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Monday, July 21, 2008

Links to GUNDERSEN coverage - 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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☛ TS Blue Lake police chief arrested for alleged rape 2/9/08
☛ ER Blue Lake Police Chief arrested on suspicion of rape 2/9/08
☛ TS DA: Allegations stem back a couple years, may have been continual occurrence 2/10/08
☛ ER Blue Lake police chief accused of multiple assaults 2/11/08
☛ TS News spreads quickly in sleepy Blue Lake
☛ KMUD Daniel Mintz interview with Gallegos. Click on KMUD Local News, 6:00 pm edition, Monday, February 11, 2008 6:00 pm
☛ TS No charging decision made in Gundersen case, says DA 2/12/08
☛ TS Attorney: Gundersen claims 'false'
☛ TS Gallegos sticks to his guns regarding investigation into Blue Lake police chief
☛ ER Defense attorney announced for Blue Lake Police Chief 2/13/08
☛ ER Blue Lake residents speak out against police chief 2/13/08
☛ TS Gallegos sticks to his guns regarding investigation into Blue Lake police chief 2/13/08
☛ TS In tense meeting, council puts off action on jailed police chief 2/13/08
☛ TS Gundersen hit with 12 counts of rape
☛ TS Gundersen pleads not guilty to 12 rape charges 2/14/08
☛ TS Town's council left out of loop 2/14/08
☛ TS Gundersen custody battle goes back 10 years 2/14/08
Gundersen's ex-wife, who works for the Humboldt County Sheriffs Office as a legal office assistant, is represented by Arcata attorney Joan Gallegos, the wife of Humboldt County District Attorney Paul Gallegos. Attorney Christopher Metzger represents Gundersen in that matter.

Paul Gallegos said Wednesday he does not think his wife's position as Gundersen's ex-wife's attorney will have any bearing on his decision whether to personally handle Gundersen's prosecution.

☛ ER Police Chief denied release from jail — $500,000 bail stands 2/15/08
☛ TS Judge denies police chief's release 2/15/08

WEEK TWO
☛ ER Gundersen: No stranger to bumpy roads 2/16/08
☛ MP Rape Case Proceeds Against Blue Lake Police Chief 2/19/08

AND MORE
☛ TS Gundersen faces additional charges. 2/27/08 (link is dead, story was updated)
☛ ER Blue Lake explores police options 2/27/08
☛ ER Four new charges against Gundersen 2/28/08
☛ TS Gundersen faces new charges of kidnapping, possessing a machine gun 2/28/08
☛ TS Blue Lake changed policy to allow Gundersen, wife to work together 2/28/08
☛ ER Gundersen’s attorney: Gallegos to face difficulty upholding burden of proof2/29/08
☛ TS Court documents shed light on Gundersen case 2/29/08
☛ TS Gundersen's lawyer: A 'witch hunt' 2/29/08
☛ ER Judge more than doubles Gundersen’s bail to $1,250,000 3/1/08
☛ TS Judge raises Gundersen's bail to $1.25 million 3/1/08
☛ TS Gundersen, alleged second victim were living together, report says3/4/08
☛ TS Investigation report: Gundersen's ex-wife also alleges drugging, rape 3/4/08
☛ TS Blue Lake's gun arsenal called shocking 3/5/08
☛ TS Feds eye firearms in Gundersen case (w/ video) 3/07/08
Both state and federal law are fairly clear about possessing a submachine gun or a pistol with a silencer: It's illegal in California, and illegal in the United States without a special permit from the ATF. Under California law, the penalty for possession of a machine gun is an unspecified prison term, up to a $10,000 fine, or both. For possession of a silencer it's the same.

But state law allows a law enforcement agency to buy machine guns, and for officers to have them and silencers -- as long as they use them in an official capacity and within the scope of their duties. In fact, there is no limit on the number of submachine guns an agency can have, said California Department of Justice spokesman Abraham Arredondo.

The Use of Firearms section of the Blue Lake Police Department Manual does not make any reference to submachine guns or silencers

☛ TS Expert: Rape victims can be forced to take witness stand 3/10/08
☛ TS Blue Lake's police chief quandary 3/13/08
☛ ER DA mistake violates victims’ rights 3/14/08
☛ TS Gundersen hearing pushed to April 3/14/08
☛ TS An evolution of law: Spousal rape recently prosecutable 3/23/08
☛ TS Blue Lake to set public meeting date to discuss police issues 4/08/08
☛ TS Blue Lake ends Gundersen's employment 4/10/08
☛ TS Gundersen's wife gets immunity 4/11/08
☛ TS Gundersen preliminary hearing continued 4/12/08
☛; ER Gundersen hearing moved ahead for third time 4/12/08
☛; TS Blue Lake's remaining officers placed on leave 4/15/08
☛ TS BLPD evidence storage facility burgled 4/15/08
☛ TS Blue Lake's city council: irrelevant 4/19/08
After getting the go-ahead from its self-insurance pool, the Blue Lake City Council has decided to terminate Police Chief Dave Gundersen as of May 5. This decision comes two months after Gundersen was arrested on 19 felony charges.
This implosion of the Blue Lake Police Department has its chief charged with raping his co-habitant, the department's second-in-command. She's been on administrative leave with pay for months. Two other officers and a clerical worker are also drawing full pay for sitting idle in City Hall while the sheriff is being paid to patrol the streets. The general fund is hemorrhaging red ink. Citizens are agitated and activated. Media are covering council meetings. Council members face hard decisions.

THE HEARING
☛ TS Gundersen alleged rape victim testifies in hearing 4/21/08
☛; ER First Witness Testifies at Gundersen's hearing 4/22/08
☛ ER Log of the Testimony, Gundersen's hearing 4/22/08
☛ TS 'Jane Doe 2' tells court of rape by Blue Lake chief 4/22/08
☛ TS EPD reportedly didn't follow up on 1999 rape report 4/22/08
☛ ER Both “Jane Does” testify, immunity deals criticized 4/23/08
☛; TS Defense questions alleged rape victim 4/23/08
☛; ER Jane Doe “felt coerced” into making statements 4/24/08
☛ ER Gundersen's hearing transcripts 4/24/08
☛ TS Key witness in Gundersen case says testimony coerced 4/24/08
☛ TS Experts: Little impact from coercion charges in Gundersen case 4/24/08
☛ ER Doe 1: ‘I don’t think I would have ever come forward’ 4/24/08
☛ TS Police chief's wife feared he'd hurt her 4/25/08
☛ TS DA investigator believes EPD didn't follow up 1999 rape claim 4/25/08
☛ TS Gundersen held to stand trial 4/30/08
☛ ER Gundersen to answer to 19 charges 4/30/08
☛ TS Blue Lake police chief held for trial 5/1/08
☛ TS Gundersen faces 14 new counts 5/14/08
☛; TS Court dismisses civil action against Gundersen 5/27/08
☛ ER Gundersen to go to trial in July
☛ LA Times Police chief’s arrest jolts town 6/4/08
☛ TS Gundersen trial pushed back to July 6/20/08

LEADUP TO THE TRIAL
☛; TS Gundersen attorney wants change of venue 7/2/08
☛ TS Gundersen's attorney seeks to dismiss charges 7/3/08
☛ TS Judge hears motion to dismiss Gundersen charges 7/10/8
☛; ER Judge to consider change of venue for Gundersen trial 7/10/08
☛ TS Gundersen trial jury selection slated to begin 7/14/08
☛; ER Two charges against Gundersen dismissed 7/15/08
☛ TS Judge dismisses three charges facing Gundersen 7/15/08
☛ TS Gundersen turns down plea deal 7/16/08
31 counts, including 24 charges of spousal rape with the use of an intoxicant, forcible rape of a second victim with a firearm enhancement, attempting to dissuade a witness, violating a court order and possessing a submachine gun and a pistol with an attached silencer and reduces it to one count of spousal rape and another of forcibly raping a second victim.

The TS reports that Gundersen, who is facing 28 felony charges, turned down a plea deal that could have landed him in prison for anywhere from nine to 26 years, attorneys said in court Tuesday.

”We rejected it in its entirety,” Gundersen's attorney Russell Clanton said of the deal, in which Gundersen would have pleaded guilty to one count of spousal rape and another of forcibly raping a second victim. “Our position is that the defendant has no criminal liability.”

