◼ 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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Judge hears motion to dismiss Gundersen charges
Superior Court Judge Marilyn Miles heard arguments for and against dismissing the 33 charges currently facing former Blue Lake Police Chief David Gundersen Wednesday, but held off making a decision on the matter.
Gundersen was arrested Feb. 8, and has since been charged with 33 counts, including 26 counts of spousal rape with the use of an intoxicant, kidnapping or transporting a second victim for the purpose of rape, violating a court order, attempting to dissuade a witness of a crime, acting unlawfully with department records, possessing a controlled substance without a prescription and possessing a submachine gun and a pistol with an attached silencer.
He has pleaded not guilty to all charges, and remains held in the Humboldt County jail on $1.25 million bail.
Clanton argues:
◼ there was not enough probable cause to hold Gundersen over on the spousal rape charges because it is unlikely the sleeping aid that his wife, Jane Doe 1, testified to taking would have prevented her from resisting.
◼ there was no way for Gundersen to know if, and when, she was under the influence of the drug.
◼ that she confronted Gundersen about having nonconsensual sex with her and told him to stop, but he continued.
◼ the charges are vague as to the time and dates that the alleged offenses occurred.
◼ the charge of kidnapping or transporting a second victim for the purpose of committing rape should be dismissed.
◼ the charge of possessing a controlled substance without a prescription should be thrown out because there was a lack of evidence that the substances in question were in the possession of Gundersen.
Or, as the ER puts it: Judge to consider change of venue for Gundersen trial
In the motion to dismiss certain counts, Clanton argued there was insufficient evidence to establish probable cause in the spousal rape charges, the attempting to dissuade a victim charge, the charges of possessing a machine gun and silencer. He also said there’s not enough evidence to move forward with the kidnap to commit rape charge, the violating a court order charge, the being in possession of a controlled substance charge and the charge of acting unlawfully with department records.
Gallegos contends:
◼ that each of the 26 counts of spousal rape Gundersen is charged with are supported by “compelling direct and circumstantial evidence” presented during the preliminary hearing.
◼ that Jane Doe 1 testified that Gundersen had sex with her without her consent while she was under the influence of the sleeping aid Lunesta and/or other drugs and could not resist.
◼ with respect to the charge of possessing a controlled substance without a prescription, Gallegos responded that Judge Feeney found enough probable cause to hold Gundersen to answer on the charge and that Clanton, by law, simply can not override a judge's factual determination.
This week, Gallegos also submitted oppositions to Clanton's motions to change the venue and have some of Gundersen's charges tried separately.
In his opposition to the change of venue, Gallegos argues that the burden of proof is on the moving party and that Clanton simply didn't show a venue change was necessary.
Jury selection is scheduled to start Monday.
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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Why would any sane prosecutor fight a change of venue motion in this matter. He's had more press and more blunders than any other case in the last 20 years.
ReplyDeleteThe DA personally vouched for Gundersons guilt and made sure he released highly sensitive reports to the press.
This is how I see it, if there is not a change of venue and IF the DA can get a conviction, it surely is going to be a huge issue on appeal and will probably get the case reversed.
Who is the toxicology expert pvg is calling to establish that an otc sleeping aid could render a person so comletely unconscious, and at what dosages? it seems unlikely that such a powerful medicine would be on the market long, because if you don't wake up while having sex, you wouldn't wake up if the house was on fire, or a
ReplyDeleteburglar came in, etc etc.
8:25, I believe that earlier accounts in the media specifically named Lunesta as the drug, which is not otc but requires a script. Your point is well taken though even with a presription drug. Even better really, because there are documented accounts of people taking Lunesta and, while unconscious, engaging in tasks such as driving and having sex, while apparently conscious. Indeed, it's on the fricking Lunesta website. I a agog to see how PVG deals with that issue.
ReplyDeleteYou're right, Red. And, Specifically, this was in one of the comments posted on a previous thread - When you're taking Lunesta you have to make sure you have at least 8 hours of sleep. If you wake up before the full eight hours the main side effect is amnesia. along with a more detailed description of how that person felt about taking Lunesta.
ReplyDelete