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U.S. to fired air marshal: You should have known better, kid

November 19th, 2009, 6:00 am by Teri Sforza, Register staff writer

airplane(Vote: Should Robert MacLean get his job back?)

The inciting incident came during a bitter tussle between federal air marshals and management - when the government required air marshals to have buzz cuts and wear business suits and hustle past lines at airport security checkpoints. (This essentially screamed to would-be terrorists: AIR MARSHAL! AIM HERE! many air marshals felt.)

It was in the thick of such management-employee conflict that OC air marshal Robert MacLean appeared on NBC news in 2005, in his role as vice president of the air marshals’ professional organization (it’s not a union). That appearance, the agency soon concluded, required prior approval. It launched an investigation. And in the course of that investigation, it asked MacLean if he was a source for an NBC story a few years back, about how air marshals’ overnight missions were to be cancelled to save money on hotel bills (even in the midst of an unprecedented suicide hijacking alert).

It’s, er, a crime to lie to federal investigators.

MacLean was axed from his cop-in-the-sky job and has been fighting to get it back ever since. This big-picture context is part of the closing arguments that have been filed by the federal government (government-closing-arguments) and MacLean (maclean-closing-arguments), nicely summarizing each side’s stance. The judge is expected to make a decision in the coming weeks.

The government’s last word: MacLean’s 14 years of solid service as a Border Patrol agent and air marshal didn’t matter in the end. MacLean knew, or should have known, that information he disclosed to the media in 2003 was sensitive security information, and MacLean’s protestation that he did not know “is not believable,” the Homeland Security Administration says. Read the rest of this entry »

Posted in: Federal government • Justice • Public safety | 27 Comments »

Vote! Should fired air marshal get his job back?

November 19th, 2009, 5:59 am by Teri Sforza, Register staff writer

maclean(Read the latest here)

Robert MacLean of Ladera Ranch was axed from his cop-in-the-sky job after letting the world know about an ill-conceived plan to remove federal air marshals from long distance flights in 2003 - just days after a terrifying suicide hijacking alert. (This to save money on hotel bills.)

There was a huge outcry; the plan was scrapped; and missions went on as per usual. But MacLean was fired for disclosing “sensitive security information” (even though the message wasn’t marked as such, and went to his non-secure cell phone, rather than his secure PDA). Then he was denied whistleblower status. 

His appeal is now pending before a federal administrative law judge. What do you think?

Should Robert MacLean get back his job as a federal air marshal?
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Posted in: Federal government • Justice • Polls • Public safety | 13 Comments »

Fired air marshal can almost taste redemption

November 16th, 2009, 5:00 am by Teri Sforza, Register staff writer

macleanHe’s been warned that judges can be kindly Dr. Jekylls in the courtroom, and terrifying Mr. Hydes when they write their decisions in the quiet of their chambers.

He’s been warned that fired federal employees who fight their terminations get their jobs back less than 5 percent of the time.

But, dang it, for the first time in years, fired federal air marshal Robert MacLean of Ladera Ranch is feeling a little - dare we say it? - optimistic.

It’s not just that the judge who heard his appeal allowed testimony that the government tried to block. And it’s not just that the man who actually did the firing was finally there in the hot seat, admitting that MacLean was a tip-top employee until the single transgression that ruined his career. 

It’s that even if MacLean loses - again! - the truly final arbiters of whether he is hero or villain, of whether he endangered the flying public or helped protect it, are no longer Bush appointees. They are, instead, newly-installed, and far more whistleblower-friendly, Obama appointees. 

airplaneMacLean, you may recall, was axed from his cop-in-the-sky job after letting the world know about an ill-conceived plan to remove federal air marshals from long distance flights in 2003 - just days after a terrifying suicide hijacking alert. (This to save money on hotel bills.) There was a huge outcry; the plan was scrapped; and missions went on as per usual. But MacLean was fired for disclosing “sensitive security information” (even though the message wasn’t marked as such, and went to his non-secure cell phone, rather than his secure PDA). Then he was denied whistleblower status. 

“You folks have raised some interesting issues in this appeal,” Administrative Judge Franklin M. Kang said at the Nov. 5 proceeding - a dramatic “High Noon” face off between MacLean and the guy who fired him. Judge Kang ordered both sides to submit written closing arguments by today; his decision is expected within the next few weeks.

