KNOWING Warren's history, Paul Gallegos let him out on a Cruz waiver.

He'd stabbed a cab driver. ran down a bicyclist. Even if you can argue Cruz waivers are reasonable, it certainly is NOT in this case.

So he let him out. To 'get his affairs in order' - and he kills - stabs and runs down more people, killing two.

WHY?

Nov 19, 2015

◼ People rest in Warren case, last witness is neurosurgeon testifying about victims' brain injuries - John Chiv/Words Worth Nov 19, 2015
◼ t/k - Ryan Burns/Lost Coast Outpost Nov 19, 2015

Nov 18, 2015

◼ CHP MAIT Team leader testifies that based on his investigation Jason Warren did not even attempt to brake or avoid hitting joggers on Myrtle Avenue - John Chiv/Words Worth Nov 18, 2015
◼ "Yeah, he stabbed me in the chest and arm and I tried to get out" - John Chiv/Words Worth Nov 18, 2015

Cid Miller is the City Cab driver who Jason Warren stabbed in 2001. Warren was a juvenile at the time and he was convicted for the crime.

Miller testified this morning that Warren stabbed twice in the chest, twice in the back, once in the shoulder before he managed to jump out of the moving cab.

There was no warning, no argument, just a surprise attack.

◼ Eddie Koch who absconded from testifying in Warren trial, arrested, cuffed and beligerently resumes testimony - John Chiv/Words Worth Nov 18, 2015
◼ Warren Trial, Day Nine: Murders Foreshadowed by Similar Crimes a Decade Earlier - Ryan Burns/Lost Coast Outpost Nov 18, 2015

On April 10, 2001, following the brutal stabbing, the assailant stole the cab and took a back road toward Arcata....

On April 10, 2001, another witness testified, he and a friend were riding their bikes on the shoulder of the road when they were struck from behind by the stolen cab, which swerved into the bike lane, sped up just before impact and then fled the scene....

Nov 17, 2015

◼ Jason Warren's wife says it is traumatic to hear attack on Ulrich, ids Warren but not definitively this time - John Chiv/Words Worth Nov 17, 2015
◼ DOJ DNA specialist testfies that blood on Jason Warren's shoe and DNA from KIA matches victims - John Chiv/Words Worth Nov 17, 2015
◼ Jason Warren trial expected to finish early, deliberations expected to end by end of November, beginning of December - John Chiv/Words Worth Nov 17, 2015
◼ Jason Warren trial "significantly ahead of schedule" - John Chiv/Words Worth Nov 17, 2015
◼ link - Paul Mann/Mad River Union Nov 17, 2015
◼ Warren Trial, Day Eight: The DNA Matches, But Warren’s Wife Stops Short of Positive ID - Ryan Burns/Lost Coast Outpost Nov 17, 2015

Nov 16, 2015

◼ Evidence continues to build against Jason Warren with Department of Justice's senior criminalist's testimony - John Chiv/Words Worth Nov 16, 2015
◼ Forensic pathologist testifies that Dorothy Ulrich tried to protect herself from the attack that took her life, family members left courtroom as detailed testimony was given on Seemann and Ulrich autopsies - John Chiv/Words Worth Nov 16, 2015

◼ Warren Trial, Day Seven: The Autopsies - Ryan Burns/Lost Coast Outpost Nov 16, 2015

◼ EARLIER

It seems the DA's Office has not learned its lesson re: Cruz waivers

Maybe they should all be let go.

Cruz Waiver No Show

◼ Rhett August out on cruz waiver not in court for sentencing today, defense requested continuance - John Chiv/Words Worth

Next court date is May 21 at 2 p.m.

Another Cruz Waiver?

◼ Rhett August, Tree's alleged victim, released on cruz waiver on his own court case - John Chiv/Words Worth

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. August changed his plea today to guilty. His case has been referred to probation for a pre-sentencing report.

August was released to his mother on a cruz waiver and is expected to enter a dual diagnosis treatment progtam. His defense attorney is Ben McLaughlin and prosecuting for the people is Elan Firpo.

◼ Paul Gallegos answers my questions on Cruz waivers - John Chiv/Words Worth

I (John) asked Paul the following question: A post I did generated some interest in what the current policy is on Cruz waivers? When did it change because in Nov 2012, the office was opposing Cruz waivers? And who makes the decision to oppose or not to oppose? You or the Deputy DA prosecuting the case.

Despite the courthouse being closed today, Paul responded very promptly.

(Read) his response in its entirety (at the link)
__________________
A Cruz waiver is a plea agreement., in which a defendant agrees that should she or he fail to appear at sentencing, a greater term can be imposed by the sentencing court. Defendant must be fully advised of, and waive, right to withdraw plea under Penal Code section 1192.7.

This is solely a DA thing.

__________________
◼ FLASHBACK: Another plea deal, more death
◼ FLASHBACK: District attorney's office opposing Cruz waivers following hit-and-run, homicide case; Experts: Move could harm ability to get pleas

District Attorney Paul Gallegos has asked his prosecutors to oppose all Cruz waivers after a man released on one in August became a person of interest in an Old Arcata Road hit-and-run and a Hoopa homicide in September.

Legal experts said the move could harm the office's ability to secure plea deals and limit the option for people in custody who have legitimate reasons to request one.

A Cruz waiver is part of a plea deal, usually requested by a defendant in custody or a defense attorney, that releases the defendant prior to sentencing. A prosecutor can oppose the waiver, but the decision to release a defendant is ultimately up to a judge....

Gallegos said the policy is temporary while his office prepares a permanent stance on the waivers.

”All I told my staff is we will oppose all releases until we have had a chance to assess and develop a policy,” Gallegos wrote in an email.

Following the incident, Gallegos said he didn't question Deputy District Attorney Zachary Curtis' decision not to oppose Warren's Cruz waiver.

”It was the right decision for that time,” Gallegos told the Times-Standard last month. “With the benefit of hindsight, I wish to God we had opposed it, and I wish the judge hadn't released him.”

...Golden Gate University law professor Peter Keane said the blanket policy is fairly typical when negative attention comes to a prosecutor's office.

”I think it's not a surprising political response on the prosecutor's office where they feel they got burned by having released him,” Keane said.

He said “hard and fast” rules typically make way for more flexibility over time.

”No absolute policy lasts very long,” Keane said.
__________________
APPARENTLY NOT.

Wonder if he ever did 'assess and develop a policy.'

Now - this time - the guy being let out is a victim. But this is no innocent victim. Most likely nothing bad will come of this, this time. just like it wasn't very likely that anything bad would come of letting Warren go. Just another routine plea deal. Right.

Humboldt County public defender to represent man accused of killing jogger, Hoopa woman; Warren could face the death penalty

3/4/2015 UPDATE - The case goes to trial. New DA Maggie Fleming prosecutes Jason Warren homicide. ◼ I made it to the courtroom just as the next court date of March 18 was being called and to see that DA Maggie Fleming was prosecuting the case. - John Chiv/Words Worth

◼ Humboldt County public defender to represent man accused of killing jogger, Hoopa woman; Warren could face the death penalty - Kaci Poor/The Times-Standard

A Humboldt County public defender was assigned Wednesday to represent Jason Anthony Warren, who is accused of purposely running down three joggers on Old Arcata Road -- killing a Humboldt State University instructor and severely injuring two others -- and the death of a Hoopa woman.

During Wednesday's counsel setting conference, Superior Court Judge Dale Reinholtsen assigned public defender Kevin Robinson to the case.

At his March 28 arraignment, Warren pleaded not guilty to two counts of murder and two counts of attempted murder. He also denied special circumstance allegations of multiple murders, lying in wait and torture. The special circumstance allegations elevate the maximum sentence Warren faces, if convicted, from life in prison to life without the possibility of parole and the death penalty.

District Attorney Paul Gallegos -- who will be prosecuting the case -- has not said whether he will seek the death penalty.

Following the March 28 arraignment, Reinholtsen granted a gag order requested on Warren's behalf.

◼ Letter regarding Gag Order/Protective Order, from Public Defender's Office - Arcata Eye
◼ Warren pleads not guilty to deaths of Humboldt State University instructor, Hoopa woman; judge grants gag order prohibiting attorneys, law enforcement from discussing case - Kaci Poor/The Times-Standard
◼ The man accused of killing a Hoopa woman and then later purposely running down three joggers on Old Arcata Road -- killing a Humboldt State University instructor and severely injuring two others -- has been charged with two counts of murder - Grant Scott-Goforth and Kaci Poor/The Times-Standard
◼ In the face of death: Special allegations change how a defendant should be represented - Kaci Poor/The Times-Standard
◼ CHP to DA: Jogger’s Death Was Murder - Heidi Walters/The Journal
◼ CHP requesting murder, attempted murder, animal cruelty charges in hit-and-run deaths - From the CHP via Times Standard
◼ CHP Recommends Murder Charge In Seeman Death - Arcata Eye
◼ District attorney's office opposing Cruz waivers following hit-and-run, homicide case; Experts: Move could harm ability to get pleas - Grant Scott-Goforth/The Times-Standard
◼ Who is Jason Anthony Warren? - Two Rivers Tribune
◼ Hit-and-Run/Hoopa Homicide “Person of Interest” in Custody - Andrew Goff/The Journal
◼ Murder, hit and run 'person of interest' Jason Warren is in custody on warrant - Times-Standard
◼ Suspect Identified In Hit-And-Run & Hoopa Crimes - Humboldt Sentinel
◼ Woman Found Dead In Hoopa - Andrew Goff/The Journal 9/27
◼ Car plows into 3 joggers, kills Bayside woman - Carrie Peyton Dahlberg.The Journal
◼ A morning jog turns tragic; one woman killed, two others hospitalized in hit and run - Kaci Poor/The Times-Standard 09/28/2012
◼ Seemann, Hunt and Vroman-Little: Three women shared a love for running - The Times-Standard 09/29/2012
◼ CHP: Person of interest ID'd in hit-and-run death; memorial service for Suzanne Seemann set for Saturday - Grant Scott-Goforth/The Times-Standard 10/02/2012
◼ Three Joggers Down/Coroner Called/Accident in North Eureka - Kym Kemp/Lost Coast Outpost
◼ CHP Investigation Turns Up Dead Body in Hoopa. Connection to This Morning’s Fatal Bayside Hit-and-Run? - Hank Sims/Lost Coast Outpost
Three Joggers Down/Coroner Called/Accident in North Eureka
◼ Arrest Made in Hoopa Suspicious Death — No Word on Connection to Yesterday’s Bayside Tragedy - Hank Sims/Lost Coast Outpost
◼ Sheriff Dept. Releases Name of Suspicious Death in Hoopa—Calls It Homicide - Kym Kemp/Lost Coast Outpost 9/28
◼ Businesses To Support Bayside Hit & Run Victims and Families - Mike Dronkers/Lost Coast Outpost
◼ Sheriff’s Office Names ‘Person of Interest’ in Hoopa/Bayside Cases - Hank Sims/Lost Coast Outpost
◼ Person Of Interest In Custody For Jogger Collision - Arcata Eye 10/12/12
◼ Person of Interest Named in Hoopa Homicide and Fatal Hit and Run - Two Rivers Tribune

Murder Suspect Warren Off Limits

◼ Letter regarding Gag Order/Protective Order, from Public Defender's Office - Arcata Eye

Warren pleads not guilty to deaths of Humboldt State University instructor, Hoopa woman; judge grants gag order prohibiting attorneys, law enforcement from discussing case

◼ Warren pleads not guilty to deaths of Humboldt State University instructor, Hoopa woman; judge grants gag order prohibiting attorneys, law enforcement from discussing case - Kaci Poor/The Times-Standard

The man accused of purposely running down three joggers on Old Arcata Road -- killing a Humboldt State University instructor and severely injuring two others -- and the death of a Hoopa woman, pleaded not guilty Thursday to two counts of murder and two counts of attempted murder. He also denied special circumstance allegations of multiple murders, lying in wait and torture.

(Jason Anthony) Warren, clad in an orange jail jumpsuit with his hands shackled in front of him, appeared to listen without emotion as Superior Court Judge Dale Reinholtsen read the charges against him. He spent most of the short hearing staring straight ahead or looking down, except when answering the judge's questions.

