Unions, Rose Herrera Declare War

Less than a month until the June 5 primary, labor unions fired off several accusations Tuesday that Councilmember Rose Herrera lied to voters during her 2008 campaign and may have even committed perjury in the mid-1990s. Herrera responded by calling the unions “bullies” who are using “misrepresentations and lies.”

According to PDF documents on a website the firefighters union spent $5,000 to build, Herrera provided false information about her marriage status on two documents to transfer property, as well as on a personal bankruptcy filing.

In a Wednesday speech to the San Jose Rotary Club, Mayor Chuck Reed defended Herrera and said the unions “are trying to take Rose out as a punishment for saying ‘no‘ to them.” Reed encouraged business leaders to “reach out to Rose and help her” and respond to the “personal” and “vicious” attacks.

“Rose Herrera’s going to win,” the mayor predicted.

Two other accusations against Herrera made on the labor-funded website—that she manipulated investors in her company, according to a fraud lawsuit; or that she had code violations as a landlord—could be damaging to Herrera’s re-election campaign, but they don’t seem to rise to the same level as the allegation of perjury.

“The charges are not true,” Herrera said Wednesday evening. “I’m incensed at this point. These are not legitimate charges against me. These are people trying to reach for things, documents where allegations were made. They’re not telling the truth. They’re misrepresentations and lies.”

The most serious of the three allegations against Herrera includes copies of grant deeds signed by Herrera and her second husband, Saru Deshpande. The first was dated next to the signatures June 17, 1993, and recorded by the county on Feb. 14, 1994. This document says the couple took over property from a business partner and lists the couple as married. A second grant deed, which transferred property from Deshpande to Herrera and is recorded by the county 11 days later after the first—Feb. 25, 1994—lists both Herrera and Deshpande as single.

A third document, a Chapter 13 bankruptcy filing in 1996, shows Herrera also listed as single, when, in fact, she was still legally married to Deshpande until early 2007.

Herrera said she and Deshpande were married in 1990 but “separated not very long after we were married.

“We stayed partners, but we were not together.”

Herrera disputed union allegations that the designation of single or married on the forms had any fraudulent intent. “We decided we were eventually going to get divorced, we were not together, and he was conveying the property to me,” she said.

“You can say that, yes, legally we were still married, but that doesn’t constitute fraud. The whole point was transferring assets. The only way there could have been fraud is if we were trying to protect assets, and our bankruptcy happened years later.”

Herrera also said the unions’ allegations are designed to rehash her personal bankruptcy as well as her company’s—Cinnamon Software, Inc.—in an attempt to distract voters from the issues at all costs.

“I never denied I went through a bankruptcy,” Herrera said. “I couldn’t make the payments, so I’m being crucified for what a lot of businesses have gone through in Silicon Valley, what a lot of businesses are going through right now.

“There just trying to drag this out and make some spurious accusations, because they don’t want to talk about the issues. They’re training their sights on me so they can try to take out the sixth vote (on the council). These guys are nothing but bullies. They can’t get what they want, so they’re going to try to bully me, and they’re going to try and bully this community.”

Herrera also wondered aloud why she has been the main focus of criticism from labor forces, instead of defeating Measure B or candidates in the four other council districts up for grabs.

She said she feels singled out for personal mistakes of years ago that have nothing to do with her actions as an officeholder. “Ash Kalra has a drunk driving ticket and they’re not talking about that,” Herrera said, noting the DUI arrest last year by the labor-endorsed incumbent in District 2.

On Tuesday, Sheriff Laurie Smith retracted her endorsement of Herrera. Sources close to the sheriff tell San Jose Inside that the perjury accusations, as well as her support for Reed’s law enforcement funding cuts, were key factors in the retraction.

Other reasons Smith gave in a press release disseminated by the San Jose Police Officers Association, which has been the source of a slew of attack ads against Herrera, cited concerns about funding for public safety, including her vote to accept an IBM report that suggested staff cuts. Those concerns, however, didn’t stop the sheriff from endorsing District 6 Councilmember Pierluigi Oliverio, who cast the same votes as Herrera on public safety issues, including the IBM report.

Herrera’s council colleagues who support the June 5 pension modification ballot measure also released a joint statement Tuesday denouncing the attacks as political distractions.

“These hit pieces are backed by the same lobbyists, labor lackeys, and lie-lobbers that drove this city into a fiscal ditch over the last decade and a half,” Councilmember Sam Liccardo said. “Rose Herrera had the courage to help pull us out, giving San Jose its first budget surplus in a decade, and the labor cabal now wants the car keys back.”

“Not one single attack they’re making is about the issues,” Herrera said, “and it’s unfortunate the sheriff fell into the trap.”

Josh Koehn is a former managing editor for San Jose Inside and Metro Silicon Valley.

33 Comments

  1. I’m gonna throw this out here…

    I started getting to know Rose after the Atul Lall attack.  I’m the one that nagged police into letting me put up wanted posters all around Evergreen.

    During the course of my investigation, I talked to shop owners.  So brazen were the ones that attacked Atul, they ripped down the posters inside of the shops.  When asked, “Why didn’t you stop them?” They’d reply, “Cops won’t come anymore”

    Dispatch has a huge problem right now in policy.  Myself, I just realized I’ve been the victim of a 911 operator that has a personal vendetta against me. They’re damn lucky I’m a bigger person than they are, because I am so tempted to bring Dolores Cardell in on this. 

    I’m not about to drop myself down to their level of pettyness.  They have a mortgage, kids, I’m not the type to screw someone over like that, even if they screwed me.

    But back to Atul Lall..

    I think it’s odd that the police went out and arrested his attacker the day after we drop the name “Emilio” on them.  I have doubts that they found the name on their own. I have a friend, former detective that tells me Dwyer is a straight cop, yet who’s to say the ones giving Dwyer the answers are being straight?

    This whole thing stinks like yesterdays diapers.

    There’s other oddities going on with the police now.  That Roosevelt park murder?  I offered to put up the press release all over the park.  After about 10 messages back and forth between myself the chiefs staff, I got a firm NO YOU CAN’T DO THAT. 

    This lack of notice is something I’ve been talking about at length with Kalra/Herrera. I mean, if a kid got murdered in the park by my house, I would welcome paper fliers telling me what happened.  Talked to my wife, she agrees.  Neighborhoods want to know this stuff.

    No.. SJPD needs a serious therepy session or two.  There’s still some good cops, but we have some people in there now that are making hugely bad decisions for the community based on personal biases instead of doing what needs to be done.

    Rose is one of the few councilmembers that’s shared some of that experience with me.  I know if she stays in office, we’re going to see a serious housecleaning in the SJPD.

    It’s about time.

    • Long post just to bash SJPD.  The only thing Rose will vote for is to clip thier pensions, because she like Chuck and his gang of 5 hate the PD and the unions in gereral.  She will have nothing to do with any so called “house cleaning”.

    • Robert you are pretty good at running a Karaoke machine, researching source ip addresses for lying council members and deep down (I think)  a pretty compassionate and decent guy for befriending and sticking up for local goofballs like the one who runs around provoking police with thier digital recorders that look like pens. 

      We share a common desire for safe neighborhoods for our families and our communities and there are far more “good cops” than bad. The only reason that there are fewer (1077 and falling) is due to Rose Herrera joining forces with Mayor Reed in slashing the department and ruining moral. 

      Please leave policing to the experts. You may disagree with the way SJPD conducts thier investigations but you can’t argue with one of the highest “solve rates” of all poice departments in the Nation if not the world – despite the Herrerra’s, Reed’s Constants … onthe council.

      Atu’ case was solved by SJPD’s work in putting ALOT of different pieces of information from many different sources together. Atul and others playing the “RACE/HATE – they called me a terrorist” card got alot of press but it was a load of crap. 

      SJPD will solve the Roosevelt Park Murder too. Please be patient and stay “behind the line.” The Department is very short handed and you arent making anyones job any easier.

      • Since you seem to be so department connected…

        Why don’t you look into the 911 call I made a few months back, where I got punted into the answering machine, and tell me there wasn’t personal bias involved?

        We share a common desire for safe neighborhoods for our families and our communities and there are far more “good cops” than bad.

        I didn’t say they were all bad.

        The only reason that there are fewer (1077 and falling)

        Yah I know, paycuts, department cuts, low moral, you’ve told enough people this over dispatch.  Why is it when people say, “Why is it going to be an hour before I get response?” you tell them, “Blame Reed” over dispatch?

        Doesn’t that strike you as a problem? 

        Please leave policing to the experts.

        I’m not trying to police, I’m trying to raise public awareness about what’s going on in their neighborhood.  Maybe we should just go about our normal lives and pretend it’s candyland out there.

        Atul and others playing the “RACE/HATE – they called me a terrorist” card got alot of press but it was a load of crap. 

