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Two monsters and a man: Spitzer, Rackauckas, Murdock.
First let’s make it clear that what we’ve been saying for years is still true: Tony Rackauckas is just about as awful a District Attorney as could be: a lazy, incompetent, crony-loving, grudge-holding, shortcut-taking PATHOLOGICAL LIAR, with no respect for the law and no sense of what you or I would call justice. Evidence of all of this collects week by week and never stops.
Example, I was gonna write last week about his double face-plant on Gang Injunctions in Placentia (although there are two good articles already) but more desmadre just kept coming down the pike – from Tony AND his front-running challenger Todd Spitzer. Still, this needs a few paragraphs at least to keep up with the record of T-Rack injustice, incompetence and demagoguery:
Gang Injunctions are like crack cocaine for police departments and prosecutors – cheap, easy, addictive, and destructive to the whole community. “Wide net” or “overreach” aren’t strong enough terms – Gang Injunctions are like bringing in a case of dynamite to catch a couple of roaches.
To make the case that a neighborhood is dangerous enough to need this liberty-killing “tool,” a crooked/lazy DA like Rackauckas will name off dozens of young, always Latino people as known menaces and gang associates; but whenever these young Latinos have the knowledge and organizational assistance (as they did in Orange 2009 with Yvonne Elizondo or Placentia recently with Gaby Hernandez) they get the charges laughed out of court. (Think of how you can fight off a shark by kicking it hard in the snout, because they are so unused to any kind of resistance.)
The unfortunate neighborhoods that do end up locked into a Gang Injunction, facing a grim present and future of youth criminalization and abridged liberty, are the ones who don’t know how to fight back, sometimes because of immigration worries and language barriers.
In Tony Rackauckas’ perfect world our county would be wallpapered with Gang Injunctions, but it’s starting to look like his grand plan is going aground, after all the time and money he wasted not making them stick in Orange and Placentia. We know he wasted at least $4 million of our taxpayer money losing in Orange, and we’re still waiting to find out how much he wasted in Placentia. But still the shameless politician and his henchwoman Susan Kang Schroeder find these faceplants worth bragging about on the campaign trail, presenting them as great success stories to a credulous and fearful voting public.
Well, we do know that DA candidate Brett Murdock opposes Gang Injunctions for all the right reasons, because he said so at the DA Forum held a couple of weeks ago at Santa Ana College. We don’t know Todd Spitzer‘s position because, like Rackauckas, he didn’t deign to appear at the forum – despite all our phone calls and texts, he never responded one way or the other. And he USED to take my calls.
But he DID find it worth texting back to me, ONLY to make sure I saw and propagated another recent embarrassment – Tony’s blaming his whole Snitch Scandal / Dekraii loss on petty personal grievances against Tony on the part of Judge Goethals. Watch this, it is so pathetic (and Todd should be glad I uploaded it to YouTube so normal people can see it.)
This’ll do as a textbook example of PROJECTION from the tiny mind of a tiny-hearted politician. Tony accepts no responsibility for all his flouting of the law, lying and obsessive short cuts, and pins the blame on a personal grudge the Judge supposedly has against him, because that’s something TONY would do and can understand.
Supposedly Judge Goethals is just bitter that his son didn’t get a job with Tony at some point, and also the Judge allegedly hangs out with liberals some of whom oppose the death penalty, that’s gotta be part of it too. Anything but “Tony fucked up again.”
***
Well, after all this you may be surprised to learn that…
Spitzer is worse than Rackauckas.
I’m not sure how R. Scott Moxley can honestly write the following, blithely presenting Todd as the lesser of two evils:
“Spitzer’s worst offense is that he is a hard-charging boss, nitpicker and relentless micro-manager who doesn’t like proselytizers interrupting him while eating lunch at Wahoo’s Fish Tacos… Hmmm . . . Who would you want as your DA? An unrepentant, lying cheater or an often-obnoxious, news-camera hog?”
All I can think is that Scott has not been paying much attention to Todd lately. Well, those of us fighting for justice and housing for OC’s homeless HAVE been watching Todd closely for a while now, and find him to be a much more dangerous monster than lazy, dishonest Tony.
Let’s start with the worst and most recent example. Todd’s colleagues on the Board of Supervisors, trying to comply with Judge David O. Carter’s orders to find places for our homeless people to stay, and also following a longstanding agreement among the supervisors that each of the five districts should do their share on this problem, proposed temporary “tent cities” of homeless people on county-owned property in Irvine and Laguna Niguel. Todd promptly raced down to Council meetings in both towns, riling up the concerned residents to fight against the Board’s plan, and scaring the hell out of them with lies about SEX OFFENDERS and violent drug abusers overrunning and “destroying their communities.”
