Attorney: Gundersen to post bail today - UPDATED

☛ TS Bail lowered from $1.25 million to $50,000 at a hearing this afternoon.
☛ ER Gundersen to be released from jail tonight
On Friday, Watson dismissed the emergency protective order placed on Gundersen follow his preliminary hearing in April, which prohibited him from contacting Seal.

Gundersen will be sentenced on Oct. 22 and faces at worst three years, eight months in prison, mostly related to the firearm 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

****

Another funny quote:

When Stoen talks about the PL suit, his complete confidence in its success is disarming. "I will win this case," he says. "If Paul's not recalled, I am guaranteeing you that we will win this case. I don't know what the penalties will be, but this case is as solid as a rock." ☛ NCJ Cover Story

Yeah. He also said he only needed two pieces of paper and a couple of expert witnesses and this case was a SLAM DUNK.

His own words...

★ "...Top on Gallegos' list is the proliferation of "garbage cases," small-time crimes and overcharged cases that he said are clogging up the court system.

Garbage cases, said Gallegos, come in two forms: Cases that would lose if actually brought to trial and cases that are overcharged for the crimes committed. The idea behind filing both kinds of garbage, he said, is to get the defendant to plead guilty, netting a conviction without having to go into court.

"Probably 95 percent of the cases that are filed plead guilty. In fact, there are a lot of cases that are filed on the assumption they will plead guilty, because of the time and expense involved in defending them. But these cases shouldn't even be filed in the first place, because if they were challenged, they would lose," Gallegos said. Better yet: If they weren't filed at all, it would save the county time and money...." North Coast Journal 2/21/02

Too bad he didn't take his own advice.

Ooooh! Nasty! - 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

****

In addition to the 28 charges Gundersen faced in the trial that ended Wednesday, the former police chief was also held to stand trial on charges of forcibly raping a second victim at gunpoint and acting unlawfully with department records.

Friday, Clanton asked that the District Attorney's Office make a decision at the earliest possible time as to how to proceed with those charges.

”You can pester all you want councilor,” said Deputy District Attorney Arnie Klein, who appeared on behalf of the people. “We'll make (the decision) at the appropriate time.”

Funny, Mr. Klein, this case has sped along at the speed of light. From all reports this upcoming case has no evidence in sight. A decision ought to be easy. The decision ought to have been made when the charges were filed. No?

Also in the article: ☛ TS Protective order revoked in Gundersen case
Friday, Seal appeared in court on Gundersen's behalf and requested that Watson lift the protective order.
Gundersen, who appeared in court with his hands shackled in front of him and clad in a red jump suit, was also scheduled to have a bail hearing Friday, but that matter was continued to Monday, when District Attorney Paul Gallegos would be available to appear for the people.

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

****

Lost another one to Ditech!

Deputy District Attorney Kelly Neel, who has been handling the (Belant) case, will be leaving the office for another job at the County Counsel Office, Gallegos said.

Congratulations to Kelly Neel!

Question once more is, "Who's left?" He's now down 41. Maybe more.

It also means Gallegos no longer has a Vertical Child Abuse Prosecutor

Fundamental Lack of Understanding

Coming on the heels of Gallegos' statement that the statute of limitations doesn't start until law enforcement finds out about a crime comes another that reveals his complete lack of understanding of how his own department functions.

It's the case of Andrew Belant, accused of molesting three boys, who has just secured the right to represent himself in his trial.

Gallegos' reaction - “It gives him a chance to beat up on these kids and to personally ask them questions,” Humboldt County District Attorney Paul Gallegos said. “Can you imagine if you’re a victim and the person cross-examining you is the person who victimized you?” ☛ ER Defendant to represent himself in molestation case

Apparently, Gallegos doesn't know any more about the law than anonymous bloggers - does not understand that the children do not have to submit to direct questioning and do not have to face the man accused of molesting them. They can testify via videotape. That's what you have/HAD? a CAST unit for. To PROTECT kids.

more t/k

Links to BELANT coverage

☛ TS Teacher's aide, assistant youth director arrested on molestation charges 3/04/2008
☛ ER Eureka resident arrested for alleged sexual abuse 3/04/08
☛ TS Alleged child molester pleads not guilty 3/05/2008
☛ ER More charges filed in alleged molestation case3/06/08
☛ TS More charges filed against accused child molester 3/07/2008
☛ TS DA: Investigation into child molestation case could take two weeks 3/08/2008
☛ ER Molestation charges reduced 4/17/08
☛ ER Intervention hearing for Belant scheduled for May 22 4/29/2008

Huh? - UPDATED

For his part, District Attorney Paul Gallegos said he believes the statute of limitations clock, even on misdemeanors, doesn't start running until law enforcement knows or reasonably should have known of the offense. In this case, Gallegos said, that means the statute of limitations would not run out at least until Feb. 8, 2009, or one year after Gundersen's arrest and the discovery of the photographs in question. ☛ TS Gundersen's battery convictions may come under fire

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

****

So much to blog - UPDATED

so little time... I'll get the rest up later

UPDATED:

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

****

☛ TS Gundersen's battery convictions may come under fire
According to juror Ruth Moon, the jury arrived at the battery convictions based on 10 nude photos that Gundersen allegedly took of Seal without her consent and while she was unconscious. Moon said that, based on the photos, the jury felt Gundersen had touched Seal, without her consent, in order to pose her for the pictures. So, Moon said jurors convicted him on one charge of battery for each of the photos, and an additional charge for undressing Seal in order to take them.
But there may be a problem, as the battery charges are misdemeanors carrying a one year statute of limitations. Because the jury chose to convict on the battery charges in counts 1 through 11, counts that allegedly took place in January through November of 2006, it appears the statute of limitations would have run out, and that the convictions may have to be overturned as a result.
”The prosecution has a real problem,” said University of California Berkeley School of Law professor Franklin Zimring, adding that the defense will likely file a motion to vacate the convictions. “That means that either the jury wasn't aware of (the statute of limitations for misdemeanors), or that there's somebody brilliant on the jury who found a way to reprimand the chief without really convicting him.”
☛ TS No longer the man in blue A TS editorial
☛ TS
Judgment: Jury acquits Gundersen on rape charges, convicts on battery and guns
☛ ER Gundersen Trial Concludes
Gundersen verdict closes a chapter
Blue Lake looks back, moves forward
A timeline of the David Gundersen case
☛ ER Break it down: The various verdicts of David Gundersen
24 counts of felony spousal rape with an intoxicant: NOT GUILTY
11 counts of misdemeanor battery (lesser charge than rape): GUILTY up to six months in jail, a fine or both
Felony attempting to prevent or dissuade a victim or witness of a crime: NOT GUILTY
Felony possession of a machine gun: GUILTY brings maximum sentence of three years in prison
Felony possession of a silencer: GUILTY brings maximum sentence of three years in prison
Misdemeanor violation of a court order: GUILTY up to one year in jail, a fine or both
Misdemeanor possession of a controlled substance: DISMISSED at the beginning of trial

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

****

Here's a question

the big money Foundations get their money from Corporations.

If your group is funded by those big Foundations, you are supported by (laundered) Corporate money.

Right?

The Kaitlin Sopoci-Belknap/David Cobb/Demockery Unlimited family tree...

....developing....

How many names do these people have?

Ohhh, They CHANGED it!

Remember Demockery Unlimited was asking for money to defend Measure T and generously directed you to Pacific Legal Foundation's page?

Well they've fixed it - now their link goes to another little "group" - so-o-o-o let's start looking at who is who in this little game....

First - here's the new link: (and you gotta LOVE all these feel good euphemistic Orwellian group names! There oughtta be a contest for the one that's so completely the opposite of what it claims to be... but I digress...) Network for Good.ORG!!!!

Democracy Unlimited - Make a Donation!
We invite you to join us as we educate, agitate, organize and strategize to build a grassroots movement for democracy and against corporate rule! Democracy Unlimited is possible because of donations from people like you. We don’t accept any corporate or government funding. We appreciate as much generosity as you can afford...Thank you!

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Your donation is to our nonprofit partner Network for Good's Donor Advised Fund, which then grants 97% of the funds to us unless you'd prefer to add a tax-deductible 3% grant to Network for Good, in which case 100% of your donation amount will be granted to us.
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Democracy Unlimited of Humboldt County has partnered with Network for Good to securely process your online credit card donation via the Network for Good Donor Advised Fund. This transaction will appear on your credit card statement as "Network for Good".

I think it is time I did a little digging. You oughtta SEE the google results!

You're gonna be surprised how many requests for money they have out there.

Two questions - what is defending Measure T costing the County? $50,000? More? Less?

And, just how much has David Cobb/Kaitlin Sopoci-Belknap/DUHC/Humboldt Coalition for Community Rights donated to the County to date?

Did you see that!!!?! Better alert Jerry Brown

Cameras in the courtroom - UPDATED

The Times-Standard has made video of today's reading of the Gundersen verdict available online.
☛ TS link
The Journal has posted ☛ an audio 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

****

And the verdict is... IN -Not guilty of spousal rape - UPDATED

UPDATED:

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

****

☛ TS Gundersen found not guilty of spousal rape
The jury in the case against former Blue Lake Police Chief David Ray Gundersen found him not guilty of 24 charges of spousal rape, but guilty of 11 lesser charges of battery, under penal code 242.
The jury also found him guilty of two weapons possession charges - illegally possessing a submachine gun, and illegally possessing a pistol with a silencer.
In addition, Gundersen was found not guilty of attempting to dissuade the victim of a crime, but guilty of violating a court order.

☛ ER Gundersen found guilty on weapons charges but not on rape charges
He was found not guilty of 24 charges of spousal rape with an intoxicant.

For counts 1 - 11, he was found guilty of battery, a lesser charge than spousal rape with an intoxicant.

He was found guilty of unlawful possession of a machine gun and a silencer. He was also found guilty of violating an emergency protective order.

He was found not guilty of attempting to dissuade a witness.

Earlier:
☛ ER Jury back to Deliberation
The jury had to return to deliberations Wednesday morning in the trial of former Blue Lake Police Chief David Gundersen because they did not complete all of their instructions. When reviewing the verdicts, Humboldt County Superior Court Judge W. Bruce Watson, had to reinstruct the jury that if they found Gundersen not guilty of a higher crime, they had to state whether or not he was guilty or not guilty of the lesser charges. In the instructions given before deliberations started, Watson told the jury they could consider lesser charges of battery or assault if they found Gundersen not guilty of spousal rape.

More information will be announced as it develops.

☛ TS Jury in Gundersen case sent back for further deliberation
If convicted on all the rape charges alone, Gundersen faces a prison sentence of anywhere from 72 to 192 years.

UPDATE:
☛ TS Gundersen faces prison sentence for firearms
Gundersen faces a state prison sentence of up to three years and eight months for the illegal possession of a submachine gun and a pistol with a silencer, charges a jury convicted him of on Wednesday.

Gundersen will also be sentenced for 11 charges of battery, each of which carry a maximum six month county jail term or a fine of $2,000, or both. He originally faced 24 counts of spousal rape with the use of intoxicant, which carried far longer sentences that might have totaled 72 to 192 years in prison. ...He will be sentenced on Oct. 22.

☛ ER Maximum sentence of Gundersen could be 3 years, 8 months
Humboldt County District Attorney Paul Gallegos said that the maximum sentence for David Gundersen could be three years and eight months in prison for the two firearm charges.

What is clear is that Gundersen will not have to register as a sex offender.

A jury found Gundersen guilty of 11 counts of battery, possessing a silencer and machine gun and violating an emergency protective order.

Straight battery, a misdemeanor, comes with up to six months in jail, a fine up to $2,000 or both.

As for the two firearm-related charges, both penalties carry a prison sentence, along with a fine of up to $10,000 a piece.

Violating an emergency protective order, misdemeanor, carries a sentence of no more than a year in jail, a fine up to $5,000, or both.

It will up to the judge to decide whether the misdemeanors will run concurrent or consecutive with the guns charges, if the time would be served in jail or prison or whether he would get probation, Gallegos said.

Gundersen will be sentenced on Oct. 22.

The Mirror Gallegos found guilty of wankering another big case
Heraldo And the verdict is...

UPDATED:

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

****

The shove, 1966

The opposite of whining and crying:

History-rich Oberon Grill returns to Old Town

EUREKA -- “It happened on a warm Saturday evening, spring of 1910. I was there.”

So reads the framed letter, dated July 20, 1966, that hangs on the back wall in the Oberon Grill, an upscale new restaurant and bar in Old Town. Written by a Eureka resident named W.J. “Hap” Waters, the letter recalls in vivid detail the fight that took place that warm Saturday evening, now nearly a century past, between Eureka timber man Stanwood Murphy, whose family controlled the town's main industrial power, the Pacific Lumber Co., and an author traveling through town by the name of Jack London.

The fight took place inside the Oberon, Waters writes, a bar and brothel located across from the Vance Hotel. It was a knock-down, drag-out tussle, the letter says, sparked by political debate -- Murphy being described as a “Conservative Republican” and London a “confirmed Socialist.”

Both men spent the following days in the hospital, “licking their wounds,” Waters remembers, but the brawl never made the papers, he adds, “on account of the popularity and prestige of both gentlemen.” ☛ TS History-rich Oberon Grill returns to Old Town

Funny, eh?

More breaking news- Jury has reached a verdict - UPDATED

☛ TS Jury will read Gundersen verdict Wednesday
The jury in the Humboldt County district attorney's case against former Blue Lake Police Chief David Gundersen has reached a verdict that will be announced Wednesday morning.

Humboldt County Superior Court Judge Bruce Watson was handed a note from the jury at 1:45 p.m. today indicating that a decision had been made. One juror had to leave early, however, and Watson postponed the reading of the verdict until 9 a.m. Wednesday.
☛ ER link not up yet.

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

****

Good news - Federal judge puts injunction on Measure T

Kaitlin Sopoci-Belknap says the judge has ruled against the People of Humboldt County. To which we could add - "AND IN FAVOR OF THE CONSTITUTION OF THE UNITED STATES OF AMERICA, Kaitlin!"

☛ The Journal Fed Judge Issues Injunction against Measure T
The proponents of the Measure were disappointed by the ruling, but unfazed. “The court is wrong - and this isn’t the first time,” said Kaitlin Sopoci-Belknap, spokesperson for the Humboldt Coalition for Community Rights (HCCR). “Measure T follows in the footsteps of the suffragists, the abolitionists and Civil Rights activists who fought against Supreme Court decisions that upheld unjust laws. The majority of Humboldt citizens believe corporations have too much power in our society, especially in elections. Our democracy is deteriorating. We have an obligation to stand up for what’s right, even if the courts are not currently with us.”
☛ the Court Ruling

☛ TS Federal judge puts injunction on Measure T
A U.S. District Court judge has issued an injunction against the 2006 ballot Measure T, saying it likely violates the First and 14th amendments.

The Humboldt County ballot measure put a ban on political contributions by corporations that are not exclusively local. Mercer Fraser Co. and O&M industries, both based locally but with some of its workforce out of the area, challenged Measure T. Democracy Unlimited, the primary sponsor of the initiative, is defending the measure, saying only natural persons possess civil and political rights, unlike corporations, which are creations of state law.

Judge Susan Illston ruled Monday in San Francisco that Measure T may burden corporations' First Amendment right to make political expenditures and campaign contributions, and doesn't allow corporations to form segregated funds. But even if it did, Illston wrote, it may still be unconstitutional because it regulates non-local corporations more stringently than non-local incorporated unions.

Measure T also likely violates the Equal Protection Clause of the 14th Amendment, Illston wrote, because it burdens corporations' right to engage in political expression, but is not narrowly tailored.

Court blocks Measure T
☛ ER Judge rules for Injunction on Measure T
☛ ER A step for freedom
☛ FredBreaking news!
SoHum Parlance: Measure T injunction

I'm thinking "Democracy Unlimited" is actually a good name for Kaitlin's group since she seems to believe in the tyranny of the majority as opposed to the Constitution and the Rule of Law. The Constitution is an impediment to the "Democracy Unlimited" folks, which is one reason why her use of the Suffragette example is so offensive.

Now, Kaitlin - how much is this costing us again?

Related documents: (I am adding these as quick links in the sidebar, too)
☛ The Complaint
☛ Case Summary
☛ The Decision
☛ (POS) Measure T

Couldn'ta said it, ummm.... better.

(cartoon from frankandernest.com)

So-o-o-o, the Blogger's Picnic in Rio Dell

was WAY too much fun! Thanks, Ekovox! No fisticuffs and yes, we did talk a little bit of everything. (cartoon from frankandernest.com)

Barger murder trial to begin this week

It's quite a story how this guy came to be in jail! Complete with a pot grow, drug deals, more offers of immunity from the DAs Office, a case dismissed the day the trial was set to begin back in 2006 and refiled in 2007...
☛ TS Barger murder trial to begin this week
More than five years after Rex Shinn was reportedly shot dead near the Southern Humboldt town of Honeydew, David Gabriel Barger is preparing to stand trial for his murder.

Jury selection is expected to continue Monday for the trial, in which Barger is charged with first-degree murder and stealing Shinn's truck.

Barger was also held to stand trial on a charge of attempted murder and two counts of assault with a deadly weapon, but those charges will be tried separately.

Shinn, 32, of Loleta, was reported missing July 19, 2003, by his mother, after no one had seen him for several months. His abandoned pickup truck was found a month later by a hunter near Petrolia.

More than a year later, in January 2005, Sheriff's Office investigators were led to Shinn's body, which was later identified through dental records....

According to a Feb. 17, 2007, Declaration in Support of Arrest written by Sheriff's detective Rich Schlesiger, Barger, Shinn and four other passengers piled into Shinn's pickup on the morning of July 19, 2003, and headed to the Honeydew property of Scott Starnes, parking outside his front gate.

Shinn and Barger then left the other passengers in the truck and went up and knocked on Starnes' front door, according to the report. Starnes reportedly told investigators that he was awoken by the knocking, and was on his way to answer the door when he heard several gunshots.

When Starnes opened the door, he found Shinn lying dead with a gunshot wound to the head and Barger running down the driveway, according to the report....

Because Starnes had a marijuana growing operation on the property, according to the report, and was afraid to call law enforcement, he told investigators that he and Cordrey decided to use a backhoe to bury Shinn's body near a pond on his property.

According to other documents in Barger's case file, both Cordrey and Starnes repeatedly denied having any knowledge of Shinn's death when asked about it by law enforcement and only admitted to their roles after being offered immunity by the District Attorney's Office....

Barger was soon charged with the attempted murder of Pires, but Humboldt County Superior Court Judge Timothy Cissna ruled in June 2006 there was not enough evidence to hold him over for trial.

Barger was arraigned on a complaint of the attempted murder of Fee the next month, as well as two allegations of felony assault stemming from the incident, but the District Attorney's Office dismissed the case the day the trial was set to begin.

The Humboldt County District Attorney's Office re-filed those charges Feb. 14, 2007, as well as the first-degree murder and vehicle theft charges relating to Shinn, after the case apparently caught a break. While still in custody on the unrelated charges, Barger allegedly confessed to two people that he'd killed Shinn, according to the investigator's report....
☛ TS Read the whole story.

Related: Men reported missing a year ago, investigations still open - 8/9/04 The Times-Standard
A year ago today was the last time anyone saw Chris Giauque. Giauque, 36, of Redway, was reported missing by his wife Aug. 10, 2003, when he failed to return from meeting an acquaintance in northern Mendocino County. The next day, Rex Shinn's mother reported him missing after not seeing him for four months.

The two cases are not believed to be related but the Humboldt County Sheriff's Department is still actively investigating both cases....
☛ ER David Barger arraigned on 2003 murder 3/27/07
☛ ER Barger cases scheduled for hearing 4/11/07
☛ ER Preliminary hearing continued 7/3/07

☛ NCJ Marijuana crime 12/25/03
On Aug. 11, Southern Humboldt residents Chris Giauque and Rex Shinn were both reported missing to the Sheriff's Office -- neither has been found, and both are believed dead. Giauque, a prominent medical marijuana advocate, had been on a trip to the Spy Rock Road area of Mendocino County -- the precise purpose of the trip was unknown, but was presumed to have involved drugs. Shinn was believed to have been murdered in a drug deal gone bad. The incidents were probably unrelated.

Two weeks later, Whitethorn teenager Sean Akselsen was shot dead near Briceland. Three unidentified African American males from the Bay Area or Sacramento are suspected in the murder -- they had apparently been staying in the Garberville area for a few days, looking to score, before they met Akselsen.

Those were the worst incidents this year, but far from the only ones. There were two home invasion robberies connected with the drug, in Arcata and Manila. A carjacking and attempted murder in the Dyerville area was rumored to be related to a marijuana deal. There was a murder and car chase just over the Humboldt County line near Willow Creek in November -- a deal gone bad.

The robbers' greed is the principal cause of the violence, of course -- but the deplorable self-interest of some locals involved in the industry helps insure that this unacceptable situation becomes ever more common....
☛ NCJ MISSING MAN'S BODY FOUND 1/27/05
☛ NCJ MURDERED MEN IDENTIFIED 2/17/05
***
Related coverage:
Preliminary hearing in murder/attempted murder case continued
Date Released: Sheriff's Press Release 8/28/2003
MISSING MAN'S BODY FOUND:
MURDERED MEN IDENTIFIED:
☛ TS Barger murder trial to begin this week
☛ ER David Barger arraigned on 2003 murder 3/27/07
☛ ER Barger cases scheduled for hearing 4/11/07
☛ ER Preliminary hearing continued 7/3/07
☛ NCJ Marijuana crime 12/25/03

KT is at Blogworld

this week - check in to see what's happening there... link
The Scratching Post: Blogworld Expo 2008 - Keynote by Anil Dash and Chris Alden of Six Apart
The Scratching Post: Blogworld Expo 2008 - Keynote by Richard Jalichandra of Technorati
The Scratching Post: Blogworld Expo 2008 - Gary Vaynerchuk of Wine Library TV Keynote
The Scratching Post: Blogworld Expo 2008 - How to Implement Blogs & Social Media Strategies for Big Business
Heraldo will be interested to know that • Home Depot was directing people on where to get help during the hurricanes and used Twitter for that so that cell phone users could get at the information ata a time when people at home wouldn’t have power. Very clever.
The Scratching Post: Blogworld Expo 2008 - Corporate Blogging: Myths and Realities
• Blogging is risky. Reality: Not blogging is riskier. The discussion about you and your products is going on out there on the Internet Tubes. You can ignore it and let damaging conversations spread or you can take part in the conversation and make sure your message gets out there.
The Scratching Post: Blogworld Expo 2008 - Dave Taylor Keynote


Heraldo will be interested to know that

RIP Anon.R.mous.

anonymous said...
We regret to inform you that the man known as Anon.R.mous died a hero while fighting a blaze in southern California. His name is being witheld at the request of family, nontheless I will say that he was a firefighter often sent to many places in the country both to fight fires and train others to fight fires. He died a hero, and will be fondly remembered by those who knew him.
September 11, 2008 3:04 PM The Super Happy Fun Blog is no more.
Fred

Anon.R's first post: Welcome to Super Happy Fun Blog!
Humboldt County is so full of super happy fun people, I have to make a super happy fun blog to talk about them all! Weee!

posted by Anon.R.mous # 11:16 AM 4 comments

And, yeah, I am archiving some of his posts in the comments thread below - he had some good ones - and whoever posted the notice above may pull the Super Happy Fun Blog down.

Anon.R was a master at finding info online, and he loved to dig deeper and find out stuff about people who wrote letters to the editor - and sometimes it was hysterically funny.

I say he was one of the good guys. And I miss him. Still haven't figured out who he was, or might be.

Angelel withdraws Writ of Habeas Corpus

☛ TS Former HSU professor hints about wife's death
Former Humboldt State University swimming coach Larry Angelel stopped short of an out-and-out confession, but said during a Sept. 11 court appearance that he was responsible for his wife's death -- and claimed the act wasn't premeditated.

A jury of six men and six women found Angelel guilty of first-degree murder of his estranged wife, Lonna Angelel, on June 24, 1997. He'd maintained his innocence throughout the trial. She was reported missing Dec. 17, 1995 and her headless body was found Feb. 10, 1996, two miles from the couple's Fieldbrook home on Simpson Timber Co. land under a pile of branches.

Ten days later, Angelel was arrested on suspicion of murder. After a lengthy trial, Angelel was found guilty and subsequently sentenced to 25 years to life. He was serving time at the California Medical Facility in Vacaville. Angelel's appeal of his conviction was denied on May 5, 1999.

Angelel has been in Humboldt County since February 2007 to pursue a writ of habeas corpus. The action alleges that his public defender provided ineffective counsel by not ensuring DNA testing of hairs found on the victim's body that, he argued, may have pointed to another responsible party.

It was during the Sept. 11 court appearance on that matter that Angelel hinted to his culpability in Lonna Angelel's death.
”The Petitioner states he wishes to withdraw the Writ of Habeas Corpus, he states that he is responsible for his wife's death and it was not planned,” according to court file on the hearing.

Deputy District Attorney Max Cardoza -- who prosecuted the original case and was present at the Sept. 11 court appearance -- said the judge declined to deal with the request until Angelel's regular counsel got back into town....

The reasons behind Angelel's two-step toward a confession draw a variety of theories.

(Brad Smith, a former Humboldt County Coroner and Sheriff's evidence technician) said he suspected that Angelel was just tired of dealing with it. It's a sentiment shared by Angelel's stepson, Michael Angelel.

”The best I can figure,” Michael Angelel said in a phone interview with the Times-Standard, “he's either lost it, had some sort of conversion experience or knows he's dying.”...

In the UNBELIEVABLE! Dept.

PRESS RELEASE: Redwood ACLU Calls For Support Of Lawsuit Against Measure T

...“The proponents of Measure T and especially the Humboldt Coalition for Community Rights by their Co-Chair Kaitlin Sopoci-Belknap, are renewing the same tactics used in the 2006 election to stifle any dissent regarding the constitutionality of linkMeasure T,” said Redwood ACLU vice chair Greg Allen. “An examination of statements made by Sopoci-Belknap at the Democracy Unlimited website again attacks those with differing legal opinions. This policy has been continued by the HCCR in a letter signed by Sopoci-Belknap, herself a candidate for public office, to direct all candidates for public office in Humboldt County, including her own opponent, to support Measure T even if it is held unconstitutional by the district court.”...

Case Summary
Complaint
Measure T
Op-Ed - Why we're challenging Measure T in court
Demockery Umlimited

Fred has discussion

Links to KESSER coverage

☛ ER Court rules in Dikeman's 1992 dismissal of jurors9/12/06
☛ ER Rollin, Kesser appear in court to handle retrial issues 4/30/2007
☛ ER Judge continues Kesser, Leahy murder retrial to early July 5/07/2007
☛ ER Judge denies bail to murder suspect 5/14/2007
☛ ER Murder retrial begins Monday 7/07/2007
☛ TS Retrial dredges up past for longtime Fortuna residents 7/16/2007
☛ ER District attorney says plea deal a possibility in murder retrial 8/14/2007
☛ TS Homicide retrial now looking to start Thursday 8/15/2007
☛ ER Jury reacts to settlement in first-degree murder retrial 8/16/2007
☛ TS Kesser cuts deal in murder case 8/16/2007
...accused of hiring a hitman to kill his estranged wife in 1991 reached a plea agreement with the District Attorney's Office Wednesday that could require him to testify against his former girlfriend.

Richard Craig Kesser's retrial was scheduled to begin this week.

Under the agreement, Kesser is required to make a full statement and answer any questions regarding the death of his estranged wife, Mary Kesser. He will also have to take a polygraph test and testify “truthfully” in any trial related to her death.

If Kesser completes all of the conditions, he will be convicted of second-degree murder and sentenced to 15 years to life in prison. If he lies during questioning or commits perjury while testifying, Kesser will be convicted of first-degree murder and sentenced to 25 years to life.

The District Attorney's Office also agreed to drop the special circumstance count of murder for monetary gain, a move which makes Kesser eligible for parole. As part of the deal, Kesser waives his right to appeal his conviction....

If Kesser refuses to testify, make statements or take the polygraph, the plea agreement is off the table.
”That would be in violation of the agreement,” said Superior Court Judge Dale Reinholtsen....
☛ ER Murder retrial an example of why writer left Humboldt County 8/19/2007
☛ TS
Trial date postponed pending release of prison records
8/21/2007
☛ TS Leahy murder retrial set nearly 16 years after sentencing 9/04/2008
☛ TS Attorneys discard Kesser's polygraph results 9/17/2008
A failed polygraph test taken by Richard Kesser, a Fortuna man accused in 1991 of hiring a hit man to murder his estranged wife, was thrown out of evidence Tuesday after attorneys in his case agreed to administer a new test.

The agreement was another step in a prolonged plea deal, arranged in 2007, requiring Kesser to make a full polygraphed statement regarding the deal struck with his former girlfriend and a hit man to kill his former wife, Mary Kesser.

Under the plea agreement, if Kesser truthfully answered the questions posed in the polygraph test, and testified in any trial related to Mary Kesser's death, he was to be convicted of second-degree murder, rather than first-degree murder.

However, court documents show Kesser showed deception on a number of answers given during the test.

Attorneys had agreed if Kesser failed to answer the questions truthfully, he would be convicted of first-degree murder and sentenced to 25 years to life....

Prosecution and defense attorneys agreed Tuesday to find a new polygraph technician to readminister the test. Kesser is expected to return to court Sept. 25.
Richard Craig Kesser, Petitioner-Appellant, v. Steven J. Cambra, Jr., Warden, Respondent-Appellee., 392 F.3d 327 (9th Cir. 2004)
Federal Circuits, 9th Cir. (December 16, 2004)
Docket number: 02-15475
Permanent Link: http://vlex.com/vid/18465828
Id. vLex: VLEX-18465828
http://www.riodelltimes.com/Court/

Argued and Submitted December 13, 2005--Portland, Oregon Filed September 11, 2006
Filed October 14, 2005
☛ TS Humboldt County jail inmate attempts suicide breaking news 12/2/08
☛ TS Kesser attempts suicide at Humboldt County jail 12/3/08
☛ TS Kesser has died

Richard Craig Kesser, an inmate who reportedly hanged himself in his cell at the Humboldt County jail early Tuesday morning, has died, the Humboldt County Sheriff's Office reported.
Kesser, 47, was in critical condition after the suicide attempt, and was placed on a life support system at St. Joseph Hospital. According to HCSO information, Kesser died shortly after 11 p.m.
He had been incarcerated since 1992, when he was found guilty of first-degree murder for soliciting the killing of his estranged wife in 1991.
An autopsy will be conducted by a forensic pathologist later this week, the Sheriff's Office reported.

☛ TS Man convicted of wife's murder dies after hanging himself

THE SIDE STORY - Gallegos' conflict in this case:

☛ ER Two protestors call Dikeman a "racist"; he disagrees 5/20/06
☛ ER Second news release countering racism allegations issued 5/22/06
☛ ER Mrs. Kesser speaks. Elections should focus on the good record of candidate 5/27/06
☛ ER Dikeman is a man of integrity and professionalism 6/4/06
☛ ER Court rules in Dikeman's 1992 dismissal of jurors9/12/06
Of special note: More than monetary contributions - Ellie Bowman was one of the two "protestors" - Worth Dikeman successfully prosecuted Ellie Bowman's son, Jeff Bowman, for murder. Bowman went to prison for 25 years to life for the murder of a Trinidad Rancheria Tribe Member named Julius Aubrey.

But Ellie Bowman was not only the mother of a murderer convicted by Worth Dikeman, she also had another son facing charges... on July 19th. less than six weeks after Gallegos was re-elected and one week after the court ruling in the Kesser case, the "DA’s Office gathered nine felonies and a handful of misdemeanors pending against Derek (Bowman), and dismissed or suspended sentence on all of them in a single day....

In all, the Bowmans, the tribe and an attorney employed by the casino contributed $11,100 to Gallegos’ campaign coffers, just under 10 percent of the total of all funds raised by the incumbent during the campaign, according to FPPC filings.

In addition to the $10,000 contribution in the name of the Rancheria, Leonard and his wife personally contributed $100, the FPPC documents show...."

Gallegos, of course, denies it all - as you will see in the stories linked below.
Related coverage:
☛ TS ER - Bear River members seek chairperson's recall
☛ ER ER - Gallegos sidesteps questions about possible conflict of interest in Bowman charges
☛ ER ER - Questions without answers hinder our newsgathering
☛ ER ER - Bowman story not accurate
☛ ER ER - Contribution made because Gallegos was the better of the two
☛ ER ER - Questions remain in DA's handling of Bowman charges
☛ ER ER - Bear River official discusses financial contributions from tribe
☛ ER ER - Tribe's contribution to DA's campaign was made by the Tribal Council, not Bowman
☛ ER ER - Gallegos is 'public servant,' not Legal Spiegel
☛ ER ER - It's telling that Gallegos witch hunt didn't start until firing of Dikeman
☛ ER ER - Writer appreciates editor's note that identifies writers
☛ ER ER - Residents deserve answers to questions asked of DA's Office
☛ ER ER - Bitter? You bet!
☛ TS TS - Donations not improper, says Bear River Band
☛ TS TS - DA's office: State OK'd handling of plea deal

Two bodies this week

☛ TS Officials investigating death of woman found in river
☛ ER Woman’s body found along Eel River near Fortuna
...Three men who were near the River Lodge and provided information to police spoke to The Eureka Reporter about what they saw on condition of anonymity.

The three men said they talked with the man later questioned by police outside the River Lodge at about 10 a.m. on Tuesday and that he said he was looking for a black-haired woman.

The witnesses said he rode away on his bike down a nearby dirt path behind the lodge and returned later at approximately 4 p.m., his pants covered in dirt and appearing distraught.

The unidentified man told the men that he had found the woman, but that she wouldn’t wake up after he said he attempted to resuscitate her with CPR.

Witnesses also said that the man said he and the woman got “pretty toasted” together the night before and that he had left her there after he couldn’t wake her....

☛ TS Homicide investigation in SoHum
☛ ER Sheriff’s investigating possible murder in SoHum

UPDATES:
☛ TS Suspected homicide victim died of gunshot wound

A suspected homicide victim from San Francisco, whose body was found near Alderpoint last week, died of a gunshot wound, the Humboldt County Sheriff's Office reported Thursday.
Authorities are still working to uncover the details of how 35-year-old Reetpaul Singh Rana died, and are withholding additional information about the investigation.
Rana's body was found Saturday in a wooded area along Dyerville Loop Road, near Alderpoint. The body was found nearly 100 miles from the burned-out remains of his light-blue 1996 SAAB four-door sedan, which was found along the north side of Big Lagoon, Sept. 10.
According to Humboldt County Sheriff's Office Lt. George Cavinta, the body appeared to have been dumped in the area. County Coroner Frank Jager said the man likely died about four or five days before he was discovered.

☛ ER San Francisco man died from gunshot wound
☛ TS Woman's body recovered from Eel River

Authorities are investigating the suspicious death of a 48-year-old Fortuna woman, who was found in the Eel River Tuesday afternoon, Humboldt County Deputy Coroner Charles Comer said Wednesday.
The body of Rosemarie Voyd was found in the water along the bank of the Eel River, near the River Lodge in Fortuna. But Comer said “it's not obviously a drowning. We're considering it a suspicious death.”
According to Comer, a man was said to have been drinking with Voyd along the river bank the night before she was found. Lt. George Cavinta of the Humboldt County Sheriff's Office said that man has been interviewed by law enforcement, but is not being detained at this time.

Out of the frying pan, into the fire.

☛ TS Attorneys discard Kesser's polygraph results
Gallegos' deal: A failed polygraph test taken by Richard Kesser, a Fortuna man accused in 1991 of hiring a hit man to murder his estranged wife, was thrown out of evidence Tuesday after attorneys in his case agreed to administer a new test.

The agreement was another step in a prolonged plea deal, arranged in 2007, requiring Kesser to make a full polygraphed statement regarding the deal struck with his former girlfriend and a hit man to kill his former wife, Mary Kesser.

Under the plea agreement, if Kesser truthfully answered the questions posed in the polygraph test, and testified in any trial related to Mary Kesser's death, he was to be convicted of second-degree murder, rather than first-degree murder...

And now: ...Prosecutors in Kesser's case argued for the legitimacy of the question. A court document signed by District Attorney Paul Gallegos stated, “Kesser knew what the truth was and all he had to do was be truthful. Instead he lied. Defendant thought he could fool the examiner and he failed.”

Prosecution and defense attorneys agreed Tuesday to find a new polygraph technician to readminister the test. Kesser is expected to return to court Sept. 25...

Federal court denies request to restrain Measure T

☛ ER Federal court denies request to restrain Measure T
A federal court denied a request Monday by two companies suing Humboldt County over Measure T to have a temporary restraining order placed on the ordinance, except in one specific instance.

Both companies, Mercer-Fraser Co. and O & M Industries, tried to have the restraining order put into play so they could freely attend several political events this week and contribute to local candidates and measures....

...a preliminary injunction hearing is scheduled for Monday, which could determine whether Measure T is restrained until the U.S. District Court of Northern California makes a ruling on the law...

Both O & M Industries Vice President Rob McBeth and Mercer-Fraser Vice President Justin Zabel wrote in their declarations that their companies were invited to a private fundraising dinner with other local businesses, scheduled for sometime today, where they expected to contribute $500 each.

“The purpose of the meeting is to convene a round-table discussion concerning candidates in the various local election races anticipated to be the most receptive to the needs of small business and creation of local jobs,” both wrote in their declarations.

The court ruled that both companies can pledge to support a candidate at the event, but cannot give any funds as of yet, said Randy Riddle, an attorney representing Humboldt County in the lawsuit.

Both companies also want to contribute $1,000 to oppose two sales tax increases scheduled for the November ballot – Measure D for Eureka and Measure G for Arcata.

On behalf of Mercer-Fraser, Zabel wrote that the company also wants to spend a total of $1,000 on two of the three candidates running for the 2nd District Humboldt County Board of Supervisors seat. The three candidates are appointed incumbent Johanna Rodoni, Estelle Fennel and Clif Clendenen.

On behalf of O & M Industries, McBeth wrote that the company wants to contribute $500 toward the creation of a candidate mailer for both the Eureka and Arcata city council races, which would be sent out to absentee voters on Sept. 30.

The one request the federal court did approve involved a campaign event being hosted by the Friends of Johanna Rodoni at the Fortuna Veterans Memorial Building. Tickets to the event cost $25.

The court ruled that McBeth can attend and pay the ticket fee, but couldn’t participate in any auctions or other fundraising events there, Riddle said.

Gundersen case goes to the jury UPDATED

☛ TS Gundersen case goes to the jury
The Humboldt County District Attorney's spousal rape case against former Blue Lake Police Chief David Gundersen is in the hands of the Superior Court jury.
The defense made its closing statements on Tuesday, trying to convince the jury that Gundersen's wife, Darcie Seal, was involved in a plot with his ex-wife, who was aiming to gain full custody of her children, to falsely accuse Gundersen of repeatedly raping Seal. While Seal originally made the claims to investigators, she has testified at trial that she was lying.
”In all of this Darcie Seal is just a pawn,” Gundersen's defense attorney Russell Clanton said....

Pretty speedy closing arguments, on both sides.

☛ TS Gundersen case in jury's hands
Clanton began his closing argument by telling the jury the picture it has received of Seal does not fit that of someone who has been controlled and abused. She openly made fun of Gundersen in public, was characterized as insubordinate by a co-worker and controlled the family finances, Clanton said.

”That is hardly the profile of a battered partner,” Clanton said.

The real roots of this case, Clanton said, can be found in Gundersen's relationship with his ex-wife and their long and acrimonious family law case...

Characterizing Gundersen's ex-wife as a blatant liar, Clanton said she gained the confidence of Seal and, when a custody hearing was on the horizon and Seal was in a fragile state, hatched a plan to gain full custody of her children.

Clanton said Seal was exhausted by work and parenting, a mental state that was complicated by a “systematic abuse of mood medications that were prescribed to her, of all people, by her plastic surgeon.”

When Seal was called into the Sheriff's Office main station on Feb. 8, Clanton said, she was an unwitting pawn in Gundersen's ex-wife's plan. The allegations Seal made to investigators that day, Clanton said, were an “improvised replica” of what Gundersen's ex-wife had told her.

When things slipped out of Seal's control that day, and she realized Gundersen was going to be arrested based on her allegations, Clanton said Seal immediately began to try to tell investigators her allegations that Gundersen had raped her hundreds of times over several years were untrue.

Clanton said when Seal told the DA's office she would refuse to falsely testify against her husband in the case, coercion began.
On March 25, the same day a date was set for Gundersen's preliminary hearing, Clanton said DA Investigator Wayne Cox authored a report identifying Seal as a grand theft suspect based on allegations that she gave her ex-brother-in-law firearms and marijuana grow equipment out of Blue Lake Police Department evidence.

There is no explanation for the timing of the report, Clanton said, other than that the DA's Office was trying to force Seal to testify falsely against her husband, threatening to charge her with a felony if she did not.

”It's coercion at its worst -- telling someone, 'we're going to take your freedom or you'll testify,'” Clanton said.
Seal's testimony during trial, Clanton said, is the truth she's been trying to tell ever since that Feb. 8 interview with investigators. ...

Further, Clanton said the prosecution has failed to prove that the sleeping aid Lunesta Seal was taking is powerful enough to render someone unconscious and incapable of consent.

As to the charges of attempting to dissuade the victim of a crime, Clanton said both Seal and a family friend told Gundersen that Seal was dropping all the charges and would not follow through with the case.

”My question to you is how can you dissuade somebody who is dropping the charges -- who has no interest in going forward?” Clanton asked the jury.

The firearms Gundersen is charged with illegally possessing were possessed by Gundersen in his official capacity as chief of police, Clanton said, and therefore were not only legal but were also evidence of good planning for a city that is home to a casino.

”I think this whole issue of weapons has been brought forward just to besmirch my client's character and, maybe, make these spousal rape allegations all the more believable,” Clanton told the jury, concluding that the only reasonable verdict for it to come to is a full acquittal on all charges.

☛ ER Spousal rape case goes to jury
...Clanton spoke at length about Gundersen’s ex-wife, pointing out to the jury that she lied on the stand several times and took steps to mislead Seal into talking to investigators to advance her own agenda — mainly that of winning a heated custody battle for the family’s two children.

One example Clanton gave of Gundersen’s ex-wife lying involved a phone conversation with her attorney at the time, Joan Gallegos. Gundersen’s ex-wife told Seal that Joan Gallegos told her that District Attorney Paul Gallegos, Joan Gallegos’ husband, was willing to prosecute Gundersen.

Joan Gallegos denied the allegations on the stand...
Paul Gallegos, during his rebuttal, rehashed much of what he said Monday, adding that in all the letters and e-mails exchanged between Gundersen and Seal, he never denied the allegations of rape.

If the allegations were indeed false and a product of manipulation, Gallegos asked, why would Seal tell investigators she wished there was more evidence against Gundersen?...

Gallegos rests his case - UPDATED

UPDATED:

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

****

☛ TS Gallegos delivers closing argument
☛ ER Prosecution issues closing arguments in former police chief’s trial
Gallegos said that in all the contacts Gundersen had with Seal after being arrested, he never refuted the charges against him...

I guess that means Gundersen never took the stand - and I am surprised Gallegos would use that as 'evidence.'

(GRIFFIN ERROR (Griffin v. California (1965) 380 U.S. 609 [14 L.Ed.2d 106]). - A prosecutor is not permitted, either expressly or by direct implication, to comment in the presence of the jury on a defendant's exercise of the right against self-incrimination.)

UPDATED:

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

****

The CSI effect

Criminals now know that the evidence found in vehicles can sink them - so, looks like the news standard operating procedure is to burn the vehicle, and trust that all evidence will be destroyed. That and cutting out the blood soaked upholstery, I guess. Looks like it didn't help ☛ ER Josiah Miller. He's just been charged with murder.

Here's the latest one - ☛ TS Homicide investigation in SoHum
The victim owned a light/faded blue 1996 SAAB four-door sedan. A statewide lookout for the vehicle was sent out Sunday morning.
Humboldt Sheriff's deputies working the north area recalled a vehicle fire that Cal Fire responded to on Wednesday evening with a similar vehicle description. The victim's burned out vehicle was located on a dirt access area on the north side of Big Lagoon. The vehicle was completely destroyed in the blaze.
Additional Investigators from the Department of Justice Field Evidence Division and the Humboldt County Arson Task Force responded to assist in processing the victim's vehicle.

☛ ER Sheriff’s investigating possible murder in SoHum
A small to medium-sized black terrier-type dog ran loose near the body of the male when deputies arrived, wearing a leash and dog tags from San Francisco. The dog was missing its front right leg in a prior incident, the HCSO release stated.

After checking with authorities in the city, the identity of the male was confirmed.

In a possibly related incident, the victim owned a faded blue 1996 Saab that resembled a vehicle found burned on Wednesday night on the north side of Big Lagoon.

HCSO is investigating the possible murder and arson and are looking for any witnesses that recall seeing the car, dog or person in question.

Tuesday:
☛ TS Homicide suspected in death of San Francisco man

The body of a 35-year-old San Francisco man was found Saturday night in a forested area of Southern Humboldt, and authorities say they suspect homicide.
Investigators know the man's name and cause of death, but that information is being kept secret by law enforcement out of concern releasing it may jeopardize the investigation, said Humboldt County Sheriff's Lt. George Cavinta.
”It's obviously a homicide,” Cavinta said. “Right now the only people who know his name is us and the bad guys.”
According to information from the Humboldt County Sheriff's Office, the body was found in the forested area of Dyerville Loop Road, north of Alderpoint Road.
Cavinta said the body appeared to have been dumped in the area and Humboldt County Coroner Frank Jager said the man was probably dead four or five days before being discovered....

,,,The man is described as an East Indian adult, 5 feet 9 inches tall, 175 pounds, with black hair and brown eyes....
☛ ER Sheriff’s Office looking into possible murder

UPDATES:
☛ TS Suspected homicide victim died of gunshot wound

A suspected homicide victim from San Francisco, whose body was found near Alderpoint last week, died of a gunshot wound, the Humboldt County Sheriff's Office reported Thursday.

Authorities are still working to uncover the details of how 35-year-old Reetpaul Singh Rana died, and are withholding additional information about the investigation.

Rana's body was found Saturday in a wooded area along Dyerville Loop Road, near Alderpoint. The body was found nearly 100 miles from the burned-out remains of his light-blue 1996 SAAB four-door sedan, which was found along the north side of Big Lagoon, Sept. 10.

According to Humboldt County Sheriff's Office Lt. George Cavinta, the body appeared to have been dumped in the area. County Coroner Frank Jager said the man likely died about four or five days before he was discovered.

☛ ER San Francisco man died from gunshot wound

Josiah Miller arraigned on murder charges

☛ TS Josiah Miller arraigned on murder charges
Josiah Miller, a 27-year-old Arcata man, was arraigned today on the charges of murder and abuse of a corpse in the state circuit court for Curry County, Ore.. His bail was set at $1,000,000 by Judge Cynthia Beaman
Previous coverage

☛ ER Murder charges filed against Miller

☛ TS Miller arraigned in Oregon for murder, corpse abuse
☛ ER Murder charges filed in slaying of Crescent City woman

Closing arguments expected to begin today in Gundersen - UPDATED

UPDATED:

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

****

☛ TS Closing arguments expected to begin today in Gundersen c
Over the past four weeks, the jury has seen the prosecution try to paint a picture of Gundersen as a controlling and overpowering husband who began having sex with Seal against her will and while she was unconscious after marital difficulties hampered the couple's sex life.

The prosecution has tried to show that Seal was honest with investigators during the Feb. 8 interview that led to her husband's arrest, and has only since recanted her allegations out of a fear of her husband.

The defense has tried to paint a picture of Seal as a dishonest and emotionally unstable woman who made a habit of saying one thing and doing another or telling varying versions of the same story.

Further, the defense has tried to how that Seal was a pawn in a plan hatched and executed by Gundersen's ex-wife in an effort to gain full custody of the couple's two children.

As to the matter of the guns Gundersen is charged will illegally possessing, the defense has tried to show Gundersen lawfully owned them as a part of his official duties as police chief, while the prosecution has tried to show Gundersen possessed them for purposes outside of his former capacity as Blue Lake's top law enforcement officer.

UPDATED:

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

****

Gallegos has a nice quote

in this story about a guy who pled guilty by reason of insanity. Terribilini's defense: Examining the insanity plea in Humboldt County

Gallegos said there is no telling when Terribilini will be released from treatment. But while he may be in the hospital longer than he would have been in jail, the “truth is, he is getting treatment, medication and a safe environment.”
”Ultimately,” Gallegos said, “the crux of the matter is, people need to care about these people. If our position is: So long as we don't see them or deal with them then we're fine, then we're not taking any kind of care of them.”

Not sure about the point of the story, which seems to be lamenting the fact that said guilty plea has kept the guy in treatment longer than he might have served if convicted.

Terribilini was recommitted in early August by a panel of 12 jurors who listened to expert testimony given by his doctors. In his 2008 progress report, doctors stated that although he has shown significant improvement, Terribilini's social skills are still too poorly managed to grant him release. The jurors listened to the experts, and ruled to extend the commitment for another year....
”People who are mentally ill commit crimes on a daily basis,” he said. “It's a real illness of society -- how you measure society is how it treats these people.”
If the Humboldt court system had a more expansive budget, Klein said he thinks the best possible way to decide where and how mentally ill offenders would be treated would be to have a panel of psychiatrists to perform evaluations, which a judge would then use to form a decision. But Klein said that isn't the case.
”What we have is highly paid professionals. They testify, and you know who gets to decide? Twelve laymen,” Klein said. “It's an imperfect system. Something's wrong here.”

The thought occurs to me that his big mistake it seems to me is that he didn't wait until Gallegos was elected - I mean knock(ing) his girlfriend to the ground, repeatedly kick(ing) her in the ribs, then (holding) her down by the neck before stealing her cigarettes and running away - doesn't seem like that big of a deal, does it?

And I wonder if Mr. Klein understands that society is also measured by how it PROTECTS its people, and letting insane antisocial people run amok is not exactly a good idea... And, "twelve laymen" - a jury - is something you should have more respect for. What do you think?

Is the civil suit about to start or something?

☛ TS In memory of Cheri Lynn Moore
Ok. I'm cynical.

Fed v State

☛ TS blogs Judge says Feds violated 10th Amendment by subverting state marijuana laws
A landmark decision for all Californian's quietly made history on August 20th in a Santa Cruz courtroom.
For the first time since 1996, when the Compassionate Use Act was passed, the federal authorities have been charged with violating the 10th Amendment for harassing medical marijuana patients and state authorities... (As It Stands by Dave Stancliff)

a TRO on T delayed.

☛ ER Companies challenge Measure T in court over definition of ‘local’ business
Two companies challenging the constitutionality of a voter-approved county ordinance are asking the U.S. District Court for Northern California to issue a temporary restraining order that would allow them to contribute to supervisorial candidates’ campaigns in the upcoming election.

Mercer-Fraser Company and O & M Industries filed a lawsuit against the county in August over Measure T, an ordinance that prohibits “non-local corporations” from contributing to any election inside Humboldt County borders.

On Friday, a hearing to have a temporary restraining order (TRO) placed on the ordinance so that the two companies may contribute was continued until Monday.

So, they're asking for a stay until the matter is finally decided. And the County is fighting THAT?

Day seventeen - a little late - UPDATED

UPDATED:

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

****

☛ TS AG: No conflict of interest in Gundersen case.
The California Attorney General's Office has reviewed a letter from former Blue Lake Police Chief David Gundersen's wife and concluded that no conflict of interest exists in District Attorney Paul Gallegos' handling Gundersen's rape case.

”We reviewed the letter and determined that it relates to this ongoing prosecution of a serious felony,” Attorney General's Office Deputy Press Secretary Abraham Arredondo said. “We feel there is no conflict that would prevent the DA from discharging his duties correctly.”

Arredondo said he couldn't get into the specifics of how the Attorney General's office looked into Seal's complaint, but said his office's role in the matter has concluded.

”We reviewed everything that was alleged, everything that was said, and from that we advised (Seal) that she needed to take her complaints to the local authorities because we saw no conflict of interest,” Arredondo said.

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

****

wtf?

So DUHC (Demockery Unlimited) has posted an ACTION ALERT! regarding Measure T! And whaddya KNOW! They are asking for MONEY, honey. And LOOK who they want you to send it to... it's the oddest thing.

What you can do:
Make a donation to support the people of Humboldt County in this lawsuit! Click here.


Crackin' me up.

Never forget..

Day Sixteen - Defense rests in Gundersen case - UPDATED

UPDATED:

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

****

BREAKING NEWS - ☛ TS Defense rests in Gundersen case
The defense rested today in the rape trial of former Blue Lake Police Chief David Gundersen, clearing the way for jury instructions and closing arguments to begin Monday.
☛ TS Defense rests in Gundersen case
☛ ER FBI expert: submachine gun use by city police not uncommon
☛ TS Blue Lake begins plans to clean up evidence locker

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

****

Day Fifteen - Gallegos' wife on the stand - 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

****

Joan Gallegos testified Tuesday that she only told Paul Gallegos of Gundersen's ex-wife's allegations after Gundersen's Feb. 8 arrest. She also testified that she dropped Gundersen's ex-wife as a client the Monday following the former police chief's Friday arrest.

Defense witnesses question Gundersen's wife's honesty

Previous testimony - July 30 - By the time Jan. 28 rolled around, Doe 1 wrote she wanted a separation with Gundersen.

On that day, Doe 1 wrote that Gundersen’s ex-wife told her she could use Paul Gallegos’ willingness to prosecute Gundersen for allegedly raping her in the past as a way to get rid of Gundersen — this after Joan Gallegos allegedly talked with him about it.

“I believe this was a conspiracy between (Paul Gallegos), his wife and (Gundersen’s ex-wife) in an attempt for (Gundersen’s ex-wife) to gain full custody of the kids,” she wrote. “Her plan worked.”...

Joan Gallegos issued a denial.

In other coverage: ...”(Gundersen's ex-wife) told me that Joan told her she had discussed the rape with her husband Paul and that he would be willing to prosecute Dave for rape if she wanted,” Jane Doe 1 writes. “(Gundersen's ex-wife), knowing that I wanted a separation from Dave due to our own marital problems, told me that we could use the fact that the (district attorney) was willing to press charges on Dave to get him to leave the county. (Gundersen's ex-wife) and I spoke many times this same day because I was not OK with her blackmailing him.”...

Then there's this: ......During cross examination, (Humboldt County Sheriff's Office Lt. Dave) Morey testified that Gundersen's ex-wife and Seal planned to have the ex-wife hold onto the computer hard drive to turn over to her divorce attorney, Gallegos' wife Joan Gallegos, for possible future use. Morey denied that he had any plan for the photos.

”I'm not going to admit to that plan because it's not my plan,” Morey said. “That's the plan (they) told me about.”
Morey testified that he did not feel that he or other investigators had coerced or brow-beaten Seal into making statements of any kind....

And this: Gundersen’s attorney, Russell Clanton, questioned Morey about a report he filed that talked about a plan where Gundersen’s ex-wife would find the photographs on the hard drive and give them to her attorney, at the time Joan Gallegos, for her custody fight with Gundersen.

A times the exchanges between the two grew heated as Clanton asked why he placed it in the report.

“That’s not my plan. That was her plan,” Morey testified. “I’m not going to admit I’m a part of this plan, because I’m not.”

Further testimony revealed that Gundersen’s ex-wife arranged Seal’s meeting with Morey, and even stood in the doorway when Seal first talked with him.

Morey couldn’t say for sure whether Seal knew she would be talking with him that morning instead of Gundersen’s ex-wife.

And, The ex-wife testifies - and Under cross examination by Gundersen's attorney Russell Clanton, Gundersen's ex-wife testified that she had spoken with her family law case attorney, Gallegos' wife Joan Gallegos, and that Joan Gallegos told her Paul Gallegos would consider prosecuting Gundersen for raping her if there was sufficient evidence.

Gundersen's ex-wife said she had no plan to use Seal to aid her in the family law case, but that she has been awarded full custody of her two children since Gundersen's Feb. 8 arrest....

Who do you believe?

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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Day Fifteen - And still No Expert Witness on Lunesta? - 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

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No Expert Witness on Lunesta? I haven't read anything about an expert witness testifying about the effects of Lunesta, did I miss that? Did Gallegos call one? Neglect to call one? Isn't that the crux of his case? That she was under the influence of Lunesta, therefore she was - raped? Is it gonna be Clanton who calls an expert witness who, in a way has the exculpatory evidence of Lunesta's own homepage?

So far the testimony seems to be all about what Darcie Seal did or didn't say and when and to whom. Who heard her say what, and not very much about Gundersen at all..

Today's coverage shows the trial is still mostly about Darcie ☛ ER Former co-workers blast Seal’s character

And in the ☛ TS Defense witnesses question Gundersen's wife's honesty

Regarding whether the guns were for departmental use: In addition: Former Blue Lake Police Chief David Gundersen let one of his sons and the wife of a department officer fire the submachine gun he is charged with illegally possessing, one of his former officers testified Tuesday, describing the department as a “family environment.”

Former Blue Lake Police Department Officer Joseph Dominic Gerace testified that he and his wife joined Gundersen, his wife -- then Sgt. Darcie Seal -- and his two sons at the College of the Redwoods Police Academy shooting range. Gerace said he went to the range to qualify to use his department-issued pistol, but wound up firing the 9 mm Heckler & Koch MP5 submachine gun instead.

When questioned by District Attorney Paul Gallegos, Gerace testified that he believed firing the submachine gun that day was the beginning of his training regiment on the weapon. Gerace testified that he thought it important to train on Gundersen's weapon “just in case” his chief needed backup.


And this: District Attorney's Office investigator Wayne Cox re-took the stand and testified that he had investigated Seal on suspicion of grand theft in March following Gundersen's arrest.

”In doing the investigation of Mr. Gundersen, it was due diligence on the part of our office to investigate all aspects of the case,” Cox said.

Cox testified that he interviewed Carl Patton, who pleaded guilty to discharging a firearm in a grossly negligent manner and was sentenced in March to serve three years in prison, and that Patton alleged that Seal had allowed him into the Blue Lake Police Department's evidence room “to shop.”

Cox testified that Patton alleged Seal allowed him to take weapons on one occasion and on another, let him take grow lights that he then used to grow marijuana in a house he was renting from Gundersen and Seal.

Gundersen's attorney, Russell Clanton, also represented Patton.

Under cross-examination, Cox testified that he followed up by asking Seal about Patton's allegations, and that she denied giving weapons to Patton, who is her ex-brother-in-law.

And, this: Former Blue Lake records clerk and Darcie Seal's aunt, Ruby Seal, also took the stand, testifying that Darcie Seal would mock Gundersen while on duty at the department, which made Ruby Seal uncomfortable. She testified that Darcie Seal took care of the Gundersen family finances and that she never saw Gundersen be verbally abusive or threatening.

Darcie Seal, her aunt testified, worked inconsistent hours and often didn't show up at work over the last year and a half she was employed with the department. She testified that she began to question Darcie Seal's honesty.

”I doubted some of her honesty, yeah, because she would change her story from time to time,” Ruby Seal testified.

Gerace also testified that he had doubts about Seal's honesty, saying she often wouldn't follow through on things she said she would do.

”My opinion was she could not be trusted,” Gerace said. “Her opinion did not hold any water with me toward the end.”

The former Blue Lake officer also testified that Darcie Seal would ridicule Gundersen in front of other department employees about his weight. She did it in a “jovial fashion,” Gerace testified, but added he didn't feel it was appropriate for the work place.

Gerace also described Darcie Seal as being “insubordinate,” often questioning, and at times overriding, Gundersen's departmental decisions.

”What Sgt. Seal said went -- that's how I understood it,” Gerace testified.

Darcie Seal's teenage son also took the stand Tuesday, testifying that he'd never seen Gundersen threaten or abuse his mom.

Under cross-examination, Gallegos asked the teenager about statements he made to investigators that his mom had told him, prior to Gundersen's arrest, that Gundersen had been sexually abusing her. Darcie Seal's son said on the stand that those statements weren't true.

More and more bizarre. Joan Gallegos also took the stand and Paul declined to cross-examine her.

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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Just askin'

It is ILLEGAL to commercially sell Sport-Caught Salmon, right? Non-profits have to buy the fish they serve at local fundraisers, by law. Does Pete Nichols/Baykeeper have a Commercial Fishing License? How about a sales license? How does this work exactly? And, will the DA prosecute his campaign manager's husband?
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From: pete@humboldtbaykeeper.org
Save the Date: 2008 Birthday Bash
Join us for our third annual benefit dinner and dance on Friday, September 26 at the Arcata Community Center. We're aiming for yet another incredible night of dining, dancing, and celebrating our coastal waters with the people who make Bay protection come to life - that means YOU!

This year's event will feature Alaskan Copper River salmon, personally caught (gill netted?) by Baykeeper director Pete Nichols - a fabulous silent auction and benefit drawing with incredible prizes - the third annual Waterkeeper of the Year award presentation - dancing to the sounds of the West African Highlife Band - and much more!

Menu by Hurricane Kate's will delight you with:

Salmon - fresh-caught from Alaska's Copper River;
Beef - last year's offering was sirloin steak; or
Vegetarian - last year's offering was African chickpea and sweet-potato stew
(Check back soon for full menu)

Download a ticket order form at right to purchase tickets for dinner by September 22. Music tickets are available in advance or at the door ($15-$25, sliding scale.)

***************************************************
Pete Nichols, Executive Director
Humboldt Baykeeper
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Related info:
About Copper River Salmon - Hundreds of fishermen try their luck, flooding the local Alaskan fishing town of Cordova in a "salmon rush" frenzy. The 500 some gill-netters fish the 35-mile wide Copper River Delta (mouth) where depth and sandbars change yearly. The rushing waters of the Copper River empty steeply from the mountains above while breakers pound in from the ocean. Parralled with unpredictable weather and tides makes fishing the "Flats" of the Copper River a bit dangerous at times. But the catch is well worth it.
admin.adfg.state.ak.us/license/prices.html
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Federal Wildlife Laws - Lacey Act
Lacey Act Amendments of 1981