"Justice Will Prevail"

Avenal Riot

2011-06-08T12:33:00.001-07:00

Avenal State Prison remains on lockdown this morning after an early evening riot sent five inmates to the hospital, authorities said. Prison spokesman and Correctional Lt. Ed Borla said the brawl broke out in a single housing unit at 7 p.m. Tuesday and involved roughly 100 inmates. One inmate was taken by helicopter for emergency treatment, while another four went by ambulance to area hospitals. All five have since been treated and returned to the facility, Borla said. No staff members were harmed during the attack. Investigators are still trying to determine what sparked the attack. The facility will remain on lockdown as the inquiry continues.

Letter from M.Mancinelli

2010-08-15T16:40:00.000-07:00

My name is Mark and I am proud that Rob McGowan is my friend.

The first time I met Rob, he came knocking on my door. When I opened the door, there he stood 6’ 5” at 325 plus lbs. “What a burley man” I thought. As for me, I am the physical description of the officer alleged to have assaulted the inmates. “He was a Hispanic or maybe Italian about 5-8.” That is NOT Robert McGowan! How is it that he was mistaken for that description!

Anyway, I noticed right a way, Rob’s huge grin as he kindly offered my wife and I his hand to shake, welcoming us to the neighborhood. He then surprised us when he handed us a brand new USA flag. I was extremely grateful and impressed by his gentle demeanor and thoughtfulness. Because earlier that day, Rob had noticed that my flag had been torn by the wind, blowing it into our rose bushes. So he went out and purchased a new one, and gave it to us as a gift along with his friendship, welcoming us to the neighborhood.

Rob and I began talking about how great our country is and the common pride we share. Rob and I agree with the US Flag Etiquette rules and, we strictly adhere to them when caring for Old Glory. Rob installed a beautifully illuminated flag that flies night and day in his front yard. It displays his love for our United States of America. That was my first time meeting Rob McGowan and we've been great friends since.

My wife and I consider being neighbors with the McGowan family a wonderful blessing. Both Rob and his wife are always going out of their way to help others on our block including myself, with anything around our homes and our vehicles.

His wife, Lorraine is a fabulous cook and, we are so fortunate for her kindness, because she often walks over to our home sharing her delicious homemade food with us. Yum!

Rob and Lorraine’s two children reveal the great parenting skills and love that they have passed on to their kids. As a neighbor I have been a witness to the show of affection they both have for each other. I truly admire this tight knit family.

I miss seeing Rob outside in his front yard with his son and daughter. Both of his children were always at Dad’s side. Rob’s little girl was always following her Daddy around on her tricycle. She was never more than a few feet away from him. He is a gentle loving Dad and both of his kids enjoy being with him. And now his children have been robbed of their father’s presence, love and parental guidance due to a lie that the court base its verdict on. These two kids and Rob’s wonderful and very supportive wife should not be the ones punished because of a lie told by a prison inmate.

Rob and Lorraine have been married for about 16 years and yet their affection for one another could have a stranger assuming they were a newly married couple. I know how amazed I was when I heard they've been married for 16 years and, they have an 11-year-old son!

The McGowan family does everything together. When they are outside they can be found sitting together on their yard swing under a tree or playing together or just working around in their yard as a family. Their children’s personalities reflect their Mom and Dad’s gentle dispositions. The McGowans always smile and wave to my wife and I whenever we are outside. Their two children display exactly the same kindness, love and friendship towards others as their parents do the same. Great kids! It’s a joy to be around them. Their son and daughter are so intelligent and mature for their ages. Great parents!!

These kids need their dad, to have Rob at home so that he and Lorraine can continue the great job they've been doing in raising their awesome children. Why would a judge divide this family over a lie from a felon in prison?

Written July 22, 2010 - M. Mancinelli

Letter from S.Marquez-Dr. and family

2010-08-15T01:22:00.000-07:00

8/12/2009

To Whom It May Concern:

Recent events overturning Judge Real’s dismissal of charges against Robert McGowan are maddening. It seems as though justice for an innocent and hardworking officer is at the mercy of political backlash involving Federal judges, the prosecution and Judge Real, who overturned an initial guilty verdict after verifying that the evidence supported Mr. McGowan’s innocence.

I’ve known Mr McGowan now about 15 years, and in that time he has been consistently ethical and an upstanding citizen. He is proud to protect our community and lives to the letter of the law in doing so. He does not cut corners in a field where doing so may mean your life. So it’s a relief to see Judge Real objectively recognize Mr McGowan’s innocence. However, to see the Pasadena federal court overturn it, particularly given the history with Judge Real and Judge Kozinsky, is rather suspicious.

Recently, in “The Green Flash” Mr Walsh nicely outlined the injustice as follows:

Saturday, August 08, 2009

Officer Rob McGowan Is Being Railroaded By The Feds.

Not too subtle is it? I mean every syllable of it.

On May 9, 2002, nine Southern Hispanic inmates attacked an Officer and a Sergeant at Chino East facility. The officer was so badly hurt he was off work for almost a year. This was at a minimum a serious attempt to do great bodily harm to peace officers.

The nine inmates were gaffled up and kept in a tank at East from about 0730 until about 2200. All that time they were raw-jawing staff, insulting women who happened to walk by and in general being pains in the butt.

They were then transported in two separate loads on a van to Central facility for Ad Seg placement. Officer Rob McGowan was one of the officers at Central who received the nine. McGowan was in charge of exiting the inmates from the van. Since their paperwork did not come with them and the staff did not know who was who, the Ad Seg staff, including McGowan, handled all of the inmates with an appropriate level of caution and care.

Two of the inmates made formal complaints of brutality three hours AFTER they had been placed in the Ad Seg cells. They stated that approximately 24 staff members stomped them, beat them with batons and kicked them. This is all on the record. None of it happened and it was proven it didn't happen. Their statements were fully discredited. The San Bernardino County D. A. examined the case. The Department I. G. (Inspector General) examined the case. The A. G. examined the case. They all agreed there was no case.

Two members of the Office of Internal Affairs, for reasons of their own, took the material to the Feds. The Feds ran it by three or four different Grand Juries. (There is some difference of opinion on the exact number but either way Rob McGowan was never called to testify.) Finally, after the last Grand Jury, and with only about 80 days left on the statute of limitations, indictments were handed down against Officer McGowan and Sgt. Ramos for conspiracy and assault under color of law. Officer Flores was charged with conspiracy.