        Really?  You mean to tell me that there was 0% chance that they called him a terrorist?  Ya, I love seeing you guys stick up for a scumbag like Romayor.  It really builds an image of “credibility” of the SJPD.  He did a similar crime before, and stole his neighbors dog.  I can’t imagine someone who’s such a model citizen of society ever calling Atul a “terrorist”

        The Department is very short handed and you arent making anyones job any easier.

        I’ll stay off the radar on this one for 4 months, but if you haven’t found anyone by then, with/without SJPD permission (I’ll seek it elsewhere) I’ll post wanted posters/press releases. 

        The only reason that there are fewer (1077 and falling) is due to Rose Herrera joining forces with Mayor Reed in slashing the department and ruining moral. 

        Yah, All Roses fault.  She had 100% power in that decision.

    • O.K . we get it you dont like cops , and you could do a better job. Obviously you know nothing of what Dispatchers do or what they go thru. These Dispachers go thru an insane academy and then an 18 month probation , why dont you check into the fallout rate. Im sure you would be surprised to learn that way more people fail than actually make it thru. On the subject of our dispatchers , did you know that our are the lowest paid and lowest compensated in the state? Is it any wonder that most jump ship as soon as they can. they are over worked and underpaid.watch and see what happens between measure B passing and when when it is struck down by the courts , Employees from al city depts will be jumping ship. why would anyone want to work here under these conditions

      • DISGUSTED IN SAN JOSE said:>O.K . we get it you dont like cops , and you could do a better job.

        Never said I don’t like cops, I just don’t like lazy.  I don’t like seeing citizen safety being used a pawn to sway voter opinion.  I don’t like it when I KNOW beyond any doubt, that the 911 dispatcher I dealt with a few months back had a personal vendetta against me.

        As far as the Atul Lall case, the detective involved has poor reading comprehension Here’s an example, from e-mails we traded.

        I sent him this email.  I’ll italicize it to differentiate it from the rest of this post.


        To: SJPD detective
        From: Robert Cortese  
        Feb 21

        This was posted on reddit a few hours ago.

        http://www.reddit.com/r/SanJose/comments/pstq3/posting_wanted_posters_on_sunday_anyone_want_to/c3to9p5

        ———-
        [–]sha***** 2 points 3 hours ago

        HOLY **** I know who that is….

        I see him in the Evergreen area all the time. I gave him some change
        once in the plaza on Aborn Rd. I will figure out his name and alert
        the authorities. He went to my HS for a year or two….
        ————-

        I hope that helps.  Maybe in the least you can contact that user and
        ask him what high school he went too.  Grab a yearbook, narrow it down
        to Hispanics with glasses, then narrow it down further to see if any
        of them have a criminal history.

        I made sure to add a line break——- so he would know it was a copy/paste from the reddit article.  Also can see, I clearly told the detective, “Contact that user on Reddit”  His next response?

        Mr. Cortese, can you be more specific about the “Plaza” on Aborn Road?  If you can check your yearbooks from high school and let me know if you are able to find the suspect.  Any questions please contact me.  Thank You M. ***********<>

        Where in that whole initial email to him do I say, “I WENT TO SCHOOL WITH THE SUSPECT!”  No, I tell him very clearly a user on a website knew him.

        <i>Sergeant X said:>“Maybe you just need a lesson in criminal investigation. “

        Maybe your detective need lessons in English and reading comprehension.  Enough said. That’s not even average level reading comprehension.  Let’s move on, debunk more.

        Meyer Weed Said:> Atul and others playing the “RACE/HATE – they called me a terrorist” card got alot of press but it was a load of crap. 

        Why did they wait till the last minute to release the video?  Why not release the video first, let the world know “No, it wasn’t racially motivated” instead of letting it snowball like it did?

        Because by not doing that, there was something to be gained.  The “race” card, sure, it brought exposure to the case.  Bad exposure for Rose that probably would have put a dent in her solid relationship with the Sheikh community as long as the case remained “unsolved due to budget cuts that were all Rose’s fault” as you guys like to put it..

        I see what you did there.  Now knock it off.

  2. Gee Liccardo, you sound very angry.
    You don’t like when our lying pals get exposed?
    You don’t like when the truth smacks you in the face?
    Be a good Bellarmine boy and go say a penance for your misdeeds.
    Father Nelson still loves you. Kneel down and………….“pray”
    That’s better little Sammy, that’s better.

