Guns - UPDATED

UPDATED:

◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012

****

The DA wants weapons, Blue Lake has more weapons than even he planned to get, Mendo's DA Vroman had weapons - do they need 'em?
TS Blue Lake's gun arsenal called shocking

Until recently, the Blue Lake Police Department had a chief, a sergeant, two officers and 27 submachine guns.

TS Feds eye firearms in Gundersen case

Both state and federal law are fairly clear about possessing a submachine gun or a pistol with a silencer: It's illegal in California, and illegal in the United States without a special permit from the ATF. Under California law, the penalty for possession of a machine gun is an unspecified prison term, up to a $10,000 fine, or both. For possession of a silencer it's the same.

But state law allows a law enforcement agency to buy machine guns, and for officers to have them and silencers -- as long as they use them in an official capacity and within the scope of their duties. In fact, there is no limit on the number of submachine guns an agency can have, said California Department of Justice spokesman Abraham Arredondo...

So far, Gallegos has charged Gundersen with two gun crimes. They are related to the H&K MP5 submachine gun reportedly found in a safe in his garage and the pistol with a silencer. Gallegos alleges Gundersen was in unlawful possession of both under violations of penal codes related to individuals.

updated Related coverage, with links

UPDATED:

◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012

****

Cases to watch

TS Teacher's aide, assistant youth director arrested on molestation charges
TS Alleged child molester pleads not guilty
TS More charges filed against accused child molester
TS DA: Investigation into child molestation case could take two weeks

it gets weirder - Two new reports on Gundersen case - UPDATED

UPDATED:

◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012

****

TS Gundersen, alleged second victim were living together, report says

While planning the couple's wedding, the woman said she got into an argument with Gundersen after discovering he was still married to his now ex-wife, according to the report.

”Gundersen grabbed Victim 2 with both hands and started pushing her into the living room and then down the hallway towards their bedroom,” the report of the interview states. “Once in the bedroom, Gundersen pushed her on the bed. ... At this point, Gundersen took his handgun out of his holster. Victim 2 was threatened by the gun and was concerned what Gundersen was going to do.”

In the report's description of the alleged rape, Gundersen is said to put down the gun, at which point the woman states she contemplated picking it up and shooting Gundersen but she said couldn't bring herself to do it because Gundersen's two sons were in the other room.

The report states the woman said she left Gundersen the next day, and made a report to Eureka Police Sgt. Len Johnson 19 days later.

TS lInvestigation report: Gundersen's ex-wife also alleges drugging, rape

"(Gundersen's ex-wife) noticed shortly after she drank her wine, approximately 45 minutes, she would become sleepy and have to go to bed,” the report states.

The ex-wife is also reported as saying that on one occasion she noticed a white sediment in the bottom of her glass.

”She started to realize that Dave may be drugging her and then raping her,” the report states. “She inventoried her medication and found her unopened bottle of Ambien had been opened and 3 1/2 pills were removed."

Blue Lake's gun arsenal called shocking

Until recently, the Blue Lake Police Department had a chief, a sergeant, two officers and 27 submachine guns,,, Eureka Police Chief Garr Nielsen said EPD's SWAT team, which was disbanded last year, didn't have a single fully automatic weapon.,, Reached Tuesday, Blue Lake City Manager Wiley Buck said the department acquired the submachine guns about a year ago, but had no intent to use them and didn't pay for them.

”We didn't purchase any of them,” Buck said. “They were free from other departments or free from companies. ... They were just sitting in boxes; we never used them.”

Buck said Gundersen acquired the guns with the intent of loaning them out to other local agencies. Buck said the department loaned two of the submachine guns to the Rio Dell Police Department in exchange for traffic monitoring devices.

Rio Dell Police Chief Graham Hill confirmed that his department did have two of Blue Lake's Colt AR-15s for a while, but returned them after Gundersen's arrest.

updated Related coverage, with links

UPDATED:

◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012

****

Gallegos tries appeal to the CA Supreme Court

Ya just have to laugh.

DA petitions Supreme Court

Humboldt County District Attorney Paul Gallegos is asking the California Supreme Court to review his fraud lawsuit against Pacific Lumber Co. that has failed three times to pass legal muster.

Gallegos said this time the influential environmental group Sierra Club is also asking the court to hear the case.

“We’ll see what happens,” Gallegos said in a phone interview Monday.

The district attorney’s case, filed in 2003 in Humboldt County Superior Court, and subsequent amended suits were dismissed on demurrer, which effectively throws out the suit on a lack of legal merit.

