It must feel pretty heady for Chula Vista mayor Cheryl Cox to get away with
suborning perjury (
click here to see one such case involving Cheryl Cox) and at the
same time her political allies* are able to get District Attorney Bonnie Dumanis to
prosecute a Chula Vista city employee for this rarely-prosecuted crime because he
tried to take a picture of Cheryl at a yacht party fundraiser.   Cheryl has played rough
for a long time, but she turns out to be more vindictive than I had imagined.

Cheryl approved the actions of her favored law firm,
Stutz, Artiano, Shinoff & Holtz on
behalf of CVESD. (This is Leslie Devaney's firm, to which the City of Chula Vista, of
which Cox is mayor recently awarded a cozy settlement in the
Madigan case.)
Cheryl's decisions as school board member put extreme pressure on two law officers
to commit perjury. When she received an official complaint about the crimes of Rick
Werlin, San Diego District Attorney Bonnie Dumanis decided it was okay for Richard
Werlin to commit obstruction of justice on behalf of Chula Vista Elementary School
District.

But it's a different story when the shoe is on the other foot. Bonnie kowtowed to Cox
and brought felony charges against a young man who tried to photograph Cox with
Cox's disgraced family friend David Malcolm. This young man's actions pale in
comparison to those of Cheryl Cox and CVESD. Bonnie claims the young man
committed perjury when he said he had taken leave from his job to go to the Cox
political fundraiser, where Cox and Malcolm were socializing. Bonnie says the young
man was actually being paid by the City of Chula Vista at the time he was at the Cox
luncheon.

For Cheryl Cox, having political power means she is above the law.

It is clear that Bonnie's prosecution of Jason Moore is politically motivated. Perjury is,
sadly, an extremely common crime in our legal system. Cox's former lawyers, Stutz,
Artiano, Shinoff & Holtz, use it as a knee-jerk perjury response to true allegations.
Naturally, Bonnie Dumanis refused to investigate the felonies of Cheryl Cox and Rick
Werlin.

Am I the only one who believes that Cox uses public money to achieve her own
personal and political goals? Apparently not.

On November 2, 2006, the San Diego Union Tribune published these comments by
Sharon Floyd:

"Candidate Cheryl Cox refuses to acknowledge the ties she has to David Malcolm,
former Chula Vista council member and port commissioner who was jailed for
corruption. Records show that she has taken tens of thousands of dollars from
Malcolm.

"Cox has been a paid lobbyist, not only for developers who have business with the
city, but also casinos, trucking companies and liquor stores.

"Cox likes high-rises. Her family had a deposit on a condominium in the now infamous
Españada project."

Cox also approves of stretching the truth when she's not under oath. After wasting
hundreds of thousands of tax dollars in Chula Vista to achieve her personal and
political goals, including doing business with builders who channelled money to her
campaign, she had the nerve to run for mayor of Chula Vista on a platform of fiscal
responsibility and character issues. Clearly, Cox cares more about her own power
than she does about the education of children, fiscal responsibility, or the law.

Cheryl Cox also put the Sheriff of Santa Barbara in a difficult position when she
covered up crimes at CVESD. Cheryl weaved a tangled web of deceit after deciding to
cover up Robin Doig/Colls/Donlan's crimes at Castle Park Elementary. Robin's brother
and his boss,
Commander Sam Gross, were pressured to commit perjury by Cox's
decision to cover up crimes.

Deputy District Attorney Patrick O'Toole, San Diego Union Tribune reporter Tanya
Mannes and the grand jury involved in the Cox case will, if they have any interest in
equal application of the law or journalistic ethics, take note of proof of perjury by the
Sheriff of Santa Barbara to help Cheryl Cox cover up crimes.
They will also look at supporting pleadings in this perjury case, which was thrown out
because plaintiff did not correctly plead the alteration or destruction of documents.

There is one--and only one--crime that anyone can commit and not be liable for civil
damages. It is perjury. You have to have power to get someone prosecuted for
perjury. The reason for this is, of course, that perjury is committed all the time at the
behest of many lawyers and by witnesses who want to cover up wrongdoing. The
only time such perjury is litigatible is when documents are destroyed or altered. Such
destruction of documents occurred at Chula Vista Elementary School District when
Cheryl Cox voted to violate the law and cover up crimes.
Through her lawyers, Cheryl Cox suborned the perjury of Robin Donlan on
November 4, 2004.

