May 1, 2015

Suzanne Cook knew of her husband's deviant sexual propensities, previous molestation and still allowed him near his grandaughter alleges lawsuit

The civil lawsuit filed against Randall Miles Cook and Suzanne Cook alleges that the grandmother did not protect her own granddaughter.

The title of the post includes words from the lawsuit. The lawsuit alleges that defendant had actual knowledge of her husband Randall Cook's deviant sexual propensities, the defendant knew that her husband had previously molested children, and yet the defendant allowed Randall Cook access to a minor, her own grandaughter.




Randall Miles and Suzanne Cook sued by their grandaughter; Cook's former victim; Cook plead down original charges and was convicted in a criminal case

Randall Cook was originally charged with more serious charges in the case involving his own grandaughter, plead to child endangerment in a plea deal  under Paul Gallegos' administration. The victim was his own granddaughter. His real estate license has been revoked. Randall Cook spent time in jail even after the plea deal.

The only coverage of this case was on this blog, for months. Now his grandaughter (through her guardian ad litem Veronica Cook, who is also the victim's mother and Randall Cook's former daughter-in-law) has filed a civil lawsuit alleging personal injury and other damages.

The minor victim is being represented by Patrik Griego of the Janssen and Malloy law firm. The action is an unlimited civil case. The lawsuit alleges that the plaintiff is 8 years old at the time of this new lawsuit. She was younger at the time previous charges were filed. Due to the age of the minor, I will not post a copy of the lawsuit as it alleges very specific details of the alleged sexual abuse suffered in this new lawsuit. Cook has been convicted of the acts against this minor child in his last criminal case and that is stated in the civil lawsuit.

Patrik Griego is the same attorney who was the first lawyer in Humboldt to get restitution for a sexual abuse victim as allowed in California law. Here is the link to that case http://johnchiv.blogspot.com/2014/04/another-first-for-patrik-griego.html?m=1

The victim's mother is now divorced from the father. In a small community, she has faced consequences for speaking up for her daughter. I will share her experiences  and what others have shared  me at the appropriate time. I was in the courtroom several times and Cook's entire family stood by him.

I have been contacted by people to back off from this case. Due to the anonymous comments, I cannot verify who the persons are but they reference Randy Cook by his first name.

The Ingomar Club never called me back regarding the status of Cook's membership. I was looking to confirm whether they had revoked his membership.

Previous post with links to other posts on this case:

http://johnchiv.blogspot.com/2015/04/local-relator-randall-miles-cook-real.html

Marsden hearing in Rodney Ortiz denied, preliminary on for May 5

Marsden hearings are held in a closed courtroom. So while this hearing was being conducted this afternoon for Rodney Ortiz, even the DDA Andrew Issac had to leave.I was the only person in the courtroom audience prior to Courtroom 2 being closed.

Seth Morton preliminary continued, now scheduled for June 1

DDA Andrew Isaac was present for the People today in Courtroom 2. Mr. Casey Russo, from the Public Defender's office is representing Morton. The People did not object to the continuance. Judge Marilyn Miles said "good cause" had been shown. There were no details given. Morton entered a general time waiver today.

Intervention is on May 19 at 3 p.m. and Preliminary hearing is scheduled for June 1.

Previous posts:

http://johnchiv.blogspot.com/2015/03/seth-morton-arrested-for-garberville.html

Continuance filed in Seth Morton case, alleged suspect in home invasion case

Seth Morton has a preliminary hearing scheduled for Monday, May 4. A codefendant, Bret Swortzel, has a hearing the same day in the home invasion Morton is allegedly charged with.

Morton is being represented by the Public Defender and his attorney has asked for a continuance. Judge Marilyn Miles will rule on that this afternoon at 2 p.m.

Previous posts:

http://johnchiv.blogspot.com/2015/03/seth-morton-arrested-for-garberville.html
http://johnchiv.blogspot.com/2015/03/seth-morton-arrested-for-garberville.html


Rodney Ortiz files Marsden Motion to fire his Public defender, will this delay his preliminary hearing?

Rodney Ortiz and his son Vincent Ortiz have a preliminary hearing scheduled for May 5 for the charges filed against them for the shooting of Daniel Colegrove. Rodney Ortiz wanted a speedy trial. He is being represented by Casey Russo.

Ortiz has filed a Marsden Motion. This is the right of a defendant in a criminal case to fire their court appointed attorney for incomptence or inadequate representation.

A hearing to rule on this is scheduled for 3 p.m this afternoon.

Previous posts:

http://johnchiv.blogspot.com/2015/04/vincent-and-rodney-ortiz-cases-to-be.html
http://johnchiv.blogspot.com/2015/03/rodney-ortiz-murder-suspect-gets-his.html
http://johnchiv.blogspot.com/2015/03/vincent-ortiz-who-was-arrested.html
http://johnchiv.blogspot.com/2015/03/vincent-ortiz-arraigned-to-be-arraigned.html

Apr 30, 2015

Zoe coming to Henderson Center, building permit obtained for locally owned American style restaurant

The budding new entrepreneur is Marsa Jordan. Food will be American style. A full business profile will be featured soon.

U.S. Bank robbery suspect that attempted suicide still in ICU

According to HCSO's Lt. Wayne Hanson, the last he heard, Benaiah Tabbytite is still in ICU.

Press-Release:

On 04-30-2015 at about 10:57 a.m. a Senior Correctional Deputy was conducting normal routine cell checks inside the Humboldt County Correctional Facility when he discovered an inmate hanging by his neck with a bed sheet in his cell. The Correctional Deputy immediately called for assistance from medical staff and other Correctional Deputies.

The inmate was immediately removed from the hanging bed sheet and first aid was immediately rendered by medical staff. Correctional staff called 9-1-1 and the Eureka Fire Department and an ambulance responded to the Correctional Facility. The inmate was transported by an ambulance to a local hospital under guard by a Correctional Deputy.

The inmate has been identified as 33 year old, Benaiah Stephen Tabbytite, who was arrested yesterday by the Eureka Police Department for two bank robberies in Eureka. Tabbytite bail was set at $230,000 dollars.

Tabbytite is currently in critical condition at a local hospital. This incident is being investigated by the Humboldt County Sheriff’s Office and the Humboldt County District Attorney’s Office. Tabbytite was housed in a two man cell by himself.

William Morris pre-trial continued until May 7; Morris was driving under the influence, he survived, his passengers died

William Morris of Fortuna, was driving on 101 in March this year under the influence of alcohol and drugs, according to the CHP press release. He drove the vehicle of the road and into a tree. His passengers died, he survived.

I had an eye-witness send me an account of what happened. Today a pre-trial conference was scheduled in Courtroom 2. It was continued to May 7 at the request of defense. Morris is being represented by Conflict Counsel's Mr. Greg Elvine-Kreiss.

Previous posts:

http://johnchiv.blogspot.com/2015/04/he-didnt-check-much-on-his-passengers.html
http://johnchiv.blogspot.com/2015/04/eyewitness-to-william-morris-collision.html

This is the offer made by the People in the Judson Stiglich case

·         Guilty on H&S 11359 with 12022(a)(1) = 4 years

·         Guilty on PC 29815 =3 years = 8 mos.  

·         Guilty on PC 496(a) = 3 years = 8 mos.

·         Guilty on H&S 11378 = 3 years = 8 mos. 

6 year total, CDC

Judson Stiglich would also enter a guilty plea to H&S 11377(a) in CR1402173 and admit a violation of probation in CR1301647.  All custody credits earned up until the time of sentencing would to go to these two files, giving him no credits in the felony file.

This information was provided by DDA Stacey Eads, the prosecutor in the case.

People offer proposal of 6 years plea in Stiglich case, we wont know until next week if accepted

Today, a disposition and reset hearing was scheduled in Courtroom Two for Judson Stiglich, the Cutten man accused of shooting Ryan Robinson. The links give all the background on the case. It has been at least three hearings where an offer has been made but not accepted yet by Stiglich.

People made a firm offer, defense asjed for another week continuance so Mr. Russ Clanton could discuss the offer with Stiglich. Mr. Clanton's associate, Mr. David Celli was in court this afternoon.

Robinson family was so noisy and distracting that I heard parts of the offer. I will confirm later with DDA Stacey Eads and update details. Judge Miles at one point, had to ask one of the Robinson family members to take one of the children out so the court reporter could hear what was being said.

Jennifer Robinson was talking to Stiglich's family outside the courtroom when members if Robinson's family created a scene and yelled threats of physical harm towards Stiglich family.

Jennifer Robinson used to date Stiglich.

Both families and friends of the victim and defendant have attended the court hearings. The case is being prosecuted by DDA Stacey Eads. Stiglich is represented by the law firm of Russ Clanton.


Previous posts:

http://johnchiv.blogspot.com/2015/04/once-again-no-resolution-in-stiglich.html
http://johnchiv.blogspot.com/2015/04/will-there-be-chabge-of-plea-in.html
http://johnchiv.blogspot.com/2015/04/people-make-offer-in-judson-stiglich.html



Apr 29, 2015

Local bank robber arrested and held with $200,000 bail


On 04/23/15 at about 2:44 p.m., the US Bank in Henderson Center was robbed. No weapon was displayed and an undisclosed amount of cash was taken. The suspect exited the Bank and fled southbound on F Street, towards Harris Avenue.
On 04/28/2015 at about 3:46 p.m., the Coast Central Credit Union at the Bayshore Mall was robbed. Once again no weapon was displayed and an undisclosed amount of cash was taken. The suspect was last seen fleeing into the parking lot of Walmart.
Based on the investigations into these robberies, a suspect was identified by detectives. Probable cause was developed and a warrant was issued for the arrest of Benaiah Stephen Tabbytite (33 years old of Eureka). Tabbytite is believed to have committed both robberies.
On 04/29/2015 at about 6:55 p.m., officers were dispatched to the 600 block of Buhne Street for a male subject who appeared to be “passed out” on the porch of a residence at this location. Officers contacted the subject and he was identified as Tabbytite. Tabbytite was taken into custody on the outstanding robbery warrant.
Tabbytite was booked into the Humboldt County Correctional Facility and is being held on $200,000 bail.  

If Bad Boy Michael Throckmorton absconds, blame the legal loophole, not the DA who tried to keep him in California

After three tries, Michael Throckmorton was found guilty of a felony: domestic violence. He was to be sentenced this afternoon. He could have received four years in jail or probation, whichever option Judge Timothy Cissna chose. The DA recommended jail time, Probation agreed.

Today, his defense attorney Public Defender Owen Tipps asked for a four week continuance. The reasons: Throckmorton's mother is having hip replacement in Virginia and he needs to be there. "There is also the issue of his dogs, if he goes into custody." This is the same excuse Mr. Tipps offered last time when Throckmorton was found guilty but he was not remanded. The guy knew he could go to prison today, he had ample time to arrange for dog care.

Mr. Tipps added that he had a number of issues with the probation reccomendation and wanted time to file a statement of mitigation. To add to all this, apparently, Throckmorton just received the probation report.

The People opposed the continuance but Judge Cissna said since Throckmorton just received the report, he is entitled to statutory notice. Five days, DDA Pizzo stated but seeing Judge Cissna was going to grant the continuance, she requested it not be a lengthy one.

"My concern is if we continue, he is out of custody. He could go to Virginia and not come back because he knows probation recommended prison."

Judge Cissna agreed 4 weeks was too long but granted the continuance to give Throckmorton the time to go see his mother and consult with his attorney.

Throckmorton said he could fly back by May 22. Judge Cissna set the date. Again, he waived time for sentencing.

Judge Cissna told Throckmorton, "this is a mandatory appearance. You can't send something saying I have to stay longer or I missed my flight."

"Is that the day I will be locked up?" was Throckmorton's question?


Last post with links to all previous coverage.

http://johnchiv.blogspot.com/2015/03/michael-throckmorton-found-guilty-this.html?m=1

Ferrer defense witness 3 and 4 don't make much of a difference

In the last half an hour of today's court hearing in the Juan Ferrer trial, Cher Southard, the manager of the Crew house where the victim, Douglas Anderson lived testified. Past references to her testimony by defense have claimed she was going to testify that Anderson used to get drunk and did not get along with some of the other housemates. Today, in court, she was not as emphatic.

The other witness was Mary Driscoll, a friend of Ferrer's from Crescent City who was a character witness and said Ferrer was a peaceful guy. Other than Nicholas Stoiber, the rest of the defense witness list seems to have a lot of names of bartenders and Ferrer's friends.

No one except Ferrer, Stoiber and Rocheleau were at the altercation. Anderson is dead. That leaves Ferrer whose credibility is toast due to his own actions and words. Character witnesses can't rehabilitate that damage.


She saw the open knife in Ferrer's hand and he said, "we need to get rid of this and I saw him toss it somewhere"

The defense's second witness was Sophie Rocheleau.

Rocheleau said Ferre and she got together late evening on November 24. Her account of that evening was pretty much the same as Ferrer except she did not mention them sharing "half a fifth of Jim Beam" at Stoiber's house and she made a crucial statement that Everett's was not the last bar they went to but that they went back to the Alibi.

Ferrer has been asked this a few times and each time he had denied that the three went back to Alibi. The list of discrepancies and lies by Ferrer are growing day by day. She also said that there were no plans to stop by the school on the way home to finish a bottle of whiskey but that they did buy one.

Then she gave her version of the events that led to the altercation between Ferrer and Douglas Anderson.

She called Ferrer "Joey." They were walking in a single file. There was "a little bit of banter" as they were walking. They were all in a good mood she said. Then, "We heard some shouting from behind us to the right." The tone was angry, she said. "Initially, it something along the lines of faggots, fuck u guys." Rocheleau said initially she didn't thik it was directed at her, Ferrer and Stoiber but then they turned around because "no one else was around." She said the person  was shouting and "walking in our direction. At first he was on the other side then he crossed over and continued to shout"

Mr. Reavis asked what Anderson was yelling. "More of the same incendiary results."

Mr. Reavis: "Have you been shouted like that on the streets of Arcata?"

Rocheleau: "Not like that."

Rocheleau said it was a continuous rant. That caused them alarm. She said the words "faggots" and "fat bitch" stood out to her "Other words were just a tirade." She assumed he was drunk "because he was verbally assaulting three people on the street for no reason."

She said the three did not say anything but "we looked at each other like wtf is going on?"

Then she said he walked past them toward the intersection of the sidewalk they were also walking to and "eventually Joey said, he fuck you."

"The person stopped, turned around, like he was going to yell and made a movement in their direction. At this point everything happened very fast."

She said by this time, Ferrer was in front of her and Stoiber. Anderson and Ferrer were a few feet apart and then they came face to face. She said Anderson "takes a couple of steps" towards Ferrer. She wasn't sure if Anderson was still yelling. "They both mutually approached each other."

Mr. Reavis asked," Did you see if Mr. Ferrer had a knife?"

"No," said Rocheleau. She said she knew he carried one occasionally for utility purposes.

Then she made a statement that is key. This was in response to questions by Mr. Reavis. "It looks to me that Joey punched Mr. Anderson-Jordet." Mr. Reavis asked her to demonstrate and with a right hand, she made a forward thrusting motion. "It's difficult to say if Mr. Anderson-Jordet made contact with Joey but he was definitely approaching in a hostile manner."

Mr. Reavis asked, "Was Joey scared?"

Rocheleau said yes and this was "based on Joey's defensive posture."

She said that after Ferrer had punched, "the guy fell down and got back up." Mr. Reavis asked if Anderson was hurt and Rocheleau said no. "Did he say anything," asked Mr. Reavis. Rocheleau responded, "No."

"At that point, Nick and I were there. I was just following Joey; I was concerned and the guy sprang up right in front of my face. Joey was to standing to the right, to the side. I kinda whacked him with my arm to get past him." She said she struck him in the chest but not hard. "He stumbled down again. It surprised me he did. He fell on his back and then he started kicking me. I kicked him back and my shoe fell off. I made contact with his legs. Nick shoved me out of the way. He was getting back up and Nick punches him, once to the face."

Mr. Reavis: "Did you, Nick and Joey plan to put the beat down on Mr. Anderson-Jordet?"

Rocheleau: "No."

Rocheleau said they walked away from Anderson at a fast pace and could hear "incoherent yelling" from Anderson. When they turned at 12th Street, "Joey stopped and said, 'Oh shit, I think I stabbed him.'." Rocheleau said both her and "Nick were like, what? I didn't believe it; it's not what I saw. It didn't seem plausible,"

When Mr. Reavis asked her why she thought it wasn't plausible, she said, "Stab is a fairly serious injury. He didn't seem to be seriously injured by his continued aggression."

