Wednesday, April 30, 2008

A statesman

Many stories were told today. By college classmates and lifelong friends. From Cal Poly to Humboldt. Great adventures, love, commitment, and politics.

But the line that stands out is that while many call Roger Rodoni a politician, what he was is a statesman, and there's a difference.

A simple line. But very true.

From the Eureka Reporter: Community gathers to remember Roger Rodoni ...He served three terms on the Humboldt County Board of Supervisors, and was campaigning for re-election.

He was said to directly get to the bottom of things, described by another as a “statesman” and not a politician.

“If all politicians were like Roger we would be so much better off,” Walther said.


The Times Standard reports Standing room only at supervisor's memorial ...Every single folding chair set up in Belotti Hall -- one of the larger venues at the Humboldt County Fairgrounds in Ferndale -- was filled for Rodoni's memorial service Wednesday afternoon. The overflow of those paying their respects lined both sides of the large room and gathered three or four deep along the back wall....

The Journal has devoted an issue to Roger.

We will all miss you, Roger.

Gundersen held to stand trial - UPDATED

TS Blue Lake police chief held for trial
An arraignment on the information has been scheduled for May 12.
ER Gundersen to answer to 19 charges

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

****

Tuesday, April 29, 2008

Earthquake

map source
map source
A moderate earthquake occurred at 8:03:06 PM (PDT) on Tuesday, April 29, 2008. Preliminary report
The magnitude 5.4 event occurred 18 km (11 miles) ESE of Willow Creek, CA. The hypocentral depth is 18 km (11 miles).

Down to 5.2 on subsequent report.

What happens next?

Hank has answers
Discussion:
Eric A correction regarding the upcoming election
Eric The hiatus is over
"heraldo" Rodoni widow seeks appointment
Related:
TS Rodoni's wife asks to be appointed to his board seat

An excellent choice.

Rodoni's wife asks to be appointed to his board seat
...In her letter to the governor, Johanna Rodoni makes clear she felt she could not wait to request the appointment.

”I wish there were no need for the writing of this letter, but the tragic and sudden loss of my husband, Humboldt County Supervisor Roger Rodoni, creates this need, and the time frames outlined in the California Codes necessitate that I contact you right away,” Johanna Rodoni wrote.

”Normally,” Johanna Rodoni continued in the letter, “families are left to grieve in their own time and in their own way, but because my husband was in the midst of a campaign, and was a champion for the rights of his constituents, normal protocol must be suspended. I am honored to be in a position to take up where Roger left off in his role of being a strong, 'straight forward' voice on the Board of Supervisors, advocating for individual rights, common sense, honesty, and always keeping in mind the people for whom his position of county supervisor was created.”...


Governor, I hope you are listening.

Thursday, April 24, 2008

Words fail.


Roger Rodoni died Thursday in a car accident leaving his family, friends and community reeling.
Memorial Service
Wednesday, April 30 at 2 p.m.
Belotti Hall, Humboldt County Fairgrounds
in Ferndale, CA

TS Humboldt County Supervisor Roger Rodoni killed in car crash
ER Car crash claims life of Supervisor Roger Rodoni
We loved ya, Roger.
Hank. In Memoriam
Mirror. Roger Rodoni killed
Mirror Rodoni retold
EkoVox. A Rodeo Cowboy's Prayer
Ernie. Roger Rodoni
Carol & Greg. Roger Rodoni killed in car accident
Eric. In case you haven't heard - Roger left us tonight
Eric Ed's thoughts on Roger
Ed Roger Rodoni
Richard. RIP Cowboy
Boy Most Likely.Sending my thoughts and Prayers
Cristina. Roger Rodoni, 1940 – 2008
Fred Roger
Joel Untitled
"heraldo" Supervisor Rodoni killed in car accident
"heraldo" Election status
"heraldo" Gov to appoint Rodoni replacement
Andrew Rest in peace, Mr. Rodoni
ER Coroner: Rodoni died from blunt force head injuries
TS Rodoni dies in 101 crash
TS Influential politician also was a philosophical rancher and artist
TS Thompson issues statement on death of Rodoni
TS Tears, memories and an empty chair
ER Supervisors, friends mourn loss of Rodoni
ER Roger Rodoni, RIP
TS Governor will name replacement supervisor
TS According to Roger: Humboldt County's most quotable public figure, in his own words
TS He was Humboldt to his soul
Carol and Greg Rodoni Services Wednesday
ER Roger Rodoni: The mark of a man
SF Chronicle Humboldt County supervisor killed in car accident
KCRA Humboldt County Supervisor Killed In Wreck
The Governor Gov. Schwarzenegger Issues Statement
TS Rodoni's wife asks to be appointed to his board seat
Eric The hiatus is over
"heraldo" Rodoni widow seeks appointment
NCJ The Journal has devoted an issue to Roger.
Roger Rodoni's Obituary
ER Community gathers to remember Roger Rodoni
TS Standing room only at supervisor's memorial

