Wednesday, October 31, 2007

Hank's Up and Running

Check Out The Journal's new Blog at Wordpress
http://ncjournal.wordpress.com/ now added to the links in the sidebar.
Enjoy the ride, Hank.

Another marijuana grow to blame for Arcata house fire

TS Another marijuana grow to blame for Arcata house fire (with video)
TS Local landlords look for ways to ensure their renters aren't growers
ER Marijuana seized from concert promoter's home
...A People Productions concert promoter was arrested Thursday morning after approximately 27 pounds of marijuana was found at her Benbow residence, said Jack Nelsen, commander of the Humboldt County Drug Task Force.

A search warrant was served at the home of 30-year-old Heather Jessica Lake, Nelsen said, and agents seized the marijuana, including 10 pounds of processed bud, in addition to 549 marijuana plants and more than $12,000 in cash.

Lake’s arrest took place hours before the Snoop Dogg concert in Eureka, an event Lake reportedly told investigators she was involved with...

Tuesday, October 30, 2007

WTF? Amicus Curiae? SF?

And how did this come about?

Sent to every DA in the state? What? He can't "get Palco" by himself so now he wants the rest of the state to sign on? And the City and County of San Francisco signed on? Is Joe Cotchett involved? Is Stoen? Is this so Gallegos won't have to go do the oral arguments himself?

To all enviros, from Paul Gallegos:

We are interested in any DA's offices that want to file an Amicus Brief in our PL lawsuit. The issue is whether an entity can commit fraud in an administrative hearing and received Noer-Pennington Doctrine immunity and CCP 47(b) protection. Naturally, we believe they do not apply and, if they do, not to 17200 cases brought by a DA, AG, or CA. I have attached the San Franciso City Attorney's Amicus and will provide our briefs if any one is interested in viewing it. There is some time urgency. <<00444879.DOC>> <<00445121.DOC>>

Paul V. Gallegos
District Attorney

Office of the District Attorney, Humboldt County
825 Fifth Street
Eureka, CA 95501
(707) 445-7411
Fax: (707) 445-7416


00444879.DOC AMICUS CURIAE BRIEF OF THE CITY AND COUNTY OF SAN FRANCISCO IN SUPPORT OF APPELLANT a 29 pg. document
00445121 APPLICATION OF THE CITY AND COUNTY OF SAN FRANCISCO FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF APPELLANT a 4 pg pdf document

description-of-amicus-curiae

Update from the Appeals Court:
Amicus curiae brief filed by: Attorney: Danny Yeh Chou
10/30/2007 Amicus curiae for appellant: City and County of San Francisco
Response to amicus curiae brief due to be filed by: Attorney: Edgar Bancroft Washburn Attorney: John Alan Behnke 11/20/2007 Defendant and Respondent: Pacific Lumber Co.

Complete timeline.

And, to really understand just how seriously Paul Gallegos took his Appeal - read his last minute plea for help... he's under a bit of a deadline...

Monday, October 29, 2007

The Mother of all Long Term Projects

Here is an explanation of the school homework policy:
Students should not spend more than 90 minutes per night. This time should be budgeted in the following manner:

☛ 15 minutes looking for assignment
☛ 11 minutes calling a friend for the assignment
☛ 23 minutes explaining why the teacher is mean and just does not like children
☛ 8 minutes in the bathroom
☛ 10 minutes getting a snack
☛ 7 minutes checking the TV Guide
☛ 6 minutes telling parents that the teacher never explained the assignment
☛ 10 minutes sitting at the kitchen table waiting for Mom or Dad to do the assignment

LONG TERM ASSIGNMENTS

These are given the night before they are due, you understand. This explains the name "long term." It is a long term commitment to time that begins at 9:30 PM and ends at 11:50 PM - or later, the night before it is due. It is important that the whole family is involved in the project. It is imperative that at least one family member races to Walmart/KMart for posterboard, and that at least one family member ends up in tears (does not have to be the student).

One parent needs to stay up and complete the project. The other parent needs to call the school and leave a message that the student is out sick. It is not necessary to have the student's name on the assignment.

THE MOTHER OF ALL LONG TERM ASSIGNMENTS:

While most "LongTerm Projects" are, say 2-6 weeks in reality - ending of course, the night before they are due... this one is, depending on how you look at it - four years and seven or eight months total, or two years and 4 or 5 months...

That's how long Paul Gallegos has been working on his "get Palco lawsuit." Once the judge threw his case out - with prejudice, he had to decide whether or not to appeal that decision. The PR machine kicked into gear, screaming about "the right to lie," but it died down, and almost looked like Gallegos was going to let it die a quiet death. But that would not satisfy his handlers, so he ended up filing his appeal, and recently filed his reply brief, which was due to the First District COURT OF APPEAL September 20th.

Which is why on September 17th - the following plea was sent to 127 other DAs and DOJ, EPA and others around the state in an unrelated email chain:

9/17/2007 2:28 PM

I have some questions re our appeal on the PALCO lawsuit:

Can anyone cite any case that stands for the assertion that applying for a timber harvest plan is "lobbying" and/or "petitioning government" under Noerr-Pennington? What about any authority that says it isn't?

It seems absurd to me that submitting false information in seeking regulatory approval is lobbying or petitioning government and is, therefore, protected from prosecution under the noerr-pennington doctrine. Any thoughts and/or assistance in this matter would be appreciated.

I am in a bit of a deadline... Thursday... so if you can provide any help before then it would be appreciated,

If anyone wants to see our opening brief and their response I would be happy to fax it. Please only ask if you want to assist in this inquiry though.

Your assistance is appreciated.

Paul Gallegos


***

You can't blame this one on the dog.

More World of Good

KT has another World of Good Post that you don't want to miss.

It seems "San Diego is getting support from an unexpected and unbelievably generous source. Check it out here."

I haven't been watching the news the past few days, so let me know if it makes the evening news or CNN.

Friday, October 26, 2007

Time to fess up, heraldo

I'm all for the concept of anonymous comments, heraldo, but a blog owner is a different story.

And you're not Captain Buhne, just poking fun.

If you are going to talk shit about someone, YOU need to come clean about who YOU are.

I faced the same thing when I decided to start watchpaul. I knew that I would be saying harsh things, and it wouldn't be nice. Therefore I had to be upfront.

It's not that hard. Presumably you have the courage to do it.

(You can discuss it with heraldo here)

Thursday, October 25, 2007

Conundrums...

Why is it that we are supposed to IGNORE the environmental degradation, destruction of property brought about by pot growers because POT is such a large source of money for the county, but we are NOT to ignore it in the case of the lumber companies who are also one of the largest sources of money for the county... should we not be throwing up obstructionist lawsuits and prosecutions of homesteader/pot growers.

Earth First!/Greg King lured impressionable young people to come in as cannon fodder to STOP THE CUTTING OF TREES, and one of them, David Chain, LOST HIS LIFE - then you have Greg King standing in front of the Board of Supervisors stating that he owns TPZ land AND HE PLANS TO CUT THE TREES.

Mark Lovelace/Greg King/Larry Evans stood up and said they wanted to see the lands stay as timber production - are they then willing to DROP all their obstructionist tactics and constant lawsuits? Are they willing to aid Palco, Green Diamond, Sierra Pacific. and all the others? To save the logging industry? God that's rich!

And why is Marjorie Burgess crowned mother-of-the-year for letting her son cut school. hang out in a house stoned out on meth, watching TV with his pregnant girlfriend, and excuse his threatening a policeman with a knife but Gallegos is rumored to plan to charge a woman whose kids are truant with a FELONY?
pdf doc
TS Mother arrested after children miss school
Truancy complaint leads to arrest
She needs the help that everyone proffered retroactively to Marjorie Burgess.

But six Mexican nationals with thousands of pot plants and prior records = misdemeanor disturbing the peace. (case number CR074966S)

Humboldt County justice under the schizophrenic DA's Office. Or as Richard Salzman would say "Justice for All."

You just have to laugh

Only in Humboldt County would they make a federal case out of "the push" - but let the guys accused of tying a woman to a tree for three days and raping her cop a plea... Only in Humboldt County could the DA allow his office to swoop up and dismiss nine felonies in a single day for the son of one of his donors, and not consider that a conflict of interest, but then pull this... But what choice does Gallegos have? This is another instance where his handlers are calling for blood, and he can't deliver.

