watchpaul: Gundersen faces new charge

Friday, November 21, 2008

Gundersen faces new charge - UPDATED 2X

☛ TS Gundersen faces new charge
The Humboldt County District Attorney's Office filed a new criminal complaint against former Blue Lake Police Chief David Ray Gundersen on Thursday, alleging one felony count of theft by a public official.

”The new charge arises from alleged misconduct, also involving firearms, uncovered in an investigation by the Trinidad Police Department,” Assistant District Attorney Wes Keat wrote in an e-mail to the Times-Standard.

Gundersen was acquitted of two dozen spousal rape charges in September, but convicted on 11 lesser counts of battery, a count of violating a court order and two felony charges of illegally possessing a submachine gun and a pistol with a silencer.

He is due to be sentenced on those convictions at a hearing today, when a judge is also expected to hear oral arguments over a defense motion seeking a retrial and the dismissal of some of the convictions. Keat said Gundersen will also be arraigned on the new charge during today's court appearance.

Rather than follow Trinidad's charging recommendations, the DA's Office opted to instead charge a sole felony grand theft count for all the Trinidad firearms involved in the alleged Cinema Weaponry trade. The evidence tampering charges weren't pursued, likely due to the statute of limitations for misdemeanor charges.

If convicted on the felony grand theft charge, Gundersen would face a maximum of three years in prison.

On the issue of his prior case, his attorney Clanton filed a motion on Nov. 12 alleging that jury errors, insufficient evidence, issues with statutes of limitations and improper argument and questioning by District Attorney Paul Gallegos resulted in prejudiced jury verdicts that should be thrown out or, at least, retried.

In a four-page response, Keat argues that the verdicts are supported by evidence and that Clanton's statute of limitations argument is ill timed, and should have come during jury instructions.

”The defendant's motion is without merit,” Keat concludes in the filed response....

...Gallegos is currently out of the office for the week, but Keat said the DA's Office will be prepared to have Gundersen arraigned today, and will argue that his convictions should stand....

UPDATE:
◼ Grand theft charge dismissed against former Blue Lake police chief

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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1 comment:

Anonymous11/24/2008 6:34 AM
If only Gag's went after the pot growers and carjackers like he did Gunderson.

Something like blood from a turnip?

Gunderson lost his job, his retirement, any self esteem he may have had, any savings he may have had, he is now a convicted felon. Seems like overkill.
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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.

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Friday, November 21, 2008

Gundersen faces new charge - UPDATED 2X

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