Monday, December 31, 2007

Happy New Year!



Cheers!
Cheers!
h/ts" KT

More in the POT war

DEA Warning Pot Club Landlords of Possible Property Seizure

SACRAMENTO—The U.S. Drug Enforcement Administration is using a new tactic against Northern California medical marijuana dispensaries.

In recent weeks, DEA agents have sent letters to their landlords warning them of jail time, stiff fines and even forfeiture of their property if landlords allow tenants to peddle pot.

The letters have "definitely caused a panic," said Nathan Sands, a spokesman for the Compassionate Coalition, a medical marijuana education group.


Mercury News - December 15th, 2007 h/t: RS

Related:
Gold From Green In A Gray Area
Clash of the cannabis clinicians

Saturday, December 29, 2007

What does the DA expect to gain from police indictments?

What does the DA expect to gain from police indictments? 12/27/2007

Dear Editor,

I am no longer willing to sit back and only observe the outrageous attempts of our District Attorney to emasculate our law enforcement agencies.

This latest effort to prosecute Eureka Police Department management personnel with serious criminal charges because their officers were confronted and used lethal force to protect themselves from serious injury or death while engaging a deranged person is truly ludicrous.

And yes, if the officers themselves weren’t guilty of an egregious act, then their management (who weren’t directly involved in the scene) somehow must be.

What could possibly motivate DA Paul Gallegos to instigate such litigation? Is it in the community’s best interest too have weaker law enforcement? Does he have delusions of grandeur for gaining personal attention by setting a legal precedent? Is it in retaliation to those who supported his opponent in the last election? Does he have a strong sympathy for drug abusers? Does Humboldt County have so much excess tax revenue that it just has to be wasted somewhere? Or ...?

It shouldn’t take a rocket scientist (although I am one) to understand that something is wrong here. I have a suggestion that should quickly put an end to this nonsense.

Gallegos should volunteer himself as a target for a couple of test firings of Cheri Lyn Moore’s flare gun under conditions replicating the crime scene. If he is unwilling to volunteer for this test, his case should be immediately dropped.

Enough said?

Bob Hansen
McKinleyville


Rose's note: How to contribute to city's defense fund for David Douglas: Send checks made out to the City of Eureka, with David Douglas written in the “for” line, to City Hall, 531 K St., Eureka, CA 95502. Councilman Larry Glass said the checks would only be cashed if needed.

Thursday, December 27, 2007

R.I.P.


Benazir Bhutto.
source



Remembering the murdered Benazir Bhutto by David Ignatius, 12/27/2007
Try to imagine a young Pakistani woman bounding into the newsroom of the Harvard Crimson in the early 1970s and banging out stories about college sports teams with the passion of a cub reporter. That was the first glimpse some of us had of Benazir Bhutto. We had no idea she was Pakistani political royalty. She was too busy jumping into her future to make a show of her past.

I saw this effervescent woman many times over subsequent years, and I never lost the sense of her as an impetuous person embracing what was new — for herself and for her nation. I remember encountering her once when she was a graduate student at Oxford, shaking up the august and occasionally somnolent Oxford Union debating society as its president. She was wearing a Rolling Stones T-shirt, the one with the sassy tongue sticking out, and I recall thinking that Pakistani politics would never be the same once she returned home....

Wednesday, December 26, 2007

Willits Council votes to repeal Measure G


Pretty interesting. Three stories...

At a special meeting, the Willits City Council voted to send a letter to the Mendocino County Board of Supervisors urging them to place a measure on the June 2008 ballot to repeal Measure G and in support of the recently passed county ordinance restricting marijuana cultivation.

Few members of the public attended the Thursday, December 20 evening meeting and only Vice Mayor Larry Stranske, Councilman Greg Kanne and Councilwoman Tami Jorgensen were present representing the council. The vote was unanimous.

The meeting notice was posted at Willits City Hall on Wednesday and met the minimum notification requirements of the Brown Act. The special meeting was considered necessary to allow Willits to provide input to the County Board of Supervisors prior to its meeting on January 8.

One member of the public spoke in opposition to the proposed council action, one spoke in support and one attempted to discuss another matter but was silenced when he refused to stick to the topic.

Measure G passed in 2000 with 58.5 percent of the votes. The measure basically instructed county government to ignore marijuana use by anyone growing or using less than 25 plants whether for medical or recreational use. About 71 percent of the county registered voters cast ballots in the 2000 election...
Read the whole story
By Linda Williams/TWN Staff Writer
Article Launched: 12/26/2007 10:50:44 AM PST
***

'Pot docs' issuing 'Get Out of Jail Free' cards
...While most think of cancer and AIDS when hearing of medical marijuana, in recent years most marijuana recommendations have been issued for far less serious illnesses by a small cadre of "pot docs." Medical marijuana recommendations seem to be evolving into Get Out of Jail Free cards rather than treatment for serious medical conditions....
***

Medical marijuana cards

There are 17,710 valid medical marijuana cards issued for patients and primary caregivers in California, according to the California Department of Health Care Services as of November 21, 2007. The cards are administered through each county's public health department.

As of June 2007, there were 562 valid patient-only Mendocino County marijuana cards and an additional 198 primary caregiver county cards, according to the Mendocino Department of Public Health.

***

I'm just wondering what this all means. It looks like the 215 scammers are about to ruin it for all the legitimate "medical users." But that's if you still believe that that was what 215 was all about. Most of the people I see with 215 cards are young healthy college students. But people are tired of grow houses, fires, and the criminal element, tired of people using 215 to grow and then sell, making huge untaxed incomes.

So what is the solution? Bandaid approaches, trying to fix what is wrong with 215? Or legalization/decriminalization? And is that really a solutions, or are there unimagined consequences?

Humboldt got a 99 plant limit, with a 100 sq ft caveat - how did that transfer into whole house grows, xeroxed 215 cards, and the situations where 5 215 cards tacked on the wall push past all those limits?

With what's happening in Arcata, and now this in Mendocino - I'm just wondering.
***
Looks like Oregon has a six mature plants and up to 24 ounces of usable marijuana limit, and "a well thought out policy - seems to address just about anything & everything CA never thought of. The government website says Oregon is often contacted by other states wanting to use the OMMA as a model." ht: RS

Monday, December 24, 2007

Charges send 'shock waves' across police profession

State police chiefs association president responds to indictments

Charges send 'shock waves' across police profession

As the president of the California Police Chiefs Association, Richard Word hears lots of things from around the state.

But, Word said he's never heard of commanding officers being criminally charged for the decisions they make, like the case just getting underway here with former Eureka Police Chief David Douglas and Eureka Police Lt. Tony Zanotti, who are facing involuntary manslaughter charges.

Police departments and chiefs throughout the state have taken notice, and will follow the case against Douglas and Zanotti closely, he said.

”This has really sent shock waves throughout departments in the state,” Word said. “We're shocked. The e-mails are flying.”

The Humboldt County District Attorney's Office officially announced Dec. 10 the criminal grand jury convened to look into the 2006 shooting death of Cheri Lyn Moore indicted Douglas and Zanotti on involuntary manslaughter charges for their decision making roles in the incident.


Related:
April 27, 2006 SCENES FROM A SHOOTING - friends, bystanders, activists, police and the death of Cheri Moore
September 21. 2006 CAUSE OF DEATH - Questions answered and questions raised in the Cheri Lynn Moore inquest

Immediate aftermath:
ER Music, shots, then silence 4/15/2006
ER Investigation launched into police involved shooting 4/15/2006
ER Police respond to fatal shooting of Eureka woman 4/16/2006
TS Eureka shooting tragedy runs deep 04/16/2006
ER In aftermath of shooting, many questions remain 4/17/2006
TS Questions swirl around standoff shooting 04/18/2006
TS Haunted by the past 04/19/2006
ER Group gathers to remember Cheri Moore 4/19/2006
TS Police remain tight-lipped on shooting 04/20/2006
TS Lethal Weapon - Was it “just a flare gun”? 04/21/2006
ER Dispatch logs of fatal shooting made public 4/21/2006
ER Reserve judgment on shooting; question about timing lingers 4/23/2006
TS 'Force options' 04/24/2006
TS Shooting damage 'profound' 04/25/2006
TS City won't hand over 911 tapes 04/26/2006
TS 'Parallel' options 04/28/2006
ER Preliminary results indicate officers followed protocol4/28/2006
TS Shooting: ”Legal and lawful” 04/28/2006
ER Meeting about police review coalition turns to discussions of April 14 shooting 4/28/2006
ER Cheri Moore's son speaks out 4/28/2006
ER Idea of Police Review Coalition discussed with City Council subcommittee 4/29/2006
ER Moore shooting headed for Grand Jury? 5/25/2006
ER Civil rights suit filed in standoff death 6/14/2007

