The Truth About Wrongful Conviction
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The Truth About Wrongful Conviction

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Examines the myths surrounding the conviction of innocent people for crimes they did not commit, and suggests ways to protect yourself and your family from becoming victims of a broken justice system.

Examines the myths surrounding the conviction of innocent people for crimes they did not commit, and suggests ways to protect yourself and your family from becoming victims of a broken justice system.

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  • Justice is Lost in the U.S.
    Defense Lawyers do not have interest and are not at all motivated to “perform for their clients” in any Criminal Cases, especially Public Defenders and or Court Appointed Counsel, despite its “Conflict of their Professional Ethics”, since there are NO adverse consequences and more money will be made especially when the Innocent was found guilty. Defense Lawyer are therefore motivated to not file motions, appear for hearing, sleep during trial, and completely violate their “Professional Conduct” with the Defendant, contrary to the notion of the Constitution that all should be afforded “Effective Assistance of Counsel”. What good is the Constitution if NO ONE, including the Court, Prosecutor, Defense Counsel, and including the BAR has no interest with preserving “Justice” and ensuring “Quality Criminal Defense Counsel”. There is basically no Legal Civil Action that can be afforded “Justice” and make the innocent whole, since the main requirement is “proof of actual innocence” in a setting where the DA goes to any and all extremes to obtain a conviction, Police commit perjury, Judges turn their head when they witness severe prejudice with the accused (Criminal Defendant), and the Defense Criminal Counsel refused to Defend their client. All comments to Justice4allppls@aol.com
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    Sharika
    http://winkhealth.com http://financewink.com
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  • http://www.fioricetsupply.com is the place to resolve the price problem. Buy now and make a deal for you.
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  • Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. Never again can we afford to live with the narrow, provincial 'outside agitator' idea.

    ---M.L.King: Letter from the Birmingham Jail 1963



    MALICIOUS & WRONGFUL PROSECUTION, WRONGFUL ARREST & IMPRISONMENT



    “Prosecution for Profit”



    To summarize the charges filed against me by District Attorney, Gerald T. Shea’s office (Deputy District Attorney, Lee Cunningham) amount to Worker’s Comp fraud (DA Case No. 05-779):

    Guilty

    (1). Making fraudulent insurance claim, in violation of Insurance Code 1871.4 (A) (1) on February 20, 2003.

    In reference to count #1, the District Attorney is knowingly pursuing prosecution based on inconclusive findings from one Worker’s Comp. Physician, Daniel N. Ovadia, M.D.

    Not Guilty

    (2). Making fraudulent insurance claim, in violation of Insurance Code 1871.4. (A) (1) on September 24, 2003.

    With regards to count #2, during the court proceedings, I was under prescribed medications, and I had stated that: “I could not walk without pain”. The statement was incorrectly transcribed as: “I could not walk without a cane”.

    UNJUST LAW





    The prosecutor did the following things to Reginald A. Fagan without just cause:



    · He made a false accusation against R. A. Fagan

    · He failed to give Mr. Fagan due process

    · He fabricated a case around the false accusations.

    · The case was built on a false premise

    · He assumed guilt rather than innocence.

    · He maligned Reginald Fagan, beat him down--trying to convince Mr. Fagan that he did something wrong

    · He failed to prove intent

    · Refused to acknowledge that he had been mistaken





    SAN LUIS OBISPO, CALIFORNIA = JENA, LOUISIANA



    Greetings,



    It is important that I maximize my time for the next two weeks; before I’m incarcerated for the next two years. Let me make it very clear to you I was injured on my job; I have not received appropriate medical care. I’ve never received any workers compensation benefits or monies; this can be documented by the District Attorney's Office.



    I was brought up with a strong work ethic; I’ve never had any problems looking for work. I started my first job one I was in seventh grade at the Compton Car Wash prior to that when I was in elementary school I had a lawn service, washed cars and sold produce from my garden. My father, grandfather and other family members were entrepreneurs; I am from a family of self-starters.



    I have done nothing wrong; I have only spoken up for my rights. It is a tragedy that a disabled student can be sent to prison for no reason. I do not have a criminal record or background. I’m a whistleblower, a man with a backbone, a man who spoke-up about illegal practices being conducted by my employer; I'm being retaliated on!



    How can good people stand by and allow this to take place? Who will be next your son, maybe a brother or maybe your cousin, maybe a next-door neighbor? Injured workers are under attack by unscrupulous insurance companies and profit driven DA’s Offices.



    My constitutional rights have been violated: I did not receive appropriate legal representation by the privatized public defender’s office. My investigation and expert witnesses were botched by the public defender’s office. The DA's office has launched an all-out attack on me! I was charged for exaggerating my injuries on two occasions, but the reality is there was no exaggeration, merely a mean-spirited racist’s agenda driven by the District Attorney's Office. The District Attorney's Office fabricated facts and colluded with criminals to develop a case against me! For profits legitimate injuries are being swept under the carpet to appease my enemies.



    “I did not received a fair trial”



    Judge Tangerman, who is over the case, has a history of violating my Civil Rights as well as others; he is a past attorney for one of the largest developers in San Luis Obispo County. The jury was tainted by slanderous remarks made against me in the local newspapers. Myself and other injured workers formerly complaint to the grand jury but as of today we are told our files have been lost.



    I need help filing a Mistrial and/or Appeal.



    This is corruption the old-fashioned way, right out of the Gilded Age: the local cronies have decided to make an example of the outspoken Black Man (Jim Crow; lynching).



    I challenge good people to do something! Injustice anywhere affects all of us.



    On the Frontline,

    R. A. Fagan

    310-748-4987



    P. S. The above document was prepared using voice activation software; Dragon software.



    Racism is alive and kicking in San Luis Obispo County; Railroading of African-American whistleblower



    Greetings,



    I am writing on behalf of an embattled colleague---African-American injured worker and disabled middle aged tax payer R. A. Fagan. In 1999 he suffered a work related injury while working as a district groundskeeper for the Lucia Mar School District in San Luis Obispo County. While working outdoors; he suffered a Torn ACL--(substantiated by MRI & X-RAY).



    However his Workers Comp Claim was denied. HE RECEIVED NO MONEY. So, he went on with his life and enrolled in college to finish up his undergraduate degree and pursue a master’s degree.



    4 years after his WC Claim had been denied, campus police came into his college classroom and arrested him and the SLO County DA's office charged him with making a fraudulent worker’s comp claim.



    Similar workers Comp fraud cases in SLO County Superior Court had been dismissed because the Insurance company's Private Investigator (and Prosecutor's key witness), Anthony Esparaza's credibility had been compromised through falsified testimony and illegally obtained surveillance video



    · For example Judge Michael Duffy, in 2006 threw out a similar WC Fraud case as did Judge Dodie Harman. Mr. Fagan has maintained his innocence all along. Additionally exculpatory evidence (i.e., X-Rays, MRI's medical reports, expert witnesses) were all denied by the court. One of the judges threatened that if Mr. Fagan would not take a plea, then he would send Mr. Fagan to jail.



    · In January 2007 Judge Christopher G. Money asked defendant Fagan's court-appointed public defender WHY MR. FAGAN'S CASE HAD NOT ALSO BEEN DISMISSED and why it was allowed to go this far. The public defender could give no legitimate reason.



    The simplest answer is there is a state backed financial incentive to convict even an innocent man with no criminal record. Essentially, the DA's office is Prosecuting for Profit.



    My Colleague R.A. Fagan is scheduled for a sentencing hearing on Monday, October 29. We have not been successful at getting his public defense attorney to obtain the court transcripts or to even request additional motions.



    We have therefore constructed a MARSDEN MOTION and a MOTION FOR CONTINUENCE.



    Unfortunately, Mr. Fagan is at the end of his rope. He's not in good medical shape and the stress is exacerbating his medical conditions. In addition to his Torn ACL, he struggles with nerve impingement and neuropathy in both of his arms. Mr Fagan is not up to being a lawyer for himself in this antagonistic and hostile courtroom.



    Your assistance in this matter is most appreciated



    Sincerely,

    Ms. Brown



    “Over the past year the small town of Jena, Louisiana, has vividly established the genealogical link between the two generations of Jim Crow. Paradoxically it has taken the symbolism of the old -- complete with nooses and all-white juries -- for the nation to engage with the substance of the new: the racial inequalities in America's penal and judicial systems.”





    Subject: Attorney specializing in Worker's Compensation/Insurance Fraud



    Dear Legal Community:



    I am in need of legal representation. I'm being falsely accused of insurance fraud. I was injured on my job approximately six years ago. I was not able to receive appropriate legal representation during my workers comp trial. The litigation has been dragging on for four years now. I have seen well over 40 medical providers who have substantiated my injuries. I was a whistleblower who spoke up of an unsafe, unhealthy work environment. I am an African-American who is outspoken, courageous, and willing to speak up when things are not right or just. I'm being retaliated on by a group of mean-spirited bigots. Several employees of the School District warned me many years ago that I would never win any battles; in fact, the District would go out of their way to destroy me. I have all of the appropriate records. I have witnesses to substantiate my facts. I never received any workers compensation benefits but yet the persecution persists!



    I'm a full-time disabled student who is a recipient of SSI, Medi-Cal, and the California State Rehabilitation Program. All of my disabilities have been substantiated by the above agencies. I have been attending the local community college for the past two years. I hope to transfer to a four-year college and complete my degree in agriculture education. I hope one day to become an instructor of natural resources and agriculture. I moved to San Luis Obispo County over nine years ago. I have worked as a seasonal park ranger, camp host, custodian and a groundskeeper. My goals have always been to reconnect underrepresented populations to the land.



    It's a sad day that African-Americans who live in rural areas do not receive proper medical care and legal representation. There is so much corruption in San Luis Obispo County and abuse of power! Is nearly impossible for an African-American to compete, the playing field is not even! Will you please contact me if you or any of your colleagues are available to represent me with his legal matter?



    Sincerely,

    Reginald A. Fagan

    310-748-4987



    Anyone Willing To Fight for Justice!





    From 1996 to present, I have been confronted with a multitude of obstacles.

    · Disabilities; extreme pain

    · Lack of access to competent medical care.

    · Lack of access to qualified legal representation.

    · Never receiving my workers compensation benefits.

    · Slandering by my past employers and their associates.

    · Discrimination within the social service arena; Public Assistance, California State Rehabilitation Department, Social Security Office,

    State Disability Insurance (EDD), Medi-Cal; high levels of prescription drugs.

    · Housing, being forced to stay in substandard living quarters. Along with discrimination from the SLO Section 8 Program.

    · Institutional racism at the local community college; unfair treatment with distribution of financial aid and other specialized services.

    · Various personal damages due to shoddy services and products.

    · Lack of support from various community leaders.





    “The day that we see the truth and fail to speak is the day we begin to die”

    - Martin Luther King, Jr.



    7/7/2006



    From: Injured Worker R. A. Fagan



    Subject: Request for Judges Martin J. Tangeman and John A. Trice to recuse themselves



    Cc: Victoria B. Henley, Director Commission on Judicial Performance



    Date: September 3, 2007



    This correspondence serves as a formal request for Judge Martin John Tangeman and Judge John Alexander Trice to recuse themselves from my case to include my sentencing hearing because I don’t believe that I can receive fair treatment, hence a fair sentencing from either of them. It also serves as an informal complaint of judicial misconduct.



    I don’t believe I will receive fair treatment now or in the future because I was not able to receive fair treatment in all of the preceding court appearances and the trial. They both worked from the presumption of guilt instead of the presumption of innocence, thereby creating a biased and hostile climate and 'judicial' process. They both vilified me and treated me like I was a criminal who was guilty when they knew in fact that I was not guilty. They both set out to lynch me.



    In 2006 Judge Michael Duffy set a precedent by throwing out the Workers Comp Fraud cases in which Private Investigator Tony Esparaza (himself a convicted felon) provided false and misleading testimony based on illegally obtained surveillance video. Judge Dodie Harman blocked Mr. Esparaza’s testimony in 2006. Other judges within the San Luis Obispo County Superior Court have thrown out similar WC fraud cases YET Judges Trice and Tangeman in collusion with Deputy DA Cunningham, continued to persecute me under false charges.



    In January 2007 Judge Christopher G. Money asked Public Defender Paul Phillips why my case had not been dismissed and why it had even gone this far. This was a legitimate concern on the part of Judge Money because (1) I had not received any money, (2) I was arrested 4 years after my Workers Comp claim was denied and (3) prosecution failed to prove INTENT TO DEFRAUD.



    I believe that this case has been dragged out for reasons unrelated to justice, but rather related to the personal biases and interest of the DA’s Office and the 2 judges involved in my case.



    Both judges Tangeman and Trice have created a hostile courtroom environment in which it was impossible for me to be found not guilty. They both allowed the over zealous deputy DA to run roughshod through prevarication and to prejudice the jury against me.



    I believe that their actions are racially motivated as well as retaliatory. I believe their actions are racially motivated because (a) similar cases involving White defendants have been thrown out by SLO Superior Court judges; (b) I have done nothing wrong except being an outspoken and indigent African American, instead of wealthy and White. (c) There is a disproportionately high rate of prosecution, coerced pleas and conviction of minority citizens in SLO County.



    I believe that Judge Tangeman harbors a personal dislike for me that goes back to several years ago when I stood before him in court as a plaintiff in housing court in an asbestos case. Judge Tangeman undermined a federal investigation in that case.



    Judges Tangeman and Trice have cause for retaliation because I raised the questions of judicial misconduct, conflict of interest as well as a conspiracy, colluding with false prosecution for pay and the suspicion of receiving pay offs and trading favors.

    Also, I made a written complaint to the California Attorney General as well as the Justice Department. Additionally, I made a complaint to the Grand Jury. Further, I have complained continuously about violations of my ADA reasonable accommodations order (to include disregard for excusable neglect).



    Judge Tangeman and I have a negative history relating to housing court and ADA regulations. He determined a number of years ago that he did not like me, would not treat me justly and would not make any fair decisions regarding my case.

    Both Judges Tangeman and Trice know that I have medical and disability issues. I believe that they are not applying justice evenhandedly, but rather they are trying to destroy me through abuse of their position and power.



    Additional concerns include but are not limited to:



    Judge Tangeman’s wife works in the SLO DA’s office. Despite her position on throwing out a significant number of workers Comp Fraud prosecutions, Judges Tangeman and Trice continue to lynch me. I believe they’re literally trying to kill me by ignoring my medical conditions.



    Judge Trice threatened my Public Defense attorney that if I don’t accept a plea bargain (despite my innocence) that he will send me to jail.



    Judge Tangeman has indicated that he will not grant any motions that I make.

    I believe their actions are racially motivated, as they both have a high rate of convictions of indigent and ethnic/racial minority defendants.



    I believe that both Judge Trice and Tangeman are trying to make an example out of me—showing what happens when an innocent person maintains their innocence (bucks the system).



    Did not allow defense to inform jury that I did not receive any money from Workers Comp

    The prosecutor was not able to prove intent to defraud, yet the judges allowed the lynching to continue.



    He allowed Deputy DA Cunningham to engage in a minstrel-show theatrics for the purpose of misrepresenting my actions and intentions.



    Essentially because I hobbled into the Medical Examiner’s office (my joints and muscles had stiffened after 6 hours of sitting in the waiting room), I am being charged with exaggerating my work-related injury, a Torn Anterior Cruciate Ligament (ACL)

    The MRI’s and X-rays were not allowed to be entered as evidence in my defense

    Disallowed expert witnesses for defense

    Disallowed medical reports and records

    Unreasonably Quashed most of defense’s motions

    Both judges allowed Prosecutors to curry favor with them

    High rate of convictions favors DA for re-election. DA has deep pockets enough to reward all who assist his efforts

    Based on my recent and past experience with Judge Tangeman, I don’t believe that he will be fair in sentencing me. Also, I don’t believe that I will receive a fair sentencing from Judge Trice.





    From: R. Anthony Fagan (Case # 05-779)



    Subject: Marsden Motion: Dismissal of Court Appointed Public Defender



    A. The purpose of this correspondence is to request the court grant me a Marsden Motion to terminate my court-appointed Public Defender Paul Phillips for reasons of INADEQUATE REPRESENTATION, BREAK DOWN OF COMMUNICATION; WILLFUL NEGLECT and IRRECONCILABLE DIFFERENCES.



    B. Additionally, I am requesting time to find and hire an attorney who can zealously and fairly represent me and my interests.



    C. The list of concerns surrounding the current Attorney/Client relationship includes, but is not limited to the following:



    1. When in January 2007, Judge Christopher G. Money asked Public Defender Phillips why my case had not been dismissed (why he had not made a motion for dismissal) in light of all of the other dismissed WC Fraud cases; Mr. Phillips had no legitimate response



    2. Attorney Phillips has not worked to zealously defend client, but instead sold client down the river



    3. Attorney Phillips made himself inaccessible by

    Refusing to provide contact information

    Refusing to take phone calls

    Refusing to return phone calls

    Refusing to respond to written requests

    Refusing to discuss strategy with client

    Exparte negotiations with Prosecutor

    Ignored client’s ADA accommodations order

    Reneged on promise to interview and use client’s expert witnesses

    Reneged on promise to use Private Investigator

    Placed burden of law on client

    Intentionally prepared inadequate defense

    Distanced himself from client at court appearances and hearings

    Refused to utilize all resources and avenues at attorney’s disposal

    Has argued with client and has insulted client

    Refused to obtain court transcripts at client’s request

    Has neglected to work in client’s best interest

    Injustice anywhere is a threat to justice everywhere.



    Dear Ms. Karen Bass,



    I am writing to you concerning San Luis Obispo Affordable Housing and the District Attorney's Office of San Luis Obispo County.



    I will be available to discuss problems in this County regarding problems that are well known by the communities in the county.



    The selective enforcement aspect of the District Attorney's Office is of particular concern. Mr. Fagan's life has been overwhelmed by malicious oversight and prosecution by out-of-control agencies who are currently discriminating against Mr. Fagan as a whistle-blower about environmental and housing shenanigans carried out by the powers that be in an attempt to discourage Mr. Fagan, as well as others in San Luis Obispo County, from speaking out about the way public agencies are handled from the top down.



    I have personal knowledge of 3 grand jury complaints that are before the Grand Jury presently. There report should come out in June.



    I also have personal knowledge of 3 Attorney General Complaints submitted to the Department of Justice in Sacramento.



    I am available to comment on these problems with your office.



    Let me know if I can be of service to you in understanding exactly what is going on here in regards to Affordable Housing, Selective Enforcement, as well as, non-enforcement of public policy and the manner in which business as usual is convoluted, inefficient, and misleading with regards to the interests of the public vs. the use of public funds to cover-up detrimental environmental and public safety issues that are being swept under the carpet.



    The Open Government Transparency is compromised by what appears to be a well-orchestrated system of inner-agencies complicity and dubiousness.



    I worked for the San Luis Obispo Superior Court for 15 years as a court reporter. I am familiar with the status quo of doing business in the jurisdiction.



    Feel free to contact me in the future.



    Sincerely,

    Marla Jo Bruton

    490 Java St.

    Morro Bay, Ca. 93442





    'All it takes for evil to triumph is for good men to do nothing!'



    To: Paul Phillips, Attorney

    From: Reginald Fagan, Client

    Subject: Continuance

    Date: Tuesday, September 18, 2007



    Mr. Phillips, the purpose of this correspondence is to formally request that you ask the court for an extension on our continuance for the sentencing hearing. I am requesting a longer time for the following reasons:



    1. Two weeks is not a reasonable amount of time to take care of my health issues

    2. I believe the probation office recommended a longer continuance than 2 weeks.

    3. My doctor recommends a longer amount of time than 2 weeks.



    Your prompt attention and cooperation in this matter are most appreciated.



    Dear Dr. Austria



    My name is Dr. Brown (PhD.) I am a colleague of Reginald Fagan as well as am part of an injured workers coalition working to help prove Mr. Fagan’s innocence and keep him from becoming incarcerated in what is clearly a case of railroading and a miscarriage of justice.



    From looking at copies of medical reports it is apparent in my layman’s view, that Mr. Fagan is not medically fit to attend the upcoming sentencing hearing. Given the stress and pain from Mr. Fagan’s physical ailments on top of his cognitive challenges (ADHD & Epilepsy), it would not be just or humane to subject Mr. Fagan to yet another round of de facto injustice by a hostile court system. This is too much for anyone to bear much less an ailing and innocent man. Mr. Fagan is scheduled to appear at a sentencing hearing on Monday, September 10 (3 days from today).



    Dr. Austria, would you please write a brief memo with your professional opinion/statement of fact to the Statewide ADA Accommodations Coordinator as well as CC to the San Luis Obispo Superior Court describing Mr. Fagan’s medical, emotional, cognitive, mental and physical condition as it relates to the timing of this court appearance?





    Linda McCulloh

    ADA Resources Coordinator

    Education Division

    Judicial Council of California - Administrative Office of the Courts

    455 Golden Gate Avenue

    San Francisco, CA 94102-3688

    415-865-7746

    linda.mcculloh@jud.ca.gov

    www.courtinfo.ca.gov



    As we speak, an injured and disabled worker, REGINALD ANTHONY FAGAN, in San Luis Obispo is in court being railroaded by disgruntled and blood thirsty San Luis Obispo District Attorney Cunningham.



