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Taking the 5th -- a New Low for Elected Sheriffs in San Bernardino County? By Robert Conaway

James Ramos, Chair of the San Bernardino County Board of Supervisors
Robert A. Lovingood, Vice Chair of the Board of Supervisors
Janice Rutherford, Supervisor
Curt Hagman, Supervisor
Josie Gonzales, Supervisor
c/o Clerk of the Board of Supervisors, Laura Welsh
385 North Arrowhead Avenue
San Bernardino, CA 92415 Fax No (909) 387-4554

Subject: Asking Sheriff-Coroner-Public Administrator John McMahon & Commander Jeff Rose to resign and pursuant to Penal Code 995.2 et seq, for the County to Cease funding their defense costs

Dear County leadership:

This letter is submitted to each member of the San Bernardino County Board of Supervisors as a privileged communication by a private citizen, petitioning his government for a redress of a grievance protected under the Constitutions of the State of California and the United States.

Following this cover letter is a stipulation from counsel in certain prison litigation against John McMahon, Jeff Rose and Deputy B. Teychea [lead case number 5:15-cv-02515-JGB-DTB].

As a matter of disclosure, I do not represent any of the parties nor do I have any prison abuse cases clients, nor a promise of any work from any firm that is handling same. I write this letter as a private citizen as stated above.

I am persuaded the County needs to terminate Sheriff-Coroner-Public Administrator J. McMahon, Commander J. Rose & Deputy Teychea & to cease paying for their defense under Penal Code 995.2(a).

There are several reasons that terminating the individual defendants pleading the 5th make sense:

1. McMahon’s, Rose’s and Teychea’s attorney [Matthew Harrison of Lewis, Brisbois, Bisgaard & Smith firm] states on page 2, lines 18-21 “ the individual defendants will be required to assert their fifth amendment rights when responding to discovery and defending the case.” A casual reading of the lawsuits shows abuses that shock the conscious, are immoral, unlawful and violations of the inmates’ civil rights are alleged–the legal inference, is they have violated the law which is an allowable inference in a federal civil case.

2. McMahon’s, Rose’s and Teychea’s attorney [Matthew Harrison of Lewis, Brisbois, Bisgaard & Smith firm] states on page 2, lines 13-18 “...the FBI continues to conduct a criminal investigation into the allegations made by Plaintiffs and a federal grand jury has been convened”, reflecting the problem has not been resolved.

3. Widespread improprieties involving the jail are not new for Sheriff McMahon as he was the top officer at the County jail when multiple strip search abuses led to lawsuits and $100,000,000 plus in civil settlements actual and anticipated [which the Board approved].

4. There is no effective oversight without termination, as while the County Grand Jury has a duty to inspect the jails, they have not commented in their reports on anything involving the past decade of known abuses, almost as if the County Grand Jury [ funded by the Board of Supervisors and which has the power to request the Grand Jury investigate any subject within statutory jurisdiction and is advised by a deputy district attorney whose boss, Mike Ramos, is a long time political ally of McMahon and each member of the Board) is scared or intimidated (or both) to address the ongoing problems.

5. McMahon was the last in a line of sheriffs appointed by the Board of Supervisors after a mid term resignation of an elected sheriff facing inquiries, showing a chain of ignoring, at the supervisorial level problems the appointees have had managing the jails lawfully.

McMahon, Rose and Teychea should be asked to resign and the County should not any longer defending them under Penal Code 995.2(a).






Leadership in a law enforcement organization is the process of influencing human behavior to achieve organizational goals that serve the public, while developing individuals, teams and the organization for future service.

After seeing the video shooting and beating death of an unarmed Nathaniel H. Pickett II by an out of control 23 year old rookie San Bernardino County Sheriff's Deputy and his citizen ride along, many questions need to be answered by the leadership within the San Bernardino County Sheriff's Department.

The citizens of San Bernardino County should not rest until questions are answered about the killing of Nathaniel H. Pickett by the Deputy.


Improve Police Transparency & Accountability in California Support SB 1286 to shed light on police misconduct and use of force

Publishers Corner…by Clifton Harris…Publisher Clifton Harris

This can't continue.

Urge your legislator to rein in the abuse by supporting SB 443!

We previously asked for your help in ending civil asset forfeiture abuse — a.k.a. policing for profit. Sadly, the bill we were fighting for was blocked in Sacramento after legislators caved in to the law enforcement lobby. But we're back again this year — and we're down for the fight!

Hold your elected officials accountable and ask them to get it right this time!

Civil asset forfeiture laws were created during the heyday of the war on drugs. They were intended to cripple operations run by drug kingpins. But these laws have been twisted into an ongoing, incentive-driven attack on innocent people who can't afford to fight the government in court. This burden falls disproportionately on people of color.

SB 443 was introduced by Sen. Holly Mitchell to protect innocent Californians from being treated like ATMs by law enforcement agencies seeking to pad their budgets. The bill promotes a simple concept: if someone isn't convicted of a crime, cops can't take and keep their money or property.

The law enforcement lobby has descended on Sacramento, weaving a web of lies to stop this bill from making it to Gov. Brown's desk. But we can't and won't back down!

Take action: Innocent people's personal property shouldn't be up for grabs.

Police seized more property from people in the U.S. than burglars did in 2014

We have a right to know when police officers violate the law, how departments handle these cases, and if and how they hold officers accountable. Unfortunately, when it comes to giving the public access to this important information, California is one of the most secretive states in the country.

In fact, we have almost zero access to information related to serious uses of force, like officer-involved shootings, or police misconduct, including instances of racial profiling and sexual misconduct committed by police officers on the job.

This secrecy hurts public trust in law enforcement, particularly among communities of color, who bear the brunt of police violence and misconduct.

Fortunately, a bill is making its way through the California legislature to give the public access to this much-needed information. The bill, SB 1286, was introduced by Sen. Mark Leno to make police agencies more transparent and accountable to the communities they swore to serve and protect.

Email the Senate Public Safety Committee in the name of transparency and accountability!

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