A few minor corrections from someone who worked close to Johnny (my husband). When Johnny was originally sentenced back in Dec. 1998, Judge Real put Johnny on 5 years probation and gave him 3,000 hours of community service to perform AT THE DIRECTION OF THE PROBATION DEPT. The probation officers (Dems.) decided to make him do the 3,000 hours in 3 years - about 20 hours per week. His initial place of community service was at his church and everything went well UNTIL Oct. 1999 when he made the keynote speech at Judicial Watch's 5th anniversary conference in Pasadena, CA. Suddenly, ACCORDING TO THE PROBATION OFFICERS, his church was no place to perform community service AND they increased his community-service hours from 20 to 25/week! Then he was placed at the YMCA, along with other probationers. Sometime while he was at the Y, the other probationers were taken away BY THE PROBATION DEPT. and only Johnny and his supervisor were doing the work of the formerly 10 - 12 men! - Johnny lost 40 lbs. during this time. The probation officers, still not satisfied that Johnny had been broken, took him away from the Y and let him sit for 3 months without giving him an assignment. After a 3-month lay-off, the probation dept. finally put him on CalTrans. This is highly unusual as CalTrans is usually a place for state/county probationers - not FEDERAL probationers! In addition, CalTrans was required BY THE PROBATION DEPT. to perform certain reporting requirements for Johnny that CalTrans didn't have to do for anyone else!
In January, 2001, Johnny told the Probation Dept. that his father had died and that his wife would have to attend to the funeral arrangements, etc. in Canada, as he was not allowed to go out of county, let alone out of country. He told them that he was going to have to baby-sit his two little kids while she was gone and he might not be able to perform the 100 hours for Feb. 2001. During Feb., there were 5 days of rain when no one worked on CalTrans, in addition to the fact that his kids were very sick and he couldn't leave them. It should be noted that Johnny not only worked the hours imposed on him by the Probation Dept., he worked MORE THAN the hours they required. For 22 months, he was ahead of the game. This, however, didn't deter the Probation Dept. from claiming that he didn't work the hours required in Feb. (82 out of 100?) and this is what they hung their hat on when they claimed that he had violated probation! A specious claim and disingenuous at best!
In addition, the Probation Dept. claimed that Johnny hadn't REALLY worked the hours that the Y certified and tried to get the judge to yank some 623 hours! Johnny gave Judge Real a letter signed by the top execs. of the Y who said how Johnny had served "with a servant's humble heart" and they would gladly welcome him back. Judge Real told the Probation officers, in March, 2001, to go back to the Y and get the matter cleared up. The probation dept. waited till about 8-27 (5 months later) before notifying Johnny's atty (Brian Sun - who didn't show Johnny the letter) that the 623 hours had been "disallowed".
When Johnny got up court yesterday, the judge bellowed at Johnny because Johnny hadn't performed his community service hours. How could Johnny when the PD hadn't given him any for over 8 months?! What was Johnny supposed to do? Each month, when he wrote his progress report, he noted in the margin that he was still waiting for an assignment to do community service hours. Yes, the judge was right in saying that Johnny PER THE PROBATION DEPT. (the judge's eyes and ears) hadn't served his community-service hours but it wasn't Johnny's fault!
Ernie Norris of Judicial Watch wasn't going to let the shenanigans of the PD slide on this. He brilliantly-issued subpoenas on all of Johnny's past/present probation officers and their supervisors, the workers from "volunteer center" though which Johnny had been placed, the people at the CalTrans and the Y. (It should be further noted that the Probation Dept. had issued subpoenas on these same people, but not themselves.) My husband volunteered to serve all these people - about 14 - and did. It was amazing what the people at CalTrans told him about Johnny BASED ON WHAT DIS-INFO. THEY HAD BEEN GIVEN BY THE PROBATION DEPT. When Hubby showed in court yesterday in a 3-piece suit instead of a polo shirt and trousers, there double-takes, whispers and "deals" going on in the courtroom.
Before Johnny went into court, however, he did what he had done the last time he appeared before Judge Real - he gave my husband his cell-phone, wallet and keys and asked him to take care of his family. My husband told Johnny that he wasn't going to jail but took the items to make him feel better.
I'm told that the courtroom was packed. According to Ernie Norris, when the Judge walked into his court and saw all those people, he probably thought "Whoa! What's going on here?" Hubby said, KIDDINGLY, that Judge Real probably had a tee-off at 12 and wanted to get the heck out of there. But, with all those witnesses, however, it could have gone on for 2 - 3 days - at least ruining his tee-off and even any possible dinner engagement that evening!
Let's be fair. Judge Real yelled at Johnny because the probation dept. had lied to him about Johnny's hours. Sure, Johnny didn't serve community-service hours BECAUSE THEY DELIBERATELY DIDN'T GIVE HIM ANY ASSIGNMENT! The judge had been told OR ASSUMED that Johnny wanted special treatment. Johnny didn't want special treatment - he wanted equal treatment - the same as any other probationer could expect. Because the PD put so many rules and restrictions on his time, he tried: (1) to please everyone; (2) to keep track of his own time records to make sure that he was credited with all the hours he worked; and (3) he kept asking questions to ensure that he was doing everything correctly. Because of this, he was deemed to be a "pest." Since when, I ask you, is being a "pest" a violation of probation? Sheesh, there are guys out there breaking probation by taking off to Mexico for months or robbing banks or dealing in illegal weapons and Johnny is getting "dinged" for being a "pest?" This now makes one wonder seriously about the competence of the people who work in the probation dept. - they don't have anything better to do with their time than create schemes to deny Johnny his hours and then put him in jail?
Anyway, the Judge (as Hubby told Johnny beforehand) had not alternative except to say that Johnny had violated his probation. However, Judge Real, once he understood that the probation dept. had done these things to Johnny, ruled that his orginal order stand (5 years probation and 3,000 hrs community service) and that Johnny was to be treated as all other probationers were treated - equally. Then Judge Real hauled the probation officers lying hides into his chambers.
Johnny, who has a slight hearing impairment, didn't know right away that he was still a free man! Outside the court, my husband - with people gathered 'round - made a little ceremony of handing Johnny's cell-phone, wallet and keys back to him. Johnny's older daughter was the one most visibly affected and cried tears of relief. Johnny's dear mother (who now has cancer) came up and hugged my husband and thanked him for helping Johnny.
I wish I could have been in court with friends, FReepers and others who showed up on Johnny's behalf. Work prevented me from doing same and so I waited by the phone to get my report.
May God richly bless all those who supported Johnny and prayed for him. Continue to keep him and his family in your prayers, please.
As for Johnny's future dealings with the Probation Dept., Ernie Norris of Judicial Watch will be going with Johnny to ensure that everything will be "according to Hoyle" and that Johnny gets equal treatment.
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Speaking of his family - one other last thing. The Probation Dept. told Johnny earlier this year that he couldn't publish his book (already written) because "it would make a lot of people nervous." (INTERESTING!! I wonder whom they had in mind when they gave Johnny this directive!) Johnny scrapped the book (again, trying to please everyone). If the book had been published, Johnny could have paid off his obligations and still had money to take care of his family. Instead of helping Johnny, the Probation Dept. put road-blocks in every step of his way. With a repenant and humble heart, Johnny never defied them but tried only to please them. (Then the PD was upset with Johnny because they didn't like the fact that he agreed with them - cooperated fully - all the time!)
Johnny, you da man!!