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Prosecutor Lori Frugoli UPDATE

by john robertson (writer), Minneapolis, MN, June 07, 2008

UPDATE: On 7/12/17 Norm Burgos was arrested after a 6 month investigation into new allegations. With regret I sincerely apologize to the prosecutor and victims for not believing them.

For at least the sixth time, Prosecutor Lori Frugoli refused to give closing arguments, in what has turned into the longest and perhaps costliest preliminary hearing in California history. In April of 2008, in an effort to reign in the prosecution, Judge Faye D’Opal finally denied the prosecutor’s request for even more time, and did not allow her to file any new motions. After twenty-two months of granting Frugoli endless opportunities to gather together a case, the judge announced, “It is time to put this matter to rest.” The judge then scheduled closing arguments for May 29th and instructed the prosecutor to keep her presentation under twenty-minutes. Contrary to the judge’s orders, Frugoli did not return to address the court until June 3rd.

Before a packed court room of the defendant’s supporters, Lori Frugoli once again defied the judge by starting new arguments instead of closing them. She urged the judge to create a “new law” which would allow her to finally charge the defendant with a felony, since currently no such existing law is on the books to have been broken by the defendant, and no existing case law supports her request. Prosecutor Frugoli essentially argued that the defendant’s insistence that he is innocent, and the victim of homophobic persecution for the last two years, and his refusal to accept her multitude of plea bargains, proved that Coach Burgos was of disreputable character and a danger to society. Frugoli argued, “We have made law in this courtroom before,” and urged the judge to do so again in order to finally establish some sort of chargeable felony.

Defense attorney, Douglas Horngrad, argued that while “her pontificating was novel”, even she herself conceded to the court that her request is legally unsupported. He said, “We are not here to moralize or judge my client’s character, your honor. We are here to uphold and apply existing laws.”

Judge Faye D’Opal wearily scheduled a court date for June 18th, at which time she will render her decision regarding the prosecution’s request. However, she did warn Prosecutor Lori Frugoli to be prepared next time to “present a closing argument which is not open ended.” Before adjourning the court she once again reminded Lori Frugoli to keep it under twenty-minutes.

Personally, I find Lori Frugoli’s argument to be an interesting insight into how she practices law. I think we can all understand that a lawyer’s job is to win, and certainly no one can doubt Prosecutor Frugoli’s efforts to do so. However, it is a special position that prosecutors are sworn to; for it is they who hold the power to take away liberty, reputation, and even to end lives, if not literally then certainly figuratively. The people blindly put their faith and trust into the hands of prosecutors and expect that all people will be prosecuted only with integrity. Good prosecutors understand that there is often times a disconnect between what is moral and what is legal, and the good prosecutor understands that the spirit of the law is to try to bridge the two together, even though no true connection actually exists.

History has proven that law is often times dictated by social prejudice, not morality, and history has also proven that many prosecutors will exploit those prejudices to accrue convictions and build up their careers. For example, in times past, “new laws” were created to criminalize marriages between mixed races. Many prosecutors were involved in creating those laws and they benefited for decades from the convictions that ensued. History has also shown that there are always at least a few good prosecutors; those who do not practice law in a self serving way, and who are truly committed to protecting the community. Those are the prosecutors who may not have the most notches in their conviction belts, but they have bragging rights when the law is finally able to bridge itself with what is right, because they can genuinely say they were never part of the problem. ;Lori Frugoli, in my opinion, has proven herself over the last twenty-two months to be part of the problem.

This journey may have began for Lori Frugoli as just another investigation into an accusation, but once she realized that the evidence was incredibly weak and riddled with inconsistencies, a good prosecutor would have dropped the charges instead of becoming more determined to gain a conviction. Lori Frugoli, however, realized that she had a celebrated, honored and decorated member of the community, who just so happens to be gay; and either she decided that his sexuality was proof positive of his guilt, or she decided that his sexuality would be easily exploitable before a cherry picked jury. Either way, she stood to gain plenty from convicting such a well known pillar of the community. The only problem facing her is a legal one: no existing felony has been commited by the defendant. Her solution: create a new felony law.

