Another retrial, cleaning up the mess UPDATED from 5/11

◼ Deal? Trial? What will the next court date for twice tried alleged child molestor Timothy Littlefield be? - John Chiv/Words Worth May 28, 2015

Timothy Littlefield has come close to prison twice. The decision in the last trial is under appeal and so Round 3 is in limbo. There is a court hearing on June 11 for disposition and reset. I bet it will be continued.

◼ Next court hearing for Timothy Littlefield set for June 11, guess round 3 is on, alleged charges include sodomy with child under 10 - John Chiv/Words Worth May 12, 2015

◼ "Looks like we will be going round 3 in the Littlefied case", will the third time be justice for Timothy Littlefield - John Chiv/Words Worth May 8, 2015

If you are not familiar with the Timothy Littlefield case, you may want to click on the links below. For those following the saga, the above quote is from Littlefield's attorney Russ Clanton....

Follow John Chiv's blog for ongoing coverage of this and other Humboldt County court cases...

Background:

◼ Molestation trial in jury's hands; McKinleyville man faces eight life sentences if convicted - Thadeus Greenson/Times-Standard UPDATED: ON 10/27/2011

Timothy Floyd Littlefield, former manager of the Arcata iCenter medical marijuana dispensary, was arrested by Humboldt County sheriff's deputies in February 2009 and faces a total of more than eight life sentences if convicted of the 11 molestation charges confronting him. The victim in the case, identified in court documents only as Jane Doe, is now 11, and was an 8-year-old family member of Littlefield's at the time of the alleged acts of molestation.

◼ McKinleyville man convicted of 11 molestation charges ... - Thadeus Greenson/Times-Standard UPDATED: ON 09/13/2013

The trial was Littlefield's second on charges that he molested a little girl repeatedly over the course of a year, coming after a jury deadlocked 11-1 in favor of convicting him last year, causing a judge to declare a mistrial in the case.

◼ Unconfirmed as of now but Timothy Littlefield case to be retried? - John Chiv/Words Worth May 9, 2014

Several community members have called recently to ask me to check and see the status of Timothy Littlefield, the Mckinleyville man convicted of 11 molestation charges last year and eight life sentences without parole.

◼ McKinleyville Man Facing 8 Life Sentences Granted Mistrial ... - North Coast Journal - May 12/2014

Timothy Floyd Littlefield was facing eight life sentences in state prison without the possibility of parole stemming from convictions on 11 child molestation charges when he stood before Humboldt County Superior Court Judge John Feeney last week at a sentencing hearing. Instead of sentencing Littlefield to serve 188 years to life, as he said was his intent, Feeney declared a mistrial in the case, finding juror misconduct in the months-long trial that wrapped in September....

Police arrested Littlefield in February 2009 on allegations of repeatedly molesting Jane Doe, who was an 8-year-old family member of his at the time of the offenses. Prosecutors argued during both trials that Littlefield kept the girl in isolation and threatened her to keep quiet as he molested her in secret for more than a year. Clanton argued at the trials that Jane Doe, her mother and another witness concocted the allegations to get back at Littlefield for abusing his wife.

Littlefield appeared crushed at the jury verdict in September, when he collapsed onto counsel table, sobbing, as the court clerk rattled off the guilty verdicts to all counts. In the wake of the conviction, Clanton has worked extensively to try to get the verdicts vacated, filing a number of motions, including one alleging that advocacy groups were texting witnesses in the case from the courtroom as the trial was proceeding. Feeney denied the motions until the topic of juror misconduct came up last week.

◼ Timothy Littlefield posted bail and is out of custody - John Chiv/Words Worth May 15, 2014
◼ The Timothy Littlefield story the mainstream media did not cover; another juror gives perspective - John Chiv/Words Worth May 16, 2014

On May 9, I posted on this blog that the Timothy Littlefield case would be retried, possibly due to juror misconduct. Since I was not in court, I wanted to verify and get some information.

The next week, the NCJ and Times-Standard followed up. Those publications said that the case has a retrial and that a mistrial was declared due to juror misconduct. The first time this case was tried, the jurors deadlocked 11-1; the second time, all jurors found him guilty of 11 charges and he was sentenced to eight life sentences without parole. The District Attorney's Office is appealing Judge John Feeney's decision to the State Attorney General. That's it.

◼ Trial date for child molestation case vacated - Daily News 6/11/14

The date for what would be McKinleyville resident Timothy Floyd Littlefield's third trial for 11 child molestation charges was vacated Tuesday to allow more time for the state Attorney General's Office to review an appeal request by the Humboldt County District Attorney's Office, according to District Attorney Paul Gallegos.

...Littlefield was arrested in February 2009 on accusations that he regularly molested an 8-year-old family member for over a year. The case has been tried twice - in 2011 and 2013 - with both ending in a judge granting a mistrial.

The most recent mistrial was declared in May for jury misconduct after a juror indicated in a declaration that the defense did not prove that Littlefield was not guilty. As the burden of proof is the responsibility of the prosecution and not the defense, Superior Court Judge John Feeney saw this as misconduct.

