SEARCH WARRANT OPERATIONAL PLAN

Transcription

1 SEARCH WARRANT OPERATIONAL PLAN SCDA CASE NUMBER: 02-DA-0297 CASE MANAGER: Stanislaus County District Attorney's Criminal Investigator, Kirk B. Bunch Office # (209) or Cell (209) MIMS ASSISTING INVESTIGATORS: Stanislaus County Sheriff's Department Deputy, Tim McKinsey Office# (209) or Cell (209) UM= Franchise Tax Board Investigator, Joyce Baral Cell# (916) MEM Sacramento Valley Hi-Tech Crimes Task Force, Sgt. Adam Christianson Cell # (209) Mir MISSION CONTROL: Stanislaus County District Attorney's Office Secretary, Kim Fullbright Office# (209) or Cell (209) DATE OF WARRANT SERVICE: Tuesday 2/18/2003 2:00 p.m. BRIEFING: Tuesday 2/18/ :00 a.m. BRIEFING LOCATION: Stanislaus County District Attorney's Office CAU, 817 Tenth Street, Modesto, CA MISSION BACKGROUND: The Mayor of Modesto, Carmen SABATINO is the focus of this investigation. I began my investigation after 10/08/2002, when a private attorney, Roger Brown forwarded a copy of a formal request to conduct a criminal investigation. Brown outlined the following suspected crimes committed by SABATINO: Possible Acceptance of Illegal Gifts, Potential Conflict of Interest, Failure to Disclose the Identities an Sources of Income on Statements of Economic Interest (Form 700), and Failure to Disclose Investments and Perjury. During the course of my investigation, I learned of additional crimes committed by SABATINO: Grand Theft from the Modesto Joe's Restaurant P.C. 487, Payroll Theft from the Employees at the Mediterranean Market and Grill Restaurant P.C. 487 & 504, Personal Use of Public Resources City of Modesto P.C. 424, Misuse of Credit Cards City of Modesto P.C. Page 1

2 504, Government Code 1090 Violations regarding: Cable One and Mid-Valley Engineering, False Information on Application for a Loan P.C., 532, Writing checks on Insufficient Funds P.C. 476a, and Wilful Filing of False Tax Return R&T MISSION OBJECTIVES: Serve the issued warrant at the listed locations. Recover the following items: bank statements and records, payroll records, checks, account numbers and computers and other items listed on the warrant. We should attempt to accomplish these objectives in a low profile manner. NOTIFICATIONS: SCDA, James Brazelton Notified Sheriff, Les Weidman Notified Chief, Roy Wasden Notified SCDA Investigator, Mark Smith Scott Notified Stanislaus County Regional 911 MPD Watch Commander Notified Hi-Tech Sacramento Task Force Notified Franchise Tax Board, Sacramento Office Notified Modesto City Attorney X X X At 1:00 by McK At 1:00 by McK SEARCH LOCATIONS LOCATION NO. #1 RESIDENCE OF CARMEN SABATINO: MENOMM TEAM ASSIGNMENTS Supervising DA Inv. Mark Smith Stan DA Inv. Richard Balentine Stan Da Inv. Rick Dodge Hi-Tech Detective Rick Collins LOCATION NO. #2 Page 2

3 MEDITERRANEAN MARKET & GRILL RESTAURANT 1222 H Street, Modesto, CA Supervising DA Inv. Aaron Gallagher Hi-Tech Det. Dennis Reynolds Hi-Tech Det. DeMar Stan DA Inv. Ken Reid Stan DA Inv. Al Neep FTB Joyce Baral FTB Slue Railsback LOCATION NO. #3 MODESTO CITY HALL / SABATINO'S OFFICE 1010 Tenth Street, Modesto, CA Stan DA Inv. Kevin Bertalotto Stan DA Inv. George Papadopoulos Stan DA Inv. Bill Andrews Hi-Tech Detective Mussotto City of Modesto Computer Tech., Larry Chavez City of Modesto Contact: Mike Milich CELL (209) M (209) AMON (209) Mli (209) SIMINNIII (209) /1 (209) LOCATION NO. #4 MODESTO CITY HALL / KATHY ESPINOSA'S OFFICE 1010 Tenth Street, Modesto, CA Stan DA Inv. Kevin Bertalotto Stan DA Inv. George Papadopoulos Stan DA Inv. Bill Andrews Hi-Tech Detective Mussotto City of Modesto Computer Tech., Larry Chavez City of Modesto Contact: Mike Milich CELL (209) t (209) (209) (209) AMP. (209) P (209) Page 3

