URGENT ALERT! This case was TOSSED by the Judge - never made it to trial.
☛ ER http://eurekareporter.com/article/080826-judge-throws-out-douglas-zanotti-case
Feeney said the indictments the grand jury handed down to Douglas and Zanotti in December 2007 weren’t supported by probable cause. Insufficient evidence regarding the former leaders’ alleged failure to oversee other law enforcement was also presented to the grand jury, Feeney said, and instructions given on “exigent circumstances” were inadequate.
The grand jury should have also been instructed on justifiable homicide by law enforcement officials, Feeney said.
***
Original post: Unable to make a decision himself, Gallegos has finally done it:
Grand Jury convenes in Moore case
EUREKA -- The Humboldt County District Attorney's Office convened a criminal grand jury Monday to decide whether to bring charges in the death of Cheri Lyn Moore, who was shot by Eureka police after a 2006 standoff.
District Attorney Paul Gallegos has said he was considering such a move for months but because grand jury proceedings are held in secret by law, he did not commit to making such a move. Gallegos said Monday that the judge ruled the court would remain closed, and he consequently couldn't comment any further on the day's proceedings...
No reason to have these as secret deliberations.
No reason... except for the LAW.
ReplyDeleteDon't worry, Rose. You'll get to read all the juicy details when the grand jury completes their deliberations.
No reason except for the law?
ReplyDeleteHardly. Everyone has already testified before the Coroner’s Inquest Jury. The reports are in and Gags could have made a decision. He has chosen not to because it is politically incorrect for him to piss off his handlers and the fringe groups which are his only support now. He knows that he can get a grand jury to indict anything so now can simply say it was their decision.
No - this is a real piece of work. It will probably be dismissed by the judge at a later date because the idiot won’t present it correctly. He will have fucked up the lives of the officers, put the community in a tailspin and in a year, we will still be in the same place.
This guy is a real piece of work and doesn’t give a shit. He makes points by the indictment (like the PALCO suit, even when it is thrown out. Hard working folks are just collateral damage. Man, I can’t wait until Gags completely unravels and we are finally rid of this lying incompetent poor excuse for a human.
He will never unravel, he has no concept that he has done anything amiss.
ReplyDeleteHe will persist as long as the voters choose to tolerate him and his, and as long as no alternative arises. Do you seriously see any viable alternative who is willing to face what Dikeman faced? Gallegos will flood the media, barricade the courthouse steps, and baffle the ignorant with
his impenetrable babble once again. He is never called to account. Where are the CAST documents?
JEEZUS you people know NOTHING about a grand jury. And probably nothing about anything else either.
ReplyDeleteReally? 11:27. I think you underestimate the readership here.
ReplyDeleteThere is no such thing in California law as a "civil" grand jury. California has historically had only "regular" grand juries and every county is required by the California Constitution to have one every year. The regular grand juries have always had two different functions: criminal and civil.
ReplyDeleteOne function, the criminal one, is to hear evidence to determine whether in the grand jury's view it is sufficient to warrant making an accused stand trial. Typically the District Attorney's office decides whom to accuse, on what charges and what evidence to bring to the attention of the grand jury. The District Attorney guides and advises the grand jury during its receipt of the evidence. The grand jury determines whether or not to issue an indictment. As discussed below, this indictment function has fallen into disuse in some, but not all, counties. In addition to standard criminal indictment activity, potentially included within the criminal function is the obligation of every regular grand jury to investigate "willful or corrupt misconduct in office of public officers of every description within the county ... . Whether or not a grand jury's indictment function has fallen into disuse, this is a mandatory obligation and obviously may uncover criminal activity.
The other function, the civil one, is to investigate local government agencies and officials to form a view as to whether they are acting properly. If a grand jury determines they are not, it has various options open to it. The most frequently used option is the presentation of a report outlining the grand jury's findings and recommendations in the matter. Such reports are public and frequently attract media attention. They must be responded to in specific ways by the agencies or elected officials reported upon. Except where an investigation is mandated, the grand jury in its sole discretion decides whether and what to investigate when performing its civil function.
