URGENT ALERT! This case was TOSSED by the Judge - never made it to trial.
☛ ER http://eurekareporter.com/article/080826-judge-throws-out-douglas-zanotti-case
Feeney said the indictments the grand jury handed down to Douglas and Zanotti in December 2007 weren’t supported by probable cause. Insufficient evidence regarding the former leaders’ alleged failure to oversee other law enforcement was also presented to the grand jury, Feeney said, and instructions given on “exigent circumstances” were inadequate.
The grand jury should have also been instructed on justifiable homicide by law enforcement officials, Feeney said.
***
Original post: Unable to make a decision himself, Gallegos has finally done it:
Grand Jury convenes in Moore case
EUREKA -- The Humboldt County District Attorney's Office convened a criminal grand jury Monday to decide whether to bring charges in the death of Cheri Lyn Moore, who was shot by Eureka police after a 2006 standoff.
District Attorney Paul Gallegos has said he was considering such a move for months but because grand jury proceedings are held in secret by law, he did not commit to making such a move. Gallegos said Monday that the judge ruled the court would remain closed, and he consequently couldn't comment any further on the day's proceedings...
No reason to have these as secret deliberations.
Tuesday, November 06, 2007
Monday, November 05, 2007
Rules are for little people
That darling of the Gallegos forces, Recall-shill Steve Schectman is about to hit the news again. Just think, he coulda been your DA. It's another case of the Gallegos side figuring they can do anything they want, while they seek to shut everyone else down...
Check out this weeks BOS Agenda Item J-1, on an abatement hearing for Vilica LLC - Steven Schectman, President.
J. ADMINISTRATIVE ABATEMENT HEARINGS
Code Enforcement Unit
1. Administrative Abatement Hearing Vilica LLC; A.P. # 522-012-002, 522-013-004 and 522-013-010
RECOMMENDATION: That the Board of Supervisors, pursuant to Humboldt County Code sections 351-21 and 351-22 hold an administrative hearing to determine whether a public nuisance exists on the subject property; adopt findings and issue an Order consistent with the evidence presented at the hearing.
159 page pdf file... with pics
Anybody know what Vilica LLC is?
IS HE STILL WORKING FOR THE DA'S OFFICE? 'CAUSE, OH, MAN!!!!
Looks like he has an illegal building, an illegal greenhouse and illegal roads for his property held under the name Vilica LLC. Vilica LLC returns to him with the secretary of state. On his applications to correct, the road will end at the "garden site."
No wonder he can afford to work "pro bono" - No wonder he so desperately wanted to keep Gallegos in office
Looks like there's some kind of partner or something, or Schectman is looking at transferring this to Haven Kozak, Haven Kozak - Paradise Palms Nursery LLC. - Looks like he got the funds for his "business" "Paradise LLC from a local community development lender...
and on 11/16/05 it looks like Haven Kozak had a matter pending in federal court: 11:00 AM (r)CR-04-0285 UNITED STATES v. JOHN KUHRY (NC), HAVEN KOZAK(NC), KENNETH SHEPP(NC)
reserved for Motions/Trial Setting
John Kuhry's Motion to Suppress
Kenneth Shepp's Motion to Suppress -
charged federally with possession with intent to distribute.
developing....
Fascinating testimony in front of the board today - from what I gather - Schectman claims to have sold the land to Paradise Palms LLC, but he's undertaken cleanup...it's TPZ land near Hoopa plateaus cleared, no blade of grass, several sites with 4, 5, 6 approx. 40 x 100 foot greenhouses, "cabins" built, water diverted from a nearby creek, runoff into the creek, roads cut into the hillsides - amazing really - whaddya want to bet that this is ok with the same segment of thye community that is against people building a family home.
developing...
Irony
Land stewardship course offered
The Humboldt County UC Cooperative Extension encourages current or prospective landowners who would like to better understand rural property, develop goals and objectives for possible resource improvement, and produce a management plan to achieve those goals in an ecologically and economically sustainable manner to register now for a workshop and field trip that will take place Friday and Saturday.
The workshop will address topics such as evaluating a property’s potential, establishing economic and ecological goals, formulating a business plan, and additional agricultural or timber-related economic opportunities for a property.
The Humboldt County UC Cooperative Extension encourages current or prospective landowners who would like to better understand rural property, develop goals and objectives for possible resource improvement, and produce a management plan to achieve those goals in an ecologically and economically sustainable manner to register now for a workshop and field trip that will take place Friday and Saturday.
The workshop will address topics such as evaluating a property’s potential, establishing economic and ecological goals, formulating a business plan, and additional agricultural or timber-related economic opportunities for a property.
Saturday, November 03, 2007
TPZ protest draws crowd
ER TPZ protest draws crowd
TS Large turnout for TPZ protest
County Supervisor Roger Rodoni spoke to the crowd and was welcomed with a round of applause.
”I always knew you were out there,” Rodoni said. “There are people in here (the courthouse) who don't know you're out there.”
