Apr 11, 2015

"Affirmative consent means affirmative, conscious, and voluntary agreement to engage in sexual activity"


The above link is to a bill aimed at preventing sexual assault on campuses.

California is the first state to define when yes means yes.

What the bill does not do is address the "he said, she said" situation. It does not address campus administration's responsibility about reporting or taking sexual violence against women seriously. It is a step in the right direction for stressing and defining consent.

California legislators love to pass laws that are vague and open to individual interpretation. It has been criticized for not addressing the rights of someone falsely accused. It has also been criticized for putting too much burden on the accused.

Apr 10, 2015

Interstate probation bust yields cannabis, prescription pills and large sum of cash

On Thursday April 09, 2015, at about 9:35 am, the Humboldt County Drug Task Force and the Humboldt County Probation Department conducted a probation search and served an arrest warrant in the 2200 block of Munson Court, Eureka, CA. Agents contacted Henry Stommel (Age 25) who was on courtesy inter-state formal probation and had an extraditable arrest warrant out of Baldwin County, Alabama. Agents arrested Stommel without incident.

During a search of Stommel’s residence, agents located concentrated cannabis, marijuana bud, suspected pay and owe receipts, evidence of inter-state shipping, and a large sum of US Currency. Agents located information that Stommel had a storage unit in Eureka.

Subsequently, agents obtained a Humboldt County Superior Court search warrant and served the search warrant on the storage unit. Agents located marijuana packaged for sales, a large sum of US Currency, a currency counter, concentrated cannabis and packaging materials.

Agents seized an approximate total in excess of 2 pounds of concentrated cannabis, 50 pounds of marijuana.

Stommel was arrested on the outstanding warrant, for possession of marijuana for sales and unlawful possession of prescription pills without a prescription. Stommel was booked into the Humboldt County Correctional Facility and his bail was set at $25,737.00.

Apr 9, 2015

" Thank you for allowing us a voice with my email below as it may fall to us to protect the only thing Douglas has left – his good name"; the impact of the trial on Douglas Anderson-Jordet's family in their own words

Dear Mr. Chiv,

I wanted to comment on one of your recent posts but for some reason I was blocked from doing so on my android tablet. It is probably best that I didn’t as I was upset at the time. I saw Juan Ferrer’s sister’s comment and your reply and I truly feel sorry for her as I know she needs to support and believe in her brother. I am Douglas Anderson-Jordet’s sister-in-law. I wanted you to know that Douglas’ family also reads your blog for information about the case as we are all from Minnesota and can’t be in Arcata for the full proceedings.

I think an email to you personally may serve better for what I wish to share. The notion that Douglas was in any way homophobic or would willingly engage in physical violence is absolutely absurd to anyone who knew him! He was not a big or imposing man and he was alone on a dark street outnumbered 3 to 1 by much younger (and larger) people. He was going home and had to pass them on the street to get to his home a few blocks away.

Mr. Ferrer took Douglas’ life (a point Mr. Ferrer does not dispute) and now he and his attorney are trying to smear Douglas character in an attempt to invent a plausible defense. We find this particularly shameful. Douglas has a number of gay friends in Minnesota whom we have recently asked to contact the DAs office in case they can be of any help in the case. For your own information, the actual “offensive statement” reported to police by an objective witness shortly after Douglas was found dead was “Fuck you and your fat girlfriend”. That statement does not indicate to me that he even recognized any of them as gay – (nor would it have mattered to him even if he did).

For some reason it is important to me that you have a little background on Douglas as you watch the court proceedings. He was not the same as most of us, he was truly an extraordinary individual. At home in Minnesota he was a radio host whose program highlighted vintage vinyl records, a talented composer and musician beloved by the St. Cloud music community, fantastic chef, artist, writer and humorist. You won’t find a single violent, homophobic or hateful thing on his Facebook page or in any of his hundreds of songs or writings. Quite the opposite; he celebrated diversity and had many friends from all walks of life, including gay, fringe, and tattooed folk - he was even a moderator for the Huff Post because of his dry humor and ability to tactfully diffuse conflict. When the chef jobs dried up in St Cloud MN, he made ends meet working in a group home helping mentally challenged folks with their activities of daily living. He loved his work there even though he was barely surviving on the money it paid.

A good friend of his had moved to Arcata and told him of an open chef position at Abruzzi. Please bear with me as I share with you Douglas’ update for Mom’s weekly intranet newsletter after he was offered the chef position in Arcata, Ca:

July 22nd 2012 - Update – “A bittersweet farewell”
by Douglas Anderson
St. Cloud, Minnesota

Having lived my first 48 years in Minnesota I think it is fair to say that I am a “Minnesota Boy” and we all know that you can “Take the boy out of Minnesota, but…” oh well, you know the rest.
I have heard that coastal people are very impressed with our Midwestern civility and sense of fair play… and will never miss a chance to exploit these qualities to their best interests.
And so, I stab westward, like so many fortune seekers did years ago, prospecting my own kind of pay dirt: a fair wage at the profession I am trained in.
All of the campy symbolism aside, I leave my friends and family with mixed emotions … hope, fear, blah blah blah … but mostly HOPE … something that’s been in short supply for many people in the last few years, so I am happy to have it.
I am hoping to sneak in a luncheon with my folks before I “hit the dusty trail” and “Go west, middle-aged man.”

Douglas submitted the following with the photo of him below in  December 2012 after he moved to Arcata:

“I have never been as thankful as I was this Thanksgiving. After two long years off, searching and worrying, I finally know job
security again.” 
Douglas Anderson-Jordet
Chef & Kitchen Manager, Abruzzi
Arcata, California 

It is our understanding that Mr. Ferrer felt victimized by the community in general and he had the knife with him that night because he wasn’t going to take it anymore. Douglas happened to be the unfortunate person to cross his path, and if it could happen to someone like Douglas, than it could have happened to any member of your community. The trial won’t bring Douglas back but hopefully it will end these despicable lies about him.

So…. we watch these painful proceedings from afar and wish we could be there each day. We do appreciate your updates.

Hoopa gunshot victim stable, investigation ongoing

On 04-09-2015 at about 03:35 hours, Humboldt County Sheriff’s Deputies were dispatched to the Hoopa Ambulance Base on Airport Road in Hoopa for a gunshot victim.  The victim was driven to the Ambulance Base for treatment of his injuries.  Paramedics transported the victim to a local hospital for treatment.  Sheriff’s Deputies met the victim at the hospital and started an investigation.  The victim underwent surgery and is currently in stable condition.  Sheriff’s Deputies are currently in the Hoopa area conducting follow up to this incident.

The Sheriff’s Office is not releasing any other information at this time, as the investigation is on-going.  More information will be released, as it becomes available.

Apr 8, 2015

Juror in Dane Carr lawsuit shed light on why Dane was victorious against Grocery Outlet

This alternate juror is the only one that gave permission to use his comments. I have included my comments in blue to clarify a few things.

Email 1: "I was on this jury as an alternate so did not deliberate.  I thought this was a criminal case brought by the people, prosecuted by a DDA, not a lawsuit as in a civil case. The defense attorney in this above case suggested that Mr. Carr was the one with a case against Grocery Outlet. I was surprised that the DA would pursue a misdemeanor and planned to tie up a jury and a courtroom for what we were told could take nine days, I believe. The victim from Grocery Outlet did not show up to testify and was described as a hothead by a then coworker at Grocery Outlet. The DA investigator was supposed to testify and did not. The police officer for EPD was asked to testify by the DDA and did not show up. The defense attorney, a woman, did a stellar job. Can you please tell me her name. That would be greatly appreciated. "

I responded to this alternate juror and told him the defense attorney was Ms. Meagan O'Connell from the Public Defender's Office. I also explained to him that the case went to trial because Dane did not want to resolve the case and wanted his day in court and that it was not the DA's decision to tie up the court.

Email 2: "There were not five people attacking Mr. Carr, as per Mr. Carr's comments
to you. All of the store employees that surrounded the dispute were trying
to control the out of control store employee who started the dispute which
led to Mr. Carr pulling the knife for self defense. There was in store
video that was played out a couple of times in opening, and during closing
arguments. One of the eyewitnesses that testified that had called 911
called the 15" knife with 10" blade a pocket knife. This entire
prosecution felt like it was motivated by the sales tax collection of
Grocery Outlet for the City of Eureka, as in political. The defendant, Mr.
Carr, did testify and he himself did a stellar job of explaining the
situation. The female owner of the store testified that Mr. Carr tried to
hide the knife outside in the ground, but Mr. Carr explained the knife was
a gift from his grandfather and was precious (from Japan, said to posses a
soul). The defense attorney made all the difference for Mr. Carr. I imagine it
is a tough job being homeless in Eureka. The video in store showed Mr.
Carr looking to buy cheese and bread. There was no testimony as to why the
store employee went ballistic on Mr. Carr. The employee ordered him out of
the store and Mr. Carr left. But Mr. Carr asked to speak to a supervisor,
which is store procedure, which in a hail of swearing loudly, the store
employee refused. Both of the store owners attended parts of the testimony
in court. I never thought I would side with a man pulling a 15" knife, but
he appeared to keep it mostly in a defensive position. He testified that
he is handicapped with afflictions and could easily have been toppled over.
I am writing this from memory as we were ordered to turn in our notebooks.
Thanks for the name of the defense attorney. She was
perfect. Every time she objected, the judge ruled in her favor it seemed.
And this defense attorney objected quickly. The DDA seemed befuddled and

confused and took some time to gain his composure."

Dane and I never talked. There were two other emails from this juror but they were complimentary about my blog and not relevant to the case.  In the second email, there was a couple of sentences not relevant to the case and are not included. This is the opinion of one juror. There have been others on the jury that agree with him. For those of us familiar with Dane, I will say Ms. O'Connell deserves full credit for winning this case for Dane and he was the most well-behaved I have ever seen him to be. There were other cases going on at the same time or I would have covered this trial in entirety. The DDA that prosecuted this case was A.J. Kamada, I believe he was the last DDA hired under former DA Paul Gallegos. 

Previous posts on the case involving Grocery Outlet and Dane Carr:


Mystery of special hearing for Gary Lee Bullock solved

The motion is being heard by Asst Presiding Judge Christopher Wilson because the Presiding Judge of Humboldt Superior Court, Judge Joyce Hinrichs, has been disqualified from the Bullock case.

The motion was filed by the DA but it is a request by both parties to have Judge John Feeney who has been overseeing all proceedings assigned as the trial Judge for this case.

Apr 7, 2015

City of Eureka victorious over Dane Carr for illegal camping but he won verdict in lawsuit against him by Grocery Outlet

Grocery Outlet posts from my court coverage:


City of Eureka press-release:

The People of the State of California v. Dane M. Carr Appellate Opinion: On April 3, 2015, the
Honorable Christopher G. Wilson, Dale A. Reinholtsen and Joyce D. Hinrichs of the Appellate Division of the Humboldt County Superior Court, issued their opinion upholding the 9 guilty verdicts against Dane Malcome Carr for violation of Eureka Municipal Code Section 93.02 – camping in public.

Carr was prosecuted by the City for violation of 93.02 in December of 2013 after he continued to
camp in public despite the availability of beds at the Eureka Rescue Mission (and no requirement that he participate in faith-based proceedings at the Mission); despite efforts by the City to provide him with information regarding available services; and, despite repeated warnings that his behavior was a violation of the law.

The jury, who found Mr. Carr guilty, heard testimony from all of the officers who cited the
defendant on the 9 different dates that he was informed that camping on public property not designated for camping was a violation of the Eureka Municipal Code. Carr appealed all 9 guilty verdicts.

The Appellate Division of the Superior Court affirmed all 9 guilty verdicts holding that Section
93.02 was not unconstitutional under any of the legal challenges argued by Carr. City Attorney, Cyndy Day-Wilson, said that she was pleased with the court’s decision. “This has been a long legal battle that started in early 2012 and I am pleased that the City’s ordinance has continued to withstand every legal challenge so that the behavior which continues to affect our community can be addressed.”

Chief of Police Andy Mills echoed Day-Wilson’s statements. “This behavior has had a greater
impact on the community than just the 9 counts that were prosecuted. For a period of 18 months, EPD responded to over 80 calls for service regarding Mr. Carr. The calls range from sleeping in doorways; disturbing the peace; and calls from employees at businesses who noticed the defendant loitering around their building.” Chief Mills indicated that such behavior comes at a cost to the community. “It’s not the money that was spent prosecuting Mr. Carr but, the loss of business to our retailers, the fear of residents created by the behavior and the resources that the City depletes every day to address public safety and health concerns which are created by this behavior.”
City Manager Greg Sparks stated: “The City of Eureka is committed to enforcing our ordinances
to improve the quality of life of our residents and visitors. Illegal camping on public and private property not acceptable.

Candido Pena awaits sentencing for sexual misconduct and his underage victim closure as Dr. Renouf's report delayed in court for the third time

This is the third time, there has been a court hearing and Dr. Renouf's report was not sent to the Court or the attorneys.

Once again, a court hearing was postponed to the following week. Next court date is April 14 at 2 p.m. in Courtroom 2. The clerk for Courtroom 2 informed Judge Marilyn Miles that she had contacted Dr. Renouf and his report would be done later today and mailed to the attorneys. The next court date was set so Mr. Clanton could talk with his client.

The case is being prosecuted by DDA Zach Curtis. Today DDA Jackie Pizzo was in court for the People.

Previous posts:


Bench warrant issued for Crystal Dawn Robinson charged with a DUI; source claims she is Cutten homicide victim's sister

A tip given to me by an anonymous source who knows both the Stiglich family and the Robinosn family claims that Crystal Dawn Robinson (who had a bench warrant issued yesterday for a DUI) is Ryan Robinson's sister.

It would explain why except for one person, the Robinson family members were not present today in court.

People make an offer in Judson Stiglich Cutten homicide case

Trial confirmation for Judson Stiglich's jury trial was scheduled this afternoon in Courtroom 2. Stiglich is being represented by Mr. Russ Clanton. Instead of jury trial being confirmed, Mr. Clanton said there has been a "proposed resolution" in the case by the People.

DDA Jackie Pizzo was in court today for the People. The case is being prosecuted by DDA Stacey Eads.

Only one person from the victim's family was in the Courtroom today. Stiglich's mother and his ex who has known him for 15 years and dated him for 5 years were in court , as usual, to support Stiglich.

Mr. Clanton will discuss the offer with Stiglich and next court date is April 17 at 2 p.m. in Courtroom 2. Stiglich is charged with voluntary manslaughter for the death of Ryan Robinson.

Last post with other links:


Jury trial for Jason Daniels charged with off duty sexual assault charges set for June 15

Jury trial is now scheduled for June 15 largely to accommodate Jason Daniel's attorneys' schedule. Instead of his Bay area attorneys, Julia Fox and Steven Betts appearing with him in court today, Mr. Lawrence Killoran who is representing Daniels in a civil suit filed against him,  was present in court today with Daniels. As she has for all court hearings, Daniel's wife was with him.  Instead of Mr. Andrew Isaac who is prosecuting the case, DDA Brie Bennett was there today for the People.

In response to Judge Joyce Hinrichs,  time was waived by both parties. Mr. Killoran waived full reading of the complaint. Trial Confirmation is May 26 at 2 p.m. and Pre-Trial is May 13 at 2 p.m. in Courtroom 5.

Post done today (with links to previous coverage):


Defense says Ferrer statement of "killing fucking sandniggers" not his view but a response to law enforcement about what white, conservative majority thinks of Arabs

Day 2 of Juan Ferrer's jury trial started with him turning around and making a peace sign to me. He was dressed in a nice black suit with a blue shirt and hair slicked back.

Jury selection started after the morning break in the  Ferrer case. Judge John Feeney allowed certain statements to be redacted after the Ferrer's attorney, Mr. Marek Reavis gave specific examples how they don't apply to Evidence Code 1220 and would be prejudicial to his client. DDA Roger Rees and Mr. Reavis mostly stated the same positions they took yesterday. Both Mr. Rees and Mr. Reavis while very competently and passionately advocating for their side have been very civil and courteous to each other.

These statements apply to two interviews with law enforcement that Ferrer gave after he was being investigated as a suspect in the stabbing of Arcata chef Douglas Anderson-Jordet. Ferrer who has been quiet before jury trial in court other than acknowledging his family and friends in the court has been very vocal the last two days, talking with his attorney, giving feedback.

The only dramatic moments were once when Ferrer had an outburst and directed a remark at Mr. Rees and seemed frustrated about a comment. Judge Feeney who is very calm and patient looked very annoyed because Ferrer did not listen to his first request to be quiet and  admonished him in  a strong tone, "Mr. Ferrer, you have an attorney, let him do his job."

Judge Feeney had told counsel he wanted to redact a "derogatory statement made about Arab nationals" that Ferrer had made in the second interview because "it was not probative." Mr. Rees said that the statement should be allowed because yesterday, the defense made a statement about the victim's character and "angry, homphobic slurs" and that the defendant's character was relevant and this statement should be admitted to see "whether the defendant is a peaceful, Buddhist, Vegan". That last statement was made by Mr. Reavis about his client previously.

Mr. Reavis said that the statement about "people overseas killing fucking sandniggers" was not Ferrer's view but him expressing what he thought were views held by a white, conservative majority.

The jury selection process started today.

Sexual penetration by a foreign object, sexual battery, unlawfully touching part of other-abuse are the three counts for Jason Daniel's jury trial; mandatory sex offender registration and HIV/AIDS testing if convicted

This afternoon at 2 p.m. former HCSO Deputy Jason Daniels will be arraigned on information for his jury trial in Courtroom 5.

The complaint filed by the District Attorney for his upcoming jury trial has three counts. Two felonies for Jane Doe #1 and a misdemeanor for Jane Doe #2.

The complaint alleges that "on or about August 29, 2013," for Count 1 Daniels is charged with "sexual penetration by a foreign object" Penal Code 289 (a) (1), a felony, "an act of sexual penetration against the will of Jane Doe Number 1 by force, violence, duress, menace, fear of immediate and unlawful bodily injury on Jane Doe and another person."

This is a serious felony in California and the complaint states that if convicted, Daniels would have to register as a sex offender according to Penal Code Section 290

Count 2 is sexual battery Penal Code 243 (a)  Jane Doe Number 1 and is a felony. Sex offender registration if convicted and according to PC 296 Daniels would have to provide biological samples for analysis.

Count 3 is Jane Doe Number 2 PC 243.4 (e) (1) "unlawfully touching intimate bpart of other--abuse."
Daniels is charged with "willfully and unlawfully touching an intimate part of Jane Doe Number 2 against the will and for specific purpose of sexual arousal, sexual gratification and sexual abuse."

Daniels was held to answer to to Count 1 and 2 in the preliminary hearing held in March and Count 3 was reduced to a lesser charge, a misdemeanor.

For the preliminary hearing  Jason Daniels was charged with three felony counts: Count 1 penetration by a foreign object and Counts 2 and 3 sexual battery. People are represented by Mr. Andrew Isaac. Defense attorneys are Julia Fox and Steven Betts from the Bay area.

Previous posts:


Apr 6, 2015

LOCO and Kym Kemp tell you who got busted, I tell you where they end up

Covering the courts in detail the way I do, on days like today, I can't get press releases out right away.

LOCO and Kym Kemp do a great job of breaking news. I like to follow the headliners and see what happens to them in the criminal justice system.

Law enforcement busts them, Maggie puts them behind bars

Law enforcement has been busy taking the criminals and drugs off the streets. The difference is under DA Maggie Fleming and her team, we are seeing frequent criminals denied release and facing consequences.

Rebecca Chapa who rented from Floyd Squires and was busted for drugs denied release by Judge today

Rebecca Chapa who was busted on April 1 at 800 block of H Street was denied release by Judge John Feeney today.

Her public defender Ms. Heidi Holmquist conveyed to the Judge that Chapa's mom was willing to let her stay with her in Loleta, Chapa said she was taking care of an elderly gentleman and had a son who didnt live with her full-time.

DDA Roger Rees opposed her release because of the drugs for sale charge and out of concern for public safety. Judge Feeney denied Chapa release on her own recognizance and denied release on supervised probation.

Could the special assignment in Bullock be an attempt to get Bullock's juvenile records or a retired Judge to hear the case

Judge Christopher Wilson hears Family Law cases, occasionally criminal. The DA has subpoenaed Bullock's medical records, probably to see if there is a history of mental illness. There have been unsubtantiated rumors that as a child Bullock had some behavior that would explain the way he killed and tortured Fr. Eric.

