Apr 16, 2016

COMMET finds 1,523 plants and three greenhouses while looking for a suspect with a felony arrest warrant

On 04-14-2016 Deputies from the County of Mendocino Marijuana Eradication Team (COMMET) assisted by agents from the Mendocino Major Crimes Task Force and an officer from the Ukiah Police Department went to a rural property in the 18000 block of Tomki Road in Willits, California to attempt to located a subject who had a felony arrest warrant.

Upon arrival the officers located three greenhouses at the location with approximately 1,523  marijuana plants being grown inside of the greenhouses.

Rovin Martin-Lopez was observed inside one of the greenhouse tending to the marijuana plants.  Martin-Lopez was arrested without incident and booked into the Mendocino County Jail where he was to be held in lieu of $25,000.00 bail on the listed charges

The wanted subject was not located on the property.

Suspicious burglary call results in arrests of two suspects for another buglary, one had a warrant from Oregon


On 04-14-2016 at about 8:27 AM Mendocino County Deputies were dispatched to a suspicious situation in the 24000 block of Nonello Lane in Albion, California.

When Deputies arrived they met with the reporting party who stated the house across the street had been foreclosed on and recently purchased by a 66 year-old adult male. Deputies contacted this adult male who told them no one should be at the residence.

Deputies responded to the residence and contacted a male outside of the residence who identified himself as Michael Monroe. A female was then contacted who identified herself as Alona Lopez.

As the Deputies investigated further they learned that Monroe and Lopez had gained access into the house while removing several items from the house which were located by the Deputies in Monroe and Lopez vehicle's. Deputies also learned that Monroe and Lopez had removed property from the interior of the residence and placed the property in a pile in the garage next to the garage door.

During the course of the investigation Deputies were able to tie Monroe and Lopez to another residential burglary which took place on 03-03-2016 on Primrose Drive in Willits, California [MCSO Case #2016-6585].

Monroe and Lopez were subsequently arrested for the above listed charges.

Monroe and Lopez were booked into the Mendocino County Jail were they were to be held in lieu of $50,000.00 bail.

Once Lopez was booked into the Mendocino County Jail it was learned that she had an outstanding Felony warrant for being a fugitive from justice out of Douglas County Oregon resulting in her being held in lieu of an additional $10,000.00 bail.

Who did CHP pull over on 101? Anonymous tipster wants me to follow a hunch

Anonymous tipster wants to know:

"I saw 2 CHP had pulled someone over in 101 in safety corridor. When I got near vehicle no one was inside the vehicle. It was a GMC Envoy with an Arnie Klein for DA sticker."

This tipster seems to think it's Arnie Klein's vehicle. The tipster is concerned if the vehicle was abandoned.

 I am checking with CHP and other law enforcement to see if it is an arrest or incident and if they can tell me the identity of the driver.

Hopefully, whoever it is, is all right.

Supervisor Sundberg attends Tribal Council meeting and Elections at Trinidad Rancheria

The April Council meeting and Tribal Council Election for Trinidad Rancheria Vice-Chair and member at-large seat was held this morning.

Zach Brown was elected Vice Chairman and James Brown was elected to the at large seat. Fifth District Supervisor Ryan Sundberg attended.




California legislation would give businesses a 15 day window to fix ADA issues before being served with a lawsuit

http://www.bizjournals.com/sacramento/news/2016/04/15/bill-advances-to-curb-ada-lawsuit-abuse.html?ana=e_du_pub&s=article_du&ed=2016-04-15&u=dt6szahqA6mmDAOp5MQXjQ0b5a8b26&t=1460787495&j=72412842

Excerpt:

Businesses would have a new tool to help avoid abusive ADA lawsuits under pending California legislation that has already drawn strong bipartisan support.
The legislation by Democratic Sen. Richard Roth would give businesses a window of time to fix Americans With Disabilities Act compliance issues before being served with lawsuits. The bill is supported by both theCalifornia Chamber of Commerce and the Consumer Attorneys of California, a trial lawyers group.


Apr 15, 2016

Adam Sundberg in HCSO custody for alleged attempted kidnapping of ex girlfriend

Adam Sundberg was picked up and is in HCSO custody.

There was a BOLO for Adam Sundberg in March for attempted kidnapping in Trinidad and other felony charges.

The alleged victim is believed to be his ex girlfriend.

Mar 3, 2016


Despite Coast Guard and K 9 assistance, Adam Sundberg still not in custody

On Wednesday, March 2, 2016, at about 11 a.m. the Humboldt County Sheriff’s Office received a call from a female victim who stated she was in a verbal altercation with her ex-boyfriend at the Trinidad Cemetery. The victim stated the suspect, 36 year old Adam Daniel Sundberg, broke out her car windows with a baseball bat. The victim was able to flee in her vehicle. She pulled over on the side of the road at Murphy’s Market. Sundberg caught up with the victim and jumped into her vehicle through the broken back window. Sundberg gained control over the victim and her vehicle and drove to Fox Farm Rd in the Westhaven area. Sundberg pulled over and threw the victim from the vehicle. Sundberg yelled multiple threats at victim. Knowing law enforcement had been called, Sundberg wanted the victim to go with him, but she refused. Sundberg slapped the victim with an open palm and fled into the wooded area nearby.
Deputies searched the area for Sundberg. The United States Coast Guard responded with their helicopter to assist. The Sheriff’s Office K-9 unit responded as well. Deputies were unable to locate Sundberg. A Be-On-the-Lookout was issued. Sundberg is wanted for felony domestic violence, battery, kidnapping, and criminal threats. The female victim received non-life threatening injuries from Sundberg.
If Sundberg is spotted, do not attempt to apprehend him. Please contact the Sheriff’s Office or your local law enforcement agency.

