Wednesday, January 08, 2014

Arnie Klein's My Word

Hauling homeless into court a waste - Arnie Klein/My Word Times-Standard

...There were many different options that could have been explored, such as homeless court, a diversionary program, or penal code 849, which basically states “deemed not arrested and released.'' In other words, he could been held in jail over night and released in the morning. If the prosecutorial authorities felt that this homeless man had to be prosecuted, they could have filed the case as an infraction, which would have resulted in a court trial that did not necessitate the presence of a jury and a defense attorney....

Arnie Klein's My Word - Fred's Humboldt Blog
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votearnieklein.com
Arnie Klein for Humboldt County District Attorney 2014

26 comments:

  1. Oh for heaven's sake, read the original article. The guy was a repeater, a scofflaw, and demanded a jury trial. And 12 jurors heard the case. Does anyone think 12 Humboldt jurors would have convicted some poor guy who was just down on his lucK? It appears Mr. Klein thinks he's smarter than those jurors, and everyone who had input in the case. Including, most important of all, the defendant.
    Is this how elections go around here, giving away "my word" columns instead of charging for campaign ads?

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    1. I believe what mr. klein was attempting to show is that there are other avenues that the City could have used to achieve the same goal with this homeless defendant. such as the county homeless court system in place. regardless of whether the defendant is a repeat homeless offender.

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    2. I believe what mr. klein was attempting to show is that there are other avenues that the City could have used to achieve the same goal with this homeless defendant. such as the county homeless court system in place. regardless of whether the defendant is a repeat homeless offender.

      Delete
  2. Read. The. Original Article. Not Klein's piece, the one he's "commenting" on.
    The defendant exercised his constitutional right and demanded a jury trial.He turned down alternate dispute resolution, such as those Mr. Klein listed. Would Mr. Klein have the city back down every time a defendant demands a jury trial? There are homeless who game the system, this guy was one of them, and the city and 12 jurors called him out on it. Well done.

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  3. Also Mr. Klein is an attorney and it is very easy to research someone's history if they have one or keep up on current events. While his solutions could work for most, this defendant has been disruptive on mnay occassions, issued threats in public to elexcted officials, brandished a knife at a local grocery store.

    Mr. Klein's only campaign startegy is criticizing present leadership and not even doing basic research and bothering to get facts.

    Now that is leadership we don't need.

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  4. Also Mr. Klein is an attorney and it is very easy to research someone's history if they have one or keep up on current events. While his solutions could work for most, this defendant has been disruptive on mnay occassions, issued threats in public to elexcted officials, brandished a knife at a local grocery store.

    Mr. Klein's only campaign startegy is criticizing present leadership and not even doing basic research and bothering to get facts.

    Now that is leadership we don't need.

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  5. So, your point is, that on top of defying the law and being a public nuisance, this guy exercised his right to a jury trial, and his rightful share of the tax payer kitty--that he probably hasn't paid into for God knows how many years. Go for it! Isn't that what America is all about? Who is next in line to claim $13,000 for their share of the notoriety?

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  6. Lots of criminals don't pay their own way, its part of being criminal. The logical conclusion of your statement is that the public should only try cases where the defendant has paid enough taxes to cover the cost of the prosecution. On the other hand, you may have heard of the "broken window" theory of law enforcement, which has been proven to work. Show no tolerance for the small stuff and both the small stuff and the big stuff diminish significantly. Check out that Bratton guy. So it may cost in the short run, but that's only a problem if you are short-sighted.

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  7. To the person that obviously missed the point in what Mr. Klein was throwing out there, it is apparent that you are the one slinging campaign mud. I am glad that he has the initiative to atleast consider options. Thus is displaying leadership skills that have been lacking in this county. Public officials have a responsibility to their community and taxpayers to evaluate all options.

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  8. Unfortunately, it seems to fit the schizophrenic nature of charges coming from the DA's Office. Throw the full weight of the law at the guy who lets his kid wander a few feet ahead of him on a sleepy Ferndale street, then plea down some serious criminal acts, and put the dangerous ones back out on the street, too many times with disastrous results.