4 LOCATION NO. #5 MODESTO CITY HALL / DEPARTMENT OF INFORMATION TECHNOLOGY S th Floor, Room Tenth Street, Modesto, CA Stan DA Inv. Kevin Bertalotto Stan DA Inv. George Papadopoulos Stan DA Inv. Bill Andrews Stan DA inv. Kirk Bunch Hi-Tech Detective Lydell Wall City of Modesto Computer Tech., Larry Chavez City of Modesto Contact: Mike Milich CELL (209)41/11/5M1 (209) (209) ellion (209)W0100 (209) INION1114 (209) P (209) MIAMI At location #5 a review team consisting of myself, DDA Nix, City Attorney Milich, Hi- Tech Detective Wall, and Modesto Computer Tech Chavez will review the City of Modesto computer network while the searches proceed. LOGISTICS: VIDEOTAPING / PHOTOGRAPHING: At each location, digital photographs need to be taken before starting the search and after the search is completed, to show that the search was carefully done and did cause a major disruption. This is particularly critical at the restaurant and City Office. At the restaurant and at the residence, videotaping will be done as well to show that, and the timing of the searches is timed so that the restaurant is closed, at least at the start of the search. The SO will provide two CSO's to videotape the restaurant and residence. COMMUNICATIONS: Due to the lack of a common radio platform, cellular telephones will be the practical communication of choice. COMPUTER SEARCH PROCEDURE: The opinion section of the affidavit provides a careful detailed process for searching the computers at the restaurant, the two city offices, the city network drives, and at the residence. It is critical that the described procedures be followed. Call me if you have any questions, if I am not available, Dennis Reynolds is also familiar with the procedure. Page 4

5 HOSPITAL LOCATIONS: Modesto: Doctors Medical Center: 1441 Florida, Modesto (See attached) Modesto: Memorial Medical Center: 1700 Coffee Road, Modesto (See attached) EMERGENCY CONTACT: CELL James Brazelton W Les Weidman ( ftilet Supervising DA Inv. Aaron Gallagher (209) Supervising DA Inv. Mark Smith (209) Criminal Investigator Kirk Bunch (209)1aliall1 Deputy Tim McKinsey (209) omorso DDA Brad Nix (209)V TT Sgt. Adam Christianson (209) SAFETY ISSUES: * This is a low-key service of a search warrant. Officer safety shall be adhered to at all times. This is a knock and notice type of service. There is no information that would indicate any type of violence at the listed locations. There is information that Carmen SABATINO has a temper and could be confrontational. I learned SABATINO has recently applied for a concealed weapons permit (not issued as of date) and will probably have some type of handgun in his possession at one of the locations most likely at his residence Location #1.* I will attempt to interview SABATINO (DDA Brad Nix in attendance) before the service of this warrant. The length of the interview will not dictate the time of the service on the listed above locations, it is to proceed at 2:00 p.m. I will serve the warrant for SABATINO'S person and vehicle personally following my interview of him. At that time I will attempt to get a consent to search, keys to the residence, business, and car, and Should SABATINO show up at any location, the scene team leader should call me or DDA Nix asap. Page 5

6 PRESS RELEASE SCDA: A press release has been prepared for release if and when the press asks about the search. If a member of the press asks any of you about the search please refer the questioner to the District Attorney at CELL OFFICE DA James Brazelton iiinri (209) DDA John Gould Pilig=3 (209) DDA Brad Nix 311/1//0/111, (209) ITEMS TO BE SEARCHED FOR LOCATION Each location has specific items to be searched for. Please refer to me for the list for your location. Page 6

7 A. PERSON(s) described as: Carmen SABATINO DOB 10/08/1937 Search Locations B. VEHICLES described as: A 2000 Chrysler Sebring, California License Plate # 4GVK899 C. RESIDENCE: Location #1 617 W. Granger Road #33, City of Modesto, County of Stanislaus, California. D. BUSINESS SITES/OFFICES: Location #2 Mediterranean Market and Grill Restaurant 1222 H Street, Modesto, County of Stanislaus, California. Location #3 Modesto City Hall-1010 Tenth Street, room #6204 Modesto, County of Stanislaus, California. Location #4 Modesto City Hall-1010 Tenth Street room # 6205, Modesto, County of Stanislaus, California. E. BUSINESS CUSTODIANS OF RECORDS: Location #5 Modesto City Hall-1010 Tenth Street, 5 th Floor, Room 5500, Department of Information Technology, Modesto, County of Stanislaus, California. Location #6 County Bank th Street, Modesto, County of Stanislaus, California, Location #7 MOCSE Federal Credit Union-3600 Coffee Road, Modesto, County of Stanislaus, California. Location #8 Advanced Payroll System-1500 Standiford Avenue, Building C-2, Modesto, County of Stanislaus, California. /// Location #9 Brenda's Bookkeeping & Taxes-243 N. Maple Avenue in the City of Manteca, San Joaquin County, California. Location #10 California Department of Industrial Relations (Labor Commission)-31 E. Channel Street, Room #317 Stockton, San Joaquin County, California.

8 Location #11 Clendenin Bird & Company 1300 Tenth Street #C Modesto, Stanislaus County, California Location #12 ComCast (AT&T)-1639 Princeton in the City of Modesto, County of Stanislaus, California. Location #13 ComCast Cable Company-CT Cooperation, 818 W. 7t h Street 2' Floor, county of Los Angeles, California. Location #14 Fidelity National Title-3425 Coffee Road, Modesto, county of Stanislaus, California. Location #15 Bank of The West (formerly Sanwa Bank)-3600 McHenry Avenue, Modesto, County of Stanislaus, California. Location #16 Way and Associates Appraisal Consulting Services Tully Road, Hughson, County of Stanislaus, California. Location #17 California Mortgage Associates-1217 Standiford Avenue, in the City of Modesto, in the County of Stanislaus, in the State of California Location #18 Ellman and Nickerson, LLP, Certified Public Accountants th Street, in the City of Modesto, in the County of Stanislaus, California.