{"id":2633,"date":"2014-04-30T13:56:29","date_gmt":"2014-04-30T20:56:29","guid":{"rendered":"https:\/\/cjnotebook.com\/?p=2633"},"modified":"2015-08-18T18:03:43","modified_gmt":"2015-08-19T01:03:43","slug":"draft-story-da-investigator","status":"publish","type":"post","link":"https:\/\/cjnotebook.com\/?p=2633","title":{"rendered":"Trial Date Set for a Former Investigator Who Claims the Ventura County DA Retaliated Against Him For Reporting Crimes"},"content":{"rendered":"

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

NotebookVentura@Yahoo.com<\/em><\/strong><\/p>\n

SANTA BARBARA, CALIF<\/strong>. — The trial of \u00a0a 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.<\/p>\n

In a lawsuit, Mark D. Volpei’<\/strong>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.<\/p>\n

Also he alleges that an Oxnard Police Department chief \u00a0was 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 \u00a0investigation that shed light on alleged widespread crimes at a county agency that helps the elderly and disabled.<\/p>\n

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

Wednesday, \u00a0Santa Barbara Superior Court Judge Thomas P. Anderle set Volpei’s trial for Oct. 28.<\/p>\n

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.<\/p>\n

Also named as defendants in Volpei’s lawsuit are\u00a0District Attorney<\/a>\u00a0Greg Totten, the county of Ventura along with current and past employees of the DA’s Office.<\/p>\n

Volpei, who filed his lawsuit in 2011, is also alleging harassment and claims he was discriminated against after suffering a work-related injury. \u00a0After nothing was done to accommodate his injury,Volpei alleges \u00a0he was forced \u00a0to quit his job, according to court papers.<\/p>\n

The defendants through their attorney Mark Palin \u00a0have denied the allegations and asserted 20 affirmative defenses, according to court papers.<\/p>\n

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.<\/p>\n

Attorneys were in court \u00a0for a case management conference, which is basically legal housekeeping before the trial, in a case that Judge Anderle described as “complex” and “interesting.”<\/p>\n

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.<\/p>\n

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. \u00a0Defense 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.<\/p>\n

Attorneys told the judge that they spent an entire day trying to settle this case \u00a0but were unsuccessful, adding that there was very little hope of reaching a settlement in the near future.<\/p>\n

“The court will not raise the issue again because it will be counterproductive,” the judge said.<\/p>\n

Palin declined to comment after the hearing. \u00a0Defense Attorneys Lanny and Terry Tron said this case will probably go to trial because both sides are miles apart in reaching a settlement. \u00a0Terry Tron said she expects the trial to last about two weeks.<\/p>\n

Five Investigators Alleged Discrimination- Retaliation\u00a0<\/strong><\/p>\n

Volpei’s is one of \u00a0five district attorney investigators who filed discrimination and retaliation lawsuits against the District Attorney’s Office.<\/p>\n

One former district attorney investigator Leslie Robertson\u00a0<\/strong>dropped her \u00a0lawsuit, and a court dismissed former district attorney investigator Tammy Schwitzer’s\u00a0<\/strong>\u00a0lawsuit. \u00a0 Another lawsuit \u00a0was tried three years ago and an investigator was awarded $1.3 million as damages for retaliation. \u00a0The trial of another former investigator Joseph Cipollini <\/strong>is pending.<\/p>\n

In that lawsuit, a Santa Barbara jury in 2011 voted unanimously that the DA’s office retaliated against former investigator Robert Velasquez<\/strong> 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.<\/p>\n

The case \u00a0was transferred to the Santa Barbara Courthouse after all the judges in Ventura County recused themselves.<\/p>\n

Volpei’s Lawsuit and His Allegations of Crimes, Coverups and Misconduct at DA’s Office<\/strong><\/p>\n

In his lawsuit, Volpei\u00a0<\/strong>\u00a0maintains 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.<\/p>\n

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.<\/p>\n

“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.<\/p>\n

In addition, Volpei alleges that in 2007 \u00a0the 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. \u00a0He stated in court documents that his superiors refused to give this alleged exculpatory evidence to the female defendant’s lawyer.<\/p>\n

“Defendants ordered Volpei not to produce his police reports detailing the relationship to anyone,” Volpei alleges in court papers.<\/p>\n

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.<\/p>\n

Volpei claims that he learned of the “misappropriation and mismanagement” of funds and assets by employees of that agency.<\/p>\n

“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.<\/p>\n

He\u00a0maintains\u00a0he was ordered to limit his investigation to those employees at the lowest level of management.<\/p>\n

“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.”<\/p>\n

The Velasquez and other lawsuits<\/strong><\/p>\n

Velasquez said in his suit that the District Attorney’s Office retaliated against him after he gave \u00a0testimony in a civil deposition involving \u00a0the Schweitzer and Robertson discrimination lawsuits filed against the district attorney. \u00a0He said he was bullied into retirement by management for answering a subpoena and testifying in the discrimination lawsuits of investigators Schweitzer<\/strong> and\u00a0Robertson<\/strong> in 2008.<\/p>\n

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.<\/p>\n

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.<\/p>\n

Schweitzer’s lawsuit was later dismissed, and Robertson dropped her suit.<\/p>\n

DA Greg Totten’s Testimony at Velasquez’s 2011 Trial<\/strong><\/p>\n

In 2011, Greg Totten testified in Velasquez’s trial, saying that he never\u00a0read any depositions in any of the lawsuits because he is very busy and he delegates this responsibility to others in his office.<\/p>\n

He said he’s known Velasquez for 25 years and that he was a hard worker \u2014 a “bulldog” \u2014 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.<\/p>\n

But Velasquez also had weaknesses, including failing to file administrative and employee job performance reports, Totten said.<\/p>\n

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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

But the county decided to switch lawyers; they fired Wisotsky and hired Palin’s law firm.<\/p>\n

Investigator Joseph Cipollini Retaliation Allegations of Intolerable Working Conditions.<\/strong><\/p>\n

Joseph Cipollini also testified in the Schwitzer and Robertson cases, and alleges that shortly afterwards, he was harassed and had his job responsibilities \u00a0diluted, 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.<\/p>\n

Cipollini like the other plaintiffs said the harassment was too much and he was forced to quit.<\/p>\n

The District Attorney and the county through its lawyers have denied Cipollini’s allegations.<\/p>\n

Wednesday, Palin told Judge Anderle that he’ll file a summary judgment to try and get Cipollini’s lawsuit tossed out of court because \u00a0there is no legal basis supporting Cipollini’s \u00a0allegations.<\/p>\n

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

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