Watch for it! w/update

arcataeye.com
Arcata Eye Editor Kevin Hoover interviews Scott Burns, deputy director of the White House Office of National Drug Control Policy who was in Humboldt County Tuesday. After going on grow house raids in Eureka with the Humboldt County Drug Task Force, Burns came to Arcata to meet with City and Humboldt State University officials.

A transcript of Kevin's interview will appear in next week's Eye, and the recorded interview will air on KHSU 90.5 FM Friday, July 25 during the KHSU Home Page.

h/t: DT

☛ Arcata Eye Arcata cannabis crisis gets Bush Administration's attention – July 22, 2008

Take a break

Dr. Horrible's Sing-Along Blog
Go watch it while you can (for free)
It's silly, but clever and witty.
Wired - Joss Whedon Waxes Dr. Horrible
The creator of Buffy the Vampire Slayer, Angel, and Firefly - has decided to try something different. He is releasing is latest project on the internet in three parts. part three comes out tomorrow. And all three will vanish the next day. (All acts will stay up until midnight Sunday July 20th. Then they will vanish into the night, like a phantom (but not THE Phantom – that’s still playing. Like, everywhere.)

Heh - buy the t-shirts and stuff - Jinx.com
Read the Master Plan

Timeline change? Now July 31 Gallegos, August 21 defense

***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.***

ER Hearing to dismiss case against former EPD leaders scheduled next month
A hearing on a motion to dismiss the involuntary manslaughter case against two former Eureka Police Department leaders is scheduled for next month.

The Aug. 26 hearing could last between an hour and 1 1/2 hours. Humboldt County District Attorney Paul Gallegos (now) has until July 31 to file his opposing argument to the defense team’s motion. The defense team then has until Aug. 21 to reply to Gallegos’ opposition.
***
Previously reported that Gallegos and the defense agreed to a timeline for the motions to be heard. They set a July 21 deadline for Gallegos to submit an opposition to the defense motion and a July 31 deadline for the defense to respond. TS Motion to dismiss Douglas-Zanotti charges is inching forward

"Hogwash, Mr. Gallegos"

TS - Letter to the Editor

On July 11, District Attorney Paul Gallegos appeared before Humboldt County's Code Enforcement Task Force and shared what the press reported as “his frustrations about” a “mutant” structure where he has no authority over code officers, yet all the responsibility for their actions in the field” (Eureka Reporter, 7-12), and he isn't “comfortable with deputizing code enforcement investigators if they are not his employees” (Times-Standard, 7-12). As is often the case with Mr. Gallegos, the truth is otherwise.

For over seven years I was employed by the California District Attorneys Association as a “circuit prosecutor,” in which I was deputized by elected district attorneys in three counties, including by Gallegos. As my legal authority flowed from these elected DA's to me, at all times I answered in my actions as a deputy DA directly to them. On numerous occasions I pointed out this fact to my supervisors in Sacramento, who sometimes felt that they, as my employer, could direct me in my exercise of the DA's authority.

Mr. Gallegos seeks to have it both ways. He has deputized these peace officers, who act under his authority as code enforcement officers, yet claims he cannot control them as his deputies. This is hogwash. The solution is obvious: Insist that these deputies operate subject to his oversight or remove their authority.

It remains unfortunate that our chief law enforcement officer refuses to take responsibility for his actions, placing blame elsewhere. Citizens should rightly expect leadership and honesty, not platitudes and excuses.

Paul Hagen
Eureka
***

Update: July 22, 2008 Well! That drew a response from the long dormant Salzman Communications Director, once again struggling to defend Paul Gallegos. What don't you know? The Emperor's clothes are spun of the finest silk! With 24 karat gold embroidery on the hem, and the finest jewels on the bodice. Can't you see it? If you can't, according to the chief deceptor Michael Twombly, you must be a "disgruntled" ex-employee. One who was FIRED thanks to Gallegos. Michael Twombly must be the last rat on this sinking ship. Looks like he's trying to thwart anyone running against his boy.

Hagen should do his homework - Letter to the Editor

Mr. Hagen's screed about the District Attorney's problems with Humboldt's code officers (Hogwash, Mr. Gallegos) a is little but a disgruntled ex-employee's self-serving run-up to challenging Gallegos in the next DA election.

Mr. Hagen's circuit prosecutor position with the DA's Association in years past is not comparable to the “mutant structure” in which Gallegos has no legal authority over code enforcers, but as DA has official responsibility for their irresponsible, dangerous and provocative activities.

This is an obviously intolerable position for any district attorney and needs to be fixed.

In fact, Gallegos states that that deputies must either operate responsibly under his authority or lose their deputy status under the DA's office.

This seems pretty reasonable.

Mr. Hagen needs to do his homework before throwing his hogwash hat in the ring.

Michael Twombly
Bayside

Scared, Mr. Twombly. So quick to jump to the defense. Of the utterly indefensible.

Chief Douglas appealing insurance carrier's decision

***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.***

Douglas appeals denial of defense coverage

Former Eureka Police Chief David Douglas will argue his case today appealing an insurance carrier's decision to deny him legal defense coverage against the involuntary manslaughter charges he faces stemming from the 2006 police shooting death of Cheri Lyn Moore -- a decision that has cost the city of Eureka $75,000 and counting...

...The Peace Officers Research Association of California Legal Defense Fund (PORAC LDF), which had covered Douglas throughout his entire career, denied the former chief's request for defense coverage against the charges back in April, saying Douglas' membership was terminated April 13, 2006 -- the day before the shooting.

In an April 3, 2008, letter, PORAC LDF informed Douglas it was denying him coverage, saying that when he resumed his position as police chief in January 2006 he did so on a contract basis and was no longer a full-time employee. Because of that status, the letter states Douglas' member organization, the Eureka Police Officers Association (EPOA), terminated his coverage.

In a May 28, 2008, letter appealing PORAC LDF's decision, Douglas, his attorney Bill Bragg and City Attorney Sheryl Schaffner argue that Douglas was in fact a full-time employee throughout his tenure as police chief. The only difference when Douglas returned to the position in 2006, they contend, was that he was no longer a salaried employee, but was working full time on an hourly basis.

Further, they argue the city of Eureka has not received or found any documentation verifying that EPOA canceled Douglas' membership. Schaffner also said that at no point did PORAC LDF contact Douglas, the city or the police department to notify them of the cancellation.

”If indeed someone from the chief's association did call in a termination of the chief's membership, that call was erroneous and unauthorized,” the letter states. “Chief Douglas was an eligible, dues-paying member of (PORAC LDF) at the time of the incident in question. Any actions that may have been taken by his association contrary to that eligibility were not the chief's action, were in error, and should be disregarded or corrected.”

Today, Douglas and Schaffner will appear before the PORAC LDF Board of Trustees to argue their appeal, the outcome of which could have major ramifications to Eureka.

Because Douglas was denied coverage, the Eureka City Council voted to pony up $75,000 for the former chief's legal defense, with several councilmembers saying they felt obligated to provide the former chief with a legal defense. That money has been spent, Schaffner said, and the case hasn't even approached trial yet.

The city also set up a defense fund for Douglas, which as of July 14 had fielded more than $26,000 in donations that mostly came from law enforcement agencies and advocacy groups throughout the state. But, the combined total of $100,000 is expected to be just a drop in the bucket, as some have estimated it could cost in the neighborhood of $1 million to defend Douglas if the case goes to trial. And, with a cash-strapped general fund, it's unclear how far Eureka can go in funding Douglas' defense.

Schaffner said Thursday she is cautiously optimistic about Douglas' appeal.

Johanna's hat in the ring

Johanna Rodoni vows to run for 2nd District seat in November
Johanna Rodoni confirmed Thursday that she will run in the upcoming General Election to hold on to the 2nd District Supervisor seat she was appointed to fill after her husband Roger Rodoni’s death.

“I am hoping to be on the ballot in November,” Johanna said.

But whether or not voters in Fortuna and areas south will see her name next to candidates Clif Clendenen and Estelle Fennell on the ballot hinges on a legal opinion being considered by California’s Legislative Council, which is expected any day.

Either way, Johanna will run as a write-in candidate — a decision she said she made last week.

TS Rodoni pursuing write-in campaign
The local elections office, an elections law expert contacted by the Times-Standard and the Secretary of State's office have all said there is no legal reason in the state Elections Code that bars Johanna Rodoni from running as a write-in candidate.

The new question is: Can her name be printed on the ballot?...

Attorney Fred Woocher, an elections expert who has litigated election cases up and down California, said he doesn't see any legal issues coming up that would prevent Johanna Rodoni from running as a write-in candidate. But, he also said he doesn't see a legal basis for her name appearing on the ballot.

