Thursday, March 20, 2014

Letters To The Editor: Arnie Klein good choice for DA

Letter To The Editor - Times-Standard

Last Friday I worked my final day as a deputy DA in Humboldt County, and am moving to be closer to family. It's been an honor to serve the people of this county and to represent the people of California in court. In terms of the office I'm leaving behind, each DA candidate has correctly identified two key problems: there are not enough attorneys, and there is a lack of experience among current DDAs. However, with new leadership, a budget for enough attorneys to manage the massive caseload, and an increased emphasis on training and mentoring the young attorneys who are here, the DA's office could quickly be in a much better position to enforce the law and protect the community.
When I became a prosecutor, Arnie Klein was always willing to discuss cases with new attorneys like me. He would show us where to look in the evidence code or in a legal treatise, for the answer to a tricky legal question. Sometimes he would explain a particular trial technique, then played the role of a witness while I practiced asking my questions, stopping to give pointers. Arnie seemed invested in our futures as new prosecutors, sharing his years of experience on both sides of the aisle through hands-on mentorship. I think the people of Humboldt County would be well served electing someone with Arnie's experience, ability, and willingness to train newer prosecutors.

David Nims
Eureka

Remember: David Nims is the latest prosecutor we have lost.

Letters To The Editor

Arnie Klein good choice for DA - David Nims

Maggie Fleming has the experience - Cate Halliday

Firpo right choice - Renee Ford

Fleming for DA - Dennis Hunter

Educate yourself on DA race - Mark Grimes/Times-Standard

Firpo perfect choice for DA - Sean Balassa/Times-Standard

Arnie Klein has common sense - Robert Barker/Times-Standard

Elan Firpo for DA ends polarization - Michael Evenson/Times-Standard

Wednesday, March 19, 2014

Mendocino Tragedy. Officer Down.

Report from Mendocino Co. Sheriff Tom Allman laying out the timeline of the incident including the shooting of the suspect. (Photo of suspect included.)

AT THE MENDOCINO COUNTY SHERIFF’S OFFICE: In Honor and Memory of a Fallen Mendocino County Deputy Sheriff who was shot and killed In The Line Of Duty this 19th day of March 2014 in the Cleone Area north of Fort Bragg, California, USA. We Pray as a new Angel arrives in our Heaven above.

My Heartfelt Condolences to the Family and Friends of the Fallen Drputy, and to Sheriff Tom Allman and the Men and Women of his Office. We are Family. - Sheriff Jim Tuso, Retired

3/13 Tea Party DA Candidates' Debate Airs Tonight on Access Humboldt


It's tonight! The (March 13) Humboldt Tea Party is televising their forum at 7:30 pm on Access Humboldt, Channel 11! All four DA Candidates were there, so be sure to watch it. It's about 95 minutes long. Can't catch it tonight? The forum airs tomorrow at 6:30am and 8:30pm. - ◼ h/t: Arnie Klein (photo from the Journal, I think)

The DA Debate held on March 13 will be shown on the access channel on the following dates and times.
3/19 7:30 pm Wed.
3/20 - 6:20 am - Thu
3/20 - 8:30 pm - Thu
3/21 - 6:00 pm - Fri
The First Debate Under Their Belts
Questions that were asked of DA Candidates in the Tea Party Debate on March 13 - John Chiv/Words Worth
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I just watched it - recommend everyone watch it.

And what's this about eighty-grand for carpets????

Wouldn't you rather have a prosecutor for that money?

Paul Gallegos gets continuance in defense request to dismiss Warren case

From Chiv's COURT BEAT:

There were supposed to be oral arguments in the Jason Warren case today. - John Chiv/Words Worth

...Defense filed a motion to dismiss certain counts. Judge John Feeney presiding in Courtroom 1, Kevin Robinson representing Jason Warren and District Attorney Paul Gallegos is prosecuting the case.

Today oral arguments were supposed to be heard on a 995 Motion. A California Penal Code 995 motion is a request for the judge to dismiss one or more counts of the complaint. A motion to dismiss can be filed after a preliminary hearing on a felony case.

The defense was requesting that counts 2, 3 and 4 be dismissed. Mr. Gallegos asked the court to review all exhibits in the case before the 995 hearing and making a decision. Judge Feeney agreed and granted Mr. Gallegos' request. The defense and Warren submitted on the continuance.

The oral arguments will be heard on March 27 at 3 p.m.
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Another high-profile case, David Anderson with Luke Brownfield for the People and Ben McLaughlin for the defense. Anderson was arraigned on complaints filed on March 11, 2104. This case was re-filed....

Courtroom 1 was the happening courtroom to be in today with Paul Gallegos, Patrik Griego, Ben McLaughlin, Allan Dollison, Glenn Brown and few others all in the same afternoon. Sort of a star-studded attorney line-up. The Littlefield case was also on calendar today, which is being prosecuted by Mr. Gallegos.

Read the rest at the link
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It's been a busy week:
Miller and Arriaga appointed counsel, future dates set, Miller was suspect held for mental health evaluation - John Chiv/Words Worth
Misty Dawn Miller and Brian Anthony Arriaga were in court today were appointed counsel. Judge John Feeney presiding in Courtroom 1. Luke Brownfield for the People....

Both requested a Bail OR hearing which is on March 19; Intervention on March 24 and Preliminary hearing on March 27. Same court dates for both.
As the wheel of justice slowly turns in Humboldt: Borgner court update - John Chiv/Words Worth
...Lance Borgner had Kaleb Cockrum from Conflict Counsel appointed for two more cases with charges filed by District Attorney on March 11. Judge Feeney presiding in Courtroom 1. Luke Brownfield for the People.

OK, LoCo Elections Is going to be a major time-suck for candidates

LOCO ELECTIONS: It's a good idea, AND/BUT...

ONE: You're going to have to cut these people SOME slack. They are working, and campaigning. Their days are scheduled to the hilt Meetings, Meet&Greets, events, fundraisers (vital to their ability to compete), debate prep and debates, and the hastily gulped meal.

When they take the time, late at night, after all the stuff that has gone on for the day, they are sincerely trying to be responsive and answer all the questions.

Many of these questions are going to be asked in the debates, so in some respects it will help them with their debate prep - but you're going to have to exercise patience. You've just piled on one more thing to carry in the marathon that the next - what is it? 45/75 days? entails.

TWO: You are really going to HAVE TO require real names for submitted questions. In this country we have FREE SPEECH - it is about damn time people stopped hiding in the shadows when they exercise that right. This is an important election, and we deserve to know who is asking the question.

THREE: The comments section is going to be even worse, and completely unmanageable as it grows to the point that no same person can possibly read them all. I would drop the comments, honestly. If what you're looking for is answers to questions, that's a good thing, if you are expecting these candidates to somehow participate in the comments thread, that is going to be impossible for them to do. It's not even going to be possible for one of their volunteers to manage the comments section.
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QUESTIONS:

◼ HOMELESSNESS: What is your take on the homeless issues in our county, and what do you see as possible solutions? Is more incarceration a fix? (ASKED OF ALL FOUR CANDIDATES)
Answered by: Allan Dollison
Answered by: Maggie Fleming
Answered by: Arnie Klein
◼ PART-TIME VERSUS FULL-TIME: Being that you have been working predominantly part-time throughout the years, how could you be ready to tackle the important issues on a full-time basis? (ASKED OF MAGGIE FLEMING)
Answered by: Maggie Fleming
◼ CRIMINALS OR SICK?: It seems drug addicts are psychically addicted to substances, leaving less room for choice once the body becomes dependent upon it. Do you view drug addicts as criminals, or sick? And how does sentencing effect their opportunity to get better or lack thereof. (ASKED OF ARNIE KLEIN)
link
◼ CPR: Have you accepted campaign contributions from Humboldt Citizens for Property Rights? (ASKED OF ALL FOUR CANDIDATES)
link
◼ METH/HEROIN: Seeing how no one dares answer the most important question facing this county, maybe you will. Do you consider meth and heroin the single biggest problem facing the county? If so, what do you intend to do to stop this problem? (ASKED OF ARNIE KLEIN)
link
◼ YOUR BAR RECORD: The California State Bar website states that you were sanctioned and suspended from the practice of law after stipulating to 16 counts of misconduct including lying to clients, stealing clients’ money, forging court documents, and other acts of moral turpitude.

Why do you think that you can be the chief law enforcement officer in the county when you have such a record of dishonesty, if not criminal behavior?

Also, the State Bar record notes that you are under the care of a psychiatrist. Is that still true? (ASKED OF ALLAN DOLLISON)
link
◼ PLEA BARGAINS: The daily arrest logs indicate there are some names that appear over and over again. Understanding that plea bargains are often a way of avoiding jury trials but still a “victory” for both sides, will you, if elected, avoid that trap and take the felony cases of habitual offenders to trial to add to their strike list? In other words, will rap sheets mean anything to you as the DA? (ASKED OF ÉLAN FIRPO)
link
◼ METH: What will you do to combat meth abuse in the county? (ASKED OF MAGGIE FLEMING)
link
◼ EXPERIENCED DEPUTIES: When Terry Farmer was district attorney, the DA’s office had numerous experienced and dedicated deputy district attorneys. One of these attorneys, Allison Jackson, challenged our current DA in the last election and nearly won. Clearly she still desires to serve. If elected, will you actively try to rehire Allison Jackson? (ASKED OF MAGGIE FLEMING)
link
◼ LEADERSHIP: Under Paul Gallegos, the assistant district attorney (ADA) was responsible for the nuts and bolts, day-to-day operation of the DA’s office. The ADA supervised the deputies, fielded countless questions and, perhaps most importantly, actively mentored the many new and inexperienced deputies.

On your campaign website you state, “I did not plan to seek a political office, but I am running because I know I have the qualifications, experience, work ethic, professionalism and managerial training to best serve Humboldt County.”

For many years, Wes Keat served valiantly as ADA. When he retired, did you apply for the ADA position? If not, why not? (ASKED OF MAGGIE FLEMING)
link
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New rule. Signs must be 4 X 5 and be green and white

The headline is a joke, don't get excited. Looks like the Fortuna Sign Ordinance Kerfuffle isn't over, or as clear cut as it appeared. Not as simple as a flat suspension of the rules, but now more convoluted, with revisions, some yet to come.

Dean Glaser and Jaison Chand speak on Fortuna sign ordinance at today's City Council meeting to no avail - John Chiv/Words Worth
...Item VI. Business Number C: Adopt Urgency Ordinance 2014-706, Suspending Section 17.05180 (D) (1) (b) of the Fortuna Municipal Code affecting Political Signs, for a period of six months....

The City Attorney then said in addition to the correction from suspending to amending that Strehl mentioned, the line for a period of six months should be stricken.

The City Attorney said "a candidate has signs up." That candidate is Maggie Fleming but he did not mention her name.

The City Attorney added that this ordinance was temporary, that the Planning Commission had to look into it and send back recommendations, and it was not about size, just no time frame when signs can go up....

Jaison Chand, who is Élan Firpo's campaign manager spoke next. "I am here to get clarification." He said "we only learned of this ordinance change 10 days ago." He said he just learned that is an amendment, not a suspension. And that his biggest concern was not the change but the process. Referring to the unnamed candidate, Chand said, "That candidate knew something we did not know." He said all candidates should have been notified and all 4 DA candidates should have been involved in this decision.
That is a fair criticism. All candidates make their sign purchases based on the existing sign ordinances, which are clearly posted, linked on the County Elections website. Every incorporated town seems to have their own rules and quirks, rather than adopting the county rules. It is true that advance knowledge gives a candidate an advantage

I've been clear that I support the idea of a full suspension. The 30-days-before-an-election clause is clearly outdated, and 60-90 days is preferable in a time when so many vote absentee, meaning they'd vote before signs went up, pretty much. The different sizes in different towns are even more problematic. And, the ordinances are petty and unenforceable anyway.

But this is a mess. A stupid distraction, and a mess.
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◼ And, on the topic of signs in general" Campaign Sign Restrictions? - Fred's Humboldt Blog

Tuesday, March 18, 2014

Introducing LoCo Elections. YOU grill the candidates!


Outpost Election Central! Your Election Season Just Got LoCO.

The Lost Coast Outpost hereby declares election season officially open in Humboldt County.

And with this declaration we introduce a special Outpost subsite: LoCOElections. Yes! LoCOElections has quite a few cool features, but mainly it serves as the place where you, the Lost Coast Outpost reader/contributor/citizen journalist/community member, put your questions directly to the candidates in all the major races facing Humboldt County.

And what’s more, the candidates will respond! Or at least some of them will. We haven’t yet floated this by absolutely everyone, but all the candidates we’ve contacted have been moderately to extremely enthusiastic about participating in this, a new experiment in Humboldt County electioneering. (Note to candidates: Drop me a line at hank@lostcoastoutpost.com or 786-5104 and I will set you up with login credentials).

Check the LoCOElections main page, there. You’ll find, for the moment, a list of all candidates in major races.

- - questions bumped to new post.

It's an interesting concept in a WorldWideWrestling kind of way. You grill the candidates. We'll see how it works.

Here we go...he will not challenge the plea deal

Arcata fatal stabbing case reassigned from Firpo to Gallegos - Times-Standard

Humboldt County District Attorney Paul Gallegos said today that he has reassigned the Douglas Anderson-Jordet fatal stabbing case from Deputy District Attorney Elan Firpo to himself.

Gallegos said his decision had “nothing to do” with Firpo's handling of the case or the quality of her work, but due to the case being used for other purposes by two of Firpo's fellow candidates in the upcoming district attorney election.

”It was my own inner sense of justice for everyone involved and my disappointment that some would use this case for political purposes instead of trying to seek justice,” Gallegos said....

Gallegos said he has corresponded with the family and understands their grief, but said that he will not challenge the plea deal as “the legal system does not aspire to accomplish the individual aspirations of victims or their families.”

”My heart goes out to them,” Gallegos said. “... But our job as prosecutors is to listen and exercise compassion without sentimentality.”

As a prosecutor, Gallegos said their decisions “cannot be based on the will of the individuals,” but must be supported by “evidence proved beyond a reasonable doubt.”

”We don't represent the victims, we represent the people of the state of California,” Gallegos said.

”I am responsible for all of the decisions in my office and the one person that is not making a decision based on political motivations one way or another,” Gallegos said. “I am used to the hue and cry of politics.”
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So, are we to take it he is asking the judge to put aside the plea agreement? For all three defendants? The case goes to trial?

Gallegos reassigns Firpo from Arcata fatal stabbing case; DA will not challenge killer's plea deal - Will Houston/The Times-Standard

Toldja. No death penalty in Bodhi Tree Arcata double murder


Death penalty not sought in Bodhi Tree case, trial continued to April 7 - John Chiv/Words Worth
...Witness lists had been exchanged. Ms. Firpo told the Court that the Defense intended to have an expert witness and while she had a CD, she did not have the accompanying report. Therefore, Ms. Firpo requested the trial date be continued.

Ms. Holmquist said the report would be given to Ms. Firpo by the end of the week. Both sides agreed on the April 7 date. Judge Reinholtsen noted based on the list of witnesses, this could potentially be a long trial. There was discussion about questionnaires and jury selection.

April 2 is the Trial Readiness date to discuss any outstanding evidentiary issues.
Tree's trial date pushed back to April 7 - Kimberly Wear/The Times-Standard
The man accused of fatally shooting a teenage girl and the man who came to her defense at an Arcata home in May will not face the death penalty if convicted of their murders, Humboldt County District Attorney Paul Gallegos said Monday.

”The death penalty is not being pursued in the Bodhi Tree case,” he said.

The department has a review process for all cases which qualify for the death penalty, including a detailed review of the facts and allowing the defense to present mitigating factors about the defendant, according to Gallegos.
Uh-huh.
During a court hearing on Monday, Tree's trial was pushed to April 7 to allow Deputy District Attorney Elan Firpo time to receive a report about an expert witness the defense plans to call at trial. She said the prosecution plans to call 57 witnesses.

”I'm requesting a continuation of the trial, so I can review that report with my experts,” Firpo said.

Gallegos: No Death Penalty in Arcata Double Murder Case - Thadeus Greenson/the Journal
Tree has pleaded not guilty to the charges and faces 50 years to life in prison if convicted in the case. The Humboldt County District Attorney’s Office is expected to announce its decision not to pursue the death penalty in the case at a hearing this afternoon. Read prior Journal coverage of the case ◼ here. (image(s) source)
EARLIER:
Bodhi Tree determination re death penalty case yet to be determined - John Chiv/Words Worth
Rhett August, Tree's alleged victim, released on cruz waiver on his own court case - John Chiv/Words Worth
The trial for a man accused of murdering a teenage girl and the man who was apparently trying to defend her was set Friday for March 24. - Lorna Rodriguez/The Times-Standard
...Judge Dale Reinholtsen presiding. Elan Firpo, prosecutor. Attorney for Tree, Heidi Holmquist.... - John Chiv/Words Worth
Bodhi Tree to be charged with Eureka shooting; details emerge in Arcata double homicide, defendant's mental health history - Thadeus Greenson/The Times-Standard
...Tree, an ex-convict who court documents indicate has a history of mental illness and had been released from prison just six weeks before he is alleged to have opened fire in a Eureka neighborhood. The court documents also indicate Tree confessed to the Arcata killings, telling a friend he'd “just shot two people.”
Officials: Bodhi Tree is 'person of interest' in last week's Eureka shooting - Times-Standard
Police Looking at Bodhi Tree as a ‘Person of Interest’ in Eureka Shooting Last Week - Hank Sims/Lost Coast Outpost
Arcata double homicide suspect pleads not guilty: Case eligible for the death penalty - Lorna Rodriguez/The Times-Standard
FOURTH UPDATE: No bail for double homicide suspect - The Times-Standard 5/18
Officials: Looking for gun used in weekend's double homicide - The Times-Standard 5/21
DOUBLE HOMICIDE ON EYE STREET (Update 2) - Kevin Hoover/Arcata Eye
Update: Police searching for Arcata double homicide suspect - Times Standard
Suspected Double Homicide in Arcata This Morning (UPDATING) - Hank Sims/Lost Coast Outpost
Bodhi Tree, 28, arrested in connection with this morning's double homicide. - Kevin Hoover/Arcata Eye
SECOND UPDATE: Police ID suspect arrested in double homicide - Times Standard
Bodhi Tree Booked On Two Counts Of Murder - Kevin Hoover/Arcata Eye
A footnote to history: Bodhi Tree is used to being arrested, sometimes with the aid of APD K-9 officers. He has a history of petty crime in Arcata and elsewhere.... - Arcata Eye Facebook
High Speed Chase Ends with Officers uh…Treeing Suspect (click here for previous arrest information) - Kym Kemp/Lost Coast Outpost
THIRD UPDATE: APD details search, arrest of double homicide suspect - Times Standard

Parents of Murder Victim: ‘Her Light Will Always Shine’ - Ryan Burns/The Journal (image source)

Monday, March 17, 2014

Élan Firpo Arcata Town Hall

Firpo Seeks To Quit Ferrer Case - Mad River Union

At a Sunday afternoon appearance at the Arcata Community Center, District Attorney candidate Elan Firpo said that she has asked to be removed from the case involving the Nov. 25 stabbing death of Douglas Anderson-Jordet.

...Firpo said there are aspects of the case not known to the public and the other candidates, which she is prohibited from discussing. “I feel I did the right thing,” she said, but added that her participation in the case is no longer helpful. “I need to step aside.”

Firpo also said she’d like to rebuild the “degenerated” prosecutors ranks of the DA, which have withered from 18 to 11 during her time as a deputy DA. She also wants to install “vertical prosecutors” which would specialize in areas such as cannabis and environmental crime, managing cases from initial analysis to final prosecution....

Sunday, March 16, 2014

Mad River Union debate this Thursday

Reminder about Mad River Union debate this Thursday also presented by Arcata Police Association John Chiv/Words Worth

SPONSORED BY: Mad River Union
DATE: March 20th 7-8:30 PM.
Candidate Forum

KHSU, the Mad River Union, the Arcata Police Association and the Arcata High School Pepperbox are sponsoring a DA candidate forum March 20 from 7-8:30 PM. The forum will be broadcast live from the Arcata Community Center Senior Room. Tune it to KHSU, KHSU.org or attend the forum live at the Community Center. More details at ◼ madriverunion.com.

Elan Firpo has requested Paul Gallegos reassign the Ferrer case; this and more at the Arcata Town Hall meeting today

"I have asked the District Attorney, Paul Gallegos, to reassign the People v. Juan Ferrer case." - John Chiv/Words Worth
"The recent exchanges in the media and misinformed, misguided grandstanding of some of my campaign opponents have mired a very serious and difficult case in politics.

As a prosecutor, I take seriously both the obligation that all matters be handled based on the facts and the rule of law, and that even that appearance of impropriety from political influence be avoided. Justice can only be served at this point if it is disentangled from the political campaign."
This is one of the things Elan will be mentioning to day at a Town Hall meeting today from 2:00 pm - 4:00 pm at the Arcata Community Center today. If you have not met Elan, this is a chance for you to talk with her in person...

Élan Firpo: Town Hall in Arcata

WHEN: Sunday, March 16th 2:00 pm.
WHERE: Arcata Community Center Senior Dining Room
321 Community Park Way, Arcata
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◼ WEB: elanfirpo.comABOUTSUPPORTERSDONATE

Meet your DA candidates:

The Times-Standard has given each candidate a My Word/Op-Ed space:

Allan Dollison/My Word
Élan Firpo/My Word
Maggie Fleming/My Word
Arnie Klein/My Word
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My God, the people reading these are going to be shocked. What is this mismanagement of which you speak??? Why, we've never been told of this! Could it be our trusted reporters have let us down? How can this be!

The Times-Standard also has a poll up, asking who you support for DA.
http://www.times-standard.com/ in the left hand sidebar.

Saturday, March 15, 2014

Fleming Fundraiser: Ferndale, Sunday, March 16th


link

WHERE: Ferndale Veterans Memorial Building, 1100 Main Street, Ferndale
WHEN: Sunday, March 16, 5:00pm - 8:00pm - Tomorrow
DETAILS: Local jazz band • Silent Auction and Dutch Raffle • appetizers, beer, wine and non-alcoholic drinks • free soda • $25 per person • $3 for additional drink tickets
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electmaggiefleming.comENDORSEMENTSNEWSDONATE