"Steve Collins Ordered to Pay County's Attorney Fees" by News Blog

News Blog

Steve Collins Ordered to Pay County's Attorney Fees

February 7, 2013

Since resigning his embattled post on the Monterey County Water Resources Agency board of directors, Steve Collins has been waging an uphill battle to clear his name. That battle absorbed yet another blow Feb. 1 when retired Monterey County Superior Court Judge Robert O'Farrell slapped Collins with the county's bill defending itself in his lawsuit against them.

The tab: more than $37,000.

Collins hasn't had steady work as a CPA since allegations came to light about him simultaneously working for RMC Water and Environment, a contractor on the now-defunct Regional Water Project, and serving on the county water agency.

He's pleading not guilty to dozens of criminal charges, mostly related to alleged grand theft from his long-time employer Ocean Mist Farms. As the preliminary hearing for that case proceeded, Collins' private defense attorneys, Michael Lawrence and Juliet Peck, took out two liens against Collins' Salinas home.

After Judge Pamela Butler determined prosecutors had sufficient evidence for a trial to proceed, Collins qualified for a public defender. His attorney, appointed Feb. 6, is San Francisco-based Michael Burt.

"I'm very pleased with this appointment," Collins says. “This gentleman has a wonderful resume.” Burt has more than 30 years of experience as a public defender in California, including in some high-profile local cases such as providing defense support to Jesse Crow, who was accused of murdering his wife and dumping her body in the San Francisco Bay. Crow, from Prunedale, later killed himself while being held in the county jail.

Collins declined to comment on his failure to appear to defend himself against the county's motion to collect attorney fees, but claims he never received a notice to respond.

"I believe the court’s rulings have been appropriate. I believe they’re consistent with the law, I believe they’re consistent with the facts," says attorney Mark Wasser, who represented the county in Collins' lawsuit.

That suit was thrown out after Wasser argued Collins was simply trying to smear county officials, and failed to produce adequate evidence.

In emails Collins forwarded to a number of supporters, he says Wasser scheduled the hearing on attorney fees at a time Collins couldn't physically appear in court, as he was already due to appear in criminal court at the same time.

"I was not present for this matter, so the Judge ruled in favor of the County," Collins wrote. "This is not a huge deal to me, but more emblematic of the larger issue of being 'David' when dealing with Goliath."

Wasser says he was willing to be flexible when it came to scheduling: "I think there was every effort made to accommodate him and for whatever reason he chose not to come."

 I have intentionally kept a low profile for the last couple of weeks, because Collins is doing an excellent job of kicking the County in the crotch and does not need my help. This article, however, raised my blood pressure and I have to say something.
 Collins has been communicating with 300 or so folks in the community offering public documents and items of his own property that show the true nature of this persecution and the absolute lies being told by the County. This one takes the prize for audacious bullshit. Collins distributed an e-mail chain between himself and Wasser, starting on January 25, 2013 when he received a document from the County showing he was required to attend Civil Court on February 1, 2013 at 8:30 A.M. in Dept. 15, Villareal. The problem, he already had an appointment in Dept. 3, Judge Butler the exact same day and time. He reported this to Wasser who, over the course of the next 4 days offered to move the Civil hearing to the 8th of February, the 1st of March, a later time on the 1st of February or "screw you", no movement at all. At one point he notified Collins that he had communicated with the District Attorney and his hearing with Butler had been moved, which proved to be inaccurate. Collins steadfastly told Wasser he would not fail to show up in Butler's Courtroom and the County held a hearing in which he had no ability to attend.
 Wasser's last statement is indicative of the arrogance shown Collins by the County and is a bold face lie, "whatever reason he chose not to come". He was in a Courtroom in Salinas, you dumb bastard, and the sad part is, you were fully aware of that fact.
 As many of you know I am 88 and my son is a retired Jurist. He is as appalled by the County's behavior as I am and I have asked him to forward Collins documents to the State Bar and the Attorney General for review. This behavior is beneath contempt.
 It is about time you got a lawyer out of this County, Mr. Collins, my son tells me Burt is one of the very best and I sincerely hope he moves to recuse the County of Monterey and move this matter to the Attorney General, conspiracy and collusion are crimes and this BOS needs to be held accountable, keep up the good fight and stay strong.

Hi, oldguy49....You are sooooooooooo right....Steve Collins is being screwed by this lousy County and I think the actions you suggest are the correct ones...

 The more I think about this issue, the more irate I become. My son gave me the names of seven cases that he intends to include in his filing with the Attorney General and California State Bar that clearly demonstrate that Collins was abused by the County of Monterey and their Civil attorney in the Civil matter. I will only include several herein due to space, but you get the idea. "Elmore v McCammon (1986) 640 F. Supp. 905" "the right to file a lawsuit pro se is one of the most important rights accorded an individual under the Constitution and laws". "Puckett v Cox, 456 F. 2nd 233 (1972) (6th Cir. USCA) The 6th District held as principle that "it held that a pro se complaint requires a less stringent reading than one drafted by a lawyer, per Justice Black in Conley v Gibson" and pro se litigants are accorded privilege. In B. Platsky v CIA, 953 F. 2d 25, 26, 28 (2nd Cir. 1991) "Court errs if court dismisses pro se litigant without instruction as to how pleadings are deficient and how to repair said pleadings". In other words, the damn Court is supposed to HELP the pro se litigant. Finally, in Sherer v Cullen, 481 F. 2d 946 (1973) "There can be no penalty imposed upon an individual because of his exercise of Constitutional Rights".
 I have followed this Civil trial and am certain that Collins filed when he did only because of State Law which requires a claimant to file suit within six months of his claim being denied or lose the right to sue. The assertion by Wasser is pure horsedung, Collins had no more ability to smear the BOS than I do, and all of the evidence that has been printed lately suggests he was simply telling the truth. The smearing has been done by the BOS. 
 I went to Court records (County Superior Court, Public Index) and big as brass, there is Collins in Court 3 at exactly the time he said he was, February 1, 2013, 8:30 A.M. The e-mail chain between Wasser and Collins also clearly demonstrates that Wasser knew this. What is also clear is that Wasser attempted to intervene on the part of the County and have Collins hearing in Court 3 moved, in legal parlance that is "tampering" and this guy has a problem. My son will do a much better job of pointing out the facts than I have.
 The malice and lack of professional courtesy directed at Collins, by the County is appalling and telling. What is it the County truly fears from this guy? Did anyone see the lie detector test results in the Pine Cone? Why would an attorney like Wasser put his career and law license on the line to so obviously lie about the Collins hearing?
 The County may have overplayed their hand and there is a likelihood that this case will be moved to the Attorney General. If that happens the miscreants have no place to "privilege" and their wicked ways will be exposed. Good luck with that, folks.

Hi oldguy49, you certainly have a total grasp of these miscreants and that their actions are above the law, as was evident in the charade in the so-called Slap-suit case in Court and the "conflicted" Judge they managed to find to preside...Do you realize that that Judge still works with Dave Potter on a Water Board presently?? He didn't declare that conflict at the time of the hearing...Isn't that strange???? So, yes..the move to the Attorney General would be a good idea, me thinks...

Oldguy49, please don't reserve out your text, it's very interesting, but very hard to read.

Hi, oldguy49...I don't know what you mean by "reserving out my text"..But don't take my word for the relationship between Judge Roger Randall and Dave Potter..Just go to Google and look up "Seaside Groundwater Basin Watermaster" and their Board members...Bingo...

 I do not have the slighest idea how to "reserve out my text". I simply type and hit send, so perhaps the fact I am using the oldest computer in the County may have something to do with it? 
 The Herald will not let me respond to them because I do not use the latest version of something, and this old dog is not about to change at this point.
 My son has also reviewed your mail, Granny, and I am shocked (not) that the Judge who reviewed Collins Civil case, after he disappeared from Villareal's Court, is legally "related" to Potter. The County has clearly shown they believe thay are above the Law, at every level, and they play by their own rules.

 I have it now, I should have seen it earlier, so obvious. The County, BOS and the Civil Judge can not be held accountable for their actions. They have the perfect diminished capacity plea, no point in pleading the 5th Amendment, save that for something important. "Pernicious Infectious Irvgrantitis" can be transmitted by simply being in the same area code, cosmically no less, and renders one completely unconscious internally, but one can still maintain bodily function and appears to be quite normal. That is what makes this such a dastardly condition.

