Dec 19, 2015

EPD, HCSO and Fire Department accompany kids for Shop with a Cop


On the morning of Saturday, 12/19/15, 28 children from the Boys & Girls Club and Betty Kwan Chinn Day Center had the opportunity to participate in the Eureka Police Department’s second annual Shop with a Cop event.  The event began at 7:00 AM at the Boys & Girls Club on Prospect Avenue where around 50 meals donated from the Eureka McDonald’s were served to all.

While the children were eating breakfast, they received a special visit from Santa Clause himself.  The children were then taken to Target via a motorcade of police and fire vehicles.  Each child was paired with an adult and given a $100.00 Target gift card to shop with for Christmas presents.

This year’s funding for Shop with a Cop was obtained through generous donations from many sponsors including the Eureka Neighborhood Block Party, KEKA - Eureka Broadcasting Trucker’s Christmas Parade, Timber Heritage Association, Vellutini Baking Co., Harper Ford, Eureka Police Foundation, and Eureka Police Officers’ Association.  In addition, McDonald’s provided free breakfasts and Target gave every child a 20% discount on their purchases.  In all, approximately $4,300.00 was raised for this year’s Shop with a Cop.

17 members of the Eureka Police Department (officers, dispatchers and other non-sworn employees) participated in the event along with 3 uniformed deputies from the Humboldt County Sheriff’s Office and a Humboldt Bay Fire Department engine with 3 firefighters. Several family members of EPD personnel also participated.  All involved law enforcement personnel volunteered their own time for the event.

EPD would like to thank all those who made this event possible for these special kids.  We also thank those who may have been inconvenienced by the sights and sounds of the passing motorcade for their patience, understanding and goodwill.


Bail set for $165,000 for Tyler Durant's six open cases, including his recent arrest this Tuesday

From LOCO"S Booked:

TYLER JOSEPH DURANTFOPDFRESH ARRESTPossession of Controlled SubstanceHS11379.6(a),PC29800(a)(1),HS11350(a)Receiving Stolen PropertyTuesday, Dec. 15
9:27 a.m.

A citizen emailed me to follow up on Tyler Durant's arrest. This is from that email:


"He was arrested in Fortuna Tuesday morning after a night of thievery. He took things out of my neighbors car, my car and other places in Fortuna."

Durant's alleged charges are listed above.

Durant was arraigned yesterday. He currently has six open cases, including this one. He is still in Humboldt County jail and the total bail for all six cases is $165,000.

Durant's other arrests:

http://www.times-standard.com/20120522/decoy-operation-nets-arrest-3-citations
http://www.humboldtgov.org/Archive/ViewFile/Item/453


Dec 18, 2015

Two new deputy DAs hired by Humboldt County District Office

Humboldt County District Attorney Maggie Fleming today announced the hiring of two new Deputy District Attorneys: Michael McDonald of Blue Lake and Jamie Murdock of Orange, California. Both will be handling misdemeanor caseloads. Michael is a graduate of DePaul University and the University of Arkansas, Little Rock, Bowen School of Law. Jamie is a graduate of Central Washington University and Chapman University School of Law. Both have been working as law clerks in the Humboldt County District Attorney’s Office. Prior to joining our office, Jamie also clerked for the Orange County District Attorney’s Office. These two positions were funded by Measure Z. The DA’s Office now has 16 full-time Deputy District Attorneys. As a result of the addition of positions through Measure Z, vacancies that existed at the start of the year and the departure of attorneys, Fleming has hired 9 prosecutors this year.

Timothy Littlefield cuffed and taken unto custody, no bail, says I love you to his father twice

The January 7 date is vacated. Next date Feb 5. Timothy Littlefield cannot post bail. His previous bail bond is exonerated.

Timothy Littlefield Jr dressed in khakis and an olive green sweater came to court with his father, Timothy Littlefield, Sr and two other supporters.

Citing the recent decision by the Apellate Court, the length of prison sentence he faces and "the substansial risk of absconding," Timothy Littlefield was ordered remanded into custody as requested by the Humboldt County District Attorney's office.

I was present for both the morning and afternoon hearings today during which prosecution and defense presented their arguments. In the afternoon, the People presented elaborated on reasons for remand. The victim cobtacted the DA's office requesting that she would feel safer if Littlefield was in custody. Mr. Clanton repeated his arguments from the morning.

After the guilty verdict in the second trial, Littlefield faces upto 155 plus years to life unless a motion for a third trial is granted or additional evidence is provided by the defense regarding the second trial.

As the bailiff slapped cuffs on him in court, Littlefield bowed his head down. He turned to his father and said, "I love you." As he was being led away out of the courtroom, he also said, "I love you again" to his father and supporters.

The next court date is February 5, 2016 at 8:30 a.m.to decide motion for a new trial and for defense to provide supplemental evidence.

Please read post from earlier today for more details.

Jury trial for suspect in death of man dropped off at Mad River ER postponed since he is in between attorneys

The jury trial for Jonas Semore, one of  two men, charged in the homicide of David Ganfield was scheduled for December 21. That trial date has been rescheduled to February 8, 2016.

The reason being he is in between attorneys. He was represented by Ms. Kathleen Bryson, who withdrew from the case in December 17. Judge John Feeney granted that motion.

On December, Mr. David Celli was present with Semore in court. Whether his office will represent Semore will be confirmed on December 22.

There is pre-trial and confirmation of counsel scheduled for December 22 at 2 p.m. and Trial Confirmation on January 19, 2016.

Deputy District Attorney Roger Rees is prosecuting the case.

Oct 26, 2015


Jonas Semore charged with the death of David Ganfield who was dropped off at Mad River ER has jury trial postponed to December

Instead of his jury trial today, Jonas Semore had a disposition and reset hearing this afternoon in Courtroom 5.

Semore pulled his time waiver this afternoon. New jury trial date is December 21, Trial Confirmation is December 7 at 2 p.m. and Pre-Trial is on November 30 at 2 p.m.


Sep 9, 2015


Jonas Semore arraigned today for the murder of David Ganfield, jury trial set for October 26

Jonas Semore was scheduled for arraignment on information in Courtroom 1 this afternoon at 2 p.m. The compliant filed by the District Attorney's office charges Semore with Count 1 Murder and a special allegation of using a deadly and dangerous weapon during the alleged commission of the crime, a bat.

He is charged with the murder of David Ganfield. The co-defendant is still at large.

Jury trial set for October 26.

I was the only one to cover the two day preliminary hearing. Links below.

Deputy District Attorney Roger Rees is prosecuting the case. Ms. Kathleen Bryson is representing Semore.

Previous posts:

http://johnchiv.blogspot.com/2015/05/jonas-semore-co-defendant-in-david.html
http://johnchiv.blogspot.com/2015/08/witness-claims-that-minutes-before.html
http://johnchiv.blogspot.com/2015/08/peoples-witnesses-in-semore-case-bring.html
http://johnchiv.blogspot.com/2015/08/a-man-dropped-off-in-front-of-mad-river.html
http://johnchiv.blogspot.com/2015/08/this-case-is-like-virulent-case-of.html
http://johnchiv.blogspot.com/2015/08/nick-would-not-let-it-go-and-it-had-to.html

Partners in crime and partners in love, Cunha and Hamline plead and sentenced yesterday

James Cunha and Rebecca  "Plead as charged and received a combination of in custody and supervised release. The offer came from the Court,"according to Hamline's attorney, Mr. Allan Dollison.

Deputy District Attorney Roger Rees who prosecuted the case told me that Cunha and Hamline plead to the second amended information, which included both felonies and misdemeanors. The disposition from the Court was if Cunha and Hamline plead guilty to everything. They had more than one case.

"We opposed the disposition," said Mr. Rees. "One year in custody was not enough time given that their crime spree lasted one year and eight months." After release, Hamline will be on mandatory supervised release for five years; Cunha for seven years.


Last post:

Nov 1, 2015


"I think it is safe to say that no one will be pleased with the Court's decision"

James Cunha and Rebecca Hamline will be arraigned Monday, November 2 at 4 p.m. in Courtroom 1 for one of their many cases. On November 29, a hearing on a demurrer in one of the many cases scheduled for preliminary hearing on November 9 was filed by both Cunha's attorney, Mr. Neal Sanders and Hamline's attorney, Mr. Allan Dollison. The People represented by Deputy District Attorney Roger Rees opposed the demurrer. The People also filed a motion to join both cases.

Judge Feeney granted the People's motion to join the one case which will be going to preliminary hearing. In another case in which preliminary hearing was held this August, Mr. Dollison said "there were two counts. As to Count 1, the Court reduced a possession of stolen property, to wit a cell phone, to a misdemeanor. The complaint failed to allege and the people failed to prove a value over $950. As to Count 2, identity theft, the court held both to answer. The Court commented at this stage evidence was pretty slim and said these cases are extremely difficult to prove. "

Cunha and Hamline waived their  preliminary hearing in one large case and one small case. Charges from one of those cases were dismissed and added to the case for which the motions were heard on November 29.

Regarding the demurrer, here is another example of why Prop 47 is a disaster. Cunha and Hamline have been in prison previously, they have served time, they have lengthy criminal history. All three public defender offices have had conflicts because of their record and private attorneys had to be appointed.

Judge Feeney's tentative decision was his final decision regarding the demurrer. He heard arguments from all three attorneys.

"I think it is safe to say that no one will be pleased with the Court's decision," said Judge Feeney. Judge Feeney said that he sustained defense's claim regarding the counts and that each amount was less than $950 but he said the people could amend the information. He said the same about the non-sufficient funds which were less than $950. "People can amend these to  misdemeanors or file them as a single amount."

To sum up what Mr. Dollison said about the outcome on November 23, there were 19 counts against Cunha in this case that were felonies and 4 counts against Hamline that were felonies. "Those 23 felonies were reduced to 23 misdemeanors."

You can read the links below for details on about the demurrers.







If you have forgotten who they are, here is the most recent press release resulting in their arrest.

EPD Release:

On 07/21/15 at about 3:54 p.m., Officers with the Eureka Police Department conducted a routine traffic stop at the 1000 block of Broadway.  The two occupants were quickly identified as known serial thieves, James Cunha 43, and Rebecca Hamline 32, both of Eureka. 

Cunha and Hamline were taken into custody for active wants based on probable cause for recent theft and vandalism cases.  At the time of the traffic stop, Cunha was also a suspect in a pending call for service regarding check fraud.

Cunha and Hamline were transported and booked into the Humboldt County Correctional Facility for conspiracy to commit burglary, felony vandalism, and possession of burglary tools.  A bail enhancement was sought and obtained for $250,000 each. 

Additionally, the District Attorney’s Office is compiling a master case encompassing dozens of crimes throughout the county committed by Cunha and Hamline.  They were arrested on some of those charges on 07/08/15 and booked into Del Norte County Jail.  They were released on their own recognizance.

Cunha and Hamline both have prior convictions for conspiring together to commit burglary, theft, forgery, and fraud and have both served time in prison. 

Previous posts:

http://johnchiv.blogspot.com/2015/10/the-demurrer-that-could-let-rebecca.html
http://johnchiv.blogspot.com/2015/10/will-district-attorneys-master-case.html

Previous post and background:

johnchiv.blogspot.com/2015/10/will-district-attorneys-master-case.html?m=1


Three stolen vehicles recovered in alleged Ukiah theft, suspects allegedly driving under the influence

On 12-17-2015 at approximately 10:22 PM Deputies from the Mendocino County Sheriff’s Office responded to the report of a stolen dump trailer and vandalism of a vehicle in the 2000 block of North State Street in Ukiah, California.

Witnesses reported seeing three suspect vehicles leaving the Mendocino Auto Action property after vandalizing a vehicle and stealing an oversized dump trailer.

Once Deputies arrived at the location a vehicle was located, which had all of its windows broken out, and the trailer was found missing (stolen).

During a search of the area Deputies located the three suspect vehicles in Redwood Valley, California.

After conducting traffic stops of the vehicles, Jose H. Lopez and Jose A. Lopez were arrested for felony vandalism, conspiracy, and grand theft in connection with the incident.

The California Highway Patrol assisted the Sheriff's Office and determined Jose H. Lopez and Jose A. Lopez had been driving a motor vehicle while under the influence of an alcoholic beverage.  Both were subsequently arrested for driving under the influence of alcohol.

The trailer was subsequently located and recovered at a different location in Redwood Valley.

Jose H. Lopez and Jose A. Lopez were booked into the Mendocino County Jail for the listed violations and were to be held in lieu of $20,000.00 bail.

Willits man arrested for alleged assault of his 12 year daughter, $25,000 bail

On 12-12-2015 at approximately 9:30 PM, Deputies from the Mendocino County Sheriff's Office were dispatched to a reported physical assault of a child by her father at a residence located in the 30400 block of North Highway 101 in Willits, California.

Upon arrival the Deputies contacted Andrew Smith, his girlfriend and the couple’s 12 year-old daughter.

Deputies learned Smith had grabbed the girlfriend by the throat and pushed her onto a couch.  The daughter came to her mother’s aid by striking Smith on the arms and legs with a rod made of very lightweight aluminum.

Smith took the piece of aluminum from the daughter and struck her three times in the legs and once in the chest.  At that point the incident concluded and the daughter called 911 for assistance.

None of the involved persons had any complaint of pain or obvious visible injury associated with the incident.

Smith was arrested for misdemeanor domestic violence and corporal abuse of a child.  Smith was booked into the Mendocino County Jail to be held in lieu of $25,000.00 bail.

People request bench warrant for Timothy Littlefield, defense counsel tries unsuccessfully to change Judge Feeney's mind

Bennett vs Clanton, after three rounds of defensive and passionate advocacy by Mr. Russ Clanton, who represents Timothy Littlefield, Jr.; questioning and effort by Judge John Feeney to accomodate rescheduling; the People represented by Deputy District Attorney prevailed.

Littlefield was not in court because he posted bail and signed a 977 form, which is a waiver of personal appearance for certain court hearings.

Addressing the Court of Appeals ruling and custodial status was scheduled this morning at 8:30 a.m. The hearing proceeded and the matter is continued to December 22 at 4 p.m. I just found out at 10:30 a.m. that now the hearing has been changed to 4 p.m. today, which was one of the options given to defense. Initially, Mr. Clanton said that would be impossible to achieve today.

Littlefield has been ordered to personally appear in court for the hearing today by Judge Feeney.

For now, Timothy Littlefield remains a free man. That could change today.

Judge Feeney asked that the issue of custodial status be addressed first.

From a May 2014 article in the North Coast journal:

"Timothy Floyd Littlefield was facing eight life sentences in state prison without the possibility of parole stemming from convictions on 11 child molestation charges when he stood before Humboldt County Superior Court Judge John Feeney last week at a sentencing hearing. Instead of sentencing Littlefield to serve 188 years to life, as he said was his intent, Feeney declared a mistrial in the case, finding juror misconduct"

This morning in court, DDA Bennett said that the Court of Appeals reversed the Court's decision of a mistrial. "The defendant is in the same position he was when he was convicted," she said. "He was convicted without the option for bail."

The People requested that Littlefield be remanded unless a motion was given for a new trial. DDA Bennett said that Littlefield had been convicted of 11 counts of sexual misconduct against a child and facing 150 years to life and that due to public safety concerns and possibility of flight risk, a bench warrant be issued.

Mr. Clanton was very upset and emotional in his responses. snapping at the prosecutor twice this morning. "We are invited to provide more evidence" of juror misconduct. "He's out on bail. He has made every court appearance. He has never failed to appear."

Ms. Bennett said that it has been the People's position that Littlefield be in custody. Mr. Clanton responded, "There is no practical reason, this is predatory."

Judge Feeney asked Mr. Clanton if he intended to present additional evidence. Mr. Clanton told Judge Feeney there is additional evidence. "It exists. I have met with the investigators and Mr. Littlefield. I have 45 days to present that evidence to the Court. We have no intention of dragging this matter. We would like to get this to conclusion."

Ms. Bennett said that most of the time when Littlefield appeared in court, he was in custody. Ms. Bennett cited Penal Code 1166.

From http://www.leginfo.ca.gov:

1166.  If a general verdict is rendered against the defendant, or a
special verdict is given, he or she must be remanded, if in custody,
or if on bail he or she shall be committed to the proper officer of
the county to await the judgment of the court upon the verdict,
unless, upon considering the protection of the public, the
seriousness of the offense charged and proven, the previous criminal
record of the defendant, the probability of the defendant failing to
appear for the judgment of the court upon the verdict, and public
safety, the court concludes the evidence supports its decision to
allow the defendant to remain out on bail. When committed, his or her
bail is exonerated, or if money is deposited instead of bail it must
be refunded to the defendant or to the person or persons found by
the court to have deposited said money on behalf of said defendant.

Mr. Clanton disagreed and said that Littlefield had made other court appearances when he was out of custody. He added that there had been no additional offenses committed by Littlefield while he has been out of custody. He also told the Court that Timothy Littlefield is living in Redding.

No other media was in court. There is a disposition and reset hearing currently set for January 7, 2016 if there will be a third trial.

Review of appellate hearing and custody status scheduled in Timothy Littlefield's case for tomorrow

Tomorrow morning at 8:30 a.m. in Courtroom 1, the Humboldt County District Attorney's office has a hearing scheduled to review the appellate hearing and custody status in the Timothy Littlefield case.
The parties will appear before Judge John Feeney.

A disposition and reset hearing, if there is a third trial is currently set for January 7, 2016 at 2 p.m. in Courtroom 5.

Dec 15, 2015

Appellate court reverses Littlefield mistrial decision by Judge Feeney

I have been following this regularly.



DA's Press Release (as of 4:53 p.m.]

Today the First Appellate District of the State of California, Division One, reversed the Humboldt County Superior Court ruling in People v Timothy Littlefield which granted the defendant a new trial. In 2013 a jury found the defendant guilty of all charges related to his sexual misconduct with a child under 10 years of age.
The defense filed a motion for a new trial based on a declaration by a juror that addressed his mental processes during jury deliberations. The trial court conducted a hearing during which the juror recanted the declaration, stating he had not personally written it nor read it carefully before signing it. Nevertheless, the trial court granted the motion for a new trial.
The appellate court reversed the trial court and found the juror’s declaration irrelevant in assessing the validity of the verdict. The appellate court further stated: “…we think the appropriate remedy is not to affirm the order setting aside the verdict based solely on irrelevant evidence and speculation about what defendant could have proved, but to remand for further proceedings to determine whether relevant and admissible evidence of jury misconduct actually exists.”


Dec 17, 2015

"Weed greed and children do not mix." Sawatsky considering recall against Ryan Sundberg; "Kent tries to bully and threat when he does not get his way but it doesn't work."

If you watch the Humboldt County Board of Supervisors meetings, you need no introduction to Kent Sawatsky.

"I am not a public meeting enthusiast, but a public watchdog," said Mr. Sawatsky, who I just spoke with minutes ago. He attends The Humboldt County Board of Supervisors meetings regularly and other government agency meetings.

There is a HCOAG (Humboldt County Association of Governments) meeting starting at 4 p.m today. At that meeting, Mr. Sawatsky just called and threw the gauntlet down challenging 5th District Supervisor Ryan Sundberg. He said he is considering a recall against Supervisor Sundberg for "his position on cannabis issues."

Before calling me, Mr. Sawatsky went to the Humboldt County Elections Office and got the criteria for a recall."In the 5th District, I need to get signatures from 20 percent of 15, 465 voters."

"I am questioning whether it is necessary to initiate a recall for 5th District Supervisor Ryan Sundberg, " said Mr. Sawatsky. "Weed greed and children do not mix."

Mr. Sawatsky claims that Supervisor Sundberg does not return his calls. Mr. Sawatsky agreed with remarks by Karen Brooks and Uri Driscoll given during this Tuesday's meeting on commercial cultivation of cannabis. Mr. Sawatsky does not want grows on TPZ land and he wants limits placed as requested by environmental groups.

Mr. Sawatsky said he intends to contact Richard Salzman to get his input on this recall.

"I don't return his calls because he calls every day," said Supervisor Sundberg. "I also met with Natalynne DeLapp and Jen Kalt last week."

Supervisor Sundberg called Mr. Sawatsky "an ineffective bully."

"Kent tries to bully and threat when he does not get his way but it doesn't work." Supervisor Sundberg also said that Mr. Sawatsky lives in Supervisor Mark Lovelace's district and in Trinity County.


Supervisor Ryan Sundberg

Confusion cleared whether Richard Marks is still on NCRA Board and whether there is an open seat available

Leo Sears sent the following email to the Humboldt County Board of Supervisors:

"As a follow up to my recent email to support for the appointment of Uri Driscoll as a Director of the North Coast Railroad Authority, I have highlighted Kathy Hayes email below stating that Richard Marks two year term officially expired June 5, 2015"

Leo Sears email to Kathy Hayes, Clerk of the Board:

Kathy

I am writing this for clarity regarding the Maddy's List on Tuesdays agenda. As I read the names listed for the North Coast Railroad Authority, I note that Fennell has member after her name whereas there is there is nothing after Mark's name. While it is not clear, I could read that to mean that Marks' position is subject to appointment and Fennell's is not. But if this is true, the date of appointment and the date the term expires, as required by section 54972, are not given. I would appreciate your reply with both date's for Marks.

Thanks
Leo Sears

Kathy Hayes' response to Leo Sears and Supervisor Estelle Fennell:

Mr. Sears:  thank you for your email.  I see that the list you are referring to is our Boards and Commissions Appointment list that was approved by the Board of Supervisors on December 15th.  This information has been entered into an Excel Spreadsheet which makes it difficult sometimes to get all the information into one Cell.  Mr. Richard Marks is a Member of the NCRA Board appointed by the Board of Supervisors as the Public Member representing Humboldt County.  I will see if I can rework the information to make sure that his appointment shows up as a Member.  Regarding the NCRA appointments, Supervisor Fennell is the Board representative (appointed by the Board of Supervisors) to serve on the NCRA Board.  That appointment is a one-year term and is revisited annually each year by the Board.  Mr. Mark’s appointment on the NCRA Board is an appointment made by the entire Board as the Public Member representative from Humboldt County. Mr. Marks was  appointed by the Board to NCRA Board on June 4, 2013.  His term was for two years and his term officially expired on June 4, 2015. Per NCRA Board Bylaws, he can continue to serve until the Board either reappoints him or makes another appointment to fill the seat.   Finally, as a point of reference, the NCRA Board Roster is not maintained in our office but by the North Coast Railroad Authority staff and provided to us on an annual basis.  This is because the NCRA is a Joint Powers Authority (JPA) and the Board of Supervisors only has two appointments to make to this Board…….Board Member and Public Member from Humboldt County.  Hope this clarifies things a bit.  Thank you

 Kathy Hayes

Review of appellate hearing and custody status scheduled in Timothy Littlefield's case for tomorrow

Tomorrow morning at 8:30 a.m. in Courtroom 1, the Humboldt County District Attorney's office has a hearing scheduled to review the appellate hearing and custody status in the Timothy Littlefield case.
The parties will appear before Judge John Feeney.

A disposition and reset hearing, if there is a third trial is currently set for January 7, 2016 at 2 p.m. in Courtroom 5.

Dec 15, 2015

Appellate court reverses Littlefield mistrial decision by Judge Feeney

I have been following this regularly.



DA's Press Release (as of 4:53 p.m.]

Today the First Appellate District of the State of California, Division One, reversed the Humboldt County Superior Court ruling in People v Timothy Littlefield which granted the defendant a new trial. In 2013 a jury found the defendant guilty of all charges related to his sexual misconduct with a child under 10 years of age.
The defense filed a motion for a new trial based on a declaration by a juror that addressed his mental processes during jury deliberations. The trial court conducted a hearing during which the juror recanted the declaration, stating he had not personally written it nor read it carefully before signing it. Nevertheless, the trial court granted the motion for a new trial.
The appellate court reversed the trial court and found the juror’s declaration irrelevant in assessing the validity of the verdict. The appellate court further stated: “…we think the appropriate remedy is not to affirm the order setting aside the verdict based solely on irrelevant evidence and speculation about what defendant could have proved, but to remand for further proceedings to determine whether relevant and admissible evidence of jury misconduct actually exists.”

BB gun,meth, meth pipe and Oxycontin found during arrest of three in Willits

On 12-11-2015 at approximately 11:00 AM, a Mendocino County Sheriff's Deputy was patrolling the 600 block of Crest Drive in Willits, California.

During this time the Deputy observed a male driver in a red pickup truck pull up to a house and park in front.  A person later identified as being Fernando Duran exited the house and walked to the truck and engaged in behavior that was indicative of drug sales activity.

As the truck drove away, the Deputy observed a lighting equipment violation and initiated a traffic stop.  The driver, Marco Solis, was found to be driving without a driver’s license.

At the Deputy’s direction Solis began to exit the vehicle at which time the Deputy discovered what appeared to be a pistol concealed in his waistband.

A search of Solis’s clothing was conducted which resulted in the discovery of a baggie containing a small quantity of methamphetamine and a glass methamphetamine smoking pipe.  The suspected pistol was determined to be a BB air pistol that was a replica of a .357 caliber handgun.

Information gained by the Deputy during the traffic stop resulted in the issuance of a search warrant for the residence where Solis had been parked as observed by the Deputy.

The search warrant was granted and executed at the residence during the afternoon of 12-11-15.

Approximately 5.3 grams of methamphetamine, several Oxycontin pills, drug paraphernalia and packaging were discovered during the service of that search warrant.

Jose Duran and Fernando Duran were at the residence resulting in both being arrested for possession of methamphetamine in addition to sale/possession of a controlled substance.

Both were booked into the Mendocino County Jail to be held in lieu of $25,000.00 bail.

Marco Solis was arrested for possession of methamphetamine, possession of drug paraphernalia and for unlicensed driving.  Solis was cited and released upon his signed promise to appear at a future court date.

Dec 16, 2015

AT and T tells Humboldt County Sups they are planning a network upgrade due to recent outages in the area

Humboldt County Board if Supervisors recently received a letter from AT and T announcing a network upgrade due to recent outages in the Northern California area.

Here is a copy of the letter sent to the Humboldt County Board of Supervisors and other elected officials."


"December 16, 2015

Members of the Humboldt County Board of Supervisors
825 5th Street, Room 111
Eureka, CA 95501

Dear Members of the Humboldt County Board of Supervisors,
As you know, the North Coast has experienced a number of recent communications outages
resulting from fiber cuts. AT&T understands how difficult it can be to lose voice and data communications, even for a short time. The company has been exploring options and we have
positive news to share.

AT&T is upgrading the North Coast network to significantly increase the network’s protection
against outages or service disruptions caused by fiber damage. AT&T has already begun
engineering these upgrades, and we estimate they will be complete by the end of 2016.
Once
completed, the majority of the fiber miles in this area will be protected from single points of
failure. This improvement will help protect phone and internet services for consumers and
businesses in the North Coast from outages.
To better serve our customers in the North Coast region, AT&T will upgrade the wire centers on
the main route of the network in the area by installing new equipment in the central offices and
programming that equipment to route traffic over diverse fiber paths. This means that if fiber is
cut on one side of the wire center, the equipment will be able to switch and reroute through
another path, thereby making the network more resilient and reducing the risk of outages in
Humboldt, Lake, Mendocino, Napa, and Sonoma Counties.
These upgrades are part of our ongoing effort to make phased upgrades to our network as
technology continues to evolve. We remain committed to optimizing the AT&T network in the
North Coast with new technologies and increased capacity as they become available.

Thank you for your advocacy on behalf of the communities you serve. I look forward to working
together as we build a stronger, more resilient North Coast network in the year ahead.
Sincerely,
Marc Blakeman
Vice President, External Affairs
AT&T California
Sincerely,
Marc Blakeman
Vice President, External Affairs
AT&T California
Cc: Congressman Jared Huffman
State Senator Mike McGuire
Assemblymember Jim Wood
Members, Lake County Board of Supervisors
Members, Mendocino County Board of Supervisors
Members, Napa County Board of Supervisors
Members, Sonoma County Board of Supervisors



Senator McGuire hosts meeting focusing on technical education in public schools

 Today, State Superintendent of Public Instruction Tom Torlakson and Senator Mike McGuire hosted a critical bi-partisan meeting of influential Northern California business, agricultural, education and labor leaders on Career Technical Education in public schools. The discussion focused on the new grants that Senator McGuire secured this year, industry representatives outlined their priorities for a well-trained workforce and local educational leaders briefed the gathering on how they are advancing results-driven CTE programs, which benefit local students and our state’s economy. A robust conversation also took place on the need to secure a long-term, dedicated revenue source for CTE programs in the years to come.
 “We know that results-driven Career Technical Education increases high school graduation rates and ensures California has a skilled workforce that will help our economy grow,” Senator Mike McGuire said. “Nearly 70 percent of our state’s public high school graduates will not achieve a four year degree and we need to work together to secure a long-term funding source for these valuable career training programs since there are only three years left in this recent and final funding allocation.”
Senator McGuire has made it a priority to increase the state’s commitment to Career Technical Education by investing millions of dollars into new and expanded high-quality programs. Earlier this year, in partnership with the Administration, Senator McGuire and Superintendent Torlakson successfully organized a bi-partisan coalition that secured the largest investment in career training programs over the last decade – $400 million was included in the state budget for career training programs, with a total of $900 million allocated over the next three years. However, these funds are temporary and once this current funding cycle is completed, there will no longer be a reliable source of revenue for CTE programming in California.
“These collaborative programs have created remarkable teams, including high schools, community colleges, business and labor. So far more than 1,500 businesses have offered internships and mentorships. These are hands-on, relevant learning experiences with the clear purpose of preparing students for 21st Century jobs,” Torlakson said.
Across the state, CTE programs have been cut by districts as California’s education financing structure has undergone significant change. Because CTE classes are not part of high school graduation requirements, local school districts have less incentive to invest in those programs.
Wednesday morning’s meeting at the State Capitol – attended by 50 business, agricultural, labor and education leaders from across Northern California – was an opportunity to discuss and share the unique programs already in place throughout the state and begin the process of establishing a long term, sustainable funding source for career training and job skill programs in our local schools.
“CTE programs prepare students for in-demand careers like those in the evolving technology and health care industries along with manufacturing,” said Senator McGuire. “Investing in Career Technical Education programs is good for the economy and local businesses, and is important to the success of our future generations in the workforce.”
In addition to the largest investment in the last decade in CTE programs made this year, Senator McGuire’s Career and Job Skills Education Act ensures smaller school districts are not at a disadvantage when it comes to applying for CTE funding and that urban and rural districts alike that have high drop out and unemployment rates will receive priority when applying for funding. In addition, districts that have high English Language Learner populations, low income families and foster youth will also be provided priority.
Attendees of the meeting included representatives from: Humboldt, Trinity, Del Norte, Lake, Sonoma, Mendocino and Marin counties.
Representing Humboldt County were: David Enos, Humboldt County Office of Education, Dena McCullough, McCullough Construction, Susi Huschle, Humboldt County Office of Education, Sandy Dale, Fortuna High School Agriculture Program Specialist, Fred Van Vleck, Eureka City Schools Superintendent. 

Jason Warren sentencing date changed to January 13

As reported last week, the sentencing date for January 14 was changed due to scheduling conflicts.

New date January 13. Same time 8:30 a.m.

Dec 15, 2015

No bail for felon arrested in Redway in possession of firearms

On 12-15-2015, at approximately 12:45 p.m., a Sheriff’s Deputy assigned to the Humboldt County Sheriff’s Office Garberville Station was patrolling in the 500 block of Par Avenue, Redway.
The Deputy was paying particular attention to a well-known drug house when he located a suspicious person, later identified as Christopher Gould (age 40), standing on the front porch.  Gould observed the Deputy and quickly fled on foot towards the rear of the residence.  The Deputy called for additional assistance and maintained a cover position on the perimeter of the residence.  A short time later additional Deputies arrived on scene and began checking the property.
Deputies were able to locate personal items, such as a cellular phone and a hypodermic needle, along a fence line that surrounded the property.  Deputies continued their search and located Gould hiding in very think brush along this same fence line.  Deputies were able to detain Gould and continued their investigation.
Approximately five feet from where Gould was hiding, Deputies located a nylon holster and two firearms that were buried under a pile of leaves.  Deputies later learned these firearms were reported stolen from the Pacific Outfitters in Eureka on 08-08-2015 (Eureka Police Department case# 3C15-6147).  Deputies also learned that Gould has a felony warrant for violating his Post Release Community Supervision (PRCS) terms.
Gould was placed under arrest for possession of stolen firearms, felon in possession of a firearm, felon in possession of ammunition, felon in possession of a stun gun (which was found on Gould’s person), and possession of drug paraphernalia.  
Gould was transported to the Humboldt County Correctional Facility where he was booked on his PRCS warrant and the above charges.  At this time Gould is ineligible for bail.  

No prior criminal history, defendant's remorse and victim's wishes lead to plea of false imprisonment instead of rape in HSU case

This afternoon Judge Timothy Cissna accepted a plea to a felony, "false imprisinment committed  by violence, menace, force or deceit" from Andrew Stone.

The resolution only involved pleading guilty to this charge against Jane Roe.

Three years of formal supervised probation, Stone was given 518 days jail time but he had already served 259 actual days and got good time credit for 259 days with no additional jail time, he is required to participate in a sex offender treatment program and abstain from alcohol and a criminal protective order to stay away from both alleged victims in the original complaint and the HSU campus. All this was part of the plea agreement. Stone does not have to register as a sex offender under Penal Code 290.

Stone cannot possess firearms for life. After release he has one or two jobs awaiting him in another County and his attorney, Ms. Kathleen Bryson informed Judge Cissna that they were working with probation as required.

"My client is very sorry and remorseful," said Ms. Bryson. "He takes this whole matter seriously. One of the key things for him will be his sobriety. But for that, things may have been different. He has no prior criminal history at all."

DDA Bennett shared with Judge Cissna that "there were multiple reasons for this resolution. The defendant is 19 years old, he has no prior criminal history until now, no additional victims have come forward. We also looked at the nature of the behavior and strength of the case. The victim wants to move forward with her life and with school"

"It was very important to us that he do the sex offender treatment program and agree to the abstention clause. We appreciate that the defendant recognizes that was a factor.'

Judge Cissna's decision was based on the recommendation of the Probation report and the People who agreed with the Probation recommendation. Andrew Stone's mother and grandmother were present in court. The victim was present but she did not address the court.

Nov 16, 2015


Charges of rape dismissed against HSU student, plea entered to false imprisonment

Andrew Stone's attorney, Ms. Kathleen Bryson told me that charges of rape were dismissed against her client.DDA Brie Bennett did not agree with that characterization. A stipulated plea agreement requires Stone to plead guilty to charges of false imprisonment. He will not have to register as a sex offender and if the plea will be accepted by Judge Timothy Cissna on December 15, Stone who has no prior criminal record, will most likely be sentenced to probation.

Oct 28, 2015


HSU student arraigned for forcible rape

Today, Andrew Stone was arraigned for jury trial in Courtroom 5 for one count of Forcible Rape only against one victim. If he is found guilty, the sentencing range is three, six or eight years in state prison. It is considered a violent felony under California law, so it is a "strike" under the Three Strikes law and the defendant would have to serve 85% of any prison sentence imposed before becoming eligible for parole.

Ms. Kathleen Bryson is representing Stone. Deputy District Attorney Brie Bennett prosecuting the case. Today, DDA Roger Rees subbed in for his colleague.


Before the preliminary hearing, Andrew Stone, a student at HSU was charged with Count 1 forcible rape against Jane Doe, also a HSU student, Count 2 sexual penetration by a foreign object against Jane Doe and Count 3 forcible rape of Jane Roe, also a HSU student. Each count had a special allegation that there was more than one victim. After testimony ended in the preliminary hearing, Ms. Bennett acknowledged no evidence had been provided for Count 2. Stone was held to answer to Count 1 and 3. Stone was not held to answer on the special allegations l. Judge Feeney said that that in the probable cause hearing, the People had met their burden of proof and reasonable guilt was shown.

Links:

http://johnchiv.blogspot.com/2015/10/he-said-he-could-make-me-feel-really.html
http://johnchiv.blogspot.com/2015/10/i-told-him-i-didnt-want-it-to-happen.html

Financing for cannabis not yet legal federally a challenge, indoor growing encouraged in feedback to Board of Supervisors

After presentation by staff, lot of public comment on medical marijuana ordinance.

CCVH's Luke Bruner, Manhard Cinsulting's Terra Carver, Uri Driscoll, local environmental attorney Paul Hagen, Karen Brooks were among the diverse crowd in the Board of Supervisors chamber thus afternoon.

Ian Herndon of Humboldt Boutique Garden in public comment reminded Supervisors that marijuana is federally classified as a drug that does not allow access to funding in banks currently and to keep that in mind because compliance requirements are expensive and time is needed to get financing.

A few public commenters encouraged regulations for indoor growing saying this would allow them to get out of garages.

Another commenter saud that they need to consider input from people not at the meeting. He pointed out that most of the input to the Planning Commidsion by "an advocacy group" putting forward their interests.


Motion to continue granted in Ortiz case, 995 granted partly other key decisions pending

Judge Stephen Mock has been specially assigned to the Rodney and Vincent Ortiz trial.

Today in Courtroom, several decisions were made.  A motion to continue in Rodney Ortiz case was granted. Setting of jury trial is put over until January 19, 2016.

The motion to quash a subpoeana served on the Del Norte County Sheriff's office has been taken under by the Judge who will issue a ruling. A 995 motion in the Rodney Ortiz case was partly granted where the allegations of attempted murder of a peace officer which was incorrectly entered in the computer was dismissed. The 995 was also partly denied.

Connie Beck interim director for DHHS, Cheryl Dillingham interim CAO

Beck effective Dec 29, 2015. Dillingham effective January 30, 2016.

County Press Release:

The Humboldt County Board of Supervisors today appointed Cheryl Dillingham to the position of interim County Administrative Officer (CAO) and Connie Beck to the position of interim Director of the Department of Health & Human Services (DHHS).
Dillingham will replace current CAO Phillip Smith-Hanes, who submitted his letter of resignation to the board yesterday. Smith-Hanes has accepted a position as County Administrator of Ellis County in Kansas, near his home town in Marion County. His last day with the county will be Jan. 29, 2016. Beck will replace DHHS Director Phillip R. Crandall, who will retire Dec. 28 after 31 years of service.
Dillingham has worked for the county for more than 28 years and served as Assistant CAO since 2012. Beck has worked for DHHS for 20 years, the last three as Assistant Director, Administration.
Dillingham and Beck will serve in their posts until the Board makes permanent appointments.

About a dozen activists including Janelle Egger, Nezzie Wade, Erin Powers Taylor and ten other people including a man, currently homeless living at Palco Marsh with his wife spoke eloquently as did two others speaker, who has been homeless, far more efective than thosei regular public commenters who yelled and dramatically entreated the Board of Supervisors to declare a "shelter crisis" for the homeless.

Uri Driscoll and,Kent Sawatsky spoke in favor of back up plans and shelters.

Kent Sawatsky thanked Virginia today during public comment for having the moxie to look people in the eye when they are speaking, even if it is uncomfortable, instead of shuffling papers.

Apellate court reverses Littlefield mistrial decision by Judge Feeney

I have been following this regularly.

http://appellatecases.courtinfo.ca.gov/search/case/disposition.cfm?dist=1&doc_id=2078140&doc_no=A1419
29

To view opinion document for this case, 
http://www.courts.ca.gov/opinions/nonpub/A141929.PDF [DOC] http://www.courts.ca.gov/opinions/nonpub/A141929.DOC

DA's Press Release (as of 4;53 p.m.]

Today the First Appellate District of the State of California, Division One, reversed the Humboldt County Superior Court ruling in People v Timothy Littlefield which granted the defendant a new trial. In 2013 a jury found the defendant guilty of all charges related to his sexual misconduct with a child under 10 years of age.
The defense filed a motion for a new trial based on a declaration by a juror that addressed his mental processes during jury deliberations. The trial court conducted a hearing during which the juror recanted the declaration, stating he had not personally written it nor read it carefully before signing it. Nevertheless, the trial court granted the motion for a new trial.
The appellate court reversed the trial court and found the juror’s declaration irrelevant in assessing the validity of the verdict. The appellate court further stated: “…we think the appropriate remedy is not to affirm the order setting aside the verdict based solely on irrelevant evidence and speculation about what defendant could have proved, but to remand for further proceedings to determine whether relevant and admissible evidence of jury misconduct actually exists.”
The District Attorney’s Office is requesting that the hearing outlined by the Court of Appeals be completed as soon as the trial court is available.

$150,000.00 bail set for two female suspects allegedly assaulting another woman

On 12-01-2015 at approximately 2:00 PM Deputies from the Mendocino County Sheriff's Office were dispatched to a possible physical assault in the 1800 block of North State Street in Ukiah, California.

When Deputies arrived they contacted an adult female who stated she had been assaulted by two females and that they had stolen her cell phone after the assault.

The two suspects were identified as being Maria Gonzalez and Alison Marie Sanchez.

Deputies learned that the adult female was walking along the sidewalk area in the 1800 block of North State Street when the two suspects drove up in a black vehicle, exited and confronted her about a previous encounter they all had.

The adult female was then attacked by Gonzalez and was taken to the ground where Sanchez then physically took possession of the adult female’s cell phone.

An arrest B.O.L.O (be on the lookout) was issued for both Gonzalez and Sanchez for robbery and conspiracy to commit a crime.

On 12-02-2015 at approximately 7:00 PM Deputies from the Mendocino County Sheriff's Office received information from an anonymous person that both Gonzalez and Sanchez were in the 1300 block of North State Street in Ukiah, California.

Deputies subsequently located and arrested Sanchez and Gonzalez without incident for the above charges.

Both were booked into the Mendocino County Jail where Gonzalez was to be held in lieu of $155,000.00 bail and where Sanchez was to be held in lieu of $150,000.00 bail.