Friday, September 29, 2006

Just imagine...

"Numerous requests for comment on the original story were made to Gallegos, whose campaign received the contribution. Messages were left at his direct office phone line, at the general phone line at the DA’s Office, at his cell phone number and at his e-mail address. Instead of answering specific questions forwarded to him by e-mail after he declined to speak directly, Gallegos sent an e-mail message that stated only the following: “This office operates without fear or favor.”"

Imagine if Frank Jager or Chief Douglas had responded this way to questions about the Cheri Moore tragedy.

What would have happened? shouldn't Paul Gallegos be held to the same standard?

Today: Questions Remain

Questions remain in DA's handling of Bowman charges
Bear River official discusses financial contributions from tribe

The Fox Guarding the Henhouse?

Any complaint against a tribal gaming operation must first be reported to the tribal gaming commission. The contact information for the gaming commission is:

Michael Acosta
Executive Director
Bear River Band of the Rohnerville Rancheria
27 Bear River Drive
Loleta, CA 95551
707-733-9858

Looks like another recusal is in order.

Wednesday, September 27, 2006

Did Kay Rackauckas TELL THE TRUTH?

That name, Kay Rackauckas. It has a familiar ring to it.
(see post below CRITICIZING THE DA)

Why?

The lovely Kay Rackauckas weighed in on our recent election. In this letter to the Editor the "missing" wife who was "vacationing in Trinidad" (visiting Salzman? one might ask.) stated that Paul Gallegos had "devoted the lion’s share of his resources to staffing this (CAST) position" BECAUSE "Mr. Gallegos has one prosecutor assigned to this position at all times. Before Mr. Gallegos’ tenure, the previous District Attorney had two part-time deputy district attorneys assigned to it."

"Orange County," she claimed, "which has one of the finest CAST programs in the nation, also has just one deputy district attorney assigned to the CAST position — in a county of over three million people."

Just one. Kay? Really? Wow.

Then she says "Mr. Gallegos is obviously devoted to vigorous prosecution of child molestation cases, and is devoting major resources to the task. Because of his dedication and effectiveness in prosecuting child molesters, my husband and I wholeheartedly endorse him for re-election." Now there's an endorsement that should count.

The truth?

Kay Rackauckas lied thru her teeth in that letter to the editor. That office has 26 dda's that handle child abuse cases. It has 1 dda that conducts interviews.

Christine Smith, MSW, Program Manager
Child Abuse Services Team (CAST) Bld#140
1337 Braden Court, Orange, Ca 92863

There are 15 sexual assault DA's and 10 Physical abuse DA's. CAST has 1 DA assigned full time to observe every CAST Interview. CAST is primarily for sexual abuse cases; however it is occasionally used for severe physical abuse and witness to a crime.

This didn't make the paper.

Update: Related information:
[PDF] OC Grand Jury Report
OFFICE OF THE DISTRICT ATTORNEY
File Format: PDF/Adobe Acrobat - View as HTML
aware that his wife, Kay Rackauckas, a deputy district attorney, ... Kay Rackauckas in turn would discuss District Attorney Office matters with the senior ...
www.ocgrandjury.org/pdfs/dainvestigation.pdf

CRITICIZING THE DA

Local bloggers had the Talking Points early on - attack the messenger. Forget about Paul, say it is just the Eureka Reporter out to get Paul. It's just Arkley using his paper to get Paul. Yeah, that's it.

I wonder what they would say about the the OCWeekly's criticism of Orange County DA Tony Rackauckas, and his wife Kay Rackauckas.

The OCWeekly factually reported on The Orange County grand jury’s 100-page "Office of the District Attorney: An In-Depth Investigation" report that " accused DA Tony Rackauckas and Don Blankenship, the head of his criminal-investigation division, of cronyism, mismanagement and misuse of public resources." DA Puts ‘Pub’ Back in Public Funds!

Or this one: Missing Wives, Lousy Lies & Mob Ties Exhaustive grand-jury investigation confirms DA corruption noting that "On June 26, the Orange County grand jury rocked the local legal establishment when it declared that Rackauckas routinely abuses his awesome prosecutorial powers to protect friends and punish perceived enemies. According to the grand jury’s fact-filled, 100-page report, "Office of the District Attorney: An in-depth investigation," the DA is Nixonian in the darkest sense of the word: paranoid, petty, partisan, secretive, retaliatory and arrogant. And though this was a civil proceding, it’s easy to conclude that the jury’s findings demand a criminal investigation."..."

Or this "Rackauckas had no experience handling consumer-fraud prosecutions, but that didn’t stop him from rescuing Newport Beach billionaire George Argyros in his struggle with the DA’s prosecutors. Without explanation, Rackauckas met privately with Argyros’ attorneys and then overruled his staff’s position that his political benefactor had personally directed the massive fraud scheme against approximately 11,000 local Vietnamese and Latino apartment tenants. The shakedown allegedly netted Argyros more than $33 million during a three-year period. The grand jury ruled that the DA had "not paid proper attention to a possible appearance of impropriety" in the matter and should not have been privately negotiating with his powerful friend."

Or this: "Initially embarrassed by the report, Rackauckas’ arrogance and claims of invincibility seem to grow each passing day. In a June 27 memo to staff, the DA was upbeat, confident and "proud of this administration’s accomplishments."

Meanwhile, there are sure to be dedicated, law-abiding local prosecutors who are biting their tongues and have yet to come forward in public about Rackauckas’ abuse of authority. We know because the grand jury also issued an ominous warning: "Of great concern to the grand jury were those deputy district attorneys and even members of the [DA’s] management team that expressed fear of retaliation should the confidentiality of their testimony be violated."

Alarms should go off when good prosecutors fear their own boss."

Gee, it sounds so familiar.

"Alarms should go off when good prosecutors fear their own boss."

A mass exodus from that office similar to the one we have here.

Should the OCWeekly NOT have reported on any of this?

JUST CURIOUS.

Update: Related information:
[PDF] OC Grand Jury Report
OFFICE OF THE DISTRICT ATTORNEY
File Format: PDF/Adobe Acrobat - View as HTML
aware that his wife, Kay Rackauckas, a deputy district attorney, ... Kay Rackauckas in turn would discuss District Attorney Office matters with the senior ...
www.ocgrandjury.org/pdfs/dainvestigation.pdf

Gallegos Spin Doctors In Action...

You knew it was coming. And you knew it would be in the Times Standard. link

And in the Eureka Reporter, Cardoza's letter and an editorial commentary

Now you are supposed to believe that Max Cardoza routinely gathers up and dismisses NINE felonies in one fell swoop without any input from either District Attorney Paul Gallegos or Assistant District Attorney Wes Keat.

I'm not sure which is worse, it being because of a bribe, or it being a matter of course.

Regardless, if this were the case, Gallegos would have said he had nothing to do with it when first contacted, would have said that he recused himself, and the matter would have been ended. Doesn't add up.

Apparently there is a letter recusing Paul from the Bowman case, put in the file (not the court file) AFTER the fact, on July 24th (the dismissals all happened on July 19th.) Doesn't add up. Or maybe it does.

You're still left with $11,100 and a publicity stunt given to Paul Gallegos, and Bowman getting out from under all charges against him, free to return to his job as Bear River Casino surveillance (security).

That's Paul Gallegos making our communites safer.

Sorry, I am not buying it.

UPDATE: 11/18/2006
Related stories:
ER - Bear River members seek chairperson's recall
ER - Gallegos sidesteps questions about possible conflict of interest in Bowman charges
ER - Questions without answers hinder our newsgathering
ER - Bowman story not accurate
ER - Contribution made because Gallegos was the better of the two
ER - Questions remain in DA's handling of Bowman charges
ER - Bear River official discusses financial contributions from tribe
ER - Tribe's contribution to DA's campaign was made by the Tribal Council, not Bowman
ER - Gallegos is 'public servant,' not Legal Spiegel
ER - It's telling that Gallegos witch hunt didn't start until firing of Dikeman
ER - Writer appreciates editor's note that identifies writers
ER - Residents deserve answers to questions asked of DA's Office
ER - Bitter? You bet!
TS - Donations not improper, says Bear River Band
TS - DA's office: State OK'd handling of plea deal

Tuesday, September 26, 2006

So, what DOES donating 10 Grand to Paul Gallegos get you?


Source

"Nine felonies and a handful of misdemeanor charges... ...dismissed or suspended sentence on all of them in a single day."

full story here

It's tempting to make jokes like - If Debi August had only known, she could've saved $150,000 in legal fees - or Gallegos is cutting out the middle man, his defense attorney buddies aren't going to be too happy - but there is nothing funny about this.

Paul Galleogs should be disbarred. He should resign immediately.

UPDATE: 11/18/2006
Related stories:
ER - Bear River members seek chairperson's recall
ER - Gallegos sidesteps questions about possible conflict of interest in Bowman charges
ER - Questions without answers hinder our newsgathering
ER - Bowman story not accurate
ER - Contribution made because Gallegos was the better of the two
ER - Questions remain in DA's handling of Bowman charges
ER - Bear River official discusses financial contributions from tribe
ER - Tribe's contribution to DA's campaign was made by the Tribal Council, not Bowman
ER - Gallegos is 'public servant,' not Legal Spiegel
ER - It's telling that Gallegos witch hunt didn't start until firing of Dikeman
ER - Writer appreciates editor's note that identifies writers
ER - Residents deserve answers to questions asked of DA's Office
ER - Bitter? You bet!
TS - Donations not improper, says Bear River Band
TS - DA's office: State OK'd handling of plea deal

Sunday, September 24, 2006

What happened to Local Solutions?

Since the links to Salzman and Twombly were posted some time ago, Local Solutions and Twombly claim to have split up.

Is losing Salzman's Communications Director the reason Local Solutions isn't sending out e-mails through the listserve?

All of a sudden the e-mails are coming from Salzman's "Redwood Progressive."

Richard's Empire has shrunk considerably. Can it be that no one wants to be associated with him? Or have they just morphed into something new that has yet to surface? It's now just Richard and the aeb.

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Quite a change from the previous list (see previous posts):
Salzman's Empire
http://watchpaul.blogspot.com/2006/08/salzmans-empire.html
Two New Aliases for Richard "R Trent" Salzman
http://watchpaul.blogspot.com/2006/09/two-new-aliases-for-richard-r-trent_06.html
It's in the Headers
http://watchpaul.blogspot.com/2006/09/its-in-headers.html

What are they trying to hide? Why can't they be straight with the voters they seek to influence?

***
switched again:
No longer alliance@oxide - now it is < alliance@maia.site5.com >
mta1__.mail.mud.yahoo.com from=inreach.com
Received: from 216.118.97.186
Received: from alliance by maia.site5.com

Site5 Internet Solutions NETBLK-NET-D8766180-25
231 Market Place
Suite 180
San Ramon CA 94583
___________________
UPDATE:
Open Letter from "Local Solutions"
"Local Solutions" sham
No connection?
Any doubt what "Local Solutions" agenda is?
For more of the story click on the labels below.
__________________
Note: Personal email addresses, home addresses and phone numbers have been either altered (so spam crawlers won't harvest them) or replaced with the words 'address' and 'phone' - business or organizational addresses remain intact.

Friday, September 22, 2006

Did you think it was just campaign rhetoric?

People got real upset about the dog abuse case. As well they should. To hear about the horrific fate Bugenig's dogs suffered in Trinity County was bad enough. But to learn that people in Humbodt County had come forward and tried to get Paul Gallegos to stop the abuse long before it moved to Trinity County was truly shocking. He said there was nothing he could do. "In the interests of Justice."

But no one got upset about the revelations regarding CAST. No response to an equally horrific decline in child abuse prosecutions.



Why? Did you think it was just election rhetoric?

Why didn't the Times Standard follow up on that story, which was backed up by statistics. Backed up by professionals, people who worked for and with CAST. People like Gillian Wadsworth, Melissa Arnold and Allison Jackson. People who did have the courage to speak out.

Didn't the voters deserve to hear about it? People want to be informed.

CAST is a multidisciplinary team, it requires the DA's office working closely with law enforcement, being in on an investigation from the beginning, to insure that proper evidence is gathered, and that it is gathered properly and professionally, that interviews are properly conducted. When that working relationship breaks down, the system doesn't work.

Why don't the people care about the kids?

One thing that never made the paper was that during the campaign, the Dikeman campaign was approached by kids who were begging to star in ads. They wanted to say that they were ready, willing and able to testify against their abusers, and Paul Gallegos told them he "couldn't do anything." They wanted to ask him "WHY?"

Obviously they couldn't be used in the ads. That is a boundary which can't be crossed. The repercussions they did not anticipate were far too serious, the ways in which it wouild affect them, at school, and with friends and family far too longreaching. It was out of the question.

But re-electing Gallegos sent a very clear message to those kids. They had to go back to their abuser with no hope that the people who should help them would do so.

It's a tragedy.

And reading James Faulk's Bully Pulpit in which he reveals his disdain for any claims made during the election season, I suspect he just thought it was too unimportant for him to pick up the phone and interview any of the people who had the courage to speak out. To get copies of the statistics, to actually understand what they meant, to consider the possibility that there was something seriously wrong. Or maybe it just wasn't "funny" enough.

Now, as Gallegos removes Maggie Flemming from child abuse prosecution, the only seasoned prosecutor left with experience prosecuting child abusers and working with CAST, the one everyone agrees is one of the finest prosecutors in the office, and turning it over to a man who has only taken one case to trial in the year he has been here (and that one resulted in a hung jury), to a man who has plea bargained away a rape case where the guys tied a woman to a tree for days - it's simply unfathomable.

This time, I blame James Faulk and the editors at the Times Standard. You had a responsibility to at least look into the report. It wasn't campaign rhetoric. It isn't now. The election is over. The problem still exists, and it is getting worse.

I want you to imagine what is being done to the kids - the child abuse victims - tonight.

An Utter Lack of Vision

"Some people, and this may sound sick to you or I, but some people actually molest out of different feelings, some times out of feelings of love.”

In an interview with the Eureka Reporter, Gallegos seeks to explain the decline in the prosecution of child abusers...

His rambling answers run the gamut:

""When asked about declining prosecution rates earlier this week, Gallegos said, “As for a decline in prosecutions, if there are declining prosecutions, that’s because there are declining cases. If there are declining cases, we have certainly looked into that."

“... We broke it down and looked at the numbers and saw that where the decrease has been is in the stranger offenders,” he said. “So the next question is why, and we don’t have a good answer for that yet. The theory in my head, even though we don’t have enough data yet, but it’s probably public education and education of parents.

“It may have a certain amount to do with Jessica’s Law, to do with notification. A certain amount is probably the general neurosis or fear in society about law officers because they get so much air time because people are less certain about the safety of their kids these days.

“My suspicion,” he continued, “even though we don’t have enough data, is that there is self-policing activity on the part of individuals that is probably reducing the stranger (cases). Most of your repeat offenders are your stranger offenders. … The data that we get, that we see is that most familiar offenders — those are the people less likely to re-offend — there is a whole dynamic involved in that, but it’s the stranger (on child) that is the most recidivistic. … Some people, and this may sound sick to you or I, but some people actually molest out of different feelings, some times out of feelings of love.”

His rambling comments were also heard on KINS Talk Shop where he opined that much child abuse is the "intrafamilial offender" and that they "don't tend to be re-offenders."

That must be reassuring to the siblings of abuse victims.

The Eureka Reporter article stated that "Based upon documentation obtained by The Eureka Reporter, the number of cases being referred to CAST from law enforcement agencies has not dramatically dropped off, but the number of cases accepted by the DA’s Office and the number of cases filed by the office have seen dramatic declines.

For example, based upon the documents’ first-quarter figures for 2006, there were four cases accepted by the DA’s Office — gleaned from 40 CAST interviews. Of those four cases, one was filed, two cases were rejected and one case has been received and was pending a filing decision at the end of the first quarter"

"“The decline in (child abuse) cases filed can be attributed to Paul’s lack of leadership and expertise,” (Allison) Jackson said. “This is not the attorneys; this is Paul. It is Paul’s utter lack of vision.”

"“Something is happening at the center and something is happening in the DA’s Office,” she said. “There is a huge problem here. This looks like an utter system breakdown — irrespective of the fact that you have great people, and they are some of the most fantastic people I’ve ever met who work in this field.”

“When you have 40 interviews going in (through the first three months of this year), and you extrapolate that out for the year, you are looking at about the same number of cases (being brought in by law enforcement), but you sure don’t have the same number coming out and the same number filed. Paul runs the program and he runs that office in name only.

“This all comes back to priorities. It’s not just incompetence, but it’s also an utter lack of priorities. These statistics are directly attributable solely and absolutely to Paul Gallegos. They are not attributable to anyone else. … This program used to work. ... These children aren’t slipping through the cracks. These children have been marched up to the Grand Canyon and kicked off. There is a huge difference when you only have one case that is prosecutable (through the first three months of this year).”

Read:
ER - Former deputy DA speaks out
Be sure to look at the statistics chart
ER - Candidates spar over child abuse team
ER - DA's Office yet to respond to request for child abuse records
ER - CAST established with child victims in mind
ER - CAST needs support Gallegos is not providing

GET OUT OF JAIL FREE card for Child Abusers - Gallegos puts Jeffrey "yougofree.com" Schwartz in charge of CAST

Paul Gallegos has just put Jeffrey "yougofree.com" Schwartz in charge of the Child Abuse Services Team (CAST).

It's a great day for child molesters.

Wonder what Maggie Fleming did?

Prosecutor assigned to Child Abuse Services Team

"Yougofree is a candidate for Arcata City Council
http://jeff4citycouncil.blogspot.com/
Be sure to ask him what he plans to do with all the meth dealers and addicts, ask him about plea bargaining the Whitethorn rapists, ask him how many cases he has taken to trial since he moved here... if yougofree.com Schwartz wants to help Arcata, he should start by doing his job.

Wednesday, September 20, 2006

Something to consider

"As Humboldt’s progressive community looks ahead, Salzman and other campaign leaders are fleshing out a Humboldt-specific strategy for sustainable economic development and crime prevention—the intellectual ground on which Gallegos and other politicians can stand to articulate a new politics grounded in old values."

That is how Michael Shellenberger characterizes Richard Salzman, Ken Miller and Local Solutions' plan for Humboldt County.

Really, Michael? Sustainable economic development? Meaning what?

Crime prevention? Oh that is funny, given that Paul Gallegos' top hire, Tim Stoen only handled two cases, politically motivated cases, and lost them both. Even funnier, considering he was replaced with Jeffrey 'yougofree.com' Schwartz who has tried one case int he year that he has been here, and that one resulted in a hung jury - the rest have all been plea bargained away - including the Whitethorn rape case. Not so funny when you realize what a piss poor job Paul Gallegos is doing as D.A.

And as for the "intellectual ground" and "old values," I'd like to know where lying to reporters, to the public, and plagiarism come in.

As Salzman seeks to influence Eureka City Council and County Supervisor elections, voters need to consider what the future holds if you hand the power over to him and his cohorts.

Speaking out!

Thanks to all who have emailed with thoughts for Worth Dikeman. All have expressed universal sadness at the tremendous loss caused by his firing.

He was the glue that held the office together in the last four difficult years, the one who people went to went they needed advice, had legal questions, or were wrestling with a difficult case. His eternal optimism, sense of humor and exceptional moral character will be sadly missed.

This blog is a safe place for you to post comments, anonymously or not. Share your stories and feelings.

It is also a safe place to reveal the problems, and the truth about Paul Gallegos.

Much of what has gone on has been allowed to go on because too many stood silent - out of fear, mostly.

I encourage you to speak out. Here, and to the editors of the North Coast Journal, Eureka Reporter, McKinleyville Press, and the Arcata Eye.

Post here or email watchpaul.blogspot@hotmail.com.

Friday, September 15, 2006

God help the people in the Humboldt County D.A.'s office

Paul Gallegos has fired Worth Dikeman.

God help the people in the D.A.'s office and God help the people of Humboldt County.

Thursday, September 14, 2006

Salzman's Dirty Tricks Department

From the time I met him, Richard Salzman was cultivating the tribal people in Humboldt County.

He was very concerned about placing ads in a Hoopa Valley paper.

With limited ad dollars, the only sensible choice was to stick with the major papers. The notion that Native Americans only read the tribal papers, it seemed to me was rather denigrating, like people who ask how to reach 'people in McKinleyville.' (The answer is, the same way you reach people that live in Eureka, they're not some strange alien race, they're people just like you.)

I always wondered what it was that made him so insistent. It always struck an odd note. And, in retrospect, everything that struck an odd note turned out to be significant.

During the Recall, he used a Tribal Judge in his ad campaign.

When Local Solutions started making overtures to the tribes on their website, again, it rang an odd note.

People said "it has to be the money." The tribes have money. Yeah, well, that does seem to have been proven true with the huge donations to Gallegos' campaign.

But more than that, Salzman's cynical use of the Native American people to further his political goals crosses into other territory.

You saw it when non Native American wife of a Bear River Tribe member, Ellie Bowman staged what is called an "event" in activist circles. Something to get the headlines. She stood on the courthouse steps and called Worth Dikeman a racist - and that is what the public heard.

Apparently they didn't hear this:

Worth Dikeman successfully prosecuted Ellie Bowman's son, Jeff Bowman, for murder.

Bowman went to prison for 25 years to life for the murder of a Trinidad Rancheria Tribe Member named Julius Aubrey.

But what Bowman was referring to was not her son's case, completely unrelated, it was another case, involving the conviction of Richard Kesser who had been found guilty of murder in the death of his estranged wife.

Throughout his series of appeals, his criminal defense attorney alleged that Worth Dikeman dismissed Native American jurors on the basis of race.

Four times the courts had found that Dikeman acted properly and without racial animus. The Humboldt County Superior Court found that he acted properly. The California Court of Appeal for the First District found he acted properly. The California Supreme Court refused to hear the matter based upon the Court of Appeal's ruling. The United States District Court for the Northern District of California found that Mr. Dikeman acted properly and the Ninth Circuit Court of Appeals found that he acted properly.

That is to say, the majority opinion found in Worth Dikeman's favor. It is not to say there wasn't a dissenting opinion. Nonetheless, these decisions were reached on the basis of Dikeman's notes and the fact that he had other reasons for excluding those and other jurors.

Now the 9th Circuit Court of Appeals has reversed the earlier 9th Circuit Court in a 6-5 decision and Kesser may be granted a new trial.

The allegation revolves around what is known as a Wheeler motion. A Wheeler motion is a motion brought during jury selection when the opposing side claims that the other attorney has violated the Constitution by challenging jurors based on race, gender, religious or other constitutionally protected characteristics.

In fact, only one attorney in the history of Humboldt County had ever had a Wheeler Motion granted against him.

Paul Gallegos.

In People v. Mika Myers, case # CR972919, Judge John Feeney found Paul Gallegos GUILTY of using peremptory challenges to dismiss prospective jurors based upon their race.

***
Salzman's Dirty Tricks Department is very effective, and of course the standard denials were issued, nope, not involved, no, didn't have anything to do with it. Believe it if you like. I, for one, do not. And I feel sorry for the tribes who have been so cynically used.

Related stories
WEB OF LIES Richard Salzman and other e-mail phonies
An apology
Second news release countering racism allegations issued
A systematic analysis of the two DA candidates dispels any uncertainty

Wednesday, September 13, 2006

PLAGIARISM Policies and Regulations

District Attorney Paul Gallegos, Law degree from the University of La Verne in 1991 ...

The University of La Verne
2 0 0 5 - 2 0 0 6 COURSE C ATA L O G
Pg 34

Policies and Regulations
Plagiarism – Plagiarism is prohibited conduct and subject to sanctions, which may include suspension or expulsion. Plagiarism is defined as representing, expressly or implicitly, the work of another to be one’s own. Plagiarism includes, but is not limited to, using the words of another without proper attribution, paraphrasing the words of another without proper attribution or using the ideas of another without proper attribution. Lack of knowledge of what constitutes plagiarism shall not be a defense to a charge of plagiarism.

http://www.eurekareporter.com/ArticleDisplay.aspx?ArticleID=14776
WHOSE WORD WAS 'MY WORD'?
http://www.eurekareporter.com/ArticleDisplay.aspx?ArticleID=14776
A second Gallegos column raises questions about attribution
http://www.eurekareporter.com/ArticleDisplay.aspx?ArticleID=14840
District Attorney Paul Gallegos comments on attribution flap

http://www.eurekareporter.com/ArticleDisplay.aspx?ArticleID=14929
People insist on making connections that don't exist for personal gain
(Yes Jamie got the talking points and dutifully wrote a letter that sounds eerily like Joan Dunning's. This was obviously written BEFORE the plagiarism came to light. Wonder what Jamie has to say now?)

Earth First! is begging for money

Cash strapped Earth First! is begging for money to order more T-shirts (which Shunka sells on ebay).

In an email, Shunka Wakan says "if just 100 people, out of the billions of people on this Earth, could commit to donating just $10 per month to North Coast Earth First!, our campaign would be rockin'! We are currently on the severe shoestring budget, and barely have enough to cover the basic costs of operations. With even 50 people participating, at least our basic monthly expenses (office rent, pagers, phones, storage, etc.) would be covered. With 100 people, though, we would have enough of an excess to be able to throw benefits, order t-shirts, and spend more of our time doing outreach and actions, rather than having to fundraise so much just to keep the boat afloat. I've tried to come up with the easiest, most low- impact way for a lot of people to get involved in the campaign to save some of the last Old Growth Redwoods and Douglas Fir trees left on Earth. I know that times are tough for many people, and the cost of living just keeps rising; please help North Coast Earth First! survive these very challenging times as well. Earth First!"

Too bad, Shunka, all the money has been poured into keeping Gallegos in office.

Darryl Cherney was right.

"Even if we win the recall, we will have still spent all of our environmental and political capital."

Evaluating the D.A. recall
Activist, attorney, officials offer varying and surprising views
From the McKinleyville Press (2004)
By Daniel Mintz Press Staff Writer

Monday, September 11, 2006

Sixty grand for 6 months

Michael Shellenberger, who after the Recall took to calling himself Gallegos' "lead campaign consultant", contracted with Venezuela's Hugo Chavez for $60,000 plus expenses for a public relations blitz. This establishes the value of Shellenberger's service.

Chavez was facing a Recall, and after his success with Gallegos, Shellenberger touted himself as an expert in saving people from Recall. Chavez apparently hired Shellenberger to get him some positive press in the US Media.

What's the point? The point is that Paul Gallegos was no David against the Goliath Palco. Shellenberger was a Goliath in his own right, and the forces allied against Palco were never revealed to you, the voting public. It's time you knew.

Exhibit B (in handwriting) - on Lumina Strategies letterhead.... spells out the kinds of services he provides...

Venezuela Communications Proposal
May 19, 2004

TO: Deborah James, Executive Director VIO
FR: Michael Shellenberger, Lumina Strategies

Summary

I am proposing to work intensively with the VIO on strategy and media relations for six months starting on June 1. In November we would review our work together and decide whether to proceed beyond that. I am proposing six months because I believe it is the minimum amount of time that will be needed to evaluate the effectiveness of our effort to referame the debate.

The services I am proposing can be divided into two categories: strategic and media relations.

1. On the strategic counsel side, I recommend you use me for regular strategy calls, coordination with lobbying, trips to Caracas, overseeing advertising, polling, specific exchanges, Internet activism and other projects.

