Jul 30, 2016

Is this what is considered Keep Eureka beautiful? Trash, toilet paper and overgrown foliage?

This is  a native garden allegedly maintained by some volunteer citizen, according to the city sources.

It has not been cut down but should be. It's disgusting. And the garden does not look maintained.

Unless this volunteer citizen wants to come pick up the trash and "police" the transients, Public Works needs to take care of this eyesore.








It is in Old Town on second street between H and I streets where there is a parking lot.

On almost a daily basis, this is the trash, which worsens on the weekends when the lot is not full of cars from neighboring offices.

Lately, this summer, transients with cigar butts, empty bottles, sleeping bags and as you can see toilet paper use it as a bathroom. Yelling and screaming at night. Twice, I had to call the police because politely asking these miscreants to move on, results in them hurling insults. Just called the non emergency number ten minutes ago.

The park benches are used by loiterers.

Lovely sight for tourists and people checking out this place to live.

These are people all over town that chose to hang out, refuse to take advantage of resources because they rather drink, piss, yell and trash public property and residences.

If they just wanted to sleep, rest, it is one thing. I don't want to walk at night, having these a-holes call me names like crackerhead with no provocation or be woken up almost  daily because some drunk cannot get their act together.

Campsites have been established, the lot at third and Commercial houses those that want to change, there are shelters. No reason for these many people out on the streets.

If they have money for bottles of booze and cigarettes and weed daily, it's their choice to be out on the streets all night.

Could the bleeding heart activists give me their phone number so I can send these people to their homes instead of wasting EPD and City and County resources.




NTSB and FAA take over investigation of CAL-ORE plane that crashed yesterday

Update 8/1/2016 :

The victims of the tragic airplane accident have been identified by the Humboldt County Coroner’s Office as:

1. Larry Mills age 54.
2. Deborah Kroon age 49.
3. Michelle Tarwater age 30.
4. April Rodriquez age 35.


April Rodriquez was the patient who was being transported to Oakland, California when the accident occurred. The other (3) victims were employees of REACH. All of the victims were from Crescent City, California.




Today, HCSO assisted the NTSB and FAA in the investigation of the CAL-Ore plane that crashed yesterday.

NTSB and FAA arrived today. They have taken over the investigation and will be handling all media inquiries. They will be here until tomorrow. I will have the latest update tomorrow.

Previous post:

http://johnchiv.blogspot.com/2016/07/hcso-searching-for-missing-aircraft.html?m=1

Bollywood Indian cuisine to reopen on 4th street in Eureka




Mango Lassi


Vegetable combo

Bollywood Cuisine hopes to be "open and running" by September, definitely by the Fall.

Their new location will be where the Ethiopian restaurant is located on 4th street in Eureka, close to the Co-op.


Allen McCloskey, one of the plaintiffs in a lawsuit against St. Joseph hospital took out papers to run for Eureka City Council


Allen McCloskey announced on his facebook page that he is running for Eureka City Council.

According to a source, he has taken papers out for the 4th Ward.

https://www.facebook.com/allen.mccloskey.3

Excerpt:

"Thank you to my family, hundreds of coworkers, hundreds of patients, practitioners, current city council members, and friends for supporting me and encouraging me to continue my work by securing a seat on the Eureka City Council. With your support I am most certain that we will win this election come November. Together we can secure this seat. Together we can take on the status quo, together we can begin fixing our beautiful city and addressing our pending issues and restoring balance to our economy. I look forward to what we will accomplish together on this venture. Thank you all and God Bless!"






Related links:

https://www.facebook.com/allen.mccloskey.3/posts/996285530399663

https://lostcoastoutpost.com/2016/feb/17/gay-couples-sue-st-joseph-hospital-discrimination/

Excerpt:

Two gay couples employed by Eureka’s St. Joseph Hospital have filed a lawsuit against the Catholic institution alleging that hospital staff discriminated against them by refusing to let them work in the same unit with their partners while allowing straight couples to do so.
Nurses Donna Rotan and Pamela Hinson and lab workers Allen McCloskey and Antonio Moreno filed the suit last month in Humboldt County Superior Court, accusing the hospital of sexual orientation discrimination under the Fair Employment and Housing Act.

uhw.org/humboldt-county-nuhw-members-discuss-st-josephs-low-wages-on-khsus-thursday-night-talk/

Excerpt:

St. Joseph Eureka healthcare workers Kellie Shaner and Allen McCloskey, along with NUHW Lead Negotiator Charlie Ridgell, discussed St. Joseph Health System’s low wages July 2 in a one-hour interview on KHSU’s Thursday Night Talk.

Heidmann and Wright each have 1/2 a million $ bail; are cellies in max; and booked for 5 felonies and 3 misdemeanors which include conspiracy to commit a crime

Benjamin Heidmann and Konnor Wright, who were arrested yesterday are still in custody. I just checked the following information at the Humboldt County Correctional Facility.


Each has half a million dollars bail. They are both in the max unit and are "cellies."


Each has been booked for following felonies: Attempted murder; assault with a firearm upon a person; Wearing a body vest; Shooting an inhabited dwelling and Conspiracy to commit a crime.


Each has been booked for the following misdemeanors: Possession of a controlled substance (armed); possession of a controlled substance; and wearing masks for unlawful purposes.


Jul 29, 2016

Two arrested by APD for attempted murder after shots fired into a residence



On 7/29/16 at about 2:12 AM Officers responded to the 1700 block of Stewart Ave for multiple reports of shots fired in the area.  Officers from the Arcata Police Department responded and located a residence with multiple bullet holes through a window and the front siding of the house.  Shell casings were also found in the roadway near the residence.  The residents inside the home were contacted and were uninjured.
The vehicle was described as a dark colored four-door sedan possibly occupied by two subjects.
At about 3:11 AM, an Arcata Police Officer conducted a traffic stop on a vehicle that had been seen while officers were responding to the initial call that was similar to the description of the suspect vehicle.  During the traffic stop, the officer noticed a rifle in the back seat.

