Wednesday, July 30, 2014

Allison Jackson puts a crimp in secret plea deal

Pay ATTENTION. This is a big deal.

Denying a victim's rights, judge shopping, a complete and utter failure to act in an ethical and transparent manner.... and yet he, the DA, no less, lectures the people of the County about their 'priorities.'

Allison Jackson, who is representing the victim in the Elmy Workman case was never notified that the same plea deal that was rejected by Judge John Feeney was presented again to Judge Dale Reinholtsen. She was not also sure if Judge Reinholtsen had been given the background of the case. - John Chiv/Words Worth

Judge Reinholtsen said he had received Ms. Jackson's letter and a letter from Mr. Sanders and while he had reviewed the file, he needed to review it with depth. One of the reasons he mentioned was the three month plus Bodhi Tree trial and that he could not delay evidentiary rulings and reviewing jury instructions because they had already lost two jurors and one alternate and there are other schedules to consider after August 11.

He mentioned two options: one to hear oral arguments from all three attorneys, then rule a week from now or do everything on one date. Both Ms. Jackson and Mr. Sanders said there was no rush and they were willing to wait for the ruling. The next hearing is on August 13 at 2 p.m.

Judge Reinholtsen said he had received Ms. Jackson's letter and a letter from Mr. Sanders and while he had reviewed the file, he needed to review it with depth. One of the reasons he mentioned was the three month plus Bodhi Tree trial and that he could not delay evidentiary rulings and reviewing jury instructions because they had already lost two jurors and one alternate and there are other schedules to consider after August 11.

He mentioned two options: one to hear oral arguments from all three attorneys, then rule a week from now or do everything on one date. Both Ms. Jackson and Mr. Sanders said there was no rush and they were willing to wait for the ruling. The next hearing is on August 13 at 2 p.m.

The text of Allison Jackson's letter is at the link.

http://johnchiv.blogspot.com/2014/03/elmy-workman-sentenced-today.html
http://johnchiv.blogspot.com/2014/04/elmy-workman-sentencing-postponed-again.html
http://johnchiv.blogspot.com/2014/04/judge-feeney-tentatively-rejects.html
http://johnchiv.blogspot.com/2014/06/previous-plea-deal-rejected-back-on.html
http://johnchiv.blogspot.com/2014/03/defense-and-private-attorneys-run.html

Tuesday, July 29, 2014

Bodhi Tree End Game

Note: Chiv often posts early details of court proceedings, and then fleshes the story out later in the day, so it is recommended that you check back, to catch the full post, and the full flavor of the proceedings...

"I brought you everything, I wanted this to be a fair case" Elan Firpo starts first day of closing arguments in Tree case - John Chiv/Words Worth 7/31/14
"Mr. Tree's is most dangerous of all murders. He is willful, deliberate, he chooses his victims arbitarily," said Ms. Firpo. "While we are hearing testimony in this case, he is bragging how he is going to beat this case."
Judge gives instructions; closing arguments commence in Tree case - John Chiv/Words Worth 7/31/14

There's nice update in the Mad River Union as well, but you'll have to pick up the dead tree version. Will link when possible.

"I saw Bodhi and another inmate bickering" - John Chiv/Words Worth 7/29/14
Closing arguments in Tree start Thursday, expected to last a couple days - John Chiv/Words Worth 7/29/14
Defense rests; evidence in Tree case complete - John Chiv/Words Worth 7/29/14
People rest in Tree case; defense calls last witness - John Chiv/Words Worth 7/29/14
Bodhi Tree gamechangers?
Bodhi Tree Murder Trial: DAILY UPDATES, running record.

Gallegos a no-show

Littlefield retrial set for Oct 20, defense hopes to resolve before then - John Chiv/Words Worth

Monday, July 28, 2014

So much for the idea that The Times-Standard will EVER do any decent reporting when it comes to Paul Gallegos.

District attorney displeased with attorney staffing ratio - Will Houston, shame on you for letting him get away with this drivel.

BLAMING THE COUNTY FOR THE FACT THAT HE HAS LOST, FIRED, OR DRIVEN AWAY THE COUNTY'S MOST EXPERIENCED PROSECUTORS!

AND HE HAS FAILED TO FILL THE POSITIONS. NO ONE ELSE IN THE COUNTY HAD ANYTHING WHATSOEVER TO DO WITH IT, WILL.

HE IS UNABLE TO ATTRACT ANYONE TO COME WORK HERE. WHY IS THAT, WILL?

HE LOST THE GRANTS THAT PAID FOR POSITIONS, WILL. AND HE TRILLED TO THE PUBLIC THAT HE WAS 'WEANING' HIMSELF OFF GRANTS, WILL. DID YOU KNOW THAT? WERE THEY HIS TO GIVE UP? NO, THEY BELONGED TO THE COUNTY, WILL, AND HE LOST THEM.

HE HAD 19 PROSECUTORS WHEN HE CAME IN. HOW MANY DOES HE HAVE NOW? AND YOU LET HIM GET AWAY WITH BLAMING THE COUNTY?

BULLSHIT.

IT IS THIS PISS-POOR REPORTING THAT HAS GONE ON FOR YEARS, AND HAS PUT US WHERE WE ARE. IF EVEN ONCE YOU GUYS DID YOUR JOB, MAYBE, JUST MAYBE, YOU WOULD STILL HAVE THOSE PROSECUTORS.

DO YOUR GODDAMN HOMEWORK.

Alternate Title: Paul Gallegos just realized he lost more than half his staff, and has a ton of unfilled positions just sitting there open, blames everyone else for his failure to do his job, reporter buys it, hook, line and sinker.

Wednesday, July 23, 2014

Bodhi Tree gamechangers? W/Updates

"When someone is killed, it has nothing to do with me getting out early" - John Chiv/Words Worth 7/29/14
Williams explained why people in and out of custody come to him with information. Ms. Holmquist tried to paint him as a snitch wanting personal benefit. Both on cross and redirect, Williams came across as someone whose tips to the Sheriff's office and DA's office have led to discovery of a body and arrest of three suspects in one case; another case in which Williams wore a wire and was supposed to catch an inmate who raped his wife confessing he was planning to plot to have someone kill her.

Williams said he was going to testify whether he had an immunity agreement or any plea deal in his case because "what he (Tree) did was hideous." Williams said Tree killed a 'child", referring to Christina.
The never ending jury trial; Tree case to definitely go into next week - John Chiv/Words Worth 7/29/14

Williams testifies Tree allegedly said, "I am going to beat this shit and get the fuck out of here" and "I am tired of these faggot woods" - John Chiv/Words Worth 7/25/14
"Because that is your opinion, not mine" Losey sets Holmquist straight on cross - John Chiv/Words Worth 7/25/14

Defense tactic on cross of Brannon backfires in Tree case - John Chiv/Words Worth 7/24/14
Another jail inmate confirms Tree admission about threat and shooting Rhett August - John Chiv/Words Worth 7/24/14

From the "hood" to a business management courses at CR, the journey of one criminal who got "saved" by Christ - John Chiv/Words Worth 7/23/14
Brannon alleges Tree said "I'm going to beat this case" and get out - John Chiv/Words Worth 7/23/14
Brannon also alleges that Tree said he would shoot Brannon in the head and not make the same mistake he did with Rhett.
"I got something for you guys, I'll be right back" - John Chiv/Words Worth 7/23/14
Brannon also said initially he did not talk to police because he was in a gang and you do not snitch. Ms. Firpo brought this up because at the April preliminary hearing Brannon denied anything about a fight.