☛ ER Juror questionnaire ready as selection process begins 7/16/08
☛ TS Jury selection underway in Gundersen case 7/17/08
☛ ER Former police chief now faces two trials 7/22/08
☛ TS Gallegos asking for Gundersen's ex-wife to take stand 7/23/08
☛ ER Rape Crisis Center to fight subpoena 7/25/08
The Humboldt County District Attorney’s Office subpoenaed a rape crisis counselor who worked with Jane Doe 1 to testify at former Blue Lake Police Chief Dave Gundersen’s trial.

As a result, the North Coast Rape Crisis Center filed a quash motion on the grounds of doctor-patient confidentiality.

☛ TS Gundersen case jury selection continues 7/28/08
A motion for a change of venue, filed by Gundersen's attorney Russell Clanton, is still under submission with Watson, pending jury selection.

”I think the media coverage has affected the jury pool to some degree, but it's unclear to what degree,” Clanton said last week. “We're still going through the process.”

District Attorney Paul Gallegos said he doesn't think media coverage has had that big an effect on the jury pool, but conceded it will be up to the judge to determine if an impartial jury can be seated.

☛ TS Gundersen's ex-wife to testify 7/29/08
☛ ER Ex-wife’s testimony will be heard 7/29/08

THE EXPLOSION: JANE DOE #1 SPEAKS OUT
☛ ER Doe 1 speaks out, files complaint 7/31/08
“I believe this was a conspiracy between (Paul Gallegos), his wife and (Gundersen’s ex-wife) in an attempt for (Gundersen’s ex-wife) to gain full custody of the kids,” she wrote. “Her plan worked.”...

☛ TS Gundersen's wife alleges misconductby law enforcement 7/31/08
In a letter sent to a variety of agencies Wednesday, former Blue Lake Police Chief David Gundersen's wife is accusing the Humboldt County District Attorney's Office and the Sheriff's Department of civil rights violations, police coercion, false imprisonment and conspiracy...

☛ TS Gundersen's wife says case causing financial, emotional turmoil
David Gundersen's wife said she feels like a victim, just not in the way most people think.

THE TRIAL
☛ TS Gundersen trial to begin Monday
☛ ER Gundersen trial ready to begin Monday

DAY ONE:
☛ TS Gundersen trial scheduled to begin8/11/08
☛ TS Gundersen trial underway8/12/08
The trial of former Blue Lake Police Chief David Gundersen got underway this morning with opening statements...

District Attorney Paul Gallegos laid his framework for the case, saying at its center, it's about the abuse of power.

During his opening statement, Gundersen's attorney Russell Clanton argued that the case has its beginnings in the Gundersen family court case and is part of a plot carried out by his client's ex-wife....

...During cross examination, (Humboldt County Sheriff's Office Lt. Dave) Morey testified that Gundersen's ex-wife and Seal planned to have the ex-wife hold onto the computer hard drive to turn over to her divorce attorney, Gallegos' wife Joan Gallegos, for possible future use. Morey denied that he had any plan for the photos.

”I'm not going to admit to that plan because it's not my plan,” Morey said. “That's the plan (they) told me about.”
Morey testified that he did not feel that he or other investigators had coerced or brow-beaten Seal into making statements of any kind....

...As to the weapons Gundersen is charged with possessing, Gallegos told the jury evidence will show they weren't purchased by the city of Blue Lake, that they didn't appear on any of the police department's weapons inventory lists and that their acquisition was not authorized by Blue Lake city managers.

Clanton countered that the weapons were obtained through a reputable dealer -- Southern California's Cinema Weaponry -- that they were registered by the manufacturer and that former Blue Lake City Manager Wiley Buck knew of their existence. Further, Clanton argued it is prudent for the police chief of a small town with a school and a casino to possess such weapons....

☛ ER Gundersen trial begins 8/12/08

DAY TWO:

☛ TS Gundersen's wife held for her safety, investigators testify
In his second day on the stand, Humboldt County Sheriff's Office Detective Troy Garey testified he believed Seal was afraid of Gundersen based on his hour-long interview with her on the morning of Feb. 8. He also testified that Gundersen repeatedly called Seal during the interview, and investigators had reason to fear for Seal's safety if she left the premises.

District Attorney's Office Chief Investigator Mike Hislop also testified he believed Seal may have been in danger if she left the main station and that law enforcement consequently did not allow her to leave until after Gundersen's arrest, which occurred at about 6 p.m....

