☛ 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.***
It's not like every detail of this case hasn't received intense scrutiny. Even Cheri Moore's diaries made the papers. The experts and witnesses testified during a Coroner's Inquest...
☛ 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 Gallegos offered immunity for shooters' testimony in Moore case 02/02/2008
District Attorney Paul Gallegos gave SWAT team members and negotiators “transactional immunity” in order to illicit (sp:elicit) their testimony in the grand jury proceedings that ultimately lead to the indictment of their commanding officers, sources said this week.
☛ ER Grand Jury papers to be unsealed in Moore case 2/20/08
☛ TS 'Right to know': Not just words 2/21/08
THE ARRAIGNMENT
☛ TS Douglas, Zanotti set to be arraigned today in Moore shooting 2/21/08
☛ TS Cheri Lyn Moore case: What the grand jury heard 2/21/08
☛ TS Commanders' arraignment in Moore case continued 2/21/08
☛ ER Arraignment continued second time, charges exposed 2/22/08
☛ TS Judge continues Douglas-Zanotti arraignment 2/22/08
☛ TS Police commanders' defense to file motion for dismissal 2/24/08
☛ ER ‘Fatal funnel’ for law enforcement in Cheri Lyn Moore stand off 2/27/08
☛ ER No charges for Douglas and Zanotti 4/2/08
☛ TS Officers' arraignment postponed once again 4/2/08
In asking for the continuance, Zanotti's attorney, William Rapoport, said the defense has received 15 of the 151 grand jury exhibits....”I have been continuously trying to get from (District Attorney Paul) Gallegos the discovery, which includes but is not limited to the exhibits from the grand jury,” Rapoport told the court, adding that the exhibits were necessary for the defense to prepare its post-arraignment motions.
☛ TS Douglas, Zanotti enter not guilty pleas update in TS, more tomorrow 4/22/08
Former Eureka Police Chief David Douglas and Lt. Tony Zanotti pleaded not guilty this afternoon in Superior Court to charges of involuntary manslaughter.
☛ TS Commanding officers plead not guilty 4/23/08
☛ ER Officers plead not guilty in Moore death 4/23/08
☛ TS California police lend Douglas a hand 5/8/08
MOTION FOR DISMISSAL
☛ TS Attorneys asks for Douglas-Zanotti case dismissal 6/20/08
☛ TS Motion to dismiss Douglas-Zanotti charges is inching forward 7/11/08
☛ TS Douglas appeals denial of defense coverage 7/18/08
☛ ER Hearing to dismiss case against former EPD leaders scheduled next month 7/18/08
☛ TS Douglas-Zanotti defense: DA misrepresented the law 8/22/08 Oral arguments scheduled to begin Aug. 26.
Day 875 - CASE TOSSED!
☛ TS Douglas-Zanotti case tossed by judge BREAKING NEWS!
☛ ER Douglas/Zanotti case dismissed
☛ ER Judge throws out involuntary manslaughter case
☛ TS Judge tosses Douglas, Zanotti manslaughter charges
☛ ER Judge throws out involuntary manslaughter case
☛ TS Law enforcement responds to dismissal of Douglas-Zanotti case
It drew an outburst of applause in the courtroom. And it's a safe bet that police chiefs around the county, state and nation slept a little easier after Feeney's ruling....
Arcata Police Chief Randy Mendosa said he knows Douglas and Zanotti and that it's been difficult to watch them endure the last nine months.
”I know these guys well enough where I know it's been devastating for them -- living in a small community and hearing comments; having your good reputation smeared before the public,” Mendosa said. “It's terrible. It's not fair and it's not just.”
Mendosa said he was also relieved for himself and for his profession.
”It could easily have been me in there,” Mendosa said. “Being criminally indicted for basically being in charge of a high-risk operation is not something that police chiefs have ever encountered before, anywhere that I can find.”...
