I have yet to be convinced that San Diego’s hoteliers and their doppelgangers in the management of America’s Finest Tourism Plantation have the best interests of the citizenry at heart.
By Doug Porter
For just about a year or so, the non-profit inewsource has been investigating San Diego attorney Cory Briggs. This week their latest report claims the organizations serving as plaintiffs in the environmental lawyer’s many lawsuits “flout state, federal laws.”
These inewsource stories are given much play at KPBS and follow a now predictable format: seeming contradictions, omissions and/or errors found in documents associated with Briggs are presented to various persons with impressive sounding titles and deemed to be something just short, maybe, of something illegal.
The only tangible response to all these reports –other than barely disguised cheer leading from the City Attorney’s office– has been a refund equal to the amount of fees collected by Briggs from the city by a company anxious to avoid any appearance of impropriety.
Here’s a snip I believe goes to the heart of the latest inewsource exposè:
Nonprofit experts interviewed said Briggs’ network of charities suffers “a serious case of noncompliance.” A forensic accountant said several of the filings were “egregiously wrong.”
Judges, attorneys and municipal officials have long questioned Briggs’ motivations in using the tax-exempt organizations to collect substantial attorney fees during the past decade.
A law firm can’t seek damages on its own. It needs a client who has actually been damaged.
The San Diego City Attorney’s Office is currently trying to persuade a judge in Superior Court that one of Briggs’ most litigious nonprofits, San Diegans for Open Government, is a “mere alter ego” of its counsel.
What’s the End Game?
Cory Briggs (left), Donna Frye (background right)
For purposes of this column, I’m not going to challenge any of the ‘facts’ presented in the more than dozen stories produced on Briggs thus far. I believe context and motivations are the real issue here.
Lacking my own corps of legal experts to guide me through the numerous claims (and many seem questionable) being made, I am left with questions about the motivations behind this investigative reporting.
Former Assemblywoman (and SDFP contributor) Lori Saldaña engaged reporter Brad Racino in comments posted following the latest story. Racino successfully parried many of her thrusts, pointing to the many documents linked in the story.
But here’s the one where Saldaña got to the heart of the matter:
Perhaps the gap between going after a “terrific story” vs. producing and being committed to journalism for the public good is at the heart of our disagreement.
I’m still at a loss to understand what “public good” has been served by this exercise playing out on your website for the last few months.
At some point, likely not today, could you answer this: as the result of all your document searching, paper reading, interviewing and research. what has Inews ultimately accomplished, besides raising eyebrows and profiles of various individuals who may have preferred relative obscurity?
Many in San Diego believe Briggs et al have at least tried to prevent powerful, monied and influential (if not corrupt) forces from running roughshod over “community right to know,” taxation without representation, transparency, etc. and other odious practices that are all too common in San Diego and beyond.
So, has your reporting on this person who has taken a position against these forces while is, admittedly, flawed himself, really served a public good?
Assume for a moment there’s really something “wrong” going on here. Ask yourself “Who Benefits?” The answer that I come up with is all the entities who’ve (often) come out on the losing end of lawsuits filed by Briggs.
I have yet to be convinced that San Diego’s hoteliers and their doppelgangers in the management of America’s Finest Tourism Plantation have the best interests of the citizenry at heart.
A Boycott of KPBS Over its inewsource Relationship?
Environmental activist Sara Kent* decided yesterday that she could no longer continue to support KPBS, given their financial relationship with inewsource.
Here’s what she posted on social media:
I’m over the histrionic, personal vendetta “investigate reporting” by @inewsource against @corybriggs. @KPBSnews pic.twitter.com/acEWyGIP9C
— ❁ Sara ❁ (@earthysara) May 29, 2015
The KPBS/inewsource Connection
Former UT editor and inewsource founder Lori Hearn explained the relationship between KPBS and inewsource in an article at Nieman Reports. The two organizations jointly fund raise, according to Hearn.
The inewsource team—two reporters, a data specialist, and me—is “embedded” in the KPBS newsroom, a two-year-old, concrete and glass space with all the newest technology. KPBS is the NPR and PBS affiliate in San Diego, with 11 reporters and a stable of original local news programming, including radio features on “Morning Edition,” a talk show at noon, and a half-hour nightly television news show.
In exchange, we give KPBS our content, which ranges from Web posts and radio spots to interactive, searchable data and fully produced television and radio packages. Together, inewsource and KPBS reach an estimated 1.4 million people a week through public radio and television, the Web, and social media.
We each respect the other’s distinct mission. KPBS has mighty goals to serve its audience with all kinds of news and programming. inewsource has a single-minded goal: investigative reporting.
Coincidence? Let’s Use Their Technique…
**Sara Kent’s comments posted at SDFP during the Filner scandal drew an”investigative” comment from somebody calling himself “Brad,” claiming to “expose” her employment at Coast Law Group, among other things.
She complained to us about excessive personal information in that comment. We followed up by trying to contact “Brad” about his motives and sources and found out it was posted from a bogus email address. The comment was deleted at that point.
Further Disclosures:
Sara Kent has occasionally contributed articles on environmental issues to SDFP and I did meet her once for coffee.
In earlier stories I have admitted to shaking Cory Briggs hand on one occasion and he did contribute one article published in our “Who Runs San Diego?” series produced jointly with the Democratic Woman’s Club.
I also wrote about the inewsource investigation and Cory Briggs on February 26th.
One other story…
Claim Filed Against SDPD in Midway Shooting
From 10News:
Team 10 has just learned the family of a man shot and killed by a San Diego Police Officer has filed a claim against the department alleging use of excessive and unreasonable force and a violation of his civil and other legal rights.
Fridoon Rawshan Nehad was shot and killed by Officer Neal N. Browder on April 30, 2015 in the Midway District…
…What the claim states:
- Nehad was getting treatment for PTSD but would become manic.
- Nehad was walking downtown in the Midway District April 30 when San Diego police officer Neal Browder responded to a 911 call from an adult bookstore that had come in at midnight.
- Nehad was not carrying a weapon and not doing anything wrong. Browder did not activate his siren, lights or body camera.
- Nehad’s pace slowed when the officer approached and he was about 20 feet away when the officer shot him.
The law firm filing the claim is asking for $20 million in damages, and says the San Diego Police Department is refusing to release a video from a local surveillance camera in an attempt to cover up the truth.
A witness who have viewed the video in question has told numerous news outlets the victim did not appear to be threatening the police officer who fired the shots.
On This Day: 1959 – Ray Charles, B.B. King and Jimmy Reed performed for about 9,000 people at Atlanta’s Herndon Stadium. It was one of the first outdoor rock festivals. 1973 – Tom Bradley was elected the first black mayor of Los Angeles. 1996 – The United Farm Workers of America reached agreement with Bruce Church Inc. on a contract for 450 lettuce harvesters, ending a 17-year-long boycott. The pact raised wages, provided company-paid health benefits to workers and their families, created a seniority system to deal with seasonal layoffs and recalls, and established a pesticide monitoring system.
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Doug Porter
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Your comment in your story says it all, Doug: “For purposes of this column, I’m not going to challenge any of the ‘facts’ presented in the more than dozen stories produced on Briggs thus far.”
That seems to be the MO for all of our critics. No one will challenge the facts, but they’re all happy to throw around conspiracy theories about our supposed relationship with hoteliers and the city attorneys office.
And I have no clue as to what you’re talking about with Sara and comments, but like I said in last night’s twitter conversation with her, it’s funny that none of you had a problem with our investigation last year into Bill Horn’s charity. But now that it’s Mr. Briggs, well… “conspiracy conspiracy conspiracy.”
Oooo. How rad. Brad Racino swats me using the “conspiracy theory” MO. Big man journalist gotta prove his manhood. I was very clear in stating my premise and now you want to use it against me. Fine, whatever.
Funny, I don’t remember using that word, “conspiracy.” And I never said you had anything to do with comments posted about Sara, just that a man using the very common name Brad tried to pull a fast one. YOU chose to interpret it that way. Funny how phrasing can lead you to conclusions, huh?
Any how, we’ll see in six months or a year whether your stories are anything more than weak sauce.
And when/if an actual verdict or ruling comes down on Cory Briggs for wrongdoing, I’ll write about it. I’m not holding my breath.
Oh, and you seem to have overlooked my very public spat with Mr Briggs some time back. Or my coverage crediting you for your NCTD stories. Or the Bill Horn story.
I happen to believe (is that ok?) you’re wrong this time.
I listened to the interview with you on KPBS this week, Mr. Racine. What struck me was the lack of specifics. I remember hearing that “Nonprofit experts interviewed said Briggs’ network of charities suffers “a serious case of noncompliance.” A forensic accountant said several of the filings were “egregiously wrong.” Yet, there were no “for instances” in your story. Making general statements like that without providing any specifics, especially from “experts,” is irresponsible. I work as an expert and I would never make such statements without concrete substantiation. As any lawyer will confirm, it is easy to find “experts” who will support a particular point of view. These so-called “experts” should have been named and should have provide real information to support those conclusions.
I have to say that I was really taken aback when I heard this interview and realized KPBS was actually supporting inewsource in this effort; the interview was not at all challenging. Doug’s point is well taken, where’s the harm in what Briggs is doing? Why are you, and now KPBS, going after him?
I wish I could better understand Ricino’s stories on Briggs. There’s a lot huffing and puffing over Briggs’ wife being an environmentalist, and there’s speculation Briggs’formation of a non-profit is another conflict of interest. All this is coming from unnamed sources and at that the unnamed sources are offering only speculation.
So now we have a PBS affiliate mirroring the local mainstream’s hand wringing obsessions over the rise of Democratic Party tough guys. Filner’s down and Roberts and Briggs are on the ropes. Could there be some connection to the Republican establishment here?
