"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.

Arcata Police Officer Charles Anderson was contacted by Rose's former therapist, Diane Ward. Rose made th statement that "he wanted to kill the Judge's daughter in front of him." Ward told Officer Anderson that "I deal with a fair amount of people that make threats." Officer Anderson asked her why she thought this was serious.

Based on previous sessions, Ward knew that Rose was aware of personal and professional information about Judge Elvine-Kreis. Rose felt that "he had been robbed of his rights in civil proceedings by Judge Elvine-Kreis."

Rose felt that Judge Elvine-Kreis knew people associated with his ex-wife. Ms. Ward tried to calm Rose down. "Her efforts were ineffectual," said Officer Anderson. "She ended the therapy session because she felt unsafe" and she stopped seeing Rose as a client. "Another client didn't want Rose in the building." Rose had researched Judge Elvine-Kreis on the internet.

Officer Anderson consulted the Sgt. on duty. "This was a fairly unusual situation. I have never had a clinician call. Mr.Rose lives outside our jurisdiction in McKinleyville. He has had numerous contacts with the Arcata Police Department. We contacted Mr. Rose to see if he would talk to us."

Rose legally changed his name from Stephen Gasparas. Officer Anderson spoke with Rose on his porch. "He was a little upset and stressed. I would ask some questionsand he was responsive but regarding the Judge and his daughter, he became evasive."

Rose told Officer Charles Anderson that "he wanted the Judge to suffer the same way he and his daughter had suffered." Rose told Officer Anderson he believed Judge Elvine-Kreis had violated his rights in custody proceedings.

Officer Anderson believed Rose had violated PC 422, criminal threats and he detained, cuffed and put Rose in a patrol car. Rose repeated the "suffer" comment.

Rose denied making the comment at today's hearing. He told Judge McElfresh that he needed to view the officer's body cam if "you are going to rule against me."

Judge Elvine-Kreis testified that he hears "100s of cases" a year and he has never had to file a restraining order against someone. Judge Elvine-Kreis testified how he felt when he was contacted by Officer Anderson, the ordeal he and his family have been through and how this has affected him at work and home.

Judge Elvine-Kreis has recused himself from Rose's custody case,which is still ongoing.

In his closing argument, Rose said, "If I was a crazy nut, a restraining order is not going to stop me."

Before his ruling, Judge McElfresh said, " The Court has read and considered submitted documents and evidence presented today. The evidence in court is the only evidence that I will consider. I found Officer Charles Anderson's testimony credible. The therapist was so upset by Mr. Rose that she broke her confidentiality and terminated her client relationship with Mr. Rose. I also found Judge Elvine-Kreis' testimony credible. In regards to Mr. Rose's testimony, he denied making the statements. I did not find his testimony credible."

Judge McElfresh referred to the animus that Rose harbors against Judge Elvine-Kreis which was a point made in  closing argument by Judge Elvine-Kreis' attorney Sharon Nadle.

Rose has limited access to the Courthouse, self help center and law library. Rose's cross complaint was stricken under the Bane Act.

Rose was declared a vexatious litigant. Read previous posts linked below for more background on Rose and cases.

Previous posts:
https://johnchiv.blogspot.com/2019/12/man-who-has-restraining-order-filed.html?m=1

https://johnchiv.blogspot.com/2019/09/humboldt-courts-powerless-to-protect.html?m=1

https://johnchiv.blogspot.com/2019/08/75-opportunities-courts-had-to-stop.html?m=1

https://johnchiv.blogspot.com/2019/08/civil-harassment-order-against-sai.html?m=1

https://johnchiv.blogspot.com/2019/08/bail-for-sai-rose-aka-stephen-gasparas.html?m=1