Bogus

What is MISSING from this report is disgraceful.
And there is no excuse for it. None.

◼ Crime rates in Humboldt County increase; statewide numbers dropping The Times Standard/Matt Drange
◼ http://ag.ca.gov/newsalerts/release.php?id=1940m Attorney General report

Awwww, it's nothing. Just the DA lying again. Nothing to see here.

But not everyone is asleep at the wheel:

◼ Crime and Politics The Journal
So you can expect this particular plank to vanish from Gallegos campaign literature as we move into the November runoff. Again, all’s fair in love and politics.

What doesn’t seem quite so seemly is Gallegos sloughing off last year’s big bump to the Times-Standard‘s Matt Drange.

”Humboldt County got hit hard last year — there was a lot of stress,” said Gallegos, who added that the economy was a key issue. “You tend to see that stress reflected in the courts.”

Yellow flag! You don’t get to claim sole credit for lowering crime rates if, when they rise, you say that it’s all someone or something else’s fault. You do the crime, you do the time (as it were).

◼ Fact Checkin’ Crime Stats The Reporta

But who FIRST called him out on it? The answer is - Allison Jackson called him out on it during the KHUM/Northcoast Journal debate.
◼ podcast here - DA Debate Video


Hank followed up with a Blogthing blog post:
◼ Crime Rates in Humboldt County
...As recently as last night, though, Gallegos himself demonstrated that he takes the numbers very seriously indeed. Both Allison Jackson and Paul Hagen called him on this in different ways. Jackson asserted that the violent crime rate has in fact gone up, not down, during his tenure. Hagen, ready with that yellow flag, wryly quizzed Gallegos about what exactly he had done to bring the crime rate down....

And a mention in the paper:
◼ Notes from the Hustings - Crime Stats

Gallegos' distortions were not challenged in the pre-election article in the Journal (DA Trials), nor did any other paper pick it up or take the time to examine his claims.



Love how he uses the year BEFORE he took office - technically saying "since he was elected" is accurate, he was elected in March of 2002, but did NOT TAKE OFFICE until January of 2003. It's a sleight of hand - it's why they say "Lies, damned lies and statistics." He cannot seriously expect to be allowed to use the 9 months that he was not in office, but he knows reporters like Matt Drange will not know to even question his statistics, or his choice of time periods. If he says it, it must be true. And since they like him, the report will read, "Gallegos stated" whereas they will slant the challenger's response, "So and so claims" - thus they always give him the upper hand.

Here's the Journal's chart(s):

Allison Jackson thanks the voters

◼ Moving forward to November
Letters to the Editor Posted: 06/24/2010 01:15:27 AM PDT

To the voters who participated in last Tuesday's Primary Election - Thank you. To my supporters, I sincerely appreciate your confidence and your vote.

As we move forward toward the November General Election, I look forward to continuing to meet you and hear your concerns about our community, and to elevating the community's awareness as to the importance of the District Attorney's Office. The issues are so very important and what happens in November will affect all of us, especially the most vulnerable of our community. These same issues will also affect our entire administration of justice, interaction with law enforcement and protection of our families in the future.

Allison Jackson
District attorney candidate

There are over 6,000 countywide absentee and provisional ballots left to count

◼ Election results hinge on additional counting McKinleyville Press
In the DA election, incumbent Paul Gallegos’ vote count stands at 11,207 or 39.72 percent of the vote. Former County Prosecutor Allison Jackson got 10,448 votes, about 37 percent of the total. Paul Hagen, a former environmental prosecutor who worked in Humboldt and other counties, got 5,229 votes, 18.53 percent of the total.

Local Attorney Kathleen Bryson, who ceased her campaign several weeks before the election, got 4.61 percent of the vote....

A pleading question: Humboldt County district attorney candidates discuss plea bargains

◼ A pleading question: Humboldt County district attorney candidates discuss plea bargains

An excellent article on the issues.

◼ Three candidates vie for Humboldt County District Attorney
◼ Humboldt County DA candidates talk administration
◼ A growing problem? Humboldt County DA candidates weigh in on marijuana enforcement

LOL

◼ arcataeye.com Crime wave.

Unbelievable

The Times Standard

◼ Paul Gallegos for district attorney

The role of district attorney is a complex one which demands a balance between two sometimes conflicting interests -- a community's sense of justice and the rules of the legal system, which are often a mystery to those unfamiliar with the process.

Current District Attorney Paul Gallegos has certainly shown lapses in judgment, in our opinion, with his penchant for hanging major cases on legal minutiae or rarely cited law, including the unsuccessful ones filed against Palco, former Fortuna Councilwoman Debi August and former Eureka Police Chief David Douglas and Lt. Tony Zanotti.

