LAKEPORT, Calif. – Citing a lack of evidence and no cooperation from witnesses, Lake County’s district attorney said he will not pursue a case in which a Clearlake man alleged he was assaulted by a county supervisor in the front yard of his home in August.
District Attorney Don Anderson said Monday he won’t prosecute the case involving Rob Brown, 52, of Kelseyville, a county supervisor who also works as a bail bondsman, and 55-year-old Robert Sanders of Clearlake.
Anderson told Lake County News on Monday that Sanders has refused to cooperate with police, including not providing video evidence he claimed to have and refusing to sign a medical release in order for his claims about his injuries to be investigated.
Sanders also has given conflicting stories about what occurred, including contradicting himself in comments he made during a radio interview with the county’s sheriff, Anderson said.
In addition, two witnesses who claimed to have seen the confrontation, and who accused Brown of hitting both Sanders and a dog, haven’t spoken to authorities, said Anderson.
“We know who they are, but at least one of them has been avoiding the police department,” Anderson said.
All of those factors led Anderson to conclude that the case can’t be successfully prosecuted, as he doesn’t believe a jury could be convinced beyond a reasonable doubt that Brown committed an assault.
Sanders alleged that Brown assaulted him on the night of Tuesday, Aug. 21, in the yard of his home at 3747 Buckeye St. in Clearlake.
Brown said he struck Sanders in self defense after Sanders laid hands on him, and both men initially reported to police that they had been assaulted.
At the time of the confrontation Brown had recently taken possession of the Buckeye Street property through foreclosure due to an unpaid debt for bail for the Sanderses’ son, Christopher Sanders, sentenced to 41 years in prison in January for sexually molesting his young stepdaughter over a three-year period.
Brown was at the property at about 9 p.m. to serve notice that an insurance-required inspection was to take place later that week.
When Brown served the papers, a confrontation ensued and he turned to walk away to wait for police. Sanders acknowledged to police that he had come up and taken hold of Brown’s elbow, reportedly to escort him off his property.
Brown said Sanders grabbed his elbow and swung him around, and Brown punched Sanders in the jaw once as a result.
Sanders claimed he was hit more than once. Brown had a large bruise on his elbow where he alleged Sanders grabbed him.
Brown said from the beginning that he didn’t want to prosecute Sanders. Sanders also had told police he didn’t want to press charges until after his brother arrived at the scene, reportedly acting aggressive and hostile, according to Anderson’s case rejection report.
Attorney general finds no conflict; alleged victim won’t cooperate
Before reviewing the case, Anderson first referred it to the California Attorney General’s Office because Brown is a sitting member of the Board of Supervisors.
“The Attorney General’s Office determined there is no conflict of interest between the supervisor and the District Attorney’s Office,” Anderson wrote in his case rejection report. “Therefore this office will be making all charging decisions.”
Anderson also had Mendocino County District Attorney David Eyster – who previously has assisted with case review where there are concerns about conflicts of interest – look over the case, with Anderson and Eyster reaching the same conclusions.
In his analysis, Anderson said there was no issue with Brown being on the property at night – “It is not unusual or illegal to accomplish service of process after 9 p.m.” – and his presence didn’t constitute trespass since he was there to serve paperwork.
“The accounts of the event differ; however, it appears form (sic) police reports Mr. Brown and the complaining witness became involved in a verbal argument,” Anderson wrote in his case rejection. “The complaining witness tells the police he told Mr. Brown to leave. He tells the police Mr. Brown did leave, but then the complaining witness initiates further conversation with Mr. Brown. This may very well be a tacit invitation for Mr. Brown to step back onto the property, which he did.”
Anderson said Sanders admitted to police that he initiated the first physical contact between he and Brown, who he approached and grabbed by the left elbow before Brown struck him.
Brown said Sanders grabbed him and spun him around. “In a self defense movement he pushed the complaining witness back and then struck him in the face,” Anderson’s report said.
Anderson’s report noted that Brown’s wife, Kim, gave an account of the confrontation consistent with her husband’s.
As for Sanders’ wife, Jan, “The complaining witness' wife's statement did not lead to any additional information as she could not see the initial contact between the parties,” the case rejection states.
Anderson said Monday, “She didn’t see the first part of it. She saw the punch.”
Adding to the issues surrounding the case, Lake County Sheriff Frank Rivero – who has been at political odds with Brown – interviewed Robert Sanders on his radio show on Aug. 24. Anderson said a recording of that interview became evidence in the investigation.
In his report Anderson called Rivero’s interview of Sanders on the radio “extremely unusual,” and one that didn’t help the case of Sanders, who Anderson said gave a different version of the incident on the show than he gave police.
Specifically, Anderson said Sanders’ comments on Rivero’s radio show conflicted with accounts he gave to police of how he grabbed Brown, the time of the incident, the witnesses and the conversations.
A recording of that radio show, said Anderson, would be available to a jury. It also might result in issues of bias involving witnesses that a prosecutor may not be able to overcome.
“The defense can use that to impeach his credibility,” Anderson said of Sanders.
Other issues that contributed to Anderson concluding that the case couldn’t be successfully prosecuted included Sanders refusing to sign a medical release.
While Sanders alleged that red marks on his ribs were evidence of additional blows by Brown, Anderson said police concluded that the injuries weren’t consistent with being punched.
With Sanders refusing to sign a medical release, the doctor who treated Sanders can’t talk to investigators to refute the police conclusion, Anderson said.
Sanders also told police that he had a surveillance camera video of the confrontation which Anderson said Sanders refused to let police see. Later, Sanders said no such video existed.
That, said Anderson, led to both credibility and evidentiary issues.
“What’s a jury to believe?” Anderson asked.
Anderson said all of the issues with the case – changes in story, refusal to provide evidence and lack of cooperation with police – led to the overarching issue of the case not being prosecutable.
“A jury will be suspicious, and they should be,” Anderson said.
Email Elizabeth Larson at