Links to CHERI MOORE - DOUGLAS & ZANOTTI Coverage

***URGENT UPDATE/ALERT! This case was TOSSED by the Judge - never made it to trial,
☛ ER http://eurekareporter.com/article/080826-judge-throws-out-douglas-zanotti-case
Feeney said the indictments the grand jury handed down to Douglas and Zanotti in December 2007 weren’t supported by probable cause. Insufficient evidence regarding the former leaders’ alleged failure to oversee other law enforcement was also presented to the grand jury, Feeney said, and instructions given on “exigent circumstances” were inadequate.
The grand jury should have also been instructed on justifiable homicide by law enforcement officials, Feeney said.***

It's not like every detail of this case hasn't received intense scrutiny. Even Cheri Moore's diaries made the papers. The experts and witnesses testified during a Coroner's Inquest...


☛ April 27, 2006 SCENES FROM A SHOOTING - friends, bystanders, activists, police and the death of Cheri Moore


☛ September 21. 2006 CAUSE OF DEATH - Questions answered and questions raised in the Cheri Lynn Moore inquest

IMMEDIATE AFTERMATH
☛ ER Music, shots, then silence 4/15/2006
☛ ER Investigation launched into police involved shooting 4/15/2006
☛ ER Police respond to fatal shooting of Eureka woman 4/16/2006
☛ TS Eureka shooting tragedy runs deep 04/16/2006
☛ ER In aftermath of shooting, many questions remain 4/17/2006
☛ TS Questions swirl around standoff shooting 04/18/2006
☛ TS Haunted by the past 04/19/2006
☛ ER Group gathers to remember Cheri Moore 4/19/2006
☛ TS Police remain tight-lipped on shooting 04/20/2006
☛ TS Lethal Weapon - Was it “just a flare gun”? 04/21/2006
☛ ER Dispatch logs of fatal shooting made public 4/21/2006
☛ ER Reserve judgment on shooting; question about timing lingers 4/23/2006
☛ TS 'Force options' 04/24/2006
☛ TS Shooting damage 'profound' 04/25/2006
☛ TS City won't hand over 911 tapes 04/26/2006
☛ TS 'Parallel' options 04/28/2006
☛ ER Preliminary results indicate officers followed protocol4/28/2006
☛ TS Shooting: ”Legal and lawful” 04/28/2006
☛ ER Meeting about police review coalition turns to discussions of April 14 shooting 4/28/2006
☛ ER Cheri Moore's son speaks out 4/28/2006
☛ ER Idea of Police Review Coalition discussed with City Council subcommittee 4/29/2006
☛ ER Moore shooting headed for Grand Jury? 5/25/2006
☛ ER Civil rights suit filed in standoff death 6/14/2007

THE INQUEST
☛ ER Police chief said he stands by his officers' actions in shooting 7/21/2006
☛ ER Coroner's inquest into police-involved shooting rescheduled 7/24/2006
☛ ER MOORE INQUEST MAY BE TELEVISED 8/30/2006
☛ ER Inquest should include still photos 8/30/2006
☛ ER Coroner's inquest into death of Cheri Moore will start today 9/12/2006
☛ ERWITNESSES TESTIFY AT INQUEST 9/12/2006
☛ TS Inquest testimony begins today - 11 jurors sworn in for rare court proceeding 09/12/2006
☛ TS Neighbors, friends and SWAT commander testify during inquest's second half 09/12/2006
☛ TS The last inquest - Moore shooting circumstances far more complicated 09/12/2006
☛ TS Witnesses begin testifying in Moore case 09/12/2006
☛ TS Witnesses from the First Day of the Moore Inquest 09/12/2006
☛ TS 'I was scared' - Officers who fired fatal shots testify 09/13/2006
☛ TS Incident commander testifies at coroner's inquest 09/13/2006
☛ TS Witnesses from the Third Day of the Moore Inquest 09/14/2006
☛ ER NINE MORE TAKE THE STAND 9/14/2006
☛ TS Officer, chief take stand in Moore inquest 09/14/2006
☛ ER Final nine testify at coroner's inquest 9/15/2006
☛ TS Jury makes three recommendations after inquest 09/15/2006

And then the tortuous delay fraught with threats - Rumors, Leaks, and the path leading to a Grand Jury Indictment:
☛ ER A grim anniversary passes without resolution 4/13/2007
☛ ER Closure necessary in Cheri Moore shooting 4/13/2007
☛ ER Civil rights suit filed in standoff death 6/14/2007
☛ TS Gallegos: Retrial will 'likely' delay Moore decision 07/13/2007
☛ TS Countdown to a decision 07/23/2007
☛ ER Moore case headed to grand jury? 9/11/2007
☛ ER DA considers grand jury investigation of Cheri Moore's death 10/12/2007

THE INDICTMENTS
☛ TS Police Chief hopes grand jury proceedings are made public 11/08/2007
☛ TS Grand Jury will indict two police commanders, says source (with archived video) 12/05/2007
☛ TS Untested waters: Case against police commanders likely to hinge on 'criminal negligence,' expert says 12/06/2007
☛ TS What is a criminal grand jury?12/06/2007
☛ TS Who owns the 'facts'? 12/11/2007
☛ TS EPD, other law enforcement turn out to support Zanotti, Douglas 12/11/2007
☛ TS Arraignment in Moore case postponed (with video) Dozens show up to support former chief, lieutenant 12/11/2007
☛ TS Moore Case Facts 12/11/2007
☛ TS Gallegos to handle police prosecution 12/13/2007
link
☛ TS Dikeman vs. Gallegos, Round 3? 12/16/2007
☛ TS City could face hefty bill for Douglas' defense 12/18/2007
☛ ER City to assist with costs of former police chief's defense 12/18/2007
☛ TS Ex-chief garners $75K for his defense 12/21/2007
☛ TS State police chiefs association president responds to indictments 12/24/07
☛ TS Gallegos offered immunity for shooters' testimony in Moore case 02/02/2008

District Attorney Paul Gallegos gave SWAT team members and negotiators “transactional immunity” in order to illicit (sp:elicit) their testimony in the grand jury proceedings that ultimately lead to the indictment of their commanding officers, sources said this week.

☛ ER Grand Jury papers to be unsealed in Moore case 2/20/08
☛ TS 'Right to know': Not just words 2/21/08

THE ARRAIGNMENT
☛ TS Douglas, Zanotti set to be arraigned today in Moore shooting 2/21/08
☛ TS Cheri Lyn Moore case: What the grand jury heard 2/21/08
☛ TS Commanders' arraignment in Moore case continued 2/21/08
☛ ER Arraignment continued second time, charges exposed 2/22/08
☛ TS Judge continues Douglas-Zanotti arraignment 2/22/08
☛ TS Police commanders' defense to file motion for dismissal 2/24/08
☛ ER ‘Fatal funnel’ for law enforcement in Cheri Lyn Moore stand off 2/27/08
☛ ER No charges for Douglas and Zanotti 4/2/08
☛ TS Officers' arraignment postponed once again 4/2/08

In asking for the continuance, Zanotti's attorney, William Rapoport, said the defense has received 15 of the 151 grand jury exhibits....”I have been continuously trying to get from (District Attorney Paul) Gallegos the discovery, which includes but is not limited to the exhibits from the grand jury,” Rapoport told the court, adding that the exhibits were necessary for the defense to prepare its post-arraignment motions.

☛ TS Douglas, Zanotti enter not guilty pleas update in TS, more tomorrow 4/22/08

Former Eureka Police Chief David Douglas and Lt. Tony Zanotti pleaded not guilty this afternoon in Superior Court to charges of involuntary manslaughter.

☛ TS Commanding officers plead not guilty 4/23/08
☛ ER Officers plead not guilty in Moore death 4/23/08
☛ TS California police lend Douglas a hand 5/8/08

MOTION FOR DISMISSAL
☛ TS Attorneys asks for Douglas-Zanotti case dismissal 6/20/08
☛ TS Motion to dismiss Douglas-Zanotti charges is inching forward 7/11/08
☛ TS Douglas appeals denial of defense coverage 7/18/08
☛ ER Hearing to dismiss case against former EPD leaders scheduled next month 7/18/08
☛ TS Douglas-Zanotti defense: DA misrepresented the law 8/22/08 Oral arguments scheduled to begin Aug. 26.

Day 875 - CASE TOSSED!
☛ TS Douglas-Zanotti case tossed by judge BREAKING NEWS!
☛ ER Douglas/Zanotti case dismissed
☛ ER Judge throws out involuntary manslaughter case
☛ TS Judge tosses Douglas, Zanotti manslaughter charges
☛ ER Judge throws out involuntary manslaughter case
☛ TS Law enforcement responds to dismissal of Douglas-Zanotti case
It drew an outburst of applause in the courtroom. And it's a safe bet that police chiefs around the county, state and nation slept a little easier after Feeney's ruling....

Arcata Police Chief Randy Mendosa said he knows Douglas and Zanotti and that it's been difficult to watch them endure the last nine months.

”I know these guys well enough where I know it's been devastating for them -- living in a small community and hearing comments; having your good reputation smeared before the public,” Mendosa said. “It's terrible. It's not fair and it's not just.”
Mendosa said he was also relieved for himself and for his profession.

”It could easily have been me in there,” Mendosa said. “Being criminally indicted for basically being in charge of a high-risk operation is not something that police chiefs have ever encountered before, anywhere that I can find.”...

LETTERS
ER Ltr Everyone needs to be treated with compassion, respect 4/19/2006
ER Ltr Don't rush to judgment in police shooting 4/19/2006
ER Ltr Humboldt County's dedicated officers deserve better 4/20/2006
ER Ltr Joseph Humble should not have passed judgment 4/20/2006
ER Ltr Writer ashamed of police action in Friday shooting 4/21/2006
ER Ltr Patience, kindness would have worked in police shooting 4/21/2006
ER Ltr Was there quick justice in shooting of Eureka resident? 4/26/2006
ER Ltr Accounting of Cheri Moore killing necessary 5/13/2006
ER Ltr Why we're blessed to have Paul Gallegos
ER Ltr Where's the outrage over this death? 5/31/2006
TS Anti-establishment publicity stunt 12/18/2007
TS Sour grapes on district attorney 12/22/2007
ER Ltr Police officers put their lives on the line for public's safety 12/20/2007
TS Blue lights can show support 12/21/2007
ER Ltr What does the DA expect to gain from police indictments? 12/27/2007
ER Ltr “Dear Chief Garr Nielsen and the EPD,

Note: The Times Standard's Letters to the Editor were not available online until recently. Those letters as well as other coverage in The Arcata Eye and The McKinleyville Press, and The Independent could be accessed through traditional channels in the Library.

The Eureka Reporter's new website meant a major transfer of all articles to new urls. All links should now be updated. If you find one that isn't working please email watchpaul.blogspot@gmail.com, and/or check watchpaulARTICLES. If you have anything you'd like included (like letters to the editor that are not online,) please send via email (link in sidebar).
***
To contribute to city's defense fund for David Douglas: Send checks made out to the City of Eureka, with David Douglas written in the “for” line, to City Hall, 531 K St., Eureka, CA 95502. Councilman Larry Glass said the checks would only be cashed if needed.

Originally posted 12/17/07

***URGENT UPDATE/ALERT! This case was TOSSED by the Judge - never made it to trial,
☛ ER http://eurekareporter.com/article/080826-judge-throws-out-douglas-zanotti-case
Feeney said the indictments the grand jury handed down to Douglas and Zanotti in December 2007 weren’t supported by probable cause. Insufficient evidence regarding the former leaders’ alleged failure to oversee other law enforcement was also presented to the grand jury, Feeney said, and instructions given on “exigent circumstances” were inadequate.
The grand jury should have also been instructed on justifiable homicide by law enforcement officials, Feeney said.***

If I am missing any links - please email them to me - I'll be happy to add them.

Motion to dismiss Douglas-Zanotti charges is inching forward

***URGENT UPDATE/ALERT! This case was TOSSED by the Judge - never made it to trial,
☛ ER http://eurekareporter.com/article/080826-judge-throws-out-douglas-zanotti-case
Feeney said the indictments the grand jury handed down to Douglas and Zanotti in December 2007 weren’t supported by probable cause. Insufficient evidence regarding the former leaders’ alleged failure to oversee other law enforcement was also presented to the grand jury, Feeney said, and instructions given on “exigent circumstances” were inadequate.
The grand jury should have also been instructed on justifiable homicide by law enforcement officials, Feeney said.***

Motion to dismiss Douglas-Zanotti charges is inching forward
...Douglas and Zanotti's defense team filed two separate motions seeking to dismiss the charges on June 18, arguing that District Attorney Paul Gallegos improperly represented the law to the (grand) jury and that he failed to present evidence that would have backed up Douglas and Zanotti's decisions that day.

”In this case, the preceding resulted in a travesty of justice -- a due process violation -- that must be corrected by the court,” one of the motions states.

Prior to Thursday's hearing on the motions, Gallegos and the defense agreed to a timeline for the motions to be heard. They set a July 21 deadline for Gallegos to submit an opposition to the defense motion and a July 31 deadline for the defense to respond.

Oral arguments are scheduled to be heard before Judge John Feeney on a yet-to-be-determined date in August....

,,,The defense motions filed last month argue that Gallegos knew of expert witnesses who felt the standoff was handled correctly, but didn't call them to testify before the (grand) jury, and that Gallegos failed to properly instruct the grand jury on the law.

”There were numerous serious errors and omissions in the prosecutor's instructions to the grand jury in this case; together and separately, they permitted the grand jury to indict on a legally improper basis and on less than probable cause,” one of the motions states.

Police commanders' defense to file motion for dismissal

URGENT ALERT! This case was TOSSED by the Judge - never made it to trial.
☛ ER http://eurekareporter.com/article/080826-judge-throws-out-douglas-zanotti-case
Feeney said the indictments the grand jury handed down to Douglas and Zanotti in December 2007 weren’t supported by probable cause. Insufficient evidence regarding the former leaders’ alleged failure to oversee other law enforcement was also presented to the grand jury, Feeney said, and instructions given on “exigent circumstances” were inadequate.
The grand jury should have also been instructed on justifiable homicide by law enforcement officials, Feeney said.
***
Original post: TS Police commanders' defense to file motion for dismissal

Gallegos called expert witness George Williams to testify during the proceedings. Williams, a police training specialist, called the case a “clear case of suicide by cop,” and went on to call the SWAT operation “extraordinarily” well handled.
In his concluding grand jury instructions, Gallegos tears apart Williams credentials as an expert, and essentially asks the grand jury to disregard the expert witness' testimony.

”This is a gentleman who has never been a police officer,” Gallegos told the jury. “He has never been a SWAT officer. He has never been in a supervisory role that we are aware of. He was never trained in SWAT tactics. Quite simply... his summary of qualifications though impressive as to particular things is lacking as it relates to the facts that he gave an opinion as to, and that is the appropriateness and the decision making of the supervisorial staff, Chief Douglas and Lt. Zanotti on April 14, 2006.”...

...”There in fact should be someone who is qualified,” Bragg said. “If (Gallegos) felt that fellow wasn't qualified, why didn't he bring in someone he did feel was qualified to discuss SWAT procedures so the grand jury could have had a better understanding?”

Declining to elaborate too much on the defense strategy, saying he wanted to try the case in the courtroom and not in the newspapers, Rapoport said Williams' testimony will also be the subject of a future motion to dismiss the case.

”The DA chooses his witness,” Rapoport said. “He obviously did in this case. ... That's something that again is going to be the subject of a legal motion in the future.”

...”You have bad law being argued to citizens by the chief law enforcement officer in the county [Gallegos], so citizens are bound to think he knows what he's talking about,” Rapoport said, adding that a variety “fundamental” and “esoteric” errors in Gallegos' interpretation of the law would be the subject of an upcoming motion to dismiss by the defendants.

City could face hefty bill for Douglas' defense

So much to say about this one. So little time: City could face hefty bill for Douglas' defense

EUREKA -- If the City Council decides to pick up the bill for former Police Chief David Douglas' legal costs, one former prosecutor estimates it could reach the $1 million mark for the city's already-pinched general fund budget.

The Humboldt County District Attorney's Office announced last week that a criminal grand jury convened to look into the 2006 shooting death of Cheri Lyn Moore indicted Douglas and Eureka police Lt. Tony Zanotti on charges of involuntary manslaughter.

Legal experts said the indictments might be a first, as they target the incident's commanding officers rather than those who shot Moore.,,,

...Zanotti, who is being represented by Redwood City attorney William Rapoport, is covered by the Peace Officers Research Association of California Legal Defense Fund, which covers most EPD officers. The extent of that coverage isn't exactly clear.

Rapoport confirmed Monday that he was being paid by the legal fund “so far,” but declined to elaborate. He said there is no telling what his final bill might be, as the case could be thrown out in the coming weeks or end in a lengthy trial.

The case of who is covering Douglas, represented by local attorney Bill Bragg and the Santa Ana firm of Ferguson, Praet and Sherman, is a bit more complicated.

Councilman Jeff Leonard said the shooting of Moore occurred at a time when Douglas was not covered by the association's legal fund, leaving it unclear who will pick up the bill.

Bragg said Monday that he was under the impression the city of Eureka “has accepted the responsibility to pay for Mr. Douglas' defense.” But, Eureka City Manager David Tyson indicated it was not a done deal.

Tyson said in civil suits, the city is obligated to pick up the bills for legal defense funds, which are paid through the city's insurance carriers. Criminal matters, like the case of Zanotti and Douglas, are different, Tyson said, and the council has the choice of whether to cover the costs.

”I think it's a choice because the council, not just our council but any council or board of supervisors, would want to have the opportunity in a criminal matter to hear at least some of the facts and make an informed decision on whether they want to provide a defense,” Tyson said.

The determination the council will likely have to make, Tyson said, is whether Douglas was acting within the boundaries of his position as police chief. Tyson said the city has no insurance carrier for criminal cases, and any money it offers for Douglas' defense would come directly out of the city's general fund.

City Attorney Sheryl Schaffner said any discussions regarding funding Douglas' defense would be held in closed session, and would not be made public until a final decision is made by the council. The council has a closed session agenda item at Thursday's meeting about Douglas' case.

If the council did decide to pick up Douglas' tab, Schaffner said a budget adjustment would be in order to ensure the funds were available.

And that could be a hefty sum, said local attorney Jeffrey Schwartz, a former prosecutor in the district attorney's office.

Schwartz said an attorney of Bragg's caliber probably demands between $300 and $400 an hour for criminal defense, and estimated Douglas' defense team would put in at least 2,000 hours on the case, assuming it goes to trial. On the low side, that comes out to $600,000. But, Schwartz said that is far from the total.

In addition to straight attorney fees, Schwartz said, in a case like this especially, the defense is going to need experts, and lots of them. Not only do each of the experts command fees, Schwartz said, but there are also the travel, hotel and meal expenses associated with attorneys traveling the country to speak with them.

”I'd say, minimally between both (fees for attorneys and experts), you're talking a million bucks easy,” Schwartz said.

Schwartz also said it is likely, once news of the indictments hits the wires and is widely disseminated, police chiefs and departments around the country will start up a defense fund, fearing a guilty verdict could set a precedent for tactical situation police commanders across the country.

Officers at a Dec. 10 court hearing, where Zanotti and Douglas appeared before a judge for the first time, said no such fund was in the works. An arraignment, where the officers will enter pleas, is set for Feb. 21.

While Schwartz was hypothesizing about what a full blown trial might cost in legal fees, Douglas' lawyers were readying to attempt to ensure it doesn't come to that.

Bragg said Monday he received word from the court that the grand jury transcripts had been compiled, and he would pick them up today. Those transcripts, Bragg said, will have a lot to say about how Gallegos lead the grand jury through the proceedings, and consequently about whether this case will make it to trial.

”Chances are there will be some things we will want to challenge pre-trial,” he said. “Given the DA's unique theory, which, frankly, I don't know what his theory is in this case, if I were a betting man, I would bet we are going to take a very hard look at this (transcript) and probably file a motion of dismissal.”

If the case does make its way to trial, Schwartz said law enforcement officers from around the country will likely pitch in $100 here and $50 there for a legal defense fund, which might not be bad news for Eureka.

”Really, the city should be the one out there trying to rally police chiefs,” he said.
***

Rose's note: How to contribute to city's defense fund for David Douglas: Send checks made out to the City of Eureka, with David Douglas written in the “for” line, to City Hall, 531 K St., Eureka, CA 95502. Councilman Larry Glass said the checks would only be cashed if needed.

What's your take?

What do you get out of this My Word from Sunday's Times Standard? An attempt at humor? Successful or unsuccessful? An attempt to revive Gallegos' mythological stature - keep the divisive climate alive? Is he deriding his former boss or kissing up?

Worth Dikeman vs. Paul Gallegos, Round 3?

It is time for Worth Dikeman to come back to Humboldt County to battle Paul Gallegos in the third and final bout in the political arena. this time that arena would be the courtroom of the Cheri Moore homicide, where two high-ranking Eureka Police Department officers will be on trial for involuntary manslaughter.

There are some problems to get Worth back. They are not insurmountable. Worth would never be a defense attorney. He bleeds DA blood. Never say never. It would be a one-time shot defending his beloved Eureka Police Department.

During the last bout with Gallegos, Worth Dikeman had two EPD officers in his corner - his campaign managers. This time he'll again have two more EPD officers in his corner. It would be like the last election all over again.

The second insurmountable problem is Dikeman is working on his pension benefits at the El Dorado County DA's office. At his current annual salary of over a hundred grand, it would take him five years to make just under $600,000. But as counsel for one of the EPD officers, he'll make that in a year. In two years, when the case is done and over and tried, he'll have made close to a mil. Not bad - two years work as defense attorney defending police officers in exchange for 10 years pay as a DA defending police officers.

You say, "A million bucks? No way." You bet, a million bucks. Do you know how much money will be thrown at the defense of this case? Not only is the city and police union obligated to pay for the defendants (which is chump change), but also this indictment will light the fire of police chiefs and their underlings all around the country. We'll see the money coming in like it was the defense of Barry Bonds.

Here's how it works for Worth to try this case. With all that money coming in, the temptation ultimately will be to bring in the dream team, something similar to barry bonds' recent six-lawyer team.

But it would be a big mistake to bring in an out-of-town dream team to take on Paul Gallegos, who will try this case himself, if I know Paul Gallegos. (Disclosure: I know Paul Gallegos). These two officers need one thing, Worth Dikeman.

Instead of paying a six-lawyer dream team and $10 million, Worth can do it for a million. Worth will also need a million for his support team of out-of-town experts in mental health, SWAT tactics, pathology, forensics, ballistics and psychology. he'll need investigators, law clerks, law assistants, and interns.

And the most important person of all, he'll need a jury selection expert. This case is not about lawyering; it is about politics and demographics. It is Humboldt County's version of pro-life/pro-choice, Iraq war/no war, gay marriages/no gay marriages, and global warming/global warming Fraud. Some of our local versions include Arkley/Glass, Marina Center/Not, Higgins/Ollivier and, of course, Gallegos/Dikeman.

During the two previous bouts, there was one thing consistent with Dikeman: voters voted for him, just not hte majority of voters. This time Gallegos needs more than a majority. He needs all of the votes of the jurors and Dikeman only needs one.

In Round Three where a win for Gallegos is 12-0 and a win for Dikeman is anything else, all Dikeman needs to do is pick 12 jurors reflective of the views of Humboldt County.

If the trial goes forward with a representative sampling of the voting public of Humboldt County, Dikeman wins. This county is split on just about every liberal/conservative issue out there, such as police shootings, TPZ, rails and trails, chain stores and above all, Cheri Moore.

A jury consisting of a cross section os our community will split probably favoring Gallegos, just as the voters favored Gallegos. But a split is a win for Dikeman and the officers.

Like another like-minded person who won without the popular vote, Dikeman, too, can win without the majority of the people he is trying to convince. But it will be a win for Dikeman he has sorely sought.

Having the last victory will mean alot to him, and we can get Worth back into our county, retired, living on a good public pension plus a million dollars to spread around.
___
Jeffrey {yougofree.com} Schwartz, a {very briefly} former deputy district attorney {who plea bargained more cases than he could shake a stick at}, is an attorney practicing in Arcata {or trying to}. ...he notes that "Since writing this piece, it appears that Lt. Zanotti and Chief Douglas have retained attorneys. One is local, one is not. Both are top-tier attorneys. One of them needs Worth Dikeman on his team.
****

Once I get past the obscenity of someone like Schwartz invoking Dikeman's name, it is an interesting, though seriously skewed, piece.

Why is this on Craig's List?

Grand Jury will indict two police commanders EURKEA CALIFORNIA - 2:32pm
EUREKA -- The criminal grand jury convened to look into the death of Cheri Lyn Moore will hand up indictments against former Eureka Police Chief David ...
losangeles.craigslist.org/wst/pol/499782478.html - Similar pages

And who put this on wikipedia?
Eureka, California - Wikipedia, the free encyclopedia
A distraught mother, Cheri Moore, on the anniversary of her son's suicide, ... EPD responded to a local homeless shelter for a call of Cotton fighting other ...
en.wikipedia.org/wiki/Eureka,_California - 173k - Cached - Similar pages

Officers may be tried together

The defense's view

In a statement issued to police chiefs and sheriffs across California, defense attorney Bruce Praet of Santa Ana-based law firm Ferguson, Praet & Sherman said his firm doesn’t view the indictment against former Eureka Police Department Chief David Douglas and EPD Lt. Tony Zanotti as any sort of precedent. Praet is defending Douglas.

Praet said in the words of one Supreme Court justice, “Even a semi-competent district attorney can get a grand jury to indict a peanut butter sandwich.”

Praet was making the point that the criminal grand jury’s decision to indict Douglas and Zanotti was based solely on evidence presented by Humboldt County District Attorney Paul Gallegos, and is therefore one-sided.

The EPD lieutenant and former chief remain, by law, innocent until proven guilty. At this point, an indictment only means that Gallegos successfully presented his case, without the defense being present.

Gallegos said on Thursday he’s confident both Douglas and Zanotti will be represented by highly trained and expensive attorneys.

Praet worked as a police officer for 10 years and has been defending law enforcement personnel for the past 25 years. The Police Officers Research Association of California has appointed William Rapoport, through its Legal Defense Fund, to represent Zanotti.

The city of Eureka will pay for Douglas’ attorney fees, according to a “Client Alert” memo from Praet. It is unknown how much the case will cost taxpayers through the city budget in the end.

There is a chance the lieutenant and retired chief will never go to trial. The defense plans to present its case to the jury and request a motion to dismiss it based on insufficient evidence.

It is nearly a guarantee that Douglas and Zanotti will be tried together, Rapoport said.

The decision is ultimately up to the court and — because the officers were involved in the same incident, and the same witnesses and evidence will be presented — it will most likely rule to try the case as one, he said.

Gallegos said on Thursday it would be easier for him to prosecute both Douglas and Zanotti in one trial. Interestingly, Praet would also like the trials to be combined because the evidence presented by each defense will strengthen his case, he said.

Gallegos, on the contrary, said he believed it would strengthen the defense to split the trials up because it would make his job more difficult — as two trials would exhaust the staff in the District Attorney’s Office.

Gallegos was asked how prepared his staff is to deal with this high-profile case, but he didn’t return a comment by deadline.

Praet said he firmly believes Gallegos will not win this legal battle and succeed in setting a new precedent for law enforcement. That statement was the purpose of his memo, which answered the many inquiries he’s recently received from many police chiefs in California and parties in law enforcement outside the state, he said.

More:
Police indictments raise basic questions
***
Rose's note: How to contribute to city's defense fund for David Douglas: Send checks made out to the City of Eureka, with David Douglas written in the “for” line, to City Hall, 531 K St., Eureka, CA 95502. Councilman Larry Glass said the checks would only be cashed if needed.
***
I've assembled as complete a list of articles covering this case as I can, you'll find them at the end of a number of the related posts, just click on the label below.

Gallegos to handle police prosecution

Gallegos to handle police prosecution

If former Eureka Police Chief David Douglas and Lt. Tony Zanotti stand trial, District Attorney Paul Gallegos will be the one prosecuting them.

”It's going to be a very, very tough case,” Gallegos said Wednesday in his first public comments on the case since convening the criminal grand jury last month. “It's very divisive, and it would be unfair in my eyes to put it off on someone else. I figure those sort-of-miserable cases should flow to me. That's the way it should be.”

Gallegos' office officially announced Monday that the grand jury had returned indictments of involuntary manslaughter against Douglas and Zanotti stemming from their decision-making roles in the 2006 shooting death of Cheri Lyn Moore.

Moore, who had a history of mental illness, was shot April 14, 2006, by Eureka police officers in her apartment at Fifth and G streets after a two-hour standoff in which she brandished a flare gun, threw items from her second-story apartment and threatened to burn the building down.

Police have said they believed Moore had put down the flare gun when the decision was made to storm her apartment. When officers came face to face with Moore, who had the flare gun pointed at them, they shot her multiple times. Neither of the shooters were indicted.

On the heels of comments from the defense team and from Eureka Police Chief Garr Nielsen inquiring about how Gallegos led the grand jury proceedings, Gallegos said he is confident all parties involved were treated fairly.

”The intention was to be fair to all parties, to present evidence in a fair and impartial way for review by a grand jury,” Gallegos said. “That certainly was my endeavor. Certainly it will be open to intense scrutiny. Whether I did or not, certainly the defense will say I did not, and it will be up for the court to decide.”

After working through his first criminal grand jury experience as a prosecutor, Gallegos said if one thing's clear, it's that there will be nothing easy about this case.

”I am confident that it is going to be a tough case for the jurors, for us and for the community,” he said.

The law enforcement community is taking notice as well.

Ron Cottingham, president of the Police Officers Research Association of California, said this is the first time in his three decades in law enforcement that he has heard of commanders being indicted for giving orders or direction. The indictments, he said, set a scary precedent for officers, who are often Monday-morning-quarterbacked for their decisions.

”If anything adverse happens from this, everyone will probably have to reevaluate their tactical processes,” Cottingham said. “It's another situation where the decisions officers have to make on the street at the time of conflict -- when there's just a myriad of things going on -- are fuel for everyone who is going to sit back and second guess everything that was done.”

For his part, Gallegos said he doesn't foresee a problem with his office's ability to work with EPD in the future.

”We work with everyone, and that's the way it is,” Gallegos said. “Absolutely our job is to be independent. It's also to monitor law enforcement activities. ... It's a mystery to me that people think there's this relationship that we don't ever look at what (officers) do, and say, 'You've done something wrong.' That's not our legal system -- that's antithetical to our legal system. That would put individuals and an organization above the law.”

Gallegos emphasized he is not anti-law enforcement and said he believes the commanders will receive a fair trial in Humboldt County.

”(The community) isn't anti-law enforcement,” Gallegos said. “There are certainly some people that are, but that's not the community. People understand the need for it, they respect law enforcement, they defer to law enforcement, but they have certain expectations. ... I think the defendants will get a fair shake in this community.”

The district attorney also took a moment to caution that, in this case and all others, defendants are innocent until proven guilty.

”The burden of proof is on us,” he said, adding he understands that the grand jury indictments have added fuel to some of his critics' fire.

”If my doing my job and fulfilling my legal responsibility to this community makes you unhappy, then you are going to be unhappy with me.”
***

Day 610

Arraignment only the first step in Moore case
Law enforcement bloggers weigh in on indictments

TS It's not just Humboldt County that is worked up about the indictments of two Eureka commanders stemming from the April 2006 shooting death of Cheri Lyn Moore.

”(The Police Officers Research Association of California [PORAC]) would be very interested in the eventual outcome of this case because of the far-reaching consequences,” said association President Ron Cottingham.

In his 33 years in law enforcement, he said, he has never heard of scene commanders being indicted in the aftermath of their decisions.

But Cottingham is far from the only one who will be watching the proceedings closely.

A criminal grand jury returned indictments of involuntary manslaughter, officially announced Monday, against former Eureka Police Chief David Douglas and Lt. Tony Zanotti for their decision-making roles.

Moore, who had a history of mental illness, barricaded herself in her apartment, brandishing a flare gun and threatening to burn down the building. The two-hour standoff ended when officers forced entry into Moore's apartment and shot her multiple times.

News of the indictments has moved quickly, and is now the topic of discussion on several law enforcement blogs, where many in the law enforcement community have weighed in on the possible ramifications. Not surprisingly, given the nature of the Web sites, most of the comments seem to fall on one side of the issue.

”This is crazy,” the poster wrote on www.policeone.com. “I have never heard of this. This is pure lunacy that the DA in Humboldt County would even think of bringing charges against the command staff. Are we not supposed to work together? Must be an election year, and the DA must be trying to make some news.”

In a similar thread on www.officer.com,, another poster had a similar take.

”Well, if this case gains any kind of credibility, we in California had our remaining free hand cuffed,” the poster wrote. “It used to be danged if you do, danged if you don't. Now it's just danged.”

Interesting Editorial

Who owns the 'facts'?

The Times-Standard's story about a grand jury indictment of two police commanders once again raised questions about using anonymous sources.

Our source in last Wednesday's story said the grand jury had handed up indictments of former Eureka Police Chief Dave Douglas and Lt. Anthony Zanotti for involuntary manslaughter in the officer-involved shooting of Cheri Lyn Moore in 2006, and predicted they would appear in court on Monday -- which they did, although their arraignment was continued until Feb. 21.

Grand jury proceedings are intended to be secret, unless opened to the public by the judge, which rarely happens. In fact, under law the transcript of the proceedings is supposed to be kept from the public until 10 days after the court clerk is informed of the grand jury's decision.

Some readers questioned our judgment, wondering how information obtained from a confidential source can be reported as “fact,” and how far we would trust any other anonymous sources.

The whole issue of unnamed sources makes editors uncomfortable. The ethics have been debated for decades. Most of us would prefer to have all sources be on the record, and have all public and private organizations be open and forthright about what happens and why.

But in reality, silence is the default mode for many public officials. In Washington, secrecy and selective anonymous leaking is done for reasons of power and politics. On the North Coast, it's usually because officials fear criticism by the highly vocal populace. What the people don't know, is the reasoning, they can't disagree with.

To be a successful strategy, that requires a compliant and complacent press. However, our job is to find out what's going on and tell the story, not to be an arm of government. At least, that's how democracy is supposed to work. So if the decision is between accepting an official “no comment” and printing nothing, or finding out the story by other means, we choose to listen to whomever will talk to us.

If it's a big enough story -- and the shooting of the mentally ill Moore justifiably can be called the biggest story in Eureka in the past couple of years -- we'll even listen to anonymous sources.

It should be remembered that there are no secrets about what happened on April 14, 2006. The coroner held a public inquest with all the details. The only question for more than a year and half has been: Will District Attorney Paul Gallegos decide to charge any police officers?

And here is an example of how secrecy creates ethical dilemmas: On Oct. 11, Gallegos informed -- us off the record -- that his office was passing the indictment decision to a criminal grand jury, which he planned to convene on Nov. 5. He requested that the Times-Standard refrain from publishing a story about his plan, because it potentially could taint the jury pool. Further, he said, if we ran a story, he would not confirm his plans for the record, and in fact could put off calling a grand jury till 2008.

It was Hobson's Choice: Run a half-story or no story at all. In the end, we published a story with the only “official” comment we had from the DA: That he was “considering” calling a grand jury soon. (We could have quoted Gallegos as an anonymous source about himself; Henry Kissinger used that technique to float his own baloons. But in this case the public Gallegos could have refuted the private Gallegos -- a bizarre scenario.)

As it happened, the DA did call the grand jury on Nov. 5.

The episode left a bad taste, which is why we were interested to hear from a highly placed source last week that Gallegos was keeping a lid on the grand jury's indictment, and was going to arraign Douglas and Zanotti on Dec. 10, without public notice.

After considerable internal debate, we went with the story. Our decision process was similar to Associated Press guidelines, which say that material from anonymous sources may be used only if:

1. The material is information and not opinion or speculation, and is vital to the news report.

2. The information is not available except under the conditions of anonymity imposed by the source.

3. The source is reliable, and in a position to have accurate information.

All those applied in this case, in spades; they may not the next time.

Meanwhile, the judge in Monday's hearing decided to keep the grand jury's indictment and transcript secret for another 10 weeks. Here we go again . . . .

Rich Somerville is the editor of the Times-Standard. He can be reached at 441-0520, or rsomerville@times-standard.com.
***
And a letter to the editor:
Isn't grand jury confidential?

I was under the impression that grand jury business was confidential. Why is it that an anonymous or undisclosed source then, can be quoted as fact? Would you print anything else from an unconfirmed, anonymous source, even if it was “close to the situation?”

Richard E. (Dick) Johnson
Eureka
Times-Standard 12/12/2007

Show of support

EPD, other law enforcement turn out to support Zanotti, Douglas

TS EUREKA -- When former Police Chief David Douglas and Lt. Tony Zanotti stood in front of Superior Court Judge John T. Feeney Monday, it was clear they had local law enforcement behind them. Literally.

Nearly 20 uniformed Eureka Police Department officers, including current Chief Garr Nielsen, a host of city staff and representatives from other local law enforcement agencies, showed up at the arraignment to show support for the defendants.

”I proudly support Chief Douglas and Lt. Zanotti,” read a sign held by Mary Kirby, senior administrative assistant to the chief.

A criminal grand jury, convened last month by the District Attorney's Office, handed up indictments of involuntary manslaughter against Zanotti and Douglas for their decision-making roles in the April 2006 shooting death of Cheri Lyn Moore.

Moore, who had a history of mental illness, was shot and killed by Eureka police officers after a two-hour standoff that saw her brandish a flare gun, throw items from her second-story window and threaten to burn down the building.

Neither of the officers who fired the fatal shots were indicted.

There was not an open seat during Monday's brief hearing, which saw the arraignments continued to Feb. 21 after Feeney granted a request by the defense. Several people had to remain outside in the hallway.

Kirby said two EPD officers came to the hearing on their lunch break and the rest were off-duty, but she said the message was the same.

”We all wanted to be here to show our support,” Kirby said.

She said she felt the involuntary manslaughter charges both men are facing were unfounded. Kirby was a member of the negotiating team during the Moore standoff.

”I think it's kind of ridiculous, but I guess the grand jury can do whatever they want, but the truth will come out during the trial,” Kirby said.

Around 1 p.m., the hallway outside the courtroom started to fill up with officers in uniform, who seemed to arrive in pairs. By 1:30 p.m., the hallway was packed with EPD officers, clerical employees, police services officers and other members of the department standing shoulder to shoulder.

When Zanotti and Douglas arrived, the pair was whisked away by a bailiff, and taken through a back entrance into the courtroom. As Douglas and Zanotti filed by the assembled crowd, they received quick pats on the back and brief words of encouragement.

In addition to the host of EPD personnel on hand, there were detectives and deputies from the Humboldt County Sheriff's Department, an agent with the Humboldt County Drug Task Force, Humboldt County Probation Department agents and other law enforcement personnel dressed in plain clothes, with their badges on display.

”We're just here to show our support,” said Eureka Police Capt. Murl Harpham, adding that the indictments came as an “absolute” shock to the department.

Nielsen, who sat next to Zanotti during his brief court appearance, agreed that the indictments came as a shock, but said he was pleased with Monday's showing of support.

”I think it's at times like these where it's so important for us to pull together as a unit, as a group and as a law enforcement family,” Nielsen said. “We truly appreciate how difficult it is to make those decisions we have to make in those critical incidents, in those split seconds, that are often times life and death situations. It's a different thing to go back two years later and second guess what was done.”

While Nielsen said the indictments have had a sizable impact on department morale, he said he really worries about the effect the indictments will have on officers acting as decision makers in future incidents.

”My biggest fear, above everything else, is the message this kind of things sends to all my officers that are out there every day,” he said.

After the proceedings, Eureka City Manager David Tyson said the impact of the charges is reverberating beyond the EPD. He said city staff, many of whom have worked closely with Zanotti and Douglas, are concerned for their colleagues, and their friends.

”The Eureka Police Department is part of the city family, and certainly we all work together every day and support one another in our every day work lives, and we were here today to support Lt. Zanotti and former chief Douglas,” Tyson said

He said he is confident the two men will be vindicated once more information becomes available.

”We feel that once that information is presented to the public and there is a full understanding of what took place, these individuals will be found innocent of any charges,” Tyson said.

Chris Durant and Thadeus Greenson The Times-Standard
Article Launched: 12/11/2007 01:27:28 AM PST

Bragg v Dollison. (NOTATION ADDED)

This oughtta be interesting. "given the personalities involved."

The Times Standard has a follow up to yesterday's 'breaking news,' complete with video. Now we know who the defense attorneys are, and who is apparently going to be prosecuting Gallegos' case. (with video)

The arraignment of a former Eureka police chief and a current lieutenant indicted by a criminal grand jury for involuntary manslaughter in the April 2006 shooting death of Cheri Lyn Moore was postponed Monday at the defense's request.
Superior Court Judge John T. Feeney set a new arraignment date of Feb. 21, and said the grand jury transcript and indictment would “remain sealed until further order of the court.”

Feeney allowed Lt. Anthony Zanotti and former Police Chief David Douglas to remain free on their own recognizance.
Feeney started the arraignment by disclosing that he was a law partner with Douglas' attorney, Bill Bragg, in the past and that he worked on a housing advisory board for the city of Eureka in the late 1980s.

There was a standing-room-only crowd in the courtroom, with about 90 people, mostly law enforcement personnel from various agencies, watching the short proceeding. Neither the defense nor Deputy District Attorney Allan Dollison objected to Feeney hearing the case.

Bragg, who, along with John Hamilton of the Santa Ana firm Ferguson, Praet and Sherman, is representing Douglas, said the defense team requested the continuance to allow it time to review the transcripts of the grand jury proceedings, which were not available as of Monday.

Bragg, who has experience representing law enforcement personnel, said he has never heard of commanding officers facing indictments for the aftermath of their decisions.

”It's a unique situation,” he said.

Asked if he was surprised to learn of the indictments, Bragg replied: “A surprise implies different types of emotions, and I wouldn't necessarily say I was surprised, given the personalities involved.”

After the brief hearing, the Humboldt County District Attorney's Office officially confirmed for the first time that the criminal grand jury convened last month handed up felony indictments of involuntary manslaughter to Douglas and Zanotti.

The district attorney's office said the indictments came after days of testimony from numerous witnesses in front of the grand jury, whose members were drawn from the regular jury pool.

Moore, who had a history of mental illness, was shot and killed April 14, 2006 by Eureka Police officers in her second story apartment at Fifth and G streets. During the preceding two-hour standoff, Moore brandished a flare gun, threw things from her second-story window and threatened to burn down the building.

Police have said they believed Moore had put down the flare gun when the decision was made to storm her apartment. Upon entering, officers said they came face to face with Moore, who was pointing a flare gun at them. Officers shot Moore multiple times.

While former EPD officer Rocky Harpham and Sgt. Michael Johnson fired the fatal shots, Zanotti and Douglas were the commanding officers at the scene. Legal experts said what makes this case highly unusual is that Zanotti and Douglas are facing charges, while those who fired the fatal shots are not.

The district attorney's office press release stated that Douglas and Zanotti each face up to four years in prison if convicted.

Day 609
Related:
EPD, other law enforcement turn out to support Zanotti, Douglas
_______________

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.

Day 608

Arraignment in Moore death postponed to February
The Times-Standard

EUREKA -- The arraignment of former Police Chief David Douglas and Lt. Tony Zanotti on involuntary manslaughter charges was postponed today, one week after a source told the Times-Standard that a criminal grand jury convened in the death of Cheri Lyn Moore was handing up indictments against them.

Defense attorneys representing Zanotti and Douglas requested a continuance of the arraignment, and there were no objections from the prosecution nor the defendants. Judge John Feeney set a Feb. 21 court date. He said the indictments and transcripts from the grand jury proceedings would remain sealed until that time.

The second floor hallway of the Humboldt County Courthouse was awash in black as a crowd of uniformed officers, city officials and other Eureka Police Department personnel attended the proceedings in support of Douglas and Zanotti.

Both defendants attended the brief court hearing, after being escorted into the court room through a back entrance by a bailiff. They left quickly once the hearing was over.

Moore, who had a history of mental illness, was shot and killed April 14, 2006, by Eureka police officers in her second story apartment at Fifth and G streets. During the preceding two hour standoff, Moore brandished a flare gun, threw things from her second-story window and threatened to burn down the building.

Police have said they believed Moore had put down the flare gun when the decision was made to storm her apartment. Upon entering, officers said they came face to face with Moore, who was pointing the flare gun at them. Officers shot Moore several times.

Hank had the Press Release:
FOR IMMEDIATE RELEASE
December 10, 2007

Retired Chief of Police David Douglas and Eureka Police Lieutenant Anthony Zanotti appeared for arraignment today in Department 8 of Humboldt Superior Court on a felony indictment charging them with involuntary manslaughter in connection with the shooting death of Cheri Lyn Moore. Judge John T. Feeney ordered the matter continued for further arraignment until February 21, 2008. Both remain free on their own recognizance. If convicted, each man faces up to four years in state prison.

In April 2006 Cheri Lyn Moore was shot and killed in her second-story apartment at Fifth and G Streets after a standoff with Eureka police officers. Douglas and Zanotti were the police commanders in charge at the scene of that incident. Testimony regarding the shooting was taken before the grand jury from several witnesses, including police officers, over several days. The Grand Jury returned an indictment naming both men. That indictment remained sealed until today.

Immediate aftermath:
ER Music, shots, then silence 4/15/2006
ER Investigation launched into police involved shooting 4/15/2006
ER Police respond to fatal shooting of Eureka woman 4/16/2006
TS Eureka shooting tragedy runs deep 04/16/2006
ER In aftermath of shooting, many questions remain 4/17/2006
TS Questions swirl around standoff shooting 04/18/2006
TS Haunted by the past 04/19/2006
ER Group gathers to remember Cheri Moore 4/19/2006
TS Police remain tight-lipped on shooting 04/20/2006
TS Lethal Weapon - Was it “just a flare gun”? 04/21/2006
ER Dispatch logs of fatal shooting made public 4/21/2006
ER Reserve judgment on shooting; question about timing lingers 4/23/2006
TS 'Force options' 04/24/2006
TS Shooting damage 'profound' 04/25/2006
TS City won't hand over 911 tapes 04/26/2006
TS 'Parallel' options 04/28/2006
ER Preliminary results indicate officers followed protocol4/28/2006
TS Shooting: ”Legal and lawful” 04/28/2006
ER Meeting about police review coalition turns to discussions of April 14 shooting 4/28/2006
ER Cheri Moore's son speaks out 4/28/2006
ER Idea of Police Review Coalition discussed with City Council subcommittee 4/29/2006
ER Moore shooting headed for Grand Jury? 5/25/2006
ER Civil rights suit filed in standoff death 6/14/2007

The Inquest:
ER Police chief said he stands by his officers' actions in shooting 7/21/2006
ER Coroner's inquest into police-involved shooting rescheduled 7/24/2006
ER MOORE INQUEST MAY BE TELEVISED 8/30/2006
ER Inquest should include still photos 8/30/2006
ER Coroner's inquest into death of Cheri Moore will start today 9/12/2006
ERWITNESSES TESTIFY AT INQUEST 9/12/2006
TS Inquest testimony begins today - 11 jurors sworn in for rare court proceeding 09/12/2006
TS Neighbors, friends and SWAT commander testify during inquest's second half 09/12/2006
TS The last inquest - Moore shooting circumstances far more complicated 09/12/2006
TS Witnesses begin testifying in Moore case 09/12/2006
TS Witnesses from the First Day of the Moore Inquest 09/12/2006
TS 'I was scared' - Officers who fired fatal shots testify 09/13/2006
TS Incident commander testifies at coroner's inquest 09/13/2006
TS Witnesses from the Third Day of the Moore Inquest 09/14/2006
ER NINE MORE TAKE THE STAND 9/14/2006
TS Officer, chief take stand in Moore inquest 09/14/2006
ER Final nine testify at coroner's inquest 9/15/2006
TS Jury makes three recommendations after inquest 09/15/2006

And then the tortuous delay fraught with threats - Rumors, Leaks, and the path leading to a Grand Jury Indictment:
ER A grim anniversary passes without resolution 4/13/2007
ER Closure necessary in Cheri Moore shooting 4/13/2007
ER Civil rights suit filed in standoff death 6/14/2007
TS Gallegos: Retrial will 'likely' delay Moore decision 07/13/2007
TS Countdown to a decision 07/23/2007
ER Moore case headed to grand jury? 9/11/2007
ER DA considers grand jury investigation of Cheri Moore's death 10/12/2007

The indictments:
TS Police Chief hopes grand jury proceedings are made public 11/08/2007
TS Grand Jury will indict two police commanders, says source (with archived video) 12/05/2007
TS Untested waters: Case against police commanders likely to hinge on 'criminal negligence,' expert says 12/06/2007
TS What is a criminal grand jury?12/06/2007
TS Who owns the 'facts'? 12/11/2007
TS EPD, other law enforcement turn out to support Zanotti, Douglas 12/11/2007
TS Arraignment in Moore case postponed (with video) Dozens show up to support former chief, lieutenant 12/11/2007
TS Moore Case Facts 12/11/2007
TS Gallegos to handle police prosecution 12/13/2007
link
TS Dikeman vs. Gallegos, Round 3? 12/16/2007
TS City could face hefty bill for Douglas' defense 12/18/2007
ER City to assist with costs of former police chief's defense 12/18/2007
TS Ex-chief garners $75K for his defense 12/21/2007
TS State police chiefs association president responds to indictments 12/24/07

Letters:
ER Ltr Everyone needs to be treated with compassion, respect 4/19/2006
ER Ltr Don't rush to judgment in police shooting 4/19/2006
ER Ltr Humboldt County's dedicated officers deserve better 4/20/2006
ER Ltr Joseph Humble should not have passed judgment 4/20/2006
ER Ltr Writer ashamed of police action in Friday shooting 4/21/2006
ER Ltr Patience, kindness would have worked in police shooting 4/21/2006
ER Ltr Was there quick justice in shooting of Eureka resident? 4/26/2006
ER Ltr Accounting of Cheri Moore killing necessary 5/13/2006
ER Ltr Why we're blessed to have Paul Gallegos
ER Ltr Where's the outrage over this death? 5/31/2006

TS Anti-establishment publicity stunt 12/18/2007
TS http://www.times-standard.com//ci_7786161 12/22/2007
ER Ltr Police officers put their lives on the line for public's safety 12/20/2007
TS Blue lights can show support 12/21/2007
ER Ltr What does the DA expect to gain from police indictments? 12/27/2007
ER Ltr “Dear Chief Garr Nielsen and the EPD,

Note: The Times Standard's Letters to the Editor were not available online until recently. Those letters as well as other coverage in The Arcata Eye and
The McKinleyville Press, and The Independent could be accessed through traditional channels in the Library.

The Eureka Reporter's new website meant a major transfer of all articles to new urls. I'm trying to update all links. If you find one that isn't working please email watchpaul.blogspot@gmail.com.

Three articles today

Three new articles on the Cheri Moore/possible Grand Jury indictments, including two excellent pieces from the Times Standard are posted below. I didn't edit or excerpt, so you'll have to do a bit of scrolling.

Other blog discussion:
Greg & Carol's Place
SoHum Parlance
...More from Eric... (I don't agree with Eric, post explaining why is in the works.)

Negligence a key to involuntary manslaughter

URGENT ALERT! This case was TOSSED by the Judge - never made it to trial.
☛ ER http://eurekareporter.com/article/080826-judge-throws-out-douglas-zanotti-case
Feeney said the indictments the grand jury handed down to Douglas and Zanotti in December 2007 weren’t supported by probable cause. Insufficient evidence regarding the former leaders’ alleged failure to oversee other law enforcement was also presented to the grand jury, Feeney said, and instructions given on “exigent circumstances” were inadequate.
The grand jury should have also been instructed on justifiable homicide by law enforcement officials, Feeney said.
***
Original post: Negligence a key to involuntary manslaughter

Several experts interviewed about the Cheri Lyn Moore case and the indictments being handed up by the grand jury have remarked on just how unusual it is.

In particular, the officers directly involved in Moore's shooting are not being charged. The commanders who ordered the tactical operation are the ones being indicted for involuntary manslaughter. That's the unlawful killing of someone during a crime, or a legal act that leads to a death -- but one that is done negligently.

Peter Keane, a professor of law and dean emeritus at Golden Gate University School of Law in San Francisco, who has served as a legal analyst for CNN, the BBC and MSNBC, said it's clear the grand jury felt the commanders' decision was a negligent one.

”It seems clear the grand jury that indicted, and the district attorney that presided over it, feel the decision to enter the house was a faulty decision -- a wrong decision -- a negligent decision,” Keane said. “There must be some evidence from which the grand jury was able to determine the decision itself was a flawed one, and flawed to the extent of being negligent, and something a reasonable person would have known was going to result in death.”

The California Penal Code defines involuntary manslaughter as: “The unlawful killing of a human being in the commission of an unlawful act, not amounting to a felony; or the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection.”

Involuntary manslaughter is punishable by imprisonment in state prison for two, three or four years.

It differs from voluntary manslaughter. Voluntary manslaughter is killing intentionally, but without malice or premeditation. Generally that is a killing in the heat of the moment.

The 2007 Criminal Jury Instructions from the Judicial Council of California shows that to convict, the jury must find that the defendant:

* Committed a crime that posed a high risk of death or great bodily injury because of the way in which it was committed; or committed a lawful act, with criminal negligence.

And:

* The defendant's acts caused the death of another person.

Criminal negligence involves more than ordinary carelessness, inattention or mistake in judgment. It's when:

* The defendant acts in a reckless way that creates a high risk of death or great bodily injury.

And:

* A reasonable person would have known that acting in that way would create such a risk.

While Keane described negligence as “someone engaging in conduct that a reasonable person would not engage in,” he said the process of determining exactly what constitutes negligence varies greatly on a case-by-case basis.

”You can't really generalize,” he said. “You have to look collectively at the particular series of facts in each case.”

Times-Standard John Driscoll and Thadeus Greenson
Article Launched: 12/06/2007 01:27:31 AM PST

Untested waters: Case against police commanders likely to hinge on 'criminal negligence,' expert says

URGENT ALERT! This case was TOSSED by the Judge - never made it to trial.
☛ ER http://eurekareporter.com/article/080826-judge-throws-out-douglas-zanotti-case
Feeney said the indictments the grand jury handed down to Douglas and Zanotti in December 2007 weren’t supported by probable cause. Insufficient evidence regarding the former leaders’ alleged failure to oversee other law enforcement was also presented to the grand jury, Feeney said, and instructions given on “exigent circumstances” were inadequate.
The grand jury should have also been instructed on justifiable homicide by law enforcement officials, Feeney said.
***

Untested waters: Case against police commanders likely to hinge on 'criminal negligence,' expert says

The expected grand jury indictments of former Eureka Police Chief David Douglas and Lt. Tony Zanotti would be unprecedented ground for Humboldt County, and possibly the nation.

”This is the first time I've heard of an indictment of police officers in the command aspect of a situation who weren't actually involved in the shootings themselves,” said Golden Gate University School of Law Professor and Dean Emeritus Peter Keane, who has served as a legal analyst for CNN, the BBC and MSNBC and is former vice-president of the State Bar of California.

”Generally,” Keane continued, “when you do see prosecution of police for unusual use of force or manslaughter, it's the officers that are actually involved in the shooting.”

A source familiar with the grand jury proceedings told the Times-Standard Tuesday the jury will hand up indictments of involuntary manslaughter to Douglas and Zanotti, who are scheduled to be arraigned Monday. The source requested anonymity, due to the secrecy of the proceedings.

Messages seeking comment from Humboldt County District Attorney Paul Gallegos had not been returned as of Wednesday evening.

Moore, who had a history of mental illness, was shot and killed April 14, 2006, by Eureka police officers in her second story apartment at Fifth and G streets. During the preceding two hour standoff, Moore brandished a flare gun, threw things from her second-story window and threatened to burn down the building.

Police have said they believed Moore had put down the flare gun when the decision was made to storm her apartment. Upon entering, officers said they came face to face with Moore, who was pointing the flare gun at them. Officers shot Moore several times.

Part of what is interesting about the grand jury's decision, according to Keane, is that it chose not to indict EPD officer Rocky Harpham and Sgt. Michael Johnson, who fired the fatal shots.

In an interview Wednesday, Eureka Police Chief Garr Nielsen said he felt that decision was the right one. But, like Keane, Nielsen said in his almost 30 years in law enforcement he has never heard of indictments being handed up to commanding officers after an officer-involved shooting.

”I think that this decision by the grand jury is going to have far-reaching impacts on command personnel in tactical operations all over the state, and maybe even the nation,” Nielsen said.

While Nielsen said this can serve as an important reminder to command officers in tactical situations of the possible effects of their decisions, he said losing a human life is enough to hammer that point home.

Nielsen said he is confident the decisions Zanotti and Douglas made did not amount to a criminal act, and he has faith in the justice system.

”We need to remember there is a presumption of innocence,” Nielsen said. “Even though it is a drain to have this potential indictment hanging over us, they are innocent until proven guilty by a jury.”

Nielsen said he felt his organization had turned a corner in recent months, but this has picked at old wounds and had an impact on morale. He made clear Wednesday he stands by his officers, saying he would not place Zanotti on administrative leave.

”In no way do I believe he is a threat to the community,” Nielsen said, adding his only change would be to keep Zanotti out of the role as a site commander. Even that decision, Nielsen said, has nothing to do with his confidence in the lieutenant, and is only intended to protect him.

Also reached Wednesday, Eureka City Attorney Sheryl Schaffner said she hadn't received any official word on the indictment from the DA's office.

”Until we do, it's just speculation,” she said.

But generally speaking, she said the City Council is authorized -- but not required -- to provide for the defense of an active employee who was acting in the course of his duties. That would mean hiring a criminal defense attorney to defend them, she said.

Zanotti may also be a member of the Police Officers Research Association of California, which has a legal defense fund. An e-mail inquiry to the association's president, Ron Cottingham, was not returned by deadline.

Humboldt County Sheriff's Department spokeswoman Brenda Godsey said she had no response to the indictment, at least until it's made officially public.

Gordon Kaupp, an attorney representing Moore's son, David Moore, in a civil case against the city and the involved officers, said news of the indictments came as a surprise to David Moore, who had essentially lost faith in the DA's office.

While he said he felt the individual officers involved should also face indictments, Kaupp said he felt the decision to indict the commanding officers was a good one.

”The thing here is the grand jury recognized that they should have never stormed the apartment,” he said, adding that, if anything, Moore's putting the flare gun down should have been seen as a sign of de-escalation rather than reason to move in. “Clearly, the decision makers put the shooters in the position to shoot when they had them in the position to enter the apartment.”

Down in San Francisco, Keane had a similar take.

He said it is likely the grand jury felt officers should have waited it out longer, made more attempts to negotiate or tried using non-lethal means, like tear gas.

”Once there was that decision to enter into the house, and there is someone in there with the possession of a weapon, it's almost a certainty that they are going to have to kill that person,” Keane said.

Arcata Police Chief Randy Mendoza was surprised by the news, saying he'd heard of civil lawsuits against police leadership, but not criminal charges against commanding officers. Mendoza said he's not intimately familiar with the facts of the case, but expected indictments in such a situation could create concerns for law enforcement.

”It's hard enough to fill police chief jobs in California,” Mendoza said.

Thadeus Greenson and John Driscoll The Times-Standard
Article Launched: 12/06/2007 01:32:04 AM PS

Grand Jury leaks

URGENT ALERT! This case was TOSSED by the Judge - never made it to trial.
☛ ER http://eurekareporter.com/article/080826-judge-throws-out-douglas-zanotti-case
Feeney said the indictments the grand jury handed down to Douglas and Zanotti in December 2007 weren’t supported by probable cause. Insufficient evidence regarding the former leaders’ alleged failure to oversee other law enforcement was also presented to the grand jury, Feeney said, and instructions given on “exigent circumstances” were inadequate.
The grand jury should have also been instructed on justifiable homicide by law enforcement officials, Feeney said.
***
Original post: EPD officers to face indictments in death of Cheri Moore?

Officials in the Eureka Police Department and District Attorney’s Office would not confirm Wednesday two EPD officers are to be indicted and arraigned Monday by the criminal grand jury investigating the death of Cheri Lyn Moore.

The Times-Standard reported Wednesday, citing an anonymous source familiar with the grand jury proceedings, that the jury will be indicting former Eureka Police Chief Dave Douglas and Lt. Tony Zanotti.

As reported in The Eureka Reporter, Moore, 48, was shot and killed April 14, 2006, by Eureka police officers after brandishing a flare gun during a standoff that lasted approximately two-and-one-half hours.

Assistant DA Wes Keat said if an indictment was made, it is still secret.

“It’s a crime, in fact, to reveal such material until it has been made public,” he said.

Keat said he couldn’t go into particulars of the case and was unable to comment how revealing an indictment could potentially effect the investigation.

If an indictment does come to court, the DA’s Office will be able to comment, he said.

Eureka Police Chief Garr Nielsen said he was not aware of the indictments, only what he had read in the newspaper.

Nielsen said if it is true Zanotti and Douglas are indicted, it will have a potentially far-reaching impact.

In 30 years of law enforcement, Nielsen said this would be the first time he is aware of commanders in a situation like the Moore case being charged in a criminal grand jury investigation.

Even if they are indicted, they are still innocent until they go to trial and are proven guilty, he added.

“All it is at this point is an allegation,” he said.

Nielsen said the Moore incident has been difficult for the department, but said the department has been on a positive track for the past several months.

He said he can’t imagine the announcement of the indictments having an impact on the grand jury proceedings unless it came from someone who had been admonished by a judge.

“I think this is going to be, certainly, a very important case,” Nielsen said, relative to the ability for the department to make decisions in similar situations.

Humboldt County Grand Jurors Association President Allan Edwards, who said he is not involved with the Moore criminal grand jury investigation, said impartiality is compromised when proceedings are revealed.

“In the past, grand juries have dismissed people for having loose lips,” he said.

Day 603

Grand Jury will indict two police commanders, says source
Arraignment on involuntary manslaughter charges expected Monday

EUREKA -- The criminal grand jury convened to look into the death of Cheri Lyn Moore will hand up indictments against former Eureka Police Chief David Douglas and incident commander Lt. Tony Zanotti, according to a source familiar with the proceedings.

Zanotti and Douglas are scheduled to be arraigned Monday on charges of involuntary manslaughter, according to the source, who requested anonymity because of the secrecy of the proceedings. If convicted, Zanotti and Douglas could face up to two to four years in prison.

District Attorney Paul Gallegos, who convened the grand jury, did not immediately return a late-evening phone call on Tuesday seeking comment.

Moore, who had a history of mental illness, was shot and killed April 14, 2006, by Eureka police officers in her second-story apartment at Fifth and G streets. During the preceding two-hour standoff, Moore brandished a flare gun, threw items from her window and threatened to burn down the building.

Police have said they believed Moore had put down the flare gun when the decision was made to storm her apartment. Upon entering, officers said they came face to face with Moore, who had the flare gun aimed at them. Officers then shot Moore multiple times.

Neither of the two officers who fired the fatal shots, former EPD Officer Rocky Harpham and Sgt. Michael Johnson, were indicted by the grand jury.

Diane Karpman, an ethics columnist for the California Bar Journal, said the charges suggest jurors found an absence of appropriate leadership in the incident. She said she wasn't surprised that the officers who actually shot Moore weren't indicted, since they were following orders. However, she called an indictment of the commanding officers in such an incident highly unusual.

”It's incredibly rare,” Karpman said.

During a coroner's inquest held in September 2006, Douglas and Zanotti testified about their involvement. Zanotti is still with the Eureka Police Department, while Douglas has since retired.

Douglas testified he did not take over command at the scene, but was ultimately responsible. He said there were concerns about a fire from the flare gun, and that it could move quickly because of a crawl space above Moore's apartment.

Zanotti also testified that he believed Moore's threats to burn down the building to be real, and that they needed to be taken seriously.

”There was a determination that we would have to ... she was an immediate threat to human life, to the building, to the officers and to the civilians surrounding the area,” Zanotti said during the inquest.

Zanotti, who acted as the incident commander, testified that several plans of action were made based on Moore's actions, but there was no discussion about bringing mental health personnel to the scene.

Former Massachusetts State Police commanding officer for ballistics and expert witness Ronald R. Scott said he'd never heard of similar charges being brought against incident leaders who made decisions that led to a shooting.

Most manslaughter charges against police officers are the result of a fatal crash during a high-speed chase, or a spur-of-the moment shooting, he said. Scott said he has reviewed the Eureka case and found the circumstances substantially different.

”This is where the department had control,” Scott said. “This wasn't a spontaneous incident.”

Scott said the case, once resolved, could help other police departments train to prevent similar incidents.

Day 586

URGENT ALERT! This case was TOSSED by the Judge - never made it to trial.
☛ ER http://eurekareporter.com/article/080826-judge-throws-out-douglas-zanotti-case
Feeney said the indictments the grand jury handed down to Douglas and Zanotti in December 2007 weren’t supported by probable cause. Insufficient evidence regarding the former leaders’ alleged failure to oversee other law enforcement was also presented to the grand jury, Feeney said, and instructions given on “exigent circumstances” were inadequate.
The grand jury should have also been instructed on justifiable homicide by law enforcement officials, Feeney said.
***
Original post: Moore grand jury taking this week, next off
EUREKA -- After being convened by the district attorney last week to decide whether charges should be pursued in the police shooting death of Cheri Lyn Moore, the criminal grand jury is taking a break this week and next week.

Day 574 And FINALLY, As expected....

URGENT ALERT! This case was TOSSED by the Judge - never made it to trial.
☛ ER http://eurekareporter.com/article/080826-judge-throws-out-douglas-zanotti-case
Feeney said the indictments the grand jury handed down to Douglas and Zanotti in December 2007 weren’t supported by probable cause. Insufficient evidence regarding the former leaders’ alleged failure to oversee other law enforcement was also presented to the grand jury, Feeney said, and instructions given on “exigent circumstances” were inadequate.
The grand jury should have also been instructed on justifiable homicide by law enforcement officials, Feeney said.
***
Original post: Unable to make a decision himself, Gallegos has finally done it:

Grand Jury convenes in Moore case

EUREKA -- The Humboldt County District Attorney's Office convened a criminal grand jury Monday to decide whether to bring charges in the death of Cheri Lyn Moore, who was shot by Eureka police after a 2006 standoff.

District Attorney Paul Gallegos has said he was considering such a move for months but because grand jury proceedings are held in secret by law, he did not commit to making such a move. Gallegos said Monday that the judge ruled the court would remain closed, and he consequently couldn't comment any further on the day's proceedings...

No reason to have these as secret deliberations.