Feb 17, 2017

Rental inspection program proposed in Eureka will create more homeless; non profits and government haven't a clue how to fix problems

The Westside Community Building Initiative has good intentions but as every government rule, not one rule fits all.

Registration and a business license fee of $100 is being proposed for rental properties, according to a KIEM article.

So far tenants aren't thrilled because they know this fee will most likely be passed on by a rent increase.


Judge grants a limited gag order in the Maxx Robison case



The Public Defender wants a gag order in the Maxx Robison case. The DA's office feels differently.

The Judge granted a limited gag order.
Preliminary hearing records will be sealed as well.

The preliminary is still scheduled for February 21st at 9:45.

Read Deputy DA   Carolyn Schaffer's response to me below, which was in response to a post I did.

Brian Swan is a free man now, just days before his jury trial because the alleged victim is MIA

Today, at trial assignment, instead of confirmation for jury trial, Brian Swan got a dismissal.

Why?

I contacted DA Maggie Fleming, she responded, "In spite of significant efforts over a very long period of time the victim could not be located. We had to dismiss with the understanding we can refile if we locate the victim."


So HSU criminal justice dialogues is all for inmate art, even if the artists include convicted and suspected child molestors?

A concerned citizen and regular reader sent me this flyer. The person was recently made aware of this art show, "The outside looking in and the inside looking out",which will be on display at Health Sport in Arcata and Synapsis Art Gallery in Eureka on March 4.

It is presented by HSU Criminal Justice Dialogues.

Feb 16, 2017

Maybe it is time that the local press got together and got a lawyer against the Humboldt court rules



Media access in local courts is restricted more in Humboldt than other places in California.

There are these special Humboldt creations such as interventions, which are in closed courtrooms, in Humboldt.

Another example is when visiting judges try and question if a public defender should be appointed and ask about income, they get told by certain public defenders, "that is not how it is done here."

When you see the same person in for the nth time, a generation of repeat offenders in the system and rude first time able bodied defendants feeling entitled to a lawyer and an attitude, regularly, why should taxpayers pay for these bad choices?

We have public defenders, asking for gag orders like Halloween candy. A visiting judge asked if the media had a lawyer representing them at the Jon Goldberg arraignment.

Maybe we should get one. More local media is covering courts now and the local protocols need an overhaul.


Mea Culpa. It's not the DA but the Public Defender that wants the gag order, now that makes sense

A little confusion on who requested the gag order in the Robison case.


I got some of my information on that gag order in the Robison hearing post from a source in the courtroom, present for the hearing. Not blaming my source; I usually double check. Been recovering from major surgery so took a bit of short cut today but that is not an excuse.

Lesson learned.

Joshua Wentworth arested on tip by HCSO assisted by CHP and TRD

On Wednesday, February 15th, 2017, the Humboldt County Sheriff’s Office (HCSO) received a tip regarding the whereabouts of fugitive Joshua Wentworth. At approximately 1015 hours, Deputies from the HCSO Trinity River Division (TRD), assisted by Officers from the California Highway Patrol (CHP) followed up on the tip at a motel in the 39000 block of State Highway 96 in Willow Creek. 

My hunch paid off; Jon Goldberg's new case prelim continued due to People introducing a last minute witness and recording

My hunch about Jon Goldberg's 2017 case preliminary proved to be correct.

The preliminary was continued until March 8 at 9:45 a.m.

The DA's office brought forth a 15 minute recording in court today from a witness named Freida Smith.

With this new discovery, Goldberg's attorney asked for time to review it.

That request was granted.

Humboldt courts are already limited with media access; now the DA wants a gag order in McMullens motel shooting? What are the DA and EPD afraid of?




A hearing was held this morning for Maxx Robison. His preliminary hearing is scheduled for February 21.

Tomorrow at 2 p.m., in Courtroom 5, there will be a ruling on the proposed gag order.


Will my hunch about Jon Goldberg's preliminary hearing this morning be confirmed?

A preliminary hearing for a new case against Jon Goldberg was scheduled for February 16 in Courtroom 2.

As of lunchtime on February 15, Public Defender Casey Russo had not filed the demurrer he said he would in the new case.

I will not in court this morning for this preliminary because there is a good chance, defense will ask for more time or a continuance.

16 year old on meth takes hatchet to door, EPD finds him in basement of Arkley home





The Arkley home in Eureka was broken into by a 16 year old kid on meth last night. He took a hatchet to their door. EPD caught him in the basement.

Fortunately, no one was hurt.

The home is closely guarded and watched.

EPD was there within minutes.

This information and photos were just given to me directly from the Arkley family.

update: Juvenile suspect is 14.

(As clearly stated in several places on the home page all material on this blog is copyrighted. This especially applies to this post).

Feb 15, 2017

Deputy District Attorney Trent Timm's recent win reclaims him orginal title as "hotshot deputy da"

The title of the post is a remark made to me after I posted on this case:

http://johnchiv.blogspot.com/2015/08/dda-trent-timm-scores-another-win-this.html?m=1


Today, Humboldt County District Attorney Maggie Fleming announced that yesterday a jury found 46-year-old Sharon Patrice Erickson of McKinleyville guilty of felony transportation of heroin. 

While the Kitchen and Tsarnas family grieve, waiting for the preliminary, Marci Kitchen jet sets off to Mexico again



While Joe and Jevin Kitchen as well as other  Kitchen family friends and the Tsarnas family and friends grieve over their loss, waiting for the preliminary hearing  yet to be held for Marci Kitchen, which keeps getting continued by the defense, Marci Kitchen decided to take yet another recent trip to Mexico.

Clearly, she does not care that she was spotted the last time, word is that she did return.








Jail let man with $50,000 bail, an arrest warrant free on OR, minutes before he would have paid bail

Yesterday, at 4:45 p.m. a friend of Jacob Stefek, a man charged with four felony charges and an warrant was getting ready to pay a local bail company $5,000 towards a $50,000 bail

Instead, the jail let the guy go on OR.

Manila homicide suspects cases joined; motion for discovery granted

Win for People today in the Manila homicide case. All five suspects will be tried at  one preliminary hearing. Two day estimate.

Three defendants withdrew the motion for discovery since they received some right before case was called in court.


All charges were dismissed after preliminary hearing against Colt and Broc Tuel

Colt and Broc Tuel finally had their preliminary hearing last week.

All charges were dismissed after preliminary hearing.

Broc and Colt Tuel charged in Humboldt Hill shooting scheduled for preliminary hearing on February 6


Broc and Colt Tuel , who are charged in a Humboldt Hill shooting,  are out of custody, have yet to have a preliminary hearing.

Setting was scheduled for the morning in Courtroom 5, got rescheduled for the afternoon.

Intervention is on February 2 at 9:45 and preliminary hearing is on February 6 on 9:45.


http://johnchiv.blogspot.com/2016/07/another-disposition-and-reset-hearing.html?m=1

Feb 14, 2017

Federal disaster declared for CA counties due to 2016 storm makes this Humboldt's first federal disaster declaration since 2006



The following mail from Humboldt County Sheriff's Office of Emergency Services was sent to Humboldt County Supervisors, various City managers and appropriate Humboldt County staff at 6:50 p.m. this evening



Subject:        FW: Governor Brown Issues Statement on FEMA Approval of Oroville Spillway and January Storm Presidential Disaster Declaration Requests

Great news – a federal disaster has been declared for California counties impacted by storms January 3-12, including Humboldt. This is the first federal disaster declaration for Humboldt County since 2006. I will notify the OA list tomorrow, when FEMA releases the declaration, and send additional info as it is available. FEMA and Cal OES will schedule an Applicants Briefing for all jurisdictions and public entities with eligible damages and response expenses in Humboldt County, TBA.

James Merrick held to answer on all charges, case to proceed to jury trial

Judge John Feeney held Merrick to answer on all charges, after today's preliminary hearing. Arraignment on information for jury trial is February 28.

Deputy District Attorney Brie Bennett is prosecuting the case. Merrick tried to dismiss his attorney, Conflict Counsel. That Marsden motion was denied by the Judge.

James Merrick, is charged in the 2016 case with murder, two DUI counts and hit and run in the death of a teen pedestrian in Mckinleyville.

Merrick had plead guilty last April to a misdemeanor DUI. That 2015 case for probation revocation is also scheduled today, decision will be made after the jury trial for the 2016 case and the outcome.

Advance planning and full staffing allows DA Maggie Fleming to keep office running smoothly

Humboldt County District Attorney Maggie Fleming knew Deputy District Attorney David Christensen was leaving for another job, closer to his family in California.

She was interviewing potential candidates and today a press release announced the appointment of DDA Tobias Hasler.

While Mr. Hasler is handling a misdemeanor caseload, Mr. Christiansen's felony cases could be taken over by other attorneys, since DA Fleming has a full staff.

This is not what DA Fleming told me, it is just common sense and observation from being at the courthouse regularly.