Help the Sheriff's Office find the suspect responsible for killing two dogs

On 05-19-2014 at about 1:27 p.m. the Humboldt County Sheriff’s Office received a telephone call from a Caltrans employee, who reported finding two deceased dogs hanging by a rope, next to Highway 36 just west of Dinsmore. When the deputy arrived on scene he saw two adult size pit bull dogs, hanging from a rope by their rear legs from a tree. The two dogs were located on the east side of Highway 36 near mile post marker 38.62. The first dog was white in color and the second dog was brindle in color. It appeared that the two dogs had been shot in the head.

There was a large sprayed painted wooden sign near the two deceased that read, “All stray dogs must die”. The Deputy cut down the two dogs from the tree. The area was checked for any possible witnesses with negative results. The closet residence to where the dogs were located on highway 36 was approximately ½ of a mile.

The Sheriff’s Office is requesting the public’s help in identifying the suspect or suspects that are responsible for killing the two dogs. If anyone has information on this incident they are encouraged to call the Humboldt County Sheriff’s Office at 707-445-7251.

He would not let me get past him...he put his hand between my legs

Taraya Rives, the witness who claims Bodhi Tree groped her at Rhett August's house on May 13  testified this morning. She was at a party at Rhett August's house that evening and was invited there by Rhett's girlfriend. She had seen Bodhi Tree around but met him for the first time that night.

There was detailed questioning by Elan Firpo who is prosecuting the case, step by step asking what occurred that led to three guests beating up Bodhi Tree.

Ms. Rives was nervous, often saying she did not recall exact words. Summary of her testimony is that Bodhi Tree put his arm around her almost immediately after she got there, she was uncomfortable, she went downstairs to smoke a cigarette. On her way back she encountered Bodhi Tree on the stairs. After the stairs incident, she was yelling. The male guests came to her aid and they beat up Bodhi Tree.

 She said Rhett August and his girlfriend did not participate in the beating but three other guests beat Bodhi Tree over being inappropriate with her and then because he would not leave the party and premises.

The most graphic and uncomfortable part of her testimony was that on her way back from smoking, Bodhi Tree blocked her way on the stairs, would not let her get past him. She entually gave him the hug he asked for just to get away from him. That is when he groped her. He put one arm around her and with the other reached between her legs and touched her.

Ms. Rives would not look at Bodhi Tree. Even when told to identify him she looked briefly at him then away. Bodhi Tree was shaking his legs when she first testified about the inappropriate behavior and staring at her through most of her testimony.

She was consistent in her testimony when Ms. Firpo and Casey Russo, Bodhi Tree's attorney questioned her.

During Mr. Russo's cross, he did get her to admit Bodhi Tree told the guys who beat him that he had just got of prison and did not want any conflict. He asked her if she read a police report and when she got that. She said today.

During redirect Ms Firpo got Ms. Rives to say she had independent recollection of events, police report just helped her refresh memory and answering Ms. Firpo's question she said Ms. Firpo did not tell her what to say.

In her testimony, Ms. Rives said that Bodhi Tree did not fight back and that the other guys were "pounding" on him. She said his face was "purplish" and he had "two black eyes".

Charles Edward Crow was the People's second witness today. Testimony started after break. Andy Truitt is representing Charles Crow and was in court when he testified. Crow is the driver who drove Sean Butler Smith and Bodhi Tree to Eureka on May 15. That is the night Rhett August was shot. Today's testimony ended with Mr. Russo's starting cross of Crow and Mr. Russo's cross of Crow will continue tomorrow.

Crow was a reluctant and belligerent witness. He testified on the night of May 15 when Bodhi Tree was accused of shooting Rhett August, he wanted to go home to Trinidad. Sean Butler Smith, whose testimony is what ties the two murders together, knew Crow because they went to the same elementary school.

According to Crow, he was hailed by Smith as he was driving home to Trinidad from a friend's house in Arcata. Smith asked Crow to drive to Eureka from Arcata. Crow said he was under the impression he would drop off Smith and a dark skinned man who accompanied Smith. He was given directions "turn by turn" said Crow.

