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This morning (Oct. 15), Superior Court Judge John S. Meyer will give his final judgment on the City of San Diego's attempt to have the Kessler vs. City of San Diego case thrown out. Yesterday in a tentative ruling, the judge denied the City's bid and said the case should go forward. Scott Kessler says he was fired by the City for cooperating with the Federal Bureau of Investigation and the San Diego Police in its investigation of possible corruption of Little Italy mover and shaker Marco Li Mandri and Paul (Joe) Mannino, a convicted felon. The Reader has previously reported that the Drug Enforcement Administration in New York City traced Quaalude sales to a Paul Mannino and found boxes of the drugs in his car. He was indicted in 1980 and convicted of violation of federal drug, firearms, and racketeering laws. He went to prison and after getting out, met Li Mandri around 2000.

There is more to this case than meets the eye. Under the Freedom of Information Act, civic activist Mel Shapiro requested more facts on the case from the FBI. He got very little, but what he did get was eye-opening. On the FBI report, the initials used in the title are OC/DI. Former FBI officials tell me that means "organized crime/drug investigation." Below are these initials: "LCN - Genovese." An FBI agent told Shapiro, and former FBI agents told me, that this means that the investigation focused on La Cosa Nostra, or Mafia, and the Genovese family, one of the five major organized crime families in New York City, rivaled in power only by the Gambino family and the Chicago outfit.

The FBI report goes on to state that the investigation was by the bureau and San Diego police, but the San Diego district attorney "declined prosecution of the above-captioned case." The Reader has reported several times that District Attorney Bonnie Dumanis did not pursue the case, even though it was exhaustively researched by the FBI and a San Diego police detective.

I will report on the judge's decision as soon as I hear the outcome.

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Comments

SanDiegoParrothead Oct. 15, 2010 @ 12:53 p.m.

District Attorney Bonnie Dumanis sucks. It's time for her to go.

She also didn't persue charges against that idiot illegal that killed the girl at City College.

http://www.10news.com/news/25376790/detail.html

Hey Bonnie; Go back to wherever the hell you came from

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a2zresource Oct. 15, 2010 @ 1:52 p.m.

"Plaintiff has presented evidence that he was terminated because the Mayor's office lacked trust in him. (See Plaintiff's Notice of Lodgment ("PNOL"), Exhibit 5, page 21:14-19.) Further, the evidence suggests Mayor's office stated it lacked trust in Plaintiff before the budget issues arose, by at least two months. (See PNOL, Exhibit 5, pages 21:25-22:10, 44:1-12, and 45:1-6.) Beth Murray, Plaintiff's replacement, also testified that Deputy Chief Anderson, COO Goldstone, and the Mayor were angry with Plaintiff for giving the SDPD/FBI report to the Ethics Commission. (PNOL, Exhibit 5, pages 72:3-74:8.) There is evidence that the Mayor's office became concerned it would be dragged into the investigation. (PNOL, Exhibit 5, page 69:17-70:15; and Exhibit 8, page 19-22.) Additionally, Plaintiff has presented evidence that the Mayor was a support of Marco LiMandri, and that Marco LiMandri was a financial supporter of the Mayor. (PNOL, Exhibit 8, pages 35:18-37:14.) Finally, there is evidence that Defendant's employees told Plaintiff to stop cooperating with the SDPD and FBI. (PNOL, Exhibit 8, pages 15:17-32:6.)"

"All of this evidence creates a triable issue of material fact regarding whether Plaintiff's decision to provide the SDPD/FBI report discussing potential conflicts of interest in City business factored into the City's decision to terminate Plaintiff."

[From last night's tentative ruling denying Defendant's MSJ]

Imagine that. Fact IS stranger than fiction in Enron by the Sea, with hints of OC/DI and LCN involvement and confirmation of FBI investigators being ankle-tackled by our own DA... and all right before hiz honor's sales tax proposal comes to a public vote.

The real question: Are all of us voters paying any attention before we agree that we'll pay the increased sales tax to cover legal costs stemming from what appears to have been a mayoral conniption fit at City Hall?

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SurfPuppy619 Oct. 15, 2010 @ 2:18 p.m.

