between offices. Gennaco had to get a subpoena to obtain the records.
When called to testify this week by lead prosecutor Gabriel Markoff, Gennaco recounted more than a year of back-and-forth negotiations with the sheriff’s office over terms of the agreement that would inform not only the Hogan investigation, but future misconduct probes going forward.
The two other defense witnesses called by Ruby on Friday pushed back against that narrative. Michael von Loewenfeldt, an attorney contracted by the county to represent Smith and her office in the negotiations, testified that negotiations with a county attorney representing Gennaco and his firm were moving along, and that he was “taken aback” when the communication suddenly got adversarial.
The final defense witness, county labor negotiator Mitchell Buellesbach, testified that Smith was not required to give the unions notice about the agreement terms, but that it was recommended. He was responding to a question by Ruby that appeared to probe whether the meetings Smith is accused of delaying were essential to the signing.
But Ruby also asked Buellesbach directly, “Did the sheriff’s office try to impede or delay the meeting?”With that, Ruby told San Mateo County Superior Court Judge Nancy Fineman that he was resting his case. Markoff rested his case Friday morning, after more than three weeks and nearly three-dozen witnesses to Ruby’s three.
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