“It was a very compelling vindication for Robert emotionally,” said MacLean’s lawyer, Tom Devine. ”The only agency official who spoke for the DHS couldn’t defend the action to fire Robert, and after a while seemed to accept the facts of life, that they didn’t have any credible explanations for the action. Robert was magnificent as an Everyman trying to do his duty in the midst of hopelessly insane bureaucracy. We had a great time.”

MacLean, who was very nervous through the proceedings, said, “I’m being cautiously optimistic.” Read the rest of this entry »

Posted in: Federal government • Justice • Transportation | 25 Comments »

California’s three strikes law is nation’s toughest, and out of whack, series concludes

November 10th, 2009, 1:10 pm by Teri Sforza, Register staff writer

chemerinskyYou’ve heard that California’s prison system is reeling under the weight of the nation’s toughest Three Strikes law - which its employee union fervently backed, and which has swelled California prisons to their breaking point.

More than 15 years after voters approved it, California’s three strikes law continues to be highly controversial, and its fault lines were recently explored in a three-part series by National Public Radio.

Erwin Chemerinsky (pictured right), dean of UC Irvine’snew law school, is featured in the series. Chemerinsky was the attorney for Leandro Andrade, who was put away for 50 years to life after stealing videotapes from two different Kmart stores. The 9th Circuit Court of Appeals agreed that a sentence of 50 years to life for shoplifting was cruel and unusual punishment; but the Supreme Court overturned that ruling on a 5-to-4 vote, concluding that Andrade’s sentence was not disproportionate because there was still the possibility of parole (though not until he’s 87).

Posted in: Justice • Public safety • State government • watchdog roundup | 26 Comments »

Greed forces local governments to blow $504 million on lawsuits, group says

November 9th, 2009, 5:00 am by Teri Sforza, Register staff writer

ladyjusticeA handful of local governments in California spent more than a half-billion dollars dealing with lawsuits over two years - including $14.2 million spent by the good County of Orange, and $4.4 million by the city of Anaheim, according to a report released by California Citizens Against Lawsuit Abuse.

“Not only are these costs outrageous in their own right, the money spent by Orange County in just one year could have more than paid for both the county’s Domestic Violence program and Emergency Medical Services,” said the group in a prepared statement. “In Anaheim, one year of litigation costs could have maintained 146 acres of park and 105 sports fields for the same year.”

Of the nine counties examined, Orange County had the fourth-highest total spending on lawsuits - much more than similarly-sized San Diego and Santa Clara counties. See charts of totals below.)

Of the eight cities, Anaheim ranked No. 7.

“Orange County is facing severe cuts to vital services and programs like public safety, parks and education,” said Maryann Marino, Southern California Regional Director for the group, in a press release. “Yet we are doing nothing to curb litigation costs, which could actually provide substantial savings to local governments without sacrificing jobs or programs.”

The group acknowledges that some lawsuits are meritorious, but “(g)overnment entities are too often seen as deep pockets, even in today’s tough times, and abusive lawsuits are filed in an attempt for some plaintiffs to get rich quick,” the report says. “With many of these lawsuits being filed on a contingency fee basis, plaintiffs’ attorneys have plenty of motives to file lawsuits in the hopes of a quick settlement or a large verdict.” Read the rest of this entry »

Posted in: Cities • County government • Justice • Schools • Special districts | 13 Comments »

After city bought strip club, it set sights on nearby business, suit alleges

October 29th, 2009, 5:00 am by Lou Ponsi, Staff Writer

By Lou Ponsi and Teri Sforza

tabooThe trouble intensified after the city of La Habra bought the Taboo strip club in 2007, according to the lawsuit.

That’s when La Habra set its sights on the prime property beneath HD Supply - a discount lumber and building warehouse near the Taboo, and the busy intersection of Harbor and Imperial streets. The city slapped the long-time business with citation after citation for violating city codes - all in an attempt to run it out of town, because the city wants to redevelop the property, the suit alleges.

