I hadn't realized it but City Attorney Mike Aguirre's appeals to continue to try to prosecute Sunroad executive Tom Story have been completely exhausted.
I must have been sleeping but yeah, that whole brouhaha that exploded when he charged Story a long time ago and then was blockaded by local judges is over. He is officially unable to take the case and there are no more appeals.
Just a bit of background: Aguirre charged Story with 11 misdemeanor violations of the lobbying laws that prohibit former city officials from contacting their former colleagues on business issues for a set period of time.
Judge Michael Wellington, however, slammed Aguirre in perhaps the most brutal rebuke of the city attorney yet recorded in an official ruling. Wellington ruled that Aguirre couldn't prosecute Story because he had unethically allowed the lines to blur between his criminal investigation into Story and his civil lawsuit against Sunroad.
If the city attorney can't prosecute it, and the district attorney and attorney general say thanks, but no thanks, then it's hard to imagine how this thing could continue.
The mayor, however, seems to think that letting it die could be a political liability for him.
But that brings up the other point: The mayor and City Council can just appoint a special prosecutor if the unspecial prosecutors either can't or won't investigate something?
That's a bit scary. Makes you think twice about getting on their bad side.
"We would only do this in an extraordinary circumstance and it was recommended by the district attorney," Sainz said.
Now, how worried should Story have to be?
Well, the mayor's own staff found that city employees had violated administrative regulations by speaking with Story.
If city employees broke it because they talked to Story, did Story break the rules by talking to them?
I called the City Attorney's Office to ask him about it. I can imagine Aguirre either having an exotic theory about what the mayor is trying to do with this special prosecutor or, on the other hand, being happy about the mayor trying to find out if Story really is guilty of a crime in this mess.
"Since this is a criminal matter still under consideration, we can't comment on it," said Chris Morris, the head of the city attorney's criminal division.
Comments so far on this story:
1. No where wrote on April 14, 2008 10:16 PM:
"Fast. That's where this is going. Let. It. Die."
2. Money wrote on April 14, 2008 11:51 PM:
"Sounds like a waste of tax dollars to pursue this misdemeanor crime.......If aguirre had done his job right, his office should have been able to prosecute this thing....But aguirre is unethical and a terrible prosecutor!!!!!!"
3. La Playa Heritage wrote on April 15, 2008 2:04 AM:
"The corruption starting on April 15, 2005, when the City of San Diego including Tom Story had the city-owned Montgomery Field's Airport Land Use Compatibility Plans stalled link and tried to raise the height limits around the Sunroad building from the aviation recommended 70 feet to 200 feet before an airspace review was required. link The City of San Diego Review and Comment to the Draft San Diego County Airport Land Use Compatibility Plan did_not take public safety into account, but helped developers by making project pre-conforming uses, not_subject to_the_ALUCP. The ALUCP were suppose to be approved in June 2005, but the plans are still in the Airport's ATAG subcommittee which includes many Sunroad representatives and lawyers. The ALUCP is still being stalled, not only for Montgomery Field, but for other airports near Sunroad's property including Brown Field and Lindbergh (SDIA) Field."
4. Dick wrote on April 15, 2008 7:55 AM:
"It is bizarre to think that the Mayor would propose spending $250,000 to evaluate whether to prosecute a misdemeanor of this nature. Must be an election year. Let's hope the Council has the sense to shut this down. Give me a break!"
5. whoa big fella... wrote on April 15, 2008 8:10 AM:
"Are you kidding me?! Mayor Sainz is going to hire a special prosecutor? I find this absolutely unacceptable. I can't even believe this is the way they're choosing to handle this - oops, I forgot, Aguirre and Sanders must know more than the DA/AG's offices. The hypocrisy here is just unbelievable. Let's see, I knowingly, or with gross negigence, sign a letter allowing an exception for a height limitation on a building close to an airport, get caught with my whole arm in the cookie jar, then act like a tough guy in making them comply with the law which you should have done in the first place. Now I come after you for civil and criminal prosecution. Brought to you by Tom Sheppard, Kris Michel and Fred Sainz, with narration by Jerry Sanders...unbelievab except in San Diego...they should be embarassed...."