The case went to trial in October of 2007, in front of federal district judge Manuel Real. The trial took only a few days after which Judge Real had to travel back East for a judicial conference. Another judge handled the verdict. Sgt. Ramos and Officer Flores were found guilty of conspiracy. Officer McGowan was found guilty of conspiracy and assault under color of law.

Officer Flores originally stated that he saw Officer McGowan assault an inmate. Later (after the statute of limitations had run out on his case) Officer Flores said that as McGowan handed the inmate over to Flores, he (Flores) began to escort the inmate up the steps and the inmate got tangled up in his own leg irons. Flores then allowed the inmate to fall to the ground because he was angry with the inmate over the earlier attack on staff. Officer Flores then assisted the inmate to his feet and continued his escort. (It has been said that a religious conversion had something to do with Officer Flores' change of testimony.)

All nine of the inmates were escorted through the control sallyport by the control Sergeant and taken to Ad Seg. The Ad Seg Sergeant saw nothing noteworthy about the inmates at that time. The two inmates who claimed to have been beaten were photographed, three hours AFTER they were celled, promptly after they made their complaint. At that time one inmate was noted to have FRESH scratches on his forehead and the other was noted to have FRESH scratches on his face, which were still dripping blood. This apparently was the sole actual evidence to support the inmate's claims of brutality. To this day, none of the nine inmates has received any additional time for the original assault. If one had a suspicious mind, one might conclude that the inmates used a phony staff brutality complaint and minor, possibly self-inflicted wounds, to (successfully) avoid penalty for their vicious and unprovoked assault on staff.

In November of 2008 Judge Real was back in town. He threw out the charges in spite of the guilty verdict, stating that there was insufficient evidence to support a guilty verdict. One of the inmates had admitted to hurting himself to get relocated from one facility to another. Judge Real upbraided the prosecutors, at some length and on the record, for even bringing the case to trial. Among other things, one of the alleged beating victims stated his assailant had been at both East and Central facilities that day and was a 5-7 150 # Hispanic or Italian officer. McGowan is a 6-5 300 # Mick and had never been to Central facility that entire day. Something of an I. D. problem, don't you think? Additionally, none of the defendants, including McGowan, had ever appeared before any of the Grand Juries involved, which makes it difficult to me to understand how they were supposed to have obstructed the Grand Jury.

Another somewhat odd thing is that the jury was not allowed to take notes during the trial.

Conspiracy, especially at the federal level, is a complicated matter. There is a whole list of things, ALL of which must be present for the charge to be sustained. An actual checklist is commonly used for this sort of thing. Additionally, the jury was never at any time given written instructions. You therefore had a complex case with a somewhat inattentive jury (three members of which slept off and on during the trial) with the jury relying solely on their memory during deliberations.

On literally the last hour of the last possible day, the feds filed an appeal of Judge Real's ruling. A three-judge panel of the 9th Circuit, meeting in Pasadena, reinstated the conviction against McGowan (though not against the other staff). It is worth noting that, the 9th Circuit has, within the last year or so, overturned 5 out of 8 of Judge Real's rulings that came to it.

Judge Alex Kozinsky is the chief judge of the 9th Circuit. He is the one who made the news recently when he was formally admonished for, among other things, having a lot of rather bizarre pornography on his personal computer and web site. I should point out that bestiality is not illegal in California and looking at it is not a violation of the law. It is, however, interesting to note that the judicial panel that looked into this matter wrote that this situation "can reasonably be seen as having resulted in embarrassment to the institution of the federal judiciary." Judge Kozinsky has been a primary force in the actions to overturn Judge Real.

In any event that's where it sits. McGowan's lawyer has requested a hearing of the matter in front of the full 9th Circuit. If that is not granted, or is not successful, the matter will be returned to the trial court for sentencing unless a further appeal is made. It is also worth noting that Judge Kozinsky ordered that Judge Real NOT handle the sentencing, in violation of the courts own rules.

So we have an eleven-year officer with ZERO sustained complaints against him in all that time being railroaded, apparently over a personality dispute between the trial judge and the chief judge of the circuit. These are the people, by the way, who just ordered the Department to kick out 22% of it's clientele.

With luck, the full panel will acknowledge this travesty and hand out some actual justice here. If not, I hope Rob is successful in his further appeal. the fact of the matter is, THIS JUST AIN'T RIGHT. We have a good man and a good cop (who incidentally has a wife and two kids who are also being shafted by this idiocy) on the wrong end of a demonstrably bogus complaint. It's not slightly bogus, it's not a maybe yes / maybe no / there MIGHT be something here. It's just plain ludicrous. If it can happen to him, it can happen to you.

Mr McGowan and his family have had their lives turned upside down. As a result of these charges, they have faced financial hardship and stress that no innocent should suffer.

Please do not make him a scapegoat, but instead demonstrate that we should continue to have faith in our justice system, to protect the innocent--To presume innocent until PROVEN guilty. Cast aside the inner jabs between legal representatives and realize that at the heart of the matter is a hard-working American who serves his life to protect us all. He has always taken his responsibilities VERY seriously and to have these accusations scar his otherwise pristine reputation is ludicrous. We need to support those who put their lives on the line for us. Rob lives his life in a law-abiding manner, and this charges speaks against everything he represents to himself, his coworkers and his family.

Do the right thing, and reinstate his innocence so he and his family can move forward and put all this experience behind them. I, for one, am happy to vouch for his honorable nature at any call.

Thank you,

Sheri D. Marquez, M.D.

Attending Physician and Medical Director,
Santa Maria Radiation Oncology Center
Coastal Radiation Oncology Medical Group

Letter from Officer V.Newman

2010-08-15T01:17:00.000-07:00

California Department of Corrections & Rehabilitation

Memorandum
September 3rd, 2009
Re: Reference for Officer Rob McGowan

To Whom It May Concern:

I am writing you in regard to Rob McGowan. I have known Rob since 1998/1999. We have worked together at the Correctional Institute for Men at Chino, many times in the same yard or building. He has always conducted himself in a respectful and professional manner to inmates and co-workers. I have also been in a position during my time as a Sergeant to supervise him. During such time I observed the same professional and respectful mannerisms, even during incidents where it would have been easy for him to respond negatively. I find him to be hard working, dependable and honest. He has shown himself to be a good friend to his co-workers, working for them when they needed time off to attend to events in their personal lives. The Department of Corrections and Rehabilitation would be a better place if there were more officers of his caliber.

I have also witnessed the dedicated family man that Rob is. We live in the same area and on many occasions I have run into him with his family. I have seen him cheering on his children at the soccer field and shopping with his wife at Wal-Mart. I have never seen him without his family. The old adage, “the family that plays together stays together”, conjures up images of him in my mind. Family is of the highest importance to him and he understands that and has worked for me to spend time with my own family on special occasions. Children should not grow up without a father and a woman should not grow old without her husband. We see all too often, especially in the careers we have chosen as Correctional Officers that family is of the greatest importance.

As you read this, I hope that you can find compassion in your hearts. Please do not tear apart this family. Please let there be a cheerleader on the sidelines of those soccer games and a hand to hold as the days turn into years. This family, this man, this woman and these two children deserve to be together. What has happened is an injustice of the highest magnitude. I would like to thank you in advance for keeping this family together.

Sincerely,

Vance W. Newman
CA Dept. of Corrections Chino

Letter from Sgt. J.Bennett

2010-08-15T01:15:00.001-07:00

8/15/2010

Letter of Recommendation for Correctional Officer Robert McGowan

To whom it may concern,

My name is Correctional Sergeant John Bennett. I have been employed at the California Institution for Men for over 30 years. In my dealings with staff during my career I have had the privilege of working with Correctional Officer Robert McGowan. Officer McGowan is a hard working correctional officer. He has displayed his dedication to his job thru his strong work ethics and professionalism. His daily interaction with staff and inmates has always been professional, courteous and nonjudgmental. Considering the dangerousness of our profession I have always trusted his judgment. I would not hesitate to hire Officer McGowan and have him be part of my area of responsibility.

Robert is also a very dedicated Father and Husband who works hard to provide a better life for his family.

Sincerely,

Sgt. John Bennett
Chino Institution for Men
CA Dept. of Corrections

Letter from Sgt. J.Spinney

2010-08-15T01:14:00.000-07:00

California Department of Corrections & Rehabilitation

Memorandum

Date: Nov. 16, 2009
Re: Letter of Character for Officer McGowan

To Whom It May Concern:

My name is Joseph Spinney and I am a Correctional Sergeant with the California Department of Corrections and Rehabilitation (CDCR) at the California Institution for Men (CIM). I would like to relay to you my experiences with Correctional Officer Robert McGowan. In my years of experience, I rarely come across a person with exceptional character and dedication to the CDCR as Officer McGowan has shown me. Officer McGowan has shown steadily how he can rise above the difficult situations we face at CDCR and shine in a manner supervisors aspire our subordinates to attain. I would like to share a few of these examples with you.

When I promoted to Sergeant, I was new to the California Institution for Men (CIM). I came from another institution and did not understand the processes and policies of a reception center such as CIM. I did not understand the process of working at a reception center or the inner workings of an Administrative Segregation Unit (ASU). I was initially assigned to Cypress Hall ASU and had the opportunity to work with Officer McGowan. Officer McGowan took the time to show me the process of a reception center and how the program operated. Not only did Officer McGowan familiarize me on reception center and ASU policies and procedures but he took the time to explain to me why they were implemented. His knowledge of policy and procedure became a useful tool to my assimilation into a new institution and a new program. In other words, he became a vital resource for policy and procedure.

When I was assigned new officers from the Academy, it was Officer McGowan that assisted me in the training of the new staff on policy and procedures and to ensure proper training was given to these new officers, making them aware of not only policies but the reasoning behind the policies, thus increasing their value as employees. For example, when I had a new officer assigned to ASU Culinary, Officer McGowan was able to complete his assignments in order to be able to train the new officer on other areas of responsibility in ASU. This became valuable because later that week, we were short of staff due to furloughs and I needed the new officer to cover other areas of responsibility. I was confident in the training and experience of the new officer because of the training received from Officer McGowan. It was Officer McGowan’s ability, knowledge, and desire to train other officers on policy and procedure that enabled our unit to operate during reduced staffing levels and to operate within departmental policy.

When CIM was experiencing several days without water pressure, it was Officer McGowan that led the charge to take thousands of gallons of water to the second and third floors of ASU so that inmates could flush their toilets and have water to brush their teeth and wash their hands. This act of leadership was, in my opinion, responsible for the reduction of the possibility of an inmate uprising and the subsequent reduction in the possibility of staff being assaulted and/or having inmates require cell extractions which could have led to staff or inmate injuries.

Officer McGowan has always shown his personal and professional belief in the sanctity of human life. A few months ago it was Officer McGowan who entered an inmate’s cell in ASU while the inmate was attempting suicide by hanging. Officer McGowan quickly cut the noose, lowered the inmate down, and personally began life saving measures. Officer McGowan continued these lifesaving measures until the inmate was transported to an external medical facility. Prior to the Inmate leaving ASU, Officer McGowan (to my understanding) was able to resuscitate the inmate.

Although I was not here at CIM when the alleged incident took place, I will say this: from what I have seen of Officer McGowan, I personally and professionally do not feel that the accusations are representative of the man or officer I know. In addition, believe Officer McGowan was instrumental in my development as a Correctional Sergeant. He is the epitome of what Correctional Officers should be and only wish there were many more like him in the Department.

Respectfully,

Joseph Spinney

Correctional Sergeant
California Institution for Men

Letter from Sgr. J.Powers

2010-08-15T01:12:00.000-07:00

California Department of Corrections & Rehabilitation

Memorandum

Date: September 23, 2009
Re: CR 07-123 R

To Whom This May Concern,

My name is Joseph Powers. I’ve been an employee of the Department of Corrections and Rehabilitation, at the California Institution for Men State Prison, for almost 16 years (12 years in uniform). This is a letter of support for Correctional Officer Robert McGowan. I’ve known Officer McGowan most of my career and have had the pleasure of supervising him on several occasions, at various posts, over the past 8 years in my current classification as a Correctional Sergeant.

