Sheriff Corpus removal hearing week 2: Union president testifies
Corpus removal hearing: County attorneys running over their allotted days
Attorneys for San Mateo County said they needed more time Monday at Sheriff Corpus's removal hearing to call witnesses, but then asked Judge James Emerson to end court 45 minutes early because their final 2 witnesses were not ready to testify. The Sheriff's defense team said they had planned to call their own witnesses Monday, and objected to the plan allowing the county to continue with their witness list.
REDWOOD CITY, Calif. - Attorneys for San Mateo County said they needed more time Monday to call witnesses in Sheriff Christina Corpus's administrative removal hearing. County officials had previously said each side would have five days and 35 hours to present their evidence and witnesses, with a limit of 10 days for the entire proceeding at the San Mateo Hall of Justice.
County legal team runs over into second week
"Under the rules, each side is supposed to have five days and 35 hours to present their respective cases. The county's case has gone a bit long and, as a result, the county's case is spilling over into today and probably tomorrow morning," Wilson Leung, an attorney with Corpus's defense team, said.
The San Mateo County Board voted to remove her from office, due to allegations of retaliation, favoritism, intimidation, and inappropriate comments. Corpus requested the hearing.
Sheriff Corpus's defense team said they had planned to call their own witnesses on Monday, including the Millbrae city manager, a San Francisco former deputy chief, and her former chief of staff Victor Aenlle, whose appointment is a central factor in the calls for Corpus's removal from elected office.
"It is an unfortunate development that may adversely affect the sheriff's defense because, frankly, we were expecting the full 35 hours or 5 days," Leung said.
KTVU asked Judge James Emerson the reason for giving the county the extra days to call their witnesses and control who would take the stand.
Judge Emerson declined to explain his decision. He said he would work to make sure each side had equal time on the clock to present their cases. County spokesperson Effie Milionis Verducci said a clerk is keeping track of the time each side is speaking.
On Monday, the county's legal team with Keker, Van Nest & Peters, called on witnesses to testify but requested an early recess, telling the court they had "run out of witnesses" around 4:15 p.m. They asked to resume Tuesday morning.
The defense said that would leave three and a half days for their witness list.
Testimony from Deputies' union president
During the proceedings Monday, the county called on six witnesses, including the Deputy District Attorney Shin-Mee Chang and Deputy Carlos Tapia, president of the Deputy Sheriff's Association, a key witness who has been an outspoken critic of Corpus.
Tapia testified that he had voted for Corpus and said at first, he had a good working relationship with her when she became sheriff.
Tapia said, however, he began receiving complaints about Corpus's close friend Victor Aenlle. Corpus had appointed Aenlle as her chief of staff and continues to defend him, denying allegations of favoritism and a romantic relationship.
Tapia testified he began receiving complaints that Aenlle created a culture of fear among the rank and file, and the union members voiced concerns that Aenlle was overstepping his civilian post, by wearing a uniform and gun even though he was not a sworn officer.
"He [Aenlle} was in charge of civilian staff, but he was making decisions regarding sworn staff," Tapia said.
Tapia said the union took a vote of no confidence in Aenlle, where 306 members did not support him and 12 members did support Aenlle.
The defense asked about Tapia's arrest for incorrect time card entries. Tapia was released from custody after District Attorney Steve Wagstaffe said there were time card inconsistencies, but they did not rise to criminal intent.
Time is running short. The board ruled that the administrative hearing must end within 10 days.
Judge Emerson will then have 45 days to reach a recommendation to present to the Board. The Board, which has already voted to fire Sheriff Corpus, will then make a decision and do not have to follow Judge Emerson's recommendation.
Taxpayers paying the legal costs
KTVU has learned that taxpayers are paying the legal costs for both sides.
"The county is covering the sheriff's legal defense fees with regards to [the] attorney firm that she's using," Effie Milionis Verducci, a San Mateo County spokesperson said, referring to the law firm Murphy, Pearson, Bradley and Feeney.
Corpus's courtroom attorneys include Christopher Ulrich, James Lassart, Mariah Cooks, Matthew Frauenfeld, Thomas Mazzucco, Philip Kearney Jr., and Wai Shun Wilson Leung.
KTVU learned that Corpus's other attorney Tom Perez, former U.S. Secretary of Labor and DNC Chair, is also on her legal team, but is not being paid by the county.
"In terms of how much cost the county is bearing, that is under legal privilege and the county is not disclosing the cost at this time," Milionis Verducci said.
The hearing is scheduled to resume at 9 a.m. Tuesday at the San Mateo Hall of Justice.
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