The Inquest:
ER Police chief said he stands by his officers' actions in shooting 7/21/2006
ER Coroner's inquest into police-involved shooting rescheduled 7/24/2006
ER MOORE INQUEST MAY BE TELEVISED 8/30/2006
ER Inquest should include still photos 8/30/2006
ER Coroner's inquest into death of Cheri Moore will start today 9/12/2006
ERWITNESSES TESTIFY AT INQUEST 9/12/2006
TS Inquest testimony begins today - 11 jurors sworn in for rare court proceeding 09/12/2006
TS Neighbors, friends and SWAT commander testify during inquest's second half 09/12/2006
TS The last inquest - Moore shooting circumstances far more complicated 09/12/2006
TS Witnesses begin testifying in Moore case 09/12/2006
TS Witnesses from the First Day of the Moore Inquest 09/12/2006
TS 'I was scared' - Officers who fired fatal shots testify 09/13/2006
TS Incident commander testifies at coroner's inquest 09/13/2006
TS Witnesses from the Third Day of the Moore Inquest 09/14/2006
ER NINE MORE TAKE THE STAND 9/14/2006
TS Officer, chief take stand in Moore inquest 09/14/2006
ER Final nine testify at coroner's inquest 9/15/2006
TS Jury makes three recommendations after inquest 09/15/2006

And then the tortuous delay fraught with threats - Rumors, Leaks, and the path leading to a Grand Jury Indictment:
ER A grim anniversary passes without resolution 4/13/2007
ER Closure necessary in Cheri Moore shooting 4/13/2007
ER Civil rights suit filed in standoff death 6/14/2007
TS Gallegos: Retrial will 'likely' delay Moore decision 07/13/2007
TS Countdown to a decision 07/23/2007
ER Moore case headed to grand jury? 9/11/2007
ER DA considers grand jury investigation of Cheri Moore's death 10/12/2007

The indictments:
TS Police Chief hopes grand jury proceedings are made public 11/08/2007
TS Grand Jury will indict two police commanders, says source (with archived video) 12/05/2007
TS Untested waters: Case against police commanders likely to hinge on 'criminal negligence,' expert says 12/06/2007
TS What is a criminal grand jury?12/06/2007
TS Who owns the 'facts'? 12/11/2007
TS EPD, other law enforcement turn out to support Zanotti, Douglas 12/11/2007
TS Arraignment in Moore case postponed (with video) Dozens show up to support former chief, lieutenant 12/11/2007
TS Moore Case Facts 12/11/2007
TS Gallegos to handle police prosecution 12/13/2007
link
TS Dikeman vs. Gallegos, Round 3? 12/16/2007
TS City could face hefty bill for Douglas' defense 12/18/2007
ER City to assist with costs of former police chief's defense 12/18/2007
TS Ex-chief garners $75K for his defense 12/21/2007
TS State police chiefs association president responds to indictments 12/24/07
TS TEXT OF THE INDICTMENT 1/5/2008
TS Key facts in Moore case 1/5/2008
TS Timeline of Cheri Lyn Moore case 1/5/2008
TS Key witnesses' past testimony 1/5/2008
TS List of grand jury witnesses 1/5/2008
TS Commanding police officers didn't testify before jurors 1/5/2008
Grand Jury papers to be unsealed in Moore case 2/20/08

Letters:
ER Ltr Everyone needs to be treated with compassion, respect 4/19/2006
ER Ltr Don't rush to judgment in police shooting 4/19/2006
ER Ltr Humboldt County's dedicated officers deserve better 4/20/2006
ER Ltr Joseph Humble should not have passed judgment 4/20/2006
ER Ltr Writer ashamed of police action in Friday shooting 4/21/2006
ER Ltr Patience, kindness would have worked in police shooting 4/21/2006
ER Ltr Was there quick justice in shooting of Eureka resident? 4/26/2006
ER Ltr Accounting of Cheri Moore killing necessary 5/13/2006
ER Ltr Why we're blessed to have Paul Gallegos
ER Ltr Where's the outrage over this death? 5/31/2006

TS Anti-establishment publicity stunt 12/18/2007
TS http://www.times-standard.com//ci_7786161 12/22/2007
ER Ltr Police officers put their lives on the line for public's safety 12/20/2007
TS Blue lights can show support 12/21/2007
ER Ltr What does the DA expect to gain from police indictments? 12/27/2007
ER Ltr “Dear Chief Garr Nielsen and the EPD,

Saturday, December 22, 2007

Friday, December 21, 2007

DA files murder charge in Alderpoint shooting

From the Eureka Reporter: The Humboldt County District Attorney’s Office charged James Franklin Harrison, 54, with murder Friday. The charge stems from the shooting of Larry Ray Wellman, 57, on Oct. 14 in Alderpoint.

Wellman was shot multiple times after an altercation with Harrison, according to a news release from the Humboldt County Sheriff’s Office. Ten days later, Wellman died at a Redding hospital.

Harrison has been in custody at the Humboldt County Correctional Facility since Tuesday on unrelated misdemeanor warrants. He will answer to the charges at an arraignment scheduled for Wednesday, the release stated.

TS Man involved in October shooting charged with homicide

Background:

ER 10/15/2007 Injured men sent to hospital
A man was found shot and another man was found severely beaten in Alderpoint on Sunday.

Shortly after 4:30 Sunday morning, sheriff’s deputies were sent to investigate a report of a gunshot victim on Steelhead Road in Alderpoint, according to a Humboldt County Sheriff’s Office news release....


ER 10/18/2007 Man shot in Alderpoint identified, in critical condition
A man shot early Sunday in the Alderpoint area remained in critical condition Wednesday in a Redding hospital — but investigators said they have figured out who he is.

A news release issued Wednesday by the Humboldt County Sheriff’s Office said the man, previously identified only as “Tosh,” has been positively identified, but his name was being withheld until family members were informed of his condition....


ER 10/22/2007 Man shot in Alderpoint dies
If charges are filed in the Oct. 14 Alderpoint shooting case, they got a lot more serious late Wednesday night after the man shot four times with a .22-caliber rifle died from his injuries.

Larry Ray Wellman, 57, was pronounced dead at Mercy Hospital in Redding at 11:30 p.m., said Humboldt County Coroner Frank Jäger, who dispatched Deputy Coroner Charles Comer Thursday to pick up the body and take it to Sonoma County, where an autopsy was scheduled today.

A news release issued Thursday by the Humboldt County Sheriff’s Office alleged Wellman was shot by 54-year-old James Franklin Harrison, who was reportedly assaulted several times by Wellman in the hours leading up to the shooting.


TS 10/23/2007 Names released in Alderpoint shooting
The name of the shooting victim in an Alderpoint altercation earlier this month and the alleged shooter were released Monday by the Humboldt County Sheriff's Department....

ER 10/26/2007 Alderpoint shooter identified
Larry Ray Wellman, 57, was shot multiple times by James Franklin Harrison, 54, after Wellman repeatedly assaulted Harrison, stated a news release issued by the Humboldt County Sheriff’s Office... “Witnesses stated that during the night, Larry Wellman assaulted James Harrison several times,” the release stated. “At about 4:30 a.m. on Oct. 14, Harrison shot Wellman four times with a .22-caliber rifle.”

Sheriff’s deputies were called to the scene and found Wellman, with multiple gunshot wounds, lying on the ground outside the residence.

Some time later, investigators discovered Harrison lying under bushes away from the residence. A news release issued Oct. 15 stated he had sustained injuries “consistent with a severe beating.”... “It’s going to be up to the DA’s Office to determine if a crime has been committed,” Godsey said, “and if so, what that crime is and who committed it.”...


TS 10/26/2007 Man dies week after Alderpoint shooting
The man shot multiple times after fighting with another man near Alderpoint has died, the Humboldt County Sheriff's Department said Thursday. Larry Ray Wellman, who was shot during an altercation on Oct.14...

Blue lights can show support


Great Idea. Count me in... Letter to the Editor:

There have been quite a few letters to our local newspapers discussing the indictment of Eureka's previous police chief and lieutenant and the desire to publicly show them our support. May I suggest that we show them our support by displaying a lighted blue lamp in a front window of our homes until the officers' ordeal is over? By displaying the lighted blue lamp, the officers will see public support wherever they go in this community. In this small way, we can show support to those we rely upon to provide for our safety.
John Burke
Eureka


Rose's note: How to contribute to city's defense fund for David Douglas: Send checks made out to the City of Eureka, with David Douglas written in the “for” line, to City Hall, 531 K St., Eureka, CA 95502. Councilman Larry Glass said the checks would only be cashed if needed.

Writers join those displaying blue lights Signed by Ernest Cunningham and 13 neighbors, members of the Bayshore Mall Walkers

PALCO expanding its options

Interesting development ...PALCO and its consultants have had an opportunity to talk with the county planning staff, supervisors and residents following the release of its original organization plan... ready to work with the county and floated an idea for a higher-density development project on its lands to take advantage of proposed land-use policy changes under review in the county’s general plan update process....

