http://danvillesanramon.com/print/story/print/2007/08/31/prison-blues


DanvilleSanRamon.com

Cover Story - August 31, 2007

Prison blues

Danville mother talks about the ongoing struggle to get her son released from prison

by Dolores Fox Ciardelli

On the outside, Diane Rose hasn't changed much in the last three years. She's still incredibly fit, with short black hair, liquid brown eyes and a big, kind smile.

On the inside, she has come to terms with a mother's nightmare: Her son Brendon, now 23, has been in state prison since May 2003 for "assault in which great bodily harm occurs," after a drunken college party brawl turned ugly. Brendon, seeing his twin brother Adam being assailed, pulled off one attacker, punched him, then kicked him when he was down. The following spring, Brendon pleaded "no contest" and was sentenced to eight years in state prison (see sidebar).

"I've been pulled into a world I couldn't possibly imagine," says Diane, who lives in Danville and works as a personal trainer.

She's seen her 18-year-old son arrested 10 days after the fight; she's been in court when he was sentenced after his lawyer advised him to plead "no contest"; and she's visited him regularly in two different prisons.

The family tragedy caught national attention on July 31, when Diane appeared on Fox News' O'Reilly Factor TV show along with actor Robert Duvall, who promised to do what he could to bring the case to Gov. Schwarzenegger's attention. After the segment aired, SaveOurRose.com, a Web site dedicated to Brendon's cause, had more than 3,200 new hits; some people added their names to a petition to get Brendon freed or left messages of hope and prayers. Some copied e-mails they'd sent to the governor.

Diane and her two sons had met Duvall a few years ago while visiting her good friend's father, whose property is near Duvall's Byrnley Farm in Virginia.

"He invited us to go on a set of a movie in L.A., just before Brendon was sentenced," Diane says. "The movie was 'Kicking and Screaming.' He's a wonderful man, funny and witty in person."

"We didn't talk about the trial," she adds. They were still hopeful Brendon would receive probation.

But visiting Duvall on the set helped build their relationship.

Two years after Brendon went to prison, an evidentiary hearing was held, in June 2006, to go over the facts of the case but the judge denied Brendon's request for a trial by jury. That's when Diane went to her friend in Virginia and asked for help.

"He talked to Robert Duvall, who said he wanted to help," says Diane.

She is hoping Duvall and his friend actor James Caan, who is also interested in the case, can bring it to Schwarzenegger's attention and get a commutation of the remaining sentence.

"It could be commuted to time served," Diane says, "which was three years on May 10."

Some people have told her she wasn't emotional enough on the TV show, she says, but after viewing it several times she decided she was pleased with the presentation.

She says she tried to portray passion without anger.

"I needed to be clear. I needed people to see this is real, not just a mother saying, 'My poor baby,'" she says.

She talks about their last outing

Two days before his sentencing, Diane and Brendon went out together to talk over everything, then she drove him back to his home in Pleasanton, where he lived with his father.

"He walked over to a rose bush, picked a rose and handed it to me and said, 'This is for you. I want to thank you so much for what you do for me,'" she recalls. "Two days later, they took him away."

She cries softly as she remembers this incident and says this is not the heart of the cruel person they insisted he was when they sentenced him to eight years in prison.

"That's his heart and his spirit. I can still see it," she says, adding about his part in the fight: "This was someone in a situation who reacted."

She talks about the trial

"I think about it all the time," she says. "I'm frustrated more than anything else. Frustrated that I have to fight so long and so hard and to realize that the sequence of events can happen to anybody."

"I feel like I'm in a bag, trying to get out, and there is no hole," she explains.

She and her ex-husband Ken, who at the time was a car salesman, hired Alameda County attorney Jack Noonan, paying $25,000 for his services.

"He didn't do his job," she states flatly. "He should have sent us to a Santa Clara County attorney."

Noonan said he consulted a physician who told him the victim's head injuries were caused when Brendon kicked him. So Noonan advised Brendon to plead no contest. In the evidentiary hearing last year, it came out that the doctor was a gynecologist. Nonetheless, the judge denied Brendon's request for a trial by jury.

"I've learned that one person, the judge, had way too much power," says Diane. "The prosecutor had too much power."

She talks of her visits to Brendon in prison

Diane has visited Brendon at two state prisons, going through security checks where guards decide seemingly at whim whether they approve of her clothes or if she must spend precious time rummaging through a trailer of spare clothing and changing, hoping to pass muster.

Brendon was first brought to San Quentin; then he was held at the California Correctional Institution in Tehachapi before being transferred to Ironwood State Prison, near Blythe. It's a nine-to-13 hour drive, depending on the traffic, Diane says.

"Between Ken and myself, and his brother, he gets a visitor at least once per month," she says. "The time and cost is huge."

After making the ride on Friday afternoon and night, Diane will rise at 4 a.m. to go to the prison, be cleared for entry, and waiting at 8:30 a.m. to spend as much time as possible with Brendon in the visitor's area. They eat from vending machines, and the cool room provides Brendon relief since the air conditioning does not work in the old gymnasium where he's housed with 120 men.

"He wants to keep busy," Diane says. "He's taking responsibility for what's been handed to him. He's proud and says, 'I don't want anyone to feel sorry for me. I want to do the best I can while I'm here.'"

He works at prison jobs whenever he can, for 13 cents an hour, she says. Sometimes Diane sends him money. Both of these incomes have 55 percent taken out to go toward restitution damages of $153,000 that Brendon was ordered to pay the victim, with interest accumulating while he's in prison.

"I've learned to appreciate things in life - my freedom," Diane says. "I have found out who my friends truly are. I've been so blessed and I'm so grateful for their support."

"Brendon has learned to appreciate things like a hug - and being able to go into a room by himself," she adds.

She talks about the future

Life has gone on for the Rose family. Adam withdrew from University of Oregon to move back home and is finishing his bachelor's degree in business at Cal State East Bay. He also is working as a personal trainer, sometimes side by side with Diane, as well as coaching football at Amador Valley High School in Pleasanton and working for his dad who is now in the trucking brokerage business.

Brendon has completed some correspondence courses but found it was difficult to study in the prison atmosphere plus most colleges require the Internet. He has been studying Spanish on his own.

"Some wonderful people donated money for a guitar," Diane says. "He tries to get along as best he can."

"He has a passion for the arts. He draws, he has paper and pencils," she says. He hopes to attend the San Francisco Academy of Arts and become a graphic illustrator.

"It's my goal not to be bitter or angry any more," Diane says. "Last year was tough, and the year before was tough."

She says her physical line of work has helped keep her balanced. After the twins were born, she wanted to get toned and acquire strength using diet, weight training and cardiovascular workouts, so she hired a personal trainer. She loved the physical and mental sense of well-being so she pursued the field of personal training herself. Also the flexible hours were perfect while rearing her two little boys. Now, at 55, she specializes in women in her age bracket.

"I have great clients," she notes. "They've been very supportive."

Diane now is optimistic for several reasons. There are plans to transfer Brendon to the California State Prison in Solano, which is located in Vacaville. She thrills to think of Brendon living closer plus she'll be able to visit him often. Also she is hopeful that the efforts of Bill O'Reilly and Robert Duvall might bear some fruit.

And Brendon's new attorney, Steven Gruel, who specializes in appeals, has submitted the case to the state Supreme Court.

"The work that was done before was not as thorough as it should have been. There was not a reasonable medical analysis done," says Gruel.

The new motion is based on a document from a neurologist who says it is medically probable that the injuries to the victim were not caused by the kick.

"The kick," Diane says. "It's always been about the kick."

"I myself was a former federal prosecutor for 16 years in San Francisco, prosecuting organized crime and white collar, the worst of the worst," says Gruel. "Granted there was an altercation. Granted Mr. Rose should be punished for his role in it. But one of the objectives for justice is to make sure the punishment fits the crime. In this instance, I think it is a severely overreaching punishment for this particular matter."

He found the O'Reilly Factor exposure fabulous.

"The appearance helps draw attention to the fact that there are real life events, tragedies, that do occur that affect and continue to affect a lot of people. It shows it can happen to your son, your loved one, just as easily," he adds.

