For all the cops who see nothing wrong with arresting people without all the facts and assume because they say it is true, it is: Clauder
Yea lets blame the cops for this guys misfortune. I’m sure he exclaimed his innocence at the time of arrest. Cops should have released him then right Sharon? I mean after all, it’s the cops fault the man’s own child set him up along with additional statements from his family that indicated he was guilty. I think the cops did their investigation and had plenty of probable cause to arrest. Lets not blame them because this poor guy was set up by others. So yes, I don’t see a problem arresting this guy based on the evidence that was produced. It certainly met the standard of probable cause for arrest. That’s the way the system works and it is not the cops fault. Just because the man claimed he was innocent doesn’t mean he shouldn’t be arrested. After all you know how many people would have to be released because the drugs in their pants didnt belong to them because they were borrowing the pants. Give me a break.
I don’t see the connection….. Sounded like the victim was set up at the time he was initially arrested and the police/sheriffs had probable cause to make the arrest. Clearly there is more to this story that isn’t in the article…
I think the Big Bear case whereas one of the brothers west to jail for the other brothers actions, EVEN THOUGH THE EVIDENCE AND STATEMENTS they were aware of stated other wise, perhaps is the more appropriate case to cite under this heading……
Then again I know very little about the case you are citing and probably most of those reading aren’t as familiar with it either
Well for one Sam had been out of the home for months while the ex and the son had full access to the computer during that time. IIt was a very bitter breakup where there had been spousal abuse against Sam and the wife was ordered to pay spousal support, which I believe she tried to get haulted as soon as he was in jail. Additionally, Sam was spokesperson for the Dems and at a fundraiser Mike Ramos was overheard discussing the fact that he thought they had finally gotten Sam. And the SBSD had examined the computer themselves and knew there had been logins during the time Sam was living elsewhere.
I shall give you my own personal experience in a similar situation. Several years ago when my former landlord locked me out of my home after I obtained a court order against him, the SBSD threatened me with arrest if I tried to get back in (think Rick Roelle) and a few other Hoops ass kissers. I was locked out for 59 days before I was able to get another court order to get back in. By that time, he had destroyed almost everything I owned. Among the things he did was unplug my almost brand new refrigerator full of food and allow it to sit there and rot. In that refrigerator was a brand new box of 12 parvo/distemper vaccines each sealed in plastic with syringes. Well of course they went bad. He took the syringes out of the bags and out of the secondary containers and places them in a brown paper bag sans the vaccines. He then shows them to the cops. Well fortunately that doesn’t work so next he brings them to our court hearing. Well after I finally get back into my house I find them spread all throughout my house. Now in his mind he thought that was enough to get me arrested and out of his hair. I had one of your boys call me and threaten me with arrest yet again if I stayed in the property even after the restraining order. Yea, I can honestly say I hate AV sheriffs.
James Mills: it is the failure of the Sheriff to arrest the innocent and let the real culprit go free.
That is their job is it not? Catch the bad guys to protect the innocent from crime? Did they do that in this case? No. Did they overlook evidence glaring in their face from the outset? Yes. Did the Sheriff’s inadequacy at the very least allow the destruction of Sam’s career? Yes.
BTW, it is the Javier Rocha case to which Blase refers. There, one of the responding Sheriff Deputies out and out lied by stating that Javier Rocha “ran away” from him. The video proves that statement is totally false and could not have been a matter of semantics or misstatement: it was clearly a lie by a San Bernardino Sheriff Deputy.
Well, perhaps Sharon mistakenly included the initial arrest of Sam Clauder as a misfeasance. I don’t know yet.
I don’t have all the probable cause evidence, but we now know enough about the facts to know that the forensic examination by SBSD SHOULD have discovered what Mr. Clauder’s expert witness did find, namely, the accounts were accessed and child pornography was placed on the family computer when Sam did not have access to the computer whatsoever, AND that the contraband was obtained via peer-2-peer file service of which Trey Stancher was a subscriber and Sam Clauder was not.
Furthermore, the Sheriffs knew that other members of Sam’s relatives DID access the computer: namely Trey Stancher, who was the culprit.
Sam learned only just a few days ago that Trey Stancher confessed in SEPTEMBER 2012 to acquiring the child pornography and placing the child pornography on the computer with the willful intention of getting Sam falsely charged. Yet, knowing the son confessed AND having the exculpatory evidence that the contraband was placed on the computer when Sam could not have accessed the computer, the DDA Maryanne Choi allowed the filing of objections to Sam’s petition for determination of factual innocence.