◼ Timothy Littlefield deal in the works? - John Chiv/Words Worth Jun 30, 2014
◼ The Timothy Littlefield story the mainstream media did not cover; another juror gives perspective - John Chiv/Words Worth May 16, 2014

On May 9, I posted on this blog that the Timothy Littlefield case would be retried, possibly due to juror misconduct. Since I was not in court, I wanted to verify and get some information.

The next week, the NCJ and Times-Standard followed up. Those publications said that the case has a retrial and that a mistrial was declared due to juror misconduct. The first time this case was tried, the jurors deadlocked 11-1; the second time, all jurors found him guilty of 11 charges and he was sentenced to eight life sentences without parole. The District Attorney's Office is appealing Judge John Feeney's decision to the State Attorney General. That's it.

◼ Yet another delay in Timothy Littlefield retrial - John Chiv/Words Worth Jul 15, 2014
◼ Littlefield retrial set for Oct 20, defense hopes to resolve before then - John Chiv/Words Worth Jul 29, 2014

This (was) the third time this case is being tried. The jury verdict of the second trial resulted in a mistrial being declared by Judge John Feeney. That decision under appeal. DDA Jackie Pizzo appeared instead of Paul Gallegos.

◼ Will he won't he go to trial for the third time? - John Chiv/Words Worth Sep 23, 2014

Timothy Floyd Littlefield's victim will have to keep waiting to see if there will be yet another trial or if appeals court will uphold the second trial jury verdict.

◼ Timothy Littlefield case keep getting continued, now next hearing on January 18 - John Chiv/Words Worth Oct 15, 2014

◼ Attorney General to default on Littlefield molestation case? Will Paul do his job? - John Chiv/Words Worth Nov 25, 2014

◼ Attorney General files opening brief in Timothy Littlefield child molestation case - John Chiv/Words Worth Dec 18, 2014

◼ OTHER: [DOC]Filed 6/28/13 Littlefield v. County of Humboldt CA1/3 NOT ... - COMES AS A DOWNLOAD, not a link

Surf's up?

Where is Paul Gallegos?

◼ "Every week we come back and hear the same excuse"; attorneys in Ferrer case express frustration with delays by Gallegos - John Chiv/Words Worth

Today in Courtroom 4, the Ferrer case was scheduled for status of discovery and a motion to dismiss the case against Sophie Rocheleau. Paul Gallegos, who is prosecuting the case, has missed several court dates and hearings have been continued several times.

That happened again today. ADA Kelly Neel told the court some time when the hearing was underway that Mr. Gallegos is ill and that decisions regarding issues brought up by Mr. Marek Reavis who represents Juan Ferrer and Mr. Benjamin Okin, who represents Rocheleau, be discussed when Mr. Gallegos is back next week....

"Every week we come back and hear the same excuse," was Mr. Reavis' response and frustration when Ms. Neel responded to his statements at the start of hearing.

Several times, Mr. Reavis and the attorneys have requested X-rays and information on autopsy essential to their case, and finally today, only Mr. Reavis received two CDS, both which he said were duplicates. There were two dozen "images that had never been discovered before, according to Mr. Reavis." He told the Judge that "this is material that should have been discovered the first week."

He told Judge Reinholtsen he renews his request for sanctions. Mr.Okin and Ms. Jennifer Dixon who represents Nicholas Stoiber did not even get these CDS. - Read the rest.
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C'mon, MAN! It's a couple more months is all. Then you're free. DO YOUR JOB.

THE FERRER, ROCHELEAU, STOIBER PRELIM Defendants held to answer on all charges

Two voices "Fuck you and your fat girlfriend" and "I am still following you"

KELLY NEEL PROSECUTING. WHERE IS PAUL?

DAY TWO:
◼ Ferrer defendants held to answer on all charges - John Chiv/Words Worth 5/29/14

Arraignment for trial on June 10 at 2 p.m. in Ctrm 4. Judge Wilson said counsel had good arguments and while he saw evidentiary issues and potential problems with jury instructions, he said Ferrer's actions did meet implied malice and that use of a knife in a physical alteraction was similar to bringing a gun to a knife fight.

◼ Reavis and Okin get Sligh to admit testimony left out during prosecution cross in Ferrer case - John Chiv/Words Worth 5/29/14
◼ Possibility of other assailants and more heroin connections raised in Ferrer prelim day 2 - John Chiv/Words Worth 5/29/14

DAY ONE:
◼ A witness in Ferrer case describes what she heard. Detailed testimony from today's preliminary updated later. - John Chiv/Words Worth 5/28/14

Ms. Neel's first witness APD Detective Dockweiler. Mr. Reavis doing cross.

More, at the link.

◼ Arcata detective describes scene of fatal stabbing - Will Houston/Times-Standard 5/28/14

The preliminary hearing is scheduled to continue (Thursday) at 9 a.m.

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And WHERE was Paul, who was to have handled this case PERSONALLY?
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PREVIOUSLY: Gallegos informed Reinholtsen that he had not had the opportunity to speak with Anderson-Jordet's family

◼ Humboldt County District Attorney Paul Gallegos said... he has reassigned the Douglas Anderson-Jordet fatal stabbing case from Deputy District Attorney Elan Firpo to himself.

”It was my own inner sense of justice for everyone involved and my disappointment that some would use this case for political purposes instead of trying to seek justice,” Gallegos said....

So, WHERE was Paul?

Another busy court calendar...

From Chiv's COURT BEAT:

◼ Local realtor Randy Cook sentenced to 270 days in County jail and led away in cuffs - John Chiv/Words Worth

It should have been a slam dunk and he could have gotten away but some justice did prevail today for Randall Miles Cook's present victim, his own 7 year old grandaughter. And perhaps some closure for the victims that never got their day in court. There have been allegations before and whispers in the community and many reasons other victims did not get to tell their story....

This case is being prosecuted by DDA Kelly Neel. The defendant is being represented by Michael Robinson and Judge Marilyn Miles presiding in Courtroom 2.

◼ Elmy Workman sentencing postponed again. - John Chiv/Words Worth

Judge Feeney presiding in Courtroom1. Jason Sheets (instead of Luke Brownfield just today) for the People. Neal Sanders for the defendant, Elmy Workman. Allison Jackson, for the victim, Angela Pitts who she is representing pro-bono in this case.

An interesting exchange

It wasn't intended by either of the candidates as campaign fodder, nor am I presenting it as such - I just thought it was an interesting exchange, precisely because it IS about real world work. See what you think. (Note: I abbreviated the names to initials, except for those related to the DA topic)
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The conversation relates to this bit of information from Allan Dollison: ◼ Ok, thanks to the excellent investigative work by Elizabeth Fletcher and Lindsey Jones Ziegler I followed up on the DEC program here in California. DEC stands for Drug Endangered Children. Much of the discussion on HMAAP has focused on individuals with Meth Addiction, the law, and health policy concerns such as treatment, but the DEC is extremely important because it recognizes that there are truly innocent victims out there of this terrible affliction with Methamphetamine t... (snippet, click for the full comment)

LJZ: Thanks so much Allan. I am super excited about this. Does the state cover all of the costs for the training? Or would some funding need to be secured for the venue and other ancillary costs?

JG: Thanks for following up on this, Allan. I sent you a message, it may be in your "Other" inbox.

SS: I'm all for it and interested!!

EF: Thanks so much Allan! This is so exciting. As for who should attend, I think that docs, nurses, EMT's, anyone who goes in to families' homes to work with them - HCOE, Regional Center, Changing Tides, Northcoast Children's Services, I know there's more, but I haven't had any coffee yet. You get the idea. I am excited to hear about this and would be willing to help in any way I could. Thanks again!

PM: Nice job Allan. Good info!!

VGR: Good work Allan. CWS front line workers need to attend. WHen you get a date, contact Keri Schrock, (phone number redacted, available on the Facebook thread)

LV: Allan Dollison Thank you so much !!! For me personally this is the best thing I have seen come out of the group yet !! Not to discount anyone's' contributions but something like this is what I have been looking for. No one is accountable for these conditions that these kids are exposed to and left in. I was reading on here the other day that meth positive mothers often get discharged with their newborns I thought that was just crazy.

LV: To have people given options and accountability across service lines is a very good thing for the kids.
February 19 at 5:56pm · Like · 1

Allan Dollison: I appreciate all of the comments. I do think the right suggestion of folks have come in, and I will compose the E-Mail to Mr. Brown. Interestingly, I was contacted by a former colleague of mine who informed me that a couple of lawyers, a CPS interviewer, and Drug Task Force did some training in Red Bluff about 3 years ago, but there was no one else from Humboldt that participated. I will insure that ALL law enforcement, and these added folks get the training, because it is not a small universe of people who can impact the problem. It needs to be a WIDE net. As it was explained to me this training would be free for the County. They pay for the trainers and the location even if there is a cost. that will be finalized with my discussions with Mitch of DECAlliance, CA Chapter. I will compose the E-Mail tomorrow and hopefully they can come soon. Yes Linda Villano that is tragic if that is happening. Perhaps that can be discussed, all of the more reason why we need to get Medically-trained personnel in the training. There is no more drug-endangered child than a baby born to a Mother addicted to Meth.

EF: Allan Dollison, the more I think about this, the more excited I get. I just want to thank you for jumping on this! Clearly, it is such an important issue and I have been hoping someone would come along and see that importance. Someone that has the tools to actually help this community move on it. This group is amazing and your input and involvement is just awesome! I will be voting for you and will be happy to have your sign on my lawn when the time comes. This isn't the place to talk campaigns, but you have certainly earned my vote. Thanks again, really.