"My hope is to have the case as it exists looked at by not only the courts but the executive branch, which is the governor," he continues. "I'm contacting the governor's office pretty much on the heels of the O'Reilly show and asking to see if the governor is interested in doing a commutation, not a pardon. It says, basically, you've done enough time for this crime."

Diane says other parents in similar situations have contacted her for advice.

"Do your homework, face to face and on the Internet," she says she tells them.

"It's been great for me to help educate them," she adds.

The last three-plus years have been surreal, she says. She strives to remain strong and not be bitter, but even when Brendon is free she plans to keep asking questions about the justice system that need to be addressed. Why does one judge have so much power? Why are other people sentenced to less prison time, even when their victims die? Why was the judge able to award restitution at a criminal procedure, which, Diane says, was unprecedented?

Meanwhile part of her is imprisoned with Brendon on the Arizona border.

"I pray every day for his health and safety," she says.

Does the punishment fit the crime?

The events of the college brawl during Spring Break on March 22, 2003, were fuzzy even at the time. But they would dramatically alter the lives of Brendon and Adam Rose, 18-year-old twins who had graduated the previous June from Amador Valley High in Pleasanton, and their parents Diane and Ken Rose.

It was the wee hours of the morning, near Santa Clara University. Brendon, who was attending Las Positas College, had gone to visit friends and check out the party scene. His twin brother Adam, who was home from University of Oregon, arrived with other teens when Brendon called to say a fight was brewing and he might need help.

A melee did ensue and Adam recalled that three or four guys jumped him. Brendon pulled off one, a 21-year-old from Gilroy named Jed Bober, and punched him. Bober fell, striking his head on the pavement. Then - in an act that was to be scrutinized for years to come by family, attorneys and judges - Brendon kicked him in the head.

Bober was injured badly enough for police to investigate although questions remain whether he was injured by the fall, by friends carrying him into their apartment and dropping him, or by the kick. Ten days later, police arrested Brendon at his Pleasanton home and he was booked on attempted murder. Seven months after the fight, the grand jury indicted him on two counts of battery with serious bodily injury and one count of assault by means of force likely to produce great bodily injury.

Diane and Ken Rose hired attorney Jack Noonan to defend Brendon. Noonan advised him to plead "no contest," telling them he would probably receive probation, the Roses recalled. Santa Clara County Superior Court Judge Diane Northway extended the hearing date from April 23 to May 10 to wait to hear from Brendon's probation officer.

"The report was scathing," Ken Rose said in June after the hearing. "It said he was self-centered, non-remorseful and has all his family and friends in Pleasanton fooled."

Diane Rose said this report was written after the probation officer spent one hour with Brendon. She said it contains more than 60 discrepancies plus things were misinterpreted. For instance, when Brendon said he couldn't wait for the hearing so he could get on with his life, the probation officer found it callous. Diane Rose feels the interview should have been recorded so someone else could review it.

Members of the community appeared in court to vouch for Brendon's character and to refute the report's conclusions while others wrote letters, including teachers, coaches, a police officer, two fire chiefs and a psychologist.

"These were all people whose lives this kid has touched and who know him very well," said Diane Rose.

Bober's family lobbied just as hard for a tough sentence. Jed had gone into a coma, with swelling that put intense pressure on his brain. He had spent a month in the hospital and, at the time of the hearing, was still suffering from headaches, some visual impairment, and a loss of the sense of smell.

Noonan came to court without the notes he and Brendon had assembled a few days earlier, so Brendon unexpectedly had to take the stand. The judge kept questioning him about the punch to Bober's face, the kick, and the intervening amount of time, Diane and Ken Rose said. Brendon, totally unprepared, did not know how to answer.

Judge Northway sentenced Brendon to three years in prison with an additional five years mandated by the state Legislature because of the bodily injury, Deputy District Attorney Bud Porter explained. This added up to an eight-year sentence, with the possibility of parole after six years 10 months.

"People may disagree or have walked away with a bad feeling, but they ... need to have all the information the judge did before forming opinions about the system," Porter said a month after the decision.

The Rose family never denied Brendon deserved to be punished. But they continue to be outraged by the length of the sentence.

"It's not about Brendon being responsible," said Diane Rose. "He knew he deserved consequences, but not this."

Comments

Posted by Peggy Mann, a resident of John Baldwin Elementary School
on Sep 3, 2007 at 7:59 pm

Thank you so much for doing the story on Brendon Rose. I have been following this case for over 3 years and I'm hoping that your story will help to make a difference in overturning the injustice done to this young man. I emailed your story on to over 50 of my friends and family members. It is wonderful to have a newspaper cover important stories about our own community members.
Thanks again, Peggy Mann (27 year resident of Danville over which time I have been active in many of our community's non-profits).


Posted by Dawn Thornton, a resident of Alamo
on Sep 5, 2007 at 11:21 am

Diane Rose is a well-known and well-respected member of the Alamo/Danville community, and her family's tragedy deserves attention. More than that, it demands scrutiny. Thank you for the very well-written story, which I hope will bring a wider and more influential audience to Brendon's plight. Mr. O'Reilly and Mr. Duvall were very generous in giving the Rose family national exposure on this issue; I applaud and encourage further and consistent follow-up and updates in the local and national press.


Posted by Bud, a resident of San Ramon
on Sep 21, 2007 at 11:18 pm

Uh, Rose kicked a guy when he was on the ground? Guilty!


Posted by Shana, a resident of another community
on Sep 27, 2007 at 5:18 pm

Hey Bud...yes, he did kick the guy in the head and guess what, he knows he did something wrong. You obviously didn't read the article or really pay attention to what Diane Rose was saying. It's people like you, with your ignorance and quick judgment that create this kind of injustice. Do you really think a college brawl deserves 8 years in prison? And funny how no one ever discusses that it was Jed Bober and HIS friends who actually started the fight and who have histories of starting fights in and around Santa Clara University; Mr. Bober was in no way an innocent bystander.


Posted by Call me Mike, a resident of Danville
on Sep 28, 2007 at 9:52 pm

This line kind of sums up this whole situation:
"The report ... said he was self-centered, non-remorseful and has all his family and friends in Pleasanton fooled."
That statement applies to the whole Rose family, if you ask me. What a bunch of self-centered whiners. Instead of worring what to wear to prison, the mother should be dressed in orange picking up litter on the freeway.


Posted by Amanda Freeman, a resident of Danville
on Oct 1, 2007 at 2:01 pm

Can't believe "Mike" posted that comment. He does NOT know the Rose family. Some of us do. They are a wonderful family. Have a heart.


Posted by Someone's Mom, a resident of another community
on Oct 4, 2007 at 3:25 pm

I have to say after reading all of this, I can see both sides. As a mother, I would not want to see my child hurting, rotting in a prison cell. Also as a mother, I would not want to see my child in a hospital bed, in a coma, or physically damaged for the rest of his life. So, if given the choice between which horrible situation my child should be in, perhaps jail is the better alternative?


Posted by A friend, a resident of another community
on Oct 4, 2007 at 8:12 pm

I grew up with the Rose brothers and to hear that the report said Brendon "has all his family and friends in Pleasanton fooled" makes me sick. I believe he deserved a punishment but if you have read Interesting relevant/related articles from the website www.Saveourrose.com, you will see that Brendon's crime and punishment do not go together.


Posted by A Parent, a resident of another community
on Oct 7, 2007 at 3:01 pm

Sadly a young man has gone to jail and his family is hurting from the loss and yet through all of the attention and efforts of this site i had to struggle to find reference to the real victim, a young man who has been branded a criminal even though he was attacked by Rose. Then, when Brendon should have re-focused his attention on the other purported attackers he chose instead to continue his assault on the victim by kicking him in the head, according to the thought process here if the victim had died then he shouldn't be guilty of murder because gee he didnt mean to kill him....Sorry but when you deliver a kick to someone else's head you have to expect it to be a crushing blow, if it had been my son lying there possibly with a fractured skull i would have to say the sentence should have been longer....8 years is a gift......

Just my .02 cents


Posted by Mary L, a resident of another community
on Oct 9, 2007 at 7:19 am

If I may ask, what ever became of Bober? Was he and the other assailants ever charged?
As a mother this just makes me sick....esp. when so many people get by with so much crap.....Good Luck, keep the faith, there may be a reason.


