Aug 28, 2016

Hezekiah Allen disses North Coast growers in Press Democrat article

Growers in nearby Humboldt County are bogged down in disagreements and an “anti-regulation vibe,” Allen said.
“Mendocino growers have come to understand that regulation done right provides a clear pathway forward,” said Allen, a former Humboldt grower.
Sonoma County growers are pursuing a similar zoning but it is in the beginning stages, said Sebastopol attorney Omar Figueroa, who represents growers across the North Coast.

Aug 27, 2016

Rape, domestic violence, human trafficking of a minor, assault, gang participation are "non violent felonies?"

Prop 57 or the Public Safety and Rehabilitation Act, another misleading name like Prop 47 considers the following "non violent felonies".

50k bail for Polish national, 28 year old woman arrested for alleged child abuse; child died, bail expected to go up

A 28yr old woman arrested for  alleged felony child abuse PC 273a (a)  in Arcata. Bail is 50k.

There will  be a bail enhancement  because the child died.

Child was eight and a half months old.

Alleged suspect's name is Ewa Misztal. She is a Polish national. She is in custody, and has not yet posted bail.

Update: (August 28) Bail was enhanced to half a million.

Mother alleges assault by adult son on 1100 block of A street in Eureka; EPD checking it out

According to scanner traffic, approximately around 6:40 p.m. this evening, a call came im about a possible assault on the 1100 block of A street. Mother alleged adult son assaulted her. EPD went to the location.

This was an unofficial "scanner report on LOCO" page, I am trying to confirm/follow up but it is the weekend, and if any of the other "unofficial" reports pan out, EPD is having a busy night.

Thomas Lusk found mentally competent and criminal proceedings have been reinstated; jury trial scheduled for October 17

On August 25, after Dr. Ramirez found "defendant is mentally competent", criminal proceedings were reinstated.

Trial confirmation is on for October 6 at 2 p.m. Jury trial is scheduled for October 17 at 8:30 p.m.

Deputy District Attorney Stacey Eads is prosecuting the case. Conflict Counsel's Mr. Greg Elvine-Kreis is representing Lusk.

Aug 5, 2016

Criminal proceedings suspended for Thomas Lusk who was charged with alleged torture, rape and forcible copulation

Trial Confirmation was scheduled for August 4 for Thomas Lusk. Instead criminal proceedings suspended because Lusk's attorney declared doubt regarding his mental capacity.

Dr. Ramirez has been ordered to evaluate Lusk.  A report is expected on 8/25.

Jun 26, 2016

Thomas Lusk arraigned for jury trial, 13 counts include torture, human trafficking, forcible rape, sexual penetration, assault and forcible oral copulation

Thomas Lusk was arraigned on 6/23 for the jury trial in the 2016 case against him.

Lusk had another preliminary hearing for the 2015 case and was held to answer on all counts. That case was dismissed after the preliminary hearing.

He was arraigned on the 2016 case  for the following charges.

Nick Johnson's attorney requests "any and all information pertaining to David Ganfield as a suspect" and gets those records

On August 25, there was a hearing held at the request of Nick Johnson's attorney, Mr. Neal Sanders. The reason; records subpoenaed from the Humboldt County Sheriff and this included "any and all information pertaining to David Ganfield as a suspect", Mr. Sanders told Judge Joyce Hinrichs.

Those records were given to Mr. Sanders. Deputy District Attorney Roger Rees, who is prosecuting the case, stipulated to Mr. Sanders receiving and keeping the records.

Trial confirmation remains scheduled for November 3; Jury trial for November 14.

Aug 16, 2016

Nick Johnson, who shot at DA investigators in a standoff arraigned for jury trial today

Nick Johnson was arraigned on information this afternoon in Courtroom 5 for his jury trial for his alleged role in the  murder of David Ganfield.

Count 1 Murder, with special allegation using deadly and dangerous weapon, a bat.

Count 2 First degree Burglary, person present.

Deputy District Attorney David Christensen was present for the People. Mr. Neal Sanders represents Johnson.

Trial confirmation is on November 3. Jury Trial is on November 14.

His co-defendant Jonas Semore has already been convicted  by a jury and is set to be sentenced on September 15.

Benjamin Heidmann and Konnor Wright to be arraigned for jury trial on Tuesday; charges are the same as preliminary hearing

Benjamin Heidmann and Konnor Wright are scheduled to be arraigned on information on August 30.

The DA's office already filed the information for jury trial on August 19. Charges are exactly the same as the preliminary hearing.

I will update this post with dates on Tuesday.

Aug 16, 2016

Benjamin Heidmann and Konnor Wright held to answer on all charges in alleged attempted murder of David Seigl

A preliminary hearing was scheduled on 8/15 for Benjamin Heidmann and Konnor Wright. It was continued to this morning in Courtroom 5; sent to Courtroom 1.
Count 1: attempted, willful deliberate, premeditated murder with a special allegation that they "personally used firearms"; rifles, causing this to be a serious and violent felony.

Count 2 assault with a semi-automatic firearm, also a felony.

Count 3 Shooting at an inhabited dwelling. If they are convicted of this charge, there is minimal jail time.

The special allegation in Count 3 only applies to Heidmann, that he wore a body vest in the commission of the offense alleged in Count 3.

Alleged victim is Daniel Anthony Siegl.

Deputy District Attorney David Christensen is prosecuting the case. Bail was $1 million for each. Public Defender Mr. Robinson was present with Heidmann. Mr. Marek Reavis was present with Wright.

The People presented one witness APD Field Training Officer Don Arminio. Defense did not present any witnessses.

Arraignment on information is on August 30 at 2 p.m. Both defendants were held to answer on all charges after the preliminary hearing.

Family members and other supporters were present for both defendants. No other media was in court

Kirby Bay bails out of custody after $150,000 cash bond is paid

Kirby Bay bailed out of custody last night. His bail was $150,000. According to one source, a cash bond was paid for, allegedly by his parents.

Trial confirmation is scheduled for August 7. Jury trial September 19.

Jul 27, 2016

Defense intends to file 995 motion in Kirby Bay case regarding Count 3

Kirby Bay was arraigned on information for jury trial this afternoon.

The complaint filed by the DA has three counts. Count 1 stalking. Count 2 Criminal Threats. Count 3 Possession of a firearm by a felon with a prior; the firearm being a handgun. A special allegation for all three counts is prior conviction of a serious or violent felony or juvenile adjudication for negligent discharge of a firearm.

Bay's attorney, Mr. Marek Reavis said he intends to file a 995 motion because Bay was not held to answer on Count 3 at the preliminary hearing.

Aug 26, 2016

Hillary's idea of affordable healthcare? Epi pen; then throwing a major donor under the bus when gets politically inconvenient

Mylan donates to Clinton Foundation. Hillary Clinton expresses outrage at epi pen cost.

Is this Hillary's idea of affordable health care?

Then she throws a $250,000 donor under the bus.

Earl Orr pleads out before jury trial for the death of Jessica Hare of Philipsville

Earl Orr's jury trial was scheduled for August 29.

Instead he plead out this afternoon to voluntary manslaughter and will be sentenced to the maximum, which is 11 years plus 3 years for the use of a firearm; total 14 years.

 More details in press release by DA which will be out shortly.