Thursday, December 31, 2009

Once in a Blue Moon

Blue moon 2009: a New Year's Eve rarity
...There were twelve names for full moons, one for each month, and the name blue moon was used in years which had 13 full moons."

But in 1943, Sky and Telescope Magazine erroneously wrote that the second full moon in any calendar month was called a blue moon. The label stuck and is still used today.

It’s relatively rare that a blue moon would fall on New Year’s Eve. The last time that happened was 1990...

Even more rare – there were two blue moons in 1999, one in January and one in March. That happens only about four times a century.

Interestingly enough, this is not where the expression “once in a blue moon” comes from. According to NASA, that phrase is believed to have originated in 1883 after the eruption of Indonesia’s Mount Krakatoa. The volcano put so much dust in the atmosphere that the moon actually looked blue in color. The event was deemed so unusual the phrase “once in a blue moon” was coined....

Homicides up in 2009...nearly doubling last year's total. Plus.....highest since 2002

Eleven died at the hands of others in Humboldt County in 2009
In 2007 there were five homicides, eight in 2006 and four in 2005. The highest number of homicides in recent history was 14 in 1999.

Four of this year's killings have no arrests or suspects named and in only one case has there been any convictions.
In two of the cases, the suspect was arrested while driving the victim's vehicle.

Feb. 6, Andrew Pease
Feb. 24, Ezra Sanders
May 12 David Fields
June 16 Ted Kilston Stevens
June 23 Brad Masten
Aug. 30 Stephanie Fowler (remains found)
then William John Lundy
Sept. 10 Nicholas Montoya
Oct. 11 Michael Anthony Borcalli, aka Michael Dragon
Nov. 17 Robert Van Alstine
Dec. 13 David Earl Sanford

You could add one more: Whitmill and Flores were charged with murder in the death of Nicole Quigley, though they pled to reduced charges. ◼ Whitmill, Flores take District Attorney's deal.

Then there is:
Monica Bradshaw missing and presumed murdered
Murder files

Wednesday, December 30, 2009

Double speak?

...District Attorney Paul Gallegos, who would lose Hislop's services if he's successful in his bid to become sheriff, is giving his chief investigator his full support.

”I have worked to attract, hire and maintain the best, the brightest and the most qualified people to work on behalf of the people of the state of California,” Gallegos wrote in an e-mail. “Mike Hislop exemplifies those qualities and characteristics. He is extremely intelligent, has excellent organizational and leadership skills and strives for excellence in all his endeavors. I have no doubt that he will be an outstanding sheriff.”


Hahahaha. But what is really interesting is the comments. The spin machine is in motion - but the truth is being spoken aloud.
Fred said, and I agree: Hislop is nowhere near qualified for this office. By all accounts he was a mediocre cop with EPD (that's why he left- no upward movement left). By everything I've read, he's been mediocre in his position with the D.A.'s office.

He has literally no managerial experience, and doesn't seem to have any idea about what even his current job description consists of. Very poor choice for a candidate in this race.


Then comes the Sterling-Nichols grade spin: I've met Mike Hislop on several occasions and at various functions. He is definitely the most qualified candidate for Sheriff. He's friendly and approachable. When you gget your head out of your a&$, take the time to talk to hiim and ask him where he stands on various local issues. You may be surprised.
The DA's office has seen many major changes over the years beginning with getting rid of the dead weight that's been plaguing that office for many years. Paul Gallegos has modernized the office and brought in some of the most talented Deputy DA's he could find. Many of their records are flawless. There has been more wins during Paul's term than ever before. Again, take the time and look up the facts before spouting off at the mouth. Especially those of you who don't even live here.


You really have to take that last statement apart piece by piece...

"dead weight" virtually ALL of the experienced, talented, dedicated DDAs, and most all of the staff
"most talented Deputy DA's he could find" "Tim's a stud!"
Many of their records are flawless "yougofree.com
more wins during Paul's term remember, plea deals count as wins
"worked to attract, hire and maintain the best, the brightest and the most qualified people"Not exactly.

As for Gallegos and Hislop's great adventure - Who can forget the attempt to set up an assault team, outfitted in matching carharrt gear, and complete with AR-15s?

The DA Investigators have had some successes solving cold cases. But that does not a Sheriff make.

The horses are at the gate....

Patrick Higgins For 5th Distric Supervisor Tom Sebourn
Hislop to throw hat in the ring for sheriff Times Standard
Hislop to run for Sheriff McKinleyville Press - Daniel Mintz
Philp out of sheriff's race, Downey announces candidacy Times Standard
In which your host Ryan Hurley introduces the candidates and issues poised to rock Humboldt County like an eight-point-oh on the November 2010 ballot. Eureka Now!
It's official: Bass, Neely to run for 4th District Supervisor seat Times Standard
Jeff Leonard announced his intentions previously Times Standard
Linda Hill bows out of assessor's race
Assessor candidates announce their bids
Election Roundup
Elect Mike Downey
link
Dave Parris announces candidacy for coroner
Cleary Announces
Assessor - 4 Year term
Auditor-Controller - 4 Years
Coroner-Public Administrator - 4 Years
County Clerk/Recorder/Registrar of Voters - 4 Years
District Attorney - 4 Years
Sheriff - 4 Years
Superintendent of County Schools - 4 Years
Treasurer/Tax Collector - 4 Years
Supervisor District 4 - 4 Years
Supervisor District 5 - 4 Years
Superior Court Judge Department 1 - 6 Years
Superior Court Judge Department 5 - 6 Years



Election Roundup: Rodoni declares for Humboldt County assessor

Election Roundup: Humboldt County DA candidate Bryson to hold meet and greet
Election Roundup: Gallegos announces endorsements

Tuesday, December 29, 2009

Taxpayer funded agencies

Taxpayer funded agencies should not be charging each other fees. The taxpayers already pay for all the expenses. There is no need to run up big bills shuffling money between the entities. Whether it is the High School charging the Elementary School for use of a room, or the Jail (which we pay for) charging the Sheriff (who we pay for) to put people in jail (which we pay for) - it is a waste of time and only adds to the Budget CRISIS we are forced to endure year after year. Just my opinion.

Cough it up? Law enforement agencies being forced to pay for jail booking fees

Friday, December 25, 2009

Merry Christmas.

The tradition


To mresquan and Stephen, Carol and Greg, Eric, heraldo, the HumBug and Hank. To Ernie, to Kym, to Jennifer and Dave, to the Cap'n, to Fred, to Softball and Cap, to Anon.R.mous (I know you're out there) and Anonymous - Merry Christmas to all.

Wednesday, December 23, 2009

David Earl Sanford, 47, of Fieldbrook

Detectives trying to track down witnesses in homicide case
Detectives investigating the death of a man whose body was found earlier this month on a Mad River bar are following up on leads, but some of the people they want to talk to are seemingly hard to find.

The death of David Earl Sanford, 47, of Fieldbrook, was ruled a homicide Friday after a forensic pathologist examined the body, which was found Dec. 13.

Humboldt County Sheriff's Office Sgt. Wayne Hanson said the detectives working the case have been talking to some people of interest, but others, because they are believed to be transients, have been hard to track down.

When Sanford's body was found it had visible injuries, but it is still unclear if the injuries contributed to his death.


Related:
Unidentified man found dead at Mad River bar 12/14/2009
Name of dead man released 12/15/2009

Saturday, December 19, 2009

Congratulations to Ashley and Humboldt County's Mad River Lightning


'A testament to Nicole'
It's like something directly out of the pages of a Disney script.

A team of 11 9-year-old girls from a small town in rural California finds itself playing in the state championship tournament.

Having bonded through the tragic death of a teammate last season, the squad exceeds all expectations, playing at a level greater than the sum of its parts.

Then, the improbable run that carried the team through the tournament's first four rounds seems to be coming to an end, as the team trails 1-0 to an opponent from the much bigger city of Santa Cruz.

But, just as hopes are dimming, something almost miraculous happens.

As the final seconds of the first half ticked down, Ashley Quigley, who lost her twin sister and teammate Nicole Lynn Quigley in an October 2008 car accident, prepared for a corner kick on the rain-soaked field. Ashley booted the ball toward a streaking teammate near the goal, whose attempt to head the ball into the goal went awry, sending the ball looping back toward Ashley in the corner....

”As the ball floats down, a big gust of wind picks up and just blows it into the goal,” said Coach Dan Johnson, who has led the team for more than half a decade. “Right after the ball went in, this rainbow occurs, framing the goal at the end of the field.

”It was weird,” Johnson continued. “All of a sudden, this rainbow comes out, (the score is) 1-1 and, from there, the girls just kicked ass.”

Of course, this was no Disney script. It's the story of how Humboldt County's Mad River Lightning -- a girls youth soccer team -- turned tragedy into triumph, traveling directly from the sentencing of two men who pleaded guilty to causing the death of their teammate, Nicole, to the California Under-10 Youth Soccer League State Cup in Livermore last weekend.

They ultimately emerged with the state title.

And, Johnson said, it was the improbable goal last Saturday that helped swing the momentum, transforming the Lightning's playoff run from good to great, from one that would have brought them home with their heads held high to one that saw them return as undisputed champions.

”(The goal) was one of those special moments in life that you'll never forget,” said Johnson, who said he's not a spiritual man, but had to turn to spiritual words to describe the moment. “People talk about angels and stuff all the time. ... I don't know about all that. I just know (Nicole) was there.”

Whitmill back in court Friday over transfer delay

Whitmill back in court Friday over transfer delay
Jason Whitmill, whose street race with another man ended with the death of a 9-year-old girl last year, was back in court Friday, one week after he was sentenced to 14 years and eight months in prison.

A judge granted a request by Whitmill, 32, to delay being sent to the California Department of Corrections. His attorney asked that he remain in the Humboldt County jail for 60 days to finalize a divorce.

Assistant District Attorney Wes Keat asked Superior Court Judge Dale Reinholtsen to cancel the delay during the Friday hearing.
”No such divorce is in progress,” Keat said.

Whitmill's attorney, Glenn Brown, said he was “at a loss for words” and that a divorce was indeed in progress.

Brown said his client does not have the best access to the family courts and papers while in custody and argued that taxpayers would end up paying for Whitmill to be transported back from prison to Humboldt County to complete his divorce.

”He's here,” Brown said. “It makes no sense to bring him up and down the highway.”

Reinholtsen said he'd consider the matter, giving no future date for a ruling on it....

Thursday, December 17, 2009

Spend more. Get less. The CA way.

The Worst-Run Big City in the U.S. - Spend more. Get less. We’re the city that knows how. sfweekly.com
Unions, Graft, Stunning Incompetence Make San Francisco "Worst-Run Big City in the US" globaleconomicanalysis

So, about Garr Neilsen's My Word...

and the idea of 'investing' in law enforcement.... ummm, isn't that something we already do, Garr? And since the piece seems focused on letting criminals out of prison, aren't we 'investing' a shitload of money in prison guard pay? And even more than that in their retirement? Don't they get 90% of their wages, paid forever after after they retire? Seems to me we have invested to the point the state is broke. Seems that is siphoning off all the money that could go to maintaining a working law enforcement system.

But that isn't what strikes me most - what gets me is the moves AGAINST law enforcement in our own community, which has reached the point where you have to ask why not just shut it down? Entirely. Everybody hates the cops, from the CLMP to the Board who is voting to set someone up in business in case the cops screw up even though there is no incident, even though there are already several redundant review processes... why should we invest more when law enforcement is being hamstrung at every level?

And it is not just that - so we invest in your officers, and they send the case to the DA - then what? He diverts offenders into drug court? How is that different from "the wholesale release of inmates" exactly? By degrees only, if you ask me. When cases are being diverted, plead down or dismissed, all the investment in the world isn't going to help.

We certainly seem to be at a crossroads, a time where we have to decide where our values lie - are people so complacent that they side against law enforcement? It sure seems that way to me. We've reached a point where we seem to be deciding the choices of drug dealers take precedence, and are preferred.

And no matter how hard the cops work, they can't have any effect when they have to hand the case over to a DA like Gallegos.

That's where your argument - or the argument of whoever wrote the piece - breaks down. It sounds good on the surface, but it misses the real problem.

As it is, that opinion piece, on closer scrutiny, is kinda like the Kentucky Fried Chicken building plunked down in the middle of McKinleyville, completely out of place.

Plea Bargains - PRO and CON

Good or bad? Better to get something than nothing? A win for the DA? Or not?
Is it unfair to point out the plea bargains?
Weigh in.

Deja Vu - WTF? w/UPDATE & Neilsen Press Release - turns out to be an innocent mistake

Public safety is an investment, not a cost
Garr Neilsen's My Word in the Times Standard 12/16/2009
http://www.fresnobee.com/opinion/wo/story/1740052.html
Jerry Dyer Op-Ed in Fresno Bee Tuesday, Dec. 08, 2009
Word for word.
Desperate? Stupid? Being pushed by the "Progressive" overlords to get something out?
Unbearable, incredibly unimaginably stupid? Sorry, Garr, this is not cool.
Caught by someone in the comments, starting at #29
***
Jon-E-Law Eureka, CA
Liberal for Life wrote:
Wow.
I always believed that Eureka deserved a literate, public-oriented police chief.
Well done.

Not a chance. Your moron Chief did not write this he plagiarized it from the Fresno Chief.
***
Jon-E-Law Eureka, CA
Lib for life too wrote:
Actually, this is written like he is running for office. Chief, if that is true, don't you think you should finish your one job at EPD before moving on and taking on another?

He will fit with Gallegos in taking credit for another's work. Chief Jerry Dyer from Fresno PD wrote this piece.
***

Jon-E-Law Eureka, CA
Dyer's original piece ran in the Fresno Bee on December 8.
http://www.fresnobee.com/opinion/wo/story/174...
***

Walter Sobchak Wildomar, CA
Liberal for Life wrote:
Wow.
I always believed that Eureka deserved a literate, public-oriented police chief.
Well done.

Darn straight. Of course, if all he'll do is publish others' work without attribution, that would actually make him a thief. Intellectually dishonest, AND a thief? Not exactly a ringing endorsement, is it?

Remember this:
Filed under Gallegos' Plagiarism
RELATED STORIES:
THE OX-BOW INCIDENT by ROBERT LOUIS FELIX
a copy of THE OX-BOW INCIDENT in case the link goes down
TS - Paul Gallegos' My Word
ER - WHOSE WORD WAS 'MY WORD'?
ER - A second Gallegos column raises questions about attribution
Back up links, Eureka Reporter coverage"
ER - WHOSE WORD WAS 'MY WORD'? 9/7/2006
ER - A second Gallegos column raises questions about attribution 9/8/2006

UPDATE and clarification:
Pla-Garr-ism? The Journal
***
Neilsen's Press Release

I wish to clarify any confusion that may have arisen from the opinion piece published earlier this week in the Times Standard. This was a position piece adopted by the California Police Chiefs Association. The editorial was distributed to regional directors to be modified for local media and presented as a position supported by local chiefs. This is a common practice that is intended to distribute a consistent position.

