Last word: 'Unfit for a Free Society'

◼ A week after Bodhi Tree was sentenced to serve 105 years to life in state prison for murdering two people in Arcata last year and shooting a third in Eureka, a pre-sentencing report made public as a part of his case file sheds new light on the 29-year-old and his path through the criminal justice system. It also underscores the multi-layered tragedy that just played out before our community’s eyes. - Thadeus Greenson/The Journal

The report paints a picture of a man born into difficult circumstances who suffered numerous childhood traumas and was never taught to harness his anger, a problem that compounded with the onset of multiple mental illnesses as he became an adult....

Born July 5, 1985, Tree grew up in Garberville with his parents, but bounced around, living in at least six different communities by the time his mother died of an aneurism when he was 13. But Tree’s troubles began long before that, according to a letter from Kai Ferrara included in the report....

“I believe it is the responsibility of our justice system to protect its citizens from people as dangerous as my childhood friend Bodhi Tree,” Ferrar wrote. “With the delinquency of his parents, I have always felt like an older brother to him, wishing the best for him and wanting to help. However, as all of his past friends have individually learned, there is no safe place near him. When he is on the street, he is a free roaming threat to whoever has the misfortune and responsibility of his presence.

“As a kid, Bodhi needed constant supervision, which his parents were not capable of providing. As an adult, Bodhi needs constant supervision, and only our jail system can provide the kind of safety we citizens need. It is an incredible misfortune that two beautiful innocent lives have been lost, and we must use this experience to prevent further imminent harm. I worry that Bodhi Tree will be out on the streets in 10 years’ time. We citizens need to be safe for longer than that.

“Please, do not allow him freedom, ever.”

◼ Tree sentenced in tear-filled courtroom - Paul Mann/Mad River Union

Convicted murderer Bodhi Tree’s 105-year sentence was pronounced in a packed, tear-filled courtroom, where the 29-year-old Garberville native spoke no word and showed no remorse.

In impassioned statements read aloud minutes before the Oct. 10 sentencing, wrathful and weeping family members of the victims implored Superior Court Justice Dale A. Reinholtsen to mete out the maximum punishment of 117.5 years.

He came close.

Accusing Tree of lacking any moral compass and describing his shooting spree as senseless and inexplicable, Reinholtsen ordered the prisoner to serve consecutive sentences totaling 105 years

◼ "I'm here to talk about the impact on our lives by the senseless slaughter of two innocent people by a man, and I'm hesitant to use the word, man." - John Chiv/Words Worth Oct 10, 2014
◼ "Little did we know that this nightmare would never end" - John Chiv/Words Worth Oct 10, 2014
◼ Jurors, family, community members pack courtroom for Bodhi Tree sentencing - John Chiv/Words Worth Oct 10, 2014

...7 jurors took the time out of their schedules, community members that attended the trial, and the families of all victims have been waiting...

◼ link - John Chiv/Words Worth Oct 10, 2014

...He has to serve consecutive sentences... but the basic gist is he has to serve 75 years and even then with minimum parole times on other terms, it is another 25 so it would be 100 years before he is eligible for parole.

Tree sat with with an attitude, no remorse and after sentence looked at bailiffs and said "Allright, ready."

◼ We plead with the court to never release this animal to society" - John Chiv/Words Worth Oct 10, 2014

"We plead with the court to never release this animal to society" UPDATED

And so it ends. "May God have mercy on your soul."

◼ "I'm here to talk about the impact on our lives by the senseless slaughter of two innocent people by a man, and I'm hesitant to use the word, man." - John Chiv/Words Worth Oct 10, 2014

◼ "Little did we know that this nightmare would never end" - John Chiv/Words Worth Oct 10, 2014

◼ Jurors, family, community members pack courtroom for Bodhi Tree sentencing - John Chiv/Words Worth Oct 10, 2014

...7 jurors took the time out of their schedules, community members that attended the trial, and the families of all victims have been waiting...

◼ link - John Chiv/Words Worth Oct 10, 2014

...He has to serve consecutive sentences... but the basic gist is he has to serve 75 years and even then with minimum parole times on other terms, it is another 25 so it would be 100 years before he is eligible for parole.

Tree sat with with an attitude, no remorse and after sentence looked at bailiffs and said "Allright, ready."

◼ We plead with the court to never release this animal to society" - John Chiv/Words Worth Oct 10, 2014

Some of the jurors were wiping tears as did Sean Butler-Smith's sister Breanne and community members. Even the court staff who were stoic and professional were shaken by the emotional testimony of the families. While Rhett August's mother attended, she chose not to speak.

Victim witness representative Marybeth read a letter from Nancy Jo Marcet, Sunshine's mother, Michael Tostado, Christina's uncle read his own statement, that of his wife, and Christina's aunt and the last one to read was Tina Schwarz, Christina's mother.

Mrs. Marcet started her letter by referring t the loss of her son, "who was taken from us so violently trying to protect Christina." The last words Alan "Sunshine" Marcet etxted to his mother on May 17, was "I love you so very much." And on May 18, she found out he was dead. This loss just on the heels of Sunshine's father being killed.

"He should not be allowed to do this anyone again," Mrs. Marcet's sentiment was reiterated by all speakers, Ms. Firpo and Judge Dale Reinholtsen.

They were very grateful to DDA Elan Firpo and the jurors who they thanked. Mrs. Schwarz even thanked the public defenders and addressed Bodhi Tree. At one point, she asked him to look at her, he didn't. She said, "May God have mercy on your soul."
__________________
Thank you, John Chiv, for covering this case in its entirety.
__________________
◼ Tree gets life in prison - Paul Mann/Mad River Union

A full report will appear in the Oct. 15 edition of the Mad River Union.

Thank you, Paul Mann.
__________________
◼ Bodhi Tree Sentenced to Life in Prison - Andrew Goff/Lost Coast Outpost
__________________
AFTERMATH:
◼ Key witness in Tree trial assualted the second time in jail - John Chiv/Words Worth Oct 11, 2014
◼ Even with the trial over, Sean is not safe; his sister's account - John Chiv/Words Worth Oct 11, 2014
◼ DDA Elan Firpo gives notice, joins well-known local firm - John Chiv/Words Worth Oct 10, 2014

Pheww! Judge denies defense motion for new trial in Tree case

◼ Bodhi Tree was in court dressed in the orange jail garb with his trademark "wtf" and "I don''t give a damn" expression. - John Chiv/Words Worth

Representatives from Probation, Victim Witness and two jurors were present as well as prosecution key witness Sean Butler-Smith's sister.

Prior to the motion, when sentencing has been scheduled, other jurors have attended as well. They are very vested in the outcome.

(John) Will be updating soon with more highlights from both arguments. (at the link)

◼ "Russo and Holmquist were handed a crappy case and they did a crappy job." - John Chiv/Words Worth

◼ Prior coverage at Words Worth
◼ LINKS to Bodhi Tree coverage, including Words Worth

◼ Bodhi Tree sentencing scheduled for this afternoon in Courtroom 4 - JOhnm Chiv/Words Worth Oct 10, 2014

Bodhi Tree UPDATE: Tree motion for new trial missing crucial information not provided to the Court;

◼ I ran into Ms. Stonebarger's husband, Kevin, this morning, who is an investigator and currently at the Courthouse for another case and asked him about something I noticed in the motion. There is an employee response referred to in the evaluation documents attached in the motion but there is no such response. At first, he was a bit hesitant but then he answered my questions.... - John Chiv/Words Worth

Public defender files motion for new trial in Tree case

◼ According to court records, the Public Defender has filed a motion for a new trial to be heard on October 6 - John Chiv/Words Worth

Well. This should be interesting.

What do you think happens if Bodhi Tree is let go?

Bodhi Tree updates: Tree sentencing continued until October 10

◼ What judge's ruling means about Tree special allegation not applying - John Chiv/Words Worth Sept. 5, 2014
The court staff, attorneys and everyone present had September 5. Prior to today, members of the media and jurors were calling to see if the September 5 court date was happening.
◼ Inaccurate court calendar and computers cause confusion; Tree hearing occurs despite incompetence - John Chiv/Words Worth Sept. 5, 2014
◼ Tree sentencing continued until October 10 - John Chiv/Words Worth Sept. 5, 2014

Prosecutor: Murder Conviction Thanks to Bravery of Witnesses

◼ The day after a Humboldt County jury convicted 28-year-old Bodhi Tree of double murder, the prosecutor on the case said the result would not have been possible if not for the courage of several citizens. - Thadeus Greenson/The Journal

“There were some civilian witnesses that put their individual safety on the line to testify, and without their testimony we wouldn’t have gotten this verdict,” said Deputy District Attorney Elan Firpo. “It came down to regular people being very brave.”

The trial, which culminated with the jury convicting Tree Friday of second degree murder for the killings of 18-year-old Christina Schwartz and 27-year-old Allan “Sunshine” Marcet at an Arcata house party on May 18, 2013 and the attempted murder of a Eureka man two days earlier, turned into a trial by attrition. With the trial initially slated to span two months, attorneys walked 900 potential jurors through hardship questionnaires before finding 16 — 12 jurors and four alternates — willing and able to serve. But the trial dragged on, with new evidence coming to light that stretched it to almost three months. Three jurors had been excused by the time the case was submitted to the jury Tuesday afternoon...

Tree, who screamed out, “This is Bullshit,” and pledged to appeal the verdict as it was being read, is due to be sentenced Aug. 22, though Firpo said that date is likely to be pushed back into September to allow Schwartz’s family to be present.

While Firpo said she is pleased and relieved to put the Tree trial behind her, there appears to be little rest in her future as she’s prosecuting Gary Lee Bullock, who stands accused of the Jan. 1 slaying of St. Bernard’s Parish pastor Father Eric Freed. His trial is slated to begin in November.

◼ Bodhi Tree threw temper tantrum in court. This is bullshit. Saying I did something I didn't. - John Chiv/Words Worth
◼ For Rhett, Christina and Sunshine. Thank you Tree jury - John Chiv/Words Worth

◼ BREAKING! Bodhi Tree Guilty 2nd degree murder Arcata and attempted murder in Eureka
◼ Closing arguments: Bodhi Tree Murder Trial, It's with the jury now
◼ Tree trial resumes W/Updates
◼ BREAKING: SOMETHING'S UP IN BODHI TREE CASE - 8/1/14
◼ Bodhi Tree End Game - 7/29/14
◼ Bodhi Tree gamechangers? W/Updates - 7/23/14
◼ Bodhi Tree Murder Trial: DAILY UPDATES, running record.
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From everything I heard during the trial, Élan Firpo was on her own. She did not have the usual DA Investigator at her side, as it should have been. Kudos to her. Thanks to the witnesses, condolences and respect to the parents of the victims.

And kudos to John Chiv, who covered the trial throughout, to Paul Mann from the Mad River Union, Lorna Rodriguez and Will Houston from the Times-Standaard, Lashay from News Channel 3 for their attendance and coverage. It matters.

BREAKING! Bodhi Tree Guilty 2nd degree murder Arcata and attempted murder in Eureka

◼ BREAKING NEWS: Bodhi Tree threw temper tantrum in court. This is bullshit. Saying I did something i didnt. - John Chiv/Words Worth (5:15) (linked here at 5:24)
__________________
Elan Firpo: Guilty: 2 counts of 2nd degree murder + special allegations. Guilty: 1 count of attempted murder.
To the witnesses and officers and criminalists: thank you thank you thank you.

◼ Bodhi Tree to be sentenced on Aug. 22. - Times Standard - (5:41)

◼ A JURY HAS FOUND BODHI TREE GUILTY. - News Channel 3 (6:00)

◼ Bodhi Tree guilty of murder, attempted murder, firearm use - Mad River Union (6:15)

Tree could get 25 years each for the two murders plus 12 years for the attempted murder.

Tree’s use of a firearm in the murder could get him an extra 25 years for each special allegation, for a total of additional 50 years on top of the basic sentences.

◼ Bodhi Tree Found Guilty of Second-Degree Murder Lost Coast Outpost (6:16)

Allan Dollison on Lost Coast Outpost • Ok here is some law. You are charged with Murder. A prosecutor has the option of asking for a conviction on 1st Degree or 2nd Degree from the Jury. That decision is made after you have evaluated all of the evidence. Convictability on 1st v 2nd does play a role. They can ask for a 1st Degree and if the jury can't make a finding on 1st then they have an option to convict of 2nd degree. Or the prosecutor can send to the Jury as only a 2nd. There is NO discretion by the court now on sentencing. Tree gets 15-L each on both 2nd degree, but the fire arms enhancement adds 25 additional years each, so those sentences are actually 40-L, or 80-L. He could get another 7-L for Rhett August. If affirmed on appeal (over 90% chance) then Bodhi Tree will die in prison. Parole process for murder is also all but impossible. It is 4-part, and over 98% fail the very first part. Good win for Élan Firpo and small solace for the families who lost their loved ones.

◼ Bodhi Tree guilty of murder, attempted murder, firearm use - Mad River Union 8/8/14

Closing arguments: Bodhi Tree Murder Trial, It's with the jury now

◼ Only one alternate juror was left in Tree case and one just left courtroom in tears - John Chiv/Words Worth 8/6/14

◼ Standing in the hallway for other cases, courtroom 4 has been closed three times for Tree case - John Chiv/Words Worth 8/6/14

◼ "Bodhi Tree is a cold blooded killer who kills people he barely knows" - John Chiv/Words Worth 8/5/14

The defense made a big deal about motive in their closing. Ms. Firpo said motive was an issue in this case. "Bodhi Tree is a cold blooded killer who kills people he barely knows. Mr. Tree barely needs a motive to shoot people."

"He shot Rhett because Rhett didn't defend him. He shot two young people whose crime was that Christina didn't want to get with him and Sunshine defended Christina."

◼ "Most of Humboldt County is dodgy about marijuana" Firpo counters defense closing - John Chiv/Words Worth 8/5/14

That is the one statement made by Mr. Russo this morning as the defense is still presenting it's closing on the Eureka case that was free of defense spin.

The defense is hoping the questions they raise in closing may sway the jury however they are relying that the jury may have complete amnesia. If you only rely on closing or have not followed the trial daily, you might buy the hogwash the defense is presenting....

◼ Closing arguments over in Tree cade, case sent to jury - John Chiv/Words Worth 8/5/14
◼ Defense in Tree case insults victim's families, friends, prosecution and witnesses - John Chiv/Words Worth 8/5/14
◼ Sean Butler Smith fooled police, so did Charles Crow, and "put on a show for you" - John Chiv/Words Worth 8/5/14
◼ "What we say is not evidence, we are trying to persuade you" - John Chiv/Words Worth 8/5/14

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

◼ Jury in Arcata double murder case enters deliberation - Times-Standard 8/5/14

After nearly three months, the jury in the Arcata double-murder case entered deliberations... Defendant Bodhi Tree has pleaded not guilty to two murder charges in the deaths of Eureka High School senior Christina Schwarz and 27-year-old Alan "Sunshine" Marcet at a home in Arcata in May 2013, and one charge of attempted murder in the Eureka shooting of Rhett August a few days prior. If convicted, Tree faces 50 years to life.

Tree trial resumes W/Updates

◼ Bodhi Tree gets a bit animated during closing arguments - John Chiv/Words Worth 8/4/14
◼ It's not a case to the mothers who sit in the courtroom or their family and friends - John Chiv/Words Worth 8/4/14

Statements like telling the jury that giving closure to the families or finding Tree guilty would only provide the community with a "momentary sense of justice" were out of line.

◼ As usual defense starts closing and instead of evidence, we are on the usual tangent - John Chiv/Words Worth 8/4/14
◼ "Everyone is telling their truth in this case, some people's truth is they want nothing to do with this case" - John Chiv/Words Worth 8/4/14

Back story:
◼ BREAKING: SOMETHING'S UP IN BODHI TREE CASE - 8/1/14
◼ Bodhi Tree End Game - 7/29/14
◼ Bodhi Tree gamechangers? W/Updates - 7/23/14
◼ Bodhi Tree Murder Trial: DAILY UPDATES, running record.

BREAKING: SOMETHING'S UP IN BODHI TREE CASE

Tree trial to resume at 8:45 on Monday

◼ Melvin Matthews and investigators on both side in courtroom for Tree case, still no idea what is going on?

◼ Jurors led away in Tree case, rest of us waiting to see what's up

◼ Bodhi Tree closing delayed; more information at 9:30?

The bailiff in the Bodhi Tree case came out at 9:10 said there is a delay. Asked jurors and everyone to return at 9:30 and more information will be available then.

Bodhi Tree gamechangers? W/Updates

◼ "When someone is killed, it has nothing to do with me getting out early" - John Chiv/Words Worth 7/29/14

Williams explained why people in and out of custody come to him with information. Ms. Holmquist tried to paint him as a snitch wanting personal benefit. Both on cross and redirect, Williams came across as someone whose tips to the Sheriff's office and DA's office have led to discovery of a body and arrest of three suspects in one case; another case in which Williams wore a wire and was supposed to catch an inmate who raped his wife confessing he was planning to plot to have someone kill her.

Williams said he was going to testify whether he had an immunity agreement or any plea deal in his case because "what he (Tree) did was hideous." Williams said Tree killed a 'child", referring to Christina.

◼ The never ending jury trial; Tree case to definitely go into next week - John Chiv/Words Worth 7/29/14

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

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

◼ From the "hood" to a business management courses at CR, the journey of one criminal who got "saved" by Christ - John Chiv/Words Worth 7/23/14
◼ Brannon alleges Tree said "I'm going to beat this case" and get out - John Chiv/Words Worth 7/23/14

Brannon also alleges that Tree said he would shoot Brannon in the head and not make the same mistake he did with Rhett.

◼ "I got something for you guys, I'll be right back" - John Chiv/Words Worth 7/23/14

Brannon also said initially he did not talk to police because he was in a gang and you do not snitch. Ms. Firpo brought this up because at the April preliminary hearing Brannon denied anything about a fight.

Even though he was offered immunity in April, but then he got saved, became a Christian and got out of the political structure and had a "change of heart." Reading the Bible, he dropped out of the gang and wanted to change his life. He did not want to be part of the "prison political structure"; the gang. A cellmate in Humboldt County jail was the one who gave him the Bible, but Brannon was already thinking of telling the truth before this and he wrote to the DA saying he wanted to cooperate. He also sent a letter addressed to District Attorney Paul Gallegos. This was on April 2014 before the 402 hearings....

◼ July 3 tip given to only me re Tree makes sense after today's testimony - John Chiv/Words Worth 7/22/14
◼ Best estimate: Bodhi Tree trial estimated to conclude this Friday or by July 28 - John Chiv/Words Worth 7/22/14

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

◼ Bodhi Tree Murder Trial: DAILY UPDATES, running record.

Bodhi Tree Murder Trial: DAILY UPDATES, running record.

RESOLUTION: GUILTY, LIFE IN PRISON

And so it ends. "May God have mercy on your soul."

◼ "I'm here to talk about the impact on our lives by the senseless slaughter of two innocent people by a man, and I'm hesitant to use the word, man." - John Chiv/Words Worth Oct 10, 2014

◼ "Little did we know that this nightmare would never end" - John Chiv/Words Worth Oct 10, 2014

◼ Jurors, family, community members pack courtroom for Bodhi Tree sentencing - John Chiv/Words Worth Oct 10, 2014

...7 jurors took the time out of their schedules, community members that attended the trial, and the families of all victims have been waiting...

◼ link - John Chiv/Words Worth Oct 10, 2014

...He has to serve consecutive sentences... but the basic gist is he has to serve 75 years and even then with minimum parole times on other terms, it is another 25 so it would be 100 years before he is eligible for parole.

Tree sat with with an attitude, no remorse and after sentence looked at bailiffs and said "Allright, ready."

◼ We plead with the court to never release this animal to society" - John Chiv/Words Worth Oct 10, 2014

Some of the jurors were wiping tears as did Sean Butler-Smith's sister Breanne and community members. Even the court staff who were stoic and professional were shaken by the emotional testimony of the families. While Rhett August's mother attended, she chose not to speak.

Victim witness representative Marybeth read a letter from Nancy Jo Marcet, Sunshine's mother, Michael Tostado, Christina's uncle read his own statement, that of his wife, and Christina's aunt and the last one to read was Tina Schwarz, Christina's mother.

Mrs. Marcet started her letter by referring t the loss of her son, "who was taken from us so violently trying to protect Christina." The last words Alan "Sunshine" Marcet etxted to his mother on May 17, was "I love you so very much." And on May 18, she found out he was dead. This loss just on the heels of Sunshine's father being killed.

"He should not be allowed to do this anyone again," Mrs. Marcet's sentiment was reiterated by all speakers, Ms. Firpo and Judge Dale Reinholtsen.

They were very grateful to DDA Elan Firpo and the jurors who they thanked. Mrs. Schwarz even thanked the public defenders and addressed Bodhi Tree. At one point, she asked him to look at her, he didn't. She said, "May God have mercy on your soul."
__________________
Thank you, John Chiv, for covering this case in its entirety.
__________________
◼ Tree gets life in prison - Paul Mann/Mad River Union

A full report will appear in the Oct. 15 edition of the Mad River Union.

Thank you, Paul Mann.
__________________
◼ Bodhi Tree Sentenced to Life in Prison - Andrew Goff/Lost Coast Outpost
__________________
AFTERMATH:
◼ Key witness in Tree trial assualted the second time in jail - John Chiv/Words Worth Oct 11, 2014
◼ Even with the trial over, Sean is not safe; his sister's account - John Chiv/Words Worth Oct 11, 2014
◼ DDA Elan Firpo gives notice, joins well-known local firm - John Chiv/Words Worth Oct 10, 2014
__________________
◼ Closing arguments in Tree start Thursday, expected to last a couple days - John Chiv/Words Worth 7/29/14
◼ Defense rests; evidence in Tree case complete - John Chiv/Words Worth 7/29/14
◼ People rest in Tree case; defense calls last witness - John Chiv/Words Worth 7/29/14

◼ "When someone is killed, it has nothing to do with me getting out early" - John Chiv/Words Worth 7/29/14

Williams explained why people in and out of custody come to him with information. Ms. Holmquist tried to paint him as a snitch wanting personal benefit. Both on cross and redirect, Williams came across as someone whose tips to the Sheriff's office and DA's office have led to discovery of a body and arrest of three suspects in one case; another case in which Williams wore a wire and was supposed to catch an inmate who raped his wife confessing he was planning to plot to have someone kill her.

Williams said he was going to testify whether he had an immunity agreement or any plea deal in his case because "what he (Tree) did was hideous." Williams said Tree killed a 'child", referring to Christina.

◼ The never ending jury trial; Tree case to definitely go into next week - John Chiv/Words Worth 7/29/14

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

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

◼ From the "hood" to a business management courses at CR, the journey of one criminal who got "saved" by Christ - John Chiv/Words Worth 7/23/14
◼ Brannon alleges Tree said "I'm going to beat this case" and get out - John Chiv/Words Worth 7/23/14

Brannon also alleges that Tree said he would shoot Brannon in the head and not make the same mistake he did with Rhett.

◼ "I got something for you guys, I'll be right back" - John Chiv/Words Worth 7/23/14

Brannon also said initially he did not talk to police because he was in a gang and you do not snitch. Ms. Firpo brought this up because at the April preliminary hearing Brannon denied anything about a fight.

Even though he was offered immunity in April, but then he got saved, became a Christian and got out of the political structure and had a "change of heart." Reading the Bible, he dropped out of the gang and wanted to change his life. He did not want to be part of the "prison political structure"; the gang. A cellmate in Humboldt County jail was the one who gave him the Bible, but Brannon was already thinking of telling the truth before this and he wrote to the DA saying he wanted to cooperate. He also sent a letter addressed to District Attorney Paul Gallegos. This was on April 2014 before the 402 hearings....

◼ July 3 tip given to only me re Tree makes sense after today's testimony - John Chiv/Words Worth 7/22/14
◼ Best estimate: Bodhi Tree trial estimated to conclude this Friday or by July 28 - John Chiv/Words Worth 7/22/14

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

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

◼ Second defense witness testifies out of order in Bodhi Tree case - John Chiv/Words Worth 7/2/14

◼ An uneventful morning in the Bodhi Tree case - John Chiv/Words Worth 7/1/14

◼ First defense witness testimony in Bodhi Tree case total letdown - John Chiv/Words Worth 6/30/14

◼ Touche Firpo in Bodhi Tree cross vs redirect today - John Chiv/Words Worth 6/27/14

"Are you a detective?" and "Are you authorised to open and search items" Christian responded she was not. Ms. Firpo also asked Ms. Christian if it was "realistic" to collect every item in the house. She also brought up the fact that Ms. Holmquist asked why a butcher knife in the kitchen was not collected. She asked Ms. Christian if anyone had been stabbed in this double homicide.

The last question is just one example of the completely irrelevant questions by the defense. By now, I can predict the questions and strategy of the defense. I realize they need to present a vigorous defense for their client but only one person has been identified by the witnesses, only one person had a motive. Endless questions that do not prove the defense theory only serve to annoy.

◼ Red spot on Tree's ipod, latex glove among other gloves found on Tree when arrested - John Chiv/Words Worth 6/27/14
◼ Witness testimony varies, but consistent on pre-killing agitation - Tabitha Soden/Mad River Union 6/27/14

◼ "Pretty quiet, he never said much. Didn't communicate much with anybody." - John Chiv/Words Worth 6/26/14

Yesterday and today, Dale Coultier, a senior criminalist with the CA DOJ, who works at the Eureka lab and is primarily a firearms examiner testified in detail about the process of examining bullets from the Eureka and Arcata crime scenes.

There has been no firearm recovered and he testified that there were similarities in the bullet markings and that it is possible that the same firearm was used but he could not say that definitively because he did not have a firearm to compare and examine.

For two days, Mr. Russo questioned him on cross to no avail.

◼ "They were looking for Mr. Tree, that he had killed some people" - John Chiv/Words Worth 6/25/14

◼ Today's testimony in Bodhi Tree could be summed up in one sentence - John Chiv/Words Worth 6/24/14

"I don't recall."

Bodhi Tree Updates: Rhett August UPDATED & BUMPED

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

Rhett August, who was allegedly shot by Bodhi Tree, has a court case of his own *. EPD was responding to a domestic violence call and found meth..... ◼ (In February, he was released on a Cruz Waiver.) Now his own case is being delayed again, AND he is testifying about the events leading to the shooting...

◼ * Rhett August petition to revoke probation withdrawn, remains on probation - John Chiv/Words Worth

◼ Keeping vigil at Tree trial: 'She was one of my best friends' - Lorna Rodriguez/Times-Standard 5/31/14

◼ Tenuous Witness Cred Erodes State’s Case Against Tree - Paul Mann/Mad River Union 5/30/14

The heroin addictions and resulting memory loss of three prime witnesses in the Bodhi Tree triple murder trial are chipping away at the state’s charges.

Rhett August, the one victim to survive last spring’s shooting binge in Eureka and Arcata, remains unable to identify who shot him the night of May 15, 2013, when he answered the doorbell and stepped outside his Eureka apartment....

◼ "Russo seems very frustrated; Firpo defeating him at every turn"; general consensus among media covering case - John Chiv/Words Worth 5/30/14
◼ In my experience, in Humboldt County, a pound of marijuana would not get prosecuted in this era - John Chiv/Words Worth 5/30/14

Detective Cress explaining one of the reasons why he did not confiscate the marijuana in Rhett August's apartment. He also said when he saw the marijuana in the one, clear plastic bag, he was doing the initial sweep to secure the apartment for safety.

◼ Cress cross by Russo concludes in Bodhi Tree, Firpo still doing redirect - John Chiv/Words Worth 5/29/14
◼ 3 year supervised probation for Rhett August, alleged first victim in the Bodhi Tree case - John Chiv/Words Worth 5/28/14

Judge Feeney said that in addition to the Probation report, an addendum to the Probation report, he received character reference letters provided by August's family.

His tentative decision was to grant three years of supervised probation to August and to reinstate probation for four older cases.

◼ Brief Bodhi Tree update from today - John Chiv/Words Worth 5/28/14
◼ Cress still testifying: explains how Bodhi Tree connection with Eureka and Arcata happened - John Chiv/Words Worth 5/28/14 10:05
.

Updates on the Bodhi Tree Double Murder trial...

And btw: Word is, in addition to the responsibility of a double murder trial, Élan Firpo still has a full bucket load, meaning rather than being allowed to focus on this serious case, she has to go to court on any number of lesser cases. All of the remaining Deputy DAs have full buckets, with little to no time to focus as it is.

◼ Boom Boom Boom Boom, I saw muzzle flash - John Chiv/Words Worth 5/21/14

◼ "He would not let me get past me...he put his hand between my legs" - John Chiv/Words Worth 5/20/14

Taraya, the witness who claims Bodhi Tree groped her at Rhett August's house on May 13 is testifying...said Rhett August and his girlfriend did not participate but three other guests beat Bodhi Tree over being inappropriate with her and then because he would not leave.... more at the link...

◼ Witness: Tree made unwanted sexual advances, Details continue to emerge in Arcata double murder case - Lorna Rodriguez/Times-Standard 5/20/14

◼ Earlier

Bodhi Tree Trial Day 2

◼ While people's photo being entered into evidence, first time Bodhi Tree was a bit louder than a whisper communicating with Ms. Holmquist. Most emotion or animation he has shown at any court proceeding so far. - John Chiv/Words Worth

PRIOR COVERAGE◼ Keeping up with the Bodhi Tree proceedings... Jury selection complete - Opening arguments

Keeping up with the Bodhi Tree proceedings... Jury selection complete - Opening arguments

Rhett August, who was allegedly shot by Bodhi Tree, has a court case of his own. EPD was responding to a domestic violence call and found meth..... ◼ (In February, he was released on a Cruz Waiver.) Now his own case is being delayed again, AND he is testifying about the events leading to the shooting...

◼ Keeping vigil at Tree trial: 'She was one of my best friends' - Lorna Rodriguez/Times-Standard 5/31/14

◼ Tenuous Witness Cred Erodes State’s Case Against Tree - Paul Mann/Mad River Union 5/30/14
◼ "Russo seems very frustrated; Firpo defeating him at every turn"; general consensus among media covering case - John Chiv/Words Worth 5/30/14
◼ In my experience, in Humboldt County, a pound of marijuana would not get prosecuted in this era - John Chiv/Words Worth 5/30/14

◼ Cress cross by Russo concludes in Bodhi Tree, Firpo still doing redirect - John Chiv/Words Worth 5/29/14

◼ 3 year supervised probation for Rhett August, alleged first victim in the Bodhi Tree case - John Chiv/Words Worth 5/28/14
◼ Brief Bodhi Tree update from today - John Chiv/Words Worth 5/28/14
◼ Cress still testifying: explains how Bodhi Tree connection with Eureka and Arcata happened - John Chiv/Words Worth 5/28/14 10:05

◼ EPD Detective Peter Cress starts off testimony today in Bodhi Tree trial - John Chiv/Words Worth 5/27/14
◼ Former police detective testifies about motive in Eureka shooting - Lorna Rodriguez/Times-Standard 5/27/14

◼ Discrepancies: Covering the courts; an unexpected advantage. mistakes in the questioning of Rhett August - John Chiv/Words Worth 5/24/14

◼ Eureka shooting victim testifies in Tree trial - Lorna Rodriguez/Times-Standard 5/23/14
◼ Russo cross of Rhett August results in Russo smackdown - John Chiv/Words Worth 5/23/14
◼ Someone rang the doorbell, I remember it clear as day - 5/23/14
◼ Tree Trial Pivots On Motive, Police Work - Paul Mann/Mad River Union 5/23/14

◼ Bodhi Tree's attempted murder victim Rhett August's sentencing postponed for a week  - John Chiv/Words Worth 5/22/14
◼ My friends laughed, women said he deserved it, Rhett August testifies today - John Chiv/Words Worth 5/22/14
◼ I wasn't lying, I remember better now, my mind is clear - John Chiv/Words Worth 5/22/14

◼ Boom Boom Boom Boom, I saw muzzle flash - John Chiv/Words Worth 5/21/14

◼ "He would not let me get past me...he put his hand between my legs" - John Chiv/Words Worth 5/20/14
◼ Witness: Tree made unwanted sexual advances, Details continue to emerge in Arcata double murder case - Lorna Rodriguez/Times-Standard 5/20/14

◼ Highlights of defense opening arguments in the Bodhi Tree trial - John Chiv/Words Worth 5/14/14
◼ Highlights of prosecution opening arguments in the Bodhi Tree trial - John Chiv/Words Worth 5/14/14
◼ Bodhi Tree Jury Trial first day; opening arguments compelling - John Chiv/Words Worth 5/14/14
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◼ Opening statements start for Arcata double murder trial, Jury seated after answering 21-page questionnaire - Lorna Rodriguez/Times-Standard 5/13/14

Today, opening statements will begin in the double murder trial for Bodhi Tree, who is accused of killing Christina Schwarz, 18, and Alan "Sunshine" Marcet, 27, in a home on Eye Street on May 18, 2013. Tree also allegedly shot Rhett August in Eureka on May 15, 2013. August survived.

Tree pleaded not guilty to the murder and attempted murder charges. He faces 50 years to life in prison, if convicted. The district attorney's office will not seek the death penalty even though the case is eligible because more than one person died.

Jury selection for the trial began the second week of April, and concluded Friday, Deputy District Attorney Elan Firpo said....

Questions about Firpo, who is a district attorney candidate, are included in the final section. They range from whether potential jurors are considering voting for Firpo and whether her candidacy would influence how jurors view the case....

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◼ Bodhi Tree jury selection complete; Trial starts May 14 5/9/14
◼ Bodhi Tree 12 jurors picked; alternates still being selected - John Chiv/Words Worth 5/9/14
◼ Publisher: Court docs unsealed - Judy Hodgson/The Journal 5/9/14
◼ UNSEALED - THE JOURNAL ONLINE 5/9/14

◼ Jury selection in Bodhi Tree case to start tomorrow, expected to take at least two weeks - John Chiv/Words Worth 5/8/14

◼ Jury selection starts for Bodhi Tree trial today - John Chiv/Words Worth 5/5/14

◼ The trial for double murder suspect Bodhi Tree began Monday morning as both the prosecution and defense ironed out the details of how the trial will proceed. - News Channel 3 video at the link.

◼ It's a big day in court today: Bodhi Tree jury selection procedure starts today; Borgner update - John Chiv/Words Worth 5/3/14
◼ Jury selection in Bodhi Tree case to start tomorrow, expected to take at least two weeks - John Chiv/Words Worth 5/3/14

◼ Death penalty not sought in Bodhi Tree case, trial continued to April 7 - John Chiv/Words Worth 3/17/14

◼ Tree's trial date pushed back to April 7 - Kimberly Wear/The Times-Standard
◼ Gallegos: No Death Penalty in Arcata Double Murder Case - Thadeus Greenson/the Journal
Read prior Journal coverage of the case ◼ here. (image(s) source)
◼ KIEM report

EARLIER:

◼ Bodhi Tree determination re death penalty case yet to be determined - John Chiv/Words Worth 2/10/14
◼ Rhett August, Tree's alleged victim, released on cruz waiver on his own court case - John Chiv/Words Worth 2/10/14

◼ The trial for a man accused of murdering a teenage girl and the man who was apparently trying to defend her was set Friday for March 24. - Lorna Rodriguez/The Times-Standard 2/8/14

◼ ...Judge Dale Reinholtsen presiding. Elan Firpo, prosecutor. Attorney for Tree, Heidi Holmquist.... - John Chiv/Words Worth 2/7/14

◼ Bodhi Tree to be charged with Eureka shooting; details emerge in Arcata double homicide, defendant's mental health history - Thadeus Greenson/The Times-Standard 8/01/13

...Tree, an ex-convict who court documents indicate has a history of mental illness and had been released from prison just six weeks before he is alleged to have opened fire in a Eureka neighborhood. The court documents also indicate Tree confessed to the Arcata killings, telling a friend he'd “just shot two people.”

◼ Officials: Bodhi Tree is 'person of interest' in last week's Eureka shooting - Times-Standard 5/23/13
◼ Police Looking at Bodhi Tree as a ‘Person of Interest’ in Eureka Shooting Last Week - Hank Sims/Lost Coast Outpost 5/23/13
◼ Arcata double homicide suspect pleads not guilty: Case eligible for the death penalty - Lorna Rodriguez/The Times-Standard 5/23/13

◼ Officials: Looking for gun used in weekend's double homicide - The Times-Standard 5/21

◼ DOUBLE HOMICIDE ON EYE STREET (Update 2) - Kevin Hoover/Arcata Eye 5/18/2013 (image source)
◼ Homicide Suspect in Custody (Updated) - Kevin Hoover/Arcata Eye 5/18/2013
◼ Bodhi Tree, 28, arrested in connection with this morning's double homicide. - Kevin Hoover/Arcata Eye 5/18/13
◼ Bodhi Tree Booked On Two Counts Of Murder - Kevin Hoover/Arcata Eye 5/18/13
◼ FOURTH UPDATE: No bail for double homicide suspect - The Times-Standard 5/18
◼ THIRD FOURTH UPDATE: APD details search, arrest of double homicide suspect - Times Standard 5/18/13
◼ SECOND UPDATE: Police ID suspect arrested in double homicide - Times Standard 5/18/13
◼ Update: Police searching for Arcata double homicide suspect - Times Standard - 5/18/13

◼ Suspected Double Homicide in Arcata This Morning (UPDATING) - Hank Sims/Lost Coast Outpost 5/18/13 (image source)

◼ A footnote to history: Bodhi Tree is used to being arrested, sometimes with the aid of APD K-9 officers. He has a history of petty crime in Arcata and elsewhere.... - Arcata Eye Facebook (LINK EXPIRED)
◼ BODHI TREE'S HISTORY: High Speed Chase Ends with Officers uh…Treeing Suspect (click here for previous arrest information) - Kym Kemp/Lost Coast Outpost 10/5/11


◼ Parents of Murder Victim: ‘Her Light Will Always Shine’ - Ryan Burns/The Journal (image source) 5/20/13

Digging through court records, News Editor Thadeus Greenson learned that Bullock had been deemed "ineligible" by the court back in 2012 for a plea bargain agreement that was the result of a previous brush with the law. Why was he ineligible?

◼ Publisher: Court docs unsealed - Judy Hodgson/The Journal

"There was reference to a probation report (under seal by the court)," Greenson said. "I read the law. ... I'm no lawyer, but it seemed to me it should be a public document."

Three months later, Bullock's old probation report — along with similar reports for Bodhi Tree and Vincent Earnest Sanchez, two more men awaiting trial for unrelated high-profile crimes — have been unsealed.

◼ UNSEALED - THE JOURNAL ONLINE
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And, BTW, Plea deals.

Bodhi Tree Trial Begins: Defense and prosecution to finish jury selection

◼ The trial for double murder suspect Bodhi Tree began Monday morning as both the prosecution and defense ironed out the details of how the trial will proceed. - News Channel 3 video at the link.

Jury selection has begun and is expected to be finished in the upcoming weeks. Opening statements for the trial are expected to start in mid April.

◼ Jury selection in Bodhi Tree case to start tomorrow, expected to take at least two weeks - John Chiv/Words Worth

Then the jury selection process for jurors and alternates will begin. There really is not much to report on until the jury is selected and opening statements are given. I will be there in court each day just to observe the process and report if anything develops....

There was some discussion today about certain motions being discussed confidentially and what individual jurors will be questioned privately. For certain motions which were discussed today, the courtroom was closed so that the evidentiary issues being discussed would not be reported and affect the potential jury pool.

Heads up, from Chiv: Ferrer sentencing may not happen until 4 p.m.

◼ Ferrer sentencing may not happen until 4 p.m., information you would not know except for this post - John Chiv/Words Worth

It is listed as 2 p.m. on the court calendar for today. But when I checked on the time today, heard it may happen at 4 p.m. That is interesting since it is not a special set.

Come a bit early if you want a seat. I suggest people interested come at 2 p.m. and then you will know for sure.

◼ Ferrer hearing to start at 4 - John Chiv/Words Worth

...hallway packed.

◼ Allan Dollison declines Arnie Klein's request to attend Ferrer sentencing; will public have access to enough seats, read why - John Chiv/Words Worth

◼ Showdown Over Arcata Stabbing Suspect’s Plea Deal This Afternoon - Hank Sims/Lost Coast Outpost

The Outpost’s Ryan Burns will be in the courtroom this afternoon at the politically charged sentencing hearing for Juan Ferrer, the man who has pleaded guilty to involuntary manslaughter in stabbing death of Douglas Anderson-Jordet in December.

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◼ Community Encouraged to Come to Ferrer Sentencing Hearing - Arnie Klein

Today at the Humboldt County Courthouse at about 2 p.m. (may be moved to 4:00) Judge Joyce Hinrichs will be the presiding magistrate for the sentencing hearing of Juan Ferrer. The Humboldt County District Attorney’s Office has stated it will present a plea bargain to Ferrer of involuntary manslaughter for the November murder of Abruzzi chef Douglas Anderson-Jordet, which the judge does not have to accept.

Mr. Klein invites and urges every member of the community to attend who cares about public safety, justice and fairness. If you live here, work here, own a business, raise children, are going to school, retired and living on a fixed income, any of the above or none of the above, if you care at all about the future of public safety in Humboldt County, please attend the court hearing. Or if you cannot, follow the results of the hearing on any of the various social media outlets.
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◼ It's a big day in court today: Bodhi Tree jury selection procedure starts today; Borgner update - John Chiv/Words Worth