Officer McGowan has been an asset to the Department, this institution, his supervisors and his peers, day in and day out, over his 13 year career. The first obvious thing you notice when you meet McGowan is that he is a very tall, stocky guy. From the first time I met him and up to now I’ve always called him “Big Mac.” He’s always been a good Officer. Mac has a great command presence. His size has its advantage here, at work, as I’ve witnessed how easily he directs normal operations; he relies on his “gift of gab” and doesn’t need to be physical. On top of that, Mac has always been level headed. Mac knows how to stay calm during emergencies and, in fact, has kept his peers calm, collected and squared away in times of need. Mac is a natural leader. He uses his seniority advantageously. He provides insight, procedural and personal knowledge, and proven techniques to junior Officers and new supervisors to help make everyone’s job a little easier. Mac is of admirable moral character. Mac has strong family values. Mac has always been an enthusiastic Officer. I remember when I was a rookie Officer. Mac asked me what kind of off-duty weapon I carried. I didn’t carry at the time because I thought it was inconvenient. Mac enlightened me, by asking how I expected to be able protect myself, my family and others. He told me that it was better to have it and not need it, than to need it and not have it. He reminded me that I had an obligation, as a Peace Officer, to act, if I were to observe a crime in progress while on or off duty. I’ve been carrying, off duty, ever since.

Officer McGowan has been a positive influence to many over the course of his career. I have to be honest; it’s disheartening to have to write this letter. All Peace Officers are duty bound to uphold federal, state and local laws, policies, procedures, creeds, etc despite whatever external factors that may drag us or attempt to deter us from those responsibilities. Mac is an exemplary illustration of those characteristics. Mac has been suffering the turmoil of these proceedings for the last few years. It’s obviously been a great burden upon him, his wife, his two children and all others around him. And to think his immediate and long term future is hinged upon the insight, prudence and balanced judgment of someone who is so unconnected to his life; is for me unbearable. Yet, Mac has kept his head held high and has continued to work at the same level of excellence and dedication as he did from the first days he donned the uniform. In fact, although currently off work, Officer McGowan recently attended a fallen Officer’s dedication ceremony, well dressed, with his badge appropriately displayed, and respectfully draped. In an era and time of exceptionally low morale amongst all sworn Peace Officers and during extremely trying times for Officer McGowan, he still outwardly projects that his spirits are up and he displays a high regard for his chosen profession.

I request the above, as well as other letters of support, be carefully considered and that a favorable disposition be made on behalf of Officer McGowan. Favorable for me would be any decision that allows him to continue his career, continue to take care and be a role model for his family, and continue to be an upstanding, contributing Peace Officer of the Department of Corrections and Rehabilitation. Thank you for time and consideration. For any questions or if you need further information, please feel free to contact me at home, (xxx) xxx-xxxx or at work, (xxx) xxx-xxxx.

Sincerely,

Sgt. Joseph Powers

Letter from Sgt. J.Bain

2010-08-15T01:11:00.000-07:00

California Department of Corrections & Rehabilitation

Memorandum

Date: September 23, 2009
Re: CR 07-123 R

Robert McGowan is a man who puts his family first and insures everyone around him does the same. McGowan is a man who truly cares about the people that he works with and considers them family. He is one whom always stands up for what is right and one that everyone would want by their side in any situation.

Correctional Officer McGowan is an officer who takes his job very seriously, although he likes to clown around, when it comes to getting the job done he is one of the most dedicated and professional officers I have ever worked with. Officer McGowan is an officer who could deescalate any situation with his professional verbal persuasion, a partner whom would always hold you to department standards and never allow anyone to take short cuts.

When I first rolled up to the California Institute for Men as a young inexperienced officer, Officer McGowan took me under his wing and taught me how to deal with difficult situations with the art of using verbal communication and told me “if you treat them like they are human and with respect they will respect you more.” It wasn’t just me, it was every young officer that came through the unit’s front door that he did this for. He would always go out of his way to drill policies and procedures into your head, to ensure your safety, the safety of others and the safety of the inmate population. Officer McGowan’s leadership abilities demanded the respect of his peers and of his supervisors.

I could sit here all day and tell you wonderful qualities that Robert McGowan has as a man and as an officer or how much I disagree with this situation. The facts are Officer McGowan is one of the most professional officers I have ever had the privilege of serving with as an officer and now as a supervisor, and I look forward to the day he’s working for me.

J. Bain

Correctional Sergeant
California Institution for Men
California Department of Corrections

Letter from Sgt. E.Solorio

2010-08-15T01:09:00.000-07:00

California Department of Corrections & Rehabilitation

Memorandum
Re: Letter of Character for Officer. Rob McGowan
Date: Nov. 17, 2009

TO WHOM IT MAY CONCERN,

MY NAME IS ERIC SOLORIO AND I AM CURRENTLY ASSIGNED AS A VACATION RELIEF SERGEANT AT THE CALIFORNIA INSTITUTION FOR MEN. I HAVE SUPERVISED OFFICER R. McGOWAN WHEN HE WAS ASSIGNED TO THE RECEPTION CENTER CENTRAL FACILITY AT C.I.M. DURING HIS TENURE AS AN OFFICER UNDER MY SUPERVISION HE HAS SHOWN OUTSTANDING LEADERSHIP SKILLS, GOOD JUGDEMENT AND HAS TAKEN CONTROL OF STRESSFUL SITUATIONS AND VIOLENT EMERGENCIES THAT HAVE OCCURRED ON THE FACILITY. NEITHER MY SERGEANTS NOR I HAD ANY CONCERNS REGARDING HIS JUDGEMENT WHEN DEALING WITH CRITICAL SITUATIONS AS HE IS PROACTIVE IN LEARNING THE POLICIES AND PROCEDURES OF THE DEPARTMENT OF CORRECTIONS AND REHABILITATIONS.

I FEEL STRONGLY ON THE CALIBER OF INDIVIDUAL OFFICER McGOWAN IS THAT I NEEDED TO WRITE THIS LETTER TO EXPRESS MY PROFESSIONAL FEELINGS ABOUT ROB McGOWAN AS HIS SUPERVISOR. THERE IS NO DOUBT IN MY MIND THAT GIVEN THE OPPORTUNITY, OFFICER McGOWAN WILL CONTINUE TO DO GOOD THINGS IN THE DEPARTMENT OF CORRECTIONS AND REHABILITATIONS AS I HAVE WITNESSED HIS LEADERSHIP SKILLS AS A CORRECTIONAL OFFICER AND THE POSITIVE REACTION FROM HIS PEERS AND SUBORDINATES.