Update: The magnanimous and all-knowing heraldo/Mark Lovelace has posted a counter flyer, spelling out his version of the facts in this case. Don't be fooled. For Lovelace this is all about Palco - that is the only reason Humboldt Watershed Council exists.
Related stories and Updates:
ER Supes to block PALCO plan? 10/7/2007
ER Supervisors pass TPZ ordinance 10/10/2007
ER PALCO bankruptcy-related timberland ordinance returns to board agenda 10/21/2007
ER Board of Supervisors should stand up for private-property rights 10/22/2007
ER Board shows its myopic view of private property 10/23/2007
ER Supes defer TPZ ordinances to Planning Commission 10/24/2007
ER Bankruptcy judge orders mediation 10/24/2007
TS Proposed TPZ revisions sent to Planning Commission 10/24/2007
ER TPZ landowners, residents form Humboldt Property Alliance 10/25/2007
A new group called Humboldt Property Alliance announced a protest/petition signing on Nov. 3 at noon in front of the county Courthouse.
Organizers said in a news release that members of the alliance — which was formed this week — have banded together because of the Humboldt County Board of Supervisors’ “emergency” ordinance suspending new construction on timber production zone land.
The alliance is concerned about the “emergency” ordinance and addresses that on its Web site at www.humpropalliance.org:
ER Board will hold TPZ public hearing Nov. 6
ER 'Drastic' action by supes strips property owners of rights
TS Misinformation from county staff on TPZ land 10/27/2007
ER Supes can show they value landowners by canceling ordinance 10/28/2007
ER Supervisors misinformed about timber production zone lands 10/31/2007
ER Timberland issue should be decided via general plan process 11/1/2007
ER TPZ ordinance opposition grows 11/3/2007
ER TPZ protest draws crowd 11/4/2007
ER Supes to mull extending TPZ rule 11/4/2007
ER Rights vs. tidy planning in TPZ lands 11/5/2007
ER Official says supes' TPZ motion, staff action don't conflict 11/5/2007
“That’s not contradictory,” Girard said on Monday. “The Forestry Review Committee is a group of foresters that comment on technical matters, (such as) the planting and harvesting of trees.”
He said what the FRC will review is “a single question — when is a house necessary to timber management?”
ER New group spawned by timberlands issue sponsors phone poll 11/5/2007
Supes will not extend moratorium 11/6/2007
“The community at large does not trust PALCO,” Geist said. “The community at large does not trust the Board of Supervisors.”
TS TPZ brings up tough questions that demand answers 11/09/2007
ER Results pending in TPZ phone survey; policy still in review 11/11/2007
ER Forestry Review Committee to continue TPZ discussion 11/12/2007
Ambulance Chasing yougofree.com style
Absolutely HILARIOUS! Kevin's Humboldt Review recently featured former Humboldt County prosecutor Jeff Schwartz, who discussed his new "Humboldt Center for Constitutional Rights."
His "Mission Statement" is Too often, people and organizations in Humboldt County have their basic state and federal constitutional rights violated. The Humboldt Center for Constitutional Rights was established to provide those people and organizations who have suffered constitutional violations such as assaults on the right to assemble and petition the government, race discrimination and police abuse, pro bono legal representation and support necessary to right the constitutional wrong.
Think about his dismal record in the DA's Office, his handling of the Whitethorn rapists case, wonder how she'd feel about this.
He says The Center is a grass roots organization funded by individuals and organizations that care about human rights.
Here's where he explains the modern day AMBULANCE CHASING" He calls it an EVENT MONITORING PROGRAM... Part of any 21st Century civil rights organization must be the use of 21st Century technology. We intend to monitor events in and around Humboldt County when we anticipate constitutional violations. We need volunteers who can assist us in setting up appropriate monitoring devices at hot spot events. We feel strongly that the monitoring of a public event with audio and visual recording devices will in and of itself prevent the abuse of constitutional rights by law enforcement, or at least cause hesitation and circumspection before law enforcement acts. Companies that insure law enforcement offers are known to visually record most planned events. But seldom, if ever, do those videos become available to the wronged person. We need our own.
The Center for Constitutional Rights is open for business. The inspiration behind the Center started when our Director, Arcata Attorney Jeffrey Schwartz, who was new to Humboldt County at the time, saw firsthand at the Humboldt County Courthouse the dismal lack of organization and legal representation of anti-war protesters and immigration reform protesters arrested by local law enforcement agencies. These protesters, exercising their rights to assemble and voice their opinions about the Iraq War and Immigration Reform, were arrested and charged with crimes commonly associated with protesting -- resisting arrest, battery on a police officer and other lesser offenses and infractions. The arrests and prosecutions of these protesters cause a chilling affect on others who would even think of protesting in the future.
What was most troubling to Jeff was the lack of legal support and pro bono representation by local lawyers who believe in the same cause as the arrested protesters but did not get involved. In larger communities in California and around the country lawyers and support personnel are matched to the protester before and throughout all legal proceedings.
