Ms. Muller’s follow-up article is up. The highlights:
1. Cardoza had not seen the memo from Gallegos to Keats about recusing themselves and Mr. Dikeman from the case until after the plea because it was was written 5 days later. Cardoza admitted the error stating that he had not reviewed the file in its entirely before commenting earlier this week. However, Mr. Cardoza vehemently insists that Gallegos had made no contact with him about the case prior to the plea, and that Gallegos did not realize that the plea had already been entered when he wrote the memo (which makes sense, or he wouldn’t have bothered, or if he wanted to be dishonest, he would have predated it).
2. Wes Keat admitted that “the other paper” got the information wrong in that he called the AG Office in San Francisco rather than Sacramento. He was trying to reach a particular woman, but spoke to a male associate instead. He believed that the call was made in mid-July, probably the 19th – the day the plea was entered. He did not know whether it happened before or after. He emphasized that Cardoza was acting independently throughout.
3. Cardoza complained about the “sloppiness” of the original story and said that he should have been contacted for it. As I’ve said, I certainly agree that it would have cleared up some facts about the plea itself, though he would not have been able to address the issue of the donation itself and the appearance of an impact on the plea agreement.
4. I don’t know what to make of this:
In an e-mail exchange with The Eureka Reporter, Cardoza explained that he had a busy court calendar, and added, “As far as my responsibility to the media is concerned, I invite your attention to the California Public Records Act, the California Rules of Professional Conduct, the American Bar Association Model Code of Professional Responsibility and the National Prosecution Standards. I will continue to fulfill my responsibilities as set forth therein to all media outlets, including yours. If you feel I am in violation of any or all of those directives, I suggest you file a formal complaint with the California State Bar.”
He followed up with some colorfully testy comments.
5. At least one of the charges to which Bowman pled involved a serious incident of violence against his mother-in-law with the assistance of his wife/her daughter. The allegations would seem to indicate that this guy has a history of violence against women.
6. The article references a “sidebar” containing some comments made by Gallegos, but they don’t appear to have made it into the on-line version of the article.
…..
KMUD picked up on the story last night via Daniel Mintz. Estelle Fennel promised a follow-up tonight with an interview with Paul Gallegos on the controversy. The Graham trial jury is deliberating, or was at last report, so it’s conceivable that something could break there that eclipses the Bowman issue, but I’ll be listening at 6:00.

19 comments
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September 29, 2006 at 7:01 pm
Anonymous
Frankly Eric, until he answers the ER’s questions to the reporter herself, Estelle ought not have him on nor the TS print his press releases. Paul is accountable to the press for questions regarding his cases and his behavior is really arrogant here.
September 29, 2006 at 7:44 pm
Anonymous
Huh? What a load of bull. Your comment is really irrational here.
The ER does not have some sort of royal prerogative. Gallegos can talk to anyone he wants.
September 29, 2006 at 7:54 pm
Anonymous
He followed up with some colorfully testy comments.
ER: When asked by e-mail if his refusal to comment contradicted the point raised in his criticism of the original story, and if professional standards would have precluded his response, Cardoza replied, “No, and I would thank you not to bother me with any further clumsy attempts to put words in my mouth.”
Right on, Max Cardoza! Now all the Arkley Retarder flunkies are after him too, just because he’s telling it straight and not joining their endless sleazy witch-hunt against Gallegos.
September 29, 2006 at 8:21 pm
Anonymous
Since when is demanding questions from an elected official a witch hunt.
By that stupid reasoning, should we quit questioning Bush about Iran. Or shall we take everything Rumsfield says as gospel. I think not. Try using your mind 12:54
September 29, 2006 at 8:27 pm
Eric V. Kirk
Frankly Eric, until he answers the ER’s questions to the reporter herself, Estelle ought not have him on nor the TS print his press releases.
Interesting notion. Solidarity in the press. It’d be real fun if nobody would take statements from Pres. Bush until he answered all of Helen Thomas’ questions.
Sorry though. I’m still going to listen. There are also more developments about Bujo Banton affair – and Estelle is focused right now on trying to get a comment from the artist personally.
September 29, 2006 at 8:35 pm
Anon.R.mous
District Attorney Gallegos responds in e-mail exchange
To Paul Gallegos and Wes Keat, from Heather Muller
If either of you has time to speak today regarding a follow-up on our Sept. 26 story, please contact me at your convenience.
From Wes, we’re hoping to learn if he has any additional details about the phone call he reported making to the Attorney General’s San Francisco office. We have not been able to confirm with that office that the call occurred.
From Paul or Wes, we’d like to know if the plea deal reached in the Derek Bowman case was typical of the kinds of deals reached by the DA’s Office — nine felonies, two misdemeanors, an extensive criminal history and no time requested except on a separate probation violation. An explanation is warranted.