Kelly Neel: Allan, There was a DEC training in Red Bluff roughly three years ago and the Child Abuse Services Team went in whole - as well as DTF and at least one detective from the HCSO. It was a large group participating from Humboldt and it was a great training.

Allan Dollison: Kelly; Melinda mentioned that after she saw this post. When I spoke to Mitch Brown statewide coordinator for DEC he said that they had not been to Humboldt in a very long time. The advantage of doing the training here is a much larger audience to include CPS/CWS workers, educators and health personnel as well as substantially more cops on the beat will be able to attend. I am glad to hear the training was good, and now I want to help bring it here for a much larger audience of Humboldt personnel.

Arnie Klein: Thanks for bringing up this important topic Allan. I wanted to add that I will throw our own and invite all the counties to participate when elected DA. This would be the most beneficial to Humboldt.

Allan Dollison:Yep. We need urgent action now. This can't wait for the election!
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Read more at the Facebook page. This is a dedicated group of people who are trying to address a huge problem in our community. Stephen Smith, one of those people, urges you to "Take Action: Please visit our website to learn about how to participate in our Working Groups." ◼ Join the conversation.

Remember when Paul Gallegos didn't have a child abuse prosecutor, so he said he was going to have EVERYONE do every job, so they'd all be better at what they do? Well...

Now, you too can be an Assistant DA.

Fresh out of law school and don't have a clue? Already carrying the load of five people who've been 'lost,' fired or driven off?

If rumors are true of course. And, there's always the proverbial tip of the iceberg aspect to this. There's a lot going on, but the public never gets to hear about it. Paul's such a fine D.A. and all. (yes, I know, Eric, he won.)

◼ Musical chairs at the DA's? - John Chiv Words Worth

Arcata double homicide suspect Bodhi Tree pleads not guilty: Case eligible for the death penalty

◼ Arcata double homicide suspect pleads not guilty: Case eligible for the death penalty - Lorna Rodriguez/The Times-Standard

Bodhi Tree, 28, is accused of killing Christina Schwarz, 18, and Alan “Sunshine” Marcet, 27, with a handgun, Humboldt County Superior Court Judge Christopher Wilson said. A special circumstance enhancement was added because there is more than one victim, which makes the case eligible for the death penalty, Wilson said.

Humboldt County Assistant District Attorney Kelly Neel said the district attorney's office hasn't decided whether to seek the death penalty.

”It's too early to make that determination,” Neel said.

Public defender Kevin Robinson said he will represent Tree once any conflict of interest determination is made.

Tree audibly said, “I didn't commit no murders,” as he conferred with his attorney, who tried to quiet him in court. Tree, originally from Garberville, has a Humboldt County criminal history that stretches back to at least 2007 and includes a guilty plea to resisting arrest after a 2011 high speed chase, according to court documents.

UC Berkeley School of Law Professor Franklin Zimring said multiple deaths are one of several factors that can qualify a case for the death penalty.
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◼ FOURTH UPDATE: No bail for double homicide suspect - The Times-Standard 5/18

◼ Officials: Looking for gun used in weekend's double homicide - The Times-Standard 5/21

----- Presumably, they tested his hands for gunpowder residue that night, right? ------

Judge upholds sentence for Arcata molester: 18 years for ex-pastor who preyed on 2 adopted daughters

◼ In making his ruling, Judge Bruce Watson said he stood by his original sentencing of Cardelli to 16 years in prison on counts of sexually abusing his two adopted daughters and two consecutive years in prison for attempting to dissuade one of the girls from testifying. - Kaci Poor/The Times-Standard

Following his arrest in September 2010, the prosecution charged Cardelli with three counts of lewd and lascivious behavior with a child under 14 years old, seven counts alleging there were multiple victims in the case, two counts of oral copulation with a child under 16, recurring sexual conduct with a victim under 14 and a special allegation of a victim under 14.

In December 2010, Cardelli was given explicit orders from the court to refrain from any contact with the pair of alleged minor victims in the case, including both phone and Internet contact.

Prosecutors argued in January 2011 that Cardelli had used a throw-away cell phone and a “false” Facebook page to contact the one of the victims.

During Cardelli's initial sentencing in August 2011, Watson said the man took advantage of a vulnerable victim, a girl he'd adopted at the age of 5 and who was 13 when the acts of molestation began. The judge said Cardelli then repeatedly attempted to dissuade the girl from cooperating in the case.

Standing by his previous comments, Watson said Monday the former pastor used his position as an adult, a father and a pastor to betray the trust and confidence of his daughter, his community and his congregation.

Under the terms of his sentencing, Cardelli will serve at least 85 percent of his 18-year prison sentence, will be put on supervised parole for 20 years after his release and will have to register as a sex offender for life.

Not even a plea deal. No evidence.

◼ Judge dismisses murder charge against Loleta woman - Thadeus Greenson/Times Standard

A Humboldt County judge has dismissed the murder charge facing a Loleta mother accused of killing her baby with methamphetamine-laced breast milk last year.

In a ruling filed Wednesday, Humboldt County Superior Court Judge Bruce Watson threw out the murder charge against Maggie Jean Wortman, 27, finding that no evidence was presented at the case's preliminary hearing to establish that Wortman knew she was endangering her infant son's life when she breastfed him after allegedly smoking methamphetamine.

Humboldt County Deputy District Attorney Ben McLaughlin said Wednesday he may choose to refile the murder charge and start the case over again from square one.

”We did not consider a murder count until after the testimony at the preliminary examination but thought there were sufficient facts to support such a charge,” McLaughlin said in an email to the Times-Standard. “Our investigation has continued since the preliminary examination, and we will meet as a group to consider whether or not to refile the murder charge. If we decide to refile, the preliminary examination will be considerably more involved.”

Wortman was arrested after her 6-week-old son, Michael Phillip Acosta III, was taken not breathing to a local hospital the morning of Nov. 21, 2010. Michael was pronounced dead that day, and a subsequent autopsy determined his cause of death to be “methamphetamine toxicity.”

A win

◼ Arcata man gets maximum sentence in child sex abuse case

A Humboldt County judge sentenced an Arcata man on Wednesday for the continual sexual abuse of a minor, dissuading the minor from testifying against him and committing a felony while out on bond.

W. Bruce Watson sentenced Wayne Thomas Bukowski, 37, of Arcata, to 20 years, eight months in prison -- the maximum sentence allowed by law. Bukowski is also required to register as a sex offender for life.

This case was prosecuted by Deputy District Attorney Kelly Neel.

No charges in toddler drowning; Deputy DA: 'Does not rise to the level of criminal negligence'

◼ No charges in toddler drowning; Deputy DA: 'Does not rise to the level of criminal negligence'

The Humboldt County District Attorney's Office has decided not to file criminal charges stemming from the March 6 drowning death of a 20-month-old boy in Eureka.

”At the end of the day, it is a horrible family tragedy, but the conduct does not rise to the level of criminal negligence,” said Deputy District Attorney Kelly Neel. “We have decided not to file criminal charges as it relates to this child's death.”

Caiden Archie Cathey died March 6 when, according to officials, he fell from a dock in Eureka's Halvorsen Park into Humboldt Bay while still strapped into his stroller and drowned.

Loleta mom remains behind bars; bail in manslaughter case set at $150K UPDATE: Charges dismissed

◼ Loleta mom remains behind bars; bail in manslaughter case set at $150K
Maggie Jean Wortman, 26, appeared in court Wednesday after being arrested last week when a probation drug screening came back positive for methamphetamine. Humboldt County Superior Court Judge Bruce Watson ruled Wednesday that Wortman be held on $150,000 bail and pending a probation hold recommended by the Probation Department.

Appearing to tread delicately around a sensitive issue, Lee said Wortman admitted in a pre-booking interview at the jail last week to possibly having a “substantial medical condition” that may have led the Probation Department to believe her release would pose a “danger to other people.”

”That situation has proven not to be true,” Lee told the court, adding that the Probation Department's recommendation might change now that it is known Wortman is “not, in fact, pregnant.”

Deputy District Attorney Kelly Neel said that information should not change the court's decision regarding whether to release Wortman on her own recognizance or lower her bail.

”She is on felony probation and continues to engage in felonious conduct,” Neel told the court.

UPDATE: ◼ Judge dismisses murder charge against Loleta woman - Thadeus Greenson/Times Standard

A Humboldt County judge has dismissed the murder charge facing a Loleta mother accused of killing her baby with methamphetamine-laced breast milk last year.

In a ruling filed Wednesday, Humboldt County Superior Court Judge Bruce Watson threw out the murder charge against Maggie Jean Wortman, 27, finding that no evidence was presented at the case's preliminary hearing to establish that Wortman knew she was endangering her infant son's life when she breastfed him after allegedly smoking methamphetamine.

Rape - yet another PLEA DEAL

◼ DA's Office reaches plea deal in van rape case

A Dunsmuir man charged with raping a woman while she was unconscious in the back of his van pleaded guilty Wednesday in a plea deal and was sentenced to three years in prison with five years of parole after his release.

Benjamin Roland Baszler, 25, {note - a registered sex offender, has previously been charged with lewd or lascivious acts with a child under the age of 14, according to the Megan's Law website.} was arrested Dec. 4 after Humboldt County Sheriff's Office deputies found him in his blue Chevrolet Astro van parked along Highway 299 with an unconscious woman in the back. He was charged with having intercourse with a person who is unconscious or incapable of resisting and having intercourse with a person who is prevented from resisting because of an intoxicating substance or controlled substance.

Baszler originally pleaded not guilty earlier this week to the two rape charges and was scheduled for a preliminary hearing Tuesday. Deputy District Attorney Kelly Neel said the Arcata Police Department was able to locate a key witness Tuesday afternoon, which led to the plea deal.

Neel said the witness' statements supported Baszler's account of the evening and the case became a question of whether Baszler should have known that the victim was too intoxicated to consent.

We're right back to business as usual with this DA. The voters in Arcata and SoHum can be so proud.

◼ Dunsmuir man's hearing on rape charges delayed

Due to the volume of cases in Judge Harold Neville's courtroom Tuesday, the case was moved back one day.

◼ Dunsmuir man accused of rape pleads not guilty

◼ DA's Office reaches plea deal in van rape case

This conviction will be Baszler's second under the “three strikes” law. If he commits another offense, he could serve 25 years to life in state prison.

He was convicted in 2005 of lewd or lascivious acts with a child under the age of 14 in Nevada County, Calif. He also has a felony marijuana possession conviction and a conviction for failure to appear in court.

◼ Court denies bail for Blue Lake rape suspect

”There was other evidence in the van that indicated that there had been other sexual activity,” Godsey said. “Whether or not there were other victims we don't know. There was just enough evidence to raise some concern that there could be other victims.”

◼ Dunsmuir man arrested, charged with rape
The Humboldt County Sheriff's Department is looking for information after a Dunsmuir man was arrested and charged with rape of an unconscious victim on Saturday, the Times-Standard has learned.

Deputies arrested Benjamin Roland Baszler shortly after 11 p.m., after conducting a vehicle investigation on a blue Chevrolet Astro Van parked along Highway 299, according to a press release. Baszler, a registered sex offender, has previously been charged with lewd or lascivious acts with a child under the age of 14, according to the Megan's Law website.

Humboldt County Sheriff's spokeswoman Brenda Godsey said Baszler told officers he had just finished having sex with a woman in the back of the van, who he said was sleeping when officers initially questioned him.

Through the van windows, officers saw a woman lying motionless, and she did not respond when the officers tapped on the windows, according to the release. Officers then asked Baszler to open the sliding door, and he agreed.

Officers then attempted to wake the woman, who remained unconscious. Officers continued to try to wake the woman, who eventually was able to open her eyes but was disoriented, and said that she did not know Baszler or how she got into the van....

◼ California Registered Sex Offender

Court hearing will determine progress in Bigleggins case

◼ Court hearing will determine progress in child killing case
A court appearance today in a child killing case will determine whether the defendant is ready for a preliminary examination, in which the prosecution lays out its evidence.

The case against Leon Alyious Bigleggins, 25, has been progressing slowly, in large part due to a delayed autopsy report. Bigleggins is accused of killing 4-year-old Dylan Blount-Chambers in July at a residence near Titlow Hill outside Blue Lake.

An autopsy report found that the boy died from blunt-force trauma to his head and stomach. Bigleggins has been charged with murder, assault on a child and felony child abuse, to which he has pleaded not guilty....

Deputy District Attorney Kelly Neel said that her office has received additional discovery and has provided it to the defense. The hearing today will determine if the preliminary examination will proceed as previously scheduled on Dec. 1, Neel said.

278 hours, 25 minutes

◼ Unpublishable Letters, A Work In Progress – October 20, 2010

From the Arcata Eye:

Note: The following letters were submitted sequentially to different newspapers. The third one came in Wednesday, Oct. 20. To understand it, we’ve added the first two, starting with a Sept. 21 letter to the HSU Lumberjack (which included the writer’s home phone number), then a Sept. 30 response sent to both the Lumberjack and the Eye. – Ed.
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Gallegos bungled a rape prosecution

During the last school year, a student at Humboldt State University was raped. The Arcata Police Department investigated the crime and apprehended the rapist, who had left the state of California. The case was handed over to Paul Gallegos, district attorney. For whatever reason, he decided not to prosecute. Detective Martinez from the Arcata Police Department had done an outstanding job in handling the crime. In essence, he did his homework.

Paul Gallegos is again running for office of District Attorney. Personally, I would not vote for him for dog catcher. I strongly encourage you to vote for Allison Jackson, who has a background in crimes of this nature and is more than qualified to enforce the law. Students and the residents in Humboldt County deserve stronger support, representation, and justice in this particular area of the law.

Frank J. Cheek, Educator
Arcata
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Cheeky inaccuracy

I recently read a letter sent in by Mr. Cheek to the Lumberjack to which I must respond.

It is unfortunate that Mr. Cheek, who describes himself as an educator would write such an ill-informed and ignorant post. While Mr. Cheek may support Ms. Jackson, this does not give him or anyone else the right to be so fast and loose with the truth. Mr. Cheek knows nothing about the case of which he writes. Up until today, I would have said that I doubt Ms. Jackson would approve of such an attack so devoid of facts; I was apparently wrong.

I can tell you that I was the handling attorney on the case about which Mr. Cheek writes. Out of respect for the young woman and her privacy I will not write of any of the details. Detective Martinez and I both worked very hard on this case; in the end the young woman, on no uncertain terms, made it clear that she would not cooperate or participate in the prosecution. This was after the case was charged; the suspect in question was extradited and housed in the jail for several weeks. Without her testimony, the People could not proceed and therefore the charges were dismissed.

Mr. Cheek, you sir were not a witness to the events of this alleged crime; nor were you privy to the communications between the young woman and Detective Martinez; nor were you a party to the communications between myself and this young woman. Before you made comment perhaps you should have educated yourself.

To do anything less is an insult to Detective Martinez, APD and the District Attorney’s Office.

Kelly Neel, Deputy District Attorney
Eureka
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Another parent not for Gallegos

I read a response today sent by Kelly Neel, Deputy District Attorney, regarding a letter sent by Coach Cheek regarding my daughter who was a victim of a serious crime. Please let me introduce myself. My name is Angela Hampton and I am the victims’ mother. This year will mark 30 years for me with the State of California. I have worked directed with District Attorneys’, Administrative Law Judges, Provided Expert Testimony for the State of California, Law Enforcement Agencies, Legislators and Policymakers. I feel pretty qualified on how the “system” operates and I’m not going away anytime too soon.

Ms. Neel may criticize Coach Cheek for being uneducated but I’m not. I commend Coach Cheek’s actions. I know little about him but I do know one thing, he has a strong military, “no nonsense background.” He is pretty “straight up” – something the Humboldt DA Office does not possess!

It is apparent that cases are repeatedly dismissed, charges reduced and where the Humboldt DA Office has gone soft on the serious offenders. It definitely looks like a pattern of behavior that sacrifices justice and lets criminals off with light sentences or no sentences at all. Mr. Gallegos and Kelly Neel couldn’t be further from the truth regarding my daughter’s case. The communication was the poorest that I have encountered in my 30 years of civil service work especially concerning victims of serious crimes.

Deceit to the public should not be tolerated. My daughter and I deserve an answer and deserve the truth. We are still waiting for the truth. On the contrary, my daughter was fully cooperative and still remains fully cooperative regarding the case and she awaits the decision from the Attorney General’s Office. The Attorney General’s Office didn’t accept the case for review for nothing. They were “interested” because something looks wrong.

On July 28, 2010 my daughter filed a complaint with U.S Attorney General Eric Holder and Attorney General Edmund Brown. The case is currently being investigated and pending an answer. The request for the solution from my daughter is to refile the charges against the perpetuator because there was no answer or intelligent reason why the case was dismissed. That doesn’t sound like someone that is “uncooperative.” My daughter even claims, “the perpetuator could have at least gotten community service.”
Here is what I think happened. There was a preliminary hearing in the case and the defendant was held to answer on the charges. Jeremiah Ross conducted the preliminary and the defendant was bound over on July 15th. The court set the rearraignment on the information and not the complaint for July 29th. Then for some unknown reason Ms. Neel scheduled it to be advanced for a dismissal on July 22, 2010 without notifying the victim and the family. A couple of conversations took place between Kelly and I. First she blamed it on Jeremiah Ross (does he know that), then she tried to blame it on my daughter’s cooperation, then Mr. Gallegos informs my husband and I that there was a third party witness who he refuses to tell us the name.
I challenge both Kelly Neel and Paul Gallegos to the truth. Let me know the day, time and place.
Please call me for additional information or the letter to the Attorney General’s Office. Thank you.

Angela Hampton
Sacramento
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Note: The following letter was forwarded by the alleged rape victim’s mother. She says it was sent to U.S. Attorney General Eric Holder and California Attorney General Edmund Brown. – Ed.

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‘Weak leadership and poor managerial practices’

July 28, 2010

Attorney General Eric Holder

U.S Department of Justice

950 Pennsylvania Avenue, NW

Washington, DC 20530

RE: Dismissal of Charges and Release of [accused rapist's name redacted] on July 22, 2010

District Attorney of Humboldt County – Paul Gallegos

Case No. CR1003266

Dear Honorable Eric H. Holder, Jr:

The Humboldt County District Attorney’s Office, Paul Gallegos, failed to protect me by releasing [name of accused redacted] on July 22, 2010 by dismissing all charges with absolutely no contact to me as the victim. Attached is a press release that was issued from the Arcata Police Department with serious charges stemming from rape to false imprisonment in which I suffered physical and mental trauma.

Among the most disturbing findings and decisions made on this case are:

Based on the strong evidence, [name of accused redacted] was extradited all the way from the State of Kentucky to Humboldt County, confined on June 29th, only to be release with a dismissal of all charges, on July 22, 2010, by the District Attorney of Humboldt County, Kelly Neel.

Detective Robert Martinez of the Arcata Police Department repeatedly informed both me and my mother, that he has a strong case with both physical and internal injuries including tearing that I suffered during the course of the crime along with two written affidavits generated by Arcata Detective Robert Martinez that were very damaging to the perpetrator. Detective Martinez was appalled and disappointed by the dismissal of charges of [name of accused redacted].

Prosecuting Deputy District Attorney, Kelly Neel, was very excited to try this case and felt fully confident to pursue it through an exchange of emails with my mother. I wear a hearing aide and have difficulty with hearing loss so I am unable to talk on the phone but provided my email to DA Kelly Neel, who swapped my case right under the carpet and took full advantage of my disability. There were no doubts in Ms. Neel’s information that this serious offender was going to walk free only to prowl on his next victim.

It was my mother who stumbled over the dismissal of charges; otherwise, I had no way of knowing that this offender was released.

DA Kelly Neel told my mother it was evidentiary. Detective Martinez tells me there was plenty of evidence including medical evaluation reports and my swollen face when slammed against the bathroom basin by my perpetuator. What has gone wrong here? Was anyone going to tell me that my offender was freed? Surely, my perpetrator should have at least had an assault charge against him with probation or jail time.

As a victim, I am requesting a thorough investigation from your office in the interest of justice for victims who are swept under the carpet based on the fact that they just don’t want to do their job.

The Humboldt County Grand Jury found that “Weak leadership and poor managerial practices” have undermined the Humboldt District Attorney Office and that current management exhibits a limited understanding of how things are done in the department. Staff members are saying that Mr. Gallegos lacks the global perspective needed to keep the department operating efficiently and that he does not fully understand the functionality of many of things they do in the office.

It is apparent through my family’s research that cases are repeatedly dismissed, charges reduced and where the Humboldt DA Office has gone soft on the serious offenders is explicit of a pattern of behavior that repeatedly sacrifices justice and lets criminals off with light or no sentences at all. Many serious cases have ended up like mine all involving explosive evidence that would put the offender behind bars or at least a probation punishment.

I am requesting the highest power to get involved in this tightly knit county that continues to dismiss serious cases that would otherwise be prosecuted at the fullest extent of the law. Criminals are walking away with slaps on the wrist by dismissing their charges and giving defendants what they want. It is my opinion that Paul Gallegos simply isn’t following the law with regard to dismissals and plea agreements.

The following information is provided to your Office of Attorney General so you may carry out your mission to investigate and restore justice for victims like myself. The officials involved are:

Detective Robert Martinez

Arcata Police Department

Special Services Unit

Email HYPERLINK “mailto:bmartinez@arcatapd.org” bmartinez@arcatapd.org

Phone: (707) 825-2512

822-2428

Police Report #10-1306

Paul Gallegos, District Attorney

Humboldt District Attorney Office

825 5th Street, 4th Floor

Eureka, CA 95501

(707) 445-7411

Kelly Neel, Deputy District Attorney

Humboldt District Attorney Office

825 5th Street, 4th Floor

Eureka, CA 95501

(707) 441-3051

As a student I had aspirations of higher education with two academic scholarships and one athletic scholarship at Humboldt State University. This crime has caused me great mental and physical trauma in which I am required to take a leave of absence from college for six (6) months. As a victim, I deserve better justice than what I have received.

I look forward to a favorable response in which justice may be restored by holding even the District Attorney’s Office to the highest standard of law.

Sincerely,

O/S
[Name and address of alleged victim redacted]
Elk Grove

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The thing is - among many things here - a Deputy DA should not be put in a position where she is talking to the press - it is the DA's job to discuss cases, and then very judiciously, NOT the Deputy DA's job and it is unfair to put them in this position, and very bad judgement in this instance.

Who is running the DA's Office?

Larsen sentencing postponed: Attorney may seek to remove DA's office from case

◼ Larsen sentencing postponed: Attorney may seek to remove DA's office from case

Timothy Gray, told the court he may seek to have the DA's office recused from the case due to a campaign advertisement...

The 30-second advertisement -- paid for by Citizens for District Attorney Paul Gallegos 2010 -- uses the voices of Gallegos and DA's office employees, including Neel, to tell the story of Larsen's case.

”When convicted sex offender Chad Larsen drugged and raped a minor, we got the word he conspired in jail to murder the girl to prevent her from testifying,” the commercial states, eventually culminating with DA Chief Investigator Mike Hislop, stating that Larsen was caught “red-handed,” and Gallegos adding, “And, now he's going to prison for a long time. End of story.”
Gallegos was not immediately available for comment Wednesday.

After Wednesday's hearing, Gray said most cases are used in political campaigns only after they've been fully adjudicated and sentenced. The fact that this advertisement began running well before Larsen's sentencing warrants further looking into, Gray said.

”This is a small community and this is a pretty inflammatory case,” he said, adding that he may seek to have the California Attorney General's office step in to fill the role of prosecutor for Larsen's sentencing. “In order to make sure my client has been adequately represented, I need to pursue those things. I need to make sure I protect his rights.”...

(JUdge) Cissna said he would not even consider the recusal issue until the defense files a formal motion seeking to remove the DA's office from the case, which Gray said he is only considering at this point.

University of California Hastings School of Law professor David Levine said the Gallegos commercial doesn't appear to be immediate grounds for recusal, but said Gray might be able to mount a strong argument.

”(Running the commercial), at a minimum, raises a yellow flag for me, if not a red flag,” Levine said. It's not the best judgment to do that in a pending case.”