New Times - San Luis Obispo

BY DANIEL BLACKBURN

In a stunning reversal, the San Luis Obispo County District Attorney has filed charges against Kenneth Walter Freitas in the Sept. 7, 2002, crosswalk death of 17-year-old Sarah Scruggs of Grover Beach.

And county grand jurors have decided to investigate the conduct of the district attorney's office for its controversial handling of the case.

Both occurrences are precedent setting.

The decision by District Attorney Gerald Shea caps a months-long letter-writing campaign by county residents angered by the lack of prosecution of the 33- year-old son of the county tax collector, Frank Freitas.

"We had strength in numbers," said Elizabeth Scruggs, Sarah's mother, referring to the community's strong show of support.

In a statement issued last week, Shea said the state's attorney general "has communicated to us that our office is now authorized to resume our jurisdiction over [the case]. We are charging the defendant with vehicular manslaughter."

Arraignment is scheduled Sept. 29 in SLO County Superior Court.

Kenneth Freitas has a lengthy record of driving violations, 19 since 1988, and two separate road rage incidents that were originally pursued as felony violations, only to be quietly lowered later to misdemeanor charges. He spent six months in county jail for the road rage incidents, in which he veered his speeding vehicle at others on Highway 101. In one instance, Freitas stopped and stomped on a new Jaguar driven by a man he threatened to kill, according to court records.

Shea asked the attorney general in March to investigate the matter, he said, after prosecutors discovered that the younger Freitas was related to the 30-year county official and feared a conflict of interest.

By that time, however, the case had been sitting on the desk of Deputy District Attorney Lee Cogan for six months without being assigned to a prosecutor for action.

Finally, Tom and Elizabeth Scruggs, Sarah's parents, wrote a plaintive request to Shea, asking for an explanation regarding Cogan's apparent inactivity on the file. Shea and his chief lieutenant, Chief Deputy District Attorney Steve Brown, reviewed the file and recommended that criminal charges be filed. It was at that time that Shea first learned, he said, about the Freitas family connection.

It is not uncommon for cases where a possible conflict of interest exists to be moved to the purview of the state's top prosecutor. Previously, decisions of the attorney general in these kinds of cases have been final. In the Scruggs case, the response of county residents to the attorney general's decision, as well as to the prior handling of the matter by Shea, was vocal and durable. When the attorney general concluded that "insufficient evidence" existed to pursue prosecution, friends of the Scruggs family circulated petitions seeking a grand jury investigation into procedures and policies used by the district attorney in his handling of the case.

Elizabeth Scruggs, Sarah's mother, said she and her husband feel "relief" at the district's attorney's decision to prosecute Freitas. "That's what we expected, considering the pressure and scrutiny they are under," she said Tuesday. "This has never happened," she said about the district attorney's reclaiming of the case. "They told me no one knew if it was possible." She said she thinks Shea "is going to have to pursue [the prosecution] vigorously." Scruggs said she was "very reluctant" to involve the media and public in the case, but felt compelled to do so when the state agency declined to act. "It has made people more aware and more willing to do something," she said of the considerable public response.

"It reinforced my belief that when tragedies happen, people do have a choice. We could have packed it all up and moved away and started a new life. But this is where our family is. To honor our daughter we have to go on and try to make sure this doesn't happen to another family. It restores my faith in community."

The current grand jury has asked the county counsel's office for legal guidance as its members begin their unique probe into Shea's handling of the case. According to sources, the investigation will seek to learn if county prosecutors purposely tried to subvert the Freitas proceedings. .

MANSLAUGHTER CHARGE Kenneth Walter Freitas faces vehicular manslaughter charges for the Sept. 7, 2002 crosswalk death of Sarah Scruggs. The district attorney's decision to file is unprecedented. FILE PHOTO COURTESY OF SLO COUNTY SHERIFF'S DEPT.

Pismo woman dies in Highway 101 accident

An 18-year-old Pismo Beach woman died Tuesday in a blazing traffic accident on Highway 101 near the South Higuera Street exit. Danielle Ovellette was driving a 1998 Neon about 70 mph in the slow lane, according to California Highway Patrol officers, when she tried to change lanes and collided with a car driven by Mary Goodwin of Los Osos. Ovellette's vehicle left the highway and burst into flames, damaging a tree. Traffic was affected for more than an hour, and the northbound lanes were closed completely. A passenger in the Ovellette vehicle, Millisa Mankins, 19, suffered minor injuries and was treated at French Hospital in San Luis Obispo. Goodwin escaped injury. The accident remains under investigation.

Free your mind

The mind plays tricks, which is why it's always good to keep an eye on it. And there's no better way to watch the mind than to practice mindfulness, a style of meditation that helps reduce stress, improve health, and manage pain. Dr. Mark Schecter of Cayucos offers an eight-week course in mindfulness training based on the pioneering work of Dr. Jon Kabat-Zin, author of "Full Catastrophe Living" and founder and director of the Stress Reduction Clinic at the University of Massachusetts Medical Center. Zin has conducted studies showing the medical benefits of the simple practice of observing one's breath and thoughts, which enables practitioners to release the daily tensions that can cause long-term ill effects on their health. Schecter is offering a free introductory class for people who are interested in this type of stress reduction. Schecter will introduce some of the principles that will be covered in the eight-week course. The introductory class is scheduled for 7 p.m. Tuesday, Sept. 16, and will be held in the SLO County-City Library Community Room. For information, call Schecter at 995-2010.

Flagrant flag waiver

The American Legion is asking for a waiver from San Luis Obispo's adopted open space policies to install a king-size illuminated U.S. flag and a fivestory- tall flagpole on a prominent hillside overlooking Hwy. 101. The site, next to KSBY studios at the southern edge of the city, was selected "to make our city proud," according to the Legion's past commander, Bob Bryn. American Legion and Marine Corps League members in full dress uniform packed a city meeting room last week to make their proposal to the Architectural Review Commission. "We request allowing our project to be completed in the name of freedom and democracy," Bryn said in a prepared statement. The proposed site is covered by the city's stringent open space policies designed to protect the area's rural character and resources. The Architectural Review Commission meets Monday, Sept. 15 at 5 p.m. at City Hall to consider the Legion's request.

Big names for Cuesta's Writer's Conference

The Cuesta College Writer's Conference XIX takes place on Friday and Saturday, Sept. 12-13. The festivities begin at the student conference center (Room 5401) with dinner and refreshments at 5 p.m. This year's keynote speaker, Jonathan Kirsch, will give a welcome address at 6 p.m. followed by the weekend's first workshop from 7:30-9 p.m. Kirsch is the author of seven books, including three national best sellers. He is a book critic for the Los Angeles Times and a broadcaster for National Public Radio. Workshops will cover everything from teaching yourself to write, getting published, proofreading, writing, and rewriting everything from short stories, mysteries, children's books, novels, and opinion pieces. Three workshops will be sandwiched around lunch on Saturday and the weekend wraps up at 5 p.m. The cost for the entire weekend is $95 and registration is available at the door. For more information, call Cuesta College Community Programs at 546-3132. .

This week's What's News was compiled from local and other news sources by News Editor Daniel Blackburn, Staff Writer Matt McBride, Managing Editor Stacey Warde, and Contributing Writer Kathy Johnston.

Citizen's alert! Get a complete list of upcoming government meetings, and how to reach your government officials at www.newtimesslo. com. fyi

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District attorney charges Freitas SLO County grand jury will investigate the D.A.'s handling of the case