JUDICIAL MISFITS: A factual expose of an industry answerable only to itself

By Dave Palmer, J.D. (aka The Watchdawg), GATT Publishing, 2007


Pages 229 -230.
Chapter title: Criminals

Aggressive tree-hugger
Judge Peter J. McBrien
Sacramento, California
Punishment: Public Admonishment
Sources: Sacramento News and Review/American Forests
Current Status: Sitting Judge

In November 1999, a forest ranger noticed several large oak trees – later determined to be 50 feet tall and 80 years old had been dismembered, their trunks and limbs still resting where they had landed after falling 50 feet to the ground. The ranger was shocked by the extent of the damage. “This was a pretty egregious act,” he said.


Pete’s family acting as scofflaws

Because there was an eyewitness (Ms. Arthur) who watched Pete and his wife in the act of supervising and helping Titan Tree Company owner Mark Chamberlain lay waste to the majestic oaks, that portion of the investigation was resolved rather quickly.

Court records show that Ms. Arthur observed that Pete, his wife and two sons were in the backyard while Chamberlin topped the trees. Pete was using a rope to help Chamberlain get down the slope of the bluff. While standing in the backyard, different members of the family would call out that another tree or limb needed to be cut.

In order to avoid detection for his criminal conduct, Pete timed the illegal cutting by doing it in the evening when the nature center was closed and park rangers were spread thin.

The ranger said, “It doesn’t take a rocket scientist to figure out who would benefit from those trees being cut.” The houses bordering the nature area are located on a bluff 40 to 60 feet above the area and, as he climbed up, he noted that one home above the destroyed trees now had an unobstructed (judicious) view of the river. Pete wasn’t about to comply with any “stinkin’-law” that was obstructing his view of the river. After all, Pete was the law, right?


Let’s Make a Deal

Less than 48 hours after the felony charges were filed, the case was resolved when the DA agreed to a misdemeanor plea of ”overly aggressive tree-hugging,” I’m sorry; I mean destruction or removal of public trees.

Pete and Chamberlain pled no contest and were fined $500 and agreed to pay $20,000 to the nature center. Pete was allowed to leave the courthouse through a non-public rear entrance in order to avoid questions from the media.

How sweet! Pete gets to slither away through a rear entrance after sticking it in the collective derrieres of the Sacramento County taxpayers. Wonder why Pete’s wife or two sons weren’t criminally prosecuted as co-conspirators? Foolish me!


Who said crime doesn’t pay?

After criminally laying waste to the majestic oaks, the criminals (Pete and his wife) got the “view” they were seeking. Better yet, their criminality caused the value of their home to increase by about $100,000. A 400% return on their criminal conduct! Is that like sweet or what?

When DA Locher was asked if the property value increase was a factor considered in settlement talks, he admitted that it was...but it wasn’t. What in the hell does that mean? Oh I get it now. It would have been if the criminal wasn’t a judge, but since he was and because Judges are held to a lower standard of conduct, it wasn’t.


Reprinted with permission of the author.

You can order your own copy of Judicial Misfits at www.amazon.com and read about the various judicial misfits listed under such descriptive chapter titles as “Child Molesters,” “Porn Surfers,” “Sadists,” “Miscellaneous Perverts,” “Drunks,” “Morons,” and “Pugilists”. There were over 900 submissions and only 150 stories were told. We are pleased to know that Sacrament Judge Peter J. McBrien made the cut.