Garden Valley Man Pleads Guilty to Child Pornography Charges

SACRAMENTO, CA—United States Attorney Benjamin B. Wagner announced today that Charles Johnson, 47, of Garden Valley in El Dorado County, pleaded guilty on Tuesday, September 21, 2010 before United States District Judge Edward Garcia to receipt of child pornography.

According to court documents, images of child pornography were found on Johnson’s work laptop after he was terminated for allegedly stealing trade secrets. The computer was returned to the company on July 27, 2007 and the company sent it to a private forensic lab to see if any company trade secrets had been stored improperly on the computer.

During this analysis, the forensic analyst found evidence of child pornography. A forensic review of the laptop showed that a new operating system had been installed on July 21, 2007, with a registered owner of “CJ.” The computer forensic examiner was able to recover earlier file systems, 2,100 of which were images of child pornography, which had been downloaded onto the computer between September 27, 2005 and June 18, 2007. In addition, 80 videos of child pornography were recovered. Web files on the computer showed that Johnson knowingly accessed and utilized numerous pay sites to build his child pornography collection.

Johnson is scheduled to be sentenced on January 21, 2011 at 10:00 a.m. He faces a maximum penalty of twenty years in prison. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

Federal Jury Convicts Sacramento Pimp of Prostituting Underage Females

United States Attorney Benjamin B. Wagner announced that Deandre Lornell Brown, 25, of Sacramento, was convicted today of five counts of conspiracy, sex trafficking of children and using force, fraud, or coercion, and participating in a venture that engaged in sex trafficking of children. The guilty verdict was returned by a federal court jury in Sacramento after a five-day trial before United States District Judge Frank C. Damrell Jr.

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Lodi Man Convicted of Distributing and Possessing Child Pornography

SACRAMENTO, CA—United States Attorney Benjamin B. Wagner announced today that on Thursday, September 16, 2010, Duke Nottingham, 60, of Lodi, was convicted of distributing and possessing images of child pornography. A federal court jury in Sacramento returned the guilty verdict after a four-day trial before United States District Judge John A. Mendez.

According to testimony presented at trial, Nottingham, using an online file-sharing program, distributed images of minors being sexually exploited. Federal agents testified that in July 2009, Nottingham made more than 500 images and 200 videos available for an undercover agent to download from his computer, and that when they seized Nottingham’s computer in October 2009, they found that Nottingham possessed more than 1,400 images of minors being sexually exploited.

This case is the product of an extensive investigation by the Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorneys Carolyn K. Delaney and Dominique N. Thomas.

Nottingham was remanded into federal custody after the verdict was returned and is scheduled to be sentenced by Judge Mendez on December 14, 2010 at 9:30 a.m. The maximum statutory penalty for distributing child pornography is 20 years in federal prison, a fine of $250,000 and a lifetime term of supervised release; the maximum statutory penalty for possessing child pornography is 10 years in federal prison, a fine of $250,000, and a lifetime term of supervised release. The sentence the defendant will receive, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

Sacramento DA Dismisses 79 Cases Following Officer Misconduct

In an unprecedented move, Sacramento County District Attorney Jan Scully announced this morning the dismissal of 79 cases over a three year period where a former Sacramento Police Department officer was the primary witness.

The dismissal of the cases are the result of an investigation that revealed Sacramento Police Department Officer Brandon Mullock submitted written reports that did not match video captured on his patrol in-car camera. 76 of the cases are DUI’s and the other six include minor drug offences, petty theft and domestic violence.

During the news conference Scully said the investigation started after a defense attorney found inconsistencies between written reports Mullock produced and video in DUI case. “That triggered the question ‘Is that the only case where Mullock blew it,’” Scully said.

Following an investigation of over 200 cases where Mullock was involved, it was found there were 79 cases with significant inconsistencies. “Ethically we could not proceed with these cases,” Scully said.

Scully noted that while she believed many of the DUI convictions were legitimate, the officers credibility was compromised to the point where a jury would not likely find for the prosecution. “Our goal is just not to seek conviction,” she added.

