Sep 30, 2016

Way cases are scheduled in Humboldt Superior Court to change again


I heard over a month ago, some changes were being proposed, again, in the way cases were going to be called and scheduled in Humboldt Superior Courtrooms.


Sep 29, 2016

"This is the United States, we don't do things in secret"; Visting Judges should come to Humboldt more often


If you are local media, you expect your media request to be denied.

Today, kudos to KIEM for still trying. They hit the jackpot with a Visiting Judge. I was too busy trying to call other media to let them know about the Goldberg arraignment and another last minute change, or I would have submitted mine.

I hope what Visiting Judge Leonard La Casse started today catches on.

He let KIEM in early to set up. No other inmates were in the box, he did the Goldberg arraignment first as to avoid "distraction." Goldberg was not present as first as his attorney was challenging the request.


Governor Brown signs Senator McGuire's bill on psychotropic medication for foster youth; release claims strongest protection in U.S.


Over the past two years, Senator Mike McGuire has chaired four oversight hearings, requested and received a scathing state audit, held countless meetings with foster youth, advocates and families, and today has passed legislation that will become the strongest law in America focused on protecting foster youth from medical professionals who are overprescribing psychotropic medication.

People do not oppose Kitchen motion to continue preliminary hearing; new date is December 5

This afternoon a hearing on the motion for continuance was scheduled to be heard in the Marci Kitchen case at 2 p.m.. There is also an intervention hearing scheduled in this case at 3 p.m.

Mr. Benjamin Okin said "200 pages of discovery"; more discovery anticipated and investigation needed done on people "outside the county". Preliminary estimated to take two full days. Will be held at 9:45 a.m. on December 5.

Deputy District Attorney Luke Bernthal subbed in for DDA Stacey Eads today, who is prosecuting the case. The People did not oppose the motion to continue.

A new intervention date of November 17 has been set.

Sep 28, 2016


Marci Kitchen's attorney files a motion for continuance for preliminary hearing; hopefully it will be heard in an open courtroom



Goldberg's passport ordered to be surrendered; bail remains set for now, Prelim on October 12

Thanks to a Visiting Judge, KIEM got a media request granted and was the only media to film the arraignment.

Times Standard and Mad River Union also in court.

Citing a "Large marijuana grow", approximately 1000 plants on Goldberg's property as well as  public safety concerns, safety of victim and defendant's wife, People wanted bail increased. The Visiting Judge did not change the bail today but said either side can file to reduce or increase bail.

Goldberg said he was unemployed when Visiting Judge Leonard La Casse questioned if he could afford a lawyer.

Intervention is on October 6. Preliminary hearing October 12 at 8:30 a.m.

Will Nicholas Leigl win his motion to dismiss today in the Jesus,Garcia homicide case?

The motion hearing for the 995 motion is scheduled for this afternoon.


Mr. Michael Acosta is representing Nicholas Leigl.


Motion to continue got continued to October 5 at 8:30 a.m.




Sep 19, 2016


Another 995 motion filed in the Jesus Garcia case; this time for Nicholas Leigl



Jon David Goldberg to be arraigned today; charged with murder of Tim Smith




Jon David Goldberg us scheduled to be arraigned this afternoon in Courtroom 5. In the complaint filed, he is charged in Count 1 with the murder of Timothy Thomas Smith.  Special allegation for Count 1 is "discharging a firearm, a handgun causing great bodily injury or death" to Smith.




Sep 28, 2016

Kudos to latest Deputy DA hired, Luke Bernthal, for his first win



Today, Humboldt County District Attorney Maggie Fleming announced that after a six-day jury trial before Judge Marilyn Miles, jurors convicted Tennessee resident Ervin Sweat, 26, of driving recklessly while evading a police officer, a felony violation of the California Vehicle Code.  


Marci Kitchen's attorney files a motion for continuance for preliminary hearing; hopefully it will be heard in an open courtroom




Tomorrow an intervention was already scheduled for Marci Kitchen.

Her attorney filed a motion to continue on 9/27. That hearing is scheduled for 2 p.m. tomorrow.

Judge Joyce Hinrichs mentioned at arraignment, intervention may not be on record. With the interest in this case, I hope that motion is heard in an open courtroom.

And not just included in intervention since there have already been delays in this case.

Naked pictures of Goldberg's wife discovered on Smith's phone by his wife




According to statement of probable cause, Tim Smith's wife told law enforcement that arrived at her residence, Jon Goldberg shot her husband. He said something like, "I thought you were my friend man."

