REAL STORIES
BY REAL PEOPLE Search
Monday, November 20, 2017

Burgos Case Mirrors Mcmartin Trial UPDATE

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

Credit: Marin Times
Norm Burgos in Court

On 7/12/17 Norm Burgos was arrested after a six month investigation into new allegations. It is with regret I sincerely apologize to the prosecutor and the victims for not believing them.

Although it is not the first case of its kind, it is now the longest in California history, exceeding the record previously held only by the now notorious McMartin Preschool case from the eighties. Parallels abound: beginning with the fact that in both cases the accuser is the son of a clinically diagnosed mentally ill woman and comes from a family all too often under the watchful eye of CPS. Also, in both cases, an arrest was made based upon an accusation alone- without evidence to prove a crime had occurred at all.

Most disturbingly, however, is the similarity between the prosecution style of the McMartins and the style of our very own Marin Prosecutor, Lori Frugoli, and the MVPD. In their determination to get a conviction, just as those before them, they have pioneered the employment of new "investigative procedures"; such as "purging" all recordings of the original interviews with the accuser- so that now the defense, nor the judge, nor the jury shall ever hear them. These "new procedures" were employed after Officer Graff of the MVPD was perjured on the stand early on in the preliminary hearings that began back in 2006. After submitting a transcript of a pre-text phone call between the accused and the accuser, Defense Attorney Douglas Horngrad obtained the actual recording of the call and had it transcribed by an independent third party. When Horngrad asked Officer Graff why the MVPD had turned in a transcript to the judge, and to the defense, that was at least 55 pages shorter than the actual transcript, Officer Graff claimed she "did not know that any omissions had been made." Horngrad read aloud in court some of the dialogue missing from the MVPD version of the transcript, and asked Officer Graff if she still felt the recorded conversation,when in its proper context, described a crime. Officer Graff was unable to answer, and by the time she was dismissed from testimony, she was in tears. Very soon after, transcripts of an interview between Officer Graff and the accuser were submitted to the defense, which described new allegations never before made by the accuser. Weeks later, Officer Graff was once again called to the stand, at which time Douglas Horngrad told her, "You will have to forgive me if I don't take your word for it." When Horngrad asked her to explain why none of the recordings of the interview were available, she responded that she was "just following the procedure of the MVPD to purge recordings." Horngrad asked why they did not purge the taped recordings of the telephone call, if indeed it is their regular proceedure; to which again she had no answer.

Also like the McMartin Preschool Case, the prosecution has sought to bring in the last minute, and seemingly coached testimonies, of a special education student as well as a surprise witness who, at the time of his testimony, was incarcerated. It was apparent to the packed court room that the low functioning youth who testified was trying his very best to say the right thing. Often times, before answering the defense attorney's questions, he would look to the Prosecutor, or Officer Graff, for approval. Both of their stories matched exactly, as if they were reading them from a cue card. At one point, the packed courtroom could contain their laughter no longer, and the judge had to warn them to remain silent. Once the low functioning youth let down his guard and told the defense attorney that "Coach Burgos was an excellent teacher," and then caught himself, looked at the Prosecutor with a red face, and turned his eyes to the floor. Several weeks after he took the stand, his paren ts and his therapist hired two separate legal representatives to try to force the prosecutor to remove him, and his testimony, from the pending trial. "I am not prepared at this time to grant their request," Prosecutor Frugoli told the judge. The parents' legal representative argued that Lori Frugoli had another witness and therefore did not need to rely upon his client's testimony, citing that she had an incarcerated witness willing to take the stand.

In these last flailing days of the longest preliminary hearing our state has ever seen, Prosecutor Lori Frugoli is reaching so far as to now attempt a creation of new case law, which would in essence change black letter law, by doing away with the need to prove intent before being charged with felony restraint, and simultaneously redefine restraint as being in a room alone with a client, patient or student while using the tools of the practice of your trade. The implications of such a new law, if codified, should be giving the professional community chills. For unlike the McMartin case, even if the accused is acquited, if Judge Faye D'Opal allows Frugoli to argue her case for restraint before a jury, it will create a legal precedent that prosecutors can employ for time indefinite. Any practice which requires the professional to employ stirrups, eye masks, strapped on apparatus, or requires them to apply pressure with their arms or hands to their client- can result in a felony restraint charge if the client later reports that he or she felt uncomfortable, or suspicious, during the treatment. The ramifications of such a new law will be unprecedented within the corporate and professional world, making it nearly impossible to adequately insure hospitals, doctor's offices, dentists, schools, therapy centers, and countless other fields across the nation. Similar to the McMartin Case, the prosecution does not seem to care who will get hurt along the way. Lori Frugoli and the MVPD seem to have personally invested themselves in getting the final outcome they desire, and despite any casualties that may occur; including the ramifications of such a precedent upon society at large, nothing so far has stopped them.

After creating a nightmare in the community of Manhattan Beach, the McMartin case lead to three self inflicted deaths and left a trail of crumbled lives, before the accused was finally acquitted. I predict that if Lori Frugoli and the MVPD continue to thumb their noses at history, it will repeat itself. Although justice will ultimately grace itself upon the accused, just like in the McMartin case, the shattered lives of many innocent people will never be the same again. "Justice for all" did not apply for the community of Manhattan Beach; for the prosecutors and the police went forward with their lives just as comfortably as before; whereas the community and the victims of their witch hunt, were left to try and put their lives back together again.



About the Writer

john robertson is a writer for BrooWaha. For more information, visit the writer's website.
Want to write articles too? Sign up & become a writer!

5 comments on Burgos Case Mirrors Mcmartin Trial UPDATE

Log In To Vote   Score: 1
By john robertson on June 08, 2008 at 05:21 pm

Yes, Craig. MVPD is Mill Valley's finest. Hey, we should talk sometime . I am interested in what you know.

Thanks,

John

 Report abuse

Log In To Vote   Score: 0
By john robertson on June 08, 2008 at 07:04 pm

Sorry to hear your wife is ill. I will check out your article.

Best,

John

 Report abuse

Log In To Vote   Score: -2
By john robertson on June 08, 2008 at 07:52 pm

Everyone is entitled to their opinion.

Interesting how living in Marin or living in Reno makes people's ideas change. Especially how living in Reno makes people form beliefs without attending a trial or reading a transcript; and on one hand criticizing Marin, but on the next hand saying they formed an opinion based upon a marin newspaper article. There's a conflict there. But then, that is just my opinion. Molly's is just hers.

 Report abuse

Log In To Vote   Score: -4
By Amelia on June 09, 2008 at 01:51 pm

STOP THE CRIME AND LET THE GUILTY DO THEIR TIME.

I GUESS YOU THINK I AM REFERING TO MR. BURGOS. I AM NOT !!!!!!!

SOME PRACTING LAW IN THE  JUDICAL SYSTEM WE HAVE TODAY SEEM TO THINK THAT IF YOU CLOSE YOUR EYES TO THE TRUTH AND WISH HARD ENOUGH ( LIKE PATHALOGICAL LIARS ) THEIR LIE WILL SOME HOW BECOME TRUTH.

WHY CAN'T WE LEARN FROM EXISTING CASES THAT THIS WRONG GOES ON.  THE PROSECUTOR LORI FRUGOLI AND THE JUDGE FAYE D'OPAL ARE NOW ON WHAT HISTORY MAKING LIST ?

I HOPE THE AMERICAN PEOPLE WILL BE OUTRAGED WHEN THIS IS ALL OVER FOR MR. BURGOS. I HOPE YOU WILL SUPPORT A FELLOW AMERICAN WHO IS BEING UNJUSTLY PERSECUTED ,WHEN HE FILES DAMAGES DUE TO THE THE REPERCUSSIONS OF SUCH ABSURD CHARGES AND DELAYS .

THE COST ?

WELL IT'S LEAD TO  DISRUPTION  AND VERY LIKELY  DESTRUCTION  OF  A VIBRANT CAREER AND FINANCIAL SECURITY FOR MR BURGOS.

WHO SHOULD PAY FOR THIS LOSS ?

BEFORE YOU ANSWER PUT YOPURSELF OR SOMONE YOU KNOW AND LOVE IN HIS SHOES.

 Report abuse

Log In To Vote   Score: 4
By Edward on June 13, 2008 at 03:33 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 dog better than people?  Contrary to what the "author" claims, there is zero similarity here to the McMartin case.  What kind of writing is it to write "It was apparent to the packed court room that the low functioning youth who testified was trying his very best to say the right thing."  Did the "author" confirm that "apparent" with everyone else there?  "-low functioning youth" is a moment of revelation that makes me look forward to the apocalypse of the writings of John Robertson and the poor judgement of Coach Burgos. "In these last flailing days -" the "author" writes.  This piece of babble is an opinion, poorly supported opinion at that, not politics.

 Report abuse



Add A Comment!

Click here to signup or login.


Rate This Article


Your vote matters to us



x


x