2. On the media relation side. I recommend you use me to pitch stories proactively, gently correct wrong stories, work with Andres and the Ambassador on the U.S. tour and editorial board approach, and coordinate announcements coming out of Caracas. There is, inevitably, some ambiguity about my role that won't be clarified until we start working together and until you bring on new staff.

II ACTIVITIES and DELIVERABLES

1. Oversee media relations.
1. Respond to breaking news.
b. Develop and oversee media strategy relating to reparo and referendum process.
c. Travel to Venezuela for reparo.
d. Work with Caracas staff and others to get stories out.

2. Participate on regular strategy calls.
3. Travel to Venezuela up to once a month.
4. Write and work to place op-eds.
5. Work with Embassy and VIO to organize U.S. tour.

- Speeches. editorial board visits, and think-tank visits to New York, Chicago, Miami, Dallas, Houston, Ft. Worth, San Diego, L.A., and San Francisco in late May, before reparo
- Help arrange and attend meetings
Help prepare Ambassador

6. Internet Activism

The budget for this work would be $60,000, not including out of pocket expenses.

###
****
What is reparo?
Carl Meacham explained the basic process of the reparo (repair) process that occurred May 26-30. The process, aimed at acquiring enough signatures from registered voters to call a plebiscite on the Chavez government in the hopes of removing him from office, involved revalidating 1.2 million signatures collected by the opposition.

Sunday, September 10, 2006

It's about POWER

Here's Ken Miller, in his own words:

AEB Humboldt
Previous Message All Messages Next Message
Re: No big money in local elections
Ken Miller

Nov 14, 2003 11:57 PST

When we awaken to the potential for determining our destiny, and
start fielding strong candidates aggressively, we can increase voter
participation. The anti-recall campaign IS just such an organizing
opportunity to develop an electoral constituency, a machine, if you
will, to get our perspective into the power structure.

Ken

********
Read more:
http://watchpaul.blogspot.com/2006/04/untold-stories-what-was-ken-millers.html
http://watchpaul.blogspot.com/2006/08/more-on-agenda.html
http://watchpaul.blogspot.com/2006/08/aebs-agenda.html
http://watchpaul.blogspot.com/2006/08/seeking-more-outside-funding.html
http://watchpaul.blogspot.com/2006/08/michael-shellenberger-and-ken-miller.html

Shellenberger and Hugo Chavez

What does it cost to hire Michael Shellenberger?
$60.000 not including out of pocket expenses. (see below)

How much has it cost for him to be on the ground on and off here in Humbodt County since at least 1997?

To work extensively with Richard Salzman on the formation of the so-called "Alliance for Ethical Business" and throughout the Recall, working to get national publicity for Paul Gallegos, to the point of moving his family up here for the final weeks of the Recall election?

And where is all that on Gallegos' financial campaign disclosure?

Was it all run through the so-called "Alliance for Ethical Business"?

Questions that need to be answered.

***
Venezuela’s Information Office hires Michael Shellenberger
By Aleksander Boyd

London 22 June 2004 – Information about the Venezuelan Information Office (VIO) continues to arrive. Today I have received a message from the Foreign Agent Registration Unit whereby details of the latest lobbyist in the payroll of Hugo Chavez are disclosed. On May 20, 2004 Lumina Strategies filled a short-form registration on behalf of the VIO for Mr Michael Shellenberger. The budget for his work will be $60.000 not including out of pocket expenses.

This is what I found about Lumina Strategies; “is a consulting and communication firm working in the public interest. We seek to harness the immense power of the marketplace to advance human equality and protect the environment.” Its mission is cited “to help foundations, NGOs and corporations save the environment, grow the economy, and improve the quality of life for people worldwide through campaigns that change policies, transform attitudes, and shift markets.” It does not strike me as the kind of venture that would get dirty defending the indefensible, pardon me, Hugo Chavez’ revolution that is.

According to Lumina’s web site “Michael Shellenberger is a media and communications consultant to nonprofits, foundations and businesses. Michael was the co-founder and Executive Director of Communication Works, the largest public interest PR firm in California. In 2001 Communication Works merged with Fenton Communications where Michael served as Western Division Director and Chief Operating Officer. His recent clients include the National Mental Health Foundation, the Ford Foundation, Robert Wood Johnson Foundation's Urban Health Initiative, and the Goldman Fund.” Schellenberger is also Executive Director of The Breakthrough Institute, an organization advancing bold solutions that strengthen progressive values.” He is quoted as consultant for the Business Ethics Network “a think tank focused on business and economic issues.” And the icing on the cake is Schellenberger’s advocacy for a foreign-oil independent America, as founder of the Apollo Alliance. I would like to encourage readers to visit the Ten Point Plan proposed by the said alliance. In September 2003 he penned, in collaboration with Ross Gelbspan, an article titled “Getting Tough On Oil.” One of his concerns is:

“how do we move toward oil independence without increasing unemployment in the Middle East -- and exacerbating the conditions that breed terrorism? To answer this question the president's critics must go beyond the rhetoric of energy patriotism and independence. They should explain that the oil economy never has been good for ordinary people in the Middle East because it concentrates wealth and power in the hands of a few ultra-rich families while fueling religious extremism and violence.”

I’m I getting paranoiac here? So the oil economy has never been good for ordinary people in the Middle East, nor has it been for ordinary Venezuelans whose oil wealth has been concentrated in the hands of few, yet new comer, mega-rich Hugo Chavez fuels his extremism and violence with oil money that belongs to all of us and that’s fine? What is the source of Shellenberger’s salary if not oil money that could have been used to benefit ordinary people?

The article continues:

What's needed is not energy isolationism but rather a Clean Energy Partnership, one that brings together the United States and Europe to help the oil producing nations of the Middle East make the transition to hydrogen, solar and wind. This Clean Energy Partnership would, like the post-World War II Marshall Plan in Europe and Japan, promote both political democracy and economic development.

The United States and Europe helping oil producing nations to make the transition to hydrogen, solar and wind? Who has an energy deficit here? Is it Saudi Arabia, or Venezuela? Nigeria perhaps? That paragraph encapsulates, rather grossly, an evident and condescending imperialist message. How are developing nations to become industrialised with hydrogen, solar and wind solutions? Will we power our industries with methane coming out from Shellenberger’s mouth? Is there not an obvious conflict of interests in the case of the new recruit, taking into consideration that the person he advocates for is: 1) responsible for the dismissal of technical personnel from PDVSA which has translated in unnecessary unemployment, numerous and to date unseen ecological disasters in Maracaibo Lake and excessive and polluting burn off of toxic gases in Venezuelan refineries; 2) head of the country that provides 15% of the foreign gasoline to the US --free America from foreign oil...-- and; 3) embodies the criticised oil wealth, that centred in an individual allows for the latter to fund all sorts of demoniac adventures in detriment of the people? How does Schellenberger’s goal to “re-establish America’s global economic leadership” marry with the vitriolic and antagonistic hate campaign of Hugo Chavez against the US? The convincing power of $60.000 petrodollars ought never be underestimated.

One of the successful case studies cited by Lumina Strategies has to do with Global Exchange, isn’t that the joint where VIO's alter-defender Deborah James works? It makes for interesting reading for it lays the bases of the campaign that will surely ensue to prep up the image of that uncomprehended messiah called Hugo Chavez.

So the VIO’s staff is composed of human rights defenders, environmentalists, missionaries, professional lobbyists, media analysts, feminists, policy researchers, real state agents, high military officers… One must wonder what will come next would it be a hit rap song of Eminem featuring Jay Z and the Fugees?

source: http://www.vcrisis.com/index.php?content=letters/200406221843

What does it cost?

What does it cost to hire a guy like Michael Shellenberger?

http://www.spinproject.org/resources/pr_consultants/cost.html

WHAT DOES IT COST?

Rates range dramatically. It is important to have a sense of your budget before embarking on a quest for PR help. Know your range.There is no set formula for what a consultant will charge and what you get for the money. At a minimum expect to spend around $5,000 for a short but significant media effort. This would include placing and pitching stories, producing the press kit, arranging interviews. More prestigious and/or experienced consultants will charge more, ostensibly to take advantage of their greater media access through their media lists.

One environmental justice group signed a contract for about $20,000 for a major two to three-month campaign that included story placement in key national media. Another organization spent about $7,000 for a shorter campaign that scored them a handful of good media hits locally and nationally.

http://www.spinproject.org/resources/pr_consultants/list.html

Saturday, September 09, 2006

Who wrote Gallegos' apology?

The spin doctors are at work. In today's Times Standard, Gallegos apparently submitted a written apology for his plagiarized My Word. It is so markedly different (read coherent), you have to ask, WHO WROTE THAT FOR HIM?

Reminder

This is a complicated story, and one that goes back to 2002. To fully understand what is going on you will need some of the background. Be sure to READ THE ARCHIVES. START with the first post in April 2006, follow it through (backwards). I will be adding MORE of the story, as well as addressing current issues. If you have questions, I have added an email link to the blog profile. I'll do my best to answer.

Friday, September 08, 2006

Now this is ironic...

Winner of the John F. Kennedy Profile in Courage Essay Contest for High School Students:
Paul V, Gallegos Courage under Pressure
from www.jfklibrary.org

uhhhh, guys....