    The judge, DA, and even the public defender are all a part of this elaborate 'pay for prosecution' scheme. It's unconscionable. Although Mr. Fagan:



    · Obviously injured and has documentation and medical records that show his injury

    · Did not receive any money for worker's comp

    · All of his ADA rights have been violated

    · An interim judge asked the DA and the Public Defender why Mr. Fagan's case had not been thrown out with the rest of the worker's comp fraud cases

    · Mr. Fagan contacted the SLO Grand Jury

    · The investigators that the DA and insurance company hired is a felon and obtained bogus information illegally

    · Mr. Fagan is still struggling with his disabilities

    · Mr. Fagan is homeless



    The Judge, DA and public defender has mounted a despicable and unconscionable offense that gives Mr. Fagan no way to be found not guilty. This collaboration will make sure that Mr. Fagan is convicted at any cost. He has been fighting this case for several years now and despite the incompetence of the public defender, the judge is allowing the hearing to 'go forward' in order to carry out their agenda of 'pay for prosecution'.



    Can the CIAW group and/or perhaps the workers Memorial Day group assist Mr. Fagan in some way?



    His trial began today and is scheduled to end on Friday. Can you help keep an innocent injured and disabled worker out of jail?



    Your assistance in this matter is needed and most appreciated.



    Sincerely,

    Ms. Brown



    California has a $394 million Justice Gap

    Legal disparity in San Luis Obispo County!







    I. SUMMARY

    To summarize the counts filed against me by the District Attorney, Gerald T. Shea’s office (Deputy District Attorney, Lee Cunningham) amount to Worker’s Comp fraud (DA Case No. 05-779):

    Guilty

    (1). Making fraudulent insurance claim, in violation of Insurance Code 1871.4 (A) (1) on February 20, 2003.



    II. REBUTTAL

    In reference to count #1, the District Attorney is knowingly pursuing prosecution based on inconclusive findings from and false accounts/statements attributed to one Worker’s Comp. Physician, Daniel N. Ovadia, M.D.

    Dr. Daniel Ovadia MD was the medical examiner paid by Worker’s Compensation Administrators (SIPE) and who conducted a harried and somewhat shallow medical evaluation on me on February 20, 2003.

    I was given a heads-up, by the legal firm representing me that Daniel N. Ovadia was pro insurance company and he would be very rude and try his best to discredit me.

    Question on the table is there 'no reasonable doubt'? Did the District Attorney prove without reasonable doubt that with 'Count One' that my motivation was to come in to Dr. Ovadia’s office with the intent to manipulate the truth or to give a false impression?

    The burden of proof is on the District Attorney's Office. Assistant DA Cunningham did not prove guilt; the problem was that Public defense attorney Phillips did not develop a zealous defense to offset the hearsay argument.



    II BACKGROUND

    A. I scheduled a medical examination with Dr. Daniel Ovadia MD (Appointment February 20, 2003 @11:30am)

    Key points:

    On the witness stand Dr. Ovadia stated that he “forgot to ask during the medical evaluation, if I was taking any prescription medication”. This was vital information, as the fact that I was heavily medicated for chronic pain had a direct impact on my physical and mental state during all subsequent court appearances.

    Prior to my appointment, I received a mailed memo that read,” . . . In all fairness to you and myself, our office has developed a comprehensive questionnaire which you will be required to complete prior to the time of your evaluation. At the time of your examination I will review this questionnaire with you… “(Attach letter).

    Also prior to my appointment, I phoned and indicated that I would need assistance filling out the same questionnaire because of my physical challenges associated with writing. Dr. Ovadia’s staff told me it would be okay to come in early and have someone help me fill out the questionnaire in light of my difficulty with writing.

    B. Counter Points: Neglect to gather and consider vital medical background information.

    1. Although, I requested assistance in filling out the pre-exam questionnaire, prior to and upon my arrival at my scheduled appointment, I did not receive the assistance. I was told that the medical examiner had sufficient information about me.

    2. Therefore vital information about my health, and medical history had been overlooked and neglected. It seems to me there should have been more of an effort to assist me with completing the questionnaire since it had so much weight attached to it.

    When, I requested assistance the office manager told me that it was not necessary. Yet I observed several Spanish-speaking individuals in the lobby being assisted with completing their questionnaires.

    Dr. Ovadia became upset with me because I had not completed the form, but went on with the evaluation any way.

    Although my torn ACL injury and my prescription drugs had been documented prior to the appointment these factors had been neglected by Medical Examiner, Daniel N. Ovadia, MD

    Reviewing Dr. Ovadia’s report clearly show's there was no mention of prescription medications.

    Dr. Ovadia stated, on the witness stand “that he forgot to ask during the appointment, if I was taking any prescription medication.

    During the evaluation Dr. Ovadia left the room on several occasions to see another patient. He testified that this was a normal practice. I believe he may have confused my evaluation with another patient’s.

    Dr. Ovadia took no x-rays or MRI’s. He evaluated me three years after my injury.

    It appears that Dr. Ovadia had already established a system of assembly-line medical examination and paper milling with no attention paid to patient’s individual medical history. In my particular case, Dr. Ovadia seems to have planted a seed that would later grow nearly $70,000 for him and his cronies.

    C. Time Line & Account of Extenuating Circumstances Surrounding My Medical Evaluation

    1. I left Sacramento on the night of 2/19/03 and drove a total of six hours-- roughly 300 miles one-way. I arrived at the Dr. Daniel Ovadia‘s office early around 5 a.m.; I slept in my car for about 3 and 1/2 to 4 hours.

    When the office opened at 9 am; I was the first patient in the office, I asked the receptionists if she could assist me in completing their questionnaire that had been mailed to me in light of my physical challenges and our previous agreement. She told me that I would have to wait until additional staff came into work.

    After sitting in the lobby for two hours and observing other patients being assisted by Spanish interpreters to complete their forms, I felt compelled to go back up to the desk to ask for assistance again. The lady told me that she was sorry no one had helped me; she stated there was no need to worry because “we have enough information on you”.

    The doctor was running three hours behind. To my knowledge, Dr. Ovadia was the only doctor in the office performing the medical examinations. There were nearly 15 Spanish speaking farm workers. Also, there were several white patients who were very dissatisfied by the lack of professionalism and having to wait such long hours.

    On the scheduled date of my appointment I finally met with Dr. Daniel N. Ovadia at roughly 2:30 p.m.—three hours later than my scheduled 11:30 a.m. appointment. Seemingly because of the large volume of patients I was forced to wait in the lobby for an additional three hours.

    By the time Dr. Ovadia finally saw me, I was not feeling well as I was fatigued from sleeping in my car over night (in the winter), and my joints and muscles had stiffened up.

    There were a number of challenges and barriers surrounding my medical examination with Dr. Ovadia. To put it in perspective:

    I had driven all night to get to the appointment on time

    I arrived at Daniel N. Ovadia office at roughly 5:30 a.m.;

    I slept in my car until his office opened at 9 a.m. *During February overnight temperatures drop as low as 28°

    I requested assistance in completing paperwork but was told it was unnecessary to complete the pre-examination paperwork because they had enough information.

    From 9 a.m. to roughly 2:30 p.m. I was forced to sit in a lobby and observe others being assisted with filling out their paperwork.

    I was not able to get into Dr. Ovadia’s office until roughly 2:30 p.m. And I was not seen until around 3pm

    By the time I went to Dr. Ovadia’s office, I had stiffened up and had cramps in my leg on top of my torn ALC work-related injury. Because of the cramping and stiffness, I limped for a while.

    When Dr. Ovadia finally saw me at roughly 3:00 pm, he asked for the questionnaire. I explained to him that the nurse indicated that it was not necessary to complete the questionnaire (forms) because they had enough information.

    I also explained to Dr. Ovadia prior to the appointment that I was told by his staff on the phone that it would be OK to come in early and someone on his staff would assist me with filling out the paperwork due to my difficulties with writing.

    He became very upset and told me that it was my responsibility to get the questionnaire completed. I brought it to his attention that I had come in two hours earlier with the sole purpose of getting assistance in completing the forms, I also brought to his attention that the various Spanish-speaking patients were getting assistance in completing their forms in his lobby. I informed Dr. Ovadia that as a person with documented disabilities, I am guaranteed reasonable accommodations by the Americans with Disabilities Act’s.

    From that point on he was very rude and would not look me in my face. His customer service; bedside manner was abrasive and hostile. Once I was in his examination room the complete evaluation took less than 30 minutes. There were no x-rays or MRI conducted. He stated that he had not seen any of my other medical records.

    On the witness stand Dr. Ovadia stated that he “forgot to ask during the medical evaluation, if I was taking any prescription medication”.

    The question is how many other things did the doctor forget or confuse?

    III. BASIS FOR DA’S ARGUMENT USING TESTIMONY ATTRIBUTED TO DR. OLIVADIA

    A. There were video footage taken on February 9th, 13th and the 15th totaling 91 minutes where I was videotaped taking my luggage into motel room; I was homeless. This misleading video was used to create a foundation for the District Attorney's argument.

    They alleged that when I met with Dr. Ovadia on February 20th, the cramp in my leg was made up. They're trying to tie a link between the 9th, 13th and 15th and my appointment on the 20th of February; they are concluding that I was emulating differently in the video footage.

    There is no discussion of pain medication. There is no discussion of the long drive, sleeping in the car; in the doctor’s parking lot prior to my appointment and being forced to wait in the lobby (very uncomfortable chairs) for nearly 3 hours before seeing the doctor.



    It would stand to reason that following a long drive using my right leg (the injured one) to accelerate and break my car; sitting in the waiting room for 3 hours, and the inability to take my pain medicine that over a long period of time a cramp could develop in my leg. Without a hot bath or shower to loosen up my joints and muscles, conditions of the torn ACL, arthritis and a tumor would be exasperated





    Injured Workers 'Left to Languish'



    * I applaud your work to enlighten us on the workers' comp system problem (Aug. 6-7). I am a psychiatrist and have been asked to treat several injured workers. They have tragic stories. Men and women in mid-career with witnessed injuries and multiple surgical interventions left to languish for years dependent on the whims and errors of insurance companies for their livelihoods. Workers become patients and true rehabilitation is postponed. The unseen effects of the process are despair, divorce and bankruptcy. The system employs doctors, attorneys, investigators and insurance companies. These folks seem to get more out of the system than the injured workers we might wish to protect. The medical fees are structured to pay the dueling experts at twice the rate that treating physicians are reimbursed. Attorneys receive a minimum of 15% of the settlement. The aggressive efforts to detect fraud defy logic. I recently had an investigator tail a patient into my office waiting room. I hope your article initiates changes. No system is perfect, but we can do better.



    JOSEPH A. SCHWARTZ MD

    San Luis Obispo



    “Prosecution for Profit”



    Nightmare in San Luis Obispo: False Workers Compensation Fraud ...

    Source: www.indybay.org --- Wednesday, August 01, 2007 another injured worker Reginald Anthony Fagan faces being jailed in a trumped up workers fraud case. ...

    Nightmare - http://www.rssmicro.com/?f=1&q=Nightmare

    Nightmare in San Luis Obispo: False Workers Compensation Fraud ...

    by California Coalition For Workers Memorial Day Another injured worker Reginald Anthony Fagan faces being jailed in a trumped up workers fraud case. ...

    Workers Compensation - workers-compensation.blamfluie.com/archive.html

    Racism is alive and kicking in San Luis Obispo County; Railroading of a African-American whistleblower





    Subject: URGENT: Stop the Jailing of Union Activist Whistleblower



    Friends,



    I am sending this information to activist lawyers in hopes that one of you will assist injured worker Reginald Fagan. A native of Compton, California, Reginald was a whistleblower over unsafe conditions at his job as a school groundskeeper in San Luis Obispo County. After sustaining an on-the-job injury, Mr Fagan filed a workers comp claim. He has to date never received ANY workers-comp funds. Yet he was unjustly targeted by the racist, privatized District Attorney's office: arrested for filing a fraudulent workers comp claim, denied appropriate representation at the trial, and was victimized by a botched investigation.



    Mr. Fagan has spoken with and written to me regarding the handling of his case, and I can only conclude that if there were a 'Mumia Abu Jamal' of workers' comp law, it would be him. In the meantime, he is disabled with several injuries, has lost his job and his home, yet he remains an articulate, determined fighter for his rights and the rights of other injured workers. He urgently needs assistance in filing an appeal or mistrial.



    I have attached a chronology detailing the events, court decisions, and violations of civil rights Mr Fagan has been subjected to. It will give you a clear picture of exactly what has happened to him and how egregious the violations have been.

    In Solidarity,

    Cindy Henderson



    Now consider this: Black folks nationally calling for a boycott of

    San Luis Obispo County’s: Tourism and Agricultural industries.



    Stop the Jailing of San Luis Obispo Injured Worker Reginald Fagan

    On January 7, 2007



    Hearing:

    Monday, January 7, 2007 at 1:30 PM at

    Judge MARTIN J TANGEMAN Court #9

    1035 Palm St Rm 385

    San Luis Obispo, CA 93408

    (805) 781-5936

    805-781-5670

    Injured worker, environmentalist and health and safety activist Reginald Fagan faces prison as a result of a retaliatory prosecution by the San Luis Obispo District Attorney and a biased Judge Tangeman.

    The DA has spent tens of thousands of dollars prosecuting Fagan although the workers comp claim was over 4 years ago, Fagan received no money from his claim and there was never any intention to commit fraud by Fagan proven in the court. Fagan is presently homeless and in poor physical health. The county appointed public defender Paul Phillips has refused to correspond with Fagan and refuses to return calls. He also refused to call any witnesses for Fagan's defense and is refusing to get the transcripts for the case.

    At the same time there is a growing corruption crisis in the San Luis Obispo School District because of the illegal practices of the private investigator Anthony Esparaza who was hired to spy on injured workers by the district. Other cases he was involved in have been thrown out of court because of illegal video surveillance and the fact that he is a convicted felon with who is now involved in fabricating evidence against injured workers.

    http://www.newtimes-slo.com/index.php?p=showarticle&id=1666

    http://www.newtimesslo.com/index.php?p=showarticle&id=1948

    The charges must be dropped against Reginald Fagan and he needs to get restitution for the vicious attack on his health and living conditions.



    Attend the hearing and send letters and faxes of protest to:





    Congressman John Conyers

    14th Congressional District, Michigan

    2426 Rayburn Building

    Washington, D.C. 20515

    202-225-5126

    202-225-0072 (fax)

    C/o Ms. Cynthia Martin; Chief-Of-Staff

    Cynthia.Martin@Mail.House.gov



    Congresswoman Lois Capps

    23rd Congressional District, California

    Washington, D.C.

    1110 Longworth House Office Building

    Washington D.C. 20515

    Phone: (202) 225-3601

    Fax: (202) 225-5632

    http://www.house.gov/capps/23disrict/23.shtml

    capps@silcom.com

    Or

    Santa Barbara

    101 W. Anapamu St., Suite C

    Santa Barbara, CA 93101

    Phone: (805) 730-1710

    Fax: (805) 730-9153



    The 23rd Congressional District lies on California's South and Central Coasts and is considered one of the most beautiful areas in the country. The district includes sections of Ventura, Santa Barbara, and San Luis Obispo counties, stretching from Oxnard in the south to the Monterey County line in the north.



    Office California Department of Justice

    P.O. Box 944255

    Sacramento, CA 94244-2550

    Tel: (916) 322-3360

    C/o Attorney General Edmond Jerry Brown



    Commission on Judicial Performance

    455 Golden Gate Avenue, Suite 14400

    San Francisco, Ca 94102-3660

    415-557-1200

    415-557-1266 (fax)

    www.cjp.ca.gov

    C/o Ms. Karen Clay

    karenc@cjp.ca.gov





    Judicial Council of California - Administrative Office of the Courts

    455 Golden Gate Avenue

    San Francisco, CA 94102-3688

    415-865-7746

    www.courtinfo.ca.gov

    C/o Linda McCulloh

    ADA Resources Coordinator

    Education Division

    linda.mcculloh@jud.ca.gov





    State Bar of California

    180 Howard St.

    San Francisco, CA. 94105-1639

    Tel: (415) 538-2161

    Or

    1149 S. Hill St.

    Los Angeles, CA 90015-2211

    C/o Mr. Randall Pifunporum, Director of Professional Compliance



    California Department of Insurance

    300 Capitol Mall, Suite 1700

    Sacramento, CA 98814

    Tel (916)492-3500

    C/o Steve Poizner; Insurance Commissioner





    Commission on Health and Safety and Workers' Compensation

    http://www.dir.ca.gov/CHSWC





    Superior Court of California

    County of San Luis Obispo

    1035 Palm Street Rm. 385

    San Luis Obispo, CA 93406

    San Luis Obispo Courts

    Tel: (805) 781-5473

    (805) 781-5936

    C/o Presiding Judge P. Pickuel

    Please send copies of your letter to the CCWMD



    Also a Reginald Fagan Defense Fund has been set up by the California Coalition for Workers Memorial Day.

    You can contribute to this fund by sending a check to



    CCWMD/Fagan Defense

    P.O. Box 720027

    San Francisco, CA 94172



    Racism is alive and kicking in San Luis Obispo County; Railroading of a African-American whistleblower



    INJURED WORKER: VICTIM OF WORKERS COMP SYSTEM FACES JAIL TIME

    by Rae Jones

    (Los Angeles, CA)



    Reginald A. Fagan is an intelligent and outspoken man. And, this tendency to speak up apparently is what got him into trouble. At least, that's the only conclusion that can be drawn since he has done nothing wrong, except fight back. His story is almost unbelievable, but here is the quick and easy version. A Watts native and most recent resident of San Luis Obispo, CA, Fagan was hurt on the job, filed for workers compensation, was denied workers compensation, then fired from his job, after which he lost his home. More than four years after he originally filed for and was denied workers

    compensation he was charged with workers compensation fraud, dragged through the court system. And, found guilty. Of course, during the more than four years between the times he filed for workers comp and was denied it, Fagan did other things. After he lost his workers comp claim to the Lucia Mar Unified School District where he served as a groundskeeper and was hurt in December 1999, he appealed it. When in January 2000 his supervisor there threatened, 'I'm going to destroy you?' he filed an acknowledged written complaint with the school district superintendent. The District terminated him in February 2000, without the option to continue his medical benefits although he already had been diagnosed with conditions that required surgery, he fought it. And, when he lost his home, he applied for Section 8 Housing assistance and received it, only to end up renting a property that illegally contained asbestos. When Fagan complained and the owner refused to do anything about the asbestos, he called in the U.S. Department of Housing & Urban Development's regional office (Fair Housing and Equal Opportunity) and the Air Pollution Control District of the County of San Luis Obispo. These agencies pursued Fagan's claim until in the midst of it the San Luis Obispo District Attorney

    charged him with workers comp fraud, after which the agencies dropped their investigation. Afterwards, Fagan went back to school where for two years he

    was a straight 'A' student. It was at the school, in front of his classmates and peers, that he was handcuffed, arrested and taken to jail. Currently 49 years old, Fagan was diagnosed with epilepsy and other developmental disorders at an early age. As a result of his work-related injuries he also has been diagnosed with a torn Anterior Cruciate Ligament (ACL), severe arthritis, a tumor, nerve impingement, carpel tunnel, muscular dystrophy and an assortment of other physical disorders, all substantiated by medical doctors. The apartment Fagan had was entered, illegally. Mail at his post office box was opened without his permission. The San Luis Obispo District Attorney has had unrestricted access to his medical records without consent. To add to Fagan's troubles, the San Luis Obispo District Attorney's office hired a private investigator to the tune of $28,000 who has followed Fagan around illegally and video taped him in an attempt to mitigate his medical claims.



    In the interim, Fagan has not received a dime. As a result, some nights Reginald Fagan sleeps in his car. Unfortunately, he is not the only one. Although statistics are not available, it has become clear that thousands of injured workers, who have been denied workers compensation, end up homeless, according to Steve Zeltzer, chair of the California Coalition for Workers Memorial Day. 'A high percentage of workers can't get compensation and are subject to retaliatory prosecution by the district attorney's offices who primarily work on behalf of the employers and the insurers' he added. 'In Reginald's case it's a complete frame-up. They don't like people who fight for justice and speak out? They are also cost shifting the cost of workers injuries to SSI, Disability Insurance and public hospitals. This is a billion dollars cost shifting scam fraud by the insurance companies and self insured employers' said Zeltzer Most recently involved with this retaliatory prosecution is the case of Anita Blick, who was charged with fraudulently claiming workers compensation benefits after sustaining an injury as a police dispatcher in the City of Atherton/San Mateo County. The California Coalition for Workers Memorial Day was ecstatic when her conviction for workers comp fraud was overturned in the California Appeals Court. The court declared that the trial judge had not informed the jury that in order to be convicted of workers compensation fraud you need to have intent to commit fraud. 'Not telling your doctor that you are not driving as the San Mateo DA Katherine Alberti is not intention to defraud.' said Zeltzer. By the time of the court decision however, Anita Blick had already been jailed for 90 days in solitary confinement and was thousands of dollars in medical debt. But while imprisoned, Blick a 54 year old grandmother who had never even received a parking ticket before being incarcerated for workers comp fraud, contemplated suicide as her family and home life fell apart.



    'The systemic terrorism against injured workers continues unabated” Zeltzer asserts. 'In fact, newly elected Insurance Commissioner Steve Poizer has continued to cover up the direct conflict of interest by his Insurance Fraud Commission, which does oversight on the insurance industry and dispenses $22 million a year to district attorneys to pursue fraud cases by California District Attorneys. He has appointed William Zachary who is chair of the California Fraud Assessment Commission and vice president for Risk Management for Safeway Inc. to a 'blue ribbon' committee to 'investigate' the insurance industry. In the meantime, Anita Blick faces an uphill battle to keep

    her home and pay her medical bills.



