Tuesday, July 03, 2007

A conviction

German citizen convicted of one charge

(Heiko) Forster, 32, was found guilty of felony possession of cocaine base and not guilty of possession of a hypodermic needle, said Humboldt County Deputy Public Defender Jonathan McCrone.

However, the jury was hung with regard to possession of heroin for sale and possession of a controlled substance (heroin), McCrone said — nine jurors were in favor of finding Forster guilty of the two counts, while three were not.

“In talking to the jury (after court proceedings Monday), they had difficulty with the fact that there were five other people in the apartment (where Forster was arrested), all seeming to be equally likely to be in possession of (the heroin and syringes),” McCrone said, “and they didn’t feel they had enough evidence to connect (the heroin and syringes) to Mr. Forster.

“According to the jury, they found Mr. Forster guilty of possession of cocaine base because (law enforcement) found a pipe used for smoking cocaine in his backpack.”

McCrone said it is “up to an immigration judge” to decide whether Forster will be deported back to Germany because of his felony conviction.

“He’s eligible for Proposition 36 (a drug rehabilitation program), but they are telling us that any felony can get him deported,” McCrone said. “I can’t tell you for sure, but that’s what we’re trying to avoid — he’s got three children.”

Humboldt County Deputy District Attorney Arnie Klein, who prosecuted the case, said he doesn’t believe Forster would be eligible for Proposition 36 because he has at least two prior drug convictions — one in 1999 and another in 2000.

“I can’t answer for the deportation laws in 1999 and 2000, but they became more stringent after Sept. 11,” Klein said. “My fervent wish is that (Forster is) deported.

“We have enough drug dealers on the streets of Eureka without him adding to the numbers.” (read the rest)

13 comments:

  1. Evidently, Klien is not familiar with prop 36. And since it is SOP for his office to put persons who sell dope on prop 36 anyway, why should it matter to him...except for its a way for him to pipe up in the press again.

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  2. Klien is notorious for being unprepared when he goes to court.

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  3. I do agree with Klien on one thing! Deport the drug dealer back to German. His kids can go with him, or stay and be better off without having a deadbeat drug dealing daddy around.

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  4. Joseph Craig7/03/2007 1:50 PM

    And who would you be, Mr or Ms 9:22 a.m. 7/3? You seemingly are unprepared to identify yourself, so your little comments about a certain "skirt-chasing" DDA being "unprepared" certainly don't really hold much merit to someone who is educated. Then again, if I was so educated, why am I posting a comment on this site for NCSes?

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  5. Liz Gonsalves7/03/2007 1:55 PM

    I agree with Mr. Craig. I mean, I heard from people in the DA's Office that Klein is the only DDA in our county to take on five trials and actually win - in some way or another - all of them. I mean, if he won just one in this county, he'd be ahead of the game, right? PS Word has it that he is a little quirky, but not a skirt chaser.

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  6. Arnie, quit blogging on county time.

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  7. Word is; the reason for all the trials is that Gallegos is trying to change the image of his office with the courts?!

    Quirky? Oh yes

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  8. 1:50 and 1:55 are obviously the same...yes it is the unprepared skirtchasing Arnie Klien. I am with 4:08 here...QUIT BLOGGING ON COUNTY TIME ARNIE!

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  9. Bailiffs and court support staff also need to quit blogging on county time.

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  10. and the da's office support staff

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  11. and the deputy das

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  12. Arnie has been here half the time Jeff has (if that) and has tried about 10 times as many cases, and won most if not all of them. DDA's are not hired to be nice guys, they are hired to do justice.

    Some fail both ways. Arnie, apparently, can at least do his job.

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  13. I would agree. It's not going unnoticed, 8:12.

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