Passalacqua accused of failing to protect residents from communists

Members of Petaluma's pugnacious Sampson clan have filed a notice of intent to recall Sonoma County District Attorney Stephan Passalacqua, and say they may do the same against Sheriff Bill Cogbill.

Floyd G. Sampson, who with his ex-con twin brother, Tony, once ran for Congress, offer several reasons, including that Passalacqua failed to prosecute rogue police officers and protect residents from the "world communist movement."

"They've been in our government a long time," said Floyd Sampson, sounding like his father, the late Howard Sampson, a fundamentalist minister who made news in 1972 when he pulled a gun on a state official. He founded a vigilante group, Posse Comitatus, and campaigned twice for sheriff.

A November run-in with Petaluma police prompted the recall effort, Sampson said.

He said officers arrested him, his brother and his nephew on false charges, Sampson said, and prosecutors refused to do anything about it. He said the case is pending.

Passalacqua, who denied the allegations, has until Wednesday to submit a response to the recall notice, said Assistant Registrar of Voters Gloria Colter.

Passalacqua said the recall was without merit.

"Everyone who has held public office has critics," said Passalacqua, who took office in 2003 and was re-elected in 2006. "I'm no exception in that regard. I'm very proud of my staff and the work we do every day."

Petaluma Police Lt. Joe Edwards said the department would not comment on the recall or the charges.

Before Sampson, 51, can begin collecting signatures, he must create a petition that includes the district attorney's response and have it approved by elections officials.

He'll need signatures from 10 percent of the county's registered voters, about 24,000 signatures, to force a recall election. Recall proponents have 160 days to collect signatures.

As grounds for recalling Passalacqua, the notice claims, in part, that he has:

Failed to prevent prosecutors from "committing fraud upon the jury and court, using false reports, perjury and false evidence against citizens."

Given "aid and comfort to the 'criminal element' operating within the law enforcement who have victimized citizens with false reports, perjury, assaults and even killings."

Failed to "give us protection from the world communist movement that is presently functioning within the boundaries of this state."

Floyd Sampson said he doesn't have a replacement in mind for Passalacqua. He'll wait to see who runs and support the best candidate, he said.

But he says he'll campaign for sheriff when he launches a similar recall against Cogbill in the coming weeks.

He did not elaborate on why he wants to recall Cogbill.

The Sampson family has had dustups with government workers from all ranks in Sonoma County, from disputes with meter maids in the 1970s to federal lawsuits demanding millions of dollars in damages, including one filed this year.

Tony Sampson was convicted in 1977 of possessing a firebomb and served two years in prison. His father attempted a recall against the judge but nothing came of it.

Floyd Sampson and his brother ran for Congress in 1986. He also ran at various times for City Council, supervisor and state Senate.

The twins sued the Petaluma City Council in 1976, making a $1.5 million "claim for personal injuries" after a meter maid ticketed them for allegedly feeding parking meters.

Earlier that year, they filed a $36 million federal lawsuit against Sheriff Don Striepeke, three judges, several deputy district attorneys and a dozen or so law enforcement officers.

That suit claimed search warrants related to their 1974 arrest for possession marijuana and tear gas were improper and violated their constitutional rights. The suit was settled out of court and they received $4,600 in damages.

Sampson family suits against local government and law enforcement officials were dismissed by federal judges in 1992 and 2002.

The latest claim was filed in March and is in connection with Tony Sampson's arrest in February 2006 as he left a Safeway store after being observed "transferring unbagged items from a grocery cart" into his wife's car.

After he was arrested and booked into jail, his cigarettes were confiscated. The complaint alleges that he was "denied any kind of medical aid or relief from the symptoms of nicotine withdrawal" during his three days in jail.

Tony Sampson is suing for false arrest, abuse of process and slander. The criminal case against him was dismissed.

On July 5, several claims in the suit were dismissed. Others are pending further hearings in federal court.

You can reach Staff Writers Lori A. Carter at 568-5312 or lori.carter@pressdemocrat.com and Paul Payne at 521-5250 or paul.payne@pressdemocrat.com.