{"id":12167,"date":"2015-05-21T22:52:42","date_gmt":"2015-05-22T05:52:42","guid":{"rendered":"https:\/\/cjnotebook.com\/?p=12167"},"modified":"2015-05-26T17:21:31","modified_gmt":"2015-05-27T00:21:31","slug":"county-settles-second-retaliation-lawsuit-against-da-for-750000","status":"publish","type":"post","link":"https:\/\/cjnotebook.com\/?p=12167","title":{"rendered":"County Settles Second Retaliation Lawsuit Against DA for $750,000"},"content":{"rendered":"

(UPDATED: MAY 26<\/strong>: \u00a0So far, Ventura County has paid the Cerritos-based law firm of Atkinson Andelson Loya Rudd and Romo<\/strong> more than $2.3 million in legal costs for representing the county and the District Attorney’ Office in the Joseph Cipollini and Mark Volpei lawsuits, Chuck Pode, the county’s risk manager<\/strong> stated in an email on Tuesday.<\/p>\n

The $2.3 million breaks down like this: So far, paid $1.7 million for legal costs for the Cipollini case, and $642,271 for legal work on the Volpei case, Pode stated. \u00a0No further payments are expected on the Volpei case, Pode stated.<\/p>\n

Also Attorney Alan E. Wisotsky, of Oxnard,<\/strong> was paid $69,204 for his law firm\u2019s work in the Volpei case. Wisotsky was fired after the Velasquez case. The county hired Atkinson Andelson Loya Rudd and Romo to handle the Volpei case.<\/p>\n

BY RAUL HERNANDEZ<\/strong><\/p>\n

Notebookventura@gmail.com<\/strong><\/p>\n

VENTURA, CALIF.<\/strong> \u00a0— The county agreed to settle another retaliation lawsuit filed by a former District \"county-of-ventura-california-bronze\"<\/a>Attorney investigator against the District Attorney for hundreds of thousands of dollars.<\/p>\n

Last month, the county agreed to pay former DA investigator Joseph Cipollini $750,000 to settle a retaliation lawsuit against the DA.<\/p>\n

In August, the county also agreed to pay another DA investigator Mark Volpei\u00a0$850,000 to settle his retaliation lawsuit.<\/p>\n

In both settlement agreements, the county and the District Attorney\u2019s Office admitted no wrongdoing.<\/p>\n

\"Greg<\/a>
District Attorney Greg Totten<\/figcaption><\/figure>\n

Five\u00a0former DA investigators filed separate lawsuits against Ventura County<\/strong>, the District Attorney’s Office,<\/strong> naming as individual defendants, District Attorney Greg Totten<\/strong> along with other current and past DA employees.<\/p>\n

The lawsuits allege retaliation or discrimination or both.<\/p>\n

In addition to the financial damages from the lawsuits, the Board of Supervisors approved millions of dollars in payments for legal and court costs to defend the five lawsuits.<\/p>\n

In a lawsuit filed in 2011, Cipollini alleged that the District Attorney\u2019s Office retaliated against him after he became involved in three cases involving DA investigators who alleged discrimination or retaliation or both against the DA’s Office in 2008. Cipollini gave a desposition in\u00a0former\u00a0DA investigator Tammy Schwitzer’s sexual discrimination lawsuit.<\/p>\n

Also Cipollini gave depositions in former DA investigator\u00a0Robert Velasquez’s retaliation and harassment lawsuit and in former DA investigator Leslie Robertson’s sexual discrimination lawsuit<\/p>\n

A judge later dismissed Schweitzer\u2019s lawsuit, and Robertson dropped her suit.<\/p>\n

Three years ago, a jury awarded Velasquez $1.3 million as damages for retaliation, The Ventura County Star reported\u00a0<\/a><\/p>\n

According to the Settlement agreement document<\/a>\u00a0 in the Cipollini, the plaintiffs and defendants agreed not to discuss the terms of the agreement, why the case was\u00a0finally\u00a0settled after four years of litigation or how the monetary damage – approved by the County Board of Supervisors – was reached?<\/p>\n

