Wednesday, April 30, 2008

A statesman

Many stories were told today. By college classmates and lifelong friends. From Cal Poly to Humboldt. Great adventures, love, commitment, and politics.

But the line that stands out is that while many call Roger Rodoni a politician, what he was is a statesman, and there's a difference.

A simple line. But very true.

From the Eureka Reporter: Community gathers to remember Roger Rodoni ...He served three terms on the Humboldt County Board of Supervisors, and was campaigning for re-election.

He was said to directly get to the bottom of things, described by another as a “statesman” and not a politician.

“If all politicians were like Roger we would be so much better off,” Walther said.

The Times Standard reports Standing room only at supervisor's memorial ...Every single folding chair set up in Belotti Hall -- one of the larger venues at the Humboldt County Fairgrounds in Ferndale -- was filled for Rodoni's memorial service Wednesday afternoon. The overflow of those paying their respects lined both sides of the large room and gathered three or four deep along the back wall....

The Journal has devoted an issue to Roger.

We will all miss you, Roger.

Gundersen held to stand trial - UPDATED

TS Blue Lake police chief held for trial
An arraignment on the information has been scheduled for May 12.
ER Gundersen to answer to 19 charges


Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012


Tuesday, April 29, 2008


map source
map source
A moderate earthquake occurred at 8:03:06 PM (PDT) on Tuesday, April 29, 2008. Preliminary report
The magnitude 5.4 event occurred 18 km (11 miles) ESE of Willow Creek, CA. The hypocentral depth is 18 km (11 miles).

Down to 5.2 on subsequent report.

What happens next?

Hank has answers
Eric A correction regarding the upcoming election
Eric The hiatus is over
"heraldo" Rodoni widow seeks appointment
TS Rodoni's wife asks to be appointed to his board seat

An excellent choice.

Rodoni's wife asks to be appointed to his board seat
...In her letter to the governor, Johanna Rodoni makes clear she felt she could not wait to request the appointment.

”I wish there were no need for the writing of this letter, but the tragic and sudden loss of my husband, Humboldt County Supervisor Roger Rodoni, creates this need, and the time frames outlined in the California Codes necessitate that I contact you right away,” Johanna Rodoni wrote.

”Normally,” Johanna Rodoni continued in the letter, “families are left to grieve in their own time and in their own way, but because my husband was in the midst of a campaign, and was a champion for the rights of his constituents, normal protocol must be suspended. I am honored to be in a position to take up where Roger left off in his role of being a strong, 'straight forward' voice on the Board of Supervisors, advocating for individual rights, common sense, honesty, and always keeping in mind the people for whom his position of county supervisor was created.”...

Governor, I hope you are listening.

Thursday, April 24, 2008

Words fail.

Roger Rodoni died Thursday in a car accident leaving his family, friends and community reeling.
Memorial Service
Wednesday, April 30 at 2 p.m.
Belotti Hall, Humboldt County Fairgrounds
in Ferndale, CA

TS Humboldt County Supervisor Roger Rodoni killed in car crash
ER Car crash claims life of Supervisor Roger Rodoni
We loved ya, Roger.
Hank. In Memoriam
Mirror. Roger Rodoni killed
Mirror Rodoni retold
EkoVox. A Rodeo Cowboy's Prayer
Ernie. Roger Rodoni
Carol & Greg. Roger Rodoni killed in car accident
Eric. In case you haven't heard - Roger left us tonight
Eric Ed's thoughts on Roger
Ed Roger Rodoni
Richard. RIP Cowboy
Boy Most Likely.Sending my thoughts and Prayers
Cristina. Roger Rodoni, 1940 – 2008
Fred Roger
Joel Untitled
"heraldo" Supervisor Rodoni killed in car accident
"heraldo" Election status
"heraldo" Gov to appoint Rodoni replacement
Andrew Rest in peace, Mr. Rodoni
ER Coroner: Rodoni died from blunt force head injuries
TS Rodoni dies in 101 crash
TS Influential politician also was a philosophical rancher and artist
TS Thompson issues statement on death of Rodoni
TS Tears, memories and an empty chair
ER Supervisors, friends mourn loss of Rodoni
ER Roger Rodoni, RIP
TS Governor will name replacement supervisor
TS According to Roger: Humboldt County's most quotable public figure, in his own words
TS He was Humboldt to his soul
Carol and Greg Rodoni Services Wednesday
ER Roger Rodoni: The mark of a man
SF Chronicle Humboldt County supervisor killed in car accident
KCRA Humboldt County Supervisor Killed In Wreck
The Governor Gov. Schwarzenegger Issues Statement
TS Rodoni's wife asks to be appointed to his board seat
Eric The hiatus is over
"heraldo" Rodoni widow seeks appointment
NCJ The Journal has devoted an issue to Roger.
Roger Rodoni's Obituary
ER Community gathers to remember Roger Rodoni
TS Standing room only at supervisor's memorial

ER Cattle industry lost a friend in Roger Rodoni
ER Rodoni’s death shows a need to emphasize safe roads, communities
ER Mike Thompson remembers Roger Rodoni
ER County will miss Rodoni; statesman, voice, friend

TS Walking a timeworn path to office
TS Johanna Rodoni appointed to finish husband's term
ER Governor appoints Johanna Rodoni to supervisor seat
Hank Schwarzenegger Appoints Johanna Rodoni
Jack BREAKING NEWS: Johanna Rodoni appointed to fill 2nd District seat

...Over State Office Building Number 1, across from the State Library and just west of the Capitol, inscribed in granite is the saying from a Samuel Foss poem “Bring Me Men To Match The Mountains” ...To me, Roger was of one of those of whom Samuel Foss spoke...
....Eel River Ernie in remembrance on (the other) Ernie Branscomb's Blog.
Mirror Something new to argue about
Eric SoHum Parlance: Johanna was appointed
heraldo Gov appoints Johanna Rodoni
TS Campaign urging votes for Rodoni
From the TS editorial:
The Schizophrenic Second
North Coast Journal Blogthing —
ER Rodoni sworn in amid standing ovation
TS Johanna Rodoni sworn in before appreciative audience
JN All The Pieces - The candidates for Humboldt County Supervisor on jobs, land use, law enforcement and trails
ER Candidate contributions update
A measure of courage

from Ukiah

UDJ UHS teacher arrested after marijuana raid
A tip from a neighbor led to the discovery by Ukiah Police Department officers of a 150-plant commercial marijuana growing operation in a facility leased by a Ukiah High School teacher, according to police reports. Ukiah police officers raided the grow rooms at around 3:30 p.m. Monday at a storage facility in the 700 block of North State Street. Police said more arrests may follow.

Chris Dewey, UPD chief, said a search warrant was obtained by officers for the storage facility after a nearby resident called and filed a complaint about the smell.

Dewey said the investigation led to the arrest of UHS teacher Jeff Duane Burrell, of Calpella.

When officers arrived on scene only a series of dim green lights were illuminated in the grow rooms. UPD Capt. Justin Wyatt said the reason the high-voltage, high-heat grow lights situated directly above the plants were off at the time of the raid was because they had been set by a series of timers that were attached the operation's homemade electrical system.

"They do their best to duplicate the growing cycle," he said, motioning towards the fixtures above. "I think right now this is supposed to simulate night."

In the small space between the two doors was an automated trimming appliance called a TrimPro which officers said utilized a series of whirling blades to clip leaves away from the buds. The device was named Best Trimming Product in 2005 by "High Times."

Dewey said the loose wiring and high voltage involved was the most dangerous part of the operation.

"This is typical of illegal growing operations," he said. "The amount of electricity being used didn't fit the building. They were using four to five times as many kilowatt hours as the average household. This is just an accident waiting to happen."

PD Ukiah teacher faces pot charges

...Burrell and Laino's arrests are the latest in a string of high-profile marijuana cases that local authorities say underscore how pervasive pot growing has become in the county.

In January, a veteran Ukiah fire captain was arrested at her home for marijuana cultivation, along with her son and another man. Sheriff deputies last November seized 39 pounds of dried pot from the Redwood Valley home of the former budget and finance officer in the county's District Attorney's Office.

A 7-hour coerced statement - 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 Jane Doe “felt coerced” into making statements
Testimony during David Gundersen’s preliminary hearing Wednesday revealed a different view on evidence that led to his arrest for spousal rape.

“Jane Doe 1” testified that she “felt coerced” by officials working in the Humboldt County Sheriff’s Office into making a statement about non-consensual sex with Gundersen.

Jane 1 testified that she never filled out a report with the HCSO about the non-consensual sex, and felt “lured” by the HSCO to talk about it.

She said it was never her intention to have Gundersen prosecuted and the only reason she is testifying is because she is under subpoena by the District Attorney’s Office.

The meeting turned into a seven-hour interview with three officials from HCSO, she said, including Lt. Dave Morey, where Doe 1 testified they wanted to talk about the non-consensual sex, and that she felt coerced to do so.

Doe 1 also brought up Margaret Gundersen, David Gundersen’s former wife, who also works at the HCSO.

She felt Margaret Gundersen orchestrated the interview because of a custody battle she was engaged in with David Gundersen, and wanted the interview to end.

“I wasn’t comfortable,” Doe 1 said. “I wasn’t OK with it.”

For more: ER Gundersen's hearing transcripts

TS Key witness in Gundersen case says testimony coerced
”I believe that there was a plan and I was part of it,” Jane Doe 1 said during cross examination by defense attorney Russell Clanton.

She claimed the investigators grilled her for about seven hours -- not letting her leave to take medication or smoke a cigarette -- and coerced her statements that Gundersen repeatedly raped her while she was under the influence of the sleeping aid Lunesta.

At some point, Jane Doe 1 testified, she asked for Gundersen's ex-wife, employed by the sheriff's office, to come into the room in hopes she would stop the examination. But she also testified that Gundersen's ex-wife had always hated him, and because of that had orchestrated the surprise interview.

TS Experts: Little impact from coercion charges in Gundersen case
University of California Hastings professor of law David Levine said the situations surrounding Doe's interview sound unusual, but likely don't cross the line into coercion. For the interview to have truly violated Doe's rights, Levine said, investigators would have had to deprive her of basic necessities like food, water, access to a bathroom or necessary medication.

ER Doe 1: ‘I don’t think I would have ever come forward’ 4/24/08
At the end of Wednesday’s session, Doe 1 made it clear that it was never her intention to press charges on Gundersen. She also said she “felt coerced” by the several people at Humboldt County Sheriff’s Office to make statements she would otherwise not have made during a seven-hour interview.


Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012


Assault Teams and Code Enforcement?

The DA who plans to use his ASSET FORFEITURE FUNDS to buy semiautomatic weapons (AR-15s) and outfit his investigators with assault team gear to go with the weapons now wants the CODE ENFORCEMENT OFFICERS to be under his control?

Isn't that the only conclusion you can reach after reading today's article? At first it looks like he is trying to disassociate from the Code Enforcement guys following the contentious upheaval of the past couple of weeks, but read all the way through...

Remember that? - The controversy stemmed from a number of residents who say that county code enforcers are collaborating with law enforcement and using building code inspections to obtain access to private property and go after marijuana growers.

If Gallegos wants to arm his regular investigators with semi-automatic weapons to go on ASSET FORFEITURE RAIDS, won't the Code Enforcement Team be invaluable? And will they then be armed with AR-15s?

DA rescinds code enforcement officers’ police powers

Humboldt County District Attorney Paul Gallegos said he has rescinded the Code Enforcement Unit officers’ police powers granted under his authority, but county staff said the move doesn’t stick.

The county’s Code Enforcement Unit controversy has been broiling publicly since April 4 when the Civil Liberties Monitoring Project held a town hall meeting in Garberville to hear rural residents’ allegations of excessive police force to remedy building code violations.

While it is not directly in response to that meeting, Gallegos said Wednesday that he doesn’t want the “life-and-death” responsibility to deputize those officers who could shoot someone or may be shot if he has no authority over them.

“To ask me to deputize someone with those responsibilities and to have no oversight over them is wrong,” Gallegos said. “I refuse to participate in that.”

...Interim County Counsel Wendy Chaitin, whose office oversees the Code Enforcement Unit’s two armed officers, said Wednesday that Gallegos’ action isn’t so simple.

She and other county administrators don’t believe the officers’ police powers have been stripped because of Gallegos’ action to rescind his authority.

However, because the DA doesn’t want to participate in the current structure where he deputizes her employees, Chaitin said she voluntarily agreed last week to disarm Code Enforcement officers Jeff Conner and John Desadier while everything is being sorted out.

“We are all in discussions and are working on ways to best structure the unit,” Chaitin said.

Also in agreement that the DA’s action doesn’t rescind the officer’s deputized status is County Administrative Officer Loretta Nickolaus, who said she learned of Gallegos’ announcement in an e-mail circulated Wednesday.

Nickolaus said the DA can’t direct personnel actions for employees not under his control.

That’s not how Gallegos sees it and he said the intent of his action was to remove the Code Enforcement Unit officers’ weapons and badges under his authority, which he said he believes he’s effectively done.

Despite the apparent inter-department conflict, Gallegos said he supports Chaitin, the Code Enforcement Unit and the work they are trying to do, although he might not necessarily support everything they have done.

...Just how the issue will be resolved is uncertain, but Gallegos offered his preference for where the code enforcement officers should end up.

Because the officers are armed and due to the nature of their work, Gallegos said he believes code enforcement might better fall under his direction.

“It’s a natural fit in this office,” Gallegos said.

If they were assigned to work under him as investigators, Gallegos said he would deputize them.

“But as it stands right now, the arrangement isn’t good for anyone,” Gallegos said.....

Just take a look at what he has done to the other programs under his control and you';ll have a pretty good idea what he can do to this one.

Wednesday, April 23, 2008

CA Supreme Court Denies Paul Gallegos' Petition for review & depublication request(s)

Down in flames! Again. NEVER EVEN MADE IT TO TRIAL.
TS High court won't hear Palco case 4/24/08
TS Supreme Court won't reverse Palco case decision
ER District Attorney Paul Gallegos' fraud lawsuit halted by California Supreme Court

Docket (Register of Actions) PEOPLE EX REL. GALLEGOS v. PACIFIC LUMBER Case Number S161003

04/23/2008 - Petition for review & depublication request(s) denied
02/19/2008 - Petition for review filed
.....The People, appellants by Christa K. McKimmy, Deputy District Attorney
02/19/2008 - Request for depublication (petition for review pending)
.....The People, appellant by Paul V. Gallegos, District Attorney
02/21/2008 - Record requested
02/27/2008 - Received Court of Appeal record
.....file jacket/briefs/loose papers/one box
02/27/2008- Opposition filed
.....The Pacific Lumber Company, et al., respondents to request for depublication filed by appellant by Edgar B. Washburn, counsel
03/06/2008 - Request for depublication filed (another request pending)
.....Office of the Attorney General Deputy Attorney General Daniel A. Olivas
03/06/2008 - Request for depublication filed (another request pending)
.....City and County of San Francisco by Danny Chou, Chief of Complex and Special Litigation, Office of the City Attorney
03/10/2008 - Answer to petition for review filed
.....The Pacific Lumber company, Scotia Pacific Company LLC, and Salmon CreekLLC, respondents by Edgar B. Washburn, Morrison & Foerster LLP, counsel
03/12/2008 - Opposition filed to Depub request by Respondents
.....The Pacific Lumber company et al, to California Attorney General's request by Edgar B. Washburn, Morrison Foerster, counsel
04/15/2008 - Time extended to grant or deny review
.....The time for granting or denying review in the above-entitled matter is hereby extended to and including May 19, 2008, or the date upon which review is either granted or denied.
04/23/2008 - Petition for review & depublication request(s) denied George, C.J., was absent and did not participate.

Poor Ken Miller. Poor It ain't over until it's over - Ken Miller. Ya know, Ken - it is finally over.

Today's coverage - Douglas and Zanotti

***URGENT UPDATE/ALERT! This case was TOSSED by the Judge - never made it to trial,
☛ ER
Feeney said the indictments the grand jury handed down to Douglas and Zanotti in December 2007 weren’t supported by probable cause. Insufficient evidence regarding the former leaders’ alleged failure to oversee other law enforcement was also presented to the grand jury, Feeney said, and instructions given on “exigent circumstances” were inadequate.
The grand jury should have also been instructed on justifiable homicide by law enforcement officials, Feeney said.

TS Commanding officers plead not guilty
EUREKA -- Former Eureka Police Chief David Douglas and Lt. Tony Zanotti pleaded not guilty Tuesday in Humboldt County Superior Court to charges of involuntary manslaughter stemming from their decision-making roles in the 2006 police shooting death of Cheri Lyn Moore.

The two defendants were indicted Dec. 3, 2007, by a criminal grand jury, more than a year and a half after Moore's death.

While entering the pleas, attorneys for Zanotti and Douglas said the defendants waived their right to a speedy trial but retained the right to file motions to dismiss the case and demurrers on the indictments, which Douglas' attorney Bill Bragg later said would have to specifically target the indictments' wording as being ambiguous or invalid.

Superior Court Judge John Feeney scheduled a status-review hearing on the case for Aug. 26, but said he expected to see it return to his chambers before then on potential motions.

ER Officers plead not guilty in Moore death
Defense lawyers also asked the court to release exhibits it held from the grand jury, including questions written by jurors.

Judge John T. Feeney approved the request and said they should be ready by next Tuesday at the latest.

Another topic discussed at the arraignment was a request by the Eureka Times-Standard for evidence exhibits introduced by the Humboldt County District Attorney’s Office.

Feeney said the exhibits, including those to be provided by the court relating to the grand jury, would be placed in the public record.

Related coverage Links to articles, letters and Op-Eds

Today's coverage - 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


Aside from what was reported yesterday - questions about immunity
ER Both “Jane Does” testify, immunity deals criticized
Immunity is usually granted so people don’t incriminate themselves, said University of San Francisco Law Professor Robert Talbot.

In this case, Doe 2 pleaded the Fifth Amendment and received an immunity deal.

Doe 1, however, was offered an immunity deal when being interviewed by investigators from his office, not for being on the stand, Gallegos said after the hearing.

If Doe 1 pleads the Fifth, immunity could be offered to her, he said.

TS Defense questions alleged rape victim
When Jane Doe 1 took the stand, she testified that she would not have appeared without having been subpoenaed. She testified that she was hired by former Blue Lake Chief Floyd Stokes, and became romantically involved with Gundersen while on the police force in 2001. They married in 2005, she said.

Jane Doe 1 said that she had been looking for photographs that might have been taken without her consent before she talked to law enforcement about something Gundersen had been doing to her “that was not all right.”

She said she later learned that some photos had been discovered on a computer hard drive owned by Gundersen, which had been seized during a warrant search on his McKinleyville home in February.

Clanton objected to the line of questioning, saying it appeared its purpose was meant to smear Gundersen's character.

Gallegos argued that the photos offer circumstantial evidence to corroborate Jane Doe 2's claims that she was raped under the influence of a controlled substance.


Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012


Tuesday, April 22, 2008

Douglas, Zanotti enter not guilty pleas

***URGENT UPDATE/ALERT! This case was TOSSED by the Judge - never made it to trial,
☛ ER
Feeney said the indictments the grand jury handed down to Douglas and Zanotti in December 2007 weren’t supported by probable cause. Insufficient evidence regarding the former leaders’ alleged failure to oversee other law enforcement was also presented to the grand jury, Feeney said, and instructions given on “exigent circumstances” were inadequate.
The grand jury should have also been instructed on justifiable homicide by law enforcement officials, Feeney said.

update in TS, more tomorrow Former Eureka Police Chief David Douglas and Lt. Tony Zanotti pleaded not guilty this afternoon in Superior Court to charges of involuntary manslaughter.

Related coverage Links to articles, letters and Op-Eds

Wha-? Why?

TS Redway man flees, drowns in river
WEOTT -- A traffic stop turned fatal Sunday afternoon after a Redway man reportedly ran from a Humboldt County Sheriff's deputy, jumped over a 60-foot embankment and drowned in the Eel River. ...The man was identified as Andrew Jackson Gressett, 24... At about 12:10 p.m. Sunday, a Sheriff's deputy pulled over the man on Avenue of the Giants north of Weott.

”After initially failing to yield, the driver of the vehicle pulled to the side of the road and jumped over a 60-foot embankment toward the river,” the Sheriff's news release stated.

ER - Gressett had two outstanding warrants out for his arrest, HCSO spokesperson Brenda Godsey said....

The passenger, 21-year-old Kelly Elizabeth Stradinger, of Redway, was eventually arrested, the HCSO said. She reportedly continued to fail to comply with the deputy's instructions and kicked him several times while her dog bit him in the leg. Stradinger was arrested for resisting/obstructing a peace officer and misdemeanor possession of marijuana...

More on yesterday's hearing - 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


From today's ER ...Clanton requested a continuance based on having received more evidence from the Humboldt County District Attorney’s Office the day before...

...District Attorney Paul Gallegos argued against the continuance on the grounds that the additional evidence shouldn’t significantly increase the workload for the defense...

...After the recess, Reinholtsen said his presiding over the hearing might present a conflict of interest, since his brother is a member of the law firm representing Jane Doe No. 1....

...After moving to another courtroom presided over by Judge John T. Feeney, Gallegos called Jane Doe No. 2 to the stand....

,,,Although Jane Doe No. 2 couldn’t remember the date that it occurred, she testified that at some point she and Gundersen started dating and eventually moved in together.

In March 1999, she testified, Gundersen forced her to have sex after an argument in their McKinleyville home about his marital status....

...She said she reported the incident to the Eureka Police Department because she feared the Humboldt County Sheriff’s Office would do nothing – Gundersen’s ex-wife worked there at the time....

...Toward the end of the hearing, Clanton asked Jane Doe No. 2 whether she made any arrests with Gundersen when she worked at the TPD. Jane Doe No. 2 pleaded the Fifth Amendment, which is invoked when someone doesn’t want to incriminate themselves.

After Feeney said he would appoint a public defender for Jane Doe No. 2, Gallegos offered her immunity for anything she might say on the stand and said he would bring paperwork to today’s hearing.

“That should enable her to testify,” he said.

After the proceeding, Gallegos said he didn’t know she was going to plead the Fifth, but added that it wasn’t unusual.... Read the rest

The ER also has a log of the testimony. Read it here

TS 'Jane Doe 2' tells court of rape by Blue Lake chief
TS EPD reportedly didn't follow up on 1999 rape report


Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012


Monday, April 21, 2008

Gundersen alleged rape victim testifies in hearing - 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


EUREKA -- District Attorney Paul Gallegos called an alleged rape victim to the stand in his case against Blue Lake Police Chief David Gundersen today, asking her to reconstruct the alleged gun-point assault during the late 1990s.

The alleged victim, Jane Doe 2, testified at a preliminary hearing in Superior Court that she and Gundersen were living together in McKinleyville and planning to get married when she found out he was still legally wedded to his now-ex wife. While they were arguing about it, she said, he grabbed her, pushed her into a back bedroom and attacked her, tearing her clothes. He then raped her, she said.

At one point Gundersen put his gun on the pillow or bedside table, which she saw as a threat...
TS breaking news link The hearing is scheduled to continue on Tuesday.

It was earlier reported that The amended complaint alleges Gundersen did willfully “kidnap or carry away” a second victim for the purpose of committing forcible rape in March 1999, and that the alleged crime was committed with the use of a firearm.
A comment in the thread below notes: Movement from one part of the house to another is not kidnapping. Please read below.

§ 207. Kidnapping defined: (a) Every person who forcibly, or by any other means of instilling fear, steals or takes, or holds, detains, or arrests any person in this state, and carries the person into another country, state, or county, or into another part of the same county, is guilty of kidnapping.

Movement across a room or from one room to another cannot reasonably be found to be asportation "into another part of the same county" within the meaning of Pen Code, § 207, defining kidnaping, and when in the course of a robbery, the robber does no more than move his victim around inside a residence, place of business or other inclosure, his conduct will generally not be deemed to constitute the offense of aggravated kidnaping as proscribed by Pen Code, § 209. People v. Daniels (1969) 71 Cal 2d 1119, 80 Cal Rptr 897, 459 P2d 225, 1969 Cal LEXIS 307, 43 ALR3d 677.

209(b) states:

(1) Any person who kidnaps or carries away any individual to commit robbery, rape, spousal rape, oral copulation, sodomy, or any violation of Section 264.1, 288, or 289, shall be punished by imprisonment in the state prison for life with the possibility of parole.

(2) This subdivision shall only apply if the movement of the victim is beyond that merely incidental to the commission of, and increases the risk of harm to the victim over and above that necessarily present in, the intended underlying offense.


Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012


Did you feel it?

3.7 quake. According to the Times-Standard - It occurred almost directly under Eureka,It occurred almost directly under Eureka, according to the U.S. Geological Survey website, at a depth of 13 miles.

Heraldo's 420 post

has one of the funniest videos to date. Don't miss it. What happens if participants in a business meeting behave like Internet commenters? A funny (because it’s true) video clip.

Here's the link. It's very glitchy, at least on my computer. But funny.

Saturday, April 19, 2008

CAST Open House

ER Working for justice
CAST, the Child Abuse Services Team, of Eureka held its open house Friday afternoon to allow community members and city officials to tour the facility and meet with the various employees that form the organization that is CAST.

Several county and state agencies participate in the investigations that the members of CAST facilitate including employees from the County of Humboldt Department of Health and Human Services, the Rape Crisis and Sexual Assault Response Teams, and the District Attorney’s office.

TS Team's mission: Ease young victims' trauma
Since its inception locally in 1996, CAST has interviewed 1,967 children -- an average of 16 a month. A total of 487 convictions for physical or sexual abuse of children have resulted.

Thursday, April 17, 2008

This week's Journal

The Notebook of Alternate Juror No. 4
What it's like to sit in judgment of an alleged child molester

...First up was the slightly rumpled, graying Deputy DA Arnie Klein, a recent transplant from Los Angeles, who kept peering at us over his bifocals. He told us of the victims, "Boys will be boys." We would learn that apparently the two accusers, those young rascals, may have been involved in a series of 911 prank calls that tied the county's emergency system in knots for weeks in early 2007, but they weren't on trial for that. And they were being raised by their grandmother because the mother had some major drug issues and had lost custody of her sons a couple of times, once for sharing her marijuana with them on their eighth birthday. But the mother wasn't on trial either. The defendant, we were told, is the one on trial for a number of alleged crimes, including possession of pornography involving children, and, after a long period of time befriending the boys, repeated molestation.

Road map No. 2 was presented by the defense attorney, Glenn Brown. He told us his client, the defendant, age 23, was an Eagle Scout and assistant leader of his Boy Scout Troop who, yes, befriended many neighborhood boys — and girls — in the trailer park where they all lived, teaching them computer skills, handing out keys to his shed adjacent to the trailer he lived in so they could use his computer to play games when he wasn't around. He was especially close to the two boys, twins. He was a father substitute even, taking them camping, helping with their homework and getting them involved in scouting. Why? Because he, too, had a drug-addled mother, an absent father, and was raised by his grandmother....

Related post
Related articles:
Verdict reached in Davis’ child molestation case
Gag order requested in child molestation case 4/13/07

Another admission, another mistake

District Attorney Paul Gallegos said some of the children’s testimony regarding the charges of oral copulation were contradictory, and that he thinks the transcripts from the victims’ interviews may be inaccurate.

“The fault is on my shoulders,” he said, adding that the DA’s office recently switched to a different interview transcribing company that charged a less-expensive rate.

And though the oral copulation charges were reduced to charges of lewd and lascivious acts, the sentencing range for both are the same — three, six or eight years in prison.

“It really has no impact on what his prison sentence is likely to be,” Gallegos said.
Read the rest: ER Molestation charges reduced

TS Alleged child molestation case takes hit

Humboldt County Superior Court Judge Marilyn Miles held up charges of lewd behavior with a minor against accused child molester Andrew Belant Wednesday, but told the district attorney that the evidence didn't support felony charges of sexual assault on the dates outlined in the complaint.
Read the rest: TS Alleged child molestation case takes hit

Last month it was the admission that an alleged rape victim's confidential information had been released to the media and the public.

Wednesday, April 16, 2008

Another big pot bust

Huge bust nets 137 pounds of bud

Acting on information from the Illinois State Drug Task Force, local drug enforcement agents on Tuesday arrested two men in the tiny hamlet of Honeydew for allegedly conspiring to distribute marijuana.

More than a dozen agents with the Humboldt County Drug Task Force, the sheriff's office and the Illinois Drug Task Force served a warrant on Applewood Road and arrested Christopher Cramer and Leland Bauer without incident. Cramer was arrested on federal charges of conspiracy to distribute marijuana, and Bauer was booked on misdemeanor warrants, and will be indicted for an alleged conspiracy to distribute marijuana.

The officers allegedly found 93 pounds of processed marijuana bud in the residence, another 40 pounds in Cramer's pick-up and 4 pounds in Bauer's car. They also seized a Glock .40 caliber handgun, a .30-.30 caliber rifle and two shotguns.

No pot growing operation was taking place currently at the large greenhouse on the property, the Humboldt County Drug Task Force said.

Cramer lives at the residence, the task force said, and Bauer was visiting. The task force said that there is an indication that at least some of the marijuana was destined for Illinois. TS breaking news

ER Agents find 137 pounds of pot

Tuesday, April 15, 2008

Horses on the beach

photos by/and courtesy of Angela Burgess
Dennis Mayo, beside a sign that closes an area he had enjoyed riding on for 50 years. Little River State Beach, right there by Moonstone Beach. This is near the trail that skirts around the backside of Clam/Little River Beach, along the frontage road. Closed for more than 4 years now.
An Equestrian's View - Finding Common Ground

☛ TS Work together to solve equestrian riding restrictions problem An Op-Ed by Uri Driscoll 11/23/08

More in Blue Lake - 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


Blue Lake's remaining officers placed on leave
Blue Lake's two remaining police officers have been placed on paid administrative leave by City Manager Wiley Buck, days after the officers signed a letter of no confidence in the city manager.

Buck confirmed officers Jody Poulnott and Joseph Dominic Gerace were placed on leave Friday, but said the decision had nothing to do with the letter, which Poulnott said was signed by himself, Gerace, Records Supervisor Ruby Seal and Public Works Director Mike Falor.

”Don't tie those together,” Buck said Monday. “They are two separate issues that are unfortunately happening at the same time.”

Buck said the decision to place Poulnott and Gerace on leave was due to the fact that they have been working without a supervisor in the department, which he said opens the city up to liability issues.

BLPD evidence storage facility burgled
The Blue Lake Police Department's evidence storage facility was recently burglarized, but it remains unclear exactly what, if anything, was taken.

Humboldt County Sheriff's Office spokeswoman Brenda Godsey said the department responded to an alarm call from the facility located in the Blue Lake Corp Yard at 2:30 a.m. on March 10.

”We found some pry marks around the door and went and made entry, but we couldn't determine if anything was taken,” Godsey said.

Humboldt County District Attorney's Office Chief Investigator Michael Hislop was called to the scene, Godsey said, as someone who was familiar with the facility because of his office's investigation into a criminal case against Blue Lake Police Chief David Gundersen. Hislop said it didn't appear anything had been taken from the facility.


Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012


Monday, April 14, 2008

2 years and counting

URGENT ALERT! This case was TOSSED by the Judge - never made it to trial.
☛ ER
Feeney said the indictments the grand jury handed down to Douglas and Zanotti in December 2007 weren’t supported by probable cause. Insufficient evidence regarding the former leaders’ alleged failure to oversee other law enforcement was also presented to the grand jury, Feeney said, and instructions given on “exigent circumstances” were inadequate.
The grand jury should have also been instructed on justifiable homicide by law enforcement officials, Feeney said.


previous coverage
No mention in today's papers? Odd.

Sunday, April 13, 2008

How are you going to do that, Estelle?

Candidate Estelle Fennell issued a statement this week alleging that Supervisor Roger Rodoni has watched a job loss “epidemic” during his time in office.... Fennell stated that it is clear to her that the Second District has suffered more than others when it comes to overall timber job losses, which she said she would change if elected.

How are you going to do that, Estelle?

Are you in a position to call off the dogs? Bring back all the mills? All the trucking companies? Timber Yes. Fraud NO. is a nice bumper sticker. It won't fix what has happened here.

Maybe if you could go back in time you could solve the Headwaters deal, stop Earth First! Stop the lawsuits. Stop the Park Expansion. Save the Mills, at least a few.

Too bad you can't. 'Cause then there would be no Ken Miller, no Humboldt Watershed Council shams. No Richard Salzman. No Paul Gallegos. All your buds. They haven't shown that they can fix anything.

SoHum Parlance: Ed Denson's questions for Estelle (or anyone else)

A Sunday World Of Good Post

ht: KT at The Scratching Post

Tree farms and bankruptcy court

Alot has been made of the recent $603 million dollar bid dropped out of the blue by Texas billionaire Andy Beal, whose proposal is being taken seriously in the bankruptcy court.

You do have to laugh, though, when you realize the guy making the bid and claiming he had timberland holdings in Estonia, only has 48 acres...

"...Under questioning, (Jacob) Cherner (representing the business interest of Texas billionaire Andy Beal,) admitted Beal hadn’t performed much analysis on actually running the “tree farm” he intended to purchase, including researching timber harvest levels, timber marketing and securing a timber workforce.

Cherner told the court that Beal did have timberland holdings in the northern European country of Estonia.

According to federal financial 10-K405 forms, that property is 48 acres of timber lands Beal purchased in 1995 for $25,178."

PALCO bankruptcy on hold - Eureka Reporter 4/12/08

Google: andy beal estonia

TS Palco case rests without resolution 4/12/08
TS Attorneys, experts brawl over timber value 4/11/08
ER PALCO confirmation hearings enters third day 4/10/08
TS Mendocino Redwood on the stand in Palco case 4/10/08
TS Palco parties launch opening salvo 4/9/08
ER Attorneys for Mendocino Redwood Company start testimony to resolve PALCO bankruptcy 4/8/08
ER Schwarzenegger backs MRC plan for PALCO reorganization 4/5/08
TS Judge orders Palco, creditors to mediation 10/24/07
TS Mendocino Redwood floats Palco plan in Eureka 3/19/08
Those are just some of the articles on this subject, locally.

Just wondering if that point was noted in one of Lovelace's team member's live-blog accounts.