Posted by Bud, a resident of San Ramon
on Oct 13, 2007 at 1:07 am

Hi Shana. It's obvious to me that you don't know a damn thing thing about the penal code. The FACT is, Shana, one kid was already down on the ground. The other kid KICKED HIM IN THE HEAD. And by the way Shana, the use of a foot to the head, i.e., KICK, is considered assault with a deadly weapon. Had the victim on the ground not recieved serious injury, said suspect/defendant, would have been charged with PC240/242 instead of PC245. Mr. Rose would have spent time in jail or been placed on a lengthy probationary period. Instead, the young man, now rests in a california state prison. Diane Rose insisted on saying it was "...about the kick." Damn right it's about the kick. But it's not just about the kick. It's about the injuries receive from the kick. I'm sure your asking yourself how I know so much. I'm in my 19th year working as a correctional officer. I know the criminal justice system, warts and all, a hell of a lot better than you do. I saw more fights in my first year than you could possibly witness in a lifetime. And for you to say Mr. Rose knows he did something wrong? How do you know? Regardless of who started the fight, Shana, the victim was on the ground. The Ultimate Fighting Championships (UFC), as brutal as it is, doesn't even allow kicks to the head when the opponent is down. If I took an inmate down and kicked him in the head I would lose my job and then find myself on the losing end of a civil lawsuit. In closing, Shana, the next time you want to call someone ignorant, make sure you know YOUR facts.


Posted by Bud, a resident of San Ramon
on Oct 13, 2007 at 1:51 pm


From Diablo Magazine, May 2005. By John Geluardi:

"What is absolutely sure is that, at one point, Brendon Rose punched Bober in the head, instantly knocking him out. Bober tipped over backward like a felled tree and struck the back of his head on a concrete driveway with a thud that one witness compared to a "coconut busting." The sound was so loud that the fighting stopped."

"By all accounts Bober was unconscious. He was lying in the street with his head and shoulders on a driveway. His breathing was labored, and he was ashen. As the partiers hanging out on Bellomy Street watched, Rose stepped onto the driveway, drew back his leg, and kicked Bober in the temple with enough force to fracture his skull."


So, the guy on the ground is knocked out, BY ALL ACCOUNTS, people. Mr. Rose then decided to kick the victim in the head. Wow. And Diane Rose and the other knuckleheads wonder why Brendon is serving an 8 year prison sentence? It is what it is folks. THE VICTIM WAS UNCONCIOUS. HE WASN'T FIGHTING BACK. THE FIGHT WAS OVER. Rose is lucky he din't get more time. What a cowardly act. The crime most certainly fits the punishment.


Posted by Hal Bailey, a resident of Alamo
on Oct 23, 2007 at 10:27 am

Among all the commentary concerning Brendon Rose, it is evident that many quickly commented without study of this case or study of fair and equal justice.

If one were to review this case and cases with the same charges, such study would show that Brendon did not receive reasonable representation, fair and equal justice or any fair review of his sentencing after the fact.

We can all differ on our perception of justice, but I am quite sure we do not differ on our desire for equality of justice.

Hal


Posted by Bud, a resident of San Ramon
on Oct 24, 2007 at 10:14 am

Hal,

Spoken like a true lawyer, Hal (defense attorney perhaps?). "...such study would show..." Hey Hal, are you saying you studied other cases like this one only to put your two cents in? Give me a break.

And what's with the doublespeak? "...but I am quite sure we do not differ on our desire for equality of justice." I differ with you, knucklehead, because you can't define what justice is. Read the penal code on assault, nitwit. Oh, and by the way, on an 8 year sentence in CDC, you only do half time which would give Brendon 4 years with good behavior. But I'm quite sure you already knew this.

SCCDOC in the house!




Posted by Friend, a resident of Danville
on Nov 7, 2007 at 7:05 pm

Bud,

Get a LIFE!!! Stop worrying about everyone else's just because you don't have one. "Knucklehead"


Posted by Bud, a resident of San Ramon
on Nov 7, 2007 at 9:04 pm

Seems to me you're the only one worrying about my life, jackass. Oh, and by the way, I guess you are not mature enough for a debate based on the childish comment you just made. You must be a friend of Shana.


