Summer Shandy

1.  (Shandy)   By now, I hope you managed to overcome the inhibition of mixing equal amount of beer with 7UP (or Sprite) and made yourself a cool and refreshing Shandy. The idea of mixing a beer with a carbonated beverage is strange to those who visit the U.K., especially American tourists, for whom a slice of lemon will suffice. In my neck of the woods, the beverage is not made with Ginger Ale or Lemonade as some recipes suggest.

Nonetheless, the inhibition is understood, as I also proceeded with caution while visiting New-Mexico when offered a Fruita Picada, a fruit-salad spiced with salt and Chili Powder.

2. (Crack or cocaine?)  While employed by the State Bar of California, Mr. Mike Nisperos resided in Pasadena. After a failed power struggle with Executive Director Judy Johnson, Nisperos did not seek reappointment.
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Nisperos stated to the California Bar Journal that even though he found it "tempting", he would not do so as "the Bay Area calling me back to my roots." Hence, Mr. Nisperos moved back to his Oakland home.

On the trip from Pasadena to his roots, complying with the calling from the Bay Area , Nisperos, as was reported by the Metropolitan News Company, was arrested and criminally prosecuted for attempting to board an airplane carrying a dangerous weapon at the airport in Burbank, California.
Nisperos Dangerous Weapon - Copy

Jo-Ann Grace
Jo-Ann Grace, the president of the Metropolitan News Company and a friend of Thomas Girardi, shown here presenting 1996 Metropolitan News-Enterprise "Person of the Year" Award to California Chief Justice Ronald M. George at annual dinner. (Photo: Courtesy Metropolitan News-Enterprise)

Mr. Nisperos, now back at his roots, worked as an associate at the law-office of Mr. John Burris, a well-known and well-respected civil rights attorney.   Previously, Mr. Burris also represented Nisperos in his wrongful termination action against the INS.

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Mr. Mike Nisperos, spent 28 days at an in-patient psychiatric facility in Oakland after he, delusional, had open fire at an imaginary intruder. (Photo: courtesy of Bar Journal)

Nisperos, who was employed as an attorney with the INS, was fired very shortly after his supervisor had learned of his serious drug addiction and  his arrest for being under the influence of cocaine/possession of narcotic paraphernalia.  TLR's readers recall that the day prior to his arrest, Nisperos, delusional, opened fire at an imaginary intruder.  This information  was also known to Nisperos' supervisor at the INS.

After his release from jail, Nisperos spent 28 days at an in-patient psychiatric facility in Oakland.  A day after his release, Nisperos was given a letter notifying him that he was being terminated by the INS.  Defiant and unable to recognize the risks he posed, Nisperos sued for reinstatement seeking to reimpose himself on the INS. (Nisperos v. Buck  720 F.Supp. 1424)

Parts of the inconsistent decision state (emphasis added):

"During the course of this litigation, the INS has stated that the reason for Nisperos' termination was his cocaine use and arrest. (Le Fevre Jan. dec. 10; Odencrantz dec.6; Momboisse dec. 6.)"

" INS terminated Nisperos because of its belief that his admitted cocaine use and arrest made him unfit for his position as a general attorney. Le Fevre Jan. dec.  10; Odenkrantz dec.  4, 6; Momboisse dec. 4, 6. Further, Le Fevre states that he suspected, in late September, that Nisperos had a serious drug problem. (Le Fevre Jan. dec. 5.)"

"use of illegal drugs by Federal employees, on or off duty, cannot be tolerated.... The INS, as a result of its law enforcement and drug interdiction responsibilities, as well as the sensitive nature of its work in the implementation of the Immigration and Nationality Act, and all other laws relating to immigration, naturalization, and nationality, has an especially compelling obligation to eliminate any illegal drug use from its workplace"

"Defendant refers to certain incidents a few days before Nisperos entered the rehabilitation program in which, defendant asserts, Nisperos experienced hallucinations and fired a gun at an imaginary intruder. (Def. Brief in Opp. at 6.) As the INS itself points out, however, hallucinations, violent behavior and paranoid delusions are direct manifestations of Nisperos' handicap of cocaine addiction. (Def.'s Rebuttal at 7.) In any case, plaintiff was not discharged for these reasons. (Id.)"

Nisperos' case, as the reader should observe,  was predicated on the fact that he was addicted to cocaine.   TLR obtained information that Nisperos, during the last few months of his prolonged  addiction,  was "cooking" the cocaine, a chemical process which turns it into "crack", a substance Nisperos smoked.

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Upon accepting an invitation to work as Oakland's "Drug Czar" from than Mayor Elihu Harris, Nisperos admitted to a reporter  he was "cooking" the cocaine and smoking it.

As such, TLR asks:

Were the court and the INS aware of Nisperos use of crack?

In his sworn testimony to the court, did Nisperos inform the court of the fact that he was "cooking" the cocaine and smoking it?