During the rest of his testimony, he gave the same timeline as the prosecution of the events that led to the alleged shooting of Rhett August and exactly what Ms. Firpo described in her opening arguments.

When Crow was in the car waiting near the J street residence, he said and heard 5 gunshots and Smith's friend ran back to the car, Crow said he thought, "I am going to get in trouble for something dumb." He had no idea anyone had a gun, no idea why he was driving these two people to Eureka. Crow said that Smith and Bodhi Tree stiffed him for gas money. According to Crow, he dropped Smith and his friend near the Pleasure Center and Subway in Arcata.

Ms. Rives seemed nervous but Crow was resentful. He used that word in describing how he felt about Smith and his attitude was that of a very hostile witness. In her opening arguments, Ms. Firpo mentioned that except for Sean Butler Smith, the others were hesitant to come forward, and had to be served with a subpoena.

Update: Lt. Wayne Hanson confirms Teresa Marie Wold missing from Blue Lake found and is safe

I called Lt. Hanson this morning. He confirmed that Teresa Marie Wold missing from Blue Lake found and is safe.

HCSO Press release:

Deputies from the Humboldt County Sheriff’s Office, along with Sheriff’s Posse Search and Rescue volunteers located Teresa Marie Wold just after 12:00 a.m. on 05/19/14, in an abandoned cabin off of Maple Creek Road, approximately 13 miles East of the Maple Creek School. Wold had been involved in a minor accident on her motorcycle and had no cell service to call for help. After spending most of Saturday night in the rain and cold, she located the cabin and built a fire to stay warm and out of the elements until help arrived. Wold was not injured. Family members responded immediately and picked up Wold and her motorcycle

Missing female from Blue Lake, no sign of her or her motorcycle;

On 05/18/14 at approximately 1245 a.m. the Humboldt County Sheriff’s Office received a telephone call from a male subject who identified himself as Steven Pettit. Pettit wanted to report his live-in girlfriend of 22 years, identified as Teresa Marie Wold, as a missing person. Pettit told a Sheriff’s Deputy that he and Wold had attended an event at the E&O Bowl in Blue Lake on 05/17/14. Wold rode her motorcycle to the event and Pettit drove a separate vehicle. The event ended at approximately 6:00 p.m. and the two left separately. Teresa did not arrive home.

Pettit stated that Wold suffered a brain aneurism and underwent brain surgery in March, 2014 He said that although she does suffer from mild temporary memory loss he does not feel that she would have forgotten her way home. Pettit said that it is out of character for her not to have returned home after the event. It is unclear what Wold’s direction of travel was when she left E&O Bowl. Her cellular telephone goes straight to voicemail.

Area hospitals were checked, as well as the Humboldt County Correctional Facility, and Wold has not been admitted or booked. The Humboldt County Sheriff’s Office, the California Highway Patrol and Wold’s friends and family have been checking area roadways for any signs of Wold or her motorcycle. The California Highway Patrol launched an Airplane this afternoon but was unable to fly beyond the Willow Creek area due to weather conditions.

Wold is described as a white female, 5’7” tall, 220 lbs., blonde hair, and green eyes. She is 51 years of age. Her motorcycle is a Maroon 2008 Harley Davidson Softail, California license plate number MORYDZ. She was last seen wearing a bright yellow shirt, blue jeans and a tan leather vest with a “Fog Dogs” logo on the back.

Anyone with information is asked to contact the Humboldt County Sheriff’s Office at (707) 445-7251 or the California Highway Patrol at (707) 268-2000.

The Timothy Littlefield story the mainstream media did not cover; another juror gives perspective

On May 9, I posted on this blog that the Timothy Littlefield case would be retried, possibly due to juror misconduct. Since I was not in court, I wanted to verify and get some information.

The next week, the NCJ and Times-Standard followed up. Those publications said that the case has a retrial and that a mistrial was declared due to juror misconduct. The first time this case was tried, the jurors deadlocked 11-1; the second time, all jurors found him guilty of 11 charges and he was sentenced to eight life sentences without parole. The District Attorney's Office is appealing Judge John Feeney's decision to the State Attorney General. That's it.

