Superior Court Judge Ann Moorman signaled Monday that she may wait until a scheduled preliminary hearing later this month to decide whether to rule on defense motions to toss a contentious felony criminal case against suspended Mendocino County Auditor Chamise Cubbison.
After listening all day to the testimonies of three key witnesses, Moorman said she needed more time to “reflect” on what she heard about the possible role of retired Auditor Lloyd Weer in the case, and whether the collapse of a county email archival system has hampered a full review of potential evidence.
Weer under oath testified he had no part in any extra pay agreement prosecutors alleged was reached between Cubbison and co-defendant Paula June Kennedy, the county’s former Payroll Manager. Kennedy, who also faces a single felony charge, is accused of conspiring to receive $68,000 in extra pay over a three-year period during the Covid pandemic. Weer said he knew nothing about an obscure pay code that the two veteran county employees are alleged to have use to compensate for hundreds of hours of extra time for Kennedy.
Weer admitted that Kennedy racked up extra hours doing a difficult job during the pandemic, and that he and Cubbison, his then assistant, had multiple discussions about how to ease the situation. He acknowledged Kennedy and he had directly talked about ways to get around no overtime restrictions for managers in her position, based on what other county employees may have been doing. Weer, however, was evasive about how direct his role was in any outcome, and whether he misled investigators by initially denying any talks with Kennedy.
“We struggled to find answers, but I did not authorize what is alleged,” said Weer.
Lt. Andrew Porter, the sheriff’s investigator who turned over the case to Eyster’s office, admitted under oath he only preserved one of hundreds of emails he had reviewed among Weer, Cubbison and Kennedy which were later found to be missing after the discovery of a collapsed county archival system. Porter, a veteran officer, also acknowledged telling Weer early on he was not part of the ongoing investigation even though he had been suspended from acting as a special consultant once the criminal probe was launched.
Porter agreed that he had tried to “build rapport” with Weer during his investigation by telling him he should not have been suspended by Cubbison, and that he was going to help “fix that.”
Cubbison attorney Chris Andrian pointed out that it was his client who triggered the criminal probe by informing county officials of a Kennedy threat to quit and file a lawsuit over her alleged 390 hours of uncompensated hours.
“If she were part of a criminal conspiracy, why would she do that? Did you consider that?” demanded Andrian.
Porter had no answer.
Tony Rakes, now a deputy county CEO who once was the direct manager of IT services for the county, testified Wednesday that when he took over in May 2022, he discovered the county had no email retention policy. Then, when the Cubbison case began to unfold, he and the IT department learned the county’s archival system had been corrupted.
Rakes said an outside company informed him a month ago that it may be possible to “capture” missing emails among Weer, Cubbison and Kennedy but “they are not available today.”
Moorman questioned the witnesses during the hearing, and at one point she noted conflicts in Weer’s testimony. She also ordered Weer to provide “yes” or “no” responses to questions rather than vague answers.
At the end of the day, Moorman said, “I am not prepared to rule. I need to take time to reflect on what I have heard today.”
Moorman agreed to hear final arguments on Wednesday afternoon from defense attorneys, and from Special Prosecutor Traci Carrillo who is opposing the dismissal motions.
Moorman said she is leaning toward hearing what evidence prosecutor Carrillo may produce at the preliminary hearing before acting on defense motions to dismiss the case before trial. “That hearing is later this month,” said Moorman.
The politically laced case has dragged on for 15 months because of legal challenges to Eyster’s decision, and the discovery of how the county’s former archival email system collapsed in 2023.
Cubbison had become a target of Eyster’s wrath after she, as then Assistant Auditor-Controller, challenged his office’s spending practices. The DA took the extraordinary step of publicly denouncing her before the county Board of Supervisors and blocking her appointment as interim Auditor when Weer resigned early. Cubbison was elected Auditor a year later by county voters over the opposition of Eyster, and members of the county board.
When Eyster filed the felony case against Cubbison, county Supervisors immediately suspended her without pay and benefits. Cubbison was not given an opportunity by the board to respond publicly. Cubbison has a pending civil lawsuit against the county alleging she was denied “due process.”
One political hand washes the other.
Soviet Union style, the evidence disappears.
Emails disappear,Hillary dusting and cleaning technique used?
No liberal dares call it treason.
Your tax money at work (to make politicos rich.)
