Is Tucker a Jew, a Zionist, a Mossad Agent, or or or?


In the private investigative world, the Archie Bunkers of the world accuse me of being anti-police and a Communist Pinko Meathead.  On the left, I get accused of being everything from a CIA/FBI operative to a Zionist agent for Mossad by one faction and accused of not even being Jewish at the same time by another faction.  Here’s a chart detailing the latest wacky accusations being circulated all over creation about me.  They are really rather amusing….and, as it happens, some of the half-truths circulated about me turn out to have some very serious revelations about Kevin D. Akin of the California Peace & Freedom Party…..

The Players:

Augstine Cebada aka Chris Eichwald, rabid anti-semite

Augstine Cebada aka Chris Eichwald, rabid anti-semite

Convert Kevin D Akin claims publicly that Jan  B Tucker isn't a Jew

Convert Kevin D Akin claims publicly that Jan B Tucker isn’t a Jew

Randy Gamez says Tucker's a Jew who has no business being in the Chicano Moratorium because he's a Jew... and Luis Rodriguez denied that this was anti-semitic

Randy Gamez says Tucker’s a Jew who has no business being in the Chicano Moratorium because he’s a Jew… and Luis Rodriguez denied that this was anti-semitic


Chart_001Chart_002Chart_003 Chart_004 Chart_005 Chart_006 Chart_007 Chart_008 Chart_009 Chart_010 Chart_011 Chart_012 Chart_013 Chart_014 Chart_015 Chart_016

Usable links from the chart:





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Employee Social Media Comments Protected by Federal Labor Law


September 11, 2014

Important — and good – news about workers and social media. From  Newspaper Guild attorney Barbara Camens:

The NLRB has affirmed its commitment to broadly protect employees who use social media to discuss workplace concerns.

Concerted ActivityIn Triple Play Sports Bar, 361 NLRB No. 31 (August 22, 2014), the Board found unlawful the discharge of two employees for a Facebook discussion of their employer’s mistakes in income tax with holding.  The first employee had simply “liked” a comment posted by a former employee:

“Maybe someone should do the owners of Triple Play a favor and buy it from them. They can’t even do the tax paperwork correctly!!! Now I OWE money…Wtf!!”

The second had posted the following comment: “I owe too. Such an asshole.” The employer fired both for disloyalty, defamation, disparagement and undermining the company’s public image.

Triple Play NLRBThe Board found the Facebook communications “concerted” for purposes of National Labor Relations Act protection as the communications addressed a mutually held workplace concern regarding employee tax liabilities.  The Board then discussed whether the social media posts were rendered unprotected on grounds of disloyalty.  Because the comments were made off-duty and off-site, the Board found inapplicable its Atlantic Steel test, which analyzes whether face-to -face communications at the workplace between an employee and a supervisor are “so opprobrious” as to lose protection of the Act.

The Board instead followed the Supreme Court’s test in Jefferson Standard and Linn and found the employee comments to be neither disloyal nor defamatory:

Where, as here, the purpose of employee communications is to seek and provide mutual support looking toward group action to encourage the employer to address problems in terms or conditions of employment, not to disparage its product or services or undermine its reputation, the communications are protected.

Because the Facebook comments were fully protected by the Act, the Board ordered reinstatement and back pay for both discharged employees.

Finally, the Board struck down as overly broad the employer’s “Internet/Blogging” policy contained in its employee handbook. The policy provided:

…when internet blogging, chat room discussions, e-mail, text messages, or other forms of communication extend to employees revealing confidential and proprietary information about the Company, or engaging in inappropriate discussions about the company, management, and/or co-workers, the employee may be violating the law and is subject to disciplinary action, up to and including termination of employment…

The Board found the ban on “inappropriate” internet discussions to be so vague as to unlawfully chill the exercise of protected communication rights.

The Triple Play decision is most welcome, as several social media decisions – including Hispanics United of Buffalo – have been set aside by Noel Canning, the Supreme Court ruling that rescinded the recess appointments of certain Board members. Stay tuned as the Board continues to respond to the impact of Noel Canning.

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At One Million all-time page hits…. see below the best of the Detective’s Diary for the last year

As of 1:20 a.m. PST 9/19/14:

Site Statistics

Unique Pages Served: 45785

Total Sessions: 291356

Total Page Hits: 1000001

Check out our best posts over the past year….

The Adventures of Eddis the Menace

St Louis, Ferguson, Michael Brown and Why I’m Not Surprised

District Attorney Report on Andy Lopez Death is a Travesty

Take Cover: Hired Mudslinger Rides Into the 2014 Election

Iraq’s Future is Yugoslavia

Boxing: A Conspiracy in Restraint of Trade?

