Dec 5, 2015

Our own Captain Watson to be interviewed and featured on Fear Thy Neighbor, Investigation Discovery Channel TV show

Just ran into  EPD's Captain Steve Watson and we were just chatting in general. He is a very modest guy but I convinced him into letting me share this news.

Captain Watson is going to be interviewed this Thursday for the American reality television series, Fear Thy Neighbor, which premiered on April 14, 2014 on the Investigation Discovery channel.

The show focuses on  feuds between next door neighbors which sometimes escalate into tragedies.

Captain Watson will be talking about a case in Santa Cruz when he was a brand new deputy.





Dec 4, 2015

How many people will show up to comment on registration of persons engaging in commercial cannabis cultivation?

Afternoon session of December 8 Humboldt County Board of Supervisors Meeting has a presentation from County Counsel.


1. Resolution Authorizing Registration of Persons Interested in Engaging in Commercial Cannabis Activity Pursuant to Medical Marijuana Regulation and Safety Act Recommendation:

Attachments: COUNTY OF HUMBOLDT That the Board of Supervisors receive the Report and Recommendation of the Medical Marijuana Subcommittee; review the Draft Resolution and Registration form; deliberate and vote on draft resolution authorizing Registration of Persons  interested in Engaging in Commercial Cannabis Activity pursuant to Medical Marijuana Regulation and Safety Act.


The registry isintended to address two issues:

1)identify the demand for different license types(cultivation,manufacture,distribution,testing,dispensary, and transport) to guide development of policy and resources to accommodate the potential volume of applicants;

and,

2)provide a means for persons seeking to demonstrate that they had established commercial cannabis activities in operation by January 1,2016, to enable the County of Humboldt to certify that such operations were in good standing with the County, so that the applicant would be entitled to priority license consideration by state licensing

Humboldt County CAO Phillip Smith Hanes is Kansas bound

THC was the first to report this news.
http://thclive.net/2015/11/18/county-cao-smith-hanes-bailing-for-the-mid-west/

I followed up and Mr. Hanes had not resigned at that time.

http://johnchiv.blogspot.com/2015/11/philip-smith-hanes-has-not-resigned-as.html?m=1

Mr. Hanes did get another job in Kansas and will be starting that job on March 1, 2016.

His contract requires him to give a certain amount of notice. Mr. Hanes is expected to hand in a resignation soon and be around until at least February 2016.

Kailan Meserve jury trial for January 19 date stays set for now

At the December 3, trial confirmation hearing for Kailan Meserve, the trial readiness for the Kailan Meserve was vacated for January 13 was vacated, a trial confirmation was set for January 14 and the Jury trial date remains set for January 19.

Dec 1, 2015


No decision made today on 995 motion to dismiss charges against Kailan Meserve , Judge Miles has taken matter under submission

A hearing for the 995 motion to dismiss charges against Kailan Meserve was scheduled this afternoon at 2 p.m. in Courtroom 2 to be heard by Judge Marilyn Miles.

For this hearing, Deputy District Attorney Zachary Curtis appeared for the People and Mr. David Celli for Kailan Meserve, whose personal appearance was waived for this court hearing.


Judge Marilyn Miles told the attorneys that "this matter is not going to be argued today on a misdemeanor calendar unless you both submit on your pleadings."

Both attorneys said they would.

Judge Miles said that at the last hearing, Mr. Russ Clanton said there would be a lengthy argument. Mr. Celli reiterated the sumbission.

Judge Miles has taken the matter under submission.

Nov 10, 2015


Kailan Meserve 995 motion to dismiss 15 counts including sexual battery, kidnapping and forcible rape continued and case sent to Judge Miles

A motion to dismiss information in the Kailan Meserve case was scheduled this afternoon in Courtroom 5 to be heard by Judge Joyce Hinrichs. Cases for  Courtroom 5  were called in Courtroom 1 this afternoon.

The defense had filed a motion to dismiss information, the People filed an opposition and then the defense filed a reply to the People's opposition.

Mr. Russ Clanton, who is representing Meserve, told Judge John Feeney, "this is a lengthy matter that has been under consideration by Judge Hinrichs. We ask that the matter be set over for two weeks."

Deputy District Attorney Brie Bennett who is prosecuting the case agreed. She said the People needed time to look over the defense's response to the prosecution's opposition to the 995 and see if they will file a response.

Judge Feeney said he had received an email today at 1:15 from Judge Hinrichs, who is the presiding Judge for Humboldt Superior Court. She had given two dates and wanted the matter calendered before Judge Miles.

The 995 motion to dismiss will be heard on December 1 at 2 p.m. in Courtroom 2.

Bail was originally at two million and the DA's office asked it be paid by legitimate means. Meserve made bail and is out of custody. Kailan Meserve was in court with his father Dave Meserve.

Oct 22, 2015


Will all charges be dismissed against Kailan Meserve, these include forcible rape, sexual battery and kidnapping

Kailan Meserve had been charged with 19 counts such as sexual battery, kidnapping, forcible rape, forcible oral copulation, criminal threats, assault by means likely to produce great bodily injury and the case involves two female victims.

After his preliminary hearing in August, one count dismissed by People, two counts not held to answer; Kailan Meserve held to answer on 15 counts including forcible rape.

The two counts Meserve was not held to answer was first degree residential burglary and assault to commit a felony during the commission of a first degree burglary.

Meserve's attorney Mr. Russ Clanton filed a motion to dismiss information on October 20. Deputy District Attorney Brie Bennett is prosecuting this case. The hearing on this motion is scheduled for November 10 at 2 p.m. in Courtroom 5.

The only media coverage on this case has been on my blog.





Sep 3, 2015


Kailan Meserve jury trial set for January 19, arraigned today on 17 felony counts

Kailan Meserve was arraigned on information this afternoon is Courtroom 2 on 17 felony counts with two special allegations. He is being represented by Bay area attorney Randolph Darr and local attorney Mr. Russ Clanton, who made a general appearance today for Mr. Darr.

Meserve was only accompanied in court today by his father, Dave Meserve. A time waiver was entered. Deputy District Attorney Zack Curtis is prosecuting the case but DDA David Christensen handled the arraignment today for the People.

Jury trial is January 19th at 8:30 a.m., Trial Readiness is January 13 at 1 p.m., and Trial Confirmation is December 3 at 2 p.m. in Courtroom 2.

Previous post (with other links):

http://johnchiv.blogspot.com/2015/08/one-count-dismissed-two-counts-not-held.html

Mark Wheetley's run for Third District Supervisor confirmed by Humboldt County Elections Office

Humboldt County Elections Office confirmed that Mark Wheetley filed papers on December 3rd to run for Third District Supervisor.

Just spoke with Mark Wheetley. The official announcement is on December 11 at 12:30 p.m. at Senior Room in Arcata Community Center.

updating in a few...


Sep 6, 2015


Mark Wheetley to formally announce run for Third District Supervisor soon



Arcata City Councilmember Mark Wheetley is running for Third District Supervisor. I will be doing another post with more details in the future.

I had heard he was planning to run. I contacted him and he responded with this via email.

"Thanks for reaching out.  Yes, I am preparing to run for Third District Supervisor.  I plan on a formal launch in the upcoming weeks."

Uri Driscoll and Mike Wilson have also announced plans for their candidacy for Third District Supervisor.

Does Estelle Fennell have an opponent or not for the next election?

Got a tip she may have an opponent..

Called the Elections Office. No one has taken papers out yet, only candidate is Supervisor Fennell.

Contacted my tipster, who got the districts mixed up.

Bail reduced to $50,000 by Court for Arthur Howatt, NO charges field for 3 pounds of marijuana

This afternoon in Courtroom 5, Arthur Howatt was arraigned on Count 1 for Evading an Officer with willful disregard and Count 2 Resist/Obstruct/Delay of a Peace Officer or Emergency Medical Technician.

There were no charges field for the three pounds of marijuana he was found with at time of arrest. His bail at arrest was $100,000. The court set it to $50,000.

Howatt was appointed Conflict Counsel's Mr. Marek Reavis as his lawyer. Deputy District Attorney David Christensen was present for the People.

Howatt entered not guilty pleas, did not waive time. A OR/Bail hearing is set for December 7, Intervention for December 17 and preliminary hearing for December 17 at 8:30  p.m

Dec 2, 2015


$100,000 bail set for Arther Howatt caught at gunpoint on Hwy 36

Bail set at $100,000 for suspect arrested by HCSO at gunpoint on Highway 36, Arthur John Howatt. Allegedly, he ran from police because he had a warrant for possession for pot. He is charged with fleeing and eluding.

HCSO Press Release (on December 3):


On Wednesday, December 2, 2015 at approximately 2:03 p.m. a Humboldt County Deputy Sheriff observed a motorcycle that appeared to have no plate heading east bound on Hwy 36 at Murrish’s Market in Hydesville. When the Deputy attempted a traffic stop the motorcyclist accelerated hard and passed a car by crossing over the double yellow line. The Deputy pursued and the motorcyclist slowed to below 50mph but would not yield. The motorcyclist slowed even more and reached speeds in the 20mph range. Speeds continued to range from between approximately 20 and 50mph. The Deputy soon observed a plate and the registered owner of the motorcycle was contacted and advised that Arthur John Howatt was most likely riding the motorcycle at this time. A records check showed Howett to have a felony warrant for evading. At Milepost 34.4 the motorcyclist ran out of gas and attempted to flee on foot. A Bureau of Land Management ranger was assisting and used his 4wd vehicle to pursue the suspect a short distance up a steep muddy road at which point the suspect surrendered without incident. Howatt was found to be in possession of three pounds of marijuana which was located in Howatt’s back pack. Howatt stated he was fleeing because of being in possession of the marijuana. Howatt added that he is a novice rider and was maintaining a slow speed because he did not want anyone to get hurt.
Howatt was transported to the Humboldt County Correctional Facility where he was booked for VC2800.2 – Evading a Peace Officer with disregard to safety; HS11359 – Possession of Marijuana for Sale; HS11360(A) – Transport/Sale of Marijuana.

Reported explosion in Laytonville, 18 year old alleged suspect in hospital

On 11-21-2015 at approximately 12:19 AM, Deputies from the Mendocino County Sheriff's Office were dispatched to a reported explosion in the area of the Odd Fellow's Hall on Tolen Avenue in Laytonville, California.

The Odd Fellow's Hall houses several apartments.  The location of the reported incident was near those apartments. The explosion was heard from at least three miles away.

While the Deputies were still en-route to the call, they were advised that a burn victim had arrived at the Frank Howard Memorial Hospital emergency room.

At the Odd Fellow's Hall, the Deputies observed shards of metal and a small wheel, similar to the size of a tricycle wheel, from a device that witnesses described as a "small cannon".

A witness told them an 18 year-old male leaned down and appeared to light a fuse.  A moment later the device exploded, spreading metal fragments and frame parts in a wide circle, some impacting the apartment building.

After processing the scene for evidence the Deputies contacted the 18 year-old male at the hospital.   His injuries included lacerations to his torso, possibly from metal fragments, and a serious injury to his hand.

An investigation into the incident and the nature and type of the destructive device is ongoing.

Judge Feeney initially hesitant, accepts conditional plea from former Miss Hoopa Kayla Brown for false imprisonment and degrading, immoral conduct in the presence of a child with limited sex offender registration

Former Miss Hoopa, Kayla Brown, entered a change of plea this morning in Courtroom 1. After taking two breaks to review the declaration of the arrest warrant which the defense stipulated to as a factual basis and reviewing a psychiatrist's report on Brown, Judge Feeney said that he hesitantly accepted the plea deal.

"I am hesitant to accept the conditional plea," said Judge Feeney. Acknowledging that plea deals are a part of resolving some cases, Judge Feeney expressed concerns about the amended counts being supported by the declaration for the arrest warrant, the victim's feelings and the limited sex offender registration for just five years.

Deputy District Attorney Zachary Curtis was in court for his colleague DDA Brie Bennett today, who has been prosecuting this case. Mr. Ben McLaughlin was present with his client Brown.Judge Feeney asked if Mr. Curtis had seen Dr. Jessica Ferrente's 288.1 report. Judge Feeney was also informed that DA Maggie Fleming was aware of the deal and Mr. Curtis told him that there had been extensive discussions with the victim and family members, "it is not the preferred disposition but my understanding is that they will go along with it."

Mr. McLaughlin told Judge Feeney that according to Dr. Ferrente's report, Brown was at a very low risk to reoffend.

Mr. McLaughlin told Judge John Feeney that as a part of the agreed disposition and plea, "The People move to amend the information and add Counts 5 and 6." Brown agreed to plead to Count 5 PC 236 which is false imprisonment, without force, fear or coercion. Although she plead to this as a felony, it is a wobbler and can be charged as a misdemeanor. Mr. McLaughlin told Judge Feeney that charge "will be reduced and dismissed eventually."

Count 6 is PC 273 (g) which is Lewdness or Drunkness in the presence of a Child. Judge Feeney when taking the plea, said "Degrading, immoral conduct in the presence of a child."

"The People are not requesting additional jail time, " said Mr. McLaughlin. The plea deal is for five years probation, Brown has to register as a sex offender but Mr. McLaughlin said that the plea deal was that only for the duration of probation. He added that she may petition for early termination of probation. "Neither offense she is pleading to requires registration but we agreed due to the negotiated plea. The probation officer would be aware but she would not be required to register on Megan's law"

DDA Zach Curtis added that the People had requested a stay away order.

