By Woodrow L. Higdon - woody@gtinewsphoto.com
DEPUTY DISTRICT ATTORNEY LAURA GUNN SUPPRESSED A WITNESS, AND OBSTRUCTED THE INVESTIGATION OF OCEANSIDE POLICE OFFICER DAMON SMITH'S EIGHT YEARS OF EVIDENCE TAMPERING, TO PROTECT DA CASE HISTORY AND HERSELF FROM CRIMINAL AND CIVIL LIABILITY
In April 2009 the Oceanside Officer Damon Smith evidence tampering scandal hit the San Diego County District Attorneys door step like a time bomb. Officer Smith had been secretly recording criminal investigations, lying under oath, and tampering with evidence full time for eight years, as an on duty Oceanside Police Officer. District Attorney Dumanis & the Oceanside Police Department, like any professional investigators immediately recognized the potential dangers associated with eight years of corrupted criminal prosecution. Secret recordings of criminal investigations by paranoid police officers has been around for decades, but none of them were exposed in court, under oath, and directly connected to 8 years of cases and other police officers.
The Special Operations Division of the District Attorneys Officer was brought in to handle the investigation, even thought it was a major conflict of interest. District Attorneys with a vested interest in protecting eight years of their own prosecutions, from expensive re-investigation and new prosecutions started a high level criminal cover up. The first step was to avoid a major criminal investigation of the Oceanside Police Department, that would likely lead to the exposure of additional police officers involved in evidence tampering. More police officers would lead to more corrupted cases, and that would be a public image, and public relations nightmare. The District Attorney had to maintain control over, and limit the investigation, in order to minimize the number of corrupted cases reported to opposing defense councils.
The most impacted criminal defense organization would be the Public Defenders Office, and yet no investigation was ever started in that department. Eighty to ninety percent of criminal defense is handled by the Public Defenders Office. More than six months later, according to supervising attorney Bill Trainer, no one in the Public Defenders office was even aware of the Damon Smith evidence tampering tapes. If this was by plan, or just shear negligence, we will probably never know.
The District Attorneys Special Operations Division assigned the investigation to DDA Laura Gunn. In those first weeks of the investigation DA Bonnie Dumanis, and Chief of Police Frank McCoy were already making public statements that Officer Smith had not violated any laws, would not be prosecuted, and there was noting illegal about "recording conversations". The DA's investigation had just started and the cover up was already underway, even though departmental policies and procedures, for both the DA and the Police, prohibit any public statements prior to the completion of any investigation. It would be many months before the investigation disclosed why DDA Gunn was assigned to head up the evidence tampering investigation, or more accurately the investigation obstruction and suppression.
$20 MILLION DOLLAR EVIDENCE TAMPERING COVER UP CONSPIRACY TO PROTECT DA'S DUMANIS AND GUNN FROM CIVIL AND CRIMINAL LIABILITY IN MURDER CASE EVIDENCE TAMPERING
In the coming months multiple contacts with the office of DDA Laura Gunn were always meet with the same position. "No comment as an investigation is still in progress". At the same time Chief McCoy of the Oceanside Police, and DA Dumanis are continuing to make regular public statements about the innocence of Officer Smith to avoid criminal investigations.
On October 6, 2009, with a complete lack of evidence of any real investigation of Officer Smith by the DA's office, or the Oceanside Police Department, this reporter started back at the beginning to verify the lack of investigation.
Criminal Defense Attorney Andrew Limberg was the attorney that discovered Officer Smith's secret recording of criminal investigations. Mr Limberg has never been contacted by any investigators from the District Attorneys Office, the Oceanside Police, or any other agency investigating the evidence tapes. Mr. Limberg stated that when Officer Damon Smith finished testifying in court, that day in April 2009, Smith approached Mr. Limberg. Officer Smith was very concerned about how much trouble he was in, with all the secret evidence tapes. Officer Smith could not understand all the concern, and stated that his practice of recording and hiding criminal investigation audio tapes was "Common Knowledge" among the police officer he worked with at the Oceanside Police Department.
Officer Smith told a court official that his secret audio tape evidence tampering was "common knowledge" among the Oceanside Police officers he worked with for the past eight years!
