Mar 26, 2015

Emerald Growers Association Hezekiah Allen's DUI charge from last year proceeds; previous cases involve two bail bonds being forfeited

Local activist Hezekiah Allen and Emerald Growers Association executive director Hezekiah Allen has a pre-trial conference scheduled for April 14 at 10 a.m. in Court 3. He has retained private attorney Manny Daskal to represent him.

The charges in the Humboldt County Superior Court listing are as follows: Two counts of driving under the influence of alcohiol two special allegations with those counts of blood alcohol level over .15 and Failure to provide evidence of financial responsibility

Hezekiah Allen pleaded not guilty to all charges and denied all special allegations when he was arraigned by Judge Joyce Hinrichs in Garberville on 1/23/15.

On October 14, I did a post on local activist Hezekiah Allen being booked for a DUI.

According to his arrest record: Hezekiah Allen was arrested for: 16028(C) Financial Responsibility At Accident
23152(A) DUI Alcohol/Drugs
23152(B) DUI Alcohol W/BAC > .08

Hezekiah Allen has three older cases in the court system, one for unsafe speed, another for unsafe lane change and one for using cell phone while driving with two bail bond forfeitures.

Bullock diagnostic order and materials to be sent to three court expert witnesses; another chamber conference next week

I did a post earlier today (which is below this post) with detailed background of the last hearing and links. Please refer to that if you are not familiar with the case.

Judge Feeney met with counsel privately in chambers. He then gave a brief report in open court.

"We just completed a chamber conference with counsel," said Judge John Feeney. "We discussed in chambers that the Court will compose a letter to  Dr. John Chamberlain, Dr. Ana Glezer and Dr. John Greene and send them copies of the order for diagnostic evaluation I just signed this afternoon." Judge Feeney said he will also include an index and materials for these expert witnesses to review. The courtroom clerk for Courtroom 1 will be the contact if the psychiatrists want to contact Judge Feeney.

Although scheduling was discussed, no trial date set yet. Still tentatively around this October.

Another private chamber conference and court date set for next week on April 2. Special set at 3 p.m.

Bullock had a friend attend court today and he acknowledged her with a nod and she waved at him. Other than when he was first arraigned over a year ago, his family has been to court once. He whispered "I love you" to them.

After the court hearing, private attorney Kathleen Bryson who is representing Fr. Eric Freed's family walked out with the prosecutors, Mr. Isaac and Ms. Eads  and DA Investigator John Burke, most likely for an update since only the attorneys met with Judge Feeney in chambers.

Hanging outside the courthouse with LOCO's Ryan Burns, T-S' Will Houston and Steve from KIEM while the courtroom was closed was more eventful than the court report today.

Bullock special set this afternoon to determine trial date

A special trial setting hearing at 3 p.m. in the Gary Lee Bullock case is scheduled this afternoon in Courtroom 1 in the Gary Lee Bullock case.

Judge John Feeney has been the judge overseeing the case since Bullock's arraignment. Mr. Andrew Isaac and Ms. Stacey Eads are co-prosecuting the case for the People. Mr. Kaleb Cockrum is Bullock's attorney. Three court appointed expert witnesses have been appointed to do a pyschological evaluation since Bullock added a not guilty by insanity plea to his original plea of not guilty.

March 10 post:

Judge John Feeney met privately with Andrew Issac who is prosecuting the Gary Lee Bullock case and Bullock's attorney Kaleb Cockrum this afternoon. At the last court hearing, Mr. Isaac said the People plan to add a car jacking charge.

Ms. Stacey Eads is co prosecuting the case for the People but was not present in court today.

Only LOCO, TS, KAEF, the attorney's; the family's attorney Kathleen Bryson, one community member and myself were in the courtroom when the court was reopened.

On March 4, I did this post:

That case People v Johnson was the case and the decision by the California Supreme Court the basis for Judge Feeney granting the People's decision request to add a special allegation to Count 1 of murder.

Judge Feeney said the car jacking special allegation "would be appropriate considering the Supreme Court decision in People v Johnson."

When given a chance to speak on behalf of Bullock, Mr. Cockrum said, "I've read Johnson. It completely rewrites carjacking and divorces it from normal definition of carjacking but I don't have cause to object."

Judge Feeney said he would not set a trial date today but another private conference and trial setting date has been scheduled for March 26 at 3 p.m.

Dr. Ana Glezer, Dr. John Chamberlain,  both from Univ of CA and Dr. John Greene from Los Gatos, California are the three expert witnesses who will evaluate Bullock and report to the court.

Based on court schedule and the time needed for the experts to evaluate, Judge Feeney said "We are looking at a trial date in mid-September or late October."

Bullock listened with no emotion as Judge Feeney read the charges against him with the additional allegation. Again, he read the same not guilty insanity plea that he read previously and just stared blankly at Judge Feeney.

Both attorneys have to prepare and submit paperwork for funding the experts by March 22 to Judge Feeney. Several resumes were submitted by both the People and the defense. Mr. Issac will prepare the materials the expert witnesses will consider which Mr. Cockrum will review before they are provided to experts.

To add the carjacking charge, the People filed their first amended information today.

Judge Feeney reiterated what he said to Bullock when he first read the not guilty by insanity plea. That even if he,was found not guilty by insanity, it could mean a possible sentence lifetime comittment to a mental institution.

Previous post  to March 10:

There is extensive coverage of this case on this blog.

Michael Throckmorton found guilty this time for assault, sentencing on April 29

A jury just found Michael Throckmorton guilty of Count 1. Another success for DDA Jackie Pizzo and another success for DA Maggie Fleming's administration for a case previously unsuccessful under the previous administration.

This may not be a high profile case to press but these are the kind of cases I regularly choose to cover and follow on this blog.

No media has followed this recent case nor was present for the verdict. Nine woman and three men jury nodded yes when asked by the Court Clerk if is is was their verdict. Throckmorton showed no emotion.

Sentencing is April 29 at 2 p.m. in Courtroom 4. Throckmorton waived his right to have sentencing within 20 days of the verdict. Judge Timothy Cissna referred the matter to probation for pre sentencing report.

DDA Jackie Pizzo asked for Throckmorton to be remanded into custody. "The maximum exposure is 4 years of jail time. In this case, even if you decide Probation," she said to Judge Cissna, "I think jail time is appropriate."

Mr. Tips said his client had made all court appearances and opposed remand.

Judge Cissna agreed that because Throckmorton had appeared for court and it was a three year old case with no further incident, he denied remand request but stressed this conviction was serious.

Press Release from DA Maggie Fleming:

The District Attorney announced that Michael Throckmorton has been convicted of felony domestic violence in a case prosecuted by Deputy DA Jackie Pizzo.    In the evening of March 3, 2012, Mr. Throckmorton, 33, strangled the victim in their home, then beat her with the wooden frame of a painting, causing severe abrasions to her neck and massive bruising on her leg.
After a six day trial in front of the Honorable Timothy Cissna, in Department 4 of Humboldt Superior Court, the jury rendered its guilty verdict. The trial completed today was a retrial; the original trial in February 2014 resulted in a hung jury that favored guilt 11 to 1.
The case was investigated by the Humboldt County Sheriff’s office.  Sentencing will occur on April 30, 2015.  The defendant faces a maximum of 4 years in prison.

Previous posts:

March 29 2015

"Bad Boy Michael Throckmorton back in court for alleged assault; Pizzo v Tipps Round 2' will the third time be lucky for prosecution or will Throckmorton go free?

A jury is currently being selected in a case where Michael Throckmorton is charged with a felony: assault. This case is from an allegation from 2012. I believe this is the second round of Pizzo v Tipps.

The trial Judge is Timothy Cissna. The prosecutor Jackie Pizzo and Throckmorton's is being represented again by Public Defender Owen Tipps.

Throckmorton is charged with PC 273.5 (a)

There was also a civil protection order filed against Throckmorton by a S. Carlson that was dismissed due to lack of prosecution. Again, Paul Gallegos was the DA at that time.

Throckmorton previously charged with a homicide, another felony, did not go to jury trial in 2006. The DA at that time was Paul Gallegos. The case was prosecuted by present DA Maggie Fleming and Throckmorton was represented by private attorney Manny Daskal.

It is the DA's responsibility to oversee charging. In 2006, Ms. Fleming had to try a case with Paul Gallegos in charge. Now with her being the DA, perhaps there is a chance that the result could be different.

Penal Code 273.5.  (a) : Any person who willfully inflicts corporal injury
resulting in a traumatic condition upon a victim described in

Previous Post:

Feb 20, 2014

Pizzo vs Tipps same or different result for Throckmorton as Fleming vs Daskal?

A jury  is currently considering the fate of Michael Throckmorton. Jury started deliberating as of yesterday. People were represented by Jackie Pizzo, defendant's attorney Owen Tipps and Judge Dale Reinholtsen presiding. This is a domestic violence case. 

This is not Throckmorton's first court appearance. He was found not guilty on two counts on another more high profile case in 2006.

In 2006, Throckmorton was the defendant in a murder trial. Prosecutor was Maggie Fleming. Defense Counsel was Manny Daskal. Evidence came out in trial during testimony that caused the preliminary trial to go in Throckmorton's favor. Defense prevailed.

All Blue Heron arrests have cases in system, Armstrong over 10 cases including prior guilty drug charges

Jordan Cardoza and Phenica Case have graduated from traffic issues to drug cases now. Lindsey Elder has two cases, one traffic/infraction and one misdemeanor drug case in system.

Anthony Armstrong appears to be the leader. With over 10 cases in the system and at least 6 criminal cases, I stopped checking at three drug offense cases, two felonies with guilty convictions.

3/25/15 atisabout 2:15 p.m., a Detective from the Eureka Police Department Problem Oriented Policing Unit (POP) spotted a person behind the vacant Blue Herron Motel at the 2200 block of Broadway.
The detective stopped and made contact with six subjects who had forced entry into a few rooms.  Officers responded to assist and located 9 grams of methamphetamine and a high-end Cannondale bicycle.  None of the subjects could prove ownership of the bicycle, so it was taken for safekeeping.
Four of the six subjects were arrested and transported to the Humboldt County Correctional Facility.  Anthony Armstrong, 27, and Lindsey Idler, 26, were booked on drug related warrants.  Phenicia Case, 21, was booked on Eureka Municipal Code violation warrants.  Jordan Cardoza, 20, was booked on fresh charges of possession of methamphetamine.  All four subjects are of Eureka.
Attached is a picture of the Cannondale bicycle.  If you believe this bicycle is yours, please call (707) 441-4373.  You must have your police report number for the theft report and be able to prove ownership.  Ownership can be proved by providing the serial number, receipt, or picture.

Vincent Ortiz who was arrested yesterday for Hoopa shooting has a prior assault and battery case

In 2008, Vincent Ortiz, son of Rodney Ortiz who was just arraigned yesterday for the murder of Daniel Colegrove has an assault and battery case in the system.

The charge was dismissed after a hearing and ever went to jury trial. The DDA who prosecuted the case then was former DDA Arnie Klein. Ortiz was represented by the Public Defender.

Vincent Ortiz will be arraigned today but most likely tomorrow so stay tuned to this blog for updates.

Mar 25, 2015

California Attorney General Kamala Harris takes action against "Sodomite Suppression Act" initiative

Los Angeles (AFP) - California announced legal action to suppress a "reprehensible" ballot initiative to outlaw homosexuality -- on pain of execution -- in the famously liberal US state.
The proposal -- unlikely to advance, as it requires over 360,000 signatures to proceed -- was submitted by lawyer Matthew McLaughlin to the California Attorney General's office late last month.
The "Sodomite Suppression Act" ballot proposes that gay people "be put to death by bullets to the head or by any other convenient method."
But the state's Attorney General Kamala Harris said she was taking legal action to allow the state to effectively sideline the proposal.
"This proposal not only threatens public safety, it is patently unconstitutional, utterly reprehensible, and has no place in a civil society," she said in a statement.
"Today, I am filing an action for declaratory relief with the court seeking judicial authorization for relief from the duty to prepare and issue the title and summary for the 'Sodomite Suppression Act.'
She added: "If the court does not grant this relief, my office will be forced to issue a title and summary for a proposal that seeks to legalize discrimination and vigilantism."
The proposed initiative declares: "The abominable crime against nature known as buggery, called also sodomy, is a monstrous evil that Almighty God, giver of freedom and liberty, commands us to suppress on pain of our utter destruction even as he overthrew Sodom and Gomorrha.
"Seeing that it is better that offenders should die rather than that all of us should be killed by God's just wrath against us... the people of California wisely command, in the fear of God, that any person who willingly touches another person of the same gender for purposes of sexual gratification be put to death by bullets to the head or by any other convenient method," it reads.
California, like other US states, regularly holds elections on ballot initiatives -- effectively referendums on proposed issues which must gather a minimum number of signatures to get on the ballot.
LGBT civil rights group Equality California welcomed Harris's move, but said it showed the need to reform the state's ballot processes.
“This proposed ballot initiative is grossly out of step with the attitudes and beliefs of the people of California," said the group's executive director Rick Zbur in a statement.
"While we do not believe that this offensive measure will have sufficient support to qualify for the ballot, it points to the need to review and reform the ballot initiative process.
He added: "We look forward to working with Attorney General Harris, policymakers, and members of the legislature to review .. implement reforms to assure that public resources are not wasted on measures that clearly violate the law or Californians’ constitutional rights."

GMOB foiled in Old Town? Police searching area near Caito Fisheries

Two police cars and two officers, including Old Town Patrol Officer Louis Altic, have a suspect in Old Town detained near 737 2nd Street while they search the area near Caito Fisheries.

The guy is asking people for cigarettes while the officers are searching. The guy was not arrested or cuffed. Just spoke with Officer Altic. They are not sure who is the suspect but this guy in the photo and some other guys had an altercation before the police got there. The others went off running as police got there. The GMOB had two knives on him, Officer Altic said. The guy alleged that they took his jacket which was not recovered.