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Former Chula Vista Aide Seeks To Undo Plea Deal Over Dumanis Call

Aired 5/20/14 on KPBS News.

Former Chula Vista Mayor states in a sworn declaration that District Attorney Bonnie Dumanis asked him in phone call to appoint her aide to a vacant City Council seat.

An aide to former Chula Vista Mayor Steve Padilla wants a court to set aside his misdemeanor guilty plea he said he wouldn’t have made if he’d known about a call District Attorney Bonnie Dumanis reportedly made to his boss back in 2005.

The District Attorney’s Office charged Jason Moore with five counts of felony perjury in 2006. Moore was found snooping at an event for his boss’s political opponent during work hours. Moore was accused of lying to a grand jury about when he turned in a slip at work to take the time off. Testimony by another witness before the grand jury was that Moore was not required to submit a slip, according to court papers.

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Moore later pleaded guilty to a misdemeanor. Now he wants that conviction overturned.

Moore's lawyer, Knut Johnson, said he would have advised against that guilty plea if he had known that District Attorney Dumanis had called Moore’s boss, Padilla, months earlier.

In a sworn declaration, Padilla said Dumanis asked him to appoint her aide Jesse Navarro to a vacant city council position. Padilla said he turned her down. Within weeks of the refusal, Dumanis opened investigations into Chula Vista city officials.

Johnson says the call was “a critical piece of information” because an impartial prosecutor is an essential feature of Moore’s right to a fair trial.

“Prosecution by someone with conflicting loyalties calls into question the objectivity of those charged with bringing a defendant to judgment,” Johnson wrote in court papers. “It is a fundamental premise of our society that the state wield its formidable law enforcement powers in a rigorously disinterested fashion.”

The DA's office said it could not comment on the case because it's pending litigation.

Comments

Avatar for user 'RCPhill808'

RCPhill808 | May 20, 2014 at 7:10 a.m. ― 7 months, 1 week ago

The DA's Office "could not," or "would not," comment? And what "pending litigation" is she talking about? The only thing pending is the primary elections of June 3rd. Dumanis refuses to admit or deny even making this phone call to Mayor Padilla. That's obviously because Dumanis knows that if the public knew the truth--i.e., that she is a vindictive politician who abuses the power of the DA's Office to seek out retribution against those who don't do as they're told--she'll have to be looking for other employment shortly. Well, I think the public already knows the truth.

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Avatar for user 'Prosecutor'

Prosecutor | May 20, 2014 at 7:17 a.m. ― 7 months, 1 week ago

All Dumanis has to do to prove that she acted ethically and legally in the Padilla/Castaneda deal is to release the e-mails and other related documents that KPBS has requested. That she continues, now for months, to withold those documents is a clear indication that she is culpable. Clearly she is holding her breath, hoping that she can get past June 3, before she is found out. The problem for her is that the voters have figured her out.

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Avatar for user 'MaraAllard'

MaraAllard | May 20, 2014 at 7:59 a.m. ― 7 months, 1 week ago

During the KPBS roundtable forum she was asked if she made the call to Mayor Padilla and did not deny making the call. That's an admission.

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Avatar for user 'Missionaccomplished'

Missionaccomplished | May 20, 2014 at 8:42 a.m. ― 7 months, 1 week ago

Dumbanis was on the roundtable forum?

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