Sunday, July 03, 2016

You think I’m lazy? Dude, that’s old school. Are you one of those old Baby Boomers?

GREAT FUNNY read by Tim Martin in today's Times-Standard...

Help me, bro! I’m lazy — it’s my choice! - Tim Martin/Times-Standard

Yo, buddy! Can you spare five bucks for a cup of coffee? What’s that? Am I looking for work? Naw, I’m just passing through. Why don’t I want a job? Well, first I have to look neat and respectable to interview. For that I need a shower. Or I have to apply online, and that requires a computer. My only access to a computer is the public library, which involves $1.50 bus fare. I also need a work history and clean clothes to get a job.

Man, it’s all just one big drag.....

Thursday, June 16, 2016

Was he set up?

That was going to be the title of my post. After ◼ reading the testimony at Chiv's blog, I texted a friend and said 'it's going to be NOT GUILTY.' John's reporting gives you the full flavor of the trial...

And today, the verdict came in; John reports ◼ Jason Daniels, ex HCSO deputy found not guilty on all counts (Jun 16, 2016 1:22 PM )

Read more at the link(s). Plus KMUD interviewed John about the case...

Jury declares former Humboldt County Sheriff’s Sergeant accused Sexual Assault Not Guilty - News Channel 3
Former HCSO Sgt. Jason Daniels Found Not Guilty - North Coast Journal
Daniels found not guilty on all counts - Mad River Union
Former sheriff’s sergeant found not guilty on all counts - Times-Standard

◼ EARLIER: Verdict in for sexual assault case for ex HCSO deputy Jason Daniels
Daniels' jury sends in three notes for readbacks, one after another while court is in process of the first request
Jason Daniel's jury asks for readback of Jane Doe #1's friend's testimony
Defense wants to have it both ways"
"Jason Daniels fell prey to two desperate opportunists"; defense calls alleged victims con
"This is really a case about unchecked power."
Closing arguments over in Jason Daniels' case, jury started deliberations at 11:15
Jason Daniels denies any wrongdoing with Jane Doe #1; says he never had any contact and does not know Jane Doe #2
"Did you want any of what Mr. Daniels did to you to happen?"
"He doesn't like that, he pushes me back on the car. "I am trying to stand up. My hands are in front of me. I said, 'what the hell" He said, "yeah, you like that'. He is sliding my underwear and violently pushing his hand inside me"
Jury trial finally begins for ex HCSO Deputy Jason Daniels who is charged with on duty sexual assault - May 31
Jane Doe gives graphic testimony of sexual assault and Daniels asking her "Do you like that?" - March 24

Wednesday, June 15, 2016

Get the latest court updates

If you like the running updates, and like staying informed as to what is going on in the courthouse or following a particular case, (and many of you do), bookmark and subscribe to John Chiv's blog and Like/Follow John on Facebook, Follow John on Twitter at @wordsworth318 .... you’ll be in the know. If you usually come in via LoCo’s ‘Elsewhere’ LoCo isn’t going to be linking the updates, so you’ll have to wait for their new end of the day recap and links. Chiv's also linked at watchpaul, SamoaSoftball, Eric Kirk's SoHum Parlance, and on occasion on Kym Kemp's RedHeaded Blackbelt.

Tuesday, May 03, 2016

Tres Chic:

How Shipping Containers Are Finding Second Lives as High-Design Structures all around the world - ARCHDG.CO|BY STEFANIE WALDEK

...Durable, plentiful, and affordable, cargo containers have taken the architecture world by storm, metamorphosing into much more than simple metal boxes....

(See, you can even have infill)

Monday, May 02, 2016

Goodness and mercy (UPDATES)

A Morning Emergency in the Palco Marsh - Linda Stansberry/North Coast Journal

Kim Bergel is doing something to help.

A whole lot of people are trying.

And now Devil's Playground is being cleaned up - again:

Fires Break Out, Things Explode as Palco Marsh Evictions Begin - LoCo is UPDATING
UPDATE, 10:43 a.m.: Interview with Betty Chinn

Tireless homeless advocate Betty Chinn tells the Outpost‘s Andrew Goff that she was very worried about this morning’s operations, but after spending time on the scene she feels “hugely relieved.” The Eureka Police Department, she said, is handling things “really, really well.”

As for the availability of housing, Chinn said that there are enough beds for everyone who wants to go. “I love this community,” she said. (Audio interview at LoCo)
Some Transition Into Shipping Containers, Others Prepare for Conflict Hours Before Palco Marsh Exodus - LoCo

Setting of the scene and the human face of the Palco Marsh evictions this morning, not through words but photos - John Chiv/Words Worth
So far, no issues at the Palco Marsh, except for a handful of protestors; one from Arcata yelling, "What is your capacity,officer?" - John Chiv/Words Worth
Are there people at the Marsh discouraging others from moving out? If so, who and why? If people felt safe, I could get answers - John Chiv/Words Worth
"Where specifically in the record is there evidence of this contention?"; Judge White asked Peter Martin and the plaintiffs - John Chiv/Words Worth

Marian Brady reports: The new shelter at 3rd and Commercial is ready for tenants. Betty is here greeting people who have registered.
At least 21 individuals made the transition to the new shelters yesterday according to Betty. I hope more choose to move their belongings and live at the new site. The city is also storing belongings so that the displaced campers can stay at the other designated sleeping sites knowing their stuff will be safely locked up until they are ready to claim it again. At the Commercial St. site, people with dogs are welcomed and a kennel area provided for the day; animals stay with their owners at night in their rooms. As a friend said, this transition facility offers a Chance for a Choice.

Friday, April 29, 2016

“If you think you have sold heroin to an undercover officer or police informant, we are looking for you. You know who you are.”

‘Operation Party’s Over’: EPD Concludes Lengthy Undercover Marsh Heroin Sting; Five Arrested - LoCo

After the undercover sting was over, warrants for possession of heroin for sale were written for multiple individuals. To date, Tracy Adams Jr. (26), Martin Crossnoe (49), Philip Myers (26), Larry Gibson (29), and Brian Keffer (39) have been arrested and booked into the Humboldt County Correctional Facility for possession of heroin for sale. Additional warrant(s) may be sought in the future.

Chief Mills said, “If you think you have sold heroin to an undercover officer or police informant, we are looking for you. You know who you are.” Additional arrest(s) will be made on or before May 2, 2016.

Wednesday, April 27, 2016

Weird Push Poll: HC Pot "Conservation" Tax Proposal

An illiterate and almost completely unintelligible semi-push-poll - asking whether you'd be in favor of a TAX on pot grows. Promising the moon, this tax will solve everything from child abuse to the environment. You have to hear the incredible list they lay out, would that make you support this tax?

Ummmm, no. You have to LEGALIZE it first, guys.

(And note to whoever is doing the poll, get someone who can READ. This was embarrassing)

Tuesday, April 19, 2016

This, and Bullock - why you don't raise your kids around drugs - lives wasted. Kailan Meserve found guilty of 15 counts

It is sad for both these families. But sadder still for the victims, who didn't deserve any of what came.

And attorney Russ Clanton no longer has a free pass, get your guy out of jail free (while raking in the bucks) card.

Pot is bad. The pot culture is bad.

DA on Kailan Meserve Verdict - JohnChiv/Words Worth Apr 19, 2016
Kailan Meserve tells his family, "I will see you later. It's ok. I love you." - JohnChiv/Words Worth Apr 19, 2016
Finally, some justice for victims, particularly women and children, under District Attorney Maggie Fleming's leadership. - JohnChiv/Words Worth Apr 19, 2016
Kailan Meserve found guilty of 15 counts, taken away in cuffs after verdict - JohnChiv/Words Worth Apr 19, 2016
Sentencing is July 1st at 8:30 a.m.
Verdict in for Kailan Meserve case - JohnChiv/Words Worth Apr 19, 2016
After talking to Jane Doe #2, Jeff Groeling calls Travis Howe, another close friend of Meserve and says, "We have a problem." - JohnChiv/Words Worth Apr 19, 2016
Defense argument in Kailan Meserve case mostly speculation; prosecution rebuttal exposes defense claims - JohnChiv/Words Worth Apr 19, 2016
"We treat rape victims differently than other victims...That's what we do. We put blame on them." - JohnChiv/Words Worth Apr 19, 2016

"She was frozen with fear... She tells him no. He doesn't stop. After that she doesn't say no." - JohnChiv/Words Worth Apr 18, 2016
Close to verdict in Meserve case? Jury sends note says they are missing one verdict form - JohnChiv/Words Worth Apr 18, 2016

Monday, April 11, 2016

GUILTY on all counts

Phase 2 to start Friday and go all day, same on the following Monday and Tuesday. - John Chiv/Words Worth Apr 11, 2016 11:51 AM
I think a verdict is in for the Bullock case... - John Chiv/Words Worth Apr 11, 2016 11:07 AM
Bullock jury sends another note to the Judge - John Chiv/Words Worth Apr 11, 2016 9:29 AM

Bullock Found Guilty on All Counts - Lost Coast Outpost 11:51 AM
On its fourth day of deliberations, a jury today found Gary Lee Bullock guilty on all charges, including the first degree murder of Father Eric Freed on Jan. 1, 2014, with special allegations of murder while engaged in torture, residential burglary and carjacking.