Those were unneeded distractions that took already strained resources away from what should be the office's main focus -- criminal cases.

We hope that Gallegos learned his lesson, and he appears more recently to have moderated his tone and grown into the office.

There's no doubt Gallegos brought the office into the 21st century and assembled a crack investigative team, which has solved several cold cases, including the murder of Curtis Huntzinger after nearly two decades, finally bringing closure to the boy's family.

While we have concerns about Gallegos, we also have reservations about the ability of Allison Jackson or Paul Hagen to step into the job. Jackson's passion for victims' rights is apparent and admirable, but cannot be a main focus of the office.

She especially, however, has raised several legitimate issues, including the way major criminal cases are assigned and a need to keep families informed as they navigate their way through the complex legal process.

Gallegos would do well to listen.

^^^

Right. Withholding exculpatory evidence is "hanging major cases on legal minutiae."

Charging people without the evidence to back it up is "legal minutiae."

Cases thrown out because he had the law wrong, had no basis in the law at all is "legal minutiae."

Wow.
***

Here's one of the TS's PRIOR editorials:

Times-Standard editorial - Paul Gallegos
☛ TS Gallegos' case management

Humboldt County and its District Attorney Paul Gallegos have been through a lot together. When Humboldt County voters decided to oust longtime incumbent Terry Farmer in favor of the young surfer DA, it was with an eye on cultivating some fresh blood and adding an infusion of vigor and energy in the District Attorney's Office.

It was hoped that Gallegos would bring a new perspective, and challenge that status quo.

Gallegos has done that -- he's challenged entrenched powers, and he's certainly shaken up things in Humboldt County.

The problem, though, is that nearly every major undertaking by Gallegos has ended in failure, and with each of those has come a colossal waste of time and resources, as well as an increasingly divided community.

Whereas it was initially hoped that Gallegos would bring the community together by progressively representing the bulk of the county's voters, instead he has sponsored division and rancor in nearly everything he's touched.

The case against Pacific Lumber Co., which led to a huge battle in the community that included a recall effort against Gallegos? Dismissed. The case against Fortuna Councilwoman Debi August? The same.

The case against former Chief Dave Douglas and Lt. Tony Zanotti? Dismissed.

In hindsight, we fear that with each of these cases, Gallegos has tried to live up to his own progressive legend at the expense of critical thinking.

At times, Gallegos tries to hang major cases on legal minutiae, or rarely cited bits of law, that leave other legal scholars scratching their heads. Given the preeminence of his position, and the fact that he's gambling with public chips, he needs to proceed much more carefully in his remaining time in office.

He has wasted resources, directing attention away from his office's main task -- criminal cases -- and woefully divided the community with very little if anything to show.

This newspaper endorsed Gallegos in his last election, a decision we stand by given his competition at the time. But our support, and that of the public, will be much harder to earn the next time around, given that Gallegos sometimes appears too interested in attracting headlines for filing major cases that he almost invariably loses.

If he doesn't change his stripes and fast, a loss at the polls for Gallegos may be the only victory he can secure for the rest of us.

***

Well?

Humboldt County DA candidates talk administration

◼ Humboldt County DA candidates talk administration

For whatever reason the TS site is still showing yesterday's news, but here's the Willits News link.

Truth comes out

Sock puppet Gallegos' Campaign Coordinator Richard Salzman strikes... do you believe it?

◼ Political ‘Harassment’ Claim Refuted

Read the comments thread.

Google "Funky Cold Medina" and "date rape."

and get your illustrious DA Paul Gallegos' latest get out the vote concert headliner: Tone Loc.



How fitting. Gangsta rap for a gangsta friendly DA - albeit one who is trying to pretend he is no friend to criminals.

Gallegos is either Tone Deaf or in your face, you decide.

I was told recently that this election is just more of the "culture wars" in Humboldt County - and that it comes down to whether you like your trees upright or prostrate, illustrated with hand motions.

It isn't.

To say that the "culture war" in Humboldt County is between those who like their trees upright or prostrate is such a grotesque and judgemental oversimplification it is infuriating.

But if in fact oversimplification is what we are going for - maybe we need to change the meme.

Because as far as I am concerned, this one is about those of us who like to see our 7 year olds thrive, not see them chained under the table and fed table scraps after being fucked in the ass by their abusive father.

This election is about protecting that 7 year old and putting that bad guy away, not dropping the case because you can't handle it that the little girl cries on the stand.

Unless and until people get that - I just don't know what to tell ya.

