CUSD candidate John Alpay
Vern was correct.
In my prior post I did not provide specifics of the OCSD Information Report Case #10-154332.
Therefore I will post it now and let you the readers decide if John Alpay has his act together. I find it amusing when Vern says that John is considering filing a law suit after the election. If he has a bullet proof claim why is he waiting?
“On Wednesday 8/18/10 I was working uniformed patrol in a marked Sheriff’s vehicle for the City of San Clemente. At about 2030 hours I was dispatched to (Redacted). ‘Informant stated an unnamed female just threw some paperwork in her residence possibly trying to serve her legal papers because her husband is an attorney. Subject was a female white 50 yrs old blonde hair heavyset and just left in a silver vehicle in an unknown direction.’ I arrived on scene at about 2040 hours. There were what appeared to be legal papers with a paperclip on the welcome mat. I spoke with Rochelle Alpay and she told me the following:
Rochelle Alpay told me she heard someone knocking at the front door at about 2015 hours. She answered the door and a female white heavyset about 50 yrs old wearing a white shirt and black pants was standing on her front porch. The woman asked for Rochelle’s husband by name saying she had some papers for him. She said he was not home. The woman asked if she was his wife. Rochelle said she was. Rochelle said she left and came back to the door about 10 minutes later. Rochelle said she was standing in the doorway and threw the paperwork on the ground in front of her. Rochelle told me she said words to the effect of ‘you’ve been served.’ and walked away. She said it sounded as if the woman was apologizing as she was walking away for having to serve Rochelle her husband’s paperwork.
Rochelle told me she kicked the paperwork outside where I saw it on the front porch. She told me, “My husband’s the attorney; I had no idea what is was.” Rochelle said she was home alone with her three children, one being five months old. She said she was a little frazzled being home alone with the kids, and not knowing what this was all about.
After a short discussion with her, it was determined no crime had occurred. I explained to her that the process server probably had gone to the her car after their initial contact and called her supervisor. She was probably confirming if it was okay to serve her with her husband’s paperwork. She said she was fine and her husband would be home shortly.
A minute or two later, I was sitting in my car in front of the residence completing my log for this call, when John Alpay arrived home. He walked past me and into the house. He came out a few moments later and walked over to my patrol car. He was very agitated and demanded to know the report number for this call. He told me he wanted the process server charged with assault, burglary and trespassing. I tried to calmly explain to him that the elements for those crimes did not exist in this incident. I told him I could write an information report about this incident, but not a crime report. Mr. Alpay demanded to know my name and badge number, my supervisor’s name (Sgt. Pepe), and to have my supervisor respond to the scene.
He asked me again if I was going to file a crime report. I told him I was not, and again explained to him I would write an information report for him. Mr. Alpay said he was going to call the San Clemente City Council.
He pulled out his cell phone and called someone he addressed as “Jim Dahl,” who is a City Councilman. Mr. Alpay said, “Jim, a process server broke into my house and assaulted my wife and the Deputy here is refusing to take a report. Do I have to call Paul (alluding to the Chief of Police for San Clemente Paul D’Auria) or will you?” I could hear a voice on the other end of the phone say he couldn’t believe the Deputy wouldn’t take a report and was trying to calm him down.
I had already requested Sgt. Pepe to respond to my location.
When Sgt. Pepe arrived I gave him a brief synopsis of what had occurred. Mr. Alpay was still adamant that he wanted a crime report taken for Burglary, Assault and trespassing. After listening to everything Mr. Alpay had to say, Sgt. Pepe explained to him step by step how there was no crime. Sgt. Pepe expressed his sympathy for the stress he may have endured by being served with legal paperwork, but the process server committed no crime.
Mr. Alpay then changed saying his emotions were not from his anger with the process server, but the stress he felt from his family being threatened. He said he was driving 90+ MPH to get home and would not have stopped if the CHP had tried to pull him over until he got home, and they could have arrested him there.
I told Mr. Alpay that I treat every citizen I come into contact with the same–fairly. It does not matter what their economic or political status is. I stood by my decision on how I handled the call for service, and that I was disappointed in the fact that he thought he could intimidate me into changing how I was going to handle the call because he knew my Lieutenant and the City Council members. I also told him I wouldn’t respect any Deputy who would be intimidated by that.
I gave Mr. Alpay my business card with the case number on it, and explained to him that I would be writing an information report reference this call.”
Dep. #2345
Vern. This is an angry man. We have seen his type in Mission Viejo.
