William Reid's sister described the horror of visiting her brother's home and discovering burnt belongings under the leaves touching her feet

William Reid's sister read a statement from her niece and it started with a happy memory of the last two visits when he went to see his family in New York. Then she read the following words from her niece:"It wasn't his sudden death, but the way he died that left my family heartbroken. It hasn't done any good for me to focus on the horrible death and the horrible individuals who killed my uncle. That is why I want you (the Judge) to hear the goofy stories and memories of my uncle."

Then Ms. Reid showed the Judge a picture of her brother. She presented the Judge with a petition signed by 700 people who want justice for William Reid's death. She said the people who suffered most were her parents. Her mother had been hospitalized with lung cancer around the time the family learned about his death. This was in addition to the breast cancer she had. This was the second child her parents had lost. Since the loss of her brother, her mother passed away. Her father is in hospital now, too weak to even write a victim statement. "This case has broken him."

Ms. Reid cried as she recalled learning how her brother had died. "My God, give us a sign that he was already dead" when his body was burned. "Limmie Curry threw my brother away like garbage but it is Limmie Curry who is garbage. He is a sociopath. Only a sociopath would throw a Superbowl party after violently murdering my brother."

William Reid's sister described the horror of visiting her brother's home and discovering his burnt belongings under the leaves touching her feet. She broke down at this point, paused a bit and then continued.

"He's been silenced forever, Limmie Curry took that light from us"

"Thanks for the ride operation mind fuck ..." ; Limmie Curry's father sends a cryptic message on behalf of his son

Limmie Curry's father has been there for his son since the first mistrial and for this trial. I have talked with him several times outside the courtroom. William Reid's family got to speak at Eddie Lee's trial, today in the court and has indicated she may later to the press.

Curry's father asked me to print a message he wrote on a card and handed it to me after court. And requested I type it verbatim.

"Thanks 4 the ride operation mind fuck. The journey of bullshit. Fuck all u bastards. N U know who the fuck U R. 2020 It is what it is."

He has expressed previously that he feels "his son was the fall guy".

Jury trial for Arcata chef stabbing suspect Juan Ferrer to proceed on April 6

A trial confirmation for a jury trial for Juan Ferrer who is charged with stabbing Arcata chef Douglas Anderson-Jordet was scheduled today. Ferrer is represented by Mr. Marek Reavis. DDA Roger Rees is prosecuting the case. In the last post, Judge Timothy Cissna met with the attorneys to see if they could resolve the case 'informally" but then told the attorneys not to discuss anything. There is no gag order in this case.

Mr. Reavis had previously said he would pull the time waiver in this case so that the jury trial would be a "hard set' for April 6. Trial Readiness is on April 2 at 3 p.m. and Trial Assignment: April 3 at 8:30 a.m.

Previous posts:

http://johnchiv.blogspot.com/2015/03/this-morning-at-830-in-closed-courtroom.html
http://johnchiv.blogspot.com/2015/03/sneak-preview-on-ferrer-defense-to-pull.html

"Limmie Curry threw my brother away like garbage but it is Limmie Curry who is garbage"

Judge Timothy Cissna sentenced Limmie Curry today for the murder of William Reid. The case was proscuted by DDA Kelly Neel and Curry was represented by Public Defender Casey Russo.

William Reid's sister, Marilyn Reid, read a grief stricken statement to Judge Cissna before the sentence was finalized this afternoon. "Limmie Curry threw my brother away like garbage but it is Limmie Curry who is garbage," was towards the end of her statement.

While she read her statement and one from her niece, Curry's stood silently with his attorney. His father and pastor were in the courtroom.

Once court was over, Ms. Reid walked out with Ms. Neel in tears and she hugged Ms. Neel. Victim Witness representative Marybeth Bian and Ms. Neel as well as DA investigators escorted Ms. Reid out of the building. Through victim witness, she said she would speak to the media later but was not ready to say anything at the moment.