[PDF] Paul V. Gallegos: Courage Under Pressure
File Format: PDF/Adobe Acrobat - View as HTML
Thus, when Humboldt County District Attorney Paul V. Gallegos decided to ... and I voted for Paul Gallegos. Unfortunately, now we see what his true platform ...
Winning Essay

Given that the hero of the story Paul Gallegos is now shown to be ripping off Robert Kennedy's quotes...
ER - A second Gallegos column raises questions about attribution

RELATED STORIES:
THE OX-BOW INCIDENT by ROBERT LOUIS FELIX
a copy of THE OX-BOW INCIDENT in case the link goes down
TS - Paul Gallegos' My Word
ER - WHOSE WORD WAS 'MY WORD'?
ER - A second Gallegos column raises questions about attribution

Any doubt what Local Solutions' agenda is?

Any doubt what Local Solutions' agenda is?

It's identical to the so-called "Alliance for Ethical Business."
A quick look at their websites shows the same roster of anti-Palco postings, the same claims to fame, including getting Gallegos elected and protecting him from the Recall. The same people involved, Salzman, Twombly, Ken Miller, Michael Shellenberger, the same agenda.

You've seen the proof of connection if you have been reading any of the posts on this blog -

The genesis of Local Solutions appeared in another "My Word" in the Times Standard. This one was ostensibly penned by Michael Twombly.

Maxxam machinations demand local solution
My Word by Michael Twombly
Article Last Updated: Tuesday, February 08, 2005 - 6:12:41 AM PST

The full text of his My Word in the FIRST COMMENT on this post.

Paul Gallegos is a Plagiarist?

It's tempting to say something flippant like "Plagiarism is not a victimless crime."

But there's just nothing funny about this.

When I posted Salzman's Plan for the Trust Fund, the idea was that their own words tell the story. You don't have to make up a conspiracy theory, which is what any criticism of Paul is said to be. The story is all there. In their own words. In their emailed communications, and quotes in articles in various publications. Lies and spin. Manipulating public opinion. I figured if people could see it for themselves, it might help them make an informed decision

Paul Gallegos lied to the Times Standard about the Trust Fund proposal, and about many other things. Sometimes, the lie is printed one day, and a few days later the different version of the truth is printed, and the reporter never questions the discrepancy. Because it is Paul.

Now, in the Times Standard's "My Word" op-ed forum, it is Gallegos' own words that do him in.
Or rather, his own choice to plagiarize the works of others that clearly demonstrate his dishonesty.

In the fullness of time, the full extent of the dishonesty, and the dishonest tactics that permeate Gallegos' tenure is being exposed, and will continue to be exposed.

He should resign.

RELATED STORIES:
THE OX-BOW INCIDENT by ROBERT LOUIS FELIX
a copy of THE OX-BOW INCIDENT in case the link goes down
TS - Paul Gallegos' My Word
ER - WHOSE WORD WAS 'MY WORD'?
ER - A second Gallegos column raises questions about attribution

Thursday, September 07, 2006

Local Solutions' 460 Campaign Statements

Fascinating. Big Donor. Ken Miller.

Funny. Donation to Ken MIller's Humboldt Watershed Council.

Wow. Big Donor. Michael Shellenberger.

Biggest surprise? No contribution from Richard Salzman. That's funny. he told KMUD listeners that he was SO impressed with this "grassroots" group that he was donating himself.

Maybe I'm missing something.

BUT....

You Eureka voters might note that most of these people trying to tell you who to vote for don't live anywhere near Eureka. And, for all their support of Measure T, these people don't have ANY trouble taking money, big money, from out of the area. And, David Cobb's column in the Times Standard is obviously just another tool for Local Solutions. The TS should suspend his column until after the election.

Filing period 10-17-04 to 12-31-04
Contributions:
$100 from Scott Holmquist, Garberville
$1,200 from KEN MILLER
$100 from Ray and Marie Raphael, Redway
$100 from Barbara and Jim Truitt, Redway

Donations:
(Summary of Expenditures Supporting/Opposing Other Candidates, Measures and Committees)
$300 to Kaitlin Sopaci-Belknap
$500 to Chris Kerrigan

Payments
$450 to Kate Casali, Garberville
$200 to Eileen McGee (training for radio producer)
$203.52 to Verizon

***

Filing Period 10-23-05 to 12-31-05
Contributions:
$199 from Lily Bhavani Aquarian, Redway
$600 from Kelly Baraka in Mill Valley
$100 from Sonia Baur, Garberville
$600 from DAVID COBB
$100 from Michael Courson
$100 from Marilyn DeWitt, listed as working for HSU
$198 from Mark Greenleaf
$445 from G. J Gregori, Garberville
$100 from Maureen Hart
$293 from Dennis and Ellie Huber, Redway
$100 from Erik Jansson
$101 from Ron Kokish and Niki delson
$200 from Judith K. Little
$100 from Therea Malloy
$1,750 from KEN MILLER ($2,950 total to date)
$100 from ANNE PIERSON
$3,000 from WILLIAM S. PIERSON
$198 from Charles J, Powell
$200 from PAUL SALZMAN (significance unknown)
$1,000 from Ester A. Saunoras, Petrolia
$1,000 from MICHAEL SHELLENBERGER & KARIN ROSSMAN, El Cerrito (interesting. related to Jared Rossman?)
$198 from Ronald M & Molly Sinoway
$150 from S. Brian Wilson

Loans received:
$200 from MICHAEL TWOMBLY

Non-Monetary Contributions:
$203.78 from Lost Coast Brewery
$100 from Fiesta Cafe
$200 from Six Rivers Restoration

Donations: (I'm listing the cumulative to date/calendar year amounts)
(Summary of Expenditures Supporting/Opposing Other Candidates, Measures and Committees)
$894.01 to Friends of CHRIS KERRIGAN
$200 to Shane Brinton
$600 to Humboldt Coalition for Community Rights (MEASURE T)
$370 to the Humboldt Democratic Central Committee
$690 to Friends of Mike Wilson
$665.86 to Becky Kurwitz for Northern Humboldt Union High School District
$665.86 to Don Avant for Northern Humboldt Union High School District
$665.86 to Steve Cole for Northern Humboldt Union High School District
(geez, Shane got gypped)
$550 to Elect Maggy Herbelin
$400 to Jeff Dunk for McKinleyville Community Services District
$400 to Javan Reid for McKinleyville Community Services District
(I'm disappointed in you guys)
and finally:
$100 to (Ken Miller's) HUMBOLDT WATERSHED COUNCIL (For what?)

Payments made:
$1.285 to ALICE WOODWORTH, Arete Business Services (isn't that nice, paying yourself)
$159.71 to Dennis Huber for reimbursement fro fundraising event
$350 to Kevin Frank, Frank & Associates for Database development
$250 to Javan Reid for McKinleyville Community Services District
$600 to the Humboldt County Democratic Central Committee for rent
$100 to HUMBOLDT WATERSHED COUNCIL
$250 to Jeff Dunk for McKinleyville Community Services District
$100 to Matt Koglin for Website development. (Matt is the Matt on Salzman's roster, Matt's list)
$475.85 to MICHAEL TWOMBLY for reimbursement
$165.98 to SBC

Accrued Expenses: (Unpaid Bills)
$159.71 for Dennis Huber for Fundraising reimbursements
a total of $983.30 for MICHAEL TWOMBLY for reimbursement (not clear what for)
$940 for ALICE WOODWORTH for Professional services (hiring yourself)
$81.68 for SBC
$250 to the Humboldt County Office of Education for Fundraising Events. THIS NEEDS EXPLANATION!

Miscellaneous Increases In Cash
$561, City of Eureka, Wharfinger Bldg, refund deposit for fundraising event
$182.25 Campaign to elect Don Avant to defray cost of signs for Northern Humboldt Union High School District

***

Filing period
5-21-06 to 6-30-06

Contributions:
$100 from Alan Maret
$100 from Javan Reid
$1,000 from Ester A. Saunoras (THat makes $2,000 to date as far as I can tell)
$1,100 from ALICE WOODWORTH Friends (event)
$2,000 from Mary Yates in GILROY

Loans received:
$1,200 from Dennis Huber (guess this activism is harder to raise money for than you thought?)

Nonmonetary Contributions Recieved:
$1,823.90 from ALICE WOODWORTH for database development (forgive debt) and pay web costs
$200 from Kevin Frank & Associates for database development (this gets more interesting)

Donations: (I'm listing the cumulative to date/calendar year amounts)
(Summary of Expenditures Supporting/Opposing Other Candidates, Measures and Committees)
$500 to the Humboldt Coalition for Community Rights (MEASURE T)
$517.50 to the Humboldt Coalition for Community Rights (MEASURE T) with notation
$500 to the FRIENDS OF PAUL GALLEGOS

Payments made:
$150.10 to AT&T
$400 to Kevin Frank & Associates (database development)
$100 to the Humboldt County Democratic Central Committee for rent

Accrued Expenses: (Unpaid Bills)
still a balance of of $983.30 for MICHAEL TWOMBLY for reimbursement (not clear what for)?
$1,763.90 for ALICE WOODWORTH for database reimbursements (donated)

Miscellaneous Increases In Cash
$673, FRIENDS OF PAUL GALLEGOS for database share expenses

So there ya go. All you candidates who think Local Solutions endorsement and support is worth something - the most you are going to get is about $500. Is it worth it?

