Chief Douglas appealing insurance carrier's decision

***URGENT UPDATE/ALERT! This case was TOSSED by the Judge - never made it to trial,
☛ ER http://eurekareporter.com/article/080826-judge-throws-out-douglas-zanotti-case
Feeney said the indictments the grand jury handed down to Douglas and Zanotti in December 2007 weren’t supported by probable cause. Insufficient evidence regarding the former leaders’ alleged failure to oversee other law enforcement was also presented to the grand jury, Feeney said, and instructions given on “exigent circumstances” were inadequate.
The grand jury should have also been instructed on justifiable homicide by law enforcement officials, Feeney said.***

Douglas appeals denial of defense coverage

Former Eureka Police Chief David Douglas will argue his case today appealing an insurance carrier's decision to deny him legal defense coverage against the involuntary manslaughter charges he faces stemming from the 2006 police shooting death of Cheri Lyn Moore -- a decision that has cost the city of Eureka $75,000 and counting...

...The Peace Officers Research Association of California Legal Defense Fund (PORAC LDF), which had covered Douglas throughout his entire career, denied the former chief's request for defense coverage against the charges back in April, saying Douglas' membership was terminated April 13, 2006 -- the day before the shooting.

In an April 3, 2008, letter, PORAC LDF informed Douglas it was denying him coverage, saying that when he resumed his position as police chief in January 2006 he did so on a contract basis and was no longer a full-time employee. Because of that status, the letter states Douglas' member organization, the Eureka Police Officers Association (EPOA), terminated his coverage.

In a May 28, 2008, letter appealing PORAC LDF's decision, Douglas, his attorney Bill Bragg and City Attorney Sheryl Schaffner argue that Douglas was in fact a full-time employee throughout his tenure as police chief. The only difference when Douglas returned to the position in 2006, they contend, was that he was no longer a salaried employee, but was working full time on an hourly basis.

Further, they argue the city of Eureka has not received or found any documentation verifying that EPOA canceled Douglas' membership. Schaffner also said that at no point did PORAC LDF contact Douglas, the city or the police department to notify them of the cancellation.

”If indeed someone from the chief's association did call in a termination of the chief's membership, that call was erroneous and unauthorized,” the letter states. “Chief Douglas was an eligible, dues-paying member of (PORAC LDF) at the time of the incident in question. Any actions that may have been taken by his association contrary to that eligibility were not the chief's action, were in error, and should be disregarded or corrected.”

Today, Douglas and Schaffner will appear before the PORAC LDF Board of Trustees to argue their appeal, the outcome of which could have major ramifications to Eureka.

Because Douglas was denied coverage, the Eureka City Council voted to pony up $75,000 for the former chief's legal defense, with several councilmembers saying they felt obligated to provide the former chief with a legal defense. That money has been spent, Schaffner said, and the case hasn't even approached trial yet.

The city also set up a defense fund for Douglas, which as of July 14 had fielded more than $26,000 in donations that mostly came from law enforcement agencies and advocacy groups throughout the state. But, the combined total of $100,000 is expected to be just a drop in the bucket, as some have estimated it could cost in the neighborhood of $1 million to defend Douglas if the case goes to trial. And, with a cash-strapped general fund, it's unclear how far Eureka can go in funding Douglas' defense.

Schaffner said Thursday she is cautiously optimistic about Douglas' appeal.