A Tale of Two Mothers-Part I

Constitutional History of Secession of the former USSR

Shame on Labor & Miguel J. Santiago

Telephone Metadata and Due Process

Behind the Scenes – People v. Noguez

LA City Auditor Calling It Quits

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The Adventures of Eddis the Menace


Deadbeat dadShasta County, California went after Eddis “the Menace” Davenport in Shasta County Superior Court Case No. 007642 as a deadbeat dad.  Demonstrating the pathetic state of child support collection departments in California I never got a response from Shasta County when I put them on notice that:

(a) Eddis Davenport has apparently adopted the alias Ellen Davenport with which he uses SSN 618-xxxxxxx (and his own date of birth) to evade his child support obligations and for other purposes of fraud;
(b) Eddis Davenport is operating E. Davenport Food Group LLC (California LLC #201313010026) at 7601 S Western Ave Los Angeles CA 90047;
(c) Eddis Davenport appears to be a thrice convicted felon: his felony and/or moral turpitude convictions include forgery in the State of Kansas (Johnson County, Case No. K59918) and Los Angeles Superior Court (Case Nos. YA032518; SA016309);  [I subsequently found that he also did federal time for fraud, see the last two pages of his criminal records, below]
(d) Eddis Davenport is currently living at xxxxxxxxxx LOS ANGELES CA 90056;
(e) Eddis Davenport is, according to my clients, receiving public assistance of various types including but not limited to SNAP benefits; he is believed to be receiving public assistance through his own name and possibly other names at xxxxxxxxxxxx, LOS ANGELES, CA 90008.

On top of all that, without the knowledge of the property owner where he was operating an ice cream parlor, Eddis apparently took out a fire insurance policy with Builders & Tradesmen Insurance in the property owners name.  Then the building conveniently had a fire and only then did the insurance company bother to let the supposed policy owner know that she purportedly had the policy and that supposedly, an attorney she’d never heard of — Albert D. Mastroianni — was representing her on a claim!

Now just in case you think that any of this is a coincidence consider Eddis’s criminal record (and while we’ve made complaints to the LAPD, LAFD, State Bar, and Dept of Insurance, the only agency that we know to have promptly followed up is the Dept of Insurance):

Eddis Crim1_001Eddis Crim1_002Eddis Crim1_003Eddis Crim1_004Eddis Crim1_005Eddis Crim1_006Eddis Crim1_007Eddis Crim1_008Eddis Crim1_009Eddis Crim1_010Eddis Crim1_011Eddis Crim1_012Eddis Crim1_013Eddis Crim1_014Eddis Crim1_015Eddis Crim1_016Eddis Crim1_017Eddis federal_001Eddis federal_002

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Chicano Moratorium Press Conference–From the Frontlines of Ferguson


Rls Press Conference_001

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Government Sanctioned Murder by Cop


Government-sanctioned Murder by Cop – in Sonoma County and Beyond
by Elbert “Big Man” Howard                                                                                 August 19th, 2014
L:  Irv Sutley, Peace & Freedom Party State Chairperson, 1970-72; R:  Elbert "Big Man" Howard, Black Panther Party founder

L: Irv Sutley, Peace & Freedom Party State Chairperson, 1970-72; R: Elbert “Big Man” Howard, Black Panther Party founder

It is late at night and I am watching the 24-hour coverage by the major television news media stations of the murder of Michael Brown and the goings-on in Ferguson, Missouri. I am very tired but still I watch, transfixed. Once again, a young, unarmed Black man, an 18-year-old child really, had been gunned down by a cop in broad daylight, for all to see. Brown was not shot during the commission of a crime but in a position of surrender with his hands held up. Yet, still he was shot, at least six times, including once in the top of his head.

The news media reporters in Ferguson are now being charged by law enforcement with making actions by “outside agitators” worse and many of them have been tear-gassed , and some arrested, along with peaceful protestors, who have not been allowed to stand still and have to keep moving. Now the people are told to disperse or be arrested, although the two-day curfew has been lifted. The images of the multitude of combat-ready, armed-to-the-teeth, totally militarized law enforcement officers, including the National Guard and the arrests occurring before my eyes, the tear-gassing and the anger, are all too familiar to me. I am now seventy-six years old, and still here, despite being one of an “endangered species” both as an African-American male, and also as one of the original six founders of the Black Panther Party for Self-Defense, which formed in October 1966, originally for the purpose of ridding our communities of police brutality and murderous, racist, bullying cops.
The murder of 13-year-old Andy Lopez on October 22nd, 2013, and the decision, so many months later, by Sonoma County D.A. Jill Ravitch, to clear Sheriff’s Deputy Erick Gelhaus of the crime, is still fresh in my mind. I think of the mind-boggling, insulting, reprehensible decision to send Gelhaus back out this week to patrol and terrorize the Latino community members and others – no surprise to me, but sickening all the same. It was a bright and sunny day that October 22nd, recognized as the date for all to stand up against police brutality, when Gelhaus, a “trained weapons instructor and firearms expert”, spotted Andy, who was carrying a toy gun and was on his way to a friend’s house. Within seconds, Gelhaus fired eight shots, seven of which struck and killed 13-year-old Andy.
So many other victims come to mind, like Oscar Grant, the young Black man who was shot down and killed while handcuffed, defenseless and on the ground, by a Bart policeman in Alameda County. An unarmed young Trayvon Martin in Florida was returning home when an armed security guard decided to follow him because he “looked suspicious” and then killed him. Eric Garner, 43, died on July 17th, after an officer put him in a choke hold while other officers held him down,during an arrest on Staten Island. No first aid was administered to him by either the police or the EMTs. In Santa Monica, on the side of a freeway, this past July, we saw on video, 51-year-old grandmother Marlene Pinnock being held down on the ground and beaten by a uniformed cop, without apparent reason.
No cop has ever been arrested for any of these crimes, except for Oscar Grant’s killer, who was incarcerated for a few short months. Why? It could be said that law enforcement organizations make large contributions to select political candidates and leaders which keep them in control and in power. When public protests against police brutality occur, the police roll out their military dress and hardware, which include automatic guns, armored personnel carriers and tanks. Most of this hardware is issued to the state and county by the US Department of Homeland Security.
As we have seen in Ferguson, Missouri, military force is now what meets those engaged in peaceful protests. All human and civil rights appear to be null and void, as does the Constitution. Yet we continue to elect officials who trample on our rights and allow killer cops to shoot down our children of color, and others, in cold blood. Make no mistake about it – what we are seeing here is a POLICE STATE.
I am reminded of what James Baldwin said in 1966, “The law is meant to be my servant, not my master, still less my torturer and my murderer.” If we, as a society, are judged by how humanely our governing bodies and their hired “enforcers” treat human beings, in this country and abroad, we have absolutely devolved and failed our children and the generations to come, miserably.
Elbert “Big Man” Howard                                                                              Santa Rosa, CA
Elbert “Big Man” Howard is a founding member of the Black Panther Party and is an author, lecturer, volunteer radio DJ and community activist in Sonoma County.


