Nutting receives support from FPPC
By Peter Hecht, Sacramento Bee
In a conflicting series of events for embattled El Dorado County Supervisor Ray Nutting, the state’s political watchdog agency supported him Monday against a conflict-of-interest allegation at the same time he faced felony prosecution for alleged political malfeasance in his county.
Nutting’s troubles stem from a series of state payments he received for clearing brush on his 340-acre timber ranch under a fire safety program. El Dorado County and state prosecutors have charged him with felonies for not disclosing that money as an elected official and voting to fund two local fire districts that distribute the funds on the state’s behalf.
After its own review of Nutting’s actions at the supervisor’s request, the state Fair Political Practices Commission’s enforcement division in Sacramento said in an advisory letter Monday that the supervisor did not have a conflict of interest when he voted to fund two fire districts.
Ray Nutting
The enforcement division, however, did determine that Nutting failed to declare $22,000 of state fire prevention income in 2009 and recommended that commissioners impose a $400 civil fine at their June 20 meeting.
The FPPC issued its findings Monday in Sacramento as El Dorado Superior Court Judge Daniel B. Proud formally announced in a Placerville courtroom four felony counts against Nutting on charges of filing false documents, perjury and conflict of interest stemming from Nutting’s alleged failure to disclose some $70,000 in state income for brush clearing on a family ranch.
Under a related criminal complaint made public Friday, Nutting faces seven misdemeanors for illegally soliciting money from two county workers and a major construction contractor to bail himself out of jail May 28.
Nutting was scheduled to be formally charged Monday. But in a small county twist, Proud promptly put off the arraignment and withdrew, citing his personal relationship with the supervisor.
“It’s my decision to recuse myself,” Proud said. “I’ve known Mr. Nutting for a long time. I think he was the coach for my son’s wrestling team.”
In its letter, the FPPC noted that Nutting had received fire protection grant awards administered by the California Department of Forestry and Fire Protection and the regional Sierra Coordinated Resources Management Council, which includes the two local fire conservation districts.
The FPPC said Nutting could vote on general funding for the two conservation districts. Adrianne Korchmaros of the political oversight agency’s enforcement division wrote that the supervisor acted properly because the board votes didn’t involve a direct personal financial gain in violation of the California Political Reform Act.
“Because the decision by the Board of Supervisors to partially fund El Dorado County Resource Conservation District and the Georgetown Divide Resource Conservation District will flow to the public generally and does not uniquely benefit you, the conflict of interest provisions of the Act will not apply,” Korchmaros wrote.
The FPPC letter to Nutting noted that the Sierra council “was indirectly involved” in the Board of Supervisors’ decisions to “partially fund two of its member agencies” distributing the fire funds. But it told the supervisor there was no evidence in Nutting’s votes of a “material financial effect on your personal finances.”
Nutting’s defense lawyer, David Weiner, seized upon FPPC correspondence to assert that his client is facing excessive prosecution. “The significance of it is that there is really not much there,” Weiner said.
But El Dorado County District Attorney Vern Pierson said Nutting is charged under separate criminal statutes that go beyond the FPPC’s civil enforcement. He suggested that Weiner and another Nutting lawyer were trying to provide cover for their client by seeking – and getting – the letter from the FPPC.
“The FPPC is an administrative agency, not a law enforcement agency,” Pierson said.
He added that Nutting is facing joint prosecution by the El Dorado County district attorney and the state attorney general’s office “related to facts and circumstances far beyond what was provided to the FPPC by Ray Nutting’s attorney.”
Mary-Beth Moylan, a McGeorge School of Law professor specializing in political law, said the FPPC case and the El Dorado County prosecution may focus on similar alleged conduct but not “the same violation of the law.” But Moylan said there were aspects of the FPPC’s actions Monday that may help both sides in the criminal case.
On one hand, she said, the FPPC letter asserting Nutting didn’t have a civil conflict of interest in his board vote “could be presented as evidence in a criminal proceeding,” adding: “I think that is going to benefit the defendant.”
But she said the agency’s finding that Nutting had failed to disclose income – and thus should pay a $400 fine – could help the prosecution “because it suggests there was a violation.”
