News Blog
County Officials Try to Duck Testifying in Collins Case
October 11, 2012
In a preliminary hearing already two days in and a long list of witnesses still to be called to the stand, the criminal case against former Monterey County Water Resources Agency director Steve Collins is shaping up slowly, one invoice at a time.
And the defense hasn't even started.
Once prosecutors finish laying out their case and Collins' defense attorney Michael Lawrence (pictured above), brings witnesses to the stand, it will likely still be a trying and tedious process in simply determining who will testify.
Of 10 witnesses Lawrence has subpoenaed, he says the four county officials—County Counsel Charles McKee, Deputy County Counsel Irv Grant, County Supervisor Lou Calcagno and Calcagno's chief of staff Henry Gowin—will be trying to avoid the stand. They've filed motions arguing they were improperly subpoenaed, according to Lawrence.
Other witnesses, who Lawrence expects to appear without debate, include Marina Coast Water District General Manager Jim Heitzman, RMC Principal Lyndel Melton, former MCWRA GM Curtis Weeks, and three representatives of Ocean Mist Farms, attorney Jim Schwefel, President and CEO Ed Boutonnet and VP Dale Huss.
Assistant District Attorney Stephanie Hulsey barely scratched the surface regarding 31 grand theft charges related to billing his former employer, Castroville-based artichoke giant Ocean Mist Farms. In court Thursday, she showed his final invoice for $8,820.14 in May, 2011.
According to Hulsey, $6,334 was for hours never worked, based on line items, such as closed session Board of Supervisors meetings, that either never occurred or that Collins did not attend.




Comments
Hey, oldguy49...OMG...You have hit the nail on the head ...Thank you.. soooooo much....
Collins turned in 116 pages of contracts, e-mails, phone logs, public records and had the Weeks tape which the Judge refused to hear. Why?
Per Charles McKee, in public comment after the Collins shafting, this was about 1st Amendment rights of the Supervisors. Really? Back to Potter, Roger Randall heads up the Seaside Basin Water Master and routinely meets with Dave Potter, one of seven people he appointed to the Water Master Board. Potter was one of the people Collins was suing, is there not a slight conflict of interest that should have at least been disclosed? Was Collins taken advantage of because of his Pro-Se status at the time? Good Lord, the Feds are going to have a field day with this one, hope the $900hour attorney is not too busy, these guys are going to need him.
Hey, olguy49...I think you have it pretty well summed up as far l as this Judge is concerned...I've heard that he still is in charge of the Watermaster Board that meets on a regular basis, and that Potter is still on that Board....Doesn't that smack of a conflict of interest to you as far as his making a ruling for the County...And I would even go so far as to say something like, in my opinion, judicial misconduct....What a pity for someone who has enjoyed such a fine reputation that your son has referenced....
Hey oldguy49...To me an apt description of these guys is "evil incarnate"..They purposefully plotted to destroy the project and in the process, destroy the man, and blame the demise on, Steve..And I don't know why to this day....In the final analysis, Steve's truth will be told. And their unlawful deeds will be exposed...They should have to pay dearly for their conspiratorial. deceitful, plan..As far as I'm concerned,and in my opinion, they should all be thrown in jail....
COMMON LAW: 1. Behavioral: Does the company have the right to control what he does and when he does it? Per Mr. Collins contract, submitted by the DA, Mr. Collins may only work for Ocean Mist Farms unless specific permission to engage with another client is given by Mr. Boutonnet. Mr. Collins was contractually required by Ocean Mist Farms to clear the RMC contract with him, before accepting, which according to Mr. Boutonnet's admitted interview with the DA, he did, and Mr. Boutonnet approved. 2. Financial: Are the business aspects of the workers job controlled by the payer? (per IRS regs, these include things like how is the worker paid, whether expenses are reimbursed, who provides tools, supplies, etc.) Per Mr. Collins contract, submitted as evidence by the DA, Collins was paid a fixed fee of $6,250 per month, with no reporting requirement, for the first 4 years, and then 25 hours per week thereafter, was provided an office at the Ocean Mist Farms facility, computers and supplies all supplied by Ocean Mist Farms and all expenses reimbursed, including his personal auto. Per IRS Reg., regarding pay basis: "If a worker is paid on an hourly, weekly, or monthly basis, the IRS will consider it a sign the worker is an employee. An independent contractor is generally paid by the job, project, assignment, etc., or recoeves a commission or similar fee". 3. Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc)? Will the relationship continue and is the work performed a key aspect of the business? Per Mr. Collins contract, admitted as evidence by the DA, all of Collins employee benefits were to continue and be paid solely by Ocean Mist Farms. Per the contract Mr. Collins was the only person qualified in the organization "to perform these key functions" for the company. Did Ocean Mist Farms file an SS-8 form in 2002 with the IRS to determine a proper classification for Mr. Collins? Apparently not. Per Collins attorney, Mr. Lawrence, the invoices in question to Ocean Mist Farms were not initially required and only when the auditors questioned whether Collins was an employee was he required to submit invoices, and yet he continued to be paid a fixed fee, for 9 12 years. The DA spent $2M of tax payer money reviewing invoices that were photocopied from month to month to allow Ocean Mist Farms to continue to claim Collins was an independent contractor. Good luck with that one with the Federal IRS criminal investigators.
