Property buy falls through; Redwood Teen Challenge back to drawing board
After weeks of public outcry and heated debates at City Council meetings, plans to convert the dilapidated church building at 321 West Wabash into a Redwood Teen Challenge facility died quietly this week...Read the rest
Assembly Bill 992 stirs debate
As state Sen. Pat Wiggins' bill aiming to tighten restrictions on drug and alcohol recovery programs draws cheers from some locals, others caution it may have unintended affects.
Assembly Bill 992, which passed through the Assembly Committee on Health last week and is expected to come before the Appropriations Committee in August, would require licensing of all drug and alcohol treatment facilities.
That includes recovery maintenance facilities, often called clean and sober houses, and facilities with six and fewer residents -- both of which have been free to operate without licenses or oversight.
Many locally are embracing the bill, calling it a much needed step toward addressing a problem that is eating at the fabric of Eureka neighborhoods. But, some question just how affective the bill might be. Read the rest
Addtl:
Resident: Prove deal is 'dead' 7/17/07
Good arises from anger 7/19/07
INVESTIGATING TEEN CHALLENGE - Why Does Teen Challenge Need to Be Investigated?
Saturday, July 14, 2007
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
Just for fun
Courtesans, Pimps, Damsels, Evil Life, Disreputable Houses, Scanty Bathing Suit, House Burnings, Ill-Fame & Ill-Repute in the News cir. 1890's
Maybe it was always a hellhole... "crime stories" page 1 from "The Arcata Union" 1887, "The Ferndale Enterprise" 1894, "The Daily Humboldt Times" 1895, "The Daily Humboldt Standard" 1893 page 2
Sources: Humboldt County Historical Society (link on site)
Maybe it was always a hellhole... "crime stories" page 1 from "The Arcata Union" 1887, "The Ferndale Enterprise" 1894, "The Daily Humboldt Times" 1895, "The Daily Humboldt Standard" 1893 page 2
Sources: Humboldt County Historical Society (link on site)
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
Friday, July 06, 2007
Is this weird?
The good old "Center for Biological Diversity" has been at it again.
Last fall, two environmental groups — the Pacific Rivers Council and the Center for Biological Diversity — sued the state Fish and Game Department, claiming that its trout planting program had failed to assess the adverse impacts on "sensitive aquatic species," such as the mountain yellow-legged frog, the Yosemite toad and the Santa Ana sucker.
Deanna Spooner, conservation director for the Pacific Rivers Council, based in Eugene, Ore., said it's not just that hatchery-reared rainbows "prey on other fish, on frogs and other amphibians, compete with native species for food and habitat, hybridize with native trout and spread disease. They literally change aquatic systems."
John Sullivan, who grew up in the Eastern Sierra and tied fishing flies for extra money as a teen, is skeptical that frogs are victims of trout. "If frogs are such a favorite of trout, why aren't there any frog lures being sold in Sierra sporting goods stores?" he asks. "Or pollywog lures?"
"And if trout are eating frogs in all those lakes, why aren't the trout big? The fish are small and hungry."
"The answer is because they eat bugs." Read the rest
Last fall, two environmental groups — the Pacific Rivers Council and the Center for Biological Diversity — sued the state Fish and Game Department, claiming that its trout planting program had failed to assess the adverse impacts on "sensitive aquatic species," such as the mountain yellow-legged frog, the Yosemite toad and the Santa Ana sucker.
Deanna Spooner, conservation director for the Pacific Rivers Council, based in Eugene, Ore., said it's not just that hatchery-reared rainbows "prey on other fish, on frogs and other amphibians, compete with native species for food and habitat, hybridize with native trout and spread disease. They literally change aquatic systems."
John Sullivan, who grew up in the Eastern Sierra and tied fishing flies for extra money as a teen, is skeptical that frogs are victims of trout. "If frogs are such a favorite of trout, why aren't there any frog lures being sold in Sierra sporting goods stores?" he asks. "Or pollywog lures?"
"And if trout are eating frogs in all those lakes, why aren't the trout big? The fish are small and hungry."
"The answer is because they eat bugs." Read the rest
Be careful what you wish for.