Looks like things are going to get even more interesting.

And, in the TS Mendocino Redwood in bid for Palco

Thursday, December 20, 2007

City to assist with costs of former police chief's defense

City to assist with costs of former police chief's defense
Following closed session Thursday, the Eureka City Council announced its approval of up to $75,000 in defense costs for former Eureka Police Chief David Douglas...

...The resolution passed by the council states that available information indicates Douglas was acting within the scope of his employment during the events that led to the indictment and acted in good faith without actual malice in apparent interests of the city.

“The decision was a difficult one to make,” Councilmember Jeff Leonard said.

It wasn’t the problem of stepping up to defend Douglas that made the decision difficult, he said, but a lack of available city funds in a case where defense fees could top more than $250,000.

“That’s the kind of rainy day that could deplete our general fund reserve,” Leonard said.

If costs approach the $75,000 limit before the case is resolved, the matter will return to the City Council for further consideration.

In addition to the appropriation of funds, a special fund is being established to aid in the payment of legal fees for Douglas’ defense. Donations can be sent to the city of Eureka.

“The city is definitely going to need some help on this one,” Councilmember Larry Glass said.


TS Ex-chief garners $75K for his defense 12/21/2007

Now on Drudge...

U.S. Senate Report: Over 400 Prominent Scientists Disputed Man-Made Global Warming Claims in 2007 - Senate Report Debunks "Consensus"
Report Released on December 20, 2007
From the Drudge Report
Link to the Senate Report:

There's alot to read here, and lots and lots of links...here's just a sampling: Background: Only 52 Scientists Participated in UN IPCC Summary ....The over 400 skeptical scientists featured in this new report outnumber by nearly eight times the number of scientists who participated in the 2007 UN IPCC Summary for Policymakers. The notion of “hundreds” or “thousands” of UN scientists agreeing to a scientific statement does not hold up to scrutiny. (See report debunking “consensus” LINK) Recent research by Australian climate data analyst Dr. John McLean revealed that the IPCC’s peer-review process for the Summary for Policymakers leaves much to be desired. (LINK) (I'll put in those links for ya in a bit)
***

Highly recommended: Slip on over to ΛΕΟΝΙΔΑΣ's Fighting In The Shade for Swedish Blogger Kurt Lundgren's post (translated)

Wednesday, December 19, 2007

Watching Paul

I'm pretty sure that if the justices laugh when you are presenting your "case" it isn't a good thing. And I think you are supposed to argue points of law and not campaign slogans, but ya know... whaddu I know.

Today Gallegos argued his "case" before the First District Court of Appeals. I kinda thought Ken Miller would be there to lend him moral support. But no.

Back in 2005, Gallegos said that when the judge tossed his precious Palco suit, the judge sent a signal that Pacific Lumber was "totally immune from lying. People out there are getting permits all over the place, thinking they have an obligation to tell the government the truth," Gallegos said. "This is not the law, in my opinion, and if am wrong, it is an outrage because it rewards deceit." This is all part of the "Right to Lie" talking points he was given.

That's essentially the same thing he said today, that unless the demurrer was overturned "These proceedings will never have legitimacy... Because anyone can commit fraud ...Because people cannot seek redress, if they can't no one can..." ...and more along those lines. I'll post whatever transcripts I can get hold of, my notes are woefully incomplete..

The Court of Appeals now has 90 days to render a decision. God help them, now that they know that if they rule the wrong way the whole system will disintegrate.

Catching up

Ten years later, suspect in Eureka murder faces trial
A preliminary hearing took place at the Humboldt County Courthouse Tuesday for Yohan Jose Lopez, who has been suspected of murder since 1998.

The hearing was held to determine if there is probable cause, which is enough evidence to warrant a trial by jury. Judge J. Michael Watson presided over the hearing.

Lopez is charged for the murder of 18-year-old Eureka resident Ryan Mathew Dunn. The victim was shot in front of Figueiredo’s Video store on West Harris Street on Jan. 4, 1998.

At the hearing, prosecutor Deputy District Attorney Allan Dollison presented a key witness, Yurok Tribal Police Chief David Parris....

***
Arcata resident charged in alleged homicide of nephew
Baum charged with involuntary manslaughter
***
Teen arrested in connection to homeless beating
***
Former Arcata restaurant owner sentenced to prison
Arcata woman sentenced to prison for identity theft scheme

McKinleyville resident Christina Kyeonghee Kim was sentenced Monday to four-and-one-half years in prison for an identity theft scheme that defrauded victims of more than $1.1 million over seven years, announced United States attorney Scott N. Schools in a news release.

Kim pleaded guilty to 47 counts of bank fraud and one count of mail fraud in March 2007. Attorney Stacey Luck from the Department of Justice, Criminal Division, prosecuted the case. Assistant U.S. attorney Stacey Geis from the Northern California District assisted on the case....

Tuesday, December 18, 2007

City could face hefty bill for Douglas' defense

So much to say about this one. So little time: City could face hefty bill for Douglas' defense

EUREKA -- If the City Council decides to pick up the bill for former Police Chief David Douglas' legal costs, one former prosecutor estimates it could reach the $1 million mark for the city's already-pinched general fund budget.

The Humboldt County District Attorney's Office announced last week that a criminal grand jury convened to look into the 2006 shooting death of Cheri Lyn Moore indicted Douglas and Eureka police Lt. Tony Zanotti on charges of involuntary manslaughter.

Legal experts said the indictments might be a first, as they target the incident's commanding officers rather than those who shot Moore.,,,

...Zanotti, who is being represented by Redwood City attorney William Rapoport, is covered by the Peace Officers Research Association of California Legal Defense Fund, which covers most EPD officers. The extent of that coverage isn't exactly clear.

Rapoport confirmed Monday that he was being paid by the legal fund “so far,” but declined to elaborate. He said there is no telling what his final bill might be, as the case could be thrown out in the coming weeks or end in a lengthy trial.

The case of who is covering Douglas, represented by local attorney Bill Bragg and the Santa Ana firm of Ferguson, Praet and Sherman, is a bit more complicated.

Councilman Jeff Leonard said the shooting of Moore occurred at a time when Douglas was not covered by the association's legal fund, leaving it unclear who will pick up the bill.

Bragg said Monday that he was under the impression the city of Eureka “has accepted the responsibility to pay for Mr. Douglas' defense.” But, Eureka City Manager David Tyson indicated it was not a done deal.

Tyson said in civil suits, the city is obligated to pick up the bills for legal defense funds, which are paid through the city's insurance carriers. Criminal matters, like the case of Zanotti and Douglas, are different, Tyson said, and the council has the choice of whether to cover the costs.

”I think it's a choice because the council, not just our council but any council or board of supervisors, would want to have the opportunity in a criminal matter to hear at least some of the facts and make an informed decision on whether they want to provide a defense,” Tyson said.

The determination the council will likely have to make, Tyson said, is whether Douglas was acting within the boundaries of his position as police chief. Tyson said the city has no insurance carrier for criminal cases, and any money it offers for Douglas' defense would come directly out of the city's general fund.

City Attorney Sheryl Schaffner said any discussions regarding funding Douglas' defense would be held in closed session, and would not be made public until a final decision is made by the council. The council has a closed session agenda item at Thursday's meeting about Douglas' case.

If the council did decide to pick up Douglas' tab, Schaffner said a budget adjustment would be in order to ensure the funds were available.

And that could be a hefty sum, said local attorney Jeffrey Schwartz, a former prosecutor in the district attorney's office.

Schwartz said an attorney of Bragg's caliber probably demands between $300 and $400 an hour for criminal defense, and estimated Douglas' defense team would put in at least 2,000 hours on the case, assuming it goes to trial. On the low side, that comes out to $600,000. But, Schwartz said that is far from the total.

In addition to straight attorney fees, Schwartz said, in a case like this especially, the defense is going to need experts, and lots of them. Not only do each of the experts command fees, Schwartz said, but there are also the travel, hotel and meal expenses associated with attorneys traveling the country to speak with them.

”I'd say, minimally between both (fees for attorneys and experts), you're talking a million bucks easy,” Schwartz said.

Schwartz also said it is likely, once news of the indictments hits the wires and is widely disseminated, police chiefs and departments around the country will start up a defense fund, fearing a guilty verdict could set a precedent for tactical situation police commanders across the country.

Officers at a Dec. 10 court hearing, where Zanotti and Douglas appeared before a judge for the first time, said no such fund was in the works. An arraignment, where the officers will enter pleas, is set for Feb. 21.

While Schwartz was hypothesizing about what a full blown trial might cost in legal fees, Douglas' lawyers were readying to attempt to ensure it doesn't come to that.

