Benjamin Carter dates,remain set, defense offer made for upper term

Trial confirmation was scheduled this afternoon in Courtroom 1 for Benjamin Carter.

Defense offer at time of trial confirmation was to stipulate to the upper term and to  "strike prior strike",and "to serve 3 years at fifty percent" Mr. Michael Acosta told me outside court. Mr. Acosta is representing Carter.

Both parties confirmed for trial. DDA Roger Rees said People's offer remains the same.

If you read the previous links, the People's offer is pleading to the gun charge and admitting to the strike.

Jury Trial on July 6 at 8:30 a.m., Trial Assignment is 8:30 a.m. on July 2 and Trial Readiness is July 1 at 2 p.m.

Ryan Burns from LOCO was in court.

Jun 1, 2015

Benjamin Carter dates remain set

Courtroom 1
Judge John Feeney
People: DDA Roger Rees
Defense: Mr. Michael Acosta
Pre-trial conference today

Dates remain set. The only change seems that DDA Roger Rees is prosecuting the case now instead of DDA Andrew Isaac.

Read this morning's post, with extensive background and context, for background. Click on the link or scroll down.

http://johnchiv.blogspot.com/2015/06/will-writ-and-stay-on-jury-trial-for.html

Previous posts (with links to other posts and coverage):

http://johnchiv.blogspot.com/2015/05/murder-charge-dismissed-bail-reduced.html
http://johnchiv.blogspot.com/2015/05/benjamin-carter-withdraws-time-waiver.html

Miss Hoopa charged with alleged sexual abuse of female minor finally retains two private attorneys

Mr. Ben McLaughlin confirmed as counsel for Kayla Brown this afternoon. Rebecca Linkous, also appeared for Brown as co-counsel. Mr. McLaughlin not in court and Ms. Linkous appeared "generally" on his behalf.

Kayla Brown is the former Miss Hoopa charged with alleged sexual abuse of a female minor.

Her preliminary hearing has been on hold since Mr. Jeffrey Schwartz declared conflict. Then her family paid Mr. McLaughlin for two special appearances. 

Victim's family was in court. Brown's family was not in court this afternoon, most likely due to Ms. Linkous stating that  Kayla Brown was "under doctor's care of with a serious condition" and after Judge John Feeney denied the defense request for a 30 day trial setting, she said that they may need to continue preliminary because Brown may not be available for the preliminary hearing. Defense plans to hire an investigator and said they wanted 30 days for trial setting due to more discovery they anticipate from the People.

"Due to no fault of yours," Judge Feeney said to Ms. Linkous, "the case has been continued quite a few times."

Defense request for trial setting was denied after DDA Brie Bennett said that the victim's family was getting frustrated with case being continued. The People objected to the trial setting date in 30 days and instead asked that dates be set for a Preliminary hearing. 

Preliminary hearing on August 12.Intervention on July 22. 

Discovery issues were cited by defense. Ms. Bennett said the People plan to meet with the defense before intervention to make sure discovery is complete and to make sure they received all the discovery that the People had given Mr. Schwartz.

Ryan Burns from LOCO was in court.

May 29, 2015

Still no preliminary hearing for former Miss Hoopa charged with sexual abuse of female minor

Today, Kayla Brown's case was scheduled for confirmation of counsel in Courtroom 1. Mr. Ben McLaughlin "specially appeared" again for Brown, who will not be in court due to her personal appearance being waived. Her family has signed a legal agreement with Mr. McLaughlin but payment is still to be made so another confirmation of counsel hearing is set for June 11 at 2 p.m.

Both, the victim and the defendant's families were in court.

DDA Brie Bennett is prosecuting this case.

Last post:

http://johnchiv.blogspot.com/2015/05/former-miss-hoopa-charged-with-alleged.html

May 18, 2015

Former Miss Hoopa charged with alleged sexual abuse of minor female victim plans to retain one of the area's most successful criminal defense attorney

At the last hearing for the former Miss Hoopa, Kayla Brown charged with alleged abuse of a minor female victim, her lawyer Jeffrey Schwartz declared a conflict of interest. An attorney made a special appearance that day.

Today, Brown's family contacted Mr. Ben McLaughlin, to make a general appearance on her behalf.

DDA Zach Curtis subbed in today for DDA Brie Bennett who is prosecuting the case.

Mr. McLaughlin high profile defendants, locall, most recently David Anderson and Silverio Sanchez.
David Anderson was charged with human trafficking. This was one of the many cases only covered on this blog and here is the last post on the plea deal Anderson accepted with other links to the coverage of this case.

Mr. McLaughlin is a former prosecutor with the Humboldt County District Attorney's office. He is currently a private criminal defense attorney with offices in Eureka and Crescent City and also has experience as a public defender.

When he was DDA, Mr. McLaughlin successfully prosecuted the case of a young Arcata woman and her rapist got 18 years for that rape. He also prosecuted Maggie Wortman and was the first person in the history of American jurisprudence to convict someone of homicde for killing her child with tainted breast milk. 

johnchiv.blogspot.com/2014/11/human-trafficking-case-plea-offer.html

Previous posts:

http://johnchiv.blogspot.com/2015/05/humboldts-first-female-alleged-with.html
http://johnchiv.blogspot.com/2015/04/preliminary-hearing-scheduled-for-miss.html
http://johnchiv.blogspot.com/2015/04/taken-into-custody-yesterday-alleged.html
http://johnchiv.blogspot.com/2015/03/humboldts-first-alleged-female-abuser.html

Names of recent marijuana raids will not be released, yet

Investigation in the recent multi-site raid, conducted by members of the Humboldt, Trinity and Mendocino county sheriff’s offices, continues. Investigation is ongoing and no names will be released yet, according to HCSO Lt. Wayne Hanso, until investigation is complete.

"We are still executing search warrants," said Lt. Hanson.

The Mendocino Sherrif's office is handling press for the case. No comment from them, yet, today.

Arcata plaza stabbing suspect accepts plea, kisses her younger boo in celebration

Just spoke with Arcata Plaza stabbing suspect Vicoria Clark's lawyer, Mr. Kaleb Cockrum. She accepted a plea this morning in front of Judge John Feeney


She was kissing her younger boo in the hallway, frequently booked  David Dues.

details later..full court day today.

Read link below for background and details.


http://johnchiv.blogspot.com/2015/06/remember-arcata-plaza-stabbing-suspect.html?m=1

People rest, defense presents no witnesses, closing arguments today and Campbell case goes to jury

The two witnesses today, Officer Joshua Phinney and the second victim William Hardwick testified for the People. The defense did not ask Officer Phinney any questions, briefly questioned Hardwick and presented no witnesses.

Both the People's witnesses were credible with the exception of Hardwick's youthful bravado in court.

Jury instructions and closing argument by DDA Roger Rees took  place after break today. Defense closing argument tomorrow and the case will go to the jury tomorrow morning.

Rio dell police officer Harralson posted bail, hires private attorney, case moved Courtroom 5, jury trial anticipated

Rio Dell police officer posted bail, was out of custody and has retained private attorney Mr. Michael Robinson to represent him.

He was dressed in blue slacks and black pants for court. He had posted bail. People did not serve him with a protective order. His attorney asked the case be moved from Courtroom 3, early resolution to Courtroom 5, home court for a disposition and reset on August 26.

Mr. Robinson said they anticipate a jury trial. Only KAEF TV and I were in court. Channel 3 showed up later in Courtroom 2 looking for this case, where I was covering the Phoenix Campbell-Loya jury trial.

Mr. Robinson said his client waives time, because there is an extensive discovery, he requested the disposition and reset hearing in 60 days, said he anticipates motions and a jury trial.

Mr. Robinson requested the case be moved out of early resolution court and be moved to the home court. The defense also stipulated to a CAST agreement.

The victim was not present but victim witness representative was in court.

DDA Kelly Neel filed the complaint and is the prosecutor on the case.

Both defense and prosecution duel well in Campbell trial; defense makes dent in victim's credibility

If this was a duel, both DDA Roger Rees and Ms. O'Connell, who represents Phoenix Campbell did well.

The People's second witness, APD Officer Jeremiah Kasinger was solid.

However, Ms. O'Connell did make some dents Elijah Hansen's credibility. Depending on who the People call tomorrow, if Hansen is the only victim to testify, Count 1 is shaky based on today. On cross, Ms. O'Connell made her case that this could be Campbell acting in self-defense.

She started by asking Hansen if he gave a statement to anyone else besides the police officers. He responded, "No."

"You told officers Mr. Campbell approached you and Mr. Hardnick, not that he was already there." She also brought up that minutes ago he testified Campbell was sitting there.

Hansen clarified but his response and other responses did raise doubts about his testimony and credibility. 

"You told officers Mr. Campbell had a container of alcohol but you didn't testify to that today?" Ms. O'Connell asked Hansen.

"No."

She asked him how much he weighed on the day of the incident. Hansen said "190."

Ms. O' Conell asked Hansen if he met Campbell before and he said, "I don't think so."

On cross, Hansen verified Isiah had his skateboard while chasing Campbell. A point Ms. O'Connell made during opening.

Ms. O'Connell asked Hansen that after Campbell threw the knife on the ground, he did not dive for it until Isiah dove for it. Hansen responded "Correct." He gave the same response when she asked him that he did not see who picked up the knife.

"When you gave statement to the police, you did not tell them about the physical fight between Isiah and Mr. Campbell," said Ms. O'Connell.

"No."

"You didn't suffer any injuries?"

"No."

On redirect, Mr. Rees asked Hansen a question and he reiterated he was afraid for Isiah's safety. Hansen also told DDA Rees that Campbell "smelled of alcohol" and Campbell was drinking from a container. Hansen said events were "fresher" in his mind right after the incident compared to this morning.

DDA Rees showed the jury photos of the e ciggarette and wooden board.

Officer Jeremiah Kasinger said when he responded to a call and arrived on the scene, he saw "two males chasing another on Alliance" from "Foster Avenue". Traffic was pulling out of the way. They were running into the middle of the street.

Initially, he was alone. Then Officer Joshua Finney arrived. Officer Kasinger said he was standing with Officer Finney who asked Campbell if he had any weapons. "He pointed to his right front pocket and removed knife" which was put in an evidence bag. He described the knife as a "camouflaged knife with locking blade" and opened the bag containing the knife in court this morning.

Officer Kasinger searched Campbell and found the e-ciggarette. He advised Campbell of his Miranda Rights. Did not find any weapons on Hansen or Hardnick. Hansen showed him the wooden post. Officer Kasinger did not ticket for minors in possession of vaping device and took Hansen and Hardnick back to school.

"I was letting Isiah hit it" ; "I will shank you bro"

The first witness for the People today was Elijah Hansen, one of the alleged victims in the stabbing near the Arcata Community Center last year.

When he walked into the courtroom, you could see his youth, looked just like a kid in high school. He was 17 at the time of the incident.

The defendant, Phoenix Campbell glared as Hansen walked to the witness stand and stared at him while he testified.

DDA Roger Rees asked him, "Have you been attacked by a knife?"

"Yes," answered Hansen.

Most of his answers to DDA Rees were monosyllabic.

He identified Campbell, said he was attacked "somewhere in December" at Shay Park on December 3, 2014.

DDA Roger Rees, "Are you nervous?

Hansen: "Yes"

He mentioned Isiah and in response to a clarification by Mr. Rees, Hansen said Isiah also went by William. This is the second alleged victim William Hardnick.

"I was chillin with some people," said Hansen, at a spot by the creek, from where he usually takes the bus.

DDA Rees: "What were you doing?"

"I know I am underage but I was vaping," responded Hansen. He said a friend bought him a $200 e-ciggarette for his birthday.

Hansen said "Isiah was sitting" with Campbell. "I gave Isiah a hi-five" and he met Campbell for the first time. "Then
everything went downhill from there."

"I was letting Isiah hit it," said Hansen. "I believe I offered it to him (Campbell). He grabbed it and started walking off. He had a knife in his hand.

DDA Rees, " After the defendant took it, what did the defendant do?"

"Grabbed his stuff, walked away, pulled a knife." Hansen said he asked for his e-ciggarette and Campbell responded, "I will shank you bro."

"If he was threatening to shank you, why did you approach him?" asked Mr. Rees.

"I don't know," said Hansen. "I was scared at first. Then he threw stuff down and started to run."

"Isiah was chasing him with me," said Hansen. He said they chased Campbell for five minutes. Hansen said he stopped a couple of cars and asked them to call the police.

Hansen said he "broke off a piece of wood from the fence and then threw it to the side." He said he did this to protect himself.

Hansen said Campbell threw the knife down on Alliance street and "Isiah tried to dive for it, he (Campbell) also tried to dive for it." There was a struggle. Hansen said he pulled Campbell off "Isiah". He said he "did not remember exactly" who got the knife or whether Campbell slashed him.

Mr. Rees showed him a report "to refresh his memory." Hansen said Campbell swung at him after he "pulled him off Isiah."

"Are you tired right now?" asked DDA Rees.

"Yes," said Hansen.

"Is this a time you are not normally awake?"

"Yeah," said Hansen.

A month later in January 2015, Hansen said he got his vape-pen from APD.

Hansen told DDA Rees he did not get cut with the knife and that initially when Campbell had the knife out, he was afraid for his safety and "a little" while chasing Campbell but he was "more worried about Isiah then myself."

There was no one in the courtroom except for the jury, the court staff, the attorneys, the Judge,  three new DDAs and myself. From a few minutes, the a woman who attended the Ferrer trial was there. She had texted during that trial. I thought it was odd she was at this trial too. She arrived some time after my initial post this morning. I looked over a few,times because she had her cell phone out and eventually she left.

"As jurors your job is to see if the facts fit with the crime"; "The evidence in this case will not be enough to show Mr. Campbell committed this crime."

"This is my chance to tell you what the evidence will show," said Deputy District Attorney Roger Rees to the 12 member jury and 2 alternates this morning in Courtroom 2. "On a Wednesday afternoon last December, Eli and Bill are hanging out in Shay Park." They were smoking an electronic ciggarette.

"The defendant approaches them and asks them if he can take a hit. The defendant takes a puff, then puts it in his pocket and Eli says, 'Please give my pen back.' The defendant does not give the pen back, takes a knife out and stabs Eli and takes off running. Eli chases him and the defendant the takes a slash at him. Eli tries to defend himself with a fence board. Officer Kasinger shows up, finds pen, knife" on the defendant.

"That's it, that's the case." DDA Rees concluded his brief opening statement.

Phoenix Campbell-Loya's Public Defender, Ms. Meagan O' Connell started her remarks with, "You have already heard what Mr. Campbell has been charged with, assault with a deadly weapon and carrying a concealed dirk/dagger."

"As jurors your job is to see if the facts fit with the crime," said Ms. O'Connell. "As the Judge has told you, she will instruct you on the law. All elements of the crime need to be proved beyond a reasonable doubt. "The evidence in this case will not be enough to show Mr. Campbell committed this crime."

"Elijah Hansen, William Hardnick and Phoenix Campbell are in Shay Park smoking an e-ciggarette. It is illegal for people under 18 to purchase an e-ciggarette. The victims were 17 at the time of the crime. According to the teens, Mr. Campbell approached them and allegedly brought alcohol. The teens gave the e-ciggarette to Mr. Campbell, he walked away and took the vape pen with him. I don't know what language was used. It has been said, "Please." Elijah confronted Mr. Campbell."

"Mr. Campbell was some distance away from the teens, saw them coming at him,pulled a knife out of his pocket to keep them away. Elijah charges against Mr. Campbell demanding pen back. Mr. Campbell ran away. What did William do? He told police officer he too confronted Mr. Campbell and hit him with his skateboard. The one he tried to "block" him with. They chase him. Elijah breaks a board from a fence and they chase him from Shay Park onto Alliance. Mr. Campbell while running drops knife, only to defend himself from someone who is approaching him with a large piece of wood. Police arrive. All three cooperate. Mr. Campbell tells them he has a knife. "

"At the end of this case, when you have heard all the evidence, I will ask you if the facts of the case fit the crime. The facts of the case don't fit the crime. I will ask you to return with a not guilty verdict.

I posted the charges and did a post earlier today with the press release. Scroll down or click on this link: http://johnchiv.blogspot.com/2015/06/opening-arguments-start-in-alleged.html

It's time for the weekly, let me fire my lawyer again Jeremy Kish show; evaluation rules him competent to stand trial, for now

A report from Dr. Ramirez was due this afternoon at 2 p.m. in Courtroom 2 regarding Jeremy Kish, the arson suspect for the crime committed at the former Alliance Market location in Arcata.

Dr. Ramirez's report basically ruled him competent to stand trial. Still in administrative segregation, dressed in red, chained with face and mouth covered with masks, Kish has requested another Marsden hearing. Third time he has tried to fire his court appointed lawyer. That hearing will be held in a closed courtroom so I will update later today or tomorrow.

He has another case  in which a protective order in court was served on him for a confidential male victim. The charges are Sodomy by use of force and Forcible oral copulation in that case.

On June 9, he committed assault in custody just to get on the court calendar and tried to fire his court appointed lawyer, again.

Last post:

Jun 11, 2015

Arcata Alliance Market arson suspect fired by his attorney, just kidding! Competency to stand trial declared for Jeremy Kish

If you have been following the saga of Jeremy Kish on my blog, you will get the joke in the headline. Today, a preliminary hearing was scheduled for five recent cases, including the alleged arson committed by Kish at the former Alliance Market location in Arcata.

An additional bailiff stood by Kish who is still dressed in red which means "adminstrative segregation" and still has a face and mouth mask with his hands bound by chains. This morning, he was escorted by three correctional officers who stayed in court and took him back to custody.

Kish has tried to fire his court appointed lawyer, Conflict Counsel's Mr. Greg Elvine-Kreis twice. This morning, Mr. Elvine-Kreis told Visiting Judge Dennis Buckley that he was "declaring doubt as to his client's present competency."

Judge Buckley suspended proceedings on all files and Dr. Ramirez has been appointed to submit a report on Kish's competence. That report is due on June 23 at 2 p.m. in Courtroom 2.

Besides his dramatic entrance, Kish could not let the proceeding go by without blurting something and making yet another false accusation that is later disproved. "Can I say something?", he asked the Judge. Then he told Judge Buckley, "Can you order my lawyer to come see me and talk to me? Mr. Elvine-Kreis whispered, "I have come to see you" and privately spoke with Kish. Kish babbled on and on talking with his lawyer and was very polite, just minutes after he complained about his lawyer. Maybe he wanted an update on his dog, instead of his case. Again, a joke you will have to read the previous links to appreciate. As he was being led away, he turned to Ms. Lesa Christensen, one of the three officers escorting him and said, "Are you still mad at me?"

With Kish, I am sure we will see him back in court before June 23.

In California, Competency to Stand Trial is also known as California Penal Code 1368 PC. According to the Wallin and Klarich law firm's blog, "When doubt is declared concerning a defendant’s competence, all criminal proceedings are suspended until there has been a determination on the defendant’s competence. The court is bound under Penal Code §1368(c) to suspend criminal proceedings until the defendant is determined to be competent. When the criminal proceedings are stopped, all time limitations are suspended as well."

"Though the criminal proceedings have halted, there exist exceptions. In the pending determination of the defendant’s competence, the court is still able to rule on motions to dismiss (including motions made under Penal Code §1385), motions to suppress evidence and demurrers. Additionally, preliminary hearing can be conducted as allowed by Penal Code §1368.1."

DDA Zach Curtis was present for the People in Courtroom 5 today.

Previous post link (includes all past links):

http://johnchiv.blogspot.com/2015/06/arcata-alliance-market-arson-suspect.html

Jun 9, 2015

Arcata Alliance Market arson suspect pulls another stunt and commits assault while in custody so he can get into court so he could fire his court appointed lawyer again!

First he is charged with arson of the former Alliance Market store in Arcata, resisting and delaying and obstructing an officer while the office is on duty, assault on a custodial officer, battery by gassing a peace officer in the detention facility and criminal threats.

Then he is charged in another case with sodomy by force and oral copulation of a male victim. My first post has other charges in his past.

He has claimed he was denied food and water, then in another hearing he wanted to fire his lawyer because Kish thought his lawyer wasn't doing enough about his dog. Today, he claimed that the jail denied him writing a letter to court and another Marsden hearing and he had to commit a felony just to get on calendar!

He spits on the correctional officers and has to wear a mask covering his face and mouth. He tries to fire his lawyer at the last hearing and today, he racks up another charge just to get into court and tries to fire his court appointed lawyer again!

Jeremy Kish was arraigned in Courtroom 5 today for 243.9. (a):

243.9.  (a) Every person confined in any local detention facility
who commits a battery by gassing upon the person of any peace
officer, as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2, or employee of the local detention facility is
guilty of aggravated battery and shall be punished by imprisonment in
a county jail or by imprisonment in the state prison for two, three,
or four years.

"Gassing" means intentionally
placing or throwing, or causing to be placed or thrown, upon the
person of another, any human excrement or other bodily fluids or
bodily substances or any mixture containing human excrement or other
bodily fluids or bodily substances that results in actual contact
with the person's skin or membranes.

Visiting Judge Dennis Buckley appointed Conflict Counsel. This is the office representing Kish on his other cases but being a different courtroom, Mr. Marek Reavis was handling those cases. As he tried to accept appointment and enter not guilty pleas on behalf of Kish, which is standard procedure; Kish yelled, "I would like to fire Conflict Counsel!" He told the Judge that he tried to fire his lawyer and that "if you appoint Conflict Counsel, I will plead guilty!"

As they tried to complete arraignment, Kish kept yelling, "No, I plead guilty! He is not my attorney!"
He kept interrupting the Judge and his own attorney who tried to explain to him that it was not in his best interests to keep yelling and he countered, "I have a right to fire my own counsel!" And kept saying he would keep committing acts that would bring him back to court and he wanted a Marsden hearing. He also wanted the Judge to appoint him a Public Defender. The Judge granted him a Marsden hearing on June 11 to review appointment of counsel.


Previous links:

http://johnchiv.blogspot.com/2015/05/jeremy-kish-adds-yet-another-arrest-to.html
http://johnchiv.blogspot.com/2015/05/arcata-arson-suspect-jeremy-kish.html
http://johnchiv.blogspot.com/2015/05/arcata-arson-suspect-jeremy-kish_28.html
http://johnchiv.blogspot.com/2015/05/jeremy-kish-arraignment-continued-as-he.html
http://johnchiv.blogspot.com/2015/05/arcata-arson-suspect-charged-with-arson.html
http://johnchiv.blogspot.com/2015/05/dressed-in-red-in-chains-with-mouth-and.html
http://johnchiv.blogspot.com/2015/06/jeremy-kish-arcata-arson-suspect-tries.html

Rio Dell police officer charged with battery on his child's mother and exhibiting a firearm, arraignment tomorrow

Kevin Harralson, the Rio Dell officer that was arrested will be arraigned tomorrow morning in Courtroom 3. He is charged with two counts of battery on the mother of his child PC 243 (e) (1) and one count of exhibiting a firearm, PC 447 (a) (2).

Harralson is charged in Counts 1 and 2 with PC 243 (e) (1), a misdemeanor. PC 273.5. corporal injury on a spouse, cohabitant or fellow parent is a felony.

DDA Kelly Neel filed the arraignment complaint.

From the Shouse Law firm site:

Under California's domestic battery law, Penal Code 243(e)(1) PC, the legal definition of domestic battery is any willful and unlawful touching that is harmful or offensive—and is committed against

1. the defendant's spouse or former spouse,
2. the defendant's cohabitant or former cohabitant,
3. the defendant's fiancé(e) or former fiancé(e),
4. a person with whom the defendant has or used to have a dating relationship, or
5. the father or mother of the defendant's child.²

A defendant can be convicted of domestic battery (sometimes known as “spousal battery”) even if the “victim” is not injured in any way. All that's required is that the defendant use “force” or “violence” against him/her.

This distinguishes domestic battery from the related domestic violence offense of corporal injury on a spouse, cohabitant, or fellow parent—which requires that the victim suffer some form of physical injury.

Jun 5, 2015

Rio Dell police officer arrested for battery on cohabitant

On 06-05-15, Humboldt County District Attorney Investigators arrested Kevin Harralson for two counts of PC243(e)(1) – Battery upon a cohabitant, and one count of PC417(a)(2) – Exhibiting a firearm.  Harralson, a police officer for the City of Rio Dell, was taken into custody without incident and with the cooperation of the Rio Dell Police Department .  He was booked at the Humboldt County Correctional Facility where bail was set at $100,000.00. The arrest was the result of an ongoing investigation by the Humboldt County District Attorney’s Office regarding incidents in August 2014 and March 2015.  Inquiries should be directed to District Attorney Maggie Fleming at 707-445-7411.

California Cannabis Voice Humboldt Members to speak during public comment about marijuana raids yesterday

I had  to cover few court cases this afternoon so I was not be able to stay for entire public comment section regarding the .

California Cannabis Voice Humboldt members will be speaking about the Island Mountain marijuana raids yesterday as well as other cannabis related issues scheduled for this afternoon such as cannabis dispensing facilities.

Luke Bruner, a CCVH board member and also representing the California Cannabis Industry association was one of the speakers during public comment. Bruner is definitely a better spokesperson than someone like Thomas Edrington who has spoken for CCVH in the past at the Board of Supervisors and read LOCO's post by Ryan Burns on these recent raids for more of Edrington's comments.

"We are in a real sense in the driving seat regarding cannabis," said Bruner. He mentioned state legislation that cannabis activists are working on, including Ab 266, which he said would "authorize cities and countiues to levy taxes on cannabis".  Bruner mentioned State Senator Mike McGuire and Lt. Governor Gavin Newsom's visit to Humboldt and California State Assembly member Fiona Ma among other politicians courting the cannabis community. Bruner said these prominent members "see opportunities for taxes and public safety."

Bruner said three hundred people gathered in Garberville, all raised their hands, when asked who wanted to pay taxes for cannabis.

Saroj Gilbert was another speaker. She was more vocal. Saying that she lives in an unincorporated area of Humboldt, "I am here to protest raids on California farmers."

"The raids always occur at this time of the year," said Gilbert. "Now there is the new excuse, environment and water issues." She said CCVH and others like them are willing to be regulated.
Gilbert asked the Board of Supervisors "to honor the cannabis culture."

Homeless woman in Arcata victim of domestc violence

On 06-22-2015 at 8:50 p.m. a Humboldt County Sheriff’s Office contacted a 39 year old female victim of an assault in Arcata. The victim told the deputy she was assaulted by her boyfriend, 35 year old, Adam William Loomis. The victim said that she is homeless and was living on the river bar behind the Eureka Ready Mix off Boyd Road, Arcata with Loomis.
The victim said she was drinking whiskey at their camp site with Loomis on the river bar when for unknown reasons, Loomis became angry at her. The victim said Loomis picked up a large rock and struck her numerous times in the head with the rock. The victim said she was able to run away from Loomis and called for help. The victim was transported to a local hospital by ambulance where she is being treated for her injuries. The victim’s injuries are not believed to be life threating.
Deputies were able to locate Loomis a short time later in a camp site on the river bar. Loomis was taken into custody without incident. Loomis was transported to the Humboldt County Correctional Facility in Eureka. Loomis was booked for attempted murder and domestic violence. Loomis’s bail was set at $500,000 dollars.

Opening arguments start in alleged fight and stabbing incident at the Arcata Community Center

Another case that made the headlines and will this be the final chapter?

No other media is here or aware that this case is starting today and I will have detailed daily coverage of this trial if this case is of interest to you.

Jury selection was completed yesterday and opening arguments are starting in minutes this morning for the jury trial for Phoenix Campbell-Loya in Courtroom 2. 

DDA Roger Rees is prosecuting the case, Ms. Meagan O' Connell from the Public Defender's office is representing Campbell-Loya and Judge Marilyn Miles will be the trial judge.

The charges for this jury trial are Count 1 assault with a deadly weapon other than a firearm and Count 2 carrying a concealed dirk and dagger. The alleged victims are Elijah Hansen and William Hardnick.

There are only two witnesses for the People and depending on the defense's case, this will be a short trial. At the end of the today's court session, the People are calling another witness.

Between the preliminary hearing and jury trial, defense requested an evaluation to see if Campbell-Loya was competent to stand trial. That delays the process until the report is completed.

Campbell-Loya was held to answer after the preliminary hearing in 2014 for the charges in this incident. The preliminary hearing charges were Count 1 assault likely to produce great bodily injury, Count 2 False imprisonment and Count 3 battery.

He has two previous convictions, one for carrying a concealed dirk and dagger and one for assault and battery to which he plead guilty.

In court today, Campbell-Loya was dressed in a white shirt and black pants and now has longer sideburns and a goatee.

Arcata Police Department Press Release:

On 11/16/2013 at about 10:00 pm, the Arcata Police Department responded to the Arcata Community Center for a report of a fight and possible stabbing. 

Upon arrival, officers learned that two males and a female had been involved in a physical fight near the entrance to the Community Center where a Too Short concert was occurring.  Event security responded and separated the parties. One of the involved males reported he had been stabbed. The other involved male fled and was pursued by security. When one of the security officers attempted to detain the fleeing man, the man stabbed the security officer in the neck with a knife. Other security officers responded and were able to detain the man until the arrival of police. 

The suspect was taken into custody without further incident. The security officer was treated and released at a local hospital. The other involved male left the scene prior to officers arrival but later contacted police and declined any assistance from law enforcement. While he reported he had been injured during the altercation, he also declined medical assistance. 

Phoenix Campbell-Loya, 19 of Arcata, was booked into the Humboldt County Correctional Facility for a violation of 245(a)(1) PC, Assault with a Deadly Weapon.

The ongoing saga of Father Rodney and Son Vincent Ortiz's jury trial

A jury trial is scheduled for July 20 but the defense for Vincent Ortiz has filed a motion for continuance to be heard on June 25 when trial confirmation is scheduled.

Previous posts:

May 26:

Unsual twist in Silverio Sanchez and Vincent Ortiz cases

Demurrer is the word of the day. Both cases have jury trial dates set. July 28 for Sanchez and July 20 for Rodney and Vincent Ortiz.

Both Silverio Sanchez and Vincent Ortiz may not make it that far though.

Nolo defines demurrer as:

In a criminal case, a demurrer is a defendant’s assertion that the document laying out the charges—the complaint, information, orindictment—is legally insufficient. In demurring, the defendant claims that the charging document is so flawed that it can’t be used to convict him or her.

May 22:

Rodney Ortiz's arraignment on, Vincent Ortiz's arraignment off calendar, reason?

Both Rodney and Vincent Ortiz were to be arraigned on August 26. Rodney Ortiz is still set to be arraigned but Vincent Ortiz's arraignment is off calendar.

The court computer lists that Vincent Ortiz's medical records have been subpoenaed from Mercy Medical Center by attorney. Does not state whether it is his attorney Conflict Counsel.

Last post:

http://johnchiv.blogspot.com/2015/05/rodney-ortiz-held-to-answer-on-all.html?m=1

If only we could have protests for criminal brutality against police, thanks EPD for doing your job no matter what

Every day the police deal with this kind of BS. No amount of pay is worth the abuse and the conditions police face locally and nationally. These repeat offenders should not get chance after chance. Time for criminals to accept some responsibility and make better choices. Chance after chance, and the same low life repeat offenders do nothing but prey on the community.

These two incidents were on EPD's Facebook page and sent out as a press release as examples of what the police face every day:

On 06/20/15 at about 12:30 a.m., an officer attempted contact with a suspicious subject near Church and A streets. The male, later identified as Waymond Starritt, 48 of Eureka, violently resisted and punched the officer multiple times in the face causing visible injury. Additional officers arrived on scene and deployed a Taser. The Taser probes became dislodged and a second brief struggle began.

Two officers were treated for their injuries, one with a broken nose and the other with a laceration to his hand. Both officers were also exposed to the suspect’s blood during the struggle. Starritt was also treated for injuries before being transported to the Humboldt County Jail and booked for resisting an executive officer with use of force, carrying a concealed dagger, committing a felony while out on bail, and resisting arrest. Starritt admitted that he fought because he is out on bail awaiting a prison sentence up to 19 years.

On 06/21/15 at about 4:08 a.m., officers responded to an apartment on the 600 block of California Street for multiple reports of a disturbance involving a male, female, and a child. Based on the circumstances, the door was forced open. Officers located the male in a closet covered in blood with multiple self-inflicted lacerations.

Humboldt Bay Fire and City Ambulance were cleared to enter the residence. As medical staff attempted to treat the male he became argumentative and swung at a medic. The male refused to follow commands and became physically resistant. Multiple Taser activations were necessary to secure the male in handcuffs. Once in handcuffs, the male continued to actively resist and Humboldt Bay Fire personnel assisted police in gaining control of the male. Medical staff had to administer a sedative so that the male could be transported to the hospital to treat his wounds.

The female occupant advised that the male had taken a large dose of LSD and drank alcohol, which caused the erratic behavior. Due to the unsafe environment, the child on scene was placed into Child Protective Services.

The male was placed on a 5150 hold and a complaint filed for child endangerment and possession of LSD will be forwarded to the DA for prosecution. No officers were injured during this contact; however, their uniforms were torn and covered in the male’s blood. Due to the medical nature, the males name will not be released.

Brian Mello in trouble again, I am shocked, NOT

HCSO Press Release:

 at about 7:30 P.M., the Humboldt County Sheriff’s Office received a call for service at the Country Club market on Humboldt Hill Rd., in Eureka.  It was reported that a male subject was causing a disturbance at the business.  The California Highway Patrol also had Officers in the area and they responded to assist.

While Deputies were responding, they received further information the male subject causing the disturbance was associated with a green Ford truck, which was parked in the parking lot of the store.

The caller provided the Sheriff’s Office with a license plate number for the green Ford truck.  A records check revealed the vehicle had recently been reported as stolen out of Eureka.  The suspect in the stolen vehicle report was reported to be (S) Brian Mello, 37, of McKinleyville.

Deputies and CHP Officers arrived on scene and contacted the male subject, who was working under the hood of the vehicle when they arrived.  That subject was identified as Brian Mello.  Deputies conducted an investigation into the circumstances surrounding the stolen vehicle.

Mello was subsequently arrested and taken to the Humboldt County Correctional Facility, where he was booked for auto theft, possession of stolen property, and violating his probation.

May 18 EPD Press Release:

On May 17, 2015 at about 1520 hours, Eureka Police officers responded to the vicinity of
the Bayshore Mall on a report of a Robbery that had occurred with a firearm. The
investigation revealed that no robbery had occurred but officers did receive information
about a subject who was witnessed to be in possession of a stolen dog and a firearm.
Officers learned that Brian Ryan Mello (37 of Eureka) was seen with a dog that had been
stolen from a camp behind the Bayshore Mall. They also learned that Mello had been
seen with a handgun during the past week.
On May 17, 2015 at about 1639 hours, an EPD officer saw Mello walking the described
stolen dog in the 1900 block of Broadway. The officer contacted Mello and detained him
in handcuffs. Mello was searched in accordance with his probation status and found to be
in possession of .380 caliber ammunition. In addition officers located a loaded .380
caliber handgun lying next to a building were Mello was contacted.
Brian Mello is a convicted felon and is prohibited from owning or possessing a firearm or
ammunition. Mello was arrested and booked into Humboldt County Correctional Facility
for being a felon in possession of a handgun and a felon in possession of ammunition.
The dog was returned to the owner and an investigation into the theft of the dog is ongoing.

Michael Throckmorton led away in cuffs after he tries to delay his sentencing for the third time; he chased and beat his ex after she cooked him dinner as she dialed her brother for help

Judge Timothy Cissna and DDA Jackie Pizzo stood up for domestic violence victims this afternoon by not allowing Michael Throckmorton and his Public Defender Own Tipps' attempt to get sentencing delayed for the third time.

He had a job in Virginia was today's excuse to avoid prison. Mr. Tipps also tried to get sentencing continued, again.

"The People object," said DDA Jackie Pizzo. "This is the third time we are on for sentencing. If the matter is continued, we request Mr. Throckmorton be remanded. He committed a crime in California, he was convicted in California, by law he needs to be sentenced and serve his sentence in California." Both DDA Pizzo and Judge Cissna said the state certified batterer's program that Throckmorton needs to attend is in California. Judge
Cissna said inter state agencies do not like to accept people who have committed violence in their state programs.

His attorney Mr. Tipps argued Throckmorton was financially able to pay these fines and fees. However Judge Cissna said that Throckmorton's testified on the stand during his trial how he had a skilled position that was marketable and that he made a substantial amount of money growing commercial marijuana.

Throckmorton testified he had been homeless when Probation interviewed him and in the last month or so he has a job at a restaurant in Virginia. The manager wrote him a letter of support. Judge Cissna ordered he pay restitution to the victim for out of pocket expenses, a $900 fine, another $900 fine if he violates parole/post supervison release, $1,000 to a battered women's shelter, $1,000 to the Humboldt County Domestic Violence Fund, and $2,500 in attorney fees (which the Judge said was dramatically less for two trials). He will be on three years parole and post release supervision and has to register according to Penal Code 296 and cannot possess firearms.

Looks like Throckmorton's bragging did him in today.In his first trial, which I did not cover, he is alleged to have testified on the stand, that he could get any woman he wanted, what would he want with his accuser? He is no looker and came to court in beat up jeans and a ratty sweatshirt but like many of "growers" in the area thinks his cash can get him anything. Marijuana growing and violence against women is a common theme in many court cases. And these are the ones that actually get reported.

I used alleged because while I know the source who attended the first trial when Throckmorton supposedly said this on the stand, I was not present in court when he said this so I cannot confirm.

Throckmorton has a prior felony conviction for cultivation of marijuana.

Judge Cissna citing the 2015 California Rules of Court regarding Probation explained why he denied Throckmorton probation. They are listed below and Judge Cissna related how they applied to Throckmorton.

Rule 4.414. Criteria affecting probation

Criteria affecting the decision to grant or deny probation include facts relating to the crime and facts relating to the defendant.

(a) Facts relating to the crime

Facts relating to the crime include:

(1)The nature, seriousness, and circumstances of the crime as compared to other instances of the same crime;

(2)Whether the defendant was armed with or used a weapon;

(3)The vulnerability of the victim;

(4)Whether the defendant inflicted physical or emotional injury;

(5)The degree of monetary loss to the victim;

(6)Whether the defendant was an active or a passive participant;

(7)Whether the crime was committed because of an unusual circumstance, such as great provocation, which is unlikely to recur;

(8)Whether the manner in which the crime was carried out demonstrated criminal sophistication or professionalism on the part of the defendant; and

(9)Whether the defendant took advantage of a position of trust or confidence to commit the crime.

Judge Cissna's tentative decision was his final decision. No on probation. He gave Throckmorton 3 years which is the mid term.

DDA Pizzo in her remarks before the final decision was stated said she agreed with the Court's tentative decision. She asked for the upper sentence of 4 years. She said the Court had seen evidence that the "defendant would be a danger to the community, "that domestic violence is a pattern of behavior."

"It was such a minor interaction," said DDA Jackie Pizzo. "She cooked him dinner. The defendant decided that she had attitude and the defendant decided to beat her. Mr. Throckmorton in a relationship gets upset if his partner does not do what he wants. He chased her in the house, she locked herself." According to DDA Pizzo, he got to the victim anyway, he broke a painting and beat her with it and she had three large bruises. This was the victim's home, she could not get him to leave, she had invited her brother in an effort to feel safe. DDA Pizzo said that the victim's brother could hear Throckmorton threatening the victim and beating her on the phone.

DDA Pizzo said that Throckmorton refused to take responsibility for his actions. During the trial, he claimed he was not there , "a ridiculous story he could not back up."

Judge Cissna also mentioned Throckmorton's lack of remorse and that he perjured himself on the stand and that a jury convicted him because of that reason.

No other media has covered this second trial or been in court for the numerous times the sentencing has been delayed.

May 22, 2015

Michael "Bad Boy" Throckmorton avoids punishment yet again, will it finally be prison for him on June 19?

Michael Throckmorton was found guilty of a felony: domestic violence in March 26.  On the evening of March 3, 2012, Throckmorton, strangled the victim in their home, then beat her with the wooden frame of a painting, causing severe abrasions to her neck and massive bruising on her leg.

He was to be sentenced on April 29 but asked that the sentencing date be continued and asked to travel out of state. The DA objected citing concerns that Throckmorton would flee. Read the link below from April 2014 for details. I was the only one that has covered this case through the three trials and the final case which got him convicted.

This afternoon at 2 p.m. Judge Timothy Cissna set the date to sentence Throckmorton. He told Throckmorton he had to be there. He did not fly the coop and stay in Virginia but instead of being sentenced, his sentencing was delayed yet again and he has a "mandatory appearance" again for sentencing on June 19 at 2 p.m.

The case was prosecuted by DDA Jackie Pizzo. Throckmorton's attorney is Mr. Owen Tipps from the Public Defender's office. This case went to trial 2 times before the recent conviction.

Today DDA Stacey Eads appeared for Ms. Pizzo in court. Throckmorton spoke to his attorney before court and read the probation report. Again, he whispered the same thing he asked the last two times in court, "will I go to prison?"

Read the previous coverage on links, you will get the "yet again" reference.

Judge Cissna said that he had received a statement of mitigation from Mr. Tipps filed yesterday only at noon today and had skimmed the content. His tentative decision was that he wanted to refer the matter to Probation for a supplemental report to address Mr. Tipp's pleadings.

DDA Eads said that the People were in agreement with the Probation Department recommendation.

Not happy that he got to avoid sentencing now for the second time, through his attorney, Throckmorton's response to Judge Cissna's  suggestion to have sentencing on June 10 was to delay sentencing until June 30.

"We are very concerned with Mr. Throckmorton remaining in the community. Mr. Throckmorton  has a prior felony conviction. Mr. Tipp's pleading does not change the People's position. We would like sentencing to proceed as soon as possible.

"People are prepared to proceed to sentencing today," said Ms. Eads. "One of Mr. Tipp's points was his claim that probation was relying on the wrong facts. This matter went to jury trial. Your honor knows the facts."

Judge Cissna was the trial judge for Throckmorton's last trial. Judge Cissna agreed with Ms. Eads.

"Reluctantly," he set the sentencing date for June 19, 2015 at 2 p.m.

Previous posts:

http://johnchiv.blogspot.com/2015/04/if-bad-boy-michael-throckmorton.html
http://johnchiv.blogspot.com/2015/03/michael-throckmorton-found-guilty-this.html
http://johnchiv.blogspot.com/2015/03/bad-boy-michael-throckmorton-back-in.html
http://johnchiv.blogspot.com/2014/02/pizzo-vs-tibbs-same-or-different-result.html