Sunday, November 29, 2009


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
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...


(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
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
◼ JN Broken Blue Line July 2, 2009
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


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.

Monday, November 16, 2009

Big money in Predatory Litigation

Hmmm. Pg. 1 In 2008... Mateel Environmental Justice Foundation, $1,775,300.00, Attorney's Fees and Costs...$1,060,000.00... if I am reading this right, they gave a shitload of money (other distribution) to ERF (Ecological Rights Foundation), that would be "Humboldt Paykeeper's" predatory litigious parent... Pg. 26-31 from 2000-2008..., you got a calculator, heraldo? Pg. 26 1/3/08...$10,000.00, 1/14/08...$20,000.00, 1/22/08...$15,000.00, 1/23/08...$15,000.00, 2/15/08...$20,000.00, 2/19/08...$20,000.00; Pg. 27 3/3/08...$20,000.00 (ERF and CATS), 3/3/08...$5,000.00, 3/3/08...$20,000.00, 3/26/08...$15,000.00.... and on and on and on it goes

Pg. 2 from 2000-2008... $14,166,687.00...280 settlements... Attorney's Fees and costs... $7,917,000.00

AND The "Ecological Rights Foundation" themselves another 38 settlements,,, $950,000, 750.00, roughly half of that in lawyers fees and costs...

That's just in one document re: Prop 65. More money to CATS, ◼ KFPA ($35,000.00 and $15,000.00 Fifty grand? Is that a radio station?What'd the radio station do for that?)

California Proposition 65
Funny, As You Sow shows up here too...

ongoing, will add links

The Mirror picked it up:
Proposition 65: How to exploit a good-intentioned law to divert money to shadowy, litigious environmental groups (Feb. 11, 2010)
With a legal loophole on their side, 2008 was a spectacularly profitable year for the Mateel Environmental Justice Foundation. Never heard of the Mateel Environmental Justice Foundation? That’s not surprising. Mateel is a quiet little operation based out of Eureka that targets big businesses whose corporate headquarters are mostly far away from California in places like Maryland, Illinois and Ohio. According to California’s Attorney General’s Office, which tracks Prop. 65 lawsuits, Mateel settled 39 lawsuits in 2008 for over $1.7 million. Kudos to local lawyer William Verick for representing Mateel and raking in a hefty $1.06 million in attorney fees — roughly 60 percent of the total money awarded in the settlements.
But it’s not just warning labels, product reformulations and excessive attorneys fees that Mateel is after. Through Prop. 65 lawsuit settlements, Mateel also pilfered a shit load of additional dollars through “other distributions” that was handed over to other environmental groups, left-leaning radio stations and other interesting folks. How much? Well, just a paltry $619,850 in 2008.
So, just where did all that extra cash go from the Prop. 65 bonanza payouts?

Show us where the money comes from...

Paykeeper Pete Nichols knows how to use free media to spread his lies message. During Gallegos' election, he and his wife put out the meme that Humboldt County's CAST team was just like big city Los Angeles' team. Remember the letters and quotes of the lovely, missing in action Kay Rackauckus? His willingness to twist the truth there ought to tell you everything you need to know about the man. But he uses free My Word's, free airtime on radio stations to spread his propaganda. He uses it to paint a nice benevolent facade for his predatory litigious org. It works in other areas.

More and more, as scrutiny is applied to him and his activities, the truth is coming out. Today's response to Sneaky Pete's My Word is very interesting...

Humboldt Baykeeper should come clean about the Marina Center
For many years, Humboldt Baykeeper has been saying that the Balloon Track should be cleaned up. But now that the cleanup is about to happen, Baykeeper is demanding that the Balloon Track should not be cleaned up until more unspecified work is done at some unspecified time in the future. Why has Baykeeper suddenly changed its tune?

Last week in this column, Baykeeper wrote that it wanted to “clear the air” about its opposition to the cleanup. We think that's a step in the right direction, but Baykeeper has not gone far enough.

