TWO YEAR UNDERCOVER INVESTIGATION
UPDATED MAY 2014
DDA ERNEST (ERNIE) L. MARUGG (ACCUSED SEX PREDATOR) TERMINATION DOCUMENT CONFIRMS A LONG TERM PATTERN OF CORRUPTION COVER UP & CONSPIRACY TO OBSTRUCT JUSTICE, IN THE SAN DIEGO COUNTY DISTRICT ATTORNEY'S OFFICE
The November 2011 discovery of a confidential attorney-client privileged document has provided the hard evidence, to confirm a long term pattern of corruption cover up, and conspiracy to obstruct justice, in the San Diego County District Attorney's (DA) office. The document was written to lay out the basic agreement, to suppress the DA's criminal investigation of DDA Ernest Marugg in 2010.
The overall conspiracy was to suppress DA investigations, and prosecutions, of corrupt DA's, and Law Enforcement officers, through quiet forced resignations. Corrupt DA's are given the choice of quietly resigning, or facing continuing DA criminal investigations, and criminal prosecution. If they resign, and remain silent, protecting other DA criminal operations, the DA's office will protect them from all future investigations and prosecutions, including the California State Bar.
A process of forced resignations that has become all to common in the SDDA Prosecutor's Office, as well as other Public Prosecuting Agencies. This criminal tactic has been used for many years, by the San Diego District Attorney's Office, to cover up public corruption, and criminal conduct, by DDA's and local law enforcement. All to protect the DA's Office from civil liability, and the exposure of other on going criminal operations. Public Corruption that could adversely impact their public image, and their unions pay and benefits in contract negotiations.
The Marugg corruption cover up process was financed by, and coordinated by, other members of the San Diego Deputy District Attorney Association, and their Legal Defense Fund (LDF).The forced resignation of corrupt DDA's, and their silence, is sealed by the DA's office agreeing to drop criminal investigations, and suppress all public complaints, and future investigations, including those of the California State Bar. The resignation of the corrupt DDA's allows the DA's office to declare the resignation a public employee issue, and then criminally conspire to abuse the State Employee Privacy Laws, to block public information request, protect the criminal conspiracy, and shut down news media investigations.
CRIMINAL CONSPIRACY -California Penal Code Sec. 182(a) - "IF TWO OR MORE PERSONS CONSPIRE TO COMMIT A CRIME", ANY CRIME.
In most U.S. jurisdictions today,......... an accessory can be convicted even if the principal actor is not arrested or is acquitted. The prosecution must establish that the accessory in some way instigated, furthered, or concealed the crime.
An accessory after the fact is someone who knows that a crime has occurred but nonetheless helps to conceal it. Today, this action is often termed obstructing justice.
In Criminal Law, contributing to or aiding in the commission of a crime. One who, without being present at the commission of an offense, becomes guilty of such offense, not as a chief actor, but as a participant, as by command, advice, instigation, or concealment; either before or after the fact or commission.
THE DDA MARUGG CONSPIRACY TO OBSTRUCT JUSTICE IN WRITING
In early 2010 DDA Marugg was under criminal investigation by the DA's Special Operations Division, on charges that Marugg has used his office, as a senior Deputy District Attorney in the Fraud Division, to pursue sexual affairs with women that Marugg had preciously prosecuted on criminal cases.
It is reported, that the DA's office, had received a series of complaints from women, covering a ten year period of time, and the conspiracy letter confirmed that there were thirty six witnesses. Complaints that had been systematically suppressed by the DA's Office. On October 1, 2010, DDA Marugg suddenly resigned from the DA's office. All evidence of a criminal investigation disappeared, and the DA's office actively obstructed all inquiries, citing State laws on public employees privacy. A criminal investigation, of a DDA that was widely described as a "SEX PREDITOR" with multiple victims, simply disappeared, and became a SDDA personnel issue.
This was not the first time this reporter had seen this type of DA cover up on criminal violations involving Deputy District Attorneys. The DDA Marugg document that surfaced in 2012, was the smoking gun evidence that tied multiple DA criminal conspiracies together, with quite resignations.
