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No known witnesses yet in Jackson lawsuit, says Filner's lawyer

Filner denies her accusations, which lawyer says are unverified

In his thus far unsuccessful attempt to have the City pay for defense of the suit against Mayor Robert Filner, his attorney Harvey Berger has made some interesting points. Berger wrote a letter to City Attorney Jan Goldsmith dated July 29. He wrote that Filner never received sexual harassment training from the City, as required by law, and in fact never received such training in his decades in Congress. Berger mentions that McCormack Jackson filed an unverified lawsuit, not a verified one. That is, McCormack Jackson did not sign the complaint. Her lawyer did. Thus, allegations could change. "I am currently not aware of any witnesses supporting the plaintiff's specific allegations," said Berger, noting that Filner denies them.

Berger noted that alleged activities related by women who have come forward following McCormack Jackson's complaint "were committed years ago, not while Mayor Filner was in his present role, and such claims would be barred by the statute of limitations...It is highly unlikely that any of these witnesses will be allowed to testify to such remote and alleged incidents in this pending lawsuit." He also noted that "many of the alleged statements and behaviors are not even employment related, and therefore not legally sexual harassment."

The letter didn't mention a possible change of venue. Discussing that is probably premature. But it is hard to see how this case could be heard locally in the current San Diego climate.

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In his thus far unsuccessful attempt to have the City pay for defense of the suit against Mayor Robert Filner, his attorney Harvey Berger has made some interesting points. Berger wrote a letter to City Attorney Jan Goldsmith dated July 29. He wrote that Filner never received sexual harassment training from the City, as required by law, and in fact never received such training in his decades in Congress. Berger mentions that McCormack Jackson filed an unverified lawsuit, not a verified one. That is, McCormack Jackson did not sign the complaint. Her lawyer did. Thus, allegations could change. "I am currently not aware of any witnesses supporting the plaintiff's specific allegations," said Berger, noting that Filner denies them.

Berger noted that alleged activities related by women who have come forward following McCormack Jackson's complaint "were committed years ago, not while Mayor Filner was in his present role, and such claims would be barred by the statute of limitations...It is highly unlikely that any of these witnesses will be allowed to testify to such remote and alleged incidents in this pending lawsuit." He also noted that "many of the alleged statements and behaviors are not even employment related, and therefore not legally sexual harassment."

The letter didn't mention a possible change of venue. Discussing that is probably premature. But it is hard to see how this case could be heard locally in the current San Diego climate.

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I have never received training about murder, or child molestation, or robbery, but yet I have the moral upbringing to know that those crimes, along with sexual harrasment, cannot be tolerated. Filner needs to be removed as mayor. It will take years to undo the harm he has done to San Diego. And to those who voted for him - shame on you!

July 31, 2013

Ursula21: Berger in his letter said that the fact that Filner never received sexual harassment training "is not an excuse for any inappropriate behavior which may have occurred, but having conducted sexual harassment training scores of times over the years, I have learned that many -- if not most -- people do not know what is and what is not illegal sexual harassment under California law." Best, Don Bauder

July 31, 2013

To those who would steal my vote, shame on you. No one has accused him of a crime.

July 31, 2013

Psycholizard: The head of the local chamber of commerce, former Mayor Jerry Sanders, says Filner has to go. Surprised? Just as when he was in office, Sanders is a lackey for the downtown welfare crowd. Best, Don Bauder

Aug. 1, 2013

Don:

When did Sanders make that statement? Maybe I was too optimistic and historymatters was correct on the Sunday pub photo op by Gloria. On the other hand, if Jerry Sanders said it on Sunday evening, he can be excused due to beer having been consumed.

Aug. 1, 2013

Yankeedoodle: The Sanders statement was in the U-T -- I think yesterday (Aug. 1) but perhaps the day before. It is repeated today (Aug. 2). Best, Don Bauder

Aug. 2, 2013

I have never received training about murder, or child molestation, or robbery, but yet I have the moral upbringing to know that those crimes, along with sexual harrasment, cannot be tolerated. Those are serious CRIMINAL actions, sexual harassment is a CIVIL action it does not even rise to a criminal infraction.....bad comparison.

July 31, 2013

SurfPup: I see your point of view, but I agree with Ursula21: Filner should have known better. He set himself up with his own bizarre behavior, but his hubris kept him from realizing it could be his undoing. That said, I agree that the charges thus far do not add up to criminal behavior. They are civil. To date, there has been no suggestion of victimization of vulnerable young ladies, no sexual intercourse, no quid pro quo for a promotion or raise...just bizarre, ugly suggestions to successful, mature women. Stupid? Incredibly so. Meriting the hysteria? Lord, no. Best, Don Bauder

Aug. 1, 2013

This assumes the allegations are true. I'm not being naive here. I'm saying eight women are telling basically the same story, kisses, hugs, and crude jokes, but only one dares to file a lawsuit, and she hires a big time celebrity lawyer? Doesn't that sound pretty weak, and strongly coincidental, to you?

Aug. 1, 2013

KLoEditor: You make a good point. The Jackson case does not seem strong, and the stories of the women who have come out with long-ago tales of unwanted kisses, hugs, and crude jokes add only to the hysteria, not to the rational examination of what has gone on. We have to know who urged them to come forward, and why. Best, Don Bauder

Aug. 2, 2013

Yawner..............

Aug. 3, 2013

Follow the money. Specifically the $1 Billion in former Redevelopment Agency (RDA) Tax Increment currently under control of City Attorney Goldsmith, City Council President Todd Gloria, and the private Civic San Diego.

Mayor Filner is trying to gain control of the new source of ongoing funding including lease revenue, the downtown parking district revenue, cash, future bonds proceeds, properties, that can be leveraged for public infrastructure citywide instead.

It is good that Donna Frye, Cory Briggs, and Marco Gonzalez gave the mayor a public Intervention. No one should feel intimidated at work.

Every San Diegan deserves to feel safe including children, battered women, mentally ill, drug/alcohol dependent, etc. Mayor Filner is the ONLY politician who puts the poor and homeless first. Peace.

www.tinyurl.com/20130612

www.tinyurl.com/20130610a

July 31, 2013

Laplaya:

I like your positive attitude.

July 31, 2013

Yankeedoodle: La Playa (whose name is Katheryn, and whose intelligence can't be challenged) has an excellent point, and it is key to what is going on here: the corporate welfare crowd wants that billion dollars to line the pockets of fat cats. Filner wants it to go to help the people. Best, Don Bauder

Aug. 1, 2013

I was very pleased to see her place the long view and the short view in a nutshell and integrate them into one point of view. Admirable thinking.

Aug. 1, 2013

The simplicity of the solution of that Mayor Filner, without the need for legal approval by the City Council, Civic San Diego, and City Attorney Goldsmith [CCCSDCAG], can stop Homelessnes today and redistribute the $1 billion in assets (as of June 31, 2012), and new Revenue sources.

He has yet to ask for an Independant legal opinion by our State Attorney General Kamala Harris if Redevelopment Agency (RDA) Tax Increment (TI) is a legal use for Homeless Emergency Shelter and associated social services, and Affordable Housing. Citywide instead of just in Redevelopment Agency (RDA) Project Areas (PA).

If confirmed, than since 1992, when Mayor Filner was elected to Congress, the Civil Rights of children, seniors, mentally ill, etc have been Violated. Also the City and County are in Violation of the Federal Fair Housing Act and the HEARTH Act.

Aug. 1, 2013

laplayaheritage: But as you know, Katheryn, the corporate welfare crowd does not want to stop homelessness. It wants to move the homeless out of downtown. Best, Don Bauder

Aug. 2, 2013

Yankeedoodle: Agreed. Katheryn has been concerned about Filner's behavior. But she did not participate in the orchestrated scandal mongering. Best, Don Bauder

Aug. 1, 2013

Everyone stands behind Donna Frye and Ms. McCormack Jackson.

Aug. 1, 2013

Sorry, I don't.

Aug. 1, 2013

KLoEditor: That makes two of us. Best, Don Bauder

Aug. 2, 2013

Katheryn: I am not sure of that. Best, Don Bauder

Aug. 2, 2013

Listen to LaPlaya!!!! She is ON TO SOMETHING BIG! they want that billion dollar honey pot! Filner has GOT to MOVE that MONEY! It belongs to the people not to developers.

July 31, 2013

historymatters: If Filner goes, which is almost certain, the odds are about zero that this money will be taken away from the corporate welfarists who have the most to gain from this controversy. Best, Don Bauder

Aug. 1, 2013

Katheryn: Well said. Filner is correctly trying to corral money that should be used for infrastructure. His major critics want to keep that money going downtown for projects to line the pockets of multi-millionaires and billionaires who should be spending their own money. San Diego's infrastructure MUST be improved. The Filner hysteria -- that he greatly brought on himself -- will delay that effort. Sticky-fingered corporate welfarists are going to benefit from this while citizens suffer. Best, Don Bauder

Aug. 1, 2013

Filner had his chance to get his hands (rightly) on that money for the good of the entire city instead of just the downtown area, but because, among other things, he (allegedly) couldn't keep his tongue in his mouth around women, he will not get that chance.

Aug. 1, 2013

Aardvark, it is the nature of aardvarks to be fearless, to escape in tunnels, and fight with all appendages. It is not in the nature of an aardvark to despair.

Aug. 1, 2013

There is hope that the City Council will back the easy solution. If the mayor resigns than by law our City Council President Todd Gloria would retain operational control of the former RDA assets and ongoing new Revenue streams. The status quo will remain.

Aug. 1, 2013

I hate tunnels, as I am claustrophobic.

Aug. 1, 2013

Yankeedoodle: Don't aardvarks feast on insects? Best, Don Bauder

Aug. 2, 2013

I was trying to abide by the terms and conditions, if not the Code, of the blog, by not pointing out the diet of the aardvark. My intent, in reminding aardvark of those attributes I listed above, was to encourage the aardvark to resist surrender.

Aug. 3, 2013

aardvark: Unfortunately, it looks that way now. But it's now open season on San Diegans' sex lives. (In Filner's case, we know nothing about his actual sexual behavior, just his boorish statements.) And it's not just open season on San Diegans' CURRENT sex life -- the sex life going back nine years or so. The door has been opened wide. Best, Don Bauder

Aug. 1, 2013

We haven't even begun the soap opera. City employees will be asked to testify, and security cameras will be examined. If she can find no witnesses for the behavior of this very public man, we have to doubt her story. Finding the Police Officer, for instance, in the handcuff remark. What other female employees observed is central. She claimed other employees were touched inappropriately. Name them, subpoena them. So many of these allegations occurred in public, and yet the alleged horrors escaped everyone's attention until now.

July 31, 2013

Psycholizard: Good points. McCormack Jackson knew the drill on sexual harassment, and she knew it well. Filner can defend himself in this case, which MUST be tried in another jurisdiction. It can't be heard in San Diego. Best, Don Bauder

Aug. 1, 2013

If one takes the training, he can no longer claim he is ignorant.

The city did not discharge its legal duty. The harm to be foreseen occured. The exact manner in which it occurred is not the question under legal causation.

Based on that failure to discharge a mandatory duty, the city IS a proper co-defendant. The city may have to pay Filner's attorney until they can be relieved of that duty by a judge.

The judge may say that the fees may be recouped with a defense under reservation of rights. These are jury questions that cannot be determined at this point in the lawsuit.

July 31, 2013

Wow, good job dio- !!!

July 31, 2013

Diogenes: Other media are claiming that it was Filner who delayed his sexual harassment classes. I can't pass judgment on those claims, but can cock an eyebrow on media trying to flame hysteria. Best, Don Bauder

Aug. 1, 2013

response to donbauder, It is irrelevant WHY Filner was never given sexual harassment training by your fair city. It was the responsibility of the City of San Diego to ensure that it took place. Period. Diogenes is 100 percent correct. I have been told that one of the posters here is the law. If that is true, then he/she should be able to confirm that. I also think he/she would agree that ignorance of the law is no excuse.