When asked about potential criminal prosecution of Mullock, Scully declined comment saying there is an on-going investigation bein conducted by the Sacramento Police Department.

All 73 cases will be formally dismissed at 1:30 this afternoon in Department 9. the other six have already be dismissed.

While Scully condemned Mullock’s actions calling him an “aberration,” she noted most officers’ serve with honor and integrity. “Every once in while there is a bad apple,” she concluded.

Elk Grove Police to Run DUI Checkpoint Friday Night

The Elk Grove Police Department will be conducting a Sobriety/Drivers License checkpoint on September 17, 2010 from 8:00 p.m. to 3:00 a.m. In an effort to reduce the number of persons killed and injured in alcohol involved crashes, sobriety checkpoints are conducted to identify offenders and get them off the street, as well as educate the public on the dangers of impaired driving.

Traffic volume and weather permitting, all vehicles may be checked and drivers who are under the influence of alcohol and/or drugs will be arrested.

Funding for the sobriety checkpoint is provided through a Selective Traffic Enforcement Program (STEP) Grant that was made available by the California Office of Traffic Safety through the National Highway Traffic Safety Administration.

Bera 'Spikes' Lungren in new TV ad

In the heated race for California's 3rd Congresssional District, Dr. Ami Bera's campaign has released its first TV ad in the race against incumbent Republican Dan Lungren.

Democratic candidate Bera is using Lungren's long elected poltical career and the current anti-public pension mood as a weapon against the career politician. 

  

Elk Grove Mayor Sophia Scherman and Councilman Pat Hume Endorse Scott Jones

ELK GROVE – Today, Elk Grove Mayor Sophia Scherman was joined by fellow Councilman Pat Hume in announcing their support for Scott Jones for Sacramento County Sheriff.

“I am announcing my support for Scott Jones for Sheriff,” said Mayor Scherman. “Character matters, and I believe that Scott has the character and vision to lead in these tough times.”

Scherman is a founding member of the Elk Grove City Council and previously served as the President of the Elk Grove Chamber of Commerce. Scherman has also served as a president of the Elk Grove Community Service District Board and the California State Parks Commission.

In addition to Mayor Scherman, Elk Grove City Councilman Pat Hume also announced his support for Scott Jones.

“Scott Jones will expand the transparency and regional cooperation that was begun by current Sheriff McGinness,” said Hume. “He’s earned broad support across the county – that’s critical in creating a more regional approach to public safety that is vital to make Elk Grove and the county safer.”

Hume was elected to the Elk Grove City Council in 2006 and served as Mayor in 2009. Prior to serving on the Council, Pat Hume was a member of the Elk Grove Planning Commission.

“I am honored to have the support of Sophia Scherman and Pat Hume,” said Scott Jones. “We need to expand cooperation and improve working relationships across the county –that’s how we can get more efficiency and improve safety in an era of fewer resources.”

Despite Cooper serving on the City Council, Scott Jones has earned additional endorsements from Elk Grove leaders, including members of the Cosumnes Community Services District and former Elk Grove Police Chief Robert Simmons.

“Anyone who thinks Cooper’s campaign is going well is dreaming,” said campaign consultant Tab Berg. “Cooper can’t even get his own council to support him – that’s a demonstration of Cooper’s lack of leadership; and his inability to bring people together. His negative, divisive nature and political grandstanding has back-fired – that’s why we beat him in the primary and why Jones will beat him in November.”

Sacramento Man Pleads Guilty to Stealing From Casino ATMs

United States Attorney Benjamin B. Wagner announced today that Eduardo Ursua Fontillas, 51, of Sacramento, pleaded guilty last Friday before U.S. District Court Judge Garland E. Burrell Jr. to felony theft and embezzlement from a casino operated by an Indian Tribe.