I apologize for any confusion this may have caused regarding the authorship of the piece. There was no intent to claim it as original, but rather reflect consensus of opinion of California Chiefs.
Thanks

gn


Police Chief clears air over editorial
A letter to our readers
The Times-Standard contacted the column's original writer, Fresno Chief of Police and former President of the California Police Chiefs Association Jerry Dyer, who said he was asked to write the Clemmons piece by the Fresno Bee, as he's a regular contributor for them.

At a recent Cal Chiefs meeting, Dyer said he told everyone that he was working on the piece and that he would be submitting it. As he's done before, he said he urged all the regional chiefs to localize the piece -- either using it as a jumping off point or using parts or all of it -- and to submit it to their local papers.

It is important that individuals who submit columns acknowledge when information, ideas, viewpoints or phrases are coming from another source. In this case, a simple citation or sentence of attribution would have sufficed, giving us a chance to weigh whether we were interested in running the opinion of Fresno's police chief -- even with a local angle -- and allowing readers to understand the full picture of the piece's origin.

Wednesday, December 16, 2009

Merry Christmas.

It's official: Bass, Neely to run for 4th District Supervisor seat
Jeff Leonard announced his intentions previously

Home Depot is sexy

Sorry, heraldo(a)/larry/pete/scott
"It's fitting that we're here today at Home Depot with folks who play a vital role in helping America’s families build strong homes and strengthen the ones they’ve got," Obama said. "'Cause that’s what we’re trying to do: rebuild America’s house, on a foundation of growth and prosperity."

"Insulation is sexy stuff," he added. "Here's what's sexy about it: saving money." (11:21 a.m.)

One thing done right (and yet another plea bargain)

Another plea deal. Murder to 'first degree robbery.' For the shooter. But at least this time the victim's family was kept apprised. The way it should have been done in the Whitmill/Flores case.

Another defendant in the killing of Ezra Sanders entered a guilty plea in Superior Court on Monday and is looking at a sentence of 30 years in prison.

The Humboldt County District Attorney's Office said Jeffrey Alan Burgess, 39, of Eureka, entered the plea to first degree robbery with special allegations that include acting in concert with two or more persons and personally discharging a firearm during the commission of a felony. Burgess' murder trial was in the jury selection process when he changed his plea.

He will have to serve 25 years of the sentence before being eligible for release, Deputy District Attorney Ben McLaughlin said, adding that 30 years is the largest determinant sentence possible.

McLaughlin said that, throughout settlement talks, he was in close contact with the victim's father, Charles Sanders.

”Every substantive discussion I had with defense counsel, I always checked with Mr. Sanders,” McLaughlin said.
“We had an idea of where Mr. Sanders wanted to see the case resolved in terms of years of incarceration, and that's what we tried to accommodate. ... I had always thought that 30 years sounded appropriate for Mr. Burgess, given his age.”

Ruben Anthony Peredia, 32, of Eureka and Lukus Larry Mace, 31, of Orleans, entered guilty pleas in August to voluntary manslaughter. Mace and Peredia face up to six years in prison, but part of Mace's plea agreement requires him to testify against the others.

A fourth defendant, Tracey Joleen Williams, 35, of Eureka, is scheduled to stand trial Jan. 4.

Burgess' sentencing is scheduled for Jan. 12.

Ruben Anthony Peredia, 32, of Eureka and Lukus Larry Mace, 31, of Orleans, entered guilty pleas in August to voluntary manslaughter. Mace and Peredia face up to six years in prison, but part of Mace's plea agreement requires him to testify against the others.

A fourth defendant, Tracey Joleen Williams, 35, of Eureka, is scheduled to stand trial Jan. 4.
Burgess' sentencing is scheduled for Jan. 12.

Sanders was found lying in front of his trailer in the Widow White Creek RV Park in McKinleyville shortly after 1 a.m. Feb. 24. He was found dead of a single gunshot wound to the chest.

Mace's testimony at a preliminary hearing in the case indicated that he and the other three drove to McKinleyville to rob Sanders. Sanders resisted and appeared to be reaching for something inside his trailer. That is when Burgess shot him, Mace testified.

McLaughlin said there were some concerns regarding the admissibility of a confession Burgess gave law enforcement officers before his arrest, as Burgess' defense attorney, Neal Sanders, had argued that Burgess wasn't properly Mirandized during the interview. Much of the confession was thrown out during Burgess' preliminary hearing, and McLaughlin said there was a concern that ruling would have been upheld, or even extended, at trial.

”It would have been tough going,” he said of trying the case without Burgess' confession.

Neal Sanders said his client ultimately opted to take the plea deal because he, one day, hopes to walk out of prison a free man.

”It is a determinant term for him, which means he will actually be able to get out of custody,” said Neal Sanders, adding that would not have been the case if Burgess had been convicted of any degree of murder charges. “Nowadays, people with life sentences don't walk out of prison, ever.”


Gee thanks, Neal. The killer wants to walk out a free man.

Tuesday, December 15, 2009

Is Larry Glass really all that concerned about toxic sites?

I don't think so.

The Works, Arcata CA - street view
Former Dry Cleaners

Another body

Unidentified man found dead at Mad River bar 12/14/2009
Name of dead man released 12/15/2009
The Humboldt County Sheriff's Office has released the name of a man found dead on a Mad River bar Sunday.

The death of David Earl Sanford, 47, is being treated as suspicious. It is believed Sanford was a transient living in a tent found near his body.

He had some visible injuries, but it is unclear if they contributed to his death, the Sheriff's Office said.

The Sheriff's Office is not releasing any other details about the injuries. An autopsy is tentatively being scheduled for later in the week.

Sanford's body was found around 10 a.m. Sunday near Boyd Road on the south side of the river.

Anyone with information on Sanford can call Detective Troy Garey at 268-3643.


Detectives trying to track down witnesses in homicide case
Detectives investigating the death of a man whose body was found earlier this month on a Mad River bar are following up on leads, but some of the people they want to talk to are seemingly hard to find.

The death of David Earl Sanford, 47, of Fieldbrook, was ruled a homicide Friday after a forensic pathologist examined the body, which was found Dec. 13.

Humboldt County Sheriff's Office Sgt. Wayne Hanson said the detectives working the case have been talking to some people of interest, but others, because they are believed to be transients, have been hard to track down.

When Sanford's body was found it had visible injuries, but it is still unclear if the injuries contributed to his death.

Monday, December 14, 2009

Thank You, TS

Quigley family addresses court at Whitmill, Flores sentencing 'I WILL NEVER FORGET HER'
After Friday's hearing, Ken Quigley expressed frustration at the way the case was handled by District Attorney Paul Gallegos. He charged that Gallegos was unprepared for court appearances, twice dropped it in the lap of unprepared deputy district attorneys and generally handled it in an unprofessional manner.

"Had this case been handled from the beginning by someone with the experience of Maggie Fleming, it would have had a much different outcome," Ken Quigley said. "I'm not here to knock people, but I'm very disappointed with the way Mr. Gallegos handled this case. Next year can't come soon enough. It is an election year, isn't it?"

Gallegos told the TimesStandard in a previous interview that the case was handled properly from start to finish.

In addressing the court, Nicole's uncle, Mike Quigley, said complaining about the sentence won't do any good. Instead, he vented anger at the defendants and a criminal justice system that released Whitmill from custody less than two weeks before the crash.

