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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ER Four new charges against Gundersen
They include one felony count of allegedly using a firearm to kidnap or carry away an alleged victim for the purpose of rape around March 7, 1999 — an alleged violation of California Penal Code 209 (b)(1).
This alleged victim is not Gundersen’s wife or his former wife, Gallegos said. The alleged offense is considered a felony under PC 1192.7 (c)(8) and a violent felony under PC 667.5 (c)(8).
Gundersen is further accused of one felony count of allegedly selling, offering to sell, possessing or knowingly transporting a Heckler & Koch MP5 machine gun — around Feb. 8 — an alleged violation of PC 12220 (a)....
The third charge — one felony count of possessing a silencer for firearms — also occurred near Feb. 8. It is an alleged violation of PC 12520.
Lastly, he was charged with one count of allegedly violating California Vehicle Code Section 1808.45, for disclosing information from an unnamed-department record, using false representation to obtain the record, using the information for a purpose other than what it was requested for, or participating in the sale or distribution of the information without prior disclosure around Sept. 28.
Gundersen pleaded not guilty to all four counts. At his arraignment on Feb. 13, he pleaded not guilty to all the previous charges.
TS Gundersen faces new charges of kidnapping, possessing a machine gun
Gundersen's wife, one of the alleged victims in the case, was in court with her attorney. Gallegos asked the judge to order her return to court Monday, stating she may be a hostile witness.
”We clearly expect her to be a hostile witness,” Gallegos said after leaving court. “Her interests now are hostile -- not in the sense of swinging -- but hostile to the case.”
Feeney made the order, and Gallegos said he expects the alleged victim to be on the witness stand for several hours Monday.
TS Blue Lake changed policy to allow Gundersen, wife to work together
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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Gallegos might want to brush up on ccp 1219-- a rape victim cannot be punished for refusing a subpoena, and the judge's order is just another form of subpoena. He cannot make her testify for him, and Clanton would be an idiot to put her on, because then the prosecutor can get in any prior statements she may have made.
ReplyDeleteAnd before anyone says anything ignorant, there is no marital privilege when one spouse commits a crime against the other.
and the show goes on ............
ReplyDelete"Unlike the victims of other crimes, the victim of a sexual assault may refuse to testify without risking penalty. Pursuant to Code of Civil Procedure section 1219, subdivision (b), 'no court may imprison or otherwise confine or place in custody the victim of a sexual assault for contempt when the contempt consists of refusing to testify concerning that sexual assault.' In the absence of other admissible evidence of the crime, the district attorney may decide to forgo prosecution if the victim of a sexual assault is unwilling to testify."
ReplyDeletePeople v. Gwillim, 223 Cal. App. 3d 1254
In the discussion at Humboldt Herald - Tad brings up Yvonne Phillips - RACIST ATTACK BY BLUE LAKE POLICE - On May 16th, 2005, the Blue Lake police, including chief Gundersen, launched a racially motivated attack on a homeless mother and her children. The woman was shot with a taser electro-shock gun, forcibly medicated with the dangerous pharmaceutical Haldol, allegedly abused sexually while unconscious, and taken to jail. She was told by police chief Gundersen that she was not allowed in Blue Lake due to her race.
ReplyDelete“Do you know what it feels like to fight for your life and kids lives and in a flash it’s taken from you for no reason, No reason at all?”
- from the diary of Yvonne Phillips, memo log of arrest.
Full account printed in the Humboldt Advocate, August 24-30, 2005, pg. 8
Anybody remember that story or have an additional information?
A Heckler & Koch MP5 is not a machine gun though, what is Gallegos playing at?
ReplyDeleteSubmachine Gun
Not only that, you see the MP5 as the first picture and is quoted "The MP5 is a third-generation submachine gun that is widely used by law enforcement tactical teams and military forces."
MP5 (Note the MP stands for Maschinenpistole, not Machine Gun)
Guess the DA better go after all these people too:
MK MP5 Video
Oh wait, they are legal anyway....
Yeah I remember that story, and her dis-barred boyfriend/husband backing her up.
ReplyDeleteBy legal definition (penal code) an MP5 is a machinegun.
ReplyDelete"Submachinegun's" shoot a pistol cartidge". Legally there is little distiction between a .50 caliber beltfed machinegun and a magazine fed submachinegun.
you're spliting hairs, but hey what the ...........
The submachinegun with a silencer is interesting.
Gallegos has nothing but contempt for women.
ReplyDeleteHe has routinely dismissed rape charges even when the victim was willing to testify. Reduced them to nothing.
Now he has identified Mrs.Gunderson as the "victim." Which I believe is against the law and he has said the following:
"She was also subpoenaed for the preliminary hearing scheduled for Monday. If she does not testify, she will be held in contempt of court, Gallegos said. “You have the power to not testify, but you don’t have the right.”
First, he isn't the judge and can't hold anyone in contempt. Thank god, the judge will know the law and follow it since ccp 1219 won't allow an alleged victim of sexual assault to be held in contempt.
But Gallegos doesn't give a damn, because identifying her and intimidating her is right up his alley. He loves to intimidate. I think that the ladies at HSU ought to picket him for his contempt for womens rights.
I thought it was against the law for the DA to out a sex crimes victim.
ReplyDeleteYes AnonRmous - it is, but that didn't stop him did it. And just because he didn't call her by name is not gonna help him. He identified her as the wife of Gunderson and everyone knows who that is.
ReplyDeleteCollateral damage is all she is to him.
He's pissed, and he's embarassed, and when he gets that way he gets ugly, mean, vindictive. He has a hell of a nerve addressing a victim that way, threatening to punish her (as though he was already a judge, now we can see how scary that idea is) for asserting her rights. Very nice, very progressive.
ReplyDeleteI hope the press is there to get a picture of his face when he has pie all over it.
ReplyDeleteAnonymous said...
ReplyDeleteGallegos has nothing but contempt for women.
I think HIS woman is hot - any one care to coment on Jonie Pau's wife? I alwasy think she is really cute. But what do I know ...