◼ Humboldt County gumshoe Wayne Cox nabs state 'Investigator of the Year' award
...when the association contacted Humboldt County District Attorney Paul Gallegos and his chief investigator, Mike Hislop, to tell them it was taking nominations for the award, both immediately thought of Cox.
”I knew (the association) was doing it for the first time, and I figured it's always best to start with your best foot forward,” Gallegos said. “Frankly, Wayne strives to excel at everything he does. He doesn't do anything halfway; I admire that about him.”
Hislop said Cox's tenacity and commitment are what make him flourish as an investigator. It doesn't matter whether Cox's assigned to investigating a misdemeanor vandalism case, the Student Attendance Review Board or a 20-year-old homicide, Hislop said he's going to approach it the same way.
”It's just his commitment to this job and our investigative bureau that led him to get this award,” he said....
In December 2008 -- some seven months after officially taking over the (Curtis Huntzinger) case in the wake of the disbanding of the Blue Lake Police Department -- Cox and the district attorney's office sent shock waves through the local community by solving the almost 20-year-old case. In doing so, Cox drew a confession out of Curtis' killer, Stephen Hash, brought him to justice and recovered Curtis' remains from beneath a fledgling redwood forest.
”It's quite an accomplishment to bring closure to a family,” said Cox, thinking back on the investigation. He quickly added that it was simply a “fresh set of eyes looking at an old problem.”
Cox was also quick to add that he's hoping to bring that same closure to more families. He said he's working a couple of other cold cases in his spare time, but declined to elaborate other than to say he wished the office had the budget to hire a full-time cold case investigator.
”There are 50-something unsolved homicides in Humboldt County right now,” he said. “I think that, with a concentrated effort between all law enforcement agencies in Humboldt County, I think a good portion of those could be solved.”
However, there currently is no cold-case position, Cox said, and there's a seemingly endless flow of current cases that require the attention of Cox and every other investigator in the office.
So, for the time being, Cox said he will continue to spend his lunch hours with old case files in hand. And, most likely, he will take them home at the end of the day.
***
NEWS RELEASE
FOR IMMEDIATE RELEASE
May 19, 2010
CONTACT: District Attorney, Paul V. Gallegos
PHONE: (707)268-2568
The California District Attorney's Association Board of Directors Announces Investigator of the Year Award
Investigator Wayne Cox has been selected as the first ever California District Attorney’s Association’s “Outstanding District Attorney Investigator of the Year.” He was chosen in large part for his outstanding work in the case concerning Curtis Huntzinger, but also for his dedication to teamwork and willingness to pursue a case long after it has been abandoned by other law enforcement agencies.
The Association has been in existence for over 90 years and presently is composed of 2,500 prosecutors from throughout the state. CDAA’s mission is to serve the needs and promote the interests of California’s prosecutors. Honoring Investigator Wayne Cox is a way to highlight the important part that investigators play in the prosecutorial team; one which makes a District Attorney’s office more effective in promoting public safety. CDAA provides a forum for the exchange of information and innovation in the criminal justice field.
The award will be bestowed on Investigator Cox July 1st, 2010, at the CDAA Summer Conference and Awards Banquet held at the Monterrey Marriot Hotel.
Last year, The National Center for Missing & Exploited Children (NCMEC), the Fraternal Order of Police and the U.S. Department of Justice’s Office of Juvenile Justice and Delinquency Prevention honored Wayne Cox to receive special recognition with its 2009 Award for his work on the Huntzinger case.
The Humboldt DAs office will be honoring Wayne Cox today, Tuesday, May 11 at 3:00 PM, at a press conference and celebration.
If you have any further questions, please do not hesitate to call the above.
Monday, May 10, 2010
Friday, May 07, 2010
Thursday, May 06, 2010
The flurry intensifies II
NEWS RELEASE
FOR IMMEDIATE RELEASE
May 6, 2010
CONTACT: District Attorney, Paul V. Gallegos
PHONE: (707)268-2568
SCHOOL ATTENDANCE REVIEW BOARD (SARB)
All Humboldt County schools utilize a School Attendance Review Board (SARB) to address problems with students who are habitually truant. The intent of SARB is to address problems early on, when attendance issues are first identified, and to work closely with the student and his/her family to find solutions to the problem.
SARB is usually successful with intervention efforts and most attendance issues are resolved after the 1st or 2nd intervention. In severe cases, when regular compliance cannot be attained through intervention efforts, the case is referred to the Humboldt County District Attorney’s Office for review. When appropriate, the HCDA’s Office files charges against the student’s parents for violations of Education Code 48293 (Failure to send a child to compulsory school). In some cases, warrants are issued – commanding that the defendant be brought before a magistrate to address the charges against them.
Within the past month, the HCDA’s Office has received several complaints about truant students and their negligent parents. After careful review, charges were brought against (5) parents - Rosalie Herrera, Krissey Hanley, Tiffany Menniweathers, Mandi Naves, and Edythe Donne. Warrants were issued for the arrest of Herrera, Hanley, and Menniweathers. It is anticipated that warrants for the others will be issued soon.
On 05-05-10, HCDA Investigators located Rosalie Herrera (age 48) at her McKinleville residence. Upon contact, she was cited and released for her outstanding warrant with a court date of 05-27-10.
FOR IMMEDIATE RELEASE
May 6, 2010
CONTACT: District Attorney, Paul V. Gallegos
PHONE: (707)268-2568
SCHOOL ATTENDANCE REVIEW BOARD (SARB)
All Humboldt County schools utilize a School Attendance Review Board (SARB) to address problems with students who are habitually truant. The intent of SARB is to address problems early on, when attendance issues are first identified, and to work closely with the student and his/her family to find solutions to the problem.
SARB is usually successful with intervention efforts and most attendance issues are resolved after the 1st or 2nd intervention. In severe cases, when regular compliance cannot be attained through intervention efforts, the case is referred to the Humboldt County District Attorney’s Office for review. When appropriate, the HCDA’s Office files charges against the student’s parents for violations of Education Code 48293 (Failure to send a child to compulsory school). In some cases, warrants are issued – commanding that the defendant be brought before a magistrate to address the charges against them.
Within the past month, the HCDA’s Office has received several complaints about truant students and their negligent parents. After careful review, charges were brought against (5) parents - Rosalie Herrera, Krissey Hanley, Tiffany Menniweathers, Mandi Naves, and Edythe Donne. Warrants were issued for the arrest of Herrera, Hanley, and Menniweathers. It is anticipated that warrants for the others will be issued soon.
On 05-05-10, HCDA Investigators located Rosalie Herrera (age 48) at her McKinleville residence. Upon contact, she was cited and released for her outstanding warrant with a court date of 05-27-10.
Wednesday, May 05, 2010
Prelim date set for Ezra Williams
◼ Prelim date set for Ezra Williams - TS
Ezra “Easy” Williams appeared in Humboldt County Superior Court on Monday, and is scheduled to reappear Wednesday for a bail hearing.
Williams, who stands accused of robbing Bank of America and Radio Shack at gunpoint in Eureka before fleeing to Mexico, has been charged with two counts of second-degree armed robbery. He also faces charges of possessing heroin for sale and transporting heroin for sale from a prior arrest.
After his bail hearing, Williams is due to reappear in court May 13 for a preliminary hearing.
Ezra “Easy” Williams appeared in Humboldt County Superior Court on Monday, and is scheduled to reappear Wednesday for a bail hearing.
Williams, who stands accused of robbing Bank of America and Radio Shack at gunpoint in Eureka before fleeing to Mexico, has been charged with two counts of second-degree armed robbery. He also faces charges of possessing heroin for sale and transporting heroin for sale from a prior arrest.
After his bail hearing, Williams is due to reappear in court May 13 for a preliminary hearing.
Bradshaw sentencing postponed, Gallegos "weighing" decision
◼ Robin Bradshaw sentencing postponed; prosecutors still weighing charging decision
A sentencing hearing for a McKinleyville man accused of killing his wife was postponed Tuesday to allow prosecutors more time to decide how to proceed with the case.
Robin Stuart Bradshaw entered into a plea agreement last December under which he pleaded guilty to a single count of voluntary manslaughter upon a sudden quarrel or in the heat of passion and agreed to lead police to the body of his wife, Monica Bradshaw, which he had buried in an undeveloped area outside McKinleyville some 18 months earlier. He faces a 12-year prison sentence under the agreement.
But that agreement is contingent on forensic pathologist Dr. Mark Super's autopsy examination of the remains finding forensic evidence that corroborates Robin Bradshaw's version of events -- that he struck his wife over the head and shoulders two or three times with a metal bar, but only after she first assaulted him with the weapon.
Humboldt County District Attorney Paul Gallegos received Super's report last week, but has yet to decide how to proceed with the case. At Tuesday's hearing, Bradshaw's attorney, Peter Martin, said Gallegos had contacted him asking that the sentencing hearing be postponed.
”He wants more time, I believe, to review the medical report and to request supporting materials from the medical examiner,” Martin said.
...At Tuesday's hearing, Humboldt County Deputy District Attorney Arnie Klein also tried to pass along a pair of letters -- one of which was reportedly written by Monica Bradshaw's sister, Caroline Sheffield -- to Humboldt County Superior Court Judge Joyce Hinrichs, noting that both were addressed to her and marked “urgent.”
Hinrichs said she couldn't receive the letters, as ex-parte communications cannot be considered by the court and must be entered into a case either through the involved attorneys or the county probation report. Noting that Sheffield may be voicing her unhappiness with the plea agreement in the letter, Hinrichs said she would have her secretary return them, unopened, so they can be resubmitted through the proper channels.
Bradshaw is due to reappear in court May 27 for a status conference, at which point, prosecutors are expected to either proceed with the plea agreement or announce that they will pursue the original murder charge facing Bradshaw.
***
PREVIOUSLY:
◼ DA's office (Paul Gallegos) still undecided in Bradshaw case; Gallegos to talk to pathologist next week May 28, 2010
◼ Bradshaw sentencing postponed, Gallegos "weighing" decision May 5, 2010
...Humboldt County District Attorney Paul Gallegos received Super's report last week, but has yet to decide how to proceed with the case. At Tuesday's hearing, Bradshaw's attorney, Peter Martin, said Gallegos had contacted him asking that the sentencing hearing be postponed.
”He wants more time, I believe, to review the medical report and to request supporting materials from the medical examiner,” Martin said....
◼ ”It's going to be something Paul's going to have to think about.” April 27, 2010
-- Bradshaw autopsy report with Humboldt County DA; indicates blunt force trauma as cause of death
◼ Autopsy report coming in Bradshaw case; plea agreement hinges on results for McKinleyville man accused of wife's murder APRIL 24, 2010
◼ Bradshaw positively identified; full autopsy report pending more test results FEBRUARY 01, 2010
◼ Autopsy set for Sunday in Bradshaw case JANUARY 23, 2010
◼ ANOTHER PLEA DEAL - Bradshaw agreed to give location of body in plea deal JANUARY 09, 2010
Robin Stuart Bradshaw entered into a plea agreement with prosecutors last month, agreeing to disclose the location of his wife's body and plead guilty to voluntary manslaughter, court records show.
◼ Authorities believe they have found the body of missing McKinleyville woman JANUARY 08, 2010
The person further told investigators, according to the affidavit, that Robin Bradshaw confessed to first burying his wife in a shallow grave in the backyard of his home, only to later dig her body up and bury it on an undeveloped Danco subdivision off of Fieldbrook Road in McKinleyville.
◼ Hearing for McKinleyville murder case continued NOVEMBER 05, 2009
◼ Bradshaw Prelim continued to Nov. 5 SEPTEMBER 30, 2009
◼ Prelim for Robin Stuart Bradshaw JULY 07, 2009
◼ Bradshaw pleads not guilty to murdering wife June 16, 2009
◼ Robin Stuart Bradshaw, arrested JUNE 16, 2009
◼ Second search warrant issued in missing woman case - and a request to seal documents January 29, 2009
◼ Monica Bradshaw: MISSING January 27, 2009
A sentencing hearing for a McKinleyville man accused of killing his wife was postponed Tuesday to allow prosecutors more time to decide how to proceed with the case.
Robin Stuart Bradshaw entered into a plea agreement last December under which he pleaded guilty to a single count of voluntary manslaughter upon a sudden quarrel or in the heat of passion and agreed to lead police to the body of his wife, Monica Bradshaw, which he had buried in an undeveloped area outside McKinleyville some 18 months earlier. He faces a 12-year prison sentence under the agreement.
But that agreement is contingent on forensic pathologist Dr. Mark Super's autopsy examination of the remains finding forensic evidence that corroborates Robin Bradshaw's version of events -- that he struck his wife over the head and shoulders two or three times with a metal bar, but only after she first assaulted him with the weapon.
Humboldt County District Attorney Paul Gallegos received Super's report last week, but has yet to decide how to proceed with the case. At Tuesday's hearing, Bradshaw's attorney, Peter Martin, said Gallegos had contacted him asking that the sentencing hearing be postponed.
”He wants more time, I believe, to review the medical report and to request supporting materials from the medical examiner,” Martin said.
...At Tuesday's hearing, Humboldt County Deputy District Attorney Arnie Klein also tried to pass along a pair of letters -- one of which was reportedly written by Monica Bradshaw's sister, Caroline Sheffield -- to Humboldt County Superior Court Judge Joyce Hinrichs, noting that both were addressed to her and marked “urgent.”
Hinrichs said she couldn't receive the letters, as ex-parte communications cannot be considered by the court and must be entered into a case either through the involved attorneys or the county probation report. Noting that Sheffield may be voicing her unhappiness with the plea agreement in the letter, Hinrichs said she would have her secretary return them, unopened, so they can be resubmitted through the proper channels.
Bradshaw is due to reappear in court May 27 for a status conference, at which point, prosecutors are expected to either proceed with the plea agreement or announce that they will pursue the original murder charge facing Bradshaw.
***
PREVIOUSLY:
◼ DA's office (Paul Gallegos) still undecided in Bradshaw case; Gallegos to talk to pathologist next week May 28, 2010
◼ Bradshaw sentencing postponed, Gallegos "weighing" decision May 5, 2010
...Humboldt County District Attorney Paul Gallegos received Super's report last week, but has yet to decide how to proceed with the case. At Tuesday's hearing, Bradshaw's attorney, Peter Martin, said Gallegos had contacted him asking that the sentencing hearing be postponed.
”He wants more time, I believe, to review the medical report and to request supporting materials from the medical examiner,” Martin said....
◼ ”It's going to be something Paul's going to have to think about.” April 27, 2010
-- Bradshaw autopsy report with Humboldt County DA; indicates blunt force trauma as cause of death
◼ Autopsy report coming in Bradshaw case; plea agreement hinges on results for McKinleyville man accused of wife's murder APRIL 24, 2010
◼ Bradshaw positively identified; full autopsy report pending more test results FEBRUARY 01, 2010
◼ Autopsy set for Sunday in Bradshaw case JANUARY 23, 2010
◼ ANOTHER PLEA DEAL - Bradshaw agreed to give location of body in plea deal JANUARY 09, 2010
Robin Stuart Bradshaw entered into a plea agreement with prosecutors last month, agreeing to disclose the location of his wife's body and plead guilty to voluntary manslaughter, court records show.
◼ Authorities believe they have found the body of missing McKinleyville woman JANUARY 08, 2010
The person further told investigators, according to the affidavit, that Robin Bradshaw confessed to first burying his wife in a shallow grave in the backyard of his home, only to later dig her body up and bury it on an undeveloped Danco subdivision off of Fieldbrook Road in McKinleyville.
◼ Hearing for McKinleyville murder case continued NOVEMBER 05, 2009
◼ Bradshaw Prelim continued to Nov. 5 SEPTEMBER 30, 2009
◼ Prelim for Robin Stuart Bradshaw JULY 07, 2009
◼ Bradshaw pleads not guilty to murdering wife June 16, 2009
◼ Robin Stuart Bradshaw, arrested JUNE 16, 2009
◼ Second search warrant issued in missing woman case - and a request to seal documents January 29, 2009
◼ Monica Bradshaw: MISSING January 27, 2009
TS election roundup:
◼ Election Roundup: Humboldt County Sheriff's Deputy Organization endorses Jackson for DA
◼ Election Roundup: Humboldt County League of Women Voters to present pros and cons of June ballot propositions
◼ Election Roundup: Virginia Bass to host fundraiser Thursday
◼ Election Roundup: Humboldt County Supervisor Bonnie Neely to be honored at Burre Dental Clinic
◼ Election Roundup: Humboldt County sheriff candidate Mike Downey to hold tri-tip dinner fundraiser
◼ Election Roundup: Evans bags endorsements
◼ Election Roundup: Humboldt County League of Women Voters to present pros and cons of June ballot propositions
◼ Election Roundup: Virginia Bass to host fundraiser Thursday
◼ Election Roundup: Humboldt County Supervisor Bonnie Neely to be honored at Burre Dental Clinic
◼ Election Roundup: Humboldt County sheriff candidate Mike Downey to hold tri-tip dinner fundraiser
◼ Election Roundup: Evans bags endorsements
So, from the mailbox, from the Gallegos campaign:
First, the emails from George Shieman, who, it appears is working on Gallegos' campaign doing phonebanking, and who is on his endorsement list - and who also appears to be the source of comment and material on the Humboldt Herald. I imagine many of the local bloggers received it. Then the letter from Gallegos' campaign manager Natalynne Delapp....
There will be many accusations of negative campaigning made, and the implication will be that anyone who criticizes Gallegos' record is mean and indulging in negative campaigning.
For what it is worth:
From: gshieman@(redacted)
Subject: fr: George Shieman Friday April 30th note re: DA Campaign
Date: April 30, 2010 6:20:01 PM PDT
To: watchpaul.blogspot@gmail.com
This is a letter sent out by a super-experienced prosecutor who is running for
election in Mendocino County. You can see by his website...that he is not fluff
when it comes to prosecutorial experience with major cases...and major convictions.
His letter speaks for him about his thought on one of the contenders for Mr.Gallegos'
job. It is here..below....complete. Also his candidate website link.
I think that time and time again...no matter what you might think about Paul
Gallegos personally... that you will find that he is the most-complete candidate.
He is articulate, has the background that our high-technology time requires, and
puts his office in the "sunshine" literally...open to the public inspection. He promised
he would try cases in court personally.. he is there...so lawyers and citizens can see
him at work...and can have complete access to him...and the office.
I want to see my District Attorney working publicly in the courthouse. I do not want
to go back in time...to the old boy network that we had. Let's not go backward.
George Shieman Eureka/San Francisco gshieman@(redacted)
LifeTimeVoiceMail: 415-(redacted) Cell: 415-(redacted)
scroll down:
-----Original Message-----
From: gshieman@(redacted)
To: gshieman@(redacted)
Sent: Fri, Apr 30, 2010 11:29 am
Subject: David Eyster letter and campaign website
David Eyster is running for District Attorney in Mendocino
http://www.eyster4da.com/background.html
It was a surprise to read that the Sierra Club, an organization that I respect, has endorsed Paul Hagen to be Humboldt County's District Attorney. As a former prosecutor also currently seeking public office in Mendocino County, it is my belief that the elected DA of any county should be a lawyer who has demonstrated a special aptitude and fitness for prosecution work and can set forth on the campaign trail a track record of personal success in handling serious and complex criminal matters. Most elected DA's have shown exceptional trial and management skills that promote public safety, job one of any DA. I don't believe Mr. Hagen has these qualities or experience so any endorsement by any entity of Mr. Hagen comes, of course, as a surprise.
I was the senior supervisor and lead criminal trial attorney for the Mendocino County DA's Office when Mr. Hagen started as a prosecutor many years ago. As an aside, I was the prosecutor who personally prosecuted and convicted former Humboldt County District Attorney Bernie DePaoli of felony misconduct that ultimately landed him in prison. I consider myself a good judge of young legal talent and it was never a secret that I opposed Mr. Hagen's hiring. While certainly engaging at times, I found Mr. Hagen to be one of those people who only talked a good game. I still chuckle when I recall how he became terribly angry that he was not invited to a criminal procedure training session that I routinely held for our summer law clerks, volunteer interns who had only completed their first year of law school. None of the office attorneys had ever attended or even asked to attend -- this law clerk-oriented training session. No self-respecting attorney who has passed the Bar exam and is working in a DA's Office should require such a beginner's course but, unfortunately, Mr. Hagen was the exception.
So there is no confusion, I have not had any contact with Mr. Hagen since 1996 so, perhaps, he has improved his legal skill set in the intervening years. Maybe he has finally developed jury trial skills, or now has experience with developing and managing office budgets. Maybe he has served as the supervisor of a felony trial team, or personally handled notorious and violent cases like those we read about that give us chills. The District Attorney is a very important position in any county, especially these days when it comes to public safety and tight budgets. Before you cast your vote for the June 8th primary, I encourage all of my neighbors to the north to take a critical look at Mr. Hagen to make sure he still isn't a one-trick environmental pony who has no real experience with the important business of public safety.
***
***
There has been total mis-information about the nature of plea
bargains..and handling cases... Below the following letter is a
large variety of thoughts on plea bargains.. Mr. Gallegos actually
brought one up that alot of people never even thought of.
{ Once a judge accepts a plea bargain...the defendant is prohibited
by the agreement from ever filing an appeal. The time and $ savings
on that alone..for a county are gazillions. note- a def. tech could
appeal on some issue re an irregularity of the plea bargain itself.
When does that happen?}
---------------------------------------------------
Thurs.April29th.2010 UnionSquareSF 10amSFTime
Hello Natalynne.. greetings from downtown in the sunny City.
In phone calls I make...started getting constant reference to
negativity to Paul..because of so-called "case handling" or "plea
bargains." Below I listed some sources that address those issues
from other jurisdictions. Espec. the link at bottom..the Waco DA
re-election link...some of the same hits...the response of the DA
was very telling.
{deleted a paragraph here that was confidential to orig. sendee.}
From time to time I might send similar emails...not that you have
all the time in the world to study the issue..but because they might
provide quick responses..or ideas. One other issue that some have
raised...the fact that our DA tries cases personally....weird issue.
I don't think it is that unusual in smaller jurisdictions....AND in one,
Mendocino...Susan Massini..DA for approx.ten yrs until 1999 or so
{and graduate of my law school..Empire in Santa Rosa}
was actually publicly..and often criticized for not personally
prosecuting at least one major case..(the Bear Lincoln..shot&
killed deputy case...that her office lost at trial}
So really...you can't win...will be criticized one way or the
other..
{fact is: at that time the candidate who "beat' Massini..was the
person who actually criticized her for not personally prosecuting
the case. Norm Vroman}
that's it from here.. George 415-(redacted)
scroll down>>>>>>>and down>>>>
Sent: Wed, Apr 28, 2010 3:36 pm
Subject: PLEA BARGAINS AND PROSECUTORS FACING REELECTION
Plea bargaining is a significant part of the criminal justice system in the United States; the vast majority of criminal cases in the United States are settled by plea bargain rather than by a jury trial[6][7]. Plea bargains are subject to the approval of the court,
Plea bargains are so common in the Superior Courts of California that the Judicial Council of California has published an optional seven-page form (containing all mandatory advisements required by federal and state law) to help prosecutors and defense attorneys reduce such bargains into written plea agreements.[8]
Plea bargains are generally encouraged by the court system, and have become something of a necessity due to overburdened criminal court calendars and overcrowded jails.
What is your role in a plea bargain?
Oversee it, supervise, and make sure that it's within the bounds of our community, what our community expects that plea bargain to be.
If the court feels that it's not appropriate, the court can stop that and not accept it.
The whole purpose of plea bargaining is for the prosecutor to assess what this case is worth, and then offer just a little bit less than what a jury would probably come back with, in order to move that case and dispose of the case at that time.
We have between 30 and 40 cases in our court on our docket every single day, and we're an average docket. We have 15 new cases this morning. If you spent a month on every case, again, these people would not have their case come up for years down the road. That's unfair to them; it's unfair to a lot of people who want their justice done right now.
The system right now is plea bargain, with a few cases being tried. Those few cases being tried set the standard for everybody in determining what to do with the 95 percent, 96 percent of the plea bargain cases. That's exactly right. I wish it were just the opposite, but it will never be.
Even when the charges are more serious, prosecutors often can still bluff defense attorneys and their clients into pleading guilty to a lesser offense. As a result, people who might have been acquitted because of lack of evidence, but also who are in fact truly innocent, will often plead guilty to the charge. Why? In a word, fear. And the more numerous and serious the charges, studies have shown, the greater the fear. That explains why prosecutors sometimes seem to file every charge imaginable against defendants.
- The first charge shouldn't be to win every case. It should be to see that justice is done. They should be ethical,
But you want a prosecutor mainly to see that justice is done. Their sole charge is not to win those cases for the state.
That explains why prosecutors sometimes seem to file every charge imaginable against defendants."
Plea Bargaining: An Indispensable Tool in The Criminal Justice system
One of the major advantages of plea bargaining is that it helps prosecutors and the Courts in the effective administration of justice
If the defendant accepts a plea bargain but does not complete their tasks, the prosecution is allowed to revoke the plea bargain and reinstate the original charges.
Other criticisms are due to images of plea bargaining portrayed in the media. Many associate it with intense threats or coercion aimed at the defendant in order to make them plead guilty. Or, some feel that it allows people who should be punished to get off with less prison time. In most cases, depictions of plea bargaining in movies or on television are over-dramatized. Many depictions of plea bargaining are not accurate and would violate a defendant's rights if they were to happen in an actual criminal proceeding.
Statistics vary across jurisdictions, but it would not be uncommon for half of all arrests to result either in no charges or in charges that are later dismissed,
the prosecution can avoid the expense and delay of a trial by offering modest concessions to the defendant. When the evidence is less clearcut the government can avoid the risk of an acquittal by agreeing to a plea to a reduced charge.
Criminal defendants already facing "Draconian" prison terms under federal sentencing guidelines are now routinely ending up with sentences five to 10 years longer, Walker said.
"It's all part of the government's wanting to get the highest sentence," Walker said. "It's very short-sighted."
Some prosecutors would rather risk losing a case after a hard-fought trial....rather than risk the public regarding them as soft on crime.
-----------------------------------------------------------
Harvard Law Review Plea Bargaining
http://www.pbs.org/wgbh/pages/frontline/shows/plea/etc/bargain.pdf
"Bargaining calibrates sentences to proof of guilt so that the people who are clearly the most guilty of the worst crimes
will get the longest sentences."
Plea bargains arise from the influence exerted by the evidence...and the expected punishment after trial.
The vast majority of criminal cases are small ones where the defendant faces only modest amounts of jail time.
Prosecutors offices that are busy offer greater discounts than offices that are not.
Underfunded prosecutors' offices face more pressure to plea bargain than do those with adequate staffing,
funding, and support personnel.
-----------------------------------------------------------------------------
Plea bargaining with budgetary constraints
• There are 2,344 separate local prosecutor’s offices.
• About 85 percent of those local prosecutors are elected for four-year terms.
• About 40 percent of chief prosecutors have served 12 years or more.
• When incumbent chief prosecutors seek re-election, they win 95 percent of the time. In comparison, incumbent state legislators win more than 90 percent of the time when they seek re-election.
• Prosecutor elections draw fewer challengers than races for other offices. In general-election campaigns, prosecutors run unopposed 85 percent of the time. In comparison, state legislators run unopposed only 35 percent of the time.
• When incumbent prosecutors have a challenger, they win 69 percent of the time.
---------------------------------------------------
{This was part of a series...the news articles addressed issues that are raised during
DA re-elections...especially when DA faces a challeger. Some of the same issues
that are coming up in Humboldt.}
Prosecutors facing criticism at election time:
http://www.wacotrib.com/news/Data-offer-clues-on-McLennan-County-district-attorneys-performance.html
Overall, the data show that the percentage of cases pursued by McLennan County prosecutors is within average range.
Local prosecutors either refused or dismissed 50.3 percent of felony charges during 2006-08. For misdemeanor cases, there was a 39.7 dismissal/refusal rate, and for all cases combined, it was 43 percent.
By comparison, during the same three years:
* Prosecutors in Jefferson County, home to Beaumont and Port Arthur, refused or dismissed 45.7 percent of felonies, 40.4 percent of misdemeanors and 42.2 percent of all cases combined.
* Prosecutors in Wichita County, where Wichita Falls is the county seat, refused or dismissed 46.3 percent of cases with felonies and misdemeanors combined. Data were not available broken down by felony versus misdemeanor.
Nationwide, a handful of studies on particular jurisdictions have shown that nonfederal prosecutors discard roughly 25 percent to 50 percent of cases without filing formal charges. The total number of cases not pursued in those jurisdictions would be even higher once dismissals were added in.
With 23 attorneys in the office besides himself, Segrest said, that case load means that each prosecutor is juggling between 300 and 500 cases at any given time. He noted that the county spends more on fees for court-appointed defense attorneys and experts than it does on his office.
Prosecutors, on the other hand, don’t get a case until after the action has died down, Burke noted. That gives them latitude to step back and consider the complex set of factors that govern whether prosecution is just. They also have to look at whether they can prove a case beyond a reasonable doubt at trial, a tougher standard than police’s probable cause, he said.
One of the toughest parts of a prosecutor’s job, Segrest said, is having to tell a police officer who is invested in a case that it won’t proceed.
“I’ve had to tell a lot of people I really like ‘no,’ ” he said. “. . . You don’t get any thanks, don’t get any appreciation if you don’t win or you don’t prosecute. Then you’re the biggest idiot in the world.”
Segrest added, however, that he is willing to listen to officers who disagree with case decisions. For years, he has encouraged those who have a beef to call him or the prosecutor who handled the case, he said.
“Quite honestly, nobody takes me up on it,” Segrest said. “It’s easier to say it’s the old, lazy prosecutor who won’t do his job.”
The officers who tend to get the most upset are the patrol officers, the chief said. Unlike detectives, they are not usually privy to what happens with a case after the initial call. So where a detective might be aware of a problem that necessitates a case being tossed, it comes as a surprise to the patrol officer.
“They’re just kind of more out of the loop,” Stroman said.
--------------------------------------------------------
----Original Message-----
From: gshieman@(redacted)
To: shawsle@(redacted); rvanfleet@(redacted); cvanfleet@(redacted); Richard.W.Salzman@(redacted); wbragg@(redacted)
Cc: pgallegos@co.humboldt.ca.us; vialegirl8383@(redacted)
Sent: Thu, Mar 18, 2010 12:30 pm
Subject: fr: George Shieman Thurs.March.18th note re: election in Humboldt..the only vip election.
http://www.times-standard.com/ci_14524984?IADID=Search-www.times-standard.com-www.times-standard.com
Paul Gallegos for third term
my comment in comments section..
{this campaign might be the hardest...even though it might not seem like it.. I've witnessed an
incumbent or two...lose..lose..because his or her supporters got too comfortable.. The time is now.
and the race is as important as the first one... like a car race.. just because you won the last two,
don't mean you get a free ride to this one... there is work to do.. everyday.. take time}
Well, what would old Abe Lincoln do..if he were the DA in Humboldt.?? What would Clarence Darrow do if he were to be the DA in Humboldt.??
What would Albert Einstein do if he were to be the DA in Humboldt..????
Take a guess! I'd imagine that anyone of those simiple people...would likely do something that would mirror what Paul Gallegos does..and will do.
For one thing..the term.."prosecutor" is a real misnomer.. The real job of the district attorney is to "do justice" Sometimes that means...
slow down..lay off. If Humboldt would have wanted a rabid dog prosecutor..they would have voted the dog in last election.
Think! who is likely to be arrested in your town...your brother...your sister..your best friend, your friends from high school, people you work with..people you employ, people you have had sex with.., your teachers, your mentors, your Fathers... yup...even you.
If you loosely use the 'criminal' word..we all fit it.. in some sense.. Who are they? in our society..??? the leaders, the wall streeters, the lawyers, the businessmen...the union people..the politicians...the cops.. yee!
there you go... prosecute you life away..
and just wait your turn...
Some of you seem to like the word "community"
Look closely at your "community" if it sucks..
and in my mind..Eureka does... who is to blame?
Can you blame one person...?? Would you want to? I am to blame..my friends are to blame..you are to blame.. You made this town what it is, Dudes..and Dudettes... now, you live with it.
Like my Father always said.."Look in the mirror"
The reason..and the only reason that Eureka is like it is..and Humboldt too...it "YOU."
I read these comments..and the only thing that I can think...is "this place must be filled with fear and paranoia."
And, in my heart of hearts.l know that it is
a false..phony fear..and an unrealistic paranoia..
Aint they all?
So, who is the phony here?
I for one..don't believe it is Paul Gallegos.
