July 4th

Remember, absolutely NOOO fireworks in Big Sur – anywhere, even on the beach. There is a $1000.00 fine. The feds, if you are on federal property can fine you between $500 and $50,000.
Otherwise, enjoy your 4th.

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Sunsets in Big Sur

A little photographic collage I did, using photographs I took in the last week or so.

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Condor Photos by Dan

Here are some photos that Dan sent he a few days ago. To all the Father’s out there … HAPPY FATHER’S DAY!

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The amazing thing about this second photograph is the narrow depth of field, as evidenced by the wing tips, and yet how focused is the eye. Great job, Dan! Thank you!

Cliff rescue

Around noon this afternoon, a cliff rescue was underway near the Coast Gallery. Apparently, a tourist had fallen down the cliff while taking photographs. Around 12:30, rescuers were speaking with the individual, but hadn’t gotten that person up the side of the cliff. I have no information about the nature of any injuries.

Please be aware when visiting our coast, that climbing on our rocks on the side of the road is ill-advised. Mountain Goats and Condors excepted. It is usually a v-e-r-y long way down.

Thanks Allan Groves for the eyewitness account.

Highway One roadwork

(See attached file: Hwy.1 Striping 6.12.12.doc)

Today’s Date: Tuesday, June 12, 2012
District: 05 – Santa Barbara, San Luis Obispo, Monterey, San Benito
and Santa
Cruz Counties
Contact: Susana Z Cruz (bilingual) or Colin Jones
Phone: (805) 549-3138 or 549-3189
FOR IMMEDIATE RELEASE

HIGHWAY 1 STRIPING/MARKING FROM SAN LUIS OBISPO/MONTEREY COUNTY LINE TO
SOUTH OF BIG SUR IS UNDERWAY

MONTEREY COUNTY – A project to restripe a 42-mile section of the centerline
and edge lines as well as place new pavement markers from the SLO/Mon.
County line to just south of Big Sur near Coast Gallery is underway,
Caltrans officials have announced.

Work hours are from 8 am to 4 pm Monday through Thursday and until 12 pm on
Friday. One-way traffic control by flagging and pilot car will be
implemented at all times during this roadwork. Up to 15-minute delays are
anticipated. Electronic message signs will be used to alert motorists of
the work/delay ahead. Work is expected to be completed by June 22.

The project will improve safety by increasing roadway delineation and
visibility. The contractor for this $332,000 project is Central Striping
Service of Rancho Cordova.

Caltrans reminds motorists to move over and slow down when driving
through
Caltrans work zones.

For traffic updates on other state highways in Monterey County, motorists
can call Caltrans District 5 Public Affairs at (805) 549-3318 or visit the
District 5 website at: http://www.dot.ca.gov/dist05/road_information.htm

Susana Z. Cruz
Public Information Officer /
Portavoz de Relaciones Públicas
(805) 549-3138
(805) 549-3326–Fax

Photos by Dan

Dan knows I have been struggling for a couple weeks with some abscessed teeth, so when the Internet doesn’t cooperate, it is easy to just give up. Big Sur Kate’s favorite photographer, Dan Danbom, sent me a couple of great shots from Pheiffer Beach to share. When life and the persnickety Internet cooperates, I have some stories and/or photos to share. In the meantime, while the antibiotics kick in, again, enjoy these two.

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BTW, I’ve finally learned how to edit AND post photos from my iPad. 😉

The Cal Trans 5 in court

The Cal Trans 5 were in court in Salinas this afternoon, but the arraignments were continued until tomorrow at 8:30 am. An attorney for one of the defendants said it was likely not to be heard until 1:30 in the afternoon. A significant outpouring of support showed up in solidarity for the Five from the South Coast of Big Sur, including family and friends, local school officials, and other community members. All told, there were probably at least a dozen people who made the 2 and 1/2 drive to show their support. Two camera crews from local news stations also showed up to cover the proceedings.

Attorney Tom Worthington appeared on behalf of Phil Taylor, the retired Cal Trans employee. Attorney Juliet Peck made a special appearance for Cal Trans Supervisor Danny Milsap. She will also make a special appearance tomorrow. A special appearance simply means that financial arrangements have not yet been finalized between the client and the attorney. The public defender was appointed for the remaining three, but the Public Defender will only represent one of the three, and alternative defenders will be appointed to represent the other two. Those attorneys are likely to be present tomorrow.

The only surprise presented in court addressed why the bail had been set so unusually high.Tom Wothington pointed out that the standard bail schedule for these non-violent, non-serious felonies is usually $10,000 per offense charged. However in this case, a declaration was filed under seal under Penal Code section 1275.1 to allow for the extremely high bail of $1,000,000 each. None of the parties – the DA, the attorney, or the court had seen this sealed declaration.

Either a police officer or a prosecuting attorney must file a declaration under penalty of perjury that he or she had probable cause to believe that the money that may be used to post bail was obtained by fraudulent or felonious means, and therefore, it may be set much higher than the bail schedule allows.

This is just another piece of the puzzle. A million dollar bail requires $100,000 cash. That is the sum alleged to have been involved in the overtime fraud charges by ALL 5 people. So the question in my mind is how a cop or a prosecutor can claim that all four are going to use feloniously obtained funds to post bail when they collectively are only charged with “stealing” enough money to post bail for one? Since no one is yet allowed to see the declaration (although defense attorneys will get a copy) we cannot know the reasoning behind this move by the prosecution. The defendants are entitled to a probable cause hearing on the Penal Code 1275.1 declaration, as soon as their attorneys can be ready for it. In the meantime, a preliminary hearing has been set for May 18th.

This story has lots of layers, which will only be revealed over time. My fear is that the real story will never find its way into the public information system.

UPDATE: 11pm, Tom Worthington was interviewed after the bail hearing and told the reporter that in his opinion this matter was WAY over charged and that he expected these men (and one woman) to be released tomorrow. Interesting. Let’s hope he is right.

I cannot make the 8:30 time frame, but if it is held over until 1:30, I will be there and report back.

A failure of the Press

My information is that one of the current employees was arrested, but later released, with no charges pending. I was told of his arrest by CHP last night at 6:30 pm, confirmed by the jail as arrested at 7:00 pm, and yet the press release issued jointly by CHP and Cal Trans just after 3:00 pm, doesn’t list him as being arrested or as a suspect. I also find it interesting that the only media to carry this information is bigsurkate and the Cambrian, who called me. All the major news networks are reporting, almost word for word, the statements issued in the joint press release. NONE, of our local media seem to be doing any independent investigation at all! I am extremely dismayed to discover that the Herald and KSBW, at least, are just reporting what they are told to report. So much for independent, investigative journalism. PLUS, in my humble opinion, it is biased. Where do we go for honest, and in depth reporting, if we can’t count on our biggest newspaper and local television station? Please don’t say bigsurkate. I can only cover the South Coast, sometimes the North Coast, and I haven’t had time to train my volunteer.

This has been a day of lessons for me. Many people prefer to condemn without knowing the facts. Local media prefer to just publish press releases, rather than do their homework, no one notices except those who have access to the inside story. We wonder why our economy and democracy are in jeopardy? A true democracy does not work without an informed constituency, and it hard for the public to stay informed if the media just publish what they are told to publish. Shame, is all I can say.

Current and former Cal-Trans workers arrested

At 5 am this morning, per a non-employee woman who was staying at the Cal-Trans yard at Willow Springs maintenance Yard, she woke to find 5 police officers in her room. She was not arrested.

At about 9 am this morning, I got a call from Rock Knocker informing me that there were a huge number of MCSO and CHP officers at “the yard” and Gorda, and four additional officers parked at Radio Point. I left about an hour and a half later, and noted a lot of officers at the yard, but none at Gorda, and saw at least one at Radio Point. (I did not pull in and look behind the rock, like RK did.)I couldn’t stop and investigate, as I had a brief due today, which meant it had to posted by priority mail today from Cambria.

After lunch with RK, sharing information, making and receiving several phone calls, including one from RK (who left early to find out what was going on) I had enough information to know that something very unusual was going down, but I was still trying to piece it together.

RK told me that his landlord, a former Cal Trans employee had been arrested, and that all his tenants had been given 30 days to move, due to code violations. I made more phone calls. I had more information.

On the way home, I noted 3 CHP cars and their drivers in the Cal Trans yard and the gate open. This was 6:30 pm. I turned around, and when I got back, the gate was closed. My mail box is there, so I stopped anyway. The gate was not locked, and was swinging open, so I walked in. CHP Officer N. Ashby immediately approached me, so I introduced myself, and showed him my press credentials and started asking him questions. He confirmed that arrests were made. I asked for the names, and he went back to the other officers, and as I started to approach, he motioned for me to stay where I was. I did. After a few minutes, he came back with 6 8×10 computer print out of photos of 6 people – 5 current Cal Trans employees, and one former employee. Each had a name at the top of the photo, which he read to me as I read over his shoulder. He gave me the name and number of the PIO for the CHP to call, with the caveat that the PIO might have already left.

I rushed to a local land line, and he had gone home, but the woman who answered the phone suggested I call the MCSO, which I did. I finally tracked down someone who confirmed the 6 arrests, but could not confirm the charges, as at 7 pm, they were “being interrogated.” I made numerous other calls, spoke to a number of locals, and eventually got home around 8:30 pm. I had groceries to carry in, dogs to take care of, more phone calls to make, and eventually got a copy of the joint press release from Cal Trans and the CHP. (Thanks to Bert.) The press release indicates 4 current and 1 former employee were arrested, but the information both the CHP and the jail provided, listed six total names. There are only 6 current employees at the yard, so only the very newest hire was not arrested.

The charges listed on the press release, as to all individuals, are grand theft, conspiracy, and theft of public monies. It further indicates that the workers were falsifying documents to increase their over-time salaries, as well as stealing Cal Trans property.

If you get KSBY or KION, there will be much more later tonight, and given the potential for notoriety, I suspect there will be more coverage in the days to come.

ED COMMENT: For us down on the South Coast who know all these people, who have helped and been helped by these workers, it is a very sad day. It will affect our entire community for months to come, not to mention the eviction of a number of residents from their homes. As a criminal defense attorney for too many years, I would just ask everyone to remember that these individuals are innocent, until the state proves beyond a reasonable doubt otherwise. So, please, do not judge until you have heard the whole story.