Saturday, February 28, 2015

For God's sake, people, what good is free speech if you don't USE IT?

Excellent article by Ryan Burns at Lost Coast Outpost.

County Mental Health Branch in Crisis After Mass Resignations of Doctors, Nurses

There are many comments by people claiming to be affected, employees at DHHS. Anonymous. One particularly well-thought out comment by PsychTraumaTxist is, like the others, under a pseudonym.

He/she says, among other things: Forgive my having gone on quite so long, but the negative, sometimes traumatic, effects this has had on the wellbeing of literally hundreds of people in our community is something I've been seeing for quite a while. It's time to speak up — and I hope others join me in letting those ultimately responsible hear from us. Please, call, write and/or email the Board of Supervisors individually and together.

You can't go to that Board Of Supervisors meeting anonymously, and you can't go with a paper bag over your head. You're going to have to stop being afraid.

Monday, February 23, 2015

PLEADING INSANITY

Trying Sanity: What Does Gary Lee Bullock's Insanity Plea Mean? - THADEUS GREENSON/THE JOURNAL

‘I was insane at the time’: Bullock enters revised not guilty plea - Will Houston, Eureka Times-Standard
Attorneys involved in the case are unable to comment due to a gag order, but former District Attorney Paul Gallegos said the case could proceed in a few different ways with the new plea.

“Speaking generally, what happens is they entered a plea of not guilty by reason of insanity. The court has to appoint experts and the experts will do their investigation. They will make reports,” he said. “The trial itself is a bifurcated trial, which means it’s split. The first part is the guilt phase and then there is a sanity phase.”

Should a defendant be found guilty of a crime after pleading not guilty by reason of insanity, Gallegos said the jury must then follow a section in the state penal code known as the M’Naghten Rule in order to determine whether the defendant was legally insane at the time of the accused act. Under the rule, a defense of insanity can be found by a judge or jury “only when the accused person proves by a preponderance of the evidence that he or she was incapable of knowing or understanding the nature and quality of his or her act and of distinguishing right from wrong at the time of the commission of the offense.”

Gallegos said both provisions in the M’Naughten Rule must be found by a jury in order for a defendant to be found legally insane.

“The jury is going to judge that based on the evidence presented,” he said.

Gallegos said that there are other possible routes these types of cases can take, such as a resolution being reached before it goes to trial.

“If the evidence is overwhelming that someone was insane, there might be a stipulation on that,” he said. “There are all sorts of possibilities.”
DOLLISON’S DOCKET: The Insanity Defense: Legal Farce or Important Protection for the Mentally Ill? - Allan L. Dollison/Lost Coast Outpost

...Although the standards for a successful NGI plea differ by state to state, most are verbatim or a modified version of what is called the M’Naghten Rule (a nearly 200-year-old rule from England). A recent article in the North Coast Journal actually did not state the right definition of California’s Insanity law. It stated “…the evidence shows the defendant both didn’t understand the “nature and quality of his act” and wasn’t able to distinguish between right and wrong…” However, pursuant to the actual CALCRIM, and other articles on the subject, the standard in California is not for both of those elements. It is actually an “either/or” proposition, not an “and” proposition. Former DA Paul Gallegos also made that same mistake in an article on Bullock in the Times-Standard.

If a defendant can show that he did not understand the nature of his criminal act or did not understand that it was wrong, as a result of a mental disease or defect, then by definition that defendant is legally insane. Also, the defendant has the burden of proof in an insanity trial, but in California it is the lowest civil burden, called “Preponderance of the Evidence,” or more likely than not. A jury must still be unanimous when it rules on this.... KEEP READING

Dollison on the Docket on LOCO features not guilty by insanity and it's impact on Gary Lee Bullock's change of plea
Will Fr. Eric's murderer go for California's Insanity Defense aka the McNaghten rule?

Tuesday, February 17, 2015

Day 1 preliminary hearing for Judson Stiglich

"All I could do is look at my brother's eyes while he was falling" - John Chiv/Words Worth

...Jennifer Robinson is the only eye wtness to the shooting of her brother. She testified that on that evening her brother was angry and that he came to Stiglich's house and threatened to hurt them. She testified that both she and Stiglich had done meth that evening. She testified that initially she told her mom that she shot her brother because she did not want them "to hate Jud" and that they would not believe it was an accident.... KEEP READING

Friday, February 13, 2015

That was fast! Verdict in Brown case...GUILTY 2nd Degree

Chiv scoops:

Verdict in for the Matthew Brown case...stay tuned - John Chiv/Words Worth

It pays to wait around. The jury started deliberating after lunch. They heard closing arguments this morning.

