Jul 11, 2015

Gay man files $70 million lawsuit against bible publishers

http://dailyheadlines.net/2015/07/gay-man-files-70m-suit-against-bible-publishers-over-homosexual-verses/

http://www.tpnn.com/2015/07/10/gay-man-files-70m-suit-against-bible-publishers-over-homosexual-verses/ű

"Because he started doing speed again, wouldn't see his kids, his wife had a restraining order against him"; son faces mother whose home he allegedly invaded and robbed

Seth Morton, a suspect in the Garberville home invasion of his mother's home had a preliminary hearing scheduled for June 1. It was finally held July 8 and went on for three mornings. Seth Morton was held to answer on all charges, except Count 3, which was a burglary charge.

Deborah Morton testified in the preliminary hearing for his co-defendant Bret Swortzel and since that is testimony linked in the Swortzel post below, I have only included Eversole's testimony in this post. Deborah Morton's testimony describes masked men entering her home, a struggle with her partner.

DDA Stacey Eads prosecuted the case. Mr. Kevin Robinson from the Public Defender's office was appointed to represent Swortzel.

Douglas Eversole  said Deborah Morton is "my girlfriend, my life partner." They have been together for 7 years, although we have known each other since 1984. Eversole said he had known Seth Morton since he was a baby.

On February 20, they went to the park to visit with Deborah's grandchildren and Seth Morton's ex-wife. When they returned home, their laptops, camera, back up computer drives and truck were missing. Eversole was very detailed in his description of the items and where they were placed.

He said he always leaves his keys in the truck and it is parked behind a locked gate. "We have never had any issues in 32 years." He looked at Seth Morton when he was describing the items and said, "He went and took them." Eversole said that he had shown Seth Morton the camera thinking that Seth Morton might "want pictures of his kids who he had not seen in years."

Eversole said that they never locked their doors because "we live so far from town. Six and a half miles one way on a road. You have to drive past 15 parcels." Eversole added, "We don't have problems in our community."

Eversole said that Seth Morton did not have permission to be in the house or use the truck. "Because he started doing speed again, wouldn't see the kids, his wife had a restraining order against him." Mr. Robinson asked that the last part about the restraining order be stricken from the record.

Eversole said Seth Morton had not been to see his mother in 13 months. "I didn't have a relationship with him. He was there for his mother. She wanted him there really bad."

All their stuff was recovered except for a hand held radio and rechargeable battery on February 22, the truck was found near Harris and Alderpoint Road. Seth Morton was arrested.

Deborah Morton's testimony picks up on the night of March 3. Before they went to bed, they noticed a vehicle down the hill parked with lights on. Eversole said Deborah Morton "remarked on it but he brushed it off as it probably being kids."

Previous posts:

http://johnchiv.blogspot.com/2015/05/seth-morton-preliminary-continued-now.html
http://johnchiv.blogspot.com/2015/05/continuance-filed-in-seth-morton-case.html
http://johnchiv.blogspot.com/2015/03/seth-morton-arrested-for-garberville.html


Defense's request to lower bail for Bret Swortzel denied

Bret Swortzel, the other co-defendant in the Garberville home invasion case involving his co-defendant's mother Deborah Morton may be out of custody soon.

Deborah Morton and her life partner Douglas Eversole have been in Eureka for three days since they testified at Seth Morton's preliminary hearing. They also attended court hearings for Swortzel and Logan Bremer.

Bremer was arrested recently on other charges.

All three men were cited as suspects in the alleged home invasion. Swortzel was held to answer on all charges after his preliminary hearing. DDA Stacey Eads prosecuted both Bremer and Seth Morton.

Michael Acosta is representing Swortzel.

On July 10, during the trial assignment calendar, Mr. Acosta tried to have Swortzel released by Visiting Judge Bob McNatt by asking for bail reduction. He argued that Swortzel had already served "time in excess " on his probation case and that Swortzel would admit to the violation but the People's offer required Swortzel to admit to the new charges on the felony.

Swortzel also has a jury trial scheduled next week which will be impacted by the lack of courtroom availability. He has also a hearing on his probation violation. The matter was referred back to Courtroom 4 to Judge Cissna later that afternoon.

Deborah Morton's attorney Ed Denson handed Judge Cissna a letter from the victim. Mr. Acosta reiterated his argument from the morning. Judge Cissna asked him if he had any legal authority to cite. Mr. Acosta responded, "I don't."

DDA Stacey Eads cited Penal Code 3455, subsections (a) and (e) and her argument on why it applied to Swortzel bail and release argument by Mr. Acosta.

Judge Cissna left bail as set and denied Mr. Acosta's request.


Previous posts:

http://johnchiv.blogspot.com/2015/05/bret-swortzel-among-gang-of-men-in.html
http://johnchiv.blogspot.com/2015/05/bret-swortzel-of-island-mountain-held.html
http://johnchiv.blogspot.com/2015/05/da-charges-island-mountain-home.html

Home invasion suspect Logan Bremer jury trial delayed yet again

A disposition and reset hearing was set for August 5 at 2 p.m. after Logan Bremer's attorney Mr. Michael Acosta made an oral motion that was granted by Judge John Feeney on July 10. DDA Roger Rees was present for the People.

