Wednesday, August 19, 2015

Lots of updates: Continuances and Shortages

Chiv follows the cases as they wind their way through the courts... Follow the links here, and bookmark Chiv's site to stay up on the goings-on, 'cause THIS is just the small stuff:

Continuances, continuances, not enough courtrooms and Judges, how will this affect the 10 upcoming homicide trials? - John Chiv/Words Worth - August 17
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◼ Silverio Sanchez: 995 motion for Silverio Sanchez results in one count being dismissed, rest denied, case to proceed to jury trial - John Chiv/Words Worth - August 17
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◼ Charles Kesselring: Charles Kesselring machete wielding suspect held to answer on all charges - John Chiv/Words Worth - August 17
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◼ Gary Lee Ross: Man who admitted to burning 60 year old over cigarettes arraigned today; seemed clueless and lost in court today - John Chiv/Words Worth - August 17
Witness turns out to be suspect, Gary Lee Ross replaces Jeremy Kish as dumbest criminal of the year - John Chiv/Words Worth - August 17
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◼ James Cunha, Rebecca Hamline: He prosecuted her, she served time in prison; now he is appointed by the Court as her defense attorney - John Chiv/Words Worth - August 17
Allan Dollison, who has previously prosecuted both James Cunha and Rebecca Hamline, when he was a Deputy District Attorney, for which they served prison time was appointed by the court as Hamline's attorney this afternoon in Courtroom 1. Mr. Neal Sanders was appointed for Cunha. Mr. Dollison is now a private criminal defense attorney. Mr. Sanders is also a private attorney.
LOCO commenters and frequently booked James Cunha and Rebecca Hamline get arraigned on more charges, behave better in court, well sorta - John Chiv/Words Worth - August 18
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◼ Kayla Brown: Preliminary hearing for Miss Hoopa charged with 4 counts of alleged abuse of a minor victim including abnormal Sexual Interest in Children delayed again - John Chiv/Words Worth - August 17
Intervention hearings take place in a closed courtroom. This case ended up being called before 3 p.m. but I was outside waiting to get dates and so was the victim's family. DDA Brie Bennett who is prosecuting the case spoke privately with the victim's family. Ben McLaughlin is representing Brown along with Rebecca Linkous but Mr. David Celli appeared on behalf of Mr. McLaughlin today.
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◼ Jeremy Kish: Former Alliance Market arson suspect to be transported after a commitment order, and more updates to come - John Chiv/Words Worth - August 17
PREVIOUS COVERAGE:
Kish pulls his usual stunts in court but Judge Miles goes that extra step to make sure that Kish rights of due process are met - August 13
Male victim in Kish's alleged sodomy and forcible copulation case talks about the alleged arson incident; the alleged sexual assault and abuse - August 13
Judge Miles once again, has to reprimand Jeremy Kish's drama in court and tell him to zip it - August 11
"We only have so much time, we need to deal with what is on calendar today"; Jeremy Kish pushes his luck with the Judge and gets called on his court shenanigans - July 31
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◼ Jason Balke: Frequently arrested Jason Balke in trouble again! - John Chiv/Words Worth - August 17
(UPDATED) Two People Reported Stabbed in McKinleyville; Suspect Detained - Lost Coast Outpost
PREVIOUS COVERAGE:
Rock, Scissors, Crowbar! Clerk Foils Robbery Attempt at McK 76 Station - Hank Sims/Lost Coast Outpost May 13, 2015
Aha! Sheriff’s Office Weighs In on Yesterday’s Tasing - Hank Sims/Lost Coast Outpost December 19/2014
A Guy Was Tased By Law Enforcement in Front of a McK Store Yesterday, But It’s Not Really Clear Why - Hank Sims/Lost Coast Outpost December 19/2014
Three Arrested on Garbage Theft Charges - Hank Sims/Lost Coast Outpost February 9/2012
Two stabbed in McKinleyville; Balke booked in jail - Mad River Union
PREVIOUS COVERAGE:
Threatened with melon-size rock, clerk hits would-be bandit with crowbar - Mad River Union

Wednesday, August 05, 2015

Tipsters, responsibility, and resignations

Don't be afraid, people! When something is wrong **, it's wrong, and you have to stand up. You cannot put it on reporters to do the work. Some will, but it isn't right or fair. I know it's scary, I know there are 'reasons' for wanting anonymity and I know there is fear. Face the fear.
I must not fear.
Fear is the mind-killer.
Fear is the little-death that brings total obliteration.
I will face my fear.
I will permit it to pass over me and through me.
And when it has gone past I will turn the inner eye
to see its path.
Where the fear has gone there will be nothing.
Only I will remain. *
What is the real story behind Humboldt Superior Court ex CEO's resignation? - John Chiv'Words Worth

Chiv is following up on an anonymous tip, and waiting for a response from the Judicial Council of California.

* Dune
** Maybe there's nothing wrong at all... stay tuned to Chiv's blog for updates.

Who is Kristina Babauta?

Warranting a post on LoCo and Chiv...AND a DA Press Release! Hit the big time, baby!

Woman Sentenced to 20 Days in Jail After Second DUI - Humboldt County Office of the District Attorney press release/Andrewe Goff/LoCo
DDA Trent Timm scores another win; this against well-known local DUI lawyer Manny Daskal - John Chiv/Words Worth

DA's Press-Release:

Guilty as charged was the jury verdict announced today in Humboldt Superior Court in the case of the People versus Kristina Babauta. After an 8-day trial before Judge Marilyn Miles, Babauta, 31 of Redway, was convicted of driving under the influence, refusing a chemical test and storing an open container. Because the allegation of a prior DUI conviction was also found true, the defendant was sentenced to serve 20 days in jail and fined more than $3000. The case arose from an April 2013 vehicle stop by the California Highway Patrol on Highway 101 near Richardson Grove. The case was prosecuted by Deputy D.A. Trenton Timm and defended by Attorney Manny Daskal.

Friday, July 31, 2015

26 kids buried underground doesn't earn you life in prison?

Gov. Brown allows parole for 2nd Chowchilla kidnapper - SF Chronicle

Economic resignation, blogs notice

Jacqueline Debets resigns and moves to Auburn? - John Chiv/Words Worth

County’s Economic Development Coordinator, Jacqueline Debets, Resigns - Ryan Burns/Lost Coast Outpost

Ding, Dong, Jacqueline Debets is gone! - THClive

Suicide attempts, motions and pleas, oh my. Another day at the courthouse

Another suicide at the Humboldt County jail? - John Chiv/Words Worth

DA's motion for continuance in gross vehicular manslaughter case continued for input from victim's family; defense counsel tries to negotiate Lockhart's release to agree to DA's continuance - John Chiv/Words Worth

Two defendants plead guilty, one proceeds to preliminary hearing in crow killing case
Crow killing case results in a settlement of a misdemeanor - John Chiv/Words Worth

Marissa Carlson arrested again is an understatement - John Chiv/Words Worth
UPDATE ON YESTERDAY’S EARLY MORNING ASSAULT - Kym Kemp/Redheaded Blackbelt

Preliminary hearing for William Jarnaghan, Hoopa softball coach charged with 6 counts of sexual acts against underage female victim set for September 29 - John Chiv/Words Worth
Links to ongoing coverage of this case at the link.

Motion to continue in Stiglich case granted, new jury trial date is August 31 - John Chiv/Words Worth
Stiglich is charged with shooting Ryan Robinson.

Leah Jarnaghan fails to appear in court, bench warrant issued for $50,000 - John Chiv/Words Worth
Today in Courtroom 5, Leah Jarnaghan was scheduled to be arraigned a felony, child abuse endangerment with possibility of great bodily injury and reckless driving.

Friday, July 24, 2015

We have a new DA. How's it going?

Chiv has some answers:

What is it like to work for Maggie? Changes she has made since she took office and candid answers from our current DA on plea deals, Measure Z and more - John Chiv/Words Worth

...In the first two months, the most obvious changes I saw was that Maggie was very visible and active on the second floor, from day one. She was overseeing cases, especially the high profile ones, mentoring all attorneys and reaching out very pro-actively to the other partners in the criminal justice system. I also saw Mr. Andrew Isaac mentoring other younger deputy district attorneys. It was very obvious from the beginning that Maggie’s team had the support of their boss and the younger and newer staff could rely on the more experienced attorneys.

The difference in the demeanor of the staff is obvious. They are happier, given the stress and workload of a very demanding job, for me to notice that says something.

It was very evident from day one that the balance in the courtroom was not lopsided towards defense, anymore. Some prosecutors always gave input, but under Maggie’s leadership, there is a consistency with all deputy district attorneys with the presentation and procedure in the courtroom.... KEEP READING

Monday, July 20, 2015

Off Year elections...

They're not high-profile, and they don't pay much if anything, but really, this is what it's all about:

Wanted: A couple hundred good candidates - Jack Durham/Mad River Union

Candidates are needed for more than 200 open seats up for grabs Nov. 3 on the boards of schools and special districts throughout Humboldt County.

There are several races in which the seats held by board majorities are open, meaning that power structures could shift in communities if residents so desire – assuming there are enough candidates willing to run.

ELECTION SEASON BEGINS!
Filing opened: Monday, July 13
Filing closes: Friday August 7 at 5:pm
If an incumbent in a race fails to file for a seat, the deadline for that race is extended to 5:pmm Wednesday, August 12
Humboldt County Elections Office
3033 H St. Room 20, Eureka
http://humboldtgov.org/890/Elections-Voter-Registration
For example, there are three open seats on the five-member Manila Community Services District Board of Directors. There are also three seats – a board majority – open on the Humboldt Bay Harbor, Recreation and Conservation District. There are many more scattered throughout the county, including the McKinleyville Union School District, which has four of its five seats up for grabs.
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Next Election November 3, 2015

Election Calendar
Candidate Guide
Voter Information Request
Fee Schedule
School Districts: Available Positions
Special Districts: Available Positions

You should run!

Saturday, July 18, 2015

Wow. Greg.

...

(For new readers, who aren't part of the debacle, who have no idea what's going on here, because so few clues have been given... sorry. The people involved know who they are, and OTHER people who know who they are and who are observing this whole unfortunate mess have taken note.)


(Liked by MOLA42 and Carol, who refuses to apologize.)

Thursday, July 09, 2015

Turnover at CCVH?

Richard Marks no longer affiliated with CCVH? - John Chiv/Wordsworth

Richard Marks Resigns from California Cannabis Voice Humboldt - Ryan Burns/Lost Coast Outpost
After a busy year organizing local marijuana growers into a formidable political action group, Richard Marks has resigned as executive director of California Cannabis Voice Humboldt (CCVH).

Marks told the Outpost he parted ways with the group because he didn’t have enough time to commit the effort he feels is required.

“I think I was doing them an injustice by doing something part time when [the job] really needs a lot more,” Marks said. He added that there’s no ill will from either side, and he complimented the group’s board of directors, calling it “one of the hardest-working nonprofit boards you’re gonna find.”
◼ Richard's post on CCVH: CCVH: Love us or hate us we get stuff done! - Samoa Softball
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What is CCVH?

Yesterday’s Pot Bust Involved Members of California Cannabis Voice Humboldt - Ryan Burns/Lost Coast Outpost June 23
Despite Raids, California Cannabis Voice Humboldt to Release Draft Ordinance, Hold Rally on Courthouse Steps - Ryan Burns/Lost Coast Outpost June 25
Over the past year, local marijuana growers and activists, led by the political action group California Cannabis Voice-Humboldt (CCVH), have worked hard to legitimize the industry — drafting legislation, packing the Board of Supervisors chambers and urging “farmers” to come out of the shadows and be regulated. So when law enforcement this week raided grow operations on Island Mountain, including at least one belonging to a member of the group, activists viewed it as a betrayal of their trust.

The identity of the growers and/or property owners targeted in the raids have yet to be disclosed....

Meanwhile, CCVH still hopes to get a countywide outdoor cultivation ordinance on the books before the year is out. Local environmental leaders have pushed back against the group’s agenda and methods, comparing the situation to allowing timber companies to write their own rulebook.
Yesterday’s multi-agency marijuana raid at Island Mountain involved people currently active in the political action group California Cannabis Voice-Humboldt (CCVH), the group’s executive director, Richard Marks, confirmed this morning.
‘A Great Victory’: California Cannabis Voice Humboldt Unveils Land Use Ordinance - Ryan Burns/Lost Coast Outpost June 30
Board of Supes Talk Weed Regulation, Part One - Ryan Burns/Lost Coast Outpost
Weed is littered across the agenda for today’s meeting of the Humboldt County Board of Supervisors, and during the morning session the board quibbled over two main issues: First was a letter of support for Assembly Bill 243, a piece of statewide legislation written by the North Coast’s own Assemblymember Jim Wood.

The bill, called the Marijuana Watershed Protection Act, passed the Assembly last month in May and is now being considered on the floor of the Senate. Wood has said his bill is aimed at addressing the environmental impacts of medical marijuana farms, in part by creating “a structure to tag permitted medical cannabis plants with a unique identifier for each plant.”...

Board of Supes Talk Weed Regulation, Part Two: CCVH Ordinance Lands With a Splat - Ryan Burns/Lost Coast Outpost
Luke Bruner, the enthusiastic young co-founder and public figurehead of the political action group California Cannabis Voice Humboldt (CCVH), spent nearly two hours this afternoon outlining the major provisions in his group’s ambitious Land Use Ordinance to the Humboldt County Board of Supervisors. The document, more than a year in the making and now in its seventh draft, aims not only to bring Humboldt County’s rampaging marijuana industry into some semblance of order through a series of governmental regulations but also to serve as a template for regulation throughout rural California.

It’s the product of considerable effort and organization from a group few had heard of a year ago, and the task they undertook — trying to entice a profitable black market into the bonds of regulation and taxation on the one hand while, on the other, trying to convince the government to let an industry draft its own regulatory laws — could aptly be described as Herculean....

As the Outpost noted in a previous post, the proposed ordinance hinges on the addition of “cannabis” to the county’s definition of general agriculture. Once that change was in the books, Bruner explained, cannabis could be grown on any parcel in the county where general ag is currently allowed — including land zoned for timber production (TPZ). The exception would be within the Coastal Zone since the California Coastal Commission won’t allow it.
HUMBOLDT COUNTY CANNABIS CULTIVATION COMPLIANCE INITIATIVE

◼ Chiv has questions: Why should a group that won't identify it's board be trusted with input on an ordinance they seek to gain from? - John Chiv/Words Worth
◼ Chiv updates: California Cannabis Voice Humboldt's new site with board member list - John Chiv/Words Worth

Wednesday, July 08, 2015

Lovelace v Wilson?

...for Third District Supervisor?
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Mike Wilson is currently the Third District Harbor District Commissioner.

Will it be Wilson v. Lovelace? OR Is Lovelace not running for re-election, leaving the race open?

I'm betting Salzman backs Wilson.

◼ Matt's heard: Little birdies have been calling me this week asking who the heck Mike Wilson is and why he is asking for support (money and endorsements) for his 2016 3rd District Supervisor race. - Matthew In The Middle/LoCo

Tuesday, July 07, 2015

Vincent and Rodney Ortiz cases

"Things escalated at the spur of the moment when the decedent called my client a white boy" - John Chiv/Words Worth Jul 3, 2015

Vincent Ortiz was not held to answer on the murder count of Daniel Colegrove. He was only held to answer for one of the attempted murder counts, that for Roger Surber. Mr. Elvine-Kreis' 995 motion seeks to dismiss charges against Vincent Ortiz for the jury trial.

Defense motion to continue Rodney Ortiz homicide jury trial develops into a matter of laughter for defendants; 995 motion to dismiss certain charges against Vincent Ortiz will be decided by next week - John Chiv/Words Worth Jul 3, 2015

Rodney Ortiz was held to answer on all charges, one attempted murder and two attempted murder counts after the preliminary hearing.
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For detailed coverage and followup on cases that make headlines and cases that don't... ◼ BOOKMARK John Chiv's Blog. The attorneys, prosecutors, witnesses and juries, the day to day goings on in the courtrooms, it's all there. One of the more interesting blogs in Humboldt County, and well worth your time.

For the record

Benjamin Carter jury trial date moved a week; People's offer clarified by DA Maggie Fleming in court - John Chiv/Words Worth Jul 2, 2015

In response to this post ... ◼ http://johnchiv.blogspot.com/2015/07/people-make-offer-of-four-years-to-be.html, District Attorney Maggie Fleming told me today today's trial assignment calendar was called, that misinformation had been provided regarding the People's offer and that she wanted to correct the information.

On record in court, Ms. Fleming told the Judge that there has been "no other offer" made in the defense case. The People's offer "has always been that Mr. Carter plead to the remaining count and admit the prior strike and a six year term."

For detailed coverage and followup on cases that make headlines and cases that don't... ◼ BOOKMARK John Chiv's Blog. The attorneys, prosecutors, witnesses and juries, the day to day goings on in the courtrooms, it's all there. One of the more interesting blogs in Humboldt County, and well worth your time.

Wednesday, July 01, 2015

The murder charge has already been dismissed.

People make offer of four years to be served at eighty percent in Carter case - John Chiv/Words Worth Jul 1, 2015

Earlier: Defense offer at time of trial confirmation was to stipulate to the upper term and to "strike prior strike",and "to serve 3 years at fifty percent" Mr. Michael Acosta told me outside court. Mr. Acosta is representing Carter.

Benjamin Carter jury trial date moved a week; People's offer clarified by DA Maggie Fleming in court - John Chiv/Words Worth Jul 2, 2015