Article III, Section 3, Clause 1 of the U.S. Constitution states:
“Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the testimony of two Witnesses to the same overt Act, or on Confession in open Court.”
You don’t even know what treason is, you dim-witted fool.
One political hand washes the other.
Soviet Union style, the evidence disappears.
Emails disappear,Hillary dusting and cleaning technique used?
No liberal dares call it treason.
Your tax money at work (to make politicos rich.)
The hypocrisy in this statement lies in the contradiction between the claim of innocence or lack of authorization and the opposing evidence presented in court testimony. Specifically:
1. Claim of Non-Authorization vs. Evidence:
• The statement “I did not authorize what is alleged” is an attempt to distance oneself from the alleged wrongdoing, implying ignorance or lack of involvement.
• If court testimony directly contradicts this by showing the individual’s involvement or explicit authorization, the claim becomes hypocritical—an attempt to deflect responsibility while evidence points otherwise.
2. “We Struggled to Find Answers”:
• This phrase suggests an effort to seek the truth or address an issue, portraying the speaker as cooperative or concerned.
• If court testimony shows the individual was aware of the actions or actively participated in them, this claim becomes a manipulative defense strategy to feign ignorance or goodwill, masking culpability.
3. Accountability vs. Evasion:
• The hypocrisy is heightened if the individual holds a position of responsibility and is expected to oversee or be aware of the actions in question. A claim of non-authorization, in such cases, reflects an evasion of accountability rather than a genuine lack of knowledge or consent.
In essence, the defense statement attempts to project innocence and diligence, but if contradicted by evidence, it reveals a disconnect between claimed values or actions and the reality of their behavior, exposing hypocrisy. The evidence must be further presented your Honor.
Weer may not have approved, but he knew, and is guilty of not stopping the action. He was the auditor, the manager/supervisor. He had a duty to make things right and he failed to do so.
Then why are “We the People” not adding conspiracy to the list of charges as is suggested thus far?
Ignorance is simply not a defense concerning such matters.
If the Auditor told you to jump off a bridge, would you do that too?
Dismissal is a great idea.
A dismal great idea too. Boo!
I would like to know what authority DA Eyster claims for using public funds to pay for Christmas parties for employees and their spouses. If true that seems like a clear abuse of power. Even if it was not illegal — and if proven it might well be — most folks would think it is questionable and reflects poor judgment by the DA as a steward of the people’s money. The fact that Cubbison called Eyster on it, whatever his explanation, leads me to ask whether he charged her in retaliation for doing her job.
By virtue of his position and longevity Eyster wields a great deal of political power in the county. He is running for re-election soon and his conduct has a direct bearing on whether to support him.
Mike Geniella has done a good job covering this scandal from the beginning. I hope he will address the DA’s conduct as well as the criminal case.
Since the DA is not on trial here at all, consider the following to stay focused:
Has justice been vacuumed away in Mendocino County’s Auditor case, leaving a hollow shell of accountability, or are we facing a deliberate conspiracy under PC § 182?
The allegations of misappropriation of public funds demand clarity: Was this negligence or a coordinated betrayal of public trust?
“A void is just space waiting for the right thing to take its place.”
— Mary Shelley
Thanks for advising me to “stay focused.” That’s such helpful advice.
Of course there is a pending criminal case. That is irrelevant to the question I asked: whether the DA acted improperly in using public funds to throw a Christmas party. Since you are concerned about misappropriation of public funds I would expect you also care about it.
However, that question becomes even more important if the DA initiated the prosecution in retaliation for Cubbison questioning that expenditure.
Most importantly, it is of significant importance in deciding whether to vote for him again.
Last, the questions you ask about the Cubbison case no doubt will be answered in that proceeding.
God article. I’ve been following this all along and am amazed that the County is so disfunctional, yet finds energy to drag an elected officer thru the mud with no evidence. Thanks to Mike Geniella for following this, since no other reporter finds it interesting.
On one hand, Ted has wasted an incredible amount of money with this whole shenanigan and Cubbison will never be convicted. On the other hand, the new lady doing the job does seem to be waay better at it. Best case is it gets dropped and Cubbison does not attempt to take back her position
The people who work the entire Mendocino county “system” speak with forked tones, all.
Disgusting waste of time and $ on all levels. The county grind is corrupt and dysfunctional as the winter day is lond. They dont pay much. Expect management to work for free with nar a blink of the eye. Complaints of payroll issues, bad practices in management are sent to the labor board to be denied and covered up to be ultimately dismissed. People screaming from the rooftops of the legal slack and poor legal responses. Ignored laws. Nah no problem. smile n wave the checks in the mail. Absolute insanity those in power are the most vapid and obtuse souls they can find. Must be in the job descriptions the requirement to be ignorant. Mendo government needs to pull their head out.
So if Kennedy was paid $68,000 for 390 hours of work, that means she was paid $175.36 an hour. Interesting. In 2022 (per transparent California) she made $96,928 which means if she worked full time, she was making $46.60 an hour.
Over time, plus holiday pay, before taxes, double workloa?. Sounds right to me.
This is a symbol for all of us. If government employees just don’t get paid for work preformed during a pandemic than we’re all in more trouble than we thought. Kennedy is just one of many. How many didn’t have an obscure payroll code to use to get paid. How many people just bit the bullet, took life without pay and ended up drunk, broke, downsized and divorced? So many. You get yours Kennedy!! Get your pay!!
Even taking into consideration overtime pay and weekends that seems excessive. Let’s not forget that Auditor Weer was the one who had to okay the timesheets, so he is responsible for signing off on paying Kennedy.
The taxpayer money that they wasted on this case is five times what the payout was to Ms Kennedy. Excessive litigation is drowning Mendocino County. If you go down to the county courthouse and you pull up open cases and look at the list that involve Mendocino County against blah blah or whatever agency against Mendocino County the list is pages and pages long. Many involving past and current employees. The amount of money spent on litigation by the county is the biggest drain of all. This is never addressed nor acknowledged.
Our Country is based solely on the rule of law, so Patriots don’t care about the money or costs of litigations when the rule of law is at stake. I would rather see the County government collapse and mayhem ensue than abandon the rule of law.
If County employees, including law enforcement, want to ignore the greater rule of law, then the People will eagerly indulge in exacting their pound of flesh as is their right.
If poor character folks don’t wanna be eaten by the People, then be more ethical and LAWFUL in your “professional” lives, and grow the fuck up!!
That is a very ironic statement if you consider it in totality. There is no interpretation of law that is linear. Each attorney each judge each litigant sees things in their own way. At the end of the day judgments and lengthy litigations that go on for several years cost lots and lots of money that is unnecessary to spend. Attorneys charge $300 PLUS an hour, charge in 15 minute blocks. Government officials and agents have a liability and requirement to prevent government squandering, wasting of money and government time. Nearly 2 years of litigation is excessive and wasteful. It makes a mockery of the legal system. Hiding these cases, the Cubbison case is only one! Spending Millions upon millions of dollars in the courtroom while roads crumble, businesses close, people die on the streets and a plethora of excuses are made to uphold the mockery that is the true crime.
While it is true that many legal interpretations involve balancing competing interests or ambiguities, this does not preclude the existence of linear legal interpretations. Statutory clarity, reliance on precedent, codified rules, and structured legal tests are clear examples where the law operates in a linear, straightforward manner. Linear interpretation ensures fairness, consistency, and predictability in the application of legal principles, particularly when ambiguities are absent.
“Lex sequitur rationem.”
(The law follows reason.)
This phrase implies a logical, step-by-step progression in the development, interpretation, and application of law. It underscores the idea that the law operates in a rational, linear manner, adhering to the principles of reason and logic, thus creating a clear and structured path from cause to effect in legal analysis.
Spewing disinformation is not helpful.
Is that you David?
How many steak dinners for the DAs staff got burned up by the special prosecutor? That’s a big trade off- to get a prosecution against the lady who told you no when you wanted the county tax payers to foot the bill for your office party and then spend way more money on the lawyer from Sonoma. Bad budgeting all around. Cubbison was not good at her job and we suffered. Eyster is a clown and also bad at his job and we suffer still. Let’s move on and dump both of them like a bad habit.
Congratulations to Matt Kendall whose detective botched the whole case from the get go. In typical lunk headed fashion he went ahead and forwarded charges to his disgruntled unpopular cohort the DA to blow the whole thing like a bumbler who didn’t know how to dot an i or cross a t. But as typical of elected officials with big budgets they don’t care about anything but image and will never learn anything from this.