watchpaul: This week's Cases to Watch

Saturday, April 28, 2007

This week's Cases to Watch

TS - Contested interview halts molest prelim
ER - Toomey hearing interrupted
"Jacob Charles Toomey, 28, was arrested earlier this month and has been charged with a count of lewd and lascivious acts with a child under 14 and two counts of lewd and lascivious acts with a child 14 or 15 with the suspect being more than 10 years older." ER At issue, "an April 11 recorded interview of Toomey by Humboldt County Sheriff’s Detective Rich Schlesiger... (Humboldt County Chief Conflict Counsel Glenn) Brown, asked for the continuance because, Brown told Humboldt County Superior Judge W. Bruce Watson, he needed time to research a “messiah issue” — “that once a person has been appointed counsel, police may not interview” the defendant without his/her counsel present.

ER - Judge grants third continuance for felony assault case
Charged with "four felonies — false imprisonment/person used as a shield; false imprisonment; threatening crime with intent to terrorize; and assault with a deadly weapon or great bodily injury force with a kitchen knife — and the misdemeanor of resisting arrest or obstructing a public officer." Mark Christopher McClung, apparently considering whether to take an "unspecified plea offer or opt instead for a preliminary hearing... the first continuance was requested so that McClung’s Arcata-based attorney Russ Clanton could go over the offer further with his client." ER

Earlier information: Judge continues McClung hearing

...McClung could get up to two strikes if convicted, past reports indicate, making any future felony a third strike...

McClung is currently on a probation hold from a case that stems from a January 2003 case, in which he pleaded guilty to possessing chemicals to manufacture methamphetamine, as well as to a firearm enhancement.

With the probation penalty and fresh charges combined, McClung faces a maximum prison term of 17 years and eight months, past reports indicate...

“...We have begun a real thorough investigation and it’s put us in a position that we’ve been able to have some discussions with the District Attorney’s Office in regard to reaching an agreement in how we should proceed in this case,” (Russ) Clanton said. “There are many issues in regard to the factual aspects of this case..."

What will the deal be?

2 comments:

Anonymous4/28/2007 1:22 PM
How much time does it take to meet with the client and say the DA's office has offered XYZ deal, you can take it or not. Mr. Clanton should know if it's a good deal or not. A question? Who is paying Clanton? Is he just padding the bill? Not that a lawyer would do such a ting?!
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Anonymous4/29/2007 10:16 AM
Clanton is best buddies with PVG and gets whatever he wants.

It's Massiah, not messiah. Supreme court case that discusses when a defendant who has a lawyer on one crime can be questioned without a lawyer about a different crime. Tricky stuff. Brown is very slick on this kind of law, and it's questionable whether the
DA's office still has the brains and guts to beat him on it.
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Paul Gallegos

The Humboldt County Grand Jury found that "Weak leadership and poor managerial practices" have undermined the office... Implicit in all evidence gathered by the Grand Jury - including interviews with the D.A. (Paul Gallegos) - is the unfortunate truth that the D.A. (Paul Gallegos) exhibits a limited understanding of how things are done in the department" Gallegos "lacks the global perspective needed to keep the department operating efficiently," and quotes an unnamed staff member as saying, "The D.A. (Paul Gallegos) does not fully understand the functionality of many of the things we do here" - Years later, in his own words: "I’m not an administrator, they didn’t elect me to be an administrator, they elected me to make sure this office runs..."

Douglas & Zanotti

CASE TOSSED The district attorney misrepresented the law and failed to provide evidence of former Eureka Police Chief David Douglas' and Lt. Tony Zanotti's innocence during a criminal grand jury inquiry into the 2006 shooting death of Cheri Lyn Moore, defense attorneys argued in court documents filed Thursday... ”Our judicial system stands as a real and necessary check on the grand jury indictment process,” one of the documents states. “This court has the authority and the means by which to halt this prosecution, which is justified neither by the undisputed facts, nor by the law.”

Gallegos has taken what was "arguably the state's best small DA's office, with a cutting edge CAST program that "trained the trainers"... into a bunch of time serving bureaucratic wannabee brown nosers, lightly sprinkled with a couple of earnest learners who are sure to split as soon as possible.

