BY RAUL HERNANDEZ
SANTA BARBARA, CALIF. — The trial of a former Ventura County District Attorney veteran investigator who alleges that the District Attorney’s Office retaliated against him for reporting crimes and unethical conduct is scheduled to begin in October.
In a lawsuit, Mark D. Volpei’s alleges that his supervisors retaliated after he reported unethical conduct and possible crimes by a “high ranking official” at the district attorney’s office.
Also he alleges that an Oxnard Police Department chief was having sex with a female criminal defendant the department was investigating. In addition, he said he was told by superiors, including District Attorney Greg Totten, to limit his investigation that shed light on alleged widespread crimes at a county agency that helps the elderly and disabled.
Wednesday, Santa Barbara Superior Court Judge Thomas P. Anderle set Volpei’s trial for Oct. 28.
Mark D. Volpei’s is among the five district attorney investigators who have sued the District Attorney’s Office for discrimination and retaliation in the past few years.
Also named as defendants in Volpei’s lawsuit are District Attorney Greg Totten, the county of Ventura along with current and past employees of the DA’s Office.
Volpei, who filed his lawsuit in 2011, is also alleging harassment and claims he was discriminated against after suffering a work-related injury. After nothing was done to accommodate his injury,Volpei alleges he was forced to quit his job, according to court papers.
The defendants through their attorney Mark Palin have denied the allegations and asserted 20 affirmative defenses, according to court papers.
Judge Anderle set some rigid timelines for attorneys, saying they must squeeze in more than 10 witness dispositions before the trial, including the scheduling of a two-day disposition for Totten.
Attorneys were in court for a case management conference, which is basically legal housekeeping before the trial, in a case that Judge Anderle described as “complex” and “interesting.”
During Wednesday’s hearing, lawyers sometimes bickered over the scheduling of witness dispositions and discovery matters. Discovery is the exchanging of both sides of the evidence and documents that they intend to present during the trial.
Palin’s Cerritos-based law firm of Atkinson, Andelson Loya, Ruud and Romo is representing the District Attorney’s Office and the County of Ventura. Defense attorney representing Volpei and former district attorney investigator Joseph Cipollini are Ventura County attorneys Mark Pachowicz and Lanny and Terry Tron who were in court on Wednesday.
Attorneys told the judge that they spent an entire day trying to settle this case but were unsuccessful, adding that there was very little hope of reaching a settlement in the near future.
“The court will not raise the issue again because it will be counterproductive,” the judge said.
Palin declined to comment after the hearing. Defense Attorneys Lanny and Terry Tron said this case will probably go to trial because both sides are miles apart in reaching a settlement. Terry Tron said she expects the trial to last about two weeks.
Five Investigators Alleged Discrimination- Retaliation
Volpei’s is one of five district attorney investigators who filed discrimination and retaliation lawsuits against the District Attorney’s Office.
One former district attorney investigator Leslie Robertson dropped her lawsuit, and a court dismissed former district attorney investigator Tammy Schwitzer’s lawsuit. Another lawsuit was tried three years ago and an investigator was awarded $1.3 million as damages for retaliation. The trial of another former investigator Joseph Cipollini is pending.
In that lawsuit, a Santa Barbara jury in 2011 voted unanimously that the DA’s office retaliated against former investigator Robert Velasquez and awarded him $1.3 million. Jurors also decided by a 10-2 vote that the district attorney’s retaliatory actions forced Velasquez to quit his job.
The case was transferred to the Santa Barbara Courthouse after all the judges in Ventura County recused themselves.
Volpei’s Lawsuit and His Allegations of Crimes, Coverups and Misconduct at DA’s Office
In his lawsuit, Volpei maintains that the District Attorney’s Office engaged in a coverup in 2001. Volpei claims that while conducting a criminal investigation he learned that an ex-girlfriend of a high-ranking official with the district attorney was providing confidential information to a member of a notorious motorcycle gang facing felony charges, according to court documents.
Volpei also claims he provided the recorded statements to his supervisors but was told that the possible “exculpatory information,” which was documented in two separate reports, would not be given to the attorneys representing the criminal defendants.
“As a result of Volpei’s disclosures about unethical and possibly criminal behavior of the defendants, defendants retaliated against Volpei including disparate treatment and downgrading of job status,” the lawsuit states.
In addition, Volpei alleges that in 2007 the DA covered up his investigation that indicated an Oxnard police chief was having sexual relations with a female criminal defendant who was being investigated by this police chief’s department. He stated in court documents that his superiors refused to give this alleged exculpatory evidence to the female defendant’s lawyer.
“Defendants ordered Volpei not to produce his police reports detailing the relationship to anyone,” Volpei alleges in court papers.