George Shieman gshieman@(redacted) 415-(redacted)
quote of the day... George Carlin...
take your pick of some of his quotes.. click the link:
http://blogzarro.com/2007/05/100-greatest-geo...
http://truth11.com/2010/01/05/101-george-carl...
There will be many accusations of negative campaigning made, and the implication will be that anyone who criticizes Gallegos' record is mean and indulging in negative campaigning.
For what it is worth:
From: gshieman@(redacted)
Subject: fr: George Shieman Friday April 30th note re: DA Campaign
Date: April 30, 2010 6:20:01 PM PDT
To: watchpaul.blogspot@gmail.com
This is a letter sent out by a super-experienced prosecutor who is running for
election in Mendocino County. You can see by his website...that he is not fluff
when it comes to prosecutorial experience with major cases...and major convictions.
His letter speaks for him about his thought on one of the contenders for Mr.Gallegos'
job. It is here..below....complete. Also his candidate website link.
I think that time and time again...no matter what you might think about Paul
Gallegos personally... that you will find that he is the most-complete candidate.
He is articulate, has the background that our high-technology time requires, and
puts his office in the "sunshine" literally...open to the public inspection. He promised
he would try cases in court personally.. he is there...so lawyers and citizens can see
him at work...and can have complete access to him...and the office.
I want to see my District Attorney working publicly in the courthouse. I do not want
to go back in time...to the old boy network that we had. Let's not go backward.
George Shieman Eureka/San Francisco gshieman@(redacted)
LifeTimeVoiceMail: 415-(redacted) Cell: 415-(redacted)
scroll down:
-----Original Message-----
From: gshieman@(redacted)
To: gshieman@(redacted)
Sent: Fri, Apr 30, 2010 11:29 am
Subject: David Eyster letter and campaign website
David Eyster is running for District Attorney in Mendocino
http://www.eyster4da.com/background.html
It was a surprise to read that the Sierra Club, an organization that I respect, has endorsed Paul Hagen to be Humboldt County's District Attorney. As a former prosecutor also currently seeking public office in Mendocino County, it is my belief that the elected DA of any county should be a lawyer who has demonstrated a special aptitude and fitness for prosecution work and can set forth on the campaign trail a track record of personal success in handling serious and complex criminal matters. Most elected DA's have shown exceptional trial and management skills that promote public safety, job one of any DA. I don't believe Mr. Hagen has these qualities or experience so any endorsement by any entity of Mr. Hagen comes, of course, as a surprise.
I was the senior supervisor and lead criminal trial attorney for the Mendocino County DA's Office when Mr. Hagen started as a prosecutor many years ago. As an aside, I was the prosecutor who personally prosecuted and convicted former Humboldt County District Attorney Bernie DePaoli of felony misconduct that ultimately landed him in prison. I consider myself a good judge of young legal talent and it was never a secret that I opposed Mr. Hagen's hiring. While certainly engaging at times, I found Mr. Hagen to be one of those people who only talked a good game. I still chuckle when I recall how he became terribly angry that he was not invited to a criminal procedure training session that I routinely held for our summer law clerks, volunteer interns who had only completed their first year of law school. None of the office attorneys had ever attended or even asked to attend -- this law clerk-oriented training session. No self-respecting attorney who has passed the Bar exam and is working in a DA's Office should require such a beginner's course but, unfortunately, Mr. Hagen was the exception.
So there is no confusion, I have not had any contact with Mr. Hagen since 1996 so, perhaps, he has improved his legal skill set in the intervening years. Maybe he has finally developed jury trial skills, or now has experience with developing and managing office budgets. Maybe he has served as the supervisor of a felony trial team, or personally handled notorious and violent cases like those we read about that give us chills. The District Attorney is a very important position in any county, especially these days when it comes to public safety and tight budgets. Before you cast your vote for the June 8th primary, I encourage all of my neighbors to the north to take a critical look at Mr. Hagen to make sure he still isn't a one-trick environmental pony who has no real experience with the important business of public safety.
***
***
There has been total mis-information about the nature of plea
bargains..and handling cases... Below the following letter is a
large variety of thoughts on plea bargains.. Mr. Gallegos actually
brought one up that alot of people never even thought of.
{ Once a judge accepts a plea bargain...the defendant is prohibited
by the agreement from ever filing an appeal. The time and $ savings
on that alone..for a county are gazillions. note- a def. tech could
appeal on some issue re an irregularity of the plea bargain itself.
When does that happen?}
---------------------------------------------------
Thurs.April29th.2010 UnionSquareSF 10amSFTime
Hello Natalynne.. greetings from downtown in the sunny City.
In phone calls I make...started getting constant reference to
negativity to Paul..because of so-called "case handling" or "plea
bargains." Below I listed some sources that address those issues
from other jurisdictions. Espec. the link at bottom..the Waco DA
re-election link...some of the same hits...the response of the DA
was very telling.
{deleted a paragraph here that was confidential to orig. sendee.}
From time to time I might send similar emails...not that you have
all the time in the world to study the issue..but because they might
provide quick responses..or ideas. One other issue that some have
raised...the fact that our DA tries cases personally....weird issue.
I don't think it is that unusual in smaller jurisdictions....AND in one,
Mendocino...Susan Massini..DA for approx.ten yrs until 1999 or so
{and graduate of my law school..Empire in Santa Rosa}
was actually publicly..and often criticized for not personally
prosecuting at least one major case..(the Bear Lincoln..shot&
killed deputy case...that her office lost at trial}
So really...you can't win...will be criticized one way or the
other..
{fact is: at that time the candidate who "beat' Massini..was the
person who actually criticized her for not personally prosecuting
the case. Norm Vroman}
that's it from here.. George 415-(redacted)
scroll down>>>>>>>and down>>>>
Sent: Wed, Apr 28, 2010 3:36 pm
Subject: PLEA BARGAINS AND PROSECUTORS FACING REELECTION
Plea bargaining is a significant part of the criminal justice system in the United States; the vast majority of criminal cases in the United States are settled by plea bargain rather than by a jury trial[6][7]. Plea bargains are subject to the approval of the court,
Plea bargains are so common in the Superior Courts of California that the Judicial Council of California has published an optional seven-page form (containing all mandatory advisements required by federal and state law) to help prosecutors and defense attorneys reduce such bargains into written plea agreements.[8]
Plea bargains are generally encouraged by the court system, and have become something of a necessity due to overburdened criminal court calendars and overcrowded jails.
What is your role in a plea bargain?
Oversee it, supervise, and make sure that it's within the bounds of our community, what our community expects that plea bargain to be.
If the court feels that it's not appropriate, the court can stop that and not accept it.
The whole purpose of plea bargaining is for the prosecutor to assess what this case is worth, and then offer just a little bit less than what a jury would probably come back with, in order to move that case and dispose of the case at that time.
We have between 30 and 40 cases in our court on our docket every single day, and we're an average docket. We have 15 new cases this morning. If you spent a month on every case, again, these people would not have their case come up for years down the road. That's unfair to them; it's unfair to a lot of people who want their justice done right now.
The system right now is plea bargain, with a few cases being tried. Those few cases being tried set the standard for everybody in determining what to do with the 95 percent, 96 percent of the plea bargain cases. That's exactly right. I wish it were just the opposite, but it will never be.
Even when the charges are more serious, prosecutors often can still bluff defense attorneys and their clients into pleading guilty to a lesser offense. As a result, people who might have been acquitted because of lack of evidence, but also who are in fact truly innocent, will often plead guilty to the charge. Why? In a word, fear. And the more numerous and serious the charges, studies have shown, the greater the fear. That explains why prosecutors sometimes seem to file every charge imaginable against defendants.
- The first charge shouldn't be to win every case. It should be to see that justice is done. They should be ethical,
But you want a prosecutor mainly to see that justice is done. Their sole charge is not to win those cases for the state.
That explains why prosecutors sometimes seem to file every charge imaginable against defendants."
Plea Bargaining: An Indispensable Tool in The Criminal Justice system
One of the major advantages of plea bargaining is that it helps prosecutors and the Courts in the effective administration of justice
If the defendant accepts a plea bargain but does not complete their tasks, the prosecution is allowed to revoke the plea bargain and reinstate the original charges.
Other criticisms are due to images of plea bargaining portrayed in the media. Many associate it with intense threats or coercion aimed at the defendant in order to make them plead guilty. Or, some feel that it allows people who should be punished to get off with less prison time. In most cases, depictions of plea bargaining in movies or on television are over-dramatized. Many depictions of plea bargaining are not accurate and would violate a defendant's rights if they were to happen in an actual criminal proceeding.
Statistics vary across jurisdictions, but it would not be uncommon for half of all arrests to result either in no charges or in charges that are later dismissed,
the prosecution can avoid the expense and delay of a trial by offering modest concessions to the defendant. When the evidence is less clearcut the government can avoid the risk of an acquittal by agreeing to a plea to a reduced charge.
Criminal defendants already facing "Draconian" prison terms under federal sentencing guidelines are now routinely ending up with sentences five to 10 years longer, Walker said.
"It's all part of the government's wanting to get the highest sentence," Walker said. "It's very short-sighted."
Some prosecutors would rather risk losing a case after a hard-fought trial....rather than risk the public regarding them as soft on crime.
-----------------------------------------------------------
Harvard Law Review Plea Bargaining
http://www.pbs.org/wgbh/pages/frontline/shows/plea/etc/bargain.pdf
"Bargaining calibrates sentences to proof of guilt so that the people who are clearly the most guilty of the worst crimes
will get the longest sentences."
Plea bargains arise from the influence exerted by the evidence...and the expected punishment after trial.
The vast majority of criminal cases are small ones where the defendant faces only modest amounts of jail time.
Prosecutors offices that are busy offer greater discounts than offices that are not.
Underfunded prosecutors' offices face more pressure to plea bargain than do those with adequate staffing,
funding, and support personnel.
-----------------------------------------------------------------------------
Plea bargaining with budgetary constraints
• There are 2,344 separate local prosecutor’s offices.
• About 85 percent of those local prosecutors are elected for four-year terms.
• About 40 percent of chief prosecutors have served 12 years or more.
• When incumbent chief prosecutors seek re-election, they win 95 percent of the time. In comparison, incumbent state legislators win more than 90 percent of the time when they seek re-election.
• Prosecutor elections draw fewer challengers than races for other offices. In general-election campaigns, prosecutors run unopposed 85 percent of the time. In comparison, state legislators run unopposed only 35 percent of the time.
• When incumbent prosecutors have a challenger, they win 69 percent of the time.
---------------------------------------------------
{This was part of a series...the news articles addressed issues that are raised during
DA re-elections...especially when DA faces a challeger. Some of the same issues
that are coming up in Humboldt.}
Prosecutors facing criticism at election time:
http://www.wacotrib.com/news/Data-offer-clues-on-McLennan-County-district-attorneys-performance.html
Overall, the data show that the percentage of cases pursued by McLennan County prosecutors is within average range.
Local prosecutors either refused or dismissed 50.3 percent of felony charges during 2006-08. For misdemeanor cases, there was a 39.7 dismissal/refusal rate, and for all cases combined, it was 43 percent.
By comparison, during the same three years:
* Prosecutors in Jefferson County, home to Beaumont and Port Arthur, refused or dismissed 45.7 percent of felonies, 40.4 percent of misdemeanors and 42.2 percent of all cases combined.
* Prosecutors in Wichita County, where Wichita Falls is the county seat, refused or dismissed 46.3 percent of cases with felonies and misdemeanors combined. Data were not available broken down by felony versus misdemeanor.
Nationwide, a handful of studies on particular jurisdictions have shown that nonfederal prosecutors discard roughly 25 percent to 50 percent of cases without filing formal charges. The total number of cases not pursued in those jurisdictions would be even higher once dismissals were added in.
With 23 attorneys in the office besides himself, Segrest said, that case load means that each prosecutor is juggling between 300 and 500 cases at any given time. He noted that the county spends more on fees for court-appointed defense attorneys and experts than it does on his office.
Prosecutors, on the other hand, don’t get a case until after the action has died down, Burke noted. That gives them latitude to step back and consider the complex set of factors that govern whether prosecution is just. They also have to look at whether they can prove a case beyond a reasonable doubt at trial, a tougher standard than police’s probable cause, he said.
One of the toughest parts of a prosecutor’s job, Segrest said, is having to tell a police officer who is invested in a case that it won’t proceed.
“I’ve had to tell a lot of people I really like ‘no,’ ” he said. “. . . You don’t get any thanks, don’t get any appreciation if you don’t win or you don’t prosecute. Then you’re the biggest idiot in the world.”
Segrest added, however, that he is willing to listen to officers who disagree with case decisions. For years, he has encouraged those who have a beef to call him or the prosecutor who handled the case, he said.
“Quite honestly, nobody takes me up on it,” Segrest said. “It’s easier to say it’s the old, lazy prosecutor who won’t do his job.”
The officers who tend to get the most upset are the patrol officers, the chief said. Unlike detectives, they are not usually privy to what happens with a case after the initial call. So where a detective might be aware of a problem that necessitates a case being tossed, it comes as a surprise to the patrol officer.
“They’re just kind of more out of the loop,” Stroman said.
--------------------------------------------------------
----Original Message-----
From: gshieman@(redacted)
To: shawsle@(redacted); rvanfleet@(redacted); cvanfleet@(redacted); Richard.W.Salzman@(redacted); wbragg@(redacted)
Cc: pgallegos@co.humboldt.ca.us; vialegirl8383@(redacted)
Sent: Thu, Mar 18, 2010 12:30 pm
Subject: fr: George Shieman Thurs.March.18th note re: election in Humboldt..the only vip election.
http://www.times-standard.com/ci_14524984?IADID=Search-www.times-standard.com-www.times-standard.com
Paul Gallegos for third term
my comment in comments section..
{this campaign might be the hardest...even though it might not seem like it.. I've witnessed an
incumbent or two...lose..lose..because his or her supporters got too comfortable.. The time is now.
and the race is as important as the first one... like a car race.. just because you won the last two,
don't mean you get a free ride to this one... there is work to do.. everyday.. take time}
Well, what would old Abe Lincoln do..if he were the DA in Humboldt.?? What would Clarence Darrow do if he were to be the DA in Humboldt.??
What would Albert Einstein do if he were to be the DA in Humboldt..????
Take a guess! I'd imagine that anyone of those simiple people...would likely do something that would mirror what Paul Gallegos does..and will do.
For one thing..the term.."prosecutor" is a real misnomer.. The real job of the district attorney is to "do justice" Sometimes that means...
slow down..lay off. If Humboldt would have wanted a rabid dog prosecutor..they would have voted the dog in last election.
Think! who is likely to be arrested in your town...your brother...your sister..your best friend, your friends from high school, people you work with..people you employ, people you have had sex with.., your teachers, your mentors, your Fathers... yup...even you.
If you loosely use the 'criminal' word..we all fit it.. in some sense.. Who are they? in our society..??? the leaders, the wall streeters, the lawyers, the businessmen...the union people..the politicians...the cops.. yee!
there you go... prosecute you life away..
and just wait your turn...
Some of you seem to like the word "community"
Look closely at your "community" if it sucks..
and in my mind..Eureka does... who is to blame?
Can you blame one person...?? Would you want to? I am to blame..my friends are to blame..you are to blame.. You made this town what it is, Dudes..and Dudettes... now, you live with it.
Like my Father always said.."Look in the mirror"
The reason..and the only reason that Eureka is like it is..and Humboldt too...it "YOU."
I read these comments..and the only thing that I can think...is "this place must be filled with fear and paranoia."
And, in my heart of hearts.l know that it is
a false..phony fear..and an unrealistic paranoia..
Aint they all?
So, who is the phony here?
I for one..don't believe it is Paul Gallegos.
George Shieman gshieman@(redacted) 415-(redacted)
quote of the day... George Carlin...
take your pick of some of his quotes.. click the link:
http://blogzarro.com/2007/05/100-greatest-geo...
http://truth11.com/2010/01/05/101-george-carl...
TS glitch
click on a story this morning on the TS site and you are routed to Colotado
◼ http://www.coloradodaily.com/rant-rave/ci_15021196#axzz0n3wnwzIR Don't assume
◼ http://www.dailycamera.com/ci_15021225 NEC lands federal grant for Arcata site cleanup
◼ http://www.dailycamera.com/ci_15021223#axzz0n3xTHudR Garberville man allegedly assaults Humboldt County deputy
◼ http://www.dailycamera.com/business/ci_15021221 Eureka looks at last of budget presentations
◼ http://www.coloradodaily.com/rant-rave/ci_15021196#axzz0n3wnwzIR Don't assume
◼ http://www.dailycamera.com/ci_15021225 NEC lands federal grant for Arcata site cleanup
◼ http://www.dailycamera.com/ci_15021223#axzz0n3xTHudR Garberville man allegedly assaults Humboldt County deputy
◼ http://www.dailycamera.com/business/ci_15021221 Eureka looks at last of budget presentations
Tuesday, May 04, 2010
A guilty plea, with a life sentence
◼ Tracey Joleen William gets 25 years in killing of Ezra Sanders - TS - John Driscoll
...Tracey Joleen Williams pleaded guilty to voluntary manslaughter with special allegations of using a firearm during the act, and to first-degree residential robbery while acting in concert with two or more people. The plea agreement with the Humboldt County District Attorney's Office has Williams sentenced to 25 years in state prison....
Last summer, Ruben Anthony Peredia of Eureka and Lukus Larry Mace of Orleans entered guilty pleas to voluntary manslaughter. Peredia was sentenced to 13 years and four months in prison. Mace made a plea agreement to testify against his codefendants, and he will be sentenced to six years in prison. In January, Jeffrey Alan Burgess of Eureka -- the man believed to have fired the gunshot that killed Sanders -- pleaded guilty to first-degree robbery while acting with two or more people, and discharging a firearm during the commission of a felony. His sentence is 30 years....
”I'm completely comfortable with Ms. Williams' disposition that she will actually serve 20 years,” said Deputy District Attorney Ben McLaughlin after the hearing Monday.
McLaughlin said that the case against Peredia was not as strong as those against Williams and Burgess, especially since the main witness against Peredia was Mace, an accomplice. Testimony of an accomplice alone is not sufficient, he said. McLaughlin also said that the plea agreement with Burgess was a hedge against a trial in which a judge might exclude an important part of a confession, as the court did in Burgess' preliminary hearing.
McLaughlin said that while Williams did not herself kill Sanders, she was able to plead to the manslaughter and firearm charges under case law that allows such a plea as part of an agreement....
...Tracey Joleen Williams pleaded guilty to voluntary manslaughter with special allegations of using a firearm during the act, and to first-degree residential robbery while acting in concert with two or more people. The plea agreement with the Humboldt County District Attorney's Office has Williams sentenced to 25 years in state prison....
Last summer, Ruben Anthony Peredia of Eureka and Lukus Larry Mace of Orleans entered guilty pleas to voluntary manslaughter. Peredia was sentenced to 13 years and four months in prison. Mace made a plea agreement to testify against his codefendants, and he will be sentenced to six years in prison. In January, Jeffrey Alan Burgess of Eureka -- the man believed to have fired the gunshot that killed Sanders -- pleaded guilty to first-degree robbery while acting with two or more people, and discharging a firearm during the commission of a felony. His sentence is 30 years....
”I'm completely comfortable with Ms. Williams' disposition that she will actually serve 20 years,” said Deputy District Attorney Ben McLaughlin after the hearing Monday.
McLaughlin said that the case against Peredia was not as strong as those against Williams and Burgess, especially since the main witness against Peredia was Mace, an accomplice. Testimony of an accomplice alone is not sufficient, he said. McLaughlin also said that the plea agreement with Burgess was a hedge against a trial in which a judge might exclude an important part of a confession, as the court did in Burgess' preliminary hearing.
McLaughlin said that while Williams did not herself kill Sanders, she was able to plead to the manslaughter and firearm charges under case law that allows such a plea as part of an agreement....
Monday, May 03, 2010
Forums:
League of Women Voters Candidate Forum for District Attorney Candidates
TONIGHT on KEET
7:00-8:30pm
Audience Call-in Number 445-0811
◼ DA debate tonight - heraldo
◼ DA debate tonight - Not Found - Sorry, but you are looking for something that isn't here.
◼ Asleep at the Wheel (LIVE!) - The Mirror
Redwood Times:
◼ Allison Jackson
◼ Paul Hagen
◼ Paul Gallegos
DA Candidates have already participated in several forums:
HCDCC
Redwood ACLU
Animal Rights Community
League of Women Voters/Willow Creek Kiwanis
League of Women Voters/Civil Liberties Monitoring Project
◼ Summary of Tuesday night’s (LWV/CLMP) debate - Eric Kirk
TONIGHT on KEET
7:00-8:30pm
Audience Call-in Number 445-0811
◼ DA debate tonight - heraldo
◼ DA debate tonight - Not Found - Sorry, but you are looking for something that isn't here.
◼ Asleep at the Wheel (LIVE!) - The Mirror
Redwood Times:
◼ Allison Jackson
◼ Paul Hagen
◼ Paul Gallegos
DA Candidates have already participated in several forums:
HCDCC
Redwood ACLU
Animal Rights Community
League of Women Voters/Willow Creek Kiwanis
League of Women Voters/Civil Liberties Monitoring Project
◼ Summary of Tuesday night’s (LWV/CLMP) debate - Eric Kirk
Board of Sups
◼ Humboldt County Supervisors look at supporting Yurok Tribe legislation - and in other news:
The county will also be accepting $100,000 of Federal Recovery Act funding for the District Attorney's Office. The District Attorney's Office will use the funding to pay for a forensic computer examiner for the next two years.
◼ May 4, 2010 9:00 am
District Attorney
8. ◼ Extension of Extra help Hours past the 960 Hour Limit, for Office Assistant I Personnel in Budget Unit 205.
RECOMMENDATION: That the Board of Supervisors approve the extension of extra-help hours for Office Assistant I, Andrew Duncan, Office Assistant I, Christian Gillespie, Office Assistant I, Erika Torres, Office Assistant I, Rachel Whitton, and Office Assistant I, Janet Garcia, to a maximum of 1960 hours pursuant to section 7 of the Humboldt County Resolution.
9. Supplemental Budget FY 09-10 Forensic Examiner ARRA Grant.
RECOMMENDATION: That the Board of Supervisors approve the attached supplemental budget of $100,000 into budget unit 204 for Fiscal Year 2009-10
Pfffft. Will the grant also.... Nevermind.
The county will also be accepting $100,000 of Federal Recovery Act funding for the District Attorney's Office. The District Attorney's Office will use the funding to pay for a forensic computer examiner for the next two years.
◼ May 4, 2010 9:00 am
District Attorney
8. ◼ Extension of Extra help Hours past the 960 Hour Limit, for Office Assistant I Personnel in Budget Unit 205.
RECOMMENDATION: That the Board of Supervisors approve the extension of extra-help hours for Office Assistant I, Andrew Duncan, Office Assistant I, Christian Gillespie, Office Assistant I, Erika Torres, Office Assistant I, Rachel Whitton, and Office Assistant I, Janet Garcia, to a maximum of 1960 hours pursuant to section 7 of the Humboldt County Resolution.
9. Supplemental Budget FY 09-10 Forensic Examiner ARRA Grant.
RECOMMENDATION: That the Board of Supervisors approve the attached supplemental budget of $100,000 into budget unit 204 for Fiscal Year 2009-10
Pfffft. Will the grant also.... Nevermind.
Sunday, May 02, 2010
Gallegos chief cheerleader writes another Rackauckas-like letter to the editor
◼ Responsible stewardship of the environment - TS LTE
The comments thread is better than the letter:
Curmudgeon Right ON! WE cannot count on the Regional Water Quality Control Board, the Department of Fish and Game, the US EPA, the National Marine Fisheries Servic,e the Loooooooong list of enforcement agencies that cover things like leaking petroleum tnaks, we've got to have our MIGHTY DA protect us.
MEanwhile tweakers go free, you get a slap on the wrist for killing kids while drunk driving. What a crock. If we needed a DA to ignore the issues screwing up our daily lives and wanted a DA to focus on the nebulous feel good prosecution of profit-driven business...that's what we've got!
deBunker The writer maybe thinks that Gallegos invented environmental prosecution? Look back in the TS archives and in the legal records and you will find otherwise.
Handy of the Occasional DA to find a case that he can use for his campaign to keep the high-paying job that he sometimes shows up for. Who did the work?
Fisherman And how much did you make off the deal Mr. Baykeeper???
Cletus Van Damme And those damned gas tanks keep robbing liquor stores, molesting children, and stealing everything that isn't bolted down. They sell drugs too! I'm so glad our knight in green armor is the DA! And it's good to know that such an objective person such as Mr Nichols wrote a letter to support him! Right about election time! What a coincidence, eh Pete?
Bunch of effin' crooks.
anonymous
The state attorney general investigated this and filed the complaint. They also prepared the judgment. Gags just took credit for it. Check it out for yourselves. Go to the court clerk and look at the file. Its clear as a bell. Gallegos is up to his same tricks of taking credit for work he didn't do. Right up there with plagiarizing.
And Paykeeper is involved!
Pete Malloy
Pete Nichols ? ha ha ha ha ha, what a chump
DIRT DEVIL
Oh here's Petey spouting off again just to get his and Paykeepers name in the light. Are you getting a good deal from Paul on your next lawsuit against a real business or developer who wants to invest in our county's future. I'm surprised you had the time to write a letter while also being a marine biology expert. It does not surprise me you would extol the virtues of our esteemed DA since you are both masters of taking credit for something you had so little to do with. Maybe if our DA would spend as much time really prosecuting ALL CRIMINALS as he does breaking his arm to pat himself on the back we could have a much better place to live.
anonymous
Looks like this backfired for Paul and Pete. Now will the reporters pick this up?
P Nutgallery
Geez, Pete, letting the government hoard in on your business? Coffers must be full to share in the litigation bonanza. Hey, does WaterKeeper have a Louisiana branch office? There'll be someone to cash in on the disaster there I'm sure. But will they do anything to actually clean the environment? Track record says no. Despite the recent appearances (advertising) by Kennedy. There is more money in filing suit than performing cleanups (and stalling them for that matter). Cha-chinge, cha-chinge!$$$$$ Happy Earth Day $$$$
Drivel
BayWatch is a fine law office.
anonymous
So its a law office? Interesting.
reasonable
Nice work by Gallegos, AND everyone else who made this case. Companies don't agree to 1.1 million dollar settlements for no reason, Paul must have caught them red-handed.
As far as all the complaints on this thread that somehow this case means that violent criminals, robbers, burglars and so on are not being prosectuted aggressively, well that's pure BS. The fact is that violent crime is DOWN in Humbolt County, and Gallegos deserves at least some of the credit for that.
DIRT DEVIL
reasonable wrote:
Nice work by Gallegos, AND everyone else who made this case. Companies don't agree to 1.1 million dollar settlements for no reason, Paul must have caught them red-handed.
As far as all the complaints on this thread that somehow this case means that violent criminals, robbers, burglars and so on are not being prosectuted aggressively, well that's pure BS. The fact is that violent crime is DOWN in Humbolt County, and Gallegos deserves at least some of the credit for that.
No one is denying that the fine is not justified but the insult is that PG is taking credit for it. The AG did all the work and dropped it in his lap. He probably would not have found the problem himself up at the beach while surfing with his "friend"
peabody
so who got the 1.1 mil fine?
DIRT DEVIL
peabody wrote:
so who got the 1.1 mil fine?
Big Oil & Tire were fined for multiple violations according to reports. Now how many of those violations were really connected to a real threat to ground water I don't know. I know that fines are imposed for matters such as lack of paperwork and other clerical errors so not all may have been for problem tanks. The county is famous for going after minor offenders so the environmental health dept can justify their large staff. Stop by 100 H St.in Eureka and find out just how many people are really working. It is probably overstaffed and bloated just like all govt agencies we have to support.
anonymous
The county didn't go after big oil. The state did which is why the state did the investgation and filed the complaint. Its also why the state gets the fine. Paul did nothing more than cross out the name of the state attorney who prepared the judgment and hand wrote his own to take credit.
◼ Gallegos Gets Props, Again - The Reporta
The comments thread is better than the letter:
Curmudgeon Right ON! WE cannot count on the Regional Water Quality Control Board, the Department of Fish and Game, the US EPA, the National Marine Fisheries Servic,e the Loooooooong list of enforcement agencies that cover things like leaking petroleum tnaks, we've got to have our MIGHTY DA protect us.
MEanwhile tweakers go free, you get a slap on the wrist for killing kids while drunk driving. What a crock. If we needed a DA to ignore the issues screwing up our daily lives and wanted a DA to focus on the nebulous feel good prosecution of profit-driven business...that's what we've got!
deBunker The writer maybe thinks that Gallegos invented environmental prosecution? Look back in the TS archives and in the legal records and you will find otherwise.
Handy of the Occasional DA to find a case that he can use for his campaign to keep the high-paying job that he sometimes shows up for. Who did the work?
Fisherman And how much did you make off the deal Mr. Baykeeper???
Cletus Van Damme And those damned gas tanks keep robbing liquor stores, molesting children, and stealing everything that isn't bolted down. They sell drugs too! I'm so glad our knight in green armor is the DA! And it's good to know that such an objective person such as Mr Nichols wrote a letter to support him! Right about election time! What a coincidence, eh Pete?
Bunch of effin' crooks.
anonymous
The state attorney general investigated this and filed the complaint. They also prepared the judgment. Gags just took credit for it. Check it out for yourselves. Go to the court clerk and look at the file. Its clear as a bell. Gallegos is up to his same tricks of taking credit for work he didn't do. Right up there with plagiarizing.
And Paykeeper is involved!
Pete Malloy
Pete Nichols ? ha ha ha ha ha, what a chump
DIRT DEVIL
Oh here's Petey spouting off again just to get his and Paykeepers name in the light. Are you getting a good deal from Paul on your next lawsuit against a real business or developer who wants to invest in our county's future. I'm surprised you had the time to write a letter while also being a marine biology expert. It does not surprise me you would extol the virtues of our esteemed DA since you are both masters of taking credit for something you had so little to do with. Maybe if our DA would spend as much time really prosecuting ALL CRIMINALS as he does breaking his arm to pat himself on the back we could have a much better place to live.
anonymous
Looks like this backfired for Paul and Pete. Now will the reporters pick this up?
P Nutgallery
Geez, Pete, letting the government hoard in on your business? Coffers must be full to share in the litigation bonanza. Hey, does WaterKeeper have a Louisiana branch office? There'll be someone to cash in on the disaster there I'm sure. But will they do anything to actually clean the environment? Track record says no. Despite the recent appearances (advertising) by Kennedy. There is more money in filing suit than performing cleanups (and stalling them for that matter). Cha-chinge, cha-chinge!$$$$$ Happy Earth Day $$$$
Drivel
BayWatch is a fine law office.
anonymous
So its a law office? Interesting.
reasonable
Nice work by Gallegos, AND everyone else who made this case. Companies don't agree to 1.1 million dollar settlements for no reason, Paul must have caught them red-handed.
As far as all the complaints on this thread that somehow this case means that violent criminals, robbers, burglars and so on are not being prosectuted aggressively, well that's pure BS. The fact is that violent crime is DOWN in Humbolt County, and Gallegos deserves at least some of the credit for that.
DIRT DEVIL
reasonable wrote:
Nice work by Gallegos, AND everyone else who made this case. Companies don't agree to 1.1 million dollar settlements for no reason, Paul must have caught them red-handed.
As far as all the complaints on this thread that somehow this case means that violent criminals, robbers, burglars and so on are not being prosectuted aggressively, well that's pure BS. The fact is that violent crime is DOWN in Humbolt County, and Gallegos deserves at least some of the credit for that.
No one is denying that the fine is not justified but the insult is that PG is taking credit for it. The AG did all the work and dropped it in his lap. He probably would not have found the problem himself up at the beach while surfing with his "friend"
peabody
so who got the 1.1 mil fine?
DIRT DEVIL
peabody wrote:
so who got the 1.1 mil fine?
Big Oil & Tire were fined for multiple violations according to reports. Now how many of those violations were really connected to a real threat to ground water I don't know. I know that fines are imposed for matters such as lack of paperwork and other clerical errors so not all may have been for problem tanks. The county is famous for going after minor offenders so the environmental health dept can justify their large staff. Stop by 100 H St.in Eureka and find out just how many people are really working. It is probably overstaffed and bloated just like all govt agencies we have to support.
anonymous
The county didn't go after big oil. The state did which is why the state did the investgation and filed the complaint. Its also why the state gets the fine. Paul did nothing more than cross out the name of the state attorney who prepared the judgment and hand wrote his own to take credit.
◼ Gallegos Gets Props, Again - The Reporta
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