    Gallegos embraced the concept of 'prosecutorial discretion' to justify his pot stance, but has had no coherent policy.

    Weighing these things will be a challenge for whomever takes his place, especially now that the office is so severely understaffed.

    Yes, this guy demanded his right to an immediate trial, anyone who isn't doing that right now is crazy, because the DA's Office is in no way able to handle it. It's so severely weakened, and the poor - ahem - people - working there are so incredibly overburdened, it's criminal in and of itself. It is a monumental task, the rebuilding of that office.

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  9. Rose, we know you don't like Mr. Gallegos, but as you would know had you read the original article his office, the one Klein is running for, had nothing to do with this, the case was done by the City Attorney. Another reason why Klein's unpaid for campaign ad is absurd. And by the way, you say the guy would have been crazy not to demand a jury trial. Did you miss the fact that the guy was convicted, by a jury of 12, another point which the person commenting before you also seems to have a hard time dealing with.

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  10. "Lots of criminals don't pay their own way, its part of being criminal. The logical conclusion of your statement is that the public should only try cases where the defendant has paid enough taxes to cover the cost of the prosecution."

    No. You are confusing irony for logic. The logical conclusion is to spend money and effort on the cases that pose a true threat to the public. Re-read the Anatole France quote in Mr. Klein's reply. It says all.

    And, yes, I am aware of the "broken window" approach. Rudy Giuliani applied it to revitalize New York City. But, then again, he had the funds to take on organized crime, too. It's ludicrous to even imply that the prosecution of this homeless man is going to translate into better public safety when the truly violent criminals are sent off with a slap on the wrist. And let's not forget that this shining example of prosecutorial authority failed to deter a violent man from murdering a Priest, who was beloved by his community. There's your "broken window" theory shattered in pieces.

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  11. Both irony and logic are tools you are not ready to handle, if you think you can make a rationale connection between the Carr case and the Freed case. As for Anatole France, it's a punchline, not a solution. Kind of like Klein.

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  12. "Both irony and logic are tools you are not ready to handle, if you think you can make a rationale connection between the Carr case and the Freed case. As for Anatole France, it's a punchline, not a solution. Kind of like Klein"

    Ah, insults. Proof that YOU are out of your league.

    You seem to forget that you are the one who raised the "broken window" approach to fighting crime. I am the one refuting it.

    The point is that there are only so many resources available to law enforcement and the court system in this small community. They would be better spent prosecuting violent crime, not on a side show. Klein provided concrete ideas for a cost effective approach to handling nonviolent infractions of the law in his editorial. YOU are the one camouflaging a lack of logic with punch lines. Please, keep spouting your endorsements of a fool's errand. It only helps Klein's campaign.

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  13. The city still has a responsibility to its community and taxpayers to expend funds most efficiently. I would like to see a breakdown of that 13k. Why did the city approve spending that kind of money themselves rather than refer the case to the DA office?

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  14. The Saltzman/Ferpo campaign really like to point fingers at folks who are attacking others, but it seems like it's really them who is doing it. However, the Saltzman campaign really likes to throw mud even if it's not real. Lets look at the previous track record of browbeating innocent folks with threats. Also turning this into something other than the real issue of the poor and homelessness in eureka is really self serving. I am a community member and I do not think that with all we have gong on the criminalizing a homeless man is really what will meet our needs as a community. I really hope we don't have Saltman as a DA again. As a woman I think is it very unethical of Ferpo to hire a man of this backgrounded to run her campaign. Guess its about the victory for her and not the way that she can help the community. Also where did the money come for her to employ such a team? Is it left over dirty DA money? My questions are mine. They belong to no campaign. I have lived here long enough to see what crap Saltzman can fling. Don't take my words and make them about another candidate the same way you derailed our issue of homelessness in this community by making this discussion about candidates and not issues. Way to show how much it is the Commmunity you are concerned with. Ferpo, I was going to vote for you until I found out that Saltzman is your guy. I can't participate in the same old white guy games and system.

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  15. Hold up. To my knowledge, she is not working with Salzman. She does seem to be his candidate of choice. There's a distinction there.

    So, unless you have evidence to the contrary, stick to the facts, and don't sling allegations.

    Salzman should stay out of this race, and let all these good people run on their own honest merits.

    He should quit skulking around, trying to work behind the scenes. He does no favors with that behavior.

    And, PEOPLE - this is a FREE COUNTRY! YOU ARE ALLOWED TO VOICE YOUR OPINION, IN PUBLIC, IN THE OPEN. IT'S YOUR GOD-GIVEN RIGHT, REMEMBER? Why not exercise it?

    You DON'T have to hide. Use your name. If you expect your opinion to be valued, stand behind it.

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  16. People's comments are valid and legit wether you agree or not. Free country remember? I can choose to be anonymous that is my right. Sorry about your control issues over it though. Also "god" gave me no rights. It was live that gave me rights. Keep your god out of politics.

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  17. Rose, did you miss this? And remember history teaches us what happens if you oppose PVG. Use your name, be ready to lose your job. If you work in an office which is run by the Salzman side.

    NCJ: I heard that Richard Salzman [Gallegos' former campaign manager] will be working for Elan Firpo's campaign.

    I understand that too. Richard's a dear friend. ... I think that Richard certainly is a dynamic person, a good person to know. And I don't think that's a bad find for her.

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  18. That is correct. I ready the same article in a recent copy of the north coast journal and it was an interview with Mr. Gallegos. He confirmed that ms. Firpo has hired salzmen as her campaign manager. So, expect more dirty campaigning from them. That will be their MO. Also begs the question if Gallegos assigned firpo so she can get media time. Now who is using the system for her personal gain rather than the good of our community. We deserve the best prosecutor to handle this case. Since word is that Mr. Gallegos still employs Mr. Cardoza as a part time attorney, he should give it to him since he is the only experienced, and capable felony attorney at the DA office.

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  19. How is it I posted a comment confirming I too read an article in the northcoast journal that salzman is ms. Firpo campaign manager and it was deleted. Is it because I question the decision of our current DAs motive when assigning the case to firpo??

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  20. 10:58, your comment was not deleted. If it failed to post, repost it.

    I read the article, too. I caught the quote. It's a problem.

    We'll see, when she announces, what the facts are. Let her answer the question. Not her pathetic boss in a puff-piece interview. With a reporter who apparently doesn't think there's anything wrong with running the office into the ground, losing all your top talent, and spinning failures as 'weaning.'

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    1. Anon @ 10:58 I agree with Rose. No announcements have been made by anyone but Klein and even with him we have no idea who the campain team is yet.

      So stop throwing out rumors.

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  21. Richard Salzman is a person who is not only FINE with the fact that the office has been run into the ground, cut to less than half staff, but has crafted talking points to help excuse it.

    He CLEARLY does not give a shit about the office - or the people who work there, the people the office serves, or any potential new hires.

    All four people who have expressed an interest in running, so far, have very clearly stated that the office is very broken, in dire need of fixing.

    It would be a grave mistake for any candidate to seek his favor, or accept his help. That would be tantamount to saying you don't care about the office, and will continue business as usual. And worse, it might imply that you were also willing to help him with his agenda, whatever that may be.

    And what might it be? To PALCO Green Diamond? It won't do him any good on the POT front, as California is one election away from finally legalizing the worthless crap. So a Pot friendly DA won't be of any use, now will he/she?

    Regardless - the candidate who accepts his help should be honest about it - as should he. Better yet, he should sit this race out. Let the people make their choice without his dirty tricks dept. poisoning the process.

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  22. If you were paying attention you'd have seen that the dirty tricks have already started.

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  23. No shit?!! 11:33 Then freaking call it out! Don't be coy. Ya gonna leave it to me? I've been doing it - now it's time for you guys to step up to the plate.

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