For his part, 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. ☛ TS Gundersen's battery convictions may come under fire
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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As I commented in the TS story, PVG is just wrong (PC 802), there are some specifically enumerated crimes for which that is true but battery is not among them; secondly, even if that were true, LE was presumably aware of the crimes because the victim was LE. b The rest of the story is some fairly technical stuff, without knowing more about the record it is hard to say what happened and what the fallout might be. But it seems to me that if the jury was not instructed that the lessers which occurred over a year prior to the filing of the felony complant were time-barred then that may be prejudicial error, I'd have to look at the annotated on POC 805. The fact that the jury did convict on otherwise time-barred stuff may indicate that they were not instructed that those lessers were out of time. Either way it's a big can of ineffective assistance of counsel as an issue on appeal. If Clanton did not object or request certain instructions when he should have then that may be IAC.
ReplyDeleteHe's not just wrong, he's monumentally, completely
ReplyDeletewrong. Is there anything he knows about the law?
The discovery rule applies to certain fraud cases, and
certain sex cases, (not at issue here) and that's it. No way it applies
to misdo battery charges. But as noted elsewhere,
with Clanton on the other side, it was dumb duelling
dumber.
With Gallegos and Clanton it is not just "dumb and dumber," both are astronomically stupid - I mean off the charts.
ReplyDeleteI damn near blew a gut laughing at the idiots comment that the statute of limitations doesn't start to run until LE finds out about the crime. This is monumentally stupid. But, its to be expected from a bad lawyer who could only get a degree from an unacredited school and who had to hang his own shingle out in private practice because no one would hire him.
And now we are paying him about 160thousand per year to go on vacation 6 months out of the year and the other 6 months he totally bungles everything he touches.
Have you read the comments at TS?
ReplyDelete"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." So let me get this right, lets say I committed a traffic misdemeanor 30 years ago, but the local cops just find out about it when an angry spouse complains, Gallegos thinks I can be prosecuted despite the statute of limitations? What law school did he go to, the same place you can get a Universal Life minister's license? To quote Bugs: "What a maroon."
He "believes?" He's was elected to KNOW the law re: the statute of limitations.
http://www.topix.net/forum/source/eureka-times-standard/TUD16RFELBAH9R7S3/p2#lastPost
He just keeps F'ing up and looking like a bafoon.
ReplyDeleteTime for another vacation to Mexico.
If you wonder why Gag's is doing all this crazy S*&^, just watch the 6 minute video on Measure T !
ReplyDelete