◼ Gallegos campaign ad, I mean, "My Word"
◼ Universal justice is not universally popular
Paul V. Gallegos/For the Times-Standard
Posted: 06/24/2010 01:37:11 AM PDT
I want to send a heartfelt thank you to everyone who made our spring campaign a success. It would not have been possible without each and every one of you who volunteered, donated and endorsed. Thank you for all you have given and the many hours of hard work and dedication you selflessly gave over the last several months. It is the sum of your very efforts that made our campaign successful.
I am grateful for the votes and affirmation I received, and to those who did not vote for me, I want you to know that I have heard your voices and I intend to redouble my efforts to earn your votes in November.
Joanie and I moved here about 15 years ago, and fell in love with this remarkable community. Eight years ago I ran for district attorney on a platform of Justice For All -- including those historically neglected by the justice system such as children, victims of domestic violence, people of color, and victims of corporate fraud -- and for modernization. It's hard to believe now, but when I inherited the office, criminal case information was kept on index cards-- not computers.
Since then, my office has aggressively prosecuted the powerful -- even when it's been unpopular. My office prosecuted Maxxam/PL on evidence of fraud. We prosecuted Blue Lake's police chief for multiple felonies including illegal weapons. We prosecuted an oil company and won a major settlement to protect our drinking water.
But universal justice is not universally popular, and some would rather go back to how things used to be. This would be a mistake.
When I came to office, the murder of Blue Lake teen Curtis Huntzinger was still unsolved after 18 years. It was presumed to be unsolvable. But my investigators cracked the case and obtained a full confession from his murderer, Steven Daniel Hash.
During the campaign, one of my opponents made the disturbing accusation that I had let a child abuser off with a slap on the wrist. It was odd because she, under the previous office, had handled the case back in 2000, and should have known the original sentence was overturned on appeal; my office had to re-prosecute it anew in 2004, and the perpetrator was sentenced to eight years in prison.
I'll be the first to admit how much I've learned in the past eight years. Delivering justice to all is not easy. Behind the big publicity stories are thousands of small success stories and dozens of daily tragedies. We can't bring back loved ones -- but we can prosecute to the full extent of the law with the best evidence we have, which is what we do.
We cannot go back to how things were; the improvements and progress we've achieved over the last eight years are simply too precious to give up.
I ask for your support on my campaign as we move toward a November victory. For more information, go to votepaul.org.
Paul V. Gallegos is the Humboldt County district attorney.
Where to begin.
Showing posts with label Gallegos/Gundersen. Show all posts
Showing posts with label Gallegos/Gundersen. Show all posts
Thursday, June 24, 2010
Wednesday, June 23, 2010
Grand theft charge dismissed against former Blue Lake police chief
◼ Grand theft charge dismissed against former Blue Lake police chief
The grand theft case that followed former Blue Lake Police Chief David Gundersen's 2008 acquittal on spousal rape and weapons charges has been dismissed by a Humboldt County Superior Court judge....
The trial on the grand theft case was delayed several times -- in part due to Gundersen's apparently serious health problem -- and on Friday, Judge Bruce Watson dismissed the matter.
Gundersen's attorney Russell Clanton said that it was inappropriate that the case had gone forward at all. He said that District Attorney Paul Gallegos only filed it after Gundersen was acquitted in the other case.
”Filing this case was just sour grapes,” Clanton said, “that's all it was.”
Watson was acting on a Kellett motion filed by Clanton. The Kellett rule holds that all offenses that flow from the same act must be charged together.
Gallegos said that his office was not aware of Trinidad law enforcement's investigation into the alleged grand theft until after Gundersen's earlier case was closed.
”There were no sour grapes,” Gallegos said. “Frankly, what there was evidence of a crime that was brought too late.”
He said that Gundersen had no factual defense -- that he stole the guns from Trinidad. Gallegos said that his office did not oppose Clanton's motion because of Gundersen's health, which called into question whether he would ever be tried....
(Prior to this) The jury in that case acquitted Gundersen of 24 counts of rape and convicted him of 11 counts of misdemeanor battery, which were set aside due to the statute of limitations.
The district attorney's office filed the grand theft charge weeks after the case wrapped up....
◼ Links to GUNDERSEN coverage
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
The grand theft case that followed former Blue Lake Police Chief David Gundersen's 2008 acquittal on spousal rape and weapons charges has been dismissed by a Humboldt County Superior Court judge....
The trial on the grand theft case was delayed several times -- in part due to Gundersen's apparently serious health problem -- and on Friday, Judge Bruce Watson dismissed the matter.
Gundersen's attorney Russell Clanton said that it was inappropriate that the case had gone forward at all. He said that District Attorney Paul Gallegos only filed it after Gundersen was acquitted in the other case.
”Filing this case was just sour grapes,” Clanton said, “that's all it was.”
Watson was acting on a Kellett motion filed by Clanton. The Kellett rule holds that all offenses that flow from the same act must be charged together.
Gallegos said that his office was not aware of Trinidad law enforcement's investigation into the alleged grand theft until after Gundersen's earlier case was closed.
”There were no sour grapes,” Gallegos said. “Frankly, what there was evidence of a crime that was brought too late.”
He said that Gundersen had no factual defense -- that he stole the guns from Trinidad. Gallegos said that his office did not oppose Clanton's motion because of Gundersen's health, which called into question whether he would ever be tried....
(Prior to this) The jury in that case acquitted Gundersen of 24 counts of rape and convicted him of 11 counts of misdemeanor battery, which were set aside due to the statute of limitations.
The district attorney's office filed the grand theft charge weeks after the case wrapped up....
◼ Links to GUNDERSEN coverage
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
Tuesday, March 17, 2009
Ongoing Saga - UPDATED
Be remiss not to post this
☛ TS Gundersen pleads not guilty
”There's no merit to these charges -- it's that simple,” Clanton said after Friday's arraignment.
☛ riodelltimes People vs. David Gundersen Part II
Judge Cissna patiently listened to the blunt statements from David Gundersen’s defense attorney Russell Clanton. Clanton emphatically states that Mr. Gundersen is “not guilty! .. and we also deny the special allegations.” While discussing an intervention hearing Clanton declared “no disrespect your Honor, it is pointless. There is no criminal liability for my client and it is just that simple.” Clanton also mentions that he has notified the District Attorney’s office that there has been an appeal filed on the earlier conviction.
Representing the people, Deputy District Attorney Mary McCarthy stood in for DA Paul Gallegos. She indicated that Gallegos will be making the decisions on the case, including the intervention hearing. Note: the intervention hearing is not open to the public. The hearing will be March 30th at 3pm. Judge Cissna ordered Mr Gallegos or the person making the decisions be present at the next hearing.
Other important dates: May 6th at 3pm will be a trial confirmation hearing with the trial starting May 18th.... ☛ riodelltimes read the rest
Full saga
UPDATE:
◼ Grand theft charge dismissed against former Blue Lake police chief
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
☛ TS Gundersen pleads not guilty
”There's no merit to these charges -- it's that simple,” Clanton said after Friday's arraignment.
☛ riodelltimes People vs. David Gundersen Part II
Judge Cissna patiently listened to the blunt statements from David Gundersen’s defense attorney Russell Clanton. Clanton emphatically states that Mr. Gundersen is “not guilty! .. and we also deny the special allegations.” While discussing an intervention hearing Clanton declared “no disrespect your Honor, it is pointless. There is no criminal liability for my client and it is just that simple.” Clanton also mentions that he has notified the District Attorney’s office that there has been an appeal filed on the earlier conviction.
Representing the people, Deputy District Attorney Mary McCarthy stood in for DA Paul Gallegos. She indicated that Gallegos will be making the decisions on the case, including the intervention hearing. Note: the intervention hearing is not open to the public. The hearing will be March 30th at 3pm. Judge Cissna ordered Mr Gallegos or the person making the decisions be present at the next hearing.
Other important dates: May 6th at 3pm will be a trial confirmation hearing with the trial starting May 18th.... ☛ riodelltimes read the rest
Full saga
UPDATE:
◼ Grand theft charge dismissed against former Blue Lake police chief
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
Wednesday, February 25, 2009
Gundersen saga continues, going into March - UPDATED
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
☛ TS Gundersen held to answer to theft charge
Former Blue Lake Police Chief David Ray Gundersen was held to stand trial today on a single charge of felony grand theft, stemming from his days as Trinidad's chief of police.
Humboldt County Superior Court Judge Bruce Watson ruled today that there is sufficient evidence to hold Gundersen to stand trial on the charge, which alleges that he took five firearms out of Trinidad Police Department evidence and traded them, along with other guns, for a submachine gun and a silencer -- weapons Gundersen was convicted of possessing illegally in December.
Current Trinidad Police Chief Ken Thrailkill was the sole witness called to testify at the preliminary hearing. Gundersen is due back in court March 11 for an arraignment.
UPDATE:
◼ Grand theft charge dismissed against former Blue Lake police chief
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
☛ TS Gundersen held to answer to theft charge
Former Blue Lake Police Chief David Ray Gundersen was held to stand trial today on a single charge of felony grand theft, stemming from his days as Trinidad's chief of police.
Humboldt County Superior Court Judge Bruce Watson ruled today that there is sufficient evidence to hold Gundersen to stand trial on the charge, which alleges that he took five firearms out of Trinidad Police Department evidence and traded them, along with other guns, for a submachine gun and a silencer -- weapons Gundersen was convicted of possessing illegally in December.
Current Trinidad Police Chief Ken Thrailkill was the sole witness called to testify at the preliminary hearing. Gundersen is due back in court March 11 for an arraignment.
UPDATE:
◼ Grand theft charge dismissed against former Blue Lake police chief
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
Thursday, December 11, 2008
Gundersen pleads not guilty to felony grand theft - UPDATED
◼ Gundersen pleads not guilty to felony grand theft
Gundersen waived time for a speedy trial. His intervention hearing is scheduled for Jan 7. and his preliminary hearing is scheduled for Jan. 16.
UPDATE:
◼ Grand theft charge dismissed against former Blue Lake police chief
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
Gundersen waived time for a speedy trial. His intervention hearing is scheduled for Jan 7. and his preliminary hearing is scheduled for Jan. 16.
UPDATE:
◼ Grand theft charge dismissed against former Blue Lake police chief
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
Friday, November 28, 2008
Gundersen's arraignment continued UPDATED 2X
Wednesday's arraignment was continued because the District Attorney's Office left the word “feloniously” off the criminal complaint it filed against Gundersen, which caused some confusion as to whether the theft was being charged as a felony or a misdemeanor.
Assistant District Attorney Wes Keat said that because the charge involves the theft of firearms, it can only be charged as a felony. The criminal complaint will be amended, Keat said, and the word “feloniously” will be included. ☛ TS ...read the rest.
UPDATE:
◼ Grand theft charge dismissed against former Blue Lake police chief
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
Assistant District Attorney Wes Keat said that because the charge involves the theft of firearms, it can only be charged as a felony. The criminal complaint will be amended, Keat said, and the word “feloniously” will be included. ☛ TS ...read the rest.
UPDATE:
◼ Grand theft charge dismissed against former Blue Lake police chief
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
Saturday, November 22, 2008
No wonder Gallegos is on vacation w/Update 2X
And Keat is left to answer questions. Gundersen, probation, the 11 Battery convictions dropped, pending rape charges dropped.
☛ TS Gundersen given probation for firearms convictions
A Humboldt County Superior Court judge sentenced former Blue Lake Police Chief David Gundersen to four years probation Friday, for a pair of September convictions of illegally possessing a submachine gun and a pistol with a silencer.
Gundersen faced a maximum sentence of three years and eight months in prison for the convictions, but Judge Bruce Watson found that unusual circumstances surrounded the convictions which would normally carry a presumption of ineligibility for probation.
Watson also ruled in favor of a defense motion seeking to set aside 11 misdemeanor battery convictions, ruling that the convictions were time-barred by statutes of limitations.
Prior to Friday's sentencing hearing, Gundersen was arraigned on a felony charge of grand theft by a public official and pleaded not guilty. He is due back in court next week.
In addition: After an April preliminary hearing, Gundersen was also held to stand trial on allegations that he raped his then live-in girlfriend in 1999 and acted unlawfully with department records, but a judge ruled those charges would be tried separately.
In court Friday, the District Attorney's Office also announced it will not proceed with those charges.
”My instructions are that the people don't intend to proceed with those counts, so I request that they be dismissed in the interest of justice,” Assistant District Attorney Wes Keat told the court.
☛ TS Gundersen's arraignment continued
Former Blue Lake Police Chief David Gundersen's arraignment on a charge of felony grand theft was continued Wednesday to Dec. 10.
Gundersen, who stands accused of taking firearms out of Trinidad Police Department evidence and trading them, along with other guns, for a submachine gun and a silencer, pleaded not guilty to the charge at a court hearing last week.
Wednesday's arraignment was continued because the District Attorney's Office left the word “feloniously” off the criminal complaint it filed against Gundersen, which caused some confusion as to whether the theft was being charged as a felony or a misdemeanor.
Assistant District Attorney Wes Keat said that because the charge involves the theft of firearms, it can only be charged as a felony. The criminal complaint will be amended, Keat said, and the word “feloniously” will be included.
When Gundersen returns to court for his Dec. 10 arraignment, he will also tie up some loose ends from his previous case, which saw him convicted of illegally possessing both a submachine gun and a pistol with a silencer.
Last week, Superior Court Judge Bruce Watson sentenced Gundersen to four years probation for the charges, the terms and conditions of which will be set Dec. 10.
As to the new charges, Gundersen's attorney Russell Clanton said he has some concerns as to why the charges are only now surfacing more than six months after Gundersen's initial arrest -- concerns he said will be the subject of a motion in the near future.
UPDATE:
◼ Grand theft charge dismissed against former Blue Lake police chief
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
☛ TS Gundersen given probation for firearms convictions
A Humboldt County Superior Court judge sentenced former Blue Lake Police Chief David Gundersen to four years probation Friday, for a pair of September convictions of illegally possessing a submachine gun and a pistol with a silencer.
Gundersen faced a maximum sentence of three years and eight months in prison for the convictions, but Judge Bruce Watson found that unusual circumstances surrounded the convictions which would normally carry a presumption of ineligibility for probation.
Watson also ruled in favor of a defense motion seeking to set aside 11 misdemeanor battery convictions, ruling that the convictions were time-barred by statutes of limitations.
Prior to Friday's sentencing hearing, Gundersen was arraigned on a felony charge of grand theft by a public official and pleaded not guilty. He is due back in court next week.
In addition: After an April preliminary hearing, Gundersen was also held to stand trial on allegations that he raped his then live-in girlfriend in 1999 and acted unlawfully with department records, but a judge ruled those charges would be tried separately.
In court Friday, the District Attorney's Office also announced it will not proceed with those charges.
”My instructions are that the people don't intend to proceed with those counts, so I request that they be dismissed in the interest of justice,” Assistant District Attorney Wes Keat told the court.
☛ TS Gundersen's arraignment continued
Former Blue Lake Police Chief David Gundersen's arraignment on a charge of felony grand theft was continued Wednesday to Dec. 10.
Gundersen, who stands accused of taking firearms out of Trinidad Police Department evidence and trading them, along with other guns, for a submachine gun and a silencer, pleaded not guilty to the charge at a court hearing last week.
Wednesday's arraignment was continued because the District Attorney's Office left the word “feloniously” off the criminal complaint it filed against Gundersen, which caused some confusion as to whether the theft was being charged as a felony or a misdemeanor.
Assistant District Attorney Wes Keat said that because the charge involves the theft of firearms, it can only be charged as a felony. The criminal complaint will be amended, Keat said, and the word “feloniously” will be included.
When Gundersen returns to court for his Dec. 10 arraignment, he will also tie up some loose ends from his previous case, which saw him convicted of illegally possessing both a submachine gun and a pistol with a silencer.
Last week, Superior Court Judge Bruce Watson sentenced Gundersen to four years probation for the charges, the terms and conditions of which will be set Dec. 10.
As to the new charges, Gundersen's attorney Russell Clanton said he has some concerns as to why the charges are only now surfacing more than six months after Gundersen's initial arrest -- concerns he said will be the subject of a motion in the near future.
UPDATE:
◼ Grand theft charge dismissed against former Blue Lake police chief
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
Friday, November 21, 2008
Gundersen faces new charge - UPDATED 2X
☛ TS Gundersen faces new charge
The Humboldt County District Attorney's Office filed a new criminal complaint against former Blue Lake Police Chief David Ray Gundersen on Thursday, alleging one felony count of theft by a public official.
”The new charge arises from alleged misconduct, also involving firearms, uncovered in an investigation by the Trinidad Police Department,” Assistant District Attorney Wes Keat wrote in an e-mail to the Times-Standard.
Gundersen was acquitted of two dozen spousal rape charges in September, but convicted on 11 lesser counts of battery, a count of violating a court order and two felony charges of illegally possessing a submachine gun and a pistol with a silencer.
He is due to be sentenced on those convictions at a hearing today, when a judge is also expected to hear oral arguments over a defense motion seeking a retrial and the dismissal of some of the convictions. Keat said Gundersen will also be arraigned on the new charge during today's court appearance.
Rather than follow Trinidad's charging recommendations, the DA's Office opted to instead charge a sole felony grand theft count for all the Trinidad firearms involved in the alleged Cinema Weaponry trade. The evidence tampering charges weren't pursued, likely due to the statute of limitations for misdemeanor charges.
If convicted on the felony grand theft charge, Gundersen would face a maximum of three years in prison.
On the issue of his prior case, his attorney Clanton filed a motion on Nov. 12 alleging that jury errors, insufficient evidence, issues with statutes of limitations and improper argument and questioning by District Attorney Paul Gallegos resulted in prejudiced jury verdicts that should be thrown out or, at least, retried.
In a four-page response, Keat argues that the verdicts are supported by evidence and that Clanton's statute of limitations argument is ill timed, and should have come during jury instructions.
”The defendant's motion is without merit,” Keat concludes in the filed response....
...Gallegos is currently out of the office for the week, but Keat said the DA's Office will be prepared to have Gundersen arraigned today, and will argue that his convictions should stand....
UPDATE:
◼ Grand theft charge dismissed against former Blue Lake police chief
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
The Humboldt County District Attorney's Office filed a new criminal complaint against former Blue Lake Police Chief David Ray Gundersen on Thursday, alleging one felony count of theft by a public official.
”The new charge arises from alleged misconduct, also involving firearms, uncovered in an investigation by the Trinidad Police Department,” Assistant District Attorney Wes Keat wrote in an e-mail to the Times-Standard.
Gundersen was acquitted of two dozen spousal rape charges in September, but convicted on 11 lesser counts of battery, a count of violating a court order and two felony charges of illegally possessing a submachine gun and a pistol with a silencer.
He is due to be sentenced on those convictions at a hearing today, when a judge is also expected to hear oral arguments over a defense motion seeking a retrial and the dismissal of some of the convictions. Keat said Gundersen will also be arraigned on the new charge during today's court appearance.
Rather than follow Trinidad's charging recommendations, the DA's Office opted to instead charge a sole felony grand theft count for all the Trinidad firearms involved in the alleged Cinema Weaponry trade. The evidence tampering charges weren't pursued, likely due to the statute of limitations for misdemeanor charges.
If convicted on the felony grand theft charge, Gundersen would face a maximum of three years in prison.
On the issue of his prior case, his attorney Clanton filed a motion on Nov. 12 alleging that jury errors, insufficient evidence, issues with statutes of limitations and improper argument and questioning by District Attorney Paul Gallegos resulted in prejudiced jury verdicts that should be thrown out or, at least, retried.
In a four-page response, Keat argues that the verdicts are supported by evidence and that Clanton's statute of limitations argument is ill timed, and should have come during jury instructions.
”The defendant's motion is without merit,” Keat concludes in the filed response....
...Gallegos is currently out of the office for the week, but Keat said the DA's Office will be prepared to have Gundersen arraigned today, and will argue that his convictions should stand....
UPDATE:
◼ Grand theft charge dismissed against former Blue Lake police chief
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
Saturday, November 15, 2008
Recommended Gundersen charges stem back to old investigations - UPDATED TWICE
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
☛ TS http://www.times-standard.com/localnews/ci_10992456
Current Trinidad Police Chief Ken Thrailkill said Wednesday that his department is recommending Gundersen face charges of embezzlement, violating a court order, four counts of felony grand theft by a public official and four counts of evidence tampering.
Thrailkill said he started investigating the case when the District Attorney's Office turned up Trinidad Police Department evidence while searching the Blue Lake Police Department's evidence storage facility after Gundersen's Feb. 8 arrest on suspicion of spousal rape.
The investigation has spanned months, Thrailkill said, and the recommended charges stem from a pair of cases Gundersen investigated almost a decade ago in Trinidad.
In August of 1999, Gundersen arrested John Glenn Benson, who was later charged with selling marijuana and brandishing a firearm in a rude, angry or threatening manner, according to court records.
After Benson's sentencing, Superior Court Judge Dale Reinholtsen ordered that all the firearms in the case, except for two, be labeled a nuisance and confiscated for proper disposal.
According to court records, the two remaining guns, a MK4 303 rifle and a JC Higgins .22 caliber rifle, were ordered to be returned to the Trinidad Police Department.
According to Thrailkill, that never happened.
Even after Gundersen left the Trinidad Police Department to take the same position in Blue Lake in late 1999, he was still tasked with providing law enforcement for the sea-side town, as the two cities entered into a contract under which the Blue Lake Police Department covered Trinidad.
That contract was in place in April of 2000, when Gundersen investigated and arrested Floyd “Jim” Sharum, a former Trinidad city councilman and mayor.
”When we showed up to arrest (Sharum), he had a bag of marijuana and meth and a loaded .45 caliber handgun in a shoulder harness,” Gundersen told the North Coast Journal at the time.
Sharum was later charged with passing false checks, grand theft and possessing methamphetamine, firearms, hashish and a destructive device, according to court records. In January 2001, Sharum pleaded guilty to grand theft and possession of a controlled substance and was sentenced to spend more than two years in prison.
At the sentencing hearing, a Humboldt County Superior Court judge ordered that, because the terms of Sharum's plea prohibited him from owning guns, the firearms in the case be turned over to the Blue Lake Police Department -- save a pair of .22 caliber rifles that were ordered to be turned over to a third party.
According to Thrailkill, that too never happened.
UPDATE:
◼ Grand theft charge dismissed against former Blue Lake police chief
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
☛ TS http://www.times-standard.com/localnews/ci_10992456
Current Trinidad Police Chief Ken Thrailkill said Wednesday that his department is recommending Gundersen face charges of embezzlement, violating a court order, four counts of felony grand theft by a public official and four counts of evidence tampering.
Thrailkill said he started investigating the case when the District Attorney's Office turned up Trinidad Police Department evidence while searching the Blue Lake Police Department's evidence storage facility after Gundersen's Feb. 8 arrest on suspicion of spousal rape.
The investigation has spanned months, Thrailkill said, and the recommended charges stem from a pair of cases Gundersen investigated almost a decade ago in Trinidad.
In August of 1999, Gundersen arrested John Glenn Benson, who was later charged with selling marijuana and brandishing a firearm in a rude, angry or threatening manner, according to court records.
After Benson's sentencing, Superior Court Judge Dale Reinholtsen ordered that all the firearms in the case, except for two, be labeled a nuisance and confiscated for proper disposal.
According to court records, the two remaining guns, a MK4 303 rifle and a JC Higgins .22 caliber rifle, were ordered to be returned to the Trinidad Police Department.
According to Thrailkill, that never happened.
Even after Gundersen left the Trinidad Police Department to take the same position in Blue Lake in late 1999, he was still tasked with providing law enforcement for the sea-side town, as the two cities entered into a contract under which the Blue Lake Police Department covered Trinidad.
That contract was in place in April of 2000, when Gundersen investigated and arrested Floyd “Jim” Sharum, a former Trinidad city councilman and mayor.
”When we showed up to arrest (Sharum), he had a bag of marijuana and meth and a loaded .45 caliber handgun in a shoulder harness,” Gundersen told the North Coast Journal at the time.
Sharum was later charged with passing false checks, grand theft and possessing methamphetamine, firearms, hashish and a destructive device, according to court records. In January 2001, Sharum pleaded guilty to grand theft and possession of a controlled substance and was sentenced to spend more than two years in prison.
At the sentencing hearing, a Humboldt County Superior Court judge ordered that, because the terms of Sharum's plea prohibited him from owning guns, the firearms in the case be turned over to the Blue Lake Police Department -- save a pair of .22 caliber rifles that were ordered to be turned over to a third party.
According to Thrailkill, that too never happened.
UPDATE:
◼ Grand theft charge dismissed against former Blue Lake police chief
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
Thursday, November 13, 2008
Gundersen files motion to toss convictions - UPDATED
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
☛ TS Gundersen files motion to toss convictions
Former Blue Lake Police Chief David Gundersen's attorney filed a motion Wednesday challenging 13 of his client's 14 convictions.
The seven-page motion alleges that jury errors, insufficient evidence, issues with statutes of limitations and improper argument and questioning by District Attorney Paul Gallegos resulted in prejudiced jury verdicts that should be thrown out or, at least, retried.
Gundersen was arrested in February and stood trial on 28 charges, including two dozen counts of spousal rape with the use of an intoxicant, as well as charges of attempting to dissuade the victim of a crime, violating a court order and illegally possessing both a submachine gun and a pistol with a silencer.
After spending six weeks in court, a jury of five men and seven women acquitted Gundersen of the spousal rape charges, but returned guilty verdicts on 11 lesser charges of battery relating to nude photos Gundersen took of his wife, Darcie Seal, allegedly without her consent. The jury also convicted Gundersen on the two firearms charges.
...The motion filed Wednesday by Gundersen's attorney, Russell Clanton, first takes aim at his clients 11 battery convictions, saying the guilty verdicts were “contrary to both law and evidence.” ☛ TS read the rest
And, then there's this: ☛ TS Trinidad PD recommends theft charges against Gundersen
Trinidad Police Chief Ken Thrailkill said his department turned its investigative report into its former chief, David Ray Gundersen, over to the District Attorney's Office Wednesday, recommending that Gundersen be charged with theft, embezzlement and evidence tampering.
Gundersen is accused of taking firearms from the Trinidad Police Department's evidence locker while acting as police chief between 1997 and 1999, then allegedly trading them and other guns to Southern California's Cinema Weaponry in exchange for a Heckler & Koch MP5 submachine gun and a silencer -- the same weapons Gundersen was just convicted in September of illegally possessing, according to Thrailkill.
”Basically, he took the weapons without authorization from the city or the Police Department of Trinidad,” Thrailkill said. “Nobody had authorized him to, first of all, have those in his possession and, secondly, to trade Trinidad evidence for illegal firearms.”
UPDATE:
◼ Grand theft charge dismissed against former Blue Lake police chief
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
☛ TS Gundersen files motion to toss convictions
Former Blue Lake Police Chief David Gundersen's attorney filed a motion Wednesday challenging 13 of his client's 14 convictions.
The seven-page motion alleges that jury errors, insufficient evidence, issues with statutes of limitations and improper argument and questioning by District Attorney Paul Gallegos resulted in prejudiced jury verdicts that should be thrown out or, at least, retried.
Gundersen was arrested in February and stood trial on 28 charges, including two dozen counts of spousal rape with the use of an intoxicant, as well as charges of attempting to dissuade the victim of a crime, violating a court order and illegally possessing both a submachine gun and a pistol with a silencer.
After spending six weeks in court, a jury of five men and seven women acquitted Gundersen of the spousal rape charges, but returned guilty verdicts on 11 lesser charges of battery relating to nude photos Gundersen took of his wife, Darcie Seal, allegedly without her consent. The jury also convicted Gundersen on the two firearms charges.
...The motion filed Wednesday by Gundersen's attorney, Russell Clanton, first takes aim at his clients 11 battery convictions, saying the guilty verdicts were “contrary to both law and evidence.” ☛ TS read the rest
And, then there's this: ☛ TS Trinidad PD recommends theft charges against Gundersen
Trinidad Police Chief Ken Thrailkill said his department turned its investigative report into its former chief, David Ray Gundersen, over to the District Attorney's Office Wednesday, recommending that Gundersen be charged with theft, embezzlement and evidence tampering.
Gundersen is accused of taking firearms from the Trinidad Police Department's evidence locker while acting as police chief between 1997 and 1999, then allegedly trading them and other guns to Southern California's Cinema Weaponry in exchange for a Heckler & Koch MP5 submachine gun and a silencer -- the same weapons Gundersen was just convicted in September of illegally possessing, according to Thrailkill.
”Basically, he took the weapons without authorization from the city or the Police Department of Trinidad,” Thrailkill said. “Nobody had authorized him to, first of all, have those in his possession and, secondly, to trade Trinidad evidence for illegal firearms.”
UPDATE:
◼ Grand theft charge dismissed against former Blue Lake police chief
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
Wednesday, October 29, 2008
The latest on Gundersen - UPDATED
☛ TS Trinidad investigating Gundersen for weapons violations
Former Blue Lake Police Chief David Gundersen is currently under investigation by the Trinidad Police Department on suspicion of firearms violations.
District Attorney Paul Gallegos said he is aware of the investigation and that his office has been briefed on it.
”It was an independent investigation -- we didn't participate in it,” Gallegos said, adding that he is taking the investigation seriously. “Certainly, we are considering charges.” (...)
☛ ER Gundersen under investigation, again
(...) (Gallegos) said he wouldn’t go into details about the investigation, about which he was recently briefed
...The District Attorney’s Office has yet to receive that report.
...When contacted, TPD Police Chief Ken Thrailkill would only confirm that an investigation is under way and wouldn’t provide any other details into the investigation....
Gundersen’s attorney, Russell Clanton, couldn’t be reached for comment by deadline.
Guess we're waiting for details.
UPDATE:
◼ Grand theft charge dismissed against former Blue Lake police chief
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
Former Blue Lake Police Chief David Gundersen is currently under investigation by the Trinidad Police Department on suspicion of firearms violations.
District Attorney Paul Gallegos said he is aware of the investigation and that his office has been briefed on it.
”It was an independent investigation -- we didn't participate in it,” Gallegos said, adding that he is taking the investigation seriously. “Certainly, we are considering charges.” (...)
☛ ER Gundersen under investigation, again
(...) (Gallegos) said he wouldn’t go into details about the investigation, about which he was recently briefed
...The District Attorney’s Office has yet to receive that report.
...When contacted, TPD Police Chief Ken Thrailkill would only confirm that an investigation is under way and wouldn’t provide any other details into the investigation....
Gundersen’s attorney, Russell Clanton, couldn’t be reached for comment by deadline.
Guess we're waiting for details.
UPDATE:
◼ Grand theft charge dismissed against former Blue Lake police chief
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
Saturday, October 25, 2008
Gundersen back in jail, sentencing pushed back to next month - UPDATED
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
☛ ER Gundersen back in jail, sentencing pushed back to next month
☛ TS 'Arrogance': Judge sends Gundersen back to jail for missing hearing
Humboldt County Superior Court Judge Bruce Watson sent David Gundersen back to jail Friday after the former Blue Lake Police chief skipped a Wednesday sentencing hearing.
Gundersen was found guilty by a jury of battery and firearms charges on Sept. 24, and posted bail when Watson lowered it from $1.25 million to $50,000. But Watson on Friday expressed concern that Gundersen's absence on Wednesday suggests he might be a flight risk, and decided to remand him to jail and set bail at $200,000.
”I wonder if it is in fact arrogance, a contempt for the proceeding or an attitude that what applies to others does not apply to him -- if that's the case, Mr. Gundersen should be remanded,” Watson said. “Obviously, the laws apply to all equally.”
Watson agreed to delay Gundersen's sentencing to Nov. 21.
☛ TS Blue Lake trying to shut down Gundersen's city e-mail
Blue Lake city staff have been trying -- with no luck so far -- to shut down an e-mail account started and apparently still used by their former Police Chief David Gundersen.
Staff have been trying to cancel the account “bluelakepd@aol.com” for the last few weeks, since it was brought to their attention. The account was originally set up to function as the e-mail address for the entire department, and is paid for by the city.
Originally started by Gundersen, he is the only one who has access to the account, and, according to more than one recipient, is still sending mail from that address.
Uhhh, guys, take the advice of the people in your comments section. Stop paying the bill. AOL will shut it down then, no problem. And Gundersen - gmail, hotmail and yahoo are all FREE. You should have your own email anyways. This is just silly.
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
☛ ER Gundersen back in jail, sentencing pushed back to next month
☛ TS 'Arrogance': Judge sends Gundersen back to jail for missing hearing
Humboldt County Superior Court Judge Bruce Watson sent David Gundersen back to jail Friday after the former Blue Lake Police chief skipped a Wednesday sentencing hearing.
Gundersen was found guilty by a jury of battery and firearms charges on Sept. 24, and posted bail when Watson lowered it from $1.25 million to $50,000. But Watson on Friday expressed concern that Gundersen's absence on Wednesday suggests he might be a flight risk, and decided to remand him to jail and set bail at $200,000.
”I wonder if it is in fact arrogance, a contempt for the proceeding or an attitude that what applies to others does not apply to him -- if that's the case, Mr. Gundersen should be remanded,” Watson said. “Obviously, the laws apply to all equally.”
Watson agreed to delay Gundersen's sentencing to Nov. 21.
☛ TS Blue Lake trying to shut down Gundersen's city e-mail
Blue Lake city staff have been trying -- with no luck so far -- to shut down an e-mail account started and apparently still used by their former Police Chief David Gundersen.
Staff have been trying to cancel the account “bluelakepd@aol.com” for the last few weeks, since it was brought to their attention. The account was originally set up to function as the e-mail address for the entire department, and is paid for by the city.
Originally started by Gundersen, he is the only one who has access to the account, and, according to more than one recipient, is still sending mail from that address.
Uhhh, guys, take the advice of the people in your comments section. Stop paying the bill. AOL will shut it down then, no problem. And Gundersen - gmail, hotmail and yahoo are all FREE. You should have your own email anyways. This is just silly.
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
Wednesday, October 22, 2008
Gundersen fails to show up for court hearing - UPDATED
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
Gundersen fails to show up for court hearing
(...) A warrant will be issued for his arrest, and $200,000 bail set, if he does not show up for a rescheduled hearing Friday.
Attorney Russell Clanton said that Gundersen was on the road from Newport Beach, where he was visiting his ill mother. (...)
Gundersen a no-show at hearing
(...) Clanton said he also plans to file a motion for a new trial, after speaking with jury members about their findings in the case. That motion will likely be heard before Gundersen's sentencing.
"Certainly you don't go to sentencing until you have the motion for a new trial filed," Clanton said. (...)
Gundersen a no-show for scheduled sentencing
(...) After the hearing, Humboldt County District Attorney Paul Gallegos said Gundersen hasn’t met with the probation officer yet, which is necessary in generating the report that the judge will use in determining his sentence.
“I don’t think he’s going to do anything to facilitate the process,” Gallegos said. “Mr. Gundersen thinks he’s above the law — I invite him not to show up Friday. (...)”
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
Gundersen fails to show up for court hearing
(...) A warrant will be issued for his arrest, and $200,000 bail set, if he does not show up for a rescheduled hearing Friday.
Attorney Russell Clanton said that Gundersen was on the road from Newport Beach, where he was visiting his ill mother. (...)
Gundersen a no-show at hearing
(...) Clanton said he also plans to file a motion for a new trial, after speaking with jury members about their findings in the case. That motion will likely be heard before Gundersen's sentencing.
"Certainly you don't go to sentencing until you have the motion for a new trial filed," Clanton said. (...)
Gundersen a no-show for scheduled sentencing
(...) After the hearing, Humboldt County District Attorney Paul Gallegos said Gundersen hasn’t met with the probation officer yet, which is necessary in generating the report that the judge will use in determining his sentence.
“I don’t think he’s going to do anything to facilitate the process,” Gallegos said. “Mr. Gundersen thinks he’s above the law — I invite him not to show up Friday. (...)”
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
Monday, September 29, 2008
Attorney: Gundersen to post bail today - UPDATED
☛ TS Bail lowered from $1.25 million to $50,000 at a hearing this afternoon.
☛ ER Gundersen to be released from jail tonight
On Friday, Watson dismissed the emergency protective order placed on Gundersen follow his preliminary hearing in April, which prohibited him from contacting Seal.
Gundersen will be sentenced on Oct. 22 and faces at worst three years, eight months in prison, mostly related to the firearm charges.
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
☛ ER Gundersen to be released from jail tonight
On Friday, Watson dismissed the emergency protective order placed on Gundersen follow his preliminary hearing in April, which prohibited him from contacting Seal.
Gundersen will be sentenced on Oct. 22 and faces at worst three years, eight months in prison, mostly related to the firearm charges.
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
Saturday, September 27, 2008
His own words...
★ "...Top on Gallegos' list is the proliferation of "garbage cases," small-time crimes and overcharged cases that he said are clogging up the court system.
Garbage cases, said Gallegos, come in two forms: Cases that would lose if actually brought to trial and cases that are overcharged for the crimes committed. The idea behind filing both kinds of garbage, he said, is to get the defendant to plead guilty, netting a conviction without having to go into court.
"Probably 95 percent of the cases that are filed plead guilty. In fact, there are a lot of cases that are filed on the assumption they will plead guilty, because of the time and expense involved in defending them. But these cases shouldn't even be filed in the first place, because if they were challenged, they would lose," Gallegos said. Better yet: If they weren't filed at all, it would save the county time and money...." North Coast Journal 2/21/02
Too bad he didn't take his own advice.
Garbage cases, said Gallegos, come in two forms: Cases that would lose if actually brought to trial and cases that are overcharged for the crimes committed. The idea behind filing both kinds of garbage, he said, is to get the defendant to plead guilty, netting a conviction without having to go into court.
"Probably 95 percent of the cases that are filed plead guilty. In fact, there are a lot of cases that are filed on the assumption they will plead guilty, because of the time and expense involved in defending them. But these cases shouldn't even be filed in the first place, because if they were challenged, they would lose," Gallegos said. Better yet: If they weren't filed at all, it would save the county time and money...." North Coast Journal 2/21/02
Too bad he didn't take his own advice.
Ooooh! Nasty! - UPDATED
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
In addition to the 28 charges Gundersen faced in the trial that ended Wednesday, the former police chief was also held to stand trial on charges of forcibly raping a second victim at gunpoint and acting unlawfully with department records.
Friday, Clanton asked that the District Attorney's Office make a decision at the earliest possible time as to how to proceed with those charges.
”You can pester all you want councilor,” said Deputy District Attorney Arnie Klein, who appeared on behalf of the people. “We'll make (the decision) at the appropriate time.”
Funny, Mr. Klein, this case has sped along at the speed of light. From all reports this upcoming case has no evidence in sight. A decision ought to be easy. The decision ought to have been made when the charges were filed. No?
Also in the article: ☛ TS Protective order revoked in Gundersen case
Friday, Seal appeared in court on Gundersen's behalf and requested that Watson lift the protective order.
Gundersen, who appeared in court with his hands shackled in front of him and clad in a red jump suit, was also scheduled to have a bail hearing Friday, but that matter was continued to Monday, when District Attorney Paul Gallegos would be available to appear for the people.
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
In addition to the 28 charges Gundersen faced in the trial that ended Wednesday, the former police chief was also held to stand trial on charges of forcibly raping a second victim at gunpoint and acting unlawfully with department records.
Friday, Clanton asked that the District Attorney's Office make a decision at the earliest possible time as to how to proceed with those charges.
”You can pester all you want councilor,” said Deputy District Attorney Arnie Klein, who appeared on behalf of the people. “We'll make (the decision) at the appropriate time.”
Funny, Mr. Klein, this case has sped along at the speed of light. From all reports this upcoming case has no evidence in sight. A decision ought to be easy. The decision ought to have been made when the charges were filed. No?
Also in the article: ☛ TS Protective order revoked in Gundersen case
Friday, Seal appeared in court on Gundersen's behalf and requested that Watson lift the protective order.
Gundersen, who appeared in court with his hands shackled in front of him and clad in a red jump suit, was also scheduled to have a bail hearing Friday, but that matter was continued to Monday, when District Attorney Paul Gallegos would be available to appear for the people.
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
Friday, September 26, 2008
Huh? - UPDATED
For his part, District Attorney Paul Gallegos said he believes the statute of limitations clock, even on misdemeanors, doesn't start running until law enforcement knows or reasonably should have known of the offense. In this case, Gallegos said, that means the statute of limitations would not run out at least until Feb. 8, 2009, or one year after Gundersen's arrest and the discovery of the photographs in question. ☛ TS Gundersen's battery convictions may come under fire
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
So much to blog - UPDATED
so little time... I'll get the rest up later
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
☛ TS Gundersen's battery convictions may come under fire
According to juror Ruth Moon, the jury arrived at the battery convictions based on 10 nude photos that Gundersen allegedly took of Seal without her consent and while she was unconscious. Moon said that, based on the photos, the jury felt Gundersen had touched Seal, without her consent, in order to pose her for the pictures. So, Moon said jurors convicted him on one charge of battery for each of the photos, and an additional charge for undressing Seal in order to take them.
But there may be a problem, as the battery charges are misdemeanors carrying a one year statute of limitations. Because the jury chose to convict on the battery charges in counts 1 through 11, counts that allegedly took place in January through November of 2006, it appears the statute of limitations would have run out, and that the convictions may have to be overturned as a result.
”The prosecution has a real problem,” said University of California Berkeley School of Law professor Franklin Zimring, adding that the defense will likely file a motion to vacate the convictions. “That means that either the jury wasn't aware of (the statute of limitations for misdemeanors), or that there's somebody brilliant on the jury who found a way to reprimand the chief without really convicting him.”
☛ TS No longer the man in blue A TS editorial
☛ TS
Judgment: Jury acquits Gundersen on rape charges, convicts on battery and guns
☛ ER Gundersen Trial Concludes
Gundersen verdict closes a chapter
Blue Lake looks back, moves forward
A timeline of the David Gundersen case
☛ ER Break it down: The various verdicts of David Gundersen
24 counts of felony spousal rape with an intoxicant: NOT GUILTY
11 counts of misdemeanor battery (lesser charge than rape): GUILTY up to six months in jail, a fine or both
Felony attempting to prevent or dissuade a victim or witness of a crime: NOT GUILTY
Felony possession of a machine gun: GUILTY brings maximum sentence of three years in prison
Felony possession of a silencer: GUILTY brings maximum sentence of three years in prison
Misdemeanor violation of a court order: GUILTY up to one year in jail, a fine or both
Misdemeanor possession of a controlled substance: DISMISSED at the beginning of trial
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
☛ TS Gundersen's battery convictions may come under fire
According to juror Ruth Moon, the jury arrived at the battery convictions based on 10 nude photos that Gundersen allegedly took of Seal without her consent and while she was unconscious. Moon said that, based on the photos, the jury felt Gundersen had touched Seal, without her consent, in order to pose her for the pictures. So, Moon said jurors convicted him on one charge of battery for each of the photos, and an additional charge for undressing Seal in order to take them.
But there may be a problem, as the battery charges are misdemeanors carrying a one year statute of limitations. Because the jury chose to convict on the battery charges in counts 1 through 11, counts that allegedly took place in January through November of 2006, it appears the statute of limitations would have run out, and that the convictions may have to be overturned as a result.
”The prosecution has a real problem,” said University of California Berkeley School of Law professor Franklin Zimring, adding that the defense will likely file a motion to vacate the convictions. “That means that either the jury wasn't aware of (the statute of limitations for misdemeanors), or that there's somebody brilliant on the jury who found a way to reprimand the chief without really convicting him.”
☛ TS No longer the man in blue A TS editorial
☛ TS
Judgment: Jury acquits Gundersen on rape charges, convicts on battery and guns
☛ ER Gundersen Trial Concludes
Gundersen verdict closes a chapter
Blue Lake looks back, moves forward
A timeline of the David Gundersen case
☛ ER Break it down: The various verdicts of David Gundersen
24 counts of felony spousal rape with an intoxicant: NOT GUILTY
11 counts of misdemeanor battery (lesser charge than rape): GUILTY up to six months in jail, a fine or both
Felony attempting to prevent or dissuade a victim or witness of a crime: NOT GUILTY
Felony possession of a machine gun: GUILTY brings maximum sentence of three years in prison
Felony possession of a silencer: GUILTY brings maximum sentence of three years in prison
Misdemeanor violation of a court order: GUILTY up to one year in jail, a fine or both
Misdemeanor possession of a controlled substance: DISMISSED at the beginning of trial
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
Wednesday, September 24, 2008
Cameras in the courtroom - UPDATED
The Times-Standard has made video of today's reading of the Gundersen verdict available online.
☛ TS link
The Journal has posted ☛ an audio report
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
☛ TS link
The Journal has posted ☛ an audio report
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
And the verdict is... IN -Not guilty of spousal rape - UPDATED
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
☛ TS Gundersen found not guilty of spousal rape
The jury in the case against former Blue Lake Police Chief David Ray Gundersen found him not guilty of 24 charges of spousal rape, but guilty of 11 lesser charges of battery, under penal code 242.
The jury also found him guilty of two weapons possession charges - illegally possessing a submachine gun, and illegally possessing a pistol with a silencer.
In addition, Gundersen was found not guilty of attempting to dissuade the victim of a crime, but guilty of violating a court order.
☛ ER Gundersen found guilty on weapons charges but not on rape charges
He was found not guilty of 24 charges of spousal rape with an intoxicant.
For counts 1 - 11, he was found guilty of battery, a lesser charge than spousal rape with an intoxicant.
He was found guilty of unlawful possession of a machine gun and a silencer. He was also found guilty of violating an emergency protective order.
He was found not guilty of attempting to dissuade a witness.
Earlier:
☛ ER Jury back to Deliberation
The jury had to return to deliberations Wednesday morning in the trial of former Blue Lake Police Chief David Gundersen because they did not complete all of their instructions. When reviewing the verdicts, Humboldt County Superior Court Judge W. Bruce Watson, had to reinstruct the jury that if they found Gundersen not guilty of a higher crime, they had to state whether or not he was guilty or not guilty of the lesser charges. In the instructions given before deliberations started, Watson told the jury they could consider lesser charges of battery or assault if they found Gundersen not guilty of spousal rape.
More information will be announced as it develops.
☛ TS Jury in Gundersen case sent back for further deliberation
If convicted on all the rape charges alone, Gundersen faces a prison sentence of anywhere from 72 to 192 years.
UPDATE:
☛ TS Gundersen faces prison sentence for firearms
Gundersen faces a state prison sentence of up to three years and eight months for the illegal possession of a submachine gun and a pistol with a silencer, charges a jury convicted him of on Wednesday.
Gundersen will also be sentenced for 11 charges of battery, each of which carry a maximum six month county jail term or a fine of $2,000, or both. He originally faced 24 counts of spousal rape with the use of intoxicant, which carried far longer sentences that might have totaled 72 to 192 years in prison. ...He will be sentenced on Oct. 22.
☛ ER Maximum sentence of Gundersen could be 3 years, 8 months
Humboldt County District Attorney Paul Gallegos said that the maximum sentence for David Gundersen could be three years and eight months in prison for the two firearm charges.
What is clear is that Gundersen will not have to register as a sex offender.
A jury found Gundersen guilty of 11 counts of battery, possessing a silencer and machine gun and violating an emergency protective order.
Straight battery, a misdemeanor, comes with up to six months in jail, a fine up to $2,000 or both.
As for the two firearm-related charges, both penalties carry a prison sentence, along with a fine of up to $10,000 a piece.
Violating an emergency protective order, misdemeanor, carries a sentence of no more than a year in jail, a fine up to $5,000, or both.
It will up to the judge to decide whether the misdemeanors will run concurrent or consecutive with the guns charges, if the time would be served in jail or prison or whether he would get probation, Gallegos said.
Gundersen will be sentenced on Oct. 22.
The Mirror Gallegos found guilty of wankering another big case
Heraldo And the verdict is...
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
☛ TS Gundersen found not guilty of spousal rape
The jury in the case against former Blue Lake Police Chief David Ray Gundersen found him not guilty of 24 charges of spousal rape, but guilty of 11 lesser charges of battery, under penal code 242.
The jury also found him guilty of two weapons possession charges - illegally possessing a submachine gun, and illegally possessing a pistol with a silencer.
In addition, Gundersen was found not guilty of attempting to dissuade the victim of a crime, but guilty of violating a court order.
☛ ER Gundersen found guilty on weapons charges but not on rape charges
He was found not guilty of 24 charges of spousal rape with an intoxicant.
For counts 1 - 11, he was found guilty of battery, a lesser charge than spousal rape with an intoxicant.
He was found guilty of unlawful possession of a machine gun and a silencer. He was also found guilty of violating an emergency protective order.
He was found not guilty of attempting to dissuade a witness.
Earlier:
☛ ER Jury back to Deliberation
The jury had to return to deliberations Wednesday morning in the trial of former Blue Lake Police Chief David Gundersen because they did not complete all of their instructions. When reviewing the verdicts, Humboldt County Superior Court Judge W. Bruce Watson, had to reinstruct the jury that if they found Gundersen not guilty of a higher crime, they had to state whether or not he was guilty or not guilty of the lesser charges. In the instructions given before deliberations started, Watson told the jury they could consider lesser charges of battery or assault if they found Gundersen not guilty of spousal rape.
More information will be announced as it develops.
☛ TS Jury in Gundersen case sent back for further deliberation
If convicted on all the rape charges alone, Gundersen faces a prison sentence of anywhere from 72 to 192 years.
UPDATE:
☛ TS Gundersen faces prison sentence for firearms
Gundersen faces a state prison sentence of up to three years and eight months for the illegal possession of a submachine gun and a pistol with a silencer, charges a jury convicted him of on Wednesday.
Gundersen will also be sentenced for 11 charges of battery, each of which carry a maximum six month county jail term or a fine of $2,000, or both. He originally faced 24 counts of spousal rape with the use of intoxicant, which carried far longer sentences that might have totaled 72 to 192 years in prison. ...He will be sentenced on Oct. 22.
☛ ER Maximum sentence of Gundersen could be 3 years, 8 months
Humboldt County District Attorney Paul Gallegos said that the maximum sentence for David Gundersen could be three years and eight months in prison for the two firearm charges.
What is clear is that Gundersen will not have to register as a sex offender.
A jury found Gundersen guilty of 11 counts of battery, possessing a silencer and machine gun and violating an emergency protective order.
Straight battery, a misdemeanor, comes with up to six months in jail, a fine up to $2,000 or both.
As for the two firearm-related charges, both penalties carry a prison sentence, along with a fine of up to $10,000 a piece.
Violating an emergency protective order, misdemeanor, carries a sentence of no more than a year in jail, a fine up to $5,000, or both.
It will up to the judge to decide whether the misdemeanors will run concurrent or consecutive with the guns charges, if the time would be served in jail or prison or whether he would get probation, Gallegos said.
Gundersen will be sentenced on Oct. 22.
The Mirror Gallegos found guilty of wankering another big case
Heraldo And the verdict is...
UPDATED:
◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012
****
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