Bragg said Monday he received word from the court that the grand jury transcripts had been compiled, and he would pick them up today. Those transcripts, Bragg said, will have a lot to say about how Gallegos lead the grand jury through the proceedings, and consequently about whether this case will make it to trial.

”Chances are there will be some things we will want to challenge pre-trial,” he said. “Given the DA's unique theory, which, frankly, I don't know what his theory is in this case, if I were a betting man, I would bet we are going to take a very hard look at this (transcript) and probably file a motion of dismissal.”

If the case does make its way to trial, Schwartz said law enforcement officers from around the country will likely pitch in $100 here and $50 there for a legal defense fund, which might not be bad news for Eureka.

”Really, the city should be the one out there trying to rally police chiefs,” he said.

***

Rose's note: How to contribute to city's defense fund for David Douglas: Send checks made out to the City of Eureka, with David Douglas written in the “for” line, to City Hall, 531 K St., Eureka, CA 95502. Councilman Larry Glass said the checks would only be cashed if needed.

Monday, December 17, 2007

OpenID Commenting

After just two short weeks of testing on Blogger in draft, OpenID commenting is now available for all Blogger blogs. This means that you can leave authenticated comments using your blog URLs from OpenID-enabled services such as WordPress.com, LiveJournal, and AOL Journals, or with their AOL/AIM accounts. Here's more.

Followup article on TPZ in ER

.
Timberland use ordinance forced back to square one
A county land-use ordinance that could have been in place 30 days after its passage is now, in effect, in pieces and back to the drawing — and planning — board.

The Humboldt County Board of Supervisors last Tuesday voted 4-1 to discontinue timberland production zone ordinance discussions and to put the proposed TPZ revisions back into various county committee and commission deliberations about the Humboldt County General Plan Update.
Read the full article
cross posted on TPZwatch

Sunday, December 16, 2007

What's your take?

What do you get out of this My Word from Sunday's Times Standard? An attempt at humor? Successful or unsuccessful? An attempt to revive Gallegos' mythological stature - keep the divisive climate alive? Is he deriding his former boss or kissing up?

Worth Dikeman vs. Paul Gallegos, Round 3?

It is time for Worth Dikeman to come back to Humboldt County to battle Paul Gallegos in the third and final bout in the political arena. this time that arena would be the courtroom of the Cheri Moore homicide, where two high-ranking Eureka Police Department officers will be on trial for involuntary manslaughter.

There are some problems to get Worth back. They are not insurmountable. Worth would never be a defense attorney. He bleeds DA blood. Never say never. It would be a one-time shot defending his beloved Eureka Police Department.

During the last bout with Gallegos, Worth Dikeman had two EPD officers in his corner - his campaign managers. This time he'll again have two more EPD officers in his corner. It would be like the last election all over again.

The second insurmountable problem is Dikeman is working on his pension benefits at the El Dorado County DA's office. At his current annual salary of over a hundred grand, it would take him five years to make just under $600,000. But as counsel for one of the EPD officers, he'll make that in a year. In two years, when the case is done and over and tried, he'll have made close to a mil. Not bad - two years work as defense attorney defending police officers in exchange for 10 years pay as a DA defending police officers.

You say, "A million bucks? No way." You bet, a million bucks. Do you know how much money will be thrown at the defense of this case? Not only is the city and police union obligated to pay for the defendants (which is chump change), but also this indictment will light the fire of police chiefs and their underlings all around the country. We'll see the money coming in like it was the defense of Barry Bonds.

Here's how it works for Worth to try this case. With all that money coming in, the temptation ultimately will be to bring in the dream team, something similar to barry bonds' recent six-lawyer team.

But it would be a big mistake to bring in an out-of-town dream team to take on Paul Gallegos, who will try this case himself, if I know Paul Gallegos. (Disclosure: I know Paul Gallegos). These two officers need one thing, Worth Dikeman.

Instead of paying a six-lawyer dream team and $10 million, Worth can do it for a million. Worth will also need a million for his support team of out-of-town experts in mental health, SWAT tactics, pathology, forensics, ballistics and psychology. he'll need investigators, law clerks, law assistants, and interns.

And the most important person of all, he'll need a jury selection expert. This case is not about lawyering; it is about politics and demographics. It is Humboldt County's version of pro-life/pro-choice, Iraq war/no war, gay marriages/no gay marriages, and global warming/global warming Fraud. Some of our local versions include Arkley/Glass, Marina Center/Not, Higgins/Ollivier and, of course, Gallegos/Dikeman.

During the two previous bouts, there was one thing consistent with Dikeman: voters voted for him, just not hte majority of voters. This time Gallegos needs more than a majority. He needs all of the votes of the jurors and Dikeman only needs one.

In Round Three where a win for Gallegos is 12-0 and a win for Dikeman is anything else, all Dikeman needs to do is pick 12 jurors reflective of the views of Humboldt County.

If the trial goes forward with a representative sampling of the voting public of Humboldt County, Dikeman wins. This county is split on just about every liberal/conservative issue out there, such as police shootings, TPZ, rails and trails, chain stores and above all, Cheri Moore.

A jury consisting of a cross section os our community will split probably favoring Gallegos, just as the voters favored Gallegos. But a split is a win for Dikeman and the officers.

Like another like-minded person who won without the popular vote, Dikeman, too, can win without the majority of the people he is trying to convince. But it will be a win for Dikeman he has sorely sought.

Having the last victory will mean alot to him, and we can get Worth back into our county, retired, living on a good public pension plus a million dollars to spread around.

___
Jeffrey {yougofree.com} Schwartz, a {very briefly} former deputy district attorney {who plea bargained more cases than he could shake a stick at}, is an attorney practicing in Arcata {or trying to}. ...he notes that "Since writing this piece, it appears that Lt. Zanotti and Chief Douglas have retained attorneys. One is local, one is not. Both are top-tier attorneys. One of them needs Worth Dikeman on his team.
****

Once I get past the obscenity of someone like Schwartz invoking Dikeman's name, it is an interesting, though seriously skewed, piece.

You think we have problems?

Nothin' compared to this.
h/t: KT

Saturday, December 15, 2007

Why is this on Craig's List?

Grand Jury will indict two police commanders EURKEA CALIFORNIA - 2:32pm
EUREKA -- The criminal grand jury convened to look into the death of Cheri Lyn Moore will hand up indictments against former Eureka Police Chief David ...
losangeles.craigslist.org/wst/pol/499782478.html - Similar pages

And who put this on wikipedia?
Eureka, California - Wikipedia, the free encyclopedia
A distraught mother, Cheri Moore, on the anniversary of her son's suicide, ... EPD responded to a local homeless shelter for a call of Cotton fighting other ...
en.wikipedia.org/wiki/Eureka,_California - 173k - Cached - Similar pages

Officers may be tried together

The defense's view

In a statement issued to police chiefs and sheriffs across California, defense attorney Bruce Praet of Santa Ana-based law firm Ferguson, Praet & Sherman said his firm doesn’t view the indictment against former Eureka Police Department Chief David Douglas and EPD Lt. Tony Zanotti as any sort of precedent. Praet is defending Douglas.

Praet said in the words of one Supreme Court justice, “Even a semi-competent district attorney can get a grand jury to indict a peanut butter sandwich.”

Praet was making the point that the criminal grand jury’s decision to indict Douglas and Zanotti was based solely on evidence presented by Humboldt County District Attorney Paul Gallegos, and is therefore one-sided.

The EPD lieutenant and former chief remain, by law, innocent until proven guilty. At this point, an indictment only means that Gallegos successfully presented his case, without the defense being present.

Gallegos said on Thursday he’s confident both Douglas and Zanotti will be represented by highly trained and expensive attorneys.

Praet worked as a police officer for 10 years and has been defending law enforcement personnel for the past 25 years. The Police Officers Research Association of California has appointed William Rapoport, through its Legal Defense Fund, to represent Zanotti.

The city of Eureka will pay for Douglas’ attorney fees, according to a “Client Alert” memo from Praet. It is unknown how much the case will cost taxpayers through the city budget in the end.

There is a chance the lieutenant and retired chief will never go to trial. The defense plans to present its case to the jury and request a motion to dismiss it based on insufficient evidence.

It is nearly a guarantee that Douglas and Zanotti will be tried together, Rapoport said.

The decision is ultimately up to the court and — because the officers were involved in the same incident, and the same witnesses and evidence will be presented — it will most likely rule to try the case as one, he said.

Gallegos said on Thursday it would be easier for him to prosecute both Douglas and Zanotti in one trial. Interestingly, Praet would also like the trials to be combined because the evidence presented by each defense will strengthen his case, he said.

Gallegos, on the contrary, said he believed it would strengthen the defense to split the trials up because it would make his job more difficult — as two trials would exhaust the staff in the District Attorney’s Office.