Officers detained the two occupants that were inside the vehicle.
During a search of the vehicle, two firearms were located that were consistent with the casings found on scene. Additional evidence was located inside the vehicle that tied the two occupants to the shooting.
Benjamin Isaia HEIDMANN age 18 from Arcata was arrested and booked into the Humboldt County Jail for 664/187 PC - Attempted Murder, 245(a)(2) PC - Assault With a Firearm, 246 PC - Shooting into an Occupied Dwelling, 12022.2(b) PC - Wearing Body Armor While in the Commission of a Felony, 11377(a) H&S - Possession of Methamphetamine, 11364(a) H&S Possession of Drug Paraphernalia, 182(a) PC - Conspiracy to Commit a Crime, 11370.1 PC - Possession of a Firearm While in Possession of Drugs, and 185 PC - Use of a Mask Committing a Crime.
Konnor Lee WRIGHT age 22 from McKinleyville was arrested and booked into the Humboldt County Jail for 664/187 PC - Attempted Murder, 245(a)(2) PC- Assault With a Firearm, 246 PC - Shooting into an Occupied Dwelling, 12022.2(b) PC - Wearing Body Armor While in the Commission of a Felony, 11377(a) H&S - Possession of Methamphetamine, 11364(a) H&S Possession of Drug Paraphernalia, 182(a) PC - Conspiracy to Commit a Crime, 11370.1 PC - Possession of a Firearm While in Possession of Drugs, and 185 PC - Use of a Mask Committing a Crime .
The investigation is ongoing.  Anybody who witnessed the incident is urged to contact the Arcata Police Department.

"We are not out to get rich; we want our family in this community for 50 years."




Pictured above is Surfside Burger Shack owner Chad Smith painting the back room.  All of Surfside, which, is located at  445 5th Street in Eureka, getting a makeover, being painted blue and the back area will have a Tiki bar, a pool table and a pinball machine.

"These days people are food and beverage smart," said Mr. Smith. "We will only be serving local beer and wine." Mr. Smith said that in addition to supporting local wineries; beer from Lost Coast, Mad River, Six Rivers and Eel River breweries will be featured.

"We serve 100% fresh food. No frozen, no CISCO, we have no microwave."

"I feed my children and my employees this food. If people are going to eat this food, they are eating fresh, healthy food."

Soon, Surfside will be offering "handmade milkshakes and organic ice cream with local ingredients, hand-dipped and scooped."

"There is no place hands down in Eureka that offers food that is nutritious and affordable. We have a daily combo special for $9.95."

"We are not out to get rich; we want our family in this community for 50 years."




"The day after Christmas two years ago you decided it was OK to find me in the middle of the night while I was sleeping and rape me, leave me in the pitch dark on a dirt floor-come back later on in the night and rape me all over again."

This is the entire statement sent to me by Jane Doe #2 in the Kailan Meserve case. She sent it to me to be published, only on my blog. Do not use it elsewhere. No one else has a right to publish or reproduce this post (or any material on my blog, especially without permission). I usually do not put such a strong disclaimer but find it necessary, especially in this case. 

Your Honor I would like to address this letter to the defendant Mr. Meserve.

I have so much to say, saying I don't know where to begin is a tremendous understatement. Initially when I learned about writing a letter or an impact statement to the judge or to the court or to you I was eager, confident, and anticipating having an opportunity to tell my story, explain my feelings, and have a chance to talk without being completely terrified and distraught by being recorded, interrogated, or in front of a court room. Now it is the night before this letter is due and I'm finally writing it. This is because any tiny morsel of confidence or well-being or clearheadedness enough to address anything to do with what you did to me or this situation have completely vanished and destroyed me. Not to mention the horror that you have put my family and friends through, the other victims family and friends through, your family and friends through, the court etc. I'm writing this to explain to you that you have irreversibly undeniably disgustingly forever altered so many peoples lives it is inconceivable.

The day after Christmas two years ago you decided it was OK to find me in the middle of the night while I was sleeping and rape me, leave me in the pitch dark on a dirt floor-come back later on in the night and rape me all over again. Again, leaving me there stunned, sad, scared and hurt.


EPD responds to call of armed robbery at Texaco on Broadway; alleged suspect escapes capture

Operation Safe Streets posted this around 4 a.m.



Update - suspect was armed with a black handgun. Described as white male in his 20's and wearing a black bandana.  Reportedly fled on foot east on West Grant.  Units were unable to locate the suspect.

☆ Original Post ☆
Eureka Police just responded to Texaco on Broadway and West Grant for an armed robbery.

Jul 29, 2016

Two arrested by APD for attempted murder after shots fired into a residence



On 7/29/16 at about 2:12 AM Officers responded to the 1700 block of Stewart Ave for multiple reports of shots fired in the area.  Officers from the Arcata Police Department responded and located a residence with multiple bullet holes through a window and the front siding of the house.  Shell casings were also found in the roadway near the residence.  The residents inside the home were contacted and were uninjured.
The vehicle was described as a dark colored four-door sedan possibly occupied by two subjects.
At about 3:11 AM, an Arcata Police Officer conducted a traffic stop on a vehicle that had been seen while officers were responding to the initial call that was similar to the description of the suspect vehicle.  During the traffic stop, the officer noticed a rifle in the back seat.


Packed room for adult drug court graduation ceremony at the Courthouse

Packed room for adult drug court graduation. There was barely room to stand. Judge Timothy Cissna did the welcome and closed the ceremony.

Families, supporters and other current participants of the program were in attendance. 8 graduates.