"In a just world, none of us would be here because he wouldn't have been on the streets," he said, before turning his attention to both defendants. "You killed a 9year-old girl and neither one of you are man enough to stand up and take responsibility for it. God bless my beautiful niece and her mom and dad and sister, and God damn both of you."


Whitmill, Flores sentenced while victim's family, friends look on
Whitmill, Flores take District Attorney's deal
Ken Quigley, father of Nicole Quigley, attended nearly every court appearance by Whitmill and Flores with many family members and friends. He expressed frustration that the District Attorney's Office never discussed the plea bargain with him or his family.

”We didn't find out until yesterday afternoon, late, that this was even in the works,” Quigley said on Friday. “We're very disappointed in how this worked out.”

He blamed District Attorney Paul Gallegos for settling instead of going for a stronger sentence.

”We have the most incompetent DA in the state,” Quigley said.

A call seeking comment from Gallegos was not returned by deadline Friday.

In a press release, the DA's office stated that it was a potential technicality that led to the decision to accept the pleas.


09
Whitmill and Flores trial date delayed another month 08/04/2009
Whitmill, Flores take District Attorney's deal 12/05/2009
Jury selection begins in trial of Whitmill, Flores 11/23/2009
Whitmill, Flores trial to proceed 11/10/2009
Motion denied to suppress blood sample in Whitmill case 11/06/2009
Whitmill faces murder charge for alleged role in crash 10/15/2008
Quigley family, friends remember 9-year-old Nicole 10/06/09
Nearly one year ago 10/01/2009
Case surrounding fatal crash on Highway 299 delayed 09/15/2009
Too many delays 9/10/09
Legal maneuvers slow case of men charged in 9-year-old's death 09/01/2009
Whitmill and Flores trial date delayed another month 08/04/2009
Evidence, charges unchanged against Whitmill 07/17/2009
Evidence for second degree murder charge? 06/19/2009
Thinking of the Quigleys 05/29/2009
Remember Nicole 05/08/2009
Looking forward: Quigley family watches and waits as case continues 05/17/2009
Defendants in 299 wreck plead not guilty 03/28/2009
Judge holds Whitmill, Flores to answer for 299 wreck 03/14/2009
Wife refuses to testify against husband at preliminary hearing 03/13/2009
Investigator testifies suspect in fatal crash changed story 03/12/2009
Officer testifies about 299 crash at prelim 03/11/2009
Preliminary hearing over Highway 299 wreck continues 03/10/2009
Superior Court delays hearing in 299 crash case 02/11/2009
Broken system 01/23/2009

08
Hug your children 12/03/2008
Vehicular manslaughter suspect has extensive criminal history 11/13/2008
Whitmill-Flores hearing continued 11/06/2008
Street race case waiting on CHP reports 10/23/2008
Authorities seek Mustang passenger for questioning 10/17/2008
Court document: Flores tried to 'subvert' investigation 10/16/08
Whitmill faces murder charge for alleged role in crash 10/15/2008
Authorities arrest driver of Mustang 10/10/2008
New driver named in fatal collision 10/09/2008
Search continues for other driver in fatal crash 10/08/2008
◼ ER Parolee named as driver in fatal collision
◼ TS New driver identified in fatal crash
◼ TS New driver named in fatal collision
TS Update: ☛ TS Police still looking for driver
◼ TS Driver sought: Suspected drag race on 299 results in fatal crash

Note: there were other articles in the Eureka reporter, but none are available online anymore.

Thursday, December 10, 2009

Now we're going to kill our girl babies? Like China?

Population control called key to Global Warming deal
The whole world needs to adopt China's one-child policy. Canada's National Newspaper calls for Worldwide One Child Policy...

How far down this path are you willing to go, baby boomers?

Marina Center and the Coastal Commission

Cage Match
LIVE webcast
Cleanup Mess

Local blog posts...RELATED:
Meanwhile, back at the North Coast Journal… The Mirror
Coastal Commission gives Eureka the smack down Heraldo/a
Eureka City Council to Certify Marina Center EIR Tonight Tom Sebourn

Not on the online TS yet UPDATED

UPDATED:
Quigley family addresses court at Whitmill, Flores sentencing 'I WILL NEVER FORGET HER'
Whitmill, Flores sentenced while victim's family, friends look on
People to speak at Whitmill/Flores proceedings today.
Brief recap:
Quigley family, friends remember 9-year-old Nicole 10/06/09
One of the things Ken Quigley misses most about his daughter is her dancing.
”I don't even know where to begin,” he said about his favorite memories of his daughter Nicole Lynn Quigley. “We miss her so much ... . We miss watching her dance. Dancing was her thing. She danced all over the house.”

Too many delays 9/10/09
On Monday, Aug. 3, the friends and family of Nicole Lynn Quigley once again attended court for what was supposed to be a pre-trial hearing for Jason Whitmill and Anthony Flores and once again Whitmill's attorney, Glen Brown, paid for by you and me, the taxpayer, succeeded in getting the trial date moved out to the end of September. One of Glen Brown's excuses was that he had more important trials scheduled at the same time as this one. Since I am not allowed to speak during court, my question to Glen Brown is, “More important to whom?” After two judges have reviewed the charges against Whitmill and concurred that second-degree murder will stand against Whitmill for his reckless regard for human life, Mr. Brown has now sent the case off to the California Appellate Court in another one of his tactics to delay the inevitable. How this man sleeps at night is beyond me. In the meantime I will be watching very closely for what trials come up around Sept. 8 that are so important that we need to delay some closure to my family and friends and Whitmill's and Flores' trip to the big house.
Kenneth Quigley

Court document: Flores tried to 'subvert' investigation 10/16/08
Vehicular manslaughter suspect has extensive criminal history 11/13/08

09
Whitmill and Flores trial date delayed another month 08/04/2009
Whitmill, Flores take District Attorney's deal 12/05/2009
Jury selection begins in trial of Whitmill, Flores 11/23/2009
Whitmill, Flores trial to proceed 11/10/2009
Motion denied to suppress blood sample in Whitmill case 11/06/2009
Whitmill faces murder charge for alleged role in crash 10/15/2008
Quigley family, friends remember 9-year-old Nicole 10/06/09
Nearly one year ago 10/01/2009
Case surrounding fatal crash on Highway 299 delayed 09/15/2009
Too many delays 9/10/09
Legal maneuvers slow case of men charged in 9-year-old's death 09/01/2009
Whitmill and Flores trial date delayed another month 08/04/2009
Evidence, charges unchanged against Whitmill 07/17/2009
Evidence for second degree murder charge? 06/19/2009
Thinking of the Quigleys 05/29/2009
Remember Nicole 05/08/2009
Looking forward: Quigley family watches and waits as case continues 05/17/2009
Defendants in 299 wreck plead not guilty 03/28/2009
Judge holds Whitmill, Flores to answer for 299 wreck 03/14/2009
Wife refuses to testify against husband at preliminary hearing 03/13/2009
Investigator testifies suspect in fatal crash changed story 03/12/2009
Officer testifies about 299 crash at prelim 03/11/2009
Preliminary hearing over Highway 299 wreck continues 03/10/2009
Superior Court delays hearing in 299 crash case 02/11/2009
Broken system 01/23/2009

08
Hug your children 12/03/2008
Vehicular manslaughter suspect has extensive criminal history 11/13/2008
Whitmill-Flores hearing continued 11/06/2008
Street race case waiting on CHP reports 10/23/2008
Authorities seek Mustang passenger for questioning 10/17/2008
Court document: Flores tried to 'subvert' investigation 10/16/08
Whitmill faces murder charge for alleged role in crash 10/15/2008
Authorities arrest driver of Mustang 10/10/2008
New driver named in fatal collision 10/09/2008
Search continues for other driver in fatal crash 10/08/2008
◼ ER Parolee named as driver in fatal collision
◼ TS New driver identified in fatal crash
◼ TS New driver named in fatal collision
TS Update: ☛ TS Police still looking for driver
◼ TS Driver sought: Suspected drag race on 299 results in fatal crash

Note: there were other articles in the Eureka reporter, but none are available online anymore.


