John Chiv: 2024

Apr 26, 2024

First Humboldt Reddit, now Twitter X giving live coverage and faster than Humboldt media on scene

It has been verified. At 2:10 CalPoly Humboldt sent out a press release. 4: 44 update: "The offer for protestors in the buildings to leave with a guarantee of no immediate arrest has been extended to 5 p.m. Those who walk out peacefully by the deadline will not be immediately arrested and will be able to leave campus without being arrested. This does not, however, eliminate University conduct-related sanctions or legal implications. In addition, voluntarily departing in this way will be considered as a mitigating factor in University conduct processes and may reduce the severity of sanctions imposed."

John Provolt failed to appear in court yesterday for trial setting in his indecent exposure case.Trial setting was continued and a bench warrant for $10,000 was issued and held until that date. Ms. Andrea Sullivan is Provolt's attorney. Deputy District Attorney Candace Myers appeared on the case for the People. More details about the case in my April 11 post.

Elder and one of the alleged victims in Socorro Cervantes' criminal case is also requesting a restraining order

Former Humboldt Superior Court assistant operations manager Socorro Cervantes was arraigned today in the criminal case for her 2024 arrest. In the criminal case, Cervantes is charged with 6 counts which include two counts of burglary, one count of robbery, one count of petty theft, one count of evading a peace officer and one count of theft from elder or dependent adult. Alleged victim for four counts is William Edgar Puryear, alleged victim for petty theft count is Jeremy Michael Tout and the officer is not named in the complaint. Dates were also scheduled in her 2023 case. She had a bench warrant in that case and had failed to appear in court.

She has another 2024 lawsuit, a request for a temporary restraining order by Puryear was granted by Commissioner Sarah Kaber. There is a hearing scheduled on 5/17. Cervantes is a former tenant. Mr. Dustin Owens is Puryear's attorney in the civil lawsuit.

On April 25, 2024, at approximately 10:31 a.m., the Sheriff’s Office Emergency Communications Center received a 911 call reporting a person had been shot in the 2400 block of Fern Street, Eureka. Deputies were immediately dispatched to the area. While deputies were enroute, it was learned that a White Male Adult walked up to a 75-year-old woman who was standing in front of her garage with her sister and shot at her multiple times. The woman was struck by gunfire, and the suspect fled on foot westbound on Fern toward Walnut Avenue.

On March 20, I did a post on a first amended qualified domestic relations order in ousted loser Gregory Kreis' family case. I regularly check cases I report on this blog and saw there were some new filings in Kreis' family law case.

Kreis is not only a sore loser; he is stupid. In his filings, Kreis says he will have no income as of May 27, 2024. Earlier this week, I wrote Kreis is going to be on vacation from 4/25/24 to 5/25/24 and not returning to Humboldt Superior Court.

Kreis' recent filings in his family law case alone show he is clueless, incompetent and dumb when it comes to the law, still in denial about why he lost the election and vindictive.

You can read in the court filings the claims he is making about Ms. April Van Dyke who beat him by a substantial margin in the March 2024 election; former Deputy Public Defender Rory Kalin who sued him and me for my coverage. People he could not intimidate and silence. I dont know his ex wife and divorces are messy but I do know him and have observed Kreis for over a decade. In addition to my own observations about Kreis, there is the behavior alleged in the 21 counts in the Commission on Judicial Performance and Kreis has been called a bully and worse by attorneys and others in the legal community for decades.

Kreis the unremorseful, don't yap in public spaces to multiple people about the CJP proceedings or your future or proposed personal and professional plans. If you are stupid enough to talk about stuff where anyone can overhear your conversations and who you are talking with, then don't be pissed at what people in a small community know about you or find out about you.

If you told multiple people, including attorneys yesterday that this is your last day in Humboldt court and something like you will still be around, then you should not be surprised if that information gets around and quick.

Is the information about you renting space for a law office near the Courthouse the truth or was it bait and a lie put out there by you or someone else for an ulterior motive? Whether you are renting an office is hard to verify because you may or may not be renting from an attorney or someone else "informally". There are several office spaces near the Courthouse. I did check 322 I street and the Carson building. I am not getting into more specifics right now about why I say that information maybe bait. Guess Kreis and those so curious about me and my reporting will have to wait.

