Still no critical answers from the Palo Alto IPA

On 4/15/08, Restorative Justice <litigation.in.pro.per@gmail.com> wrote:

> Mr. Miller and Gennaco of the Office of the IPA and Chief Deputy
> Attorneys:
>
>
> Re: Palo Alto Police Auditor Final Report for 2006/2007
> **
>
> - Complaint of officer Reckless Driving - #C-2007-001
>
>
> *Please explain the appearance of a "double standard" for police vs non-
> police involved in substantiated "Reckless Driving" and your concurrence
> of no further disciplinary actions other than a written warning (i.e.
> termination of employment) in light of California Vehicle Code(s) and the US
> Department of Justice as sited below.*
>
>
>
> http://en.wikipedia.org/wiki/Reckless_driving#California
>
>
> - California Vehicle Code§ 23103.5: Wet Reckless or Reckless Driving
> Involving Alcohol(Priorable as a California DUI)
>
> *(a) Any person who drives any vehicle upon a highway in willful or wanton
> disregard for the safety of persons or property is guilty of reckless
> driving.*
>
> (b) Any person who drives any vehicle in any offstreet parking facility, as
> defined in subdivision (c) *of Section 12500, in willful or wanton
> disregard for the safety of persons or property is guilty of reckless
> driving.*
>
> (c) Persons convicted of the offense of reckless driving shall be *punished
> by imprisonment in a county jail for not less than five days nor more than
> 90 days or by a fine *of not less than one hundred forty-five dollars
> ($145) nor more than one thousand dollars ($1,000), or by both that fine and
> imprisonment, except as provided in Section 23104. Amended Sec. 19, Ch. 739,
> Stats. 2001. Effective January 1, 2002.
>
> Reckless Driving: Bodily Injury Vehicle Code 23104
>
> *(a) Except as provided in subdivision (b), whenever reckless driving of a
> vehicle proximately causes bodily injury to any person other than the
> driver, the person driving the vehicle shall, upon conviction thereof, be
> punished by imprisonment in the county jail for not less than 30 days nor
> more than six months or by a fine of not less than two hundred twenty
> dollars ($220) nor more than one thousand dollars ($1,000), or by both the
> fine and imprisonment.*
>
> (b) Any person convicted of reckless driving which proximately causes great
> bodily injury, as defined in Section 12022.7 of the Penal Code, to any
> person other than the driver, who previously has been convicted of a
> violation of Section 23103, 23104, 23109, 23152, or 23153, shall be punished
> by imprisonment in the state prison, by imprisonment in the county jail for
> not less than 30 days nor more than six months or by a fine of not less than
> two hundred twenty dollars ($220) nor more than one thousand dollars
> ($1,000) or by both the fine and imprisonment. Amended Ch. 216, Stats. 1984.
> Effective January 1, 1985.
>
> - *Deprivation of Rights Under Color of Law*<http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000242----000-.html>,
> 18 U.S.C. § 242. This provision makes it a crime for a person acting under
> color of any law to willfully deprive a person of a right or privilege
> protected by the Constitution or laws of the United States.
>
> For the purpose of Section 242, acts under "color of law" include acts not
> only done by federal, state, or local officials within the their lawful
> authority, but also acts done beyond the bounds of that official's lawful
> authority, if the acts are done while the official is purporting to or
> pretending to act in the performance of his/her official duties.
>
> *Persons acting under color of law within the meaning of this statute
> include police officers*, prisons guards and other law enforcement
> officials, as well as judges, care providers in public health facilities,
> and others who are acting as public officials. It is not necessary that the
> crime be motivated by animus toward the race, color, religion, sex,
> handicap, familial status or national origin of the victim.
>
> The offense is punishable by a range of imprisonment up to a life term, or
> the death penalty, depending upon the circumstances of the crime, and the
> resulting injury, if any.
>
>
> Mark
>
>
> --
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>
>
> "Each success only buys an admission ticket to a more difficult problem".
>
> -Henry Kissinger, 1923 -
>
>

-- 
NOTICE:
This email message and/or its attachments may contain information that is
confidential or restricted. It is intended only for the individuals named as
recipients in the message . This entire message constitutes a privileged and
confidential communication pursuant to California Evidence Code Section 952
and California Code of Civil Procedure Section 2018. If you are NOT an
authorized recipient, you are prohibited from using, delivering,
distributing, printing, copying, or disclosing the message or content to
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this message in error, please notify the sender by return email.


"Each success only buys an admission ticket to a more difficult problem".

-Henry Kissinger, 1923 -