Aug. 1, 2013

Dan: I too am interested in seeing the response to your query. In addition, I wonder about contributory negligence, as far as ignorance not being an excuse. Maybe the legal person will address that. Lastly, some of this behavior seems to be a lack of management skills....maybe he should take a short course in project management while he's on the farm!

Aug. 1, 2013

Yankeedoodle: What Filner needs most during the two-week period if a physical exam. Best, Don Bauder

Aug. 2, 2013

danfogel: This is getting interesting. Best, Don Bauder

Aug. 1, 2013

One would think, in the era of iPhone pics, that someone would have Youtubed a big smoochcy example of Looking-for-Love-Bob's affection for the old gals. I'm shocked that the Boyz of San Diego/KPBS (and their Ch 10/Fox/Breitbart-dumpster-diving/UT/Seibert afficionados), with their nonprofit-paid-for blogger-journo cool tools, haven't come up with any visuals. One of them even got cheek-smacked twice a la James Gandolfini (oh my god!) and didn't get it on video. Come on, BoSD, the titillation level will fade if we don't have pictures.

July 31, 2013

Try reading the allegations again. I'll hold.

July 31, 2013

Randy: Promise you will be on hold? Best, Don Bauder

Aug. 1, 2013

BlueSouthPark: Oh, U-T TV claims it did come up with visual evidence. A Republican dick who had tailed Filner had film of him getting out of a car with a woman inside that car -- in 2009, as I recall. Oh dear! Oh horrors! The mad man!! U-T-TV played it up...a man getting out of a car with a woman inside that car!!! Best, Don Bauder

Aug. 1, 2013

Don: O the pity of it! O the shame!

Aug. 1, 2013

Yankeedoodle: There is something pitiful for sure -- the U-T. Best, Don Bauder

Aug. 1, 2013

Don, RDot can hold forever. I'm sure he is holding tight, and multitasking. He, yes he of the Morality patrol, could be a witness for Filner, being quite the expert in sex drive, even writing a column called Sex Drive Daily. It's true. He's admitted to being obsessed with sexual stories, even though he also admits to being a "prude with intent to censor and censure even as I link to content." He's researched every kind of sex, including the benign: how lack of sleep causes men to hit on women more readily. He could defend Filner by suggesting Filner needed a nap when he asked the ladies if they were single and told them they were beautiful. There are 8 million stories in the Naked City, and they're not all about Bob.

Aug. 2, 2013

There may be 8 million stories in the Naked City, but this one is not actually about me. The words that you quote were actually written by columnist Regina Lynn. I'd appreciate a correction.

Aug. 2, 2013

Glad to hear it, Randy. You would have been very very busy.

Aug. 3, 2013

Great points Don!!! Thank you!

Did you also see that 2011 port Authority hearing where Cory Briggs calls her a liar? That is very interesting considering he was championing her knowing she was not a credible person from his experience.

July 31, 2013

historymatters: I have lost track of comments on this blog, apparently. Whom did Cory Briggs call a liar in the 2011 hearing? Please give us more details. Best, Don Bauder

Aug. 1, 2013

Here is a very telling excerpt from a State of California Lands Commission where the Port is applying for a development permit.

ACTING COMMISSIONER GORDON: Yeah. So am I to understand that you did not request the waiver, that the Coastal Commission granted it on their own behest?

MS. McCORMACK: Yes. We went and we were going to -- we filed a coastal development permit and they said it was a waiver.

MR. BRIGGS: That's not true.

Why did Corey Briggs think she is such a credible witness now when he knew her firsthand to say things that are not true as shown in this transcript?

Aug. 2, 2013

historymatters: Interesting question. There are some others. Best, Don Bauder

Aug. 2, 2013

This is the MOST SEXLESS SEX SCANDAL in US History!!! These women make a mockery of real victims and that is what is sad. We are totally not looking at the REAL female victims of Jan Goldsmiths grandstanding.

