A member of the Contra Costa County District Attorney's Office said Wednesday that investigators are reviewing all the cases involving a former Danville police officer, including the DUI arrest of prominent Tri-Valley winemaker Mitchell Katz.
Harold Jewett, senior deputy district attorney, said he and investigators are reviewing cases involving former Danville officer Stephen Tanabe.
Tanabe was arrested last week on drug and weapons charges and linked to the drug and conspiracy case against Concord private investigator Christopher Butler and Norm Wielsh, former head of the state-run Central Contra Costa County Narcotic Enforcement Team. All three, at one point, served on the Antioch Police Department.
Tanabe, who lives in Alamo, is free on $260,000 bail and has resigned from the Contra Costa sheriff's department, which provides police services to Danville.
Katz, a Livermore resident and award-winning winemaker with a winery in Pleasanton's exclusive Ruby Hill neighborhood, was arrested by Tanabe on Jan. 14 on a DUI charge after leaving The Vine wine bar in Danville.
The other arrests being reviewed include that of a 44-year-old Martinez man and a 47-year-old Oakland resident.
No charges have been filed against Katz, 47, or the other two arrested in the so-called "dirty DUI" scheme, because of the internal review and because of a staffing shortage in the district attorney's office that has created a backlog in the filing of misdemeanor cases, Jewett said.
On the night of Jan. 14, Katz was at the Vine Bar discussing a deal regarding a reality TV show, according to a March 4 affidavit filed by investigators seeking to search Tanabe's home.
That night, Tanabe was on patrol in Danville with a reserve officer with the Contra Costa sheriff's office. The deputy told investigators that Tanabe received eight to 10 calls from someone Tanabe identified as his "PI friend."
It sounded as if Tanabe was receiving updates in the calls about someone who was drinking at The Vine, the deputy said.
That someone would turn out to be Katz, according to the affidavit.
It sounded as if the private investigator was giving Tanabe updates on Katz’ sobriety, according to the deputy.
The PI, believed to be Butler, apparently gave Tanabe a description of the white pickup that Katz would be driving, the deputy said.
After locating the vehicle, Tanabe found a location close by from which he could hide his police car, according to the affidavit. The reserve deputy, William Howard, said a short time later Katz left the bar and approached the pickup. Howard said that Tanabe confirmed with Butler that the individual at the pickup was the intended target.
Katz then drove the pickup a short distance, parked it and returned to the bar. A short time later, Katz left The Vine again, got into his pickup and drove away.
When Howard asked him what was going on, Tanabe told him they were about to conduct a “dirty DUI” stop on Katz.
As Katz drove away, Tanabe followed him in his patrol car. When Katz made a right turn without signaling, Tanabe pulled him over, according to the affidavit.
Tanabe then arrested Katz on a charge of driving under the influence.
, who owns McGrail Vineyards and Winery in Livermore, confirmed that he is representing Katz but said they had no comment at this time.
According to family court records filed in Alameda County Superior Court in Hayward, Katz and his wife, Alicia Spenger, are going through a divorce.
Contra Costa district attorney's investigators said that Spenger paid Butler about $5,000 to investigate her husband, according to the Contra Costa County affidavit.
Katz and Spenger have been married for 20 years and have two sons, court records show.
Katz first began producing wines under the Jackson Cellars label in 1998, and he and Spenger opened the in 2002 at Ruby Hill, 1188 Vineyard Ave., in Pleasanton.
Katz's wife worked at the winery until he fired her in November, according to court records.
In an Alameda County Superior Court memorandum filed March 7, Spenger said that her husband has been meeting with investors and is considering selling the business.
She is working with two Pleasanton attorneys, Bruce Jobson and Staley Jobson, to gain her share of the estate, court records said.
In a motion filed in Alameda County court March 8 regarding child custody, child support, visitation, spousal support and management of business, Katz was awarded exclusive temporary management and control of the businesses the couple own.