After hearing legal arguments from Gallegos and a city of San Francisco attorney on his behalf in December, the California Appellate Court justices blasted his case and concluded in a rare 23-page published ruling and opinion in January that Gallegos failed to prove — on his third attempt — any “reasonable possibility” that his case could be corrected to move forward.

Gallegos confirmed Monday that he has petitioned the state’s top court seeking judicial review of the Appellate Court’s ruling, which he wrote is in “clear error” and effectively denies the government a platform to prosecute cases where the underlying administrative proceedings were corrupt.

In addition to seeking judicial review, Gallegos is asking the Supreme Court to order the depublication of the appeal court’s opinion, which would prevent other courts from citing it as case law.

Gallegos’ suit alleges that PALCO intentionally committed fraud in an effort to increase timber harvesting by manipulating watershed sediment reports during the environmental review that led to the signing of the controversial Headwaters Deal in 1999.

But the courts have maintained that PALCO’s submission of an allegedly erroneous report and the subsequent resubmission of corrected data was protected by the “litigation privilege” that protects communications made as part of a judicial or quasi-judicial proceeding.

Gallegos argues that to grant immunity to an applicant who submits false information erodes the integrity of the system and disempowers the administrative agencies from fulfilling their mandate.

Except in certain death penalty cases, the California Constitution affords no automatic right to appeal before the Supreme Court, which is only granted as a matter of discretion, according to the Supreme Court Web site.

In his letter to the California Supreme Court, Gallegos said the “reasons why courts must shield litigants from derivative litigation are the very same reasons why courts must allow an exception to these evidentiary shields when the path to truth was muddied beyond the point of recourse.”

“In such an instance, a collateral attack under the (Unfair Competition Law) is the only form of equitable relief through which the government can stop an ongoing fraud,” Gallegos wrote.

In a response, PALCO Vice President and General Counsel Frank Bacik described Gallegos’ new filings as “vague assertions that everybody is wrong except Paul Gallegos.”

“The trial court is wrong, the court of appeal is wrong, Palco is wrong,” Bacik said.

Bacik said Gallegos argues that the Supreme Court should carve out an exception to the company’s constitutional right to petition administrative agencies, and also create a special provision for criminal prosecutors who feel like reopening final administrative and environmental review proceedings in order to have the last word on the accuracy and truthfulness of the process.

“His filings contain a series of slogans that lack reason, explanation or basis for either de-publication of the appellate court’s opinion or grant by the Supreme Court for a review of that opinion,” Bacik said.

As an example, Bacik cited Gallegos’ statement to the court that “the clear errors that the trial court committed and the appellate court affirmed obstruct not only the sanctity of 211,000 acres of Humboldt forest timberland, but also the very ‘paths which to lead to [sic] the ascertainment of truth.’”

“Whatever that means, it hardly presents a reasoned legal argument,” Bacik stated. “We’re eager to hear what the California Supreme Court makes of it, and interested to see how long Mr. Gallegos intends to continue beating this long-dead horse at considerable expense to the taxpayers of Humboldt County.”

It is unclear how much the five-year legal battle has cost taxpayers because Gallegos indicated in an e-mail correspondence previously that his office doesn’t keep such records.

“We have an overall budget,” Gallegos wrote. “There are attorney hours, which we don’t keep. I do not believe we had any other costs.”

Gallegos indicated he is still waiting to receive PALCO’s claim of costs, which the court ruled the county would have to pay.

PALCO officials declined to disclose the amount of legal fees it has incurred defending the lawsuit.
***
TS Gallegos asks Supreme Court to review Palco ruling

Humboldt County District Attorney Paul Gallegos is asking the state Supreme Court to review an appellate court's ruling that allowed his fraud suit against the Pacific Lumber Co. to be tossed out. He also is requesting that the Supreme Court order “depublication” of the opinion.

”We would like the court to review it,” Gallegos said Monday.

Palco Vice President Frank Bacik said in a news release that the “filings contain a series of slogans that lack reason, explanation or basis for either depublication of the appellate court's opinion or grant by the Supreme Court for a review of that opinion.”

”The new filings appear in the form of vague assertions that everybody is wrong except Paul Gallegos. The trial court is wrong, the court of appeal is wrong, Palco is wrong,” Bacik said.

The lawsuit, filed in February 2003, claimed Palco submitted faulty studies during the Headwaters Forest negotiations to get the California Department of Forestry to adopt a less restrictive long-term logging plan. Gallegos' second amended complaint was thrown out of Humboldt County Superior Court by visiting Judge Richard Freeborn, a ruling upheld by the appeals court.

The logging plan was part of the agreement to sell the 7,400-acre Headwaters Forest and other groves for $480 million. Gallegos argued that the company secured it by submitting false data on landslides in one watershed and not submitting a correction until the last minute.

The appeals court judges determined that Palco's lobbying efforts with the state were the real force behind CDF's decision to drop the stricter logging plan and adopt a less restrictive one. They found the California Environmental Quality Act proceedings during the Headwaters discussions were the appropriate venue to consider if any evidence presented was false.

Those lobbying efforts are privileged under state unfair competition laws, the ruling reads. The court also determined that Palco is protected by the Noerr-Pennington Doctrine that shields anyone petitioning the government or government agencies against civil liability, unless they are engaged in a “sham.”

Palco's efforts didn't meet the definition of a sham, the judges wrote in the ruling.
***
The best commentary so far Gallegos seeks stinging rebuke from even higher court Humboldt Mirror
Or, this from the Onion - Plan 'L' Switched To :) Enjoy.

So-o-o-o ya gonna cancel the "Un-Dam the Klamath Benefit Dinner?"

Now that the Northcoast Environmental Center has rejected the Klamath River Restoration Agreement (ie: dam removal) it seems a bit ummm, hypocritical to go forward with this event - or maybe 'revealing' is a better word - It seems that even though they had a seat at the negotiating table and were part of crafting the agreement, they are now reneging in order to preserve their cash cow, the right to predatory litigation. (worth millions - they don't need your $15 donation).

Speaking out of both sides of their mouth, they say Help support the movement to bring down the Klamath River dams by attending this Klamath Benefit Dinner at the Bayside Grange in Arcata on March 14, 7 p.m. The fundraiser is a Klamath Riverkeeper event, co-sponsored by the Northcoast Environmental Center, Karuk Tribe Department of Natural Resources and Humboldt Baykeeper. and on the other hand spit on the agreement they helped craft.

Isn't it nice? All the predatory litigants in one nice little package.

Lesson for any future negotiators - there is no point in inviting these guys (the environmental orgs) to the table, no point in soliciting their input, and no reason to trust them whatsoever. The Headwaters Deal tells you that. This latest action tells you that.

You've gotta be kidding.

The activist's are getting their money's worth with Gallegos. Even though his case has been tossed again and again and again, and even though the Appellate Court justices laughed at him, and said in no uncertain terms that even though he has amended his case three times, it has no hope of success, no basis in law - Gallegos has filed a petition for review with the California Supreme Court.

I'm told he has also filed for depublication of the Appellate Court decision. but no verification as of yet.

02/21/2008
Service copy of petition for review received. Filed by plaintiff/appellant People of State of California
02/27/2008
Record transmitted to Supreme Court.

How much more time and money is going to get wasted on this piece of shit?

Hank had it first
Eric has a thread going...

Judge raises Gundersen's bail to $1.25 million - UPDATED

UPDATED:

◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012

****

TS - Judge raises Gundersen's bail to $1.25 million
ER Judge more than doubles Gundersen’s bail to $1,250,000

Related coverage, with links

UPDATED:

◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012

****

Pointing a flare gun

Just interesting... regarding pointing flare guns at police...
Police kill flare-gun-wielding C. Fla. man

A 62-year-old convicted pedophile shot and killed while holding a flare gun Wednesday was a Sunday school teacher and assistant pastor at a Central Florida church, police said.

Sheriff's deputies and Orlando police officers were performing surveillance on the man, who was wanted on charges of capital sexual battery on a 7-year-old.

Orange deputies shoot, kill sex-offense suspect wielding flare gun

About 3:15 p.m., deputies saw the man head for his parked Toyota Corolla and try to drive away, Orange County Sheriff's Office spokesman Jim Solomons said.

The deputies turned on the lights and sirens on their unmarked car and ordered him to stop, Solomons said. When the 62-year-old man raised a loaded, single-shot flare gun wrapped in a cloth and pointed it at them, the deputies fired, Solomons said.

"They did what they're supposed to do, which is to take defensive action," Sheriff Kevin Beary said.

The man was flown to Orlando Regional Medical Center, where he was pronounced dead.

The comment threads are particularly interesting.

Gallegos to face difficulty upholding burden of proof - UPDATED

UPDATED:

◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012

****

Gundersen’s attorney: Gallegos to face difficulty upholding burden of proof

Blue Lake Police Chief David Gundersen’s attorney, Russell J. Clanton... said he’s reviewed the amended complaint that Humboldt County District Attorney Paul Gallegos filed Wednesday, which added four charges to the 15 already alleged against Gundersen. But he hasn’t received all of the evidence.... said he was troubled by the timing Gallegos chose to file the new charges — the day Gundersen was scheduled to have a preliminary hearing...

“It appears the DA is developing his case as we go forward,” Clanton said. He said it’s horribly unfair, and called it a “witch hunt” and “character assassination.”

TS Gundersen's lawyer: A 'witch hunt'

Clanton said he believes the charges are rooted in an ongoing custody battle between Gundersen and his ex-wife, who is an employee with the Humboldt County Sheriff's Office.

While Clanton said he still holds that opinion, it appears there are people in the law enforcement community “with an ax to grind.” He also said evidence to support the latest charges are trickling in from the DA's office, putting the defense at a disadvantage.

Gallegos said “everyone will hear what the facts are and they'll be tested in court, as opposed to someone saying something.”

TS Court documents shed light on Gundersen case

...The court documents outline how the allegation of spousal rape was initially reported, list items reportedly found during law enforcement searches and offer some insight as to why District Attorney Paul Gallegos is now labeling Gundersen's wife {Jane Doe}, the alleged victim, as a hostile witness.

According to the documents, the case developed on Feb. 8 over the course of about 14 hours, beginning with the alleged victim being interviewed by law enforcement, followed by the issuance of search and arrest warrants, Gundersen's arrest and his wife later stepping back from her allegations....

The probable cause document states that during the meeting she claimed her husband had sex with her “hundreds of times” while she was incapacitated after she took sleeping pills, most recently the night before. She also reported finding photographs taken without her knowledge on a computer about six months earlier and confronting her husband about them.

While the timeline is unclear, according to the same document, Gundersen's current wife and his ex-wife spoke while she was at the McKinleyville substation, where his ex-wife works as an office clerk. At some point, the ex-wife relayed information to Morey, which prompted his involvement in the investigation, the document states....

It also states the alleged victim had previously told the ex-wife about her concerns regarding Gundersen, and had given the ex-wife an external hard drive from Gundersen's home computer, which she believed to contain non-consensual nude photographs of her.

The alleged victim, referred to as Jane Doe, was questioned in a videotaped interview at the substation. District Attorney Paul Gallegos said Thursday that there is law to support admitting the videotaped interview as evidence in court...

”Jane said that is what she told us, but now in her mind the sex was consensual,” the report states. “I asked Jane if the suspect asked her if he could have sex with her. Jane said no. I asked Jane if the suspect knew she was under the influence of a sleeping aid. Jane said yes, the suspect told her to take it. I stated the suspect knew she was under the influence of a sleeping aid, and he had sex with her, without her permission. Jane said yes. Jane said now, in her mind, it was consensual sex.”

...”If we have evidence of other criminal activity, we'll file charges,” Gallegos said. “The defendant has the right to a trial and the presumption of innocence always applies. The burden of proof is always on us.”

Related coverage, with links

UPDATED:

◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012

****

A recurring story

Writer says DA and media think mountain lions more newsworthy than crimes

Dear Editor,

Are the residents of Humboldt County more concerned with a mountain lion attack or being a victim of a criminal attack? The local newspapers seem to think that mountain lions are more of a threat and more newsworthy than the criminal element infesting our streets.

I arrive at that conclusion because when I submitted a letter to both newspapers regarding my being an assault victim, both papers declined to publish it because it was too long. I thought the news outlets would be interested in knowing that, based on my own experience, prosecuting criminals does not appear to be a high priority for our District Attorney’s office. I was wrong.

Apparently, it’s not news when a man is assaulted and beaten by four alcohol-influenced street punks in “Friendly Fortuna” and only two are prosecuted. It’s also not news when the D.A.’s office is apathetic about conducting an investigation even after stating three times that they would.

It must not be news that if my wife had not urged concerned citizens to write letters to the D.A. they wouldn’t have prosecuted anyone, despite one or more being on probation at the time of the assault.

I guess it’s also of no interest that the investigator, who didn’t have time to investigate, called to let me know my wife was not a credible witness. She was on the phone with the 911 dispatcher before the creeps jumped me. She watched the entire incident, but she’s “not credible

By Manny Mello, Fortuna
Published: Feb 27 2008, 6:13 PM

What, no DA asset forfeiture assault team?

ER - Deputies, officers raid two locations in Southern Humboldt

On Wednesday evening, the Humboldt County Sheriff’s Office was assisted by the Humboldt County Code Enforcement Unit and Humboldt County Drug Task Force in serving a search warrant on a parcel of property located off Woods Ranch in Redway.

TS - Redway pot busts net pot plants, assault rifles More than 3,500 marijuana plants, three assault rifles, two diesel generators, 80 pounds of pot and two quad runners were seized from two pieces of property in Redway earlier this week, the Humboldt County Sheriff's Office said today.

Search warrants were served on two parcels of property off Woods Ranch on Monday and Tuesday by the Sheriff's Office, the Humboldt County Code Enforcement Unit and the Humboldt County Drug Task Force.

No suspects were at the property searched on Monday, but a suspect has been identified through evidence found on the property, the Sheriff's Office said in a statement. An arrest warrant for marijuana cultivation, possession for sales of marijuana and possession of LSD will be requested through the Humboldt County District Attorney.

Officers seized 2,570 growing marijuana plants that ranged in size from 1 inch to 4 feet from three structures. They also seized three assault rifles and a small amount of LSD from the residence on the property. Lastly officers seized two quad runners and a 70-kilowatt diesel generator that was supplying power to the indoor pot growing operation.

On Tuesday, law enforcement personnel served another search warrant at another parcel of property off Woods Ranch. They seized 1,251 growing marijuana plants that ranged in size from 1 inch to 4 feet from four structures on the property. Officers also seized a 15 kilowatt diesel generator that was supplying power to an indoor growing operation and 80 pounds of dried pot on the property.

Two Redway men were arrested on charges of cultivation of marijuana and possession of marijuana for sales. David Shriver, 36, posted bail, and Eric Eastridge, 31, is still in custody and bail has been set at $30,000.

State of mind

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: TS State of mind

Friends of Cheri Lyn Moore questioned during grand jury proceedings that led to charges of involuntary manslaughter against top Eureka police officials seem to disagree over whether her death might have been, as a defense expert insisted, suicide by cop.

An expert provided by Lt. Tony Zanotti, SWAT team commander on April 14, 2006, told the grand jury that Moore showed a number of signs that she was suicidal and that she intended for police to kill her. Expert George Williams said that any non-suicidal suspect faced with three armed policemen would have surrendered.

”The police weren't out there fishing for this,” Williams told the grand jury under questioning by Humboldt County District Attorney Paul Gallegos. “She initiated this action....”

More On Gunderson charges UPDATED

UPDATED:

◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012

****

ER Four new charges against Gundersen

They include one felony count of allegedly using a firearm to kidnap or carry away an alleged victim for the purpose of rape around March 7, 1999 — an alleged violation of California Penal Code 209 (b)(1).

This alleged victim is not Gundersen’s wife or his former wife, Gallegos said. The alleged offense is considered a felony under PC 1192.7 (c)(8) and a violent felony under PC 667.5 (c)(8).

Gundersen is further accused of one felony count of allegedly selling, offering to sell, possessing or knowingly transporting a Heckler & Koch MP5 machine gun — around Feb. 8 — an alleged violation of PC 12220 (a)....

The third charge — one felony count of possessing a silencer for firearms — also occurred near Feb. 8. It is an alleged violation of PC 12520.

Lastly, he was charged with one count of allegedly violating California Vehicle Code Section 1808.45, for disclosing information from an unnamed-department record, using false representation to obtain the record, using the information for a purpose other than what it was requested for, or participating in the sale or distribution of the information without prior disclosure around Sept. 28.

Gundersen pleaded not guilty to all four counts. At his arraignment on Feb. 13, he pleaded not guilty to all the previous charges.

TS Gundersen faces new charges of kidnapping, possessing a machine gun

Gundersen's wife, one of the alleged victims in the case, was in court with her attorney. Gallegos asked the judge to order her return to court Monday, stating she may be a hostile witness.

”We clearly expect her to be a hostile witness,” Gallegos said after leaving court. “Her interests now are hostile -- not in the sense of swinging -- but hostile to the case.”

Feeney made the order, and Gallegos said he expects the alleged victim to be on the witness stand for several hours Monday.

TS Blue Lake changed policy to allow Gundersen, wife to work together
Related coverage, with links

UPDATED:

◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012

****

Gundersen faces additional charges - UPDATED

UPDATED:

◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012

****

The Times-Standard reports Gundersen faces additional charges.

The Humboldt County District Attorney's Office charged Blue Lake Police Chief David Gundersen, who already stands accused of spousal rape, with more counts today, including the kidnapping and rape of another victim and selling, attempting to sell or transporting a machine gun.
Gundersen already stood accused of 12 counts of spousal rape while using “an intoxication and anesthetic substance,” as well as several charges allegedly committed while in custody: Attempting to prevent a victim from reporting a crime, willfully violating a court order and being in possession of a controlled substance without a prescription....

Related coverage, with links

UPDATED:

◼ Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012

****

More testimony emerges

‘Fatal funnel’ for law enforcement in Cheri Lyn Moore stand off

Updated list of Cheri Moore related coverage with links HERE