A NINE MONTH Delay In Sentencing, Then A Sudden Mistrial

Gallegos may actually be doing something right this time. Early reports showed him rolling over and olaying dead, but maybe not. The declaration of Mistrial raised serious alarm bells, and multiple people are looking into it - here's the first

◼ New trial date set for child molestation case after 2 mistrials - Will Houston/Times-Standard

District Attorney's Office to appeal judge's decision with state

...In the first trial in 2011, Humboldt County Superior Court Judge Bruce Watson declared a mistrial after the jury hung 11-1 in favor of convicting Littlefield. During the second trial in September 2013, the jury found Littlefield guilty of all charges. The sentencing hearing was delayed until last week, during which Superior Court Judge John Feeney declared a mistrial for jury misconduct after a juror indicated in a declaration that the defense did not prove that Littlefield was not guilty, according to District Attorney Paul Gallegos. As the burden of proof is the responsibility of the prosecution and not the defense, Gallegos said Feeney believed there was misconduct on the part of the juror and the mistrial was granted.

"I don't believe the evidence supports that conclusion," Gallegos said. "The juror told the judge, 'I had mispoken,' and knew the burden of proof was on us. The court chose not to believe the juror."

Gallegos said his office will be appealing the decision to the state Attorney General's Office.

◼ Timothy Littlefield posted bail and is out of custody - John Chiv/Words Worth
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◼ The Timothy Littlefield story the mainstream media did not cover; another juror gives perspective - John Chiv/Words Worth

...According to the sworn affadavit on May 5, this juror received a phone call in September 2013 from a private investigator, Kevin Stonebarger, who asked him if he was willing to talk about his time spent as a juror. Fair enough. Attorneys for both sides do that. The timing was shortly after the verdict was reached in the 2nd trial....
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A. Sentencing is supposed to happen within 20 Court days. No?Sept...Oct...Nov...Dec...Jan...Feb...Mar...Apr...May... what the hell happened?

B. Where'd this sudden discovery of 'juror misconduct' come from?

C. Did Gallegos cross-examine this juror regarding this sudden revelation? It appears so.... how and when?

Rumor proves true: Littlefield case to be retried

◼ Unconfirmed as of now but Timothy Littlefield case to be retried? - John Chiv/Words Worth

◼ McKinleyville Man Facing 8 Life Sentences Granted Mistrial - Thadeus Greenson/The Journal

Timothy Floyd Littlefield was facing eight life sentences in state prison without the possibility of parole stemming from convictions on 11 child molestation charges when he stood before Humboldt County Superior Court Judge John Feeney last week at a sentencing hearing. Instead of sentencing Littlefield to serve 188 years to life, as he said was his intent, Feeney declared a mistrial in the case, finding juror misconduct in the months-long trial that wrapped in September.

“In all my years as a laywer, I have never seen anything like this,” Littlefield’s attorney, Russell Clanton said. “It was a great day for justice.”

...One of those jurors, Clanton said, told his investigator that he simply felt the defense didn’t prove Littlefield was not guilty during the trial. “I almost fell out of my chair,” Clanton said. Knowing the criminal justice system places the burden of proof on the prosecution in all cases, and that he, Feeney and the prosecutor, District Attorney Paul Gallegos, had all gone to lengths to explain that to the jurors, Clanton said he then had the juror sign a sworn declaration saying he felt the defense didn’t prove its case....

Gallegos said he will, “of course,” be retrying the case and Feeney set a new trial date for June 30. (Unconfirmed rumors that the case was headed for a retrial were first reported on John Chiv's blog Friday).

The alleged victim in the case is now a teenager, and Gallegos said he feels terrible that she will be put through another trial and asked to testify again. She’s been dealing with Littlefield’s criminal case now, Gallegos said, for five years.

◼ Thank you to NCJ's Thad Greenson for following up on the Littlefield post; new trial on June 30 - John Chiv/Words Worth
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Unreal.
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◼ McKinleyville man convicted of 11 molestation charges - Thadeus Greenson/The Times-Standard Sep 13, 2013

Timothy Floyd Littlefield doubled over onto the table in front of him and let out an audible sob as a Humboldt County Superior Court clerk read a jury verdict finding him guilty of the first of 11 charges of child molestation Thursday.

”How?” Littlefield asked his attorney, Russell Clanton, as the clerk continued, rattling off guilty verdicts to each of the 11 counts.

Facing a total of eight life sentences without the possibility of parole, the 32-year-old McKinleyville man appeared to be in a state of shock at hearing the verdict a jury arrived at after just three hours of deliberation in the case. After the verdict was read, Littlefield was handcuffed by multiple bailiffs and led from the courtroom as three young women sitting in the front of the courtroom sobbed loudly.

”You just sent an innocent man to prison for life,” one of the women yelled at jurors as they filed out of the courtroom.

◼ Accused molester trial pushed back three years/walks free - CNN/ireport Nov 1, 2011
◼ Mistrial declared in Littlefield case; molestation case headed for retrial after hung jury - Thadeus Greenson/The Times-Standard Nov 1, 2011

A Humboldt County Superior Court judge declared a mistrial Monday in a child molestation case after a jury said it was deadlocked, having deliberated for more than two days.

The jury deadlocked 11-1 in favor of convicting Timothy Floyd Littlefield, 30, of McKinleyville, on a host of child molestation charges, according to the foreman. Humboldt County District Attorney Paul Gallegos immediately requested a new trial and he and Littlefield's attorney, Russell Clanton, are due back in court today to set a date for the new trial.

◼ Molestation trial in jury's hands; McKinleyville man faces eight life sentences if convicted - Thadeus Greenson/The Times-Standard Oct 27, 2011

During his closing statements, District Attorney Paul Gallegos, who's prosecuting the case, replayed for the jury clips from Jane Doe's interview with the county's Child Abuse Services Team during which she described numerous sexual acts performed on her by Littlefield.

”He said, 'Don't tell anyone or else' ... or else, he would do something really bad to my mom,” Jane Doe said in the videotaped interview.