Are all of us voters paying any attention before we agree that we'll pay the increased sales tax to cover legal costs stemming from what appears to have been a mayoral conniption fit at City Hall?

Come on, you don't really think Sanders (or any other gov employee) would ever be held accountable for their civil and possibly criminal wrongs do you?????

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Don Bauder Oct. 15, 2010 @ 2:21 p.m.

NOTE: Judge Meyer's decision on the City's bid to have the case thrown out was not finalized today, as expected. Scott Kessler's attorney was given a week to amend his response to the City's summary judgment motion. The City then said it wants to take more discovery. Best, Don Bauder

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Don Bauder Oct. 15, 2010 @ 2:23 p.m.

Response to post #1: It's not easy to oust someone who runs for office unopposed. Best, Don Bauder

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Don Bauder Oct. 15, 2010 @ 2:27 p.m.

Response to post #2: There is very, very compelling evidence in the case. But as you can see from the LCN-Genovese angle, the City has very compelling reasons to bury this matter. I think what happened today in court is a bad omen, but I hope I am wrong. Best, Don Bauder

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Don Bauder Oct. 15, 2010 @ 2:28 p.m.

Response to post #3: You keep forgetting that this is San Diego, SurfPup. Best, Don Bauder

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a2zresource Oct. 15, 2010 @ 2:30 p.m.

RE #4:

There could be sanctions if Defendant City of San Diego is merely seeking additional discovery as a delaying tactic. This may be shown in a lack of new material evidence turned up in further discovery efforts by Defendant. Of course, we'd get stuck for that tab too...

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SurfPuppy619 Oct. 15, 2010 @ 2:56 p.m.

Of course, we'd get stuck for that tab too...

It is easy to spend when it is OPM-other peoples money.

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Don Bauder Oct. 15, 2010 @ 3:42 p.m.

Response to post #8: The sanctions would come eight months after the election or so. The strategy is to delay this until after that election. Best, Don Bauder

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Don Bauder Oct. 15, 2010 @ 3:43 p.m.

Response to post #9: By stalling it off until after the election, and getting Prop. D passed, the City would have more money to cough up for sanctions. Best, Don Bauder

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Founder Oct. 15, 2010 @ 4:37 p.m.

Reply #8 At this stage, "sanctions" are the least of the City's worries!

Reply #9 I think they do not think of it as OPM at all but as "MTHTY" (Money They Haven't Taken Yet)

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Founder Oct. 15, 2010 @ 5:58 p.m.

Reply #11

  • D for Delay -*

Prop D is for Delay That is what you all say

I think all of you are right This case is really a fright

Putting this Big Case off until after the election Will make some of them as happy as an erection

Now the legal wheeling and dealing will start Something in San Diego smells like a fart

Who knows what's happening behind closed doors Hopefully they're not hiring any whores

They now have more time to look for loopholes But they are now really afraid of moles

Who knows what each of them will do And who will be the next to sue

By putting off the Big Case until just after the vote They'll have longer to decide who will be their escape goat

I bet they all are calling in every favor Looking for some eleventh hour Big Case saver

In the end I guess it will just all come down to money But the voters will not find the large settlement funny

from http://www.sandiegoreader.com/weblogs/np-star/2010/aug/26/rhyme-a-day/#c74741

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Don Bauder Oct. 15, 2010 @ 10:24 p.m.

Response to post #12: There sure isn't enough money to go around -- that is, for proper government uses such as maintenance, infrastructure, libraries, police and fire protection. But there is plenty of money for the Chargers, according to the establishment. The thoroughly corrupt, last-minute CCDC deal with the legislature should be the biggest topic in San Diego for some time. Best, Don Bauder

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Don Bauder Oct. 15, 2010 @ 10:27 p.m.

Response to post #13: Is an erection happy? Or are those who have an erection happy? The poem is a charming one. Best, Don Bauder

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Russ Lewis Oct. 16, 2010 @ 12:13 a.m.

You have heard of "Mr. Happy," right, Don?

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David Dodd Oct. 16, 2010 @ 2:01 a.m.

At this point in my life, I prefer "Mr. Hoppy" to "Mr. Happy"...

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Don Bauder Oct. 16, 2010 @ 7:21 a.m.

