Politics & Government

Letter: Police Report Says 2010 Council Candidate Never Hit by SUV

A political rivalry involving an assault and battery claim resurfaced at Monday's City Council meeting.

Editor's Note: The following letter to the editor from 2010 City Council candidate Brian Skalsky was emailed this week to members of the current council. Skalsky said Councilwoman Trish Kelley misled voters by backing candidate Rick Sandzimier's statement that a political opponent hit him with his SUV during the campaign.

Skalsky provided documents from the original police incident report in which one deputy says Sandzimier said he was not hit by the SUV. Some of the report documents were not released that night by Skalsky. A lawsuit between Sandzimier and his alleged assailant Joe Holtzman is ongoing, and Skalsky has testified in that suit.

Dear Friends, Family, and fellow Mission Viejo Residents,

I spoke tonight before the Mission Viejo City Council to disclose to the City for the first time the police report in the Sandzimier v. Holtzman dispute.  You might ask why make such a speech almost 3 years after the alleged incident? The reason is because earlier this year Mr. Sandzimier attempted to subpoena my deposition in a civil lawsuit related to this matter. It was through this recent process that for the first time I obtained a copy of the police report. Mr. Sandzimier was forced to provide it to a Judge after I challenged his right to subpoena me before the Court. When I read the police report regarding the incident on October 8, 2010, I was shocked by the extent of the manufactured political story that was created out of a non-event. The details of the police report from that night are compelling and should be read by anyone interested in Mission Viejo city politics. 

I have provided a detailed account backed by approximately 170 pages of documentation that have all been made a part of the City’s public record. I encourage Mission Viejo residents who wish to see all the evidence in this case to submit a public records request to the city clerk for the City of Mission Viejo.  

As you may recall, Mr. Sandzimier claimed Mr. Hotztman hit him with his SUV in a dispute over campaign signs just weeks before the November 2010 election. Many of you first learned of this event because three days after the alleged incident, then-Mayor Trish Kelley sent an email to countless supporters in which she claimed "Rick was intentionally hit by a car driven by Joe Holtzman on Friday night."  Ms. Kelley did not qualify any of her statements to say that these were merely unproven allegations by Mr. Sandzimier, but stated them as proven facts in her capacity as mayor.

Then-Mayor Trish Kelley, who was one of the running mates of Mr. Sandzimier, went on to say that she spent time with Mr. Sandzmier the weekend following the alleged incident on October 8, 2010 and personally saw him “bruised, sore and limping” after allegedly being struck by a massive SUV.  This turned Ms. Kelley from a political running mate who might have claimed she was simply repeating the allegations of Mr. Sandzimier into a potential co-conspirator who put her credibility directly on the line to say that Mr. Sandzimier had suffered real injuries and therefore must be telling the truth. Many Residents simply believed that if former Mayor Trish Kelley said it, it must be true. How could a public official say such a thing if it wasn’t true? After all, former-Mayor Kelley founded Mission Viejo’s Character Counts program and is a respected member of a number of local organizations.  Additionally, many residents simply believed the Mayor has access to the Police Chief as well as other reputable officials and would have inside knowledge of the situation.

As we now know from the police report, not only is what then-Mayor Trish Kelley said untrue, she had to have known it was untrue at the time she said it in her October 11, 2010 e-mail. The police report states that Mr. Sandzimier told officers on the scene that he did not suffer any injuries and that he did not need medical attention. How could former Mayor Trish Kelley then claim 3 days after the alleged incident that she personally saw Mr. Sandzimier "bruised, sore, and limping?" She couldn't. 

The police report clearly states that Deputy Olukoju directly asked Rick Sandzimier the MOST IMPORTANT QUESTION of that night, whether Joe Holzman hit him with the moving SUV at anytime during the incident and Rick Sandzimier said "NO."  This was the critical question asked by the deputy to determine whether he should arrest Joe Holzman.  As further set forth in the police report, Mr. Sandzimier stated he had no injuries and declined medical treatment. Mr. Sandzimier continued to put out signs until approximately 5 a.m. that morning after allegedly being struck by a massive SUV. 

Find out what's happening in Mission Viejowith free, real-time updates from Patch.

I urge you to contact the Council to adopt a resolution prohibiting councilmembers from making public comments about ongoing criminal investigations without council approval.  

Thank you for your support. Character does count. Please forward this message to your friends.

Find out what's happening in Mission Viejowith free, real-time updates from Patch.

Best regards,

Brian W. Skalsky


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