Showing posts with label DDAs. Show all posts
Showing posts with label DDAs. Show all posts

Tuesday, January 10, 2012

Humboldt County Deputy DA Arnold Klein retires after 40 years in law

Humboldt County Deputy DA Arnold Klein retires after 40 years in law - Times Standard

After more than 40 years practicing law, Humboldt County Deputy District Attorney Arnold Klein has hung up his briefcase and his sport coat.

...While Klein only worked on the North Coast for five years, he developed a reputation for his quick wit, dynamic courtroom presence and for winning cases.

”In my opinion, he's the best trial attorney in Humboldt County, hands down,” said Jeffrey Schwartz, who worked alongside Klein in the DA's Office before starting a private defense practice in 2007....

Question, really, is "Who's left?" w/update(s)

Five years. What's significant about five years? It's what it takes to qualify for PERS?

Monday, April 25, 2011

If Gallegos makes a list of law enforcement officers with ethics problems, does he have to put himself on it? (NOTATION ADDED)

a routine DUI arrest in Ferndale and ends almost two years later with a California court of appeal tossing the case after finding that DA Investigator Wayne Cox and Deputy DAs Ben McLaughlin and Randy Mailman committed prosecutorial misconduct and violated the defendant’s constitutional rights. the Humboldt Mirror **
(** Note that the State Bar dismissed the referral for prosecutorial misconduct as unfounded.)

"Brady List?": DA Investigator Wayne Cox, Deputy DAs Ben McLaughlin and Randy Mailman DA Investigator Wayne Cox, Deputy DAs Ben McLaughlin and Randy Mailman

Interesting case about to hit the fan? - THE PEOPLE, Plaintiff and Respondent, v. ROCKY CROWL, Defendant and Appellant. - watchpaul 3/31

Other DA staffers who belong on the "Brady List":
Allan Lee Dollison, rumored to be on the brink of becoming the next Assistant District Attorney to Paul Gallegos.

"Brady List?": Deputy DA Allan Lee Dollison

From the comments at the Mirror: Arnie Klien. The Judge Watson admonished him in the Davis trial and the court of appeal stated that he committed prosecutorial misconduct. The case was saved by Judge Watson. THE PEOPLE, v. MATTHEW C. DAVIS, Defendant A121549

"Brady List?": Deputy DA Arnie Klein
__________

ADDED: Allan Dollison served Humboldt County's DA's office for 6 years and 4 months. He details his record, and his reasons for leaving here - ◼ My record at the DA's Office - Allan Dollison/for the Times-Standard
__________________

NOTATION: 7/13/2013 - It's an interesting aspect of this blog that other people often get caught in the net, based on their entrance into the Gallegos saga. And so their names live online, to be unearthed whenever they apply for a job. Sometimes the searches that lead people here are for other reasons, but it usually has to do with a job search.

And, so it is that Allan Dollison appears here. His time with the DA's office has come and gone, he rose through Gallegos' ranks, and was slated, some said, to become Assistant DA. He was a loyal player, and, I believe, a true believer.

Through my work here, I am often kept informed about cases, how they're handled, how the various Deputy DA's do their job, interact with victims, and so forth.

And I feel it necessary to say this. I have come to the conclusion, that, for all his past mistake, Allan Dollison turned out to be one of the best and most honest of the bunch, far surpassing his boss, Paul Gallegos.

He has since left the DA's office, and, as is often the case when people leave, I get the chance to talk to them. I have talked with Allan Dollison. And, to his credit, he never once asked me to remove any of this info, as damaging as it is to him. I respect that, and I think it's noteworthy.

If you're looking to hire him, it's worthy of consideration.

I'm not pulling anything down, as that would be a disservice to the facts as they have unfolded, but I am adding this, to mitigate that online-lives-forever reality.

Sunday, May 31, 2009

charged with a single misdemeanor count of obstructing an officer

Photographer to stand trial in homeless case
Due to his transient status, VonZabern said he was unaware that charges had been filed, or that he had a warrant out for his arrest until early 2009.

Humboldt County Deputy District Attorney Elan Firpo said the delay in the case was because VonZabern went missing and missed a handful of court dates, but VonZabern said he's been in Humboldt County nearly the entire time and simply wasn't made aware of the case or the court dates.


Another crime of the century.

Friday, May 08, 2009

DA files charges against museum curator

Former museum curator suspected of selling museum items on eBay
Robert Newell, the former curator of the Fortuna Depot Museum who was hired in January, was arrested after a co-worker told police he suspected Newell was selling items that belonged to the museum on eBay....

According to a police document filed in Humboldt County Superior Court, after investigators learned of the allegations they contacted Newell, who reportedly admitted the thefts and led officers to his residence. There, investigators reportedly found missing museum property, as well as records of sales made over the Internet.

Those sold items “were several thousand dollars in value,” the officer wrote in his report.

The District Attorney's Office has filed charges against Newell, alleging that from February through April, Newell was in possession of stolen property that had been obtained by extortion from the city of Fortuna's Depot Museum.

Newell has pleaded not guilty to the charges, and awaits a pretrial hearing May 24.

According to information from the District Attorney's Office, the two charges have been reduced from felonies to misdemeanors.
Deputy District Attorney Ben Mainzer, who has been assigned to the case, could not be reached for comment on why the charges were reduced....

Thursday, April 30, 2009

Charges dropped in Rooster case

Cockfighting charges dropped against Christie

A county prosecutor on Wednesday announced the Humboldt County District Attorney's Office would drop several charges related to allegations Ray Christie, a McKinleyville rancher, was raising roosters to be used for cockfighting.
Christie faced five misdemeanor charges for allegedly raising roosters for cockfighting after police raided his McKinleyville rooster breeding operation in December and seized more than 1,300 roosters, as well as dozens of knives and gaffs -- illegal implements used in cockfighting.
Christie still faces one misdemeanor charge alleging possession of a cockfighting implement....

...Following the trial, Deputy District Attorney Sherissa Edmark said she would prepare to retry the defendant. But Wednesday, Christie's attorney Kenneth Bareilles said he plans to discuss with his client whether another trial is the best option.

”I plan to advise Mr. Christie and encourage him to settle if possible,” Bareilles said. “It might be less expensive just to pay the fine. But sometimes you can't measure this stuff in dollars and cents.”...


But that's not the end of the story, as I understand it. Developing.

The value of the Victim Witness Program

A survivor, not a victim
...Ultimately, Brannon-Stanley credits the District Attorney's Victim Witness program for getting her through this time -- from finding her a new home to providing support during the court proceedings.

Detective Ron Harpham and Deputy District Attorney Ben McLaughlin were critical in ensuring justice was carried out, she said. It's her own resilience that keeps her going.

”I'm not a victim, I'm a survivor,” she said....

Friday, April 10, 2009

Rooster trial

Trial begins for cockfighting suspect
A Humboldt County Sheriff's Office deputy who investigated properties belonging to McKinleyville rooster breeder Ray Christie, testified in court Thursday that Christie admitted to participating in the illegal sport of cockfighting in the past, but said he had not done so in decades.

Thursday was the first day of trial for Christie, who is charged with five misdemeanor counts of possession of cockfighting implements and one misdemeanor count of possessing a bird with the intent to use it in a fighting exhibition.

If convicted on all counts, Christie would face a maximum of six years in jail and a $30,000 fine....

...Christie's attorney, Kenneth Bareilles, questioned (Humboldt County Sheriff's Office Deputy Todd) Fulton about whether the circumstantial evidence presented demonstrates Christie was recently participating in cockfighting, or if it only shows he was simply interested in it.

Questioning Fulton about the cockfighting magazines found throughout Christie's properties, Bareilles asked whether the owner of such magazines could “be an enthusiast and not a cockfighter?”

Fulton replied that they could be an enthusiast.
Deputy District Attorney Sherissa Edmark is prosecuting.

Who is taking care of all those roosters?

Saturday, March 21, 2009

Judge rules "prosecutors produced no evidence demonstrating Truhls took an arrowhead from out of a grave -- an action specified in the felony charge."

☛ TS Felony grave-looting charge dropped for Truhls

A felony charge against a Eureka man who allegedly removed artifacts from the site of a Yurok ancestral village was dropped Thursday after a Humboldt County judge ruled there was too little evidence to show an arrowhead had been taken out of a grave.

At the conclusion of his preliminary hearing Thursday, James Edward Truhls, 30, was cleared of one felony charge alleging he looted artifacts from out of a grave at an archeological site in Patrick's Point State Park.

Truhls still faces two misdemeanor charges for allegedly removing archeological interests and injuring a work of art.

As Truhls' two-day preliminary hearing came to an end, Judge Joyce Hinrichs ruled prosecutors produced no evidence demonstrating Truhls took an arrowhead from out of a grave -- an action specified in the felony charge.

The charge required prosecutors to show evidence Truhls took an item he knew to be an artifact, which had formerly been located in a grave. Hinrichs said although evidence demonstrated Truhls knew the item was an artifact, it did not show the artifact had been buried with a body.

During her closing statement, Deputy District Attorney Christa McKimmy argued that Truhls “knew it was illegal that he was digging there.”

The evidence, McKimmy said, “clearly indicates that the defendant took at least two, possibly three, items from an area that has been identified as a Native American grave site.”

Hinrichs later ruled that the statute is limited to graves, and does not include grave sites.

”The law requires that it be taken from a grave,” Hinrichs said. “There hasn't been any testimony that says it was taken from a grave.”...


Now, BEAR IN MIND YouTube video leads to graverobber's arrest
The discerning eye of a federal Bureau of Land Management employee and the investigative skills of Patrick's Point State Park Ranger Greg Hall led to the arrest of a Eureka man this week on suspicion of looting archaeological items from an ancient tribal village site.

At the center of the investigation was a video the suspect created and subsequently posted on YouTube showing him digging at the village site within Patrick's Point State Park.

”It was a bragging video,” Hall said.

With a search warrant for YouTube, Hall was able to determine the location of the computer used to upload the video and able to identify the suspect by looking at other videos he had posted, since his face was not readily visible in the looting film.

Hall said he then contacted the property management company who handled the suspect's rental, and was able to obtain his cellular phone number and convince the suspect to come in for questioning.

With another search warrant, state park rangers had searched the suspect's Eureka home earlier in the day and found several artifacts from the North Coast and other areas


☛ TS Preliminary hearing held for man accused of looting burial site
☛ TS Year in Review: A look back at 2008

Tuesday, March 17, 2009

Ongoing Saga - UPDATED

Be remiss not to post this
☛ TS Gundersen pleads not guilty

”There's no merit to these charges -- it's that simple,” Clanton said after Friday's arraignment.