Fundraising kickoff to raise money for monument in Del Norte to honor local vets


From Senator Mike McGuire:

Fundraising kick off for monument in Del Norte to honor local veterans.

Benghazi attack had been staged by an “Al Qaeda-like group,” rather than as the result of “inflammatory material posted on the Internet"

So she lied, if Obama knew, then he lied. Why is he still president? Why is she still a candidate for president?

It is a good assumption that as President, he would know.

http://www.judicialwatch.org/press-room/press-releases/state-department-belatedly-releases-new-clinton-benghazi-documents/

DHHS asks community to step up and be a hero to a foster child

In response to a chronic need for foster homes in Humboldt County, the Department of Health & Human Services (DHHS) is reaching out to the community and asking for some heroes to step up.
Emergency short-term homes are needed in addition to long-term foster care families throughout the county.
To help meet this need, DHHS has produced an outreach campaign that features community members who are local heroes in their day-to-day lives—doctors, firefighters, paramedics and police officers—joining the recruiting efforts.
“Families are facing hard times in Humboldt County,” said Michele Stephens, DHHS deputy director of Child Welfare Services, adding that substance abuse plays a big role in the impact on parents and their children.
“When it reaches the threshold of children needing to be removed, it is critical that we respond not only as a department, but as a community,” Stephens said. “Right now the need for short-term and long-term foster homes is significant.”
When a child must be removed from his or her family of origin, social workers first attempt placement with a relative, someone known to the child, or a tribally-approved home for tribal children. When this is not possible, a committed, loving foster home is needed for placement.
Placement for older teens is particularly important, as are homes that keep siblings together.
Foster families are needed for various lengths stay, from emergency shelter care to permanent placement. Adults of all ages and backgrounds and families of all types are encouraged to apply. Single moms and dads, gay and lesbian couples—anyone able to open their heart and home is being sought.
DHHS staff provides applicants with assistance navigating the licensing underprocess. Children in foster care are eligible for Medi-Cal, which includes no cost medical and dental care as well as counseling services. Monthly stipends are paid to the foster parents.
“We have a diverse group of foster parents here; from all areas of the county, those who care about children and want to support parents and families in our community overcome barriers to safely parent. They are an incredible group of Humboldt County people,” Stephens said. “We’re looking for more of the same.”
Currently, there are 339 children in foster care in Humboldt County. The county has 130 active relative, non-related extended family or tribally-specified foster homes and 59 active, licensed county foster homes.
For more information about becoming a foster parent, call DHHS’s foster care hotline at 707-499-3410.

Bullock will spend the rest of his life in prison, just the murder conviction guarantees that

Bullock was guilty on all 7 counts, all felonies with three special allegations found true for first degree murder.

Listed below is the penalty for first degree murder. This does not include the penalty for other counts. It also does not include Bullock's prior convictions or violations of probation, which will be addressed in the presentencing probation report.

The death penalty is not being sought in this case.

From Find law.com:

Penalties and Sentences

In California, a conviction for first degree murder can result in one of three sentences:
  • Imprisonment in state prison for a term of 25 years to life;
  • Life imprisonment in state prison without the possibility of parole; or
  • Death.
State laws require a sentence of life imprisonment without parole or death for homicides involving special circumstances set by the California Penal Code. For example, the court must consider whether the defendant committed first degree murder while engaging in a felony or avoiding a lawful arrest, using a bomb or explosive device, or intending to kill another person for financial gain. The court must also confer a sentence of life imprisonment without parole or death if the defendant committed first degree murder of a peace officer, federal law enforcement officer, firefighter, prosecutor, or judge. State laws also allow for the most stringent forms of punishment when the murder was "especially heinous, atrocious, or cruel, manifesting exceptional depravity." 
- See more at: http://statelaws.findlaw.com/california-law/california-first-degree-murder-laws.html#sthash.lo7vhGJ5.dpuf

Fr. Eric: "I wake up every morning and Thank God, especially for that first cup of coffee"




Today, like many days when I went to set up or unlock the church or went to morning mass, I have yet to have that first cup of coffee.

Only for Jesus, I go without morning coffee, I would often joke with fellow parishioners.
Fr. Eric would always remind us to be grateful, full of joy and thank God. On the days when I kept trying to put caffeine out of my mind and focus on mass, Fr. Eric would say, "I wake up every morning and Thank God, especially for that first cup of coffee."

I would kid him after mass, telling him, "thanks a lot, I was not thinking of coffee until you said that." The smile in that first photo was his response. No wonder, he liked Bart Simpson so much.

The second photo is what Fr. Eric would do for a special young parishioner and she would smile during mass. He loved children. For kids, sitting still at mass is difficult. At a Fr. Eric mass, kids felt free to express their joy. If a baby cried out, in the middle of mass, Fr. Eric would look out in the audience and say, "That's what Jesus sounded like."

Fr. Eric brought forth the love of God, the joy of faith and human compassion in an instution that does not encourage individualism and spontaneous joy.

I think Jesus would agree more with Fr. Eric. Now, I am going to go have that cup of coffee.





Kailan Meserve case goes to jury for deliberation

Kailan Meserve case has gone to the jury for deliberations.

Bullock withdraws not guilty plea of insanity this morning, gag order lifted

update later with exclusive comments from some jurors. Other comments from the DA team, family and family attorney Ms. Kathleen Bryson later...

gag order lifted...

Bullock asked not to be present when jury was brought in

jurors stayed to talk with family, they hugged each other.

Almost everyone said that they were drained.

Bullock made this decision just this morning. Total surprise to his attorney, the prosecution and Fr. Eric's family.


Judge John Feeney asked Bullock if he's had time to consider his decision. He said, "Plenty". Cockrum said, "I advised him against it but it was his decision." 


He made this decision against his attorney's advice this morning. Judge Feeney asked Bullock if this is what he wanted to do, advised Bullock of his rights, asked Bullock if he had taken any medication in the past 24 hours. Bullock said no to the medications and three times repeated that yes  to his decision to withdraw the insanity plea.

DA Investigator John Burke  listened to Bullock’s phone calls and visits up until this Thursday night. He said Bullock made the comment “I’m going to call this all off.” Although it was unclear exactly what Bullock meant, Mr. Burke informed DDA Isaac and Mr. Cockrum.

sentencing may 11 at 4 p.m.

The overwhelming feeling from everyone right now reiterated was tired, drained, relieved. I concur with them.

Some jurors cried and hugged. Most did not want to talk about the case and deliberations.




Role reversal in Phase 2 of Bullock jury trial that starts today

Gary Bullock was found guilty of all charges and special allegations earlier this week.

Since he entered another plea of not guilty by insanity, today Phase 2 of the trial starts.

The burden of proof is now on the defense to prove by a preponderance of evidence that Bullock was legally insane at the time he tortured and murdered Fr. Eric Freed.

Three expert witnesses who evaluated Bullock are expected to testify; two were court appointed.

In California, the M'Naghten rule or the insanity defense is used to determine a defendant's sanity or insanity.

After jury instructions, the defense will present their opening statement, then the prosecution can or the People can wait to do so at the beginning of their case, after the defense has rested.


After evidence has been presented, the defense gets to present a closing argument and rebuttal; the prosecution only gets one chance for closing.

Mr. Allan Dollision, who was a public defender in another County, before moving to Humboldt County mentioned a case in which he defended someone who plead not guilty  by insanity. People v Walker.

Mr. Collision was a former Deputy District Attorney with the Humboldt County District Attorney's office and is now in private practice.


Locally, he cited the Applegate case.

Apr 14, 2016

Soroptimists and Game Over present community forum on human trafficking

 There will be a community forum on the issue of Human Trafficking in Humboldt County on May 11th 6:30 pm at Azalea Hall. The event will feature survivors of trafficking and their personal stories. Due to the sensitive nature of topic we advise ages 14 and up.  

This is a free event. Open to the public. Hosted by Soroptimist of Eureka in collaboration with Game Over.

From Soroptimist event page.

Kudos to KIEM's Sierra Jenkins for covering the Sotolongo preliminary hearing

http://kiem-tv.com/video/hoopa-stabbing-revealed-video-sotolongo-preliminary-hearing

Kudos to KIEM's Sierra Jenkins for covering this preliminary hearing. She has been very diligent about covering the courts, when she can, despite her busy schedule. And she does it well.

If it was not for the Meserve closing arguments, I would have been there.

Love the BUMCPR moniker, THC! Good question? What's the catch?

https://thclive.net/2016/04/14/bumcpr-and-their-homeless-shelter-whats-the-catch/

EPD cites 6 violations of panhandling ordinance on first day

From Captain Steve Watson's twitter account:

Two alcohol related, two warrant violations.

One suspect in the Hawthorne incident this weekend was family ; money dispute claimed, suspects had vctim's cell phone

EPD PIO Brittany Powell gave me more details about the Hawthorne and Spring incident from this Saturday:

On 04/09/16 at about 5:09 p.m., officers were dispatched to Spring and West Hawthorne Streets for the report of a fight with weapons.  Officers contacted the victim who said two males confronted him with a knife and a stick and demanded his stuff.  The victim said the males hit him with the stick and tried to stab him when he resisted.  The victim was able to break away and flee.  The victim said he knew the males and described one of them as family.  The victim had minor injuries and was transported by ambulance to the hospital.  The victim walked away from the hospital  before being further interviewed by officers.    

Officers contacted the suspects, Quincy McBride (21) and Cory Roberts (19), both of Eureka.  They were in possession of the victim’s cell phone.  The suspects claimed that the victim owed them money.  McBride and Roberts were transported and booked into the Humboldt County Correctional Facility for robbery. 