"Media Maven" Marcy Burstiner is "...frustrated with the two dailies because they each go about covering crime and the courts in a superficial manner." She makes some excellent points in a well written piece, and she does the right thing, noting: "Now, before all you bloggers with too much time on your hands go ballistic on me, here’s the disclosure you want to see: My husband works as a deputy district attorney and he used to be a criminal defense attorney."
It's a good thing she included the disclaimer this time. Her husband is not just any Deputy District Attorney, he is Jeffrey "yougofree.com" Schwartz, the source of much of the frustration surrounding the DA's Office itself. The same "Jeffrey, Schwartz" listed in the yellow pages under Attorneys, with a cell phone number as his office number, while he is serving as a public prosecutor.
The Maven's column addresses trial coverage, which of late has been territory largely ceded to The Eureka Reporter. And, as she points out, reporter Kara Machado sticks to "the facts, Ma'am, just the facts." The Maven would like to see the story behind the story, and oddly enough, we are in agreement here. Funny thing, though, it is The Journal that has traditionally filled that niche, telling the story behind the story, and rounding out the coverage.
But, be careful what you ask for, Marcy. It would be interesting, for example, to hear from the woman who was tied to a tree and raped for three days whether or not she was willing to testify against her attackers, and how she was treated by the DA's office, whether or not she was encouraged to stand up, or guided into not testifying. It would be interested to hear how the victims and the victims families feel about all the plea bargains of late. It would be interesting to hear how the jurors felt about how the trials went. It is indeed the way it is done in other places.
What may really shock Marcy the most though, is just how little the public cares about the people in the DA's office. How little they know about the work they do, about the long and thankless hours that they put in on behalf of the public. They do indeed care more about the cast of "Law and Order" than they do about the people working for them.
The prosecutors who have left, and who have been fired found out. They found that the people they had toiled for did not even raise an eyebrow at their passing. Did not squawk about the talent they were losing, expressed no appreciation for the years of work, and laughed it off with the notion that any pro-bono attorney (or defense attorney) could be brought in to fill their shoes.
Perhaps it will be a sobering realization when it hits home.
Question really is, Who's left?
It's a good thing she included the disclaimer this time. Her husband is not just any Deputy District Attorney, he is Jeffrey "yougofree.com" Schwartz, the source of much of the frustration surrounding the DA's Office itself. The same "Jeffrey, Schwartz" listed in the yellow pages under Attorneys, with a cell phone number as his office number, while he is serving as a public prosecutor.
The Maven's column addresses trial coverage, which of late has been territory largely ceded to The Eureka Reporter. And, as she points out, reporter Kara Machado sticks to "the facts, Ma'am, just the facts." The Maven would like to see the story behind the story, and oddly enough, we are in agreement here. Funny thing, though, it is The Journal that has traditionally filled that niche, telling the story behind the story, and rounding out the coverage.
But, be careful what you ask for, Marcy. It would be interesting, for example, to hear from the woman who was tied to a tree and raped for three days whether or not she was willing to testify against her attackers, and how she was treated by the DA's office, whether or not she was encouraged to stand up, or guided into not testifying. It would be interested to hear how the victims and the victims families feel about all the plea bargains of late. It would be interesting to hear how the jurors felt about how the trials went. It is indeed the way it is done in other places.
What may really shock Marcy the most though, is just how little the public cares about the people in the DA's office. How little they know about the work they do, about the long and thankless hours that they put in on behalf of the public. They do indeed care more about the cast of "Law and Order" than they do about the people working for them.
The prosecutors who have left, and who have been fired found out. They found that the people they had toiled for did not even raise an eyebrow at their passing. Did not squawk about the talent they were losing, expressed no appreciation for the years of work, and laughed it off with the notion that any pro-bono attorney (or defense attorney) could be brought in to fill their shoes.
Perhaps it will be a sobering realization when it hits home.
Question really is, Who's left?
Thursday, July 05, 2007
So.
I'll be resubmitting my Public Records Act Request for the Child Abuse Services Team (CAST) information. In my conversation with Chief Investigator Mike Hislop, I was under the impression that he agreed that the agendas, minutes and sign in sheets for CAST meetings were certainly not "evidentiary" in nature, as Gallegos has claimed. And I have waited. But, the documents have not been delivered.
developing...
related:
Round Two
What is there to hide?
