Mar 23, 2018

Gary Cudney arraigned on gross vehicular manslaughter and DUI charges

Gary Cudney, the suspect in Dirty Dave's death was arraigned this afternoon.

The verdict with two not guilty counts and a guilty verdict to a lesser charge in Count 1 is not a victory

Second degree murder is not premeditated murder. The prosecution stressed premeditated murder throughout their case.

Jon Goldberg found guilty of 2nd degree murder; not guilty Counts 2 and 3

Verdict in Jon Goldberg case: Second degree murder, special allegation true for first count. Counts 2 and 3 not guilty.

Verdict, hung jury or significant development in the Jon Goldberg trial?

Verdict or significant development in the Jon Goldberg trial?

The jury came in at 9:10 a.m. today, took one late mid morning break and then left around 11:50 for lunch.

No readback today, no notes. Things have been tense but they looked more relaxed when they went home yesterday.

I saw Deputy District Attorney Luke Bernthal and Deputy Public Defender Casey Russo head towards Courtroom 2 this morning.

Based on my observations and interactions of the jury before lunch (having covered several jury trials) and seeing members of Tim Smith's family back at the courthouse already, during the lunch hour, I am going to venture that after the lunch break, there is either a verdict, an annnouncement of a hung jury or some significant development in the case.

I was going to take lunch but now am going to wait outside Courtroom 2 to see if attorneys or other family members or victim witness representatives show up. And all the family members and friends of Tim Smith's are here now.

Desiree Henley pleads guilty to aiding and abetting in Blue Heron fire

Trial confirmation for arson suspect Desiree Henley was scheduled for March 22; continued to March 23. Case resolved.

Mar 22, 2018

Felony conviction for getting repeated DUIs within 10 years, Mendocino knows how to sentence drunk drivers

No probation, credit for time served, not a bad plea deal for Edward Winkle White

Edward Winkle White was sentenced March 22 to 180 days in jail but he was given 90 days credit for time served and 90 days good conduct credits. No supervised release; no probation. Fines totalling $630. White was served with a CLETS protective order.

Law enforcement looking for Zachary Harrison in Alderpoint

Active law enforcement presence in Alderpoint as deputies search for homicide suspect Zachary Harrison. A reverse-911 has been issued to residents in the Alderpoint area, asking residents to remain inside with doors secured.

Jury left for the day, attorneys met with Judge

At around 3:25 the jury buzzed again. Both attorneys arrived between 4:04 and 4:06 p.m. Jury left at 4:15. The attorneys met with Judge Graham Cribbs in a closed courtroom.

Jury is scheduled to return at 9 a.m.

Goldberg jury wants readback of Jon Goldberg and Timothy Roscoe testimony

Two jury requests at 2:15. One for readback of Jon Goldberg's trip to Tim Smith's residence; the other for Timothy Roscoe's testimony.

Jon Goldberg's presence was waived by Deputy Public Defender Casey Russo for these two notes.

"I have had six different attorneys!"

Former correctional deputy Cory Fisher is charged with alleged sexual abuse and inappropriate behavior involving six minor male victims.

995 motion to dismiss charges filed in court clerk John Beideman's case

A 995 motion to set aside charges filed in the John Beideman sexual abuse trial is set for April 4 at 8:30 in Courtroom 2. It was filed on March 21.

Defense expects resolution in assault case for Wesley Starritt

Assault suspect Wesley Starritt was arraigned on this morning. Same charges as the ones he was held to answer after the preliminary hearing.

Bail reduction scheduled for Chad Smith next week

Trial confirmation was scheduled today for Chad Smith. His jury trial is scheduled for April 2.  A pre trial and bail reduction hearing is scheduled for March 28.

Defense requests continuance for local jeweler Darin Goodale's court hearing

A pre-trial conference had been scheduled for local jeweler Darin Goodale on March 22. He is charged with reckless evading.

It was continued to May 15 at the defense's request.

Mar 21, 2018

Community forum on autism sponsored by FAAN and Humboldt County Library

Setting of Kimberly Felder's case continued to April 4

Kimberly Felder's hearing to receive doctor's report was continued from February 28 to March 14 to today.

It was also on for setting of preliminary hearing and confirmation of Counsel. Setting was continued to April 4.

Bail hearing scheduled for DUI and hit and run suspect James Merrick

Trial confirmation was scheduled for James Merrick this morning. Jury trial is still scheduled for April 9. A bail hearing is scheduled for March 26 at 8:30 in Courtroom 2.

The jury in the Jon Goldberg will consider Counts 1-3 and lesser charges to murder

The jury in the Jon Goldberg case will deliberate on the following charges:

Bernthal rebuttal long on conjecture, short on evidence

Deputy District Attorney Luke Bernthal in his rebuttal argument this afternoon provided the same ole, same ole.

As he has done throughout the case, Mr. Bernthal stated flat out opinions as facts. Opinions he provided no evidence for during the trial. Of course, he throws in one factual statement in between several mistatements.

If you are going to use your badge to abuse your power, then I will call you out

Bailiff Marcus Walker didn't say anything to Jessica Springer today or the Smith family throughout the jury trial but he called out Jon Goldberg's father in a very loud and unprofessional way this afternoon.

This is how an inexperienced HCSO court deputy who think the badge gives him the power to abuse authority acts. He applies rules inconsistently.

Jessica Springer laughs during defense closing and her talking with the family prompts jurors to glance back

Things are not quite as bad (as they were before my Jerry Springer post) but the crowding outside the coutroom to get in and the theatrics have started again in the last couple of days.

Recently, it is not everyone, just the same two or three people.

"It is an insult to actual victims of domestic violence to use her as a pawn to make my client convictable"

"Thank you for your patience," said Deputy Public Defender Casey Russo. "My client and I greatly appreciate it."

