John Chiv: "I am at a loss as to what I can do. Mr. Christie was subjected to an unconstitutional raid. The District Attorney’s office intends to use the evidence seized during the raid at the upcoming trial in January. We tried to resolve this issue long before Christmas, but over our objections the hearing was delayed until December 27.".

Dec 16, 2021

"I am at a loss as to what I can do. Mr. Christie was subjected to an unconstitutional raid. The District Attorney’s office intends to use the evidence seized during the raid at the upcoming trial in January. We tried to resolve this issue long before Christmas, but over our objections the hearing was delayed until December 27.".

Ray Christie has a hearing on December 27 on the defense motion to suppress. Who will be at this hearing? Who knows? There are too many daily developments to keep up.

The scheduling of the December 27 hearing is just a fraction of the arduous and unnecessary hearings in this case and what is business, as usual, in Humboldt Superior Court.

The Deputy County Counsel appearing on behalf of Animal Control Officer Taylor Pedersen is Natalie Duke. The same one who just finished a trial in State Bar Court for disciplinary charges regarding the Magney case. Just one of the many embarassing Humboldt scandals that made national headlines.

If only I could eat popcorn and watch the December 27 hearing.

Since, I did my last post, there are three people from the State that plan to be there and are being represented by the California Attorney General's Office. The Fortuna police officer is going to be there.

Christie shared just one email and a response from his lawyer to Pedersen with me. He did not want to do this but it is just one example of the hours wasted and cost to Christie.

This happens to people all the time. And, the arrogant local courts, Humboldt County, the government don't care. We used to care about the Constitution, law and individual rights in this country.

There are daily alerts about dogs, deers, cows running loose in Humboldt and on the highways. Are any of those people being cited, prosecuted? The government, state agencies and law enforcement get paid by the taxpayers. So who decides what to investigate?

How many posts have I done on the "Humboldt way". The "Humboldt way" wastes a lot of people's time. Christie's, many others and mine. Whether it is courts, government or County. When you are not paid like government employees and earn income based on the time you put in and results you produce; this is costly. I thought it was "innocent until proven guilty"; not the other way round.

This is one email Pedersen sent to Christie's attorney, Mr. Rick Richmond, on December 13.

"Thank you. Is there any update regarding my appearance on that date? I could attend through zoom or maybe Officer Nims can testify to our actions that day? Let me know as soon as possible I have family members that are trying to schedule events."

There were more.

Mr. Richmond's response in italics.

"Dear Ms. Pederson,

Thank you for your further outreach. Because of the difficult timing of our December 27 hearing, I want to give you a more complete explanation about why the hearing was set for that date and why I feel I am unable to accommodate everyone’s individual schedules.

We believe the October 13, 2021 raid on Mr. Christie’s property, along with the gathering of evidence on that day, was an unconstitutional search and seizure. The Humboldt County personnel who participated in the raid did not have their own warrant to invade Mr. Christie’s property. They were not invited onto the property by Mr. Christie and he did not want them there. The Humboldt County personnel were piggybacking on a federal warrant that was focused on compliance with the USDA’s national organic program, not alleged animal cruelty. Whatever assistance was provided by the Humboldt County personnel to the USDA in terms of security, perimeter control, and firearm checking, all of that assistance was completed by 8:00 am that morning, according to both the lead federal agent Anitra Mackie and Sgt. Joshua McCall of the HCSO. All of the Humboldt County personnel should have left the property at that time. Instead, while Mr. Christie was pinned down on his sofa by armed federal agents, the Humboldt County personnel roamed through Mr. Christie’s home and all over his property, taking photos and videos and making notes. The District Attorney’s office has confirmed it intends to use that illegally seized evidence in its prosecution of Mr. Christie.

We had no choice but to challenge the raid as an unconstitutional search and seizure and to try to prevent the illegally seized evidence from being used at Mr. Christie’s upcoming trial. We did not want to disrupt anyone’s holiday plans, so we filed our suppression motion on November 12, with a hearing date of November 30. We were in court on November 15, but the court did not want to consider the substance of the suppression motion at that time since it had just been filed. Instead, the court kept the November 30 hearing date on the calendar. The court twice reminded the District Attorney’s office about its “opportunity to respond” to the suppression motion and did not change the briefing schedule. (11/15/21 Hr. Tr. at 5, 28) For some unknown reason, however, the District Attorney’s office did not oppose the suppression motion and, to this day, has never tried to defend the constitutionality of the search and seizure.

