I have covered Michael Acosta and Sarah Carroll's case regularly and recently been the only one to cover in court and with documents. There were a lot of repetitive arguments this morning on Acosta's 995 motion; motion to compel, request for judicial notice and motion to qualify the DA.
Acosta sent me some more information this morning including a potential joinder motion by Carroll. His email to the DA alone is worth reading.
Acosta challenging and now including Ms. Sullivan in his conspiracy theory was a mistake. It will bolster part of Deputy District Attorney Ian Harris' response . People in this community may be on his side about First District Supervisor Rex Bohn, the good ole boys, former HCSO Deputy and St. Bernard's Coach Matt Tomlin, HCSO Max Soeth and former DA investigator and HCDTF agent Jack Bernstein but Acosta attacking the DA's office, Ms. Sullivan and the court reporter is a mistake. Carroll is lucky to have Ms. Sullivan as an attorney.
I will check if Bernstein is still employed at HCDTF. Haven't seen him at the Courthouse for years but am certainly aware of his connections at the Courthouse which Acosta and others would also know. I have previously mentioned that I contacted the County and HCSO about certain allegations against Matt Tomlin and if you did not read those posts, you can search them on the blog or Google.
While Acosta has shared some of these allegations about Tomlin with me previously, he has now put them on record in an email to the DA and other claims in court paperwork. Former Deputy DA Jane Mackie originally had this case. Deputy DA Trent Timm had this case briefly. Mr. Harris has had this case for the remainder.
Acosta is now pro per. What I will address upfront is that Acosta mentioned to me once in the past that Carroll wants to join the motion. Her attorney is Ms. Sullivan. Carroll texted me a couple of days ago makimg the same claims that she has tried to reach Ms. Sullivan everyday. In fact she asked me to passa message to Ms. Sullivan if I see her. Carroll said she would consider Farretta or a Marsden motion.
I am in court regularly and for the past 3 weeks daily. I happen to know she is very busy and in court all day here, in Lake County or other counties she practices in. This morning I contactedMs. Sullivan again about Acosta and Carroll's claims that Carroll has tried to reach Ms. Sullivan repeatedly.
"Sarah has only gotten a hold of me in the last week or so," said Ms. Sullivan.
The following comment by Ms. Sullivan about this case is an observation also been expressed to me in similar words by other California attorneys not involved in this case but who follow and read my blog. "It's an unusual situation, essentially a husband and wife team. Where is the husband is a very skilled attorney."
Acosta's email to DA Stacey Eads and Deputy DA Ian Harris:
My co-defendant will be present in court tomorrow morning. She has been attempting to get a hold of her attorney re: joinder of the motion to dismiss, and has requested that the Court allow her to represent herself by Faretta waiver so that she can join in the motion to dismiss, although it sounds like a Marsden motion is probably the more appropriate option. This would result in a very unfortunate delay, if successful. Ms. Sullivan has met once with her in three years, has filed nothing, and is missing an obvious 995 opportunity where the argument is already laid out on her client's facts. I provided a completed joinder pleading to Ms. Sullivan with her name, address, bar number in the header and a signature line for her to sign, but still no response. Since Tomlin really didn't even try to place any blame on her, and since the DA's office has already extended a very sexist conditional dismissal offer to her via Trent Timm, maybe the DA's office would consider cutting her loose in order to avoid the delay that would come with a successful Marsden motion. If her joinder is allowed, the Court will likely cut her loose anyway, on all but the misdemeanor H&S §11377 count, which isn't worth trying. Considering it's been three (3) years since this occurred in which time neither of us has been charged with any new offense in Humboldt *which is double the time for a Penal Code §1000 DEJ dismissal, cutting Sarah loose or offering her an unconditional H&S §11377 makes sense for the remaining parties, and I imagine she would take it.