Just speculatin’.
Bob–
1) Whatever Sarichia Cacciatore is or was, she isn’t “an environmentalist” in the usual sense. The best I can piece together from the various stories, primarily from translating the job titles of the invoices Brad Racino published, she was some form of GIS technical specialist or mid-level project and report manager or editor, working for a consulting company that helps private parties and governments meet environmental reporting requirements. I have seen nothing accusing her of advocating for the environment, the usual usage of environmentalist, or even for getting boots dirty doing wetland delineation or sensitive species surveys.
2) This ongoing series has convinced me that KPBS no longer needs my financial support, or that I do not want my contribution supporting this advocacy for the movers & shakers. My KPBS renewal went to SDFP instead.
3) (from below) If Cory Briggs was merely trying to monetize the city’s disfunction and inability to follow the law on environmental projects, the obvious “legal” way to do that would be to _not_ sue on any project that Cacciatore worked on. Developers would direct contracts to her (or her employer) to avoid court challenges, projects and public funding would go forward, and everyone would be happy. I give Briggs credit for not doing that. I view him suing some projects she worked on and some she didn’t as a positive, not a negative.
Gee, I have to look into this further; I had NPR on in the noon hour today, and one thing that I thought a bit odd in their talking about Cory Briggs, is that of the 7 nonprofits he has been using to sue is that 6 of the 7 are made up of the same people, and they are all related or very close, and they are the ones who would benefit from the suits. I may be a little off on this, but it made me want to look into the situation further, and then I see your column, and think it may be worth going into further.
Explain to me how any of the people you talk about in the non-profits benefit from the lawsuits? How does retired civil rights leader Richard Lawrence (for instance) benefit when a court finds the hotel fee-but-not-a-tax illegal?
I get it that the make-up of these groups overlaps and they probably exist primarily to serve as plaintiffs. I get it that Cory Briggs sometimes gets paid handsomely when he wins in court–the law was written that way on purpose to encourage public interest litigation.
So, please, do look. And if you find any substantive wrong-doing in this haystack of data, please share.
Thanks, Doug, as I was going to ask to delete my previous msg. as done in haste, and I do think I need to reread your article. Atty. Briggs has done some very good reporting in the past, and I need to hear again what KPBS was actually saying.
You certainly are on top of things as usual.
I just looked up San Diego businesses (for profit and charitable) registered to or primarily associated with Irwin Jacobs (NINE) and Doug Manchester (THIRTY FIVE!!).
Fishy.
Bingo. Thank you Miss Sara. It occurred to me that perhaps Cory Briggs was savvy enough to monetize democratic justice by forming non-profits from investors who’d pay for investigations leading to lawsuits against establishment criminals. But from your little investigation it’s clear that the establishment had already attracted investors into their civic crimes.
The practice of “interlocking directorates” has been used in corporate America for decades; I first learned about it in high school. Nothing illegal there. So, as Mr. Dorn notes, why not use similar tactics in the support of environmental ideals?
KPBS lately seems to be all puffed up with an inordinate sense of themselves as public muckrakers and super-investigative journalists. They were over the top on Mayor Filner, now this Corey Briggs thing, and their stories on Supervisor Roberts leave a lot unreported and seem biased to me.
Thanks Doug for the expose’ of inewsource and KPBS. My initial reaction to inewsource being “embedded” at KPBS was wow, how do you get a sweet deal like that? Thank you Brad Racino for lashing out. You prompted me to do my own investigating into your/inewsource’s articles, and found the lawsuit SANDOG vs inewsource. It alleges the inewsource contract and lease with KPBS was “not competitively bid”. It also alleges inewsource has not paid compensation to SDSU for using SDSU and KPBS trademarks. Sweet deal indeed!
Could this be a motivation for Brad’s Cory Briggs articles? What is the motivation for KPBS to give a no-bid contract to inewsource?
Thank you Doug. As the daughter of an old school journalist and object of similar hits, I could not sit silently after all these “reports.”
Inews seems to have turned around the concept of “afflicting the comfortable and comforting the afflicted.”
Thank you, Doug, for your fine article on:
“Making Mountains Out of Molehills at KPBS/inewsource.”
I agree that the lawsuits initiated by Cory Briggs have done a lot to reveal how the “powers that be” in San Diego have been plundering this city for quite some time. These suits have proved to be a real threat to the continuance of this behavior. I really think a lot less of KPBS for associating with the Inewsource group in their efforts to force Mr. Briggs from continuing his suits that expose the ways in which the powerful in this town take advantage of most average citizens. I do hope that KPBS reconsiders their association with the Inewsource group.
There appears to be much more to the story according to these two blogs:
San Diegans for Open Government “Has Hit a Nerve” at sandiegans4opengov[dot]wordpress[dot]com
What Happened to the Truth-Loving Angels? at sandiegans4opengov[dot]wordpress[dot]com