watchpaul: The worst case

Monday, May 18, 2009

The worst case

◼ Looking forward: Quigley family watches and waits as case continues
Throughout the court proceedings for Flores and Whitmill, the Quigley family and their many supporters have donned their pink shirts -- Nicole's favorite color -- and watched intently in the courtroom.
Ken Quigley has watched as both Flores and Whitmill were appointed public counsel and waived their right to a speedy trial, often pushing back their court dates. Although it is a routine practice, as months go by, the process becomes ever more frustrating for Ken Quigley.
”Why do they need three months to try to poke holes in the prosecution's argument?” he asked. “It's frustrating as hell, the whole system is frustrating.”...

...Speaking generally about court cases, Gallegos said, “the problem is, you have an aggrieved victim and an aggrieved community. But the courts don't want to visit one harm on another, and that would be the depravation of a person's right to prepare their defense. But the courts aren't going to let it go on forever.”...

The comments following the article are particularly interesting.... :...Remember when Dave Gunderson's wife walked into the McKinleyville sub station? They had him arrested and jailed and sent to trial in zero time.

Now look at this situation. Two men are responsible for the death of a young girl, and they're dragging their feet...." "I'll tell you how this ends... A plea deal with the these two guys getting off with the hefty burden of probation. Wanna bet? Our DA is a softy." "Revelation, a woman drove a car out of control and careened into an oncoming pickup truck killing a man. She was fined $627 dollars, required to perform 100 hours of community service..and serve two years of probation...

A man runs down and kills a man and gets five years probation."...

This case and the bicycle case, it will be interesting to see how they are handled.

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.

1 comment:

Anonymous5/18/2009 7:56 AM
And after 9 months of what must have been intense investigation into the murky facts, the DA gives birth to a manslaughter case against Mr. Bear. What does he do, keep them on ice until he needs a headline? Anyway, have a cigar.
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Paul Gallegos

The Humboldt County Grand Jury found that "Weak leadership and poor managerial practices" have undermined the office... Implicit in all evidence gathered by the Grand Jury - including interviews with the D.A. (Paul Gallegos) - is the unfortunate truth that the D.A. (Paul Gallegos) exhibits a limited understanding of how things are done in the department" Gallegos "lacks the global perspective needed to keep the department operating efficiently," and quotes an unnamed staff member as saying, "The D.A. (Paul Gallegos) does not fully understand the functionality of many of the things we do here" - Years later, in his own words: "I’m not an administrator, they didn’t elect me to be an administrator, they elected me to make sure this office runs..."

Douglas & Zanotti

CASE TOSSED The district attorney misrepresented the law and failed to provide evidence of former Eureka Police Chief David Douglas' and Lt. Tony Zanotti's innocence during a criminal grand jury inquiry into the 2006 shooting death of Cheri Lyn Moore, defense attorneys argued in court documents filed Thursday... ”Our judicial system stands as a real and necessary check on the grand jury indictment process,” one of the documents states. “This court has the authority and the means by which to halt this prosecution, which is justified neither by the undisputed facts, nor by the law.”

Gallegos has taken what was "arguably the state's best small DA's office, with a cutting edge CAST program that "trained the trainers"... into a bunch of time serving bureaucratic wannabee brown nosers, lightly sprinkled with a couple of earnest learners who are sure to split as soon as possible.

One weeps for Max Cardoza who won Angellel, and for Maggie Fleming who won so many impossible victories. Mired in Humboldt for personal reasons, they have to suffer the ignominy of working for Paul, with Yougo, yes, yougo who has freed more people as a prosecutor than he did as a defense attorney. As has Paul. Anonymous comment

Gallegos has answers for everything. I’ve never met anyone whose answers came so quickly, with such polish - except about his law school(s). He likely sounded the same way when promising to get prosecutors off their anachronistic “at will” status and onto civil service status. It never happened. Indeed, he told them, “Disloyalty will not be tolerated” – a real morale builder.

He sounds great. What progressive doesn’t want to believe in him? But it’s a myth. He’s an intellectual lightweight and self-aggrandizer who tries to please everybody with glib answers. Jim Fahey for The Arcata Eye

The Humboldt County DA's office is one of the most exciting prosecutorial
offices in California.

Its District Attorney, Paul Gallegos, is willing to charge anyone who commits
wrongdoing--no matter how wealthy, sacrosanct, or ruthless. He believes in total equality before the law. He also plans to be innovative in promoting programs of prevention and treatment. He wants to make it the best prosecutorial office of its size in the nation.... Gallegos' Help Wanted ad

Gallegos' OWN Quotes

★ ...District Attorney Paul Gallegos said he believes the statute of limitations clock, even on misdemeanors, doesn't start running until law enforcement knows or reasonably should have known of the offense. In this case, Gallegos said, that means the statute of limitations would not run out at least until Feb. 8, 2009, or one year after Gundersen's arrest and the discovery of the photographs in question...

★ "...some people actually molest out of different feelings, some times out of feelings of love....” DA Gallegos explaining why Child Abuse prosecutions were down

★ “I never said that the information was not available under the Freedom of Information Act. Quite the contrary, I informed you that our use of force policy is not a public record.” Paul Gallegos to the Times Standard 5/25/07

★ ...“One is that I do everything to make people happy which means I don’t stand for anything except for just something,” he said. “The other is I stand for something and I try to be a leader and take some people, a group of people, a community someplace and I say guess what folks, this is who I am. I stand for your beliefs. We share these beliefs or we don’t. You get the option to judge that. This is who I am and I am committed to leading us this place, wherever it is...." Eureka Reporter Gallegos defends record, looks ahead 7/3/2005

★ Note the difference between what he SAID, and what he DOES..."...So what are these issues? Top on Gallegos' list is the proliferation of "garbage cases," small-time crimes and overcharged cases that he said are clogging up the court system.

Garbage cases, said Gallegos, come in two forms: Cases that would lose if actually brought to trial and cases that are overcharged for the crimes committed. The idea behind filing both kinds of garbage, he said, is to get the defendant to plead guilty, netting a conviction without having to go into court.

Again, the IRONY is astounding! Look at what he SAYS, and then think about what he DOES! "Probably 95 percent of the cases that are filed plead guilty. In fact, there are a lot of cases that are filed on the assumption they will plead guilty, because of the time and expense involved in defending them. But these cases shouldn't even be filed in the first place, because if they were challenged, they would lose," Gallegos said. Better yet: If they weren't filed at all, it would save the county time and money...." North Coast Journal 2/21/02 Too bad he didn't take his own advice.

★ “Tim’s a stud,” he said. “He really is; anyone would be stoked to have him.” Gallegos on his second in command right hand man Assistant District Attorney Tim Stoen. (Former second in command right hand man to Jim Jones/People's Temple.)

NOTE:

"Helping Crush Progressivism" - ie: exposing the predatory litigious orgs and those who seek power for power's sake.... The original purpose of watchpaul is to post important documents relating to Humboldt County District Attorney Paul Gallegos and his handlers who seek to gain power through the acquisition of political offices. This includes, but is not limited to, the manipulations of "Humboldt Watershed Council," "EPIC," "Baykeeper," and other activist groups - the unregulated orgs. It also includes the master manipulators, such as Richard Salzman and Ken Miller.

Links to key stories and documents are also included in the sidebar, so that you do not have to try to scroll back through what has become a lengthy series of posts. I encourage you to use the Search and Labels features as well.

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Monday, May 18, 2009

The worst case

1 comment: