Gundersen files motion to toss convictions - 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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☛ TS Gundersen files motion to toss convictions
Former Blue Lake Police Chief David Gundersen's attorney filed a motion Wednesday challenging 13 of his client's 14 convictions.

The seven-page motion alleges 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.

Gundersen was arrested in February and stood trial on 28 charges, including two dozen counts of spousal rape with the use of an intoxicant, as well as charges of attempting to dissuade the victim of a crime, violating a court order and illegally possessing both a submachine gun and a pistol with a silencer.

After spending six weeks in court, a jury of five men and seven women acquitted Gundersen of the spousal rape charges, but returned guilty verdicts on 11 lesser charges of battery relating to nude photos Gundersen took of his wife, Darcie Seal, allegedly without her consent. The jury also convicted Gundersen on the two firearms charges.

...The motion filed Wednesday by Gundersen's attorney, Russell Clanton, first takes aim at his clients 11 battery convictions, saying the guilty verdicts were “contrary to both law and evidence.” ☛ TS read the rest

And, then there's this: ☛ TS Trinidad PD recommends theft charges against Gundersen

Trinidad Police Chief Ken Thrailkill said his department turned its investigative report into its former chief, David Ray Gundersen, over to the District Attorney's Office Wednesday, recommending that Gundersen be charged with theft, embezzlement and evidence tampering.

Gundersen is accused of taking firearms from the Trinidad Police Department's evidence locker while acting as police chief between 1997 and 1999, then allegedly trading them and other guns to Southern California's Cinema Weaponry in exchange for a Heckler & Koch MP5 submachine gun and a silencer -- the same weapons Gundersen was just convicted in September of illegally possessing, according to Thrailkill.

”Basically, he took the weapons without authorization from the city or the Police Department of Trinidad,” Thrailkill said. “Nobody had authorized him to, first of all, have those in his possession and, secondly, to trade Trinidad evidence for illegal firearms.”

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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