Did ADA Hurlbert Know San Agustin was not in the build during the alleged Crime?

 

We have already provided substantial evidence that the kidnapping case against former Commander John San Agustin is completely without merit.  Read Story.  Now we are going to provide additional evidence of his innocence and the guilt of ADA (Assistant District Attorney) Mark Hurlbert.

ADA Mark Hurlbert has known from the beginning that John San Agustin was innocent but has continued his unethical malicious prosecution of him.  We predict he will drop the charges shortly before his trial just like he did with Maketa.  He knows he can not go in front of a jury with the ultra thin case he has. There is more evidence of San Agustin’s innocence. The fact that he will wait until shortly before trial will prove our point that this is nothing more than a malicious prosecution and driven completely by politics.  If Hurlbert had any morals or ethics he would drop the charges immediately.

So far we have laid out the following facts; Deputy District Attorney (DDA) Shannon Gerhart told investigators in an interview in March of 2016 she was present for the interview and subsequent meeting concerning charges and there was probable cause to arrest Kelli Trull.  Detective Lisa Kaiser (who actually made the arrest) told investigators, testified to the grand jury and again in the Maketa trial that she was not ordered or directed by anyone to arrest Kelli Trull, however she does arrest her based on guidance from Gerhart.  There are three EPSO supervisors in the room when the decision to arrest is made and they do not object.  So, they obviously authorized or at least condoned the arrest. Those present at the discussion to arrest Kelli Trull were; lead detective Lisa Kaiser, DDA Shannon Gerhart, Sgt. Robert Jaworski (Kaiser’s supervisor), Commander Mitch Lincoln (Investigations commander) and Chief Al Harmon.  Surprisingly none of those actually involved in the discussion and decision to arrest Ms Trull are ever charged with Kidnapping.  More surprisingly is that ADA Hurlbert charges three individuals who are not even present in the meeting; Sheriff Terry Maketa, Undersheriff Paula Presley and Commander John San Agustin.   There is actually no crime here.  DDA Gerhart said there was probable cause; that should have been the end of it.  But if there was a crime why were those who actually made the decision not charged?  There is no evidence provided that any of the three charged had anything to do with the decision.  Plus, John San Agustin was an Inspector at the time, his boss, commander Mitch Lincoln was actually in the room.  So, how can Hurlbert charge San Agustin, who was not there, with Kidnapping and not his boss who was actually in the room and participated in the decision to arrest? You know it is political when they pick and chose who they charge.

Let’s look at this by rank and position:

Al Harmon – Chief – In the meeting and participated in decision to arrest – Not charged

Mitch Lincoln – Commander – In the meeting and participated in decision to arrest – Not charged

John San Agustin – Inspector – Not in the meeting – CHARGED with Kidnapping

Robert Jaworski – Sergeant  – In the meeting and participated in decision to arrest – Not Charged

Lisa Kaiser – Lead Detective – Conducted the interview, In the meeting, and participated in decision to arrest, made the arrest- Not Charged

How can ADA Hurlbert justify charging John San Agustin and not the individuals who were actually involved in the decision to arrest?  Could it be a witch hunt to ruin the lives of specific individuals Dan May and Bill Elder want revenge on?

Our view is that there was no crime because there was probable cause. This whole case is a vendetta by Dan May and Bill Elder.

That’s where we are so far; however there is more.  Would you believe a CBI agent testified to the grand jury investigating Maketa and gave them misleading testimony which helped indict John San Agustin?  A CBI agent stated, under oath, while being questioned by ADA Mark Hurlbert that he knew John San Agustin was in the meeting when they discussed the possible charges against Kelli Trull because he used his “keycard” to access the “room” where the meeting was.  Wow, that sounds pretty bad.  It would be, except for the fact his testimony was false.

First off, there is no “keycard” access to the “room’ where the meeting was. It does not exist; never has.   So, the CBI agent using the word “room” is not accurate and misleading.  He is most likely refering to the 2nd floor door to investigations. But it gets worse.  He states that he reviewed the “keycard” logs and it showed John San Agustin in the “room” where the meeting took place.  This is completely false and it appears the CBI agent knowingly gave false information.  Had he actually looked at the logs he would seen that John San Agustin used his “keycard” to leave the parking structure before the meeting ever started.  What was that again?  John San Agustin was not even in the building when the meeting took place to decide if Kelli Trull was going to be charged?  That is correct. In fact, we believe he was on his way to CJC. It gets worse; John San Agustin never returns to the building that day.  There is no additional use of his keycard after he leaves the parking structure.  He does not return to the office until the next day.

Here are the facts;

September 12, 2013

9:19 am Detective Kaiser goes to the first floor to meet Kelli Trull

9:22 – Kaiser keycards into Investigations area on 2nd floor

9:23 – Kaiser and Trull are in the interview room and the interview begins

9:30 – John San Agustin leaves the investigations area using the back stairwell and uses his keycard to enter 3rd floor area (bridge to parking structure)

9:33 – John San Agustin uses his keycard to leave the parking structure (and does not return for the remainder of the day)

9:49 – Kaiser leaves interview room to go to the conference room to meet with supervisors and DDA Shannon Gerhart.

9:59 – Kaiser returnes to interview room and informs Kelli Trull she is going to be arrested

Parking Structure behind EPSO Headquarters

Let’s review the timeline.  John San Agustin leaves the building around 9:33 am and the decision to arrest Kelli Trull is around 9:58 am.  In fact, Kaiser does not leave the interview room until 9:49 am.  John San Agustin has been gone for over 15 minutes prior to Kaiser going to the conference room to talk with supervisors and DDA Shannon Gerhart.

The facts speak for themselves.  It appears a CBI agent knowingly provided false information to a grand jury to get San Agustin indicted.

It get’s worse.  Within a few weeks of the indictment, ADA Mark Hurlbert is informed of the Keycard information and the false/misleading testimony by the CBI agent.  Instead of doing the right thing and dropping the charges against San Agustin he doubles down and states he knows about the information and it will be addressed at trial.  This clearly shows the prosecution against San Agustin is politically motivated and corrupt.

ADA Mark Hurlbert

We have shown you more than enough evidence that John San Agustin is completely innocent and ADA Mark Hurlbert is conducting an unethical malicious prosecution. There’s more.  A few weeks ago we promised to show you evidence Mark Hurlbert might have manipulated the grand jury to get indictments.  Our next story will provide evidence that Hurlbert knew exculpatory evidence was going to be presented to the grand jury by an individual he was about to call as a witness. When Hurlbert realized what was about to happen he did not allow that person to testify. He manipulated what the grand jury heard to ensure they did not hear anything he did not want them to hear.  Sound like an honest public servant or a corrupt politician?

Stay tuned … Ready to read the next story of corruption? Read Story.

“Truth will ultimately prevail where there is pains to bring it to light” 

George Washington