Prosecuting a Prosecutor

[Moxley Confidential] A domestic-violence case pits federal, state and local prosecutors against one another

After an arrest, law-enforcement officials throughout the criminal-justice system nearly always fall into lockstep to win a conviction. But the case of People v. Mani Dabiri might just be unique. Prosecutors at every level—federal, state and local—have angrily disagreed with one another over the matter, with each side accusing the other of unethical behavior.

At the center of the case is Dabiri, who was a well-regarded, 30-year-old, up-and-coming assistant United States Attorney based in Santa Ana—until March 2009, when sheriff’s deputies arrested the Ladera Ranch resident on domestic-violence charges. His friends—and there are many—insist Dabiri wasn’t the perpetrator.

“I can tell you 100 percent that Mani was the victim here,” said one attorney familiar with the case, echoing the opinion of several sources. “He’s a great guy who unfortunately was involved with someone who is a mess. He should have never been prosecuted. It’s outrageous.”

Despite that sentiment, Department of Justice honchos in Washington, D.C., didn’t wait for the criminal case to play out: After his arrest, Dabiri lost his dream job. His allies are furious because they say his life has been turned upside-down, even though he was legally vindicated. This month, a jury of nine men and three women at the Fullerton courthouse found him not guilty on three counts and hung, 6-6, on a misdemeanor battery charge.

But the matter is more complicated because there’s a belief inside the state Attorney General’s office that a prosecutor with the Orange County district attorney’s office tried to sabotage the case.

Deputy District Attorney Shaddi Kamiabipour has a personal connection with Dabiri. Kamiabipour’s younger brother is a close friend of Dabiri’s, and their mothers are also close.

One day after Dabiri’s arrest, Kamiabipour—who works major fraud cases—sent an e-mail to her colleagues in the DA’s Family Protection bureau. This unit has the responsibility to decide if criminal charges are warranted in domestic-violence cases and, if so, whether they should be felonies or misdemeanors. Usually, a deputy DA relies almost exclusively on a police report to make such decisions.

In her e-mail to Deputy DA Heidi Garrel, which I obtained, Kamiabipour offered her own views about the case and Dabiri. She defended Dabiri’s character at length—especially noting his calm demeanor and outstanding scholarship at USC and UCLA. She also blamed Dabiri’s fiancee for the fight, claimed the woman had attacked her friend and that—other than “putting her in a headlock to calm her down”—he did not touch her as she “trashed” his condo and attempted to commit suicide by swallowing a handful of over-the-counter sleeping pills. The fiancee’s injuries—which included a scratch and redness on her neck and a bruise on her knee—had been self-inflicted, Kamiabipour said, giving this explanation: “During a 1.5-hour fight, she was destructive, and she tried to hurt herself by hitting herself in the head and chest areas.

“I really appreciate your assistance in looking out for this filing,” Kamiabipour wrote to Garrel. “Please let me know what you decide to do.”

According to multiple sources inside the DA’s office, the e-mail contact violated prosecutorial ethics. I have been told it compounded concerns that Kamiabipour also communicated with the alleged victim, telling her not to contact prosecutors with her version of events. “I didn’t talk to [Jane Doe] personally,” Kamiabipour wrote in her e-mail to Garrel, “but I passed on a message to her that she should stay put and not to try to contact you or the DA’s office.”

These acts “left our office no choice but to kick the case” to the AG’s office “to avoid the appearance of a conflict of interest,” said Susan Kang Schroeder, media-affairs counsel to DA Tony Rackauckas.

The case landed on the desk of Deputy AG Natasha Cortina, who eventually wrote the following summary based largely on a sheriff’s department incident report: Jane Doe, the fiancee, pushed over a vase containing daffodils during the March 29, 2009, argument with Dabiri about their relationship. In response, the federal prosecutor “completely snapped,” according to Cortina.

“[Dabiri] ran over to Jane Doe, grabbed her by the throat, pushed her against a wall and started to strangle her pretty hard,” Cortina wrote in court documents. “The defendant squeezed Jane Doe’s neck to the point where her breathing was compromised. She couldn’t talk, and she was scared. His face was inches from hers. All the while, the defendant yelled at Jane Doe.”

