Tuesday, July 31, 2007

Today

Today, July 31 would have been Andrea LaDeRoute's birthday.

Requests, Public Records And Otherwise

On 12-09-2004, Lisa LaDeRoute posted this discouraged comment on her CourtTV Message Board: "Well here it is the 9th of Dec., the DA's office was suppose to respond to my written request by 12/10/04. According to the Penal codes, and regulations that I sited. I'm not surprised that I haven't even received an acknowledgement. I'm going to mail another copy, the first I sent by fax, and I'm going to hand deliver another copy to the court house, which will include a proof of service. I want to make sure there is no room for debate that they did not receive my written request. Then I will proceed with the legal action. Wish me luck!"

On 05-11-2005, she says: "Well today's the day I'm suppose to contact one of the authorities who made a formal report, about 2 weeks ago, to the DA requesting that I receive all the information in his file regarding my sister's case, including my sister's remains. I've been trying not to be too optomistic. After all, the request was already denied by another authority, who is not involved in the case in anyway, less than 2 months ago.

Still, I've been trying to think about funeral plans, just so I'm not caught off guard, if they do release my sister's remains. I'm really not sure how to approach the services after all this time. I guess I'll find out today, whether or not I need to make those plans.

I'm dreading making that call. My feeling is if the request had been approved last week, which is when I was told the decision would be made, then I'm pretty sure someone would have already called me. I just need to make sure I'm prepared for yet another major disappointment, before I make that call.


Regular readers here know that the DA does not like to comply with Public Records Act Requests. She has posted pdf's of correspondence and other documents at www.2006justiceforall.com

"The Book"

Everyone else is reading "the book." And you don't even have to say any more, everyone knows which one you are talking about, and don't dare be a spoiler. But I am reading the book, "Deadfall." Just arrived. Very interesting indeed. Chapter 13 talks about Stoen, the prosecution of Debi August, and the Grand Jury.

I'm told Borders has some copies "in transit" - I wonder why they don't have this book featured, given that it is a local murder mystery, with multiple unsolved stranglings of young women.

And I wonder why they didn't do a meet the author/book signing? Why none of the local bookstores held a book signing? It's not too late. If not Borders, one of our local bookstores...

Saturday, July 28, 2007

Huffington Post - Jonestown Filmmakers Missing the Mark

Pat Lynch was an investigative producer for "NBC Nightly News" with John Chancellor and Tom Brokaw for almost 20 years. Winner of two Emmys and a Dupont Columbia award for investigative journalism, Ms. Lynch now is a freelance writer and author of two books. She also was nominated for ten Emmys for investigative journalism. Ms. Lynch lives in New York City and Southampton, New York.

In this post she talks about her first hand experience with a coverup:

"...For me, the story began May 2, 1978. My crew and I were filming the Synanon cult's property from a deserted public road in Marshall, California, when armed men, women and children with shaved heads held us captive for three hours. The story flashed across the AP wire, phoned in by Pulitzer Prize winner Dave Mitchell, owner of the Point Reyes Light weekly. My employer, NBC News, ignored the story. I didn't understand why, but it was a foreshadowing of what would happen when my far more dangerous story about Peoples Temple was ready for air in October, 1978..."

She says "...I didn't realize the extent of the media cover-up until I began revisiting these issues 28 years later. How could NBC lose -- or worse, destroy historical footage of an event like Jonestown? Why? And what about my interviews with the people who predicted from firsthand experience what would happen if the Ryan party entered Jonestown? The documentaries aired recently as the anniversary approaches are a revisionist history of the event. "Lovely people. Tragic story."

The real story has yet to be told and must be told for at least three reasons. First, there's the matter of accountability for 918 needless deaths. Second, there's the issue of journalistic responsibility. Those who made these fateful decisions at NBC, including former company president Fred Silverman, former NBC News president Les Crystal and NBC lawyers, are still alive. Finally, at a time when the media is criticized for missing the truth about weapons of mass destruction in Iraq and for its own lack of transparency, telling this story is not only a way to come clean but a cautionary tale for all news organizations..."


"...In two years all the classified material about the massacre is supposed to be released to the public. The government has kept their secrets well for almost 30 years..."

Read the whole post.

Friday, July 27, 2007

Not just one local victim...

Not just Andrea LaDeRoute.

15 year old Sherry Lynn Smith was from the Garberville area and went to South Fork High School. She was last seen alive heading toward Annibel's car. She was John Annibel's sister-in-law? Or her sister's boyfriend was John Annibel's brother, James? I'll get the details from the book. He was supposed to give her a ride home from a dance in Garberville. That was 1976.

In 1980, Annibel was 22. His 20 year old girlfriend, Andrea LaDeRoute vanished. The evidence list includes bloodspattered sheets and walls. DNA evidence confirms it is her blood. In 2002, her remains - her skull - were discovered. In 2003 tests confirmed it was her. In 2004, the Fortuna Police Department handed over the case to Humboldt County DA Paul Gallegos.

In 1988 Georgina Pacheco was found raped and strangled.

In 1998 Debbie Sloan was strangled to death by John Annibel, and her body, like the others, was dumped. The Journal reported that "Annibel is now being questioned by Humboldt County investigators about the 1976 rape and strangulation of Sherry Lynn Smith and the 1980 disappearance of his then live-in girlfriend, Andrea LaDeRoute. Annibel was initially a suspect in both unsolved cases, although no charges were ever filed against him."

The Mendocino DA convicted John Annibel of Debbie Sloan's murder.

Robert Scott posted a more complete timeline of events and lists of evidence on the courtTV message board.

The more you read the more astonishing this is.

Looking at the time spans, you have to wonder if there aren't more victims. Where was Annibel between 1980 and 1988? Between 1988 and 1998?

And you have to wonder why charges weren't filed, especially once DNA testing was available to confirm suspicions. If charges had been filed, how many girls would still be alive? And, if he gets out of prison early - when will that be?

UPDATE:
Mendocino Sheriff’s Office Finds Killer of (Georgina Pacheco) Young Woman Who Died in 1988 - lostcoastoutpost.com 7/16/2013

Mendocino County Sheriff’s Office has listed Robert James Parks as the suspect in the murder of Georgina Pacheco and has closed this cold case.

(On July 21, 1998, Parks telephoned a family member and advised that he was going to commit suicide by by sinking his fishing vessel in the Long Beach Harbor. Authorities from Long Beach Harbor were notified and located the sunken fishing vessel. Parks’ lifeless body was recovered from the ship.)

Thursday, July 26, 2007

Best East Bay True-Crime Author

Photo Source
Best East Bay True-Crime Author: And the busiest one, too (2007)
Robert Scott
Contra Costa native Robert Scott was a delivery-company driver plying the same highways upon which thrill-killer sweethearts Michelle Michaud and Union Cityite James Daveggio raped and murdered young women in their specially outfitted "torture van." Reading about these murders, realizing that he had crossed paths with the pair, Scott became insatiably curious about what he calls the "inner demons" that make people kill. He switched careers and is now one of the nation's most prolific true-crime authors, with a string of page-turners including Rope Burns — about the Michaud/Daveggio case — as well as Unholy Sacrifice, Monster Slayer, Married to Murder, and more, including the brand-new Savage, which tracks the killing career of ruthless, rootless drifter Benjamin Pedro Gonzales, whose victims include a Livermore woman who hired him as a handyman. Skilled at evoking the look and feel of the regions where the incidents took place, Scott also is a passionate advocate for victims and their families. ...And, of course, his list of books includes Deadfall.

Not in stock at any of the local bookstores that I've found. Anyone know of any place locally carrying the book?
Amazon and Borders can deliver, there are some on ebay. I ordered mine from Blake's Books in McKinleyville.

The "Baykeeper" is female?

"Humboldt Baykeeper" has a MySpace page. Listed as a 32 year old female. Just remember when "SHE" comes asking for money that predatory litigious groups don't need your donations, except to serve as "grassroots" cover. They get their money by threatening lawsuits, and they have been very explicit in saying so in the past - telling people "we will be getting our money from the "polluters." (ie: the deep pockets who will pay them hundreds of thousands of dollars to go away.) It's easier than robbing a bank.

When can the Attorney General intervene?

California law gives discretionary authority to a locally elected prosecutor in filing criminal actions. In deciding whether to file charges, a district attorney must evaluate the likelihood that a jury, after weighing all the conflicting evidence, would find the defendant guilty "beyond a reasonable doubt." It may not be uncommon for members of the public to differ with the district attorney's determination, but the decision rests with the local prosecutor. The Attorney General's intervention is appropriate only where there is a demonstrated conflict of interest that would disqualify the district attorney from a particular case; or there is an obvious abuse of prosecutorial discretion. The fact that an incident has created strong feelings within the community or the prosecutor's decision may be controversial or unpopular does not provide a basis for intervention by the Attorney General. Source

Wednesday, July 25, 2007

ALERT/Update

Missing child found Thanks, Times Standard, for the breaking news updates.
Happy Ending!
TS - Eureka boy safe after night in the woods
ER - Little boy lost — and found

"You can call or email me anytime, and I will meet with you..."

Again, this is excerpted from Lisa LaDeRoute's CourtTV Message Board. It chronicles her quest for justice in the death of her sister. To date, she cannot get an answer from Paul Gallegos as to whether or not her sister's case will ever be adjudicated.

I remember this debate (Gallegos and Dikeman on KHSU), and I remember the call. It seemed to be one of those staged to give Gallegos the advantage as he so artfully took advantage of it. But apparently it was not staged at all:

06-02-2006 Finally confronted DA and Deputy DA
Dear Readers, just thought I would share; last night they had a debate aired on a local radio talk show; not thinking that I would actually get a chance to ask a question, I went ahead and made the call anyway.

This is what I sent to a friend afterward:

I am still shaking from all the adrenaline, I tell you. I taped the show, and I even turned the tape over when it look like it was getting to close to the end, but I'm shaking so bad, when I tried to rewind it to play it for Sandy I couldn't get it to work.

It went something like this:

"Well, uh, (as soon as they said, you're on the air) So I said, I'm the sister of a homicide case, and the facilitator said, wait, we don't...........

And I said, "It's ok I won't give any specific information, about the case, then I said, I sent a letter to Worth oh about a year or so, and I'm still waiting for a response, which is why I've taken such drastic measures to make this call."

You could feel the air went really still, so I jumped in, and said, "In 1980 charges were filed against a suspect, the DA said that charges would be refiled, but not immediately, so my question is will charges ever be refiled, and if not will the family ever receive Andrea's remains.

The facilitator said, "I'm not sure we can ask that question, but I think I'll address it to Paul, unless you prefer Mr. Dikeman respond first."

Oh, my gosh, for just a moment, I felt like a little kid making a bully be accountable it was wonderful! I answered probably with too much enjoyment in my voice, and very matter of factly, "Oh, I think I'd like Worth to respond first, I'd like him to tell me why he hasn't responded to my letter yet." Oh it was a moment, I'll never forget.

Worth responded with, "Lisa I know that Mike Losey for the District Attorney's homicide case has spoken to you." (Completely dismissed my letter, or his accountability).

Then Worth says "I only have one active homicide case, and I don't know what ever happened after it was reassigned to someone else."

Anyway, the facilitator started to direct the question to Paul, and he just jumped in and said, "Lisa, haven't you and I talked?" And I said, "Yes, and I really appreciated you meeting with me and my family, he started to say something, and I was still talking, and I continued with "You were the only one that would give me the time of day".

Paul, paused for a moment, as to absorb as much of that PR as he could. Then he relaxed a bit, and said, "I know it's been a while since we spoke, but you can email me, do you have email access? (He knows I do) I said, "Yes" so Paul proceeds to give me his personal email address, and says "You can call or email me anytime, and I will meet with you, I recall now that there was an issue about your sisters' remains, but call and I'll schedule an appointment."

Then the facilitator immediately followed that last word, and said, "Ok, thank you Lisa, we'll take the next caller."

Oh, my gosh, I was shaking so bad, I know it wasn't nerves, because I really felt for the very first time, that I was as confident as I could be about anything, and I had the opportunity to finally confront them. All I know is for those brief seconds, I was basking in the moment, for all the sunshine I could.

Thank you, Thank you, Thank you, even though nothing was actually addressed, the true colors are beginning to shine through.

And this time they shined right through a radio, for all the listeners to come to their own conclusions.

YES!

****
06-18-2006 Deadfall

Well, I don't know why I should be surprised! I mean I took Mr. Gallegos up on his offer, I emailed him right after the radio show, when he said to contact him by email, and he would schedule a time to meet with me.

I emailed him read receipt, and I know he recieved my email the next day. A couple days later Mr. Gallegos won the DA election.


Wanting to make sure that Mr. Gallegos actually received my email, I printed a copy and mailed it to him personally certified return receipt. I received the receipt more than a week ago. Here it is now 6-18, and I still have not received a response to my email, which simply stated let me know when you will be available and I will work around your schedule to review Andrea's case. I did mention however, that I wanted to make sure he had a chance to review the case, so that we didn't repeat the same meeting we had in Oct. 2003, where he stated he wasn't familiar with the case.

So in my email I just said, lets go ahead and schedule a meeting at his earliest convenience, and hopefully by then he will have had a chance to get familiar with the case.

I guess that was asking to much, I just don't understand!

The good news is I just ordered several copies of the book "Deadfall" and I should receive them by Tuesday 6-20.

Yey!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

I'm not sure what I expect from the book, if anything, but somehow I feel blessed that the story will finally be exposed!

Thank You Everyone for all your well wishes and continued support through out this past year, for that I will always be grateful!

Lisa

****

07-09-2006 No Subject
Well, another 4th of July come and gone already, hard to believe that it's been 23 years since Terry Lynn was murdered, bless her heart. Terry Lynn, Angh's and I grew up together, she was always protecting us, since she was so much bigger than most of the kids in school. Funny though, everyone was afraid of her and not only did she have a heart of gold, but she had the most gentle spirit of most people I've known.

Though Terry Lynn was found many years after she disappeared, they too only recovered her skull, her murderer was never apprehended.

I think this afternoon, I'll stop by and see her family. I've stayed in contact with her little sister, Lorri, throughout the years. It's sad but true, we have a pretty odd commonality that has kept us bonded throughout the years.

I'm curious to hear if anyone has read the book, what they think of it. I like to think that no news is good news, but my curiousity, gets the best of me sometimes.

And for any of you, who have been following, remember that email that I later sent by certified mail to the District Attorney recently, at his own invitation? Well, it's been well over a month now, since he's received both of my requests, to schedule a time to meet, like he said he would do on the live radio debate; and of course, I haven't heard a peep from the District Attorney's office.

I just don't get it! Why would someone string me on like that after all these years, and to get my hopes up that he really wanted to sit down and meet with me again, and to even go so far as to invite me to contact him on live radio, during a public debate, and then absolutely shut the door in my face, that's just unforgivable!


Ok, I've vented enough for one day!

Take Care!

Lisa

P.S. does anyone know anything about that unexpected Hero award, I'd really like to find out. I have a Hero in mind, "Harris" who really derserves the award!

****
7-23-2006 Well it's Affirmative!
Well, it's affirmative, that District Attorney had no intention of meeting with me as he stated he would do so on the live radio debate. It's now been over 6 weeks since I submitted my email request, as he instructed me to do; and of course to be sure he got it, I even sent it certified mail. But as usual I received absolutely no response, not even an acknowledgement, accept for the card that was returned documenting that my letter had been received.

I tell you, each time this situation repeats itself, where they tell me one thing and do another, or just completely ignore me, it's just another slap in the face, or rather another punch in the stomach.

I guess they, meaning the D.A.'s office, don't think I've suffered enough. Why else would they just keep making false promises? Do they really believe that I will just go away, without making them accountable? Huh!!!!!!!!!!!!!!!!!!

If they believe that then they are the ones who are being naive.

On a more positive note, I found on the web page about a week ago that "Deadfall" was rated 7 of Walmarts top ten new releases. That was real exciting, until I realized that's just Walmart's ranking. But still that's a good sign, I think.

Some of the people who have read the book have approached me about a petition, and to be honest, I haven't any idea how to go about circulating or developing a petition. Unfortunately, Kent seems to be too busy.

Does anyone else have any ideas, or good sources, i.e. links on how to develop? I'd be very appreciative for any suggestions at this point.

Thank you for your continued support

****
10-11-2006 I'm mad as Heck!
Hi Amenia,

You are very insightful, that's a special gift that not many people realize they have.

But you know just over a week ago, my husband and I attended a public gathering, honoring a public official who had just passed away, and to my surprise Paul Gallegos was there.

But what I still can't get over, is that this guy, Gallegos, went out of his way a few times, to let me know he was there, but not once did he approach me to even attempt to explain why he has not responded to my last letter, in which he publically requested that I send.

At one point, I actually had to walk around him, so not to bump into him, even though there was at least 2 feet distance all the way around him, if I didn't move in a different direction, I'm sure I would have stepped on his shoe, maybe I should have.

We had discussed approaching him, asside from the fact that we didn't want to make a big spectacle at a memorial service, if Paul really wanted to address the issues, he would have. And to confront him in a public place, he would have side stepped the real issue, just like he did on the radio, "Send me an email, and I'll sit down and talk to you', Yeah Right! I mailed him right away, that was June 7th and here it isanother birthday only a few days away, and all I want for my birthday is my sister!

Sorry, but I just had to vent, I've had it bottled in ever since I saw Gallegos.


Lisa
****

Monday, July 23, 2007

Use and abuse


Source: courttv.com>message boards>old cases>remains of sister found after 22 years

"You know, back in 2003, I supported Paul Gallegoes during the recall election, because I thought that Paul was sincere about stepping up to the plate...

...Me and my family went to see Paul, thinking back now I should have known better, when he said back then, that he wasn't familiar with Andrea's case, and that Worth Dikeman was the prosecutor assigned to the case.

As a District Attorney, Paul should be informed and involved in each homicide case, as he proudly states, he would rather be the one to prosecute as many cases as possible. Hmmmmmm!

But not only that, once the Fortuna Police Dept. named their suspect and completed their final complaint, at that point it would be up to the District Attorney to assign a prosecutor or to close the case for lack of evidence. I mean 26 years and the prosecutor, Worth Dikeman nor the District attorney can decide whether they have enough evidence.

I supported Paul back then, which is why his office coordinated a press conference at my home during the recall, but knowing what I know now, I wish I hadn't supported him. I wasn't asking Paul to do me any special favors, but I believed him when he said he would review Andrea's case with Worth, and get back to me.

But wouldn't you know it, as soon as I did the press conference, Paul didn't even know who I was at the picnic that was organized for all his campaign supporters. Heck I didn't even get an invitation..."


Sadly, this is not surprising. I have heard many stories - Gallegos does not communicate with the victim's families. Promises are implied, if not made directly, expectations are raised and hopes dashed. People who were used by Gallegos and Salzman during campaigns, then abruptly 'discarded'... Shunka certainly believed Gallegos would file charges in the David Chain incident, but was soon disabused of that notion... This is Lisa LaDeRoute talking about it happening to her. And this is only part of it. Her message board on court TV's site runs from November 2004 to June 28, 2007. In her search for answers, for justice and closure, she has posted correspondence with Gallegos, pdf files of any court documents, interviews and evidence she could gather at http://www.2006justiceforall.com/

Countdown to a decision - Day 466

Now that Humboldt County District Attorney Paul Gallegos is involved in a retrial of a 15-year-old murder, it appears certain that his decision on the Cheri Lyn Moore shooting will have to wait till the trial's completion in October. And few are taking bets that we may not have to wait until 2008 for the DA to remove Moore from the bottom of his to-do pile...

...The DA has had his share of controversy, but the Times-Standard has not piled on with the rest. We supported him during an effort to recall him from office. But we have been persistent -- some might say shrewish -- in harping on Gallegos' delay on the Moore decision.

Is it not a district attorney's job to make these tough calls? If the police involved were wrong, then they need to be called to answer for it. If they were not, it is cruel to keep them and their families -- the whole department, really -- twisting in the wind. The saying, “Justice delayed is justice denied” was never more true than in this case...

...We believe each passing day is significant. But the DA says he won't be pressured, so further editorials no doubt will be fruitless. So instead we'll track our wait with the Gallegos Countdown -- the number of days since Cheri Lyn Moore died, and another day without action by our district attorney.

466: The number of days since the Cheri Lyn Moore shooting without action by District Attorney Paul Gallegos.
Read the full Times Standard Editorial

And it has been longer than that for Lisa LaDeRoute.

DA gun request still on hold

A Humboldt County District Attorney's Office request from May to purchase eight AR-15 assault rifles is still on hold, but a decision may be coming soon...

...The guns were part of an order that included protective vests, badges, fatigues and other police officer equipment. The money for the purchase comes from the District Attorney's Asset Forfeiture trust funds.
Read the full story

For more info, click on the Gallegos/Assault Team, and Public Records labels/links below.

Friday, July 20, 2007

Must read: Deadfall


Deadfall By Robert Scott

This is about a Humboldt/Mendocino County serial killer, John Annibel. Victims? Debbie Sloan, and suspected victims: Georgina Pacheco, Sherry Lynn Smith and Andrea LaDeRoute.

A post by the author on Lisa LaDeRoute's Court-TV message board:
In 1980, according to the Fortuna, California, PD, John Annibel murdered his girlfriend, Andrea LaDeRoute. This was Lisa's 20 year old sister. In 2002, some of Andrea's remains were found on land where Annibel once worked. The Fortuna PD in 2004, handed all of its evidence over to the Humboldt County DA's office, and said that John Annibel is the only suspect in the murder of Andrea LaDeRoute. Since that time, the DA's office has failed to move forward on this case, and will not return any calls of Lisa's questions about the status of the case. This is very much out of the norm in other counties and other cases, where the DA's office is always looking for publicity in a high profile case.

As she seeks information, and asks that her sister's remains be returned to the family for burial - the message board includes letters to Gallegos - one is very clearly a public records act request, yet it does not appear that he complied with that request. Haven't finished reading the LENGTHY threads, will update as I go.

On 03-30-2006, Robert Scott also mentions "many aspects in common as to motive, the actual murders, evidence found and disposal of bodies, that link in a backward chain from Sloan to LaDeRoute to Smith. The evidence is not things that we have uncovered - but rather what trained, professional detectives uncoverd in their investigations. Why the Humboldt County DA's office has not seen fit to pursue the cases in the murders of LaDeRoute and Smith remains a mystery.

In closing, here is just one instance of the frustration that Lisa has had to face over the years. In the May 29, 2005, issue of the Eureka Times Standard, they did an article on Humboldt County cold cases. Chris Durant was the journalist, and from what I've read in the past by him, he seems to be a competent and knowledgeable reporter. So it is unfathomable, why the following paragraphs of the article are so contradictory. Here are the exact words as written.

"In May 2003, DNA led to the closing of a Fortuna homicide. The remains of Andrea LaDeRoute were found by foresters marking trees on Pacific Lumber Co. property near Carlotta in August 2002. LaDeRoute was last seen in 1980 and her live-in boyfriend at the time, John Annibel, was arrested. But LaDeRoute's body was not found and there was not enough evidence to charge Annibel at the time.

"When DNA tests on blood found at their shared apartment matched LaDeRoute, Annibel was charged. He was already in custody in the California Department of Corrections and serving a life sentence, for the murder of Deborah Sloan in Laytonville in 1998.

"The Humboldt County District Attorney's Office said it has received a report from the Fortuna Police Department, but charges have yet to be filed."

So - in paragraph one - DNA supposedly led to the closing of the case.

In paragraph 2 - Annibel was charged.

In paragraph 3 - charges have yet to be filed."


Related:
NCJ 12/17/98 Unsolved mysteries link? - A man accused of murdering a Laytonville woman may also be linked to the deaths of two Humboldt County residents dating back 20 years.

John Annibel, a 41-year-old Fort Bragg resident, was arrested in Mendocino County Dec. 4 and charged with murdering 42-year-old Deborah Sloan. Sloan's nude body was spotted by Mendocino County road workers Nov. 30. The suspect had apparently met the slain woman just prior to her death.

Annibel is now being questioned by Humboldt County investigators about the 1976 rape and strangulation of Sherry Lynn Smith and the 1980 disappearance of his then live-in girlfriend, Andrea LaDeRoute. Annibel was initially a suspect in both unsolved cases, although no charges were ever filed against him.

In 1976, when Annibel was 18, he was questioned in connection with the death of 15-year-old Smith, who disappeared after going to a dance in Garberville. Her body was later found in Myers Flat, where Annibel's family lived at the time.

Annibel lived with DeLaRoute in Fortuna when he was 22 and she was 20. He reported her missing March 18, 1980. Her body was never found.

Blood evidence from the 18-year-old case taken from the couple's apartment will now be tested for a possible DNA match, a procedure that was not available in 1980.

Annibel continues to deny any involvement in either woman's death.


***

NCJ 9/23/99 Murder suspect convicted - A 42-year-old Fort Bragg man, a prime suspect in two unsolved Humboldt County murders, was convicted of first-degree murder by a Mendocino County jury in connection with the death of a Laytonville woman, the Santa Rosa Press Democrat reported last week.

John Annibel's sentencing hearing is scheduled for Nov. 8 in Mendocino County Superior Court.

Humboldt County authorities have tried to link Annibel to the murder of Andrea La DeRoute, who turned up missing at age 21 from her Fortuna home and hasn't been seen since her disappearance in 1980.

Four years before, Sherry Lynn Smith, 15, was raped, strangled and found dead on the property where the Annibel family lived near Myers Flat. In both cases, authorities said they couldn't develop sufficient evidence to charge Annibel in connection with the slayings.

Meanwhile, authorities are looking into a new case that appears to be a homicide of a white female. The woman identified as June Lawson, 19, of Redway, was found at Holbrook Grove State Park north of Redway on Redwood Drive at 9 a.m. Sunday, the sheriff's department announced.


***
The story of Lisa LaDeRoute's efforts to find justice have taken many years.

***
UPDATE:
Mendocino Sheriff’s Office Finds Killer of (Georgina Pacheco) Young Woman Who Died in 1988 - lostcoastoutpost.com 7/16/2013

Mendocino County Sheriff’s Office has listed Robert James Parks as the suspect in the murder of Georgina Pacheco and has closed this cold case.

(On July 21, 1998, Parks telephoned a family member and advised that he was going to commit suicide by by sinking his fishing vessel in the Long Beach Harbor. Authorities from Long Beach Harbor were notified and located the sunken fishing vessel. Parks’ lifeless body was recovered from the ship.)

Deadfall author Robert Scott on Paul Gallegos' plagiarized My Word

Obviously, Robert Scott is still following events here in Humboldt County. When he made this post, he must not have known that Paul Gallegos' "My Word" was largely plagiarized. Perhaps he has followed the story since then:

Response to Editorial
Recently the District Attorney of Humboldt County, Mr. Paul Gallegos, wrote an editorial in the Eureka Times Standard. This is my response to that editorial. I am posting it here, because according to Lisa, the Times Standard does not take editorial comments from people who live outside the county. Mr. Gallegos' editorial was entitled - Vigilantism a force of anarchy.

Though Mr. Gallegos' recent editorial about vigilantism didn't make specific references to any particular case, I'm wondering if he had the cases of Sherry Lynn Smith and Andrea LaDeRoute in mind when he wrote it. The reason I believe this may be is that both the surviving sisters of Sherry and Andrea have been very vocal in their displeasure at the way the Humboldt County District Attorney's Office has handled those cases. If he was not referring to Smith and LaDeRoute, then it has to be wondered how many victims family members feel disenfranchised by the DA's office in that county.

As has been written about many times over the years in Humboldt County newspapers, including the Times Standard, Mr. John Annibel is the main suspect in the murders of Smith and LaDeRoute. In fact, the Fortuna Police Department has stated that Mr. Annibel is the only suspect in the murder of Andrea LaDeRoute, and has submitted all its evidence to the DA's office in that regard.

No one is advocating vigilantism, which would take Mr. Annibel out of the court system and somehow administer arbitrary justice. Instead there is an agreement that the system should work exactly as Mr. Gallegos stated, "the report of a crime and its investigation, the review of that investigation and possible accusation, the disposition or trial on the accusation, a verdict, and a judgement." Neither Pam Smith Annibel nor Lisa LaDeRoute Lawler disagree with that assessment. What they do agree on is that the system on these cases has failed at the District Attorney level.

In the probable cause report concerning Mr. Annibel, Detective Mike Losey wrote, "Based on the evidence and information, probale cause exists to believe LaDeRoute has been murdered. Further, the available physical evidence, as well as circumstantial evidence, indicates that John Annibel murdered Andrea LaDeRoute." It was only the failure to proceed by then District Attorney Bernard C. dePaoli that short-circuited the trial. Mr. DePaoli was later arrested and convicted for taking a bribe to change a witness' statement in the murder case of Philip Kellotat. To say the least, it should cast doubt on his handling of other murder cases during his tenure as District Attorney of Humboldt County, especially Andrea's case.

One thing Mr. Gallegos failed to mention in his editorial on vigilantism is the role of the District Attorney's Office. It is to stand up for the rights of a victim of crime. In the case of Sherry Lynn Smith and Andrea LaDeRoute, the District Attorney's Office is their voice, because they can no longer speak for themselves.

Once again, Pam Smith Annibel and Lisa LaDeRoute Lawler do not want to railroad John Annibel. All they want is for Sherry and Andrea to have their day in court. Without the district attorney's office, functioning as it should, they can never have that happen. This is a far cry from vigilantism. Both sisters understand that neither the prosecutor, nor defense attorney, or even a judge is the trier of fact. The trier of fact in these cases are twelve ordinary citizens of Humboldt County who would decide upon Mr. Annibel's guilt or innocence. Mr. Annibel's rights would be protected by his defense counsel, as they should be. It is the duty of the of the District Attorney's Office to stand up for Sherry and Andrea's rights.

Robert Scott


Mr. Scott, if you read this post, here are links to stories relating to Paul Gallegos' "My Word" Op-Ed on Vilgilantism:
THE OX-BOW INCIDENT by ROBERT LOUIS FELIX
a copy of THE OX-BOW INCIDENT in case the link goes down
TS - Paul Gallegos' My Word
ER - WHOSE WORD WAS 'MY WORD'?
ER - A second Gallegos column raises questions about attribution

And, another take on what he was trying to say, who he was trying to go after:
When law enforcement fails, 'vigilantism' sometimes needed

There may be other answers to some of your questions, and Lisa's questions here as well.

Thursday, July 19, 2007

Murder sentencing continued (NOTATION ADDED)

.
The sentencing for convicted murderer Thomas Arthur Applegate was postponed Thursday afternoon to Aug. 21 at 2 p.m.

Humboldt County Deputy District Attorney Allan Dollison stood in for Humboldt County DA Paul Gallegos, who is prosecuting the case, and Humboldt County Deputy Public Defender Blair Angus represented Humboldt County Public Defender Kevin Robinson, who is defending Applegate.

On June 22, a jury convicted Applegate of the murder of Joey Patrick Church and the attempted murder of Ross Condemi, and sentencing was scheduled for Thursday.

On behalf of Robinson, Angus requested a continuance of 30 days, which Humboldt County Superior Court Judge John T. Feeney granted. The Eureka Reporter 7/19/2007
_______________

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.

Day 462

A year plus 97 days. Sunday it'll be +100 days.

Wednesday, July 18, 2007

Rewriting the American Heritage Dictionary?



And this wasn't Wikipedia - this was Robert Kennedy Jr. on Glenn Beck.

Asked to define fascism - Robert Kennedy Jr. says "The American Heritage Dictionary defines fascism as the domination of government by corporate power..." Transcript

Huh?

Actually - the American Heritage Dictionary says fascism is - a system of government marked by centralization of authority under a dictator, stringent socio-economic controls, suppression of the opposition through terror and censorship and typically a a policy of belligerent nationalism and racism.

Apparently this is the new party line he is espousing.

Get out your dictionaries - what does yours say?

Tuesday, July 17, 2007

Here's INFORMED decision making for you

James Faulk starts out talking about local hairdressers being excited about the opportunity to give presidential candidate John Edwards a cheap haircut to help him shake off the criticism for his expensive habits (or were they hoping he'd pay THEM $400, that's not clear.)

Then, he branches off: Many local lock snippers, embittered by recent Humboldt County elections, pointed to the rifts created in their industry in last race for district attorney.

Paul Gallegos, flush with a full head of hair, seemed an obvious choice for the local beauty industry. But Worth Dikeman, man of the charming flesh-colored dome, had friends at least who needed haircuts, and many of those have been known to drop generous tips.

So the bloodbath ensued -- hairdresser versus stylist, sister versus sister, mother versus daughter, stylish man versus talkative woman.

In the end, youth and beauty won the day...


I guess that's why, despite all evidence of his incompetence, the Times Standard chose to endorse Gallegos in the last go-round, saying "He deserves an uninterrupted four-year term to show what he can do."

Just - lovely.

Monday, July 16, 2007

Retrial dredges up past for longtime Fortuna residents

After a fifth motion to grant Kesser a new trial:

FORTUNA -- An old dusty box in Police Chief Kris Kitna's office is a reminder of the past.

A reminder of a crime that shook the Friendly City over a decade ago and is about to be rehashed in a lengthy retrial.

”This is something we thought was over,” Kitna said in a recent interview.

Jury selection is under way in the homicide retrial of Richard Craig Kesser and Jennifer Gayle Leahy, who allegedly hired Stephen Duane Chiara to kill Kesser's estranged wife in 1991.

Mary Kesser's body was found Nov. 26, 1991, in her N Street home with more than 30 stab wounds.

Chiara was arrested the next day when he was found hiding in Kesser's closet. Kesser and Leahy were arrested Dec. 10, 1991.

”It really affected a lot of people,” Kitna said. “Stuff like that doesn't happen here.”

Since the Kesser killing, there have been two other homicides in Fortuna, Kitna said. One was deemed self-defense, and the other was a murder/suicide pact between an elderly couple.

Kitna worked the case as a sergeant, along with Officer Cliff Chapman. They are the only officers currently on the force who were there when the killing occurred.

Kitna said that Mary Kesser was well known in Fortuna and that the brutality of the crime against the young mother rocked the community.

”This was a good person who got killed,” Kitna said. “This wasn't a drug deal gone bad or something like that.”

Rhonda Rael, who provided “gavel to gavel” coverage of the 1992 trial for the Times-Standard, said in a recent interview that it was who Mary Kesser was that sent shock waves through Fortuna and the county.

”It was particularly sad because she was an innocent victim and a young mother,” Rael said. “I remember Terry Farmer (the district attorney at the time) told me she fought. She fought back.”

After the killing, police offered counseling for officers and residents, Kitna said.

Police were alerted to the case when a relative called and said Mary Kesser didn't pick up her then 4-year-old son from the baby sitter.

Police found the body and the investigation began.

Mary Kesser's son still lives in the area, Kitna said, and is going to college.

Richard Kesser and Leahy were linked to the crime through phone calls made to Chiara's mother and friends in Sonoma County.

The alleged motive for the killing was Mary Kesser's $50,000 insurance policy.

All three of the accused were convicted in December 1992 by a seven-man, four-woman jury. They were sentenced in 1993.

In September 2006, the U.S. 9th Circuit Court of Appeals granted Richard Kesser and Leahy a retrial after finding that former Deputy District Attorney Worth Dikeman rejected potential jurors “on the basis of their race, in violation of the Equal Protection Clause of the 14th Amendment.”

Dikeman has denied the finding.

The Humboldt County District Attorney's Office estimates jury selection, which began last week, will take another three weeks. The trial is estimated to last three months.

Retrial drudges up past for longtime Fortuna residents
Chris Durant, The Times-Standard 07/16/2007

It was Thanksgiving week.

Saturday, July 14, 2007

"Teen" Challenge update

Property buy falls through; Redwood Teen Challenge back to drawing board
After weeks of public outcry and heated debates at City Council meetings, plans to convert the dilapidated church building at 321 West Wabash into a Redwood Teen Challenge facility died quietly this week...Read the rest

Assembly Bill 992 stirs debate
As state Sen. Pat Wiggins' bill aiming to tighten restrictions on drug and alcohol recovery programs draws cheers from some locals, others caution it may have unintended affects.

Assembly Bill 992, which passed through the Assembly Committee on Health last week and is expected to come before the Appropriations Committee in August, would require licensing of all drug and alcohol treatment facilities.

That includes recovery maintenance facilities, often called clean and sober houses, and facilities with six and fewer residents -- both of which have been free to operate without licenses or oversight.

Many locally are embracing the bill, calling it a much needed step toward addressing a problem that is eating at the fabric of Eureka neighborhoods. But, some question just how affective the bill might be.
Read the rest

Addtl:
Resident: Prove deal is 'dead' 7/17/07
Good arises from anger 7/19/07

INVESTIGATING TEEN CHALLENGE - Why Does Teen Challenge Need to Be Investigated?

Friday, July 13, 2007

Ahhh, there is news after all!

News on both the Kesser case AND the Moore case.

Today, Friday, is day 456 - A year plus 91 days later, and still no decision from Paul Gallegos.

Gallegos: Retrial will 'likely' delay Moore decision
Chris Durant/The Times-Standard 07/13/2007

Humboldt County District Attorney Paul Gallegos said Thursday that it's “highly likely” the retrial he's currently picking a jury for will further delay a decision on whether to file criminal charges against the Eureka Police officers who shot and killed a woman during a standoff in 2006.

Last month, Gallegos told the Times-Standard he wouldn't be pressured into a decision regarding the April 14, 2006, shooting but that he wanted to come to a conclusion before the end of the retrial -- now projected to last into October.

Cheri Lyn Moore, 48, had a known history of mental illness when police stormed her Eureka apartment during a two-hour standoff in which she was seen brandishing a flare gun. It was the first in a series of police involved shootings.

Gallegos has blamed a “bottleneck” in his office for the lack of a decision in the Moore case.

”Again, it's very frustrating,” said Eureka Police Chief Garr Nielsen, who was hired after the shooting. “It's an open wound on the department and the community.”

Nielsen said he couldn't understand the delay and that there has been sufficient time to make a decision.

”It's certainly as important as anything else on his desk,” Nielsen said.

The attorney representing Moore's family, W. Gordon Kaupp, said in an e-mail that a delay in the criminal decision will delay action on the civil suit filed in late May against the city, the Eureka Police Department and individual officers.

”Although the depositions in the federal civil rights action will likely not take place sooner than three months, if he continues to keep the decision regarding the criminal case in limbo it will cause great disruption to the civil case,” Kaupp said.

“There is no reason for not being able to come to a decision about this in one year. I can think of no other murder that took a district attorney's office so long to make a decision about filing charges, convening a grand jury, or announcing that no charges will be brought,” he said.

Jury selection began this week in the retrial of the 1991 homicide case Gallegos is prosecuting. The trial is estimated to last three months.


OK, so that's the excuse for this week. But today, Friday, is day 456 - A year plus 91 days later.
***
Update: Kesser case
Retrial drudges up past for longtime Fortuna residents

Thursday, July 12, 2007

Just for fun

Courtesans, Pimps, Damsels, Evil Life, Disreputable Houses, Scanty Bathing Suit, House Burnings, Ill-Fame & Ill-Repute in the News cir. 1890's
Maybe it was always a hellhole... "crime stories" page 1 from "The Arcata Union" 1887, "The Ferndale Enterprise" 1894, "The Daily Humboldt Times" 1895, "The Daily Humboldt Standard" 1893 page 2
Sources: Humboldt County Historical Society (link on site)

For example...

If Gallegos himself decides to prosecute the Kesser case - will he be able to call all of the witnesses who testified at the previous trial?

Debi August was one of the witnesses.

Tuesday, July 10, 2007

Conflicts of interest

Murder retrial begins Monday

Gallegos should not be involved in the Kesser case. He should give it to Max Cardoza, or another qualified Deputy DA in the office, for a variety of reasons, not the least of which is the politicization of this case during the election.

Case in point:
Elections should focus on the good record of candidate
5/27/2006
Dear Editor,

I realize that in writing this letter it is not helping my cause in trying to keep my family’s name and the circumstance regarding my son’s 14-year-old trial out of public scrutiny. That is not possible now, as Ellie Bowman and Madison Ayala have taken it upon themselves to pass out fliers in front of the Courthouse regarding this case.

They have not taken into consideration, nor have they contacted me as to how this would affect my feelings or the feelings of my grandson, whom I have been raising since this tragedy.

They state that this is not politically motivated. Why then, after this length of time, have they taken it upon themselves to bring anything about this case up now? Yes, Mr. Worth Dikeman was the prosecuting attorney in the case and yes, he obtained a conviction and yes, it is something I have to live with every day, but he was doing the job he was appointed to do and I will never fault him for that, not as it seems Ellie Bowman is doing because of the conviction of her son.

During the trial and for all the years that have gone by, Mr. Dikeman has shown me and my family the greatest respect and compassion. He has shown interest in how my grandson was doing in school, how I was doing and always had a great concern for our family. I doubt if there are many attorneys on either side who do that. I deeply resent the fact that to win an election people have to use tactics that can hurt other people instead of running on their supposedly good record.

Joanne Kesser
Fortuna

***
There are other serious conflicts as well.
***
Update:
Retrial drudges up past for longtime Fortuna residents

Friday, July 06, 2007

Is this weird?

The good old "Center for Biological Diversity" has been at it again.

Last fall, two environmental groups — the Pacific Rivers Council and the Center for Biological Diversity — sued the state Fish and Game Department, claiming that its trout planting program had failed to assess the adverse impacts on "sensitive aquatic species," such as the mountain yellow-legged frog, the Yosemite toad and the Santa Ana sucker.

Deanna Spooner, conservation director for the Pacific Rivers Council, based in Eugene, Ore., said it's not just that hatchery-reared rainbows "prey on other fish, on frogs and other amphibians, compete with native species for food and habitat, hybridize with native trout and spread disease. They literally change aquatic systems."

John Sullivan, who grew up in the Eastern Sierra and tied fishing flies for extra money as a teen, is skeptical that frogs are victims of trout. "If frogs are such a favorite of trout, why aren't there any frog lures being sold in Sierra sporting goods stores?" he asks. "Or pollywog lures?"

"And if trout are eating frogs in all those lakes, why aren't the trout big? The fish are small and hungry."

"The answer is because they eat bugs."
Read the rest

Be careful what you wish for.

