Jan 31, 2020

Defense wants to "exclude irrelevant and unduly prejudicial evidence" in Thomas Harwood's jury trial



Redway Garden and Feed owner Thomas Harwood's jury trial for five misdemeanor's is scheduled for February 4. Also scheduled to be heard that day is a defense motion in limine to "exclude irrelevant and unduly prejudicial evidence."

Note from jury or verdict in the David Kobak case?



Jury in the David Kobak case deliberated today from 9 a.m. to noon. Then resumed deliberations at 1 p.m. At 1:10, there was a note from the jury.

Ryder Stapp pleads guilty, 11 years stipulated prison term, loses license



Preliminary hearing for vehicular manslaughter and DUI suspect Ryder Stapp was scheduled as a "special set" on January 31.

As I already reported on January 19 that the Stapps wanted a plea. Today, Stapp entered a  plea to two counts on a second amended complaint.

Jan 30, 2020

Carnell Garner in custody


EPD provided an update today to a previous JAFA press release. The EPD POP Team Detectives received information today of the whereabouts of Carnell Garner.  He was located this afternoon at a residence on the 1700 block of Myrtle Ave by POP and taken into custody on his outstanding warrants for domestic violence and felony vandalism.

Two arrested on Fairfield Street for trafficking heroin in Humboldt

(Luciano)

The defense expert failed to disclose five charts to the People in a timely manner



Before the jury was sworn in, Judge Gregory Elvine-Kreis told the jurors that both sides have a legal obligation to provide discovery in a timely manner.

"A human being lost his life and the law should be followed"



"The problem with the defense argument is that it's just not based on any evidence," said Deputy District Attorney Whitney Timm. "The actual evidence in this case is so strong that they are trying everything to see what sticks."

Using the evidence, specific examples, Ms. Timm delivered a strong rebuttal argument.

 "I want to start out talking about my client, David Kobak."




Deputy Public Defender Casey Russo also thanked the jurors. "I want to start out talking about my client, David Kobak."

"The entire time Mr. Kobak walks from the kitchen to the bedroom he has murder on his mind"


Deputy District Attorney Whitney Timm started out by thanking the jurors. She said their duty as jurors was to "decide what the facts are and apply the law."

EPD arrests three convicted sex offenders yesterday, one booked and released on OR


(Chapine)


(Stinson)

Jan 29, 2020

First degree, second degree murder, manslaughter or self defense?



The jury in the David Kobak case will be given lesser options to consider. Kobak has been charged with Count 1, first degree murder of Fred Loftus.  Count 1 has a special allegation that Kobak "personally and intentionally discharged a firearm" causing great bodily injury or death to Loftus.

No drugs detected in Fred Loftus' blood, further dent in defense witness credibility



The People planned to call three witnesses on January 29 in the David Kobak trial. He is charged with the murder of his friend, Fred Loftus.

As expected, defense wants a continuance of Ulisses Rodriguez's jury trial


Trial confirmation for Ulisses Rodriguez was scheduled on January 29. Defense filed a motion to continue. Jury trial is still scheduled for February 10. Rodriguez refuses to waive time and opposed the motion to continue.

Jan 28, 2020

Ryder Stapp preliminary "remains set"


Intervention was continued to this afternoon for vehicular manslaughter and DUI suspect Ryder Stapp. Preliminary hearing scheduled for January 31 "remains set."

"When an expert is paid, it is relevant"


Judge Gregory Elvine-Kreis told the jurors in the David Kobak case," when an expert is paid, it is relevant." This was a clarification regarding defense expert Suzanne Perry.

Bench warrant issued for Harold Lee Conners for failure to appear in court



Harold Lee Conners was arrested by Fortuna Police Department on a arrest warrant for  alleged violation of FG 5652 (a), littering within 150 feet of state waters. He was released on OR and told to appear in court on 01/27/2020.

The arrest warrant has been out since July 2019.

Conners failed to appear in court yesterday and a bench warrant was issued for $5,000.

The day of his trial confirmation Patrick McTigue claims he is indigent and needs a public defender


Trial confirmation was scheduled for former Humboldt County Building and Planning Department employee Patrick McTigue. He has been charged with 15 counts for his jury trial which is scheduled for February 10.

Jan 27, 2020

Defense witness on alcohol gets defensive and unable to provide citations for opinion



Just before court opened today for David Kobak's jury trial, Deputy District Attorney Whitney Timm went in with Dale Cloutier, senior criminalist at the Eureka lab for the CA DOJ. Cloutier has already testified for the People. He will be testifying again for the People, most likely tomorrow.

Will David Kobak jury hear about his 1995 domestic violence record?


Looks like defense will be calling their alcohol expert in the David Kobak case this afternoon. She is expected to testify about how an older man's body metabolizes alcohol.

Attorneys think Clayton Lasinski case may resolve at the next court date


Trial setting was scheduled for assault suspect Clayton Lasinski this morning. Pre trial and trial setting is scheduled for February 20. Jury trial is scheduled for June 1.

"If I was a crazy nut, a restraining order is not going to stop me."


There was a hearing this morning on the civil harassment order filed by Humboldt County Superior Court Judge Gregory Elvine-Kreis against Sai Rose.

Del Norte Judge Darren McElfresh presided over the hearing. He granted the permanent restraining order for five years.

Owner of Redway Garden and Feed rejects plea offer from the People





Jury trial for the owner of Redway Garden and Feed owner Thomas Harwood was scheduled for January 27. It has been continued to February 4 in Courtroom 1 and assigned  to Judge Timothy Canning.

Accept the People's offer or take a chance with trial and be convicted on murder charge?



Trial setting was scheduled on January 27 for Cesar Valenzuela, the last remaining suspect in the Manila homicide. It was continued to February 11. The People have made an offer to resolve the case. It will stay open until that date.

Jan 25, 2020

"When I get out of jail, I am going to kick your ass"

This morning between 9:30 to 12:30,  three incidents against law abiding citizens that could have been avoided if the HACHR loving councilmembers, the local criminal enablers and the "anti cop" local media actually reported the truth and held those responsible accountable. EPD is the only reason law abiding citizens in Eureka feel safe.

Stephen Chiara held to answer for death of Max Hadley



After his preliminary hearing, Solano County Superior Court Judge William J. Pendergast held Stephen Chiara to answer on charges of gross vehicular manslaughter while intoxicated, driving under the influence, DUI causing bodily injury and driving without a license.

Jan 24, 2020

Kobak exposed! Murder suspect gets testy under cross examination, switches testimony and still has selective memory


Murder suspect David Kobak and how the jury perceives him is important. Today, Kobak was exposed in a skillful cross examination by Deputy District Attorney Whitney Timm.

The Fred Loftus that the defense does not want you to know



These photos and comments were given to me to share by Fred Loftus' daughter.  Loftus is dead. He cannot speak. He cannot defend himself.

Ernie's bartender testfies about her interaction with David Kobak and Fred Loftus


Defense played surveilance footage from Ernie's bar and put Ernie's bartender Donna Hammer's on the stand. She was working on August 25, 2017 when both David Kobak and Fred Loftus were at Ernie's.

Two more defense witnesses bolster the People's case for murder suspect David Kobak




The first two witnesses in the David Kobak jury trial this morning told us nothing we already knew and once again ended up bolstering the People's case.

Information regarding former HCSO deputy Mike Hass to be released to both parties in Kailan Meserve writ of habeas corpus


Case Management conference was scheduled this morning for convicted rapist Kailan Meserve's writ of habeas corpus.

Yahindi Silverbrand released from custody, no charges filed


Report for Yahindi Silverbrand was received by the District Attorney's office on January 23 and it is being reviewed. She is Dave Silverbrand's wife and was arrested for domestic battery. The arresting agency was HCSO.

Jan 23, 2020

Los Angeles man loses 431 of marijuana after being pulled over on I 80


A trooper with Iowa State Patrol stopped a sport utility vehicle on  I 80 southwest of Des Moines on a traffic violation. The trooper searched the SUV after smelling a strong odor of  marijuana coming from inside the vehicle.

David Kobak had a case of selective memory today



David Kobak took the stand today and testified.

Due to witness issues, his cross examination was delayed. Judge Gregory Elvine-Kreis talked with attorneys at the bench and is meeting with them privately tomorrow morning. After cross examination, how will his testimony fare?

Man with 37 cases found guilty of assault with a deadly weapon in most recent case


Verdict came in for Courtroom 3 jury trial for Wayne Graham who was charged with 245 (a) (1), assault with a deadly weapon. The jury of jury of four men and 8 women found Graham guilty of that charge.

So far, the defense witnesses have helped the prosecution case


The first defense witness in the David Kobak case was Eureka Police Department Officer Brian Ross. Currently, his regular beat is Old Town.

Sex offender has no restrictions regarding children and his 10 year could visit says the mother

Was waiting for Courtroom 1 to open up this morning. Heard probation talking with a woman on phone asking if she had any concerns. From what I heard, she did not. The probation officer told her that the sex offender had no restrictions placed on him regarding his biological children and the 10 year old could visit.

Stains that "appear to be blood" on David Kobak's clothing and shoes




EPD Sgt. Terry Liles was recalled by the People and he identified the body cam footage from the EPD Officer Heyne who was inside David Kobak's  apartment with fire and medical personnel. That video footage was played. You see them enter, move Fred Loftus' body so he is lying on his back, they administer life saving efforts to Loftus, are unsuccessful and leave. Officer Heyne remains in the apartment.

Out of 8 gunshot wounds that caused Fred Loftus' death , 6 wounds by themselves were fatal

(Kobak's apartment complex)

CA DOJ Senior Criminalist Dale Cloutier wrapped up his testimony this morning. The cartridges and bullets matched the rifle taken from David Kobak's apartment.

Desiree Henley of Blue Heron fire "fame" arrested for the nth time since she was placed on probation



Desiree Henley was arrested by Eureka Police Department for violation of PC 602 (m), malicious mischief. She was released on OR because it was a misdemeanor charge. Requested current booking photo.

She has been arrested a few times since she was placed on probation for aiding and abetting in the Blue Heron fire.

Jan 22, 2020

Trial setting continued for sexually violent predator convicted of spousal rape



Trial setting was scheduled on January 22 for sexually violent predator Scott Eden. It was continued to February 11.

A mistrial was declared on January 15.

"The decedent was lying on his back on a carpeted floor wearing pajama pants. He was not wearing a shirt or jacket. "


Deputy Coroner Charles Van Buskirk and CA DOJ Senior Criminalist Dale Cloutier who works at the Eureka Regional Lab testified this afternoon in David Kobak's jury trial.

Third continuance for Ryder Stapp


Intervention was continued for vehicular manslaughter and DUI suspect Ryder Stapp to this afternoon and it was continued to January 28. Preliminary hearing is scheduled as a special set on January 31.

"The vast majority of blood was pooled around the upper body where Mr. Loftus was lying."


The jurors finished watching EPD Det. Ron Harpham's interview with murder suspect David Kobak today. Kobak said that Fred Loftus hit him in the face yet there were no injuries on Kobak's face. There were no injuries on his hands or abdomen. Det. Harpham took photos of Kobak after the interview.

People make a two year offer to resolve Eric Harmon's most recent arrest


Trial confirmation was scheduled for frequent offender Eric Harmon's most recent arrest on January 15, it was continued by stipulation to January 22. Jury trial scheduled for January 27 was confirmed.

HCSO attends 911 call training in Sacramento


HCSO Dispatch Supervisor Morgan Schlesiger and Dispatcher Charles Ellebrecht for recently completed the Center Manager Certification Program.

The training is helps dispatchers handle 911 calls more efficiently. HCSO and twenty-six 9-1-1 professionals from California and Nevada attended the 40-hour management course in Sacramento.

Ray Christie defense motions granted, jury trial rescheduled for May




Trial confirmation was rescheduled for Ray Christie before Judge Christopher Wilson this morning. There was also a motion to dismiss and a motion to return property on calendar.

Defense asks for continuance of "Stayn"'s preliminary hearing for the second time



At intervention yesterday for Nicholas Hedrick aka "Stayn", his preliminary hearing for January 28 was vacated at defense request. Setting of preliminary hearing is  on 2/11.

Jan 21, 2020

"I fucked up. It's my fault"

(1317 7th Street)

The very solid, credible and professional testimony of Eureka Police Department continued with EPD Senior Detective Ron Harpham taking the stand this afternoon in the David Kobak jury trial.