Listen to the poison for yourselves here: You’ll hear him mention the phrase “SEX OFFENDERS” five times. Bear in mind that
- NO sex offenders will be placed in Irvine or Laguna tent cities; they will instead be placed in a “separate location where they can be monitored,”
- there was a grand total of ONE sex offender in all the 697 homeless people moved from the riverbed; and
- there are a grand total of THREE sex offenders in the hundreds staying at Santa Ana’s Courtyard shelter.
Spitzer’s shameful demagoguery sure had its intended effect: 250 terrified Irvine residents protested yesterday against the proposed Great Park shelter. Todd had gone too far for even his generally useless colleagues. Board Chairman Do quite pungently told the Voice, “The experience that we went through with the 750 residents so far from the [Santa Ana] riverbed in terms of minimal impact on neighborhoods shows that a lot of Irvine’s complaints are crying wolf and fear mongering by Spitzer…” And Supervisor Nelson observed: “You can’t be shooting up in a county facility, you can’t have sex offenders. None of those things are true. I’m just saddened that the demagoguery has been allowed to get this out of hand… [Todd] is just trying to inflame people because he’s losing in the polls, and he’s trying to be DA.”
But let me BOLD this next paragraph, because it’s that important:
There have already been instances of hate crimes and vigilante violence against our homeless community. There is sure to be more. And when there is, it will be to a large degree due to Todd Spitzer’s lying demagoguery, on KFI and everywhere else he can find a mike. Such a man, who carelessly and dishonestly endangers such a large group of powerless people, can NEVER be allowed to be a district attorney.
Three more things – First, Todd’s relationship to the TRUTH, which seems a lot like President Trump’s: that is, whatever feels useful to him at the moment becomes his truth. Does he go home each night and say to himself, “Damn, I lied a lot today, I hope not too many people get hurt?” Who knows? We don’t know.
We’ve lost count of the times he’s claimed to be “Shocked! Shocked!” each time he discovers the hundreds of millions of unspent dollars the Board has “chipmunked away” for the homeless. A couple days ago he blamed his ignorance on unnamed “staff” hiding the funding from him and his colleagues. Staff’s dog ate Todd’s homework. Well, “staff” ain’t taking this lying down, and will be speaking up for themselves tomorrow morning.
We ALL know that the Voice of OC has been ringing this bell (of the unspent funds) for almost three years. And we also all know that Spitzer reads the Voice – the moment anything irritates his thin skin, he pops up on the comments section. This strained relationship of his to the truth, it’s a real problem, it’s maybe even worse than Tony’s.
Two – Moxley makes light of the Wahoo’s incident, and he shouldn’t. It was a lot more than “doesn’t like proselytizers interrupting him.” He went to his car, got a gun and handcuffs, and citizens-arrested the poor guy, on the excuse that he allegedly looked at a table knife the wrong way. This was a bizarre incident, but meanwhile we’re trying to find clues to the character of the guy we’re considering making our top law-enforcement officer. And subsequent events combine with this one to paint a disturbing picture.
He apparently thought he was protecting the Wahoo’s diners from a Christian who looked at a table knife. And he apparently thinks he’s protecting South County citizens from dangerous homeless by exaggerating their danger a hundredfold. We’re seeing the outlines of a weird psychosis, a crazy sort of Knight in Shining Armor Complex which should disqualify anybody from such a position of power as Todd is seeking.
Finally, there’s no reason to think, just because Todd’s criticisms of Tony are legitimate, that he would do anything differently or better, when you remember this: He was perfectly happy working with and for Tony and Susan UNTIL they suddenly fired him for being Todd – for losing his temper with a public servant that he didn’t realize was Tony’s main squeeze at the time. THEN AND ONLY THEN did all Tony’s and Susan’s actions become the epitome of corruption. Lèse-majesté de Todd was their true offense.
So, here’s the plan, people. In June, all Democrats, independents, and Republicans who care about justice and the rule of law should vote for Brett Murdock – maybe that will work. But if we end up stuck with King Kong vs. Godzilla Tony vs. Todd in November, we should all support Tony.
And why? If for no other reason, the motherfucker will die first.
Vern out.
Oh, Vern. Can’t say I agree with you on this one.
In any case, about that last point. I’ll just leave this here:
https://www.ocweekly.com/and-your-next-orange-county-da-is-susan-kang-schroeder/
Yeah but even if Tony Racetrack wants to give a big FU to OC with Kang, he cannot appoint his own successor. Only the Board of Supervisors can do that – and they surely will not hang such an albatross as Kang around their own necks.
She tries one case and she loses it.
I think I just heard someone shout “HOLD MY BEER” from Santa Ana.
Who have the LEO unions endorsed in this race ? And which staffer was fired for keeping the 190 million dollars for homeless a secret from Todd?
Spitzer is mentally ill and corrupt. Tony Racetrack is just corrupt. And Tony is 75 years old and can’t appoint a mid-term successor.
The choice is easy. T-Rack in 2018!
Come on, give Brett a chance in June at least.
I’m with Ryan. Racky will just hand the job to Kang Schroeder, and she’ll outlive me. While Rackauckas is Trumpian in that his whole shtick is to protect his (crooked) friends and punish his enemies, Spitzer will go after ANYONE whom he things can give him his precious media coverage. That’s a good thing: he’d just as happy to destroy people within the Republican power structure (largely populated with people who fear and hate him) as he would people within the Democratic “power” “structure.” Also, if Spitzer wins in 2018, there’s a good chance that someone decent — probably a sitting judge — might take the office from him in 2022.
Murdock would also be more vulnerable than the Racky Dynasty (which includes heir apparent) Kang Schroeder) would be in 2022. That’s part of why — most of the rest being pure hatred — I think that if he makes the runoff, the losing Republican quietly supports him.
(Then again, maybe Lenore wins! After all, Chmielewski and four other DPOC members voted to endorse her Monday night, as opposed to a mere 40 (if memory serves; it could have been a puny 30) supporting Murdock who despite the raw totals was nevertheless declared the winner of the endorsement.)
*NO, NO, NO Dr. D., you are just prone to hold a “grunge” (a combination of the two) against Tony. We love Tony….he is a realist, he doesn’t pick on people unless they pick on him and he has a great “Wily Coyote” Streak….that is actually quite attractive. We got to see him at the Swallow Day Parade……gave him a holler and sure enough he saw us and waved back. Stylin…. We can’t imagine the other two doing that! Tony will hold it together for another four years and in that time find someone he thinks could actually replace him with some classy aplomb.
People “pick on him” for violating the constitution. That’s no excuse for his picking on them in response.
A “Wily (sic) Coyote Streak.” What the hell is that, and how could it be a good thing?
If I remember my cartoons right, wasn’t Wile E. Coyote the unfortunate creature who was always chasing the Roadrunner and never catching him, instead getting blown up by Acme Dynamite?
Wasn’t he best known for running straight off a cliff, and continuing to run airborne until he’d look down, see there was nothing but an abyss beneath him, and promptly plummet?
In that case, God bless our DA.
Tony Rackauckas?
And what does “gravity” represent here? Justice?
Another thing Moxley misses in his characterization of Spitzer as a “hard-charging” boss is that he isn’t hard-charging except to use government employees to work incessantly for his personal glorification.
The DA is the head of a big department with a huge budget. First and foremost the DA is a government administrator, a job for which Spitzer is uniquely unqualified. The top Deputy DAs have been made at-will so that they can be got rid of for political reasons. Rack hasn’t abused this too much that I know of; Spitzer would go head hunting.
This is fun: here we have one Democrat favoring each poor choice and one Republican doing the same.
In response to the “devil we know” advocate from the red team: first, perhaps those job classifications for the Deputy DAs could be changed after the election. Better job security wouldn’t be a bad idea for recruitment! But second: if Spitzer goes head-hunting or otherwise grossly abuses power, he’ll be gone in four years. He’ll be subject to closer scrutiny in this office (counterintuitive, but I think true.) There will be massive leaks from his office if he acts abusively towards his professional staff, enough so that the wind from their being propelled from the Central Justice Center will turn the turbine that powers the Voice of OC.
Really I am saying vote for MURDOCK.
And I am saying that Spitzer is termed out in 2020. If we get rid of him in 2018 in the DA race he’ll have to start hunting for another job to get himself elected to – and it won’t be in County government where he does real harm.
Tony Racetrack in 2018!
I’m with you there, Vern. Although it can’t be emphasized enough that Chumley is one of the five DPOC members who voted to endorse Lenore — and interrupted and cat-called to the point where DPOC Chair Fran Sdao had to tell him to either knock it off or leave the room. It was a nice moment.
No he did not.
