Note: Jan. 8, 2025 ( 9:12 AM) This story was edited to include hearing information (2:37 p.m.) prelim hearing date was corrected.
Mendocino County Superior Court Judge Ann Moorman will conclude the hearing whether to dismiss the criminal case against Chamise Cubbison, the county’s former auditor-controller and treasurer-tax collector this afternoon. The case, filed by District Attorney David Eyster in October 2023, centers on allegations of misappropriated funds during the pandemic.
The case involves $68,000 in payments to county payroll manager Paula Kennedy, who worked overtime to ensure the county met payroll. While the hours were documented, Kennedy’s classification did not qualify her for overtime pay. She compensated herself with extra payments coded as “miscellaneous,” sparking allegations of wrongdoing. Cubbison is accused of approving Kennedy's actions.
Supporters filled the courtroom Monday, praising Cubbison’s integrity. Many had known her since childhood on Greenfield Ranch, an intentional community founded in 1972.
“She ran the accounting department in our manufacturing company in Ukiah for several years and did a great job,” said Char Jacobs, a family friend. She was very diligent, she’s very honest and ... trustworthy. I think she makes good decisions.”
Cubbison denies authorizing the use of the payment code. And even if she had approved it, critics of the case question whether pursuing it is worth the public expense.
The defense has filed a Trombetta/Youngblood motion to dismiss, arguing that the county’s failure to preserve key emails hindered Cubbison’s ability to defend herself. Lieutenant Andrew Porter, the sheriff’s investigator, testified Monday that he reviewed emails from Cubbison, Kennedy, and former auditor Lloyd Weir using terms such as “overtime,” “MOU,” “side letter,” and “470.” He said he didn’t find relevant evidence and didn’t preserve the emails, even though they were evidence.
Judge Moorman expressed concern about Porter’s search methods, questioning why he didn’t use broader, more intuitive terms. Emails from 2019 and a portion of the county’s archive from early 2020 were later corrupted after Porter's search, leaving significant gaps in the evidence.
“We have to show one of two things,” said defense attorney Chris Andrian. “We have to show that those missing emails were potentially exculpatory. ... So as I said, there’s a whole package and we don’t have the whole package. So his failure to preserve those has hamstrung us.”
Porter admitted to errors in his investigation but defended his actions. Judge Moorman indicated that the prosecution should have the opportunity to present its case. A preliminary hearing is scheduled for January 22 and 23.
Today's hearing will be held at 1:15 p.m. in Department E.
Remote viewing info:
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