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 Sour grapes on district attorney 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. All links should now be updated. If you find one that isn't working please email watchpaul.blogspot@gmail.com, and/or check watchpaulARTICLES. If you have anything you'd like included (like letters to the editor that are not online,) please send via email (link in sidebar).
***
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.
Originally posted 12/17/07
***URGENT UPDATE/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.***
If I am missing any links - please email them to me - I'll be happy to add them.
You're right, Rose, that this tragic event has been extensively covered, investigated and even been subject to a rare Coroner's inquest.
ReplyDeleteNo facts, suppositions or circumstances warrant a criminal indictment of the commanding officers involved in this difficult task of protecting lives from a standoff with an armed and dangerous mentally ill subject.
Oh, except for the self-serving interests of a prosecutor on a witch hunt.
Keep up the good work !!
Chris Crawford
There was certainly no reason for a secret Grand Jury process.
ReplyDeleteThere was a standoff before the EPD got there?
ReplyDeleteFrom the Sims article about the inquest:
ReplyDeleteIf the shooting ever receives a day in court, the following questions — some unanswered, some answered only partially — will be further fleshed out.
Those questions are well worth reviewing. I have a few more.
Eric, why do you think the case went to a secret grand jury instead of an open preliminary hearing? What public benefit derived from not allowing defense lawyers to test the validity of the proposed charges? Isn't it usually the case that GJ's are used when there is a need to protect witnesses or some other evidentiary issue? How does that apply here? As a defense lawyer, don't you prefer preliminary hearings, where you can ask questions and present evidence, to grand juries? Don't you think
ReplyDeleteprelims are more fair to defendants? How many times have you expressed misgivings for grand juries, held in secret, as opposed to public preliminary hearings. Can you name anyone who thinks a GJ is more fair to a defendant than having a public prelim?
Is PVG planning to charge the members of the Board of Supervisors who voted to cut funding to Mental Health so that the funding for a crisis intervention team was cut? Because it was clearly reasonably foreseeable that a tragedy such as the death of a person like Ms. Moore would result.
ReplyDeleteInteresting thought. God knows there's plenty to fry a few of our board member. It would be much more indepth however to go after all the bad voters who didn't vote for Higgins for Sup. last time around. They are the real villains
ReplyDeleteWitnesses from the First Day of the Moore Inquest
ReplyDeleteCraig Pasquini - a case manager for Humboldt County Mental Health
Phyliss Wilner - nurse in the Humboldt County Mental Health emergency psychiatric unit
Keziah Moss - Eureka Police Department dispatcher
Heather Gillespie - EPD dispatcher
Joseph Smith - Moore neighbor
Diana Pullen - whose daughter knew Moore
Michael Quigley - EPD officer
Kevin Lawson - EPD officer
A.J. Bolton - A former EPD officer
Charles Heuer - Moore’s landlord
Alisha Sidebottom - Moore’s sister-in-law
Glenda Thomas - A caregiver to Moore’s neighbor
Tammy Henry - The second caregiver in Moore’s neighbor’s apartment
Jessica Rinder - Moore’s neighbor who lived across the hall from her.
John Rinder - Moore’s neighbor from the end of the hall
Marcus Smith - Moore’s friend
Todd Wilcox - EPD officer, was the SWAT team commander the day of the shooting
…that’s just one day, now we needed a secret proceeding WHY?
Witnesses from the Third Day of the Moore Inquest
ReplyDeleteTim Jones - SWAT team member
Rodrigo Reyna-Sanchez - A SWAT member
J.J. O'Neil - A paramedic
Robert Mengal - He acted a police observer on April 14
James Dawson - An Investigator with the District Attorney's Office, testified the Critical Incident Response Team did a "lengthy investigation." He said the compiled information fills three, three-inch folders.
David Douglas - Police chief
Christopher Andrews - An investigator with the District Attorney's Office
Judy Taylor - An evidence technician with EPD
Matthew Kristen - A criminalist with the California Department of Justice
Charles Van Buskirk - Deputy coroner with the Humboldt County Coroner's Office