Thursday, January 10, 2008

One question

Will the Court Of Appeals decision make the AP wire? Will the national reporters who published Shellenberger's press releases about the gallant David (Gallegos) now report that the Emperor had no clothes on after all...

Or is this like the guy who gets arrested, gets his name smeared all over the front pages, and when he is found innocent, doesn't even warrant a small paragraph clearing his name?

Your search - Pacific Lumber, court of appeals - did not match any articles between Jan 9, 2008 and today.

Everyone likes to come into town and say this is about the jack-booted loggers against the cool newcomers, the old boys versus enlightenment - how about a new angle this time -

There is an interesting pattern in the decisions rendered in Palco related cases. It is that the justices, in setting forth their judgements, go out of their way to express detailed opinions outlining the horrors of the so called “enviro”-litigant's actions.

It happened in the case of Bob Martel (Humboldt Watershed Council/Ken Miller, remember) where he was found to have no standing and ordered to pay substantial fees ($110,000.00, no less.)

It happened in Hurwitz's case against the FDIC where the judge ruled that the government had acted like the Mafia in trying to take his property.

It happened when Freeborn ruled on the demurrer, and it has happened again here.

The system does work. And the so called “environmental” groups who have attempted to use the court system as a Panzer unit are finding that out.  

The judges are not political animals, and the decisions are made quietly, without the fanfare that PACs bring. It's like the tree that falls in the forest - and in this case, no one hears.


  1. Rose

    Most often AP and the other wires get their local/regional items from the news media affiliates in the area where the story originates.

    Tom Abate of the SF Chron (Business writer) is a long time former local ....he might have some ideas.

    It's a really good, yet sad story.

    If you have a media friend who is an AP affiliate, suggest they file the story.

  2. I'm going to do my part to let everyone know locally what happened. Why it happened !

    I did check Hearadlo's site and no mention! He must be livid since he is so obsessed with Palco. Must have issued his own 215 reocommendation so he can go smoke himslef into a stupor.

    I wonder if the dope growers best friend is going to issue a press release ?

  3. does this mean God just bitch slapped Ken Miller (and PVG)?

  4. Ha ha! It means the system works. It means you can't put your stooge in office and have him file cases to accomplish your - goal (ok, Hank?).

    It means ignoring the facts and pushing your case will not pass just because you've been able to talk your way out of everything all your life. Not all people are blind - and the justices most certainly knew what they were looking at. They laughed as he presented his argument.

  5. Yeah...and it's about time

  6. "They laughed as he presented his argument."

    Is that something you know or you think Rose?

  7. I was there, 12:14. Saw it with my own eyes.

  8. Should've added - I said there is a CD of the proceedings, you will be able to hear it for yourself.

  9. You were there, where?

  10. This is 12:14

    That's awesome Rose. I can't wait for the link.

    And are so right, sometimes the system does work.

    Were any of the usual suspects in the courtroom? Salzman, Miller?

    In ay case you've got enough material for a really good book.

  11. The appellate decision closes by pointing out that "The State" meaning PVG has tried three times to come up with a coherent pleading and failed three times.

    That's as close as an appellate court will come to saying, in plain words "three strikes and you're out kid, take your bucket and shovel back to the sand box".

  12. All the deputy DAs who worked here when Gallegos took office said there were no facts to support this lawsuit.

    PL, Debi EPD officers: are you starting to see a pattern yet?

    How much county money will you let him waste pursuing baseless actions while letting real criminals off easy?

    How much money will the county owe PL?

    How much will the City of Eureka pay to exonerate the EPD officers?

    How many soft plea deals of real criminals will be ignored by the press and the community?

    One of the defendants who robbed a bunch of convenience stores and shot at an officer just got a mere 3 years. He probably has close to that in custody credits and will be back on our streets to commit more violent crimes.

    Gallegos is giving Kesser (the man who hired people to kill his wife, and mother of his child, for money), second degree murder, making him eligible for parole and release into our community.

    These are only two examples.

    Look at the paper, which does not even cover a small fraction of the crime, and see the reports of violent crime and then look at all the misdemeanor pleas.

    Look at our streets, and the obvious drug infestation. Travel to other towns, you won't see it.

    How long will you allow Gallegos to destroy the integrity of the DA's office, all the while drawing a large salary, benefits, and a retirement, while taking all vacation time he wants?

  13. 9:10am, you are on the money.

    Gallegos' office gives up the ghost as a matter or routine. I heard it was Arnie Klien that gave Jason Omholt the 3 year deal, but I heard they put in one "strike" so he actually got 6 years. But he should have got 25 or more. Makes the whole system somewhat of a joke. I can see Omholt laughing now. He got six years and his half brother got killed.

    Gallegos' office usually pleads felonies out to misdemeanors before they even go to a preliminary hearing.

    When Gallegos took over the Times Standar had a "on the Record" segment on Sundays that showed what people wher charged with and what they were sentenced to. There used to be a half page or more every Sunday. Many people going to prison for the serious acts. You don't see that anymmore do you. If someone pled's guilty they get probation. And that's OK for a first time conviction.

    Drug dealers, pot growers, mini mart robbers get sweetheart deals and the District Attorney goes after cases he was told were no-go's from the start (the frivilous PL lawsuit). Then after it get's dumped he appeals and it gets dumped again. The appeals court gave him both barrels and I'll bet Ken Miller and posse talk our dumbass DA to try another appeal!

    Debi August was right

  14. In the March 2004 edition of "CALIFORNIA LAWYER" there is an article called "The Seige of Scotia". In the article is says that on March 17 Assistant District Attorney Tim Stoen went to a Fortuna city council meeting to try and "disuade" the city council from passing a resolution condemning the PL suit.

    Councilwoman Debi August was quoted as telling Tim Stoen (in an open council meeting); " I have to tell you. I believe you were brought here for this case and this case alone. I believe our district attorney is behind all of this. And I more than believe that if there was ever was a mistake made, it was when that man was elected".

    And look what happened to Debi August when she engaged in a little free speech ?! Gallegos and Stoen go after her on some BS political vendetta which cost August and the City of Fortuna lots of money.

    Gallegos uses the power of his office and the county money to go after his enemies and the enemies of his friends. PL, August, and EPD.

    When is this going to stop ?

    How do you spell C.O.R.R.U.P.T.I.O.N.

  15. You spell it G.A.L.L.E.G.O.S.

  16. And you watch the "progressives" rally to the side of this naked emperor and re-elect him, because
    anything is better than a real
    DA to them.

  17. But wait there's more!!


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