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Click. What Will Congress Do About New CIA-Drug Revelations? by Peter Dale Scott


BayCities Observer


by Virginia McCullough, BayCities Observer.

NewsMakingNews will continue to update the attempts to recall District Attorney Kamena and three Marin County Judges, and the trial of Carol Mardeusz, and the upcoming appellate battle regarding Richard Allen Davis. Click.


TO READ ARCHIVE 6/10/00 TO 6/17/99M CLICK. 5/30/00 TO 6/9/00, CLICK. 5/20/00 to 5/29/00, CLICK.  5/13/00 TO 5/19/00, CLICK. 5/8/00 TO 5/12/00, CLICK. 4/30/00 TO 5/7/00), CLICK. ARCHIVE (4/24/00 TO 4/29/00), CLICK


By SHERRI CHUNN © 2000, Associated Press Writer 03:25 AM ET 06/22/00

WACO, Texas (AP) _ After audiotapes revealed the panic on both sides of the 1993 federal raid on the Branch Davidian compound, attention has shifted to the final, fiery day of the 51_day siege. Plaintiffs in the Davidian wrongful death trial on Wednesday wrapped up their testimony with 911 tapes which captured exchanges between a member of the Davidians and officials.

``There are 75 men around us and they are shooting at us at Mount Carmel!'' sect member Wayne Martin screamed. ``Tell them there are children and women in here and to call it off!''

The shooting began Feb. 28, 1993, when federal agents tried to serve search and arrest warrants on the Mount Carmel complex outside Waco on suspected gun violations. Four agents and six Davidians died that day.

The ordeal ended 51 days later when the FBI tear gassed the wooden complex and a fire engulfed the building. In the end, about 80 Davidians were killed either by gunfire or the blaze.

Survivors and family members of the Davidians are seeking $675 million in a wrongful death lawsuit that, among other things, argues that federal agents fired indiscrimin- ately, knowing women and children were inside. The government contends that sect members shot first during the raid and started the fire.

Michael Caddell, lead counsel for the plaintiffs, said he plans next to present testimony about whether the government started the fire, whether it was negligent by withholding firefighting equipment and whether the use of tanks to push into the compound deviated from the operations plan approved by Attorney General Janet Reno.

Reno's videotaped deposition may be presented.

For the first time, a jury heard the entire first 911 tape of the beginning of the raid and siege. The segment played Wednesday captured Martin's insistence that he had a right to shoot back.

``I have a right to defend myself! They started shooting first!'' Martin yelled in a speakerphone to McLennan County Sheriff's Lt. Larry Lynch. ``Tell them to hold their fire, leave the property and we'll talk!''

Pops of gunfire are heard in the background as sheriff's officials scrambled to calm Martin while simultaneously trying to reach federal Alcohol, Tobacco and Firearms agents at the scene.

More of the exchange was heard when government attorneys countered with tape segments of their own. Their excerpts included recordings of Lynch trying to persuade Martin to maintain the cease-fire so injured agents could be retrieved and to arrange help for the injured.

The injured agents were removed, but the Davidians rejected medical help.

``We don't want anything from your country,'' Martin said on one tape. ``That's what our wounded are telling us. They don't want your help.''

Martin and four of his children ultimately died in the fire.

U.S. Attorney Michael Bradford, who is a lead counsel for the government, said as he left the courthouse: ``We do not believe the plaintiffs have proven through the evidence they presented so far that the ATF is responsible for anything.''

But Caddell said the 911 tapes demonstrated poor leadership and judgment by law enforcement.

``I have to believe there was a mistake, an error in judgment on both sides,'' Caddell said. ``I think the ATF made the first error in judgment and I think the most serious error in judgment.''





by Guy Ashley © 2000  Marin Independent Journal June 21, 2000

Foes of the Marin judiciary began circulating petitions this week in their effort to force a special election to recall three judges and District Attorney Paula Kamena.

The three judges, meanwhile, are preparing a counter-offensive in hopes of defusing the recall movement. The three jurists have joined forces with several top Marin attorneys and have retained a political consultant to help them counter the recall campaign.

"The judges intend to defend themselves vigorously,'' said Gary Ragghianti, a San Rafael attorney and member of the Committee to Retain an Independent Judiciary.

To that end, the group has hired political consultant Don Solem of Mill Valley to defend Marin Superior Court judges Michael Dufficy, Lynn Duryee and Terrence Boren from allegations made on petitions seeking their recall.

The three judges and Kamena are targeted by citizens who question their decisions and seek their recall in a special election next spring. Duryee and Dufficy are accused in the petitions of "corruption'' based on criticism in a citizen-commissioned report by a New York author that questioned several child custody decisions in the Marin courts. The petitions against Kamena and Boren say they took part in a "conspiracy'' in prosecuting a Novato woman in a bitter child custody case.

Though angry citizens announced the recall efforts more than a month ago, their petitions were not certified for circulation until last week, according to officials with the county Registrar of Voters.

Peter Romanowsky of Sausalito, a divorced father of three and treasurer of the Citizens Judiciary Review Board, which is leading the recall campaigns, said signature gathering will not begin in earnest until a kickoff rally tomorrow at the Marin farmers market.

Petitioners have four months to gather between 12,000 and 14,000 signatures for each of the officials targeted in the recall. County elections officials say a special election costing the county about $500,000 would likely be held next spring if the petition drives are successful.

The petitions have activated a swell of support within the legal community for the officials targeted by the recall. Supporters say they will fight for the three judges for two primary reasons: They disagree wholly with the allegations at the center of the recall campaign; and they believe that seeking the judges' ouster for decisions with which they disagree is an improper use of the recall process.

The pro-judge campaign will focus on "public education and media outreach'' to counter criticisms that are being "reported as the truth'' by the local media, said Madeleine Simborg, a family law attorney in Corte Madera. "And there's not a shred of truth to what has been reported.'' Ragghianti said he believes the principle of an independent judiciary is under attack when citizens unhappy with a judge's ruling react by campaigning to remove them from the bench. "People should be free to criticize the decisions our judges make, but a recall goes way too far,'' he said.

Ragghianti said such an overreaction is best evident in the campaigns against Duryee and Boren, each of whom has been criticized for decisions in single child custody cases.

Ragghianti said he also opposes the recall of Dufficy, mostly because he has grave doubts about the accuracy of the findings made by author Karen Winner in a blistering report she issued in February after being paid $10,000 by citizens unhappy with the Marin judiciary.

The committee is focused on defending the judges and has no role in defending Kamena, Ragghianti said. He said he also will work to defend her if asked.

Kamena is on vacation this week and could not be reached to comment on what she plans to counter the recall.

News of the pro-judge campaign now being organized is no surprise to Romanowsky.