Apr 13, 2016

Forcible rape or consensual sex? The case that has torn the community of Petrolia apart

Both, the People's and defense supporting witnesses in the Meserve case were fairly credible.

It will all come down to who the six men and six women believe; and believe more.

Jane Doe #1 or Jane Doe #2 or both? Or do they believe Kailan Meserve?

Was it forced rape or consensual sex?

It's not a simple "he said, she said" situation.

Nothing that Kailan Meserve said or his witnesses said impeached Jane Doe #1 or Jane Doe #2. Mr. Clanton tried in his questioning of DA Investigator Kyla Baxley to create doubt, tried being the operative word.

The People's witnesses, particularly Asheigh Groeling, supported Jane Doe #2. This is someone who considers Kailan Meserve a brother. Her testimony was very crucial to me when it came to other witnesses.

Watching Ashley Groeling testify was hard. With her, you could see how the small community of Petrolia has been affected by this case.

The jury in this case won't hear about Kailan Meserve's DUI charges in 2013. They also won't hear that he was a volunteer for the Petrolia Fire Department at that time. Is the fact that alcohol was a major factor in that crash and Meserve had to be rescued by the Fire Department relevant information? His passenger was his wife, Monica Meserve, who sustained injuries according to this TS article.


http://www.times-standard.com/general-news/20080921/two-injured-in-petrolia-crash

The same wife that had to suffer humiliation publicly and testify in court about him cheating on her, a fact he also testified to.

The defense did bring up in the opening statement that Meserve was an alcoholic and sought sex outside his marriage "at that time."

How many people accused of alleged sexual assault or rape have a two million dollar bail and have their friend and defense witness Jeff Groeling put up their property for bail because bail had to be paid by "legitimate means?"

And can afford not one, but two, high priced attorneys and a private defense investigator.

Will the jury, particularly the men, just think well...maybe too much alcohol and sex regretted by both parties?

They should remember the demeanor of the two women. They acted, spoke and reacted like rape victims. They did not back pedal on their testimony.

Kailan Meserve admitted he lied to his wife, admitted he did not have any prior sexual relationship with either woman. What was most telling was that he left Jane Doe #1 to throw up after, according to him, they kissed and fondled. What a gentleman.

Regarding Jane Doe #2, " the more she drank, the more she fit in." These are his words.

His response that he did not discuss having sex with Jane Doe #1, he discussed employment, then saying, "It was obvious why we were there" shows not only his immense ego but an attitude if you work for me, servicing me is part of the employment.

Certainly, not the first man guilty of that, certainly not the first guy growing marijuana to do that; but is he a man the men on the Meserve jury would be comfortable having their wife, sister, daughter around?

No evidence of Jane Doe #1 or Jane Doe #2 lying. Before the trial, I had an opinion but gave him the benefit of doubt. After listening to both parties,  I do not believe him.

Cosensual sex is a hard sell in this case.

What is obvious is the same boring sexual repertoire on Meserve's part.  I have strong disdain about men who cheat on their wives and take advantage of other women.

Then try to spin it as consensual sex.

When certain growers in this area and the lawyers who repeatedly represent them give up the "perks" they get, maybe defendants will get a good defense without alleged rape victims being put through the wringer.

In the previous administration, a plea deal would most likely have been struck. Especially with lawyers buddy buddy with the former DA.

At least with this new DA, women in Humboldt County have a chance to be heard.

And before you wanna be critics and commenters jump all over me, remember my coverage includes all the nuances of the Courthouse and this opinion is based on evidence heard in court.


I don't sit behind a computer all day. Where is the rest of your media coverage, on the Cook case, on the Brown case, on this case? Said it before, will say it again, whether it is the courts, politics, or any other news, most media management in this town needs to provide public information, not glorified press releases, selected by the people they cover.

How many of you men actually stand up for women survivors in life? Men should hold other men accountable in a civilized society.


There are defense lawyers who are not happy that court coverage has increased, particularly me covering the courts. Trust me, they haven't made it easy.

Why, because I know the inside tricks and their background; I am not intimidated and I will write the story they don't want out in public.


This case is more than just about alleged rape. It is about the culture in Humboldt that needs to change.









Estelle Fennell and Mike Wilson get HCDCC endorsement for Supervisor

Estelle Fennell and Mike Wilson got the  HCDCC endorsements for County Supervisor this evening.

Supervisor Fennell is the current 2nd District Supervisor. Mike Wilson is running against Uri Driscoll for 3rd District Supervisor.

Alleged stabbing victim from this Saturday walks away from hospital , refuses to talk to EPD, possible money dispute

Remember the alleged stabbing incident this Saturday near Hawthorne and Spring?

Here are two links on the original report:

https://lostcoastoutpost.com/2016/apr/9/eureka-police-arrest-two-after-alleged-stabbing-at/

http://kymkemp.com/2016/04/09/man-taken-to-hospital-after-assault-in-eureka-two-arrested/

I followed up with EPD and will have more details tomorrow.

Here is what PIO Brittany Powell could tell me today.

"Seems like the victim claimed to know the suspects and there was possibly a dispute about owing money.  The victim had minor injuries (no stab wounds) and walked away from the hospital before being further interviewed by officers. "

Best shipping container article on LOCO and new reality show idea for Humboldt, Goff'd

https://lostcoastoutpost.com/2016/apr/13/homeless-living-in-shipping-containers/

Best write up on this shipping container project, answered all questions, including what the homeless think of this idea.

My favorite part was Living Styles Furniture emoloyee being surprised it was reporters. Would have been revealing if someone the Living Styles Furniture employee disapproved of was wearing a hidden camera or a body camera.

We have booked on LOCO, we have patrolled, which is my new favorite. We should have a new Humboldt reality show,videos on LOCO: Goff'd.

I have suggested it to Hank and Andrew once before.






Cottage Cannabis Farmer Bill passes CA Assembly Agriculture Committee

Today, Assemblyman Jim Wood’s “Cottage Cannabis Farmer Bill” passed through the Assembly Agriculture Committee.  AB 2516 will create a new cannabis cultivator license for “micro farmers”.
Assemblyman Wood said, “This is an important measure to support the small farm cannabis growers on the North Coast.  Last year’s Medical Marijuana Regulation and Safety Act (MMRSA) established cultivator licenses and guidelines for a safer, cleaner and more transparent industry.  However, it is not fair to require the small cannabis farmers to adhere to the same standards as larger operations.  The proposed specialty cottage license will allow the California Department of Food and Agriculture (CDFA) to develop regulations specific to small farmer practices.”
The new license type 1C, or specialty cottage cultivator license, will be available for farms with 2,500 square feet or less of total canopy size for outdoor cultivation or a maximum total canopy size of 500 square feet for indoor cultivation.  The CDFA will issue the licenses to qualified candidates as well as develop the requirements for each license type.
“Creating a new license for small cannabis farmers will help maximize the number of growers that come into compliance with the MMRSA regulations and sustain many of the farmers who have been in business for years,” said Wood.
AB 2516 will be heard next in the Business and Professions Committee next week.

Heroin and meth posession charges for two Palco Marsh residents


On 4/12/16 at about 1:15 p.m., detectives with the Eureka Police Department's Problem Oriented Policing Unit (POP) served a search warrant on a tent in the area of the Palco Marsh.  The search warrant was obtained due to complaints of drug sales.
During the search, detectives found methamphetamine and drug paraphernalia.  Tracy Brooke (55) and Teresa Wertz (52), both of Eureka, were arrested and transported to the Humboldt County Correctional Facility.  
During a strip search at the jail, over a half ounce of heroin was found on Brooke's person.  Brooke was booked for possession of heroin and methamphetamine for sales and knowingly bringing heroin into the jail.  Wertz was booked for possession of methamphetamine and possession of paraphernalia.  
Anyone with information on suspected drug activity within the city limits of Eureka is asked to call the POP unit at (707) 441-4373.


Apr 12, 2016

Second time this week, EPD takes loaded gun from gangster, according to Captain Watson


From Captain Watson's twitter account.


Mercer-Fraser, some HUMCPR members, some local businesses team up with Virginia and Rex to install small housing units to house about 60 people





Thanks to some local businesses, which includes some HUMCPR members, who have been working with Supervisor Virginia Bass and Supervisor Rex Bohn, there will be small portable housing units located at Mercer-Fraser lot between 2nd and 3rd streets.

Supervisor Bohn told me that these will house "about 50 to 60 people" that will have to move May 2. They are being delivered today. There will be porta-potties. The lot will be supervised by DHHS and the Betty Kwann Chin Center.

These housing units will have two beds, they can be moved to different locations. This is an effort to help the people who will have to move on May 2.


Former Supervisor Jimmy Smith makes a cameo for Supervisor Rex Bohn who was MIA at today's Board of Supervisor's meeting because...



I called Supervisor Rex Bohn right now to ask him why former supervisor Jimmy Smith made a cameo this morning at the Board of Supervisors meeting. 

Supervisor Bohn asked Mr. Smith at breakfast this Sunday, if he would stop by the meeting, at least for the Pledge of Allegiance. He said people would love to see him.

"Always a good sport, always a big supporter," said Supervisor Bohn, "Jimmy agreed."







Supervisor Bohn was asked by Senator McGuire to speak at Natural Resources Committee on SB1188 which is  his bill on restoring PILT Payment in Lieu of Taxes. "This tax brings substantial funds to Humboldt County which have  historically been geared towards Public Safety," said Supervisor Bohn.

"This is only the second time I have missed a meeting," said Supervisor Bohn. "The first time was also for a bill which would affect Humboldt County."

On cross, Meserve gets caught denying his own direct testimony; admits that he lied to his wife; and avoids answering how many times he cheated on his wife


Deputy District Attorney Brie Bennett started her cross examination of Kailan Meserve by asking him what he did for a living.

"I do construction and I also grow marijuana," responded Meserve.

She then tried to question him about reporting income and if he reported his income from growing marijuana to the IRS. Meserve was evasive and just said, "I report income."

Ms. Bennett: "Were you on methamphetamine at the time of the incident?"

Meserve: "No."

Ms. Bennett: "Did you use it in 2016?"

Meserve: "No."

Ms. Bennett: "when did you quit?"

Meserve: "2009."

Ms. Bennett: "Do you recall a conversation with DA Investigator Kyla Baxley saying you were not sure if did methamphetamine the night with Jane Doe?"

Meserve said he didn't recall. Ms. Bennett showed him a report to refresh his memory.

Meserve: "I said I did not recall."

Ms. Bennett: "You cannot recall whether you were using methamphetamine?"

His tone and demeanor in answering questions was hostile at times, arrogant, dismissive, flippant at times and although he kept his voice at a normal level, he was terse in his responses and glared at the Deputy District Attorney after testifying. At one point, he looked at the jury as if he was surveying them as potential job prospects. No outrage when he denied certain actions. A very cavalier atitude in answering questions about the sex.

When Ms. Bennett asked him if "methamphetamine makes him more aggressive than he is in court?", Meserve said, "No."

Ms. Bennett: "Does meth make you sexually aggressive?"

Meserve: "No."

He then added to his response that alcohol impairs his memory and perception.

Ms. Bennett: "Isn't it true that drugs also cloud your memory and perception?"

Meserve: "I don't know."

Ms. Bennett: "You heard Jane Doe testify; that she was inebriated."

Meserve: "yes."

Ms. Bennett: "She was having difficulty talking."

Meserve: "I don't know."

Ms. Bennett reminded him of his direct testimony about Jane Doe #1's speech.

Meserve then responded, "Some words were slurred. I don;t think she was mumbling."

You can check in the  post below that he said Jane Doe # 1 was mumbling.

Ms. Bennett: "You were aware that she was inebriated and yet you made out with her?"

Meserve: "I made out with her, then realized she was inebriated."

Ms. Bennett: "So you made out with her without knowing how inebriated she was and then she said she was feeling sick?"

Meserve tried to talk his way out of that line of questioning, further making himself look bad.

Ms. Bennett: "Did you learn she was black out drunk that night?"

Meserve: "I learned shortly before I left the Yellow Rose that night."

Ms. Bennett then got him to admit that while he did not talk to Jane Doe #1 at Sam Epperson's house, he did stood next to her.

Ms. Bennett: "When did you decide you were going to have sex with her?"

Meserve: "It wasn't a split decision on my part. It was a combination of two people enjoying each other's company."

Ms. Bennett: "Did you talk about having sex?'

Meserve: "No."

Meserve, in response to a question by Ms. Bennett said that he could not recall if they talked about her blacking out while they were at the community center.

Ms. Bennett: "She asked for a ride home, not to your trailer.?"

Meserve: "She asked for a ride, she didn't specify."

Ms. Bennett: "Did she say she wanted to go to the trailer?"

Meserve: "She never said she didn't."

Ms. Bennett: "When you got to the trailer, you put her down on the bed."

Meserve: "No, I did not put her down on the bed."

Ms. Bennett: "When you were at the trailer, did you have sex?"

Meserve: "I may have penetrated her. I had a hard time maintaining an erection."

Ms. Bennett: "You put your finger in her?"

Meserve: "Yes."

Ms. Bennett: "You called her your bitch."

Meserve said he could not recall.

He said he kissed her, he put his "mouth on her vagina"and that she put "his penis in her mouth."

Meserve said he could not recall if he told her not to have sex with anyone else.

Ms. Bennett: "You took indication of her bringing up your wife as an indication she wanted to have sex?"

Meserve said Jane Doe #1 was aware that he was married.

Ms. Bennett: "You met this woman, she was inebriated, she blacked out. You didn't have a prior sexual relationship with her. You take her to your trailer. She asks about your wife and you take that as an indication that she wanted to have sex?"

Meserve: "I didn't take it as her not wanting sex."

Meserve denied hurting or threatening Jane Doe #1.

Ms. Bennett: "So your testimony is that all this was consensual?"

Then, Ms. Bennett questioned Meserve about Jane Doe #2. She asked him about the first time he met Jane Doe #2. "There was nothing romantic or sexual that first time."

Meserve: "correct."

In 2013, Ms. Bennett asked Meserve that when he got home, everyone was drinking, and he responded yes, "they were having mixed cocktails."

Ms. Bennett: "Were you monitoring Jane Doe #2's alcohol level?"

Meserve laughed, then said, "no."

Ms. Bennett asked if Jane Doe #2 fit in with the rest of the crowd. The rest of them have known each other for years, according to various people's testimony in this case.

Meserve: "The more she drank, the more she fit in."

Ms. Bennett: "When did you decide to have sex with her?"

Meserve: "It wasn't a decision."

On the night of the alleged sexual assault on Jane Doe #2, Meserve said that he went to the "red house". He did not tell Ashley Groeling or Jane Doe #2 he was coming over. When he got there, "Ashley was sleeping in a chair." Meserve claimed that Jane Doe #2 invited him up to the loft area where she was sleeping. He said he had sex with her, "yes" to oral sex, "yes" to "mouth on her breasts, couldn't recall if he put his finger inside her.