So who do you believe? The juror who did not sign the sworn affadavit  until May 5, 2014. In his affadavit, he claims he did not realize the defense had no burden of proof. But this did not dawn on him until he talked to the defense's investigator.

According to the sworn affadavit on May 5, this juror received a phone call in September 2013 from a private investigator, Kevin Stonebarger, who asked him if he was willing to talk about his time spent as a juror. Fair enough. Attorneys for both sides do that. The timing was shortly after the verdict was reached in the 2nd trial.

Russ Clanton who represents Timothy Littlefield has been vocal about his client's innocence. He has been quoted and has talked with me. He went to great lengths to get the verdict thrown out. There were motions filed with the Court after the verdict alleging that advocacy groups were communicating with witnesses. They were denied.

This affadavit comes after these other attempts failed. It was in this affadavit that this juror suddenly had questions about the victim's grandmother and mother. Again, a claim made by Mr. Clanton when defending Littlefield.

The victim is a young family member, Littlefield is someone she knew and trusted.

Even Mr. Clanton has been quoted saying that District Attorney Paul Gallegos, Judge John Feeney and he all gave explicit and clear instructions to the jury about burden of proof.

In this affadavit, the juror Michael Lynch, claims that the prosecutor and the investigating officer were communicating with other jurors. This was conveyed to Mr. Lynch by Mr. Stonebarger.

Mr. Stonebarger did not witness any such interactions or he would have reported them, he said.

It seems that Mr. Lynch came to several conclusions and a change of heart after speaking with Mr. Stonebarger.

In court, under questioning from the Judge, Mr. Lynch claimed differently and said that he did know that only the prosecution had burden of proof.

So which is it Mr. Lynch? When were you telling the truth? In the jury room when you deliberated and agreed with the other jurors? When you signed the affadavit? Or in court to Judge Feeney?

Having been a juror locally, covered and sat in on many jury trials, the Judges are serious, the attorneys hammer the point over and over again that the prosecution has the burden of proof. That is what jury selection is about.

Since I have been covering the Cook cases and a few cases, a concerned community member has anonymously communicated with me and has commented on my blog. I had no idea who this person was, except that he or she appreciated my coverage of the courts and the child molestation cases.

When I did the recent Littlefield post, I was contacted by this person. I have spoken to this individual who was a juror in the same trial. I will not reveal this person's identity because I do not want this individual harassed or intimidated into silence.

Here is what this person had to say to me initially via email:

"Seems like a ridiculous decision to me, months after the trial, one juror says something to Clanton's investigator, as easily misspeaking as anything, and even after on the stand saying he knew that the burden was with the prosecution, the verdict can be tossed?

 All three parties (Clanton, Gallegos, Feeney) gave explicit and clear instructions throughout the trial and at the start of deliberations about the burden of proof and the necessary standard for conviction. The jury unanimously decided that burden was met (easily, I might add). Suddenly none of that matters because one of the jurors has second thoughts (possible coerced or otherwise influenced by the defense, something that is forbidden during trial for this very reason)?

The limited coverage makes the mistrial sound extremely suspicious. A convicted child rapist was set free and we have almost no information as to why. Your coverage of the courthouse is as good as any in the county, I hope you can shed some more light on this."

This person summarized what many feel.

When I spoke with this individual, this person said "I had a business card left at my place from Kevin Stonebarger. Did not call him back"  Seems like one juror caved in; the question is why.

 I don't just accept what Paul says to me. I ask questions beyond the surface. That is why he does not respond to me. Thad and Will are writers I respect but it easy to accept Paul's reasons when you don't know the personal history of the attorneys, their views on certain issues; these opinions do affect the cases they try. There is often an untold story behind certain cases.

We ask a jury to base their decision on evidence. Yet attorneys can have feelings that may bias them but can be masked under procedures. We have excellent Judges and good attorneys locally and they do a good job.

The decision to appeal to the Attorney General, some attorneys feel is a lost cause, it will be denied. Judge Feeney, according to these lawyers, did not make a bad ruling, juror misconduct is a serious allegation.

A person is entitled to a good defense. Timothy Littlefield has a lawyer who believes he is innocent. Yet, something about this sudden change of heart does not add up.