Why the use of crack is not mentioned in the decision?

Would the case have been decided differently?

 

3. (Running for office) Shortly thereafter, Nisperos ran for office. More specifically, Nisperos wished to be elected to serve as a judge.   Despite endorsements from John Burris, Holly Fujie and Thomas Girardi, he finished last.


Holly Fujie, an APA, the former president of the State Bar of California and a shareholder with Buchalter Nemer offered her endorsement to the election of Mr. Nisperos, a fellow APA. (Photo: courtesy of Picasa)

John Burris
Mr. John Burris, a well-known and well-respected civil rights attorney,   who represented Nisperos in his wrongful termination action against the INS. In 2005, federal judge Vaughn Walker fined Burris $10,800 for filing a meritless lawsuit without adequately investigating the claims of his clients.  Walker stated:  "Indeed, Burris' years of experience and success serve to magnify the egregiousness of the conduct at issue in this case."  (Photo: courtesy California Lawyer)

Despite the fact that Judge Walker referred the case to the State Bar of California for prosecution, the State Bar took no disciplinary action against Burris.

TLR's would like to inform its readers of the fact  that in addition to working for Burris after Nisperos left the State Bar, Niseros was also employed as associate by John Burris between Feb 1988 to Aug 1989.

 

4. (Saipan)   Very soon thereafter, the following appeared in the Recorder:
Mike Nisperos Headed to Saipan

Saipan is part of the Commonwealth of the Northern Mariana Islands(CNMI).   According to Wikepedia, CNMI is a commonwealth in political union with the United States.   It is located near the Philippines, and composed of a chain of 15 tropical islands belonging to the Marianas archipelago in the western Pacific Ocean. 14 Islands are part of the CNMI.

saipan
Photo credit: spaciousplanet

The 15th island which is the largest and southernmost of the Mariana Islands, is not part of the CNMI, rather it is an unincorporated territory of the United States better known as Guam.

TLR's readers should not be lured by Saipan's image of "tropical paradise."  Along with Spam, which is quite common, Saipan is highly infested with corruption and criminal activities, along with  bribery and nepotism.  Even the daughter of an elected official is on the payroll , despite the fact that she is only 5.  Saipan was given the  nickname  "Las Islas de los Ladrones", the island of thieves, early on, in the 16th Century.

Garment factories and "sweat shops" are also quite common. The factories employ  young women form the Philippines and Thailand.  In exchange, they are raped and murdered by the locals as a matter of course.   Convictions are rare as a jury composed of locals will rarely convict a fellow local, assuming there was even a police investigation.  Hence, the misguided claim by  the Recorder that the homicide rate is known to be one a year.

One company with ties to Saipan is Abercrombie & Fitch, which takes advantage of Saipan's sweat shops and commonwealth status to avoid paying U.S. import tariff.    "Sex-Tourism" is also quite common, with heavy demand for young girls from the Philippines.  A sick practice popularized by a  a graduate of the University of California, Boalt Hall School of Law and a member of the State Bar of California, Larry Hillblom.

Nisperos's contract called for him to serve in his Saipan's post for two years. The Saipan Tribune published a story about Nisperos who "has set several goals for the minimum two years that he will stay here. These goals include: to serve the Commonwealth using his nearly three decades of legal experience, to visit surrounding Asian countries, and to get invited to a party where goat meat will be served."

Nonetheless, shortly upon his arrival, the president,  Mr Gregorio Cruz, called for his resignation. Nisperos, mysteriously, already resigned and skipped to Guam, to work as a public defender.
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TLR was unable to verify if Nisperos met his goals of "prosecuting at least 15 more jury trials", attend a party where goat meat is served,  the location of the spurs.  Although it is safe to assume that the calling from Guam echoed louder than the calling from the Bay Area.

9. (Eleanor O. Nisperos)  Moving from Oakland to Saipan with Mr. Nisperos, was Mrs. Eleanor O. Nisperos.  Mrs. Nisperos is a member of the State Bar of California, and a legend in the Philipino-American community.

As nepotism in Saipan is quite common, she also commenced working for the Attorney General.  The Supreme Court of Saipan, however, quickly  ordered her to cease practicing law and commenced disciplinary proceedings against her for practicing law without a license.   A decision issued by the court stated in relevant parts:

"With thirty-six years of experience as a government attorney, we find it disconcerting that (Eleanor) Nisperos failed on such a fundamental level."

"The primary responsibility of the AGO is to serve the people of the Commonwealth in upholding and enforcing the Commonwealth's laws. When the AGO disregards court rules, or otherwise contributes to the unauthorized practice of law, the Commonwealth is ill-served."

The decision of the Commonwealth notwithstanding, TLR's readers should know by now, ill-serving the community is a common theme with a Nisperos, quite common.

To be continued.