watchpaul: Two judges become three, Two (or three) charges against Gundersen dismissed

Tuesday, July 15, 2008

Two judges become three, Two (or three) charges against Gundersen dismissed - 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

****

ER Two charges against Gundersen dismissed
The Humboldt County Superior Court (Judge Miles) dismissed two of the 26 counts of spousal rape charged against former Blue Lake Police Chief David Gundersen in a ruling filed Monday.

The court also upheld a ruling from (Judge Feeney) Gundersen’s preliminary hearing that reduced a kidnapping to commit rape charge, with a firearm enhancement, to forcible rape with said enhancement — one of two charges that involve Jane Doe 2.

The ruling came in response to a motion filed by Russell Clanton, Gundersen’s defense attorney, to dismiss all the charges against his client during a hearing on July 9.

News of the ruling came Monday morning at the start of Gundersen’s trial, with two motions awaiting a decision by the new presiding judge, Superior Court Judge W. Bruce Watson, and the expectation that the jury selection process will be a long one....

...Although Clanton thought Miles’ decision was accurate, he believed there were other counts that could have been dismissed.

He said he still has two pending motions for the court to consider: one requesting a change of venue and another asking to try the charges pertaining to Jane Doe 1 and Jane Doe 2 separately.

Due to the expected length of time of the trial, the availability of courtrooms and Superior Court Judge Paul Cissna being disqualified, Watson will now preside over the trial.

The jury selection process, which District Attorney Paul Gallegos said could take three to four weeks, begins this morning.

TS Judge dismisses three charges facing Gundersen

Miles dismissed two of the 26 spousal rape charges as well as the charge of transporting a second victim for the purpose of rape. She left room for District Attorney Paul Gallegos to file a lesser charge, saying evidence presented during Gundersen's preliminary hearing supports a charge of forcible rape with a firearm enhancement.

...If Gallegos files the new charge, Gundersen will face a total of 31 counts: 24 charges of spousal rape with the use of an intoxicant, forcible rape of a second victim, attempting to dissuade a witness, violating a court order, acting unlawfully with department records, possessing a controlled substance without a prescription and possessing a submachine gun and a pistol with a silencer attached....
After reading Miles' decision, Gallegos notified the court of his intent to add the forcible rape charge to his case against the former police chief.

The case was moved to Judge Bruce Watson's courtroom because Miles' courtroom is currently occupied with an ongoing trial. The court suggested having Judge Timothy Cissna hear the case, but Clanton issued a preemptory challenge on the grounds that Cissna is prejudiced against he or his client, leaving the case in Watson's hands.
That means Watson will also be left to rule on two motions filed by Clanton late last month seeking a change of venue and to have the spousal rape charges tried separately from the count concerning a second victim....

Gallegos said he expects jury selection to take around one month

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

****

No comments:

Paul Gallegos

The Humboldt County Grand Jury found that "Weak leadership and poor managerial practices" have undermined the office... Implicit in all evidence gathered by the Grand Jury - including interviews with the D.A. (Paul Gallegos) - is the unfortunate truth that the D.A. (Paul Gallegos) exhibits a limited understanding of how things are done in the department" Gallegos "lacks the global perspective needed to keep the department operating efficiently," and quotes an unnamed staff member as saying, "The D.A. (Paul Gallegos) does not fully understand the functionality of many of the things we do here" - Years later, in his own words: "I’m not an administrator, they didn’t elect me to be an administrator, they elected me to make sure this office runs..."

Douglas & Zanotti

CASE TOSSED The district attorney misrepresented the law and failed to provide evidence of former Eureka Police Chief David Douglas' and Lt. Tony Zanotti's innocence during a criminal grand jury inquiry into the 2006 shooting death of Cheri Lyn Moore, defense attorneys argued in court documents filed Thursday... ”Our judicial system stands as a real and necessary check on the grand jury indictment process,” one of the documents states. “This court has the authority and the means by which to halt this prosecution, which is justified neither by the undisputed facts, nor by the law.”

Gallegos has taken what was "arguably the state's best small DA's office, with a cutting edge CAST program that "trained the trainers"... into a bunch of time serving bureaucratic wannabee brown nosers, lightly sprinkled with a couple of earnest learners who are sure to split as soon as possible.

