URGENT ALERT! This case was TOSSED by the Judge - never made it to trial.
☛ ER http://eurekareporter.com/article/080826-judge-throws-out-douglas-zanotti-case
Feeney said the indictments the grand jury handed down to Douglas and Zanotti in December 2007 weren’t supported by probable cause. Insufficient evidence regarding the former leaders’ alleged failure to oversee other law enforcement was also presented to the grand jury, Feeney said, and instructions given on “exigent circumstances” were inadequate.
The grand jury should have also been instructed on justifiable homicide by law enforcement officials, Feeney said.
***
Original post: EPD SWAT team ordered to stand down
Citing a lack of resources and personnel, Eureka Police Department Chief Garr Nielsen issued an order Tuesday effectively disbanding his department’s Strategic Weapons and Tactics team.
“SWAT has been an issue and a concern for me since I got here,” Nielsen said in an interview Wednesday, noting that at the time of his hiring in May the team had only eight members and had recently dwindled to six.
“That takes us to the point that I do not feel comfortable saying we have a team that could handle a major incident in the city,” he said. “For instance, if I had an officer shot and needed to get him out of a situation, or a barricaded subject, I don’t know that I have the resources myself to be able to handle something like that right now.”
Additionally, Nielsen added, the six remaining SWAT team members “are under a great deal of strain right now” because of the criminal grand jury convened this week to determine whether charges should be filed in the 2006 EPD SWAT team shooting death of Cheri Moore.
“This is very emotional for them. This is very stressful for them. And quite frankly, I’m very concerned about a major incident happening now and having a SWAT situation they would have to take care of.”
Nielsen said repeatedly that he had “absolute confidence” in the team members’ competence and abilities.
“If I were somewhere and needed help, those are the first six people I would call.”...
Wednesday, November 07, 2007
In the cases to watch file
Second of three suspects in 1998 homicide arrested
A drunken driving arrest in Stanislaus County led authorities to the final suspect in the 1998 killing of a Eureka teenager outside a video store.
The Eureka Police Department said the California Highway Patrol pulled over and arrested a man on Oct. 28 who identified himself as Alejandro Contreras.
When his fingerprints came back, the man's real identity was revealed to be Yohan Perez Lopez, who is suspected in the shooting death of Ryan Matthew Dunn,18, in January 1998....
A drunken driving arrest in Stanislaus County led authorities to the final suspect in the 1998 killing of a Eureka teenager outside a video store.
The Eureka Police Department said the California Highway Patrol pulled over and arrested a man on Oct. 28 who identified himself as Alejandro Contreras.
When his fingerprints came back, the man's real identity was revealed to be Yohan Perez Lopez, who is suspected in the shooting death of Ryan Matthew Dunn,18, in January 1998....
Supervisors discuss pot limit proposal
THE PRESS DEMOCRAT Supervisors discuss pot limit proposal
UKIAH -- A proposal to limit the number of medical marijuana plants that can be grown in unincorporated areas of Mendocino County was praised and condemned Tuesday at a Board of Supervisors meeting.
The proposal would allow no more than 25 plants on any parcel in unincorporated areas. The county currently allows up to 25 plants to be grown per medical marijuana user.
Many pot growers say they supply multiple people, resulting in gardens with far more than 25 plants.
The proposed ordinance says growing more than 25 plants constitutes a nuisance both because of the skunklike smell and the prospect for burglaries, robberies and other crimes.
Marijuana advocates called the proposal unfair and illegal and vowed to sue if it's adopted.
"The ordinance is so wrong in so many ways," said Keith Faulder, a former county prosecutor who now represents medical marijuana users.
But a growing number of Mendocino County residents are coming forward to demand limits on pot cultivation.
"I'm hearing from all over the county, enough is enough," Supervisor Jim Wattenburger said.
Critics say Mendocino County's permissive policy attracts people who make a living growing marijuana under the guise of supplying medicine.
It's a "medical marijuana hoax," said Dennis Smart, who, with a contingent of rural residents, attended the meeting to plead with supervisors to place limits on the growing marijuana industry they say is ruining their neighborhoods.
Members of the Robinson Creek Road Association -- many of whom initially supported legalizing pot for medical reasons -- said large-scale production is denying them the ability to enjoy their land.
Animals are being shot for wandering into gardens, pot irrigation is causing water tables to drop, and traffic is increasing with the steady flow of drug dealers, said Matt Davis.
"People are getting fed up," he said.
Mike Nemeth said the proposed ordinance would be unfair to people like him who moved to Mendocino County after researching its pot policies.
"It would be an injustice not to be able to do what we came here to do," said Nemeth, who said he wants to grow pot because some of his family members are beginning to age and he wants to help them if they develop ailments.
The board will resume discussion of the proposed ordinance in December.
By GLENDA ANDERSON
It's about QUALITY OF LIFE.
h/t Robin: Pot activist likely knew killers
Police believe gunmen who robbed Laytonville man familiar with home
Welcome to potdoc.com
UKIAH -- A proposal to limit the number of medical marijuana plants that can be grown in unincorporated areas of Mendocino County was praised and condemned Tuesday at a Board of Supervisors meeting.
The proposal would allow no more than 25 plants on any parcel in unincorporated areas. The county currently allows up to 25 plants to be grown per medical marijuana user.
Many pot growers say they supply multiple people, resulting in gardens with far more than 25 plants.
The proposed ordinance says growing more than 25 plants constitutes a nuisance both because of the skunklike smell and the prospect for burglaries, robberies and other crimes.
Marijuana advocates called the proposal unfair and illegal and vowed to sue if it's adopted.
"The ordinance is so wrong in so many ways," said Keith Faulder, a former county prosecutor who now represents medical marijuana users.
But a growing number of Mendocino County residents are coming forward to demand limits on pot cultivation.
"I'm hearing from all over the county, enough is enough," Supervisor Jim Wattenburger said.
Critics say Mendocino County's permissive policy attracts people who make a living growing marijuana under the guise of supplying medicine.
It's a "medical marijuana hoax," said Dennis Smart, who, with a contingent of rural residents, attended the meeting to plead with supervisors to place limits on the growing marijuana industry they say is ruining their neighborhoods.
Members of the Robinson Creek Road Association -- many of whom initially supported legalizing pot for medical reasons -- said large-scale production is denying them the ability to enjoy their land.
Animals are being shot for wandering into gardens, pot irrigation is causing water tables to drop, and traffic is increasing with the steady flow of drug dealers, said Matt Davis.
"People are getting fed up," he said.
Mike Nemeth said the proposed ordinance would be unfair to people like him who moved to Mendocino County after researching its pot policies.
"It would be an injustice not to be able to do what we came here to do," said Nemeth, who said he wants to grow pot because some of his family members are beginning to age and he wants to help them if they develop ailments.
The board will resume discussion of the proposed ordinance in December.
By GLENDA ANDERSON
It's about QUALITY OF LIFE.
h/t Robin: Pot activist likely knew killers
Police believe gunmen who robbed Laytonville man familiar with home
Welcome to potdoc.com
Gallegos files complaint against auto dismantlers
Gallegos files complaint against auto dismantlers
Humboldt County District Attorney Paul Gallegos announced Tuesday that his office is filing a civil complaint against a Santa Rosa-based auto dismantler after oils leaked from its crusher while crushing cars in Rio Dell last year.
Both Cream's Dismantling and Joseph Cream Sr. are named as defendants in the suit.
”The lawsuit alleges that Cream's crusher was not equipped with an appropriate containment device and its employees did not otherwise take appropriate steps to prevent fluids from leaking,” stated a DA press release.
Gallegos alleges in the complaint that oil from the crusher ended up in Rio Dell's storm drain system and the Eel River.
Why is it I think there will turn out to be more to this story?
DA files lawsuit against Cream's Dismantling
He's very talkative in this one:
The district attorney included a cause of action under the Unfair Competition Law, citing the unfair profits retained by the defendants through their externalization of the costs of complying with anti-pollution laws.
“Businesses that fail to use the proper equipment, resulting in pollution releases that could have been avoided, are effectively shifting their costs of operation onto the public,” Gallegos said. “In this case, Cream’s should have retrofitted its crusher with a containment system that would have prevented the leakage of pollutants onto the ground. It chose not to invest the money to do so, with the result that the city and other agency officials had to respond to the spill.
“Additionally, in spite of the efforts of those who responded to the spill, pollutants ended up in the city’s storm drain system and washed into the Eel River.”
Gallegos said the alleged violations “could have and should have been avoided.”
“The laws that we are enforcing serve an important public purpose,” Gallegos said. “They are designed to protect the public health and safety by preventing the release of pollutants that are detrimental to the health of both people and the natural systems upon which we depend.
“It is critical that people become more aware of the importance of preventing hazardous substances from entering the natural environment. There are appropriate and legally sanctioned ways of disposing of hazardous waste. People need to know that, and know that if they violate the laws they will have to pay the consequences.”
But will he file a complaint against the POT PLANTATION OWNER?
Humboldt County District Attorney Paul Gallegos announced Tuesday that his office is filing a civil complaint against a Santa Rosa-based auto dismantler after oils leaked from its crusher while crushing cars in Rio Dell last year.
Both Cream's Dismantling and Joseph Cream Sr. are named as defendants in the suit.
”The lawsuit alleges that Cream's crusher was not equipped with an appropriate containment device and its employees did not otherwise take appropriate steps to prevent fluids from leaking,” stated a DA press release.
Gallegos alleges in the complaint that oil from the crusher ended up in Rio Dell's storm drain system and the Eel River.
Why is it I think there will turn out to be more to this story?
DA files lawsuit against Cream's Dismantling
He's very talkative in this one:
The district attorney included a cause of action under the Unfair Competition Law, citing the unfair profits retained by the defendants through their externalization of the costs of complying with anti-pollution laws.
“Businesses that fail to use the proper equipment, resulting in pollution releases that could have been avoided, are effectively shifting their costs of operation onto the public,” Gallegos said. “In this case, Cream’s should have retrofitted its crusher with a containment system that would have prevented the leakage of pollutants onto the ground. It chose not to invest the money to do so, with the result that the city and other agency officials had to respond to the spill.
“Additionally, in spite of the efforts of those who responded to the spill, pollutants ended up in the city’s storm drain system and washed into the Eel River.”
Gallegos said the alleged violations “could have and should have been avoided.”
“The laws that we are enforcing serve an important public purpose,” Gallegos said. “They are designed to protect the public health and safety by preventing the release of pollutants that are detrimental to the health of both people and the natural systems upon which we depend.
“It is critical that people become more aware of the importance of preventing hazardous substances from entering the natural environment. There are appropriate and legally sanctioned ways of disposing of hazardous waste. People need to know that, and know that if they violate the laws they will have to pay the consequences.”
But will he file a complaint against the POT PLANTATION OWNER?
36 parcels, $5,803,000.00 + ?
How does a pro-bono attorney come up with that kind of money?
If Steve Schectman is indeed the "President" of Vilica LLC, who else is involved? Josh Hedlund is his partner? How many other partners? Who's the Vice-President? Treasurer? Owner? Shareholders? Where does their money come from? Is it pot money? And how much were they making or planning to make as payback on their investment?
Who is Paradise Palms LLC? Who is Haven Kozak? Is this just a shell game, hiding behind a series of LLC's?
Assessor Parcel Information a 38 page pdf document
Looking for answers...
If Steve Schectman is indeed the "President" of Vilica LLC, who else is involved? Josh Hedlund is his partner? How many other partners? Who's the Vice-President? Treasurer? Owner? Shareholders? Where does their money come from? Is it pot money? And how much were they making or planning to make as payback on their investment?
Who is Paradise Palms LLC? Who is Haven Kozak? Is this just a shell game, hiding behind a series of LLC's?
Assessor Parcel Information a 38 page pdf document
Looking for answers...
Supes will not extend moratorium
People crowd the hallway of the county Courthouse on Tuesday waiting to air their views on whether the supervisors should extend the moratorium on construction on timber production zone land. Daniel Solomon/The Eureka Reporter
ER Supes will not extend moratorium
Tuesday afternoon saw several hours of public testimony for and against Humboldt County Supervisors extending an interim ordinance suspending building permits on timber production zone land.
After the approximately 80 speakers had finished, Pacific Lumber Co. President and Chief Executive Officer George O’Brien took the podium at Supervisor Jill Geist’s invitation.
Geist had, along with Supervisor Bonnie Neely, introduced the interim ordinance Oct. 9 that was passed with Roger Rodoni dissenting.
On Tuesday after 7 p.m., the supervisors voted 4-1 (Roger Rodoni dissenting again) to lift the moratorium. Rodoni said he disagreed with the additional motion elements.
Supervisor Jimmy Smith had said he’d like a task force, a consideration for “hardships,” a letter sent to the Texas bankruptcy court and to get better informed about the Habitat Conservation Plan as it pertains to timberlands, including PALCO’s.
Geist registered her concern over a task force, as did other supervisors, and with Smith’s OK she made a new motion that reflected Smith’s, but did so without the task force.
While O’Brien had been in front of the room, Geist’s first question to him was if PALCO was still intending to go forward with the “Redwood Ranch Development” project, which, she said, had brought them to where they were with this moratorium.
As part of its bankruptcy reorganization plan, PALCO has included a high-end residential development — the sale of 21,800 acres of second-growth, commercial timberland for 136 residential parcels to be known as “Redwood Ranch.”
“It’s not a project that has ever been proposed to you,” he said.
He told the supervisors PALCO is currently in mediation with its creditors. He said Redwood Ranch could not become an official development for years.
He did say the development was being viewed as a whole project, not just single homes.
“We’ll be complying with whatever the regulations are at that point in time,” he said.
O’Brien categorized the “concept” as a “working forest” and “eco-friendly.”
As previously reported in The Eureka Reporter, there has been much debate about whether houses are compatible with timber management on said TPZ parcels.
Humboldt County Community Development Services Director Kirk Girard said the “single question” going before the Forestry Review Committee when it takes up the TPZ ordinance today at its 7 p.m. meeting is “when is a house necessary to timber management?”
“We’ve heard the community,” Geist told O’Brien. “There is not one of us that disagrees on the importance of those timberlands for their resource value.”
“It is the lifeblood of our company,” O’Brien countered.
Some speakers had said they felt the supervisors were “punishing” small landowners to send a message to PALCO. Some said it felt like the county was set to “take” their land.
“The community at large does not trust PALCO,” Geist said. “The community at large does not trust the Board of Supervisors.”
She inquired how these two parties can begin to work together.
“I think one of the ways is dialogue and transparency,” O’Brien said.
***
TS Timber zone building ban will run out
Ignoring all the individual people who got up to speak about how they were being impacted by this decision, the insensitivity award goes to Diane Beck with the North Coast Chapter of the Sierra Club said opponents of the moratorium had engaged in misinformation and bullying, and were using hyperbole when claiming that they wanted to protect the rural way of life.
”Oh, please,” Beck said. “Since when have mini-kingdoms on TPZ lands been part of our rural culture?”
Uh, Diane, long before subdivisions became the norm.
A number of speakers said they'd been caught up with Palco in an ordinance that threatened their property rights.
Rancher Sally French said the environmental community had overstepped its bounds, and so had the supervisors in proposing the moratorium.
”Is this fair?” French asked. “No, of course not, but it seems that all is fair in love -- and war with PL.”
Tuesday, November 06, 2007
Day 574 And FINALLY, As expected....
URGENT ALERT! This case was TOSSED by the Judge - never made it to trial.
☛ ER http://eurekareporter.com/article/080826-judge-throws-out-douglas-zanotti-case
Feeney said the indictments the grand jury handed down to Douglas and Zanotti in December 2007 weren’t supported by probable cause. Insufficient evidence regarding the former leaders’ alleged failure to oversee other law enforcement was also presented to the grand jury, Feeney said, and instructions given on “exigent circumstances” were inadequate.
The grand jury should have also been instructed on justifiable homicide by law enforcement officials, Feeney said.
***
Original post: Unable to make a decision himself, Gallegos has finally done it:
Grand Jury convenes in Moore case
EUREKA -- The Humboldt County District Attorney's Office convened a criminal grand jury Monday to decide whether to bring charges in the death of Cheri Lyn Moore, who was shot by Eureka police after a 2006 standoff.
District Attorney Paul Gallegos has said he was considering such a move for months but because grand jury proceedings are held in secret by law, he did not commit to making such a move. Gallegos said Monday that the judge ruled the court would remain closed, and he consequently couldn't comment any further on the day's proceedings...
No reason to have these as secret deliberations.
☛ ER http://eurekareporter.com/article/080826-judge-throws-out-douglas-zanotti-case
Feeney said the indictments the grand jury handed down to Douglas and Zanotti in December 2007 weren’t supported by probable cause. Insufficient evidence regarding the former leaders’ alleged failure to oversee other law enforcement was also presented to the grand jury, Feeney said, and instructions given on “exigent circumstances” were inadequate.
The grand jury should have also been instructed on justifiable homicide by law enforcement officials, Feeney said.
***
Original post: Unable to make a decision himself, Gallegos has finally done it:
Grand Jury convenes in Moore case
EUREKA -- The Humboldt County District Attorney's Office convened a criminal grand jury Monday to decide whether to bring charges in the death of Cheri Lyn Moore, who was shot by Eureka police after a 2006 standoff.
District Attorney Paul Gallegos has said he was considering such a move for months but because grand jury proceedings are held in secret by law, he did not commit to making such a move. Gallegos said Monday that the judge ruled the court would remain closed, and he consequently couldn't comment any further on the day's proceedings...
No reason to have these as secret deliberations.
Monday, November 05, 2007
Rules are for little people
That darling of the Gallegos forces, Recall-shill Steve Schectman is about to hit the news again. Just think, he coulda been your DA. It's another case of the Gallegos side figuring they can do anything they want, while they seek to shut everyone else down...
Check out this weeks BOS Agenda Item J-1, on an abatement hearing for Vilica LLC - Steven Schectman, President.
J. ADMINISTRATIVE ABATEMENT HEARINGS
Code Enforcement Unit
1. Administrative Abatement Hearing Vilica LLC; A.P. # 522-012-002, 522-013-004 and 522-013-010
RECOMMENDATION: That the Board of Supervisors, pursuant to Humboldt County Code sections 351-21 and 351-22 hold an administrative hearing to determine whether a public nuisance exists on the subject property; adopt findings and issue an Order consistent with the evidence presented at the hearing.
159 page pdf file... with pics
Anybody know what Vilica LLC is?
IS HE STILL WORKING FOR THE DA'S OFFICE? 'CAUSE, OH, MAN!!!!
Looks like he has an illegal building, an illegal greenhouse and illegal roads for his property held under the name Vilica LLC. Vilica LLC returns to him with the secretary of state. On his applications to correct, the road will end at the "garden site."
No wonder he can afford to work "pro bono" - No wonder he so desperately wanted to keep Gallegos in office
Looks like there's some kind of partner or something, or Schectman is looking at transferring this to Haven Kozak, Haven Kozak - Paradise Palms Nursery LLC. - Looks like he got the funds for his "business" "Paradise LLC from a local community development lender...
and on 11/16/05 it looks like Haven Kozak had a matter pending in federal court: 11:00 AM (r)CR-04-0285 UNITED STATES v. JOHN KUHRY (NC), HAVEN KOZAK(NC), KENNETH SHEPP(NC)
reserved for Motions/Trial Setting
John Kuhry's Motion to Suppress
Kenneth Shepp's Motion to Suppress -
charged federally with possession with intent to distribute.
developing....
Fascinating testimony in front of the board today - from what I gather - Schectman claims to have sold the land to Paradise Palms LLC, but he's undertaken cleanup...it's TPZ land near Hoopa plateaus cleared, no blade of grass, several sites with 4, 5, 6 approx. 40 x 100 foot greenhouses, "cabins" built, water diverted from a nearby creek, runoff into the creek, roads cut into the hillsides - amazing really - whaddya want to bet that this is ok with the same segment of thye community that is against people building a family home.
developing...
Irony
Land stewardship course offered
The Humboldt County UC Cooperative Extension encourages current or prospective landowners who would like to better understand rural property, develop goals and objectives for possible resource improvement, and produce a management plan to achieve those goals in an ecologically and economically sustainable manner to register now for a workshop and field trip that will take place Friday and Saturday.
The workshop will address topics such as evaluating a property’s potential, establishing economic and ecological goals, formulating a business plan, and additional agricultural or timber-related economic opportunities for a property.
The Humboldt County UC Cooperative Extension encourages current or prospective landowners who would like to better understand rural property, develop goals and objectives for possible resource improvement, and produce a management plan to achieve those goals in an ecologically and economically sustainable manner to register now for a workshop and field trip that will take place Friday and Saturday.
The workshop will address topics such as evaluating a property’s potential, establishing economic and ecological goals, formulating a business plan, and additional agricultural or timber-related economic opportunities for a property.
Saturday, November 03, 2007
TPZ protest draws crowd
ER TPZ protest draws crowd
TS Large turnout for TPZ protest
County Supervisor Roger Rodoni spoke to the crowd and was welcomed with a round of applause.
”I always knew you were out there,” Rodoni said. “There are people in here (the courthouse) who don't know you're out there.”
Update: The magnanimous and all-knowing heraldo/Mark Lovelace has posted a counter flyer, spelling out his version of the facts in this case. Don't be fooled. For Lovelace this is all about Palco - that is the only reason Humboldt Watershed Council exists.
Related stories and Updates:
ER Supes to block PALCO plan? 10/7/2007
ER Supervisors pass TPZ ordinance 10/10/2007
ER PALCO bankruptcy-related timberland ordinance returns to board agenda 10/21/2007
ER Board of Supervisors should stand up for private-property rights 10/22/2007
ER Board shows its myopic view of private property 10/23/2007
ER Supes defer TPZ ordinances to Planning Commission 10/24/2007
ER Bankruptcy judge orders mediation 10/24/2007
TS Proposed TPZ revisions sent to Planning Commission 10/24/2007
ER TPZ landowners, residents form Humboldt Property Alliance 10/25/2007
A new group called Humboldt Property Alliance announced a protest/petition signing on Nov. 3 at noon in front of the county Courthouse.
Organizers said in a news release that members of the alliance — which was formed this week — have banded together because of the Humboldt County Board of Supervisors’ “emergency” ordinance suspending new construction on timber production zone land.
The alliance is concerned about the “emergency” ordinance and addresses that on its Web site at www.humpropalliance.org:
ER Board will hold TPZ public hearing Nov. 6
ER 'Drastic' action by supes strips property owners of rights
TS Misinformation from county staff on TPZ land 10/27/2007
ER Supes can show they value landowners by canceling ordinance 10/28/2007
ER Supervisors misinformed about timber production zone lands 10/31/2007
ER Timberland issue should be decided via general plan process 11/1/2007
ER TPZ ordinance opposition grows 11/3/2007
ER TPZ protest draws crowd 11/4/2007
ER Supes to mull extending TPZ rule 11/4/2007
ER Rights vs. tidy planning in TPZ lands 11/5/2007
ER Official says supes' TPZ motion, staff action don't conflict 11/5/2007
“That’s not contradictory,” Girard said on Monday. “The Forestry Review Committee is a group of foresters that comment on technical matters, (such as) the planting and harvesting of trees.”
He said what the FRC will review is “a single question — when is a house necessary to timber management?”
ER New group spawned by timberlands issue sponsors phone poll 11/5/2007
Supes will not extend moratorium 11/6/2007
“The community at large does not trust PALCO,” Geist said. “The community at large does not trust the Board of Supervisors.”
TS TPZ brings up tough questions that demand answers 11/09/2007
ER Results pending in TPZ phone survey; policy still in review 11/11/2007
ER Forestry Review Committee to continue TPZ discussion 11/12/2007
Ambulance Chasing yougofree.com style
Absolutely HILARIOUS! Kevin's Humboldt Review recently featured former Humboldt County prosecutor Jeff Schwartz, who discussed his new "Humboldt Center for Constitutional Rights."
His "Mission Statement" is Too often, people and organizations in Humboldt County have their basic state and federal constitutional rights violated. The Humboldt Center for Constitutional Rights was established to provide those people and organizations who have suffered constitutional violations such as assaults on the right to assemble and petition the government, race discrimination and police abuse, pro bono legal representation and support necessary to right the constitutional wrong.
Think about his dismal record in the DA's Office, his handling of the Whitethorn rapists case, wonder how she'd feel about this.
He says The Center is a grass roots organization funded by individuals and organizations that care about human rights.
Here's where he explains the modern day AMBULANCE CHASING" He calls it an EVENT MONITORING PROGRAM... Part of any 21st Century civil rights organization must be the use of 21st Century technology. We intend to monitor events in and around Humboldt County when we anticipate constitutional violations. We need volunteers who can assist us in setting up appropriate monitoring devices at hot spot events. We feel strongly that the monitoring of a public event with audio and visual recording devices will in and of itself prevent the abuse of constitutional rights by law enforcement, or at least cause hesitation and circumspection before law enforcement acts. Companies that insure law enforcement offers are known to visually record most planned events. But seldom, if ever, do those videos become available to the wronged person. We need our own.
The Center for Constitutional Rights is open for business. The inspiration behind the Center started when our Director, Arcata Attorney Jeffrey Schwartz, who was new to Humboldt County at the time, saw firsthand at the Humboldt County Courthouse the dismal lack of organization and legal representation of anti-war protesters and immigration reform protesters arrested by local law enforcement agencies. These protesters, exercising their rights to assemble and voice their opinions about the Iraq War and Immigration Reform, were arrested and charged with crimes commonly associated with protesting -- resisting arrest, battery on a police officer and other lesser offenses and infractions. The arrests and prosecutions of these protesters cause a chilling affect on others who would even think of protesting in the future.
What was most troubling to Jeff was the lack of legal support and pro bono representation by local lawyers who believe in the same cause as the arrested protesters but did not get involved. In larger communities in California and around the country lawyers and support personnel are matched to the protester before and throughout all legal proceedings.
The lack of organization in Humboldt County, not the lack of care and concern of many lawyers in the community, was the reason some devoted local lawyers did not get involved, which Jeff found deeply disappointing.
The Center therefore will organize, encourage, prod and beg the good legal community to be there for all of us who simply exercise our constitutional rights or live our lives under the protection of the Constitutions of California and the United States.
The Center expects to be the focal point, the clearinghouse, the lightning rod or whatever it takes to make sure those whose rights are violated have a voice to speak for them and with them in order to right the wrong.
Remember - this is the man who was assigned to head up the Child Abuse Services Team (CAST) - who never filed a single case.
Funny. I didn't see him at the TPZ rally today at the Courthouse. I guess they're not the kind of people whose rights he cares about. Maybe he was in disguise.
His "Mission Statement" is Too often, people and organizations in Humboldt County have their basic state and federal constitutional rights violated. The Humboldt Center for Constitutional Rights was established to provide those people and organizations who have suffered constitutional violations such as assaults on the right to assemble and petition the government, race discrimination and police abuse, pro bono legal representation and support necessary to right the constitutional wrong.
Think about his dismal record in the DA's Office, his handling of the Whitethorn rapists case, wonder how she'd feel about this.
He says The Center is a grass roots organization funded by individuals and organizations that care about human rights.
Here's where he explains the modern day AMBULANCE CHASING" He calls it an EVENT MONITORING PROGRAM... Part of any 21st Century civil rights organization must be the use of 21st Century technology. We intend to monitor events in and around Humboldt County when we anticipate constitutional violations. We need volunteers who can assist us in setting up appropriate monitoring devices at hot spot events. We feel strongly that the monitoring of a public event with audio and visual recording devices will in and of itself prevent the abuse of constitutional rights by law enforcement, or at least cause hesitation and circumspection before law enforcement acts. Companies that insure law enforcement offers are known to visually record most planned events. But seldom, if ever, do those videos become available to the wronged person. We need our own.
The Center for Constitutional Rights is open for business. The inspiration behind the Center started when our Director, Arcata Attorney Jeffrey Schwartz, who was new to Humboldt County at the time, saw firsthand at the Humboldt County Courthouse the dismal lack of organization and legal representation of anti-war protesters and immigration reform protesters arrested by local law enforcement agencies. These protesters, exercising their rights to assemble and voice their opinions about the Iraq War and Immigration Reform, were arrested and charged with crimes commonly associated with protesting -- resisting arrest, battery on a police officer and other lesser offenses and infractions. The arrests and prosecutions of these protesters cause a chilling affect on others who would even think of protesting in the future.
What was most troubling to Jeff was the lack of legal support and pro bono representation by local lawyers who believe in the same cause as the arrested protesters but did not get involved. In larger communities in California and around the country lawyers and support personnel are matched to the protester before and throughout all legal proceedings.
The lack of organization in Humboldt County, not the lack of care and concern of many lawyers in the community, was the reason some devoted local lawyers did not get involved, which Jeff found deeply disappointing.
The Center therefore will organize, encourage, prod and beg the good legal community to be there for all of us who simply exercise our constitutional rights or live our lives under the protection of the Constitutions of California and the United States.
The Center expects to be the focal point, the clearinghouse, the lightning rod or whatever it takes to make sure those whose rights are violated have a voice to speak for them and with them in order to right the wrong.
Remember - this is the man who was assigned to head up the Child Abuse Services Team (CAST) - who never filed a single case.
Funny. I didn't see him at the TPZ rally today at the Courthouse. I guess they're not the kind of people whose rights he cares about. Maybe he was in disguise.
Upcoming meetings
Timber ordinance extension on tap
Humboldt County supervisors will consider on Tuesday extending a controversial moratorium on issuing permits to build on land zoned for timber production.
The staff report reads that since the board isn't meeting on Nov. 13 or Nov. 20, it has to consider the extension before the ordinance runs out on Nov. 24. The report recommends an extension for 90 more days, while the planning commission works to hammer out permanent rules for building in the timber production zone, or TPZ.
If it's not extended, county staff maintains, issuing building permits received during the gap between the new ordinance and the initial temporary ordinance could have substantial unintended consequences....
...Staff has scheduled a Forest Review Committee hearing to discuss a slate of changes to the existing county policy on building in TPZ. That meeting, on Wednesday, will go over proposed changes to make it necessary to show that any home built in TPZ must be necessary for managing the forest; must have water storage sufficient to carry the residence through dry periods and prevent drawing down streams; and is compatible with adjacent landowners' habitat conservation plans, among others.
Those recommendations would be passed to the planning commission for a Nov. 15 meeting. The Board of Supervisors would hear the commission's recommendations on Dec. 11.
In the meantime, said the Humboldt Watershed Council's Mark Lovelace, there is a concern that people may take advantage of the gap to file permit applications that wouldn't meet the standards set by future ordinances.
”There's a concern that people will file anything to have their foot in the door,” Lovelace said.
That last statement is really astounding. Are we really going to govern that way? ...there is a concern that people may take advantage of the gap to file permit applications that wouldn't meet the standards set by future ordinances.
Man. That's amazing. I'm stunned.
IF YOU GO:
What: TPZ proposed emergency ordinance extension
Where: Humboldt County Courthouse
When: Tuesday, 1:30 p.m.
Humboldt County supervisors will consider on Tuesday extending a controversial moratorium on issuing permits to build on land zoned for timber production.
The staff report reads that since the board isn't meeting on Nov. 13 or Nov. 20, it has to consider the extension before the ordinance runs out on Nov. 24. The report recommends an extension for 90 more days, while the planning commission works to hammer out permanent rules for building in the timber production zone, or TPZ.
If it's not extended, county staff maintains, issuing building permits received during the gap between the new ordinance and the initial temporary ordinance could have substantial unintended consequences....
...Staff has scheduled a Forest Review Committee hearing to discuss a slate of changes to the existing county policy on building in TPZ. That meeting, on Wednesday, will go over proposed changes to make it necessary to show that any home built in TPZ must be necessary for managing the forest; must have water storage sufficient to carry the residence through dry periods and prevent drawing down streams; and is compatible with adjacent landowners' habitat conservation plans, among others.
Those recommendations would be passed to the planning commission for a Nov. 15 meeting. The Board of Supervisors would hear the commission's recommendations on Dec. 11.
In the meantime, said the Humboldt Watershed Council's Mark Lovelace, there is a concern that people may take advantage of the gap to file permit applications that wouldn't meet the standards set by future ordinances.
”There's a concern that people will file anything to have their foot in the door,” Lovelace said.
That last statement is really astounding. Are we really going to govern that way? ...there is a concern that people may take advantage of the gap to file permit applications that wouldn't meet the standards set by future ordinances.
Man. That's amazing. I'm stunned.
IF YOU GO:
What: TPZ proposed emergency ordinance extension
Where: Humboldt County Courthouse
When: Tuesday, 1:30 p.m.
Friday, November 02, 2007
Stay tuned, boys and girls
You're going to get a chance to see just how much respect "heraldo" and the rest of the DUHC-type protest community have for real grassroots efforts. You're going to learn just how much respect they have for kids who take the intiative to speak out. And you're going to learn just how much respect they have for you who own property.
For a classic civics lesson, head on over to "heraldo's" blog where you'll see him slime the kids, evoke the Palco bugaboo (because oh my god, no one could get together en masse without funding from palco, it msut be about palco, palco, palco - oh, and arkley, arkley, arkley......)
It's all about this ad. (Text here) It's all about the property owners, who "heraldo" views as collateral damage - it's about making sure that no one gets a chance to buy property outside of a city subdivision, that no one gets to live off the grid, in the country on more than 1/10th of an acre, because that would be "s-p-r-a-w-l-l-l-l-l-l" Never mind that you chose to live here because you don't want to live in a city, "heraldo" has plans for you. How dare the people who actually own property stand up for themselves?
Oh, yes, this is going to be interesting, alright.
pdf file from County site/ Board Agenda item
For a classic civics lesson, head on over to "heraldo's" blog where you'll see him slime the kids, evoke the Palco bugaboo (because oh my god, no one could get together en masse without funding from palco, it msut be about palco, palco, palco - oh, and arkley, arkley, arkley......)
It's all about this ad. (Text here) It's all about the property owners, who "heraldo" views as collateral damage - it's about making sure that no one gets a chance to buy property outside of a city subdivision, that no one gets to live off the grid, in the country on more than 1/10th of an acre, because that would be "s-p-r-a-w-l-l-l-l-l-l" Never mind that you chose to live here because you don't want to live in a city, "heraldo" has plans for you. How dare the people who actually own property stand up for themselves?
Oh, yes, this is going to be interesting, alright.
pdf file from County site/ Board Agenda item
Thursday, November 01, 2007
Gallegos' Schizophrenic DA's Office w/update
Attempted murder charge dropped
The Humboldt County District Attorney’s Office announced Thursday it would not pursue some of the charges against a man who had been accused of shooting at a Humboldt County sheriff’s deputy.
The announcement came at a preliminary hearing for Jason Ryan Omholt, 29, of Eureka, who was arraigned in January on charges of attempted murder, assault with a deadly weapon on a peace officer, being a felon in possession of a firearm, and possession and transportation of methamphetamine...
...Omholt and Cooke, with a third man identified as Waymond Hiat Kelly, are suspected of a string of armed robberies in Eureka and surrounding areas during a four-month period in 2006.
Cooke was shot and killed Jan. 4 in a vacant Albee Street residence during an exchange of gunfire with law enforcement officers.
That same day, Kelly was arrested after a high-speed chase in Mendocino County.
Omholt was arrested the previous day at a Spring Street residence following a standoff with police.
As Klein told the court Thursday he would not move forward with three of the charges against the defendant, Omholt smiled, bobbed his head repeatedly and even stuck out his tongue at Braud, who was seated in the audience.
But the dismissal of charges Thursday did not in any way spell the end of Omholt’s legal troubles.
By one estimate, more than 80 charges are still pending against him, many of which stem from his suspected involvement in the string of seven armed robberies of local gas stations and markets in 2006.
And in the case under consideration Thursday, Omholt will still be held to answer for the methamphetamine charges...
We'll see. Will this play out like the Whitethorn Rapists? Another case of criminals get a pass while regular citizens get prosecuted?
***
2009 UPDATE:
Repeat Offenders, armed and dangerous
☛ TS Shotgun brandished in home invasion robbery
photo source
☛ Rio Dell Times Home Invasion
The Humboldt County District Attorney’s Office announced Thursday it would not pursue some of the charges against a man who had been accused of shooting at a Humboldt County sheriff’s deputy.
The announcement came at a preliminary hearing for Jason Ryan Omholt, 29, of Eureka, who was arraigned in January on charges of attempted murder, assault with a deadly weapon on a peace officer, being a felon in possession of a firearm, and possession and transportation of methamphetamine...
...Omholt and Cooke, with a third man identified as Waymond Hiat Kelly, are suspected of a string of armed robberies in Eureka and surrounding areas during a four-month period in 2006.
Cooke was shot and killed Jan. 4 in a vacant Albee Street residence during an exchange of gunfire with law enforcement officers.
That same day, Kelly was arrested after a high-speed chase in Mendocino County.
Omholt was arrested the previous day at a Spring Street residence following a standoff with police.
As Klein told the court Thursday he would not move forward with three of the charges against the defendant, Omholt smiled, bobbed his head repeatedly and even stuck out his tongue at Braud, who was seated in the audience.
But the dismissal of charges Thursday did not in any way spell the end of Omholt’s legal troubles.
By one estimate, more than 80 charges are still pending against him, many of which stem from his suspected involvement in the string of seven armed robberies of local gas stations and markets in 2006.
And in the case under consideration Thursday, Omholt will still be held to answer for the methamphetamine charges...
We'll see. Will this play out like the Whitethorn Rapists? Another case of criminals get a pass while regular citizens get prosecuted?
***
2009 UPDATE:
Repeat Offenders, armed and dangerous
☛ TS Shotgun brandished in home invasion robbery
photo source☛ Rio Dell Times Home Invasion
Pity? Glimmer of an explanation...
Perhaps someone looked at Gallegos' brief and realized how absolutely pathetic it was, and took pity on him, so submitted this amicus brief to try to bail him out,
S.F. comes to county's defence
The San Francisco city attorney added a chapter to District Attorney Paul Gallegos’ alleged fraud case against Pacific Lumber Co. Tuesday, when he filed an amicus curiae brief with the appellate court.
Gallegos said that an amicus brief is usually filed by a third party interested in the outcome of a legal case as a “friend of the court.” The purpose of such briefs is to comment on issues not raised in the appellant’s opening brief, or lend additional weight to those arguments.
He said the filing of such briefs is common practice, mentioning the fact that his office wrote a similar brief for a case in Los Angeles, which may limit the ability to enforce regulations on long-term care facilities.
Gallegos confirmed that he sent confidential e-mails to district attorney’s offices throughout the state soliciting comment on the PALCO case.
The amicus brief, submitted by San Francisco City Attorney Daniel Herrera, focused on the trial judge’s use of Noerr-Pennington doctrine to justify PALCO’s alleged fraud as free speech.
Noerr-Pennington doctrine is a legal expansion of the First Amendment right to petition the government. The amicus brief states that while Noerr-Pennington may apply, what is relevant is the sham exception to the doctrine.
The sham exception, which alleges that fraudulent speech cannot be used while petitioning the government, has been upheld in federal court, according to the brief.
Danny Chou, San Francisco’s chief of appellate litigation, prepared the amicus brief.
“We were concerned with the trial court’s finding,” Chou said. “Because petitioning, like the right to free speech, is not absolute.”
“Specifically concerning fraudulent statements to administrative agencies that affect their decisions,” he said, “our concern is less related to particular facts and more concerned with the general legal concept.”
The trial court ruled in favor of PALCO in June 2005. Gallegos later filed his appeal, which alleged that PALCO committed fraud by submitting faulty documents and lying to state and federal agencies during the Headwaters negotiations in 1999.
Gallegos said his briefs have been filed with the appellate court and he is waiting for the announcement of a date to begin oral arguments.
The district attorney reiterated his position that Noerr-Pennington does not apply in this case, but recognized how the amicus brief is helpful in addressing that aspect.
“When you deprive an administrative agency of their ability to do their job (by allowing fraudulent speech), you render that process a sham,” Gallegos said. “If the trial court’s ruling is correct, then it really limits law enforcement, district attorneys and the Attorney General’s Office from enforcing honesty and candor in administrative procedure.”
Edgar Washburn, attorney for PALCO, had little to say when reached Wednesday. He said his office will respond to the brief within the required 20 days, but that he hasn’t had time to review it.
by Steve Spain, The Eureka Reporter, 11/1/2007
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
S.F. comes to county's defence
The San Francisco city attorney added a chapter to District Attorney Paul Gallegos’ alleged fraud case against Pacific Lumber Co. Tuesday, when he filed an amicus curiae brief with the appellate court.
Gallegos said that an amicus brief is usually filed by a third party interested in the outcome of a legal case as a “friend of the court.” The purpose of such briefs is to comment on issues not raised in the appellant’s opening brief, or lend additional weight to those arguments.
He said the filing of such briefs is common practice, mentioning the fact that his office wrote a similar brief for a case in Los Angeles, which may limit the ability to enforce regulations on long-term care facilities.
Gallegos confirmed that he sent confidential e-mails to district attorney’s offices throughout the state soliciting comment on the PALCO case.
The amicus brief, submitted by San Francisco City Attorney Daniel Herrera, focused on the trial judge’s use of Noerr-Pennington doctrine to justify PALCO’s alleged fraud as free speech.
Noerr-Pennington doctrine is a legal expansion of the First Amendment right to petition the government. The amicus brief states that while Noerr-Pennington may apply, what is relevant is the sham exception to the doctrine.
The sham exception, which alleges that fraudulent speech cannot be used while petitioning the government, has been upheld in federal court, according to the brief.
Danny Chou, San Francisco’s chief of appellate litigation, prepared the amicus brief.
“We were concerned with the trial court’s finding,” Chou said. “Because petitioning, like the right to free speech, is not absolute.”
“Specifically concerning fraudulent statements to administrative agencies that affect their decisions,” he said, “our concern is less related to particular facts and more concerned with the general legal concept.”
The trial court ruled in favor of PALCO in June 2005. Gallegos later filed his appeal, which alleged that PALCO committed fraud by submitting faulty documents and lying to state and federal agencies during the Headwaters negotiations in 1999.
Gallegos said his briefs have been filed with the appellate court and he is waiting for the announcement of a date to begin oral arguments.
The district attorney reiterated his position that Noerr-Pennington does not apply in this case, but recognized how the amicus brief is helpful in addressing that aspect.
“When you deprive an administrative agency of their ability to do their job (by allowing fraudulent speech), you render that process a sham,” Gallegos said. “If the trial court’s ruling is correct, then it really limits law enforcement, district attorneys and the Attorney General’s Office from enforcing honesty and candor in administrative procedure.”
Edgar Washburn, attorney for PALCO, had little to say when reached Wednesday. He said his office will respond to the brief within the required 20 days, but that he hasn’t had time to review it.
by Steve Spain, The Eureka Reporter, 11/1/2007
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
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