6. Chili Willy wrote on April 15, 2008 8:32 AM:
"Apparently Mayor Sanders doesn,t really want to be Mayor any more. The smoozer thought it would be easy. It will be refreshing to have the Airport Authority and Developers have to do what is right for San Diego. What about the land in East Elliot for a great two runway International Airport? Who will step up to the plate?"
7. Admit it wrote on April 15, 2008 8:47 AM:
"Let's get it All out in the open. 'Money' again, attacking Aguirre. Must be worried about his/her 'money.' Nowhere...wants to hide? The Mayor's spent a lot more on far less 'important' things, Dick. Reluctance to prosecute, when so many have seen and heard admitted 'connections' would indicate 'accomplice' guilt. Guess Aguirre's exposure of illegal activities only goes so far?"
8. Just silly wrote on April 15, 2008 9:05 AM:
"This is just getting totally silly. We've exacted our pound of flesh (or floor of building, as it were) from Feldman. Two pretty good land-use people fell on their swords. Let's move forward and spend our resources on solutions to things that are actually affecting our city's residents. The money that will be spent on this investigation and prosecution could keep the library in my neighborhood open more than a few hours a day."
9. Samilin wrote on April 15, 2008 9:30 AM:
"Are you kidding me? If the DA recommended this action then why didnt she just do it? This stinks."
10. D wrote on April 15, 2008 10:11 AM:
"Its a misdemeanor. Hasn't the statute of limitations already expired? Sanders probably knows nothing can be done to his Sunroad contributors, so why not look like he's being tough? What a joke."
11. Samilin wrote on April 15, 2008 10:59 AM:
""We would only do this in an extraordinary circumstance and it was recommended by the district attorney," Sainz said. We should all be worried about this DA and her political ways. She refuses to prosecute but recommends the Mayor hire a special prosecutor? Bonnie is now giving legal advice to the Mayor? Why are these conversations even taking place? The Axis of Virtue has no shame."
12. Billy Bob Henry wrote on April 15, 2008 11:32 AM:
"10. D wrote on April 15, 2008 10:11 AM: "Its a misdemeanor. Hasn't the statute of limitations already expired?...Hmmmm.... thing is I always thought a misdemeanor "statute of limitations" was met as long as charges were filed within the legal time period of one year from the offense??? Last time I checked the charges were filed within the time period......Hmmmm... D, time to go back to the police academy and brush up on your lack of criminal proceedure."
13. Eyesopen wrote on April 15, 2008 12:19 PM:
"What the State Attorney General should investigate is Bonnie Dumanis. It begins there."
14. D wrote on April 15, 2008 12:23 PM:
"SillyBob, you are a pretend defense attorney. Would you not argue your client's right to a speedy trial is being denied while all the local prosecuting authorities seem unable to decide who gets to proceed? You can't file charges then hold the accused in limbo for 2 years. On a misdemeanor, no less. Mikey screwed up this case so bad its unsalvagable."
15. sdvoter wrote on April 15, 2008 1:44 PM:
"offer some non law enforcement attorney $250,000 to come around to your way of thinking and what do you think the answer is. Oop's Sunroad is suing the city for $50,000,000. No crime by Storey? Damn. Checkmate, Sunroad."
16. Dick wrote on April 16, 2008 8:45 AM:
"Somebody has lied here, either the Mayor & Aguirre or Dumanis. And, in any case, one must question the judgement of the Mayor for proposing this unprecedented and costly action to pursue a misdemeanor of this nature. The VOSD article after the Council rejected this misguided proposal failed to capture the puzzled displeasure voiced by a majority of the City Council for the Mayor trying to dump this issue off. And where was the written legal analysis of where the Council derives such extraordinary authority to prosecute? Finally, I hope the State Bar takes note of Aguirre's role in urging the Council to pursue this prosecution despite the Court's order that he and his office must recuse themselves from any involvement in this matter?"
17. Billy Bob Henry wrote on April 16, 2008 8:22 PM:
"14. D wrote on April 15, 2008 12:23 PM: "SillyBob, you are a pretend defense attorney. Would you not argue your client's right to a speedy trial is being denied while all the local prosecuting authorities seem unable to decide who gets to proceed........ Maybe Tom Story waived time D-did that one ever cross your mind????????????????"
18. Rock On wrote on April 17, 2008 2:38 PM:
"I won't speculate on whether Tom Story committed the crimes charged - he may well have. But from the stance of prosecuting this case now, that's a different question. I don't think Story's speedy trial claim would be so strong, considering the recusal of Aguirre was the defense's motion, and there was a period of appeal where that right may have tolled. Thus, you're probably looking at the point at which the last appeal was exhausted, and when the prosecution is initiated. But if Sanders and the Council decide to fund a special prosecutor who then pursues the case, then expect some time to have passed. It also reeks of political motivation, considering no other agency with jurisdiction will touch the case. It would be different if Aguirre had originally requested funding a special prosecutor before recusal. But as it stands, Sanders' pursuing this will just get messier and messier."
19. Rock On wrote on April 17, 2008 2:52 PM:
"One more point on this...the trial is set for April 30th. Assuming a Special Prosecutor is appointed by then, he/she would still have to convince Wellington there is good cause to continue the case for the prosecution to prepare. This is a complicated case, so we're not talking about a 2 week continuance. The question will be whether the City has good cause for the delay in appointing that special prosecutor to justify continuing the trial over Story's demand for trial. Boy is this going to be messy!"
20. Rock On wrote on April 17, 2008 3:58 PM:
"Hey Eyesopen....the State Attorney General ALSO declined to prosecute the case. Should Brown investigate himself?"
21. D wrote on April 17, 2008 4:33 PM:
"Silly, I've never heard of D/atty's waiving time reference the trial in whole. "Oh sure Mr. Prosecutor, take all the time you need. No rush, I'll wait." Wake up. The DA just lost a murder the other week for taking too long! Waiving (10 day) time to schedule prelims conveniently for atty's, sure. As for Story's team filing the appeal that got Mikey recused, I can't see a judge penalizing a defendant because he pointed out misconduct by the prosecutor. Rather, I see a judge coming down even harder on the prosecution, whoever it may be, because of the delay."
22. D wrote on April 17, 2008 4:42 PM:
"My prediction: the Story case will be dismissed entirely on April 30th. (Keep in mind, I have no idea if he's guilty of anything. The case was destroyed by our uber-incompetent CA, Mike Auirre.)"
23. Ann wrote on April 17, 2008 10:27 PM:
"I am ignorant. What's the the most they can do to Story? Is it worth $250,000 of OUR money? What is the punishment for his misdemeanor crime? Would he fined something more than $250,000?"
24. Rock On wrote on April 18, 2008 1:45 PM:
"Prosecuting cases always costs more than any financial gain the government would get in return for tax payers. The purpose of prosecuting Story would be not only to hold him accountable, but set an example for others to not even think about doing this type of thing - assuming Story is guilty of the charges. But I agree with D, the whole shebang will get dismissed, with prejudice, on April 30."
25. Billy Bob Henry wrote on April 19, 2008 9:19 PM:
"21. D wrote on April 17, 2008 4:33 PM: "Silly, I've never heard of D/atty's waiving time reference the trial in whole.... This is why your are a cop with no legal training and I am a lawyer. Waiving time happens in virtually all major cases."
26. Billy Bob Henry wrote on April 19, 2008 9:23 PM:
"24. Rock On wrote on April 18, 2008 1:45 PM: The purpose of prosecuting Story would be not only to hold him accountable, but set an example for others to not even think about doing this type of thing - assuming Story is guilty of the charges.... BINGO, you're teach losers loke Story a lesson, and the benefit from others knowing there are consequences outweighs any gov loss on a single prosecution. But Ann is so far off base with the $250K costs to prosecute it is not even funny. Statewide 99.2% of ALL filed misdemeanors do NOT go to trial. Costs are miniscule, probably not even a few grand."
27. D wrote on April 22, 2008 12:40 AM:
"Silly, I'm getting the distinct feeling I've probably been to more court proceedings than you ever have or will. A defense attorney will waive time ONLY if it suits their client. No attorney, well, maybe you would, but no competent attorney would waive time to allow the local prosecuting agancies time to figure out who gets to/has to take the case. Its a misdemeanor, you don't get to file charges and then sit on the case for over a year. This case is like mike Aguirre's career, coming to an end."