The document was a written response by attorney Richard Castle, dated November 7, 2010, on behalf of his client DDA Marugg, regarding a Legal Defense Fund (LDF) referral of the Ernest Marugg; Case #10-2391; from the San Diego Deputy District Attorney's Association. The Deputy DA's Association was obligated to fund the defense of DDA Marugg, under a DDA Association agreement.
Attorney Castle states:
"This was a very serious investigation. The Special Operations team that investigated the allegations advised Deputy Marugg of 36 prospective witnesses to be interviewed."
"After Spending many hours with Ernie on several occasions, we attended a lengthy interview which did bring out some very damaging information"
"...on one occasion, he (Ernie) did divulge information that was confidential which constituted serious misconduct and potentially a Penal code Violation"
"Human Resources Council.....the department (DA'S OFFICE) was also concerned about the potential for a State Bar investigation. This concern was and is shared by Ernie and myself."
"Deputy Marugg made a wise decision to discontinue his employment by retiring rather than forcing the department to complete the investigation and render a finding...... it would have been very damaging to Ernie. No "Skelly" letter ever issued nor was there ever a "Skelly" Hearing."
The document clearly indicates that DDA Marugg's attorney, Richard Castle, believes the Marugg charges are "serious misconduct" and some are "potentially a Penal Code Violation" (CRIMINAL), and that the DA's office was very concerned, about what a State Bar Association Investigation of DDA Marugg, might disclose about the DA's office.
The statement continues with the notice, that no Skelly letter was issued, and there was no Skelly Hearing. Any type of serious disciplinary action, including termination and criminal prosecution, involving a state employee requires the issuance of a skelly letter laying out the charges and the supporting documentation to justify the action, with a "Skelly" hearing to investigate. The DA's office allowed Marugg to quietly resign, shut down their criminal investigations, and obstructed the "Skelly" process.
A process that should have started with the criminal investigation, in the Special Operations Division. The suppression of the Skelley Letter and hearing, would eliminate documents, that could be used against the DA's Office in civil litigations, from the victims, and improve the DA Office's ability to hide records on corruption, behind the state employee privacy laws.
The Castle document continues with:
"By retiring, Ernie isn't guaranteed the State Bar won't investigate the matter but the chances of that occurring are lowered very significantly."
" The Department, according to my understanding, will not be sending anything to the Bar and if the Bar contacts the department, they will be advised Ernie retired and is no longer employed by the office".......The Department is the District Attorney's Office.
This sequence of events, and agreed public statement releases, is exactly the same corruption cover up plan executed by the San Diego District Attorneys Officer, in multiple audio tape evidence tampering conspiracies, and their cover up, in the DDA Laura Gunn, and DDA Daniel Rodriguez cases during 2009 and 2010.
The primary purposes of the DA's continuing conspiracy, was to avoid huge civil liability and to protect the DA's Office from investigations and prosecutions, on other on going criminal operations involving DDA Marugg, DA Dumanis, DDA Gunn, DDA Rodriguez, and others like DDA Mosler in the Special Operations Division. A DDA that already knew about, and was actively suppressing investigation of corruption in Marugg's Insurance Fraud Division.
Declaring these forced terminations to be resignations, and then SDDA personnel issues, allowed the DA's office to protect internal records on the corruption from exposure, through Subpoenas for records and depositions. Documents that could be used against the DA's office in future criminal, and civil actions. They would also be protected from exposure, by any future public record request.
Marugg was also a former San Diego Police Officer, and DA Investigator with the SDDA. The San Diego PD, like the SDDA, also has a documented history of protecting Sex Predators, when they are Police Officers, or infulencial Elected Officials, like Mayor Filner, that have a say on Law Enforcement pay and Benefits. Criminal cover ups that are even cordinated with Federal Agencies.
THE DA COVER UP CONSPIRACY MOTIVES
Three of the primary motives for the DA Marugg conspiracy was to protect the finances of the DA's Office from civil litigation, some of which were illegal. To protect their public image, and avoid Prison, which is critical to future union pay and benefit negotiations. Most important, was to avoid exposing other on going simular DA criminal operations, that had even more civil liability than the Marugg Sex corruption. Marugg was also the head of an Insurance Fraud Division that was actively taking millions of dollars in bribes to protect Insurance Companies from criminal prosecutions for Insurance fraud, while selling prosecutionf of citizens to the same Insurance companies.
