Not content wasting Humboldt court time, Michael Acosta does the same with CA First Apellate District, how many times does he need to hear denied?

 

These are the three appeals filed by Michael Costa in California's First Apellate District. I have covered these before and there are too many previous posts to link. You can access them via the search feature on the blog. 

In 2020, Acosta's writ of mandate and request for a stay denied.

In 2024, writ of mandate denied.

Numerous extensions of time granted for the third appeal. In August, a Wende brief filed. From California Courts : "In a Wende appeal, the defendant's appellate counsel finds no arguable issues after reviewing the record, and files a brief pursuant to People v. Wende requesting that the court conduct an independent review. Although the defendant has an opportunity to file a brief, it is rarely done."

Yes on F issues press release about poll mentioned in the latest mailer

 

(Santsche)

Many people have already received some of this content in the latest Yes on F mailer. A press release was issued by Yes on F today saying a recent poll "revealed broad community support for housing at the abandoned Jacobs property, emphasizing the need to protect Downtown Eureka’s economic and cultural vibrancy."

In addition to quotes from Measure F campaign co-chairs Mike Munson and Michelle Costantine, the press release has a quote from Sue Santsche, owner of The Spa at Personal Choice.

The most accurate comment on housing challenges in Humboldt

 

Misty left this comment about a property which is on the agenda for tomorrow's Humboldt Board of Supervisor meeting.

Too bad it is on Lost Coast Outpost where the few anon insiders, whiners and self absorbed don't care. Same few group and mentality that pollutes Redheaded Blackbelt with their anonymous hate. 

Misty's comment should be shared everytime Rex Bohn whines about "retaliation" and homeless encampments with no proof or Eureka Housing For All, Citizens for a Better Eureka, Security National employees or their family members and their sycophants open their mouths online. 

The County wanting to enforce code violations would actually matter if it was not done selectively. Every single person using a house as an office needs to move to a commercial space because that is why there is a lack of housing. We can start with John Fullerton, Paye Rentals, Ming Tree Eureka office, the Nicklas Insurance Company to name a few. At least three of those I mentioned are conservatives.

The baby boomers and generational locals who own more than 5 properties and have loser family members mooching and living off in most of those homes at the expense of their other tenants paying exorbitant rents should justify why a single person is living in a space that could house a family. Betty Chinn, Area Agency on Aging and certain other have received enough funds for years. Time to spread the funds and get new agencies and people involved. DANCO shouldn't get a single dime to maintain their monopoly and slow ass construction. The same people operating low income housing and deciding who qualifies need to be removed and replaced by new people immediately. If Caifornia Governor Gavin Newsom is serious about auditing and rewarding success when it comes to funds for housing, then he needs to take action and hold those profiting off government money accountable.

Just adding names on lists and putting people in housing where they end up moving often because those renting to them just take the money and then use the system to get rid of them should be blacklisted and slumlords should be held accountable. Whether they are friends of the same boorish, arrogant people in charge of Humboldt for decades on the left or right, liberal or conservative.

I am fine with capitalism and property rights; I am not okay with nepotism, cronyism, scammers, greed, corruption and abuse of power.

So far, besides Security National and Measure F committees, none of the Ward 2 or Ward 4 candidates have filed any financial forms

 

This is the reaction I have when I see a Yes on F Facebook ad or mailer. Judging from the ripped up Yes on F mailers in the recycling bin at the 5th and H post office, I am not the only one who feels that way. Whether that translates into votes, we will have to wait and see.

The next date that 460’s are due for City of Eureka candidates and Measure F is September 26, 2024. Thanks to Eureka Assistant City Manager and City Clerk Pam Powell for uploading forms to the website.

So far, besides Security National and Measure F committees, none of the Ward 2 or Ward 4 candidates have filed any financial forms.

EPD has to investigate stabbing with an uncooperative victim after an altercation over a bicycle

EPD issued a press release just now about the incident on Saturday. 

Newsom just signed a bill amending Penal Code 647, will Humboldt Superior Court judges enforce the changes?

California Governor Newsom's legislative update is lengthy. Many bills signed and several vetoed.

AB 1511 by Assemblymember Miguel Santiago (D-Los Angeles) – State government: diverse, ethnic, and community media.

https://legiscan.com/CA/text/AB1511/id/3000788

Newsom signed this into law but actions matter. I agree with many of the observations but until Newsom's own office recognizes, respects independent media and the funding challenges, this is just another feel good bill.

AB 1962 by Assemblymember Marc Berman (D-Menlo Park) – Crimes: disorderly conduct.

"This bill amends Section 647 of the Penal Code, which defines disorderly conduct as a misdemeanor. The key provisions of the bill include: 1. Expanding the definition of disorderly conduct to include the distribution of intimate images of another person without their authorization or consent, or by exceeding authorized access to their property, accounts, or resources. 2. Establishing enhanced penalties for repeat violations of the provisions related to invasion of privacy and distribution of intimate images. 3. Providing that the bill does not apply to a child under 18 years of age who is alleged to have engaged in conduct to receive money or other consideration that would, if committed by an adult, violate the prostitution provisions. 4. Specifying that the bill's provisions may only become operative if certain conditions are met, such as the enactment of other related bills. 5. Providing that no reimbursement is required by the state for the costs incurred by local agencies or school districts due to the creation of new crimes or changes to existing ones."

https://www.billtrack50.com/billdetail/1690376

Rex Bohn is concerned about retaliation due to "our recent push on homeless encampments"?

Besides the few public comments on his Facebook page, I am sure his base is privately giving good ole boy Rex a fist bump for this post. 

There will be crickets from left elite and politicians like Mike McGuire, Jared Huffman and Gavin Newsom because cleaning up homeless encampments is the new photo op without any accountability or answers about all the money thrown at housing people which benefits bureaucracy and developers profiting off low income and temporary housing contracts.

When certain other local media who the County and Rex favor wake up from their sleepy weekend and if they cover this in the next few days, will their "coverage" be County approved and a spin of talking points by Rexy and his minions at the County?

Just as I predicted in this August 20 post, Bubba Rex embarassed Humboldt again and made headlines again calling out San Francisco. This time in a Los Angeles Times article.

https://johnchiv.blogspot.com/2024/08/billy-gets-paid-most-dhhs-director-more.html?m=1

https://www.latimes.com/california/story/2024-08-24/humboldt-officials-accuse-san-francisco-of-busing-citys-homeless-problems-north

Brian Mitchell arrested for domestic violence and false imprisonment

Brian Alan Mitchell was arrested yesterday by Arcata Police Department and booked for PC 273.5(a) corporal injury to a spouse and  PC 236 false imprisonment. Bail is $50,000. Location of arrest is 12th and Alliance. 

Although he has a beard now, this is the Brian Mitchell who used to work for Security National, was on the Humboldt Planning Commission and is on the County Assessment Appeals Board.

The age matches and his middle initial is A and he now lives in Arcata. I havent seen Brian for a few years and the last time I saw him, he was clean shaven. 

I heard from a few people after his arrest who have observed Brian. These are well respected individuals and involved in the community. One said, "It wouldnt surprise me, he has issues." Another person said, Brian was "nodding off during commission meetings."

I did contact Lauren at KMUD and Nazy at KRCR to see if they want to followup on this arrest.

Maybe this Trump supporter could park near SN or the Humboldt GOP office instead of clogging up 3rd Street?

 

Since those parking lots are so important to Measure F supporters which do include many Trump supporters and they claim to be in favor of affordable housing , maybe they should offer one of those parking spots they are trying to save to a fellow Trump supporter.

Or are those parking spots only reserved for Trump supporters approved by Rob Arkley, Michelle Costantine, John Fullerton, the Eureka Housing for All and Citizens for a Better and the Ingomar Club crowd that mooches off the Arkleys every year at the annual Christmas party acting like they have never eaten food or had champagne before? I used to feel embarassed for these social climbers at the events I attended in the past.

Eureka Police Department and the City of Eureka managed to clear off the vehicles that were abandoned and parked for months in an area with apartments, offices, hotels and the only Target in Humboldt County. The only eyesore on 3rd Street now is this Trump supporter's duct taped vehicle.

For readers not from Humboldt, SN refers to Security National. Google Rob Arkley and SN.

Frederick Sundberg Sr. transported to St. Joe's after 299 collision; driver of other vehicle deceased

 

On Saturday, September 21, at 0732 hours, the California Highway Patrol’s (CHP) Humboldt Communications Center received a call involving a two-vehicle traffic crash on westbound State Route 299, east of Essex Lane. 

The County pays Kreis for cases he is appointed to but the public are not allowed access to the information that is a part of public record?

 

Who the attorney is on any case can be viewed as a part of public record. So a list of cases Gregory Kreis has been appointed to is not privileged information. The County could have provided documents relating to that part of the request.

If they do not want to disclose how much Kreis was paid, I will let the numerous lawyers who read this blog weigh in on that one. Let's see the County's response to the second request submitted to the CAO's office and the Humboldt County Auditor Controller. 

First District Supervisor Rex Bohn endorsed Kreis in the past election. Former ousted judge Kreis released the grand jury report about former Auditor Controller Karen Paz Dominguez while she was running for re-election. No other Humboldt judge had done that prior to the election. Humboldt Public Defender Luke Brownfield is a friend of Kreis. If you just read the Commission on Judicial Performance proceedings, you know that information. If you look at his complete list of endorsers for the past election, you can decide whether Kreis who is now a lawyer and on the Humboldt court conflict panel paid by the County is on the same level on the playing field as every other attorney on that panel.

Kreis has made claims about his income in his family law case which I have covered and what he gets paid is relevant to that news coverage and his credibility.

Kreis endorser Sgt. Comer says service fee was waived in lawsuit he filed against me, HCSO receipt after my PRA says different

 

(Proof of Service filed 9/5/24 screenshot from e court)

(PRA I filed 9/10/24)

(receipt provided by HCSO after my PRA was filed that contradicts the proof of service filed by Comer that claims fee was waived)

I was hoping not to do this post until a future date and after this matter had concluded but because the information provided to me has now been published to the public and it contradicts a court document signed by HCSO Sgt. Joshua Comer, it is now a matter of public interest and transparency.

Comer endorsed disgraced ousted former judge, now local attorney Gregory Kreis, in the last election. Comer is the deputy in charge of court bailiffs. Kreis' opponent won with over 61% of the voters choosing her.

Most of you are regular readers of my blog, you have read my coverage of Humboldt Superior Court including Kreis for 10 years, you have had my information corroborated by the Commission on Judicial Performance, you know the decision, you have read my coverage of the Maria Cuevas case and the DA finally filed a determination of conflict and Kreis was removed from that case. You read my post about Kreis in a courtroom and an exchange he initiated. Keep all this in mind as you read this post.

I had to do this PRA request anonymously and I have covered one of the reasons in the request. Since this is public record now, this involves a case that Kreis filed against me. There is a future hearing and I am not going to address Kreis' claims on the blog but the paperwork he filed is public record. I may after this matter has concluded. What my response is something I will address with proper court procedures. There are so many issues and conflicts with this case that I have to document every little thing.  Kreis is a former judge and now a lawyer in the same court where many of his endorsers, friends and associates; some who were mentioned in the CJP proceedings work. I have also covered Humboldt Superior Court for 10 years and saw how the Rory Kalin, the Ray Christie and the Joe Hale cases were handled.

I deserve a fair chance and due process. Kreis  should not be treated differently than any other party in a case in Humboldt Superior Court. There should not be that appearance and it is up to every judge who presides over any hearing that Kreis is involved in Humboldt Superior Court or any other California Superior Court to ensure rules and law are followed. The CA Judicial Council should do their jobs and monitor the courts.

I have been dealing with this additional hardship while working and dealing with other challenges which some of you already know. I took screenshots of the proof of service filed. As you can see Sgt. Comer states the service fee was waived. I checked with the court clerk and there is no fee waiver for Kreis. There is a credit card payment dated for 9/3/24 provided after my PRA request was filed which I have no way of authenticating when it was recorded or printed.

So which document is accurate? 

I was served this paperwork at the courthouse while trying to check on cases on the second floor. I documented the exact time and place I was served right away and that day, the place and the same time is exactly what is noted on the proof of service filed by HCSO and the signature which is allegedly Comer's.

If the State Bar of California wants to be taken seriously, they need to hold lawyers accountable and not selectively. 

The State chose to reinstate the license of a man who the Commission on Judicial Performance imposed a public censure; a man who agreed to an irrevocable resignation from office and an agreement that he "will not seek or hold judicial office, accept a position or an assignment as a judicial officer, subordinate judicial officer, or judge pro tem with any court in the State of California, or accept a reference of work from any California state court, at any time after May 27, 2024."