Posted by Anna, a resident of San Ramon
on Nov 10, 2007 at 10:48 am

Bud,
You sound very unstable to me. I think you need some anger management therapy.


Posted by Bud, a resident of San Ramon
on Nov 10, 2007 at 12:11 pm

Anna, poor Anna,

Unlike you, who lives in a plastic bubble, I tend to think in terms of the "real" world. Taking potshots at me doesn't address the issue(s) at hand. Your lack of experience and education in this matter clearly shows ignorance. I would mention stupidity but I'll give you the benefit of the doubt.


Posted by friend, a resident of Walnut Creek
on Nov 15, 2007 at 9:40 am

You are a seasoned "Bully". You must have been the biggest bully on the playground "Bud"... You have managed to "name-call" each of your "victims". This must be fun for you! knock it off and get a life.


Posted by Bud, a resident of San Ramon
on Nov 15, 2007 at 11:08 am

Dear Friend from Walnut Creek,

You said "victim," I didn't. Funny, I never looked at it that way. Um, victim of what? Please clarify. Also, you are calling me a bully? Wow. Kinda like the pot calling the kettle black in the name calling department, don't ya think? Are you not able to engage in debating the topic at hand? Are you really that inept? See, this is the problem with uneducated people, such as yourself. Debate the issue Friend from WC. Call me a name, whatever. But please focus on the article, not me. Oh, least I forget, Friend from Danville already told me to get a life. Please come up with something more original next time. Seasoned bully? Ah, you must be referring to my writing style. And for that, I thank you :-)


Posted by Serious Guy, a resident of another community
on Nov 15, 2007 at 7:08 pm

People - I urge you all to stop posting here. It is obvious that this "Bud" person either truly does not have a life or is being paid by the friends of Mr. Bober to monitor and participate in this comment board. Since "Bud" has absolutely nothing of value to offer this board, I suggest we all abandon our participation. This is my last post. And I will not be back to read either.

Unfortunate that people cannot behave on a public opinion board.

Serious Guy


Posted by Bud, a resident of San Ramon
on Nov 15, 2007 at 11:59 pm

That's funny, I didn't know Serious Guy was Speaker of the House.

Anyway, on a more serious note...Serious Nut, a resident from another community, is accusing me of being paid off by friends of Mr. Bober. Wow! Facts please? And to think I was just exercising my freedom of speech as covered under the 1st Amendment!

And isn't it interesting how Serious Girly Guy wants everyone to abandon this comment section just because he doesn't agree with how I see things. He said, "This is my last post. And I will not be back to read either." Hold on, let me get a bucket to collect my tears. What a sissy. A little tender under the skin, Guy?

For me, the personal attacks have become great folly in a rather absurd theatrical sense. I have become somewhat of a celebrity on a Danville Weekly discussion board about an article that appeared in August of 2007. It's now November and people tell ME to get a life? LOL.

At some point I will tire from the darts and daggers sent to me from poison pens. But until then, GETCHA POPCORN READY :-)


Posted by Bud, a resident of San Ramon
on Nov 21, 2007 at 10:46 am

This comment section is now closed. I won :-)


Posted by A grandmother, a resident of another community
on Dec 16, 2007 at 6:58 pm

This incident reveals the kind of thing parents have nightmares about -- that their kids will go out and get into a situation they cannot handle without severe jeopardy to their own lives and/or the lives of others. Too often it involves drinking or other substance use. And in many instances, from a legal point of view, how a fight begins is not as important as how it ends. I am sure all the relatives of the parties involved are sick at heart.

As far as the sentence itself is concerned, sentencing often seems to be inconsistent and unfair. People have killed people and received lighter sentences. But attempts to use standard or mandatory sentencing rules do not always work either.

The animosity expressed in some of the comments makes it clear that we are all closer than we like to think to violence of thought, which often escalates to violence in deeds. Can't we realize that none of us totally knows every corner of this case, and that there is ample right and wrong all around. Empathetic yet rational discussion should be possible without verbally attacking each other.


Posted by Bud, a resident of San Ramon
on Dec 17, 2007 at 10:40 pm

Granny,

Very well put in terms of verbiage and the like. But once again, I believe you, like all the others, miss the point. A guy is unconscious on the ground while another guy kicked him in the head. Why can't people understand the judge's wrath on the sentencing issue. If the victim had been kicked in the head while he was conscious, the outcome would have been very different. The fact is the victim couldn't defend himself. This is why the judge sentenced Mr. Rose to 8 years. Santa Clara County doesn't mess around with violent crime. I know, I work there.

As far as people killing other people and receiving lighter sentences go, please point out to where someone killed someone and received less than 8 years. The only way a person could receive less than 8 years would be if it was a manslaughter issue or self defense. Remember, Rose committed a deliberate violent act. He had time to think about what he was going to do. Oh, and remember the victim suffered from neurological problems after the fight. Remember, Rose was NOT defending himself. Rose defended his brother by knocking the victim to the ground. The fight should have ended right there.

I don't know Rose. I don't know Bober. I'm writing this from a law enforcement point of view. A FACT is a FACT. That is all I was trying to say until people started to attack me. Serious Guy (listed above), and an obvious friend of the Rose family, told people to stop commenting on this article because he couldn't take the heat from me. I decided to have a little fun with the man and that was that.

In closing, Granny, I do agree with much of what you say. But the world is a cold hard place. Society is really cracking down on violent crime. It is sad that such a young man has to be sent to prison for such a foolish act on his part.

Life isn't always fair. But I strongly agree with the judges decision in this case.

Bud



Posted by Bud, a resident of San Ramon
on Nov 28, 2008 at 10:50 pm

Hmmm...haven't been here in quite a while. Is Serious Guy still around?


Posted by Court C, a resident of Danville
on May 16, 2010 at 7:12 pm

I cant help but crack up as I read these posts. It seems everyone except one can handle a difference of opinion.

"BUD"- You seriously have some anger issues. You say your a correctional officer? Thats funny, you seem to have a bit of an issue when it comes to dealing with conflict. And if you would like to stick to the facts, I believe your missing some. Yes Rose kicked Bober when he was down... Yes that was horrible... But what about Bober and his friends jumping the other brother and initating the fight? Tell me, If your twin brother was being jumped...would you or would you not defend your blood? Im not saying that kicking someone in the head is in any way suffcient, but in the heat of the moment, after you grabbed a man off your brother, punched him and he fell..would you then check to see if he was concious or not? Would you take the time to make sure he was okay while 10-14 of the other friends continued to jump your brother? I dont believe you would, I dont believe anyone would. Now...On the other hand...

I and my signifcant other are in law enforcement with the Contra Costa County so please dont act like everyone else on this post doesnt understand facts about crime and punishment. Your name calling and low blows to other posts shows your extreme lack of maturity and I only hope that the other "Correctional Officers" of your statue handle disagreements in a much more constructive way. YOU ARE AN EXAMPLE OF SOMEONE THAT GIVES LAW ENFORCEMENT A BAD NAME. Its amazing to me that we allow such ignorant, disrespectful people such as yourself to represent which should be known as a respectful and honorable position.


Posted by Bud, a resident of San Ramon Valley High School
on May 28, 2010 at 11:26 am

Let's see...my last post was Nov. 28, 2008. Today is May 28, 2010. And you are just now responding to this post, Court C? And you say that you and your hubby work in law enforcement? Really...?

Court C wrote:

"...while 10-14 of the other friends continued to jump your brother?...".

Where in the article does it say 10-14 friends of Bober jumped Rose? You made that up, which of course lends to the lack of credibility about you working in law enforcement.

Also, I'm only going by what Diane Rose said. And yet there you are injecting emotion into the issue by calling me ignorant. Logically speaking, a presenter of facts cannot be considered ignorant of the issue at hand.

The fact that you don't back the probation officer, D.A. and judge on this incident makes me question your association, much less employment with Contra Costa County S.O.

Oh, by the way, Oakland PD is accepting applications at this time. Good luck.

Bud


Posted by member, a resident of Diablo
on Jun 13, 2010 at 11:04 am

haha bud actually oakland pd is about to lay off 140 officers. get your facts straight... oh and geta life...im guessing you check this regularly cause you dont have one


Posted by Bud, a resident of San Ramon
on Jun 17, 2010 at 10:33 am

Nice trap Mr or Mrs Alamo, but it didn't work. Instead, why don't you comment on the topic at hand? Are you void of content, perhaps?


