Jan 8, 2016

Robbery at Red Roof Inn in Arcata

On Friday January 8, 2016 at approximately 7:00 am, the Arcata Police Department responded to a robbery that had just occurred at the Red Roof Inn located at 4975 Valley West Blvd in Arcata.

The suspect entered the business and demanded cash from the front desk clerk and then fled on foot with an undisclosed amount of currency.  No weapon was seen and no injuries were reported.

The suspect was described as a white male adult, approximately 6'0" tall with a medium build.  His clothing was described as a black hooded sweatshirt with the hood up, a scarf over his face and black gloves. 

This incident remains under investigation and the Arcata Police Department is requesting anyone with information to call the APD Investigations Unit at 707-822-2424 or the APD tip line at 707-825-2587.

UC Davis partnership with Humboldt health care providers on next Tuesday's BOS agenda

Tuesday's morning BOS session will feature one of Humboldt's and one of my favorites, former Marin County Supervisor, Susan Adams.

Susan Adams of the UC Davis School of Nursing will be presenting information
to the Board about the partnerships between UC Davis graduate NP/PA program and Humboldt health care
providers that have agreed to precept the students. The UC Davis School of Nursing is committed to
training quality health care providers who are competent in delivering care in rural communities.

Medical Marijuana Land Use Ordinance on BOS agenda Monday and Tuesday

After public comment on Monday, January 11, 2016 at 1:30 p.m., the rest of the afternoon will be the Board continuing their discussion on the Medical Marijuana Land Use Ordinance.

Monday at 1:30 p.m.

B AFTERNOON DISCUSSION ITEMS Planning and Building Department Continued Board consideration of approval, modification or disapproval of Planning Commission recommendation on proposed Ordinance adding section 313-55.4 et seq. to Title III, Division I Chapter 3, Section B, Part 1 (Coastal Zoning Regulations), and section 314-55.4 et seq. of Title III, Division 1, Chapter 4, Section B, Part 1 (Inland Zoning Regulations) to the Humboldt County Code relating to Phase IV of the Medical Marijuana Land Use Ordinance setting for regulations for cultivation, processing, manufacture and distribution operations and facilities. That the Board of Supervisors: 1. Deliberate and provide direction to staff regarding modifications to the recommended draft ordinance and Mitigated Negative Declaration (MND) focusing on the bulleted items in Attachment 1 and those identified by individual Board members; and 2. Continue Board consideration of the draft ordinance and MND to the meeting of January 12, 2016. Recommendation: 

Attachments: Continued Board Discussion of Planning Commission Recommendation on Proposed 

Tuesday's agenda will be online shortly. This item will be on Tuesday as well, confirmed Kathy Hayes, Clerk of the Board. It is on in the afternoon.

Continued Board consideration of approval, modification or disapproval of Planning
Commission recommendation on proposed Ordinance adding section 313-55.4 et seq. to
Title III, Division I Chapter 3, Section B, Part 1 (Coastal Zoning Regulations), and section
314-55.4 et seq. of Title III, Division 1, Chapter 4, Section B, Part 1 (Inland Zoning
Regulations) to the Humboldt County Code relating to Phase IV of the Medical Marijuana
Land Use Ordinance setting for regulations for cultivation, processing, manufacture and
distribution operations and facilities.
1.
That the Board of Supervisors:
1. Receive staff summary of modifications to the draft ordinance and Mitigated
Negative Declaration (MND) as directed by the Board of Supervisors on their
January 11, 2016 meeting;
2. Deliberate and provide further direction to staff as necessary, regarding any
possible modifications to the recommended draft ordinance and Mitigated
Negative Declaration, with possible substitution of mitigation measures, within
the range of alternatives previously considered by the Planning Commission
during its hearings;
3. Set January 26, 2016 as the date for a public hearing to be held before the
Board of Supervisors when the Mitigated Negative Declaration and ordinance
may be adopted; and
4. Direct the Clerk of the Board to publish the pre-adoption summary of the
Ordinance and to post a certified copy of the full text of the proposed Ordinance
in the office of the Clerk of the Board meeting at which the Ordinance will be
adopted. [Government Code Section 25124(b)(1)].
Recommendation:
Continued Board Discussion of Planning Commission Recm.pdf
Karuk Tribe Ltr.pdf

"I understand that there is public interest in this personal matter. I would simply ask that others reserve judgment until the legal process has concluded."

I also contacted Mark Wheetley via email and just happened to run into him an hour ago.

Mr. Wheetley gave me this response:

"Thank you for the opportunity to respond to your inquiry."
 
At this time I want to say that:  " I understand that there is public interest in this personal matter. I would simply ask that others reserve judgment until the legal process has concluded."

Mark Wheetley's arrest yet no charge is news but Hezekiah Allen gets a pass even after he plead guilty to a DUI?

From Humboldt County Jail Reports:

Mark Edward Wheetley arrested by California Highway Patrol 1/7.16 at 9:30 p.m. for VC23152(a).

Arrest does not mean that he will be charged. 


From Shouse Law site:

Most people who get arrested for DUI in California ultimately get charged with two separate misdemeanor offenses:
  • driving under the influence of alcohol and/or drugs, under California Vehicle Code 23152(a) VC, and
  • driving with a blood alcohol content of 0.08% or greater, pursuant to California Vehicle Code 23152(b) VC.2
Penalties for DUI offenses increase with each "prior" conviction.  Penalties generally 
consist of probation, alcohol education classes, fines and possible jail time.  A 
first-time offender faces no mandatory minimum jail time, while a second-time offender 
faces a minimum of 96 hours in county jail.  For a third-time offender, minimum jail 
time increases to 120 days.  A DUI causing injury can be charged as either a 
misdemeanor  or felony and can involve state prison time.


LOCO and TS reported on  Wheetley yet Noah Levy's DUI arrest was only reported after I wrote about it on my blog and called out lack of coverage in the media.

Hezekiah Allen has run for office twice, and backed out, he is very active in the marijuana growers association and lobbying for certain causes and politicians. His case actually proceeded through the court system and he eventually plead out. Hezekiah Allen has three older cases in the court system, one for unsafe speed, another for unsafe lane change and one for using cell phone while driving with two bail bond forfeitures.  No coverage on any media other than links to my blog.

Kailan Meserve, the son of Arcata City Council member Dave Meserve, was held to answer charges after a preliminary on several alleged sexual assault charges. No report on that in any media.

This is Mark Wheetley's first arrest and it is news because he is running for office? 


Ryan Sundberg was not in office when his DUI was covered; Johanna Rodoni was a former Supervisor and her DUI arrest was covered. Selective coverage is not okay.


Second jury trial for Fieldbrook double homicide postponed until January 25

Today, during the trial assignment calendar, the defense made a brief motion to continue the second jury trial for Jason Arreaga due to "expert availability." The defense expert was just released from the hospital, said Arreaga's attorney, Ms. Heidi Holmquist, and needed time to prepare a report which needs to be given to the prosecution.

District Attorney Maggie Fleming told Judge Joyce Hinrichs that she had spoken with the prosecuting attorney, Mr. Zachary Curtis and the People did not object to the continuance.

Finding good cause, Judge Hinrichs granted the defense motion.

Arreaga entered a limited time waiver.

Trial assignment is now on January 22 and the second jury trial is scheduled for January 25 at 8:30.

Jan 4, 2016

Second jury trial for Fieldbrook double homicide confirmed for January 11

A trial readiness was scheduled this afternoon for Jason Arreaga, for his second jury trial currently scheduled for January 11, 2016. That was confirmed by both parties.

Including jury selection with full day sessions, the trial estimate is 4 weeks.

The jury deadlocked, 9 guilty, 3 not guilty at the first trial in October 2015.

Arreaga is charged with the deaths of Harley Hammers and Angel Tully.

Randy Cook settles civil lawsuit with his grandaughter, plead guilty in criminal case

I just saw the victim's mother, Randy Cook's former daughter-in law and her attorney.

Details of the settlement are confidential.

Paul Brisso represented both Randy and Suzanne Cook.

I was the only one to cover this case for months.

May 1, 2015


Randall Miles and Suzanne Cook sued by their grandaughter; Cook's former victim; Cook plead down original charges and was convicted in a criminal case

Randall Cook was originally charged with more serious charges in the case involving his own grandaughter, plead to child endangerment in a plea deal  under Paul Gallegos' administration. The victim was his own granddaughter. His real estate license has been revoked. Randall Cook spent time in jail even after the plea deal.

The only coverage of this case was on this blog, for months. Now his grandaughter (through her guardian ad litem Veronica Cook, who is also the victim's mother and Randall Cook's former daughter-in-law) has filed a civil lawsuit alleging personal injury and other damages.

The minor victim is being represented by Patrik Griego of the Janssen and Malloy law firm. The action is an unlimited civil case. The lawsuit alleges that the plaintiff is 8 years old at the time of this new lawsuit. She was younger at the time previous charges were filed. Due to the age of the minor, I will not post a copy of the lawsuit as it alleges very specific details of the alleged sexual abuse suffered in this new lawsuit. Cook has been convicted of the acts against this minor child in his last criminal case and that is stated in the civil lawsuit.

Patrik Griego is the same attorney who was the first lawyer in Humboldt to get restitution for a sexual abuse victim as allowed in California law. Here is the link to that case http://johnchiv.blogspot.com/2014/04/another-first-for-patrik-griego.html?m=1

The victim's mother is now divorced from the father. In a small community, she has faced consequences for speaking up for her daughter. I will share her experiences  and what others have shared  me at the appropriate time. I was in the courtroom several times and Cook's entire family stood by him.

I have been contacted by people to back off from this case. Due to the anonymous comments, I cannot verify who the persons are but they reference Randy Cook by his first name.

The Ingomar Club never called me back regarding the status of Cook's membership. I was looking to confirm whether they had revoked his membership.

Previous post with links to other posts on this case:

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

Some of the previous coverage:

http://johnchiv.blogspot.com/2014/03/local-realtor-randy-cook-sentenced-to.html?m=1
http://johnchiv.blogspot.com/2014/03/local-realtor-randy-cook-sentenced-to.html
http://johnchiv.blogspot.com/2013/12/randy-cook-local-realtor-guilty-of.html?m=1
hnchiv.blogspot.com/2014/05/randy-cook-told-to-turn-himself-in-to.html

Jan 7, 2016

Deceased woman found on Haul Road had been reported missing to Willits PD

On 1-07-2016 around 11:58 AM the Mendocino County Sheriff's Office received several 911 calls regarding a deceased female on the California State Beach, at the south end of the MacKerricher State Park. This area is commonly referred to as the "Haul Road".  State Park personnel responded to the area and confirmed there was a deceased female and called for the Coroner to respond.

The State Parks requested assistance from the Mendocino County Sheriff's Detective Unit.   During the investigation it was learned a female, 33 years or age, who resides in Little River had been reported missing to the Willits Police Department earlier that morning around 8:00 AM.  This person had been experiencing mental health issues and had been staying in the Willits area temporarily.

The investigation confirmed the decedent was indeed the woman reported missing to the Willits Police Department.  She had last been seen around 5:30 AM that morning and discovered missing shortly before 8:00 AM.

The decedent's Next of Kin has not been notified so her identity is not being released at this time.

The case is currently under investigation. Anyone with information related to this case is requested to contact the Mendocino County Sheriff's Tip Line at 234-2100.

If you are going to put a facebook post making unsubstantiated allegations, then refuse to meet with the person you sling mud about, and you aren't even local?

https://m.facebook.com/Hoacad/photos/a.375585152512771.83835.375485405856079/1008716519199628/?type=3

https://m.facebook.com/story.php?story_fbid=1008726899198590&id=375485405856079

I will just let the facebook posts speak for the "homeless activist" group and their agenda.

I contacted Aaron Ostrom and just spoke with him. He said he found out about this from a notification he got from Yelp about his store.




The group is identified incorrectly. Toby, you don't live here but feel you can comment on local issues, but you don't have the guts to stand by your words. You also need to get your facts right.

You have a facebook account, a twitter account, you travel "regionally" to "protest", information easily available on you through Google search.

Have you put any effort and the enormous time you spend blaming others into holding yourself accountable?

 Posting on someone's business page when they are a member of a community group and their business has nothing to do with the issue is not okay.



So who are these people from Eureka and Arcata that Aaron Ostrom needs to speak with? And Toby Nixon, don't facebook people you don't know. If you have a response, make it here publicly.


Jury trial for David Viveiros charged with sex/sodomy and oral copulation/penetration and aggravated sexual assault of a minor child delayed due to defense expert availability

Defense requested a continuance for setting of trial date for David Viveiros' jury trial to "determine defense expert availability." Public Defender Meagan O' Connell is representing Viveiros. Deputy District Attorney Stacey Eads is prosecuting the case.

On January 6, the People wanted "dates to be set as soon as possible". Judge Joyce Hinrichs granted the defense motion to continue. Dates were set on a time waived basis. Pre-trial is set for February 3, Trial Confirmation for March 21 and Jury Trial for April 4 at 8:30 a.m.

Nov 6, 2015

Jury trial set for David Viveiros charged with sex/sodomy and oral copulation/penetration with a child under 10 and aggravated sexual assault of a child under 14

 For the jury trial that is scheduled for December 28, Viveiros was arraigned on seven Counts.

Count 1 is sex/sodomy with a child under 10, Count 2 is oral copulation/penetration with a child under 10, Count 3 is sex/sodomy with a child under 10, Count 4 is sex/sodomy with a child under 10, Count 5 is sex/sodomy with a child under 10, Count 6 is sex/sodomy with a child under 10 and Count 7 is aggravated sexual assault of a child under 14 years.

Times was not waived. Pre-Trial hearing on November 30 at 2 p.m. . Trial Confirmation is December 14 at 2 p.m.
Deputy District Attorney Zachary Curtis was present for the People. Public Defender Ms. Meagan O' Connell subbed in for her colleague Luke Brownfield, who is representing Viveiros.

David Viveiros was held to answer on charges after his preliminary hearing, the People did not ask for certain counts to be held. These counts were for sex/sodomy with a child under 10 and oral copulation/sexual penetration with a child under 10.

Before the preliminary hearing, David Viveiros was charged with 16 counts of alleged sexual acts with a child under the age of 10 PC 288.7 (a).

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

All charges are the same victim.

He is charged with 16 felonies and additional allegations against him which are serious felonies/strikes."
He also had a CLETS protective order served on him in court.
Previous posts:

johnchiv.blogspot.com/2015/10/preliminary-hearing-for-man-charged_14.html
johnchiv.blogspot.com/2015/10/preliminary-hearing-for-man-charged.html
http://johnchiv.blogspot.com/2015/09/dna-discovery-causes-continuance-for.html
http://johnchiv.blogspot.com/2015/08/county-counsel-files-motion-to-quash.html
http://johnchiv.blogspot.com/2015/06/man-charged-with-16-counts-of-alleged.html
http://johnchiv.blogspot.com/2015/06/david-viveiros-charged-with-sexual.html

While awaiting new trial for alleged sexual molestation case, another 2009 case for Timothy Littlefield, Jr keeps getting continued

The motion for the third trial on the sex case where in the second jury trial, he was found guilty of 11 counts if sexual molestation with a minor child is set for February 2.

In that case, Littlefield was convicted of 11 counts, a mistrial in that verdict was overturned recently by the Court of Appeals. The 11 counts Littlefield was charged with were; Count 1 Engage in sexual intercourse/sodomy with a child under 10; Count 2 Penetration by a Foreign Object; Count 3 Lewd or Lascivious Act with a child under 14 years; Count 4 Oral Copulation/penetration with a child under the age of 10; Counts 5 to 9 ; Count 10 Engage in sexual intercourse/sodomy with a child under 10 and Count 11 Oral Copulation or Penetration on a Child Under 10.


Today, there is another 2008 case with two counts: inflict corporal injury on spouse/cohabitant and cause or permit cruelty to a child. A disposition and reset hearing is scheduled today for 2 p.m. in Courtroom 5. This hearing has either been continued or vacated at the request of defense since 10/15/14.

Littlefield is still in custody since he was remanded on 12/18.

Peanut has been found!

Peanut has been found and is at the Mckinleyville Animal Care Center.

Jan 6, 2016

Supervisor Ryan Sundberg receives Community Builder Award from MCSD

Supervisor Ryan Sundberg received the Community Builder Award from the Mckinleyville Community Services District.

Supervisor Sundberg was honored for his dedication and building a healthy, vibrant and safe community.


U.S. Forest Service employee served with protective order; he retains California trial lawyer of the year as his attorney

Roberto Beltran, who was arraigned on January 5, was back in court today and served with a protective order barring him contact with his wife and two children.

He entered not guilty pleas yesterday and has retained the services of private attorney, Mr. Patrik Griego. Mr. Griego has won several state and national awards, including national and California trial lawyer of the year.

Judge Hinrichs heard from both attorneys before signing the CLETS protective order. Today, she denied supervised visitation with Beltran's sons requested by the defense. Beltran can seek revised orders from family law court for supervised visitation.

Deputy District Attorney Stacey Eads said the mother and children are no longer living in the family home.

There is an intervention set for February 17 at 3 p.m. and Preliminary hearing is scheduled for March 16 at 8:30 a.m.


Jan 4, 2016


U.S. Forest Service employee to be arraigned tomorrow on 2 alleged lewd acts on a minor male child

Roberto Beltran, who is employed locally by the U.S. Forest Service will be arraigned tomorrow afternoon on two felony counts, Count 1 forcible lewd act upon a child, John Doe and Count 2 Lewd or Lascivious Act on a Child under the age of 14. These acts allegedly occurred "on or about November 5, 2015."

He was arrested but released on bond.

Stolen vehicle recovered in front of Smug's pizza, juvenile arrested

On Tuesday, January 5, 2016, at approximately 2 p.m., the Humboldt County Sheriff’s Office received information regarding a vehicle that was reported stolen the previous night. The vehicle was stolen from Chance Lane, McKinleyville by a 14 year old male juvenile suspect. The vehicle was reported to be located in front of Smug’s Pizza on Central Ave. Deputies responded and the juvenile suspect fled on foot from deputies. Deputies pursued the juvenile on foot but soon lost the suspect in a nearby wooded area. Approximately one hour later the juvenile was reported to be near a residence on Chance Lane. Deputies responded and were able to apprehend the juvenile without incident. Neither the juvenile nor deputies were injured during this incident.
The juvenile was transported to Juvenile Hall where he was booked for vehicle theft; resisting arrest; and failure to obey orders of juvenile court.

Attorney for Derek Payton suspect in Eli Walin homicide files motion to withdraw

A hearing for confirmation of counsel and new dates to be set is scheduled for this afternoon.

Public defender Casey Russo was confirmed as Payton's attorney today.

Preliminary hearing is February 9 at 8:30 a.m.; Intervention is on January 26 at 3 p.m.

Nov 3, 2015

Derek Payton arrested for Eliot Walin homicide

I had already done a post that this was pot related on October 27.

Oct 27, 2015

"Everyone on the streets knows who did it", Source close to man shot at Watson and F alludes to pot as motive

Eliot Michael Walin, was known as Eli to his friends.

Michael Acosta, who represented Eli in his 2013 cases and considered him a friend called his death tragic. He leaves behind his young daughter, Elliot, named after him and a mother and sister who are very close.

Eli did serve time in prison, he had a few cases in the Humboldt Superior Court system, the most recent being the 2013 charges against him for assault on Deputy Conan Moore. He plead to one charge but had another similar charge dismissed. He also had two misdemeanor assault and bettery cases in 2013, one against an Andrew Lee Cross dismissed.

"He was trying to turn his life around," Mr. Acosta told me this morning.

A source close to Eli who wishes to remain unnamed, said as far as he knows Eli was unarmed, has heard different versions of whether he was shot in the back or the chest and alluded to "pot" as a motive. "Everyone on the streets knows who did it."


EPD Press Release:


Department were dispatched to the report of multiple shots heard in the vicinity of the 1500 block of F Street.  Responding officers located a victim, Elliot Michael Walin (age 31 of Fortuna), lying in the roadway near the intersection of Watson and F Streets. Walin had sustained a single gunshot wound to his upper torso and was being attended to by a couple of citizens.

Medical aid was summoned and Walin was transported by ambulance to St. Joseph Hospital where he was later pronounced deceased.  While this was occurring, hospital staff contacted the EPD Communications Center to report a second male gunshot victim had been brought to the emergency room by acquaintances who found him walking on Wabash Avenue.  The second victim was uncooperative but admitted to investigators he was with Walin at the time the shooting occurred.

EPD quickly developed a number of strong investigative leads and a suspect was soon identified.  On 11/02/15, at about 12:30 PM, EPD officers were dispatched to a motel on the 1200 block of Fourth Street regarding a suspicious person/circumstances call (involving a possible embezzled or stolen vehicle on scene).  Upon arrival, officers located Derek Charles Payton (age 22 of Eureka) whom EPD investigators had previously identified as the suspect in the homicide.  Payton was taken into custody on two misdemeanor domestic violence-related warrants and subsequently transported to EPD Headquarters where he was interviewed by the lead investigator on this case, Detective John Gordon.

During the interview, Payton confessed to having shot at both victims over a marijuana-related dispute.  Payton was transported to the Humboldt County Correctional Facility where he was booked on his warrants and for 187(a) PC (Murder) and 245(a)(2) PC (Assault with a Deadly Weapon (Firearm).  His bail was set at $1,050,000.00.

Meanwhile, EPD investigators obtained search warrants for a room and two vehicles associated with Payton at the motel.  While securing the motel room, investigators detained a female occupant, Lindzy Rose Yee (age 30 of Eureka). Yee was on probation for drug related offenses.

During a subsequent search of the motel room, investigators located methamphetamine and heroin.  Investigators also located and seized a handgun believed to have been used by Payton during the shooting.

Yee was arrested and transported to the Humboldt County Correctional Facility where she was booked for possession of controlled substance while armed, possession of drug paraphernalia, unlawful possession of a stun gun by a convicted felon, and probation violation. 

$60,000 bail set for Brett Hansen who was arrested New Year's day in EPD standoff

He was arraigned today for the October 20, 2015 incident and the New Year's incident and three petitions to revoke probation in previous cases.

In the October 20, 2015 incident, Hansen is charged with three counts: evading a police officer, obstructing/delaying a police officer and driving with a suspended license.

In the New Year's incident, there are 6 counts: second degree robbery, unlawfully taking/driving a vehicle, felon in possession of a firearm, manufacturing a short barreled gun, obstructing/delaying a police officer and driving with a suspended license.

There is an OR/Bail hearing scheduled for January 7; and preliminary hearing on January 20 at 8:30 a.m.

Jan 1, 2016

More photos from the scene of the Broadway standoff and arrest

These photos were taken at the EPD standoff and arrest by Steve Payton for this site.





Brett Hansen (below) and a female suspect yet to be identified. This just confirmed by a source who was at the scene.


On October 20, 2015 according to CHP watch and other media reports, Hansen allegedly led police on a high speed chase, then crashing his car on Kelly Avenue in McKinleyville and fleeing the scene.



Hansen has a lengthy rap sheet going back to 2000, been arrested at least 15 times.



According to EPD's Captain Steve Watson's twitter account, Hansen will face an additional charge of a felon in possession of a firearm. Under California law, this is a wobbler and can be charged as a misdemeanor or felony. Criminal history is one factor taken into consideration. The car Hansen allegedly stole was an Acura.




North Coast News just reported the 23 year old as Halli Pole.

On facebook, there is a woman with that name and the same age, 23, as reported in several media accounts, according to her facebook page, she is from Hoopa. And according to facebook, in a relationship with Canyon Hodge.

EPD Press Release:

On 2/24/13, at about 4:19 PM, officers with the Eureka Police Department (EPD) were dispatched to the 2800 block of ‘F’ Street on the report of a suspicious male in a vehicle. A witness reported a male subject had been sitting inside a parked vehicle for the past half hour. The male was reported to be “making strange movements” and he appeared to be falling asleep or passing out. Per the witness, a roll of cash was also visible in his lap.

An officer arrived on scene a short time later and approached the male, who was seated in the driver’s seat of a 4-door Nissan Maxima parked on the street in front of a business. The officer observed that the male, later identified as Canyon Hodge (no middle name), was slumped over and appeared to be asleep. The officer also saw what appeared to be a large baggy of tar heroin in Hodge’s lap and a big roll of cash next to him on the passenger seat. The officer recognized Hodge and knew he had a felony warrant for his arrest.

The officer roused Hodge with some difficulty and took him into custody on his warrant. During a subsequent search of Hodge and his vehicle, the officer located approximately 43 grams of tar heroin (1 ½ ounces), 3 1/2 grams of crystal methamphetamine (1/8th ounce), a small quantity of processed marijuana, a digital gram scale, written records indicating recent heroin sales activity, $3,042.00 cash, and drug use paraphernalia (hence “Mr. Sleepy,” who appeared to be heavily under the influence of heroin and nodding off due to his partaking liberally of his own product).

The cash was seized as suspected illicit drug sales proceeds to be turned over to the Humboldt County Drug Task Force for future asset forfeiture proceedings.

In addition to his warrant (alleging possession of a controlled substance), Hodge was arrested for possession and transportation of a controlled substance for sale, possession of drug paraphernalia, and parole violation. He was transported to the Humboldt County Correctional facility for booking. Hodge’s vehicle was also towed from the scene.

Arrest made in alleged Bear River Casino trespassing incident

On Tuesday, January 5, 2016, at approximately 12:30 p.m., the Humboldt County Sheriff’s Office received a call from Bear River Casino stating there was an unidentified male trespassing in one of their hotel rooms. A maid discovered the male asleep with a firearm lying next to him. Deputies, along with California Highway Patrol Officers, entered the hotel room undetected and secured the loaded firearm. Deputies identified the subject as 41 year old John Augborne, from Oakland. Augborne was found to be in possession of a nearly one ounce of heroin, a small amount of methamphetamine. It was discovered that Augborne had outstanding felony warrants, including a “parolee at large” warrant. Augborne was arrested without incident.
Augborne was transported to the Humboldt County Correctional Facility where he was booked for possession of a controlled substance; possession for sale of a controlled substance; being a convicted felon in possession of a firearm; and the outstanding felony warrants.

"We were not looking for a fight that night"; "A simple conversation turned into the worst night of my life"




Judge John Feeney sentenced Jason Armstrong to a total of 40 years to life in prison this morning after hearing from both attorneys and the victim's family.

Armstrong was sentenced to 15 years to life for the second degree murder of Daneyal Siddique; he got a consecutive term 25 years to life for one special allegation and for the other special allegation, the 20 years to life terms  was "stayed."

Three family members, two sisters and Siddique's mother read victim impact statements. One of the sisters read a letter from Siddique's fiancee who is on the East Coast and could not make it for the sentencing.

Fines and restitution was somewhat reduced and parts of the probation report were stricken after Mr. Kevin Robinson, Armstrong's attorney presented legal arguments to Judge Feeney. Deputy District Attorney Roger Rees also presented certain rebuttal arguments and prevailed in other decisions.

The quotes in the title of the post are from Siddique's fiancee, Danielle Henderson's letter. All victim impact statements included references to Armstrong's wife, children and family and their suffering as well.

I will have a separate post on just the victim impact statements later.

DA's press release:

On December 8, 2015, in the case of the People of the State of California v. Jason Armstrong, the jury found the defendant, age 41, guilty of second degree murder for the killing of Daneyal Siddique, and found true two special allegations regarding the use of a firearm in that crime.

On January 6, 2016, the Hon. John T. Feeney, Judge, sentenced the defendant to an indeterminate sentence of 15 years to life for second degree murder, and a consecutive indeterminate sentence of 25 years to life for the use a firearm causing the death of Daneyal Siddique. Because the two indeterminate sentences are consecutive, the defendant will be eligible for parole in forty years.

Daneyal was the oldest of six children. Daneyal’s mother Susan, and two of his sisters, Jamila and Salma, were present at the hearing, and each of them addressed the judge prior to sentencing. Daneyal’s fiancée wasn’t able to attend, but she wrote a letter that was read by Jamila. Daneyal’s father, brother, and two other sisters were also unable to attend the hearing, but his sister Salma shared their thoughts about what his loss meant to everyone in the family.


Jason Armstrong sentencing continued until tomorrow morning

In December, a jury found Jason Armstrong,  guilty of second degree murder for the death of Daneyal Siddique. Two special allegations about discharging a firearm and causing great bodily injury were found to be true.

The case was prosecuted by Deputy District Attorney Roger Rees.

This afternoon Armstrong was sentenced but defense only received the probation report yesterday and his trial attorney could not be present until tomorrow. On behalf of Mr. Kevin Robinson, Ms. Heidi Holmquist requested the continuance so he could meet with Armstrong and if needed, file a statement of mitigation.

The defense wanted a longer continuance but DDA Rees stood up for the victim's family, who had travelled out of town, and he mentioned that Mr. Robinson was present in court when this sentencing date was set.

10 a.m. is the new time tomorrow.

Jan 5, 2016

Full packed all day session at the Humboldt County Board of Supervisors

Today, at the Humboldt County Board of Supervisors it is a full day of an action packed agenda. The morning session was over before 10 a.m. and the Supervisors met in closed session.


CONSENT CALENDAR:

A Certificate of Achievement for the 2015 St. Bernard's Crusaders Varsity Football Team will be presented (Supervisor Rex Bohn and Supervisor Virginia Bass).

County Administrative office:

Appointment of Law Library Trustees That the Board of Supervisors appoint Maggie Fleming and Cyndy Day-Wilson to the Board of Law Library Trustees; and appoint Jeffrey Blanck to serve as an ex-officio member of the Law Library Trustees at the request of the Chair of the Board of Supervisors.

 CLOSED SESSION:

 Conference with Labor Negotiator - Pursuant to Government Code section 54957.6 it is the intention of the Board of Supervisors to meet in closed session to review the County's position and instruct its designated labor negotiator with respect to the various forms of compensation provided to the County's represented and unrepresented personnel. Negotiator: Dan Fulks. Employee Organizations: American Federation of State, County and Municipal Employees (AFSCME local 1684), Humboldt County Attorneys Association, Humboldt Deputy Sheriffs' Organization (Law Enforcement Non-Management Unit), Humboldt Deputy Sheriffs' Organization (Law Enforcement Management Unit), Elected & Appointed County Officials, and Management & Confidential Employees.

Conference with Legal Counsel - Threatened, Potential or Anticipated Litigation Pursuant to Government Code Section 54956.9, Subd. (b)(1)(3)(D) and (E) relating to the commercial cultivation marijuana ordinance.

 Conference with Legal Counsel - Existing Litigation pursuant to Government Code section 54956.9 subd. (a); Humboldt Coalition for Property Rights v. County of Humboldt, et al; Humboldt County Superior Court Case No. CV120232.

Nothing to report out of closed session.

The medical marijuana ordinance is in the afternoon session:

Public hearing for consideration of approval, modification or disapproval of Planning Commission recommendation on proposed Ordinance adding section 313-55.4 et seq. to Title III, Division I, Chapter 3, Section B, Part 1 (Coastal Zoning Regulations), and section 314-55.4 et seq. of Title III, Division 1, Chapter 4, Section B, Part I (Inland Zoning Regulations) to the Humboldt County Code relating to Phase IV of the Medical Marijuana Land Use Ordinance setting for regulations for cultivation, processing, manufacture and distribution operations and facilities

No decision made on comnercial marijuana ordinance today.

Jason Armstrong sentencing continued until tomorrow morning

In December, a jury found Jason Armstrong,  guilty of second degree murder for the death of Daneyal Siddique. Two special allegations about discharging a firearm and causing great bodily injury were found to be true.

The case was prosecuted by Deputy District Attorney Roger Rees.

This afternoon Armstrong was sentenced but defense only received the probation report yesterday and his trial attorney could not be present until tomorrow. On behalf of Mr. Kevin Robinson, Ms. Heidi Holmquist requested the continuance so he could meet with Armstrong and if needed, file a statement of mitigation.

The defense wanted a longer continuance but DDA Rees stood up for the victim's family, who had travelled out of town, and he mentioned that Mr. Robinson was present in court when this sentencing date was set.

10 a.m. is the new time tomorrow.

Local control, smaller grows, licenses for cannabis related industries echoed by many public commenters regarding proposed commercial cultivation

The public commenters today on the proposed land use ordinance for commercial cannabis cultivation were the most eloquent and respectful speakers with excellent input.

No decision was made today. Public comment ended at 4 p.m. After a brief break, Supervisors asked staff for further clarification and answers about questions the public raised.

A meeting will be held next Monday starting at 1:30 p.m. on this ordinance. The Supervisors may meet upto 6 p.m. on Monday. There maybe a possibility of the discussions continuing on Tuesday.

Whether it is both Monday or Tuesday, we will know by the time the agenda is posted this Friday.

Jan 4, 2016

"I just want to plead guilty now! I told you I am willing to take the deal she is willing to give me." Kish yells at his attorney in court





By October 22, 2015 Jeremy Kish had been transported to NAPA.

Now, he's back.

He was released and ruled competent so criminal proceedings have been resumed. Of course, that could change.

He had preliminary hearings scheduled for tomorrow in two cases, his recent arson case and the sex offense case. The other cases are trailing. His defense attorney, Public Defender Casey Russo, filed for a continuance due to some discovery issues. Deputy District Attorney Stacey Eads told Judge Feeney that the  victims had been notified and the People had no objection.

 An intervention hearing is set for February 9 at 4 p.m. and preliminary hearing  is now scheduled for February 18 at 8:30 a.m.

Dressed in his usual red for administrative segregation, bound in chains, mask covering his mouth and head and only two bailiffs escorting him, in typical Kish fashion,he rambled on and on wanting to chat with Mr. Russo before his case was called.

Once dates were rescheduled, he initially did not want to enter a general time waiver in a few cases. First he addressed the Judge, "Mr. Feeney does it have to be this long?" Judge Feeney asked him to convey what he wanted through his attorney.

"I just want to plead guilty now!" said Kish to Mr. Russo. "I told you I am willing to take the deal she is willing to give me." After Mr. Russo calmed him down and spoke to him for a bit, he agreed to the time waivers.


Oct 9, 2015


"There are 25 or so files here"; Visiting Judge's response to signing an order to show cause to be served on Napa State Hospital for Jeremy Kish

A 90 day progress report for Jeremy Kish scheduled on November 12 will probably end up being rescheduled. Why?

Kish who was to be transported to Napa after a commitment order was signed in August by Judge Marilyn Miles is still at the Humboldt County jail facility. The Public Defender's office filed an order to show cause why NAPA has still not transported Kish.  The People were in agreement with the defense.

Mr. Casey Russo is representing Kish since the last hearing. Deputy District Attorney Adrian Kamada was present for the People for yesterday's hearing which took place in Courtroom 6 before Visiting Judge Richard Kossow. With the court restructuring , it should have been in Courtroom 5.

Mr. Russo told Judge Kossow that "Kish has been here 50 plus days. NAPA has failed to transport him within a reasonable time. We ask that by October 22 for NAPA to show cause why they haven't transported him."

"There are 25 or so files here," said Judge Kossow. "You want me to sign an order in each of them?

What would a Kish hearing be without some drama. Watched by three extra bailiffs, in addition to the regular courtroom bailiff, Kish dressed in his red jumpsuit, with mouth and face covered with a mask and in chains, piped up, "Your honor, can I have a moment to talk to my attorney?"

After a minute with Mr. Russo, this time not loud enough for everyone to hear in the courtroom, KIsh was content to have his minute of fame and was taken back to his cell.


Previous post:

Sep 5, 2015


This time Jeremy Kish's lawyer fires him!

Well technically, his lawyer did not fire him, but how could I resist that pun after Kish's numerous attempts at Marsden hearings that were denied.

Jeremy Kish is still waiting transport to Napa State Hospital. A commitment order was signed on August 19 by Judge Marilyn Miles. Dressed is his trademark red for administrative segregation, bound in chains, mouth and head covered with masks, Kish was only escorted by one extra bailiff.

His lawyer, Conflict Counsel's Mr. Greg Elvine-Kreis told Judge Marilyn Miles that "my office has a conflict on all the cases." Public Defender's office was appointed for Kish on September 4.

DDA Whitney Barnes was present for the People.

Just as I thought, at last, one drama free Kish court hearing, Kish yelled to Judge Miles, "Can you rush on the transportation?"

If you haven't been following the case, read the previous links to catch up.

Previous posts:

http://johnchiv.blogspot.com/2015/08/kish-pulls-his-usual-stunts-in-court.html
(has other links)
http://johnchiv.blogspot.com/2015/08/male-victim-in-kishs-alleged-sodomy-and.html
http://johnchiv.blogspot.com/2015/08/judge-miles-once-again-has-to-reprimand.html

AB 21 eliminates March 1 2016 deadline for MMRSA

Assemblymember Jim Wood's twitter account:

Amendments are official. AB 21 will eliminate the March 1 deadline in last years #MMRSA #CAleg #MJnews #Cannabis




Second jury trial for Fieldbrook double homicide confirmed for January 11

A trial readiness was scheduled this afternoon for Jason Arreaga, for his second jury trial currently scheduled for January 11, 2016. That was confirmed by both parties.

Including jury selection with full day sessions, the trial estimate is 4 weeks.

The jury deadlocked, 9 guilty, 3 not guilty at the first trial in October 2015.

Arreaga is charged with the deaths of Harley Hammers and Angel Tully.

Former Miss Hoopa's conditional plea rejected, case to proceed to jury trial with original charges





Former Miss Hoopa, Kayla Brown was supposed to sentenced this afternoon. Judge John Feeney had accepted a conditional plea on December 4. The victim's family, particularly her mother, changed her mind. The People asked the plea be rejected.

After Judge Feeney announced his tentative decision to reject the plea deal, there were arguments presented by both attorneys, District Attorney Maggie Fleming for the People, Deputy District Attorney Brie Bennett, who prosecuted the case, was present in court as well.  Mr. Ben McLaughlin was present with his client. The final decision was that the conditional plea was rejected.

 New jury trial date with original charges is scheduled for April 25, 2016. Trail confirmation is April 11 at 2 p.m.in Courtroom 1.

The People and the Court cited that the original plea deal did not reflect the conduct alleged in this case. The victim's family wanted to be present on December 4 but could not be there, they had a requested a special setting that had been denied, said Ms. Fleming.

Judge Feeney acknowledging the difficulty for both families, said that he had mentioned that the plea was conditional, he reminded defense that he had been hesitant to accept the plea last month, that he took two breaks and hesitantly accepted the plea deal because he understood the resolution was acceptable to both parties were in agreement. Judge Feeney said that a preliminary hearing had been waived in this case, so he did not have a transcript but since he accepted the conditional plea, he had time to review, reflect and learn more about the case through the probation report.

He said the charge of PC 236 of false imprisonment did not reflect the alleged criminal conduct in this case.

Judge Feeney referred to page 19 of the probation report which stated that the "charges to which Ms. Brown plead to do not reflect the alleged criminal conduct."

Mr. McLaughlin advocated passionately twice to Judge Feeney to get him to change his tentative decision. He told Judge Feeney that the negotiated disposition had been arrived after discussion over three to four months. The victim's family agreed to that resolution. "I don't know how the family's emotion affected the DA's office. I am blinsided by this"

"Homosexuality is a taboo issue in the society she lives," said Mr. McLaughlin. He said he was not insulting any culture and that is what he had been told. He said his client had suffered public humiliation, that due to sexual orientation she could no longer participate in tribal ceremonies.

Referring to his sentencing memorandum, Mr. McLaughlin mentioned that Brown was "a sexually immature person struggling with her sexuality, she found a person who accepted her.I am not saying that the conduct was okay."

Ms. Fleming told Judge Feeney that the People accepted the plea last month because it was the victim and her family chose that negotiated disposition at that time, instead of going through a jury trial.

"Plea bargains should ultimately reflect the conduct of the individual, this plea did not reflect the conduct in this case," said Ms. Fleming. "

"This is not about emotion, " said Ms. Fleming. "It is about the criminal justice system honestly reflecting on a decision. We only agreed to the plea due to the victim's desire not to have a trial."


Dec 4, 2015


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