So, shortly after being honored as one of  the city’s 25 top sales-tax producers - and in the midst of recession - HD Supply is packing up and leaving La Habra. Effective Jan. 31. For good.hd-supply

“We have made this decision due to the unwelcome and negative business environment we have experienced during the last several years of our operation,” says a letter from HD to La Habra officials. “Other cities have opened their arms and doors to us and would like our sales tax and revenue dollars as part of their communities. After operating our business for some 21 years, our frustrations and lack of support from the city have forced us to make the decision to close our facility and take our business to a more tax and business friendly environment. Our leaving will result in the loss to the city of sales tax, property tax revenue and also, the loss of some 45 jobs. Our attempts to work with city officials… proved to be impossible.”

Mayor Tom Beamish’s reply doesn’t mince words. “The City has attempted to work with your company to resolve issues related to violations of our municipal code in order to preserve the quality of life in our community,” it says. “It is not our desire for your business to relocate, however, the City has a duty and an obligation to enforce
City codes and ordinances. Read the rest of this entry »

Posted in: Cities • Justice | 29 Comments »

Jury clears sheriff’s deputies in excessive force case

October 27th, 2009, 11:44 am by Tony Saavedra, Register investigative reporter

jailJamie Marie Meissner, an Arizona health professional, has lost her lawsuit accusing Orange County Sheriff’s deputies of excessive force while she was being booked into the jail in March 2007.

Meissner, as Watchdog readers may recall, was questioned by Laguna Beach police for jaywalking and arrested on suspicion of giving false information to a police officer.

Video segments of Meissner’s encounter at the jail, included in a previous blog post, did not appear to show any evidence of abuse at the hands of deputies. Her attorney, Stephen Tornay, said it would probably come down to who the jury believed.

Last week, the jury came down on the side of the sheriff’s department. Read the rest of this entry »

Posted in: Justice • Sheriff's department | 26 Comments »

State Farm sues wrong woman in case of mistaken identity

October 15th, 2009, 5:43 am by Tony Saavedra, Register investigative reporter

state-farmStacy A. Calderon has never been to Fresno — but she’s spent $3,000 in legal fees fighting a lawsuit by State Farm Insurance accusing her of causing a three-car collision in that city.

If she lost, Calderon would end up owing State Farm more than $14,000, for an accident that occurred while she was four hours away at her home in Placentia.

How could this happen? It would seem to be a case of mistaken identity.

Calderon has the same name as a woman at the wheel of a Pontiac Firebird that spun out of control, causing the crash. But that woman has a different address, listed on the California Highway Patrol report. And a differrent phone number, also listed on the police report. And no insurance.

One interesting thing: the driver’s license number listed on the police report belongs to Stacy Calderon of Placentia — it’s not clear how authorities got that number, said CHP Officer Gil Peirsol. Perhaps that portion of the report was filled out later, using the DMV database, Peirsol surmised.

Calderon said she was surprised when State Farm served her with the lawsuit. The day of the 5:15 p.m. crash, she spent the morning working at a Brea dental office and the afternoon taking care of her three children.  She has witnesses, bank statements and other evidence proving that she was in Orange County all day.

So compelling is the evidence that the Department of Motor Vehicles reinstated her driving privileges, which were taken away after the  crash because the driver had no insurance.

But State Farm held steadfast to its suit, forcing Calderon to hire an attorney and counter sue. With the legal bills mounting, both sides seemed locked in a standoff. “We have had to cancel two family vacations and I have had to take on a part-time job to help pay for the lawyer. Not to mention all the time that I have had to put into calling the DMV, the CHP; and the fact that this accident is on my driving record and insurance,” said Calderon.

She was concerned that if the case went to trial, she’d  have to pay travel expenses for a lawyer that she already can’t afford. So she reached out Monday to The Watchdog, who in turn reached out to State Farm spokesman Bob Devereux.

Working from home with a bout of bronchitis, Devereux quickly looked into the matter and assured that State Farm knew of the mixup and had agreed to drop its suit  — with the option to refile later. Calderon, however, said she would not agree to any settlement that left State Farm an open door to come back after her.

So on Tuesday evening attorneys for State Farm and Calderon began hammering out a new agreement. (Funny how things change when you shine some sunlight on them).

Posted in: Consumer stuff • Justice | 54 Comments »

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