After about 15 seconds of squeezing Doe’s throat, Dabiri “let go” and began calling his fiancee “a piece of shit,” according to Cortina. “For the next 20 minutes, while Doe sat on the floor crying, the defendant spat on her twice.”

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年 冯
年 冯

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Anonymous
Anonymous

As an attorney, I find it reprehensible that this occured. Even if no legal rule was actually violated, the air of impropriety is astounding. Trying to influence the DA in any regard with whether they decide to bring charges is despicable and should only be done through the proper channels of an investigation, not through efforts to sway their decisionmaking.Both individuals should be sanctioned by the Bar and I am happy that Da Biri lost his job and is currently per the Bar still unemployed. Hopefully, he loses his license someday as well.

furman
furman

Dabiri should lose his law license; Kamiabipour too. MUD SLIME

JERRI BEARDSLEE
JERRI BEARDSLEE

I experienced police brutality first hand from A.T.F. AGENTS who investigated a fire in my in my personally owned warehouse and business location that was closed for business for three months before the small fire occurred in 12/10/1989, late in the evening… A very small fire that was quickly extinguished by 22 local firemen and police officials, who later signed affidavits that remained unproduced for either of my two criminal trials in federal court... My business was closed when I entered into a huge and successful civil action against my supplier Anheuser Busch after 19 years as the sole female distributor in the entire USA>>. My new building that I built from the ground up had a solid steel door for the entry to the office, a steel roll up door for the equipment, and no widows, and the rest of the foundation and walls all solid brick building more than a month after the local fire. The state and local Fire Marshall and chief of police and Mendocino Co sheriff reported the fire was "electrical in nature" and 22 varied police, fire marshal's, and firemen who assisted in putting out the small fire located in a loft area of my closed warehouse, above the small office. For 5 years the fire was "accidental" and after I won a multimillion dollar federal jury verdict against Anheuser Busch for "malicious & tortuous interference with economic business advantage" by using sexual harassment , threats, vandalism, extortion, and a host of other illegal tactics that were reported and ignored by all police officials until I won the unanimous jury verdict in 1989... Six years after the fire, I was illegally and unconstitutionally charged, with "attempted arson and conspiracy" although the alleged coconspirators had all charges dropped against them, I received a 87-mo sentence... After serving 5 years in max sec fed prisons, the trial court finally released me on my prose appeal that I filed after graduating from law school just months before I self surrendered... During the five years of hell, for a "non violent offense" which was not even a state or federal law or criminal act in 1989, I knew that we already proved to the court before I self surrendered to a federal prison camp for a non-violent crime… The govt changed the Presentence report to demonstrate the sentence was 87 mos, and the court just admitted a few months ago that he ordered a 27 month sentence, in a prison camp for a "non violent first time offender and thought that SENTENCE IN ITSELF TOO harsh", but "felt compelled by his misinterpretations of statutes and laws that he was restricted from any lower departures than the govt demanded… Before I walked unassisted into the gates of hell, after my son and daughter drove me the long road and were crying as they watched in horror as their mentor, mother, and single surviving family member was unjustly taken from them during their teenage years… The police officers and govt officials, all knew of my innocence, the court trial judge knew the fire was not an arson after he gave judicial notice to my expert that the fire was not arson, but other sentencing enhancements may still apply… The judge and everyone who lied without moral conscience in trial after trial, knew that my expert undisputedly, proved that it was "scientifically impossible for the fire to been anything but an electrical fire as there was no accelerants, fake lab reports the govt never produced, and perjuries court affidavits filed in lieu of producing the govt witnesses for the strict scrutiny of our accusers guaranteed by our Constitution of the United States or otherwise, I learned the police and fire depts. all altered all police reports, destroyed original tape recordings, which my experts proved undisputedly, were severely altered, cut, spliced and altered for my trial and ultimate conviction... The police departments and police officers, and us marshal's, and atf agents, lied throughout my entire criminal process. They admitted after my unlawful conviction, that they destroyed the original altered tapes and evidence taken the night of the fire which