Attorney Andrew Limberg was ground zero for the Officer Damon Smith investigation. Any competent police or DA investigator would know to start an investigation with the people that were in the court room, when Officer Damon Smith testified under oath. Testimony that tied Officer Smith to tampering with evidence, obstructing justice, falsifying police reports, and falsifying testimony for eight years. Andrew Limberg stated that no investigator had ever contacted him since that first day in court. There had never been any real investigation by the District Attorney's Office, or the Oceanside Police of the Damon Smith evidence tampering. The DA's internal investigation was geared to protect Officer Smith and keep his mouth shut about the identity of other officers, minimize the number of exposed cases, and minimize the number of notifications to defense attorneys, in the hope that everything would be forgotten. The Oceanside Police cover up of the Smith evidence tampering was to protect the on going criminal election fraud to seize voting control over the Oceanside public treasury.
On October the 9th, this reporter contacted DDA Laura Gunn, head of the Damon Smith Investigation, and gave her the witness statement, his name, address, and phone number. I also gave the information to Internal Affairs Supervisor Sgt. Ron Hardy of the Oceanside Police Department.
Three weeks later District Attorney Dumanis released a press statement that approximately 35 of the Officer Damon Smith audio tapes were being released to the Public Defenders Office, that Officer Smith had broken no laws, and was not going to be prosecuted for anything.
This reporter contacted Attorney Andrew Limberg, and Lynberg stated that no one had contacted him from the District Attorneys Officer, or The Oceanside Police Department since we last talked on October 9th. Deputy District Attorney Laura Gunn and the Oceanside Police had tampered with evidence, and suppressed evidence of a credible witness, to the involvement of other Oceanside Police Officers in the eight years of evidence tampering.
On November 4, 2009, as a citizen, I met with Deputy District Attorney Damon Mosler and a DA investigator Snyder, and filed multiple felony criminal complaints, with documentation against DDA Laura Gunn for evidence tampering and obstruction of justice. Complaints were also filed against various supporters of the Oceanside Police & Fire Department, and their unions for election fraud, and falsification of campaign finance records. Complaints were also filed against Deputy District Attorney David Latuca for obstruction of justice in the insurance fraud of citizens, to protect DA Special Funding Grant money. The complaint process was recorded to verify submission.
In April 2010 when I had heard nothing from DA investigators or Oceanside Police, I again contacted DDA Damon Mosler and was advised that DDA Laura Gunn no longer worked for the District Attorneys office, and there would be no criminal investigation. The termination of DDA Laura Gunn, as usual, was now declared to be a personnel problem, and privacy laws were cited to block all information. DDA Damon Mosler declined to discuss any of the felony criminal complaints this reporter filed on October 4th, 2009.
I contacted Paul Levikow, spokesman for the District Attorneys Office regarding the evidence tampering of DDA Daniel Rodriguez and Officer Jon Domonique, and once again, was advised that DDA Rodriguez also no longer worked for the District Attorneys Office. DDA Rodriguez was also declared a personnel issue to shut down criminal complaints and investigations linked to the Oceanside Police evidence tampering.
In June 2010, Paul Levikow told Sarah Gordon of the North County Times that it is legal for a police officer to use a concealed recorder, however, if the tape becomes part of a criminal case, it must be turned over to prosecutors, who then must provide it to defense attorneys. The law obviously has a double standard when DA Dumanis is avoiding criminal charges, new investigations and re-prosecution of hundreds, if not thousands of corrupted cases, and the police have an ongoing election fraud for profit conspiracy to protect.
Complaints with full documentation were also filed with Gary Schons of the Attorney General Office in San Diego. All complaints and investigations were suppressed to protect eight years of corrupted prosecutions, and DA's and Cops involved in extensive evidence tampering, and election fraud.
Supporting Stories:
$20 MILLION DOLLAR EVIDENCE TAMPERING COVER UP CONSPIRACY TO PROTECT DA'S DUMANIS AND GUNN FROM CIVIL AND CRIMINAL LIABILITY IN MURDER CASE EVIDENCE TAMPERING
Deputy District Attorney Damon Mosler Obstructs Justice Suppressing Multiple Criminal Complaints Involving DA Dumanis, DA Staff, Oceanside Police & Fire Agencies, and financial supporters.