Valley Voice Issue 94 (1 June, 2017)

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Volume XXXVII No. 11 • 1 June, 2017

www.ourvalleyvoice.com

Visalia Settles Wrongful Death Suit in 2012 VPD Shootings Dave Adalian The city of Visalia will pay an undisclosed amount to the survivors of two men killed by police in October of 2012 to settle a federal wrongful death suit. Late on the night of October 26, 2012, 19-yearold Eduardo MadEdwardo Maduena. uena and 22-yearold Ruben Molina, both Earlimart residents, were shot to death in a dirt field in Goshen by Visalia Police Department officers after a chase that began in downtown Visalia. While attorneys for the officers involved were prepared to argue one of the Ruben Molina. pair fired first, the evidence as it appears in filings does not seem to support that conclusion. Maduena, who was fleeing the scene

on foot, was shot once in the back of the head, according to documents filed in the case. Molina was shot repeatedly as he crawled from the wreckage of the overturned car he was driving, court documents filed by the plaintiffs say. Similar settlements in Fresno and Tulare counties in the recent past have yielded payouts ranging into the millions of dollars. Terms of the settlement include keeping the payout amount confidential, as well as restricting parties to the case from discussing it. However, many of the documents filed in the case remain available online from various sources.

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Hanford City Councilmembers Sue Sorensen and Francisco Ramirez now face recall efforts.

Referendum Against Hanford’s New Zoning Ordinance Filed A vocal group of Hanford advocates for Hidden Valley Park are keeping their promise. During the April 24 Hanford City Council meeting the council passed a new zoning ordinance that changed the designation of the undeveloped 18 acres of the park from public facilities to low-density residential. Because of the zoning change the group promised a referendum and/or a recall. A referendum on the zoning ordinance was filed mid-May and a recall ef-

Mooney Grove Park/Personal Injury Case Against County Dismissed Catherine Doe A civil suit filed by Mary Bryant, founder of The Real Mooney Grove Project, against the County of Tulare was dismissed during a hearing May 25. Tulare County Superior Court Judge David Mathias dismissed all causes of actions but left the door open for her to re-file. Bryant’s suit accused the county of mismanagement in running county parks, personal injury and wrongful death. Her accusations of mismanagement include: killing of federally protected wildlife, engaging in unfair bidding practices, violating the clean water act of 1977, and the mismanagement of Mooney’s oak preserve leading to the loss of several dozen mature oak trees. The county countered that Bryant’s “complaint does not state facts sufficient to constitute a cause of action.” The Defendant’s (County) notice to demurrer states, “The Complaint basically alleges that Tulare County engages in unlawful behavior causing harm to county parks. Plaintiff (Bryant) must allege a minimum factual and legal basis for each claim that is sufficient to give the defendant fair notice of what plaintiff’s claims are and the grounds upon which they rest. Plaintiff’s Complaint is not only uncertain, i.e. ambiguous and unintelligible, but no facts are included. Plaintiff fails to state any facts or provide any information whatso-

ever to support these causes of action.” Bryant disagrees and she plans on pursuing her suit. Her case includes seven causes of actions, the first two concern Tulare County Parks and Recreation Director Neil Pilegard’s violation of the California Fish and Game Commission. In her case Bryant alleges, “On one or more occasion, Tulare County park employees were seen driving their trucks over the migratory geese and waterfowl residing in Mooney Grove Park with clear intent to maim or destroy the targeted animal. Neil Pilegard was seen using a crossbow to kill or maim migratory geese. Josh Franklin brought a dog to Mooney Grove Park, allowed the dog to run loose around children and other adults attempting to enjoy the park. To the horror of the people within view of the employee’s loose dog, they watched as the dog viciously attacked the waterfowl residing in the park. For those birds who were not quick enough to escape the attack, they were torn to shreds in full view of onlookers, which included the child, the child’s parents, one former employee and his girlfriend.” Clyde Slusser, who worked under Pilegard when he was the Senior Parks and Grounds Worker, said that Pilegard told him he had permission from the Fish and Game Commission to hunt ducks with a bow and arrow.

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Catherine Doe fort against Sue Sorenson, whose district includes the park, is being organized. The decision to follow through on the recall is still up in the air. The city officially filed the new zoning ordinance on May 2, giving the Hidden Valley Park advocacy group until June 1st to hand in 3,300 signatures. Mark Pratter, a familiar face at city council meetings, said that the group plans on

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Dr. Parmod Kumar speaks at a Southern Inyo Healthcare District Board of Directors meeting. Tony Maldonado/Valley Voice

Tulare Hospital Lawsuit Continues in Second Week Attorneys for Tulare Regional Medical Center (TRMC) are back in court as the trial between the hospital and its former medical executive committee (MEC) continues in its second week - after nearly a month’s break. Lawyers for the former MEC and medical staff claim that the move to replace them was unlawful and retaliatory, while lawyers for the hospital contend it was not only appropriate but necessary to keep the hospital’s doors open. Dr. Parmod Kumar took the stand Wednesday, testifying for the hospital’s defense in the suit. Kumar, a long-time hospital board member currently facing a recall election, has emerged in testimony throughout the suit as a pivotal figure in creating the new medical staff.

Tony Maldonado

Meeting At A Friend’s

After providing testimony on cross-examination, the judge in the case, Hon. David Mathias, asked Kumar about a point that had came up -- drafting bylaws and rules for the new medical staff. Kumar told Mathias that the bylaws were created before the Jan. 26 board meeting in which board members, with Kumar abstaining, voted to install a new medical staff/executive committee. The core group of the medical executive committee, Kumar told the court, had met to decide a path forward after what hospital administrators considered a disastrous verbal report from Dr. Everett Davis, an inspector with the

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