Before Ms. Reid spoke, Ms. Neel addressed Judge Cissna explaining the circumstances of the plea deal. "This case has a long road to resolution. This resolution is not what the people prefer. There are evidentiary reasons," said Ms. Neel. I have covered the second Curry trial and his co-defendant's trial in detail so I am not going to include the summary Ms. Neel said in her post.

Ms. Neel reiterated what was testified in Eddie Lee's trial, that case, the circumstances that led to William Reid's death and that Curry had "no prior relationship" with Reid except through Eddie Lee. She brought up Eddie Lee's aqcuittal. "Mr. Lee was cooperative and willing to testify but the People have concerns about his credibility."

Ms. Neel brought up the fact that they could not locate Jessica Lee, Curry's girlfriend for this trial despite spending hours. They could have read her testimony but it would not have been the same as having her in court. Ms. Neel said that Jessica Lee would have testified that Curry admitted to her that he killed Reid.

Ms. Neel said that had this case gone to trial, "What Mr. Curry cannot get past in his trial is a phone call he made to his brother that he brought property in Blue Lake." She said both sides had issues going to trial and with the plea deal, "At least, we can hold one of the people responsible for Mr. Reid's death."

After the victim statements were read, Judge Cissna addressed Ms. Reid, "As you know, this agreement was reached between the defense and the prosecution. I cannot increase the sentence anymore than I can decrease it."

Curry plead to the highest term for the lesser charge of voluntary manslaughter which is 11 years. He got an additional year for the special allegation of being armed with a firearm at the time of committing the crime. He is ineligible for probation. He has credit for 1,058 days served in jail and 278 good time credits totalling 2,136 days of credit. Among the fines he had to pay is a $1,000 court fine, $3,600 restitution fine and the court reserved the right to reserve restitution of out of pocket expenses to the victim's family. "Upon release, he will be on parole for 3 years, said Judge Cissna. " He cannot possess a firearm for life.


Some of previous posts:
http://johnchiv.blogspot.com/2015/03/william-reids-family-allegedly-pissed.html
http://johnchiv.blogspot.com/2015/03/plea-deal-in-limmie-curry-case-12-years.html
http://johnchiv.blogspot.com/2015/01/eddie-lee-free-man-but-his-former-honey.html
http://johnchiv.blogspot.com/2014/10/eddie-lee-case-dismissed-judge-feeney.html

Victims and suspect knew each other in weekend Hoopa shooting

On 03-21-2015 at about 2:10 p.m. a Humboldt County Sheriff’s Deputy responded to the Kimaw Medical Center in Hoopa, regarding a 31 year old, male victim with a gunshot wound. While the deputy was responding to the medical center in Hoopa the Humboldt County Sheriff’s Office received another report regarding two more male gunshot victims at a residence on Redwood Grove Road off Pine Creek Road, Hoopa.

The Humboldt County Sheriff’s Office along with Hoopa Valley Tribal Police Department and the California Highway Patrol responded to the residence on Redwood Grove Road. When officers arrived on scene they located two male gunshot victims ages 73 and 29. Officers spoke to witnesses at the scene, who identified Rodney Vincent Ortiz age 52 as the suspect who shot the victims with a handgun. After the shooting Rodney Ortiz fled the scene in 2011, silver, Toyota, Rav4 with his son, Vincent Rudy Ortiz age 25.

All (3) three of the male victims were flown to a trauma hospital located in Redding, California. The male victim age 73 is currently listed in critical condition. The 29 year old male victim is currently listed in serious but stable condition. The 31 year old male victim was treated for his gunshot wound and has since been released from the hospital.

On 03-22-2015 at about 8:00 a.m. the Eureka Police Department located the silver. Toyota Rav4 parked and abandoned on the 600 block of Summer Street in Eureka. The vehicle was seized as evidence and will be processed for any possible evidence at a later date.

On 03-22-2015 at about 6:40 p.m. a Eureka Police Department Police Officer on patrol saw Rodney Ortiz walking in Winco Foods parking lot. Ortiz was taken into custody at gunpoint by the Eureka Police Department Officer without incident. Ortiz was transported to the Humboldt County Correctional Facility where he was booked for attempted homicide. Ortiz’s bail was set at 1.5 million dollars.

