Hislop retires. Gonna spend more time with his family.

◼ Transformation in DA Investigations Bureau; retirement, new faces bring change to investigations unit - Thadeus Greenson/The Times-Standard

...After 33 years in law enforcement, DA Chief Investigator Mike Hislop, 51, has retired and District Attorney Paul Gallegos has tapped investigator Wayne Cox to fill the post. The office is also readying to welcome a pair of new investigators into its ranks in the coming weeks, leaving a void in another local agency's criminal investigations unit....

Gallegos said he has full confidence that Cox is the right person for the job.

”Wayne is the future, and it looks like a very promising future,” he said. “I'm excited. More than excited, I feel we are very fortunate in this office, and in this community, to have him.”

Other changes are also ahead for the DA's Office Investigative Bureau, as the departure of William Hansel several months back to take a lieutenant position with the Humboldt State University Police Department and Cox's promotion left a pair of vacant investigator positions.

Hislop said the bureau has gone ahead with hiring Kyla Baxley and Marvin Kirkpatrick, both of whom currently work as detectives with the Humboldt County Sheriff's Office. Both are expected to start in the coming weeks.

Kirkpatrick, who's worked for the sheriff's office for 27 years, will do general investigations. Baxley, who's worked for the sheriff's office for about five years, will investigate child sex crimes, Hislop said, adding that both are “rock solid” and will work well with the bureau's team.

One more down. Looks like Hislop is leaving

◼ http://www.cdaa.org/about-us/employment

Chief Investigator (District Attorney)
Humboldt County
Deadline: June 12, 2013
Ad Posted on: May 30, 2013

◼ http://www.cdaa.org/wp-content/uploads/CHIEFINV.pdf

Claim alleges malfeasance in DA's Office; Gallegos: Allegations will be proven false

◼ Claim alleges malfeasance in DA's Office; Gallegos: Allegations will be proven false - Thadeus Greenson/The Times-Standard

The claim alleges that Duncan -- who has been with the DA's Office since December 2006 -- was retaliated against for complaining of sexual harassment, questioning the office's “unlawful polygraph practices” and questioning potentially improper uses of office resources, including “the use of county equipment, resources and employee time for Paul Gallegos' re-election campaign.”

Reached Wednesday, (Psul V.) Gallegos said he couldn't discuss Duncan's claim in detail but said he believes her allegations are without merit.

”I think they're false, and I think that will come out. I think that's all I can say,” he said. “At this point, we just have to let things proceed, and I think at the end of the day (the allegations) will be proven false.”

...Duncan's complaint lists 10 bulleted issues that she allegedly questioned or reported, including office officials claiming hours worked while on vacation, failure to report a “known thief” working in the Humboldt County Superior Court, Victim Witness showing “favoritism” in handling checks to crime victims, the possible misappropriation of grant money and “unlawful polygraph practices.” The bulleted points contain few specific allegations and simply list the issues about which Duncan reports to have inquired....

County Administrative Officer Phillip Smith-Hanes said Duncan's claim has been rejected by the county's Department of Risk Management, which typically accepts or rejects claims submitted to the county unless there is a particular reason to bring them before the board. Smith-Hanes said the first time supervisors have discussed the matter was Tuesday, when it came before them as a closed session item agendized as anticipated or potential litigation.

Lawsuit against DA Gallegos alleges corruption, discrimination & harrassment

◼ The District Attorney’s Office’s Legal Services Manager has filed a damage claim against the county alleging that District Attorney Paul Gallegos, former Assistant DA Wes Keat, Chief Investigator Mike Hislop and other management-level employees subjected her to “discrimination, harassment and retaliation.” - Daniel Mintz/McKinleyville Press

...The claim states that Duncan questioned the use of the office’s resources for Gallegos’ re-election campaign, objected to “unlawful polygraph practices,” and questioned various activities of Hislop and Victim-Witness Supervisor Joyce Moser.... The Board of Supervisors went into closed session at its meeting today, May 8, to discuss the claim but took no action...

◼ Lawsuit Against DA Alleges Corruption, Discrimination, Harassment - Daniel Mintz/Arcata Eye

Hislop officially running

◼ Hislop officially enters Sheriff's race
The chief investigator of the Humboldt County District Attorney's Office is looking to become the county's top cop.
”It's my extreme pleasure to introduce Mike Hislop, our next sheriff of Humboldt County,” District Attorney Paul Gallegos said Monday at the Humboldt Bay Inn, introducing Hislop to a group of several dozen supporters.

Despite budget restrictions, Hislop said he was able to revamp the investigations unit, part by outfitting investigators with new equipment, uniformsin and crime-scene re-enactment technology, all without impacting the department's budget, by helping to secure about $750,000 in grant funding for the department from a variety of sources.

Related: ◼ Gallegos' Assault Team Blog entries being what they are, start at the bottom, and read your way up.

◼ Hislop's Supporters

Double speak?

◼ ...District Attorney Paul Gallegos, who would lose Hislop's services if he's successful in his bid to become sheriff, is giving his chief investigator his full support.

”I have worked to attract, hire and maintain the best, the brightest and the most qualified people to work on behalf of the people of the state of California,” Gallegos wrote in an e-mail. “Mike Hislop exemplifies those qualities and characteristics. He is extremely intelligent, has excellent organizational and leadership skills and strives for excellence in all his endeavors. I have no doubt that he will be an outstanding sheriff.”

Hahahaha. But what is really interesting is the comments. The spin machine is in motion - but the truth is being spoken aloud.
Fred said, and I agree: Hislop is nowhere near qualified for this office. By all accounts he was a mediocre cop with EPD (that's why he left- no upward movement left). By everything I've read, he's been mediocre in his position with the D.A.'s office.

He has literally no managerial experience, and doesn't seem to have any idea about what even his current job description consists of. Very poor choice for a candidate in this race.

Then comes the Sterling-Nichols grade spin: I've met Mike Hislop on several occasions and at various functions. He is definitely the most qualified candidate for Sheriff. He's friendly and approachable. When you gget your head out of your a&$, take the time to talk to hiim and ask him where he stands on various local issues. You may be surprised.
The DA's office has seen many major changes over the years beginning with getting rid of the dead weight that's been plaguing that office for many years. Paul Gallegos has modernized the office and brought in some of the most talented Deputy DA's he could find. Many of their records are flawless. There has been more wins during Paul's term than ever before. Again, take the time and look up the facts before spouting off at the mouth. Especially those of you who don't even live here.

You really have to take that last statement apart piece by piece...

"dead weight" virtually ALL of the experienced, talented, dedicated DDAs, and most all of the staff
"most talented Deputy DA's he could find" "Tim's a stud!"
Many of their records are flawless "yougofree.com
more wins during Paul's term remember, plea deals count as wins
"worked to attract, hire and maintain the best, the brightest and the most qualified people"Not exactly.

As for Gallegos and Hislop's great adventure - Who can forget the attempt to set up an assault team, outfitted in matching carharrt gear, and complete with AR-15s?

The DA Investigators have had some successes solving cold cases. But that does not a Sheriff make.

The horses are at the gate....

◼ Patrick Higgins For 5th Distric Supervisor Tom Sebourn
◼ Hislop to throw hat in the ring for sheriff Times Standard
◼ Hislop to run for Sheriff McKinleyville Press - Daniel Mintz
◼ Philp out of sheriff's race, Downey announces candidacy Times Standard
◼ In which your host Ryan Hurley introduces the candidates and issues poised to rock Humboldt County like an eight-point-oh on the November 2010 ballot. Eureka Now!
◼ It's official: Bass, Neely to run for 4th District Supervisor seat Times Standard
◼ Jeff Leonard announced his intentions previously Times Standard
◼ Linda Hill bows out of assessor's race
◼ Assessor candidates announce their bids
◼ Election Roundup
◼ Elect Mike Downey
◼ link
◼ Dave Parris announces candidacy for coroner
◼ Cleary Announces

Assessor - 4 Year term
Auditor-Controller - 4 Years
Coroner-Public Administrator - 4 Years
County Clerk/Recorder/Registrar of Voters - 4 Years
District Attorney - 4 Years
Sheriff - 4 Years
Superintendent of County Schools - 4 Years
Treasurer/Tax Collector - 4 Years
Supervisor District 4 - 4 Years
Supervisor District 5 - 4 Years
Superior Court Judge Department 1 - 6 Years
Superior Court Judge Department 5 - 6 Years

◼
Election Roundup: Rodoni declares for Humboldt County assessor
◼ Election Roundup: Humboldt County DA candidate Bryson to hold meet and greet
◼ Election Roundup: Gallegos announces endorsements

Mary Stuart, cold case reopened

◼ Cold disappearance case reopened by DA's office
A nearly 32-year-old case involving the disappearance of a Honeydew woman and her two children has regained momentum, according to Humboldt County District Attorney's Office investigators who announced Tuesday they have new leads and are looking for more.
Mary Stuart, 32, and her two daughters, Fannie, 1, and Jessie, 2, disappeared from Honeydew on Dec. 10, 1977, after they left to get groceries. The family's station wagon was found a few miles from their home on Jan. 19, 1978, on an old logging road. Groceries were still in the car and the car's gas line was broken, according to a Jan. 20, 1978, Times-Standard story following the investigation.
The Humboldt County Sheriff's Office initially reported that there was no evidence of foul play and no sign of a struggle near the car, according to the story.
Chief Investigator Mike Hislop said the District Attorney's Office picked up the case from the Humboldt County Sheriff's Office about eight months ago and found new leads within the last few weeks. Foul play is suspected....

The lead suspect is Mary Stuart's husband, Byron M. Stuart, who died Oct. 3, 1996 -- at the age of 48 -- in Santa Rosa, according to the Sonoma County Coroner's Office....

Good luck.

Did anybody READ the DA's Grant Proposal?

Item D. 5 on today's Board Of Supervisor's Agenda
District Attorney
5. Workers' Compensation Grant Application.
RECOMMENDATION: That the Board of Supervisors approve the attached grant application and sign the attached board resolution; and Direct the Clerk of the Board to return the resolution to Chief Michael Hislop so it may be processed with the grant application. link

Who is assigned?
How many cases?
How many brought to trial?

It doesn't look very good to me.

Funny that this DA announced he was working to "wean" himself of grant funding, yet this is the second application in the last few weeks. One is for a nice new Hummer or something to go with his nice uniforms and semi-automatic rifles.

These are just applications. Whether he gets them, whether he should, and whether adheres to the promises made in these applications is another.

More to follow.

Buying what?

Tune in for the DA's item on the Board of Supervisor's Agenda today

◼ Item D-2 Apr. 14 agenda

District Attorney
2. Approve Appropriation Transfer in District Attorney's Budget Unit 1100 205 to Clear Mid-Year Edits. ($51,112)
RECOMMENDATION: That the Board of Supervisors approve an appropriation transfer to clear mid-year charges by transferring funds from object and fixed asset accounts within the same budget unit.

AND

Item DEPARTMENT REPORTS F-2
District Attorneys
2. Recovery Act: Rural Law Enforcement Assistance Grant.
RECOMMENDATION: That the Board of Supervisors Approve the Attached grant application and sign the attached certificates for the Rural Law Enforcement Assistance grant; and Direct the Clerk of the Board to return the certificates to Chief Michael Hislop so they may be processed with the grant application.

◼ details
"Total one time equipment cost is $172,092.25. The major expense in this component would be a critical crime response vehicle, which needs to be well equipped with radios, evidence collection equipment, computers, and recording devices, it must be big enough to conduct detailed interviews with involved parties of the incident. We estimate the cost of this vehicle to be approximately $160,000.00. Additional equipment cost would be 412,092.25 for a radio communications repeater. This piece of equipment will allow us to more effectively communicate from the rural areas of Humboldt county back to the District Attorney's Office.