”I don't see any theory under which she can get her name on the ballot, but stranger things have happened,” Woocher said.
Johanna Rodoni said her decision to seek the seat doesn't hinge on a favorable opinion from the Legislative Counsel and the chance to have her name on the ballot, but that “would be wonderful.”...

☛ TS The wringer of write-ins

☛ TS Let Rodoni run, and peaceably 7/24/08
Amen.
TS Editorial: Whether you agree with the politics of Supervisor Johanna Rodoni, or even those of her late husband Roger, you have to give her great credit for stepping up in a time of personal crisis to serve the constituents in the 2nd District.

She has persevered in the face of overwhelmingly personal tragedy to give her time and effort to representing the 2nd District at least until January.

She championed her dead husband's name in the recent primary election, and Roger Rodoni -- despite his untimely death in an unfortunate car crash -- managed to be the top vote-getter in the district, followed by Clif Clendenen and then Estelle Fennell.

Voters knew that a vote for Roger was likely a vote for Johanna, who had already been appointed by the governor to fill out the last of Roger's term. But since Johanna was not on the primary ballot, and since Roger failed to achieve more than 50 percent of the vote, neither name will be printed on the ballot in November.

The voters will be faced with a choice between Fennell, a former journalist, and Clendenen, a Fortuna businessman. Since both of these candidates are perceived to be coming from left of center, this election appears to leave a large number of conservative voters in the 2nd District without a first choice.

Rodoni, as is clearly allowed by state election law, has since decided to mount a write-in candidacy for the seat. Looking at the numbers, this decision appears to make sense. While running as a write-in candidate always carries with it great risk, it appears that neither Fennell nor Clendenen are the first choice for many 2nd District voters. Legally, there's nothing to preclude her from running, and with a political vacuum left to be filled, it makes perfect sense for Johanna to run.

But beyond that, she deserves a shot.

As mentioned above, she's already lost a husband to public service. In the midst of that loss, she's volunteered to finish out his term. The work she's done so far in that regard has been admirable, most visibly on the county's Code Enforcement Unit Task Force. She's a well-prepared and thoughtful member of the all the proceedings thus far, and that's a trend we can only expect will continue.

So as she prepares for the fall election campaign, let's stop the whining and complaining about circumstances and election laws that are beyond our control.

There will be three candidates for 2nd District supervisor, two printed on the ballot and one write-in -- and that's just fine with us. May the best candidate, and future representative of the 2nd District, win.

$3 million in pot, heroin seized w/update

ER $3 million in pot, heroin seized
Roughly $3 million worth of marijuana and heroin was seized by local, state and federal agents this week after a year-long investigation into a Bridgeville man and his alleged co-conspirators completed.

The Humboldt County Drug Task Force, assisted by the Humboldt County Sheriff’s Office, Bureau of Narcotic Enforcement and the Federal Bureau of Investigation, served search warrants Tuesday at 15 locations throughout the county, a news release stated.

Law enforcement seized 3,026 pot plants, about 10 pounds of processed bud, two ounces of heroin and 22 firearms, including an AR-15 assault rifle with a 30-round magazine, the release stated. Fifteen people were arrested at the various locations in Bridgeville, Fernbridge, Loleta and Eureka that were used primarily for growing marijuana.

Ryan Robletto, 29, who uses a Bridgeville address and is believed to reside in the community of Golden Gate, is alleged to be the head of the illegal marijuana growing and dealing operation, Drug Task Force Commander Jack Nelson said.
TS Drugs seized, arrests made in Humboldt raid
Robletto admitted to renting two of the locations where marijuana grows were operating: one in Loleta, another in Fernbridge. And Nelsen said agents found paperwork and photographs reportedly linking him to a number of other cultivation sites.

”Mr. Robletto is fairly open about his involvement in the cultivation and sales of marijuana,” Nelsen said. “We believe he's responsible for the sales of some fairly large amounts of marijuana.”

Nelsen said Robletto had little reservation about his alleged grows, helping investigators identify him early as a suspect. Robletto has marijuana tattoos and a MySpace page asserting his interests in the drug, both of which agents used to identify him, Nelsen said.

A clothing company, Humboldt Life, was owned by Robletto, Nelsen said, and may have been used in connection with the marijuana cultivation effort.

Update: (Un)anonymous on the Internet: Social networking sites offer tool for law enforcement
When drug enforcement agents began investigating Ryan Robletto, they looked him up on MySpace.

The first thing they reportedly found was a photograph of Robletto standing in a room, surrounded by marijuana plants. His name -- viewable to anyone with a MySpace account -- was “1cashcrop,” and he declared his heroes are, “The Farmers from Humboldt who give to the people ...”