NEWS RELEASE

FOR IMMEDIATE RELEASE
October 25, 2007

CONTACT: Assistant District Attorney, Wes Keat
PHONE: (707)268-2554

DISTRICT ATTORNEY FORWARDS INVESTIGATION TO ATTORNEY GENERAL’S OFFICE

District Attorney, Paul Gallegos, made public his decision to forward the investigation into the allegations involving Robert Arkley and City Council member, Larry Glass to the California Attorney General’s office stating that “It is important that the Attorney General’s Office review the matter to determine whether the decision on whether to file criminal charges should be made by the Attorney’s General Office instead of ours.” He added further, “I was present that evening, was interviewed as a witness and have had or have a personal relationship with the involved parties and several witnesses. I have some concern that, even if I could decide the matter fairly and impartially without bias for or against any party, any decision I made would have an overwhelming appearance of an impropriety and have communicated that to the Attorney General’s Office. If the Attorney General’s Office determines that, despite the presence of these issues, it is appropriate for my office to decide this matter, I will review it for the possibility of filing criminal charges.”

In a criminal action, a defendant may move to recuse or disqualify the prosecutor on the ground of a conflict of interest that would make it unlikely that the defendant would receive a fair trial. This is done by showing circumstances that demonstrate a “reasonable possibility that the District Attorney’s Office may not exercise its discretionary function in an evenhanded manner”. The defendant must then show that the conflict is “so grave as to render fair treatment of the defendants in all stages of the criminal proceedings unlikely.” The conflict must be caused by factors extraneous to the prosecutor’s official duty. Although both actual and apparent conflicts can form the basis for recusing the prosecution, for a defense motion to recuse the prosecution to be granted, the likelihood that the defendant will not receive a fair trial must be real, not merely apparent.

Press: Gallegos forwards investigation report to attorney general

A World of Good, San Diego style



Blogger KTCat at the Scratching Post has a great series of posts with links to maps of the fires, and links to other bloggers who are living with the dangers. He says "San Diegans can be proud of how we handled this situation. I'm so proud of all my neighbors. What a great city to live in.
KPBS online
And Still I Persist
lots more...

And Humboldt County style:


Firefighter Mike Smith from Cal Fire’s Humboldt-Del Norte Unit was photographed Wednesday on Palomar Mountain by a Los Angeles Times photographer. Engine 1282, shown in the photo, is a reserve engine from the Garberville station. A Cal Fire spokesperson said additional personnel assigned to the engine were firefighters Dan Lomiglio and Derick Boyton and Engineer Alexis Davie. AP photo/Los Angeles Times/Wally Skalij
In the line of fire

Wednesday, October 24, 2007

Editorial: Political bomb ticks on . . .

TS It was hard to know whether to laugh or cry when word came on Monday that the Eureka Police Department was ready to give the district attorney its investigation report on the Rob Arkley-Larry Glass “incident.”

With great anticipation, we looked forward to learning the truth about what happened on Sept. 5 when Eureka City Council member Larry Glass met local mogul Rob Arkley at a reception at Avalon restaurant. Glass charged that Arkley shoved him, said he was having him followed, and threatened to destroy him if Glass voted against his Marina Center project. Arkley's spokespersons have said there was no physical contact or surveillance -- that Arkley was angry over the councilman's attacks on his family. Since there were dozens of potential witnesses at the Avalon, no doubt the police report clarifies who was telling the truth.

But depression set in when District Attorney Paul Gallegos said he would send the report immediately to the state attorney general. Not because he couldn't be fair to both parties, he said, but there was an appearance of conflict because Arkley once contributed to his campaign.

Our tears are because we doubt Attorney General Jerry Brown will want to catch this hot potato.

He has his eye on the governor's seat and is looking for bigger fish to fry . . . er, prosecute. Besides, in responding earlier to Humboldt County Democrats' plea that his office take the case, a Brown assistant wrote that “a mere appearance of conflict is insufficient to warrant recusal.”

So the state seems primed to say “no thanks” and toss it back to Gallegos, the gentleman who -- 560 days and counting after the officer-involved killing of the mentally ill Cheri Lyn Moore -- apparently has decided to let a criminal grand jury make the politically volatile prosecution decision for him. The Arkley-Glass case is a ticking bomb, too. The mind reels in contemplating another 2 1/2-year wait.

So to Mr. Brown or Mr. Gallegos: Please have pity on a poor, suffering community, not to mention the parties involved in the case. Whichever of you gets this case when you're done playing musical chairs, don't drag it out. Tell us if a crime was committed or not.
Editorial: Political bomb ticks on . . .

It's not just a hot potato, this is silly putty. This is Gak.

More: Glass-Arkley investigation headed to DA
Gallegos said his office would not review the report.
Attorney General's Office to get Arkley-Glass report
Humboldt County District Attorney Paul Gallegos said his office received the EPD report on Wednesday and he estimated it would be sent to the AGO either Wednesday or today, but no later.

Gallegos has previously told this newspaper that he considers Arkley a friend and that Arkley contributed to one of his political campaigns.

In explaining his reasoning for sending the report to the AGO, Gallegos said, “While I believe I can make a fair and impartial decision, I believe that, due to my relationship with both the parties and some of the anticipated witnesses, it is impossible to do so without creating the appearance of an impropriety.

“If the Attorney General’s Office decides not to accept the case, I will review it and make a decision. However, until such an occurrence takes place, I will withhold reviewing any material that is forwarded to us and making a decision regarding the possibility of any criminal charges being filed.”

***

Besides the fact that that is a pretty coherent response so I have to wonder who wrote it for him - I still want to know why swooping up nine felonies and dismissing them in a single day for the son of some of his biggest donors wasn't a case of "creating the appearance of impropriety."

Tuesday, October 23, 2007

Native Funk and Flash...

Homesteading was fairly normal in the late sixties into the eighties, lots of owner built homes, "Hippie" craftsman who built things with that human touch - many to code or better, but without permits. Most prevalent in Southern Humboldt, but sprinkled throughout the county, mostly college age transplants, young and idealistic - it was the back-to-the-land time, grow your own, self sufficiency... Alex Fairless, now Alex Stillman, Mayor of Arcata, lived in an "alternative" structure built on top of a tree stump. Made it into National Geographic.

Then Building/Planning decided to crack down, with draconian revisions to the building code and code enforcement. Tom Conlon was in charge at the time.

Anybody remember that? Remember what happened? Remember Dan Taranto?

The demise

The reality is, unless something changes, logging is going the way of whaling.

Britt Lumber closes, idling Aldergrove plant for now – October 2, 2007

ALDERGROVE – The saws and loaders at West End Road’s Britt Lumber fell silent at 2:30 p.m. Friday, the final day of operation for the Arcata sawmill. Ralph Hafar Jr. was taking his time leaving. After 15 years with the company, a facility that also employed his father and his son, head saw filer had plenty of memories tied up with the company. “This is the best job I’ve ever had,” Hafar said.

The crew had known final day was coming for months. From a one-time peak of 120 workers, the mill staff was down to under 20 by Friday. Britt reduced a shift earlier this year and parent company Palco, in bankruptcy court since January, was required to sell off several of its assets. That meant Britt, thriving financially by all accounts, was out of luck and workers bound for other jobs or unemployment lines.

According to Hafar, Company President Russ Britt made the final weeks as easy as possible. The staff celebrated Britt’s three decades of operation at a barbeque recently. “He’s been giving us hope,” Hafar said of Britt. At least four competing timber companies have expressed interest in the mill and Russ Britt has informed his employees that he’ll contact them should the company get up and running again.

For Hafar, that would be the best possible outcome. Britt is full of cutting edge mill technology as the company strove for efficiency for 30 years. For the past several years, it rarely took in a tree with a diameter larger than 10 inches, yet was able to create high-quality finished fencing from lower-grade second growth most mills would have chipped up. Much of the equipment in Hafar’s saw filing shop is state-of-the-art. Britt has been regarded within the industry as an economic leader.

Highly trained, Hafar’s already found out-of-state employment. But the Humboldt native has too many ties to just pick up and leave. “This is my home,” he said.Britt Lumber closes, idling Aldergrove plant for now – October 2, 2007

ALDERGROVE – The saws and loaders at West End Road’s Britt Lumber fell silent at 2:30 p.m. Friday, the final day of operation for the Arcata sawmill. Ralph Hafar Jr. was taking his time leaving. After 15 years with the company, a facility that also employed his father and his son, head saw filer had plenty of memories tied up with the company. “This is the best job I’ve ever had,” Hafar said.

The crew had known final day was coming for months. From a one-time peak of 120 workers, the mill staff was down to under 20 by Friday. Britt reduced a shift earlier this year and parent company Palco, in bankruptcy court since January, was required to sell off several of its assets. That meant Britt, thriving financially by all accounts, was out of luck and workers bound for other jobs or unemployment lines.

