Convicted sex offender Michael Franco's jury trial for alleged molestation confirmed

Trial confirmation for alleged molestor Michael Franco was scheduled this morning.

Jury trial for May 28 was confirmed. Franco has a prior conviction out of Los Angeles County for a sex offense involving minor.

Murder suspect Ronald Loureiro's jury trial to be rescheduled

Trial confirmation was continued to April 15 for murder suspect Ronald Loureiro. It was continued to April 30. Victim Vernon Weatherford.

Jury trial scheduled for May 13 was vacated. Setting scheduled for June 5.

Murder suspect Richard Dean's jury trial is rescheduled for September

At setting for murder suspect Richard Dean yroal confirmation was scheduled for September 4; jury trial September 16.

This hearing has been continued several times, I have written about those hearings and so the only update is dates.

"We got 700 sex acts alleged; no physical evidence."

"Ladies & gentleman of the jury, how did we get here? How did we get here as a country? As a law abiding nation where a teenager can come into court, make things up, admit to making things up, bring in her friend to talk about repressed memories and the prosecution presents 16 counts as proof beyond a reasonable doubt?

"You all made a commitment in jury selection to listen to all the evidence. I am going to ask you to take all the information; consider all the evidence."

"Just like the movie she watched, 'stepdad takes her' "

After jury instructions, Deputy District Attorney Stacey Eads presented her closing argument in Chad Smith's case.

Using some of the same photos and a timeline,Ms. Eads used parts of the testimony and evidence that supported the prosecution case.

Ms. Eads focused on Jane Doe #1 which makes sense because 11 counts of alleged sexual abuse pertain to her. It is also Jane Doe #1's credibility that is essential to whether the prosecution or defense will prevail.

Only 1 count of sexual abuse pertains to Jane Doe #2. The remaining four counts are alleged violations of the restraining order. Chad Smith is not disputing the restraining order counts.
A decision on the restraining order counts will be a no brainer for the jury.

The use of photos of Jane Doe #1 and #2 was very effective. It showed how young the girls were when the alleged sexual abuse started compared to how they look now in court. What was also effective was pointing to Amy Smith in the audience. However, all of this appeals to emotions.

The use of interspersing the porn searches with the timeline was the most effective part of Ms. Eads closing argument. So was the statement, "Just like the movie she watched, 'stepdad takes her'."

"You are so tight kitten" is something Jane Doe #1 said Chad Smith told her. Combined with the porn and the email in which Chad Smith asks Jane Doe #1 when she last "pleasured herself" is damning.

 It was interesting that Ms. Eads referred to a video and audio recording (that the defense played) of Amy Smith and Jane Doe #1 on the playground.

What may or may not work is not addressing the inconsistencies by Jane Doe #1 except once to say that Jane Doe #1 added details and disclosures because she had the same counselor for 2.5 years.

As far as evidence, if you have followed my coverage of this case, the prosecution presentation was selective. There is also information in Ms. Eads closing that the defense can use to bolster their claims.

The photos of Jane Doe #1 and Chad Smith as well as a family photo all reveal a happy child, a happy family. Just because they were accompanied with captions of what Jane Doe #1 said during jury trial such as, " I think I was an angry child because I was being raped" doesn't prove the prosecution case.

Jane Doe #1 going from denial to disclosure about the sexual abuse coinciding with when she started seeing a counselor and what can be interpreted as pressure from others, may work for the prosecution or the defense. Again, it will depend on whether the jury believes Jane Doe #1. The prosecutions own timeline showed how Jane Doe #1 struggled with her feelings about Chad Smith. During jury trial, Jane Doe #1 said no one influenced her.

Amy Smith and Chad Smith's marital problems do not equal molestation.

No courtroom availability, Jeff Tsarnas' preliminary hearing continued to July 17

Intervention for Jeffrey Tsarnas was continued to April 29. Preliminary hearing for his alleged hit and run case is scheduled for April 30. Due to no courtroom availability, the preliminary hearing was continued to April 17. Time estimate is three hours.

Cory Fisher allegedly telling inmates how to stab a CO and "let them bleed out"

Cory Fisher sentencing was scheduled for April 30. On April 4, a jury found Fisher guilty of 9 counts. Eight of those counts were sexual abuse and inappropriate touching of his stepsons and son. Count 9 was battery with great bodily injury on John Doe #2.

Fisher was found not guilty of four counts relating to Humboldt County inmates.

Angela Fisher, John Doe #2 and John Doe #3 were in court. Before court, I was outside in the hallway, Angela Fisher was talking with victim witness and said that Cory Fisher has been creating some trouble in jail. Apparently Cory Fisher has been telling "inmates how to stab a CO and let them bleed out." No one else was around.