Gallegos was asked how prepared his staff is to deal with this high-profile case, but he didn’t return a comment by deadline.

Praet said he firmly believes Gallegos will not win this legal battle and succeed in setting a new precedent for law enforcement. That statement was the purpose of his memo, which answered the many inquiries he’s recently received from many police chiefs in California and parties in law enforcement outside the state, he said.


More:
Police indictments raise basic questions
***
Rose's note: How to contribute to city's defense fund for David Douglas: Send checks made out to the City of Eureka, with David Douglas written in the “for” line, to City Hall, 531 K St., Eureka, CA 95502. Councilman Larry Glass said the checks would only be cashed if needed.
***
I've assembled as complete a list of articles covering this case as I can, you'll find them at the end of a number of the related posts, just click on the label below.

Thursday, December 13, 2007

Question w/Update:

Is there a Defense Fund set up for Douglas and Zanotti?

Update:
City to assist with costs of former police chief's defense
Following closed session Thursday, the Eureka City Council announced its approval of up to $75,000 in defense costs for former Eureka Police Chief David Douglas...

...In addition to the appropriation of funds, a special fund is being established to aid in the payment of legal fees for Douglas’ defense. Donations can be sent to the city of Eureka.

.
Further update: Two funds being set up...
"...Chris Crawford said he and a group of citizens are in the process of creating a fundraising organization that will launch a public relations campaign in support of Douglas and Zanotti. Lots of people, Crawford said, don't support the indictments.

”It ain't just the cops,” Crawford said. “It's Joe and Jane Six Pack and a whole bunch of other people that are upset at this perversion of justice.”

The new organization, which Crawford said will launch its Web site -- www.freetheepd2.com -- shortly, aims to run some advertisements and hold some rallies to pledge support for the two officers. The organization will be fielding donations, Crawford said, and whatever is left over from the public relations campaign will be put toward the officers' legal defense fund.

Crawford was careful to say his organization is not endorsed by EPD nor the Eureka Police Foundation.

”We're just doing it because it's the right thing to do,” Crawford said.

The Eureka City Council also decided Thursday to form a fund to help with Douglas' legal bills, in addition to giving the former chief $75,000 from its general fund, with the option of contributing more down the road.

As the case moves toward trial, one thing is for sure: Many eyes will be watching.

”We're paying close attention,” Word said. “It's really concerning to chiefs across the state. We're certainly wishing the best for (Douglas) and Lt. Zanotti -- this is just unprecedented.”

How to contribute to city's defense fund for David Douglas:

Send checks made out to the City of Eureka, with David Douglas written in the “for” line, to City Hall, 531 K St., Eureka, CA 95502. Councilman Larry Glass said the checks would only be cashed if needed."
State police chiefs association president responds to indictments

Gallegos to handle police prosecution

Gallegos to handle police prosecution

If former Eureka Police Chief David Douglas and Lt. Tony Zanotti stand trial, District Attorney Paul Gallegos will be the one prosecuting them.

”It's going to be a very, very tough case,” Gallegos said Wednesday in his first public comments on the case since convening the criminal grand jury last month. “It's very divisive, and it would be unfair in my eyes to put it off on someone else. I figure those sort-of-miserable cases should flow to me. That's the way it should be.”

Gallegos' office officially announced Monday that the grand jury had returned indictments of involuntary manslaughter against Douglas and Zanotti stemming from their decision-making roles in the 2006 shooting death of Cheri Lyn Moore.

Moore, who had a history of mental illness, was shot April 14, 2006, by Eureka police officers in her apartment at Fifth and G streets after a two-hour standoff in which she brandished a flare gun, threw items from her second-story apartment and threatened to burn the building down.

Police have said they believed Moore had put down the flare gun when the decision was made to storm her apartment. When officers came face to face with Moore, who had the flare gun pointed at them, they shot her multiple times. Neither of the shooters were indicted.

On the heels of comments from the defense team and from Eureka Police Chief Garr Nielsen inquiring about how Gallegos led the grand jury proceedings, Gallegos said he is confident all parties involved were treated fairly.

”The intention was to be fair to all parties, to present evidence in a fair and impartial way for review by a grand jury,” Gallegos said. “That certainly was my endeavor. Certainly it will be open to intense scrutiny. Whether I did or not, certainly the defense will say I did not, and it will be up for the court to decide.”

After working through his first criminal grand jury experience as a prosecutor, Gallegos said if one thing's clear, it's that there will be nothing easy about this case.

”I am confident that it is going to be a tough case for the jurors, for us and for the community,” he said.

The law enforcement community is taking notice as well.

Ron Cottingham, president of the Police Officers Research Association of California, said this is the first time in his three decades in law enforcement that he has heard of commanders being indicted for giving orders or direction. The indictments, he said, set a scary precedent for officers, who are often Monday-morning-quarterbacked for their decisions.

”If anything adverse happens from this, everyone will probably have to reevaluate their tactical processes,” Cottingham said. “It's another situation where the decisions officers have to make on the street at the time of conflict -- when there's just a myriad of things going on -- are fuel for everyone who is going to sit back and second guess everything that was done.”

For his part, Gallegos said he doesn't foresee a problem with his office's ability to work with EPD in the future.

”We work with everyone, and that's the way it is,” Gallegos said. “Absolutely our job is to be independent. It's also to monitor law enforcement activities. ... It's a mystery to me that people think there's this relationship that we don't ever look at what (officers) do, and say, 'You've done something wrong.' That's not our legal system -- that's antithetical to our legal system. That would put individuals and an organization above the law.”

Gallegos emphasized he is not anti-law enforcement and said he believes the commanders will receive a fair trial in Humboldt County.

”(The community) isn't anti-law enforcement,” Gallegos said. “There are certainly some people that are, but that's not the community. People understand the need for it, they respect law enforcement, they defer to law enforcement, but they have certain expectations. ... I think the defendants will get a fair shake in this community.”

The district attorney also took a moment to caution that, in this case and all others, defendants are innocent until proven guilty.

”The burden of proof is on us,” he said, adding he understands that the grand jury indictments have added fuel to some of his critics' fire.

”If my doing my job and fulfilling my legal responsibility to this community makes you unhappy, then you are going to be unhappy with me.”

***

Wednesday, December 12, 2007

Chronicling Chavez

Daniel in Venezuela (link in sidebar) has been chronicling the recent events - the election - in Venezuela...

Daniel also recommends Roger Cohen, Times foreign editor and owner of a blog at the International Herald Tribune. He has started to write extensively on Venezuela and is now a must read for anyone interested on this topic. His latest column on the NYT, "The Limits of 21st-Century Revolution" is clear explanation why in the end Chavez will fail but also why we will have everyday more and more Chavez like concoctions trying to rule on us (unless?).
***
From Newsweek: Attempted Theft - Hugo Chávez tried to overturn the results of Venezuela's recent vote but was rebuffed by the military.

Most of Latin America's leaders breathed a sigh of relief earlier this week, after Venezuelan voters rejected President Hugo Chávez's constitutional amendment referendum. In private they were undoubtedly relieved that Chávez lost, and in public they expressed delight that he accepted defeat and did not steal the election. But by midweek enough information had emerged to conclude that Chávez did, in fact, try to overturn the results. As reported in El Nacional, and confirmed to me by an intelligence source, the Venezuelan military high command virtually threatened him with a coup d'état if he insisted on doing so. Finally, after a late-night phone call from Raúl Isaías Baduel, a budding opposition leader and former Chávez comrade in arms, the president conceded—but with one condition: he demanded his margin of defeat be reduced to a bare minimum in official tallies, so he could save face and appear as a magnanimous democrat in the eyes of the world...

h/t: λεονιδας

World of Good Red Cross style, and more

Wollf has a World of Good post regarding the proper way to send Christmas Cards to Wounded Soldiers.
""With the support of the Department of Defense, Walter Reed Army Medical Center and with help from Pitney Bowes Government Solutions, the American Red Cross will collect, review and disseminate holiday greeting cards to wounded military personnel. "
Address your Cards or Letters to:
We Support You During Your Recovery!
c/o American Red Cross
PO Box 419 Savage
MD 20763-0419
More on the story behind this

And this in The Eureka Reporter: Socks for Soldiers sends holiday care packages to Americans in Iraq, Afghanistan For more information about Socks for Soldiers, go to socksforsoldiers.com.

***


Ever wanted to say "Thank You," but didn't? Check out The Gratitude Campaign. Watch the 'Full Movie.' Spread the word.
h/t: ep

Day 610

Arraignment only the first step in Moore case
Law enforcement bloggers weigh in on indictments

TS It's not just Humboldt County that is worked up about the indictments of two Eureka commanders stemming from the April 2006 shooting death of Cheri Lyn Moore.

”(The Police Officers Research Association of California [PORAC]) would be very interested in the eventual outcome of this case because of the far-reaching consequences,” said association President Ron Cottingham.