This case is the product of an investigation by a task force involving the California Department of Justice Bureau of Gambling Control and the Federal Bureau of Investigation. Assistant United States Attorney Michelle Rodriguez is prosecuting the case.

According to court documents, Fontillas stole more than $125,000 in $1,000 to $1,500 increments from ATMs at the Red Hawk Casino, in Placerville, while servicing the ATMs. The loss was suffered by the Shingle Springs Band of Miwok Indian Tribe, the Indian Tribal Organization that owns and operates the Red Hawk Casino.

Fontillas’s girlfriend, Rosalina Due Bona, 43, of Sacramento, is also charged with receipt of stolen and embezzled money. Bona allegedly possessed for her own use between $50,000 and $60,000 in cash from the ATMs. Bona is scheduled for a court hearing on October 29, 2010 before Judge Burrell. The charges are only allegations and Bona is presumed innocent until and unless proven guilty beyond a reasonable doubt.

Fontillas is scheduled for sentencing on December 3, 2010. He faces up to five years in prison, to be followed by three years of supervised release, a $250,000 fine, and restitution. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory sentencing factors and the Federal Sentencing Guidelines, which take into account a number of variables.

Nuestra Familia Gang Member Pleads Guilty to Conspiring to Traffic Cocaine

SACRAMENTO, CA—United States Attorney Benjamin B. Wagner announced today that Bismark Martin Ocampo, 40, of San Francisco, pled guilty to conspiring to distribute cocaine. The plea agreement calls for a sentence of 28 years in federal prison. Sentencing is set for January 24, 2010.

This case is the product of an extensive investigation of the Nuestra Familia gang by the FBI’s Stockton Violent Crime Task Force, the San Joaquin County Metropolitan Narcotics Task Force, the Stockton Police Department, the Salinas Police Department, the Watsonville Police Department, the Monterey County Sheriff’s Department, and the California Department of Corrections and Rehabilitation.

Nuestra Family control Norteño's...

Final Defendant Sentenced for Role in Shaking Down Investors Connected to $40 Million Ponzi Fraud

SACRAMENTO, CA—United States Attorney Benjamin B. Wagner announced that today United States District Judge John A. Mendez sentenced Michael David Sanders, 43, of Fair Oaks, to two years' probation and 180 days of home confinement for his role in conspiring to impersonate an FBI agent. He pleaded guilty on February 19, 2010.

Previously sentenced were co-defendants Craig Anderson, 41, of Chicago; Sean Smartt, 42, of Sacramento; and Cassandra Moore, 27, of Beverly Hills, after pleading guilty. Anderson and Smartt were sentenced to two years’ probation and 180 days of home confinement, and Moore was sentenced to two years’ probation.

According to the plea agreements, in what was an attempt to recoup investor money lost in a Ponzi scheme carried out by federal defendant Anthony Vassallo, on March 8, 2009, Sanders, Anderson, Moore, and Smartt entered an office suite in Folsom, where a meeting was taking place with three hedge-fund operators and two others. The defendants entered dressed to give the impression of authority (bullet proof vests, ear pieces, fake credentials, hand cuffs, and badges). Sanders and Anderson announced they were with the FBI and the United States Security and Exchange Commission. In their guilty pleas the defendants admitted to creating an environment that was intimidating and causing the individuals to believe that they were not free to leave. Anderson told the hedge fund operators that they had until noon on Monday, March 9, 2009, to wire $378,300.16 to a Patelco Credit Union bank account in the name of the “Spirit Foundation” and to send an e-mail confirmation to an e-mail address they provided. No money was ever turned over to the defendants.

This case was the product of an investigation by the FBI and the IRS-Criminal Investigation. Assistant United States Attorney Robin R. Taylor prosecuted the case.

Sex Offenders Restrictions Tightened in Elk Grove

With little fanfare, the Elk Grove City Council unanimously approved an ordinance at last night’s regular meeting that tightens existing laws restricting the whereabouts of convicted sexual offenders.