IF I CAN BE OF ANT FURTHER ASSISTANCE PLEASE FEEL FREE TO CONTACT ME AT (XXX)XXX-XXXX OR MY CONTACT INFORMATION BELOW.

SGT. ERIC SOLORIO

VACATION RELIEF SERGEANT
CALIFORNIA INSTITUTION FOR MEN

Letter from S.Barns-family friend

2010-08-15T01:07:00.000-07:00

July 25, 2009

Re: Character Reference for Robert McGowan

My name is Scott Barns. I am employed by Thompson Engineering in Riverside, California as a Sales Engineer.

I have known Robert McGowan for several years. He is my neighbor and good friend. Our children also attend the same school. We were first introduced at an awards assembly at the school where Robert’s son and my son were both recognized for various achievements including Honor Roll. Robert and his Wife are both very involved in school functions, volunteering for various activities and tasks and never miss an opportunity to participate in their son’s education. Robert is also a valued member of the community, policing the neighborhood teens who have no regard for speed laws on our residential streets and even removing obscenities spray painted on a wall adjacent to the school before the kindergarten through 5th grade students who would follow that path were released that afternoon. Robert is well liked and highly respected by the staff at the school, other Parents and the community at large.

I am aware of the charges Robert is facing as well as the verdict that was reached. I can honestly say that I was completely confounded with the Jury’s verdict. I was not present during the trial, nor was I in the deliberation room as the verdict was reached but I have a difficult time understanding how the jury could have come to this conclusion. I have personally witnessed Robert’s calm emotional reaction to situations that would rightfully evoke an angry and physical response from most people. He has proven to be virtually unflappable when faced with difficult and aggravating situations. I am speaking of two separate occasions and two completely different sets of circumstances.

I have also seen the financial and emotional toll this proceeding is taking on Robert and his family. He has endeavored to provide a secure and stable home taking on the burden of being the sole income earner so that his children can grow up in a home where the warm embrace of their Mother is never too far away. These are the things that matter to Robert, not bravado or revenge for a fellow officer. It’s an almost indescribably helpless feeling watching a man who has proven to be an honest and loyal friend, Father and Husband become a victim of the legal system that he took an oath to uphold. I can count on one hand the number of people I have met in my life who I hold in such high regard. I would trust Robert with everything that matters most in my life, including the care of my children or the safety of my family.

I appreciate this opportunity to share my thoughts with you about Robert. He is above all a man of integrity and has earned my respect. I honestly aspire to be more like the person that he is today and I believe others should as well. We need more people like him in our community. In spite of this devastating proceeding he continues to enrich the lives of those he encounters.

Thank you for your consideration.

Respectfully,

Scott Barns

Sales Engineer
THOMPSON ENGINEERING

Letter from Officer R.Sanchez

2010-08-15T01:05:00.000-07:00

California Department of Corrections & Rehabilitation

Memorandum
Re: Letter of Reference for Officer McGowan

August 28, 2009

To whom it may concern:

I, Officer Robert M. Sanchez, have been a Correctional Officer for almost 13 years now. I originally began my career as an officer at Ironwood State Prison where during that time I worked and learned from many different officers. As I worked and learned from different types of officers I began to see different styles and began to form my own work style of performing day to day job duties.

On November 2000, I transferred to C.I.M. (Chino Institution for Men) where a few years later I met Officer Robert McGowan. Having had a few years experience, I already had an idea of the type of people I looked forward to working with. Officer McGowan is the type of officer every new officer should be lucky enough to have the honor to work with and learn from. Officer McGowan will take the time to share and teach what he knows. He will go out of his way to oversee others perform their job to ensure that it’s being performed in a safe and professional manner. Officer McGowan is a very well liked and respected Correctional Officer. He is known as a hard worker and as an officer who will come to work and be by his partner’s side to carry out what ever challenges the day may have. I have always considered Officer McGowan the type of Officer and partner I consider a friend. I believe that Officer McGowan is a honest and loyal person, as well as a proud and professional asset to the Department of Corrections and Rehabilitations.

Thank You,

Correctional Officer Robert M. Sanchez
CA Dept. of Corrections-Chino

Letter from Officer R.Ernandez

2010-08-15T01:04:00.000-07:00

September 1, 2009

To Whom It May Concern:

I would like to express the impact Officer Robert McGowan has had as an employee of the California Department of Corrections and more specifically, the asset he is to the California Institution for Men. I’m a 14-year veteran of the Department and I’ve worked with Officer McGowan for many of those years. During our careers, he has maintained a consistent demeanor and has been the consummate professional. He is always eager to complete his duties with diligence and is readily willing and available to his fellow partners to assist them on a moment’s notice in any precarious situation. He is fair and consistent in the implementation of the Department policies, and is an officer who uses his knowledge and experience to both mentor newer officers and garner the favor of his peers by his conduct and attitude each day. I ask that you consider his years of commitment to public safety and the many people who have been touched by his admirable professionalism and integrity. I am privileged to call myself his partner and his friend.

Sincerely,

Raymond Ernandez

Correctional Sergeant
California Institution for Men

Letter from Officer P.Vanderford

2010-08-15T01:03:00.000-07:00

Sept. 3rd, 2009

Memorandum
Re: Letter of Recommendation for Rob McGowan

To Whom It May Concern,

First and foremost thank you for taking the time to read this letter. My name is Peter Vanderford. I am a Correctional Officer at California Institution for Men in Chino California. I am writing this letter in regard to the Federal case against Robert McGowan. I have had the honor and pleasure to not only work side by side with Mr. McGowan at CIM, but also be trained by him. I have currently been with CDCR for three years. My first year in a half in the department I worked in the same unit as Mr. McGowan. Mr. McGowan is known as a hard working, dedicated and fair Correctional Officer. Mr. McGowan not only has this reputation with his fellow co- workers, but with inmates as well.