Response to post #16: I can't say I have heard of Mr. Happy. Best, Don Bauder

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Don Bauder Oct. 16, 2010 @ 7:24 a.m.

Response to post #17: I only hear the word "hoppy" in one context. Both our sons and many of our friends are beer fanciers. I have frequently heard a particular brand called "too hoppy." Best, Don Bader

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a2zresource Oct. 16, 2010 @ 9:58 a.m.

RE "By stalling it off until after the election, and getting Prop. D passed, the City would have more money to cough up for sanctions.":

Oh my... and all this time I was abelievin' them thar council folk and hiz honor that there was actual needful stuff like red shining fire engines with crews of four each that Prop. D was really supposed to pay for...

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realnews Oct. 16, 2010 @ 12:56 p.m.

The issue with Dumanis is she seems to hate straight women. Which translates into a Cynthia Sommer's prosecution on no evidence and increasingly, a lot of dead women.

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SurfPuppy619 Oct. 16, 2010 @ 1:22 p.m.

I think russl and Jay Allen have heard of "Mr Happy".

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David Dodd Oct. 16, 2010 @ 2:46 p.m.

Re #19: For my taste buds, there is no such thing as "too hoppy". I love hoppy.

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nan shartel Oct. 16, 2010 @ 3:49 p.m.

pour that "hoppy" into some German sausages and let's eat something other then Italian for a change

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msfreeh Oct. 16, 2010 @ 5:58 p.m.

Looks like another pr piece for the FBI. There is a well documented history of FBI agents collaborating with the Mafia in the assassination of political activists. The martin Luther King assassination come to mind see Boston and New York had FBI agents who were responsible for the deaths of over 120 innocent people killed by their collaboration with the Mafia. Congress held hearings in Boston a couple of years ago and issued a report called Congressional Reports: H. Rpt. 108-414– Everything Secret Degenerates: The FBI'S Use of Murderers as Informants Vols. 1 & 2 see http://www.gpoaccess.gov/serialset/creports/everything-secret.html A Memphis jury determined in 1999 that FBI agents had murdered Martin Luther King with the help of the Mafia see ctka.net/pr500-king.html

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a2zresource Oct. 16, 2010 @ 7:19 p.m.

RE "Looks like another pr piece for the FBI. There is a well documented history of FBI agents collaborating with the Mafia in the assassination of political activists...":

I don't see the connection between KESSLER v. CITY OF SAN DIEGO and the federal COMMITTEE ON GOVERNMENT REFORM REPORT of February 2004. So far in the local matter, no bullet-riddled corpses have shown up... yet.

With the related FOIA request leading to FBI releasing some documents relating to the KESSLER matter, there is a tangential reference to other investigations as previously blogged, but things in this local matter are twisted enough before introducing new things that most likely won't show any involvement of City of San Diego employees or anyone else deposed under oath in the KESSLER matter.

Or maybe the City of San Diego needs more time to take discovery in order to prove me wrong here?

In any case, there appears to be enough evidence to have a whistle-blower trial on wrongful termination. Right now, there's plenty to digest already on how that plays out in the weeks ahead...

*** Something entirely different:

Scuttlebutt sez many relatively highly-placed City employees are totally in the dark about any of this (an internal news blackout in the tower of power) until they saw "A Family (Genovese) Affair?" and a copy of the tentative order. One employee recommended I distribute tentative order copies at 202 C Street. Not me (not without hazardous duty pay... ;)

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SurfPuppy619 Oct. 16, 2010 @ 8:04 p.m.

Looks like another pr piece for the FBI. There is a well documented history of FBI agents collaborating with the Mafia in the assassination of political activists. The martin Luther King assassination come to mind see Boston and New York had FBI agents who were responsible for the deaths of over 120 innocent people killed by their collaboration with the Mafia. Congress held hearings in Boston a couple of years ================== What happened with the Boston FBI office is one of the worst cases of gov misconduct I have ever seen.

FBI agents were paying off James "Whitey" Bulger, the head of the Boston MOB, as a public informant and giving Bulger all the information he needed to stay in power as the Don of the Boston MOB. Bulger then killed off numerous people.

Bulger is the #2 person on the FBI's "Most Wanted" list, and if not for 9-11 he would be #1 still-Bin Laden allowed him to drop down 1 spot.

Lets hope our local DA is nothing close to what those Boston FBI agents were.............

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Don Bauder Oct. 17, 2010 @ 7:44 a.m.

Response to post #20: Only a few people on the council want honest government that is responsive to San Diegans' needs. Most are in the pocket of downtown developers. The illegal abuse of the spirit of redevelopment will continue to line builders' pockets unless the people demand that money go to neighborhoods, infrastructure, maintenance, police and fire safety, etc. Best, Don Bauder

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Don Bauder Oct. 17, 2010 @ 7:48 a.m.

Response to post #21: I don't know if Dumanis hates straight women. I do know that she loves money pouring in from the downtown establishment, and will do nothing that would expose any of her friends. Her refusal to do anything about the FBI/police study of Li Mandri and Mannino alleged corruption is just one example. She was protecting Sanders. Best, Don Bauder

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Don Bauder Oct. 17, 2010 @ 7:49 a.m.

Response to post #22: Yeah, but I haven't. Best, Don Bauder

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Don Bauder Oct. 17, 2010 @ 7:50 a.m.

Response to post #23: "Christopher Robin went hoppy, hoppy, hoppy...." Best, Don Bauder

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Don Bauder Oct. 17, 2010 @ 7:52 a.m.

Response to post #24: It's that time of year...Oktoberfest. Best, Don Bauder

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Don Bauder Oct. 17, 2010 @ 7:55 a.m.

Response to post #25: The FBI didn't even recognize the mob's existence during the J. Edgar Hoover years. But it's a different organization now. Best, Don Bauder

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Don Bauder Oct. 17, 2010 @ 8:25 a.m.

Response to post #26: I would not be surprised if there is an internal news blackout on the Kessler suit. However, the Reader in early March not only printed my column on the matter, but also posted online Kessler's suit as well as the FBI/police detective investigation of Li Mandri and Mannino. Best, Don Bauder

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Don Bauder Oct. 17, 2010 @ 8:28 a.m.

Response to post #27: That Boston investigation was chilling. Best, Don Bauder

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Founder Oct. 17, 2010 @ 5:03 p.m.

Reply #35 ... And it gives us an entirely new definition to "Family" here in $an Diego...

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SurfPuppy619 Oct. 18, 2010 @ 8:51 a.m.

The FBI didn't even recognize the mob's existence during the J. Edgar Hoover years.

That's b/c the MOB had pics of Hoover dressed up in womens underwear, or so the story goes...............

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Don Bauder Oct. 18, 2010 @ 11:02 a.m.

Response to post #36: Indeed it does. Best, Don Bauder

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Don Bauder Oct. 18, 2010 @ 11:08 a.m.

Response to post #37: Yes, that's the story, at least: Hoover was supposedly a cross-dresser and the mob got a photo and blackmailed him. So he ignored organized crime and started looking for communists under every bed. Meanwhile, the economic influence of mobsters boomed. One example: some of the conglomerateurs who seemed to come out of nowhere and buy up American industry in the 1960s were backed by mob money. The takeover movement of the 1980s was backed by Las Vegas mob money. Rather frightening. Fortunately, most of the conglomerates collapsed of their own internal fraudulence, and the takeover movement was slowed down substantially by government action. Best, Don Bauder

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HonestGovernment Nov. 3, 2010 @ 9:36 a.m.

The city filed some more docs yesterday (11/02/2010) in Kessler v City : "Ex Parte Application - Other and Supporting Documents (requesting an Order to 1) set Hearing on Demurrer; 2) Vacate Trial Date; 3) issue ruling on M.S.J.) filed by City of San Diego."

Anyone want to explain what this means? Ex Parte was scheduled for today (11/03/2010) at 08:30:00 AM at Central in C-61.

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SurfPuppy619 Nov. 3, 2010 @ 10:57 a.m.

An Ex Parte Application is just a request that is being made without notifying the other/opposing side-and generally you never file anything ex parte unless it is an emergency and the other side cannot be reached, the key to our judicial system is for all infomration to be disclosed to all parties- but I have no idea what it is so who knows.

I do know this, the City is in deep doo doo over this case.

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