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Wednesday, April 06, 2005 | April 5, 2005: “War was declared today by the City Attorney [Mike Aguirre] against the District Attorney [Bonnie Dumanis] after a sneak attack.”

– Dave Stutz, referring to the D.A.’s surprise presentation at the San Diego City Council

Dave Stutz is a former federal agent who was involved in investigating the Yellow Cab and C. Arnholt Smith scandals. Stutz also says, “When all else fails, take away the sheriff’s bullets before he shoots someone.” He asks: “Why is the D.A. going along with the Mayor and the City Council?”

Escondido attorney Barry Newman comments:

“Having attended Tuesday morning’s City Council meeting, I am still in a state of shock at the attack by the city attorney upon the district attorney. As the Foreman Pro Tem of the 1999-2000 Grand Jury, I was at City Hall because I had heard that the D.A. was going to suggest to the City Council that it study the benefits of transferring misdemeanor prosecution responsibilities to the D.A. for those arrested within city limits. This issue had been looked at by several Grand Juries over the years and in each instance had been deemed worthy of further study as being more cost efficient and more effective than the current system.”

“The district attorney made her presentation during the period of ‘Non-Agenda Comment’ and, as is required under the rules, asked that the issue be referred to the city manager for review.”

“No sooner had the Mayor told the D.A. that her time was up, the city attorney – having rushed madly from his office – made the startling and emotion filled accusation that the Brown Act had just been violated, how, I confess I do not know, but apparently it was solely because he, Mr. Aguirre, had not been given advance notice of the presentation and that he opposed the suggestion.”

“I honestly don’t know which troubled me more, Mr. Aguirre’s illogical and irrational rant or the Mayor’s absolute failure to rein him in by ruling him out of order. After all, that is exactly what “Non-Agenda Comment” is all about. It can a) only address a matter of interest not on the agenda and b) no action, other than a referral, can be taken by City Council.”

“That is the Brown Act constraint, and this is what was requested by both the Mayor and the D.A., and what actually occurred.”

“Mr. Aguirre was so blinded by a suggestion that he did not like that he ended up being wrong on the facts and wrong on the law; a terrible position for any lawyer, much less a City Attorney to be in.”

– Voice staff

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