It is unfortunate that these allegations have been made about Mr. McGowan. This man has dedicated his life to this profession. What Mr. McGowan has gone through, and is going through is every Correctional Officer's worst nightmare. I would ask you to please help end this nightmare for not only Mr. McGowan but his family as well.

Peter Vanderford

Correctional Officer
CA Dept. of Corrections-Chino
California Department of Corrections & Rehabilitation

Letter from Officer P.Perez

2010-08-15T01:01:00.000-07:00

November 17, 2009

Re: Officer Robert McGowan
Letter of Character

To whom it may concern;

Please allow this to serve as a letter of reference for Robert McGowan. I am a retired Correctional Peace Officer who had the pleasure to work with Robert McGowan as Correctional Officers at the California Institution for Men, Reception Center Central. In all of my interactions with Officer McGowan, he was nothing less than professional and courteous with both staff and inmates.

If any clarification is needed, please feel free to contact me at the numbers listed below.

Most Sincerely,

Patrick Perez (CDC 1982-2004)

Letter from Officer P.Cholakyan

2010-08-15T01:00:00.000-07:00

Tuesday, 22 2009

Re: Robert McGowan
Case No. CR 07-123 R

To Whom It May Concern:

My name is Patrick Cholakyan; I have been working for the California Department of Corrections for 4 years and 3 ½ of those years at the California Institute for Men (CIM), in Chino. I have known Officer McGowan for some time at CIM. Officer McGowan in one of the most exampilinary Officer’s that CIM has. He is very dedicated to his work and his family. He is the partner that I would want to work with at all times. Officer McGowan is a very fair, honest, respectful officer. I have worked with him numerous times and he always and he always surprised me by his knowledge towards our job, his leadership skills to his younger peer’s and his over all good family values. He is a very excellent asset to this department and CIM.

All this is not only because of his over 11 years of service to this department, but him being a general good human being. Every time I worked with him I tried to learn from him. I would consider him as a big brother for me who I always look up to. Officer McGowan was one of the first officers when I started working at CIM who showed me the lay out and the way things worked and basically took me under his wing and I personally thank him for that.

I hope his wishes become true and God watches over him and his family who have already been through a lot.

Thank you for your time and consideration in reading this letter.

Thank you,

Officer Patrick Cholakyan

Letter from Officer O.Villa

2010-08-15T00:59:00.000-07:00

Aug. 21, 2009

Re: Robert McGowan Letter of Character
Case No. CR-07-123R

To Whom it May Concern,

I, Correctional Peace Officer Villa, Oscar A. have known Robert McGowan (Mac) since 2004, when I arrived at California Institution for Men from the California Youth Authority. I had the pleasure of meeting and working alongside with Mac at Reception Center Central at Cypress Unit. Upon arriving to California Department of Corrections and Rehabilitation (CDCR) I noticed that Mac was the type of person that always took the initiative to pull aside a new officer and teach them the ropes. I was one of those fortunate officers that Mac pull aside and I truly admit that if the department had Training Field Officers, Mac would be the perfect candidate for that position.

Over the years that I grew to know Mac not only as an officer but as a family man I truly admire his intelligence, courage and caring ways. Mac’s intelligence was able to change a potential dangerous situation to one that he would deescalate with just his verbal skills. Mac’s verbal skills were magical when it came to dealing with inmates because like I mentioned before Mac was able to talk inmates out of self harming situations and I was there alongside him to witness it. And there were numerous times that many inmates lives were saved by his intelligent verbal skills.

Mac’s courage in dealing with inmates was admiring. No matter how big or small the situation was when dealing with an inmate, Mac was one of the first ones there. His courage was so great that when the time came to put his life in front of his fellow partners Mac did not hesitate one bit to do it. And I truly have to admit for Mac to put himself in harms way for a fellow partner is something that could not be explained in words and would never be forgotten.

Although Mac being about 6’5’’ and weighing well over 200 pounds he has the heart of soft cuddly teddy bear. There’s no words that I can put together to describe the love for his family (parents, siblings, in-laws, wife, son 10 and daughter 3). Being there first hand with my family and his family at social events like birthday parties and social gatherings was so hearts warming seeing how Mac poured his heart out to make you feel like you were one of the family. Mac is not only a best friend but a loving and caring husband to his wife. Mac is not just a parent but someone who has earned the title of Father to his son and daughter, seeing how he is so involved with his children’s education, community involvement and a respectful up bringing. Mac has taken the overwhelming burden of working tough long hours to keep his wife at home to raise a family just like the old fashion way. I truly admire such act being that in present times it is so common for both parents to have to leave the household to provide a good home upbringing for their family. I also, look up to Mac and see him as that older brother I never had and try to learn and follow his caring family values for I have also had my spouse be a so called stay at home mom to my children.

I can probably write a short book about Robert McGowan after knowing him for the past 5 years but I hope that the time you take to read my letter can paint a picture in your mind about Mac and the person he truly is, not the picture that some inmates, and the court system have painted him to be. It has already been proven in the court that many of the accusations brought against Mac have been false. I hope you take into consideration the heart ache and pain his family has endured over the past years and how much we will all hate to see Robert McGowan and his family continue to be punished for just doing the job he loves to do. And let’s not forget that Mac swore an oath to serve and protect and to hold up the law.

Thanking you in advance for reviewing my sincere thoughts about Mac.

Sincerely,

Oscar A. Villa
Correctional Peace Officer

Letter from Officer N.Corbin

2010-08-15T00:55:00.001-07:00

Tuesday, 22 2009

Re: Robert McGowan
Case No. CR 07-123 R

To Whom It May Concern:

I am writing this letter on behalf of Officer Robert McGowan. I have had the pleasure of working with McGowan for over 10 years. In these 10 years I have worked numerous shifts and positions with McGowan.

Not only have I come to know an exceptional partner, but also a good friend. As a partner McGowan is a loyal, honest, hard working, and a leader. He has this gift that he can talk to anyone and by just talking and listening can defuse problems or even help some one out who is having a hard time with something this could be peers or inmates. McGowan is always someone you can go to for advice and he will “give it to you straight”, he can give constructive criticism, with out offending.

McGowan is a friend I have come to know as a loving family man and friend that is always willing to lend a hand. He is very active in his children’s and wife’s lives, and truly enjoys both being a husband and father. As a friend he will always put everyone else first before himself and is always willing to help out.