 He told the jury in the beginning that he understands the closing is lengthy but there were a lot of witnesses.

"In the courtroom, we sit in a sanitized environment. Everything is in hindsight."

Mar 20, 2018

Eureka NAACP sends letter to Arcata City Council requesting censure of Councilmember Winkler

Warrant recalled for ex HSU football player Raul Sierra

Raul Sierra had a warrant surrender scheduled yesterday afternoon. It was recalled. A hearing is scheduled for May 8 at the request of the District Attorney regarding the diversion agreement.

"You don't convict people on maybes or possibly"

Deputy Public Defender Casey Russo started his closing argument with placing his hand on Jon Goldberg's shoulder and thanking the jurors " on behalf of myself and Mr. Goldberg."

DA Maggie Fleming watched Deputy DA's initial closing argument, wonder what she thought?

In the shortest closing I have ever heard, all of 40 minutes, Deputy District Attorney Luke Bernthal gave the worst closing argument; and this is a homicide case.

Pre trial publicity, reasonable doubt, intent, credibility of witnesses all addressed in jury instructions in Jon Goldberg case

At 10:24 a.m. the court reopened  today for the Jon Goldberg case. Family members and supporters from both families as well as observers packed the courtroom.

Judge signs order stating David Gunderson has no firearms, jail commit date remains

There was a hearing yesterday forDavid Ervin Gunderson. It was only to sign an order stating he had no firearms.

Public Defender loses one, Conflict Counsel gain one attorney

Joe Judge recently started at the Public Defender's office but after this Friday, he will be moving over to Conflict Counsel.

"There have been a number of articles in media, lot of comments. Given how small this community is, that people not make inappropriate comments as to taint the jury pool."

A hearing on a motion for a gag order in the James Merrick case was scheduled for March 20.

As expected, a motion to continue filed for Cory Fisher's preliminary

As expected with the appointment of Mr. Marek Reavis as interim Public Defender, a motion for continuance has been filed by Conflict Counsel for the preliminary hearing scheduled on March 27 for former correctional deputy Cory Fisher.

Mar 19, 2018

Andrew Park arrested for burglary on Broadway

On 03/19/2018 at about 4:31 am, officers responded to a business, located at the 1400 block of Broadway, for the report of a burglary in progress.

Edward Winkle White's case goes from alleged sexual abuse to plea of assault and battery

Edward Winkle White was found not guilty of Count 5 on January 24. For counts 1-4, it was a hung jury.

The DA decided to retry the case for Counts 1-4. At trial assignment last Friday, White's jury trial was vacated.

Attempted murder charge dismissed against Lee Conoboy; he pleads guilty to assault

Lee Conoboy had a jury trial scheduled for today. At trial assignment  last Friday, Conoboy entered a guilty plea to an added Count 3, PC 245 (a) 4, assault by means likely to produce great bodily injury.

The People dismissed charges filed in the original complaint.

Victim on Broadway alleges he was stabbed but declines to press charges

On 03/18/2018 at approximately 7:54 p.m., officers responded to the 2400 block of Broadway for a report of a male subject who had been stabbed.

Hearing scheduled today for Hugo Aguirre vacated

Hugo Parral-Aguirre's hearing for today vacated. He is the Mecican citizen that was involved in the standoff with HCSO deputies in Ferndale.

Car accident on 7th and I

Due to illness of juror #7, closing arguments in Jon Goldberg trial continued for 24 hours

Judge Graham Cribbs was ready to give jury instructions  before attorneys presented closing arguments in the Jon Goldberg trial.

Gary Cudney charged with three felony charges including vehicular manslaughter in Dirty Dave's homicide case

Arraignment is scheduled on 3/23/18 at 1:30 p.m. in Courtroom 5 for Gary Cudney, the man who killed Dirty Dave.

Mar 18, 2018

A little blackjack, some corned beef and cabbage, all for a good cause this weekend

Because Coffee staff did the right thing but more than Old Town owners should be aware of an alleged scam

"A guy came into Because Coffee claiming he had made a to-go order a few days back and been given the wrong drinks and that a manager had said over the phone that we would refund the cash purchase. His story seemed pretty dubious for a number of reasons so I denied him, but it turns out he tried to pull the same scam at Oberon a couple weeks ago, and I've heard tell he tried it at the Henderson Center Old Town Coffee & Chocolates location."

The state’s (generally whiter, wealthier) residents use these tools to prevent new construction that might house (generally more diverse, poorer) newcomers."

Most of the points made in this article such as the white rich NIMBYs (aka mostly white rich liberals) and the California housing crisis are the truth.

Will the Humboldt County sanctuary ordinance be on the ballot for November?

I was by the Eureka North Coast Coop yesterday afternoon and saw Eric Kirk.

Eric was volunteering some time to register people to vote as well as gather signatures for  Centro del Pueblo's effort to get a Humboldt County Sanctuary ordinance on the November ballot.

Mar 16, 2018

Rio Dell City Council to discuss commercial cannabis regulations and elimination of background checks

2018/0320.12 -  Introduction/First Reading (by title only) of Ordinance No. 365-2018 
Amending the City’s Commercial Cannabis Regulations, Section 17.30.195 of the Rio Dell Municipal Code to Eliminate the City’s Requirement for Background Checks

Local transient Robert Fielden arrested for criminal threats in Mendocino

On 03.15.18, at about 11:00 AM, staff at Mendocino High School saw an adult male clad in a black raincoat and rain pants walking across the campus. This subject walked across the campus, while school was in session, loudly yelling death threats and obscenities.

Once again, bench warrant withdrawn for PG & E gate crasher Katherine Zacevich

Katherine Zacevich's bench warrant was withdrawn. Next court date is scheduled as a disposition and reset hearing on June 4.