Berkowitz: One On One With Maggie Fleming

◼ Maggie answers Cliff’s questions about her experience and plans for the District Attorney’s office on Khum.
__________________
◼ electmaggiefleming.com ◼ ENDORSEMENTS ◼ NEWS ◼ DONATE__________________
◼ She spoke passionately about changing the culture of politics in the DAs office, rebuilding the roster of prosecutors and sticking within legal framework regarding plea cases. Maggie also clears up the confusion that she is related to former Mayor of Eureka, Nancy Flemming. She is not (spelled differently). - Lost Coast Outpost

In the comments: Last week it was ◼ dump on Dollison day. ◼ Then Firpo, with a concerted push-back in the comments thread. Now it's Maggie's turn.

There are comments about CAST, similar to comments at ◼ Samoa Softball. CAST, and the Grand Jury Report, and what happened to CAST.

Something that has festered for years is finally coming out. Someone who knows details and is passionate about the topic.

It is time that what Gallegos has done comes out.

Way past time.

Whoever you are - let's talk.
__________________
◼ One On One With Elan Firpo
◼ One On One With Allan Dollison
◼ One On One with Arnie Klein

The end of CAST

◼ Proposed Humboldt County cuts squeeze departments: DA, DHHS, public defender all warn cuts will carry consequences
The Humboldt County District Attorney's Office is contemplating a drastic scale-back of its Child Abuse Services Team, or CAST. The 8 percent across-the-board cut will mean the Department of Health and Human Services will be unable to leverage millions of dollars in matching state and federal programs and will have to scale back its focus to mandated programs.

The proposed cuts would also force the Public Defender's Office to lay off two senior attorneys, which would likely lead to the court appointing private attorneys to pick up some of the office's case load. That could result in hundreds of thousands of dollars in added expenses for the county.

”We're looking at some major, major impacts,” said Humboldt County District Attorney Paul Gallegos. “I'm not trying to sound bleak but, candidly, I don't see a silver lining....”

Gallegos said his department is potentially looking at taking hits from all sides.

In addition to the proposed county cuts, he said his office will also potentially lose some $160,000 in state funding if a portion of the Vehicle Licensing Fee is not extended. Cuts to the Department of Health and Human Services will also impact the DA's CAST program, Gallegos said.

For some 15 years, DHHS has contributed about $280,000 to the ongoing operation of CAST, which comprises specially trained individuals from Child Welfare Services, the DA's Office, the DA's Victim Witness Assistance Program, local law enforcement agencies, Probation and other agencies. The idea is that the team is better able to investigate and prosecute child abuse allegations.

But this year, DHHS is taking a 17.4 percent reduction in state funding in addition to the proposed county cuts, which is strongly impacting its ability to leverage matching state and federal funds. Consequently, Director Phillip Crandall said, it has had to pull its funding of CAST, though it has pledged to keep allocating staff positions to the team.

”While we have historically provided that support for CAST because it's a valuable service and good for our children, we don't have sufficient funds to carry that,” Crandall said.

Gallegos said he's currently looking to supplant the money that traditionally came from DHHS. As things stand, Gallegos said, he will be able to keep CAST going, but he worries further cuts could put it in jeopardy.

As an example, Gallegos said that senior Deputy District Attorney Max Cardoza and Assistant Deputy District Attorney Wes Keat are planning on retiring this year. He said their salaries are in his proposed budget -- which comes in with an 8 percent cut -- but the county has a hiring freeze in place, and he's concerned the county may not approve refilling the positions.

If those positions were to wind up frozen, Gallegos said it would severely impact his office.
Both Crandall and Gallegos said CAST is a priority, but both stated it is not a state-mandated program, meaning at some point, it could be dropped due to cuts.

”We're going to look at every feasible option to keep CAST functioning,” Gallegos said.

Gallegos said he thinks it's important to remember that public safety is a joint effort that cuts across multiple departments. He said there's no question deputies are needed to enforce laws, but said prosecutors are also needed to bring offenders to justice, probation officers are needed to help ensure ex-convicts don't re-offend and DHHS officials are necessary to provide mental health services, investigate health code violations and protect children and vulnerable adults.

”It's a system that requires balance,” Gallegos said.

Humboldt County needs to lay off nearly 50 employees; cuts may include frozen positions, dissolving Alternate Counsel office and providing voluntary furloughs

◼ Since the county can no longer rely on its reserves, the board previously asked department heads to reduce their budgets by 8 percent. The proposed eliminations would save about $3.8 million annually.

According to a staff report, departments identified the need to eliminate funding for 46 full-time positions in order to meet the board's directed deduction.

The positions include one position from the board's office, four from the District Attorney's Child Abuse Services Team, three from the Public Defender's Office, 24 from Sheriff's Office operations, three from the Probation Department, one from the jail, two from the Economic Development Department, two from Alternate Counsel, five from the animal shelter, and one from the library.

◼ Humboldt County urging public to prioritize services for budget cuts; Sheriff's Office to take biggest hit, with layoffs looming.

Paul Gallegos' DA's Office on FOX news online - HOPE THEY'RE PAYING ATTENTION.

◼ Not guilty plea in CA meth-laced breastmilk death Jan 26, 2011 7:32 PM EST
A Northern California woman has pleaded not guilty to killing her 6-week-old baby by feeding him methamphetamine-laced breast milk.

Prosecutors say 26-year-old Maggie Jean Wortman of Loleta used methamphetamine and passed it to her two children while breast-feeding.

Detectives arrested Wortman last week after a two-month investigation found her son died in November due to "methamphetamine toxicity."

Wortman entered her plea Tuesday in Humboldt County Superior Court. She is charged with involuntary manslaughter and two counts of felony child endangerment.

The Times-Standard of Eureka reports that authorities placed Wortman's 19-month-old daughter in protective custody after she tested positive for methamphetamine.

Wortman faces a maximum prison sentence of nine years if convicted on all counts.
___
◼ Information from: Times-Standard, http://www.times-standard.com

◼ Loleta mom pleads not guilty to manslaughter charge; mother allegedly passed lethal dose of meth to infant son through breast milk

Gallegos hits the big time.

Eric Darrell Schwenk sentenced to 30 years in prison

◼ Man sentenced to 30 years in prison

NEWS RELEASE
FOR IMMEDIATE RELEASE
Date: August 31, 2010
CONTACT: District Attorney, Paul V. Gallegos
PHONE: (707)445-7411

Eric Darrell Schwenk

Today, in Humboldt Superior Court, Judge Timothy P. Cissna sentenced Eric Darrell Schwenk to serve 30 years in prison for felony child molestation. The aggravated sentence is based, in part, upon Schwenk's 1995 conviction for Lewd and Lascivious Acts on a child under age 14, under circumstances strikingly similar to those described by the child who was the victim in this case.

On July 2, 2010, a jury returned guilty verdicts against Schwenk, 45 years old, of Eureka, on two felony counts of Lewd and Lascivious Acts on a child under 14 years of age. The case was developed by the Child Abuse Services Team (CAST) based on a referral from a mandated reporter of suspected abuse.

District Attorney Paul Gallegos continues to express his pride in the job done by CAST, commenting "CAST plays a vital role in protecting our children and ridding our community of predatory pedophiles. "

The case was prosecuted by Deputy District Attorney Elan Firpo.
Mr. Marek Reavis, Esq. defended Mr. Schwenk.

◼ Eureka man found guilty of 'lewd' acts with a child - Allison White/The Times-Standard... Posted: 09/11/2009 01:15:34 AM PDT
--- ◼ archived - Eureka man found guilty of 'lewd' acts with a child

TS - Man convicted of child molestation charges
07/03/2010 - A Humboldt County Superior Court jury on Friday convicted Eric Darrell Schwenk, 45, of two felony violations of lewd and lascivious acts on a child under 14 years of age, according to the Humboldt County District Attorney's Office....

TS - Schwenk pleads not guilty to child molestation
10/29/2008 - A 43-year-old registered sex offender who has been charged with allegedly molesting his former girlfriend's 10-year-old son in 2002 pleaded not guilty at his Tuesday arraignment. Eric Darrell...

TS - Eureka man found guilty of 'lewd' acts with a child
09/11/2009 - The jury in a 2007 child molestation case found a Eureka man guilty on one count Thursday, acquitted him on another and was unable to reach a verdict on a third. Eric Darrell Schwenk, 44, was...

TS - Man facing trial for allegedly molesting girlfriend's son
10/16/2008 - A 43-year-old registered sex offender from Stanislaus County sat in court Wednesday morning as a judge found there was sufficient evidence to try him for allegedly molesting a 10-year-old boy from...

A decrease in child abuse cases?

◼ Humboldt County sees decrease in child abuse cases; prevention advocates credit community partnerships

Boy, I'll say.

...Sutcliffe said the agency has seen a 25 percent decrease in reports that were serious enough to result in investigations and a 40 decrease in investigations that led to cases between 2006 and 2009....

Let's see the new numbers. Here are the old ones:

In 1997
There were 137 CAST Child Interviews
There were 56 cases of alleged child abuse RECEIVED by the DAs office
There were 37 child abuse cases FILED by the DAs office

In 1998
There were 142 CAST Interviews
There were 52 cases received by the DAs office
There were 37 cases FILED by the DAs office

In 1999
There were 194 CAST Interviews
There were 81 cases received by the DAs office
There were 49 cases FILED by the DAs office

In 2000
There were 194 CAST Interviews
There were 66 cases received by the DAs office
There were 48 cases FILED by the DAs office

In 2001
There were 196 CAST Interviews
There were 65 cases received by the DAs office
There were 46 cases FILED by the DAs office

In 2002
There were 215 CAST Interviews
There were 66 cases received by the DAs office
There were 47 cases FILED by the DAs office

In January of 2003, Paul Gallegos took office

In 2003
There were 205 CAST Interviews
There were 67 cases received by the DAs office
There were 40 cases FILED by the DAs office

In June of 2004 Paul Gallegos fired his top child abuse prosecutor.