What is the "Transition Mission"?

Developing.

Plagiarism?

Could this be why Paul Gallegos had to go to LaVerne - an unaccredited Law School? Plagiarism? It will not only get you an "F", it can get you kicked out of school. Sheer speculation on my part.

But it's not just the lifted phrases that are interesting here, it is Gallegos' instinctive, immediate, denial. It is part of his pattern. Deny, then admit, defend obliquely, then blame someone else. It shows up in the Pelican Bay incident, the Victim Witness debacle, and many more. If you are looking for the "tell" phase, the one that indicates an untruth is about to follow, try "certainly," "absolutely" and "at the end of the day."

I pity Richard Salzman, who now has to find a way to cover for Paul Gallegos yet again. He must be getting tired. But you can't blame this one on politics, there is no political campaign in play, and Gallegos did this to himself. You can't blame the Eureka Reporter, though the Orks will surely try, because that is the same as saying that everything that is critical of Paul must be censored. (Which did seem to be the theme of his plagiarized piece.)

ER - WHOSE WORD WAS 'MY WORD'?
by Heather Muller , 9/7/2006
http://www.eurekareporter.com/ArticleDisplay.aspx?ArticleID=14767

Significant portions of a guest commentary submitted by Humboldt County District Attorney Paul Gallegos, and printed in the Saturday edition of the Times-Standard, appeared earlier in an academic paper written in 2000 about a World War II-era Western starring Henry Fonda.

Gallegos’ commentary appeared as a “My Word” guest column in the Times-Standard, under the title “Vigilantism a force of anarchy.” In it he argued that vigilantes put the rights of all people at risk by overriding the safeguards of due process — an argument legal scholar Robert Louis Felix made six years earlier in “The Ox-Bow Incident,” a paper written about a 1943 film by the same name.

“There’s certainly nothing earth-shattering about the thoughts,” said Felix, a professor emeritus of legal research at the University of South Carolina School of Law.

But it was not just the thoughts that Gallegos used. In at least 10 instances, complete sentences and parts of sentences from the 2000 paper — found on the Internet by using the Google search engine — appeared in Gallegos’ submission.

“There’s such a thing as fair use, which means that within certain limits work can be quoted for academic purposes. I’m saying quoted now, not lifted. I think clearly phrases are taken out of the article,” Felix said.

“If I knew that the article had been read and parts of it lifted without any intention to acknowledge or attribute it, I’d be offended.”

The movie, based on a 1940 novel by Walter van Tilburg Clark, tells the story of three innocent men who are lynched for a crime that didn’t occur.

“I couldn’t say if this is a crime or not, but in academic circles we call it plagiarism,” said Lee Bowker, Ph.D., emeritus dean of Humboldt State University’s College of Behavioral and Social Sciences.

Bowker had not seen the two articles and spoke only in general terms about a problem that is common on college campuses. “The taking of even a single line from another source without attribution is plagiarism. That’s the academic standard,” he said. “It’s an extremely serious offense. It’s so serious that presidents of universities have been fired for it. Faculty members have had their tenure revoked. A single instance proved against a faculty member can ruin that person’s career.”

“I would not accuse him of plagiarism,” Felix said, “but it’s difficult to imagine he wrote this particular (opinion) piece without some knowledge of the article.”

Reached by phone Wednesday afternoon, Gallegos initially said he was not specifically aware of the article Felix had written, but later said that he believed he had read it, adding that he had read a lot of articles about the “The Ox-Bow Incident.”

“It’s one of my favorite stories. ... As a prosecutor, I loved the story.”

When asked if he knew that swaths of his “My Word” commentary had previously appeared in Felix’s article, Gallegos responded, “No. I was not aware of that.”

“Obviously the question here is whether I intended to take direct quotes without attribution, and no, I didn’t intend that,” he said.

“Certainly when you’re getting ideas sometimes you write them back in a way that sounds very similar.”

But Gallegos maintained that he did not intend to represent Felix’s work as his own. “If I’ve done that, I certainly apologize to the professor.”

Felix said his paper had originally been presented at a 2000 meeting of the American Culture Association in New Orleans. A version of the article has been collected in “Screening Justice,” a book of essays about law and film.

Felix said he does not know who currently holds the copyright on the article.


Paul Gallegos

From “Vigilantism a force of anarchy”
Times-Standard (Sept. 2, 2006)

Vigilantism is a force of anarchy without much promise of justice.

Since absolute truth regarding guilt is not possible in all cases, some toleration of error is necessary.

… manages the risk of error in a way that is most favorable to the citizen.

If the accused is found guilty, the system has worked.

If the accused is found not guilty, the system remains intact …

Vigilantism is when all or most of the functions of the administration of justice are performed by one person or persons.

When the legal system is adhered to, the system demonstrates its commitment to … laws … .

… our legal processes have greater importance than getting the right results.

Today, I see a growing tendency for individuals or a group of individuals to disregard our established practice in the administration of justice: orderly progression within the limits of official power and rational decision making.

Robert Louis Felix

From “The Ox-Bow Incident”
Legal Studies Forum (2000)

Vigilantism is a force of anarchy without much promise of correction.

Since absolute truth regarding guilt is not possible in all cases, some toleration of error is necessary.

… manages the risk of error in a way that is most favorable to the accused.

If the accused is found guilty, the system has worked ...

If the accused is found not guilty, the system remains intact …

… vigilantism, in which all or most of the functions of administration are performed by the same persons …

When legal forms are adhered to, the system demonstrates its fidelity to law.

… adherence to legal forms needs more to commend it than getting the right results.

(T)he novel and the film provide narrative and dramatic illustrations of the evils caused by the deliberate or misguided failure to observe established practice in the administration of criminal justice: orderly progression within the limits of official power and rational decision making.

Copyright (C) 2005, The Eureka Reporter. All rights reserved.

RELATED STORIES:
THE OX-BOW INCIDENT by ROBERT LOUIS FELIX
a copy of THE OX-BOW INCIDENT in case the link goes down
TS - Paul Gallegos' My Word
ER - WHOSE WORD WAS 'MY WORD'?
ER - A second Gallegos column raises questions about attribution

Wednesday, September 06, 2006

POWER GRAB

During the Recall, Salzman drummed up an army of Orks and true-believers. One can forgive the likes of his defenders such as Sylvia de Rooy and Ellen Taylor, who believe in the cause and do not yet realize how they have been - and continue to be - used.

Everything "R. Trent" Salzman does serves to further his agenda. From getting into the neighborhood poker game in Trinidad to infiltrating the county's political power structure and orchestrating smear campaigns against those who stand in his way.

I have watched the lies unfold - everything from the so-called "Alliance for Ethical Business" and "timber yes, fraud no" to soliciting letters to the editor against Debi August to resorting to writing the letters himself under false names.

Through Salzman's efforts, his activist group believed they had secured in Paul Gallegos a powerful weapon and they would do anything to keep it. He has covered for Gallegos' bungling and incompetence, blaming others and misdirecting public attention wherever possible.

He has cultivated reporters, especially at KMUD, which became his mouthpiece. He has bullied and threatened and cajoled the local news media, directing the news coverage and with the help of the high powered public relations expert, Michael Shellenberger, he has been successfully "framing the debate."

Salzman has worked diligently to spin Gallegos' catastrophic failures in a positive light. He didn't lose the grant, it was politics, he didn't lose the grant, he was simply weaning the office from grant funding, he's not losing prosecutors, he's building for the future (though the imaginary bright young prosecutors failed to come knocking at Paul's door.) His non-existent relationship with the men and women of law enforcement is a plus not a negative, because it will allow Gallegos to prosecute the cops in the Cheri Moore matter (never mind that is what Ken Miller wants him to do).

Meanwhile Salzman works to secure a larger power base here in Humboldt County. He needs more politicans who will do what he tells them. He is frustrated by people who are independent, and who he cannot bend to his will.

Months ago Salzman began laying the groundwork for his takeover of the Eureka City Council - the "Good Old Boys" and the class warfare cards, which are the only cards left in his deck. You could hear Bob Ornelas and Michael Twombly and his "Local Solutions" cohorts pumping the message on KHSU, and KMUD.

He hopes to get you foaming at the mouth at the thought of "Big Boxes" and "evil Corporations" in order to get his way

Fortunately, in the fullness of time, Salzman's antics are being exposed, and being seen for what they are. The lies exposed in the North Coast Journal's investigation were, and are, just the tip of the iceberg.

Do not be fooled by groups that pretend to be grassroots, that give themselves nice sounding names that disguise their true intent.

You deserve to know who is behind groups like the so-called "Alliance for Ethical Business" the sham "Local Solutions", and the newly created "Redwood Progressives" - and CREG, the Citizens for Real Economic Growth. they are all one and the same.

*****

Two new aliases for Richard "R Trent" Salzman

A new name and new pretend title for Richard Salzman. Maybe a pretend paycheck, too. How many different ways can he convince you to hand over your hard earned money?

Citizens for Real Economic Growth, another nice little euphemistic name, hiding the fact that this group is for anything but Real Economic Growth. He thinks you are stupid enough to fall for it.