A man’s life has been tragically shattered. The San Bernardino Sheriff’s were duped and manipulated by a very sociopathic man. Sheriff Deputies are supposed to detect sociopaths, here they did not.
If not an apology, a statement from the Board of Supervisors and the Sheriff to Sam Clauder is in order followed by a statement of what the Sheriff will do to bolster its ability to prevent another such false charge.
James (Joe Henry) Mills drunk again. Go find deputy whiner and cry to him. You make me sick!!!
Well said Fritz.
Those same forensic people who looked at Sam’s computer are the same ones who looked at Sergeant Beavers computer only to determine that a MYSTERIOUS pop-up infected his computer that had child porn on it.
So SBSD found reasonable doubt in their mind as to the charge of possessing child porn and did not seek charges.
But the REAL reason charges weren’t filed against Sergeant Beavers is Beavers wife was having a fling with Sheriff Penrod.
All this was going on around the time Sams charges came about.
The mere fact Sam was not in possession of that computer for several months was the REASONABLE doubt that should have been the factor in NOT filing charges.
James Mills you will never learn about making brash statements.
I can’t believe you said what you did knowing full well retired Lt. Bill Maddox was falsely charged for his crimes.
It really has come down to assuming SBSD’ cases lack ANY standing to be filed until proven otherwise.
Both internally and externally.
SBSD has NOW reached the mentality and corrupt level of those in the Rampart scandal.
Look at the case in OC maybe of the cop accused of accessing child porn. He was arrested, house searched, etc., all because no one took the time to find out who had access to his ISP. His neighbor was accessing the Internet through his connection. Basic investigative work 101, but no one bothered to check the basics first. It’s easier to ruin someone’s life than to do their job.
And no Joe, Its not “no harm, no foul” or “see the justice system worked” because you can never undo the emotional cost of being wrongly accused, especially of certain crimes. What would it do to your marriage if you were arrested for child porn? Your relationship with your kids? Your standing within the community? Your relationship with friends? Those are things you simply cannot get back fully nor can the damage ever be undone. Again, all because of someone with a gun and badge, a power trip, an ego, and an unwillingness to take the time to do a thorough job.
Oh please Sharon, stop showing your hatred for law enforcement. Instead of saying the cops did a poor job, why don’t you out the little punk kid that set up his daddy. The cops did their job! They investigated and made an arrest. They are not there to determine guilt. That is for the court system to do. Looks like it worked perfectly in this case as he was exonerated but to say he shouldn’t have been arrested and place blame on law enforcement is once again showing how tainted your opinions are.
And Kenny, your non sense posted over and over on this blog is truly showing how nutty you really are. You really need to get a life. I can’t want to see where you end up in another 10 years. Another beat down old dude that talks about the way it was when he once wore a badge but could NEVER once handle himself. You talk tough but some know how you really are! We saw it daily at work! A real piece of work you were Kenny.
Part of the b.s. stems from supervisors and administrators pushing stats on deputies and because newer deputies are trying to impress or are scared to tell them to pound sand, they make chicken shit arrests that really shouldn’t be made.
Piss poor leaders lead by the desk and computer terminal rather than in the field watching true investigation skills and discretion being exercised…….
LOL James, NEVER ONCE, WOW Joe, your definately suffering from ADVANCED alcohol sickness and alzheimers at 65.
Need to change the booze around, more ice in the drink Joe.
James mills on 8 December, 2012 at 10:59 AM said:
Now wow. That’s a great piece of reporting!
Hey Joe when you typed this in the Parkinson thread were you a .10% or a .20% BA level?
Like I said alzheimers is setting in Joe, mixed that with some Johnny Walker and WOW!!!
I only ask one question, what are we paying detectives to do? Is it work 9 to 5 Monday through Friday and drive a free car with free gas and maintenance? Someone please answer that one!
Sgt. Milstar the detectives want to be promoted to sergeants. Most of them.
So they are easily manipulated.
Much like Detective Whiner.
ACU – LOL
Sam’s story is a tragedy.
Alienated by his own family, and the DA’s office taking full advantage, ’cause DA Mikey himself says: “We got him nailed!!”
Good luck Sam, now you know what being “on the wrong side of politics” feels like… Baca ended up getting his due, time to begin anew!
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