proved it was not a arson, by the local fire Chief Lima who served as the state fire marshall and sheriff for over 30. This and mounds of other years additional exculpatory evidence was openly destroyed by govt agencies and welcomed by insurance adjusters whose in court perjured statements were proven, but made no difference to the appellate court... The circuit court said, "The appointed atty decision not to consult with a fire expert before stipulating to the arson charge was tactical and even if it was not, it would not have changed the outcome of the trial." Such an absurd statement in the land of the free and the home of the brave... My only daughter committed suicide two years ago after suffering severe PTSD after many years of harassment, extortion, threats, and defamation of both of us remained too much for her to bear.... In prison, I personally witnessed numerous prison guards, and United States marshal's, who exposed themselves to those women entrusted to their supervision. I saw them sodomize and rape others, and throw myself, and other women, who were brave and naive enough to think that we could report them and remain unscathed by the wardens and the prison guards superiors who covered up all prison abuses, rapes, tortures, and complete denial of med care...I watched in horror as five various roommates of mine died horrible, painful deaths, after prison medical abuse and neglect finally caused their early deaths.... I alerted members of the senate, congress, presidential offices, and for the most part received curt responses, except for Sen. Barbara Boxer who paid me with her personal respects by sending her right hand administrator to prison on two occasions to meet with me... The visit was fruitful for the nine women inmates that he ordered immediately transferred to the only federal "medical center" in the world for women, and I thought that this would bring about prison reforms, but found that was not the case... I was immediately thrown into the "prison hole", locked up, and transferred to the depths of the San Bernardino county jail for many months, awaiting transfers to CARSWELL, TX for "disciplinary reasons." MY prison conduct was exemplary and I never earned a single day in confinement, but the wardens wanted to make me an example and frighten the other women who dared to speak out about the many police officials, guards, and police dept representatives who either beat, abused and or tortured all of them and me while they had us in complete submission with hand cuffs, chains, belly chains, and no way to resist... Not a single one of these female victims of this countries so called police force and prison guards, were in prison for a violent crime, guilty or not... I reported two guards for prison rapes on multiple women who begged me to go to the warden and tell her... The outcome was horrific... I went to the "hole or shu for three months straight on multiple occasions" without a single incident report or wrongdoing on my part alleged, and the women who reported the violence went to the same lock up for over a year. Most served most of their sentences in maximum-security hell.... The guards were eventually convicted of multiple rapes and assaults, and even one of the prison doctors who I reported were convicted but not for the crimes they actually committed... The doctor admittedly raped over 15 women, but he said, "they asked for it"... Sure they asked for it while they were in max security, rifles pointed to us at all times in escorted visits to medical care, and or locked up in the max sec units, where the prison med staff, who were all unlicensed, would come into the cells, and physically and or mentally abuse us all... This cop should be fired immediately with two supporting incidents of multiple violent acts upon any person... He receives $7,000 monthly, while I who was a former multi millionaire before the unlawful conviction, barely survive on $843 monthly and live in a senior mobilehome park in San Clemente, where the board association members, openly defame, ridicule, abuse, and punish me for my unlawful conviction from a 20 year old misdemeanor alleged crime that was wrongly charged six years later as a felony.... The Palm Beach Park association, has taken me to court 7 times in the last seven years, for fabricated and malicious suits in their attempts to steal my valuable property from me, and they lost all seven suits with fines, penalties and most of my atty fees ordered.... this does not stop them because the laws that are supposed to protect " victims" are not for victims at all, unless you have the money to make someone listen, no one really cares....I pray that you will read this lengthy remark, and I am available for interview, if you think it prudent... I have thousands of documented pieces of evidence that remain undisputed by any govt official, to prove my every allegation of police and govt misconduct, abuse of process, torture, etc, etc.... Who really cares? Last week I read another notice of unlawful detainer by the ruthless HOA board members and park managers who receive an income near $200,000 yearly, as high school dropouts who do not even read the park meters anymore or do the office billings, which they job out to others.... ALL OF MY MONTHLY HOA DUES, PAYMENTS, UTILITIES, ARE PAID DIRECTLY TO THE Park Attys THRU MY ATTORNEY, who also far has not charged me for his kindness and generous compassion, and they have never been late over the last 15 years of residency... I have a 30 year lease, and the park by law was required to renew my lease another 35 years, when they "changed use in 2007" and forced indigent resident homeowners to sign for a $200,000 park assessment, which was not even qualified as collateral for a property loan.. The park makes the residents pay 7% into while the statute says a max into of 3%; the law requires that no "homeowner may be displaced for a change of use in the park" yet they are actively attempting to takeover at least 24 homes that are reported, and unconfirmed... I have witnessed as aging residents, including myself, reported the park manager Colin Clines stalking window peeping, property damage, cutting tires of those who dare to talk about his abuse of disabled seniors and physical assaults on tiny, disabled senior women at park meetings where they shoved my friend against the wall Sue Eicherly, and then the self appointed board pres Dan Smith, who has multiple collection accounts of his own, ordered her and me to leave, but quickly changed his mind, as my 6'3" local atty, John Bledsoe, stood beside the park Napoleon and ordered her release... the mgrs called the police, Sue asked for their arrest... Guess what? The police refused calling it a civil matter, and the mgr continued to abuse us by cutting all of the tires on Sues golf cart which a kind neighbor gave to her after her car was voluntarily sent back to her bank because of her inability to pay for transportation and the park increased rent demands which violated her lease as well as mine.. The local judges , McCartin, and Cramin, both denied the parks suit in that action where the mgrs and Smith, Linda and Colin Cline, a resident real estate agent who profits greatly by these unlawful home takeovers which she readily sells on behalf of the association who pays the homeowners not a dime, and her husband, John and Trish Razzano, Joe An Strong, Frank Sano, a reportedly "retired former chief of the Garden Grove police department, " or another county police dept, retiree, who has no qualms about perjury, either testified in perjuries statements, or and they all signed fraudulent and perjuries, court affidavits of their witnessing "violence from Eicherly and me, and years of verbal abuse and other violent acts towards the mgrs and board members" but could not cite a particular incident, or a single police report or other untoward experience from either of us... Colin Cline, as the court records reflect, went to Sues tiny one bedroom mobilehome in the park, and repeatedly threatened her terminally ill husband who is suffering from stage 4 Parkinson's disease and can barely walk by himself. Sue called the local police and guess what, they told her " they did not believe her because the managers told them that she was abusive and called them names and was a trouble maker" so they would not even make a report until she went to the San Clemente police and ordered them to make a written report... the judges were street smart and legally savvy we soon learned.We were pleasantly surprised as we heard Judge Cramin told the park attorney Gregory Beam and Stan Feldsott, who he found guilty of bad faith, fraudulent testimonies, and fraudulent attorney testimonies in his court, that " you do not take your attorney to a gun fight, and Mrs. Beardslee took her atty to all of the park meetings where you tried to throw she and Eicherly out of the meetings, which is illegal... If I learn of future misconduct I will lock up you and the entire park myself and it will be a long time before you get out of my jail.""" those remarks were made by Judge Cramin and McCartin at multiple hearings last year... He warned Feldsott who has a long history of legal abuse of processes against me and my late daughter Shawna, which he found were eventually all dismissed in our favor, but the mental and physical trauma, proved too much for us... My daughter sat in her tiny Lakeport, Ca home, knowing that she had five personal properties in different stages of completion, that would prove financially fruitful for her in the not too distant future... When my daughter graduated from multiple colleges as Valedictorian, earned multiple degrees, in medicine, business, and even enjoyed a long stint with her brother as they skied for and on the Squaw Valley Olympic Teams in their younger days...Shawna thought the judgment that she finally recd from the park Attys Feldsott and Greg Lew, was "caused by something that she was supposed to do for me and failed to do." She was bipolar and the park mgrs and Attys were duly informed of her frail condition, but their pattern was to hold back and not cash many months of the bank certified drafts mailed to them via my