Seriously? That’s true?
Which other dpoc members voted for Lenore? And good for Fran putting the Irvine Troll in his place.
Oh yes, he did! The other four were: Lenore’s campaign manager (I think named Ed Garza), some man sitting near him, Denise Penn (which makes me sad), and some woman sitting near her.
I think that Denise may think that she is protecting the interests of fellow LGBT Chair Eric Bauman, who STILL has not removed Lenore from the position of Vice Chair of the CDP Credentials Committee. (If so, I think that she was ill-advised: Jeff Letourneau is such a major supporter of Murdock that he recused himself from the committee recommending Murdock’s endorsement, as did Fran herself.)
People all across the party’s sundry factions like and respect Brett — and, more importantly, they realize that God knows that SOMEONE needs to be willing to clear the much out of the OCDA’s office’s stables! I think that a lot of Republicans — and certainly a lot of NPPs and 3Ps — know that as well!
There is a COMPLETE lack of understanding as to the complicated structure of relationships at the District Attorneys office.
Todd is a rarity. Going into politics, challenging his old boss. MOST if not all ADA’S are biding their time until they can roll into a criminal defense or product liability practice.
They NEED the relationships with the supervising DA’S to cut deals for their clients. The intricate dance that is the justice system ( I am TALKING REAL PAYING DEFENDENTS) is so so far from the atrocities that are bandwagonned and cried about.
PD’s can’t come close to what a good defense attorney can.
*The Hot Toddy is rare….and has the weakest handshake in Orange County!
We will have to go with DZ and “The Tony”…this time!
Yesterday at BoS, Todd, stung by criticisms of his dishonest fearmongering from press and his colleagues, let us know that he had gone ahead and looked up how many sex offenders are among the homeless due to be relocated, that he now knows what the number is, and that there are “46 felons who have removed their GPS devices.”
As the kids say, “See what he did there?” He never told us the actual number of sex offenders, but with a smooth SEGUE he gave most people the impression that there are currently 46 homeless sex-offending felons concealing their locations who could very well end up placed somehow in an Irvine or Laguna tent city.
As I told Todd in public comments, “That is some skillful fearmongering!”
Forgive my ignorance . . .
If we can count these people, why aren’t they in prison?
Exactly. It’s all Spitzer bullshit. I’d guess that Tony Racetrack is very near 50% at the moment.
That’s just unacceptable. In all ways.
*AS Kim Jon Un always says: “Defend the DZ!” We agree with him so infrequently that when we do….we have to be firm!
*Additionally, how many of these folks have been put into Rehab homes throughout the county? Come on Hot Toddy….time to share!
IF Racky is near 50% now, which I doubt, he won’t be in a month or so as we move towards early voting.
*Think Positively Dr. D. – oh, that’s right…that’s what you are doing…we see! Face it, Tony hasn’t screwed the pooch on immigrants and because of that….he will be re-elected.
Right, just the felons and murderers who had their cases overturned due to screwups at the DAs office, but hey, let’s focus on what’s important.
I wouldn’t put it past TRak to make his wife 2nd in command. She was a pool lifeguard before Tony had his buddy John Williams, the disgraced and removed former PAPG, hire her as an EA, then promoted her to the 2nd in command. She was then allowed to illegally move into a regular county clerical job making over $100k when others in that same classification made $30k. Though she does not have a law degree, I put nothing past shady T-Rac as he prepares to exit stage right!
Oh and about Todd, it scares the crap out of me that we might have a DA who will prosecute you for looking at him wrong!
What, Peggi Buff-Rack? THIS lady?
Only if it’s *aggravated* wrong-looking, John!
If only the Placentia water tower was full of delicious ethanol.
Congrats Lenore, on your NEW charges of MORAL TURPITUDE http://members.calbar.ca.gov/courtDocs/16-O-12958-2.pdf
COUNT FIVE
Case No. 16-0-1295 8
Rules of Professional Conduct, rule 3-700(D)(1)
[Failure to Release File]
6. Respondent wilfully violated Rules of Professional Conduct, rule 3-700(D)(1), by failing to release promptly, upon termination of employment, to the client, at the request of the client, all the client papers and property, as follows: On February 11, 2016, and on July 1, 2017, respondent’s client, Nira Schwartz-Woods, instructed respondent to release her file materials and documentation to her. To date, respondent has not released to Schwartz—Woods her papers and property.
7. By not releasing Schwartz-Woods’s papers and property to her at SchwartzWoods’s request, respondent failed to release promptly, upon termination of employment, to the client, at the request of the client, all the client papers and property.