Richard Salzman
Communications Coordinator
Citizens for Real Economic Growth
post office box 738
Eureka, CA. 95502
www.SaveEurekaWaterfront.org
cregmail@cox.net
707.267.8878


And, yet a new fake group to add to his list:

The following information is a reminder of your current mailing
list subscription:

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What's he have to say?

aebmail@cox.net writes:

The best party in Eureka this Arts Alive will be the grand opening of the dual campaign headquarters of Friends of Larry Glass and Friends of Nan Abrams, candidates for Eureka's 1st ward and 5th ward City Council Seats. 

Question is, will we hear the Salzman Tribal Heart Beat?

Tuesday, September 05, 2006

The anti-cop agenda

Paul Gallegos' supporters HATE cops. You've already seen Ken MIller's agenda for the future detailed in AEB emails.
Here are some more - and for those of you who are asking "isn't this old news?" "why is this relevant today?" you need only read Ken Miller's last two My Words, in which he continues his rant against cops (though he tries to sugar coat it.)

Support for Ken must be drying up since he has come out from behind the shadows and resorted to writing the pieces himself. The same thing happened to Salzman, who first had people who agreed to sign his letters, then had to resort to signing them himself, and finally took to making up fake names to sign to his letters in order to make it look like he had widespread support.

Salzman and Miller desperately want to discredit local law enforcement, who they see as an impediment to their precious Paul's ability to fulfill their agenda. They have seized upon the Cheri Moore tragedy, and are attempting to milk it for all it is worth, trying to drum up support from the Orks, like those below:

aeb_humboldt@topica.com

From: silhouette@asis.com    Add to Address Book
Subject: Sweet Victory
Date: Wed, 3 Mar 2004 19:41:04 +0000

From the Alliance for Ethical Business (AEB) List serve:
First I want to say, OHHHHHHHHHHHHH YEAHHHHHHHHHHHH!!!!!!!!1

The funcion of the AEB will not go away. Despite our wonderful victory,
the Good Ole boys are not going to disappear. They will lame-duck
Gallegos and it's up to us to relentlessly monitor and dog these
corrupt thugs all the way from beat cops up to Dikeman in Paul's office. In a
sense, our work has just begun.

The dummies brought this on themselves. Talk about putting all their
eggs in one basket. What a mess! What was just sound speculation has
now been represented as fact in the media. Yes, the cops are bad. And
if they're not bad themselves they fear ousting from their "leaders"
should they take a stand for the good. This is a serious serious
matter. It's up to us to citizen monitor them and free Gallegos to
carry on his promise to uphold the law equally.

Good work everybody. Relax, pat yourselves on the back; stretch and
get ready for round three...the "lame-ducking" of Paul.

Victory is won in inches not in miles. Celebrate every inch of the process.

Jennifer in Trinidad

***

aeb_humboldt@topica.com

From:
silhouette@asis.com    Add to Address Book
Subject: Time to get real
Date: Thu, 4 Mar 2004 17:14:14 +0000

From the Alliance for Ethical Business (AEB) List serve:
I read with tongue in cheek this AM in the TS about how the cops want
everything to go back to "normalcy" and "professionalism". I also note
that the editor wishes this is so. Here too in our listing I notice
people who wish this as well. How quickly we revert to passivity when
the dust settles temporarily in our favor.

I can assure you, as I did Paul in the very beginning, that the issue
of rank high-ranking cops and their political allies aren't going to go
away. They are VEHEMENT that they will take their power back. There
is way more going on with them behind the scenes that involves
racketeering. Racketeers NEVER simply give up their trades and
alliances, nor powerholds, simply by losing an election.

I personally will never forget the cops rallying against our DA,
especially because our DA stands and stood for equal justice. If that
doesn't rile you to your foundation, you don't belong in the USA. 

These cops are bad. They're not going to stop representing
totalitarianism just because we wish it, or because we won this round. 
They need to be monitored. It is a campaign we must fight as
vigorously as we did for Paul's retention. Because the battle is only half won. 
They can and will lame-duck his authority. Until Paul is rubbing
elbows with their kind at the Ingomar Club, the Scotia Inn and out in those
huge private no-fly zone hunting ranches out east; they will not rest
their cause of usurping him. 

The AEB's function must be to organize a citizen's watch group against
their continued momentum to corrupt our government. Yes, the lawn
looks nice with all the dandelion tops mowed off. But it will only stay that
way if we meticulously pry out all the root parts in the coming months/years ahead.
I'm so sick of the corruption in this County that I want it to look like a friggin putting green.

Jennifer in Trinidad

Seeking excellence?

In Daniel Mintz'a recent article, Paul Gallegos opines that his yet-to-be-created "environmental crimes unit" will be about "excellence." This is laughable when you consider what has happened to Paul Hagen and Allison Jackson. Both were excellent - and effective - prosecutors. Both fired by Paul Gallegos. It seems excellence is not something Gallegos strives for.

Both disappeared from public view after years of service - almost without a trace. But they didn't sink entirely unnoticed beneath the waves (see the following letter to the editor and My Word):

Stewards disappointed about Hagen's dismissal
by Tim Ayres and Aryay Kalaki, 7/17/2006

We were stunned and deeply disappointed to learn that the environmental prosecutor for Humboldt, Del Norte and Lake counties has been fired.

Paul Hagen has prosecuted environmental crimes effectively since he was hired in 1999. We feel that this is a huge loss for all three counties.

When Humboldt County District Attorney Paul Gallegos was first elected, he brought Hagen to the Dunes Forum, where the prosecutor offered precise information on the court system and how the community could best participate in environmental cases, also offering to provide a public workshop, which the forum then organized for the community.

After the presentation, he graciously made himself available for any future projects we thought would be helpful for the community.

We provided information ourselves to Hagen regarding Clam Beach violations and he proved diligent in exploring every possible avenue of action that the evidence warranted. His dedication and action were impressive and greatly appreciated.

From his work on the job to his involvement in the community, including an eloquent statement as a citizen at the historic Eureka LNG hearing, we were confident that the public interest of Humboldt County had a strong advocate in the D.A.’s Office in the person of Paul Hagen.

Humboldt District Attorney Gallegos says that the California District Attorney’s Association, the organization that employed Hagen, is solely responsible for his termination, yet the chairperson of the Humboldt County Democratic Central Committee, Patrick Riggs, states to the press that he understands why Gallegos would “clean house” and fire Hagen (himself a Democratic Central Committee member), for what appears to be primarily a request for a review of the committee’s endorsement process as two Democrats (Gallegos and Dikeman) were running against each other for the same position of District Attorney in the last election.

The Committee rejected the request and voted to endorse Gallegos.

Even with the California District Attorney’s Association pulling the trigger, what was the nature of the Humboldt D.A.’s office input in that decision? Hagen’s record of prosecuting environmental crime is impressive and in the past D.A. Gallegos has publicly praised him.

Following an $800,000 fine against a mill for polluting bay water brought by the North Coast Regional Water Quality Board, Department of Fish and Game and the Humboldt County District Attorney’s office, in an April 2003 press release Gallegos stated, “None of this would be possible without the hard work and commitment of Deputy District Attorney Paul Hagen. We’re grateful that he’s part of our office and for all the work he does.”

Now, Gallegos has stated that the decision to terminate Hagen was not political, but there appears to be little other reason for it.

The Del Norte and Lake County district attorneys appear to be interested in answers as well, since they both are on record as saying they were not notified of the decision until after the termination and have questions of their own as they face the hole left by Hagen’s departure.

All that we know for certain is that we have lost an intelligent and dedicated prosecutor of environmental crime, and that this move warrants full examination and accountability, as people of this caliber are few and far between.

We ask: Has the public’s best interest been served here? We sincerely hope that those who care about the environment in all three counties, which were served so well by Paul Hagen, will join us in pursuing the answers.

(Tim Ayres and Aryay Kalaki are members of the Beach and Dunes Stewards.)
(The Eureka Reporter did not carry any of Riggs’ comments.)
http://www.eurekareporter.com/ArticleDisplay.aspx?ArticleID=13075

***

Puzzled and concerned over DA's dismissal of Jackson
http://www.times-standard.com/Stories/0,1413,127~2906~2215979,00.html
My Word by Dave Parris

I have been a detective in Humboldt County for 20 years, and in law enforcement for 27. In all of those years, I have rarely seen decisions made that so clearly and negatively impact the safety and well-being of our community as the dismissal of Allison Jackson from the District Attorney's Office.

Allison Jackson has served as a senior prosecuting attorney for 10 years in this county. Her relationship with law enforcement is one of mutual respect and dependence. Seasoned detectives and patrol officers gladly work with her to provide tight, thorough investigations. Younger, less-experienced officers have sought her instruction and advice, resulting in an educated force dedicated to finding the truth. She continually cross-trains with law enforcement, developing professional relationships with individuals while learning what law enforcement has to teach, never assuming she stands in place of investigators, but instead, at their side.

Allison Jackson has been a front-runner in this county for promoting investigative and prosecutorial procedures which keep in mind the complexity of child abuse dynamics, the sensitivity surrounding the details of a case, and the inherent strengths of child witnesses. She has participated in the Child Abuse Services Team, the Sexual Assault Response Team, and Child Death Review, all with the intention of keeping Humboldt County's awareness of child abuse sharply in focus. She actively seeks out and implements state-of-the-art practices formed around laws that protect our youngest victims. Child examinations, whether in the form of an interview, a medical procedure or testimony have been uncompromisingly guarded by Allison, as she requires her colleagues and her opponents to maintain standards of practice much higher than those held across the state.

