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Mar 23, 2019
Mar 22, 2019
Jane Doe, the eyewitness in Lorna Leen's case cusses me out and calls me wetback
The family of Brandon Brocious, friends and supporters have been at every hearing. His father Chip and Chips's girlfriend Colleen and another gentleman have been very grateful and kind. All attending are very respectful and well behaved inside and outside the courtroom. In fact,one of them came up to me after an encounter with Jane Doe today. She is someone I have never see before today. Colleen thanked me for the information and help.
Jane Doe is the civilian witness who is expected to testify at Lorna Leen's preliminary hearing.
When will Chad Smith's jury trial start?
Chad Smith's jury trial is "trailing" the Cory Fisher trial. Smith is charged with molesting his former stepdaughter. Jury trial was scheduled to start March 25.
Trial assignment continued to March 29. Time estimate is 25 days.
DA has issue with yet another Judge in the Lorna Leen case
Preliminary hearing for murder suspect Lorna Leen was scheduled on March 22 at a special set of 1:30 p.m. in Courtroom 6 in front of Judge Gregory Elvine-Kreis. Yesterday, the District Attorney filed a motion to disqualify Judge Elvine-Kreis. This is under PC 170.1.
Judge Elvine-Kreis filed a response. That document is not visible to the public. If Judge Elvine-Kreis stated there is no conflict, then another Judge has to make a ruling. If he agrees with the People, then the preliminary has to be heard by another Judge.
Deputy District Attorney Roger Rees already made a motion to disqualify Judge Kelly Neel under PC 170. 6 on 3/20 and the preliminary hearing got continued, yet again. The 170.6 is granted if requested by either party.
I just checked with Court Operations Manager Kelly Nyberg. It will be called today at 1:30p.m. in Courtroom 6. Stay tuned whether it is a go for today or not?
I notified other media who are covering the preliminary and the family heard about this possibility via my blog post. Mr. Rees did not even inform the family that he was filing a disqualification. Every one sat around all afternoon for another continuance. There have been several continuances and hours where the family is waiting around.
One of the family members/supporters who has come to every hearing said, it has been 225 days since Brocius passed.
1:30 p.m. update: Judge Elvine-Kreis mentioned PC 170.3 that is when a Judge disqualifies or recuses himself/herself, they notify the Presiding Judge.
3:15 p.m. update : scheduling was discussed.
Mendocino County Judge Ann Moorman
is going to issue a ruling whether Judge Elvine-Kreis should preside over the preliminary hearing. Parties to be back at 1:30 on Monday.
Mr. Rees is starting a jury trial on March 25. Deputy Public Defender Casey Russo has closing arguments for a trial on Tuesday morning.
To schedule this special set, court operations put in effort. Had Mr. Rees not disqualified Judge Neel, the hearing would have proceeded on 3/20.
People's evidence will take 3-4 hours. EPD Detective Ronald Harpham and Sgt. Shawn Sopoaga as well as civilian witness Jane Doe are expected to testify. Jane Doe will be represented by Conflict Counsel Supervising Attorney Meagan O'Connell. Defense wants to call three witnesses. Mr. Rees plans to file a motion to exclude the witnesses.
Previous post:
https://johnchiv.blogspot.com/2019/03/lorna-leens-preliminary-hearing-has.html?m=1#more
Second Marsden motion denied for David Anderson
A second Marsden motion hearing requested by alleged human trafficker David Anderson
was denied. Intervention is scheduled for April 17. Preliminary hearing is scheduled for April 22.
Deputy Conflict Counsel David Lee is retiring
Since it is now common knowledge, I can post that Deputy Conflict Counsel David Lee is retiring.
He will retire after the Cory Fisher jury trial.
Former Public Defender Owen Tipps who left that office to take another legal position with Humboldt Superior Court is going over to the Conflict Counsel's office.
Multiple recent arrests, fails to show up court, violates probation, take away this plea and send him to prison
Shirley Markis arrested by Arcata Police yesterday on a bench warrant and booked for resisting arrest. The warrant had been issued at the February 19 hearing.
Why is his recent plea still being offered? This man has no fear of breaking the law, he cannot even show up to court when he is offered a plea. He laughs in court because he knows there will be no consequences.
