Sheriff Slander?

A Superior Court judge initially tossed the case against Cmdr. Joe Moses due to insufficient evidence to meet the threshold for malice against Scott Davis and Dan Mitchell, both public figures.

As the 2018 sheriff’s race was heating up between incumbent Sheriff Steve Bernal and his opponent, sheriff’s deputy and Salinas City Councilmember Scott Davis, a trio of Bernal supporters within the force called a pair of press conferences to make an announcement.

In front of television cameras on April 17, 2018, Cmdr. Joe Moses, who is now a candidate in the 2022 sheriff’s race, accused the local Deputy Sheriff’s Association, which had recently endorsed Davis instead of Bernal, of “potential fiscal mismanagement.” Moses went on to publicly accuse Davis and DSA president Dan Mitchell of using DSA money to pay Davis’ campaign manager, Christian Schneider. Moses used specific terms such as “fraud, embezzlement and campaign money laundering.”

Moses, and two other commanders who called a similar press conference, Archie Warren and Mark Caldwell, were not announcing official charges, only weighty accusations. The state Attorney General’s investigation found the accusations to be baseless. After Bernal won reelection, Davis, Mitchell and Schneider sued Moses, Warren and Caldwell for defamation, but a trial judge tossed the suit.

Now, as the 2022 sheriff’s race is heating up, the defamation case has been resurrected. On April 12, the state appeals court ruled that the lawsuit against Moses had enough legs to be heard in court.

(7) comments

Beverly Bean

There is a process in the Sheriff's Department if a deputy is suspected of a crime. It does not include calling a press conference and smearing the candidate, Scott Davis and Dan Mitchell, president of the Deputy Sheriff Association. Davis had just received the Deputy Sheriff Association's endorsement over the incumbent Sheriff Bernal. An investigation by the Ca Department of Justice found no merit to Moses' charges. Since Moses maintains that "what he did was right" he obviously does not know the rules of the Department that he wants to run.

Recently the appeals judges found that Moses et al. must pay Mitchell/Davis' attorney fees and the case must go to trial. Meanwhile the County taxpayers are covering the cost of defending Moses, a questionable decision by the Board of Supervisors. The Weekly did not emphasize any of these facts in its article. Investigative reporting by Royal Calkins ( Voices of Monterey Bay) and articles in the Monterey Herald give the straight story. Why is the Weekly (normally my go-to source) giving Moses an easy time, a photo op and a quote? We need integrity and reform in the Sheriff's Department, not more Bernal operatives and their lies.

Joseph Martinez

I completely agree with Beverly this article needs lots of work, hopefully there is a part two that actually covers in more detail.

I already voice my opinion with Sara Rubin, so let’s hope next weeks edition let’s the readers know the full picture of Joe Moses.

Joseph Martinez

https://www.montereyherald.com/2022/04/15/court-rules-against-monterey-county-sheriff-candidate-joe-moses

https://www.montereyherald.com/2022/04/15/fees-questioned-in-lawsuit-against-monterey-county-sheriff-candidate

https://voicesofmontereybay.org/2022/04/14/defamation-case/

mark sears

Far and away Jeff Hoyne is the best selection. Unfortunately the big power behind the (D)’s and (R)’s are pushing 2 different candidates. I pray the people just do a little bit of research on all the candidates because the difference is crystal clear

Daniel Mitchell

I was not interviewed for this article. None of my co-plaintiffs were interviewed for this article. This article takes statements from the candidate without any scrutiny, that the appellate judges used to make their determination. The candidate was determined by 3 appellate court judges to have questionable ethics and use of evidence and the facts. These comments by the candidate in the article appear to be continued defamation.

Joseph Martinez

I have to agree with the Courts…accusing your fellow coworkers in uniform of a felonious act in a public forum you know not to be true for your political gain and self serving needs is flat out pathetic!

The defaming with malice was all confirmed in a legal court in which Monterey County tax payers will be paying the attorney bill and heavy damages for these malicious acts.

Joe Moses should withdraw his candidacy and resign from the Sheriffs Office!

Daisy Williams

The appellate ruling did not merely rule "the lawsuit against Moses had enough legs to be heard in court." In a 16 page appellate ruling (unanimous ruling I might add) the 3 judge panel wrote ''(T)hey distorted the evidence in their hands in order to discredit Mitchell and Schneider and to derail Davis’ campaign for sheriff." In basic terms, they lied.

The mere fact that after all of the damage has been done Moses still has the gall to say he "would do it again" is disgusting. If he TRULY felt a crime had been committed he should have had a report taken and had it sent to his departments Internal Investigations division, all of which was never done. This is not something that should have to be explained to a Sheriff's Office Captain, who coincidentally was promoted AFTER these false allegations was made (I guess when you help your boss win an election a favor needs to be paid back?). One could only hope that Mr. Moses would see the error of his ways and apologize, however I can only imagine that he "will not dignify this with a response."

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