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Letters 11/11/2024


RETRACTION

Law Offices of Richard Coberly
969 S. Village Oaks Drive Suite 105 Covina, CA 91724
richardcoberly@yahoo.com (626) 339-9484

Law Offices of Iva B. Miller
20687 Amar Rd Ste 2
Walnut, CA 91789
lawofficesivabmiller@gmail.com
(949)-826-6008

To: Bruce Anderson
The AVA
PO Box 459
Boonville, CA 95415
editor@theava.com (707)-895-3016

RE: RETRACT AND CEASE AND DESIST LETTER — DEFAMATION

Dear Publisher:

It has come to our attention that on October 18, 2024 you successfully published through the Anderson Valley Advertiser (https://theava.com/archives/254284) an article written by Shay Haverty titled “THE ONGOING ABUSE OF A LOCAL GIRL AND HER MOTHER by a Mexican husband/father assisted by the in-over-his-head Mendocino Judge Patrick Pekin” wherein defamatory and false statements about our client(s), Carlos Alberto Esparza De La Torre and the Esparza Family were made.

The following false statements include and are not limited to:

“THE ONGOING ABUSE OF A LOCAL GIRL AND HER MOTHER by the Mexican husband/father assisted by the in-over-his-head Mendocino Judge Patrick Pekin”

“…but also to bring awareness to what feels like a very incompetent Court, Judge, DA investigator and court system in Mendocino County, if not corrupt.”

“But more importantly, she stayed out of fear of the child’s father and family having many ties to the Cartel in Mexico” “Judge Pekin did not allow my niece’s full testimony, rejected crucial evidence, and subjected her to victim-shaming. His lack of understanding of domestic violence laws was clear throughout the trial.”

“Throughout the litigation there was ongoing abuse from the opposing party and even the court-appointed minor’s counsel documented the controlling and abusive nature of the child’s father.”

“Despite all of this, due to Judge Pekin’s ruling, the child is now facing a Hague petition that could force her to return to Mexico, tearing her away from her Mother (her only caregiver since birth) causing emotional and psychological harm that no 6 year old should have to endure.”

“She will have no rights in Mexico and in fact Carlos has had an arrest warrant issued for her, if she tries to enter that Country, she will be arrested.”

“Carlos has never taken care of the minor child for any period of time”

“Despite the move and changes Ileana is thriving…and a very happy little girl.”

“The filings provide a large compilation of evidence demonstrating the abuse that Mylea has suffered in the aftermath of the relationship.”

“The files also show that the appellate court has had to ‘correct erroneous denials’ of the restraining order request” “On two separate occasions, Carlos and his counsel have gone behind the back of this court to try and obtain orders more favorable to him [in federal court), and which he knows would be traumatic for Ileana…”

“The Federal Court further recognized and admonished Carlos for his lack of focus on Ileana’s best interest….”

Carlos Alberto Esparza De La Torre and the Esparza Family preserve the right to include any and all other statements not mentioned in this letter for a potential defamation law suit against you.

These statements were willfully misleading to the public and were made without merit. You have a duty as a secondary publisher to investigate and it appears you breached that duty because the article that you approved and successfully published does not reflect the truth. The pleadings from the Superior Court of Mendocino County Court Case No. 23FL00613, 24 FL00468 and the Northern District of California Court Case No. 24-cv- 03797-WHO and the Court transcript(s) from the above stated court case numbers are direct proof of that.

The false statement(s) that you published were reckless and highly defamatory and has caused inherent damages to Carlos Alberto Esparza De La Torre and the Esparza family.

We hereby demand that you retract the above described article published on October 18, 2024 titled “THE ONGOING ABUSE OF A LOCAL GIRL AND HER MOTHER by the Mexican husband/father assisted by the in-over-his-head Mendocino Judge Patrick Pekin” (https://theava.com/archives/254284) effective IMMEDIATELY UPON RECEIPT OF THIS LETTER NO LATER THAN OCTOBER 25, 2024.

We also hereby demand that you immediately cease and desist from publishing any and all false statements against Carlos Alberto Esparza De La Torre and the Esparza Family effective IMMEDIATELY UPON RECEPIT OF THIS LETTER NO LATER THAN OCTOBER 25, 2024.

If you do not retract and cease and desist by the above stated date, we will be forced to take appropriate legal action against you not only for the defamatory statements that you have already published but also for any other future defamatory statements that are published by you and will seek all available damages and remedies.

Dated: 21 October 2024

Richard Coberly ESQ.

Iva B. Miller ESQ.


RETRACTED! I don't know what I could have been thinking in publishing an aggrieved young mother's account of her experiences with the Mendocino County courts, the very cynosure of rural justice. I must have somehow thought I was a newspaper, and that Ms. Haverty had the right to publicly express her opinion. I deeply, deeply regret my delusion.


THE ENDLESS LIE

Editor:

It never ends, the vitriol over illegal immigration, supposed waves of criminals, rapists and human traffickers taking jobs away from Americans. In all the demonizing, no one, on either side, acknowledges that these immigrants, illegal or otherwise, come here for jobs. They’re not “taking jobs,” they’re being given jobs by American business owners who are dependent on cheap labor.

If Americans truly want to stem the flow, then focus on the businesses and industries that employ them. But that will never happen. Donald Trump will never round up and deport 10 million or 20 million people, simply because so many businesses would go belly up if he did.

In Sonoma County alone, you’d see the end of restaurants, wineries and tourism, to name a few, if it wasn’t for this tireless, dedicated and largely Latino workforce. And taking American jobs? The Press Democrat reported the unemployment rate statewide at 5.3%. So almost 95% of the labor force is gainfully employed. So many of the jobs immigrants are taking are jobs Americans don’t want to do.

And criminals and psychopaths? If they commit a crime, then arrest and prosecute or deport. But the vast majority are hardworking, family-oriented, wonderful people. Rather than deporting them, we should thank them and give them a raise.

Steve O’Rourke

Santa Rosa


TRUMP V. VACCINATION

Dear Editor,

PBS recently reported that Donald J. Trump wants to overturn the traditional American vaccine mandate for schools. In his stump speeches he frequently says he will end federal funding for schools who require them.

The reason we had a hundred years between deadly pandemics in the United States (Influenza in 1918, Covid in 2020) is because we enforced a vaccine mandate for schools. All 50 states have a vaccine requirement tied to school attendance, and for a very good reason.

If enacted, this childish and foolish MAGA policy position will kill millions of Americans in fairly quick order. It is not worth the fun of the conspiracy theory and the votes of science-deprived citizens to talk this way, Mr. Former President.

Kimball Shinkoskey

Woods Cross, Utah


CHIEF CERVENKA RESPONDS TO THE ANONYMOUS FORT BRAGG POLICE COMPLAINT

October 27, 2024

TO: The AVA

RE: Fort Bragg Police Complaints

Attached is a letter submitted to all Fort Bragg City Council members, City Manager as well as the Police Chief. This letter has also been submitted to the Attorney General and the Peace Officer Standards and Training director. We are submitting a copy of the letter to you without the videos. If the matter is not properly investigated, we will forward the videos to all media.

Our concern is public safety from those we entrust to uphold the laws of the constitution. It is obvious the Fort Bragg Police management has no concern for their personnel actions. This is not the only mismanaged event from the Fort Bragg Police Department. The captain had an office party in which things quickly became sexually out of control and an involved supervisor was fired for lying, yet the captain is still employed. A party with subordinates is unacceptable.

Recently, an inexperienced officer arrested a black juvenile at the Fort Bragg Middle School threatening him with a Taser, a black teacher asked what was going on while other white teachers watched in horror as the officer threatened the black teacher. The black juvenile was forcibly removed from the school handcuffed, and hogtied by three officers in view of other classmates, teachers and staff, all caught on phone videos. Watch the Fort Bragg Unified School District Board meeting (10/17/2024) in which numerous members of the public and school staff complain to the school board.

The incidents involving FBPD have escalated, numerous other complaints against police officers have been filed by community members. These recent incidents should be an alarming concern for this community. It is a lack of management of these inexperienced young officers. The public fears more serious misconduct will occur that will continue to be ignored or covered up.

Those involved in these recent and past incidents are preparing to file civil litigation with their legal counsel against those involved including the police department and city of Fort Bragg both in Federal and State court.