Friday, April 11, 2008

Gundersen prelim continued - 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


Blue Lake Police Chief David Gundersen's preliminary hearing on 19 charges, including allegations of spousal rape, was continued again today.
Gundersen's attorney Russell Clanton said the defense just received a videotaped interview with a material witness from the District Attorney's Office on Thursday, and was consequently unable to adequately prepare for the preliminary hearing scheduled to start this morning... from the TS, breaking news

TS Gundersen preliminary hearing continued 4/12/08
(for the fourth time?) ”We're in a position where we're just not able to go forward in a way that is fair to Mr. Gundersen,” Russell Clanton, Gundersen's attorney, told the court.

ER Gundersen hearing moved ahead for third time 4/12/08
(Gundersen's attorney Russell) Clanton did comment on District Attorney Paul Gallegos’ offer of immunity to Gundersen’s wife.

“It’s a tough position they put her in,” he said.


Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012


More to the story - 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


Gundersen's wife gets immunity

Statements made by Blue Lake Police Chief David Gundersen's wife during the District Attorney's Office investigation into allegations against her husband won't be used against her.

A court order filed April 7 states that the District Attorney's Office entered into an agreement of “use immunity” with Gundersen's wife, who the police chief stands accused of raping.

”It is hereby agreed by and between the Humboldt County District Attorney's Office and (Jane Doe), that statements made by (Jane Doe) to the Humboldt County District Attorney's Office as part of their investigation into the above case, and any information directly or indirectly derived from those statements shall not be used against her in any criminal case,” the order states....

...f Gundersen's wife is indeed still a hostile witness, and another immunity agreement is reached, that may make things more difficult for the defense, according to University of California Hastings College of Law professor David Levine....

The real question, Levine said, is why Gundersen's wife would feel the need for immunity.

Here's another question - Based on this statement, Gundersen's wife's attorney, Patrik Griego, and Clanton were not immediately available for comment Thursday. it appears Gundersen's wife is represented by Patrik Griego, who has been at Blue Lake City Council meetings working for the legal defense fund of the Police Officers Research Association of California -- or PORAC -- Is he representing her as PORAC? Or as an individual?

Related coverage, with links


Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012


Wednesday, April 09, 2008

New blog in town

The new blog in town deals with EPD issues from an unusual perspective. It will be interesting to see how it evolves. Comments are moderated. Some are saying they are heavily moderated. I recommend you open it up and allow real discussion to occur. But welcome to the blogsphere,

TS Council to review chief's contract 4/4/08
TS Closer look at chief's new contract 4/5/08
Police anger at chief surfaces 4/5/08
In a special meeting called to review Eureka Police Chief Garr Nielsen's contract Friday, the city council largely heard two very different stories -- one from members of the public and another from police department employees.
After a more than hour-long public comment period that saw nearly three dozen people come to the podium, the council voted unanimously -- with Councilwoman Polly Endert absent -- to approve Nielsen's revised contract, with each member individually voicing support for the chief.

TS After complaints about the chief, EPD looks to working together in the future 4/9/08
TS Turning anger into a positive vision 4/13/08

Just to clarify, this one is about Eureka's Chief, not Blue Lake's. For those from outside the area, it can get confusing. They're starting to wonder if there's any sanity up here. The answer is yes, but politics here is a blood sport.

Tuesday's BOS meeting

ER Residents speak out on code enforcement 4/9/08
The controversy stemmed from a number of residents who say that county code enforcers are collaborating with law enforcement and using building code inspections to obtain access to private property and go after marijuana growers.

Among the other issues raised by residents was a lack of oversight for the inspection procedures, concerns about safety and private property rights, as well as difficulties and costs associated with acquiring permits and complexities in the county’s planning process.

The matter was presented to the board by the Civil Liberties Monitoring Project, and followed a Garberville meeting Friday with county officials and law enforcement that drew in hundreds of residents.

NCJ Revolutions Won and Lost This Week's Dandy
TS Code Enforcement Unit inspections temporarily suspended 4/9/08
Ed Smith, who described himself as a retired Foreign Service officer and lawyer by training, said at least five properties in the area were “invaded” by a Code Enforcement Unit officer, which included visits from armed deputies. The only warrant they had, Smith said, was for the property above him.

TS SoHum Code Enforcement issues come to supes 4/7/08
TS County officials to face heat on code actions 4/3/08
TS Garberville meeting Friday on rural code enforcement 4/1/08
Eric's posts with pics,
Pics from Friday's meeting,
Some shots of Friday's public meeting

You'll need to read this to understand alot of the testimony
Codes, Damned Codes - A clash of values could spell the end for a 'hippy-rigged' community in Trinidad
Civil Liberties Monitoring Project (Thanks to Eric for the CLMP link)

The Governor was in town today

TS scoop Read the transcripts from Schwarzenegger's Eureka visit
Pretty cool to have transcripts! Exact quotes.
Articles in both papers today -

Photo: Tyson Ritter, Eureka Reporter
ER Eureka is latest stop on Governor's Statewide Tour
TS Schwarzenegger talks budget in Eureka

Sunday, April 06, 2008


Humboldt "Baykeeper" has a STAFF ATTORNEY!
Michelle Smith, Staff Attorney
michelle AT

Moneykeeping must be paying off.

Saturday, April 05, 2008

Somebody didn't get the memo...

Uhhh, Larry Evans and Mark Lovelace don't have, repeat, DON'T HAVE a plan

But the slick mailer arrived in mailboxes yesterday is designed to bamboozle the public and set the stage for an Al Gore-like squeal about the public's will being denied in order to continue the attacks on whichever of the entities who DO have plans in front of the bankruptcy court, Hurwitz or no Hurwitz. The villain will just change faces. That's one way to look at this.

The other is that Lovelace/Miller/Evans/et al continue trying to find a backdoor way to acquire Palco lands. Mark didn't put in all that time working on the Community Forest for nothing. He knew the endgame was coming, and that was just on-the-job-training. And this is a nice little political plug just at a time when - surprise, surprise - Mark is running for Supervisor. Or is it President of the Send Us Your Money Coalition?

What's more - The Governor of California and Congressman Thompson have come out in support of Mendocino Redwood plan - in fact, it looks like everyone is supporting the Mendocino Redwood Plan.

Even EPIC cares more about the employees of Pacific Lumber than Lovelace does. despite his crocodile tears some months ago.

The Eureka Reporter's coverage: Schwarzenegger backs MRC plan for PALCO reorganization (TS is in the link above)

The Mirror has it along with some interesting tidbits - like the GreatRedwood website was registered a few days before the mailer came out - on April Fool's day, no less.

If ever you needed proof of the organizational shell game these guys play, and how it is the same little group of players, this is a very clear example.

Thursday, April 03, 2008

What's this?

From the ludicrous Cobbpiece in the Times Standard today come this one interesting tidbit... If you would like more information, or want some help learning how you can help protect your community, contact Jon Zaglin of the Healthy Humboldt Coalition...

Well that would explain Mark's speaking as an "individual" this week.

Meanwhile, the Humboldt Watershed Council's blog is embracing Lovelace's givemesomemoneypleasegranteze-speak.

And... Ahhh, the joys of Google: [DUHC Announce] News & Events - Personnel Changes at Democracy ...
...But in a well-timed twist of fate, Jon Zaglin came to Humboldt as an intern for DUHC right as Hannah was getting ready to go. The fit felt right for more than just the internship so within a week Jon agreed to join our Steering Committee.
10/10/07 He's Cobb's intern?

He was getting room and board? Right? *Call for interns! We have so much going on that we've decided to offer summer and fall internships to students from outside the area who want to learn all about community organizing. We'll offer valuable tools and knowledge to a new community organizer. The internship includes room and board. Know someone who would be interested? Send them our way!... And thanks to Maggy and Charlie Herbelin for hosting one of our fall interns. If you would be interested in hosting a DUHC intern for a 3 month stint, please do be in touch.

They had to beg for housing for one of their interns - Can you help Democracy Unlimited by donating a room in your house for Jon (Beslow) to live in?

Our interns are paid a $500 stipend for their three months here so unfortunately Jon will not be able to pay you rent, and he will need to share food with you and your household. We've dug deep and determined that given the last minute circumstance, and the real value that we think Jon will bring to our organization and our community, we can offer his host family $100/month for September, October and November to help pay for food or other costs if this is needed. This was not originally budgeted, and not something we were able to provide to our summer intern host.

Wednesday, April 02, 2008

Salmon Forever 501(c)(3)

Gifts, grants and contributions received
2006 - $10,059.00
2005 - $23,075.00
2004 - $20,676.00
2003 - $54,355.00
2002 - $32,348.00
2001 - $34,967.00
2000 - $32,202.00
1999 - $55,322.00

Part III, Line 1 - During the year, has the organization attempted to influence national, state or local legislation, including any attempt to influence public opinion on a legislative matter or referendum? If "Yes," enter the total expenses paid or incurred in connection with the lobbying activities $___N/A____

Part IV, Line 11a - An organization that normally receives a substantial part of its support from a governmental unit or from the general public Section 170(b)(1)(A)(vi) (Also complete Support Schedule in Part IV-A)

more t/k

Arraignment continued a third time

URGENT ALERT! This case was TOSSED by the Judge - never made it to trial.
☛ ER
Feeney said the indictments the grand jury handed down to Douglas and Zanotti in December 2007 weren’t supported by probable cause. Insufficient evidence regarding the former leaders’ alleged failure to oversee other law enforcement was also presented to the grand jury, Feeney said, and instructions given on “exigent circumstances” were inadequate.
The grand jury should have also been instructed on justifiable homicide by law enforcement officials, Feeney said.

Original post: ER No charges for Douglas and Zanotti
Zanotti’s attorney, William Rapoport of Redwood City, requested the arraignment be continued because the defense has not received 105 exhibits of evidence — including pictures, Zanotti’s testimony at the County Coroner’s inquest and questions jurors inquired of witnesses who testified.

“We’re entitled to know what the grand jury wanted to get from those witnesses,” Bragg said.

At the prior arraignment date on Feb. 22, Humboldt County District Attorney Paul Gallegos stipulated that he would have copies of the exhibits made — which are court property — and provided to the defense.

That was over a month ago, and they still haven’t been received, Bragg said.

Gallegos said that he expects the exhibits will be provided by the end of the week. “They’re going to get everything,” he said.
Read the rest

TS Officers' arraignment postponed once again

In asking for the continuance, Zanotti's attorney, William Rapoport, said the defense has received 15 of the 151 grand jury exhibits.

”I have been continuously trying to get from (District Attorney Paul) Gallegos the discovery, which includes but is not limited to the exhibits from the grand jury,” Rapoport told the court, adding that the exhibits were necessary for the defense to prepare its post-arraignment motions.

Gallegos said his office had the bulk of the grand jury exhibits prepared to turn over to the defense.

”Certainly, they are entitled to all the discovery, and we will give it to them,” Gallegos said....

In court, after assuring the defense he would provide the exhibits and the discovery in a timely matter, Gallegos asked the court to proceed with the arraignment. Feeney declined, and instead granted the continuance. After the arraignment, Gallegos said he wants the case to move forward.

”I'd like to get going,” he said. “We've accommodated them, we've accommodated them and we've accommodated them. I think it's time to get them arraigned, but I guess that will happen on the 22nd.”

Bragg took issue with his comments.

”He has not accommodated us -- we have not gotten the exhibits,” Bragg said. “The only reason we have asked for a continuance is that the District Attorney's Office has failed to get us those exhibits. This was not a defense-generated request for a continuance.”...
Read the rest

That word again, certainly...

Related coverage Links to articles, letters and Op-Eds

Tuesday, April 01, 2008

Not sure what to make of it

But today, in a discussion about the County General Plan at the Board of Supervisor's meeting, Mark Lovelace stood up to speak, and announced himself as "Mark Lovelace, speaking as an individual."

Not as "Humboldt Watershed Council." Not as "Healthy Humboldt."

So, what's changed?

Day 721