Bullock was also found guilty of two counts of residential burglary, the unlawful taking of a vehicle, carjacking (a separate charge), attempted arson and torture (again, a stand-alone charge), all felonies.

With the guilty verdicts now issued, the case will move on to phase two, during which the jury will consider whether Bullock was legally insane when the crimes were committed.

Thursday, April 07, 2016

Waiting: Bullock

Jury Deliberation: Chiv's Coverage: (And a nice write-up regarding Chiv's coverage: ◼ Indie blogger John Chiv provides a vital window into the courtroom at The Mad River Union ◼ Thank you to Elizabeth Alves and Mad River Union for an unexpected surprise)

One juror missing so jury deliberations in Bullock have been postponed until Monday - John Chiv/Words Worth Apr 8, 2016

Media takeover second floor of the Courthouse : Ryan, Paul, Sierra, Zach, Chiv with cameo by Goff - John Chiv/Words Worth Apr 7, 2016
Day 3, three questions,and still no decision in Bullock case - John Chiv/Words Worth Apr 7, 2016
Yet another question, no verdict in Bullock case - John Chiv/Words Worth Apr 7, 2016

No decision on second day in Bullock trial, jury leaves at 4 - John Chiv/Words Worth Apr 6, 2016
Verdict in Bullock case? False alarm. The jury request video from the church, not sure whether day time or night surveillance video. - John Chiv/Words Worth Apr 6, 2016

No decision in Bullock jury leaves for the day - John Chiv/Words Worth Apr 5, 2016
What Fr. Eric's response to a verdict would be - John Chiv/Words Worth Apr 5, 2016
"Fr. Freed is not waiting for revenge or retribution; he is waiting for justice. Whether there is justice for Fr. Freed is up to you." - John Chiv/Words Worth Apr 5, 2016
Bullock case goes to jury for deliberation - John Chiv/Words Worth Apr 5, 2016

Defense closing asserts that Bullock killed Fr, Freed in hot, explosive anger." - John Chiv/Words Worth Apr 4, 2016
"I have to prove that Gary Bullock intentionally killed Fr. Eric Freed. You cannot unintentionally strangle someone." - John Chiv/Words Worth Apr 4, 2016
"Why the fuck would I murder someone? You are saying because I was cold? Bullshit." - John Chiv/Words Worth Apr 4, 2016
People rest rebuttal, defense no surrebuttal, jury to hear closing instruction and arguments in Bullock case - John Chiv/Words Worth Apr 4, 2016

Clarifying errors in mainstream media coverage on the Bullock jury trial, especially a major one in NCJ's latest article - John Chiv/Words Worth Apr 1, 2016
The biggest error in Bullock trial coverage has been made by Thad Greenson in the North Coast Journal, which could have been avoided, simply by a small addition stating, "to my knowledge". Thad has covered courts before. The M'Naghten rule and it applying to this case has been covered more than once on my blog in the last year, Times-Standard did an article a couple months ago. The information in the NCJ article is not new. The recent article by Thad it highlights some valid points and challenges about the insanity defense, however it incorrectly states that the Bullock jury is unaware that the trial is bifurcated. Thad only covered Mr. Isaac's opening statement. He has not been in court on any other day for this case. Therefore, he is unaware that from the beginning of jury selection, the jurors were made aware that there would be two phases to this trial. They are very aware that if a guilty verdict is reached in the first phase, then there will phase two to determine whether not guilty by insanity can be proved by the defense. Due to the gag order, no one from the courts can correct or talk about this error.
Closed courtroom in Bullock case while closing instructions for Bullock case are being finalized - John Chiv/Words Worth Mar 30, 2016

"You made a choice one day to go where you wanted to go. We tried to help you. You made harsh choices. You chose your own self over everything. You wanted to get high and say fuck everything else." - John Chiv/Words Worth Mar 29, 2016
"In all the hours of recordings you heard, does he ever talk about what Fr. Freed lost.?" - John Chiv/Words Worth Mar 29, 2016
Defense rests, people present rebuttal, closing arguments in Bullock April 4 - John Chiv/Words Worth Mar 29, 2016
People will be allowed to question Bullock's step father about Bullock's prior drug use and "issues with family" - John Chiv/Words Worth Mar 29, 2016
"Did you feel responsible for what happened to Fr. Freed? We find out security guard was also a St. Bernard's parishioner - John Chiv/Words Worth Mar 29, 2016

In Phase 1 of Bullock trial , is Mr. Cockrum going for voluntary intoxication? - John Chiv/Words Worth Mar 28, 2016
Based on defense opening, could Bullock trial conclude tomorrow with closing arguments? - John Chiv/Words Worth Mar 28, 2016
"Can I release you from your prison?" is what Bullock told a correctional officer after he was released on New Year's Eve - John Chiv/Words Worth Mar 28, 2016
"This is not a whodunnit but a howdunnit"; "What was going through Gary Bullock's mind?" - John Chiv/Words Worth Mar 28, 2016
People win key motions in limine in Bullock jury trial before defense begins their case - John Chiv/Words Worth Mar 28, 2016
Will Archangel Michael be Gary Bullock's savior to claim insanity? - John Chiv/Words Worth Mar 28, 2016

"The defense is now trying to reduce the defendant's mental state and his accountability of his actions."People win motion to bar defense from using Bullock's statements to law enforcement - John Chiv/Words Worth Mar 25, 2016
"Please bathe", why Fr. Eric would tell us this at Easter, his most favorite time of the year - John Chiv/Words Worth Mar 25, 2016
A glimpse of Fr. Eric and who he was for those who never met him - John Chiv/Words Worth Mar 25, 2016
Top of the ear torn; " bleeding indicates that he was alive" testifies Dr. Super; Fr. Freed's face so bloodied and bruised that he was barely recognizable - John Chiv/Words Worth Mar 25, 2016
People rest their case in Bullock jury trial, according to schedule stated in Mr. Isaac's opening argument - John Chiv/Words Worth Mar 25, 2016
Graphic, bloodied photos and details by Coroner tell the disturbing details of Fr. Freed's torture and death - John Chiv/Words Worth Mar 25, 2016

More, inc. the ongoing coverage from LoCo, MRY and TS t/k:

Saturday, March 12, 2016

Former District Attorney Paul Gallegos was handling the case, he was criticized by the Court of Appeals in their ruling as basically, a prosecutor not knowing the law.

Losing count. How many of these are there? One after another, the Gallegos failures come to light. He'll be screwing up the justice system for years to come. Was it purposeful? (Clinton being his buddy), or was it just simple incompetence? Lack of caring?

This is one of those cases that gets dropped from the public eye, but John Chiv is keeping track of what's been going on. Click on over, and get 'the scoop.'

Basically, Clanton's still dragging this thing out. Must be good money in it.

"I am not leaning on any case law that Mr. Clanton is unfamiliar with"; Timothy Littlefield's lawyer says he is not obligated to follow Court of Appeals suggestion for a new trial - John Chiv/Words Worth Mar 11, 2016

Remittitur issued in the Timothy Littlefield case today - John Chiv/Words Worth - Feb 17, 2016
Remittitur is a process by which jurisdiction is transferred back from the appellate court to the trial court. Remittitur divests the appellate court of the jurisdiction after it has resolved the appeal, and permits full jurisdiction over the judgment to be returned to the trial court.
"This case involves multiple acts of molestation of a child who was 8 years old at the time, the victim is now a teenager and has been waiting a long time for finality", Cook and Associates to investigate Timothy Littlefield case
- John Chiv/Words Worth - Feb 3, 2016

Timothy Littlefield cuffed and taken unto custody, no bail, says I love you to his father twice - Feb 3, 2016

This one has been going on for YEARS.

Monday, February 29, 2016

Recorded messages: "I will not lose my house over your drug use"

"I will not lose my house over your drug use" - John Chiv/Words Worth Feb 29, 2016

Bullock is heard telling his grandmother he needs her help. He asks her to bail him out and she tells him she does not have the money. He tells her to get out it is $120,000 and she should put her house up.