Also in the Volpei case, the county agreed to a similar nondisclosure clause in the settlement agreement.<\/p>\n

Millions in Legal, Settlements and Court Costs<\/strong><\/p>\n

American Justice Notebook reported in December that Ventura County Board of Supervisors approved payments of millions dollars in settlement money, as payment on the Velasquez jury award and for ongoing legal costs to defend the lawsuits.<\/p>\n

In December, the legal costs and fees alone incurred by Ventura County for hiring two law firm to represent it and the District Attorney\u2019s Office total $2.4 million, according to information provided to\u00a0American Justice\u00a0by Ventura County Risk Manager Chuck Pode.<\/a><\/p>\n

\"Attorney<\/a>
Attorney Edward Ho<\/figcaption><\/figure>\n

Attorney Edward C. Ho<\/strong>,\u00a0whose Cerritos-California based law firm Atkinson Andelson Loya Rudd and Romo represented the county, declined to comment this week. He said he is \u201cbound\u201d by the terms of the agreement not to talk about the Cipollini settlement or the case.<\/p>\n

He said he got a copy of the written settlement in mid-May.<\/p>\n

Calls to Cipollini\u2019s lawyer Mark Pachowicz were not returned.<\/p>\n

Plaintiffs and Defendants and Nondisclosure<\/strong><\/p>\n

\"Mark
Attorney Mark Pachowicz<\/figcaption><\/figure>\n

In both of these settlements, the legal language states that disclosure of the terms of the settlement by the plaintiffs or defendants, except as required by law, would be considered a breach.<\/p>\n

In addition, the settlements state that Cipollini and Volpei must destroy or return documents, including files, emails, reports, memoranda and correspondence belonging to the county.<\/p>\n

The settlement agreements state that if anyone asks: \u201cHow the action was resolved?\u201d \u00a0The response must be the following: \u201cThe matter was resolved to the mutual satisfaction of the parties\u201d or \u201cwords of similar import.\u201d<\/p>\n

Questions Remain Unanswered About Volpei\u2019s Allegations<\/strong><\/p>\n

\"criminal_justice_jurisprudence<\/a>The terms of the settlement agreements make it very difficult to get information about the serious and explosive accusations that Volpei made in court papers.<\/p>\n

Specifically, Volpei accused high ranking officials – Totten, Former\u00a0District Attorney Michael Bradbury<\/strong>, former Oxnard Police Chief Crombach<\/strong>\u00a0and Ventura County supervisors<\/strong> with the Public Guardian\u2019s Office – of unethical, unprofessional and possibly “criminal behavior.”<\/p>\n

In his Case Management Conference Order<\/a>\u00a0submitted to the court and dated April 30, 2014, Volpei makes specific and serious accusations.<\/p>\n

\"courtroom_02\"<\/a>The Cipollini and Volpei cases contain volumes of court documents. The court filings, however, offer few details regarding Volpei’s allegations.<\/p>\n

But in a court filing on May 14, 2014, Volpei alleged that a “reliable confidential informant” told him that in 2001 the ex-girlfriend of then\u00a0District Attorney Bradbury\u00a0<\/strong>was leaking confidential information about the investigation of the Hell\u2019s Angels<\/strong> to its president, George Christie<\/strong>, who was facing felony drug charges.<\/p>\n

Pachowicz, a former county prosecutor, and then county prosecutor Jeffrey Bennett were assigned to the\u00a0Hells Angels criminal case\u00a0 in 2001.<\/p>\n

The May 11 court document further states: \u201cVolpei reported the information directly to D.A. Mike Bradbury. Mr. Bradbury told Volpei to document the information in a memorandum and provide it to the Chief Deputy of the Bureau of Investigation, Gary Auer, and Volpei complied with that request.\u201d<\/p>\n

\u201cOn May 31, 2001, Gary Auer sent an email to Volpei on another matter, but commented in the email that \u2018by the way,\u2019 he had received two memorandums from Volpei regarding the confidential informant, and had forwarded them on to the Chief Assistant District Attorney Greg Totten, and Michael Schwartz, a Senior Deputy District Attorney.\u201d<\/p>\n

Additionally, the court document states: \u201cVolpei questioned and disputed his supervisors as the propriety and legality of withholding information and manipulating events in the Hell\u2019s Angels case and other cases and the potential that such conduct could be viewed as unethical and criminal.\u201d<\/p>\n

\u201cRather than addressing Volpei\u2019s concerns, his supervisors retaliated against him by revoking his transfer to the Forensic Lab, removing his high-profile homicide cases, and other diminishing his job duties,” Volpei stated in his document.<\/p>\n

Public Guardian’s Office<\/strong><\/p>\n

In addition, the document states that Volpei was ordered to limit his investigation of the Public Guardian\u2019s Office or PGO. During the course of his three-year investigation, Volpei\u2019s found missing client finance files, court-ordered accounting that was left out and hundreds of thousands of dollars were missing, the court documents states.<\/p>\n

He insisted on a comprehensive audit of the estate of the conservatives under the Public Guardian\u2019s control. His recommendations were disregarded and he was ordered to limit his investigation, court documents indicate.<\/p>\n

\u201cVolpei was ordered by D.A. Greg Totten not to investigate the PGO, but to only go after the \u2018low-hanging-fruit\u2019 – that is, only two lower level employees,\u201d the court document states.<\/p>\n

Former Oxnard Police Chief<\/strong><\/p>\n

Volpei alleged in his Case Management Conference Order that former Police Chief John Crombach was allegedly having sexual relations with Michelle Garcia, an alleged female criminal defendant that Crombach\u2019s department investigated for fraud.<\/p>\n

The Garcia case was sent to the district attorney by the Oxnard Police Department for possible prosecution.<\/p>\n

It was assigned to Volpei for further investigative work.<\/p>\n

Volpei maintains that the Garcia case findings along with two other separate and unrelated investigations resulted in cover-ups and threats against him.<\/p>\n

Thefts and Mismanagement<\/strong><\/p>\n

\"Justice<\/a>In 2008, Volpei states that the D.A.\u2019s Office elected to prosecute only low-level defendants for all the thefts and mismanagement of the Public Guardian\u2019s Office.<\/p>\n

Pachowicz represented one of the defendants in the Public Guardian case.<\/a><\/p>\n

\u201cDuring the course of trial preparation, Volpei witnessed County Senior Deputy District Attorney Howard Wise coaching prosecution witnesses with answers he wanted to solicited at trial,” a court document states.<\/p>\n

Pachowicz called Volpei to testify about the \u201cimproper tactics\u201d of Wise, the court document states.<\/p>\n

After testifying, the District Attorney\u2019s Bureau of Investigation\u2019s Assistant Chief Glen Kitzmann and \u201cthe management of the D.A.\u201d were upset with him. Volpei claims he was transferred from the Financial Crimes Unit to oversea the Subpoena Unit, even though he had received training related to\u00a0financial crimes, according to court documents.<\/p>\n

In 2008, Volpei states he sought medical treatment for a shoulder injury. After shoulder surgery, Volpei stated that he tried to return to work. He was aware that others with similar disabilities were accommodated.<\/p>\n

Volpei claims he was forced to quit his job in 2010 after the harassment became unbearable and no accommodations were made for a work-related injury, \u00a0the lawsuit states. He began working with the DA\u2019s office in 1994.<\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

(UPDATED: MAY 26: \u00a0So far, Ventura County has paid the Cerritos-based law firm of Atkinson Andelson Loya Rudd and Romo more than $2.3 million in legal costs for representing the county and…<\/p>\n","protected":false},"author":1,"featured_media":7079,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[7,16,456],"tags":[691,482],"class_list":["post-12167","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-courts","category-home-main-slider","category-video-stories","tag-discrimination","tag-ventura-county-district-attorney"],"yoast_head":"\nCounty Settle Retaliation Lawsuit Against DA<\/title>\n<meta name=\"description\" content=\"County officials decided to settle the retaliation lawsuit against the District Attorney's Office for $750,000\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" 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