Posted by Justice, a resident of San Ramon
on Jul 20, 2010 at 1:39 pm

Bud I'm just glad I don't live next to you and have you out in your lawn calling the police when people park two feet from the curb or when college kids have their friends over at 10:00 p.m. But, it is obvious that you were picked on growing up and scavenge message boards trying to go after anyone who think will listen. I went to high school with Brendon Rose and the "person who interviewed Brendon in the probation office," couldn't of been farther off about the credibility of one individual. He will be pillar in the community when he gets out. This a young man that was looked up to by coaches, teachers and parents. I am not trying to justify that it is alright for him to kick Bober while he was down. Fights breakout in college towns like this everyday and if Bober had not started this fight then B rose would not be serving jail time. Young kids do not realize the severity of fighting, but one punch or kick can change someone's life. Hopefully students will learn that fighting doesn't solve anything. While I was in college their was a fight outside my house, where my brother or myself were not involved but a kid was drunk and started yelling and my friends got in a fight with these two young men, which was not the right thing to do. But the young man started this altercation by bringing a golf club and following my friends to outside my house and hitting one of them in the head with the golf club from behind. One of my friends retailated by defending himself with his fists. The person to start the fight called the police and they did a police line-up outside my house, which I found out later from our private investigator was illegal and what I would expect by the police officers that they throw in college towns as probation after they have done something wrong. The kid picked my brother out of a photo line=up who was sleeping during the entire incident and I stayed inside because fighting doesn't solve the proble. When the took him away in handcuffs I said he was sleeping how can you say he was involved, the officer said wouldn't you believe to be asleep if you were going to jail. So to wrap this up, what Brendon did was not right, but if guys like Bober, who probably have never even gone to college, but invade college parties to their thirties, this incident would have never occurred. It sounds like he has come from a family from dirtballs and probably just gone done filming cops at their house. I am glad Brendon is finally getting released in seven months, but for a dirtball like to not have compassion for his family who was misrespresented is sickening. Enjoy your afternoon with your beercan and your overhanging beer belly with your shirt off and unemployment. Also, it sounds like Bober overplayed his injuries to make a buck, probably how his family taught how to make money by cheating the system. If Brendon wasn't misrepresented, his brother wasn't confronted by a drunk idiot and the probation officer was farther off, he wouldn't of served eight years in prison. But unfortunately, Brendon was an example, but is a man. When he gets out of prison he will be a pillar of the community.


Posted by member, a resident of another community
on Aug 2, 2010 at 7:12 am

Just to be clear, Bober did go to college and he wasn't out to get a buck from this whole incident. He was the one in a coma for over a week and will have constant reminders of this incident from what he suffered through his injuries. Brendon gets jail time and will be out soon. Both partied here will deal with this the rest of their lives. Regardless who is at fault for this its a bad situation overall. No one was in the right for what happened. It was the kick to the head which landed Brendon in jail not the fight. I don't care who you are, you don't kick someone in the head once they are already down and unconcious.


Posted by Bud, a resident of San Ramon
on Aug 5, 2010 at 10:34 pm

To that last comment, thank you! I've been trying to say that all along.


Posted by defense attorney, a resident of Diablo
on Sep 27, 2010 at 11:21 am

Is that Diane Rose, the defense attorney. Web Link


Posted by MP, a resident of Walnut Creek
on Jan 3, 2011 at 11:40 am

Now that it is 2011, does it mean this "criminal" will be released back onto the streets of Pleasanton?

Hide your kids, hide your wives!


Posted by Bud, a resident of San Ramon
on Apr 26, 2011 at 10:05 pm

Sure hope Justice has matured since His last posting.


Posted by Mary Sousa, a resident of another community
on Oct 21, 2011 at 3:22 pm

Is Brendon Rose out of prison yet? I haven't found anything online about it.


Posted by Bud, a resident of San Ramon
on Feb 24, 2012 at 11:35 pm

Just stopping by for a beer... Ah, that was tasty. Just wanted to say hello.