Aug 18, 2018

Is Marci Kitchen pleading as charged because of a sentence reccomendation?


I had some observations about the change of plea and Marci Kitchen pleading as charged. I reached out to an experienced attorney, whose analysis in several cases has been very helpful and insightful.

"Defendants rarely, if ever, plead to the sheet. (Plead to the sheet is pleading as charged.) The reason? If you go to trial and get convicted of everything that is the equivalent of pleading to the sheet. There is no benefit to the Defendant, i.e. it is the worst case scenario for the Defendant."

"The only potential incentive for the Defendant in pleading to the sheet is you are getting a sentence recommendation either from the DA or more frequently from the Court. The DA could say enter a plea by pleading to the sheet but it is very rare that ever happens, because again pleading to the sheet, gives the Court maximum sentencing option. If the DA was mandating a plea to the sheet then the Defendant would want a guarantee of a sentence. That will come either from the DA or more likely the Court."

Seating arrangements for victims, families and law abiding citizens while Marci continues to get the Humboldt Superior Court kid glove treatment


If Marci Kitchen is in Humboldt, why wasn't she present Friday when her plea form was submitted to the Court? It may have been a last minute development but if the families knew the evening before, then there was enough time for Marci Kitchen to be present in court.

So now, there is another hearing Monday for her to enter change of plea. Will sentencing be scheduled Monday or will there be another hearing set for Humboldt Superior Court's favorite defendant?

Why are seats being assigned in this case for a change of plea? Limited seats because the case is assigned to the smallest, criminal courtroom.

Standing in the courtroom is suddenly an issue? This wasn't done in the Jason Warren case, the Gary Bullock case or the Juan Ferrer case. If any case warranted seating arrangements and a lecture on security issues, it should have been the Jon Goldberg case with all the daily drama in the courtroom audience from the victims' family and supporters. Standing in the courtroom is a security issue every day with the people acting out at the Courthouse.

The families, friends and supporters for Kiya Kitchen and Faith Tsarnas have been well behaved despite this case dragging on for so long and the tragic death of two young girls. There is a lot of interest in this case and Faith Tsarnas' family is traveling from Southern California.

The Humboldt Superior Court should show some sensitivity and have decency to move this case to a larger courtroom. The jury room is also an option. There will still be the need for seating arrangements but there will be more room.

Will Marci Kitchen even show up? The defendant seems to be getting treated leniently while the victims and the public have to follow more rules than Marci has since July 2016.

The defendant and her prior private attorneys and are responsible for dragging this case out for so long and the special treatment Marci Kitchen received.

The private attorneys created the situation that led taxpayers to foot Marci Kitchen's bills. They did nothing of consequence except making sure that Marci Kitchen got to travel and they made as much money as they could.

The defendant did not turn herself in for two months after Kiya Kitchen and Faith Tsarnas were found dead. She has shown no remorse for her actions. Despite all this, the victims, the families, the community members have been respectful. To insult the community by bringing up security when the case may resolve is disrespectful.

Conflict Counsel only took  this case over in March has done a better job of representing their client while respecting the court procedure and moving this case along. Judge  Kaleb Cockrum was only assigned tot this case at the end of April 2018. The Humboldt Superior Court Judges that handled this case before him set this lax tone with Marci Kitchen.

The only time Marci Kitchen did not get her way was when Visiting Judge Graham Cribbs denied her motion to travel on March 12.

Bettie Cook Scott's racial slurs speak louder than her apology

"A Michigan legislator has apologized for “disparaging remarks” that she said she made against an Asian American opponent for state Senate."

"The Detroit Metro Times reported that state Rep. Bettie Cook Scott used racial slurs, including “ching-chang” and “ching-chong,” when referring to her opponent, state Rep. Stephanie Chang, during a recent Democratic primary."

Norteno gang member Marcos Vasquez returns to state prison for 72 months


Despite his defense counsel's pleas for leniency, defendant Marcos Abel Vasquez, age 25, of Ukiah, today had his ticket punched -- again -- for a 72-month return trip to state prison.

Aug 17, 2018

"I looked him up on Facebook and found some really nasty videos one of which he was threatening to kill the the owner and all of the employees where I work."

I am familiar with Brad Houghton. He rants like this all the time. For a while, he was at St. Bernard's Church. Recently, he has been screaming and ranting all over Old Town, near the Courthouse. By his own admission to me, drugs have been an issue in his life. He is well known to many. He can be very scary. He can be crude.

