Gallegos telegraphed his intentions

Paul Gallegos had nine months between when he was elected District Attorney and when he actually took office. Plenty of time for his handlers to whisper in his ear - convincing him that he could only trust them, reinforcing the notion that no one there would like him, that he would have to fire a few to send a message, show them who was boss - and plenty of time to set him up to fulfill their agenda.

No one saw it coming, but Gallegos began to telegraph his intentions well before he took office. This was the precursor to his bringing Ken Miller in to draft the PL lawsuit. But they pretend that this never happened.

This article tells part of the story:

District Attorney-elect reaches out to enviros
By Daniel Mintz
McKinleyville Press
Nov. 13, 2002

Taking an unusual, proactive step toward inclusion, District Attorney-Elect Paul Gallegos has pleasantly surprised environmentalists by sending them letters that ask for their input and portray "maintenance of a quality environment" as a priority enforcement matter.

Gallegos takes office in January, and following a campaign last spring that focused on a more progressive approach to county law enforcement policies, he's been heralded by activists as the usher of a new direction.

Increasing the medical marijuana plant limits and downplaying the intensity of marijuana enforcement overall was part of Gallegos' campaign platform, and he's since reaffirmed his desire for those changes. But an Oct. 30 letter sent to a variety of Humboldt-based activists and environmental groups makes a pledge to environmental oversight that's assertive and probably unprecedented.

Taking steps
The letter begins by quoting a section of the California Constitution that defines the role of local officials as giving "priority to the provision of adequate public safety resources." Gallegos then quotes the state Environmental Quality Act, which calls environmental preservation "a matter of statewide concern" for health and safety of residents and further states that regulation of corporations and other entities be done "so that major consideration is given to preventing environmental damage. "I interpret this as a finding by the California Legislature that the maintenance of a quality environment for the people of this state now and in the future is a matter of public safety," Gallegos wrote. Reflecting the content of the legislation, Gallegos added that "the district attorney... has the obligation to work toward the maintenance of a quality environment... take steps to make actions necessary to prevent critical environmental capacity thresholds from being reached, take steps to contribute to preservation and enhancement of the environment and enforce regulations intended to prevent environmental damage while providing a decent home and satisfying living environment."

Gallegos wants environmental groups to participate in the enforcement process by "advising me of matters relevant to these concerns and educating me about the consequences of inaction." He informed the various groups that he's available for "individual and/or group discussions at any time."

Welcome correspondence
Local environmentalists and the groups they belong to will take Gallegos up on the offer, and view it as a stream of fresh air.

"It's absolutely excellent," said Tim McKay, executive director of the Northcoast Environmental Center, of the letter, "I've never gotten one like it, and one of the key issues that's concerned environmentalists is that we have laws on the books that are primarily unenforced."

McKay said he and his co-workers at NEC shared a "very positive" reaction to the letter. "We just said, 'Wow, this is long overdue,' " McKay related, "And I'm sure this will put Humboldt County in headlines nationally, because it's coming at a time when the environment has been degraded by the powers that be - the Bush administration."

McKay delivered mixed reviews of the County D.A. Office's performance on environmental enforcement. He pointed out that the county has a "very capable" environmental prosecutor, Paul Hagen, whose services are paid for through the California District Attorney's Association.

"I hope Gallegos retains him," McKay continued. "And the letter seems to indicate (Hagen) would be unrestrained in seeking prosecutions for violations of state law."

But some environmental damage has slipped under the enforcement radar here, McKay continued. He cited a developer's effort last year to engineer a cranberry bog at the lower reaches of Little River, a waterway at the northern end of Clam Beach.

"I hope that kind of egregious violation will not go unenforced again," said McKay, adding that "a number" of environmental law violations have escaped timely enforcement "primarily because of (outgoing D.A.) Terry farmer failing to give the green light."

Jan Lundberg heads the Sustainable Energy Institute and said Gallegos' correspondence is "very welcome" and nods to a new direction for environmental awareness.

"(Gallegos) is representing everyone with that letter because we are all citizens of this environment," Lundberg continued, "And we will be expanding the scope of environmental consciousness with his help and evolving the consciousness of the community."

Other groups that got Gallegos' letter include Northcoast earth First!, the Environmental Protection Information center (EPIC), Californians for Alternatives to Toxics and the Humboldt Watershed Council.

In Black and White
In an interview, Gallegos said he sent the letter to make it clear that crimes against the environment will be assertively enforced under his helmsmanship of the D.A.' s Office.