Garey went on to testify that he believed Seal was in an emotionally and mentally fragile state on the day in question and he took that into account in the way he dealt with her during the interview.

”She was fragile,” he said. “It's like handling an egg, you don't want to do anything to push people over the top.”

Garey said it was “somewhat surprising” to find later that day that Seal refused a Sexual Assault Response Team exam at the hospital and was saying she now felt the sex she had told investigators was nonconsensual was consensual and did not constitute rape. Garey testified Seal's changing story was in line with what he had been trained to expect in sexual assault cases.

☛ ER Day 2 of Gundersen trial
When he agreed to the contact, Gundersen’s attorney, Russell Clanton, who read from a transcript, said Gundersen asked Seal, “Why did you do this?”

“They totally bullied me, Dave,” Seal said.

“What do you mean they bullied you?” he said.

“I’m dropping all the charges on Monday,” she said. “I want to spend the $50,000 to get you out.”

The communications between Seal and Gundersen after his arrest are the source of two charges against him, one for violating an emergency protective order and another for trying to dissuade a witness.

DAY THREE:

☛ TS Gundersen jury sees interview video 8/13/08
The wife of former Blue Lake Police Chief David Gundersen took the stand this morning in her husband's trial on charges of spousal rape, testifying that Gundersen never had sex with her against her will and that she lied to investigators....

...After Seal testified that Gundersen had never engaged in nonconsensual sex with her and that she had been “sarcastic” and made untrue statements to investigators on the day of her husband's arrest, District Attorney Paul Gallegos moved to show the jury a video recording of Seal's interview with investigators.

After Superior Court Judge Bruce Watson granted the request, the jury was shown the beginning portion of the hour-and-a-half-long interview. In the portion shown to the jury, Seal makes repeated references to Gundersen having raped her, expresses fear for her safety and says that Gundersen threatened to kill her.

The jury is expected to view the remainder of the video when the trial resumes tomorrow before Seal re-takes the stand....

☛ TS Gundersen's wife takes the stand, says she lied to investigators 8/13/08
☛ TS Experts say victims often recant out of fear, love 8/13/08
☛ ER Wife's testimony conflicts with video 8/13/08

DAY FOUR:

☛ TS Gundersen's wife re-takes the stand 8/14/08
☛ TS Gundersen's wife says she lied to investigators, on stand at prelim 8/14/08
☛ ER DA grills alleged victim on stand 8/14/08

DAY FIVE:

☛ TS Gundersen's wife: I didn't think he'd be arrested 8/15/08 (note: the first TS link each day may be dead as they are breaking news posts that later get dropped as the full story is posted the next morning.)
☛ TS Gundersen's wife again denies rape 8/15/08
☛ ER Alleged victim talks about emotional state 8/15/08

Gallegos is gone for a week. Trial is on hold.

DAY SIX:
☛ TS Gundersen's wife spends day 4 on stand 8/26/08
☛ ER Gundersen's wife finishes testimony 8/26/08

DAY SEVEN:
☛ TS Attorney: Gundersen's wife feared she'd be killed for testimony 8/27/08
☛ ER Gundersen’s ex-wife takes stand

DAY EIGHT:
☛ TS Domestic violence expert witness to testify
☛ ER Domestic violence expert to testify

DAY NINE:
☛ TS Expert: Domestic violence is about power, control
☛ ER With heavy heart, Seal’s friend speaks of rape allegations she heard

DAY TEN:
☛ ER Phone calls detail wife’s suspicions, hesitation to talk about alleged sex crimes 8/30/08
☛ TS A question of consent 8/30/08

DAY ELEVEN:
☛ TS Tapes reveal Gundersen's wife's hesitance
In taped conversations with former Blue Lake Police Chief David Gundersen's wife, district attorney investigators caution her about talking with her husband's attorney and expressed concern that she may be lulled into being a witness friendly to the defense in the spousal rape case....

☛ ER One shot at conviction

DAY TWELVE:
☛ TS Guns take center stage in Gundersen case 9/4/08
☛ ER City manager left police decisions up to Gundersen 9/4/08

DAY THIRTEEN:
☛ ER Prosecution rests in Gundersen trial 9/5//08
☛ ER Prosecution rests in Gundersen trial 9/5/08

DAY FOURTEEN:
☛ ER Gundersen defense starts; Seal on stand again 9/8/08

DAY FIFTEEN:
☛ ER Former co-workers blast Seal’s character 9/9/08
☛ TS Defense witnesses question Gundersen's wife's honesty 9/9.08

DAY SIXTEEN:
☛ TS Defense rests in Gundersen case
The defense rested today in the rape trial of former Blue Lake Police Chief David Gundersen, clearing the way for jury instructions and closing arguments to begin Monday.
☛ TS Defense rests in Gundersen case 9/11/08
☛ ER FBI expert: submachine gun use by city police not uncommon 9/11/08
☛ TS Blue Lake begins plans to clean up evidence locker 9/11/08

DAY SEVENTEEN:
☛ TS AG: No conflict of interest in Gundersen case. 9/12/08

CLOSING ARGUMENTS:
☛ TS Closing arguments expected to begin today in Gundersen c 9/15/08
☛ TS Gallegos delivers closing argument
☛ ER Prosecution issues closing arguments in former police chief’s trial 9/16/08
Gallegos said that in all the contacts Gundersen had with Seal after being arrested, he never refuted the charges against him...
☛ TS Gundersen case goes to the jury 9/16/08
☛ TS Gundersen case in jury's hands 9/16/08
☛ ER Spousal rape case goes to jury 9/16/08
☛ TS Jury will read Gundersen verdict Wednesday 9/23/08
☛ TS Gundersen found not guilty of spousal rape 9/24/08
☛ ER Gundersen found guilty on weapons charges but not on rape charges 9/24/08
He was found not guilty of 24 charges of spousal rape with an intoxicant.
For counts 1 - 11, he was found guilty of battery, a lesser charge than spousal rape with an intoxicant.
He was found guilty of unlawful possession of a machine gun and a silencer. He was also found guilty of violating an emergency protective order.
He was found not guilty of attempting to dissuade a witness.
☛ ER Jury back to Deliberation
☛ TS Jury in Gundersen case sent back for further deliberation
☛ TS Gundersen faces prison sentence for firearms
☛ ER Maximum sentence of Gundersen could be 3 years, 8 months
The Times-Standard has made video of today's reading of the Gundersen verdict available online.
☛ TS link
The Journal has posted ☛ an audio report
☛ TS Gundersen's battery convictions may come under fire
☛ TS No longer the man in blue A TS editorial
☛ TS
Judgment: Jury acquits Gundersen on rape charges, convicts on battery and guns

☛ ER Gundersen Trial Concludes
☛ ER Gundersen verdict closes a chapter
☛ ER Blue Lake looks back, moves forward
☛ ER A timeline of the David Gundersen case
☛ ER Break it down: The various verdicts of David Gundersen
24 counts of felony spousal rape with an intoxicant: NOT GUILTY
11 counts of misdemeanor battery (lesser charge than rape): GUILTY up to six months in jail, a fine or both
Felony attempting to prevent or dissuade a victim or witness of a crime: NOT GUILTY
Felony possession of a machine gun: GUILTY brings maximum sentence of three years in prison
Felony possession of a silencer: GUILTY brings maximum sentence of three years in prison
Misdemeanor violation of a court order: GUILTY up to one year in jail, a fine or both
Misdemeanor possession of a controlled substance: DISMISSED at the beginning of trial
For his part, District Attorney Paul Gallegos said he believes the statute of limitations clock, even on misdemeanors, doesn't start running until law enforcement knows or reasonably should have known of the offense. In this case, Gallegos said, that means the statute of limitations would not run out at least until Feb. 8, 2009, or one year after Gundersen's arrest and the discovery of the photographs in question.
☛ TS Gundersen's battery convictions may come under fire
☛ TS Protective order revoked in Gundersen case
☛ TS Bail lowered from $1.25 million to $50,000 at a hearing this afternoon.
☛ ER Gundersen to be released from jail tonight
On Friday, Watson dismissed the emergency protective order placed on Gundersen follow his preliminary hearing in April, which prohibited him from contacting Seal.
Gundersen will be sentenced on Oct. 22 and faces at worst three years, eight months in prison, mostly related to the firearm charges.
9/29/08
☛ TS Gundersen fails to show up for court hearing 10/22/08
☛ ER Gundersen a no-show at hearing 10/22/08
Clanton said he also plans to file a motion for a new trial, after speaking with jury members about their findings in the case. That motion will likely be heard before Gundersen's sentencing.

