The Sabatino Report

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March 4, 2010

To: Leslie Albrecht, Modesto Bee reporter.

Dear Leslie,

In the interest of good journalism I assume that you and your editors would not tolerate City Attorney Wood’s untrue statements you used in  your story of March 3, ( Ex-mayor: City is after me, and (Sabatino: Claims an attempted arrest.)

Attached is a document you will not have to obtain through a Public Records Act and the following supports my claim that the City of Modesto spent at least $50,000 to defend themselves by the use of SLAPP counter-claim to chill my right to free speech.

Thank you,

Carmen Sabatino, Candidate for Board of Supervisor District 4

THERE IS A DIFFERENCE BETWEEN THE BEE AND THE MORNING MAYOR

March 3, 2010

The Bee asks, “Why are you bringing this up now?”…Sabatino silences Council… Attorney Wood speaks

“We do not have to discuss the public’s business in Closed Session, or behind closed doors, and only give the newspaper what they want to know and report to the people.”…Carmen Sabatino

SLAPPs — Strategic Lawsuits Against Public Participation — are civil complaints or counterclaims (against either an individual or an organization) in which the alleged injury was the result of petitioning or free speech activities protected by the First Amendment of the U.S. Constitution. SLAPPs are often brought by corporations, real estate developers, or government officials and entities against individuals who oppose them on public issues. Typically, SLAPPs are based on ordinary civil tort claims such as defamation, conspiracy, and interference with prospective economic advantage.

SLAPPs are Strategic Lawsuits Against Public Participation. SLAPPs are lawsuits filed against people or organizations because they have exercised their right to petition the government or speak out on public issues. SLAPPs frequently contain claims for libel, slander, defamation, malicious prosecution, and/or abuse of process.

Sabatino asks court to stop spending taxpayer money on elections.

Sabatino sued the city in October 2007, asking the City not to use taxpayer money to mail out voter information materials to encourage the passage of a November 2007 Measure M ballot that set the stage for Council pay increases  and approving a new Charter for the City of Modesto. The Bee reports that it was about district elections, but that was Measure N.

City files SLAPP COUNTER CLAIM

Civic minded citizens who file public interest lawsuits can be hit with a SLAPP counter-claim. That is, the defendant claims damages arising out of the same circumstances that led  you to file your public interest lawsuit.

Does Wood speak the truth?

At Tuesday's City Council meeting, Sabatino said the city tried to have him arrested during the lawsuit. Alcala Wood strenuously denied that charge. "No arrests were attempted as part of this civil litigation," she said.

The fact: From motion submitted to court on January 13, 2010 by Joseph M. Quinn of MEYER, NAVE, RIBACK, SILVER & WILSON, Attorneys for Defendant CITY OF MODESTO Page 4  “Sabatino appear in Court on Monday, January 18, to be remanded into custody…”

The city has spent roughly $10,000 to $14,000 attempting to collect the unpaid bill, Alcala Wood said.

The fact: The City asked the court for $30,000 in legal fees after proposing a settlement of $15,000. Using a SLAPP defense, the judge awarded legal fees of $22,887.  The business minded council then spent $12,474.28 on what they knew was an uncollectable judgment, as determined by a judge from San Joaquin County.

"Any costs we incur to go after him are recoverable," Alcala Wood said.

The fact:  The City demanded and received an entire accounting of Sabatino’s financial status.  Wood knows better, and as an attorney she should be held accountable.  I expect the council and the city attorney to provide the billing with their law firm under the Public Records Act

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