City Council members recently voted to give Goldsmith $500,000 to hire two big law firms to defend lawsuits by victims of sexual predator, Anthony Arevalos. Here is an excerpt from www.californiacriminallawyerblog.com:>

"That's right. These very City Council members authorized $500,000 in retainers on two high profile law firms to DEFEND the city and the sexual predator cop against lawsuits brought by the sick cop's last 2 victims. Now the city attorneys and their high powered firms can further harass, bury, paper and destroy two women's lives who were already sexually assaulted by a cop the City knew was out there doing it. The cop is in state prison, his supervisors knew what was happening for years, the Chief gave the cop's supervisors promotions, and City Attorneys are taking depositions of victims, prying into their sex lives, trying to find old boyfriends, trying to scare them. Thanks San Diego City Council for protecting innocent women. All of you Filner haters who voted to continue the emotional harassment of two innocent victims of rogue cop Anthony Arevalos by handing misogynist Jan Goldsmith a blank check are simply two-faced."

July 31, 2013

As I understand it, the city is legally required to defend its cops. You might want to look into that before throwing this allegation around.

July 31, 2013

Good point.

July 31, 2013

All employee indemnification for attorneys fees and costs is covered in the Government Code. Cops are treated no differently that other governmental employees.

The city is not liable for the actions of an employee - unless they failed to train or supervise the cop - or have unconstitutional policies.

To be indemnified, the employee must-have acted in good faith.

The cop you refer to went to prison. He did not act in good faith.

For managerial employees, the law requires that training to eliminate sexual harassment must be given. McCormack has a good against the city. So does Filner - for his fees - the city failed to see that the mandatory training was given - too busy with Chalkgate or the Queen palm case.

July 31, 2013

Diogenes: Thanks for the clarification

July 31, 2013

Diogenes: I will let you and Randy battle over this one. Best, Don Bauder

Aug. 1, 2013

I trust this info because it was written by lawyers. Yeah the cop is in prison and they still agreed to pay 500k to defend him...very inconsistent. one has to wonder.

July 31, 2013

Randy: If you are right on that, this could be an explanation. It should be checked out. Best, Don Bauder

Aug. 1, 2013

historymatters: More should be written about this defense of Arevalos. Best, Don Bauder

Aug. 1, 2013

I'm starting to like The San Diego Reader more and more (and Voice of San Diego less and less). I, too, smell a rat in these eight "very credible women" who have waited to air their dirty laundry out until now, at this very moment in time. Their case is sounding flimsier and flimsier.

July 31, 2013

You can tell that most of the media in San Diego is pro-developer or developer-owned, such as the U-T, owned by developer Doug Manchester.

Channel 10 is anti-Filner.

July 31, 2013

The U-T hasn't called for Filner's resignation. CItyBeat has. So CB is in the pocket of Big Developer?

July 31, 2013

The U-T doesn't have to "call" for anything: it is the prosecutor, judge and jury of Mayor Filner. CityBeat is stuck with choleric editor David Rolland who can be counted on for sensational nasty editorials. Do you know something about his being on the take, Randy, aside from his hating Filner personally?

July 31, 2013

monaghan: I don't know Rolland or know much about him, so I can't comment. Best, Don Bauder

Aug. 1, 2013

Randy: You know full well that the U-T's Lynch has admitted that it wants this strung out because it is making money from it. Liz Swain wrote the story of Lynch's speech for the Reader. Best, Don Bauder

Aug. 1, 2013

Randy: Since I see CityBeat very seldom (and then only a story that someone sends me), I am in no position to judge. Best, Don Bauder

Aug. 1, 2013

The SD reader is the only independently owned media in SD. I applaud them for allowing free speech unlike the other rags here

July 31, 2013

historymatters: I agree. The Reader is truly independent and prints both sides of an issue. Best, Don Bauder

Aug. 1, 2013

Don: The joy of The Reader is that in most cases, if people disagree with another person's opinion, usually a healthy conversation follows. Most people on The Reader's forums seem to understand that you don't have to "go off" on another poster because you don't agree with him/her, which is why I would rather post here.

Aug. 1, 2013

aardvark: We welcome your posts. Best, Don Bauder

Aug. 2, 2013

Diogenes: The downtown corporate welfare crowd deeply influences and in some cases controls the local media. Best, Don Bauder

Aug. 1, 2013

The Voice has a good exit interview with a retiring asst chief of police in City Heights right now. I have friends who read it religiously.

July 31, 2013

Yankeedoodle: I, too, look at the Voice each day. Best, Don Bauder

Aug. 1, 2013

Tiger Cherry: Filner's lawyer doubts that these women will be able to testify. I am sure he will have to argue hard on that. Best, Don Bauder

Aug. 1, 2013

Many lay persons immediately assume that such witnesses.would be allowed to testify. The judge is the gatekeeper of evidence. A stream of such witnesses would only inflame the jury and create confusion of issues. The probative value of such testimony would be overcome by its prejudial effect.

Aug. 1, 2013

Diogenes: Trouble is, with hysteria reigning, the judge could be influenced. Best, Don Bauder

Aug. 1, 2013

Filner will probably defend McCormack-Jackson's allegations by claiming that she mischaraterized the encounters.

The city claims that is has a zero tolerane policy yet failed to assure that mayor Filner had completed the course, whereas Filner claims he is innocent while asserting that, if he did it, the yraining course would have prevented the harassment which never occured in the first place.

Aug. 1, 2013

Diogenes: I hope this can be tried elsewhere. Change of venue is used less and less, however. The corporate welfarist-controlled mainstream media have a reason to keep this going. Best, Don Bauder

Aug. 1, 2013

How can this Sherriff's hotline be legal? Even in a criminal case it raises the question of prejudicial influence, the solicitation of salacious testimony against a single individual presupposes and advertises that such person has committed a crime. How can a civil case merit this? Isn't this gross interference in the civil case? May I suggest that the Sheriff's office may have used public resources to pursue a personal vendetta, or political agenda, where no crime has been alleged?

Aug. 1, 2013

Psycholizard: Yes, I also question the sheriff's hotline. I think it is definitely prejudicial. And that's among many, many prejudicial strategies. Best, Don Bauder

Aug. 1, 2013

I read on the SDFP site that another woman will be making a claim today. No specifics.

Aug. 1, 2013

Yankeedoodle: Oh, more will be coming forward. That was obvious when the parade route and its genesis became clear. Best, Don Bauder

Aug. 2, 2013

Don, Filner's lawsuit that he did it because no one told him not to means he should be locked up in a chimpanzee cage as a threat to public safety for the rest of his life. If he hasn't learned by age 70 he'll never learn.

Aug. 1, 2013

Anon92107: Yours is another example of the San Diego mentality of putting Filner away without knowing whether the charges hold water. Best, Don Bauder

Aug. 1, 2013

Don, I believe the women leaders who reported Filner's unwanted sexual attacks on KPBS, and I accept the judgement of the democratic party's women leaders who have asked Filner to resign immediately.

One of the most destructive failure modes for our society is that far too many men fail to respect and protect women and refuse to demand equal rights for women.

A most important historical fact of life is that male leaders in all institutions (social, political, economic, religious, scientific, education, etc.) around the world have failed the tests of humanity. It is time for women to achieve leadership positions in all institutions today or our newest and all future generations will have a legacy that will provide them with a totally unacceptable quality of life.

Aug. 1, 2013

WTF?? Can we spell paternalistic? Men failing to respect and protect women, and refusing to demand equal rights for women?? How about if women respect themselves and stand up for themselves? This is the thing that gets me about these women. They were not young, they were not naive, they were not uneducated, they were presumably not unfamiliar with their rights concerning sexual harassment. They were not poor or friendless or without recourse. It strains credulity to believe they were helpless frightened victims.

Aug. 1, 2013

KLoEditor: In the case of domestic violence, as opposed to workplace harassment, I believe that those qualities you mentioned appear to have less influence on the behavior of either party than one might suppose. But there, I think, other emotional and financial elements are present than in unwanted advances to an acquaintance. Perhaps a psychologist could chime in on that. My impressions are anecdotal.

