Community Wants Judge Lemkau Out & Hosking in After Psycho Dad's Murder of Baby Wyatt Garcia
On February 15, James Hosking announced the 'gutsy' decision that he is a Judicial Candidate campaigning against Judge Robert (Bob) Lemkau, whose County Elective Office is #11. A reader told me that 'the community is devastated by the death of baby Wyatt, which was allowed by Judge Robert Lemkau who was supposed to be there to protect him'. The community as a whole is determined to unseat Lemkau on Election Day June 8, 2010.
James Hosking needs $32,000 to place his Candidate Statement into voter-information packets. The fee is due to the Registrar of Voters by March 12, 2010. Hosking is determined that the legal system protect people. "The People of San Bernardino County deserve a legal system that reviews all the evidence available and protects its citizens," states Hosking. For campaign details and to make a contribution, visit here.
The community majority want Lemkau removed and believe that by keeping Wyatt Garcia's story alive, voters will remember Lemkau's grossly unjust and fatal decision when they vote on June 8 and thus help a metaphoric David bring his Goliath crashing down- they will help Attorney Hosking to defeat Judge Lemkau. "It is gutsy for an attorney to try to unseat a judge and this courageous young man needs everyone's support. We can unseat Judge Lemkau by supporting James Hosking," said a community member.
The tragedy of baby Wyatt James Arthur Garcia-
On the Sunday morning of January 31, 2009, Stephen Garcia of Pinon Hills pulled up his Toyota Tacoma truck into a snow-bank along a rural mountain road. Garcia was armed with a psychotic mind, a ranting murder-suicide note, and a Walther P-99 pistol. Behind him in the extended cab sat Yucca Valley infant Wyatt Garcia buckled into a car seat. It was 1:19 am.
Garcia pulled his pistol on his baby son and shot him to death. He turned the pistol on himself and fired another fatal shot. Moments later, the pursuing Twin Peaks Sheriff Deputies came upon the dead bodies. Clearly a case of homicide and suicide. And clearly preventable if Judge Lemkau had paid attention to the evidence before him and made a rational decision.
Only ten days earlier in the Victorville courthouse, Judge Lemkau had before him baby Wyatt's young parents- Katie Tagle and Stephen Garcia- and evidence from Tagle of Garcia's physical abuse to Tagle and his threats to kill baby Wyatt. According to the court transcript: Lemkau did most of the talking; Garcia made a few statements; Tagle was cut off each time she tried to reply to the few questions Lemkau posed to her. After telling Tagle several times that he believed she was lying about Garcia's threats, Lemkau said, "I'm going to keep the full custody orders in full force and effect." A decision Lemkau surely would not have decreed for his own daughter if in Tagle's situation.
Tagle's ex-husband and the father of her son Dakota, Richard Tagle, told the Hi-Desert Star, "The judge had not read the exhibits. Just from the very beginning, he didn't want to listen. He started out by saying, 'one of you is lying. I think it's you,' and pointed to Katie."
Tagle had gone before a judge two other times. One of the judges was David Mazurek. Tagle went before him on January 12. Judge Mazurek denied a permanent restraining order despite Tagle's statements of Stephen Garcia's abuses of her and his threat to their baby.
Hosking contended to the San Bernardino Bulletin that Judge Lemkau's ruling in the case of baby Wyatt was the latest in Lemkau's series of controversial rulings since his appointment in 2007. When assigned to the Criminal calendar, Lemkau's rulings spurred the District Attorney's Office to avoid having cases assigned to his courtroom. Lemkau was reassigned to Family Court, where "even there, a ruling can have really disastrous results, " said Hosking.
A Lucerne Valley woman wrote of her complaint against Lemkau. "My daughter was in traffic court and he had her removed from the court physically by the bailiff. She was thirty weeks pregnant and was refused to leave court to use the bathroom or put her feet up per her doctor's orders. This was all before the tragedy of Wyatt's murder. This person should not be allowed to be a judge of any kind," said the woman, who signed off with 'you have my vote'.
Stephen Garcia's contact with reality was grossly distorted if not lost. Among his many rants (on MySpace, Facebook, and a website), he said that Wyatt was better off dead than to live in a broken home. Tagle left Garcia because of abuses that he inflicted even when she was pregnant. She started a new life with a new boyfriend. But Garcia wanted her back and, unhappy with mere visitation rights to baby son, he wanted to be with Wyatt one hundred percent of the time.
Grossly disturbed by his own rage and mental sickness, Garcia said he believed that killing Wyatt and himself was the only solution. "What good is having Wyatt full time, or 50/50 without Katie. I would [have] had to live with my parents forever, be alone, have Wyatt go back and forth for years to the guy Katie cheated on me with. I would [have] never been happy," wrote Garcia in his seventeen-paragraph murder-suicide note.
Judge Lemkau could not be reached for comment. He has declined to discuss his ruling in published reports say San Bernardino court officials. Lemkau could have prevented Wyatt's tragedy by making permanent a temporary restraining order (said to be issued by a deputy) against Garcia.