    As for Fagan, he faces two or more years in jail for a false charge leveled by an overzealous District Attorney's office and lack of representation by a competent public defender. 'The District Attorney's unwarranted assault on me has impacted my health and medical treatment, my disability benefits, my education and training opportunities, my quality of life and my future' Fagan declared. 'Essentially the District Attorney's office seems to be engaged in 'Prosecution for Profit' and retaliation because I have been targeted as a whistle blower.' Fagan also contends that passage of Workers Compensation 'Roadmap to Reform' legislation, AB 227and SB228, in 2003 provided further financial incentives for the District Attorney's Office to launch prosecution campaigns of even those most remotely capable of fraud. “Even though my case was closed and beyond the statute of limitation, the District Attorney arrested me four years later and falsely charged me with a felony? Fagan offered. Fagan also never received a penny from Workers Compensation.



    Not taking his current circumstance lightly, Fagan continues to fight. He intends to appeal the current conviction and seek housing. But, he needs

    help.



    EDITORS NOTE: Reginald Fagan is available for interviews. Please feel

    free to contact him directly.



    Black people are being lynched by a corrupt criminal justice system: San Luis Obispo County





    Assemblyman Mervyn M. Dymally, 52nd District

    Chairman, Assembly Health Commission

    Chairman, Legislative Black Caucus Foundation

    State Capital Sacramento, CA. 95814



    Dear Assemblyman Dymally:



    First, I would like to take this opportunity to thank you for your time and undivided attention with regards to my issues. As per your request, I have drafted a concise letter regarding the pending criminal accusations facing me at the San Luis Obispo Court (Case # F368310) on July 18, 2007.

    Also, enclosed is a complaint summary packet that I had filed on October 12, 2006 with the then Attorney General, Bill Lockyer (Case # PIU141156); California Department of Justice. To this day I am unaware of any actions performed on my behalf.

    To summarize the counts filed against me by District Attorney, Gerald T. Shea’s office (Deputy District Attorney, Lee Cunningham) amount to Worker’s Comp fraud (DA Case No. 05-779):



    (1). Making fraudulent insurance claim, in violation of Insurance Code 1871.4 (A) (1) on February 20, 2003.

    · In reference to count #1, the District Attorney is knowingly pursuing prosecution based on inconclusive findings from one Worker’s Comp. Physician, Daniel N. Ovadia, M.D.

    (2). Making fraudulent insurance claim, in violation of Insurance Code 1871.4. (A) (1) on September 24, 2003.

    · With regards to count #2, during the court proceedings, I was under prescribed medications, and I had stated that: “I could not walk without pain”. The statement was incorrectly transcribed as: “I could not walk without a cane”.



    I, also, filed a complaint against the San Luis Obispo County District Attorney’s office with the Grand Jury on January 15, 2007, and the findings of this complaint, to date, are missing. I am respectfully enclosing a list of key regulatory agency contacts that can be instrumental in bringing closure to this matter with your assistance.



    Thank you for your time and consideration.



    Sincerely,

    Reginald A. Fagan



    Enclosed: Document sent to Attorney General’s Office, Dept. of Justice





    Injustice anywhere is a threat to justice everywhere.



    To: Attorney General's Office California Department of Justice

    Attn: Public Inquiry Unit P.O. Box 944255 Sacramento, CA 94244-2550

    From: R. A. Fagan, PO Box 12932 San Luis Obispo, California 93406 Ph: 310-748-4987

    Subject: Violation of ADA; District Attorney Misconduct, Judicial Misconduct

    Date: October 12, 2006





    I. PURPOSE

    The purpose of this correspondence is to request immediate intervention from the CA Attorney General to end the egregious misconduct and abuses of authority and office by the local District Attorney.



    II. STATEMENT OF THE PROBLEM

    The San Luis Obispo DA has submitted false documents/reports to the court claiming that I, a disabled taxpayer, received $2,000 for a false Workers Compensation claim (SEE enclosed 8/23/2006 memo from DDA Cunningham to Honorable John Trice). The fact is that despite my severe workplace injuries, I have received absolutely nothing from workers compensation or my employer.



    Additionally, I have not been able to receive fair and adequate legal representation because the Public Defender’s office in this county is PRIVATIZED. There is a conflict of interest because the Law Firm hired by the county had also hired investigators who are a part of the DA’s prosecution collaborative. Also my public defender is a crony and seemingly good friend of the DA’s office. The public defender has refused to request the participation of the grand jury. The overzealous DA has no evidence or proof of their charge of Worker’s Comp fraud. Yet, I have been slandered, my reputation has been destroyed and I am being threatened with a 4 YEAR PRISON TERM for a crime that was not committed.



    III. SUMMARY

    I am a 48-year-old agricultural student with disabilities (See Feb 15, 2006 memo from Cuesta College). I have a very strong work ethic and a sense of integrity. Prior to my work-related injury, I held 2-3 jobs at a time and worked up to 70 hours per week for the Park Services and local school district. I enjoyed working in the out of doors and had been training to become a teacher.



    Moreover, I am a resident in conservative San Luis Obispo County. But because I have advocated for the rights of low income and handicapped residents, I have faced a barrage of backlash and a lynching campaign that has been driven by vindictiveness and retaliation from the District Attorney’s Office. Some local residents attribute the overzealous and angry prosecution by the assistant DA, Lee Cunningham because he is grief stricken over the sudden death of his son. The outcome unfortunately is a pile of bloodied and bruised bodies who have become casualties of assistant DA’s unleashed wrath. However in light of the widespread trend of DA’s accepting private funds to carry out public injustice and pseudo-justice it appears that the DA’s office is engaged in a gross breach of justice and professional malpractice (See L.A. Times Sunday, August 6, 2000 H E Section: Part A Page: A-1) The DA’s unwarranted assault has impacted my health and medical treatment, my disability benefits, my education and training opportunities, my housing, my quality of life and my future, as the DA’s false charge serves as a negative precipitant of the cascade of contra positive actions taken against me following the publicized charge.



    IV. SPECIFIC ISSUES

    My troubles began about 8 years ago and have not abated. I and others have been placed in a very precarious and dangerous position by the direct and indirect relentless unethical actions of the county’s DA. This small-town campaign of destruction is in direct retaliation to my having been a WHISTLE BLOWER and for asserting my ADA rights. One would think that there are laws and regulations that limit the DA’s reach and influence. I believe that some of the DA’s actions border on illegal and possibly criminal.



    Essentially, the District attorney’s office seems to be engaged in “Prosecution for Profit” and retaliation. That is to say, the DA’s office has a contract for pay to provide prosecution on behalf of the dysfunctional Workers Compensation system. Prosecutions seem to border on persecution of clearly injured people. The DA has gone so far as to make malicious and wrongful prosecutions of innocent people, most of the cases of which have been thrown out in light of the fraud and misappropriations found to have permeated the entire workers compensation investigation system. Below I have outlined some of the personal assaults launched against me by the DA’s office. I have documentation that supports my position.



    MALICIOUS & WRONGFUL PROSECUTION, WRONGFUL ARREST & IMPRISONMENT



    Timeline of Events



    Saturday, December 4, 1999 I reported my injury with my employer after slipping and falling on the overly irrigated wet grass while bearing a heavy weight. We were understaffed and under supervised.



    January 2000 My primary care physician, Dr. Donaldson of Mission Medical Associates authorized a medical leave of absence.



    January 24, 2000, My orthopedic specialist, Dr. Woods following a diagnosis based on an MRI & X-ray, reported my Torn ACL (Anterior Cruciate Ligament) and arm injuries to the insurance carriers, Linda Larkin of Workers Comp Administrator. Although I was reluctant to report my injury to Workers comp for fear of reprisal, Dr. Woods said that he was required by law to report my accident and injuries.



    January 31, 2000 I made a written complaint to the Superintendent’s office about verbal threats made by my supervisor (Mr. Judd, facilities manager, told me he was “going to destroy” me). He was angry because I had consistently requested safety gear and safer practices.



    February 1, 2000 Superintendent DuPue confirmed receipt of my Jan 31 letter.



    February 29, 2000 My employer and Workers Comp Administrators denied my worker’s comprehensive claim. I've never received any medical or cash benefits from the workers comp system.



    February 29, 2000 MY EMPLOYER TERMINATED MY EMPLOYMENT. MY BENEFITS EXPIRED AND I WAS NOT OFFERED C.O.B.R.A. As a result, I was not able to receive the orthopedic surgery I needed to repair my torn ACL.



    In 2003 the Insurance Commissioners initiated the Workers Comp reform “Roadmap to Reform” (AB 227 and SB 228.) And provided funding for DA’s offices state wide, hence provided a financial incentive for the DA’s office to launch a prosecution campaign.



    My employer along with SIPE and the DA hired what turned out to be corrupt individuals and felons and without any level of accountability, racked up large attorney bills, investigation & surveillance bills and so-called expert witness bills.



    August 28 2003, My employer (Deputy Supt. Diana M. Larsen) was quoted as proclaiming that they were willing to spend $1 to save 10¢. This is wasteful and irresponsible. She has stayed true to her word. A CA psychiatrist stated so eloquently that “The system employs doctors, attorneys, investigators and insurance companies. These folks seem to get more out of the system than the injured workers we might wish to protect. The medical fees are structured to pay the dueling experts at twice the rate that treating physicians are reimbursed. Attorneys receive a minimum of 15% of the settlement. The aggressive efforts to detect fraud defy logic. “



    In February 2004, ignoring the principle of EXCUSABLE NEGLECT, the Judge held the hearing in the Worker’s Comp appeals court in my absence. Therefore I lost my claim. Excusable neglect is a failure to take the proper steps at the proper time and consequence of some unexpected or unavoidable hindrance or accident. It is “occasioned by some extenuating circumstances of sufficient significance to render it excusable,” Daniel, 749 A.2d at 9 (Quoting Fields v. S. & M. Foods, Inc., 105 R.I. 161, 162, 249 A.2d 892, 893 (1969)).



    February 2005 More beyond the statute of limitations and more than 4 years after my injury and my having filed my claim, the DA arrested me and charged me with a felony. The DA's office has tried to make it appear that my worker’s comp claim was filed in 2004 rather than in 2000.



    VIOLATION OF ADA

    My Disabilities

    1. Innate Disabilities/Developmental Disabilities for which I have been classified

    Epilepsy

    ADHD



    2. Disabilities arising from uncorrected work-related injuries include:

    Torn ACL (Anterior Cruciate Ligament)

    Tumor

    Severe arthritis

    Nerve impingement, Neuropathy

    Carpel Tunnel in both hands (associated work related injury)

    Triggering (joints lock up)

    Muscular Atrophy

    SEE pp 2 of Jan 2000 and March 20, 2000 reports from DW Woods, MD; March 9,200 MRI report from MRI of SLO: May 17, 2003 report from M Wlasichuk, MD: June 18, 04 report F.S. Vernacchia



    3. It is the government's policy to encourage states to provide appropriate treatment, services and habilitation to people with developmental disabilities. ('Habilitation' means the education, treatment and care required by developmentally disabled people to achieve their maximum development.) Treatment should maximize the developmental potential of an individual and should be provided in the least restrictive setting possible. (42 U.S.C. § 15009) California.



    4. The major California law defining habitable housing is Civil Code § 1941.1 and § 19413



    5. The DA’s office has been instrumental in maligning me thus encouraging my landlord as well as the SLO Housing Authority to act in a retaliatory manner towards me—threatening me with eviction because I have asked for improved conditions in water quality, privacy and security. Because of DA’s influence Section 8 has neglected to assist me with locating reasonable accommodations





    DISTRICT ATTORNEY MISCONDUCT



    1. Misappropriation of Public Funds:

    Direct assault on the taxpayers who have had to pay for my injuries through public assistance when the injury should have been covered by Workers Comp.

    DA using public funds for wrongful prosecution and by paying for non-credible investigators

    School District paid over priced attorney and investigators to contrive a false charge and imprisonment against a disabled employee.

    Public Defender’s system is privatized. Conflict of interest when they contracted out to a Law Firm that was cooperating with the prosecution.

    SLO Housing Authority has allowed agency inspectors to turn their backs on known violations on Water Quality (i.e., Coliform), Hazardous materials, (i.e., Asbestos), and dangers such as mold and water leaks. (See (H&S §17920.3, also known as the State Housing Law.)

    Also, the San Luis Obispo Housing Authority has failed to enforce health and safety regulations despite numerous citations.



    2. Smear campaign, Made false & misleading reports:

    To California State Rehabilitation Dept,

    San Luis Obispo Housing Authority (Section 8) as well has

    Deliberately railroading me

    Systematically dismantling my access to medical treatment, job training, public services, education



    3. False Documents:

    Submitted to workers comp court that were fraudulent

    Documents based on a false report

    Submitted a false memo stating that I had received $2000 when I had received nothing from workers comp



    3. Fraud:

    · Prosecution cooperators FORGED my signature on Release Forms for medical Information and Records at County Medical Center



    5. Invasion of Privacy:

    · Prosecution Team cooperators Encourage mail to be opened at my P.O. Box

    Prosecution encouraged illegal entry into my apartment

    Invasive video surveillance (See CA code 708.8 created in 1999)

    DA has un-restricted access to my medical records without my consent (Violation of Federal HIPPA Privacy Rules)

    Reasonable suspicion of unlawful wire tapping and eavesdropping



    6. Prosecution for Profit:

    DA is the collection agency for the broken Worker’s Comp System with an apparent kickback.



    7. Collusion Legal Retaliation, Intimidation:

    · Encouraging Retaliation from former employers, former landlords, who have cause to retaliate because of whistle--blowing and reports to Public Health inspectors, and environmental regulation agencies

    Encouraging my landlord to make false reports and to threaten me with an unjustified restraining order.

    Encouraging landlord’s attorney to threaten and intimidate me



    8. Judicial Misconduct:

    · Judge Trice continually denied right/ refused to acknowledge and uphold my signed disability accommodation order [Special Accommodations (Rule 989.3)]

    Judge Tangeman denied me copies of court records (despite my having an approved court waiver on file for the case (SSI))

    Jud<br /><br/>
    Are you sure you want to
    Your message goes here
  • The prosecutor;Deputy District Attorney Lee Cunningham, did the following things to Reginald A. Fagan without just cause:



    · He made a false accusation against R. A. Fagan

    · He failed to give Mr. Fagan due process

    · He fabricated a case around the false accusations.

    · The case was built on a false premise

    · He assumed guilt rather than innocence.

    · He maligned Reginald Fagan, beat him down--trying to convince Mr. Fagan that he did something wrong

    · He failed to prove intent

    · Refused to acknowledge that he had been mistaken



    Greetings,



    I am writing on behalf of an embattled colleague---African-American injured worker and disabled middle aged tax payer R. A. Fagan. In 1999 he suffered a work related injury while working as a district groundskeeper for the Lucia Mar School District in San Luis Obispo County. While working outdoors; he suffered a Torn ACL--(substantiated by MRI & X-RAY).



    However his Workers Comp Claim was denied. HE RECEIVED NO MONEY. So, he went on with his life and enrolled in college to finish up his undergraduate degree and pursue a master’s degree.



    4 years after his WC Claim had been denied, campus police came into his college classroom and arrested him and the SLO County DA's office charged him with making a fraudulent worker’s comp claim.



    Similar workers Comp fraud cases in SLO County Superior Court had been dismissed because the Insurance company's Private Investigator (and Prosecutor's key witness), Anthony Esparaza's credibility had been compromised through falsified testimony and illegally obtained surveillance video



    · For example Judge Michael Duffy, in 2006 threw out a similar WC Fraud case as did Judge Dodie Harman. Mr. Fagan has maintained his innocence all along. Additionally exculpatory evidence (i.e., X-Rays, MRI's medical reports, expert witnesses) were all denied by the court. One of the judges threatened that if Mr. Fagan would not take a plea, then he would send Mr. Fagan to jail.



    · In January 2007 Judge Christopher G. Money asked defendant Fagan's court-appointed public defender WHY MR. FAGAN'S CASE HAD NOT ALSO BEEN DISMISSED and why it was allowed to go this far. The public defender could give no legitimate reason.



    The simplest answer is there is a state backed financial incentive to convict even an innocent man with no criminal record. Essentially, the DA's office is Prosecuting for Profit.



    My Colleague R.A. Fagan is scheduled for a sentencing hearing on Friday, Nov 30. We have not been successful at getting his public defense attorney to obtain the court transcripts or to even request additional motions.



    We have therefore constructed a MARSDEN MOTION and a MOTION FOR CONTINUENCE.



    Unfortunately, Mr. Fagan is at the end of his rope. He's not in good medical shape and the stress is exacerbating his medical conditions. In addition to his Torn ACL, he struggles with nerve impingement and neuropathy in both of his arms. Mr Fagan is not up to being a lawyer for himself in this antagonistic and hostile courtroom.



    Your assistance in this matter is most appreciated



    Sincerely,

    Dr. Brown



    It was also reported to the FAC that the Deputy District Attorney Lee Cunningham had fabricated information in order to get a conviction. In a 'Memorandum' on 8/23/2006 to the Public Defender and Judge John A. Trice, Cunningham stated that benefits paid to Mr. Fagan were 'just under' $2000.00. The facts are that no benefits were ever paid to Reginald Fagan since his workers comp claim had been unfairly denied. He was also not allowed to present to the jury that he had received no money from workers compensation.

    This flagrant violation of ethics and malfeasance by the District Attorney¹s office in San Louis Obispo was presented to the commission but there was complete silence about the role of these District Attorney¹s in retaliatory and malicious prosecutions of injured workers. Fagan's sentencing has been continued until September 29, 2007 and attempts are still being made to retain an attorney to properly represent him. Reginald Fagan



    Subject: 8/9 Protest Frame-up Conviction of Injured Worker Reginald Fagan

    Date: Sat, 4 Aug 2007 15:41:17 +0000

    Press Conference at California Commission on Health and Safety & Workers

    On August 3, 2006 in San Luis Obispo court, injured worker and union activist Reginald Fagan from the California School Employees Union Chapter 275 was convicted of workers comp fraud. Fagan made health and safety complaints on job including not being provided for proper safety protection. He was targeted by management and when he was injured on the job he was harassed and set up for being victimized including charging him with workers comp fraud.





    To: Attorney General's Office California Department of Justice

    Attn: Public Inquiry Unit P.O. Box 944255 Sacramento, CA 94244-2550

    From: R. A. Fagan, PO Box 12932 San Luis Obispo, California 93406 Ph: 310-748-4987

    Subject: Violation of ADA; District Attorney Misconduct, Judicial Misconduct

    Date: October 12, 2006





    I. PURPOSE

    The purpose of this correspondence is to request immediate intervention from the CA Attorney General to end the egregious misconduct and abuses of authority and office by the local District Attorney.



    II. STATEMENT OF THE PROBLEM

    The San Luis Obispo DA has submitted false documents/reports to the court claiming that I, a disabled taxpayer, received $2,000 for a false Workers Compensation claim (SEE enclosed 8/23/2006 memo from DDA Cunningham to Honorable John Trice). The fact is that despite my severe workplace injuries, I have received absolutely nothing from workers compensation or my employer.



    Additionally, I have not been able to receive fair and adequate legal representation because the Public Defender’s office in this county is PRIVATIZED. There is a conflict of interest because the Law Firm hired by the county had also hired investigators who are a part of the DA’s prosecution collaborative. Also my public defender is a crony and seemingly good friend of the DA’s office. The public defender has refused to request the participation of the grand jury. The overzealous DA has no evidence or proof of their charge of Worker’s Comp fraud. Yet, I have been slandered, my reputation has been destroyed and I am being threatened with a 4 YEAR PRISON TERM for a crime that was not committed.



    III. SUMMARY

    I am a 48-year-old agricultural student with disabilities (See Feb 15, 2006 memo from Cuesta College). I have a very strong work ethic and a sense of integrity. Prior to my work-related injury, I held 2-3 jobs at a time and worked up to 70 hours per week for the Park Services and local school district. I enjoyed working in the out of doors and had been training to become a teacher.



    Moreover, I am a resident in conservative San Luis Obispo County. But because I have advocated for the rights of low income and handicapped residents, I have faced a barrage of backlash and a lynching campaign that has been driven by vindictiveness and retaliation from the District Attorney’s Office. Some local residents attribute the overzealous and angry prosecution by the assistant DA, Lee Cunningham because he is grief stricken over the sudden death of his son. The outcome unfortunately is a pile of bloodied and bruised bodies who have become casualties of assistant DA’s unleashed wrath. However in light of the widespread trend of DA’s accepting private funds to carry out public injustice and pseudo-justice it appears that the DA’s office is engaged in a gross breach of justice and professional malpractice (See L.A. Times Sunday, August 6, 2000 H E Section: Part A Page: A-1) The DA’s unwarranted assault has impacted my health and medical treatment, my disability benefits, my education and training opportunities, my housing, my quality of life and my future, as the DA’s false charge serves as a negative precipitant of the cascade of contra positive actions taken against me following the publicized charge.



    IV. SPECIFIC ISSUES

    My troubles began about 8 years ago and have not abated. I and others have been placed in a very precarious and dangerous position by the direct and indirect relentless unethical actions of the county’s DA. This small-town campaign of destruction is in direct retaliation to my having been a WHISTLE BLOWER and for asserting my ADA rights. One would think that there are laws and regulations that limit the DA’s reach and influence. I believe that some of the DA’s actions border on illegal and possibly criminal.



