Saturday, December 22, 2012

The defamation lawsuit by CVESD lawyers Stutz Artiano Shinoff & Holtz continues--and it keeps getting more interesting

Judge Judith Hayes, CVESD lawyers and the US Constitution

See the June 21, 2012 court transcript. Amazing!

See July 27, 2012 hearing transcript in Stutz v. Larkins.

See all posts regarding Stutz v. Larkins.

Judge Judith Hayes

Judith Hayes, the judge in Stutz Artiano Shinoff & Holtz' defamation lawsuit against this blogger, seems to have no interest at all in being guided by the August 5,2012 decision of the Court of Appeal in the case.

She was told that her Dec. 11, 2009 injunction was "exceedingly broad" and a violation of the Constitution. So what did she do? She simply took a narrower injunction and INTERPRETED in a way that functions exactly like the illegal injunction. Court transcripts show that she told me she wasn't going to give me permission to say "anything"!

On July 27, 2012, she struck my Answer that was filed in 2007.

I objected, as can be seen in the court transcript of the July 27 hearing.

Friday, December 07, 2012

Were CVESD and Chula Vista Educators negligent in Kinloch child molestation case?

It seems that CVESD and California Teachers Association were more interested in protecting powerful teachers than in conducting serious investigations of extremely urgent allegations. When a teacher was accused of being likely to "come to school and shoot everybody," the district never did an investigation, and the teachers union never insisted on an investigation.

I recall listening to former Chula Vista Educators grievance chair Frank Luzzaro a few years ago complaining that the district had placed a male teacher on administrative leave due to unproven allegations of child abuse.

John Raymond Kinloch might been that teacher--unless perhaps there were TWO suspected child molesters at CVESD at the same time!

It seems to me that it was around 2003 or 2004, but the District Attorney's office says a child at Feaster was molested in 2004 or 2005. It seems we're both zeroing in on the same time period. Obviously, the school district knows exactly when the teacher was placed on administrative leave, and it knows if the teacher was John Raymond Kinloch.

CVESD HAS LONG HAD A CULTURE OF SECRECY AND CRONYISM

Superintendent Lowell Billings, Asst. Supt. for Human Resources Richard Werlin, and Asst. Supt. Dennis Doyle were in charge when the critical events occurred in the Kinloch case and in other cases in CVESD covered-up wrongful actions and falsified and concealed various documents.

Asst. Supt. Maria Guasp and Superintendent Libia Gil seemed to rubber-stamp whatever the three men decided on. Libia Gil chose covering-up events rather than investigating serious allegations.

Rick Werlin claimed to have "lost" all his notes about a teacher who was accused of being likely to come to school and "shoot everybody." CVESD's lawyer, Dan Shinoff, says he lost about half of the documents he collected at Castle Park Elementary. He lost a few pages here and a few pages there from a single set of about 87 documents. Here are some of the documents that were produced. Those missing pages about a possible mass shooting at Castle Park Elementary would be very interesting to see!

Chula Vista Educators, particularly Jim Groth, who is now on the Board of Directors of CTA, also seemed to support district decisions, especially when the goal was to conceal crimes by teachers who were favored by the administration. (Of course, it was different when one of Jim's pals got in trouble. CVE paid $17,000 in legal fees to contest a district decision to dock Frank Luzzaro one day's pay.)

A 1998 San Diego Reader story revealed Kinloch's connection to an English child pornographer, and Kinloch's admitted attraction to young boys.

An important part of this picture is the fact that California Teachers Association is quite reliable in protecting child molesters such as Albert Truitt.

Obviously, Mr. Kinloch was not fired. CVESD and CVE have a bad habit of protecting the guilty. Perhaps CVESD and CVE don't like effective investigations because facts might interfere with their political goals.

DEPOSITIONS PROVED THE TRUTH

At the same time that it flubbed the Kinloch investigation, CVESD administrators, with the approval of CVE's Jim Groth and other CVE officials, flat-out refused to investigate anonymous allegations against another teacher. Depositions later proved that the allegations against the "dangerous" teacher were false, but that teacher had already been fired. Depositions also proved that teachers who made the anonymous accusations were covering up their own crimes!

THE CASTLE PARK FIVE

The district then realized too late that the accusers, who called themselves "The Castle Park Family," had become out of control. The "Castle Park Five" were prominent members of the Family. The Family felt that it, not the administration, should be in charge. They can't be blamed for thinking this since they had successfully demanded that CTA and the district help them by violating longstanding policies as well as the law, to defend Family members in court. The district spent $100,000s of taxpayer dollars on lawyers to conceal the truth.

Coincidentally, both Frank Luzzaro and his wife work for the Reader, which had profiled John Raymond Kinloch in 1998 as a child pornographer. I have noticed that the Reader avoids delving into problems at CVESD. I have provided information directly to Frank Luzzaro and the Reader, but neither has expressed any interest.