Representatives from HCSO, Public Defender Ms. Kelly Neel, Conflict Counsel's Mr. Kaleb Cockrum and DA Maggie Fleming were there for the ceremony.

Present from Probation were Chief Probation Officer Bill Damiano, Joseph Petsche, Barbara Robie and Shaun Brenneman,

Judge Cissna and Probation staff received applause as they spoke. Judge Cissna said he had "never seen so many people".

"Those of us that are employed look forward to 5'0 clock," said Judge Cissna. "This week I looked forward to 2:30 on Friday."

Brenneman said that it is necessary to have an active judicial officer for the program and while they have had many "great ones in the past", he singled out Judge Cissna.

Brenneman also said that in the media, "we see people getting arrested and that this is a chance to show the community that people do change."

Brenneman said that due to his law enforcement background, "he started out cynical and now has hope."

"Each person sat down with their probation officer and prepared a speech of their journey; this is just a snap shot," said Ms. Robie.





Travis was one of the first speakers. He decided to turn his life around after his fifth DUI. He said he used "alcohol to numb him from life." He said he wanted to be a "better father to his children and he could not stop drinking on his own." Now he is employed full-time working in the lumber industry. He is "almost" two years sober.

"It feels great to stand up here and say I did it," said Travis. "This is the biggest accomplishment of my life."

Referring to Petsche, he said, "At first, I thought he hwas a hard ass." The room broke into laughter.

Mr. Damiano said that inviting current participants of the program is so that "they feel inspired seeing that people do graduate. It is a 18-24 months program."

Only KIEM and myself here to cover the ceremony.

Mistrial in Charles Cole alleged animal cruelty case

Mistrial in Charles Cole case today. Mr. Kaleb Cockrum who representedcCole said that 7 jurors were for guilty; 5 not guilty.

Deputy District Attorney Carolyn Schaffer prosecuted the case. The case will be tried again. Trial confirmation is on August 10. Jury trial is on September 12.

Jul 26, 2016


Jury selection going on for Charles Wesley Cole charged with animal cruelty; the alleged incident occurred in January 2016

Jury selection is currently going on in Courtroom 2 for Charles Wesley Cole. He is charged with Count 1 Depriving an animal of drink or shelter.  Judge Marilyn Miles is the trial judge.


Mar 8, 2016


Cats or risk further prosecution; Visiting Judge tells Charles Wesley Cole who is charged with animal cruelty

Charles Wesley Cole was told by Visiting Judge Douglas Phimister that he "had a lifestyle choice to make." The Judge told Cole that he could either keep the cats or risk further prosecution if further abuse was alleged.


Fire Chief Gillespie says that fire on 216 3rd street "suspicious" but cannot say accidental or arson yet

Floyd Squires who who owns the building was at other end of town when he got the call. He is at the scene.

EPD Officer Cory Crinch left around 11.

Fire Chief Bill Gillespie said the fire was coming out through the wall at the top of the stairwell. No utilities in the wall.

Fire Department knows the area, they do not know cause yet.

Gas has been turned off. Tenants just allowed in but through back end of the building.

A tenant thanked Chief Bill Gillespie.





HCSO searching for missing aircraft that lost contact in Arcata area




9:35 p.m. update:



On 07/29/2016 at about 2030 hours, the Humboldt County Sheriff's Office Coroner's Division completed recovery of the victims from this accident. Tragically, four fatalities were confirmed. All four subjects, three females and one male, were recovered from inside the wreckage of the aircraft.

The ages and identities of the victims are being withheld at this time pending identification and notification of next of kin.



Latest update on today's airplane crash:
The National Transportation Safety Board will arrive tomorrow around 1100 hours.The Humboldt County Sheriff's Office has secured the scene. 
There is a quarter-mile mile debris field for the crash site. Personnel have confirmed plane went down into timber.
Sheriff’s Office is in communication with REACH Air Medical Services with information for the victim’s family.Personnel have confirmed four people were on the plane, and as noted earlier confirmed two fatalities.


Jul 28, 2016

"The thought that he receive probation for the death of a person shocks the conscience."

Zachary Glascoe was sentenced today by Judge Timothy Cissna, who asked Glascoe in his own words to tell him, "why I should give you probation."

I was the only media in court for sentencing. I will update this post with arguments made by DDA Brie Bennett for a prison sentence and Judge Cissna's detailed explaination.

Update, most likely tomorrow. It has been full days in court and other news and I am exhausted.


The quote in the title is from Ms. Bennett.

Probation recommended probation instead of prison and drug treatment.

There was dispute about Glascoe having two or three prior convictions for DUIs. Despite Ms. Bennett's efforts, included a certified rap sheet, Judge Cissna said the Santa Clara County minutes were unclear and he was uncertain whether Glascoe had been previously convicted.


Kailan Meserve: 15 felonies; 23,years in prison; lifetime registration as a sex offender

DA's press release:


Kailan Meserve was sentenced today after being found guilty earlier this year of 15 felony charges: three counts of forcible rape, six counts of 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.
At sentencing statements were read to the court describing the impact the defendant’s conduct had on the two victims and members of their families. Superior Court Judge Timothy Cissna imposed a sentence of 23 years in prison, lifetime registration as a sex offender and a lifetime restriction on gun ownership.

Deputy District Attorney Brie Bennett prosecuted the case; attorney Russ Clanton defended Kailan Meserve.

Judge Cissna rejects David Lockhart plea for alleged vehicular manslaughter

David Lockhart sentencing was scheduled this morning. Judge Timothy Cissna rejected the plea.

There is a disposition and reset hearing on August 11.


