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Madera DA Hoping California Attorney General Will Initiate Operation Rezone II with Madera County BOS & CAO

MADERA  -   Madera County District Attorney, David A. Linn, announced today that the California Attorney General’s office will take charge of all matters concerning his criminal investigation of members of the Madera County Board of Supervisors.  This action is due to the potential conflict of interest between Linn and the supervisors, and future litigation between the two parties. 

Linn previously announced that he was conducting a criminal investigation against all members of the Board of Supervisors for unethical and illegal conduct in trading favors with developers for political contributions, entering into highly questionable contracts with county vendors, and the inappropriate spending of county funds. 

According to Linn, the Board became aware of Linn’s investigations in early November of 2017 and attempted to force him to resign his position as District Attorney at a closed session Board of Supervisors meeting on November 21, 2017.  Linn refused, and in response, the Board conducted a special hearing on November 27, 2017, in which Linn says the county refused to allow him to cross examine witnesses or present a defense. 

David Linn says, “The Board’s actions are a clear cut example of obstruction of justice.”

On January 23rd of this year Linn contacted the California Attorney General’s Office to inform them that the Madera County District Attorney felt that a conflict of interest existed with the investigation of the board of supervisors and asked that the state's top cops take charge of the criminal investigation. On Wednesday March 7th the DA receive a formal notice that the Attorney General’s Office agreed to take charge of the matter and requested Linn to turn over all investigative files and materials that may be relevant to the alleged crimes by the board.

Linn, who is scheduled to be in Sacramento this week to attend the California District Attorneys Association Legislative Committee meeting with members of the State Legislature, will personally deliver the requested documents to the Attorney General’s Office so that no time is wasted in this investigation. 

Linn stated, “I’m not saying anyone on the Board is guilty of any crime, however, I do believe that the 'inquisition' meeting about me in late November by the supervisors in an attempt to force me to resign was in fact criminal obstruction of justice.  The Board denied my due process rights and simultaneously ignored long standing civil service rules for Madera County. “

Robert McCaffrey of McCaffery HomesLinn says his office has had an ongoing investigation into inappropriate campaign contributions to David Rogers, Brett Frazier and Tom Wheeler from Fresno developers Robert McCaffrey and Tim Jones. The two developers represent the companies behind Madera County’s mega-developments on Highway 41, River Stone and Tesoro Viejo.

Linn says, “These developers are making deals with the county that could be worth “millions to billions of dollars. Part of our research on the case involving the proposed development of the land in Madera County involves contributions obtained by Madera County supervisors for their political campaigns and I find it interesting most of my accusers were in some way related to real estate development.”

The largest contributors in Madera County Supervisors campaigns have been Bob and Karen McCaffrey. The Fresno couple owns McCaffrey Homes, a major builder and developer of the River Stone and Tesoro Viejo projects planned for southeastern Madera County.

McCaffrey’s father-n-law was the late John Bonadelle, who was convicted in 1998 along with two former Fresno city councilmen for allegedly subverting laws and offering bribes to get favorable zoning rulings in the  fast-growing region of Fresno County. That investigation was known as Operation Rezone (click graphic for more info).

McCaffrey garnered a little fame on the football grid iron playing center for the University of Southern California. Following his college career McCaffrey was drafted by the Green Bay Packers in 1975 and washed out after playing only one season.

Following his failed career in football, McCaffrey joined his father-in-law by becoming a real estate developer in Fresno. He now heads The McCaffrey Group and is on the Board of Directors of the Building Industry Association of Fresno/Madera Counties, having previously served as Chairman of the Board.

Madera County Chief Administrative Officer Eric Fleming is a former contractor for both Richard Spenser of Harris Construction (builder of the Madera County Sheriff’s Department and Robert McCaffrey (developer of River Stone and Tesoro Viejo).

“This action is similar to the U.S. Attorney’s action in the Operation Rezone scandal in Fresno twenty years ago”, Linn concluded in his press release.


The California Attorney General Responses:

Our letter is simply in response to Mr. Linn’s initial contact and does not indicate that we have evaluated the matter in any way.  Since we agreed with Mr. Linn’s assessment that he had a conflict of interest, the next step was simply to ask him to afford us with any information he might already have in his possession.  Beyond that, pursuant to our normal policy we will not comment further while we evaluate whatever information Mr. Linn may provide.

-AG Press Office


 The County of Madera Responses:

“Premature and embellished reports to the media have surfaced from Madera County District Attorney David Linn about the Attorney General’s Office taking over his investigation of members of the Madera County Board of Supervisors.

District Attorney Linn continues to falsely claim that the investigation leading up to his public censure on November 27, 2017 was politically motivated. He also continues to mischaracterize and minimize the fact that the investigation authorized by the Madera County Board of Supervisors sustained each and every allegation that he acted inappropriately in the workplace since taking office in 2015.

The deliberately deceptive efforts of the District Attorney to initiate investigations into members of the Madera County Board of Supervisors will only prove to be a smoke screen for his own misconduct that threatened the psychological and emotional well-being of the employees within his office.

If necessary, the county, as well as each member of the board, will openly and willingly cooperate with the Attorney General.”

Regina Garza - Madera County Counsel


 

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