OpenCDA

May 23, 2014

Shocking Results? – Mary Souza’s Newsletter 05-23-2014

Filed under: Probable Cause — Bill @ 3:21 pm

Mary Newsletter 05-23-2014Shocking Results?

After the Republican Primary last Tuesday, the newspapers and online blogs have been trying desperately to explain how several new people won legislative spots, unseating some big name incumbents, while other highly targeted incumbents managed to win with comfortable margins.  The media reported that some folks are “shocked” at the outcome of the election! (more…)

May 16, 2014

Bending the Rules in Clowntown?

Filed under: Probable Cause — Bill @ 8:29 am

IDCapitol copyShould Idaho’s capital city Boise change its name to Clowntown?  If so,  Idaho’s Governor Clement L. Otter may have earned the opportunity to be its first mayor under the new name.

According to the Idaho Statesman, Otter  insisted that candidates Walt Bayes and Harley Brown be allowed to participate in the Republican gubernatorial primary election candidates  debate with him and his principal challenger, state Senator Russ Fulcher.

By many accounts, the result was a debacle rather than a debate.

The debate (or whatever it was) was presented by the Idaho Press Club, the League of Women Voters, and Idaho Public Television.  The presenters had established a debate format and rules which the participants presumably agreed to follow.  Though it might not have been obvious from the participation in the debate, the presenters had also established criteria for choosing the candidates who would be invited to participate.  But as the Idaho Statesman implied in its article linked above and as candidate Fulcher alleged specifically in a statement posted on his campaign website after the debate, the presenters may have disregarded the eligibility criteria when they allowed one or both of candidates Bayes and Brown to participate.

OpenCdA has sent inquiries to both the Fulcher campaign and to Idaho Public Television (IPT).

Of IPT, we asked:

In a statement on his campaign website, gubernatorial candidate Sen. Russ Fulcher stated, “Although they did not meet the debate’s qualifying criteria, governor Otter demanded inclusion of two perennial candidates, Walt Bayes and Harley Brown, as a contingency of his participation in the only debate he would agree to.”

1.  Did candidate Bayes and candidate Brown meet each of the “Criteria for choosing candidates in the Idaho Debates” as those were stated at http://idahoptv.org/elections/2014/rules.cfm?

2.  If either or both candidates Bayes and Brown did not meet each of the “Criteria …,” then why was the noncompliant candidate(s) allowed to participate in the gubernatorial debate?   Was Governor Otter’s participation in the debate contingent on an invitation to participate being extended to either or both candidates Bayes and Brown?

3.  If the decision was made to invite and allow participation by either candidates Bayes and Brown and if that decision was made contrary to the “Criteria…,” please identify by name and organizational affiliation the person(s) consulted in the decision and the person(s) who made the decision.

Of Sen. Fulcher’s campaign, we asked:

Idaho Public Television’s website listed the “Criteria for choosing candidates in the Idaho Debates.”  Which of these criteria did each of the two candidates Bayes and Brown not meet?  Since the debate was presented by the Idaho Press Club, the League of Women Voters, and Idaho Public Television, who at each of these organizations agreed to waive those requirements?

Their responses, if any, will be an addendum to this post.

May 6, 2014

(Still) Closed for Your Protection?

Filed under: Probable Cause — Bill @ 8:08 am

SubstationLong-time readers of OpenCdA may recognize the photo to the left.  It accompanied our April 21, 2009, post entitled Closed for Your Protection?.  It’s a photo of the City of Coeur d’Alene’s police substation that sits in City Park just behind the North Idaho Museum.

There was another photo, a more recent one, of Coeur d’Alene’s police substation in the news yesterday.  Taxpayers in Coeur d’Alene and Kootenai County who read the companion article from yesterday’s Spokesman-Review headlined WSU to look into CdA peeing complaint and today’s Coeur d’Alene Press article headlined Drinking and disturbing will observe in yesterday’s photo that the police substation was still closed for your protection.

Given the theme of yesterday’s photo, it’s ironic that in April 2008 we ran a five-part series of posts entitled Toilet Not Included. There were other companion posts as well, and all had the same theme:  This alleged public safety building in the park was a gigantic boondoggle, a waste of money intended to allow the City of Coeur d’Alene to put public money in the pockets of some of its favorite contractors.  (more…)

May 4, 2014

CYA in CdA

Filed under: Probable Cause — Bill @ 7:45 pm

WriteToldOur OpenCdA post dated April 25, 2014, and titled Deception by Omission?, was based on our assumption that both the Coeur d’Alene Press editorial writers and the Trustees of School District 271 understood the Idaho Open Meeting Law codified at Idaho Code §§ 67-2340 through 67-2347 and summarized conveniently in Q&A format by the Idaho Attorney General in the Idaho Open Meeting Law Manual, November 2011.  We made our assumption based on the content of the Coeur d’Alene Press’s editorial on Friday, April 25, 2014, headlined Open eyes – and meetings.

To OpenCdA, it appeared the Press editorial was a thinly-veiled directive to Kootenai County Prosecuting Attorney Barry McHugh to dismiss school district patron/watchdog Mary Jo Finney’s allegation that a quorum of three School District 271 Trustees (Hearn, Hazel, Eubanks) violated the Idaho Open Meeting Law when they, along with the District’s Superintendent Matthew Handelman and Communications Director Laura Rumpler, attended the Idaho School Board Association Day on the Hill in Boise on February 24 and 25, 2014.

The Press editorial included this very direct statement:  “The fact that the district legally posted notice of a meeting in Boise that was central to Finney’s complaint weakened her argument, if it didn’t kill it altogether.” [emphasis ours] The editorial suggested that apparent compliance with the “notice” requirement of Idaho Code § 67-2343 automatically made the meeting entirely legal even if there were other factors making it illegal.

Our curiosity piqued, we submitted a public records request to the School District for a copy of the meeting notice and a copy of the written minutes which Idaho Code § 67-2344 requires be kept at such a meeting.  The two-page response we received from Clerk of the Board Lynn Towne was confusing.  (more…)

April 27, 2014

Revisiting an Old Idea

Filed under: Probable Cause — Bill @ 9:39 am

jail_cell copy

This morning’s The Spokesman-Review published in Spokane, Washington, had an article authored by Mike Prager and headlined “Spokane County Jail is overcrowded and falling apart.”  The headline accurately states the problem.  The overcrowding precedes the falling apart by over a decade.

In early 2006, The Spokesman-Review’s op-ed editor Doug Floyd contacted me and requested that I prepare an op-ed piece for the newspaper.  My response was headlined “Bi-state effort answer to jail overcrowding” which ran in The Spokesman-Review on March 2, 2006.  It seems to me to be an idea worth reconsidering.  I would go even further now and suggest that Washington and Idaho jointly consider acquiring enough land to not only meet the needs outlined in my original op-ed piece, but establish a regional public safety training facility which would provide bi-state certification for public safety officers in both Washington and Idaho.

When my op-ed first ran in 2006, the response from then Kootenai County Undersheriff Tad Leach was to ask what the County would do with the existing facility on Government Way in Coeur d’Alene.  He observed there isn’t much of a market for old jails.  My response was quite simple.  With some modification to parts of each structure, both Spokane and Kootenai Counties could use their respective jail facilities for intake, medical holding, psychiatric holding, and release processing.   Both Spokane and Kootenai County jails are reasonably close to hospital facilities.

Yes, even I recognized then and now that the turf politics associated with such a bi-state facility would be daunting.   But in the end, it would address the seemingly never ending plea for more jail space while also improving the professionalism of the public safety officers in this region.  It’s an idea that should be revisited.

April 25, 2014

Deception by Omission?

Filed under: Probable Cause — Tags: — Bill @ 8:17 am

WriteToldThis morning’s Coeur d’Alene Press editorial entitled Open eyes – and meetings strives desperately to discredit local education watchdog Mary Jo Finney’s complaint that the Board of Trustees of School District 271 engaged in an unlawful meeting while a quorum of their members were in Boise.

The Press editorial includes this statement:  “The fact that the district legally posted notice of a meeting in Boise that was central to Finney’s complaint weakened her argument, if it didn’t kill it altogether.”

Oh, really?

For the record, Google Maps’ most direct route from Coeur d’Alene to Boise shows that the driving distance is approximately 378 miles with a drive time of approximately 6 hours 59 minutes.

OpenCdA will assume the Press is accurately reporting that “…the district legally posted notice of a meeting in Boise…”.   We will take that as an accurate admission, even by the Press, that a meeting not only took place but that the meeting was also  scheduled in advance.   To take that one step further, if the School District did post the stautorily-required notice of the Boise meeting, then it was acknowledging  that the meeting in Boise was in fact, a meeting required by law to be noticed.  Idaho Code §67-2341(6) defines such a meeting as “… the convening of a governing body of a public agency to make a decision or to deliberate toward a decision on any matter.”  Thus, the only reason to properly notice the meeting was because the quorum of the School District Board of Trustees attending the meeting intended in advance to deliberate toward a decision and possibly make one.  So instead of successfully discrediting Finney’s assertion that the alleged meeting took place illegally, the Coeur d’Alene Press has in fact admitted and established that it did.  (more…)

April 21, 2014

Update: Federal Lawsuit Challenges Idaho’s “Interference With Agricultural Production” Law

Filed under: Probable Cause — Bill @ 11:28 am

AgGagPic[

[A lawsuit filed March 16, 2014, in Idaho Federal District Court challenges the constitutionality of Idaho’s newly-passed Interference with Agricultural Production law.  The law is better known in Idaho by its informal nickname, the “ag gag law”.

A news summary of the lawsuit appeared in an online IdahoReporter.com article by Austin Hill dated April 18, 2014, entitled Idaho farm protection bill faces legal scrutiny.

The formal complaint, filed in the federal district court under case number 1:14-cv-00104- BLW, is titled “Animal Legal Defense Fund et al v. Otter et al“.  Here is a link to the 52-page complaint(more…)

April 20, 2014

DBSI in Dollars

Filed under: Probable Cause — Tags: — Bill @ 3:42 pm

DBSI$ copyOpenCdA’s previous posts about the DBSI securities fraud trial in Idaho’s Federal District Court have focused on the criminal trial.

