The McGowan’s Matter

Jun 28th, 2010 By pacovilla I had the honor of speaking with Mrs. Lorraine ‘Raine’ McGowan last week–She is an upbeat, energetic wife and mom whose determination to save her husband and family bled through the phone line. I like this woman.



Raine and her family agree with the Ridership: We must FORCE the public to take notice of Mac’s plight. The parallels between this case and that of the 2 Border Patrol Agents whose unjust sentences were commuted by former President Bush are undeniable. The ambitions of many attorneys within the US DOJ are well served when a law enforcement officer is convicted and imprisoned. AND, Paco says that is just fine when the circumstances warrant it. However, even if Rob McGowan actually perpetrated the misconduct for which he was convicted, surely probation is appropriate for a first offense. But, as with the BP agents, sending a CO to federal prison looks great on the resume’ of opportunistic prosecutors who don’t mind crushing a few lives in the pursuit of an appointment.


In the short-term, we must all pony up and send what we can to the McGowan family. If you already have a PayPal account, you can send cash directly to Raine’s account using the email address: mcgowanposse@hotmail.com. Select the “Send Money” tab and then be certain to select the “Personal” tab on that page–Doing so prevents PayPal from charging the 3% fee. I suggest you check “Other” or “Living expense” just in case selecting “gift” or “cash advance” could have tax implications for the family. If you do not have a PayPal account, PLEASE take a few minutes to sign up. It is free and secure.


Meanwhile, subject only to any restrictions requested by Mac and the family, PacoVilla.com will maintain focus on the McGowan’s until Mac is free. Hopefully, it will be a short run–Yet I know I speak for all Riders in saying we are in for the long haul if need be. In the weeks to come, Paco will roll out a new page dedicated to the McGowan’s. There, Riders will be able to read updates and, hopefully, posts from Mac himself (The BOP permits inmate email). Permanent donation links will be posted there, and prominently throughout the site.


In closing, I’d like to tell you why the McGowan’s matter to me and why they should matter to ALL law enforcement families. Numerous times in my less-than-stellar career I used force on inmates in restraints. In each case, the offender was combative despite being cuffed. So, rather than taking a head-butt or a kick, I would “place” the detainee on the floor or against a wall. One case that comes to mind was that of an inmate at CIW. One evening in ’85 I was an S & E responding to an alarm at “Wilson A” where the Unit Officers had discovered a large cache of tar heroin as the unit was locking in for the night. Upon arrival, the unit was in a turmoil as inmates scattered with their dope. I assisted an officer in restraining one of the suspects and detained her directly outside the Program Office as officers rounded up others and secured the building for count. Unbeknown to me, the inmate I was detaining was holding several bindles of tar heroin and was not inclined to have her pockets searched. As I began the pat down, she forced herself back into me, butted my shoulder with the back of her head and grabbed at my crotch with her cuffed mitts, catching only the fabric of my trousers. Well, I instinctively pushed her back and into the red brick wall, leaving a substantial abrasion on the side of her face. Suffice it to say, using any force on a restrained female is bound to result in an investigation. Fortunately, she admitted to the assault, claiming she reared back in response to “inappropriate touching” incident to the pat-down. Of course, I was exonerated and she picked up a new case for the heroin–She was not charged with the assault. The point is, had this happened 20 years later, who’s to say I wouldn’t have found myself in Robert McGowan’s shoes?


Today, it’s Robert McGowan. Tomorrow, it could be you. The McGowan’s matter.