It is obvious to me that Prosecutor Lori Frugoli is akin to the many prosecutors through out history, as opposed to the good. I believe in the marrow of my bones that the community of Marin is mostly decent, enlightened and capable of critical thinking, and I believe that justice will prevail. I also believe, that like times past, this problem will not get resolved until the community creates a consensus and says enough is enough. No more stalling tactics, no more invented accusations, no more coached witnesses, no more attempts to win despite it all. Lori Frugoli needs to know that she is not practicing law in the spirit that Marin Count y wants to become synonymous with. If Judge Faye D’Opal chooses to make history on June 18th by creating special “new laws” to assist this prosecutor, and if this prosecutor chooses to make history by continuing forward with the same disregard for what is right and moral, then I predict that history will remember them and the community badly. We will all become akin to those communities and those prosecutors of days gone by that are now today only remembered for their fear, hatred and intolerance. Lori Frugoli has already etched her history into stone, but we can still choose how history will remember the rest of us.

John Robertson



About the Writer

john robertson is a writer for BrooWaha. For more information, visit the writer's website.
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16 comments on Prosecutor Lori Frugoli UPDATE

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By john robertson on June 08, 2008 at 05:47 pm

I am working on a press packet detailing the events over the last two years. Some balance needs to come to this situation, and now that it has grown from just another sex crime case into something that can effect the nation, I am hoping I can get some mainstream media involved.

Here are the latest articles the mainstream press put out:

http://www.marinij.com/ci_5940214?source=most_emailed

http://www.marinij.com/marinnews/ci_9480345?IADID=Search-www.marinij.com-www.marinij.com

Thanks for rading my post.

John

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By john robertson on June 08, 2008 at 06:22 pm

I know the article you are refering to. Unfortunately, that Broo writer was commenting on the accusation alone, and not on any details surrounding the case. She didn't know the details because no one was making them available to her. (Although I did enjoy her article, which wasn't really about the Burgos trial.)

Anyone can make an accusation. I hope that in time a more acurate depiction of what has happened in the courtroom will also start to come to light within the mainstream media. The partial reason Broo exists is because the corporate media has a hard time reporting the facts. The McMartin trial is case point. The media skewered the accused with sensational stories for years, and then finally caught up to reality five years later and started writing the truth about what had really happened in that trial.

I don't really see this as a Marin problem. I think the media is the media everywhere you go, and Lori Frugoli is just another prosecutor like most of the others in her profession.

Thanks for reading my article.

John

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By john robertson on June 08, 2008 at 06:51 pm

Yes, the kid does make that accusation, and the paper does report that. It reports only what he said and what the prosecutor shares with the press. Nowhere in the article you refer to does it give any other side of the story.

The coach never agreed that he massaged anyone's groin at all. I know because I have sat in court, with hundreds of other students and parents, and I have personally listened to the recorded telephone conversation between the accuser and the coach. If you actually did the research you claim, then you did not only see my recent articles from the past two days. You would have seen mainstream press like this one: http://www.marinij.com/ci_5940214?source=most_emailed

It is unfair to call me disingenuous because I want to get another voice out there besides the prosecutor's. Everything I have written is a matter of court record, but it has gone unreported. An entire community of teachers and parents who have sat in the court room for two years following this case have come to the same conclusion I have about this: It is time to do something. The community is raising money to pay the coach's mounting legal bills, and we are also going to be putting the truth out there. There will be more whistelblowers besides me.

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By Amelia on June 09, 2008 at 08:04 am

Wow!

It's appaling ....What ever happened to "Innocent until proven guilty"

Does the Prosecuting Attorney Lori Frugoli and Judge Faye D'OPAL have a thing going on?

Are we sure there is not some underlying , self serving goal actually  fueling this case ?

Well, I hope the American people will not tolerate this kind of waste  and injustice.

No wonder this country is going broke !

Move forward John and know that justice will prevail . It is the true American way.

I hope  A. Burgos , the accused ,  will pursue his  right to regain sanity and any and all damages .

Amelia

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By Rene'e on June 11, 2008 at 02:08 pm

I am so very happy that finally this in online for all to read. This is just phase one of the pay back of 10 times over. I thrive on the exhausted painful days that are to come for the prosecutor Lori Frugoli and her ineffective family she is representing. HA HA HA HA HA :)

Being a victim of sexual abuse myself this sickens me. There is no evidence from what I have heard, read, seen, or been told that this boy is a victim of sexual abuse from his tennis coach. If this was indeed a case of sexual molestation there would be undeniable affects this boys character that would define him “a sexually abuse victim”. Also not to mention that the prosecutor would have a Herculean closing statement. This is her expertise right? Instead she continues to undermine her authorities in struggle to have an epiphany on this case. Prosecutor you have already had your epiphany in your dreams and nightmares. Drop this case and ask for forgiveness while you still can. So since the sexual abuse can not be proven took place and that a message in the athletic world is not a crime here is the real case or another scenario of what is going on.

Scenario 1-

It is funny how a homophobe can say that a body fat check or a message is molestation. Everyone hold on to your seats because I recall many instance that I have been violated and I am sure that everyone has or will be.

My gynecologist is not a lesbian as far as I know (nor do I care) but I suppose I can claim the same thing. Not only did she molest me but I think she likes it since at one point in my life I went back every month when I was pregnant, twice a year to cure cervical cancer, and not she must have another interested since we only have sexual encounters once  a year.  Right, I think that my experience falls under the same category (uncomfortable, can't look her in the eyes).I think my dentist looked at my breast and got too close for my comfort when doing a root canal also.

How dare you put these people on the same level as a sexual predator. 

If the little destructive, homophobic jerk could not stand the heat, then get the hell out of the kitchen.

Scenario 2-

This is a young adult who had to come up with some excuse to rich daddy as to why he is not doing well in school, the molestation card may work. Wait, but why is mommy tampering with evidence. Does she not work in the justice system and have full access to detectives and legal documents? Even with this there is no case for the child in the closet. The prosecutor lacks evidence, truth, support, or self dignity.

Since when can the judge be undermined by a subordinate? She should’ve been thrown off the case many moons ago.

As far as the boy how feels “uncomfortable” having an athletic message prior to playing or after playing tennis, grow up, stop foundling your own balls and tell the truth. Was it that you became aroused by having this message, found out your coach was gay and needed to explain your less than heterosexual feelings to your family?

I know the coach personally and he is a loving person that would not hurt another. Since he could sense the immaturity in his student he tried to make him more comfortable while checking his body fat and giving an athletic message. Go into any gym with a professional coach and see what takes place. Maybe this obviously young boy is not ready for professional tennis. I can’t wait until you turn thirty!

The story is that the attorney knows that she has been lied to and her pride is getting in the way. You made a bad call woman and you are going to suffer from your decisions in both the political world as well with your personal karma. Like John stated before “it is too late”.

Young child, do your school work, pay your own bills, come out of the closet, or admit that you are a coward and throw in the towel.

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By Rene'e on June 11, 2008 at 02:13 pm

So it is standard procedure to get in your boxer shorts for a fat test. How many physicals have you been to where you didn’t take off more?

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By Rene'e on June 11, 2008 at 02:15 pm

Yeah John-

I am so very happy that you found an outlet to fight back against the unjust in the justice system!

You have the support of many in Minnesota and I am spreading the word. This is not a problem in California but in the US.

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By Rene'e on June 11, 2008 at 02:15 pm

Yeah John-

I am so very happy that you found an outlet to fight back against the unjust in the justice system!

You have the support of many in Minnesota and I am spreading the word. This is not a problem in California but in the US.

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By Rene'e on June 11, 2008 at 02:15 pm

Yeah John-

I am so very happy that you found an outlet to fight back against the unjust in the justice system!