Even though he was offered immunity in April, but then he got saved, became a Christian and got out of the political structure and had a "change of heart." Reading the Bible, he dropped out of the gang and wanted to change his life. He did not want to be part of the "prison political structure"; the gang. A cellmate in Humboldt County jail was the one who gave him the Bible, but Brannon was already thinking of telling the truth before this and he wrote to the DA saying he wanted to cooperate. He also sent a letter addressed to District Attorney Paul Gallegos. This was on April 2014 before the 402 hearings....
July 3 tip given to only me re Tree makes sense after today's testimony - John Chiv/Words Worth 7/22/14
Best estimate: Bodhi Tree trial estimated to conclude this Friday or by July 28 - John Chiv/Words Worth 7/22/14

Bodhi Tree Trial jury trial on break until Tuesday - John Chiv/Words Worth 7/9/14
Murder suspect led a troubled life of crime - Paul Mann/Mad River Union 7/9/14

Bodhi Tree Murder Trial: DAILY UPDATES, running record.

Tuesday, July 22, 2014

Something as basic as transcripts

How long has the Ferrer case been going on? MONTHS! Gallegos can't even manage the basic, simple underpinnings of a trial at this point. In a murder case no less.

Continual reports that things have just absolutely deteriorated in that office - I told you it would be on full display, and it is. Everything. Proven true. Not. Even. In. Dispute.

Do you get it now?

Paul needs to resign now. BEFORE it gets any worse. This is just sickening. It's pathetic. God help the families in this case.

Paul requests two more weeks in Ferrer because all transcripts not ready - John Chiv/Words Worth

And this is just about whether or not the cases should be severed/tried separately. Not even the full trial yet.

I wonder how many people who have been his vociferous supporters would actually hire this man to represent them, once he is in private practice. You have to, guys, to prove that you stand by your convictions. Here, he has a full staff to support him, and he can't even get the basic, simple aspects of the case ready in time. Why is that?

Wednesday, July 16, 2014

Ms. Doolittle had been custody since 2011 without the case moving forward

How a defense attorney and prosecutor worked together to get justice with a human touch - John Chiv/Words Worth

Virginia Doolittle was initially charged with murder. On 7/14/14, she plead to a lesser charge of voluntary manslaughter for 6 years with a 1 year added for the special allegation of the use of deadly weapon; in this case a knife.

Doolittle will not get probation. She will have to serve the jail time and Judge Feeney informed her that she has to serve at least 85% of that time, and the good time credits cannot be applied to reduce jail time. I asked Ms. Bryson about this and clarified , "She will have to serve the remaining time in prison. She has already served almost 3 years in jail. She will get credit for that time and receive additional credits at 15% because voluntary manslaughter is a strike, and therefore, 85% of the sentence must be served.

__________________

Three years is a long time to sit waiting in jail - imagine if you were innocent.

Tuesday, July 15, 2014

Scooped again :)

Humboldt County Jury finds CalTrans and California Department of Parks and Recreation liable for dangerous condition of public property

A Humboldt County jury today found CalTrans and California Department of Parks and Recreation liable for maintaining a dangerous condition of public property at the intersection between State Highway 36 and Grizzly Creek Redwoods State Park. The available sight distance for drivers exiting the park is less than half of what is required in CalTrans' Highway Design Manuals. The dangerous intersection caused the death of a local MCKinleyville man when the car his wife was driving was struck by a truck driving past the park three years ago on July 12, 2011....

Planning Commissioner Noah Levy In The News

Planning Commissioner Noah Levy arrested for DUI? And is this news? - John Chiv/Words Worth

Planning Commissioner Noah Levy Arrested on Suspicion of DUI - Thadeus Greenson/The Journal

Planning Commissioner Noah Levy Arrested on Suspicion of DUI - LoCo

Press release from the California Highway Patrol: - Times-Standard

On Saturday at approximately 0215 hours, Garberville CHP Officers were on patrol on Briceland Road, just west of Redway, CA. The officers attention was drawn to a silver Honda Fit traveling westbound on Briceland Road, ahead of their patrol vehicle. The officers observed the Honda exceeding the posted speed limit and failing to stop a stop sign. An enforcement stop was conducted on the vehicle near the area of Ruby Valley. They contacted the driver of the Honda and he was identified as Noah Levy, of Arcata, CA. While at the vehicle the officers smelled a strong odor of an alcoholic beverage emitting from within the vehicle. Levy was asked to exit his vehicle and subsequently was asked to perform a series of Field Sobriety Tests. Based upon his performance and observations made by the officers, Levy was placed under arrest for suspicion of Driving Under the Influence of Alchol (DUI). He was taken and booked into the Humboldt County Jail at approximately 0535 hours.
__________________

Now, does this affect Mr. Levy's ability to serve as Planning Commissioner? No. It does not. Whether one agrees with his views and decisions, or not.

John Chiv seems to agree, and goes further, asking "What if?" And, "Is this news?"

Yet another delay in Timothy Littlefield trial

Disposition and reset was put off another two weeks in the Timothy Littlefield case at tbe request of his attorney Russ Clanton.

Paul Gallegos agreed. The reason was that Mr. Clanton needs time to discuss a resolution with Mr. Gallegos proposed in emails.

...The next court date is July 29 at 2 p.m.

Tuesday, July 08, 2014

Plea deal in the crossbow case.

King sentenced to over 18 years in state prison for crossbow killing - Will Houston/TS
Pleading guilty to the charges of voluntary manslaughter and attempted murder with enhanced allegations of using a crossbow and causing great bodily injury during a July 3 trial confirmation, Phoenix Triton King was sentenced to serve 18 years and four months in state prison. As King's defense attorney, (Humboldt County Conflict Counsel Greg) Elvine-Kreis said the decision to take the plea deal came after he and King compared their evidence with that gathered by the prosecution and determined that theirs was not sufficient to argue a perfect self-defense case.

"What happened is we got an offer for a determinate term," Elvine-Kreis said. "We balanced the evidence of what we had in a perfect self-defense case and determined that this was the better route to take. When you're looking at life in prison, you want to be assured of some things. In the end, we decided to take the offer for an out date when (King's) still somewhat young."
Crazy. Good choice? To plea out? Or not?

Monday, July 07, 2014

Ferrer UPDATES

Today was the day to decide whether to sever the Ferrer case(s) - try the defendants as one or separately...

Ferrer jury trial date of August 4 vacated based on request by defense - John Chiv/Words Worth
New date will be set on July 21st. Defense has not received discovery essential to the case and that they also need to provide to expert witnesses. In Juan Ferrer's case and Sophie Rocheleau's case, two expert witnesses schedules also impacted the decision.
Motion to sever Ferrer, Stoiber and Rocheleau cases temporarily on hold until July 21st - John Chiv/Words Worth
District Attorney Paul Gallegos opposed the motion to sever each case.
Gallegos gets a bit of a dress down in defense's oral arguments before the court today in Ferrer case

Gallegos's decision to edit, leave out statements in Ferrer case was called incorrect by defense counsel, Benjamin Okin who represents Sophie Rocheleau and he was told to listen to interviews by Ms. Jennifer Dixon, who represents Nicholas Stoiber.

Mr. Gallegos suggested that statements implicating other co-defendants could simply be excluded and redacted and this was challenged by all three defense counsel.

"I think Mr. Gallegos incorrectly purports..."
said Mr. Okin. He said that Mr. Gallegos thinks by changing pronouns from we to I cannot prevent the reason all three defense counsel are requesting cases to be severed.

"These statements cannot be carved out by scapel," said Mr. Okin. "It is not possible to not use the statements in their entirety. Without the statements of the three defendants, there is no case. The only way to proceed is to sever all three cases"
__________________

So, if the media shows up for the case when the race was on, but not after - then who was politicizing the case? The candidates? Or the media?

Two views. Two choices.

You will be remembered for your love and changing lives, not taking a life - John Chiv/Words Worth

Locals - Linda Stansberry/The Journal

Friday, July 04, 2014

Today's headlines: Drugs, Drugs, And More Drugs.

Happy Fourth.

If you can bear to visit the ◼ http://www.times-standard.com online, have at it, it's so loaded up with intrusive ads, it's not worth the time, IMO. But here's the headlines for today:

BREAKING NEWS

EPD's Problem Oriented Policing Unit arrested 2 suspects today on suspicion of drug-related charges (press release)

Facebook may not have obtained 'informed consent,' scientific journal says (not local)

APD: West Virginian man arrested on suspicion of arson (press release)

CHP: Motorcyclist sustained major injuries after accident last Friday (press release)

CHP: Driver taken to hospital in Chico for major injuries after his vehicle rolled over (press release)

Ferndale Police Department: Fortuna resident arrested on suspicion of drug-related charges after traffic stop (press release)

Eureka man arrested on suspicion of possession of meth, stolen property (press release)

Sheriff's office investigates suspicious device in McKinleyville

CHP look into fatal accident near Bell Springs Road (press release)

CHP investigate fatal ATV crash near Laytonville (press release)

Eureka fireworks ready for blast-off: Behind the scenes of the show

MORE LOCAL NEWS

A last home in the forest: Hospice of Humboldt constructing new Eureka campus

Fortuna resident arrested on suspicion of possessing cornucopia of drugs

Two arrested in Eureka meth, heroin bust

Thursday, July 03, 2014

"I don't want to wait 6 weeks"

Vincent Sanchez disposition continued after he argues with his attorney in court - John Chiv/Words Worth 7/2/14
(Vincent Sanchez, the double murder suspect from the Harris Street murders) - His attorney Ms. Dixon wanted an additional 6 weeks so that an expert from UC Davis would be available. That expert witness is not available until the first week of August. Sanchez did not want to waive time for his preliminary hearing....The disposition hearing has been continued for another week so Ms. Dixon can privately talk with Sanchez and see if he still wants to move forward before the six weeks.
Vincent Sanchez'd record requested from Metropolitan State Hospital - John Chiv/Words Worth 7/2/14
__________________

Given the disarray in the DA's Office, wouldn't you demand an immediate trial? They don't have time to get their case together.

Reason #2 why it's a great time to be a criminal in Humboldt County these days.

Tuesday, July 01, 2014

And, another big one...

Allegations of kidnapping, human trafficking, forcible rape and more in Anderson jury trial - John Chiv/Words Worth.
The allegations above also include oral copulation, sexual intercourse with force and violence, one alleged victim between the ages of 14 and 18 and sexual battery. And this is just the charging document.

Today DDA Luke Brownfield and Anderson's attorney, Ben McLaughlin gave opening arguments....

Chiv can't cover all the trials, you guys are gonna need to send some more reporters.

BACKGROUND:
"Because of my situation, I felt I had no control over what my body was doing; it was David's decision." - John Chiv/Words Worth 6/2/14

Ex girlfriend of Bodhi Tree who also knew David Anderson provides a human side to these two men - John Chiv/Words Worth 6/2/14

David Anderson and Jason Warren court dates update. Warren death penalty sought; Anderson human trafficking, sex offenses and more - John Chiv/Words Worth 4/30/14

Human trafficking with a minor, new count added to David Anderson case - John Chiv/Words Worth 4/16/14

Will David Anderson Trial commence as scheduled or not? - John Chiv/Words Worth 5/6/14

Anderson prelim today, McLaughlin vs Brownfield round 2 - John Chiv/Words Worth 5/6/14

Anderson, Ferrer, Bodhi Tree, Hillegeist, Littlefield and more; only so many Judges and Courtrooms - John Chiv/Words Worth 2/25/14

Former DeputyDA Ben McLaughlin (now defense attorney) scores a win against former co-worker - John Chiv/Words Worth 4/24/14
The defense had filed a motion that there was failure to provide adequate discovery. Count 1 of kidnapping and Count 6 threats to commit crime resulting in death were dismissed earlier in the case. The case was dismissed the day jury trial was to proceed.