The statement further states that Tim Smith's wife claims she found naked pictures of Goldberg's wife on Tim Smith's phone the night before and that she confronted her husband about the pictures and that she called Goldberg's wife to tell Jon Goldberg about them.

More photos of items  seized and statement of probable cause (below).

The only two eye witnesses identifying Goldberg at the residence driving away are Smith's wife and son. From the statement of probable cause summary, they did not see the actual shooting. Utility crew heard shots.


Ramey warrant on Goldberg turned in minutes ago, see document yourself











I have the search warrant too and will have that up in a few minutes.

So did the Fortuna PD lie to me yesterday about the Ramey warrant being turned in? And when do they plan on giving a report to the DA?




I have a good relationship with court staff, HCSO, jail staff and the DA's office. I will also commend the records clerk at Fortuna PD.

But Fortuna Police Department right now isn't winning the award for transparency.

Either someone misled Sgt. Charles Ellebrecht or Fortuna PD outright lied to me yesterday.

I spent almost two hours going back forth to various departments in the Courthouse yesterday morning. Everyone could not find a copy of the Ramey warrant. FPD was not reachable.


No report from FPD yet, if not arraigned in time, Jon David Goldberg could be released tomorrow




Jon David Goldberg, the suspect in the death of Tim Smith, has not been scheduled for arraignment yet nor have charges been filed, as of this morning.

The District Attorney's office has not received a report from Fortuna Police Department, yet.

If Goldberg is not arraigned within 48 hours of his arrest, he will be released from custody. He is on the must go list, to be released tomorrow. Goldberg was not arraigned today.

Still working on getting the Ramey warrant.

Yesterday, Fortuna Police Department's Sgt. Charles Ellebrecht said, "he did not foresee any additional press releases."






NJ bill asks cannabis to be treated like tobacco, make it legal, expunge records for weed related crimes

A New Jersey Assemblyman, who identifies as conservative, hasn't taken a pill, or smoked sponsored the following bill.

Excerpt:

Bold legislation introduced in New Jersey last week would not only treat cannabis like tobacco — legalizing it — but would expunge records for individuals previously convicted of certain marijuana-related ‘crimes.’
Should the bill, A4193, pass, convenience stores would be permitted to sell cannabis alongside cigarettes — available to anyone aged 19 and older.


Read the full article at the link:
http://thefreethoughtproject.com/state-law-marijuana-tobacco-expunge/


Sep 27, 2016

Shipping containers at 3rd and Commercial to move to Washington and Koster Street; $75,000 granted by Eureka City Council

Unanimous vote.

Kudos to North Coast News for breaking this news live and being the first.

"The Blue Angel Village has been a great asset to our city," Councilmember Kim Bergel said after the meeting. "I am personally aware of many people from the marsh who have been successful at turning their lives around in a very positive way.  I am so happy that the project will go forward for another year at the Koster Street location. Thank you to all of the public who came out to express their opinions and ideas. Together we are making positive change in our city."

Naked man EPD got a call about ends up being Phoenix Campbell Loya who was convicted last August; been arrested more than once for drunk in public since then

I gave up following the sentencing because it kept getting delayed. He was sentenced, then I saw his name pop up in booking reports; and now this today.







Aug 22, 2015


Sentencing for Phoenix Campbell-Loya delayed to get information on possible mental health issues

On 8/17, Phoenix Campbell-Loya was to be sentenced by Judge Miles. On June 29, Phoenix Campbell-Loya was found guilty by the jury of Count 1 assault and Count 2 carrying a concealed dirk and dagger. Count 1 is a felony. He was supposed to be sentenced on July 27; his attorney, Ms. Meagan O'Connell from the Public Defender's office asked for a continuance. She had not received the probation report and requested time to meet with him.

Body Combat Class, Zumba, Pokemon Go and a Historical Cemetery Tour at one place? In one Day?

Cooper Gulch Common Ground's October 1st event.

"We will bet getting the last of the feed back here," said Aaron Ostrom." Also, our engineers will be there with maps of the park to talk directly with the community members about what they would like to see happen to the park."


Jury trial set for Ewa Misztal on Nov 21; she gets teary eyed as she sees her family in court from Poland


This afternoon Ewa Misztal, the Polish citizen arrested in Arcata for the alleged death of her baby, was  arraigned on information for her jury trial. She entered a plea of not guilty, time was not waived, and the date for her jury trial is November 21.


