John Chiv: Metadata stripped, missing pictures, someone manually renaming photos are only some of the bombshells dropped by defense so far in today's hearing

Jan 7, 2022

Metadata stripped, missing pictures, someone manually renaming photos are only some of the bombshells dropped by defense so far in today's hearing

Today, there was a hearing on the defense motion to dismiss charges or suppress evidence from the 2018 raid, a motion to continue and a motion by former prosecutor and currently Deputy Public Defender Adrian Kamada to quash his subpoena from the defense in Ray Christie's criminal case.

The outcome today was exactly what I predicted before the hearing.

I was originally updating the post live; then completed a detailed post very quickly after the hearing. And will be adding more details as time permits for my regular readers and all who appreciate my hard work.

A lot happened today in the Christie case and it isn't as simple as one side won or the other so wait for me to add more details to this post when I have time.

Mr. Rick Richmond is Christie's attorney. His associates from the Larson Law Firm, Ms. Caroline Glennie-Smith and Ms. Jodie Koo appeared via Zoom.

Deputy District Attorney Steven Steward is the prosecutor for this case. Deputy DA David Moutrie is second chair and has not been at several and recent hearings.

The motion to quash subpoena by Kamada was denied in the morning without prejudice and he was subject to recall for the rest of the day. Kamada was pissed. He said something to Christie as he left the courtroom. Even, Mr. Richmond didn't hear it and he was next to him. Later I found out, it was something to the effect that "you all are a joke." Kamada said this in his declaration. Unprofessional behavior from a third rate attorney who failed to properly prosecute Christie at the first trial.

Kamada should have worn boots and stomped his feet on his way out to complete the childish tantrum in court. His bowling buddy, the Judge, would let him get away with it, just like the remark to Christie that should not have happened in a professional court of law.

After three tries throughout the day, the motion to quash the subpoena filed by Kamada was denied.

There is a recording from the first trial about who was present during a specific convetsation and Kamada should have been questioned about it and Elvine-Kreis shut it down. The look on Kamada's face when Mr. Richmond brought it up spoke volumes.

I wanted to hear that tape and hear what is on it to decide for myself and the public should hear the contents of the tape.

Most witnesses like Kamada, Judge Elvine-Kreis found some excuse not to have on the stand. For Kamada, "he wasn't relevant" for, DA investigator Steve Dunn and HCSO Sgt. Moore, Judge Elvine-Kreis was dismissive and said he did not think "they would add anything", for HCSO Animal Control Officer Megan Nims, "it was outside the scope of the hearing." Megan Nims is married to Mr. David Nims, who works with Mr. Patrik Griego who is representing Judge Elvine-Kreis in two lawsuits.

Motion to continue was tentatively granted if proof of medical/dental is provided by Christie's medical provider. I had already reported that a supplemental motion had been filed by the defense stating this reason. Judge Elvine-Kreis said he did not find good cause for the other reasons presented by the defense in the original motion to continue. January 18 will either be trial confirmation or resetting of trial if Judge Elvine-Kreis grants the continuance for Christie to take care of his health. Judge Elvine-Kreis will issue a written ruling on the motion to continue so there is no need for another hearing prior to January 18.

Judge Elvine-Kreis' final decision on the motion to dismiss or to suppress evidence from the 2018 motion will be in writing because he took the matter under submission. From the remarks he made, it will be denied. There is a small possibility of crumbs thrown defense's way by not allowing some photos. I will be shocked if the defense motion regarding the 2018 raid is granted. It would expose HCSO, the DA's office as well as the poor and wrong choices made by Humboldt Superior Court Judges and incompetent Kamada in the first trial as well as the rulings so far in this retrial.

The corrupt and incompetent legislators and agencies that oversee the California court system have created the California "judicial hellhole."

To prosecute someone and have a conviction that cannot be appealed, the evidence must be collected properly and the entire process from investigation to prosecution and jury trial must follow the law.

HCSO Deputy Travis Mendes who is a key witness shouldn't even have been the courtroom bailiff that day. I have documented his over the top behavior in court and he is a goon with a badge and anger issues. He should not be in law enforcement or given any position of authority.