DA files motion to continue convicted human trafficker David Anderson's hearing

Convicted human trafficker David Anderson's cases are scheduled for intervention on May 22; preliminary hearing on May 29.

A motion to continue has been filed by the District Attorney. It is scheduled to be heard this morning.

Update: The motion was granted. Intervention is May 22. Preliminary hearing June 3.

Rental across from Cutten Elementary on fire

A rental (owned by Mike and Marci Piggs) directly across from Cutten Elementary School caught fire. The fire is under control now. Address 4159 Walnut. This is not the official reason from Humboldt Bay Fire but according to tenants, the fire started at the wood stove.

Humboldt Bay Fire Press Release (11:57 p.m): 

 On April 29th, 2019 at 9:41P.M., Humboldt Bay Fire responded to a report of a fire in a home on the 4100 Block of Walnut Drive.

I knew Cody Hale and HCSO's press release does a great job of capturing his spirit

Rest in peace Cody.

White male adult makes lewd gesture to 9 year old in Arcata and again to an adult female

On Sunday, April 28, 2019 at 12:58 PM, Arcata Police Department Officers responded to Healthsport, 300 Dr. Martin Luther King Jr. Parkway, on a report of an adult male attempting to reach for a juvenile female and then making a lewd gesture towards her.

DA Maggie Fleming files motion to have Judge John Feeney reconsider original ruling to release Cooley from the state hospital

District Attorney Maggie Fleming filed a motion today to have Judge John Feeney reconsider his original ruling to release sexually violent predator Joshua Cooley from the State Hospital.

She will be appearing for the People at the May 3 hearing which will be held in the Board of Supervisors Chambers.

I have written about the Court of Appeals and factors Judge Feeney needed to consider before ordering Cooley's release from the state hospital. That post is linked below.

Humboldt Republican headquarters vandalized again

(Photo credit: Dieter Jauernig)

Dieter Jauernig took this photo at 12:36 today.

The office was vandalized on April 26. According to Humboldt GOP Chair John Schutt, "Yes we were hit again. The last time was only three weeks ago. This time they took out two windows. The cost is adding up. This is the sixth time they have vandalized the office in two years."

March for Justice for unsolved murder of beloved Hoopa tribal member Angela McConnell

"The Carpenter Family has been dedicated to the cause of finding justice for Angela Lynne McConnell, who was suddenly & tragically taken from us seven months ago. We have been organizing our "Justice for Angela" peaceful protest march, which will be taking place this coming Saturday, May 4th 2019, in Redding, CA, to create more awareness & interest in Angela's case; & to hopefully compel anyone, in that area with any information in regards to the case, to come forward.

Jane Doe #1 found out about porn from friends, watched videos online and that gave her ideas to put in her letter

After replaying Jane Doe #1's first CAST interview and publishing two pieces of evidence to the jurors, Ms. Andrea Sullivan said "the defense rests its case."

Jane Doe #1 said she watched porn and that is what gave her the ideas of what to write in the letter Amy Smith found. She found out about porn through friends in Cutten. She searched for people having sex and found You Tube videos.

Gina Catherine Chamberlain sentenced to four years, 8 months for elder abuse

On April 26th, Humboldt County Judge Lawrence Killoran sentenced Gina Catherine Chamberlain (age 52) to four years and eight months in prison for felony elder abuse in violation of Penal Code Section 368(b)(1).

Defense request for 402 hearing in Chad Smith's case denied

Mother and aunt arrested for murder of 6 year old from Apple Valley

After 23 years at Roundtable Pizza, Christopher Rohrs took "the chance at the American dream" and opened his own business

After 23 years at Roundtable Pizza in management, Christopher Rohrs is no stranger to food business. Last June, Rohrs took over as the new owner of the cafe located on the third floor of the Humboldt County Courthouse. He went from regional manager to entrepreneur.

It has not even been a year and Rohrs has hired a second employee.

"The hymen does not need to be broken in original contact."

The second defense witness in the Chad Smith case was Ms. Nicole Yadon. She traveled to Humboldt from Murrieta, California. She was certified as an expert witness on a SART exam.

Ms. Yadon does expert consulting. She has a Master's degree in Science and Nursing, she is a nurse practioner, a sexual assault forensic examiner and a public health nurse.

'There's needles on the beach and poo all over the sand"

(Daily Mail)

Whether it is Venice Beach in LA or Clam Beach near Arcata, many will relate to what punk icon Johnny Rotten said about needles and poop and aggressive, entitled bums outside his home.

