Homophobia in Mendocino County, California
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Deposition Excerpts

The following excerpts were taken from video depositions and tape transcripts in the federal lawsuit Marc Tosca v. County of Mendocino (Case No. C003836 SBA, United States District Court, Northern District of California).

The cast of characters representing Mendocino County, all of whom were served with Federal Subpoena, to testify in their respective video taped depositions...

Mendocino Superior Court
Judge [retired] Conrad L. Cox
Mendocino District Attorney Office
Chief investigator Timothy Kiely
Staffer William Rutler
Chief Deputy DA Myron Sawicki
District Attorney Norman Vroman
Mendocino County Sheriff Department
Deputy [former] Andrew Cash
Deputy Joseph A. DeMarco
Sgt. Marc C. Mitchell
Deputy Scott Poma
Deputy [former] Frank Rakes
Lt. Kurt Smallcomb
Deputy [former] Christy Stefani
Sgt. Jim Van Hagen

Chief DA Investigator Timothy Kiely in his deposition was asked why Deputy Andrew Cash had been chosen as the decoy in the sting operation, responded in that he (Cash) was known as "Baby Face Cash", "He looks so darn young" (page 174, line 22).

Upon Chief DA Investigator Timothy Kiely being asked of "Baby Face Cash":

"Does he look gay?"
Chief DA Investigator Kiely responded;
"Oh, he'll KILL you for that."
(page 175, lines 5 and 6)

So there you have it, in "YOUR" community, a "Peace Officer" would "KILL" a person, simply because said person thought that the Peace Officer looked "GAY". Such outrageousness, in whatever form of pathetic, sick, and distorted humor from a "Peace Officer" is despicable.

Chief DA Investigator Timothy Kiely and his defense attorney, former Mendocino County Counsel Galen Gentry, both in the name of a "Blow Job", went into hysterical laughter (entire incident videotaped). They ceased their laughter only after plaintiff's attorney sternly admonished them, "This is not a humorous situation." (page 133, line 17)

Lt. Kurt Oren Smallcomb (approximately 20 years with the MCSD), Officer in charge of the 9/24/98 sting operation, at his deposition upon being asked:

Q: "Are you familiar with the law enforcement structure of the State of California" (page 10, line 9/10)
A: "If you could ask me a little more" (line 14)
Q: "Certainly. Legally, who is the highest ranking law enforcement officer in the State of California?" (line 15/16)
A: "I would be GUESSING if I said who it would be." (line 17)

Former MCSD Deputy Andrew Cash, the "decoy" in the sting operation, riding in Tosca's vehicle, having been advised of the salary and duties of the position for which he was applying, just the same, responded:

"WHATEVER will pay the bills, I CAN DO."

(from transcript of conversation between Deputy Andrew Cash and Marc Tosca)

"FORMER" Deputy Sheriff Joseph DeMarco, who in fact started it all, him being ecstatic in going along with the hustler's program regarding THE F___ING QUEER, in his deposition was asked:

"Do you ever hope to get back into law enforcement?"
responded;
"Personally, no." (page 264, line 14/16)
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contact: marctosca@yahoo.com