She said that "We were just like, lets' get out of here." At that point she saw the open knife in Ferrer's hand. "He said, we need to get rid of this and I saw him toss it somewhere."



U guys were going to put the beat on him" ; "Do you think Doug's family wishes he could have the luxury to go home?" Deputy District Attorney Rees asks Juan Ferrer

DDA Roger Rees continued his cross of Juan Ferrer this morning by showing him a photo and asking him to identify it. Ferrer said it was from his facebook page. Then DDA Rees asked him to identify where it was taken, Ferrer just responded with, "a store in Japan town". When pressed, he said that was a store that sold "Hello Kitty" stuff. This was a reference to the testimony yesterday where Ferrer saw a band, shopped with his girlfriend Sophie Rocheleau and had a  nice Thanksgiving family dinner, the same week he had an altercation with Douglas Anderson.

DDA Rees asked him to identify what his facebook page name was, Ferrer said "Repo Man." The jury got to see a photo and a comment below it by Ferrer.

Then DDA Rees questioned Ferrer again about discrepancies in his testimony in court versus previous conversations with law enforcement. When DDA Rees asked Ferrer why he gave a different answer in court about the route he took home after they walked away from Anderson on 12th and H streets than the one he gave Acting Sgt. Chris Ortega, and why he told law enforcement he went directly home, Ferrer said "because of everything he was going through" and added today, "We were going to the school to finish some whiskey." He omitted that detail yesterday and never mentioned it to law enforcement.

DDA Rees questioned Ferrer about telling Acting Sgt. Ortega about what "Nick and Sohphie had done", yet yesterday he said he did not remember. Ferrer kept insisting that he only knew what Nicholas Stoiber and Sophie Rocheleau did because Acting Sgt. Ortega told him what happened. "I was repeating what they told me."

Same type of explaining away about the knife and length. DDA Rees asked him "yesterday you said you only told your sister about stabbing but you told your grandma you were in a fight?"

Ferrer said yes. Then DDA Rees said, "Did you review any materials before coming to testify?"

"I've had my discovery, so yeah," said Ferrer. "After coming to court, yeah I saw my transcript."

Then DDA Rees read from that transcript in which Ferrer said to his grandmother. "I think I stabbed somebody."

Ferrer then changed his answer, "As far as I can remember, I just told my sister and grandma. My grandma knew something was wrong from my behavior."

DDA Rees: "You were here (in court) when Detective Ortega testified about his theories. Did he tell you his theory at the hospital?"

Ferrer: "It is no secret what his theory was from the go."

DDA Rees then read a statement from that hospital interview with Acting Sgt. Ortega saying, "There are two theories." DDA Rees asked Ferrer if one of those theories was based on a statement by Stoiber "U that "U guys were going to put the beat on him."

Ferrer hemmed andhawed and then said "They saw I needed help...They came to help me."

It had been about 10 minutes into this morning's session and Ferrer was getting starting to testy in his responses.

DDA Rees then asked him where the altercation took place. Ferrer said, "Initially, I thought it took place near the store but after hearing Sarah Brody testify, I feel near the Vintage Avenger."

DDA Rees then pointed out that when Acting Sgt. Ortega has asked him if the altercation was near the Vintage Avenger, he had responded, "Yeah."

DDA Rees asked him, "What did you mean by 'I seen red." This referring to a previous interview.

"I was scared," said Ferrer.

DDA Rees: "Doesn't red mean anger?"

Ferrer: " I don't know the definition. I meant panic."

DDA Rees then asked Ferrer that when Acting Sgt. Ortega asked him to tell him everything, "why didn't you tell him about '"I will fucking kill you"; "I will fuck/shut that fat bitch up'?

"I didn't think it was important," said Ferrer.

"You didn't think it was important but now a year and half later, you remember?"

Mr. Marek Reavis, Ferrer's defense attorney then questioned him and asked him, "Why didn;t you call 911? Why didn't you check on Mr. Anderson-Jordet?"

Ferrer gave the same answer as yesterday which is because Anderson got up. Then two of Anderson's family members in the audience had to hear Ferrer say he felt safe in the streets of Arcata before Anderson "attacked him like a rabid jackal."

Mr. Reavis' cross for the most part was an opportunity for Ferrer to further embellish his version of events with no new information and Mr. Reavis prompting answers from Ferrer with his long questions.

A few minutes before he ended his relatively brief re-direct, Mr. Reavis asked Ferrer,"Did you intend to stab Mr. Anderson-Jordet?"

Ferrer: "no."

Mr. Reavis: Did you intend to kill Mr. Anderson-Jordet?"

Ferrer: "No."

Mr. Reavis asked Ferrer if he had any feelings of regret. Instead of showing any remorse, Ferrer went off about himself.

"One of the things that makes my remorse (pause), The thing that makes it odd is the support that I get every day from correctional staff, how many people support me..." Mr. Rees objected to the support part and those remarks were stricken by the Judge.

Then Ferrer continued a monologue. "I wish we could have met under different circumstances. I think he was in a bad spot. He would have seen I could have been a friend to him. I feel a deep sense of pity. I know what it is like to lose someone at the hands of someone else and I hold it against them (Anderson's family) that they are angry."

Please see my earlier post where Anderson's family has never said anything disparaging about Ferrer despite their grief.

Ferrer went on about how he would like the luxury to go home, have a nice meal and not be shoved from cell to cell coming to court every day.

On a brief re-cross, DDA Rees brought that statement up and said, "Do you think Doug's family wishes he had the luxury to go home?"

Ferrer snapped at Mr. Rees, "I knew you would bring that up. That is a stupid question to ask."

And that is the image Ferrer left the jury with this morning.



Kailan Meserve who was busted for sexual battery, forcible rape, oral copulation and more is Dave Meserve's son

Former Arcata City Council member Dave Meserve was in court this morning. His son is charged with 17 counts including threats to commit crime resultung in death, first degree burglary, forcible oral copulation (several counts), sexual battery, kidnap to commit robbery, penetration by a foreign object and assault with a deadly weapon. A criminal protective order has been served on him.

 The bail was set by  Judge Miles in accordance with the bail schedule after DDA Brie Bennett, who is prosecuting the case did the math and requested it be set according to the schedule. Judge Miles had earlier stated that amount originally set might not be correct, and gave counsel the opportunity to supply the court with the correct bail calculations, which DDA Bennett did. 

A bail review hearing has been scheduled for May 5 at 8:30 a.m.

"Oh shit, I think I stabbed him", is what Ferrer said to Sophie Rocheleau who made a very credible witness for the defense today but her truthful testimony further shows Ferrer's isn't telling the whole truth

Sophie Rocheleau, a former co-defendant of Ferrer's and his girlfriend at the time of the altercation between Ferrer and Douglas Anderson, testified today. She was being questioned on direct by Ferrer's attorney and then her testimony was interrupted around 11:30 a.m. today so two other witnesses, Cher Southard and Mary Driscoll could testify  could briefly testify. She will resume her testimony next week.

While some of her testimony verified what Ferrer said, there were statements that showed Ferrer lied or left information out. One such example was that Rocheleau, Ferrer and Nicholas Stoiber went to the Alibi after Everett's. Another is that Ferrer said that he should get rid of the knife and the quote above.

Rocheleau was a very credible witness. At times, she did not recall some details and said so but she did not hesitate to answer and even when she gave responses not favorable to Ferrer, she did not take them back when Mr. Reavis tried to clarify.

By her own testimony, she said she had been diagnosed with Autism Spectrum disorder and had difficulty communicating. She has been quiet in court or when I have seen her at the courthouse but that is to be expected. She communicated really well for someone not used to being on a witness stand on a regular basis and she was very pleasant. Very likeable.

Law enforcement and the DA's office has maintained that Stoiber and Rocheleau were truthful in their testimony from day one. Court took a short break and when Rocheleau walked out, she briefly glanced at Ferrer who did not eveen acknowledge her.


Even when given a chance to express remorse for his actions on the stand, Ferrer calls Douglas Anderson "rabid jackal"

Juan Ferrer's defense attorney tried on cross to give Ferrer a chance to redeem himself and explain his actions, both of the night he had an altercation with Douglas Anderson-Jordet and to fix the damage from his testimony yesterday.

Instead Ferrer showed how self-absorbed he is regarding this incident, calling Anderson a "rabid jackal" attacking him and snapping again at DDA Roger Rees.


Bail raised to 2 million for Kailan Meserve charged with kidnap, rape by force and other serious charges; DA will insist bail be paid by legitimate sources

Kailan Meserve has been served a criminal protective order and has a total of 9 charges including Kidnapping to commit robbery; Rape by Force/Violence; Oral Copulation by Force/Violence and forcible Oral Rape; Penetration by a Foreign object; Assault with a deadly weapon.

There was no hearing regarding bail today but DDA Andrew Isaac told me they will argue that bail be paid by legit sources. This is according to PC 1275.1

1275.1.  (a) Bail, pursuant to this chapter, shall not be accepted
unless a judge or magistrate finds that no portion of the
consideration, pledge, security, deposit, or indemnification paid,
given, made, or promised for its execution was feloniously obtained.
   (b) A hold on the release of a defendant from custody shall only
be ordered by a magistrate or judge if any of the following occurs:
   (1) A peace officer, as defined in Section 830, files a
declaration executed under penalty of perjury setting forth probable
cause to believe that the source of any consideration, pledge,
security, deposit, or indemnification paid, given, made, or promised
for its execution was feloniously obtained.
   (2) A prosecutor files a declaration executed under penalty of
perjury setting forth probable cause to believe that the source of
any consideration, pledge, security, deposit, or indemnification
paid, given, made, or promised for its execution was feloniously
obtained. A prosecutor shall have absolute civil immunity for
executing a declaration pursuant to this paragraph.
   (3) The magistrate or judge has probable cause to believe that the
source of any consideration, pledge, security, deposit, or
indemnification paid, given, made, or promised for its execution was
feloniously obtained.
   (c) Once a magistrate or judge has determined that probable cause
exists, as provided in subdivision (b), a defendant bears the burden
by a preponderance of the evidence to show that no part of any
consideration, pledge, security, deposit, or indemnification paid,
given, made, or promised for its execution was obtained by felonious
means. Once a defendant has met such burden, the magistrate or judge
shall release the hold previously ordered and the defendant shall be
released under the authorized amount of bail.
   (d) The defendant and his or her attorney shall be provided with a
copy of the declaration of probable cause filed under subdivision
(b) no later than the date set forth in Section 825.
   (e) Nothing in this section shall prohibit a defendant from
obtaining a loan of money so long as the loan will be funded and
repaid with funds not feloniously obtained.
   (f) At the request of any person providing any portion of the
consideration, pledge, security, deposit, or indemnification paid,
given, made, or promised for its execution, the magistrate or judge,
at an evidentiary hearing to determine the source of the funds, may
close it to the general public to protect the person's right to
privacy in his or her financial affairs.
   (g) If the declaration, having been filed with a magistrate or
judge, is not acted on within 24 hours, the defendant shall be
released from custody upon posting of the amount of bail set.
   (h) Nothing in this code shall deny the right of the defendant,
either personally or through his or her attorney, bail agent licensed
by the Department of Insurance, admitted surety insurer licensed by
the Department of Insurance, friend, or member of his or her family
from making an application to the magistrate or judge for the release
of the defendant on bail.
   (i) The bail of any defendant found to have willfully misled the
court regarding the source of bail may be increased as a result of
the willful misrepresentation. The misrepresentation may be a factor
considered in any subsequent bail hearing.
   (j) If a defendant has met the burden under subdivision (c), and a
defendant will be released from custody upon the issuance of a bail
bond issued pursuant to authority of Section 1269 or 1269b by any
admitted surety insurer or any bail agent, approved by the Insurance
Commissioner, the magistrate or judge shall vacate the holding order
imposed under subdivision (b) upon the condition that the
consideration for the bail bond is approved by the court.
   (k) As used in this section, "feloniously obtained" means any
consideration, pledge, security, deposit, or indemnification paid,
given, made, or promised for its execution which is possessed,
received, or obtained through an unlawful act, transaction, or
occurrence constituting a felony.

Two family members drove all night to be here for the trial of the man who denies killing Douglas Anderson

One thing I know, Doug was loved. Many of Doug's family and friends have privately emailed me thanking me for the detailed coverage of the Juan Ferrer trial.

What I will share is that in no way have they disparaged or said anything negative about Ferrer.
Most of them are in Minnesota. Last night, Doug Anderson's sister Marlene Johnson and her husband who live in Idaho drove all night to they can attend the court hearing today and see Ferrer on the stand. Others will come later. They have already travelled last year when the original plea was thrown out. 

How many of us are lucky enough to have friends and family that love us unconditionally? Doug Anderson is blessed to be one of the rare ones.






Humboldt County has a new County Counsel: Jeffrey Blanck

The Humboldt County Board of Supervisors hired a new County Counsel yesterday.

I saw First District Supervisor Rex Bohn later this morning after I posted the news. "He was an unanimous choice. He was highly recommended for his morals and straightforwardness. He is a good family man and a good addition to our community."

Board Chair and Second District Supervisor said, "I think Jeff Blanck will be a good fit for Humboldt County. He has a good professional background in many of the areas important to us. He and his family seem genuinely excited to join us here on the North Coast and we look forward to welcoming them to their new home sometime in early June. Mr. DeMarco is our Consultant Interim County Counsel and will be with us at least up until Memorial Day. Ms. Ruth continues as Assistant County Counsel."

CAO's press release:

Board Appoints Jeffrey Blanck to Position of County Counsel

The Humboldt County Board of Supervisors on Tuesday announced the appointment of Jeffrey S. Blanck to the position of County Counsel.
For the past 11 years, Blanck has run his own law firm in Reno, Nevada, practicing in the areas of civil rights, education, employment law and Equal Employment Opportunity Commission filings. Prior to that, he served as general counsel for Washoe County School District (WCSD) from 1998 to 2004. An attorney for more than 25 years, Blanck has extensive experience with public agencies and land-use issues.
While with WCSD, Blanck was able to control costs for the district by keeping much of the legal work in-house, as opposed to hiring outside counsel. He accomplished this while working as the sole in-house attorney for the second-largest school district in Nevada, which consisted of 7,000 employees. In addition, as agency counsel with the Tahoe Regional Planning Agency, which regulates development around Lake Tahoe, Blanck brought the departments of transportation for California and Nevada, respectively, in to compliance with its runoff regulations. Blanck also has experience as a teacher and trainer, and for a year brought attorneys from the former Soviet Union to the United States and trained them on environmental law and advocacy.
“Mr. Blanck has a very well-rounded background and I think he’ll be a very good fit for Humboldt County,” said Estelle Fennell, Chair of the Humboldt County Board of Supervisors. “I’m very happy to have him on board. I think he and his family will love it here.”
Some of Blanck’s education includes bachelor’s degrees in agricultural ecology (UC Davis in 1975) and Russian language and literature (George Washington University in 1980). He earned his juris doctorate from Hastings College of the Law in 1984. Blanck is scheduled to begin work with the county in early June.
“I am really looking forward to being the County Counsel and living in Humboldt County,” said Blanck. “Humboldt is a beautiful place and I’m excited about becoming part of the community.”

Apr 28, 2015

"You keep using that word fatal, why?"; "So he didn't fall on the knife, it went into his chest when you pushed him off?" DDA Rees uses Ferrer's own words to trip him up

DDA Roger Rees was masterful in his cross. If this was  a chess game, DDA Rees got Ferrer to checkmate with every move; in this case every question. This is how Mr. Rees opened his cross of Ferrer.

DDA Rees: "You were angry because you never got to see a photo of Anderson-Jordet?"

Ferrer: "Yes."

Mr. Rees then walked up and showed Ferrer the same smiling photo of Douglas Anderson-Jordet the jury saw during opening arguments.

DDA Rees: "Is that the man you killed on November 2?"

Ferrer: "Yes."

DDA Rees: "You stuck your knife in his chest and he died."

Ferrer: "No."

DDA Rees: That is where Doug died." Mr. Rees showed Ferrer the photo with evidence markers on 12th and H with blood.

Ferrer: "I don't know."

DDA Rees: "Did he pick up a rock? Did he pick up a knife?" Mr. Rees brought  the point the home that Douglas Anderson was unarmed. Mr. Rees then quoted what Ferrer said about no one deserving to die for hurling insults.

Mr. Rees asked Ferrer, "The sequence of interviews you gave, you stand by everything?"

Ferrer responded, "I stand by what I said. I didn't kill anyone."

