The Capistrano Insider

It Still Happens ...

Not in Capistrano, but it's amazing what folks still try to get away with (allegedly) in this day and age ...

From the Los Angeles Times:

A federal grand jury has indicted former Upland Mayor John Pomierski on corruption charges as part of an alleged scheme to extort bribes and campaign contributions from businesses seeking city permits and other construction approvals, federal officials announced Thursday.

Also indicted was one of Pomierski’s business associates, John Edward Hennes of Upland, who allegedly acted as a go-between for the deals, the indictment alleged.  Hennes, 54, also is a member of the city’s building appeals board.

If convicted on all charges, Pomierski faces a maximum 145 years in prison. Hennes faces up to 50 years in prison.

Pomierski, 56, is expected to appear in federal court in Riverside on Thursday afternoon. He resigned as mayor of the suburban San Bernardino County city nine days ago, eight months after FBI and Internal Revenue Service agents searched his home, Upland City Hall and several local companies with business ties to the politician.

The mayor’s indictment adds to the chaos in the city of 76,000  where, within the last year, the city manager was placed on administrative leave related to a domestic disturbance incident. In the midst of that controversy, the chief of police took a personal leave for health reasons.

Here's the entire post, including the legal papers.

LAW ENFORCEMENT AGENCIES LAUNCH ORANGE COUNTY REGIONAL COMPUTER FORENSICS LABORATORY TO FIGHT HIGH-TECH CRIMINALS AND SOLVE CYBER CRIMES



San Juan Capistrano, of course, is served by the Orange County Sheriff's Department ...

January 5, 2011

 Orange County District Attorney's Office

SANTA ANA - Ten Orange County law enforcement agencies announced today the launch of the Orange County Regional Computer Forensics Laboratory (OCRCFL) to respond to technological advances and more computer savvy criminals. The laboratory is funded by the Federal Bureau of Investigation (FBI) and is made up of participating agencies which assist with regional, State, and federal cases.

"Gang members boast their crimes on Facebook and intimidate using websites. Pedophiles hide child pornography and delete data files. Major fraud evidence is stored digitally. Cyber criminals use disguised USB drives to make detection difficult," said District Attorney Tony Rackauckas. "This partnership pools our limited resources to fight cyber crime and stay one step ahead of criminals."

OCRCFL is a full-service forensics laboratory and training center devoted to the examination of digital evidence and available to multiple law enforcement agencies. Forensic examiners utilize the most cutting-edge technology to extract information from digital devices and investigate crimes ranging from homicide and child pornography to terrorism and major fraud. The lab was created to respond to the growing number of crimes perpetrated using the Internet, cell phones, and other technology, which provide dangerous criminals greater access to citizens' personal and private information. OCRCFL arms law enforcement agencies with the expertise and equipment to combat these cyber criminals.

Prior to the OCDA's participation in OCRCFL, the OCDA's High-tech Crimes Unit ensured that Orange County law enforcement could successfully process and analyze digital evidence to support and solve high-tech crimes. The Unit provided support to other law enforcement agencies through computer forensic analysis, training, and search warrant service. In 2009 and 2010, the Unit processed 94.8 terabytes of data, the equivalent to over nine times the volume of data in the Library of Congress.

FBI Assistant Director In Charge Steve Martinez is Chair and District Attorney Tony Rackauckas is Vice-Chair of OCRCFL. The OCRCFL Executive Board is comprised of Orange County Sheriff Sandra Hutchens, Anaheim Police Chief John Welter, Fullerton Police Chief Michael Sellers, Irvine Police Chief David Maggard, Newport Beach Police Chief Jay Johnson, Santa Ana Police Chief Paul Walters, Westminster Police Chief Mitch Waller, and Deputy Director of California Department of Toxic Substance Control Gale Filter.

 

Capistrano Council Balks at Daytime Curfew

The San Juan Capistrano City Council on Tuesday declined to approve a tough new curfew ordinance that would have made it illegal for kids to be on the streets during school hours and even fined parents who knowingly let their kids violate curfews.