The new ordinance came as a result of public outcry from alleged lewd acts perpetrated by residents at a group juvenile sex offender residence earlier this year on Cheer Court. Responding to the outcry, the city council along with the police department, city attorney, community groups and local residents crafted the ordinance.

Based on “Jessica’s Law,” the new ordinance says that sex offenders cannot be within 300 feet of youth sport facilities, day care facilities, playgrounds, schools and amusement centers. Passed in 2006, “Jessica’s Law” law limits sex offender from being with 2,000 feet of parks and schools.

Prior to the passing of the ordinance, the controversy erupted into an open battle between factions of the current city council that culminated in the council considering the removal of Sophia Scherman as Mayor. Council members Jim Cooper, Gary Davis and Steve Detrick were upset that Scherman had scheduled a meeting regarding the matter with the knowledge all three could not attend.

In the end, no action was taken on the matter and Scherman retained the mayoral title.

At last nights meeting Cheer Court resident Carrie Wilmont, who brought the matter to the council's attention,  thanked the city council and the police department for their quick response. “You should all be proud of yourselves,” a tearful Wilmot said.

Council member Gary Davis noted the collaborative efforts were the key to quickly passing the ordinance. “This is a good example of hot it is supposed to work,” Davis said.

Long-awaited Leary Trial Goes; To Start Tuesday in Sac Court

by Thom Nadeau
of Notable Trials

The Sacramento District Attorney and Michael Patrick Leary were in Superior Court Wednesday to confirm that Leary’s criminal trial will proceed Tuesday as planned.

The appearance is set for 8:45 a.m. in Dept. #9 where a judge will assign a courtroom to hear the matter of People v. Leary, #09F07685.

It may take a day or two to pick a jury and the trial itself could last three to four days, defense attorney William Portanova estimated.

Leary, a former Elk Grove City Council member and Sacramento County Sheriff’s Department lieutenant, is charged with four criminal counts arising from a real estate dispute with his former live-in girlfriend, Alyc Maselli.

Maselli and the district attorney allege that Leary bilked her out of her share of a $610,000 home at 3301 Marina Cove Circle, Elk Grove.

Leary has pleaded innocent to all charges. If convicted, he could face 12 years in state prison and a fine of up to $75,000. In the meantime, he remains free on bail.

Leary has separately filed a civil counter suit claiming Maselli and ring of women notary executives have joined together to defraud him through an improper title transfer.

He filed the suit in propria persona, that is to say, on his own lonesome, rather that through an attorney.

Portanova skirted comment on Leary’s civil suit, saying his law office was not involved in the matter. It is unclear what, if any, impact this civil suit might have on Leary’s criminal proceedings.

The civil suit – Leary v. North American Title Company, et al, case #34-2010-00085705, claims that Maselli along with Abby Patneaud, Catherine Picton and “Does 1 through 15” conspired through North American Title Company to defraud him of an unspecified amount in excess of $25,000.

Leary was in court Wednesday, but left without commenting to Elk Grove News.

Chico Film Producer Sentenced to Seven Years in Prison for Trading Child Pornography

United States Attorney Benjamin B. Wagner announced that yesterday United States District Judge John A. Mendez sentenced James Thomas Flocker, 70, of Chico, to seven years in prison to be followed by 10 years of supervised release for trading child pornography. On February 26, 2010, a jury found Flocker guilty of transporting child pornography, distributing child pornography, and possession of child pornography.

The evidence introduced at trial, including the testimony of FBI agents, a records custodian from Yahoo, and a computer forensic expert, showed that Flocker posed as a 19-year-old from Southern California and traded pictures with an 18-year-old man in South Carolina. After trading several photographs showing prepubescent boys engaged sexual acts, Flocker sent more pictures of minor boys, including a photograph of a 4-year-old boy in Texas whose picture was taken by his uncle, a man later convicted of molesting the young boy.