Letters:
ER Cattle industry lost a friend in Roger Rodoni
ER Rodoni’s death shows a need to emphasize safe roads, communities
ER Mike Thompson remembers Roger Rodoni
ER County will miss Rodoni; statesman, voice, friend

Appointment:
TS Walking a timeworn path to office
TS Johanna Rodoni appointed to finish husband's term
ER Governor appoints Johanna Rodoni to supervisor seat
Hank Schwarzenegger Appoints Johanna Rodoni
Jack BREAKING NEWS: Johanna Rodoni appointed to fill 2nd District seat

...Over State Office Building Number 1, across from the State Library and just west of the Capitol, inscribed in granite is the saying from a Samuel Foss poem “Bring Me Men To Match The Mountains” ...To me, Roger was of one of those of whom Samuel Foss spoke...
....Eel River Ernie in remembrance on (the other) Ernie Branscomb's Blog.
Mirror Something new to argue about
Eric SoHum Parlance: Johanna was appointed
heraldo Gov appoints Johanna Rodoni
TS Campaign urging votes for Rodoni
From the TS editorial:
The Schizophrenic Second
North Coast Journal Blogthing — ncjournal.wordpress.com.)
ER Rodoni sworn in amid standing ovation
TS Johanna Rodoni sworn in before appreciative audience
JN All The Pieces - The candidates for Humboldt County Supervisor on jobs, land use, law enforcement and trails
ER Candidate contributions update
A measure of courage

from Ukiah


UDJ UHS teacher arrested after marijuana raid
A tip from a neighbor led to the discovery by Ukiah Police Department officers of a 150-plant commercial marijuana growing operation in a facility leased by a Ukiah High School teacher, according to police reports. Ukiah police officers raided the grow rooms at around 3:30 p.m. Monday at a storage facility in the 700 block of North State Street. Police said more arrests may follow.

Chris Dewey, UPD chief, said a search warrant was obtained by officers for the storage facility after a nearby resident called and filed a complaint about the smell.

Dewey said the investigation led to the arrest of UHS teacher Jeff Duane Burrell, of Calpella.

When officers arrived on scene only a series of dim green lights were illuminated in the grow rooms. UPD Capt. Justin Wyatt said the reason the high-voltage, high-heat grow lights situated directly above the plants were off at the time of the raid was because they had been set by a series of timers that were attached the operation's homemade electrical system.

"They do their best to duplicate the growing cycle," he said, motioning towards the fixtures above. "I think right now this is supposed to simulate night."

In the small space between the two doors was an automated trimming appliance called a TrimPro which officers said utilized a series of whirling blades to clip leaves away from the buds. The device was named Best Trimming Product in 2005 by "High Times."

Dewey said the loose wiring and high voltage involved was the most dangerous part of the operation.

"This is typical of illegal growing operations," he said. "The amount of electricity being used didn't fit the building. They were using four to five times as many kilowatt hours as the average household. This is just an accident waiting to happen."


PD Ukiah teacher faces pot charges

...Burrell and Laino's arrests are the latest in a string of high-profile marijuana cases that local authorities say underscore how pervasive pot growing has become in the county.

In January, a veteran Ukiah fire captain was arrested at her home for marijuana cultivation, along with her son and another man. Sheriff deputies last November seized 39 pounds of dried pot from the Redwood Valley home of the former budget and finance officer in the county's District Attorney's Office.

A 7-hour coerced statement - 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 Jane Doe “felt coerced” into making statements
Testimony during David Gundersen’s preliminary hearing Wednesday revealed a different view on evidence that led to his arrest for spousal rape.

“Jane Doe 1” testified that she “felt coerced” by officials working in the Humboldt County Sheriff’s Office into making a statement about non-consensual sex with Gundersen.

Jane 1 testified that she never filled out a report with the HCSO about the non-consensual sex, and felt “lured” by the HSCO to talk about it.

She said it was never her intention to have Gundersen prosecuted and the only reason she is testifying is because she is under subpoena by the District Attorney’s Office.