On November 30 we had our scheduled hearing on the suppression motion. At that time, the District Attorney’s office confirmed it intended to “use the evidence seized and recorded from the federal raid on Mr. Christie’s property at the upcoming trial on January 31st.” (11/30/21. Tr. at 3) However, apart from saying it believed “the evidence was seized lawfully,” the District Attorney’s office did not try to defend the warrantless search and seizure on any grounds. Judge Wilson was on vacation at the time and Judge Canning was sitting as his replacement for the day. Judge Canning explained that he was “disqualified from this case” and, as a result, “can’t make any substantive rulings on the motion to suppress.” (11/30/21 Hr. Tr. at 2) As a result, the District Attorney’s office believed “it would be prudent to set an evidentiary hearing” (Nov. 30, 2021 Hr. Tr. at 4) and we asked on Mr. Christie’s behalf that any evidentiary hearing be scheduled as soon as possible. (11/30/21 Hr. Tr. at 8) Judge Canning agreed with us that “these issues do need to be addressed sooner rather than later,” but then allowed the schedule of the particular Deputy District Attorney, Steve Steward, to dominate the setting of the hearing date over our objection that “the district attorney’s office has lots of lawyers in it” and no one person’s individual schedule should control. (11/30/21 Hr. Tr. at 9-10) Mr. Steward indicated he was “available that whole week” between Christmas and New Year’s and the clerk said “Monday of the 27th would be the best date.” (11/30/21 Hr. Tr. at 11) Judge Canning then ordered: “Monday, December 27th at 9:15, and that will be for an evidentiary hearing on the motion to suppress.” (11/30/21 Hr. Tr. at 11)

So that’s how the December 27 date was selected. It was not Mr. Christie’s choice and we did everything we could to have the matter heard at a time when it would not disrupt the holiday schedules of any families. We next asked Judge Canning to order the appearance of Sgt. McCall and other Humboldt County personnel at the hearing. Judge Canning declined to do so, recommending that it “might be advisable to try to subpoena” the Humboldt County personnel who participated in the raid. (11/30/21 Hr. Tr. at 11) As you know, that is what we have done, including the subpoena we issued to you. When you first called me, I suggested you contact Mr. Steward to help you since, from my point of view, this holiday disruption was of his making, not Mr. Christie’s. I understand from a follow-up call with you that Mr. Steward declined to help you when you contacted him.

I am at a loss as to what I can do. Mr. Christie was subjected to an unconstitutional raid. The District Attorney’s office intends to use the evidence seized during the raid at the upcoming trial in January. We tried to resolve this issue long before Christmas, but over our objections the hearing was delayed until December 27.

My job is to protect Mr. Christie from what I perceive to be improper, unfair, and illegal treatment by Humboldt County personnel. To do that, I need all of the participants in the raid to appear in person at the December 27 hearing so I can cross-examine them about their respective roles in the raid and their gathering of evidence. I wish it was otherwise. Would that the raid had never happened. Would that the evidence was not illegally seized. Would that the District Attorney’s office would not try to use the evidence against Mr. Christie. Would that the particular Deputy District Attorney had not allowed his personal schedule to dictate the timing of the hearing. But it is what it is. I recognize this is disruptive to everyone’s holiday plans, including your family’s and mine. Nevertheless, I must and will defend Mr. Christie’s rights to the best of my ability and that is what I am doing.

I recommend that you contact Sheriff William Honsal and District Attorney Maggie Fleming to see if they can help you. I have taken the liberty of copying them here. Or perhaps you could retain an attorney to advise you about what you might do. As I have mentioned more than once, I feel uncomfortable trying to guide your actions in the circumstances.

Thank you.

Rick Richmond"

Pedersen is finally being represented by Humboldt Deputy County Counsel Natalie Duke as of yesterday. I don't understand why Pedersen was not instructed to do that in the first place by HCSO or the DA's office.

I asked Ray Christie some questions because the local case has been going on since he was arrested in 2018.

"The experience of going through this court process and system has been very eye opening. I have never thought about quitting " said Christie. "This is my name, my reputation, my livelihood."

"I have been to every court hearing because I have nothing to hide," said Christie. "When I am in court, I sit and listen and watch other people. How many of these people have been falsely accused? How many of them took a plea deal or were convicted because they could not afford an attorney and one out of the area. This system is broken. I am standing up and fighting but it isn't just for myself. I am doing it so this does not happen to others."

If you are someone who has not read the previous and recent posts on Christie, read them for context and background.

I personally have witnessed and seen the mental, physical, financial toll and harassment, injustice people go through in Humboldt Superior Court and if they speak up in Humboldt. I have experienced and lived it. Not everyone has money. Many people give up. Humboldt is a vindictive, dirty cesspool because of apathy and cowards.

I am inundated with news tips every day because other media ignores, won't cover it or will not upset the status quo. That is pathetic.

I have never lived in a place where people want a lot, want it for free, use people but offer no financial or personal support or thanks, want others to take the risk but want all the benefits. More and more civil lawsuits are being filed by people.

I have zero faith in the system and none in Humboldt courts where getting justice is Russian roulette.

Previous posts:

https://johnchiv.blogspot.com/2021/12/federal-judges-order-puts-onus-on.html?m=1

https://johnchiv.blogspot.com/2021/12/defense-forced-to-subpoena-deputy-da.html?m=1

Recent posts:

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

https://johnchiv.blogspot.com/2021/11/i-am-not-impugning-anyones-character-i.html?m=1

https://johnchiv.blogspot.com/2021/11/did-deputy-da-steward-lie-to-or-mislead.html?m=1

https://johnchiv.blogspot.com/2021/11/speaking-of-carcasses-and-animal.html?m=1

https://johnchiv.blogspot.com/2021/11/knowing-how-humboldt-superior-court.html?m=1

https://johnchiv.blogspot.com/2021/11/motion-to-supress-evidence-from-federal.html?m=1

https://johnchiv.blogspot.com/2021/11/your-raid-came-dangerously-close-to.html?m=1