We would also like to clarify a statement made by Max Cardoza, who evidently is declining to speak to us. He said that Bowman was now a convicted felon, which I think is technically, although not entirely, accurate. Is it not true that because of the way his sentence was suspended, those charges would be reduced to misdemeanors at the conclusion of his probation?
We are also waiting for the district attorney to address specific questions previously raised by this newspaper and sent to him by e-mail Sept. 22. If those questions need to be resubmitted, please advise.
To Heather Muller, from Paul Gallegos
As I said before, my office operates without fear or favor. Max Cardoza is (a) highly qualified, experienced, aggressive prosecutor whose judgment I respect and trust.
To Paul Gallegos, from Glenn Franco Simmons
We are not doubting anyone’s professionalism. We only want some answers to our questions. As the leader of your organization, we contacted you. If you are directing us to contact Mr. Cardoza, then perhaps I should send you the e-mails he sent me basically stating that he won’t speak to us. Why won’t anyone answer our questions?
To Glenn Franco Simmons, from Paul Gallegos
Both I and my attorneys have always made ourselves extremely available to your reporters and you. This e-mail further confirms that.
Do you see any answers to questions here? Paul should just plead the 5th. Oh wait, I think he did.
September 29, 2006 at 9:23 pm
Anonymous
I wouldn’t characterize Max Cardoza as an “agressive” prosecutor. Maybe a well educated whimp that is employed as a Deputy DA. I’m sure he loves his Mother and is kind to small animals.
Oh well the boss continues to dance ! By dancing so much this won’t go away.
Interesting concept that Paul, Max and others don’t have to answer questions from the press but you progresso’s would go nuts if GW did that. Such a differenct set of standards.
September 29, 2006 at 9:40 pm
Anonymous
Eric, Helen Thomas is a grossly biased senile dowager who everyone in the White House press corps feel so sorry for that none have the heart to tell her to quit coming in. She has long been an embarrassment and one hellacious eyesore. I understand that she fits your image of the crusading liberal investigative reporter of yesteryear, but get serious. In the future, try to keep your references a little more contemporary.
September 29, 2006 at 9:46 pm
Anonymous
2:40 PM …… ditto
September 29, 2006 at 9:52 pm
Eric V. Kirk
Eric, Helen Thomas is a grossly biased senile dowager who everyone in the White House press corps feel so sorry for that none have the heart to tell her to quit coming in. She has long been an embarrassment and one hellacious eyesore. I understand that she fits your image of the crusading liberal investigative reporter of yesteryear, but get serious. In the future, try to keep your references a little more contemporary.
So then he should have nothing to fear from her questions.
September 29, 2006 at 10:02 pm
Anonymous
Here’s one: why do think you are so superior?
September 29, 2006 at 10:45 pm
Eric V. Kirk
That is a tough question.
Have you ever had an authentic cows tongue sandwich? It has to be on a hoagie roll really, and none of this california thing where you throw lettuce and tomato on it. I learned that from a letter on the wall of Max’s, a small restaraunt chain in the Bay Area that sells the best chicken liver sandwiches. Served on a good hard crusted rye, with crumbled hard boiled egg and sauted onions on it. On the side a half-sour pickle, and some cole slaw. Served with a bottle of Dr. Bronner’s Cream Soda. Can’t be beat.
September 30, 2006 at 1:13 am
Anonymous
Do you mean Max’s Opera Cafe?
September 30, 2006 at 2:39 am
Eric V. Kirk
Well, that’s the one near the opera house. There’s another one at California and Market, and 2 or 3 more around the Bay Area. The one I go to most often is in Corte Madera.
September 30, 2006 at 4:19 pm
Anonymous
Eric – President Bush no more fears questions from Helen Thomas than he would questions from Professor Irwin Corey or Moms Mabley. The point is, her senile ass is occupying valuable space that would otherwise be taken by someone with at least half a watt to burn.
October 1, 2006 at 3:42 am
Eric V. Kirk
And that’s why he ducks her. I see.
October 1, 2006 at 7:35 pm
Anonymous
Says who Eric ? You ? What the fuck do you know ?
What makes you an authority on everything ? How could your ego get so big ? Because you’re a lawyer ? Because you run a blog ? Because you have your show of KMUD ? What is it that makes you so knowledgable and so superior?
Go ahead and respond with some glib smart ass elitist drivel.
October 1, 2006 at 7:55 pm
Anonymous
I just dropped in slap Eric around but I see someone else has beaten me to the punch. I’ll check in later.
October 2, 2006 at 3:27 am
Eric V. Kirk
Go ahead and respond with some glib smart ass elitist drivel.
Another one for my masthead, if I ever get around to a homemade blog.