Thomas Lusk arraigned for jury trial, 13 counts include torture, human trafficking, forcible rape, sexual penetration, assault and forcible oral copulation

Thomas Lusk was arraigned on 6/23 for the jury trial in the 2016 case against him.

Lusk had another preliminary hearing for the 2015 case and was held to answer on all counts. That case was dismissed after the preliminary hearing.

He was arraigned on the 2016 case  for the following charges.

Count 1 Forcible Rape with two special allegations: Torture;  Using a dangerous or deadly weapon, a screw driver and a broom handle and administering a non-prescribed substance, meth.

Count 2 Forcible Oral Copulation with three special allegations: Personally inflicting great bodily injury; Defendant inflicting great bodily injury and Using a dangerous or deadly weapon, a screw driver and a broom handle and administering a non-prescribed substance, meth.

Count 3 Forcible Oral Copulation with three special allegations: Personally inflicting great bodily injury; Defendant inflicting great bodily injury and Using a dangerous or deadly weapon, a screw driver and a broom handle and administering a non-prescribed substance, meth.

Count 4 Forcible Oral Copulation with three special allegations: Personally inflicting great bodily injury; Defendant inflicting great bodily injury and Using a dangerous or deadly weapon, a screw driver and a broom handle and administering a non-prescribed substance, meth.

Count 5 Human Trafficking with the special allegation: infliction of great bodily injury 

Count 6 Sexual Penetration by a foreign object

Counts 7, 8 and 9 Forcible Oral Copulation

Count 10 Torture

Count 11 Assault by means likely to produce great bodily injury with with the special allegation: infliction of great bodily injury 

Each crime Counts 1-4 and Counts 6-9 involved the same victim on separate occasions.

Count 12 and 13 were added.

Count 12 Human Trafficking

Count 13 Assault with Intent to Commit Sexual Offense with a special allegation of a Prior Serious Felony Conviction

Trial Confirmation is on August 4. Jury trial is scheduled for August 15.

May 23, 2016

New charges for Lusk in 2015 case include forcible rape, torture, 6 counts of forcible oral copulation, human trafficking, sexual penetration, assault, using a screw driver and a broom handle

The District Attorney refiled charges in the 2015 case that they had dismissed against Thomas Lusk. He was arraigned on the new charges this afternoon in Courtroom 5.  There are a total of 11 counts.

Lusk is charged with Count 1 Forcible Rape with two special allegations: Torture;  Using a dangerous or deadly weapon, a screw driver and a broom handle and administering a non-prescribed substance, meth.

Count 2 Forcible Oral Copulation with three special allegations: Personally inflicting great bodily injury; Defendant inflicting great bodily injury and Using a dangerous or deadly weapon, a screw driver and a broom handle and administering a non-prescribed substance, meth.

Count 3 Forcible Oral Copulation with three special allegations: Personally inflicting great bodily injury; Defendant inflicting great bodily injury and Using a dangerous or deadly weapon, a screw driver and a broom handle and administering a non-prescribed substance, meth.

Count 4 Forcible Oral Copulation with three special allegations: Personally inflicting great bodily injury; Defendant inflicting great bodily injury and Using a dangerous or deadly weapon, a screw driver and a broom handle and administering a non-prescribed substance, meth.

Count 5 Human Trafficking with the special allegation: infliction of great bodily injury 

Count 6 Sexual Penetration by a foreign object

Counts 7, 8 and 9 Forcible Oral Copulation

Count 10 Torture

Count 11 Assault by means likely to produce great bodily injury with with the special allegation: infliction of great bodily injury 

Each crime Counts 1-4 and Counts 6-9 involved the same victim on separate occasions.

May 19, 2016

Court grants DA motion to dismiss and refile charges against Thomas Lusk now with two victims and two cases including false imprisonment, torture, rape human trafficking and sexual assault

The District Attorney had a motion to amend the information for the 2015 case against Thomas Lusk and they were looking to amends Counts 2,3 and 4. Count 2 Rape by Force, Count 3 Penetration by a Foreign Object, Count 4 Oral copulation with Force/Violence/Duress

This afternoon, the People said they were withdrawing their motion to amend counts in the 2015 case. Instead, they submitted a motion to dismiss the 2015 case and refile the charges and consolidate "with another."

The defense had objected to the DA's motion to amend information in the 2015 case as well as  their motion to dismiss and refile.

Both the prosecution and the defense presented their arguments to Visiting Judge Douglas Mewhinney this afternoon. After hearing both arguments. Visiting Judge Mewhinney said "the Court grants the motion to dismiss over defense objections. The defendant is discharged in this matter."

Since Lusk has been arraigned on the 2016 case, both the People and the defense confirmed the Preliminary hearing for the 2016 case on May 24. Time estimate is two hours.

May 17, 2016

Thomas Lusk charged with torture, rape by force , false imprisonment of female victim who met him at a bus stop gets new charges of human trafficking and sexual assault

The jury trial for Thomas Lusk that was scheduled for May 16, 2015 has been vacated. On May 11, Lusk, who has been in jail for 314 days, was arraigned for a new case, involving a new victim that came forward.

In this new case, Lusk is charged with two felonies. Count 1 Human trafficking. Count 2 Assault with intent to commit a sex offense. Both counts have special allegations that Lusk has a prior conviction for criminal threats.

On 5/19, there is an intervention scheduled for the recent 2016 case and a disposition and reset as well as a motion to amend information in the 2015 case. The jury trial for the 2015 case scheduled for May 16 was vacated. A preliminary hearing for the 2016 case is scheduled for May 24.

May 3, 2016

Trial maybe continued for Miranda man charged with torture, rape by force , false imprisonment of female victim who met him at a bus stop because another alleged victim has come forward

Trial confirmation was scheduled for Thomas Lusk this afternoon. Jury trial is scheduled for May 16. He waived his preliminary hearing on March 8.

Some decision will be hopefully made this Friday at 11 a.m., a special set by Judge Joyce Hinrichs.

Both prosecution and defense attorneys had colleagues substituting for them. Lusk refused to waive time without talking to his attorney.

DA informed defense there was another alleged victim; defense wanted a continuance; DOJ even with a request for expediting won't have DNA results for at least another eight weeks.

Jan 30, 2016

Preliminary hearing continued for Thomas Lusk, Miranda man charged with torture, rape by force , false imprisonment of female victim who met him at a bus stop

Both the intervention hearing and Preliminary hearing for Thomas Lusk were continued and new dates have been scheduled. Intervention is February 25 at 3 p.m. and Preliminary hearing March 8 at 8:30 a.m.

Nov 19, 2015

Preliminary hearing finally set for Thomas Lusk charged with 6 felonies including torture, rape, false imprisonment, oral copulation and has prior conviction of terroristic threats

A preliminary hearing was finally set for Thomas Lusk, who had yet another disposition and rest hearing scheduled for today.

Lusk is charged with six felonies. Count 1 Torture; Count 2 Rape by Force, Count 3 Penetration by a Foreign Object, Count 4 Oral copulation with Force/Violence/Duress, Count 5 Assault likely to produce great bodily injury; Count 6 False Imprisonment and a special allegation of a prior felony conviction, which was of making terroristic threats.

Mr. Greg Elvine-Kreis was present in court today with Lusk. Deputy District Attorney Zachary Curtis is prosecuting the case.

Jul 23, 2015

Preliminary hearing for Thomas Lusk, the Miranda man accused of sexual assault continued

A disposition and reset hearing set for August 13 at 2 p.m. in Courtroom 2. Lusk waived time. DDA Brie Bennett is prosecuting the case. Conflict Counsel's Mr. Marek Reavis is representing Lusk.

Lack of courtrooms is reason for the change.

Lusk's bail was  set at $650,000. 

Jul 9, 2015

Man who was arrested for mistreating a dog in 2011 now charged with alleged sexual assault

HCSO Press Release:

On Monday, 07/06/2015, at about 8:15 PM, a Humboldt County Sheriff’s Office Deputy was dispatched to CA Highway 254 just north of Phillipsville to contact a California Highway Patrol Officer who was standing by with the victim of an alleged sexual assault.

The 31 year old female victim reported that she met Thomas Leonard Lusk Jr., age 34 years, about three days ago near Miranda, CA. She was waiting for the bus to continue her travels. Lusk told her the bus wouldn’t be arriving for several hours and he suggested she wait at his residence. The victim thought this was a good idea and she went with Lusk to his residence in Miranda.

Lusk and the victim were at his residence for several hours conversing. When the victim questioned Lusk about the bus, he became angry and started beating her with his fists and threatened to kill her. Lusk kept the victim captive, by force and fear, in his residence for the next three days where he sexually assaulted her repeatedly. On the third day Lusk left the victim alone and she was able to escape through a bedroom window. She ran to the highway where she encountered a subject in a parked car making a phone call. She jumped in the car, told the subject she had been sexually assaulted, and requested a ride to the hospital. The driver started toward the hospital and encountered the CHP officer who notified the Sheriff’s Office of the assault.

On Wednesday, 07/08/2015, Lusk was arrested at his residence where a search warrant was served. Lusk was arrested and charged with rape through force and violence, sexual battery, oral copulation through force or fear, sexual penetration through force or fear, criminal threats, and false imprisonment.

From Times-Standard article in June 2011:

Humboldt County Sheriff's Office arrested a Miranda man Wednesday night for allegedly firing shots at another man after the man confronted him about mistreating a dog.
Deputies arrested Thomas Leonard Lusk, 29, and booked him into the Humboldt County jail on charges of assault with a deadly weapon, unlawful discharge of a firearm, robbery and vandalism. His bail is set at $100,000.

Deputies received a call around 8 p.m. from a 23-year-old Eureka man who said he was shot at by an unknown person on the side of U.S. Highway 101 near the Miranda Bridge. Deputies and the California Highway Patrol responded.

According to a press release, the man had been parked in the turnout working on his broken-down vehicle when he saw Lusk mistreating a dog. The man said he "verbally confronted" Lusk about the mistreatment, reportedly angering Lusk, who threatened to shoot the victim before riding off on his bicycle.

About five minutes later, Lusk returned on his bicycle carrying what appeared to be a rifle. Lusk reportedly started shooting at the Eureka man, who fled into the bushes and called 911. Law enforcement officers reportedly arrived after Lusk allegedly entered the man's car and began removing items before fleeing into nearby bushes.

The officers ordered Lusk out of the bushes, and he complied.

After deputies informed Lusk he was under arrest, he reportedly began kicking the inside of the patrol car, damaging it. He was transferred to another deputy's patrol car and reportedly damaged the interior of the second 

Defense requests continuance for preliminary hearing for Broc and Colt Tuel, alleged suspects in Humboldt Hill shooting

Since the Tuel brothers, Broc and Colt, made bail this week, there was no need for a OR/Bail hearing June 23. Their attorneys, Mr. Patrik Griego and Mr. Michael Robinson requested modifications to the CLETS protective orders for their respective clients, that was not addressed. They filed 977 forms for waiver of personal appearance for certain court hearings and entered time waivers on behalf of their clients.

Broc Tuel and Colt Tuel were both present with their attorneys.

The defense requested a continuance to the preliminary hearing scheduled for July 5. Deputy District Attorney said that the People would not oppose that if the "victims agree" but that the People were "unable to notify the victims of the request for continuance".

That issue will be addressed during intervention on June 29.

Jun 22, 2016

Alleged Humboldt Hill suspects Brock and Colt Tuel each made bail, which was $500,000 for each and are out of custody

Alleged Humboldt Hill shooting suspects Brock and Colt Tuel made bail, which was $500,000 each, and are out of custody.

Previous post (with links to all coverage):

http://johnchiv.blogspot.com/2016/06/brock-and-colt-tuel-served-with.html

Adopt a dog, help free up space and lessen likelihood of lost dogs being euthanized after 4th of July

Request from Tamara Falor to community:

Please pass the word that there really great dogs waiting to be adopted at the Shelter and every adoption will free up space for those lost 4th of July dogs and lessen the likelihood that dogs will need to be euthanized for space over this 4th of July.

Here is information from a mypet.com article:

* Take your pet out for a walk before fireworks begin to exercise, relax and go "potty".

* Keep him inside during fireworks with the windows securely closed. He may even feel most comfortable in a small interior room. Be sure to remove any items that your pet could destroy, or that would be harmful if chewed or ingested.

* Make sure your pet is microchipped and that your information is up to date.

* If your pet is extremely sensitive to loud noises, talk to your veterinarian before the holiday weekend. He or she will offer ways to help alleviate your pet's fear and anxiety.

If your dog does turn up missing, for most of the County, if dogs are taken to the shelter, the dogs will be taken to the Humboldt County Animal Services Shelter, and you should check www.petharbor.com and use any local zip - like 95501 and then click on Humboldt County Animal Services Shelter and then click to see lost dogs. This listing is updated every hour. Please don't go by the breed you think your dog is. The shelter folks make the best guess about the breed of a dog, but this designation may be different that yours :O)  (Fortuna and Ferndale are serviced by Miranda's Rescue).

You can also call 840-9132 and leave a message that your dog is lost or you have found a dog. The shelter is closed weekends, on the 4th of July, but there are attendants there looking after the animals and they will be checking the recording. Depending on the number of animals in shelter, and their medical needs, etc. you may not get a call back, but it is still important to leave the message!   Please make sure to leave your contact information, your dog's name and any special medical requirements your dog has.

If you find your dog is in the shelter, please come and retrieve your dog, as soon after 10 am on Monday, July 4th as you can, the shelter fills even during the time the shelter is closed - local law enforcement brings in dogs, and then on Tuesday after the 4th, people who have found dogs, but have been unable to locate their owners will bring them in. As long as dogs keep moving out to their owners as soon as they can, somehow the shelter survives this incredibly busy time of year!

The shelter does not take credit cards and so bring a check or cash for the bail money to get your lost dog out. Also you will need proof rabies for lost dogs and so if you don't have proof the shelter will need to get a shot for your dog and charge you for it, and this . 

For more information call (707) 840-9132 or come to 980 Lycoming Avenue, McKinleyville (95519) - Take the Airport Road exist just north of McKinleyville and follow the blue signs to the shelter.

Shelter hours are from 10 am to 4 pm Monday through Friday with extended hours on Tuesday and Thursdays until 7 pm.

Shelter is closed on both weekend days (Saturday and Sunday). The shelter will be closed on Monday the 4th of July.

Have a safe and happy 4th of July holiday!

Old man dressed in speedo and a shirt standing around Old Town waiting for a mystery woman

I am having coffee at Oberon just relaxing. One of the staff mentions he is going to go check on an old man who has been leaning on a pole from the past 2 hours, just staring.

The staff member came back in. The guy is dressed in just his shirt and a speedo. He told the staff member that "he is waiting on this girl, he met yesterday and she told him she would look out her window to look at him. He had such a good time yesterday that he decided to come back today."

Another person walked up to him and walked away. 

I walked up to him and aked him if he was okay and that people were concerned because he had been standing out for a while.

He was very friendly and said, "Oh yes. See, I was waiting here yesterday, right atvthis corner and out of nowhere, this girl appeared, like an angel out of heaven. She was so sweet. She told me she saw me. She lives some were over there."

I asked him if she told him to wait here today. He said, "that's true, she does not know I am here."

I told him, maybe he should go home for a couple of hours and then come back, "add a little mystery, see if she looks for him."

Then he told me people tell him to go home all the time for standing in the sun  but he tells them how he is supposed to get a tan?

He thanked me for my concern. I wished him a good day. He did start to walk away as I left.

Help Fortuna Police Department locate this alleged stalker and suspect claimed to have made criminal threats

Wanted: BAY, Kirby Mark.

This is someone with a felony warrant Fortuna PD is looking for.  He is on both FOPD and the online HCSO warrant list. Because of the nature of the warrant,  this information was shared by Operation Safe Streets and I am also posting the information (criminal threats and stalking 646.9 PC) in the hopes this person is located.  If you see him, please let FOPD know, 725-7550 or call 911, do not approach or attempt to apprehend him.

To see a full list of active Humboldt County warrants, visit www.humboldtgov.org/2215/Warrants

Hours after Sohum's Most Wanted hits media, one turns himself in

One of Sohum's Most Wanted, Nathan LaCount, turned himself in to HCSO, hours after the Most Wanted poster was sent to media.

Hoopa tribe severs relationship with Ray's food market

The Hoopa Valley Tribe has made every effort to work with Ray’s Food Place and C & K
Markets, Inc. in order to ensure that Ray’s Food Place in Hoopa is a safe place for community
members to shop. The rodent infestation inside the store, which appears to have developed over
an extended period of time, is reprehensible and unacceptable. Ray’s should be ashamed of
themselves for expecting tribal and community members to purchase products contaminated with
rat feces, oils, and urine.
The Tribe has therefore determined that the severance of our business relationship with Ray’s
and C & K is in the best interests of the community due to health and safety concerns. The
Hoopa Valley Tribal Council Members want to assure the membership and the community that
they are working diligently to develop both short-term and long-term solutions that ensure access
to safe and healthy food. The Hoopa Valley Tribe will make every effort to publicize any and all
temporary services we provide on an ongoing basis, including grocery distributions and free
transportation to stores in the Eureka/Arcata area, which will assist them with their household
shopping needs.
The Tribe will continue to use all communication avenues at its disposal to provide updates to
the membership and the community regarding our efforts.

Humboldt Bay Fire unit responding to vegetation fire in the Elk River area

Facebook post from Humboldt Bay Fire:

Humboldt Bay Fire is responding to a vegetation fire in the Elk River area. Please use caution in this area.

We need less Jason Singletons and more Charlie Beans in Humboldt; advocates could take a lesson from Charlie in how to get things done

Local activist Charlie Bean is one of my favorite Eurekans.

Recently, he sent an email, reprinted below, to Eureka City Council members and staff.

The letter is linked below.

Excerpt from the letter:

"It is being requested the City of Eureka add to its Municipal Code, “§120 – Taxicabs and Limousines” the following verbiage: Both Independent and Corporate Taxicab Services shall provide reasonable accommodations to passengers with disabilities, including to passengers accompanied by a service animal, passengers with hearing and visual impairments and passengers with mobility devices."

I reached out to City Cab's Chief Operating Officer, Mr. Jaison Chand, and he has had conversations with Mr. Bean and feels they are in a productive dialogue. City Cab is currently the only taxicab in Eureka, but there have been many others through recent years; most of which have not serviced the disabled population, because there was no mandate.

Mr. Chand told me today that there are similar ordinances in other cities, and he thinks "Charlie is a solid advocate for both business and the disabled citizens."

Mr. Chand said “when Charlie talks, I listen”. Mr. Chand also commended Mr. Bean for his willingness to work with both the City and with private companies to address ADA issues and work through the process. Mr. Chand said that while his company needs to make a few changes, the ordinance assures accessible service from anyone providing transportation in the city. This is really important with the rise of independent contractors and apps like Uber and Lyft who often provide accessible service only where it is mandated by ordinance.

I find Charlie’s approach refreshing in contrast to someone like Jason Singleton, who sues, and expects results within unrealistic timelines.

I have contacted City Manager Greg Sparks and City Clerk Pam Powell to follow up on Charlie's request.

Mr. Sparks responded : "To date, no council member has asked to place this on a future agenda."

From: (email address removed for post)
Sent: Tuesday, June 14, 2016 9:18 PM
To: Greg Sparks; Kim Bergel; Marian Brady; Melinda Ciarabellini; Linda Atkins; Rob Holmlund; Natalie Arroyo; Wendy Howard
Cc: Charlie Bean; Pam Powell
Subject: Public Transportation and Access to Use of Taxi

Working with individuals surrounding our County's and different City's Public Transportation system future changes are coming our way.  I have seen local taxicab services changing in neighboring cities, as well as in cities I have visited, to individually owned Taxicab services.  These changes may be good for the able-bodied, but on weekends and evenings where there is not any public transportation or dial-a-ride the disabled and seniors of our community do not have equal opportunity to participate in community events if they depend on public transportation.

Attached is my suggestion for eliminating the lack or transportation facing our community in the future and now if there are individual taxicab services within the City of Eureka.

Thank you,

Charlie Bean

(telephone number removed for post)

file:///C:/Users/John/Downloads/City%20of%20Eureka%20Taxi%20Code%20Request.pdf

Tenacious victim helps HCSO nab suspect

On Tuesday, May 10, 2016, at about 2:35 p.m. Humboldt County Deputy Sheriffs responded to a residence on the 2000 block of Peninsula Drive, Manila, CA. Deputies met with a 63 year old male. The victim stated his locked storage shed was broken into sometime between May 3rd and May 5th. The victim told deputies a set of 17” American Mag rims with Grand Prix tires with white lettering were stolen along with a trainer tire, 225X15, copper wire shaped like a barbell, and miscellaneous items. The victim stated he located the copper wire at Arcata Salvage.

Deputies went to Arcata Salvage to investigate. Deputies received a sale slip and video surveillance of the person who sold the copper wire to Arcata Salvage. The wire was sold by 23 year old William German. The video showed a thin white male driving a small brown pickup truck with a darker canopy shell. Deputies took the copper wire and booked it in as evidence.

On Thursday, June 23, 2016 at about 12:55 p.m. Deputies responded to Alto Brothers in Eureka to meet with the victim who located a possible suspect vehicle and stolen property. Upon arrival, deputies observed a brown pickup truck with a black canopy. The victim stated he could see one of his stolen tools, a hammer, in the truck. There were numerous tools in the truck as well as a Husqvarna and a Stihl chainsaw. It is unknown if the tools in the truck were stolen.

A vehicle arrived on scene and William German exited the vehicle. The parked truck belonged to German. German returned the hammer to the victim. Deputies ran a records check and discovered German had a warrant for his arrest. Deputies detained German in handcuff. After German was handcuffed he ran away from the Deputies. The Deputies were able to catch German after a brief pursuit. Deputies searched German prior to arrest and located credit cards on his person that were not in his name, drug paraphernalia, and suspected heroin.

German was arrested and taken to the Humboldt County Correctional Facility where he was booked for possession of stolen property, resisting arrest, possession of a controlled substance, possession of unlawful drug paraphernalia and a warrant for possession of stolen property. His bail was set at $10,000.

It has been two months since Mr. Meserve has been found guilty of 15 felonies. The two victims have a Marcy's right to see restitution and justice." Defense wants new trial.

The defense scheduled a motion to be heard for a new trial yesterday at 4 p.m. for Kailan Meserve. While Mr. David Celli from Mr. Russ Clanton's office was present in court, Kailan Meserve decided in court that he wanted Mr. Clanton present to argue the motion.

The People oppose the motion. Deputy District Attorney Stacey Eads, who appeared on her behalf of her colleague, Ms. Bennett, told Judge Timothy Cissna, "It has been two months since Mr. Meserve has been found guilty of 15 felonies. The two victims have a Marcy's right to see restitution and justice. It has been a significant time since the jury came back with a verdict."

Mr. Celli responded, "



The hearing is now scheduled for June 27 at 4 p.m. in Courtroom 4. Both Ms. Bennett and Mr. Clanton are expected to be at that hearing.

Apr 19, 2016

Kailan Meserve found guilty of 15 counts, taken away in cuffs after verdict

Guilty on all 15 counts. For Count 1, he was found not guilty of kidnapping but he was found guilty of the lesser charge of false imprisonment.

The jury did not find special allegations of kidnapping true for Counts 1-7.

Meserve was charged with 15 counts, many counts have the option of lesser charges and there are special allegations.

Count 1 kidnapping (Jane Doe #1 to commit rape), Count 2 Forcible rape (Jane Doe #1), Count 3 Forcible oral copulation (Jane Doe #1),Count 4 Forcible oral copulation (Jane Doe #1), Count 6 Assault by means likely to produce great bodily injury (Jane Doe #!), Count 7 Criminal threats (Jane Doe #1), Count 8 Forcible Rape (Jane Doe #2), Count 9 Forcible Rape (Jane Doe #2), Count 10 Forcible oral opulation (Jane Doe #2), Count 11 Forcible Oral copulation (Jane Doe #2), Count 12 Forcible Oral Copulation (Jane Doe #2), Count 13 Forcible Oral Copulation (Jane Doe #2), Count 14 Sexual battery (Jane Doe #2), Count 15 Sexual battery (Jane Doe #2), Count 16 Sexual penetration by a foreign object (jane Doe #2).

Special allegation of kidnapping for Counts 1 to 7.

Previous reports have stated 16 counts. One count, count 5, sexual penetration by a foreign object, is a charge Meserve was not held to answer after the preliminary hearing.

That one count was not updated and unclear in the computer last time I checked during the trial but I got clarification from Deputy District Attorney Brie Bennett after the verdict.

Kailan Meserve was led away in cuffs after the verdict was read.

Sentencing is July 1st at 8:30 a.m. Meserve waived time for sentencing.

Other posts:

http://johnchiv.blogspot.com/2016/04/da-on-kailan-meserve-verdict.html

http://johnchiv.blogspot.com/2016/03/kailan-meserve-jury-trial-confirmed.html

Jury trial for former Miss Hoopa charged with four counts of alleged abuse including abnormal sexual interest in children vacated

Jury trial date scheduled for June 27 for former Miss Hoopa, Kayla Brown's, case, was vacated today at trial assignment. A future date for setting has been scheduled for July 20.

There has been an offer made in the case and so there is a possibility that the case may resolve.

Apr 11, 2016

Jury trial for former Miss Hoopa Kayla Brown charged with four counts of alleged abuse including abnormal sexual interest in children postponed until early summer

Trial confirmation was scheduled today at 2 p.m. for Kayla Brown. The defense filed a motion to continue. People consulted with the victim and family and did not object.

The April 25 trial date has been vacated and the new trial date is June 27.

Only the victim's family members were in court this afternoon.

Deputy District Attorney Brie Bennett was in court for the People. Ms. Rebecca Linkous, appeared on behalf of Mr. Ben McLaughlin who is Brown's defense attorney.

Jan 4, 2016

Former Miss Hoopa's conditional plea rejected, case to proceed to jury trial with original charges

Former Miss Hoopa, Kayla Brown was supposed to sentenced this afternoon. Judge John Feeney had accepted a conditional plea on December 4. The victim's family, particularly her mother, changed her mind. The People asked the plea be rejected.

After Judge Feeney announced his tentative decision to reject the plea deal, there were arguments presented by both attorneys, District Attorney Maggie Fleming for the People, Deputy District Attorney Brie Bennett, who prosecuted the case, was present in court as well.  Mr. Ben McLaughlin was present with his client. The final decision was that the conditional plea was rejected.

 New jury trial date with original charges is scheduled for April 25, 2016. Trial confirmation is April 11 at 2 p.m.in Courtroom 1.

The People and the Court cited that the original plea deal did not reflect the conduct alleged in this case. The victim's family wanted to be present on December 4 but could not be there, they had a requested a special setting that had been denied, said Ms. Fleming.

Judge Feeney acknowledging the difficulty for both families, said that he had mentioned that the plea was conditional, he reminded defense that he had been hesitant to accept the plea last month, that he took two breaks and hesitantly accepted the plea deal because he understood the resolution was acceptable to both parties were in agreement. Judge Feeney said that a preliminary hearing had been waived in this case, so he did not have a transcript but since he accepted the conditional plea, he had time to review, reflect and learn more about the case through the probation report.

He said the charge of PC 236 of false imprisonment did not reflect the alleged criminal conduct in this case.

Judge Feeney referred to page 19 of the probation report which stated that the "charges to which Ms. Brown plead to do not reflect the alleged criminal conduct."

Mr. McLaughlin advocated passionately twice to Judge Feeney to get him to change his tentative decision. He told Judge Feeney that the negotiated disposition had been arrived after discussion over three to four months. The victim's family agreed to that resolution. "I don't know how the family's emotion affected the DA's office. I am blinsided by this"

"Homosexuality is a taboo issue in the society she lives," said Mr. McLaughlin. He said he was not insulting any culture and that is what he had been told. He said his client had suffered public humiliation, that due to sexual orientation she could no longer participate in tribal ceremonies.

Referring to his sentencing memorandum, Mr. McLaughlin mentioned that Brown was "a sexually immature person struggling with her sexuality, she found a person who accepted her.I am not saying that the conduct was okay."

Ms. Fleming told Judge Feeney that the People accepted the plea last month because it was the victim and her family chose that negotiated disposition at that time, instead of going through a jury trial.

"Plea bargains should ultimately reflect the conduct of the individual, this plea did not reflect the conduct in this case," said Ms. Fleming. "

"This is not about emotion, " said Ms. Fleming. "It is about the criminal justice system honestly reflecting on a decision. We only agreed to the plea due to the victim's desire not to have a trial."

Dec 4, 2015

Judge Feeney initially hesitant, accepts conditional plea from former Miss Hoopa Kayla Brown for false imprisonment and degrading, immoral conduct in the presence of a child with limited sex offender registration

Former Miss Hoopa, Kayla Brown, entered a change of plea this morning in Courtroom 1. After taking two breaks to review the declaration of the arrest warrant which the defense stipulated to as a factual basis and reviewing a psychiatrist's report on Brown, Judge Feeney said that he hesitantly accepted the plea deal.

"I am hesitant to accept the conditional plea," said Judge Feeney. Acknowledging that plea deals are a part of resolving some cases, Judge Feeney expressed concerns about the amended counts being supported by the declaration for the arrest warrant, the victim's feelings and the limited sex offender registration for just five years.

Deputy District Attorney Zachary Curtis was in court for his colleague DDA Brie Bennett today, who has been prosecuting this case. Mr. Ben McLaughlin was present with his client Brown.Judge Feeney asked if Mr. Curtis had seen Dr. Jessica Ferrente's 288.1 report. Judge Feeney was also informed that DA Maggie Fleming was aware of the deal and Mr. Curtis told him that there had been extensive discussions with the victim and family members, "it is not the preferred disposition but my understanding is that they will go along with it."

Mr. McLaughlin told Judge Feeney that according to Dr. Ferrente's report, Brown was at a very low risk to reoffend.

Mr. McLaughlin told Judge John Feeney that as a part of the agreed disposition and plea, "The People move to amend the information and add Counts 5 and 6." Brown agreed to plead to Count 5 PC 236 which is false imprisonment, without force, fear or coercion. Although she plead to this as a felony, it is a wobbler and can be charged as a misdemeanor. Mr. McLaughlin told Judge Feeney that charge "will be reduced and dismissed eventually."

Count 6 is PC 273 (g) which is Lewdness or Drunkness in the presence of a Child. Judge Feeney when taking the plea, said "Degrading, immoral conduct in the presence of a child."

"The People are not requesting additional jail time, " said Mr. McLaughlin. The plea deal is for five years probation, Brown has to register as a sex offender but Mr. McLaughlin said that the plea deal was that only for the duration of probation. He added that she may petition for early termination of probation. "Neither offense she is pleading to requires registration but we agreed due to the negotiated plea. The probation officer would be aware but she would not be required to register on Megan's law"

DDA Zach Curtis added that the People had requested a stay away order.

In October, 21 year old Kayla Brown, was arraigned and charged with four counts of alleged sexual abuse against a minor victim under the age of 16 years. Count 1 Abnormal Sexual Interest in Children and arranging a meeting for that purpose PC 288.4 (b); Meeting a Minor for lewd purposes.

The complaint alleges that, "a felony was committed by Kayla Muriel Brown, who did unlawfully and motivated by an unnatural and abnormal sexual interest in children, arrange a meeting with Jane Doe, a minor and a person defendant believed to be a minor, for the purpose of exposing the genitals and public and rectal area of Jane Doe and defendant and to engage in lewd and lascivious behavior and did go to the arranged meeting place at and about the arranged time."

Count 2 Sexual penetration with a foreign object; [289.(i)  any person over the age of 21 years who participates in an act of sexual penetration with another person who is under 16 years of age shall be guilty of a felony]

Count 3 288.3 (a) [288.3.  (a) Every person who contacts or communicates with a minor, or attempts to contact or communicate with a minor, who knows or reasonably should know that the person is a minor, with intent to commit an offense specified in Section 207, 209, 261, 264.1, 273a, 286, 288, 288a, 288.2, 289, 311.1, 311.2, 311.4 or 311.11 involving the minor shall be punished by imprisonment in the state prison for the term prescribed for an attempt to commit the intended offense]

Count 4 PC 647.6 (a) which is child molestation/annoying a child.

 Counts 1 to 4 were dismissed by the People after Brown entered her pleas of guilty.

Brown waived her preliminary hearing in September 2015. Mr. McLaughlin told Judge Feeney that this was because "we were in the midst of negotiations."

Judge Feeney advised Brown that after the probation report, the plea could be rejected and this was just a conditional plea at this time.

Both the victim's family and friends as well as defendant's family members and friends were in court today, as they have been for every hearing. Sentencing is on January 4 at 4 p.m. in Courtroom 1.

Nov 18, 2015

Resolution expected in case for former Miss Hoopa charged with four counts of alleged abuse including abnormal sexual interest in children

This afternoon at 2 p.m. a hearing was scheduled to set a jury trial date for former Miss Hoopa, Kayla Brown, who is charged with four counts of alleged abuse against a minor female victim under the age of 16.

Deputy District Attorney Brie Bennett is prosecuting the case. Mr. Ben McLaughlin is representing Brown.

Today, a jury trial date was supposed to be set. Brown has signed a 977 former, a waiver of personal appearance for certain hearings and was not in court. Her family was not present either. The victim's family was present.

Mr. McLaughlin told Judge Joyce Hinrichs that "I am fairly certain there will be a resolution."

DDA Bennett agreed that there is an anticipated plea and said she had spoken with the victim and the victim's family last night.

"I will counsel my client to accept the offer," said Mr. McLaughlin.

Next court date is December 4 at 9:30 a.m.

Oct 28, 2015

Former Miss Hoopa arraigned for four counts of alleged abuse including abnormal sexual interest in children

21 year old Kayla Brown, former Miss Hoopa, charged with four counts of alleged sexual abuse against a minor victim under the age of 16 years was arraigned this afternoon. Deputy District Attorney Brie Bennett is prosecuting the case. Mr. Ben McLaughlin is representing Brown. Today, Rebecca Linkous appeared on behalf of Mr. McLaughlin in court.

DDA Roger Rees appeared for his colleague, Ms. Bennett. Ms. Linkous said that the defense is "in active negotiations" with Ms. Bennett, case may resolve. Next court date is November 18 for setting.

