Thursday, October 2, 2014
FAIRFIELD-SUISUN, CALIFORNIA
99 CENTS

Another email surfaces in autopsies controversy

By
From page A1 | April 11, 2014 |

FAIRFIELD — Suspicions by defense attorneys that the District Attorney’s Office might somehow have colluded with the doctor who performed most of the homicide autopsies for the Solano County Sheriff’s Office in recent years were ratcheted up Thursday by an email that was made public.

The brief email from Dr. Susan Hogan was sent to a deputy district attorney handling the case of Ryan J. Moore, who fatally shot Bettina Brown in 2012 at his Suisun City home. While the cause of Brown’s death was undisputed, the email, and the fact that it was never shared with Moore’s deputy public defender, spurred a request Thursday to throw out Moore’s second-degree murder conviction.

August, 22, 2013 – 12:34 p.m.

To: DDA Haroon Khan

From: Dr. Hogan

Subject: Public defender called

If it’s OK with you, I’m going to ignore?

The ignored public defender referenced in the email, Meenha Lee, told Judge Wendy G. Getty on Thursday morning she obtained the email the previous night, eight months after it was written, in response to a subpoena issued last month to county officials seeking all of Hogan’s emails to the District Attorney’s Office.

Getty put off any response to Lee’s request until May 12 when she may also rule on a request for a new jury trial, because during deliberations jurors talked about Moore not testifying. Lee said she wanted Khan to testify at that hearing about how he responded to Hogan’s email.

Two other emails from Hogan to prosecutors have already fueled a controversy about how the District Attorney’s Office has implemented a policy of sharing all information about pending criminal cases with defense attorneys as required by law.

One Hogan email from February 2013, kept secret by prosecutors for seven months, included a “just between you and me” admonition before saying she believed the rape and strangulation of 13-year-old Genelle Conway-Allen may have been an accident during consensual sex.

Another Hogan email in January 2014 said she had been fired by the Sheriff’s Office. Hogan later claimed she knew nothing about a months-long 2013 secret investigation into her competency after District Attorney Donald A. du Bain and Sheriff Thomas Ferrara met with their top staff. Defense attorneys in more than 30 homicide cases knew nothing about the questions concerning Hogan’s competency or her firing until a few months ago.

The subpoena for the Hogan emails was issued last month in the case of a Vallejo man standing trial on a murder charge for the suffocation death of his girlfriend in 2012. Before that trial got underway, several days of hearings took place to flesh out the details about Hogan, the District Attorney’s Office and the Sheriff’s Office. Sheriff Ferrara testified, as did two of du Bain’s chief deputies, Jeff Kauffman and Terry Ray.

Both Kauffman and Ray had been subpoenaed to testify Thursday at a hearing for Conway-Allen’s accused killer, Anthony L. Jones. That hearing was postponed by prosecutors, who filed a request with Judge E. Bradley Nelson, seeking a court order to block Kauffman and Ray from testifying.

Nelson postponed the hearing until after an April 23 hearing about the prosecution request.

Reach Jess Sullivan at 427-6919 or jsullivan@dailyrepublic.net. Follow him on Twitter at www.twitter.com/jsullivandr.

Jess Sullivan

Jess has covered the criminal justice system in Solano County for several years. He was an embedded reporter in Iraq in 2003.
LEAVE A COMMENT

Discussion | 14 comments

The Daily Republic does not necessarily condone the comments here, nor does it review every post. Read our full policy

  • Rich GiddensApril 10, 2014 - 6:59 pm

    This has gone too far and the Federal Authorities in Washington must be notified if the US Attorney in Sacramento doesn't act and soon. ''Donald DuBain, you are under arrest for conspiracy to deny civil rights, you have the right to remain silent pending indictment by a federal grand jury''......

    Reply | Report abusive comment
  • The MisterApril 11, 2014 - 6:30 am

    Certainly sounds like collusion between Sheriff Ferrara's coroner and the DA's office to thwart justice. It's not just du Bain whose failures and corruption needs to be exposed... the Sheriff and his office are neck-deep in it as well.

    Reply | Report abusive comment
  • my2centsApril 11, 2014 - 7:44 am

    I say come election time "fire" everyone at the DA's office, the PDs, office, and the sheriff and clean house. The newly elected officials need to go in and get rid of staff that are more interested in their own political aspirations than in doing their jobs. (Then Jess Sullivan can actually report legal news and stop working on political campaigns)

    Reply | Report abusive comment
  • Rich GiddensApril 11, 2014 - 12:17 pm

    hahah---I would love to know who you are. Saying the evidence against DuBain and the Sheriff is "just political" is like Al Sharpton or Jesse Jackson playing the race card to defend Tawana Brawley or Mumia Jamal. In other words, you have no credibility because of the weight of the evidence against DuBain and the Sheriff. Next, you will be carping that this is all "yellow journalism": and finally "racism". You must work for the corrupt DA!