Jury finds Matthew Brown guilty of second degree murder - John Chiv/Words Worth

UPDATES:

Penalties and potential years in prison Matthew Brown could get for shooting Neil Decker - John Chiv/Words Worth
"This is a third world country, wild west in Humboldt County" - John Chiv/Words Worth
"The person who can tell the truth is dead," said Ms. Neel. She was referring to Scott Johnson. It was the defense who questioned HCSO about Johnson's death and who the suspect was and they were tight-lipped.
"So what the heck is all this about? Doesn't matter what I believe, what Mr. Elvine-Kreiss believes, it matters what you believe." - John Chiv/Words Worth
"So what the heck is all this about? Doesn't matter what I believe, what Mr. Elvine-Kreiss believes, it matters what you believe." This is a quote from DDA Kelly Neel's closing, just a couple hours later, Matthew Brown listened in shock as he was convicted of 2nd degree murder for the death of Neil Decker.

Next Bullock court date of February 18 still a go

After the meeting which took place in the Judge's chambers, Mr. Andrew Isaac who is co-prosecuting the case with Ms. Stacey Eads told me, "we are authorized to say next court date is February 18." - John Chiv/Words Worth

Who will the Matthew Brown jury believe?

HCSO denies any connection between Sohum murders despite defense probing - John Chiv/Words Worth

Until last Friday, prosecution witnesses were helping the defense a bit more than the prosecution with their testimony. As the Matthew Brown case concluded Friday, prosecution played two interviews: one which was video-taped right after Matthew Brown was arrested and the second 24 hours later.

In those interviews, the only thing that hurt Matthew Brown was that he denied shooting Neil Decker. Monday through Wednesday morning, the prosecution and defense presented witnesses and Brown's attorney, Mr. Greg Elvine-Kreiss tried to elicit something definitive to build a connection between his client's case and the unsolved murders of Scott Johnson and Garrett Rodriguez. In this post, I am including testimony from when HCSO Sgt. Diana Freese, Investigator Todd Fulton and Detective Jennifer Turner....

So far, no suspect has been identified in the murder of Scott Johnson, the only eye witness, all relevant witnesses agree on was present in the room when Brown shot Decker. When Mr. Elvine-Kreiss tried to question Sgt. Freese about the unsolved murder of Johnson, DDA Kelly Neel objected to this question and the Judge sustained the objection.... KEEP READING

"I was waiting for the day Neil was going to kill me"; Matthew Brown infers who Alderpoint 8 leader was and who they reported to
...Brown said that he was talking to Johnson, he was talking about the welder that Decker stole from Johnson. Anther witness, "Hana" said that Decker (who was upstairs in the office area across the bedroom with "Hana") went in twice in the room and told Brown to mind his own business but Brown said that Decker came in twice and glared at him but he came in a third time and said, "I need to keep his name out of my mouth. and that he was sick of me and that it's over."

Then Brown said Decker reached behind his back (like he had many times before; those time Decker acted like he was reaching for a gun). Given what he had just heard from Decker, Brown was afraid that that was the moment he had been afraid of and that he was going to get killed or shot. "I thought that was the moment."

That is when he shot Decker.

"Did you feel forced to shoot Neil at that moment," asked Mr. Elvine-Kreiss.

"I felt cornered" said Brown. "I had nothing to gain from it."

DDA Luke Brownfield to leave DA's Office

...will be going from prosecution to being a public defender - John Chiv/Words Worth
__________________

(redacted) Best of luck.

Filed under exodus because this is still part of the Gallegos legacy.

Tuesday, February 10, 2015

Updates from John Chiv... busy day...

You'll want to keep checking John's site..."Full court date with Burgess, Brown and Bullock this afternoon. Updates in detail later."

Hearing for change of plea scheduled by defense for Fr. Eric's murder suspect Gary Lee Bullock

A change of plea?

Bullock personally reads not guilty plea by reason of insanity
Judge John Feeney is meeting with attorneys privately tomorrow at 4 in his chambers to discuss this matter further. The private meeting is on the request of Mr. Cockrum. Mr. Issac told Judge Feeney that Mr. Cockrum has now placed "a cascade of administrative responsibilities of your shoulders." Mr. Issac added, "he did have things he wanted to say" he did not oppose the discussion be continued in private chambers. "This will impact jury selection and the trial."

...Bullock in a monotone, emotionless voice read a short script that he was not guilty of the offenses charged. "I believe that I am not guilty of the offenses charged because I was insane at the time...I plead not guilty and deny all allegations."
"Creeper" Burgess evades gang charge but held to answer on other charges after preliminary

Is there a connection between other unsolved murders and the shooting Matthew Brown is charged with? The defense presentS their case - WATCH FOR THE UPDATES

Jason Arreaga double murder trial date set

Fieldbrook double murder trial set for February 23 - John Chiv/Words Worth

Jason Arreaga will be tried for the two murders committed in Fieldbrook. His attorney, Ms. Heidi Holmquist conformed dates. She also requested that Judge John Feeney sign a stipulation that the DOJ turn over evidence to a defense expert.
__________________

Go GREEN, baby!!