Mar 21, 2019
"We are partying homeboy. Go ahead call EPD. You wanna see my dick?"
Since 4 p.m. these two have been screaming and yelling and walking near residences and offices in the area. It is Old Town and it is Eureka; it is a daily thing. That bench on 2nd and H and the one on 2nd and J is an ongoing issue, all day and all night. Try getting sleep or work done any day, for months. Even the rain and wind doesn't deter these zombies.
Man during Big Lagoon camping trip heard John Doe #1 cry and say, "Please don't it hurts; take it out."
Before DA Investigator Kyla Baxley, the last witness for this afternoon testified, Judge Timothy Canning read a jury instruction. He told the jurors what was said by the two anonymous people who made a report about the Big Lagoon Camping trip was not evidence
On July 11, 2011, Ms. Baxley who worked for the Humboldt County Sheriff's Office at that time, assisted the DA in an investigation. These details about the Big Lagoon camping trip have not been available until Detective Baxley's testimony today.
Before Cory Fisher, there have been "6 to 8" Prison Rape Elimination Act investigations involving Humboldt County
This afternoon, Deputy Conflict Counsel David Lee grilled HCSO Detective Jennifer Turner on her investigation. He asked her why she did not verify if Cory Fisher had actually worked the shifts when James Doe #3 said he was arrested; why she did not talk to other correctional officers. He asked about surveilance video and logs and recording of electronic wands an officer uses during cell checks. Many of the same questions asked and answered during the preliminary hearing.
Jury trial for Kody Marcelli's assault case scheduled for May 13
Trial confirmation for Kody Marcelli's assault case is scheduled for May 1. Jury trial is scheduled for May 13.
People make an offer to resolve both of Aaron Hungerford's cases
Aaron Hungerford had intervention today and showed up in court with the woman who asked the court to modify the protective order at the last hearing.
Preliminary hearing was confirmed for March 26. Offer by the People was put on record. Hungerford has two cases.
Jury trial for man who worked at a local TV station and is charged with molesting his step daughters scheduled for July 15
Alleged molestor Mark Dare has a trial confirmation scheduled for June 25. Jury trial is on July 15. Dare was ordered to appear in court on those two dates.
Abdiel Sosa keeps coming to court, only to have dates rescheduled
Setting of preliminary was scheduled for Abdiel Sosa on March 20. The hearing was continued to April 10. Intervention is scheduled at the same time.
Sosa is charged with alleged posession and transportation of cocaine and meth.
He is represented by Mr. Russ Clanton. There is a bench warrant out for his co-defendant Ariel Sosa.
Preliminary hearing for attempted murder suspect Matthew Ramsey scheduled for April 15
Setting of preliminary hearing was scheduled today for attempted murder suspect Matthew Ramsey. Intervention is scheduled for April 10; preliminary hearing on April 15. Victim is Joshua Spaulding.
This is from a December 3, 2018 incident in Arcata.
"He said Cory forced him to give a blow job."
Based on internal HCSO memos, including one by Sgt. Meyers, a PREA investigation was assigned to Detective Jemnifer Turner by her Supervisor, Sgt. Diana Freese. PREA stands for Prison Rape Elimination Act.
After very credible testimony by James Doe #1, the testimony of HCSO Detective Jennifer Turner was a very effective move by Deputy District Attorney Stacey Eads.
James Doe # 1 who received a $200,000 settlement from the County testified that Cory Fisher forced him to orally copulate Fisher
On two occasions, Cory Fisher allegedly groped James Doe #1's "behind and thighs" during morning count. After one groping incident, Cory Fisher came back to James Doe #1's cell, forced him on his knees, told the inmate to "suck his dick "and when James Doe #1 refused, Fisher held a taser to his head and said he would call code unless James Doe #1 complied.
Previous post:
https://johnchiv.blogspot.com/2019/03/james-doe-2-who-knew-fisher-when-they.html?m=1
DA reviewing electronic evidence, alleged molestor Joshua Strange still expected to resolve
Change of plea was scheduled for alleged molestor Joshua Strange was scheduled for March 21. Strange is charged with four felonies. Alleged victim is Jane Doe.
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