Robert A. Lovingood, Vice Chair of the Board of Supervisors
Janice Rutherford, Supervisor
Curt Hagman, Supervisor
Josie Gonzales, Supervisor
c/o Clerk of the Board of Supervisors, Laura Welsh
385 North Arrowhead Avenue
San Bernardino, CA 92415 Fax No (909) 387-4554
Subject: Asking Sheriff-Coroner-Public Administrator John McMahon & Commander Jeff Rose to resign and pursuant to Penal Code 995.2 et seq, for the County to Cease funding their defense costs
Dear County leadership:
This letter is submitted to each member of the San Bernardino County Board of Supervisors as a privileged communication by a private citizen, petitioning his government for a redress of a grievance protected under the Constitutions of the State of California and the United States.
Following this cover letter is a stipulation from counsel in certain prison litigation against John McMahon, Jeff Rose and Deputy B. Teychea [lead case number 5:15-cv-02515-JGB-DTB].
As a matter of disclosure, I do not represent any of the parties nor do I have any prison abuse cases clients, nor a promise of any work from any firm that is handling same. I write this letter as a private citizen as stated above.
I am persuaded the County needs to terminate Sheriff-Coroner-Public Administrator J. McMahon, Commander J. Rose & Deputy Teychea & to cease paying for their defense under Penal Code 995.2(a).
There are several reasons that terminating the individual defendants pleading the 5th make sense:
1. McMahon’s, Rose’s and Teychea’s attorney [Matthew Harrison of Lewis, Brisbois, Bisgaard & Smith firm] states on page 2, lines 18-21 “ the individual defendants will be required to assert their fifth amendment rights when responding to discovery and defending the case.” A casual reading of the lawsuits shows abuses that shock the conscious, are immoral, unlawful and violations of the inmates’ civil rights are alleged–the legal inference, is they have violated the law which is an allowable inference in a federal civil case.
2. McMahon’s, Rose’s and Teychea’s attorney [Matthew Harrison of Lewis, Brisbois, Bisgaard & Smith firm] states on page 2, lines 13-18 “...the FBI continues to conduct a criminal investigation into the allegations made by Plaintiffs and a federal grand jury has been convened”, reflecting the problem has not been resolved.
3. Widespread improprieties involving the jail are not new for Sheriff McMahon as he was the top officer at the County jail when multiple strip search abuses led to lawsuits and $100,000,000 plus in civil settlements actual and anticipated [which the Board approved].
4. There is no effective oversight without termination, as while the County Grand Jury has a duty to inspect the jails, they have not commented in their reports on anything involving the past decade of known abuses, almost as if the County Grand Jury [ funded by the Board of Supervisors and which has the power to request the Grand Jury investigate any subject within statutory jurisdiction and is advised by a deputy district attorney whose boss, Mike Ramos, is a long time political ally of McMahon and each member of the Board) is scared or intimidated (or both) to address the ongoing problems.
5. McMahon was the last in a line of sheriffs appointed by the Board of Supervisors after a mid term resignation of an elected sheriff facing inquiries, showing a chain of ignoring, at the supervisorial level problems the appointees have had managing the jails lawfully.
McMahon, Rose and Teychea should be asked to resign and the County should not any longer defending them under Penal Code 995.2(a).
ROBERT D. CONAWAY