In 2008, Volpei claims that he was assigned a criminal investigation involving the Ventura County Public Guardian’s Office, court records indicate. The Public Guardian handles hundreds of cases involving elderly and disabled people who were under the conservatorship of that agency.
Volpei claims that he learned of the “misappropriation and mismanagement” of funds and assets by employees of that agency.
“Volpei disclosed his findings in a report to defendant Greg Totten, one of his superiors and to others at the” Ventura County District Attorney’s Office, Volpei states in his petition.
He maintains he was ordered to limit his investigation to those employees at the lowest level of management.
“Volpei’s internal documents were censored and corrected by defendants to minimize and exclude information that exposed the magnitude of thefts and mismanagement at that agency,” the lawsuit states. “Volpei was ordered to disregard the evidence as to management and to investigate the lowest level of mismanagement.”
The Velasquez and other lawsuits
Velasquez said in his suit that the District Attorney’s Office retaliated against him after he gave testimony in a civil deposition involving the Schweitzer and Robertson discrimination lawsuits filed against the district attorney. He said he was bullied into retirement by management for answering a subpoena and testifying in the discrimination lawsuits of investigators Schweitzer and Robertson in 2008.
Velasquez says the retaliation against him began when he criticized the office in the civil deposition in April 2008, alleging the office has a history of racial and sex-based discrimination.
Volpei also said there was a “campaign of retaliation” included frivolous internal investigations, disparate treatment, and less job responsibilities after he gave deposition testimony in Schweitzer and Robertson’s cases.
Schweitzer’s lawsuit was later dismissed, and Robertson dropped her suit.
DA Greg Totten’s Testimony at Velasquez’s 2011 Trial
In 2011, Greg Totten testified in Velasquez’s trial, saying that he never read any depositions in any of the lawsuits because he is very busy and he delegates this responsibility to others in his office.
He said he’s known Velasquez for 25 years and that he was a hard worker — a “bulldog” — in conducting investigations. He had numerous letters of commendation and outstanding job performance evaluations, including one in 2007 from Totten’s chief assistant district attorney, Jim Ellison who has since retired.
But Velasquez also had weaknesses, including failing to file administrative and employee job performance reports, Totten said.
He testified that Velasquez’s former supervisor promoted him to head of the high-tech task force, which investigates crimes, and that he was there for 18 months.
After Velasquez’s trial, Attorney Alan Wisotsky, who represented the county and the District Attorney’s Office, said he thought Velasquez’s suit was frivolous and was “stunned and disappointed” at the jurors’ decision.
Adding that he would talk to county officials so they can decide what to do next. Several issues can be raised if the case is appealed, Wisotsky said in an interview to the Ventura County Star.
But the county decided to switch lawyers; they fired Wisotsky and hired Palin’s law firm.
Investigator Joseph Cipollini Retaliation Allegations of Intolerable Working Conditions.
Joseph Cipollini also testified in the Schwitzer and Robertson cases, and alleges that shortly afterwards, he was harassed and had his job responsibilities diluted, according to court documents. He said that when the harassment got really bad he complained to Totten and his then second-in-command James Ellison who refused to do anything about it.
Cipollini like the other plaintiffs said the harassment was too much and he was forced to quit.
The District Attorney and the county through its lawyers have denied Cipollini’s allegations.
Wednesday, Palin told Judge Anderle that he’ll file a summary judgment to try and get Cipollini’s lawsuit tossed out of court because there is no legal basis supporting Cipollini’s allegations.
“Trial Date Set for a Former Investigator Who Claims the Ventura County DA Retaliated Against Him For Reporting Crimes” This former Investigator was telling the truth, I as a regular citizen has been oppressed and inflicted misery, it’s a pattern of behavior when individuals report crimes against police officers, this DA should be removed from office because he works on prejudices, since he is well-know within the community and the community knows who he is. I have been victimized by their unlimited power, this is believe, since I started to speak out of the wrong doing towards tenants in Oxnard Gateway Apartments in which an officer was involved and protected those doing wrong doing. I became well known as a “rat” that placed me in danger of my life, since 2005 and until today has been a warfare “until death do us apart.” My life has been destroy and I was conspired to be en-jailed with false allegation and violation of private rights entering manipulated evidence into my case before the Judge on the Workers compensation; ultimately, I do not have medical care. I am being kill slowly for the retaliation and gratification of my enemies.
I am afraid for my life. Everything they say about Ventura County Superior Court and the DA’s office, including the venture county gang task force. Is true. And I am still Appealing my cases where they have maliciously retaliated with revenge and intent to ruin my life. The gang unit has verbally and physically threatened me in 2013.