COUNT SIX
Case No. 16-0-12958
Business and Professions Code, section 6068(d)
[Seeking to Mislead a Judge]
8. Respondent wilfully violated Business and Professions Code, section 6068(d), by seeking to mislead the judge or judicial officer by an artifice or false statement of fact or law, as follows: on or about November 4, 2016, respondent attached as “Exhibit E” to her “Motion to Quash Subpoena for Non—Trust Fund Banking Records” which she filed with the State Bar Court in State Bar Case No. 16-O-12958, a document which she falsely declared under the penalty of perjury to be a “true and correct copy of my retainer with Nira Woods for $20,000.00” which she knew to be a false document at the time she made the declaration and provided it to the State Bar Court.
9. By filing with the State Bar Court a document which she knew to be false, and by falsely declaring under the penalty of perjury that it was a “true and correct copy of my retainer with Nira Woods for $20,000.00,” respondent sought to mislead the judge or judicial officer by an artifice or false statement of fact or law.
COUNT SEVEN
Case No. 16-0-12958
Business and Professions Code, section 6106
[Moral Turpitude: Misrepresentation to State Bar]
10. Respondent intentionally violated Business and Professions Code, section 6106, by committing an act involving moral turpitude, dishonesty or corruption, as follows: on or about November 4, 2016, respondent attached as “Exhibit E” to her “Motion to Quash Subpoena for Non-Trust Fund Banking Records” which she filed with the State Bar Court in State Bar Case No. 16-O-12958, a document which she falsely declared under the penalty of perjury to be a “true and correct copy of my retainer with Nira Woods for $20,000.00” which she knew to be a false document at the time she made the declaration and provided it to the State Bar Court.
11. By providing to the State Bar Court a document falsely purporting to be “true and correct,” which respondent knew to be false at the time she made the declaration and provided it to the State Bar Court, respondent committed an act involving moral turpitude, dishonesty or corruption.
12. A violation of section 6106 may result from intentional conduct or grossly negligent conduct. Respondent is charged with committing intentional misrepresentation. However, should the evidence at trial demonstrate that respondent committed misrepresentation as a result of gross negligence, respondent must still be found culpable of violating section 6106 because misrepresentation through gross negligence is a lesser included offense of intentional misrepresentation.
COUNT EIGHT
Case No. 16-O-10548
Business and Professions Code, section 6103
[Failure to Obey a Court Order]
13. Respondent disobeyed or violated an order of the court requiring respondent to do or forbear an act connected with or in the course of respondent’s profession which respondent ought in good faith to do or forbear by failing to comply with the court’s minute order dated February 10, 2015 , which required that respondent pay a sanction of $875 in the case entitled Bonnie L. Kent and Teri Sue Kent Love in their capacity as Joint Trustees of the James Kyle Kent, Jr. “Spousal Trust” et al. v. Fin City Foods, Inc., et al., Orange County Superior Court case number 30-2014—O0713792—CU-MC—CJ C within 30 days of service of notice of ruling, in willful violation of Business and Professions Code, section 6103.
DATED: May 14, 2018 By:
NOTICE — INACTIVE ENROLLMENT!
YOU ARE HEREBY FURTHER NOTIFIED THAT IF THE STATE BAR COURT FINDS, PURSUANT TO BUSINESS AND PROFESSIONS CODE SECTION 6007(c), THAT YOUR CONDUCT POSES A SUBSTANTIAL THREAT OF HARM TO THE INTERESTS OF YOUR CLIENTS OR TO THE PUBLIC, YOU MAY BE INVOLUNTARILY ENROLLED AS AN INACTIVE MEMBER OF THE STATE BAR. YOUR INACTIVE ENROLLMENT WOULD BE IN ADDITION TO ANY DISCIPLINE RECOMMENDED BY THE COURT.
NOTICE – COST ASSESSMENT!
IN THE EVENT THESE PROCEDURES RESULT IN PUBLIC DISCIPLINE, YOU MAY BE SUBJECT TO THE PAYMENT OF COSTS INCURRED BY THE STATE BAR IN THE INVESTIGATION, HEARING AND REVIEW OF THIS MATTER PURSUANT TO BUSINESS AND PROFESSIONS CODE SECTION 6086.10.
*****************
You smell DA material? Me either.
But this IS the choice of Dan Chmielewski, the Liberal OC, and “OC DEM” … only because this blog opposes her. Thanks for helping re-elect Rackauckas, jerkoffs.