"Certainly you don't go to sentencing until you have the motion for a new trial filed," Clanton said.

☛ TS Recommended Gundersen charges stem back to old investigations 11/15/08
☛ TS Trinidad PD recommends theft charges against Gundersen 11/13/08
☛ TS Gundersen files motion to toss convictions 11/13/08
☛ TS Gundersen faces new charge 11/21/08
☛ TS Gundersen given probation for firearms convictions 11.22.08
A Humboldt County Superior Court judge sentenced former Blue Lake Police Chief David Gundersen to four years probation Friday, for a pair of September convictions of illegally possessing a submachine gun and a pistol with a silencer.

Gundersen faced a maximum sentence of three years and eight months in prison for the convictions, but Judge Bruce Watson found that unusual circumstances surrounded the convictions which would normally carry a presumption of ineligibility for probation.

Watson also ruled in favor of a defense motion seeking to set aside 11 misdemeanor battery convictions, ruling that the convictions were time-barred by statutes of limitations.


In addition: After an April preliminary hearing, Gundersen was also held to stand trial on allegations that he raped his then live-in girlfriend in 1999 and acted unlawfully with department records, but a judge ruled those charges would be tried separately.

In court Friday, the District Attorney's Office also announced it will not proceed with those charges.


”My instructions are that the people don't intend to proceed with those counts, so I request that they be dismissed in the interest of justice,” Assistant District Attorney Wes Keat told the court.
(Gallegos did not appear)

☛ TS Gundersen held to answer to theft charge
Former Blue Lake Police Chief David Ray Gundersen was held to stand trial today on a single charge of felony grand theft, stemming from his days as Trinidad's chief of police.

Humboldt County Superior Court Judge Bruce Watson ruled today that there is sufficient evidence to hold Gundersen to stand trial on the charge, which alleges that he took five firearms out of Trinidad Police Department evidence and traded them, along with other guns, for a submachine gun and a silencer -- weapons Gundersen was convicted of possessing illegally in December.

Current Trinidad Police Chief Ken Thrailkill was the sole witness called to testify at the preliminary hearing. Gundersen is due back in court March 11 for an arraignment.

***
☛ riodelltimes People vs. David Gundersen Part II 3/14/09
☛ TS Gundersen pleads not guilty 3/14/09

***
BLOGS:
Heraldo - Blue Lake Police Chief Arrested for Rape
Mirror - Police chief denies spousal rape accusation, says two were never married 5/10/08
The Wasp - Gallegos the Sneak 5/13/08
The Wasp = Correction/Update
Mirror - Police chief pleads not guilty to spousal rape, requests Valentine’s Day conjugal with wife 5/14/08
The Wasp - Gold stars for Thad and John...but something's amiss
Fred: What???
Fred: Prosecutions
SoHum Parlance - Blue Lake police chief denied OR
BEHIND THE BLUE WALL blog has a post on the Gundersen matter.
Mirror - Blue Lake slips motto contest into city council agenda 3/5/08
Mirror - Gallegos hires Mandrake the Magician to erase memories of alleged rape victims’ names 3/18/08
Mirror - At this point, we would definitely consider a name change 3/26/08
Blue Lake cans Chief Gundersen 4/9/08
Mirror - Blue Lake City Council shows some sack 4/10/08
Mirror - Blue Lake’s entire police force now on paid administrative leave 4/15/08
Mirror - Gundersen got way more action than previously believed 5/13/08
Mirror - Confirmed: Gundersen attorney desperately seeking venue change 7/7/08
Mirror - And now a few words from the Too Goddamn Much Information department
The Mirror Gallegos found guilty of wankering another big case
Heraldo And the verdict is...

BACKGROUND/PAST HISTORY
☛; ER Gundersen: No stranger to bumpy roads The story of Gundersen's previous arrest and its outcome.
☛ Legal Defense Fund http://www.porac.org/ldf/articles/february%201%201998.html
Adelanto Showdown: Officers vs Council February 1998
☛ From the Lunesta site Opening paragraph:

(note: the first TS link each day may be dead as they are breaking news posts that later get dropped as the full story is posted the next morning.)

