"Judge Blocks Steve Collins' Defense" by News Blog

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Judge Blocks Steve Collins' Defense

November 1, 2012

Former Monterey County Water Resources Agency Director Steve Collins is running out of avenues to make the case that he wasn't the only one in the $160,000 side deal he had with RMC Water and Environment.

Monterey County Superior Court Judge Pamela Butler ruled Thursday afternoon that Collins' defense attorney, Michael Lawrence of Lawrence & Peck, cannot call witness to make the case that multiple parties representing Regional Desalination Project partners were pressuring Collins to take the actions he did.

"I do appreciate the argument presented," Butler said. "It simply is not a defense."

This is in the course of a preliminary hearing, in which Butler will decide whether there’s enough evidence to proceed with a trial.

Much of Assistant District Attorney Stephanie Hulsey’s case so far also shows multiple officials were aware of the Collins-RMC deal early on, it's not clear that Lawrence has any way to spin that information to his client's benefit.

"At the present time I can't think of any area the court has left me to present evidence on," Lawrence said.

In a hearing last week, Butler ruled Lawrence could not call witness to the stand to support the planned defense argument that Collins was entrapped by other officials. Today, she rules similarly on another defense angle, "alignment of interest," in which Lawrence sought to prove that multiple parties—not just Collins—stood to gain from the Regional Desal Project approval.

Hulsey argued there was no legal precedent for such a defense, and Butler agreed.

 This is simply wrong on so many levels, why even bother to have a preliminary hearing if the Judge has already made up her mind to deny Collins the ability to call witnesses? The only way you are going to see justice in this case, Mr. Collins, is to bring in the Feds. and press this case as a County conspiracy. To deny you the ability (Constitutional Right) to question your accusers is so flawed. The evidence you possessed in your Civil case was overwhelming and now you are being dispossesed of your rights here.
 I assume you still have the ability to call witnesses other than the Irvgrantitis inflicted County officials? Lou Calcagno, Charles McKee and Irv Grant have simply dodged a bullet for another day. I know you must be following the advise of your attorney's but until you press this at a higher level you will not see justice in Monterey County.

 Collins new attorney's filed a 995 Motion today that seeks a complete Dismissal of Charges, and a hearing in front of a new Judge. County of Monterey, get ready, this new guy is not going to fool around and the Attorney General, will get this case, in the very near future, good luck with that one.

 Well, well, well, the County of Monterey has screwed Collins every legal way you possibly can and now his new attorney is moving for dismissal, recusal of the Judge, most likely a move to a new jurisdiction (State Attorney General) and at least two sitting Supervisors, plus senior staff are being investigated by the Federal Government for conspiracy, fraud and corruption charges. My son has a great deal of experience dealing with Federal investigations and once the hook is set, they are tenatious. 
 This is such a stupid case and so unnecessary, but the County needed a "fallguy" to kill the Regional Project. Has anyone actually ever bothered to look at the charges filed against Collins? Two counts of conflict, for supporting two contracts he was asked to help write by the County BOS, and missing several meetings in May, 2011, with Calcagno and Potter that he allegedly billed Ocean Mist for, while on a monthly retainer. Why was this any business of the BOS? These are the same two miscreants being investigated by the Feds for fraud, can anyone guess why the County does not want these two Sups on the stand? Can you imagine the interview questions the Feds will have for Weeks, McKee and Grant?
 My son tells me that the most likely outcome for all of this is a quiet settlement with "confidentiality agreements" everywhere. Unfortunate from an entertainment standpoint, but smart for the County, Collins and a new water project.

 Been awfully quiet out there on this case, my guess is this is the calm before the storm. I am salivating over waiting for the detail 995 filing.

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