The legal community all over California speculated weeks ago and said that you might try to earn money as a lawyer. The CJP, the judge in your family law case should investigate if that is in the works because it will either confirm or contradict you stating in a court filing that you lose all your income starting 5/27/24.

I don't know yet if the Commission on Judicial Performance has cut a deal with you and is negotiating with you but I hope they are paying attention. Looking at your actions and words since the notice of formal proceedings was posted, how will you behave once the CJP proceedings conclude?

Your not returning to Humboldt Superior Court as a judge speaks louder than any of your claims and denials. If you are so innocent as you claim, you would not have settled your lawsuit with Kalin. That is a claim you make but there has been no proof provided. If you cut a deal with the CJP, you are doing it to avoid more serious consequences.

Kreis the incompetent, you claim to be a judge and a lawyer. Those words next to your name are an insult to the profession. Why have you made allegations in these filings and referred to me with no proof about the claims and stated certain facts which are incorrect.

Kreis claims he does not read my blog. There is no way for me to know whether he does or not and therefore I will not make that claim. What I can say is that he is aware of what I write.

He knows I wrote about the email sent to court staff this week about him going on vacation and not returning. In his filings, Kreis referred to photos and his ex wife being at Ms. Van Dyke's celebration. I was the only one to cover that event and post those photos.

In these filings, Kreis claims that his ex wife Brenda Elvine made a letter available to the press, possibly a local blogger. Does he have proof that she provided that letter to "press" or a local blogger?

I was the only one who posted that letter written by his ex wife and the first one to post it. That letter was widely read and attributed to me.

By insinuating that I got it from his ex wife, Kreis has stated an untrue fact. I did not get that letter from Brenda Elvine and I have never had any contact with her. The first time I saw Brenda Elvine was at Ms. Van Dyke's election party and we did not speak. I have told numerous people including attorneys over years and months that she has never contacted me or spoken with me.

That letter was was in a motion for new trial filed by former Deputy Public Defender Rory Kalin's attorneys. I have been regularly covering that lawsuit and posted many court documents from that case.

Posting court documents is something I do on a regular basis on my blog. I also get other public documents just as I do election filings. It takes a lot of time, effort and going to obtain it in person but that is traditional shoe leather journalism. I do not ignore relevant news like other media nor do I care about anyone's status.

https://johnchiv.blogspot.com/2024/02/in-deposition-kreis-ex-wife-of-30-years.html?m=1

Kym Kemp asked me for Kreis' ex wife's letter and permission to publish it on her site, RHBB.

Most of the local "press" has ignored covering Kreis until they were forced to after the CJP notice of formal proceedings and some of the "local" entrenched media did a sloppy job and were rightfully called out by the public. Kreis singled me out by unsubstantiated claims in this filing.

I wrote in that February 21, 2024 post,"Kreis is telling people that if his ex-wife talks badly about him and he loses income, that she is the one who won't get her money. "

From these recent filings, looks like Kreis is following through on that statement. The filings also confirm what I posted about him selling his house.

I am not going to post certain documents such as the income and expense declaration because it contains personal financial information and the names of Tanya Ellis' children who are minors right next to where he lists her as his "fiance." Kreis is so illiterate he can't even spell the word fiancee correctly.

There was a denial of the temporary order requested by Kreis on 4/19/24. Hearings keep getting vacated in the Kreis family law case but as of today, there was still a hearing scheduled on 5/20 for a permanent order regarding spousal support. After this post, an order was entered in e court and the hearing has been continued by stipulation to 5/30.

Michael Acosta is ineligible to practice law in California

On April 15, I reported that Gerald McGuire did not want Michael Acosta as his attorney anymore in his lawsuit against County of Humboldt. On 4/19, Acosta was removed as counsel. McGuire is representing himself against Deputy County Counsel Thomas Chapin. 4/19 court minutes state that Retired Judge Christopher Wilson noted Acosta is unable to practice law. I had previously reported in one of my posts in Acosta's case that his conviction record had been sent to the California State Bar.

For a small police department, Rio Dell Police Department does a great job. They made an excellent choice to hire Chief Greg Allen. I hope he runs for Sheriff. As a former HCSO Sgt and someone I have seen in the field, in the courts, Chief Allen's experience, temperament and professionalism is what Humboldt needs.

