Mar 25, 2019

$150,000 worth of damage to residence on 3400 block of Pine Street


On March 24th, 2019 at 7:02P.M. Humboldt Bay Fire responded to a fire in a home on the 3400 Block of Pine St with three fire engines, one fire truck, two chief officers, and one Public Information Officer.

Mar 24, 2019

Electrical malfunction cause of fire on 1400 block of B street



On March 24th, 2019 at 1:51P.M., Humboldt Bay Fire responded to a fire in the attic of a home on the 1400 Block of B St. with three fire engines, one fire truck, two chief officers, and one Public Information Officer.

Improperly disposed of linseed oil-covered rags preliminary cause of 18th street structure fire



On March 24th, 2019 at 12:04 P.M., Humboldt Bay Fire responded to a fire in the garage of a home on the 1900 block of 18th St with three fire engines, one fire truck, two chief officers, and one Public Information Officer.

Mar 22, 2019

Jane Doe, the eyewitness in Lorna Leen's case cusses me out and calls me wetback



The family of Brandon Brocious, friends and supporters have been at every hearing. His father Chip and Chips's girlfriend Colleen and another gentleman have been very grateful and kind. All attending are very respectful and well behaved inside and outside the courtroom. In fact,one of them came up to me after an encounter with Jane Doe today. She is someone I have never see before today.  Colleen thanked me for the information and help.

Jane Doe is the civilian witness who is expected to testify at Lorna Leen's preliminary hearing.

When will Chad Smith's jury trial start?



Chad Smith's jury trial is "trailing" the Cory Fisher trial. Smith is charged with molesting his former stepdaughter. Jury trial was scheduled to start March 25.

Trial assignment continued to March 29. Time estimate is 25 days.

DA has issue with yet another Judge in the Lorna Leen case


Preliminary hearing for murder suspect Lorna Leen was scheduled on March 22 at a special set of 1:30 p.m. in Courtroom 6 in front of Judge Gregory Elvine-Kreis. Yesterday, the District Attorney filed a motion to disqualify Judge Elvine-Kreis. This is under PC 170.1.

Judge Elvine-Kreis filed a response. That document is not visible to the public. If Judge Elvine-Kreis stated there is no conflict, then another Judge has to make a ruling. If he agrees with the People, then the preliminary has to be heard by another Judge.

Deputy District Attorney Roger Rees already made a motion to disqualify Judge Kelly Neel under PC 170. 6 on 3/20 and the preliminary hearing got continued, yet again. The 170.6 is granted if requested by either party.

I just checked with Court Operations Manager Kelly Nyberg. It will be called today at 1:30p.m. in Courtroom 6. Stay tuned whether it is a go for today or not?

I notified other media who are covering the preliminary and the family heard about this possibility via my blog post. Mr. Rees did not even inform the family that he was filing a disqualification. Every one sat around all afternoon for another continuance.

One of the family members/supporters who has come to every hearing said, it has been 225 days since Brocius passed.


1:30 p.m. update:  Judge Elvine-Kreis mentioned PC 170.3 that is when a Judge disqualifies or recuses himself/herself, they notify the Presiding Judge.

3:15 p.m. update : scheduling was discussed.
Mendocino County Judge Ann Moorman
 is going to issue a ruling whether Judge Elvine-Kreis should preside over the preliminary hearing. Parties to be back at 1:30 on Monday.

Mr. Rees is starting a jury trial on March 25. Deputy Public Defender Casey Russo has closing arguments for a trial on Tuesday morning.

To schedule this special set, court operations put in effort. Had Mr. Rees not disqualified Judge Neel, the hearing would have proceeded on 3/20.


People's evidence will take 3-4 hours. EPD Detective Ronald Harpham and Sgt. Shawn Sopoaga as well as civilian witness Jane Doe are expected to testify. Jane Doe will be represented by Conflict Counsel Supervising Attorney Meagan O'Connell. Defense wants to call three witnesses. Mr. Rees plans to file a motion to exclude the witnesses.

Previous post:
https://johnchiv.blogspot.com/2019/03/lorna-leens-preliminary-hearing-has.html?m=1#more




Second Marsden motion denied for David Anderson


A second Marsden motion hearing requested by alleged human trafficker David Anderson
was denied. Intervention is scheduled for April 17. Preliminary hearing is scheduled for April 22.

Deputy Conflict Counsel David Lee is retiring


Since it is now common knowledge, I can post that Deputy Conflict Counsel David Lee is retiring. 

Word is he that he will retire after the Cory Fisher jury trial and may go into private practice. That would certainly be a benefit to Humboldt County because he is an excellent lawyer.

Former Public Defender Owen Tipps who left that office to take another legal position with Humboldt Superior Court is going over to the Conflict Counsel's office.

Multiple recent arrests, fails to show up court, violates probation, take away this plea and send him to prison




Shirley Markis arrested by Arcata Police yesterday on a bench warrant and booked for resisting arrest. The warrant had been issued at the February 19 hearing.

Why is his recent plea still being offered? This man has no fear of breaking the law, he cannot even show up to court when he is offered a plea. He laughs in court because he knows there will be no consequences.