"The judges are worried,'' Romanowsky said. "They see that if we succeed in getting this to the ballot they will either have to be quit or be recalled.

"Just the word recall next to their names will be enough for people to vote them out.''

Romanowsky said the judges also are being hypocritical by hiring Solem.

"It's hypocrisy to try to give off this aura of a separate judiciary and then hire a political hit person,'' he said.

Ragghianti said the judges have no reason to hide from the fact that Solem has been hired. "They're eager to use his expertise in defending themselves,'' he said. "Their expertise is in the law, not in political campaigning.''


Contact reporter Guy Ashley via e_mail at


What Will Congress Do About New CIA-Drug Revelations?

Monday, June 19, 2000
©2000 San Francisco Chronicle


CONGRESS WILL shortly have to decide whether to bury or deal with explosive new revelations that the Central Intelligence Agency protected major drug traffickers who aided the Contra army in Central America. These new findings go far beyond the original stories which gave rise to them by Gary Webb in 1996.

Webb had alleged that cocaine from two Contra-supporting traffickers, Norwin Meneses and Danilo Blandon, had helped fuel the national crack epidemic. The resulting political firestorm brought promises of a full investigation. After an unprecedented review of internal CIA and Justice Department files, three massive reports, totaling almost 1,000 pages, were released by the inspectors general of the CIA (Fred Hitz) and Justice Department (Michael Bromwich).

The new revelations confirmed many of Webb's claims. Meneses and Blandon were admitted to have been (despite previous press denials) ``significant traffickers who also supported, to some extent, the Contras.'' For years they escaped prosecution, until after support for the Contras ended.

Meanwhile the reports opened the doors on worse scandals. According to the reports, the CIA made conscious use of major traffickers as agents, contractors and assets. It maintained good relations with Contras it knew to be working with drug traffickers. It protected traffickers which the Justice Department was trying to prosecute, sometimes by suppressing or denying the existence of information.

This protection extended to major Drug Enforcement Agency targets considered to be among the top smugglers of cocaine into this country. Perhaps the most egregious example is that of the Honduran trafficker Juan Ramon Matta Ballesteros. Matta had been identified by the DEA in 1985 as the most important member of a consortium moving a major share (perhaps a third, perhaps more than half) of all the cocaine from Colombia to the United States. The DEA also knew that Matta was behind the kidnapping of a DEA agent in Mexico, Enrique Camarena, who was subsequently tortured and murdered.

A public enemy? Yes. But Matta was also an ally of the CIA. Matta's airline, SETCO, was recorded in U.S. files as a drug-smuggling airline. It was also the chief airline with which the CIA contracted to fly supplies to the Contra camps in Honduras. When the local DEA office began to move against Matta in 1983, it was shut down. Though Matta's whereabouts were well- known, the United States did not arrest and extradite him until 1988, a few days after Congress ended support for the Contras.

At Matta's first drug trial, a U.S. attorney described him as ``on the level of the top 10 Colombian drug traffickers.'' We now learn from the CIA Hitz reports that, in the same year, 1989, CIA officials reported falsely, in response to an inquiry from Justice, that in CIA files ``There are no records of a SETCO Air.'' CIA officers appear also to have lied to Hitz's investigators about who said this.

There appears to have been a broad pattern of withholding information from the Justice Department. For example, when Justice began to investigate the drug activities of two Contra supporters, CIA headquarters turned down proposals that CIA should interview the two men. The reason in one case was that such documentation would be ``exactly the sort of thing the U.S. Attorney's Office will be investigating.''

The House Committee on Intelligence received this information, and chose to deny it. According to a recent committee report, ``There is no evidence . . . that CIA officers . . . ever concealed narcotics trafficking information or allegations involving the Contras.''

Just as dishonestly, the committee found that ``there is unambiguous reporting in the CIA materials reviewed showing that the Nicaraguan Democratic Force (FDN) leadership in Nicaragua would not accept drug monies and would remove from its ranks those who had involvement in drug trafficking.'' In fact, the Hitz reports contained a detailed account of drug-trafficking by members of the main FDN faction, the September 15th League (ADREN). Those named included the FDN chief of logistics. According to the Hitz Reports, ``CIA also received allegations or information concerning drug trafficking by nine Contra-related individuals in the (FDN) Northern Front.'' This included credible information, corroborated elsewhere, against leaders such as Juan Ramon Rivas, the Northern Army chief of staff. Yet CIA support for the FDN continued, through a period when aid to any drug-tainted Contra organization was forbidden by statute.

In short, the House Committee Report is a dishonest coverup of CIA wrong-doings, what one might expect from a committee chaired and staffed by former CIA officers.

As committee member Congresswoman Nancy Pelosi, D-S.F., said in a hearing two years ago, ``This is an issue of great concern in our community.'' Will she, and other like-minded representatives, repudiate this flimsy attempt to silence that concern with falsehoods?''

The answer may depend on the voters: Will they object as strongly as before?

Peter Dale Scott was an expert witness before the Citizens' Commission on U.S. Drug Policy. Scott will participate in a panel discussion on U.S. drug policy at The Independent Institute in Oakland on Wednesday. To attend, please call the Institute at (510) 632-1366.



Where is Rombauer's and Frank's permit to operate a wine warehouse for so many other wineries?

No Bureau of Alcohol, Tobacco and Firearms agents appeared at the scene of the burning of alleged $40 million dollars worth of fine wines and champagnes at the old Kornell warehouse this week. Instead Koerner Rombauer and Rich Frank, the owners hired a private "mechanical engineer" to investigate. 

It is necessary to understand lay out of the buildings and how they are fire-walled and just how much wine was stored in order to understand the full scope of this fire. 

Rombauer was illegally operating a wine warehouse for other people. He was operating very "out of condition" with his use permit. 

First there is the old stone winery. It is secure, and the site of the storage of the only remaining reserve champagne of Hanns Kornell Champagne Cellars. This is the building everyone tours. The balance, including the mysterious "Larkmead Room" recreated by Rombauer, are off limits. 

The next building, which can be accessed by vestibule through firewalls even beyond the stone is the "annex." This is the site where the modern bottling line and stainless steel tanks are located. There were also 1,500 oak barrels in this area that were removed by forklift and were not heat damaged or fire damaged. Things were moved out timely, while the fire was smoldering. The huge stainless tanks are loaded with wine (the volume of which would likely add hundreds of thousands of gallons to what is on premises and adds to that disclosed as already in cases by Rombauer). The electricity is separately controlled, and separately controlled from that servicing the warehouse. This building is a one story tall building. The electricity stayed on, and the stainless continued to keep the wines in this area cool. Next is a very thick firewall. 

Then there is the warehouse, which is about 42 to 45 feet tall, the maximum height for buildings in Napa County, built in two stories. IT IS NOT 120 feet tall as described in one of the news articles! 