Campaign finances

◼ Full disclosure: Big money pours into supes, DA races in Humboldt County Times Standard
◼ Final Campaign Finance Statements In The Journal

◼ Endorsement dispute: Betty Chinn surprised at Humboldt County DA candidate's harassment allegation

Cheap, fraudulent direct mail pieces

Press Release----May 24
Flyers Misrepresent Local Democrats as Republicans
　
Humboldt Republican Women Federated (HRWF) is protesting the distribution of deceptive mailings that have been sent to many registered Republicans by an organization that presents local Democratic candidates claiming to be Republicans. The fliers also claim to be offered as guides on how Republicans should vote. Three local Democrats paid to be listed as if they were Republican Candidates. Bonnie Neely, candidate for Fourth District Supervisor and Patrick Cleary running for Fifth District Supervisor are Democrats. The same is true of Paul Gallegos, who is contested in his bid to stay in the District Attorney‘s office.

Loren Hanks, candidate for Congressional Representative is Republican. That is true of Carly Fiorina and Chuck DeVores who are campaigning for Barbara Boxer’s Senate seat. All the candidates for state offices on the flyers with the exception of Larry Aceves, a Nonpartisan, running for the office of Superintendent of Public Instruction are Republicans.

The candidates paid advertising fees to be shown on the flyers. It appears likely that those distributing this primarily false information published the flyers as a profit making venture since whichever candidate bought first was presented as the choices of HRWF and Humboldt County’s Central Committee for the Republican Party. Democrats paying to be on the flyer knew that it was distributed as a partially false guide for Republican voters.

Colleen Hedrick, President of HRWF and a member of the Humboldt County Central Committee) said, “The publishers appear to produce the product primarily for the bucks. However, if similar flyers targeted registered Democrats we have not had reports on that happening. Those who bought space chose to be presented as if they were endorsed by Republican organizations. The flyers are sponsored by neither HRWF nor by Humboldt County’s Republican Party.”

The flyers also took on the role of telling Republicans how to vote on Propositions 14, 15, 16 and17. California Federated Republican Women are advocating No on 14 and Yes on 15, 16 and 17.

Colleen Hedrick
***

Note: These deceptive mailers proclaim themselves "Voting Guides" - and there is a Republican version, a Democrat version and a Libertarian version. The creators use some legitimate names and candidates in order to appear legit.

It is just as dishonest to imply that Gallegos has the endorsement of the Democratic Central Committee. Neither he nor Patrick Cleary was endorsed by the HCDCC. They paid to be included - as did anyone else with an asterisk after their name.

What it is is a cheap way to get a direct mail piece in the hands of voters, and some candidates do not care about being honest.

The TS, sorta, on the three for Assessor

◼ In their own words: Three candidates vie for Humboldt County Assessor

The TS on the three running for DA

◼ Three candidates vie for Humboldt County District Attorney

Flurry becoming a snowstorm

◼ Another "news" release from the Humboldt County District Attorney's Office

NEWS RELEASE
FOR IMMEDIATE RELEASE
May 18, 2010
CONTACT: District Attorney, Paul Gallegos
PHONE: (707) 445-7411

On May 18, 2010, a jury convicted Eureka resident William Ray Seymore, 33, of felony possession of a short barreled shotgun. Mr. Seymore also admitted that he served a prior prison term for felony auto theft. Sentencing is set for June 15, 2010, at which time Mr. Seymore faces 4 years in prison.

In the late-afternoon hours of February 24th, 2010, Eureka police responded to a 911 call from the manager of the Texaco station. The call detailed an on-going disturbance in the fueling area between a male and a female. The male, later identified as William Seymore, left the scene prior to law enforcement’s arrival. By way of the 911 call and the statement provided by the female party to the disturbance, Eureka Police Officer Drake Goodale learned that Mr. Seymore likely had a sawed-off, or short barreled, shotgun inside his vehicle. From the Texaco station, Officer Goodale responded to the Blue Herron hotel, where he located the suspect vehicle and observed a sawed-off shot gun laying in plain view on the driver’s side floor board. Mr. Seymore was taken into custody without incident.

Mr. Seymore contended that the shotgun, which had neither finger print evidence nor a serial number, and which was found in a vehicle not registered in his name, was not his.

The case was prosecuted by Deputy District Attorney Ben McLaughlin.

Sentencing for the case is set for June 15, when Seymore will face up to four years in prison.
***

NEWS RELEASE
FOR IMMEDIATE RELEASE
May 19, 2010
CONTACT: District Attorney, Paul V. Gallegos
PHONE: (707)268-2568

SCHOOL ATTENDANCE REVIEW BOARD (SARB)

All Humboldt County schools utilize a School Attendance Review Board (SARB) to address problems with students who are habitually truant. The intent of SARB is to address problems early on, when attendance issues are first identified, and to work closely with the student and his/her family to find solutions to the problem.