The Humboldt County Sheriff’s Office is asking for the public’s help in locating Vincent Rudy Ortiz, who currently has a no bail, felony arrest warrant for a parole violation. Vincent Ortiz is a person of interest in the shooting in Hoopa. Vincent Ortiz is considered armed and dangerous. Vincent Ortiz is described as a Hispanic male, 5’-7”, 160 pounds with brown eyes and brown hair.

The motive of the shooting is currently being investigated by Detectives with the Humboldt County Sheriff’s Office. The victims and suspects knew each other prior to the shooting.

Judge in Egger vs Board of Supervisors tells Janelle to make her political position known,, seek remedy in legislature and points out legal failures

Visiting Judge Arnold Rosenfield heard arguments by County Counsel and Janelle Egger, who is representing herself, regarding her lawsuit against the Humboldt County Board of Supervisors.

He will issue a written  ruling and has 90 days to do so. County Counsel Davina Smith presented arguments in court today. Ms. Anne Nguyen was also present. Three supporters including Carol Connors and two Occupy members were in court to support Egger.

The Judge was extremely patient with Ms. Egger who was defensive at times, not able to articulate her position and having difficulty legally supporting her arguments.

Janelle argued with the Judge on law and refused to follow certain legal procedures and suggestions  when cornered in court and when the Judge was trying to help strengthen her case. If it were not for his questions, Janelle's presentation would have been even more confusing.

Before each party presented their legal arguments, Judge Rosenfield summarized both party positions. "We are here today because of a writvof mandate filed by Ms. Egger alleging that the Humboldt County Board of Supervisors have not been abiding by the Brown Act regarding certain business."

"The Court read the pleadings," said Judge Rosenfield. "I did not have time to read every attachment. " Looking at Janelle, he said, "It was very confusing by your verbage. The Court's understanding is that you are challenging conduct of certain committees being covered by the Brown Act. There is a failure on your part to file a cease and desist" on the Board of Supervisors. The Human Rights Commission should be a separate party to this legislative action."

There were objections filed by County Counsel to late pleadings by Janelle and the Judge had not received everything by email but he had the complete file to review before hearing.

Ms. Smith used an example of a claim by Janelle to illustrate that there had been no violation of the Brown Act. She cited codes. "The Agenda Review Meeting is not a legislative body, nor is it a meeting. It is a housekeeping meeting." Another example was where Janelle claimed an item was not on the agenda, it was put on later. Ms. Smith said sometimes this happens due to scheduling. She said case laws allows Board of Supervisors to set the agenda. Public comment allows any member of the public to inquire about any item. Referring to a April 1, 2014 meeting where anad hoc committee was formed with Supervisor Rex Bohn and Supervisor Mark Lovelace directing them to work with staff, again no violation of the Brown Act occurred because there is an exception where government can communicate with staff and Ms.Smith cited that code. "To speak staff, you don't need to post an agenda."

Ms. Smith went example by example showing how some of the exhibits filed did not match Janelle's assertions. There were codes and legal proceduresnot followed. The County asked for the lawsuit to be "dismissed  unless CHIP or the Human Rights Committee are indispensable parties. They are separate legislative bodies with their own internal policies and minutes." Janelle is asking the Court to make HRC comply and according to County Counsel "this is a fundamental flaw that needs to be remedied. How does the Court reach out to the Human Rights Committee?"

"There are no legal conclusions and factual conclusions and not enough legal facts to support. Ms. Egger cites dictionary, not statutes."

The Judge after hearing from County Counsel said, "As I read this, the question that came up for me is what is the goal other than being in Court? This is more of a practical problem than a legal problem."

Janelle's answers to the Court were often not directly responding to questions. The Judge pointed out to Janelle that "it was not a violation if the Board picks up certain recommendations and all of them."

When the Judge tried to tell Janelle that she needed to name the the organizations as respondent. Janelle said, "I wouldn't feel right doing it." The Judge said, "That is not a legal argument." Then Janelle said, "I request you do it, not me." The Judge said, "That is not my responsibility."

She argued with the Judge about the law and who needs to be names as a respondent. She argued that she did not need to provide a cease and desist letter.

Civil cases are complex. Trying to cover a court case where the petitioner is looking up law and trying to represent herself from the internet and not willing to admit that a political agenda does not make a lawsuit.

Highlights of Judge's remarks to County Counsel and Janelle.

Court to Ms. Smith: "You might be arguing a successful summary judgement motion."

Court to Janelle: "As I read this, the question that came up for me is what is the goal other than being in court? This is more a practical problem than legal problem."

Court to Janelle regarding her goal: "Isn't the remedy to make your political position known?"

Local court docket is full of men violating restraining orders granted

It isn't something you see every day but frequently. Judges admonish the perp who often has a "whatever look" on his face.

Often, these are frequent offenders in and out of the system. They don't take any consequence seriously.

Or they swear they will change, it was the alcohol or drugs. This time they are really sorry.

 It isn't always the case, but it is often. The consequence for the victim is often fatal.

Humboldt needs to hold these frequent offenders; these men and in some cases, women, accountable for their actions and send a strong message that abuse is never okay and breaking the law will not be tolerated.

Here is a link to an excellent article in the Times-Standard by Will Houston:
www.times-standard.com/general-news/20150320/fortuna-shooting-victim-in-critical-but-stable-condition

Deceased Fortuna man who shot ex had another harassment order filed against him

Judge Dale Reinholtsen denied a civil harassment order filed by a Steven Todd Lammers against Rusell Alan Kellim.

Judge Joyce Hinrichs granted the custody visitation stipulation order in January 2013, which seems to be the one related to the shooting in Fortuna. The person filing that domestic violence order was a Csilla Adam. The order included a custody stipulation agreement. Kellim was also had a child support complaint  case in the system filed by Adam.

Fortuna Press Release:

On March 18, 2015 at about 6:00 AM Fortuna Police Officers responded to the 4500 block of Forrest Hills Drive, Fortuna, regarding reports of gun shots being fired.

Upon arrival, Fortuna Police Officers located one male subject and one female subject that had been shot. The male subject was later declared deceased at Redwood Memorial Hospital. The female subject was treated and flown out of the area for treatment of her injuries.

The deceased male has been identified as Russell Allan Kellim, age 47, out of Eureka. The Fortuna Police Department is the lead agency in this investigation. All further information will be released through their agency.

Official DDA new hire press release, as already reported on this blog

As previously already reported on this blog, three new DDAs hired.

I have seen Mr. Timm in court already. He was very impressive on his first day.

Here is the official release:

March 20, Humboldt County District Attorney Maggie Fleming announced the hiring of three new deputy District Attorneys: Trenton Timm of Scotia; Moksha Chattopadhya of San Jose; and Whitney Barnes of Moreno Valley. All have joined the D.A.'s office this month and all will initially handle misdemeanor cases.  Former Humboldt State University Police Chief Lynne Soderberg has also recently joined the DA’s Office as an investigator.

The three new Deputy DA’s reflect District Attorney Maggie Fleming's commitment to increasing the capacity of the DA’s Office.  “Our new DDA’s were carefully selected by a team of experienced prosecutors and are currently undergoing a training process.  They have already given us reasons to be very optimistic about their futures as Humboldt County prosecutors.”   The additions of Mr. Timm, Ms. Chattopadhaya and Ms. Barnes filled vacant positions in the DA’s Office.  DA Fleming is seeking to fill additional existing positions, including those previously frozen by the County, in part with Measure Z funding.

Lynne Soderberg brings years of experience and accomplishment in law enforcement with both Humboldt State and the Eureka Police Departments to the DA’s Office.  She will focus on domestic violence cases as a DA Investigator.  “I greatly appreciate Ms. Soderberg's outstanding record of public service and her willingness to bring her knowledge and ability to the DA’s Office.”

Burgess, Moon, Backues and others: generations of family in the criminal and DHHS systems

The names above are only three well known names at CWS, Probation and the Courts.

Other families, not necessarily in all three systems but you find generations on the docket imply a pattern.

Generations of families that raise their children to break laws, do drugs and when things go wrong, blame and sue the City or County such as the Burgess family did.

Motion to withdraw Candido Pena's guilty plea of sexual misconduct with a minor under age of 14 denied by Judge Miles

Courtroom 2
Judge Marilyn Miles
People: DDA Zach Curtis
Defense: Russ Clanton

The defendant filed a motion to withdraw his previous guilty plea and the People oppose that motion.
Judge Marilyn Miles denied the defense motion filed by Mr. Clanton to withdraw Candido Pena's guilty plea.

Candido Pena appeared in court today dressed in orange and before his case was called, he spoke briefly with Mr. Clanton via a certified court interpreter. Before attorneys presented their arguments, Mr. Pena addressed the court via the interpreter. "I was under much pressure at that time and not able to speak to my wife. I could not give a clear answer. I was confused."

Judge Miles said she had reviewed and read both the defense motion and the People's opposition and asked if the attorneys wanted to present verbal arguments before her decision.

Mr. Clanton said, "There is nothing I point as fault to Counsel or Court. The Court showed patience when the plea was entered." He reiterated that "nothing by the Court or Mr. Curtis created the problem." He said the Friday before the plea was entered, there were a number of interpreter issues and Mr. Pena wanted to speak to his wife. The Monday following that Friday, there was a special set at 1:30 p.m. and that he had arranged for Mr. Pena's wife to meet with the defendant. Due to her "employment issues, she could not get to court on time. The interpersonal issues Mr. pena and his wife had were not linked to the ple" but Pena wanted to talk to his wife before making a decision.

Another court interpreter said that he would not interpret anything outside court so Mr. Clanton said he had to explain to Mr. Pena and that the defendant did not fully understand.  Mr. Clanton said that in the courtroom, "the woman (Mr. Pena's wife) was under a lot of pressure", surrounded by strangers in an open courtroom. "She finally left in tears. Mr. Pena felt the only alternative he had was to go to trial." Mr. Clanton said that Pena's wife was embarrassed to be in the courtroom. "Getting his wife's opinion was very important, therefore he was under a lot of duress." Mr. Clantonthen cited a case, People v Herlichs. "He has limited education. He has organizational difficulties," Mr. Clanton said of Mr. Pena.

DDA Curtis said that Mr. Clanton "did not talk about internal duress, he talked about duress from outside factors. The defendant cannot create duress for legal standing." Mr. Curtis said that the Court had met legal standards. "Don't know what more court could have done. Counsel spoke to defendant prior to accepting the plea."

"There is also a family outside with the victim," said Mr. Curtis. "They need closure. There is a need for finality for the victim and the family."

After hearing from both attorneys, Judge Miles said, "Because this is a serious offense, I made sure I took the extra time to make sure Mr. Pena understood the consequences. I find that his plea was knowingly and voluntarily entered. I don't find evidence to withdraw the plea, the motion is denied."

Dr. Renouf was supposed to evaluate him and that hearing had been continued, once already on march 10. The report was not received by either the Court or the Counsel. Mr. Clanton informed Judge Miles that Dr. Renouf had visited his client yesterday so a future date of April 2 at 2 p.m. has been set to receive that report. Probation will receive that report and then they will provide a pre-sentencing report and then a sentencing date will be scheduled.

Please check the following link (which includes previous post earlier today) for complete background:

http://johnchiv.blogspot.com/2015/03/people-file-opposition-to-withdrawl-of.html

Verdict in this morning: Jury finds Bronson Lewis Moon guilty

Bronson Lewis Moon is accused of assault and corporal injury in a spouse/cohabitant.
Prosecutor Jackie Pizzo. Defense David Lee from Conflict Counsel. Judge Marilyn Miles.
Previously, when Moon was tried, it was a hung jury.
Moon is also currently involved in a family law case.


DA Maggie Fleming just sent out a press release:

District Attorney Maggie Fleming announced that Bronson Moon Lewis was found guilty by jury of felony domestic violence today.  Mr. Lewis who is 33 years old assaulted the mother of his children on November 7, 2011. 

Mr. Lewis came to the victim’s home in Ferndale in the early morning hours of November 7, 2011. The victim discovered that Mr. Lewis was attempting to move back into the home and an argument ensued. As the victim was trying to get Mr. Lewis’s possessions out of her vehicle, he started pulling at her, eventually slamming her face into the side view mirror causing a cut to her nose. The victim used a bat to defend herself, and eventually Mr. Lewis left her home.

The case was investigated by the Ferndale Police Department.  Sentencing will occur on April 30, 2015.  He is facing a maximum of 4 years in prison.  The case was prosecuted by Deputy District Attorney Jackie Pizzo.

This case was heard in Department 2 in front of Judge Miles. This was a retrial after a jury hung 11-1 for guilt in 2013.

Passerni busted this morning; arraigned this afternoon! Justice DA Fleming style

Humboldt welcome to justice DA Fleming style!

Jason Paserni was booked this morning; arraigned this afternoon in Courtroom 2. He will be represented by Conflict Counsel who previously represented him on felony probation he violated.

Dressed in cuffs and orange, Passerni was unfazed.

He is charged with possession of a concealed and loaded firearm, being a felon in possession of a firearm, being a felon in possession of ammunition, and possession of a concealed dirk/dagger

Repeat felons got money for guns but we pay for their repeated legal fees

Joshua Stockhoff lives in the greenbelt area but he has a gun. Jason Michael Passerini can't pay his registration but he has firearms. And who pays for their legal expenses?

Taxpayers.


EPD Press release:

On 3/16/15 at about 8:45 p.m., an Officer with the Eureka Police Department conducted a traffic enforcement stop on a tan Jeep Cherokee with expired registration at the 3900 Block of Broadway.  The driver, Jason Michael Passerini, 36 of Eureka, was found to have an outstanding felony warrant for assault with a deadly weapon and was driving on a suspended license.

While being taken into custody, Passerini was found to have two loaded firearms and a fixed blade knife concealed on his person.  Both firearms, a.45 caliber 1911 Colt and a Smith and Wesson .38 revolver were fully loaded and chambered to fire.  A third firearm, an unloaded Winchester 270 rifle was located inside the vehicle along with additional ammunition for the pistols and rifle.

Passerini was arrested and booked into the Humboldt County Correctional Facility for possession of a concealed and loaded firearm, being a felon in possession of a firearm, being a felon in possession of ammunition, and possession of a concealed dirk/dagger

Wanted felon Joshua Stockhoff loose with a gun

On March 17, 2015, at about 7:30 AM, Eureka Police Department officers and
detectives with the Problem Oriented Policing Unit served a search warrant at a
transient encampment located in the greenbelt area just north of the Bayshore
Mall. The warrant was obtained after EPD received information from multiple
sources that the residents of the illegal camp were in possession of a cache of
firearms and dealing methamphetamine.
During a search of the encampment, officers located ammunition, 5 firearms,
methamphetamine, and stolen property. Approximately 80 yards of trash and
junk was removed from the illegal encampment by City clean-up crews (3 large
dumpsters were filled).
Suspect Timothy Lynn Stockhoff (age 53 of Eureka) was arrested and booked
into the Humboldt County Correctional Facility for felon in possession of a
firearm, felon in possession of ammunition, possession of stolen property and
possession of methamphetamine. He has since been released from custody
after posting bail.
Timothy’s son, Joshua Allen Stockhoff (age 27 of Eureka), was not located at
the time the search warrant was served. A short-barreled (sawed-off) 20-gauge
shotgun and ammunition was located in his tent. Joshua Stockhoff is currently
wanted by EPD on multiple felonies including: felon in possession of a firearm,
felon in possession of ammunition, and possession of a short-barreled shotgun.
EPD investigators recovered a trail camera outside of Joshua Stockhoff’s tent
containing images showing him carrying firearms. The .30 caliber M1 carbine he
is depicted holding has been recovered. However, a small pistol in a holster
attached to his belt has not been located.
EPD asks that anyone with information concerning Joshua Stockhoff’s
whereabouts call our communications center at (707) 441-4044. Do not attempt
to approach or apprehend him as he may be considered possibly armed and
dangerous.