A letter from Mrs. Robert McGowan

Jun 14th, 2010 By pacovilla As posted this weekend on the PacoVilla Forums, following is a letter from Robert McGowan’s wife, Lorraine. Posted at Mrs. McGowan’s request by CIM stalwart “Indian Chief” (David “Sitnbull” Lopez), it was drafted in direct response to the groundswell of support for the McGowan’s. We will have a donation link posted prominently once the account information is available…no more than a day or two. In the interim, PLEASE set aside whatever you can and standby by for details.
I spoke with Rob today… it was thankfully and luckily a very lengthy amount of time (longer than I could have wished for, not a mere 15 min. call). He sounds in better spirits each day yet I can hear he is trying to remain strong while holding back his feelings of being terribly homesick. He was also able to make a collect phone call yesterday, and the previous day TWICE! He is keeping it together, though it’s so hard for me to stay strong and compose myself when I hear his voice crack or the sound of his running nose.
The Marshall’s, Sgts., and Lts. have been very understanding and doing within realm to keep him comfortable. I sigh in relief as he tells me this. I worry so much about his physical and mental state… and he of me… and of us all.
He is at the Lerdo Max-Med facility right now (Bakersfield), though he doesn’t exactly know how long he will stay there. They immediately transferred out of Metro DC by Union Station Monday night/Tues morning, he couldn’t be sure what the time was, because he no longer wears his Christmas watch that was given to him from us. So it’s more than likely that the kids and I will be able to drive up to Bakersfield and get in a once weekly visit. Rob is upset that it will be through glass and only be able to speak to each other through the phone, but I told him I am completely excited for even THAT. He worried about the kids seeing their father like this, but I explained that our 4yr. old, thinks he’s working at the jail, but just can’t come home yet, however we get to visit him through the window.. she was happy with that because she says, "I miss him.” Our 11yr. old is excited but a little scared at the same time. He's still trying to get over the fact that his dad never came home that day, June 7th, after court. I told him, “It’s okay, son. I know how scary all of this is. I won’t pressure you to go and I’m sure Papa will understand either way.” I’m going to bring him up with us though, just in case he changes his mind, so he doesn’t regret not going.
I have heard (I haven’t been able to get on all the blogs and FB personally, except to post messages from my phone) from many people, officers, family and friends how everyone is showing their support for Rob and our family. There have been beautifully inspirational writings about him and supportive comments too. Many are pledging to help us out financially. Wow! We are truly appreciative of all of this. I have been spending half of my days making sure calls are made, information is received and simply trying to keep in contact with many of you to give you heads up. The other half is trying to reassure the kids and taking care of all the things Rob did (bills, collections, union and attny. calls, home and auto maintenence, and small jobs for income, etc.). We want to keep our children in as much of a familiar environment and routine as I can while we fix and reverse this injustice… this prejudice to officers everywhere.
I whole heartily apologize to those who I haven’t yet called in person. I, WE, LOVE that you have called to offer help and that you are there for us when we need you. We are working on being able to stay here in the High Desert, making arrangements with our landlord, the utility companies, taxes, auto loans and other debtors to work with us to make this possible. 
I convey all of this information, especially the supportive sentiments, to Rob which he says gives him some comfort, as much as he can feel and allow, where he’s at. He tells me after our phone calls, that he breathes a big sigh of relief and can relax when he hears this, even though for a short while, waiting alone. (I will talk to Lorraine as soon as thing’s settle down and maybe I can assist her on setting up an Bank Account at a Major Bank. I’m hearing from Correctional Peace Officers all over the State, that want to give whatever, they can!! Give us a week or so to get this setup. David “Sitnbull” Lopez)
Rob wants to me ask all of you, if for even just 3 months, if we might be able to gather 30 or more you to put together a fund for donations of $25 a month from everyone. He said he knows you guys can do it, that he’s done it too and for me not to be afraid to ask for help. So, here I am, putting myself out here… please, help us. I promise to dedicate myself not only to my family, but to all of you, so this doesn’t happen to ANYONE again.
Thank you from the bottom of our hearts, Mrs. McGowan, our children and of course Rob (Mac)

Taking Care of Our Own

Jun 9th, 2010 By pacovilla The circumstances leading to the railroading of CIM Officer Robert McGowan have been well documented on this site. Disheartening as McGowan’s circumstances are, the reaction of his fellow officers is a sign of hope. Overnight, calls for establishment of a family support account dominated the comment and Forum threads. To borrow from the CPOF, taking care of our own is the order of the day–It will remain so until the day Robert McGowan is released from his term as a political prisoner. As noted in yesterday’s post on the subject, McGowan’s CIM brethren are said to have established a legal defense fund, the details of which will be prominently published here. At this juncture, we know his wife had to move back in with her parents–It is unclear whether a fund to support his family has been established. If not, it is clear McGowan‘s statewide family would like to take on the task. In an agency where “catastrophic” time banks for maternity leave and hemorrhoid surgery for those without time on the books are all too common, the ranks have grown accustomed to rather questionable calls for assistance. Ironically, McGowan‘s situation is truly catastrophic yet, owing to his termination, there can be no time bank–CDCR is done with him. We are not. For the moment, Paco suggests you keep your checkbook handy (and balanced). Once information is received regarding what accounts have been established and how to contribute, permanent donation links will be added to the blog and Forum indexes. CIM Riders familiar or involved with the fund(s) are asked to forward the information ASAP. Please refer to Paco’s Contact page–Email, fax, phone…whatever is most convenient. Robert McGowan is truly in the belly of the beast. He needs to know we aren’t giving up on him or his family.

Mc Gowan’s Trial Over, Tribulations Continue…As Do Supporters

Jun 8th, 2010 By pacovilla Posted at PacoVilla Forums by Indian Chief On the door steps of the court house I talked with past CIM President Marty Aroian, he has first hand knowledge of the case as he helped represent most of us during this ordeal. I will let his words say it “ALL.” As I rode the train back from the Federal Court this afternoon, I contemplated what I wanted to say here and how best to say it. People who know me often ask:After so many years, as a Correctional Officer are you still opposed to the death penalty?” And, “Why?” I’ve had many answers to this question, some flip, some more reasoned but today I’ve got a one word answer: Mc Gowan. No, he wasn’t sentenced to death, but his sentence was severe enough I couldn’t help wonder if it wasn’t a close second. Let me back up. I assume a few things that perhaps I shouldn’t, because I’m writing something intended for a specific audience: CIM, CDCR Correctional Officers and their associates. But for the benefit of those who may read this and who are unfamiliar with the circumstances: Robert Mc Gowan was a Correctional Officer at the California Institution for Men. In 2002 he and more than a dozen other officers were assigned to a transport and escort 9 inmates suspected of attacking two Correctional Officers earlier that same day. Today, 8 years later, Robert Mc Gowan was sentenced to 51 months in a Federal Prison for violating the civil rights of two of the inmates who were escorted. These two inmates alleged that Mc Gowan and others violently threw them (while shackled) to the ground from a transport vehicle and then beat them. Initially over a dozen officers were suspected of participation as either assailants or silent witnesses. Some slight abrasions were noted just hours after this alleged attack, but no injuries consistent with such a beating were evident to medical examiners. I was not there, but I have had 8 years to review the evidence, interview many who were and I represented most of the accused at one time or another. I am as convinced of their innocence as I am of anything I have ever believed to be true. Unfortunately, I was not a juror in this case. Fortunately the initial trial judge threw out each and every one of the jury verdicts of the three defendants they brought to trial. Then the U.S. Justice Department appealed the judge’s action and the Circuit Court reversed on two of the charges with respect to Mc Gowan and sent only his case back to the trial court for sentencing. In an unusual twist, the Circuit Court, (fearing leniency) specifically forbid the original trial judge from presiding over the sentencing. Another judge, less experienced and unfamiliar with the evidence presented at trial was awarded this dubious and difficult task. In the interest of providing federal judges some insights beyond the cold statutory sentencing guidelines, the Probation Department evaluates the evidence, the charges, criminal history, defendant’s demeanor, and all the other relevant issues pertaining to the individual facing punishment. In this case, similar to the judgment of the original trial judge, the Probation Department’s recommendation was “No Jail Time.” The appeals court upheld two of the charges so some sentence was necessary and the Probation Department held that a period of home detention and probation was more than adequate. Judge Wright, in a statement laced with as much anger as with erroneous assumption disagreed. Judge Wright was Wrong! America is proud of its judicial system. We arrogantly profess to the world that ours is the best to be found on the planet. If this is the best mankind can do, then I respectfully submit that we are still not qualified to pronounce a sentence of death to anyone, even in the most heinous of cases. Not yet. Today, I went to court, accepting that the best judicial system in the world made an error when Robert Mc Gowan was convicted, but still believing that some justice was possible. If the court took into consideration the dubious case put on the by prosecution, that the very experienced federal judge who presided over the entire case and heard all the evidence threw out every count against every defendant, that only Mc Gowan stood where, if the charges were true, many would be correctly standing, that other than this instance he had an admirable service record, that he is a devoted family man and a peaceful member of the community and that more than 50 letters from co-workers and friends implored the judge to tread lightly if he could not find the courage to dismiss, there was still reason to believe the devastating effects of the ruling could at least be corrected. This did not happen. The best judicial system in the world, failed. Why did the judge ignore the Probation Report, the letters from supporters, the clear evidence that in its worst light this was simply a fine young man’s uncharacteristic mistake? Because the United States Justice Department secured an informant’s declaration stating that Robert Mc Gowan committed crimes unrelated to those he was convicted of. No direct evidence was presented, not even the informant’s testimony. The informant, by-the-way, is an admitted gang member and career criminal who has served many years in prison. With no other evidence to the contrary, Mc Gowan was sent to prison today because of something he was never even formally charged with, had no real opportunity to refute and had that nothing to do with the case at hand. In 2003, newly appointed Corrections Secretary Rod Hickman declared to the California State Senate that there was a “pervasive Code of Silence” operating within the California Department of Corrections and a McCarthy Era like witch hunt for sinister officers has continued ever since. One regrettable, careless, false statement made for personal political gain has not only forever tainted a profession and this Department, but it has contributed mightily to Mc Gowan’s prosecution, conviction and sentencing. The only silver lining in all of this is that the fight to win back his freedom, win back his reputation and win back his right to raise his family and shower his wife with richly deserved adoration is not over. Tonight, Mc Gowan will spend the first of many unfortunate nights in prison, but his legal team, sponsored by the good and charitable dues his brothers and sisters in law enforcement pay faithfully is working to secure a new trial upon appeal. There is a lesson in all of this for the rest of us. Do not let expediency and/or personal fear for the consequences allow you to compromise your resolve. Do not speculate about your partners’ involvement, heavy-handedness or demeanor. One person, who wears our uniform, related to the judge that Mc Gowan had a reputation for being heavy-handed. This person did not even say he had first hand knowledge. He only reported a rumored reputation and that speculation carried with it more influence against Mc Gowan than the 50 letters from others who wear the same badge who said otherwise. One person’s rumor is not a reputation, 50 co-workers consistent opinions is., But the hint of a rumor can easily be more powerful and damning. I worked in our Department for a quarter century and I did so honorably. In all of that time, I never witnessed anything thing that remotely resembled what Secretary Hickman called a “Pervasive Code of Silence.” But perhaps it is time we learned to stop talking about each other as if what we said would not have any real effect. I know two young children who will be devastated for a very long time.