I wrote about Travis Mendes' behavior in the courtroom in the Jason Smith case.

https://johnchiv.blogspot.com/2021/04/justice-if-you-are-black-or-native.html?m=1#more

Mendes wasn't even excused by Judge Elvine-Kreis until after the hearing started and then sat in the courtroom after he testified. Mendes asked HCSO Sgt. Tony Gomes who subbed in for him to ask the Judge if he could stay in the courtroom after his testimony. Sgt. Gomes initially made the decision on his own that Mendes could stay because he had testified. I was told Sgt. Gomes then checked with Judge Elvine-Kreis and Mendes was allowed to stay.

There is still a pending trial, Mendes is a potential witness. He has repeatedly wandered in and been in the courtroom for Christie's case.

Travis Mendes' wife is a correctional deputy at the Humboldt jail. His father Alan Mendes is a former HCSO deputy and court bailiff and is now working for Ferndale police officer, after retiring.

HCSO Deputy Jen Turner sat in and listened to Mendes' testimony. She is married to a HCSO deputy but most people are familiar with her as Turner. Apparently HCSO deputies who work at the courthouse have time to spare to sit in court for hours.

The nepotism, hiring family and friends and "we can do what we want" is the taint and stench that pervades every institution in Humboldt from courts, business, politics, law enforcement and media.

Mendes is no longer the livestock deputy. He is a bailiff in court. That is a fact. So why the change in title and duties?

Two California Fish and Wildlife employees, Ryan Bourque and Michael Van Hattem were told by their counsel, Stephanie (they didnt know her last name) they did not have to produce documents requested in the subpoena because they were provided to the DA. They were court ordered to produce it by 4:30 by Judge Elvine-Kreis or face contempt proceedings.

Judge Gregory Elvine-Kreis' said, "I am not sure what attorney would ignore a subpoena, that's upsetting."

Sgt. Conan Moore, one of the witnesses subpoenaed by defense today tested positive for COVID 19 and is in quarantine.

Judge Elvine-Kreis told the People they needed to get photographs they intended to use to Christie right away; not next week. "This is old enough, this should have been decided months ago", he said.

One thing is clear already, Mendes' testimony on the stand creates more problems regarding his credibility. Mendes sat behind me and kicked the chairs for hours. He was pissy and defensive. He should have been declared a hostile witness. Judge Elvine-Kreis' reasoning to deny labeling him as such was telling Mr. Richmond "he is answering your questions." Yeah, with attitude, by being non-responsive, by simply repeating Mr. Richmond's questions back to him.

There is a recording made by Mendes with former DA Chief Investigator Wayne Cox and Kamada on it introduced at the first trial. That was one bombshell HCSO, DA and Judge Elvine-Kreis were not expecting today.

Judge Elvine-Kreis made a brief disclosure about his relationship with Kamada. If you have read my posts on Judge Elvine-Kreis, the two lawsuits he is facing and the ones linked below, you know he is more than chummy with public defenders and that includes Kamada. There is evidence via photographs about him partying with Public Defenders. He is a former Public Defender.

That is a problem with all current Humboldt Judges and only Judge Cockrum, Judge Kelly Neel and Commissioner Fran Greenleaf consistently and properly recuse themselves.

These kind of relationships in law enforcement and the local criminal justice system are the joke that is enabled by weak politicians and Humboldt connected who benefit from the local "system."

Judge Elvine-Kreis' demeanor towards Mr. Richmond was more cordial at this hearing. Savvy and regular readers of my blog and those following this case and reading each post know I have called Judge Elvine-Kreis on the way he acted at the last hearing; among many other things such as his relationship with Kamada.

My opinion of Judge Elvine-Kreis is based on court observations and court records and is well known but I am accurate in my coverage. So, I will give him credit where it is due in the morning session. In the morning session, he said, this is a felony matter with four counts involving four animals "being made unneccessarily uncomplicated."

In the morning, he made some observations about the case which are on point and his rulings on objections were fair. In the afternoon, he was back to the Judge Elvine-Kreis I know.

Charles Adams is the defense computer forensic expert who testified today. His background, knowledge, particularly working with government agencies, law enforcement and even the White House is very impressive.

I took very detailed notes of Mr. Adams mentioning specific pictures identified by Travis Mendes. There waa a lot information with a lot of technical detail that I am not going to include because it is several pages. I have covered many court cases with forensic analysis, extraction reports and the software used and Mr. Adams was excellent and meticulous in his analysis.

The defense mentioned a report from former DA investigator and former HCSO Deputy Martin Perrone. That was not brought up other than mentioning it. He should have been a witness today. At trial, the People, HCSO, Kamada now know the defense strategy. However, since the Larson Law Firm and Mr. Richmond took the case over, there are unexpected surprises in court and defense filings. Will the jury hear it? From the remarks made by Judge Elvine-Kreis on the original motion to continue; I doubt it.

Once again, Judge Elvine-Kreis said there was no bad faith on part of HCSO. He even tried to blow off the missing metadata towards the end but the evidence was overwhelming.

Most of what was said in court today, I have already covered in detail in previous posts, including the fact that the family of defense expert Bryce Welke, who was originally expected to appear in court today, was exposed to COVID 19 during the Christmas holidays. Mr. Adams had to step in last minute.

This case is shaking up Humboldt and exposing the Humboldt inbred mentality and behavior, lackadaisical abuse, authority and incompetence of the local courts, the politics that determine what and who gets prosecuted, the arrogance of HCSO and state agencies who are used to getting their way and when they don't; they pitch a fit.

Those being exposed are going to do everything they can to avoid being held accountable and maintain the status quo. The untold facts and balanced coverage which should also include Christie's side has only been presented on my blog for months. Everyone is entitled to a fair trial, including Christie.

Humboldt doesn't like truth, people standing up and fighting for their rights and if you do; be prepared to be targeted and face retaliation. Looking for justice in Humboldt courts if you stand up against abuse, power, incompetence and corruption? Your odds of seeing pigs fly are better.

My point is proved by Judge Elvine-Kreis' irritation at Christie putting up a defense, local and state people being pissed that facts they tried to hide about Christie's case are finally being revealed in court and by my complete coverage on this blog.

Judge Elvine-Kreis' rulings are excusing the way Humboldt courts have handled this case, his buddy Kamada's screw ups, the DA's office overzealousness in getting a conviction by any means and the unconstitutional way evidence was collected.

This was apparent when he said to Mr. Richmond at the end of the day "Why didn't Mr. Christie take pictures of healthy cows? He's got three lawyers, ranch hands; they couldn't take photos?"

Mr. Richmond responded, "If Ray took pictures, Mr. Steward would say he staged this and shipped all the sick animals."

Judge Elvine-Kreis obviously needs to be reminded of basic tenents of U.S. law. You are innocent until proven guilty; not the other way around. The prosecution bears the burden of proof beyond a reasonable doubt.

I feel for Mr. Steward who had this case dumped on him after Kamada abruptly exited the DA's office and left his mess for Mr. Steward to clean up.

Sgt. Conan Moore and Mendes were the two deputies involved a federal civil lawsuit filed in the U.S. District Court for the Northern District of California against Humboldt County and two of its Sheriff’s deputies for police brutality, false arrest, First Amendment retaliation, and malicious prosecution. There was a settlement. HCSO and the DA never responded to me. There is a related hearing in Michael Gammariello's Humboldt Superior court criminal case on 1/10/22.

https://johnchiv.blogspot.com/2021/05/in-agreeing-to-ask-that-retaliatory.html?m=1

State Deputy Attorney General Bradley Solomon, CDFA Investigator Chad Parker and many others and their relevance is in previous posts so catch up and follow the case because I have now mentioned this in several posts.

I have been doing detailed, exclusive posts on the case with court documents. If you have not been reading and following the case regularly, you need to read the previous posts because most of my readers follow the cases and read my blog daily. I am not repeating and spending hours typing the same information.

Previous post:

https://johnchiv.blogspot.com/2022/01/humboldt-county-recklessly-allowed-sick.html?m=1

Recent posts:

https://johnchiv.blogspot.com/2021/12/we-need-courts-help-in-shaping-this.html?m=1#more

https://johnchiv.blogspot.com/2021/12/those-animals-came-from-other-ranchers.html?m=1

https://johnchiv.blogspot.com/2021/12/who-had-access-to-external-hard-drives.html?m=1

https://johnchiv.blogspot.com/2021/12/hcso-called-da-during-federal-raid-but.html?m=1

https://johnchiv.blogspot.com/2021/12/das-office-did-not-inform-or-serve.html?m=1

https://johnchiv.blogspot.com/2021/12/hcso-and-da-lucy-youve-got-some.html?m=1

https://johnchiv.blogspot.com/2021/12/motion-to-dismiss-charges-against-ray.html?m=1

https://johnchiv.blogspot.com/2021/12/judge-elvine-kreis-assigned-to-ray.html?m=1

https://johnchiv.blogspot.com/2021/12/i-am-at-loss-as-to-what-i-can-do-mr.html?m=1