Bonnie Russell On: Dumanis’ continued reluctance to prosecute inactive attorney P. Gregory...

Bonnie Dumanis’ continued reluctance to prosecute inactive attorney Patricia Gregory remains a mystery to those aware of Dumanis’ preference for being handed evidence by crime victims. This makes Dumanis’ latest refusal to prosecute an open and shut case against an about to be disbarred attorney, more than a little strange.   

But first, a brief history on internet crime

A decade ago, then San Francisco columnist Reynolds Holding, wrote The State Bar should Crack Down on California Lawyers” in a column featuring one of California’s worst attorneys, Ron Lais.  The column stated State Bar response to client complaints was sluggish at best, considering the bar had ten years worth of complaints regarding the Ron Lais "performed."  Eventually though, the State Bar forced Lais’ resignation, until he paid his now former clients restitution.

Lais promptly filed bankruptcy, which immediately discharged the State Bar’s restitution order.  Lais then promptly incorporated Child Custody Legal Network and continued offering legal services online as an International Child Custody Consultant, (and sued me four times for warning potential victims not to use him).  The Orange County DA charged Lais with double-digit felony counts regarding the Unauthorized Practice of Law online, and Lais went to prison for a while.  (He's now out and touting himself as an International Law Professor on Twitter.) 

But Lais got me thinking as the problem of non-attorneys or former attorneys practicing on-line has increased.  Most recently in San Diego.  But at least there is some good news. 

The first being the State Bar is now acting a little quicker, and the second being an easy solution to prevent the public from being duped online by former attorneys with a cash and moral problem.  More on that later, as the original problem remains.

San Diego’s blind eye to unscrupulous, former attorneys

San Diego North County family law attorney Patricia Gregory is now listed on the State Bar site Ordered Inactive – Not Eligible to Practice Law.”   

The back story is Gregory had dipped her hands into the trust account of her client, Luwain Ng, to the tune of 80k.  Gregory later admitted the money was gone and made arrangements to repay Ng.

Plans went awry. Nine months later Ng had still not been paid in full. Eventually Ng complains to the State Bar.  This prompts Gregory to fire a snarky email to Ng in which Gregory advises she will discontinue interest payments, before ading as if she was somehow a victim,

“If you wanted to punish me you have succeeded.  I am destroyed.  You have a $20,000.00, a ridiculously low legal bill and my obligation to pay $80,000.00.  I have nothing.  Seems a bit unfair, no?  But you did get your revenge.  Hope it was sweet.” 

Gregory’s  website remains active, announcing:  CARLSBAD DIVORCE ATTORNEY representing clients in divorce, custody, support, and domestic violence cases in San Diego County. 

The solution to protect the public from those who practice law on-line who shouldn’t, was well received by the State Bar president after it popped into my head last week.  He suggested I mention it to a State Bar prosecutor, who also seemed to like it.  (The prosecutor's email after our conversation indicated he forwarded my suggestion to the intake office.)

As it now stands, since Patricia Gregory refuses to remove her website from the Internet in spite of the State Bar’s repeated requests, Gregory is likely going to face additional charges.

(Interestingly,  Gregory's legal website remains in full working order - including the claim:  “She currently teaches graduate level courses in Business Law and Ethics”).  However, a second problem slipped to the forefront.

The second problem being District Attorney Bonnie Dumanis' tolerance for white-collar crime

In spite of a request from Patricia Gregory’s former client to charge Gregory, District Attorney Bonnie Dumanis refuses to prosecute.  Or say why she won't.  This is puzzling as the case is very straight-forward.  Gregory admitted to her 80k raid on Ng's account; and Ng provided much in the way of proof along with her request DA Dumanis charge her.  

Sound of crickets chirping.

Calls to the DAs office remain unreturned.

The silence of San Diego's District Attorney is problematic as Bonnie Dumanis has spent an enormous amount of tax payer dollars in an unsuccessful effort to have her perceived stalker tried and convicted for writing what Dumanis considered a threatening letter.  This would be months after declining to prosecute Diana Gonzalez’ husband, after he kidnapped and raped Gonzalez.  After which Diana was found butchered to death in a college bathroom.  (Diana’s husband promptly disappeared).