That is when she says, ""I will not lose my house over your drug use." She says no to him several times in the selection we heard. "If I let you out, you will go back to drugs." Bullock says he won't. She says she has heard that before. Then she says "You killed somebody." He responds, "No, I didn't. I 'll explain it to you."

Jury selection and evidentiary hearings start in Gary Lee Bullock case - John Chiv/Words Worth Feb 29, 2016

May God's forgiveness and strength be with us but also Gary Lee Bullock and his family - John Chiv/Words Worth Feb 28, 2016

In Recorded Phone Call, Bullock Pleaded With His Grandma to Put Her House Up for His Bail - Ryan Burns/Lost Coast Outpost

Jury Selection Begins in Trial of Gary Lee Bullock, Accused of Murdering Catholic Priest - Ryan Burns/Lost Coast Outpost

Gary Lee Bullock sat quietly in the courtroom this morning as Judge John T. Feeney began the process of selecting a jury for the case against him. Bullock, 46, stands accused of murdering Father Eric Freed, beloved priest at Eureka’s St. Bernard Catholic Parish, on New Year’s Day 2014, with special allegations of torture and carjacking. He has pleaded not guilty by reason of insanity.

Bullock is represented by Kaleb Cockrum, from Humboldt County’s Conflict Counsel Office, with Deputy District Attorney Andrew Isaac leading the prosecution. The morning court session was occupied by Feeney working through a stack of jury questionnaires, dismissing people with obvious hardships and ultimately selecting 31 potential jurors to fill out long-form questionnaires.

Thursday, February 25, 2016

Another lawsuit, complete with emails and intrigue

Woods never contacted me back; HUMMAP sues county's cannabis ordinance, the lawsuit Sawatsky was going to fund? - John Chiv/Words Worth Feb 24, 2016
Feb 17, 2016 - Anti marijuana Kent Sawatsky to fund a lawsuit for HUMMAP? Woods and Sawatsky Humboldt County's latest odd couple?
Public watch dog Kent Sawatsky has threatened action before before against Judge Bruce Watson but no follow through.

In the past, he has been very vocal about being anti cannabis, particularly chewing out the Humboldt County Board of Supervisors for the Medical Marijuana Land Use Ordinance.

These are just two quotes from two of my posts:
"We currently have the highest capita of criminals in U.S. with crimes such as tax evasion and money laundering": Kent Sawatsky

"Weed greed and children do not mix" : Kent Sawatsky
Mr. Sawatsky is willing to fund a lawsuit but has to become a member of HUMMAP and allegedly he wants his involvement kept quiet until this is official.

Except his potential plan hit a hitch.

Not all HUMMAP members are thrilled with this potential alliance. (According to emails from some of the HUMMAP members)

Arreaga case falls apart, ends with 'Not Guilty'

Recently acquitted in double homicide, Arreaga still has preliminary hearing scheduled for possession of drugs in jail - John Chiv/Words Worth

" Arreaga got away with murdering Angel Tully and Harley Hammers Jr! We really feel he was the shooter and Shavonne Hammers was the cause of it! " - John Chiv/Words Worth

Jury in Fieldbrook double homicide case second trial finds Arreaga not guilty on both counts - John Chiv/Words Worth

Second jury trial for double murder in Fieldbrook concludes, jury deliberations started late this afternoon - John Chiv/Words Worth

NO plea deal made with any of the murder suspects in 14 year old Jesus Garcia's homicide

DA has not made a plea deal with any murder suspect in 14 year old Jesus Garcia's homicide - John Chiv/Words Worth

FOLLOW John Chiv's blog for daily updates and details on court cases. At the link.

New attorney appointed for Joe Olivio, Jr, one of four suspects in Jesus Garcia homicide - John Chiv/Words Worth Feb 23, 2016
Feb 19, 2016 - Lot of last minute changes in the court hearings and attorneys for the four suspects charged in the death of 14 year old Jesus Romero-Garcia
Feb 18, 2016 - Joe Olivio III's arraignment continued for another week; he is charged with the homicide of Jesus Garcia
Feb 16, 2016 - Joe Daniel Olivio, another suspect in homicide of Jesus Garcia arraigned this afternoon
Feb 9, 2016 - Appointment of attorney for Nicholas Leigl, a suspect in the Jesus Garcia homicide, with alleged ties to the 18th street gang in limbo
Feb 5, 2016 - No bail for Nicholas Leigl, first suspect arraigned for homicide of Jesus Garcia
Feb 5, 2016 - Nicholas Leigl, one of the suspects in the Jesus Romero-Garcia with alleged ties to the 18th street gang arraigned for murder and criminal street gang charges
Feb 4, 2016 - District Attorney Maggie Fleming gives update on status of arraignments for suspects in Jesus Garcia homicide
Mario Nunez, suspect in Jesus Garcia homicide gets preliminary hearing date set in March, for now - John Chiv/Words Worth Feb 23, 2016

