Following the lead of their law enforcement brothers, Cal Fire has taken the path of asset seizure to fatten up its bottom line. How is this accomplished if Cal Fire does not get involved in drug raids and marijuana busts? Lets take a look at a recent case involving some shady Sacramento tactics.
A few years ago, a forest fire(called the Moonlight Fire) in California's foothills burned through 65,000 acres of brush and timber. Cal Fire responded and controlled and extinguished the blaze. Investigators later assigned blame to the company Sierra Pacific, who, they claimed, started the blaze by having a company bulldozer hit a rock causing a spark which led to the conflagration. The dozer operator, Cal Fire claimed, admitted as much during the investigation.
The resulting legal complaints against Sierra Pacific and nearby landowners asked for $1 billion in federal court. Not wishing an open ended court fight, Sierra Pacific settled the suit for $55 million and deeded 22,500 cares of their private property to the U.S. government.
But the state case continued and revealed a tapestry of fraud and corruption that company lawyers are seeking legal redress by having the federal settlement overturned. Apparently, during the investigation, evidence uncovered was hidden from defendants or worse, altered. Robert Wright, a leading investigative fire authority, discovered that prosecutors withheld material information, including a change in the fire's stated point of origin!!!!!!!!!!
However, Mr. Wright's boss, civil chief Robert Shelledy, removed Mr. Wright from the Moonlight Fire team. In 2011, a second prosecutor, Eric Overby, joined the case. He then promptly removed himself after discovering what he called "prosecutorial ABUSE". He told defense counsel that in' my entire career' , he had never seen anything like this. Never.
In February, 2014, State judge Leslie Nichols assailed the federal and state government for abuses of discovery so " reprehensible" and "egregious" that they threaten the integrity of the judicial process. He threw out the case and awarded Sierra Pacific $30 million in sanctions against Cal Fire.
A new judge, William Shubb, will hear the next phase of the case against Cal Fire.
One wonders if newly re-elected Gov. Jerry Brown will clean up this pile of dog poop in Sacramento. Maybe one party politics isn't as good as it appears. Maybe Jerry "The Jesuit" Brown will have some moral backbone and fire a few miscreants. Maybe not.
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