May 9, 2015

Recalled to the stand, Ferrer blows it by saying, "I can't recall every nook and cranny of the night" and getting testy and calling DDA's question stupid

Friday, the defense played the second interview that Juan Ferrer had with Detective Chris Ortega at St. Joseph's hospital where he said, he wanted to apologize and state his side of the story. Then he was questioned by his defense attorney Mr. Marek Reavis and instead of taking the opportunity to build on a couple of reedeming statements he made, he blew it by a bitter hostile attitude, claiming Sophie Rocheleau and Nicholas Stoiber were more drunk then he was, that his explaination for lying to law enforcement was that he was repeating what the "cops" told him, this was specifically in reference to the route he took home and not recalling  certain details about "Sophie and Nick"that night.

There were inconsistencies from what he said in this second interview and what he said on the stand, not once but more than a couple of times. As I listened to the interview, I will list those inconsistencies. Then on cross, he got testy with DDA Roger Rees, giving the same attitude and responses that he did the first time he was confronted with his lies and inconsistencies. Again, he snapped at Mr. Rees,  "I think that's a stupid question for you even to ask."

When Mr. Rees asked him about his interview and the dialogue he had with Detective Ortega, Ferrer said sarcastically, "We (Ortega and Ferrer ) had a better conversation than we're (Mr. Rees and
Ferrer)  having."

On the audio tape that was played, Ferrer tells Detective Ortega, "I told him to fuck off, he stopped in his tracks, he started charging at me. He was bigger than me, I was scared."

When Detective Ortega asked Ferrer why he was acting out the night before in his initial interview, "I was just afraid my life would be thrown away."

In this hospital interview, which is in December 2013, he says they left the Alibi before they ran into Anderson but on the stand he said Everett's, even after being asked if it was the Alibi. In court, he kept referring to the second interview and wanting it to be played so it isn't like he did not know what he said.

"I got scared, I pulled it out, I stuck it out, I thought he stopped, he just ran into me," Ferrer said during the hospital interview. He then describes to Detective Ortega how he held it yet in court when Detective Ortega said he stuck his hand out, Ferrer says, "I held it out like this" yet later in court  Ferrer later denied this on the stand. Again, his own words catch him in a lie.

"The way he was talking," Ferrer referring to Anderson in the hospital interview and then calling Anderson a Nazi based on a black trenchcoat that Anderson was wearing. This from the man who claims homophobic statements were made about him.

Detective Ortega tells Ferrer in the hospital interview, "Sophie and Nick told me he did not have a weapon."

Ferrer responds, "No." Yet on the stand, he claimed Anderson had his hand in his pocket and Ferrer said he thought Anderson had a weapon.

In his hospital interview Ferrer says Anderson was "running at me". In his court testimony, he says Anderson turned around and walked towards him. This contradicts the testimony Sophie Rocheleau, who was with Ferrer that night gave because she said they mutually approached each other.

Detective Ortega: "So you are telling him to fuck off triggered him to come across the street". Ferrer never mentioned this except in the hospital interview.

Ferrer: "Yeah."

In the hospital interview, Ferrer tells Detective Ortega that Anderson is unarmed and that him yelled at Anderson triggered the physical altercation. On the stand, it's a different story.

Ferrer: "It's ridiculous, it went from bad to ugly in five seconds."

Detective Ortega: "Why did you fight? You got Nick. You got Sophie, you got your girl jumping in"

Ferrer: "Out of fear, he was aggressive."

Detective Ortega: "From what I gather at no point this guy is winning the fight so why fight with three of you?"

Ferrer: "None of us wanted it to happen. None of us wanted him to get stabbed. "

Detective Ortega: "What was your intention, Joey?"

Ferrer: "To scare him."

In this hospital interview, he mentions taking a Vicodin before he drank and went out drinking that night. He admits to tossing the knife but cannot give details where.

Detective Ortega: "Did you think if you had it on you; you'd get in trouble?"

Ferrer: "Yeah."

Detective Ortega asked Ferrer why he did not call an ambulance, His response was mumbled and hard t understand. The entire hospital interview was conducted with a loud beeping noise form the machine Ferrer was hooked up to in the hospital. Then Detective Ortega says, "But you stabbed him in the stomach."

Detective Ortega: "I'm sorry for you, sorry for your family, sorry for your friends but most of all I am sorry that guy is dead."

Ferrer: "I'm going to have to live with that the rest of my life, no matter what happens. I feel badly for his family, there is nothing I can say""

Ferrer: "None of us have a record for violent offenses. I have been in jail before once for petty theft." No one would have never known about this if the second interview was not played and it was by the defense, not the prosecution.

Ferrer: "Because of my bad judgement, I throw everything away, I am not a murderer"

Then when Mr. Reavis questioned him briefly before DDA Rees cross examined him and brought up the inconsistencies, Ferrer blew it. He claimed "Sophie and Nick" were more drunk than him, even after Detective Ortega testified Sophie Rocheleau was the least drunk of the three. Through testimony, Ferrer had the most to drink.

In a bitter response to the inconsistencies in a question to his own attorney Ferrer said, "I cannot recall every nook and cranny of that night."

But, he can recall the details that paint the victim in a bad light and support his defense.

"Do you think anyone deserves to die for calling someone a faggot?; "Do you think someone should die for calling someone a fat bitch?" Response from Ferrer's friend is telling

Tonya Netjes was one of three defense witnesses to testify on Thursday in the Juan Ferrer case. Ms. Netjes attended some court hearings during jury selection and evidence hearings.

Ms. Netjes said she met Juan Ferrer in December 2012 and worked with him at a Arcta "residential facility for individuals with developmental facilities." They became friends. She met his family and has been dating Ferrer's sister for three and half years. While same sex marriage is not yet legal, said Ms. Netjes, she considers Ferrer a brother-in-law.

Ms. Netjes testified that Ferrer could calm clients with "disruptive behavior", she gave an example where he diffused "a situation" with a physically aggressive client.

In response to a question, she said she had talked to Ferrer about trial dates but didn't discuss "much with him" about the case.

On cross, DDA Roger Rees asked Ms.Netjes, "You think he is a peaceful but didn't want to discuss stabbing? He also asked her, "If you are family, you would not snitch on him?"

When he tried to ask Ms. Netjes, "Did you tell anyone you were fired from your job? Ms.Netjes got peevish; did not want to answer. Then DDA Rees asked her if she said this was to a receptionist on the fourth floor of the courthouse. "That was due to a personal matter." She did not want to answer. Mr. Reavis objected. The attorneys approached the Judge.

When they came back, Mr. Rees asked her, "You think the defendant is a good guy?"

Ms. Netjes responded, "Yes."

Mr. Rees: "Do you think some good guys do bad things?"

Netjes: "It's possible."

Mr. Rees: "If you found out that the defendant stabbed Doug, would it change your opinion of the defendant?"

Netjes: "No."

Mr. Rees: "Do you think anyone deserves to die for calling someone a faggot?

Netjes: "No."

Mr. Rees:  "Do you think someone should die for calling someone a fat bitch?"

Netjes: "I don't believe it is up to me to decide."

Mr. Rees then asked a series of questions asking if a peaceful person would walk away from confrontation, would a compassionate person call for help if someone was hurt. Ms. Netjes response to one of those questions was, "I guess if someone had a chance to walk away."

