Posted on 05/01/2005 9:18:04 AM PDT by SmithL
A couple of birdies tell us that the recent nomination of Assistant U.S. Attorney Charles "Ben'' Burch to Contra Costa County's Superior Court bench came just as Burch's prosecution team was about to call a potentially key witness before a grand jury investigating state Senate leader Don Perata's political and business dealings.
The witness, according to our sources, is Sandra Polka, a former Democratic legislative staffer who was hired by BART to provide political outreach for seismic bond measures in 2002 and 2004.
Among the others who landed BART consulting contracts on those bond measures were a public relations firm run by Perata's daughter, Rebecca Perata- Rosati, Perata's college roommate and longtime business associate, Tim Staples, and Oakland lobbyist Lily Hu, who has had ties to the senator over the years.
The probe appears to center on whether anyone was making direct or indirect payments to Perata, his family and his associates in exchange for favorable action in the Legislature. Polka was the first central figure in the case to receive a grand jury summons.
"She had a subpoena on the table to appear in about two weeks,'' said one source close to the case, who spoke on the condition of anonymity.
Gov. Arnold Schwarzenegger's nomination of Burch for a judgeship, however, is certain to put the proceedings on hold.
"There will be a significant interruption,'' says the source. "Burch can't do it -- and nobody else in the office knows enough to take over.''
According to a separate source close to the case, what makes the Polka subpoena all the more intriguing is that prosecutors offered her "use immunity'' for her testimony -- meaning she couldn't be implicated for anything she said behind closed doors as long as she tells the truth.
(Excerpt) Read more at sfgate.com ...
peRATagate Ping
"There will be a significant interruption,'' says the source. "Burch can't do it -- and nobody else in the office knows enough to take over.''
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How convenient for PeRATa. Thanks a lot aRnie!
One of the most devious of the c'Rats allowed to slide,, for now... and a Republican helped make it happen.
It doesn't say much for the County that they are that weak in the bullpen., but this is just tooo convenient.
Benched: Gov. Arnold Schwarzenegger's appointment of Charles "Ben" Burch to the Contra Costa County Superior Court bench this past week certainly got the buzz going up in Sacramento.
The talk is about what it all means for the FBI's investigation into state Senate President Pro Tem Don Perata and his business ties -- a case that longtime prosecutor Burch has been overseeing as chief of the U.S. attorney's public corruption unit in San Francisco.
We called the Justice Department for a sounding and got the usual "cannot confirm or deny there is a Perata investigation" reply.
"But normally when someone leaves, their cases are transferred to someone else in the office," U.S. attorney spokesman Luke Macaulay said.
For months now, Democrats have been hinting that the investigation is just a Republican attempt to muddy one of the state's leading Democrats.
And no sooner did the announcement of the appointment appear than Democratic Party consultant Roger Salazar slammed Schwarzenegger for rewarding "quarterback" Burch with a judgeship.
"Are you kidding?" quipped an administration official. "Perata was after us to appoint the guy -- and get him off his back!"
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http://www.governor.ca.gov/govsite/press_release/2005_04/20050413_GAAS13105_Burch_CoCo_Judge.html
FOR IMMEDIATE RELEASE
04/13/2005
Governor Schwarzenegger Appoints Charles B. Burch to the Contra Costa County Superior Court
Governor Arnold Schwarzenegger today announced the appointment of Charles B. Burch to a judgeship in the Contra Costa County Superior Court.
Burch, 56, of Moraga, has spent the past 27 years as an assistant United States attorney for the United States Attorney's office, where he primarily focused on white collar and public corruption cases. From 1973 to 1978 he worked as an assistant state's attorney for the Cook County State's Attorney's Office.
Burch earned his Juris Doctorate degree from the University of Chicago and his Bachelor of Arts degree from Stanford University. He is a member of the National Assistant United States Attorneys Association. He fills the vacancy created by the retirement of Judge John Allen. Burch is registered decline-to-state.
The compensation for this position is $139,784.
The federal prosecutor who has been quarterbacking the grand jury investigation into state Senate President Pro Tem Don Perata was appointed a Contra Costa County Superior Court judge Wednesday by Gov. Arnold Schwarzenegger.
Charles "Ben" Burch, 56, of Moraga has been an assistant U.S. attorney for 27 years, working primarily in white-collar-crime and public corruption cases. He also has served stints in charge of the U.S. attorney's office's criminal division and its Oakland office.
From 1973 to 1978, he was an assistant state's attorney for the Cook County State's Attorney's Office in Chicago.
Burch earned his law degree from the University of Chicago and his undergraduate degree from Stanford University.
Burch fills a vacancy created by Judge John Allen's retirement and will earn a $139,784 annual salary.
Burch's signature appears on subpoenas issued by a federal grand jury for documents related to Perata, D-Oakland, and the lawmaker's relatives, friends and business associates for what seems to be a corruption probe of the state's most powerful elected Democrat.
Schwarzenegger spokeswoman Julie Soderlund said there's no connection.
"The governor conducts a very thorough process to select judges and only appoints the most qualified individuals."
Other former assistant U.S. attorneys named to the Contra Costa County Superior Court bench include Theresa J. Canepa in 2002 and John W. Kennedy in 2001, both appointed by Gov. Gray Davis.
Thanks!
The Justice Dept sure has been busy since the Clintons left office.
Sacramento lost its 3rd FBI chief in 4 years,btw,
That is one city that needs a full-time federal federal attorney and task force investigating the c'Rats.
They have far too much control over too much money to not be placed under the scope when things smell fishy.
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