Come to your own conclusions. 

Message from Alan Sunshine Marcet's grandmother to Christina's family and friends.

She left this comment on the blog. I thought this was worth sharing.

"I am Alan (Sunshine) Marcet's Grandmother, I'm 82 years of age and live in Alabama. Am unable to be at the trial, as is my daughter, Nancy Jo Marcet, mother of Sunshine. She is an International School Teacher and out of the country working. It is with deep regret that we cannot be there in person. Our hearts' and love are with Alan and Christina's family and friends".

Nancy Marcet has also commented. Having met Christina's mother and just from the emails from the Marcet family, you can see these two wonderful people were surrounded with love.

Armed robbery, set up or coincidence?

On 05-15-2014 at about 0800 a Deputy spoke to a victim on the telephone, who wanted to report that he was robbed at gunpoint on 05-14-2014 at about 7:00 p.m. The victim was calling from Windsor, California to report that he works for a trucking company based out of Windsor. The victim said last night he made a delivery of soil to a customer, who met him at the Salmon Creek exit at Highway 101 in Miranda. The victim said after the customer picked up the soil bags he was paid cash and the customer left.

The victim said after the customer drove away an approximately 25 foot, cream colored, Winnebago drove up and stopped at his location at the Salmon Creek exit. Two male suspects got out of the Winnebago and one of the suspects asked the victim if he had any money. One of the suspects then pointed a pistol towards the victim and demanded money. The victim then handed over an undisclosed amount of cash to one of the suspects.  The victim said that one of the suspects grabbed his cellular telephone and threw it on the ground breaking the phone. The suspect then told the victim, now you can’t call the cops. The victim said that the suspects then got back into the Winnebago and drove away. The victim said he drove back to Windsor then called our office to make a report.

The two suspects are described as the following:

1) 30 year old, white male, approximately, 6 feet tall, 175 pounds with dreadlocks.
2) 30 year old, white male, 220 pounds with dreadlocks.


The Sheriff’s Office is requesting if anyone has information on this incident to please call the Humboldt County Sheriff’s Office at 707-445-7251.

Timothy Littlefield posted bail and is out of custody

He was released yesterday at 2 p.m.

Click it or Ticket; wear that seatbelt!

Eureka Police Department wants to remind motorists to Click It or Ticket.  In order to enforce this reminder, beginning Monday, May 19th, officers will be joining in the 2014 national seat belt enforcement mobilization and cracking down on motorists who are not belted.

Even with a seatbelt usage rate of 97.4 percent, California still has 800,000 or more who aren’t buckling up.  In a crash, they stand a 50 percent greater chance of being killed than those who have taken the two seconds to buckle in.  In an on-going effort to reach those remaining safety hold-outs, police, sheriff and the California Highway Patrol (CHP) departments across the state will be taking part in Click It or Ticket from May 19 through June 1.

“Memorial Day weekend kicks off the summer vacation season, and we want to ensure that everyone arrives at their destination safe and sound,” said Senior Traffic Officer Gary Whitmer. “If you are not wearing your seat belt, you will be ticketed.”

According to new data released from the Department of Transportation’s National Highway Traffic Safety Administration (NHTSA), fatalities are up nationwide for the first time in five years. In 2012, 10,335 people who were killed in motor vehicle crashes were not wearing their seat belts. NHTSA data also details how more traffic vehicle deaths occur at night. In 2012, 61 percent of passenger vehicle occupants killed during the nighttime hours of 6:00 p.m. – 5:59 a.m. were not wearing their seat belts.  

“Wearing a seat belt is one of the easiest and best things you can do to protect yourself in the event of a car crash,” said Rhonda Craft, Director of the California Office of Traffics Safety. “Taking a few moments to properly secure yourself and all your passengers before going on your way could mean the difference between life and death.”

The cost for a seat belt violation in California for unbuckled vehicle occupants over age 16 is a minimum of $161 for a first offense. The penalty fees for failing to properly buckle up any child under the age of 16 is a minimum $490 per child for a first offense, plus a violation point will be added to the driver’s record. If the parent is not in the car, the driver gets the ticket.

