Wednesday, April 1, 2015
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 [email protected] 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

Records detail shooting victim’s court history

By Jess Sullivan | From Page: A1, 40 Comments | Gallery

 
Vallejo youth wins county spelling bee

By Ian Thompson | From Page: A1 | Gallery

 
25th annual Rush Ranch Open House on April calendar

By Ryan McCarthy | From Page: A2

 
Saturday Club schedules Shower of Flowers event

By Amy Maginnis-Honey | From Page: A3

 
 
Searchers find 84-year-old missing nearly a day

By Kevin W. Green | From Page: A4, 2 Comments | Gallery

 
Symphony opportunity, scholarships available

By Susan Winlow | From Page: A4

 
Free Healthier Living workshops begin this week

By Kevin W. Green | From Page: A5

Music teachers receive program grants

By Susan Winlow | From Page: A5

 
Workshops offer information on child support process

By Kevin W. Green | From Page: A6

 
 
Group plans Haiti missions fundraisers

By Amy Maginnis-Honey | From Page: A6, 2 Comments

Travel presentation ready to roll in Vacaville

By Amy Maginnis-Honey | From Page: A6

 
Vallejo woman hit, killed by vehicle

By Ian Thompson | From Page: A6

Helen Mirren film set for debut

By Amy Maginnis-Honey | From Page: B9 | Gallery

 
WIB to host regional career fair

By Kevin W. Green | From Page: B10 | Gallery

Frazier to deliver keynote at Solano EDC event

By Kevin W. Green | From Page: B10

 
Man struck by car, injured

By Ian Thompson | From Page: A14, 1 Comment

Fairfield police log: March 29, 2015

By Susan Hiland | From Page: A14

 
Fairfield police log: March 28, 2015

By Susan Hiland | From Page: A14, 2 Comments

Suisun City police log: March 29, 2015

By Susan Hiland | From Page: A14

 
Suisun City police log: March 28, 2015

By Susan Hiland | From Page: A14

.

US / World

 
 
3D print technology provides ‘robohand’ to 7-year-old girl

By The Associated Press | From Page: A7, 1 Comment | Gallery

 
Endangered bighorn sheep moved to Yosemite, Sequoia parks

By The Associated Press | From Page: A7 | Gallery

Family: Man dead at Hollywood Hills home is Andrew Getty

By The Associated Press | From Page: A7

 
Tuskegee Airman Leslie A. Williams dies in California at 95

By The Associated Press | From Page: A7

Exercising critically ill patients may help speed recovery

By The Associated Press | From Page: A10 | Gallery

 
Defense rests in 1st phase of Boston Marathon bombing trial

By The Associated Press | From Page: A10

 
Woman charged with stabbing boyfriend after salsa argument

By The Associated Press | From Page: A10

Police: Prisoner who stole gun, fled hospital found in DC

By The Associated Press | From Page: A10

 
 
Dress-wearing man killed by NSA police had lengthy record

By The Associated Press | From Page: A10

Transportation strike shuts down Argentina

By The Associated Press | From Page: A11

 
Nigerian troops prevent Boko Haram attacks

By The Associated Press | From Page: A11

Iran nuke talks extend past deadline

By The Associated Press | From Page: A11, 2 Comments

 
Relief program paid millions for ‘flawed’ work

By The Associated Press | From Page: A14

Buhari defeats Goodluck Jonathan in Nigerian election

By The Associated Press | From Page: A15

 
.

Living

Today in history: April 1, 2015

By Maureen Fissolo | From Page: A2

 
Community Calendar: April 1, 2015

By Susan Hiland | From Page: A2

Horoscopes: April 1, 2015

By Holiday Mathis | From Page: B7

 
Should we sent wedding invitations to relatives we know can’t come?

By Kathy Mitchell and Marcy Sugar | From Page: B7

Dressing up spring asparagus with an easy brown butter sauce

By The Associated Press | From Page: B8

 
 
.

Entertainment

TVGrid

By Daily Republic Syndicated Content | From Page: B9

 
‘General Hospital’ leads Daytime Emmy nominations

By The Associated Press | From Page: B9

Olympic champ Gabby Douglas’ family to get reality show

By The Associated Press | From Page: B9

 
.