William Reid's family allegedly pissed at the Judge and prosecutor for Limmie Curry deal; the person to blame is the one that botched the codefendant case and caused a mistrial for first Curry case

Due to a reliable tip from someone in the community who is in communication with William Reid's family, the tip claim is that when they come to make a victim impact statement at Limmie Curry's sentencing on March 23, they plan to read the Judge "the riot act."

Limmie Curry was sentenced to 12 years in a plea deal after his co-defendant Eddie Lee walked free. The family should not be blaming the prosecutor in Curry's case which is DDA Kelly Neel nor should they be blaming Judge John Feeney for the result in Eddie Lee's case. Judge Timothy Cissna is the one who will sentence Curry since he was the Judge who accepted the plea deal in March.

Former DA Paul Gallegos botched the original Limmie Curry trial and it was declared a mistrial. Then he lost the Eddie Lee case when Judge Feeney granted the defense request according to Penal Code 1118. The last post and other links have detailed coverage of the Eddie Lee trial, which was only covered on this blog.

The Reid family's grief is understandable but it is under Paul's watch that the Curry case was weakened. Unfortunately, the present administration will face the wrath.

Who they really should blame is Richard Salzman, Paul's biggest champion, all that underground dope money that backed Paul, all the businesses that profit from lawlessness, all the attorneys that benefited under Paul's watch while raking in the dough from their grower clients and all the voters who elected Paul and let the mess continue for 12 years.

Last post (with other links)

http://johnchiv.blogspot.com/2015/03/plea-deal-in-limmie-curry-case-12-years.html

People file opposition to withdrawl of guilty plea in case involving alleged misconduct/molestation of a minor

Candido Pena previously  plead guilty to Penal Code 288.5. Today, there is a motion hearing scheduled in Courtroom 2 at 2 p.m. and the defendant is planning to withdraw his guilty plea. The People have filed an opposition to that motion.  Pena is represented by private attorney Russ Clanton and DDA Zach Curtis had been prosecuting the case.

There was a hearing on March 10 in the Candido Pena case in which Dr. Renouf's report evaluating Pena was to be heard but it was continued. The evaluation is is according to Penal Code 288.1. This is not a high profile case and not one that other media is aware of. I will have another post after today's court hearing.

From: w.onecle.com

288.1.  Any person convicted of committing any lewd or lascivious
act including any of the acts constituting other crimes provided for
in Part 1 of this code upon or with the body, or any part or member
thereof, of a child under the age of 14 years shall not have his or
her sentence suspended until the court obtains a report from a
reputable psychiatrist, from a reputable psychologist who meets the
standards set forth in Section 1027, as to the mental condition of
that person.

From: w.onecle.com:

288.5.  (a) Any person who either resides in the same home with the
minor child or has recurring access to the child, who over a period
of time, not less than three months in duration, engages in three or
more acts of substantial sexual conduct with a child under the age of
14 years at the time of the commission of the offense, as defined in
subdivision.
 

Feb 24, 2015

Defendant Pena pleads guilty to Penal Code 288.5 (a) ; Judge will decide whether prison or probation for sexual conduct with a child

A jury trial was vacated for Candido Pena today because he entered a change of plea. He was charged with Penal Code 288.5 (a) and held to answer to all charges last June after a preliminary hearing. His attorney is Mr. Russell Clanton.

288.5.  (a) Any person who either resides in the same home with the
minor child or has recurring access to the child, who over a period
of time, not less than three months in duration, engages in three or
more acts of substantial sexual conduct with a child under the age of
14 years at the time of the commission of the offense, as defined in
subdivision.