In the meantime, Katz and Spenger must meet with a mediator to determine a custody schedule for their children.
In another dirty DUI case, one man told the San Francisco Chronicle that his time with his children has been reduced as a result of his arrest, which Butler reportedly set up.
In the Contra Costa County affidavit, Howard told Tanabe that he felt sorry for Katz because his arrest could affect his chances of getting on the reality show.
Tanabe told the officer not to worry because the whole thing was a “set-up." Tanabe explained that Katz needed to be “dirtied up” for a court date, according to the affidavit.
Dirty DUIS in Danville, Clayton and Concord
Katz' case is just one of several that have come to light in recent days involving DUI arrests in Danville, Clayton and Concord.
In all of the cases, prosecutors have said, Butler would hire attractive women to drink and flirt with men going through divorces and then tip off local law enforcement officers.
Citing the ongoing investigation, Jewett declined to comment on whether Tanabe's reported association with Butler in targeting men for DUI arrests constituted a criminal violation. Jewett also would not say if Norm Wielsch, the drug force commander, knew about the effort to target men for DUI arrests. Wielsch and Butler were friends from working together in the Antioch Police Department.
A former East Bay resident who did not wish to be identified spoke with Patch by phone about her encounter with Butler, who she said she was referred to by San Ramon attorney Mary Nolan. She said she hired Nolan in 2009 to handle her divorce.
The woman, whose divorce became final recently, according to Contra Costa County court records, said that her "skin crawled" when Butler told what he could have done to her then-husband, including planting drugs in his car and, if needed, destroying his car by pushing it over a cliff.
She said Butler also told her he had broken into the home of a Marin County millionaire, put spyware on his computer and planted drugs in the house.
Butler's attorney, Bill Gagen, reached by phone Wednesday, would not comment on the accusations made by the former East Bay resident.
"I don't want to get ahead of the case," he said.
Gagen, whose practice is based in Danville, said that the "dirty DUI" cases aren't nearly as important as the drug case accusations levied against Butler and Wielsch, who've been charged with 28 counts including conspiracy and stealing and selling drugs.
"They pale in comparison to that," Gagen said, adding that the DUI cases aren't nearly as "widespread as some might think."
After her meeting with Butler, the former East Bay resident said she told Nolan, "You've got to be kidding." She said Nolan told her that Butler "works for all her clients and does an amazing job." She said she had Nolan removed from her case at her next court hearing.
Contra Costa County family law records show that Nolan represented Butler in his seemingly amicable 2008 divorce from his wife of 17 years. Unlike some of the divorce cases Butler inserted himself into, he and his wife, who had no children, mutually agreed to split up their joint assets. They also agreed to let each hang on to their separate assets, such as Butler's private investigations firm, Butler and Associates, and their pensions through their jobs, including any pension Butler would receive from his time as an Antioch police officer.
The California State Bar Association, which oversees the state's attorneys, said Nolan is in "good standing," according to the Attorney Complaint Hotline, and that whether there is any pending investigation related to her conduct is confidential.
A Patch reporter who met Butler at his Concord office in 2007 while working for a print publication said he asked her if she was interested in being a decoy and whether she'd be "comfortable kissing a much older man."
He then told her he was working with the conservative site biggovernment.com and was looking for decoys by posting ads on sites such as Craigslist to help with stings similar to the one in which a pair of decoys pretended to be a prostitute and pimp and asked ACORN for tax advice.
At the time, Butler was riding high from being featured in People magazine and having a TV show about his "PI Moms" in the works.
He told the reporter that he only employs women because they're intuitive and make natural private investigators.
Enojado
Too few of our police officers are former military servicemen and women. Those with a military background, have nothing to prove, treat the citizens with respect, and have washed away any notion that they'll be hood sliding like TJ Hooker while on the job. They are more professional and less likely to be an active participant in schemes such as this one. At least four years of military service should be a prerequisite to becoming a police officer. We also need to reduce their ability to collectively bargain. Their power has grown too large, been misused, and it's time for restructuring.
How dare you paint all police officers as tainted just because there happen to be a few bad apples in the news right now! Your bias is showing when you say that "US citizens no longer trust their law enforcement". What is your proof? Where are the stats to back up your statement? Who do you call when you have a problem? That's right.......the guy who carries the gun and very often puts his/her life on the line for you and your family. Yes, their unions may be strong but is that a sound reason to condemn all duly sworn officers who have to deal with the scums of the earth or be the one who has to tell a family that their child has been killed by some thoughtless drunken driver? In a word, their unions have nothing to do with the quality of the officers and the service they provide to all of us. I, for one, respect, honor and admire all of the law enforcement officers that I know and thank them as often as possible for their service on my behalf.
Chris, get a grip and maybe stop watching/reading the news for a while. A few bad apples and ongoing contract disputes do not equal, in any rational person's mind, a loss of respect for an entire institution.
DA. Should pull all case filed in CCC by Mary Nolan and he will find plenty of evidence of other mis-deeds.
I agree with most of your comments except about the unions. Today's society is much different than it was in the 30's and40's when unions were very important to insure work places were safe, and workers were well represented. If you haven't seen the movie "waiting for Superman" i highly recommend it. It highlights the overwhelming problem the Teachers Union presents in making our schools more effective. It is almost impossible for a principle to fire a teacher for performance. Therefore we are stuck with many ineffective teachers who are simply moved around the school district. The same can be said for other unions. It is incredibly difficult to remove an enforcement officer unless he breaks the law. his attitude towards citizens, effectiveness on the job, etc, are difficult to use. As someone who survives in the workplace purely by my ability to built effective teams of people, and deliver measurable results, I really struggle with this. So let's not categorically defend all these guys. I think there are many bad apples, and lots of apples that are very sour simply because to remove them from the job is so difficult. Would a police officer act differently towards the citizens of the community if they felt every one of us was able to grade their performance. There are not too many "life on the line" moments in the east bay. I think the average military enlisted man or officer would and does show greater professionalism on a daily basis.
As the daughter of a self-employed farmer, wife of a managerial employee who also made his living 'building teams of people and delivering measurable results' for over 30 years and a lifelong Republican, my point was not to defend the unions in any way. I agree with you that unions are not as important as they used to be years ago in protecting workers' rights. I also agree that powerful unions and their leaders are responsible for much of what ails our schools and other taxpayer supported entities. That said, I still cannot condemn entire groups of any type of public employees, or private employees for that matter, just because there are some who have crossed the line and betrayed public trust. Not all investors are of the ilk of Bernie Madoff so to infer that police officers as a whole do not feel a responsibility and total commitment to the citizens they serve is utter BS. To say that 'average military enlisted' men/women are more professional is also an argument full of holes. One only has to remember some of the recent scandals within the military to see that some members there are also dishonest and corrupt. But you don't condemn and dishonor the entire military establishment because of their isolated actions. Like it or not, every time a police officer puts on his/her uniform and reports to duty it is a 'life on the line' moment no matter where you live. For this they deserve our respect and admiration unless proven otherwise by their own actions.
"Can there be any doubt why US citizens no longer trust their law enforcement?" I don't see where I said anything about ALL Us citizens. "Too many officers" and "Too few of our police officers" is hardly painting ALL officers as tainted. I very clearly point out that I believe officers with military backgrounds make better law enforcement. They have more experience and conduct themselves more professionally. How is any of this discoloring an entire group of people? The answer is that it's not. Am I biased? Yes, I'm biased toward having law enforcement that doesn't act on its own behalf, doesn't take advantage of its position for personal gain, and protects the citizens who pay their salaries with respect. I guess you've got me there. Where is my proof? Stats require numerical data, and as soon as they stop counting the cases of cops going over the line across the country, then I'll be happy to run some stats for you. The important thing to remember here, is that we all know that police afford each other a level of courtesy which the rest of us don't get to enjoy. It's one of life's unspoken truths. Not spoken due to fear of repercussion and harrassment. As mentioned, we're not in an area in which police put themselves between scum and the populus to any large degree. Even so, it's a choice that person makes and the choice carries responsibility to discharge the duties in a manner commensurate with the public's expectations.
What exactly were you doing when you decided to reply? Were you watching/reading the news? Does that mean you need to get a grip too? Better yet, would you prefer that because we don't share the same opinion I should stop keeping myself informed of what's happening in the world so I don't become offended by the state of things? Yes, turning a blind eye will certainly make it all better. A rational person gathers data, interprets the data, disseminates the data as necessary, and executes the decisions made from the result of the process. It's exactly this process that will hopefully one day lead to improvements. So if you're advocating that we skip a step in the process and read more closely as I never said the entire institution was bad, yet you read the reply and jumped to her conclusion which tells me you are easily swayed and not thinking for yourself. This is one of the reasons educators put so much emphasis on reading comprehension. Understanding what you've read is just as important as the ability to read. Perhaps we can allocate some of the dollars going to law enforcement in our community toward education. That would be a neat idea. :)
David Dutcher
Although the actions taken may seem small and less overt than this case, it's no less troublesome when the average person feels as though law enforcement has conspired to relieve them of a few more tax dollars to protect their own jobs. Makes a guy feel powerless in a government structure which is supposed to give him and his neighbors ALL the power. The sad fact is that we've given it all away to big government, the tax collecting Sherrif, and a populous which is asleep at the wheel. It almost sounds like a really bad version of Robin Hood without the hero, but interestingly enough, I think both started because of religion. The first was a Holy War and this time it was a war against the holy. Once we allowed them to serperate God from our laws, the rest was easy.
However, the situation is bad enough as it stands. Inflated rhetoric that lacks credibility is rampant in many of the comments from those who are defending our justice system, as well as from those attacking it. Not only does this not help the problem, it discourages us from coming together and working to reform the institutions that we depend on to serve and protect us.
Seems this former officer took it upon himself to leave some stats. "Steve 1:32pm on Saturday, March 19, 2011 I worked and lived in Contra Costa during part of a 26 year law enforcement career. Now I am a P.I. elsewhere inthe state. These guys are disgusting! I get s*** from cops I know because my specialty is criminal defense. Why would I do that? So that the three out of ten cases that are bad because of bad police work or out and out criminal activity do not slide under the radar. For every ten good cops there is at least one bad one. And EVERY cop working knows it. But they get away with it. I always thought if you were a good cop watching abad cop do bad things, your wrong. Reporting wrongdoing within your own agency usually falls on deaf ears. Yes, 90% of the cops reading this will call me a traitor. The other 10%? Well, they are the true heroes and good guys!!"
Maybe disgruntled wives and husbands alike should think twice before they "pull the trigger".
When called, in Newark they first ask me "when were you last arrested" - the answer is "never"; then they accused me of being a "tweaker" - I didn't even know what that meant the first time and someone had to tell me; then they look for a bit of stray mulch on the sidewalk and attempt to equate that to the action at the drug house down the street and suggest that I could be fined if I don't clean it up while leaving the drug house alone. Meanwhile, we had thefts and other offenses up and down the street as druggies looked for money - all this within a block of the middle school Yep, it's great. When a frightening neighbor threatened physical violence against my husband, the police thought we should have hired the neighbor a lawyer who spoke his language to explain our legal case against him for building a fence 3' onto our property; insisted that we didn't want him arrested because "you all have to live here." Yep, Newark law enforcement has made me feel warm and fuzzy. They finally did something about the drug house after several years of complaints - but the druggies were only totally and finally gone after I investigated and advised the landlord of existing civil remedies we could use.