No bail for Mario Nunez, third suspect in alleged gang related homicide and death of Jesus,Garcia, arraignment continued - John Chiv/Words Worth Feb 19, 2016

Homicide of 14 year old from 2014 involves alleged connection to Mexican gang mafia - John Chiv/Words Worth Feb 4, 2016

Transparency and efficiency

Remember all those claims that Gallegos modernized the office?

Looks like someone else finally did it.

Public may soon be able to view Humboldt Superior Court case management system from home; this is one of the many future changes under the leadership of new Court CEO - John Chiv/Words Worth

Humboldt County Superior Court CEO Kim Bartleson started in October 2015. In just four months, there have been some visible changes and others that the public will be seeing in the future. She comes to Humboldt County with 22 years of experience as a CEO in Washington State.

As someone who spends a lot of time and daily at the Courthouse, within days of Ms. Bartleson taking over, the most obvious changes I saw were in staff morale and information to the public. Even with last minute changes, the electronic calendars are more up to date now. Unlike her predecessor, Ms. Bartleson is very accessible and helpful....

"As of right now, there are 366 criminal jury trials set. Between the time period of 9/25/15 – 12/25/15 there were 626 criminal jury trials set."

Saturday, February 20, 2016

R.I.P. Charles Ollivier

A big loss. The Frenchman. Loved life, cooking, fast German cars, his family, and Humboldt Bay, the harbor and the port. So many good stories about life as a longshoreman, and in coming to Humboldt County in general.

Charles Louis Bernard Ollivier August 20, 1936 - February 16, 2016

CHARLES LOUIS BERNARD OLLIVIER August 20, 1936 - February 16, 2016

Charles Ollivier died suddenly at home in McKinleyville with his wife and son at his side.

Born in Agen, France, he was the second of three children to Marie Jean Guibert Ollivier and Eloi Desiree Ollivier. Charles' family moved from France to the U.S.A. in 1951 when he was 14 years of age.

He graduated with a "Certificat d'Etudes Primaires Elementaires' from the Academie de Grenoble, Department Des Hautes-Alpes in 1950, and received a diploma from Arcata High School in 1954. He attended Humboldt State University.

Charles brought his love of everything French with him and was glad to share it with anyone anywhere.

Charles worked in local mills, Humboldt Plywood, Roddiscraft, Weyerhauser, and Simpson Lumber Company before proudly becoming a member of the International Longshoremen & Warehousemans Union Local 14. He worked as a longshoreman for 35 years before retiring in 2002. He spent 16 terms as Union President, and also served many times on the Labor Relations Committee as Chairman, Caucus Convention Delegate and on the California Small Ports Committee. He was proud of being a labor organizer and union supporter. With a love for meeting people and his interest in real estate, he completed and received his Certificate of Completion from Anthony Schools in 1971 and worked in several local offices as a Realtor while working as a longshoreman.

He was an elected 5th District Commissioner for 16 years on the Humboldt Bay Harbor, Recreation, and Conservation District, serving on numerous committees and with much pride on the Pilotage Committee. He was appointed to the North Coast Railroad Authority (NCRA) Board of Directors. Appointed by Congressman Hamburg, Charles served on President Clinton's Forest Conference in Portland, Oregon on April 17, 1993. Certificate of Special Recognition from the Humboldt County Board of Supervisors for five years of outstanding service on the Board of the North Coast Railroad Authority and for 16 years of exceptional public service as the 5th Division Commissioner on the Humboldt Bay Harbor, Recreation and Conservation District Board was awarded to Charles on August 18, 2009. His service on non-profit boards, Lions Club, and coaching sport teams are too numerous to list.

The enthusiasm and interests in his family and his community were primary in his life. He also thoroughly enjoyed cooking. He collected an impressive Jazz music library, and had an awesome singing voice, often being mistaken as Tony Bennett or another Hollywood celebrity. He enjoyed history, economics, geography and mathematics, and people. He loved dressing well.