(NOTE: The Eureka Reporter ceased publication on Nov. 8th, 2008. At this time, all online archives are gone, thus all links are dead. Whether they will be restored is unknown. If anyone is researching this topic, there should be archived copies of the actual papers at the Humboldt County Library. The loss of these archives is a tragedy.)
First posted 2/16/08 Updated on an ongoing basis

UPDATE:
Grand theft charge dismissed against former Blue Lake police chief

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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8 comments:

  1. A speedy trial ? Great !

    Not Guilty, request a jury trial, and do NOT waive time.

    As most all county residents familiar with the DA's office know, just about every case gets pled out to peanuts to avoid court time (aka work).

    This will be interesting.

    ReplyDelete
  2. A legal ????

    Since the DA's Office (investigators) took the lead on this case can they, the DA, and the county be sued if the prosectution fizzles and it is later learned that some shortcuts were taken ???????

    As I understand it the prosecutor has a ton of immunity but what about if they initiate the investigation ?

    I can see why the DA's investigators needed all those AR15assault rifles now.

    Just a few thoughts

    ReplyDelete
  3. Isn't it great that they avoided having to use those weapons in their arrest of Gundersen. Even the T-S toasted them for their foresight in using a ruse to arrest him peacefully.

    ReplyDelete
  4. With all that smoke there has to be a fire.

    ReplyDelete
  5. May be. Doesn't seem like anyone likes him either.

    Was that the case in Adelanto as well? Looks like there was alot of smoke there, too.

    ReplyDelete
  6. there are two ways to sue, at least.
    One would allege negligence, one
    would allege a constitutional violation (arrest knowing there was no probable cause, or arrest with a very high degree of indifference, or with deliberate falsehoods to the judge). The two theories can be combined, but it is better to go constitutional and file in federal court in SF. Ask
    EF.

    ReplyDelete
  7. del.icio.usDiggRedditYahooMyWebGoogleFacebookWhat's this?
    Gundersen custody battle goes back 10 years

    The Times-Standard
    Article Launched: 02/14/2008 01:27:14 AM PST



    Blue Lake Police Chief David Gundersen faced allegations of raping his ex-wife as part of a heated custody dispute nearly 10 years ago, court records show.
    Gundersen's ex-wife claimed in 1999 court records that her then husband put drugs in her food or drink so she couldn't resist his unwanted sexual demands.
    Gundersen now faces 12 counts of raping his current wife while she was drugged or intoxicated. He pleaded not guilty to all criminal charges filed on Wednesday.
    Gundersen's attorney Russell Clanton said Tuesday he believed the chief's Friday arrest in McKinleyville had its origins in the family court case.
    Gundersen denied the claims of his ex-wife to Humboldt County Court Investigator John Buffington, according to a court report on Nov. 3, 1999. It was part of an ongoing custody dispute over the Gundersens' two children.
    ”As to the drugging of Mrs. Gundersen, it is difficult to know who is lying to me,” Buffington wrote. “But it is clear that one of the two is lying to me.”
    Gundersen's ex-wife, who works for the Humboldt County Sheriffs Office as a legal office assistant, is represented by Arcata attorney Joan Gallegos, the wife of Humboldt County District Attorney Paul Gallegos. Attorney Christopher Metzger represents Gundersen in that matter.

    WTF? Why is Paul allowed to prosecute this case for the convenience of his wife's client? Did Joan ask him to help her client get custody by locking up the father on these rather sketchy rape charges? This looks like a serious ethical problem. Has Clanton moved to DQ Paul Gallegos from handling this case? Has anyone complained about Gallegos to the State Bar? If not, why not?
    This looks like the appearance of impropriety, like the DA's office is run for the convenience of Joan Gallegos, not for the protection of the public.
    The more I learn about Paul Gallegos, the more I hope he is voted out of office at the first opportunity. This is so weaselly I cannot believe it is happening. I don't know if Gendersen did anything or not, but he should not be prosecuted by a weasel whose wife has a direct interest in seeing him convicted for the benefit of one of her clients. This REALLY looks like corruption by the DA- has anyone complained to the AG or the State Bar or anyone? I can't believe this!

    ReplyDelete
  8. I sentence them to counseling for two years. To include the children, to heal this little family.

    ReplyDelete

Comments are closed for the time-being.