Apr 23, 2016

Yet another defense request continuance for David Viveiros charged with sex/sodomy and oral copulation/penetration and aggravated sexual assault of a minor

A disposition and reset hearing was scheduled April 19 for David Viveiros. It was continued at the defense request and the new date for another disposition and reset is May 17.

Jan 7, 2016

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:


Apr 22, 2016

Life makes sense,again, the old TE is back, according to their email it was a hacker

Lately, TE and I have found some common ground; never on EPD or the legal system.

I am kinda growing fond of them and their humorous posts.

TE is THC managed by your twin :-D ?

Life makes sense again. Just received this email from TE:

ha ha
we were all busy a work today didn't notice we'd been hacked
we fixed it now 

The Examiner 

Tuluwat Examiner apologizes to Chief Andy Mills? What does their conversion mean?


It's a little too late for an April Fool's joke. TE just apologizing to Chief Mills or everyone they have lashed out against?

I am not being serious with that question.

Jonas Semore jury trial to start April 25; alleged homicide of David Canfield dropped of at Mad River ER

Jonas Semore jury trial confirmed today at trial assignment and will begin on April 25.

His attorney, Mr. Russ Clanton was in trial in the Kailan Meserve case, which concluded this Tuesday.

The co-defendant in this case, Nicholas Johnson, is being tried separately.

Mar 4, 2016

Defense motion for continuance for Jonas Semore's jury trial granted, new jury trial set for April 4

Defense counsel, Mr. Russ Clanton, filed a motion for continuance for the jury trial currently scheduled March 7 for Jonas Semore. Due to receiving a volume of discovery recently from the People and Mr. Clanton's trial schedule, Semore entered a limited time waiver today at trial assignment.

March 7 date was vacated, new jury date is April 4. Trial Assignment on April 1.

Feb 24, 2016

Jonas Semore's jury trial for the alleged homicide of man dropped off at Mad River ER confirmed for March

Jonas Semore had a trial confirmation for his jury trial scheduled for this afternoon.

The co-defendant in this case, is Nicholas Johnson, who was recently arrested in a standoff with law enforcement, after allegedly shooting at Humboldt County DA investigators. Johnson had an intervention hearing this afternoon. Johnson's preliminary hearing scheduled for March 8  was continued at the request of the defense. New intervention date is March 21. New preliminary hearing date is March 28.

Dates were confirmed for Semore and his jury trial is set to proceed on March 7. With full days, the trial estimate is two weeks.

For the first time, Semore smiled and acknowledged his family, particularly his mom, as he left the courtroom. His family has been there to support him at court hearings.

Jan 14, 2016

Jonas Semore jury trial for alleged murder of David Ganfield dropped off at Mad River set for March 7

Mr. Russ Clanton was confirmed as Semore's counsel in December. Today, there was a trial confirmation hearing scheduled in Courtroom 5. Semore withdrew his time waiver today.

Jury trial is now set for March 7 at 8:30 a.m. and Trial Confirmation is February 24 at 2 p.m.

Dec 18, 2015

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

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

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

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

There is pre-trial and confirmation of counsel scheduled for December 22 at 2 p.m. and Trial Confirmation on January 14, 2016.

Deputy District Attorney Roger Rees is prosecuting the case.

Oct 26, 2015

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

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

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

Sep 9, 2015

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

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

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

Jury trial set for October 26.

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

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

Previous posts:


“So how do you incentivize someone to go through rehab when the consequence of a conviction is no jail time?”


Excerpt 1:

When California voters approved Proposition 47 in November 2014, it marked a new era of crime and punishment in the state.

It also led to a system that, so far, has utterly failed, City Attorney Mike Feuer told a Downtown Los Angeles audience yesterday.

Excerpt 2:

In the effort to reduce the state prison population, Prop. 47 downgraded a half dozen non-violent felonies, such as certain kinds of drug possession and petty theft, to misdemeanors, meaning offenders receive shorter sentences.

About 18 months after Prop 47’s passage, however, the policy has missed its target, Feuer said.

“Almost no one has gotten anything close to meaningful drug rehabilitation, and we’ve prosecuted thousands of these cases,” Feuer said Monday at a luncheon at the Downtown Palm hosted by the Los Angeles Current Affairs Forum. “The system is broken at every level.”

Excerpt 3:

Feuer said arrests for the felonies-turned-misdemeanors have plummeted “by more than 50%.” Those who are arrested show up for court less frequently, and people who are convicted typically receive a sentence that is shorter than the minimum length for the Los Angeles County Sheriff’s Department to hold someone in a local jail, he added.

“So how do you incentivize someone to go through rehab when the consequence of a conviction is no jail time?” he asked. “Which then feeds into the lack of interest of police and sheriffs in arresting in the first place.”

Excerpt 4:

Despite the shortfalls, Feuer said Prop. 47 has yielded some positives. He pointed to unprecedented collaboration and discussion with judges, the federal Drug Enforcement Agency, Sheriff Jim McDonnell, Los Angeles Police Department Chief Charlie Beck, county supervisors and others.

“These meetings would have never happened before,” Feuer noted.

Apr 21, 2016

Brown Act violation at Planning Commission meeting tonight?

A regular reader, who for obvious reasons in a small town, wishes to remain anonymous, wants you Brown Act and Coastal Commission experts to weigh in.

I was not at the Planning Commission meeting tonight. The reader watched it on Access Humboldt and said Harbor Commissioners Greg Dale, Richard Marks and Pat Higgins spoke in favor of an amendment to land use that the reader said, "seems like an attempt to skirt the coastal development requirement".

The Brown Act says majority and three out of five Harbor Commissioners were there.

The video will not be available to link until tomorrow.

What are your thoughts?

Free coffee and donuts at HUMCPR office? HUMCPR rents apartments to the homeless NOT!

This is my comment on The Humboldt Consequential's latest post:

Have any of the job makers created those jobs? If HUMCPR members made the same "magnanimous" gesture by offering housing in apartments they own or their own land, more than 40 people would be housed and for more than 6 months.

So, shall we call Lee Ulansey regarding this proposal? No Coastal Commission issues, no insurance issues and he has the votes on the Planning Commission to bully the Planning and Building staff for "not doing their job."

I am sure construction and labor could be donated or government subsidies could be given to select businesses, who look down on others on public assistance for "entitlements".  HUMCPR does not mind sticking it to the business owners and residents near 3rd and Commercial; then they should feel safe having the same drug addicts and sex offenders on their property.

Free coffee and donuts included at the HUMCPR office? Seeing this sudden concern certain non job creators have for the homeless, that should be the next press conference.

Easy to blame the supervisors. Where are these jobs, that the landowners, developers and "agricultural" HUMCPR members should have created? The City of Eureka is not business friendly but the County is, since 2010, so what's the excuse? After all, if these know it all busineses have money and are prosperous, and therefore clearly smarter compared to the rest of us, maybe they should solve the homeless problem by the obvious solution: jobs and self sufficiency which would also curb the drug culture.

The link to the THC post:


Read this, it's meant for you

To the person who sent me this today, saying, this made me think of you.

Thank you. I wish for all reading this to see it as God's message to you, to feel that this is meant for you.


I won't compromise
I won't live a life
On my knees
You think I am nothing
I am nothing
You've got something coming
Something coming because
I hear God's whisper
Calling my name
It's in the wind
I am the savior
(Sing it again!)
(I can't hear you! What?)
Savior (What?)
We are indigos
(Savior, Savior)
Living lives we chose
(Savior, Savior)
Show you're brave
Those will faith
(Savior, savior)
On a mission
Led by intuition
You should listen because
I hear God's whisper
Calling my name
It's in the wind
I am the savior
I hear God's whisper
Calling my name
It's in the wind
I am the savior
We are the saviors!
I hear God's Whisper
Calling my name
We are the saviors!
It's in the wind
I am the savior
We are the saviors!
I hear God's Whisper
Calling my name
We are the saviors!
It's in the wind
I am the savior
We are the saviors!

Sohum upskirting suspect to be arraigned May 10; charged with two misdemeanors

While the public computer still showed no date, a bit more research resulted in me finding out that David Nunez is scheduled to be arraigned on May 10 at 8 a.m. Courtroom to be announced.

Nunez is charged with two misdemeanors. Count 1 is use of camera without consent. Count 2 Annoy/Molest a child under 18 years.

On March 6, I did this post. According to both UnderSheriff William Honsal and confirmed below by Sgt. Jesse Taylor,

"This case is wrapping up and I have identified a suspect.  The case is being forwarded to the DA’s Office for charges.  The identity of this person won’t be revealed until the DA decides to file charges."

This link has posts from Kym Kemp, who first reported the story.


No Humboldt names in recent disbarments, suspensions and probations in California


Who is to blame for overburdened trial courts and not enough judges? Governor Jerry Brown or the Judicial Branch? Will Humboldt qualify for latest proposal for overburdened trial courts and judgeships

Will Humboldt benefit? I will update this post with comments from Humboldt County Superior CEO Kim Bartleson.


Judicial Branch News Release:

The Commission on the Future of California's Courts has sent an interim report to Chief Justice Tani G. Cantil-Sakauye proposing a method to reallocate vacant judgeships to courts with the greatest workload needs.

A 2014 judicial needs study evaluated the impact of growth and shifts in population on local courts' ability to adjudicate civil, criminal, juvenile, and family law cases. The study found that California needs nearly 270 new judgeships to adequately operate the courts and serve the public. It also found that shifts in population have left some courts disproportionately affected.
The Futures Commission proposal suggests that legislation could partially address the problem. When a current judicial position becomes open, it could be reallocated to another court, if the need is greater there. The proposal would not change the Legislature's authority to create and fund judgeships or the Governor's authority to appoint judges.

According to an article in the San Francisco Daily Journal, last week, after months of prolonged negotiations with the governor's office, the State Judicial Branch introduced a proposal that would authorize overburdened trial courts to obtain reassigned judgeships from other counties.

The Commission on the Future of California's State Court System, chaired by Supreme Court Justice Carol A. Corrigan (pictured above) has recommended that vacant judicial positions be reallocated to jurisdictions with the most pressing caseloads.

According to the San Francisco Daily Journal article, Gov. Brown had suggested this when he vetoed legislation last October that would have provided $5 million to fund new judgeships.

A report by Kathleen O'Leary, a Commission member and justice on the 4th District Court of Appeal claimed "an uneven statewide distribution of judgeships."

The report states: "For example, the trial courts in Riverside and San Bernardino have only 60 percent of the judicial officers they need, but the trail courts in Alameda and Santa Clara have more judges than necessary to handle their assessed needs, 14 and 19 more judicial officers, respectively."

The article claims that Riverside and San Bernardino counties are among the favored jurisdictions  to get reassigned vacant superior court judgeships, staff and related security.

Last week, the State Senate Judiciary Committee passed Senate Bill 1023. The legislation is considered almost identical to the bill Gov. Brown vetoed last October. It would provide $5 million in general fund for 12 new judicial positions and related support staff.

Maybe Gov. Brown should approve these funds or at least stop releasing criminals into society without a plan, resources and funds to protect the public.

Female victim alleges assault by S. Kenneth Frazier Whipple; he is arrested for domestic violence and violation of probation

On 4-20-2016 at approximately 1 A.M. MCSO Deputies were dispatched to a residence in Covelo regarding an assault.

Upon arrival Deputies contacted a female adult who advised that she had been assaulted by S-Kenneth Frazier Whipple. According to the female victim S-Kenneth Whipple had grabbed her by the hair and pinched her in the back of her head several times. While speaking to the female victim Deputies observed numerous injuries on her that were consistent with her statement.

Deputies then responded to S-Kenneth Whipple's residence, located at 202 Little Lake Rd at which time S-Kenneth Whipple was placed under arrest without incident for domestic violence and violation of probation. S-Kenneth Whipple was transported to the Mendocino County jail where he is currently being held on $25,000.00 bail.

It should be noted that the female victim did not require any immediate medical assistance.

Cannabis excise tax expected to raise $77 million in revenue

Assemblyman Jim Wood’s proposed excise tax AB 2243 was approved by the Assembly Revenue and Tax Committee today 5-0 with Republicans not voting. The excise tax was originally proposed as part of Wood’s Marijuana Watershed Protection Act last year before ultimately being dropped as part of the agreement that ultimately led to the Medical Marijuana Regulation and Safety Act.

Assemblyman Wood said, “An excise tax will ensure the revenue stays in the communities where the cannabis is grown.  Our goal is to create resources to manage the environmental and public safety problems we are battling.”

The bill would levy a $9.25 per ounce tax on cannabis flowers, a $2.75 per ounce tax on cannabis leaves and a $1.25 tax on immature cannabis plants from nurseries.  The tiered approach is modeled after the way alcohol is taxed based on the potency of the product. 

Hezekiah Allen from the California Growers Association said, "AB 2243 is the right tax at the right time. This legislation will generate much needed revenue to clean up watersheds, prevent future environmental impacts, and protect the safety of our neighborhoods. Our communities and rivers can't wait." 

Current estimates from the California Board of Equalization project the tax to generate upwards of $77 million annually.  How these funds should be distributed has been hotly contested, currently the bill would designate 30% to the Natural Resources Agency to fund a grant program for environmental cleanup and restoration on public and private lands, 30% to local law enforcement, 30% to fund the multiagency Watershed Enforcement Team, and the final 10% would go for research of the medical marijuana industry.

“Last year the legislature finally laid out guidelines to make the cannabis industry cleaner and safer,” said Wood.  This bill will give us much needed resources to clean up our forests and streams and to make sure we keep the bad actors out of business.”

Any new tax in California requires a 2/3 vote of both the Assembly and the Senate, which means AB 2243 will need support from Republicans in both houses if it hopes to make it to the Governor’s desk.  The bill will be heard next in Assembly Appropriations Committee.

Jefferson Community Center hosts free screening of film on urban farming on April 28

The film is "Growing Cities." April 28 at 6 p.m. Doors open at 5:45.

Free. Light refreshments offered.

Sonoma and Mendocino form an Economic Development District for both Counties


Preliminary hearing next week for suspect in alleged Humboldt Hill assault

Brian Swan was arraigned on April 13. He is charged with a felony. Count 1 is assault with a firearm. There are two special allegations: personally using a firearm, a shotgun in the commission and attempted commission of the assault and personally inflicting great bodily injury in the commission of the crime.

The alleged victim is Robert Alan Babb.

Judge Joyce Hinrichs denied OR/Bail on April 15.

An intervention hearing and another OR/Bail hearing is scheduled on April 25 at 3 p.m.

A preliminary hearing is scheduled for April 26.

Deputy District Attorney Roger Rees is prosecuting the case. Conflict Counsel's office has been appointed for Swan.

Apr 9, 2016

Brian Swan arrested in Humboldt Hill for alleged attempted homicide

On Friday, April 8th, 2016, the Humboldt County Sheriff’s Office received a call for service on the 6000 block of Aspen Way, in the Humboldt Hill area of Eureka, Ca.  The caller reported that a male subject had been shot inside the residence.  It was further reported the shooter was still on scene.

Deputies arrived on scene moments later and established a perimeter around the residence.  Deputies attempted to call the suspect out of the residence numerous times.  However, the suspect did not immediately comply with orders to come out.  Deputies continued their efforts, and eventually the suspect exited the residence and was taken into custody.  The suspect was identified as 34 year old, Brian Swan, of Eureka, Ca.

Deputies secured the scene and located a single gunshot victim in the residence.  Medical personnel were staged and brought in immediately after the scene was secured.

The victim was taken to the hospital for medical treatment, and is in critical condition.

The suspect was taken to the Humboldt County Correctional Facility and booked for attempted homicide.

This case is currently being investigated by Humboldt County Sheriff’s Detectives.

Better to be safe than sorry, explosive device on California street inert

On 04/21/16 at about 7:30 a.m., Officers with the Eureka Police Department responded to California and West Washington Streets for the report of what appeared to be an explosive device near a telephone pole.
The Humboldt County Sheriff Explosive Ordnance Disposal Team (EOD) responded and rendered the device safe.  The device was ultimately found to be inert.
California Street at West Washington was closed during the investigation.  The road was opened up at about 9:25 a.m.

Senator Mike McGuire appointed to Senate Appropriations Committee

Senator Mike McGuire has been appointed by Senate President Pro Tem Kevin de León to the influential and powerful Senate Appropriations Committee.
“I was honored to be chosen by Pro Tem de León to serve on the Senate Appropriations Committee,” Senator McGuire (D-Healdsburg) said. “I look forward to the new challenges and opportunities this assignment will bring and I’ll always work hard to ensure the North Coast is at the top of the priority list.”
The 7-member Appropriations Committee decides the fate of hundreds of bills prior to making it to the Senate floor. The committee is chaired by Senator Ricardo Lara.

Senator McGuire also serves as Chairman of the Senate Human Services Committee and the Joint Committee on Fisheries and Aquaculture. He is also a member of the Senate Transportation and Housing Committee, the Senate Energy, Utilities & Communications Committee and the Governmental Organization Committee.

Man arrested for allegedly shooting Jason Arreaga's dad in attempted burglary


According to this article, a man has been arrested for allegedly shooting Jason Arreaga's dad.

Apr 20, 2016

Lawmaker says if women have to wait 24 hours to get an abortion, so should men, and get a note for Viagra


Captain Steve Watson says no threat to public, Buhne street incident being investigated

LOCO broke the story.


Captain Watson tweeted a brief update.

EPD Press Release:

On 04/20/16 at about 1:10 p.m., Officers with the Eureka Police Department responded to the 1000 block of Buhne St. for the report of shots heard coming from a residence.  Once on scene, officers located multiple bullet holes on an outside pole.  
Officers set a perimeter and checked the residence but did not locate any victims, suspects, or a firearm.  Evidence on scene suggested that shots were fired from inside the residence towards the outside pole.  Eureka High School was briefly placed on a lockdown for precautionary reasons but was lifted around 2:45 p.m.    

Did I blink and miss the coverage of the Kailan Meserve verdict in NCJ?

One of the highest profile cases in Humboldt, and NCJ is the only media outlet that has not even printed the press release.

Maybe there will be a cover story next week with a summary of the probation report on Meserve, Littlefield and similar cases?

Maybe an exclusive interview with Russ Clanton on all the convicted rapists and child molestors he has represented? With part two being a NCJ exclusive on all the alleged child molestors and rapists he has represented?

Maybe an exclusive with the Meserve family?

For a supposed mainstream publication, NCJ's lack of coverage on this case is apalling.

Wouldn't want to piss off that ad revenue or the Meserve family and friends to cover a real case of public safety.

No fireworks in Sears vs Dale lawsuit, another case management set

A case management conference was scheduled today at 1:30 p.m. in Courtroom 8 on the Leo Sears v Greg Dale lawsuit.

For those expecting fireworks, sorry to disappoint. It was very amicable. Mr. Paul Brisso and Mr. Bill Bertain asked Judge Dale Reinholtsen for another case management conference in 90 days.

Next court hearing is on July 26 at 1:30 p.m.

No other media was in court.

Feb 12, 2016

Judge Dale Reinholtsen denies Harbor Commission motion to strike Leo Sears lawsuit

Judge Dale Reinholtsen promised he would have a ruling out this week and he did.

Leo Sear's attorney, Mr. William Bertain confirmed that Judge Dale Reinholtsen denies the defense's motion to strike Leo Sears lawsuit.

Briefly, Mr. Bertain said, "We won the motion to strike."

Judge Reinholtsen in the very last page of the ruling said that the defendant's motion to strike was exempt from anti-slapp analysis pursuant to CCP 425.17 (b).

Plaintiff, Leo Sears attorney costs and fees were denied because there was no frivolous delay.

Mr. Sears said, "I was confident that their challenge would be denied, and I look forward to the case going forward on its merits."

Harbor Commissioner Richard Marks said, "Round one was not in the Harbor Districts favor. Our motion to "strike" or the "anti Slapp statute" was denied. Disappointing but not earth shattering. I am confident we will prevail in the long run."

Feb 5, 2016

Judge Reinholtsen said ruling on Sears v Dale lawsuit will be out next week

The lawsuit that Leo Sears filed against Greg Dale in Humboldt Superior Court had a case management conference scheduled this afternoon.

Paul Brisso was present for Dale and other defendants. Mr. William Bertain for Sears.

Another court date is set for April 20 at 1:30 p.m.

He said his ruling on the defendant's motion to strike will be out next week.

Judge Reinholtsen  referred to a California U. S. Supreme Court case, Montebello v Vasquez about anti-slapp motion in his research on this case. There is also an amicus brief just filed that has "a split between the 1st District and 2nd District."

Nov 30, 2015

FPPC opens investigation into Leo Sears' allegations about the Harbor District, FPPC also rules that Greg Dale can use campaign funds for this civil lawsuit

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

Mr. Bertain is representing Mr. Sears. Mr. Paul Brizzo is representing the Harbor District.

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

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

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

I will have another detailed post on the oral arguments today by the attorneys.

At today's hearing, Mr. Bertain asked the Judge for a 30 day continuance to file a supplemental opposition based on newly acquired evidence.

From the FPPC Nov 5 monthly report:

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

Previous posts:

Leo Sears rejects LOCO's characterization of him as a "railroad buff" and sets the record straight
I happened to call Mr. Leo Sears right in the midst of him writing a response to LOCO mislabeling him as a railroad buff.

After reading all of today's coverage of the press conference, including mine, Mr. Sears gave me permission to print his response on my blog.

This is Mr. Sears response:

"Your headline derogatorily refers to me a “Railroad Buff”. At the-turn-of-the-century, I served a three year term as a Director of the North Coast Railroad, and have long since recognized our areas need for improved transportation.

That having been said, I have never advocated for (or against) an east west railroad. Richard Marks, President of the of the Harbor District, also serves as a Director of the North Coast Railroad Authority and has spoken of the need for improved transportation. I have never thought of Richard as a “Railroad Buff”, and doubt that Richard is a member or advocate of the east west group. I totally reject the bias you've used to paint me with false colors.

Over the past 20 years I have attended numerous monthly Citizens for Port Development luncheons at the Samoa Cook House, as have many Harbor Commissioners. I never felt doing so necessary made me or them members of the Citizens for Port Development. I am not a member of the Citizens for Port Development, and was unequivocal when asked at the press conference. You have simply taken a whole cloth claim by the Commissioners, and ignored asking me for confirmation.

The accusation that the timing the suit is simply to affect the election is a wholly biased and unfounded accusation. Any blame for the timing of the suit fall directly on the shoulders of the Harbor District. It is in reaction to actions they took in September, and I could not have acted any sooner.

To be perfectly clear, I answer to no one other than myself. Over recent years I absented myself from community involvement to care for the declining health of my wife. But I believe my track record to be one of pursuing Economic Growth and Stability. That is what I'm trying to do now. Nothing more, nothing less."

Oct 5, 2015

"I really want to avoid this lawsuit" Leo Sears wants Greg Dale to resign among other remedies sought

The Harbor District races this November just got a kickstart.

A press conference was held at 1 p.m. outside the Humboldt County Courthouse. A lawsuit was been filed in the Humboldt Superior Court this morning by Leo Sears against Harbor District Commissioner Greg Dale as well as fellow Commissioners Aaron Newman, Mike Wilson, Richard Marks, Pat Higgins, Executive Director Jack Crider and the Humboldt Bay Harbor Recreation and Conservation District.

The main point of the lawsuit is that the plaintiff, Leo Sears, alleges that "each and every defendant conspired with each of the remaining defendants and that they had common knowledge of and agreed to a plan to borrow $1.25 million from Coast Seafoods and, in a quid pro quo bargain, grant a 10 year lease extension with 4 five year options to Coast Seafoods while Greg Dale was serving on the Board of Commissioners of the Humboldt Bay Harbor District."

"The lawsuit alleges that all defendants were aware of Greg Dale's capacity as an officer of Coast Seafoods, the party with which the Harbor District was contracting. The lawsuit alleges violation of Government Code 1090.

The lawsuit asks that Greg Dale no longer serve as a Commissioner on the Humboldt Bay Harbor District, that the lease extension and $1.25 million loan be voided, several injunctions and costs of attorney fees.

The lawsuit was filed by local attorney Mr. William Bertain for Mr. Leo Sears. The civil lawsuit is a complaint for declaratory relief and preliminary and final injunctions.

Mr. Bertain said that the Commissioners ignored the wishes of citizens. Mr. Bertain said by filing this lawsuit Mr. Sears hoped this would avoid future of conflict of interests.

One of the things that make this conflict of interest significant said Mr. Sears is the quid pro quo issue. "I really wanted to avoid this lawsuit," said Mr. Sears. "No man can serve two masters."

Section 1090 does not excuse a person from  violation of the law just because he abstains or leaves the room, said Mr. Bertain.

Mr. Bertain referred to a 1985 Supreme Court case that upheld 1090. "I would no longer like to se Greg Dale serve on the Commission because of his conflict of interest," said Mr. Bertain. He described it as "blatant."

"We have two commissioners here right now, I guess we are ready to have a meeting." One of those commissioners was Mr. Marks. Mr. Crider had arrived with Mr. Marks. Mr. Greg Dale came in a few minutes late to the conference.

"We are dealing with the 1090 issue," said Mr. Dale. "You have to have ten percent in the company which I don't. This is a political stunt."

Mr. Dale called the people behind this effort a "group of individuals who have an interest in the East-West rail. It's not a coincidence that these people have been sending me threats for the past month and a half, are doing on the day the absentee ballots are to be sent out."

"I look forward to going to court," said Mr. Dale. "I have never been sued before."

Mr. Crider agreed with Mr. Dale that "this was a political stunt.". He said "I try not to get involved in the election office." Being named as a defendant in a lawsuit involving the Harbor is par for the course since he is the Executive Director.

"As soon as the election is over this will get dropped," said Mr. Crider. "We have had multiple attorneys on this, it was a complicated agreement. Because of public interest, we took public input in the final agreement."

Mr. Marks said that the timing was of interest since the absentee ballots come out tomorrow.

Mr. Sears said the timing was dictated by the actions of the Harbor District in September. It was September 10th when they multi-year extension of the lease with Coast Seafoods was signed. It was September 16th when he wrote a letter to the Editor asking for Mr. Dale to resign.

In the press release as well as remarks at the press conference, both Mr. Sears and Mr. Bertain said that at a luncheon meeting of the Fortuna Chamber of Commerce, Mr. Dale told the public attending that he was the one who conceived the idea and pushed the idea of Coast Seafoods, his employer, making a loan to the Harbor District to assist in the removal of pulp processing liquors from the Harbor District's recently purchased property at Samoa that was formerly the Freshwater Pulp Mill.

Mr. Sears also dismissed the criticism by Greg Dale that this was motivated in any way by people involved in the East West railroad. Mr. Sears said he had no connection with the East West railroad. "The only organization I pay dues and am a part of is the Taxpayers League."

Oct 5, 2015

Leo Sears filed a conflict of interest lawsuit in Humboldt Superior Court against Greg Dale, the Harbor District and other commisioners.

This morning, Leo Sears filed a conflict of interest lawsuit in Humboldt Superior Court against Greg Dale, the Harbor District, and the other 4 commissioners.

A press conference is being held at 1 p.m. in front of the Courthouse where more details and a copy of the complaint will be available.

Alleged road rage incident in front of Six Rivers Brewery results in man being hit by a Prius

On Tuesday, April 19, 2016, at about 8:20 p.m., Humboldt County Deputy Sheriffs responded to a local hospital to speak with a victim from a possible road rage incident that occurred in front of Six Rivers Brewery in McKinleyville. Upon arrival, deputies spoke with the 33 year old male victim, who sustained significant injuries after being struck by a vehicle. The victim told deputies he was driving northbound on Hwy 101 when he approached and eventually passed a white Toyota Prius. The white Prius followed closely behind him. The victim exited the highway at Central Ave and continued northbound with the Prius following.
The victim drove into the Six Rivers Brewery parking lot and parked on Henry Ln. The Prius stopped a few feet from the victim’s vehicle. The victim exited his vehicle and walked toward the Prius. The driver of the Prius accelerated and ran into the victim, hitting him with his bumper and drove off. The victim was taken to local hospital where he was treated for his injuries.
The suspect is described as a 60 year old white male adult, with a short white beard and wearing sunglasses. The vehicle is described as a newer model, white Toyota Prius.

Apr 19, 2016

Check out Jeffrey Schwart's Facebook page: StoppotinArcata

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DA on Kailan Meserve Verdict

 On April 19, 2016, a jury found 45-year-old Kailan Coridon Meserve guilty of 15 felony counts, including three counts of forcible rape, six counts forcible oral copulation, false imprisonment, assault by means likely to produce great bodily injury, criminal threats, two counts of sexual battery, and sexual penetration by a foreign object.

On December 26, 2013 the defendant entered a residence in Petrolia where an acquaintance was staying and found her upstairs asleep. The victim awoke with the defendant on top of her, told him no, and tried to resist. During the rape he committed various forcible sex acts against her before leaving the residence. He then returned and committed sexual acts a second time.
On November 9, 2014 after a community event in Petrolia the defendant offered a ride home to a woman he had met. Instead of taking her home, he took her to his property. Once there, Meserve took her into a trailer, raped her and committed other sex acts without her consent. During the incident, he also strangled her, threatened to kill her and told her he would freeze her body and feed her to animals.
The case was tried by Deputy District Attorney Brie Bennett, with assistance from District Attorney Investigator Steve Dunn. The defendant was represented at trial by Russell Clanton.
The defendant was remanded into custody after the verdicts were read. Judge Cissna will sentence the defendant on July 1, 2016.  DDA Bennett and District Attorney Maggie Fleming wish to express appreciation to the victims in the case, whose willingness to provide difficult testimony has enhanced public safety.

Suspended licenses, probation violations and a suspect named Champagne arrested in Cutten

On 04/1916 at about 1:20 p.m., detectives with the Eureka Police Department Problem Oriented Policing Unit (POP), Drug Task Force, and the DEA served a search warrant on Brian Hickey and his vehicle in the parking lot of Murphy’s Market.
During the course of the investigation, 3 vehicles total were searched in the parking lot and six people were contacted. 
Brian Hickey, 53 of Eureka, was arrested for possession of marijuana for sales, transportation of marijuana, possession of drug paraphernalia, and driving on a suspended license.  Vanessa Stowe, 26 of Eureka, was arrested for possession of marijuana for sales, possession of drug paraphernalia, and probation violation.  Jacques Champagne, 47 of Eureka, was arrested for probation violation. 

Kailan Meserve tells his family, "I will see you later. It's ok. I love you."

As he was being led away in cuffs, Kailan Meserve said to his wife, his sister, his father and another woman in the courtroom, "I will see you later. It's ok. I love you."

Today, before he went into the courtroom for the verdict,  Amy Meserve hugged her brother and his wife Monica a soon as they arrived on the second floor.

His father, Dave Meserve and his sister Amy, have been there for almost every court hearing. His sister started sobbing as each guilty verdict was read in court. His wife and the woman next to her were also crying.

Finally, some justice for victims, particularly women and children, under District Attorney Maggie Fleming's leadership.

Finally, some justice for victims, particularly women and children, under District Attorney Maggie Fleming's leadership.

Special thanks to the DA team and prosecutors on  the Jason Warren case (Mr. Paul Sequeira, special prosecutor); the Gary Bullock case (Mr. Andrew Isaac); the John Bullwinkel case (Ms. Brie Bennett); the Timothy Littlefield case (recently Ms. Bennett and Mr. Isaac) and the Kailan Meserve case (Ms. Bennett).

All the staff, the DA investigators,  the deputy district attorneys are wonderful but the Warren, Bullock, Littlefield and Meserve verdicts have been particularly gratifying.

Of these cases, three defendants were represented by Mr. Russ Clanton (Bullwinkel, Littlefield and Meserve). What is even more impressive is that Ms. Bennett has been an attorney for a lot less time than Mr. Clanton. She has stood her own and won motions and rulings despite Mr. Clanton's bombastic theatrics in the courtroom.

She is one of my favorite attorneys and such a great choice for a CAST prosecutor.

Today, being the 20th anniversary of CAST, I think the Meserve verdict has extra significance.

Male bicyclist involved in collision on 5th and R conscious and taken to hospital

Male bicyclist involved in collision with vehicle on 4th and R transported to the hospital. He was conscious and communicating with medics, according to EPD's Captain Steve Watson.

Kailan Meserve found guilty of 15 counts, taken away in cuffs after verdict

Guilty on all 15 counts. For Count 1, he was found not guilty of kidnapping but he was found guilty of the lesser charge of false imprisonment.

The jury did not find special allegations of kidnapping true for Counts 1-7.

Meserve was charged with 15 counts, many counts have the option of lesser charges and there are special allegations.

Count 1 kidnapping (Jane Doe #1 to commit rape), Count 2 Forcible rape (Jane Doe #1), Count 3 Forcible oral copulation (Jane Doe #1),Count 4 Forcible oral copulation (Jane Doe #1), Count 6 Assault by means likely to produce great bodily injury (Jane Doe #!), Count 7 Criminal threats (Jane Doe #1), Count 8 Forcible Rape (Jane Doe #2), Count 9 Forcible Rape (Jane Doe #2), Count 10 Forcible oral opulation (Jane Doe #2), Count 11 Forcible Oral copulation (Jane Doe #2), Count 12 Forcible Oral Copulation (Jane Doe #2), Count 13 Forcible Oral Copulation (Jane Doe #2), Count 14 Sexual battery (Jane Doe #2), Count 15 Sexual battery (Jane Doe #2), Count 16 Sexual penetration by a foreign object (jane Doe #2).

Special allegation of kidnapping for Counts 1 to 7.

Previous reports have stated 16 counts. One count, count 5, sexual penetration by a foreign object, is a charge Meserve was not held to answer after the preliminary hearing.

That one count was not updated and unclear in the computer last time I checked during the trial but I got clarification from Deputy District Attorney Brie Bennett after the verdict.

Kailan Meserve was led away in cuffs after the verdict was read.

Sentencing is July 1st at 8:30 a.m. Meserve waived time for sentencing.

Verdict in for Kailan Meserve case

Today is Day 3 of jury deliberations in the Kailan Meserve case. The jury got the case a bit after 11 a.m. this Monday. They deliberated until noon. Yesterday, they had a question and a note, and deliberated from 8:30 to noon.

Around 9:15 a.m. today, both attorneys went into the courtroom. They both walked out a minute later, then Deputy District Attorney Brie Bennett came back with a form.

Another note from the jury at 10:40 a.m.

Verdict is in. Waiting on Kailan Meserve to get here, eta 10 minutes.

We went in around 11:30, jury came in, Judge looked at forms, asked jury to step back into deliberation room and is meeting with attorneys privately. The attorneys and Meserve just walked out. Back at 1 p.m.

The jury foreman had said they had reached verdicts.

I have been the only one from media here and the only one to cover this case. I will be calling KMUD later, just tried to contact a couple other reporters. Thank you to KIEM's Sierra Jenkins for making the time to cover the verdict.

Meserve is charged with 15 counts, many counts have the option of lesser charges and there are special allegations.

Count 1 kidnapping (Jane Doe #1 to commit rape), Count 2 Forcible rape (Jane Doe #1), Count 3 Forcible oral copulation (Jane Doe #1),Count 4 Forcible oral copulation (Jane Doe #1),  Count 6 Assault by means likely to produce great bodily injury (Jane Doe #!), Count 7 Criminal threats (Jane Doe #1), Count 8 Forcible Rape (Jane Doe #2), Count 9 Forcible Rape (Jane Doe #2), Count 10 Forcible oral opulation (Jane Doe #2), Count 11 Forcible Oral copulation (Jane Doe #2), Count 12 Forcible Oral Copulation (Jane Doe #2), Count 13 Forcible Oral Copulation (Jane Doe #2), Count 14 Sexual battery (Jane Doe #2), Count 15 Sexual battery (Jane Doe #2), Count 16 Sexual penetration by a foreign object (jane Doe #2).

Special allegation of kidnapping for Counts 1 to 7.

HUMCPR and Nezzie Wade get told off about homeless by LOCO commenters, thumbs up!


There are some people who need help but the comments on this post pretty much sum up how the public feels.

Child Abuse Service Team recognized by Board of Supervisors for 20 years of service

CAST was recognized this morning at Board of Supervisors meeting.

Humboldt County Board of Supervisors would like to the Child Abuse Services Team
(CAST) for providing coordinated collaboration to effectively respond to child abuse cases.

CAST is team comprised of specialty trained individuals representing Child Welfare Services, District Attorney, District
Attorney Victim Witness, Law Enforcement, Mental Health, North Coast Rape Crisis Team, Probation and Tribal Agencies. This year marks their 20th year of dedicated service to the county.

Recognition of the Child Abuse Service Team (CAST) for 20 Years of Dedicated Service
(Supervisor Mark Lovelace)
Recommendation: That the Board of Supervisors authorize the Chair to sign the Resolution.

Deputy District Attorneys Brie Bennett and Stacey Eads are the two prosecutors from the Humboldt County D. A. 's office, with DDA Whitney Barnes. DA Investigator Kyla Baxley is assigned to all CAST cases.

Humboldt County District Attorney Maggie Fleming and County Counsel Jeffrey Blanck before today's Board of Supervisor meeting started.

Board Chair Mark Lovelace presenting proclamation to DA Maggie Fleming and DHHS Director Connie Beck.

Former Hoopa softball coach sentencing continued to April 25

William Jarnaghan wa supposed sentenced on April 18 at 4 p. Sentencing
continued for a week to April 25 at 4 p.m.

Mar 23, 2016

Former Hoopa softball coach William Jarnaghan pleads guilty to sexual penetration with a foreign object with a victim under 18 years

William Jarnaghan plead to one count of PC 289 (h), a felony, yesterday in Courtroom 5. That is sexual penetration with a foreign object with a victim under 18 years.

According to the law, anyone who is guilty of this crime, "shall be punished by imprisonment in the state prison or in a county jail for a period of not more than one year."

The other charges were dismissed. The victim and family were in court. Jarnaghan entered an Arbuckle waiver since Visting Judge Arvid Johnson was filling in for Judge Joyce Hinrichs.

Sentencing is on April 18 at 4 p.m.

Mar 11, 2016

Resolution reached in former Hoopa softball coach William Jarnaghan's case involving minor

At today's trial assignment for former Hoopa softball coach William Jarnaghan, the jury trial was vacated since a resolution was reached late yesterday.

The offer was made by the defense and victim's family was notified yesterday at 4:30 p.m.

March 22 at 2 p.m. is when the plea will be accepted. Judge Joyce Hinrichs will be away so an Arbuckle waiver was entered so another Judge could accept the plea.

Feb 9, 2016

Defense motion to continue former Hoopa softball coach's jury trial granted despite People's and victim's oppositions

A motion filed by former Hoopa softball coach William Jarnaghan's attorney, Mr. Neal Sanders, to continue the jury trial scheduled for February 16 was granted this afternoon by Judge Joyce Hinrichs.

Jarnaghan was not in court. Mr. Sanders said he was present in the hallway and waived his appearance in court for today's hearing.

Deputy District Attorney Stacey Eads, who was present in court today for her CAST colleague, Ms. Brie Bennett said, "People are opposed. People are prepared to proceed to trial. The victim is a minor who resides in the community of which Mr. Jarnaghan also is part of and is having a difficult time. This is prolonging the victim's suffering. The victim has a constitutional right to a speedy jury trial."

Mr. Sanders countered with, "I was led to believe that this was resolved until the last hearing. The powers to be rejected the original disposition. My client has a constitutional right to effective counsel."

Ms. Eads said that the offer that was made to Jarnaghan was made early in the case. He chose to reject that offer. That offer was no longer available and the defendant decided to consider it " months later down the road."

New jury trial date is March 14 at 8:30 a.m, Trial assignment is on March 11 at 8:30 a.m. and Trial Confirmation is on March 1 at 2 p.m.

Jan 20, 2016

Jury trial confirmed for former Hoopa softball coach William Jarnaghan

There was a pre trial hearing scheduled yesterday afternoon for William Jarnaghan.
Visiting Judge Stephen L. Mock subbed in for Judge Joyce Hinrichs. Dates were confirmed.

Oct 29, 2015

Resolution before jury trial may happen in case for former Hoopa softball coach charged with alleged sexual charges involving former student

This afternoon, trial setting for former Hoopa softball coach, William Jarnaghan, was scheduled in Courtroom 5.

Deputy District Attorney Brie Bennett is prosecuting the case. Mr. Neal Sanders is representing Jarnaghan. DDA Jackie Pizzo subbed in for her colleague this afternoon.

Mr.  Sanders said, "We are trying to see if we can get a resolution on the case. We were hoping for that today. The family needs to decide what kind of disposition they want."

Since it is a time waived case, jury trial was set for February 16 at 8:30, Trial confirmation for February 2 at 2 p.m and pre trial on December 15 at 2 p.m.

DDA Jackie Pizzo said, "My only concern about setting it in February is that I haven't spoken with the victims."

Judge Hinrichs said that while she realizes that under Marcy's law, victims are entitled to speedy resolution, this is a time waived case and "we are trying to set realistic time frames" of when cases will proceed.

Oct 14, 2015

William Jarnaghan enters not guilty pleas at arraignment for alleged sexual charges against minor victim

Former Hoopa High school softball coach William Jarnaghan was arraigned on information this afternoon in Courtroom 2. Exact same charges as preliminary hearing. All counts are against a female victim under 18 years old. Counts 1,2 and 3 are felonies.PC 289 (h). Counts 4,5 and 6 are misdemeanors. Annoying/Molest a child under 18 years. PC 647.6 (a)(1).

If convicted, Jarnaghan will have to register as a sex offender.
Jarnaghan entered not guilty pleas.

Deputy District Attorney Brie Bennett is prosecuting the case. Mr. Neal Sanders is representing Jarnaghan.

Trial setting is 10/29 at 2 p.m. in Courtroom 5.

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