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Keep Payne away Allison K. Sampité | Thu, May 03 2012 12:54 PM

Sweetwater Union High School District board member John McCann recently filed a temporary restraining order against a parent and community activist.

The order, filed April 24 in the San Diego Superior Courthouse in South Bay, grants a 100-yard restraining order against Stewart Payne except at school board meetings.

“It’s about my safety,” McCann said.

The order states that Payne cannot harass, threaten, attack, telephone, stalk or destroy the personal property of McCann. It also says Payne, who is a gun owner, must surrender any firearms.

McCann’s request to keep Payne away from him at school board meetings was denied.

“It’s an attempt by an elected official to deny me my right to the first amendment,” Payne  said. “None of this is personal for me against John McCann or any of the board members. John McCann is choosing to make this personal.”

McCann said that’s not the case.

“I respect everybody’s first amendments and welcome everyone to peacefully express their opinions,” he said.

The order follows an incident that occurred following the end of a district board meeting last month, during which McCann called the police and reported that Payne allegedly threatened him saying, “I’m gonna knock you out.”

“He clenched his fist to hit me and a security guard stepped in between us,” McCann said in an interview last month.

McCann also stated that three sworn testimonies from security guards Jorge Sanchez and Juan Lopez, hired by the district for board meetings and San Ysidro teacher’s union member Jimmy Delgado support his version of events.

“They corroborated that Mr. Payne made physical threats against me,” he said.

Payne said the version of the story given by McCann and the witnesses is nowhere close to the truth and said the court order is a tactic to keep him from attending school board meetings.

Payne declined to comment on whether he has plans to retain an attorney however he did make a statement.

“I’m not just gonna lay down and let this guy get a restraining order on me based on lies,” Payne said. “John McCann was the aggressor.”

Payne maintains his innocence.

“I’ve never threatened anyone on that board or anyone else at those meetings and I’ve been going to those meetings for close to five years,” he said.

McCann retained Randall Winet from the law firm Winet, Patrick & Weaver and requested the court have Payne pay $2,400 in legal fees.

However, if that does not happen, McCann said the district is required to pay for the safety of board members.

“I’m happy with the courts favorable decision and I just want to continue to my job as board member in a safe environment,” he said.

A hearing is scheduled for Wednesday, May 9 in the South Bay Courthouse.

Documents for the resquested temporary restarining order can be viewed by clicking on the links below:

Page 1

Page 2

Page 3

Documents outlining John McCann's request for a TRO can be viewed by clicking on the links below:

McCann 1

McCann 2

McCann 3

McCann 4

Documents detailing Juan Lopez' declaration can be viewed by clicking on the links below:

Lopez 1

Lopez 2

Documents detailing Jorge Sanchez' declaration and report can be viewed by clicking on the links below:

Sanchez 1

Sanchez 2

Sanchez report 1

Sanchez report 2

Documents detailing Jorge Sanchez' declaration and report can be viewed by clicking on the links below:

Delgado 1

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sosocal Says:

Sat, May 05 2012 02:20 PM

For another version of this event, please take a look at

This will provide valuable insight.

sosocal Says:

Fri, May 04 2012 02:05 PM

Yet another attempt by John McCann to muddy the waters...and Sweetwater's water is already sludge, thanks to the majority of the board of trustees and Superintendent Brand. There really is no depth to which this group will not stoop. Slander just doesn't look good, no matter how you try and play it.

Fran brinkman Says:

Wed, May 02 2012 09:48 PM

What a three ring circus this is turning out to be. Anniej do you remember when Brand kept us out of an ethics meeting by lying to us and leaving us in the boardroom to wait? Then John and I were kept out of a board meeting because it was supposedly full. We went in and it was not even half full. The police were called and they did not remove us because it would have been a breach of our rights.This certainly sounds like another move on the districts part to get to Mr Payne. did you see that Mc Cann filed to keep Stewart out of board meetings but the judge refused?

anniej Says:

Wed, May 02 2012 08:45 PM

i was in fact there, standing right next to mr. payne.

mr. payne did NOT, let me say again, did NOT in any way threaten john mccann.

who else but john mccann stands in front of those who went to the district attorney and fbi with information that lead to the recent indictments - insults them to their faces and then demands that they shake his hand. he does not ask once, NO, he DEMANDS up to three times. why does john mccann, have such contempt for persons who have exposed alleged corruption? hmmmm, yes why?

john mccann is upset with mr. payne because he has continuously questioned the lack of fiscal responsibility of the majority of the board, mr. payne also supports the RECALL movement - mccann realizes that his alleged consistent bizarre behavior, his receiving of campaign donations (while not illegal) from certain entities that have recently plead guilty in the da investigation into sweetwater and southwestern, his voting record will, MOST LIKELY RESULT IN HIS HAVING TO CROSS MAYOR OF CHULA VISTA OFF OF HIS BUCKET LIST.

ask yourselves this very pertinent question "who has continually shown signs of erratic behavior publicly?" i.e.

* turning board member lopez's mic off
* has a melt down during the retiring of 'the gandara' because he did not like public comment? (there is a utube video)
* intimidated the public speakers at the hilltop high meeting by videotaping certain public comments?
*continuously USES his military service to the point where the INFAMOUS COMMANDER took him to task at the Hilltop High meeting?
*allegedly attempts to run over a city official?

well folks the answer is NOT Mr. Stuart Payne!!!!!!!!!!!

just my opinion

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