The lack of organization in Humboldt County, not the lack of care and concern of many lawyers in the community, was the reason some devoted local lawyers did not get involved, which Jeff found deeply disappointing.
The Center therefore will organize, encourage, prod and beg the good legal community to be there for all of us who simply exercise our constitutional rights or live our lives under the protection of the Constitutions of California and the United States.
The Center expects to be the focal point, the clearinghouse, the lightning rod or whatever it takes to make sure those whose rights are violated have a voice to speak for them and with them in order to right the wrong.
Remember - this is the man who was assigned to head up the Child Abuse Services Team (CAST) - who never filed a single case.
Funny. I didn't see him at the TPZ rally today at the Courthouse. I guess they're not the kind of people whose rights he cares about. Maybe he was in disguise.
His "Mission Statement" is Too often, people and organizations in Humboldt County have their basic state and federal constitutional rights violated. The Humboldt Center for Constitutional Rights was established to provide those people and organizations who have suffered constitutional violations such as assaults on the right to assemble and petition the government, race discrimination and police abuse, pro bono legal representation and support necessary to right the constitutional wrong.
Think about his dismal record in the DA's Office, his handling of the Whitethorn rapists case, wonder how she'd feel about this.
He says The Center is a grass roots organization funded by individuals and organizations that care about human rights.
Here's where he explains the modern day AMBULANCE CHASING" He calls it an EVENT MONITORING PROGRAM... Part of any 21st Century civil rights organization must be the use of 21st Century technology. We intend to monitor events in and around Humboldt County when we anticipate constitutional violations. We need volunteers who can assist us in setting up appropriate monitoring devices at hot spot events. We feel strongly that the monitoring of a public event with audio and visual recording devices will in and of itself prevent the abuse of constitutional rights by law enforcement, or at least cause hesitation and circumspection before law enforcement acts. Companies that insure law enforcement offers are known to visually record most planned events. But seldom, if ever, do those videos become available to the wronged person. We need our own.
The Center for Constitutional Rights is open for business. The inspiration behind the Center started when our Director, Arcata Attorney Jeffrey Schwartz, who was new to Humboldt County at the time, saw firsthand at the Humboldt County Courthouse the dismal lack of organization and legal representation of anti-war protesters and immigration reform protesters arrested by local law enforcement agencies. These protesters, exercising their rights to assemble and voice their opinions about the Iraq War and Immigration Reform, were arrested and charged with crimes commonly associated with protesting -- resisting arrest, battery on a police officer and other lesser offenses and infractions. The arrests and prosecutions of these protesters cause a chilling affect on others who would even think of protesting in the future.
What was most troubling to Jeff was the lack of legal support and pro bono representation by local lawyers who believe in the same cause as the arrested protesters but did not get involved. In larger communities in California and around the country lawyers and support personnel are matched to the protester before and throughout all legal proceedings.
The lack of organization in Humboldt County, not the lack of care and concern of many lawyers in the community, was the reason some devoted local lawyers did not get involved, which Jeff found deeply disappointing.
The Center therefore will organize, encourage, prod and beg the good legal community to be there for all of us who simply exercise our constitutional rights or live our lives under the protection of the Constitutions of California and the United States.
The Center expects to be the focal point, the clearinghouse, the lightning rod or whatever it takes to make sure those whose rights are violated have a voice to speak for them and with them in order to right the wrong.
Remember - this is the man who was assigned to head up the Child Abuse Services Team (CAST) - who never filed a single case.
Funny. I didn't see him at the TPZ rally today at the Courthouse. I guess they're not the kind of people whose rights he cares about. Maybe he was in disguise.
Upcoming meetings
Timber ordinance extension on tap
Humboldt County supervisors will consider on Tuesday extending a controversial moratorium on issuing permits to build on land zoned for timber production.
The staff report reads that since the board isn't meeting on Nov. 13 or Nov. 20, it has to consider the extension before the ordinance runs out on Nov. 24. The report recommends an extension for 90 more days, while the planning commission works to hammer out permanent rules for building in the timber production zone, or TPZ.
If it's not extended, county staff maintains, issuing building permits received during the gap between the new ordinance and the initial temporary ordinance could have substantial unintended consequences....
...Staff has scheduled a Forest Review Committee hearing to discuss a slate of changes to the existing county policy on building in TPZ. That meeting, on Wednesday, will go over proposed changes to make it necessary to show that any home built in TPZ must be necessary for managing the forest; must have water storage sufficient to carry the residence through dry periods and prevent drawing down streams; and is compatible with adjacent landowners' habitat conservation plans, among others.
Those recommendations would be passed to the planning commission for a Nov. 15 meeting. The Board of Supervisors would hear the commission's recommendations on Dec. 11.
In the meantime, said the Humboldt Watershed Council's Mark Lovelace, there is a concern that people may take advantage of the gap to file permit applications that wouldn't meet the standards set by future ordinances.
”There's a concern that people will file anything to have their foot in the door,” Lovelace said.
That last statement is really astounding. Are we really going to govern that way? ...there is a concern that people may take advantage of the gap to file permit applications that wouldn't meet the standards set by future ordinances.
Man. That's amazing. I'm stunned.
IF YOU GO:
What: TPZ proposed emergency ordinance extension
Where: Humboldt County Courthouse
When: Tuesday, 1:30 p.m.
Humboldt County supervisors will consider on Tuesday extending a controversial moratorium on issuing permits to build on land zoned for timber production.
The staff report reads that since the board isn't meeting on Nov. 13 or Nov. 20, it has to consider the extension before the ordinance runs out on Nov. 24. The report recommends an extension for 90 more days, while the planning commission works to hammer out permanent rules for building in the timber production zone, or TPZ.
If it's not extended, county staff maintains, issuing building permits received during the gap between the new ordinance and the initial temporary ordinance could have substantial unintended consequences....
...Staff has scheduled a Forest Review Committee hearing to discuss a slate of changes to the existing county policy on building in TPZ. That meeting, on Wednesday, will go over proposed changes to make it necessary to show that any home built in TPZ must be necessary for managing the forest; must have water storage sufficient to carry the residence through dry periods and prevent drawing down streams; and is compatible with adjacent landowners' habitat conservation plans, among others.
Those recommendations would be passed to the planning commission for a Nov. 15 meeting. The Board of Supervisors would hear the commission's recommendations on Dec. 11.
In the meantime, said the Humboldt Watershed Council's Mark Lovelace, there is a concern that people may take advantage of the gap to file permit applications that wouldn't meet the standards set by future ordinances.
”There's a concern that people will file anything to have their foot in the door,” Lovelace said.
That last statement is really astounding. Are we really going to govern that way? ...there is a concern that people may take advantage of the gap to file permit applications that wouldn't meet the standards set by future ordinances.
Man. That's amazing. I'm stunned.
IF YOU GO:
What: TPZ proposed emergency ordinance extension
Where: Humboldt County Courthouse
When: Tuesday, 1:30 p.m.
Friday, November 02, 2007
Stay tuned, boys and girls
You're going to get a chance to see just how much respect "heraldo" and the rest of the DUHC-type protest community have for real grassroots efforts. You're going to learn just how much respect they have for kids who take the intiative to speak out. And you're going to learn just how much respect they have for you who own property.
For a classic civics lesson, head on over to "heraldo's" blog where you'll see him slime the kids, evoke the Palco bugaboo (because oh my god, no one could get together en masse without funding from palco, it msut be about palco, palco, palco - oh, and arkley, arkley, arkley......)
It's all about this ad. (Text here) It's all about the property owners, who "heraldo" views as collateral damage - it's about making sure that no one gets a chance to buy property outside of a city subdivision, that no one gets to live off the grid, in the country on more than 1/10th of an acre, because that would be "s-p-r-a-w-l-l-l-l-l-l" Never mind that you chose to live here because you don't want to live in a city, "heraldo" has plans for you. How dare the people who actually own property stand up for themselves?
Oh, yes, this is going to be interesting, alright.
pdf file from County site/ Board Agenda item
For a classic civics lesson, head on over to "heraldo's" blog where you'll see him slime the kids, evoke the Palco bugaboo (because oh my god, no one could get together en masse without funding from palco, it msut be about palco, palco, palco - oh, and arkley, arkley, arkley......)
It's all about this ad. (Text here) It's all about the property owners, who "heraldo" views as collateral damage - it's about making sure that no one gets a chance to buy property outside of a city subdivision, that no one gets to live off the grid, in the country on more than 1/10th of an acre, because that would be "s-p-r-a-w-l-l-l-l-l-l" Never mind that you chose to live here because you don't want to live in a city, "heraldo" has plans for you. How dare the people who actually own property stand up for themselves?
Oh, yes, this is going to be interesting, alright.
pdf file from County site/ Board Agenda item
Thursday, November 01, 2007
Gallegos' Schizophrenic DA's Office w/update
Attempted murder charge dropped
The Humboldt County District Attorney’s Office announced Thursday it would not pursue some of the charges against a man who had been accused of shooting at a Humboldt County sheriff’s deputy.
The announcement came at a preliminary hearing for Jason Ryan Omholt, 29, of Eureka, who was arraigned in January on charges of attempted murder, assault with a deadly weapon on a peace officer, being a felon in possession of a firearm, and possession and transportation of methamphetamine...
...Omholt and Cooke, with a third man identified as Waymond Hiat Kelly, are suspected of a string of armed robberies in Eureka and surrounding areas during a four-month period in 2006.
Cooke was shot and killed Jan. 4 in a vacant Albee Street residence during an exchange of gunfire with law enforcement officers.
That same day, Kelly was arrested after a high-speed chase in Mendocino County.
Omholt was arrested the previous day at a Spring Street residence following a standoff with police.
As Klein told the court Thursday he would not move forward with three of the charges against the defendant, Omholt smiled, bobbed his head repeatedly and even stuck out his tongue at Braud, who was seated in the audience.
But the dismissal of charges Thursday did not in any way spell the end of Omholt’s legal troubles.
By one estimate, more than 80 charges are still pending against him, many of which stem from his suspected involvement in the string of seven armed robberies of local gas stations and markets in 2006.
And in the case under consideration Thursday, Omholt will still be held to answer for the methamphetamine charges...
We'll see. Will this play out like the Whitethorn Rapists? Another case of criminals get a pass while regular citizens get prosecuted?
***
2009 UPDATE:
Repeat Offenders, armed and dangerous
☛ TS Shotgun brandished in home invasion robbery
photo source
☛ Rio Dell Times Home Invasion
The Humboldt County District Attorney’s Office announced Thursday it would not pursue some of the charges against a man who had been accused of shooting at a Humboldt County sheriff’s deputy.
The announcement came at a preliminary hearing for Jason Ryan Omholt, 29, of Eureka, who was arraigned in January on charges of attempted murder, assault with a deadly weapon on a peace officer, being a felon in possession of a firearm, and possession and transportation of methamphetamine...
...Omholt and Cooke, with a third man identified as Waymond Hiat Kelly, are suspected of a string of armed robberies in Eureka and surrounding areas during a four-month period in 2006.
Cooke was shot and killed Jan. 4 in a vacant Albee Street residence during an exchange of gunfire with law enforcement officers.
That same day, Kelly was arrested after a high-speed chase in Mendocino County.
Omholt was arrested the previous day at a Spring Street residence following a standoff with police.
As Klein told the court Thursday he would not move forward with three of the charges against the defendant, Omholt smiled, bobbed his head repeatedly and even stuck out his tongue at Braud, who was seated in the audience.
But the dismissal of charges Thursday did not in any way spell the end of Omholt’s legal troubles.
By one estimate, more than 80 charges are still pending against him, many of which stem from his suspected involvement in the string of seven armed robberies of local gas stations and markets in 2006.
And in the case under consideration Thursday, Omholt will still be held to answer for the methamphetamine charges...
We'll see. Will this play out like the Whitethorn Rapists? Another case of criminals get a pass while regular citizens get prosecuted?
***
2009 UPDATE:
Repeat Offenders, armed and dangerous
☛ TS Shotgun brandished in home invasion robbery
photo source☛ Rio Dell Times Home Invasion
Pity? Glimmer of an explanation...
Perhaps someone looked at Gallegos' brief and realized how absolutely pathetic it was, and took pity on him, so submitted this amicus brief to try to bail him out,
S.F. comes to county's defence
The San Francisco city attorney added a chapter to District Attorney Paul Gallegos’ alleged fraud case against Pacific Lumber Co. Tuesday, when he filed an amicus curiae brief with the appellate court.
Gallegos said that an amicus brief is usually filed by a third party interested in the outcome of a legal case as a “friend of the court.” The purpose of such briefs is to comment on issues not raised in the appellant’s opening brief, or lend additional weight to those arguments.
He said the filing of such briefs is common practice, mentioning the fact that his office wrote a similar brief for a case in Los Angeles, which may limit the ability to enforce regulations on long-term care facilities.
Gallegos confirmed that he sent confidential e-mails to district attorney’s offices throughout the state soliciting comment on the PALCO case.
The amicus brief, submitted by San Francisco City Attorney Daniel Herrera, focused on the trial judge’s use of Noerr-Pennington doctrine to justify PALCO’s alleged fraud as free speech.
Noerr-Pennington doctrine is a legal expansion of the First Amendment right to petition the government. The amicus brief states that while Noerr-Pennington may apply, what is relevant is the sham exception to the doctrine.
The sham exception, which alleges that fraudulent speech cannot be used while petitioning the government, has been upheld in federal court, according to the brief.
Danny Chou, San Francisco’s chief of appellate litigation, prepared the amicus brief.
“We were concerned with the trial court’s finding,” Chou said. “Because petitioning, like the right to free speech, is not absolute.”
“Specifically concerning fraudulent statements to administrative agencies that affect their decisions,” he said, “our concern is less related to particular facts and more concerned with the general legal concept.”
The trial court ruled in favor of PALCO in June 2005. Gallegos later filed his appeal, which alleged that PALCO committed fraud by submitting faulty documents and lying to state and federal agencies during the Headwaters negotiations in 1999.
Gallegos said his briefs have been filed with the appellate court and he is waiting for the announcement of a date to begin oral arguments.
The district attorney reiterated his position that Noerr-Pennington does not apply in this case, but recognized how the amicus brief is helpful in addressing that aspect.
“When you deprive an administrative agency of their ability to do their job (by allowing fraudulent speech), you render that process a sham,” Gallegos said. “If the trial court’s ruling is correct, then it really limits law enforcement, district attorneys and the Attorney General’s Office from enforcing honesty and candor in administrative procedure.”