    Reply | Report abusive comment
  • Blind JusticeApril 11, 2014 - 8:22 am

    Why bag on Jess. He's not the one who is screwing up the justice system, the District Attorney is. Frankly, if this is the way the district attorney runs his office I think he should be disbarred. Not only is he interfering with the administration of justice, but he's costing the tax payers of this county a fortune, unneccesarily. If a person is guilty, let the evidence be presented and a jury decide. The only reason to hide evidence, cover up and fabricate is if the evidence points to a person's innocense, and that's scary. Then to have supervisors like Kauffman and Ray lie to protect the district attorney, that tells me their is more going on in that office then is actually being reported. Two top lawyers are willing to sacrifice thier credibility to protect their boss. Why would the pathologist want to ignore the defense attorney? just answer the questions honestly. The question is going to be asked in court anyway, why not expain it before court. And why would a prosecutr tell a pathologist to ignore a defense attorney, unless there is something to hide. And if there is something to hide, the accused may not be guilty. The evidence should tell the story and the witness should just explain the evidence, truthfully. It is not the job of the experts, the prosecutors or the police to tamper with the evidence so it proves only what they want it to prove because then it's no onger evidence!! For a detective to tell an expert what he thinks the evidence shows tells me there is no need for the expert, just have the detective testify.

    Reply | Report abusive comment
  • Really?April 11, 2014 - 8:47 am

    Blind justice- nowhere in that article does it say the prosecutor told Hogan to ignore the defense. I'm sue this article is lacking all the facts as usual with this reporter.

    Reply | Report abusive comment
  • MDSApril 11, 2014 - 6:34 pm

    If the defense has questions of witnesses for the prosecution who are government employees, then the defense attorney should ask those questions through the prosecution. There is no rule that says a defense attorney can't ask the questions directly of the government employee, but there also is no rule that says that employee must answer them. If a defense attorney was to call the detective on the case and try and ask questions, the detective would refer them to the prosecutor. Generally, no good can come out of talking to a defense attorney like this unless you make sure any conversation is recorded. They will twist your words all around if you agree to speak with them. Best only to speak with the defense attorney when it's on the record.

    Reply | Report abusive comment
  • MoveOnApril 11, 2014 - 8:25 am

    Wow. I can see why the defense attorney is upset. This email definitely proves the defendant is innocent. Come on. You know who needs to go. These judges who allow this nonsense to go on. Vote these judges out. This man was found guilty and now justice is being delayed because the defense attorney wasn't shown this. Unacceptable. This seems to be a common theme. When the defendant is guilty, blame the DA. What I see is this Hogan woman was clearly unprofessional and not very bright. I think the DA's office did this county a favor by asking for an investigation.

    Reply | Report abusive comment
  • Mr.RApril 11, 2014 - 9:43 am

    MoveOn,I hope that your not on trail someday and the D.A. hides evidence or even a simple e-mail.Has it ever accured to you that yes,these defendants could be guity but, of a lesser crime and the D.A. is trying to railroad them for his own political goals.

    Reply | Report abusive comment
  • Rich GiddensApril 11, 2014 - 12:13 pm

    Let's sum it up--DuBain and his thugs have 1) coached witness testimony 2) committed perjury on the stand endlessly 3) suborned perjury 4) withheld exculpatory evidence 5) withheld evidence until trial started 5) altered previously concluded scientific forensic findings ) met ex parte with judges and the sheriff without any defense attorney present. CALL THE US ATTORNEY AND THE FBI. FILE COMPLAINTS WITH THE STATE BAR AND CONFRONT LOCAL ELECTED REPS----THE SUPES AND FRASIER.

    Reply | Report abusive comment
  • CarmiApril 11, 2014 - 4:15 pm

    Really everyone?? Really? Look at the email again. Anyone that works for this county knows that the above quoted email is not county email format. That email was doctored up and altered to another's benefit. It is so ridiculous to assume a person's innocence is based on an email especially when it is said "the cause of Brown’s death was undisputed". The cause of death was a gun shot wound and that gun was shot by that defendant. The cause of death was not an email!