2009 zenn electric car - $5000 (mckinleyville)

On Craigslist: clean fully electric car 3200 miles does 40mph a nd has 35 mile range requires 4to8hrs charge reviews say it cost 3cents per mile on pge electric car non tier billing no penalties catch on growers cheap night time bill no penalties get your electric car now one guys bill dropped from 4800 per month to 1800 by changing to car rates. charges on 120v household current anywhere there is a cord
__________________

In other words, an electric car loophole to get cheap electricity for your grow house? Is this a thing?

Doesn't look like he drives it much. What a deal.

Saturday, February 07, 2015

John Chiv: Murder Mountain Homicide Day 4

Neil Decker died of "a single, shotgun wound to the chest" and "his blood was positive for meth"

Day 4 of the murder trial in which Matthew Brown is charged with murder of Neil Decker continued with testimony from HCSO Sgt. Diana Freese. She had started her testimony on Thursday, February 5, briefly before court adjourned at noon. She resumed her testimony yesterday morning. It was brief again and interrupted because Dr. Mark Super, an out of county forensic pathologist, gave his testimony. KEEP READING

"I didn't know I was going to Murder Mountain"; initially Brown denied shooting Decker; says Sheriff deputies saved his life; "I was scared as fuck"

The jury got to see two interviews conducted with Matthew Brown, the murder suspect in the murder of Neil Decker. The first one was done when he was taken into custody on July 23, 2014, five days after the incident. The second one was 24 hours later.

Brown has a full head of hair now but in that interview he is dressed in orange and has a shaved head like his booking photo. Sgt. Diana Freese and Detective Sam Williams interviewed him and it starts with them offering him food, which he scarfs down and thanks them profusely a few times. He had been on the run, hiding in the woods before he was taken into custody. Most of the questioning is done by Detective Williams.... KEEP READING

John Chiv: Murder Mountain Homicide Day 3

"I know some of the things are not to be talked about in the community"

If you have been following the saga of the Rancho Sequoia murder on this blog, in day 3 of the trial for suspect Matthew Brown who is charged with the murder of Neil Decker, testimony continues to lean towards the defense opening arguments. Except for HCSO Sgt. Diana Freese who briefly started her testimony today, and Johanna Hames who testified the last two days, most prosecution witnesses and their testimony so far have helped the defense more than the People....

Today's hearing started off with Scott Johnson's and Neil Decker's friend and Brown's ex-girlfriend Williams ( also known as Kessler) finishing her testimony. Mr. Elvine-Kreiss resumed questioning her. She said "everyone had guns", even people who she didn't recognize but came to Johnson's property on and off.

"Are you in fear of answers you are giving?, asked Mr. Elvine-Kreiss.

"I know some of the things are not to be talked about in the community," Williams responded.... KEEP READING

"He came home and he was really scared; he didn't know what to do; that he just came at him and he had to defend himself"

The quote in the title is from Sarie Stillwell, the young woman Brown started seeing after Williams.
Williams was 11 years older than Brown, Stillwell is 6 years younger. By her own testimony, Williams said she was not in love with Brown. However, she broke up with Brown after learning he had started seeing Stillwell, something he told her. By by her own testimony, Williams had a relationship of convenience with Brown. Stillwell is younger and more attractive compared to Williams. Both women testified that they think of Brown as a friend but both reveal feelings for him from the actions and words on the stand . Stillwell wore her feelings very openly on her sleeve while testifying.

Friday, February 06, 2015

John Chiv: Murder Mountain homicide Day 2

Day 2: Key Prosecution witness in Brown case decimated on cross by defense
It is only the second day of the jury trial in the Matthew Brown case. Today, Scott Johnson's girlfriend, Johanna Hames continued her testimony. She was upstairs in an office near the bedroom where Neil Decker was shot.

Mr. Greg Elvine-Kreiss decimated her on cross. Confronting her with inconsistencies in testimony between what she told the pilice and now; making her back pedal when she changed what she said in direct and cross within minutes this morning, her testimony today proved the defense's opening argument.

DDA Neel did a brief redirect which did not help because Hames dug a ditch with her own testimony.
Ms. Neel clearly asked her, "You have taken an oath to tell the truth here today?" and Hames said "yes" and about relevance to which Mr. Elvine-Kreiss asked on re-cross. "So you only tell the truth when it is relevant?" KEEP READING
"Be careful what you say about the Alderpoint 8, media is here... John Chiv is here"
Channel 3 is the only other media present but Decker's family was oblivious to their presence since no cameras are allowed. One of these family members is the same woman who was ejected from the courtroom the first day.
Matthew Brown's ex-gf confirms victim called him "bitch boy" and provoked him into fight
Prosecution's third witness today was Matthew Brown's ex-girlfriend Kara Williams, also known as Kara Kessler.

A conflicted witness, she briefly smiled at Brown. DDA Kelly Neel asked her, "Are you stressed?" She responded with, "I am feeling a lot of things."

Williams cried as she was shown a picture of Scott Johnson, the man who died 4 days after Brown allegedly shot Neil Decker, the victim in this case. She cried every time his name was mentioned this morning.... KEEP READING