Mr. Casey Russo who is representing her said he was going to request a date for discovery because he has not even received the autopsy report yet. He has also subpoenaed records "crucial to the case".


Misztal's family was in court, a man and a woman, likeltly her mother because Mr. Russo referred to her as Mrs. Misztal. She was sobbing in court and had a Polish interpreter with her. Miztal got teary eyed as she saw her family.

The alleged charge is the same that she was held to answer after the preliminary hearing: Count 1 Felony PC 273ab Assault on a child causing death.

Misztal is being represented by Public Defender Casey Russo. Bail is one million. 

If convicted, the sentence for this charge is 25 years to life.




Previous post (with preliminary hearing information and all coverage on this case):

http://johnchiv.blogspot.com/2016/09/it-is-difficult-to-comprehend-why.html


EPD shows up at CVS on Myrtle to respond to call of man refusing to leave, allegedly opening and drinking bottles of booze then get reports of naked male at B and Huntoon

From Operation Safe Streets:



Update - Officers have located and detained the subject at 2200 block of California.  Subject in custody.  Medical has been called for subject who admits to being on drugs. (Kids - don't do drugs!  Good Job EPD for getting this guy before school lunch time)

Residents in the area of 2200 block of A Street.   BOLO for naked male running wild. Definitely sounds like a drug induced activity.  Lock doors and call 911 if seen. Last seen near 2238 A Street.


Update : 11:3am Officers report subject still westbound.

Comment: Stay clear this call has characteristics of bath salts or other drug.  Last seen 2240 A St.  Lock your doors.


☆ Original Post ☆
Scanner News - at approximately 11:25am EPD to CVS on Myrtle.  The caller reported a male subject inside the store refusing to leave and opening and drinking bottles of alcohol.  Upon arrival, officers contacted the subject (who has numerous prior contacts for drunk in public and shoplifting).  At approximately 11:33am officers cleared (no arrest made) just in time to respond to a NAKED MALE RUNNING IN STREET at B street and Huntoon.

Fortuna Police Department out right now on Hwy 36 working on yesterday's investigation of Tim Smith's death







Fortuna Police Department is out right now on Hwy 36, where suspect Jon David Goldberg was arrested yesterday.

A copy of the Ramey warrant has not yet bern returned to the DA's office or Humboldt Superior Court. I have been working all morning to get that copy and will have it up as soon as possible.




Motive for why Jon Goldberg allegedly shot Tim Smith seems an affair

Victim, Tim Smith allegedly shot by Jon Goldberg because he believed Smith was having an affair with his (Goldberg's) wife.

Autopsy for Tim Smith scheduled later this week.




Sep 26, 2016

Jon David Goldberg arrested for alleged murder of Tim Smith

Fortuna Police Department Press Release:


On 9/26/2016 at about 7 PM The Humboldt County SWAT team assisted by officers from the Fortuna Police Department served a Ramey arrest warrant at a residence located at 32950 Highway 36. Officers located Jon David Goldberg, age 36, inside the residence and arrested Goldberg for murder in connection to the Fortuna Police Department murder investigation.
Goldberg will be booked into the Humboldt County Jail for 187 PC, Murder.
The Fortuna Police Department wants to thank the Humboldt County Sheriff’s Department, Humboldt County District Attorney’s Office and the California Highway Patrol for their assistance in this case.

Fortuna Press Release on Rohnerville confirms what my earlier post about suspect firing at point blank range

On 9/26/2016 at about 12:45 PM officers from the Fortuna Police Department responded to the 3100 block of Rohnerville Rd. for a report of a shooting victim.

Jeep Cherokee allegedly stolen in a Fortuna home invasion found engulfed in flames in Rio Dell

On 9/26/2016 at about 9:37 AM officers from the Fortuna Police Department responded to the 2800 block of Shields Lane for a report of a home invasion style robbery.
Officers contacted the homeowner, a 79 year-old male, who reported that three persons entered his residence through an open garage door. 

Rohnerville deceased was Tim Smith, past employee or Brideville Elementary and volunteer for fire department; alleged suspect's name Goldberg








New information only on this blog:

Just got this information. The alleged victim is Tim Smith, who was very active member of the Fortuna Fire Department. He was a past employee, a bus driver, for Bridgeville Elementary School and a past volunteer for Bridgeville Fire Department.

The Fortuna Fire Chief is holding a membership meeting this evening at 6 p.m.

The Red Ford Explorer belongs to Smith's wife. Since it is in the photo above, looks like she may have been home when this happened.

(In a media interview, Fortuna Police Chief Dobberstein confirmed some family members were home and maybe potential witnesses)

This is not officially confirmed but according to a tip, the suspect , whose last name may be Goldberg, broke the door down and shot Smith at point blank range.

(update: press release confirmed the point blank range)




(Photos above from Facebook):

Background information:

After an altercation on Rohnerville Road between a suspect and victim around 12:45ish this afternoon who knew each other; suspect has  curly hair and fled in a white Dodge Caravan. Victim deceased, allegedly due to gun shot wounds.

Bridgeville Elementary School was on lockdown.


Assemblyman Jim Wood seeks to improve Denti-Cal

This weekend, AB 2207, a bill by Assemblymember Jim Wood which makes improvements to Denti-Cal, the state’s dental Medicaid program, was signed by Governor Brown.
“The Denti-Cal system is broken – so broken that many dentists provide free care to patients rather than participate in the program,” says Wood. 

Here is the mugshot of the 18 year old arrested by EPD for allegedly running people down outside St. Vincent De Paul







Joshua Thomas Spaulding, 18 years old was arrested in Cutten after reports that he allegedly ran down folks outside the St. Vincent De Paul dining facility this Saturday. Then fled the scene

Booked at Humboldt County jail on Saturday for VC20001 (a).


Best election sign so far, Don't P on Eureka, check out the photo


Have you seen one of these yet?

"Our jail in Humboldt County is by far the largest mental health facility we have but it wasn't designed to deal with many of the issues surrounding individuals with mental illness"




Fourth District Supervisor Virginia Bass is one of ten people from California getting a special tour of jail facilities in San Antonio, Texas and Miami, Florida and seeing how they deal with mental health for people that are incarcerated.

Instead of attending a RCRC conference in Tahoe, Supervisor Bass thought this was a very important opportunity and chose to spend this week in Texas and Florida.

Supervisor Bass flew out early this morning from Humboldt County. She just left on a flight out of San Francisco and  shared some thoughts about her trip.

"I was offered an incredible opportunity to travel with a high level delegation of 10 individuals sponsored by the National Institute of Corrections and the Mental Health Services Oversight and Accountability Commission (MHSOAC) to visit jails that are considered model facilities for how they deal with the challenges of incarceration of folks who suffer from mental illness."

"Our jail in Humboldt County is by far the largest mental health facility we have but it wasn't designed to deal with many of the issues surrounding individuals with mental illness. I hear the same story from many other counties. This is a problem we don't deal with very well."

"The good news is, there are counties across the Country who are doing new and innovative things in this area."

Santa Barbara County Sheriff Bill Brown and I are the only 2 "local electeds" joining this group that includes Senator Hannah-Beth Jackson, Linda Penner, chair of the BSCC, Stephanie Welch, Executive officer of The Council on Mentally Ill Offenders (COMIO) with the CDCR, MHSOAC commissioners Richard Van Horn and Dr. Victor Carrion and Toby Ewing the Executive Director of the MHSOAC.


Sep 25, 2016

With the tweekers and druggies, can we atleast make $ off them as a location for the Walking Dead

If we are going to have all these tweekers and druggies suck up resources, especially law enforcement, can't we at least make money off them as a location for "The Walking Dead"?

Yeah, I have said it before; Yeah I know not all of Humboldt is like this but with the damage constantly around, it is hard to ignore.


Photo credit: variety.com

Come out tonight and support the most amazing 17 year old and local athlete beat cancer


Today from 4 to 7, there is a fundraiser for one of the most amazing 17 year olds I know and my most favorite athlete, Reve Tomlin.

Here is a link to the facebook event:

https://www.facebook.com/events/290347758001374/?ti=cl


Like a Phoenix rising from the ashes, Humboldt Honey Wine is open from business again, surviving a devastating fire in June

Like a phoenix rising from the ashes, Humboldt Honey Wine has risen.


Just a couple of months after their business burned down in Old Town, Humboldt Honey Wine is open for business and the public will get their first look at their opening on October Arts Alive from 6 to 9 p.m..




Front room area


Brewing room


Gift shop


Gift shop


Gift shop located next to the front room

I was the first to report about their new location in June. Their old business was destroyed by a fire on June 7, described as the largest fire in downtown in decades.


HSU students collecting data on HSU homelessness crisis



HSU Homeless Student Alliance Meeting,Friday, September 30, 2016 at 3 p.m.,
Humboldt State University, BSS Building Room 166. Open to Students, Staff, Faculty and advocacy groups interested,