I contacted DA Maggie Fleming asking why there was a plea in this case for the above charge under her administration. She responded promptly. Under Ms. Fleming's administration, we actually get answers, and promptly.

"Deputy District Attorney Zack Curtis handled this case. The defendant pled guilty to one count of Penal Code section 288(a) after discussion with the victim and family.  It is very important to this office how the family feels about the possible plea and consequences and it was with their agreement that the People accepted the guilty plea by the defendant.  The defendant has been referred for a psychological evaluation and that report is due back on .  After that report is received it will be referred to probation and a date for sentencing will be scheduled.  At sentencing the Judge will decide if the defendant should receive prison or probation."

"Bad Boy" Michael Throckmorton back in court for alleged assault; Pizzo v Tipps Round 2' will the third time be lucky for prosecution or will Throckmorton go free?

A jury is currently being selected in a case where Michael Throckmorton is charged with a felony: assault. This case is from an allegation from 2012. I believe this is the second round of Pizzo v Tipps.

The trial Judge is Timothy Cissna. The prosecutor Jackie Pizzo and Throckmorton's is being represented again by Public Defender Owen Tipps.

Throckmorton is charged with PC 273.5 (a)

There was also a civil protection order filed against Throckmorton by a S. Carlson that was dismissed due to lack of prosecution. Again, Paul Gallegos was the DA at that time.

Throckmorton previously charged with a homicide, another felony, did not go to jury trial in 2006. The DA at that time was Paul Gallegos. The case was prosecuted by present DA Maggie Fleming and Throckmorton was represented by private attorney Manny Daskal.

It is the DA's responsibility to oversee charging. In 2006, Ms. Fleming had to try a case with Paul Gallegos in charge. Now with her being the DA, perhaps there is a chance that the result could be different.

Penal Code 273.5.  (a) : Any person who willfully inflicts corporal injury
resulting in a traumatic condition upon a victim described in
subdivision


Previous Post:

Feb 20, 2014

Pizzo vs Tipps same or different result for Throckmorton as Fleming vs Daskal?

A jury  i currently considering the fate of Michael Throckmorton. Jury started deliberating as of yesterday. People were represented by Jackie Pizzo, defendant's attorney Owen Tipps and Judge Dale Reinholtsen presiding. This is a domestic violence case. 

This is not Throckmorton's first court appearance. He was found not guilty on two counts on another more high profile case in 2006.

In 2006, Throckmorton was the defendant in a murder trial. Prosecutor was Maggie Fleming. Defense Counsel was Manny Daskal. Evidence came out in trial during testimony that caused the preliminary trial to go in Throckmorton's favor. Defense prevailed.

The following is from an article in the Times-Standard from 2006 by Chris Durant. There are at least 2 other similar reports, one from the Northcoast Journal.

EUREKA -- A jury returned not guilty verdicts on two counts against Michael Kenneth Throckmorton Thursday, but he still remains in custody at the Humboldt County Jail awaiting a District Attorney's Office decision on whether to file lesser charges.

Throckmorton, 24, was found not guilty of second degree murder and not guilty of attempted murder.

He allegedly killed Robert Peter Wyland, 58, and stabbed David Wayne Harris, 46, March 4 outside his Fieldbrook home.

Preliminary hearing testimony revealed the men may have been at Throckmorton's home in relation to a dispute between Throckmorton and his landlord.

Throckmorton's attorney, Manny Daskal, said the District Attorney's Office may now file voluntary manslaughter, attempted manslaughter and assault with a deadly weapon.

He said Throckmorton will remain in custody at least until his next court appearance, Jan. 3., when Daskal will ask for a bail reduction.

Superior Court Judge Christopher Wilson asked the jurors how they voted in the lesser charges.

The foreman stated they voted eight to four for a voluntary manslaughter charge, nine to three for an attempted manslaughter charge and eight to four for an assault with a deadly weapon charge.