You have the support of many in Minnesota and I am spreading the word. This is not a problem in California but in the US.

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By Rene'e on June 12, 2008 at 03:29 pm

EL G-

Why is it that you refer to John as the gay? Why is it that you refer to the coach that has only been accused as a child-molester?

I will not stop my support because I know them both very well and there was no molestation just an immature child whom apparently still is in his 20’s now.

The boy is destructive since his lie to cover his self is destructive to others lives.

de·struc·tive   // Pronunciation Key

–adjective

1.

tending to destroy; causing destruction or much damage (often fol. by of or to): a very destructive windstorm.

Let see - well he caused destruction to a wonderful coach’s reputation in his community, he caused everlasting damage to his relationship, his accusation came in like a very destructive windstorm.

Yep El G (he is destructive)

I am correct in saying if you can not stand the heat to stay the hell out of the kitchen. Reason is when there are normal practices that happen at specific locations or departments and you knowingly go into it you must be fine with it. My personal instructor also does fat test AKA BMI and it does require you to be almost nude. I certainly would deny the test if I was uncomfortable with it such as the young man could have. Since I am not an athlete I do not require sports message but have had many other forms from physical therapist and chiropractors.  Being an athlete requires often uncomfortable situations for most. So there for I will say again in the support of my "gay" if you can't stand the heat then stay the hell out of the kitchen.

Your friend the Federal Breast Inspector can I am certain verify that the entire breast is touched as well as the nipple made to be erect. I have had numerous breast exams as I am a woman and a mother of two.

I did in my time work for a Federal Agency (USPS) and am well aware of the physicals and if I was uncomfortable I would have no problem saying that and would not have returned. Something’s come with the territory and you are most likely an adult I am sure you are also aware of this.

You better hope that someday your child or their friend never say you are a rapist and others judge you like you are EL G of my "gay" and the child-molester.

You sound a little crazy to me!

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By Edward on June 13, 2008 at 03:53 pm

When did obfuscation replace communication?  I marvel at the "author's" babble in the belief he is making sense.  Where's the content?  Is the "author" the lover of the "gay PE teacher blind-folding and fondling the crotches of 15 year old boys at school"?  His profile has that he likes his dogs better than people?  Contrary to what the "author" claims, Prosecutor Lori Frugoli Did Not Make California History.  This piece of babble is an opinion, a poorly supported opinion at that, not politics.  Oh, I get it,  His profile has that he's a real estate professional these last 8 years.  That explains it.  When did a real estate professional become a legal or political expert as politics is the catgory the author put this opinion into.  The author writes "I believe in the marrow of my bones that the community of Marin is mostly decent, enlightened and capable of critical thinking."  Marin County, Californiais the most liberal county on the planet.  They have been the rightful subject and recepient of jokes for years.  Remember The Serial?  The author himself even qualified his statement of belief with a "mostly."  El G's choice of "disingenuous" to describe this "story" was correct.

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By Edward on June 13, 2008 at 04:15 pm

LOL El G!

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By Rene'e on June 18, 2008 at 04:14 pm

I hope the same all of you have someone in your life soon that will lie and destroy who you are.

I will not be back on since I actually have a life!

Rest well in hell.

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By Maryam on August 02, 2008 at 04:26 pm

I apoligize as I do not mean to seem rude, but this article reads like it was more of a case of situational ethics for this accused (I beieve correctly accused) Marin County, Calfornia teacher.

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By Just Average Joe on July 18, 2009 at 06:06 pm

Here’s another story I wonder why it was ever published here as it’s subjective, poorly written and has no sources.  The comments were where I was able to finally figure out what was going on as no where in this story is the name of the case or the subject of the trial mentioned, that being a Marin County, California teacher named Norm Burgos and out of place conduct accusations against him.

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By Hermiona88 on June 06, 2014 at 07:50 am

Ok that was amazing to read pozycjonowanie stron

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