For more traffic safety information, visit the California Office of Traffic Safety at www.ots.ca.gov or the National Highway Traffic Safety Administration Click It or Ticket mobilization, www.nhtsa.gov/ciot.

Gantner resists officers when they try and detain him; arrested for marijuana, mushrooms and manufacturing of a controlled substance

On 05-15-2014 at about 12:30 p.m. the Humboldt County Drug Task Force assisted by the Eureka Police Department and the Humboldt County Sheriff’s Office served a search warrant at a residence located in the 1300 block of Harris Street, Eureka.

Officer detained 4 male subjects located at the residence. One of the male subjects gave a false name to the officers on scene. That subject was later identified as Steven Timothy Gantner age 36 from Eureka. Gantner also resisted the officers when they went to detain him in handcuffs.

When officers searched the residence  they located a Butane Marijuana Honey Oil extraction lab in the residence along with multiple cases of butane canisters. Officers located 9 grams of Psilocybin Mushrooms, 36 pounds of dried marijuana trim/leaf material, 19.7 pounds of concentrated cannabis and a total of 535.3 grams of Butane Honey Oil. Officer seized 29 growing marijuana plants from inside of the residence. Officers seized $ 5,690.00 dollars in cash in this case for possible asset forfeiture.

Steven Gantner was arrested for manufacturing of controlled substance by chemical extraction ( Hash Lab), cultivation and possession for sales of marijuana, possession of Psilocybin mushrooms, resisting arrest and providing a false name to law enforcement. Gantner was transported to the Humboldt County jail and his bail was set at $500,000 dollars. Additional Gantner was booked on two warrants for his arrest out of the state of Minnesota for marijuana related offenses.

The other three subjects were released at the scene and were determined to not be involved in this case.

This case is still under investigation by the Humboldt County Drug Task Force. If anyone has information of this case or any other drug related issue they are encouraged to contact the Humboldt County Drug Task Force at 707-444-8095.

Bodhi Tree Trial Day 2

Day 2 is Officer Amber Cosetti testifying with photographs supporting her testimony of what she saw when they arrived at 1936 J Street. Photos of screen door, alley, bullet on first step of stairwell.

So far supports Officer Cosetti's testimony and prosecution theory. Christina's mom not here today but other friends are; less people in the courtroom today.

One new piece of information today from Officer Cosetti's testimony is that other than marijuana no other drugs or drug paraphenilia found.

While people's photos were being entered into evidence, first time Bodhi Tree spoke and was louder than a whisper communicating with Ms. Holmquist. Most emotion or animation he has shown at any court proceeding so far. And he communicated with Ms. Holmquist several times during today's court proceedings.

He has in the past looked at the clock during a court hearing but today he turned several times and looked at the clock and whispered to Ms. Holmquist. Not sure why but it isn't like he can go somewhere during the course of the trial. He is in custody.

Testimony on the second day also included EPD senior detective Todd Wilcox and PSO Linda Schwend.

It is hard on days like today to convey what happened in the courtroom when testimony relates to visual evidence. You have to be there.

Today's testimony focused on evidence found, how it was collected and defense trying but failing  to raise doubt in their questions. Quite often Mr. Russo's objections were overruled by Judge Reinholtsen today.

Mr. Russo in his questioning was able to get the prosecution witnesses that in one photo the garbage can may have been moved but there was no acknowledgement that it was during evidence collection. Similarly, a question about civilians coming in and out of the crime scene whete Rhett August was shot but Mr. Russo did not ask nor was it proven that it happened during evidence collection.

One such objection about Det. Wilcox not being a qualified expert was something Ms. Firpo turned around in court to a positive. She asked questions, laying the foundation and establishing that the Detective could testify to a photograph that depicted a bullet gouge in the wall .

The defense made claims in opening arguments about the police investigation and evidence and prosecution theory; so far with two days of testimony, the prosecution has done a very detailed and through job with testimony of backing up the timeline and theory Ms. Firpo presented in her opening argument.