Additionally, after Dumanis’ alleged stalker was acquitted in Riverside County, Bonnie Dumanis received 24/7 law enforcement security for herself.  She then spent time and energy maneuvering to have the guy prosecuted in federal court at additional taxpayer expense. 

The jury deadlocked.

Unfortunately the public receives no such service from San Diego’s current DA and mayoral candidate for a relatively easy-to-prove, white collar crime.

The solution?

As a preventive measure, until Dumanis brings charges against Patricia Gregory, or her site goes dark, Gregory will be listed on the "Do Not Hire” portion of  Familylawcourts.com.

Meanwhile I just received an invitation to join Bonnie for a day at the races on August 28.  I wonder if I should bet on whether Bonnie answers my questions if I go.

Bonnie Russell Observes: In San Diego's mayoral race the war on women continues...

Turning our attention from the east coast and Congressman Wiener, we attempted to learn how disposable San Diego women might remain based on a question we asked representatives of each mayoral candidate last Thursday.

Specifically, each was asked: "Do you support family court judges using GPS with Victim Notification devices in Family Court?" Representatives were told we would be checking responses over the weekend and publishing on Monday.

At first blush a State Family Court might not seem to be a city council or mayoral problem.  At second blush however, it ties in significantly, since everything begins with San Diego Police; which given the spate of San Diego police officer related sex crime arrests, is a problem.

Keeping in mind the San Diego City Council has mostly been quiet during what appears to be an ongoing police scandal, the inquiry is also timely given the murder rate of women trying to leave relationships.

 In the case of Councilmember DeMaio we left a voice mail.  But we communicated with representatives of each candidate - including Senator Christine Kehoe, who has not yet filed for office, but has formed an exploratory committee.  To each we described the problem just as we had on October 19, 2010, during the public comment section of a City Council meeting.  At that time we alerted the council San Diego women are paying taxes for police services the police refuse to provide when reporting inter-family crimes.  Click here for that video clip.

San Diego women attempting to report physical or sexual attacks from family members expect responding officers to ask if weapons were involved, or to be shown bruises or other forms of evidence.  Instead, officer response is to inquire if the women are going through a divorce or custody battle.

If the response is affirmative, San Diego police will not act.  No reports will be made.  Instead, officers will suggest women go to Family Court and "get a restraining order."  If the crime is against a child, the officers will suggest a request "Supervised visitation" for the attacker.

Since most people are unaware the U.S. Supreme Court ruled in Castle Rock vs. Gonzales, police aren't mandated to enforce Civil restraining orders - and since Family Court is considered a civil court; this is not helpful. 

Separately, police failure to begin the process is what kept a child molester free and molesting for five years while Joyce Murphy repeatedly asked the the police and Family Court for relief.   To no avail.  Eventually Joyce broke down and ran with her daughter.  She was caught and prosecuted by Bonnie Dumanis.  After this news clip aired, however, Joyce's ex husband, who had been awarded full custody, was only arrested after making one mistake.  He molested two girls from intact families, who then told their parents, who immediately called and received police services. 

But prior his mistake, Joyce was enduring a five year "sentence" of supervised visitation by Family Court judge DeAnn Salcido knowing her former husband continued to molest other people's children. With impunity.

Supervised visitation is also problematic

As noted in Line One of the, California Judicial Council Form Number FL341(A) for Supervisd Visitation which clearly states:

"1.  Evidence has been presented in support of a request that the contact with the (Petitioner) or (Respondent) with the children be supervised based on allegations of:  abduction of the child(ren), Physical abuse, Sexual abuse, Domestic violence: etc.,"

this Family Court form decriminalizes crime.  Kidnapping becomes "abduction," battery, is "domestic violence" and sexual molesting, becomes the softer sounding "abuse."  This form keeps cases which should be in criminal court in Family Court.  As the stats reflect, often with deadly results.

The above explains why all mayoral candidates were asked if they supported Family Court judges ordering GPS with Victim Notification as an enhancement to any restraining orders they might make, also necessary as the Family Justice Center's Lt. Lori Lunhow telephoned us last year to inform us the Family Justice Center is not interested in real-time GPS.

