watchpaul: Another plea bargain

Friday, May 04, 2007

Another plea bargain

Of course it was coming. The DA finally plea bargained McClung He was out on probation after being convicted of manufacturing meth with a gun, and sentenced to the maximum term. That ten year sentence had been suspended by the court which placed him on probation. Only if he got caught violating his probation would he have to serve his term.

Well. Now - he did get caught, allegedly trying to kill his girlfriend, and he was 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."

All of the new charges, assault, kidnapping were dismissed and he entered a plea to 2 years for false imprisonment (shades of GARZA) to run concurrent to the older prison sentence. (Meaning it is not added on top of the old sentence.)

After Thursday’s court proceedings, (McClung's attorney Russell) Clanton said that if McClung didn’t have the 10-year probation violation prison sentence hanging over his head, Thursday’s outcome may have been different. Clanton whined that he would have gotten a more "equitable" sentence if it hadn't for that earlier 10 yr sentence that he couldn't get out of. Doesn't he mean the guy could have gotten off scott-free? As it is, he only has to serve 5 years.

Were it not for that earlier sentence, which tied Gallegos' hands, you have to wonder if this guy would be seeing any prison time.

The background:
McClung accepts plea offer
Judge grants third continuance for felony assault case
Judge grants McClung two-week continuance
Plea agreement offered to McClung
Judge continues McClung hearing
McClung pleads not guilty
McClung to return to court Wednesday
Man who threatens to kill girlfriend, himself arrested
No coverage in the Times Standard apparently.

6 comments:

Anonymous5/04/2007 1:46 PM
Mr. McClung should have gone to prisoin the first time around. Probation for Manufaturing methamphetamine!! Gee I wonder why meth is a problem.

If McClung would have gone prison none the this would have happened.

Isn't Russ Clanton Paul Gallegos' best friend, or very good friend? This whole thing smell a bit fishy.
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Anonymous5/04/2007 1:46 PM
It's been said before, and it will prove true more and more, Clanton is pals with PVG and gets what he wants out of that office as long as he avoids Fleming and
Cardozo, who don't get to pick their cases or assignments.
Too bad the judge went along with it. Probation twice in a row?
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Anonymous5/04/2007 7:16 PM
I'm moving out of the corrupt hellhole! It can only get worse and not many seem to care?
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Anonymous5/05/2007 4:18 PM
5/4 1:46 p.m.: The judge sentenced McClung to prison and then parole after he does his time.
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Rose5/05/2007 4:42 PM
Note for newcomers and out of the area readers: PVG is Paul V. Gallegos.
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Anonymous5/06/2007 7:03 AM
Why should these lightweight plea bargains surprise anyone? As the "old guard" left and was replaced by Gallegos' Preatorean Pissants the plea bargains (or just outright dismissals ) have become commonplace. Everyday! Old Hat! Nobody seems to care much anymore because that is just the way it is. That's the way it is in Humboldt County.
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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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Friday, May 04, 2007

Another plea bargain

6 comments: