Mar 12, 2016

The elephant in the room Humboldt will not address, there is more than one

Read the latest post on http://thclive.net/2016/03/12/renters-assistance-programs-in-humboldt-build-more-housing-assholes/


This is a comment I left on  post:

THC, the summary from LAO said, “We also suggested that the key remedy to California’s housing challenges is a substantial increase in private home building in the state’s coastal urban communities. ”
It did not say rural communities.
While I agree building more housing of all types is a good idea for Humboldt, you did not address that a few people own most of the property and charge what they damn please. Charging local rents that are comparable to urban communities and cities needs to be addressed , not just letting certain local people build more housing and collect profitable rents to enable their children to live and go off on vacations. Children that  have no vision or clue to work or develop the economy and just live off daddy and grandpa's business. These local spoiled playboys make Hugh Hefner look like a prude.
Not all generational families are like that but some Dumboldtians prefer to attack anyone who is well off or rich. That attitude needs to change in Humboldt about blaming people who are well off and stable. And certain others need to realize renters do not need to subsidize their spoiled offspring. These offspring; some are liberal , some are conservative.
Humboldt has a fear of non natives.
Yeah, the comment is wordy but I am sick of the elephant in the room not being addressed.
Here are simple steps locally that can reduce homelessness and increase jobs, not a part of my comment on THC:
1. Stop allowing yourself to be a part of the polarization, which is a national epidemic. Compromise and work on common economic goals instead of being misled by social issues.
2. Humboldt needs to get over their insular nepotism and start hiring, electing and promoting the best person for the job even if they are "outsiders"
3. The frivolous lawsuits against the County and cities cost taxpayers. Someone should sue these "get rich" lawyers and their puppet plaintiffs. Life isn't fair, get over it.
It isn't always discrimination or some other violation of law.
4. Ranchers and growers are not the only local industries. Invest in diverse growth. Small, medium and large businesses that steadily employ people.

5. Stop taxing those who work to enable those who don't make any effort to change.

6. Invest in those trying to stay drug free, trying to change and not repeat offenders and chronic addicts. Resources are limited, reward those who are trying, first.





Son arrested for elder abuse and false imprisonment of 78 year old mother

On 03-10-2016 at approximately 05:37 PM, Mendocino County Sheriff's Deputies were dispatched to a reported assault in the 500 block of Rancheria Road in Manchester, California.

Sheriff's Deputies arrived and learned that a 78 year-old female was approached by her son, John Wesley Logan, who requested her vehicle keys.  Knowing that Logan did not possess a valid driver's license, the female denied Logan's request to use the vehicle.  Logan began cursing and yelling obscenities at the female.

The female began to fear for her safety and told Logan she was contacting law enforcement.  As the female reached for the telephone, Logan grabbed the telephone receiver causing the line to disconnect, preventing the female from requesting law enforcement assistance.  The female then attempted to stand from her chair but Logan placed his hands on her shoulders forcing her back into the chair.

After a short time, Logan left the room.  The female obtained her vehicle keys and purse and attempted to leave the residence through the front door.  Logan blocked the front door, again placing his hands on the female's shoulders and pushed her into the kitchen of the residence.  Logan forced the female to sit in a chair and again began yelling at her.  Logan forcibly removed the keys from the female's hands and left the location in the female's vehicle.

Sheriff's Deputies searched the area attempting to locate Logan and the vehicle, without success.  Later the same evening, family members of the female were able to locate the vehicle but Logan was still outstanding.

On 03-11-2016 at approximately 11:30 PM, Sheriff's Deputies responded to the female's residence where they contacted Logan.

Logan was placed under arrest without incident.

Logan was booked into the Mendocino County Jail for violations of 215(a) PC [Carjacking], 136.1(c) PC [Prevent/Dissuade Witness from Testify], 236 PC [False Imprisonment] and 368(b)(1) PC [Elder Abuse].

Mar 11, 2016

"I am not leaning on any case law that Mr. Clanton is unfamiliar with"; Timothy Littlefield's lawyer says he is not obligated to follow Court of Appeals suggestion for a new trial

The defense filed a supplemental document to their 2014 original motion for a new trial in the Timothy Littlefield, Jr. alleged molestation case on March 9, 2016. A hearing on the motion for the new trial was scheduled for 8:30 a.m. in Courtroom 1 which was then rescheduled for 3:30 this afternoon.

The People did not file an opposition but Deputy District Attorney Andrew Isaac, who was present for the People, was prepared to present oral arguments.

Mr. Russ Clanton, who represents Littlefield, Jr. objected and asked for a continuance and written response from the People and then for him to have time to file a response to that document. He said he needed time to prepare on any case law that the People may cite.

Mr. Issac said that the "Court is aware of the People's position and the victim's position on a continuance." He added, that he was going to use the California Evidence Benchbook and cited Section 34.9.; "I am not leaning on any case law that Mr. Clanton is unfamiliar with."

Mr. Isaac told Judge John Feeney that the "supplemental for motion for new trial was filed" on March 9. Today is March 11, when Littlefield was to be sentenced unless there was a motion for new trial.

That ruling of juror misconduct was overturned by the Court of Appeals unless any new evidence was provided.

At previous court hearings, Littlefield Jr's family has been present, maybe two or three people. Today, Mr. Clanton took great pleasure in pointing out "None of the family or the alleged victim are in court today." Victim Witness Advocate Marybeth Bian and a representative from the North Coast Rape Crisis have been attending the court hearings.

"The Court's recollection is that when the original motion for a new trial was filed on April 30, 2014, there was no opposition filed at that time. I am not faulting Mr. Isaac who was not prosecuting the case at that time."

Former District Attorney Paul Gallegos was handling the case, he was criticized by the Court of Appeals in their ruling as basically, a prosecutor not knowing the law.

"How long has the court been hearing from the defense about a motion for a new trial based on juror misconduct?" asked Mr. Isaac. "Now, the defense says I have no evidence of juror misconduct; I have a new theory."

Mr. Clanton rebutted that he "did not have to follow what the Court of Appeals suuggested."

Mr. Issac told Judge Feeney that Mr. Clanton had cited a 1996 study about DNA and semen transfer and he did not include the date in his documents, "not from 2014, not 2015; it's from the last century. This is not newly discovered evidence. The last time similar studies were quoted in California courts was 2005.  People have (already)  argued all cases from 2005 and 2007 about DNA transfer. "

Littlefield, Jr, with his hair pulled back in a bun, in an orange jumpsuit stood silently, next to Mr. Clanton. His father Timothy Littlefield, Sr. was in court and today there were 6 other family members or friends in court.

End result: the hearing on the motion for new trial will be at 8:30 on April 1. The People have to file their written response to the supplemental document by March 18 and if the defense wants to file a response, that has to be in by March 29.

Feb 17, 2016

Remittitur issued in the Timothy Littlefield case today

http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=1&doc_id=2078140&doc_no=A141929

This link will give you more details.

Today, a remittitur was issued in the Timothy Littlefield case by the California First District Apellate Court.

From uslegal.com:

Remittitur is a term with different meanings. In the context of a jury verdict, it refers to a judge's order reducing a judgment awarded by a jury when it exceeds the amount asked for by the plaintiff.

In the context of appellate procedure, it refers to an appellate court sending a case back to the trial court so that the case can be retried, or so that trial court can enter an order that conforms to the findings of the appellate court. Remittitur is a process by which jurisdiction is transferred back from the appellate court to the trial court. Remittitur divests the appellate court of the jurisdiction after it has resolved the appeal, and permits full jurisdiction over the judgment to be returned to the trial court.

Feb 3, 2016



"This case involves multiple acts of molestation of a child who was 8 years old at the time, the victim is now a teenager and has been waiting a long time for finality", Cook and Associates to investigate Timothy Littlefield case

Timothy Littlefield dressed in an orange jumpsuit stood silently by his lawyer, Mr. Russ Clanton, and as his hearing today concluded, he shook Mr. Clanton's hand before he was taken back into custody.

The defense filed a motion to continue his sentencing which was set for February 5. That date was vacated after Judge Joyce Hinrich's granted the defense motion to continue.

Mr. Clanton mostly referred to his written pleadings and said since the last court hearing, he has been in trial and there have been issues with investigators and he just got back some material from one investigator last week and he wanted some more time. Chris Cook of Cook and Associates has agreed to take on the case and he had to file a motion for funding.

Deputy District Attorney Stacey Eads said the People opposed the motion. It has been two and a half years since Littlefield had been sentenced so the defense claiming inadequate time is not a good cause.

"This case involves multiple acts of molestation of a child who was 8 years old at the time, the victim is now a teenager and has been waiting a long time for finality," said Ms. Eads.

Jury misconduct is the sole issue before sentencing, the defense has not provided additional relevant evidence, said Ms. Eads.

Judge Joyce Hinrichs said that she was trying to balance the rights of the victim and Littlefield and that it was not any delay caused by Littlefield, so she granted the request for the defense continuance.

Timothy Littlefield will now be sentenced on March 11, 2015 unless the defense provides more evidence regarding jury misconduct and a third trial date will be set.


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 contacted 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.

Dec 18, 2015


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.

Dec 18, 2015


Dec 17, 2015


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.”

Preliminary hearing for four suspects in Jesus Garcia homicide delayed again

An intervention hearing for the four suspects in the Jesus Garcia homicide was scheduled at 11 a.m. this morning in Courtroom 5. The preliminary hearing is currently scheduled for March 14. Intervention from March 1 was continued and the preliminary hearing for March 7 was vacated.

Now the preliminary hearing has been rescheduled for all four suspects for March 28.


Feb 25, 2016


All four suspects in Jesus Garcia homicide arraigned, preliminary hearing set in March for now, continuance expected

A disposition and reset hearing was scheduled for Mario Nunez this afternoon. Intervention had been set for March 1; Preliminary hearing for March 7.

Setting for Preliminary hearing was scheduled this afternoon for Nicholas Leigl and Joe Daniel, Jr.

Arraignment was continued twice from February 11 until this afternoon for Joe Olivio III to obtain private counsel. He told Judge Joyce Hinrichs he was not able to retain private counsel. Public Defender Mr. Owen Tipps was appointed to represent Olivio III. A 10 day time waiver was entered. Mr. Tipps indicated that by intervention, he would be able to inform the court if he can confirm as counsel.

Nunez was not in court today, his appearance was waived by his attorney, Mr. David Celli. Ms. Christina Allbright, who represents Joe Olivio, Jr. said she could not be present for the current preliminary date. Her client entered a waiver for both the 10 and 60 day requirement.

Mr. Michael Acosta, who represents Leigl, has not waived time.

Intervention is set for March 1. Preliminary hearing is set for March 7.

Feb 23, 2016


Mario Nunez, suspect in Jesus Garcia homicide gets preliminary hearing date set in March, for now

Mario Nunez was appointed private attorney, Mr. David Celli, and his arraignment was continued to this afternoon. Mr. Russ Clanton appeared for Mr. Celli today and confirmed appointment of counsel. Time was not waived.

A stack of discovery was given by Deputy District Attorney David Christensen to Mr. Clanton in court today.

There are dates for other co-defendants on February 25. For now, intervention for Nunez has been set for March 1 at 3 p.m. and Preliminary hearing is set for March 7.


Feb 19, 2016


No bail for Mario Nunez, third suspect in alleged gang related homicide and death of Jesus,Garcia, arraignment continued

Mario Nunez, the third co-defendant, in the Jesus Romero Garcia homicide was scheduled to be arraigned this afternoon. He also had a petition to revoke his post release community supervision.

No bail on both cases.

Count 1 murder with special allegation that he was an active gang participant at the time and the murder was committed to further activities of the criminal street gang.

Public defender offices cannot represent him, he cannot afford his own attorney, Mr. David Celli, private attorney was appointed for him.

Arraignment continued until February 23 at 1:30 p.m.

Link to other posts and background on this case:

http://johnchiv.blogspot.com/2016/02/lot-of-last-minute-changes-in-court.html


Kailan Meserve jury trial confirmed; expected to start next week

At trial assignment for Kailan Meserve this morning, jury trial was confirmed. Due to other matters scheduled that need to proceed before the Meserve trial, the actual trial is "trailing" and is expected to begin in Courtroom 4, next Wednesday, March 16 would be the earliest it would start.

On March 16, the trial was continued until March 18 for trial assignment and rescheduled to start March 21.


Mar 3, 2016


Kailan Meserve jury trial confirmed for March 14; charges include sexual battery, rape by force and forcible oral copulation

Trial confirmation was scheduled today for Kailan Meserve. Deputy District Attorney David Christensen appeared today for his colleague DDA Brie Bennett who is prosecuting the case.

Mr. Russ Clanton appeared on behalf of Meserve, who signed a 977 waiver and was not in court today.

Jury trial was confirmed for March 14. Trial assignment is on March 11 at 8:30 a.m. The trial, if it is a full day trial, is estimated to last two weeks.

Feb 4, 2016


Kailan Meserve jury trial scheduled for March 14

Kailan Meserve had a disposition and reset hearing scheduled in Courtroom 5 this afternoon.

Kailan Meserve was present with father Dave Meserve in court. Time waiver was withdrawn.

Jury trial is now set for March 14. Trial confirmation is March 3 at 2 p.m.

Deputy District Attorney Stacey Eads present for the People. Mr. Russ Clanton represents  Kailan Meserve.



Jan 17, 2016


Kailan Meserve jury trial vacated due to pending appeal of 995 ruling

The defense is planning an appeal of Judge Marilyn Miles's ruling of the 995 motion in the Kailan Meserve case. The jury trial date of January 19 was vacated. A disposition and reset hearing is scheduled for February 4 at 2 p.m.

Kailan Meserve was present in court with his father, Dave Meserve and his attorney Mr. Russ Clanton. Deputy District Attorney Brie Bennett was present for the People.

Dec 21, 2015


Judge Marilyn Miles denies defense 995 motion to dismiss charges against Kailan Meserve which include sexual battery, rape by force and forcible oral copulation

A 995 motion to dismiss most of the sixteen charges including sexual battery, forcible oral copulation, rape by force against Kailan Meserve was denied by Judge Marilyn Miles on December 17, 2016.

Dec 4, 2015


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

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

Dec 1, 2015


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

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

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


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

Both attorneys said they would.

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

Judge Miles has taken the matter under submission.

Nov 10, 2015


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

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

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

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

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

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

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

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

Oct 22, 2015


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

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

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

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

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

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





Sep 3, 2015


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

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

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

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

Previous post (with other links):

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