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

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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

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