On the last day of Passover, San Diego deputies respond to shooting at the Chabad Temple in Poway

San Diego County Sheriff's deputies responded to a shooting at a synagogue  in Poway today. One person is dead. Three others are in stable condition. A suspect is in custody. The white male adult entered the Chabad Temple at 11:23 this morning.

The 19 year old suspect fled the scene and later surrendered to law enforcement on the freeway.

Suspect in Silicon Valley intentionally plowed into a crowd targeting people he thought were Muslim

Does the defense presenting a case in the Chad Smith trial even matter?

The second defense witness was Ms. Nicole Yadon. She was designated as an expert witness. I have a separate post on her testimony about the SART exam.

Will the real Jane Doe #1 stand up?

The defense played video of Jane Doe's  first CAST interview this morning. There were technical difficulties with the second part so the entire video will be shown to the jurors next week.

Jurors also heard audio of an interview done by Detective Amber Cossetti after Jane Doe #1's second CAST interview.

Jurors know that Jane Doe #1 denied the allegations in the first CAST interview. Jane Doe #1 denied that any sexual intercourse between her and Chad Smith in the interview with Det. Amber Cosetti.

Willits principal pleads guilty; as mandated reporter, he failed to report child abuse

A criminal jury trial set for this coming Monday involving a Willits high school principal was averted Thursday afternoon when a resolution offered by the DA was accepted by the defense in the Mendocino County Superior Court.

The case of perpetual continuance has dates rescheduled again

 Aaron Hooven allegedly fired shots from his vehicle, then had Eureka Police chase him through town until he was arrested in a parking lot. He posted bail and since then his preliminary hearing keeps getting continued by defense.

The decision on the motion to continue for Seng Yang had the same result today as it would have yesterday

Motion to continue Seng Yang's jury trial was continued at the last minute from yesterday to trial assignment today. Yang charges include forcible rape of his own daughter and forcing her to participate in porn.

Brandon Watson's setting for future dates continued to May 23

Setting for murder and assault suspect Brandon Watson was scheduled this morning.

Another setting date was scheduled for May 23 since additional defense discovery needs to be conducted.

Chad Smith's brother's testimony impeaches statements made by Amy Smith and Patricia Costanzo

Chad Smith's brother, Rick Smith, was the defense's first witness. He moved to Humboldt three years ago from Oregon.

When he first moved here, Rick Smith stayed with Chad and Amy Smith for a short period of time. Rick Smith slept on the couch.

Jane Doe #2's CAST interview reveals new information that supports defense theory

After playing Jane Doe #2's CAST interview for the jurors, Deputy District Attorney Stacey Eads said the "People rest" in Chad Smith's alleged molestation case.

Man with 23 cases ranted at people, accosted the DA, yelled at a Judge and finally was remanded into custody

It is a small town, the court staff, the bailiffs, the Judges are patient with frequent fliers but this guy kept pushing his luck this morning.

Andrew Nelson has 23 cases in the Humboldt Superior Court system. This morning, he had one 2019 case, one 2018 case and two cases from 2014 on the calendar.

So was this the commotion near Courtroom 5 yesterday afternoon?

Two correctional deputies and a court services bailiff saved an inmate’s life Wednesday afternoon.

Why was the decision to continue the Yang motion so last minute?

Motion to continue Seng Yang's jury trial scheduled for today but was put over to trial assignment, at the last minute after an email from Presiding Judge Hinrichs was sent to Judge Lawrence Killoran in court this morning.

This after everyone present waited around in court for a while including a Hmong court interpreter who came here from Sacramento.

Sexually violent predator Joshua Cooley's grandparents at courthouse today in support of another registered sex offender

They were in Courtroom 5 with a woman who briefly interacted with Ryan Landowski, a registered sex offender  who has two other co-defendants for his most recent arrest by Arcata Police Department in January 2019.

EPD conducting extra traffic patrols this morning

Eureka Police Officer A. Jansen was conducting a traffic stop a few minutes ago. This is a part of extra patrols this morning. So if you see EPD vehicles on 6th or I  or other areas  in the vicinity, you know why.

Chad Smith pornography urls also included gay, lesbian, bi and ladyboy searches

Former DA investigator and forensics expert Martin Perrone agreed with Chad Smith's attorney, Ms. Andrea Sullivan, that the people's collection and presentation of pornography URLS viewed by Smith was selective.

Three hours testimony on Chad Smith's favorite porn site, sexually explicit urls and images of daddy daughter , doggie style and anal sex

This summary is not available. Please click here to view the post.

