July 4, 2013
Mattos, Editor and Publisher
Leroy Pyle, Webmaster
The Farsider is an independent publication that is not
affiliated with the San Jose Police Benevolent
Assn. The SJPBA has allowed the Farsider to be included on its web site solely
for the convenience
of the retired San Jose Police community. The content of this newsletter does
not represent or reflect
the views of the San Jose Police Benevolent Association's Board of Directors or
The BART strike, Zimmerman
trial and Gay Rights decision by SCOTUS have monopolized the news this week. The
only thing we came up with on the subject of police pensions was this article
sent in by Jim "JC" Carlton, who thought some of you may find it of interest.
It's titled "Thoughts from a Pension Spiker" and was posted on the Phoenix Law
Enforcement Assn. website.
THE TRIALS AND
TRIBULATIONS OF SAN JOSE AND THE SJPD
seems likely that those of you who are POA members will be receiving a
Membership Alert via e-mail later today or tomorrow advising that the
arbitration battle with the City was lost and what the next step calls for. NBC
Bay Area News was the only media outlet we could find that broke the news as we
were going to press at 7:30 a.m. this morning. The early edition of this
morning's Mercury News was void of any details. The link below should take you
to the video of the news that aired last night on the 11 p.m. broadcast of KNTV
NBC Bay Area. It includes a brief interview with former A/C Tom Wheatley. If the
video doesn't play, a transcript of the broadcast appears below...
San Jose Police
Union Loses Arbitration
Battle with City, Exodus of Officers Feared
By Damian Trujillo
KNTV Bay Area News — July 3, 2013
More than 50 San
Jose police officers have either retired or resigned this year alone. Many are
frustrated over decreasing pay and benefits. Now, sources tell NBC Bay Area
there may be a new exodus.
The worry comes after an arbitration ruling in a labor battle between the city
and the police union. Multiple sources tell NBC Bay Area the arbitrator ruled
against the San Jose Police Officers Association. The verdict is confidential
for 10 days from that ruling.
But, well-placed sources tell NBC Bay Area, police officers will have their
accrued vacation time capped. The officers’ ability to cash out sick time will
also be capped.
The sources say the officers will not get back the 10 percent in pay they gave
up to help the city balance its books during the recession.
“That worries me,” said former SJPD Acting Chief Thomas Wheatley.
Wheatley spent almost 31 years on the force and worries what the arbitrators
ruling will mean for the department that was once one of the elite departments
in the nation.
“It’s going to hurt,” said Wheatley. “I just hope it’s not going to hurt for a
long time where it becomes acceptable to be just an average department.”
Willow Glen Neighborhood Association President Richard Zappelli said he too is
worried. He said he has seen a rise in home and car burglaries in Willow Glen.
Zappelli said his concerns are echoed by neighborhood associations across the
“I’m very concerned about the fact that our police department is very
shorthanded right now. We’ve got a lot of problems, unbelievably, in Willow Glen
right now,” said Zappelli.
The city manager’s office confirms with NBC Bay Area that a verdict is in, but
the city charter prevents the city or any other party involved in arbitration
from disclosing the verdict for 10 days.
Both sides can still negotiate a better deal during that time, but the verdict
in this case becomes binding July 11 at 2 p.m.
However, both sides can still agree to extend the 10-day waiting period.
Morale, retention and recruitment are already hurting on the force. Wheatley
fears it could get much worse.
Last Week's Poll Results
For the most recent Rasmussen Reports releases, click here:
The historical SJPD story about the robbery involving Hal Chapman and John
Mattern on Stockton St. reminded me of an experience in the late '60s. Many
officers from that era will remember Doug Cotterall, who worked at the SJPD for
6 years, from '64 to '70. Doug was in the National Guard and worked full time as
a San Jose cop. During the Berkeley protests over Vietnam one year at People's
Park, Doug was called up by the Guard for riot duty for a number of days. I was
his roommate at the time, and we lived in a run down ranch in the Milpitas
One day in Berkeley, Doug had been relieved from his guard duty post and allowed
to take a break. His unit had been camped near the marina, and he and his fellow
guardsmen had been told not to leave the area. But when Doug saw some kids
fishing on the pier, which was out of bounds, he found some fishing line and
joined them. Someone eventually began looking for Doug and he was found sitting
on the pier with a line in the water. The CO, who didn't like Doug's
independent attitude, convened an immediate mini court marshal, and Doug was
placed in a jeep and transported back to Santa Clara Co. where he was booked
into the county jail for dereliction of duty.
Not surprisingly, the sheriff's deputy knew Doug and allowed him call me and
give me the news. When I received the phone call I had no idea what to do. I
was 23 and pretty green at the time, but I knew that a stint in jail was not
good for a cop, and that his job at the SJPD would be in jeopardy.
Someone — I don't remember who — persuaded me to call John Mattern, a former
San Jose cop who had become an attorney. John listened to the story with
interest and said he would see what he could do. I heard later that he called
the commanding general and worked things out for Doug's release.
Doug spent a few hours in the holding cell before being released for a return
ride in the jeep to Berkeley, where he was greeted by a furious CO who had been
embarrassed by his superiors and forced to rescind his decision. Doug finished
the riot duty assignment with the Guard and returned to his SJPD job safely.
I called John Mattern a few days later and asked him about his fee. He waived it
and wished Doug good luck. At the time I remember thinking what a generous
gesture that was, and that it meant a great deal to Doug.
John had a great reputation after leaving the PD. He worked at the Santa Clara
Co. DA's office and helped ex-PD guys like me who had gone through law school
get hired as Deputy DAs.
With regard to Larry Otter's story, thank God John was a better shot than the
robber from Colorado.
After reading the story in the Farsider I made contact with Doug and we spoke
for the first time in years. He is still living in San Jose.
I love these historical stories, especially now that the statutes have run their
course and we get to hear the facts.
• • • • •
I'd like to offer my thanks and gratitude to the generous members of the PBA who
donated to the Special Olympics at the June 20th PBA meeting. I made a motion at
the meeting that the PBA make a donation of $350 to cover the lunch expenses for
the officers that ran the torch, the Special Olympic athletes and the
volunteers. As it turned out, I was able to withdraw the motion when John Carr,
Sr. personally donated $100 which sparked donations to the Special Olympics from
other PBA members.. The donations totaled $980, which not only shows the
wonderful character and heart of the PBA members, it also shows that supporting
the courageous athletes of the Special Olympics is an exceptional cause!
If anyone else wants to get in on the action by donating, they can contact me or
go o- line and make a donation to the Special Olympics under the SJPD Torch Run
team at <www.torchrunsonc.com>.
• • • • •
Can you post this request for me?
"Martinelli & Associates, Justice & Forensic Consultants, Inc. is seeking a
qualified and highly experienced retired dispatcher with either senior or
supervisory dispatching experience to work with on a case by case basis with our
forensic team of experts as a non-disclosed consultant. Guaranteed interesting,
high-profile civil cases while working from the comfort of your home. No travel
required. Pay commensurate with education, training and experience. If
interested, please contact our firm via email with a letter of interest
outlining your training and experience and a resume."
Martinelli & Associates: Justice & Forensic Consultants, Inc.
27475 Ynez Road, Suite 716
Temecula, CA 92591
• • • • •
I have been wanting to look for info about my uncle's WWII service, but I was
too cheap to sign up for Ancestry.com. While reading e-mail on Memorial Day I
saw an invite to search military records for free, but on that day only. Had I
known about it in advance I would have sent info about it to the Farsider. At
least I had my chance, and luckily my uncle had a very uncommon name (mom's side
of the family), so finding his record was easy.
Growing up in the '50s, I always knew he was in the Pacific during the war, but
he never talked about his experiences. Reading his service record gave me a idea
as to why he was not keen on talking about it. He was a radio/radar man on a
Fletcher class destroyer named the USS Bennett (named for naval aviator Floyd
Bennett). He was on board for the invasion of Iwo Jima, during which the ship
suffered minor damage from a Kamikaze. The ship was next deployed for the
invasion of Okinawa, during which it took a direct hit by a Kamikaze, killing 7
sailors. Although the Destroyer was saved, it was badly damaged and sent back to
Pearl for major repairs. The war ended soon after, and my uncle made it home
safely, but I was glad to learn he participated in such famous, critical
Those who are interested in such searches and are able to find a relative on
Ancestry.com, their service records are very complete, showing each change of
assignment and location. Perhaps the website will offer another freebie next
Memorial Day. WIkipedia.com also has detailed service records for most Navy
ships categorized by name.
THE HISTORY OF THE
SJPD SHALL NOT BE FORGOTTEN
The Good, the
Bad, and the Ugly
It was a rainy afternoon in San Jose. Lt. Phil Norton, Sgt. Doug Wright and I
were downstairs in Manny’s Cellar, a local Italian eatery and general cop
hangout. All three of us were SJPOA officers at the time and were meeting with
one of our local judges for a late lunch. Phil was also an attorney at the time,
but that’s another story.
We were sated with pasta and good fellowship as we left chatting and strolling
to the rear parking lot when we all simultaneously noticed that the door of the
judge’s car was open and someone, obviously a crook, was leaning inside. Phil
let out a bellow and immediately went for the crook with me just a few steps
behind. Doug, who was a very large guy and wasn't into running, stayed to
protect both the scene and the judge. Good thing he did.
The crook ran north around an abandoned building between St. James and St. John
as fast as he could. As Phil rounded the corner in pursuit from the asphalt
parking lot onto the wet concrete sidewalk, his leather soled shoes lost
traction and slipped out from under him so fast that he actually swapped ends,
his feet going higher than his head. In slow motion I saw and heard his head hit
an inconveniently placed parking meter post. It was an unhealthy, meaty sounding
thump. I knew it was going to be bad.
This was during my salad days when I was in good shape from running five miles
nearly every day. Phil was hurt, and there was no question that the crook had to
be run down. And run we did. East on St. James across Market Street and through
St. James Park, the scene of the infamous Hart Lynching from years past. Not
coincidentally, I had lynching on the mind and blood in the eye. We crossed
First Street at ultra high speed, Second Street at regular high speed. Third
Street at a slightly reduced high speed, and Fourth Street at a significantly
reduced high speed. What began as a hundred yard dash was proving to be a
Crooks are supposed to be dopers and in generally poor health, but this guy
thought of himself as Roger Bannister, and I was fast running out of steam. The
thought of returning to the scene of the crime empty handed was looming. Then at
Fourth and St. John, inspiration struck.
Of course I had no intention of shooting, but the crook didn’t know that. I was
panting badly and just about out of ideas.
The crook slowed to a walk, then stopped and put his hands in the air.
“Don’t....shoot,” he pleaded. I was relieved to see he was badly winded, too.
After cuffing him we walked back to the scene where we found an ambulance and
several police cars. Phil was still out cold and had bled profusely. Bigley’s
Body Bunglers (the local ambulance company) had him loaded up and was taking him
to the hospital.
I turned the crook over to the tender mercies of the uniforms at the scene for
processing. Phil, who was the POA President at the time, was very popular. Doug
and I retired to the Department to write reports. But Phil’s problems had just
It was dark when Phil woke up at Valley Medical Center (the county hospital,
a/k/a VMC). His head hurt like hell. Moving it from side to side he could see
other beds and patients. OK, so no private room. Summoning a nurse with the
pillow-side buzzer produced confusing results.
“I really hurt, could I have some water and something for the pain?” Phil asked
a nurse. Seemed like a reasonable request to Phil.