Jurors listened attentively as Ms. Firpo through the testimony of Officer Cosetti, Det. Wilcox and Ms. Schwend accompanied by aerial photographs and actual photographs of the 1936 J street residence, where Rhete August was shot at on May 15 by Bodhi Tree. Photographs of a bullet on the first step of the stairwell, photographs of bags filled with processed marijuana, red circular stains consistent with blood that has been wiped up in the hallway and kitchen, the trash can behind which allegedly Bodhi Tree hid and shot at Rhett August were all shown.

Randy Cook booked back in custody

According to jail reports, he was booked at 9:45 p.m. He is back in custody.

Jail is not all about incarceration; "We want to prepare the inmate for society; we want to reduce recividism"

I did a walk thru of the Humboldt County Jail with Lt. Marco Luna, Operations Lieutenant, Custody Services Division yesterday.

First stop where every inmate brought into custody is taken in. We walked from pre-booking and every step until  when an inmate is released. Even the attorney and client meeting rooms. I got to see the different housing units: general population; maximum security, the kitchen, the classroom. There are also female housing units, Cal-Trans units.

As I walked with him, whether it was correctional officers or multiple murder suspect Jason Warren that we ran into; Lt. Luna commands respect.

"The old jail facility was a barred, linear facility," Lt. Luna told me. "It was controlled by the inmates." By law, every half an hour we had to do a cell check. The inmates were good when we were watching but when we were not around, there were crimes committed and we were always reacting".

With this new facility, there are no bars. The officer spends time with 70 plus inmates with direct supervision. "Now we can be pro-active instead of reacting," he said. The maximum security is still cells with the inmates given breaks and time to come out shower and make phone calls.

The housing unit we spent some time observing was for general population and there was one female officer on duty. Some people were in their beds, some taking a shower, couple others watching one of the two TVs in the unit. Not everyone gets to watch TV or be in general population.. There are certain privileges afforded for good behavior. "The better you behave, the better the environment."

Even someone brought in for a DUI can spend the time they need to sober up either watching TV in a lobby or in a cell. All depends on behavior and the individual.

People who are "vulnerables such as mentally ill or disabled; someone who the general population may take advantage of are housed in lockdown. Also if you are violent.

There are evaluations about housing and work conditions which are made to ensure the safety of the inmates as well as the staff because people who work at the Jail are career staff, said Lt. Luna. "It takes a special kind of person to deal with some of the conditions. You have to clean up after someone who may have urinated, spit at you and keep control. It takes communications skills and to know how to manage behavior."

There are programs such as AA, NA, Religious Studies; Meditation available to inmates. Responding to criticism that this is too comfy an environment for people in custody, Lt. Luna responded with, "Not every one in County Jail is someone who has been convicted."

The jail is working with College of the Redwoods to offer college ready courses and cognitive training. "We want to prepare  the inmate for society; we want to reduce recividism," Lt. Luna told me.

"Majority of the individuals, up to 85% are situational inmates," said Lt. Luna. "They are normal individuals like you and me when they are off drugs. We provide structure they don't have outside."

Lt. Luna said "this is the nicest, most modern facility north of Sonoma County."

With AB 109, there are additional programs for someone to earn good time that can apply towards their sentences in jail. Inmates learn skills by working in the kitchen or programs such as SWAP or Cal-Trans work program.

What you make of your time in custody is up to you. Lt. Luna is sympathetic to the local challenges of staying away from drugs and alcohol but he firmly believes in providing the tools and encouraging people to return and assimilate productively in society.

Peace Officers Memorial Day

Chief Andrew Mills has announced that the flag at the Eureka Police Department will be
flown at half-staff Thursday May, 15th as a proclamation of Peace Officers Memorial Day.

A memorial service will be held at the flagpole May 15 at 9:30 a.m. to recognize and honor
the officers who have died in the line of duty.

Detective Charlie Swanson, Reserve Officer Pat Mitchell, and Police Officer Pete Carroll died
while working for the Eureka Police Department. Their sacrifice and dedication is appreciated
and will not be forgotten.

Highlights of defense opening arguments in the Bodhi Tree trial

Heidi Holmquist who is defending Bodhi Tree along with Casey Russo opened her remarks with, "I am proud to tell you and the entire community the truth about this case." I looked up what Bodhi Tree's name meant and it is a Sanskrit word meaning enlightenment.