It's a hard cold fact that Ken Miller's "concern" contingent is nowhere in sight. Salzman held no candlelight vigils.

History - too many delays, and another plea deal

2009
◼ TS Whitmill, Flores take District Attorney's deal 12/05/09
Big Plea in Quigley Cast The Journal
◼ TS Jury selection begins in trial of Whitmill, Flores 11/23/09
◼ TS Whitmill, Flores trial to proceed 11/10/09
◼ TS Motion denied to suppress blood sample in Whitmill case 11/06/09
◼ TS Quigley family, friends remember 9-year-old Nicole 10/06/09
◼ TS Nearly one year ago 10/01/09
◼ TS Case surrounding fatal crash on Highway 299 delayed 09/15/09
◼ TS Too many delays 9/10/09
◼ TS Legal maneuvers slow case of men charged in 9-year-old's death 09/01/09
◼ TS Whitmill and Flores trial date delayed another month 08/04/09
◼ TS Evidence, charges unchanged against Whitmill 07/17/09
◼ TS Evidence for second degree murder charge? 06/19/09
◼ TS Thinking of the Quigleys 05/29/09
◼ TS Remember Nicole 05/08/09
◼ TS Looking forward: Quigley family watches and waits as case continues 05/17/09
◼ TS Defendants in 299 wreck plead not guilty 03/28/09
◼ TS Judge holds Whitmill, Flores to answer for 299 wreck 03/14/09
◼ TS Wife refuses to testify against husband at preliminary hearing 03/13/09
◼ TS Investigator testifies suspect in fatal crash changed story 03/12/09
◼ TS Officer testifies about 299 crash at prelim 03/11/09
◼ TS Preliminary hearing over Highway 299 wreck continues 03/10/09
◼ TS Superior Court delays hearing in 299 crash case 02/11/09
◼ TS Broken system 01/23/2009

2008
◼ TS Hug your children 12/03/08
◼ TS Vehicular manslaughter suspect has extensive criminal history 11/13/08
◼ TS Whitmill-Flores hearing continued 11/06/08
◼ TS Street race case waiting on CHP reports 10/23/08
◼ TS Authorities seek Mustang passenger for questioning 10/17/08
◼ TS Court document: Flores tried to 'subvert' investigation 10/16/08
◼ TS Whitmill faces murder charge for alleged role in crash 10/15/2008
◼ TS Authorities arrest driver of Mustang 10/10/08
◼ TS New driver named in fatal collision 10/09/08
◼ TS Search continues for other driver in fatal crash 10/08/08
◼ ER Parolee named as driver in fatal collision
◼ TS New driver identified in fatal crash
◼ TS New driver named in fatal collision
TS Update: ☛ TS Police still looking for driver
◼ TS Driver sought: Suspected drag race on 299 results in fatal crash

Note: there were other articles in the Eureka reporter, but none are available online anymore.

Wednesday, December 09, 2009

End game

"2009 is also the first year of global governance, with the establishment of the G20 in the middle of the financial crisis. The climate conference in Copenhagen is another step towards the global management of our planet." Rompuy

Still think it's a myth?


Professor of Atmospheric Science: CRU Emails “Tip Of A Giant Iceberg”

Monday, December 07, 2009

Worth noting:

From the comments thread at the TS -

Gallegos decided that a beautiful, brilliant, vibrant 9 year old girls life is worth less than his own reputaion as an attorney.

I sat in the audience for hearing after hearing on evidence motions in this case. More often than not Gallegos showed up late, often without the case file and in every case, he let the defense attorney run the show. In one hearing he showed up with no file and when the defense attorney made a claim to the judge he actually said," I don't have the file, I'll have to accept that what he says is true." HUH?? I, the Chief law enforcement officer in the county take the word of an ACLU/ Public Defender?

I think the guy does the best he can, unfortuanately he is inept, unorganized and probably about 7 on a scale of 1-100 for prosecutors.

He took the safe way out, it's done, it's his decision and he's made it.

Next year DON"T stay home and assume someone else will vote this fool out. The cannabinoids and dirt bags have nothing else to do but go to the polls once every four year. Hold your rage....vote for Nicole next time around and send this incompetent boob back to where he came from.

( Incidentally, that would be representing Pelican Bay inmates in ther grievences against the state for being unfairly treated in prison.)
citizen

So if i read this story right there was a plea because they obtained his blood with out consent, because the **** woman he was with lied and said she was driving, obviously the cops on the scene knew better, and had they not taken the blood and found out later that he was the driver when all trace of his alchol or whatever he was on was gone then there would not of been a case against this low life of a person. Hmm and no time for the lady that impeded the invetigation WOW it amazes me that there would be any kind of a deal. Where is the justice in this world. My prayers go out to this family, God bless. What constitutes the Law

It is an important point - in an accident, the driver sustains a different kind of injuries than a passenger. The officers would have had more than ample reason for drawing his blood, defense attorneys' attempts not withstanding.

There are many problems here, and only one of them is that Gallegos repeatedly sides with the defense's view of the world.

Saturday, December 05, 2009

”We have the most incompetent DA in the state,”


Whitmill, Flores take pleas in deadly street race case Times-Standard breaking news
Whitmill, Flores take District Attorney's deal Times-Standard complete write-up
...Ken Quigley, father of Nicole Quigley, attended nearly every court appearance by Whitmill and Flores with many family members and friends. He expressed frustration that the District Attorney's Office never discussed the plea bargain with him or his family.

”We didn't find out until yesterday afternoon, late, that this was even in the works,” Quigley said on Friday. “We're very disappointed in how this worked out.”

He blamed District Attorney Paul Gallegos for settling instead of going for a stronger sentence.

”We have the most incompetent DA in the state,” Quigley said.

A call seeking comment from Gallegos was not returned by deadline Friday.

In a press release, the DA's office stated that it was a potential technicality that led to the decision to accept the pleas.
”The case has been delayed in going to trial as the defense has appealed the issue of defendant Whitmill's blood being drawn without his consent at a time when it was unknown who the driver of the vehicle was,” the release states.

Initially, Cheri Marcelli -- Whitmill's wife -- was listed as the driver in police reports but it was later changed to Whitmill.
Neither the California Supreme Court nor the Court of Appeals has ruled on the appeal, the DA's office said.

”Given that issue, the prosecution made the decision to accept the plea,” the release states. “The murder charge was dismissed in exchange for his plea to these counts with the agreement he would waive his appeal rights and be sentenced to the maximum term for each count.”

Flores also waived his right to appeal the case.

Quigley said he is not upset with the deputy district attorney who most recently prosecuted the case, Maggie Fleming, because she has only been on the case for two weeks. The case was “dropped into her lap,” he said.

”Maggie Fleming is excellent, she's brilliant,” Quigley said.

Franklin Zimring, a professor at that Boalt School of Law at the University of California, said there is no legal requirement for a DA to ask for the victim's family's input on plea deals or to keep them informed of developments.

”In large cities it's rare, but the smaller the town, the more visible cases are,” Zimring said. “And you have to remember ... it is an elected position.”

He said the practice of involving victims' families and keeping them informed varies from office to office and case by case.


Other coverage:
◼ KIEM-TV apparently refused to report Ken Quigley's negative assessment of DA Paul Gallegos.
Big Plea in Quigley Cast The Journal

Related:
09
Whitmill and Flores trial date delayed another month 08/04/2009
Whitmill, Flores take District Attorney's deal 12/05/2009
Jury selection begins in trial of Whitmill, Flores 11/23/2009
Whitmill, Flores trial to proceed 11/10/2009
Motion denied to suppress blood sample in Whitmill case 11/06/2009
Whitmill faces murder charge for alleged role in crash 10/15/2008
Quigley family, friends remember 9-year-old Nicole 10/06/09
Nearly one year ago 10/01/2009
Case surrounding fatal crash on Highway 299 delayed 09/15/2009
Too many delays 9/10/09
Legal maneuvers slow case of men charged in 9-year-old's death 09/01/2009
Whitmill and Flores trial date delayed another month 08/04/2009
Evidence, charges unchanged against Whitmill 07/17/2009
Evidence for second degree murder charge? 06/19/2009
Thinking of the Quigleys 05/29/2009
Remember Nicole 05/08/2009
Looking forward: Quigley family watches and waits as case continues 05/17/2009
Defendants in 299 wreck plead not guilty 03/28/2009
Judge holds Whitmill, Flores to answer for 299 wreck 03/14/2009
Wife refuses to testify against husband at preliminary hearing 03/13/2009
Investigator testifies suspect in fatal crash changed story 03/12/2009
Officer testifies about 299 crash at prelim 03/11/2009
Preliminary hearing over Highway 299 wreck continues 03/10/2009
Superior Court delays hearing in 299 crash case 02/11/2009
Broken system 01/23/2009

08
Hug your children 12/03/2008
Vehicular manslaughter suspect has extensive criminal history 11/13/2008
Whitmill-Flores hearing continued 11/06/2008
Street race case waiting on CHP reports 10/23/2008
Authorities seek Mustang passenger for questioning 10/17/2008
Court document: Flores tried to 'subvert' investigation 10/16/08
Whitmill faces murder charge for alleged role in crash 10/15/2008
Authorities arrest driver of Mustang 10/10/2008
New driver named in fatal collision 10/09/2008
Search continues for other driver in fatal crash 10/08/2008
◼ ER Parolee named as driver in fatal collision
◼ TS New driver identified in fatal crash
◼ TS New driver named in fatal collision
TS Update: ☛ TS Police still looking for driver
◼ TS Driver sought: Suspected drag race on 299 results in fatal crash

Note: there were other articles in the Eureka reporter, but none are available online anymore.

Friday, December 04, 2009

Paul Gallegos simply cannot do his job

Whitmill, Flores take pleas in deadly street race case Times-Standard breaking news
Whitmill, Flores take District Attorney's deal Times-Standard complete write-up
Two men involved in a street race on State Route 299 in October 2008 that caused an accident that killed a 9-year-old McKinleyville girl have accepted plea deals on the eve of their trial.

Jason Whitmill, 31, pleaded guilty to gross vehicular manslaughter while intoxicated and driving under the influence causing bodily injury. Anthony Flores, 19, pleaded guilty to gross vehicular manslaughter and hit and run.

Whitmill agreed to serve 14 years and eight months in prison, and Flores agreed to serve four years, according to Ken Quigley, the father of the 9-year-old girl, Nicole Quigley.

Whitmill and Flores were racing on Route 299 outside Arcata on Oct. 6, 2008. When Whitmill tried to pass Flores' vehicle, his car clipped a Chevrolet Tahoe, which spun off the road and slammed into a power pole.

The crash killed Nicole Quigley and seriously injured her mother, Debra Quigley, who were in the Tahoe.

Whitmill was initially charged with second-degree murder, vehicular manslaughter, driving under the influence causing injury and engaging in a speed challenge. Flores was first charged with vehicular manslaughter, engaging in a speed challenge and participating in a hit-and-run injury.

Jury selection was under way for their trial.


Big Plea in Quigley Cast The Journal

Could have told you, the family, the victims, were not consulted.

From the comments on the breaking news piece-
It is late in the evening I am worn out from the surprise attack that me and my family received from the District Attorneys office yesterday telling us that Mr. Gallegos had decided to work with the defense to Reward Mr. whitmill and mr. Flores with a lite sentence for lying and covering up evidence in the murder of Nicole Lynn Quigley. The local TV news channel interviewed me today after the decision was made, I told them that this is what happens when you have a State like California where the judicial system is broken and you live in Humboldt County which has the most incompetent District Attorney in the state. News Channel 3 made the decision to edit out everything negative I had to say about our District Attorney. The simple fact is that Mr. Gallegos did not prepare himself or his attorneys to handle a case of this magnitude now the citizens of Humboldt County will once again pay the price for Mr. Gallegos incompetence. Ken Quigley

We weep.

***
Related:
09
Whitmill and Flores trial date delayed another month 08/04/2009
Whitmill, Flores take District Attorney's deal 12/05/2009
Jury selection begins in trial of Whitmill, Flores 11/23/2009
Whitmill, Flores trial to proceed 11/10/2009
Motion denied to suppress blood sample in Whitmill case 11/06/2009
Whitmill faces murder charge for alleged role in crash 10/15/2008
Quigley family, friends remember 9-year-old Nicole 10/06/09
Nearly one year ago 10/01/2009
Case surrounding fatal crash on Highway 299 delayed 09/15/2009
Too many delays 9/10/09
Legal maneuvers slow case of men charged in 9-year-old's death 09/01/2009
Whitmill and Flores trial date delayed another month 08/04/2009
Evidence, charges unchanged against Whitmill 07/17/2009
Evidence for second degree murder charge? 06/19/2009
Thinking of the Quigleys 05/29/2009
Remember Nicole 05/08/2009
Looking forward: Quigley family watches and waits as case continues 05/17/2009
Defendants in 299 wreck plead not guilty 03/28/2009
Judge holds Whitmill, Flores to answer for 299 wreck 03/14/2009
Wife refuses to testify against husband at preliminary hearing 03/13/2009
Investigator testifies suspect in fatal crash changed story 03/12/2009
Officer testifies about 299 crash at prelim 03/11/2009
Preliminary hearing over Highway 299 wreck continues 03/10/2009
Superior Court delays hearing in 299 crash case 02/11/2009
Broken system 01/23/2009

08
Hug your children 12/03/2008
Vehicular manslaughter suspect has extensive criminal history 11/13/2008
Whitmill-Flores hearing continued 11/06/2008
Street race case waiting on CHP reports 10/23/2008
Authorities seek Mustang passenger for questioning 10/17/2008
Court document: Flores tried to 'subvert' investigation 10/16/08
Whitmill faces murder charge for alleged role in crash 10/15/2008
Authorities arrest driver of Mustang 10/10/2008
New driver named in fatal collision 10/09/2008
Search continues for other driver in fatal crash 10/08/2008
◼ ER Parolee named as driver in fatal collision
◼ TS New driver identified in fatal crash
◼ TS New driver named in fatal collision
TS Update: ☛ TS Police still looking for driver
◼ TS Driver sought: Suspected drag race on 299 results in fatal crash

Note: there were other articles in the Eureka reporter, but none are available online anymore.