Mr. Rees asked her, "Is the defendant someone who would yell profanities."

Ms. Netjes responded, "I knew him mostly from work."

Mr Rees, "Aren't you dating his sister?"

When Mr. Rees pointed actual testimony and how Ferrer's character as peaceful was inconistent with his behavior, Ms. Netjes responded, "I think anyone who has homophobic or fatphobic comments hurled at them has the right to defend themselves by any means."

Mr. Rees: "Were did you get that understanding?"

Netjes: "I attended court hearings and preliminary hearings and those points were brought up."

Mr. Rees: "Other than knowing the defendant as a peaceful person, you have no idea what happened that night."

A point Ms. Netjes had to acquiesce to.

The next witness was Amelia Pepper-Day. She also worked with Ferrer and became friends. She described him as compassionate and positive and honest. Mr. Rees asked some similar questions to Ms. Netjes such as If it is in character to help people," why he didn't call for help for Anderson that night to which Pepper-Day responded with ,"It would depend on the circumstance." Then when he asked her about the defendant's honesty and that he lied to law enforcement, her response was everyone lies.

The last friend to testify was Michael Van De Walker who was a childhood friend and had not seen Ferrer face to face in 16 years and communicated mostly through facebook, email. He said, 'It was very clear Joey was a pacifist."Similar questions to other friends and this witness got snappy when confronted with questions that did not fit his description of Ferrer.


"If he wasn't sure he stabbed him or know extent of the injury, why get rid of the knife?"

Thursday as DDA Rees cross examined Sophie Rocheleau, she admitted that she, Nicholas Stoiber and Juan Ferrer ran off because they did not want to get "arrested for assaulting Doug and being drunk in public."

I find it ironic that she referred to the victim as "Doug". She only used Doug in this one instance, usually she says, "the guy" or "the person" but Mr. Rees use of Doug has humanized his loss beyond his family.

Mr. Rees: "Later that week, when you were in San Francisco, was your weekend ruined?"

Rocheleau: "Yeah, Joey was worried about the person being hurt."

Mr. Rees: "Did he ever say he felt bad that the guy was hurt or about stabbing him that night?"

Rocheleau: "No."

Then she added that she didn't have any specific recollection of Ferrer saying he accidentally stabbed Anderson. This contradicts her own testimony in court where she said "Joey" told her and "Nick" that he may have stabbed Anderson.

Mr. Rees asked her that initially she terminated her interview with the police and then changed her mind about "getting her side of the story out" and he asked her what changed her mind.

Mr. Rees: "Did you have a plan you would deny involvement?"

Rocheleau: "No."

Mr Rees: "Did the prospect of getting arrested cross your mind?"

" Mr. Rees asked her "Do you recall telling former DA Paul Gallegos and DA Investigator  about why they ran away? "Do you recall saying that we got off Alliance so not to be seen by police?"

Rocheleau: "No, not for that," she continued by saying that she did not think that Anderson would end up being dead.

She repeated what Ferrer and she have stated earlier that while she saw newspaper articles and media coverage that she did not associate it the death with Mr. Anderson. She said she did discuss it with "Joey.

Then Mr. Rees asked her about what her thoughts were, "When Joey said, I think I may have stabbed him? Rocheleau response was about the same as she had responded before to this question they weren't sure he was hurt or seriously hurt. She reiterated that Ferrer said, "I think I need to get rid of this knife."

Mr. Rees: "If he wasn't sure he stabbed him or know the extent of the injury, why get rid of the knife?"

Mr. Reavis objected so she was not allowed to answer.

Mr. Rees: "At no point after the stabbing incident, did the defendant tell you it was an accident?"

Rocheleau: "He probably did, I was upset and didn't want to talk about it."

Mr. Rees: "This is an important event in your life and you have no recollection of specific words?"

Rocheleau: "Not in so many words, I guess?"

On a very brief re-direct, Mr. Reavis asked Rocheleau, "Could you have done anything differently that night?"

Rocheleau responded, "Other than not be there, no."

Then Mr. Rees got up for re- cross examination and said, "You could have turned and walked down 11th and H. The defendant could have not said, 'Fuck you too', the defendant could have not pulled out his knife. Instead of all that you saw the defendant throw a punch at Doug."

Mr. Rees then restated her testimony where she said she saw Ferrer punch Anderson. Rocheleau tried to talk her way out of it. Mr. Rees then asked her that to this day, she thinks this was an accident, that the defendant did not mean to kill "Doug."

She answered in the affirmative.

Mr. Rees: "You don't think the defendant's arm accidentally came into contact with Doug?"

Rocheleau: "I mean, no."








Defense case in Arcata chef stabbing continues to sink like the Titanic as DDA Roger Rees cross of Ferrer and friends further bolsters prosecution theory

Thursday, DDA Roger Rees cross examined Sophie Rocheleau, then three defense witnesses, two were Ferrer's co-workers and friends and one a childhood friend who had seen him face to face in 16 years. As DDA Roger Rees pointed out they were not there that night. Their characterization of Ferrer directly contradicts his behavior in court. Two of his co-workers testified how he could calm people down, how he was compassionate and how he could deal with difficult people. All this contradicts his behavior on the night of the incident where he had an altercation with Douglas Anderson. As DDA Rees pointed out, he was with three people, he could have walked away, instead he yelled "Fuck you too, man" which caused the altercation to continue.

Until Ferrer yelled back at Anderson, they weren't in a physical altercation because Anderson wasn't approaching Ferrer. According to Rocheleau, Ferrer and Anderson both mutually approached each other which led to the physical altercation.

There was only yelling. There would have been no need for any physical altercation, there would have been no stabbing had Ferrer not escalated the situation. There may have been no death had the three called police or medics for help.

APD evidence tech Leah Christian testified briefly Thursday and Friday, Deputy Coroner Roy Horton testified briefly Friday. Their testimony did nothing to help the defense prove their theory or point to Ferrer's innocence.

Mr. Marek Reavis played the second interview Juan Ferrer did with Detective Ortega on Friday, there were a few responses which could have been helpful to Ferrer but when he got on the stand, his demeanor with his own attorney and then later with Mr. Rees completely undid any redeeming effort by Mr. Reavis.

Every time Ferrer takes the stand, he shows how he is not at all remorseful of his actions, he continues to demonstrate that when push comes to shove, he would throw his former girlfriend and friend under the bus. Mr. Reavis has done everything he can to provide Ferrer the best defense he can but it is Juan Ferrer who is the biggest obstacle in his own defense. He continues to get caught in inconsistencies, lies over and over again. His credibility is shot. All the character witnesses cannot undo the hole Ferrer continues to dig. He refuses to accept any responsibility for his actions.

Ferrer's family and friends and his attorney are stuck defending someone who spun so many lies and stories. On Friday, Ferrer's own words were "bad judgment" and he has indicated often that he made choices and mistakes, he wishes he could have handled differently.

He still has a choice, to tell the truth on the stand, to take responsibility.

 I feel for Douglas Anderson's family, some who sit in the courtroom watching painful testimony and watching Ferrer and his friends blame Anderson. No one can give Douglas Anderson his life back, Ferrer can still visit and talk to his family and friends, regardless of the outcome of this case.

When this case started, there were two theories. As the case has progressed, prosecution has presented evidence that is corroborated by testimony. Other media and people in the courtroom watching the case may not put their feelings out there like I do, for various reasons, but I am not the only one with the opinion that as of now, the defense case is like the Titanic.

May 8, 2015

Humboldt's first female alleged with abuse of underage victim without a lawyer days before preliminary hearing

Kayla Brown, former Miss Hoopa, was scheduled to have a preliminary hearing May 12. Her attorney Jeffrey Schwartz filed a conflict of interest which was set on calendar today. Judge Joyce Hinrichs was handling Courtroom 1 cases for Judge John Feeney today.

Mr. Schwartz was not in court today. Mr. Bjorn Zep specially appeared for Brown today. DDA Brie Bennett is prosecuting this case. The preliminary for May 12 has been vacated, future dates will be set after the next court hearing when it is determined if Brown has a lawyer.

http://johnchiv.blogspot.com/2015/04/taken-into-custody-yesterday-alleged.html?m=1

http://johnchiv.blogspot.com/2015/03/humboldts-first-alleged-female-abuser.html?m=1

"Looks like we will be going round 3 in the Littlefied case", will the third time be justice for Timothy Littlefield

If you are not familiar with the Timothy Littlefield case, you may want to click on the links below. For those following the saga, the above quote is from Littlefield's attorney Russ Clanton.

He said he looked at the apellate brief. His remarks were directed to DDA Brie Bennett who is one of the DDAs now prosecuting CAST cases. This was openly said while we were in the hallway this morning waiting for the Kailan Meserve case.

http://johnchiv.blogspot.com/2014/05/the-timothy-littlefield-story.html
http://johnchiv.blogspot.com/2014/05/timothy-littlefield-posted-bail-and-is.html
http://johnchiv.blogspot.com/2014/06/timothy-littlefield-deal-in-works.html
http://johnchiv.blogspot.com/2014/12/attorney-general-files-opening-brief-in.html
http://johnchiv.blogspot.com/2014/10/timothy-littlefield-case-keep-getting.html
johnchiv.blogspot.com/2014/05/unconfirmed-as-of-now-buttimothy.html?m=1
http://johnchiv.blogspot.com/2014/11/attorney-general-to-default-on.html
http://johnchiv.blogspot.com/2014/07/littlefield-retrial-set-for-oct-20.html

Judson Stiglich does not "resolve", jury trial set for August 10

A disposition and reser hearing was scheduled this afternoon today for Judson Stiglich charged with shooting Ryan Robinson.

The case is being prosecuted by DDA Stacey Eads. Mr. Russ Clanton is representing Stiglich.

"Ultimately, this case is not going to resolve," Mr. Clanton said to Judge Marilyn Miles. "We ask this case be set for trial."

Family and friends suppoeting Stiglich and Robinson attended the hearing.

Jury trial is set for August 10 at 8:30. Trial Assignment for August 7 at 8:30, Trial Readiness on August 5 at 1 p.m. and Trial Confirmation is on July 16 at 2 p.m.

Previous posts:

http://johnchiv.blogspot.com/2015/04/this-is-offer-made-by-people-in-judson.html?m=1
http://johnchiv.blogspot.com/2015/04/people-make-offer-in-judson-stiglich.html?m=1

Judge Miles grants DA's PC 1275.1 motion in Kailan Meserve case, Russ Clanton joins as co counsel for Meserve

A PC 1275.1 hearing was scheduled this morning for Kailan Meserve, son of former City council member Dave Meserve in Courtroom 2. Judge Marilyn Miles denied bail reduction at the last court hearing.

Meserve is being represented by San Francisco attorney Randolph Darr. DDA Brie Bennett is prosecuting the case.

The DA's office filed the motion for bail to be paid and for it to meet the conditions of PC 1275.1.

Judge Miles granted the DA's motion.

I was able to attend the court hearing only briefly to hear that Mr. Russ Clanton appeared "generally" today for Meserve but ge told Judge Miles he will be co counsel.

Before hearing proceeded Judge Miles asked Mr. Clanton if he wanted to exercise the right under PC 1275.1f to have a closed courtroom hearing. He did.

I looked up the outcome on the computer after the hearing.

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




May 7, 2015

Shocking! Rose Cooper who was busted for China White and made it out of custody did not return to court; warrant issued

Rose Cooper who was busted for meth and heroin did not make it to court. She has many previous failures to appear. Mr. Kaleb Cockrum, who represents her told Judge John Feeney that she did not contact him. DDA Trent Timm was in court for the People.

Her bail bonds were forfeited, warrant was issued for her arrest and bail at $10,000 for each of her two cases was set. Probation was revoked in her old case.


Previous posts:

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

Will the death penalty be sought in the Gary Lee Bullock case? Will he go to trial or will the defense pull another twist close to October 13?

Even if the jury trial started this October, it means motions in limine and jury selection would start that date. Assuming there were no more delays or changes in this case, jury selection could take a while and the actual trial could start right before the Christmas holidays or even in the New Year 2016.

Many questions remain.

Bullock jury trial set for October 13

A 3 p.m special set time for status of reports and trial setting was scheduled this afternoon in the Gary Lee Bullock case.

The trial judge is Judge John Feeney who has been overseeing the case all along. The case is being prosecuted by DDA Andrew Isaac. Bullock is being represented by Conflict Counsel's Kaleb Cockrum.

This afternoon, Judge Feeney was calling a double calendar with Courtroom 4 cases.

He met with DDA Isaac, DDA Stacey Eads and Mr. Cockrum privately in chambers.

Then the courtroom was opened and Judge Feeney said, "I believe we are in a position to set a trial date."

He said that in Chambers, "Counsel had discussed October 12 but since that is a court holiday, that the jury trial would be set for October 13 at 8:30 a.m."

Pre-trial is September 2 at 2 p.m. and Trial Confirmation is September 30 at 2 p.m.

No other media was present today.



Arrested Tuesday, arraigned today, bail for both $30,000

They were both arraigned an hour ago in Courtroom 1.

On Tuesday, May 5, 2015, Agents from the Humboldt County Drug Task Force, assisted by the Arcata Police Department and drug detecting K-9 Louie from the Humboldt County Sheriff’s Office, served a search warrant on the 1000 block of 7th Street in Arcata.

Inside the residence Agents located heroin, methamphetamine, prescription pills, scales, packaging materials, and other items used in the retail packaging and sales of heroin.  The residence had a video system allowing the occupants to observe people at the front door.

Jonathan Scott David, age 40, was arrested for 11350(a) H&S, possession of a narcotic (heroin); 11351 H&S, possession of a narcotic for sale (heroin); 11366.5(a) H&S, maintaining a residence for distributing a controlled substance; 11377(a), possession of a controlled substance (methamphetamine); and 16920 PC, possession of metal knuckles.  Jeremy Todd Butler, age 39, was arrested for11350(a) H&S, possession of a narcotic (heroin); 11351 H&S, possession of a narcotic for sale (heroin); and 11366.5(a) H&S, maintaining a residence for distributing a controlled substance.

Rodney Ortiz held to answer on all charges, only one charge of attempted murder for Vincent Ortiz

Rodney Ortiz was held to answer on all charges, one attempted murder and two attempted murder counts after the preliminary hearing.

Vincent Ortiz was not held to answer on the murder count of Daniel Colegrove. He was only held to answer for one of the attempted murder counts, that for Roger Surber.