Aug. 3, 2013

Anon92107: I have long spoken up for women's rights; Filner has crusaded for them. Best, Don Bauder

Aug. 2, 2013

Anon: Isn't some of that difference, perhaps not all, due to the very social conditioning we are trying to cure in regard to the proper ways for women and men to behave? Sugar and spice and everything nice? When women are raised to be leaders, I fail to see a behavioral distinction between the genders, and I think Elizabeth Tudor and Mary, Queen of Scots would back me up.

Aug. 3, 2013

Just because everyone thinks it doesn't make it true, just because everyone does it doesn't make it right. This lynching is wrong even if he was guilty of murder.

Aug. 1, 2013

Well, psycholizard, with sentence #1 I fully agree.

Now, in the case of sentence #2, if anyone were guilty (sic) of murder (also sic) I would have to support removal from public office. And of course apprehension and trial in a criminal court, not in an outdoor arboreal setting.

Aug. 1, 2013

Psycholizard: If murder were the question, he would have due process. Best, Don Bauder

Aug. 2, 2013

I'm still puzzled by the Sheriff's hot line soliciting accusations. This seems a shocking abuse of power. Anyone, guilty or innocent, public or private, would have their reputations harmed by this. This the first time I have heard of public resources used to solicit witnesses in a civil case. They seemed to start a class action against the City and the Mayor, but struck out, still publishing their long shots into foul territory as home runs. If they can't hit the alleged playing field, the Mayor's office and city employees, and get a relevant witness, let alone another plaintiff, how can they hope to prove this? The Mayor has friends who will testify..

Aug. 1, 2013

The hotline isn't a civil matter. The DA has linked the hotline to a possible criminal prosecution of the mayor. That means the hotline's main goal is a criminal case against Filner.

Aug. 1, 2013

Randy: Thanks for the elucidation.

Aug. 1, 2013

Psycholizard: I agree. The whole sorry process is bush league, although the women who were angry with Filner's behavior toward them certainly had a right to go public. The unspooling of the rest of the actions and demands invites incredulity and bemusement.

Aug. 1, 2013

Psycholizard: Whether a civil or criminal matter, the sheriff's move is prejudicial. Best, Don Bauder

Aug. 2, 2013

Proof from http://voiceofsandiego.org/2013/07/26/d-a-ethics-guide-my-decisions-not-politics/ (this is directly from a Dumanis commentary)

When it became clear that there needed to be a criminal investigation and potential prosecution into allegations against Mayor Bob Filner, law enforcement leaders from several agencies worked together to determine which agency would be best to handle it.

Aug. 1, 2013

Randy: Did there need to be a criminal investigation? Best, Don Bauder

Aug. 2, 2013

That was my first question: what facts made it Clear a criminal investigation was Needed? How did It become Clear? Via facts not generally known? A mask, a gun, and a bag of loot? The police register with description fitting Mr. Filner? Or perhaps the need was not a legal need, but a Machiavellian need. That might be self-evident. .

Aug. 3, 2013

Well if Dumanis had anything to do with the hotline, she should be frog hopping in orange. I thought she might be behind it. If there is to be a criminal case, obviously it's ruined by the horrific misconduct of orchestrating a kiss and tell before trial. Incidentally, Randy you seem to be with Mr. Bauder on this, by stating that there is deliberate conspiracy between law enforcement agencies, all run by Republicans, to get something on the Mayor. Formerly I thought the spectacle was pure opportunism, but if Dumanis feels the need to take credit for criminal misuse of authority, who are we to argue?

Aug. 1, 2013

She was part of the discussions, as I recall, but the DA's office will not be part of any investigation or prosecution. The state attorney general's office will do that.

I don't think I've ever agreed with Mr. Bauder on anything, except maybe once when I accidentally took a tab of acid instead of Sudafed.

I don't see any conspiracy anywhere, except perhaps one by Filner opponents. I fear they've enlisted a number of wacko conspiracy theorists to make Filner supporters look positively unhinged. Shocking!!1!!

