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Judge restricts O.R. changes: calls Bosse Ranch separate issueThis article was originally published in the the Amador Ledger Dispatch on April 11, 1999, and is reproduced here with its permission. By Diane Smith JACKSON—The prosecution's attempt to have a hearing on several matters in the Womack/gastank case was thwarted Friday in Amador Superior Court. Prosecuting attorney David Irey had sought to have Robert Womack's "own recognizance" bail revoked due to what he said were expunged criminal charged 38 years ago and "environmental crimes" which he claimed included illegal timber harvests and burying hazardous materials. Judge John Cruikshank of Stockton didn't agree to rescinding Womack's O.R. bail terms. He said he will not change the terms of the bail and told Womack to not do anything like Irey had just recited. No sandbox behavior, pleaseCruikshank, whose demeanor has already defused many tight situations, told the group he is not willing to get into a sandbox situation. "If it's sandbox, I'll go nuts so damn fast," he said. In response to Irey's challenge of the O.R. bail terms on Robert Womack, Cruikshank said, "I'm not Hitler-don't make me be Hitler." The judge also would not hear questions Irey planned to ask four persons served with a subpoena this week. No testimony was taken of Nadine and Roland Womack, Luke Womack, and Paul Bosse. All showed up in court Friday, responding to a Feb. 4 subpoena which ordered an April 9 appearance. Cruikshank also said the KRL (Bosse Ranch) cleanup issue requires a separate proceeding from the gas tank. At one point he admonished, "just be cool-let's get this thing over with." David Mason, Mark Sherrill and Robert Womack are the subjects named in a 21 count grand jury indictment involving the May 1998 removal of an underground, double-walled gas tank which ultimately was sent for demolition by prosecutorial heads. Bud E. Lewis, attorney for David Mason had specifically requested and the judge ordered that discovery take place as it involves a September 1998 meeting between the defendants in the case, county heads and Irey, who conducted the meeting. Apparently an audio tape is available and will now be part of shared evidence. What is called a "Bill Wolin Sr." video tape is also to be copied for Lewis. The judge specified this exchange should be done quickly. Lewis also reiterated what he had sent in a letter to the prosecution last month--his request for information in his client and not the thousands of pages pertinent to others. Irey said the district attorney's office had already copied on a copier rented for the purpose, some 10,000 pages. Cruikshank commented, "you folks are killing a lot of trees." Lewis promised payment would be given for copying records pertaining to his client Mason. And the judge advised the prosecution to get in and separate out those items of discovery to be used against Mason. During the Friday proceedings, Irey made an offer to Mason, good for 30 days, to reduce his charge to a $5,594 fine, a three-year probation on a criminal charge, 250 hours of community service, obey all environmental laws and also stated Mason wouldn't have to bay for discovery costs. "I'm not guilty" Mason said he would not consider accepting Irey's terms. "I'm not guilty. I had no part in it and I'm not going to plead guilty. I wasn't a party to the tank removal." Mason, who was selling a former Jackson service station site on the condition it could be used as a parking area for dentist Roland Womack, is charged with one count of co-conspiring to commit a felony in what the Amador County officials call the illegal removal of a gas tank. Robert Womack paid the City of Jackson for an $80 demolition permit prior to its removal. The county claims he should have proceeded through the county system for the demolition at 505 Sutter Street, Jackson. Soil tests taken at the site during test drilling have indicated no detectable petroleum hydrocarbons in groundwater samples from two monitoring wells dug in February. Mason felt he was exonerated when the results came back. Prosecutors weren't as amenable in letting go of the charge even through the March lab report recommended further investigation at the site was not needed. At the urging of prosecuting attorneys, attorney Lewis also filed papers identifying to Mason, his prior acquaintance with Robert Womack. Mason has already said that does not matter in his attorney-client relationship with Lewis. A judge confirmed several weeks ago, Mason's right to retain whomever he wants as his counsel. More motions, briefs and rebuttals are expected in the coming few months, before the scheduled trial of the trio in September. Copyright © 1999 Amador Ledger Dispatch |
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