Depending on the nature and severity of any wrongdoing a grand jury finds in its investigations, it can, in addition to releasing a report, request the District Attorney to pursue the matter criminally, issue its own Accusation to start a court.' [PC§§901: Standards of Judicial Administration §17(a) Cal. Const. Art. 1, Sec. 23.3; PC§919(c) Generally; PC§925-933.6; PC§933.05; and PC§919(b)]
Penal Code Section 904.6.
ReplyDelete(a) In any county or city and county, the presiding judge of the
superior court, or the judge appointed by the presiding judge to
supervise the grand jury, may, upon the request of the Attorney
General or the district attorney or upon his or her own motion, order
and direct the impanelment, of one additional grand jury pursuant to
this section.
(b) The presiding judge or the judge appointed by the presiding
judge to supervise the grand jury shall select persons, at random,
from the list of trial jurors in civil and criminal cases and shall
examine them to determine if they are competent to serve as grand
jurors. When a sufficient number of competent persons have been
selected, they shall constitute the additional grand jury.
(c) Any additional grand jury which is impaneled pursuant to this
section may serve for a period of one year from the date of
impanelment, but may be discharged at any time within the one-year
period by order of the presiding judge or the judge appointed by the
presiding judge to supervise the grand jury. In no event shall more
than one additional grand jury be impaneled pursuant to this section
at the same time.
(d) Whenever an additional grand jury is impaneled pursuant to
this section, it may inquire into any matters which are subject to
grand jury inquiry and shall have the sole and exclusive jurisdiction
to return indictments, except for any matters which the regular
grand jury is inquiring into at the time of its impanelment.
(e) It is the intent of the Legislature that all persons qualified
for jury service shall have an equal opportunity to be considered
for service as criminal grand jurors in the county in which they
reside, and that they have an obligation to serve, when summoned for
that purpose. All persons selected for the additional criminal grand
jury shall be selected at random from a source or sources reasonably
representative of a cross section of the population which is eligible
for jury service in the county.
What the hell? Why does PVG want another case which is going to make him look like an idiot?Assuming the GJ does hand down an indictment, what the hell is he thinking? Even in Humboldt, does anyone really think he's going to find 12 people who will agree that this was an unlawful homicide? (Only takes one to hang it) That's assuming it will stay in Eureka, which seems unlikely given the level of publicity and media attention and the DA's use of this during the last political campaign. What a buffon.
ReplyDeleteIsn't it odd that Rose, who has a segment of a grand jury report on her website whose mission is attacking Gallegos, has a problem with Gallegos convening a grand jury?
ReplyDeleteI guess the only grand jury Rose approves of is one that is critical of Gallegos, not one that is actually convened to investigate a serious allegation of police misconduct.
Her hypocrisy knows no bounds.
Nice try, anonymous 1:30.
ReplyDeleteIf your boy could have gone after the cops, he would have. Because he couldn't, but can't disappoint his handlers, he had to use this method, then his hands are clean, and maybe he'll get lucky - in the secret and one sided proceedings, he may be able to get what he wants.
It's a misuse of County resources and an abuse of his power - once again.
That's the way I see it - and I've said it all along - he was between a rock and a hard place. I watched to see if he would do the right thing - and buck his handlers. Once again, he did not.
His handlers? You mean he is a puppet for nefarious, dastardly people with an evil agenda? Who are they?
ReplyDeleteYou are an ignorant c--t Rose.
ReplyDeleteOh Alison, Puhleaaze, young missy. Such language is repugnant (even if expected) coming from the likes of you.
ReplyDeleteRose, these people are all hypocrites. They will cry that they are actually pro-environment, then go home and build illegal buildings, septic systems and greenhouses for their dope. They cry for transparency, all the while accepting cash donations that they do not claim with the FPPC.
ReplyDelete