The special circumstance allegations elevate the maximum sentence Warren faces, if convicted, from life in prison to life without the possibility of parole and the death penalty.

District Attorney Paul Gallegos -- who will be prosecuting the case against Warren -- was not at Thursday's arraignment. He said last week that he has not decided whether he will seek the death penalty.
___________
Not at the arraignment? On the most important case he has on his plate? A potential death-penalty case?

It will be interesting to see if he does push for the death penalty - the weasel words are already showing up in his statements. He does love gag orders.

Warren charged with murder; deaths of HSU instructor, Hoopa woman, may bring death penalty

◼ The man accused of killing a Hoopa woman and then later purposely running down three joggers on Old Arcata Road -- killing a Humboldt State University instructor and severely injuring two others -- has been charged with two counts of murder - Grant Scott-Goforth and Kaci Poor/The Times-Standard

The District Attorney's Office complaint filed against Jason Anthony Warren, 28, includes special circumstance allegations of multiple murders, lying in wait and torture. Warren faces an additional two counts of willful, deliberate premeditated attempted murder.

The special circumstance allegations elevate the maximum sentence Warren faces -- if convicted -- from life in prison to life without the possibility of parole and the death penalty.

District Attorney Paul Gallegos -- who will be prosecuting the case -- said he has not decided whether to seek the death penalty.

”That's a decision that will be made at a later time,” he said. “Certainly, we've spoken with family members and we will continue to have dialogue with them. Penalty is a matter that will be looked at more thoroughly as we progress.”

...Gallegos said the decision on whether to seek the death penalty requires more discussion and reflection.

”The taking of a human life is a profound act -- whether it's deliberative or compulsive,” he said. “I have been raised a Christian -- I take that belief.”

Gallegos said several factors need to be weighed: the desires of the families, the likelihood of a jury reaching a death verdict, and the facts associated with the defendant's life and “whether justice will only be met with another death.”

While his office has time to consider the penalty, Gallegos said he will be open about the decision when it's made.

”If it's something we're gonna seek, I prefer to let the defendant know and move forward at that time,” he said. “The decision should not and will not be gone into impetuously. It will be reasoned. In this business, we say the struggle is to remain compassionate without becoming sentimental. I guess that encapsulates it. We have to be realistic, compassionate to both parties.”

◼ In the face of death: Special allegations change how a defendant should be represented - Kaci Poor/The Times-Standard

Too little, too late

◼ District attorney's office opposing Cruz waivers following hit-and-run, homicide case; Experts: Move could harm ability to get pleas - Grant Scott-Goforth/The Times-Standard

District Attorney Paul Gallegos has asked his prosecutors to oppose all Cruz waivers after a man released on one in August became a person of interest in an Old Arcata Road hit-and-run and a Hoopa homicide in September.

Legal experts said the move could harm the office's ability to secure plea deals and limit the option for people in custody who have legitimate reasons to request one.

A Cruz waiver is part of a plea deal, usually requested by a defendant in custody or a defense attorney, that releases the defendant prior to sentencing. A prosecutor can oppose the waiver, but the decision to release a defendant is ultimately up to a judge.

Jason Anthony Warren, 28, was arrested on a warrant related to his failure to appear for sentencing hours after the Sept. 27 hit-and-run that killed Humboldt State University geography instructor Suzanne Seemann -- the mother of two young children and wife of Humboldt County official Hank Seemann. She died at the scene. Her running partners, Eureka residents Jessica Hunt, 41, and Terri Vroman-Little, 50, were severely injured.

An investigation into the hit-and-run led to the discovery of 47-year-old Dorothy Ulrich's body in her Hoopa home.

Humboldt County Superior Court Judge Timothy Cissna released Warren from custody in late August on a Cruz waiver, part of a plea agreement that had him facing six years in prison with the stipulation that an assault change would be dropped if he showed up for his Sept. 7...

”It was the right decision for that time,” Gallegos told the Times-Standard last month. “With the benefit of hindsight, I wish to God we had opposed it, and I wish the judge hadn't released him.”

Worth noting

"...Warren failed to show up for a Sept. 7 court date after entering into a plea deal to serve six years in prison for assault with a deadly weapon after he was arrested in April for robbery.

He was released on a Cruz waiver, which is part of a plea agreement that has a defendant agree to have a greater sentence imposed for failing to appear at sentencing. Warren faced nine years for failing to appear.

”He was released prior to sentencing on the Cruz waiver, pursuant to the plea agreement,” said Deputy District Attorney Zachary Curtis in an email. “It is fairly common to release a defendant with something over his head to try to encourage good behavior, usually with probation cases...”

Zachary Curtis's lamentable remark is cause to point out that Deputy DA's are not supposed to be talking to the Press. For just that reason.

The DA is the office's liaison with the Press, or should be. Gallegos farms it out all the time. Even used to hand it over to his campaign operative, Richard Salzman

The notion that you take some guy who is going away for 6 years for the crime he committed - leaving aside that it's another plea deal - you let him OUT to clean up his business - and then voila! What do you do when he does just that? What? You thought he was gonna just close his bank account and make sure his mail was held?

This is another one that rests on Gallegos's head.

Remember it come next election.

Because this isn't the first and won't be the last.

Another plea deal, more death

◼ Hit-and-Run/Hoopa Homicide “Person of Interest” in Custody - Andrew Goff/The Journal

Jason Anthony Warren was arrested late afternoon on the day of the accident on earlier assault charges and is being held without the possibility of bail. Downey said no other suspects are currently being sought in the case.

◼ Murder, hit and run 'person of interest' Jason Warren is in custody on warrant - Times-Standard

Warren failed to show up for a Sept. 7 court date after entering into a plea deal to serve six years in prison for assault with a deadly weapon after he was arrested in April for robbery.

He was released on a Cruz waiver under the condition that he obeyed all laws, returned to court for sentencing and stayed away from the complaining witness in the assault.

”He was released prior to sentencing on the Cruz waiver, pursuant to the plea agreement,” said Deputy District Attorney Zachary Curtis in an email. “It is fairly common to release a defendant with something over his head to try to encourage good behavior, usually with probation cases.”

Warren had a previous felony that counted as a strike on his record. He also has a juvenile criminal record.

◼ Suspect Identified In Hit-And-Run & Hoopa Crimes - Humboldt Sentinel

After nearly a week of speculation as to a pair of investigations into the untimely deaths of local residents, Sheriff Mike Downey called a press conference this afternoon to clear the air and identify a “person of interest” in the cases.

“I know there’s been a lot of speculation…you got to understand why we’ve been holding back information,” he said.

Downey proceeded to explain that on the same afternoon as the fatal hit-and-run slaying of 40-year-old Bayside resident Suzanne Seemann on Old Arcata Road in Freshwater and the discovery of the body of 47-year-old Dorothy Ulrich of Hoopa in a residence there, law enforcement had taken 28-year-old Jason Anthony Warren into custody.

Warren was inside a home in Eureka at the time of his arrest; the Kia used in the hit-and-run which killed Seemann and injured 50-year-old Terri Vroman-Little and 41-year-old Jessica Hunt was found in Eureka earlier in the day.
_______________
◼ Woman Found Dead In Hoopa - Andrew Goff/The Journal 9/27
◼ Car plows into 3 joggers, kills Bayside woman - Carrie Peyton Dahlberg.The Journal
_______________
◼ A morning jog turns tragic; one woman killed, two others hospitalized in hit and run - Kaci Poor/The Times-Standard 09/28/2012

A 40-year-old mother was killed, and two other women suffered major injuries in a hit and run collision while jogging along Myrtle Avenue shortly before 6 a.m. Thursday.

Eureka residents Jessica Hunt, 41, and Terri Vroman-Little, 50, suffered major injuries and were taken to St. Joseph Hospital. Hospital spokeswoman Leslie Broomall said both women were in stable condition Thursday afternoon.

The Humboldt County Coroner's Office has not released the name of the Bayside resident and mother of two young children who died at the scene....

◼ More questions than answers in hit-and-run crash; Source: Person of interest in Hoopa homicide in custody - Grant Scott-Goforth/The Times-Standard 09/29/2012

Officials of the multiple agencies involved in the investigation are releasing few details on the search for the driver of the 2005 Kia Spectra who hit the women. They are also declining to comment on whether the hit-and-run is related to the homicide of Dorothy Ulrich, whose body was discovered in a Hoopa residence Thursday morning.

A source close to the investigations said that a person of interest in the Hoopa homicide is in custody, but it's too early to release the individual's name or further details due to the complexity of the case and to the multiple agencies involved....

◼ Seemann, Hunt and Vroman-Little: Three women shared a love for running - The Times-Standard 09/29/2012
◼ CHP: Person of interest ID'd in hit-and-run death; memorial service for Suzanne Seemann set for Saturday - Grant Scott-Goforth/The Times-Standard 10/02/2012
_______________
◼ Three Joggers Down/Coroner Called/Accident in North Eureka - Kym Kemp/Lost Coast Outpost
◼ CHP Investigation Turns Up Dead Body in Hoopa. Connection to This Morning’s Fatal Bayside Hit-and-Run? - Hank Sims/Lost Coast Outpost
Three Joggers Down/Coroner Called/Accident in North Eureka
◼ Arrest Made in Hoopa Suspicious Death — No Word on Connection to Yesterday’s Bayside Tragedy - Hank Sims/Lost Coast Outpost
◼ Sheriff Dept. Releases Name of Suspicious Death in Hoopa—Calls It Homicide - Kym Kemp/Lost Coast Outpost 9/28
◼ Businesses To Support Bayside Hit & Run Victims and Families - Mike Dronkers/Lost Coast Outpost
◼ Sheriff’s Office Names ‘Person of Interest’ in Hoopa/Bayside Cases - Hank Sims/Lost Coast Outpost

_______________◼ Person Of Interest In Custody For Jogger Collision - Arcata Eye 10/12/12

Sheriff Mike Downey said the HCSO is leading the investigation and that the CHP, DA’s Office and Eureka Police Dept. are collaborating. Downey said he expects to file charges by the end of the week.

In a hastily called press conference this afternoon, Downey said that he was disclosing preliminary information in order to tamp down rumors and speculation on various online fora, much of it wildly inaccurate.

“Our sole purpose in holding back information, and coming forward, was to solidify our case and making a strong nexus between the two cases,” Downey said today. “We wanted to ensure that we could bring a strong case before the District Attorney’s Office.”

He made clear that no suspect is in custody, but that Warren is being investigated in connection with the Myrtle Avenue incident as well as the homicide of Dorothy Ulrich in Hoopa that same day. Downey said he knew of no personal relationship between Warren and Ulrich.

_______________
◼ Person of Interest Named in Hoopa Homicide and Fatal Hit and Run - Two Rivers Tribune
◼ Woman Found Dead in Hoopa Home - Two Rivers Tribune
_______________
ABSOLUTELY PREDICTABLE. How many more?

UPDATES:
◼ Humboldt County public defender to represent man accused of killing jogger, Hoopa woman; Warren could face the death penalty - Kaci Poor/The Times-Standard
◼ Letter regarding Gag Order/Protective Order, from Public Defender's Office - Arcata Eye
◼ Warren pleads not guilty to deaths of Humboldt State University instructor, Hoopa woman; judge grants gag order prohibiting attorneys, law enforcement from discussing case - Kaci Poor/The Times-Standard
◼ The man accused of killing a Hoopa woman and then later purposely running down three joggers on Old Arcata Road -- killing a Humboldt State University instructor and severely injuring two others -- has been charged with two counts of murder - Grant Scott-Goforth and Kaci Poor/The Times-Standard
◼ In the face of death: Special allegations change how a defendant should be represented - Kaci Poor/The Times-Standard
◼ CHP to DA: Jogger’s Death Was Murder - Heidi Walters/The Journal
◼ CHP requesting murder, attempted murder, animal cruelty charges in hit-and-run deaths - From the CHP via Times Standard
◼ CHP Recommends Murder Charge In Seeman Death - Arcata Eye
◼ District attorney's office opposing Cruz waivers following hit-and-run, homicide case; Experts: Move could harm ability to get pleas - Grant Scott-Goforth/The Times-Standard
◼ Who is Jason Anthony Warren? - Two Rivers Tribune