☛ TS Kesser case dropped
The case against Richard Craig Kesser was dropped in the Humboldt County Superior Court Tuesday, when attorneys showed a judge Kesser's death certificate.
Kesser, who admitted to killing his estranged wife in 1991, hung himself in his cell at the Humboldt County jail early this month.
Showing posts with label Kesser/Leahy. Show all posts
Showing posts with label Kesser/Leahy. Show all posts
Wednesday, December 17, 2008
Tuesday, December 02, 2008
Kesser attempts suicide Kesser has died
By all appearances, he was about to get out for time served, thanks to Gallegos' plea deal... perhaps justice is served after all.
☛ TS Kesser has died
Condolences to his family. Regardless of what he has done.
☛ TS Humboldt County jail inmate attempts suicide
☛ TS Kesser attempts suicide at Humboldt County jail
First report: An inmate at the Humboldt County jail, who attempted to hang himself early Monday morning, has been placed on life support at St. Joseph Hospital in Eureka. Authorities are withholding the identity of the inmate, but according to information from the Humboldt County Sheriff's Office, a 47-year-old inmate hanged himself inside his cell, where he had been housed alone. A correctional officer reportedly witnessed the man hanging in the cell, then cut him down and began resuscitation efforts, HCSO reported. Medical staff reportedly responded and administered CPR before transporting the inmate to the hospital. According to HCSO information, the inmate had been housed at the jail since Dec. 5, 2006, for ongoing court proceedings. His family has been notified. Additional information will be released as it becomes available.
UPDATE:
Richard Craig Kesser, a former Fortuna resident who spent more than 17 years behind bars for the murder of his estranged wife in 1991, hanged himself in his jail cell early Tuesday morning.
The 47-year-old inmate was transported to St. Joseph Hospital and placed on life support, where he remained in critical condition throughout the day Tuesday, hospital staff reported.
The Humboldt County Sheriff's Office reported that at around 12:15 a.m. Tuesday, a correctional officer found an inmate hanging in his cell. The officer quickly cut the inmate down and began resuscitation efforts shortly before medical staff responded and began CPR.
The Sheriff's Office has so far declined to disclose the identity of the inmate. However, Humboldt County District Attorney Paul Gallegos, who led prosecution against Kesser during the past three years, confirmed the inmate was Kesser.
During an interview in late November, Kesser said he had been taking medication for depression, but was hopeful about his future after accepting a plea agreement offered by the District Attorney's Office.
”I suffer from depression from time to time,” he said. “I have a whole bunch of hopes. I'm trying to go home now, after 17 years ... hopefully someday I can get back to being a productive member of society.”
During that interview, Kesser also spoke about his 1991 plot to murder his wife, which had been schemed with his then-girlfriend Jennifer Leahy, who has since been released from jail.
The couple -- who had been dating for about four months at the time -- hired Stephen Duane Chiara for the hit. According to court documents, the three mapped out plans for the murder over the course of several weeks.
On Nov. 26, 1991, Mary Kesser was stabbed to death in her N Street home.
Authorities long suspected the motive was Mary Kesser's $50,000 life insurance policy. In 1992, a panel of jurors agreed, finding Richard Kesser, Leahy and Chiara guilty of first-degree murder.
The three were sentenced to life in prison without the possibility of parole.
Then, after 14 years behind bars at Pelican Bay State Prison, Richard Kesser and Leahy's verdicts were narrowly overturned by a panel of judges in the U.S. 9th Circuit Court of Appeals, on the grounds that former Humboldt County Deputy District Attorney Worth Dikeman had stricken three American Indians from the jury pool because of their race.
That decision led to Richard Kesser's return to the Humboldt County jail on Dec. 5, 2006.
In 2008, a plea agreement was struck between Richard Kesser and the District Attorney's Office, which compelled Richard Kesser to issue a truthful, polygraphed statement about the events that led to his former wife's murder. That agreement stipulated that if he truthfully completed the polygraph test, he would receive a second degree murder sentence, reducing his possible sentence from 25-years to life to 15-years to life.
Richard Kesser failed his first test in August. But in September, those results were thrown out by a Humboldt County Superior Court judge, who ruled the examiner used inadmissible techniques in the test.
The second test was cut short after Richard Kesser told the examiner he had been taking medication for depression.
A judge allowed Richard Kesser to take a third test in late November, but those results have not yet been disclosed by his attorney Glenn Brown.
Brown was unavailable for comment Tuesday.
”I was hopeful the first time -- I wanted to (pass) the first time,” Richard Kesser said the week before his third test. “Anybody who's lived in this building (the jail) for two years doesn't want to be here that long.”
According to Gallegos, Richard Kesser left a suicide note inside his cell. However, the contents of that note have not been released.
☛ TS Man convicted of wife's murder dies after hanging himself
☛ TS Kesser has died
Richard Craig Kesser, an inmate who reportedly hanged himself in his cell at the Humboldt County jail early Tuesday morning, has died, the Humboldt County Sheriff's Office reported.Honestly, I don't think an autopsy should be necessary, do you? I guess it has to be to prove he wasn't murdered in his jail cell.
Kesser, 47, was in critical condition after the suicide attempt, and was placed on a life support system at St. Joseph Hospital. According to HCSO information, Kesser died shortly after 11 p.m.
He had been incarcerated since 1992, when he was found guilty of first-degree murder for soliciting the killing of his estranged wife in 1991.
An autopsy will be conducted by a forensic pathologist later this week, the Sheriff's Office reported.
Condolences to his family. Regardless of what he has done.
☛ TS Humboldt County jail inmate attempts suicide
☛ TS Kesser attempts suicide at Humboldt County jail
First report: An inmate at the Humboldt County jail, who attempted to hang himself early Monday morning, has been placed on life support at St. Joseph Hospital in Eureka. Authorities are withholding the identity of the inmate, but according to information from the Humboldt County Sheriff's Office, a 47-year-old inmate hanged himself inside his cell, where he had been housed alone. A correctional officer reportedly witnessed the man hanging in the cell, then cut him down and began resuscitation efforts, HCSO reported. Medical staff reportedly responded and administered CPR before transporting the inmate to the hospital. According to HCSO information, the inmate had been housed at the jail since Dec. 5, 2006, for ongoing court proceedings. His family has been notified. Additional information will be released as it becomes available.
UPDATE:
Richard Craig Kesser, a former Fortuna resident who spent more than 17 years behind bars for the murder of his estranged wife in 1991, hanged himself in his jail cell early Tuesday morning.
The 47-year-old inmate was transported to St. Joseph Hospital and placed on life support, where he remained in critical condition throughout the day Tuesday, hospital staff reported.
The Humboldt County Sheriff's Office reported that at around 12:15 a.m. Tuesday, a correctional officer found an inmate hanging in his cell. The officer quickly cut the inmate down and began resuscitation efforts shortly before medical staff responded and began CPR.
The Sheriff's Office has so far declined to disclose the identity of the inmate. However, Humboldt County District Attorney Paul Gallegos, who led prosecution against Kesser during the past three years, confirmed the inmate was Kesser.
During an interview in late November, Kesser said he had been taking medication for depression, but was hopeful about his future after accepting a plea agreement offered by the District Attorney's Office.
”I suffer from depression from time to time,” he said. “I have a whole bunch of hopes. I'm trying to go home now, after 17 years ... hopefully someday I can get back to being a productive member of society.”
During that interview, Kesser also spoke about his 1991 plot to murder his wife, which had been schemed with his then-girlfriend Jennifer Leahy, who has since been released from jail.
The couple -- who had been dating for about four months at the time -- hired Stephen Duane Chiara for the hit. According to court documents, the three mapped out plans for the murder over the course of several weeks.
On Nov. 26, 1991, Mary Kesser was stabbed to death in her N Street home.
Authorities long suspected the motive was Mary Kesser's $50,000 life insurance policy. In 1992, a panel of jurors agreed, finding Richard Kesser, Leahy and Chiara guilty of first-degree murder.
The three were sentenced to life in prison without the possibility of parole.
Then, after 14 years behind bars at Pelican Bay State Prison, Richard Kesser and Leahy's verdicts were narrowly overturned by a panel of judges in the U.S. 9th Circuit Court of Appeals, on the grounds that former Humboldt County Deputy District Attorney Worth Dikeman had stricken three American Indians from the jury pool because of their race.
That decision led to Richard Kesser's return to the Humboldt County jail on Dec. 5, 2006.
In 2008, a plea agreement was struck between Richard Kesser and the District Attorney's Office, which compelled Richard Kesser to issue a truthful, polygraphed statement about the events that led to his former wife's murder. That agreement stipulated that if he truthfully completed the polygraph test, he would receive a second degree murder sentence, reducing his possible sentence from 25-years to life to 15-years to life.
Richard Kesser failed his first test in August. But in September, those results were thrown out by a Humboldt County Superior Court judge, who ruled the examiner used inadmissible techniques in the test.
The second test was cut short after Richard Kesser told the examiner he had been taking medication for depression.
A judge allowed Richard Kesser to take a third test in late November, but those results have not yet been disclosed by his attorney Glenn Brown.
Brown was unavailable for comment Tuesday.
”I was hopeful the first time -- I wanted to (pass) the first time,” Richard Kesser said the week before his third test. “Anybody who's lived in this building (the jail) for two years doesn't want to be here that long.”
According to Gallegos, Richard Kesser left a suicide note inside his cell. However, the contents of that note have not been released.
☛ TS Man convicted of wife's murder dies after hanging himself
Wednesday, September 17, 2008
Links to KESSER coverage
☛ ER Court rules in Dikeman's 1992 dismissal of jurors9/12/06
☛ ER Rollin, Kesser appear in court to handle retrial issues 4/30/2007
☛ ER Judge continues Kesser, Leahy murder retrial to early July 5/07/2007
☛ ER Judge denies bail to murder suspect 5/14/2007
☛ ER Murder retrial begins Monday 7/07/2007
☛ TS Retrial dredges up past for longtime Fortuna residents 7/16/2007
☛ ER District attorney says plea deal a possibility in murder retrial 8/14/2007
☛ TS Homicide retrial now looking to start Thursday 8/15/2007
☛ ER Jury reacts to settlement in first-degree murder retrial 8/16/2007
☛ TS Kesser cuts deal in murder case 8/16/2007
...accused of hiring a hitman to kill his estranged wife in 1991 reached a plea agreement with the District Attorney's Office Wednesday that could require him to testify against his former girlfriend.
Richard Craig Kesser's retrial was scheduled to begin this week.
Under the agreement, Kesser is required to make a full statement and answer any questions regarding the death of his estranged wife, Mary Kesser. He will also have to take a polygraph test and testify “truthfully” in any trial related to her death.
If Kesser completes all of the conditions, he will be convicted of second-degree murder and sentenced to 15 years to life in prison. If he lies during questioning or commits perjury while testifying, Kesser will be convicted of first-degree murder and sentenced to 25 years to life.
The District Attorney's Office also agreed to drop the special circumstance count of murder for monetary gain, a move which makes Kesser eligible for parole. As part of the deal, Kesser waives his right to appeal his conviction....
If Kesser refuses to testify, make statements or take the polygraph, the plea agreement is off the table.
”That would be in violation of the agreement,” said Superior Court Judge Dale Reinholtsen....
☛ ER Murder retrial an example of why writer left Humboldt County 8/19/2007
☛ TS
Trial date postponed pending release of prison records
8/21/2007
☛ TS Leahy murder retrial set nearly 16 years after sentencing 9/04/2008
☛ TS Attorneys discard Kesser's polygraph results 9/17/2008
A failed polygraph test taken by Richard Kesser, a Fortuna man accused in 1991 of hiring a hit man to murder his estranged wife, was thrown out of evidence Tuesday after attorneys in his case agreed to administer a new test.
The agreement was another step in a prolonged plea deal, arranged in 2007, requiring Kesser to make a full polygraphed statement regarding the deal struck with his former girlfriend and a hit man to kill his former wife, Mary Kesser.
Under the plea agreement, if Kesser truthfully answered the questions posed in the polygraph test, and testified in any trial related to Mary Kesser's death, he was to be convicted of second-degree murder, rather than first-degree murder.
However, court documents show Kesser showed deception on a number of answers given during the test.
Attorneys had agreed if Kesser failed to answer the questions truthfully, he would be convicted of first-degree murder and sentenced to 25 years to life....
Prosecution and defense attorneys agreed Tuesday to find a new polygraph technician to readminister the test. Kesser is expected to return to court Sept. 25.
Richard Craig Kesser, Petitioner-Appellant, v. Steven J. Cambra, Jr., Warden, Respondent-Appellee., 392 F.3d 327 (9th Cir. 2004)
Federal Circuits, 9th Cir. (December 16, 2004)
Docket number: 02-15475
Permanent Link: http://vlex.com/vid/18465828
Id. vLex: VLEX-18465828
http://www.riodelltimes.com/Court/
Argued and Submitted December 13, 2005--Portland, Oregon Filed September 11, 2006
Filed October 14, 2005
☛ TS Humboldt County jail inmate attempts suicide breaking news 12/2/08
☛ TS Kesser attempts suicide at Humboldt County jail 12/3/08
☛ TS Kesser has died
THE SIDE STORY - Gallegos' conflict in this case:
☛ ER Rollin, Kesser appear in court to handle retrial issues 4/30/2007
☛ ER Judge continues Kesser, Leahy murder retrial to early July 5/07/2007
☛ ER Judge denies bail to murder suspect 5/14/2007
☛ ER Murder retrial begins Monday 7/07/2007
☛ TS Retrial dredges up past for longtime Fortuna residents 7/16/2007
☛ ER District attorney says plea deal a possibility in murder retrial 8/14/2007
☛ TS Homicide retrial now looking to start Thursday 8/15/2007
☛ ER Jury reacts to settlement in first-degree murder retrial 8/16/2007
☛ TS Kesser cuts deal in murder case 8/16/2007
...accused of hiring a hitman to kill his estranged wife in 1991 reached a plea agreement with the District Attorney's Office Wednesday that could require him to testify against his former girlfriend.
Richard Craig Kesser's retrial was scheduled to begin this week.
Under the agreement, Kesser is required to make a full statement and answer any questions regarding the death of his estranged wife, Mary Kesser. He will also have to take a polygraph test and testify “truthfully” in any trial related to her death.
If Kesser completes all of the conditions, he will be convicted of second-degree murder and sentenced to 15 years to life in prison. If he lies during questioning or commits perjury while testifying, Kesser will be convicted of first-degree murder and sentenced to 25 years to life.
The District Attorney's Office also agreed to drop the special circumstance count of murder for monetary gain, a move which makes Kesser eligible for parole. As part of the deal, Kesser waives his right to appeal his conviction....
If Kesser refuses to testify, make statements or take the polygraph, the plea agreement is off the table.
”That would be in violation of the agreement,” said Superior Court Judge Dale Reinholtsen....
☛ ER Murder retrial an example of why writer left Humboldt County 8/19/2007
☛ TS
Trial date postponed pending release of prison records
8/21/2007
☛ TS Leahy murder retrial set nearly 16 years after sentencing 9/04/2008
☛ TS Attorneys discard Kesser's polygraph results 9/17/2008
A failed polygraph test taken by Richard Kesser, a Fortuna man accused in 1991 of hiring a hit man to murder his estranged wife, was thrown out of evidence Tuesday after attorneys in his case agreed to administer a new test.
The agreement was another step in a prolonged plea deal, arranged in 2007, requiring Kesser to make a full polygraphed statement regarding the deal struck with his former girlfriend and a hit man to kill his former wife, Mary Kesser.
Under the plea agreement, if Kesser truthfully answered the questions posed in the polygraph test, and testified in any trial related to Mary Kesser's death, he was to be convicted of second-degree murder, rather than first-degree murder.
However, court documents show Kesser showed deception on a number of answers given during the test.
Attorneys had agreed if Kesser failed to answer the questions truthfully, he would be convicted of first-degree murder and sentenced to 25 years to life....
Prosecution and defense attorneys agreed Tuesday to find a new polygraph technician to readminister the test. Kesser is expected to return to court Sept. 25.
Richard Craig Kesser, Petitioner-Appellant, v. Steven J. Cambra, Jr., Warden, Respondent-Appellee., 392 F.3d 327 (9th Cir. 2004)
Federal Circuits, 9th Cir. (December 16, 2004)
Docket number: 02-15475
Permanent Link: http://vlex.com/vid/18465828
Id. vLex: VLEX-18465828
http://www.riodelltimes.com/Court/
Argued and Submitted December 13, 2005--Portland, Oregon Filed September 11, 2006
Filed October 14, 2005
☛ TS Humboldt County jail inmate attempts suicide breaking news 12/2/08
☛ TS Kesser attempts suicide at Humboldt County jail 12/3/08
☛ TS Kesser has died
Richard Craig Kesser, an inmate who reportedly hanged himself in his cell at the Humboldt County jail early Tuesday morning, has died, the Humboldt County Sheriff's Office reported.☛ TS Man convicted of wife's murder dies after hanging himself
Kesser, 47, was in critical condition after the suicide attempt, and was placed on a life support system at St. Joseph Hospital. According to HCSO information, Kesser died shortly after 11 p.m.
He had been incarcerated since 1992, when he was found guilty of first-degree murder for soliciting the killing of his estranged wife in 1991.
An autopsy will be conducted by a forensic pathologist later this week, the Sheriff's Office reported.
THE SIDE STORY - Gallegos' conflict in this case:
☛ ER Two protestors call Dikeman a "racist"; he disagrees 5/20/06
☛ ER Second news release countering racism allegations issued 5/22/06
☛ ER Mrs. Kesser speaks. Elections should focus on the good record of candidate 5/27/06
☛ ER Dikeman is a man of integrity and professionalism 6/4/06
☛ ER Court rules in Dikeman's 1992 dismissal of jurors9/12/06
Of special note: More than monetary contributions - Ellie Bowman was one of the two "protestors" - Worth Dikeman successfully prosecuted Ellie Bowman's son, Jeff Bowman, for murder. Bowman went to prison for 25 years to life for the murder of a Trinidad Rancheria Tribe Member named Julius Aubrey.
But Ellie Bowman was not only the mother of a murderer convicted by Worth Dikeman, she also had another son facing charges... on July 19th. less than six weeks after Gallegos was re-elected and one week after the court ruling in the Kesser case, the "DA’s Office gathered nine felonies and a handful of misdemeanors pending against Derek (Bowman), and dismissed or suspended sentence on all of them in a single day....
In all, the Bowmans, the tribe and an attorney employed by the casino contributed $11,100 to Gallegos’ campaign coffers, just under 10 percent of the total of all funds raised by the incumbent during the campaign, according to FPPC filings.
In addition to the $10,000 contribution in the name of the Rancheria, Leonard and his wife personally contributed $100, the FPPC documents show...."
Gallegos, of course, denies it all - as you will see in the stories linked below.
Related coverage:
☛ TS ER - Bear River members seek chairperson's recall
☛ ER ER - Gallegos sidesteps questions about possible conflict of interest in Bowman charges
☛ ER ER - Questions without answers hinder our newsgathering
☛ ER ER - Bowman story not accurate
☛ ER ER - Contribution made because Gallegos was the better of the two
☛ ER ER - Questions remain in DA's handling of Bowman charges
☛ ER ER - Bear River official discusses financial contributions from tribe
☛ ER ER - Tribe's contribution to DA's campaign was made by the Tribal Council, not Bowman
☛ ER ER - Gallegos is 'public servant,' not Legal Spiegel
☛ ER ER - It's telling that Gallegos witch hunt didn't start until firing of Dikeman
☛ ER ER - Writer appreciates editor's note that identifies writers
☛ ER ER - Residents deserve answers to questions asked of DA's Office
☛ ER ER - Bitter? You bet!
☛ TS TS - Donations not improper, says Bear River Band
☛ TS TS - DA's office: State OK'd handling of plea deal
Out of the frying pan, into the fire.
☛ TS Attorneys discard Kesser's polygraph results
Gallegos' deal: A failed polygraph test taken by Richard Kesser, a Fortuna man accused in 1991 of hiring a hit man to murder his estranged wife, was thrown out of evidence Tuesday after attorneys in his case agreed to administer a new test.
The agreement was another step in a prolonged plea deal, arranged in 2007, requiring Kesser to make a full polygraphed statement regarding the deal struck with his former girlfriend and a hit man to kill his former wife, Mary Kesser.
Under the plea agreement, if Kesser truthfully answered the questions posed in the polygraph test, and testified in any trial related to Mary Kesser's death, he was to be convicted of second-degree murder, rather than first-degree murder...