The conspiracy letter stated there were 36 know witnesses in the Marugg case, which are all potential victims that could have financial claims against the DA's Office, based on Marugg's conduct. A criminal prosecution of a senior, long term, Deputy District Attorney would provide huge amounts of evidence, that victims attorneys could use against the DA's Office, in their claims for financial damages. A conviction would provide even more evidence of wrong doing, that could further expand damage claims. This was especially true, in that the DA's Office was once again prosecuting an innocent woman, named Tamara McAnally to protect a DA insurance fraud scheme operating out of DDA Marugg's insurance fraud division. McAnally was one of Marugg's victims.
If the criminal investigation just goes away, the corrupt attorney resigns, and is declared to be a personnel issue, a victims ability to successfully litigate a case against a public agency, is close to zero, and the DA's office knows it. Which is exactly what the DA's Office did in the Marugg criminal investigation.
More importantly the Marugg conspiracy letter is directly linked to the Deputy District Attorneys Association, and the senior prosecuting attorneys of the DA's Office. Large numbers of Prosecuting attorneys, conspiring with other attorneys, to suppress criminal investigations, of still other DDA's, is not the Public Image that Union negotiators want at new contract time.
OTHER PROTECTED DA CORRUPTION
Most critical for the DA's Office is to avoid exposing other on going DDA criminal operation, during the prosecution of a DDA, like Marugg. In January of 2009 DA Bonnie Dumanis, DDA Laura Gunn, and the DA's office were fighting legal motions to stop the filing of a multi-million dollar civil law suit against Dumanis, Gunn and the DA's office, involving charges of prosecutorial misconduct, and evidence fabrication in the Cynthia Sommer murder prosecution.
An innocent woman, Cynthia Sommer, was sent to prison for over two years, based on what the courts called fabricated evidence, involving DA Dumanis, DDA Gunn, and others. A successful civil suit could even generate criminal charges against DA Dumanis, DDA Gunn, and others, based on recently discovered confidential DA documents.
As Reported By GTI News Photo:
In April of 2009 the Oceanside Officer Damon Smith, eight years of audio tape evidence tampering in criminal prosecutions, was exposed by a defense attorney, in the North County Courts. Officer Smith had been secretly recording criminal investigations on audio tapes for eight years, and hiding the tapes from the criminal justice system. One Oceanside officer had eight years of corrupted prosecutions, and Smith was not the only Oceanside police officer involved. More evidence, of large scale evidence tampering in DA prosecutions, involving multiple Oceanside Police Officers and multiple Deputy District Attorneys, would be the perfect "smoking gunn" evidence. Evidence that Cynthia Sommer's attorneys would like to have in their legal battle to file, and sustain a civil litigation against DA Dumanis, DDA Gunn, and the DA's office.
As Reported By GTI News Photo:
As soon as the Officer Smith evidence tampering was discovered, and fifty four (54) audio tapes were recovered from Officer Smith's police locker, DDA Gunn was immediately appointed to head up the DA's investigation of Officer Smith, or more accurately, the suppression of the investigation. Officer Smith was protected from arrest and prosecution, to keep his mouth shut about the identity of other Oceanside Police Officers, involved in the eight years of evidence tampering. More importantly, it was to protect Dumanis, Gunn, and the DA's office from the Sommer litigation. The Officer Smith investigation was sucked into the Special Operations Division under DDA Damon Mosler, even though it was a major conflict of interest.
In September of 2009, a $20 Million dollar law suit was filed by Cynthia Sommer, against DA Dumanis, DDA Laura Gunn, the DA's Office, and others for the fabrication of evidence and false imprisonment of Cynthia Sommer. The DA's year long criminal conspiracy involving legal motions, to stop the filing, had not been successful.