Perhaps, the DA is trying to obtain Juvenile records for Bullock. Judge Wilson could hear a 827 petition.  Juvenile records have a high level of confidentiality. No one is supposed to know them. They would not be calendared in People v. Bullock. They would be a separate filing.

A local attorney with experience in high profile cases said this might be one explaination. He agreed that with a gag order it is hard to guess what kind of hearing this could be.

Motion for special assignment filed in Gary Lee Bullock case

Gag order makes it hard to find out what this 9 am special assignment motion is on April 6. It was filed today by the District Attorney. Was not entered into the court computer until late morning or afternoon.

I had checked this morning. Then again this afternoon.

The hearing is in Courtroom Six and Judge Christopher Wilson will hear the motion. That courtroom is not the usual buddy judge or sister court for for Courtroom 1 cases, so unless there is some disqualification or something similar, guess we have to wait to see what is happening.

"Sexual orientation is a key issue, this is how all this started"; homophobia and views on LGBT community important in Ferrer jury trial

The case for the stabbing of Arcata Chef Douglas Anderson-Jordet is expected to take approximately 8 weeks including Jury selection.

Jury selection, motions in limine will take up this week and jury selection is expected to continue into next week.

Ferrer's attorney, Mr. Marek Reavis strongly advocated for questions on the jury questionaaire today to include opinions on LGBT community. Other questions discussed both by Mr. Reavis and DDA Roger Rees, who is prosecuting the case included people's personal experiences and fellings about alcohol and drugs, if they had ever lost a loved one to an act of violence.

Initially, DDA Roger Rees did not want Ferrer to be identified by his sexual orientation and just have general opinions on the subject. Mr. Rees said he did not want a particular person identified.

Judge Feeney cited Cal Crim Code 200 and that language was used to draft questions to ask potential jurors about their views on sexual orientation and the LGBT community.

"Mr. Ferrer's sexuality does play a strong role" in this case, said Mr. Reavis. "Mr. Jordet accosted Mr. Ferrer and his companions because he found their visual appearance offensive."

Mr. Reavis was very firm about his client who identifies as bisexual and is a member of the LGBT community and lives in Arcata be identified as such. Citing views on the LGBT community and hate crimes against the LGBT community and that the community and issues relating to the community are a part of the national debate, particularly now, Mr. Reavis said that "despite strides" sexual orientation is key in this case and that the LGBT id often a target of violence and discrimination . The defense has claimed that the victim hurled angry, homophobic slurs and started the confrontation that ultimately led to Juan Ferrer being fearful and stabbing Anderson-Jordet.

"Two parties in this case--one is gay and one hated gays," said Mr. Reavis. "I don't think we need to step around this issue. if the sexual orientation is not brought out, they may agree with Mr. Jordet's opinion"

Today, most of the time was spent finalizing jury questionnaires. Judge Feeney will review a dvd and an audio recording of two interviews Ferrer had with law enforcement tomorrow morning and decide what the jury will see. Mr. Reavis asked that portions of those transcripts be redacted.

"While Counsel is correct about evidence code 1220, that any statement made by the defendant can be used against him," said Mr. Reavis, he told Judge Feeney that in the first interview, the detectives had already interviewed the other two companions walking with Mr. Ferrer that night. Nicholas Stoiber and Sophie Rocheleau were also originally co-defendants in this case, they plead out. Mr. Reavis said that instead of asking Ferre questions in the first interview, the detectives had formed a theory and were basically trying to get information from Ferrer to get a confession and confirm their theory.

Defense admits in first interview Ferrer denied everything but in the second interview, he contacted law enforcement and tells them what happened. Mr. Reavis also wants some portions of the recordings redacted.

Mr. Rees said that if statements by detectives were redacted, then Ferrer's responses would not be in the full context.

Due to Judge Feeney's schedule and a pre-planned conference, this case will not be in court on April 30, May 1, May 4 and May 5. Two members of the Jordet family that have not been able to be contacted by the defense or the People will not be on the witness list. 46 potential witnesses are on the list.