Friday, October 15, 2010 – 9:10 a.m.

We here at couldn’t help but notice the two local newspapers didn’t report on yesterdays events at the trial of former Assessor employee and Rancho Cucamonga city councilman Rex Gutierrez.

Gutierrez is charged with three felonies alleging time card fraud during his employment under former Assessor Bill Postmus.

Yesterday, defense attorney Jim Reiss made significant inroads on his cross examination of District Attorney investigator Skyler Beaty.

Among the highlights:

Beaty told jurors; he only presented an analysis of eight percent of Gutierrez’s total time that he worked at the Assessors office; that much of his testimony was based on assumptions; that Gutierrez was paid for eighty hours per pay period and took no personal or family time.

Beaty also said the Verizon phone records presented were unreliable.

In addition, Beaty testified he developed his own specific methodology and criteria based upon experience he received, and had never received specific training prior to completing his analysis.  Beaty said he made his own assumptions, never used any accounting books or personnel manuals.  Beaty told Reiss and the jury, “Tools I used involved county policy and other county tools”.

Reiss asked Beatty if he found that exempt employees need to work from 8-5?  His answer, “No”.

Beaty said all his findings were his own work product and he had no help from anyone. He agreed to Gutierrez being an exempt at-will employee, and that Gutierrez’ supervisor authorized all his schedules.

Reiss ended his cross examination with a very valid point.

Based on Beaty’s experience, and it being his very first paper trail audit, and was a prior police officer and narcotics detective, had never had any prior financial crimes experience.

The defense presentation begins Monday morning.