Thursday, October 13, 2011

The People of Modesto Deserve a Fair Shake from City Government

By Emerson Drake

WE do deserve a fair and honest shake from our city government but we sure aren’t getting one now. We have a Councilman who voted for NSP2 money and then ended up putting some of it ($62,500) in his own pocket. When the truth was about to come out he told on himself, BUT, he didn’t mention how his company “Benchmark Realty” is managing the houses for Trinity Renovations and will be getting a slice of the pie monthly for the next 25 years.

We have a candidate for Mayor who a developer purchased and decided to run in the race for $14,000 dollars. Kind of like buying a horse to run at the track without having to buy feed or tack but who will go in any direction you pull his reins in.

We have local developers paying “rental” money to City Council candidates running for reelection. Chopra just loves those “rentals” . They’re cheaper than owning with none maintenance costs, and a new crop coming every two years.

You don’t have to ask what Escalon based Bavaro Farms is doing donating big money to Modesto candidates for do you? OK, if you do, I’ll help out. It’s because they have land they want Modesto to annex and zone for homes. They did this same thing in the last election and will continue to do it until they motivate the council to ignore the “advisory votes” and do it anyway. The last annexation ( two years ago) the Bavaro’s hoped for lost by over 70%.

And don’t think it might not happen since we have a candidate for Mayor who says he’ll ignore advisory votes and do what he thinks is best for the city. So much for representing the people.

We need a new amendment to our City Charter which would prohibit councilmen from accepting more than $1,000 dollars from any person or business without having to recuse themselves ”step back and not vote or take part in the discussion” when that individual or business had something in front of the council for consideration, similar to what the County Board of Supervisors is considering.

Do we need honest government and a fair shake?

Do we deserve an honest government and a fair shake?

Damn straight we do. And until we get some changes in the same old, same old, it isn’t going to happen.

Detective Kari Abbey Charged With Killing Woman, Growing Weed & Neglecting Her Kids

Detective Kari Abbey was off-duty when she went with her father and kids to one of the rental properties her parents owned in Modesto, California. There she got into an argument with a tenant, 31-year-old Rita Elias. Abbey and her father both say that Elias attacked...

Rita-Elias.jpg
The sheriff's department initially ruled the shooting of Rita Elias as self-defense

​They claim Elias was armed with a tree branch and a semi-automatic handgun. So Abbey opened fire, killing the woman with multiple shots.

It turned out that the gun was just a BB gun, but manufacturer Crossman likes to makes sure they look like authentic weapons, just so their customers have a better chance of getting killed by police. The Stanislaus County Sheriff's Department soon ruled that the killing was self-defense.

The incident happened last September, and Abbey went back to work. But the incident never completely went away. A few weeks ago, a new witness came forward, saying the shooting didn't go down as Abbey claimed. And when police started investigating more thoroughly, they found they had a very corrupt cop on their hands.

Abbey and her parents own rental properties around Modesto, and tenants say the family routinely abused and strong-armed them. They would harass and intimidate them, using fellow officers to deliver eviction notices on county time.

kari-Abbey-wedding.jpeg
A wedding photo of Abbey and her husband, steroid boy Bennie Taylor

​In one instance, a tenant called police to say Abbey's husband, Bennie Taylor, a former cop, had hit a resident. But the Modesto cop who showed up hugged Abbey, shook Taylor's hand, then ruled that it was a mutual fight and not an assault. That left abused residents afraid to complain about a cop.

The case would get more damaging when police searched the couple's home on March 30. They found weapons, a sophisticated marijuana growing system, counterfeit bills, and bullet-proof vests taken from the Hayward, California PD, where Taylor used to work.

They also found 16 vials of steroids and 54 syringes. Loaded guns were left in a kitchen drawer and underneath the cushions of the couch, even though the couple had kids ages 6 and 20 months at home.

Abbey is now charged with second-degree murder, voluntary manslaughter, conspiracy, embezzlement from a government entity, cultivation of marijuana, receiving stolen property and child endangerment.

http://www.truecrimereport.com/2011/05/detective_kari_abbey_charged_w.php

Kari-Abbey_opt-1.jpg

Diablo Grande embezzlement is news to sheriff

The Diablo Grande Residential Association caused a stir two weeks ago when it claimed $200,000 had been embezzled by a management company, but Stanislaus County Sheriff Adam Christianson says nobody told him or his office about it.

An unnamed M&C Association Management Services employee "committed a series of improper and perhaps illegal actions," wrote Guillermo Marrero of the homeowners' association in a letter to residents dated June 20.

The company returned more than $200,000 in "misappropriated funds" to the association, whose officers lean toward finding new management, Marrero wrote.