“Humph.” The nurse turned and walked stiffly out of the room.
The mystery deepened when, upon examination, Phil's next door neighbor proved to
be a well known member of the Hell’s Angels.
Puzzled and reaching up to check the dressings on his head, Phil found his wrist
handcuffed to the bed railing. Without any knowledge of what the plan was, he
knew this was not part of it.
Phil was in the jail ward.
Phil dared to summon Nurse Ratchet. When she appeared he tried to whisper his
“Uhhh, I shouldn’t be here...”
“WHAT? SPEAK UP!” Ms. Ratchet now had the entire room awake.
“Ummm, I think there has been a mistake...”
“Yeah, sure. Mistake. That’s what they all say. Yer innocent.”
“No, I’m uhhh, a uhhh, ummm.” Phil didn't dare say cop in the presence of this
fellow inmates and their baleful stares.
He improvised. “I’m a victim,” he said softly. Snorts of derision followed.
“Yeah, a victim of society,” Ratchet deadpanned.
“I need to talk to you in private.” Phil was getting worried.
“You can talk to me here or not at all.” So much for the spirit of Florence
Nightingale. This place was, after all, jail.
Doug and I weren’t having any better luck. Going to VMC after finishing the
reports we couldn’t find our boss. They had no record of him. Maybe they took
him to a different hospital.
By the middle of the night Phil was disoriented, still in a lot of pain and very
confused by his role as a prisoner. Another nurse finally appeared out of the
gloom, offered him a glass of water and whispered some magic words. “We’re
getting a handcuff key and we'll get you out of here. Sorry.”
Upon being wheeled, unshackled, and into a private room, Phil soon showered with
the best amenities the hospital had to offer. The now ardent admirer in the
starched white nurse's uniform explained:
“Somebody misunderstood when you were brought into ER. It was a police case and
somehow you got labeled as a suspect.”
It the end it was Good that the crook was captured. It was Bad
that the POA President was knocked cold chasing him. And it was Ugly when
Phil found himself handcuffed to his hospital bed next to a Hell's Angel.
URBAN LEGEND UPDATE AS OF JUNE 29, 2013
The facts behind the legends, information and
misinformation that has or may show up in your inbox
• The opening of the George Zimmerman trial has
prompted the recirculation of purported photos of victim Trayvon Martin.
• Do hospital mortality rates go up in July due to an influx of inexperienced
• Video shows a seal being grabbed by a shark as it was being re-released
into the ocean?
• Photograph shows U.S. Air Force jets celebrating a
Supreme Court ruling regarding the Defense of Marriage Act?
• Does an immigration reform bill provide young people with free cars to
transport them to their jobs?
• Photograph purportedly captures children who beheaded their mother on
• Did a food writer lapse into a butter-induced coma after consuming 413 Red
• Will posting a legal notice on your Facebook wall protect your copyright
and privacy rights?
• Did Albert Einstein once say that segregation was a 'disease of white
• A burglar discovers a suicide in the home he'd broken into.
• A list of 'A Country Founded by Geniuses but Run by
Idiots' entries is attributed to comedian Jeff Foxworthy.
• A review of IRS procedures found thousands of tax returns linked to the
• Did actor Jackie Chan fall to his death while filming
a movie in Austria?
• Did the NFL's Julio Jones and Drew Brees break both their legs in
• Don't forget to visit our Daily Snopes page for a collection of odd news
stories from around the world!
Worth a Second Look
• Essay outlines the fates of the signers of the Declaration of Independence.
Still Haunting the Inbox
• Check out our 25 Hottest Urban Legends list to keep abreast of what's
circulating in the on-line world.
• Visit our Top Scams page for a list of schemes
commonly used by crooks to separate the unwary from their money.
THE LIGHTER SIDE &
OTHER ODDS AND ENDS
Want a peek at the new CHP
vehicle that will soon be patrolling California's roads and freeways? (Yes,
without a black body and a white roof they will be harder to spot in your rear
view mirror.) Step inside Jay Leno's garage and the host of the Tonight Show
will also show you some classic CHP patrol cars from the past.