Glad to see after several posts on Joshua Cooley, the public outrage, the next hearing will be public



Before the DA's press release today, there have been several posts on this blog about Joshua Cooley, his record  and about his placement. Thank you Nic Rig for your tireless effort and information in the comment section since my initial post.
Working on those posts was not easy since there was no public record or minutes accessible regarding this placement. Glad to see that the August 23 hearing will be public.

Change of plea scheduled for Marci Kitchen on Monday


A review hearing for the jury questionnaire was scheduled in the Marci Kitchen trial this afternoon at 3 p.m. Instead a white plea form was submitted by defense. Marci Kitchen was not present today therefore the change of plea scheduled for this Monday, August 20 at 3:30 p.m.

Both families declined comment on specifics of the plea until Monday. I did not publish the specifics of the plea yesterday. Marci Kitchen will plead to all charges.

Yesterday's post with charges in this case and CA law regarding penalties for those charges is linked below.

Preliminary hearing for Ralph Horn charged with three counts of sexual battery by restraint rescheduled


Intervention was scheduled for Ralph Horn on August 15. Preliminary hearing was set for August 20. Both hearings continued.
Intervention is September 6. Preliminary hearing scheduled for September 12.

Aug 16, 2018

This is what Marci Kitchen is charged with and information on penalties



Count 1 is vehicular manslaughter without gross negligence while being intoxicated (Jane Doe 1) ; Count 1 has two special allegations: fleeing the crime scene and multiple victims.

Count 2 is vehicular manslaughter without gross negligence while being intoxicated
(Jane Doe 2)

Count 3 is DUI; Alcohol while causing injury with two special allegations: great bodily injury resulting in brain injury and paralysis and multiple victims.

Count 4 is Hit and Run with Injury/Death.

If you thought a plea in the Marci Kitchen would not happen, think again



Marci Kitchen is the one case that Humboldt is most interested in and the community deserves to know if there is a major change so they can chose to be there.

Tomorrow is supposed to be a review hearing for Marci Kitchen. Will it be just that or is Marci going to enter a plea tomorrow or next week or soon?

CSET arrests two for meth,1 for Eureka Municipal Code violation near foot of C street

All three arrested, released on OR.


Ray Christie held to answer on three felony counts of animal cruelty



After his preliminary hearing, Ray Christie was held to answer on the remaining three felony counts of cruelty to an animal. Arraignment on information is on August 30.

Alleged molestor Chad Smith's jury trial set on the same day as alleged molestor and court clerk John Beideman's trial, for now


Trial setting was scheduled at a special set time of 1:30 this afternoon for alleged molestor Chad Smith. For now, Smith's trial is set for November 5, the same day as alleged molestor John Beideman.

The two and half day preliminary hearing for Ray Christie is almost over



Preliminary hearing for Ray Christie is almost over. Evidence is in, attorneys made their arguments. Ruling expected when attorneys return at 3 p.m. today.

Defense rejects DA offer for 39 years for Seng Yang who is charged with forcible rape of his own daughter and several other charges


Trial confirmation was scheduled on August 15 for alleged molestor Seng Yang. Trial confirmation was continued to August 16.
Jury trial is scheduled for August 27 confirmed.

The District Attorney's office made an offer of 39 years. Defense rejected that offer.

Defense motion to dismiss Counts 1 and 2 in alleged molestor Chad Smith's case denied


Trial setting is scheduled for a special set at 1:30 this afternoon for alleged molester Chad Smith. Alleged victim is his stepdaughter.

Judge Dale Reinholtsen issued his written ruling yesterday.  He denief the defense motion to dismiss Count 1 and 2.

Lorna Leen gets Neal Sanders as her attorney



Determination of conflict and Confirmation of Counsel was scheduled for Lorna Leen on August 16. Intervention is scheduled for August 21. Preliminary hearing for August 23.

Remember when Marci Kitchen was in hiding in 2016?


Remember when law enforcement was looking for Marci Kitchen and no one knew where she was from July 2016 until she finally turned herself (with her attorney) in September 2016.

She was hiding in a house boat and seen leaving that houseboat with a younger man and an older man.



CHP MAIT team arrests suspect for collision that killed Jaime Manuel and CHP Officer Kirk Griess


(Booking Photo issued by the Solano County Sheriff’s Department)

On August 15, 2018, at 3:22 PM members of the California Highway Patrol’s Multidisciplinary Accident Investigation Team (MAIT) and Investigative Services Unit (ISU) arrested Mr. Sean Matthew Walker, age 36, of Rocklin, California, following the collision that killed Jaime Bueza Manuel and CHP Officer Kirk Griess

Nicholas Savieo taken into custody by Clear Lake CHP


Nicholas Savieo was taken into custody  without  further incident in  Lake  County  by  Clear Lake  CHP on August 15, 2018.  Savieo was in possession  of the  stolen Nissan Pathfinder. 

No bail for high risk risk sex offender arrested for parole violation



On 08/15/2018 around 12:51 PM Detectives from the Mendocino County Sheriff's Office responded to a residence in the 24100 Block of Birch Place in Willits California to conduct a parole search on a man who has been deemed a high risk sex offender.

Will Timothy Flemming be arraigned for his third 2018 case or is another resolution in the works?

Timothy Flemming is scheduled to be arraigned this morning on the same charges he was held to answer at the preliminary hearing in his most recent 2018 case.

Patrick Delaney is the only inmate arrested by Fortuna PD and refused by medical yesterday

"Suspect arrested after leading officers on a pursuit.  Suspect yielded after spike strips were deployed on Main St."-- Fortuna Police Department


Aug 15, 2018

It’s great reporting. Whether you report what I like or don’t like, it’s the news. That’s your job. Report the news.”



Great read about what reporting is, what is freedom of the press, including courts, high profile cases.

Autopsies being scheduled for two bodies found last night on Briceland Road



On August 14, 2018, at about 9:10 p.m., Humboldt County Sheriff’s deputies were dispatched to assist the California Highway Patrol and Cal Fire with a vehicle fire on Briceland Rd. near the Ettersburg Junction.

Man comes into Wells Fargo Bank telling customers and employees he wants to drag them outside and bash their heads on the sidewalk




Another druggie or crazy for Eureka Police Department to deal with; this one has two cases in the Humboldt Superior Court system.

On Saturday at 3:45 p.m., a man entered the Wells Fargo branch in Eureka. He was screaming and yelling at customers demanding money and yelling at customers and employees that he wanted to drag them outside and bash their heads into the sidewalk. He walked up to one 71 year old customer, got right up in his face and told the customer, "there are thieves in here." The older man told him to "Fuck off."

Candis Hostler arrested by Humboldt County Drug Task Force

On August 11, 2018, at approximately 12:15 a.m., Special Agents with the Humboldt County Drug Task Force conducted a traffic stop on a vehicle at Hwy. 299 and North Bank Road, McKinleyville. The driver of the vehicle was identified as Hoopa resident, Candis Nadine Hostler (aka Candis Surber). Agents previously received information that Hostler is one of the main heroin suppliers to the Hoopa Valley.

Family law cases for Chris Sterling-Craft and Lorna Jean Craft

Court records confirming the relationship between Lorna Leen aka Craft and Chris Craft aka Sterling Craft, both suspects charged with the murder of Brandon Brocius.

Call law enforcement if you see Nicholas Savieo or this Pathfinder



Yesterday wasn't the first time the Humboldt County District Attorney has dropped charges against Ray Christie



Yesterday wasn't the first time the Humboldt County District Attorney has dropped charges against Ray Christie.

Aug 14, 2018

Is there an eyewitness to the stabbing of Brandon Brocius?


Is it just word on the street or are the allegations true that Lorna Leen " held another kid down who was trying to stop the stabbing of Brandon Brocius and that this was supposedly over a stolen cell phone?"

Arraignment of juvenile charged in Oceanview hearing open to public, he may be tried as an adult

After Deputy District Attorney Stacey Eads, Ms. Christina Allbright, a CWS representative and probation representative met privately with Visiting  Judge Doris Shockley, immediate family members of the victim were let inside the courtroom. A few minutes after that, media and other members of the public were allowed into the courtroom.

Lorna Leen cried in the courtroom during her arraignment


Lorna Leen's bail remains set at 1 million. District Attorney Maggie Fleming was present in court today for Leen's arraignment. The Public Defender's office was appointed for Leen. Leen was crying since she was brought into the courtroom.

"I don't know", no follow up, no testing for slough contamination, cross examination of CHP Warden Wells by defense provides a different perspective



Mr. Jon Cogorno started his cross examination of CHP Warden Matthew Wells right after Deputy District Attorney Adrian Kamada had questioned Warden Wells about a telephone conversation between him and Ray Christie.

"During that conversation, Mr. Christie told you he would remove the carcasses?"

Some carcasses were so decomposed that there were just bones; some carcasses had tissue attached."



On March 30, 2017, CHP Warden Wells investigated littering in state water on a parcel of property "off Myrtle Avenue in Eureka."

