John Chiv: I am not buying the PD's delay tactics on SVP Richard Stobaugh's hearing and neither did Judge Cockrum

Apr 29, 2025

I am not buying the PD's delay tactics on SVP Richard Stobaugh's hearing and neither did Judge Cockrum

On May 7, there is a public hearing regarding placement of sexually violent predator Richard Stobaugh at a proposed residence in Humboldt County. That could change based on the discussion in court this morning and Judge Kaleb Cockrum's ruling tomorrow.

On April 15, Humboldt County Sheriff Sheriff Honsal sent out a press release stating his opposition to Stobaugh's placement in Humboldt. In my April 15 post, I added some court documents on Stobaugh's case. In that post, I also exclusively reported Deputy District Attorney Whitney Timm is going to be appearing on this case for the People.

I checked on the court case. On 4/22, DA filed a document listed as comment to court re SVP. Today, there was a hearing on the motion for for subpoenaed documents by the DA from Coalinga State Hospital. No other media was in court. Court minutes for today's hearing had a four line synposis which is more than what is typical; usually it is a line or nothing at all. I had to sit for hours listening to piddly cases before this case was called to get details of the live coverage I have provided.

Today, Deputy District Attorney Trent Timm appeared on the case for Ms. Timm who is expected to be back in the office tomorrow and in court for tomorrow's hearing. Deputy Public Defender Jason Sheets appeared on behalf of Stobaugh.

Mr. Sheets told Judge Cockrum that Stobaugh was not present because he had no notice and "we were not served a subpoena." Mr. Sheets said he had no idea what records were subpoenaed.

Since Ms. Timm is the assigned prosecutor, I am going to see what she has to say tomorrow about Mr. Sheet's claims. I checked e court on 4/22 and I knew what records were subpoenaed and the hearings scheduled. The Public Defender's office has more access than the media and public do to information in e court . The daily court calendars attorneys receive also have a lot of information not available to the media or public.

I am not buying this delay tactic by the Public Defender's office and neither did Judge Cockrum.

"I don't think that is how it works Mr. Sheets," said Judge Cockrum. "The Court is in possession of two sealed documents. Both are subpoenaed by the DA. Both are from Coalinga State Hospital. One is in a box 8 1/2 × 11 and 8 inches thick and the other is a manila envelope with 20 to 30 documents."

Judge Cockrum said there were two options. "One Mr. Sheets agrees to stipulate to shared custody and the People make copies. Two, Mr. Sheets does not stipulate and the People decide..." As Mr. Timm suggested, Judge Cockrum continued arguments on the motion and his ruling to tomorrow.

"Had I been served, I would have filed a motion to quash," said Mr. Sheets. "Health records are confidential. We have a hearing on May 7. There are hundreds of documents. Most likely there will be a motion to continue."

"I need to hear why the documents are not relevant " said Judge Cockrum.

There is a pretrial hearing scheduled for 4/30 and if filed on time, the Public Defender's motion to quash.

Mr. Sheets said he had stated his reasons already. Tomorrow, the only new information will be anything presented by the DA's office and Judge Cockrum's ruling.

4/30: Again, no media was in court. Deputy District Attorney Whitney Timm appeared on the case for the People. DA Stacey Eads and DA Chief Investigator Kyla Baxley were present in court.

Regarding the motion to quash, Judge Cockrum cited Albertson vs Superior Court, " The People do not get unfettered access but they do get updated evaluations."

I believe Ms. Timm cited the case in her 4/22 filing. The case directly speaks to the subpoenaed records in this case and the situation.

The "unfettered access" is Judge Cockrum's opinion and verbage.

I did not buy Deputy Public Defender Jason Sheets' claim yesterday that he and Stobaugh were not served. Ms. Timm told Judge Cockrum, "that notice was served on Mr. Sheets and Mr. Stobaugh."

"The People need to know what Mr. Stobaugh is upto in the last year," said Ms. Timm. "The most recent evaluation of Mr. Stobaugh and CONREP notes from his treatment; those are the what I am requesting from the State Hospital."

Judge Cockrum said he had not seen the 4/22 filing. It was unclear whether it was not in the file or he missed it in the file. It was scanned into e court.

It is always hard to hear Judge Cockrum because he does not speak into the microphone and mumbled at times. That was an issue for the entire hearing and it is always an issue in his courtroom. When he was in Courtroom 2, there was one bailiff who always had to ask him to turn his mic on.

Jane Hu, an attorney from California Department of State Hospitals was at the 4/30 hearing. She said, "I don't have a position on the subpoena, I am asking to continue the May 7 hearing."

There were some additional remarks by Ms. Wu and which again could not be heard and I partially heard Mr. Sheets say something about the decision being already made to release Stobaugh from the State Hospital.

"I see it as a dynamic issue," said Judge Cockrum. "You are correct that it is settled; the release; but it is not locked in time. His behavior in the last year is relevant. The Court can change the decision if circumstances have changed. Here are the steps we are going to take."

Judge Cockrum told Ms. Wu she had to file a motion to continue. "It is a big hearing and it has been set for a long time. "I will read what Ms. Timm has filed and do an in camera hearing to see the records."

After all other cases were called, a breal, court was back in session. "I have read Ms. Timm's filing. Procedurally, there was a finding as Mr. Sheets pointed out to release Mr. Stobaugh conditionally. That decision was made based on the information available. The Court seeks periodic update about his performance in the program. I don't believe his treatment is confidential. The Court looked at the smaller of two records. Those records were largely about attendance/non attendance. The ruling is that these will be made available to Ms. Timm.

As of 5/2, nothing had been filed by the State Hospital or the Public Defender's office. In addition, Ms. Timm said that Mr. Stobaugh refuses to meet with the State Hospital evaluator. That is significant.

It is unclear who the May 7 hearing will be assigned to and if it isn't Judge Cockrum, what he said today may not be the decision by another judge. According to Judge Cockrum, the decision about who the May 7 hearing will be assigned to is up to Presiding Judge Kelly Neel and court administration. Given the interest in this case, that decision should have been made by now. The Medical Director provided more records than required. It does include records and I will limit those records."

Since I have provided court minutes, I am not typing out my notes on the details of what Ms. Timm has access to from the subpoenaed records.

"I generally agree with the Court ruling that the documents are relevant," said Ms. Timm. "I disagree with psychiatric records being limited. On May 7, the Court will primarily be looking at public safety. The Court will be looking at a number of sources. Dr. Murdoch's 2024 evaluation is relevant. This doctor said that Mr. Stobaugh had child porn in the State Hospital. If all we have is the the doctor's opinion but not the source of documents...CONREP also relied on certain documents."

"There are 1200 pages of documents on several categories from 2023 to 2025," said Judge Cockrum. He listed the categories and dates. He ruled the People "can also consider any documents relied upon by the State Doctor for the most recent evaluation and treatment documents. All other documents will remain sealed."

DA will provide copies to Mr. Sheets. There is another court hearing on May 6. Time estimate for May 7 hearing is 1/2 a day. Judge Cockrum said if he was the assigned judge he would not allow the public to "orally address the Court." Ms. Timm and DA Eads advocated for public comment. Judge Cockrum mumbled about statutory rule.