Jul 7, 2014

Ferrer jury trial date of August 4 vacated based on request by defense

New date will be set on July 21st. Defense has not received discovery essential to the case and that they also need to provide to expert witnesses. In Juan Ferrer's case and Sophie Rocheleau's case, two expert witnesses schedules also impacted the decision.

All three defendants waived time to day so that the August 4 date can be vacated and jury trial date continued.


You will be remembered for your love and changing lives, not taking a life

On January 2014, in the dark of the night, a man with roots in Garberville, surprised a priest. He robbed, tortured and killed an innocent man. On May 18, 2013, in the still of the night, a suspect also with roots in Garberville, is accused of killing two innocent people.

Sometimes death looms, but these deaths were unexpected.  They shocked and horrified this local community. They made headlines. Only the people closest to the victims still feel the pain and for them, the memory of that moment when their lives changed forever is still as vivid as when it first happened.

I thought only those who knew Fr. Eric and knew me would understand my pain. Little did I know then, that months later, I would meet someone who understands how I feel without words being shared.

As the details of Fr. Eric’s death slowly started trickling in, as I sat in court for the preliminary hearing; for most people and the media it was information. For me, every detail, every photo, was like my heart being ripped out over and over. I remember clearly the first day I saw Christina’s mother, Tina.

I knew how I felt when I was in court. I just wanted to be alone before and after the court proceedings. I did not approach Mrs. Schwarz.  Then one day, we just looked at each other, we shared unspoken thoughts.
We do not talk about the case. We have in the last week or so talked about our grief, our joy, how we cope and other things that are private.

This case has affected me like no other. Fr. Eric was a Catholic Priest and many people stick to their stereotypes about Catholics and many people in this town on a daily basis denigrate anyone who believes in God. Even in a tragedy such as Fr. Eric’s death. What I remember most about Fr. Eric is that he wanted everyone to experience God’s love. The only love that is unconditional.

I focus on Fr. Eric’s life. His entire life, not just one moment.

As I sit every day covering the Bodhi Tree case, even though I did not know Christina and Sunshine, what is foremost in my mind is they are love. They brought joy and love to every one’s lives they touched.
Jesus said the two most important commandments are to love God with all your heart, mind and soul and to love thy neighbor.

Christina and Sunshine and many of the young people that lived in the Eye Street house followed those commandments more than many people who go to church daily. They helped each other and showed each other love. This was a house where some people struggled with addiction; others did not; some people resided there; some visited. It was a safe refuge.

These young people, many struggling with poverty, not caused by them, but by a narcissistic “me me” society where stepping over someone to be successful is okay, where a drug culture cares less about the person, only getting someone hooked.

I am not someone who could live in a commune. I used to have very strong feelings about addicts and addiction, even marijuana. Like some people who judge Catholics, I had my prejudices.

Not all Catholics are the same. Not everyone who smokes marijuana or struggles with addiction is the same. The young people who testified in this case have some values we could use more of in today’s society: protecting women from sexual predators, taking in someone homeless, caring for each other when you are in the midst of adversity.

We have a criminal justice system that will vigorously defend two suspects, feel sympathy for two people that had choices; they chose to indulge in drugs and alcohol and they chose not to seek help. What about those who are trying to change their lives? What about those innocent lives that just happened to be in the way of someone who lost control?

Regardless of the decision of the criminal system process, the victory will be Fr. Eric’s, Christina’s and Sunshine’s. You will be remembered for your love and changing lives, not taking a life.

Bottle bombs found near bleachers at McKinleyville High School; no one injured and bombs disposed safely by EOD deputy

On 07-05-2014, at approximately 9:15 p.m., the Humboldt County Sheriff’s Office received a 911 call from a citizen who located two possible homemade fireworks near the south bleachers of McKinleyille High School, McKinleyville.

When the deputy arrived at the high school, the citizen pointed out two plastic bottles wrapped in black tape. One bottle was two liters in size; the other was approximately 16 ounces in size. Both appeared to contain a white powdery substance inside.  The deputy recognized the devices as bottle bombs and called for a trained Explosive Ordinance Disposal (E.O.D.) deputy to respond to the scene. The bottle bombs were rendered safe by the E.O.D. deputy.

These devices have caused a number of injuries, including series chemical burns, eye irritation or blindness, limb and facial injuries and hearing damage. They are a felony to possess or build, and if convicted punishable by imprisonment up to six years.

If you find such a device do not handle it, back away and call 911.

The investigation into who constructed and left the bottle bombs behind is ongoing.