    Essentially, the District attorney’s office seems to be engaged in “Prosecution for Profit” and retaliation. That is to say, the DA’s office has a contract for pay to provide prosecution on behalf of the dysfunctional Workers Compensation system. Prosecutions seem to border on persecution of clearly injured people. The DA has gone so far as to make malicious and wrongful prosecutions of innocent people, most of the cases of which have been thrown out in light of the fraud and misappropriations found to have permeated the entire workers compensation investigation system. Below I have outlined some of the personal assaults launched against me by the DA’s office. I have documentation that supports my position.



    MALICIOUS & WRONGFUL PROSECUTION, WRONGFUL ARREST & IMPRISONMENT



    Timeline of Events



    Saturday, December 4, 1999 I reported my injury with my employer after slipping and falling on the overly irrigated wet grass while bearing a heavy weight. We were understaffed and under supervised.



    January 2000 My primary care physician, Dr. Donaldson of Mission Medical Associates authorized a medical leave of absence.



    January 24, 2000, My orthopedic specialist, Dr. Woods following a diagnosis based on an MRI & X-ray, reported my Torn ACL (Anterior Cruciate Ligament) and arm injuries to the insurance carriers, Linda Larkin of Workers Comp Administrator. Although I was reluctant to report my injury to Workers comp for fear of reprisal, Dr. Woods said that he was required by law to report my accident and injuries.



    January 31, 2000 I made a written complaint to the Superintendent’s office about verbal threats made by my supervisor (Mr. Judd, facilities manager, told me he was “going to destroy” me). He was angry because I had consistently requested safety gear and safer practices.



    February 1, 2000 Superintendent DuPue confirmed receipt of my Jan 31 letter.



    February 29, 2000 My employer and Workers Comp Administrators denied my worker’s comprehensive claim. I've never received any medical or cash benefits from the workers comp system.



    February 29, 2000 MY EMPLOYER TERMINATED MY EMPLOYMENT. MY BENEFITS EXPIRED AND I WAS NOT OFFERED C.O.B.R.A. As a result, I was not able to receive the orthopedic surgery I needed to repair my torn ACL.



    In 2003 the Insurance Commissioners initiated the Workers Comp reform “Roadmap to Reform” (AB 227 and SB 228.) And provided funding for DA’s offices state wide, hence provided a financial incentive for the DA’s office to launch a prosecution campaign.



    My employer along with SIPE and the DA hired what turned out to be corrupt individuals and felons and without any level of accountability, racked up large attorney bills, investigation & surveillance bills and so-called expert witness bills.



    August 28 2003, My employer (Deputy Supt. Diana M. Larsen) was quoted as proclaiming that they were willing to spend $1 to save 10¢. This is wasteful and irresponsible. She has stayed true to her word. A CA psychiatrist stated so eloquently that “The system employs doctors, attorneys, investigators and insurance companies. These folks seem to get more out of the system than the injured workers we might wish to protect. The medical fees are structured to pay the dueling experts at twice the rate that treating physicians are reimbursed. Attorneys receive a minimum of 15% of the settlement. The aggressive efforts to detect fraud defy logic. “



    In February 2004, ignoring the principle of EXCUSABLE NEGLECT, the Judge held the hearing in the Worker’s Comp appeals court in my absence. Therefore I lost my claim. Excusable neglect is a failure to take the proper steps at the proper time and consequence of some unexpected or unavoidable hindrance or accident. It is “occasioned by some extenuating circumstances of sufficient significance to render it excusable,” Daniel, 749 A.2d at 9 (Quoting Fields v. S. & M. Foods, Inc., 105 R.I. 161, 162, 249 A.2d 892, 893 (1969)).



    February 2005 More beyond the statute of limitations and more than 4 years after my injury and my having filed my claim, the DA arrested me and charged me with a felony. The DA's office has tried to make it appear that my worker’s comp claim was filed in 2004 rather than in 2000.



    VIOLATION OF ADA

    My Disabilities

    1. Innate Disabilities/Developmental Disabilities for which I have been classified

    Epilepsy

    ADHD



    2. Disabilities arising from uncorrected work-related injuries include:

    Torn ACL (Anterior Cruciate Ligament)

    Tumor

    Severe arthritis

    Nerve impingement, Neuropathy

    Carpel Tunnel in both hands (associated work related injury)

    Triggering (joints lock up)

    Muscular Atrophy

    SEE pp 2 of Jan 2000 and March 20, 2000 reports from DW Woods, MD; March 9,200 MRI report from MRI of SLO: May 17, 2003 report from M Wlasichuk, MD: June 18, 04 report F.S. Vernacchia



    3. It is the government's policy to encourage states to provide appropriate treatment, services and habilitation to people with developmental disabilities. ('Habilitation' means the education, treatment and care required by developmentally disabled people to achieve their maximum development.) Treatment should maximize the developmental potential of an individual and should be provided in the least restrictive setting possible. (42 U.S.C. § 15009) California.



    4. The major California law defining habitable housing is Civil Code § 1941.1 and § 19413



    5. The DA’s office has been instrumental in maligning me thus encouraging my landlord as well as the SLO Housing Authority to act in a retaliatory manner towards me—threatening me with eviction because I have asked for improved conditions in water quality, privacy and security. Because of DA’s influence Section 8 has neglected to assist me with locating reasonable accommodations





    DISTRICT ATTORNEY MISCONDUCT



    1. Misappropriation of Public Funds:

    Direct assault on the taxpayers who have had to pay for my injuries through public assistance when the injury should have been covered by Workers Comp.

    DA using public funds for wrongful prosecution and by paying for non-credible investigators

    School District paid over priced attorney and investigators to contrive a false charge and imprisonment against a disabled employee.

    Public Defender’s system is privatized. Conflict of interest when they contracted out to a Law Firm that was cooperating with the prosecution.

    SLO Housing Authority has allowed agency inspectors to turn their backs on known violations on Water Quality (i.e., Coliform), Hazardous materials, (i.e., Asbestos), and dangers such as mold and water leaks. (See (H&S §17920.3, also known as the State Housing Law.)

    Also, the San Luis Obispo Housing Authority has failed to enforce health and safety regulations despite numerous citations.



    2. Smear campaign, Made false & misleading reports:

    To California State Rehabilitation Dept,

    San Luis Obispo Housing Authority (Section 8) as well has

    Deliberately railroading me

    Systematically dismantling my access to medical treatment, job training, public services, education



    3. False Documents:

    Submitted to workers comp court that were fraudulent

    Documents based on a false report

    Submitted a false memo stating that I had received $2000 when I had received nothing from workers comp



    3. Fraud:

    · Prosecution cooperators FORGED my signature on Release Forms for medical Information and Records at County Medical Center



    5. Invasion of Privacy:

    · Prosecution Team cooperators Encourage mail to be opened at my P.O. Box

    Prosecution encouraged illegal entry into my apartment

    Invasive video surveillance (See CA code 708.8 created in 1999)

    DA has un-restricted access to my medical records without my consent (Violation of Federal HIPPA Privacy Rules)

    Reasonable suspicion of unlawful wire tapping and eavesdropping



    6. Prosecution for Profit:

    DA is the collection agency for the broken Worker’s Comp System with an apparent kickback.



    7. Collusion Legal Retaliation, Intimidation:

    · Encouraging Retaliation from former employers, former landlords, who have cause to retaliate because of whistle--blowing and reports to Public Health inspectors, and environmental regulation agencies

    Encouraging my landlord to make false reports and to threaten me with an unjustified restraining order.

    Encouraging landlord’s attorney to threaten and intimidate me



    8. Judicial Misconduct:

    · Judge Trice continually denied right/ refused to acknowledge and uphold my signed disability accommodation order [Special Accommodations (Rule 989.3)]

    Judge Tangeman denied me copies of court records (despite my having an approved court waiver on file for the case (SSI))

    Judge Tangeman denied me a jury trial

    Undermined a federal conciliation effort that was in process for the purpose of retaliation from landlord

    Collusion with DA and former employers on whom I have “Blown the Whistle” for environmental and occupational hazard violations.



    9. REASONS FOR RETALIATION:

    Whistle Blowing (See Oct 13,1999 memo: CA Dept. Industrial Relations: Division of Occupational Safety & Health)

    Requesting improved safety at work

    Requesting reasonable accommodations

    Applying for Workers Compensation

    On TV advocating disabled rights and tenant rights



    10. Glitches in the Insurance Fraud Prevention System: News Article Excerpts:

    D.A.'s workers' comp section is paid for with money from an employer that is doled out by insurers. Prosecutors tend to ignore both but go after workers. Courts see no problem. In recent years, 79 cases of alleged workers’ compensation fraud had been presented by different school districts to the D.A.’s office, but only 10 convictions were secured

    · Santa Rosa Press Democrat concluded that, 'The perception that workers are cashing in by faking or exaggerating injuries has created a climate of mistrust ... most importantly, the fixation on claimant fraud has distracted policymakers, enforcement agencies, and the public from growing evidence of the real problem: millions of dollars in employer and provider fraud.

    As a recent Michigan (National Institute for Safety and Health) study demonstrated, the real problem in workers' compensation is not that too many workers claim benefits, but that too few do so. Unsubstantiated charges of rampant claimant fraud undermine public confidence in the system and discourage legitimately injured workers from seeking the benefits they need and deserve.

    · In California, a detailed investigation by state auditors found that 'workers' compensation insurers violated workers' rights in about half the claims it audited.' The violations included 'unacceptably high amounts' of unpaid benefits, late payments, inaccurate benefit notices and failure to notify injured workers of their rights.

    'In terms of dollar costs, there's no question that employer fraud today costs more dollars to carriers and to the industry than employee fraud,' according to Richard Schultz, a spokesman for the State Compensation Insurance Fund, California's largest compensation insurer. A recent study by the California Department of Industrial Relations and the Employment Development Department (EDD) calculated that 19% of employers – nearly one out of every five – either underreport payroll to EDD or have no workers' compensation insurance.

    The California Department of Insurance concludes that, 'Losses on premium fraud can and usually do exceed the amount of loss in claimant fraud, and, in some instances, medical mill fraud.



    ***See Attachment for List of Sources of Articles ***



    (See Feb 9, 2006 memo from Cuesta College).



    (SEE enclosed 8/23/2006 memo from DDA Cunningham to Honorable John Trice).



    (See L.A. Times Sunday, August 6, 2000 H E Section: Part A Page: A-1)



    SEE pp 2 of Jan 2000 and March 20, 2000 reports from DW Woods, MD: March 9,200 MRI report from MRI of SLO: May 17, 2003 report from M Wlasichuk, MD: June 18, 04 report F.S. Vernacchia,



    See (H&S §17920.3, also known as the State Housing Law.)



    (See Oct 13, 1999 memo: CA Dept. Industrial Relations: Division of Occupational Safety & Health)





    See San Luis Obispo County New Times Newspaper Articles:

    www.newtimeslo.com





    1. Karen Velie, “The truth, and nothing but the truth: Witnesses say an attorney asked them to spin testimony”, New Times 8/31/06, page16



    2. Karen Velie, “Credibility in Question”, New Times 6/22-29/06,page 6



    3. Daniel Blackburn, “Fraud Busters: The county’s school districts vowed to catch employees who were ripping off big bucks. What they ended up with was a big headache”, New Times 3/23- 30/06, pages 10-11 (also editor’s notes)



    4. Daniel Blackburn, “Living Easy: Workers’ comp costs have bedeviled the county school budget to the tune of $3.1 million so far this year (‘F’ is for Fraud: Workers’ compensation fraud is rampant among employees of SLO County’s schools)”, New Times 8/28/06-9/4/03, pages 8-10 (also editor notes)







    Another injured worker Reginald Anthony Fagan faces being jailed in a trumped up workers fraud case.



    Nightmare in San Luis Obispo: False Workers Compensation Fraud Prosecution by DA



    Wed, 1 Aug 2007 08:40:55 EDT



    As we speak, an injured and disabled worker, REGINALD ANTHONY FAGAN, in San Luis Obispo is in court being railroaded by disgruntled and blood thirsty San Luis Obispo District Attorney Cunningham.



    The judge, DA, and even the public defender are all a part of this elaborate 'pay for prosecution' scheme. It's unconscionable. Although Mr. Fagan:



    1. Is obviously injured and has documentation and medical records that show his injury

    2. Did not receive any money or other benefits for worker's comp (but the judge will not allow this information to be heard by the jury)

    3. All of his ADA rights have been violated

    4. An interim judge (outsider) asked the DA and the Public Defender why Mr. Fagan's case had not been thrown out because it is a bogus comp fraud cases

    5. Mr. Fagan contacted the SLO Grand Jury

    6. The investigators that the DA and insurance company hired is a felon and obtained bogus information illegally, but the judge will not allow this information to be heard by the jury

    7. Mr. Fagan is still struggling with his disabilities

    8. Mr. Fagan is homeless





    The Judge, DA and public defender have mounted a despicable and unconscionable offense that gives Mr. Fagan no way to be found not guilty. This collaboration will make sure that Mr. Fagan is convicted at any cost. He has been fighting this case for several years now and despite the incompetence of the public defender, the judge is allowing the hearing to 'go forward' in order to carry out their agenda of 'pay for prosecution'.



    From yesterday's hearing on top of the more than a year of incompetent defense, it is quite clear that the public defender, Mr. Phillips and his law firm are an integral part of the high dollar stakes system of railroading innocent injured workers as trade for financial rewards from the state's insurance commission.



    Your assistance in this matter is needed and most appreciated.



    Sincerely,



    Dr. Brown



    Advocates for California’s Occupationally Injured & Disabled:



    --------------------------------------------------------------------------------



    When overzealous District Attorneys zero in on the Pot-Of-Gold!

    It’s becoming very fashionable and profitable for District Attorneys around our state to zero in on a new cash cow; the prosecution of occupationally injured workers. What many Californians don’t know is that the California Department of Insurance hands out millions of dollars each year to District Attorneys through their Fraud Assessment Commission, to those who demonstrate a track record of successful prosecutions.

    This money comes from a fund that was created by the passage of Senate Bill 1218 in 1991, that also established the Fraud Assessment Commission to determine the level of assessments to fund investigations and prosecution of Workers Compensation insurance fraud. This funding comes from California employers who are legally required to be either insured or self-insured.

    And many of these cases are of the flimsiest nature, taking honest hard-working Californians and turning them into convicted felons.

    Since 2004, when Arnold Schwarzenegger shoved his so-called Workers Compensation reform down the throats of working Californians by intimidating an entire legislature, this practice is becoming more commonplace. The good names and reputations of hundreds of law abiding citizens are being trashed in the name of money grants from the FAC.

    Litigation by insurance carriers has increased ten-fold with insurance companies challenging every minute little aspect of a case, totally clogging up the machinery of the Workers Compensation courts. As you might recall, the governor promised that if his reforms were passed, litigation would be reduced. This is just another broken promise from Arnold. The systematic judicial terrorism of injured workers simply goes unabated!

    By the insurance industry’s own admission, injured worker fraud is less than 1% of the entire picture. So where is the other 99% and why don’t we hear about it on the radio, TV or in the news. Simply put, there’s no money for the DA’s in prosecuting insurance companies for fraud and other equally heinous crimes and they are certainly not going to bite the hand that feeds them<br /><br/>
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  • 1. The Truth About Wrongful Convictions “ Anybody who understands the justice system knows innocent people are convicted every day.&quot;               ~ Fla.  Supreme Court Justice Gerald Kogan (Ret.)
  • 2. Myths Everyone in prison claims to be innocent. Only people who live “on the edge” are charged with crimes they didn’t commit. People who are exonerated must have done something to get charged in the first place. Wrongful convictions are extremely rare. Exonerations prove the system works. It can’t happen to me .
  • 3. Facts
    • 5% to 10% of U.S. prison population are factually innocent of the crimes of which they were convicted.*
    • In raw numbers, that means as many as 200,000 innocent people are imprisoned.
    • Of those innocent people, 90% pled guilty.
    *Based on 1996 National Institute of Justice Report.
  • 4. Causes of Wrongful Conviction
  • 5. Eyewitness Identification
    • Compelling evidence – but WRONG 50% of the time.
    • Techniques commonly used by police can skew identification.
      • 6-photo spread (“pick the closest match”)
      • Use same suspect’s photo in repeat spreads (suspect starts to seem “familiar”)
      • Use composite sketch to “match” with suspect photos
  • 6. Junk Science
    • Defective or Fraudulent Science
      • Experts reporting inculpatory results from tests not conducted, or concealing exculpatory results
      • Evidence based on debunked theories, such as microscopic hair comparison or bullet-lead matching
      • Faulty DNA matching
      • Overall high error rate in crime labs and medical examiner’s offices—as high as 63%*!
      • *California Commission on the Fair Administration of Justice
  • 7. Police Misconduct
    • Tunnelvision—pick a suspect, ignore evidence that does not fit.
    • “ T&D”—Trickery and Deceit, manipulative tactics designed to coerce confession, regardless of truth
    • “ Bottom Fishing”—scouring jails and prisons for snitches willing to frame suspects
    • Evidence Tampering/Concealment/Destruction
    • Witness Intimidation
  • 8. Prosecutor Misconduct
    • Culture of winning at all costs– “Never let the truth stand in the way of a conviction.”
    • “ Poison the Jury Pool”– Use media to convict suspects before trial.
    • Withhold exculpatory evidence
    • Knowingly present perjured testimony
    • Misrepresent evidence during closing argument
    • Manipulate/misrepresent evidence pre-trial to coerce a guilty plea
  • 9. Bad Defense Lawyering
    • “ Do Nothing” – Does not meet with client,
    • does not understand facts, does not hire experts,
    • does not investigate, does not review discovery,
    • does not subpoena or call defense witnesses,
    • does not effectively cross-examine state’s
    • witnesses, does not object to objectionable argument, does
    • not argue motions or closing statement effectively.
    • “ Free or Fee” – Contrary to stereotype, bad lawyering
    • occurs equally among public defenders and private lawyers .
  • 10. What is Truth in Justice? Truth in Justice is a Virginia non-stock, nonprofit corporation organized to inform the public of the frequency of criminal conviction of factually innocent people and the reforms needed to prevent and alleviate such wrongful convictions, through education, partnership, and action.
  • 11. Board of Directors of Truth in Justice
  • 12. Ira Robins
    • 40+ years experience as police officer and private investigator
    • Best known for work in “Bambi” Bembenek case
    • Developed new evidence in dozens of exonerations
    • Speaker, radio host and frequent television guest
  • 13. Martin Yant
    • Author of Presumed Guilty , a classic on wrongful conviction
    • Investigative journalist, editor, publisher and private investigator
    • Developed new evidence that has freed 12 people
  • 14. Dennis Fritz
    • Wrongly convicted of a murder he did not commit in 1987 and sentenced to life in prison.
    • Exonerated by DNA and freed in 1999.
    • Author of Journey Toward Justice ; speaker on wrongful conviction and justice issues.
  • 15. Doug Berry
    • 40+ years experience as pharmacist
    • 25+ years experience as professional photographer
    • Skilled web designer
    • Survivor of murder victim
  • 16. Sheila Berry
    • 30+ years experience in civil and criminal litigation
    • 10 years as director of DA-based victim assistance programs in Wisconsin
    • Author of fiction and non-fiction books
  • 17. Launched in 1997, Using A New Medium – the Internet
  • 18. Current Subject Sections Recent Cases Innocent Imprisoned Wrongly Convicted Cops Death Penalty Eyewitness ID Junk Science Arson False Child Abuse Claims How the System Works Police/Prosecutor Misconduct Madison, Wisconsin Recommended Reading Innocence Projects Life After Exoneration Additional Features: Discussion Forum, Truth in Justice Files Editorial Blog and Truth in Justice Radio
  • 19. Advocacy & Assistance
    • Match pro bono or reduced fee forensic experts with cases
      • Tetrahedron Committee: Fire origin and cause experts who review arson convictions
    • Work cooperatively with attorneys, innocence projects and journalists to develop new evidence in innocence cases
  • 20. Past cases in which Truth in Justice has assisted
    • Eve Rudd, Cleveland, Ohio
      • Charged with capital murder and arson
    • Clarence Elkins, Waynesburg, Ohio
      • Convicted of rape and murder; served 8 years
    • Beverly Monroe, Richmond, Virginia
      • Convicted of murder; served 6 years
  • 21. Current Cases in which Truth in Justice is involved
    • Laurie Bembenek, Milwaukee, WI
      • Convicted of murder, served 11 years
    • Nancy Smith, Lorraine, Ohio
      • Convicted of Satanic ritual sex abuse of preschool children
    • John Maloney, Green Bay, WI
      • Convicted of murder and arson
  • 22. What Can YOU Do To Protect Your Family, Your Community, and Yourself?
  • 23. Know your Constitutional rights
    • Innocence is no protection.
    • DO NOT TALK TO THE POLICE WITHOUT A LAWYER.
    • Do not agree to police polygraph or CVSA.
    • Do not consent to police search without a warrant.
  • 24. Support Reforms
    • Videotaping of police interrogations in serious felony cases, from beginning to end.
    • Eliminate suggestive eyewitness identification procedures.
      • Show photos one at a time, not in multi-photo spreads.
      • Officer not involved in investigation should conduct the identification review.
  • 25.
    • Adequate funding for indigent defense.
    • Innocence Commissions in every state to review compelling innocence claims.
    • With regard to the death penalty:
      • Decide for yourself what an acceptable error rate is (how many innocent executed per hundred);
      • Then act accordingly.
  • 26. &quot;There is no crueler tyranny than that which is exercised under cover of law, and with the colors of justice ...&quot; - U.S. v. Jannotti , 673 F.2d 578, 614 (3d Cir. 1982)