    Reply | Report abusive comment
  • RalphApril 11, 2014 - 4:15 pm

    "family members have came up to me who were hurt in the massacre, some didn't know I was hurting too."-

    Reply | Report abusive comment
  • Blind JusticeApril 11, 2014 - 4:19 pm

    Really : if the prosecutor authorized the conversation then the email wouldn't be an issue. That's just common sense. And think about it, why would she even have to ask unless it's their policy.

    Reply | Report abusive comment
  • MDSApril 11, 2014 - 6:28 pm

    This is the biggest NON-ISSUE of all these articles. This email is not part of the case and is not discoverable. The prosecutors communicate with witnesses all the time like this. This defense attorney is graspbing at straws and Jess Sullivan took the bait on this one.

    Reply | Report abusive comment
.

Solano News

 
Vacaville man earns Carnegie heroism medal

By Ian Thompson | From Page: A1 | Gallery

 
Head-on crash sends 2 to trauma centers

By Amy Maginnis-Honey | From Page: A1, 1 Comment | Gallery

 
Mundy fifth-graders share their thoughts

By Mayrene Bates | From Page: A2

 
Veterans meet set in November

By Susan Hiland | From Page: A3

 
Solano Tea Party Patriots meet next week

By Susan Hiland | From Page: A3

Bevy of vintage warbirds expected at Nut Tree air show

By Ian Thompson | From Page: A3 | Gallery

 
Dickey’s Barbecue Pit hosts grand opening

By Barry Eberling | From Page: B6, 1 Comment

 
Weather for Thursday, Oct. 2, 2014

By Daily Republic staff | From Page: B12

Fairfield police log: Sept. 30, 2014

By Susan Hiland | From Page: A12

 
Suisun City police log: Sept. 30, 2014

By Susan Hiland | From Page: A12

.

US / World

FBI turns animal cruelty into top-tier felony

By The Associated Press | From Page: A3

 
California Catholics challenge abortion order

By The Associated Press | From Page: A4

San Francisco expands free public Wi-Fi access

By The Associated Press | From Page: A4

 
Judge: Stockton must treat pension like other debt

By The Associated Press | From Page: A4

Liberia short on ambulances for Ebola patients

By The Associated Press | From Page: B5

 
Wife of slain Los Angeles-area mayor released

By The Associated Press | From Page: A5

Ebola patient told hospital he was from Liberia

By The Associated Press | From Page: B5

 
Caltrans: Bay Bridge tower rods exposed to water

By The Associated Press | From Page: A5

Secret Service chief quits due to security lapses

By The Associated Press | From Page: B5

 
2 children in Los Angeles County have enterovirus

By The Associated Press | From Page: A5

Palestinians: Israeli occupation must end in 2016

By The Associated Press | From Page: B5

 
Infant’s body found in California trash facility

By The Associated Press | From Page: A5

Mexico’s probe of army slayings raises doubts

By The Associated Press | From Page: B5

 
John Wayne’s heirs lose ‘Duke’ legal brawl

By The Associated Press | From Page: A5

Hong Kong protesters threaten to occupy buildings

By The Associated Press | From Page: B5

 
Man convicted of murder in killing over loud music

By The Associated Press | From Page: B5, 1 Comment

3 Afghan soldiers who fled say they can’t go home

By The Associated Press | From Page: B5

 
Poll: Divided voters still focus on economy

By The Associated Press | From Page: B5

Respiratory virus seen in 4 deaths; role unclear

By The Associated Press | From Page: B5

 
920 California chickens killed with golf club

By The Associated Press | From Page: A5

App teaches kindergartners basic computer coding

By The Associated Press | From Page: A12

 
2 white Ohio women sue over sperm from black donor

By The Associated Press | From Page: A12

.

Opinion

It’s time to teach history

By Jay Ambrose | From Page: A11

 
Read this column ASAP or immediately

By Reg Henry | From Page: A11

Real reasons neighborhoods are in trouble

By Letter to the Editor | From Page: A11

 
Editorial Cartoon: Oct. 2, 2014

By Daily Republic Syndicated Content | From Page: A11

 
Crazy? Violent? Lose your guns

By Kelvin Wade | From Page: A11

.

Living

Today in History: Oct. 2, 2014

By The Associated Press | From Page: A2

 
Community Calendar: Oct. 2, 2014

By Susan Hiland | From Page: A2

Horoscopes: Oct. 2, 2014

By Holiday Mathis | From Page: A9

 
Our son’s suicide has made us feel like outcasts in our community

By Kathy Mitchell and Marcy Sugar | From Page: A9

.

Entertainment

TVGrid

By Daily Republic Syndicated Content | From Page: B6

 
Lena Dunham launches tour for book of adult essays

By The Associated Press | From Page: A7

‘Interstellar’ to be released 2 days early on film

By The Associated Press | From Page: A7

 
Steinem: Domestic violence discussion a positive

By The Associated Press | From Page: A7

‘Orange is the New Black’ author talks Season 3

By The Associated Press | From Page: A7

 
Joy Behar to debut a 1-woman show in New York

By The Associated Press | From Page: A7

Tony Bennett sets mark as oldest act with No. 1 LP

By The Associated Press | From Page: A7

 
.

Sports

College notebook: Former Falcon Williams tearing it up as Torero

By Paul Farmer | From Page: B1 | Gallery

 
Bumgarner, Giants silence Pirates 8-0 to advance

By The Associated Press | From Page: B1 | Gallery

A’s part ways a day after 12-inning loss to Royals

By The Associated Press | From Page: B1 | Gallery

 
49ers prepare for familiar face in Chiefs Smith

By The Associated Press | From Page: B1 | Gallery

Raiders leave for bye after meeting with new coach

By The Associated Press | From Page: B1 | Gallery

 
JC volleyball: Solano wins twice in Falcons Classic

By Daily Republic staff | From Page: B2

JC women’s soccer: Sjoberg nets 2 goals as Solano ties Chabot

By Daily Republic staff | From Page: B2

 
Prep water polo: Rodriguez boys swim to 11-1 win over Armijo

By Daily Republic staff | From Page: B2

Prep girls tennis: Stybnarova earns victory at No. 1 singles

By Daily Republic staff | From Page: B2

 
 
Prep cross country: Armijo rolls to sweep at MEL center meet

By Daily Republic staff | From Page: B2

Drivers fear next round of NASCAR’s Chase

By The Associated Press | From Page: B2 | Gallery

 
Wambach, players file lawsuit over World Cup turf

By The Associated Press | From Page: B3

Oslo latest city to drop out of 2022 Olympic race

By The Associated Press | From Page: B3

 
Cardinals re-sign Fairfield High graduate Bishop

By Staff and wire reports | From Page: B3

LeBron warmly welcomed ‘home’ by Cleveland fans

By The Associated Press | From Page: B3

 
Trout makes playoff debut when Angels host Royals

By The Associated Press | From Page: B3 | Gallery

 
Tigers hope starters can outdo Orioles bullpen

By The Associated Press | From Page: B3

This date in sports history for Thursday, Oct. 2, 2014

By The Associated Press | From Page: B4

 
.

Business

Stocks start October with a drop

By The Associated Press | From Page: B6

 
GM looks to new vehicles, China to boost profit

By The Associated Press | From Page: B6

5 reasons bonds may be less safe than you think

By The Associated Press | From Page: B7

 
Why the bond market is more fragile than you think

By The Associated Press | From Page: B7

.

Obituaries

John ‘Bo’ M. Miller

By Nancy Green | From Page: A4

 
Laura M. Gerdes-Lemmons

By Nancy Green | From Page: A4

.

Comics

Baby Blues

By Daily Republic Syndicated Content | From Page: A8

 
Wizard of Id

By Daily Republic Syndicated Content | From Page: A8

Garfield

By Daily Republic Syndicated Content | From Page: A8

 
Pickles

By Daily Republic Syndicated Content | From Page: A8

B.C.

By Daily Republic Syndicated Content | From Page: A8

 
Frank and Ernest

By Daily Republic Syndicated Content | From Page: A8

Blondie

By Daily Republic Syndicated Content | From Page: A8

 
Sally Forth

By Daily Republic Syndicated Content | From Page: A8

Peanuts

By Daily Republic Syndicated Content | From Page: A8

 
Beetle Bailey

By Daily Republic Syndicated Content | From Page: A8

Dilbert

By Daily Republic Syndicated Content | From Page: A8

 
Rose is Rose

By Daily Republic Syndicated Content | From Page: A8

Get Fuzzy

By Daily Republic Syndicated Content | From Page: A8

 
For Better or Worse

By Daily Republic Syndicated Content | From Page: A8

Zits

By Daily Republic Syndicated Content | From Page: A8

 
Baldo

By Daily Republic Syndicated Content | From Page: A8

Cryptoquote

By Daily Republic Syndicated Content | From Page: A9

 
Sudoku

By Daily Republic Syndicated Content | From Page: A9

Word Sleuth

By Daily Republic Syndicated Content | From Page: A9

 
Crossword

By Daily Republic Syndicated Content | From Page: A9

Bridge

By Daily Republic Syndicated Content | From Page: A9