From CJP press release about their decision on Kreis: "as a result of multiple acts of misconduct. In at least 44 cases over which he presided, Judge Kreis failed to disclose his relationships with seven attorneys; his familiarity with individuals involved in matters before him; or the extent of his relationships with the individuals. The extent and type of this misconduct is serious. Also, the commission commented that it took particularly seriously the judge’s sexual misconduct with a female acquaintance. Further, the commission based the censure and bar on Judge Kreis’s conduct in treating attorneys and litigants poorly, including making inappropriate, sarcastic, and gratuitous comments to them.  Judge Kreis’s misconduct was aggravated by prior discipline. In 2018, the commission issued an advisory letter to Judge Kreis for intemperate and inappropriate remarks he made about a criminal defendant during a sentencing hearing. "

Has Kreis' behavior changed?

Every time he is involved in a case, appointed to a case, represents a defendant or party, there are recusals and an assignment from the Judicial Council. Extra steps, extra resources and extra time  court staff has to spend when there is constant turnover and staffing issues. His buddies  and endorsers at the County and local court aren't footing the bill. Is the California Judicial Council overseeing all these extra costs not associated with other lawyers?

If the local courts and the California court system expect the average person to follow rules. Then they need to hold their own to the same standard.

Darin Ward arrested by HCSO for sex trafficking of a minor, employment of a minor for pornography and other sex crimes involving a minor

(2024 booking photo)

53 year old Darin Michael Ward was arrested by HCSO on a Ramey warrant yesterday and booked for PC 236.1(c)(2) sex trafficking of a minor by force or violence , PC 311.4 (b) employment of a minor for pornography, PC 288.3(a) contacting a minor with intent to commit a felony or sex crime and two charges of PC 288 (a) lewd or lascivious acts with a minor under 14 years old. Bail at booking is $1 million, 35,000.

The DA's office has not filed charges yet. Status is pending.  Besides his 2024 criminal case, Ward has one 2022 closed case for a name change petition and two open family law cases in Humboldt Superior Court which are listed as DV prevention with a minor child. The other party in the family law cases is Elizabeth McClure.

I will update the post with more information as I follow up on this arrest. HCSO PIO Meghan Ruiz is sending out a press release this afternoon with an updated booking photo and more information on this arrest. That press release was issued at 3:40 p.m. today and other than the Eureka location of 2900 block of Essex St, I had already posted everything else earlier.

A reader sent me some information and at this time as tempting as it is to post that information, I dont know if it is the same person. 

I did a search on my blog for the name Darin Michael Ward.

Readers can compare the 2021 posts, what the reader sent me and what I found on Facebook including a 2023 photo and compare it to the 2024 booking photo and come to their own conclusions if this is the same person. People sometimes have aliases, they list names differently on Facebook but unless and until the DA files charges and lists any aliases for the third time, I will caution readers from jumping to conclusions.

What reader sent me:

What I found on Facebook:

(the complete fb post)

(2023 fb photo I had to crop because the rest of it has a child)

Callie Buck resolves three criminal cases with a dismissal, diversion and a plea for 5 days in jail and three years probation

 

Most of you have been following my coverage of local attorney Callie Buck's three criminal cases and the change of plea and resolution previously reported finally concluded on 9/18. 

Deputy DA Stuart Williams appeared on the cases for the People. Two different Deputy Public Defenders were in court for Buck. Judge Lawrence Killoran accepted Buck's plea. I have included a summary for each case and for new readeers information previously reported about the dismissal of the civil lawsuit. 

CA's housing and homeless accountability unit unlocks 7,500+ new housing units

 

California Governor Newsom's press office released some information just now. The 7, 500 housing are for families. While Humboldt is not mentioned in the press release, the Arkley, Security National, Eureka Housing for All, Citizens for a Better Eureka, all the anon NIMBYs as well as the City of Eureka, all Humboldt County providers and agencies that get funds to house people should pay attention.

PG & E provides $1.3 million to to local food banks, tribal food banks and senior meal programs

The PG&E Corporation Foundation (The PG&E Foundation) is providing $1.3 million to local food banks, tribal food banks and senior meal programs to help feed individuals and families struggling with food insecurity.

APD invites community to open house this Saturday for BBQ, tour of the facility and conversations with officers

On Saturday, September 21, 2024, the Arcata Police Department invites community members to join them for an engaging Open House event aimed at fostering community relationships.

Kati Moulton, Scott Bauer and Tom Wheeler are 3 of the 11 candadidates endorsed by HCDCC in upcoming elections

The Humboldt County Democratic Central Committee issued a press release today with candidate endorsements in local races for the November 5, 2024 election. HCDCC previously announced their opposition to Measure F.