Sports

Prep boys golf preview: All 4 city teams are young

By Brian Arnold | From Page: B1

 
Short-handed Miami rallies to beat Temple 60-57 in NIT semis

By The Associated Press | From Page: B1

 
Randle sets record, leads Stanford past ODU in NIT semis

By The Associated Press | From Page: B1

Vanden’s Orme strikes out 16, tosses no-hitter

By Daily Republic staff | From Page: B1

 
Soccer player at center of search killed crossing LA freeway

By The Associated Press | From Page: B2

Frozen Four will be old home week for BU coach David Quinn

By The Associated Press | From Page: B2

 
Rio Olympic tickets go on sale despite football uncertainty

By The Associated Press | From Page: B2

Tiger Woods plays practice round at Augusta

By The Associated Press | From Page: B2

 
US gives up another late goal in 1-1 tie at Switzerland

By The Associated Press | From Page: B2

NASCAR finds Ryan Newman’s race team for manipulated tires

By The Associated Press | From Page: B2

 
Patriots owner: Aaron Hernandez told me he was innocent

By The Associated Press | From Page: B2

Raiders release DT Antonio Smith

By The Associated Press | From Page: B2

 
Tennessee hires former Texas coach Rick Barnes

By The Associated Press | From Page: B2

Thunder star Kevin Durant has bone graft surgery

By The Associated Press | From Page: B2

 
Stanford’s Christian McCaffrey showing off versatility

By The Associated Press | From Page: B2

NASCAR driver Kyle Larson released from hospital

By The Associated Press | From Page: B2

 
Barry Zito’s scoreless streak ends; A’s beat Angels 13-10

By The Associated Press | From Page: B2

Cubs will track noise so Wrigley rehab doesn’t disturb fans

By The Associated Press | From Page: B2

 
Lincecum pitches into 6th in Giants’ win over Rockies

By The Associated Press | From Page: B2

AP’s Run to the Roses: Mubtaahij No. 8; Dortmund still No. 1

By The Associated Press | From Page: B2

 
Michigan State title would be worth $1 million to Vegas man

By The Associated Press | From Page: B2

AP study projects average MLB salary tops $4M

By The Associated Press | From Page: B2

 
University of North Dakota begins campaign to find nickname

By The Associated Press | From Page: B2

Judge rules Ernie Banks will is valid

By The Associated Press | From Page: B2

 
Kentucky’s platoon system gives way to traditional rotation

By The Associated Press | From Page: B2

Chris Mullin returns home to coach St. John’s

By The Associated Press | From Page: B2

 
.

Business

Online craft retailer Etsy preps for IPO

By The Associated Press | From Page: B10

 
Many trucks being driven beyond designed top speed

By The Associated Press | From Page: B10

Buffet expected to buy dealerships

By The Associated Press | From Page: B10

 
San Bruno supports higher fine

By The Associated Press | From Page: B10

Google to release their cheapest laptop yet

By The Associated Press | From Page: B10, 2 Comments

 
Several charged in Medicaid shoe fraud

By The Associated Press | From Page: B10, 4 Comments

Fast food organizers expand their campaign

By The Associated Press | From Page: B10, 2 Comments

 
.

Obituaries

Gordon Davis

By Nancy Green | From Page: A4

 
Carlos Penados

By Nancy Green | From Page: A4

.

Comics

Baby Blues

By Daily Republic Syndicated Content | From Page: B6

 
Baldo

By Daily Republic Syndicated Content | From Page: B6

Wizard of Id

By Daily Republic Syndicated Content | From Page: B6

 
Sally Forth

By Daily Republic Syndicated Content | From Page: B6

Beetle Bailey

By Daily Republic Syndicated Content | From Page: B6

 
For Better or Worse

By Daily Republic Syndicated Content | From Page: B6

Rose is Rose

By Daily Republic Syndicated Content | From Page: B6

 
Garfield

By Daily Republic Syndicated Content | From Page: B6

Peanuts

By Daily Republic Syndicated Content | From Page: B6

 
Get Fuzzy

By Daily Republic Syndicated Content | From Page: B6

Pickles

By Daily Republic Syndicated Content | From Page: B6

 
Blondie

By Daily Republic Syndicated Content | From Page: B6

Frank and Ernest

By Daily Republic Syndicated Content | From Page: B6

 
Dilbert

By Daily Republic Syndicated Content | From Page: B6

B.C.

By Daily Republic Syndicated Content | From Page: B6

 
Bridge

By Daily Republic Syndicated Content | From Page: B7

Sudoku

By Daily Republic Syndicated Content | From Page: B7

 
Word Sleuth

By Daily Republic Syndicated Content | From Page: B7

Cryptoquote

By Daily Republic Syndicated Content | From Page: B7

 
Crossword

By Daily Republic Syndicated Content | From Page: B7