Friday, October 29, 2010

Gammick's Tactics

Ever wonder what became of the sexual harassment suit filed against the office of Washoe County District Attorney Dick Gammick?     

I came across a Jurisdictional Statement on the internet.  It tells the story quite well. 

Some of the highlights of this appeal:

The Chief Investigator of the District Attorney’s Office, Cynthia Wyett, was extraordinarily evasive. She claimed, after some thirty years of employment,she did not know whether pointing a gun constituted workplace violence. PMPSJ, Wyett depo, ER00951-964. Ms. Wyett boldly asserted guns are not threatening. Depo, ER00964. Ms. Wyett refused to admit an assault with a knife was in fact a felony. Wyett depo, ER00966-968. (Ms. Wyett did not wish to admit the obvious because of the dichotomy between countenancing acts of violence among male employees and disciplining a woman because she possessed the temerity to complain re “I’m going to chop the bitch up . . .”).

Ms. Wyett admitted plaintiff was moved from the fifth floor because of her fear of Mr. Mannlein. Depo, ER00970. Ms. Wyett claimed Ms. Miller was not really afraid of Mr. Mannlein – even though she admitted Ms. Miller expressed fear. Depo, ER00949 & ER01004-1005. Mr. Mannlein was not disciplined for sexual harassment and was not fired because of sexual harassment. Depo, ER00980-987 (the District Court misapprehended these circumstances and ignored the admissions of Wyett and other County managers).

Ms. Wyett acknowledged the six-person unit, in which Ms. Peterson worked, was abolished. Depo, ER01019-1020. Ms. Earl possessed the most seniority. The only practical way to fire Ms. Earl (and plaintiff) was to abolish the unit. Depo, ER01020. Both Ms. Peterson and Ms. Earl thereby lost their County employment.

Of course Ms. Peterson requested a transfer. She knew of the District Attorney’s cosseting 
of a confirmed sexual harasser. Mr. Mannlein was not timely investigated for sexual harassment. Nor was he ever disciplined for such (Mr. Mannlein’s employment was ultimately terminated, apparently, because he made repeated approaches to a woman who had worked as a prostitute – after serving her daughter with process. Managers at the District Attorney’s Office did not characterize the termination as sounding in sexual harassment.).

Out of a pool of more than 200 employees, District Attorney Richard Gammick chose to out-source the job functions of Ms. Earl, Ms. Peterson and four other employees who served process.

Mr. Gammick made the decision to terminate six employees – out of a pool of more than two hundred. Two of those persons opposed sexual harassment. Mr. Gammick coddled Mr. Mannlein, for years, while one woman after another complained. Mr. Gammick oversaw retaliation against Ms. Peterson and Ms. Earl.

Mr. Gammick refused to investigate. He refused to discipline Mr. Mannlein, but
did summon the fortitude to discipline Ms. Earl – because she complained of sexual harassment. The reasonable inferences are compelling. Ms. Peterson’s employment was terminated, in material part, because she opposed sexual harassment. “A reduction in force may not be used as a disguise for an adverse action to remove or demote a particular employee.” Washington v. Garrett, 10 F.3d 1421, 1429 (9th Cir. 1993); citing Gandola v. Federal Trade Commission, 773 F.2d 308, 312 (Fed. Cir. 1985) (quotation omitted).

That the Office permitted sexual harassment, for years, is evidence which supports the premise elimination of Ms. Peterson’s position sounded in retaliation.

Mr. Gammick, although he knew of Ms. Spring Miller’s November 2, 2007, statement (whereby she described a course of harassment and misogyny (depo,
ER01704-07), discounted Ms. Miller’s complaint and complaints of other female
employees. He characterized those complaints as a “feeding frenzy.” Depo,

Question: You were aware in February of 2008 that a number of other women had complained of Mr. Mannlein; correct?

Answer: I was aware that there had been one other – I can think of about his – nothing to do with sexual harassment. It was his loud and boisterous voice, his use of language, and his getting close to people. He had a habit of doing that. We talked about that. He was counseled on that, and he said he was going to counseling for that very thing. He did not understand, at least from his expressions to me, that people in the west need space as opposed to people in the east who are pushed together all the time. Depo, ER01759.
(What the hell is Dick Gammick saying here? Talking out of his ass again......)  

Mr. Gammick’s vague reference to “use of language” was, in fact, an allusion to “bitches.” Depo, ER01760. Mr. Gammick was aware of the other complaints. Depo, ER01760-61; 01763-66; 01819-20. Supervisors were not disciplined for failure to report Mr. Mannlein’s conduct. Depo, ER01808.

Mr. Mannlein’s misogynistic conduct was backedup by the specter of violence. As the testimony illustrates (witness the fact male investigators were somewhat intimidated and their hands strayed near their guns when Mannlein acted out) a physical threat was perceived. “We believe that in some cases the mere presence of an employee who has engaged in particularly severe or pervasive harassment can create a hostile working environment.” Ellison v. Brady, 924 F.2d 872, 883 (9 Cir. 1991); th also see Draper v. Coeur Rochester, 147 F.3d 1104, 1109
(9th Cir. 1998).

Here is the initial story:

Monday, October 25, 2010

Dingy Dick "Not The Smartest" describing his own actions


While this video is hilarious showing Dick Gammick making one of his illegal and ill-advised traffic stops, how is it that this district attorney does not have the sense NOT to indulge in this activity?

The behavior of making illegal traffic stops depicts Gammick's egomaniac characteristics.  Surely a district attorney has better things to do than concern himself with a traffic infraction.  Perhaps he makes these stops because he does not like the looks of you.  Or maybe he likes the looks of you if you are female. Or maybe he likes the look of you if you are male.  Who knows?  Whatever the case, it is HIGHLY IMPROPER and shows a disregard for the laws of the state, and the person he violates.

Can you imagine the terror a person experiences being pulled over in an unmarked car?  Particularly in a deserted location and being female?  Imagine being approached by this gun-toting arrogant little man who was a cop once-upon-a-time.

Apparently Gammick has been making these stops for a long time:

How has Richard "Dick" Gammick been allowed to continue his escapades for so long?  Who can a citizen complain to?  The appropriate entity would be the Attorney General.  Good luck with that.  You would find that the AG would mount a defense of Gammick - NOT PROTECT THE CITIZEN.  The current AG endorses Gammick and vise a versa.

Just ask Rene Botello what the Attorney General will do for you when Gammick acts badly.  Well, can't do that as Mr. Botello is dead.  He was destroyed at the hands and devise of Dick Gammick and John Helzer.  Both of these good ol boys made it their mission to defame Botello's reputation and ability to earn a living.

Gammick relies heavily on the absolute prosecutorial immunity afforded to him as District Attorney.  This immunity is a given, even if a district attorney knowingly acts in bad faith, as long as it falls within a prosecutorial function, and not an administrative function.   As citizens,  we bestow this immunity so a good man can perform his duties.


If Gammick ever had the good judgement and temperament to be a district attorney, he no longer has it.


Gammick man has a long history of talking when he should be quiet:
"She met with a private lawyer and before contacting the diocese, they interviewed others who said they had been victimized by the priest. They also tried to get the police records but were unsuccessful, so they contacted Gammick.

"Gammick wrote back and said he couldn't help us, but then they called from the church saying Gammick had contacted them," the woman says. "He told the Catholic church about our lawsuit. It blew the whole thing. He really screwed me."

She says they were still in the investigation phase, and disclosing their plans early meant information could be hidden or lost, or a counter-offensive could be staged.

The woman's lawyer, Tom Drendel, says: "That was the most offensive thing that happened in this case. (Gammick's) job is to protect victims. That was very frustrating."

"I may have contacted the diocese to see if they had any information. I don't recall if I did or who I contacted," he said, adding: "I'm not responsible to keep anything secret." 

Attorney General Cortez Mastro wastes her time and taxpayer money on political shenanigans, rather than protect it's citizens from real threats.  Those originating out of Dick Gammick's office:

Allowing theft:

Sexual harassment and retaliation:

Manufacturing evidence:

More retaliation:

Tampering of evidence and then lying about it:

The most severe of retaliation.  Gammick skated because of his "immunity."

Monday, October 11, 2010

Gammick Throws The Book at His "Stalker"

Associated Press     March 31, 2010

RENO, Nev. (AP) — A man convicted of stalking Washoe County District Attorney Dick Gammick and other crimes was sentenced Wednesday to 83 years in prison for what a judge described as a “domestic terror spree.”

Gary Craig Rosales, 49, made a tearful plea, asking District Judge Patrick Flanagan to “give me a break,” the Reno Gazette-Journal reported.

“The is so unfair. I don't deserve this,” Rosales said.

Flanagan rejected defense lawyer Joseph Merkin's arguments that mental illness spurred Rosales' crimes. Merkin had asked that his client be placed on lifetime probation and ordered to undergo mental health counseling.

Rosales was convicted by a jury in February after his guilty plea and sentencing from 2007 was overturned by the Nevada Supreme Court.

Besides stalking the district attorney, he was convicted of shooting randomly into seven occupied homes, attempted murder of a janitor and criminal anarchy.

Photographs presented in court and reviewed by the judge showed spray-painted hate messages. One at a Reno preschool read, “All you kids must learn to hate punk cops.” Others read, “Commit murder on cops tonight” and “I will kill Dick Gammick, the DA.”

“Anyone could have been a victim ... this was domestic terrorism,” Flanagan said.

“When people target law enforcement officers, they are targeting all of us,” the judge said. “An attack on them is an attack on this country.”

During the trial, Gammick testified that he received three calls at his office and home in 2004. He said the caller threatened his life, and once said he would die following the taping of a television news show.

Gammick said the man called him names, bragged about crimes and claimed he would never be caught. Most of the calls were recorded.

Gammick said he never met Rosales and that he had no dealings with his office.

Rosales was arrested in 2004 in Whittier, Calif., after the FBI tracked him as the user of a cellular phone that had been used to place collect calls to Gammick and his office.


My goodness.  Criminal anarchy?  Domestic terrorism?  What an overly dramatic bunch.  

Mr. Rosales has got to have a screw loose to act in such a fashion.   Did he get an appropriate mental health screening? 

Did Gammick's office prosecute Mr. Rosales?  Conflict of interest there, ya' think?  Mr. Gammick has been making threats to reporters, attorneys and citizens.  He also threatened his daughter in law.  

Gammick abuses his discretion as district attorney, and is arbitrary and capricious in his decision making.  That should be a crime.  He drove an honorable man, Rene Botello to take his own life.  Botello feared for his life (see his story below).     

Does the crime fit the punishment?  Absolutely not.   

Gammick's Game - The $70 Million Dollar Question

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Monday, March 8, 2010

Letter to the Editor: Dick Gammick, DA's office at it again

Washoe County District Attorney Dick Gammick is at it again — obfuscation and passing the buck.

In July of 2008 he was quoted in a North Lake Tahoe Bonanza article, calling the Incline Village/Crystal Bay tax revolt a “game.” On Aug. 1, 2008, the Bonanza published a letter to the editor from me titled “Gammick's Game-ick”. Among other points, I reminded Mr. Gammick that we hardly considered having to shell out huge legal fees to fight against illegal and unconstitutional methods leading to unfair and unequal assessment treatment a game.

More salient in that Aug. 1, 2008, document was my accusation the county would try to blame the state for this mess. Now, in a Thursday, March 4, edition of the Bonanza, he says IV/CB and the county are “on the same side” and that the real culprit is the state for not giving proper direction to the county assessors. Moreover, he argues his office does not dictate policy and it is the board of the county commissioners who have opted to drag out this process. Of course, if you asked the board, they would say they are getting their advice from the district attorney's office! Point the fingers, do not take responsibility, stall, delay, and take whatever legal maneuvers you can to try to run us out of resources — that has been the County's strategy since day one — eight years ago!

One simple fact is clear — it is the county who has collected the ill-gotten, illegal and unconstitutional money and it is the county who should return it! It is irrelevant as whether it was the state who failed to provide the proper rules and regulations to the assessor or it was the arrogance and attitude of the assessor who ignored the rules and regulations. It is the County who has our money — pay it back now.

I don't believe for one minute the district attorney and his office have not provided counsel to try every legal gimmick to postpone the inevitable. One would think four Supreme Court rulings and seven District Court rulings would get their attention and compliance.

No, Mr. Gammick, we are not on the same side. This has gone on far too long and you and your office are right in the middle of it.

Chuck Otto

Incline Village

ALERT: #243DATE: September 11, 2010TO: Incline Village & Crystal Bay Property OwnersFROM: Village League Tax Revolt Committee
Dear Incline Village & Crystal Bay Property Taxpayers,
The United States Ninth Circuit Court of Appeals has accepted our case and scheduled Oral Arguments for October 8, 2010 in San Francisco. Just the fact that this Court recognized the importance of our struggle says volumes about our situation. Only about 15% of all of the cases that are presented to this Court are actually accepted for a hearing. The remaining decisions are made based solely on the documents that are filed by the attorneys. 

Marilyn York's Radio Show with guest Dick Gammick

It is my hope that the voters of Washoe County understand that just because Dick Gammick says something, it does not necessarily make it true.  It doesn't matter how forcefully or assuredly he says something.  It does not matter how often he repeats an untruth. What he says does not fly in the face of truth or fact.