Will narcissistic sociopath charged with raping his own daughter and forcing her to participate in porn force a third lengthy consecutive sex abuse trial?

Motion to continue Seng Yang's trial was filed by the District Attorney. Ruling on that motion is scheduled for 4/25.

Trial assignment is scheduled for 4/26. Jury trial for 4/29.

Yang refuses to waive time. His case has been trailing the Cory Fisher case and now the Chad Smith case. Yang recently withdrew his time waiver and it was after Chad Smith.

Deputy District Attorney Stacey Eads is the specially assigned prosecutor for all three cases. Yang created this mess. He had a plea offer he refused, then he wasted time on Marsden motions and he refuses to listen to his attorney. All this has been covered in recent, detailed posts.

Incompetence or abuse of power? Read the petition filed by Travis Schneider against Brian Gerving and the City of Eureka

"A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. "

Travis Schneider requests a court order  to get Brian Gerving and the City of Eureka to fulfill their ministerial duties  and monetary compensation.

For more on writ of mandate, specifically California law, click on this link:
https://www.law.cornell.edu/wex/mandamus

USlegal.com: "Ministerial duty refers to the official duty of a public officer wherein the officer has no room for the exercise of discretion, and the performance being required by direct and positive command of the law. The powers and duties of public officers are, in general, classified as ministerial and discretionary."

The only source of sex acts between them is Jane Doe #1's words."

Yesterday, EPD Detective Amber Cosetti was questioned by Chad Smith's attorney,Ms. Andrea Sullivan,  for over an hour. She was questioned about several emails. A different perspective and questions were raised during cross examination.

Trial confirmation for Jorden Sterling continued by defense

Trial confirmation for robbery suspect Jorden Sterling scheduled for this morning was continued to May 1 at the request of Sterling's attorney, Mr. Russ Clanton. Jury trial is May 6.

Samantha Luna's jury trial scheduled for July 15

Trial setting for Samantha Luna's case was scheduled this morning. She stood silently in court. Her attorney, William Panzer, asked Judge Kaleb Cockrum when motions should be filed.

Trial confirmation is on June 24. Jury trial is July 15. Deputy District Attorney Jessica Acosta is the prosecutor for this case.

City of Arcata hosts training on gun violence restraining orders

On Thursday, April 25, 2019 from 9:00 AM to 12:00 PM at the D Street Neighborhood Center, 1301 D Street, the City of Arcata is hosting training for law enforcement, attorneys and court personnel on gun violence restraining orders. 

Daddy-daughter porn and Chad Smith's proclivity for redheads made Jane Doe #1 dye her hair

EPD Detective Amber Cosetti was the third witness to testify on April 23 in Chad Smith's jury trial. After Jane Doe #1 said she wrote her journal entry out of anger, the first investigation into sexual abuse allegations was suspended.

Laptops, electronics bedding collected when search warrant was served on Chad Smith's home

Eureka Police Department Senior Detective Ron Harpham assisted EPD Detective Amber Cosetti in the Chad Smith case.

If looks could kill; a few jurors express their disgust and anger about Chad Smith

Have certain jurors made up their mind about Chad Smith without hearing all the evidence?

A few jurors have glanced over at Chad Smith during the course of jury trial with reactions but there are at least three who feel very strongly about him.

Woman who dumped seven puppies in a trash bin in Coachella arrested

Officers with the Riverside County Department of Animal Services arrested 54-year-old Deborah Sue Culwell today.

She is the woman who was seen on video dumping a plastic bag filled with seven puppies in a trash bin in Coachell. Culwell had 38 dogs living in her home which was filthy.

Future dates for murder and homicide suspect Richard Dean to be set next week

Murder and homicide suspect Richard Dean jury trial for April 22 was already vacated after trial confirmation. Today, defense motion to continue was granted. Setting of the jury trial scheduled for 4/25 was rescheduled to 4/30.

EPD, City of Eureka Councilmembers and Supervisor Virginia Bass say no to Joshua Cooley

I interviewed EPD Chief Steve Watson on the same the day Judge JohnFeeney made the decision to place sexually violent predator Joshua Cooley in Eureka on "transient release."

https://johnchiv.blogspot.com/2019/04/eureka-police-chief-vehemently-opposed.html?m=1

Sotolongo's case for destroying jail property and murder now scheduled on the same date

Murder suspect Gearold Sotolongo recently got arraigned on another charge of destroying jail property.  The dates set on his recent case were vacated and a hearing on both cases is scheduled for the next hearing.

Setting for jury trial is scheduled for May 1.