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St Louis, Ferguson, Michael Brown and Why I’m Not Surprised


February 8, 1968, South Carolina State University at Orangeburg, 3 killed and 23 wounded by police while protesting racial segregation.


Mary Ann Vecchio at Kent State May 4, 1970

Mary Ann Vecchio at Kent State May 4, 1970

May 4, 1970, 4 killed, 9 wounded by Ohio National Guard at Kent State University during Vietnam War protest.


May 8, 1970, 11 students and journalists bayoneted at University of New Mexico by New Mexico National Guard during Vietnam War Protest.


Jackson StateMay 12, 1970, 2 killed, 12 wounded at Vietnam War protest at Jackson State University.


August 29, 1970, journalist Ruben Salazar and two members of the Brown Berets killed by Los Angeles Sheriffs at then-Laguna Park (now Salazar Park) when law enforcement attacked a peaceful anti-war/Chicano Power demonstration of 30,000 people in East Los Angeles.


Mayday 2007May 1, 2007, LAPD attacks immigrant rights demonstrators and journalists in MacArthur Park.


August 13, 2014 IN ST. LOUIS/FERGUSON: Demonstrator shot and two reporters (Washington Post and Huffington Post) arrested; media ordered by police to turn off their cameras before they attacked both demonstrators and journalists.  An Al Jazeera news crew was attacked by police with tear gas, rubber bullets and bean bags.


Sound like a pattern?

Why am I not surprised?

GatewayI happen to love St. Louis and Missouri. I was there in 1972 and 1975 for the People’s Party (Peace & Freedom Party’s national affiliate) national conventions where we nominated Dr. Benjamin Spock and Black Panther Education Minister Margaret Wright for President in those years. Missouri geology reminds me in a strange way of California; because of major geological faulting and earthquakes, the strata is usually on a 25% slant, similar to the way that strata along California roadways is never lying straight and very unlike most of the rest of mid-America.


Years later I returned to St. Louis to work some cases there as a private investigator (before Missouri had its own licensing law). What I learned about Missouri politics, law enforcement and sociology makes me as jaded about that State as I am about government corruption and law enforcement misconduct in Los Angeles, California and for that matter, about most of the world.


Several things you have to understand about St. Louis is that St. Louis City is NOT part of St. Louis County. Usually in America all cities are part of counties and some, like San Francisco are a combined City and County, St. Louis City is one of only two cities in the United States that aren’t part of a county. The other city with this status is Baltimore, Maryland.


The City of St. Louis is a Democratic Party controlled town. No Republican has represented any significant portion of the City since 1953 in the House of Representatives, as just one example. While in 1940 only 13% of the population was African American, as of 2010 the census showed it to be just under 50% black, 3 ½% Hispanic, and just under 3% Asian.


From Wikipedia:  German revolutionary, American statesman and reformer, U.S. Minister to Spain, Union Army General in the American Civil War, U. S. Senator, and Secretary of the Interior. He was also an accomplished journalist, newspaper editor and orator, who in 1869 became the first German-born American elected to the United States Senate.

From Wikipedia: German revolutionary, American statesman and reformer, U.S. Minister to Spain, Union Army General in the American Civil War, U. S. Senator, and Secretary of the Interior. He was also an accomplished journalist, newspaper editor and orator, who in 1869 became the first German-born American elected to the United States Senate.

St. Louis County on the other hand is around 70% white and about ¼ of the population is African American. It was a bastion of Confederate support in the civil war, as opposed to St. Louis City which even then had significant abolitionist sentiment amongst the German American immigrant population. Inspired by Karl Marx’s call to support the Union cause, three brigades of German Americans enlisted, one known as the Karl Marx Brigade and another named the Carl Schurz Brigade after their German American abolitionist U.S. Senator.



Jesse JamesIf you live in one of the old Confederate strongholds in Missouri you pronounce the state’s name “Missoura” and you’ll grow up officially taught that Jesse James was not an outlaw but a Confederate guerrilla that never surrendered and as such, a hero of the State of Missouri.


United States vs John Gipson

I could give you the long story or the short story, but frankly, the long story is best told orally by me over drinks as some of the ways that I investigated for the defense of John Gipson and his attorney, Roger Rosen, were pretty dramatic. This however will be the short narrative….cutting to the chase so to speak.


John Gipson was set up by the St. Louis Metropolitan (City) police. They got a snitch to convince this black heroin dealer called “Process” that John Gipson was setting him up for the police. Process called Gipson about the rumors he’d been hearing so John agreed to come over and clear things up.


Search WarrantThe police got a search warrant, ostensibly to raid Process’s apartment and then sat on it while staking out Process’s pad. When I read that in the police report that stuck out like a sore thumb because the late Chief Justice William H. Rehnquist once described search warrants as becoming “stale” if you don’t promptly serve them. The police waited to serve the warrant until conveniently, about a week after it was issued, John Gipson just happened to show up.


Just as John Gipson got into the apartment, a call comes in on Process’s answering machine yelling “John Gipson just set you up, John Gipson just set you up.” Then the police are breaking down the door. Process runs to a window and sets out on the window sill a pill container with capsules of heroin in it, trying to hide it, but it falls off the window sill (I had this on tape from surreptitiously recording a conversation with Process using a back-electret microphone concealed under my sweater).


FingerprintsThe police then slap Gipson around (confirmed along with the fact that the heroin wasn’t his–it belonged to Process, by a polygraph by a retired St. Louis police officer), arrest both him and Process and then, with 11 (eleven) police alleged eyewitnesses to the events, here’s what you’d have to believe after listening to all the testimony in court. One key point: the police had to have an explanation for why they didn’t attempt to get fingerprints off the plastic pill container since that would have conclusively shown whether Process had tossed the evidence or Gipson. I found the only honest fingerprint expert in Missouri who was willing to testify for the defense or for the prosecution, truthfully, Sgt. Jan Vassal of the Jefferson County Sheriff’s Office. Her testimony about how it should have been standard procedure to test for prints on a plastic container really put the Metropolitan cops between a rock and a hard place.


White JuryTaking all the police testimony and piecing it together, the United States Attorney (the local City prosecutors wouldn’t try to get a City jury to convict on this evidence because too many black people would have been on the jury) wanted the 11-1 white jury (with 70% of the jurors having police friends, relatives, and/or neighbors; the one black juror had a sheriff for a brother and two cousins on the Metropolitan Police Force) to believe was that:


1. Sgt Doumakes of St. Louis’ finest is right handed;
2. Sgt. Doumakes was holding his gun in his right hand pointed at the second-story apartment window where Process lived above a bail bond agency;
3. Within five seconds Sgt. Doumakes observed and did the following:
(a) Supposedly observed a black male open window up a few inches and put his hand out and toss or drop the plastic container with the heroin capsules in it;
(b) Supposedly observed Gipson open the window up far enough for him to put his head out, since it would have been problematic to identify one black male over another just from seeing a hand;
(c) While observing all this within the same five second period Sgt. Doumakes miraculously caught the plastic container with his left hand while continuing to hold his gun with his right hand aimed at the second story window!


Not even St. Louis Cardinal great Ozzie Smith could have made that catch....

Not even St. Louis Cardinal great Ozzie Smith could have made that catch….

As we later argued to the jury, not even Ozzie Smith of the St. Louis Cardinals could have made that catch.


In the meantime in between time, what do you think happened to the tape recording on Process’s answering machine that the police promptly seized during the raid. Supposedly, it was missing about fifteen minutes of recording and was supposedly blank where Gipson claimed he heard the guy calling and accusing him of setting up Process.


St. Louis Police Dept was too dumb to even tamper with evidence and not make it obvious that they had done so.

St. Louis Police Dept was too dumb to even tamper with evidence and not make it obvious that they had done so.

We never actually used this fact in the trial, but it was obvious as to why the tape was supposedly blank at that point. Instead of actually erasing the tape, the idiot cops turned the volume down completely and recorded over it, but all that did was re-record the background noise in what they thought was a quiet room. We brought it to a sound lab at a local radio station and boosted up the background noise to the point where we could clearly hear the police dispatcher taking and making dispatch calls.


The jury deliberated three days and came back with “NOT GUILTY” on all counts.


Civil LibertiesNow if the United States Department of Justice in St. Louis had been honest and committed to the Constitution of the United States of America, they’d have prosecuted the St. Louis Metropolitan police for Conspiracy to Violate Civil Rights, tampering with evidence, and perjury amongst other things. They might also have looked into the pattern of civil rights lawsuits I found against the officers in charge of the operation who been repeatedly sued for breaking into homes, shooting people, and all sorts of cash seemed to conveniently get reported as missing after the raids. It also seemed that the officers took turns each year vacationing in Hong Kong….Speculation: were they taking turns as bag men depositing stolen cash into numbered and secret Far Eastern accounts? Hmmmmmm!
None of these officers were ever called to account for their obvious frame up or any of their other civil rights violations.


So ask me if I’m surprised that Michael Brown was shot and everybody from a Ferguson State Senator to journalists have been tear gassed and/or man-handled and arrested by Missouri law enforcement…..I’m not surprised in the least.

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LinkedIn stats on Chicano/Hispanic/Mexican American/Puerto Rican Studies grads


From 1973-79 I was a CSUN Mechista and still proud of it!

From 1973-79 I was a CSUN Mechista and still proud of it!


LinkedIn stats_001 LinkedIn stats_002 LinkedIn stats_003 LinkedIn stats_004 LinkedIn stats_005 LinkedIn stats_006

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Bring Hollywood Home News Release on Outsourcing Legislation



Friday, August 1st 2014




Sharon Hardee Jimenez Founder President Bring Hollywood Home Foundation & Bill Duke Secretary Bring Hollywood Home Foundation
raising awareness of lost jobs due to runaway production urging new tax credit incentives

Director/Producer/Actor Bill Duke urges amending AB #1839 to make the bill competitive with other states and countries

Bill Duke says independent artists deserve the tax credit incentives as much as anyone else.   “We must be with the future.  We must support our young people.  We need you to help us.” Bill Duke Secretary Bring Hollywood Home Foundation.

Raising awareness of the limited legislative effort in AB #1839, a bill that favors the special projects of members of the California Film Commission and leaves out independent producers has been a focus of Video logs online informing voters of the discriminatory nature of the special interest bill and urging reform of the California Film Commission, lifting the cap on incentives, lowering the production budget necessary to qualify for tax credits, and most importantly giving investors a reason to support independent productions in California in the same way they are supporting productions in state’s with better tax credits including New York, Louisiana, Georgia, and other destinations that have lured billions of dollars of jobs out of California benefiting the special interest groups who have lobbied the legislature on behalf of AB #1839.

Hollywood has many special interest groups that are profiting from job outsourcing.  To truly Bring Hollywood Home the lawmakers must amend their special interest bill, end the discriminatory lottery, lift the cap, lower the budget amount to qualify for tax credits, increase the percentage of tax credits to support job grown in all the counties of California, and bring new transparency and accountability to the California Film Commission.”  Sharon Hardee Jimenez President Founder Bring Hollywood Home.  “We have been working to outreach to lawmakers, we’ve testified in Sacramento on behalf of our own bill that was killed by only one NO vote while leading lawmakers used their power to abstain from voting to kill the higher tax credit incentive bill that had no cap.” reports Jimenez.  “We met with the Governor’s legislative deputy and we urged new leadership to oversee the tax credit incentives, an increase of the incentives to at least 1.4 billion (New York has a 400 million dollar cap and California has four times the economy of New York), and a lowering of the budget ceiling and expansion of other media that would be included in the tax credit incentives to new media, music video, and video game production.  “Online video production from many major publications are the future and other states are leaving us behind because of the limited legislative leadership supported by the big special interest lobbyists in Sacramento.”  emphasizes Jimenez.


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District Attorney Report on Andy Lopez Death is a Travesty


Conspiracy or Stupidity?

By Jan B. Tucker

For background, you should read the District Attorney’s report with my appended PDF critique at:


None Dare Call it ConspiracyIn None Dare Call It Conspiracy, the late John Birch Society theoretician Gary Allen opined that “To think that the scientifically engineered Crash of ’29 was an accident or the result of stupidity defies all logic. The international bankers who promoted the inflationary policies and pushed the propaganda which pumped up the stock market represented too many generations of accumulated expertise to have blundered into ‘the great depression.’”


The greatest problem with conspiracy theories is that it is very easy to mistake simple incompetence and gross negligence for conspiracies. All too often I find myself arguing with my leftist friends who simply don’t know how police agencies and prosecutors work – or for that matter government and industry in general – that their perception of conspiracy is based on nothing more than post hoc ergo propter hoc thinking. One event is followed by another event in time so the first event must be the causation of the second event…..which does not logically follow because there may be causative factors that one simply is unaware of.


Sonoma County District Attorney Jill Ravitch

Sonoma County District Attorney Jill Ravitch

With Sonoma County District Attorney Jill Ravitch’s investigation of the shooting of Andy Lopez however, I simply cannot believe that the investigators and expert witnesses involved were so completely inept that (a) they didn’t ask any questions of the witnesses concerning their perceptions of the weight of the replica AK-47 that Andy Lopez was carrying and (b) that they apparently never bothered to conduct a re-enactment of the incident. One caveat: maybe they did these things but those details are missing from the D.A.’s report and if they did, then it can only be because the results of a re-enactment and the answers to those questions would have run counter to the conclusion that the officers shot Andy Lopez legitimately.


An unintended consequence of the late former Assembly Member Jim Keysor's Peace Officer Bill of Rights handcuffed internal affairs investigators; I ran against Jim in 1976 for State Assembly in the Northeast San Fernando Valley

An unintended consequence of the late former Assembly Member Jim Keysor’s Peace Officer Bill of Rights handcuffed internal affairs investigators; I ran against Jim in 1976 for State Assembly in the Northeast San Fernando Valley

The District Attorney’s report (hereinafter “Report”) claims that the investigation was thorough. This conclusion on its face always has to be a qualified claim in California, because California Government Code Section 3307, a part of the Peace Officer Bill of Rights introduced by then-Assembly Member Jim Keysor in the early 70s, gives peace officers a privilege that no other government employee in the state enjoys. By reason of the Government Code Section 3307, Peace Officers cannot be required to take polygraph examinations, a privilege that does not exist for the FBI, CIA, or any other State or Federal employee. The “Methodology” of the District Attorney and the police investigators into any police misconduct begins as inherently flawed because it’s arbitrarily limited by the Government Code for strictly political reasons. That the Report fails to note such limitation represents a gross disregard of epistemology.


PolygraphBecause lie detectors cannot be used with peace officer witnesses under the Government Code, the question that needs to be asked of all investigators and expert witnesses in the matter is HAVE YOU EVER BEEN TESTED ON YOUR ABILITY TO DETECT DECEPTION IN AN INVESTIGATIVE INTERVIEW OR INTERROGATION? If so, what were your personal results on the test? Who administered the test and what were their qualifications? Without a polygraph of the law enforcement witnesses the investigation is by definition neither thorough, complete nor comprehensive. Just because the law limits their ability to do this kind of investigation they should not pretend that there are other investigative techniques that could be used and which would have been used by the FBI Office of Professional Responsibility or another federal internal affairs office as examples.