He is survived by his partner, wife, and best friend of over 40 years, Carol Ollivier. He is also survived by his beloved sister Helene Black and brother Daniel (Jayne) Ollivier, and his much beloved children: Philip Ollivier (Denise Payne), Jeanine Ollivier Rollins (David), Marc Ollivier (YuShu), Carol's son Sean Sullivan; grandchildren: Jenn Ollivier, Brian Ollivier, Graham Payne, Sean Patrick Sullivan (Janelle Fauquet) and Maxx (Michelle) Sullivan; great grandsons Vincent Ostenberg and Patrick James (PJ) Sullivan; niece and nephew Cathie Hatfield (Matthew Buckley), and Robert Black (Michelle Palermo) and great niece Desiree Hatfield Buckley and Sophie Palermo Black; sister-in-Law Beverly Bennett, and brothers-in-Law Kenneth (Fumiko) Keltner and James Keltner. There are many, many other wonderful nieces and nephews, especially great grand niece Megan Harrison Evenson. Charles was preceded in death by his parents and stepson Patrick Sullivan.

Mass for Christian Burial will be at 11 a.m. Tuesday, February 23rd at St. Bernard's Church, 6th & H Street, Eureka. Family and friends may attend the burial/interment at 10 a.m. on Wednesday at the Greenwood Cemetery, 1757 J Street, Arcata. Please sign the guestbook at under obituaries.

Published in Eureka Times-Standard on Feb. 20, 2016

Tuesday, January 26, 2016

Prosecutor; Paul Gallegos. The fuck-ups just keep coming.

And this one is a shining example.

Then, on appeal, this one will get off because Gallegos didn't ensure that proper procedures were followed. Failure to give instruction on 2nd Degree Murder.

First degree murder verdict overturned by First Appellate District in Ryan Salas case, defense counsel "ineffective", court "erred" - John Chiv/Words Worth

RYAN ANTHONY SALAS, Defendant and Appellant.
A138588 (Humboldt County Super. Ct. No. CR1201698)

Appellant Ryan Anthony Salas was convicted, following a jury trial, of first degree felony murder, possession of a firearm by a felon, conspiracy to commit robbery, and conspiracy to commit burglary. The jury also found true both a felony-murder special-circumstance allegation and several other enhancement allegations. On appeal, he contends (1) defense counsel was ineffective because he did not request an instruction on voluntary intoxication or argue that theory to the jury; (2) the trial court erred when it failed to instruct sua sponte on attempt in connection with the predicate felonies for felony murder; (3) the trial court erred when it failed to instruct on the nexus requirement for felony murder or, in the alternative, defense counsel was ineffective for failing to request such an instruction; (4) the trial court erred when it failed to instruct sua sponte on the lesser-included offense of second degree murder or, in the alternative, counsel was ineffective for requesting that the court not so-instruct the jury; (5) the trial court improperly instructed the jury on the felony-murder special-circumstance allegation; and (6) the cumulative effect of the errors raised on appeal requires reversal of the judgment.

In a petition for writ of habeas corpus (habeas petition), appellant further contends defense counsel was ineffective for (1) failing to investigate or develop evidence regarding the defense of voluntary intoxication; (2) failing to use available evidence of voluntary intoxication as a defense at trial or as a basis for requesting an instruction on voluntary intoxication; (3) failing to request an instruction on the nexus requirement for felony murder; (4) persuading the trial court not to instruct on the lesser-included offense of second degree murder. He also argues that the cumulative effect of counsel’s deficient performance requires reversal of the judgment.
We conclude defense counsel was ineffective for requesting that the court not instruct the jury on the lesser-included offense of second degree murder and the court erred in failing to instruct on attempt in connection with the predicate felonies for felony murder. We shall therefore reverse the first degree murder conviction and felony-murder special-circumstance true finding. As we shall explain (see pt. II, post), we need not address the merits of the other issues raised on appeal or in appellant’s habeas petition, which we shall deny in a separate order.

...Here, the record reflects that defense counsel expressly requested that the trial court not instruct the jury on second degree murder. While the discussion regarding jury instructions was not held on the record, the trial court’s remarks made clear that it would not be giving a second degree murder instruction at counsel’s request. Moreover, although counsel’s reason for this request was not stated on the record, that he affirmatively made the request demonstrates a “clearly implied tactical purpose,” which is “sufficient to invoke the invited error rule.” (Coffman, supra, 34 Cal.4th at p. 49.) Consequently, appellant cannot now claim the court erred in failing to instruct the jury on second degree murder. (See ibid.)...

...The court concluded the instruction as follows: “If you decide that the defendant committed murder, you must then decide whether it is murder of the first[.]” As noted, the court crossed out the remainder of the final sentence of CALCRIM No. 520, which stated, “or second degree.”16 This disastrous instruction told the jury that it could find appellant guilty of murder if it determined he acted with implied malice, as described in the instruction, but took away the option of convicting him of second degree murder, the only type of murder to which the implied malice portion of the instruction could apply. (See People v. Knoller (2007) 41 Cal.4th 139, 156 [“a conviction for second degree murder, based on a theory of implied malice, requires proof that a defendant acted with conscious disregard of the danger to human life”].)

The prosecutor’s closing argument further exacerbated the problem. When discussing what appellant’s possible motive could have been when, after everyone “thought it was over” and started heading back to the car, appellant said “Fuck it,” ran back to the truck, and killed Sovereign, the prosecutor asked, “So what is his motive? Is it the robbery? Is it something else? [¶] Well, ladies and gentlemen, we don’t need to prove motive to you. It could be that there is a motive that you and I will never know, but motive is not an element. The prosecution doesn’t need to prove that to you in any murder case.

“The—the absence of motive, you can use. You can say, well, hey, they’re best friends. That’s his brother. They’ve known each other forever. The absence of motive, you can use to say he didn’t do it, but it also isn’t the absence of the fact that he did do it. So if you’re saying, okay, they’re all going there. I don’t understand. I don’t understand why he did this. I don’t know what his motive was. That is not reasonable doubt . . . .”
Later, after discussing the possible theories by which the jury could find appellant guilty of murder, the prosecutor concluded, “If some of you say, felony murder and some of you say implied malice and actual malice, gets [sic] what? Still murder. You can use that. You don’t necessarily need to agree on all of the theories for murder.” The prosecutor’s argument highlights the lack of clear evidence regarding whether appellant possessed the requisite intent for either first degree malice murder or felony murder.17 As with the misleading instructions, the prosecutor’s comments suggested to the jury that it could find appellant guilty of first degree murder even if it did not believe that appellant acted with either felonious intent or express malice, but only with implied malice.

In sum, the absence of a second degree murder instruction essentially left the jury with the all or nothing choice of first degree murder or acquittal, when the evidence suggested a middle ground. The misleading instructions on implied malice murder and the felony-murder special-circumstance, together with the prosecutor’s confusing argument, further muddied the situation and made it more likely that the jury would find appellant guilty of first degree felony murder based on a mistaken understanding of the law of felony murder and implied malice murder, and regardless of whether the evidence truly supported such a verdict.

Monday, January 25, 2016

Another Humboldt County Judge in trouble

Another Humboldt Judge Regularly Submitted Fake Paperwork to Get Paid, State Commission Finds - Hank Sims/Lost Coast Outpost
...The California Constitution requires all judges to decide cases within 90 days after they have been fully submitted and argued. If a judge fails to do so, then he forfeits his salary. (See Article 6, Section 19 of the Constitution at this link.) They are required to regularly submit signed affidavits stating that everything is on track, so that their paycheck may be released.

It is these affidavits, the commission says, that Wilson has fudged. While claiming that he had cleared all his cases on schedule, he had actually been late to various degrees — sometimes up to a month late.

Heavy workload is no excuse...
Bigger story than false salary affidavit by Judge Wilson is failure to disclose that the D.A had requested his pay records, will this undo past rulings? - John Chiv/Words Worth

Thursday, January 21, 2016

Peter Martin's prayer lawsuit denied review by CA Supreme Court

Clarification about the prayer lawsuit that was not clear from the Times-Standard article - John Chiv/Words Worth
The Appellate court dismissed and ruled against Carole Beaton and her lawyer Peter Martin in their appeal of Judge Watson's decision to uphold and allow invocations before City Council meetings.

Eureka City Frank Jager said, "We won this one."
Carole Beaton prayer lawsuit denied review by CA Supreme Cour - John Chiv/Words Worth

Thursday, January 07, 2016

Things are not ok at the Harbor District.

They weren't ok before the election, which should have opened a window onto the issues. The problems have not gone away, and all the protestations to the contrary by sitting Harbor Commissioners will not stand up to the test of time.

And it's not just Greg Dale's glaring conflict of interest.

More to come.