The only supplies requested in this grant project would be uniform costs and equipment for the Community Services Officer. the Equipment would include uniforms, badge, flashlight, boots, and utility belt. The cost of this equipment is estimated to be $1,299.00.

Total cost of this grant project is $406,875.00. With the approval of this grant we will be able to more efficiently assist our rural communities in investigating serious and major crimes and increase the likelihood of a successful prosecution. essentially we will be vertically prosecuting these investigations since the District Attorney's Office will have a hands on approach to these investigations from the beginning.

First an assault team complete with uniforms, now this? Hislop likes his toys.



***

Then there was - this back in January: 12. Donation of District Attorney Department Vehicle to the County Motor Pool for Capitalization, Maintenance, and Insurance....

***
added 6/10: On his grant applications, Gallegos routinely states:

...The communities of Humboldt County suffer rom severe socio-economic problems, Historically, the northwest has sustained on primarily timber, commercial fishing and cattle ranching as its main sources of income. In the last two decades, these once abundant industries have been all but eliminated. The reulsts of this economic decline have been a slightly higher than state average unemployment rate (11.4%) and a high level of substance abuse. Because of the overwhelming amount of substance abuse there is an increase in crime such as: drug trafficking, rape, robbery, murder, child abuse, spousal abuse and child pornography....

◼ In this example Gallegos is looking to purchase a "critical crime response vehicle for about $160,000 plus $12,092.25 and more money for uniforms, badge, flashlight, boots and utility belt for $1,299.00 - the total cost to be $406,875.09 - AND he promises that EVENTUALLY we will be VERTICALLY prosecuting these investigations.

So - is crime UP or DOWN?

Guess it just depends on who he is talking to and what he wants at the moment.

Incidentally, it is worth looking into whether or not ANY VERTICAL PROSECUTION happens in the Humboldt County DA's Office as Paul Gallegos has stated that he likes to "move people around." Victims of crimes describe seeing one prosecutor after another thrust into the courtroom un prepared an uninformed.

On the surface

it appears reasonable, presented as a coup and a win.
☛TS Hash receives 11 years in prison (Well, 5 1/2, if that)

Steven Daniel Hash pleaded guilty on Friday to manslaughter in the death of Curtis Huntzinger, a 14-year-old Blue Lake boy killed in 1990.

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

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

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

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

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

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

Wes Keat speaks where the District Attorney should be speaking, a sign that something is wrong. If this was a win, Gallegos would have been all over it.

According to Keat, after his arrest, Hash was willing to fully cooperate with investigators, and had explained to them all the events that led up to the killing. Based on his admission, and the available evidence, the charge of manslaughter was appropriate given the circumstances of the killing, Keat said.

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

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

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

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

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

It's another deal, and this time, though Gallegos can claim the family signed off on the deal, it is apparent that they are not happy about it.

During the Friday hearing, Nancy Huntzinger also gave a brief statement thanking Hash for leading investigators to her son's grave.

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

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

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

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

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

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

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

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

Someone needs to take this incident to the star chamber.

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

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

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

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

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

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

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

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

Closure

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

...The DA's Office said Hash has been very cooperative with the investigation, even leading investigators to the location where he said he buried Huntzinger.
***
On Monday afternoon, around 2 p.m., the boy's skeleton was located, entangled in a ball of roots under less than two feet of soil. The grave, which was dug about 35 yards from the road, was surrounded by a dense stand of young redwoods, and blanketed by a thick mat of leaf litter and poison oak.

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

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

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

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

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

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

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

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

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

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

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

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

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

☛ TS Never too late for resolution

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

A good job, Paul post...cautiously. - 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 Sebastopol man arrested in Huntzinger cold case
Eighteen years after 14-year-old Blue Lake resident Curtis Huntzinger went missing, an arrest has been made in connection with his death.

The Humboldt County District Attorney's Office arrested former Blue Lake resident Stephen Daniel Hash, 53, Wednesday on suspicion of voluntary manslaughter. Hash was reportedly living in Sebastopol.

”Mr. Hash gave us a complete confession,” District Attorney Paul Gallegos said Thursday night. “He's been very cooperative and very helpful, and we're very grateful to him for doing that.”

...Nine years after the teen went missing, a San Quentin State Prison inmate, Thomas Michael Fox, claimed he'd shot and killed the boy at Hash's home in 1990. Blue Lake police at the time said they believed that Fox's other murder victim, Daniel Williams, may have been used in a child pornography ring.

Officials searched Hash's home after Fox's statements, reportedly even pulling up the floor and sending carpets to the Department of Justice for forensic testing, but made no arrests.

At one point, Nancy Huntzinger reportedly told authorities that she had confronted Hash at his home, and that he had confessed to murdering her son, telling her where the boy's body was buried. But, search teams and cadaver dogs reportedly came up empty, and Hash was never charged in the case.

Gallegos said his office took over the cold case after the Blue Lake Police Department was disbanded in May, following the arrest of then Police Chief David Gundersen.

”It was an old case that we felt hadn't been adequately investigated,” Gallegos said.

DA Investigator Wayne Cox took the lead in the investigation, Gallegos said, and turned up some leads a couple of months ago, before the investigation really gained steam in November.

”What it really was was just dogged detective work,” Gallegos said. “It's a combination of the hard work of (DA Chief Investigator Mike Hislop) and (Cox), and the good work of (Assistant District Attorney Wes Keat), but it was also (Hash's) desire to get this off his chest. Personally, I think he's wanted to get this off his chest for a long time.”

When approached by investigators with new evidence in the case, Gallegos said Hash “decided to unburden himself.”

Curtis Huntzinger's body has yet to be recovered, Gallegos said, but the DA's Office has several leads as to its location and remains hopeful it will be discovered in the coming days.

”I'm hoping that with (Hash's) cooperation, we will be able to locate Curtis Huntzinger's body, and we will be able to put this to rest,” Gallegos said. “I know Nancy Huntzinger has wanted her son's body for a long time, and I'm hopeful we can provide her some solace in that.”

Gallegos said Hash's cooperation is part of the reason he was arrested on suspicion of voluntary manslaughter.

”What we've chosen to arrest him on and what we would have arrested him on if he hadn't cooperated with us -- I think it's reasonable to conclude they might be different,” he said. “Really what we wanted most for Nancy is her son's body, and without his cooperation we weren't going to get that.”

Reached Thursday, Curtis Huntzinger's sister, Sarah, said she wants her brother's body to be put at rest, so the family can have peace.

”I just want justice for my brother,” she said.

The DA's Office has called a press conference for this afternoon, when it is expected to offer more details in the case. Hash could be officially charged as soon as today, Gallegos said.

☛ TS A momentous find for a metal detector

Update:
☛ TS Never too late for resolution
☛ TS editorial Never too late for resolution
☛TS Hash receives 11 years in prison 1/3/09
◼ Curtis Huntzinger's mother wins wrongful death lawsuit

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

****

Plea deal in foiled murder-for-hire plot

☛ TS Dennis Larsen free on probation

Dennis Larsen, a Fortuna man charged for allegedly, and perhaps unwittingly, aiding his son in a foiled murder-for-hire plot, accepted a plea agreement and pleaded no contest before a Humboldt County Superior Court judge on Monday.

In addition to pleading no contest to the charge of soliciting murder, 63-year-old Larsen pleaded no contest to charges he acted as an accessory to a felony.

According to his attorney William Bragg, as part of the agreement, Larsen will receive three years probation, and no additional jail time. Each count carries a sentence of three years felony probation, which will run concurrently for a three-year total probation sentence.

Humboldt County Superior Court Judge Timothy Cissna accepted the plea and ordered Larsen's release from the Humboldt County jail, where he has been held since June.

His sentencing is scheduled to take place in early January.

The agreement stipulates none of the statements Larsen made during the agreement may be used by the prosecution against his son, Chad Larsen. It also stipulates Dennis Larsen is not to contact his son until the completion of his trial....

Though the son drew his father into the plot... it seems the Dad was not going along with the plot...

...Following the third recorded conversation, (DA Chief Investigator Mike) Hislop testified that Dennis Larsen and Ray Potvin, a close friend of Chad Larsen's, drove to the Ferndale police station and reported their situation to authorities.

While Dennis Larsen and Potvin sat at the police station, a fourth call was made by (Parole officer Gregory) Allen (posing as a man named Carl Wallace) to the men. In the recording, Potvin answers the phone and tells Allen the deal is off.

The District Attorney's Office is not offering a plea bargain to Chad Larsen at this time. Chad Larsen is being held without bail, and has pleaded not guilty to his charges.

His trial is expected to begin Dec. 1.

☛ TS Chad Larsen jury trial reset 11/25/08
A jury trial for Chad Larsen, scheduled to take place Dec. 1, will be postponed again, a Humboldt County Superior Court judge ruled Monday.

Links to GUNDERSEN coverage - 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 Blue Lake police chief arrested for alleged rape 2/9/08
☛ ER Blue Lake Police Chief arrested on suspicion of rape 2/9/08
☛ TS DA: Allegations stem back a couple years, may have been continual occurrence 2/10/08
☛ ER Blue Lake police chief accused of multiple assaults 2/11/08
☛ TS News spreads quickly in sleepy Blue Lake
☛ KMUD Daniel Mintz interview with Gallegos. Click on KMUD Local News, 6:00 pm edition, Monday, February 11, 2008 6:00 pm
☛ TS No charging decision made in Gundersen case, says DA 2/12/08
☛ TS Attorney: Gundersen claims 'false'
☛ TS Gallegos sticks to his guns regarding investigation into Blue Lake police chief
☛ ER Defense attorney announced for Blue Lake Police Chief 2/13/08
☛ ER Blue Lake residents speak out against police chief 2/13/08
☛ TS Gallegos sticks to his guns regarding investigation into Blue Lake police chief 2/13/08
☛ TS In tense meeting, council puts off action on jailed police chief 2/13/08
☛ TS Gundersen hit with 12 counts of rape
☛ TS Gundersen pleads not guilty to 12 rape charges 2/14/08
☛ TS Town's council left out of loop 2/14/08
☛ TS Gundersen custody battle goes back 10 years 2/14/08

Gundersen's ex-wife, who works for the Humboldt County Sheriffs Office as a legal office assistant, is represented by Arcata attorney Joan Gallegos, the wife of Humboldt County District Attorney Paul Gallegos. Attorney Christopher Metzger represents Gundersen in that matter.

Paul Gallegos said Wednesday he does not think his wife's position as Gundersen's ex-wife's attorney will have any bearing on his decision whether to personally handle Gundersen's prosecution.

☛ ER Police Chief denied release from jail — $500,000 bail stands 2/15/08
☛ TS Judge denies police chief's release 2/15/08

WEEK TWO
☛ ER Gundersen: No stranger to bumpy roads 2/16/08
☛ MP Rape Case Proceeds Against Blue Lake Police Chief 2/19/08

AND MORE
☛ TS Gundersen faces additional charges. 2/27/08 (link is dead, story was updated)
☛ ER Blue Lake explores police options 2/27/08
☛ ER Four new charges against Gundersen 2/28/08
☛ TS Gundersen faces new charges of kidnapping, possessing a machine gun 2/28/08
☛ TS Blue Lake changed policy to allow Gundersen, wife to work together 2/28/08
☛ ER Gundersen’s attorney: Gallegos to face difficulty upholding burden of proof2/29/08
☛ TS Court documents shed light on Gundersen case 2/29/08
☛ TS Gundersen's lawyer: A 'witch hunt' 2/29/08
☛ ER Judge more than doubles Gundersen’s bail to $1,250,000 3/1/08
☛ TS Judge raises Gundersen's bail to $1.25 million 3/1/08
☛ TS Gundersen, alleged second victim were living together, report says3/4/08
☛ TS Investigation report: Gundersen's ex-wife also alleges drugging, rape 3/4/08
☛ TS Blue Lake's gun arsenal called shocking 3/5/08
☛ TS Feds eye firearms in Gundersen case (w/ video) 3/07/08

Both state and federal law are fairly clear about possessing a submachine gun or a pistol with a silencer: It's illegal in California, and illegal in the United States without a special permit from the ATF. Under California law, the penalty for possession of a machine gun is an unspecified prison term, up to a $10,000 fine, or both. For possession of a silencer it's the same.

But state law allows a law enforcement agency to buy machine guns, and for officers to have them and silencers -- as long as they use them in an official capacity and within the scope of their duties. In fact, there is no limit on the number of submachine guns an agency can have, said California Department of Justice spokesman Abraham Arredondo.

The Use of Firearms section of the Blue Lake Police Department Manual does not make any reference to submachine guns or silencers

☛ TS Expert: Rape victims can be forced to take witness stand 3/10/08
☛ TS Blue Lake's police chief quandary 3/13/08
☛ ER DA mistake violates victims’ rights 3/14/08
☛ TS Gundersen hearing pushed to April 3/14/08
☛ TS An evolution of law: Spousal rape recently prosecutable 3/23/08
☛ TS Blue Lake to set public meeting date to discuss police issues 4/08/08
☛ TS Blue Lake ends Gundersen's employment 4/10/08
☛ TS Gundersen's wife gets immunity 4/11/08
☛ TS Gundersen preliminary hearing continued 4/12/08
☛; ER Gundersen hearing moved ahead for third time 4/12/08
☛; TS Blue Lake's remaining officers placed on leave 4/15/08
☛ TS BLPD evidence storage facility burgled 4/15/08
☛ TS Blue Lake's city council: irrelevant 4/19/08

After getting the go-ahead from its self-insurance pool, the Blue Lake City Council has decided to terminate Police Chief Dave Gundersen as of May 5. This decision comes two months after Gundersen was arrested on 19 felony charges.
This implosion of the Blue Lake Police Department has its chief charged with raping his co-habitant, the department's second-in-command. She's been on administrative leave with pay for months. Two other officers and a clerical worker are also drawing full pay for sitting idle in City Hall while the sheriff is being paid to patrol the streets. The general fund is hemorrhaging red ink. Citizens are agitated and activated. Media are covering council meetings. Council members face hard decisions.

THE HEARING
☛ TS Gundersen alleged rape victim testifies in hearing 4/21/08
☛; ER First Witness Testifies at Gundersen's hearing 4/22/08
☛ ER Log of the Testimony, Gundersen's hearing 4/22/08
☛ TS 'Jane Doe 2' tells court of rape by Blue Lake chief 4/22/08
☛ TS EPD reportedly didn't follow up on 1999 rape report 4/22/08
☛ ER Both “Jane Does” testify, immunity deals criticized 4/23/08
☛; TS Defense questions alleged rape victim 4/23/08
☛; ER Jane Doe “felt coerced” into making statements 4/24/08
☛ ER Gundersen's hearing transcripts 4/24/08
☛ TS Key witness in Gundersen case says testimony coerced 4/24/08
☛ TS Experts: Little impact from coercion charges in Gundersen case 4/24/08
☛ ER Doe 1: ‘I don’t think I would have ever come forward’ 4/24/08
☛ TS Police chief's wife feared he'd hurt her 4/25/08
☛ TS DA investigator believes EPD didn't follow up 1999 rape claim 4/25/08
☛ TS Gundersen held to stand trial 4/30/08
☛ ER Gundersen to answer to 19 charges 4/30/08
☛ TS Blue Lake police chief held for trial 5/1/08
☛ TS Gundersen faces 14 new counts 5/14/08
☛; TS Court dismisses civil action against Gundersen 5/27/08
☛ ER Gundersen to go to trial in July
☛ LA Times Police chief’s arrest jolts town 6/4/08
☛ TS Gundersen trial pushed back to July 6/20/08

LEADUP TO THE TRIAL
☛; TS Gundersen attorney wants change of venue 7/2/08
☛ TS Gundersen's attorney seeks to dismiss charges 7/3/08
☛ TS Judge hears motion to dismiss Gundersen charges 7/10/8
☛; ER Judge to consider change of venue for Gundersen trial 7/10/08
☛ TS Gundersen trial jury selection slated to begin 7/14/08
☛; ER Two charges against Gundersen dismissed 7/15/08
☛ TS Judge dismisses three charges facing Gundersen 7/15/08
☛ TS Gundersen turns down plea deal 7/16/08

31 counts, including 24 charges of spousal rape with the use of an intoxicant, forcible rape of a second victim with a firearm enhancement, attempting to dissuade a witness, violating a court order and possessing a submachine gun and a pistol with an attached silencer and reduces it to one count of spousal rape and another of forcibly raping a second victim.

The TS reports that Gundersen, who is facing 28 felony charges, turned down a plea deal that could have landed him in prison for anywhere from nine to 26 years, attorneys said in court Tuesday.

”We rejected it in its entirety,” Gundersen's attorney Russell Clanton said of the deal, in which Gundersen would have pleaded guilty to one count of spousal rape and another of forcibly raping a second victim. “Our position is that the defendant has no criminal liability.”

☛ ER Juror questionnaire ready as selection process begins 7/16/08
☛ TS Jury selection underway in Gundersen case 7/17/08
☛ ER Former police chief now faces two trials 7/22/08
☛ TS Gallegos asking for Gundersen's ex-wife to take stand 7/23/08
☛ ER Rape Crisis Center to fight subpoena 7/25/08

The Humboldt County District Attorney’s Office subpoenaed a rape crisis counselor who worked with Jane Doe 1 to testify at former Blue Lake Police Chief Dave Gundersen’s trial.

As a result, the North Coast Rape Crisis Center filed a quash motion on the grounds of doctor-patient confidentiality.

☛ TS Gundersen case jury selection continues 7/28/08

A motion for a change of venue, filed by Gundersen's attorney Russell Clanton, is still under submission with Watson, pending jury selection.

”I think the media coverage has affected the jury pool to some degree, but it's unclear to what degree,” Clanton said last week. “We're still going through the process.”

District Attorney Paul Gallegos said he doesn't think media coverage has had that big an effect on the jury pool, but conceded it will be up to the judge to determine if an impartial jury can be seated.

☛ TS Gundersen's ex-wife to testify 7/29/08
☛ ER Ex-wife’s testimony will be heard 7/29/08

THE EXPLOSION: JANE DOE #1 SPEAKS OUT
☛ ER Doe 1 speaks out, files complaint 7/31/08

“I believe this was a conspiracy between (Paul Gallegos), his wife and (Gundersen’s ex-wife) in an attempt for (Gundersen’s ex-wife) to gain full custody of the kids,” she wrote. “Her plan worked.”...

☛ TS Gundersen's wife alleges misconductby law enforcement 7/31/08

In a letter sent to a variety of agencies Wednesday, former Blue Lake Police Chief David Gundersen's wife is accusing the Humboldt County District Attorney's Office and the Sheriff's Department of civil rights violations, police coercion, false imprisonment and conspiracy...

☛ TS Gundersen's wife says case causing financial, emotional turmoil

David Gundersen's wife said she feels like a victim, just not in the way most people think.

THE TRIAL
☛ TS Gundersen trial to begin Monday
☛ ER Gundersen trial ready to begin Monday

DAY ONE:
☛ TS Gundersen trial scheduled to begin8/11/08
☛ TS Gundersen trial underway8/12/08

The trial of former Blue Lake Police Chief David Gundersen got underway this morning with opening statements...

District Attorney Paul Gallegos laid his framework for the case, saying at its center, it's about the abuse of power.

During his opening statement, Gundersen's attorney Russell Clanton argued that the case has its beginnings in the Gundersen family court case and is part of a plot carried out by his client's ex-wife....

...During cross examination, (Humboldt County Sheriff's Office Lt. Dave) Morey testified that Gundersen's ex-wife and Seal planned to have the ex-wife hold onto the computer hard drive to turn over to her divorce attorney, Gallegos' wife Joan Gallegos, for possible future use. Morey denied that he had any plan for the photos.

”I'm not going to admit to that plan because it's not my plan,” Morey said. “That's the plan (they) told me about.”
Morey testified that he did not feel that he or other investigators had coerced or brow-beaten Seal into making statements of any kind....

...As to the weapons Gundersen is charged with possessing, Gallegos told the jury evidence will show they weren't purchased by the city of Blue Lake, that they didn't appear on any of the police department's weapons inventory lists and that their acquisition was not authorized by Blue Lake city managers.

Clanton countered that the weapons were obtained through a reputable dealer -- Southern California's Cinema Weaponry -- that they were registered by the manufacturer and that former Blue Lake City Manager Wiley Buck knew of their existence. Further, Clanton argued it is prudent for the police chief of a small town with a school and a casino to possess such weapons....

☛ ER Gundersen trial begins 8/12/08

DAY TWO:

☛ TS Gundersen's wife held for her safety, investigators testify

In his second day on the stand, Humboldt County Sheriff's Office Detective Troy Garey testified he believed Seal was afraid of Gundersen based on his hour-long interview with her on the morning of Feb. 8. He also testified that Gundersen repeatedly called Seal during the interview, and investigators had reason to fear for Seal's safety if she left the premises.

District Attorney's Office Chief Investigator Mike Hislop also testified he believed Seal may have been in danger if she left the main station and that law enforcement consequently did not allow her to leave until after Gundersen's arrest, which occurred at about 6 p.m....

Garey went on to testify that he believed Seal was in an emotionally and mentally fragile state on the day in question and he took that into account in the way he dealt with her during the interview.

”She was fragile,” he said. “It's like handling an egg, you don't want to do anything to push people over the top.”

Garey said it was “somewhat surprising” to find later that day that Seal refused a Sexual Assault Response Team exam at the hospital and was saying she now felt the sex she had told investigators was nonconsensual was consensual and did not constitute rape. Garey testified Seal's changing story was in line with what he had been trained to expect in sexual assault cases.

☛ ER Day 2 of Gundersen trial

When he agreed to the contact, Gundersen’s attorney, Russell Clanton, who read from a transcript, said Gundersen asked Seal, “Why did you do this?”

“They totally bullied me, Dave,” Seal said.

“What do you mean they bullied you?” he said.

“I’m dropping all the charges on Monday,” she said. “I want to spend the $50,000 to get you out.”

The communications between Seal and Gundersen after his arrest are the source of two charges against him, one for violating an emergency protective order and another for trying to dissuade a witness.

DAY THREE:

☛ TS Gundersen jury sees interview video 8/13/08

The wife of former Blue Lake Police Chief David Gundersen took the stand this morning in her husband's trial on charges of spousal rape, testifying that Gundersen never had sex with her against her will and that she lied to investigators....

...After Seal testified that Gundersen had never engaged in nonconsensual sex with her and that she had been “sarcastic” and made untrue statements to investigators on the day of her husband's arrest, District Attorney Paul Gallegos moved to show the jury a video recording of Seal's interview with investigators.

After Superior Court Judge Bruce Watson granted the request, the jury was shown the beginning portion of the hour-and-a-half-long interview. In the portion shown to the jury, Seal makes repeated references to Gundersen having raped her, expresses fear for her safety and says that Gundersen threatened to kill her.

The jury is expected to view the remainder of the video when the trial resumes tomorrow before Seal re-takes the stand....

☛ TS Gundersen's wife takes the stand, says she lied to investigators 8/13/08
☛ TS Experts say victims often recant out of fear, love 8/13/08
☛ ER Wife's testimony conflicts with video 8/13/08

DAY FOUR:

☛ TS Gundersen's wife re-takes the stand 8/14/08
☛ TS Gundersen's wife says she lied to investigators, on stand at prelim 8/14/08
☛ ER DA grills alleged victim on stand 8/14/08

DAY FIVE:

☛ TS Gundersen's wife: I didn't think he'd be arrested 8/15/08 (note: the first TS link each day may be dead as they are breaking news posts that later get dropped as the full story is posted the next morning.)
☛ TS Gundersen's wife again denies rape 8/15/08
☛ ER Alleged victim talks about emotional state 8/15/08

Gallegos is gone for a week. Trial is on hold.

DAY SIX:
☛ TS Gundersen's wife spends day 4 on stand 8/26/08
☛ ER Gundersen's wife finishes testimony 8/26/08

DAY SEVEN:
☛ TS Attorney: Gundersen's wife feared she'd be killed for testimony 8/27/08
☛ ER Gundersen’s ex-wife takes stand

DAY EIGHT:
☛ TS Domestic violence expert witness to testify
☛ ER Domestic violence expert to testify

DAY NINE:
☛ TS Expert: Domestic violence is about power, control
☛ ER With heavy heart, Seal’s friend speaks of rape allegations she heard

DAY TEN:
☛ ER Phone calls detail wife’s suspicions, hesitation to talk about alleged sex crimes 8/30/08
☛ TS A question of consent 8/30/08

DAY ELEVEN:
☛ TS Tapes reveal Gundersen's wife's hesitance
In taped conversations with former Blue Lake Police Chief David Gundersen's wife, district attorney investigators caution her about talking with her husband's attorney and expressed concern that she may be lulled into being a witness friendly to the defense in the spousal rape case....

☛ ER One shot at conviction

DAY TWELVE:
☛ TS Guns take center stage in Gundersen case 9/4/08
☛ ER City manager left police decisions up to Gundersen 9/4/08

DAY THIRTEEN:
☛ ER Prosecution rests in Gundersen trial 9/5//08
☛ ER Prosecution rests in Gundersen trial 9/5/08

DAY FOURTEEN:
☛ ER Gundersen defense starts; Seal on stand again 9/8/08

DAY FIFTEEN:
☛ ER Former co-workers blast Seal’s character 9/9/08
☛ TS Defense witnesses question Gundersen's wife's honesty 9/9.08

DAY SIXTEEN:
☛ TS Defense rests in Gundersen case
The defense rested today in the rape trial of former Blue Lake Police Chief David Gundersen, clearing the way for jury instructions and closing arguments to begin Monday.
☛ TS Defense rests in Gundersen case 9/11/08
☛ ER FBI expert: submachine gun use by city police not uncommon 9/11/08
☛ TS Blue Lake begins plans to clean up evidence locker 9/11/08

DAY SEVENTEEN:
☛ TS AG: No conflict of interest in Gundersen case. 9/12/08

CLOSING ARGUMENTS:
☛ TS Closing arguments expected to begin today in Gundersen c 9/15/08
☛ TS Gallegos delivers closing argument
☛ ER Prosecution issues closing arguments in former police chief’s trial 9/16/08

Gallegos said that in all the contacts Gundersen had with Seal after being arrested, he never refuted the charges against him...

☛ TS Gundersen case goes to the jury 9/16/08
☛ TS Gundersen case in jury's hands 9/16/08
☛ ER Spousal rape case goes to jury 9/16/08
☛ TS Jury will read Gundersen verdict Wednesday 9/23/08
☛ TS Gundersen found not guilty of spousal rape 9/24/08
☛ ER Gundersen found guilty on weapons charges but not on rape charges 9/24/08

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.

☛ ER Jury back to Deliberation
☛ TS Jury in Gundersen case sent back for further deliberation
☛ TS Gundersen faces prison sentence for firearms
☛ ER Maximum sentence of Gundersen could be 3 years, 8 months
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
☛ TS Gundersen's battery convictions may come under fire
☛ 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
☛ ER Gundersen verdict closes a chapter
☛ ER Blue Lake looks back, moves forward
☛ ER 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
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
☛ TS Protective order revoked in Gundersen case
☛ 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. 9/29/08

☛ TS Gundersen fails to show up for court hearing 10/22/08
☛ ER Gundersen a no-show at hearing 10/22/08

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.

☛ TS Recommended Gundersen charges stem back to old investigations 11/15/08
☛ TS Trinidad PD recommends theft charges against Gundersen 11/13/08
☛ TS Gundersen files motion to toss convictions 11/13/08
☛ TS Gundersen faces new charge 11/21/08
☛ TS Gundersen given probation for firearms convictions 11.22.08

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.

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. (Gallegos did not appear)

☛ 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.

***
☛ riodelltimes People vs. David Gundersen Part II 3/14/09
☛ TS Gundersen pleads not guilty 3/14/09

***
BLOGS:
☛ Heraldo - Blue Lake Police Chief Arrested for Rape
☛ Mirror - Police chief denies spousal rape accusation, says two were never married 5/10/08
☛ The Wasp - Gallegos the Sneak 5/13/08
☛ The Wasp = Correction/Update
☛ Mirror - Police chief pleads not guilty to spousal rape, requests Valentine’s Day conjugal with wife 5/14/08
☛ The Wasp - Gold stars for Thad and John...but something's amiss
☛ Fred: What???
☛ Fred: Prosecutions
☛ SoHum Parlance - Blue Lake police chief denied OR
☛ BEHIND THE BLUE WALL blog has a post on the Gundersen matter.
☛ Mirror - Blue Lake slips motto contest into city council agenda 3/5/08
☛ Mirror - Gallegos hires Mandrake the Magician to erase memories of alleged rape victims’ names 3/18/08
☛ Mirror - At this point, we would definitely consider a name change 3/26/08
☛ Blue Lake cans Chief Gundersen 4/9/08
☛ Mirror - Blue Lake City Council shows some sack 4/10/08
☛ Mirror - Blue Lake’s entire police force now on paid administrative leave 4/15/08
☛ Mirror - Gundersen got way more action than previously believed 5/13/08
☛ Mirror - Confirmed: Gundersen attorney desperately seeking venue change 7/7/08
☛ Mirror - And now a few words from the Too Goddamn Much Information department
The Mirror Gallegos found guilty of wankering another big case
Heraldo And the verdict is...

BACKGROUND/PAST HISTORY
☛; ER Gundersen: No stranger to bumpy roads The story of Gundersen's previous arrest and its outcome.
☛ Legal Defense Fund http://www.porac.org/ldf/articles/february%201%201998.html
Adelanto Showdown: Officers vs Council February 1998
☛ From the Lunesta site Opening paragraph:

(note: the first TS link each day may be dead as they are breaking news posts that later get dropped as the full story is posted the next morning.)

(NOTE: The Eureka Reporter ceased publication on Nov. 8th, 2008. At this time, all online archives are gone, thus all links are dead. Whether they will be restored is unknown. If anyone is researching this topic, there should be archived copies of the actual papers at the Humboldt County Library. The loss of these archives is a tragedy.)
First posted 2/16/08 Updated on an ongoing basis

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

****

Eye-Opener

***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.***

Thanks! to Thaddeus Greenson for an information-filled article!
Read the whole thing here - Attorneys asks for Douglas-Zanotti case dismissal

Paul Gallegos' obligation to present BOTH sides to the Grand Jury has been discussed here before. This article details the defense's motion and for the first time it is crystal clear just how spectacularly he failed to do that. If you remember the early months of the Palco case, it was reported that Stoen stopped talking to people and agencies that tried to tell him he had no case. In this case, Gallegos had a fully qualified expert witness who gave an opinion contrary to what Gallegos wanted to hear, and he never called him back, instead presenting the Criminal Grand Jury with a lesser qualified expert witness, and then proceeded to tear him down, pointing out that he really had no qualifications.

Excerpts - ...Because criminal grand jury proceedings are prosecution driven, and don't provide defendants with a defense, it is the legal obligation of the prosecutor to present evidence which might show the innocence of the defendants.
In one of the motions filed Wednesday, the defense argues that Gallegos failed to fulfill that obligation.

According to two declarations filed with one of the motions, District Attorney's Office Chief Investigator Mike Hislop interviewed two experts in the field of SWAT team operations and both said they did not believe there was a criminal case against Douglas and Zanotti.

Neither expert was called to testify before the grand jury.

According to the motion and accompanying declaration, Stuart Meyers is the CEO of OpTac International and president of Operational Tactics, a nonprofit organization that manages law enforcement instructors and consultation services. It was selected to train the SWAT and sniper teams for the 2002 Salt Lake City Olympics.

According to Meyers' declaration, after being briefed on the events surrounding Moore's death in a June 2007 phone conversation, Meyers told Hislop he did not believe there was a basis for criminal liability. Hislop never contacted Meyers again, according to the declaration.

EPD Sgt. William Nova, who was the SWAT team commander in April 2006 but was off-duty at the time of the Moore shooting, states in a declaration that he had a similar conversation with Hislop.

In his declaration, Nova states that Hislop told him he felt the shooting of Moore was legally justified, and that he was trying to persuade Gallegos not to bring the matter to the grand jury.

”I advised Mr. Hislop that I agreed with him, and that in my capacity both as the Eureka Police Department SWAT commander and as an uninvolved party, I believed that there had been no violation of law, policy or current SWAT practices with regard to anything that had been done in connection with the Moore incident,” Nova states in the declaration.

Nova said he would have given the same testimony before the grand jury had he been called....

Gallegos did call police training specialist George Williams to the stand as an expert witness at the request of Zanotti's attorney. Williams testified that Moore's death was a clear case of “suicide by cop,” and that the SWAT operation had been handled properly.

Gallegos questioned Williams' qualifications as an expert before the jury, saying he had 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,” Gallegos told the grand jury.

I wonder what the Grand Jury members would say to this?

The other defense motion filed Wednesday targets the pillars of Gallegos' involuntary manslaughter case: that Douglas and Zanotti acted with criminal negligence and that, in entering Moore's apartment without a Ramey warrant, officers committed an unlawful act that led to Moore's death.

In the motion, the defense argues the Ramey warrant wasn't required in the Moore situation because clear exigent circumstances existed, namely that Moore posed an immediate threat to herself and the community that necessitated prompt action.

The defense motion also takes aim at the prosecution's claim that Douglas and Zanotti acted in a criminally negligent manner by failing to adequately supervise the SWAT and crisis negotiation teams, and the communication between the two.

Not only does the evidence show that both teams, and the communication between them, was supervised, the defense argues, but Gallegos also failed to provide the grand jury with a benchmark of what constitutes “adequate supervision.”

In the motions, the defense also argues that Gallegos improperly and inadequately instructed 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,” the motion states.

The defense also argues that Gallegos failed to instruct the jury on justifiable homicide as an absolute defense to manslaughter and that, by presenting SWAT team members with immunity agreements that were known to the jury, Gallegos implied they were somehow guilty of committing a crime and that, by extension, so were their commanding officers.

Further, the defense argues in the motions that if the court finds legal fault with one of Gallegos' theories -- either of criminal negligence or the commission of an unlawful act leading to Moore's death -- it is obligated to throw out the entire indictment.

The motion states “where a court finds that one of the two alternate theories of guilt is legally unavailable, and there is no means by which to determine whether or not a conviction was predicated on that theory, the convictions must be reversed altogether.”

If a judge denies the defense motions, which are scheduled to be heard July 10, it would still have an opportunity to appeal them to another court before a trial takes place because the motions were filed within 60 days of Douglas and Zanotti's arraignment.

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