The Report appears to have limited the inquiry into Deputies Gelhaus and Schemmel’s backgrounds to review of their “personnel and training records.” Why limit the inquiry to “personnel and training records” and not look at the records of their entire life histories? Why not interview their school classmates to see if they had a reputation for racism, poor impulse control or bullying?


Deputy Erick Gelhaus

Deputy Erick Gelhaus

In a November 2008 SWAT Magazine article, Ambush: Reaction in the Kill Zone, Deputy Erick Gelhaus, amongst other things wrote such gems as “You’ve got to have a mean gene in you” and “Neighborhood policing is a contact sport.” By limiting the investigation to “personnel and training records” Gelhaus basic mental fitness to be a peace officer is not even under the microscope, even though reasonable people might think he ought to have a serious psychiatric examination for making these statements. One also wonders whether, as many police departments do in the hiring and vetting process, did the Sonoma County Sheriffs Department administer an MMPI (Minnesota Multi Phasic Inventory) exam. If so, I’d really like to see what Gelhaus and Schemmel’s “L” scores were, because criminologist research over decades has shown an important co-relation between elevated “L” (generally referred to as “lie” scores, but it’s not quite as simple as that) and on-the-job misconduct for peace officers.


All sorts of "COEXIST" parodies out there and most of them tell a lot about the mentality of their creators/users.

All sorts of “COEXIST” parodies out there and most of them tell a lot about the mentality of their creators/users.

Another problem with the limitations placed on the background component of the investigation is that it ignores the purchase by Gelhaus of an overtly sick and racist bumper sticker from a right-wing and racist internet website. Gelhaus’ COEXIST bumper sticker is a spoof with a target over the “O” and a skull and crossbones for the “X.” This bumper sticker was purchased from, which features amongst its offerings a whole category of “ANNOY A LIBERAL” shirts, notepads, mugs, magnets, stickers, “Tee off a liberal” golf balls, and ink stamps like “PROPERTY OF BARACK HUSSEIN OBAMA,” “TAX EVADER,” and “PAYABLE TO RED CHINA.” The so-called “Humor” section of products includes official looking cards entitled “Obama Entitlement / Race / Exemption wallet cards” and other equally offensive items.


See why so-called law enforcement "gang expert" testimony is generally objectionable:

See why so-called law enforcement “gang expert” testimony is generally objectionable:

The Report notes that Gelhaus had been a member of the MAGNET anti-gang team. A competent investigator would immediately wonder if he ever testified as a gang expert in court to get a “gang enhancement” charge or conviction? If so, did they review his past testimony? So-called law enforcement “gang experts” are frequently liars and/or idiots who might technically meet “Frye” standards but could not possibly meet the more stringent “Daubert” standards in a federal court proceeding.


Gregorio Estevane

Gregorio Estevane

Private Investigator and expert witness on gang issues Gregorio Estevane says “that the objectives of a gang control effort depend on whether the problem is defined as gang violence, gang crime, or the gangs’ very existence. Law enforcement officials often take the public position that gangs must be eradicated. In the words of Captain Ray Peavy, who heads the Los Angeles sheriff’s homicide bureau, ‘Everyone says, ‘What are we going to do about the gang problem?’ It’s the same thing you do about cockroaches or insects; you get someone in there to do whatever they can do to get rid of those creatures’ (Garvey and McGreevy 2007).”


Estevane also argues that “the proliferation of specialized gang units has been justified as a natural response by police officials to the spread of gangs and growing public concerns over gang crime. The argument for such units is that they permit officers to develop the technical skills and expertise needed to diagnose local gang problems and to assist the rest of the agency and the community to address them. But the idea that the formation of a gang unit is ‘a result of rational considerations on the part of police agencies’ that face ‘real gang problems’ has been challenged by several researchers (Katz and Webb 2003a).“


Does this look like the kind of weapon a child could walk around carrying it in one hand?

Does this look like the kind of weapon a child could walk around carrying it in one hand?

In addition to having trained as a deputy on the use of an AK-47, the Report notes that Deputy Gelhaus “….approximately a month prior to this incident, Deputy Gelhaus participated in a firearms training in which AK – 47 rifle rounds were fired into and through a mid – size sedan. Thus, he was highly experienced in recognizing this weapon and understanding its capabilities.” I would add that he also would be highly knowledgeable about how heavy an AK-47 is and the relevance of that weight load to how a person would normally carry the weapon.


I have handled and shot an AK-47. In fact, a 1987 or 1988 edition of Penthouse Magazine has a picture of me in a photo-essay at the head of a firing line of a bunch of psychos from the Jewish Defense League (JDL) wearing my trademark Mogen David necklace and holding a Chinese made AK-47. Depending on whether it’s loaded or unloaded and what kind of ammunition magazine is being used, an AK-47 weighs somewhere between 9.75 lbs and 10.5 lbs.


Could Andy Lopez have held a real AK 47 in one hand?

Could Andy Lopez have held a real AK 47 in one hand?

According to the Centers for Disease Control (CDC) the average weight for American boys at that age is 102 pounds. While I have not seen Andy Lopez’s exact height and weight I have met his brother and the family does not appear to be heavy or tall, so with an average boy’s range from 80 pounds at the 10th percentile to 135 pounds at the 90th percentile, my guess is that Lopez’s weight was somewhere between 80-90 pounds. Let’s liberally estimate Andy’s weight at 100 lbs. and then contemplate just how he would have been carrying an AK-47 based upon the witnesses’ descriptions.