Jul 6, 2014

Missing woman from Red Bluff located in Mckinleyville and is safe



 On 07-06-14, at approximately 3:35 p.m. Williamson was located by a Humboldt County Sheriff’s Office Animal Control Officer who assisted in the search. She was located at the end of Letz Lane, McKinleyville. She was in good health and is being reunited with her family.

Sheriff asking for help to locate 83 year old woman with dementia

On 07-06-2014, at about 1:30 p.m., the Humboldt County Sheriff’s Office received a
call from the granddaughter of Lawanda Mildred Williamson, 83 year old from Red Bluff, who goes by the name of “Wendy”. The granddaughter reported Lawanda has severe dementia and wandered away from their campground at South Clam Beach. The family looked for her, but could not find her. Her direction of travel is unknown. Sheriff’s Deputies, Sheriff’s Office Search and Rescue personnel, California Highway Patrol Officers, a United States Coast Guard Helicopter and State Park Rangers are all searching the area for her. A Silver Alert is being initiated.

 Lawanda “ Wendy”, Mildred Williamson is described as follows: Female, gray hair, hazel eyes, 5” 1” tall, approx. 110 lbs, last seen wearing a red parka type jacket, blue shorts and white tennis shoes.

Anyone who has seen her should call 911 immediately.


Jul 5, 2014

We lose all the good ones. Wishing Lorna Rodriguez all the best

Lorna Rodriguez, who currently writes for the Times-Standard is moving back to the Bay Area. I have enjoyed getting to know Lorna and in the last year, covered  some of the same stories. I understand the move but just as in the case of Kay Recede, Robyn Ridpath, now Lorna, we are losing a good journalist.

In a small town, relationships are built, reporters get to know people. There is a humanity to the stories covered.

Opportunities for growth in careers in the media are limited, locally. I wish Lorna the very best in her new career.

Jul 4, 2014

Thank you to police, fire and all emergency personnel who worked today

Thank you for keeping us safe. God bless you and your families. Today, especially gratitude to all who fight for our freedoms and those who died for our freedoms.

Fire at 1652 B Street, all evacuated to safety

On 7/4/14 at approximately 1654 hours, Humboldt Bay Fire was dispatched to a structure fire with heavy smoke visible from the roof at 1652 B Street in Eureka.  Humboldt Bay Fire responded with a first alarm assignment consisting of three fire engines, one ladder truck, and two Chief Officers.

First arriving units reported smoke showing from a single story wood framed single family dwelling.  Crews made entry into the structure and found that all of the fire was above the ceiling in the attic space. Ventilation holes were cut in the roof and crews extinguished the fire from the attic access hatch. Crews also worked to protect the occupant’s belongings by covering them with salvage covers.

The occupants had smelled smoke shortly before a neighbor knocked on the door and said that the roof was on fire. All of the occupants were able to evacuate safely. No injuries to any civilians or fire personnel were reported.

A total of 18 Humboldt Bay Fire Personnel, responded to the fire. The fire was controlled in 30 minutes. Some crews remained on scene until 1930 hours removing debris and assisting with the investigation. Arcata Fire Protection District provided 1 engine company to cover any additional calls.

Wabash Street at B Street was closed to through traffic due to the water supply hose that was laid across the roadway.

The cause of the fire after investigation is faulty electrical wiring located in the attic.

Two July Arts Alive events you don't want to miss

Susan Strope's Studio S which features a water themed show with multiple artists including Howard Rutherford.

And Redwood Art Association honoring our very own Julia Bednar.

Jul 3, 2014

Pipe to manufacture cannabis, not a bomb; Meth arrest that recovers stolen car

Pipe to manufacture cannabis, not a pipe bomb

On 07-02-2014, at approximately 8:30 p.m., two Humboldt County Sheriff’s Deputies detained three adults and conducted a probation search at a 2331 Central Avenue, McKinleyville. While conducting the search, one of the deputies discovered what appeared to be a pipe bomb made of gray pipe. As a precaution the Sheriff’s Office Bomb Squad was called to the scene, along with additional deputies. Arcata Fire Department and was requested to stage nearby. Surrounding residences were evacuated. The Bomb Squad determined the item was not a pipe bomb, but appeared to be an item used to manufacture concentrated cannabis.

There were no arrests made and the investigation is continuing.