According to Hafar, Company President Russ Britt made the final weeks as easy as possible. The staff celebrated Britt’s three decades of operation at a barbeque recently. “He’s been giving us hope,” Hafar said of Britt. At least four competing timber companies have expressed interest in the mill and Russ Britt has informed his employees that he’ll contact them should the company get up and running again.

For Hafar, that would be the best possible outcome. Britt is full of cutting edge mill technology as the company strove for efficiency for 30 years. For the past several years, it rarely took in a tree with a diameter larger than 10 inches, yet was able to create high-quality finished fencing from lower-grade second growth most mills would have chipped up. Much of the equipment in Hafar’s saw filing shop is state-of-the-art. Britt has been regarded within the industry as an economic leader.

Highly trained, Hafar’s already found out-of-state employment. But the Humboldt native has too many ties to just pick up and leave. “This is my home,” he said.
This and lots more in The Arcata Eye

Oh God, he's back...

yougofree.com dispensing advice - Jeff Schwartz: How to solve Arcata's grow house crisis – Arcata Eye October 31, 2007
He believes that Arcata needs to provide public garden areas for people to grow medical marijuana in designated areas that are protected and secured.

The Board hearing... w/update

The usual suspects Larry Evans, Scott Griecen, Jennifer Kalt, Jeny Card aka "Remedy" - the EPIC/treesit/Anti-Palco activists -

So far the Orwellian Award goes to Larry Evans - who complained that the Board would be hearing from a "vocal minority" with "vested interests"... He went on to pontificate that "if it wasn't for petulant frivolous lawsuits..." You have got to be kidding me! Uh, Larry, have ya looked in the mirror? Vested interests, Larry? Try the PEOPLE WHO OWN THE PROPERTY! Who do they think they are?

Hypocrisy reigns in Bizarro Humboldt County.
***
C A map depicts timber production zones throughout Humboldt County. The Humboldt County Board of Supervisors voted Tuesday to have the county Planning Commission draft ordinances to address the county’s framework plan and local coastal plan within the context of TPZ regulations. Map courtesy of Humboldt County Planning Division

Supes defer TPZ ordinances to Planning Commission
After several hours of public testimony, Supervisor Jill Geist made a motion to defer the issue to the Humboldt County Planning Commission to draft two ordinances — one to address the county’s framework plan, and the other factoring in the local coastal plan, also suggesting a three-year conversion process be examined.

The framework plan is a component of the Humboldt County General Plan, and works to govern development as a whole in the county.

The motion passed 3-1, with Supervisor Roger Rodoni voting no. Supervisor Jimmy Smith excused himself from the vote, as he was not present for a portion of the meeting due to a prior obligation.

The ordinances will address single-family residential development on TPZ lands, while considering either the use of a conditional permit or a special permit process. They will be used to exam and address the issues of secondary units and uses, as well as establish criteria for permit approval.

The Planning Commission will consider development in at least two categories of TPZs, including industrial and non-industrial. Incentives and entitlements for TPZs will also be examined.

Throughout the county, approximately 990,000 acres fall into the category of privately owned timber land production zones — 660,000 of which are industrial timber land, 330,000 which are in large ranch lands, with the remaining portion of land totaling less than 40 acres. When including public TPZ land, this adds up to more than 1 million acres, Geist said.

Residents, property owners, foresters and timber representatives spoke to a host of issues, with the vast majority against the board’s previously adopted moratorium and initial proposal for an ordinance aimed to make residences on TPZ lands conditionally permitted.


Updates:
ER Op-Ed Supervisors try a sneaky trick that steals from our neighbors 10/23/2007
...To listen to the county, this abrupt and rushed policy was intended to penalize only one landowner, as if that would excuse the supervisors’ behavior....
ER Op-Ed Save the redwoods by Brody Severe, Eugene, Ore., 10/20/200
ER Editorial Board of Supervisors should stand up for private-property rights
ER Editorial Board shows its myopic view of private property
TS Proposed TPZ revisions sent to Planning Commission
The prospect of property owners wanting to build a home on Timber Production Zoned land being required to acquire a conditional use permit brought out a full house of opponents at Tuesday's Board of Supervisors meeting...
TS Proposal would give county discretion on timberland building
TS Anger still boils over timber ordinance

Unintended consequences

As Logging Fades, Rich Carve Up Open Land in West
"WHITEFISH, Mont. — William P. Foley II pointed to the mountain. Owns it, mostly. A timber company began logging in view of his front yard a few years back. He thought they were cutting too much, so he bought the land.

Boys jump into Flathead Lake in northwestern Montana, a region where the timber industry, private developers and local citizens compete for the interests of the land, rich in natural beauty and resources.

Mr. Foley belongs to a new wave of investors and landowners across the West who are snapping up open spaces as private playgrounds on the borders of national parks and national forests.

In style and temperament, this new money differs greatly from the Western land barons of old — the timber magnates, copper kings and cattlemen who created the extraction-based economy that dominated the region for a century.

Mr. Foley, 62, standing by his private pond, his horses grazing in the distance, proudly calls himself a conservationist who wants Montana to stay as wild as possible. That does not mean no development and no profit. Mr. Foley, the chairman of a major title insurance company, Fidelity National Financial, based in Florida, also owns a chain of Montana restaurants, a ski resort and a huge cattle ranch on which he is building homes.

But arriving here already rich and in love with the landscape, he said, also means his profit motive is different.

“A lot of it is more for fun than for making money,” said Mr. Foley, who estimates he has invested about $125 million in Montana in the past few years, mostly in real estate...

With the timber industry in steep decline, recreation is pushing aside logging as the biggest undertaking in the national forests and grasslands, making nearby private tracts more desirable — and valuable, in a sort of ratchet effect — to people who enjoy outdoor activities and ample elbow room and who have the means to take title to what they want.
Source NYTimes

But the protestors are never happy:

“I’m a former tree hugger who was opposed to everything, every timber sale,” Ms. Dahl said, “but now I see that the worst thing you can do is lose it all to development.”

It's funny, though - wasn't that Greg King, the former Earth First! leader - who stood up at the Humboldt County Board meeting to announce that he was a TPZ landholder who bought his land intending to build a house AND log it. Of course he has to say he intends to log it, doesn't he? But isn't that EXTREMELY hypocritical? Or is it just to ensure he gets the tax breaks that everyone is talking about? Either way - he has his - now he wants to make sure you can't get yours.

It'll be interesting

To see who Salzman gets to show up at the Board of Supervisors Meeting today - he's sent the call out to the Orks via the listserve. The usual suspects were already at the last one...
In a message dated 10/21/2007 11:26:03 P.M. Pacific Daylight Time, aeb@inreach.com writes:
Make a difference, show up:
What: Board of Supervisors
When: Tuesday, 9 a.m.
Where: Humboldt County Courthouse

Property owners are going to have to stand united. If they don't it is going to look like the Orks are in the majority. They want to get Palco at all costs, and do not care about the "collateral damage."

Interesting comment on Eric's post though - some of the Orks may BE the collateral damage - at least those in SoHum: ...this isn't about PALCO. It is about telling you folks (especially down in Sohum) that you will NOT be building any residential homes other than downtown any longer. What a laugh. And you guys don't even realize it... But - what about the fact that this ordinance will effectively preclude all of you in Sohum from ever buying any TPZ (and soon to be Ag land) and building a home?

Conditional use permit vs regular is the difference of thousands of dollars. Just getting it thru the planning commission is a minimum of 18 months. Doing a full EIR tens of thousands. No Eric - they are blinding you guys with your own anti-Palco hate. Look harder at the big picture and your way/quality of life.

Another grow house

Garbage bag loads lead to pot bust

The smell of nearly 700 growing marijuana plants and people loading a truck with garbage bags led authorities to a house on the 2100 block of 11th street in Arcata, where they found a “sophisticated” grow.

The Humboldt County Drug Task Force said agents received information about the smell and served a warrant on the home Thursday.

Deputies with the Humboldt County Sheriff's Department and officers with the Arcata Police Department assisted in the warrant service.

Authorities discovered that all three bedrooms in the house were being used to grow the 686 plants and the bathroom was being used to dry the plants.

Nearly 100 plants were found in the bathroom.

About 4.5 pounds of what the task force called “processed shake” was found in the freezer and agents believe it was going to be used to make hash.

A scale, financial records and two handguns were also found in the house.

No one was home at the time the warrant was served.

Firefighters from the Arcata Fire Protection District were called in to examine the wiring and determined it was unsafe. Power to the house was shut down as authorities left.
***
Then there's this: The Influence of Mexican Drug Cartels in Humboldt Countyk

Alderpoint shooter identified

Alderpoint shooter identified

The Humboldt County Sheriff’s Office announced Monday the names of two men involved in an Oct. 14 shooting incident in Alderpoint.

