On March 16th, 2011, Gene Forte was contacted by Merced County Grand Juror Annette Tomsha. Forte was told the Grand Jury voted to conduct a formal investigation of his complaint filed in May 2010. By April 7th, 2011 it was terminated based upon the legal advice of Fincher, a subject under investigation.
How could this happen? After the grand jury canceled three tentatively set dates between March 24th- April 7th, 2011 for Forte to give testimony, Tomsha again called Forte.
On April 7th, 2011 Tomsha informed Forte that Merced County Counsel James Fincher had rendered a legal opinion to the grand jury that the investigation should be terminated which caused the Grand Jury to re-vote. The Grand Jury then re-voted based upon Fincher’s recommendation and terminated the investigation.
Because County Counsel Fincher, a subject of the investigation, said Forte breached the confidentiality of the grand jury…….which is a bald faced lie. There is absolutely, positively no law that says Forte owes the Grand Jury any confidentiality to his own complaint. The person who filed the initial complaint can talk about it all he wants. It’s the Grand Jury that cannot speak about it. The reason the Grand Jury cannot speak about it is in order to protect the witnesses and complainant from persecution by the public officials being investigated!
Read the letter sent to the grand jury with emails attached showing that according to the laws, it is the grand jury that must keep the confidentiality of the complainant, Forte. Forte, as a complainant and a witness, can talk about whatever he wants.
Fincher, who is the subject of the investigation that was initiated, cannot give legal advice to the grand jury about the investigation of himself (Penal Code 934-935) . Therefore, what he did was tamper with a grand jury investigation…plain and simple. It is a crime! (See March 31st, 2011, Greenville SC County Councilman convicted of grand jury tampering, given 6 months in prison)
It is called jury tampering. It is obstruction of justice.
Were the jurors intimidated? Past Grand Jurors throughout the state and a top ranking officer of the California Grand Jurors Association say it is a typical ploy of public officials under investigation. Sounded like it was intimidation according to the hyperventilating and nervousness of Juror Tomsha when she called Forte!
Will Fincher be held accountable, will he have to pay the price for committing a crime? Guess it depends on how far the government corruption goes. We’ll see….
Note from Gene Forte to Merced County Counsel James Fincher, District Attorney Larry Morse, Merced County Supervisors Jerry O’Banion, Merced Sheriff Mark Pazin and all other subjects of the investigation: Why don’t any of you dirty, rotten, scoundrels sue me for slander? The 1500 attorneys getting a link to this article know why you won’t. It’s because the truth is an affirmative defense for slander….. and you donkeys know I got you by your teeny testicles.
Overview: On March 7th, 2011 after being sold out by my court appointed counsel Ms. Barbara O’Neill of Fresno California, who is working for Merced County Defense Associates, Thomas Pfeiff, Dave Capron and Cindy Morse (two witnesses for the prosecution and wife of DA Larry Morse), I sent a letter to the Presiding Judge Brian McCabe of the Merced Superior Court, the Assistant Presiding Judge Ronald Hanson, and all Judges of the Merced Superior Court laying out in detail what was taking place.
The letter provided evidence of a retaliatory and vindictive prosecution of me by Merced County DA Larry Morse. It provided tape recordings of Morse admitting that his prosecution of me would be retaliatory and vindictive. It provided audio evidence (which officers at the scene wrongly thought that they had deleted) showing that Merced County Deputy John Picinich had falsely arrested me, battered me (audio), and filed false police reports.
Other evidence provided showed that a Napoleonic attorney James Pico Padron committed perjury concerning his eye witness account of my purported assault upon him.
As of March 7th, 2011, knowing that my adversaries were getting desperate to frame me, and had recruited my own attorney O’Neill to partake in a conspiracy to cover their own crimes, I started an email campaign to over 1500 attorneys in Merced, Fresno, and Stanislaus Counties telling my story.
Then, miraculously on March 16th, 2011, after not hearing a peep from the Merced County Grand Jury about the complaint that I had filed in May of 2010 concerning the above (more or less), I was contacted by them. I was told that the Grand Jury voted to conduct an investigation of my complaint.
Now lets watch the worms squirm and see how far they will go to disrupt the investigation against themselves.