A great example of this is his comments made during his interview on the Marilyn York radio show on September 11, 2010.  Once again, his affliction of talking out of his ass with his foot in his mouth disorder was apparent.  He insisted the callers speak "facts" while he spouted his altered reality.  Or should I say altered mentality.  Does make one wonder what he is drinking or smoking.

It is of interest the parts of that radio interview that were edited out regarding Rene Botello's belief that the CARES nurse was drawing incorrect conclusions in her medical examinations.  Both Gammick and Ms. York discussed that witness experts almost always disagree.  The point of Karen, the first caller into the show, was that the sexual assault experts who reviewed the initial finding in the Hashemi case both AGREED that there were no signs of assault - in direct conflict of the CARES nurse findings.  THAT IS A FACT.  At that time there was little to NO supervision or review of examinations/conclusions by a physician.  THAT IS A FACT.   Mr. Botello voiced his concerns to Gammick.   The training and experience of the CARES/SART personnel at that time were minimal.  THAT IS A FACT. Gammick reported that that particular nurse retired shortly after Botello questioned her findings.

Also of interest is that Gammick made a point to say that the CARES/SART personnel are independent contractors.  That means nothing if he has the ability to hire and fire them.  Gammick should not have "oversight" of them.  THAT IS A FACT.  Washoe Laboratory does not have "oversight" from the District Attorney, neither should the sexual assault team.  Therefore, they are not truly "independent,"  without influence,  or incorruptible.

Mr. Hashemi may very well be wrongfully incarcerated and the probability is high that other innocent persons were convicted with erroneous medical findings because Gammick allowed it to continue.  THAT IS A FACT.  Instead of immediately correcting the problem within the CARES team, Gammick wasted hundreds of thousands of dollars in taxpayers money defending Gammick's mistake.  THAT IS A FACT.

Again,  Dick Gammick blackened the name of Rene Botello during this radio show.  Gammick said that Botello never prevailed in court (WRONG!)  and that he perjured himself. ( WRONG AGAIN!)  THAT IS A FACT.  The only time Rene Botello didn't prevail in his assertions while in court was when he appeared before  Judge Roger Hunt.  (FACT)  In my opinion, Judge Hunt made a spineless and chicken-shit ruling.  If Hunt had ruled any other way, it would have opened Pandora's Box.  It needs to be opened.  The CARES program is Gammick's baby and obviously he would rather kill the messenger than deal with the problem.

Any person with any common sense KNOWS that Rene Botello was blackballed, oppressed, retaliated against, financially ruined, and his reputation destroyed, compliment of Richard Gammick and his sidekick John Helzer.  Gammick hid behind his immunity and was protected by his immunity for his bad acts.  THAT IS A FACT.

Being the district attorney,  Gammick enjoys near-absolute immunity that his position affords him.  He has abused this immunity and run amok.  As district attorney, he has a duty of trust.  Gammick has violated that trust.  I am absolutely certain that the people of Washoe do not want a district attorney who would act in such a manner.  No citizen would want their DA to destroy a man under these circumstances.        

Dick Gammick said he has "no idea" what medical marijuana is.  I would suggest that he become familiar with the benefits of medical marijuana.  It has made the difference between life and death for many persons while being treated with chemotherapy.  It reduces or eliminates nausea which allows people, our fellow human beings, to eat and obtain pain relief.  Eating is essential to life and helps to be able to endure chemotherapy.  It can also ease intractable pain and anxiety for those with chronic or terminal illnesses.  THAT IS A FACT.    Who could possibly object to a medication that has helped so many?  It is not any more dangerous than alcohol.

Funny that Marilyn York suggested people use "meth or something that make you get up and do some housework" rather than smoke marijuana the "lazy drug" that grows "man boobs."  That comment gave pause to Gammick, a second or two of silence from him.  That brief moment of silence was almost the best part of the show.  

Marilyn York seems quite the character.  " I don't like those nasty street hookers."  "I want the good yummy brothel girls."  "I need more whores closer to home."  "I love prostitutes."  She thanked Gammick for taking "the hater calls."  It would be safe to assume that if folks of one opinion differs with Gammick,  they are "haters?"

If Gammick has his way, many truths will never see the light of day.  A good start would be for Gammick to open his books for audit.  He has argued that accountants "do not understand what we do."   How ridiculous.  They do know "what we do," why they do it, and look for it.

What is it that Gammick does not want the people to see?