• • • • •
Don Hale asked if we had
passed along this clip about concentration yet. The answer is not until now.
This is a performance where a cough or a sneeze would ruin the entire act.
• • • • •
This clip sent in by Paul
Gardner should bring back some fond memories. After all, who didn't have a
little red Radio Flyer wagon as a kid? (3 Mins.)
• • • • •
Want to have
some fun with your grand kid(s). Choose one or more of the following simple
tricks and bet the kid an Oreo cookie. (3 Mins.)
• • • • •
Speaking of tricks, watch
this clip received from Alice Murphy if you enjoy sleight of hand. The guy's
good. (4 Mins.)
• • • • •
We'll wager that most of
you have never heard of "Prince Rupert's Drop." If you want to see something
scientifically amazing, have a look at this clip we received from Tom Macris. We
doubt you will understand the science in the last half of the video that left us
clueless, but the first half has some amazing video footage.
• • • • •
Here is a link worth
clicking on if you want to see a new and refreshing twist on the art of
ventriloquism. (7 Mins.)
• • • • •
Watch this young lady and
you will see why Zip Ties used in mass arrests should never be applied with the
hands in the front. (50 Secs.)
• • • • •
You golfers who are fans of
Rory McIlroy should enjoy this competition between him and a golf robot.
• • • • •
If you have not yet been
exposed to this amazing antique German desk or cabinet that was handcrafted with
simple tools over 200 years ago, you should consider watching this clip received
from Bob Moir. (2 Mins.)
• • • • •
As some of you may be
aware, insurance fraud is so prevalent in Russia that most drivers have a video
camera mounted on the dash as evidence to refute false claims. This Russian clip
received from our NFL referee who is getting ready for another season on the
gridiron was uploaded to YouTube recently. It's one of several similar clips
available for viewing on YouTube by searching for "Russian Drivers."
• • • • •
Laughing when two racers
crash their motorcycles during a high-speed race is usually seen as insensitive,
but there are exceptions to every rule. (Note that while tempted, we have
refrained from making a suggestive comment about the two bikes doing the
"honeymoon jig.") (2 Mins.)
• • • • •
Although our grandfathers
may not have had cars with 4-wheel drive, one could argue that back in the '20s
they weren't needed. Have a look at this clip from Don Hale.
• • • • •
The recent tornadoes that
devastated parts of the Midwest reminded us of this clip we ran almost four
years ago that shows the power of a twister. The video was taken by a
rearward-facing camera mounted atop a rail car on a freight train. Watch what
happens about one minute into the footage, after raindrops appear on the camera
lens. (2 Mins.)
• • • • •
Speaking of tornadoes,
we'll wager that you have never seen one comprised of fire until now. In
addition to "Fire Tornado," the rare phenomenon also is known as a "Fire Whirl"
and a "Fire Devil." Have a look at this Australian footage shot last year.
Curious about this phenomenon? Click on this Wikipedia link:
• • • • •
The Great Dane Pro website
is renowned for its patriotic and spiritually beautiful presentations, and this
one received from Chuck Blackmore reportedly sent a tingle down the retired
sergeant's leg that was nearly as powerful as the tingle that almost gave Chris
Matthews an orgasm the first time Barack Obama was elected President.
Here's another sampling
from the website that is one of our favorites. It's comprised of photos with a
space theme that includes several taken with the Hubble space telescope. The
presentation is accompanied to the beautiful instrumental titled "Somewhere in
Time" by Roger Williams. (4 Mins.)
And here's a
second sampling titled "Beautiful Women of My Time." (6
To see other
presentations, follow these steps:
Select "My Directory"
Choose from any of the titles in the alphabetical pull-down menus
at the top of the page and enjoy.
• • • • •
Pic of the Week
Would the family pet prefer to ride with Mom or