Arraignment on information for jury trial is on May 26 at 2 p.m. in Courtroom 2.

Meth, heroin and metal knuckles in Humboldt County Drug Task Force bust

On Tuesday, May 5, 2015, Agents from the Humboldt County Drug Task Force, assisted by the Arcata Police Department and drug detecting K-9 Louie from the Humboldt County Sheriff’s Office, served a search warrant on the 1000 block of 7th Street in Arcata.

Inside the residence Agents located heroin, methamphetamine, prescription pills, scales, packaging materials, and other items used in the retail packaging and sales of heroin.  The residence had a video system allowing the occupants to observe people at the front door.

Jonathan Scott David, age 40, was arrested for 11350(a) H&S, possession of a narcotic (heroin); 11351 H&S, possession of a narcotic for sale (heroin); 11366.5(a) H&S, maintaining a residence for distributing a controlled substance; 11377(a), possession of a controlled substance (methamphetamine); and 16920 PC, possession of metal knuckles.  Jeremy Todd Butler, age 39, was arrested for11350(a) H&S, possession of a narcotic (heroin); 11351 H&S, possession of a narcotic for sale (heroin); and 11366.5(a) H&S, maintaining a residence for distributing a controlled substance.

Humboldt County Measure Z finalizes recommendations

The Humboldt County Board of Supervisors will soon be presented with a recommendation on projects to be funded by Measure Z, the county-wide half-cent sales tax passed by voters in November. The Citizens’ Advisory Committee on Measure Z Expenditures this week held its seventh meeting in which it took public input and evaluated proposals that sought a share of these funds. The committee has finalized its recommendations and will present them to the board on June 2.
The committee is recommending roughly $8.9 million in funding for FY 2015-16, including $3.5 million for the Sheriff’s Office to hire 30 positions, and more than $2.6 million to the Humboldt County Fire Chief’s Association for fire equipment. Some other projects being recommended for funding include more than $1.5 million to the District Attorney to hire 11 positions; over $600,000 to the Probation Department to hire six positions; and $400,000 to the Eureka Police Department for positions and services.
A total of 46 applications were submitted for funding. The committee sorted these applications in to three categories: “must have,” “need to have,” and “nice to have.” The committee further developed two lists for projects to be funded. The primary list includes projects the committee recommends be funded first, and is comprised of “must have” projects. The secondary list includes projects that should be considered during the mid-year budget review. If applicants cannot or do not expend their funds during FY 2015-16, the committee is recommending that projects on the secondary list be considered.

Bret Swortzel of Island Mountain held to answer on all charges

Arraignment on information on May 20.

See post from May 5 for more information. Preliminary hearing concluded yesterday.

Defense forensic pathologist bolsters prosecution argument in Ferrer case, saying if Anderson had received medical help immediately, he could have survived

Two forensic pathologists testified for the defense yesterday. The witness on blood alcohol levels, Judy Stewart was very brief and nothing remarkable about her testimony.

Dr. Terri Haddix told DDA Roger Rees yesterday that a person can survive a stab wound to the heart "if the operating room was a 100 feet away. Immediate attention of surgical nature to have a prayer of surviving this wound."

DDA Rees questioned her about her statistics and experience. She herself testified that she had only personally performed about 2500 autopsies and supervised less than another 2500 autopsies others had done. Even if that number was 5,000, it was half of what Dr. Mark Super, the prosecution witness has performed and he was a lot more definitive in his testimony.

She had performed less than 500 autopsies involving stab wounds, maybe as little as 300, and even at 500, by her own statistics that "single stab wounds are unusual" and  "5% or less fatalities" are caused by stabbing wounds, the number would be 15 or 20. By making her do the math and her own statistics, DDA Rees tactic may work with the jury in discrediting her testimony.

In the Bodhi Tree murder case, we heard days and days of detailed testimony by defense expert testimony that did nothing to prove the defendant's innocence. With the exception of Sophie Rocheleau and Nicholas Stoiber who were present with Ferrer that night, all the defense has left now are character witnesses.

 DDA Rees has destroyed Ferrer's credibility, he has poked holes in Rocheleau's credibility and if the trend continues with Stoiber, the defense case is looking very bleak at this point.

May 6, 2015

Possible witness tampering in Ferrer case?

While evidence motions were being heard and the jury was being questioned, a witness on the list and a friend of Juan Ferrer attended the court hearings until one day she stopped. Today, someone , who I think is related to Ferrer or is a friend was texting in the middle of the court, right after DDA Roger Rees was able to expose Sophie Rocheleau about the violent punk night post.

I brought this to the attention of the bailiff but by the time he came over to listen to me, the woman had put the phone away. The defense has over 30 witnesses still left to testify, including Nicholas Stoiber.

Court rules about not using cell phones are very clear.

DDA Rees exposes yet another key defense victim and Ferrer's former girlfriends's testimony; even on direct her testimony further sinks Ferrer's defense case

When Sophie Rocheleau took the stand today, Mr. Marek Reavis questioned her briefly on cross. Today, she said she did not specifically remember Ferrer tossing the knife. She said she was "shaken up" when Ferrer said he thought he had stabbed Douglas Anderson. Then just a few minutes later, she remembered Ferrer did toss the knife in between the time when they were on 12th before they turned on Alliance.

They heard sirens but did not associate them with the altercation they just had with Anderson. Yet, her explaination was that they took a different route home "because they were concerned about getting arrested for being drunk in public and they were concerned about the guy calling the cops on her and her friends."

Mr. Reavis asked her if she told the truth when law enforcement first questioned her and she said no. She said it didn't seem like the same incident they were involved in on H Street and she was scared. This is basically the same thing Ferrer said. Then Mr. Reavis asked her if she gave "the full accountwhen she met with former DA Paul Gallegos and DA Investigator Jack Bernstein and got a simple plea of assault and grant of immunity for her testimony.

DDA Roger Rees got to question Rocheleau for about half an hour. He started his questioning on cross by asking her,  to describe that night in one word. Rocheleau responded with, "Scary."

Mr. Rees: "was it a self defense kind of night?"

Rocheleau: Yes."

Mr. Rees: "A night where you got away without being hit?"

Rocheleau: "yes."

Mr. Rees: A night where your boyfriend protected you?"

Rocheleau: "Kinda"

Mr. Rees: "Would you call it a violent punk night?"

Rocheleau: "no."

Then Mr. Rees showed her a facebook page with a post that Nicholas Stoiber had made, "It was a violent punk night."

And he pointed out that she liked that post. Rocheleau said she did not associate that post with the incident between Ferrer and Anderson.

Mr. Rees: "So you made a deal with the DA's office? Have you met with the DA's office after that?

Rocheleau responded no. Mr. Rees got her to admit that she never met with the DA's office about her testimony.

Mr. Rees: "Did you tell the officers you ran away from the incident."

Rocheleau responded no. Mr. Rees said, "I'll come back to that."

 He asked her this again at the end of today's session and then her answer was that technically they were running away to avoid confrontation with Anderson.

Mr. Rees asked if Rocheleau said in her statement to police, "I told him (Ferrer) not to say anything." She answered, "I don't specifically recall what my statement was." Pressed, she added, "I don't remember saying anything like that."

Mr. Rees asked if Rocheleau remembered Ferrer saying, "I think he accidentally fell on my knife." She said "I don't recall."

Mr. Rees turned to how much time Rocheleau and Ferrer spent together at her parents' home. She said he didn't spend the night, that he stayed at his grandmother's and occasionally with other friends.

Mr. Rees asked Rocheleau about the whereabouts of Ferrer's personal belongings. At first she answered, "Some of it was at my house, most of it was at his grandmother's." This contradicted her statement to Sgt. Ron Sligh, whom she told, Ferrer stored "very little, just like his travel bag" at her parents.' On follow-up she said "There was a lot of it there, yeah" meaning her parents' house.
and that Ferrer received his mail there as well. "He was not allowed to spend the night," she said again.

Mr. Rees asked if Ferrer brought up the subject of going to police the day after the incident. Mr. Reavis asked to approach the bench which he did a couple of times this morning and once again, time clicked away.

Mr. Rees showed Rocheleau the transcript with Sgt. Sligh, in which she was quoted as stating, "Well, Joey didn't bring it up, he just wanted to go south."  Again, She answered, "I don't remember that specifically." And again, "I still don't recall saying that specifically.

Then Mr. Rees asked a series of brief questions about the incident:

Mr. Rees: Would you characterize it as a fight?
Rocheleau: "Yes I would."
Mr. Rees: "And did you feel you were losing that fight?"
Rocheleau: "Not specifically, no."
Mr. Rees: At any point did you feel at risk of being killed?
Rocheleau: "I would say that that crossed my mind."
Mr. Rees: At any point did you feel at risk of serious bodily injury?
Rocheleau: "He appeared really big and aggressive."
Rocheleau said she didn't believe Anderson had a gun, and said "I don't know" when asked about a knife.
Mr. Rees: Did Doug throw a punch at you?
Rocheleau: "No"
Mr. Rees:Did he throw a punch at the defendant?
Rocheleau: "I don't know; not specifically."

Asked if she heard Anderson yell, "I'll fucking kill you, I'll fuck that fat bitch up," Rocheleau said "No I did not hear that." She said she was always behind Ferrer.

Mr. Rees asked asked if Ferrer said, "All right, that's far enough you fucking lunatic!"

Rocheleau responded,"I don't recall."

She affirmed her prior testimony that she saw "Joey" punch Anderson, saying "I believe so."

Rocheleau could not corroborate if "Doug's body touched the defendant." She said, "I don't recall if any part of Doug's body touched the defendant. I don't recall."

Rest of media covers hearings on Trevor Bohn who did not face charges yet ignores any coverage of Dave Meserve's son or Hezekiah Allen

Here is one link from LOCO that states how the Times-Standard did a "bang up job" among other media on coverage in a case where Trevor Bohn was an alleged suspect but did not end up facing charges.

Yet, I am the only one to report on Kailan Meserve who faces way more serious charges than pepper spray and no coverage of Hezekiah Allen's DUI and past charges?




Two million Bail for Kailan Meserve remains set, Judge finds no unusual circumstances to deviate from schedule

About 20 people including Dave Meserve showed up in Courtroom 2 today to show support for Kailan Meserve. Today's hearing was a request by defense to reduce bail. Dave Meserve seemed to be in good spirits, chatting with his supporters inside and outside the courtroom.

Some of the supporters were extremely loud outside the courtroom and kept walking in and out of the courtroom every couple of minutes. Courtroom 2 is a very small courtroom and since so many people showed up for Kailan Meserve, few people had to stand at the back of the courtroom.

Randolph Darr, a San Francisco attorney has been retained by the Meserve family. He refused to give me a card or tell me his name when I approached him.

Courtroom 2 calendar was packed and cases were resolving in court and by 3 p.m. Judge Marilyn Miles was still calling the 1 and 1;29 p.m. calendar. The court took a break a little after 3 p.m. and Judge Miles indicated that the case that had been added to the afternoon calendar (Kailan meserve) would be the last case of the day. This court hearing was supposed to be held this morning at 8:30 a.m.

At one point, the only empty seat was behind Mr. Darr and while I was sitting waiting for the case to be called, I happened to briefly glance at part of the paperwork he was reading for Kailan Meserve's case which was in plain view. Mr Darr put those papers away a minute after I sat down.

I could not read the part about the request of what reasonable bail and the defense argument was but I happened to see that there was a a paragraph where the defense said that Kailan Meserve would agree to an ankle monitor and his sister had arranged from him to attend an alcohol detox program in Washington.

The ankle monitor was through a bail bonds company not supervised release through local probation and therefore denied by the Judge.

Kailan Meserve has some very serious charges against him. Not everyone has a father who is a former city council member and not everyone can have 20 people who can take off work and show up in court for support.

The PC 1275.1 hearing for bail is tentatively scheduled for this Friday.

I had an appointment that could not be rescheduled so I left before Judge Miles ruled on bail reduction. Via email DDA Brie Bennett who is prosecuting the case, sent me the following information which is the same as what was stated in open court.

Bail remained as set. Roughly 20 people appeared to support Mr. Meserve and request his bail be reduced. However no unusual circumstances were found to deviate from the bail schedule.


Previous posts:

http://johnchiv.blogspot.com/2015/04/kailan-meserve-who-was-busted-for.html
http://johnchiv.blogspot.com/2015/04/bail-raised-to-2-million-for-kaillan.html


David Tyson appointed Point Arena City Manager today

I will post the press release shortly. David has been appointed interim city manager after the current city manager resigned.

Press Release:

The City of Point Arena announced today that Philip Vince has resigned from his position as City Manager for the community. Vince began his career with the City in November, 2014 when he was recruited as the City’s first City Manager to manage the coastal city. At Tuesday night’s Special City Council meeting, the City Council accepted Vince’s resignation.
“We want to thank Phil for his service to the community and we wish Phil and his family all the best”, said Mayor Jim Koogle. Following the acceptance of Vince’s resignation, the City Council appointed David W. Tyson as Interim City Manager. Tyson, who served as the City’s Interim City Manager from May 2014 through Vince’s arrival in November, is no stranger to local government management. In his thirty-five years in the business, Tyson has served in managerial roles in the cities of Eureka and Arcata. “City staff and City Council are committed to the continued delivery of excellent and reliable services that residents and the business community have come to know and expect” said Tyson. There is no plan to veer off that course.
The City Council has made the recruitment of their next City Manager a top priority and they have instructed Tyson to begin this effort immediately. The City Council will be holding a Special City Council meeting on Wednesday, May 13, 2015, at 3:45 PM; to consider their recruitment options. Community members are encouraged to participate in this significant community discussion.

Even after having his real estate license revoked, Randall Cook continues with this realty business? Guess the rules just don't apply to him?


This photo was taken as of 3 p.m. today past Country Club market.

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

Randy Cook was convicted and he hid that fact from the State. His real estate license was revoked. He tried to get out of spending time in jail after his last conviction. Now he is not licensed as a relator in California yet Cookhouse Realty seems to be in business, according to this photo.

The rules just don't seem to matter or apply to Randy Cook.

With live reporting, sometimes you get the stuff out before the press release, sometimes you don't; DDA Trent Timm scores a second win in two months

I posted on the Christian John Kay verdict as I was there in the courtroom yesterday (while the Ortiz preliminary was going on).

http://johnchiv.blogspot.com/2015/05/while-preliminary-hearing-for-ortizs-is.html
The second one I knew about, just have not had time to post.