Brown was arraigned on  with four counts. Count 1 Abnormal Sexual Interest in Children and arranging a meeting for that purpose PC 288.4 (b); Meeting a Minor for lewd purposes.

The complaint alleges that, "a felony was committed by Kayla Muriel Brown, who did unlawfully and motivated by an unnatural and abnormal sexual interest in children, arrange a meeting with Jane Doe, a minor and a person defendant believed to be a minor, for the purpose of exposing the genitals and public and rectal area of Jane Doe and defendant and to engage in lewd and lascivious behavior and did go to the arranged meeting place at and about the arranged time."

Count 2 Sexual penetration with a foreign object; [289.(i)  any person over the age of 21 years who participates in an act of sexual penetration with another person who is under 16 years of age shall be guilty of a felony]

Count 3 288.3 (a) [288.3.  (a) Every person who contacts or communicates with a minor, or attempts to contact or communicate with a minor, who knows or reasonably should know that the person is a minor, with intent to commit an offense specified in Section 207, 209, 261, 264.1, 273a, 286, 288, 288a, 288.2, 289, 311.1, 311.2, 311.4 or 311.11 involving the minor shall be punished by imprisonment in the state prison for the term prescribed for an attempt to commit the intended offense]

Count 4 PC 647.6 (a) which is child molestation/annoying a child.

Sep 22, 2015

Former Miss Hoopa charged with alleged abuse of female minor waives preliminary hearing

Today, a  preliminary hearing was scheduled for Kayla Brown, the former Miss Hoopa charged with alleged abuse of a minor female victim.

Brown was in court with her attorney, Mr. Ben McLaughlin and members of her family.

The victim and her family were not in court but present in the building.

Visiting Judge Thomas Breen was calling the calendar today in Courtroom 8.

DDA Brie Bennett is prosecuting the case.

Brown waived her right to a preliminary hearing today. She also waived time for arraignment.

Discussions about a possible resolution are occurring and the case may resolve before arraignment.

Arraignment on information is scheduled for October 28 at 2 p.m. in Courtroom 1.

No other media was in court this morning.

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Aug 17, 2015

Preliminary hearing for Miss Hoopa charged with 4 counts of alleged abuse of a minor victim including abnormal Sexual Interest in Children delayed again

Today, there was an intervention scheduled for  Miss Hoopa Kayla Brown. Brown is Humboldt's first alleged female abuser with first female underage victim. Charges include abnormal sexual interest in children.

Kayla Brown is charged with four counts. Count 1 Abnormal Sexual Interest in Children and arranging a meeting for that purpose PC 288.4 (b); Count 2 Sexual penetration with a foreign object; [289.(i)  any person over the age of 21 years who participates in an act of sexual penetration with another person who is under 16 years of age shall be guilty of a felony]; Count 3 288.3 (a) [288.3.  (a) Every person who contacts or communicates with a minor, or attempts to contact or communicate with a minor, who knows or reasonably should know that the person is a minor, with intent to commit an offense specified in Section 207, 209, 261, 264.1, 273a, 286, 288, 288a, 288.2, 289, 311.1, 311.2, 311.4 or 311.11 involving the minor shall be punished by imprisonment in the state prison for the term prescribed for an attempt to commit the intended offense] and Count 4 PC 647.6 (a) which is child molestation/annoying a child.

The alleged victim is under 16 years of age. 

Intervention hearings take place in a closed courtroom. This case ended up being called before 3 p.m. but I was outside waiting to get dates and so was the victim's family. DDA Brie Bennett who is prosecuting the case spoke privately with the victim's family. Ben McLaughlin is representing Brown  along with Rebecca Linkous but Mr. David Celli appeared on behalf of Mr. McLaughlin today.

Preliminary hearing was scheduled for September 26 but it has been delayed yet again. The new intervention date is September 14 and the new preliminary hearing is September 22.

Previous post:

http://johnchiv.blogspot.com/2015/07/i-do-not-want-to-speak-to-whether.html?m=1

Jun 12, 2015

Former Miss Hoopa charged with alleged sexual abuse of female minor, family still unable to retain a lawyer

The preliminary hearing for Kayla Brown has still not occurred. First, her private attorney Jeffrey Schwartz declared a conflict. Then, another private attorney, Mr. Ben McLaughlin made a special appearance twice but still has to be retained and paid by Brown's family. Today, a 2 p.m. hearing was scheduled for Confirmation of Counsel in Courtroom 1. Mr. David Celli appeared for Mr. Ben McLaughlin and asked Judge John Feeney to continue the matter for another week. This is the third continuance and I did not see Brown's family in the courtroom.

June 24 at 2 p.m. is set for Confirmation of Counsel in Courtroom 1.

DDA Brie Bennett is prosecuting the case. DDA Zach Curtis who is the other prosecutor handling all CAST cases appeared for the People and did not object to the continuance. The victim's family and supporters were present and they talked with Mr. Curtis outside court.

Last post with other links/background on case:

http://johnchiv.blogspot.com/2015/05/still-no-preliminary-hearing-for-former.html