Hey, oldguy49..I find your research about Ocean Mist very compelling...With all of the information you have provided , it is obvious that the only way Steve Collins is going to have his truth be told is by going to the Feds, and the internal revenue Service by extension, I guess...He certainly won't find justice in the Courts in Monterey County...I'm sure he is well aware of that fact.....
Nice Editorial in the Pine Cone this morning from Joe Livernois.
Hi, oldguy49,,,Yes I did enjoy Joe's perspective...And to think those Supervisors will have to swallow the blame for a failed water project???...Tsk..Tsk... After the feds get through with them, the truth will out I would think....
Hi, oldguy49....I can hardly wait for this whole thing to start to play out and for justice to be served and for these bad boys to get what is coming to them if that ever happens...Soooo evil....But the truth will be known, hopefully...Mr Bert will take care of these cases of "Infectious Pernicious Irvgrantitis"...
Hi, oldguy49..Sounds about right...Want to call you attention to the filing that Mike Lawrence, Steve previous attorney, made to Judge Butler regarding the special fund that the BOS had set up for the DA's office to use for the Steve Collin's case...Very illegal, I am told..The Judge ignored this...Google: Hobbs Act: extortion by Force 2404 Under Color of Official Right... The FBI should come down hard on the DA's office if they prove this to be true, and in my opinion, there are some people in this County that should not be practicing law....What a shame....And it's all public money, yours and mine that they have used so wontedly...
Hi, oldguy49...Once again, you are spot on...I, too am on Steve's mailing list and read with interest what he had the opportunity to tell the Court...He has been pooped on by this Court and County and DA's office for well over a year waiting for a time to tell his truth, and now the Feds are very interested in finding out the truth as well...As you put it soooooooo elequently..BOOM..."Hell hath no fury like two women scorned"...And you can throw into that mix the BOS as well...I'm sure they are trying desperately to try and find out who the feds have talked to...Let the games begin...
Hi, oldguy49...Had something else for you to ponder..In as much as the DA's office was so instrumental in putting the screws to Collins and effectively killing the Regional Project, word on the street has it that Stephanie Hulsey plans to run for Flippos job when he retires...She spent four full days of blather telling the Court what a scumbag Collins was without letting him refute a thing or present any evidence of his own, thanks to the Judge..Now, what would it do to her political career if the #995, if it ever gets unsealed by the Judge, if the case is taken away from Hulsey??? Her showcase case would be right out the window wouldn't it?? Oh, wisk away a tear....
Hi, oldguy49...While I'm on my soapbox, another idea just crossed my mind...Remember a long, long time ago when the FPPC asked the DA's office to conduct a criminal "investigation" regarding what rumor had it were some sitting Supervisors, McKee, Grant and Weeks??? The Herald always throws Collins into the mix, but he supposedly supplied them, (FPPC) all the info they requested, so go figure on that one...Well, don't you WONDER how long it takes the DA's office to conduct an "investigation" and if they will ever find any of those people guilty of anything....Maybe the FBI will, including the DA's office...The plot thickens...
Hi, oldguy49...If the Peninsula even begin to entertain a thought about drawing ONE drop of water of water out of these reservoirs, they are out of their cotton picking minds..The AG industry, nor the City of Salinas for that matter, will NEVER let that happen....period...It must be desperation time..And here sits a totally permitted project for the water that is needed...Go figure....As to the comment about the comment to the Court, sounds like a Burt endeavor doesn't it??..The Judge is trying desperately to find someone, anyone other than , Burt , to defend this case in the next 4 to 6 weeks..Bonkers time in Judgeville....Just furious at Burt..Wants him OUT of the picture....No Attorney wants the job..Another whisk away of the tear...
Hi,. oldguy49..That's some Bundt cake...Sources tell me the Feds have talked to the lobbyist who set up the trip to the Masters and he really has his shorts in a tighty whitey, now...Oh whisk away another tear....Darn these high and mighty folks who don't feel compelled to disclose these goodies on their 700s...Do you think the DA's office that was asked by the FPPC to investigate Dave Potter has even bothered to find any of this??? Some investigation..And even if they found it, I doubt seriously that they would do anything about it..What do you think????
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