I am not doing multiple posts just because a defendant has cases scheduled three times in a week. This isn't just for Brandon Widmark. It happens with other cases too. Widmark has picked up a new case which should have been filed in 2023. Yesterday, one of Brandon Widmark's 2023 cases was on calendar as well as a new fugitive from justice case filed against him in 2024. The latest case is for an outstanding warrant from Oregon.

Brandon Widmark was arraigned on 3/13/24, he waived identity hearing on 3/20 and the review hearing has been trailing the 30 day review of the extradition hearing has been trailing his other Humboldt case. That hearing has been continued to 4/26.

Yesterday, arguments were held on the defense 995 motion in one of Brandon Widmark's criminal case. 4/23 CR2301419A Brandon Widmark. People dismissed Ct 11 VC 20001 (b) (2) hit and run injury and will file an amended information. Ms. Rebecca Linkous Linkous said she filed a petition for mental health diversion. Judge Steven Steward said it was not in the court's file and it was not in e court as of 4/24. Judge Stewart's ruling on the 995 motion is on 4/26. A 5/7 hearing on motion for disposition of property is scheduled. Trial confirmation and jury trial dates in June remain as scheduled. There is another 995 motion scheduled on 4/29 in Brandon Widmark's other case.

On April 22, I did a post on a civil lawsuit filed against Brandon Widmark by Shawn Gallagher.

Deputy District Attorney Whitney Timm had not filed anything about retrying Nick Martinez; at least it is not in e court as of this morning. The case was scheduled yesterday for sentencing and trial setting. Judge Steven Steward denied Ms. Timm's request to continue sentencing. The DA is retrying Martinez on Count 1 and 4. There was a hung jury on those two counts. Martinez was found not guilty on Count 2 . The jury convicted Martinez on Count 3 and he was remanded into custody yesterday to serve 90 days with credit for 21 days; he was placed on probation for one year and has to register as a sex offender. Martinez is on no bail on Ct 3; bail bond remains in effect to Count 1 & 4. Ms. Andrea Sullivan is Martinez's attorney.

The hearing on Danco's request for a workplace harassment order against Aunna Bollman was already continued on 3/29. I am sure it will be continued again today. HCSO has been unable to serve Bollman. The hearing was continued again to 6/21. With 9 open cases and two additional cases in which restraining orders were granted, Bollman should never have been allowed to remain out of custody.

Sentencing for former HCSO Lt. Sam Williams and is going on currently. There are more supporters here for Lt. Williams; about 14 people including his daughter, fellow church members including Pastor Andy and his wife Cindy and Brian, an investigator from the Public Defender's office who previously worked for Probation. That side of the courtroom was full. More people would have been to support Williams. Some law enforcement had other work obligations including waiting to be called for preliminary hearings.

I reported previously that Deputy Public Defender David Celli has filed a motion to reduce the felony to a misdemeanor. That motion was denied by Judge Timothy Canning.

Williams' wife and her lover were in court. Sitting with them was Victim Witness Advocate who has to be there. A probation representative was sitting on that side. Other than those four people, that side was empty. Deputy District Attorney Emily Norgaard who was the prosecutor for the preliminary hearing briefly stopped in today.

Williams has lost his job and his pension.

Instead of the recommendation of 120 days in jail and felony, Judge Canning sentenced Williams to 90 days in jail and two years felony probation. Williams is eligible for SWAP. Commit to jail date is 5/18.

Case dismissed! Rawson would never have been arrested or charged had there been proper investigation and vetting

After his preliminary hearing yesterday, the 2023 case against Jack Rawson was dismissed. Judge Steven Steward did not find sufficient evidence to hold Rawson for the charge of felon in possession of a firearm.

Since he was arrested, I knew some information and had there been proper investigation before Rawson was arrested or even before charging him; all this could have been avoided. I am aware of Rawson's past. After years of not hearing about him; there is this arrest in 2023. Rawson must feel vindicated. Will he make a video?

(2024 booking photo)

Former Humboldt Superior Court assistant operations manager Socorro Cervantes drunk in public, aggravated trespass arrest and embezzlement conviction. Today, HCSO was arrested again on burglary and other charges.