Edgar Washburn, attorney for PALCO, had little to say when reached Wednesday. He said his office will respond to the brief within the required 20 days, but that he hasn’t had time to review it.
by Steve Spain, The Eureka Reporter, 11/1/2007
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
S.F. comes to county's defence
The San Francisco city attorney added a chapter to District Attorney Paul Gallegos’ alleged fraud case against Pacific Lumber Co. Tuesday, when he filed an amicus curiae brief with the appellate court.
Gallegos said that an amicus brief is usually filed by a third party interested in the outcome of a legal case as a “friend of the court.” The purpose of such briefs is to comment on issues not raised in the appellant’s opening brief, or lend additional weight to those arguments.
He said the filing of such briefs is common practice, mentioning the fact that his office wrote a similar brief for a case in Los Angeles, which may limit the ability to enforce regulations on long-term care facilities.
Gallegos confirmed that he sent confidential e-mails to district attorney’s offices throughout the state soliciting comment on the PALCO case.
The amicus brief, submitted by San Francisco City Attorney Daniel Herrera, focused on the trial judge’s use of Noerr-Pennington doctrine to justify PALCO’s alleged fraud as free speech.
Noerr-Pennington doctrine is a legal expansion of the First Amendment right to petition the government. The amicus brief states that while Noerr-Pennington may apply, what is relevant is the sham exception to the doctrine.
The sham exception, which alleges that fraudulent speech cannot be used while petitioning the government, has been upheld in federal court, according to the brief.
Danny Chou, San Francisco’s chief of appellate litigation, prepared the amicus brief.
“We were concerned with the trial court’s finding,” Chou said. “Because petitioning, like the right to free speech, is not absolute.”
“Specifically concerning fraudulent statements to administrative agencies that affect their decisions,” he said, “our concern is less related to particular facts and more concerned with the general legal concept.”
The trial court ruled in favor of PALCO in June 2005. Gallegos later filed his appeal, which alleged that PALCO committed fraud by submitting faulty documents and lying to state and federal agencies during the Headwaters negotiations in 1999.
Gallegos said his briefs have been filed with the appellate court and he is waiting for the announcement of a date to begin oral arguments.
The district attorney reiterated his position that Noerr-Pennington does not apply in this case, but recognized how the amicus brief is helpful in addressing that aspect.
“When you deprive an administrative agency of their ability to do their job (by allowing fraudulent speech), you render that process a sham,” Gallegos said. “If the trial court’s ruling is correct, then it really limits law enforcement, district attorneys and the Attorney General’s Office from enforcing honesty and candor in administrative procedure.”
Edgar Washburn, attorney for PALCO, had little to say when reached Wednesday. He said his office will respond to the brief within the required 20 days, but that he hasn’t had time to review it.
by Steve Spain, The Eureka Reporter, 11/1/2007
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
Wednesday, October 31, 2007
Hank's Up and Running
Check Out The Journal's new Blog at Wordpress
http://ncjournal.wordpress.com/ now added to the links in the sidebar.
Enjoy the ride, Hank.
http://ncjournal.wordpress.com/ now added to the links in the sidebar.
Enjoy the ride, Hank.
Another marijuana grow to blame for Arcata house fire
TS Another marijuana grow to blame for Arcata house fire (with video)
TS Local landlords look for ways to ensure their renters aren't growers
ER Marijuana seized from concert promoter's home
...A People Productions concert promoter was arrested Thursday morning after approximately 27 pounds of marijuana was found at her Benbow residence, said Jack Nelsen, commander of the Humboldt County Drug Task Force.
A search warrant was served at the home of 30-year-old Heather Jessica Lake, Nelsen said, and agents seized the marijuana, including 10 pounds of processed bud, in addition to 549 marijuana plants and more than $12,000 in cash.
Lake’s arrest took place hours before the Snoop Dogg concert in Eureka, an event Lake reportedly told investigators she was involved with...
TS Local landlords look for ways to ensure their renters aren't growers
ER Marijuana seized from concert promoter's home
...A People Productions concert promoter was arrested Thursday morning after approximately 27 pounds of marijuana was found at her Benbow residence, said Jack Nelsen, commander of the Humboldt County Drug Task Force.
A search warrant was served at the home of 30-year-old Heather Jessica Lake, Nelsen said, and agents seized the marijuana, including 10 pounds of processed bud, in addition to 549 marijuana plants and more than $12,000 in cash.
Lake’s arrest took place hours before the Snoop Dogg concert in Eureka, an event Lake reportedly told investigators she was involved with...
Tuesday, October 30, 2007
WTF? Amicus Curiae? SF?
And how did this come about?
Sent to every DA in the state? What? He can't "get Palco" by himself so now he wants the rest of the state to sign on? And the City and County of San Francisco signed on? Is Joe Cotchett involved? Is Stoen? Is this so Gallegos won't have to go do the oral arguments himself?
To all enviros, from Paul Gallegos:
We are interested in any DA's offices that want to file an Amicus Brief in our PL lawsuit. The issue is whether an entity can commit fraud in an administrative hearing and received Noer-Pennington Doctrine immunity and CCP 47(b) protection. Naturally, we believe they do not apply and, if they do, not to 17200 cases brought by a DA, AG, or CA. I have attached the San Franciso City Attorney's Amicus and will provide our briefs if any one is interested in viewing it. There is some time urgency. <<00444879.DOC>> <<00445121.DOC>>
Paul V. Gallegos
District Attorney
Office of the District Attorney, Humboldt County
825 Fifth Street
Eureka, CA 95501
(707) 445-7411
Fax: (707) 445-7416
00444879.DOC AMICUS CURIAE BRIEF OF THE CITY AND COUNTY OF SAN FRANCISCO IN SUPPORT OF APPELLANT a 29 pg. document
00445121 APPLICATION OF THE CITY AND COUNTY OF SAN FRANCISCO FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF APPELLANT a 4 pg pdf document
description-of-amicus-curiae
Update from the Appeals Court:
Amicus curiae brief filed by: Attorney: Danny Yeh Chou
10/30/2007 Amicus curiae for appellant: City and County of San Francisco
Response to amicus curiae brief due to be filed by: Attorney: Edgar Bancroft Washburn Attorney: John Alan Behnke 11/20/2007 Defendant and Respondent: Pacific Lumber Co.
Complete timeline.
And, to really understand just how seriously Paul Gallegos took his Appeal - read his last minute plea for help... he's under a bit of a deadline...
Sent to every DA in the state? What? He can't "get Palco" by himself so now he wants the rest of the state to sign on? And the City and County of San Francisco signed on? Is Joe Cotchett involved? Is Stoen? Is this so Gallegos won't have to go do the oral arguments himself?
To all enviros, from Paul Gallegos:
We are interested in any DA's offices that want to file an Amicus Brief in our PL lawsuit. The issue is whether an entity can commit fraud in an administrative hearing and received Noer-Pennington Doctrine immunity and CCP 47(b) protection. Naturally, we believe they do not apply and, if they do, not to 17200 cases brought by a DA, AG, or CA. I have attached the San Franciso City Attorney's Amicus and will provide our briefs if any one is interested in viewing it. There is some time urgency. <<00444879.DOC>> <<00445121.DOC>>
Paul V. Gallegos
District Attorney
Office of the District Attorney, Humboldt County
825 Fifth Street
Eureka, CA 95501
(707) 445-7411
Fax: (707) 445-7416
00444879.DOC AMICUS CURIAE BRIEF OF THE CITY AND COUNTY OF SAN FRANCISCO IN SUPPORT OF APPELLANT a 29 pg. document
00445121 APPLICATION OF THE CITY AND COUNTY OF SAN FRANCISCO FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF APPELLANT a 4 pg pdf document
description-of-amicus-curiae
Update from the Appeals Court:
Amicus curiae brief filed by: Attorney: Danny Yeh Chou
10/30/2007 Amicus curiae for appellant: City and County of San Francisco
Response to amicus curiae brief due to be filed by: Attorney: Edgar Bancroft Washburn Attorney: John Alan Behnke 11/20/2007 Defendant and Respondent: Pacific Lumber Co.
Complete timeline.
And, to really understand just how seriously Paul Gallegos took his Appeal - read his last minute plea for help... he's under a bit of a deadline...
Monday, October 29, 2007
The Mother of all Long Term Projects
Here is an explanation of the school homework policy:
Students should not spend more than 90 minutes per night. This time should be budgeted in the following manner:
☛ 15 minutes looking for assignment
☛ 11 minutes calling a friend for the assignment
☛ 23 minutes explaining why the teacher is mean and just does not like children
☛ 8 minutes in the bathroom
☛ 10 minutes getting a snack
☛ 7 minutes checking the TV Guide
☛ 6 minutes telling parents that the teacher never explained the assignment
☛ 10 minutes sitting at the kitchen table waiting for Mom or Dad to do the assignment
LONG TERM ASSIGNMENTS
These are given the night before they are due, you understand. This explains the name "long term." It is a long term commitment to time that begins at 9:30 PM and ends at 11:50 PM - or later, the night before it is due. It is important that the whole family is involved in the project. It is imperative that at least one family member races to Walmart/KMart for posterboard, and that at least one family member ends up in tears (does not have to be the student).
One parent needs to stay up and complete the project. The other parent needs to call the school and leave a message that the student is out sick. It is not necessary to have the student's name on the assignment.
THE MOTHER OF ALL LONG TERM ASSIGNMENTS:
While most "LongTerm Projects" are, say 2-6 weeks in reality - ending of course, the night before they are due... this one is, depending on how you look at it - four years and seven or eight months total, or two years and 4 or 5 months...
That's how long Paul Gallegos has been working on his "get Palco lawsuit." Once the judge threw his case out - with prejudice, he had to decide whether or not to appeal that decision. The PR machine kicked into gear, screaming about "the right to lie," but it died down, and almost looked like Gallegos was going to let it die a quiet death. But that would not satisfy his handlers, so he ended up filing his appeal, and recently filed his reply brief, which was due to the First District COURT OF APPEAL September 20th.
Which is why on September 17th - the following plea was sent to 127 other DAs and DOJ, EPA and others around the state in an unrelated email chain:
9/17/2007 2:28 PM
I have some questions re our appeal on the PALCO lawsuit:
Can anyone cite any case that stands for the assertion that applying for a timber harvest plan is "lobbying" and/or "petitioning government" under Noerr-Pennington? What about any authority that says it isn't?
It seems absurd to me that submitting false information in seeking regulatory approval is lobbying or petitioning government and is, therefore, protected from prosecution under the noerr-pennington doctrine. Any thoughts and/or assistance in this matter would be appreciated.
I am in a bit of a deadline... Thursday... so if you can provide any help before then it would be appreciated,
If anyone wants to see our opening brief and their response I would be happy to fax it. Please only ask if you want to assist in this inquiry though.
Your assistance is appreciated.
Paul Gallegos
***
You can't blame this one on the dog.
Students should not spend more than 90 minutes per night. This time should be budgeted in the following manner:
☛ 15 minutes looking for assignment
☛ 11 minutes calling a friend for the assignment
☛ 23 minutes explaining why the teacher is mean and just does not like children
☛ 8 minutes in the bathroom
☛ 10 minutes getting a snack
☛ 7 minutes checking the TV Guide
☛ 6 minutes telling parents that the teacher never explained the assignment
☛ 10 minutes sitting at the kitchen table waiting for Mom or Dad to do the assignment
LONG TERM ASSIGNMENTS
These are given the night before they are due, you understand. This explains the name "long term." It is a long term commitment to time that begins at 9:30 PM and ends at 11:50 PM - or later, the night before it is due. It is important that the whole family is involved in the project. It is imperative that at least one family member races to Walmart/KMart for posterboard, and that at least one family member ends up in tears (does not have to be the student).
One parent needs to stay up and complete the project. The other parent needs to call the school and leave a message that the student is out sick. It is not necessary to have the student's name on the assignment.
THE MOTHER OF ALL LONG TERM ASSIGNMENTS:
While most "LongTerm Projects" are, say 2-6 weeks in reality - ending of course, the night before they are due... this one is, depending on how you look at it - four years and seven or eight months total, or two years and 4 or 5 months...
That's how long Paul Gallegos has been working on his "get Palco lawsuit." Once the judge threw his case out - with prejudice, he had to decide whether or not to appeal that decision. The PR machine kicked into gear, screaming about "the right to lie," but it died down, and almost looked like Gallegos was going to let it die a quiet death. But that would not satisfy his handlers, so he ended up filing his appeal, and recently filed his reply brief, which was due to the First District COURT OF APPEAL September 20th.
Which is why on September 17th - the following plea was sent to 127 other DAs and DOJ, EPA and others around the state in an unrelated email chain:
9/17/2007 2:28 PM
I have some questions re our appeal on the PALCO lawsuit:
Can anyone cite any case that stands for the assertion that applying for a timber harvest plan is "lobbying" and/or "petitioning government" under Noerr-Pennington? What about any authority that says it isn't?
It seems absurd to me that submitting false information in seeking regulatory approval is lobbying or petitioning government and is, therefore, protected from prosecution under the noerr-pennington doctrine. Any thoughts and/or assistance in this matter would be appreciated.
I am in a bit of a deadline... Thursday... so if you can provide any help before then it would be appreciated,
If anyone wants to see our opening brief and their response I would be happy to fax it. Please only ask if you want to assist in this inquiry though.
Your assistance is appreciated.
Paul Gallegos
***
You can't blame this one on the dog.
More World of Good
KT has another World of Good Post that you don't want to miss.
It seems "San Diego is getting support from an unexpected and unbelievably generous source. Check it out here."
I haven't been watching the news the past few days, so let me know if it makes the evening news or CNN.
It seems "San Diego is getting support from an unexpected and unbelievably generous source. Check it out here."
I haven't been watching the news the past few days, so let me know if it makes the evening news or CNN.
Friday, October 26, 2007
Time to fess up, heraldo
I'm all for the concept of anonymous comments, heraldo, but a blog owner is a different story.
And you're not Captain Buhne, just poking fun.
If you are going to talk shit about someone, YOU need to come clean about who YOU are.
I faced the same thing when I decided to start watchpaul. I knew that I would be saying harsh things, and it wouldn't be nice. Therefore I had to be upfront.
It's not that hard. Presumably you have the courage to do it.
(You can discuss it with heraldo here)
And you're not Captain Buhne, just poking fun.
If you are going to talk shit about someone, YOU need to come clean about who YOU are.
I faced the same thing when I decided to start watchpaul. I knew that I would be saying harsh things, and it wouldn't be nice. Therefore I had to be upfront.
It's not that hard. Presumably you have the courage to do it.
(You can discuss it with heraldo here)
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