Public Records Act Request
Gallegos puts Jeffrey "yougofree.com" Schwartz in charge of CAST
A matter of priorities
ER - Former deputy DA speaks out
ER - Candidates spar over child abuse team
ER - DA's Office yet to respond to request for child abuse records
ER - CAST established with child victims in mind
ER - CAST needs support Gallegos is not providing
developing...
related:
Round Two
What is there to hide?
Public Records Act Request
Gallegos puts Jeffrey "yougofree.com" Schwartz in charge of CAST
A matter of priorities
ER - Former deputy DA speaks out
ER - Candidates spar over child abuse team
ER - DA's Office yet to respond to request for child abuse records
ER - CAST established with child victims in mind
ER - CAST needs support Gallegos is not providing
Wednesday, July 04, 2007
Celebrate the Fourth
photo source
.
THANK YOU, Lane DeVries! It was spectacular!
Additional info: Lane credits Carl Pellatz as the other half of the fireworks rescue effort. So THANKS to you both!
I'm also told that Eureka's show was also fabulous! More THANKS for all.
Both The Times-Standard and The Eureka Reporter got some great shots! Check 'em out!
More:
Thanks to Sun Valley Floral Farms for making Arcata Fourth of July a special day 7/15/2007
Dear Editor,
Thank you, Sun Valley Floral Farms, for your generosity in stepping in at the last minute to finance the Arcata Fourth of July fireworks show. It was the best show I have ever seen in Arcata. Without this show of support to the community from your company, the Fourth would have been just another day in Arcata.
Thanks again for capping off a great Independence Day for my family and me.
Joel Rink
McKinleyville
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
Tuesday, July 03, 2007
a 2003 murder case
Preliminary hearing in murder/attempted murder case continued
...defense attorney (Neal Sanders) declared a conflict of interest Monday morning with regard to defending his client — a man charged in a 2003 murder/attempted murder case... David Gabriel Barger was to have his preliminary hearing — after which a judge would have determined whether there was sufficient evidence to warrant a trial — he was assigned a new Eureka-based attorney, Marion Miller.
According to past reports, Barger pleaded not guilty in late March to the July 19, 2003, murder of Rex Shinn; the Aug. 13, 2004, attempted murder of Brandon Fee; the Aug. 13, 2004, assault with a deadly weapon, being a firearm, of Brandon Fee; and the Aug. 13, 2004, assault with a deadly weapon, being a firearm, of Alvin Pires.
Barger, 22, a resident of Southern Humboldt — who has gone by the last name of Sequoia — also issued denials to the various firearms-related special allegations listed on the complaint filed by the Humboldt County District Attorney’s Office.
...The police report alone, Sanders said in a previous interview, is more than 1,400 pages long.
Humboldt County DDA Max Cardoza is prosecuting the case.
Related:
Date Released: Sheriff's Press Release 8/28/2003
Subject: Missing Person
Contact: Det. Rich Schlesiger (707)268-3642
Case No#: 200305296
Released By: Brenda Gainey, PIO
Location: Loleta
Investigators from the Humboldt County Sheriff’s Office and the District Attorney’s Office are still searching for a missing Loleta man. Rex Donald Shinn, 32, was reported missing on August 11, 2003. Since then investigators have been conducting an intensive search for Shinn.
Shinn is a white male adult, 5’8” tall and 160 pounds. He has brown hair and blue eyes.
Shinn drives a silver-blue 1995 Chevrolet ½ ton extended cab 4X4 truck; California license number 5B49549. The truck has the phrase “Shinn Dig Excavation” in blue letters on the doors and a graphic of an excavator on the side.
Anyone with information should call Detective Rich Schlesiger at (707) 268-3642.
MISSING MAN'S BODY FOUND: A body believed to be that of a murdered Loleta man was found Jan. 20 on private land five miles east of Honeydew, the Sheriff's Office reported. An autopsy will be performed this week to identify the remains, but sheriff's officials believe the dead man is Rex Donald Shinn, 32, who was reported missing in July 2003. A homicide investigation began soon after Shinn's truck was found abandoned in Petrolia on Aug. 30, 2003. Detectives believe they know who killed Shinn and will forward the case to the District Attorney's office. Anyone with information can contact Humboldt County Sheriff's Detective Rich Schlesiger at 445-7251.