Longtime CVESD board member Pamela Smith
Longtime CVESD board member Larry Cunningham

The school board in 2004 consisted of Pamela Smith, Larry Cunningham, Cheryl Cox, Patrick Judd (who was successfully sued for sexual harassment by a female principal) and Bertha Lopez. All five of these individuals supported the hiring and firing tactics of the administrators named above.









Arraignment for suspect in child porn and molestation case
CBS8.com
Dec 06, 2012

CHULA VISTA (CNS) - A South Bay elementary school teacher accused of molesting a student and possessing child pornography to get boys to expose themselves online is scheduled to be arraigned Friday.

John Raymond Kinloch, a first-grade teacher at Wolf Canyon Elementary in Chula Vista, was initially arrested last Friday after agents with the San Diego Internet Crimes Against Children Task Force served a search warrant at his home. He was released on bail that evening.

Authorities began looking into the online activities of Kinloch based on tips received by the National Center for Missing and Exploited Children, said San Diego police sex-crimes Lt. Anastasia Smith.

The investigation allegedly showed that the 41-year-old Kinloch, while posing as a girl on a website called "MeetMe," had persuaded boys to disrobe during live one-on-one webcam interactions, according to Smith.

Kinloch, a San Ysidro resident, was re-arrested Wednesday on suspicion of 11 counts of committing lewd and lascivious acts on a child under age 14 after the alleged victim came forward, according to San Diego police.

The accusations involve sexual contact that allegedly occurred several years ago, when Kinloch was teaching at Feaster Charter School in Chula Vista, Smith said.

The defendant was being held in lieu of $1.15 million bail pending arraignment.



Teacher facing porn charges arrested in molestation
Pauline Repard
UTSD
Dec. 6, 2012

CHULA VISTA — A Chula Vista elementary school teacher arrested last week on suspicion of child pornography is facing new charges alleging he molested a student several years ago, authorities said Thursday.

John Raymond Kinloch, 41, was jailed Wednesday on 11 counts of lewd and lascivious acts on a child under the age of 14, and one count of an attempted lewd and lascivious act on a child age 14 or 15.

His bail is set at $1.1 million, jail records show.

“This is a case many years delayed in reporting,” said San Diego police Lt. Anastasia Smith. “It appears this victim was previously a student of his.”

She said the student attended Feaster Charter School. Kinloch taught there from 2000 to 2009, then transferred to Wolf Canyon Elementary School, where he was teaching first grade, school district officials said.

Kinloch has been placed on administrative leave, district spokesman Anthony Millican said.

“This new case raises the question of whether there are other students involved,” Millican said Thursday.

Kinloch was investigated by the Internet Crimes Against Children Task Force for allegedly posing online as a girl and soliciting young boys to send him pictures of themselves naked, Smith said. The task force is a joint effort by federal, state and local law enforcement agencies.

Federal authorities arrested Kinloch on Friday on suspicion of possessing child pornography, using a minor in an obscene manner and luring a minor for a sexual offense. He was booked into jail, then released on bail. Authorities said earlier in the week that no Chula Vista students were involved in the pornography.

On Wednesday, a former student reported being molested, and Kinloch was arrested about 9 p.m. as he was leaving his South Bay home.

“Our hearts go out to the child,” Chula Vista Superintendent Francisco Escobedo said Thursday in a statement. “The allegations raised in the charges against Kinloch are appalling. For a teacher to betray a child in this manner is very upsetting. We are very dismayed by this.”

School district officials were upset that a federal background check on Kinloch when he was hired failed to turn up his connection to a 1998 child pornography case in England.

Millican said the San Diego Reader published a story in June 1998 that said Kinloch, then a San Diego State University student, went to England to testify in the criminal trial of a college student accused in trafficking in child pornography. That student’s files contained information that led investigators to Kinloch, and he was offered immunity by the U.S. Attorney’s Office in San Diego to testify, the Reader reported. He testified during the trial that he was attracted to young boys, the Reader said.

The district is investigating how the past case was not flagged during Kinloch’s background check and plans to work with the state’s Teachers Credentialing Commission on how to improve the process.

Photo: December 13, 2006 , Chula Vista,- Second grade teacher John Kinloch at the Feaster Edison Charter School in Chula Vista. — John Gibbinsng Commission on how to improve the process.



Teacher accused of child porn, molesting a student in court: John Kinloch pleads not guilty 10 News 12/07/2012

CHULA VISTA, Calif. - A South Bay elementary school teacher accused of repeatedly molesting a former student and possessing child pornography to get boys to expose themselves online pleaded not guilty Friday to 20 charges, including 18 counts of child molest.

John Raymond Kinloch, 41, was ordered held on $1.9 million bail.

Kinloch, a first-grade teacher at Wolf Canyon Elementary in Chula Vista, initially was arrested last Friday after agents with the San Diego Internet Crimes Against Children Task Force served a search warrant at his home. He was released on bail that evening.

