LAKEPORT — A victim couldn”t remember details in a case that found a Nice man not guilty of theft charges on April 14.
A jury found Leland Buckmaster not guilty of grand theft from an elder, grand theft, embezzlement, contracting without a license and collecting more than $1,000.
The District Attorney”s Office alleged Buckmaster agreed to install a water filtration system for Wallace Macomber, now 75, in December 2005 for $3,200.
Rachel Abelson, senior deputy district attorney who prosecuted the case, said Macomber”s memory was somewhat compromised and he didn”t remember details.
“Memory problems can be fatal,” Abelson said of the case.
When Buckmaster didn”t install the system, Macomber got someone else to finish the job and filed a small claims suit against Buckmaster, Abelson said. Macomber won the judgment for $2,500 but still hasn”t gotten the money.
Macomber contacted the Contractors State License Board and was interviewed in November 2007, Abelson said. The board forwarded its report to the Lake County District Attorney”s Office at the end of that month. The office filed a case January 2008 and had an arrest warrant issued. Officers arrested Buckmaster in January 2008.
A judge found there was sufficient evidence during the preliminary hearing October 2008 to go to trial, but both defense and prosecution asked for continuances.
When Macomber gave the report in late 2007, Abelson said he seemed “pretty sharp.”
During the trial, the contracting state license board witness gave an opinion that Buckmaster”s actions fit within the guidelines of contracting without a license, Abelson said.
Defense attorney Doug Rhoades said he agreed with the jury that found Buckmaster not guilty of that charge.
Abelson said she has been handling elder abuse cases for about five years. Many times she uses her discretion as how to charge the cases.
Abelson said she”s disappointed people are using the fact she lost a case for political gain.
“It”s being used as an attack against my boss, someone who is very supportive of my cases,” Abelson said.
Rhoades said he wasn”t aiming for political gain when he sent out a press release, which he does every time he gets a not guilty verdict.
Abelson said even with the memory problems of the victim, she would try the case again.
Rhoades said he understands why the case was originally scheduled for trial years ago, but he didn”t think the District Attorney”s Office was ready for trial.
Both attorneys agreed elderly tend to be victims of contracting without license, and even people with licenses take advantage of them.
“I guess it”s hard being physically limited and mentally limited,” Abelson said. “You don”t want people to know that by telling people you”ve been taken advantage of.”
People who want to contract with someone for services can check the contractor license number to see if their license is valid with the Contractors State License Board, which can be reached at 1-800-321-CSLB or online at www.cslb.ca.gov. The board refers valid criminal complaints to the District Attorney”s Office, Abelson said.
Contact Katy Sweeny at kdsweeny@gmail.com or call her directly at 263-5636, ext. 37.