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.

Alcohol was believed to be a factor in the incident that sent both men to a Redding hospital, where Wellman remained Monday in critical condition.

Harrison, of Miranda, was released from the hospital Friday, the release stated.

The incident began Oct. 13 with approximately five people drinking heavily at a Steelhead Road residence in Alderpoint.

“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.”

Investigators searched for more than a week for 26-year-old Cameron S. Daubner, who was believed to have witnessed the incidents. The release stated detectives interviewed Daubner Monday afternoon in Eureka.

Sheriff’s Office Public Information Officer Brenda Godsey said the case would be forwarded to the Humboldt County District Attorney’s Office to “determine what, if any,” charges would be filed.

“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.”
The Eureka Reporter

Sunday, October 21, 2007

One for the good guys (NOTATION ADDED)

Molester committed indefinitely

A man convicted of molesting young children in two counties will be locked up indefinitely in a state psychiatric hospital after a jury determined Friday that he is a Sexually Violent Predator under California law.

Jerome Franz Gonzales, 61, wept quietly after the verdict was read and the nine women and three men who considered the petition affirmed their decision.

The case came down to a clash of expert witnesses — two called by Humboldt County Deputy District Attorney Allan Dollison, one by Public Defender Kevin Robinson — with psychologists and psychiatrists providing sometimes wildly different opinions of Gonzales’ current mental condition and his risk of re-offense.

“Obviously I was pleased with the verdict,” Dollison said. “These are tough cases, but we have to make sure the public is protected from the possibility that they could do something like this again.”


SVP case goes to jury; deliberations resume today
Humboldt County Deputy District Attorney Allan Dollison reminded jurors that Gonzales was convicted in 1982 of performing a sexual act on a 5-year-old girl and in 1988 of fondling two 8-year-old girls.

“There’s no dispute it happened,” he said. “There’s no dispute what happened in those cases.”...

...Dollison used his rebuttal to take a final jab at Gonzales’ sole expert witness, clinical psychologist Dr. James J. Park, who said he had conducted dozens of SVP evaluations, but had not once testified in court in support of an SVP petition.

“In the 30 evaluations Dr. Park has conducted, he’s never met a Sexually Violent Predator,” Dollison said. “I think we have,” he added, looking at Gonzales..."


Convicted child molester testifies in SVP hearing
Child molester unlikely to re-offend, expert says
Testimony continues in SVP hearing
Convicted molester could receive indefinite sentence

Good job, Mr. Dollison.
_____________

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.

20/20 - Is there really a global warming consensus?

Saturday, October 20, 2007

I'm kind of in an "Atlas Shrugged" kind of mood

,
All this contentiousness, all this hatred and vitriol - and for what?

Rather than continue to be subjected to it, Rob Arkley should say, "Forget Marina Center. The Balloon Track is going to sit vacant for all eternity. I am not going to do a single thing to improve it, not mow one blade of grass, not pick up one piece of litter, not do one single thing to relieve the blight or remove the transients that populate it. This is what the people of Eureka want, this is what they shall have. More power to them."

Rather than continue to be subjected to it, Charles Hurwitz should say, "I am closing down Pacific Lumber Company. Permanently. I am not selling the land or the company, for another person does not need to suffer the things I have had to endure. It would not be fair to pass it on. Thus there will be no more logs, no more jobs for perpetuity. This is what you have asked for, and this is what you get, Humboldt County. More power to you."

Humboldt County is proving that it is happy with mediocrity - you need only look at Gallegos to see proof - and disdainful of success. Humboldt County spits on those who work long hard hours in its service, and on those who produce. Humboldt County embraces those who contribute nothing but divisive contentious and costly litigation, those who feed off the system and those who abuse all laws.

It's like a real-life version of Survivor - vote off all the guys who are more successful than you, stronger than you, the ones who build the shelters and catch the fish, and keep the fires going. But this is ain't a TV show with a safety net, with a return flight to a nice warm house and reality.

Thursday, October 18, 2007

A World of Good Post

Blogger KT has a regular feature he calls WORLD OF GOOD, highlighting some of the amazing good deeds that so often go unrecognized.

His latest link to redvand's Channel is worth checking out. Something to think about. You may want to add this guy to your favorites.



Wollf has also picked it up.

Day 555 and Officers removed from Moore civil suit

Officers removed from Moore civil suit
A federal judge overseeing the wrongful death and civil rights violation lawsuit brought against the city of Eureka by the son of Cheri Lyn Moore granted a motion Wednesday to dismiss complaints against individual officers at the scene.

In a motion filed Oct. 3, the defendants' attorney, Nancy Delaney, argued the complaint fails to specify what the specific officers did or did not do to cause Moore's rights to be violated. The Eureka Police Department and former Police Chief David Douglas are also named in the suit.

By granting the motion, Judge Phyllis Hamilton ruled that Lt. Tony Zanotti, Lt. Todd Wilcox, Sgt. Lynne Soderberg, Officer Robert Mengal, Detective Ron Harpham, Officer Terry Liles and Officer Rodrigo Sanchez should be removed, pending a chance for the plaintiff's attorney to amend the complaint...

...District Attorney Paul Gallegos said recently that he is considering convening a criminal grand jury to decide whether to pursue criminal charges in the incident.

If Gallegos does decide to ask a judge to convene the jury, Kaupp said it could have serious ramifications on the civil trial.

”It has a huge affect on what we're doing,” Kaupp said. “If the grand jury is impaneled, I believe the defense attorney will instruct any potential suspects to take the Fifth.”

Kaupp said that means he would have to wait until the conclusion of any criminal proceedings to get the testimony of those individuals. Grand jury or no, Kaupp said the civil trial won't get underway any time soon, as there is still plenty of evidence to be gathered and dispositions to be taken.

”It's going to be a long time,” Kaupp said. “There are a whole bunch of steps that have to take place before the trial starts, so I think we're looking at least a year or a year and a half.”

Tuesday, October 16, 2007

Letter from the Board

Filed with the Bankruptcy Court Oct. 16, 2007
Re: Chapter 11 Case Nos. 07-20027 through 07-20032
a 9-pg pdf document

On October 9, 2007, in the City of Eureka, California, the Humboldt County Board of Supervisors held a public meeting and passed an interim urgency ordinance prohibiting residential uses on lands zoned Timberland Production (TPZ) in the County.

The ordinance was in direct response to the Plan for Reorganization submitted by the debtors to the Bankruptcy Court that outlines a proposal for residential development in Humboldt County known as the "Redwoods Ranch Development." In that plan the debtors propose to develop and sell approximately 22,000 acres of commercial redwood forest as 160 acre "kingdom" or "trophy" properties. The parcels would be marketed for high-end low-density residential and recreational development.

The Humboldt County Board of Supervisors does not believe that this development is feasible. The plan is inconsistent with existing land use plans and policies and is inconsistent with all of the plans and policies that are currently being reviewed in the County's General Plan Update.

Enclosed for your review is a copy of the ordinance that suspends the entitlement to a building permit on lands zoned TPZ in Humboldt County. Please consider this ordinance when you review Scotia Development LLC's reorganization plan for feasibility on October 23, 2007.


Coverage: PALCO plan opposers speak up

Testimony continues in SVP hearing (NOTATION ADDED)

A forensic psychology expert took the stand Monday in the second day of a hearing that will determine whether a twice-convicted child molester should be declared a Sexually Violent Predator under California law.

To prevail in the matter, Humboldt County Deputy District Attorney Allan Dollison needs to demonstrate beyond a reasonable doubt that Jerome Franz Gonzales, 61, committed two sexually violent offenses, that he suffers from a diagnosed mental illness and that the illness is such that he would likely re-offend if released.

Should the jury of nine women and three men find that Gonzales meets the three criteria, he could receive an indefinite sentence, also called an involuntary civil commitment, in a locked psychiatric facility under the administration of the California Department of Corrections.

Dr. Harry Goldberg, a Sherman Oaks-based psychologist who serves on the state’s SVP panel, read a list of dozens of documents and case files he had examined to form his opinion that Gonzales should be committed.

He did not, however, speak directly with Gonzales, who has declined to speak with evaluators.

But Goldberg told Dollision he was still able to put together a “clinical picture” of Gonzales without an interview, and went on to describe a life marked since childhood by criminality and molestation — with Gonzales initially the victim and then, over time, the perpetrator.

Goldberg discussed Gonzales’ psychosocial, sexual, relational, criminal, medical and psychiatric histories, and concluded that Gonzales admits to having problems he refuses to address.

