Gallegos - and trusting the "Brady list"

If Greenson can't read between the lines on this one, there's no hope.

◼ Kalis arrest shines spotlight on DA's Brady policy; DA's office has written policy for dealing with officers with character issues

While most local officials -- like Chapman -- said they fully support the concept of the Brady ruling and Gallegos' policy, some also confessed to having a bit of anxiety about a policy that leaves a tremendous amount of power and discretion in the district attorney's hands.

And this is WHY it matters who is in the DA's office.

Gallegos declined to disclose the names on his office's Brady list -- which is not public, with access limited even within the DA's office.

In Arcata, Chapman said he agrees with the DA's policy “100 percent,” noting that an officer's integrity and credibility should be “uncompromisable.” Chapman said the key to the policy, however, is that it be implemented fairly and appropriately when determining what is “material” evidence.

Similarly, Humboldt County Sheriff Mike Downey said he supports the policy but hopes it will be used judiciously.

”I heard the statement that (Gallegos) would rather err on the side of caution as to whether an officer is a Brady officer or not,” Downey said. “I do have some concerns about that. I want to make sure erring on the side of caution doesn't ruin someone's career by naming them a Brady officer when there's no cause to do so.”

Downey said he appreciates the protections Gallegos has put in place, but also has concerns that, in a small community like Humboldt, even raising a question of Brady issues surrounding an officer might be enough to harm an officer's career. However, Downey said, he's thoroughly reviewed the policy along with an attorney for the state sheriff's agency and supports it.

”We're in agreement that it's a good policy, as long as it's being adhered to,” he said.

In Eureka, Chief Garr Nielsen said he doesn't want the DA's office going on “fishing expeditions” looking for Brady issues with officers, but he said he doesn't have any issues with Gallegos' written policy.

Like Gallegos has such a sterling record in this regard. Not.
****
Not directly related, but interesting:
◼ What changes have been implemented under four-plus years of new leadership at the Eureka Police Department

Updated links

The links to Cheri Moore articles have been updated in posts below to all the new urls for Eureka Reporter stories. If you find one that isn't working please email me,

Gallegos to handle police prosecution

Gallegos to handle police prosecution

If former Eureka Police Chief David Douglas and Lt. Tony Zanotti stand trial, District Attorney Paul Gallegos will be the one prosecuting them.

”It's going to be a very, very tough case,” Gallegos said Wednesday in his first public comments on the case since convening the criminal grand jury last month. “It's very divisive, and it would be unfair in my eyes to put it off on someone else. I figure those sort-of-miserable cases should flow to me. That's the way it should be.”

Gallegos' office officially announced Monday that the grand jury had returned indictments of involuntary manslaughter against Douglas and Zanotti stemming from their decision-making roles in the 2006 shooting death of Cheri Lyn Moore.

Moore, who had a history of mental illness, was shot April 14, 2006, by Eureka police officers in her apartment at Fifth and G streets after a two-hour standoff in which she brandished a flare gun, threw items from her second-story apartment and threatened to burn the building down.

Police have said they believed Moore had put down the flare gun when the decision was made to storm her apartment. When officers came face to face with Moore, who had the flare gun pointed at them, they shot her multiple times. Neither of the shooters were indicted.

On the heels of comments from the defense team and from Eureka Police Chief Garr Nielsen inquiring about how Gallegos led the grand jury proceedings, Gallegos said he is confident all parties involved were treated fairly.

”The intention was to be fair to all parties, to present evidence in a fair and impartial way for review by a grand jury,” Gallegos said. “That certainly was my endeavor. Certainly it will be open to intense scrutiny. Whether I did or not, certainly the defense will say I did not, and it will be up for the court to decide.”

After working through his first criminal grand jury experience as a prosecutor, Gallegos said if one thing's clear, it's that there will be nothing easy about this case.

”I am confident that it is going to be a tough case for the jurors, for us and for the community,” he said.

The law enforcement community is taking notice as well.

Ron Cottingham, president of the Police Officers Research Association of California, said this is the first time in his three decades in law enforcement that he has heard of commanders being indicted for giving orders or direction. The indictments, he said, set a scary precedent for officers, who are often Monday-morning-quarterbacked for their decisions.

”If anything adverse happens from this, everyone will probably have to reevaluate their tactical processes,” Cottingham said. “It's another situation where the decisions officers have to make on the street at the time of conflict -- when there's just a myriad of things going on -- are fuel for everyone who is going to sit back and second guess everything that was done.”

For his part, Gallegos said he doesn't foresee a problem with his office's ability to work with EPD in the future.

”We work with everyone, and that's the way it is,” Gallegos said. “Absolutely our job is to be independent. It's also to monitor law enforcement activities. ... It's a mystery to me that people think there's this relationship that we don't ever look at what (officers) do, and say, 'You've done something wrong.' That's not our legal system -- that's antithetical to our legal system. That would put individuals and an organization above the law.”

