A former Alpha Project official said yesterday that two producers of the "Bumfights" video of homeless people fighting and performing stunts completed their court-ordered community service work.
Robin Miller, former office coordinator of the Alpha Project's Neil Good Day Center, said Zachary Bubeck and Ryan McPherson completed 280 hours of work at the homeless shelter in 2003 as required by a judge.
"I specifically remember them," Miller said in a telephone interview yesterday. "They did their community service."
El Cajon Superior Court Judge Charles Ervin ruled Wednesday that there was sufficient evidence to believe the two men haven't done the work and said they must prove they did at a February hearing or face a jail sentence.
Despite Miller's assertion, prosecutor Curtis Ross continued to maintain yesterday that Bubeck and McPherson haven't completed the required work to allow them to remain on probation for their misdemeanor convictions on charges stemming from the videos.
Ross said he would continue to press for Bubeck and McPherson to be jailed for failing to meet the terms of their probation. They face up to four months in custody.
"What's at issue is whether the kids did what they said they did – Did they do their 280 hours? – not whether someone signed off on them," Ross said.
Bubeck, 27, and McPherson, 21, both of Las Vegas, pleaded guilty in June 2003 to charges of conspiracy to stage an illegal fight after a judge dismissed felony charges of battery and soliciting a felony in connection with the production of the video.
Two other men, Daniel Tanner and Michael Slyman, also pleaded guilty to the charge, but their court-ordered community service isn't at issue in this case.
The Alpha Project's chief operating officer, Tony Phillips, reiterated yesterday that his organization has no records showing that Bubeck and McPherson did the work. He said Miller worked for the Alpha Project for less than six months, leaving in May 2004.
Miller said Alpha Project record-keeping could be sloppy. Nevertheless, she said she had maintained a record of the work Bubeck and McPherson did.
"Whether or not they know where it's at is because (the) Alpha Project is disorganized," Miller said.
In December 2003, Bubeck and McPherson submitted letters to the court signed by Miller stating that they completed their community service. Ross questioned the letters' authenticity in court this week. Miller said yesterday that she wrote and signed them.
Miller, a Chula Vista resident, said she has been visiting her daughter in Georgia and learned from a friend this week that prosecutors had accused Bubeck and McPherson.
Speaking by telephone from the Atlanta airport yesterday, Miller said she was willing to sign affidavits or testify in court on behalf of the men. She said she had tried unsuccessfully to reach Ross by telephone.
Lawyers for Bubeck and McPherson said Miller's comments should end the case against their clients.
Prosecutors "should have done a more thorough investigation," said Jan Ronis, a lawyer for McPherson. "The original prosecution was ill-conceived, and certainly this resurrected prosecution was ill-conceived."
Ross said he hadn't spoken with Miller because he couldn't find her.
"(The) Alpha Project told me she no longer worked there and they didn't know her current whereabouts," Ross said.
Robin Miller, former office coordinator of the Alpha Project's Neil Good Day Center, said Zachary Bubeck and Ryan McPherson completed 280 hours of work at the homeless shelter in 2003 as required by a judge.
"I specifically remember them," Miller said in a telephone interview yesterday. "They did their community service."
El Cajon Superior Court Judge Charles Ervin ruled Wednesday that there was sufficient evidence to believe the two men haven't done the work and said they must prove they did at a February hearing or face a jail sentence.
Despite Miller's assertion, prosecutor Curtis Ross continued to maintain yesterday that Bubeck and McPherson haven't completed the required work to allow them to remain on probation for their misdemeanor convictions on charges stemming from the videos.
Ross said he would continue to press for Bubeck and McPherson to be jailed for failing to meet the terms of their probation. They face up to four months in custody.
"What's at issue is whether the kids did what they said they did – Did they do their 280 hours? – not whether someone signed off on them," Ross said.
Bubeck, 27, and McPherson, 21, both of Las Vegas, pleaded guilty in June 2003 to charges of conspiracy to stage an illegal fight after a judge dismissed felony charges of battery and soliciting a felony in connection with the production of the video.
Two other men, Daniel Tanner and Michael Slyman, also pleaded guilty to the charge, but their court-ordered community service isn't at issue in this case.
The Alpha Project's chief operating officer, Tony Phillips, reiterated yesterday that his organization has no records showing that Bubeck and McPherson did the work. He said Miller worked for the Alpha Project for less than six months, leaving in May 2004.
Miller said Alpha Project record-keeping could be sloppy. Nevertheless, she said she had maintained a record of the work Bubeck and McPherson did.
"Whether or not they know where it's at is because (the) Alpha Project is disorganized," Miller said.
In December 2003, Bubeck and McPherson submitted letters to the court signed by Miller stating that they completed their community service. Ross questioned the letters' authenticity in court this week. Miller said yesterday that she wrote and signed them.
Miller, a Chula Vista resident, said she has been visiting her daughter in Georgia and learned from a friend this week that prosecutors had accused Bubeck and McPherson.
Speaking by telephone from the Atlanta airport yesterday, Miller said she was willing to sign affidavits or testify in court on behalf of the men. She said she had tried unsuccessfully to reach Ross by telephone.
Lawyers for Bubeck and McPherson said Miller's comments should end the case against their clients.
Prosecutors "should have done a more thorough investigation," said Jan Ronis, a lawyer for McPherson. "The original prosecution was ill-conceived, and certainly this resurrected prosecution was ill-conceived."
Ross said he hadn't spoken with Miller because he couldn't find her.
"(The) Alpha Project told me she no longer worked there and they didn't know her current whereabouts," Ross said.
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