The council asked the proposals for a nightime curfew -- moving it from 11 p.m. to 10 p.m. -- and the 8 a.m. to 2 p.m. daytime curfew to be split into two proposals when the measure comes back. They also asked for the city's Youth Advisory Board to discuss the potential law and for Capistrano Unified School District Trustees to consider it as well.

Each of the five council members expressed concern with various parts of the proposal, from the hours, to the cost of the citations, to the cost of enforcing the ordinance.

Of Interest to Our Veterans...

I know this isn't a local story, but with the number of veterans in San Juan Capistrano, I thought it'd be interesting ...

From the US Department of Justice:

 US Department of Justice

RIVERSIDE, California – A Cabazon man has pleaded guilty and been sentenced to six months in federal prison for possessing a fake U.S. Army identification card.

Joseph Kelly Baca, 46, was sentenced yesterday afternoon by United States Magistrate Judge David T. Bristow. In addition to the six-month term of imprisonment – the maximum penalty under federal law – Judge Bristow ordered Baca to serve three years of probation.

Baca, who was discharged from the Navy in 1982 for unsatisfactory performance after serving for only three months, admitted that he possessed a U.S. Army identification card that he created himself, knowing that he was not allowed to manufacture or possess the document.

 Baca was sentenced yesterday, one day after pleading guilty to a misdemeanor charge of possessing a fake military identification card.

According to evidence provided in court, Baca used the fake military identification card to identify himself to a police officer in August. At that time, Baca was also illegally wearing an Army uniform and military medals that had not been awarded to him, including the Silver Star and Purple Heart.

The Silver Star is one of the highest medals awarded to military personnel “for gallantry in action.” The Purple Heart is awarded for being wounded or killed in action against an enemy of the United States.

The case against Baca was investigated by the Federal Bureau of Investigation, which received assistance from the San Bernardino Police Department.

MAN SENTENCED TO 16 YEARS TO LIFE IN PRISON FOR STABBING AND MURDERING ACQUAINTANCE IN CAPISTRANO PARK AFTER DISPUTE OVER WHO WAS A BETTER SINGER

 

August 27, 2010

Orange County District Attorney's Office

SANTA ANA - A man was sentenced today to 16 years to life in state prison for stabbing and murdering an acquaintance in a park after an argument over who was a better singer. Julian Sermano, 58, San Juan Capistrano, was found guilty by a jury June 23, 2010, of one felony count of second degree murder, one felony count of aggravated assault, and a sentencing enhancement for the personal use of a deadly weapon.

Co-defendant Maurico Molina, 34, San Juan Capistrano, pleaded guilty Sept. 4, 2009, to one felony count of voluntary manslaughter with a sentencing enhancement for the personal use of a deadly weapon. He was sentenced May 21, 2010, to 11 years in state prison. Molina testified in Sermano's jury trial.

At approximately 9:30 p.m. on June 6, 2007, Sermano was in San Juan Capistrano Park off Ortega Highway with acquaintances Molina and Blas Gutierrez, 39. The defendant was drinking in the park with his two companions as the three sat singing.

Sermano became angry and got into an argument with Gutierrez, who complained about Sermano's singing and boasted that he was a better singer. The defendant got into a physical fight with Gutierrez, which Molina attempted to break up. Molina began fighting with Gutierrez, pulled out a pocket knife, and stabbed the victim twice.

While Molina and Gutierrez were fighting, Sermano took out a knife and attempted to stab the victim, but missed and inadvertently stabbed Molina instead. When Molina fell to the ground, Sermano again turned on Gutierrez and repeatedly stabbed him after chasing him through the park.

Molina called 911 to receive help for his stab wound. Responding paramedics discovered Gutierrez nearby. Gutierrez and Molina were both transported to Mission Hospital. Gutierrez was pronounced dead minutes after arriving at the hospital, suffering from multiple stab wounds to his chest and stomach. Molina was hospitalized for several days for a lacerated liver from being stabbed.

Senior Deputy District Attorney Steve McGreevy of the Homicide Unit prosecuted this case.