"Media Maven" Marcy Burstiner is "...frustrated with the two dailies because they each go about covering crime and the courts in a superficial manner." She makes some excellent points in a well written piece, and she does the right thing, noting: "Now, before all you bloggers with too much time on your hands go ballistic on me, here’s the disclosure you want to see: My husband works as a deputy district attorney and he used to be a criminal defense attorney."

It's a good thing she included the disclaimer this time. Her husband is not just any Deputy District Attorney, he is Jeffrey "yougofree.com" Schwartz, the source of much of the frustration surrounding the DA's Office itself. The same "Jeffrey, Schwartz" listed in the yellow pages under Attorneys, with a cell phone number as his office number, while he is serving as a public prosecutor.

The Maven's column addresses trial coverage, which of late has been territory largely ceded to The Eureka Reporter. And, as she points out, reporter Kara Machado sticks to "the facts, Ma'am, just the facts." The Maven would like to see the story behind the story, and oddly enough, we are in agreement here. Funny thing, though, it is The Journal that has traditionally filled that niche, telling the story behind the story, and rounding out the coverage.

But, be careful what you ask for, Marcy. It would be interesting, for example, to hear from the woman who was tied to a tree and raped for three days whether or not she was willing to testify against her attackers, and how she was treated by the DA's office, whether or not she was encouraged to stand up, or guided into not testifying. It would be interested to hear how the victims and the victims families feel about all the plea bargains of late. It would be interesting to hear how the jurors felt about how the trials went. It is indeed the way it is done in other places.

What may really shock Marcy the most though, is just how little the public cares about the people in the DA's office. How little they know about the work they do, about the long and thankless hours that they put in on behalf of the public. They do indeed care more about the cast of "Law and Order" than they do about the people working for them.

The prosecutors who have left, and who have been fired found out. They found that the people they had toiled for did not even raise an eyebrow at their passing. Did not squawk about the talent they were losing, expressed no appreciation for the years of work, and laughed it off with the notion that any pro-bono attorney (or defense attorney) could be brought in to fill their shoes.

Perhaps it will be a sobering realization when it hits home.

Question really is, Who's left?

Day 449

And still Paul Gallegos has not made a decision in the Cheri Moore case.

Thursday, July 05, 2007

So.

I'll be resubmitting my Public Records Act Request for the Child Abuse Services Team (CAST) information. In my conversation with Chief Investigator Mike Hislop, I was under the impression that he agreed that the agendas, minutes and sign in sheets for CAST meetings were certainly not "evidentiary" in nature, as Gallegos has claimed. And I have waited. But, the documents have not been delivered.

developing...

related:
Round Two
What is there to hide?
Public Records Act Request
Gallegos puts Jeffrey "yougofree.com" Schwartz in charge of CAST
A matter of priorities
ER - Former deputy DA speaks out
ER - Candidates spar over child abuse team
ER - DA's Office yet to respond to request for child abuse records
ER - CAST established with child victims in mind
ER - CAST needs support Gallegos is not providing

Wednesday, July 04, 2007

Celebrate the Fourth

photo source
.
THANK YOU, Lane DeVries! It was spectacular!
Additional info: Lane credits Carl Pellatz as the other half of the fireworks rescue effort. So THANKS to you both!
I'm also told that Eureka's show was also fabulous! More THANKS for all.
Both The Times-Standard and The Eureka Reporter got some great shots! Check 'em out!


More:
Thanks to Sun Valley Floral Farms for making Arcata Fourth of July a special day 7/15/2007
Dear Editor,

Thank you, Sun Valley Floral Farms, for your generosity in stepping in at the last minute to finance the Arcata Fourth of July fireworks show. It was the best show I have ever seen in Arcata. Without this show of support to the community from your company, the Fourth would have been just another day in Arcata.

Thanks again for capping off a great Independence Day for my family and me.

Joel Rink
McKinleyville

Copyright (C) 2005, The Eureka Reporter. All rights reserved.

Tuesday, July 03, 2007

a 2003 murder case

Preliminary hearing in murder/attempted murder case continued
...defense attorney (Neal Sanders) declared a conflict of interest Monday morning with regard to defending his client — a man charged in a 2003 murder/attempted murder case... David Gabriel Barger was to have his preliminary hearing — after which a judge would have determined whether there was sufficient evidence to warrant a trial — he was assigned a new Eureka-based attorney, Marion Miller.

According to past reports, Barger pleaded not guilty in late March to the July 19, 2003, murder of Rex Shinn; the Aug. 13, 2004, attempted murder of Brandon Fee; the Aug. 13, 2004, assault with a deadly weapon, being a firearm, of Brandon Fee; and the Aug. 13, 2004, assault with a deadly weapon, being a firearm, of Alvin Pires.

Barger, 22, a resident of Southern Humboldt — who has gone by the last name of Sequoia — also issued denials to the various firearms-related special allegations listed on the complaint filed by the Humboldt County District Attorney’s Office.

...The police report alone, Sanders said in a previous interview, is more than 1,400 pages long.


Humboldt County DDA Max Cardoza is prosecuting the case.

Related:
Date Released: Sheriff's Press Release 8/28/2003
Subject: Missing Person
Contact: Det. Rich Schlesiger (707)268-3642
Case No#: 200305296
Released By: Brenda Gainey, PIO
Location: Loleta

Investigators from the Humboldt County Sheriff’s Office and the District Attorney’s Office are still searching for a missing Loleta man. Rex Donald Shinn, 32, was reported missing on August 11, 2003. Since then investigators have been conducting an intensive search for Shinn.

Shinn is a white male adult, 5’8” tall and 160 pounds. He has brown hair and blue eyes.

Shinn drives a silver-blue 1995 Chevrolet ½ ton extended cab 4X4 truck; California license number 5B49549. The truck has the phrase “Shinn Dig Excavation” in blue letters on the doors and a graphic of an excavator on the side.

Anyone with information should call Detective Rich Schlesiger at (707) 268-3642.

MISSING MAN'S BODY FOUND: A body believed to be that of a murdered Loleta man was found Jan. 20 on private land five miles east of Honeydew, the Sheriff's Office reported. An autopsy will be performed this week to identify the remains, but sheriff's officials believe the dead man is Rex Donald Shinn, 32, who was reported missing in July 2003. A homicide investigation began soon after Shinn's truck was found abandoned in Petrolia on Aug. 30, 2003. Detectives believe they know who killed Shinn and will forward the case to the District Attorney's office. Anyone with information can contact Humboldt County Sheriff's Detective Rich Schlesiger at 445-7251.

MURDERED MEN IDENTIFIED: The remains of two slain men whose bodies were left in Southern Humboldt have been positively identified. A body discovered last month in Honeydew was identified through dental records as Rex Donald Shinn, of Loleta, according to the Humboldt County Sheriff's Office. Autopsy results confirm that Shinn, 32, died of a gunshot wound. The Sheriff's Office says that they know who killed the man, who was reported missing in July 2003. Sheriff's detectives are continuing an investigation into Shinn's murder. Anyone with information should contact Detective Rich Schlesiger at 445-7251. In another unsolved homicide, a recent DNA comparison has identified Robert John Tobaka, 53, of Eureka almost one year after his body was discovered in the woods near Pepperwood. The cause of the man's death was not released by the Sheriff's Office; an investigation continues.

Rules of Professional Conduct

NDAA National Prosecution Standards

Conflicts of interest
7.1 Conflict Avoidance
The prosecutor should avoid interests and activities which are likely to appear to, or in fact do, conflict with the duties and responsibilities of the prosecutor's office.

7.2
Conflicts with Private Practice
In those jurisdictions which do not prohibit private practice by a prosecutor:
a. The prosecutor should avoid representation in all criminal and quasi-criminal defense regardless of the jurisdiction.

b. The prosecutor should avoid any representation in which there is a reasonable belief that the subject matter will be that of a criminal investigation.

c. The prosecutor should avoid any representation of a person who is under criminal investigation, charged or indicted, and any agent or close relative of such a person.

d. The prosecutor should avoid any representation to private clients or prospective clients that the status as prosecutor is or could be an advantage in the private representation.

e. The prosecutor may not designate the status as prosecutor on any letterhead, announcements, advertising, or other communications involved in the private practice and may not in any manner use the resources of the prosecutor's office for the purpose of such non-prosecutorial activities.

f. The prosecutor should excuse himself from the investigation and prosecution of any client of the prosecutor and should withdraw from representation of that client.

7.3 Specific conflicts
In all jurisdictions, including those prohibiting private practice by prosecutors:

a. The prosecutor should excuse himself from the investigation and prosecution of any former client involving or substantially related to the subject matter of the former representation, unless, after full disclosure, the former client makes a counseled waiver permitting the prosecutor's involvement in the investigation or prosecution.

b. The prosecutor should excuse himself from the investigation and prosecution of any person who is represented by a lawyer related to the prosecutor as a parent, child, sibling, or spouse or who has a significant financial relationship with the prosecutor.

d. The prosecutor should avoid any private interests, financial or otherwise, which may affect his professional judgement in the exercise of the duties and responsibilities of the prosecutor's office.

MOU: COUNTY ATTORNEYS' ASSOCIATION
County Documents > Memorandum of Understanding http://co.humboldt.ca.us/personel/docs/Attorney/

11. OUTSIDE EMPLOYMENT

A. Policy on Incompatible Activities
Each employee and officer of the County of Humboldt, regardless of the capacity in which he may be employed, is hereby prohibited from engaging in any activity inconsistent, incompatible or conflicting with his duties or which might impair the impartial performance of his duties. Any employee engaging in outside employment shall notify his appointing power of the nature and expected duration of such outside employment seven (7) days before the commencement of such outside employment. Such employee or officer shall not perform any work, service or counsel for compensation outside of County employment where any part of his/her efforts will be subject to approval by any officer, employee, board or commission of Humboldt County unless otherwise approved in the manner prescribed below.

Each appointing power may determine those outside activities which, for employees under his/her jurisdiction, are inconsistent with, incompatible with, or in conflict with their duties as Humboldt County officers or employees. An employee’s outside employment, activity or enterprise may be prohibited if it: a) involves the use for private gain or advantage of Humboldt County time, facilities, equipment and supplies, or the badge, uniform prestige or influence of their Humboldt County office or employment; or b) involves receipt or acceptance by the officer or employee of any money or other consideration from anyone other than Humboldt County for the performance of an act which the officer or employee, if not performing such act, would be required or expected to render in the regular course of their Humboldt County employment or as a part of their duties as a Humboldt County officer or employee; or c) involves the performance of an act in other than their capacity as a Humboldt County officer or employee which act may later be subject directly or indirectly to the control, inspection, review, audit or enforcement of any other officer or employee of Humboldt County; or d) involves such time demands as would render performance of their duties as a Humboldt County officer or employee less efficient. An employee or officer may appeal an adverse decision of the appointing power, within five (5) days after written notification of the decision, by written appeal to the Personnel Director who shall affirm, reverse or modify the decision of the appointing power. The employee or officer may then, within five (5) days after written notification of the decision of the Personnel Director, appeal in writing to the Board of Supervisors. The decision of the Board of Supervisors shall be final and conclusive.

B. Prohibition Against Personal Use of County Equipment

No County-owned equipment, autos, trucks, instruments, tools, supplies, machines or any other item which is the property of the County of Humboldt shall be used by any employee of the County while said employee is engaged in any outside employment or activity, for compensation or otherwise, except upon prior order by the Board of Supervisors.
C. Prohibition Against Loaning County Equipment
No employee shall allow any other person to rent, borrow or use any of the items mentioned in Paragraph B above for any other than a public purpose, except upon prior order of the Board of Supervisors.
D. Penalty for Violation of Section
Any violation of the provisions herein contained respecting outside employment or activity and use of County property shall constitute sufficient grounds for immediate dismissal from the County service of the officer or employee guilty thereof.

pg 7

A conviction

German citizen convicted of one charge

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

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

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

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

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

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

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

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

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

AND - Another plea agreement

Defendant pleads no contest to plea
by Kara Machado, 7/2/2007

On the day he was to start trial proceedings, an Arcata man pleaded no contest to a plea agreement that dropped an attempted murder charge.

Based on Monday’s negotiated plea agreement, a judge will not be able to sentence Blake Gregory Moreland, 21, to more than seven years in state prison, said Humboldt County Deputy District Attorney Arnie Klein — the minimum Moreland could potentially face, Klein said, is probation.... Moreland pleaded no contest Monday morning to a plea agreement of assault with a deadly weapon — a .380-caliber handgun — and admitted a special allegation that he personally used a handgun in the commission of a crime, Klein said... A special allegation increases the time a defendant faces at sentencing.

...Past reports indicate Moreland was charged with attempted murder, assault with a firearm, discharging a firearm out of a vehicle and negligent discharge of a firearm... According to previous reports, Moreland and a male victim were driving in separate vehicles in the Manila area when, at one point, Moreland shot at the victim — who had a woman, a 17-year-old girl and a 2-year-old child as passengers in his vehicle.

Monday, July 02, 2007

What's the objection?

Harbor District fills new Port of Humboldt promotion position (Port of Oakland Maritime Director Wilson) Lacy’s hiring was enthusiastically received by most, but not all, of those attending Thursday’s meeting, and some reminded the commissioners not to forget their obligation to recreation and conservation.

When did Jennifer Kalt become a "Baykeeper" representative?

What's Mr. "Baykeeper's" objection here? Guess you'll have to tune into his special radio show to hear the spin.

Humboldt Baykeeper representative Jennifer Kalt read a letter from group Program Director Pete Nichols that demanded the district deny Lacy’s hiring, which Nichols said is not a good use of taxpayer money because there is no viable shipping program for him to oversee.

But paying off predatory lawsuits IS?

More:
Arcata Eye - New Harbor hire draws fire
Arcata Eye - Nichol's letter

The people who conduct the business, and who have to make the decision say they need "someone “with extensive experience to market this port on an international basis... . We found this candidate and are really excited.” “Never, in all the years I’ve been preaching the return of the port, did I imagine we’d land a guy like Wilson Lacy. It doesn’t happen every day.”

But the all-knowing "Baykeeper" says “I find the District’s direction on this issue very worrisome, poorly thought out and seriously lacking in strategy,”

Maybe that means he's afraid Lacy won't cave in to threatened litigation.