John Chiv: "I think it is absolutely a miscarriage of justice for your client " to attempt to run out the clock "on conditions set by me"

Feb 23, 2024

"I think it is absolutely a miscarriage of justice for your client " to attempt to run out the clock "on conditions set by me"

I already did a detailed post last week on the People's motion to recommit convicted upskirter, sex offender and former court mediator Joseph Hall to jail. No other media was there last week and no other media was there today.

Hale was there with his wife. The motion was continued to this morning. Mendocino Judge Ann Moorman was very clear this last week that this would be the last continuance on this motion. She already revoked Hale's probation so time can be tolled.

Hale is trying to weasel his way out of finishing his jail sentence and claiming he has medical appointments. Hale is now represented by Deputy Public Defender Ryan McClurg. Mendocino Deputy DA Dale Trigg was specially assigned as prosecutor to this case.

Of course, Mr. McClurg strategized with Hale prior to the hearing and both of them know how to work the system. If this was any other defendant, that person would be finishing the sentence in jail. There is another hearing on 3/25.

If you don't want to read details, you can get an idea from the highlights in the next paragraph until I update the post chronologically.

Even though Mr. Trigg is leaving Mendocino County and starting at the Sonoma County DA's office effective March 5, he will stay on this case. Judge Moorman comes well prepped knows the law, cites when paperwork is filed and McClurg's nonsense does not work with her. She also has to make sure that she does not give Hale any reason to appeal. There were documents probation did not file or the court did not have. Humboldt Judge Timothy Canning who had recused himself on this case signed an order releasing Hale from Humboldt.Did he have the legal authority. I received a vague tip about this last year but when I asked the name of the judge, the person did not respond or provide me with evidence. This order by Judge Canning is not in e court. Judge Moorman finds about this out in court today. This is the way Humboldt Superior Court treats a fellow judge from a neighboring county having to take on cases that involve judges and employees of the local courts. Judge Moorman is a member of the California Judicial Council and Humboldt Superior Court judges and administration thought they could get away with treating one of their own differently and get away with it. This happened under Judge Gregory Kreis' watch.

Hale then went to Santa Rosa and then returned to Humboldt. That order is not even in e court. I took screenshot today after court. I tried to find out why Hale was released in October and eventually added a screenshot about Hale being released to a medical facility.

Mr. McClurg had to repeatedly put in place with facts, court records and was argumentative after Judge Moorman had ruled. More disrespectful than I ever saw former deputy Public Defender Rory Kalin in court advocating for his clients. McClurg won't be fired because he is a part of the good ole boy Humboldt lawyer club.

Mr. McClurg who used to work in Humboldt, left and came back. You can put in minimum effort if you play the game in Humboldt. It does not work with a law and order judge who has been assigned to Hale and the Gregory Kreis, Luke Brownfield, Marek Reavis cases. People who are supposed to watch out for the community and are now a part of the caseload in the Humboldt criminal justice system because they think they are above the law.

If you read my post on the last hearing, the Humboldt Public Defender's office botched serving paperwork to Mr. Trigg. They got appropriately called out by Judge Moorman. So Mr. McClurg had the nerve to state on record, " I have not received a motion to recommit. I reached out to the Mendocino DA."

Judge Moorman asked Mr. McClurg if he received the notice and the declaration of DA Investigator Ryan Hill. She even gave the date of the filing.

Mr. McClurg told Judge Moorman there were number of issues. He asked Judge Moorman if she had received the Probation Department memo. She said she did not. Hale was booked into the Humboldt jail in August. Mr. McClurg said Hale was released from Humboldt jail on October 13, flown to a Santa Rosa medical facility. On October 25, he was transferred to a local facility "where he remained until November 11, 2023. Mr. McClurg said Hale was never given any order to recommit. "The Humboldt COs said, 'we hope never to see you again."

Mr. Trigg said, "How does Judge Canning who has recused himself have legal authority" to sign an order releasing Hale out of custody.

Judge Moorman said she was also surprised.

Mr. Trigg said he filed a notice to recommit. "There has been talk about medical issues, we haven't seen any evidence."

Mr. McClurg said that according to the declaration, Hale was released according to a medical reason.

"When do you plan to surrender?" Judge Moorman asked. Mr. McClurg saud Hale has been seeing his primary physician since August for "ongoing medical care and they are monitoring a blood clot." There was a February 21, 2024 letter that Mr. McClurg informed Judge Moorman about in court. Hale is supposed to see a cardiologist on March 7.

Judge Moorman did not mince words. "He hasn't satisfied I think it is absolutely a miscarriage of justice for your client " to run out the clock "on conditions set by me."

I would have had the exact quote but Hale's wife thinks she can pipe up during a court proceeding and needs to get over that she is not entitled to behave like the courtroom is her living room.

Mr. McClurg said, "we are agreeable to extending probation."

"I'd like to see the letter," said Judge Moorman. "I'd like to see Mr. Trigg see the letter. Put the medical issues in the pleading.

Mr. McClurg still tried to make excuses to keep Hale out of jail. He questioned "whether the jail will receive Hale on a medical condition."

"We need a person here from the jail at the next hearing," said Judge Moorman.

"Humboldt jail medical staff is reluctant to make statements on record for fear of liability," said Mr. McClurg.

Judge Moorman said jail staff would be at the hearing if she ordered them to be there.

Mr. Trigg did not get a memo from probation dated February 5, 2024. It was not filed with the court. Judge Moorman had it filed during today's hearing.

"Is he abiding by conditions of release?" said Judge Moorman.

Screenshot of documents filed in Hale's case which I took on 2/23/24: