Jun 6, 2015

Victim's family from 101 incident where suspect is charged with vehicular manslaughter hires award winning top lawyer Patrik Griego to represent them




The Baker family has hired award winning and top criminal defense attorney Patrik Griego, to represent them in the case against David Lockhart. He was successful in getting the city and the People's suit against former EPD officer Adam Laird dismissed. He has successfully represented and won cases on behalf of many victims.

These are just some of the links on cases I covered with Patrik Griego on this blog:

http://johnchiv.blogspot.com/2013/10/griego-shows-why-he-was-voted.html
http://johnchiv.blogspot.com/2013/12/patrik-griego-serves-city-police-chief.html
http://johnchiv.blogspot.com/2014/01/patrik-griego-responds-to-laird-case.html
http://johnchiv.blogspot.com/2014/04/another-first-for-patrik-griego.html
http://johnchiv.blogspot.com/2015/05/randall-miles-and-suzanne-cook-sued-by.html

DDA Jackie Pizzo is prosecuting the case, Conflict Counsel's Mr. Greg Elvine-Kreis has been appointed to defend Lockhart. After an intervention hearing this Thursday, Judge Marilyn Miles announced  that the preliminary hearing set for June has been vacated and a dispositiona nd reset hearing is set for July 2. Lockhart entered a general time waiver on that date.

Previous posts:

May 29, 2015


David Lockhart charged with vehicular manslaughter led away in cuffs in front of victim's family and friends; "What a difference this new DA has made"

David Lockhart was supposed to be arraigned on May 14. That date was vacated. Yesterday, when he was finally arraigned, he would have liked to stay out of custody, however, he was led away in cuffs into custody in front of the victim's family and friends.

There is an OR/Bail hearing set for 2 p.m this afternoon in Courtroom 2. Intervention is on June 4 at 3 p.m. and Preliminary hearing is June 10.

"What a difference this new DA has made," is what one of the victim's friends told me outside court. They are very pleased with DA Maggie Fleming and her office's handling  of the case.

Previous post:

Apr 17, 2015


David Lockart whose unsafe turn on 101 caused multiple deaths charged with vehicular manslaughter

Arraignment is scheduled for 1:30p.m.  in Courtroom 2 on May 20 for David Lockhart who is charged with felony:homicide with the count of gross vehicular manslaughter and death of multiple victims.

The link below from Kym Kemp has the press release on the accident.

kymkemp.com/2014/11/13/woman-dead-man-and-child-major-injuries-following/

"Cocktails for Eagle Tails" raises funds for Watershed heroes and Raptor Aviary; tales about Miss Eureka, the camel who preceded Bill the Chimp shared








Approximately 60 people attended and approximately another 20 people donated but did not attend "Cocktails for Eagle Tails," a fundraiser for the Sequoia Park Zoo on June 5 at the home of Fourth District Supervisor Virginia Bass. Supervisor Bass and her husband Matthew Owen are supporters of the Zoo and organized this event along with Zoo Foundation Founding President Jeff Lamoree and his wife Sharon. Funds will be used for for Watershed Heroes, Raptor Aviary and similar new exhibits by the Sequoia Park Zoo foundation.5

The fundraiser was by invitation only and while the suggested tax deductible donation was $100 per person, there were people who attended who were more generous in their support. Attendance was diverse. Representing the Zoo board was Annette De Modena and staff member Kelly Parchman , KAEF Assistant News Director Lindsay Housaman, First District Supervisor Rex Bohn, who made a cameo appearance and then went to attend the Relay for Life event at the Adorni, Eureka Main Street Director Charlotte McDonald, Eureka Mayor Frank Jager, Lora and Joel Canzoneri, Alex Stillman, Connie Stewart, John Fullerton, Neal Ewald and many others.

I asked the people attending why they support the Zoo. "The zoo is the crown jewel of Eureka," said John Fullerton.

"The zoo is such an important part of our community," said Charlotte McDonald. "It gives people the chance to see animals they may not see. It is well-manged, well-run and it enhances the quality of life, the parks and the surrounding areas in our community. It is a place that families and friends can gather in the center of Humboldt County. We had Jillian's third birthday party at the Zoo."

Michael Dearden, manager of the Wells Fargo branch in Eureka said, "There are things in  life we need and there are things that make life worth living."

Linda Wise, a local artist and Recology Humboldt operations manager, said she was there supporting the Zoo but also all local parks and recreation facilities. "When you don't have facilities like this, you just give up on quality of life."

Lora Canzoneri grew up in the neighborhood adjacent to the Zoo. She shared with me fond memories of Miss Eureka, a camel, who preceded Bill the Chimp. She talked about how the Zoo was a place she and her friends could walk over to, a place they felt safe going to even without mom and dad.

"It was my backyard," said Lora Canzoneri. "My best memory was Miss Eureka, the camel. I was probably 7 or 8 when she died. " Then she talked about visiting Bill and dealing with that loss. "There are very few places in the nation that still have a city zoo. I am very impressed with the recent improvements to the Zoo, thanks to the Foundations."

For Ms. Canzoneri, the Zoo is a place where a nine year old Lora took her baby sister, it is the place she and her husband Joel met and first started dating. They would go there and have lunch and walk and visit Bill. She also mentioned that when she was a little girl, the Zoo had a lion.

These are just some of the highlights shared last evening of what the Zoo means to local residents.

Mr. Lamoree started his remarks by saying, "I would like to thank Matthew and Virginia for opening their house" and gave the eagle photo to them as a thank you. He then quipped, "I have a 40 minute presentation," to laughter and just pointed to the easels  that people could look at for more information. It was an informal mingling with zoo staff and board members answering questions and people enjoying home cooked goodies and drinks.

According to Mr. Lamoree, The Sequoia Park Zoo like many accredited zoos across the country is owned, operated and funded through a local government entity, in this case the City of Eureka. The city revenue covers animal care, operations, maintenance, utilities, and education programs. Working in close partership with City of Eureka staff, the Sequoia Park Zoo foundation is responsible for fundraising, marketing, membership, guest services, special events, and other initiatives such as capital projects.

$7,000 raised from last night. Mr. Lamoree will follow up with those that did not attend but pledged donations.

Jun 5, 2015

False imprisonment of an elder, burglary and resisting arrest by Eureka parolee

On 6/05/2015 at about 6:30pm, officers from the Arcata Police Department were dispatched to the 1000 block of 9th Street on the report of a burglary in progress.
The resident of the home had returned and walked into their upstairs bedroom where they located a male subject in the act of taking their property.  The suspect closed the door on the resident and proceeded to escape the home from a second story window.
The resident followed the fleeing suspect as officers arrived on scene and a perimeter was established around the neighborhood.  He then ran into a nearby trailer park where he tried to enter a trailer and was repelled by the resident.
After jumping several fences, the suspect entered the unlocked rear door of another residence and confronted an elderly couple inside.  As the elderly female resident tried to run out the front door and call for police, the suspect grabbed her and attempted to pull her back inside the house.  Unsuccessful, the suspect then fled from the residence.
The suspect continued to run from police even while being placed at both gun and Taser point on several occasions.  He was ultimately captured trying to crawl into a culvert of Jolly Giant Creek in the 900 block of 7th Street. Based upon his consistent disregard of officer's orders and the immediate threat he posed to residents in the neighborhood, a Taser was effectively deployed and the suspect was taken into custody.
The suspect was identified as Russell James Holt (age 43) of Eureka.
Holt is currently on parole with the California Department of Corrections for PC 459 -Burglary.
After being medically cleared at Mad River Community Hospital, Holt was transported to the Humboldt County Correctional Facility where he was booked for PC 459 - Burglary, PC 368(f) - False Imprisonment of an Elder, PC 148(a)(1) - Resist, Obstruct or delay the Duties of an Officer and PC 602 - Trespassing.
The Arcata Police Department would like to again offer our thanks to the citizens of Arcata whose assistance was instrumental in the capture of Holt and their efforts continue to make our city a safe place to live.

Rio Dell police officer arrested for battery on cohabitant

E: 06-05-15
On 06-05-15, Humboldt County District Attorney Investigators arrested Kevin Harralson for two counts of PC243(e)(1) – Battery upon a cohabitant, and one count of PC417(a)(2) – Exhibiting a firearm.  Harralson, a police officer for the City of Rio Dell, was taken into custody without incident and with the cooperation of the Rio Dell Police Department .  He was booked at the Humboldt County Correctional Facility where bail was set at $100,000.00. The arrest was the result of an ongoing investigation by the Humboldt County District Attorney’s Office regarding incidents in August 2014 and March 2015.  Inquiries should be directed to District Attorney Maggie Fleming at 707-445-7411.

APD arrests suspect in this morning's stabbing

On 06/05/2015 at approximately 0806 hours, the Arcata Police Department responded to the 1000 block of 14th Street for the report of a male subject that had just been stabbed in the throat.
Upon officer's arrival, they located the male victim conscious and alert. The male identified the suspect as Lindsay Kaminsky (25 years of Arcata). The suspect fled the residence prior to police arrival, but was quickly located in a nearby park. The victim was transported to Mad River Community Hospital where he is in serious condition.
Kaminsky was booked at the Humboldt County Correctional Facility for the following charges:
P.C. 245(a)(1) - Assault with a Deadly Weapon
P.C. 273.5(a) - Domestic Violence.
This investigation is ongoing and anyone with information is asked to call the Arcata Police Department.

Dick Taylor chocolates moves manufacturing to Eureka

Dick Taylor Chocolates has moved to 4th and A Streets in Eureka.

The business has relocated their chocolate manufacturing operations to Eureka. This location is also a new retail outlet.


Jun 4, 2015

Man charged with grand theft embezzlement of Murphy's Market is also charged with possession of heroin

A disposition and rest hearing is scheduled for June 8 at 2 p.m. and a preliminary examination for June 17 for Michael Joseph Noriega, who is charged with allegedly embezzling money from Murphy's Market.

Count 1 is Grand theft embezzlement, a felony and Count 2 is possession of a controlled substance, heroin. Noriega is represented by the Public Defender's office.

Jun 3, 2015

Hoopa softball coach charged with alleged sexual assault of minor victim denied OR and supervised release; his lawyer claims sex was consensual and his married client "tried to put the brakes on"

Judge Joyce Hinrichs
Prosecution: DDA Brie Bennett
Defense: Neal Sanders
Courtroom 5



This afternoon, Judge Hinrichs listened to arguments on the defense's request to reduce bail, defendant's opposition to a protective order and request for supervised release.

William Jarnaghan is a Hoopa tribal forestry employee and a softball coach charged with 6 alleged sexual acts with a female victim under 18.

Jarnaghan's family was in court again today. When he walked in, he looked at them but no other acknowledgement.

Judge Hinrichs denied release on OR and supervised release after she heard from both attorneys. However, after three lengthy arguments, Mr. Sanders was able to whittle down bail to $150,000. Judge Hinrichs ruled that while the protective order stays in place that it could be amended in the future.

"The People are asking the Court to deny release of any sort," said DDA Bennett. "The defendant was in a position of authority over minor children. He violated that trust. " She said there was concern Jarnaghan may try and contact the victim and that he presented a danger to other minors.

Mr. Sanders, at first, referred to the part of the Probation report where Jarnaghan was not cited as a risk for failure to appear and kept asking for release on OR. He mentioned how well connected the family was playing up the tribal and community positions. This is so reminiscent of the Kayla Brown case, also from Hoopa. Her family is well connected and influential, so are the Jarnaghans. She made bail and is out of custody.

Judge Hinrichs pointed out that the probation report does not address the kind of charges, the potential of punishment and how that may affect the failure to appear by a defendant, and protection of the public.

DDA Bennett agreed with Judge Hinrichs. While Mr. Sanders said that those factors needed to be considered, he pointed that, "by law, these are not serious offenses." He said there were more serious and violent crimes than what his client was charged with in this case.

Citing the PC 289 (h), Mr. Sanders said,  "This offense merely requires contact between my client and victim" and said that Jarnaghan was a volunteer for the minor's team, and alleged that there was no evidence that there was any inappropriate behavior by his defendant with any minor other than the alleged victim. "This was an isolated incident." Mr. Sanders claimed that his client only had contact with the minor victim because they showed up somewhere at the same place. This was refuted by DDA Bennett.

"In this case, it is a 16 year old victim," said Mr. Sanders. "The age of consent in 30 states and Canada is 16 years old."

DDA Bennett responded, "the age of consent is not 16 in California." She also said that this was not an isolated incident. This is something that went on for months. There was an attempt at grooming in a predatory manner. Counsel is aware that according to police reports, this occurred on campus where he was working as a coach. "

Mr. Sanders said that his client's bail should be reduced because of inability to pay. DDA Bennett cited a case that a defendant's inability to pay cannot be a factor in setting bail.

Mr. Sanders made a remark that the sex was consensual to which DDA Bennett responded, "a minor cannot consent". DDA Bennett also challenged Mr. Sander's comments that no trust had been violated by pointing out that the alleged incidents took place on campus where Jarnaghan was a coach.  Twice Mr. Sanders said, "he tried to put the brakes on and said no, no" and insinuated that the sex proceeded because the minor wanted it to.

Mr. Sanders also said that it was his idea to have Jarnaghan turn himself in to law enforcement so that he was not arrested in front of his children.

DDA Bennett said that the restraining order was in order to protect the minor victim and the defendant was fighting it. She said the victim, her family, particularly her father opposed release, reduction of bail, and were requesting the protective order and were "very concerned" that the defendant would contact the victim and try and "dissuade her from testifying."

DDA Bennett said "during the course of the relationship, the defendant told the victim he wanted to run away with her."

Having lost on OR twice, Mr. Sanders made a last pitch for his client, telling Judge Hinrichs that if his client was granted OR, he would drop opposition to the protective order.

Mr. Sanders was able to use legal vagueness of the bail schedule and some legislation quirks to get the bail reduced and future modification of the  restraining order. There was lengthy discussion back and forth on the bail schedule, legislature, codes and interpretation. I am not going to get into all that because you had to be in court to get the entire context and they were referring to arguments in pleadings I did not have access to while taking notes in court so all the  points were shorthand to the rest of us.

 A good defense attorney knows that if there is a hint of appeal, the Judge will err with caution.  Mr. Sanders is one of the area's more expensive private attorneys and a well-known criminal defense attorney, for a reason. Mr. Sanders did a very good job for his client, as he should. It's the insinuation and smearing of the minor victim and dismissiveness of his client's alleged actions towards a minor that's not kosher.

I did a two posts yesterday with details from yesterday's hearing and background. Jarnaghan's work and family were not mentioned until today in court. I had that information in yesterday's post.

http://johnchiv.blogspot.com/2015/06/hoopasoftball-coach-and-tribal-forestry.html
http://johnchiv.blogspot.com/2015/06/hoopa-softball-coach-charged-with-6.html

No other media source was present in court.


Another victory for DDA Roger Rees in a stabbing case

On June 3, 2015, in the case of the People of the State of California v. Mark Nero, the jury found the defendant guilty of assault with a deadly weapon, second degree robbery, and mayhem, for the stabbing of a local Eureka woman. The jury also found that the defendant personally inflicted great bodily injury on the victim and that he personally used a deadly weapon, a knife, in the commission of that crime.

The assault happened on November 28, 2014, in the area of 3rd and C Street in the City of Eureka. The defendant and the victim did not know each other. During the crime, the defendant stabbed the young woman in the face with a knife; she required nearly a dozen stitches to treat her injury. The entire incident was recorded on a neighbor’s video surveillance system and the video was presented to the jury at trial. Within minutes of the attack, medical personnel from City Ambulance were on scene to provide medical aid to the victim and officers from the Eureka Police Department arrived to arrest the defendant. The defendant has been in custody since that time.

Deputy District Attorney Roger C. Rees prosecuted the case with assistance from District Attorney Investigator Marvin Kirkpatrick and Victim/Witness Advocate Marybeth Bian. The defendant was represented at trial by Deputy Public Defender Casey Russo. The Honorable John Feeney, presided over the two-day jury trial.

The scheduled sentencing date is July 1, 2015. The maximum sentence for these crimes and special allegations is thirteen years in state prison, of which he must serve 85% before being paroled.

Jun 2, 2015

Jeremy Kish, Arcata arson suspect tries to fire his lawyer, adds more charges: sodomy by use of force and forcible oral copulation against a male victim

Jeremy Kish, appeared in court, still dressed in red, with his mouth covered, to be arraigned on yet another case. This one is a felony, sex offense about an incident allegedly "on or about May 22, 2015." The day before he was arrested for arson in Arcata at the former Alliance Market location.

If you read my first link, it mentions some of the charges and cases in Kish's lengthy record.

Last time in court, he was claiming "he was denied food and water", this time he tried to fire his court appointed lawyer, Conflict Counsel's Mr. Greg Elvine-Kreis.

I had just walked in from an arraignment in another courtroom as Kish's arraignment was going on and he was asking Judge Marilyn Miles if he could go "pro per." Mr. Elvine-Kreis was trying to talk to Kish and help him.  Judge Miles said Kish had the right to represent himself. She did advise Kish, "It is not good to represent yourself on such serious charges." But Kish insisted. "Can I represent myself on all my cases?"

Kish said, he "would rather talk" than his lawyer and Judge Miles told him, "that you don't get to talk about just anything." Judge Miles told him he needed to fill out paperwork.

Kish kept interrupting everyone throughout the court hearing and had to be cautioned several times by Judge Miles not to interrupt other people. What was the issue that he felt was "ineffective counsel"? He was not satisfied where his dog was, nor did he believe the Deputy District Attorney.

The nerve of Mr. Elvine-Kreis to focus on the serious charges against him and tried to give him proper legal representation.

While Kish was being his usual dramatic self, I decided to miss a minute of this crucial debate and I stepped out briefly to update the Jarnaghan post and when I returned, Kish still had his lawyer. DDA Jackie Pizzo was telling Judge Miles that "the People did not have the dog and he was not in police custody." His attorney said that the dog was at the Humboldt County Animal Shelter. A pet order was entered that "this dog not be destroyed" by Judge Miles.

"We are trying to do everything we can about the dog," Mr. Elvine-Kreis told Kish. "Can you focus on everything else?"

Kish was served with a protective order in court against a male confidential victim. The charges are Sodomy by use of force and Forcible oral copulation.

Dates for this case are the same as the arson case.

Previous links:

http://johnchiv.blogspot.com/2015/05/dressed-in-red-in-chains-with-mouth-and.html
http://johnchiv.blogspot.com/2015/05/jeremy-kish-arraignment-continued-as-he.html
http://johnchiv.blogspot.com/2015/05/arcata-arson-suspect-charged-with-arson.html
http://johnchiv.blogspot.com/2015/05/arcata-arson-suspect-jeremy-kish_28.html
http://johnchiv.blogspot.com/2015/05/jeremy-kish-adds-yet-another-arrest-to.html





Hoopa,softball coach and Tribal forestry employee accused of alleged sexual acts challenges protective order and attorney asks bail be reduced

William Jarnaghan was arraigned this afternoon in Courtroom 5. DDA Brie Bennett was present for the People.

7 people, possibly some members of Jarnaghan's family, one was wearing a Hoopa Tribal forestry shirt which is where Jarnaghan is also listed as working. Looks like him. The family has retained private attorney Mr. Neal Sanders. There were 7 people in court to support Jarnaghan. He was silent in court and Mr. Sanders did all the talking. Today, Mr. Sanders made a general appearance and asked bail be reduced. He also objected to the protective order and said that "the Court issued without prejudice". Mr. Sanders said "we have some issues; and referred to his points and authorities that he had submitted to the People right before court today.

Bail was already set at $300,000 but Mr. Sanders asked for a hearing for further reduction calling the amount excessive. He also asked for a referral to supervised release.

Judge Joyce Hinrichs said she would refer to supervised release, although she had a feeling about their recommendation.

The protective order and bail and firearms will all be addressed tomorrow afternoon. Channel 3 was the only other media source in the courtroom for the arraignment.

Intervention is on June 9 at  3 p.m. and Preliminary hearing is on June 15 at 8:30 a.m.


Jun 2, 2015


Hoopa softball coach charged with 6 counts of alleged sexual acts against female victim under 18

The District Attorney filed a complaint against William Joseph Jarnaghan, Jr. yesterday and he will be arraigned this afternoon in Courtroom 5, served with a criminal protective order in court, and have a review hearing on status of firearms.

All counts are against a female victim under 18 years old. Counts 1,2 and 3 are felonies. Sexual penetration/Foreign object PC 289 (h). Counts 4,5 and 6 are misdemeanors. Annoying/Molest a child under 18 years. PC 647.6 (a)(1).

If convicted, Jarnaghan will have to register as a sex offender.


Hoopa softball coach charged with 6 counts of alleged sexual acts against female victim under 18

The District Attorney filed a complaint against William Joseph Jarnaghan, Jr. yesterday and he will be arraigned this afternoon in Courtroom 5 at 1:30 p.m., served with a criminal protective order in court, and have a review hearing on status of firearms.

All counts are against a female victim under 18 years old. Counts 1,2 and 3 are felonies. Sexual penetration/Foreign object PC 289 (h). Counts 4,5 and 6 are misdemeanors. Annoying/Molest a child under 18 years. PC 647.6 (a)(1).

If convicted, Jarnaghan will have to register as a sex offender.


HCSO Press Release:

On 05-28-2015 at 1:30 p.m. Humboldt County Sheriff’s Office Detectives arrested 37 year old, William Joseph Jarnaghan for (3) three felony sexual assault allegations against a minor child and (3) three misdemeanor allegations of annoying or molesting a child under the age of 18. Jarnaghan surrendered himself to Sheriff Detectives with his attorney. The Sheriff’s Office became aware these allegations on Wednesday, 05-27-2015.Jarnaghan is a resident of Hoopa. Jarnaghan’s bail was set at $375,000 dollars.

Another probation violation arrest results in meth and marijuana found on suspect

On 06-02-2015, at about 3:20 A.M., a Sheriff’s Deputy who was patrolling the McKinleyville area observed a vehicle code violation occur at the intersection of Central Ave. and Murray Rd.  The Deputy conducted a traffic enforcement stop and contacted the driver who was identified as Grady Longacre (37) of Trinidad, Ca.

During the stop, the Deputy discovered Longacre was on felony probation, and was required to submit to a search by law enforcement.  The Deputy conducted a search of Longacre and located approximately   72.6 grams of methamphetamine hidden on his body.  A further search of the vehicle was conducted, and about one pound of processed marijuana buds were located as well.

Longacre was arrested for various drug violations and probation violation, and booked at the Humboldt County Correctional Facility.  Bail has been set at $50,000.00.





Jun 1, 2015

Man charged with 16 counts of alleged sexual acts with minor victim shakes his head in court and shows no emotion

David Viveiros, a man in his 60s, balding with a goatee and deep circles under his eye coldly stared into space and at one point shook his head as Judge Timothy Cissna read the charges against him.

He is charged with 16 felonies and Judge Cissna said there are "additional allegations against him which are serious felonies/strikes."

Viveiros told Judge Cissna he is unemployed and Public Defender Luke Brownfield was appointed to represent him.

Mr. Brownfield asked that dates be set on a "not time waived basis." Viveiros had a CLETS protective order served on him in court, which Judge Cissna told him is "effective immediately."

The date that he was "bonded to appear" was vacated and his bail bond of $25,000 was exonerated.


This is from my post earlier today at 11:16 a.m.:

David Viveiros is charged with 16 counts of alleged sexual acts with a child. 15 are with a child under the age of 10 PC 288.7 (a). Count 16 is a with a child under the age of 14.

Counts 1 and 2 sexual intercourse/sodomy; Count 3 oral copulation/penetration; Count 4 and 5 sexual intercourse/sodomy; Count 6 oral copulation/penetration; Count 7  and 8 also sexual intercourse/sodomy; Count 9, 12 and 15 oral  copulation/penetration; Count 10, 11, 13 and 14 sexual intercourse/sodomy and Count 16 is aggravated sexual assault of a child under 14.

Arraignment and bond status today at 1:30 in Courtroom 4.

No other media attended the arraignment today. 

From the Shouse law site:

Penal Code 288.7 (a) - Sodomy or Sexual Intercourse with a Child Under 10


Penal Code 288.7 section (a) applies to cases where the adult engages in sexual intercourse or sodomy on a child under 10 years of age.

Any sexual penetration of the vagina by the penis, however slight, constitutes "sexual intercourse."

"Sodomy" in California law (defined in Penal Code 286) is sexual conduct consisting of contact between the penis of one person and the anus of another person.1

In neither case is any proof of ejaculation required.2

A conviction under section (a) triggers a sentence of 25 years to life in
state prison. That is, the person must serve 25 years and afterwards would be eligible for parole consideration at a California Board of Parole (Lifer) hearing.

Penal Code 288.7 (b) - Oral Copulation or Penetration on a Child Under 10

Penal Code 288.7 section (a) applies to cases where the adult engages in oral copulation, or sexual penetration with a foreign object, on a child under 10 years of age.

Defined in Penal Code 288a, "Oral copulation" is the act of copulating the mouth of one person with the sexual organ or anus of another person. Any contact, however slight, between the mouth of one person and the sexual organ or anus of another person constitutes oral copulation. Penetration of the mouth, sexual organ or anus is not required, nor is proof of ejaculation is required.3

Defined in Penal Code 289, "Sexual penetration" is the act of causing the penetration, however slight, of the genital or anal opening of any person or causing another person to so penetrate the defendant's or another person's genital or anal opening for the purpose of sexual arousal, gratification, or abuse by any foreign object, substance, instrument, or device, or by any unknown object. The words "foreign object, substance, instrument or device" include any part of the human body, except a sexual organ.4

A conviction under section (b) triggers a sentence of 15 years to life in state prison. That is, the person must serve 15 years and afterwards would be eligible for parole consideration at a California Board of Parole (Lifer) hearing.

Benjamin Carter dates remain set

Courtroom 1
Judge John Feeney
People: DDA Roger Rees
Defense: Mr. Michael Acosta
Pre-trial conference today

Dates remain set. The only change seems that DDA Roger Rees is prosecuting the case now instead of DDA Andrew Isaac.

Read this morning's post, with extensive background and context, for background. Click on the link or scroll down.

http://johnchiv.blogspot.com/2015/06/will-writ-and-stay-on-jury-trial-for.html

Only Channel 3 and myself were in court today.

David Viveiros charged with sexual intercourse, sodomy, oral copulation and aggravated assault, 16 counts, 15 with a child under 10, other victim under 14

David Viveiros is charged with 16 counts of alleged sexual acts with a child under the age of 10 PC 288.7 (a).

Counts 1 and 2 sexual intercourse/sodomy; Count 3 oral copulation/penetration; Count 4 and 5 sexual intercourse/sodomy; Count 6 oral copulation/penetration; Count 7  and 8 also sexual intercourse/sodomy; Count 9, 12 and 15 oral  copulation/penetration; Count 10, 11, 13 and 14 sexual intercourse/sodomy and Count 16 is aggravated sexual assault of a child under 14.

All charges are the same victim.

Arraignment and bond status today at 1:30 in Courtroom 4.

Arcata home invasion suspect Robert Huntzinger

Arcata home invasion suspect Robert Huntzinger who was arrested for the May 9 home invasion robbery and homicide of Trevor Harrison, along with Billy Joe Giddings  is scheduled for a pre trial hearing this afternoon in Courtroom 5 at 2 p.m, the same time as Benjamin Carter in another courtroom.

If there are any new developments, I will do an update.

This is the same incident in which Kimberly Steele was arrested and later released.

Will the writ and stay on Jury trial for Benjamin Carter be addressed this afternoon and will the July 6 date be delayed?

Today, at 2 p.m. there is a pre-trial conference scheduled for Benjamin Carter in Courtroom 1. Will the writ filed by Carter be addressed this afternoon?

The district attorney has issued subpoenas for Thomas Smith and Margaret Bigger.

Stay tuned for original news, original research and more breaking news including People's response on the Carter case and check this blog for an update later this afternoon>


Yesterday, I published this post;

Murder charge dismissed, bail reduced, now Benjamin Carter's attorney files appeal to stay jury trial and challenges order adding new allegations; will there even be a case left to try?


On May 16, I published this post, http://johnchiv.blogspot.com/2015/05/exclusive-remarks-from-benjamin-carters.html


May 16, 2015


Exclusive remarks from Benjamin Carter's attorney and the entire text of the 995 motion that got the murder charge dismissed against Carter


On May 15, Benjamin Carter withdrew his time waiver. He did not accept the People's offer. Dates were set; Pre trial June 1 at 2 p.m. Trial Confirmation June 24 at 2 p.m. Jury trial July 6.
On May 14, Carter got a reduction in bail but not exactly what he wanted. http://johnchiv.blogspot.com/2015/05/benjamin-carters-bail-reduction-hearing.html

On May 13, Judge John Feeney granted the defense's 995 motion and that got the murder charge dismissed against Carter. I did another post on May 13, May 13, 2015 Now that defense won the 995 motion in the Benjamin Carter case, can they file and win a Romero motion for Count 2

There are court hearings only I have attended. I have exclusives on this case not available anywhere else. 

Now, another exclusive in the Carter case. His attorney Michael Acosta has  filed a First Amended Notice of Motion filed on May 13, 2015  in the Humboldt Superior Court to set aside information that states "the defendant was committed without reasonable or probable cause and/or the defendant's due process rights have been violated by the addition of new allegations to the information after the preliminary examination." A memorandum of points and authorities, a transcript of the preliminary hearing and oral arguments will be presented when a hearing is scheduled on this motion.

On May 28, Mr. Acosta served a Petition of Writ of Mandate, Prohibition or Other Appropriate Relief on Judge John Feeney (respondent), District Attorney's Office (Real Party of Interest) and Carter (Petitioner) who is in custody in the First Appellate District of California Court of Appeals
requesting a stay of July 6 jury trial and this regarding the May 13, 2015 order allowing the People correction of the preliminary examination record according to Penal Code 995A.

"Mr. Carter has petitioned the First District Court of Appeal for an alternative writ of prohibition, per Penal Code section 999a, which, if issued, would prohibit the Superior Court in and for the County of Humboldt from proceeding with a jury trial against him, on the only remaining count [Possession of a Firearm by a Prohibited Person], on the premise that the Superior Court abused its discretion in allowing the District Attorney's office to cure, via Penal Code section 995a(b)(1), a concededly defective preliminary hearing transcript that lacked evidence elementary to said count," said Mr. Acosta when I contacted him about this writ.

This is from the Apellate Court of Appeals site:

Brief Filed 05/31/2015
Record on Appeal Filed 05/31/2015
Remittitur Issued 05/31/2015
Petition for Review Granted in Supreme Court 05/31/2015
Extension of Time 05/31/2015
Opinion Available Online 05/31/2015
Petition for Rehearing/Modification of Opinion 05/31/2015
Calendar Matters 05/31/2015
Disposition        05/31/2015

Stay tuned for original news, original research and more breaking news including People's response on the Carter case and check this blog for updates.

Previous post from May 4 with links to other coverage on this case:
http://johnchiv.blogspot.com/2015/05/peoples-opposition-to-defense-995.html

May 31, 2015

Concentrated cannabis cause of fire in Cutten this morning

At 1008 AM Sunday 05-31-2015 units from Humboldt Bay Fire responded to an explosion and small fire behind a residence on Cedar street in Cutten. The first arriving unit found a 20x20 shed/greenhouse that had completely collapsed due to an explosion. The small fire that was started by the explosion was extinguished. Crews searched the collapsed building and also the yard area and found no victims. Bystanders reported a male was seen running on Cedar Street just after the explosion, however he was not found in the area on fire department and Humboldt County Sheriff's arrival.  After investigation the cause of the fire was found to be related to the manufacturing of concentrated marijuana using flammable gases. The gas was ignited by an electric motor.
Debris from the shed was spread into neighboring yards and caused damage to a neighbor’s home.  No injuries were reported although it is suspected that the person seen fleeing from the scene had burn injuries to his face and hands.
2 engines, 2 chief officers and 2 volunteers responded for a total of 10 personnel. The fire cause and origin investigation was completed at 3 pm.
The home was turned over to the Humboldt County Sheriff as the owner of the property was not present.

Murder charge dismissed, bail reduced, now Benjamin Carter's attorney files appeal to stay jury trial and challenges order adding new allegations; will there even be a case left to try?

On May 16, I published this post, http://johnchiv.blogspot.com/2015/05/exclusive-remarks-from-benjamin-carters.html


May 16, 2015


Exclusive remarks from Benjamin Carter's attorney and the entire text of the 995 motion that got the murder charge dismissed against Carter


On May 15, Benjamin Carter withdrew his time waiver. He did not accept the People's offer. Dates were set; Pre trial June 1 at 2 p.m. Trial Confirmation June 24 at 2 p.m. Jury trial July 6.
On May 14, Carter got a reduction in bail but not exactly what he wanted. http://johnchiv.blogspot.com/2015/05/benjamin-carters-bail-reduction-hearing.html

On May 13, Judge John Feeney granted the defense's 995 motion and that got the murder charge dismissed against Carter. I did another post on May 13, May 13, 2015 Now that defense won the 995 motion in the Benjamin Carter case, can they file and win a Romero motion for Count 2

There are court hearings only I have attended. I have exclusives on this case not available anywhere else. 

Now, another exclusive in the Carter case. His attorney Michael Acosta has  filed a First Amended Notice of Motion filed on May 13, 2015  in the Humboldt Superior Court to set aside information that states "the defendant was committed without reasonable or probable cause and/or the defendant's due process rights have been violated by the addition of new allegations to the information after the preliminary examination." A memorandum of points and authorities, a transcript of the preliminary hearing and oral arguments will be presented when a hearing is scheduled on this motion.

On May 28, Mr. Acosta served a Petition of Writ of Mandate, Prohibition or Other Appropriate Relief on Judge John Feeney (respondent), District Attorney's Office (Real Party of Interest) and Carter (Petitioner) who is in custody in the First Appellate District of California Court of Appeals
requesting a stay of July 6 jury trial and this regarding the May 13, 2015 order allowing the People correction of the preliminary examination record according to Penal Code 995A.

"Mr. Carter has petitioned the First District Court of Appeal for an alternative writ of prohibition, per Penal Code section 999a, which, if issued, would prohibit the Superior Court in and for the County of Humboldt from proceeding with a jury trial against him, on the only remaining count [Possession of a Firearm by a Prohibited Person], on the premise that the Superior Court abused its discretion in allowing the District Attorney's office to cure, via Penal Code section 995a(b)(1), a concededly defective preliminary hearing transcript that lacked evidence elementary to said count," said Mr. Acosta when I contacted him about this writ.

This is from the Apellate Court of Appeals site:

Brief Filed 05/31/2015
Record on Appeal Filed 05/31/2015
Remittitur Issued 05/31/2015
Petition for Review Granted in Supreme Court 05/31/2015
Extension of Time 05/31/2015
Opinion Available Online 05/31/2015
Petition for Rehearing/Modification of Opinion 05/31/2015
Calendar Matters 05/31/2015
Disposition        05/31/2015

Stay tuned for original news, original research and more breaking news including People's response on the Carter case and check this blog for updates.

Previous post from May 4 with links to other coverage on this case:
http://johnchiv.blogspot.com/2015/05/peoples-opposition-to-defense-995.html