Aug. 1, 2013

"I don't think I've ever agreed with Mr. Bauder on anything, except maybe once when I accidentally took a tab of acid..." Dammit, Doting A, you're making it exceedingly difficult for me to honor my pledge to give you a pass. To think, the current record is two days. I'm embarrassed for you. As for your current swipe, the difference is that Don went on to achieve great things, while you're stuck on a bad trip.

Aug. 1, 2013

Dear Anonymous Person on the Internet: Wait. Why am I discussing anything at all with an anonymous person on the Internet?

Aug. 1, 2013

If, as it appears, you judiciously pore over this site, you'd know that I post my given name quite often, most recently about 1 1/2 months ago. It's John Sweeney. Now what, chief?

Aug. 2, 2013

Bauder has essentially accused the publication I contribute to of being whores for the establishment. He slurs me, and he slurs my colleagues, and he couldn't be more wrong. (He does keep exceeding my expectations on that front, so we'll fact-check that statement later.)

So I'm not feeling very polite.

As for you: We could have a nice online argument, John, and go round and round. We'd end up at the same place: with mutual disregard. Talk about a bad trip.

Aug. 2, 2013

Four comments: You started the mis-characterization (of Mr. Bauder) process.

I detect a bit of professional envy on your part.

I often wonder why some who disagree with any given website's perceived political slant display a near obsession to post on (and apparently attempt to) undermine that site.

That being said, I actually appreciate your input.

JS

Aug. 2, 2013

Please try to follow the money.

Specifically the $1 Billion in Successor Agency assets of the former CCDC, Civic San Diego Redevelopment Agency (RDA) including cash.

www.tinyurl.com/20130610a
www.tinyurl.com/20130612

Thanks in advance for your help in providing Economic and Social Justice for the Poor and Homeless in San Diego by independent investigative reporting.

Aug. 2, 2013

Randy: Goodness! I haven't slurred you. And there were only two of three occasions, to the best of my memory, when I suspected the Voice was bowing to contributors. You have mentioned the pills you take. I respectfully recommend you start taking tranquilizers. Best, Don Bauder

Aug. 2, 2013

Duhbya: Sweeney is a Turkish name, isn't it? Hungarian? Best, Don Bauder

Aug. 2, 2013

The all too clear implication being that I have a deep-seated hungar to act like a turkey, is that it? What, me paranoid? Why do you ask? Wait....what?

Aug. 3, 2013

Randy: Don't ask me. Why are you? Best, Don Bauder

Aug. 2, 2013

Duhbya: I mean it when I say that Randy is amusing and contributes greatly to this blog. He is a passionate believer in his views. Best, Don Bauder

Aug. 2, 2013

Randy: Gee. You have never agreed with me? A couple of times I have come to your defense, saying your comments are appreciated on this blog (they are), and that you keep the dialogue going, and are fun. Sorry you disagree with these laudations. Best, Don Bauder

Aug. 2, 2013

Psycholizard; Who knows what happened behind the scenes? I have been covering San Diego for 40 years. In so many matters, we have known there was a clandestine inter-agency conclave, but couldn't crack it. Best, Don Bauder

Aug. 2, 2013

The DA probably wants to convict Filner of a sex crime and force him to register as a sex offender.

Aug. 1, 2013

The DA is not investigating or prosecuting this case.

Aug. 1, 2013

Burwell: Well said. If Filner would have to register as a sex offender based on what has come out now, it would be a travesty. Best, Don Bauder

Aug. 2, 2013

If there's a criminal case, Filner's civil case may have to wait until the criminal case is over. It could be several years before the civil case goes to trial.

Aug. 1, 2013

Burwell: Good point. I think the criminal talk is just more piling on -- trying to force him to resign, or getting more people to sign the recall petition(?s). Best, Don Bauder

Aug. 2, 2013

The other bunk accusations come closer to criminal. The sexual stuff could possibly have merit, but only as a civil matter.

Aug. 1, 2013

Psycholizard: One thing we have not had is "bunk" (bedding down) accusations. Best, Don Bauder

Aug. 2, 2013
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