John Chiv: Defense forced to subpoena Deputy DA and told by HCSO supervisor "That's not how we do it in Humboldt"

Dec 10, 2021

Defense forced to subpoena Deputy DA and told by HCSO supervisor "That's not how we do it in Humboldt"

If you are a regular reader of my blog, you have read numerous posts where I have called out the Humboldt way of doing whatever they want; especially in my coverage of Humboldt Superior Court.

There is a December 27 hearing in Ray Christie's case on the defense motion to suppress in Humboldt Superior Court which was scheduled at the last hearing by Judge Timothy Canning, the court clerk and the date was picked to accommodate numerous issues with Mr. Steward's schedule. They chose this date.

I predicted right after that hearing that there would be attempts to delay it. And the excuses have already started. I have seen these "scheduling", "continuances" and excuses for 7 years now.

You know the ones such as the DA office says where they were just literally informed before the hearing, the officer is unavailable or the officer is on "vacation" or Humboldt Superior Court continuing a hearing because a courtroom isn't available or rescheduling the case for a date when the trial judge for this case returns. They should have done this in the first place on November 15.

In this case, December 27 is two days after Christmas. Court schedule is usually light; people have planned vacations. They should have just rescheduled this hearing weeks ago and continued the trial. The DA's office and Humboldt Superior Court seem so concerned about timeline for this case. Homicides and sex abuse cases from years ago can be continued numerous times and scheduled late into next year but this case is the priority to get out. Christie is out of custody. I thought in custody cases got preference but it is Humboldt; so the people in charge do what they please. Damn rights, U.S. Constitution and the law.

Christie's attorney, Mr. Rick Richmond, wanted the hearing on the motion to suppress held on November 30 with another Judge but his repeated requests were denied. After that hearing, there were subpoenas served on various people by the defense.

Questions I have about people involved in the federal raid. Why did a Fortuna Police Department officer need to be present for a federal raid? Does FPD have officers to spare?

There are multiple issues with this evidentiary hearing including the fact that in a small town people are married to/or dating someone who is a part of the same criminal justice system and social group. This affects their livelihoods and there is social pressure. You don't think that will impact their testimony?

Megan Nims is married to Janssen Malloy's David Nims. Andre Hale is married to HCSO correctional deputy Cody Hale and I could go on.

The defense has served subpoenas on the following people.

HCSO:

Lieutenant Kevin Miller

Sgt. Joshua McCall

Deputy Travis Rogers

Deputy Benjamin Filippini

Officer Thomas MacLeod (borrowed from the Fortuna Police Department for the raid)

Humboldt County Animal Control:

Andre Hale

Megan Nims

Taylor Pederson

Humboldt County District Attorney’s Office:

Steve Steward

Alan Aubochon

I am not adding all the individual names from

US Department of Agriculture,Office of Inspector General, Investigations; US Department of Agriculture, Animal and Plant Health Inspection Service and California Department of Food and Agriculture but everyone involved with the federal raid has been subpoenaed.

When defense was trying to re-serve subpoenas to HCSO, a woman named "Veronica" told the server, "I am just going to throw these away because other people tried to serve subpoenas." Larson Law Firm's Ms. Caroline Glennie-Smith, who is one of four attorneys working on the Christie case, called and spoke to "Melva", a supervisor. The only Melva I know with HCSO who is a supervisor is Melva Parris.

"Melva" told Ms. Smith, "That is not how we do it in Humboldt." After "Melva" was enlightened about what the law is in California; the subpoenas were accepted.

Before Mr. Steward was served with a subpoena, Mr. Richmond emailed him. "I'm really loathe to do this" and asked if Steward would commit in writing to be there. Mr. Steward is disputing when the report on the raid was provided to him by Sgt. McCall. Mr. Steward did not respond and was served with the subpoena.

Taylor Pedersen was the first person to fight the subpoena. She told Mr. Richmond, "I am supposed to be on vacation." Mr. Steward told her he would not help her and that she had to deal directly with Mr. Richmond.

Mr. Richmond asked her why animal control was there. Pedersen said her supervisor, Andre Hale, asked her to be there because "USDA wanted to check on the conditions of the dogs."

HCSO was asked to assist with the federal raid. The felonies in this retrial of Christie's case have nothing to do with dogs. The dogs do not belong to Christie. They belong to his girlfriend/common law wife.