This morning I was back and forth two courtrooms covering both the Ortiz and Ferrer cases. And there was stuff yet in other courtrooms. Sometimes, you can be in two places at once but not three or four.

What is not in the press release about the Corey case that this is the second win for DDA Trent Timm, who just started in March this year.

http://johnchiv.blogspot.com/2015/03/less-than-month-on-job-dda-trent-timm.html
http://johnchiv.blogspot.com/2015/03/dda-trent-timm-wins-his-first-jury.html

DA's press release (today):

On May 5, 2015 two juries returned verdicts in two separate trials.

A jury found Christian John Kay not guilty of felonious assault but guilty of two counts of misdemeanor assault and discharge of a “BB device” with gross negligence related to his firing a pellet rifle with telescopic sight at four Eureka High freshmen on November 7, 2013. One of the victims required medical treatment to remove a pellet from his chest. The case was prosecuted by Deputy District Attorney Jackie Pizzo. Sentencing will occur on May 29, 2015 with Superior Court Judge T. Cissna presiding. The defendant is facing a maximum of 1 year and 6 months in county jail and restriction of his gun rights for 10 years.

In People vs. Margaret Ellen Corey, the jury found the defendant guilty of misdemeanor vandalism. The case stemmed from her conduct on June 9, 2014, when she “keyed” another Humboldt County citizen’s car after an argument in a local pawn shop. The vandalism was caught on video surveillance. The case was tried by Deputy District Attorney Trenton Timm. Ms. Corey is scheduled to return to court on May 7 for sentencing by Superior Court Judge Reinholtsen. She is facing a maximum sentence of one year in the county jail, a fine up to $10,000, and payment of restitution to the victim.

"Would you call it a violent punk night?" Sophie Rocheleau's denial later called out on cross by DDA Rees by showing a facebook post

Instead of continuing Sophie Rocheleau's direct questioning, the defense in the Ferrer case chose to present testimony by a forensic pathologist and brief testimony by a witness on blood alcohol. Neither witness helped the defense case.

Then Mr. Marek Reavis, who represents Juan Ferrer called Sophie Rocheleau to the stand around 11:10. He questioned her on direct briefly. DDA Rees got to question her starting at 11:30. Again, in a masterful cross, using transcripts a and facebook post, DDA Rees within a matter of minutes was able to catch Rocheleau on a denial she made about a statement he had just asked her about.

Full update on testimony later...

Rodney and Vincent Ortiz preliminary hearing continues tomorrow to Day 3; one small defense win on cross

Francis Colegrove, one of the attempted murder victims finished his testimony today. He was followed by Ethel Reed, the fiancee of the second attempted murder victim and the last prosecution witness to testify was HCSO's Detective Todd Fulton, who is also the lead investigator in the case.

The one small defense win today was when Rodney Ortiz's attorney got Francis Colegrove to admit he did have a beer before court today, minutes after he denied that on direct questioning by DDA Jackie Pizzo. Francis Colegrove had said on direct earlier that he was nervous about testifying and needed a break, due to the emotion, and Judge Marilyn Miles granted him that request. The deceased victim is his father. Both Francis Colegrove and Ethel Reed teared up while testifying.

Full update later today...


May 5, 2015

Another bank robbery or incident near US Bank in Henderson Center?

Crowd gathered outside US Bank. Just spoke with EPD's Sgt. Steve Watson,not a bank robbery, just a disturbance inside the bank.

Connection between Rodney Ortiz and a man currently alleged for shooting crows and disposing of them in a chipper

I was looking into a case in Humboldt Superior Court. I learned from an unnamed source that two of the defendants are former employees of California Redwoods Korbel Mill. The State of California may also be pursuing action in this case which involves shooting crows and disposing of them in a chipper.

The charges in Humboldt Superior Court are killing, maiming, torturing and mutilating an animal as well as unlawful hunting and maiming.

Jeffrey Mitchell Malast is represented by Allan Dollison, Scott William Humphrey by Ken Bareilles, both private attorneys. Timothy Evert Ross is being represented by the Public Defender's office.


Next court date for a motion hearing to file an amended complaint is on May 21 at 2 p.m in Courtroom 5. There is a disposition and reset hearing set at 2 p.m. on June 4.


This same unnamed source claims that after the Hoopa shooting, Rodney and Vincent Ortiz went to the house of Timothy Ross twice before being arrested. The same source said that Rodney Ortiz and Timothy Ross worked together at the Korbel Mill.

Bret Swortzel among "gang of men" in Island Mountain home invasion according to victim's testimony

The preliminary hearing for Bret Swortzel started yesterday and tomorrow will be the third day.

One of the victim's was Swortzel's co-defendant Seth Morton's mother. She testified that she awakened to a "gang of men" entering her home in the middle of the night in remote, rural Garberville.

I attended yesterday and will update this with post with first hand account of Deborah Morton's testimony later today.

Background from Press-Release:


On 03-03-2015 at about 00:20 a.m. the Humboldt County Sheriff’s Office received a 9-1-1 call from a victim at a residence located in the 2700 block of South Face Road, Island Mountain. The female victim reported her 34 year old son; Seth Robert Morton, Sr. came into her residence this morning wearing a ski mask and attempted to assault her husband, who is Morton’s step farther.
The female and male victim both stated they were pepper sprayed by one of the three male suspects, who came onto their property. The male victim told the deputies he was able to get a baseball bat from inside of his residence and hit one of the suspects several times with the bat to protect himself and his wife. The male victim was able to chase the suspects out of his residence.
The victims said as the three suspects fled the property one of the suspects fired a round from a firearm and the bullet struck the residence. The three suspects then fled the scene driving a white, late 80’s, SUV. A local citizen who was aware of the situation attempted to block the road by parking his vehicle in the middle of the road. The suspect vehicle stuck the unoccupied vehicle which resulted in the suspect vehicle crashing off the Island Mountain Road. The three suspects then took off on foot. The Sheriff’s office has seized the vehicle for evidence.
The Humboldt County Sheriff’ Deputies along with the California Highway Patrol Officers immediately started searching the area for the three suspects. At day break a CHP helicopter from Redding assisted in the search for the suspects. At about 9:00 a.m. the Humboldt County Sheriff’s Office received several telephone calls from concerned citizens in the area of Island Mountain about a male subject, dressed in dark clothing, who was hiding off the road near the New Harris Store. Deputies responded to the area and located 34 year old Bret Lawrence Swortzel. Deputies detained Swortzel and learned he had a no bail parole violation warrant issued for his arrest. Deputies were able to obtained evidence and were able to place Swortzel under arrest for the Home Invasion Robbery.
Deputies were able to identify a second subject in the Home Invasion Robbery as Seth Robert Morton Sr., age 31. Further described as a WMA, 5’-10”, blonde hair with hazel eyes. Deputies have requested a Be On the Lookout (BOL) for Morton with other law enforcement agencies for his arrest for the following charges: attempted homicide, burglary, brandishing a firearm, convicted felon in possession of a firearm, convicted felon in possession of pepper spray and hit and run.
Bret Swortzewas booked into the Humboldt County Correctional Facility in Eureka on a no bail, parole violation warrant. Swortzel was also booked on fresh charges for home invasion robbery, conspiracy to commit a crime, convicted felon in possession of pepper spray and possession of a controlled substance.
Deputies are currently on scene looking for the other two suspect associated with this case. At this time there is no description for the third suspect associated with this case.
Seth Morton was later arrested and booked into custody.

EPD's Captain Watson issues BOLO for female suspect in residential burglaries primarily in Southeast Eureka area

EPD has identified a woman we believe to linked to several attempted
and actual daytime residential burglaries occurring predominately in
Eureka's southeast neighborhoods. About five calls for service relating
to suspicious activity and/or residential burglaries were received by
the Eureka Police Department communications center on 05/04/15 between
the hours of 8:15 a.m. and 1:00 p.m. All calls came within the 2400 and
2900 blocks of D-N Streets.

In most of the cases it appeared entry was attempted or made through
rear alley gates and back windows to the residence. In one case a
suspicious female knocked on the front door asking about flowers and
appeared to be looking into the residence. The homeowner later found all
rear gates unsecured.

A similar description of the suspect was provided in several of these
cases. The suspect is believed to be a white female adult, 18-22 years
old, 5’5” to 5’7”, with a thin build. The female was wearing a
black knit beanie with a pink knit flower, leopard print leggings, black
knee high boots, and a large backpack.


EPD Press Release (after post):

About five calls for service relating to suspicious activity and/or residential burglaries came into the Eureka Police Department communications center on 05/04/15 between the hours of 8:15 a.m. and 1:00 p.m.  All calls came within the 2400 and 2900 blocks of D-N Streets. 

In most of the cases it appeared entry was attempted or made through rear alley gates and rear windows to the residence.  In one case a suspicious female knocked on the front door asking about flowers and appeared to be looking into the residence.  The homeowner later found all rear gates unsecured. 


A similar suspect description was provided in several of these cases.  The suspect is believed to be a white female adult, 18-22 years old, 5’5” to 5’7”, thin build.  The female was wearing a black knit beanie with a pink knit flower, leopard print leggings, black knee high boots, and a large backpack.  

"I was knocked out unconscious in a fetal position, for a brief second, I came to conscious" and then Francis Colegrove jumped out a window and ran for his life

Francis Colegrove, son of Daniel "Johnson" Colegrove briefly testified before court adjourned this morning. He confirmed Roger Surber's version of events and described as he watched Rodney Ortiz shoot his father and then turn the gun on him.

He said that Rodney and Vincent did not knock, they weren't invited in, they just came into the trailer and that "Rodney came in first". There was an argument between Rodney Ortiz and Daniel Colegrove. He described their tones as "upset and angry" and that the tones became "violent, more aggressive" and "my father said let's go outside." During the argument, Francis Colegrove said his father told him "to get out of the way". This is when the argument took a more hostile and aggressive turn.

"Vincent's father had a revolver in his pocket," said Francis Colegrove. He took it out and "he shot at my father." He told DDA Jackie Pizzo that his father was "shot once in the right cheek area in his face."

Francis Colegrove was about three feet away as he watched his father being shot. He said then Rodney Ortiz "turned around and shot me on the right side of my head. I was knocked out unconscious in a fetal position, for a brief second, I came to conscious" and he said he jumped out an open window and went running directly down to the hill to a neighbor's house. "I was very afraid." He was bleeding from the top of his skull.

"We tried to leave but Vincent kept saying, "No, you have to kill them all"; Roger Surber pleaded for his life "I said, please don't, I have my baby"

Very powerful and detailed testimony was given by Roger Surber this morning in the preliminary hearing for Rodney and Vincent Ortiz.

On March 21st, Roger was at Daniel Colegrove's trailer along with his fiancee Ethel Reed and their nine month baby. With them were Francis Colegrove, Brent Hamerik and Jesse Moser. They were in the living room talking and hanging out.

 He referred to Daniel Colegrove as "Johnson" and said he was a "good person" he ahd known for years, who helped him out with money and gave him work.

Rodney and Vincent came into the house . He did not see them arrive. "Rodney and Johnson started arguing about four ounces of weed," he paused briefly for a second and added,"marijuana."

"Basically Rodney was saying 'this is my son, I'm here to straighten this out'. Rodney pulled out a pistol and shot Johnson. He shot him right on the face, I believe. Then he turned around and shot Francis in the back of the head. We tried to leave but Vincent kept saying, 'No, you have to kill them all'. I said, Please don't, I have my baby. Then Rodney shot me in the shoulder and head."

Surber said that after they shot the three of them, Rodney and Vincent Ortiz "took off running." After they left, he just lay on the floor for "half an hour until the ambulance showed up."

"The bullet went into my head through my chest and the bullet is still there." Surber was in the hospital for six days. There are still two bullets in his chest. He testified later that the bullet went through his head and then his neck.

"When Rodney first came in, the gun was in his waistband." Then referring to Daniel Colegrove, Surner said said "I guess he bought a pound of marijuana from Vincent and it was four ounces short."

Rodney and Vincent Ortiz were somber at some points of testimony this morning but Rodney Ortiz was often smiling and at one point, while we were on a brief pause in testimony, they were both laughing in court while the victims' families were sitting in front of them.

"When Rodney started shooting, few people jumped out the window they were sitting next, " said Surber. "Johnson did not threaten or hit Rodney. At one point, he said 'let's go outside and fight about it.' This was followed by more conversation and then Surber said that Rodney Ortiz shot Daniel Colegrove. "He just fell down." After Rodney Ortiz shot Francis Colegrove, he came towards Surber pointing his gun, "I thought I was going to get killed."

On cross, Mr. Greg Elvine Kreiss asked Surber about a statement Rodney Ortiz had allegedly made calling "Vincent a bad son." Surber could not remember that but he said he remembered Rodney Ortiz telling Daniel Colegrove "that Vincent should have weighed the marijuana." Surber also said that Daniel Colegrove told Rodney Ortiz, "I don't know why he is shorting me. I bought brakes for his truck, why is he doing this to me?"

Another statement that Surber said Rodney Ortiz made was telling Daniel Colegrove, "let's settle this argument the convict way."

Surber also clarified the statement he said Vincent Ortiz made after Rodney Ortiz shot Daniel Colegrove, "No dad, you have to fucking kill them all now. You have to fucking kill them."


While preliminary hearing for Ortiz's is going on, verdict comes in for a case with DDA Jackie Pizzo and Public Defender Casey Russo

So, we had to take a court break from the Ortiz preliminary hearing in Courtroom 2. The case was People v Christian John Kay and was held in Courtroom 4. It has been going on for a while and the jury did take time to deliberate. This was going on at the same time as the Juan Ferrer jury trial among other cases so I did not cover it.

It was a partial win for the DA's office a partial win for Mr. Casey Russo and his client. The jury convicted Kay on two lesser charges of assault and shooting  a BB gun in a negligent manner but voted not guilty on assault and battery charges. The defendant sighed in relief after the verdict was recorded and one of the women in court sobbed.

This was the case with pellet shooting near Eureka high.

"This is nothing compared to the hour and half wait for the ambulance"; rural ambulance service and the impact in Hoopa after the shooting of Daniel "Johnson" Colegrove

Several members of Daniel Peter Colegrove, affectionately known as "Johnson" in the Hoopa community attended the preliminary hearing this morning for Rodney and Vincent Ortiz. Also present were members of Roger Surber, one of the attempted murder victims, and the first witness to take the stand today. Francis Colegrove is Daniel Colegrove's son and the second attempted murder victim who also testified today.