Attorney
Kelly Angell Minnehan, knowing that she was suborning perjury, intentionally
caused Robin Colls Donlan to change her testimony from a true statement to a false
statement 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 a strategy of destruction of documents,
dishonesty, and subornation of perjury for this case, and had, on December 17, 2003
and continually after that time, made clear to Angell Minnehan that he approved and
would help cover-up any illegal 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:

"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 a reasonable person informed of ANGELL'S words and actions--
could not help but understand that ANGELL was ordering her client to change her
testimony.  And Ms. Donlan did change her testimony:

THE WITNESS: No.

Why did ANGELL want this apparently innocuous information contradicted?   The
information is a matter of public record.  Because ANGELL was desperate to avoid
any testimony about discussions about the matter by teachers and Michael Carlson
and Rick Werlin at that time, since those discussions involved covering up crimes by
planning new crimes.  

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 lie to cover up a committed by that institution.  This is public, not private.  This
is subornation of perjury BY government, supported by tax dollars, and the public has
a right to know about it.  The lawyers provided to CVESD by the San Diego County
Office of Education Joint Powers Authority must stop milking the public and committing
misdemeanors and felonies that harm public education.        

Plaintiff's conduct as alleged in this cause of action constitutes an unlawful act in
violation of Penal Code section 127, which states, “Every person who willfully procures
another person to commit perjury is guilty of subornation of perjury, and is punishable
in the same manner as he would be if personally guilty of the perjury so procured.”

The following quotes from Robin Donlan’s deposition show exactly how she
contradicted the sworn testimony of her principal.  SASH knew very well that these
people had violated Labor Code Section 432.7 (a misdemeanor) against Larkins
(Exhibit 8), but instead of an apology to Larkins they continued to bill the district for
their efforts to subvert the justice system.

ROBIN COLLS DONLAN DEPOSITION
November 4, 2004

P123
18              MS. LARKINS:  Okay.  I would like to ask that
19     this document be labeled -- okay -- as Exhibit 5.
20              I want to make sure that you get one,
21     Ms. Garvin, because this relates so specifically to your
22     client.  
P 124
3             (Exhibit 5 marked for identification.)
17          A.  "Deposition of Gretchen Donndelinger."
P 125
22          A.  "Did Robert -- Robin Colls ever share with you
23     any kind of information concerning a police report
24     allegedly, somehow, involving Maura Larkins?"
P 126
9          Q.  Was there ever something about a police report
10     that you didn't want Gretchen Donndelinger to know?
11          A.  Not to my recollection, no.
12          Q.  Okay.  So according to your recollection,
13     Gretchen Donndelinger's testimony about you here is
14     false?
15          A.  As far as I recall.
9          Q.  Was there ever something about a police report
10     that you didn't want Gretchen Donndelinger to know?
11          A.  Not to my recollection, no.
12          Q.  Okay.  So according to your recollection,
13     Gretchen Donndelinger's testimony about you here is
14     false?
15          A.  As far as I recall.
16          Q.  Okay.  Did your brother ever talk to you during
17     the year 2000 about my having been arrested?
18              MR. GARVIN:  Vague and ambiguous.
19              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
12     Donndelinger was working at Castle Park, did you ever
13     talk to her about a police report involving me or anyone
14     connected with me?
15          A.  No.
16          Q.  Did you ever tell her that you knew something
17     about me, but you -- she wouldn't want to know it?
18          A.  No.
19          Q.  Did you ever tell her that there was some sort
20     of non-school relationship between my family and your
21     family?
22          A.  Not to my recollection, no.

p71

7          Q.  Did you ever talk to Gretchen Donndelinger
8     without an attorney present about me at any other time
9     other than the times you were discussing the white board
10     incident and the notebook incident?
11          A.  I don't recall any, no.
12          Q.  Okay.  If you had knowledge about a
police
13     report about a teacher at your school, is that something
14     you'd be likely to remember?
15          A.  Probably.