The meeting turned into a seven-hour interview with three officials from HCSO, she said, including Lt. Dave Morey, where Doe 1 testified they wanted to talk about the non-consensual sex, and that she felt coerced to do so.

Doe 1 also brought up Margaret Gundersen, David Gundersen’s former wife, who also works at the HCSO.

She felt Margaret Gundersen orchestrated the interview because of a custody battle she was engaged in with David Gundersen, and wanted the interview to end.

“I wasn’t comfortable,” Doe 1 said. “I wasn’t OK with it.”

For more: ER Gundersen's hearing transcripts

TS Key witness in Gundersen case says testimony coerced
”I believe that there was a plan and I was part of it,” Jane Doe 1 said during cross examination by defense attorney Russell Clanton.

She claimed the investigators grilled her for about seven hours -- not letting her leave to take medication or smoke a cigarette -- and coerced her statements that Gundersen repeatedly raped her while she was under the influence of the sleeping aid Lunesta.

At some point, Jane Doe 1 testified, she asked for Gundersen's ex-wife, employed by the sheriff's office, to come into the room in hopes she would stop the examination. But she also testified that Gundersen's ex-wife had always hated him, and because of that had orchestrated the surprise interview.


TS Experts: Little impact from coercion charges in Gundersen case
University of California Hastings professor of law David Levine said the situations surrounding Doe's interview sound unusual, but likely don't cross the line into coercion. For the interview to have truly violated Doe's rights, Levine said, investigators would have had to deprive her of basic necessities like food, water, access to a bathroom or necessary medication.
***

ER Doe 1: ‘I don’t think I would have ever come forward’ 4/24/08
At the end of Wednesday’s session, Doe 1 made it clear that it was never her intention to press charges on Gundersen. She also said she “felt coerced” by the several people at Humboldt County Sheriff’s Office to make statements she would otherwise not have made during a seven-hour interview.

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

****

Assault Teams and Code Enforcement?

The DA who plans to use his ASSET FORFEITURE FUNDS to buy semiautomatic weapons (AR-15s) and outfit his investigators with assault team gear to go with the weapons now wants the CODE ENFORCEMENT OFFICERS to be under his control?

Isn't that the only conclusion you can reach after reading today's article? At first it looks like he is trying to disassociate from the Code Enforcement guys following the contentious upheaval of the past couple of weeks, but read all the way through...

Remember that? - The controversy stemmed from a number of residents who say that county code enforcers are collaborating with law enforcement and using building code inspections to obtain access to private property and go after marijuana growers.

If Gallegos wants to arm his regular investigators with semi-automatic weapons to go on ASSET FORFEITURE RAIDS, won't the Code Enforcement Team be invaluable? And will they then be armed with AR-15s?

DA rescinds code enforcement officers’ police powers

Humboldt County District Attorney Paul Gallegos said he has rescinded the Code Enforcement Unit officers’ police powers granted under his authority, but county staff said the move doesn’t stick.

The county’s Code Enforcement Unit controversy has been broiling publicly since April 4 when the Civil Liberties Monitoring Project held a town hall meeting in Garberville to hear rural residents’ allegations of excessive police force to remedy building code violations.

While it is not directly in response to that meeting, Gallegos said Wednesday that he doesn’t want the “life-and-death” responsibility to deputize those officers who could shoot someone or may be shot if he has no authority over them.

“To ask me to deputize someone with those responsibilities and to have no oversight over them is wrong,” Gallegos said. “I refuse to participate in that.”

...Interim County Counsel Wendy Chaitin, whose office oversees the Code Enforcement Unit’s two armed officers, said Wednesday that Gallegos’ action isn’t so simple.

She and other county administrators don’t believe the officers’ police powers have been stripped because of Gallegos’ action to rescind his authority.

However, because the DA doesn’t want to participate in the current structure where he deputizes her employees, Chaitin said she voluntarily agreed last week to disarm Code Enforcement officers Jeff Conner and John Desadier while everything is being sorted out.

“We are all in discussions and are working on ways to best structure the unit,” Chaitin said.

Also in agreement that the DA’s action doesn’t rescind the officer’s deputized status is County Administrative Officer Loretta Nickolaus, who said she learned of Gallegos’ announcement in an e-mail circulated Wednesday.

Nickolaus said the DA can’t direct personnel actions for employees not under his control.

That’s not how Gallegos sees it and he said the intent of his action was to remove the Code Enforcement Unit officers’ weapons and badges under his authority, which he said he believes he’s effectively done.

Despite the apparent inter-department conflict, Gallegos said he supports Chaitin, the Code Enforcement Unit and the work they are trying to do, although he might not necessarily support everything they have done.

...Just how the issue will be resolved is uncertain, but Gallegos offered his preference for where the code enforcement officers should end up.

Because the officers are armed and due to the nature of their work, Gallegos said he believes code enforcement might better fall under his direction.

“It’s a natural fit in this office,” Gallegos said.

If they were assigned to work under him as investigators, Gallegos said he would deputize them.

“But as it stands right now, the arrangement isn’t good for anyone,” Gallegos said.....


Just take a look at what he has done to the other programs under his control and you';ll have a pretty good idea what he can do to this one.

Wednesday, April 23, 2008

CA Supreme Court Denies Paul Gallegos' Petition for review & depublication request(s)

Down in flames! Again. NEVER EVEN MADE IT TO TRIAL.
TS High court won't hear Palco case 4/24/08
TS Supreme Court won't reverse Palco case decision
ER District Attorney Paul Gallegos' fraud lawsuit halted by California Supreme Court

Docket (Register of Actions) PEOPLE EX REL. GALLEGOS v. PACIFIC LUMBER Case Number S161003

04/23/2008 - Petition for review & depublication request(s) denied
02/19/2008 - Petition for review filed
.....The People, appellants by Christa K. McKimmy, Deputy District Attorney
02/19/2008 - Request for depublication (petition for review pending)
.....The People, appellant by Paul V. Gallegos, District Attorney
02/21/2008 - Record requested
02/27/2008 - Received Court of Appeal record
.....file jacket/briefs/loose papers/one box
02/27/2008- Opposition filed
.....The Pacific Lumber Company, et al., respondents to request for depublication filed by appellant by Edgar B. Washburn, counsel
03/06/2008 - Request for depublication filed (another request pending)
.....Office of the Attorney General Deputy Attorney General Daniel A. Olivas
03/06/2008 - Request for depublication filed (another request pending)
.....City and County of San Francisco by Danny Chou, Chief of Complex and Special Litigation, Office of the City Attorney
03/10/2008 - Answer to petition for review filed
.....The Pacific Lumber company, Scotia Pacific Company LLC, and Salmon CreekLLC, respondents by Edgar B. Washburn, Morrison & Foerster LLP, counsel
03/12/2008 - Opposition filed to Depub request by Respondents
.....The Pacific Lumber company et al, to California Attorney General's request by Edgar B. Washburn, Morrison Foerster, counsel
04/15/2008 - Time extended to grant or deny review
.....The time for granting or denying review in the above-entitled matter is hereby extended to and including May 19, 2008, or the date upon which review is either granted or denied.
04/23/2008 - Petition for review & depublication request(s) denied George, C.J., was absent and did not participate.

Poor Ken Miller. Poor It ain't over until it's over - Ken Miller. Ya know, Ken - it is finally over.

Today's coverage - Douglas and Zanotti

***URGENT UPDATE/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.
***

TS Commanding officers plead not guilty
EUREKA -- Former Eureka Police Chief David Douglas and Lt. Tony Zanotti pleaded not guilty Tuesday in Humboldt County Superior Court to charges of involuntary manslaughter stemming from their decision-making roles in the 2006 police shooting death of Cheri Lyn Moore.

The two defendants were indicted Dec. 3, 2007, by a criminal grand jury, more than a year and a half after Moore's death.

While entering the pleas, attorneys for Zanotti and Douglas said the defendants waived their right to a speedy trial but retained the right to file motions to dismiss the case and demurrers on the indictments, which Douglas' attorney Bill Bragg later said would have to specifically target the indictments' wording as being ambiguous or invalid.

Superior Court Judge John Feeney scheduled a status-review hearing on the case for Aug. 26, but said he expected to see it return to his chambers before then on potential motions.


ER Officers plead not guilty in Moore death
Defense lawyers also asked the court to release exhibits it held from the grand jury, including questions written by jurors.

Judge John T. Feeney approved the request and said they should be ready by next Tuesday at the latest.

Another topic discussed at the arraignment was a request by the Eureka Times-Standard for evidence exhibits introduced by the Humboldt County District Attorney’s Office.

Feeney said the exhibits, including those to be provided by the court relating to the grand jury, would be placed in the public record.


Related coverage Links to articles, letters and Op-Eds

Today's coverage - 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

****

Aside from what was reported yesterday - questions about immunity
ER Both “Jane Does” testify, immunity deals criticized
Immunity is usually granted so people don’t incriminate themselves, said University of San Francisco Law Professor Robert Talbot.

In this case, Doe 2 pleaded the Fifth Amendment and received an immunity deal.

Doe 1, however, was offered an immunity deal when being interviewed by investigators from his office, not for being on the stand, Gallegos said after the hearing.

If Doe 1 pleads the Fifth, immunity could be offered to her, he said.


TS Defense questions alleged rape victim
When Jane Doe 1 took the stand, she testified that she would not have appeared without having been subpoenaed. She testified that she was hired by former Blue Lake Chief Floyd Stokes, and became romantically involved with Gundersen while on the police force in 2001. They married in 2005, she said.

Jane Doe 1 said that she had been looking for photographs that might have been taken without her consent before she talked to law enforcement about something Gundersen had been doing to her “that was not all right.”

She said she later learned that some photos had been discovered on a computer hard drive owned by Gundersen, which had been seized during a warrant search on his McKinleyville home in February.

Clanton objected to the line of questioning, saying it appeared its purpose was meant to smear Gundersen's character.

Gallegos argued that the photos offer circumstantial evidence to corroborate Jane Doe 2's claims that she was raped under the influence of a controlled substance.


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

****

Tuesday, April 22, 2008

Douglas, Zanotti enter not guilty pleas

***URGENT UPDATE/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.
***

update in TS, more tomorrow Former Eureka Police Chief David Douglas and Lt. Tony Zanotti pleaded not guilty this afternoon in Superior Court to charges of involuntary manslaughter.

Related coverage Links to articles, letters and Op-Eds

Wha-? Why?

TS Redway man flees, drowns in river
WEOTT -- A traffic stop turned fatal Sunday afternoon after a Redway man reportedly ran from a Humboldt County Sheriff's deputy, jumped over a 60-foot embankment and drowned in the Eel River. ...The man was identified as Andrew Jackson Gressett, 24... At about 12:10 p.m. Sunday, a Sheriff's deputy pulled over the man on Avenue of the Giants north of Weott.

”After initially failing to yield, the driver of the vehicle pulled to the side of the road and jumped over a 60-foot embankment toward the river,” the Sheriff's news release stated.


ER - Gressett had two outstanding warrants out for his arrest, HCSO spokesperson Brenda Godsey said....

The passenger, 21-year-old Kelly Elizabeth Stradinger, of Redway, was eventually arrested, the HCSO said. She reportedly continued to fail to comply with the deputy's instructions and kicked him several times while her dog bit him in the leg. Stradinger was arrested for resisting/obstructing a peace officer and misdemeanor possession of marijuana...

More on yesterday's hearing - 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

****

From today's ER ...Clanton requested a continuance based on having received more evidence from the Humboldt County District Attorney’s Office the day before...

...District Attorney Paul Gallegos argued against the continuance on the grounds that the additional evidence shouldn’t significantly increase the workload for the defense...

...After the recess, Reinholtsen said his presiding over the hearing might present a conflict of interest, since his brother is a member of the law firm representing Jane Doe No. 1....

...After moving to another courtroom presided over by Judge John T. Feeney, Gallegos called Jane Doe No. 2 to the stand....

,,,Although Jane Doe No. 2 couldn’t remember the date that it occurred, she testified that at some point she and Gundersen started dating and eventually moved in together.

In March 1999, she testified, Gundersen forced her to have sex after an argument in their McKinleyville home about his marital status....

...She said she reported the incident to the Eureka Police Department because she feared the Humboldt County Sheriff’s Office would do nothing – Gundersen’s ex-wife worked there at the time....

...Toward the end of the hearing, Clanton asked Jane Doe No. 2 whether she made any arrests with Gundersen when she worked at the TPD. Jane Doe No. 2 pleaded the Fifth Amendment, which is invoked when someone doesn’t want to incriminate themselves.

After Feeney said he would appoint a public defender for Jane Doe No. 2, Gallegos offered her immunity for anything she might say on the stand and said he would bring paperwork to today’s hearing.

“That should enable her to testify,” he said.

After the proceeding, Gallegos said he didn’t know she was going to plead the Fifth, but added that it wasn’t unusual.... Read the rest

The ER also has a log of the testimony. Read it here

TS 'Jane Doe 2' tells court of rape by Blue Lake chief
TS EPD reportedly didn't follow up on 1999 rape report

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

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