The ruling that set Wyatt Garcia's death in motion spurred Hosking into action. "After the recent tragic news that shattered the Tagle family last month, I knew in my heart that without a doubt I needed to commit to pursuing a seat in an effort to remove Judge Lemkau from the bench. It is time for change!" said Hosking, who received his Juris Doctorate from the prestigious Loyola Law School. He became a Deputy District Attorney for SB County in 1999. Contact James Hosking at ElectHosking@sbcglobal.net.
Anyone who has information about this case is asked to call Detective Ryan Ford or Sgt. Frank Montanez at the Sheriff's Homicide Detail at (909) 387-3589 or call WeTip at (800) 78-CRIME.
Psycho Dad Stephen Kills His & Katie Tagle's Baby Wyatt Garcia & Himself
Baby Wyatt Garcia- Judge Lemkau May Lose to James Hosking Over Murder of Katie Tagle Son
Sources: ElectHosking.org; RemoveLemkau; ElectHoskingLetters; HiDesertStar; SunSB; DailyPress; MyDeathSpace
Published by Rik Merchant
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16 Comments
Post a CommentSO glad I googled Hosking & Lemkau before voting. Please do a good job, Hosking!
I just recently heard about this case. THANK GOD it happened in my County, so I can vote this A-Hole of a judge out.
Tomorrow can't come soon enough. Lets see home many people I can talk into voting for Hosking before tomorrow.
When I heard about this race, I wanted to learn more on my own - instead of listening to all the internet debaters (not that you're not all very entertaining). I looked at both websites for both candidates.
You know what?
Hosking is endorsed by:
San Bernardino County Deputy Sheriffs,
District Attorney Investigators,
Coroner Investigators,
Welfare Fraud Investigators,
Probation Corrections Officers,
Specialized Fire Services,
Big Bear City Firefighters, and
Apple Valley Firefighters
San Bernardino School Police Officers' Association
San Bernardino Police Officers' Association,
Ontario Police Officers' Association,
Barstow Police Officers' Association,
Fontana Police Officers' Association,
San Bernardino Courts' Executive Offices,
City of Redlands,
City of Pomona,
City of Colton,
City of Ontario,
Department of Childrens' Services,
Behavioral Health,
Sheriff's Communications,
Child Support Services, and the
Inland Empire Utilities Agency.
Lemkau is endo
Hi Dan Perry, Thank you for the site. I have read the post. My main reservation is that Judge Lemkau did not allow Katie Tagle to utter even just one full sentence. Of course his mind was made up already based on the previous two judges' findings but should it have been? While I would not lay blame entirely on his shoulders, I believe he should have allowed Katie Tagle to speak. He might even have changed his mind. Yet, I do hope that many people read the post.
I recommend suing this judge in civil court for wrongful death. I would also be curious to know whether he keeps his pension and retirement benefits when he is forced from the bench. Most elected officials get to keep very lucrative benefit packages even when kicked out or resigning in disgrace.
If Lemkau had issued the restraining order, would that have prevented the homicidal psychopath from carrying out his horrific deed? How?
I agree that his error is one of arrogance, as practiced by so many judges on the bench in all counties of this state, but alleging that he "caused" the child's death is idiotic.
We do need to clean up our bench, from the top to the bottom, but putting yet another criminal prosecutor there to supposedly mete out "neutral" justice is not the solution.
It is ironically tragic that a MORMON JUDGE SENTENCED A 9 MONTH OLD INFANT TO DEATH without so much as a fair hearing on the facts, when a TYPICAL CONVICTED MURDERER will cost the judicial system over $5 million dollars and an average of 14 YEARS to finally EXECUTE.
What did Judge Lemkau have on his calendar that day that was more important than protecting the life of an innocent child?
Perhaps Judge Lemkau was tired, distracted, overworked, maybe even underpaid (making only $300K+ per year), maybe he was "having a bad day", maybe he "could not foresee" the consequences of his hasty and ill-considered opinion, PERHAPS HE DID NOT EVEN READ THE PLEADINGS, but whatever excuse he now provides, the fact remains JUDGE LEMKAU SENTENCED AN INNOCENT, 9 MONTH OLD CHILD TO DEATH!
THOSE WHO OPPOSE CAPITAL PUNISHMENT DO SO ON THE BASIS THAT EVEN ONE MISTAKE WILL SENTENCE AN INNOCENT MAN TO THE GALLOWS - - THAT IS EXACTLY WHAT JUDGE LEMKAU DID IN THIS CASE.
THERE IS NO "SECOND CHANCE"
The community continues to be outraged over the Lemkau decision and the death of Baby Wyatt.
I just found out there is a new website and movement to oust Lemkau.
Go to: www.lemkaumustgo.com
The arrogance of Judge Lemkau is sickening, and in this case, was fatal for a baby. I hope the public comes out in force to vote for Hosking to replace him. I like what I hear about this D.A.!
Great article! Giving some page love.