bank officials and or Attys, and then they signed multiple false affidavits of non payments, and proofs of service, that were all fraudulent, and obtained judgments as they did in August 2007. Their phony affidavits and proofs of service and lying declarations on every occasion stated, "You have 60 days to remove your home from the park as an unlawful tenant." They knew that they were laying bastards, and scofflaws, who thrived on their misogynistic behaviors over many years... Shawna told her brother, my sister, her best friends and cousin who lived nearby that "if I lose my mother's home and my home I will surely kill myself..." Shawna sat in her home that was nearly paid off, and shot herself in the neck and head, ending her valuable and most productive life forever... Need I say more? I miss her terrible everyday and I loathe those who caused her death... However, I do not have the means to hire an atty to represent me in a wrongful death and malicious prosecution suit against the very lucrative association that has two million dollars in cash assets in varied bank accounts... They have profits in the millions of dollars, but report to the IRS as a "mutual benefit nonprofit association." Thanks to their alleged money laundering expertise and abuse of process, they remain unscathed... Upset, you bet that I am, but I still remain as a homeowner trapped inside of my own home, as the park Attys, managers, and board members sent out letters, memos, and even announced to the entire residency at the two meetings I attended with my attorneys, that " Beardslee and Eicherly are not legal members, have no right to vote in any association matters and have no right to attend these meetings but the law has told us that we cannot physically remove them from any park meeting... If you have any suggestions, I am certainly open and willing to do all that I can to stop this two hundred million dollar scam... I learned last year that the self appointed board president who served and I use the term serve, with great hesitation, has not paid her so called $1330 monthly assessment since she single handedly " and without any notice or vote of a single homeowner, personally managed to obtain the park incorporation and purchase agreements, even before a single homeowner knew what she was doing." This insidious statement was made to a local reporter who actually published her bragging and self-incriminating remarks in the newspaper article he wrote about their interview… Now, she is allegedly being evicted by those who self-appointed they into office, in her stead…. We also learned that Barbara Jean Wiley, the former assoc. pres, and Armand Camelot who served simultaneously with Wiley and the board managed to remove with the "written and documented approval of the unanimous board members" who later declined all knowledge of the scam which they wrote a memo to the scammers "telling them the board members voted unanimously to approve the transfers of the current drafts of $135,000 and additional $300,000 plus funds in the investment opportunity " this unlicensed, Florida scam artists, managed to conspire with the association members, park MANAGERS, WHO SENT LETTERS "DEMANDING COMPLETE SECRECY FROM ALL RESIDENTS OF THE INVESTMENT TRANSACTIONS", as they managed to embezzle and or convert a reported $135,000 in cash monies for one of their unreported and never allowed a resident to vote on, investment scams… None of the monies and none of the conspirators have received a single police contact for their alleged wrongs, which I have written documents to support my every allegation... Guess what, some of the letters and correspondence is from the very letter heads of Stan Feldsott, Lew, and Gregory Beam, who sent the park board members and managers threats of "criminal and civil prosecution for their many abuses of homeowners and unlawful takings of homes", eventually joined forces of the lucrative park bank accounts as the board members were smart enough to hire the Attys who vigorously opposed them just last year in proceedings where Beam represented the 'PARK PRIDE" GROUP, which was a large body of homeowners who wanted to stop their homes from being converted and our monies unlawfully wasted by the powers in charge… These individual attorneys, board members, and others, jointly, severally, and as individuals all actively and maliciously represented these scoundrels as they continue to abuse the civil process, torture and steal from disabled senior citizens, and have yet to receive any demand for restitution of the funds which they admittedly scammed from the entire park…… I am the only homeowner who stands up to these scoundrels who rule like the notorious rulers of past, including Sudan and Hitler, among many others to name but a few… Their KKK like meetings shocks the conscience off any normal person, and will surely shock the conscience of a jury of their peers, if they are ever brought to task for their continued wrongs against me, my daughter and many others...They reportedly had another meeting and silent vote, which excluded me of course, to vote