On Tuesday, the 29-year-old Robletto was one of 15 suspects arrested in a countywide raid conducted by Humboldt County Drug Task Force agents investigating an alleged commercial marijuana growing ring.

And, according to drug task force Commander Jack Nelsen, those photos will likely be used as evidence against him in court.

Arcata Cannabis Crisis Gets Bush Administration's Attention - High Times Jul 24, 2008

The Tuesday bust
The Humboldt County Drug Task Force, assisted by HCSO, Bureau of Narcotic Enforcement and the FBI, concluded a one-year investigation into the alleged illegal cultivation and sales of marijuana by Ryan Robletto and co-conspirators. Agents served search warrants at 15 locations in Humboldt County and seized 3,026 marijuana plants, approximately 10 pounds of processed marijuana, two ounces of heroin and 22 firearms (including one assault rifle) were seized and 15 arrests were made at various locations.

This guy’s a genius

The Humboldt Herald often wonders at the embarrassing things young people post about themselves on the internet that may come back to haunt them in later years.

But it’s hard to find sympathy for the 29 year-old “1cashcrop” who advertised his activities online. Was it ego? Stupidity? A lack of common sense?

link - TOPIX/discussion thread

Everybody thought the Feds had left! Ha-ha -ha!.........
.
Drugs seized, arrests made in Humboldt raid
Sean Garmire/The Times-Standard
Article Launched: 07/18/2008 01:16:05 AM PDT

A Tuesday raid, conducted by state and federal drug agencies throughout Humboldt County, ended with the arrests of 15 suspects and the seizure of thousands of marijuana plants, heroin and firearms.

According to Humboldt County Drug Task Force Commander Jack Nelsen, agents served search warrants at 15 locations in Eureka, Loleta, Fernbridge and Bridgeville. During the one-day raid, investigators reportedly discovered 3,026 marijuana plants and about 10 pounds of processed marijuana. Authorities also reportedly found two ounces of heroin and 22 firearms -- including one assault rifle.

The raid concluded a one-year investigation into an alleged circle of grow operations, all reportedly connected to 29-year-old Ryan Robletto. Nelsen said “a couple” of the grows were directly linked to Robletto; the others, more loosely linked.

According to Nelsen, Robletto admitted to renting two of the locations where marijuana grows were operating: one in Loleta, another in Fernbridge. And Nelsen said agents found paperwork and photographs reportedly linking him to a number of other cultivation sites.

(Un)anonymous on the Internet: Social networking sites offer to... - TOPIX discussion thread at TS

Darwin award winner.

◼ Drugs seized, arrests made in Humboldt raid - Times-Standard

Raid at a glance:

Bridgeville
500 block of Golden Gate Avenue
Arrests: Ryan Warlord Robletto, 29 and Brenton Richard, 28
Found: 18 marijuana plants, 3.5 pounds processed marijuana and one handgun

Fernbridge
Five apartments at 600 block of Fernbridge Drive
Arrests: Jacob Woody
Found: 899 marijuana plants and 2 shotguns

Loleta
300 block of Railroad Avenue
Arrests: Sean Furman, 23; Steven Streeter, 23; Allen Penna, 37; Emma Lorenc, 20
Found: 1,669 marijuana plants and four pounds processed marijuana

Eureka
1400 block of A Street
Arrests: Daniel Hawk, 52; Nathan Hawk, 22; Juniper Thompson, 19; Zachary Christianson, 29
Found: 170 marijuana plants, five pounds processed marijuana, one handgun and four rifles
1700 block of McFarlan Street

Arrests: Keith Garrett, 24
Found: 18 marijuana plants, 30 plant stalks and two shotguns
2400 block of Spring Street

Arrests: Michael Lentz, 24 and Paul Horn, 23
Found: Two ounces heroin, 240 marijuana plants, two shotguns, two handguns, three rifles, one assault rifle
2400 block of Garland Street

Found: 144 marijuana plants, three shotguns, one rifle

Source: Humboldt County Drug Task Force
Sean Garmire can be reached at 441-0514 or sgarmire@times-standard.com.

About Lunesta - UPDATED

From the Lunesta site Opening paragraph:
What is the most important information I should know about LUNESTA?
After taking LUNESTA, you may get up out of bed while not being fully awake and do an activity that you do not know you are doing. The next morning, you may not remember that you did anything during the night. You have a higher chance for doing these activities if you drink alcohol or take other medicines that make you sleepy with LUNESTA. Reported activities include:
• driving a car (“sleep-driving”)
• making and eating food
• talking on the phone
• having sex
• sleep-walking
Call your doctor right away if you find out that you have done any of the above activities after taking LUNESTA.

It goes on:
What are the possible side effects of LUNESTA?
Possible serious side effects of LUNESTA include:
• getting out of bed while not being fully awake and do an activity that you do not know you are doing. (See “What is the most important information I should know about LUNESTA?”)
• abnormal thoughts and behavior. Symptoms include more outgoing or aggressive behavior than normal, confusion, agitation, hallucinations, worsening of depression, and suicidal thoughts or actions.
• memory loss
• anxiety
• severe allergic reactions. Symptoms include swelling of the tongue or throat, trouble breathing, and nausea and vomit- ing. Get emergency medical help if you get these symptoms after taking LUNESTA.
Call your doctor right away if you have any of the above side effects or any other side effects that worry you while using LUNESTA.
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

****

California Bar Journal

***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.***

Misconduct charges for 3 prosecutors
In three disciplinary cases pending before the State Bar Court, current or former deputy district attorneys are charged with committing acts of moral turpitude and disobeying the law. The bar alleges that two of those charged withheld exculpatory evidence.

Fascinating.

Gallegos' withholding of critical evidence in the Douglas/Zanotti persecutions fits into that category, as does what happened with Debi August. Wonder if there is a statute of limitations on these things.

Jury selection begins - UPDATED

ER Juror questionnaire ready as selection process begins
With a questionnaire ready to go, and a change-of-venue motion deferred for the moment, the process for selecting a jury started Wednesday for David Gundersen’s trial. The process could be a long one, possibly taking up to three weeks.
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

****

Charges being filed in Rodoni crash

- From TS Breaking News
The complaint alleges that Diane Johnson, 58, of Miranda, caused the death by driving negligently. The charge is a misdemeanor because there is no evidence that Johnson was on alcohol or drugs, Gallegos said in a release.
ER - DA’s Office files manslaughter charge against driver in Roger Rodoni crash
In an e-mailed statement, Assistant District Attorney Wes Keat said the complaint alleges that 58-year-old Miranda resident Diane Johnson "caused the death by driving negligently."
ER Driver in Rodoni crash could serve a year in jail or perform community service
TS Misdemeanor charge filed in Rodoni crash

Defense: "I don't think I've ever seen a case with such a weak set of facts brought before a jury" - 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

****

A Plea Offer takes 31 counts, including 24 charges of spousal rape with the use of an intoxicant, forcible rape of a second victim with a firearm enhancement, attempting to dissuade a witness, violating a court order and possessing a submachine gun and a pistol with an attached silencer and reduces it to one count of spousal rape and another of forcibly raping a second victim.

The Ts reports that Gundersen, who is facing 28 felony charges, turned down a plea deal that could have landed him in prison for anywhere from nine to 26 years, attorneys said in court Tuesday.

”We rejected it in its entirety,” Gundersen's attorney Russell Clanton said of the deal, in which Gundersen would have pleaded guilty to one count of spousal rape and another of forcibly raping a second victim. “Our position is that the defendant has no criminal liability.”

After Superior Court Judge Bruce Watson asked for a progress report on settlement discussions, District Attorney Paul Gallegos said he had offered the plea deal and Clanton said the defense declined it.

The defense, Clanton said, would only be agreeable to a deal in which Gundersen would plead guilty to one of the misdemeanor counts he is facing in exchange for dismissing the remaining 30 charges....

...(Judge) Watson also heard oral arguments regarding two motions Clanton filed last month seeking a change of venue and to have the charges of spousal rape tried separately from the charges of forcibly raping a second victim...

Watson essentially put the change of venue motion on hold, saying he would wait to see if it looks like an impartial jury can be seated in the case before ruling on the motion.

On the second motion, Clanton argued that the spousal rape charges concerning Jane Doe 1 are inherently different than the forcible rape charge regarding Jane Doe 2. The alleged acts are separated by seven or eight years, involve two different victims and two distinct sets of circumstances, Clanton argued.

Clanton also argued that Jane Doe 2 is an unreliable witness and, consequently, the forcible rape charge is much weaker than those concerning Gundersen's alleged conduct with Jane Doe 1.

”I've been a defense attorney for years and I can honestly say I don't think I've ever seen a case with such a weak set of facts brought before a jury,” Clanton said of the forcible rape charge.

He said the potential for prejudice in trying the charges together is “just overwhelming,” as the stronger Jane Doe 1 charges would likely buttress the weaker Jane Doe 2 charge in the jury's eyes.

After Tuesday's court appearance, Clanton said he was glad Watson checked in on settlement talks because it helps ensure both sides are communicating about the case. However, Clanton said he and Gallegos are far apart in plea discussions and reiterated that the only plea Gundersen would accept is a misdemeanor charge, and that would only be to avoid a trial in which the defendant faces virtually a life sentence if convicted on all charges.

”That's the only thing we would ever plea to,” Clanton said. “There is no chance in the world we would plea to anything that involves felony culpability. He has no criminal liability in any of this.” TS Gundersen turns down plea deal
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

****

Accused child molester heads to preliminary hearing

Accused child molester heads to preliminary hearing
Andrew Belant, accused of child molestation, is headed for a preliminary hearing again, after 26 charges filed against him were dropped Tuesday and a new complaint alleging 22 counts was filed by the Humboldt County District Attorney’s Office.

At what was scheduled to be a hearing on Attorney Patrik Griego’s motion to dismiss six of the 26 charges, Belant instead pleaded not guilty to each new felony charge and was scheduled for a preliminary hearing on Aug. 7.

Humboldt County District Attorney Paul Gallegos originally handled the case, but has since handed it over to Deputy District Attorney Kelly Neel, who specializes in prosecuting child sexual abuse cases and was on maternity leave at the time. Gallegos said his office received more information from follow-up investigations and so wrote and filed a new complaint.

If you were on the Gundersen Jury - UPDATED

Based on what you know from the coverage of the case, do you think you would find Gundersen Guilty or Not Guilty?

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

****

Two judges become three, Two (or three) charges against Gundersen dismissed - 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 Two charges against Gundersen dismissed
The Humboldt County Superior Court (Judge Miles) dismissed two of the 26 counts of spousal rape charged against former Blue Lake Police Chief David Gundersen in a ruling filed Monday.

The court also upheld a ruling from (Judge Feeney) Gundersen’s preliminary hearing that reduced a kidnapping to commit rape charge, with a firearm enhancement, to forcible rape with said enhancement — one of two charges that involve Jane Doe 2.

The ruling came in response to a motion filed by Russell Clanton, Gundersen’s defense attorney, to dismiss all the charges against his client during a hearing on July 9.

News of the ruling came Monday morning at the start of Gundersen’s trial, with two motions awaiting a decision by the new presiding judge, Superior Court Judge W. Bruce Watson, and the expectation that the jury selection process will be a long one....

...Although Clanton thought Miles’ decision was accurate, he believed there were other counts that could have been dismissed.

He said he still has two pending motions for the court to consider: one requesting a change of venue and another asking to try the charges pertaining to Jane Doe 1 and Jane Doe 2 separately.

Due to the expected length of time of the trial, the availability of courtrooms and Superior Court Judge Paul Cissna being disqualified, Watson will now preside over the trial.

The jury selection process, which District Attorney Paul Gallegos said could take three to four weeks, begins this morning.

TS Judge dismisses three charges facing Gundersen

Miles dismissed two of the 26 spousal rape charges as well as the charge of transporting a second victim for the purpose of rape. She left room for District Attorney Paul Gallegos to file a lesser charge, saying evidence presented during Gundersen's preliminary hearing supports a charge of forcible rape with a firearm enhancement.

...If Gallegos files the new charge, Gundersen will face a total of 31 counts: 24 charges of spousal rape with the use of an intoxicant, forcible rape of a second victim, attempting to dissuade a witness, violating a court order, acting unlawfully with department records, possessing a controlled substance without a prescription and possessing a submachine gun and a pistol with a silencer attached....
After reading Miles' decision, Gallegos notified the court of his intent to add the forcible rape charge to his case against the former police chief.

The case was moved to Judge Bruce Watson's courtroom because Miles' courtroom is currently occupied with an ongoing trial. The court suggested having Judge Timothy Cissna hear the case, but Clanton issued a preemptory challenge on the grounds that Cissna is prejudiced against he or his client, leaving the case in Watson's hands.
That means Watson will also be left to rule on two motions filed by Clanton late last month seeking a change of venue and to have the spousal rape charges tried separately from the count concerning a second victim....

Gallegos said he expects jury selection to take around one month

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

****