Women victims however, are.  Because GPS with real monitoring, (not "tracking") means in real-time,and in time enough for women to vacate the area, a GPS monitoring staff member would notify them ahead of time as soon as the restrained person began to violate the court ordered stay-away distance. That means for the first time,

Technology is available for judges to craft an Effective restraining order.

With this technology women no longer have to remain the sitting ducks they have been. Click on any of the news clips, here.  All devices featured could be used in Family Court if it wasn't for one thing.

Indifference at every level of government

Although each of the devices featured in the news clips could be adapted for family court and greatly reduce family murders, as seen here, the reality is San Diego Family Court judges don't have the same concern for victim litigants requesting their help as victims do with San Diego's Criminal Court judges. Family Court judges refuse to use the technology.

 Responses to our query were as follows:

District Attorney Bonnie Dumanis: No response. No mention of the safety of women, her costly prosecution of Cynthia Sommers or the now dead, Diana Gonzalez. whose husband Dumanis "declined" to prosecute, then refused to explain. Also no mention of her defense of Deputy Lowell Bruce, who shot his wife in the face, killing her. Dumanis petitioned for another judge because she thought the Deputy's judge made a harsh comment about the deputy, a Los Colinas Women's Detention Center guard. Likewise there was no mention of her boycott of two other judges, as reported in the Voice of San Diego.

Assemblyman Nathan Fletcher: No response. Assemblyman Fletcher's representative indicated he was very busy. We advised his representative we had been calling Fletcher's office about this particular issue with family court since before the John Gardner trial. We noted on Sunday Assemblyman Fletcher participated in...

ag Day. We noted his website stresses family values and problem solving. But Fletcher did not respond to our question of last week, or the past two years.

Senator Christine Kehoe: No response. Senator Kehoe's representative informed us the senator was busy in redistricting meetings over the weekend. We advised her representative we had spoken to Senator Kehoe about this when she was in town months ago, including follow up calls.

As long as family court judges continue putting woman at risk, real-time monitoring GPS with victim notification is their only recourse.

 Described as a "legal activist" and founder of Familylawcourts.com, Bonnie's interests range from sailing to civil rights. Bonnie's written for Pacific Sun, boating periodicals, and newspapers throughout the country. Her exposes on fake attorneys and therapists have resulted in prosecutions. Although her main client base includes attorneys, and their clients, Bonnie remains independent. Or as Bonnie offers while smiling sweetly: "I've been biting the hand that feeds me now going on 12 years."

Although local news media has widely reported the arrest of five, long-time veteran San Diego police officers on charges ranging from sexual battery to rape; not reported is the background of Judge Lisa Schall's refusal to issue a permanent restraining order for a thirteen year female San Diego Police officer against her former lover, Sgt. Ken Davis, a 23 year San Diego Police Department veteran, who didn't take the break-up well and threatened to kill her. 

Another wrinkle:

The U.S. Supreme Court has ruled police officers are not mandated to enforce restraining orders.

San Diego police made arrangements for the female officer to hide out in a safe house.  The question is, why should she have to hide?

Background of Judge Lisa Schall

Judge Lisa Schall has been twice disciplined by the California Commission on Judicial Performance.  Once for inappropriately jailing a woman for five days, and once for driving the wrong way on a freeway, after her DUI arrest.

What seems clear is Judge Schall is at best, unfamiliar with Battered Women's Syndrome.  A lack of awareness remains a top-down kind of problem.  Former governor Gray Davis likewise was also uneducated in this area.  It wasn't until Arnold Schwarzengger was voted in in a recall of Davis that BWS was successfully used by defense attorneys in parole matters.

What is unclear is whether Judge Lisa Schall and other judges unaware, has an interest in educating themselves to the reality of Battered Women's Syndrome.

Meanwhile

However, to protect women until judges are educated, attorneys for the female officer should request GPS with Victim Notification.  As long as family court judges continue putting woman at risk, real-time monitoring GPS with victim notification is their only recourse.  Unfortunately, the City of San Diego shows zero interest in protecting half the population.