Marrero said Thursday morning he would return a telephone call, but did not by Friday evening.

Christianson, whose office has jurisdiction in the resort community in western Stanislaus County, said: "We have not received any official complaint or request to investigate anything related to an alleged embezzlement."

The association has come under fire by some residents, who formed a nonprofit called Homeowners for the Betterment of Diablo Grande. The nonprofit sued the association's board members, challenging an August election that resulted in one member being seated and the appointment of two other members. Critics claim the new board members are puppets of those who operate Diablo Grande's acclaimed golf courses.

Marrero's letter says board members hope to "work with" the plaintiffs "to see if the scope of the issues can be narrowed," sparing resources for "more productive endeavors." Meanwhile, "we will vigorously defend ourselves" and seek to have those suing pay attorneys' fees, Marrero wrote.

A court-ordered conference is scheduled for Sept. 19.

Two board members also hold board positions with Western Hills Water District, whose intent to increase water fees raised the ire of many residents last year and prompted a state Fair Political Practices Commission probe in December.

The board controls water, sewer and storm drain issues for Diablo Grande's 368 homes. At the time, no board member owned a home in Diablo Grande and all worked for the community developer, World International LLC, which bought the golf courses and building rights in 2008.

The current board, with a newly seated member living in Diablo Grande, approved fee increases days before Marrero's letter went out to address $8 million in debt discovered after World acquired the project. As of Aug. 1, homeowner rates will go from a $35 monthly base rate to $51.67, with automatic jumps to $68.34 in a year and to $85 a year after. People also pay an additional $1.25 for every 750 gallons used.

Commercial rates will rise from $1.25 per 750 gallons to $1.65 next year, $3.30 the year after and $4.95 in 2013. Untreated water used at golf courses will take yearly hops per acre-foot from $875 to $1,075, $1,275 and $1,475.

A contentious June homeowners meeting revealed a divided community, Marrero said in his letter. He pledged to hold new elections in August for all board members except himself; to post financial reports on the association's Web page; to draft a new bid policy; to set up ethics rules for board members and committee members; to upgrade the association's Web site; and to establish an advisory committee.

Richard Mowery, an attorney who filed the corruption complaint with state officers last year, said new elections would be useless if World continues to control elections by virtue of lot ownership.





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Insider Politics Modesto Style

By

SACRAMENTO - Friendship in politics often crosses all logical lines, and its depth sometimes can be measured in campaign cash.

The case of Escalon's Naraghi family is a prime example.

Wendell and Peggy Naraghi, scions of an Iranian-American family grown wealthy through almond farming and real estate, have given Stockton Republican Dean Andal $9,200 - the maximum possible - to help him unseat Rep. Jerry McNerney, D-Pleasanton.

But there is a twist: The Naraghi family also has given the Democratic Congressional Campaign Committee $79,000 since 2004, federal records show. The DCCC's primary job? To keep people like Andal from getting into Congress.

Campaign contributors give for any number of reasons. Some are moved by ideology, such as Stockton mega-developer Alex Spanos. Professional groups like the state Medical Society will give to both sides as a strategic move. But many individuals give because they have a personal relationship with a candidate; the Naraghis fall into this category.

"We are people who vote for the person and not for the party line," Wendell Naraghi said. "I'm a registered Republican."

So what's with the $79,000 to the DCCC?

"I've known Nancy Pelosi for years," Naraghi said. "She was always an admirable person, a person of good character. Very few people get to be speaker of the House that you know - consider the odds."

As for Andal: Six years ago, when he was a member of the state Board of Equalization, Andal voted to absolve Naraghi's father, Hashem, of a $1.3 million tax penalty the state Franchise Tax Board wanted to impose. Hashem Naraghi then gave Andal's short-lived campaign for state controller $10,000 six months after that case. State records show this was the first time the Naraghis had contributed to Andal.

But Naraghi's lawyer, Stockton's Richard Calone, contributed $150 to Andal's campaign while the case was still open.

Wendell Naraghi says the tax case had little to do with his decision to contribute this year. Naraghi said what sealed the deal for him was Andal's work as an assemblyman to eliminate the sales tax on farm equipment, coupled with the fact that they are both active in the Boy Scouts.

"Andal has good family values," Naraghi said. And Pelosi? "There's not a better family person than Nancy - and Andal as well. We believe in Andal and we believe in Pelosi.

"Politics makes strange bedfellows, but it does make sense."

The tax case first reached the Board of Equalization in the late 1990s. Andal says he only vaguely remembers it and could not recall any details - the final hearing was quick, the vote unanimous. But according to the Board of Equalization's file on the matter, it went like this:

Hashem Naraghi had built himself an almond-growing empire by the 1980s; he even had several new heat-tolerant strains of the nut named after himself. Hashem and Wendell Naraghi then expanded operations into real estate, building Naraghi Lakes in Modesto.

But almond prices crashed in 1983, and Hashem Naraghi found himself about $29 million in debt.

To extricate himself, Naraghi swung a deal with Wells Fargo Bank - one of his largest creditors - to deed over a swath of his land, an almond huller and an almond processing plant in return for forgiving his debt.

But Wells Fargo forgave more debt than the property was worth, which, in the eyes of the state's Franchise Tax Board, meant Naraghi should have paid taxes on what amounted to income. The case dragged on for several years and hinged on two points: whether the property was properly appraised and whether Naraghi was financially solvent at the time. Naraghi claimed he was not and argued that the appraisal was too high.

Interestingly enough, the appraiser was the Modesto firm of Cogdill & Giomi; the "Cogdill" being state Sen. Dave Cogdill, R-Modesto. David Giomi later came to Naraghi's aid by acknowledging that their initial assessment, done for Wells Fargo, might have been too high. Giomi later assessed the Naraghi Lakes development on Hashem Naraghi's behalf as part of the case.

In the end, the Board of Equalization sided with Naraghi and voted in his favor in May 2001. Two months later, Hashem Naraghi gave Cogdill $3,000 to help his campaign for state Assembly. The family has not contributed to him since.

Naraghi then contributed the $10,000 to Andal's race for state controller, a contribution Wendell Naraghi said he had forgotten.

Contact Capitol Bureau Chief Hank Shaw at (916) 441-4078 orsacto@recordnet.com.

Just for posterity's sake Kari Abbey

Stanislaus County sheriff's detective charged with murder

Abbey taken into custody for role in off-duty shooting death

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MODESTO -- Authorities on Monday arrested a Stanislaus County sheriff's detective on murder charges in the off-duty shooting death of a Modesto woman last year, also alleging that the deputy engaged in a series of illegal activities.

The deputy, Kari Abbey, 34, reportedly was fired by the Sheriff's Department on Monday.

In court documents, the Stanislaus County district attorney's office said Abbey abused tenants at her rental properties, used fellow deputies to serve eviction papers while they were on duty and conducted her business on county time.

  • http://media.modbee.com/static/images/iconSprite.gif); background-attachment: initial; background-origin: initial; background-clip: initial; background-color: initial; background-position: 0px -325px; background-repeat: no-repeat no-repeat; "> Kari Abbey criminal complaint
  • http://media.modbee.com/static/images/iconSprite.gif); background-attachment: initial; background-origin: initial; background-clip: initial; background-color: initial; background-position: 0px -44px; background-repeat: no-repeat no-repeat; "> Family of woman shot by off-duty Stanislaus County detective files claim
  • http://media.modbee.com/static/images/iconSprite.gif); background-attachment: initial; background-origin: initial; background-clip: initial; background-color: initial; background-position: 0px -44px; background-repeat: no-repeat no-repeat; "> Stanislaus detective's home subject of DA search
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  • http://media.modbee.com/static/images/iconSprite.gif); background-attachment: initial; background-origin: initial; background-clip: initial; background-color: initial; background-position: 0px -44px; background-repeat: no-repeat no-repeat; "> Questions arise over shootings by Modesto area law enforcement
  • SEARCH

    Items found in a search of the compound Stanislaus County sheriff's Detective Kari Abbey shares with her husband, Bennie Taylor, and her father:

    • A loaded, unregistered illegal assault rifle under the mattress in the bedroom Abbey and Taylor shared
    • 106 marijuana plants, packaged marijuana and scales
    • Counterfeit U.S. currency
    • 16 vials of liquid steroids and54 syringes
    • Three bullet-proof vests
    • A shotgun stolen from a home in Oakland in 1987
    • A loaded handgun in a kitchen drawer
    • A loaded shotgun underneath couch cushions
    • A samurai sword with a 16-inch blade in a ceramic pot in the family room

    — Source: Stanislaus County district attorney's office

    CHRONOLOGY

    • Sept. 24 — Off-duty Stanislaus County sheriff's detective Kari Abbey shoots and kills Rita Elias, 31, during an argument on Donald Street in west Modesto.
    • Oct. 1 — Sheriff Adam Christianson announces that the preliminary investigation shows Abbey "acted in self-defense" when she shot and killed Elias, who had brandished a replica handgun during the argument with Abbey.
    • March 30 — The district attorney's office searches Abbey's home. Investigators remove records related to rental property the detective owned. About 20 officers — including FBI agents — execute the search warrant.
    • April 13 — The family of Elias files a claim against the county seeking damages for her death, a likely precursor to a civil lawsuit.
    • May 2 – Abbey is arrested and charged with second-degree murder and voluntary manslaughter. Additional charges listed on the complaint by the Stanislaus County district attorney's office include conspiracy, embezzlement from a government entity, cultivation of marijuana, receiving stolen property and child endangerment.