Sherlette Colegrove, who I know, spoke to me before court started and told me that many other community members and tribe members wanted to attend. Other family members mentioned that they have been appreciate of my blog and the coverage that keeps them informed.

Grandma Darlene mentioned to me and Times-Standard's Will Houston in the hallway during a court break that as hard as it has been for the family to be at the preliminary hearing, "This is nothing compared to the hour and half wait for the ambulance." She also told us that while the shooting was going on, Surber's fiancee, Ethel Reed, grabbed her baby and crouched up in a ball to protect themselves.

A family member, related to Rodney and Vincent Ortiz has attended some of the court hearings but was asked to leave court as she will be testifying.

Private attorney Kathleen Bryson knows the Colegrove family well and has represented Sherlette Colegrove previously. She is representing the Colegrove family in this case and handed a Marcy's letter to DDA Jackie Pizzo and Mr. Greg Elvine Kreiss, who represents Vincent Ortiz and Mr. Casey Russo, who represents Rodney Ortiz this morning.

Marijuana, Meth, Glock magazine, domestic violence probation violation in Loleta arrest

On 05-04-2015 at about 10:30 a.m. a Humboldt County Sheriff’s Deputy was on routine patrol on Cock Robin Island Road, Loleta. At this time the deputy notice a black, Lexus, SUV parked on the Pedrazzini boat ramp. The deputy could see a female sitting in the passenger seat leaning over towards the driver’s seat. The deputy could not see anyone sitting in the driver’s seat.

The deputy then made contact with the female in the vehicle to see if she was ok. When the deputy approached the vehicle he could see a male subject sitting in the driver’s seat reclined all the way back.
When the deputy made contact with the occupants of the vehicle he could smell the odor of marijuana emitting from inside of the vehicle.

The deputy identified the female passenger as 21 year old Yisele Bautista and the male driver as 29 year old Soua Yang. The deputy then checked both subjects through his communications center for any possible warrants or probation clauses. The deputy was advised Bautista had a felony warrant for her arrest out of St Louis, Missouri for a narcotics violation. The deputy then placed Bautista under arrest for her felony warrant.

The deputy was further advised by his communications center that Yang was on probation out of Sacramento County for domestic violence. The deputy then detained Yang and searched the vehicle, because of the odor of marijuana emitting from inside of the vehicle.

The deputy located (2) one pound bags of marijuana inside of a duffle bag in the back seat of the vehicle.  The deputy also located a glass smoking pipe for methamphetamine and a useable amount of methamphetamine inside of the vehicle. In the center console of the vehicle the deputy located a 30 round magazine for a Glock, 9mm handgun. (This magazine is illegal to possess in the state of California).

Yang was placed under arrest for possession of methamphetamine, possession of marijuana for sales and possession of an illegal gun magazine. Both Yang and Bautista were transported to the Humboldt County Correctional Facility in Eureka. During the booking process, Correctional Deputies located 2 grams of methamphetamine and 2 grams of cocaine hidden on Bautista body.

Bautista was booked into the Humboldt County Correctional Facility for possession of methamphetamine, possession of cocaine and for bringing narcotics into a Correctional Facility. Bautista was also booked on the felony warrant out of St Louis, Missouri. Bautista bail is currently set at $50,000 dollars. Yang’s bail was set at $25,000 dollars.  

Argument over four ounces of weed let to shooting of Daniel Colegrove alleges first attempted murder victim at preliminary for Rodney and Vincent Ortiz

In addition to being charged with murder of Daniel Peter Colegrove, Rodney and Vincent Ortiz have also been charged with the attempted murders of Francis Colegrove and Roger Surber.

Surber was the first witness to take the stand today at the joint preliminary hearing today. The second witness was Francis Colegrove. His testimony will continue tomorrow morning.

Surber said an argument over four ounces of weed lead to Rodney Ortiz shooting Daniel Colegrove, Francis Colegrove and himself. According to Surber's testimony, Vincent Ortiz allegedly shorted Daniel Colegrove on his purchase of one pound of marijuana and from both Surber's and Francis Colegrove's testimony, the argument was over money.

Rodney Ortiz is charged with the murder of Daniel Colegrove and two separate counts of attempted murders. There are special allegations with the counts that he used a handgun during the commission of the crime, that he inflicted great bodily injury, that he is convicted felon in possession of a firarm and that he has a prior strike conviction.

Vincent Ortiz is charged with murder of Daniel Colegrove and attempted murder of Francis Colegrove and Roger Surber.

HCSO's Detective Todd Fulton sat in with Ms. Pizzo as the lead investigator on this case. Both prosecution witnesses were very credible and unshakeable on cross.

Both on direct questioning by DDA Jackie Pizzo, both prosecution witnesses denied any alcohol or drugs except a small amount of marijuana that they were going to smoke. Surber said he had no knowledge of Daniel Colegrove having any firearms or buying or selling marijuana.


May 4, 2015

People's opposition to defense 995 motion in Benjamin Carter's makes a reference to his email with Kym Kemp/ LOCO and shows he is in violation of law

Benjamin Carter is  charged with Count 1 Murder and Count 2 possession of a firearm in the death of Zachary Chapman. Mr. Michael Acosta is representing Carter.

There is a possibility that this case may resolve before a jury trial . At the last court hearing, the date of May 13 was set for Judge John Feeney to hear a 995 motion by the defense to dismiss Count 1 and Count 2. The defense filed that motion and the People have filed their response.

In the People's response, DDA Andrew Isaac said as to Count 1, the dense motion has merit. As to Count 2, the People object. "If no evidence was presented at the preliminary hearing regarding the defendant's status as a felon it was probably because the defendant's status as a felon four times over was understood. At this juncture, the Court can and should take judicial notice its own files reflecting the defendant's four prior felony convictions. Alternatively and more conservatively, the Court under Penal Code 995a should allow the People to reopen briefly to introduce a certified copy of the defendant's complete criminal record."

Citing cases and evidence to the Court, the People make a strong case for their opposition.

Also referenced in the People's motion is an email exchange Carter had with Kym Kemp when she was with Lost Coast Outpost in which he admits to being a felon in possession of a firearm which is a violation of the law.

Previous post (with links to other coverage of this case on the blog):

http://johnchiv.blogspot.com/2015/04/benjamin-carter-trial-date-vacated-995.html


Fieldbrook double murder case disposition/reset hearing continued until May 11

A disposition and reset hearing for Jason Arreaga, tbe suspect in the double homicide that took place in Fieldbrook got continued until May 11 at 2 p.m. in Courtroom 1.

Judge John Feeney is away at a conference so Judge Joyce Hinrichs called the case in Courtroom 5 today.

The continuance was at the request of the defense. Public Defender Angelica Leonardo appeared with Arreaga for her colleague, Ms. Heidi Holmquist. Ms. Holmquist's absence was the reason for the continuance.

DDA Zach Curtis spoke with the families of the victims outside courtroom.

U.S. Bank and Coast Central bank robbery suspect will be arraigned this afternoon with one count of possession of controlled substance and special allegation of prior conviction

Benaiah Tabbytite will be arraigned this afternoon in Courtroom 4 for charges in the bank robbery at U. S. Bank and Coast Central Credit Union. Besides those two counts, he is charged in Count 3 for possession of controlled substance and a special allegation of a prior felony, robbery in 2000.