Monday, September 20, 2010

Deceptive Dick

Gammick and his big mouth talking out of his ass again.  Dick Gammick revealed that he had cigarette butts tested for DNA in a 22 year-old rape case.  During an interview he talked nonsense as though it were fact.  In listening to him during that interview, if you didn't know better,  the listener would walk away thinking that those results indicated guilt and a match of Nolan Klein.  Nothing could be farther from the truth, in fact, it is entirely bullshit.

Gammick tried to duck and run from his statement.  When Nolan Klein's attorneys asked Gammick to produce those results, they could not be found, or any indication or documentation that testing had been done.  (see Gammick's secret file on Judge Perry below and please remember Rene Botello)  Do you see a pattern here?  Secret files and testing, mixed with a big mouth equals serious consequences for others.  Yet Gammick does not miss an opportunity to spew his deceptive and delusional thinking.

Gammick's words and actions are more than dirty politics.  Dick Gammick is a bad man, a dirty district attorney, and an outright Dick.

Today is the one-year mark that Nolan Klein died in prison after being incarcerated for 22-years.  Through a blunder of egregious errors he was convicted of a rape of which he is innocent.  His story is one that should make all of us fear our "justice" system.

Despite the tireless efforts of Nolan and his sister, Tonja Brown, Nolan was not to see freedom before his death.  Nolan Kline's life was cut short because he was not medically treated in prison for a dangerous disorder that has an easy and cheap fix.

There are many serious elements to his case, but I will only address a few of the most disturbing.

Nolan was in Carson City at the time of the rape.  Not in Reno where the rape occurred.  Two witnesses, one who is now a deputy sheriff in Carson City, the other the bartender on duty that night.  The presiding judge made an egregious error and only allowed the jury 1 of the transcripts to review when they asked for both.  Had the jury had the opportunity to review both witness testimonies, it would have been crystal clear  that Nolan could not have been in Reno at the time of the crime.  He was drinking at a bar with many witnesses.

The perpetrator had brown eyes and was described as having something significant wrong with his mouth.  The victims thought either he had a cleft palate or chipped front teeth.  NOLAN HAS BLUE EYES AND A PERFECT SMILE.

Several other crimes had been committed in this area of Reno and the sheriff's office believed that the same person had committed all of these sex crimes, including the one Nolan was convicted of.  The victims of the other instances cleared Nolan and his car.  The sheriff's department had developed a suspect - Ricky Lee Zarsky who disappeared without picking up his last paycheck.  THIS EXCULPATORY EVIDENCE WAS WITHHELD FROM THE DEFENSE

The public defender, Shelly O'Neill admitted she was not on top of her game when Nolan asked for another attorney because she was ineffective.

DNA samples were collected along with several cigarette butts that the perpetrator smoked.  At the time of Nolan's conviction DNA testing had not evolved but as the years passed Nolan decided to have the cig butts tested. It is well documented that the intact cigarette butts were intact when first collected.  Then they were snipped off.  Next time they were viewed they had magically grown back to their original size.  Unbelievable?  Outrageous?  Yes!  And it is all true.

As Dick Gammick's campaign website states:

I could not agree more, soooooo


Friday, August 27, 2010

"Better Than Sex"

Dick Gammick just does not know when to shut his trap.  What the heck is wrong with him?  He sounds like an old horn dog with tourette's syndrome.  Might have something to do with the dual problem of Foot in Mouth While Talking Out Of Your Ass Disorder.  

Gammick made statements to the media just after the guilt phase and several days before the jury was to hear evidence regarding the death penalty for James Biela.  Biela was convicted of murder, rape and kidnapping of Brianna Denison.  Gammick made comment to media that "hearing a guilty verdict was better than sex."

Brianna Dennison was a victim of a horrendous sexual crime.  Two other women were assaulted by Biela. This was a case of a serious nature dealing with the highest stakes.

Judge Perry had made a supplemental order addressing Gammick's inappropriate statements.  In Gammick's usual demigod fashion, he interviewed with Channel 4 and REPEATED his statements.,86,122

Judge Perry, a very wise judge, who handled this case with the utmost professionalism addressed Gammick's diarrhea of the mouth.  It is a must read.  Finally, Gammick was told to be quiet. Hooray!'s%20Motion%20to%20Strike.pdf

Brianna Denison was a wonderful young woman with a bright future ahead of her.  Thank you to the tipster who brought Biela to justice.  Thank you to the community for coming together and raising the funds to test the back-logged DNA and to all those dedicated law officials who worked tirelessly.