In October, 21 year old Kayla Brown, was arraigned and charged with four counts of alleged sexual abuse against a minor victim under the age of 16 years. Count 1 Abnormal Sexual Interest in Children and arranging a meeting for that purpose PC 288.4 (b); Meeting a Minor for lewd purposes.

The complaint alleges that, "a felony was committed by Kayla Muriel Brown, who did unlawfully and motivated by an unnatural and abnormal sexual interest in children, arrange a meeting with Jane Doe, a minor and a person defendant believed to be a minor, for the purpose of exposing the genitals and public and rectal area of Jane Doe and defendant and to engage in lewd and lascivious behavior and did go to the arranged meeting place at and about the arranged time."

Count 2 Sexual penetration with a foreign object; [289.(i)  any person over the age of 21 years who participates in an act of sexual penetration with another person who is under 16 years of age shall be guilty of a felony]

Count 3 288.3 (a) [288.3.  (a) Every person who contacts or communicates with a minor, or attempts to contact or communicate with a minor, who knows or reasonably should know that the person is a minor, with intent to commit an offense specified in Section 207, 209, 261, 264.1, 273a, 286, 288, 288a, 288.2, 289, 311.1, 311.2, 311.4 or 311.11 involving the minor shall be punished by imprisonment in the state prison for the term prescribed for an attempt to commit the intended offense]

Count 4 PC 647.6 (a) which is child molestation/annoying a child.


 Counts 1 to 4 were dismissed by the People after Brown entered her pleas of guilty.

Brown waived her preliminary hearing in September 2015. Mr. McLaughlin told Judge Feeney that this was because "we were in the midst of negotiations."

Judge Feeney advised Brown that after the probation report, the plea could be rejected and this was just a conditional plea at this time.

Both the victim's family and friends as well as defendant's family members and friends were in court today, as they have been for every hearing. Sentencing is on January 4 at 4 p.m. in Courtroom 1.


Nov 18, 2015


Resolution expected in case for former Miss Hoopa charged with four counts of alleged abuse including abnormal sexual interest in children

This afternoon at 2 p.m. a hearing was scheduled to set a jury trial date for former Miss Hoopa, Kayla Brown, who is charged with four counts of alleged abuse against a minor female victim under the age of 16.

Deputy District Attorney Brie Bennett is prosecuting the case. Mr. Ben McLaughlin is representing Brown.

Today, a jury trial date was supposed to be set. Brown has signed a 977 former, a waiver of personal appearance for certain hearings and was not in court. Her family was not present either. The victim's family was present.

Mr. McLaughlin told Judge Joyce Hinrichs that "I am fairly certain there will be a resolution."

DDA Bennett agreed that there is an anticipated plea and said she had spoken with the victim and the victim's family last night.

"I will counsel my client to accept the offer," said Mr. McLaughlin.

Next court date is December 4 at 9:30 a.m.

Oct 28, 2015


Former Miss Hoopa arraigned for four counts of alleged abuse including abnormal sexual interest in children

21 year old Kayla Brown, former Miss Hoopa, charged with four counts of alleged sexual abuse against a minor victim under the age of 16 years was arraigned this afternoon. Deputy District Attorney Brie Bennett is prosecuting the case. Mr. Ben McLaughlin is representing Brown. Today, Rebecca Linkous appeared on behalf of Mr. McLaughlin in court.

DDA Roger Rees appeared for his colleague, Ms. Bennett. Ms. Linkous said that the defense is "in active negotiations" with Ms. Bennett, case may resolve. Next court date is November 18 for setting.

Brown was arraigned on  with four counts. Count 1 Abnormal Sexual Interest in Children and arranging a meeting for that purpose PC 288.4 (b); Meeting a Minor for lewd purposes.

The complaint alleges that, "a felony was committed by Kayla Muriel Brown, who did unlawfully and motivated by an unnatural and abnormal sexual interest in children, arrange a meeting with Jane Doe, a minor and a person defendant believed to be a minor, for the purpose of exposing the genitals and public and rectal area of Jane Doe and defendant and to engage in lewd and lascivious behavior and did go to the arranged meeting place at and about the arranged time."

Count 2 Sexual penetration with a foreign object; [289.(i)  any person over the age of 21 years who participates in an act of sexual penetration with another person who is under 16 years of age shall be guilty of a felony]

Count 3 288.3 (a) [288.3.  (a) Every person who contacts or communicates with a minor, or attempts to contact or communicate with a minor, who knows or reasonably should know that the person is a minor, with intent to commit an offense specified in Section 207, 209, 261, 264.1, 273a, 286, 288, 288a, 288.2, 289, 311.1, 311.2, 311.4 or 311.11 involving the minor shall be punished by imprisonment in the state prison for the term prescribed for an attempt to commit the intended offense]

Count 4 PC 647.6 (a) which is child molestation/annoying a child.


Sep 22, 2015


Former Miss Hoopa charged with alleged abuse of female minor waives preliminary hearing

Today, a  preliminary hearing was scheduled for Kayla Brown, the former Miss Hoopa charged with alleged abuse of a minor female victim.

Brown was in court with her attorney, Mr. Ben McLaughlin and members of her family.

The victim and her family were not in court but present in the building.

Visiting Judge Thomas Breen was calling the calendar today in Courtroom 8.

DDA Brie Bennett is prosecuting the case.

Brown waived her right to a preliminary hearing today. She also waived time for arraignment.

Discussions about a possible resolution are occurring and the case may resolve before arraignment.

Arraignment on information is scheduled for October 28 at 2 p.m. in Courtroom 1.

No other media was in court this morning.



Aug 17, 2015


Preliminary hearing for Miss Hoopa charged with 4 counts of alleged abuse of a minor victim including abnormal Sexual Interest in Children delayed again

Today, there was an intervention scheduled for  Miss Hoopa Kayla Brown. Brown is Humboldt's first alleged female abuser with first female underage victim. Charges include abnormal sexual interest in children.

Kayla Brown is charged with four counts. Count 1 Abnormal Sexual Interest in Children and arranging a meeting for that purpose PC 288.4 (b); Count 2 Sexual penetration with a foreign object; [289.(i)  any person over the age of 21 years who participates in an act of sexual penetration with another person who is under 16 years of age shall be guilty of a felony]; Count 3 288.3 (a) [288.3.  (a) Every person who contacts or communicates with a minor, or attempts to contact or communicate with a minor, who knows or reasonably should know that the person is a minor, with intent to commit an offense specified in Section 207, 209, 261, 264.1, 273a, 286, 288, 288a, 288.2, 289, 311.1, 311.2, 311.4 or 311.11 involving the minor shall be punished by imprisonment in the state prison for the term prescribed for an attempt to commit the intended offense] and Count 4 PC 647.6 (a) which is child molestation/annoying a child.