again for the "subdivision of the park allowing the association to again reassess every homeowner at the current market value" determined by those without privities in the association board membership, who readily and unconstitutionally evict one legal resident after another... They do not allow "blacks, Mexicans, Iranians, and other unwanted persons including gay and or lesbians" to own in this park... There has never been even one of these races since my residency began when my father and I paid over a hundred thousand dollars cash monies for his home here in 1997 to buy into the park... I was in the pool a few years ago when Colin Cline ordered a Beautiful woman of color with her two well behaved children to leave the pool and the park because they were not with an owner in the park.." sic.. I immediately defended the frightened and embarrassed woman and her two small children and told Cline "they are with me and I will watch that nothing happens while they are in the pool."" He would not let it go and ordered her out.... The Clines pick up fliers that I sent to all homeowners as I had several women friends from my church assist in their distribution to all homes in the park... Colin and Linda, and Jean Wiley, and three other park residents openly stole all of the clearly marked "legal documents" from every home. These vigilantes then threatened and intimidated those who or told those who managed to pick up our 60 page packages of sealed legal documents, clearly marked as such. The residents, who came out when they heard us drop them on their decks or in other property containers, that "you do not need those so give them to me you are not supposed to have those..." He threatened four homeowners who came to me after their neighbor shined a very bright light directly into their bedroom for days on end keeping them awake all night that "if you disassociate yourself with Beardslee these problems for you will most likely cease..." These same residents Chuck and Aggie Haswirth's, had other acts of vandalism on their car and property that is well confined to a dead end street that would be easy to spot a non-homeowner intruder, which they reported to the local police, and guess what our fearless defenders told these 70 plus year old seniors? "We do not believe you because the park manager said that you make things up to get him into trouble," and again refused to prosecute... All of these persons testified in my 2007 hearings, and paid with open discriminations, abuse, and police officers unwilling to assist...I was a self-made millionaire several times over, and my daughter was a self-made millionaire in her own realm and we are both highly educated and severely disabled. My son enjoys the millions that he made on his own as a major player in the car industry, but he is not willing to share it with those less fortunate, including his late sister and me. It is easy for a child prodigy to become forever tainted and prejudiced against those persons that he loves the most after watching helplessly as they are taken from him and finding him powerless to help… He paid one atty in San Francisco nearly a hundred thousand dollars to represent me immediately after I obtained early release from prison in2005... The attorney Harold Rosenthal, absconded with the entire pot of gold and filed ineffective two or three page petitions for his 2255 petition that were quickly denied by my trial atty… I filed several prose petitions to the district court and circuit court, which were all readily granted… In spite of my court successes, after turning the matters over to attorneys because of my physical disabilities and mental depression which causes me great lack of confidence in my own ability to try my own case, I find myself back to the dugout again, and a new atty and petition must transpire or I will surely be ordered back to prison to pay another unlawful 18 months of an 87 month sentence.I have major heart disease requiring a triple bypass, and endured two spinal surgeries in last two years where nine of my spinal discs were removed and titanium rods, screws, and plates placed in their stead… I have a laundry list of physical ailments, which often prove unbearable, but in spite of all of this, I long for a respected job and position of my past years... I am a proved accomplished appellate lawyer, although remain unlicensed by the bar since I surrendered almost immediately after graduating from law school, but find it difficult to seek employment with all of this handing over me…This must not continue without resolution and punishment for the abusers... Please help me and help us all>>> Thank you,Jerri Beardslee, JD, MBA, Retired Real Estate Broker, Retired Notary Public, Retired Wholesale Beer and Beverage distributor, among other major personal, business, and political accomplishments and unfair judgments, abuse of processes and prosecutions , and a "murdered daughter" who deserved so much more...

Joshanderson114
Joshanderson114

I feel like your post lacked details and wasnt long enough...

 
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