Ms. Holmquist was very forceful and did not mince words in her opening remarks.

"What you will  hear is enlightement about how police investigations are conducted, how a person can be arrested on the word of a known heroin addict, " she said. Ms. Holmquist talked about Bodhi Tree's previous arrest.

Ms. Holmquist said that Bodhi Tree was intoxicated at the party and she did acknowledge that he "hit on a woman" at the party, that he was at the Eye Street house on and off on May 16 and 17. That Bodhi was intoxicated when Arcata law enforcement interviewed him.

The intoxication affirms the prosecution account of Bodhi Tree consuming alcohol during the same time frame.

"At no time did they tell him he was being charged with homicide," said Ms. Holmquist. She mentioned the word of a heroin addict for the second time. "Mr. Tree is not the muderer, he was an easy target, no one saw the crime."

Ms. Holmquist said that "evidence will show Mr. Marcet and Ms. Schwarz were not boyfriend and girlfriend. There is no evidence of confrontation."

Again she mentioned reliance on the word of a "known junkie." Pointed out that no gun was recovered and said "Sean Butler-Smith who was intoxicated during his interogation is someone who will say anything to get his next fix." She said he is on felony probation and alleged that police gave his heroin back to him after "he gave them what they wanted to hear."

"The prosecution wants you to take Sean Butler'Smith's word as end of the story," said Ms. Holmquist. "Throughout this trial the story is twisted to fit the prosecution's theory. Mr. Tree is not a perfect person but he is not a killer. All you will find in this case is reasonable doubt."

The morning concluded with the questioning of Officer Drake Goodale and Officer Cosetti who will continue her testimony tomorrow. The two officers are witnesses to the Rhett August shooting which occurred in Eureka. Mr. Russo is questioning the Eureka witnesses and Ms. Holmquist the Arcata witnesses.

Highlights of prosecution opening arguments in the Bodhi Tree trial

Elan Firpo started her opening argument with the date of the first incident, May 15,  which was the alleged shooting of Rhett August and for which Bodhi Tree is charged with attempted murder. She described the apartment, the time, 11 p.m. , described the scene. Rhett goes to the answer the door, cannot see who is there but the porch light indicates someone approached the door. Peers through the security screen, still no one in sight. Opens the door and walks out in the darkness Says hello. 3 to 5 shots ring out and the 2nd shot hits Rhett.

All he sees is muzzle shots, does not see who shot him, hears more shots and footsteps on the gravel driveway. As she was setting the scene, Ms. Firpo pointed out the releavance and connection of the driveway. He lifts his shirt and sees he has been shot. Goes up to his apartment and tells this to his friends. They think he is kidding until he shows them his wound. Ms. Firpo tells the jury that Rhett had to have part of his lung removed. "He has no idea of who and why he was shot," said Ms. Firpo.

She told the jury that the police did their investaigation, that "there is no good reason" why Rhett August was shot. "I am going to tell you what we believed happened."

Then she tells them about a few days ago when Rhett and his friends had a party. "They run with a wild crowd," she said. "One of the people he invited was Mr. Bodhi Tree." Ms. Firpo said Rhett and Bodhi were not good friends. But they knew each other.

According to the prosecution, at the party, a female guest rebuffed Bodhi Tree's advances, he groped her, she complained. Several men at the party came to her defense. They jumped and beat Bodhi.

"Rhett will tell you he did not participate or encourage the beating but he was present. Bodhi left some items which Rhett delivered on May 14," said Ms. Firpo. No communication between the two that day.

"You will hear Bodhi was pissed, " said Ms. Firpo. "You will hear from the police that Bodhi hid behind the trash can (when he allegedly shot at Rhett August). Rhett talked to the the police officers at the hospital. Between May 15 and May 28 there was another shooting, by that time the police have a theory." May 28 was the second time the police spoke to Rhett.

