Not going for the Death Penalty for Warren

◼ Next Warren court date more than just pre-trial hearing: City Attorney's motion to squash subpoena of EPD Record Supervisor and County Counsel's motion to quash defendant's subpoena - John Chiv/Words Worth Mar 5, 2015

◼ DA not seeking death penalty for Jason Anthony Warren - Juniper Rose, Eureka Times-Standard

Humboldt County District Attorney Maggie Fleming announced to the court today that the death penalty will not be sought for Jason Anthony Warren who plead not guilty in March 2013 to two counts of murder and two counts of attempted murder with special circumstance allegations.

“I am advising the court and counsel that after review of the evidence and review of the current state of the law it is the people’s decision that we will proceed with special circumstances but we will not be seeking the death penalty,” Fleming said. “Based on the special circumstances we will be seeking life without possibility of parole.”

◼ No Death Penalty Sought In Jason Anthony Warren Trial - Mike Dronkers/LoCo

District Attorney Maggie Fleming will not pursue the death penalty for a man accused of killing two women and seriously injuring two others, the Times-Standard is reporting.

Authorities believe Dorothy Ulrich of Hoopa was killed by Jason Anthony Warren [pictured] in the early morning hours of September 27th, 2012. Hours later, Suzanne Seemann, Jessica Hunt, and Terri Vroman Little were on a morning run on Myrtle Avenue when they were struck by a vehicle allegedly driven by Warren.

The collision killed Seemann as well as Hunt’s dog Maggie, while Hunt and Vroman Little sustained serious injuries.

Warren is charged with Seemann’s murder as well as that of Dorothy Ulrich. Warren pleaded not guilty to two counts of murder in 2013.

“Maggie Fleming has kept us in the loop and she has our full support,” Vroman Little told Lost Coast Outpost.

From the comments: Copland

There were other cases that Gallegos should have sought the Death Penalty in and didn't. Gallegos knew he would never have to try the case, so his pronouncement of it was a joke. If the family is fine with it (no death penalty) then it is probably the right decision. The death penalty is non-existent in CA. No executions since 2006.

Now on LoCo - DOLLISON’S DOCKET: Humboldt, Murder and the Death Penalty

◼ The Lost Coast Outpost's new columnist writes about the surprising number of "death penalty-eligible" cases in the Humboldt County Courthouse at the moment. - LoCo

Another murder: Prosecutors Weighing Death Penalty in Murder Case (UPDATED 10/25/15)

◼ The Humboldt County District Attorney's Office is still in the process of deciding whether to pursue the death penalty against a 22-year-old man accused of brutally stabbing a man to death in a wooded area outside of McKinleyville last year. - Thadeus Greenson/The Journal

Police arrested Michael Raymond Youravish June 19, 2013, hours after finding the body of Forrest Croft Lovejoy, 33, dead of multiple stab wounds to the neck, chest and abdomen on a foot trail north of C Avenue in McKinleyville. Youravish has pleaded not guilty to a single charge of murder and denied a special allegation that he laid in wait.

A superior court judge ruled Wednesday that there is sufficient evidence to hold Youravish to stand trial on the murder charge, and prosecuting Deputy District Attorney Zachary Curtis said today that his office is still deciding whether to pursue capital punishment in the case.

During a two-day preliminary hearing this week, new details about the case emerged, including that Youravish allegedly had someone take a video recording of the attack with his cell phone and bragged about the killing....
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As is often the case these days, there's an immediate check of the perp's Facebook page, and their list of friends. ◼ Michael Youravish
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◼UPDATE: The murder trial everyone forgot (June 19, 2013 TO NOW)

◼ Jury trial starts for Eureka man charged with "willful, deliberate, premeditated" murder of Mckinleyville man in 2013 - John Chiv/Words Worth

Gallegos IS seeking the death penalty against Jason Anthony Warren

◼ A Capital Question: A May trial could bring the death penalty debate to the foreground in the DA race - Thadeus Greenson/The Journal

...With little attention or fanfare, Humboldt County District Attorney Paul Gallegos is seeking the death penalty against Jason Anthony Warren in a case scheduled to go to trial in May. If a jury ultimately convicts and condemns Warren, it would be the first time Humboldt has sent someone to death row in nearly 25 years....

The 29-year-old, who has a violent history, stands accused of torturing and killing a Hoopa woman, Dorothy Ulrich, on the morning of Sept. 26, 2012 before taking a car from her residence and driving to Eureka, where he allegedly intentionally hit three runners, killing Suzanne Seemann and seriously injuring Jessica Hunt and Terri Vroman-Little. A gag order was issued in the case shortly after Warren was charged, preventing officials from speaking publicly about the case. Consequently, Gallegos has been unable to explain his rationale for pursuing the death penalty for the first time in his tenure as DA....

During the first debate in the race to replace Gallegos next year, the four candidates — Allan Dollison, Elan Firpo, Maggie Fleming and Arnie Klein — were asked for their thoughts on the death penalty.

Dollison, a former deputy district attorney and a lieutenant colonel in the Army Reserve, said he supports capital punishment in limited cases. "It should be on the table," he said. Fleming, also a former deputy district attorney now working in County Counsel's office, generally agreed, saying it's a "most-extraordinary punishment" that should be reserved for certain cases. Fleming noted that, in her decades as a prosecutor, she never once felt it was appropriate for a case she was handling.

On the other end of the spectrum, Firpo said plainly she's against capital punishment. "I don't think civilized societies kill people for killing people," she said. "It just doesn't make sense." Klein, who has a 40-year history in criminal law including 20 years as a prosecutor, offered a scattershot answer. First, he said he used to believe in the punishment, noting he was a young prosecutor who felt he had God on his side and believed cops never lied. But, Klein said, he's "evolved" and now prefers pursuing a sentence of life imprisonment without the possibility of parole. He also noted that in California, "we don't really have a death penalty, so seeking one doesn't make sense."
__________________◼ Death Penalty in Warren case that may be dismissed but Tree gets a pass, what is Paul's thought process? - John Chiv/Words Worth

...Thad explained that the decision to seek the death penalty against Warren was not a recent one and that Paul made that call a while ago, Thad thinks possibly even before the preliminary hearing. There is a gag order in the case and Thad mentioned since not all reporters can show up for every hearing, not all of us may know about the gag order. This is true, I have seen that myself. One of the reasons I chose to go to every hearing in a case I cover.

Thad wanted to stress Paul did not release this information to him....

There is a death penalty policy that the Humboldt County District Attorney's office has and due to space, Thad could not include it in the story. While he shared it with me, I did not get it from Paul nor does it have a date so Paul how do you come to these decisions involving a person's life?

What is the Death Penalty Policy?
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So much time has gone by, and only now this comes out. Do we have the manpower or the resources for this case? Does he have time to try this between now and December? Remember, he leaves in January. This case will end up dropped in the lap of the incoming DA - another f-up for them to deal with. IMO

Gallegos to decide whether or not to pursue the death penalty in Bodhi Tree - DOUBLE - murder case.

◼ Bodhi Tree determination re death penalty case yet to be determined - John Chiv/Words Worth

The Bodhi Tree trial is still set for March 24. Whether this will be a case in which the death penalty will be sought or not is a determination not yet made. Elan Firpo, who is prosecuting the case for the People told the court that "Mr. (Paul) Gallegos (District Attorney) will be making that determination."

That decision is expected to be made by March 17, which is the date for Trial Readiness Conference, at a special set time of 4 p.m. Trial Assignment Conference is at 8:30 a.m. on March 21.

Bodhi Tree is charged with allegedly shooting Rhett August on May 15 in Eureka and allegedly murdering Alan “Sunshine” Marcet and Christina Schwarz in Arcata on May 18.

Before his case was called, Tree briefly talked to one of his attorneys, Public Defender Casey Russo. His other attorney is Public Defender Heidi Holmquist....

Judge Dale Reinholtsen asked when the determination would be made about this being a death penalty case, at which point Ms. Firpo stated the date and that Mr. Gallegos would be making that decision. This is relevant because if it is a death penalty case, there are procedures to be followed.
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◼ 'Chiv'd' - another word for 'Scooped!'
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◼ KIEM report
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Here's what PVG is playing with. A thorough overview of the relevant state and federal issues from the Federal Circuit court that would get any appeal from Mr. Tree.

◼ ca9.uscourts.gov/district/guides/capital_punishment_handbook.pdf

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

Decisions. Decisions. And Community Values.

"Gallegos, who said he is not personally a fan of the death penalty, said the process being driven by a local elected official may have its benefits. (☛ TS Death penalty: a DA's decision)

”There's a certain amount of justice which is uniform, and there's a certain amount of justice which responds to particular values and cultures of the particular community,” Gallegos said, pointing to judicial discretion in sentencing as an example."

And what are the values of our particular community? Do we put more value on the life of Andrew Pease than on the two men accused of killing (stabbing to death) Pease during a string of attempted robberies, ...(who) have pleaded not guilty to charges of murder, attempted robbery and robbery... at knifepoint?

Gallegos said this week that, in order to make the decision, he plans on waiting until all the case evidence is collected, before having each of the about 10 senior attorneys in his office review it.

”Everyone will individually reach their own opinion,” Gallegos said, “then we will get together and discuss it.”

Gallegos said his senior attorneys will then take a vote. If there's not a unanimous decision among his attorneys to pursue capital punishment, Gallegos said it's unlikely he would opt to pursue it.

”If there's not a unanimous decision in our office, then it's not likely we're going to get a unanimous verdict,” he said.
Gallegos said he only supports pursuing the death penalty in the most heinous of cases.

”In my opinion, the death penalty should only be something that should be sought in the most egregious circumstances,” he said. “Justice and retribution can't be the same, therefore, it has to be something where it serves a purpose other than retribution.”

Bizarre. I didn't know he HAD 10 senior attorneys left, so that's comical. Maybe he really has learned something after all, and WILL listen to others in his office this time. But that is another of his odd statements that don't quite jibe.

What will he do? Death penalty or not? I vote not.