Allison Jackson is a seasoned, winning litigator. Noted as a "bulldog" by law enforcement and defense teams alike, she aggressively charges, resolute in her responsibility to hold people accountable for crimes they committed. The defense teams who speak against her do so for her disinclination to plea-bargain away counts of criminal activity she can prove occurred. When Jackson knows she can protect a child for 10 or 15 years more by going to trial instead of plea-bargaining, she'll do it. She lays waste to "defense experts" who are paid high prices to tear down child victims and keeps their often outdated, irrelevant testimony out of a trial. Prosecuting to the fullest extent possible, while upholding the integrity of the judicial system, is the earmark of a talented, committed attorney.

I am astounded at the decision to dismiss Allison Jackson. For 10 years she has prosecuted child molesters, and of those cases she has had one hung jury, no other losses. Her partnership with law enforcement is outstanding, and more importantly, necessary to the ongoing development of well-balanced investigations. Her commitment to children and families has repeatedly drawn praise from public and private organizations, as well as the Board of Supervisors.

I am confused. In April of this year, in the month of Child Abuse Awareness, Paul Gallegos stood in front of the Board of Supervisors and invited Allison to speak on behalf of his office. He followed that invitation by handing her the proclamation from the Board of Supervisors which applauded the efforts of the Child Abuse Services Team. In doing so, he publicly recognized her in particular, among all the team members surrounding him.

And finally, I am devastated at the loss this represents to the professional and private communities of Humboldt County. With one less outstanding deputy district attorney, the quality of service will diminish. The talent and skill she brought to the DA's office is lost to this county. And this over a "personnel matter."

Was the matter of her dismissal "personnel" or "personal?"

The community deserves an answer.

Dave Parris is a detective with the Eureka Police Department. He lives in Eureka.

The answer is here:
http://northcoastjournal.com/051806/news0518.html#news

Forged documents and six pounds of weed
Why did District Attorney Paul Gallegos fire a top prosecutor?
by HANK SIMS

They tried to tell you

Two letters to the editor, from the Arcata Eye, 2001

Gallegos is a phony

I am a Deputy District Attorney in the Humboldt County District Attorney's Office. I prosecute crimes against children. The views expressed below are my private ones, but obviously my role as a deputy d.a. is relevant here.

Terry Farmer has the whole-hearted support of every person in the District Attorney's office. He is physically, mentally and emotionally more than equal to the job, and his experience as well as judgment eclipse that of his young opponent.

The opponent's suggestion that the elected District Attorney should try cases shows that he does not understand the job, or how complex the office is. Do you hire Seiji Ozawa or Leonard Bernstein to conduct, or to play first violin? Anyone immersed a trial has no time to manage the office, and vice versa. It is impossible to do a good job as a trial lawyer and simultaneously run a complex office, and anyone serious about the job should know that.

Terry does a great job dealing with local, state and federal agencies, and in running the people who work here. And when he needs to, he does go to court. In fact, he goes farther afield than that. Recently he traveled to Vacaville Prison, attending a so-called "lifer" hearing, ensuring that the killer of a two year old girl stayed where he belonged.

The opponent has never been to a homicide scene and then watched the autopsy, drafted the search warrant, conducted a grand jury investigation, or attended weekly meetings with the police agencies of Humboldt County. He has never managed a budget as big as the District Attorney's Office budget. He has no understanding of how the office is funded, what grants we apply for, get and maintain to pay for people, technology and training. He has no relationship or experience with the numerous state, federal and local agencies the District Attorney works with, that support us and that we support. These are just a few of the things that go into the job of District Attorney, and this is the kind of experience Mr. Farmer has. The opponent does not.

The opponent's claim that he would go easy on marijuana growers is not thoughtful, and is not a promise he can keep. Remember the line from the Glenn Frye song – "You got to carry weapons, ‘cause you always carry cash"? Drug dealing means drug ripoffs. We had at least one such homicide last year. Juries are full of smart people, and when they see large amounts of cash, packaging materials, scales, records of who paid what, who owes what, and guns, they quickly figure out that it's not medical marijuana we go after-it's drug-dealing. Every dealer has a 215 card – they would be crazy not to; cards are easy to get; everyone knows that.

Whether they admit it or not, drug dealers put their neighbors at risk. Drug dealing kills, directly and indirectly. Cases are winnowed; many requests from police agencies are not prosecuted. But when the facts suggest dealing, even when the dealer tries to hide behind medical marijuana, the case goes to a jury. Of course, a lot of dealers plead guilty before trial.

Another thing – a 215 card is not a license to drive stoned, especially with kids in the car. Nor does it allow one to carry a little meth and a syringe. Or cash bad checks. Or shoplift. People who care about medical marijuana know that. Many of them, like the Humboldt Patient Resource Center, endorse Terry Farmer.

One of the public defenders buttonholed me in the courthouse hall and asked me what I thought of the race, and we discussed it:

• Paul's only criminal experience is as a defender, yes? Yes.

• If Paul is qualified at all then, it is as a defense lawyer, certainly more than as a prosecutor, yes? Yes.

• Would you hire Paul to be your boss, to be The Public Defender? (VERY STRONG NEGATIVE RESPONSE.)

• OK then, don't send him to be my boss since he's not even ready to be yours. (The defender in question is supporting Mr. Farmer.)

It is nice that the opponent wants to "give back" to his community. But it is bold for him to assert that he should start at the top. Even the boss's kid is supposed to start in the mail room and learn the business. Where the D.A. is concerned, that's good for Humboldt County.

Five years ago I started here as a Deputy DA level one (out of four, four being the highest). When I did I already had 18 years experience as a trial lawyer – seven as a prosecutor, including four as a homicide prosecutor investigating and prosecuting from the death scene, the autopsy, through trial, and then to arguing appeals in the state Supreme Court and ultimately in Federal Circuit Courts of Appeal. Then I spent 11 years as a defense lawyer and plaintiff's civil rights lawyer, doing mostly police misconduct cases. I have worked both sides of the street, and I can tell you there is a big difference. Another experienced lawyer was hired by Mr. Farmer a year after I was. He had 20 years experience, 10 as a deputy D.A.. in San Francisco, 10 as an assistant U. S. Attorney prosecuting drug cases. He too started at the bottom here. Everyone does. The opponent wants to start at the top. That's wrong, and it's not good for the people of this County.

The opponent claims he can "lead" the current deputies. He admits we are good at what we do, he says he respects us, he says we deserve civil service recognition, but he does not hear us when we endorse Mr. Farmer in this race. Most of the attorneys in the office have far more experience than the opponent does, in some cases as much as twice or even three times as much. One of us, Worth Dikeman, was chosen Prosecutor of the Year by the state's leading legal publication not long ago. Maggie Fleming was convicting killers of little girls when the opponent was barely out of law school. The office has specialized prosecutors for methamphetamine, domestic violence, juvenile justice, violence against women, child abuse, welfare fraud, to name a few. How can the opponent tell us how do to a job he has never done? Will he ask our advice? He is not listening to us now – is he supposed to be a better listener if he becomes our boss?

To make money, private lawyers pick and choose their cases, even dump clients after taking them on. The District Attorney has a broader responsibility to the community. In the public interest we must take and keep cases even when our witnesses and victims may be unsavory, or hard to understand, or unwilling to assist us. We can't just walk away when things get difficult, or expensive.

Mr.Gallegos has done just that, as described in the Eye. After taking the case, Mr. Gallegos had second thoughts about how tough it might be. Rather than carry the case, he decided the client should pay expenses. She could not, so he dropped her. That is not thinking like a public servant, even when the "public" is just one person.

The time will come for a new District Attorney. When it does, vote for one who knows the whole job, knows the County, knows the State. Pick one with the judgment, experience, and credibility to represent the County at all levels: in the office, in court, with local police, government, and business, with Sacramento, with the Federal government. Right now, that's Terry Farmer.

Andrew Isaac
Arcata


Bring back the boss

We are the attorneys and investigators in the District Attorney's Office. We write to urge the reelection of District Attorney Terry Farmer.

We are proud of what we do and the reputation that we have. It didn't happen overnight and it didn't happen without Terry Farmer. Terry's opponent has no prosecutorial or administrative background. Despite this, he aspires to go from being one-half of a two-person office to head of the largest law firm in Humboldt County supervising those who experience dwarfs his own.

The enforcement of our criminal law is a serious business. Platitudes and sound bites are no substitute for results. Terry Farmer gets results. He is an innovative leader who has earned our respect and support. We urge you to vote for him on March 5.

Max Cardoza, Worth Dikeman, Rob Wade, Elizabeth Norton, Maggie Fleming, Jim Kucharek, Allen Woodworth, John Wright, Peter Martin, Gloria Albin, Allison Jackson, Eamon Fitzgerald, Wes Keat, Andrew Isaac, Nandor Vadas, Heather Gimie, Murat Ozgur, Frank Dunnick, Stacey Johnson, Paul Hagen, Jim Dawson, Eric Olson, Kathy Philp, Mike Losey, Chris Cook, Paul Blake, Scott Smith, Chris Andrews, Dave Rybarczyk, Dave Walker, Mike Stone

Humboldt County District Attorney's Office
Eureka

(Anyone care to count how many of them are left? Probably on the fingers of one hand.)