Bowie, Canfield, Dinsmore and now Davis...
It is the D.A.'s job to talk to the press. He is supposed to shield his prosecutors from having to talk to the media in order to avoid exactly what is happening here. Apparently Paul Gallegos has abdicated this responsibility resulting in at least three Protective Orders (Gag Orders) being issued on three different cases recently.
Judge considering gag order
Humboldt County Deputy Public Defender Blair Angus argued for a protective order Thursday with regard to any information regarding her client, Duane Bowie Jr.
Following the arguments of Angus and Humboldt County Deputy District Attorney Allan Dollison, who is prosecuting Bowie’s case, Humboldt County Superior Court Judge Dale A. Reinholtsen said he would take the order under consideration.
When a judge approves a protective order — commonly referred to as a gag order — court officials, including attorneys, are prohibited from talking about the case to media.
The arguments Angus gave in court Thursday for the protective order are based upon recent Eureka Reporter articles written about Bowie’s case and statements made by Dollison to The Eureka Reporter.
“Such detailed” accounts in the articles — such as information from a police report — creates problems for Angus, she argued. She said the pre-trial publicity could prejudice a potential jury, thereby making it “increasingly difficult” for her to pick from a jury pool someone who has not read the articles.
Also, Angus argued, “frank discussions” about plea negotiations “suggest to people in the community” that Bowie, 33, of Cutten, could possibly be considering pleading guilty.
Angus added that details of the plea offer — which were not specified in past articles — were read by Bowie prior to her being able to discuss them with him.
More: Bowie preliminary hearing continued
Earlier:
Judge places protective order on Canfield case
A protective order has been placed on the Robert Charles Canfield case after a Eureka Reporter article detailed the incident in which Canfield has been charged.
The protective order — commonly referred to as a gag order — prevents court officials and attorneys from speaking about the case.
Canfield, 40 — whose last known address was in Manila — has been charged with first-degree robbery; residential burglary, habitant present; and two special allegations, which concern a strike and four prior prison terms, Humboldt County Deputy District Attorney Allan Dollison said prior to the protective order.
Canfield’s attorney, Humboldt County Public Defender Kevin Robinson, has previously said Canfield has pleaded not guilty and is “going to put on a vigorous defense.”
During open court Tuesday, Robinson said it was he who requested the protective order.
Judge in Dinsmore case issues 'protective order'
Humboldt County Superior Court Judge John T. Feeney granted a “protective order” Thursday that prohibits officials from making comments to media about the Steve Gary Dinsmore case.
“Court personnel, counsel, (counsels’) offices, witnesses, investigators ..., be admonished to not discuss this case with (the) media or make any public (comments) regarding this matter (until the case is concluded),” Feeney said. Dinsmore, 32, of Eureka, is accused of a slew of felony charges including the November 2005 attempted murder of a Humboldt County Sheriff’s deputy.
Dinsmore’s attorney, Marek I. Reavis, an attorney with the County of Humboldt Conflict Counsel, said his client has pleaded not guilty to all charges.
Reavis requested the protective order Thursday. Included in his request paperwork was a copy of a Eureka Reporter article, published Wednesday, about the Dinsmore case.
The article contained a comment by Humboldt County Deputy District Attorney Arnie Klein, who is prosecuting the case.
In court, Reavis requested the protective order to prevent future comments from potentially biasing the jury.
Before Feeney had made a decision on Reavis’ request, Klein voiced his objection in open court.
“I would like to talk to the press (at any) time I choose,” Klein said, “this being (the United States of) America.”
Klein added that he would limit his comments just to matters concerning evidence brought up in open court and not talks or communications made outside the presence of the jury.
Shades of Nifong
Of course Gallegos has been a little too talkative himself when it comes to his pet lawsuit:
Interviewed not long after hearing of the bankruptcy, District Attorney Paul Gallegos said he isn't surprised. "That's what we're saying in our lawsuit - their whole plan is to carry out an unsustainable harvest rate to fund that debt," he continued.
The lawsuit was dismissed due to legal conditions unrelated to the D.A.'s allegation that Palco knowingly submitted false information during the 1998 Headwaters Deal process. Gallegos' appeal of the dismissal is being considered by the state's Supreme Court. He thinks the company's huge and lingering debt pressured it to push for higher cutting rates - and to commit fraud.
"There was one thing on their minds and that was having a set harvest rate - they were going to make sure they got it and that was the reason they submitted false information," said Gallegos....
...Mention of the company's litigation against the state has been included in Palco's recent financial filings to the Securities Exchange Commission. Gallegos thinks Palco's management needs to take responsibility for the economic shortfall. "They've blamed it on everyone except themselves from day one," he said. Palco's bankruptcy ignites debate, speculation McKinleyville Press, January 2007
UPDATE: Yet another one:
Gag order requested in child molestation case
Humboldt County Deputy Public Defender Jonathan McCrone had represented (Matthew Christopher) Davis as of last Tuesday — and was the one to file the request for the protective order. But, on Friday, McCrone announced in court that his office has a conflict in representing Davis.
Humboldt County Superior Court Judge W. Bruce Watson further clarified to Davis in court Friday that “for some reasons, (McCrone’s) office has a conflict based on, I assume, a dual representation type of situation.”
Watson then relieved the Public Defender’s Office from representing Davis and Arcata-based attorney Russ Clanton announced that he has been requested to represent Davis.
Add this one to the list of cases to watch.
Update:
Potential Davis gag order
Third attorney opts not to defend Davis
Davis may be represented by Humboldt County Conflict Counsel's Office
Another Update:
Add another one to the list:
Walin filing latest in recent rash of gag order requests
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ADDED: Allan Dollison served Humboldt County's DA's office for 6 years and 4 months. He details his record, and his reasons for leaving here - ◼ My record at the DA's Office - Allan Dollison/for the Times-Standard
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NOTATION: 7/13/2013 - It's an interesting aspect of this blog that other people often get caught in the net, based on their entrance into the Gallegos saga. And so their names live online, to be unearthed whenever they apply for a job. Sometimes the searches that lead people here are for other reasons, but it usually has to do with a job search.
And, so it is that Allan Dollison appears here. His time with the DA's office has come and gone, he rose through Gallegos' ranks, and was slated, some said, to become Assistant DA. He was a loyal player, and, I believe, a true believer.
Through my work here, I am often kept informed about cases, how they're handled, how the various Deputy DA's do their job, interact with victims, and so forth.
And I feel it necessary to say this. I have come to the conclusion, that, for all his past mistake, Allan Dollison turned out to be one of the best and most honest of the bunch, far surpassing his boss, Paul Gallegos.
He has since left the DA's office, and, as is often the case when people leave, I get the chance to talk to them. I have talked with Allan Dollison. And, to his credit, he never once asked me to remove any of this info, as damaging as it is to him. I respect that, and I think it's noteworthy.
If you're looking to hire him, it's worthy of consideration.
I'm not pulling anything down, as that would be a disservice to the facts as they have unfolded, but I am adding this, to mitigate that online-lives-forever reality.