The alleged victim is under 16 years of age. 

Intervention hearings take place in a closed courtroom. This case ended up being called before 3 p.m. but I was outside waiting to get dates and so was the victim's family. DDA Brie Bennett who is prosecuting the case spoke privately with the victim's family. Ben McLaughlin is representing Brown  along with Rebecca Linkous but Mr. David Celli appeared on behalf of Mr. McLaughlin today.

Preliminary hearing was scheduled for September 26 but it has been delayed yet again. The new intervention date is September 14 and the new preliminary hearing is September 22.


Previous post:

http://johnchiv.blogspot.com/2015/07/i-do-not-want-to-speak-to-whether.html?m=1

Jun 12, 2015


Former Miss Hoopa charged with alleged sexual abuse of female minor, family still unable to retain a lawyer

The preliminary hearing for Kayla Brown has still not occurred. First, her private attorney Jeffrey Schwartz declared a conflict. Then, another private attorney, Mr. Ben McLaughlin made a special appearance twice but still has to be retained and paid by Brown's family. Today, a 2 p.m. hearing was scheduled for Confirmation of Counsel in Courtroom 1. Mr. David Celli appeared for Mr. Ben McLaughlin and asked Judge John Feeney to continue the matter for another week. This is the third continuance and I did not see Brown's family in the courtroom.

June 24 at 2 p.m. is set for Confirmation of Counsel in Courtroom 1.

DDA Brie Bennett is prosecuting the case. DDA Zach Curtis who is the other prosecutor handling all CAST cases appeared for the People and did not object to the continuance. The victim's family and supporters were present and they talked with Mr. Curtis outside court.

Last post with other links/background on case:

http://johnchiv.blogspot.com/2015/05/still-no-preliminary-hearing-for-former.html

Dec 3, 2015

"I am grateful Maggie chose the person she did to try this case, I feel relieved. Vindication has not been a part of my vocabulary."

Dorothy Ulrich's mother, Mrs. Shirley Ortega said, "I think it is wonderful. We got what we wanted."

"I am grateful Maggie chose the person she did to try this case," said Ms. Vroman Little. "I feel relieved. Vindication has not been a part of my vocabulary."

"My focus has been on my obligations as a parent," said Hank Seemann."I will continue my committment to honoring Suzie and contribute to the good of our community."

I chose to take and include a photo of Terri Vroman Little and her husband right after the verdict. Hank Seemann is in the background in the room talking with other members of the media. The families and the survivors in this case deserve to be honored and I would rather have pictures of them in my post.









"It is a hard case, the amount of time compared to the loss of life," Judge Miles sentences Judson Stiglich to 6 years in state prison for the death of Ryan Robinson

Sentencing was scheduled this afternoon for Judson Stiglich in Courtroom 2. Judson Stiglich was sentenced by Judge Marilyn Miles to stipulated term of 6 years in state prison for the death of Ryan Robinson.

The mother of Ryan Robinson's girlfriend and the grandmother of his son read a letter, Deputy District Attorney Stacey Eads read letters on behalf of family members, all were full of love and memories and loss they experienced.

DDA Eads informed Judge Miles that the decision for the plea had been made after several discussions with the family.

Before she sentenced Stiglich, Judge Miles said, "This is a stipulated sentence arrived after considering the outcome of the trial and consultation with the family. The court clearly agrees that six years is not enough relative to the loss. No amount is enough for the loss of life, especially for a young person. This drug scourge has taken over our community. What Mr. Stiglich can do is commit himself to a better life for Ryan. It is a hard case, the amount of time compared to the loss of life."

"I hope we all can do what we can to get rid of this drug scourge that has taken over our community and changed it." Judge Miles spoke how those who have grown up here or lived here for a long time do not even recognize the community they remember.



Oct 14, 2015


Judson Stiglich enters plea, voluntary manslaughter charge dismissed, stipulated prison system for 6 years

A trial readiness was scheduled in the Judson Stiglich case this afternoon. Stiglich is charged with the death of Ryan Robinson, whose sister Stiglich was dating at the time of the alleged homicide. Instead it became a hearing to enter a plea for three cases.

He is not eligible to serve the jail term locally. He pleaded guilty to possession of meth as a misdemeanor in the new recent case, admitted violation of probation and in the felony case, Count 1 for voluntary manslaughter was dismissed. He plead to possession of marijuana for sale, firearm enhancement, unlawful possession of firearm, possession of stolen property, and amended new count was added for possession of a controlled substance.

The stipulated term is six years in prison.

Both, the Stiglich family and friends as well as Robinson family and friends were in court. When the plea was accepted, two of Robinson's family members sobbed.

Ryan Robinson's mother and the mother of Ryan Robinson's girlfriend and his son spoke in court today.

"I would like to say I appreciate this opportunity," said Margaret Robinson. "I didn't know the outcome to this until today. We were expecting to go to trial. The Count 1 that is being dismissed is why we are here today."

Visiting Judge David Flinn told Mrs. Robinson, "dismissal of a count by the People and plea acceptance by a Judge is not finding the person innocent. The People have a high burden of proof. This is just a determination of the outcome. Is that comfort?"

Mrs. Robinson shook her head and indicated yes.

Ryan Robinson's girlfriend's mother did not state her name. Looking at Stiglich in court, she said, "I don't  understand why he had to kill him. Why couldn't he have shot him in the leg? My grandson will not see his father."

Stiglich entered a time waiver for sentencing and an Arbuckle waiver. The case has been referred to Probation for credits and fines. Both sides will be submitting letters to the Court.

Sentencing is on December 3 at 4 p.m. in Courtroom 2.

Deputy District Attorney Stacey Eads  prosecuted the case. Mr. Russ Clanton  represented Stiglich.

Before court, Mr. Clanton handed Ms. Eads a plea form so I had an idea of what was about to happen in the case.

No other media was in court.

Sep 3, 2015


Judson Stiglich jury trial set for October 19, victim's family sobs in court

Today setting for the Judson Stiglich case as well as issues that were briefly addressed at the August 28 trial assignment hearing were scheduled this afternoon in Courtroom 2. This included a motion to amend information and Stiglich being arraigned on the additional charges.  There are also two misdemeanor cases that were on calendar today that Judge Marilyn Miles referred to as related to this event.

Stiglich was arraigned on three additional counts, jury trial date set for October 19. The three additional counts are Count 6, possessing ammunition, Count 7 possession of a firearm by a felon and Count 8 possession of a controlled substance.

Mr. Russ Clanton, who is representing Stiglich, stated his objection to the amended information. "Th facts of this case remain unchanged since February" and he objected to "the timeliness of the People's filing."

Judge Miles said, "Since the trial has not been set, I don't find any prejudice and I will grant the motion."

The first amended information never got filed and therefore not granted. Judge Miles said it was the second amended information that got filed. That is the document she would sign and grant today. The document she signed would therefore be considered the first amended information.

Ryan Robinson is the victim in this case. His sister Jennifer Robinson was dating Stiglich at the time, she is a key witness and the only witness present at the alleged shooting incident. She was present in court along with her mother and a couple other family members. After the jury trial date was set, some of the Robinson family members burst into tears.

Stiglich's family, his mom and dad and friends were also present today. The situation between the two families has been very tense.

The court computer system is down so I will update with all charges when I can and when it is available.

No other media was present in court. Jury trial is October 19 at 8:30 a.m., October 16 is Trial Assignment at 8:30 a.m., Trial Readiness is October 14 at 1 p.m. in Courtroom 2 and Trial Confirmation is September 29 at 2 p.m. in Courtroom 2

Aug 28, 2015


Key witness in Judson Stiglich case has medical issues, current jury trial date vacated

The jury trial for Judson Stiglich is scheduled for August 31. The People had filed a motion to amend information and a new case to revoke Stiglich's probation. Today in court, the People said they intend to file a second amended information.

Today, during trial assignment calendar, defense asked that the current jury trial date be vacated because they received additional discovery, there were new filings on amended information and a new case. Stiglich entered a time waiver, which he had previously withdrawn. Mr. Clanton said the matter "could resolve."

Deputy District Attorney Stacey Eads said the People "ask that the current jury trial not be vacated, that it trail for a week. The Pople are prepared to proceed, we have new evidence." MS. Eads said that "while the matter has the potential to resolve", one of the primary witnesses has number of medical issues and is not getting better with time."

A date for setting and to address above issues is set for September 3 at 2 p.m.

No other media source was present in court for this development.

Aug 26, 2015


Judson Stiglich jury trial next Monday in question due to DA filing amended information and a petition to revoke

A trial readiness was scheduled today for the Judson Stiglich case. He is charged with the death of Ryan Robinson. At that time, Stiglich's was dating Robinson's sister.

DDA Stacey Eads is prosecuting the case. Mr. Russ Clanton is representing Stiglich. Family members for both Stiglich and Robinson families were present.

In court today, Mr. Clanton said he would be filing a motion to continue given the new petition to revoke probation that was handed to him in court and the DA's amended information on the homicide case which he just received this morning.

Both attorneys spoke with the families before court.

The matter to continue and other "matters" will be addressed at trial assignment this Friday.

No other media was present in court.

Previous post:

johnchiv.blogspot.com/2015/07/motion-to-continue-filed-by-da-in.html
http://johnchiv.blogspot.com/2015/07/datescremain-set-for-judson-stiglich.html
(has other links in previous posts)


Jury finds Jason Warren guilty of all charges


After deliberating for only two hours, the jury found Jason Warren guilty of all charges in the complaint.

Mrs. Shirley Ortega, Dorothy Ulrich's mother wept as the guilty verdict in Count 1 was read finding Warren guilty of first degree murder as well as the guilty verdicts in the special allegations of torture and killing while lying in wait.

Warren was found guilty of Count 2, first degree murder of Suzanne Seemann as well as the special allegation of multiple murders.

Warren was found guilty of the attempted murders of Jessica Hunt and Terri Vroman Little, Counts 3 and 4.

None of the jurors stayed after the verdict to talk with the family or the attorneys. Mr. Sequeira  talked with family members, Ms. Hunt and Ms. Vroman Little after the verdict privately.

Since Warren is convicted of the special allegations with first degree murder, he automatically gets life without parole.

Sentencing was not set, it will be after a bifurcation hearing set for December 9 at 8:30 a.m. in front of Judge Timothy Cissna.

Mr. Sequeira told members of the media that the jury was not asked to make a decision about Warren's priors.

That is what the court trial on December 9 is about, Warren's priors are a strike and will add to his sentence. In juvenile court, you just admit to the charges. "It just means Ms. Fleming will present the documents stipulated to in court," said Mr. Sequeira. Warren was convicted of these charges in 2001.





Gang connection alleged in multiple stabbing incident that occurred in Ukiah

On 10-25-2015, at 8:47 PM, Mendocino County Sheriff Deputies were dispatched to the Emergency Room of the Ukiah Valley Medical Center (UVMC) to meet with the victim of a stabbing.

The victim was an 18 year-old male adult who suffered multiple stab wounds to the back. The victim reported that earlier in the evening he had been at the soccer field at the Grace Hudson Elementary School when he was approached by two Hispanic males who appeared to be between 18-20 years of age.

The victim stated these two males confronted him because he was wearing a blue T-shirt. The two Hispanic males then repeatedly asked the victim if he was a gang member. The victim denied any participation in a criminal street gang.

The two Hispanic males then began to stab and beat the victim. The victim was able to flee the area on foot and received a ride to UVMC where he was treated for his injuries.

--UPDATE--

During the month of November Deputies from the Mendocino County Sheriff's Office continued to investigation this crime.  Deputies learned of another subject who had been at the Grace Hudson Elementary School with the victim during the time of the attack.  Deputies were able to locate and interview the witness who proved deputies with a gang "moniker" which the suspect had used in the past.  Further investigation revealed the suspect's name which deputies used to complete a photographic lineup which was shown to the witness.

The witness was able to identify a 17 year old suspect.  Deputies learned the suspect has ties to a local gang.  It was further learned the suspect was currently in custody at the Mendocino County Juvenile Hall on unrelated charges of violating the terms of his juvenile probation. Deputies contacted and interviewed the suspect at juvenile hall.

The 17 year old suspect made statements to the fact that this incident occurred as a result of an early assault against him by a rival gang member.

The Mendocino County Sheriff's Office will submit this case to the Mendocino County District Attorney's Office, requesting the subject be charged with assault with a deadly weapon (knife) and a gang enhancement for his participation in a street gang.

Anyone with information on this case is encouraged to contact the Mendocino County Sheriff's Tip line at (707)234-2100.

Verdict in for Jason Warren case

Jury went in at 10:45, took a break for lunch and the verdict is in, expected at 2:30 p.m.

"They were cowardly attacks on defenseless women from behind, similar to others"

Mr. Glenn Brown tried and parts of his closing arguments may or may not resonate with a juror, only time will tell but the jury was mesmerized, focused on his rebuttal. Mr. Sequeira has owned the courtroom and this trial from day one with masterful presentation of solid evidence.

I will have detailed coverage of both arguments later today.

Highlights from Mr. Sequeira:

"Who killed Dorothy Ulrich? Who is driving the KIA?" is how Mr. Sequeira started his rebuttal. "The defense wants you to speculate that there is some mystery dude out there. He (Mr. Brown)
hints there is some creepy guy, Mark Nelson. Someone may have gotten in, windows may have been open."

"Karen Quenell told you the windows were closed. Nothing to indicate Mark Nelson was there. Jason Warren was there. If the defense had sliver of evidence Mark Nelson was there, you would have heard it."

"She didn't stay stop Mark, don't do this."

"He's never walked up to anyone's face before, he attacked everyone from behind."

"They were cowardly atacks on defenseless women from behind, similar to others"

"They were ambushed, life cut short for no reason."

"I can't make sense of why this happened or why human beings do this to each other. I know what I have proven to you."

Saying everyone is entitled to a good defense and a good lawyer and have due process, Mr. Sequeira said Jason Warren had a good lawyer, a Judge who watched out for his rights.

"No matter how good he is, " refering to Mr. Glenn Brown, "he cannot change the facts."

"He's had his trial, he has his good lawyer, he had a judge who was scrupulous, now it's time to hold him responsible. "

Mr. Sequeira ended his rebuttal with asking the jury for "Justice for Dorothy Ulrich, Suzanne Seemann, Jessica Hunt and Terri Vroman Little."

Countering the defense argument that the prosecution did not meet the burden of proof for torture and that some mystery guy killed Dorothy Ulrich, Mr. Sequeira said, "He's trying to kill her, him, not some mystery guy." He brought up HCSO detective Cheryl Franco's testimony of counting 59 to 65 whacks on the audio of the attack. "We have a woman lying on her face, he has a heavy sword, there was no problem if he wanted to kill her, he could have."

"It lasted for that long, you think a strong man standing over a defenseless woman is going to take three minutes to kill her or is he beating her or sticking her. He could have shown mercy, he did not."



Closing arguments over, jury is deliberating Jason Warren's fate

The jury just went into deliberations five minutes ago.


Dec 2, 2015

$100,000 bail set for Arther Howatt caught at gunpoint on Hwy 36

Bail set at $100,000 for suspect arrested by HCSO at gunpoint on Highway 36, Arthur John Howatt. Allegedly, he ran from police because he had a warrant for possession for pot. He is charged with fleeing and eluding.

HCSO Press Release (on December 3):


On Wednesday, December 2, 2015 at approximately 2:03 p.m. a Humboldt County Deputy Sheriff observed a motorcycle that appeared to have no plate heading east bound on Hwy 36 at Murrish’s Market in Hydesville. When the Deputy attempted a traffic stop the motorcyclist accelerated hard and passed a car by crossing over the double yellow line. The Deputy pursued and the motorcyclist slowed to below 50mph but would not yield. The motorcyclist slowed even more and reached speeds in the 20mph range. Speeds continued to range from between approximately 20 and 50mph. The Deputy soon observed a plate and the registered owner of the motorcycle was contacted and advised that Arthur John Howatt was most likely riding the motorcycle at this time. A records check showed Howett to have a felony warrant for evading. At Milepost 34.4 the motorcyclist ran out of gas and attempted to flee on foot. A Bureau of Land Management ranger was assisting and used his 4wd vehicle to pursue the suspect a short distance up a steep muddy road at which point the suspect surrendered without incident. Howatt was found to be in possession of three pounds of marijuana which was located in Howatt’s back pack. Howatt stated he was fleeing because of being in possession of the marijuana. Howatt added that he is a novice rider and was maintaining a slow speed because he did not want anyone to get hurt.
Howatt was transported to the Humboldt County Correctional Facility where he was booked for VC2800.2 – Evading a Peace Officer with disregard to safety; HS11359 – Possession of Marijuana for Sale; HS11360(A) – Transport/Sale of Marijuana.


"Dorothy Ulrich was aware of the pain, you can hear her screaming. Was a decision being made while she was being stabbed and beaten by a sword while she begged for her life"


Dorothy Ulrich


Mendocino Assistant D.A. and special prosecutor Mr. Paul Sequeira delivered a powerful, effective and emotional closing this afternoon in the Jason Warren jury trial. Using Dorothy Ulrich's last words, photographs that the jury had seen, evidence items that were shown in court, DNA, physical evidence from both crime scenes and reiterating key concepts from Judge Cissna's jury instructions, the 5 women and 7 men jury was spellbound as Mr. Sequeira linked the Hoopa and Myrtle Avenue murders of Dorothy Ulrich, Suzanne Seemann, Maggie, Jessica Hunt's dog and attempted murders of Jessica Hunt and Terri Vroman Little.

Mr. Sequeira also very masterfully used Warren's juvenile record and showed the similarity between 2001 and this case demonstrating the limited purpose of Warren's state of mind.

Premeditation and deliberation was the theme Mr. Sequeira stressed throughout his closing telling the jurors that the evidence did not support any of the lesser charges required by the defense for them to consider.

Highlights:

"I'am going to tell you something about the lessers; I'm not being cavalier. The Humboldt County District Attorney presented information in the complaint. I don't intend to have you look at the lesser charges. The defense has the right to have charges read to you if there is failure to prove by the District Attorney. I don't intend for that to happen in this case."

"In this case, a cold calculated decision can be made very quickly."

Saying that the audio of the attack was disturbing, Mr. Sequeira said that he did not play his best evidence during closing because he did not want the jury to hear it for the fourth time.

Referring to the tape that was played three times during the trial where jurors heard Dorothy Ulrich's attack and her begging for her life, Mr. Sequeira said. "You heard, you heard the duration. You are in an unique position to hear how long it took for the defendant to take her life. You heard the process of the defendant's mind before he struck the fatal blow."

Dorothy Ulrich's mother, Mrs. Shirley Ortega left the courtroom during part of Mr. Sequeira's closing when he said, "Dorothy Ulrich was aware of the pain, you can hear her screaming. Was a decision being made while she was being stabbed and beaten by a sword while she begged for her life?"

"It's the shallow wounds I want to talk about when it comes to torture." Bringing up the prosecution medical expert who testified that the wounds were different in size and depth as if the weapon had not been inserted "into too far" Mr. Sequeira said, "They are jabs, pokes. Who does that if they don't intend to inflict pain?"

He took out the brother sword to the twin sword the prosecution alleges is the murder weapon, which was not found. "This weapon is the baby brother. Big brother was the murder weapon. Who takes a longer sword and pokes and jabs and beats for many minutes?"

Then Mr. Sequeira whacked the sword in the courtroom, effectively demonstrating the sounds we all heard in court on the surveillance audio that captured the attack on Dorothy Ulrich. "It's difficult to hear in the courtroom. Can you imagine being there and living it? I could do it for three minutes. I could do that; it's a long time when you are being beaten."

As he was saying this, pictures of the blood spattered on boxes, Dorothy Ulrich laying on the floor, blood around her, her arms covered with bruises and contusions and cuts flashed on the projector screen.

"Beaten while someone is screaming in agony, saying stop, please stop, please stop, I can't take it anymore."

Mr. Sequeira referred to Dorothy Ulrich's swollen hands and said that Warren beat her "as she begged to live a little longer. Can you imagine the mental anguish? The defendant had the ability to stop. What did he say? Shut up and be quiet. He might as well have said Shut up and be quiet, I'm killing you."

"She is not here to testify but her last words, she told you who killed her."

"If that's all I have, it would be proof beyond a reasonable doubt, but that's not all I have, I have science."

"Science ids him as the killer." Mr. Sequeira referred to the DOJ testimony about the blood on Warren's shoe and shorts. "More blood not analyzed because they thought " they had enough to identify Warren positively.

"This case is gloomy with injuries and autopsies. There were some rays of sunshine in this dark case. Those rays are Jessica Hunt and Terri Vroman Little. They survived. They got to tell you what happened."

"Was it just an amazing coincidence that he hit one of the joggers dead center, one on the left and one on the right?"

"He positioned the car so he could kill all three women. By the grace of God they survived. He wanted all of them."


Closing arguments start in Jason Warren trial after an hour and half of jury instructions

This afternoon, the jury in the Jason Warren trial heard concluding jury instructions from Judge Timothy Cissna which took an hour and 15 minutes. After break, Judge Cissna had to read the last part of the instructions again.

Other than standard jury instructions, Judge Cissna went into details each count and special allegations and options of lesser counts that the jury can consider.

After the afternoon break, Special Prosecutor Mr. Paul Sequeira started his closing argument and he seemed almost done when Judge Cissna announced it was time to recess for the day at 4:30 p.m.

Closing arguments will continue tomorrow. It is expected that the jury will start deliberations tomorrow.

Jason Warren is charged in Count 1 with the murder of Dorothy Ulrich, with three special allegations for Count 1: multiple counts of murder, killing while lying in wait and infliction of torture. In Count 2, Warren is charged with the murder of Suzanne Seemann, in Count 3 with the attempted murder of Jessica Hunt, in Count 4, with the attempted murder of Terri Vroman Little. There are two special allegations of his prior serious felony convictions as a juvenile in 2001 for attempted murder with great bodily injury and carjacking with great bodily injury.

Local bail bond company offers public tips to check and see if call is a scam

Yesterday, the Fortuna Police Department sent out a press release alerting public to a scam where the caller claims to be from the IRS or a bail bond company.

Steve Payton, manager of Bill Davidson Bail bonds told me, "if you get a call regarding bail bonds, you can ask for the license number and check them out at www.insurance.ca.gov. You can also ask them if they have a website."

BOLO issued for suspect allegedly violating restraining order, also charged with child abduction

On 11-29-2015 at about 4:43 PM Mendocino County Sheriff's Deputies were dispatched to contact an adult female regarding a child abduction and violation of a restraining order incident at a residence located in the 10000 block of West Road in Redwood Valley, California.

Deputies contacted the adult female who reported that her husband, Joshua Wambolt, had taken their 2 year-old child from the residence while stating he was leaving the state.

Deputies learned Wambolt had a domestic violence restraining order issued against him from the state of Colorado with the adult female and their 2 year-older daughter as being protected persons.

A statewide Be-On-The-Look-Out (BOLO) broadcast was issued for the apprehension of Wambolt for violation of the restraining order (273.6 PC) and for child abduction (278 PC).

On 11-29-2015 at about 6:30 PM Mendocino County Deputies located Wambolt and the 2 year-old child in a vehicle parked at the Walmart parking lot in Ukiah, California.

Wambolt was arrested on the listed charges and the child was safely returned to her mother.

Wambolt was booked into the Mendocino County Jail where he was to be held in lieu of $35,000.00 bail.

Brinks declines position of DHHS director

The Humboldt County Board of Supervisors will meet in closed session on Tuesday to discuss the position of Director of the Department of Health & Human Services as Kristin Brinks, who was recently appointed to the post, declined the offer.
The Board announced Brinks’ appointment on Nov. 17. She was scheduled to begin work in January. On Dec. 1 Brinks sent a letter to the Board informing the supervisors of her decision. In her letter, Brinks cited her personal support network in the Sacramento region and the satisfaction she has in El Dorado County, where she works currently.
Depending on the Board’s actions Tuesday, there may or may not be information to report out of closed session.

Using social media, long term impacts of drought, homelessness and mental issues just some of the issues at CSAC conference attended by Humboldt Board of Supervisors

The Humboldt County Board of Supervisors did not meet this week. They are at a California State Association of Counties 121 st annual conference.

Fifth District Supervisor Ryan Sundberg just gave me a brief preview of his week.

Monday:

Session on the long term impacts of the drought.

Session on how to more effectively communicate with the public including social media.

Tuesday:

Environment and natural resources - water rights 101, wild fire, and the new energy landscape. Sessions on poverty, homelessness, mental health issues, and legislative priorities. Workshop on a road user charge to look at new funding for crumbling roads.

Wednesday:

Supervisor Sundberg just did a presentation with Supervisor Rabbitt (Sonoma) on the fee-to-trust reform that is at the Senate.   This was for the Housing Land use, and transportation policy committee.


Sex offender charged with failure to register and then arrested for being under the influence of controlled substance

On 11-23-2015 at 3:40 PM Kenneth Dewitt arrived at the Mendocino County Sheriff’s Office to register as a sex offender as required by California law.

While waiting in the lobby Dewitt was observed to exhibit objective symptoms of being under the influence of a controlled substance.

Deputies contacted Dewitt who was aware he was supposed to have registered prior to 11-19-2015, thus was out of compliance with sex offender registration requirements.

Deputies learned Dewitt was also on California Department of Corrections parole and Mendocino County probation with terms to include no drugs, marijuana and obey all laws.

Dewitt was evaluated and determined to be under the influence of an illicit drug.

Dewitt was arrested on the listed charges and booked into the Mendocino County jail without bail due to a parole hold.

Anti-Slapp, constitutional rights and abuse of legal system, Brisso vs Bertain duke it out in lawsuit by Leo Sears against Greg Dale, Jack Crider and other Humboldt Bay Harbor Commissioners





On November 30, Judge Dale Reinholtsen patiently heard oral arguments by Mr. Paul Brisso on behalf of Humboldt Bay Harbor Commissioner Greg Dale and other commissioners as well as Humboldt Bay CEO Jack Crider who are being sued by private citizen Leo Sears, who is represented by Mr. Bill Bertain.

Judge Reinholtsen did not issue a ruling on November 30 and has taken the matter under submission.
The hearing was held for the lawsuit that Leo Sears has filed against Greg Dale, Jack Crider, and the rest of the Commissioners of the Humboldt Bay Harbor Recreation and Conservation District. Judge Reinholtsen did not make a ruling today on either the defendant's motion to strike or the continuance requested by Mr. Bill Bertain. 

The Fair Political Practices Commission sent a letter on November 10 to Mr. Bertain that they are looking into the allegations made by Mr. Sears. As required, they have notified Humboldt County District Attorney Maggie Fleming of this investigation they have opened.

Mr. Bertain filed an opposition to the defendant's motion to strike on November 16. Mr. Bertain also filed a declaration in support of objection to evidence based on newly acquired evidence on November 24. In this declaration, there are documents attached including emails which Mr. Bertain claims contradict declarations by Greg Dale that he did not participate in any Harbor District transactions with Pacific Seafoods/Coast Seafoods.

Mr. Brisso also filed responses. Mr. Brisso said that the lawsuit against Greg Dale was a violation of his first amendment rights and other constitutional rights. He also called most of the ex-parte issues "irrelevant."

At the November 30 hearing, Mr. Bertain asked the Judge for a 30 day continuance to file a supplemental opposition based on newly acquired evidence. There was no ruling issued on that request, yet.


From the FPPC Nov 5 monthly report:

Greg Dale     A-15-210 The Act does not prohibit a Commissioner of the Humboldt  Bay Harbor, Recreation and Conservation  District from  using campaign funds to pay for legal services related  to  defense of a civil lawsuit  alleging that the Commissioner  and the District violated Section 1090 because there  is a direct relationship between the  expenditure  for legal services and  the  Commissioner’s status as an elected officer.

Jay Wierenga, Fair Political Practices Commission Communications Director responded to me via email:

"Someone filed a complaint against Greg Dale. At this point, it is an active investigation. The FPPC does not have jurisdiction under the Political Reform Act to remove anyone from office. That would be up to any local ordinances that may be in place."

"Generally speaking, just receiving a complaint does not automatically trigger an investigation. Every complaint is looked to first (taken under review) to see if it has merit. If not, it’s dismissed. If so, then an investigation begins."

"If someone made a complaint and an investigation is opened, the full Commission does not approve a settlement/penalty until, obviously an investigation is completed and a proposed settlement/penalty is reached."

"As for what you sent me (from the Nov 5 monthly report), that appears to be an Advice Letter. Public officials can ask the FPPC Legal Division for advice, and that’s what this is, an advice letter.

 E. Advice Letter Summaries
Campaign
Greg Dale A-15-210
The Act does not prohibit a Commissioner of the Humboldt Bay Harbor, Recreation and Conservation District from using campaign funds to pay for legal services related to defense of a civil lawsuit alleging that the Commissioner and the District violated Section 1090 because there is a direct relationship between the expenditure for legal services and the Commissioner’s status as an elected officer."

Regarding the defendant's opposition to the ex-parte application by the plaintiff to continue the hearing for 30 days and the defense's objection to evidence related to special motion to strike, Judge Reinholtsen told Mr. Brisso he had not received his filed copy.

Mr. Brisso in his response called the Plaintiff's ex parte application, objections to evidence and motion to strike an "eleventh hour" filing. Mr. Brisso invoked Code of Civil Procedure 425.16, more commonly known as the Anti-SLAPP law and said, "the plaintiff's recent filings are untimely, fail to address the central issues in the motion, and are a transparent attempt to delay the hearing on the motion and create an authorized reply to the reply in the documents submitted in the motion.

In court Mr. Brisso said, "the defendant is entitled to an expedient resolution without discovery. Under the Code of Civil Procedure, they only have 9 days for a reply to the reply, they want 30 days."

Mr. Bertain responded that under Code of Civil Procedure 1054 there is a provision for upto 30 days. This is accurate according to  http://law.onecle.com/california/civil-procedure/1054.html.

Mr. Bertain said that the newly obtained evidence contradicts the "declarations of all five Commissioners, the CEO and Counsel."

Mr. Brisso bringing up the Anti-Slapp again said that "the first prong is whether there has been a showing by plaintiff to chill defendant's constitutional rights. The right to be elected is a constitutional right. The second prong is that the plaintiff threatened defendant Dale, asked him to resign from office and withdraw from the election and if he didn't, he would file a lawsuit. The plaintiff did not refute this, the plaintiff did not refute the timing of the lawsuit which interferes with Mr. Dale's right to run for office."

"The lawsuit was filed concurrently with mail in ballot procedures and plaintiff alleges that the timing was based on a September 15, 2015 quid pro deal." Mr. Brisso said that deal occurred in May 2014. "Now, Mr. Bertain wants to bring in what happened in June/August 2015."

"The shift of the burden is to the plaintiff for probability that he will prevail in the lawsuit," said Mr. Brisso in court.

Mr. Brisso then cited code saying that "the FPPC has sole jurisdiction to file lawsuit to enforce Code 1090 which plaintiff has done as a private citizen." Then minutes later Mr. Brisso clarified that the code he cited "on face a civil lawsuit can be filed and the FPPC does not have sole jurisdiction."

"This court does not have jurisdiction to remove an elected official," said Mr. Brisso, again clarifying that removal is limited to someone who has been convicted of a felony or fraud. "There is no evidence that Mr. Dale had any involvement. Mr. Dale had minor input into preliminary modification of the lease in Spetember 2015."

"I take issue with most of what counsel has said," is how Mr. Bertain started his response. "The FPPC is not the only authority to rectify the issue of conflict of interest." Mr. Bertain said that nowhere is the FPPC given exclusive jurisdiction. He cited a case he referred to in one of the filings, Thomson v Call as well as Government Code 1092. "There have been a number of cases decided in which private citizens" filed a complaint.

"What we are trying to do here is a private citizen is trying to nullify a transaction," said Mr. Bertain. "A 1.25 million dollar loan in exchange of a lease."

Mr. Bertain said that the FPPC can seek to remove someone from office. Referring to several exhibits in his filings, he said there are documents that "go into the pro quid transaction."

"The Sept 15, 2015 transaction is misdescribed (by Mr. Brisso), that document refers to document signed in May 2014," said Mr. Bertain. "Those transactions also violate Government Code 1090. The benefits to the public entity are significant."

Refuting what Mr. Brisso said, Mr. Bertain countered that "contracts can not only be voided if there is fraudulent conduct. According to our interpretation, Greg Dale is an officer and if an officer is involved in any way."

I am including a link to Government Code 1091.5 (b (2) so readers can check the definition of an officer for themselves. An officer does not neccessarily mean a corporate officer as Mr. Brisso claimed in court and it supports Mr. Bertain.

.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=1091.5


"The way the defendants are asking an officer to be viewed is narrow," said Mr. Bertain. He said Government Code 87103 is more appropriate in this instance. 

.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=87103.

Mr. Bertain said that the defense's use of anti-Slapp law was a violation of the code written to alleviate abuse of that law. "Our lawsuit is not about him seeking public office, it is about his conflict of interest. Conflict of interest is not a protected constitutional right."