☛ riodelltimes People vs. David Gundersen Part II
Judge Cissna patiently listened to the blunt statements from David Gundersen’s defense attorney Russell Clanton. Clanton emphatically states that Mr. Gundersen is “not guilty! .. and we also deny the special allegations.” While discussing an intervention hearing Clanton declared “no disrespect your Honor, it is pointless. There is no criminal liability for my client and it is just that simple.” Clanton also mentions that he has notified the District Attorney’s office that there has been an appeal filed on the earlier conviction.

Representing the people, Deputy District Attorney Mary McCarthy stood in for DA Paul Gallegos. She indicated that Gallegos will be making the decisions on the case, including the intervention hearing. Note: the intervention hearing is not open to the public. The hearing will be March 30th at 3pm. Judge Cissna ordered Mr Gallegos or the person making the decisions be present at the next hearing.

Other important dates: May 6th at 3pm will be a trial confirmation hearing with the trial starting May 18th....
☛ riodelltimes read the rest

Full saga

UPDATE:
Grand theft charge dismissed against former Blue Lake police chief

UPDATED:

Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012

****

Tuesday, February 24, 2009

Oh, God, "YouGoFree.com" Schwartz is back

and he musta lost a pot case or something... bitchin' about judges, and as nutty/entertaining as always...
Misplaced marijuana backlash

Misplaced marijuana backlash

Jeffrey Schwartz/For the Times-Standard
Posted: 02/24/2009 01:27:30 AM PST

Some elected officials in the criminal justice systems in Humboldt and Mendocino counties now act as if voters and legislators gave them a mandate to adopt a harsh penal policy toward marijuana growers. This is a recent and ominous change.

Measure B last June in Mendocino rescinded a previous measure that allowed for the personal possession of and expanded cultivation of medical marijuana. Arcata adopted an ordinance late last year that regulates grow houses. Together, these two measures and other similar ones emboldened the prosecutor in Mendocino County and a judge or two in Humboldt County to take a hard line on marijuana growers. These elected officials should be cautious. While they lead a backlash against the spread of marijuana cultivation, with harsher punishment for growers, they risk a stronger backlash at the polls.

It is disconcerting to hear around the courthouses of Mendocino County deputy district attorneys with marching orders arguing “zero tolerance” on marijuana cases and at least one judge in Humboldt County meting out sentences on first-time marijuana growers until now reserved for cocaine and meth dealers. One deputy district attorney in Mendocino stated, “the people have spoken,” referring to Measure B, when demanding a 365-day sentence for a 19-year old HSU student caught driving a few pounds of marijuana through Willits. This is a kid with a perfectly clean record. The type of felony insisted on by the A will never come off his rap sheet and will destroy his chance of getting a decent job in the future.

We need to gain perspective. We should remember that the personal possession of marijuana is all but legal in California -- if one is caught with an ounce or less of marijuana the penalty is a $100 fine, it is basically a traffic ticket. Should we treat the people who provide them with an ounce of what is all but legal the same way we treat heroin, cocaine or meth dealers?

Consider the recent case of a Humboldt County judge who grabbed the “mandate” and recently sentenced three marijuana growers to nine months in county jail, three months longer than the most hard-line deputy district attorney in Humboldt County had even requested.

Zero tolerance on marijuana growers may become contagious in our courthouses among the judges. If that happens, the would-be hard-line judges and the Mendocino district attorney will have sorely misconstrued what our collective community intended when they passed or agreed with these ordinances. The residents who voted for Measure B and support regulations on grow houses in Arcata were fed up with the abuses of marijuana growing and the noise and smell and pollution that go with it; in the same way they don't want a roofer setting up a tar boiling operation next door.

Harsher punishment of marijuana growers is a big mistake for an elected official. Marijuana decriminalization in our counties is a hot issue like abortion and gay marriage. There are a whole lot of people supporting both sides of the issue -- and then there are the blogging Rush Limbaugh types. With marijuana, as is the case with pro-choice and the right to marry, the majority in our counties want it decriminalized.

In coastal Northern California we suffer from limited budgets and small police departments but we spend an exorbitant amount of public funds in the form of police and top-of-the-line prosecutors' time and county jail space to put marijuana growers behind bars. In Humboldt, one of the two best prosecutors in the office is spending her time prosecuting marijuana growers instead of child molesters, rapists or murderers.

These officials of the criminal justice system need to wake up or when their elected terms end, they will find themselves back in private practice. The people of Mendocino and Humboldt counties are looking for regulation not criminalization.

Jeffrey Schwartz is an Arcata attorney practicing criminal defense law in Humboldt and Mendocino counties. He resides in Willits and Arcata. He can be reached at jdsarcata@yahoo.com.

NOTE: Jeffrey "yougofree.com" Schwartz was a defense attorney who came to work in the Humboldt County DA's Office. The best comment about him is that he managed to set more people free as a DDA than he did as a defense attorney. He ran a failed campaign for Arcata City Council, complete with a bizarre blog. The guy is a nut. And I don't mean that in a good way.

Response: ☛ Paul Hooker's TS Op-Ed Pot grows are ruining neighborhoods
TS Comments thread

Friday, February 20, 2009

Prelim for L.A. kidnapper

A Eureka police detective (Ron Harpham) testified Thursday about events that reportedly led to the January stabbing of 24-year-old man at the preliminary hearing of David Bushman, who is accused of kidnapping and assaulting an acquaintance, causing his vehicle to crash into a Eureka burger stand.

Detective Ron Harpham testified at the hearing about the course of events that reportedly led to the stabbing of Joshua Golden, a one-time Eureka resident now living in Los Angeles, and the subsequent arrest of 36-year-old Bushman and Fatima Muhammad....

...Harpham's testimony did not conclude Thursday and Bushman's hearing is expected to resume today. According to Deputy District Attorney Randy Mailman, the evidence that will be presented at Muhammad's preliminary hearing, also scheduled today, will be the same presented during Bushman's.

Muhammad remains held at the Humboldt County Juvenile Hall on $100,000 bail, while Bushman was returned after his hearing to the Humboldt County jail on $50,000 bail.
☛ TS Preliminary begins for alleged L.A. kidnapper 2/20/09

☛ TS L.A. man and teen arrested for allegedly kidnapping driver 1/31/09

Tuesday, February 10, 2009

Trial begins in decade-old murder case

The trial began Monday for the suspect accused of killing of a Eureka teenager in 1998.

Yohan Perez Lopez is the second of three suspects arrested in connection with the killing of 18-year-old Ryan Matthew Dunn outside a video store in January of 1998.

Lopez' brother, Santiago Lopez, was arrested at a relative's home in Redwood City within weeks of the killing.

...The men allegedly shot Dunn after he refused to fight inside the video store. The men waited for Dunn outside and allegedly shot him when he exited the store.

Deputy District Attorney Arnold Klein and Public Defender Jonathan McCrone gave opening statements and named witnesses who will testify during the trial.

Among the witnesses are responding officer Detective Ron Harpham and former Eureka Police Department homicide investigator Dave Parris.

Eighteen items were also submitted into evidence, including aerial views of the crime scene and pictures of Dunn on his 18th birthday.

Lopez' former girlfriend and Dunn's former girlfriend, who was with him at the time of the murder, are expected to testify today. He is charged with first-degree murder and possession of methamphetamine with intent to sell.

☛TS Trial begins in decade-old murder case

Guess it must not be a slam dunk. Klein got the assignment.

Rodney Groh Trial begins

Opening statements were made Monday in the first day of the trial of Rodney Groh, who is accused of killing George Giguere, his roommate at the time at the Budget Hotel.

An investigation by the Eureka Police Department alleges that Groh killed Giguere by beating him to death in a fight that originated over the television.

...The trial continues today and Deputy District Attorney Ben McLaughlin will be submitting evidence for the prosecution.

☛TS Trial begins for man accused of killing his roommate

Saturday, February 07, 2009

Arcata resident sentenced for marijuana grow, forfeits cash

☛TS Arcata resident sentenced for marijuana grow
On Wednesday, a Humboldt County Superior Court judge sentenced 38-year-old Arcata resident Jeremy Bensen to 270 days in jail for the cultivation of marijuana and providing false information to commit a fraud, the Humboldt County District Attorney's Office reported Thursday.

According to information from the District Attorney's Office, in December 2007, Humboldt County Drug Task Force agents found two properties under Bensen's name that were drawing abnormally high amounts of electricity, leading them to serve search warrants at both properties.

On Dec. 18, 2007, while serving a warrant at 2559 Baldwin St. in Arcata, agents reportedly found 89 marijuana plants with processed marijuana, a scale and $1,640 in cash.

During one nine-month period, that property drew between 3,800 and 6,000 kilowatt hours, the District Attorney's Office reported.

At another property on 3178 Pigeon Point Rd. in Eureka, agents reportedly located 228 plants, processed marijuana and $3,600 in cash.

During a six month period, agents learned the Eureka property drew between 5,700 and 7,800 kilowatt hours of electricity.

An additional 40-acre property in the Pilot Rock area of Southern Humboldt was searched, yielding around 100 growing marijuana plants.

Agents located bank records showing $101,590 had been deposited in cash during 2006, and $157,170 was deposited over the following year. A number of those deposits, the office reported, were structured in a way to avoid reporting large cash deposits.

In addition to the jail sentence, Bensen forfeited the money seized in the search warrants.

Deputy District Attorney Maggie Fleming argued against Bensen, who was represented by defense attorney Mark Harris..

Thursday, January 22, 2009

none of the men can associate with one another, or wear clothing or patches identifying them as gang members.

Mongols members sentenced for shooting
Four men arrested in connection to the non-fatal shooting of a suspected Hells Angels member in November were sentenced in Humboldt County Superior Court Tuesday afternoon to terms ranging from three years in prison to 180 days in jail.

All four men, three of whom were found to be card carrying members of the Mongols Motorcycle Club, pleaded guilty in a plea agreement offered during their preliminary hearing, after evidence surfaced that the victim -- Robert Thompson -- may have fired first.

Deputy District Attorney Ben McLaughlin said although there are no current plans to charge Thompson as a felon in possession of a firearm, the matter is still under investigation.

The accused gunman in the case, 28-year-old Mongols gang member Eric Gunner Lundin, was sentenced by Judge Dale Reinholtsen to three years in prison for felony charges of assault with a firearm and participating in a criminal street gang.

Lundin's attorney, Glenn Brown, said his client will likely serve “a little over two years.”

Dustin Liebes, a 36-year-old who the prosecution named as the president of the area Mongols chapter, was sentenced to one year in jail with five years probation. Shasta County resident Eric Garcia, 28, was also given a one year jail sentence with five years probation. Both men had pleaded guilty to participation in a criminal street gang, and both were granted 110 days time served.

Brad Miller, 26, was sentenced to 180 days in jail, with 110 days credit.

The prosecution alleged Miller -- who was not part of the gang -- was a prospective member. Miller pleaded guilty to being an accessory to a felony after the fact, but denied attempting to gain entry to the gang.

In addition to various fines, Reinholtsen stipulated that none of the men can associate with one another, or wear clothing or patches identifying them as gang members....


UPDATE:
☛ TS Four arrests follow shooting outside bar
☛ Merced Sun Star Robert Thompson shot outside Eureka bar
☛ Modesto Bee Detectives kept an eye on Thompson because of his Hells Angels membership
☛ The AgingRebel.com Biker Motive Alleged In Shooting
☛ TS Hells Angel shot Friday was cleared of murdering girls in Merced
☛ TS Four arrests follow shooting outside bar
☛ Merced Sun Star Robert Thompson shot outside Eureka bar
☛ TS Prelim begins for alleged Mongols shooters
☛ TS Expert links shooting suspects to Mongols motorcycle gang
☛ TS Suspected Mongols accept plea agreement
12/18/2008 - Members of the Mongols biker gang implicated in the shooting of a suspected Hells Angel in early November have all accepted plea agreements offered by the Humboldt County district attorney.

Tuesday, January 13, 2009

Convicted sex offender faces 6 years, deportation

☛TS Convicted sex offender faces 6 years, deportation

A Mexican national, who will face deportation for a second time after serving an expected six-year sentence, pleaded no contest Monday to allegations he sexually abused his 8-year-old daughter.

Isaias Felix-Romero, 33, pleaded no contest to the sexual abuse of his daughter-- referred to as Jane Doe-- according to Deputy District Attorney Arnold Klein.

Eight years ago Felix-Romero was convicted of unlawful intercourse with a 13-year-old minor, the mother of Jane Doe. Felix-Romero later married Jane Doe's mother.,,,

...In early September, Felix-Romero was arrested as part of a U.S. Immigration and Customs Enforcement raid on Sun Valley Floral Farms.

ICE reported Felix-Romero has already been deported from the United States once, and he will be detained and ultimately deported by ICE after his sentence is completed.

”We definitely have flagged this case for follow-up, and a detainer will be lodged against the individual,” said ICE Communications Director Virginia Kice.

Felix-Romero's previous deportation may be reinstated, which would result in expedited removal. Because of Felix-Romero's criminal history and felony reentry, his case is subject to review by the Department of Justice and the U.S. Attorney's Office....

***
This report says he pled "no contest to allegations..." but does not say what the CHARGES (Penal Code Sections), and resultant minimum and maximum penalties were.
***
Reminiscent of the Martinez-Hernandez case except this time, the immigration authorities really have been contacted. The similarities are incredible. Child victim, turned bride, second victim the child born of that abuse.

But in 6, really 3, years he'll get to rape another 8 year old, and next time, he may not want to leave any witnesses behind.)

RELATED STORIES:
TS - Plea bargain made with molester - Jan 24, 2004
TS - Gallegos responds to molester's plea - Jan 27, 2004
TS - Albin Sheets accuses Gallegos of incompetence - Jan, 2004
NCJ - MOLESTATION CASE TAKES CENTER STAGE:
...a copy of this article is also at watchpaul-articles
TS - Investigating deputy speaks out on molest case - Feb 13, 2004
Gallegos v. Martinez-Hernandez

This is why Gallegos "losing" virtually all of our experienced prosecutors matters. He wasn't then, and isn't now, capable of handling these cases properly.

Wednesday, January 07, 2009

DA News

Convicted rapist sentenced to eight year
Richard Jesus Valentine, a 28-year-old man found guilty of rape in December, was sentenced in Humboldt County Superior Court Tuesday to more than eight years in prison.

For the charge of rape by use of an intoxicant, Valentine was sentenced to a total of eight years -- the maximum sentence for the offense. He was also given an additional eight months for possession of heroin.
Public defender Jonathan McCrone, Deputy District Attorney Arnold Klein

Man convicted in pipe attack gets seven years
A Blue Lake man convicted of attempted murder for striking his girlfriend in the head with a pipe, suddenly and apparently without reason, was sentenced Tuesday.

After accepting a plea agreement in late November, Thomas Wallace, 45, was sentenced to seven years in prison and to pay more than $16,000 to his former girlfriend, the victim in the case....
Wallace's attorney, Marek Reavis, Deputy District Attorney Randy Mailman

Monday, January 05, 2009

On the surface

it appears reasonable, presented as a coup and a win.
☛TS Hash receives 11 years in prison (Well, 5 1/2, if that)
Steven Daniel Hash pleaded guilty on Friday to manslaughter in the death of Curtis Huntzinger, a 14-year-old Blue Lake boy killed in 1990.

As members of Huntzinger's family watched, Assistant District Attorney Wes Keat read the terms of the plea agreement, which stipulated Hash will serve 11 years in prison, and pay a total of more than $9,000 in restitution fines.

Following the reading, Hash wiped tears from his eyes and spoke directly to Nancy Huntzinger, Curtis' mother.

”I'm so terribly sorry,” he said. “For years, I've asked God, 'How come I'm walking around in the free world?'

”I know what I've done. I took everything Curtis had ... I took it all and it's real hard to deal with that. I've been dealing with that for years.”

Hash then thanked District Attorney Chief Investigator Mike Hislop and investigator Wayne Cox for their “thorough and competent investigation.”

Hash was granted 45 days credit for time served. By California statute, Hash will be eligible for parole 51/2 years after his sentence begins....

Wes Keat speaks where the District Attorney should be speaking, a sign that something is wrong. If this was a win, Gallegos would have been all over it.
According to Keat, after his arrest, Hash was willing to fully cooperate with investigators, and had explained to them all the events that led up to the killing. Based on his admission, and the available evidence, the charge of manslaughter was appropriate given the circumstances of the killing, Keat said.

In May of 1990, during a sudden quarrel at Hash's home, Hash struck Curtis Huntzinger in the head with a dumbbell, killing him, Keat said.

”In the instant afterward, he was sorry it happened,” Keat said. “It was classic manslaughter.”


Manslaughter. Not murder. Because he was sorry in the instant after it happened.

So now, Hash was granted 45 days credit for time served. By California statute, Hash will be eligible for parole 51/2 years after his sentence begins.

And though The crime of voluntary manslaughter carries statute of limitations of six years, meaning the statute of limitations expired 13 years ago. Nevertheless, Hash was able to plead to the felony as part of the agreement.

It's another deal, and this time, though Gallegos can claim the family signed off on the deal, it is apparent that they are not happy about it.
During the Friday hearing, Nancy Huntzinger also gave a brief statement thanking Hash for leading investigators to her son's grave.

After Hash had left the courtroom to be returned to his cell, Nancy Huntzinger said she was ambivalent about Hash's agreement, and was simply happy to have her son's body returned to her.

”I told (DA investigators) when we got Curtis back, he (Hash) could get time served,” Nancy Huntzinger said.

Since Curtis Huntzinger's body was found in a shallow grave under a stand of young redwoods, between Blue Lake and Korbel, officials have used the word “closure” to describe the conclusion of the 18-year long search for his body.

But for some members of the Huntzinger family -- the other victims involved in the killing -- the word is hardly descriptive.

”Closure? I mean, that's like it's the end,” Nancy Huntzinger said. “It will never be the end. I will never forget Curtis. I will remember him as long as I can breathe his name.”


That's the article. But there's more in the comments. And though I am no fan of the comments section of any local publications, I have to say, the story that unfolds there is a must read. Family members and friends weigh in. Better read 'em before they get pulled down.

CJ Saint Claire - "In the instant afterward, he was sorry it happened..." so Mr Hash casually cruises through the expiration of the statue of limitations, and after 18 years of anguish, mom says "time served is OK" - I cannot imagine the pain and, quite possibly, the liberation of from such awful torment.

...and for Hash - Here is a case where just being sorry just is not good enough, you just got handed a pass on this one.

Someone needs to take this incident to the star chamber.

Case closed, finally. Sadly. Welcome home Curtis."
***
whodem dat slewdem - "11 years is a very short sentence considering that at most he will do 80% of that time and could do as little as five years. eligible for parole in 5.5 years really means eligible in 3 years. I am sure that the family is more concerned with closure than this mans sentence and they are relieved that they found the remains. Hash got a pass."
***
Blue Lake Cousin - Mr. Gallegos; you and your staff should be ashamed of yourselves and your pathetic attempts to bring justice for Curtis. Steve Hash is a child molestor and murderer; he tormented my family for years with the knowledge of what he did to Curtis, and you want us to believe that he was sorry for his actions and that this was a "classic case of manslaughter?" Since you've already thrown Curtis under the bus, what about the other children of Humboldt County that came into contact with Steve Hash and his sick cronies! I hope this isn't the end of the investigation; you owe it to the people of this county to carry this investigation forward and make sure that other children get the justice that they deserve. If this case is allowed to drop, the people of this county need to vote you out of office; you are a failure to the people of this county and the justice system that is supposed to protect us."
***
Cherri - would like to know if the people of Humboldt County are satisfied with their justice system. Please correct me if I am wrong, but as I understand it....in Humboldt County you can molest a child of 14, you can murder this child and bury his body in the woods somewhere. The trick is to keep somewhat quiet about if for just long enough. Then after say 19 years of being free to do what you want, raise your own son maybe, make sure he can take over your possession and your affairs are in order, you can decide to confess on your own terms. You then get a speedy court date, and nice slap on the hand of an 11 year sentence, where you know you'll probably be home in a little over five years. Am I right about all this? Can a criminal living in Humboldt County do these things and get away with it? Tell me I am wrong. Tell me there is a justice system in place that would never allow such horrible disgusting crimes against our children to go unpunished. If you take a life, is it really swept under the rug if you keep quiet long enough? My name is Cherri Hairston and Curtis Anthony Huntzinger was my brother. Steve Hash molested him. Steve Hash is a child molester! Steve has picked up a dumbell and hit my brother so hard in the head that it killed him. I hope my brother didn't suffer long. I hope he died long before Steve begun to cover up his crime by burying him in the woods. Then Steve Hash kept somewhat quiet for 19 years. For 19 years he knew what he had done and where my brother was. He lived his life. He saw his own son grow up and he did nothing to ease my family's pain.I expect the D.A. is pretty happy with himself for closing a 19 year old case. But this is not justice. This is not justice. The crime of murder and child molestation was commited and the man who confessed to it may walk the streets of Humboldt County as soon as 2014. Is this what passes for justice in Humboldt County? I wonder if we would have taken justice into our own hands back in 1990 what justice would have been? If it would have meant that we would be walking free after so little years, less than the 19 my family spent being tortured, I would have surely done it. We tell ourselves not to take justice into our own hands, that the truth would come forth someday and Steve would pay. I think we were wrong. Steve got away with molesting, murdering and burying my brother. He dropped a brick in the water that is our family and we are still in its wake. He got away with 19 years of torturing all who loved Curtis. He got away with it all."
***
blue lake mom - "cherri you have been through to much. Your mother will have good reason for great joy, I believed chuck pierce when he said that God would have justice for her. I hope that steve hash's fate, finially frees you and your mother of the scares he has caused.
P.S
Mr.Paul Gallagoes, I think the motherly vote in Blue Lake just went south on you. TY. I hope every mother in Humboldt county remembers Curtis and his mother nancy and his sister cherri Huntzinger on election day..."
***
anonymous - "I know of someone who had "I support Gallegos" signs all over his yard. He's a convicted felon and not even allowed to vote in the first place.

Why do you think he wanted Gallegos in office? Again.

He's a felon, not in jail, and runs around this community making people think he is an upstanding great, and trustworthy guy.
Look very carefully into who you do business with.

If they are licensed in any way, you can get that information online or by calling the department they are licensed to do business through.

There are creeps on every corner who laugh at having "beat" the system and know exactly how to go about it."
***
really now - "I voted for Gallegos so correct me if I'm wrong,please: Gallegos assured us he'd protect community and families. He'd go after hard drugs and violence. This was the reasoning to go easy on small marijuana cases. The gate was opened for hundreds to move here and cultivate with NO threat of prosecution. Then the large growers were allowed to slide. Then the really large commercial growers were given passes. Now the child molesters and child murderers are able to plea out? AND the DA's office speaks like it's a victory? I'm outraged and would like to hear a reasonable explanation from Paul himself. This WILL be an election issue. This plea is an insult to our county and a disgrace to past Gallegos supporters."
***

There's more. And your heart goes out to this family who has suffered the worst imaginable horror, with years of pain, that even with closure will not heal.

In and of itself, it might be fine, on the surface. But add to that the bizarre plea deal with Kesser and others that are documented on this blog. The schizophrenic nature of Gallegos' prosecutions go on. And he should have the courage to stand up and act, as a DA should, as the spokesperson for the office, even when it is not comfortable. Stop sending Keat to do the dirty work.

It's worth noting - and it is noted in those comments - "I imagine there was a plea deal in exchange for locating the body. It's a hefty price, but it needed to be done. Although everybody knows Gallegos is weak! Look at Siskiyou County they are gonna fry people for the same exact thing." That would be ☛TS the Cook case.

Tuesday, December 16, 2008

Mongols prelim - PLEA DEAL

☛ TS Prelim begins for alleged Mongols shooters
☛ TS Expert links shooting suspects to Mongols motorcycle gang
☛ TS Suspected Mongols accept plea agreement
Members of the Mongols biker gang implicated in the shooting of a suspected Hells Angel in early November have all accepted plea agreements offered by the Humboldt County district attorney.

In the agreement offered on the third day of the preliminary hearing, three of four men admitted to participating in a criminal street gang -- an outcome that sets new precedent for prosecutors in Humboldt County, potentially easing legal efforts against gang members in the future.

Eric Gunner Lundin, the 28-year-old who shot Robert Thompson outside The Shanty in Old Town Eureka, pleaded no contest to felony charges of assault with a firearm and participating in a criminal street gang.

Lundin now faces between two and three years in prison at his sentencing Jan. 15.

Dustin Liebes, 36, and Eric Garcia, 28, both pleaded no contest to the felony charge of participation in a criminal street gang, and 26-year-old Brad Miller -- whom investigators believe was attempting to become a member of the gang -- pleaded no contest to being an accessory after the fact.

Those three men face up to one year in jail or one year probation at the Jan. 15 sentencing.

Deputy District Attorney Ben McLaughlin, who prosecuted the case, said he intends to request the sentencing judge prohibit the men from associating with other gang members, which would legally bar the men from each other's company.

McLaughlin called the outcome “appropriate,” after facts in the Nov. 7 shooting incident surfaced late in the investigation showing 43-year-old Thompson may have fired the first shot....

Chris Cervantes, a Montebello police detective and ATF investigator working the outlaw biker gang unit, said no matter who fired first, the shooting was a gang-related act, and it was appropriate for the men to be prosecuted.

”A gun is a tool of a gang. It's a sign of power -- it's a sign of respect,” Cervantes said. “There's no self-defense there.”

Cervantes was flown to Humboldt County to provide expert testimony about the Mongols street gang, which the U.S. Bureau of Alcohol, Tobacco and Firearms has labeled the most “violent and dangerous” in the nation. The gang has between 500 and 600 members in chapters throughout the United States, as well as Canada and Italy.

Cervantes said following a Tuesday night intelligence briefing that he believes there are Mongols chapters in Eureka and elsewhere in Humboldt County....

Ultimately, Cervantes said the men's admission has bolstered law enforcement's battle against the outlaw biker gang.

Leaders of the organization call the group the Mongols Motorcycle Club. The group organizes rides that distribute toys to children, operates in accordance to a constitution and requires new prospective members fill out an application. The seemingly legitimate exterior made it difficult in the past for authorities to legally establish the Mongols are, in fact, a gang, Cervantes said.

With Wednesday's conviction, authorities will have greater power prosecuting members of biker gangs in Humboldt County, Cervantes said.

”We went into some uncharted grounds here in Eureka,” he said. “It's far more successful that the gang allegations were sustained rather than these guys getting more time.”


Related:
☛ TS Four arrests follow shooting outside bar
11/09/2008 - A Merced man was seriously wounded after he was shot outside The Shanty in Eureka late Friday night, and four men were arrested on suspicion of attempted murder shortly afterward....
☛ TS Alleged Mongols shooters charged for gang crime
☛ Merced Sun Star Robert Thompson shot outside Eureka bar
☛ Modesto Bee Detectives kept an eye on Thompson because of his Hells Angels membership
☛ The AgingRebel.com Biker Motive Alleged In Shooting
☛ TS Hells Angel shot Friday was cleared of murdering girls in Merced
11/11/2008 - A man who was gunned down in the street outside an Old Town bar Friday night had recently been acquitted of a 1986 murder of two young girls in Atwater.
☛ TS Four arrests follow shooting outside bar
☛ Merced Sun Star Robert Thompson shot outside Eureka bar
One arrested, two hospitalized after fight outside Eureka bar
11/16/2008 - A brutal fight outside a Eureka bar, The Shanty, early Saturday morning left one man in jail and two others recovering from serious injuries in the hospital.
☛ TS Prelim begins for alleged Mongols shooters
☛ TS Expert links shooting suspects to Mongols motorcycle gang
☛ TS Suspected Mongols accept plea agreement
12/18/2008 B.O. - Members of the Mongols biker gang implicated in the shooting of a suspected Hells Angel in early November have all accepted plea agreements offered by the Humboldt County district attorney.


Mongols members sentenced for shooting 1/21/09 A.O.

Tuesday, December 09, 2008

Closure

☛ TS Huntzinger's body found
An Arcata High School student, the 14-year-old Huntzinger went missing May 19, 1990, after last being seen at his sister's home. Last week, the DA's Office arrested Stephen Daniel Hash, 53, of Sebastopol, on suspicion of voluntary manslaughter after Hash gave a complete confession, according to District Attorney Paul Gallegos...

...The DA's Office said Hash has been very cooperative with the investigation, even leading investigators to the location where he said he buried Huntzinger.

***
On Monday afternoon, around 2 p.m., the boy's skeleton was located, entangled in a ball of roots under less than two feet of soil. The grave, which was dug about 35 yards from the road, was surrounded by a dense stand of young redwoods, and blanketed by a thick mat of leaf litter and poison oak.

But in 1990, when Huntzinger is presumed to have been buried, that grave site looked very different.

Chief DA Investigator Mike Hislop said when Hash allegedly dumped the body, the area looked like a “moonscape,” as a result of heavy logging and burning activity.

Despite those major changes to the landscape, Hash was reportedly able to recall the location of the grave well enough to lead investigators within 25 feet of where the body was found, said DA investigator Wayne Cox.

”It must be a vivid memory that's permanently imbedded in his (Hash's) hard drive,” he said.

The same tract of land was searched in 1999 by teams using cadaver dogs, but authorities came up empty. This time, Cox said investigators deployed new methods.

According to Hislop, the body was found by a volunteer who canvassed the area using a high-end metal detector loaned by the National Center for Missing and Exploited Children. The grave was located when the metal detector picked up a faint signal from a small piece of metal on Huntzinger's remains -- possibly a zipper or a coin.

Members of the Huntzinger family were immediately notified, and brought to the site before the body was exhumed, said District Attorney Paul Gallegos.

As the redwoods grew back after the logging, they lifted nutrients from Huntzinger's grave, entwining the remains in roots.

According to Deputy Coroner Roy Horton, the search team excavated the approximately 400-pound root ball, which contains Huntzinger's remains.

Now the Coroner's Office is tasked with the painstaking removal of those remains from the root encasement.

Horton said that while they have not been able to positively identify the remains through DNA or dental records, there are other signs it is Huntzinger. The clothing found around the skeleton -- a black jacket and tennis shoes -- are consistent with the outfit Huntzinger was last seen wearing. And there appear to be signs of blunt force trauma to the skull, Horton said.

Although Gallegos and the DA investigators have declined to release the cause of Huntzinger's death, a criminal complaint in Hash's court file charges him with using a barbell to kill the 14-year-old.

The body was found unbound, and Horton said he believes Huntzinger was dead before he was buried.


☛ TS Never too late for resolution

☛ TS editorial Never too late for resolution
☛TS Hash receives 11 years in prison
Curtis Huntzinger's mother wins wrongful death lawsuit