Hey, Oldguy49....God help us all with a bunch like this running this County....As I said before, Throw at lest four of them in jail....

 For the half dozen people, or so, reading this post, you most likely are not part of the 300 people Collins sent his e-mail chain from Wasser to. I am not on his list either, but many of the 300 forward it on, and my son gets it, so I get it. Between January 28, 2013 and January 31, 2013 Collins and Wasser communicated 16 times. I believe the press has exact copies of the mails so they can check my accuracy, and so for the interest of space I will paraphrase, but you will get the general idea that Wasser knew precisely what was going on and lied in this interview; that is what chaps my hide.

Jan. 28: Collins, "I am in receipt of the Monterey hearing notification.....I am in Salinas, Judge Butler, Room 3, same time, same day...". Jan. 28: Wasser, "I believe their is a time later in the day", Jan. 28, Collins, "I think that would be OK, let me check with attorney", Jan. 28, Wasser "The County is checking now, we may need to move the matter to Feb. 8", Jan. 28, Collins, "That might be best", Jan. 30, Wasser, "As a result of conflicts, we need to leave the hearing Feb. 1, perhaps you can move your meeting a few minutes", Jan. 30, Collins, "My other meeting is in Courtroom 3, Judge Butler, I am fairly certain I have no ability to move my court date or time.....", Jan. 30, Wasser, "We have decided to move our hearing to March 1, your Friday problem is solved, we will send a new hearing notice", Jan. 30, Collins, "Thank you", Jan. 31, Wasser, "Since your last message I have learned the DA has offered to move your hearing......so we are going to reset the motion to Feb. 1....", Jan. 31, Collins, "This is the first I have heard of this, will contact attorney", Jan. 31, Wasser, "I believe the DA offered to move your hearing yesterday", Jan. 31, Collins, "Mr. Wasser, I have received no such notification from Judge Butler and am still calendared. My attorneys know of no such offer and will be there, as well, .......I accept the offer of March 1 for the new motion date", Jan. 31, Wasser, "We have just been notified by the Court that our motion is being moved to Court 16 (from Villareal) from 8:30 to 9:00.....", Jan. 31, Collins, "I have called the Monterey Courthouse and apprised the Clerk of my situation", Jan. 31, Wasser, "We have been informed that your Court 3 date has been moved, you no longer have a conflict", Jan. 31, Collins, "once again, I have asked my attorneys to look into this, we have no notification of a change in Judge Butler's schedule. Do you have a document that shows this?....", Jan. 31, Wasser, "my source is Jim Eger who says the Butler hearing has been moved", Jan. 31, Collins, subsequent e-mail, "Eger is my attorney and I will be in Court 3, at the appointed time, as will a PD". Is there anyone that can read and verify this information that still thinks the County has absolutely no idea why Collins was not in Monterey on February 1, 2013? At the same time as he was in Salinas? Wasser is the County's lawyer.

 By the way, what the heck is Wasser doing communicating with the DA and Public Defender? Why was it so damn important to the County to have this hearing in front of another Visiting Judge, instead of Villareal, again? Why is Wasser apparently trying to convince Collins he did not need to show up in Judge Butler's Courtroom the morning of Feb. 1? What kind of trouble would Collins have been in if he had missed his Court 3 date?
 Just asking!!!!!!!

Hi, oldguy49....Probably wanted Butler to issue a bench warrant for his arrest...You think??? Seems to me, Wasser is as evil as the people he works for....State Bar really needs to jerk his license to practice....But, remember, he's only following the orders he's given from the Board, that illustrious group of five...

 I have no idea what motivates Wasser, but I suspect you are correct, Wasser is simply the County mouthpiece and McKee has his hand up Wasser's back, pulling his strings. 
 I have been asked by several of my friends to "upload" the entire e-mail strings from Collins and Wasser. If you have never written to the Weekly, in this format, you are restricted to 3,000 characters, seems like a lot but disappears quickly. As an example, my first paragraph is 140.
 I do not have the slightest idea how to upload anything, but the Weekly does have a copy, they are on one of Collins distribution lists, so I am sure they could post it if they chose to.