Of course, a portion of that trial revealed the dollar losses suffered by those caught up in the scheme.  It  is difficult for most of us to grasp the magnitude of those dollar losses.  The aggregate approximations sometimes used, “millions if not billions of dollars,” doesn’t begin to help us appreciate the pain and suffering incurred by DBSI’s creditors.  For a small creditor, the loss of just a few thousand dollars may mean the loss of a business or the ability to retire.

Thanks to OpenCdA reader “Stebbijo” we can begin to personalize the losses and maybe to better appreciate not just their dollar value but their emotional impact as well.  “Stebbijo” provided us with this List of Creditors filed in the Federal Bankruptcy Court in Delaware.  You will note that there are 1,791 pages, and there are 20 or more creditors listed on each page.  The actual list of creditors is only 895 pages, but there are two lists:  one is sorted in ascending alpha on the creditor’s name, and the other is sorted in ascending numeric by claim number.  In addition to identifying the creditors, the column headed “Claim Amount” often but not always lists the dollar amount of each claim.  For those interested in looking at the various bankruptcy filings in re DBSI Inc., et al, The case number is 1:08-BK-12687.

OpenCda has quickly scanned about 500 pages looking for creditors who listed their address in northern Idaho.  We have found at least 10 in northern Idaho.   We do not believe that is the entire number, however, since some of the claims were likely filed through attorneys with addresses not in northern Idaho.  For example, a creditor identified as “Call Ctr Coeur DAlene Ironwood Tenants in Common” used a law firm in Eagle, Idaho, and filed claims in excess of $1,066,400.91.

Careful readers will note we have avoided referring to the creditors as “victims,” because some of the creditors listed in the List of Creditors include criminal defendants Swenson and Ellsion.  The creditors may be investors, but they may also be businesses who provided goods and services to acquire, build, or operate the various DBSI enterprises.

April 16, 2014

An Opportunity for OpenCdA Readers to Ask Questions

Filed under: Probable Cause — Tags: — Bill @ 2:23 pm

DBSIEarlier today OpenCdA had a new registrant with the username “mkjcrich”.  Shortly thereafter, “mkjcrich” attached this comment to our post titled DBSI Update (Subtitle:  Manipulating Audits):

I was foreperson on this jury and after being discharged found this website. The webhost has done an amazing job offering information and insight into the case. It was a very complex case and the jury took its time dealing with each defendant on each issue. Judge Winmill informed us about Agent Morse’s suicide/death yesterday after we were released. Some of the jurors knew but most did not and a few took the information very hard. If there are any questions that I have the answers to….feel free to ask.

Comment by mkjcrich — April 16, 2014 @ 12:51 pm”

First to “mkjcrich”:  Thank you for your jury service. I hope that it was a satisfying and rewarding experience for you and your fellow jurors.  Thank you also for your nice compliment.

I think as a starter, it would be informative to OpenCdA readers to hear your overall comments and impressions about your jury service in a very serious and complex federal criminal trial.   How would you characterize your overall experience with the federal criminal justice system?  What expectations did you have going into the trial as far as your service was concerned?  How would you characterize the overall performance of your fellow jurors?  If since your release from jury duty you have read or heard news reports of the trial, how would you compare the accuracy and completeness of the news reporting with what you observed as a sitting juror?  Given that this appeared to us to be a complex financial crimes case, how would you characterize the ability of the government to present the admitted evidence in a logical, understandable fashion?  Overall, what most surprised you, what most pleased you, and what most disappointed you about your service as foreperson in a federal criminal jury trial?

Additionally, if as it appeared to us DBSI’s principals started up intending to operate lawfully as a legitimate business but devolved into criminal conduct, what lessons can communities and individuals learn from the admitted evidence to help us identify and avoid becoming victims of companies like DBSI?

Boss Hog to the Pen …

Filed under: Probable Cause — Tags: — Bill @ 10:59 am

rizzoAccording to Angela Spaccia, Robert Rizzo’s cohort in the Bell corruption scandal, Rizzo had a saying:

“Pigs get Fat … Hogs get slaughtered!!! So long as we’re not Hogs … all is well!!”

Today, California Superior Court Judge Kathleen Kennedy told Hog Rizzo that all was not well.  She sentenced him to serve 12 years in state prison for his part in the Bell corruption scandal.  He will be allowed to serve the state’s sentence concurrently with his 33-month federal sentence on tax-related charges.

The details of today’s sentencing are in LA Times reporter Jeff Gottlieb’s online story headlined Rizzo gets 12 years in prison, marking end to scandal that rocked Bell.

While Rizzo’s sentencing on federal and state charges and Angela Spaccia’s sentencing on state charges do appear to end the state action, there remains the possibility of federal charges against Angela Spaccia.  As OpenCdA has noted in several earlier posts, Angela (Sheffield) Spaccia served as Kootenai County, Idaho’s Finance Director prior to going to Bell.

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