Lorna Leen charged with murder, arraignment this afternoon


Lorna Leen will be arraigned this afternoon on one count of murder in Courtroom 5.

James Pawlyk's Marsden motion denied, preliminary hearing continued


Preliminary hearing for James Pawlyk had been continued to August 14. It was continued to August 28, after Pawlyk's Marsden motion was heard today and denied.

Right before Ray Christie's preliminary hearing, 4 felony counts against him dismissed by the People



Preliminary hearing for Ray Christie was scheduled for August 14. Christie is charged with 7 felony counts of cruelty to an animal and 28 misdemeanor counts of littering within 150 feet of state waters in one case; 13 misdemeanors of littering within 150 feet of state waters in a second case.

Clayton Lasinski smiles waves at people in audience and flashes them a peace sign


Trial setting and status of reports from Dr. Chamberlain and Dr. Roof were scheduled for Clayton Lasinski on August 14.

Six year old orders $350 toys from Amazon, her family finds out once they were delivered


"For her birthday, Caitlin was allowed to order a Barbie doll using her mother’s Amazon account. Under supervision, she did just that. However, later, she asked her mom if she could return to the website to track her package. This is when Caitlin presumably discovered the joys of the “add to cart” button and “one-day delivery” option."

Aug 13, 2018

"We are not going back on record, dates remain as set."



Intervention was scheduled for Marci Kitchen at 4 p.m. today.

A review hearing and questionnaire conference is scheduled for 3 p.m. on August 17. A motion hearing for change of venue is scheduled for 8:30 a.m. on August 27. Jury trial is scheduled for September 4.

Signatures for Hailey Lamb, Leslie Castaleno, Joe Bonino and Kim Bergel verified

All Eureka City Council candidates whose signatures were pending August 10 have been verified.

Those candidates were Leslie Castaleno, Hailey Lamb for Ward  and Joe Bonino and Kim Bergel for Ward 5.

Ocean View Cemetery victim identified as Brandon Brocious

The  Humboldt  County  Coroner ’ s  Office has  identified  the  victim  of  the  homicide  at  Ocean View Cemetery  on  August  9,  2018,  as  16year old  Brandon Brocious  of  Eureka.

All  inquiries regarding  this  case  should be  directed to  the  Eureka  Police Department.

Joe Olivo III adds charges of possession of a deadly weapon while he is in custody awaiting trial for the Jesus Garcia homicide case



Joe Olivo III is one of three co-defendants charged in the Jesus Garcia homicide.

From HCSO Press Release : On August 11, 2018, a correctional deputy working in the Humboldt County Correctional Facility received information that an inmate was possibly in possession of a weapon in their cell and had made threats to use the weapon on staff. 

The new gated look in Eureka thanks to Jerry Brown and the voters who helped pass Prop 47 and 57


No surprise, alleged molestor Mario Alexander's jury trial continued, yet again



Alleged molestor Mario Alexander's trial was continued once again. Trial setting is August 27.

Alleged molestor Michael Franco's preliminary hearing set for September 11


Setting of preliminary hearing for alleged molestor Michael Franco was scheduled this morning. Preliminary hearing is scheduled for September 11. Time estimate is 4 hours.

Attempted murder suspect and sex registrant captured in Fresno


Gerald Richard Orth wanted on charges of attempted murder of his estranged wife by using an explosive device was captured in Fresno.

Orth is a sex registrant and has a felony history and may be in possession of a firearm.

Previous post:
https://johnchiv.blogspot.com/2018/08/call-law-enforcement-if-you-see-this.html?m=1

Aug 11, 2018

Ward One Candidate Anthony Mantova endorses Marian Brady for Humboldt Bay Harbor Commissioner

"I believe Marian Brady will add a lot of value to the Humboldt Bay Harbor Commission! Brady is the only member of our city council that cares about our ports.  She has a strong record on supporting sea-faring commerce.  More to the point: she understands that our ports can be so much busier and ought to be a foundation of Humboldt's economy."

81 year old American citizen arrested at Tecate border after 92 pounds of heroin was seized from her car


U.S. Customs and Border Protection officers at the Tecate port of entry Wednesday seized 92 pounds of heroin, valued at more than $870,000, from an elderly woman.

Clark Street fire originated in laundry room, loss $120,000



On 08/11/18, at 2:41 P.M. units from Humboldt Bay Fire were dispatched to a reported structure fire at a residence on the 0 block of West Clark Street.

All you need is some locally produced wine and delicious snacks and good company



Aug 10, 2018