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Womack grand jury transcript shows conflicting testimonyThis article was originally published in the the Amador Ledger Dispatch on January 31, 1999, and is reproduced here with its permission. By Diane Smith JACKSON—The transcript of the special grand jury sessions which led to its indictment of three local men is now public record. And there appears to be conflicting testimony over who ordered a gas tank for disposal. The tank, considered by some to be a main piece of court evidence, was ordered to Richmond for disposal. There appears to be conflicting testimony over who ordered the tank destroyed. Three defendants, Robert Womack, Mark Sherrill and Dave Mason have been charged with a conspiracy involving the removal of a gas tank during the May demolition of a service station, on a city-issued $80 permit. On page 2333, special prosecutor David Irey is asking special investigator Ron Hall about who gave the disposal orders for the tank which was removed from the Jackson site. The transcript identifies Irey who presents the Manifest of the tank's final transportation to Richmond as "Exhibit 16."
On page 2369, the Hall testimony continues, "So we had Richard Thorpe, I believe, contact Dave Mason and have it disposed of. We had the seals and the photographs. That was good enough for us."
Questions then turned to another subject. Fourt, page 2196, claims he never saw any documents or manifest involving the tank. Dave mason this week, claims he was never asked about the disposal of his tank. He was never involved with any decision making, he said. But, he added, he believes that Thorpe offered to chop up the tank at his corporation yard since he (Thorpe) had already certified it as non-hazardous. The Uniform Hazardous Waste Manifest, issued Sept. 14, 1998 by Richard Thorpe of Thorpe Oil appears to conflict with the Hall testimony. On it is typed, "This tank was transported to Black Diamond and Beckman Rd in Lodi, CA from 505 Sutter St. in Jackson, CA by parties unknown. Jim Thorpe Oil Inc. has been directed to transport the tank to Erickson for disposal by Mr. Hall of the Amador District Attorney's The Manifest shows a Richmond, Ca. address for Erickson, Inc. It is the company which received the empty double walled 1,000 gallon storage tank. And although the tank had been certified non-hazardous, Thorpe was ordered to send it for disposal as a hazardous tank. Robert Womack, who faces the most charges in the station demolition, said last month he had to pay $1500 for the tank's treatment as "hazardous material". Distributor Dave Mason III, of Mason Oil, Ione, said he has always been mindful of the environment and has in the past, spent $1.4 million putting in safeguards to correct any hazards his business might cause. Today he is worried that they have "put me out of business." All his assets are tied to his business. And he is still having to pay for environmental remedies. The service station which was demolished, now has a cloud on the title and Mason feels he will have to take to his grave, the heavy burden of mitigation, as seen through official eyes. He is broke, he said. Mason has to answer a single charge of conspiracy to commit a felony (illegally removing a tank). Robert Womack had 19 out of 21 charges filed against him on a grand jury indictment. Mark Sherrill had nine. Mason was in the process of selling the former service station on a contingency basis. If it could not be used as a parking lot, the deal would not become valid. The lot is used for dental staff parking. Copyright © 1999 Amador Ledger Dispatch |
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