Gallegos emphasized he is not anti-law enforcement and said he believes the commanders will receive a fair trial in Humboldt County.

”(The community) isn't anti-law enforcement,” Gallegos said. “There are certainly some people that are, but that's not the community. People understand the need for it, they respect law enforcement, they defer to law enforcement, but they have certain expectations. ... I think the defendants will get a fair shake in this community.”

The district attorney also took a moment to caution that, in this case and all others, defendants are innocent until proven guilty.

”The burden of proof is on us,” he said, adding he understands that the grand jury indictments have added fuel to some of his critics' fire.

”If my doing my job and fulfilling my legal responsibility to this community makes you unhappy, then you are going to be unhappy with me.”
***

Day 608

Arraignment in Moore death postponed to February
The Times-Standard

EUREKA -- The arraignment of former Police Chief David Douglas and Lt. Tony Zanotti on involuntary manslaughter charges was postponed today, one week after a source told the Times-Standard that a criminal grand jury convened in the death of Cheri Lyn Moore was handing up indictments against them.

Defense attorneys representing Zanotti and Douglas requested a continuance of the arraignment, and there were no objections from the prosecution nor the defendants. Judge John Feeney set a Feb. 21 court date. He said the indictments and transcripts from the grand jury proceedings would remain sealed until that time.

The second floor hallway of the Humboldt County Courthouse was awash in black as a crowd of uniformed officers, city officials and other Eureka Police Department personnel attended the proceedings in support of Douglas and Zanotti.

Both defendants attended the brief court hearing, after being escorted into the court room through a back entrance by a bailiff. They left quickly once the hearing was over.

Moore, who had a history of mental illness, was shot and killed April 14, 2006, by Eureka police officers in her second story apartment at Fifth and G streets. During the preceding two hour standoff, Moore brandished a flare gun, threw things from her second-story window and threatened to burn down the building.

Police have said they believed Moore had put down the flare gun when the decision was made to storm her apartment. Upon entering, officers said they came face to face with Moore, who was pointing the flare gun at them. Officers shot Moore several times.

Hank had the Press Release:
FOR IMMEDIATE RELEASE
December 10, 2007

Retired Chief of Police David Douglas and Eureka Police Lieutenant Anthony Zanotti appeared for arraignment today in Department 8 of Humboldt Superior Court on a felony indictment charging them with involuntary manslaughter in connection with the shooting death of Cheri Lyn Moore. Judge John T. Feeney ordered the matter continued for further arraignment until February 21, 2008. Both remain free on their own recognizance. If convicted, each man faces up to four years in state prison.

In April 2006 Cheri Lyn Moore was shot and killed in her second-story apartment at Fifth and G Streets after a standoff with Eureka police officers. Douglas and Zanotti were the police commanders in charge at the scene of that incident. Testimony regarding the shooting was taken before the grand jury from several witnesses, including police officers, over several days. The Grand Jury returned an indictment naming both men. That indictment remained sealed until today.

Immediate aftermath:
ER Music, shots, then silence 4/15/2006
ER Investigation launched into police involved shooting 4/15/2006
ER Police respond to fatal shooting of Eureka woman 4/16/2006
TS Eureka shooting tragedy runs deep 04/16/2006
ER In aftermath of shooting, many questions remain 4/17/2006
TS Questions swirl around standoff shooting 04/18/2006
TS Haunted by the past 04/19/2006
ER Group gathers to remember Cheri Moore 4/19/2006
TS Police remain tight-lipped on shooting 04/20/2006
TS Lethal Weapon - Was it “just a flare gun”? 04/21/2006
ER Dispatch logs of fatal shooting made public 4/21/2006
ER Reserve judgment on shooting; question about timing lingers 4/23/2006
TS 'Force options' 04/24/2006
TS Shooting damage 'profound' 04/25/2006
TS City won't hand over 911 tapes 04/26/2006
TS 'Parallel' options 04/28/2006
ER Preliminary results indicate officers followed protocol4/28/2006
TS Shooting: ”Legal and lawful” 04/28/2006
ER Meeting about police review coalition turns to discussions of April 14 shooting 4/28/2006
ER Cheri Moore's son speaks out 4/28/2006
ER Idea of Police Review Coalition discussed with City Council subcommittee 4/29/2006
ER Moore shooting headed for Grand Jury? 5/25/2006
ER Civil rights suit filed in standoff death 6/14/2007