And now: ...Prosecutors in Kesser's case argued for the legitimacy of the question. A court document signed by District Attorney Paul Gallegos stated, “Kesser knew what the truth was and all he had to do was be truthful. Instead he lied. Defendant thought he could fool the examiner and he failed.”
Prosecution and defense attorneys agreed Tuesday to find a new polygraph technician to readminister the test. Kesser is expected to return to court Sept. 25...
Gallegos' deal: A failed polygraph test taken by Richard Kesser, a Fortuna man accused in 1991 of hiring a hit man to murder his estranged wife, was thrown out of evidence Tuesday after attorneys in his case agreed to administer a new test.
The agreement was another step in a prolonged plea deal, arranged in 2007, requiring Kesser to make a full polygraphed statement regarding the deal struck with his former girlfriend and a hit man to kill his former wife, Mary Kesser.
Under the plea agreement, if Kesser truthfully answered the questions posed in the polygraph test, and testified in any trial related to Mary Kesser's death, he was to be convicted of second-degree murder, rather than first-degree murder...
And now: ...Prosecutors in Kesser's case argued for the legitimacy of the question. A court document signed by District Attorney Paul Gallegos stated, “Kesser knew what the truth was and all he had to do was be truthful. Instead he lied. Defendant thought he could fool the examiner and he failed.”
Prosecution and defense attorneys agreed Tuesday to find a new polygraph technician to readminister the test. Kesser is expected to return to court Sept. 25...
Thursday, September 04, 2008
Dealt away
☛ TS Leahy murder retrial set nearly 16 years after sentencing
t has been nearly 16 years since Jennifer Gale Leahy was jailed for her alleged role in the murder of Mary Kesser. Now, she is scheduled to be retried by a jury in Humboldt County Superior Court on Oct. 14....
Leahy stands accused of first-degree murder. Unlike her 1992 trial, this time she will be tried on her own -- not as a codefendant.
In 1992, Leahy, along with her boyfriend, Richard Kesser, and alleged hit man Stephen Duane Chiara, was convicted of the premeditated murder of Richard Kesser's 30-year-old former wife for her $50,000 life insurance policy.
The three were sentenced to life in prison without the possibility of parole, until 2006 when their verdicts were narrowly overturned by a panel of judges in the U.S. 9th Circuit Court of Appeals.
Mary Kesser, a young mother, was killed in her N Street home in Fortuna on Nov. 26, 1991. She was stabbed multiple times.
In 1992, Leahy, along with her boyfriend, Richard Kesser, and alleged hit man Stephen Duane Chiara, was convicted of the premeditated murder of Richard Kesser's 30-year-old former wife for her $50,000 life insurance policy.
The three were sentenced to life in prison without the possibility of parole, until 2006 when their verdicts were narrowly overturned by a panel of judges in the U.S. 9th Circuit Court of Appeals....
...Richard Kesser agreed to answer questions posed by the district attorney regarding his former wife's death. Under the agreement, Richard Kesser was to pass the polygraph test and testify against Leahy to receive a reduced second degree murder sentence.
Court documents show Richard Kesser failed the polygraph test in August 2007.
”(Richard) Kesser knew what the truth was and all he had to do was be truthful,” a document signed by Gallegos reads. “Instead he lied. (The) Defendant thought he could fool the examiner and he failed.”
Gallegos, who will likely prosecute Leahy at her trial, said “it is reasonable to assume” Richard Kesser and Chiara would be on the list of witnesses.
Why not just offer HER a deal, too.
t has been nearly 16 years since Jennifer Gale Leahy was jailed for her alleged role in the murder of Mary Kesser. Now, she is scheduled to be retried by a jury in Humboldt County Superior Court on Oct. 14....
Leahy stands accused of first-degree murder. Unlike her 1992 trial, this time she will be tried on her own -- not as a codefendant.
In 1992, Leahy, along with her boyfriend, Richard Kesser, and alleged hit man Stephen Duane Chiara, was convicted of the premeditated murder of Richard Kesser's 30-year-old former wife for her $50,000 life insurance policy.
The three were sentenced to life in prison without the possibility of parole, until 2006 when their verdicts were narrowly overturned by a panel of judges in the U.S. 9th Circuit Court of Appeals.
Mary Kesser, a young mother, was killed in her N Street home in Fortuna on Nov. 26, 1991. She was stabbed multiple times.
In 1992, Leahy, along with her boyfriend, Richard Kesser, and alleged hit man Stephen Duane Chiara, was convicted of the premeditated murder of Richard Kesser's 30-year-old former wife for her $50,000 life insurance policy.
The three were sentenced to life in prison without the possibility of parole, until 2006 when their verdicts were narrowly overturned by a panel of judges in the U.S. 9th Circuit Court of Appeals....
...Richard Kesser agreed to answer questions posed by the district attorney regarding his former wife's death. Under the agreement, Richard Kesser was to pass the polygraph test and testify against Leahy to receive a reduced second degree murder sentence.
Court documents show Richard Kesser failed the polygraph test in August 2007.
”(Richard) Kesser knew what the truth was and all he had to do was be truthful,” a document signed by Gallegos reads. “Instead he lied. (The) Defendant thought he could fool the examiner and he failed.”
Gallegos, who will likely prosecute Leahy at her trial, said “it is reasonable to assume” Richard Kesser and Chiara would be on the list of witnesses.
Why not just offer HER a deal, too.
Monday, August 20, 2007
Interesting Letter to the Editor
He couldn't do it, Kathy. He couldn't risk losing a trial Dikeman had won. It was a real case, and he no longer really has anyone to prep the cases for him - remember the cases he tried and was winning were all prepped by people who are no longer with the office, people who knew what they were doing. He might have had to call Debi August to testify, if he followed the original witness list. He also, in my opinion, would have faced conflict of interest allegations, big time. Pleading Kesser out was a given from the get go. He'll probably try throwing the book at Leahy.
Dear Editor,
Humboldt County’s esteemed district attorney wants to deal with Kesser for hiring someone to kill his wife? Both Kesser and his girlfriend should be retried and hopefully found guilty one more time.
The entire retrial is a farce to begin with! Both of these individuals should rot in prison for the rest of their lives for arranging the murder!
Just because Gallegos resented Worth Dikeman is no reason to set these two free or make a deal with them.
Mary Kesser was brutally murdered in her home — the innocent victim of three twisted minds. Her son has been left without a mother. What is the judicial system coming to in Humboldt County? It seems to me that it’s all politics. Where is the justice in that?
This is just one more reminder of why I left Humboldt County.
Kathy Sutter
Reno, Nev.
Murder retrial an example of why writer left Humboldt County
Dear Editor,
Humboldt County’s esteemed district attorney wants to deal with Kesser for hiring someone to kill his wife? Both Kesser and his girlfriend should be retried and hopefully found guilty one more time.
The entire retrial is a farce to begin with! Both of these individuals should rot in prison for the rest of their lives for arranging the murder!
Just because Gallegos resented Worth Dikeman is no reason to set these two free or make a deal with them.
Mary Kesser was brutally murdered in her home — the innocent victim of three twisted minds. Her son has been left without a mother. What is the judicial system coming to in Humboldt County? It seems to me that it’s all politics. Where is the justice in that?
This is just one more reminder of why I left Humboldt County.
Kathy Sutter
Reno, Nev.
Murder retrial an example of why writer left Humboldt County
Leahy's Trial date postponed pending release of prison records
Trial date postponed pending release of prison records
The trial date for Jennifer Gayle Leahy, one-time wife and co-defendant of Richard Craig Kesser, won't be known until at least Sept. 6.
At the request of the attorneys, Superior Court Judge Dale Reinholtsen agreed to postpone the trial date setting. Leahy and Kesser, found guilty in 1992 of hiring a hitman to kill Kesser's former wife, Mary Kesser of Fortuna, recently were granted retrials. The U.S. 9th Circuit Court of Appeals found that the former deputy district attorney rejected potential jurors on the basis of their race.
Kesser subsequently reached a plea agreement with the District Attorney's Office last week that requires him to testify against Leahy.
Leahy's attorney, Neal Sanders, said Monday that the delay in setting a trial date was requested to await permission to get Kesser's prison records.
A judge is expected to rule Sept. 5 whether those prison records will be made available. Leahy will remain in custody in the Humboldt County Correctional facility.
The Times-Standard Article Launched: 08/20/2007 03:51:23 PM PDT
So, in the meantime, since Kesser (where is he being housed anyway?) has to confess his role as part of his plea deal - which reporter will get the interview? I hope it is one who does their homework - looks at the records, looks at the crime scene photos, and understands the magnitude of the crime.
The trial date for Jennifer Gayle Leahy, one-time wife and co-defendant of Richard Craig Kesser, won't be known until at least Sept. 6.
At the request of the attorneys, Superior Court Judge Dale Reinholtsen agreed to postpone the trial date setting. Leahy and Kesser, found guilty in 1992 of hiring a hitman to kill Kesser's former wife, Mary Kesser of Fortuna, recently were granted retrials. The U.S. 9th Circuit Court of Appeals found that the former deputy district attorney rejected potential jurors on the basis of their race.
Kesser subsequently reached a plea agreement with the District Attorney's Office last week that requires him to testify against Leahy.
Leahy's attorney, Neal Sanders, said Monday that the delay in setting a trial date was requested to await permission to get Kesser's prison records.
A judge is expected to rule Sept. 5 whether those prison records will be made available. Leahy will remain in custody in the Humboldt County Correctional facility.
The Times-Standard Article Launched: 08/20/2007 03:51:23 PM PDT
So, in the meantime, since Kesser (where is he being housed anyway?) has to confess his role as part of his plea deal - which reporter will get the interview? I hope it is one who does their homework - looks at the records, looks at the crime scene photos, and understands the magnitude of the crime.
Friday, August 17, 2007
Are polygraphs admissible anyway?
Polygraphs are rarely admissible in court. New Mexico is the only state in the United States that allows for open admissibility of polygraph exam results. Every other state requires some type of stipulation to be met prior to admitting polygraph exams into record. In most cases, both sides of a legal case have to agree prior to the trial that they will allow polygraphs to be admitted. On the federal level, the admissibility criteria are much more vague and admission typically depends on the approval of the judge.
Evidence Code Section 351.1:
(a) Notwithstanding any other provision of law, the results of a polygraph examination, the opinion of a polygraph examiner, or any reference to an offer to take, failure to take, or taking of a polygraph examination, shall not be admitted into evidence in any criminal proceeding, including pretrial and post conviction motions and hearings, or in any trial or hearing of a juvenile for a criminal offense, whether heard in juvenile or adult court, unless all parties stipulate to the admission of such results.
(b) Nothing in this section is intended to exclude from evidence statements made during a polygraph examination which are otherwise admissible.
So, assuming there is an express stipulation in the Plea Deal, is there going to be a lie detector hooked up to Kesser when he testifies against his former girlfriend, who was convicted along with him and the hit man? And then will the results of that lie detector be admissible to the judge? Will there have to be a trial or can the decision that he has failed to adhere to the deal just be made unilaterally? By whom? Paul? Or the judge? If a polygraph is rarely admissible in court, is it any more admissible as a condition for a plea deal?
I'm just asking.
Evidence Code Section 351.1:
(a) Notwithstanding any other provision of law, the results of a polygraph examination, the opinion of a polygraph examiner, or any reference to an offer to take, failure to take, or taking of a polygraph examination, shall not be admitted into evidence in any criminal proceeding, including pretrial and post conviction motions and hearings, or in any trial or hearing of a juvenile for a criminal offense, whether heard in juvenile or adult court, unless all parties stipulate to the admission of such results.
(b) Nothing in this section is intended to exclude from evidence statements made during a polygraph examination which are otherwise admissible.
So, assuming there is an express stipulation in the Plea Deal, is there going to be a lie detector hooked up to Kesser when he testifies against his former girlfriend, who was convicted along with him and the hit man? And then will the results of that lie detector be admissible to the judge? Will there have to be a trial or can the decision that he has failed to adhere to the deal just be made unilaterally? By whom? Paul? Or the judge? If a polygraph is rarely admissible in court, is it any more admissible as a condition for a plea deal?
I'm just asking.
Jury reacts to settlement in first-degree murder retrial
Jurors were led into Judge Dale Reinholtsen’s courtroom Thursday for what they believed would be the continuation of the first-degree murder retrial against Richard Craig Kesser, but they took their seats in the gallery instead of the jury box.
Reinholtsen, perched on the edge of the defense table, explained to them that the case against Kesser had been settled in their absence the day before.
“(Kesser) has not entered a plea but has waived his right to a jury trial and agreed to let the judge decide the case based on court transcripts,” Reinholtsen said.
But the judge later added, “There’s no question whether he did it. The question is the level of involvement.”
That question may finally be answered after Kesser agreed Wednesday to provide a statement to the district attorney that specifies his precise role in the murder of his estranged wife, who was stabbed to death in her Fortuna home two nights before Thanksgiving in 1991.
Kesser further agreed to a polygraph test, Reinholtsen said, and if the test showed no deception and Kesser testified against his former girlfriend and alleged co-conspirator Jennifer Leahy, he would receive a bench verdict of guilt for second-degree murder, with a penalty of 15 years to life.
If deception were found, however, a bench verdict of guilt would be handed down for first-degree murder instead, which carries a sentence of 25 years to life.
One way or the other, the special allegations of murder for profit and lying in wait have been dropped, and Kesser may some day be released from custody.
In fact, Reinholtsen said, because Kesser had already served 15 years, “he would be eligible for consideration of parole at this time,” if he is charged with the lesser offense.
But the judge went on to say that Kesser’s chances of receiving parole were “slight.”
As part of the settlement, Kesser pleaded guilty to a felony charge of making terrorist threats, which does not impact his sentence but counts as a second strike offense under California’s three-strikes legislation.
“If he ever got out on parole and committed another felony,” Reinholtsen said, “he’d be looking at another 25 years to life.”
While he expressed no opinion of the settlement, Reinholtsen said, “In a good settlement, neither side’s happy.”
Jurors expressed surprise and disappointment that court proceedings ended so abruptly.
“You know this is our one-month anniversary,” juror Greg Brown joked with the judge.
Other jurors asked about the history of the case and also questioned why the settlement wasn’t reached sooner.
Juror Karen August expressed concern that Kesser’s sentence would be based on the truthfulness of his statement rather than the level of his involvement in the brutal murder.
Reinholtsen said he believed the families’ desire to move on with their lives played a role in the resolution.
“All sides wanted closure,” he said, “and I think that’s why this happened.”
Kesser, Leahy and Stephen Duane Chiara were convicted in 1992 of first-degree murder with special circumstances of 30-year-old Fortuna resident Mary Kesser and were sentenced to life in prison without the possibility of parole.
The Kesser and Leahy verdicts were overturned in September when a panel of judges ruled narrowly that former Humboldt County Deputy District Attorney Worth Dikeman rejected three Native Americans from the jury pool at least in part on the basis of their race.
Dikeman called the reversal the biggest disappointment of his career. Read
Reinholtsen, perched on the edge of the defense table, explained to them that the case against Kesser had been settled in their absence the day before.
“(Kesser) has not entered a plea but has waived his right to a jury trial and agreed to let the judge decide the case based on court transcripts,” Reinholtsen said.
But the judge later added, “There’s no question whether he did it. The question is the level of involvement.”
That question may finally be answered after Kesser agreed Wednesday to provide a statement to the district attorney that specifies his precise role in the murder of his estranged wife, who was stabbed to death in her Fortuna home two nights before Thanksgiving in 1991.
Kesser further agreed to a polygraph test, Reinholtsen said, and if the test showed no deception and Kesser testified against his former girlfriend and alleged co-conspirator Jennifer Leahy, he would receive a bench verdict of guilt for second-degree murder, with a penalty of 15 years to life.
If deception were found, however, a bench verdict of guilt would be handed down for first-degree murder instead, which carries a sentence of 25 years to life.
One way or the other, the special allegations of murder for profit and lying in wait have been dropped, and Kesser may some day be released from custody.
In fact, Reinholtsen said, because Kesser had already served 15 years, “he would be eligible for consideration of parole at this time,” if he is charged with the lesser offense.
But the judge went on to say that Kesser’s chances of receiving parole were “slight.”
As part of the settlement, Kesser pleaded guilty to a felony charge of making terrorist threats, which does not impact his sentence but counts as a second strike offense under California’s three-strikes legislation.
“If he ever got out on parole and committed another felony,” Reinholtsen said, “he’d be looking at another 25 years to life.”
While he expressed no opinion of the settlement, Reinholtsen said, “In a good settlement, neither side’s happy.”
Jurors expressed surprise and disappointment that court proceedings ended so abruptly.
“You know this is our one-month anniversary,” juror Greg Brown joked with the judge.
Other jurors asked about the history of the case and also questioned why the settlement wasn’t reached sooner.
Juror Karen August expressed concern that Kesser’s sentence would be based on the truthfulness of his statement rather than the level of his involvement in the brutal murder.
Reinholtsen said he believed the families’ desire to move on with their lives played a role in the resolution.
“All sides wanted closure,” he said, “and I think that’s why this happened.”
Kesser, Leahy and Stephen Duane Chiara were convicted in 1992 of first-degree murder with special circumstances of 30-year-old Fortuna resident Mary Kesser and were sentenced to life in prison without the possibility of parole.
The Kesser and Leahy verdicts were overturned in September when a panel of judges ruled narrowly that former Humboldt County Deputy District Attorney Worth Dikeman rejected three Native Americans from the jury pool at least in part on the basis of their race.
Dikeman called the reversal the biggest disappointment of his career. Read
Thursday, August 16, 2007
What?!?!
There are some really odd statements in that story about the plea deal. Things just don't add up.
For example: "Under the agreement, Kesser is required to make a full statement and answer any questions regarding the death of his estranged wife, Mary Kesser. He will also have to take a polygraph test and testify “truthfully” in any trial related to her death.
If Kesser completes all of the conditions, he will be convicted of second-degree murder and sentenced to 15 years to life in prison. If he lies during questioning or commits perjury while testifying, Kesser will be convicted of first-degree murder and sentenced to 25 years to life.
...If Kesser refuses to testify, make statements or take the polygraph, the plea agreement is off the table.
”That would be in violation of the agreement,” said Superior Court Judge Dale Reinholtsen.
Really? A forced confession? And how are you supposed to KNOW if he is telling the truth in any trial related to her death? That seems absurd and improvable. Who comes up with "conditions" like that? Are you going to have a trial to prove THAT?Who's going to CONVICT him of first-degree murder and sentence him to 25 years to life IF he lies, IF you suspect he is lying, how are you going to prove it? Paul? Paul couldn't even take him to trial with real evidence of a real crime.
The District Attorney's Office also agreed to drop the special circumstance count of murder for monetary gain, a move which makes Kesser eligible for parole. As part of the deal, Kesser waives his right to appeal his conviction.
Three people were convicted of this crime BECAUSE it was a MURDER for MONETARY GAIN case. If it wasn't, it would seem at least that Leahy would then be not guilty.
Kesser may be called to testify in the trial of his one time codefendant and girlfriend, Jennifer Gayle Leahy.
Why wasn't SHE given this deal? To roll over on Kesser. Makes more sense, unless she was the mastermind, and came up with the money...
Fortuna Police Chief Kris Kitna, who worked on the Kesser case in 1991, said he trusted the district attorney's judgment.
Ya gotta be kiddin' me.
If the plea agreement is accepted, which won't officially happen until Leahy's trial is completed, and Kesser complies with the orders of the agreement, he will also be convicted of a felony criminal threats charge, which is a strikeable offense.
”If he's ever paroled, he'll have two strikes against him,” Gallegos said.
AND THEN YOU HAVE THIS: If Kesser is convicted of the second-degree murder charge, he may be immediately eligible for a parole hearing because he's been in prison for 16 years. Gallegos said it is unlikely that Kesser will be paroled.
There's an IF in there? Again, who's gonna determine IF he "completes all of the conditions"? Paul? When? And how?
You're gonna let him go if he tells you how he did it? This is worse than OJ's "If I did it."
For example: "Under the agreement, Kesser is required to make a full statement and answer any questions regarding the death of his estranged wife, Mary Kesser. He will also have to take a polygraph test and testify “truthfully” in any trial related to her death.
If Kesser completes all of the conditions, he will be convicted of second-degree murder and sentenced to 15 years to life in prison. If he lies during questioning or commits perjury while testifying, Kesser will be convicted of first-degree murder and sentenced to 25 years to life.
...If Kesser refuses to testify, make statements or take the polygraph, the plea agreement is off the table.
”That would be in violation of the agreement,” said Superior Court Judge Dale Reinholtsen.
Really? A forced confession? And how are you supposed to KNOW if he is telling the truth in any trial related to her death? That seems absurd and improvable. Who comes up with "conditions" like that? Are you going to have a trial to prove THAT?Who's going to CONVICT him of first-degree murder and sentence him to 25 years to life IF he lies, IF you suspect he is lying, how are you going to prove it? Paul? Paul couldn't even take him to trial with real evidence of a real crime.
The District Attorney's Office also agreed to drop the special circumstance count of murder for monetary gain, a move which makes Kesser eligible for parole. As part of the deal, Kesser waives his right to appeal his conviction.
Three people were convicted of this crime BECAUSE it was a MURDER for MONETARY GAIN case. If it wasn't, it would seem at least that Leahy would then be not guilty.
Kesser may be called to testify in the trial of his one time codefendant and girlfriend, Jennifer Gayle Leahy.
Why wasn't SHE given this deal? To roll over on Kesser. Makes more sense, unless she was the mastermind, and came up with the money...
Fortuna Police Chief Kris Kitna, who worked on the Kesser case in 1991, said he trusted the district attorney's judgment.
Ya gotta be kiddin' me.
If the plea agreement is accepted, which won't officially happen until Leahy's trial is completed, and Kesser complies with the orders of the agreement, he will also be convicted of a felony criminal threats charge, which is a strikeable offense.
”If he's ever paroled, he'll have two strikes against him,” Gallegos said.
AND THEN YOU HAVE THIS: If Kesser is convicted of the second-degree murder charge, he may be immediately eligible for a parole hearing because he's been in prison for 16 years. Gallegos said it is unlikely that Kesser will be paroled.
There's an IF in there? Again, who's gonna determine IF he "completes all of the conditions"? Paul? When? And how?
You're gonna let him go if he tells you how he did it? This is worse than OJ's "If I did it."
ANOTHER Plea Bargain - Paul Gallegos cuts Kesser a deal in murder case
Kesser is actually a man who was CONVICTED of killing, not just a man who is ACCUSED. Now he will testify against the person who had the least role in the murder. Shouldn't that have been the other way around? When is he eligible for parole, Chris? How many times was she stabbed, Chris? Has anyone pulled up the old articles - you know the pre-online coverage? You post Chris Burgess' baby pictures. Let's see some crime scene photos so people get a real idea of what has just been done here. I guess this is what Gallegos means by "justice for all."
***
Kesser cuts deal in murder case
A Fortuna man accused of hiring a hitman to kill his estranged wife in 1991 reached a plea agreement with the District Attorney's Office Wednesday that could require him to testify against his former girlfriend.
Richard Craig Kesser's retrial was scheduled to begin this week.
Under the agreement, Kesser is required to make a full statement and answer any questions regarding the death of his estranged wife, Mary Kesser. He will also have to take a polygraph test and testify “truthfully” in any trial related to her death.
If Kesser completes all of the conditions, he will be convicted of second-degree murder and sentenced to 15 years to life in prison. If he lies during questioning or commits perjury while testifying, Kesser will be convicted of first-degree murder and sentenced to 25 years to life.
The District Attorney's Office also agreed to drop the special circumstance count of murder for monetary gain, a move which makes Kesser eligible for parole. As part of the deal, Kesser waives his right to appeal his conviction.
Kesser may be called to testify in the trial of his one time codefendant and girlfriend, Jennifer Gayle Leahy.
Leahy and Kesser were granted retrials by the U.S. 9th Circuit Court of Appeals based on the actions of a former deputy district attorney. The appeals court found the former deputy district attorney rejected potential jurors “on the basis of their race, in violation of the Equal Protection Clause of the 14th Amendment.”
Kesser and Leahy allegedly hired Duane Chiara to kill Mary Kesser, reportedly for her life insurance money.
The young mother was killed in her N Street home in Fortuna on Nov. 26, 1991. She was stabbed multiple times with what is believed to be a machete-type weapon. Leahy is due in court Monday for a hearing.
Chiara has also been brought back to Humboldt County as a possible witness in the case.
”The parties have the power to call him,” said District Attorney Paul Gallegos, the prosecutor in Kesser's retrial.
If Kesser refuses to testify, make statements or take the polygraph, the plea agreement is off the table.
”That would be in violation of the agreement,” said Superior Court Judge Dale Reinholtsen.
Kesser, with slicked back hair and a short beard, quietly answered yes to all of Reinholtsen's questions.
After Wednesday's proceeding, Kesser shook hands with his attorney Glenn Brown and was escorted back to the jail.
Fortuna Police Chief Kris Kitna, who worked on the Kesser case in 1991, said he trusted the district attorney's judgment.
”As far as the Fortuna Police Department is concerned, we are essentially satisfied with this agreement,” he said.
If the plea agreement is accepted, which won't officially happen until Leahy's trial is completed, and Kesser complies with the orders of the agreement, he will also be convicted of a felony criminal threats charge, which is a strikeable offense.
”If he's ever paroled, he'll have two strikes against him,” Gallegos said.
If Kesser is convicted of the second-degree murder charge, he may be immediately eligible for a parole hearing because he's been in prison for 16 years. Gallegos said it is unlikely that Kesser will be paroled.
Gallegos also said Mary Kesser's family was made aware of the plea agreement and was part of the decision process.
”They have to know; it's their right,” Gallegos said. “And it's common decency.”
A deal for Leahy will not be discussed now, Gallegos said.
”We have to see what Mr. Kesser has to say,” he said.
Brown declined to comment on the plea agreement, citing Leahy's pending case.
***
Kesser cuts deal in murder case
A Fortuna man accused of hiring a hitman to kill his estranged wife in 1991 reached a plea agreement with the District Attorney's Office Wednesday that could require him to testify against his former girlfriend.
Richard Craig Kesser's retrial was scheduled to begin this week.
Under the agreement, Kesser is required to make a full statement and answer any questions regarding the death of his estranged wife, Mary Kesser. He will also have to take a polygraph test and testify “truthfully” in any trial related to her death.
If Kesser completes all of the conditions, he will be convicted of second-degree murder and sentenced to 15 years to life in prison. If he lies during questioning or commits perjury while testifying, Kesser will be convicted of first-degree murder and sentenced to 25 years to life.
The District Attorney's Office also agreed to drop the special circumstance count of murder for monetary gain, a move which makes Kesser eligible for parole. As part of the deal, Kesser waives his right to appeal his conviction.
Kesser may be called to testify in the trial of his one time codefendant and girlfriend, Jennifer Gayle Leahy.
Leahy and Kesser were granted retrials by the U.S. 9th Circuit Court of Appeals based on the actions of a former deputy district attorney. The appeals court found the former deputy district attorney rejected potential jurors “on the basis of their race, in violation of the Equal Protection Clause of the 14th Amendment.”
Kesser and Leahy allegedly hired Duane Chiara to kill Mary Kesser, reportedly for her life insurance money.
The young mother was killed in her N Street home in Fortuna on Nov. 26, 1991. She was stabbed multiple times with what is believed to be a machete-type weapon. Leahy is due in court Monday for a hearing.
Chiara has also been brought back to Humboldt County as a possible witness in the case.
”The parties have the power to call him,” said District Attorney Paul Gallegos, the prosecutor in Kesser's retrial.
If Kesser refuses to testify, make statements or take the polygraph, the plea agreement is off the table.
”That would be in violation of the agreement,” said Superior Court Judge Dale Reinholtsen.
Kesser, with slicked back hair and a short beard, quietly answered yes to all of Reinholtsen's questions.
After Wednesday's proceeding, Kesser shook hands with his attorney Glenn Brown and was escorted back to the jail.
Fortuna Police Chief Kris Kitna, who worked on the Kesser case in 1991, said he trusted the district attorney's judgment.
”As far as the Fortuna Police Department is concerned, we are essentially satisfied with this agreement,” he said.
If the plea agreement is accepted, which won't officially happen until Leahy's trial is completed, and Kesser complies with the orders of the agreement, he will also be convicted of a felony criminal threats charge, which is a strikeable offense.
”If he's ever paroled, he'll have two strikes against him,” Gallegos said.
If Kesser is convicted of the second-degree murder charge, he may be immediately eligible for a parole hearing because he's been in prison for 16 years. Gallegos said it is unlikely that Kesser will be paroled.
Gallegos also said Mary Kesser's family was made aware of the plea agreement and was part of the decision process.
”They have to know; it's their right,” Gallegos said. “And it's common decency.”
A deal for Leahy will not be discussed now, Gallegos said.
”We have to see what Mr. Kesser has to say,” he said.
Brown declined to comment on the plea agreement, citing Leahy's pending case.
Tuesday, August 14, 2007
Is Paul Gallegos planning to PLEA BARGAIN the Kesser case?
.
"Behind a locked courtroom door?" What's up with that?
DA says plea deal a possibility in murder retrial
The retrial of two of three people convicted 15 years ago in the brutal slaying of Fortuna resident Mary Kesser may be over before it begins.
Following days of speculation within the law enforcement community, Humboldt County District Attorney Paul Gallegos confirmed late Tuesday that a plea deal is possible in the first-degree murder case of Richard Craig Kesser and Jennifer Gayle Leahy.
In response to an e-mail question about a possible negotiated settlement, Gallegos stated, “Are there proposals out there? Yes. Have we reached an agreement? No. Is it possible that we will? Yes.”
Richard Kesser and Leahy were convicted in 1992 of hiring Stephen Duane Chiara to kill Mary Kesser, Richard’s estranged wife, a charge that included special allegations of murder for financial gain and lying in wait.
Mary Kesser, 30 years old and the mother of a then-4-year-old boy, was found two nights before Thanksgiving 1991 in her N Street home stabbed 34 times in her head, chest, back, abdomen and hands, according to court documents.
Chiara was quickly arrested, and within days police followed a trail of clues back to Richard Kesser and Leahy in what investigators called a murder-for-hire plot.
Attorneys for the two argued that Chiara was hired to blow up Mary Kesser’s car, not to kill her.
All three were convicted in 1992 and sentenced to life in prison without the possibility of parole — but the case, originally tried by former Deputy DA Worth Dikeman, was overturned on appeal in September, after a higher court found that he had made “blatant race-based strikes” of three American Indians from the approximately 140-member jury pool.
Within days of the appellate ruling, Dikeman, who twice campaigned against Gallegos for DA, was fired from his position. He subsequently called the reversal the “biggest disappointment” of his career.
Jury selection for the retrial began in July, and pretrial motions continued Tuesday behind a locked courtroom door.
Gallegos stated later, “There are, like in all cases, constant discussions involving possible dispositions. … (W)e always strive to be reasonable, open-minded and receptive to appropriate pretrial dispositions. That means we always strive to listen to proposals and fairly consider them.”
Kesser’s family, who met with the DA Tuesday, declined to comment.
***
Why would you plea bargain a proven winnable case? And what's with the locked courtroom door? Is that common?
God, this is a great time to be a criminal in Humboldt County. Murderer, Rapist, Child Molester, Drunk Driver, Drug Dealer, whatever...
***
In the TS - Homicide retrial now looking to start Thursday
The retrial of a man suspected of hiring a hitman to kill his estranged wife in 1991 has been postponed a few more days.
Humboldt County District Attorney Paul Gallegos said Tuesday that the homicide retrial of Richard Craig Kesser now looks like it will start Thursday.
Last week, Gallegos said he believed the trial would start Monday.
Kesser and his girlfriend, Jennifer Gayle Leahy, allegedly hired Duane Chiara to kill Mary Kesser, reportedly for her life insurance money.
The young mother was killed in her N Street home in Fortuna.
She was stabbed multiple times with what was believed to be a machete-type of blade.
Chiara was arrested a day later when he was found hiding in a closet. A sawed-off shotgun was found nearby. The other two defendants were arrested after a month.
Retrials were granted to Kesser and Leahy by the U.S. 9th Circuit Court of Appeals based on the actions of a former deputy district attorney. The court found he rejected potential jurors “on the basis of their race, in violation of the Equal Protection Clause of the 14th Amendment.”
It is unclear if Leahy and Kesser will be tried together.
***
9th Circuit Opinion - KESSER v CAMBRA No. 02-15475, D.C. No. CV-96-03452-PJH, OPINION *Decided and filed together with the companion case of Leahy v. Farmon, No. 01-17467, (pdf file) No. 01-17467, (9th Cir. 2006) (unpublished disposition).
"Behind a locked courtroom door?" What's up with that?
DA says plea deal a possibility in murder retrial
The retrial of two of three people convicted 15 years ago in the brutal slaying of Fortuna resident Mary Kesser may be over before it begins.
Following days of speculation within the law enforcement community, Humboldt County District Attorney Paul Gallegos confirmed late Tuesday that a plea deal is possible in the first-degree murder case of Richard Craig Kesser and Jennifer Gayle Leahy.
In response to an e-mail question about a possible negotiated settlement, Gallegos stated, “Are there proposals out there? Yes. Have we reached an agreement? No. Is it possible that we will? Yes.”
Richard Kesser and Leahy were convicted in 1992 of hiring Stephen Duane Chiara to kill Mary Kesser, Richard’s estranged wife, a charge that included special allegations of murder for financial gain and lying in wait.
Mary Kesser, 30 years old and the mother of a then-4-year-old boy, was found two nights before Thanksgiving 1991 in her N Street home stabbed 34 times in her head, chest, back, abdomen and hands, according to court documents.
Chiara was quickly arrested, and within days police followed a trail of clues back to Richard Kesser and Leahy in what investigators called a murder-for-hire plot.
Attorneys for the two argued that Chiara was hired to blow up Mary Kesser’s car, not to kill her.
All three were convicted in 1992 and sentenced to life in prison without the possibility of parole — but the case, originally tried by former Deputy DA Worth Dikeman, was overturned on appeal in September, after a higher court found that he had made “blatant race-based strikes” of three American Indians from the approximately 140-member jury pool.
Within days of the appellate ruling, Dikeman, who twice campaigned against Gallegos for DA, was fired from his position. He subsequently called the reversal the “biggest disappointment” of his career.
Jury selection for the retrial began in July, and pretrial motions continued Tuesday behind a locked courtroom door.
Gallegos stated later, “There are, like in all cases, constant discussions involving possible dispositions. … (W)e always strive to be reasonable, open-minded and receptive to appropriate pretrial dispositions. That means we always strive to listen to proposals and fairly consider them.”
Kesser’s family, who met with the DA Tuesday, declined to comment.
***
Why would you plea bargain a proven winnable case? And what's with the locked courtroom door? Is that common?
God, this is a great time to be a criminal in Humboldt County. Murderer, Rapist, Child Molester, Drunk Driver, Drug Dealer, whatever...
***
In the TS - Homicide retrial now looking to start Thursday
The retrial of a man suspected of hiring a hitman to kill his estranged wife in 1991 has been postponed a few more days.
Humboldt County District Attorney Paul Gallegos said Tuesday that the homicide retrial of Richard Craig Kesser now looks like it will start Thursday.
Last week, Gallegos said he believed the trial would start Monday.
Kesser and his girlfriend, Jennifer Gayle Leahy, allegedly hired Duane Chiara to kill Mary Kesser, reportedly for her life insurance money.
The young mother was killed in her N Street home in Fortuna.
She was stabbed multiple times with what was believed to be a machete-type of blade.
Chiara was arrested a day later when he was found hiding in a closet. A sawed-off shotgun was found nearby. The other two defendants were arrested after a month.
Retrials were granted to Kesser and Leahy by the U.S. 9th Circuit Court of Appeals based on the actions of a former deputy district attorney. The court found he rejected potential jurors “on the basis of their race, in violation of the Equal Protection Clause of the 14th Amendment.”
It is unclear if Leahy and Kesser will be tried together.
***
9th Circuit Opinion - KESSER v CAMBRA No. 02-15475, D.C. No. CV-96-03452-PJH, OPINION *Decided and filed together with the companion case of Leahy v. Farmon, No. 01-17467, (pdf file) No. 01-17467, (9th Cir. 2006) (unpublished disposition).
Monday, July 16, 2007
Retrial dredges up past for longtime Fortuna residents
After a fifth motion to grant Kesser a new trial:
FORTUNA -- An old dusty box in Police Chief Kris Kitna's office is a reminder of the past.
A reminder of a crime that shook the Friendly City over a decade ago and is about to be rehashed in a lengthy retrial.
”This is something we thought was over,” Kitna said in a recent interview.
Jury selection is under way in the homicide retrial of Richard Craig Kesser and Jennifer Gayle Leahy, who allegedly hired Stephen Duane Chiara to kill Kesser's estranged wife in 1991.
Mary Kesser's body was found Nov. 26, 1991, in her N Street home with more than 30 stab wounds.
Chiara was arrested the next day when he was found hiding in Kesser's closet. Kesser and Leahy were arrested Dec. 10, 1991.
”It really affected a lot of people,” Kitna said. “Stuff like that doesn't happen here.”
Since the Kesser killing, there have been two other homicides in Fortuna, Kitna said. One was deemed self-defense, and the other was a murder/suicide pact between an elderly couple.
Kitna worked the case as a sergeant, along with Officer Cliff Chapman. They are the only officers currently on the force who were there when the killing occurred.
Kitna said that Mary Kesser was well known in Fortuna and that the brutality of the crime against the young mother rocked the community.
”This was a good person who got killed,” Kitna said. “This wasn't a drug deal gone bad or something like that.”
Rhonda Rael, who provided “gavel to gavel” coverage of the 1992 trial for the Times-Standard, said in a recent interview that it was who Mary Kesser was that sent shock waves through Fortuna and the county.
”It was particularly sad because she was an innocent victim and a young mother,” Rael said. “I remember Terry Farmer (the district attorney at the time) told me she fought. She fought back.”
After the killing, police offered counseling for officers and residents, Kitna said.
Police were alerted to the case when a relative called and said Mary Kesser didn't pick up her then 4-year-old son from the baby sitter.
Police found the body and the investigation began.
Mary Kesser's son still lives in the area, Kitna said, and is going to college.
Richard Kesser and Leahy were linked to the crime through phone calls made to Chiara's mother and friends in Sonoma County.
The alleged motive for the killing was Mary Kesser's $50,000 insurance policy.
All three of the accused were convicted in December 1992 by a seven-man, four-woman jury. They were sentenced in 1993.
In September 2006, the U.S. 9th Circuit Court of Appeals granted Richard Kesser and Leahy a retrial after finding that former Deputy District Attorney Worth Dikeman rejected potential jurors “on the basis of their race, in violation of the Equal Protection Clause of the 14th Amendment.”
Dikeman has denied the finding.
The Humboldt County District Attorney's Office estimates jury selection, which began last week, will take another three weeks. The trial is estimated to last three months.
Retrial drudges up past for longtime Fortuna residents
Chris Durant, The Times-Standard 07/16/2007
It was Thanksgiving week.
FORTUNA -- An old dusty box in Police Chief Kris Kitna's office is a reminder of the past.
A reminder of a crime that shook the Friendly City over a decade ago and is about to be rehashed in a lengthy retrial.
”This is something we thought was over,” Kitna said in a recent interview.
Jury selection is under way in the homicide retrial of Richard Craig Kesser and Jennifer Gayle Leahy, who allegedly hired Stephen Duane Chiara to kill Kesser's estranged wife in 1991.
Mary Kesser's body was found Nov. 26, 1991, in her N Street home with more than 30 stab wounds.
Chiara was arrested the next day when he was found hiding in Kesser's closet. Kesser and Leahy were arrested Dec. 10, 1991.
”It really affected a lot of people,” Kitna said. “Stuff like that doesn't happen here.”
Since the Kesser killing, there have been two other homicides in Fortuna, Kitna said. One was deemed self-defense, and the other was a murder/suicide pact between an elderly couple.
Kitna worked the case as a sergeant, along with Officer Cliff Chapman. They are the only officers currently on the force who were there when the killing occurred.
Kitna said that Mary Kesser was well known in Fortuna and that the brutality of the crime against the young mother rocked the community.
”This was a good person who got killed,” Kitna said. “This wasn't a drug deal gone bad or something like that.”
Rhonda Rael, who provided “gavel to gavel” coverage of the 1992 trial for the Times-Standard, said in a recent interview that it was who Mary Kesser was that sent shock waves through Fortuna and the county.
”It was particularly sad because she was an innocent victim and a young mother,” Rael said. “I remember Terry Farmer (the district attorney at the time) told me she fought. She fought back.”
After the killing, police offered counseling for officers and residents, Kitna said.
Police were alerted to the case when a relative called and said Mary Kesser didn't pick up her then 4-year-old son from the baby sitter.
Police found the body and the investigation began.
Mary Kesser's son still lives in the area, Kitna said, and is going to college.
Richard Kesser and Leahy were linked to the crime through phone calls made to Chiara's mother and friends in Sonoma County.
The alleged motive for the killing was Mary Kesser's $50,000 insurance policy.
All three of the accused were convicted in December 1992 by a seven-man, four-woman jury. They were sentenced in 1993.
In September 2006, the U.S. 9th Circuit Court of Appeals granted Richard Kesser and Leahy a retrial after finding that former Deputy District Attorney Worth Dikeman rejected potential jurors “on the basis of their race, in violation of the Equal Protection Clause of the 14th Amendment.”
Dikeman has denied the finding.
The Humboldt County District Attorney's Office estimates jury selection, which began last week, will take another three weeks. The trial is estimated to last three months.
Retrial drudges up past for longtime Fortuna residents
Chris Durant, The Times-Standard 07/16/2007
It was Thanksgiving week.
Friday, July 13, 2007
Ahhh, there is news after all!
News on both the Kesser case AND the Moore case.
Today, Friday, is day 456 - A year plus 91 days later, and still no decision from Paul Gallegos.
Gallegos: Retrial will 'likely' delay Moore decision
Chris Durant/The Times-Standard 07/13/2007
Humboldt County District Attorney Paul Gallegos said Thursday that it's “highly likely” the retrial he's currently picking a jury for will further delay a decision on whether to file criminal charges against the Eureka Police officers who shot and killed a woman during a standoff in 2006.
Last month, Gallegos told the Times-Standard he wouldn't be pressured into a decision regarding the April 14, 2006, shooting but that he wanted to come to a conclusion before the end of the retrial -- now projected to last into October.
Cheri Lyn Moore, 48, had a known history of mental illness when police stormed her Eureka apartment during a two-hour standoff in which she was seen brandishing a flare gun. It was the first in a series of police involved shootings.
Gallegos has blamed a “bottleneck” in his office for the lack of a decision in the Moore case.
”Again, it's very frustrating,” said Eureka Police Chief Garr Nielsen, who was hired after the shooting. “It's an open wound on the department and the community.”
Nielsen said he couldn't understand the delay and that there has been sufficient time to make a decision.
”It's certainly as important as anything else on his desk,” Nielsen said.
The attorney representing Moore's family, W. Gordon Kaupp, said in an e-mail that a delay in the criminal decision will delay action on the civil suit filed in late May against the city, the Eureka Police Department and individual officers.
”Although the depositions in the federal civil rights action will likely not take place sooner than three months, if he continues to keep the decision regarding the criminal case in limbo it will cause great disruption to the civil case,” Kaupp said.
“There is no reason for not being able to come to a decision about this in one year. I can think of no other murder that took a district attorney's office so long to make a decision about filing charges, convening a grand jury, or announcing that no charges will be brought,” he said.
Jury selection began this week in the retrial of the 1991 homicide case Gallegos is prosecuting. The trial is estimated to last three months.
OK, so that's the excuse for this week. But today, Friday, is day 456 - A year plus 91 days later.
***
Update: Kesser case
Retrial drudges up past for longtime Fortuna residents
Today, Friday, is day 456 - A year plus 91 days later, and still no decision from Paul Gallegos.
Gallegos: Retrial will 'likely' delay Moore decision
Chris Durant/The Times-Standard 07/13/2007
Humboldt County District Attorney Paul Gallegos said Thursday that it's “highly likely” the retrial he's currently picking a jury for will further delay a decision on whether to file criminal charges against the Eureka Police officers who shot and killed a woman during a standoff in 2006.
Last month, Gallegos told the Times-Standard he wouldn't be pressured into a decision regarding the April 14, 2006, shooting but that he wanted to come to a conclusion before the end of the retrial -- now projected to last into October.
Cheri Lyn Moore, 48, had a known history of mental illness when police stormed her Eureka apartment during a two-hour standoff in which she was seen brandishing a flare gun. It was the first in a series of police involved shootings.
Gallegos has blamed a “bottleneck” in his office for the lack of a decision in the Moore case.
”Again, it's very frustrating,” said Eureka Police Chief Garr Nielsen, who was hired after the shooting. “It's an open wound on the department and the community.”
Nielsen said he couldn't understand the delay and that there has been sufficient time to make a decision.
”It's certainly as important as anything else on his desk,” Nielsen said.
The attorney representing Moore's family, W. Gordon Kaupp, said in an e-mail that a delay in the criminal decision will delay action on the civil suit filed in late May against the city, the Eureka Police Department and individual officers.
”Although the depositions in the federal civil rights action will likely not take place sooner than three months, if he continues to keep the decision regarding the criminal case in limbo it will cause great disruption to the civil case,” Kaupp said.
“There is no reason for not being able to come to a decision about this in one year. I can think of no other murder that took a district attorney's office so long to make a decision about filing charges, convening a grand jury, or announcing that no charges will be brought,” he said.
Jury selection began this week in the retrial of the 1991 homicide case Gallegos is prosecuting. The trial is estimated to last three months.
OK, so that's the excuse for this week. But today, Friday, is day 456 - A year plus 91 days later.
***
Update: Kesser case
Retrial drudges up past for longtime Fortuna residents
Thursday, July 12, 2007
For example...
If Gallegos himself decides to prosecute the Kesser case - will he be able to call all of the witnesses who testified at the previous trial?
Debi August was one of the witnesses.
Debi August was one of the witnesses.
Tuesday, July 10, 2007
Conflicts of interest
Murder retrial begins Monday
Gallegos should not be involved in the Kesser case. He should give it to Max Cardoza, or another qualified Deputy DA in the office, for a variety of reasons, not the least of which is the politicization of this case during the election.
Case in point:
Elections should focus on the good record of candidate
5/27/2006
Dear Editor,
I realize that in writing this letter it is not helping my cause in trying to keep my family’s name and the circumstance regarding my son’s 14-year-old trial out of public scrutiny. That is not possible now, as Ellie Bowman and Madison Ayala have taken it upon themselves to pass out fliers in front of the Courthouse regarding this case.
They have not taken into consideration, nor have they contacted me as to how this would affect my feelings or the feelings of my grandson, whom I have been raising since this tragedy.
They state that this is not politically motivated. Why then, after this length of time, have they taken it upon themselves to bring anything about this case up now? Yes, Mr. Worth Dikeman was the prosecuting attorney in the case and yes, he obtained a conviction and yes, it is something I have to live with every day, but he was doing the job he was appointed to do and I will never fault him for that, not as it seems Ellie Bowman is doing because of the conviction of her son.
During the trial and for all the years that have gone by, Mr. Dikeman has shown me and my family the greatest respect and compassion. He has shown interest in how my grandson was doing in school, how I was doing and always had a great concern for our family. I doubt if there are many attorneys on either side who do that. I deeply resent the fact that to win an election people have to use tactics that can hurt other people instead of running on their supposedly good record.
Joanne Kesser
Fortuna
***
There are other serious conflicts as well.
***
Update:
Retrial drudges up past for longtime Fortuna residents
Gallegos should not be involved in the Kesser case. He should give it to Max Cardoza, or another qualified Deputy DA in the office, for a variety of reasons, not the least of which is the politicization of this case during the election.
Case in point:
Elections should focus on the good record of candidate
5/27/2006
Dear Editor,
I realize that in writing this letter it is not helping my cause in trying to keep my family’s name and the circumstance regarding my son’s 14-year-old trial out of public scrutiny. That is not possible now, as Ellie Bowman and Madison Ayala have taken it upon themselves to pass out fliers in front of the Courthouse regarding this case.
They have not taken into consideration, nor have they contacted me as to how this would affect my feelings or the feelings of my grandson, whom I have been raising since this tragedy.
They state that this is not politically motivated. Why then, after this length of time, have they taken it upon themselves to bring anything about this case up now? Yes, Mr. Worth Dikeman was the prosecuting attorney in the case and yes, he obtained a conviction and yes, it is something I have to live with every day, but he was doing the job he was appointed to do and I will never fault him for that, not as it seems Ellie Bowman is doing because of the conviction of her son.
During the trial and for all the years that have gone by, Mr. Dikeman has shown me and my family the greatest respect and compassion. He has shown interest in how my grandson was doing in school, how I was doing and always had a great concern for our family. I doubt if there are many attorneys on either side who do that. I deeply resent the fact that to win an election people have to use tactics that can hurt other people instead of running on their supposedly good record.
Joanne Kesser
Fortuna
***
There are other serious conflicts as well.
***
Update:
Retrial drudges up past for longtime Fortuna residents
Tuesday, May 01, 2007
IRONY OF IRONIES
Rollin, Kesser appear in court to handle retrial issues
Richard Craig Kesser and Joseph Pierre Rollin appeared together briefly in Judge Timothy Cissna’s courtroom Monday afternoon at the Humboldt County Courthouse.
Kesser, convicted for his role in the 1992 murder of his ex-wife, and Rollin, convicted in connection with the 2002 death of Orick resident Joi Henderson Wright, sat quietly for the most part as their attorneys handled technical matters related to their possible retrials.
Kesser’s conviction was overturned in September, when an appeals court ruled former Humboldt County Deputy District Attorney Worth Dikeman had made racially based remarks during the jury selection process.
Rollin’s conviction was overturned in December because DA Paul Gallegos used Rollin’s non-Mirandized denial of responsibility as evidence against him.
And, Allison Jackson, who spent two years preparing the Rollin case, now represents Joi Henderson Wright's family.
Looks like you may see justice after all.
Related/Update:
Judge continues Kesser, Leahy murder retrial to early July
Judge denies bail to murder suspect
Richard Craig Kesser and Joseph Pierre Rollin appeared together briefly in Judge Timothy Cissna’s courtroom Monday afternoon at the Humboldt County Courthouse.
Kesser, convicted for his role in the 1992 murder of his ex-wife, and Rollin, convicted in connection with the 2002 death of Orick resident Joi Henderson Wright, sat quietly for the most part as their attorneys handled technical matters related to their possible retrials.
Kesser’s conviction was overturned in September, when an appeals court ruled former Humboldt County Deputy District Attorney Worth Dikeman had made racially based remarks during the jury selection process.
Rollin’s conviction was overturned in December because DA Paul Gallegos used Rollin’s non-Mirandized denial of responsibility as evidence against him.
And, Allison Jackson, who spent two years preparing the Rollin case, now represents Joi Henderson Wright's family.
Looks like you may see justice after all.
Related/Update:
Judge continues Kesser, Leahy murder retrial to early July
Judge denies bail to murder suspect
Sunday, April 29, 2007
"Justice for All"?
"Joi died on March 19, 2002, probably bent into the bathtub of a condemned trailer in Orick, her body weighing only 60 pounds and swathed in a soiled disposable diaper.
A medical examiner determined that Joi, 42 years old and long rendered helpless by multiple sclerosis, died from lobar pneumonia with a variety of contributing factors.
These included MS, malnutrition, a urinary tract infection from a catheter that hadn’t been cleaned in several months and 20 or more feces-infected bedsores, two of which gaped so wide and deep that the bones beneath were exposed."
Joseph Pierre Rollin "was convicted only of the enhanced abuse of a dependent adult and was sentenced to eight years in prison.
But in December, the conviction was reversed on appeal because, court documents show, Gallegos repeatedly used Pierre’s non-Mirandized denial of responsibility for Joi’s death — later refuted by a Mirandized confession — as evidence of his guilt.
Joseph Pierre Rollin was returned to the Humboldt County jail last week and is scheduled to appear Monday (April 30, 2007) for a new pre-trial hearing."
Joi's mother, Betty "has tried repeatedly to contact the DA" but he has not spoken to her.
I just don't get it. Why? Why hasn't he called her back?
Why did Paul Gallegos run for the job of District Attorney? He made alot of pronouncements about what he thought doing the job meant.
Well, talking to victim's families is part of that job, and in fact, helping victim's families find justice ought to be the most pleasurable and rewarding part of his job.
Instead he says (in an e-mail to the Eureka Reporter) "“As with all cases, we operate on the assumption that they will be tried. We are also obligated to listen and evaluate all evidence related to any possible legal, factual and equitable issues and we will. I am under the assumption that Ms. Henderson is being assisted by one (of) our most experienced victim witness advocates. I believe she will confirm that. Any possible pre-trial resolution would be discussed with the family prior to being agreed to. Of course, the ultimate decision rests entirely with me and I will exercise that authority vested in me with an eye toward balancing the duty to impose an appropriate consequence while tempering that with compassion.”"
What happened to "Justice for all!"?
It's not Palco - but what about justice for Joi Henderson Wright and her family?
Rollin, Kesser appear in court to handle retrial issues 5/1/07
ER - A mother's last chance for justice 4/28/07
Previous post: Rollins Case Overturned 12/14/06
The history:
ER - Ruling of man accused of causing the death of Orick woman overturned 12/13/2006
ER - Appeal Likely In Caregiver Case; Families Await Sentencing Hearing 10/1/04
ER - Abuse Case Weak Against Brother, Trial Of Caregiver To Begin 8/6/04
ER - Caregiver Found Guilty Of Dependent Abuse, Death 9/2/04
ER - Brother of caregiver sentenced to five years supervised probation 11/10/04
ER - Caregiver Trial Heads To Jury Later This Week 8/31/04
ER - Bench Warrant Issued For Man Who Was Recently Given Plea Bargain 8/31/04
ER - Caregiver Gets Eight Years For Causing Woman’s Death 10/6/04
ER - Jury Deliberating Caregiver Case 8/31/04
There are also twelve stories in the Times Standard, but they are not freely available online.
Brother of convicted dependent adult abuser sentenced on embezzlement charges 11/10/04
Brother of recently sentenced dependent abuser arrested 10/9/04
Dependent adult abuser sentenced to three years 10/6/04
Former caregiver found guilty in woman's death 9/3/04
Dependent abuse trial goes to jury 9/1/04
Closing arguments begin in dependent abuse trial 8/31/04
Manslaughter trial finishes first week of testimony 8/21/04
Deputy briefly takes the stand in manslaughter trail 8/20/04
Nurse only witness Wednesday in manslaughter trial 8/19/04
Dependent adult abuse trial enters second day 8/18/04
Dependent adult death trial begins 8/17, 2004
Grand jury probes death of disabled woman 7/8/04
Thursday, September 14, 2006
Salzman's Dirty Tricks Department
From the time I met him, Richard Salzman was cultivating the tribal people in Humboldt County.
He was very concerned about placing ads in a Hoopa Valley paper.
With limited ad dollars, the only sensible choice was to stick with the major papers. The notion that Native Americans only read the tribal papers, it seemed to me was rather denigrating, like people who ask how to reach 'people in McKinleyville.' (The answer is, the same way you reach people that live in Eureka, they're not some strange alien race, they're people just like you.)
I always wondered what it was that made him so insistent. It always struck an odd note. And, in retrospect, everything that struck an odd note turned out to be significant.
During the Recall, he used a Tribal Judge in his ad campaign.
When Local Solutions started making overtures to the tribes on their website, again, it rang an odd note.
People said "it has to be the money." The tribes have money. Yeah, well, that does seem to have been proven true with the huge donations to Gallegos' campaign.
But more than that, Salzman's cynical use of the Native American people to further his political goals crosses into other territory.
You saw it when non Native American wife of a Bear River Tribe member, Ellie Bowman staged what is called an "event" in activist circles. Something to get the headlines. She stood on the courthouse steps and called Worth Dikeman a racist - and that is what the public heard.
Apparently they didn't hear this:
Worth Dikeman successfully prosecuted Ellie Bowman's son, Jeff Bowman, for murder.
Bowman went to prison for 25 years to life for the murder of a Trinidad Rancheria Tribe Member named Julius Aubrey.
But what Bowman was referring to was not her son's case, completely unrelated, it was another case, involving the conviction of Richard Kesser who had been found guilty of murder in the death of his estranged wife.
Throughout his series of appeals, his criminal defense attorney alleged that Worth Dikeman dismissed Native American jurors on the basis of race.
Four times the courts had found that Dikeman acted properly and without racial animus. The Humboldt County Superior Court found that he acted properly. The California Court of Appeal for the First District found he acted properly. The California Supreme Court refused to hear the matter based upon the Court of Appeal's ruling. The United States District Court for the Northern District of California found that Mr. Dikeman acted properly and the Ninth Circuit Court of Appeals found that he acted properly.
That is to say, the majority opinion found in Worth Dikeman's favor. It is not to say there wasn't a dissenting opinion. Nonetheless, these decisions were reached on the basis of Dikeman's notes and the fact that he had other reasons for excluding those and other jurors.
Now the 9th Circuit Court of Appeals has reversed the earlier 9th Circuit Court in a 6-5 decision and Kesser may be granted a new trial.
The allegation revolves around what is known as a Wheeler motion. A Wheeler motion is a motion brought during jury selection when the opposing side claims that the other attorney has violated the Constitution by challenging jurors based on race, gender, religious or other constitutionally protected characteristics.
In fact, only one attorney in the history of Humboldt County had ever had a Wheeler Motion granted against him.
Paul Gallegos.
In People v. Mika Myers, case # CR972919, Judge John Feeney found Paul Gallegos GUILTY of using peremptory challenges to dismiss prospective jurors based upon their race.
***
Salzman's Dirty Tricks Department is very effective, and of course the standard denials were issued, nope, not involved, no, didn't have anything to do with it. Believe it if you like. I, for one, do not. And I feel sorry for the tribes who have been so cynically used.
Related stories
WEB OF LIES Richard Salzman and other e-mail phonies
An apology
Second news release countering racism allegations issued
A systematic analysis of the two DA candidates dispels any uncertainty
He was very concerned about placing ads in a Hoopa Valley paper.
With limited ad dollars, the only sensible choice was to stick with the major papers. The notion that Native Americans only read the tribal papers, it seemed to me was rather denigrating, like people who ask how to reach 'people in McKinleyville.' (The answer is, the same way you reach people that live in Eureka, they're not some strange alien race, they're people just like you.)
I always wondered what it was that made him so insistent. It always struck an odd note. And, in retrospect, everything that struck an odd note turned out to be significant.
During the Recall, he used a Tribal Judge in his ad campaign.
When Local Solutions started making overtures to the tribes on their website, again, it rang an odd note.
People said "it has to be the money." The tribes have money. Yeah, well, that does seem to have been proven true with the huge donations to Gallegos' campaign.
But more than that, Salzman's cynical use of the Native American people to further his political goals crosses into other territory.
You saw it when non Native American wife of a Bear River Tribe member, Ellie Bowman staged what is called an "event" in activist circles. Something to get the headlines. She stood on the courthouse steps and called Worth Dikeman a racist - and that is what the public heard.
Apparently they didn't hear this:
Worth Dikeman successfully prosecuted Ellie Bowman's son, Jeff Bowman, for murder.
Bowman went to prison for 25 years to life for the murder of a Trinidad Rancheria Tribe Member named Julius Aubrey.
But what Bowman was referring to was not her son's case, completely unrelated, it was another case, involving the conviction of Richard Kesser who had been found guilty of murder in the death of his estranged wife.
Throughout his series of appeals, his criminal defense attorney alleged that Worth Dikeman dismissed Native American jurors on the basis of race.
Four times the courts had found that Dikeman acted properly and without racial animus. The Humboldt County Superior Court found that he acted properly. The California Court of Appeal for the First District found he acted properly. The California Supreme Court refused to hear the matter based upon the Court of Appeal's ruling. The United States District Court for the Northern District of California found that Mr. Dikeman acted properly and the Ninth Circuit Court of Appeals found that he acted properly.
That is to say, the majority opinion found in Worth Dikeman's favor. It is not to say there wasn't a dissenting opinion. Nonetheless, these decisions were reached on the basis of Dikeman's notes and the fact that he had other reasons for excluding those and other jurors.
Now the 9th Circuit Court of Appeals has reversed the earlier 9th Circuit Court in a 6-5 decision and Kesser may be granted a new trial.
The allegation revolves around what is known as a Wheeler motion. A Wheeler motion is a motion brought during jury selection when the opposing side claims that the other attorney has violated the Constitution by challenging jurors based on race, gender, religious or other constitutionally protected characteristics.
In fact, only one attorney in the history of Humboldt County had ever had a Wheeler Motion granted against him.
Paul Gallegos.
In People v. Mika Myers, case # CR972919, Judge John Feeney found Paul Gallegos GUILTY of using peremptory challenges to dismiss prospective jurors based upon their race.
***
Salzman's Dirty Tricks Department is very effective, and of course the standard denials were issued, nope, not involved, no, didn't have anything to do with it. Believe it if you like. I, for one, do not. And I feel sorry for the tribes who have been so cynically used.
Related stories
WEB OF LIES Richard Salzman and other e-mail phonies
An apology
Second news release countering racism allegations issued
A systematic analysis of the two DA candidates dispels any uncertainty
Subscribe to:
Comments (Atom)