This letter was not sent to District Attorney Dave Eyster since his ignorance of these issues will only become an excuse of why he has not acted as he should. Eyster reviews all cases sent to the DA’s office, so he is aware of these criminal complaints which he does not file with the court, it is obvious he has a bond with police management.

Sincerely,

Concerned Citizens

Attached letter:

October 21, 2024

Fort Bragg City Council 416 North Franklin Street Fort Bragg, CA 95437

Re: Fort Bragg Police Department Policy Manual

Mission Statement “Acting under the tenet of Respect and Dignity for all, we strive to impact and improve the quality of life for families, all of our residents, the business community and visitors.”

Dear Mayor Norvell and Members of the City Council:

This letter is written anonymously due to the sensitivity and nature of this matter. I request that you honor this complaint to discuss and prevent these issues from becoming a public concern. This is a small community and this information will hopefully remain confidential and acted on by the City Council with the importance it deserves. The enclosure is only one example of a number of violations by officers/employees of the Fort Bragg Police Department of its Law Enforcement Code of Ethics and Fort Bragg Police Department Policy Manual.

Please accept this letter as a complaint for misconduct against the Fort Bragg Police Department: Neil Cervenka, Chief of Police, Thomas O'Neal, Police Captain; all officers and employees participating in recruiting police informants, in addition to other areas of publicly documented misconduct, dishonesty and abuse of power and authority by officers/employees.

The enclosed flash drive is the latest development that has manifested through a lack of oversight and supervision of the officers of Fort Bragg Police Department by Police Chief Neil Cervenka and Captain Thomas O'Neal. It is time for oversight of the Administration of the Fort Bragg Police Department.

The history behind this obscene text video is associated with the practice of the Fort Bragg Police Department's attempts to recruit police informants. This act is implemented by targeting and taking advantage of those individuals arrested by the Fort Bragg Police Department or on probation in the Fort Bragg area with the Mendocino County Probation Department. For many of these individuals they are fearful, trying to put the experience behind them and attempting to move forward in a positive manner. The informant recruitment actions undertaken by Fort Bragg Police Department officers/employees severely undermines the success or any positive steps made by the individuals when approached with the informant recruitment offers.

This specific video was the outcome of an arrest and the associated attempt by Officer Jarod D. Frank to take advantage of his arrestee or individual on parole. The Officer posting this video on SnapChat was aware of Officer Frank’s arrests and obtained the contact information through the records of the Fort Bragg Police Department.

Any police officer in our isolated rural community who participates in reaching out to recruit arrestees and probationers as informants is questionable and problematic at best. This process requires extensive training, experience and supervision by a trained and proven experienced professional. There is a very real and inherent risk to the officer, the support team and each informant’s life.

Neil Cervenka, Chief of Police and Thomas O'Neal, Captain, have both failed to provide supervision and oversight to their young, inexperienced officers in their attempt to establish an informant program, as well as other specialty areas of law enforcement for the Fort Bragg Police Department. Providing specialty training for officers/employees is not enough to establish and claim areas of expertise. Newly trained officers require supervision and oversight by a supervisor who is experienced and qualified in the specific area of training. There is a serious lack of both supervision and oversight within the Fort Bragg Police Department.

The level of responsibility and freedom from accountability granted to officers who lack the necessary time and experience in the position they claim to have expertise is troubling. The Fort Bragg Police Department has a recent history of numerous citizen complaints having been filed which are associated with officer/employee misuse of power and authority under color of law, misconduct and dishonesty. These complaints, those that have received acknowledgment by the Fort Bragg Police Department, are notably absent of any findings in spite of adequate evidence provided to substantiate the complaint.

As trusted members of our community, I urge you to research the recent ongoing lack of oversight, supervision and lack of transparency known to exist within the Fort Bragg Police Department. Please review the Fort Bragg Police Department Policy Manual. Hold Police Chief Cervenka, Captain O'Neal and the officers and employees accountable for their actions. Please make the Fort Bragg Police Department a law enforcement agency of which its citizens and the City of Fort Bragg can trust and be proud!

Sincerely,

A Concerned Citizen

cc: Isaac Whippy, Fort Bragg City Manager

Rob Bonta, Attorney General

Neil Cervenka, Chief of Police,

Manuel Alvarez Jr., Executive Director, Commission on Peace Officer Standards and Training.