"A large amount of discovery" was one of the reasons provided by Mr. Acosta.


Previous post:

Jun 17, 2015

Home invasion suspect Logan Bremer rejects People's offer of 15 years; instead he may take a chance to go to trial and have a sentence "for life"

Logan Bremer's girlfriend, his mother and two other supporters were in court today. Bremer is represented by private attorney, Mr. Michael Acosta. DDA Kelly Neel was in court today instead of DDA Roger Rees.

Mr. Acosta told Judge John Feeney that the "People have not come down from their offer of 15 years." Outside the courtroom he told me that the 15 years was "instead of life."

Mr. Acosta reiterated that there were "995 issues that he would be filing". This time his girlfriend blew a kiss as he exited the courtroom. His mom left the courtroom in tears.


May 29, 2015

Home invasion suspect Logan Bremer may not go to trial due to "995 issues"? Blows a kiss to his "boo" as he exits court




Logan Bremer's arraignment was continued from this Wednesday and completed today in Courtroom 1. He is being represented by Michael Acosta, Benjamin Carter's attorney.

Bremer did not waive time. Mr. Acosta hinted at "mostly 995 issues" today.  Trial Confirmation is on July 8 at 2 p.m. and Jury trial is on July 20.


As he exited the courtroom, he blew a kiss at his "boo."


Mar 12, 2015


Home invasion suspect arrested after citizen tip

On 03/12/15 at about 11:49 a.m., an Officer with the Eureka Police Department observed Logan Bremer, 32 of Eureka, driving a vehicle near Wabash and Summer Streets.  The officer knew Bremer was a suspect in a home invasion robbery on 03/03/15 in the town of Harris and had felony warrants.

The officer attempted to get in the position to make a traffic stop but Bremer was able to elude the officer.  Several citizens noticed Bremer driving recklessly and pointed officers towards the vehicle.  Officers located the vehicle unoccupied near the 1100 block of E Street.

Officers set a perimeter and were again assisted by several citizens who pointed officers towards Bremer and a male passenger.  Bremer was taken into custody near the 1000 block of G Street.  The passenger, Daniel Fidler, 41 of Fortuna, was found nearby and also taken into custody.

Bremer and Fidler were transported to the Humboldt County Correctional Facility.  Bremer was booked on his felony warrants for home invasion, burglary, shooting at an inhabited dwelling, possession of a firearm during the commission of a felony, and being a felon in possession of a firearm.  Fidler was booked on fresh charges of violation of probation and possession of methamphetamine.

The Eureka Police Department thanks the citizens who assisted in locating the vehicle and suspects.

Frequently booked Misty Dawn Miller asks her attorney in court, "Is that bad?"

Misty Dawn Miller, a frequent on being booked in jail, since her release in March, is back in court for a parole violation. In this new case, she is charged with petty theft, receiving stolen property and unauthorized entry.

If this sounds familiar, go back in the court time machine to 2014. DDA Jackie Pizzo present for the People. Mr. Casey Russo from the Public Defender's Office was appointed to represent Miller. She asked him as he walked over to her, "Is that bad?"

Preliminary hearing is August 3.



This is a photo from the last arrest.

Previous posts:

http://johnchiv.blogspot.com/2014/03/attempted-burglary-arrest-results-in.html
http://johnchiv.blogspot.com/2014/03/miller-and-arriaga-appointed-counsel.html
http://johnchiv.blogspot.com/2014/07/sentenced-april-22-2014-booked.html

Defense may issue "contempt" for subpoena records not provided to former teacher accused of sexual battery and false imprisonment

The jury trial for Ronald Young, a former Humboldt County Office of Education teacher who is charged with four felonies and a misdemeanor might be one of the casualties of "too many cases, not enough courtooms".

Count 1 is Penal Code 220 (a) 1 Rape, Count 2 is Penal Code 243.4 (a) Sexual battery, Count 3 is Penal Code 236 False imprisonment, Count 4 is 273.5 (a) Inflict Corporal injury on a spouse/cohabitant and Count 5 is 591.5 Damage/destroy Wireless Communication.

The jury trial was scheduled for July 13. At the trial assignment calendar Friday morning, the issue of subpoenas requested by the defense remained unresolved until later that afternoon. Due to courtroom unavalibility,  Young's attorney Mr. Neal Sanders said "good cause" had been shown and agreed to have the case put on trial assignment for July 17, with the jury trial to start July 20. Visiting Judge Bob McNatt handled those assignments in Courtroom 2.

Later that afternoon, the second subpoena had been scheduled to be heard by Judge Timothy Cissna is Courtroom 4 and an "in-camera hearing" of why the records were being reqiested and it was held ex-parte with Mr. Sanders.

After that hearing, Judge Cissna opened the courtroom. He informed the attorneys that the jury trial was set on the calendar to be called on July 14 and may be ready to go any day next week, even that day.

His decision was to release certain records but not others. Mr. Sanders had not received the mental health records requested. Judge Cissna did not have them, Mr. Sanders said he would check with County Counsel and "may issue a contempt."

DDA Stacey Eads has been handling the case for her colleague, Ms. Kelly Neel, who is prosecuting this case. The victim expressed her objections in court on July 8. DDA Stacey Eads said the defense had to show why their need for the records triumphed the victim's privacy.

Previous post:

johnchiv.blogspot.com/2015/07/former-hcoe-teacher-who-worked-with.html

Partially nude woman who tried to flee the scene arraigned, didn't care to have an attorney appointed and did not want an OR/Bail hearing

Valerie Sue Robinson, the partially nude woman, allegedly throwing sticks at passing cars and tried to flee by reversing a car and attempting to "collide" with a  Sheriff's Deputy and then fleeing from 3 CHP officers was arraigned on July 10 in Courtroom 4.

She kept trying to talk about her case and incriminate herself as the charges and Judge Timothy Cissna had to stop her and advised her to talk to an attorney. When he asked her, if he should appoint an attorney, she just shrugged and said, "I guess." Then she proceeded to argue with her court appointed attorney. Conflict Counsel's Mr. Kaleb Cockrum, who was subbing that day for his colleague, David Lee, had to hush her to, he finally calmed her down. When he asked her if he should request an OR/Bail hearing, she emphatically said "No!"

Intervention is set for July 23 at 3 p.m.

See link for press release and background:

http://kymkemp.com/2015/07/08/partially-nude-woman-tried-to-evade-deputy-and-three-chp-officers-yesterday/


Safeway suspect who attempted to escape with taser sentenced

Robert Cordero, the man who tried to steal groceries from Safeway and attempted to escape while holding a taser was sentenced on July 6 afternoon.

I was in another courtroom so will update post with details of sentence Monday.

Previous posts:

http://johnchiv.blogspot.com/2015/05/he-took-food-items-from-safeway-because.html
http://johnchiv.blogspot.com/2015/05/safeway-taser-suspect-shhpts-his-mouth.html

U.S. Supreme Court says you don't need a warrant, Oregon Supreme Court says police must show good cause to search for weapons

http://rt.com/usa/police-warrantless-search-permission-744/

Excerpt from link above:

The US Supreme Court has ruled that police may search a home without obtaining a warrant despite the objection of one occupant if that occupant has been removed from the premises.
With its 6 to 3 decision in Fernandez v. California on Tuesday, the Court sided with law enforcement’s ability to conduct warrantless searches after restricting police powers with its 2006 decision on a similar case.
The Supreme Court on Monday ruled that a municipal law forcing hotels to give police information about their guests without a warrant is unconstitutional, in a major win for privacy advocates.

In a 5-4 decision, justices declared that the 1899 Los Angeles law violated the Constitution by depriving hotel owners of a chance to challenge the ruling. 

http://www.oregonlive.com/portland/index.ssf/2015/07/cops_must_have_good_reason_to.html
The Oregon Supreme Court ruled police must have a good reason to search for weapons

Jul 10, 2015

Another meth bust involving Little Eagle Moon right outside KAEF studios

Little Eagle Moon, one of  3 people arrested by EPD right in front of KAEF's new studios has been busted for meth before.

North Coast News broke this story live on their 6 p.m. news cast.

http://m.krcrtv.com/3-arrested-following-felony-traffic-stop-search-in-eureka/34107078

From Two Rivers Tribune website:

Tribal Police On May 11, 2012 Hoopa Valley Tribal Police Officers conducted a traffic stop for vehicle code violations. Officers located approximately 3 grams of Methamphetamine individually packaged for sales and cash. Little Eagle Moon was arrested for possession of Methamphetamine for sales. The officers later served a search warrant at the Moon residence on Tish Tang Road where they discovered another 12.3 grams of Methamphetamine, over $4,000, packaging materials, and prescription narcotics. Officers arrested Terry Ballard for possession of Methamphetamine and Tisha White for possession of Narcotics for sale at the residence. The Hoopa Valley Tribal Police Department would like to thank the community for their continuing support and tips against the sales of controlled substances. Anyone with information regarding the sales of control substance is asked to contact the Hoopa Valley Tribal Police Department and (530) 625.4202. 


Gene Chester Nelson stole Carhart pants in a robbery at the McKinleyville ace Hardware store earlier this year.

http://lostcoastoutpost.com/2015/feb/12/robbery-mckinleyville-ace-hardware/

Too many cases, not enough courtrooms next week

This is not earth shattering news for attorneys, clients or court staff because it is not unusual for those that deal with it daily. Courtroom Services Division Manager, Ms. Lisa Chapman and her staff deal with last minute changes, accommodating lack of courtrooms with the rights of defendants to have their cases heard in a timely manner.

Take next week for example, there were two preliminary hearings and 4 jury trials scheduled for Monday that I am following and that does not even cover all the cases that are scheduled for the rest of next week. Next week, Courtroom 1 is closed all week and Courtroom 2 until Thursday. Courtroom 4 already has jury selection for a trial that may take until the end of the month or longer. Courtroom 5 is available until end of August. Courtroom 8 is in a jury trial until July 15. Other courtrooms do not hear criminal cases, usually and handle other types of cases.

Today Visiting Judge Bob McNatt went through the jury trials with DDA Wes Keat there for the People.

I will be posting updates on the Kailan Meserve and David Viveiros case once I know what happens Monday morning. The Ronald Young jury trial  has been put over for the trial assignment calendar on July 17, to commence July 20. There was a hearing on subpoenaed records on Wednesday and later today, there is may be an ex-parte hearing and I will update after.

The Benjamin Carter case is scheduled for this Monday morning but may be heard in a courtroom in the afternoon. That decision will be made next week.

All these cases have been covered recently on the blog and can be accessed through the search feature if you are not familiar with the cases.

Not enough funding, not a big enough courthouse, due process all are challenges that affect when a case goes to trial. Now if those alleged criminals would only take a break instead of committing five to ten crimes daily, we could actually focus on other issues impacting the community.

Humboldt County Superior Court CEO Kerri Keenan announces retirement?

According to more than one source from outside the Courthouse, Ms. Kerri Keenan announced her retirement this Wednesday.

Ms. Keenan did confirm that she is retiring.

"I am retiring on  July 31, 2015. The Judges will determine what the next step is.  I report to the Judges."

Some of the changes under Ms.Keenan's helm were court calendars being digital, the Sustain court record system.


Jul 9, 2015

A place I felt safe at, will it ever be the same again?

A 78 year old Catholic woman who volunteered for a Grass Valley Catholic church was brutally beaten and left for dead July 5, 2015 in an attempted murder and car jacking.

Details that were not in the news but shared through a facebook post on a Catholic group page from a church source said that the woman weighed less than 100 pounds;  she was beaten severely in the head and face; then picked up and tossed in the bushes were she lay unconscious for three hours until she was discovered.


Last June, two Arizona priests were shot dead in a botched burglary attempt and their car was stolen. The suspect was a former felon released two months earlier from prison living in a half way house.


The night before he was released from Humboldt County Correctional Facility, the same night that minutes later, he went to St. Bernard’s Church and he brutally murdered and tortured Fr. Eric, tried to set the rectory on fire and stole his car, was not Gary Lee Bullock’s first encounter with the criminal justice system. He too was released  into the community, again. Unlike, the Grass Valley suspect and the Arizona suspect,  Bullock was not transient or living in a half way house. He was the only one on cameras documented entering and exiting the rectory. There is no doubt who killed Fr. Eric.

Gary Lee Bullock violated the sacred space of my church and brutally murdered my priest Fr. Eric January 1, 2014. Two months later, the rectory was broken into, again, by a former drug addict who walked down three blocks from a halfway house.  Later the same  year, a church door vandalized, which would have burned completely had the fire alarms not gone off.

During Christmas last year, someone stole a Christmas ornament specially made for Fr. Eric which was supposed to be given to his twin sister who has moved to Humboldt.

We have never had so many incidents in the Church in one year.

Mentally ill and confrontational transients are outside and inside my church daily. We still welcome everyone.

 On a Sundays and many others days, like this woman, I am alone opening up church. On the day, Fr. Eric’s body was later discovered, I had walked up the pathway to the church, alone.

Many churches, including ours, have volunteers and staff alone at times.

The police cannot do much about someone mentally ill or even loitering unless there is attack.

A place I felt safe at has never been the same again.

I don't cower in fear; lack of my personal safety does not consume my thoughts all the time. In fact you could not tell because faith and joy has not been extinguished by Bullock.

But this recent article and others have brought up the pain and devastation of January 1, 2014 again.

While criminals and the insane roam the streets of Eureka and other places terrorizing citizens, Bullock and others sit safe and warm and physically protected by brave men and women just doing their job. They are further shielded by legal rights and excuse after excuse made for them even when they feel no remorse and accept no responsibility. All this on tax payer dime after their decisions and weaknesses cause devastating consequences.

These church goers, our church, the congregation in South Carolina pray and forgive the very people who violate and hurt us.

Forgiveness is good. Faith is a great source of strength in coping with tragedy.

It should never be an excuse for society to overlook the rights and feelings of the innocent victims.



To come to a point of forgiveness for someone heinous is not easy, even if we make it look easy.

Jeremy Kish on his way to Napa State, will Gary Lee Bullock be next?

Jeremy Kish, the suspect in arson at the former Alliance Market, among other cases will be going here.

If Gary Lee Bullock is found not guilty by insanity, this is where he could be sent for life for the murder of Fr. Eric Freed.

http://www.dsh.ca.gov/napa/LegalCommitments.asp

- Napa: Legal Commitments and Court Commitments

DSH - Napa - Forensic Legal Commitments

Northern California adult mentally disabled patients under specific forensic legal classes are considered for admission when referred by another state hospital, Conditional Release Program (CONREP), the California Department of Corrections & Rehabilitation (CDCR), Outpatient Parole and Department of Juvenile Justice (DJJ). These patients shall be rated as low to medium security risks using the Department of Mental Health (DMH) risk assessment tool. Napa State Hospital provides mental health treatment services to both male and female patients. Each person is afforded equal access to admission regardless of race, color, creed, national origin, ancestry, sex, marital status, disability, religious or political affiliation, age, sexual orientation or ability to pay.

Penal Code

Court Commitments – Forensic Admissions

PC 1026

Not Guilty By Reason of Insanity (NGI)

PC 1370

Incompetent to Stand Trial

PC 1370.01

Misdemeanant Incompetent to Stand Trial

PC 1372(e)

Prior PC 1370 requiring inpatient treatment in order to maintain competency during criminal proceedings (EIST)

PC 2964

Mentally Disordered Offender Parolee from California Department of Corrections (CDCR) Community Outpatient Treatment under CONREP (MDO)

PC 2972

Mentally Disordered Offender Ex-Parolee from CDCR, committed to Department of Mental Health (DMH) on a civil commitment for one year (MDO)

PC 2974

Parolee from CDCR Outpatient Parole admitted under Lanterman-Petris-Short (LPS) provisions

PC 1610

PC 1610 is the mechanism for hospitalizing an patient who has been living in the community under the supervision of CONREP, pending a determination to revoke or continue outpatient treatment status. These classes are listed as follows:

TANGI 1610 (RO 1026 or ROMNGI) Re-hospitalization of NGI or MNGI

TAIST 1610 (RO 1370) Re-hospitalization of IST

TASEX 1610 (RO MDSO) Re-hospitalization of MDSO

RO 2972 Re-hospitalization of PC 2972

WIC 702.3

Minor Not Guilty by Reason of Insanity (MNGI)

WIC 1756

CDCR – DJJ (formerly Youth Authority) Commitment

WIC 6316

Mentally Disordered Sex Offender (MDSO)

Northern California Counties

Direct court commitments are accepted for PC 1026 and PC 1370 commitments with low-to-medium security risk ratings committed from the following Northern Counties: Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Glenn, Humboldt, Lake, Lassen, Marin, Mendocino, Modoc, Napa, Nevada, Placer, Plumas, Sacramento, San Francisco, San Joaquin, San Mateo, Shasta, Sierra, Siskiyou, Sonoma, Solano, Sutter, Tehama, Trinity, Tuolumne, Yolo, and Yuba.

DSH - Napa – Civil Commitments


the Department of State Hospitals - Napa provides mental health treatment services to both male and female patients. Each person is afforded equal access to admission regardless of race, color, creed, national origin, ancestry, sex, marital status, disability, religious or political affiliation, age, sexual orientation or ability to pay.

Short-Doyle Admissions: Adult mentally disordered patients, who are referred from their respective County Mental Health Departments by means of a Short-Doyle authorization, are considered for admission to Napa State Hospital as a voluntary or involuntary admission.

Lanterman-Petris-Short (LPS): Adult patients who are admitted under LPS involuntary hospitalization, must meet eligibility requirements of danger to self, grave disability or danger to others due to a mental disorder as defined in WIC 5150, et seq.

WIC 5150

72-hour detention for treatment and evaluation.

WIC 5250

14-day certification for intensive treatment.

WIC 5260

14-day additional certification for suicidal persons.

WIC 5270.15

30-day certification additional treatment for gravely disabled persons.

WIC 5304

180-day post certification for treatment of demonstrated dangerous persons.

WIC 5353

Temporary conservatorship for treatment of gravely disabled persons.

WIC 5358

Conservatorship for treatment of gravely disabled persons.

WIC 6000

Voluntary-signed in by self.

WIC 5008 (h)(1)(b)

Murphy’s Conservatorship for treatment of demonstrated danger, felony charges, not competent to stand trial.

PC 1370.01

Misdemeanor IST. Incompetent to stand trial, misdemeanor charges.



California Cannabis Voice Humboldt's new site with board member list

http://ccvhumboldt.org/about/

CCVH's new site. Luke Bruner told me that the board members names are there since 2 weeks.

This is the site I last checked
http://humboldtcounty.nationbuilder.com/
and when I checked it last, I could not find the link to the new site so I appreciate Luke letting me know.


It still begs the question, who, if anyone left? The names and the press conference have only been available for two weeks. Richard Marks did tell LOCO that there would be reorganizing after the Island Mountain bust.

Luke and Richard have been very forthcoming. Luke is,willing to answer questions. I would urge other board members to talk to people beyond the usual people who they may know in the cannabis community.

Good questions have been raised by the community. In fairness to CCVH, are there competitors in the cannabis industry who are some of their anonymous detractors?

Thank you Rose, Ryan and Lindsay




For your support in linking to my blog but more so for giving credit where credit is due.

Rose, you are a great friend and my biggest supporter since I started this blog. Ryan and LOCO, you link me and have credited me in posts, especially my scoops. Lindsay, I just love seeing my name on your web site as contributing to certain news , and you are a joy to work with; you make me miss my journalist days.


Machete wielding suspect who allegedly robbed and took a pizza delivery van, previously busted for meth,

A disposition and reset hearing was scheduled in Courtroom 2 today for Charles Kesserling.

Intervention is August 6. Preliminary hearing is August 12.


Previous posts:


Jun 9, 2015


Machete wielding pizza delivery suspect gives attitude to Judge in court, bail set at $100,000

Judge Marilyn Miles said Charles Kesserling was not bailable but today Visiting Judge Dennis Buckley set his bail for $100,000. Kesserling was arraigned previously on a probation revocation case. Today's hearing dealt with charges from Kesserling allegedly robbing and taking a vehicle from a pizza delivery driver.

This link has the background to that court hearing:
http://johnchiv.blogspot.com/2015/06/machete-wielding-thief-who-robbed-pizza.html

When Judge Buckley asked him if he wanted an attorney, he snapped, "Yes." Instead of focusing on what was going on in court about his case, Kesserling stared coldly at me and others in the audience.

Mr. Marek Reavis, from Conflict Counsel was appointed to represent Kesserling. DDA Zach Curtis was present for the People. All Kesserling cared about the other day and today was, "What are my charges?" Intervention is set for June 18 at 3 p.m. in Courtroom 2 and Preliminary hearing is set for June 22 at 8:30.

Jun 8, 2015


Machete wielding thief who robbed pizza delivery driver not bailable, next court date June 29

Charles Kesserling looked shocked in Courtroom 2 today as he was arraigned on a petition to revoke probation this afternoon. He is in custody for the incident below. Judge Marilyn Miles said he is not bailable. Mr. Casey Russo from the Public Defender's office is appointed to defend Kesserling. DDA Whitney Barnes was in court for the People.

Next court date is June 29.



HCSO Press release:

On 05-26-2015 at 11:50 p.m. the Humboldt County Sheriff’s Office Deputies were dispatched to the Manila Community Center in Manila, regarding a robbery that had just occurred. When deputies arrived on scene they contacted the 22 year old male victim. The victim told the deputies that he is a pizza delivery driver. The victim said he received an order to deliver pizza to the Manila Community Center. The victim said when he arrived in his vehicle he was met by two adult males.

The victim asked the males if they had ordered a pizza and they replied, “Yes”. One of the suspects approached him and asked if he had any change for a $50.00 dollar bill. The victim said he told him, yes he had change. The victim said the suspect then produced a machete and order him to exit his vehicle. The victim described the machete as about 18” to 24” in length. The suspect then took the victim’s wallet, cell phone and took his keys to his vehicle.

The victim said the suspect told him to lie on the ground and said, if you move, I will kill you. After a few moments the suspect told the victim, get up and run. The victim said he got up and ran towards the ocean into a wooded area. The victim said he then stopped and he could hear a male voice yell, keep running or else. The victim said he then took off running again. The victim said when he stopped running the second time he heard his vehicle drive away from the area.

As deputies were taking the report from the victim, California Highway Patrol received report of a possible traffic accident. The vehicle involved in the traffic accident belonged to the victim .The victim’s vehicle had crashed into a wire fence at the intersection of Jackson Ranch Road and SR255. When CHP arrived they did not locate anyone around the vehicle.

The deputies were able to identify one of the two suspects in this case. The suspect who threatened the victim with the machete has been identified as 29-year-old Charles Albert Kesselring from Eureka. The victim was unable to provide a description on the second suspect.

Another previous arrest:

 A press release from Ukiah police:

Suspects/Charges:
Kesselring, Charles Albert (male, 29, Eureka)
10851(a) CVC-Vehicle theft-felony
496(a) PC-Possession of stolen property-felony
2800.1(a) CVC-Evading-misdemeanor
11377(a) HS-Possession of a controlled substance-misdemeanor
148(a)(1) PC-Resist/delay officer-misdemeanor
12500(a) CVC-Unlicensed driver-misdemeanor
Wall, Jennifer Rebecca (female, 36, Eureka)
10851(a) CVC-Vehicle theft-felony
496(a) PC-Possession of stolen property-felony
11377(a) HS-Possession of a controlled substance-misdemeanor
484(a) PC-Theft-misdemeanor
490.5(a) PC-Shoplifting-misdemeanor
On 5-29-15 at approx. 7:15 PM, UPD officers were dispatched to the area of Wal-Mart regarding a shoplifting
that had just occurred. The female suspect had fled into the passenger seat of an awaiting vehicle and left the
area in a silver SUV with dealer paper plates. A UPD officer quickly located the vehicle behind a large dirt
mound at the South end of Airport Park Blvd. The officer attempted to initiate a traffic stop on the vehicle,
however the vehicle sped up and began driving erratically N/B in the dirt lot. The vehicle drove over a culvert
at a high rate of speed, which appeared to have damaged the vehicle. As the driver attempted to flee at a high
rate of speed, the driver attempted to drive through a wire fence (located on the South side of Les Schwab Tires)
and got stuck. The vehicle was “boxed in” by the patrol car. The driver, Charles Kesselring, attempted to flee
on foot, but was quickly apprehended. The passenger, Jennifer Wall was taken into custody at the scene. The
vehicle was previously reported stolen out of Humboldt County. Officers located suspected methamphetamine
in the vehicle. Kesselring was wanted out of Humboldt County for carjacking, robbery, and terrorist threats.
Kesselring was also on active PRCS probation (Post Release Community Supervision) for auto theft.
Kesselring and Wall were lodged at the county jail, where Kesselring was additionally held on the Humboldt
County charges.

Rodney and Vincent Ortiz homicide jury trial stayed while Rodney Ortiz's attorney files writ appealing 995 ruling

This afternoon at 2 p.m. Visiting Judge Bob McNatt was scheduled  to
hear the defense motion to continue for Rodney Ortiz and a trial confirmation hearing is set for both Rodney and Vincent Ortiz. Jury trial was set for July 20. That date has been vacated.

 Next court date is disposition and reset hearing on August 13 in Courtroom 2.

The motion to continue for Rodney Ortiz will also be discussed further on that date. Rodney Ortiz's attorney Mr. Casey Russo said they wanted 4 to 6 months for investigation and "further discovery".

Vincent Ortiz refused to waive time for a continuance but the stay is a "defacto waiver", at least until the next court hearing said Visiting Judge McNatt.

The father and son are charged in a Hoopa shooting that resulted in the death of Daniel Colegrove, and attempted murder charges for Francis Colegrove and Roger Surber.

Judge Philip Schafer has not yet ruled on the 995 motion to dismiss certain charges against Vincent Ortiz. A date of 7/14 to hear a motion for discovery seems to be gone from the court system.

Previous posts:

This link is to the post on the 995 motion:

http://johnchiv.blogspot.com/2015/07/things-escalated-at-spur-of-moment-when.html

This link is on the last court hearing and will get you caught up with other links to the case:

http://johnchiv.blogspot.com/2015/07/defense-motion-to-continue-rodney-ortiz.html

Former Arcata Alliance Market arson suspect ruled not comptent, will go off to Napa state facility

"The defendant is not currently competent to stand trial," read Judge Bob McNatt from Dr. Wilson's report. "While he understands the nature of his proceedings, he is not cooperating or assisting his attorney in a,rational manner." So, he is off to Napa State and a hearing to check status in on for July 30.

4 bailiffs, instead of the three usual, in addition to the regular court bailiff were present in the court. Dressed in the usual red prison garb with his mouth and head covered by masks, Kish loudly interrupted the court proceedings by asking his lawyer questions while the hearing was proceeding.

"Hey Greg can I talk to you?" "Will they hold my dogs"

updating...

Conflict Counsel's Mr. Greg Elvine-Kreis has been appointed as Kish's lawyer.

After my June 25 post, Kish was found "sort of competent"to stand trial by Dr. Ramirez. Another evaluation was requested by his lawyer. Today, Dr. Jennifer Wilson's report was scheduled to be heard.


June 25 post:

Review of Dr. Ramirez's psychological evaluation and a Marsden hearing was scheduled this afternoon for Jeremy Kish, who is the suspect charged with arson of the former Alliance Market in Arcata and sodomy and forcible oral copulation of a male victim, among other charges.

The Marsden hearing will be held in a closed courtroom. Now, there has been another doctor ordered to evaluate him. That hearing will take place on July 9.

A report from Dr. Ramirez was due this afternoon at 2 p.m. in Courtroom 2 regarding Jeremy Kish, the arson suspect for the crime committed at the former Alliance Market location in Arcata.

Dr. Ramirez's report basically ruled him competent to stand trial. Still in administrative segregation, dressed in red, chained with face and mouth covered with masks, Kish has requested another Marsden hearing. Third time he has tried to fire his court appointed lawyer. That hearing will be held in a closed courtroom so I will update later today or tomorrow.

He has another case  in which a protective order in court was served on him for a confidential male victim. The charges are Sodomy by use of force and Forcible oral copulation in that case.

On June 9, he committed assault in custody just to get on the court calendar and tried to fire his court appointed lawyer, again.

Last post:

Jun 11, 2015


Arcata Alliance Market arson suspect fired by his attorney, just kidding! Competency to stand trial declared for Jeremy Kish

If you have been following the saga of Jeremy Kish on my blog, you will get the joke in the headline. Today, a preliminary hearing was scheduled for five recent cases, including the alleged arson committed by Kish at the former Alliance Market location in Arcata.

An additional bailiff stood by Kish who is still dressed in red which means "adminstrative segregation" and still has a face and mouth mask with his hands bound by chains. This morning, he was escorted by three correctional officers who stayed in court and took him back to custody.

Kish has tried to fire his court appointed lawyer, Conflict Counsel's Mr. Greg Elvine-Kreis twice. This morning, Mr. Elvine-Kreis told Visiting Judge Dennis Buckley that he was "declaring doubt as to his client's present competency."

Judge Buckley suspended proceedings on all files and Dr. Ramirez has been appointed to submit a report on Kish's competence. That report is due on June 23 at 2 p.m. in Courtroom 2.

Besides his dramatic entrance, Kish could not let the proceeding go by without blurting something and making yet another false accusation that is later disproved. "Can I say something?", he asked the Judge. Then he told Judge Buckley, "Can you order my lawyer to come see me and talk to me? Mr. Elvine-Kreis whispered, "I have come to see you" and privately spoke with Kish. Kish babbled on and on talking with his lawyer and was very polite, just minutes after he complained about his lawyer. Maybe he wanted an update on his dog, instead of his case. Again, a joke you will have to read the previous links to appreciate. As he was being led away, he turned to Ms. Lesa Christensen, one of the three officers escorting him and said, "Are you still mad at me?"

With Kish, I am sure we will see him back in court before June 23.

In California, Competency to Stand Trial is also known as California Penal Code 1368 PC. According to the Wallin and Klarich law firm's blog, "When doubt is declared concerning a defendant’s competence, all criminal proceedings are suspended until there has been a determination on the defendant’s competence. The court is bound under Penal Code §1368(c) to suspend criminal proceedings until the defendant is determined to be competent. When the criminal proceedings are stopped, all time limitations are suspended as well."

"Though the criminal proceedings have halted, there exist exceptions. In the pending determination of the defendant’s competence, the court is still able to rule on motions to dismiss (including motions made under Penal Code §1385), motions to suppress evidence and demurrers. Additionally, preliminary hearing can be conducted as allowed by Penal Code §1368.1."

DDA Zach Curtis was present for the People in Courtroom 5 today.

Previous post link (includes all past links):

http://johnchiv.blogspot.com/2015/06/arcata-alliance-market-arson-suspect.html

Jun 9, 2015


Arcata Alliance Market arson suspect pulls another stunt and commits assault while in custody so he can get into court so he could fire his court appointed lawyer again!

First he is charged with arson of the former Alliance Market store in Arcata, resisting and delaying and obstructing an officer while the office is on duty, assault on a custodial officer, battery by gassing a peace officer in the detention facility and criminal threats.

Then he is charged in another case with sodomy by force and oral copulation of a male victim. My first post has other charges in his past.

He has claimed he was denied food and water, then in another hearing he wanted to fire his lawyer because Kish thought his lawyer wasn't doing enough about his dog. Today, he claimed that the jail denied him writing a letter to court and another Marsden hearing and he had to commit a felony just to get on calendar!

He spits on the correctional officers and has to wear a mask covering his face and mouth. He tries to fire his lawyer at the last hearing and today, he racks up another charge just to get into court and tries to fire his court appointed lawyer again!

Jeremy Kish was arraigned in Courtroom 5 today for 243.9. (a):


243.9.  (a) Every person confined in any local detention facility
who commits a battery by gassing upon the person of any peace
officer, as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2, or employee of the local detention facility is
guilty of aggravated battery and shall be punished by imprisonment in
a county jail or by imprisonment in the state prison for two, three,
or four years.
"Gassing" means intentionally
placing or throwing, or causing to be placed or thrown, upon the
person of another, any human excrement or other bodily fluids or
bodily substances or any mixture containing human excrement or other
bodily fluids or bodily substances that results in actual contact
with the person's skin or membranes.

Visiting Judge Dennis Buckley appointed Conflict Counsel. This is the office representing Kish on his other cases but being a different courtroom, Mr. Marek Reavis was handling those cases. As he tried to accept appointment and enter not guilty pleas on behalf of Kish, which is standard procedure; Kish yelled, "I would like to fire Conflict Counsel!" He told the Judge that he tried to fire his lawyer and that "if you appoint Conflict Counsel, I will plead guilty!"

As they tried to complete arraignment, Kish kept yelling, "No, I plead guilty! He is not my attorney!"
He kept interrupting the Judge and his own attorney who tried to explain to him that it was not in his best interests to keep yelling and he countered, "I have a right to fire my own counsel!" And kept saying he would keep committing acts that would bring him back to court and he wanted a Marsden hearing. He also wanted the Judge to appoint him a Public Defender. The Judge granted him a Marsden hearing on June 11 to review appointment of counsel.


Previous links:

http://johnchiv.blogspot.com/2015/05/jeremy-kish-adds-yet-another-arrest-to.html
http://johnchiv.blogspot.com/2015/05/arcata-arson-suspect-jeremy-kish.html
http://johnchiv.blogspot.com/2015/05/arcata-arson-suspect-jeremy-kish_28.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/dressed-in-red-in-chains-with-mouth-and.html
http://johnchiv.blogspot.com/2015/06/jeremy-kish-arcata-arson-suspect-tries.html

Watch Paul broke the Mike Wilson news; my suggestion is Uri Driscoll for 3rd District Supervisor

Rose broke the Lovelace, Wilson story.

http://watchpaul.blogspot.com/2015/07/lovelace-v-wilson.html#comment-form

I mentioned Mark Wheetley and Uri Driscoll as suggestions in a comment yesterday on Rose's blog. More than one person has mentioned that Mike Wilson has taken out papers so it's not a big secret.

My choice would be Uri Driscoll. I already mentioned it on my facebook page and called him.

Richard Marks no longer affiliated with CCVH?

An unnamed source who spoke with Richard Marks recently just called me and said that Richard Marks told him that he has resigned and is no longer affiliated with CCVH as of Sunday.

Richard Marks just verified that he did indeed resign.

"I wish them the best. I fulfilled my goal of producing an ordinance to the Board of Supervisors," said Marks.

I contacted Luke Bruner for comment as well. He got back right away. "Yes," to the resignation.  "The plan was always for him to stay on until the public unveiling of the Ordinance and tax piece."