COMMENT 335733P
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2012-10-25 09:50 PM |
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State highways are policed by the California Highway Patrol. Sheriff Brown has no standing to dispute or violate their procedures. A few months ago Sheriff Brown ignored the U.S. government's protocol for use of federal funds provided through the Secure Communities program. In 2003, sex discrimination litigation against SBPD cost us $3.1, although the amount of the settlement was heavily influenced by Mike McGrew's attitude and statements that SBPD female employees who were treated like **** were whining, and not team players. (anyone else heard McGrew whine at SB cc meetings?)I think SBPD cost us around $700K in 2009, based on a comment by Steve Wiley, not sure.
I'm surprised at this settlement, however. In 2003, Sneddon filed charges against attorney Gary Dunlap for perjury, witness intimidation, filing false documents and preparing false documents, based on one of Dunlap's cases The charges were all bogus and Dunlap was aquitted on all, but his reputation was shredded by the (News Press) publicity.
Dunlap's lawyer Joe Freeman sent a complaint asking that federal, state and county officials investigate Tom Sneddon and members of the Santa Barbara Police Department for misconduct. "In my opinion, the matters to be investigated are the possible criminal violations of several felony and misdemeanor statutes, including conspiracy, illegal taping, deceiving a court and a prosecutor, illegally assisting the defense of a case," Freeman said in his complaint. "I respectfully request that the U.S. Attorney, the California Attorney General, the Santa Barbara County Grand Jury and the State Bar open investigations and seek whatever sanctions are found to be warranted against Sneddon and his staff." In response to the allegations, SBPD's attorney Jake Stoddard (currently a SB Senior County Counsel) said that Sneddon and his employees are immune from legal action because they are prosecutors.
I'm surprised that SB County Counsel didn't support Brown based on this history - one of many cases that's given SB county its reputation as one of the few most corrupt in the state.
Joyce Dudley was hired by Sneddon in 1990. Mike McGrew made one of her campaign testamonial videos.
I tried posting something like this on Noozhawk, and I'm wondering now if Tom Bolton left NP because the personal opinions on which he bases his censorship are different from the personal opinions on which Wendy McCaw bases her censorship.
Overall, we've spent enough money on crooks in law enforcement here in SB to make significant changes in the lives of a lot of people who are hurting, including those who care for the people who are most vulnerable, maybe one of our teachers 20 years ago, maybe a local business owner or a parent. (Liability insurance rates are based on claim history).
We'd be a lot better off if law enforcement and the DA's office obeyed the law, and we're not showing respect for the law if we don't call them on it.
This link relates to my post, no... [ more ]
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BUREAUCRITES
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2012-10-25 12:51 PM |
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The county is self-insured for liability for negligent acts up to $500,000. It belongs to a joint powers agency (EIA) that covers defense and liability costs for covered claims above that amount. Thus the county is directly on the hook for $500,000 and the EIA is responsible for the balance of the settlement costs. Because the county's insurance costs depend on its claims history, its rates are likely to increase after a big payout. County departments are charged a premium by the Risk Management department based on claims history and department size, so the sheriff's department's costs will likely increase. The EIA won't agree to settle a case unless a committee agrees that there is exposure to a judgment beyond the settlement amount. It's possible that the $4.8 million settlement had to be approved by another insurance company.
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COMMENT 335469
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2012-10-25 08:12 AM |
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I'm curious why so many people seem to think that Mr. Capello should work for free. Do you do your job for free? Don't you think that the lawyers, paralegals, secretaries, etc. doing the work should be paid?
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COMMENT 335455
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2012-10-25 07:31 AM |
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Lots of strong opinions based on very few facts. The civil justice system functions pretty darn well in situations like this. Our tax dollars pay millions for legal services to the county. If they settle for 4.8m, you better believe the deputy did something bone-headed. Cops have what's known as qualified immunity. In other words, in many cases where the cop does wrong, the plaintiff gets nothing. As much as you may resent a rich lawyer, you'll be damn glad he or she is there to take on your case on a fee contingent basis should something horrible ever happen to you or yours.
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COMMENT 335315
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2012-10-24 03:58 PM |
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335289 - of course the wont admit fault - that would open the door up to hundreds if not thousands of other suits. This was a settlement where the Sheriff did not have to admit any wrong doing. Very, very common in settlements.