In addition, a March 30 search of the home and outbuildings she shared with her husband and father yielded a sophisticated marijuana growing system, several weapons, counterfeit bills, steroids and items from the Hayward Police Department. Abbey's husband, Bennie Taylor, worked for the Hayward police until last year.

The search took place as part of an investigation into the September shooting of Rita Elias, 31. Abbey shot Elias, who was staying in a property owned by Abbey's father, during a dispute over rent.

Abbey faces charges of second-degree murder and voluntary manslaughter. In addition, conspiracy, embezzlement from a government entity, cultivation of marijuana, receiving stolen property and child endangerment are charged in the complaint.

"This is certainly a tragic situation," District Attorney Birgit Fladager said. "Charges have been filed following a thorough investigation. We will now seek to bring this matter to a fair and just conclusion."

Abbey's attorney, Robert Forkner, said Abbey "denies each and every allegation. She did nothing wrong."

She was released from jail on $300,000 bail Monday afternoon. She will be arraigned in a few weeks, Forkner said.

Forkner revealed that the Sheriff's Department fired Abbey on Monday, but the agency wouldn't confirm it.

Elias' family members could not be reached for comment. In March, they filed a claim against Stanislaus County seeking damages for her death.

Sheriff 'embarrassed'

Stanislaus County Sheriff Adam Christianson said Monday he was shocked by the allegations against one of his deputies included in the affidavit in support of the arrest warrant filed in Superior Court.

"I'm embarrassed and disappointed in the contents of the affidavit," he said. "It doesn't uphold the values and principles that we stand for, nor does it represent the vast majority of employees who work for the sheriff's office."

Although Christianson initially called the shooting justified, he said subsequent evidence and witness statements showed that wasn't the case.

Investigators said Abbey and Taylor trespassed on properties they owned and managed, harassing and intimidating tenants, assaulting at least one of them. Christianson said he was concerned about claims that the tenants of the properties Abbey managed didn't complain to his department because they felt powerless against a deputy.

"I want people to know that they should be able to call us for help without fear of retribution and without feeling like they can't trust us," he said.

One tenant called police after Taylor hit him, the affidavit said. Witnesses said the Modesto police officer who responded to the call seemed familiar with Abbey, hugging her and shaking Taylor's hand.

Police Chief Mike Harden said he looked into the matter after reading the affidavit, and pulled the officer's report of the incident. He said it appeared the call was handled properly.

"Clearly (the officer) knows her. I don't find that peculiar," Harden said. "I've looked at the criminal investigation the officer completed … at first blush, it looks like it's a pretty detailed, comprehensive investigation."





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Page two

The officer, who was not identified, said the matter seemed to be a mutual fight rather than an assault. He explained the arrest procedure to the tenant, who did not seek charges.

Forkner said the basic facts of the Elias shooting remain unchanged: The woman came at Abbey with a replica gun and a tree branch, and Abbey shot Elias in self-defense.

"The bottom line is when somebody pulls a firearm on you, a person or citizen is entitled to respond with lethal force," Forkner said.

Forkner said Abbey did not conduct personal business on county time or use her fellow deputies to serve papers for her for free.

"Nobody is doing favors for her in the Sheriff's Department," Forkner said.

As for the drugs, weapons and counterfeit money found in the Abbey home, Forkner said none of it belonged to his client.

"Other people at the property claimed ownership of the items," he said. He would not say who that was. "I don't want to be pointing fingers. It'll all come out."

Pot belonged to father?

Forkner said James Abbey is a Vietnam veteran who suffers from post-traumatic stress disorder and has a medical recommendation to use medicinal marijuana.

Investigators also said they found loaded guns where Abbey's children, 6 years old and 20 months old, could get to them: in a kitchen drawer and underneath cushions in the family room couch. They reported finding 16 vials of steroids, 54 syringes and some bullet-proof vests from the Hayward Police Department.

Hayward police Lt. Roger Keener confirmed that investigators brought the items to his agency for identification. "We couldn't confirm that it was." He said Hayward is not investigating the matter.

The Stanislaus County district attorney's office still is investigating, however.

"The overall investigation continues," Fladager said. As to whether charges could be filed against Taylor or James Abbey, "We will see what develops."

Christianson would not say if other deputies are under investigation in the case, citing personnel issues.

"I will hold everybody involved accountable," he said. "I will take corrective action to reassure the community that this is not going to happen again."





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