In his 33 years in law enforcement, he said, he has never heard of scene commanders being indicted in the aftermath of their decisions.

But Cottingham is far from the only one who will be watching the proceedings closely.

A criminal grand jury returned indictments of involuntary manslaughter, officially announced Monday, against former Eureka Police Chief David Douglas and Lt. Tony Zanotti for their decision-making roles.

Moore, who had a history of mental illness, barricaded herself in her apartment, brandishing a flare gun and threatening to burn down the building. The two-hour standoff ended when officers forced entry into Moore's apartment and shot her multiple times.

News of the indictments has moved quickly, and is now the topic of discussion on several law enforcement blogs, where many in the law enforcement community have weighed in on the possible ramifications. Not surprisingly, given the nature of the Web sites, most of the comments seem to fall on one side of the issue.

”This is crazy,” the poster wrote on www.policeone.com. “I have never heard of this. This is pure lunacy that the DA in Humboldt County would even think of bringing charges against the command staff. Are we not supposed to work together? Must be an election year, and the DA must be trying to make some news.”

In a similar thread on www.officer.com,, another poster had a similar take.

”Well, if this case gains any kind of credibility, we in California had our remaining free hand cuffed,” the poster wrote. “It used to be danged if you do, danged if you don't. Now it's just danged.”

Tuesday, December 11, 2007

TPZ battle comes to an end w/updates


The Board of Supervisors has voted to drop the current TPZ proposals, and let the General Plan process proceed.

The "heraldo"/Lovelace camp is not happy.

The Morning News
ER Supervisors discontinue TPZ revisions discussions
TS Supervisors step back from TPZ revisions
EUREKA -- County staff's recommendation that the supervisors postpone action on timber production zone revisions pending a recommendation from the planning commission took a different route Tuesday when the board voted 4-1 to end consideration of the matter at the board level until the county's general plan update is complete....

Archived audio streaming of the meetings

Interesting Editorial

Who owns the 'facts'?

The Times-Standard's story about a grand jury indictment of two police commanders once again raised questions about using anonymous sources.

Our source in last Wednesday's story said the grand jury had handed up indictments of former Eureka Police Chief Dave Douglas and Lt. Anthony Zanotti for involuntary manslaughter in the officer-involved shooting of Cheri Lyn Moore in 2006, and predicted they would appear in court on Monday -- which they did, although their arraignment was continued until Feb. 21.

Grand jury proceedings are intended to be secret, unless opened to the public by the judge, which rarely happens. In fact, under law the transcript of the proceedings is supposed to be kept from the public until 10 days after the court clerk is informed of the grand jury's decision.

Some readers questioned our judgment, wondering how information obtained from a confidential source can be reported as “fact,” and how far we would trust any other anonymous sources.

The whole issue of unnamed sources makes editors uncomfortable. The ethics have been debated for decades. Most of us would prefer to have all sources be on the record, and have all public and private organizations be open and forthright about what happens and why.

But in reality, silence is the default mode for many public officials. In Washington, secrecy and selective anonymous leaking is done for reasons of power and politics. On the North Coast, it's usually because officials fear criticism by the highly vocal populace. What the people don't know, is the reasoning, they can't disagree with.

To be a successful strategy, that requires a compliant and complacent press. However, our job is to find out what's going on and tell the story, not to be an arm of government. At least, that's how democracy is supposed to work. So if the decision is between accepting an official “no comment” and printing nothing, or finding out the story by other means, we choose to listen to whomever will talk to us.

If it's a big enough story -- and the shooting of the mentally ill Moore justifiably can be called the biggest story in Eureka in the past couple of years -- we'll even listen to anonymous sources.

It should be remembered that there are no secrets about what happened on April 14, 2006. The coroner held a public inquest with all the details. The only question for more than a year and half has been: Will District Attorney Paul Gallegos decide to charge any police officers?

And here is an example of how secrecy creates ethical dilemmas: On Oct. 11, Gallegos informed -- us off the record -- that his office was passing the indictment decision to a criminal grand jury, which he planned to convene on Nov. 5. He requested that the Times-Standard refrain from publishing a story about his plan, because it potentially could taint the jury pool. Further, he said, if we ran a story, he would not confirm his plans for the record, and in fact could put off calling a grand jury till 2008.

It was Hobson's Choice: Run a half-story or no story at all. In the end, we published a story with the only “official” comment we had from the DA: That he was “considering” calling a grand jury soon. (We could have quoted Gallegos as an anonymous source about himself; Henry Kissinger used that technique to float his own baloons. But in this case the public Gallegos could have refuted the private Gallegos -- a bizarre scenario.)

As it happened, the DA did call the grand jury on Nov. 5.

The episode left a bad taste, which is why we were interested to hear from a highly placed source last week that Gallegos was keeping a lid on the grand jury's indictment, and was going to arraign Douglas and Zanotti on Dec. 10, without public notice.

After considerable internal debate, we went with the story. Our decision process was similar to Associated Press guidelines, which say that material from anonymous sources may be used only if:

1. The material is information and not opinion or speculation, and is vital to the news report.

2. The information is not available except under the conditions of anonymity imposed by the source.

3. The source is reliable, and in a position to have accurate information.

All those applied in this case, in spades; they may not the next time.

Meanwhile, the judge in Monday's hearing decided to keep the grand jury's indictment and transcript secret for another 10 weeks. Here we go again . . . .


Rich Somerville is the editor of the Times-Standard. He can be reached at 441-0520, or rsomerville@times-standard.com.
***
And a letter to the editor:
Isn't grand jury confidential?

I was under the impression that grand jury business was confidential. Why is it that an anonymous or undisclosed source then, can be quoted as fact? Would you print anything else from an unconfirmed, anonymous source, even if it was “close to the situation?”

Richard E. (Dick) Johnson
Eureka
Times-Standard 12/12/2007

Show of support

EPD, other law enforcement turn out to support Zanotti, Douglas

TS EUREKA -- When former Police Chief David Douglas and Lt. Tony Zanotti stood in front of Superior Court Judge John T. Feeney Monday, it was clear they had local law enforcement behind them. Literally.

Nearly 20 uniformed Eureka Police Department officers, including current Chief Garr Nielsen, a host of city staff and representatives from other local law enforcement agencies, showed up at the arraignment to show support for the defendants.

”I proudly support Chief Douglas and Lt. Zanotti,” read a sign held by Mary Kirby, senior administrative assistant to the chief.

A criminal grand jury, convened last month by the District Attorney's Office, handed up indictments of involuntary manslaughter against Zanotti and Douglas for their decision-making roles in the April 2006 shooting death of Cheri Lyn Moore.

Moore, who had a history of mental illness, was shot and killed by Eureka police officers after a two-hour standoff that saw her brandish a flare gun, throw items from her second-story window and threaten to burn down the building.

Neither of the officers who fired the fatal shots were indicted.

There was not an open seat during Monday's brief hearing, which saw the arraignments continued to Feb. 21 after Feeney granted a request by the defense. Several people had to remain outside in the hallway.

Kirby said two EPD officers came to the hearing on their lunch break and the rest were off-duty, but she said the message was the same.

”We all wanted to be here to show our support,” Kirby said.

She said she felt the involuntary manslaughter charges both men are facing were unfounded. Kirby was a member of the negotiating team during the Moore standoff.

”I think it's kind of ridiculous, but I guess the grand jury can do whatever they want, but the truth will come out during the trial,” Kirby said.

Around 1 p.m., the hallway outside the courtroom started to fill up with officers in uniform, who seemed to arrive in pairs. By 1:30 p.m., the hallway was packed with EPD officers, clerical employees, police services officers and other members of the department standing shoulder to shoulder.

When Zanotti and Douglas arrived, the pair was whisked away by a bailiff, and taken through a back entrance into the courtroom. As Douglas and Zanotti filed by the assembled crowd, they received quick pats on the back and brief words of encouragement.

In addition to the host of EPD personnel on hand, there were detectives and deputies from the Humboldt County Sheriff's Department, an agent with the Humboldt County Drug Task Force, Humboldt County Probation Department agents and other law enforcement personnel dressed in plain clothes, with their badges on display.

”We're just here to show our support,” said Eureka Police Capt. Murl Harpham, adding that the indictments came as an “absolute” shock to the department.

Nielsen, who sat next to Zanotti during his brief court appearance, agreed that the indictments came as a shock, but said he was pleased with Monday's showing of support.

”I think it's at times like these where it's so important for us to pull together as a unit, as a group and as a law enforcement family,” Nielsen said. “We truly appreciate how difficult it is to make those decisions we have to make in those critical incidents, in those split seconds, that are often times life and death situations. It's a different thing to go back two years later and second guess what was done.”