In 2004
There were 146 CAST Interviews
There were 50 cases received by the DAs office
There were 23 cases FILED by the DAs office

In 2005
There were 155 CAST Interviews
There were 35 cases received by the DAs office
There were 17 cases FILED by the DAs office

In the first four months of 2006
There were 40 CAST Interviews (on track for 120 interviews)
There were 4 cases received by the DAs office (on track for 12 cases received)
There was 1 case FILED by the DAs office.

ONE.

ONE child abuse case filed. January to April of that year.

And now - a report of "a 40 decrease in investigations that led to cases between 2006 and 2009."

A 40% decrease.

40%

◼ "A matter of priorities"
RELATED STORIES:
ER - Former deputy DA speaks out
ER - Candidates spar over child abuse team
ER - DA's Office yet to respond to request for child abuse records
ER - CAST established with child victims in mind
ER - CAST needs support Gallegos is not providing
(Note that Eureka Reporter stories are no longer available online, and you should be able to find them at your County Library in hardcopy. A few are saved here):
Former deputy DA speaks out
Candidates spar over child abuse team
DA's Office yet to respond to request for child abuse records

There is no question that the hardworking people at The Humboldt County Domestic Violence Prevention Coordinating Council, the Child Abuse Prevention Coordinating Council of Humboldt County, the Teen Center and the Humboldt County Department of Health and Human Services' Child Welfare Services, Humboldt County Chapter of Bikers Against Child Abuse, and CAST (not mentioned in this story but honored earlier this week by the Board of Supervisors) do good work. But there are serious questions to be asked here.

Very interesting

◼ ...Like those in at least five other Northern California counties, Mendocino County officials or their contractors misinterpreted or did not follow the application guidelines for being reimbursed for costs associated with the prosecution of illegal aliens, according to the U.S. Department of Justice....

And Humboldt...?

Gallegos quoted on SART

◼ Telemedicine helps prosecute sexual assault cases

A little Eureka facility and a group of doctors a couple of hundred miles away are making a big difference in caring for Humboldt County's sexual assault victims and locking away their assailants.

A telemedicine facility set up at St. Joseph Hospital has been operating for about six years now, letting nationally recognized experts from the University of California at Davis sit in on local sexual assault exams. A study released in the medical journal “Pediatrics” last month found that telemedicine facilities, like Eureka's, greatly improve the quality of sexual assault examinations....

District Attorney Paul Gallegos said the use of telemedicine locally has been a great asset to his office, as it provides the examinations with immediate peer review and makes their findings carry much more weight in court.

”Peer review augments any potential challenges to the SART conclusions so they are less subject to attack,” Gallegos said. “When it's done, it improves the SART exam, which means it improves the case ... it means it has increased reliability for us, for the court and for those members of the community that serve on the jury.”...

Gallegos said the results simply speak for themselves.
”About every time we've used (evidence from telemedicine examinations) we've got a conviction,” he said....

Times-Standard staff writers John Driscoll, Sean Garmire, Thadeus Greenson, Jessie Faulkner, Erin Tracy and Sharon Letts contributed to this report. (Really? All of you guys?)

◼ interesting comments on this article ... same ones I would ask - do you think he really knows anything about what goes on at SART? had anything to do with any of this? (It's been there for 6 years, which goes back to when someone really did care about it), and WHAT CASES? Give examples. Just when I'm about to give up in exasperation, it's good to see that people do get it.

(article saved: here

Today's Tomorrow's Consent Calendar

Item D-7 and D-8
District Attorney
7. Amendment of Lease at 712 Fourth Street for the Victim Witness Office (State Grant Funds).
RECOMMENDATION: That the Board of Supervisors approve and authorize the chairperson to execute the Second Amendment to Lease for property at 712 Fourth Street; Direct the Clerk of the Board to return one executed amendment to Real Property for transmittal to Lessor.

8. Grant Application for Vertical Prosecution Block Program - FY 2008-09, State of California, Office of Emergency Services, in the amount of $146,981 (State OES Funds - VPBP)
RECOMMENDATION: That the Board of Supervisors 1) allow the District Attorney to submit application; and 2) authorize the Chair to execute continuation application for Vertical Prosecution funding, Grant Award Face Sheet (OES A301) and Certificate of Assurance of Compliance. (No impact to the General Fund).
***

At least he is applying for it. But, does he really have a "Vertical Child Abuse Prosecutor?" And if so, who is it? He claims Maggie Fleming has been the designee since 1994.

So-o-o-o, what happened to Jeffrey "You'Go'Free.com: Schwartz? The One who got a BIG FAT RAISEbecause he had assumed that position?

Sources say - There was no 'Vertical Prosecutor" until October of 1996. there were people assigned to the unit, it was shared by Felony Prosecutors like Rob Wade, Allison Jackson and Maggie Flemming back then, but everyone in the office shared in the duties.
Between October of 96 and February 97 Jeannie Tunnison-Campbell became the Vertical Prosecutor.
Then it was Allison Jackson and Peter Martin.
Then Peter Martin left and it was Allison Jackson and Andrew Isaac.
Then Gallegos fired Allison Jackson and it was Andrew Isaac, alone.
Then Gallegos threw Maggie Flemming into that position.
Then he handed it over to "Yougofree.com" - who as far as anyone can tell never took a case to trial.
Now apparently, he has put newcomer Kelly Neel into that position, within a year of when she was hired.

What is a "Vertical Prosecutor" you ask? It is simply, one prosecutor assigned to see the case all the way through, from start to finish, so it isn't handed off from one person to another, so they don't have to start from scratch and wing it through a prosecution. It is supposed to provide for a higher grade of prosecution, it gives the victims one person to have to deal with, to learn to trust, and to count on to know the ins and outs of the case.

It is important enough that grants are provided to ensure that that person has adequate time to prepare and concentrate on that case, it is supposed to eliminate or lighten the other cases they are assigned to. That means they are NOT assigned to other cases such as Asset Forfeiture, Murders, Drug cases, or 'buckets' the random assignments necessitated by low staffing.

The DA's Office gets grants to provide for Vertical Domestic Violence Prosecutors and Vertical Child Abuse Prosecutors. When Gallegos signs his name to these grant applications he is saying that he has a qualified dedicated person assigned to these positions. And the CAST stats and records of cases taken to trail should match up.

Read the Grant App - And look at those numbers! WOW! They don't add up, however. Not to the numbers that have already been released, (things like the number of referrals, interviews and cases filed - without the CAST stats it is impossible to gauge the accuracy of this application) - and not to the numbers Gallegos himself has stated on the record (things like the number of cases each prosecutor is carrying as a load, is assigned to each year.) For example he says here that the average caseload for a non-vertical prosecutor in 2007 was 85 per felony attorney.... Yet Gallegos has told the media that the prosecutors handle some 550 cases a year. And that was BEFORE he "lost" a bunch more prosecutors.

What is the penalty to the County if Gallegos isn't giving accurate information on his grant apps, especially with regards to the names and actuality of the Vertical Prosecutors, of a Vertical Prosecution Program, both in this and the Domestic Violence Program grants? Does the County have to pay back the funds?

And does anyone care?

PUBLIC RECORDS ACT REQUEST re: CAST

CAST Open House

ER Working for justice

CAST, the Child Abuse Services Team, of Eureka held its open house Friday afternoon to allow community members and city officials to tour the facility and meet with the various employees that form the organization that is CAST.

Several county and state agencies participate in the investigations that the members of CAST facilitate including employees from the County of Humboldt Department of Health and Human Services, the Rape Crisis and Sexual Assault Response Teams, and the District Attorney’s office.

TS Team's mission: Ease young victims' trauma

Since its inception locally in 1996, CAST has interviewed 1,967 children -- an average of 16 a month. A total of 487 convictions for physical or sexual abuse of children have resulted.

Another admission, another mistake

District Attorney Paul Gallegos said some of the children’s testimony regarding the charges of oral copulation were contradictory, and that he thinks the transcripts from the victims’ interviews may be inaccurate.

“The fault is on my shoulders,” he said, adding that the DA’s office recently switched to a different interview transcribing company that charged a less-expensive rate.

And though the oral copulation charges were reduced to charges of lewd and lascivious acts, the sentencing range for both are the same — three, six or eight years in prison.

“It really has no impact on what his prison sentence is likely to be,” Gallegos said. Read the rest: ER Molestation charges reduced

TS Alleged child molestation case takes hit

Humboldt County Superior Court Judge Marilyn Miles held up charges of lewd behavior with a minor against accused child molester Andrew Belant Wednesday, but told the district attorney that the evidence didn't support felony charges of sexual assault on the dates outlined in the complaint.
Read the rest: TS Alleged child molestation case takes hit

Last month it was the admission that an alleged rape victim's confidential information had been released to the media and the public.

Verdict reached in Davis’ child molestation case

Verdict reached in Davis’ child molestation case
ER After a week of deliberation, the 12-person jury found assistant Boy Scouts leader Matthew Christopher Davis guilty on three-of-the 10 charges he faced... “I’m just glad it ended with a result that resembles justice,” (prosecutor Arnie) Klein said...

He faces an approximate maximum sentence of 10 years and eight months in state prison and will have to register as a sex offender with law enforcement agencies wherever he resides, Deputy District Attorney Arnie Klein said.

An unrelated charge will be brought before Judge Bruce Watson on April 2. Davis is accused of stealing a computer from a business he worked for. The computer was seized when Davis was arrested. A date for Davis’ sentencing hearing will be scheduled on April 2 as well.

related: Gag order requested in child molestation case 4/13/07
...Davis, 23, of Eureka, has pleaded not guilty to six counts of child molestation with a child under the age of 14, second-degree burglary and possession of stolen property.

...he could face a maximum penalty of 36 years in prison, Humboldt County Deputy District Attorney Jeffrey Schwartz has said...

◼ The Notebook of Alternate Juror No. 4: What it's like to sit in judgment of an alleged child molester - Judy Hodgson/The Journal

Child molestation trial begins - AND ENDS w/update

with a plea bargain.

Child molestation trial begins

from the article" William Joseph Lenard was arrested in September for 19 various felony charges of child molestation....

Lenard’s attorney, Deputy Public Defender Jonathan McCrone, said that based on the evidence, “I don’t think he’s committed any crime at all.”

McCrone said he is unaware of any criminal record for Lenard. If found guilty, Lenard could face incarceration for 52 years, McCrone said.

(“It’s) more serious than a murder case — in terms of punishment,” he said.

The lowest sentence for first-degree murder is 25 years to life.

...When the allegations arrived, McCrone said his client was treated unfairly by law enforcement. Lenard called the District Attorney’s Office, but was never interviewed, McCrone said.

Sources say it was pled down to two counts - with probation.

Another serious - SERIOUS - complete and abject failure of Gallegos' DA's Office.

Molestation trial ends in plea agreement

The child molestation trial that began Tuesday in the Humboldt County Courthouse was over mid-morning on Thursday as both parties entered into a plea agreement.

Judge Marilyn B. Miles dismissed the 12-member jury and thanked them for their civic duty.

The defendant, William Joseph Lenard, 52, was charged with 19 felony counts of child molestation. He pleaded guilty to two felony counts of lewd and lascivious acts with a child under the age of 14.

The agreement came as a surprise to Lenard’s attorney, Deputy Public Defender Jonathan McCrone. “We thought we’d be here for three weeks,” he said.

Deputy District Attorney Kelly Neel spent about an hour coaxing a single answer out of the victim. “What happened to you in July 2006 in Lenard’s trailer?” she asked the victim repeatedly.

The victim couldn’t bring herself to answer. “This little girl very much wanted to testify, but the overwhelming nature of her testimony was too much for her,” Neel said.

Do you understand why the Child Abuse Services Team was formed? Do you understand why serious cases like these are only given to seasoned prosecutors, with TRAINING to handle child abuse cases - training to INTERVIEW a child properly and with compassion? Gallegos fired the office's child abuse specialist, he has dismantled the CAST team, he removed the only other qualified DDA he had assigned to CAST, put Schwartz in charge of child abuse, then - gave this case to an inexperienced DDA. He has done nothing to get training for the new hires to try to bridge the gap in experience, and he threw Ms. Neel to the wolves, and threw the kid to the wolves.

Appalling

Regarding the Child Abuse Services Team (CAST) statistics, Paul Gallegos asks in the email below '...why do we keep the stats we keep?..."

On the one hand, this is a clear example of why the Grand Jury (2004-2005) reported that it" is the unfortunate truth that the D.A. exhibits a limited understanding of how things are done in the department"

After five years in office, you'd think he'd know the answer to this question.

On the other hand, those stats are a HUGE embarrassment for him, and you can bet he'd rather they not be kept. Remember the last time the CAST stats were revealed, the data showed an alarming and precipitous decline in the number of CAST cases filed since Paul Gallegos took office. Things didn't get any better after Gallegos removed Maggie Flemming, the competent, qualified Senior DDA he had assigned to CAST and gave those responsibilities to Jeffrey "yougofree.com" Schwartz. Not only appointed Schwartz to head it up but paid him extra for it...

There are alot of questions Gallegos could be asking - about how to repair the CAST program that he has all but dismantled.

I realize the stats are embarrassing, BUT Gallegos should be figuring out how to fix the program, not how to hide the stats.

-----Original Message-----
From: Gallegos, Paul [mailto: PGallegos@co.humboldt.ca.us]
Sent: Friday, January 04, 2008 9:04 AM
To: Lewis, Melinda; Aaron Starcher; Angela Sundberg; BIG LAGOON
RANCHERIA; BLUE LAKE RANCHERIA; Bob Kane; Cassie Burgess (E-mail);
Cavinta, George; Chief TPD Ken Thrailkill; Crandall, Phillip; Damiano,
Bill; Daniel Pratt, Karuk Tribe; Dave Gunderson, Chief BLPD; Dave
Parris, Chief Yurok PD; Donna Johnson; Duncan, Jeannie; Eads, Stacey J;
Ed Guyer, Sgt. HVTPD; Fewell, Deana (June); Gomes, Jean; Graham Hill,
Chief RDPD; Heather Landreneaux; Hislop, Michael; Honsal, William; Howe,
Karla; Jean LaPietra; Jennifer Roberts; Jennifer Rose; Karen Cahill;
Kevin Lawson; Kris Kitna, Chief FoPD; Lewis, Beverly Morgan; Lonnie
Lawson, Chief FePD; Lynne Soderberg; Maryann Hayes Mariani; Moser,
Joyce; Neel, Kelly; Neil Hubbard, Detective EPD; Nord, Ben; Officer
Richardson, FoPD; Philp, Gary; Randy Mendosa; Rasines, Doug; Shoshani,
Michele; Steve Volow; Tom Chapman, Captain APD; Tom Dewey, Chief HSUPD;
Wendy Morris; Wheeler, Donna; William Hostler, Chief HVTPD
Cc: Neel, Kelly; Honsal, William
Subject: RE: CAST meeting agenda items?

I have a question I would like put on the agenda, why do we keep the stats we keep? What is the purpose? What is the goal? Is it something that came from another agency? I am curious what it is we are trying to measure or track.

Paul V. Gallegos
District Attorney

Office of the District Attorney, Humboldt County
825 Fifth Street
Eureka, CA 95501
(707) 445-7411
Fax: (707) 445-7416

The information contained in this email message is intended for the CONFIDENTIAL use of the addressees only. The information is protected under the attorney-client privilege and the work-product privilege. Recipients should not file copies of this email with publicly accessible documents. If you are not an addressee or an authorized agent responsible for delivering this email to a designated addressee, and you have received this email in error, THEN ANY FURTHER REVIEW, DISSEMINATION, DISTRIBUTION, COPYING OR FORWARDING of this email is STRICTLY PROHIBITED. If you receive this email in error, please notify the office of the Humboldt County District Attorney immediately at (707) 445-7411. Thank you in advance for your courtesy and cooperation in this matter.

> -----Original Message-----
> From: Lewis, Melinda
> Sent: Friday, January 04, 2008 8:26 AM
> To: Aaron Starcher; Angela Sundberg; BIG LAGOON RANCHERIA; BLUE LAKE
RANCHERIA; Bob Kane; Cassie Burgess (E-mail); Cavinta, George; Chief TPD
Ken Thrailkill; Crandall, Phillip; Damiano, Bill; Daniel Pratt, Karuk
Tribe; Dave Gunderson, Chief BLPD; Dave Parris, Chief Yurok PD; Donna
Johnson; Duncan, Jeannie; Eads, Stacey J; Ed Guyer, Sgt. HVTPD; Fewell,
Deana (June); Gallegos, Paul; Gomes, Jean; Graham Hill, Chief RDPD;
Heather Landreneaux; Hislop, Michael; Honsal, William; Howe, Karla; Jean
LaPietra; Jennifer Roberts; Jennifer Rose; Karen Cahill; Kevin Lawson;
Kris Kitna, Chief FoPD; Lewis, Beverly Morgan; Lewis, Melinda; Lonnie
Lawson, Chief FePD; Lynne Soderberg; Maryann Hayes Mariani; Moser,
Joyce; Neel, Kelly; Neil Hubbard, Detective EPD; Nord, Ben; Officer
Richardson, FoPD; Philp, Gary; Randy Mendosa; Rasines, Doug; Shoshani,
Michele; Steve Volow; Tom Chapman, Captain APD; Tom Dewey, Chief HSUPD;
Wendy Morris; Wheeler, Donna; William Hostler, Chief HVTPD
> Subject: CAST meeting agenda items?
>
> If anyone has anything they want added to the agenda for next week's meeting, please let me know.
>
> Thank you,
> Melinda Lewis
> CAST Office Coordinator
***

I can answer this one for ya, Paul. The stats are kept so that any granting agency can know whether the terms of their grants are being met. The stats are kept so that we, the public, can know if we are getting our money's worth and, in this case, so that we can know the extent to which you are failing the children of Humboldt County.

Related:
ER - Former deputy DA speaks out
Be sure to look at the statistics chart
ER - Candidates spar over child abuse team
ER - DA's Office yet to respond to request for child abuse records
ER - CAST established with child victims in mind
ER - CAST needs support Gallegos is not providing
A matter of priorities
Paul Gallegos - Paying More for Less re: Schwartz January 2, 2007
PUBLIC RECORDS ACT REQUEST re: CAST May 8, 2007
In addition I have filed Public Records Act Requests for the CAST agendas. minutes and attendance sheets - Gallegos claims such documents are "evidentiary" in nature and therefore refuses to release them.

Goodbye Jeffrey "yougofree.com" Schwartz

Today was Schwartz's last day in the Humboldt County DA's Office. This is a good thing. 'Bout goddam time.

Remember, Under Gallegos the DA's Office has "lost:"
DDA Zach Bird
DDA Jose Mendez
DDA Ed Borg
DDA Worth Dikeman
DDA Frank Dunnick
DDA Eamon Fitzgerald
DDA Heather Gimle
DDA Paul Hagen
DDA Nicole Hansen
DDA Shane Hauschild
DDA Andrew Isaac
DDA Allison Jackson
DDA Harry Kassakian
DDA Elizabeth Norton
DDA Murat Ozgur
Patrick Pekin
DDA Amanda Penny
DDA Gloria Albin-Sheets
Jennifer Strona
DDA Andy Truitt
DDA Nandor Vadas
DDA Rob Wade
Bill Rodstrom
PLUS:
Investigator Chris Andrews
Investigator Chris Cook
Investigator Jim Dawson (retired)
Paul's secretary Gail Dias
Office Manager Linda Modell
Investigator Eric Olson
Investigator Kathy Philp (retired)
Investigator Dave Dave Rybarczyk
Investigator Dave Walker
FROM CAST:
Child Interview Specialist Laura Todd
Senior Legal Secretary Melissa Arnold
Alternate Child Interviewer Jennifer Maguire

And, of course: Schwartz and Stoen.

Question, still, is "Who's left?"

Answer:
Maggie Fleming, Max Cardoza, Wes Keat, Stacey Eads (on leave),
Allan Dollison, Arnie Klein, Jeff Schwartz,
Mary McCarthy, Davina Smith and Randy Mailman (the newest hire)

Two deputies leave DA's Office 3/8/2007
Update: 6/12/2007
County Counsel Kim Kerr - Longtime employee of the county takes job in Ione

8/12/07
Like Stoen leaving, this is good news... "yougofree.com" Jeffrey Scwhartz is leaving the DA's Office, going in to private practice (No surprise since he has had his "practice" listed in the phone book for the better part of a year, while acting as a prosecutor, which should be a big no-no.) 8/31/07, yougofree.com is gone.

1/2008 Davina Smith moves to the County Counsel's Office.

9/25/08 Deputy District Attorney Kelly Neel, who has been handling the (Belant) case, will be leaving the office for another job at the County Counsel Office, Gallegos said.

1/5/10 Kathleen Bryson, hired and reputedly fired by Gallegos, is now running against him... ◼ Local attorney throws hat in the ring for DA

So.

I'll be resubmitting my Public Records Act Request for the Child Abuse Services Team (CAST) information. In my conversation with Chief Investigator Mike Hislop, I was under the impression that he agreed that the agendas, minutes and sign in sheets for CAST meetings were certainly not "evidentiary" in nature, as Gallegos has claimed. And I have waited. But, the documents have not been delivered.

developing...

related:
Round Two
What is there to hide?
Public Records Act Request
Gallegos puts Jeffrey "yougofree.com" Schwartz in charge of CAST
A matter of priorities
ER - Former deputy DA speaks out
ER - Candidates spar over child abuse team
ER - DA's Office yet to respond to request for child abuse records
ER - CAST established with child victims in mind
ER - CAST needs support Gallegos is not providing

Round Two

A little over a year ago, on April 3, 2006, I filed a Public Records Act Request with the DA's office relating to Grants. On April 14th the DA's Office invoked it's right to a 14 day extension. On May 4th, the DA's Office attempted to limit the information releases, citing "pending litigation" as justification. Believing that justification to be incorrect, I filed a second demand, cc'ing the media. The next day, Richard Hendry from County Counsel's Office, notified me that the information I had requested was ready, told me where i could go to pick it up and how much it would cost.

In the course of "watching paul" I have learned quite a bit about Public Records Act Requests. Whenever I have filed a request with a governmental or granting agency, the requests are handled with remarkable professionalism. First, there is an immediate email response letting me know that they have received the request, telling me who would be handling it (with contact information), letting me know when they would have the information, and, in the event that they needed additional time, there would be a timely email letting me know. On a few occasions, there would be follow up phone calls to further clarify what I was looking for.

Fast forward to today, with the Public Records Act Request regarding the CAST statistics from Humboldt County District Attorney Paul Gallegos, I have received NO acknowledgement of receipt of the request. NO information was provided on the date it was due. NO request for additional time. NO notice that the information requested had been sent out.

Thus it was a surprise to receive a packet from Humboldt County Counsel Richard Hendry.

The packet inside states that he is responding on behalf of the District Attorney's Office, and it is dated May 18th, 2007. But, the packet is postmarked May 22nd.

So, it would seem that an apology of sorts would be in order.

BUT. Gallegos has once again refused to release information that is requested.

Among other things, Hendry, writing on behalf of Gallegos, claims that the attendance/sign in sheets for CAST meetings do not have to be released because they are investigatory in nature. That the agendas and minutes of CAST meetings do not have to be released because they are investigatory in nature.

Quote: The District Attorney's Office has determined that, to the extent this request seeks the disclosure of records of investigatory files, those records are completely exempt from disclosure under Government code Section 6254(f), which includes District Attorney case files [Rivero v Superior Court (1997) 54 CalApp.4th 1048], and continues to apply even if the investigation is closed [Williams v Superior Court (1993) 5 Cal.App.4th 337]. The exemption for the records of law enforcement agencies contained in Government Code section 6254(f) has been broadly interpreted [Los Angleles Police Dept. v. Superior Court (1977) 65 Cal. App.3d 661; Northern Cal. Police Practices Project v. Craig (1979) 90 Cal.App.3d 116].

The District Attorney's Office has also determined that this request seeks records that are exempt from disclosure under Government Code section 6254(k), in that it pertains to records the disclosure of which is exempted or prohibited pursuant to state law, including provisions of the Evidence Code relating to privilege. This request seeks records pertaining to the identification, investigation, prevention and treatment of child abuse, and are thus records concerning juveniles protected from disclosure pursuant to Welfare and Institutions Code section 827 [see, In re Keisha T (1995) 38 Cal. App.4th 220] This is so even when a juvenile dependency petition had not been filed; if a child has either suffered or would likely suffer serious neglect or abuse, the disclosure of records is within the sole jurisdiction of the juvenile court, and not available for disclosure absent an Order of the juvenile court [In re Elijah S. (2005) 125 Cal. App.4th 1532] Accordingly, there are no records to disclose in response to this request.

You know - this is pretty silly. I'm not asking for case files. There was no request for any information relating to any juveniles.

That part of the request, pure and simple, was to see whether or not either Gallegos or Schwartz attend CAST meetings. and what have been the problems and concerns that the Advisory Board may have with the way that this multidisciplinary program is being administered by the DA's Office.

CAST - the Child Abuse Services Team - is a multi-disciplinary team comprised of various agencies like the law enforcement agencies (APD, EPD, FPD, etc), Child Welfare Services, The Rape Crisis Team, Mental Health, Probation Department, and individual Tribes, which originally came together in order to identify and help kids who may have been subject to sexual or physical abuse and neglect. The agencies are independent from each other, but share information and a common ground of trying to bring everyone to the table. Those agendas and minutes and attendance sheets are public information.

Again, I ask, what is there to hide?

Note: I have received requests from some reporters for copies of this packet and I am happy to comply.

I want to add that other participating agencies not only receive copies of the agendas and minutes, but they file and keep them. So to think that by refusing to disclose them they will never see the light of day is, really, bordering on insane.

End of Day 6 (actually 16) - but word is spreading

Friday, Saturday, Sunday, Monday, Tuesday, Wednesday - Still no word from Gallegos. At this point it's fair to say he is refusing to comply with the law, refusing to provide Public Information under the Public Records Act. He has failed to follow the law.

But word is spreading:

Google Alert for: Paul Gallegos:
Follow up on failure to comply with Public Records Act Request By Rose(Rose)
To: Paul Gallegos Humboldt County District Attorney's Office 825 Fifth St. Eureka, CA 95501 districtattorney@co.humboldt.ca.us My Public Records Act Request was dated May 8, 2007. By law, you had 10 calendar days in which to provide the ...
watchpaul - http://watchpaul.blogspot.com/

Paying more for CAST

Remember Gallegos asked the Board to "Approve an advanced Step Placement for Deputy District Attorney IV, Jeffrey Schwartz, from Step A to Step E." BECAUSE "Mr. Schwartz has been handling felony and misdemeanor cases for the past 8 months and now is assigned to the Child Abuse Services Team. This entails working with high intensity cases, participating in child abuse interviews and contributing as a member of the Child Abuse Services Team."

Still waiting on that Public Records Act Request. At this point, Gallegos is breaking the law. C'mon, you don't have to rewrite the reports. Just print them. You know, or copy them. Make it so.

What is there to hide?

.
How bad can those stats be? Can they possibly be worse than last year? When Paul Gallegos has had a YEAR to fix the problem?

5:11 PM on Tuesday, May 22nd. Still no response from Gallegos, who by law was required to comply with the Public Records Act request by last Friday, or ask for a 14 day extension if he could justify the delay.