SARB is usually successful with intervention efforts and most attendance issues are resolved after the 1st or 2nd intervention. In severe cases, when regular compliance cannot be attained through intervention efforts, the case is referred to the Humboldt County District Attorney’s Office for review. When appropriate, the HCDA’s Office files charges against the student’s parents for violations of Education Code 48293 (Failure to send a child to compulsory school). In some cases, warrants are issued – commanding that the defendant be brought before a magistrate to address the charges against them.

Within the past month, the HCDA’s Office has received several complaints about truant students and their negligent parents. After careful review, charges were brought against (5) parents - Rosalie Herrera, Krissey Hanley, Tiffany Menniweathers, Mandi Naves, and Edythe Donne. Warrants were issued for the arrest of Herrera, Hanley, and Menniweathers. It is anticipated that warrants for the others will be issued soon.

On 05-05-10, HCDA Investigators located Rosalie Herrera (age 48) at her McKinleville residence. Upon contact, she was cited and released for her outstanding warrant with a court date of 05-27-10.

HCDA Investigators then sought the assistance of the Fortuna Police Department, who located Krissey Hanley. Hanley was also cited and released with a court date of 05-26-10.

Menniweathers has also been cited and released on her outstanding warrants.

District Attorney Paul Gallegos stated, “Parents need to understand that children are their responsibility and that they have a responsibility to ensure that they attend school regularly. When they don’t, they are harming their child’s future. My office is committed to doing everything it can to ensure compliance with school guidelines and the laws pertaining to the children’s education.”
***
NEWS RELEASE
May 3, 2010
For Immediate Release
Contact: Assistant D.A. Wes Keat 445-7411

District Attorney Paul Gallegos announced today that convicted murderer Candace MacDonald was denied parole.

MacDonald applied for release for the seventh time at a hearing before the Board of Parole Hearings at Valley State Prison for Women. Though MacDonald, now 59 years old, attributed her criminality to methamphetamine addiction, the panel found that she was still unsuitable for release on parole for at least the next three years.

Convicted of first degree murder, MacDonald was sentenced in 1982 to serve a life sentence for the 1980 slaying of Solon Dunton. Dunton, 73 years old, was bound, robbed, stabbed, beaten and suffocated to death inside his Eureka home by MacDonald and crime-partner Michael English. English is also serving a life term in state prison. State law provides that those serving life sentences are released only upon approval of the Board of Parole Hearings. Assistant District Attorney Wes Keat argued against MacDonald’s release based on the risk she poses to the safety of the community.
**

NEWS RELEASE
FOR IMMEDIATE RELEASE
May 19, 2010
CONTACT: Deputy District Attorney, Ben Mainzer
PHONE: (707) 268-2567

DANIEL JAMES BRADLEY

On April 28, 2010, a jury convicted Daniel James Bradley, 29, of McKinleyville, of misdemeanor driving under the influence and driving with a blood alcohol concentration of above .08 percent. The Honorable Marilyn B. Miles presided.

On August 22, 2009, Bradley drove to a McKinleyville gas station to purchase beer after having already consumed multiple alcoholic beverages that evening. While on the premises, Bradley was contacted by Humboldt County Sherriff's deputies who happened to be parked at the gas station. After speaking with Bradley, the deputies suspected that Bradley had been driving under the influence. The deputies then handed off the investigation to the CHP. The responding CHP officer conducted a DUI investigation which confirmed the deputies' initial suspicion. Bradley was then arrested for driving under the influence and driving with a blood alcohol concentration of above .08 percent. He was subsequently transported to the Humboldt County Correctional Facility.

The case was prosecuted by Deputy District Attorney Ben Mainzer.

This is getting to be pretty funny.

PAUL HAGEN ENDORSED BY AFSCME LOCAL 1684

District Attorney candidate Paul Hagen has been endorsed by the American Federation of State, County and Municipal Employees (AFSCME) Local 1684.

“The Executive Board of AFSCME Local 1684, The Humboldt County Public Employee’s Association is pleased to announce the endorsement of Paul Hagen for District Attorney,” said the union in a written statement. “After consideration in a race which has strong candidates, it was felt that Paul fit best with the ideas and beliefs of the working families. His stance for a fair and equal playing field and willingness to consider the rights of the employee and management made him a good choice. We expect fair treatment from his office under his leadership.”

AFSCME Local 1684 is affiliated with the AFL-CIO and AFSCME District Council 57. The union represents more than 600 public employees in Humboldt and Del Norte Counties.

“Earning the endorsement of AFSCME is a great honor for me,” said Hagen. “My deceased dad was in the UAW for 32 years. The good wages and benefits he received while I grew up gave our family a solid middle class life, and my mom still receives those benefits. I understand the value of union representation and remain grateful for what they do.”

Hagen served as a prosecutor for more than eleven years in four North Coast District Attorney offices and has successfully prosecuted a wide variety of criminal and civil cases.

More information about Paul Hagen is available at www.hagenforda.com.

--
Rob Amerman, Campaign Manager
Paul Hagen for Humboldt County District Attorney 2010
Headquarters: 416 2nd Street Old Town Eureka
Mail: P.O. Box 1213 Eureka, CA 95502
707-832-8056
www.HAGENforDA.com

◼ lat SoHumParlance II

KHUM D.A. Debate, not just a podcast, but video

◼ at The Journal blogthing
◼ and at KHUM.com
◼ What will they say next? discussion at heraldo

TS election roundup:

◼ Election Roundup: Humboldt County Sheriff's Deputy Organization endorses Jackson for DA
◼ Election Roundup: Humboldt County League of Women Voters to present pros and cons of June ballot propositions
◼ Election Roundup: Virginia Bass to host fundraiser Thursday
◼ Election Roundup: Humboldt County Supervisor Bonnie Neely to be honored at Burre Dental Clinic
◼ Election Roundup: Humboldt County sheriff candidate Mike Downey to hold tri-tip dinner fundraiser

◼ Election Roundup: Evans bags endorsements

So, from the mailbox, from the Gallegos campaign:

First, the emails from George Shieman, who, it appears is working on Gallegos' campaign doing phonebanking, and who is on his endorsement list - and who also appears to be the source of comment and material on the Humboldt Herald. I imagine many of the local bloggers received it. Then the letter from Gallegos' campaign manager Natalynne Delapp....

There will be many accusations of negative campaigning made, and the implication will be that anyone who criticizes Gallegos' record is mean and indulging in negative campaigning.

For what it is worth:

From: gshieman@(redacted)
Subject: fr: George Shieman Friday April 30th note re: DA Campaign
Date: April 30, 2010 6:20:01 PM PDT
To: watchpaul.blogspot@gmail.com

This is a letter sent out by a super-experienced prosecutor who is running for
election in Mendocino County. You can see by his website...that he is not fluff
when it comes to prosecutorial experience with major cases...and major convictions.

His letter speaks for him about his thought on one of the contenders for Mr.Gallegos'
job. It is here..below....complete. Also his candidate website link.
I think that time and time again...no matter what you might think about Paul
Gallegos personally... that you will find that he is the most-complete candidate.
He is articulate, has the background that our high-technology time requires, and
puts his office in the "sunshine" literally...open to the public inspection. He promised
he would try cases in court personally.. he is there...so lawyers and citizens can see
him at work...and can have complete access to him...and the office.

I want to see my District Attorney working publicly in the courthouse. I do not want
to go back in time...to the old boy network that we had. Let's not go backward.

George Shieman Eureka/San Francisco gshieman@(redacted)
LifeTimeVoiceMail: 415-(redacted) Cell: 415-(redacted)
scroll down:


-----Original Message-----
From: gshieman@(redacted)
To: gshieman@(redacted)
Sent: Fri, Apr 30, 2010 11:29 am
Subject: David Eyster letter and campaign website

David Eyster is running for District Attorney in Mendocino
http://www.eyster4da.com/background.html

It was a surprise to read that the Sierra Club, an organization that I respect, has endorsed Paul Hagen to be Humboldt County's District Attorney. As a former prosecutor also currently seeking public office in Mendocino County, it is my belief that the elected DA of any county should be a lawyer who has demonstrated a special aptitude and fitness for prosecution work and can set forth on the campaign trail a track record of personal success in handling serious and complex criminal matters. Most elected DA's have shown exceptional trial and management skills that promote public safety, job one of any DA. I don't believe Mr. Hagen has these qualities or experience so any endorsement by any entity of Mr. Hagen comes, of course, as a surprise.
I was the senior supervisor and lead criminal trial attorney for the Mendocino County DA's Office when Mr. Hagen started as a prosecutor many years ago. As an aside, I was the prosecutor who personally prosecuted and convicted former Humboldt County District Attorney Bernie DePaoli of felony misconduct that ultimately landed him in prison. I consider myself a good judge of young legal talent and it was never a secret that I opposed Mr. Hagen's hiring. While certainly engaging at times, I found Mr. Hagen to be one of those people who only talked a good game. I still chuckle when I recall how he became terribly angry that he was not invited to a criminal procedure training session that I routinely held for our summer law clerks, volunteer interns who had only completed their first year of law school. None of the office attorneys had ever attended or even asked to attend -- this law clerk-oriented training session. No self-respecting attorney who has passed the Bar exam and is working in a DA's Office should require such a beginner's course but, unfortunately, Mr. Hagen was the exception.
So there is no confusion, I have not had any contact with Mr. Hagen since 1996 so, perhaps, he has improved his legal skill set in the intervening years. Maybe he has finally developed jury trial skills, or now has experience with developing and managing office budgets. Maybe he has served as the supervisor of a felony trial team, or personally handled notorious and violent cases like those we read about that give us chills. The District Attorney is a very important position in any county, especially these days when it comes to public safety and tight budgets. Before you cast your vote for the June 8th primary, I encourage all of my neighbors to the north to take a critical look at Mr. Hagen to make sure he still isn't a one-trick environmental pony who has no real experience with the important business of public safety.