CHIEF CERVENKA RESPONDS:

AVA

The video does not violate policy, as it was not posted to social media by the employee and does not identify the City as his employer in any way. It was originally sent via private message between two consenting adults at the request of the female. It is, however, a violation of 647(j)(4) of the California Penal Code in which the officer is a victim and the female who released it and, possibly, all those who facilitated its release are suspects. It is a blatant defamation of character of the officer and an attempt to slander the police department. The victim officer does not want to pursue criminal charges at this time. I am saddened someone would be so callous as to attempt to put an innocent person in such a negative light for their own gains.

Ms. Brewer no longer works for the department due to the PRN grant ending. [“Project Right Now, an anti-substance abuse program.] It was a temporary, contract position. This was public information. I speak with her regularly.

To my knowledge, no former Community Service Officers left employment with a Non-Disclosure Agreement for anything. There have been three CSOs since I have been Chief. One left for more opportunity with the Sheriff’s Office, one left for the military and visits the Department every time she is home, and the third is currently in the Police Academy.

No one was “hogtied.” Multiple body cameras and surveillance cameras prove this. The Fort Bragg Police Department has not had that type of equipment in anyone’s memory.

The bodycam footage was not “modified.” When an Axon Body Worn Camera is activated, the video recording starts several seconds before the sound comes on as the camera is constantly in “buffering” mode when turned on, but not recording. It constantly records video, but no audio due to storage requirements. This is a safety feature of Axon systems to at least capture the video of a critical incident should something suddenly occur prior the officer activing the record function. Axon Body - Operating modes


YOU MAY HAVE NOTICED…

Editor:

You may have noticed that The Press Democrat endorsed Kamala Harris for president, citing Donald Trump’s toxic stamp on our country and our politics. Perhaps you missed that two of the leading liberal newspapers in America failed to make the same endorsement. What do you think prompted these well-respected publications to take a pass on Harris? Crime on our streets? Illegal immigrants being treated better than American citizens by our own government? What it costs to feed your family? Fill the gas tank? Continue sending billions of taxpayer dollars overseas funding wars? The drug epidemic wreaking havoc on our country? I’m hoping The Press Democrat can help shed light on what specific criteria they took into consideration other than a hatred for Trump.

Mick Menendez

Santa Rosa


DOES ANYONE CARE ABOUT POLITICAL LIES ANYMORE?

To the Editor:

Recently, the Trump team protested to the news media and others about “fact checking” as if checking the veracity of a candidate’s statements is somehow forbidden. We all know Trump and his surrogates have called proven lies as “alternative facts” in the past to explain the differences between events that actually happened and his completely false view of those events. J.D. Vance objected to CBS for fact checking during the vice-presidential debates and more recently, Trump refused interviews on CBS 60 Minutes because they fact check interviewee’s statements in real time.

How well aligned are the Republican candidate’s demands to theatre of the absurd when they challenge outrageous lies and obvious falsehoods as truth and cleverly manipulate these lies and events solely for personal political gain? How far have we sunk together as a society born of freedom when we support candidates to the highest elected office in the world that demand their lies not be contradicted? What is next for these weasels, making a no-contradiction law or banning news media? Let’s see, who else does this? Oh gee, V. Putin who surprisingly, as Trump states, has a great relationship with Putin.

If the news media cannot insist on validating the integrity of statements issued by presidential candidates and their surrogates, what is their value? Trump has refused numerous interviews because of the news outlets policy of fact checking and ensuring they report only facts. Other than delivering the news, i.e., facts, news media has no other role in our society. Sadly, even some news outlets have been co opted from bringing facts to viewers about events happening around the world to presenting news in the view of those who exercise a particular hold or advantage on what the news says.

Have we as a nation become so brain-deadened by the internet and social media that we have no room for objectivity, honesty, truth and facts? Are we so entwined with social media that veracity is only important if it is in accord with one’s favorite “Likes” and tickles their bias? How could we have rotted so far into hell? How can we demand so little for those who can exert so much power over our daily lives and the history of the world? How could we care so little about us?

Steven Pointer

Ukiah


STOP INVESTMENT IN FOSSIL FUELS, MENDO

To: Board of Supervisors

Re: Local Action for Divestment This Week

My name is Dobie Dolphin. I'm a long time resident of Mendocino County, a volunteer at the Noyo Center and a supporter of the Blue Economy. Thank you Supervisor Williams for putting this item on the agenda. I wholeheartedly support the county divesting from investments in fossil fuels and weapons not used in national defense and I urge the Board to change the wording in the county investment policy from “discouraging” to “prohibiting” these investments. I encourage the county to move away from supporting fossil fuels by divesting from its holdings in the Royal Bank of Canada, the world's largest funder of fossil fuels in 2022, having invested $263 billion in fossil fuel companies. It's feels overwhelming to try to affect change on a federal and even a state level, but along with many Mendocino County residents I'd like to see the Board of Supervisors take a stand and be a positive force for change, as opposed to continuing to contribute to climate change by investing in companies that promote fossil fuels and weapons. Investing locally can have a positive effect on the economy and the well being of the residents of Mendocino County. Thank you, Dobie Dolphin Albion


From Mendocino County for Ethical Investing*

We are alerting you about a very important item coming up this Tuesday Nov 5th on the Board of Supervisors meeting agenda item 4d. We have an approximate time of around 12pm. But it could be earlier or later. Please save the date and show up, ecomment, or call in (more details and instructions are provided below). Briefly, here are a few suggested talking points:

Suggested Talking Points for BoS Meeting 11/5

Tell our county that we do not support our tax dollars funding the continual abuse of our planet and humanity.

Royal Bank of Canada is among MCEI’s targeted investments because it reaches maturity in January of 2025 and for the following reasons:

It is the 7th largest financier of the fossil fuel industry globally, providing over $42 billion US in funding.

It helped to make possible the Coastal GasLink fracked gas pipeline, stamping on indigenous rights.

It is a large financier of Palantir, a surveillance company whose AI products are used to target civilians across the world, along with financing other large weapons companies Raytheon, Lockheed Martin, and Boeing.

County investment policy already “discourages” investments in fossil fuels and weapons not used in national defense. So why are we still invested in Royal Bank of Canada? Our investment policy needs to be reconsidered to ensure our investments align with our values.

Mendocino County should join other CA counties and stop investing in fossil fuels and weapons of war that kill civilians and add to the climate crisis.

How to Comment on Item 4D:

Written eComment can be made here NOW until Tues morning. https://mendodivest.us22.list-manage.com/track/click?u=ab3a15a4791481ed0490abe02&id=1890375369&e=9b21bd33dd

You will need to sign into the website.

Join the meeting in person at 501 Low Gap Road, Room 1070, Ukiah, (Board Chambers) *Meeting starts at 9am, we expect 4D to come up around 12pm. *

Or Join on Zoom. Link: https://mendocinocounty.zoom.us/j/84653918191

Zoom Phone Number (if joining via telephone): 1 669 900 9128

Zoom Webinar ID: 846 5391 8191

Suggestions for forming a written or spoken comment

Here is a useful format for developing your comment (from Dr. Marshall Ganz. 2009. What Is Public Narrative?; Harvard):

  1. Say you are a constituent and what city/district you live in. 2. Give a personal reason why you care about and/or are impacted by this issue. Personal stories and anecdotes are powerful ways to grab attention.
  2. Can be identity-based: I am… a medical provider, young person, mother, teacher, grandmother, etc…
  3. Can be values-based: Having systemic issues violating one’s values. For instance, not wanting tax dollars to go towards contributing to the climate crisis emergency. Important point to make: All of us must do everything we can to put the brakes on the climate crisis. One of the only tools at our disposal for taking climate action is choosing where to invest our money.
  4. Give a few key arguments about why your elected officials should support removing our tax dollars from supporting fossil fuels and weapons of war. Use facts to bolster your statement.
  5. Close your statement with your clear, concise, and specific ask. In a written comment, include your first and last name, city, and zip code

MAGA MAN

Editor:

How refreshing to read Bret Stephens’ Oct. 24 column a recent PD issue: ‘If Trump Wins, What Will Liberals Blame?’ Having already stated that he would vote for Kamala Harris, Stephens lists all the reasons why so many independents and disaffected Republicans like me will vote for Donald Trump: liberals’ condescension, name-calling, gaslighting, high-handedness, politics of Pollyanna and selective fidelity to traditional norms (the desire to pack the court, end the filibuster, do away with the Electoral College, the politics of identity, etc.). He also cited another reason — saying that they’ll govern from the middle and then governing from the left as both Barack Obama and Joe Biden did. In 2020, I bought that lie and voted for myself rather than cast a vote for Trump or Biden. Never again. So, as much as I loathe Trump, the Democrats have so completely alienated me that I’ll vote for Trump this time.

