Progress: After some glitches, jury selection finally starts in the Gary Lee Bullock jury trial

◼ Second day of jury selection. Roll call at 8:40. Even more people missing today. - John Chiv/Words Worth Mar 16, 2016
◼ Courtroom hallway packed with potential jurors for Bullock trial - John Chiv/Words Worth Mar 15, 2016
◼ History

Former District Attorney Paul Gallegos was handling the case, he was criticized by the Court of Appeals in their ruling as basically, a prosecutor not knowing the law.

Losing count. How many of these are there? One after another, the Gallegos failures come to light. He'll be screwing up the justice system for years to come. Was it purposeful? (Clinton being his buddy), or was it just simple incompetence? Lack of caring?

This is one of those cases that gets dropped from the public eye, but John Chiv is keeping track of what's been going on. Click on over, and get 'the scoop.'

Basically, Clanton's still dragging this thing out. Must be good money in it.

◼ "I am not leaning on any case law that Mr. Clanton is unfamiliar with"; Timothy Littlefield's lawyer says he is not obligated to follow Court of Appeals suggestion for a new trial - John Chiv/Words Worth Mar 11, 2016

◼ Remittitur issued in the Timothy Littlefield case today - John Chiv/Words Worth - Feb 17, 2016

Remittitur is a process by which jurisdiction is transferred back from the appellate court to the trial court. Remittitur divests the appellate court of the jurisdiction after it has resolved the appeal, and permits full jurisdiction over the judgment to be returned to the trial court.
◼ "This case involves multiple acts of molestation of a child who was 8 years old at the time, the victim is now a teenager and has been waiting a long time for finality", Cook and Associates to investigate Timothy Littlefield case

- John Chiv/Words Worth - Feb 3, 2016

◼ Timothy Littlefield cuffed and taken unto custody, no bail, says I love you to his father twice - Feb 3, 2016

This one has been going on for YEARS.

Recorded messages: "I will not lose my house over your drug use"

◼ "I will not lose my house over your drug use" - John Chiv/Words Worth Feb 29, 2016

Bullock is heard telling his grandmother he needs her help. He asks her to bail him out and she tells him she does not have the money. He tells her to get out it is $120,000 and she should put her house up.

That is when she says, ""I will not lose my house over your drug use." She says no to him several times in the selection we heard. "If I let you out, you will go back to drugs." Bullock says he won't. She says she has heard that before. Then she says "You killed somebody." He responds, "No, I didn't. I 'll explain it to you."

◼ Jury selection and evidentiary hearings start in Gary Lee Bullock case - John Chiv/Words Worth Feb 29, 2016

◼ May God's forgiveness and strength be with us but also Gary Lee Bullock and his family - John Chiv/Words Worth Feb 28, 2016
_______________
◼ In Recorded Phone Call, Bullock Pleaded With His Grandma to Put Her House Up for His Bail - Ryan Burns/Lost Coast Outpost

◼ Jury Selection Begins in Trial of Gary Lee Bullock, Accused of Murdering Catholic Priest - Ryan Burns/Lost Coast Outpost

Gary Lee Bullock sat quietly in the courtroom this morning as Judge John T. Feeney began the process of selecting a jury for the case against him. Bullock, 46, stands accused of murdering Father Eric Freed, beloved priest at Eureka’s St. Bernard Catholic Parish, on New Year’s Day 2014, with special allegations of torture and carjacking. He has pleaded not guilty by reason of insanity.

Bullock is represented by Kaleb Cockrum, from Humboldt County’s Conflict Counsel Office, with Deputy District Attorney Andrew Isaac leading the prosecution. The morning court session was occupied by Feeney working through a stack of jury questionnaires, dismissing people with obvious hardships and ultimately selecting 31 potential jurors to fill out long-form questionnaires.

Another lawsuit, complete with emails and intrigue

◼ Woods never contacted me back; HUMMAP sues county's cannabis ordinance, the lawsuit Sawatsky was going to fund? - John Chiv/Words Worth Feb 24, 2016

Feb 17, 2016 - Anti marijuana Kent Sawatsky to fund a lawsuit for HUMMAP? Woods and Sawatsky Humboldt County's latest odd couple?
Public watch dog Kent Sawatsky has threatened action before before against Judge Bruce Watson but no follow through.

In the past, he has been very vocal about being anti cannabis, particularly chewing out the Humboldt County Board of Supervisors for the Medical Marijuana Land Use Ordinance.

These are just two quotes from two of my posts:

"We currently have the highest capita of criminals in U.S. with crimes such as tax evasion and money laundering": Kent Sawatsky

"Weed greed and children do not mix" : Kent Sawatsky

Mr. Sawatsky is willing to fund a lawsuit but has to become a member of HUMMAP and allegedly he wants his involvement kept quiet until this is official.

Except his potential plan hit a hitch.

Not all HUMMAP members are thrilled with this potential alliance. (According to emails from some of the HUMMAP members)

Arreaga case falls apart, ends with 'Not Guilty'

◼ Recently acquitted in double homicide, Arreaga still has preliminary hearing scheduled for possession of drugs in jail - John Chiv/Words Worth

◼ " Arreaga got away with murdering Angel Tully and Harley Hammers Jr! We really feel he was the shooter and Shavonne Hammers was the cause of it! " - John Chiv/Words Worth

◼ Jury in Fieldbrook double homicide case second trial finds Arreaga not guilty on both counts - John Chiv/Words Worth

◼ Second jury trial for double murder in Fieldbrook concludes, jury deliberations started late this afternoon - John Chiv/Words Worth

NO plea deal made with any of the murder suspects in 14 year old Jesus Garcia's homicide

◼ DA has not made a plea deal with any murder suspect in 14 year old Jesus Garcia's homicide - John Chiv/Words Worth

FOLLOW John Chiv's blog for daily updates and details on court cases. At the link.

◼ New attorney appointed for Joe Olivio, Jr, one of four suspects in Jesus Garcia homicide - John Chiv/Words Worth Feb 23, 2016

Feb 19, 2016 - Lot of last minute changes in the court hearings and attorneys for the four suspects charged in the death of 14 year old Jesus Romero-Garcia
Feb 18, 2016 - Joe Olivio III's arraignment continued for another week; he is charged with the homicide of Jesus Garcia
Feb 16, 2016 - Joe Daniel Olivio, another suspect in homicide of Jesus Garcia arraigned this afternoon
Feb 9, 2016 - Appointment of attorney for Nicholas Leigl, a suspect in the Jesus Garcia homicide, with alleged ties to the 18th street gang in limbo
Feb 5, 2016 - No bail for Nicholas Leigl, first suspect arraigned for homicide of Jesus Garcia
Feb 5, 2016 - Nicholas Leigl, one of the suspects in the Jesus Romero-Garcia with alleged ties to the 18th street gang arraigned for murder and criminal street gang charges
Feb 4, 2016 - District Attorney Maggie Fleming gives update on status of arraignments for suspects in Jesus Garcia homicide

◼ Mario Nunez, suspect in Jesus Garcia homicide gets preliminary hearing date set in March, for now - John Chiv/Words Worth Feb 23, 2016

◼ No bail for Mario Nunez, third suspect in alleged gang related homicide and death of Jesus,Garcia, arraignment continued - John Chiv/Words Worth Feb 19, 2016

◼ Homicide of 14 year old from 2014 involves alleged connection to Mexican gang mafia - John Chiv/Words Worth Feb 4, 2016

Transparency and efficiency

Remember all those claims that Gallegos modernized the office?

Looks like someone else finally did it.

◼ Public may soon be able to view Humboldt Superior Court case management system from home; this is one of the many future changes under the leadership of new Court CEO - John Chiv/Words Worth

Humboldt County Superior Court CEO Kim Bartleson started in October 2015. In just four months, there have been some visible changes and others that the public will be seeing in the future. She comes to Humboldt County with 22 years of experience as a CEO in Washington State.

As someone who spends a lot of time and daily at the Courthouse, within days of Ms. Bartleson taking over, the most obvious changes I saw were in staff morale and information to the public. Even with last minute changes, the electronic calendars are more up to date now. Unlike her predecessor, Ms. Bartleson is very accessible and helpful....

"As of right now, there are 366 criminal jury trials set. Between the time period of 9/25/15 – 12/25/15 there were 626 criminal jury trials set."

R.I.P. Charles Ollivier

A big loss. The Frenchman. Loved life, cooking, fast German cars, his family, and Humboldt Bay, the harbor and the port. So many good stories about life as a longshoreman, and in coming to Humboldt County in general.

◼ Charles Louis Bernard Ollivier August 20, 1936 - February 16, 2016

CHARLES LOUIS BERNARD OLLIVIER August 20, 1936 - February 16, 2016

Charles Ollivier died suddenly at home in McKinleyville with his wife and son at his side.

Born in Agen, France, he was the second of three children to Marie Jean Guibert Ollivier and Eloi Desiree Ollivier. Charles' family moved from France to the U.S.A. in 1951 when he was 14 years of age.

He graduated with a "Certificat d'Etudes Primaires Elementaires' from the Academie de Grenoble, Department Des Hautes-Alpes in 1950, and received a diploma from Arcata High School in 1954. He attended Humboldt State University.

Charles brought his love of everything French with him and was glad to share it with anyone anywhere.

Charles worked in local mills, Humboldt Plywood, Roddiscraft, Weyerhauser, and Simpson Lumber Company before proudly becoming a member of the International Longshoremen & Warehousemans Union Local 14. He worked as a longshoreman for 35 years before retiring in 2002. He spent 16 terms as Union President, and also served many times on the Labor Relations Committee as Chairman, Caucus Convention Delegate and on the California Small Ports Committee. He was proud of being a labor organizer and union supporter. With a love for meeting people and his interest in real estate, he completed and received his Certificate of Completion from Anthony Schools in 1971 and worked in several local offices as a Realtor while working as a longshoreman.

He was an elected 5th District Commissioner for 16 years on the Humboldt Bay Harbor, Recreation, and Conservation District, serving on numerous committees and with much pride on the Pilotage Committee. He was appointed to the North Coast Railroad Authority (NCRA) Board of Directors. Appointed by Congressman Hamburg, Charles served on President Clinton's Forest Conference in Portland, Oregon on April 17, 1993. Certificate of Special Recognition from the Humboldt County Board of Supervisors for five years of outstanding service on the Board of the North Coast Railroad Authority and for 16 years of exceptional public service as the 5th Division Commissioner on the Humboldt Bay Harbor, Recreation and Conservation District Board was awarded to Charles on August 18, 2009. His service on non-profit boards, Lions Club, and coaching sport teams are too numerous to list.

The enthusiasm and interests in his family and his community were primary in his life. He also thoroughly enjoyed cooking. He collected an impressive Jazz music library, and had an awesome singing voice, often being mistaken as Tony Bennett or another Hollywood celebrity. He enjoyed history, economics, geography and mathematics, and people. He loved dressing well.

He is survived by his partner, wife, and best friend of over 40 years, Carol Ollivier. He is also survived by his beloved sister Helene Black and brother Daniel (Jayne) Ollivier, and his much beloved children: Philip Ollivier (Denise Payne), Jeanine Ollivier Rollins (David), Marc Ollivier (YuShu), Carol's son Sean Sullivan; grandchildren: Jenn Ollivier, Brian Ollivier, Graham Payne, Sean Patrick Sullivan (Janelle Fauquet) and Maxx (Michelle) Sullivan; great grandsons Vincent Ostenberg and Patrick James (PJ) Sullivan; niece and nephew Cathie Hatfield (Matthew Buckley), and Robert Black (Michelle Palermo) and great niece Desiree Hatfield Buckley and Sophie Palermo Black; sister-in-Law Beverly Bennett, and brothers-in-Law Kenneth (Fumiko) Keltner and James Keltner. There are many, many other wonderful nieces and nephews, especially great grand niece Megan Harrison Evenson. Charles was preceded in death by his parents and stepson Patrick Sullivan.

Mass for Christian Burial will be at 11 a.m. Tuesday, February 23rd at St. Bernard's Church, 6th & H Street, Eureka. Family and friends may attend the burial/interment at 10 a.m. on Wednesday at the Greenwood Cemetery, 1757 J Street, Arcata. Please sign the guestbook at www.times-standard.com under obituaries.

Published in Eureka Times-Standard on Feb. 20, 2016

Judge Dale Reinholtsen denies Harbor Commission motion to strike Leo Sears lawsuit

◼ Briefly, Mr. Bertain said, "We won the motion to strike."
- John Chiv/Words Worth

Prosecutor; Paul Gallegos. The fuck-ups just keep coming.

And this one is a shining example.

Then, on appeal, this one will get off because Gallegos didn't ensure that proper procedures were followed. Failure to give instruction on 2nd Degree Murder.

◼ First degree murder verdict overturned by First Appellate District in Ryan Salas case, defense counsel "ineffective", court "erred" - John Chiv/Words Worth

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT
DIVISION TWO
RYAN ANTHONY SALAS, Defendant and Appellant.
A138588 (Humboldt County Super. Ct. No. CR1201698)

Appellant Ryan Anthony Salas was convicted, following a jury trial, of first degree felony murder, possession of a firearm by a felon, conspiracy to commit robbery, and conspiracy to commit burglary. The jury also found true both a felony-murder special-circumstance allegation and several other enhancement allegations. On appeal, he contends (1) defense counsel was ineffective because he did not request an instruction on voluntary intoxication or argue that theory to the jury; (2) the trial court erred when it failed to instruct sua sponte on attempt in connection with the predicate felonies for felony murder; (3) the trial court erred when it failed to instruct on the nexus requirement for felony murder or, in the alternative, defense counsel was ineffective for failing to request such an instruction; (4) the trial court erred when it failed to instruct sua sponte on the lesser-included offense of second degree murder or, in the alternative, counsel was ineffective for requesting that the court not so-instruct the jury; (5) the trial court improperly instructed the jury on the felony-murder special-circumstance allegation; and (6) the cumulative effect of the errors raised on appeal requires reversal of the judgment.

In a petition for writ of habeas corpus (habeas petition), appellant further contends defense counsel was ineffective for (1) failing to investigate or develop evidence regarding the defense of voluntary intoxication; (2) failing to use available evidence of voluntary intoxication as a defense at trial or as a basis for requesting an instruction on voluntary intoxication; (3) failing to request an instruction on the nexus requirement for felony murder; (4) persuading the trial court not to instruct on the lesser-included offense of second degree murder. He also argues that the cumulative effect of counsel’s deficient performance requires reversal of the judgment.
We conclude defense counsel was ineffective for requesting that the court not instruct the jury on the lesser-included offense of second degree murder and the court erred in failing to instruct on attempt in connection with the predicate felonies for felony murder. We shall therefore reverse the first degree murder conviction and felony-murder special-circumstance true finding. As we shall explain (see pt. II, post), we need not address the merits of the other issues raised on appeal or in appellant’s habeas petition, which we shall deny in a separate order.

...Here, the record reflects that defense counsel expressly requested that the trial court not instruct the jury on second degree murder. While the discussion regarding jury instructions was not held on the record, the trial court’s remarks made clear that it would not be giving a second degree murder instruction at counsel’s request. Moreover, although counsel’s reason for this request was not stated on the record, that he affirmatively made the request demonstrates a “clearly implied tactical purpose,” which is “sufficient to invoke the invited error rule.” (Coffman, supra, 34 Cal.4th at p. 49.) Consequently, appellant cannot now claim the court erred in failing to instruct the jury on second degree murder. (See ibid.)...

...The court concluded the instruction as follows: “If you decide that the defendant committed murder, you must then decide whether it is murder of the first[.]” As noted, the court crossed out the remainder of the final sentence of CALCRIM No. 520, which stated, “or second degree.”16 This disastrous instruction told the jury that it could find appellant guilty of murder if it determined he acted with implied malice, as described in the instruction, but took away the option of convicting him of second degree murder, the only type of murder to which the implied malice portion of the instruction could apply. (See People v. Knoller (2007) 41 Cal.4th 139, 156 [“a conviction for second degree murder, based on a theory of implied malice, requires proof that a defendant acted with conscious disregard of the danger to human life”].)

The prosecutor’s closing argument further exacerbated the problem. When discussing what appellant’s possible motive could have been when, after everyone “thought it was over” and started heading back to the car, appellant said “Fuck it,” ran back to the truck, and killed Sovereign, the prosecutor asked, “So what is his motive? Is it the robbery? Is it something else? [¶] Well, ladies and gentlemen, we don’t need to prove motive to you. It could be that there is a motive that you and I will never know, but motive is not an element. The prosecution doesn’t need to prove that to you in any murder case.

“The—the absence of motive, you can use. You can say, well, hey, they’re best friends. That’s his brother. They’ve known each other forever. The absence of motive, you can use to say he didn’t do it, but it also isn’t the absence of the fact that he did do it. So if you’re saying, okay, they’re all going there. I don’t understand. I don’t understand why he did this. I don’t know what his motive was. That is not reasonable doubt . . . .”
Later, after discussing the possible theories by which the jury could find appellant guilty of murder, the prosecutor concluded, “If some of you say, felony murder and some of you say implied malice and actual malice, gets [sic] what? Still murder. You can use that. You don’t necessarily need to agree on all of the theories for murder.” The prosecutor’s argument highlights the lack of clear evidence regarding whether appellant possessed the requisite intent for either first degree malice murder or felony murder.17 As with the misleading instructions, the prosecutor’s comments suggested to the jury that it could find appellant guilty of first degree murder even if it did not believe that appellant acted with either felonious intent or express malice, but only with implied malice.

In sum, the absence of a second degree murder instruction essentially left the jury with the all or nothing choice of first degree murder or acquittal, when the evidence suggested a middle ground. The misleading instructions on implied malice murder and the felony-murder special-circumstance, together with the prosecutor’s confusing argument, further muddied the situation and made it more likely that the jury would find appellant guilty of first degree felony murder based on a mistaken understanding of the law of felony murder and implied malice murder, and regardless of whether the evidence truly supported such a verdict.

Another Humboldt County Judge in trouble

◼ Another Humboldt Judge Regularly Submitted Fake Paperwork to Get Paid, State Commission Finds - Hank Sims/Lost Coast Outpost

...The California Constitution requires all judges to decide cases within 90 days after they have been fully submitted and argued. If a judge fails to do so, then he forfeits his salary. (See Article 6, Section 19 of the Constitution at this link.) They are required to regularly submit signed affidavits stating that everything is on track, so that their paycheck may be released.

It is these affidavits, the commission says, that Wilson has fudged. While claiming that he had cleared all his cases on schedule, he had actually been late to various degrees — sometimes up to a month late.

Heavy workload is no excuse...

◼ Bigger story than false salary affidavit by Judge Wilson is failure to disclose that the D.A had requested his pay records, will this undo past rulings? - John Chiv/Words Worth

Peter Martin's prayer lawsuit denied review by CA Supreme Court

◼ Clarification about the prayer lawsuit that was not clear from the Times-Standard article - John Chiv/Words Worth

The Appellate court dismissed and ruled against Carole Beaton and her lawyer Peter Martin in their appeal of Judge Watson's decision to uphold and allow invocations before City Council meetings.

Eureka City Frank Jager said, "We won this one."

◼ Carole Beaton prayer lawsuit denied review by CA Supreme Cour - John Chiv/Words Worth

Things are not ok at the Harbor District.

They weren't ok before the election, which should have opened a window onto the issues. The problems have not gone away, and all the protestations to the contrary by sitting Harbor Commissioners will not stand up to the test of time.

And it's not just Greg Dale's glaring conflict of interest.

More to come.

John Chiv on Thursday Night Talk

◼ With Linda Stansberry - LISTEN

Angels in the Blogosphere, and in Law Enforcement, first responders...

◼ ‘I NEED HELP,” AN EMAIL BRINGS THE HUMBOLDT COUNTY SHERIFF’S OFFICE TO THE RESCUE - Kym Kemp/Redheaded Blackbelt
and then...
◼ Unknown dude, pounds on my door, asks me to call the ambulance, then belligerent to me and the fire department... - John Chiv/Words Worth