One weeps for Max Cardoza who won Angellel, and for Maggie Fleming who won so many impossible victories. Mired in Humboldt for personal reasons, they have to suffer the ignominy of working for Paul, with Yougo, yes, yougo who has freed more people as a prosecutor than he did as a defense attorney. As has Paul. Anonymous comment

Gallegos has answers for everything. I’ve never met anyone whose answers came so quickly, with such polish - except about his law school(s). He likely sounded the same way when promising to get prosecutors off their anachronistic “at will” status and onto civil service status. It never happened. Indeed, he told them, “Disloyalty will not be tolerated” – a real morale builder.

He sounds great. What progressive doesn’t want to believe in him? But it’s a myth. He’s an intellectual lightweight and self-aggrandizer who tries to please everybody with glib answers. Jim Fahey for The Arcata Eye

The Humboldt County DA's office is one of the most exciting prosecutorial
offices in California.

Its District Attorney, Paul Gallegos, is willing to charge anyone who commits
wrongdoing--no matter how wealthy, sacrosanct, or ruthless. He believes in total equality before the law. He also plans to be innovative in promoting programs of prevention and treatment. He wants to make it the best prosecutorial office of its size in the nation.... Gallegos' Help Wanted ad

Gallegos' OWN Quotes

★ ...District Attorney Paul Gallegos said he believes the statute of limitations clock, even on misdemeanors, doesn't start running until law enforcement knows or reasonably should have known of the offense. In this case, Gallegos said, that means the statute of limitations would not run out at least until Feb. 8, 2009, or one year after Gundersen's arrest and the discovery of the photographs in question...

★ "...some people actually molest out of different feelings, some times out of feelings of love....” DA Gallegos explaining why Child Abuse prosecutions were down

★ “I never said that the information was not available under the Freedom of Information Act. Quite the contrary, I informed you that our use of force policy is not a public record.” Paul Gallegos to the Times Standard 5/25/07

★ ...“One is that I do everything to make people happy which means I don’t stand for anything except for just something,” he said. “The other is I stand for something and I try to be a leader and take some people, a group of people, a community someplace and I say guess what folks, this is who I am. I stand for your beliefs. We share these beliefs or we don’t. You get the option to judge that. This is who I am and I am committed to leading us this place, wherever it is...." Eureka Reporter Gallegos defends record, looks ahead 7/3/2005

★ Note the difference between what he SAID, and what he DOES..."...So what are these issues? Top on Gallegos' list is the proliferation of "garbage cases," small-time crimes and overcharged cases that he said are clogging up the court system.

Garbage cases, said Gallegos, come in two forms: Cases that would lose if actually brought to trial and cases that are overcharged for the crimes committed. The idea behind filing both kinds of garbage, he said, is to get the defendant to plead guilty, netting a conviction without having to go into court.

Again, the IRONY is astounding! Look at what he SAYS, and then think about what he DOES! "Probably 95 percent of the cases that are filed plead guilty. In fact, there are a lot of cases that are filed on the assumption they will plead guilty, because of the time and expense involved in defending them. But these cases shouldn't even be filed in the first place, because if they were challenged, they would lose," Gallegos said. Better yet: If they weren't filed at all, it would save the county time and money...." North Coast Journal 2/21/02 Too bad he didn't take his own advice.

★ “Tim’s a stud,” he said. “He really is; anyone would be stoked to have him.” Gallegos on his second in command right hand man Assistant District Attorney Tim Stoen. (Former second in command right hand man to Jim Jones/People's Temple.)

NOTE:

"Helping Crush Progressivism" - ie: exposing the predatory litigious orgs and those who seek power for power's sake.... The original purpose of watchpaul is to post important documents relating to Humboldt County District Attorney Paul Gallegos and his handlers who seek to gain power through the acquisition of political offices. This includes, but is not limited to, the manipulations of "Humboldt Watershed Council," "EPIC," "Baykeeper," and other activist groups - the unregulated orgs. It also includes the master manipulators, such as Richard Salzman and Ken Miller.

Links to key stories and documents are also included in the sidebar, so that you do not have to try to scroll back through what has become a lengthy series of posts. I encourage you to use the Search and Labels features as well.

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Saturday, April 28, 2007

This week's Cases to Watch

2 comments: