Friday, February 29, 2008

Gallegos to face difficulty upholding burden of proof - UPDATED

UPDATED:

Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012

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Gundersen’s attorney: Gallegos to face difficulty upholding burden of proof

Blue Lake Police Chief David Gundersen’s attorney, Russell J. Clanton... said he’s reviewed the amended complaint that Humboldt County District Attorney Paul Gallegos filed Wednesday, which added four charges to the 15 already alleged against Gundersen. But he hasn’t received all of the evidence.... said he was troubled by the timing Gallegos chose to file the new charges — the day Gundersen was scheduled to have a preliminary hearing...

“It appears the DA is developing his case as we go forward,” Clanton said. He said it’s horribly unfair, and called it a “witch hunt” and “character assassination.”

TS Gundersen's lawyer: A 'witch hunt'

Clanton said he believes the charges are rooted in an ongoing custody battle between Gundersen and his ex-wife, who is an employee with the Humboldt County Sheriff's Office.

While Clanton said he still holds that opinion, it appears there are people in the law enforcement community “with an ax to grind.” He also said evidence to support the latest charges are trickling in from the DA's office, putting the defense at a disadvantage.

Gallegos said “everyone will hear what the facts are and they'll be tested in court, as opposed to someone saying something.”


TS Court documents shed light on Gundersen case

...The court documents outline how the allegation of spousal rape was initially reported, list items reportedly found during law enforcement searches and offer some insight as to why District Attorney Paul Gallegos is now labeling Gundersen's wife {Jane Doe}, the alleged victim, as a hostile witness.

According to the documents, the case developed on Feb. 8 over the course of about 14 hours, beginning with the alleged victim being interviewed by law enforcement, followed by the issuance of search and arrest warrants, Gundersen's arrest and his wife later stepping back from her allegations....

The probable cause document states that during the meeting she claimed her husband had sex with her “hundreds of times” while she was incapacitated after she took sleeping pills, most recently the night before. She also reported finding photographs taken without her knowledge on a computer about six months earlier and confronting her husband about them.

While the timeline is unclear, according to the same document, Gundersen's current wife and his ex-wife spoke while she was at the McKinleyville substation, where his ex-wife works as an office clerk. At some point, the ex-wife relayed information to Morey, which prompted his involvement in the investigation, the document states....

It also states the alleged victim had previously told the ex-wife about her concerns regarding Gundersen, and had given the ex-wife an external hard drive from Gundersen's home computer, which she believed to contain non-consensual nude photographs of her.

The alleged victim, referred to as Jane Doe, was questioned in a videotaped interview at the substation. District Attorney Paul Gallegos said Thursday that there is law to support admitting the videotaped interview as evidence in court...

”Jane said that is what she told us, but now in her mind the sex was consensual,” the report states. “I asked Jane if the suspect asked her if he could have sex with her. Jane said no. I asked Jane if the suspect knew she was under the influence of a sleeping aid. Jane said yes, the suspect told her to take it. I stated the suspect knew she was under the influence of a sleeping aid, and he had sex with her, without her permission. Jane said yes. Jane said now, in her mind, it was consensual sex.”

...”If we have evidence of other criminal activity, we'll file charges,” Gallegos said. “The defendant has the right to a trial and the presumption of innocence always applies. The burden of proof is always on us.”

Related coverage, with links

UPDATED:

Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012

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12 comments:

  1. This just keeps getting better and better.

    russ clanton sniveling that there are people in "law enforcement that have anax to grind" ???? Does this mean that the cops are conspiring against Gunderson?

    I doubt if Gunderson is held in high regard by the majority of local cops but I really don't think the cops have an "ax to grind".

    OMG

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  2. What I find very interesting is that the alleged victim (wife) didn’t report a crime to law enforcement but had a discussion with the ex who reported it and then called the current wife for a statement. Could really explain why she said that the DA took her statements, blew them out of proportion and that she supports her husband. Next, we now have a charge of kidnaping with the intent to rape that was discounted by EPD in 1999.

    Fishy. Perhaps Gallegos is frantic that his Douglas/Zanotti fiasco is circling the drain?

    In any event, isn’t anyone out here a little disgusted with Gallegos identifying the current alleged victim as Gunderson’s wife? No one a little pissed that she has no right to privacy in something she didn’t even report as a crime? How about his threats to lock her up if she doesn’t cooperate? Nothing like a strong dose of intimidation to force her to do something she doesn’t want to do. Why does he get to threaten her?

    This is getting more and more outrageous everyday.

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  3. How about the Defense lawyer being Gag's best or at least good buddy? What a mess.

    This should be one interesting preliminary hearing. If I didn't have to work I'd go just for the entertainment.

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  4. If the guys quilty throw the friggin book at him. Paul better bone up on the law if he thinks he'll beat Clanton. He's out of his league in this battle of legal minds.

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  5. I think y'er right about that.

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  6. It's all a conspiracy! Tell the Rose! Tell them about Pauls black helicopter which hovers over Cutten silently at night! A SILENT HELICOPTER!!!!! HELLO!!!!!!

    Gunderson has been set up! It was Paul in the evidence locker stealing drugs! It was Paul with the MP5 machine guns and silencers! What is the DA doing planting this evidence upon an innocent man? Wherre did he get this stuff from???

    I FOR ONE WILL BE WATCHING THE NIGHT SKIES FOR THE SILENT BLACK HELICOPTER OF PAUL GALLEGOS!!!!

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  7. He got the black helicopter!!?! With the stealth features! Drat! I was told he had ordered the armored humvee with the gun turrets, but without the dual front-mounted .50 caliber machine guns!

    Get me that sales guy on the phone, stat!

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  8. Cutten? I thought it was Blue Lake.

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  9. Pretty sure the DA lives in Cutten.

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  10. Of course he has to live in the Sheriffs jurisdiction. Do you think he would feel protected living within the Eureka City limits?

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  11. He lived in Cutten long before he ran for DA.

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  12. without the "current" "victim" (and if he thinks the jail call gets him around Crawford, and lets in the video, he's dumber than usual) he looks like a complete idiot for going off half cocked. The old stuff will collapse of its own weight. But the machine gun and silencer might stick. It looks like a combination- DA, Gunderson, Clanton- that truly deserve each other.

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