Sep 28, 2016

Kudos to latest Deputy DA hired, Luke Bernthal, for his first win

Today, Humboldt County District Attorney Maggie Fleming announced that after a six-day jury trial before Judge Marilyn Miles, jurors convicted Tennessee resident Ervin Sweat, 26, of driving recklessly while evading a police officer, a felony violation of the California Vehicle Code.  

Marci Kitchen's attorney files a motion for continuance for preliminary hearing; hopefully it will be heard in an open courtroom

Tomorrow an intervention was already scheduled for Marci Kitchen.

Her attorney filed a motion to continue on 9/27. That hearing is scheduled for 2 p.m. tomorrow.

Judge Joyce Hinrichs mentioned at arraignment, intervention may not be on record. With the interest in this case, I hope that motion is heard in an open courtroom.

And not just included in intervention since there have already been delays in this case.

Naked pictures of Goldberg's wife discovered on Smith's phone by his wife

According to statement of probable cause, Tim Smith's wife told law enforcement that arrived at her residence, Jon Goldberg shot her husband. He said something like, "I thought you were my friend man."

The statement further states that Tim Smith's wife claims she found naked pictures of Goldberg's wife on Tim Smith's phone the night before and that she confronted her husband about the pictures and that she called Goldberg's wife to tell Jon Goldberg about them.

More photos of items  seized and statement of probable cause (below).

The only two eye witnesses identifying Goldberg at the residence driving away are Smith's wife and son. From the statement of probable cause summary, they did not see the actual shooting. Utility crew heard shots.

Ramey warrant on Goldberg turned in minutes ago, see document yourself

I have the search warrant too and will have that up in a few minutes.

So did the Fortuna PD lie to me yesterday about the Ramey warrant being turned in? And when do they plan on giving a report to the DA?

I have a good relationship with court staff, HCSO, jail staff and the DA's office. I will also commend the records clerk at Fortuna PD.

But Fortuna Police Department right now isn't winning the award for transparency.

Either someone misled Sgt. Charles Ellebrecht or Fortuna PD outright lied to me yesterday.

I spent almost two hours going back forth to various departments in the Courthouse yesterday morning. Everyone could not find a copy of the Ramey warrant. FPD was not reachable.

I was told last evening, finally after calling and emailing FPD brass repeatedly that the warrant was turned in at booking which was 9/26.

I turned to court admin for help. They were told that the warrant was not returned yesterday but will be today, sometime.

I spent this morning. Court staff spent time this morning. Unlike certain other media, I dont make one phone call or email request, I put in time and leg work.

Thanks a lot for wasting my time but more importantly the time of valuable court staff and law enforcement.

The DA is busy, courts are busy. Arraignment for someone in custody needs to be done in 48 hours. Even if a report is turned in today, it maybe too late and puts pressure on the DA.

EPD and APD and HCSO are busier than FPD. They manage to turn reports in, sure sometimes they may not.

After the Marci Kitchen debacle, FPD needs some scrutiny. The public needs information, the Ramey warrant is the only document so far.

I respect law enforcement but transparency more. Why the delay? Why no motive?

Maybe there is more to the shooting and its not quite so black and white. Maybe they should not have arrested someone quickly since they know the motive and said this was a personal dispute.

No report from FPD yet, if not arraigned in time, Jon David Goldberg could be released tomorrow

Jon David Goldberg, the suspect in the death of Tim Smith, has not been scheduled for arraignment yet nor have charges been filed, as of this morning.

The District Attorney's office has not received a report from Fortuna Police Department, yet.

If Goldberg is not arraigned within 48 hours of his arrest, he will be released from custody. He is on the must go list, to be released tomorrow. Goldberg was not arraigned today.

Still working on getting the Ramey warrant.

Yesterday, Fortuna Police Department's Sgt. Charles Ellebrecht said, "he did not foresee any additional press releases."

NJ bill asks cannabis to be treated like tobacco, make it legal, expunge records for weed related crimes

A New Jersey Assemblyman, who identifies as conservative, hasn't taken a pill, or smoked sponsored the following bill.


Bold legislation introduced in New Jersey last week would not only treat cannabis like tobacco — legalizing it — but would expunge records for individuals previously convicted of certain marijuana-related ‘crimes.’
Should the bill, A4193, pass, convenience stores would be permitted to sell cannabis alongside cigarettes — available to anyone aged 19 and older.

Read the full article at the link:

Sep 27, 2016

Shipping containers at 3rd and Commercial to move to Washington and Koster Street; $75,000 granted by Eureka City Council

Unanimous vote.

Kudos to North Coast News for breaking this news live and being the first.

"The Blue Angel Village has been a great asset to our city," Councilmember Kim Bergel said after the meeting. "I am personally aware of many people from the marsh who have been successful at turning their lives around in a very positive way.  I am so happy that the project will go forward for another year at the Koster Street location. Thank you to all of the public who came out to express their opinions and ideas. Together we are making positive change in our city."

Naked man EPD got a call about ends up being Phoenix Campbell Loya who was convicted last August; been arrested more than once for drunk in public since then

I gave up following the sentencing because it kept getting delayed. He was sentenced, then I saw his name pop up in booking reports; and now this today.

Aug 22, 2015

Sentencing for Phoenix Campbell-Loya delayed to get information on possible mental health issues

On 8/17, Phoenix Campbell-Loya was to be sentenced by Judge Miles. On June 29, Phoenix Campbell-Loya was found guilty by the jury of Count 1 assault and Count 2 carrying a concealed dirk and dagger. Count 1 is a felony. He was supposed to be sentenced on July 27; his attorney, Ms. Meagan O'Connell from the Public Defender's office asked for a continuance. She had not received the probation report and requested time to meet with him.

Body Combat Class, Zumba, Pokemon Go and a Historical Cemetery Tour at one place? In one Day?

Cooper Gulch Common Ground's October 1st event.

"We will bet getting the last of the feed back here," said Aaron Ostrom." Also, our engineers will be there with maps of the park to talk directly with the community members about what they would like to see happen to the park."