I commend the Deputy for standing his ground.
John Alpay is lucky he didn’t get into an accident causing serious injuries to a family as he raced home at speeds exceeding 90 MPH. That racing was his statement to the Deputy, not a creation of my imagination.
Vern. The ball is now in your court. Try to defend John based on this update.
Do voters in the CUSD wish to be represented on our Board of Trustees by this man? I don’t think so.
That is why I did not recommend nor did we vote for him.
Boy oh boy, what did he get served with? A paternity suit?
You don’t follow this stuff, do you Cook. Therefore maybe you shouldn’t chime in so much on Capo USD issues.
Read up:
http://www.orangejuiceblog.com/2010/09/capo-recall-the-john-alpay-interview/
and
http://www.orangejuiceblog.com/2010/07/a-capo-recall-primer/
Hm, sounds like John Alpay is fiercely protective of his family. Did he over-react? Maybe, I wasn’t there. Hostile people should probably not be banging on his family’s door in the middle of the night. San Clemente residents who may have a beef with him should remember that after they vote him in as their next trustee, over the current incompetent wasteful board. Call first, or wait till daylight hours, and there’s probably a better place to meet than the home where his wife and three kids live.
This account doesn’t differ much at all with what he told me in September and I reported here. There’s a difference of opinion on whether throwing a big sheaf of papers at someone in their home is “assault.” Apparently the cop thought not, Alpay’s a lawyer and disagrees, so who knows? Could come to a judge or not, could be dropped or not. In any case the Pinocchio picture from yesterday’s blog was inappropriate, since this isn’t a case of anyone lying.
Or is it? I’m looking at this description of a “heavyset blonde in white shirt and black pants.” Is Jennifer Beall going to keep claiming that that wasn’t her? Perhaps there was a TEAM of heavyset blonde women, wearing the same uniform, attempting to serve Alpay all across San Clemente that day? Just trying to help out…
Vern. From my read of this document no crime was committed.
But–what would Dan Avery have to say ???
Vern, the guy is a lawyer, he knows how it works, being served.
Why doesn’t he stand up and fight the case (his case?) in court? Why has he been ducking serves and leaving his wife alone with their kids to run interference for him?
Great point Cook, but it’s apparent from Vern’s attempt to spin the facts (middle of the night at 8:15 pm, really?) that he will defend his guys to the end. I only know what I read from Larry’s post, but if Alpay’s ever been a litigator in his career, he knows how service of process works (and how to duck it), and I’d be curious to know how any process servers he has employed have done it.
OK, I spaced out, reading 2015 as 10:15pm. It’s been a while since I worked security, using military time. So still I say maybe Alpay over-reacted. I’d still support him in a heartbeat over Winsten, and this IS a sideshow.
No Vern it was not me as I have said from the start.
I did try to serve Mr. Alpay at his office and was told he would be gone for two weeks on vacation, I guess he lied.
Finally everyone knows I drive a Gl 450 black Mercedes as so many of your friends talk about.
To Mr. Alpay I say bring it on, charge me so we can go into court under oath and prove before a judge you are full of it
I feel sorry for his wife that Alpay could not man up and accept service.
Vern I find you to be a shameful person
Fine, whatever. You could have said that here any time in the last fifty days. Instead you threatened us with a lawsuit if we didn’t take down our story reporting what Alpay told us. Just like your trustees – litigate at the drop of a hat. That doesn’t work with the Orange Juice.
I sure don’t care if it was you or someone who looked just like you who was brusque with Mrs. Alpay, or whether it was “assault” or not. This is a tiny sideshow in the big drama of what sort of people will run the Capo School Board – irresponsible spendthrift ideologues, or moderate representatives of the parents, teachers, taxpayers and students.
According to Ms Alpay’s statement to the deputy someone knocked on the door at 8:15 pm on a summer night. It was probably still light outside. So there was no banging on the door in the middle of the night.
Ms Beall’s point is valid. Any lawyer knows if service can’t be effected at a place of business, the residence will be next. If Mr Alpay was so protective of his family, he would have accepted service at his office like a man. Instead he dodged it, then drove home in a 90 mph panic to try to bully a sheriffs deputy. And then lies about the incident in an interview. What some call fiercely protective, most would call politically opportunistic.
I wonder if Mr Alpay has enough legal acumen to understand that he has libelled Ms Beall.
John Alpay is a loser. On Tuesday, everyone will be reminded of it (again).