One weeps for Max Cardoza who won Angellel, and for Maggie Fleming who won so many impossible victories. Mired in Humboldt for personal reasons, they have to suffer the ignominy of working for Paul, with Yougo, yes, yougo who has freed more people as a prosecutor than he did as a defense attorney. As has Paul. Anonymous comment

Gallegos has answers for everything. I’ve never met anyone whose answers came so quickly, with such polish - except about his law school(s). He likely sounded the same way when promising to get prosecutors off their anachronistic “at will” status and onto civil service status. It never happened. Indeed, he told them, “Disloyalty will not be tolerated” – a real morale builder.

He sounds great. What progressive doesn’t want to believe in him? But it’s a myth. He’s an intellectual lightweight and self-aggrandizer who tries to please everybody with glib answers. Jim Fahey for The Arcata Eye

The Humboldt County DA's office is one of the most exciting prosecutorial
offices in California.

Its District Attorney, Paul Gallegos, is willing to charge anyone who commits
wrongdoing--no matter how wealthy, sacrosanct, or ruthless. He believes in total equality before the law. He also plans to be innovative in promoting programs of prevention and treatment. He wants to make it the best prosecutorial office of its size in the nation.... Gallegos' Help Wanted ad

Gallegos' OWN Quotes

★ ...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...

★ "...some people actually molest out of different feelings, some times out of feelings of love....” DA Gallegos explaining why Child Abuse prosecutions were down

★ “I never said that the information was not available under the Freedom of Information Act. Quite the contrary, I informed you that our use of force policy is not a public record.” Paul Gallegos to the Times Standard 5/25/07

★ ...“One is that I do everything to make people happy which means I don’t stand for anything except for just something,” he said. “The other is I stand for something and I try to be a leader and take some people, a group of people, a community someplace and I say guess what folks, this is who I am. I stand for your beliefs. We share these beliefs or we don’t. You get the option to judge that. This is who I am and I am committed to leading us this place, wherever it is...." Eureka Reporter Gallegos defends record, looks ahead 7/3/2005

★ Note the difference between what he SAID, and what he DOES..."...So what are these issues? Top on Gallegos' list is the proliferation of "garbage cases," small-time crimes and overcharged cases that he said are clogging up the court system.

Garbage cases, said Gallegos, come in two forms: Cases that would lose if actually brought to trial and cases that are overcharged for the crimes committed. The idea behind filing both kinds of garbage, he said, is to get the defendant to plead guilty, netting a conviction without having to go into court.

Again, the IRONY is astounding! Look at what he SAYS, and then think about what he DOES! "Probably 95 percent of the cases that are filed plead guilty. In fact, there are a lot of cases that are filed on the assumption they will plead guilty, because of the time and expense involved in defending them. But these cases shouldn't even be filed in the first place, because if they were challenged, they would lose," Gallegos said. Better yet: If they weren't filed at all, it would save the county time and money...." North Coast Journal 2/21/02 Too bad he didn't take his own advice.

★ “Tim’s a stud,” he said. “He really is; anyone would be stoked to have him.” Gallegos on his second in command right hand man Assistant District Attorney Tim Stoen. (Former second in command right hand man to Jim Jones/People's Temple.)

NOTE:

"Helping Crush Progressivism" - ie: exposing the predatory litigious orgs and those who seek power for power's sake.... The original purpose of watchpaul is to post important documents relating to Humboldt County District Attorney Paul Gallegos and his handlers who seek to gain power through the acquisition of political offices. This includes, but is not limited to, the manipulations of "Humboldt Watershed Council," "EPIC," "Baykeeper," and other activist groups - the unregulated orgs. It also includes the master manipulators, such as Richard Salzman and Ken Miller.

Links to key stories and documents are also included in the sidebar, so that you do not have to try to scroll back through what has become a lengthy series of posts. I encourage you to use the Search and Labels features as well.

Pages

Tuesday, July 15, 2008

Two judges become three, Two (or three) charges against Gundersen dismissed - UPDATED

No comments:

Post a Comment