Jul 3, 2016


Conditional plea goes south, tense words exchanged between family members and Lockhart sentencing postponed due to possible form error





Eighteen family members, some crying, one very upset and angry man named "Niko" from the victims in David Lockhart's case attended the afternoon sentencing, only to have it postponed to July 28 at 4 p.m. Mr. Patrik Griego was in court, he represents the Baker family.


Dave Meserve claims that the charging of his son's case was "politically driven" and there is an agenda "to charge people in the marijuana industry."




Five people spoke in support of Kailan Meserve. Two family friends, one of whom is Jim Groeling, the father of Ashleigh Groeling, who has known Kailan Meserve since childhood, considers him like a brother and testified in support of Jane Doe #2.

They mostly spoke about the Kailan Meserve they knew. Jim Groeling made a statement later refuted by Jane Doe #2's cousin. And by Deputy District Attorney Brie Bennett.

Amy Meserve, Kailan Meserve's sister and Monica Meserve, Kailan Meserve's wife spoke. Both cried while they spoke. They talked about the man they knew and the pain they and their family is going through. Kailan Meserve's father, Dave Meserve spoke. When these three spoke, Kailan Meserve looked down at the table or and wiped away tears.


Despite claims that Kailan Meserve feels remorse for his behavior, that was not obvious during the trial or after the verdict in his demeanor nor did Kailan Meserve make any such statement.

While Amy Meserve and Monica Meserve expressed disbelief that the Kailan Meserve they knew was capable of violence or rape; Dave Meserve blamed everyone except his son, dismissing what happened as a result of "alcohol and basic stupidity."

Dave Meserve's statement included a comment that he did not mean to minimize rape but he did just that by questioning the life sentence his son would face. He also made absurd claims about an agenda politically driven by the District Atttorney's office to "charge people in the marijuana industry." He made other claims not proven during the trial or testimony.


Full update of statements later...Update, most likely tomorrow. It has been full days in court all week and other news and I am exhausted.



“Sometimes we get lulled in to thinking our community is the only one experiencing an issue, but you come to a gathering like this with counties from across the country and you are reminded right away that you’re not alone”





The National Association of Counties (NACo) brought its annual conference to Los Angeles County last week giving California counties the opportunity to participate in policy discussions about a variety of important national issues. More than 150 California county officials and staff participated in the conference, which attracted nearly 3,000 of their counterparts from across the country.

“The NACo conference is one of the most effective ways to have our voices heard on the national issues that impact us here in the Golden State,” said Richard Forster, President of the California State Association of Counties and an Amador County Supervisor. “There is so much good policy discussion and expertise about water, transportation, public safety, health and mental health care, public lands and tribal issues just to name a few.”

The multi-day conference was the first in California in recent memory. The event provided county officials an important opportunity to weigh in on key policy issues, attend informative workshops and network with their colleagues from around the nation. Another highlight of the conference was the election of San Diego County Supervisor Greg Cox as NACo 2nd Vice President, ensuring California has a strong voice within the association in and Washington, D.C. over the next four years.

“Sometimes we get lulled in to thinking our community is the only one experiencing an issue, but you come to a gathering like this with counties from across the country and you are reminded right away that you’re not alone” said Virginia Bass, 4th District Supervisor and Vice Chair of the Humboldt County Board of Supervisors. “It’s really invaluable to be able to share information with officials from other counties, most of which are rural counties like us, and talk face-to-face about issues we have in common. This is a great opportunity for Humboldt County to build bridges with our county partners, and I’m excited to use the information we gained and relationships we created there to bring positive changes to our community.”

Founded in 1935, NACo brings county officials from through the country together to advocate with a collective voice on national policy, exchange ideas and build new leadership skills, pursue transformational county solutions, enrich the public’s understanding of county government, and exercise exemplary leadership in public service.

“You can read briefing papers and follow issues online,” President Forster added. “But with many complex issues, there’s nothing like hearing from the experts in person, asking questions and being able to influence national county priorities. These issues directly affect the people we represent at home and knowing more about them makes you a more effective county leader.”

"The image of my girl being brutalized haunts me"

Jane Doe #2's mother who spoke today and a statement that was read by Victim Witness Advocate Carey Call, on behalf of Jane Doe # 2's father was heartbreaking to hear as well as the letter written by Jane Doe #2.

Jane Doe #2's mother said, "Your Honor: In the early morning hours of September 25, 2015, I received a phone call no mother should ever receive.  The caller was sobbing, gasping for air.  My heart sank.  Barely able to make out the words, I heard my girl say, "Mom, I was raped."  My sweet girl cried for several hours, as she found the courage to tell me she'd been terrorized, raped and raped again, in the dark of the night, almost two years prior. Since September 25, 2015, I have cried each day.  I have prayed each day.  I have asked God to help my girl make it through another day.  I have asked God to help me stay strong, so I could help carry her burden.  There were days I wanted to end my own life, as the pain was unbearable.  The image in my head of my girl being brutalized, haunts me.  Each day, for months, I've cried and I've prayed.  My pain is so deep, I wonder if I might never recover. "


"Today, I still cry, and I still pray.  The court process has been the most difficult experience in all my years.  On April 19, 2016, justice was served.  I am incredibly grateful for our justice system.  I find peace in knowing the monster who terrorized  and raped my girl, will be put away, so that he can't ever hurt another mother's child.  Your Honor, I am asking the court to sentence rapist Kailan Meserve, to the fullest extent of the law."


Jane Doe # 2's father said, "I wish California was a capital crime state."

"This person does not deserve to live. Kailan Meserve you are going to rot in hell."

""My daughter was raped, not once, but twice by Kailan Meserve."

"She does not want to date or be around men."

Jane Doe #2 described how her life has been since this rape.

Jane Doe #2's cousin also spoke. He referred to statements made in support of Kailan Meserve in court, using addiction and intoxication regarding his behavior.


"I have been intoxicated and been around women, not once have I been able not to hear please stop; not once was I unable to fewel lack of consent from my partner."

He also disputed a fact made by Jim Groeling that in a phone call Jane Doe #2 was fine with a lenient term. He said he has been in the room many times when his wife spoke with Jane Doe #2, "not once did Jane Doe #2 express lenieincy."

"The choices Mr. Meserve made caused suffering on his family.My cousin did not have that choice."

Full update later...Update, most likely tomorrow. It has been full days in court and other news and I am exhausted.


Kailan Meserve will serve 23 years at 85% for the rape of Jane Doe 1 and 2


Kailan Meserve was sentenced today by Judge Timothy Cissna after almost two hours of statement and input from attorneys on his tenative decision which was his final decision.

Kailan Meserve was denied probation because he is "statutorily ineligible" said Judge Cissna.

For counts 2, 3, 4, 8, 9, 10, 11, 12, 13 and 16, Judge Cissna said they were violent offenses. Explaining rules of court and penal code for his decision, he said these would be "full term consecutive" adding that when Kailan Meserve left to go to his truck and came back to rape Jane Doe #2, it was a separate occasion and he had time to reflect on his decision.

For counts 2, 8 and 9 , the lower term was 3 years, mid term 6 years and upper term 8 years. Due to aggravating factors and the fact that Kailan Meserve was on probation at the time "he committed these offenses" he was given the mid term of 6 years.


For counts 14 and 15, Kailan Meserve will serve concurrent terms of three years for each offense.

Sentencing in these cases is complex so I will update more details later today, after checking with the District Attorney or if a press release is out sooner.

Judge Cissna explained in details his reasoning for decisions.


He will have to serve 85% of his total sentence, which is 23 years.

He will have to register as a sex offender and have medical and legal tests required by law. Fines including restitution to victims for out of pocket expenses and a $10,000 fine.

He cannot possess or own a firearm for life.


Kailan Meserve did not make any statement. Two family friends, his sister Amy Meserve, his father Dave Meserve and his wife Monica Meserve spoke.

The victims were too traumatized to appear in court today, said Deputy District Attorney Brie Bennett. A letter was read by Carey Call, Victim Witness Advocate on behalf of Jane Doe #2. Family members spoke.

I will have separate posts on those statements later, both on behalf of Kailan Meserve and the two victims in this case.

Very emotional, very painful.


Mad River Union and North Coast Journal were also in court, no other media. This is the first time other than a press release regarding the verdict that NCJ has covered this case in court or at all. Mad River Union, KIEM and TS were in court for the verdict. Other than that, this case has only been covered on this blog.


Apr 19, 2016


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.

Related previous post:

http://johnchiv.blogspot.com/2016/07/kailan-meserve-denied-new-trial-will-be.html

Humboldt County Cannabis Chamber of Commerce Opposes County Cannabis Tax Measure



On August 9th the Humboldt County Board of Supervisors is set to take the final step to bring a tax measure targeting cannabis cultivators to the ballot in November. This measure has been hotly debated and has undergone substantive changes at every meeting at which it was addressed. In its final form it imposes a flat tax based on canopy space, with a multiplier based on lighting type. As it’s written, this tax fails to address the stated goals of the Supervisors and endangers the long term health of an industry that comprises 60% of our local economy. Humboldt County’s Cannabis Chamber of Commerce opposes this measure.

Humboldt County’s goals for the cannabis industry have evolved in the last few years as farmers have come forward to engage the county to set a path for compliance. The entire state looks to us for wise, enlightened policy that addresses community concerns. We finally have the opportunity to address the environmental impacts, labor issues, and community divisions that have arisen during Prohibition as a result of our unregulated cannabis industry. The Supervisors have repeatedly voiced a desire to protect small and cottage farmers as they navigate these new laws. A wise tax policy could ensure Humboldt’s sustainability for the rest of the century. The measure being put forward not only fails to provide economic sustainability, but will actively decrease our resources to achieve it. This will set a terrible example to the rest of California’s counties as they consider their own tax policies. MMRSA clearly states that cannabis cultivation is an agricultural activity, and should be taxed as such.

This tax was created using polling data compiled from our population centers, not our agricultural areas. The economic data presented was geared toward indoor warehouses in the desert, and ignores the Board of Equalizations’ excise tax model under the Tax Guide for the Agricultural Industry based on actual volume of product produced and sold, rather than cultivation area, due to unforeseen yields, hardships and successes. While it was being considered, every meeting led to substantive changes with very little time for public input. As the process finalized, those who spoke were told by Supervisor Lovelace that they should have participated earlier. This is a slap in the face to Humboldt’s citizens, to have their public comments dismissed as too late during a process that was rushed to completion. Humboldt’s media outlets were not informed about the details of the rapid-fire changes to this tax, and at no point was there an attempt to reach out to the local organizations that have been driving compliance from the farmers’ side for input.

The timing of this measure impacts small farmers much more deeply than large, factory style farms. In the next 18 months, small and large farmers are burdened with the same fees, farm upgrades, and new operating expenses. Small cannabis farmers are currently less able to absorb these costs without the agricultural infrastructure afforded other small farms in Humboldt. One time costs can be amortized eventually and turned into (non-tax deductible) assets, but long term fixed costs based solely on canopy space leave our cottage farmers with limited options: scale up, sell out, or stay black market. This goes directly against the county’s goals for the future of Humboldt’s cannabis industry, goals lauded by the county, the farmers, and the public.

This measure does not fund social services as promised. Our supervisors listed many noble community programs that our cannabis farmers are eager to improve. In order to more easily pass the tax, though, those promises were not included in the law. Instead all excise tax collected through this program goes directly to the General Fund and can then be spent on any debt, previous voter mandated expense (like measure Z), or county agency. Many of the farmers who quietly supported the measure through its creation were surprised to discover these promises were never written into the measure. These were among the public comments dismissed by Supervisor Lovelace as too late in the process to be considered.