The Inquest:
ER Police chief said he stands by his officers' actions in shooting 7/21/2006
ER Coroner's inquest into police-involved shooting rescheduled 7/24/2006
ER MOORE INQUEST MAY BE TELEVISED 8/30/2006
ER Inquest should include still photos 8/30/2006
ER Coroner's inquest into death of Cheri Moore will start today 9/12/2006
ERWITNESSES TESTIFY AT INQUEST 9/12/2006
TS Inquest testimony begins today - 11 jurors sworn in for rare court proceeding 09/12/2006
TS Neighbors, friends and SWAT commander testify during inquest's second half 09/12/2006
TS The last inquest - Moore shooting circumstances far more complicated 09/12/2006
TS Witnesses begin testifying in Moore case 09/12/2006
TS Witnesses from the First Day of the Moore Inquest 09/12/2006
TS 'I was scared' - Officers who fired fatal shots testify 09/13/2006
TS Incident commander testifies at coroner's inquest 09/13/2006
TS Witnesses from the Third Day of the Moore Inquest 09/14/2006
ER NINE MORE TAKE THE STAND 9/14/2006
TS Officer, chief take stand in Moore inquest 09/14/2006
ER Final nine testify at coroner's inquest 9/15/2006
TS Jury makes three recommendations after inquest 09/15/2006

And then the tortuous delay fraught with threats - Rumors, Leaks, and the path leading to a Grand Jury Indictment:
ER A grim anniversary passes without resolution 4/13/2007
ER Closure necessary in Cheri Moore shooting 4/13/2007
ER Civil rights suit filed in standoff death 6/14/2007
TS Gallegos: Retrial will 'likely' delay Moore decision 07/13/2007
TS Countdown to a decision 07/23/2007
ER Moore case headed to grand jury? 9/11/2007
ER DA considers grand jury investigation of Cheri Moore's death 10/12/2007

The indictments:
TS Police Chief hopes grand jury proceedings are made public 11/08/2007
TS Grand Jury will indict two police commanders, says source (with archived video) 12/05/2007
TS Untested waters: Case against police commanders likely to hinge on 'criminal negligence,' expert says 12/06/2007
TS What is a criminal grand jury?12/06/2007
TS Who owns the 'facts'? 12/11/2007
TS EPD, other law enforcement turn out to support Zanotti, Douglas 12/11/2007
TS Arraignment in Moore case postponed (with video) Dozens show up to support former chief, lieutenant 12/11/2007
TS Moore Case Facts 12/11/2007
TS Gallegos to handle police prosecution 12/13/2007
link
TS Dikeman vs. Gallegos, Round 3? 12/16/2007
TS City could face hefty bill for Douglas' defense 12/18/2007
ER City to assist with costs of former police chief's defense 12/18/2007
TS Ex-chief garners $75K for his defense 12/21/2007
TS State police chiefs association president responds to indictments 12/24/07

Letters:
ER Ltr Everyone needs to be treated with compassion, respect 4/19/2006
ER Ltr Don't rush to judgment in police shooting 4/19/2006
ER Ltr Humboldt County's dedicated officers deserve better 4/20/2006
ER Ltr Joseph Humble should not have passed judgment 4/20/2006
ER Ltr Writer ashamed of police action in Friday shooting 4/21/2006
ER Ltr Patience, kindness would have worked in police shooting 4/21/2006
ER Ltr Was there quick justice in shooting of Eureka resident? 4/26/2006
ER Ltr Accounting of Cheri Moore killing necessary 5/13/2006
ER Ltr Why we're blessed to have Paul Gallegos
ER Ltr Where's the outrage over this death? 5/31/2006

TS Anti-establishment publicity stunt 12/18/2007
TS http://www.times-standard.com//ci_7786161 12/22/2007
ER Ltr Police officers put their lives on the line for public's safety 12/20/2007
TS Blue lights can show support 12/21/2007
ER Ltr What does the DA expect to gain from police indictments? 12/27/2007
ER Ltr “Dear Chief Garr Nielsen and the EPD,

Note: The Times Standard's Letters to the Editor were not available online until recently. Those letters as well as other coverage in The Arcata Eye and
The McKinleyville Press, and The Independent could be accessed through traditional channels in the Library.

The Eureka Reporter's new website meant a major transfer of all articles to new urls. I'm trying to update all links. If you find one that isn't working please email watchpaul.blogspot@gmail.com.

Cause of death released in Cotton case

The Humboldt County Coroner's Office said Thursday that the official cause of death in the Martin Cotton II case is a subdural hematoma due to blunt force trauma.

Coroner Frank Jager said there were two contributing factors in the death, LSD intoxication and Excited Delirium Syndrome.

Cotton died hours after being booked into the Humboldt County Jail on suspicion of randomly fighting people at the Rescue Mission in Old Town Aug. 9.

Several police responded and fought with Cotton while trying to detain and arrest him.

Jager said the manner of death could not be determined but offered four scenarios: Cotton received the injury from fighting with people at the Rescue Mission, he received it during the struggle with police, or it was self-inflicted blunt force trauma after he was booked into the jail. The fourth and least likely, according to Jager, is that he already had the injury before arriving in Old Town.