Another individual who committed perjury under pressure from Cheryl Cox and the
rest of the
CVESD board was Linda Watson (Exhibit 7), contradicting herself again
and again, and changing her testimony when Larkins asked if Watson would mind if
her phone records were subpoenaed.
Cheryl Cox gets away with suborning perjury, but her associates get young man
indicted for taking time off work to spy on her yacht party (April 2007)

Bonnie Dumanis accused by
Steve Castaneda of politically-motivated
prosecution on behalf of Cheryl Cox
Cheryl Cox
Former CVESD school board member; mayor of Chula Vista
*One of Cox's political
allies is her husband, Greg
Cox, who happens to be
District Attorney Bonnie
Dumanis' boss.
"Billary" Clinton
and  
"Gregeryl" Cox

One of Cox's political
allies is her husband,
Greg Cox, who
happens to be District
Attorney Bonnie
Dumanis' boss.

Greg and Cheryl are a
powerful pair.  
"Grecheryl" Cox seems
to be the Republican
equivalent of "Billary"
Clinton.

Greg and Cheryl bring
to mind the
combination of Bill and
Hillary.
Cheryl Cox games
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San Diego Union Tribune

Regarding “Ex-mayoral aide
pleads not guilty to perjury in
'political dirty trick' ” (Our Region,
April 3):

Am I the only one confused by
the article about an unemployed
former Chula Vista mayoral aide
who has been charged with five
felony counts of perjury that
could land him in prison? Jason
Moore's attorney said this
investigation is over whether his
client turned in a leave slip
before or after the photography
incident occurred back in August.

He also said that at no point did
the incident being investigated
cost taxpayers a penny. I think
there
clearly is a waste of
taxpayers' dollars –
specifically, the cost of a six-
month investigation about
when a time card was turned
in.
And if there is a conviction,
what will be the cost to
incarcerate Moore? Isn't a time-
card question an issue for Chula
Vista's Human Resources
Department? Or is it too busy
giving golden handshake checks
to former city management?

One just has to read the articles
about the recent sweetheart deal
Chula Vista gave to one of its
former employees being
investigated over conflict of
interest. Let's see, one ex-
employee gets a $155,000
payout and annual benefits of
nearly $30,000. The other? Well,
he gets five felony counts.

I guess the lesson to be learned
is that if you are being
investigated you should get three
high-powered attorneys, and
you'll land safely, thanks to a
generous golden parachute. Sad.

ELVA GIBSON
San Diego
Former aide to mayor
makes plea agreement

Prosecutor drops perjury charges

By Tanya Mannes
San Diego Union Tribune
June 20, 2007

CHULA VISTA – A former Chula
Vista mayoral aide who was
charged in March with felony
perjury pleaded guilty yesterday
to a misdemeanor under a deal
reached with the District
Attorney's Public Integrity Unit.

Patrick O'Toole, a Public Integrity
Unit prosecutor, spent months
investigating Jason Moore, who
had been an aide to former
Mayor Steve Padilla.

O'Toole focused on an August
2006 incident involving the Chula
Vista mayoral race. In that
incident, Moore left his City Hall
job two hours early and went to
spy on a fundraiser for Padilla's
political opponent, Cheryl Cox,
who went on to beat the
incumbent in November.

O'Toole was investigating
whether Moore was carrying out
“a political dirty trick” while he
was on the clock working for the
city.

He concluded that Moore
ultimately took the two hours off.
But he believed Moore lied about
the timing of when he turned in a
request for personal leave.

“People can't come into the
grand jury, swear to tell the truth,
and then lie,” O'Toole said.

On March 27, a criminal grand
jury considered O'Toole's
evidence and indicted Moore on
five perjury counts.

Yesterday, Moore, 36, pleaded
guilty to one count of contempt of
court, a misdemeanor. As part of
the deal, he admitted that he lied.

O'Toole said that in the plea
deal, he considered mitigating
factors such as “the lack of a
monetary cost to the city” and the
fact that Moore had already been
disciplined by Padilla with a two-
week suspension.

Moore's attorney, Knut Johnson,
said he was pleased the felony
charges were dismissed.

San Diego Superior Court Judge
David J. Danielsen sentenced
Moore to three years of
probation, during which he
cannot run for political office or
work for a public or political
official; seven days of public work
service; and a suspended
sentence of 45 days.
San Diego Education Report
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Education Report
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Education Report
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Cheryl Cox blog posts

Cheryl Cox Games

Cheryl Cox Biography

Cheryl Cox perjury

CVPD hoax for Cheryl Cox

Cheryl Cox Blackmail

Cox and Steve Castaneda

CVESD