    • You call it courage to go along with the mayor on EVERY single vote in Council session ? Sam   you Rose , Pete & Pierre are the epitomy of the word “Coward” ! with the exception of Peteys last vote(abstain) you have all voted with the Mayor consistantly. This city needs new blood in Council, all of you along with the Mayor , have been a serious disapointment and have crippeled this once promising city

  3. You sign a document under penalty of perjury transferring assets from one married partner to another—claiming you are single in a community property state.

    How is that not fraud?

  4. Most Common Types of Bankruptcy Fraud:
    http://www.debtcollectioninsight.com/2011/08/23/the-4-most-common-types-of-bankruptcy-fraud/

    Gee, I wonder if Rose was trying to conceal assets with her shady switch-a-roo of transfering property as husband and wife to herself as an unmarried woman and her second husband as a single man…Go figure.

    What happened to no lying, no cheating and no stealing.

    Trying to get a couple to convert a loan to stock right before she filed for bankruptcy is unethical and wrong.  Yet, the fearsome foresome of Reed, Constant, Liccardo and Nguyen are there to defend Herrera.

    I wonder if there is another shoe to drop….

  5. So let me get this straight….when someone disagrees with a Council members’ business ethics, moral makeup, and inability to think for themselves….its an attack?  But when this same Council member endorses breaching a Union Contract, Flip-flopping on her alliances and shafting the very people who got her elected its Ok?  She is given a pass?  No, and Liccardo as a spokesperson for her says it all.
      Laurie smith has been re-elected time after time as Sheriff because of her honesty, clarity of vision, moral character and the ability to get the job done.  She is the anti-herrera, and a trusted voice of reason.  If she pulled her endorsement, it is for good reason.  Laurie Smith is the type of person who doesnt get “trapped”.  She is much smarter than Rose Herrera, and cannot afford to be associated with someone of Herreras’ questionable character.
      Politics in San Jose is about to get Very messy….without friends like Laurie Smith on your side, you WILL lose….regardless of what Chuckles says.

  6. The unions love Mr. Kalra.  He tells his constituents he supports pension reform while voting against every pension reform measure before the council.  If Mr. Kalra honestly supported pension reform, district 2 would now be flooded with hit pieces denouncing his drunk driving conviction.

    • Mr. Kalra does support pension reform, as do City employees.  Unfortunately, the Council has ignored any option other than Measure B.

    • Why does not supporting the draconian and illegal Measure B mean that one is not in favor of pension modification. The city’s own website replete with multiple offers from the unions belie your uninformed statement.

  7. 1985

    Herrera voted off the County Deliquency Prevention Commission for non attendance.  Lofgren reappoints her after Herrera lies and claims she was attending meetings.

    Herrera missed three straight meetings after be reappointed.

  8. Interesting she tries to deflect by throwing Ash Kalra under the bus for his DUI. The difference is Kalra accepted responsibility for his error in judgment and apologized.  She is incensed that anyone would question her about her intentional deceit and still tries to make excuses and justify her bad behavior. Continuing the insult to the public by not taking the honorable step and owning your bad acts does not make a council member.

    • Hey San Jose Insider how about you do some investigative reporting and check to see how many top officials in city jobs have filed for bankruptcy?  Police, Fire, city workers, labor leaders etc. 

      Lets see how they all hold up in their personal finances.  My guess is, not very well.

  9. WOW how will this city ever get back on track the Mayor and his pawns have called the city workers, LAZY, Gravy Train, and now Bullies.  How will the city workers (or unions as the council likes to call them) ever work together again.

    If we all take a step back. The city is messed up with the hate between city workers and the Mayor.

    We need some new leadership badly!!!

  10. Its not just the unions that want and seek the truth so do San Jose residents. all accusations made against her are proving to be truthful. whether she dmits it or not , it is public info easily verifiable.

  11. “…Those concerns, however, didn’t stop the sheriff from endorsing District 6 Councilmember Pierluigi Oliverio, who cast the same votes as Herrera on public safety issues, including the IBM report…”

    True ‘dat! Sheriff Smith must retract her endorsment of Pierluigi Oliverio too!

  12. Firefighter’s Union spend $5,000 to set up a website to bash Herrera?  Typical overspending, a high school student can do that for free!

    Guess what?  Herrera’s bankruptcy came up when she was first elected and the UNIONS ENDORSED HER THEN.  So why is it an issue now?  What does this tell us about THEIR leadership & reasoning?