"I want to let people know that as D.A. for the next four years, I see environmental violations as a public safety issue," Gallegos continued. "Public safety is a dear concept to me and I need their assistance and will respond to what they tell me. I put that in black and white, so four years from now, if they say I'm not doing it, they have it in black and white."

He expects to make "significant policy decisions" on environmental enforcement and felt that local activists need to know that their participation in important, as they haven't been included to the degree Gallegos is seeking.

"They've been working hard and they don't know that the D.A.'s Office needs their help." he said. "The letter's overdue - I'm committed to learning, to reaching out to these groups that are actively involved, so I can do what's right."

Gallegos was asked what kind of policy changes he'd like to see on environmental prosecution. "At a minimum, the change I's like to bring is to have those who received my letter to realize they are part of the equation, and that I understand the role they play is important tot he community...we promise to be busy, and people should know that we're serious."

Gallegos has been engaged in many meetings, including those with law enforcement agencies. He's also met several times with Robert Manne, the president of Pacific Lumber Company, which has been portrayed by activists as a trouncer of environmental regulations.

But the meetings with Manne were geared to easing the safety problems stemming from forest protests, not the environmental effects of logging. And Gallegos said lots of people view him as a radical presence and are worried about what he might do.

"One of (PL's) - and everyone's - big concerns is that Paul's going to come in and be a super-liberal and not represent them," he said. "But my job is to do what's right, I'm not taking one side over the other. But I sent the letter to the environmental groups because they are the ones who wouldn't know that the D.A. might like to hear from the."

Forest protestors can expect a continuation on enforcement of trespassing laws, but Gallegos said his priority is "keeping people from getting killed or beaten up in the forest - when kids go up in the forest to protest logging, they are putting themselves in harm's way, but that doesn't mean we turn away if they're injured and say, 'Well, they asked for it.' "

What happened to Paul Gallegos in the 9 months between when he won the election and when he took office?

Saving the ancient redwoods is an honorable cause, tree-sitters engender a certain degree of grudging respect for their youthful idealism. At least in the beginning. Now, just as the hippies became the establishment they had so despised, so these guys have now become everything they once railed against. There is now corruption and deception, and powerful forces at play. And the idealistic youth became the cannon fodder.

The best way to save the redwoods is to buy the property, and control its fate. That was the beauty of the Headwaters Agreement. Though there were many compromises, there was final agreement.

Lawsuits against the timber companies are a staple story here, it seemed there was another one every other week, and no one paid much attention (including me). Everyone knew what it is about, trying to find the chink in the armor, trying to find the one little thing that can bring logging to a screeching halt.

Apparently Tim Stoen's case was a major achievement for the environmental movement because it is the first time the suit comes from within the court system, filed by the DA's office.

Gallegos' PR machine claimed the gallant young surfer had "discovered" evidence of fraud within his first couple of months in office - and filed the lawsuit because 'no one is above the law.'

Truth was, that lawsuit had been sitting in a box for years, apparently because it had been determined that there wasn't enough there - and because the very agencies needed to pursue the case were honor bound to defend PL under the terms of the Headwaters agreement. The statute of limitations was about to run out.

As the State agencies tried to explain to Stoen why his case had no merit and why they would not be helping him, they found they became the enemy. (See North Coast Journal article, the Lawsuit that never was)

During the Recall campaign, which eventually took place, e-mails were leaked from the D.A.'s office that revealed that Ken Miller, a long-standing PL critic had been in the office drafting or helping draft the suit.

************

ODD BEHAVIOR:

The circumstances surrounding the filing of the case are interesting... Stoen launched a curious "public relations" campaign, trying to sell the merits of his case, in essence try his case in public, taking his dog-and-pony show to the Bar Association, the Rotary Clubs, the City Councils, and various small community groups... This all occurred following the announcement of his intent to file the case, but the case had actually not been filed, and it had yet even had a chance to pass demurrer.

Why was he doing this? Why was Salzman so intent on protecting this case?

When he chose to ask the Board Of Supervisors for funds to cover the costs of hiring Cotchett's Bay Area Firm to help prosecute the case, he was turned down. The media jumped to the conclusion that the Board was pressured (by Palco) to deny him. Since everyone hates Palco, the story was believable. The easy rhetoric wins the day.

But it was not true.

In fact, the pressure being exerted on the Board appeared to be coming from Stoen.

What happened to Paul Gallegos in the 9 months between when he won the election and when he took office?

Who convinced him to take up this lawsuit as his first order of business?

And why was this case such a big deal?