A witness in the Report identified as John Doe #4 indicates that when he saw Andy Lopez he had a weapon in his left hand with the barrel pointed down. The Report states:


“He thought the rifle was a toy and it looked “like a plastic” and “I think it’ s fake, but I’m not sure” it was “way too light ” and ….He said he thought those guns would be heavy and that gun “looks like very light.” [Emphasis added].


In spite of John Doe #4’s statement, it does not appear that the “investigators” bothered to ask any other witness what their perception of the gun’s weight was at any time in the investigation. If they did, they did not report what anybody said about the issue. If the issue of weight had not independently occurred to the investigators and expert witnesses used by the District Attorney up until John Doe #4 was interviewed, it would have logically occurred to a sane, reasonable, honest and competent investigator to start asking questions along these lines and to re-interview any witnesses who had not independently brought it up as John Doe #4 did.


When John Doe #7 saw Andy Lopez he indicated that Lopez was holding the gun in his right hand with the barrel facing down. He also thought it was a BB gun for a variety of reasons described in the report, but at the point he was interviewed, after apparently asking him open ended questions that elicited his responses, nobody apparently asked him about the weight factors of the gun in his perceptions. Note that while John Doe #4 saw the gun in Lopez’s left hand and John Doe #7 saw it in the right, both saw it being held in only one hand with the barrel pointed down. The question arises, could anybody of his size and weight hold an AK-47 in only one hand?


Craig Fries of Precision Simulations was hired by the District Attorney to recreate the incident as a digital animation:


The District Attorney’s Office retained the services of Precision Simulations to attempt to create a 3- D analysis of the shooting event and the path of each of Deputy Gelhaus’ bullets.  In order to provide the most accurate and complete report possible, the District Attorney Investigator measured the bullet holes to John Doe #3’s house and assisted Precision Simulations in performing the following: scene visit, including viewing the bullet holes in the fence and house; conducting a field survey to create a 3- D laser model of Deputy Gelhaus’ patrol car, an officer assuming the firing position of Deputy Gelhaus at the time of the shooting and of an exemplar hand gun; and scene view and measurements of the location the intact round which came to rest on Anteeo Way.


So, since they did a scene visit including a partial recreation of what Deputy Gelhaus did, why didn’t they take the time to do re-creations of what Andy Lopez did using the replica gun he actually had as well as a real AK-47 with a youngster of the approximate weight and stature of Lopez. Their failure to do so speaks volumes and as Robert Louis Stevenson wrote in The Truth of Intercourse:


The cruelest lies are often told in silence.….And, again, a lie may be told by a truth, or a truth conveyed through a lie. Truth to facts is not always truth to sentiment; and part of the truth, as often happens in answer to a question, may be the foulest calumny. A fact may be an exception; but the feeling is the law, and it is that which you must neither garble nor belie. The whole tenor of a conversation is a part of the meaning of each separate statement; the beginning and the end define and travesty the intermediate conversation.


So, by producing a 3D animation with the selected facts and inputs that the District Attorney’s office chose to offer to Precision Simulations, they guaranteed a recreation of a partial truth and within that truth is the suppression of the facts that could just as easily have been ascertained.


Dr. William Lewinski

Dr. William Lewinski

Dr. William Lewinski, the District Attorney’s (whose name is misspelled as “Lewinsky” throughout the report) police force expert cited in the report, has been thoroughly exposed as a ‘prosecution whore’ in a brilliant piece of investigative journalism by reporter Bob Egelko (


L to R:  Lo Barnes, Jan B. Tucker, Marge Buckley, Alex Salazar

L to R: Lo Barnes, Jan B. Tucker, Marge Buckley, Alex Salazar

Private Investigator Alex Salazar who worked on behalf of the Lopez family for their ongoing civil matter is unable to comment on the specifics of the case because it is still under litigation. However, he is disturbed by the justification for the murder of 13-year-old Andy Lopez given by expert witness Bill Lewinski whose testimony always sides with the use of force by police. Lewinski interviewed only one witness in the Andy Lopez case, although he claims to have looked at statements made by several witnesses.


Salazar is not alone in criticizing Lewinski’s obvious bias in support of police force which has been publicly expressed by a number of attorneys who have fought police brutality cases voiced in the Bob Egelko’s SF Gate article and at and “At what time has Lewinski ever been on any side except in favor of police excessive force? How can this be construed as being impartial or fair?” Salazar laments.


Nick Pinto’s City Pages article explains that “In most cases, Lewinski is called upon to present a scientific-sounding justification for what looks on its face unjustifiable.” [Emphasis added]


Lewinski thinks that 4th & 5th Century Philosophy is more important to mention in his analysis than the Heisenberg Principle or the Impossibility Theorems.  Go figure?

Lewinski thinks that 4th & 5th Century Philosophy is more important to mention in his analysis than the Heisenberg Principle or the Impossibility Theorems. Go figure?