The second story is fully reinforced with thick floors to accommodate forklifts and the sheer weight of boxed wine inventory (some 50,000 to 60,000 cases on an approximately 21,000 square foot floor (the lower floor adds another 21,000 square feet). There is a huge freight elevator upon which the forklifts are moved up and down with pallets upon which boxes of wine rest (stacked about four boxes by four boxes, have forgotten but will check and count). 

On the first floor of the warehouse is an equipment storage room, also with thick walls. The floors are cement. In the equipment storage room is a hot water heater (not a boiler); just a conventional hot water heater-- it is not close to the wall nor is the pilot close to the wall. There was no explosion. Yet Rombauer's statements would lead one to believe the fire started in this area from a "boiler" and moved up the walls to the second floor. In fact, hot water is used to clean the barrels and facilities, but from portable machines that operate off electrical sources. Rombauer took a picture of one of these machines to the Planning Commission meeting in May through August 1997 to show how the use of these steam cleaners for barrels and tanks, etc. saves on the consumption/use of water. 

The lower floor contained finished, bottled, boxed wines in cases, labeled and on pallets. This wine was removed when smoke and fire was moving through walls. No blow outs ever occurred in this area. This is the area from which an estimated 30,000 cases of wine were removed.

The wine that was lost was on the second story, as the fire moved from inside a wall into the wood somewhere placed between the two stories, but above where fire never did get back through to the lower story. 

When the fire burned, it was smoldering, and the heat and smoke went up and out the top windows and vents. The heat and smoke did not "go down" therefore there were no serious problems in the first floor area.  The metal roof which was installed just a month before caused the fire to "smolder" rather than to flame out, as it could not get the necessary oxygen to rage.  It is exactly as the press reported--like a haystack fire, smoldering inside and emitting a great deal of white smoke. 

The fire seemed to be an "electrical fire" caused possibly by faulty wiring running through a wall ... there were no sprinklers in the building because codes did not require them in the county at the time the warehouse was built. 

The reason the building was so large was to accommodate "riddling racks" used in the production of champagne, and for the storage of cased goods of the Kornells'. These racks did not extend in height very high, as "riddling" is the process of manually turning by 1/4 turn each champagne bottle. Yet the building was built with high ceilings in warehouse fashion for the flexibility of storing more case goods for the Kornells as necessary in their business (case sales would vary, depending largely on available grape supplies, so some years crops are heavy, others they are light, and the volume could swing by more than 20,000 cases per year for their operations based on this factor). They were assured adequate storage because of this. 

Rombauer absolutely "maxed out" every square inch of the building with boxed cased goods (known as representing "OPM" or "other people's money"). When the firefighters were able to get into the second floor, they literally couldn't get in to handle the fire because the entire area was filled with the boxes of wine stacked up to the ceiling, on pallets, three pallets high.  

NONE OF THIS WAS PERMITTED ACTIVITY AS IT RELATES TO UNKNOWN INVENTORY. Note that wine is processed and aged two years before release, so if you read that a winery produces 4,000 cases/year, then double that as to volume that would be on hand likely until an August "bottling up." Then comes harvest, and in comes more. The larger wineries are bottling much of the year--in intervals. 

1,500 barrels were removed to cooler areas from the auxiliary building housing the stainless and bottling line. 3,000 barrels remained without any negative effects in the old stone winery. These 5,400 barrels were not hardly Rombauer wines. The planning commission permitted up to 12 alternating proprietors as of August 1997. These were small wine producers.

Also, Napa Cellars is an operation owned by Frank and Rombauer. Rombauer Vineyards is owned by Rombauer. In the past, both of these facilities were able to accommodate their needs by warehousing wines at public wine warehouses. The idea was that because Rombauer and Frank owned these two other operations, they were going to periodically store their own finished products at the warehouse; other than that, only the alternating proprietors producing 600 cases to 1,500 cases were going to have cased goods there.

Could the ATF have issued a warehousing license by mistake? In the "Press Democrat" articles it is repeated that Frank-Rombauer lost 70,000 cases of their wine, whereas The Napa Register indicates there were 60,000 cases there owned by other people. Richard Frank clearly lied to the Press Democrat in his interview that all of their wines are sold retail by them at the location. 

There were several operating wineries of others listed, such as Elyse in Napa. Names may have been scrambled. Mura might have been "Luna" or Paradon might have been "Paradigm". In the past, both have filed fictitious business name statements for what was supposed to be "custom bottling" of their wines only (with immediate shipping to a licensed warehouse). V. Sattui Winery, was also reported by the press as having stored sparkling wines at the warehouse.

Wineries always attempt to sell just about all of their product when it is ready for release. It is very expensive to store the wine, hold it over, but some reserves are kept to buffer against low supply years. Those reserves are asked to fetch higher prices because of the costs associated with holding the product in storage (not cheap). At the same time, they are aged longer in the bottle as reds (white wines are not reserved because they don't hold) and the flavors improve in Cabernet and Merlot, for example, with the time. 

Sometimes a vintner simply can't sell all of his product, or a new one hasn't developed a market. Some years such as 1991 involve tremendous bumper crops, and people could barely "give away" the wine. Price slashing was amazing! 

In striking contrast to the assertions of Rombauer in the press, that he lost 70,000 cases of his wine, and given the above, you will find this St. Helena Star note (printed below as Footnote 1) is most interesting. WHERE IS THE BATF'S INVESTIGATION? The known statistics indicate that Frank-Rombauer would have had the equivalency of 8,000 cases, with 4,000 of it still in barrels, stainless or oak that didn't get consumed in the fire. Wine retail prices are $20 for the Kornell Champagne produced by the Frank group at Chanterelle Restaurant in Napa per their wine list which is posted on line.  It costs $22.75 retail at the tasting room. Of course, Frank-Rombauer wholesale a lot of cases. There are still Hanns Kornell Champagne Cellars reserves on the list. This wine, they did not wholesale out, and since it holds with aging, they continue to sell it at the cellars. The Hanns Kornell reserves are reportedly "in limited supply, but stored in racks." The riddling racks are in the stone winery. Rombauer had taken the riddling racks out of the warehouse years ago. Frank-Rombauer are selling the Blanc de Blanc, Blanc de Noir, Reserve and Rouge. All cost $24.75/bottle, except the Reserve which is $27.75 bottle retail at the cellars. 

WHERE IS THE BATF? If nothing else, someone has to sort out who lost what in inventory to put this picture together. Has Rombauer refinanced? Again, the answer is yes.

Footnote 1 

St. Helena Star Online, June 15, 2000
Wine Edition 1999-2000
Winery Compendium : K 
Kornell Cellars/ Frank_Rombauer Cellars
1091 Larkmead Lane
Calistoga, 942_0657

Kornell champagne production is approximately 12,000 cases annually and Frank_Rombauer Cellars still wine varietals such as Cabernet Sauvignon, Chardonnay, Sangiovese, Merlot and Zinfandel are produced in small lots totaling approximately 4,000 cases. Duane Dappen is the winemaker. Tasting room hours are daily 10 a.m. to 5 p.m.





Virginia McCullough

"Have I missed the  mark, or, like a true archer,  do I strike my mark?
Or am I a prophet of lies, a babbler from door to door?"
Cassandra, as reported by Agamemnon

© 2000 Virginia McCullough. All Rights Reserved. Use only with written  permission. 


Sunol, California is a very small town nestled in the eastern foothills of the San Francisco/Oakland bay area.  It remains small because the feisty population fights off development constantly to keep their oasis in an ever expanding sea of concrete.  Sunol's citizens trust no politician, not even fellow Sunolians elected to public office.  That is why they elected as their mayor a beautiful black Labrador named Bosco Ramos.   Bosco won over two humans who ran against him.

With the exception of political battles, Sunol is a very quiet community.  The town has its own K-8 school district and a Little Brown Church were many couples come to get married.  It is a place where one can look up at the sky at night and no city lights compete with the stars.  You can still hear the train whistle in the late night and the church bells on Sundays.  Sunol only has five streets and two of those are crossed by railroad tracks.

Sunol's main street is just two blocks long and it is really named Main Street.    Following a series of arson fires which destroyed businesses in the 1980's, a new building began construction.  One of the first things that happened during the construction process was that Sunol's historical monument was knocked down.  It lay face down near Main Street for well over a year.  Yesterday, June 17, 2000,  it was righted and placed back in its original position.  The restoration of the town's monument was the main subject of conversation at the local cafe as Sunolian's remembered when it was first put up.

A group of red shirted men known as E Clampus Vitus first donated and erected the Sunol monument on April 7, 1984.  It is a handsome monument similar to the one shown here (Click).  The cast bronze plate inserted in the rock structure reads:


Named in honor of Antonio Maria Sunol, merchant, naval man and cattlebaron, who acquired a Spanish/Mexican land grant in 1840.

Along with vast ranching and fertile farmland, coal and gold were found in the Sunol area in the 1870's.

Sunol became a typical western cattletown with the arrival of the railroad in 1869, and a favorite hang out for bandits.

If was rumored that when Joaquin Marrietta stayed here his horse stood on a bed of charcoal keeping his hooves warm for a quick get-away.

Donated by Joaquin Marrietta Chapter 13
E Clampus Vitus
April 7, 1984

There is an old saying that goes "curiosity killed the cat - satisfaction brought it back".  As I read the inscription, I began to wonder what is this organization that goes around the western states collecting and protecting history and putting up monuments in many small towns and large cities.  Who are the Clampers?

Using the Google search engine on the world wide web, I found 179 citations supplying information on E Clampus Vitus.   The web site states the following:

The history of E CLAMPUS VITUS involves an old organization of the same name, started in the Ol' West's gold rush era and revitalized about 1931 at the Clift Hotel in San Francisco and now encompassing Arizona, California, Nevada, New Mexico, Utah and Washington D.C.

A non-profit organization, E CLAMPUS VITUS is currently involved in humanitarian and public help programs while maintaining a steadfast program of historical preservation.

Funds for very expensive projects such as solid bronze plaques and their stone monuments to be placed at long forgotten historical sites are obtained by having chapter sponsored outings, family barbecues and dances, sales of historical memorabilia and other such functions.

This same web site has excellent short and long histories of the brotherhood.  In the long version the "Plaquing" is described as follows:

Many of these plaques are recorded in state and national registries.  Before a plaque is erected the subject is clearly identified, documented and researched.  The research work alone, often taking a year or more to complete, involves many people spending long hours digging through libraries, official records, newspaper files and interviewing people.  The work is, of course, voluntary.  A single large cast bronze plaque, typical of that used, presently cost a thousand dollars or more to erect.

Following such a dedication of Plaquing as it is called, there is a traditional party still called a doin's.  As one writer noted, these party gatherings of red shirted pranksters wearing vests covered with pins, medals, ribbons and badges lead to the organization's reputation as either a "Historical Drinking Society" or a "Drinking Historical Society".  While there is no denial that distilled and fermented beverages freely flow, the group is officially and vehemently opposed to public intoxication and requires that those who partake have a "Brother of sobriety holding the reins".

For those readers interested in reading more about this organization go to  for a list of books, articles and chapters.

San Francisco's world famous columnist Herb Caen in his San Francisco Chronicle dated Wednesday, January 3, 1996 commented: 

"COLORFUL:  Why is the Ancient and Honorable Order of E Clampus Vitus, the prankster group that dates back to the Gold Rush, celebrating the beginning of the 61st Century?  Explains veteran Clamper Duane Bryant: `1995 was 6000 because time began on Monday, January 1, 4005 B.C., at 12:00:01 a.m., remember?'  Sorry to say I do."

The Clampers pride themselves on the age of their organization and several of the web sites talk about the competition among brotherhoods for the oldest existing order.

One book in this author's Western History Collection dedicates Chapter XXVII  to the author's "Experience with the Lodge of E Clampus Vitus".  The author, W.T. Ellis entitled his 1939 publication "MEMORIES:  My seventy-two years in the Romantic County of Yuba, California."  Published by the University of Oregon at Eugene, this biography is a treasure trove of history.

So in appreciation of Sunol's monument makers and in honor of E Clampus Vitus this author posts author Ellis' entire chapter below:


In a previous chapter, I have mentioned that I first joined this lodge on my first business trip to Downieville, having been advised that it was necessary to be a member of this lodge if I expected to obtain any business with the merchants.

The night I joined, the meeting was held in quite a large hall, and there must have been about one hundred men present.  When the proceedings were about to commence and the meeting called to order by the presiding officer, whose title was "Noble Grand Humbug" those present were seriously admonished to keep quiet and preserve due decorum during the initiation.

I was then led out by two husky men and was stationed before the Noble Grand Humbug, who proceeded to ask my name, my age, my occupation and this was followed by very embarrassing questions.

The Noble Grand Humbug, then addressed those assembled and asked them in a loud voice, if in their opinion I had answered all questions in a satisfactory manner and asked, "What is the will of the lodge?"  In unison and with practically one voice, all those present roared, "Initiate the Son of a B----."  They all then joined in a song which commenced as follows:--

        "You will get all that is coming to you,
        And a damn sight more before you are through.."

(I will not give the rest of the song for obvious reasons.)