Ms. Bennett: "You had sex with her again?"

Meserve: "We had sex again."

Ms. Bennett: "You put your penis in her mouth."

Meserve: "She took my penis in her mouth."

Ms. Bennett: "You had difficulty performing both times."

Meserve: "correct."

Again, he could not recall, if he put his finger in her the second time. He denied putting his hand over Jane Doe # 2's mouth.

Ms. Bennett: "So, you gave her no reason to wake up her friend in tears?"

Meserve: "Yes."

When he went home and sex with his wife, he said he could not recall if he had cleaned his penis.

Ms. Bennett: "How many times have you cheated on your wife?"

Before Meserve could answer. Mr. Clanton objected.

Ms. Bennett: "Have you taled to your wife about this?"

Meserve: "As least as possible. Talking to my wife about this is not something I want to do. I cheated on her. We are trying to work it out."

Ms. Bennett: "You lied to her about why you had to leave the night of the incident with Jane Doe #2?"

Meserve: "Yeah."

Ms. Bennett: "You lied next morning when you told her you were going straight to work?"

Meserve: "yeah."

"We were talking, which led to some kissing and fondling." "She was loaded, said she was going to be sick, I told her there is the railing and went back inside."



Kailan Meserve who started his testimony in his own case yesterday, took the stand again this morning and resumed his testimony with direct questioning by his attorney, Mr. Russell Clanton.

Yesterday the testimony was Meserve's version of what happened with Jane Doe #2.

"Where we left off yesterday was the point in time where you returned home and had woken up after a long night of drinking," said Mr. Clanton.

"I woke up, I got dressed," said Meserve. "I was thinking how I had screwed up, cheating on my wife and seeing what I could do to make sure that infidelity didn't get out in a small town. I went to see Ashley and Jane Doe #2."

Meserve said he knocked on the door and entered the "red house. Only Ashley was there. We talked about the night before, we were all loaded. I asked where Jane Doe #2 was." He was told that she wasn't feeling well and went home. He said he wanted to invite both of them to breakfast and ended up extending that invitation to Ashley. They met up at the Yellow Rose "30 or 45 minutes later" said Meserve. Each drove there separately.

Ashley  Groeling is the sister of Jeff Groeling who is one of Meserve's best friends from childhood. She considers Meserve like a brother; Meserve said he considers her family and has known her since she was a baby. Ashley Groeling is best friends with Jane Doe #2.

Meserve was asked and told Mr. Clanton that there was no discussion between Groeling and him about alleged assault of Jane Doe # 2 or any inappropriate behavior between Meserve and Jane Doe #2.

"Let's talk about Jane Doe #1," said Mr. Clanton.

Meserve in response to questions from Mr. Clanton said that he first met Jane Doe #1 at the Yellow Rose. He could not recall when. On prompting by Mr. Clanton, he said, "it may have been November.

"Social thing, we were all having beer," said Meserve. He could not recall if he introduced himself or she introduced herself to him. They talked about her working for him, "trimming marijuana."

"I was on the patio. She came out on the patio," said Meserve.

Mr. Clanton asked if she was intoxicated.

"Yes, she was intoxicated. Mumbling her words, stumbling."

Mr. Clanton asked Meserve if he was intoxicated and the level of his intoxication.

"My normal at that time. I was intoxicated," said Meserve.

He said Jane Doe #1 was there with someone named Troy Allman (could not make out the last name, sounded like almond) who was an acquaintance and a woman whose name he did not know. From other testimony, that woman may have been Kate Finnegan, who testified for the People.

Meserve said that when they were alone on the patio at some point during the night. "We were talking, which led to some kissing and fondling," he said. "She was loaded, said she was going to be sick, I told her there is the railing and went back inside."

"Then I was being asked where she was, I said I have no idea," said Meserve.

Meserve claimed that Troy "wanted to engage me in a physical altercation. We had words and I ended up leaving."

Meserve said he went to Sam Epperson's house the next day because he knew "Troy was working for Sam. Petrolia is a small town. I didn't need anything hanging over me or my business."

Meserve said he did not talk to Jane Doe #1. He "apologized to Troy for anything I had done the night before which may have been out of line."

Then he went to the community center where the ping pong night was being held. The time was 9 or 10 p.m. according to Meserve.

Meserve claimed that Jane Doe # 1 approached him on the porch. "We had a light conversation. Partially about the night before; partially about employment."

"Later that night, she asked him for a ride home." Meserve said he thought she was staying at "Cedar's house", which is "about a city block away" from the Yellow Rose. "There are no city blocks in Petrolia," he added.

"I didn't think she needed a ride home," said Meserve. We had kissed and fondled the night before. I thought she wanted to talk about employment."

Meserve said that he told Jane Doe that they were headed down to his property. He talked about unlocking the gates at "the Grove" and said that she did not express any concerns or object.

He said he pulled up in front of one of the two trailers on his property. He got out of the truck and she did. When he opened the door to the trailer, Meserve claims, Jane Doe # 1 said, "Aren't you married?"

"I said, yes," testified Meserve. "I told her my wife, who is Filipina, said that if she ever caught me cheating, she would cut me up and feed me to the animals."

Meserve said he went inside the trailer and asked Jane Doe #1 if she wanted to come inside.  He said he turned the light on. "To me, it was obvious why we were there.," he said.

"She sat on the bed. We made out. Kissing, fondling. She took her clothes off. I took my clothes off." Meserve said he cannot recall if he took off any of Jane Doe's clothes.

"We proceeded to fool around. The way she was on the bed, away from me, I gave her oral. My mouth on her vagina, with her breasts, kissing her, tried to have sex with her but I was unable to perform. There was oral copulation between both of us in many different positions."

"Did you get the sense that this was non-consensual?" asked Mr. Clanton. Meserve said no.

Meserve said the sex stopped when "at some point he turned on his truck, saw it was after 3 a.m. and I thought I better go home. He said he told Jane Doe # 1"that it was late and I had to go home. We both got dressed, got into the truck, and I dropped her off at Cedar's house."

Meserve said he never threatened Jane Doe #1. When law enforcement contacted him, he did not deny sexual contact, he said he told them it was consensual.

Defense rests with Kailan Meserve's testimony, closing arguments Thursday






Judge Timothy Cissna will meet with attorneys today and tomorrow to over closing jury instructions.

Closing arguments in the Kailan Meserve case at 8:30 a.m. on Thursday. May go into Friday.

A fact that the jury does not know, most readers may not know is that his defense attorney, Mr. Russell Clanton considers Meserve a friend, who he has known since childhood.

His other defense attorney, Randolph Darr, has been awol except for one, maybe two, court hearings.


Apr 11, 2016

Kevin Jodrey and Luke Bruner had a "mutual parting" or the "Donald " of Humboldt Cannabis got fired?

An anymous but source close to both said Luke Bruner and Kevin Jodrey had "parted ways".

Rumors that Bruner had been fired were circulating around but my source was more comfortable saying they had "parted ways."

Bruner had been dubbed in a LOCO post as the Donald Trump of marijuana messaging.

According to some other sources, the dumping extended to Bruner's personal life as well.

"Can I help you John?"


Since that day, when Fr. Eric did not show up for mass until 11 a.m. this morning, I have been stoic, did not cry, just kept busy.

As we were waiting for the courtroom to open for the jury to come in and find out the verdict, I felt my eyes tear up but couldn't cry. I felt sick, I was shaking.

As I heard the first verdict of guilty for first degree murder and then the special allegations being found true,that was the most emotional moment. Each guilty verdict filled my heart with gratitude.

I will toast and drink to and with Fr. Eric tomorrow. After the verdict, I just wanted to go home and see if I could cry. I did not, I cannot, I wish I could.

Calls had to be made, emails had to be sent to other priests, parishioners, Fr. Eric's friends.

Then, I walked up to the pathway at St. Bernard's where I first met Fr. Eric. I stood  in the space, where often he would see me and come out of the rectory back door. Sometimes, it was the second or third time in a day I was at church. Church would be closed at that time. I was supposed to get a key because I was at church a lot, helping with ministries. It was when Fr. Eric was pastor that I started those ministries.

We had talked about me getting a key.

That New Years Eve, when we were locking the church, I reminded him about the bathrooms. Ironically, I did get a key, after Fr. Eric passed away.

As I stood in that space praying this afternoon, the church was locked. I returned my key a few months ago. I wanted to go in but I thought of the many times Fr. Eric found me outside and what he said to me.

I heard his voice saying, "Can I help you John?" Just as I would say then, I said thank you, I just want to pray. I can do it outside just as I can inside.

He would smile and go about his business.

Thank you Maggie. Thank you Mr. Isaac, Mr. Burke, Mr. Perrone. Thank you jury.

Thank you to all involved in the case. Thank you Judge John Feeney. Thank you court staff, bailiffs and law enforcement.

Thank you Kaleb.

Thank you God for your grace and faith. I have recently felt pain, hurt, sometimes anger, but in all this time never hate for Gary Bullock. Forgiveness does not mean not feeling pain.

Thank you Matthew for coming to court for the verdict today. That meant a lot.

 After the verdict,  thank you to all who gave me hugs, especially Fr. Eric's sister Anita.

Lisa, Kari, Anita, hard as it was to watch you in court, it was harder when we first met. Finally today, some peace.





Kailan Meserve takes the stand today, testimony to continue tomorrow


DA Investigator Kyla Baxley took the stand today in the defense case, she was followed by defense investigator Adam Laird and then Kailan Meserve took the stand.


Jury trial for former Miss Hoopa Kayla Brown charged with four counts of alleged abuse including abnormal sexual interest in children postponed until early summer

Trial confirmation was scheduled today at 2 p.m. for Kayla Brown. The defense filed a motion to continue. People consulted with the victim and family and did not object.

The April 25 trial date has been vacated and the new trial date is June 27.

Only the victim's family members were in court this afternoon.

Deputy District Attorney Brie Bennett was in court for the People. Ms. Rebecca Linkous, appeared on behalf of Mr. Ben McLaughlin who is Brown's defense attorney.

Jan 4, 2016


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. Trial 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