"The responsibility for this tragedy to have occurred should be solely laid out right upon the front of both of their feet."

◼ A comment, left by NorCalGuy101, here: Jason Warren’s Surviving Victims Discuss Cruz Waivers, the Death Penalty and the Importance of Cultivating Goodness - Ryan Burns/Lost Coast Outpost

...Warren has now been found guilty of murdering Hoopa woman Dorothy Ulrich, and doing so after lying in wait and torturing her. He was also found guilty of murdering HSU lecturer Suzanne Seemann and attempting to murder her friends and fellow educators Terri Vroman Little and Jessica Hunt. The three women were out for a run that morning when Warren, driving a car he’d stolen from Ulrich, passed them in the opposite direction, turned around and ran them down from behind at high speed.

The trial lasted a month, and the tragic morning itself is now more than three years past....

Seemann said his compulsion to be there every day stemmed partly from a kinship with Suzie’s parents and Hunt and Vroman Little and also Ulrich’s mother, Shirley Ortega. They were there to represent the deceased and to bear witness, he said. But he was also aware that the fate of the man who killed his wife was being placed in the hands of two attorneys — prosecutor Paul Sequeira and defense attorney Glenn Brown — and he wanted to hold them accountable.

“We needed to convey that there can’t be any mistakes,” Seemann said.

The Cruz Waiver

Or any more mistakes, he might well have said. From the beginning, this case has been tinged with anger and blame over a legal maneuver that allowed Warren to commit the crimes. Roughly a month before the murders, Warren was granted a Cruz waiver, part of a plea deal that allowed him out of jail and promised a lighter sentence. In exchange, Warren agreed to obey all laws and show up for his a Sept. 7, 2012, sentencing hearing. He did neither, of course, and thus the Cruz waiver proved to be a catastrophic error in judgment.

Judge Timothy Cissna, who heard the double-murder case, was the one who granted the Cruz waiver, but Hunt said she’s more angry at the deputy district attorney who was in the courtroom at the time and especially his then-boss, former DA Paul Gallegos.

“That’s who I blame,” Hunt said. “Part of their job is to be on top of who is getting processed in the courtroom, to be able to speak with authority about yes or no, that’s an OK person to get a Cruz waiver.”

In the aftermath of the crimes, Gallegos refused to admit that Warren should not have been set free. While saying he wished to God that his office had opposed the Cruz waiver or that the judge hadn’t granted it, Gallegos was quoted in the Times-Standard saying, “I don’t question the decision that was made. It was the right decision for that time.”

Seemann said that “decision” was likely ill-informed. “I actually arranged for a Public Records Act request to see what policies that office had for Cruz waivers, and what we discovered was that they had none,” he said. “So I think there was clearly a lack of clarity and direction” in the office....

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"...there was clearly a lack of clarity and direction” in the office...."

And there it is. In a nutshell. From beginning to end, what defined Paul Gallegos' term in office as Humboldt County DA. It was evident in the beginning, and he never made any attempt to improve. Never. Law enforcement sounded the alarm early on. Prosecutors warned. This blog came about in part because so many had so much information they were afraid to speak themselves. The Grand Jury called it out. People who left the office described conditions in the office (and still do). And he never made any attempt to improve.

It was slipshod.

And people died. Not just the two in this case, either.

In the end, though, you can add the pot community to the list of those who are to blame. These two people were sacrificed on the altar of Humboldt weed. They kept him office, with their votes and their money. Knowing. And make no mistake, They Knew.

And, Ryan Burns article, linked above, is an excellent piece.

So sorry it had to be written.

"We expect a prosecutor to know the law." comment about former DA Paul Gallegos (UPDATED)

◼ "We expect a prosecutor to know the law." comment about former DA Paul Gallegos on the Timothy Littlefield case currently before the Court of Appeals - John Chiv/Words Worth

(Allan Dollison): ...This was the case, where a man was convicted of Multiple Lewd Acts on a Child. Over 9 months later he brought a Motion for New Trial with an affidavit from a juror attached who expressed an opinion that the "defense didn't prove their case." Purportedly the declaration was written by a defense investigator after a discussion with the juror. In our system of justice, the defense does not have to prove anything of course. The legal dispute will center around the admissibility of that declaration....

On the waiver and admissibility of the evidence, at one point, one of the Justices said, "We expect a prosecutor to know the law." Shortly when the opinion is issued we shall find out what the law is. One thing is clear and it went unsaid in the oral argument hearing. It is not the job of a judge to make the objections for the prosecutor, or even the defense attorney if the shoe was on the other foot.

UPDATE:
◼ Two Years After Molestation Conviction, Littlefield Waits to Hear Fate - Thaddeus Greenson/North Coast Journal

The question that’s currently before the appellate court justices is fairly straightforward, and has nothing to do with Littlefield’s guilt or innocence: Should Feeney have accepted the juror’s declaration as evidence?

...Based on their questions and comments, it seems clear the justices weren’t impressed with either Gallegos or Feeney’s handling of the motion for a mistrial in Littlefield’s case. One justice quipped in the oral arguments that the court expects state prosecutors to know the law.

“Or,” another justice chimes in, “he might have thought the judge would know the law of California well enough to say those declarations aren’t worth the paper they’re on.”

Why does it matter? You will soon see.

KNOWING Warren's history, Paul Gallegos let him out on a Cruz waiver.

He'd stabbed a cab driver. ran down a bicyclist. Even if you can argue Cruz waivers are reasonable, it certainly is NOT in this case.

So he let him out. To 'get his affairs in order' - and he kills - stabs and runs down more people, killing two.

WHY?

Nov 19, 2015

◼ People rest in Warren case, last witness is neurosurgeon testifying about victims' brain injuries - John Chiv/Words Worth Nov 19, 2015
◼ t/k - Ryan Burns/Lost Coast Outpost Nov 19, 2015

Nov 18, 2015

◼ CHP MAIT Team leader testifies that based on his investigation Jason Warren did not even attempt to brake or avoid hitting joggers on Myrtle Avenue - John Chiv/Words Worth Nov 18, 2015
◼ "Yeah, he stabbed me in the chest and arm and I tried to get out" - John Chiv/Words Worth Nov 18, 2015

Cid Miller is the City Cab driver who Jason Warren stabbed in 2001. Warren was a juvenile at the time and he was convicted for the crime.

Miller testified this morning that Warren stabbed twice in the chest, twice in the back, once in the shoulder before he managed to jump out of the moving cab.

There was no warning, no argument, just a surprise attack.

◼ Eddie Koch who absconded from testifying in Warren trial, arrested, cuffed and beligerently resumes testimony - John Chiv/Words Worth Nov 18, 2015
◼ Warren Trial, Day Nine: Murders Foreshadowed by Similar Crimes a Decade Earlier - Ryan Burns/Lost Coast Outpost Nov 18, 2015

On April 10, 2001, following the brutal stabbing, the assailant stole the cab and took a back road toward Arcata....

On April 10, 2001, another witness testified, he and a friend were riding their bikes on the shoulder of the road when they were struck from behind by the stolen cab, which swerved into the bike lane, sped up just before impact and then fled the scene....

Nov 17, 2015

◼ Jason Warren's wife says it is traumatic to hear attack on Ulrich, ids Warren but not definitively this time - John Chiv/Words Worth Nov 17, 2015
◼ DOJ DNA specialist testfies that blood on Jason Warren's shoe and DNA from KIA matches victims - John Chiv/Words Worth Nov 17, 2015
◼ Jason Warren trial expected to finish early, deliberations expected to end by end of November, beginning of December - John Chiv/Words Worth Nov 17, 2015
◼ Jason Warren trial "significantly ahead of schedule" - John Chiv/Words Worth Nov 17, 2015
◼ link - Paul Mann/Mad River Union Nov 17, 2015
◼ Warren Trial, Day Eight: The DNA Matches, But Warren’s Wife Stops Short of Positive ID - Ryan Burns/Lost Coast Outpost Nov 17, 2015

Nov 16, 2015

◼ Evidence continues to build against Jason Warren with Department of Justice's senior criminalist's testimony - John Chiv/Words Worth Nov 16, 2015
◼ Forensic pathologist testifies that Dorothy Ulrich tried to protect herself from the attack that took her life, family members left courtroom as detailed testimony was given on Seemann and Ulrich autopsies - John Chiv/Words Worth Nov 16, 2015

◼ Warren Trial, Day Seven: The Autopsies - Ryan Burns/Lost Coast Outpost Nov 16, 2015

◼ EARLIER

The End: 12 years, Voodoo Dolls, no remorse, and resounding commentary on Paul Gallegos' treatment of the victim's family.

From the family's statement, via John Chiv's post:

The family of Douglas would like to publicly thank DDA Roger Rees and DA Maggie Fleming for thier compassion and commitment to pursuing this case and obtaining justice for Douglas. They have restored our faith in the justice system which was badly damaged under the administration of Paul Gallegos.

Hopefully now the healing can begin.

◼ "The victim just happened to be my brother, it could have just as easily been anyone else", Doug Anderson's family express safety concerns for Humboldt County and Arcata citizens - John Chiv/Words Worth June 15, 2015

THIS MATTERS - JERRY BROWN, PAY ATTENTION. The victim's family read their statement today, as reported by John Chiv at the link above:

Don's wife, Patty Anderson was the last to read. In her own letter, she spoke very eloquently and powerfully about the anguish the family went through with the defense smearing the name of Doug in the past year and a half, how former DA Paul Gallegos hid facts from them, would not communicate with them, tried to railroad them into accepting the plea deal he wanted to offer and how he refused to give them current DA Maggie Fleming's contact information.

"I tried very hard to find forgiveness," she said. "I found forgiveness elusive." Citing the former prosecutor and DA Paul Gallegos who she singled out in scathing words, the defense smears and the complete lack of remorse by Juan Ferrer as reasons.

Patty Anderson talked about the "irreparable damage" done to "Doug's reputation" by the "resulting publicity in the Humboldt County DA's election." And she added, "No thanks to Paul Gallegos who argued against us in court."

She mentioned delay after delay or Paul Gallegos not offering them any explaination. All this has been detailed in my coverage last year when Paul Gallegos prosecuted the case. Patty Anderson said she found out about Nicholas Stoiber's and Sophie Rocheleau's plea deal in the media, not from Paul Gallegos.

That same refrain has played out over and over and over throughout Paul Gallegos' tenure as DA of Humboldt County. There have been complaints filed with the Attorney General, in hopes that something would be done, and nothing ever was. Any complaint was deemed 'political' and shelved.

It is a tragedy to see it yet again. The pain behind those tales, you need to pay attention, and not reward this man with any steps up the ladder. Not even on a pot board. ESPECIALLY NOT AS A JUDGE!

◼ Juan Ferrer made a voodoo doll to try and control the trial and after being convicted, was caught saying even after he "fucking killed" the victim Humboldt County gave him voluntary manslaughter instead of murder - John Chiv/Words Worth June 15, 2015
In one of the phone recordings he said he had no remorse for killing Doug and that he did not know how he would display remorse when probation would interview him. He said even though he "fucking killed" the victim, Humboldt County gave him voluntary manslaughter instead of murder.

In these recordings he said he described a voodoo doll he drew of DDA Roger Rees, drew pins on it and then covered it with his own blood he got from testing his blood sugar so he could control the outcome of the trial.
◼ Instead of expressing remorse, Ferrer makes his statement all about himself - John Chiv/Words Worth June 15, 2015

As he was being led away in cuffs, he turned to his family and said, "I'll be all right, I'll appeal and win."

◼ Juan Ferrer sentenced to maximum term of 12 years - John Chiv/Words Worth Jun 15, 2015

Judge John Feeney sentenced Ferrer to the maximum term of 11 years for voluntary manslaughter plus 1 year for special allegation of using a weapon.

The term is consecutive and Ferrer will be on parole/post supervision release for 3 years after his release.

◼ Ferrer sentenced to 12 years in prison - Paul Mann/Mad River Union June 15, 2015

Jurors dealt with a considerable lack of evidence: the murder weapon was missing and there were no usable blood samples, impartial eyewitnesses to the stabbing or surveillance videos of the physical encounter.

End of an error

January 5th, 2015

Who celebrates incompetence and the destruction of an office?

◼ Letter: Saluting Pal Gallegos’ service to community - "R. Trent Williams" (Richard Salzman himself)

Lying, conniving and slavishly loyal to the end.

If you go - shame on you.

If you go, you're celebrating taking a working office from almost 20 to under 10, the horrific working conditions resulting from being severely understaffed, you're celebrating the horrible reputation the Humboldt DAs Office has earned under Gallegos' tenure (No one wants to work here), inexplicable schizophrenic prosecutions (letting bad guys go, and going after people like the toddler-wanderer Dad). These things are not in dispute.

It's a sorry state of affairs, and it is in very poor taste to advertise it like it is some kind of achievement. But, that's "R. Trent." He doesn't say whether they'll be passing the hat.

(Fitting that there's a typo...)

The Brain Drain Continues

◼ Élan Firpo Moves On

Former Humboldt County District Attorney candidate Elan Firpo took her first steps in a new career today, stepping in as a partner in a prominent local firm now known as Zwerdling, Bragg, Mainzer and Firpo....

Firpo’s departure comes just weeks after her successful double murder prosecution of Bodhi Tree, who is now serving 108 years to life in state prison. Tree’s conviction wound up being Firpo’s prosecutorial swan song. She was also slated to handle the case of Gary Lee Bullock, a Garberville man accused of torturing and murdering popular St. Bernard Church Pastor Eric Freed on Jan. 1. Firpo said the hardest part of her decision to leave the office came when she called Freed’s family to tell them she’d be handing off the case.
__________________
This is a crying shame, given the absolutely decimated prosecutorial team.

What it means is - the already overburdened prosecutors are now having to handle this load. So where is Gallegos? With a little over 2 months to go, he leaves the place in an absolute shambles.

It's not going to help with putting out a welcome mat to attract new (seasoned, competent) prosecutors to the Humboldt County DA's Office, and that's a shame.

Surf's up?

Where is Paul Gallegos?

◼ "Every week we come back and hear the same excuse"; attorneys in Ferrer case express frustration with delays by Gallegos - John Chiv/Words Worth

Today in Courtroom 4, the Ferrer case was scheduled for status of discovery and a motion to dismiss the case against Sophie Rocheleau. Paul Gallegos, who is prosecuting the case, has missed several court dates and hearings have been continued several times.

That happened again today. ADA Kelly Neel told the court some time when the hearing was underway that Mr. Gallegos is ill and that decisions regarding issues brought up by Mr. Marek Reavis who represents Juan Ferrer and Mr. Benjamin Okin, who represents Rocheleau, be discussed when Mr. Gallegos is back next week....

"Every week we come back and hear the same excuse," was Mr. Reavis' response and frustration when Ms. Neel responded to his statements at the start of hearing.

Several times, Mr. Reavis and the attorneys have requested X-rays and information on autopsy essential to their case, and finally today, only Mr. Reavis received two CDS, both which he said were duplicates. There were two dozen "images that had never been discovered before, according to Mr. Reavis." He told the Judge that "this is material that should have been discovered the first week."

He told Judge Reinholtsen he renews his request for sanctions. Mr.Okin and Ms. Jennifer Dixon who represents Nicholas Stoiber did not even get these CDS. - Read the rest.
__________________
C'mon, MAN! It's a couple more months is all. Then you're free. DO YOUR JOB.

Motion to sever Humboldt's lovey dovey trio granted in another flubbed redacted statement saga

◼ Motion to sever the cases involving Hillegeist, Borgner and Higgins was granted by Judge John Feeney today. - John Chiv/Words Worth

...Paul, if you are going to insist on this brilliant redacted statement strategy, at least get your DDAs help with discovery and provide redacted statements on time....

◼ Worse than getting dumped is being replaced while you are in jail - John Chiv/Words Worth

I agree with John on this

◼ Public safety changes that can be enacted before November and won't cost us a dime; Paul step down, let Maggie take over - John Chiv/Words Worth
__________________
This not showing up for cases, and when you do, showing up unprepared, would not be tolerated in a low-level hire, and it should not be tolerated in a highly paid District Attorney, even if he does have senioritis. Even if he gave himself lame-duck status. Even. If.

For God's sake, your supporters tout your intelligence and competence, can't you at least throw them a bone and show up for court prepared? Give them a little tiny reason to be proud of having slavishly supported you all these years.

"After the barn door has been shut, he's complaining about the horses getting loose," Bohn said. "The best thing that comes out of this is, with a new DA coming in, maybe they will be more financially sophisticated to work with the monies that are provided as we work out of these tough times that we've had."

◼ District attorney, Humboldt County officials disagree on office staffing - Will Houston

First District Supervisor and board Chairman Rex Bohn said the district attorney's office's General Fund allocation has increased by 67 percent since the 2004-2005 budget year.

"He's got about 20 percent more funding in the last 10 years than the public defender's office," Bohn said. "When you're talking discretionary funding, Paul gets between 5 to 6 percent of our discretionary money that is available. To say we don't care about public safety, it's disingenuous at the best and pretty false in the long run."

The Board of Supervisors recently voted to place a sales tax measure on the November ballot that would primarily be used to fund public safety services, such as the sheriff's office and district attorney's office.

With the 2014-2015 county budget already set, Bohn said Gallegos claims come too late.

"After the barn door has been shut, he's complaining about the horses getting loose," Bohn said. "The best thing that comes out of this is, with a new DA coming in, maybe they will be more financially sophisticated to work with the monies that are provided as we work out of these tough times that we've had."
_____________________
NOTE - "humboldtturtle" commented on the Times-Standard's article, a typical knee-jerk-defend-Gallegos-at-all-cost approach: Do I get this right? Rex is saying his sophisticated answer to the county's financial problems is to raise taxes. Gallegos says allocate your funds more wisely instead, and is called a liar for it? I wish t'was bohn were gohn...

The response: Oh, c'mon, humboldtturtle, you know FULL WELL that Gallegos has mismanaged that office. A Grand Jury pointed out YEARS ago that ""Weak leadership and poor managerial practices" have undermined the office... Implicit in all evidence gathered by the Grand Jury - including interviews with the D.A. - is the unfortunate truth that the D.A. exhibits a limited understanding of how things are done in the department" Gallegos "lacks the global perspective needed to keep the department operating efficiently," and quotes an unnamed staff member as saying, "The D.A. does not fully understand the functionality of many of the things we do here" - Years later, in his own words: "I’m not an administrator, they didn’t elect me to be an administrator, they elected me to make sure this office runs..."

It wasn't even in dispute during the last election, EVERY SINGLE CANDIDATE POINTED TO THE UTTER DETERIORATION. Gallegos lost, fired, or drove away all of the County's top prosecutors and has been utterly unable to replace them.

Gallegos has lost the grants that are critical to funding the office. You know this, and so should the author of this article.

Yet now, Gallegos accuses everyone else of not having their priorities in order.

That's just sick.
_____________________
And, btw, Will Houston STILL, apparently, has not done his homework.

WHY did Gallegos not fill the positions as they became open, Will? The money did not evaporate.

Allison Jackson puts a crimp in secret plea deal

Pay ATTENTION. This is a big deal.

Denying a victim's rights, judge shopping, a complete and utter failure to act in an ethical and transparent manner.... and yet he, the DA, no less, lectures the people of the County about their 'priorities.'

◼ Allison Jackson, who is representing the victim in the Elmy Workman case was never notified that the same plea deal that was rejected by Judge John Feeney was presented again to Judge Dale Reinholtsen. She was not also sure if Judge Reinholtsen had been given the background of the case. - John Chiv/Words Worth

Judge Reinholtsen said he had received Ms. Jackson's letter and a letter from Mr. Sanders and while he had reviewed the file, he needed to review it with depth. One of the reasons he mentioned was the three month plus Bodhi Tree trial and that he could not delay evidentiary rulings and reviewing jury instructions because they had already lost two jurors and one alternate and there are other schedules to consider after August 11.

He mentioned two options: one to hear oral arguments from all three attorneys, then rule a week from now or do everything on one date. Both Ms. Jackson and Mr. Sanders said there was no rush and they were willing to wait for the ruling. The next hearing is on August 13 at 2 p.m.

Judge Reinholtsen said he had received Ms. Jackson's letter and a letter from Mr. Sanders and while he had reviewed the file, he needed to review it with depth. One of the reasons he mentioned was the three month plus Bodhi Tree trial and that he could not delay evidentiary rulings and reviewing jury instructions because they had already lost two jurors and one alternate and there are other schedules to consider after August 11.

He mentioned two options: one to hear oral arguments from all three attorneys, then rule a week from now or do everything on one date. Both Ms. Jackson and Mr. Sanders said there was no rush and they were willing to wait for the ruling. The next hearing is on August 13 at 2 p.m.

The text of Allison Jackson's letter is at the link.

◼ http://johnchiv.blogspot.com/2014/03/elmy-workman-sentenced-today.html
◼ http://johnchiv.blogspot.com/2014/04/elmy-workman-sentencing-postponed-again.html
◼ http://johnchiv.blogspot.com/2014/04/judge-feeney-tentatively-rejects.html
◼ http://johnchiv.blogspot.com/2014/06/previous-plea-deal-rejected-back-on.html
◼ http://johnchiv.blogspot.com/2014/03/defense-and-private-attorneys-run.html

So much for the idea that The Times-Standard will EVER do any decent reporting when it comes to Paul Gallegos.

◼ District attorney displeased with attorney staffing ratio - Will Houston, shame on you for letting him get away with this drivel.

BLAMING THE COUNTY FOR THE FACT THAT HE HAS LOST, FIRED, OR DRIVEN AWAY THE COUNTY'S MOST EXPERIENCED PROSECUTORS!

AND HE HAS FAILED TO FILL THE POSITIONS. NO ONE ELSE IN THE COUNTY HAD ANYTHING WHATSOEVER TO DO WITH IT, WILL.

HE IS UNABLE TO ATTRACT ANYONE TO COME WORK HERE. WHY IS THAT, WILL?

HE LOST THE GRANTS THAT PAID FOR POSITIONS, WILL. AND HE TRILLED TO THE PUBLIC THAT HE WAS 'WEANING' HIMSELF OFF GRANTS, WILL. DID YOU KNOW THAT? WERE THEY HIS TO GIVE UP? NO, THEY BELONGED TO THE COUNTY, WILL, AND HE LOST THEM.

HE HAD 19 PROSECUTORS WHEN HE CAME IN. HOW MANY DOES HE HAVE NOW? AND YOU LET HIM GET AWAY WITH BLAMING THE COUNTY?

BULLSHIT.

IT IS THIS PISS-POOR REPORTING THAT HAS GONE ON FOR YEARS, AND HAS PUT US WHERE WE ARE. IF EVEN ONCE YOU GUYS DID YOUR JOB, MAYBE, JUST MAYBE, YOU WOULD STILL HAVE THOSE PROSECUTORS.

DO YOUR GODDAMN HOMEWORK.

Alternate Title: Paul Gallegos just realized he lost more than half his staff, and has a ton of unfilled positions just sitting there open, blames everyone else for his failure to do his job, reporter buys it, hook, line and sinker.