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Gas tank trio joined by 4 subpoenaed witnesses todayThis article was originally published in the the Amador Ledger Dispatch on April 9, 1999, and is reproduced here with its permission. By Diane Smith JACKSON—"To gather exculpatory or non-exculpatory evidence," is the reason David Irey gave for issuing subpoenas this week to Luke Womack, Roland Womack and wife Nadine, and Paul Bosse. They were to appear in Amador Superior Court today at 9 a.m. at the same time as three gas tank defendants, Robert Womack, Mark Sherrill and Dave Mason. Special prosecutor Irey said he is investigating what may be "daily violations of environmental law at the Bosse Ranch." He was referring to what is alleged to be possible hazardous materials present in the auto junk. Responding to questions about what "mitigation" is required and whose responsibility it is to carry it out, Irey said it is not his duty to make those recommendations, it is the owner's responsibility to tell what is buried there. He has confirmed that Paul Bosse was interviewed, but said he has not subpoenaed Jon Malmquist, who members of the public have said is responsible for a literal junkyard at the former Bosse Ranch, which now belongs to KRL Partnership. Irey claims the owners of the ranch, the site of a two-day search warrant/excavation event were told, through their attorney, what needed to be done to clean up the property. He is, according to defense attorneys, trying to use lack of mitigation charges as a reason for setting aside the "own recognizance" bail of Robert Womack. Robert Womack does not own the property. Irey said yesterday he asked Clyde Blackmon, Robert Womack's attorney, around Jan. 26 or 27, whether he wanted to the mess the giant excavators left cleaned up or whether he wanted them to leave it so that owners might look for hazardous waste. Irey said the owners must have decided to leave it. He claims the offer was made to put the property back the way it was before the two large excavators from Stockton dug it up, twice broke the family water main, tore down fences, gates, conduit, and left a mess. Blackmon does not represent KRL, according to Robert Womack. Irey said he was present the first day but Russell Moore of the California Highway Patrol is credited with heading the two days of digging and carrying out a search warrant at the ranch. Test results of soil samples taken at the time are apparently in the hands of Irey but he claims the results are part of an ongoing investigation and will probably await a court airing. He said two sets, "split samples," were taken and the Womack family has access to a set. Members of the family do not confirm this. Irey also claims allegations over an illegal dump and four attachments to the Bosse Ranch search warrant, substantiated the need to do the digging. A mobile home, allegedly reported by a "tipster" to be buried there, was not found. Womack family members claim they inquired and county officials have not responded to what is needed to be cleaned at the ranch. "It is not the governments job to tell what needs to be cleaned up," Irey said, adding that is the owner's responsibility. He suggested the defense hire a consultant to do that. That statement is also not being confirmed by the family. Irey has suggested the Bosse Ranch may not be involved in the Womack, Sherrill, Mason trial but rather will be used as evidence to show "part of a pattern" of illegal landfill or burial without permits. He did not specify how far back into antiquity it would range. Bosse bought the property in 1949 and sold it to Womack in 1995-96. When questioned about the cost of the two-day excavation, Irey said, "The going rate; $160-$180 per hour (per excavator). When asked who would be required to pick up the bill, he answered, "The defendants." No one has estimated the costs of a 4 to 5-week trial in September. That is the amount of time Irey told the court to schedule on the court calendar. Copyright © 1999 Amador Ledger Dispatch |
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