Officer McGowan Gets Screwed by Feds

Jun 7th, 2010 By Bob Walsh Former Chino Correctional Officer Robert McGowan got ripped by the feds today to the tune of 51 months as a convicted federal felon. Back in 2002 he was alleged to have assaulted two inmates by allowing them to fall to the grounds as they were getting off a transport bus. The physical description of the officer alleged to have assaulted the inmates was a Hispanic or maybe Italian about 5-8. McGowan is a 6-3 Irishman. Both the Department and the D A said he was good. (And we all know that the Department will hang a cop happily if they can.) Then the feds went after him for deprivation of civil rights under color of authority and obstruction of justice for allegedly trying to cover up the assault he never did in the first place. This really and truly sucks.

Update On Officer McGowan

May 19th, 2010 By Bob Walsh Regular readers will remember that former Officer McGowan is looking at federal prison time on an unbelievably bizarre beef. Among other things, he is accused of thumping a prisoner. The prisoner described the cop who thumped him as an average size guy, possibly hispanic. McGowan is a 6-3 Mick. The Department cleared him, the DA cleared him, but the feds wanted a piece of him, and they have been going after him with gusto. His next court date is May 26. Clicking here will link to an earlier post on this rotten situation.

Rob McGowan Case Continued

Mar 1st, 2010 By Bob Walsh For those of you who have been followed the convoluted and strange case of Officer Rob McGowan, please be advised that he has been granted a continuance. He was supposed to be sentenced today. The court has granted a continuance until April 12th, to allow SCOTUS more time to consider whether or not they will hear the case. Among the obvious problems with the McGowan case is that he is a 6-4 mick who supposedly committed an assault on an inmate that the inmate himself states was committed by a 5-8 latino. Unfortunately in the real world there is often a lot of difference between the law and justice.

Update On Officer McGowan's Situation

Sep 5th, 2009 By Bob Walsh To be frank, it isn’t that great. The 9th Circuit is turned down his request for an en banc hearing. He now has only one option left, an appeal to the United States Supreme Court. With a bit of luck CCPOA will handle this matter, and they will be successful. If it doesn’t work out, Rob will be going to federal prison on a completely bogus beef. He will lose his job, his career, and be a convicted felon for the rest of his life. He will be away from his family for probably 2 1/2 years, maybe a lot longer, under very unpleasant circumstances. His supporters are working on a letter writing campaign of support for him. The email address is below. His supporters intend to present those letters in court if the opportunity presents itself. The man is getting a bum deal. Please take a few minutes, put down some thoughtful words and send them his way. mcgowanposse@hotmail.com

CIM Officers and Sergeant Get Verdicts Overturned

CIM guards get verdicts overturnedBy Rod Leveque, Staff Writer LOS ANGELES – A federal judge overturned guilty verdicts Monday against three Chino prison guards accused of assaulting inmates and conspiring to cover it up…Thomas Ramos of Montclair, Hector Flores of Whittier and Robert McGowan of Apple Valley were each convicted Oct. 15 following a trial in U.S. District Court in Los Angeles. Prosecutors alleged McGowan pulled two handcuffed prisoners from a van May 9, 2002, and allowed them to freefall to the ground outside a housing unit at the California Institution for Men. The incident followed one earlier that day in which inmates threw a jacket over the head of an officer and beat him. Prosecutors alleged all three men then lied about the encounter to either superiors or a grand jury. (DailyBulletin.com) Here’s a copy of CCPOA’s memo on the decision: This afternoon, Judge Manual Real of the United States District Court in Los Angeles overturned the jury guilty verdicts and exonerated CIM officers Rob Mcgowan, Hector Flores, and Thomas Ramos. The US Attorney has 30 days to appeal Judge Real’s decision to the Ninth Circuit Court of Appeals. LDF Counsel Paul DePasquale represented Rob McGowan; LDF Counsel Joel Levine represented Hector Flores; and Thomas Ramos was represented by Paul Goyette. Congratulations to all involved. This a huge victory for justice in a matter that should never have been tried as a federal civil rights criminal case.

UPDATE as of Sept. 1st, 2009

After appellate judges denied Judge Real's decision to overturn the jury's vote of guilty, Mac's lawyers petioned for an un banc (to have all the appellate judges on the 9th Dist. of Appeals to look at the case) and/or to look at their (the appellate judges') decision to have another judge for sentencing or "other proceedings"- which, by the way...was pointed out in the petition that the decision by the appellate judges, is against their OWN rules... in short, they denied Mac's petition. As it sits right now? We're waiting to hear if he'll be funded by the union to hire a federal Supreme Court Specialist then appeal to the Supreme Court. If so, then an appeal is written up and we wait...They may or may not look at it. We have until November of this year... If this doesn't happen? Sentencing occurs by another judge. Any letter you can write, lengthy or short, personal or work related, or even about the trial if you were there or know something about it... your opinion on the whole thing... anything to show your support for Mac (Rob). this is coming to the end... please help Mac out. Thank you for all your prayers, positive thoughts and support, Mac's family Please send your letters or copies to: mcgowanposse@hotmail.com Re: support letter