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'Gastankgate' defendants to be arraigned todayThis article was originally published in the the Amador Ledger Dispatch on April 2, 1999, and is reproduced here with its permission. By Diane Smith JACKSON—Please are expected to be heard today a 9 a.m. from three defendants charged with 21 felony counts from a grand jury indictment involving the alleged illegal demolition of a gas station. The charges were made during a Jan. 12 arraignment of three county residents who were earlier represented by Sacramento attorney Clyde Blackmon. Blackmon still represents defendant Robert Womack of Jackson but separate attorneys have now been secured by two others named in the indictment. No please were entered at a postponed arraignment Jan.27 and a continuance was granted. Blackmon asked for time to read the 10-volume, 2,500-page grand jury proceedings and review exhibits, search warrants and related material. Thus the April 2 court date was set for entering pleas. Jackson attorney Bud Lewis has been retained by Dave Mason III of Ione who is facing one count of conspiracy to commit a felony. He was named as a co-conspirator in the removal of a gas tank during the demolition of a service station which was being removed to make way for a small parking lot. Stockton attorney Reed Roberts is representing Mark Sherrill of Jackson. No motions were formerly filed in January by any of the three attorneys but Lewis asked if any of the prosecution's attorneys would recuse, that is, excuse themselves from that role. Amador Superior Court Judge Susan Harlan advised Lewis to submit his suggestion in writing. She has since recused herself from hearing the case, citing time constraints and the weight of business. Lewis has voiced criticism against the prosecuting attorneys, alleging possible abuses of constitutional guarantees. BackgroundThe December indictment from the special Amador County Grand Jury included 21 counts. Dave Mason III of Ione was charged with only one. Jackson residents Mark Sherrill and Robert Womack along with Mason were cited on Count One for conspiracy to commit a crime; hazardous waste disposal, transportation, storage and/or water pollution. This month, results of a test at the service station site showed no measurable amounts of contaminants. Robert Womack said he paid $80 for a City of Jackson demolition permit in May, and removed a gastank over the weekend as directed by the city, "before Mother's Day." There were no written instructions on the permit directing him to another agency however the County of Amador land use and environmental health agency has accused Womack of not seeking county jurisdiction for the removal event. Discovery response this weekIn a response to defense attorney Bud Lewis' request for discovery (exchange of information to be used in a court proceeding), the Amador District Attorney's office and an assistant to David Irey offered a list of what was taken from two separate, eight- and 10-hour searches at the Robert Womack home. The discovery includes Bosse Ranch photos apparently taken by a California Highway Patrol, Special Investigation team. Since Amador D.A. Riebe has on several occasions, said the Bosse Ranch is not part of the gas tank indictment, principals in the case wonder why discovery includes a fee of $124 for Bosse Ranch photos. This week, the investigation continues by the prosecution, which is still interviewing possible witnesses. Bank records, in addition to those previously seized, are still being ordered under an open-ended search warrant served months ago. One major piece of evidence, the removed gas tank, however appears to have been ordered destroyed by Irey and Ron Hall, an Amador D.A. investigator. Copyright © 1999 Amador Ledger Dispatch |
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