| 02/15/08 Kelly R. (Angell) Minnehan Business & Facilities Governance & Public Law Labor & Employment Litigation Student & Special Education |
| When Kelly Angell worked at Stutz, Artiano, Shinoff & Holtz, she got Robin Donlan to change her testimony on November 4, 2004. Attorney Kelly Angell Minnehan intentionally caused Robin Colls Donlan to change her testimony during her deposition for San Diego Superior Court case number GIC781970. Kelly Angell Minnehan was working under the supervision of Daniel Shinoff, who had, with Jeffery Morris, set out the strategy for this case, and had, on December 17, 2003, made clear to Angell Minnehan that he approved and would help cover-up any actions she might take to win the case. ROBIN DONLAN DEPOSITION November 4, 2004 (Exhibit 1) Page 99 Q. Do you know that I was dismissed by the school district? MS. ANGELL: You mean other than conversations that are attorney-client privileged, attorney work product and information related to Ms. Donlan in the course of this litigation? MS. LARKINS: Yes. THE WITNESS: We were told during a meeting, so-- [At this point, the deponent had answered a clear question, AFTER her lawyer's clarification that the question specifically ruled out information that was "attorney-client privileged, attorney work product and information related to Ms. Donlan in the course of this litigation." Ms. Donlan made it clear that there had been a meeting which was NOT "attorney-client privileged, attorney work product and information related to Ms. Donlan in the course of this litigation," in which she had learned that LARKINS had been dismissed from employment. As DONLAN answered this question affirmatively, the video camera recorded her tone of voice, eye movements, and body language, all of which support the court reporter's record of an affirmative response. This additional evidence indicates DONLAN'S clear understanding of the question, and her clear understanding of the clarification by her lawyer. DONLAN nodded her head affirmatively as she answered, "We were told during a meeting, so--." She looked at Kelly Angell as she spoke the words, and spoke in a confidential tone of voice, as if she had never before given this information to her lawyer, but was giving it to her now. ANGELL interrupted her client's testimony to give a clear order, a clear directive, a clear instruction, to Ms. Donlan:] Angell: "Well, you don't discuss anything that was told to you by your counsel, things that you discussed with counsel. So the question is did you know, other than through your counsel or through this litigation, that she had been dismissed? [The witness--and any reasonable person informed of ANGELL'S words and actions--could not help but understand that ANGELL was trying to get her client to change her testimony. I doubt that Ms. Angell ever discussed this issue with her client. Ms. Donlan learned it at a school meeting about a year before she came to know any lawyer at Stutz law firm. Ms. Donlan did change her testimony:] THE WITNESS: No. [Why did ANGELL want this apparently innocuous information contradicted? Because ANGELL was desperate to avoid any testimony about discussions about the matter between teachers, Michael Carlson and/or Rick Werlin, even though those discussions were absolutely not covered by attorney-client privilege, since those discussions involved not only violations of contract and civil law, but criminal law as well. This isn’t a private lawyer protecting a client. This is a public entity lawyer preventing a witness from telling the truth about harm done by the public entity. This is a representative of a public institution (Chula Vista Elementary School District) forcing a client to change her testimony about a crime committed by that institution. This is public, not private. This is an action BY government, supported by tax dollars, and the public has a right to know about it. San Diego County Office of Education Joint Powers Authority must stop milking the public and harming public education. The following quotes from Robin Donlan’s deposition show exactly how she contradicted the sworn testimony of her principal. Stutz law firm knew very well that these people had violated Labor Code Section 432.7 (a misdemeanor) against Larkins (Exhibit 8), but instead of advising the district to issue an apology to Larkins, they continued to bill the district for their efforts to conceal the facts.] ROBIN COLLS DONLAN DEPOSITION November 4, 2004 P 123 18 MS. LARKINS: Okay. I would like to ask that this document be labeled -- okay -- as Exhibit 5. I want to make sure that you get one, Ms. Garvin, because this relates so specifically to your client. P 124 (Exhibit 5 marked for identification.) "Deposition of Gretchen Donndelinger." [see right column for Donndelinger transcript > > >] P 126 Q. Was there ever something about a police report that you didn't want Gretchen Donndelinger to know? A. Not to my recollection, no. Q. Okay. So according to your recollection, Gretchen Donndelinger's testimony about you here is false? A. As far as I recall. Q. Was there ever something about a police report that you didn't want Gretchen Donndelinger to know? A. Not to my recollection, no. Q. Okay. So according to your recollection, Gretchen Donndelinger's testimony about you here is false? A. As far as I recall. Q. Okay. Did your brother ever talk to you during the year 2000 about my having been arrested? MR. GARVIN: Vague and ambiguous. THE WITNESS: No. 21-22 Q. Okay. Would you please read the question on Line 2 of Page 81. P 127 line 9-16 Q. Okay. Now that you have read almost half a page of Gretchen Donndelinger's testimony about a conversation she claims to have had with you, are you getting any memories at all of this conversation? A. No, none whatsoever. Q. Okay. Do you have any explanation for why Gretchen Donndelinger would have said that you talked about a police report? Page 128 line 8 through page 129 line 5 Q. So could you read the question that was asked of Gretchen Donndelinger that is recorded here on Line 10 on Page 81. A. "Was this in a face-to-face conversation with Robin Colls?" Q. And what was Gretchen's answer? A. "Yes." Q. Okay. You don't remember any face-to-face conversation with Gretchen Donndelinger about a police report that allegedly somehow involved me? A. No, I don't. Q. Okay. Do you have any experience of Gretchen Donndelinger having hallucinations? A. No. Personally, no. Q. Okay. But you heard -- her testimony here is false; is that your testimony? A. I don't have any recollection of that event. Q. Could this conversation have had happened and you might have forgotten it? A. I doubt that. Q. So you're quite sure this conversation never took place? A. I don't recall it. P70 11 Q. When I was working at Castle Park and Gretchen Donndelinger was working at Castle Park, did you ever talk to her about a police report involving me or anyone connected with me? A. No. Q. Did you ever tell her that you knew something about me, but you -- she wouldn't want to know it? A. No. Q. Did you ever tell her that there was some sort of non-school relationship between my family and your family? A. Not to my recollection, no. p71 Q. Did you ever talk to Gretchen Donndelinger without an attorney present about me at any other time other than the times you were discussing the white board incident and the notebook incident? A. I don't recall any, no. 12 Q. Okay. If you had knowledge about a police report about a teacher at your school, is that something you'd be likely to remember? 15 A. Probably. Another individual who gave questionable testimony under pressure from Kelly Angell MInnehan (and the CVESD board) was Linda Watson (Exhibit 7), Watson contradicted herself again and again, and changed her testimony when Larkins asked if Watson would mind if her phone records were subpoenaed. |

| Escape from Lozano Smith |