While Nielsen said the indictments have had a sizable impact on department morale, he said he really worries about the effect the indictments will have on officers acting as decision makers in future incidents.

”My biggest fear, above everything else, is the message this kind of things sends to all my officers that are out there every day,” he said.

After the proceedings, Eureka City Manager David Tyson said the impact of the charges is reverberating beyond the EPD. He said city staff, many of whom have worked closely with Zanotti and Douglas, are concerned for their colleagues, and their friends.

”The Eureka Police Department is part of the city family, and certainly we all work together every day and support one another in our every day work lives, and we were here today to support Lt. Zanotti and former chief Douglas,” Tyson said

He said he is confident the two men will be vindicated once more information becomes available.

”We feel that once that information is presented to the public and there is a full understanding of what took place, these individuals will be found innocent of any charges,” Tyson said.


Chris Durant and Thadeus Greenson The Times-Standard
Article Launched: 12/11/2007 01:27:28 AM PST

Bragg v Dollison. (NOTATION ADDED)

This oughtta be interesting. "given the personalities involved."

The Times Standard has a follow up to yesterday's 'breaking news,' complete with video. Now we know who the defense attorneys are, and who is apparently going to be prosecuting Gallegos' case. (with video)

The arraignment of a former Eureka police chief and a current lieutenant indicted by a criminal grand jury for involuntary manslaughter in the April 2006 shooting death of Cheri Lyn Moore was postponed Monday at the defense's request.
Superior Court Judge John T. Feeney set a new arraignment date of Feb. 21, and said the grand jury transcript and indictment would “remain sealed until further order of the court.”

Feeney allowed Lt. Anthony Zanotti and former Police Chief David Douglas to remain free on their own recognizance.
Feeney started the arraignment by disclosing that he was a law partner with Douglas' attorney, Bill Bragg, in the past and that he worked on a housing advisory board for the city of Eureka in the late 1980s.

There was a standing-room-only crowd in the courtroom, with about 90 people, mostly law enforcement personnel from various agencies, watching the short proceeding. Neither the defense nor Deputy District Attorney Allan Dollison objected to Feeney hearing the case.

Bragg, who, along with John Hamilton of the Santa Ana firm Ferguson, Praet and Sherman, is representing Douglas, said the defense team requested the continuance to allow it time to review the transcripts of the grand jury proceedings, which were not available as of Monday.

Bragg, who has experience representing law enforcement personnel, said he has never heard of commanding officers facing indictments for the aftermath of their decisions.

”It's a unique situation,” he said.

Asked if he was surprised to learn of the indictments, Bragg replied: “A surprise implies different types of emotions, and I wouldn't necessarily say I was surprised, given the personalities involved.”

After the brief hearing, the Humboldt County District Attorney's Office officially confirmed for the first time that the criminal grand jury convened last month handed up felony indictments of involuntary manslaughter to Douglas and Zanotti.

The district attorney's office said the indictments came after days of testimony from numerous witnesses in front of the grand jury, whose members were drawn from the regular jury pool.

Moore, who had a history of mental illness, was shot and killed April 14, 2006 by Eureka Police officers in her second story apartment at Fifth and G streets. During the preceding two-hour standoff, Moore brandished a flare gun, threw things from her second-story window and threatened to burn down the building.

Police have said they believed Moore had put down the flare gun when the decision was made to storm her apartment. Upon entering, officers said they came face to face with Moore, who was pointing a flare gun at them. Officers shot Moore multiple times.

While former EPD officer Rocky Harpham and Sgt. Michael Johnson fired the fatal shots, Zanotti and Douglas were the commanding officers at the scene. Legal experts said what makes this case highly unusual is that Zanotti and Douglas are facing charges, while those who fired the fatal shots are not.

The district attorney's office press release stated that Douglas and Zanotti each face up to four years in prison if convicted.


Day 609
Related:
EPD, other law enforcement turn out to support Zanotti, Douglas
_______________

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
__________________

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.

Monday, December 10, 2007

Day 608

Arraignment in Moore death postponed to February
The Times-Standard

EUREKA -- The arraignment of former Police Chief David Douglas and Lt. Tony Zanotti on involuntary manslaughter charges was postponed today, one week after a source told the Times-Standard that a criminal grand jury convened in the death of Cheri Lyn Moore was handing up indictments against them.

Defense attorneys representing Zanotti and Douglas requested a continuance of the arraignment, and there were no objections from the prosecution nor the defendants. Judge John Feeney set a Feb. 21 court date. He said the indictments and transcripts from the grand jury proceedings would remain sealed until that time.

The second floor hallway of the Humboldt County Courthouse was awash in black as a crowd of uniformed officers, city officials and other Eureka Police Department personnel attended the proceedings in support of Douglas and Zanotti.

Both defendants attended the brief court hearing, after being escorted into the court room through a back entrance by a bailiff. They left quickly once the hearing was over.

Moore, who had a history of mental illness, was shot and killed April 14, 2006, by Eureka police officers in her second story apartment at Fifth and G streets. During the preceding two hour standoff, Moore brandished a flare gun, threw things from her second-story window and threatened to burn down the building.

Police have said they believed Moore had put down the flare gun when the decision was made to storm her apartment. Upon entering, officers said they came face to face with Moore, who was pointing the flare gun at them. Officers shot Moore several times.


Hank had the Press Release:
FOR IMMEDIATE RELEASE
December 10, 2007

Retired Chief of Police David Douglas and Eureka Police Lieutenant Anthony Zanotti appeared for arraignment today in Department 8 of Humboldt Superior Court on a felony indictment charging them with involuntary manslaughter in connection with the shooting death of Cheri Lyn Moore. Judge John T. Feeney ordered the matter continued for further arraignment until February 21, 2008. Both remain free on their own recognizance. If convicted, each man faces up to four years in state prison.

In April 2006 Cheri Lyn Moore was shot and killed in her second-story apartment at Fifth and G Streets after a standoff with Eureka police officers. Douglas and Zanotti were the police commanders in charge at the scene of that incident. Testimony regarding the shooting was taken before the grand jury from several witnesses, including police officers, over several days. The Grand Jury returned an indictment naming both men. That indictment remained sealed until today.


Immediate aftermath:
ER Music, shots, then silence 4/15/2006
ER Investigation launched into police involved shooting 4/15/2006
ER Police respond to fatal shooting of Eureka woman 4/16/2006
TS Eureka shooting tragedy runs deep 04/16/2006
ER In aftermath of shooting, many questions remain 4/17/2006
TS Questions swirl around standoff shooting 04/18/2006
TS Haunted by the past 04/19/2006
ER Group gathers to remember Cheri Moore 4/19/2006
TS Police remain tight-lipped on shooting 04/20/2006
TS Lethal Weapon - Was it “just a flare gun”? 04/21/2006
ER Dispatch logs of fatal shooting made public 4/21/2006
ER Reserve judgment on shooting; question about timing lingers 4/23/2006
TS 'Force options' 04/24/2006
TS Shooting damage 'profound' 04/25/2006
TS City won't hand over 911 tapes 04/26/2006
TS 'Parallel' options 04/28/2006
ER Preliminary results indicate officers followed protocol4/28/2006
TS Shooting: ”Legal and lawful” 04/28/2006
ER Meeting about police review coalition turns to discussions of April 14 shooting 4/28/2006
ER Cheri Moore's son speaks out 4/28/2006
ER Idea of Police Review Coalition discussed with City Council subcommittee 4/29/2006
ER Moore shooting headed for Grand Jury? 5/25/2006
ER Civil rights suit filed in standoff death 6/14/2007

The Inquest:
ER Police chief said he stands by his officers' actions in shooting 7/21/2006
ER Coroner's inquest into police-involved shooting rescheduled 7/24/2006
ER MOORE INQUEST MAY BE TELEVISED 8/30/2006
ER Inquest should include still photos 8/30/2006
ER Coroner's inquest into death of Cheri Moore will start today 9/12/2006
ERWITNESSES TESTIFY AT INQUEST 9/12/2006
TS Inquest testimony begins today - 11 jurors sworn in for rare court proceeding 09/12/2006
TS Neighbors, friends and SWAT commander testify during inquest's second half 09/12/2006
TS The last inquest - Moore shooting circumstances far more complicated 09/12/2006
TS Witnesses begin testifying in Moore case 09/12/2006
TS Witnesses from the First Day of the Moore Inquest 09/12/2006
TS 'I was scared' - Officers who fired fatal shots testify 09/13/2006
TS Incident commander testifies at coroner's inquest 09/13/2006
TS Witnesses from the Third Day of the Moore Inquest 09/14/2006
ER NINE MORE TAKE THE STAND 9/14/2006
TS Officer, chief take stand in Moore inquest 09/14/2006
ER Final nine testify at coroner's inquest 9/15/2006
TS Jury makes three recommendations after inquest 09/15/2006