This measure does not curb non-compliant farms; it punishes compliant ones. This tax measure can only affect those farms who can afford to speed through their compliance applications in the next 6 months. Many cottage farmers are finding they will soon need expensive professional assistance in this process, and are having to work through it as farmers do: one harvest at a time. Adding a flat tax before they even have the opportunity to apply for a state license will decrease the rate of farms that can come into compliance and the rate at which they can do so. This slows the pace of addressing environmental impacts, and decreases the tax base that can pay into enforcing trespass, tribal, and public land operations. 

If the county’s goals were to stem the environmental impacts of non-compliant farms, create a sustainable funding source for community projects, and protect a decentralized, local craft agricultural industry then this tax measure misses the mark. Cannabis industry professionals are eager to help meet these goals, and are asking for a more well researched measure based on the Board of Equalizations’ excise tax model under the Tax Guide for the Agricultural Industry. A tax that is so inflexible that it can’t be increased outside of a ballot year to maintain or upgrade our county’s services and agricultural infrastructure does not meet these goals. For these reasons, we must stand in respectful opposition to the measure as it has been proposed.

Sincerely,

Humboldt County Cannabis Chamber Board of Directors

Marijuana, heroin, counterfeit bills and body armor recovered in Union Street incident

    






On July 27, 2016, at about 12:25 p.m., officers with the Eureka Police Department responded to a residence on the 1600 block of Union Street for the report of shots fired.  Multiple callers reported that a shot was fired and the suspect fled in a silver sedan.  

Upon arrival, it was determined that a shot was fired into the front porch after a verbal dispute and there were no injuries.  Officers set up a perimeter and called out the occupants from the house.  3 adults, 1 male and two females, and two children came out.  The male resident, Joshua Buchanan, 29 of Eureka, was found to be on searchable probation.

Officers and detectives conducted a search of the home and located three firearms, a small marijuana grow, a large amount of counterfeit bills, heroin, and body armor.  One of the three firearms, a loaded handgun, was confirmed stolen out of Arcata.  

Buchanan was arrested and booked into the Humboldt County Correctional Facility for, possession of stolen property, possession of a controlled substance, cultivating marijuana, possession of marijuana for sale, and possession of concentrated cannabis.


Based on the investigation, it appears the suspect who shot into the ground is a roommate of Buchanan.  The suspect's identity is being held pending a warrant or arrest.  This incident is being investigated as a negligent discharge of a firearm.  

"We have not come forward before now as we were assured by several parties that everything was taken care of. We no longer feel that way."



This is a letter  sent to Judge Timothy Cissna that was not read in court today for Kailan Meserve's sentencing but it is a part of the package of his sentencing report.

The letter writer sent it to me and has given me permission to print it. I have replaced the actual name in the letter with Jane Doe since she is still confidential. I have also removed the names of anyone else because only the letter writer gave me permission to use her name.

I have removed even the letter writer's name and some other identifying information as of 9:27 p.m. today at the request of Jane Doe.

Read the post below (if you have not already) and the comments. Kailan Meserve has expressed no remorse. Four people including his wife, will speak today. I have never seen anyone speak on the defendant's behalf in a sentencing, especially in such a case.

The letter:

17 July 2016


REFERENCE:   (Jane Doe)

Our names are (names not printed in this post).  We have known Jane Doe since she was in the third grade  She is a very close friend of both of our daughters and like a third daughter to us.  She spent days and weeks with us until she graduated from High School at both our (identifying information removed)

After she graduated high school and was attending university she visited us frequently in (identifying information removed).

We are uncertain what to say in this statement.   (names not printed in this post and some identifying information removed).  We are providing this information to you to help put into context our relationship with Jane Doe.  We are also friends of her parents, particularly her father (name not printed in this post).

We have not come forward before now as we were assured by several parties that everything was taken care of. We no longer feel that way.  Receiving a phone call from Jane Doe  at 3:30 a.m. 3 nights ago has changed that.  She phoned us and was hysterical - it took (name not printed in this post) 10 minutes to calm her down enough to be able to have a conversation with her......it was difficult to understand her between her sobs.  They spoke for 40 minutes.

She is broken - she is terrified - she feels dirty - she is unable to sleep - she is  embarrassed to see friends - she feels she is unable to visit Humboldt County , her home, for fear of running in to a member of the Merserve family.  She feels her life is over and that she will never be whole again.

We watched Jane Doe as she grew from a child into a lovely young lady  Full of laughter - excellent student - loving the children her mother was fostering and spending hours with them.  Befriending the underdog.  She studied hard and attended university and received her degree - she worked hard for that - she was amazing - she is amazing - only now she does not know that about herself.

She received a phone call from a friend and that friend put Kalin Meserves sister on the phone.  She told Jane Doe that they would rather give her money than give it to an attorney..  This is the sister of the man that sexually molested her - not once but twice.  We are shocked at having received this information.

We have also been told, not by Jane Doe, that a financial bribe was offered to them to send a letter of support for K.Meserve.

Jane Doe is in ruins - hopefully she will eventually be able to put behind her what this monster did to her.  Hopefully he will be put away far from Humboldt Country so that Jane Doe will feel comfortable going home to visit her family and friends.

Both (name not printed in the post) and  (name not printed in the post) are available by phone at (contact information removed)

Once again, Judge Cissna, we are not certain that this is the proper procedure for submission of this letter.  We felt compelled to write it  and hope that it will help you.

Sincerely,
(names not printed in this post)


THIS PART OF THE LETTER IS FOR MR. KALIN MESERVE

Mr. Meserve,

What you did to Jane Doe is shocking - the daughter of a friend of yours - a partner of yours.  You sexually molested her not once but twice.