Baykeeper may have given the impression that it opposes the cleanup because of the goodness of its heart, but Internal Revenue Service records show that some unidentified people have paid Humboldt Baykeeper nearly $2 million over the past few years, and that Baykeeper has paid lawyers and experts hundreds of thousands of dollars. This big money did not come from member dues, which in 2008 were only $16,000 -- not enough to pay even the salary of Pete Nichols.

Humboldt Baykeeper and its parent organization, known as Ecological Rights Foundation, should come clean. The public is entitled to know who is paying for Baykeeper's fight, and whether those people just happen to be wealthy businesses who don't want any competition from the Marina Center.

Baykeeper argues that “Security National is attempting to slip through a sham cleanup.” But when Baykeeper is pressed about what is wrong with the cleanup, the group has only vague responses.

The main objection, according to Baykeeper, is that the property has not been “fully characterized.” But the proposed cleanup is an interim cleanup, which is a cleanup done before all relevant data has been collected and before decisions have been made on final cleanup plans. Interim cleanups are performed when there is an obvious issue that can be resolved without waiting until the end of a long process. Here, dioxin has been found in ditch sediments. CUE VI will have those ditch sediments excavated, removed from the property, and properly disposed of. How can anyone object to that?

Someone may wonder how CUE VI knows when to stop digging. In this kind of excavation, the contractor starts by digging out a reasonable amount. In this case, the initial excavation areas were identified in the consultant's proposal to the Regional Water Quality Control Board, and were approved.

When the initial excavation is complete, the consultant takes samples from the excavated area, has those analyzed by a laboratory, and submits the results to the Regional Board for discussion on whether more dirt should be excavated. The excavation is complete only when the confirmation samples are satisfactory to the Regional Board.

Baykeeper sometimes takes credit for the cleanup of the Simpson Mill site at the foot of Del Norte Street. That site was used for penta treatment, and penta contains dioxin. The levels of dioxin at that site were many, many thousands of times higher than those at the Balloon Track, which was never used for penta treatment.

Baykeeper likes to talk about how many samples were taken at the Simpson site. But it does not talk about the levels of dioxin at the two sites. At the Balloon Track, CUE VI will be excavating soils with relatively low levels of dioxin. At the Simpson site, soils containing higher levels of dioxins will be capped and left in place with Baykeeper's blessing.

In the end, what counts is the quality of the cleanup. The cleanup of the Balloon Track goes beyond what is required by regulatory agencies and what has been accomplished at other sites.

If the cleanup plan is so bad, why hasn't Baykeeper brought in one of its experts to explain what is wrong with it? Baykeeper has hired many experts for the Balloon Track litigation. Not one of these experts has appeared before the City Council, and not one of these experts submitted any report about the cleanup to the Regional Board. This lack of technical expertise may explain why Baykeeper's arguments are so vague.

Baykeeper had an opportunity to convince the Regional Board that the cleanup was inadequate, but the only technical objections Baykeeper made to the proposed cleanup were in a letter from Baykeeper's lawyer.

Not surprisingly, the Regional Board was not persuaded by any of Baykeeper's objections. In mid-October, the Regional Board concluded that the cleanup should be implemented as proposed.

Humboldt Baykeeper should therefore come clean about what is really going on. Like anyone else, it is entitled to have its opinion about whether the Marina Center is good for the community. But if it is opposing cleanup because opponents of the Marina Center will do anything to delay that project, and if Baykeeper is receiving large amounts of money from project opponents, Baykeeper should not be hiding that information. The public has a right to know.

Randy Gans is a vice president of Security National Properties.

The implication that Pierson is also helping fund "Paykeeper" is certainly there. Wonder if it is merely a donation, or if there is a contractual arrangement. 'Bout time we did find out.

Gans throws down on Nichols in today’s Times-Standard The Mirror

$16,000 in member donations sure doesn't pay for the fancy boat (Boston Whaler), the nice Old Town storefront office, the line of T-shirts, the nice signage, and all the concerts and fundraisers, much less Sneaky-Pete's salary, at least one attorney on staff, the scientific tests, and all that.

While legitimate business people in Old Town struggle to afford the rent, these bloodsucking incestuous activist groups rake in the big bucks.

Sneaky Paykeeper Pete's My Word: ◼ Clearing the air
It is time to clear the air of the confusion around the environmental community's apparent lack of desire to see Eureka's Balloon Track property cleaned up. Let me be clear, Humboldt Baykeeper, and other environmental groups, want nothing more than to have the Balloon Track cleaned up to the fullest extent for the health of our bay and community. Period. In fact, Humboldt Baykeeper has worked longer and put more time into getting that property truly cleaned up than anyone else.

At the heart of the issue is the Supplemental Remedial Action Plan (SIRAP) put forth by Security National (CUE VI) -- a plan which will not accomplish the goal of clean-up of the Balloon Track. Security National is attempting to slip through a sham cleanup for the Balloon Track, skirting applicable environmental laws, such as the California Environmental Quality Act (CEQA) and the California Coastal Act, and the city of Eureka appears to be assisting them in this attempt. It is highly unlikely that these actions will pass muster with the California Coastal Commission, which will be the next governmental body to weigh in on this matter.

The city of Eureka has had many opportunities over the past 20 years to take on Union Pacific over the contamination at the Balloon Track, but the city never had the intestinal fortitude to follow through with any action. Nearly four years ago, Humboldt Baykeeper alone stood-up and took on Union Pacific with a lawsuit, enforcing federal environmental laws, to force them to clean-up the Balloon Track so it could be redeveloped and utilized by the community as it is zoned, for “public use.”

Security National has since purchased the property, inheriting the lawsuit along with it, and now has essentially legally and financially shielded Union Pacific from any liability for clean-up. It is important to note that the decision to purchase this property was made knowing full well that the property is contaminated, and Security National is now a responsible party for the cleanup. Humboldt Baykeeper has every intention of holding Security National, as well as Union Pacific, responsible for a full characterization and clean-up of the property.

It has always been the contention of Humboldt Baykeeper that Security National can build whatever they like on the Balloon Track site as long it is fully characterized and cleaned up, and as long as they comply with all provisions of the law. What Security National cannot do is sidestep the law and public process to ram through piecemeal actions on their way to an inadequate cleanup in an effort to achieve their end goal.

The greenwashing of their project with pleas to “just let us get started” to cleanup the property is a transparent tactic. Humboldt Baykeeper has been asking Security National to do just that for years and we would step aside tomorrow if Security National would really do the right thing for the environment: fully characterize and cleanup the Balloon Track. It is truly that easy.

Unfortunately, there seems to be a cloud of influence that hangs darkly over the city of Eureka. I find it disturbing that the city has agreed to a generous “indemnification” agreement with Security National for any legal liability regarding the Marina Center project. This essentially hands the keys to the city of Eureka over to Security National regarding all things Marina Center.

This is unfortunate. The city of Eureka as lead agency for this project is charged by state law with requiring that environmental review of the project meets all of the requirements of CEQA. If Councilman Leonard, and others, truly believes that the FEIR they certified to under CEQA is one of the best he has ever seen, then why not be bold enough to defend it? Isn't that why they are elected in the first place?

Instead, Mr. Leonard and the council voted to certify what they know is an inadequate FEIR and then pleaded with environmental groups to “cease fire” on lawsuits for six months. If Mr. Leonard had as much of a grasp on CEQA as he proclaims, he would know that an individual or organization has only 30 days to legally challenge a project under CEQA.

If the City Council truly wanted a 6-month cease fire, they should have recirculated the FEIR and repaired the major flaws in the document as was repeatedly recommended by Baykeeper and others. The city had plenty of time to consider the ramifications of their action and will most certainly be informed by the courts that their environmental review of the Marina Center is woefully inadequate and incomplete.

Humboldt Baykeeper will continue to demand full characterization and cleanup of the Balloon Track. We have every intention of completing what we started four years ago for the health of the bay and the community. I am more than happy to talk with anyone about our actions and Humboldt Baykeeper's work to cleanup the property. I can be reached at 268-0664.
Pete Nichols is the executive director of Baykeeper.

Sunday, November 15, 2009

Don't use the "S" Word, substitute "Economic Democracy" they can be sold door to door, just like Fuller Brushes

What are the 10 Steps from Freedom to Socialism?
"The 10 Steps For Taking Over a City"? (The movement was a predecessor to ACORN). At the bottom of the page, it mentions the plan for Sacramento. And they implemented much of it... Anybody remember?

There is work being done transcribing old materials, newspaper articles and the like, so that it will become part of the online searchable data base. Things like this will unearth many a modern day politician's Van Jones moments. Rather like Pelosi's admonishments never to sign a bill you haven't read. These way-back machine moments haven't gone down the Memory Hole just yet.

Look at the CED (Campaign for "Economic Democracy" plan... kinda sounds like our local boys... Remember "Balls to the Wall" Ken Miller/Richard Salzman/Michael Twombly?

Saturday, November 14, 2009

Ugliness in Eureka - and more go-away money?

An ongoing saga, or an amped up salvo in the Marina Center war... another case that could be a novel. You've seen how the positioning happens, the first stirrings show up on the Humboldt Herald blog, then the allegations cut loose in the comments, next it shows up in another form, and gets picked up in the papers. And by then the damage is done.

A year or so ago, discontent at EPD blew up into the Blogsphere with the advent of a blog called "Above The law." It seemed to be a case of playing the Herald game, using the blog to anonymous air complaints, allegations and, perhaps, facts. Whichever it was, the message was clear, people weren't happy with the new police chief, Garr Neilsen.

That blog ended up being taken down, the reasons unknown, either it had served its purpose or the threat of litigation had an effect. It was talked about on the blogs, but not too extensively.

For those who weren't following it, the details are to be found at the links in this post, but the short version is that there were allegations that Neilsen was having an affair with Tawnie Hansen, and that she received favorable treatment as a result. Both she and Neilsen deny it, and she ended up filing a lawsuit against Former Eureka Police dispatcher/EPD Support Services Manager Devora “DeeDee” Wilson, a woman she perceived to be in on the blog - that resulted in a settlement and the whole thing appeared to be over.

More recently, in apparently unrelated events, the Marina Center project has made some progress, coming to the forefront, and the Humboldt Herald heralded the beginnings of the takedown of City Manager Dave Tyson.

Lo and Behold. Ms. Hansen springs forth with another lawsuit, targeting Dave Tyson
(Added: The Complaint is date stamped November 10, 2009.)
It breaks on the Herald,
MASSIVE LAWSUIT TARGETS EUREKA, CITY MANAGER Friday, November 13th, 2009 at 4:07
The Journal blogs it,
Tyson, City Sued on Harassment Charges Nov. 13, 4:38 p.m. noting that:
The suit is saucy in the extreme. Key passage here:…
(b) Tyson had a personal friendship and aligned himself with Wilson, a member of the anti-Chief Nielsen group who Tyson was aware had publicly criticized Chief Nielsen at a City Council meeting and who he also knew was an adversary to Hansen;

(c) at the same time, Tyson, who spoke openly to Hansen of his potential sexual encounter with an elected Eureka official, had previously flirted with Hansen in public — including touching her in a suggestive manner — and intimated to her that he would be desirous of her performing a specific sexual act with him;

(d) Hansen rejected Tyson’s sexually aggressive overtures and never did or said anything to convey to Tyson that she was open to them;

(e) Tyson, having been rebuffed by Hansen in this regard, was both angry with Hansen and jealous of Chief Nielsen when he learned of the above-described defamatory statements regarding Hansen’s purported affair with Chief Nielsen, which statements Tyson apparently believe were true; and

(f) given these misplaced beliefs and his alignment with Wilson, Tyson had no desire to take any steps to have the defamatory publications stop or to bring to end the harrassing conduct to which Hansen was being subjected.

◼ TS EPD employee files civil suit against city 11/14/2009 1:30 AM

Wow. Is he (Hansen's Attorney, Alan Goldberg) writing a steamy novel? Or is this a lawsuit? Are these allegations or facts? It’ll be interesting to see how it plays out. The timing dovetailing with Heraldo’s blog release has already raised questions (see comments on "his" site as well as the Times Standard site), and the obvious positioning against Tyson that has been going on there… looks like more scorched-earth politics and settling a political vendetta…

Two things jump out at me... one is she (Hansen) is alleging that broadening the scope of investigation was a delaying tactic, when it would seem to be acting responsibly to conduct a thorough investigation in an obviously complicated and delicate matter. Broadening the investigation certainly doesn’t amount to disrespecting her complaint or attempting to sweep it under the rug.

And two… whether he wanted to or not, he could not do much, if anything, about a blog that may or may not have been posted by a city employee on their own time - that is a matter of free speech and not something he can just command to stop in any circumstances.

Union rules and employer/employee laws would also apply in almost all aspects, not a simple thing in any way shape or form.

Something doesn’t smell right. Jus’ sayin’. If you read below, the names involved....

As of last week, it is far from over. It's the talk of the town, no one I have heard speaks well of Ms. Hansen as they speculate as to the truth of the allegations and affairs. And regardless of the truth of the allegations, because that's what they are at this point, many people will be hurt by this. Already have been, if the comments threads at the Times Standard and Humboldt Herald blog are any indication. The comments at the latter already meet or surpass those that were on the Above The Law Blog, just a different target.

ABOVE THE LAW (Most all posts have been removed)
Turmoil at EPD Saturday, April 5th, 2008 at 12:53 pm
Police anger at chief surfaces
Garr Nielsen named new EPD Chief Thursday, March 15th, 2007 at 9:55 pm
KSLG to interview disgruntled cop blogger Friday, April 18th, 2008 at 11:57 pm
Nielsen cleared Saturday, May 10th, 2008 at 9:11 am
◼ TS Complaint against chief found to be unsubstantiated
Nasty cops prompt ER (Eureka Reporter) crack down Thursday, June 5th, 2008 at 8:15 am
Eureka Police blog spawns lawsuit Monday, June 29th, 2009 at 5:00 am
INNOCENT: Grand Jury concludes police chief investigation Thursday, July 2nd, 2009 at 5:59 pm
Police Chief critic quits EPD Sunday, July 5th, 2009 at 12:01 am
Police blog lawsuit settled Friday, August 7th, 2009 at 12:30 am
◼ JN Broken Blue Line July 2, 2009
MASSIVE LAWSUIT TARGETS EUREKA, CITY MANAGER Friday, November 13th, 2009 at 4:07
The Journal picks it up, ◼ 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 Monday, November 16th, 2009 at 5:00 am
City of Eureka: Claims will be thrown out 11/18/2009
A lawyer representing the city of Eureka issued a statement Tuesday saying the city is confident the more than $1 million harassment lawsuit brought against it by a police department employee will be thrown out of court.

EPD Communications Supervisor Tawnie Hansen -- a 14-year employee of the department -- filed the suit Nov. 10, alleging that the city, and specifically City Manager David Tyson, vindictively and unreasonably delayed an investigation into complaints that Hansen was being harassed by other department employees.

In the statement, Adrienne Moran, of the Santa Rosa law firm Shapiro, Galvin, Shapiro and Moran, said she will be defending the city.

”The city has thoroughly investigated Ms. Hansen's claims and could not substantiate them,” Moran said in the statement, adding that the city is confident the “claims against Mr. Tyson and the city will be thrown out.”

Last week, Tyson denied all the allegations in Hansen's suit....

Hansen's attorney, Alan Goldberg, told the Times-Standard last week that this is not the first time Hansen has made these claims, saying she told at least one council member and the city attorney of the alleged incident between her and Tyson shortly after it happened.

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.

”Tawnie did indeed meet with me and Chris,” Glass said. “She had a number of concerns that she brought to us. That's all I can say at this point.”

City Attorney Sheryl Schaffner declined to comment for this story, saying that Moran is handling all media inquires about the case....

Beautiful day for a wedding on the beach.

Blessed be Jack Durham and Kim Allen. Rambling Jack and the Goddess.
Rambling Jack's Laboratory
McKinleyville Press Blog

Thursday, November 12, 2009

Pretty impressive

Found it following a link of Eureka Now! Now we just need a real world flyover of what it really looks like now - derelict property that it is. Would be a pretty stark contrast if you ask me.

I have a weakness for architectural renderings and these are also pretty impressive.

Cap'n Buhne on the upcoming election extravaganza

This and more at ◼ Eureka Now! Bookmark it.

Saturday, November 07, 2009

Mike Thompson - are you voting for this?

◼ h/t: Holger

The Answer has been given. Mike has just saddled every generation to come with a massive bill. I hope he sleeps well.

ARE YOU VOTING FOR THIS??!!?? Buy a $15,000 Policy or Go to Jail; Failure to Comply, 5 Years in Prison...

Ask him, Hank!

“Criminal penalties

Prosecution is authorized under the Code for a variety of offenses. Depending on the level of the noncompliance, the following penalties could apply to an individual:

• Section 7203 – misdemeanor willful failure to pay is punishable by a fine of up to $25,000 and/or imprisonment of up to one year.

• Section 7201 – felony willful evasion is punishable by a fine of up to $250,000 and/or imprisonment of up to five years.” [page 3]

PELOSI: Buy a $15,000 Policy or Go to Jail;
...Ranking Member of the House Ways and Means Committee Dave Camp (R-MI) released a letter from the non-partisan Joint Committee on Taxation (JCT) confirming that the failure to comply with the individual mandate to buy health insurance contained in the Pelosi health care bill (H.R. 3962, as amended) could land people in jail. The JCT letter makes clear that Americans who do not maintain “acceptable health insurance coverage” and who choose not to pay the bill’s new individual mandate tax (generally 2.5% of income), are subject to numerous civil and criminal penalties, including criminal fines of up to $250,000 and imprisonment of up to five years.

In response to the JCT letter, Camp said: “This is the ultimate example of the Democrats’ command-and-control style of governing – buy what we tell you or go to jail. It is outrageous and it should be stopped immediately.”

Liveblogging: The new Imperial Congress votes on Pelosicare; Update: Female Democrats turn House resolution process into circus; GOP responds; Obama rallies weakened Dems

E-Mail Mike Thompson
231 Cannon Office Building
Washington, DC 20515
Phone: (202) 225-3311 (I've just been told that he knows that is in there and is voting for it anyway, and that there has been some "miscommunication" - I guess that means that section isn't supposed to exist. Did he pull it out?)
Fax: (202) 225-4335

1040 Main Street, Suite 101
Napa, CA 94559
Phone: (707) 226-9898
Fax: (707) 251-9800

317 3rd Street, Suite 1
Eureka, CA 95501
Phone: (707) 269-9595
Fax: (707) 269-9598

430 North Franklin Street
PO Box 2208
Fort Bragg, CA 95437
Phone: (707) 962-0933
Fax: (707) 962-0934

712 Main Street, Suite 1
Woodland, CA 95695
Phone: (530) 662-5272
Fax: (530) 662-5163

Friday, November 06, 2009

Motion denied to suppress blood sample in Whitmill case

Motion denied to suppress blood sample in Whitmill case
A motion to suppress evidence was denied earlier this week in the joint case of two men who allegedly raced down State Route 299, causing a collision that killed a 9-year-old girl in 2008, according to the Humboldt County District Attorney's Office.
Humboldt County District Attorney Paul Gallegos said his office received the ruling Wednesday that the blood withdrawn from Jason Whitmill, 31, was lawfully drawn even though it was taken without Whitmill's consent.

That motion was the third in an attempt to suppress the blood-alcohol evidence and it was denied by Humboldt County Superior Court Judge Dale Reinholtsen, Gallegos said.

Whitmill and Anthony Flores, 19, are accused of allegedly being involved in a street race on State Route 299 outside Arcata on Oct. 6, 2008. Prosecutors allege that when Whitmill tried to pass Flores' vehicle, his car crashed into a Chevrolet Tahoe, which spun off the road and slammed into a power pole.

The crash killed 9-year-old Nicole Quigley and seriously injured her mother, Debra Quigley, both of whom were in the Tahoe.
Whitmill has pleaded not guilty to second-degree murder, vehicular manslaughter, driving under the influence causing injury and engaging in a speed challenge. Flores has pleaded not guilty to vehicular manslaughter, engaging in a speed challenge and participating in a hit-and-run injury.

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

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, November 05, 2009

Congrats, Dennis

Duffy appoints Mayo to planning commission
The Humboldt County Planning Commission has a new member.
Fifth District Supervisor Jill Duffy announced Tuesday that she is appointing McKinleyville Community Services District board member Dennis Mayo to fill the 5th District commission seat being vacated by Scott Kelly, who is stepping down because he's leaving the area. The move comes as a surprise to some, as Mayo and Duffy have locked horns in the past and don't see eye-to-eye on many issues....

Duffy said that general plan process was first and foremost in her mind when appointing Kelly's replacement. She said she was looking for someone with a learning capacity who could get up to speed quickly on land use and zoning issues, and who would be able to withstand public criticism.

Equally important, Duffy said, was to get someone who was aware of the issues in the debate, but who wasn't firmly entrenched on either side of the issues.

”What really did it for me is that, for the last year, Dennis has been on the McKinleyville Community Services District board, and he has really proven himself to be very thoughtful and gives tremendous consideration to the decisions that come before him,” Duffy said. “In looking at it really objectively, I just think he really deserves this opportunity to serve.”

Mayo said he's got a steep learning curve ahead of him, but added that he's been paying attention to the general plan process for the last 10 years and that he's hopeful he can bring a fresh perspective to the process.

”I really think that I've shown people that I walk my talk,” Mayo said. “I represent everyone when I'm sitting in front of things, and I look for absolutely the most reasonable way to do things.”

Mayo said he's looking forward to getting to working on the commission.

”I hope I can bring something valuable to the table,” he said. “I'm very happy and I owe Jill a great deal of respect for her being able to put some of those past disagreements aside and look at the bigger picture.”...

Bradshaw Prelim scheduled for today...BUT

Hearing for McKinleyville murder case continued
The preliminary hearing for a McKinleyville man accused of killing his wife last year was delayed Thursday to allow the court to analyze discovery documents in the case....

Defense attorney Peter Martin had submitted a motion to request discovery documents in the case. Humboldt County District Attorney Paul Gallegos and Martin agreed that the DA's Office would submit all materials to the court for Humboldt County Superior Court Judge Joyce Hinrichs to review.

By law, the prosecution does not have to turn over certain materials to the defense and Hinrichs will decide what the defense needs and is legally obliged to see, Gallegos said.

This allows the defense to discuss with the court how they are approaching the case without the prosecutor and to determine if any materials from the DA's Office relates to that approach, Gallegos said.

”He'll be reluctant to tell the court what his angle is in front of me,” he said.

Hinrichs will determine if there is any evidence in the DA's materials that relates to what the defense needs and -- if allowed by law -- release that information, Gallegos said.

”We want to make sure the defense is clear he's been provided with everything he's entitled to by law,” Gallegos said.

Martin declined to comment on the case. In court, he had previously requested a copy of a computer hard drive that was seized during the investigation.

In cases where a hard drive is seized, the original drive is kept intact and a copy is made for the DA's office and another for the defense, if requested, Gallegos said. The defense's copy is made in a protected format so changes cannot be made unless tampered with, he said.

Bradshaw's next court date is Dec. 11.

”We want to make sure the defense is clear he's been provided with everything he's entitled to by law,” Gallegos said.

Sounds like he's been holding out.


DA's office (Paul Gallegos) still undecided in Bradshaw case; Gallegos to talk to pathologist next week May 28, 2010
Bradshaw sentencing postponed, Gallegos "weighing" decision May 5, 2010
...Humboldt County District Attorney Paul Gallegos received Super's report last week, but has yet to decide how to proceed with the case. At Tuesday's hearing, Bradshaw's attorney, Peter Martin, said Gallegos had contacted him asking that the sentencing hearing be postponed.

”He wants more time, I believe, to review the medical report and to request supporting materials from the medical examiner,” Martin said....

”It's going to be something Paul's going to have to think about.” April 27, 2010
-- Bradshaw autopsy report with Humboldt County DA; indicates blunt force trauma as cause of death
Autopsy report coming in Bradshaw case; plea agreement hinges on results for McKinleyville man accused of wife's murder APRIL 24, 2010
Bradshaw positively identified; full autopsy report pending more test results FEBRUARY 01, 2010
Autopsy set for Sunday in Bradshaw case JANUARY 23, 2010
ANOTHER PLEA DEAL - Bradshaw agreed to give location of body in plea deal JANUARY 09, 2010
Robin Stuart Bradshaw entered into a plea agreement with prosecutors last month, agreeing to disclose the location of his wife's body and plead guilty to voluntary manslaughter, court records show.
Authorities believe they have found the body of missing McKinleyville woman JANUARY 08, 2010
The person further told investigators, according to the affidavit, that Robin Bradshaw confessed to first burying his wife in a shallow grave in the backyard of his home, only to later dig her body up and bury it on an undeveloped Danco subdivision off of Fieldbrook Road in McKinleyville.
Hearing for McKinleyville murder case continued NOVEMBER 05, 2009
Bradshaw Prelim continued to Nov. 5 SEPTEMBER 30, 2009
Prelim for Robin Stuart Bradshaw JULY 07, 2009
Bradshaw pleads not guilty to murdering wife June 16, 2009
Robin Stuart Bradshaw, arrested JUNE 16, 2009
Second search warrant issued in missing woman case - and a request to seal documents January 29, 2009
Monica Bradshaw: MISSING January 27, 2009

Wednesday, November 04, 2009

Here's a question....

How much would it take for Security National to buy their way out of "Baykeeper"/EPIC/NEC/ERF's lawsuit? Is a hundred grand enough, ya think? I mean, they've already bilked enough money to buy the boat and pay for the nice office space in Old Town, and all the nice signage and stuff... you can't need another eight hundred grand, right?

What's it gonna be?

The Tale of Chicken Little - Or Some Stupid Shit Humboldt Mirror

Truer words

Eureka approves Marina Center coastal development permit
Councilman Frank Jager said he is in favor of the first phase of the project because his constituents are.
A majority of the public speakers who turned out at a series of meetings regarding the project's environmental impact report, or EIR, and the permit supported moving forward with the Marina Center development, citing the creation of jobs and saying a cleanup of the site is long overdue.

”We as a council owe them that -- to get it moving,” Jager said. “I'm not intimidated by Humboldt Baykeeper, or EPIC, or any of those environmental groups. They're extortionists.”

Prophet Profit

B-I-I-I-I-G PROFIT. Forget ShamWow, Gore has created a whole new line of pitchman/marketing strategies. Sell Planetary fear, then laugh all the way to the vault.

Tuesday, November 03, 2009

9:40 and the elections site is not loading

Has not loaded once tonight, not even with multiple browsers. The phones are either jammed or off the hook.

A low - LOW - turnout election. What's it going to be like in a big election?

Final Results Link - Wednesday Morning