***
***

There has been total mis-information about the nature of plea
bargains..and handling cases... Below the following letter is a
large variety of thoughts on plea bargains.. Mr. Gallegos actually
brought one up that alot of people never even thought of.
{ Once a judge accepts a plea bargain...the defendant is prohibited
by the agreement from ever filing an appeal. The time and $ savings
on that alone..for a county are gazillions. note- a def. tech could
appeal on some issue re an irregularity of the plea bargain itself.
When does that happen?}

---------------------------------------------------
Thurs.April29th.2010 UnionSquareSF 10amSFTime

Hello Natalynne.. greetings from downtown in the sunny City.

In phone calls I make...started getting constant reference to
negativity to Paul..because of so-called "case handling" or "plea
bargains." Below I listed some sources that address those issues
from other jurisdictions. Espec. the link at bottom..the Waco DA
re-election link...some of the same hits...the response of the DA
was very telling.

{deleted a paragraph here that was confidential to orig. sendee.}

From time to time I might send similar emails...not that you have
all the time in the world to study the issue..but because they might
provide quick responses..or ideas. One other issue that some have
raised...the fact that our DA tries cases personally....weird issue.
I don't think it is that unusual in smaller jurisdictions....AND in one,
Mendocino...Susan Massini..DA for approx.ten yrs until 1999 or so
{and graduate of my law school..Empire in Santa Rosa}
was actually publicly..and often criticized for not personally
prosecuting at least one major case..(the Bear Lincoln..shot&
killed deputy case...that her office lost at trial}
So really...you can't win...will be criticized one way or the
other..
{fact is: at that time the candidate who "beat' Massini..was the
person who actually criticized her for not personally prosecuting
the case. Norm Vroman}

that's it from here.. George 415-(redacted)
scroll down>>>>>>>and down>>>>


Sent: Wed, Apr 28, 2010 3:36 pm
Subject: PLEA BARGAINS AND PROSECUTORS FACING REELECTION

Plea bargaining is a significant part of the criminal justice system in the United States; the vast majority of criminal cases in the United States are settled by plea bargain rather than by a jury trial[6][7]. Plea bargains are subject to the approval of the court,

Plea bargains are so common in the Superior Courts of California that the Judicial Council of California has published an optional seven-page form (containing all mandatory advisements required by federal and state law) to help prosecutors and defense attorneys reduce such bargains into written plea agreements.[8]

Plea bargains are generally encouraged by the court system, and have become something of a necessity due to overburdened criminal court calendars and overcrowded jails.

What is your role in a plea bargain?
Oversee it, supervise, and make sure that it's within the bounds of our community, what our community expects that plea bargain to be.

If the court feels that it's not appropriate, the court can stop that and not accept it.

The whole purpose of plea bargaining is for the prosecutor to assess what this case is worth, and then offer just a little bit less than what a jury would probably come back with, in order to move that case and dispose of the case at that time.

We have between 30 and 40 cases in our court on our docket every single day, and we're an average docket. We have 15 new cases this morning. If you spent a month on every case, again, these people would not have their case come up for years down the road. That's unfair to them; it's unfair to a lot of people who want their justice done right now.

The system right now is plea bargain, with a few cases being tried. Those few cases being tried set the standard for everybody in determining what to do with the 95 percent, 96 percent of the plea bargain cases. That's exactly right. I wish it were just the opposite, but it will never be.

Even when the charges are more serious, prosecutors often can still bluff defense attorneys and their clients into pleading guilty to a lesser offense. As a result, people who might have been acquitted because of lack of evidence, but also who are in fact truly innocent, will often plead guilty to the charge. Why? In a word, fear. And the more numerous and serious the charges, studies have shown, the greater the fear. That explains why prosecutors sometimes seem to file every charge imaginable against defendants.


- The first charge shouldn't be to win every case. It should be to see that justice is done. They should be ethical,

But you want a prosecutor mainly to see that justice is done. Their sole charge is not to win those cases for the state.

That explains why prosecutors sometimes seem to file every charge imaginable against defendants."

Plea Bargaining: An Indispensable Tool in The Criminal Justice system

One of the major advantages of plea bargaining is that it helps prosecutors and the Courts in the effective administration of justice

If the defendant accepts a plea bargain but does not complete their tasks, the prosecution is allowed to revoke the plea bargain and reinstate the original charges.

Other criticisms are due to images of plea bargaining portrayed in the media. Many associate it with intense threats or coercion aimed at the defendant in order to make them plead guilty. Or, some feel that it allows people who should be punished to get off with less prison time. In most cases, depictions of plea bargaining in movies or on television are over-dramatized. Many depictions of plea bargaining are not accurate and would violate a defendant's rights if they were to happen in an actual criminal proceeding.

Statistics vary across jurisdictions, but it would not be uncommon for half of all arrests to result either in no charges or in charges that are later dismissed,

the prosecution can avoid the expense and delay of a trial by offering modest concessions to the defendant. When the evidence is less clearcut the government can avoid the risk of an acquittal by agreeing to a plea to a reduced charge.

Criminal defendants already facing "Draconian" prison terms under federal sentencing guidelines are now routinely ending up with sentences five to 10 years longer, Walker said.
"It's all part of the government's wanting to get the highest sentence," Walker said. "It's very short-sighted."

Some prosecutors would rather risk losing a case after a hard-fought trial....rather than risk the public regarding them as soft on crime.
-----------------------------------------------------------
Harvard Law Review Plea Bargaining
http://www.pbs.org/wgbh/pages/frontline/shows/plea/etc/bargain.pdf

"Bargaining calibrates sentences to proof of guilt so that the people who are clearly the most guilty of the worst crimes
will get the longest sentences."

Plea bargains arise from the influence exerted by the evidence...and the expected punishment after trial.

The vast majority of criminal cases are small ones where the defendant faces only modest amounts of jail time.

Prosecutors offices that are busy offer greater discounts than offices that are not.

Underfunded prosecutors' offices face more pressure to plea bargain than do those with adequate staffing,
funding, and support personnel.
-----------------------------------------------------------------------------

Plea bargaining with budgetary constraints

• There are 2,344 separate local prosecutor’s offices.
• About 85 percent of those local prosecutors are elected for four-year terms.
• About 40 percent of chief prosecutors have served 12 years or more.
• When incumbent chief prosecutors seek re-election, they win 95 percent of the time. In comparison, incumbent state legislators win more than 90 percent of the time when they seek re-election.
• Prosecutor elections draw fewer challengers than races for other offices. In general-election campaigns, prosecutors run unopposed 85 percent of the time. In comparison, state legislators run unopposed only 35 percent of the time.
• When incumbent prosecutors have a challenger, they win 69 percent of the time.

---------------------------------------------------
{This was part of a series...the news articles addressed issues that are raised during
DA re-elections...especially when DA faces a challeger. Some of the same issues
that are coming up in Humboldt.}

Prosecutors facing criticism at election time:
http://www.wacotrib.com/news/Data-offer-clues-on-McLennan-County-district-attorneys-performance.html

Overall, the data show that the percentage of cases pursued by McLennan County prosecutors is within average range.
Local prosecutors either refused or dismissed 50.3 percent of felony charges during 2006-08. For misdemeanor cases, there was a 39.7 dismissal/refusal rate, and for all cases combined, it was 43 percent.
By comparison, during the same three years:
* Prosecutors in Jefferson County, home to Beaumont and Port Arthur, refused or dismissed 45.7 percent of felonies, 40.4 percent of misdemeanors and 42.2 percent of all cases combined.
* Prosecutors in Wichita County, where Wichita Falls is the county seat, refused or dismissed 46.3 percent of cases with felonies and misdemeanors combined. Data were not available broken down by felony versus misdemeanor.
Nationwide, a handful of studies on particular jurisdictions have shown that nonfederal prosecutors discard roughly 25 percent to 50 percent of cases without filing formal charges. The total number of cases not pursued in those jurisdictions would be even higher once dismissals were added in.

With 23 attorneys in the office besides himself, Segrest said, that case load means that each prosecutor is juggling between 300 and 500 cases at any given time. He noted that the county spends more on fees for court-appointed defense attorneys and experts than it does on his office.

Prosecutors, on the other hand, don’t get a case until after the action has died down, Burke noted. That gives them latitude to step back and consider the complex set of factors that govern whether prosecution is just. They also have to look at whether they can prove a case beyond a reasonable doubt at trial, a tougher standard than police’s probable cause, he said.

One of the toughest parts of a prosecutor’s job, Segrest said, is having to tell a police officer who is invested in a case that it won’t proceed.
“I’ve had to tell a lot of people I really like ‘no,’ ” he said. “. . . You don’t get any thanks, don’t get any appreciation if you don’t win or you don’t prosecute. Then you’re the biggest idiot in the world.”
Segrest added, however, that he is willing to listen to officers who disagree with case decisions. For years, he has encouraged those who have a beef to call him or the prosecutor who handled the case, he said.
“Quite honestly, nobody takes me up on it,” Segrest said. “It’s easier to say it’s the old, lazy prosecutor who won’t do his job.”

The officers who tend to get the most upset are the patrol officers, the chief said. Unlike detectives, they are not usually privy to what happens with a case after the initial call. So where a detective might be aware of a problem that necessitates a case being tossed, it comes as a surprise to the patrol officer.
“They’re just kind of more out of the loop,” Stroman said.
--------------------------------------------------------

----Original Message-----
From: gshieman@(redacted)
To: shawsle@(redacted); rvanfleet@(redacted); cvanfleet@(redacted); Richard.W.Salzman@(redacted); wbragg@(redacted)
Cc: pgallegos@co.humboldt.ca.us; vialegirl8383@(redacted)
Sent: Thu, Mar 18, 2010 12:30 pm
Subject: fr: George Shieman Thurs.March.18th note re: election in Humboldt..the only vip election.

http://www.times-standard.com/ci_14524984?IADID=Search-www.times-standard.com-www.times-standard.com
Paul Gallegos for third term
my comment in comments section..
{this campaign might be the hardest...even though it might not seem like it.. I've witnessed an
incumbent or two...lose..lose..because his or her supporters got too comfortable.. The time is now.
and the race is as important as the first one... like a car race.. just because you won the last two,
don't mean you get a free ride to this one... there is work to do.. everyday.. take time}

Well, what would old Abe Lincoln do..if he were the DA in Humboldt.?? What would Clarence Darrow do if he were to be the DA in Humboldt.??
What would Albert Einstein do if he were to be the DA in Humboldt..????
Take a guess! I'd imagine that anyone of those simiple people...would likely do something that would mirror what Paul Gallegos does..and will do.
For one thing..the term.."prosecutor" is a real misnomer.. The real job of the district attorney is to "do justice" Sometimes that means...
slow down..lay off. If Humboldt would have wanted a rabid dog prosecutor..they would have voted the dog in last election.
Think! who is likely to be arrested in your town...your brother...your sister..your best friend, your friends from high school, people you work with..people you employ, people you have had sex with.., your teachers, your mentors, your Fathers... yup...even you.
If you loosely use the 'criminal' word..we all fit it.. in some sense.. Who are they? in our society..??? the leaders, the wall streeters, the lawyers, the businessmen...the union people..the politicians...the cops.. yee!
there you go... prosecute you life away..
and just wait your turn...
Some of you seem to like the word "community"
Look closely at your "community" if it sucks..
and in my mind..Eureka does... who is to blame?
Can you blame one person...?? Would you want to? I am to blame..my friends are to blame..you are to blame.. You made this town what it is, Dudes..and Dudettes... now, you live with it.
Like my Father always said.."Look in the mirror"
The reason..and the only reason that Eureka is like it is..and Humboldt too...it "YOU."
I read these comments..and the only thing that I can think...is "this place must be filled with fear and paranoia."
And, in my heart of hearts.l know that it is
a false..phony fear..and an unrealistic paranoia..
Aint they all?
So, who is the phony here?
I for one..don't believe it is Paul Gallegos.
George Shieman gshieman@(redacted) 415-(redacted)
quote of the day... George Carlin...
take your pick of some of his quotes.. click the link:
http://blogzarro.com/2007/05/100-greatest-geo...
http://truth11.com/2010/01/05/101-george-carl...

Forums:

League of Women Voters Candidate Forum for District Attorney Candidates
TONIGHT on KEET
7:00-8:30pm
Audience Call-in Number 445-0811
◼ DA debate tonight - heraldo
◼ DA debate tonight - Not Found - Sorry, but you are looking for something that isn't here.
◼ Asleep at the Wheel (LIVE!) - The Mirror

Redwood Times:
◼ Allison Jackson
◼ Paul Hagen
◼ Paul Gallegos

DA Candidates have already participated in several forums:
HCDCC
Redwood ACLU
Animal Rights Community
League of Women Voters/Willow Creek Kiwanis
League of Women Voters/Civil Liberties Monitoring Project

◼ Summary of Tuesday night’s (LWV/CLMP) debate - Eric Kirk