The trial evidence also showed that in July 2004, Flocker uploaded to a Yahoo group four pictures of nude teenage boys, making them available to all of the members of the group to add to their collection of child pornography or to distribute them to other collectors. One of the pictures was of a young man from Kentucky who was molested by a foster care provider between the ages of 12 and 14. Images of this boy, along with nearly two dozen additional images of child pornography were found on Flocker’s computer following a search of his DVD production business on October 27, 2004.

In sentencing, Judge Mendez said that the defendant’s involvement in child pornography was “serious as it represent[ed] an ongoing harm to the minor children who were used in [the images possessed and traded by the defendant.]”

This case is the product of an extensive investigation by the FBI’s Chico Safe Streets Task Force. Members of the Task Force who participated in this case included Special Agents from the FBI as well as members of the California State University, Chico Police Department. Assistant United States Attorneys Camil A. Skipper and Kyle Reardon prosecuted the case.

Final Defendant Sentenced for Role in Shaking Down Investors Connected to $40 Million Ponzi Fraud

United States Attorney Benjamin B. Wagner announced that today United States District Judge John A. Mendez sentenced Michael David Sanders, 43, of Fair Oaks, to two years' probation and 180 days of home confinement for his role in conspiring to impersonate an FBI agent. He pleaded guilty on February 19, 2010.

Previously sentenced were co-defendants Craig Anderson, 41, of Chicago; Sean Smartt, 42, of Sacramento; and Cassandra Moore, 27, of Beverly Hills, after pleading guilty. Anderson and Smartt were sentenced to two years’ probation and 180 days of home confinement, and Moore was sentenced to two years’ probation.

According to the plea agreements, in what was an attempt to recoup investor money lost in a Ponzi scheme carried out by federal defendant Anthony Vassallo, on March 8, 2009, Sanders, Anderson, Moore, and Smartt entered an office suite in Folsom, where a meeting was taking place with three hedge-fund operators and two others. The defendants entered dressed to give the impression of authority (bullet proof vests, ear pieces, fake credentials, hand cuffs, and badges). Sanders and Anderson announced they were with the FBI and the United States Security and Exchange Commission. In their guilty pleas the defendants admitted to creating an environment that was intimidating and causing the individuals to believe that they were not free to leave. Anderson told the hedge fund operators that they had until noon on Monday, March 9, 2009, to wire $378,300.16 to a Patelco Credit Union bank account in the name of the “Spirit Foundation” and to send an e-mail confirmation to an e-mail address they provided. No money was ever turned over to the defendants.

This case was the product of an investigation by the FBI and the IRS-Criminal Investigation. Assistant United States Attorney Robin R. Taylor prosecuted the case.

Homicide on Florin Road

Crowd of 50 to 70 people; no witnesses coming forth

On September 4, 2010, at 2:26 a.m., Sacramento County Sheriff’s deputies responded to the corner of Palmer House Drive and Blackhawk Drive regarding a shooting which had just occurred.

When deputies arrived they located two 26-year-old females in a gold sedan. The driver had suffered a gunshot wound to her upper body.

The passenger was uninjured. Fire department paramedics arrived a short time later and pronounced the driver dead at the scene.

Deputies learned the passenger and the victim had been at the Fastrip gas station at the corner of Florin Road and Power Inn Road together with a crowd of 50-70 people. The victim and the passenger were sitting in their car, which had been parked on Florin Road, when three to seven gunshots were fired by someone in the crowd, for an unknown reason.

The victim was struck by the gunfire and drove from the scene to where the vehicle was found. The crowd had dispersed from the gas station when deputies arrived, minutes later. Deputies were able to detain five subjects, none of whom are believed to be suspects in the shooting.

Sheriff’s Homicide investigators have not established a motive for this murder and it is unclear whether the victim was the intended target.

Anyone with information regarding this shooting is urged to call Sheriff’s Homicide detectives at (916) 874-5115, or Crime Alert at (916) 443-HELP. Tipsters may also send a text message tip by texting to 274637 (CRIMES) then enter SACTIP followed by the tip information. Callers can remain anonymous and may be eligible for a reward of up to $1,000.

Church Deacon sentenced 30 years to life for molestation

District Attorney Jan Scully announced today that Robert Cowan was sentenced by the Honorable Judge Del Oros to 30 years to life.

On July 22, 2010, a jury found Cowan guilty on 5 counts of lewd or lascivious acts with a child under 14 and the multiple victim enhancement to be true.

Cowan was a deacon in a large Baptist Church in Cool, CA. The victims are sisters, one seven years old and the other ten years old. Cowan would drive to Sacramento County and visit the victims at their home for Bible study every Thursday night.

The day the offense occurred, the victims were playing with Cowan in the living room while their parents and siblings were occupied in other areas of the house. Cowan put his hand down the pants of both girls and rubbed them on their buttocks. Cowan also fondled the ten year old victim, who reported the molestations to her parents within 24 hours.

Deputy District Attorney Kari Reeve states, “This case is particularly disturbing given the abuse of trust, power and position by a religious leader,” Deputy District Attoreny Kari Reeve said. “Today’s sentence is justice served for the crimes committed by the offender and for the two young victims.”

Gibson Ranch To Close on September 6 For Rest of Season

Sac Regional Parks Signs Agreement with Grace Foundation for Temporary Equestrian Services at Gibson Ranch

As part of its cost cutting moves, Sacramento County has entered into an agreement with the Grace Foundation to provide temporary horse boarding management to begin September 1 for equestrian services at Gibson Ranch Park. The park will also be closed effective September 6.

The Grace Foundation, an equine rescue and rehabilitation facility located in El Dorado Hills, agreed to manage the program after the former concessionaire terminated its contract with the County. The agreement with the Grace Foundation is short term, conditioned to last for six months.

Sacramento County has released a request for proposals seeking an operator who can manage the entire Gibson Ranch which includes 350 acres of parkland, the horse boarding facility, a nature preserve and picnic areas.

Sacramento County Airport System Closes Big Build Bond Sale

$128.3 Million Bond Sale Completes Sacramento International Airport
Terminal Program Financing

On August 25, 2010 the Sacramento County Airport System closed the sale of $128.3 million in tax exempt Series 2010 Senior Revenue Bonds. The sale secured the final portion of debt financing anticipated to be needed to complete the Big Build at Sacramento International Airport.

Co-Senior underwriters Morgan Stanley and JP Morgan managed the sale of the bonds offering maturities ranging from 2012 to 2040 at an average interest rate of 4.8%. Due to the favorable interest rates and the ability to sell the bonds as exempt from the Alternative Minimum Tax, the final debt service on the bonds will be $400,000 - $500,000 less per year than projected.

The bond sale was popular with both retail and institutional investors. Roughly three times more orders were received than could be filled during pricing.

“This last bond sale provides remaining capital needed to fund the Big Build construction program,” said Roger Dickinson, Chair of the Sacramento County Board of Supervisors. “The revenue bonds associated with the Big Build enable investors to see their investment develop and mature as both a tangible facility and financial gain.”

Senior and subordinate lien bonds totaling $945,105,000 have been sold to support the $1.1 billion Big Build construction program. Previous bonds sold to support the Big Build were sold at average rates of 5.8% and 5.4%.

Sacramento International Airport was the 37th busiest North American Airport during the year ended June 30, 2009 with approximately 9.2 million passengers.

Proposed Elk Grove Sex Offenders' Ordinance to be Heard Next Week

Below is the text of the proposed ordinance to be heard at next week's Elk Grove City Council meeting.

PREPARED BY: Susan Cochran, City Attorney; Robert Lehner, Chief of Police

RECOMMENDED ACTION

Staff recommends the City Council of the City of Elk Grove introduce and waive the full reading, by substitution of title only, an Ordinance of the City Council of the City of Elk Grove amending chapter 9.20 of the Elk Grove Municipal Code, “Sex Offenders’ Proximity to Children’s Facilities.”

BACKGROUND INFORMATION
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