And then the tortuous delay fraught with threats - Rumors, Leaks, and the path leading to a Grand Jury Indictment:
ER A grim anniversary passes without resolution 4/13/2007
ER Closure necessary in Cheri Moore shooting 4/13/2007
ER Civil rights suit filed in standoff death 6/14/2007
TS Gallegos: Retrial will 'likely' delay Moore decision 07/13/2007
TS Countdown to a decision 07/23/2007
ER Moore case headed to grand jury? 9/11/2007
ER DA considers grand jury investigation of Cheri Moore's death 10/12/2007

The indictments:
TS Police Chief hopes grand jury proceedings are made public 11/08/2007
TS Grand Jury will indict two police commanders, says source (with archived video) 12/05/2007
TS Untested waters: Case against police commanders likely to hinge on 'criminal negligence,' expert says 12/06/2007
TS What is a criminal grand jury?12/06/2007
TS Who owns the 'facts'? 12/11/2007
TS EPD, other law enforcement turn out to support Zanotti, Douglas 12/11/2007
TS Arraignment in Moore case postponed (with video) Dozens show up to support former chief, lieutenant 12/11/2007
TS Moore Case Facts 12/11/2007
TS Gallegos to handle police prosecution 12/13/2007
link
TS Dikeman vs. Gallegos, Round 3? 12/16/2007
TS City could face hefty bill for Douglas' defense 12/18/2007
ER City to assist with costs of former police chief's defense 12/18/2007
TS Ex-chief garners $75K for his defense 12/21/2007
TS State police chiefs association president responds to indictments 12/24/07

Letters:
ER Ltr Everyone needs to be treated with compassion, respect 4/19/2006
ER Ltr Don't rush to judgment in police shooting 4/19/2006
ER Ltr Humboldt County's dedicated officers deserve better 4/20/2006
ER Ltr Joseph Humble should not have passed judgment 4/20/2006
ER Ltr Writer ashamed of police action in Friday shooting 4/21/2006
ER Ltr Patience, kindness would have worked in police shooting 4/21/2006
ER Ltr Was there quick justice in shooting of Eureka resident? 4/26/2006
ER Ltr Accounting of Cheri Moore killing necessary 5/13/2006
ER Ltr Why we're blessed to have Paul Gallegos
ER Ltr Where's the outrage over this death? 5/31/2006

TS Anti-establishment publicity stunt 12/18/2007
TS http://www.times-standard.com//ci_7786161 12/22/2007
ER Ltr Police officers put their lives on the line for public's safety 12/20/2007
TS Blue lights can show support 12/21/2007
ER Ltr What does the DA expect to gain from police indictments? 12/27/2007
ER Ltr “Dear Chief Garr Nielsen and the EPD,

Note: The Times Standard's Letters to the Editor were not available online until recently. Those letters as well as other coverage in The Arcata Eye and
The McKinleyville Press, and The Independent could be accessed through traditional channels in the Library.


The Eureka Reporter's new website meant a major transfer of all articles to new urls. I'm trying to update all links. If you find one that isn't working please email watchpaul.blogspot@gmail.com.

Friday, December 07, 2007

Censored by NBC



h/t: KT's Scratching Post by way of Powerline

An excellent piece

You can't say it any better than this. Media Maven Marcy Burstiner's column in this week's Journal - Pray for the Reporter

In my favorite movie, Three Days of the Condor, the assassin Joubert advises Robert Redford’s character, Joe Turner, to leave the United States. Turner says “I’d miss it if I were gone.”

Turner knows that people within the U.S. government hired Joubert to kill him, but he still doesn’t want to leave. He’d miss it. That’s how I feel about the Eureka Reporter.

For those who like to bash the Reporter, consider Humboldt County without it. When a newspaper goes from publishing seven days a week to five, that’s a sign of hard financial times. There are others. Its reporters are disappearing and more articles in the paper now carry no byline than stories that do carry a byline. (Generally that means that what you think is an article is just a printed press release.)

To many people, that’s reason to celebrate. A local boycott of the Reporter is a running joke — you can’t boycott something that’s free. Advertisers can, however, although I tend to think that the failure of the local business community to support the free paper has more to do with the problems of measuring the readership of a free paper than it has to do with dislike of its political slant.

I’d rather have a conservative paper than no paper. I’d rather have a paper owned by a conservative zillionaire than no paper. Consider that Dean Singleton owns the other paper. He lives in Colorado even as he owns just about every local paper in California.

There’s a rich history in the media business of newspapers founded on the egos of crazy rich men. In my short journalism history I worked for four crazy zillionaires — Charlie Munger, Bruce Wasserstein, Jim Cramer and Sy Newhouse. All four operated good publications. I avoided working for Singleton, not because of politics but because of his disregard for quality, his focus on newspapers as product and his tendency to pay reporters little, work them hard and bust their unions.

These days, with newspaper circulation falling across the board, you’d have to be crazy to get into the newspaper business. Consider the Bancrofts and the Wall Street Journal — a whole family of crazy rich people getting out of the newspaper business.

The Eureka Reporter recently attempted to survey its readers. Unfortunately, it was a case study in how not to do a media survey. First, it distributed the survey only in the Sunday newspaper, so it eliminated people who didn’t pick it up that day. You had to return the survey by hand delivery or mail.

In a note to readers Sunday about changes at the newspaper, publisher Judi Pollace said this: “The most fun a publisher can have is reading comments about how much you love us, and there were hundreds.” That’s backwards thinking. To grow newspaper readership you have to reach disgruntled readers and find out what they want and aren’t getting. Readers rarely love good newspapers. They read them, utilize them and act on what they read. Journalism is a masochistic profession. We’re the messengers people often want to kill. We strive to tell a truth people often don’t want to hear. Journalists understand that if too many people love what we’re doing, we probably aren’t doing the job right.

The survey’s multiple choice questions focused on what people did or did not read in the paper, rather than why they did or did not read it. For example, it asked you to check off whether you regularly, occasionally or never read the Humor Column by Nathan Rushton. But I didn’t know that Rushton’s column was supposed to be a humor column, so the question confused me. And it didn’t ask me whether I would regularly read his column if it were actually funny.

But don’t write off the paper yet. It eliminated paper publishing on Mondays and Tuesdays, but it recently added a fourth member to its editorial board: Peter Hannaford, a key adviser to Governor Ronald Reagan and a former partner to former Reagan adviser and lobbyist extraordinaire Micheal Deaver.

It makes for some interesting dynamics on the paper. The way editorials used to work involved a majority vote from the members of the three-person team. That led, at least once, to managing editor Glenn Franco Simmons writing a separate column opposing the paper’s stand. If they still use the voice vote, I’d like to see how they get out of a split.

I like having the Eureka Reporter around. It gives jobs to my current and former students. And it prints any opinion out there. For those who see it as a bullhorn for Arkley, they ignore how it prints columns by Amy Goodman, Dave Berman and others. It gives a forum for the 911 Truth folks — those pushing to reopen the investigation into the collapse of the World Trade Centers — who can’t get their voices into the North Coast Journal or Times-Standard. My stand isn’t whether I support the opinions or not. What I support is the forum for expression.

Until Heather Muller’s byline disappeared, it was the only paper that consistently covered our courthouse and kept an eye on what cases our district attorney prosecuted or pleaded out.

It also serves as a check on how the other paper treats its reporters. It is hard to tell your editor to screw himself when the other publications pay writers $25 a story or 10 cents a word. Feed your kids on that.

While you can’t boycott a free paper, there’s an effective way of opposing it. Support the other paper. Arkley subsidizes the Eureka Reporter. When someone will rather pay for the competition than get his paper free, that’s a quantifiable protest. Arkley loses money with every issue printed. You don’t like what the paper says? Write it a letter or column. He’s paying for the ink and newsprint and the energy and labor it costs to run his beautiful press. I’m betting the Reporter will print it. They’ll print just about anything.


Odd. "Heraldo" hates it. Something about EarthFirster Greg King not getting his way...

Look. Competition is good for the entire marketplace. The people at the Eureka Reporter have made it against all odds to this point. No, it's not the same kind of struggle that the Eye, The McKinleyville Press and The Journal have had, but taking a "paper" from an online only to a daily is an incredibly difficult endeavor, even when it is well-funded. Except for the money, the teamwork and camaraderie, the trials and tribulations are something to be admired and respected. Like 'em or dislike 'em, all of the reporters here work under impossible conditions, with little compensation, and they deserve our thanks.

And to take off from Burstiner's last point - if you VALUE the diversity of opinion, the quality of the publications, support them. Imagine if the Journal folded. Or the Eye. It would be a tremendous loss for the community. If you own a business, buy ads. That's how they survive, and, surprisingly, your own business will grow and prosper as well. If you value the Eureka Reporter, do more than pray, buy some ads. Pay for a subscription. Even if it is free.