Paykeeper Pete sues

Groups asks court to stop Marina Center project Times-Standard - Breaking link
Groups ask court to scrap Marina Center analysis Times-Standard more complete report
Appellants prepare for Coastal Commission hearing on Marina Center (some interesting revelations in today's report actually)
Four local environmental groups are asking a Humboldt County court to force the withdrawal of Eureka's environmental impact report on Security National's planned Marina Center development on the Balloon Track property.
Humboldt Baykeeper, the Environmental Protection and Information Center, the Ecological Rights Foundation and the Northcoast Environmental Center filed a petition today in Humboldt County Superior Court alleging that the city council abused its discretion and violated state law when it approved the final EIR on Nov. 3. The petition claims that the document failed to fully address the project's effects on the environment, including the plan to clean up toxic soils, mitigation for traffic, the rezoning of the property and the effects on wastewater facilities.

The groups are asking the court to order the city to withdraw its approval of the EIR, and to prevent Security National subsidiary CUE IV from commencing work on the Marina Center.


In other words, the predatory litigious Paykeeper Pete Nichols sued - for ERF, his predatory litigious parent organization, and drug the NEC along with him.

Suing deep pockets is what Pete Nichols is all about - nothing more.

Wednesday, December 02, 2009

Quote of the day

"We need to get some broad based support,
to capture the public's imagination...
So we have to offer up scary scenarios,
make simplified, dramatic statements
and make little mention of any doubts...

Each of us has to decide what the right balance
is between being effective and being honest."

- Prof. Stephen Schneider,
Stanford Professor of Climatology,
lead author of many IPCC reports

Tuesday, December 01, 2009

Fallout

Nuclear winter for science, brought about by corrupt, craven scientists. And by Al Gore, once the second most powerful man in the universe, who "played on our fears" and made himself immensely wealthy, assuaged his ego, and nearly brought our system to a standstill. We have yet to learn what Al Gore knew and when he knew it.

CLIMATEGATE SCIENTISTS TO STEP DOWN - TEMPORARILY
Topic: Climatic Research Unit
ClimateGate Laughingstock Scientist Fired Steps Down
The UN's IPCC Global-Warming Bunko Scam
Climategate: The White House Stonewalls with Stupidity Roger L. Simon

Watching the Board meeting today

Mark Lovelace is earning his keep today. It's funny to watch him pretend he cares about timber production. The truth is he cares about stopping all development.

***

Good going, Denver Nelson.

Sunday, November 29, 2009

ClimateGate

Scientists Are Not Software Engineers
The real shocking revelation in the Climategate incident isn’t the emails that show influential scientists possibly engaging in the disruption of the scientific process and possibly even committing legal fraud. Those emails might be explained away.

No, the real shocking revelation lies in the computer code and data that were dumped along with the emails. Arguably, these are the most important computer programs in the world. These programs generate the data that is used to create the climate models which purport to show an inevitable catastrophic warming caused by human activity. It is on the basis of these programs that we are supposed to massively reengineer the entire planetary economy and technology base.

The dumped files revealed that those critical programs are complete and utter train wrecks....

Tuesday, November 24, 2009

OK - you know you've seen Salzman and Co. positioning against Prop. 13....

Maybe now we know why...
ACORN Document Dump: California Voters, Prepare to Be ACORNed
Dumping 20k sensitive documents in a public dumpster isn’t anyone’s idea of smart. Even though the Attorney’s General office was about to visit the ACORN San Diego office, ACORN employees should have taken some steps to protect the information they were dumping. There are extensive federal and state laws in play here, with very serious civil and criminal penalties.
But, one shouldn’t take this to mean that ACORN is always and everywhere incompetent. You don’t build an international organization with offices in hundreds of US cities through incompetence. Part of ACORN’s secret is that it is really shrewd politically. ... is a plan for a 2-year ACORN campaign to repeal California’s Prop 13. That initiative, passed in 1979, restricts government’s power to increase taxes. One of its toughest provisions requires a 2/3rds vote of the legislature to raise taxes. ACORN, naturally, wants to scrap that....

ACORN wants you to believe that the documents they dumped last month are old fliers, leaflets and other out-dated garbage. They aren’t. The documents ...are current working documents. And, ACORN made a point of dumping them.
Stay tuned…

ACORN Dumped Sensitive Documents as Probe Began, Private Investigator Says stopacorn.org
Remember the ACORN OKLAHOMA Document Dump: The Oklahoma Power Plan which is SO reminiscent of the verbage we get in local "progressive" campaigns, as well as Ken Miller's happy plans for Humboldt County and Bonnie Neely following the Recall...

Just curious...

Recaps

(Donny Ray) Best held to answer to murder charge
The man accused of killing William John Lundy in a Trinidad trailer earlier this year was held to answer to a charge of murder after a brief preliminary hearing Monday.

”I find that there's sufficient evidence to hold the defendant to count one, murder,” said Superior Court Judge Timothy Cissna at the end of Monday's hearing.

Two Humboldt County sheriff's detectives who worked the case, and a California Department of Justice criminologist, were the only witnesses called to the stand Monday.

Best's attorney, Humboldt County Public Defender Kevin Robinson...The case is being prosecuted by Humboldt County Deputy District Attorney Ben McLaughlin.... Cissna set Best's arraignment date for Dec. 2.


Jury selection begins in trial of Whitmill, Flores
Jury selection is scheduled to begin today in the trial of Jason Whitmill and Anthony Flores more than one year after they are accused of participating in a street race down State Route 299 that allegedly caused a collision that killed a 9-year-old girl, according to the Humboldt County District Attorney's Office.

That special brand of cruelty set jury selection for this time of year, ensuring no peace for the family over the holidays.

'nuther shoe

Another EPD employee files suit against city
Former Eureka Police Department public information officer Suzanne Owsley filed a lawsuit against the city last week, alleging employment discrimination, harassment, wrongful demotion and the intentional infliction of emotional distress.
The suit -- which seeks unspecified damages in excess of $25,000 and was filed in Humboldt County Superior Court on Nov. 19 -- names the city of Eureka, EPD, Chief Garr Nielsen and EPD Records Manager Erin McBride as defendants, and is the second lawsuit filed in as many weeks against the city by current and former EPD employees.
Owsley, who spent 17 years working for the department before leaving in November 2008, alleges in the suit that Nielsen and McBride carried out a campaign of harassment against her that spanned months and included demoting her, doctoring her performance evaluation, barring her from setting foot on EPD property without a police escort and assigning her demeaning duties, including cleaning a women's locker room.
As a result of the alleged harassment, Owsley suffered a loss of employment, humiliation, mental anguish, emotional and physical distress and has been injured mentally and emotionally, according to the suit. At least some of the allegations contained in the suit were previously investigated by the city of Eureka, which found no evidence of wrongdoing, according to the suit....

In the suit, Owsley alleges that an errant text message, sent by Nielsen and received by her, and a complaint filed by her with the U.S. Equal Employment Opportunity Commission spawned the months of harassment. Owsley alleges in the suit that she received a text message from Nielsen on Dec. 14, 2007 -- the day after the city's Christmas party -- reading: “Sorry I was not much fun last night.” Owsley alleges that when she asked Nielsen about the message after receiving it, he denied having sent the message.
Owsley alleges later in the suit that she learned that EPD Communications Supervisor Tawnie Hansen was the intended recipient of Nielsen's text message, and that city employees believed Hansen was having an “inappropriate relationship” with Nielsen. Hansen filed suit against the city Nov. 10 alleging that she was being harassed due to this belief -- which she insists to be false -- and that the city failed to adequately investigate the alleged harassment she was suffering and bring it to a halt....

