"Civil harassment orders are to prevent future harm."

The hearing for a restraining order requested by Eureka Councilmember Kim Bergel against Cornelius Lowenstein was continued to February 24. It did not conclude today and testimony resumes on Thursday.

Lowenstein was present with his attorney, Mr. Arlie Capps and several supporters including Robert Tuel.

Kathy Srabian was here, again, with Bergel. Councilmember Natalie Arroyo was here chatting with Jeannie Breslin. Mayor Susan Seaman was here chatting with Linda Stansberry before court. EPD Chief Steve Watson arrived later in the afternoon.

Judge Kelly Neel started out by addressing all parties present in court today and explaining the criteria required to grant a civil harassment order.

"Civil harassment orders are to prevent future harm."

Judge Neel said there needs to be clear and convincing evidence that the respondent has carried out an act of violence or the respondent has made a credible threat of violence against you or engaged in conduct that is not free speech. You cannot get a restraining order because someone said bad things about you.

Kim Bergel gave an opening statement. Then Eric Bergel testified. He gave his full and legal name, John Eric Bergel. Councilmember Austin Allison testified next. We found out after the break that Kim Bergel will testify on Thursday.

Since Kim Bergel did not have an attorney, Judge Neel was very patient and helpful in explaining procedures. Kim Bergel tried to introduce documents and video that Mr. Capps and Lowenstein had not seen. Mr. Capps objected. Judge Neel had to explain how evidence has to be admitted and that it needs to be provided to the other side.

At another point in the proceeding, Bergel asked  a leading question. Judge Neel had to tell Kim Bergel to stop interrupting people.

Kim Bergel needs to listen to the information given to her by Judge Neel and realize this is a court of law and that evidence is needed to back her claims if she wants to win her case.

Lowenstein's supporters also need to realize the decision will be made on evidence and the law.

At the last hearing, through Kim Bergel we learned Lowenstein was served by a City of Eureka Department head, Miles Slattery and today that Lowenstein was served at City Hall.

Will Kim Bergel  be able to meet the burden of proof required by law? Will her evidence meet legal standards?  Compared to the Bergels, Councilmember Allison was more articulate and focused and some of the testimony he gave today demonstrated the impact this is having on Kim Bergel, the person; not Kim Bergel, the elected official.

Kim Bergel said she was seeking the restraining order to have Lowenstein stay away from her, Eric Bergel and her kids." I was never under the impression he wouldn't be allowed at Council meetings."

Both Kim and Eric Bergel testified that Lowenstein sent several daily messages to Kim Bergel.

Facebook messages were sent to Kim Bergel's  Council and private accounts. Kim Bergel said Lowenstein mostly commented on Council page when asked a question by Judge Neel.

Kim Bergel said Lowenstein threat was to sue the City. "He has never directly threatened me. He has never threatened to hit me." She said Lowenstein made "threats of ruining my life; my career."

Mr. Capps said that all this started due to drug related and homeless activities supported by Kim Bergel. He said everything  Lowenstein has commented on related to her policies and "political statements; not personal statements." He mentioned that Kim Bergel admitted in a media article she is a public figure.

"There is no personal threat," said Mr. Capps. " The threat is to her political career." Mr. Capps quoted a statement by Lowenstein. "The moment HACHR gets shut down; I get off your case."

Mr. Capps said that Lowenstein's political activism was related to HACHR.

Judge Neel asked if Lowenstein directed these comments to other Councilmembers. Mr. Capps responded these were public posts directed at Bergel since the HACHR facility is located in her ward.

Capps asked that Kim Bergel's request for a restraining order be denied since the speech is constitutionally protected.

Kim Bergel said after Lowenstein was served that she put up security cameras in her home. She said Lowenstein has called her " a cunt; a whore and corrupt."

At a HACHR clean up, someone told her son to pick up a needle and that she was upset about that request. Lowenstein commented, "No needles Kimmy with your children."

Judge Neel asked if Lowebstein had been to Kim Bergel's home.

"Not that I am aware of," she responded.

Eric Bergel said that Lowenstein had never made threats to come to "our home."

Eric Bergel mentioned an online comment by Lowenstein, "hope your daughter recovers well." This was after the daughter had been injured. WhenMr. Capps asked why that was threatening, Bergel could not explain why and he was at a loss when similarly asked to give examples of specific threat. 

Will the evidence meet the legal criteria for a restraining order or is it free speech and political opinions? How much of it is personal and how much of it is considered political activism? All these points were raised today.

Allison said he had known Kim Bergel for three years. "Over the years I have known Kim, I have seen Kim more and more worn down. I've seen Kim in extreme discomfort. She has talked to me and shown me messages Cornelius has sent her. When she wakes up, there are several messages in her inbox, not her Council account."

"I've had personal contact with Mr. Lowenstein," said Allison. "He has perhaps given up on me and is focused on Ms. Bergel. Sometimes he will email me but the correspondence is very different than Ms. Bergel. It is usually insulting but I suppose that is to be expected as a public figure."

"He raises his voice," said Allison. "He is at every Council meeting. He points his finger at her; intimidating her. There is a difference between citizen contact and harassment." Allison mentioned the Facebook group, Make Eureka Safe Again and mentioned hashtags and negative comments against Bergel.

Mr. Capps had no questions for Allison.

At the end of the hearing, Judge Neel said, "We are all in the same community. People may have difference of opinions; political or otherwise but we should be mindful and respectful of each other."

Kim Bergel expressed concerns and asked if she could get some protection from Lowenstein until Thursday. Judge Neel told Mr. Capps to talk to his client and that a hearing was going on regarding a restraining order and it would be "in his best interest not to provide any evidence for Ms. Bergel."


Previous posts:

https://johnchiv.blogspot.com/2020/02/unaware-that-there-are-cameras-on.html?m=1

https://johnchiv.blogspot.com/2020/02/kim-bergel-admonished-by-judge-hearing.html?m=1

https://johnchiv.blogspot.com/2020/02/eureka-councilmember-kim-bergel-has.html?m=1