Dr. Lewinski’s first statement in his analysis of “Decision, Act & Time” in the Report begins with the contention that “Since the time of Aristotle, Western culture has accepted that reasoning is virtuous. The tenor of his teachings, which were further reified by Augustine and Descarte was that morally acceptable decisions were only possible when we renounced passions and emotions to the quest for rationality in all endeavors.” Pinto’s characterization of Lewinski as making “scientific sounding justification” is spot on; this is my analysis of Lewinski’s pedantic explication of his philosophy of science:


This expert should spend more time on Heisenberg’s “Uncertainty Principle,” “impossibility” theorems, and “Ockham’s Razor” than St. Augustine and Descarte, especially because Augustine is applicable to Roman law (Napoleonic Code) system and not necessarily to Anglo Saxon common law systems of justice. He should also consider whether Descarte’s cogito ergo sum is more relevant than Jose Ortega y Gasset’s “I live therefore I think.”


The title tells it all:  Staussians like Dr. Lewinski have their heads in an ideology that lost relevance over a thousand years ago.

The title tells it all: Staussians like Dr. Lewinski have their heads in an ideology that lost relevance over a thousand years ago.

My bottom line in that analysis is that while jurors without a minimum four-year degree in one of the social sciences who got at least a “B” in their methodology requisite course and who hopefully had a professor who emphasized “philosophy of science” as opposed to statistics will have no basis to understand the implications of what Lewinski’s talking about, other than that it sounds like he must be really intelligent. Anybody who actually has an appreciation for the finer points of methodological debates on epistemology and ontology would immediately recognize that Lewinski is simply taking the position one of three major schools of thought within Political Science methodology and asserting that his school is correct and the other two schools are wrong. Lewinski’s pseudo-scientific opinion is straight out of the smallest of the schools of thought, i.e., he exposes himself with that statement as a “Straussian” or follower of Political Scientist and philosopher Leo Strauss. The other schools of thought are the Behavioralist (or logical positivist, the largest) and Phenomenology (the school that I happen to adhere to, smaller than the logical positivists but bigger than the Straussians). That Lewinski begins by claiming that his methodological philosophy is widely accepted in contemporary civilization sounds okay to average jurors, but not to other social scientists and epistemologists.


The late Dr. Maureen O'Sullivan of the University of San Francisco was one of the pre-eminent researchers on the science of detecting deception.

The late Dr. Maureen O’Sullivan of the University of San Francisco was one of the pre-eminent researchers on the science of detecting deception.

Lewinski makes much of his interview with Erick Gelhaus, the sole witness he personally interviewed (why as an expert witness he relies on secondary sources almost exclusively is beyond belief, and would be outright rejected as inappropriate, certainly by Behavioralists, Phenomenologists and probably even by Lewinski’s fellow Straussians). My critique appended to the Report, mindful of the Heisenberg Uncertainty Principle and the Impossibility Theorem, is “Have you [Lewinski] or anybody else who actually spoke with Gelhaus TESTED in detecting deception in an interview? I am. I got 8 out of 9 correct in a blind test by the late Dr. Maureen O’Sullivan of the University of San Francisco.” For Lewinski to rely on his own ability to determine whether Gelhaus is truthful or not in the first place is arrogant beyond the pale.


Lewinski’s sixth conclusional area involves the “research” into the relation of officer reaction times to the ability of people to raise a firearm in a given time period into a firing position. Nowhere does he analyze whether any of this research involved the ability of juveniles weighing under 100 lbs to bring an approximately 10 lb gun into position to fire. What may be valid for adults might be relevant to the conclusion he’s drawing. If there were no juveniles in the study then at best the relevance is peripheral to what Lewinski wants the public to believe.


Switch hitterI am a “switch hitter” when it comes to criminal, civil and administrative proceedings involving law enforcement. I do both prosecution work and defense work, e.g., civil plaintiff’s work and civil defense work; pro-prosecution investigation in criminal trials and defense investigation; and I have both brought complaints against peace officers and defended peace officers in administrative and other legal proceedings. I cannot be characterized as either a “plaintiff’s whore,” “a defense whore,” or a “prosecution whore” because I am available to give the best truthful advice and testimony for any side who needs me and who wants an honest opinion.


A signpost of who is a “whore for hire” in this business is whether you only work for one side; likewise, does only one side ever seek out your services and another side won’t have anything to do with you. Lewinski works only for the police, that is, for the governments who hire the police…..because he does testify against the interests of peace officers who have been shot by their brothers in blue on behalf of the government agency that employs the shooter. In one such case Nick Pinto’s City Pages article notes that “After Minneapolis police shot fellow officer Duy Ngo half a dozen times with a machine gun in 2003, Lewinski testified that the shooting may have been justified. The city ended up settling for $4.5 million.”


John C. Burton III

John C. Burton III

In fairness to Lewinski, several articles about him have quoted John C. Burton III, an attorney whose own reputation is tarnished, denouncing Lewinski’s court conduct. While Burton’s criticisms of Lewinski are spot on, he himself is no angel. A fanatical Trotskyist from the Healyite Socialist Equality Party, Burton has been repeatedly sued by former clients for sexual harassment.



My conclusion is that there can and should be no conclusion of the investigation into the death of Andy Lopez. Anybody who finds the District Attorney’s Report to be credible is susceptible to being talked into buying the Golden Gate Bridge, believing in Santa Claus and the Tooth Fairy, supporting Richard Nixon’s Vietnam policies, and believing that there were Weapons of Mass Destruction in Iraq before we invaded.


The Report demonstrates the inherent truth of two statements about the role of law enforcement authorities from the 60s:


The police aren’t there to create disorder. The police are there to preserve disorder.”–Richard J. Daley, Mayor of Chicago, 1968
Justice in America means ‘Just Us’ White Folk.”–H. Rap Brown.

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