September 2009 was not a good month for the DA's cover up conspiracy, or for the Oceanside Police and Firefighters. The DA's Office was notified, and received numerous complaints, about the Oceanside Police Officers, and Firefighters unions, conspiring to manipulate, and falsify an election, to expand their union pay and benefits. Any DA investigation of the Police and Firefighter election fraud, would lead directly back to multiple police evidence tampering conspiracies, which the DA's office was protecting from exposure in the Cynthia Sommer's $20 Million dollar law suit. All complaints and investigations were suppressed by the DA's office.
As Reported By GTI News Photo:
In October 2009 this reporters investigation of the Officer Smith evidence tampering, revealed a witness, to the involvement of other Oceanside officers, in the eight years of Smith evidence tampering. To test DDA Gunn's on going investigation, and the investigations of the Oceanside Police, this reporter provided the witness information to DDA Gunn, the DA's officer, and the Oceanside Police. The witness was never contacted, and all agencies quickly shut down their investigations to protect Officer Smith from arrest and prosecution. The Oceanside Police supported the DA's evidence tampering cover up, to protect other officers, and the on going police and firefighter election fraud conspiracy.
Hidden In The Background in September 2009 was more Oceanside Police audio tape evidence tampering.
As Reported By GTI News Photo:
October 2009 was also the first appearance of the DDA Daniel Rodriguez audio tape evidence tampering in the Shippia Case from Vista, CA., and its cover up by the DA's Office and the County Sheriffs. Three men were being prosecuted for rape and kidnap, while DDA Rodriguez hid the victims audio tape statement, that indicated the three men were over charged in the case. Rodriguez was suspended pending investigation by DDA Mosler's Special Operations Division.
DDA Rodriguez was also removed from the Michael Shields prosecution, where Rodriguez was also hiding audio tape evidence, with Oceanside Officer Jon Domonique. An innocent man was being prosecuted for felony assault with a deadly weapon, to protect, and aid the cover up of the Officer Damon Smith audio tape evidence tampering. The DA conspiracy to obstruct justice was once again, to keep more evidence, of DA and Police evidence tampering, out of the hands of Cynthia Sommer's attorneys, and to protect eight years of corrupted prosecutions in the Officer Smith corruption.
THE DDA MARUGG CORRUPTION COVER UP CONSPIRACY, COMES FULL CIRCLE WITH THE DDA GUNN, & THE DDA RODRIGUEZ RESIGNATIONS - LIKE THREE PEAS IN A POD
Between November 2009 and April 2010, full written documentation, and complaints, on DDA Laura Gunn and DDA Daniel Rodriguez were provided to DDA Damon Mosler, head of DA Special Operations, DA Dumanis, The California Attorney General, and the FBI.
The pattern of cover up was identical.
When criminal complaints & documentation were filed with the DA's office, Both DDA Gunn, and DDA Rodriguez suddenly resigned from the DA's office, with the DA public statement, that they no longer worked for the DA's office, PERIOD.
Just like the DDA Ernest Marugg resignation described and executed, in the Castle Memo. There were no notifications to the State Bar Association, or know complaints.
As soon as DDA's Gunn and Rodriguez resigned, all DA complaints were buried, and all DA investigations stopped.
Just like the DDA Marugg investigations discussed in the Attorney Castle Memo agreement, with the DA's office.
DDA Gunn and DDA Rodriguez were immediately declared to be a personnel issue, and State employee privacy laws were used to shut down information to the public, and the news media, and keep documentation away from the State Bar Association.
Just like the DDA Marugg criminal conspiracy to obstruct justice, discussed in the Attorney Castle Memo agreement, with the DA's office.
It is very likely that similar written protection agreements, like the Marugg Memo, were also worked out with DDA Gunn, and DDA Rodriguez, to keep their mouths shut, and protect DA Dumanis, DDA Gunn, and the DA's office from that on going $20 Million Dollar Law Suit, and criminal charges, not to mention Dumanis's planned run for San Diego Mayor in 2012.
A $20 Million dollar judgment against the DA's office in the face of such corruption, would also adversely impact the public image of the DA's office, and their unions future negotiations, for the expansion of union contracts. Just like the exposure of the Oceanside Police and Firefighters election conspiracy, and evidence tampering, would impact their unions ability to negotiate new union contracts, and avoid criminal prosecution on the Kern Recall election fraud conspiracy.
