Aug 18, 2018
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.
"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."
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.
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
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.
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?
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.
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.
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.
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.
(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 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.
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.
"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.
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."
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.
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.
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 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?"
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'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?"
On March 30, 2017, CHP Warden Wells investigated littering in state water on a parcel of property "off Myrtle Avenue in Eureka."
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
Trial setting and status of reports from Dr. Chamberlain and Dr. Roof were scheduled for Clayton Lasinski on August 14.
Aug 13, 2018
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.
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.
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.
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.
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.
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.
Aug 12, 2018
Aug 11, 2018
"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.
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.
Aug 10, 2018
"I would like to see Eureka branded as a vibrant seaport town full of art and culture; a business-friendly city, with skilled-trade jobs, increased waterfront development and a booming aquaculture industry. "
Michelle Costantine (Candidate for Eureka Mayor):
(She paid for the statement to be printed in Spanish as well.)
I’m running for Mayor of Eureka because my vision is to see our city become the vibrant, safe, clean, and family-oriented city that I know it can be.