Thursday, August 19, 2010

Sodom and Gomorrah

Smoking marijuana certainly doesn't make anyone the brightest bean on the pole, but watching this clip cracks me up. Many patients report that marijuana relieves intractable pain and helps with the side effects of chemotherapy.  
Gammick is usually having a tizzy-fit about one thing or another when he's in front of a camera. It's fun to watch.
Question of the Day: Is the Boss Majal synonymous with the place of Sodom and Gomorrah?

Tuesday, July 27, 2010

Gammick's Black & Blue Ego

It was most interesting coming across this tidbit on Craigslist.  Dick Gammick accuses this reporter of the very things he is most guilty of: going beyond the bounds of decency,  using allegations and innuendos,  not minimizing harm to persons, pursuit of the news (law) is not a license for arrogance, causing harm and discomfort to family members, arrogant misuse of considerable power,  mindful to a code of professional conduct and to be accountable for ones actions and words.

A strange psychological projection is resonating from his words.  Either that or he is looking in a mirror asking himself;  Mirrror, mirror, on the wall.  Who's the dumbest fuck of all?

His most outrageous statement is his proclamation of his "deep seated respect for the First Amendment."  Nothing could be farther from the truth.  If it were so, I believe that Rene Botello would be alive today.  Dick Gammick has arrogantly misused his considerable power, otherwise he would not have blackballed Mr. Botello.

Gammick needs to be held accountable for his failure to correct the egregious errors made by the CARES nurse. See the Rene Botello story below.

Gammick needs to answer for mistakes and misleading the public on many issues which resulted in horrible consequences to others.

Monday, July 26, 2010

Tricky Dick

During the 2008 state district judge race, district attorney Dick Gammick came out with wild and irresponsible accusations directed towards judge Robert Perry.  He is quoted in the

“During a public interview, you stated that I did not prosecute you for drug violations due to a lack of evidence. That statement is misleading since I have in my possession reports from two separate laboratories stating you had cocaine metabolites in your system, which establishes the fact that you had ingested cocaine. What I was unable to prove was that you ingested the cocaine in Washoe County, which resulted in you not being prosecuted due to a lack of jurisdiction.”
The remainder of the 784-word message was in a similar vein.
Gammick sent the message to 200 of Reno’s most prominent people—Republican Party leaders, journalists, public officials and attorneys.

If in fact it were true that judge Perry had "cocaine metabolites" in his system, the time to act was long gone - not dig out some lab reports from a quarter century ago.   Washoe County Labs was not accredited to perform such tests at the time.  What did Gammick do?  Did he fabricate lab reports?  Has any credible source reviewed these alleged reports?

Gammick Hand-Picks A Judge
On more than one occasion, Gammick involves himself in places that any respectable district attorney should not be.  A good example of this is when he hand-picked a particular judge in the Nugget embezzlement case in 2006.  Highly improper.

"It's extremely important to the integrity of our system that the same process be followed in every case," Adams said Friday.  "The process of selecting a judge should be uniform in all criminal cases."

Initially when told Friday that Gammick and Polaha had discussed who would be the judge, Dunlap said he was concerned.

"Especially if Gammick is talking to the judge without defense counsel present," Dunlap said.  "That is improper.  You don't tell the judge who you want or don't want."

Dunlap continues by saying that both he and the prosecutor were happy with the decision to have judge Breen.  He will decide whether Sparks Nugget lawyer Davenport would receive probation or prison time for embezzling $3 million from the casino.

Well that's great!  Gammick strayed from standard practice of having the case assigned randomly by the court clerk and initiates an ex parte communication with judge Polaha in a high profile case.  Glad to hear it worked out for ya' all.

Tuesday, July 6, 2010

The Demise of Rene Botello

Benjamin Franklin said, ``Grievances cannot be redressed unless they are known; and they cannot be known but through complaints and petitions. If these are deemed affronts, and the messengers punished as offenders, who will henceforth send petitions? And who will deliver them? - Where complaining is a crime, hope becomes despair.''

Botello's Death Should Not Be In Vain


The City of Reno has fallen to a city of despair with Richard "Dick" Gammick holding the reins of the city.  He is the policymaker of the city.  

As reported in the Reno Gazette Journal:
    May 3, 2010 ... “Rene Botello was a bad cop and he should have never been in the position he was.” Gammick said he hopes Hunt's ruling sends a message to attorneys who file frivolous lawsuits.’ - Cached
 per rgj site: Unfortunately, that page could not be found. (no surprise there!)