Mr. Rees then started pointing out the inconsistencies and lies and used Ferrer's own words against him which led to Ferrer ultimately saying he was lying, getting defensive with Mr. Rees, losing his cool on the stand, easily getting upset with just words and while he did not physically get up and attack Mr. Rees, Ferrer after a series of questions frustrated attempted to make Mr. Rees look like a bully and him the victim. That tactic worked against Ferrer.

DDA Rees completely destroyed Ferrer's credibility in less than an hour this morning and his cross will continue tomorrow.

DDA Rees: "You said you rode a bike home, that was a lie"

Ferrer: "Yes."

DDA Rees: "You told your grandmother about with a fight with a skinhead, that was a lie."

Ferrer said he thought that about Anderson-Jordet based on his trenchcoat.

DDA Rees: "You told your grandmother you head butted him."

Ferrer: "No."

DDA Rees: "Who did you tell you stabbed Doug? Sophie? Did you tell your sister?

When Ferrer denied telling either of them, Mr. Rees brought up Ferrer's text: "Only my sister aside from you and soph and my fam are gangsters no snitching"

Then Mr. Rees brought up the fact that Ferrer denied the "I stuck him to get past him" statement he made to Deputy Scott Harris.

Ferrer got defensive and tried to talk his way out.

Mr. Rees then said, "You told Detective Ortega just the summary but you are saved all the truthful details for here today, in court?"

Ferrer: "Yes"

DDA Rees: "So you stand by the first interview and second interview?"

Ferrer: "yes."

Mr, Rees asked him about the LOCO article and Ferrer said he could not recall when he read it or if there was a date on the post.  Mr. Rees showed him a print out of the article with date and time. Contrary to what Ferrer had said in direct testimony earlier that morning about nothing being in the media, the date of November 26, 2013 at 9:58 a.m was in the article.

Then, Mr. Rees brought up the text message from Ferrer to Nicholas Stoiber: "Dude, I am not trying to scare you but I'm sure lossy coast outpost is about us." Ferrer said that Stoiber brought this up to him.

DDA Rees: "Why did you tell Mr. Stoiber, as long as the weapons don't come up, we are clear." This is another text message we saw in court before. Ferrer said he did not want the knife to be used to incriminate him for a another crime.

DDA Rees: When you were walking away, which one of you suggested you call the police?"

Ferrer: "no one."

DDA Rees: "Which one of you suggested you call the fire department?"

Ferrer: "No one."

DDA Rees: "Which one of you suggested you call the paramedics?"

Ferrer: "No one."

DDA Rees: "Did you go back and check to see if he was okay?"

After this, DDA Rees walked Ferrer through his own version of threats and what happened and how the altercation resulted in Anderson-Jordet getting wounded by the knife.

At this point, Ferrer was backed up, he kept changing stuff around and said Anderson-Jordet was walking away from him. This is different than what he described in direct testimony.

Mr. Rees noting that now according to Ferrer, Anderson-Jordet was walking away from him, he asked Ferrer, "Why didn't you let him walk away, why did you say Fuck you too, man."

Ferrer got testy and responded, "I wish I had let him. That would have changed events."

DDA Rees: "Were you tired people picking on you?" He asked Ferrer to describe what he was wearing that night. Ferrer described his clothes and that he had black nail polish and platinum bleached hair.

DDA Rees: "What about your appearance would associate you with the LGBT community instead of punk/goth? Nothing about your appearance suggests you were a member of the LGBT community?

These questions rattled Ferrer. Then Mr. Rees asked him, "How would you describe you were dressed?"

Ferrer: "Punk/goth."

Mr. Rees asked Ferrer what about Anderson-Jordet being dressed in a trenchcoat made him fearful. Ferrer said that he associated the trenchcoat with "the greater right wing Nazi culture of Punk."

In his earlier testimony, Ferrer had said his weekend and his trip to San Francisco had been ruined due to the altercation.

DDA Rees: "So your weekend was ruined but you still did stuff when you went to San Francisco?"
Mr. Rees brought up that Ferrer went to see the punk band, Seeing Red, he went twice to Hello Kitty store, and had a nice family dinner at Thanksgiving. At first Ferrer tried to say he only went to the Hello Kitty store to appease "Sophie" but when Mr. Rees confronted him with two photos on facebook, he backed off.

Then DDA Rees asked: "How was your weekend ruined?"

Ferrer: "I was trying to keep my game face on."

Bringing up Ferrer's own statement that he drank before his arrest. This is while he was at his grandmother's house where he lives and said he watches her almost 24/7.

DDA Rees: "Who watches your grandma when you get drunk?"

Ferrer got upset saying his aunt was over that night.

DDA Roger Rees: "So is that a regular thing that if your aunt is over, you get drunk?"

Mr, Rees asked Ferrer why he sent a text to Stoiber on Thanksgiving Day asking if they were in the clear if he did not know the victim was Anderson-Jordet until he was arrested on December 3. Mr. Rees also brought up another text about no other witnesses besides us and Ferrer's response was that he was referring to witnesses to the fight between him and Anderson-Jordet.

Mr. Rees asked him if he told his sister about a stabbing and Ferrer said he didn't say stab, he just said a fight. And then Mr. Rees brought up the no snitching text messagde and Ferrer said he didn't want to be connected  with another stabbing.

"That's just fate," said Ferrer.

"No, that's not fate, you stabbed him," said Mr. Rees.

DDA Rees: "When you were walking, you said you might have heard him, did it cross your mind to check on him?"

Ferrer: "There was no indication he was fatally hurt."

DDA Rees then asked Ferrer, "You had never seen him before. So why did you think he was violent?" He asked Ferrer if he saw anything in the bar that would indicate that Anderson-Jordet was violent. He asked Ferrer that Anderson-Jordet was walking away so what violence was Ferrer afraid of.  Asked of there was any physical threat.

Ferrer: "No just slurs" Then called it a "verbal assault."

DDA Rees:
At some point did you three agree to get off the main road so police wouldn't see you." Ferrer said no and denied hearing police sirens that night.

Mr. Rees asked Ferrer that why didn't he tell Sgt. Sligh it was self-defense in that first interview? Ferrer responded, "I didn't want to implicate myself. I didn't have a lawyer. They already had their theory."

DDA Rees: "In 8 days between the incident and arrest, how many times did you talk to Nick?' At this point Mr. Reavis objected to what talk means so Mr. Rees clarified all the ways possible to communicate: facebook, instagram, phone, text, email.

Ferrer: "Two or three times by phone. You have the text messages." Then added, "I didn;t send any smoke signals. Just earlier he had testified that Stoiber was annoyed that Ferrer was contacting him a lot during the trip. Another lie.

DDA Rees: "At any point did Nick indicate he would tell the truth if he was Mirandized?"

Ferrer: "No."

DDA Rees: "Why did you ask the detectives if they had video of stabbing?"

Ferrer: "Because they were accusing me, I wanted proof."

DDA Rees: "How hard did Doug hit you in the head?"

Ferrer: "Not that hard, it's what he said."

Then Mr. Rees brought out a transcript from Ferrer's second interview with Acting Sgt. Ortega. Again using the statements Ferrer testified momets ago, Mr. Rees exposed another discrepancy and lie about the version of events he testified about the altercation.

Again, Mr. Rees asked if anyone expressed any concern about Anderson-Jordet while they were walking away.

"Nobody thought anything fatal happened."

DDA Rees: "You keep using that word, fatal, why?"

Ferrer: "From my knowledge it is not possible for a stab wound to be fatal. It is uncommon."

DDA Roger Rees: "How common is it to die from a single punch?"

DDA Roger Rees: "Going back to that first interview, you described the route you took. Why did you lie?"

Ferrer: "I didn't want to get anyone in trouble."

DDA Rees: "Detectives asked you about self-defense, you said you were not attacked that night."

Ferrer: "I was lying, yes."

DDA Rees: "Do you wish you had told Detective Ortega the truth that night?"

Ferrer; "I don't think it mattered."

DDA Rees: "Are you and Sophie dating today/"

Ferrer: "We are still communicating. I don't expect her to be monogamous."

DDA Rees: "Does she consider you her boyfriend?"

Mr. Reavis objected at this point.

Then DDA Rees brought up that Ferrer testified yesterday that he was trained in dealing with an angry autistic person and asked him why it would be any different than dealing with an angry drunk?

Ferrer responded, "It's different."

 DDA Rees asked to Ferrer to clarify how Anderson Jordet fell on the knife. After Ferrer actied out the scenario again, and showed what occurred, DDA Rees said, "So, he didn't fall on the knife. The knife went into his chest when you pushed him off."

Mr. Rees also got Ferrer to suddenly remember a different reason why he had the knife and where he located it, which was at Stoiber's house. Ferrer said he wished he didn't have the knife that night.

"So that is another thing you wished had been different," said Mr. Rees alluding to the comments Ferrer made about what he wished he had told Detective Ortega and about him wishing he had let Anderson-Jordet walk away.

This is how today' session ended:

DDA Rees: "If you didn't have the knife, how would you have defended yourself."

Ferrer: "Fist fight."

This is important because on direct, Ferrer answered Mr. Reavis saying he could not run because of his weight, that Anderson-Jordet was bigger than him, that he did not have any experience fighting. It will also go to the argument of use of reasonable force.


"I will fucking kill you"; "I will fuck that fat bitch up", Ferrer recalls statements today never brought up before

Juan Ferrer shared a beer and "half of a fifth" of Jim Beam with his friend and girlfriend (and former co-defendants) Nicholas Stoiber and Sophie Rocheleau around 9:30/10 p.m. on November 24, 2013 before they went to the Alibi around 11 p.m. where some "hippy guy" they didn't know but let hang out with them brought them drinks. Ferrer said the guy was just in town for harvest season. The three had a couple of shots and a couple beers, according to Ferrer. The three then left and went to Everett's bar around midnight.They stayed about an hour and drank, Ferrer testified he had a pint of beer.

Ferrer claims he was "buzzed" and Stoiber was more intoxicated; "Sophie a little bit." They left Everett's after "last call was called." Today is the first time, we heard Ferrer recalled seeing the victim Douglas Anderson at Everett's in the smoking section. Ferrer said " he looked at me, I made eye contact and said hi." Later on, he remembered Anderson as "the person we had the altercation with."

"The last thing I remember before anything went down was Nick saying something to Sophie, she ran up and they were talking and I was in the back." On a video obtained from a business on H street, they are walking in a single file, Stoiber in front, Rocheleau in the middle and Ferrer behind her. "Simultaneously, I heard someone scream, 'What do we have here? A couple of faggots and their fat bitch girlfriend."

Ferrer said he thought he was going to be in a transient fight because he had heard such kind of language before in Arcata. "The first thing I see when I look up is Nick and Sophie are not in front of me and then I saw an individual walking past me yelling obscenities."

"I hadn't put together that he was coming over and Nick and Sophie were probably ahead because they were scared." At this point, Mr. Rees asked that it be put on record that the defendant said someone straight ahead but he turned to what was the 2 'o'clock position. Judge John Feeney confirmed that and it was noted on record.

Ferrer continued his testimony that the individual was "to my right on the side and looking at me menacing" and that his hands were in his pocket and he was "staggering but keeping composure pretty good."

"He continues to yell, he didn't exactly say 'I'm talking to you, but the feeling I got he was talking to me. That is when I said, 'Fuck you too, man."

He didn't threaten me until he came towards me. He was just on a tirade of "fucking fags and bums." Ferrer said this individual's gait got slower and he was walking along Ferrer in a way to cut him off near the sidewalk where they were both headed. "He then turns around and comes toward me." He said the individual is now by Vintage Avenger and is yelling threats. "I will fucking kill you" and "I will fuck that fat bitch up." or it may have been "I will shut that fat bitch up."

This is the first time we have heard these threats mentioned. This interaction is also important because when Mr. Rees questioned Ferrer on cross, he gets caught in his own words.

After these threats are yelled, Ferrer said that Anderson was face to face with him and he had no idea where "Nick and Sophie were". "His left hand is out and one hand is in his pocket," said Ferrer. "I pull out my knife." This is a pocket knife he bought from Big 5 and doesn't always carry with him but had used earlier to put patches in his vest. This is another detail he changed during cross.

Mr. Reavis asked Ferrer to show him how he held the knife. Ferrer got up and with his right arm extended out, showed how he was holding the knife. Ferrer then testified, "I say something like, 'Get the fuck away from me, you damn lunatic." Ferrer said Anderson stopped his verbal tirade but "came at me."

"All I was trying to do was scare him away," said Ferrer. "I stood my ground where I was." Ferrer said Anderson had his right hand in his pocket and was "coming at me. At the time I thought he had a weapon. Obviously, he doesn't care about starting a fight with three people. He takes his right hand out and he hits me and he falls over. I had to push him with both hands." Ferrer says he still has his knife in his right hand. He (Anderson) fell on his bottom and shakes his head and does a 360 and gets up and wants to go another round. Nick and Sophie are there. I pull Sophie behind me and tell her, 'let's get out of here'.He (Anderson) says, "That's all you got mother -fucker" and starts a tirade."

Again, we have never heard this threat before in any interview or in the preliminary hearing.

"It didn't dawn on me until we were away that he was cut. I don't remember Nick and Sophie having any contact with him."

Ferrer will later on contradict and say he did not realize that Anderson was hurt or he did not relaize that the cut was fatal. He remembers some details but cannot remember where Nick and Sophie were and even after they have plead guilty to kicking and punching Anderson, he testifies today that he only knows this because "cops told him."

At this point, Mr. Reavis and Ferrer act out the struggle in the middle of court before the jury in a dramatic fashion with it ending where Anderson "falls on the knife."

Ferrer then mentioned yet another detail that has never been mentioned before.  Ferrer testified, "I can't remember exactly but I said something like, That's far enough. Stay back, you fucking lunatic." This is when Anderson allegedly "fell on the knife" or was allegedly stabbed.

Ferrer claims as the three are walking away, Anderson is still yelling. He testified today he could not remember how fast or slow they walked and could not tell the route they took home but he did describe a route to law enforcement in the video we all saw in court just yesterday.

"We stopped and said what the fuck? What was that about? I think I may have stabbed him. I realized this as I was walking with the knife in my hand and I just tossed it." Ferrer said that Stoiber told him, "No you didn't do that?" and Ferrer said he responded, He bum rushed at me." Ferrer tetstified that "it appeared there was no blood on the knife" so he did not think he had hurt Anderson. Ferrer said, "Nick started crying and I just hugged him." He said they were thinking, "What was his (Anderson's) problem? What is his trip?" Sophie was quiet. She is not vocal. All this was in response to a lot of prompting by Mr. Reavis as Ferrer was testifying.

Ferrer said that neither "Nick or Sophie" told him to get rid of the knife, he did it on his own. Today, he said"he walked Sophie home, then went to Nick's house and Nick drove him home." In his first interview with law enforcement (in the video yesterday) he denies this and says he walked home and parted ways with "Nick and Sophie."

Ferrer then said that the three of them had planned to talk about the incident but they were arrested before they got a chance. He also said that the trip he took to San Francisco after the altercation was planned and he "did not flee."

He said that "there was nothing in the media the next day so it threw him off. It made me think nothing bad came from it. If someone dies from something, it would be on the front page." The altercation happened in the late night of November 24/early morning hours of November 25 so Ferrer's next day refers to later in the day on November 25.

"My concern was that he was hurt but not fatally. I was more fearful for revenge so I thought I better stay away from the bars." He said he found out from Lost Coast Outpost there had been a stabbing. He said the information in LOCO was "vague and misleading" and that it only stated name, age and occupation of decedent and he did not think it was the same guy he encountered on H street but he also said he talked with "Sophie at length about having a bad feeling."

When asked about the incriminating text messages shown during Acting Sgt. Ortega's testimony, he said the "no snitching" was because "he did not want to be drawn into anything" and "who would believe me." He said Stoiber had seen a picture of the victim of fatal stabbing and he wanted to see it and would have turned himself in but he got arrested.

Ferrer neglected to point out that it had been 8 days when he was arrested and there had been media coverage of the incident days before the arrest.

Mr. Reavis asked why he made all those denials to law enforcement in his first interview. Ferrer responded, "because cops accused me of stabbing. To this day, I deny that. I was mad. I was arrested without seeing a photo.  I was mad they had Sophie. At that time, I didn't know I was going down for a long time."

Mr. Reavis asked him why he changed his mind about speaking to Acting Sergeant Ortega at St. Joseph's the next day after the first interview. Ferrer repeated what he told Mr. Reavis yesterday, "I didn't like the attitude and remarks from Sgt. Sligh and I wanted to talk to Sgt. Ortega alone and have a better interaction with law enforcement."

Ferrer said prior to his arrest that night when "I found out Sophie and Nick were arrested, I slammed tequila from a bottle Sophie and I were saving" for a special dinner. Ferrer says he does not know how much he drank and this affected his attitude during that first interview.

Mr. Reavis asked Ferrer if he told Acting Sgt. Ortega "everything you testified today?".

Ferrer's response,"I summarized it."

This is the second interview he gave law enforcement. Ferrer said after talking to Acting Sgt. Ortega at the hospital, he felt "awful because I let a lot of people ndown. I didn't do anything to bring this situation to me."

Ferrer said he does not remember two statements a witness testified hearing that night: "I'm still behind you. I'm still following you."

He admitted that after Anderson's body came in contact with his knife, there was no physical threat, just verbal threa with bhis "fist up in the air". Mr. Reavis was surprised at the "first up in the air" and expressed that in court. "Oh, he had his first up in the air?"

You would think if you are charged with murder and been in custody since December 2013, you wouldn't surprise your attorney in court.


"I was lying, yes" admits Ferrer to DDA Roger Rees who decimated Ferrer's credibility on cross following Ferrer's own direct testimony which caught him in a mess

Yesterday, Juan Ferrer took the stand and the testimony was inconsequential. This entire morning he was on the stand. In direct testimony, we spent about 20 minutes with Ferrer's defense attorney Marek Reavis questioning about his social life, what he did normally, transferring patches onto vests but eventually getting into Mr. Reavis trying to fix the damage done to his client by the video the jury watched where Ferrer is first interviewed by Sergeants Chris Ortega and Ron Sligh.

There were several inconsistencies, contradictory statements made by Ferrer when he was questioned on direct. Key words and answers tailored to fit the defense argument and theatrics where a dramatic rendition was done by Ferrer being the victim (that suggestion made by Ferrer was insensitive) and his defense attorney being him and them acting out how the victim "fell on the knife", a claim the defense has made that has not been proven by any eye witness or testimony or evidence.

Direct questioning and Ferrer testifying on his behalf took up most of this morning, two hours. At times, Mr. Reavis' questions were longer than Ferrer's answers.

DDA Roger Rees got to finally question Ferrer during the last hour until court adjourned at noon. He was masterful in decimating Ferrer's credibility and catching him in lie after lie and inconsistency and one point when DDA Rees questioned Ferrer, his response was "I was lying, yes."

Mr. Rees' questioning of Ferrer will continue tomorrow morning at 8:30. Ferrer was cautioned twice by Judge Feeney to wait and not answer until he ruled on an objection.  Ferrer got very defensive and snapped at Mr. Rees twice after being caught in his own lies and contradictory statements. Mr. Reavis, who took a lot of leeway regarding hearsay when Ferrer was testifying on direct, objected when Mr. Rees tried to do the same.

It was not a good day for the defense. After the last two days, it is really hard to believe Ferrer's version of what happened or to trust what he is saying. His testimony sounds coached. No defendant uses words such as "great bodily injury" and "stand your ground" while testifying about a supposed traumatic encounter. Especially, when the words match the defense theory.

Ferrer's testimony is very crucial and so far, it has helped the prosecution case.

I have 16 pages of detailed testimony to type from this morning which I am posting and updating as soon as I can.




Apr 27, 2015

Once again, Public Defender Heidi Holmquist scores two wins for clients today making all the difference in their lives

First. Ms. Heidi Holmquist was successful in getting probation terminated for a client who got a "good job" from Judge Feeney. Success stories rarely get reported. Ms. Holmquist stated in court that the gentleman walking out today was someone probation deemed as unsuccessful and did not even want on probation.

The second case involves Joe Alvarez. Please check the link below for Joe's story. Two weeks, Joe would have been able to move on with his life. But an offer to resolve case when it was previously scheduled for a preliminary hearing on March 17 was withdrawn and the District Attorney decided to arraign him today on information for a jury trial. Alvarez had waived his right to a preliminary hearing that day before Judge Cissna thinking he had time to consider an offer.

Today he was back in front of Judge John Feeney, the courtroom where his case has been heard all along. Ms. Holmquist told the court that "the People had withdrawn the offer they had made" for probation in Joe's felony case. He also has a misdemeanor. These are old cases from 2013.

DDA Roger Rees was not in court on March 17, two of his colleagues were but he was representing the People today. There was lively debate between Ms. Holmquist and Mr. Rees about whose offer it was and whether it was only good for that day or until today. The transcript was not clear, said Mr. Rees. Ms. Holmquist argued that had she known that the offer was only good for that day, she would have told her client to accept it and he would not be facing detriment. After Ms. Holmquist very passionately advocated for her client, Judge Feeney read from the transcript and he made the tentative decision to accept a conditional plea from Joe. After the pre-sentencing report, he can change his mind about probation and sentence Joe to prison instead.

Joe plead guilty to 1 Count of manufacturing concentrated cannabis and vehicle theft in the second case. The difference between prison and probation for Joe is the difference between successfully completing schooling, maintaining a job, and being a productive member of society versus being thrown back in the system.


Previous post:

johnchiv.blogspot.com/2015/03/two-men-shed-light-on-lost-humboldt.htmlTwo men shed light on the lost Humboldt generation; the back story beyond crime headlines; they thank their Public Defender for a glimmer of hope
Joe

Despite taking the stand, Ferrer's brief testimony today paled in comparison to People's last two witnesses

Correctional Deputy Scott Harris took Juan Ferrer to the ER at St. Joseph's hospital for medical issues. Ferrer asked to speak to Acting Sgt. Chris Ortega. Deputy Harris explained that there are procedures and when he returns to jail he can fill out a  form. Deputy Harris was going to call Acting Sgt. Ortega to inform him of Ferrer's request.

Before Deputy Harris could make that call, he testified Ferrer made "spontaneous statements" about what happened and that once Ferrer was finished, he went and got his notepad and wrote down notes.

According to Deputy Harris, Ferrer said he was "walking down the street and a guy came up behind him and made statements about his girlfriend and called her a fat bitch, I told him to fuck off and he came back at me. I stuck him to get past him." Deputy Harris said that Ferrer made an outward motion " with his left hand because his right hand was shackled to the bed."

"I'm a vegetarian, not a killer," said Ferrer. "I was scared." DDA Roger Rees asked Deputy Harris if Ferrer ever said he was in fear of his life, of great bodily injury or that he was afraid for his companions. To all questions, Deputy Harris replied with "No."

On cross, Deputy Harris told defense attorney Marek Reavis that he thought Deputy Cox was with him at the hospital that day but it could have been Deputy Lane.

DA Investigator Jack Bernstein verified and then the jury heard a jail call between Ferrer and his brother.

Ferrer is heard saying," I didn't lie. I will state on that stand, I didn';t lie about anything. That first interview I didn't say anything about theb accusations. I denied until the next day." I could not make the part out clearly, something about "after talking with my attorney."

When he took the stand, Ferrer made contradictory statements. He said he was nervous but his demeanor was the same as when he greeted potential jurors during questioning. He said he had clear memory of the incidents then said he was sedated and drowsy and remembers making some statements to Harris, but not others.  He claims his free hand was attached to medical devices and he did not make the statement,"I stuck him to get past him."

Regarding the first interview, he said he was confused and thought he was maintaining his Miranda rights. "I guess I did not use my right to be silent well."

"My grandma is fucking crazy, she has dementia"; "My girlfriend is autistic, she has Asperger's"; Ferrer throws loved ones under the bus

This is continuing with Ferrer's first interview with law enforcement. As they confront him with statements by his own grandmother and then statements from his girlfriend and friend who were with him that night, Ferrer throws his own loved ones under the bus.

The defense has accused the victim of hurling insults but so far, it is the defendant calling Sgt. Sligh "a flat top" and demeaning his own grandmother and girlfrined that has been offensive. Ferrer's girlfriend's autism was brought up by defense attorney Marek Reavis in opening.

The sergeants tell him that his grandmother told them that Ferrer told her that he got into "a fight with a skinhead."

"It doesn't matter dude, I'm going down, I didn't do shit man," says Ferrer. "My grandma is fucking crazy. She has dementia."

The sergeants ask him, "Are Sophie and Nick liars?" "Ferrer turns to Sgt. Sligh,"I'm not even talking to you flat top."

"My girlfriend is autistic, she has Asperger's," says Ferrer.