MURDERED MEN IDENTIFIED: The remains of two slain men whose bodies were left in Southern Humboldt have been positively identified. A body discovered last month in Honeydew was identified through dental records as Rex Donald Shinn, of Loleta, according to the Humboldt County Sheriff's Office. Autopsy results confirm that Shinn, 32, died of a gunshot wound. The Sheriff's Office says that they know who killed the man, who was reported missing in July 2003. Sheriff's detectives are continuing an investigation into Shinn's murder. Anyone with information should contact Detective Rich Schlesiger at 445-7251. In another unsolved homicide, a recent DNA comparison has identified Robert John Tobaka, 53, of Eureka almost one year after his body was discovered in the woods near Pepperwood. The cause of the man's death was not released by the Sheriff's Office; an investigation continues.
...defense attorney (Neal Sanders) declared a conflict of interest Monday morning with regard to defending his client — a man charged in a 2003 murder/attempted murder case... David Gabriel Barger was to have his preliminary hearing — after which a judge would have determined whether there was sufficient evidence to warrant a trial — he was assigned a new Eureka-based attorney, Marion Miller.
According to past reports, Barger pleaded not guilty in late March to the July 19, 2003, murder of Rex Shinn; the Aug. 13, 2004, attempted murder of Brandon Fee; the Aug. 13, 2004, assault with a deadly weapon, being a firearm, of Brandon Fee; and the Aug. 13, 2004, assault with a deadly weapon, being a firearm, of Alvin Pires.
Barger, 22, a resident of Southern Humboldt — who has gone by the last name of Sequoia — also issued denials to the various firearms-related special allegations listed on the complaint filed by the Humboldt County District Attorney’s Office.
...The police report alone, Sanders said in a previous interview, is more than 1,400 pages long.
Humboldt County DDA Max Cardoza is prosecuting the case.
Related:
Date Released: Sheriff's Press Release 8/28/2003
Subject: Missing Person
Contact: Det. Rich Schlesiger (707)268-3642
Case No#: 200305296
Released By: Brenda Gainey, PIO
Location: Loleta
Investigators from the Humboldt County Sheriff’s Office and the District Attorney’s Office are still searching for a missing Loleta man. Rex Donald Shinn, 32, was reported missing on August 11, 2003. Since then investigators have been conducting an intensive search for Shinn.
Shinn is a white male adult, 5’8” tall and 160 pounds. He has brown hair and blue eyes.
Shinn drives a silver-blue 1995 Chevrolet ½ ton extended cab 4X4 truck; California license number 5B49549. The truck has the phrase “Shinn Dig Excavation” in blue letters on the doors and a graphic of an excavator on the side.
Anyone with information should call Detective Rich Schlesiger at (707) 268-3642.
MISSING MAN'S BODY FOUND: A body believed to be that of a murdered Loleta man was found Jan. 20 on private land five miles east of Honeydew, the Sheriff's Office reported. An autopsy will be performed this week to identify the remains, but sheriff's officials believe the dead man is Rex Donald Shinn, 32, who was reported missing in July 2003. A homicide investigation began soon after Shinn's truck was found abandoned in Petrolia on Aug. 30, 2003. Detectives believe they know who killed Shinn and will forward the case to the District Attorney's office. Anyone with information can contact Humboldt County Sheriff's Detective Rich Schlesiger at 445-7251.
MURDERED MEN IDENTIFIED: The remains of two slain men whose bodies were left in Southern Humboldt have been positively identified. A body discovered last month in Honeydew was identified through dental records as Rex Donald Shinn, of Loleta, according to the Humboldt County Sheriff's Office. Autopsy results confirm that Shinn, 32, died of a gunshot wound. The Sheriff's Office says that they know who killed the man, who was reported missing in July 2003. Sheriff's detectives are continuing an investigation into Shinn's murder. Anyone with information should contact Detective Rich Schlesiger at 445-7251. In another unsolved homicide, a recent DNA comparison has identified Robert John Tobaka, 53, of Eureka almost one year after his body was discovered in the woods near Pepperwood. The cause of the man's death was not released by the Sheriff's Office; an investigation continues.
Rules of Professional Conduct
NDAA National Prosecution Standards
Conflicts of interest
7.1 Conflict Avoidance
The prosecutor should avoid interests and activities which are likely to appear to, or in fact do, conflict with the duties and responsibilities of the prosecutor's office.
7.2
Conflicts with Private Practice
In those jurisdictions which do not prohibit private practice by a prosecutor:
a. The prosecutor should avoid representation in all criminal and quasi-criminal defense regardless of the jurisdiction.
b. The prosecutor should avoid any representation in which there is a reasonable belief that the subject matter will be that of a criminal investigation.
c. The prosecutor should avoid any representation of a person who is under criminal investigation, charged or indicted, and any agent or close relative of such a person.
d. The prosecutor should avoid any representation to private clients or prospective clients that the status as prosecutor is or could be an advantage in the private representation.
e. The prosecutor may not designate the status as prosecutor on any letterhead, announcements, advertising, or other communications involved in the private practice and may not in any manner use the resources of the prosecutor's office for the purpose of such non-prosecutorial activities.
f. The prosecutor should excuse himself from the investigation and prosecution of any client of the prosecutor and should withdraw from representation of that client.
7.3 Specific conflicts
In all jurisdictions, including those prohibiting private practice by prosecutors:
a. The prosecutor should excuse himself from the investigation and prosecution of any former client involving or substantially related to the subject matter of the former representation, unless, after full disclosure, the former client makes a counseled waiver permitting the prosecutor's involvement in the investigation or prosecution.
b. The prosecutor should excuse himself from the investigation and prosecution of any person who is represented by a lawyer related to the prosecutor as a parent, child, sibling, or spouse or who has a significant financial relationship with the prosecutor.
d. The prosecutor should avoid any private interests, financial or otherwise, which may affect his professional judgement in the exercise of the duties and responsibilities of the prosecutor's office.
MOU: COUNTY ATTORNEYS' ASSOCIATION
County Documents > Memorandum of Understanding http://co.humboldt.ca.us/personel/docs/Attorney/
11. OUTSIDE EMPLOYMENT
A. Policy on Incompatible Activities
Each employee and officer of the County of Humboldt, regardless of the capacity in which he may be employed, is hereby prohibited from engaging in any activity inconsistent, incompatible or conflicting with his duties or which might impair the impartial performance of his duties. Any employee engaging in outside employment shall notify his appointing power of the nature and expected duration of such outside employment seven (7) days before the commencement of such outside employment. Such employee or officer shall not perform any work, service or counsel for compensation outside of County employment where any part of his/her efforts will be subject to approval by any officer, employee, board or commission of Humboldt County unless otherwise approved in the manner prescribed below.
Each appointing power may determine those outside activities which, for employees under his/her jurisdiction, are inconsistent with, incompatible with, or in conflict with their duties as Humboldt County officers or employees. An employee’s outside employment, activity or enterprise may be prohibited if it: a) involves the use for private gain or advantage of Humboldt County time, facilities, equipment and supplies, or the badge, uniform prestige or influence of their Humboldt County office or employment; or b) involves receipt or acceptance by the officer or employee of any money or other consideration from anyone other than Humboldt County for the performance of an act which the officer or employee, if not performing such act, would be required or expected to render in the regular course of their Humboldt County employment or as a part of their duties as a Humboldt County officer or employee; or c) involves the performance of an act in other than their capacity as a Humboldt County officer or employee which act may later be subject directly or indirectly to the control, inspection, review, audit or enforcement of any other officer or employee of Humboldt County; or d) involves such time demands as would render performance of their duties as a Humboldt County officer or employee less efficient. An employee or officer may appeal an adverse decision of the appointing power, within five (5) days after written notification of the decision, by written appeal to the Personnel Director who shall affirm, reverse or modify the decision of the appointing power. The employee or officer may then, within five (5) days after written notification of the decision of the Personnel Director, appeal in writing to the Board of Supervisors. The decision of the Board of Supervisors shall be final and conclusive.
B. Prohibition Against Personal Use of County Equipment
No County-owned equipment, autos, trucks, instruments, tools, supplies, machines or any other item which is the property of the County of Humboldt shall be used by any employee of the County while said employee is engaged in any outside employment or activity, for compensation or otherwise, except upon prior order by the Board of Supervisors.
C. Prohibition Against Loaning County Equipment
No employee shall allow any other person to rent, borrow or use any of the items mentioned in Paragraph B above for any other than a public purpose, except upon prior order of the Board of Supervisors.
D. Penalty for Violation of Section
Any violation of the provisions herein contained respecting outside employment or activity and use of County property shall constitute sufficient grounds for immediate dismissal from the County service of the officer or employee guilty thereof.
pg 7
Conflicts of interest
7.1 Conflict Avoidance
The prosecutor should avoid interests and activities which are likely to appear to, or in fact do, conflict with the duties and responsibilities of the prosecutor's office.
7.2
Conflicts with Private Practice
In those jurisdictions which do not prohibit private practice by a prosecutor:
a. The prosecutor should avoid representation in all criminal and quasi-criminal defense regardless of the jurisdiction.
b. The prosecutor should avoid any representation in which there is a reasonable belief that the subject matter will be that of a criminal investigation.
c. The prosecutor should avoid any representation of a person who is under criminal investigation, charged or indicted, and any agent or close relative of such a person.
d. The prosecutor should avoid any representation to private clients or prospective clients that the status as prosecutor is or could be an advantage in the private representation.
e. The prosecutor may not designate the status as prosecutor on any letterhead, announcements, advertising, or other communications involved in the private practice and may not in any manner use the resources of the prosecutor's office for the purpose of such non-prosecutorial activities.
f. The prosecutor should excuse himself from the investigation and prosecution of any client of the prosecutor and should withdraw from representation of that client.
7.3 Specific conflicts
In all jurisdictions, including those prohibiting private practice by prosecutors:
a. The prosecutor should excuse himself from the investigation and prosecution of any former client involving or substantially related to the subject matter of the former representation, unless, after full disclosure, the former client makes a counseled waiver permitting the prosecutor's involvement in the investigation or prosecution.
b. The prosecutor should excuse himself from the investigation and prosecution of any person who is represented by a lawyer related to the prosecutor as a parent, child, sibling, or spouse or who has a significant financial relationship with the prosecutor.
d. The prosecutor should avoid any private interests, financial or otherwise, which may affect his professional judgement in the exercise of the duties and responsibilities of the prosecutor's office.
MOU: COUNTY ATTORNEYS' ASSOCIATION
County Documents > Memorandum of Understanding http://co.humboldt.ca.us/personel/docs/Attorney/
11. OUTSIDE EMPLOYMENT
A. Policy on Incompatible Activities
Each employee and officer of the County of Humboldt, regardless of the capacity in which he may be employed, is hereby prohibited from engaging in any activity inconsistent, incompatible or conflicting with his duties or which might impair the impartial performance of his duties. Any employee engaging in outside employment shall notify his appointing power of the nature and expected duration of such outside employment seven (7) days before the commencement of such outside employment. Such employee or officer shall not perform any work, service or counsel for compensation outside of County employment where any part of his/her efforts will be subject to approval by any officer, employee, board or commission of Humboldt County unless otherwise approved in the manner prescribed below.
Each appointing power may determine those outside activities which, for employees under his/her jurisdiction, are inconsistent with, incompatible with, or in conflict with their duties as Humboldt County officers or employees. An employee’s outside employment, activity or enterprise may be prohibited if it: a) involves the use for private gain or advantage of Humboldt County time, facilities, equipment and supplies, or the badge, uniform prestige or influence of their Humboldt County office or employment; or b) involves receipt or acceptance by the officer or employee of any money or other consideration from anyone other than Humboldt County for the performance of an act which the officer or employee, if not performing such act, would be required or expected to render in the regular course of their Humboldt County employment or as a part of their duties as a Humboldt County officer or employee; or c) involves the performance of an act in other than their capacity as a Humboldt County officer or employee which act may later be subject directly or indirectly to the control, inspection, review, audit or enforcement of any other officer or employee of Humboldt County; or d) involves such time demands as would render performance of their duties as a Humboldt County officer or employee less efficient. An employee or officer may appeal an adverse decision of the appointing power, within five (5) days after written notification of the decision, by written appeal to the Personnel Director who shall affirm, reverse or modify the decision of the appointing power. The employee or officer may then, within five (5) days after written notification of the decision of the Personnel Director, appeal in writing to the Board of Supervisors. The decision of the Board of Supervisors shall be final and conclusive.
B. Prohibition Against Personal Use of County Equipment
No County-owned equipment, autos, trucks, instruments, tools, supplies, machines or any other item which is the property of the County of Humboldt shall be used by any employee of the County while said employee is engaged in any outside employment or activity, for compensation or otherwise, except upon prior order by the Board of Supervisors.
C. Prohibition Against Loaning County Equipment
No employee shall allow any other person to rent, borrow or use any of the items mentioned in Paragraph B above for any other than a public purpose, except upon prior order of the Board of Supervisors.
D. Penalty for Violation of Section
Any violation of the provisions herein contained respecting outside employment or activity and use of County property shall constitute sufficient grounds for immediate dismissal from the County service of the officer or employee guilty thereof.
pg 7
A conviction
German citizen convicted of one charge
(Heiko) Forster, 32, was found guilty of felony possession of cocaine base and not guilty of possession of a hypodermic needle, said Humboldt County Deputy Public Defender Jonathan McCrone.
However, the jury was hung with regard to possession of heroin for sale and possession of a controlled substance (heroin), McCrone said — nine jurors were in favor of finding Forster guilty of the two counts, while three were not.
“In talking to the jury (after court proceedings Monday), they had difficulty with the fact that there were five other people in the apartment (where Forster was arrested), all seeming to be equally likely to be in possession of (the heroin and syringes),” McCrone said, “and they didn’t feel they had enough evidence to connect (the heroin and syringes) to Mr. Forster.
“According to the jury, they found Mr. Forster guilty of possession of cocaine base because (law enforcement) found a pipe used for smoking cocaine in his backpack.”
McCrone said it is “up to an immigration judge” to decide whether Forster will be deported back to Germany because of his felony conviction.
“He’s eligible for Proposition 36 (a drug rehabilitation program), but they are telling us that any felony can get him deported,” McCrone said. “I can’t tell you for sure, but that’s what we’re trying to avoid — he’s got three children.”
Humboldt County Deputy District Attorney Arnie Klein, who prosecuted the case, said he doesn’t believe Forster would be eligible for Proposition 36 because he has at least two prior drug convictions — one in 1999 and another in 2000.
“I can’t answer for the deportation laws in 1999 and 2000, but they became more stringent after Sept. 11,” Klein said. “My fervent wish is that (Forster is) deported.
“We have enough drug dealers on the streets of Eureka without him adding to the numbers.” (read the rest)
(Heiko) Forster, 32, was found guilty of felony possession of cocaine base and not guilty of possession of a hypodermic needle, said Humboldt County Deputy Public Defender Jonathan McCrone.
However, the jury was hung with regard to possession of heroin for sale and possession of a controlled substance (heroin), McCrone said — nine jurors were in favor of finding Forster guilty of the two counts, while three were not.
“In talking to the jury (after court proceedings Monday), they had difficulty with the fact that there were five other people in the apartment (where Forster was arrested), all seeming to be equally likely to be in possession of (the heroin and syringes),” McCrone said, “and they didn’t feel they had enough evidence to connect (the heroin and syringes) to Mr. Forster.
“According to the jury, they found Mr. Forster guilty of possession of cocaine base because (law enforcement) found a pipe used for smoking cocaine in his backpack.”
McCrone said it is “up to an immigration judge” to decide whether Forster will be deported back to Germany because of his felony conviction.
“He’s eligible for Proposition 36 (a drug rehabilitation program), but they are telling us that any felony can get him deported,” McCrone said. “I can’t tell you for sure, but that’s what we’re trying to avoid — he’s got three children.”
Humboldt County Deputy District Attorney Arnie Klein, who prosecuted the case, said he doesn’t believe Forster would be eligible for Proposition 36 because he has at least two prior drug convictions — one in 1999 and another in 2000.
“I can’t answer for the deportation laws in 1999 and 2000, but they became more stringent after Sept. 11,” Klein said. “My fervent wish is that (Forster is) deported.
“We have enough drug dealers on the streets of Eureka without him adding to the numbers.” (read the rest)
AND - Another plea agreement
Defendant pleads no contest to plea
by Kara Machado, 7/2/2007
On the day he was to start trial proceedings, an Arcata man pleaded no contest to a plea agreement that dropped an attempted murder charge.
Based on Monday’s negotiated plea agreement, a judge will not be able to sentence Blake Gregory Moreland, 21, to more than seven years in state prison, said Humboldt County Deputy District Attorney Arnie Klein — the minimum Moreland could potentially face, Klein said, is probation.... Moreland pleaded no contest Monday morning to a plea agreement of assault with a deadly weapon — a .380-caliber handgun — and admitted a special allegation that he personally used a handgun in the commission of a crime, Klein said... A special allegation increases the time a defendant faces at sentencing.
...Past reports indicate Moreland was charged with attempted murder, assault with a firearm, discharging a firearm out of a vehicle and negligent discharge of a firearm... According to previous reports, Moreland and a male victim were driving in separate vehicles in the Manila area when, at one point, Moreland shot at the victim — who had a woman, a 17-year-old girl and a 2-year-old child as passengers in his vehicle.
by Kara Machado, 7/2/2007
On the day he was to start trial proceedings, an Arcata man pleaded no contest to a plea agreement that dropped an attempted murder charge.
Based on Monday’s negotiated plea agreement, a judge will not be able to sentence Blake Gregory Moreland, 21, to more than seven years in state prison, said Humboldt County Deputy District Attorney Arnie Klein — the minimum Moreland could potentially face, Klein said, is probation.... Moreland pleaded no contest Monday morning to a plea agreement of assault with a deadly weapon — a .380-caliber handgun — and admitted a special allegation that he personally used a handgun in the commission of a crime, Klein said... A special allegation increases the time a defendant faces at sentencing.
...Past reports indicate Moreland was charged with attempted murder, assault with a firearm, discharging a firearm out of a vehicle and negligent discharge of a firearm... According to previous reports, Moreland and a male victim were driving in separate vehicles in the Manila area when, at one point, Moreland shot at the victim — who had a woman, a 17-year-old girl and a 2-year-old child as passengers in his vehicle.
Monday, July 02, 2007
What's the objection?
Harbor District fills new Port of Humboldt promotion position (Port of Oakland Maritime Director Wilson) Lacy’s hiring was enthusiastically received by most, but not all, of those attending Thursday’s meeting, and some reminded the commissioners not to forget their obligation to recreation and conservation.
When did Jennifer Kalt become a "Baykeeper" representative?
What's Mr. "Baykeeper's" objection here? Guess you'll have to tune into his special radio show to hear the spin.
Humboldt Baykeeper representative Jennifer Kalt read a letter from group Program Director Pete Nichols that demanded the district deny Lacy’s hiring, which Nichols said is not a good use of taxpayer money because there is no viable shipping program for him to oversee.
But paying off predatory lawsuits IS?
More:
Arcata Eye - New Harbor hire draws fire
Arcata Eye - Nichol's letter
The people who conduct the business, and who have to make the decision say they need "someone “with extensive experience to market this port on an international basis... . We found this candidate and are really excited.” “Never, in all the years I’ve been preaching the return of the port, did I imagine we’d land a guy like Wilson Lacy. It doesn’t happen every day.”
But the all-knowing "Baykeeper" says “I find the District’s direction on this issue very worrisome, poorly thought out and seriously lacking in strategy,”
Maybe that means he's afraid Lacy won't cave in to threatened litigation.
When did Jennifer Kalt become a "Baykeeper" representative?
What's Mr. "Baykeeper's" objection here? Guess you'll have to tune into his special radio show to hear the spin.
Humboldt Baykeeper representative Jennifer Kalt read a letter from group Program Director Pete Nichols that demanded the district deny Lacy’s hiring, which Nichols said is not a good use of taxpayer money because there is no viable shipping program for him to oversee.
But paying off predatory lawsuits IS?
More:
Arcata Eye - New Harbor hire draws fire
Arcata Eye - Nichol's letter
The people who conduct the business, and who have to make the decision say they need "someone “with extensive experience to market this port on an international basis... . We found this candidate and are really excited.” “Never, in all the years I’ve been preaching the return of the port, did I imagine we’d land a guy like Wilson Lacy. It doesn’t happen every day.”
But the all-knowing "Baykeeper" says “I find the District’s direction on this issue very worrisome, poorly thought out and seriously lacking in strategy,”
Maybe that means he's afraid Lacy won't cave in to threatened litigation.
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