“What’s interesting about Mr. Gonzales is he’s pretty up-front about his pedophilia,” Goldberg said. “He admits to having the problem, but doesn’t want to participate in the program.”

According to Goldberg’s statistical estimate, Gonzales has a 57 percent chance of re-offending within six years, if released from custody.

But that figure is not without controversy.

Public Defender Kevin Robinson questioned the use of actuarial tables to predict human behavior, noting that one study found projections about re-offense rates to be “greatly inflated.”

But Goldberg called the measures used “just as good as any other actuarial tool,” a statement which met with ironic agreement from Robinson.

The hearing will continue this morning at 8:45 a.m. in courtroom two at the Humboldt County Courthouse.
ER Testimony continues in SVP hearing 10/14/07
ER Convicted molester could receive indefinite sentence 10/13/07
_______________

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, October 15, 2007

God help us!

I thought I'd be through posting about Jeffrey "yougofree.com" Schwartz, and that he would quietly return to private life, but no such luck. He's decided to stay in the limelight and opine on the ridiculous "incident at Avalon." His theory seems to be that Arkley wasn't really threatening Glass, he was really threatening the entire City Council by threatening Glass (not allegedly threatening, mind you).

I really couldn't stand to read it all the way through, so if any of you can decipher it, let me know. I kinda had to skim down to where he says: "That's why we need to vet this with local jurors and locally elected judges who care about what the voting public thinks."

Uh, Jeff, judges aren't SUPPOSED to CARE what the voting public thinks. They're supposed to care about this little thing called THE LAW, NO MATTER WHAT the voting public thinks. Read Schwartz's "My Word"

Sunday, October 14, 2007

Chavez is on a moral crusade


CARACAS, Venezuela (AP) — President Hugo Chavez is on a moral crusade in Venezuela, preaching against vices from alcohol to cholesterol, vowing to curb whisky imports and ordering beer trucks off the street.

His government announced increased taxes on alcohol and tobacco on Monday, and Chavez also plans steep new taxes on luxury items such as fancy cars and artwork.

It's all part of Chavez's efforts to encourage Venezuelans to adopt the psyche of the "New Man," a socialist revolutionary with a monk-like purity of purpose...

...Chavez is also concerned that too many Venezuelans swill beer on street corners. Irked by unregulated beer sales in the slums, he has warned that beer trucks selling alcohol directly on the streets would be seized.

Anyone wanting to booze up can do so in the privacy of their own homes, he said.

"I've told the National Guard to stop and seize any truck going around selling beer in the street as if it were ice cream," he said. "This cannot be permitted."...


Wonder what he'd do to pot growers, this hero of the Shellenberger crowd.

Saturday, October 13, 2007

Inadvertently funny

The Times Standard has yet another front page story in support of NORML.
"He said that .1 percent of marijuana smokers get involved with decriminalization efforts and challenged the crowd to imagine what would happen if a whole percent of marijuana smokers got involved."

A little trouble getting motivated? Can't imagine why.

Friday, October 12, 2007

Save the Redwoods. Here's your chance.

Would you pay 5 or 6 million to save 160 acres of redwood forest?

If you were willing to be arrested, go to jail, give up two years of your life or even die to save them, the answer ought to be "Yes."

I've been thinking alot about the recent discussions of "what it's worth" with respect to those forests, and I think the environmental community is missing the boat here.

It is a whole lot cheaper than the donations for the protracted media, activist and public relations efforts.

I predict "environmentally involved celebrities" will be standing in line.

Background and updates:
Anger still boils over timber ordinance 10/16/07
Landowners continue to seethe over a temporary ordinance banning building on timberland passed last week by Humboldt County supervisors.
At the Fortuna Chamber of Commerce meeting Monday, attorney Bob Barnum, whose family owns 36,000 acres of timberland in the county, urged members to speak up against what he sees as improper use of a police power. He said supervisors set off a “neutron bomb” when they adopted the 45-day ordinance aimed at an exclusive rural development pitched by the Pacific Lumber Co. as part of its bankruptcy reorganization plan

☛ TS editorial County has a Palco freakout 10/14/07 ★ ★ ★ ★
At first blush, the 4-1 action by the Humboldt County Board of Supervisors last week -- a 45-day de facto housing permits moratorium on timberlands -- seemed like a run up San Juan Hill in reaction to Pacific Lumber Co.'s proposal that it buy its way out of bankruptcy by converting 2,200 acres of trees for 136 160-acre parcels with luxury homes in an exclusive development.
In the light of day, however, it's looking like more like a “run in circles, scream and shout” reaction that stands to hurt the county's planning process and cause collateral damage to other, smaller landholders. Panic is not a way to run a county.

☛ NCJ The Town Dandy - Jolly Good Show 10/11/07
If you’ve got a head for it, the gears of democracy in action can sometimes deliver unparalleled drama, and Tuesday’s supes meeting was a fine example of the genre. It went on for four hours, and I don’t think I was bored once.
Palco creditors put lower value on asset 10/11/07
A document that had been under seal in the U.S. Bankruptcy Court case of the Pacific Lumber Co. holds that its timberlands are worth only a fraction of what the company has estimated.
☛ TS Supervisors pass timber ordinance 10/10/07
A barely muted battle between most county supervisors and the Pacific Lumber Co. played out Tuesday, with dozens of timberland owners begging not to be caught in the middle by a temporary ordinance restricting building.
☛ ER Supervisors pass TPZ ordinance 10/10/07
This is “really our only shot to send a message of concern to the bankruptcy court,” Supervisor John Woolley said.
☛ TS Forest land owners nervous over ordinance 10/9/07
A temporary building moratorium for timberland parcels being considered by county supervisors today has some landowners sweating over possible damage to the value of their property and their ability to sell it.
Humboldt County supervisors will weigh the adoption of an interim ordinance that would be in place for 45 days with extensions possible out to 22 months, 15 days. It's aimed at a proposal by the Pacific Lumber Co., which has pitched an exclusive development of more than 130, 160-acre “kingdoms” linked together with amenities like a golf course and a club house.

☛ TS Landowners sweat short-term TPZ rule 10/8/07
☛ TS Supes to hear ordinance in response to Palco plan 10/7/07
Faced with a possible rural development on a scale the county hasn't seen in years, Humboldt County supervisors on Tuesday will consider a temporary halt to issuing building permits on timberlands
☛ TS 'Make no little plans' 10/05/07
The Pacific Lumber Co. has come out with an ambitious and creative (and some say outlandish) proposal for pulling its way out of bankruptcy. While a satisfactory solution to debt problems is to be desired for the sake of the many Humboldters whose livelihoods depend upon a healthy Palco, the company's plan seems to be overreaching on its face.
☛ TS Palco plan hinges on big money land sales 10/3/07
The Pacific Lumber Co. is looking to reinvent itself by selling thousands of acres as an exclusive planned development bordering pristine redwood reserves, and using the cash to pay down its massive debt.
☛ ER PALCO files reorganization plan 10/1/07
To pay off its creditors, PALCO is seeking to generate $400 million through the sale of approximately 6,600 acres of SCOPAC’s logging-restricted timberlands, which the company is calling “Ancient Redwood Groves.” Under the reorganization plan filed in the Texas bankrupcty court, the company aims to to sell off the old-growth forests within 24 months of the plan’s approval at a value of $60,000 per acre to buyers who are willing to commit to the permanent environmental protection of the land. PALCO is also seeking under the plan to raise an additional $780 million through the sale of approximately 22,000 acres of lands the plan identifies as “Redwoods Ranch Development,” which will be offered for sale as individual 160-acre parcels that will be marketed as “trophy” properties valued at approximately $5 million on average. Map provided by PALCO (caption on image shown below)
Fred reports - The Sacramento Bee takes a look at Palco/Scotia (obliquely related)n. Makes the situation sound a little rosier than the news we get locally. Or maybe it's just me? If asked for a login, you can use humboldtlib as the username and blogspot as the password.

Thursday, October 11, 2007

Who are the "Local Solutions" candidates this time?

Not that you couldn't see it coming with Salzman pimping Pat Higgins. Campaign disclosures from Higgins indicate that he paid "Local Solutions" $105 for 5th District precinct/voter analysis. No donations FROM them showing up, and word is there will be none forthcoming. Their website hasn't been updated, far as I can see since Nov. 2006. Dare we hope we have seen the last of that abomination?

Remember "Local Solutions" mission: We believe that the quality of life in Humboldt County is threatened by unsustainable practices in the pursuit of private profit. To create a more sustainable community, we need leaders and officials with vision and a committment to long-term strategies designed to keep Humboldt County a desireable and livable place for future generations.... because they were inspired by the momentum in winning the initial Paul Gallegos for District Attorney campaign in 2002, defeating the Maxxam-funded D.A. recall campaign a year later

I'd like to hear what they have to say about how that jibes with the destruction of the DA's office, the DA getting semiautomatic weaponry and setting up his own assault team, about his losing all the experienced prosecutors, about his plagiarism - and you know - just how he fits that description about making Humboldt County a more desirable and livable place for future generations. Right now, your track record sucks. Every day's news proves it.

Day 548 - and finally some news

It's not any more conclusive than the last report, though.

TS DA eyes grand jury in Moore case

The Humboldt County District Attorney's Office is planning to convene a criminal grand jury to consider whether to bring charges in the death of Cheri Lyn Moore who was shot after a standoff with Eureka police.

District Attorney Paul Gallegos confirmed today that such a move is under consideration, perhaps within a month. The grand jury would review evidence presented by the prosecutor and determine whether there is probable cause to return an indictment against the officers involved in Moore's death.

Grand jury proceedings are held in secret, although the presiding judge can allow the sessions to be open to the public.

Moore, who had a history of mental illness, brandished a flare gun on April 14, 2006, and threatened to burn down her apartment building at Fifth and G streets. Police have said they believed Moore had put down the flare gun when the order was given to kick in her door. But when officers went in, according to police reports, Moore pointed the signal-flare gun at them. They shot her multiple times.

Moore's son has filed a wrongful death lawsuit against the city of Eureka, the Eureka Police Department and individual officers.


ER DA considers grand jury investigation of Cheri Moore's death

Humboldt County District Attorney Paul Gallegos said Thursday that he is “contemplating going forward on a criminal grand jury” to investigate the death of Cheri Moore, a mentally ill woman shot and killed in 2006 by officers from the Eureka Police Department.

The Eureka Reporter announced as much one month ago today, after receiving numerous reports from public officials who said on condition of anonymity that the decision to convene a criminal grand jury had already been made.

At that time, Gallegos would neither confirm nor deny the reports, but said, “This community is entitled to an impartial finding, whether it is by me or by a grand jury.”

The DA appeared to confirm the reports Thursday, but declined to elaborate, citing centuries-old secrecy rules that govern grand jury proceedings.

EPD Police Chief Garr Nielsen, whose officers would be the focus of the criminal inquiry, said he was not opposed to any venue that would provide “a fair and impartial hearing of the facts.”

Nielsen added, “I think Paul’s intent is to bring closure to this for the community and the organization, and I support him in that.”

A criminal grand jury typically consists of 19 community members. Its proceedings take the place of a preliminary hearing, in which a judge determines whether charges brought by the DA’s Office will proceed to trial.

Written material provided by the DA’s Office states that at the conclusion of grand jury deliberations, a juror will notify the DA whether an indictment — or written accusation charging someone with a crime — has been found.

If no indictment is found, the target of the investigation is entitled to a declaration stating as much, but if an indictment is handed down, the accused would then stand trial in Superior Court on charges identified in the indictment.

Gallegos did not say when grand jurors were likely to be summoned, but left open the possibility of proceedings taking place in public session.

Nielsen expressed his support for public hearings, while reiterating his hope that the process would be impartial.

“For me it’s all about it being a fair process, because I’m absolutely convinced that my officers, who were acting under orders, acted appropriately and did what they were told, believing they were doing the right thing.”

Moore, 48, was killed in her Eureka apartment April 14, 2006, after she brandished a flare gun during an approximately two-hour standoff with the EPD.

Gallegos said last month that he believed Cheri Moore’s death to be “a symptom of other, bigger issues that our community has and is faced with. What the diagnosis is will ultimately be decided by others.”


So tell me again why they need to hold proceedings in secret when all the facts are already out there, already part of the official reports, already known to the public, the news media... This is just more of Gallegos' phony games. Earth to Garr Neilsen...

Day 548 - also the day that the notice to administer Cheri Moore's estate appeared in the paper.

Tuesday, October 09, 2007

The AG's response

a 2 pg pdf file The Attorney General's response to the Humboldt Democratic Central Committee's request re: the Arkley/Glass "Incident at Avalon."

Monday, October 08, 2007

"Projects" Out in the Open

EF! works very hard to convince the public that its activities are not governed by any formal institution. "Earth First! is not an organization, but a movement" is the constant refrain. "There are no members of Earth First!, only Earth First!ers."

There are practical as well as romantic reasons to downplay any organizational structure. According to the Earth First! Journal: "To avoid co-option, we feel it is necessary to avoid the corporate organizational structure so readily embraced by many environmental groups." Of course, most green groups engage in legal activities -- and therefore don't fear "co-option."

While there is no primary EF! office, there are numerous incorporated Earth First! organizations, each with its own specific function. These include Daily Planet Publishing (which publishes the Earth First! Journal), the Fund for Wild Nature (formerly the Earth First! Foundation), the Trees Foundation, and the Earth First! Direct Action Fund.

For the benefit of anyone who doubts that these are genuine, legal "organizations," consider that the website of the Fund for Wild Nature once read: "The Fund relies on invididual [sic] contributors like yourself, and your friends. We accept donations of cash, stock or other financial assets." Here is a tax-exempt foundation making a plea for corporate securities, on behalf of a group that claims to exist without any structure.
Source: activistcash.com on Earth First!
***
Recnt coverage of the Miller/Shunka/Trees Foundation suit makes the idea of an umbrealla groups sound so benign... (Shunka had) told her (Miller) to make it (the donation) through the Trees Foundation, which handled the NCEF! Media office’s finances through an arrangement that had been established years ago. (The Trees Foundation is an umbrella organization formed in 1991 to assist smaller environmental groups. As a 501(c)3 nonprofit, it can accept large, tax-deductible donations on behalf of affiliates, and provide professional resources. And it can lead large campaigns, like the one to save the Headwaters Forest back in the ’90s.) The Journal - Money On Trees

It is anything but benign. For example, activist cash describes the reality... in this case they are discussing the Tides Foundation, the the 800-pound gorilla of radical activist funding: ...The Tides Foundation and its recent offshoot, the Tides Center, creating a new model for grantmaking -- one that strains the boundaries of U.S. tax law in the pursuit of its leftist, activist goals.

Set up in 1976 by California activist Drummond Pike, Tides does two things better than any other foundation or charity in the U.S. today: it routinely obscures the sources of its tax-exempt millions, and makes it difficult (if not impossible) to discern how the funds are actually being used.

In practice, “Tides” behaves less like a philanthropy than a money-laundering enterprise (apologies to Procter & Gamble), taking money from other foundations and spending it as the donor requires. Called donor-advised giving, this pass-through funding vehicle provides public-relations insulation for the money’s original donors. By using Tides to funnel its capital, a large public charity can indirectly fund a project with which it would prefer not to be directly identified in public. Drummond Pike has reinforced this view, telling The Chronicle of Philanthropy: “Anonymity is very important to most of the people we work with.”

In order to get an idea of the massive scale on which the Tides Foundation plays its shell game, consider that Tides has collected over $200 million since 1997, most of it from other foundations. The list of grantees who eventually received these funds includes many of the most notorious anti-consumer groups in U.S. history: Greenpeace, the Natural Resources Defense Council (NRDC), Environmental Media Services, Environmental Working Group, and even fringe groups like the now-defunct Mothers & Others for a Livable Planet (which used actress Meryl Streep to “front” the 1989 Alar-on-apples health scare fraud for NRDC).

For corporations and other organizations that eventually find themselves in these grantees’ crosshairs, there is practically no way to find out where their money originated. For the general public, the money trail ends at Tides’ front door. In many cases, even the eventual recipient of the funding has no idea how Tides got it in the first place...

...Remarkably, all of this appears to be perfectly legal. The IRS has traditionally been friendly toward this “donor-advised” giving model, because in theory it allows people who don’t have millions of dollars to use an existing philanthropy as a “fiscal sponsor.” This allows them to distribute their money to worthwhile charities, while avoiding the overhead expenses of setting up a whole new foundation.

In practice, though, the Tides Foundation has turned this well-meaning idea on its head. When traditional foundations give millions of dollars to Tides, they’re not required to tell the IRS anything about the grants’ eventual purposes. Some document it anyway; most do not. When Tides files its annual tax return, of course, it has to document where its donations went -- but not where they came from...

...Many environmental groups that now operate on their own got their start as a “project” of the Tides Center. These include the Environmental Working Group, Environmental Media Services, and the Natural Resources Defense Council -- which was itself founded with a sizable Tides “grant.” The Tides Center began with a seemingly innocent transfer of $9 million from the Tides Foundation. The Center immediately took over the operations of nearly all of the Tides “projects,” and undertook the task of “incubating” dozens more. There are currently over 350 such projects, and the number grows each year....
Source: activistcash.com on Tides Foundation and Tides Center


"Scott" from the Trees Foundation has been talking about the Miller/Shunka case - and he talks openly about the "projects" - groups that exist under the Trees umbrella. So who are they? And how does "the Trees Foundation" compare to this description?

5-day sentence for 2006 DUI crash

For the record.

Kelly Miller, left, and girlfriend Kellyn Griffin enter the Humboldt County Courthouse in September. File photo/The Eureka Reporter

Iraq War veteran receives 5-day sentence for 2006 DUI crash

A decorated war veteran from Eureka received a controversial sentence Thursday for a 2006 DUI car crash that left him and his girlfriend with serious injuries.

Kelly Miller, 24, was sentenced to five days in jail — the minimum allowed by law, according to Judge Dale Reinholtsen, who imposed the sentence despite objections from the victim’s parents.

But the judge also sentenced Miller to four years of probation, the terms of which include 800 hours of community service, fines in excess of $3,000 and the payment of financial restitution.

In imposing the sentence, Reinholtsen said he weighed a number of factors, including Miller’s distinguished record of military service.

The College of the Redwoods student served two tours of duty in Iraq and was injured in both. He was awarded the Purple Heart, and his squad leader, Cpl. Jason Dunham, was posthumously awarded the Medal of Honor — the nation’s highest military award for valor — when he fell on a grenade and saved Miller’s life.

But it was Miller’s third near-death experience that landed him in court and even on the front page of The Wall Street Journal.

Michael Phillips, a TWSJ reporter who had been embedded with Dunham and Miller’s unit in Iraq, wrote about Miller’s struggle with “the guilt of making it home alive,” and described the high-speed DUI crash that left the young soldier with a broken shoulder blade, shoulder socket, nose and front tooth.

Miller’s girlfriend, then 21-year-old Kellyn Griffin, sustained a broken arm, lacerated liver and serious concussion.

Griffin did not want charges filed against Miller, and Humboldt County Deputy District Attorney Ben McLaughlin agreed in September to a plea deal that reduced Miller’s possible jail time from six years to six months.

Even McLaughlin said he was surprised by the five-day sentence, but added that he was “comfortable with it” in light of the community service requirement.

“The bottom line is the court sentenced him, and that’s what the court thought was appropriate,” McLaughlin said.

Michael and Gayle Griffin, the victim’s parents, disagreed.

They had asked to address the court prior to sentencing, but Reinholtsen said that because their daughter was an adult, there was “no statutory basis” for them to do so.

At one point, Michael Griffin stood to address the court without permission, and a bailiff quickly ordered him to sit.

At the conclusion of the hearing, Reinholtsen called for a recess, and as the courtroom cleared, Michael Griffin called out to McLaughlin, “Hey Ben, what kind of lawyer are you?”

Outside the courtroom, Michael Griffin swore as he waited for McLaughlin to emerge, while a visibly upset Gayle Griffin said the sentence sent a dangerous message.

“It’s OK to drink and drive in Humboldt County,” she said.

All three Griffins were ushered by bailiffs out opposite ends of the Courthouse.

Miller is scheduled to return to court in April 2009. If he has successfully completed the terms of his probation, the judge will consider a motion to reduce the felony conviction to a misdemeanor.

Friday, October 05, 2007

Delays

Rollin retrial confirmation delayed

Two evidentiary motions filed by attorneys unrelated to the prosecution or defense in the retrial of Joseph Pierre Rollin upended court proceedings Wednesday and delayed a trial confirmation hearing.

This case is being retried because the verdict was thrown out on appeal after a higher court determined that Gallegos used statements during the trial that were made by the defendant before he had been read his Miranda rights.

That is to say, Gallegos used Rollins' non-Mirandized denial of guilt as evidence rather than his Mirandized confession, reasoning that denying he was guilty proved he was guilty, something like that.

Deputy District Attorney Ben McLaughlin will prosecute the case this time around, with jury selection expected to begin later this month.

It's a horrific case, and it looks like McLaughlin is the office's new heavy hitter.
***
Attorneys' pretrial wrangling continues in dependent abuse case
***
As previously reported: "Joi died on March 19, 2002, probably bent into the bathtub of a condemned trailer in Orick, her body weighing only 60 pounds and swathed in a soiled disposable diaper.

A medical examiner determined that Joi, 42 years old and long rendered helpless by multiple sclerosis, died from lobar pneumonia with a variety of contributing factors.

These included MS, malnutrition, a urinary tract infection from a catheter that hadn’t been cleaned in several months and 20 or more feces-infected bedsores, two of which gaped so wide and deep that the bones beneath were exposed."

Joseph Pierre Rollin "was convicted only of the enhanced abuse of a dependent adult and was sentenced to eight years in prison.

But in December, the conviction was reversed on appeal because, court documents show, Gallegos repeatedly used Pierre’s non-Mirandized denial of responsibility for Joi’s death — later refuted by a Mirandized confession — as evidence of his guilt.

yougofree.com on Craig's List

CRIMINAL DEFENSE ATTORNEY JEFFREY SCHWARTZ
Reply to: mailto:jdsarcata@--------subject=CRIMINALDEFENSEATTORNEYJEFFREYSCHWARTZ
Date: 2007-09-17, 8:08PM PDT

Local criminal law attorney Jeffrey Schwartz is now practicing criminal defense in Arcata and Eureka after leaving his senior position with Paul Gallegos at the district attorney's office.

Mr. Schwartz now can offer his keen knowledge of the Humboldt County criminal justice system and his 20 years experience as a criminal defense attorney in San Francisco to help you or your loved ones.
From Misdemeanors to Murders, Jeff Schwartz has tried them all.

Please call, text or email him at:
Tel. 707 822-----
Text. 707 499-----
Email: jdsarcata@---------
Location: Arcata/Eureka
it's NOT ok to contact this poster with services or other commercial interests
PostingID: 425205586
***
Best of luck to you and your clients.
***
What's up with this? The listing has been changed - deleted all reference to Gallegos:
Reply to: jeff@aboutcriminallaw.com
Date: 2007-10-11, 12:14AM PDT
Local criminal law defense attorney and lawyer Jeffrey Schwartz is practicing criminal law in Arcata, Eureka and in Humboldt County.
Mr. Schwartz can offer you or your loved ones his keen knowledge of the Humboldt County criminal justice system and his 20 years experience as a criminal defense attorney in Northern California, including Humboldt, San Francisco and Mendocino counties.
From Misdemeanors to Murders, Jeffrey Schwartz has tried them all.
Please call, text or email him at:
Tel. 707 822___
Text. 707 499___
Email: jdsarcata@___
Location: Arcata Eureka Northern California
it's NOT ok to contact this poster with services or other commercial interests
PostingID: 445891394

The request was premature...

Despite "Local Solut--" I mean the HCDCC's efforts to get the Attorney General to prosecute Rob Arkley, "heraldo" reports (not in any of the online papers yet) that the AG has declined: “neither the District Attorney nor any involved party has asked us to intervene. Even if such a request were made, it is unlikely we would do so given the considerations set forth in the preceding paragraph. As a general rule, the Attorney General will not intervene in a local matter at the request of a third party, such as the Central Committee”, and continued “any request at this time appears premature. Nothing in your letter suggests that the appropriate local law enforcement agency such as the sheriff’s office or city police are unwilling or unable to investigate the alleged crime. That is an essential first step before it is even appropriate for a prosecutor to consider whether to bring charges.”

Should be interesting to see how Gallegos handles this one. Another rock and a hard place.

Coverage:
Attorney general says no for now on Arkley-Glass case

Wednesday, October 03, 2007

Harvest season


Deputy-involved shooting leaves one dead
updated: Deputy kills armed man at marijuana grow
One person is confirmed dead in a deputy-involved shooting today in the McCann area, but other details are not yet available.
Humboldt County Coroner Frank Jager said his office has been contacted but has not yet responded to the area, which according to scanner traffic is on Pacific Lumber land.
Jager said the deputy is not the one who died.
Scanner traffic started around noon and indicated a number of agencies and personnel were responding to the area, including Calfire.
A helicopter was called in and a Palco security guard let other responding personnel in a locked gate.
The Humboldt County Sheriff's Department said it was still receiving information and would be releasing some details later in the afternoon.
TS

Sheriff's deputy kills armed man
One of two Humboldt County sheriff’s deputies investigating a marijuana-growing operation Wednesday in the southern part of the county shot and killed a man allegedly armed with a shotgun.

Details were still scarce Wednesday night, but a news release issued late afternoon stated the deputies were conducting the investigation near the Larabee Valley on land owned by Pacific Lumber Co.

During that investigation, the release stated, “A suspect armed with a shotgun confronted the deputies. One deputy fired his departmentally issued handgun, killing the suspect.”

The names of the suspect and the deputies involved in the shooting were not included in the news release.

Sheriff’s Office Public Information Officer Brenda Godsey said shortly before 5 p.m. that deputies and investigators were still arriving at the scene of the shooting, near Holmes, and any additional information would be released by Sheriff Gary Philp at a news conference scheduled for this morning.

An investigation into the circumstances surrounding the shooting is under way, the release stated. Consistent with Sheriff’s Office policy, both deputies have been placed on administrative leave.

The shooting death comes at the tail end of a record-breaking season for local marijuana interdiction efforts.

Sheriff’s Sgt. Wayne Hanson said Sept. 21 that more than 300,000 plants had been destroyed to date during the 2007 outdoor growing season, including 135,000 plants uprooted in August in what officials called the single largest pot bust in Humboldt County history.

That growing operation and several others like it have been traced by investigators back to Mexican national drug-trafficking organizations, whose typically large-scale operations on public and private timberland have prompted numerous warnings to hunters and hikers throughout Northern California.

Godsey said it was too early in the investigation to say whether the growing operation found Wednesday was believed to be related to the cartels.

“Due to the remote location and difficult terrain, we’re still assembling our investigative team at the scene,” she said.
ER
***
Updates:
The man was identified as Eloy Infante-Toscano, 40 years old.
A little over 460 drying plants were found and would have been converted into about 40 pounds of processed pot, which would have fetched a street price of about $100,000.
ER Man leveled shotgun at deputy
TS Sheriff: Armed man pointed gun at deputy/Grow may be related to earlier bust (with press conference video (pretty glitchy) TS)
TS Man shot by deputy was hit three times
TS Nearly 500 pounds of marijuana found at shooting scene
ER Pot crop valued at $100,000, Sheriff's Office official says
ER - Pot field shooting 'justified,' sheriff says

How many years has Paul Gallegos been working on the Palco lawsuit?

Recap:
COMPLAINT FOR CIVIL PENALTIES, INJUNCTION AND RESTITUTION - a 45 pg pdf file
Gallegos vs Pacific Lumber Company, Scotia Pacific Holding Company, Salmon Creek Corporation and Does 1 through 10
Case No. DR030070 February 24, 2003
FIRST AMENDED COMPLAINT FOR CIVIL PENALTIES, INJUNCTION AND RESTITUTION - a 25 pg pdf file May 27, 2003
POINTS AND AUTHORITIES IN OPPOSITION TO DEMURRER July 28, 2003
ORDER SUSTAINING DEMURRER WITHOUT LEAVE TO AMEND - a 24 page pdf file June 14, 2005
GALLEGOS' OPENING BRIEF - a 35 page pdf file
Gallegos vs Pacific Lumber Company, et al Case No. A112028 (Humboldt Superior Court No. DR030070 November 8, 2006
PL'S REPLY BRIEF - a 57 page pdf file August 31, 2007
GALLEGOS' REPLY BRIEF - a 36 page pdf file September 20, 2007 (or September 24)

Four years and seven or eight months total? Two years and 4 or 5 months on the Appeal?

The unending battle

Humboldt Watershed Council asks FPPC to investigate Herman

Alleging conflict of interest (nothing new if you have been reading heraldo's advance charge) Ken Miller's Humboldt Watershed Council officially asked the state Fair Political Practices Commission Monday to investigate Humboldt County Planning Commission chair Tom Herman.

The heart of the Humboldt County Watershed Council's allegations comes in Herman's present affiliations with the Pacific Lumber Co.

As a private attorney, according to the council, Herman represents the Scotia-based lumber company -- an issue that became a conflict following his 2002 appointment to the Humboldt County Planning Commission.

***
This goes back a lo-o-o-n-n-n-n-g way:
From:"Ken Miller" Add to Address Book
Subject:Re: Elation
Date: Wed, 3 Mar 2004 13:43:16 -0800

From the Alliance for Ethical Business (AEB) List serve:
1. DA's office can fight meth and heroin and their related crimes including crooked cops. Crime prevention programs, in-patient rehab locally.
2. DA can exploit his national notoriety by recruiting seasoned as well as fresh bright younger prosecuters
3. Raise money to prosecute the PL case aggressively
4. Put forth an economic vision focusing on a diversified local and regional organic economy, including energy policy, LNG, appropriate Bay, airport, rail, etc development
5. Organize ourselves politically to accrue power, groom folks to run for offices. Database, outreach, etc.
6. Get rid of Tom Herman on the planning commission thanks to Rodoni, he has been central to all of PL's fraudulent activities and is therefore vulnerable to public outcry. This is a powerful position.


update: "Humboldt Watershed Council" goes for broke: Watershed Council asks for investigation into Palco connections

This time the target is Fortuna Mayor John Campbell and retirement pay he's collected -- and some that's still due -- from the Pacific Lumber Co.

The council sent the request for an investigation this week, alleging that Campbell hasn't properly disclosed the income, and may be improperly participating in discussions that could affect a development on Palco's old Fortuna mill site property.

Tuesday, October 02, 2007

Miller vs. Trees Foundation


North Coast Earth First! Press Advisory .....
Fraud suit against Trees Foundation goes to trial!
Case # DR 060660, Miller vs. Trees Foundation, beginning trial on 9/27/07
Arcata, CA - Sept. 26th, 2007 After two days of hearing motions and doing jury selection, the fraud suit against the Trees Foundation will be going to trial, with testimony set to begin on Thursday morning, September 27th, 2007. The case will be heard by Judge Christopher Wilson, in courtroom #3, starting at 8:30-8:45 a.m. and ending at noon each day.
The civil suit, case # DR060660, was filed by Ms. Kathryn Miller after she was informed that the $185,000 donation she intended for North Coast Earth First!, using the Trees Foundation (Garberville, CA) as a conduit for the donation, never reached its desired destination.

Long-time North Coast Earth First! activist "Shunka Wakan" will be the first witness to testify on Thursday morning. Shunka was running a Trees Foundation-sponsored media office for North Coast Eath First! at the time of the donation.

"I advised Kathryn Miller to go through the Trees Foundation to make the 'large donation,' and have seen this situation unfold from day one," said Shunka Wakan.

The suit alleges fraud and several common counts against the Trees Foundation, who are being represented by the San Francisco lawfirm Idell & Seitell.


h/t Eric Somehow this one slipped by me. Shunka's one of my favorites. Last word was he was looking for donations of socks and blankies. Tree sittin' is cold work.

Earth Firsters need socks!


Trespa-- I mean Tree-Sittin' is cold work. Doesn't even pay well enough to buy socks. Didn't EPIC win a big settlement? Maybe they have enough money outta that deal ta buy ya some socks, guys.

And what's this about a NCEF! teach-in for Americorp youth group? And what exactly is it you Coronado aficionados are teaching them?
***

Interested in learning more about the origins of Earth First!? Visit activistcash.com

Now you know

why Jake Pickering got his ass kicked so bad"" in the last election. If you missed his latest insane "My Word" in The Times-Standard don't despair. His buddy, Richard Salzman is pimping the insane rant through his listserve (this time it's "Redwood Progressive.") If you close your eyes, you can imagine the two of them working on the wording... "Say this.." "oh yeah!, That's Good!" "Now twist the knife, use words like 'felonious' and "spokesliar."

The really twisted part, though, is Pickering is running for yet another office. Jake Pickering is a candidate for the Humboldt County Board of Education.

Monday, October 01, 2007

Gallegos' FIRST AMENDED COMPLAINT 5/27/03

a 25 pg pdf file

And then "he" revised it
Gallegos vs Pacific Lumber Company, Scotia Pacific Holding Company, Salmon Creek Corporation and Does 1 through 10
Case No. DR030070
FIRST AMENDED COMPLAINT FOR CIVIL PENALTIES, INJUNCTION AND RESTITUTION
May 27, 2003

Gallegos' COMPLAINT 2/24/03

a 45 pg pdf file

THE ONE THAT STARTED IT ALL.
Gallegos vs Pacific Lumber Company, Scotia Pacific Holding Company, Salmon Creek Corporation and Does 1 through 10
Case No. DR030070
COMPLAINT FOR CIVIL PENALTIES, INJUNCTION AND RESTITUTION
February 24, 2003