"Nick and Sophie care about you? Do you care about them?" they ask Ferrer. Acting Sgt. Ortega says, "Nick said maybe he called you and Nick fags and you got into it."

Ferrer: "Are you saying because someone called my girlfriend a fat bitch, he deserves to die? Stabiing someone, no we were just walking by, that's all I did."

Ferrer denies what Nicholas Stoiber said about Ferrer having a drink with him before he went home. Says he went home and parted ways with Nick and Sophie.

Sergeants ask what should happen to the person that stabbed Douglas Anderson. "Nobody should die for hurling an insult, maybe bitch slapped or something."

Acting Sgt. Ortega: "Give me a reason why Sophie and Nick would say you stabbed him?

"I don't know," responds Ferrer.

Acting Sgt. Ortega asks Ferrer why Sophie and Nick would implicate themselves in an incident.

Ferrer: "Maybe they did it?"

Acting Sgt. Ortega,"You are insulting the intelligence of people who will make a decision in this case with overwhelming evidence against you and your only defense is, "I didn't do it'."

Acting Sgt. Ortega tells Ferrer, "How can I appeal to you to tell the truth?"

Ferrer says he loves Sophie and Acting Sgt. Ortega responds with, "7 years you were with this woman and you are going to make her take the ride for something you did?"

Sgt. Sligh says,"You say you love this woman, all I hear you say is that you care about yourself."

The sergeants tell Ferrer that today is the day of Douglas Anderson's memorial service. Acting Sgt. Ortega repeats what he said several times in the interview. "You are a good person. You didn't intend to kill hi. Sophie, Nick, your grandma, Sophie's parents are suffering because of a stupid decision you made. Makes me feel bad for Sophie and Nick. I thought you would come in and do the right thing."

Ferrer just continues his denials. The seargeants leave and he sits alone, sipping water from a bottel. They came in a few minutes later and tell him he is under arrest for murder and conspiracy.

"When this is presented to 12 people who have to make a decision about you, don't you want them to see your side?"; "You are insulting the intelligence of people who will make the decision..."

Today's testimony in the Juan Ferrer case started with an hour long video, which was the first interview Ferrer had with APD Sgts. Chris Ortega and Ron Sligh after his arrest.

The People recalled APD Acting Sgt. Chris Ortega to the stand. The People's next witness was Correctional Deputy Scott Harris who testified to "spontaneous statements" made by Ferrer at St. Joseph's hospital where he gave a different version of his initial remarks to APD. DA investigator Jack Bernstein, the last witness from the People, briefly testified on the stand about a jail conversation between Ferrer and his brother which was about Ferrer's first interview with law enforcement.

At 11:39 today, the People, rested their case and Juan Ferrer took the stand. He denied some of Deputy Scott Harris' testimony on the stand and the explaination he gave for requesting to talk to Acting Sgt. Ortega at the hospital and changing his initial remarks was that he felt more comfortable with Ortega than he did with APD Sgt. Sligh who was present at the first interview.

The People called 9 witnesses out of 46 potential witnesses.

The video in which Sgts Ortega and Sligh talk to started out with them telling Ferrer, "We talked to Sophie, we talked to Nick, we talked to grandma, we have cell phone records, search warrants."

They tell Ferrer, "we are investigating a stabbing" and say they want to give him an opportunity to tell them his version of what happened. They read him his Miranda rights. With longer hair, sipping from a water bottle, Ferrer listened to the Sgts Ortega and Sligh. Denied any involvement and said he had no idea what they were talking about.

The denial and saying he had no idea will occur at least half a dozen times over the course of that interview. I am not posting the entire interview but highlights of the interview in which law enforcement tries to get Ferrer to tell them his version. Despite evidence and statements, Ferrer is unfazed and categorically gives denials.

"If you tell us, you did it" and again ask him for his version. He denies any involvement. They tell him they have evidence and a witness.

"The guy was yelling stuff he shouldn't have been yelling," responds Ferrer. "

Sgt. Ortega: "From what you are telling us, things got out of control." They show him still photos of the video where Sophie, Nick and he are walking on H street and Douglas Anderson is on the other side.

They tell Ferrer that his friends, Nick and Sophie are booked in Humboldt County Jal for murder and that "we got two people saying yeah we kicked and punched him but they didn't realize you had a knife."

They specifically ask him "if it was a self-defense action."

"I don't know what you are talking about," says Ferrer. When they mention his two friends again and that they will be held responsible for something he did, Ferrer responds, "That's unfortunate."

They remind him of all the evidence they have and again ask for his side of the altercation. "I did nothing," says Ferrer. The sergeants tell him what stand your ground is and his right to defend himself, Ferrer responds, "Yeah I know I do; but I wasn't attacked."

Acting Sgt. Ortega, "When this is presented to 12 people, who have to make a decision about you,"
he continues, by asking Ferrer "Doesn't he want them to see his side? You are insulting the intelligence of people who will make a decision in this case with overwhelming evidence against you."

Ferrer asks them if they have a video of the stabbing and says, "I'm under arrest because you need to pin this on someone."


Stealing your ankle monitor from probation does not end well as a defendant found out today

A defendant I have been seeing for months in Courtroom 1 whose case kept being put on calendar was finally resolved today. It is not a case I have been following but today, when he finally accepted the People's offer to resolve his case. I found out that he was pleading guilty to Count 1 for embezzlment.

And who did he steal from? Humboldt County Probation! He had an ankle monitor that he did not return and "used for his own gain." He also had two pending misdemeanor cases and two probation cases.

He was waiting for his preliminary hearing and then decided the smarter choice would be to accept the offer.


Rose Cooper of busted for possession of China White denied supervised bail and once again, denied release on OR

Guess, Rose Cooper's fiance and her parents read my last blog post. A young man with an older woman resembling Cooper were in court today and Cooper was very happy to see them. Her attorney, Mr. Kaleb Cockrum stood by her in court and requested that she be released on her own recognizance and told Judge Feeney, "that the Court not follow probation's recommendations" and that Cooper was "on probation for non-violent drug offenses. He told Judge Feeney that Cooper's fiance would be responsible for making sure she had transportation to court.

DDA Roger Rees stated that "for reasons given in the report and the number of failures to appear", the People oppose Cooper's release. In the previous post, Mr. Rees had already outlined Cooper's many prior convictions, her criminal history, her failures to appear.

Judge Feeney said that the dates set at the last court hearing remain and denied Cooper supervised release and OR, primarily due to her failure to appear.


Previous post:

http://johnchiv.blogspot.com/2015/04/rose-cooper-who-was-busted-for-china.html

"Client is not overjoyed but he understands", Redway murder suspect jury trial rescheduled for July 27

The media seems to have forgotten Redway suspect murder Jason Armstrong's case. I was the only one in Courtroom 1 this afternoon for trial confirmation.

Mr. Kevin Robinson appeared for Armstrong today. Previously, Ms. Heidi Holmquist from the same office had been representing him.

"Last week, the defense team met, our case will be ready for trial by end of June." Both Mr. Robinson DDA Roger Rees who was representing the People in Court today said that while the People did not object to the continuance, that ADA Kelly Neel who is prosecuting the case had requested the trial be set in late July.

Today, the defense made an oral motion to continue the jury trial which the People did not object to and Judge Feeney granted the motion. The May 11 jury trial date has been vacated.

New jury trial date is July 27 at 8:30 a.m. Trial Confirmation is July 13 at 2 p.m.


Previous post link:

http://johnchiv.blogspot.com/2015/03/redway-murder-suspect-jason-armstrongs.html

People rest in Ferrer case; first defense witness today is the defendant

Today, the People recalled APD Acting Sgt. Chris Ortega and played a video recording of Ferrer's first interview in which he denied all involvement. The People's next witness was a correctional deputy, Scott Harris, who testified to "spontaneous statements" made by Ferrer at St. Joseph's hospital where he gave a different version of his initial remarks to APD. DA Investigator Jack Bernstein, the People's last witness briefly testified on the stand about a jail conversation between Ferrer and his brother which was about Ferrer's first interview with law enforcement.

At 11:39 today, the People, rested their case and Juan Ferrer took the stand. He denied some of Deputy Scott Harris' testimony on the stand and the explaination he gave for requesting to talk to Acting Sgt. Ortega at the hospital and changing his initial remarks was that he felt more comfortable with Ortega than he did with APD Sgt. Sligh who was present at the first interview.

Please read other posts above for details from today.