We would like to know from you how you would feel if your wife or your daughters or your sister was sexually molested - raped -

How does your wife feel now?  How does your sister feel?  How will your daughters feel when they are old enough to understand what you did to destroy a beautiful young woman's life?  How do you sleep at night?

Our beautiful Jane Doe we consider a daughter - you have broken her and harmed her and practically destroyed her.  We, her family and friends, hope that she will someday be whole again.  We will all work with her on that - no way should your evil acts be allowed to take her down.

How do you live with yourself?


Previous post:

http://johnchiv.blogspot.com/2016/07/amy-meserve-threatens-me-in-front-of.html


Jul 27, 2016

John Walter Wilson arrested for Tri Counties Bank robbery

  


On Wednesday, July 27  2016  at about 3:23 p.m., Humboldt County Sheriff's Office deputies were dispatched to the Tri-Counties Bank at 1630 Central Ave. in Mckinleyville for a robbery just occurred.  Bank employee's reported a male subject wearing a black hooded sweatshirt/ black, full face mask entered the business.  The suspect, later identified as John Walter Wilson aged 58 of Fieldbrook , walked up to a teller, demanded cash and reached towards the rear of his waistband to indicate he possessed a firearm.  The suspect stated to several employees that he had a gun.

The teller provided the suspect with an undisclosed amount of cash, which he placed in a bag and fled the scene.  As he fled, a female citizen gave chase and was assaulted by Wilson.  She and several other citizens successfully detained Wilson until deputy arrival.  The citizen assaulted by Wilson received a non-life threatening injury.  Wilson was transported to Mad River Hospital, where he was treated and released for minor injuries sustained while being detained by the citizens.  


Wilson was transported to the HCCF to be booked on charges of Robbery, Assault with a Deadly Weapon, Criminal Threats, Assault/Battery and PC 185 Wearing a mask during the commission of a crime.



HCSO responds to armed bank robbery on Central, citizen sees about 10 Sheriff patrol cars

A reader called asking why there were 10 sheriff cars behind the Shell station in Mckinleyville.

Several media reports from scanner traffic including on Operation Safe Streets facebook page, OSS posted the following:

Updated Info - both suspect and citizen have been injured. Suspect is in custody. 3:26pm

Updated info: citizens have suspect detained and now Sheriff's do.

Humboldt County Sheriff's Department is responding to a bank robbery on Central in McKinleyville.  Tri County Bank.

Original post by Operation Safe Streets:

Sheriff's deputy on scene advises there are multiple good samaritan who were injured by the robbery suspect. 3:40pm

☆original post☆
Moments ago someone robbed Tri Counties Bank on Central in McKinleyville.  According to scanner traffic,  early reports indicate the suspect was chased and detained by several citizens by the Shell gas station.  Sheriff's deputies were on scene quickly and have the suspect in custody. Both the suspect and one good samaritan have been injured during the apprehension.  Extent of injuries are unknown.

More arrests anticipated in ongoing investigation of two unpermitted commercial grows in which 3,000 plants were eradicated




Lt. Wayne Hanson added that these grows were not permitted by the County of Humboldt.

Press Release:

On 07-26-2016 at 9:00 a.m. the Humboldt County Sheriff’s Office assisted by the Humboldt County Drug Task Force, Humboldt County District Attorney’s Office, California Department of Fish and Wildlife Services, Cal-Fire, Humboldt County Code Enforcement, California National Guard and the State Water Quality Board served a search warrant at the end of Crosby Road, Ferndale.

When Officers arrived on scene they detained (7) seven suspects. Officers located a large outdoor commercial marijuana growing operation on the property.  Two of the suspect(s) located on the property were armed with loaded handguns on their person in the marijuana garden.

Officers eradicated over 3,000 outdoor marijuana plants that ranged in size from 3’ to 7’ in height. Officers located evidence of unpermitted road grading on the property along with water diversion. Officers arrested two suspects on the property, who were armed. Those two suspect were identified as, Oscar Ricardo Cubero age 31 and Vidal Ysidro Cortez age 26 both from Texas. Both suspects were arrested for cultivation and possession for sales of marijuana and for being armed in the commission of a felony. The other (5) subjects located on the property were questioned and released without charges.

Officers while at the scene developed information for a roll over search at property located in the 1000 block of Felt Road, Miranda. Officers then obtained a Humboldt County Superior Court search warrant for the property at 4:00 p.m. When Officers served the search warrant they did not locate any subjects on the property.

Officers seized over 3,000 growing marijuana plants that ranged in size from 2” to 4’ in height. Officers seized over 350 pounds of processed marijuana and 350 individual one pound bags of processed marijuana. Officers located 9 firearms on the property.


Both of these cases are still under investigation and more arrests are anticipated.

Armed bank robbery suspect wearing a fedora sought by EPD




On July 27, 2016, at about 11:19 a.m., officers with the Eureka Police Department responded to a bank on the 2900 block of Central Avenue in Eureka for the report of an armed robbery that had just occurred.

The bank teller told officers that the suspect brandished a black handgun and demanded money.  The suspect then left the bank with an undisclosed amount of money.  It is unknown if the suspect left the area on foot or in a vehicle.  

The suspect is described as a white male adult, 25-30 years old, about 6’3”, medium build.  He was described as wearing a black hooded sweatshirt, dark glasses, black pants, light colored fedora style hat, and armed with a black handgun.

Anyone with information regarding this robbery is asked to call Detective Sergeant Patrick O’Neill at (707) 268-5261.

Man who claimed many armed subjects were forcibly entering his residence arrested instead for alleged charges of being under the influence and imagining home invaders




On 07-26-2016, at about 1:14 AM, Mendocino County Sheriff Deputies were dispatched to a residence located in the 4000 block of Albion Ridge 'J' Rd., Albion, regarding a report of many armed subjects forcibly entering the residence and possibly committing a robbery. The reporting party, Laura Doty, reported hearing several gunshots in another room of the residence and said that her husband, Douglas Higginbotham, had armed himself with a shotgun.

Upon arrival Deputies heard the report of gunfire coming from the residence as they approached. Deputies eventually made contact with the occupants of the residence including Douglas Higginbotham, who promptly dropped the shotgun when ordered to do so. Deputies established that no one was injured, no one had forced entry, or attempted to force entry, into the residence and that no one else was at the property or in the residence other than the occupants, (Higginbotham, Doty, and their grandchildren, ages 2 and 4 years).

The ensuing investigation revealed that Higginbotham and Doty were both under the influence of a controlled substance. Higginbotham imagined armed invaders in the home, told Doty to call 911, and began shooting through the interior walls and doors with the shotgun to repel the imagined invaders. Higginbotham and Doty brought the children into a room, where Higginbotham fired more shots toward the door and through the walls to other rooms of the house. No persons were injured by Higginbotham's random shots.

Deputies arrested Douglas Higginbotham for 273(a) PC [Child Endangerment], 246 PC [Discharge of Firearms in an Inhabited Dwelling], and 11550(e) H&S [Possession of a firearm while being Under the Influence of a Controlled Substance]. Higginbotham was lodged at the Mendocino County jail to be held in lieu of $100,000.00 bail.

Laura Doty was not arrested, but deputies have requested that the Mendocino County District Attorney file a charge of a violation of 11550(a) H&S [Recent use of Controlled Substance]. The grandchildren were taken into protective custody by Mendocino County Child Protective Services.

Defense intends to file 995 motion in Kirby Bay case regarding Count 3

Kirby Bay was arraigned on information for jury trial this afternoon.

The complaint filed by the DA has three counts. Count 1 stalking. Count 2 Criminal Threats. Count 3 Possession of a firearm by a felon with a prior; the firearm being a handgun. A special allegation for all three counts is prior conviction of a serious or violent felony or juvenile adjudication for negligent discharge of a firearm.

Bay's attorney, Mr. Marek Reavis said he intends to file a 995 motion because Bay was not held to answer on Count 3 at the preliminary hearing.

Jul 14, 2016


Kirby Bay held to answer on charges of stalking and threat of crime resulting in death

The preliminary hearing scheduled for Kirby Bay was continued from July 13 to today because the DA's office was still waiting on some reports.

This morning after an almost three hour preliminary hearing in which the alleged victim testified, Visiting Judge Robert Crone Jr. held Bay to answer on two felony counts.

Count 1 Stalking, Count 2 Threat to commit crime resulting in death. The DA can add Bay's record and additional charges of posession of a firearm for arraignment of information.

Defense request to reduce both charges to misdemeanors was denied. Arraignment on information on July 27 at 2 p.m.



Jun 30, 2016


Kirby Bay denied release on OR after victim tells Judge that "he has violated the restraining order 15 times" and allegedly threatened to kill her

Kirby Bay was denied release on OR this afternoon by Judge Joyce Hinrichs after hearing from the People and the victim in this case, Megan Smith, who was present and made a statement in court, according to Marcy's law.

Ex HSU football player Raul Siera's alleged rape case may resolve , arraignment put over a week

Raul Sierra was scheduled to be arraigned in Courtroom 5 this afternoon. There was no complaint filed in the computer.

Deputy District Attorney Brie Bennett said that  "we are close to a resolution" and asked that arraignment be postponed and defense agreed, asked for a week.

Arraignment is now scheduled for August 3 at 2 p.m.

Sierra waived time for his arraignment.

Preliminary hearing post:

http://johnchiv.blogspot.com/2016/07/i-am-laying-on-my-bed-and-he-is-on-top.html

Jul 13, 2016


Ex HSU football player Raul Sierra held to answer on forcible rape charge after preliminary hearing

Arraignment on information at 2 p.m. on July 27 in Courtroom 5.

Jul 10, 2016


Preliminary hearing for ex HSU football player Raul Sierra charged with forcible rape by use of drugs scheduled for tomorrow

The preliminary hearing for Raul Sierra was continued from June 23 to tomorrow, July 11. Sierra is the former HSU football player, charged with forcible rape by use of drugs.

The case is being prosecuted by Deputy District Attorney Stacey Eads. Sierra is being co=represented by private attorneys Manny Daskal and Beorn Zepp.

HSU Sgt. Janelle Jackson is one of the witnesses expected to testify.

The booking photo is old and Sierra is now clean shaven.

Previous post:

http://johnchiv.blogspot.com/2016/05/preliminary-hearing-for-suspended-hsu.html

Search warrants in Fortuna hit and run "indicates that further additional investigation indicates Marci Kitchen was the driver of the jeep at the time of the collision"

In search warrants for the Fortuna hit and run case, one search warrant which was used to obtain digital records related to a wireless phone number, indicate that a friend of Marci Kitchen's son, who is the brother of Kiya Kitchen, ( who is Marci Kitchen's daughter and one of the victims) told law enforcement that "he believes that Marci and (son's name not printed in post) have the same service."

"During interviews with  (son's name not printed in post), conducted by Officer Adams over the course of the last several days, (son) indicated that his mother (Marci Kitchen) has attempted to call him and dissaude him from talking with law enforcement.

The search warrant indicates that further additional investigation indicates Marci Kitchen was the driver of the jeep at the time of the collision which resulted in the death of Kiya Kitchen and Faith Tsarnas.













I have not posted the entire document or some photos which have identifying information and names of the friend and Marci Kitchen's son.