I have still a very vivid recollection that the DID initiate me and for about two hours I was put through various hazings, from being dropped for a coffin, suspended in the air with a trick opening bottom, into a tank of cold water, to crawling through what was called a "noiseless cavern," which consisted of a long pipe, just wide enough to crawl through and when I got about the middle of the pipe, several husky fellows, commenced to roll it back and forth the hall's length, all the time belaboring the tank with clubs, which made it anything but "noiseless."  The finishing touch was trying to ride the back of a large stuffed bear in my birthday suit, the bear being so adjusted that it would buck me off quite frequently; there was no use to attempt to refuse to "do my stuff"; I soon found that out because four good husky fellows would compel me to keep up with the programme.  It was rather a cold evening but notwithstanding my lack of clothing, I was bathed in perspiration; the final stunt was to throw me in a bank of snow outside the building "to cool me off" and then immediately returned to the hall, where two huskies with Turkish crash towels gave me a rubdown and then helped me to put on my clothes.  Then each "brother" in turn came up and saluted and welcomed me and shook my hand, each one apparently trying to outdo the other in the violence of the hand shake, which left my hand sore for a week.  Otherwise, outside of being "just a little sore and bruised," there were no ill effects from my experience.

As far as I can learn, this lodge of E Clampus Vitas started in the mountain areas for amusement purposes during the long winter months, when snows prevented mining and where there was little or no communication with the outside world except the mails.  Several of the larger mountain towns had their separate lodges and they really did a lot of charitable work.  I remember that at Downieville one time, a miner was accidentally killed, leaving a wife and several children; a meeting of the full membership of the Lodge was called and every one was expected to contribute to a charity fund which was at once turned over to the widow amounting to several hundred dollars.

However, my "initiation" was not forgotten and I swore to get even on some and shortly afterwards, I helped to start a lodge of E Clampus Vitus in Marysville.  We had a large hall of the second story of the present brick building at the southeast corner of D and First Streets; we raised funds and had a complete set of necessary paraphernalia, obtained a copy of the "ritual" from Downieville and were "ready for business."  It wasn't long before most all business men and their clerks had joined the lodge.  We initiated candidates quite often, mostly drummers, and we made agreements for quite a long time while between the business houses, that drummers had to "belong to the lodge" if they wanted to get orders.  Almost every week we would have an initiation and every member knew when a "sucker" was had for a initiation that evening, when the "hewgag" sounded, which sounded like a fog horn and could be well heard over town.  A minister of a certain church heard about the lodge's "doings" and took exceptions to their practices and complained that most of these initiations were on Sunday evenings, so on one Sunday evening, he gave a sermon on the absence of men at church and exclaimed, "Where, oh where are our young men tonight" and just at that moment the hewgag was heard with its weird and mournful sound, and many in the congregation were unable to refrain from laughing, as that sound of the hewgag was sufficient answer as to "Where, oh where are our young men tonight?"

The first lodge was practically "put out of business" on account of the publicity in many newspapers of the State because of an initiation of an English Lord; this was on January 25, 1896.  This was Lord Sholto Douglass, a younger son of the Marquis of Queensbury, who was greatly interested in prize fighting in England and who first drew up the rules of the game which were and still are known as the "Marquis of Queensbury rules."  It seems that young Lord Sholto Douglass had married a London dance hall girl, which got him into disfavor with his father.  In consequence, and on the strength of him title, he and his wife started a vaudeville show to make a living and came to America on tour.  They came to Marysville and gave a show one evening in the old Marysville Theater; it wasn't a very good show and as they had been having very slim attendances in California when they gave their show in Marysville, they were about "broke."  As the show here had a very slim attendance also, they "were up against it" financially.

A few of us thought we saw an opportunity for some amusement, so a committee from the Clamper's Lodge called on the young Lord and told him that he would give another show the following night, that we would guarantee the theater rental and some other expenses and would go out and sell tickets and perhaps make him some money, BUT, he would have to join the Clamper's Lodge that evening.  He consented and "he go what was coming to him and a damn sight more before he was through," the same as I had in Downieville; the lodge hall was packed, we had tickets printed and sold them to those present, appointed committees to go out and sell more tickets and the following evening, the theater was packed full and he and his show left town rejoicing.  All the newspapers in the State had accounts of his initiation and it gave him a lot of free advertising and he made a successful tour to New York.  After his initiation in the Lodge room, he was called on for a speech and he said; -- "Brother Clampers; I say, you are a rum of chappies, I can't say that I really enjoyed this very extraordinary initiation you have just inflicted upon me, but you tell me that this is the usual thing in California and as I have always heard that California was wild and woolly, I know now that it is so and I will always remember you and this Lodge and I want to tell you that I really appreciate what you are going to do for me tomorrow by helping me out of a blasted financial hole and I thank you, by Jove I do."  He was a "good sport," but he put our Lodge "out of business" as we could get no more "suckers" to join after that because of the newspaper publicity over the State.  In after years, Clampers' lodges were started at various, but without much success as candidates were too few and far between.

This author purchased this rare and wonderful book specifically because it contained the chapter about E Clampus Vitus.  For several week in September and October of 1997, the local newspapers had been full of stories about the City of Dublin, California and the controversy involving the Clampers' 99 year lease obtained through the Dublin Historical Preservation Association.  The newspaper headlines screamed "Conflict of Interest", "Drinking Society", and "Back Door Deals" (Click).  When I discovered author Ellis' book, it was ample proof that while the world might continue to evolve and change, E Clampus Vitus remains the same.

Virginia McCullough © 2000
[email protected]

As I pass through this life, may I always be humble, may I never take myself serious-"a stuffed shirt", may I always appreciate a little bit of the "rediculous"; may I always be a two-fisted Clamper when the bottle pass's my way, and if I imbibe and can't hold it like a man, then may I always be able to "Pass it on to the next Brother", may I never forget the stout-hearted men who settled a great Western wilderness, and the heritage we have today; may I never fail to appreciate a bit of Western lore.

The Gold Creek historical plaque reads:

Gold Creek
The Great Gold Discovery of 1871
On Feb. 8, 1871, two men, the names of Neal F. Taylor and Timothy Cox, who were looking for coal in the area found more than they were looking for. On this creek which comes down through the then Dougherty Ranch the two men found a gold nugget. They prospected the area finding more nuggets and gold dust. Soon others heard of this and there was a grand rush to gold creek. There were 20 claims staked and some 30 men working the creek for gold, which never produced much and was deserted by April 1871. There is no longer gold in the creek but it is yet another chapter of gold mining in Alameda County.
Dedicated to the hardy miners of the 1800's this April 2, 1988 by
Joaquin Murrieta Chapter 13
E Clampus Vitus

by Kate Dixon © 2000

The Los Alamos National Laboratory (LANL) is operated by the University of California for the U.S. Department of Energy.  The United States military or the FBI are not employed to guard the LANL'S top nuclear secrets.  Private firms, who do not take the military or FBI loyalty oath to the United States, are employed instead.  WHO ARE THESE FIRMS WHO GUARD THE LANL?  Wackenhut and Protection Technology Los Alamos, Inc.  So far, the USA and the media have not called them to task as why the total breakdown in the security at LANL occurred on their watch. NewsMakingNews breaks the story:

From 1984 to the present, The Wackenhut Corporation has had a contract with the Department of Energy to provide "management and operation support services" for the DOE'S Nonproliferation and National Security Institute (formerly the Central Training Academy). The Institute is comprised of three academies: Safeguards and Security, Arms Control and Nonproliferation and Emergency Management.  Wackenhut trains the DOE's security professionals at the Kirkland Air force Base in Albuquerque, New Mexico.  Wackenhut's work for the DOE emphasizes: "Security Police Officer/ Security Officer, Physical Security/ Systems, Information Security, Personnel Security, Leadership/ Supervision, Facility Survey, Operations Security, and Nuclear Materials Control and Accountability activities."  Click to read Wackenhut's description of its contract. 

From 1990 to the present, the Wackenhut Corporation has had a contract with the Department of Energy "to provide the DOE with technical and administrative services in support of the Accelerated Access Authorization Program, to include psychological assessments, drug testing/urinalysis, medical records review and counterintelligence scope polygraph examination."  The Wackenhut testing center is located at: 3201 University Blvd., S.E. Ste. 103, Albuquerque, New Mexico.  This Wackenhut program is called the Accelerated Access Authorization Program. Click to read Wackenhut's description of its contract.

From 1992 to the present,  Protection Technology Los Alamos Inc. has  provided physical security services to Los Alamos National Laboratory, a subcontract worth about $26 million per year during the past four years.  Click to read LANL's description of the contract.  This contract was renewed in 1997 despite the extensive problems with LANL nuclear security which resulted in  Wen Ho Lee arrest for security violations.  "Protection Technology provides more than 400 guards and other personnel provide security at Los Alamos, a U.S. Department of Energy facility. Their duties include protecting nuclear materials; providing personnel and training for tactical response teams; maintaining, monitoring and responding to sensors and alarms; guarding security stations; patrolling the 43-square-mile Laboratory; guarding transportation convoys; protecting property; operating a live firing range; and regulating parking."

Day and Zimmerman Group, Inc. a privately-held corporation, based in Philadelphia, owns and operates Protection Technology Los Alamos, Inc.  Day and Zimmerman's web site states: "Day & Zimmermann's engineering and facilities' management expertise naturally expanded to include provision of highly trained professionals delivering sophisticated security programs to very sensitive installations. Protection Technology was formally founded in 1987 through consolidation of Day & Zimmermann's security services operations. We currently serve a growing number of Fortune 500 firms, Department of Energy facilities, utilities, and nuclear power generating plants throughout the United States. Delivery of 100% safe environments is our core dedication and a key "attitude" at Protection Technology." Click to read Day & Zimmerman's web source.


In a recent press release (Click to read entire release) Day & Zimmerman stated:

William R. Holmes, a retired Army Brigadier General, joined Day & Zimmermann in 1998. He was named president of Day & Zimmermann, Inc., formerly the Government Systems Group in 1999. This unit of The Day & Zimmermann Group, Inc. is responsible for the production, storage and demilitarization of ammunition products and provides related services to the Departments of Defense and Energy and to U.S.-approved foreign governments.

Holmes came to Day & Zimmermann after more than 30 years of U.S. Army service. During that time, he held a number of important positions in logistics and acquisitions, principally in munitions and armament systems. His final assignment was Deputy for Ammunition in the office of the Assistant Secretary of the Army for Research, Development and Acquisition. In that role, he was responsible for development of the Army’s annual ammunition budget and oversight of the U.S. ammunition industrial base. He also served as the Commanding General of Picatinny Arsenal, New Jersey. Additionally, his Army service included command tours in Germany, Vietnam, Hawthorne Army Depot, Nevada and Seneca Army Depot, New York.

Day & Zimmermann, Inc. is a leading global provider of diversified professional, technical and personnel services encompassing the full range of engineering, construction and maintenance services; technical staffing; munitions production, logistics and disposal; facilities management; and security services. One of the world’s largest and most successful privately held, family-owned and operated businesses, Day & Zimmermann was named the national family business of the year in 1998. Founded in 1901 and headquartered in Philadelphia, Pennsylvania, the company is ranked 108 in Forbes magazine’s listing of the top 500 private companies.

Hoover's On-line states that family of recently retried CEO Harold Yoh III has operated Day & Zimmerman since it was founded in 1901.  Hoovers states: 

Without getting dazed, Day & Zimmermann circles the globe providing technical and engineering consulting and construction services. It provides services such as procurement, project management, security, and staffing, mostly for defense, energy, and industrial projects. Defense projects have included assembling Tomahawk cruise missiles and anti-tank weapons. The company also operates dedicated offices for individual clients, such as its Charlotte, North Carolina, location that serves DuPont. Founded in 1901, Day & Zimmermann is owned by the family of CEO Harold Yoh III. The company is adding to its munitions operations by acquiring Mason & Hanger Engineering, the US's oldest engineering and construction firm.  Click to read more of Hoovers.

Duke University provided a good biography of Harold Yoh III: 

Spike Yoh retired last month as chairman of the board and chief executive officer of Day & Zimmermann Inc., a billion-dollar sales diversified professional service firm now managed by his children in Philadelphia. Spike Yoh graduated in 1958 from the School of Engineering and Mary Milus Yoh graduated from Duke's Woman's College in 1959. The Yohs and their five children (Harold III, Michael, Karen, Jeffrey and William) and a daughter-in-law (Sharon) collectively have earned nine degrees from Duke.

The Yohs' previous gifts traditionally have supported the university's academic program. In 1996, they established the Yoh Family Professorship and were among the first donors to respond to a major university initiative to enhance faculty support that was made possible by a matching gifts challenge from Duke parents Anne and Robert Bass, of Fort Worth, Texas. Spike Yoh chaired the Duke Annual Fund from 1993 to 1996. Under his leadership, the Annual Fund set giving records, reaching the $11 million mark for the first time.

"What we support is a matter of what Duke needs," Spike Yoh said. "Our endowment for the professorship provided faculty support to emphasize the importance of Duke faculty being excellent in teaching and research. And our support of the Annual Fund reflects our appreciation of Duke's need for ongoing operating support.

"Duke has always provided strong support to help student-athletes succeed academically and, with the $20 million investment in student recreational facilities (now under construction), the university has ensured that all students have access to first-class fitness and recreational facilities. We think it's important that the football players also have a first-rate facility to support their competitiveness on the gridiron. This is a 'two-fer' for Duke, because we will have a new building and at the same time free up space that student-athletes need in other sports."

