Sweetwater Activist Cleared of Allegations Made by Boardmember

Occupy Sweetwater Activist Cleared of Allegations Made by Boardmember
By Susan Luzzaro
San Diego Reader
May 10, 2012

For weeks, activist Stewart Payne has had headlines written that pertain to him: “Violent Threats By Occupy Sweetwater Result in Restraining Order” (San Diego Rostra), “Keep Payne Away” (The Star News), and “Court Protects Sweetwater Board Member” (U-T San Diego).

All of this because, on the night of April 16, before a meeting of the Sweetwater Union High School District, Payne and the group Occupy Sweetwater initiated a recall petition against boardmember John McCann and two other trustees.

After the meeting, words were exchanged in the parking lot, and McCann called the police to report Payne had physically threatened him. (Payne had gone home before McCann made the call to police.)

McCann subsequently received a temporary restraining order against Payne and sought a permanent one. On May 9, judge Ana Espana determined that Payne had not threatened McCann and denied the injunction.

Aside from why certain media outlets seemed to mischaracterize Payne's role in the incident, other questions remain. Should the temporary restraining order ever have been issued? And why were inconsistencies in the police report — which became crucial during the hearing — overlooked?

Here are the details of what happened: After the April 16 board meeting, McCann gave an interview with KUSI. During the interview, McCann criticized the people who went to the San Diego district attorney — Payne among them — alleging corruption in the Sweetwater district. McCann characterized the activists as “disgruntled employees” and during the interview said Payne was someone who had been looking for work in the school system.

After the interview, according to the police incident report, “McCann made his way over to Stewart Payne and extended his hand to Payne. McCann stated he wanted to use this as a gesture that there were no hard feelings and as a way to hopefully resolve the tension between the two.”

In a May 9 interview, Payne reasoned with McCann's statement and actions, saying, “Why would you throw me under the bus on camera and then try to come shake my hand? It doesn’t make sense.” Payne said the hearing that resulted in the judgment in his favor centered on inconsistencies in the police report and a follow-up investigation report.

A follow-up investigation, during which Chula Vista police detective Michael Varga interviewed McCann, states, “Payne then raised his balled and clenched fist in preparation to strike McCann.”

However, Varga’s follow-up report with security guard Jorge Sanchez states, “I asked Sanchez about Payne’s physical posture…. Sanchez stated that Payne had one hand extended, and one finger of that hand extended, into McCann’s face…. I asked Sanchez if Payne’s hands were balled into a fist, or if Payne was in any type of fighting stance. Sanchez did not see Payne’s hands balled into a fist and did not recall seeing Payne in any type of fighting stance.”

Jimmy Delgado, an employee of the San Ysidro Elementary School District, provided a witness statement for McCann. According to Delgado, Payne “...aggressively pointed his finger in McCann’s face.” Delgado's description of Payne's gestures agree with Payne’s formal response.

Payne says he backed away from McCann’s advances that night: “I had retreated so far that I could feel other people on my heels…. At this point I became concerned that Mr. McCann was becoming irrational and intending to do me harm. It is at this point that I extended my hand pointing my finger to establish my personal boundary and told him not to come closer or I would protect myself.”

Payne, who defended himself during the May 9 proceedings, said, “Have you ever seen anyone who was going to hit someone with their finger?”

McCann was represented by an attorney at the hearing. According to a May 10 U-T report, “Sweetwater superintendent Ed Brand approved the legal expense. He said the affair may cost the school district around $2,400 in attorney’s fees for McCann.”

Does our society want science education? Or do we think knowledge is elitist--or worse?

Microsoft, Pfizer and Comcast are funding the people who made this:

Heartland equates climate change with terrorism
Sum of Us
May 11, 2012

Are you part of the “radical fringe”? According to an ad campaign by the Heartland Institute, if you believe in climate change, you’re a radical on par with the likes of Osama bin Laden, the Unabomber, and notorious mass-murderer Charles Manson.

An ad campaign planned by the corporate front-group the Heartland Institute — which is funded in part by Microsoft and Pfizer – features the faces of these notorious killers alongside the phrase “I still believe in Global Warming. Do you?” Tell Microsoft, Pfizer, and Heartland’s other funders to stop funding Heartland and its dirty climate change denier smears.

Even as people are literally dying from increased flooding, drought, freak storms, and other climate impacts around the world, the fossil fuel industry continues to deny that climate change even exists. Their strategy has been incredibly effective — they’ve stopped the US from taking any serious action to end its addiction to oil and coal, which in turn has made it impossible for the world to reach a global climate treaty. And Heartland, a key climate change denier, also depends on Microsoft, Pfizer, and other corporations who claim they believe in climate change out of one side of their mouth — while simultaneously funding an organization that runs despicable ads like these out of the other side. That’s why we’re joining up with our friends at Forcast the Facts to call for corporations to stop funding Heartland.

The Heartland Institute has a long history of playing dirty. Last year, Heartland was caught trying to sneak industry-written pro-coal propaganda into elementary schools, and previously they have acted as hired guns for the cigarette industry, distributing a paper titled “Joe Camel is Innocent!”.

Corporations have begun fleeing from Heartland. In March, General Motors announced it would no longer fund Heartland. Just yesterday, Diageo — the company behind Guinness, Smirnoff, Johnny Walker, and other brands — also announced they were pulling funding. Now is the time to give Microsoft, Pfizer, and Heartland’s other funders — many of whom have explicitly stated they care about fighting climate change — a push to follow GM and Diageo’s lead.

Criminal contempt is the appropriate charge for destroying and creating evidence at trial

Chula Vista Elementary spoliated evidence in this case. Obama jokes with Clooney at star's gala fundraiserBy JIM KUHNHENN Associated Press May 11, 2012 ...Obama told the crowd that his famed "Hope" poster from the 2008 campaign was based on a photograph of Obama sitting next to Clooney when Obama was a U.S. senator. Clooney had been in Washington advocating on behalf of Darfur. "This is the first time that George Clooney has ever been photo-shopped out of a picture," Obama said. "Never happened before, never happen again." In fact, the artist who created the poster, Shepard Fairey, used another photograph of Obama but said he relied on the Obama-Clooney picture to avoid a copyright infringement case with The Associated Press. He pleaded guilty in February to criminal contempt for fabricating and destroying evidence...