Denny Olmsted

Napa


VOTER FRAUD

Editor:

I find myself fascinated with Republican concerns about voter fraud and their call for paper ballots, now we ALL know T-rump will say anything at any time, but this tracks very closely with concerns that were raised while I was on the County Council of our local Green Party which still had the toxic One True Green (i.e., Richard Johnson) and a variety of posers, who liked to mouth pieties, but were generally uninterested in building an actual political structure, but around that time Califonria became interested in voting machines and ending paper ballots. Well, we figured out that these machines could be easily hacked, and with no paper trail, the true results could be easily masked, so we filed our concerns with the state, Eventually, out of frustration I left the position to become Els Cooperrider’s 2006 campaign manager for the 5th District Supervisor seat as she tried to unseat the corrupt David Colfax. Although we came close, we were unsuccessful at getting into a fall runoff with him (what is it with the 5th District and their proclivity to vote in lazy and or corrupt Supes? Colfax, Hamburg, now Williams?) But back to the voting machines, Trump’s concerns track very closely to the Greens, I leave readers to make of that what they will.

Chris Skyhawk

Fort Bragg


NEVER HAD IT THIS GOOD

Editor:

America has never been better. Do you want to chop wood to burn, cook and keep warm, to depend on animals for transportation, candles so you can see when it’s dark, live in a log cabin with dirt floors?

Wake up, look around at what we have now. We eat fresh food that was grown 1,000 miles away, electricity, electric cars that don’t pollute, computers that have spell check and printers that type, furnaces, air conditioners, airplanes and trains that relocate us miles away in minutes, swimming pools, golf courses, television, hospitals, 40 hour workweeks, some stay at home and work, public schools and Social Security, plus Obamacare, thanks to the Democrats. We are living better now than kings did years ago. Help us stop polluting so we don’t lose what we have now.

As far as inflation is concerned, it does not matter which political party wins the election, because inflation is here to stay, when inflation is 2%, it means it’s 2% more than it was last year, it doesn’t mean prices are going to get lower.

Leonard Riepenhoff

Santa Rosa


MEMO OF THE WEEK

Dear Town of Mendocino Resident or Business Owner:

(Undated) The County of Mendocino provides street-side trash containers in the town of Mendocino for the public’s convenient disposal of incidental refuse. This service provides a way for tourists and residents alike to easily dispose of waste generated during their visits to the restaurants and other businesses in the Village. As you may have noticed, these containers on occasion create a nuisance despite the County's increased frequency of service to the containers due to household or business trash being illegally dumped in the containers or trash being pulled out by animals.

As an alternative to removing the containers altogether, the County is embarking on an Adopt-a- Can pilot program, much like our current Adopt-a-Road program that has proven successful in reducing the litter along our county roads. The Adopt-a-Can program would welcome concerned residents and business owners to adopt a trash container to maintain. The containers will still be emptied 2-3 times per week by the County's contractor; however, willing participants would be asked to check on the container on non-collection days to collect any fugitive litter. Program participants would be provided trash pickers, gloves and trash bags as needed. Additionally, participants would be publicly acknowledged for their service.

If you would like to learn more about the pilot program or wish to participate, please visit the Adopt-a-Can website at https://www.mendocinocounty.gov/departments/transportation/solid- waste/adopt-a-can.

You may also contact the Adopt-a-Can Coordinator, Josie Slovut, at (707) 463-4363 or slovutj@mendocinocounty.gov.

Together we can keep the Village of Mendocino beautiful and litter free!

Sincerely,

Amber Fisette, Deputy Director of Transportation Solid Waste Division

340 Lake Mendocino Drive

Ukiah CA 95482-9432

463-4363

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