In an effort to point you in the direction of truth and justice, assuming you still genuinely believe the blatant lie that I was dealing heroin, I am declaring the following witnesses, and encouraging your office to save the taxpayers money and actual conduct a normal investigation in this matter in the days before trial instead of the political campaign/witch hunt that it has been to date:
1) Shelley Aubrey, of Eureka, CA . This is and has been the only witness that matters. Unlike the plethora of investigators at your disposal, I tracked her down myself to solve the mystery of how her prescription bottle of Suboxone ended up in my house, since I had never met nor heard of her. Her statement is contained in the attached draft declaration, which, after she reviews for accuracy she will be signing. She is also willing to speak with a DA investigator and she plans to testify for the defense, if necessary, at trial. Corroborating her statement are 1) Bernstein's video which shows Tracie's cell phone directly next to the black toiletries bag upstairs, and 2) the DA's own factual basis as stated in court during the recording of Tracie's guilty plea to the possession of Suboxone on February 4, 2020 (which should be considered res judicata or collateral estoppel as to the possession of Suboxone if not the entire toiletries bag), and 3) the anticipated results of DNA tests to be performed in the near future (which will show Ms.Aubrey's and Tracie Nichols DNA on and in the black toiletries bag and its contents, and will exclude me from being the possessor of those items.)
If you really are seeking the truth and justice as a DA's Office, and not just a win for political gain, if you really take your oaths seriously, and if you really believe that Tomlin didn't fool you and that this is not a conspiracy by law enforcement officers against me, then you will send an investigator to interview Ms. Aubrey. She is willing to take a lie detector test, to cooperate with any DNA testing, and certainly to testify for the defense at trial.
[BTW, as to the conspiracy "theory" as you label it, apparently Matt Tomlin had named it Operation "BIRDCAGE" according to Tomlin's seized property inventory receipt that the DA's office has provided to me), so it's more than just a "theory." Former Agent Tomlin has also more recently leaked probably confidential information to the defense (likely in response to the initiation of an internal investigation against him) that Tracie Nichols personally knew and had contact with Sheriff's Department Lt. Shaun Sapoaga (then S-4, and Tomlin's direct supervisor) before February 4, 2020, contrary to Tomlin's own prior representation that no involved law enforcement officer knew Tracie Nichols before that date. Tomlin went on to state that Lieutenant Sapoaga used his position to make sure that Tracie Nichols was charged separately from Sarah Carroll and myself, and that she was given other assurances regarding her case.
Finally, if you check the dispatch tapes from February 4, 2020 between 4 pm and 6:30 pm, which were provided to me from Broadcastify.com, you will hear dispatch call a DMV CFS re: a stolen Harley Davidson motorcycle involving Tracie Nichols, which the CHP responded to, and then a few minutes later you will hear dispatch call "per S-4, 10-22 on the DMV investigation of Tracie Nichols" and something like "we will send someone down to explain." 10-22, as you know and as I learned, translates in cop talk to "disregard." So, Lt. Shaun Sapoaga ordered that Tracie Nichols be given a pass on a stolen vehicle investigation at the DMV just two hours before execution of the search warrant. The two CHP officers involved can corroborate this (whom I reserve the right to call if necessary, as well as Shaun Sapoaga, who has conveniently relocated to Idaho.) Sarah Carroll was with Tracie Nichols at the DMV (because Tracie had hired Sarah to drive her around that day after Tracie totalled her vehicle two days prior) and personally knows that Tracie Nichols had that black toiletries bag in her possession along with some other bag and her purse, and also knows that neither the CHP nor the EPD unit that had responded after the CHP's arrival, searched her bags for contraband. A couple hours later, Tracie Nichols walks into my house, three minutes after that, DTF shows up at my door on a 7 day old search warrant.
So, call it what you want, but government employees are not incapable of making off-record agreements between each other and the informants they handle (and you admit to at least 10 informants in this case) that involve violations of the civil rights of their targeted suspects. And, since the warrant was seven days old, and the investigation was over six months old, it's only fair to say that I was a targeted suspect. Conspiracy is a not a politically correct term I suppose, so I will call it from now on just "an agreement between two or more persons to violate my civil rights under color of law."
Her last known contact info for confirmation is as follows:
I am not posting the addresses from the email on the blog.
(She may have moved from this address, but within the City of Eureka.
2) Michael Levine ( called "America's top undercover agent for 25 years" by 60 Minutes, is the New York Times bestselling author of Deep Cover, and a former DEA agent of 25 years.) Declared as my Expert Witness, whom I intent to Qualify in the following areas:
Undercover Operations,
Police Misconduct,
Informant recruitment, Management and Corroboration, (attorney general’s guidelines),
Investigative Procedures, including but not limited to, advanced interrogation and interview tactics, evidence handling, report writing and documentation of all procedures,
Narcotic/Drug Enforcement (all areas),
Undercover use of informants to entrap,
Police Misconduct,
Official Corruption,
Reasonability of Arrest tactics including but not limited to raids and the execution of search warrants, and
Cooperation deals
Mr, Levine will be flying in from New York to testify as to the simple possession versus intent to sell issues, on chain of custody and other flaws of police procedures in this case, and of the signs and likelihood of "an agreement between two or more persons to violate my civil rights under color of law" in this matter. Mr. Levine happens to be an expert in actual, real government conspiracies and has bulletproof credentials, so we will get to hear his expert opinion on what to label to put on this set of circumstances.
3) Maria Camacho, designated civilian analyst for DTF in this matter, and also, at the same time, my client (she was sentenced for felony possession of methamphetamine for sale less than a week before execution of the search warrant on February 4, 2020). She will testify that she introduced Shelley Aubrey to Tracie Nichols, and that to her knowledge I didn't know Shelley Aubrey before that date. She will testify that she was asked to count my money for the DTF in my house after I was arrested and taken away, that she determined that I had $1200, and that DTF then left my money in her possession, rather than taking it into evidence or putting it on my books. This directly contradicts Tomlin's testimony that he only removed less than $200 from my pockets. She will also testify that she witnessed a DTF agent who personally came to the Red Lion Hotel parking lot on February 5th or 6th, 2020 regarding the return of Tracie's money that was seized during the raid. Finally she is also willing and able to truthfully testify under oath that she personally knows that Tracie Nichols was the person in possession of the Alprazolam/Xanax seized because she herself was the one who provided them to Tracie Nichols just the day before the search warrant was executed.
Her contact info for confirmation is as follows:
I am not posting the address on the blog.
4) Tracie Nichols, human intelligence source and operative under the supervision of former Lt. Shawn Sapoaga (S-4)
Tracie Nichols will testify that she knows Shelley Aubrey and will corroborate all of Shelley Aubrey's story, and she will admit that she knew Lt. Shawn Sapoaga before February 4, 2020, that she had police contact at the DMV and her bags were not searched, that she was in possession of the entirety of the black toiletries bag found upstairs, which she had left in my office after I had gone downstairs to let the police in, and that she had only arrived at my house with Sarah Carroll and Ashley Asti less than five minute or so before the police had arrived. She is also able and willing to testify that DTF told her at the scene that if she claimed the heroin upstairs she would not get her money back (well over $10,000) , but if she didn't claim the heroin upstairs she would get her money back, so she didn't claim the heroin upstairs, and she got her money back a couple days later at the Red Lion Hotel and by personal DTF courier. She will also testify that she was the last one arrested at my house, but the first one booked at the jail, that she was let out on her own recognizance by the jail, and that Maria Camacho then picked her up from the jail. She will also have to testify that she admitted by guilty plea that she was the possessor of the Suboxone found upstairs and that there was a factual basis for that plea.
Acosta's email to me:
But you can see how the defense's case in chief at trial is going to shape up with the witnesses listed and expected testimony developed so far.
On the other side, the prosecution's case in chief consists of former Agent Matt Tomlin (of "confidential informant porn" fame), Deputy Maxwell Soeth (of "$900,000 settlement for shooting Jake Newmaker in the back" fame, and Special Agent David Erler (of "police car versus baby carriage" fame in 2015), all of whom have fairly serious histories of internal investigation. So it's looking like the DA's "Scream Team" versus the Defendants' "Dream Team" (with "America's Top UnderCover Agent" Michael Levine of the DEA as my police procedures expert, the highly acclaimed Serological Institute of Richmond, CA as my DNA lab and expert, and my star witness Shelley Aubrey whose indicia of ownership was actually in the black toiletries bag with the allegedly felonious contraband in it.
It's as easy as 1-2-3-4:
1) Ms. Aubrey will tell the real story of her possession of the small black toiletries bag containing her Suboxone prescription and how Tracie Nichols took possession of it and added contraband to it, including the Xanax provided by Maria Camacho, in the three days before I was falsely arrested, straight from the owner's mouth.
2) Maria Camacho will corroborate this by testifying that she provided those specific Xanax pills found in the black toiletries case to Tracie Nichols and that she never provided Xanax pills to me.
3) Sarah Carroll, my codefendant, will testify that she was with Tracie Nichols when Tracie purchased the heroin and the "mystery" powder of suspected DMT found in the bag from various sources (but not me) in various places (other than my house) in Humboldt County for her personal use in Hyampom, CA (where it is apparently difficult to get these things). She will also testify that Matt Tomlin lied under oath during our preliminary hearing about written communications from her that day.)
4) Serological Research Institute will corroborate that story with trace DNA testing that will find Ms. Aubrey's DNA on the small toiletries bag and the Suboxone container, Tracie Nichols DNA on the heroin containers and scales, Maria Camacho's DNA on the Xanax pills, and at the same time, SRI will scientifically exclude me as the possessor of those items.
5) Former DEA Agent Michael Levine will explain to the jury how it is that the police came to the wrong but foregone conclusion of who possessed the felonious contraband found in my house and how the DA's office was misled or turned a blind eye to the available means of determining the truth, through his expert analysis and opinion of their flawed and biased police procedures. He will also provide his expert opinion re: whether former Agent Tomlin and his team, and quite possibly the DA's office, conspired to violate my civil rights by intentionally overlooking the truth.
5) DNA EXPERT, TBD
Serology Institute in Richmond, CA will be doing the trace DNA testing of the black toiletries bag and its contents. More info will be available soon.
6) Sarah Marie Carroll, by then former codefendant, address known
7) Rex Bohn, address known
8) Officer Taylor
9) Officer Steele
10) Bryan McBeth
11) Ashley Asti
12) Heather Taylor
13) Trevis Perkins
14) Walgreens pharmacist/ custodian of records-TBD
15) CHP officers
subject to additions.
6/23 Court minutes:
You can read the court minutes in Acosta's case for Associate Justice Stuart Pollak's rulings. Carroll's filings were rejected by the court clerk.
Retired Judge John Feeney recused himself from Acosta's case on 6/23.
6/30: An amended motion to disqualify the Humboldt County DA was filed by Acosta. If there is anything worthwhile to update from this afternoon's hearing, I will add it next week.
Previous posts:
https://johnchiv.blogspot.com/2023/06/da-finally-responds-to-acostas.html?m=1
https://johnchiv.blogspot.com/2023/06/michael-acosta-calls-out-rex-bohn-and.html?m=1
https://johnchiv.blogspot.com/2023/06/michael-sends-motion-to-ca-doj-to.html?m=1
https://johnchiv.blogspot.com/2023/06/i-think-mr-acosta-is-entitled-to-argue.html?m=1
https://johnchiv.blogspot.com/2023/05/matt-tomlin-claimed-acostas-partner.html?m=1
https://johnchiv.blogspot.com/2023/05/missing-pages-conflicting-claims-tomlin.html?m=1
https://johnchiv.blogspot.com/2023/05/acosta-wants-all-charges-dismissed.html?m=1
https://johnchiv.blogspot.com/2023/05/michael-acosta-is-back-to-representing.html?m=1
https://johnchiv.blogspot.com/2023/04/humboldt-superior-court-rejects-michael.html?m=1
https://johnchiv.blogspot.com/2023/03/will-court-grant-michael-acosta.html?m=1
https://johnchiv.blogspot.com/2023/02/trial-confirmed-plea-yet-another-change.html?m=1
https://johnchiv.blogspot.com/2022/07/deal-or-no-deal.html?m=1
https://johnchiv.blogspot.com/2022/06/we-hadnt-received-offer-in-two-years.html?m=1
https://johnchiv.blogspot.com/2022/06/trial-dates-confirmed-or-last-minute.html?m=1
(way too many previous posts in this 2020 case to link them all)
More previous posts, these referring to Jane Mackie, same cell phone data and discovery:
https://johnchiv.blogspot.com/2022/06/we-hadnt-received-offer-in-two-years.html?m=1#more
https://johnchiv.blogspot.com/2021/10/michael-acostas-letter-will-piss-off-da.html?m=1
https://johnchiv.blogspot.com/2020/06/michael-acosta-says-das-office-refused.html?m=1
https://johnchiv.blogspot.com/2020/07/discovery-third-party-culpability-and.html?m=1
(this last post has links to more posts)
Related post:
https://johnchiv.blogspot.com/2023/05/both-victor-campos-and-michael-acosta.html?m=1
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