The Critical Incident Response Team investigating the death is continuing its investigation and may not be able to submit its report to the District Attorney's Office for more than a week because one of the investigators is out of town. The Times-Standard

It's going to take them a WHOLE WEEK? Why not hold out for 520 days.

More: ER Cotton died from head injury

The right thing to do

Last week in The Journal "...relatives of Cheri Lyn Moore had finally made good on their threat to sue the city and members of its police department..."
...District Attorney Paul Gallegos has still not made a decision on whether or not to prosecute members of the police department on criminal charges. "It's a mystery to me," (EPD Chief Garr) Nielsen said. "When we've made inquiries, we've not gotten a reasonable answer. After this much time, I find it very difficult to understand why that is."

In The Times Standard Moore wrongful death suit filed
”It's frustrating to me that we haven't had a decision by the district attorney yet,” Nielsen said. “It's been well over a year. It's like an open wound to us.”
...A woman answering phones at the District Attorney's Office said Gallegos was “out of the area” Thursday. He did not return phone calls seeking comment nor did other representatives of his office....

Gallegos should put an end to this. He has no business having anything to do with this case, given his handler's hideous politicization of the incident.

Not to mention the fact that he is apt to retaliate against EPD because EVERY SINGLE law enforcement association in the County endorsed Worth Dikeman.

He absolutely has to hand it over to the State Attorney General's Office. "At the end of the day" Paul, you know it is the right thing to do.

DAY 429

When will he make a decision?

"WHY IS IT that the District Attorney (Paul Gallegos) has yet to announce his decision on the Moore shooting? It's been 14 months! The EPD officers involved have a right to know as the DA hinted at prosecution. Is the DA intentionally attempting to impose some kind of emotional distress? To punish the officers, or EPD in general? The public has a right to know. Why is the DA sitting on this issue? Does he think it will go away?" (from anon 6:24, and many others),

Coincidentally, this article shows up on the Times Standard's Most Viewed list: Silence deafening as shooting anniversary nears

DAY 422

A Moment of Silence (w/updates)

Monday - In these politically charged times, a moment of silent reflection. And prayer, for the child 16 year old who lost his life, for his family and friends who must endure a tragedy, and for the officer or officers whose lives are forever changed as well.
TS - Teen dies from gunshot wounds
Tuesday - Update:
"His mother did say he was in trouble about six years ago for bringing a knife to school and was not currently attending any schools.... Marjorie Burgess said her son has lived in three different foster homes, has been in Juvenile Hall multiple times, and has lived in group homes over the last few years... Angelique Omstead, Christopher Burgess' girlfriend, said three Humboldt County Probation officers entered the home. ”They said, 'What's up, Chris?' and Maced us,” Omstead said"
TS - Police bullets kill Eureka teen
TS - Son was unarmed, says grieving mom
ER - Eureka teen shot multiple times, dies
ER - Friends, family remember slain teen following shooting
Discussion on Fred's
Wednesday - Update:
TS - A knife, a chase - and 3 shots in the chest
TS - Mayor vows openness in teen shooting
ER - EPD Chief holds news conference on fatal shooting
ER - La Vallee Discusses Shooting
Thursday - Update:
TS - Sadness, anger over teen's death
”The system failed my son; the system failed her son,” said Joaquin Fitzgerald, whose son, Joaquin Fitzgerald Jr., 16, is being held on homicide charges for the killing of Tracy Daniel Reynolds in February."
ER - Hundreds protest against police
"Margorie said she has an attorney coming up from out of the county to file a suit with regard to her son’s shooting death."
Saturday - Update:
TS - Tensions run high over teen's death
ER - Burgess shooting protest continues
ER - Police seek possible witnesses
And then:
TS - Teen shot by officer was on meth
Teen's blood positive for drug
ER - letters - The 'system' needs some answers before execution
And, Ken Miller strikes again...
In his chosen occupation, he should've anticipated meth in the toxicology reports, but instead he tries to lay the groundwork for another ambulance chasing lawsuit against his foes, the cops... (will post link as soon as it is up)
Then, Wednesday, November 8:
NCJ - The Broken Boy - Chris Burgess' short, complicated life

Christopher Burgess - Letters to the Editor w/ OBIT

Should Paul Gallegos recuse himself?

Should Paul Gallegos recuse himself in the Cheri Moore case?

Just sad.

After Ken Miller Moore's son files claim against city

Before Ken Miller Cheri Moore's son speaks out

Guess that answers the question...
"If a suit is filed, it will further buttress local doctor Ken Miller's second career -- third career? -- as a midwife of politically charged litigation. Miller was the one who brought the now-dormant Headwaters lawsuit to the office of District Attorney Paul Gallegos. Cunningham said that Miller had been working with Kaupp on the potential Moore lawsuit."

More: Just sad.