Homeowner's Attorney: San Diego D.A.'s Office Taking Busby Raid Seriously
The extensive press coverage, both local and national, that has surrounded this past Friday night's sheriff's raid on a fundraiser for Democratic House candidate Francine Busby (CA-50) seems to have had a real effect on the officials overseeing the case itself.
I just spoke with Christine Carlino, the long-time personal attorney for homeowner Shari Barman, who was arrested at the event, and she told me there could be some significance to the fact that the San Diego District Attorney's office is now personally involved in looking at the charges against Barman and a guest who was also arrested. (Note that Carlino is a civil attorney, not criminal, but she does still bring some local expertise.)
The key thing to understand here is that San Diego County is divided into several jurisdictional regions -- for example, Barman's home is in the North County region, as opposed to the city of San Diego itself, where the county's District Attorney is based.
Under routine circumstances, an arrest made in North County would stay with the North County prosecutor. But the county's D.A. in San Diego has taken over the case, which is out of the ordinary.
This doesn't really speak either way to whether charges will be dropped or dismissed. But what it could mean is that the D.A. might be aware of just how controversial this has become, and how important it is going forward to get this right.
Josh
Matt
Eric
Brian
I hope the whole event was videotaped. I'm lookin' forwards to seeing it on COPS.
Maybe a good chase scene, where those escapin' middle-aged Democrats are hunted down through suburban SD, chased by a dog and copter.
July 2, 2009 3:23 PM | Reply | Permalink
On the whole, based upon reports offered so far, the conduct of the deputy who is responsible for this mess is appalling. But, a few words of caution here:
Only an investigation of what occurred will yield a reasonable account of the actions of all parties. This was NOT, I repeat not, a 'raid' by members of the San Diego County Sheriff's Office. This was a response to a call for service, by all accounts—and one handled very badly by the responding deputy—placed by an apparently 'outraged' and meddlesome neighbor.
What is reported as the subsequent call for assistance is what touched off what you irresponsibly term a 'raid' of the home.
I was a police officer for thirteen years, in one of the largest metropolitan agencies in the country, and cannot imagine a situation spinning so wildly out of control—almost certainly because of the poor choices made by a single deputy—and I recognize what a nightmare this is for those who were mistreated by the responding officer, the Sheriff's Office, the office of the Prosecuting Attorney, and others associated closely with this matter. It seriously calls into question the conduct of this particular deputy, and the training and supervision provided by the Sheriff's Office.
But, it's not helpful to effectively 'sensationalize' the coverage with the insertion of such terms as 'raid' or to rush to judgement about the affair.
A thorough investigation, based upon the information which has come to light so far and my experience in a major agency, tells me that it is quite likely that an unlawful use of force complaint will be sustained against this deputy and that he will be removed from public contact for some term under the provisions of his employment contract, and that any and all charges against those at the party who were arrested will be effectively dismissed when the Prosecuting Attorney, after careful consideration, declines to prosecute the case.
There are criminal and civil remedies for the victims to pursue at the local and Federal level, a complaint process within the agency itself, as well as path through the US Department of Justice. The election to do so on the part of those mishandled and/or arrested will take time to play out, and largely depends upon the way in which the matter is initially handled by officials in San Diego County.
July 2, 2009 3:55 PM | Reply | Permalink
Come on... Was it five or six cruisers and a chopper for a residential noise complaint? Now maybe that is the wrong story so an investigation of course is needed but if the story is anything like inital reports this is obvious harrasment and interfering with political speech. This is major.
A noise complaint calls for a knock on the door by two uniforms and a polite, 'Please keep it down.'
July 2, 2009 5:23 PM | Reply | Permalink
I would like the the call that set this into motion. Exactly what accusations were made, which could have determined the demeanor and approach taken by the deputy.
July 2, 2009 4:04 PM | Reply | Permalink
I'm certain the cars at the event were a veritable liberal bumper stickerpalooza. A cop's going to notice that because, well, noticing stuff is what they're paid to do. I can't help but wonder whether what he saw on those stickers affected his frame of mind going in. I can't imagine how he could have felt threatened. A room full of middle aged Democratic demi-activists? Are you effing kidding me? An average peewee league soccer teams is more threatening than the most dangerous group of middle aged Democrats I've ever seen.
Of course, some cops do have a problem distinguishing between "annoying" and "threatening," at least in terms of how they treat them, and damme if middle aged Democrats can't be some annoying sobs.
July 2, 2009 4:27 PM | Reply | Permalink
Yep. The guy who made the bogus 911 call should be cited.
July 2, 2009 4:53 PM | Reply | Permalink
I'm waiting for the word "hate" to come up. For many locals the idea of a lesbian couple owning a house in a "good" neighborhood would just about drive them around the bend. A Democratic fundraiser in this same abominable place could easily cause an aneurism. I'm waiting for the story on this good neighbor to surface.
July 2, 2009 6:06 PM | Reply | Permalink