Authorities began looking into the online activities of Kinloch based on tips received by the National Center for Missing and Exploited Children, San Diego police sex crimes Lt. Anastasia Smith said...

The accusations involve sexual contact that allegedly occurred when Kinloch was teaching at Feaster Charter School in Chula Vista, Smith said.

Deputy District Attorney Enrique Camarena told reporters that the first alleged molestation happened around 2004 or 2005, when the student was about 8 or 9 years old.

Camarena said the alleged victim, a boy, had a close relationship with Kinloch, both inside and outside the school.

Some of the molestations occurred on school grounds, the prosecutor alleged.

Besides the child molest charges, Kinloch is charged with one count of attempted child molest of a person 14 or 15 years old and one count of possession of child pornography. The named victim is not the subject of the child pornography charge, Camarena said.

Kinloch faces 43 years and six months in prison if convicted.

"When a teacher commits a crime, especially of this nature on school grounds that is about the most extreme violation we can have," Camarena said.

Defense attorney Dan Greene told South Bay Judge Katherine Bacal that Kinloch had no prior record and had a master's degree, without being specific...

The attorney said community members have come forward to praise Kinloch as a great person and educator...

[Maura Larkins comment: I've noticed that people often say that teachers and parents know who the good teachers are. In fact, they don't. Effective evaluations are needed, but many principals don't bother doing observations, and simply rely on school politics to decide who's good and who's bad.] 10News reporter Michael Chen asked, "If he's attracted to young boys, why did he petition to be a teacher?"

Greene answered, "I can't [answer] that for you right now ... It's unfair to rush to judgment before going through due process."

School district officials said they were upset that a federal background check on Kinloch failed to turn up his connection to a child pornography case in England in 1998.

District spokesman Anthony Millican said the San Diego Reader published a story in June 1998 that said Kinloch, then a San Diego State student, testified in the trial of a fellow college student accused in child pornography trafficking.

Kinloch was granted immunity and testified that he was attracted to young boys, the Reader reported...

See also: Darren Chaker, in violation of the conditions of his release from federal prison, stalks Maura Larkins and impersonates Scott McMillan, the lawyer who beat him in the Mateo case. 


Wednesday, December 05, 2012

CVESD hired a teacher profiled in the Reader as a child pornographer

CVESD is still getting fallout from Rick Werlin's years as Assistant Superintendent of Human Resources.

Officials claim to be angry that they did not know in 2000 about John Raymond Kinloch's involvement in a 1998 child pornography case that was described in the San Diego Reader. Kinloch was recently arrested for child pornography.

But the truth is that current Superintendent Francisco Escobedo is pals with Rick Werlin, the Assistant Superintendent of Human Resources responsible for hiring Mr. Kinloch, and Maria Guasp, who helped Mr. Werlin implement his policy of concealing the truth about teachers who committed crimes.

When Mr. Werlin was running Human Resources, Board Members Pamela Smith and Larry Cunningham were more than willing to allow Mr. Werlin to ignore the law. Then they managed to quash subpoenas to testify about their actions. They supported a criminal cover-up of the actions of administrators, union leaders and Castle Park teachers.

The district managed to unload Werlin, and when West Contra Costa County asked for information about Werlin, CVESD didn't breathe a word about the $100,000s in legal expenses that Werlin incurred. One wonders how much CVESD officials actually care about children.

CVESD seems to have more than its share of child pornographers. October, a
another CVESD teacher was arrested for child porn.

See all Francisco Escobedo posts.

Chula Vista teacher arrested in child porn case
By Pauline Repard and Susan Shroder
UTSD
Dec. 5, 2012

...Chula Vista Elementary School District officials are angry that they did not know about the case when they hired John Raymond Kinloch in 2000, spokesman Anthony Millican said.

Kinloch, 41, was taken into custody Friday following an investigation by the Internet Crimes Against Children Task Force. He was booked into jail on counts of possession of child pornography, using a minor in an obscene manner and luring a minor for a sex offense, according to the jail website.

The charges do not involve students in Kinloch’s class or in the district, Millican said.

He said Kinloch has taught at Wolf Canyon Elementary School since 2009 and was currently teaching first grade. Kinloch previously taught at Feaster Charter School.

He is on administrative leave and will not be on campus while the legal proceedings continue, Millican said.

Millican said the San Diego Reader published a story in June 1998 that said Kinloch, then a San Diego State student, was going to England to testify in the criminal trial of Christopher Wrigley, a college student accused in trafficking in child pornography. Wrigley’s files contained information that led investigators to Kinloch, and he was offered immunity by federal officials in the United States and England to testify, the Reader reported. He testified during the trial that he exchanged pornographic images of young boys with Wrigley, according to the Birmingham Post & Mail, a British newspaper.

Debra McLaren, principal at Wolf Elementary, sent a letter to parents Friday informing them of the arrest...