Ms. Firpo then described the Eye street shooting involving Christina and Sunshine. "When the police arrived, they find a temporary bed in the living room. The female victim dead, a roomate applying pressure to the male victim's chest. Sunshine died later." Several gunshots, roomate describes a black man with a tatoo that says Tree, identified later as the defendant. Roomates found his personality "off-putting." Ms. Firpo related an incident by one of the residents at the Eye street house where allegedly Bodhi Tree got very upset about a sweatshirt he had left in her room and when she moved it.

Again, allegedly Bodhi Tree put the "moves on Christina", her boyfriend Sunshine tells him to "back off" and they are both shot at close range. Ms. Firpo said that Bodhi Tree shows a firearm to one of the witnesses. That he was missing after the shootings. Sean Butler-Smith is the prosecution witness whose testimony ties the two incidents.

Ms. Firpo then related the testimony of two witnesses, Charlie and Sean that allegedly drove Bodhi Tree to Rhett August's house. How he ended up at the Eye Street house. Sean took him there. "Sean Butler Smith is not a person who normally talks to law enforcement but he knew he took Bodhi Tree to the Eye Street house," said Ms. Firpo. Prosecution has subpoenaed other witnesses who refused to testify, "they are not showing the same courage as Sean Butler-Smith."

Ms. Firpo said the police did investigate other leads, it is their job. She did state they had not recovered the firearm used in the shootings. Ms. Firpo was also upfront about Sean Butler-Smith's heroin use.

Ms. Firpo was very calm and spoke in a firm but gentle manner when she addressed the jury. She used Bodhi and other witnesses first names and nicknames several times instead of Mr or Ms. and did the same with the victims which I thought was very effective. It personalized those involved.

Two officers fired at by William Nelson ,Deputy Cao and Sgt. Swithenbank

The Humboldt County Critical Incident Team (C.I.R.T) through their joint investigation learned that the suspect, William Nelson fired his handgun at the two officers. The two Officers fired back with their duty issued handguns after the Deputy was shot. The Officer who was shot in the chest area is Deputy Bang Cao, who has been employed with the Humboldt County Sheriff’s Office for about 6 ½ years. Deputy Cao is currently still on paid administrative leave, until the investigation is completed by C.I.R.T. Deputy Cao is at home and is still recovering from his injuries and is under the care of a local doctor. The second Deputy involved in the Shooting is Sergeant Ken Swithenbank, who has been employed by the Humboldt County Sheriff’s Office for about 25 years. Sergeant Swithenbank is also currently on paid administrative leave until the investigation is completed by C.I.R.T.

William Nelson is still currently being held in the Humboldt County Correctional Facility for attempted homicide of a peace officer and convicted felon in possession of a firearm and his bail has been set at $ 600,000 dollars.

Bodhi Tree Jury Trial first day; opening arguments compelling

With his locks shaved, dressed in black slacks, Bodhi Tree walked with his attorneys into Courtroom 4. Light day on the 2nd floor, the hallway is not as packed.

Only Times Standard, Channel 3, myself and the jurors sitting at a distance as we wait to enter the courtroom.

Trial started a couple minutes ago, a few minutes late. 6 family members and supporters of the victims are in the courtroom. Judge is giving pre- trial instructions to the jury.

Other attorneys and members of the public came in at different times during the morning and approximately 20 people were in the audience .

Elan Firpo, who is prosecuting the case , in her opening argument set the scene for the jury for both shootings, introduced highlights of witnesses testimony and involvement and explained the prosecution theory and evidence.

The prosecution theory paints a sexually aggressive man;, angry when his advances are rebuffed by women; angry at their boyfriends and friends who protect them; a man who doesn't fit in and someone who shot 3 people unexpectedly in the dark.

At one point when Ms Firpo quoted what Mr. Tree allegedly said to a witness, "I got 2 more" after he allegedly shot Christina and Sunshine, Christina's mom looked over at Bodhi Tree. She was calm and peaceful this morning and sat stoically through the proceedings. You can tell where Christian got her good disposition.

The Defense presented their opening after the morning break. Heidi Holmquist's basic assertion, which she mentioned at least 5 times, is that the prosecution is basing their case on the testimony of a known unreliable heroin addict.

Both the prosecution and defense made powerful opening arguments with Ms. Firpo and Ms. Holmquist's styles being very different.