    Instead of spending all that money to tell people why Rose Herrera is the devil in disguise how about investing in a qualified candidate or helping to create a strong leader as an option for D8.  Anyone who’s been in SJ at least a decade knows Patricia Martinez Roach is a crazy.  She jumps from D5 to D8 depending on what office she wants to run for.  Herrera may have had bad personal business deals but Roach is straight up nuts.  What is SJ’s option? 

    Reed is right, Herrera will win (not because people love her or even like her but because there are no other options in D8)

    • Typical , Another of Reeds followers gets the facts WRONG! it is was another organization that did it Openly! There is nothing open or honest about Reed or R. Herrera. Talk about overspending,  why dont you start doing some research?? you would have to look no further than RDA, check Diridon Dev. agency or Financing Authority ( you will find that Reed is either on or chairs these, along w/ D. figone and rest of council) you dont think its a serious conflict of interest to have the same individuals chair so many depts. that directly affect how this city is run?? How about 650 million dollars? how about the ball park(got money for that, but not public safety)how about illegal ballot measure that will cost residents of San Jose Millions upon Millions only to be beaten down in court.  will he stiil be your savior or will be seen as the politician that he is.
      As far as Rose goes , she is nothing more than a puppet.

    • Umm….bankruptcy…you must have missed the code violations for substandard housing, the fraud lawsuit where it describes how Herrera and her second husband tried to con their “friends” into turning their loan into stock…stock that was worthless.

      And you must have missed the docs signed under penalty of perjury where she states she is not the CEO of her failed company but rather a “Salesperson” and maybe you missed her signing property deed transfers as a married woman one day and 11 days later she is single…can you say shielding assets before a BK.

      Oh and she has two bankruptcies not one!

      As for the other candidates, one is a school teacher where parents have entrusted her to teach and mold their children’s minds and care for them and the other is a young attorney with fresh ideas and a decisive demeanor.

      You can stick with Rose, let me guess you were also a big fan of Magdalena Carrasco, remember her…7-years in a row not filing her taxes, bankruptcy filings, etc…

      You seem to be attracted to people that can not manage their money, lie and cheat…maybe you should go back to school and take a remedial math and ethics class.  Read for yourself: http://www.therealroserecord.com

  13. This is kind of the end-game with pension reform as Mayor Reed is being termed out and the likely replacements on the horizon don’t have the same convictions to address long-term fiscal issues like pension reform.

    Ms. Herrera is perceived as vulnerable as she represents a traditional labor/liberal district.  The fact that she voted her conscience rather than taking politically expedient stands with labor suggest that she may not get nominated for a state assembly seat in the future, but for now, I think she’s doing an honest and credible job as a city council member.

    Politics has always been a dirty business with smear campaigns, ad hominem attacks and “do whatever it takes” kind of mentality around some electoral races.  I’ve seen it in this district before with race baiting mailers, and I’m not surprised that we’re going to see it again as folks desperate to protect their pocket-books are going to spend and do whatever it takes to get the votes they need.

    At the end of the day, however, democracy usually works to moderate the influence of political machines and single issue extreemists and the folks who show up to vote or mail in their absentee ballots usually are thoughtful and considerate (though sometimes people like to help grandma vote and fill out the ballot for her and do other shennanigans.)

    We’ll see.

  14. Sorry,

    Having been posting for months.  Don’t make me break down again how much this mayor and five lying clones having been deceiving us all!

    They flat out lie to safe themselves and put all the dedicated city employees and the “greedy unions” who have worked so hard to abide by the contracts that Chuck and the council have approved for years.  Now because they with held for years on puttingthe city share into the pension systems (spending it else where) they now blame it on “gretty employees” who gave up many pay raises, hoping for a comfortably, not greedy retirement.

    Not 90%, or free medical (BS) but a average life when they leave city at retirement.

    Now, Chuck wants to punish them.  Why because he has been with the city way to long and spent city money like it was free.  In fact it was ill responsible.  Ask Chuck what the RDA bill is due.  The same RDA he was responsible for and chaired.  Don’t get me started how much this mayor has put us in debt.

    Do not punish hard working employees,  NO on Measure B.  Instead punish the Mayor and his 5 clowns.

  15. There is a big problem facing Pat Roach.  There is a large opposition research file on Pat that has been together over the years due to a variety of her campaigns.  I have seen parts of it in several forms.  If Herrera makes it out of June, given Pat Roach’s traditional refusal to deal with her own issues, the counter attack will be fierce.  rose may make it.

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