Arrest for meth recovers stolen car

On 07-02-2014, at approximately 4:00 p.m., a Humboldt County Sheriff’s Deputy was driving a marked patrol car on Muncie Street, near Howard Avenue, Eureka. The deputy saw a 1993 blue Honda Civic stopped on Howard Street with an adult male driving it, later identified as Austin Edward Neuroth, 35 years old, from Eureka. The deputy saw Neuroth stop in front of a residence on Howard Street and appeared to conduct an illegal drug transaction with an adult female at the residence. The deputy  then watched the Honda drive away. The deputy saw the Honda had a broken windshield which is a vehicle code violation. The deputy imitated a traffic stop on the Honda and spoke with Neuroth, the driver. Neuroth told the deputy his driver’s license was suspended. The deputy conducted warrants check on Neuroth and learned there was an outstanding misdemeanor arrest warrant for Neuroth. The warrant was for driving on a suspended license. The deputy asked Neuroth if there was anything illegal in his vehicle, and Neuroth admitted to having a syringe in his shirt on the passenger seat of the car. The deputy arrested Neuroth on the arrest warrant and for driving on a suspended license. The deputy then searched the shirt pocket where Neuroth told him the syringe was located. The deputy located a syringe and approximately .4 grams of suspected methamphetamine. The deputy continued searching the vehicle and located a scale and  $300.00 in twenty dollar bills. When the deputy searched the remainder of the vehicle he located property that the deputy recognized may have been stripped from a stolen 1992 Honda. The deputy recovered the stolen Honda at 9:00 a.m. on Cummings Road, Eureka the same day.

Upon checking with the owner of the stolen Honda, the deputy learned the property in the Honda Neuroth was driving was property taken from the stolen 1992 Honda.

Neuroth was arrested for possession of stolen property, possession of drug paraphernalia, possession of illicit drugs and driving on a suspended license, besides the outstanding arrest warrant. Neuroth was transported to the Humboldt County Correctional Facility where he was booked on the charges. His total bail was set at $30,000.00


Bodhi Tree trial to continue next week, possibly mid-July

The second day of defense witness Jacob Swanepol''s testimony resulted, yet again in no definitive conclusions. Two opinions he gave were disproven or had questions raised when Ms. Firpo examined him on cross. This is the second defense witness who has become defensive when his own testimony has been used against him.

One such example was that in Swanepol's own testimony, he admitted to not being a blood spatter expert but a ballistics expert and that he could give his opinion about blood spatter only related to firearms.

Ms. Firpo pointed out yet he was testifying about blood spatter evidence in this case and opinions on other witnesses who are experts in the field.

There were opinions the defense witness gave that actually helped the prosecution, not the defense. Swanepol has testified yesterday that the bullet found on the staircase in Rhett August's apartment could have been transferred there in some other way, and today when Ms. Firpo asked him, if it could be the bullet that went through August's shirt but did not exit the back could have fallen into his shoe, Swanepol said that was possible.

Ms. Firpo used photos to challenge Swanepol's assertions and she aslo used photos and diagrams when it was helpful to make her points.

Judge Reinholtsen said that on Monday he would meet with the attorneys to "streamline the process" to give the jury an idea when they could expect to start deliberations. The jury will reconvene on Tuesday and tell the Judge if they are willing to hear three full days of testimony.


Virginia's My Word: That is the sign of a leader

I am proud to call Virginia a friend. Her My Word in today's Times-Standard shows what a lady she is and gracious. She thanked her team, thanked her opponent, and has taken action so her constituents can meet with her one on one.

Reaching out, especially to those who did not support her is a sign of a leader. In Virginia's case, her actions match her words.

http://www.times-standard.com/opinion/ci_26078739/supervisor-virginia-bass-my-door-is-always-open




Jul 2, 2014

Second defense witness testifies out of order in Bodhi Tree case

Jacobs Swanepol, a senior forensic scientist, who started his career in South Africa and then immigrated to U. S. testified this morning in the Bodhi Tree case. This is the second defense witness testifying out of order.

The defense's own witness other than describing how he arrives to conclusions and general information offered no information that was new or helpful to the defense.



"I don't want to wait 6 weeks", Vincent Sanchez disposition continued after he argues with his attorney in court

Vincent Sanchez, the double murder suspect from the Harris Street murders had a disposition/reset hearing this afternoon in Courtroom 4. His attorney Ms. Dixon wanted an additional 6 weeks so that an expert from UC Davis would be available. That expert witness is not available until the first week of August. Sanchez did not want to waive time for his preliminary hearing. "I'm ready to see what is to come towards me," he said to Judge Reinholtsen.

"I'd rather do a not guilty plea" Sanchez said in response to the time waiver question.

Ms. Dixon was given time to confer with him to explain why she wanted six weeks but he was adamant and kept insisting he was not guilty even after Judge Reinholtsen and Ms. Dixon explained his not guilty plea was on record and had not changed.

The disposition hearing has been continued for another week so Ms. Dixon can privately talk with Sanchez and see if he still wants to move forward before the six weeks. While he was waiting for his case to be called, he would randomly smile for no reason or stare into space.

His case will be in court again on July 9 at 2 p.m. in Courtroom 4.


Vincent Sanchez'd record requested from Metropolitan State Hospital

By his attorney, Jennifer Dixon who is with the Public Defender's office.

Jul 1, 2014

Allegations of kidnapping, human trafficking, forcible rape and more in Anderson jury trial

The allegations above also include oral copulation, sexual intercourse with force and violence,  one alleged victim between the ages of 14 and 18 and sexual battery. And this is just the charging document.

Today DDA Luke Brownfield and Anderson's attorney, Ben McLaughlin gave opening arguments.

Mr. Brownfield opened with, "In preparing my opening statement for you, I wrote what I wanted to say, what they taught me in law school. I scrapped it this morning. What you are going to hear is what you are going to hear in this case."

Mr. Brownfield continued by saying that while she does not recall dates, the jury would hear Jane Doe say that she was at the Arcata Plaza and saw a man there who she knew and asked him for a cigarette. He said he didn't have one but his buddy did. They walked to a van, a guy who she knew as Johnny, whose is Anderson,  said he had cigarettes but he needed to move his car. She got in, he moved it to an area behind the Plaza and another man got in the van. Then Anderson told her he needed to take this guy home, then they could go get cigarettes. They dropped the guy off. As he was driving, Anderson talked to her about him being a pimp and how much money she could make as a prostitute. Jane Doe told Anderson she would never have sex for money. Jane Doe said that at this point Anderson got mad. When they kept driving pas gas stations, places where they could get cigarettes, Jane Doe got worried and reached for her backpack which had her cell-phone. She could not find it. At this point, Anderson said something like, "Stupid bitch. Do you think this is my first hoe?"

Jane Doe said that Anderson grabbed her head, unzipped his pants and forced her to have oral sex. She tried to see where they were and all she could see was woods. Anderson then stopped the van in some remote area, forced her to the back of the van and raped her. "He forcibly removes her clothing, gropes her, threatens to kill her, throw her off the cliff," said Mr. Brownfield. "He doesn't ejaculate in her, does not wear a condom, again forces her to give him oral sex. and then ten minutes later ejaculates in his t-shirt."

Then Anderson tells Jane Doe something like, "You are now one of my prostitutes." He drops her off at Wildberries and tells her not to tell anybody. She does not want anyone to know what happened to her.

"Two-three weeks later she has symptoms of a STD, " said Mr. Brownfield. "She gets tested." She tells the nurse what happened. The nurse tells Jane Doe she has to report as a mandated reporter. It is at this point that Jane Doe calls the police.

"There is no DNA evidence to corroborate, no physical evidence. "It is your job to listen and decide if Jane Doe is telling the truth. It is your job to decide why she would make up a story."

Then Mr. Brownfield spoke about J.M., Jane Doe #2. A woman Anderson met at Sbarro. He initiated a long distance relationship with her, gained her trust, invited her to Sacramento for a weekend. Picked her up and "the first night they hung out. They drank and had a good time. The next morning, in her own words, all hell broke loose," Mr. Brownfield continued. "Mr. Anderson came at her with slutty clothes and said 'you are going to walk the streets. You are going to be one of my prostitutes'." When J.M. said no, and cried, he yelled at her. Anderson told J.M., "If you leave, it will only be worse for you." J.M. said she cried for 8 -9 hours and he kept yelling at her. "She did not have her cell-phone, her stuff, she was alone, in a strange place and did not know what to do."

Anderson left and came back and then said, "You don't have to walk the streets, you can work at my friend's brothel. he only gave her two choices. Work the streets or work in the brothel. The only choice Mr. Anderson gave her was to be a prostitute. Eventually, reluctantly, she went to the brothel. She was forced to have sex for money. She gave every dollar she earned to Mr. Anderson."

N.Q., Jane Doe # #, "was once in a dating relationship with Mr. Anderson". In a trip to see him in Washington, she found pamphlets and photos under his bed which were advertisements for prostitution. N.Q, broke off her relationship with Anderson and ran into him in Humboldt a while later. he askjed her if she needed a place to stay that night. Anderson talked to her about making money as a prostitute. N.Q. said she would never be a prostitute. That night she kicked him, fought him and ultimately got away.

M.V. , Jane Doe #4 met Anderson at the strip in Las Vegas. They exchanged numbers and met later. Anderson said he had pot and they should smoke. She got into his car. He grabbed her purse, took her to a RV Park on the outskirts of Las Vegas. Anderson told her that she was going to become a prostitute for him. "He threatened her, he then left her. She thought this was a test, if she walked out, it could get worse."

Anderson came back. "She was on the bed. He had sex with her." Anderson threatened her with what he would do to her if she did not prostitute for him.

Mr. Brownfield concluded by saying, "The things he did no one should do to another human."

Mr. McLaughlin opened his remarks with, "We can overlap and agree on some points. Both Mr. Brownfield and I need you to listen to evidence carefully and scrutinize." He brought up presumption of innocence and the prosecution proving their case beyond a reasonable doubt.

"You will hear allegations, you will also need to pay attention to lack of evidence."

Mr. McLaughlin said that Jane Doe did not report the incident for "a month and a half. There was no DNA evidence. Law enforcement did not seize surveillance video. They did not search Mr. Anderson's vehicle or house. In short, investigation was non-existent."

Mr. McLaughlin said that Anderson did not test positive for chlamydia . He said the jury will hear from witnesses dating Anderson at the same time he allegedly raped Jane Doe and that they did not have chlamydia. "It is important that you pay attention Jane Doe does not remember when this happened. You will hear evidence from cell-phone records that disprove Jane Doe cell-phone allegation. Her cell-phone was used."

"Mr. Brownfield wants to tell you what evidence will show. I want to tell you what evidence does not show. Because of evidence lacking, you cannot find Mr. Anderson guilty beyond a reasonable doubt."

Anderson dressed in a light blue pinstriped shirt sat next to Kevin Stonebarger, defense investigator. Kyla Baxley, the DA investigator on this case was present with Mr. Brownfield.

There have been previous posts on this case including coverage of J.M.'s testimony in an evidence hearing before jury trial.  This trial is going on at the same time as the Bodhi Tree trial.

http://johnchiv.blogspot.com/2014/06/because-of-my-situation-i-felt-i-had-no.html

http://johnchiv.blogspot.com/2014/06/ex-girlfriend-of-bodhi-tree-who-also.html

http://johnchiv.blogspot.com/2014/04/david-anderson-and-jason-warren-court.html

http://johnchiv.blogspot.com/2014/04/human-trafficking-with-minor-new-count.html

http://johnchiv.blogspot.com/2014/05/anderson-ferrer-bodhi-tree-hillegeist.html

http://johnchiv.blogspot.com/2014/03/anderson-prelim-today-case-to-proceed.html"
http://johnchiv.blogspot.com/2014/05/will-david-anderson-trial-commence-as.html

http://johnchiv.blogspot.com/2014/02/former-deputyda-ben-mclaughlin-now.html

An uneventful morning in the Bodhi Tree case

Brief testimony from APD officers and a HSU evidence tech who assisted APD evidence tech Leah Christian at the Arcata crime scene were questioned by Ms. Firpo and testimony today focused on search for the firearm in the case.

No new information to add to testimony heard. Defense cross was uneventful.

Providing customer service Rex style; from "I love you Mags" to thanking constituents

This morning I was teasing Rex that just like Jimmy Smith, he is always greeting people at the Courthouse. If you have lived here long enough, you know Rex is everywhere. And being out in the community is who Rex is, even before he was elected Supervisor.

On any given morning, if you come early enough to the Courthouse, you will find Rex working hard in his office but by the time the rest of us come wandering in, he is usually out and about the Courthouse.

Whether it is thanking people for paying their property taxes or greeting employees in on the way to the Courthouse, you can count on Rex on knowing what is really going on.

Today, he checked the progress on the flagpole, greeted some citizens and yelled, "I love you Mags!" as our new DA Ms. Fleming was walking into work and she broke into a smile. And then he followed it up with, "You better hurry up and get to work!"

Rex said that each Supervisor provides customer service in their own way and he believes on being out and about the Courthouse on a daily basis, especially thanking "our customers". He prefers that term to constituents. "Just because the County Building is the only place you can get a certain building widget, does not mean we have to act like we have no competition. Our constituents are our customers, they pay revenue and I want them to know they are appreciated."

He said starting October,"you are losing me on Saturdays and Sundays. I am usually here in the mornings, but it's duck season."