Which is in my Maranda statement. In 2013 When I was arrested, I was arrested with two people they believe was involved in a murder. Which officer Rodriguez, is a blood relative of the gang member. He is also from the gang unit he was lead detective on the case. Peter Nick a gang member from Fillmore California, was shot and killed in 2003. They have been investigating the two people I was arrested with ever since. Officer Rodriguez testified to investigating them for some time. During that time they have harassed every one of there family’s, and friends. The judge precluded the evidence from entering his Courtroom. And that is motive for how they have been treating me, For the last 7 years. You can find the incident in the Star free press. And local newspapers in Ventura County. Officer Rodriguez testified to calling dispatch telling all other officers to stand down that they would take care of apprehending Mr Gaspar. Officer Rodriguez was also involved in a accident where they lied about the speed saying they were going 60mph after investigation found they were going over 92 mph. They settled out of court for 3.2 million dollars. Now they lied and almost killed a woman leaving her quadriplegic. What makes people think they won’t lie about me. The judge said it wasn’t relevant. , After the threats and numerous arrest for just walking down the street, going to the store, or getting a ride to work. Officer Gonzalez then acted on the threats on may 9th 2015 physically, mentally abusing me busting my dental bridge out, fracutered my knee in two places damage meniscus disc incarcerated me for four days without medical attention. I have witnesses, MRI, doctor reports, and internal affairs denied my complaint saying I didn’t have enough evidence. Then officer Tedder another gang unit officer who had arrest me in 2012 for a gun. Goes to DA Scott Hendrickson and tells him to file a complaint on me exactly three years to the day. And in trial the owner of the gun testified that it was his gun he put it there and I had nothing to do with it. They convicted me of the gun anyway. Knowing what I know and all this discrimination and all the violations of my constitutional and civil rights coming from the same officers that have threatened me I filed for a pitchess Motion. They have lied twice already and as long as Ventura County Superior Court has anything to do it I will never get a fair pitchess Motion. The judge precluded and then said the 3.2 million dollars settlement wasn’t relevant. They almost killed a woman lied about the accident. More proof they will lie about anything. January 4th 2019I went to court and showed my public defender that court case lookup and the superior court and the court of appeals all say that I’m in chuckawalla Valley State Prison my public defender had his office verify it then told the DA Scott Hendrickson and the judge and they acted like they knew nothing about it I’ve lived in Ventura County my whole life I’ve never been arrested out of Ventura County Scott Hendrickson has been trying to put me in prison since 2013 how does he not know that there saying I’m I’m in prison. So now that I’ve told them that on March 21 2019 they tried to violate me and send me the prison for four and a half years. I complied with everything probation has been telling me to do except go to NA, AA, or a job placement. I didn’t get it in trouble for drugs, don’t drink, and I have a job that they have kept me away from since 2015 after abusing me. I’m not the only person this is affecting. My boss counts on me I’m the only person working for him. And he’s missed alot of jobs and money that he could be making. they had no grounds for sending me to prison the judge even said so. Two probation officers DA Scott Henderson and not one of them had my file, but they were going to send me to prison. two weeks after that they try to violate me for police contact and send me to prison for 16 months. Now I’m afraid for my life. If they have it their way they will loose me in the system. Or accidental death like The accidental deaths in Todd road detention center. with the new laws on the police officers files I should be able to prove what I’m saying is true. You can find everything on the internet. if Ventura County has anything to do with it, they will manipulate the courts just like they have in my trial and my first Appeal. I’ll lose or like I said they’ll kill me. my mail is being forwarded to a PO box and I live in a residential I have a mail box. I received a letter December 11th 2018 saying if I don’t pay over $6,000 by January 11th 2019 they were going to have the IRS take my taxes now I was convicted on January 4th 2019 they gave me seven days to come up with over $6,000 and they have intercepted my taxes. There is so much that they’ve done unfair in my trial I am willing to share all my evidence with whoever’s willing to help me prove these officers and judges along with Gregory Taunton, Scott Hendrickson, the public defenders are munipulating and maliciously convicting people knowing there innocent. I have all transcripts, doc’s, minute orders, denied complaints, Witnesses, MRI, doctor reports to prove what in saying is true. I am a prisoner in my own house. emotionally drained physically tiered, and financially broke. after a year and a half out of work, when they denied me medical attention when they fracutered my knee and damage my meniscus. out of work about another year in jail for crimes they have maliciously convicted me of. Knowing they didn’t have a proper warrant, DA Scott Hendrickson, explains what’s needed to take evidence on a protective sweep. They have to go to a judge get him to signed a warrant. then come back and do there search and removal of evidence. Then explains how Officer Grant simlpy goes In to the house grabs the gun without taking pictures or without gloves. Or without a signed warrant from a judge. There’s so much more but my appeal is still Going, but it s all the same people who have already allowed me to loose. They told me I can Appeal everything the whole case so I said okay I want to appeal everything. then I get a letter March 14th 2019 saying that they only told me that because it was done out of an abundance of caution. Iwill try again I have to go to work tomorrow goodnight and God bless you and America. Thank you. MAP