McGowan is a partner at work that is always willing to stay and help out to make sure everything gets done and no one is left behind to finish it by themselves, I personally have appreciated this many times. McGowan also a great deal of knowledge about the Corrections Department and is a valuable information source.

I ask you to consider this letter in any of your decisions as not only a partner of McGowan’s but also as a friend.

Thank you for your time in reading this letter, I personally appreciate it.

Correctional Officer
N. Corbin

Letter from Officer N.Lomeli

2010-08-15T00:54:00.000-07:00

September 18, 2009

Re: Character Letter for Robert McGowan

To Whom It May Concern:

My name is Nathan Lomeli. I have been employed by the Department of Corrections and Rehabilitation for over 12 years. I am writing this letter on behalf of Correctional Officer Robert McGowan.

I have known Officer McGowan for approximately 4 years since I transferred to California Institute for Men State Prison (CIM) from California Training Facility State Prison (CTF) in Soledad, California. In my dealings and working with Officer McGowan it is apparent, in his attitude and demeanor, that he is a positive person and enjoys, his job. He gets along with all he works and comes in contact with. On a personal level, I admire his strength, determination and dependability to achieve any task set before him. He is professional, a true leader and an example to all employees working for the department of Corrections and Rehabilitation. While working, numerous times, along side with Officer McGowan, I have always noticed him to be a professional, levelheaded and respectful with interactions and dealings with both staff and inmates. I have never seen him lose his composure nor have I seen him conduct himself in an unprofessional manner.

The reason I feel compelled to write this letter on Officer McGowan’s behalf is because it comes to me as a great shock to hear McGowan’s pending, involuntary separation from state service. I have to question, how could this happen to someone with such good character and integrity? I see qualities in McGowan that are rare. He is a good example of a loyal and dependable employee. He is a good example of a friend that is always available and ready to help whenever anyone has a need.

In closing, I ask that a less severe disposition be administered, so McGowan‘s separation from service does not happen. His Administrative Leave is still a loss felt throughout CIM by all those who’ve known and worked with him.

I also ask that he not be sentenced for any of these accusations that were not proven within his trial. Thank you for your time and consideration.

Respectfully Submitted,

Officer Nathan Lomeli
Chino Instution for Men

Letter from Officer M.Diaz

2010-08-15T00:52:00.001-07:00

Tuesday, 22 2009

Re: Robert McGowan
Case No. CR 07-123 R

To Whom It May Concern:

I am writing this letter on the behalf of Officer Robert McGowan. I met Rob approximately 6 years ago. In this time Rob has taught me a lot of valuable information and tools about working for the Department of Corrections. Rob has always conducted him self in a professional manner, with staff and also the inmate population. Rob has good character qualities which are not limited to but include good ethics, honesty, good friend, partner, Father and Husband, compassion. These are just a few.

I have always and will continue to look up to him as a partner and friend. I appreciate your time in reviewing this letter and hope you take it into consideration in your decisions.

Thank you,

Officer Michael G. Diaz
CA Dept. of Corrections

Letter from Officer J.Garcia

2010-08-15T00:51:00.000-07:00

October 7th, 2009

Re: Character Letter for Robert McGowan

To Whom It May Concern:

My name is Juan Garcia. I am a Correctional Officer at the California Institution for Men. I’ve been working here at CIM since August 2005. I previously worked at Calipatria State Prison. I’ve been with the Department of Corrections since March 2003.

I first met Officer McGowan in September 2005 when I came to work at CIM, Central Facility for the first time. I clearly remember that I was working a shift alongside Officer McGowan and it impressed me how he knew I was a new employee at CIM and I didn’t know my way around. He took the time and the effort to show me around and explain to me the different departments and the activities that happen in each individual place, and how at the end every department is only a step in the process of classification that has to take place after a person has been committed to state prison.

Ever since that day, Officer McGowan and I have formed a friendship, and like most true friends I rejoiced when I heard that the Judge threw the case out when I believe he was falsely accused of abusing his authority as a Correctional Officer. Also as a true friend my heart has been very heavy and sad since I found out that the nightmare he already lived and we thought was already behind him came back in the form of a possible new trial.

Officer McGowan is an honest person, always willing to help whoever needs him. Always ready to help his co-workers on and off work. Officer McGowan is someone that I am very proud to count as a friend. In closing I want to appeal to whom ever it may concern, not to forget that we are in the best country in the world. A country where justice still does exist. It would be a great injustice to Officer McGowan’s family, to our profession, and to Officer McGowan himself to allow him to go through this nightmare all over again.

Thank you,

Correctional Officer J. Garcia

Letter from Officer J.Magallon

2010-08-15T00:49:00.001-07:00

August 28, 2009

Re: Correctional Officer Robert McGowan

To The Honorable Judge Otis D. Wright II or whom this may concern,:

I first met Correctional Officer Robert McGowan in May of 2005 when I first transferred from California State Prison Los Angeles County as an Apprentice, to the Chino Institution for Men in Chino California. Officer McGowan’s duties as a Senior Officer entailed him to train Apprentice Officers to provide the public protection by enforcing State and Federal laws and administrative regulations while supervising the conduct of inmates or parolees of a State correctional facility.

I have gotten to know Officer McGowan so well over the years; I believe it puts me in a position to provide you with an accurate assessment of his character. Officer McGowan is loyal, honest, and considerate and a supportive individual whom is also a responsible loving father.

As an employee Officer McGowan is hard working, highly committed, outgoing and always willing to help someone out. I really can’t think of anything of consequence on the negative side of personality ledger when it comes to Officer McGowan. All in all I would have to say that Officer McGowan is a fine, well-balanced person with an abundance of positive qualities, whom I would highly recommend for any position or endeavor that he may seek to pursue.

Now being that Officer McGowan is being falsely accused of assault and battery I feel that prison time will not help Officer McGowan in the least bit. Taking away Officer McGowan’s freedom now, at this point in his life, being that he has now been falsely accused; it would destroy his progress, his life and his family. It is to my understanding that prison terms are laid down to those that either lead a criminal life style and or those that show that extreme rehabilitation is needed. Placing Officer in such an environment of negative influences will just keep him further away from continuing the positive growth in his life. That is why I feel that it would be in Officer McGowan’s best interest to stay out of prison. It is in the interest of the accused to serve a punishment that will not affect her path to success. Robert’s character is of a dignified, trustworthy and respectable man. I ask that you give this respectable man a chance to clear his name, and not change the direction of Robert’s life based on hearsay and false accusations.