On April 10, 2010, and six months before the DDA Marugg conspiracy document was written, DA Dumanis's worst fears in the Sommer litigation became reality. Judge William Hayes Ruling, on the Sommer civil suit, was released. The case was not thrown out of court, and DA Dumanis, DDA Gunn, and the DA's Office were not protected from the $20 Million Dollar law suit. The situation got even worse when Judge Hayes included the follow in his decision.
District Judge William Q. Hayes' ruling, states:
"Accepting as true all facts alleged in the Complaint and drawing all reasonable inferences in favor of Plaintiff, the Court concludes that the Complaint contains sufficient factual allegations to support a... due process claim against Dumanis and Gunn for deliberate fabrication of evidence during the investigation of Todd Sommer's death."
Once again, as with the DDA Gunn and the DDA Rodriguez conspiracies to obstruct justice, the DDA Marugg corruption became a liability to the Cynthia Sommer $20 million dollar litigation, and the DA's Office with potential criminal charges that could flow from the exposure of corruption during the Sommer litigation process.
As Reported By GTI News Photo:
PUBLIC CORRUPTION COVER THROUGH FORCED RESIGNATIONS IS NOT LIMITED TO THE DA'S OFFICE
The DA's forced resignation corruption cover up tactic, is not limited to the San Diego District Attorneys Office. The same tactic was used by California Attorney General Kamala Harris in November of 2011, when Senior Assistant Attorney General Gary Schons, came under a GTI News investigation, for his involvement in the San Diego DA's corruption cover up. Schons was the head of the San Diego Attorney Generals office, and was given extensive documentation on the long term DA and Police Corruption. When GTI News provided documentation to the Office, of newly elected AG Kamala Harris, with request for interviews, on the involvement of SAAG Schons in:
SUPPRESSING CRIMINAL INVESTIGATIONS,
COVERING UP DA AND POLICE EVIDENCE TAMPERING,
AND PROTECTING THE OCEANSIDE POLICE AND FIREFIGHTERS ELECTION FRAUD CONSPIRACY
SAAG Schons suddenly resigned from the office of the Attorney General. AG Kamala Harris's election campaign finances were also linked to the Oceanside Police and Firefighter election fraud conspiracy. SAAG Schons, like DDA Marugg, was immediately declared a personnel issue, and state privacy laws were cited to block information on the corruption complaints, and investigations of the public corruption, in San Diego County. AG Kamala Harris's office has ignored all request for interviews on the public corruption cover up, and it's financial connection to Harris's election campaign.
As Reported by GTI News:
All of the above cases of public corruption, and criminal conspiracy to obstruct justice, by DA's, Oceanside Police, and Firefighters, were all being handled, and suppressed by the the DA's Special Operations Division in 2009 and 2010, by DDA Damon Mosler.
As Reported by GTI News:
The Federal Bureau Of Investigation has also had written public record documentation, in their possession, on all of the above corruption for more than a year. GTI News Photo started requesting interviews with Senior Supervising Agent Keith Slotter of the San Diego FBI in late 2011. Request were submitted through the San Diego and Washington Offices.
In November and December of 2011 the Oceanside Chief Of Police Frank McCoy conspiracy to destroy evidence in the Sgt. Larson DUI case surfaced, as did the the San Diego DA's conspiracy to obstruct justice in the in the DDA Ernest Marugg investigation. As well as the San Diego Police - DA Ticket Fixing conspiracy. Three major DA and Police public corruption exposures in less than sixty days, sent shock wave through the FBI cover up. Multiple news sources reported that the FBI had requested copies of the audio tapes, from the Chief McCoy conspiracy to obstruction justice.
As Reported by GTI News:
Request to interview Agent Keith Slotter, Agent Gicking, and others continued for several months. All request for interviews were rejected, or ignored. In late January and early February 2012, GTI News published the first two articles in a planned series, on the FBI involvement in the public corruption cover up. In early March the San Diego FBI office issued a press release, stating that Senior Supervising Agent Keith Slotter was resigning from the FBI.
As Reported by GTI News:
GTI News Photo is investigating.