Another lawsuit hits City of Eureka "heraldo"(a)

Separate but related:
Down and Dirty
Tyson, City Sued on Harassment Charges
City of Eureka: Claims will be thrown out
MASSIVE LAWSUIT TARGETS EUREKA, CITY MANAGER Fri, Nov 13th, 2009 4:07
Tyson, City Sued on Harassment Charges Nov. 13, 4:38 p.m.
◼ TS EPD employee files civil suit against city 11/14/2009 1:30 AM
ABOVE THE LAW (Most all posts have been removed)
Turmoil at EPD Sat, Apr 5th, 2008 12:53 pm
Police anger at chief surfaces
Garr Nielsen named new EPD Chief Thu, Mar 15th, 2007 9:55 pm
KSLG to interview disgruntled cop blogger Fri, Apr 18th, 2008 11:57 pm
Nielsen cleared Sat, May 10th, 2008 9:11 am
◼ TS Complaint against chief found to be unsubstantiated
Nasty cops prompt ER (Eureka Reporter) crack down Thu, June 5th, 2008 8:15 am
Eureka Police blog spawns lawsuit Mon, June 29th, 2009 5:00 am
INNOCENT: Grand Jury concludes police chief investigation Thu, July 2nd, 2009 5:59 pm
Police Chief critic quits EPD Sunday, July 5th, 2009 at 12:01 am
Police blog lawsuit settled Fri, Aug 7th, 2009 12:30 am
GRAND JURY REPORT
◼ JN Broken Blue Line July 2, 2009
MASSIVE LAWSUIT TARGETS EUREKA, CITY MANAGER Fri, Nov 13th, 2009 4:07
Tyson, City Sued on Harassment Charges Nov. 13, 4:38 p.m.
◼ TS EPD employee files civil suit against city 11/14/2009 01:30:14 AM PST
‘Global investigation’ expensive Mon, Nov 16th, 2009 5:00 am
City of Eureka: Claims will be thrown out 11/18/2009

Thursday, November 19, 2009

One to watch: Excellent piece on Kevin Hoover and the grow house saga

◼ The Journal Eye Blackened
There's no love lost between the Arcata marijuana grow house scene and Kevin Hoover, editor/publisher of the Arcata Eye.

As neighborhood backlash against grows increases, as police takedowns become ever more common, and as national media take unwelcome notice of the quirky little town with 1,000 indoor pot farms, growers have pinned their frustrations on Hoover, who reports on the industry just about every week in his newspaper. He's been attacked in his own pages and on the Web. His motives have been impugned in flyers that were hung around town. Weed-related businesses have pulled their ads.

Now, though, one defendant in a criminal grow house bust has taken matters a step further -- by attempting to rope Hoover into his case. Daniel Carbonneau, who was arrested on June 25 after a raid at an Old Arcata Road home uncovered 275 pot plants and four pounds of marijuana, has subpoenaed a long list of internal Arcata Eye documents and correspondence, apparently in an effort to prove that Hoover had been working with the police.

"This is a common tactic -- to make the reporter part of the story so they can't report on it," Hoover said outside a Humboldt County courtroom Tuesday. A hearing on the matter had been scheduled for that morning, but was postponed to January 12.

Since Hoover intends to battle the subpoena, the case could turn out to be a test of California's shield law, which generally protects reporters from being compelled by a court to turn over unpublished information relating to their work. Shield laws in California and other states are founded on the idea that reporters must be able to operate independently of law enforcement, and must be able to protect confidential sources and other privileged material if the press is to function.

But Carbonneau attorney Steve Schectman, who has worked extensively in California medical marijuana law, alleged Tuesday that Hoover already does work with the law enforcement in documenting and taking out grow houses. Schectman said that he had plenty of "anecdotal" evidence to suggest that Hoover operated as a police informant in his client's case, and therefore is not entitled to immunity under the shield law....


Vilca/Recall-shill Steve Schectman resurfaces, and there's never anything good when he enters the picture. He's becoming the poster child for a muscular new kind of criminal arrogance that breaks laws and then demands everyone not only overlook that and not hold them accountable, but give them a whole new slew of rights and accommodations.

Re: Daniel Carbonneau: (and remember to click the Schectman link in the left sidebar labels)
◼ TS APD serves pot warrant, one arrested 06/26/2009
The Arcata Police Department seized 275 growing marijuana plants, along with about four pounds of processed marijuana, and arrested one man on suspicion of illegal cultivation Thursday.
According to an Arcata Police Department press release, Daniel Carbonneau, 38, of Arcata, was arrested without incident and booked into the Humboldt County jail on suspicion of illegal marijuana cultivation.


Keep up the good work, Kevin. Many, many people in the community support you.

Just for Fun:
Great Christmas Gifts - Order Kevin Hoover’s acclaimed Police Log books!
The Police Log: True Crime & More from Arcata, California
The Police Log II: The Nimrod Imbroglios

ON THIS DAY IN ARCATA

Really? Only Two Possibilities?

Everyone is fucking everyone else or thinking about everybody fucking everybody else? Those are the only two possibilities here?

Down and Dirty
...It seems to me that these two cases merely present the informed public with a range of questions that, though unanswerable, help us to understand how city government works. Is everyone in Eureka City Hall doing it up, down and sideways 24 hours a day, in every conceivable combination, as if it were the last days of the Roman Empire? Or does everyone just imagine that everyone except them is getting loads of action, resulting in a funky yellow stew of rage inside Fifth and K? Or are both things true, to one degree or another?

One of the above scenarios must be the case....


Better shut down City Hall then.

There are a number of other possibilities here, CHIEF among them is someone is looking for a nice chunk of go-away change.

Tyson, City Sued on Harassment Charges

Wednesday, November 18, 2009

Oh the irony...

City of Eureka: Claims will be thrown out
...Reached Tuesday, former Eureka City Councilman Chris Kerrigan said he and sitting Councilman Larry Glass met with Hansen at some point in or around the summer of 2008, while Kerrigan was still in office.

”She did talk with and meet with both Larry and I, and her concerns were not only about the city manager but about her situation with the police force,” Kerrigan said, declining to discuss the details of Hansen's concerns. “My recollection was that it encompassed both: her concerns with the city manager and her concerns with her own workplace environment. I do recall that the city attorney was notified, and if it wasn't (Hansen) it was myself who, as the next step, talked to the city attorney.”

Glass confirmed Tuesday that he attended the meeting with Hansen and Kerrigan, but declined to go into any details....

Tuesday, November 17, 2009

November 18, 1978 918 people died

in Jonestown, Guyana.

Uh, that horse has already left the barn

...Despite laws that prohibit such behavior, the city says it's not going to stop the camping as long as the campers keep a low profile....
Homeless encampments temporarily set up at Eureka City Hall parking lot

So, the in-your-face setting up in your City Hall Parking Lot is "low profile"? Front page of the newspaper is low profile? Next thing you know the City has a new "Homeless Park" right there, with the City having to order porta-potties and bring in cooking facilities.

Sure raises lots of questions about City liability: How are they cooking? Propane stoves? Hibachis? What happens when one of them gets burned? Where are they going to the bathroom?

It also raises questions about who gets to decide he doesn't like the law and choose to not enforce the ones he doesn't like, while throwing the book at others. If you are going to ignore the law, repeal it. Otherwise, it is Nielsen's job to enforce it. Like it or not.