I have covered Socorro Cervantes since 2015 and covered her embezzlement case in detail. I will be adding court documents for her 2023 case. She failed to appear for arraignment in CR2301852 and a bench warrant was issued on 7/26/23.

On April 17, 2024, deputies with the Humboldt County Sheriff’s Office Marijuana Enforcement Team (MET) served a search warrant to investigate illegal Indoor cannabis cultivation in the Berry Summit area of the County.

( open corporates )

Barnum Timber Company and CS Timber LLC notified of Fish & Game violations in conjunction with cannabis cultivation. I contacted Bill Barnum because the letter to Barnum Timber Company was sent to Elk Grove, Illinois which is the mailing address for CS Timber LLC. Mr. Barnum was not even aware of this until I contacted him so is looking into it and I will update the post with his response.

I then received this from Sgt. Moore at 10:19 a.m.

Regardless of it being "sent in error", it was sent out to local, regional and national media including the Associated Press. Other than there being no date, the Barnum Timber Company is local and has a local registered address in Eureka. If there are no violations, Fish and Game can send me something stating that clearly. Barnum Timber Co and CS Timber LLC can take up the "error" with Sgt. Conan Moore and HCSO.

If media was just not supposed to get it but there is an investigation, the information has been received and this is information relevant and of interest to the community. If Fish & Game is going to make allegations about a well known, local, generational family and is making errors, then the rest of their information should be vetted.

4/24: Mr. Barnum has sent me a response. "Barnum Timber Company, LP sold that 80 acre parcel several years ago. Not sure why HCSO could not figure that out." Open Corporates information is not always up to date. Mr. Barnum clarified the status of Barnum Timber Company, Inc. "That entity existed from 1974 to 1986. Our present company is a limited partnership formed in 1985."

CalPoly Humboldt calls protest "dangerous" and an "occupation"

(title of CalPoly Humboldt press release)

The press release is from the CalPoly Humboldt and is their version of events. Then there are the tweets about Cal Poly Humboldt and the police response. Only two posted below. Last year's coverage about Cal Poly student sleeping in cars, Josiah Lawson has been mentioned in some tweets. So far,locally, regionally and nationally on Twitter X, Cal Poly Humboldt is being referred to HSU, Stoner U and students are getting more support. The water cooler dispenser is a star on Twitter X. CalPoly Humboldt issued another update on 4/23 which claims three protesters were arrested overnight. The jail log is a day behind so only one arrest was listed. CalPoly Humboldt says an unknown number of students have occupied another building in the area. The 4/24 update says CalPoly Humboldt is closed for the weekend and maybe beyond that date. They have a link for future updates. I did receive a 4/25 press release and am not posting daily updates with just selective information that can be read on CalPoly Humboldt's website. On 4/26 the University posted an initial response answers to protestors demands on the website.

Despite multiple arrests, multiple failures to appear, bench warrants being issued and several continuances Palavi Vainuku aka David Michael Vainuku had three cases dismissed by the DA on 4/19. Those cases were CR2200563B, CR2203331, CR2301266. He pleaded guilty in CR2300970 to Count 1 HS 11350 (a) possession of a controlled substance. Count 2 was dismissed and he was sentenced the same day.

Judge Lawrence Killoran placed Vainuku on two years probation and he has to stay away at least 50 yards from Bayshore Mall. Vainuku was sentenced to 15 days in jail but given custody credits for the same amount of time. Ms. Rebecca Linkous is Vainuku's attorney. Deputy District Attorney Alex Grotewohl appeared in court for the People on 4/19.

You heard it here first.

Ousted Gregory Kreis is gone. An email was sent out to court staff today from Humboldt Superior Court CEO Meara Hattan saying that Kreis is on vacation starting April 25, 2024 through May 24, 2024. and will not be returning. Arrangements will be made to cover Courtroom 7.

I have contacted Ms. Hattan. I don't know yet if this is related to the Commision against Judicial Performance formal proceedings against Kreis but I am confident that is the reason . I have contacted the CJP. I dont know if they can or will comment. I asked if it was related to the Humboldt Superior Court news and if it was, will there be something on the CJP website.

I contacted the CJP because Kreis has always had the option to work something out with the CJP instead of taking this to a hearing. Just like a defendant takes a plea deal instead of risking more with a jury trial; Kreis is on the same boat. If he resigns, he avoids being removed from the bench. If he isn't removed from the bench, he could be an attorney.

Kreis isn't remorseful. He just wants the option that will allow him to still make money, spin his resignation and avoid taking responsibility for the lives he ruined and the thousands of dollars he cost people. Kreis is a coward. He settled with Kalin. He knows if there is a CJP hearing, he will be further humiliated and exposed. Good riddance to Humboldt's little Napolean.

I have written many times since 2020 when I first reported about Kreis being investigated that he should resign. I have written before he was ousted by the voters that he had a plan "B." I had previously mentioned Kreis would be moving and heard that again today.

(Brandon Widmark)

The moment I saw Shawn Anthony Gallagher Jr's name on the calendar, I remembered reporting about his arrest in 2022.

Today, there was the first case management conference in Gallager's lawsuit against Brandon Widmark for negligence. Gallagher Jr is being represented by Los Angeles' Wilshire Law Firm. Another CMC scheduled for 8/23/24.

The law firm chances of collecting any $ from Widmark brothers is slim. Maybe they will add County and City of Eureka?

There was no hearing today in Humboldt County vs former Deputy County Counsel Cathie Childs because the settlement agreement was finalized, the complaint against Childs was dismissed and the preliminary injunction was terminated after ousted Gregory Kreis signed an order yesterday. Childs has to return materials to the County and each side has to pay their own legal costs and fees.

Deputy District Attorney Emily Norgaard and her husband Alex Grotewahl are leaving Humboldt County and going to El Dorado County.

This is a loss for victims and adds to the exodus of experienced, professional prosecutors who have left during the Maggie Fleming and Stacey Eads administrations.

Apr 20, 2024

Humboldt county inmate habeas petition is one of three more lawsuits filed against County of Humboldt

Attempted murder and criminal threats suspect Ryan Thomas Smith is suing the County of Humboldt. I reported on Smith's arrest by the Fortuna Police Department last November. The habeas corpus petition was filed by Smith in February 2024.

Smith and two other lawsuits filed against the County of Humboldt are listed under closed session on the agenda for the April 23 Humboldt County Board of Supervisors meeting.

Citizens for a Better Eureka appealing the ruling granted on motion to dismiss by the Wiyot Tribe

In addition to the appeal filed by Eureka Housing for All against City of Eureka that I reported on April 16, another appeal has also been filed in one of the four lawsuits filed by Citizens for a Better Eureka against City of Eureka. This is appealing the ruling by Retired Judge John Feeney who granted the Wiyot Tribe motion to dismiss.

All of Bruce Smith's "personal files were returned to him, with the exception of any pornographic material"

After reading the 4/16 order issued by Judge Timothy Canning, what more do we not know about Bruce Smith?

Smith sued his former employer, Premier Financial Services. There was a motion for attorney fees requested by Smith's current attorney Ms. Cyndy Day-Wilson for$42, 900 and $7,700 for Smith's previous attorney Daniel Blomgren. That motion was denied by Judge Canning.

All of Smith's "personal files were returned to him, with the exception of any pornographic material" Read the entire 3 page order by Judge Canning.

Smith did not have to file this lawsuit. Now, I question Smith's request to seal records given that his personal files contained pornographic material. He dragged a well known local business to court for something that could have been resolved privately.

Smith was represented by Cyndy Day-Wilson. Premier Financial Services by Harland Law Firm's Mr. Richard Smith.

First, Judge Joyce Hinrichs put off remanding stalking and criminal threats suspect Analia Martinez twice; unneccesarily and wasted time making the DA file paperwork twice. Now, an OR/bail hearing and trial setting for alleged molestor Steve Boudreaux scheduled for yesterday was continued to 4/22 and set before Retired Judge Christopher Wilson. Once again Judge Joyce Hinrichs asks people to file written pleadings. Boudreaux is charged with 7 counts and 4 special allegations. With pervs getting arrested every day in Humboldt; both these Deputy DAs have their hands full with serious cases, preliminary hearings, trials and CAST interviews.

On 4/17, County of Humboldt request for a workplace restraining order against Kathleen Marcotulli was granted. This signed order expires October 20, 2026.

Marcotulli was a no show. Commissioner Sarah Kaber acting as temporary judge made a disclosure that Marcotulli attempted to make ex parte communication with her. Commisioner Kaber did not read any of the messages and did not disqualify herself on the case. My previous post has the court documents and details of why the County filed this petition.

This is the second workplace restraining order granted for threatening County of Humboldt employees. The first one was against Aunna Bollman. Deputy County Counsel Thomas Chapin appeared for the County on both cases.

Baila Nmn Wane was arrested by HCSO yesterday for PC 261(a)(2) forcible rape of a minor. The DA has charged him with an additional count.

City of Arcata issued a lengthy press release just now. If you are confused, keep reading. Towards the end of the three page press release, the content matches the headline

City of Arcata issued a lengthy press release just now. If you are confused, keep reading. Towards the very end of the three page press release, the content finally matches the headline.

19 year old Carlos Ariel Martinez-Gutierrez was arrested by Eureka Police Department yesterday for PC 148 (a) (1) resisting arrest, HS 11378 possession of meth with intent to sell and HS 11351 possession for sale of a controlled substance; cocaine.

One CBE lawsuit dismissed, 3 CBE lawsuits nothing happening but civil appeal filed in Eureka Housing for All lawsuit against City of Eureka

Out of four lawsuits filed by Citizens for a Better Eureka, one was dismissed after the Wiyot Tribe's motion was granted by Judge John Feeney. Nothing has happened in the other 3 cases for months since CBE withdrew request for the preliminary injunction. In the fifth lawsuit filed by Eureka Housing for All vs City of Eureka, the demurrer filed by City of Eureka was sustained without leave to amend by Judge Timothy Canning, the Humboldt Superior Court case was closed. On 3/20/24 civil appeal was filed. Documents from the California First District Court of Appeal are listed below.

Security National never responded to my request about the status of the housing project on Indianola. It has been 13 days. EHA never bothered to inform media an appeal had been filed.

Today is day 10 of the Nick Martinez jury trial. This time includes jury selection, evidence and deliberations. This is a 2020 case. Ms. Andrea Sullivan was court appointed to this case in January 2024 after Conflict Counsel declared a conflict.

Jurors informed judge around 11:40 about status of deliberations. Verdict to be read at 1:30. Based on the readback requested, I have a feeling about the verdict. I will be in the courtroom this afternoon.

51 year old Theodore Earl Nelson was arrested yesterday by HCSO on a Ramey warrant. He was booked for PC 148(a)(1) resisting arrest, PC 182(a)(1) criminal conspiracy, PC 459/461(a) burglary, PC 594(b)(1) vandalism, VC 14601.1(a) driving on a suspended license, VC 14601.2(a) driving with a license supended for a DUI and FG 2000 illegal hunting, killing, or capturing of wild or game animals.

The charges match this suspect on the lam from a burglary in Trinidad.

https://johnchiv.blogspot.com/2024/02/two-repeat-offenders-arrested-one.html?m=1

Michael Black wanted to represent himself, bail of $90,000 changed to no bail after Black threatens Deputy DA in court

Until 2023, Michael Black had a Trinidad adress in court records. For his 2024 case there is a P.O. Box in Willow Creek. Black has a 2023 DUI conviction in addition to his 2019 conviction in the case involving his former lawyer and neighbor Russ Clanton.

On 4/12, the DA filed a complaint and a first amended complaint on the same day. His arraignment was continued by the court to this afternoon with an OR/bail hearing. Black was provided with a Faretta waiver form because he wants to represent himself. Bail is currently $90,000. There are two alleged victims for the two criminal threats charges and both charges allege the use of a hatchet. Black is charged with illegal possession of a Rogue Rifle Company Chipmunk. Fifth count alleged victim Deputy Wolff.

4/15 update: Black is not representing himself. Ms. Andrea Sullivan wa retained and was in court for the arraignment. Black was denied supervised release by Judge Lawrence Killoran. Then he started making comments at Deputy District Attorney Alex Grotewohl which Judge Killoran took as threats. Judge Killoran revoked his bond and now Black is on no bail status without prejudice. Black's custody status and criminal protective order can be addressed at preliminary hearing which is scheduled for 4/25.

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