HOW MANY PEOPLE HAVE BEEN FALSELY CONVICTED BECAUSE OF THE "GROSS ERRORS" THAT YOU CHOSE TO IGNORE?  An example two years after Mr. Botello brought the problem to Gammick:

A man named Hashemi was convicted in 2003  on the faulty findings of Lily Clarkson.  This is the same nurse practitioner that Rene Botello had concerns about and that Dick Gammick ignored. Both the District Attorneys Office and the defense experts agreed that the CARE nurse findings were incorrect.  Everyone knows this, yet he is still imprisoned.

Hashemi has asked for a new trial.  Dick Gammick's response is that this motion is "frivolous."  He further accuses counsel of being "inappropriate" and a "violation of counsels duty of candor"  In other words, he is gearing up to fight without addressing the root of the problem;  the gross errors made within his office.  I would not be surprised if Gammick asks for sanctions against Hashemi's defense attorneys.    

On the Election 2010 Reno Gazette site:  Dick Gammick: Above all a District Attorney must be honest and above board at all times, especially when something has been done wrong or a mistake is made. The adage "the buck stops here" is alive and well today. The District Attorney must be ready to take responsibility not only for his/her personal actions, but for the actions of the office.


Now is the time for Richard Dick Gammick to heed his own words and take responsibility for his actions.  Why did he continue to allow the testimony of nurse Clarkson when it was brought to his attention long ago by Rene Botello that Clarkson's findings were faulty?

Rene Botello is dead.  It is my opinion that Mr. Botello is dead because he had the integrity to report to Dick Gammick that the findings of the Child Abuse Response Evaluation “CARE” nurse were in “gross error.” The destruction of Mr. Botello’s reputation, loss of income and resultant “suicide” were the direct result of Doo- Little-Dick-Gammick’s retaliation.

What became of the complaints Mr. Botello made to the FBI and Attorney General's Office that mistakes were made involving sex crime examinations?  Has ANYONE investigated his complaints?  Has anyone spoken to the physicians who concluded that a "gross error" had been made in these various cases?  How many persons have been wrongfully convicted because of these errors?  Is Dick Gammick allowing questionable information to be presented as facts to obtain convictions? Just asking.....  These questions are screaming for an answer.


The rgj article further writes: He said he will try to recoup attorneys and legal fees.  “It’s been a long time,” Gammick said.  There’s been two trials, several appeals and not a single allegation has been proven or upheld.”  Botello’s attorney, Diane Vaillancourt, said she was not surprised with the ruling and felt “this whole case is a travesty of justice.”

Gammick is hiding behind his prosecutorial immunity to behave badly.  That is the crust of the Botello case.   BOTELLO WAS NOT TO BE HEARD AT ANY COST.  By the way, the cost to taxpayers were astronomical defending Gammick's malfeasance.  Not to mention the very real possibility of loss of freedom and liberty to those incarcerated because of Clarkson's testimony.  All that was needed was a ruling from a judge that Gammick’s actions did not interfere with Botello's freedom of speech.  This was a cowardly ruling.   It defies common sense.  End of story.  It was a done deal before it began and continues to be so.    

Let’s start from the beginning. This story has no happy ending.

Read from the United State Court of Appeals For the Ninth Circuit:

Appellant Rene Botello alleges that after he brought to light abuses in the Washoe County District Attorney's sexual assault response program, Washoe County District Attorney Richard Gammick and Deputy District Attorney John Helzer (the "prosecutors") retaliated against him for his protected First Amendment activity, in violation of 42 U.S.C. § 1983, defamed him and subjected him to intentional infliction of emotional distress. Botello brought suit in the district court against Gammick, Helzer and Washoe County ("County"). The district court dismissed Botello's first amended complaint on the basis of absolute prosecutorial immunity, and this appeal followed. Because certain of the prosecutors' acts were not within the scope of their prosecutorial functions and were not closely associated with the judicial process, they were not shielded by absolute immunity. In addition, the County was not entitled to absolute immunity. 

We take the following facts from Botello's first amendment complaint.1 In December 2001, Botello was employed by the Washoe County Sheriff's Office ("WCSO") as a child sexual assault investigator. Botello was one of the few Spanish-speaking investigators in the County and was frequently called upon by fellow workers and outside police departments to assist in investigating cases involving Spanish-speaking victims, suspects and witnesses. In the course of his duties, he learned that Nurse Lily Clarkson, who regularly testified as a medical expert in child sexual assault cases, was "indisputably wrong" in her medical finding that a certain female child had been sexually penetrated, had no hymen and was the clear victim of sexual abuse.2 In addition, Botello learned that Clarkson was equally mistaken in her separate conclusion that the child's sister was similarly injured.

