Saturday, February 22, 2014

Élan Firpo: Response Regarding the Ferrer Stabbing Disposition:

Response Regarding the Ferrer Stabbing Disposition:

I understand the community concern about the disposition in the Ferrer case. On its face, a man is killed, and the man that did the killing is sentenced to 4 years in jail, of which he will serve 2 years.

But the facts not previously made available to the public paint a different picture. After reviewing hours of video, talking with independent witnesses and reviewing the autopsy results, discussing the evidence with law enforcement and the family of the victim, it became clear that this was a case of manslaughter – not murder.

The facts would have shown that:

• Mr. Anderson-Jordet, the victim, was inflamed in his demeanor that evening. A bartender would have testified that the Victim was making homophobic statements to other patrons that evening before the incident.

• An independent witness would have testified that she overheard the argument between the parties and that the victim was yelling homophobic, sexist, hateful statements at the defendants.

• Video surveillance showed that the victim was behind the defendants walking down the street, and the victim was overheard to yell at the defendants “I am still behind you”.

• The defendant’s would have testified that the victim approached them in an angry manner and took a swing at them. And that he was a stranger to them, with whom they had no prior quarrel.

• The defense would have brought testimony that the victim was an angry person when he had been drinking, and occasionally used street drugs. The People would have brought testimony that the victim was a hard working man with a good job.

• The autopsy results show that the victim died of one knife wound, at a severe angle, that unfortunately pierced the victim’s heart.

A jury trial in this case would have become a trial of the victim’s character, for the determination of whether this was voluntary or involuntary manslaughter. The People would have had to prove beyond a reasonable doubt that the defendants were NOT defending themselves in a hate crime.

In a best case jury trial scenario, Mr. Ferrer would have been found guilty of voluntary manslaughter. He would have been sentenced to a term of three years in prison (because he has no prior record), of which he would have served 85%, or approximately 2 years and 6 months. A plea agreement was reached to ensure that Mr. Ferrer would serve the maximum term for involuntary manslaughter allowed by law: 4 years, which, owing to the Governor’s Realignment Program, he will serve 2 years in county jail.

In other words, a best-case-scenario result at jury trial would have resulted in an additional 6 months of custody time for Mr. Ferrer.

The family and involved law enforcement officers were consulted before a plea was made. We agreed, after careful consideration of the evidence and the law, that this was the best disposition for the case. It doesn’t bring back Mr. Anderson-Jordet, and nobody is “happy” about this disposition.

Some decisions are not universally popular. It is the job of the District Attorney’s office to make tough decisions based entirely on the facts that can be proven beyond a reasonable doubt to all twelve jurors. That is what I did here. I’m not proud of this disposition, and it doesn’t feel like justice to the victim’s family or myself. Unfortunately, it is the reality of the situation under the law.

The family of Mr. Anderson-Jordet have reviewed this letter, and are disappointed that it had to be written. They had hoped to avoid exactly this public forum discussion. Unfortunately, my opponents, who are long on rhetoric and short on facts, have attempted to take advantage of this unfortunate case to their political advantage.
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Firpo Responds To Concerns About Ferrer Disposition - Mad River Union
Elan Firpo responds to concerns about Ferrer disposition - John Chiv/Words Worth
Firpo Responds to Plea Deal Critics - Thadeus Greenson/the Journal

34 comments:

  1. "Unfortunately, it is the reality of the situation under the law."

    A hard-working innocent man gets knifed in the heart and dies and his murderer walks after two years. Murderers go free in two and people who grow marijuana rot in jail for years, people who tell the truth about our government spying on us face life imprisonment. Is this the "reality of the situation under the law"? This is Humboldt County. Is this our law situation we voted for? It is when our public law representatives don't look at the long term effect of law enforcement discrimination that keeps ramping up the 1984 police state where no one can change anything without Big Brother breathing down your neck.

    I'd like to see a DA who actually takes on the law itself when the law itself is the problem keeping people at each other's throats because there's no idea of preventive social intervention in law enforcement--only interest in punishment as business as usual. But the punished are unevenly punished for crimes unevenly prosecuted so that murderers in our society fare better than those punished for victimless crimes. It would be nice to have a DA who sticks up for California law vs. Federal law re medical marijuana patient rights. Does this DA office know that seniors and disabled 215 medical marijuana patients are being evicted from HUD rent subsidized housing in Humboldt County? Do any of the candidates care? All one sees is business as usual with the usual gang of suspects when we desperately need local leadership in law enforcement because we are on the front line of social change in the marijuana cultural war in America and the world.

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  2. Oh, I get it. It's the victims fault.

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  3. At best, per Firpo, the guy deserved and got a smack in the mouth.


    She leaves out the pulling and using of the knife. She says nothing about the law on when deadly force can be uses. She leaves out the walking away, leaving him to die.



    She should run for Public Defender.

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  4. Anonymous who commentef at 4 and 4:28 p.m. since you declined to use your names, why should I care what you think?

    Are you a lawyer? Are you a supporter of any other candidate running against Firpo

    You can shoot your mouth of here but have you worked under current dumb laws that make no sense? Someone does their best and all you can do is second guess?

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  5. Stephen, I hear you, but it's not the DA's job to make the law.

    Bad laws have to be changed. But not by the DA.

    As for pot, we are one election away from full legalization. At that point it can be regulated like any other crop, relegated to ag-land, and any person can grow it in their back yard garden. It just has to be nation-wide. Colorado will soon learn the same lesson we have learned here. Until it's national, it just makes you a mecca for crime.

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  6. NO! it is not just other candidates that do not like this decision. THE ENTRE COMMUNITY THINKS YOU FAILED US!!!! Don't disregard voters , as though the only people who do not like plea are the other candidates. That is what is wrong with you and this whole system you think everything is about this screwed up political circle jerk. Some of us just want to feel safe this isn't about your political gain. You took this and made it about you. What a bunch of ........This is wrong!

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  7. Really! Firpo, you actually have the audacity to try to explain your obvious failure to take the case to trial?! It is an outrage that you would think our community is that stupid to believe a word you say in hopes that you are spinning the truth for your campaign gain. Just as important and disturbing is that DA Gallegos supported your decision to take a plea and not take it to trial for the people to come to a decision on his guilt. Please do our community a favor and drop out of the DA race and leave our county! And please take Gallegos with you, he has done enough harm to our community! Voters, remember this when you go vote this June.

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  8. FYI. I tried posting a comment a few minutes ago against candidate firpo press release and it did not get posted again. So I will try again in case it was a blip...

    Basically, firpo failed the victim and our community in this case and we have now the probability that it will happen in the freed case as well. Just because a person consumes prior to an altercation should not give anyone the right to kill another human being. It was three against one. I highly doubt that big individual feared for his life. They should have just walked away, but he didn't and in good faith didn't even call 911 to get medical attention for the victim. No firpo failed on this one! Voters remember this at the polls come this June.

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  9. As a long time prosecutor, I'm disturbed at the way Allan and
    Elan have handled this. Allan should not have criticized the plea deal without knowing all the facts and legal issues involved. And Elan should not have used the opportunity to air a bunch of dirty laundry about the victim for her own political purposes.

    And yes, I'm a Maggie supporter, but that's really beside the point. This is a bigger issue involving prosecutorial ethics.

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  10. A couple of comments got caught in Blogger's spam filter, and they have been liberated, should show up now. They're good about catching all the vacuum cleaner salesmen and Nigerian princes, but every once in a while they snare a legitimate comment - I'll keep an eye on it.

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  11. So Max, a man is stabbed in the heart and killed and you are okay the killer gets 2 years?

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  12. Voter who posted at 9:58 a.m. you need to read before you type. Your post is not even worth commenting.

    Max Cardoza your candidate of course has a perfect record right?

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    1. It's not about how the case was handled; I never dealt with the case, so I cannot express an informed opinion. My criticism is of her public airing of potential evidence to further her campaign. That, in my opinion as a career prosecutor, is inappropriate.

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  13. Max - welcome to the party, man. It's about time.

    Paul has completely abdicated his responsibility as DA for years. I'm sure you would agree that HE is the one who is supposed to be making statements to the press, right? It is HE who is supposed to know the difference, and uphold ethical standards, if he even knows what they are. It is he who threatened you and your co-workers that they would be fired if they talked to the press, isn't he?

    What is the DA's job, anyway?

    When it comes to the press, is it to send the poor prosecutors, who are not trained to deal with the media AT ALL, out there to sink or swim, while he goes to the gym?

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  14. I'm asking you whose job it is to talk to the press.

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  15. Rose, Paul is not running. This election is not about Paul. It's about the future of the office. If you need to keep focusing on Paul, then discuss the fact that he is supporting Elan's campaign, including hosting a meet and greet for her with Joani. And, you've published Salzman's call to arms to elect Elan so she can carry on "Paul's vision."

    By the way, it has not been uncommon in my experience for the Deputy DA who handled the case to deal with media inquiries. Most of the time, he or she is in a much better position to answer specific questions than the boss. That was true under Terry Farmer as well

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  16. It's been about the future of the office EVERY time, Max.

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  17. If people had not brought up the issue of this case, she would not have to issue a comment.

    In fact Max Cardoxa, people who follow the blogs and read newspapers online see it is mostly you and other Fleming supporters and anonymous people dumping on Firpo. Probably from other campaigns or someone with a personal grudge.

    So quit trashing Firpo and she would not have to issue statements in response to mud slinging.

    It is that simple.

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    1. A campaign is about the attributes and qualifications of candidares, both positive and negative. Pointing out errors or flaws in your political opponent is not "trashing", it's political debate. Elan is not just a political candidate, she is a prosecutor. And a prosecutor should never "try their case in the paper", particularly for political reasons.

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  18. boohoo poor her she made a bad decision and now has to deal with the back lash. Here again the blame is on other people. Never on Firpo. I wonder if she and her people realize she could have just been quiet and she wouldn't have made herself look worse. Get out of my home! We don't want you here!

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  19. Actually, Frumboldt - she could have blamed Paul - who IS ultimately responsible, whether Max wants to admit it or not.

    She didn't.

    I do. He is the DA. He is the one who is supposed to make the call. That he didn't is a BIG part of the problem that these candidates will have to fix, if and when they win.

    But she took the blame. Whether it hurts or helps remains to be seen, but I would not say she blamed others.

    Nor is it unfair for another candidate to say he would have handled it differently. Again, that is a big part of what will be decided in this election.

    (Oh, gee, Paul's not running? Why didn't someone TELL me!!!!?)

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  20. Rose nailed it!

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  21. The real story that I hope to see in the days ahead with all elections is tracing the finances.

    That is if we had media that would actually dig and ask the benefits others will reap depending on who is elected.

    And that applies to all candidates.

    Anyone in the media got the cajones?

    For example, unions, law enforcement, long term employees of District Attorney's office and County Counsel supporting Maggie. Max are you not a longtime friend of Maggie Fleming You would be set for employment.

    We can do the same with the other 3 candidates.

    I also don't want the Terry Farmer regime back prosecuting. I want someone fair.


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  22. Max, Max, Max, you pooped on a coworkers desk and rarely come back from lunch sober. Then you talk about ethics and professionalism. It speaks volumes of Maggie that she gives your ilk a wink and a nod to do her bidding.I suspect you will be one of the first ones fired by any candidate but Maggie when the election is over. I'd support her too

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  23. At this stage of my life, I'd love to take credit for that 30 year old "poop on the desk" incident. Unfortunately, it wasn't me. I am, however, happy to be part of County lore, however undeservedly.

    As far as ulterior motives for supporting Maggie, I'm blissfully retired and have been for 2 1/2 years. I work part time handling the misdemeanor settlement court four days a week. So, I could leave tomorrow without a twitch. I'm supporting Maggie because she's the only qualified candidate for the job.

    And, I never run any of my posts past Maggie. She sees them when everyone else does.

    By the way John, is that you?

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  24. Max, this is me signing with my name. Part of the problem with anonymous comments is that things well-known get repeated.

    The poop incident has been talked about by many. The fact that you are at Lost Coast Brewery every day is a fact observed by many.

    Wes Keat is retired too and working for the Humboldt County District Attorney's office. He too is a friend of Maggie's for a long time.

    Elan has been targeted more than any candidate. The Salazman and Paul linking is from other campaigns including a Maggie supporter, Joel.

    This is a small town Max. Don't assume who tells who what. Maggie takes no responsibility for her supporters. When her supporters ask questions, it is citizens.

    I was going to endorse her> I used to see her every day. Now that I am not useful, she cannot even be civil. At least Allan has the decency to be mature.

    When others do, no answers except is that you John? or is that you Jaison?

    I do agree with both the above comments and concerns.

    BTW tell Mike Losey to get his last name right. It is Chand.

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  25. People!!! This race has not really even officially started.

    For crying out loud!

    If you are making your decision based on money or backers, in my opinion, you will be making a mistake.

    Make your decision based on COMPETENCE. That office is a fucked up mess, and it is almost too late to save it. Some of you bear responsibility for that. Some bear A LOT of responsibility.

    Salzman has played his boogeyman card long enough. Oooooh skeeery, Terry Farmer, "going back to the failed policies of the past" - which think tank did he steal that from, do you think?

    And he is trying it again. Only this time, he is the boogeyman. And he is squarely to blame for running the office into the ground. He has excused and spun away every failure. And you fell for it.

    Some who kept quiet enabled it. You are also to blame.

    Now, yes, it is 'about the future of the office' because as Max allows, Paul is not running again.

    For God's sake, let these candidates get their feet under them. Let them speak. Let THEM hash it out.

    They all want the same thing. THEY want to fix the office. THEY all worked there. THEY ALL know how bad it is. And how difficult it will be to fix.

    Give them some credit. ALL of them.

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  26. Another boogeyman that is tossed around - was last time and is this time - is the notion that whoever gets elected is going to fire everyone.

    Are you nuts? Of course that is not going to happen. You're down to 9, and maybe 7 Deputy DAs doing the work of 20.

    If you fire ANYONE right off the bat you will further cripple the office. It won't happen.

    The first job of the next DA is going to be trying to find a way to HIRE people. They are going to figure out how to remove the "Keep Out, Crazy Man within" label from the Humboldt DAs Office.

    They're going to have to figure out how to mentor the young prosecutors, who right now are adrift.

    This is so frustrating because this is not new news. You have known it. But everyone pretended it wasn't true. Why?

    How stupid is that?

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  27. And, one last thing - trying to make judgements based on alliances is going to be very tricky.

    All of the candidates are embraced by very diverse supporters. Maggie and Élan have both made a point of it, but it is true of Arnie and Allan also.

    Yet, again, this race is only in its infancy. Who will stick it out? Who will walk away in disgust? Who will get pushed to the side? Remains to be seen.

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  28. Rose you know exactly why certain things are being brought up and to say everything is old tactics is not fair.

    My perspective is based on knowing many different communities. The character of a candidate matters. Many of your anon comments are lawyers who seek to lose or gain depending on who is elected.

    If someone is being petty, cannot control their supporters, why should they be expected to be a fair DA. People are already talking front runner when the filing period is not even over.

    When discussions return to what each candidate has to offer, we can move on. Whose supporters are prolonging what you are frustrated with? From comments made to me previously, it is maggie and arnie supporters and I understand anon comments, but if they would stop the personal untrue attacks, it would not be an issue.

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  29. Speaking from a person that has never attacked anyone. Say Arnie Klein, for some unknown reason you hate him and have made rude, and mean comments about him even though just because he chooses to not use your blog. Btw, he has been a friend to you in my ways and you know it.

    Let's see if this gets posted.

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  30. Anonymous, you have the wrong blog but you know I comment here. You are clearly someone who knows Arnie and me. I have also helped him. So why not use your name? I have a pretty good idea who you are.

    Arnie does not have to use my blog but it does seem he has stepped up his campaigning after my criticism.

    Now I dont plan to explain the same thing over and over to either Maggie or Arnie supporters.

    Start talking about Arnie and what he can do and focus a little less on me. The DAs race doesnt have to be nasty. It is made so by people afraid of the truth.

    A DA will be criticized far more than this campaign. A strong candidate can hanfdle it. So if Arnie truly is the gentleman he is, and you claom he is, you would move on and stop bringing the same subject up. Unless of course your issue with me is personal.

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  31. Yes, I would say that conversation is best conducted privately, anon at 7:pm

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  32. K. Bryson at Loco said read this from Mad River U. Said she respects this guy:

    Hello, I had been an attorney for three decades, so I would like to add, what I can, to this discussion.

    First, it is apparent that there was video of the victim approaching the defendants after he allegedly called them names earlier that evening. This gives them motive to want to hurt HIM, the victim. Also the video does not have audio. Who heard the victim's alleged threat? In the prior paragraph, Ms. Firpo tells us that there was an independent witness to the prior argument. However, she does not tell us in, in this paragraph, whether it was an independent witness or one of the defendants that heard the alleged threat.

    Then, we have the defendants (not independent witnesses) tell us our dead victim threw a punch. Lesser weight must be given to this evidence as it could be self-serving. Please keep in the back of your mind that the defendants have brought a knife to a fist fight. This knife was not our murdered chef's kitchen knife.

    One stab to the heart. Quite true, but where is the part where the defendants flee the scene? Where is the evidence of defensive wounds on the victim? This fight went from whatever the parties said to provoke the alleged first punch from our dead chef to a stab in the heart and then they haul ass outta there. Verbal goes to a swing and a miss to a stab in the heart and then they are gone...Arcata Police have to find them fast. Well done, officers.

    At this point, one must pause and know that Ms. Firpo, if doing her job, would want all the facts to come out .... in a preliminary hearing, None was ever performed. One must also know that Ms. Firpo, if she was doing her job, would have a jury instruction regarding "Flight". Flight, of course, is evidence of guilt. Oh yeah, and failure to give aid, is also evidence of guilt...nay, heartlessness.

    Let us also state the obvious, to us who are experienced attorneys, that motions in limine would be filed, and won, by the People aka Ms. Firpo. She could keep out evidence of character and drug use. That only comes in if SHE makes character an issue. Of course, we would all hope that she would NOT make character an issue. We have a dead chef - unarmed and unaided. Who cares if hearsay tells us he may have used illicit substances in the past. Did he use that night? The blood from the autopsy tells us. In any case, this evidence is irrelevant and could be kept out...by a prosecutor who knows her job.

    But enough, let's move onto the idea that he would only get 3 years at 85%. Really? First, Voluntary Manslaughter is a 3yr 6yr 9yr sentencing. PLUS a one year enhancement for the knife. The best case scenario (if she didn't charge second degree murder - which she could have) is 9 plus 1 equals 10 years at 85%. The judge decides, at sentencing after a plea or after a verdict. NOT the People aka NOT Ms. Firpo. Once the prosecutor does her job at prelim and advocates for the dead victim, even a prosecutor who is asleep, or inexperienced like Elan Firpo, can get 6yrs. plus 1 for the knife. Judges in Humboldt don't like people being killed. Judges in other counties agree.

    Finally, all cases Ms Firpo handles, now that she has thrown her hat into the ring, are under a microscope. Do the victims and the families of the deceased a favor, take yourself off these high profile cases. That way, you can focus on your campaign and the People of this fine state can get someone who can take cases to prelim without press coverage, so that we can have justice AND fairness.

    From the Latin root for "coroner" Ms. Firpo, who speaks for the dead?

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