Mary Yoh originally suggested to her husband that this was an area where their philanthropy could serve an important Duke need. "Duke football is going to be at a disadvantage until we have the right facilities," she said. "We knew that many other ACC schools have significantly upgraded their football facilities. We have a great new coach and we want to support him, his players and the program."

The $5 million gift is part of the athletic department's $65 million goal to increase student scholarships and athletic facilities as part of Duke's $1.5 billion fund-raising Campaign for Duke.

Spike Yoh began his professional career in 1960, joining a firm begun by his father, the H.L. Yoh Co., which merged with Day & Zimmermann in 1962. He held a variety of management positions with the firm, becoming chief executive officer in 1976 and chairman of the board in 1980. He earned a master's degree in business administration from the Wharton School at the University of Pennsylvania in 1962.

Since graduating from Duke, Spike Yoh has been active in university affairs, particularly at the School of Engineering, where he served as chairman of the Dean's Council and on the school's development committee. He was first elected to the university's Board of Trustees in 1991 and is in his second term. He holds a number of awards from the university, among the most notable being the Charles A. Dukes Award for Outstanding Service to the university (1996), the Blue Devil Award (1986) and the Engineering Distinguished Alumni Award (1983).

He has been active also in civic and charitable activities in greater Philadelphia. He has been honored for outstanding service by numerous organizations, including the Boy Scouts of America, the American Red Cross, the Greater Philadelphia Chamber of Commerce, the American Jewish Committee and the March of Dimes.

Spike Yoh has served as a member of the executive committee and chairman of the Greater Philadelphia Chamber of Commerce; Mid-Atlantic chairman of the U.S. Olympic Committee; board member and vice chairman of the Philadelphia Industrial Development Corp.; and member of regional and national committees, including continuing service on the national executive board of the Boy Scouts of America. (Click to read more.)


Is the Yoh family which controls and operates Day & Zimmerman related to Bernard Yoh, now deceased, who was on the Board of Directors of Accuracy in Media, a CIA front?  Public Information Research (PIR) provided biographical data about Bernard Yoh: 

Bernard Yoh also has a history of intelligence and military work. He is/was a professor of psychological warfare at the Air Force University in Montgomery, Alabama. He was a hit man for the Shanghai police during the Sino-Japanese war and organized the South Vietnamese counterinsurgency forces during the Vietnam War. In the 1964 Brazilian coup, Yoh advised the Brazilian generals.(2,6)  (Click to read entire PIR article.) (Click to see PIR Name Base connections for Bernard Yoh.)

Bernard Yoh was well-connected to Reed Irvine who served on the Council for National Policy.  Bernard Yoh "contributed regularly to the Unification Church publication Rising Tide and was a strong supporter of the Rev. Sun Myung Moon and the South Korean government." (Click to read entire article.)


Wackenhut was founded by George Wackenhut, FBI agent, who obtained Wackenhut's first big job, when it worked as the investigator for Clay Shaw, accused by Jim Garrison in the assassination of John F. Kennedy.  Since then, Wackenhut Corporation has become of the world's top security and investigation firms.  Wackenhut was investigated  by Congress in regard to its dirty trick campaign against persons who protested the Alyeska pipeline.  Wackenhut recently was charged in Texas with running private prison facilities where inmates were raped and beaten (60 Minutes June 2000.)  Wackenhut is known as the "CIA's CIA."  At the Cabazon Indian reservation, Wackenhut engaged in biological and munitions research with black cover operatives.  On its board of directors, in the past, was William Casey, former CIA director.  Its current board of directors is a who's who list of right wing intelligence operatives. 

In Alameda County, California Wackenhut provides "food and other services" at the Santa Rita County jail in Dublin, and provides investigation services for the Emery Unified School Board which ran the human pain experiments on school children for the University of California, San Francisco.  Wackenhut's job in Emeryville was to silence the molested students who were injured by the pain experiments and the perverted teaching staff which permitted the experiments and themselves administered pain and molestation.  Wackenhut provides services for many other Bay area public entities and private firms.  An excellent description of Wackenhut's services and history is contained in an article printed in Spy Magazine.  (Click to read the entire article.)  The Wackenhut Corporation is the "grand central station" of dirty intelligence operations.  (Click to see Wackenhut's connections.  Click to see George Wackenhut's connections.)

The two discs which were "lost" at the LANL have been found behind a copy machine.  Who is being questioned?  The media has yet to report that the security firms involved have been questioned at all!  Or are these security firms conducting the investigation?  A prime question in the LANL investigation is what was and is the role of Wackenhut and Protection Technology Los Alamos, Inc. and Day & Zimmerman and the Yoh family? 

It's time to let the United States military enlisted persons perform security at the laboratories.  These private investigation firms have their own for-profit agendas and other personal agendas.  Only the military is qualified to perform these services at the laboratories, because it is subject to the oath of loyalty to the United States of America.  If a military person breaks that oath, the remedy is likely to be sure and swift pursuant to the Code of Military Justice.


Nonproliferation and National Security Institute
Source: Wackenhut's website at:

Contract Information

Title of Contract: Management and Operational Support Services
Contract Number: DE-AC04-95 AL97273
Contracting Agency: U.S. Department of Energy
Performance Period: 1984-Present.
Type of Contract: CPFF (LOE)

Description of Work

The DOE Nonproliferation and National Security Institute (formerly the Central Training Academy) is comprised of three academies: Safeguards and Security, Arms Control and Nonproliferation and Emergency Management. It provides standardized/tailored training at its main campus and live fire ranges, and through its multimedia distance learning capabilities (on-line via the Internet, interactive television via satellite, video/audio tape, CBT-CD ROM, televideo hookup, and correspondence), for security professionals, arms control, nonproliferation and emergency managers. Training support can be provided to federal, state and local government agencies under a variety of contractual agreements.

General Manager: Frank K. Martin
Location: Kirtland Air Force Base
Albuquerque, New Mexico
WSI Services Provided: Training, seminar, workshop and conference support, with emphasis on: Security Police Officer/ Security Officer, Physical Security/ Systems, Information Security, Personnel Security, Leadership/ Supervision, Facility Survey, Operations Security, and Nuclear Materials Control and Accountability activities

 Contact Information

For information on training anybody, on anything, anytime or anywhere, or technical, operational, financial and management support services questions please call:


Contact: Jacqueline D. Taylor
Title: Contracts Administrator
Telephone: (505) 845-5170 x440
Fax: (505) 845-4437
Postal Address: P.O. Box 18041
Albuquerque, New Mexico 87185

Copyright © 1997-2000 - Wackenhut Services, Inc. All rights reserved.


Source: Wackenhut's website at:

Contract Information


Title of Contract: Accelerated Access Authorization Program
Contract Number: DE-AC04-94AL 94463
Contracting Agency: U.S. Department of Energy
Performance Period: 1990-Present.
Type of Contract: CPFF (LOE)

Description of Work

To provide the DOE with technical and administrative services in support of the Accelerated Access Authorization Program, to include psychological assessments, drug testing/urinanalysis, medical records review and counterintelligence scope polygraph examination.



AAAP Testing Center: 3201 University Blvd., S.E. Ste. 103
Albuquerque, New Mexico
Manager: Wolfgang Vinskey
Full-time Employees: Four (4)

Copyright © 1997-2000 - Wackenhut Services, Inc. All rights reserved.



Virginia McCullough

"Have I missed the  mark, or, like a true archer,  do I strike my mark?
Or am I a prophet of lies, a babbler from door to door?"
Cassandra, as reported by Agamemnon

© 2000 Virginia McCullough. All Rights Reserved. Use only with written  permission. 



Marin County District Attorney Paula Kamena conducted a well financed campaign when she ran for  office in 1998.  She reported on her campaign statement covering the period between 3-18-98 and 5-16-98,  that she loaned her campaign $45,000 in increments of $5,000, $15,000 and $20,000  over just an 11 day period in May.  By the end of June, 1998, Kamena reported that she had received contributions of $145,975.  She was, however, in the hole at the end of June, because her total expenditures were $148,889.  This campaign red ink was in spite of the fact that Kamena loaned her committee an additional $58,751 during the reporting period of 5-17-98 through 6-30-98.

One could speculate that she was buying her office and had no independent support.  But many other people were contributing to Kamena to assure her election. Certainly her parents and siblings - the Freschi family - were financially supporting Kamena.   Attorneys, deputy district attorneys, judges, assistant prosecutors, public defenders, probation officers, sheriffs, local law enforcement officers and developers were among the professions who contributed by far the largest amounts to get Kamena her job.  Occasionally one can find a homemaker who also contributed such as Elizabeth Boren whose accumulated contributions totaled $450 by the end of June 1998.

By the end of June 1998 retired Marin County District Attorney Jerry Herman, who had selected Kamena as the next District Attorney, contributed $500 to get her elected.  After all, he was financially backing the candidate he had hand picked for the job.  Not to be out done by Herman, Michael Gridley, the Marin County 1998 District Attorney contributed $850 by the end of June that same year.

Judge Lynn Duryee contributed $100 on 3-20-98.  Attorney David P. Freitas contributed $250.00 on 4-11-98.  On Judge Duryee's California Fair Political Practices Form 700 [Conflict of Interest Form]  filed 12-7-99,  she identifies her husband's law firm worth over $100,000 as the Freitas Law Firm.

Finally two contributions of $100 each are listed.   On 12-11-97 Verna Adams [the Adams & Dornan Inc. law firm] contributes $100 to Kamena; Adams identifies herself as an attorney.  Shortly she will be appointed a judge.  Recently on Friday, June 9, 2000, Judge Verna Adams refused to recuse herself on the case District Attorney Kamena has brought against Carol Mardeusz for perjury.

The second $100 contribution given to Kamena occurred on 10-8-98 and the donation came from Public Defender Mark Davis.  Davis would soon be appointed to represent Carol Mardeusz even though she had not requested a public defender.

On October 18, 1999, Davis wrote the infamous memo to Prosecutor Kelly Vieira stating that Kamena's office had no legal leg to stand on in prosecuting Carol Mardeusz for the attempted kidnapping of the child she has sole legal custody of, her daughter Haleigh.  Davis' memo would serve as a blueprint for Kelly Vieira and Kamena's office showing the prosecutors the errors they made when they filed the kidnapping case.  On November 24, 1999, following  the receipt of Davis' memo, Kamena's office stated that they would bring back an amended complaint for an upcoming hearing before Judge Terrence S. Boren scheduled for November 29, 1999.

Instead Kamena's office, with Deputy District Attorney Kelly Vieira in the lead, secretly impaneled a criminal grand jury, lied to the panel members, did not disclose any exculpatory evidence, hid the physical and sexual abuse of Haleigh Mardeusz from the eyes and ears of the panel members, and obtained an indictment of Carol Mardeusz for multiple counts of perjury.  This effectively placed Carol Mardeusz is a position of having been once in jeopardy and now  she was again under the gun leveled at her by the Marin County District Attorney Paula Kamena and her underling, Kelly Vieira.  Judge Boren took no judicial notice of the fraud upon his court and ignored the fact he had been lied to by Kelly Vieira when she said that she would return with an amended complaint.  Now Vieira returns to Boren's court with a grand jury indictment, secretly obtained from grand jury members who were deceived by the prosecutor's office.

Judge Terrence S. Boren conducted the initial hearing on the new charges and insisted that Mardeusz have Public Defender Mark Davis as her attorney for this new ordeal forced upon her by Kamena's office.  Mardeusz did not want Davis because he had told her that he was giving information about her defense to prosecutor Kelly Vieira.  In fact, since Davis told her this, the Novato Police Department had raided her home without a search warrant when only her teenage daughter and her friends were present.  Judge Boren would not listen to the Mardeusz objections about Davis and he would not retract his order.   Judge Boren was attempting to have the Mardeusz defense controlled by Public Defender Mark Davis so that Carol Mardeusz could not defend herself.  Mardeusz asked Judge Boren to retract his order to have Davis control her defense in order to save Davis the embarrassment of open hearings; Judge Boren refused.  This forced Carol Mardeusz to endure several Marsden hearings which determine adequacy of counsel.  Following these hearings she once again regained control of her own defense.

When a client has an attorney to represent them, they are not allowed to speak for themselves or conduct their own defense.  Carol Mardeusz had been very intelligent and articulate in defending her daughter, Haleigh, and in defending herself.  She had become a pain where it hurts in the lower anatomy of the judiciary and the prosecutors offices of Sonoma and Marin Counties.  It was obvious that the political backers of Marin County District Attorney Paula Kamena were placed in positions of control over the Carol Mardeusz case to aid Kamena because the prosecutor's office was inept in their prosecution.  Why did not these political backers of Kamena declare their bias and their contributions to Kamena's campaign?

Perhaps it is because  Marin County only complied with the California State Fair Political Practices law initiated in 1978, last year in 1999.  In other words, Marin County's good ole' boys and good ole' girls network was so confident that they could continue operating with impunity that they did not comply with state law for over  twenty years.   The clerk for the Marin County Board of Supervisors advised this reporter today that she would send me the entire resolution and accompanying documents by mail today.

One can only conclude that there are no clean hands in the courts in Marin County where Carol Mardeusz is concerned.  No one in the judiciary or the public defenders or prosecutor's office in this county will lift a hand to protect young Haleigh Mardeusz.

Virginia McCullough © 2000
[email protected]