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COMMENT 335289
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2012-10-24 02:54 PM |
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How ridiculous is this? SBSO seriously can't even admit their deputy was partially at fault? Those cars likely would NOT have changed lanes and the accident likely would NOT have happened if the deputy didn't act as he did, against protocol. I don't think he's completely at fault nor that it was anything but a case of not thinking things through, but denying blame publicly really degrades your respectability, SBSO.
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STRAY
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2012-10-24 02:43 PM |
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County Counsel settles cases because it costs the County Counsel budget in personnel costs taking matters to Court, and County Counsel fears, if a sympathetic jury is convened, that the jury may award dollars to the plaintiff more than the $4.8 M settlement. The settlement doesn't say much at all about the validity of the case, just the practical aspects of having only so many county counsel attorneys with only so much time and resources to defend the SBSO and the lack of confidence they have in our Court system and in juries.
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COMMENT 335233
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2012-10-24 01:33 PM |
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As a taxpayer, this clearly stinks. But the family engaged with Capello's firm and he clearly did his job. As others have said, the Sheriff didn't have to settle but must have felt that the potential court settlement plus legal fees were a larger liability than this agreement. Can't imagine how it would turn out any different next time, just hope the drunks keep off the streets.
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COMMENT 335212
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2012-10-24 12:55 PM |
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The $4.8 million can come out of nooks and crannies in the County Budget. Maybe the millions they saved from the Caruso deal can pay for it. You know what they say at the County Building, a million here, and a million there- pretty soon it adds up to real money!
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SHOREBIRD
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2012-10-24 12:54 PM |
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The county is self insured.
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REXOFSB
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2012-10-24 12:43 PM |
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This question still remains unanswered: WHO IS GOING TO PAY THIS AWARD? From both articles it APPEARS that the county itself is on the hook, as there was no mention of any insurance involvement. If this is the case, where exactly is the $4.9 million going to come from? How does this relate to county services, etc.? Who or what is going to be further cut from the budget so we can pay for this? Please tell me that this loss will be paid by insurance.
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COMMENT 335180
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2012-10-24 12:18 PM |
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The county was held liable because the deputy let the innocent family go in front of him to act as a human shield.
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COMMENT 335173
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2012-10-24 12:01 PM |
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I don't know what kind of "liability" the sheriff's dept could possibly have, unless they ran over one of the victims themselves. Absolutely ridiculous. The wrong-way driver was 100% responsible for the accident. I don't care if "procedure wasn't followed". I'm tired of these deep pockets lawsuits where the taxpayer always ends up paying.
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YIN YANG
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2012-10-24 11:51 AM |
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Thank you, edhatbarbara paralegal for AGAIN pointing out that no jury or court case was involved if this pending case was settled! That point was mentioned in another thread. I think the sympathy for the plaintiffs would've been overwhelming, not without reason, but sympathy is not what court cases are about. Yep, Sheriff's probably had some responsibility. At least Brown stood up for them. Then the costs of fighting the court case, and also other issues, come into play. And re: the other thread, indeed, I assume County's insurance will pay a lot if not all. And I know that to assume makes an "ass" out of ... me." I dearly hope the girls end up with most of the money! I'm not defending Capello's reputation by any means. But I guess I'd want him on my side if I was plaintiff.
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COMMENT 335164
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2012-10-24 11:48 AM |
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I believe Wendy McCaw ended up paying the monies she owed Capello.
His case was due to be heard in SB Superior Court this month and mysteriously disappeared from the court docket.
She or her rep obviously signed off on his fee arrangement, so she had absolutely no chance of winning the matter.
Just another delaying tactic by a very silly and misguided woman!
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EDHATBARBARA
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2012-10-24 11:45 AM |
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Closer to home: In 2001, donations from the Barry Cappello Family enabled the renovation of the Cappello Picnic area and the establishment of the children’s playground located there. http://www.elingspark.org/about-the-park/park-history/
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EDHATBARBARA
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2012-10-24 11:42 AM |
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Oh, and : http://www.law.ucla.edu/news-media/Pages/News.aspx?NewsID=144
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EDHATBARBARA
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2012-10-24 11:38 AM |
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http://www.independent.com/news/2012/oct/19/cappello-noel-honored-sb-county-foundation/ So much for "Barry doesn't do anything for free."
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COMMENT 335212
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2012-10-24 10:57 AM |
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The original story stated that the CHP actually has a procedure for how to deal with wrong way drivers, and that the sheriff's deputy did not follow it. Whether he knew it and ignored his training, or was never trained, was not included in the story but must have been a factor in the jury award. The legal system seems like a stupid way to run things but I haven't heard any alternatives that sound any better. Given the fact that bureaucracies and corporations hate to admit liability and errors, how else is a citizen supposed to fight for their rights or be compensated for injuries?
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COMMENT 335125P
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2012-10-24 10:49 AM |
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023P - Barry doesn't do anythng for free. He is the worst kind of shark. Isn't he getting pretty old by now? When will he retire????
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COMMENT 335103P
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2012-10-24 10:25 AM |
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I love how the court system has turned into a cash register for the 1% at the expense of the 99%. On the other hand, if Barry took this case for free, then I apologize.
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COMMENT 335102P
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2012-10-24 10:23 AM |
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Barry's still smarting due to Wendy's skipping out on her massive invoice from his office. End of story. 2012 has not been a good year for revenue at The Firm.
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COMMENT 335094
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2012-10-24 10:16 AM |
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Usually if lawyers take a case with no payment, and get part of the settlement it can be as high as 60% his way. And I'm sorry but the Sherrifs liable? Everyone blink 5 times, during that five blinks I want you to complete a complex math problem where two vehicles are traveling at different speeds towards each other. Now turn up the radio and do it again, now think. How could you have done it any differently? The reason for settlement can vary, and trying to figure out why is like trying to second guess what you would have done in a situation you were not in. For the " they should have a procedure ", really? A procedure? Ok so they should also have a procedure for a dog on a unicycle on state street smoking and selling ice cream without a license. Once again this is a tragic accident, one that has changed one family permanently. But pointing the blame to the officers trying to help isnt going to change that
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EDHATBARBARA
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2012-10-24 10:01 AM |
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You can get it here, however: http://cappellonoel.com/santa-barbara-county-and-santa-barbara-sheriffs-dept-agree-to-pay-4-8-million-settlement-in-2009-fatal-accident-involving-wrong-way-driver/
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EDHATBARBARA
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2012-10-24 10:00 AM |
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Interesting too that Noozhawk.com has pulled the story/press release! Can't now pull it up online.
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EDHATBARBARA
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2012-10-24 09:59 AM |
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There was no jury! This was a $4.8 million settlement -- a very large sum to settle the case without a trial. Clearly, some liability on the part of the Sheriff's office would have come to light if the case had been tried! Otherwise, why settle?
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COMMENT 335061
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2012-10-24 09:50 AM |
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I think it more of a case of Capello knowing how to manipulate a sympathetic jury. Yeah, I wonder what Barry's take on the deal was...33% of ???
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EDHATBARBARA
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2012-10-24 09:34 AM |
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If the officer did no wrong, the settlement wouldn't have been so large. Clearly there was wrongdoing by BOTH the wrongway driver and the responding officer.
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COMMENT 335047
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2012-10-24 09:33 AM |
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I would argue with Brown that the sheriff's deputy didn't contribute to the accident. Obviously, Capello convinced the court. I guess Brown had to say something since this was against his department, plus he is protecting his job and his own salary.
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COMMENT 335212
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2012-10-24 09:28 AM |
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Hey, Bill Brown should get a copy of the CHP guidelines for dealing with wrong way drivers and train his officers with it. Then he can complain. Or tell them to stay off the freeway and let the CHP deal with them. They are other cases where the actions of peace officers can cause deadly accidents, like in high speed pursuits. They have to follow the correct procedures to keep the rest of us from harm.
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COMMENT 335038
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2012-10-24 09:25 AM |
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Barry, I just heard an ambulance go by....shouldn't you be chasing it?
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COMMENT 335103P
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2012-10-24 09:10 AM |
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The County should never have settled.
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COMMENT 335015P
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2012-10-24 08:57 AM |
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Another Santa Barbara shark sighting...
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COMMENT 335016P
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2012-10-24 08:57 AM |
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Bottom Feeder
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