Correctional Officer Robert McGowan is a valuable asset to The California Department of Corrections and Rehabilitation, California Institution for Men at Chino, as well as his family.

If you have any questions, please do not hesitate to contact me.

Sincerely,

Jose L. Magallon
Correctional Officer

Letter from Officer J.Fine

2010-08-15T00:48:00.000-07:00

California Department of Corrections & Rehabilitation

Memorandum

Thursday August 27th, 2009

Re: Letter of Character‏ for Rob McGowan

My name is John Fine I am currently a Correctional Officer at California Institution for Men in Chino, CA. I have worked with Officer Robert McGowan for the last 6 years. Officer McGowan has come to my aide on and off duty numerous times. In 2003 I was in an off duty motorcycle accident and hospitalized I couldn't work due to the severity of my injuries officer McGowan was a partner and a friend, helping me and my family by putting together a time bank. He went around on his off duty time to fellow officers asking them to donate their vacation and holiday time so that my family and I would still receive a full check each month until I returned to work. He would also call every other day and check in with my wife and myself asking if there was anything he could do other than collect time, such as household duties etc. that I was unable to do. Robert would also offer to take me to doctor appointments for checkups and rehabilitation. Robert McGowan is not only an outstanding officer but and excellent friend my family and consider him an extended family member.

John Fine

Correctional Officer
CA Dept. of Corrections-Chino

Letter from Officer J.Vasquez

2010-08-15T00:46:00.000-07:00

Nov. 18, 2009
Re: Character Letter for Robert McGowan

To The Honorable Judge of the Court:

On behalf of Officer Robert McGowan, I am writing this letter to let the Court know of his character and integrity.

Having gotten to know Robert so well over the past eight years, I believe puts me in a position to provide you with an accurate assessment of his character.

As a partner, I have found Robert to be dependable, reliable, hard working, conscientious, honest and extremely competent.

To be honest, I really cannot think of anything of consequence on the negative side when it comes to Robert. I would have to say that Robert is a fine and well-balanced person.

I am happy to provide further information if required.

Very truly yours,

Jim Vasquez
Correctional Officer

Letter from Officer J.Brooks

2010-08-15T00:44:00.000-07:00

Tuesday, September 29, 2009

Re: Robert McGowan
Case No. CR 07-123 R

To Whom It May Concern:

I have worked with Officer Robert McGowan over the past few years. I am extremely disappointed to hear that he is facing a sentence from a system he has upheld as a California Correctional Peace Officer.

Robert McGowan is a good man and an outstanding American citizen. He is an even better Correctional Officer. Throughout my years working with him he always maintained his professionalism and he always abided by all rules and regulations.

This is a man who many officers trusted their lives with while working on the line, inside the prison walls. I find it very disheartening that a great man is being subjected to such a sentence. I KNOW from personal experience that Robert McGowan is a man of morals, ethics, and fine character.

Just a few examples of this fine character are as follows: When I first joined the department he was one of only a few officers that took time to teach and guide me with the job, this man always took time to help out people in need; he has always been there for his family; my observations have revealed that he does not tolerate immoral behavior (he has always taken pride in being a moral person).

Robert McGowan is a good man. I ask that you please take into consideration, this man’s character and background, before making any decisions. This is a man who provides for his family, is a good partner at work, and a good friend, even a good helper to those in need, who has abided by the law that he swore to uphold.

He deserves recognition for the life he has led so far to be taken into consideration.

Thank you for your time and consideration.

Correctional Officer
J. Brooks

Letter from G.Ray-family friend

2010-08-15T00:43:00.000-07:00

November 17th 2009

Re: Character Reference for Robert McGowan

To Whom This May Concern,

My name is George L. Ray. I am employed by The San Bernardino City Fire Department as a Fire Engineer/ Paramedic. I have worked in the fire service for 20 years.

I have known Robert McGowan for several years. He is my neighbor and good friend. Our children also attended the same school. We were first introduced at the school where Robert’s son and my son were both starting kindergarten together. Robert and his wife were both very involved in school functions, volunteering for various activities and tasks and never miss an opportunity to participate in their son’s education. Robert is respected and is a valued member of our community. Our neighborhood was attacked by kids with spray paint, not only did Robert remove the tagging around the school so the young kids would not see the obstinacies, he went around the other parts of the neighborhood and helped complete strangers remove the paint with his own pressure washer. Robert is well liked and highly respected by the staff at the school, other parents and the community at large. We have also had a friendship grow between our families to the extent that we have taken family vacations together.

I am aware of the charges Robert is facing as well as the verdict that was reached. I can honestly say that I was completely confused and amazed with the jury’s verdict. I was not present during the trial, nor was I in the deliberation room as the verdict was reached but I have a difficult time understanding how the jury could have come to this conclusion. I have personally witnessed Robert’s calm emotional reaction to situations, some of witch I was impressed with how calm he remained. I can say that if Robert was to lose his composure it would be out of character to the Robert I know. He has proven to be level-headed and calm when faced with difficult and aggravating situations.

I have also seen the financial and emotional toll this is taking on Robert and his family. He has done an outstanding job providing a secure and stable home for his family. Like myself, Robert and his wife feel having the mother at home is a great benefit to our children. Robert has taken on the burden of being the sole income earner so that his children can grow up in a home where the warm embrace of their mother is never too far away. These are the things that matter to Robert, not bravado or revenge for a fellow officer. It’s an almost indescribably helpless feeling watching a man who has proven to be an honest and loyal friend, father and husband become a victim of the legal system that he took an oath to uphold. I would trust Robert with everything that matters most in my life, including the care of my children or the safety of my family.

I appreciate this opportunity to share my thoughts with you about Robert. He is above all a man of integrity and has earned my respect. I honestly aspire to be more like the person that he is today and I believe others should as well. We need more people like him in our community. In spite of this devastating proceeding he continues to enrich the lives of those he encounters.

Thank you for your consideration,

Respectfully,

George L. Ray
San Bernardino City Fire Department