In separate follow-up examinations of the sisters, three pediatricians at three different medical facilities found that there was no physical evidence to support Clarkson's findings that the children had been sexually assaulted. The doctors who performed these follow-up examinations informed Botello that Clarkson's medical findings were in "gross error." Given Botello's awareness that suspects were routinely arrested based on Clarkson's findings and convicted as a result of her testimony, his discovery that her findings were in "gross error" deeply disturbed him.

Botello reluctantly concluded that it would be wrong for him to remain silent and that he needed to bring evidence of Clarkson's wrongful medical findings to the appropriate officials. He brought his discovery to the attention of his superiors, including County prosecutors Gammick and Helzer, who regularly utilized Clarkson's testimony in procuring sexual assault convictions. Botello also requested an audit of the CARES program to ensure the integrity of County sexual assault investigations and prosecutions.

Seriously, when will someone pay attention that there is a problem with the CARES program.  Please read this story:

When one of their good old boys was set to be kicked to the curb, the Nevada District Attorney's Association circled the wagon and filed this with the court:
The motion of Nevada District Attorneys Association for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is denied.

Per Wikipedia: An amicus curiae is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it. The information provided may be a legal opinion in the form of a brief (which is called an amicus brief when offered by an amicus curiae), a testimony that has not been solicited by any of the parties, or a learned treatise on a matter that bears on the case. The decision on whether to admit the information lies at the discretion of the court. The phrase amicus curiae is legal Latin and literally means "friend of the court".

Monday, May 31, 2010

Dirty Driving

FROM THE 2008 SHEEP DIP PROGRAM                                 
Refers to his illegal traffic stops

Mr. Gammick (sung to Mr. Sandman)

Mr. Gammick, lend us an ear
Mr. Gammick, lend us an ear
We've got a message we'd like you to hear
You met a friend in old Mexico
We're tellin' you, those trips are one big no-no

Richard, we understand
And we all know that you wanted your man
It could have ruined your career
In the future, better stay right here

Hey commuters, Dick's got a bar
Watch out for the light on top of his car
He loves to cruise out Pyramid Highway
You see him comin', take the nearest byway

Drivers, he loves to cite
It's "Toothpick Dick" and his red blinkin' light
So watch your speed cause wrong or right
Mr. Gammick's loose in the night

Hey there Richard, you're the DA
We know you want to CYA
"What's CYA?"
"Cover your............attitude"

So please amend your wacko ways
Mr. Gammick call it
Please, please, please
Mr. Gammick call it a day

His traffic stops violate NRS Chapters 288 and 289 which only allow peace officers to conduct such stops, and he is not a peace officer
He violates NRS 197.200, Oppression Under Color of Office by arresting or detaining another against their will, and since physical force is threatened, as he carries a .45 automatic, it is a felony.
He also commits False Imprisonment with a Deadly Weapon, a felony (NRS 200.460), False Impersenation of an Officer (by claiming to have peace officer power, NRS 197.120) and other crimes with each stop.
Gammick prosecuted David Robert Schmall for stopping a young woman, using an SUV equipped with red lights and a siren, just as Gammick does (RGJ March 29, 2009).
The law requires that there must be a way to investigate complaints and allegations of misconduct against peace officers.  NRS 289.055.  There is no way to investigate Gammick, since he is not a peace officer.  Complaints made to local law enforcement are ignored as the agency that would prosecute him is his own.  Further, if the cases were sent to the Attorney General, it would go nowhere as she endorses Gammick for office, and he endorses her.

QUESTION OF THE DAY:  Do you believe Dick Gammick should be making traffic stops?
A Great Internet Presence, Andrew Barbano

Peter Pans in public office
Expanded from the 3-1-2009 Daily Sparks Tribune

OFFICER NOT-SO-FRIENDLY DEPT. D.A. Gammick's street shenanigans have gone unreported but continue to rankle local law enforcement.

It seems that Mr. Gammick's workload is so light that he has time to write traffic tickets.

He reportedly had his personal vehicle outfitted with flashing lights and has been pulling people over and issuing citations. If county workers and equipment were used, he should reimburse the taxpayers.

Besides ticking off police and sheriff's departments, this appears to be an unhealthy blurring of lines.

Let's say the D.A. tickets some guy who happens to be under surveillance and is soon thereafter arrested on major charges.

A smart defense attorney could assert that since the D.A. himself issued the citation, his office should be disqualified from prosecuting the perp.
So Washoe County could end up footing the bill for an outside agency to handle the felony case all because Mr. Gammick likes playing traffic cop.