On Monday, Proud said another El Dorado County Superior Court judge, Curt Stracener, will hold a hearing Thursday on a defense proposal to reduce Nutting’s bail.
As prosecutor James Clinchard pushed Proud to set a July 16 trial date for Nutting, Proud declined due to the uncertainty over which judge will ultimately handle the case.
He said Suzanne Kingsbury, the presiding judge of the El Dorado Superior Court, will ultimately have to decide.
Weiner said the Nutting prosecution may have to be heard before a judge from another county.
“It could be that every judge in this county who knows him may recuse themselves,” he said.
sounds like he’s calling in favors.
the FPPC is very pathetic to real corruption even when the facts are slapping them in the face. I presented many facts to them regarding huge financial improprities back when Ted Long was a treasurer to his own campaign (very much frowned upon according the the FPPC) and there were documents that were barely filled out and illegable and amounts that didnt “add up” but they just looked the other way. Dont count on them to hold anyone accountable…
As time goes by it get’s WORSER AND WORSER for Ray on his Wonderland Ranch
The following facts are irrefutable proof that a Judge, as well as the District Attorney, and the former Grand Jury members should be in prison, compared to a similar county who imprisoned their elected Sheriff Mike Carona for “obstructing a grand jury investigation, among other crimes. Well, again, Nutting was contacted when the Sacramento County Republican Party Committee member Bob Berger, opened his own “sting” operation to catch Board of Supervisor Helen Baumann in a wire fraud scheme campaign lie when she recruited high ranking officials to fabricate false arrest reports to discredit whistleblowers allegations made in a press release web site. Helen Baumann “directed” Brenda Bailey to organize the troops, Ass. Ted Gaines, Steve Davey his assistant, Vern Pierson D.A. and Dick Jones, ass. D.A., Fred Kollar Un. Sh., Jeff Neves Sheriff, Code enforcement, among others, and to get them to “agree,” that they would all assert to the County Political Party, or other inquiries that certain critics would be labeled as criminals “arrested numerously,” even though no arrests existed, in hopes of ending investigations with them. Though Baumann and Neves, have been disposed of or resigned, most other parties named by Bailey, including Bailey, are still at large. Nevertheless, their Waterloo on this scheme unfolded, as they had also contacted the Late Honorable Senator Dave Cox, whom they named in the wire fraud election campaign scheme to defraud the political party and voters. Senator Dave Cox, months before had contacted their intended victim months before, when they were exercising their constitutional rights to expose fraud and corruption in El Dorado County government who were violating crime victim bill of rights to cover up violent by criminals who had county connections through various forms of illegal influence. The honorable Senator Cox, refused to be a member of the illegal corruption scheme and tossed them under the bus giving them irrefutable evidence of State and local corruption. Along with Bob Berger, Senator Dave Cox, rejected to participate in the scheme and provided his seal upon the El Dorado County BOSD2 correspondence, to substantiate its authenticity, making it “Judicially Noticeable evidence” that could not be judicially ignored by corrupt hack judges in the county or federal courts where the matter was redressed. The late Honorable Senator Dave Cox, provided the smoking gun rare evidence of the “minutes” recorded on official correspondence proving an electorate Jurisdiction, and county had been converted to a “racketeering criminal enterprise” in violation of the RICO act 18 USC 1961-1968, and 18 USC 242, and a plethora of wire fraud, and voting fraud violations. The “smoking gun” evidence is on file at the Ninth Circuit court of appeals, where the case # 11-17344 was settled, it comes in 3 exhibits, A1, A2, and A3, including the admission of guilt. Judge James Wagoner provided exhibit Q, an illegal court order used to find him guilty of “obstruction of a grand jury investigation,” a felony. This evidence was never disputed or opposed by any defense attorney and was admitted as truth by Rule 8 of the FRCP. In fact, it was so compelling that the LINK – California State Judicial Commission “2009 Couple” investigate Judge James Wagoner finding him guilty of obstructing a grand jury investigation. Now that this crime has failed, if any honest Grand Jurors exist, it would be curtains for Vern Pierson or Judge Wagoner, as, ” Instead, sheriffs and district attorneys can be removed from office following the accusation of the county grand jury. CAL . GOV. CODE § 3060. So now, Judge Bailey, has “disbanded” the grand jury, unprecented in the state of California! Vern Pierson is safe if they can get a corrupt set of Grand Jurors. It is not none of Judge Bailey is related to Brenda Bailey. But the fact exist, corruption is so open and rampant in this county, all of this evidence is suppressed by the Mountain Democrat who must have some financial interest through advertisement or just plain old acquiescence to corruption, hoping for a quid pro quo future reward. The point is, why does the press hide this news! This document, exhibit A1 -A3 was presented to the defendants named above in Federal Court In fact, Bob Berger was sat down apparently, and he provided an email, stating that doing what he did, “exposing this corruption would ruin his career.” The Former El Dorado County Republican Party Chief, according to signed documents, actually contacted Jeff Neves and questioned him. The party Chief, “admitted” in writing that Neves had told him untruths, leading him to believe innocent parties where criminals, and that the Chief knew that Neves was lying, because Neves did not know that El Dorado County’s victim was a business associate. Elected Sheriff Jeff Neves stepped down from his post shortly after this revelation. There are a few honest officials still in EDC! Ironically for Nutting, he originally had agreed to intercede prior to a suit against the county, but then stated after election he “had more important things to do,” without knowing he was sealing his fate! So what we are seeing, is that there is evidence that Vern Pierson, regardless of lack of arrest or charges or jail or prison time, they have agreed to discredit critics, whistleblowers, or others who publically challenge abuse of power they may perpetrate on society and the electorate. Vern Pierson is on record ignoring crime victims who sue him, allowing them to be murdered, or under the threat of murder. This behavior by corrupt officials, is similar when King David set up the murder of the husband of Bathsheba to cover up his adulteress affair. This “murder by proxy” was identified in the Ninth Circuit as unlawful when officials abuse their power and allow stalkers to murder complaining crime victims, see Maria Theresa Macias v. Sheriff Mike Ihde (9th. cir 2000). However, it sounds unbelievable that this could happen, and so it is ignored. I was shocked when I found out this was common. Officials like Vern Pierson can use ongoing circumstance to allow critics, or in his case a Plaintiff suing him to be murdered by not arresting months of violence, even when witnessed by others. There are over 4 cases on file where this behavior is tolerated by El Dorado County Citizens and the Attorney General of California, because they do nothing or make sick cruel jokes about it. So, be careful who you report to police if you are a crime victim. They may have friends like Vern Pierson who will fix the felonies, and allow your murder to cover it up with the aid of Judges like James Wagoner. This has actually happened. Thankfully, due to the Late Honorable Dave Cox, and two Political Party members, maybe the only two honest ones in the local Republican Parties, who interceded on behalf of crime victims, we were only targets of false arrest reports, and not railroaded. We moved to another county to get out of their jurisdiction, although we have to pay a mortgage we can no longer use under freedom of “life, liberty, or the pursuit of happiness.” El Dorado County officials agreed to fabricate arrest reports with the permission of Assemblyman Ted Gaines. We warned this Nutting crony, and he ignored heed, and now he is being devoured by the county sadists. It’s dark and evil what they do, and their acts would make a great “Eyes wide shut” type movie perhaps. Local corruption with an evil twist at the site of Ceder Ravine and Main Street “Druid” obelisk Monument where these goons probably dance naked at midnight and drink blood sacrificed from dead chickens or goats. Everything would be true, with perhaps the exception of the dancing, chickens or goats, but ya never know! What we see however, is Ray Nutting is experiencing Karma, or as he is a so called “Christian,” getting what he, “done onto others as others done unto them” type thing. There is also the local Press. They have suppressed these “self evident” truths from public scrutiny, and unknowing constituents vote in their own constituent molesters, and one at a time they cry fowl, but are ignored and laughed at and tarred and feathered in spirit of dark age band wagon ignorance of an evil following. That has to be the saddest part of Liberty in the USA, when the press and journalists are the ones who should be imprisoned for causing all this by the treasonous act of destroying USA’s only real check and balance free truthful speech by hiding and protecting these tyrants that occupy our court rooms!
Kae I trust that you can make sense out of Freelance reporter says.
There are enough State and Federal agencies that if presented with facts, will act.
Have too read and reread this.