The feds and state insist there is no connection between the federal and state case. So the timing of this federal raid, trying to get new charges on Christie with dogs, after the former prosecutor "exits" the DA's office abruptly, the first trial results in a mistrial and they can't convict Christie is all a cosmic coincidence?

The one woman juror that refused to be railroaded at the first trial, I wonder if we were ever told the truth about why that lady was excused. Judge Wilson and certain Humboldt Judges do not open courtrooms when media should be present for hearings and during trials. That is the way Humboldt works is bs. No one is above the law. Made up rules in an insignificant rural county with mostly local yokels in charge who are drunk with power.

I have been on Humboldt juries before I started this blog. If you think people aren't pressured, people do not lie to get on a jury and every deliberation is copacetic; I have bridge to sell you.

HCSO, Humboldt Superior Court, other local agencies, law enforcement like Fortuna PD do whatever they want and then get pissy when I call them out about unprofessionalism and what the law is and what they are required to do. They are enabled in this effort by unprofessional politicians, businesses, members of this community who profit from the status quo and certain local media who do not challenge the "Humboldt way." That kind of attitude is what gets the state to step in and investigate your local agencies: HCSO: DHHS and the Auditor Controller's office.

This time, HCSO tried it with a prominent, well respected and one of the top law firms in Los Angeles. The Humboldt County DA's office is used to getting their way; the Humboldt Superior Court does what it wants. The arrogance of the Humboldt DA's office is shocking. Do they think they are above the law? Mr. Steward was given the opportunity to appear voluntarily.

As I mentioned in my post before the November 30 hearing, Mr. Steward did not respond to the defense motion to supress in Humboldt Superior Court and at the November 30 hearing, he didn't address it except to say he plans to use the evidence from the federal raid. Mr. Steward still hasn't filed a response. By law, he is required and the defense motion to supress should have been granted. As I pointed out in my last post, why was Judge Canning who was disqualified even assigned to the Christie hearing on November 30?

These games of setting up what Judge Christopher Wilson calls "unproductive hearings" and denying Christie due process and what he is entitled to have by law when the trial is set for next month is either stupidity, arrogance or both. I have been saying for months that Humboldt Superior Court is giving Christie many reasons to appeal.

No federal charges have been filed against Christie. The federal prosecutor returned Christie's cell phone and a few days later Christie's business records that were seized. Humboldt and the State apparently think they operate under their own law.

If you are for justice and a real journalist who is not controlled by the special interests, if you believe in the Constitution; then you don't let people intimidate you from the truth.

There is a national spotlight on Humboldt and the Christie case is putting it right on the "Humboldt way of doing things". How many people have been railroaded, convicted without a fair trial and due process in Humboldt?

If you have not been following the case regularly, read the previous posts for context.

I will be doing another post on an order on the defense motion to suppress in federal court.

People in Los Angeles and all over the nation read my blog, my exclusive coverage on this case has been shared and read by many people. Recently, most of the calls and texts I receive are about the Christie case and my coverage on Humboldt Superior Court Gregory Elvine-Kreis. News and cases, as usual ignored by other local media. Just like Patrick McTigue and the Magney case, they will step in later when there is no risk and try and take credit which doesn't belong to them.

While this happens all the time; the difference is that Christie, the Larson Law Firm and people from outside Humboldt know the effectiveness,value of my reporting, acknowledge the feedback and see concrete results from my coverage because people call and tell them.

The local haters, local politicians, local business people who I have exposed and other local media can't continue to perpetuate the lies about me and deny my success because more and more people are on to them and their petty agenda. They don't control everyone in Humboldt and they definitely don't control people outside Humboldt. Humboldt has screwed over many people and they know by experience I am exposing decades of the ugliness that has ruined lives. I wrote about the Magney case long before anyone else and it ended up as a national headline.

My coverage of this case is making some locals very uncomfortable. Some blowhards making alleged threats such as "running me out of town" and further impacting my livelihood should brush up on the law and the consequences of actions you allegedly claim you will take against me for doing my job. You do not control what I report and you do not control me.

Previous post:

https://johnchiv.blogspot.com/2021/11/the-governments-hands-are-filthy.html?m=1

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