On Thursday Sean Butler-Smith's sister tried to contact me, yesterday because of the Tree sentencing, we were not able to talk until later. The building was closing, we all left. Juror #7 contacted me last evening and I will be posting another post from Sean's sister.
It is the weekend and Monday is a court holiday so I may not have comment from the jail or the DA's office until Tuesday.
Dear Mr. Chiv:
I hope others share my outrage about what happened to Sean Butler-Smith, the drug addict who risked his life to testify against double-murderer Bodhi Tree. He was brutally assaulted in HumCo jail within the last 3 days.
He is now in the super max part of the jail (where he's in his cell 23.5 hrs!) for his own safety. But why was he ever put in general population?
This is not the first time Butler-Smith has been assaulted in Humco Jail. He lost some teeth and wound up in the infirmary last year after testifying in Tree's preliminary hearing.
HumCo is lucky that Butler-Smith's family hasn't filed a lawsuit for the jail's repeated negligence in not keeping Butler-Smith safe.
The DA's office is trying to move his case to another county for his safety. Unfortunately, Butler-Smith's family doesn't have the funds to get him and keep him there.
He needs a (locked) rehab center in another county. He has to have support after rehab: some safe place to stay and money to live as he reintegrates into the community. A family member to live with - and be accountable to - would give him the best chance, but moving is expensive.
Yes, Sean is far from innocent; he has been living the life of a homeless heroin addict. He steals and cheats and scams to feed his addiction. But he is the person most responsible for protecting our community from double-murderer Bodhi Tree. We owe him and the HumCo Jail (especially) owes him.
I hope he isn't forgotten as the Tree trial winds down.
Juror #7.
Oct 11, 2014
Oct 10, 2014
"I'm here to talk about the impact on our lives by the senseless slaughter of two innocent people by a man, and I'm hesitant to use the word, man."
Mrs. Schwarz started by thanking DDA Elan Firpo, the jurors, the Judge and even the public defenders for their hard work. She said on May 18, the lives of the Marcet and Schwarz families were changed forever and she included the August family, because Rhett August was almost killed by Tree.
"I'm here to talk about the impact on our lives by the senseless slaughter of two innocent people by a man, and I'm hesitant to use the word, man." She went on to say a man takes responsibility for his actions." Instead of man, she said she should refer to Tree as a, "selfish, self absorbed monster."
Mrs. Schwarz said Tree had "no emotion, no compassion, no feeling for anyone but himself. To have to be in the same room and to look at the monster who killed our innocent child, who stalked and groped other younger girls?"
"Sunshine and Christina don't have a second chance and neither should he." She then mentioned that he was let out of realignment.
"Christina was our special gift from God? How dare you play God?"
Throughout her statement, she turned and spoke to Tree, who had his back to the speakers all the time with his classic , "I don't give a ___" stare,
At this point, she said, "Not guilty implies innocence. You are from innocent. What other devastation have you wrought that we do not know about?"
"A man takes responsibility for his actions, you pulled the trigger many times, you ran, you hide in the bushes, you lied."
"Today, I am not here to spread hate, life is a journey and it is about love."
At this point, she asked him to look at her, "Can you look at me?" he didn't. She said, "May God have mercy on your soul."
Even amidst her grief, which she has not expressed until today, she said to Bodhi Tree, "I pray that someone helps you in prison and gives you the opportunity for salvation."
"We will continue to live because she lives in us."
"I'm here to talk about the impact on our lives by the senseless slaughter of two innocent people by a man, and I'm hesitant to use the word, man." She went on to say a man takes responsibility for his actions." Instead of man, she said she should refer to Tree as a, "selfish, self absorbed monster."
Mrs. Schwarz said Tree had "no emotion, no compassion, no feeling for anyone but himself. To have to be in the same room and to look at the monster who killed our innocent child, who stalked and groped other younger girls?"
"Sunshine and Christina don't have a second chance and neither should he." She then mentioned that he was let out of realignment.
"Christina was our special gift from God? How dare you play God?"
Throughout her statement, she turned and spoke to Tree, who had his back to the speakers all the time with his classic , "I don't give a ___" stare,
At this point, she said, "Not guilty implies innocence. You are from innocent. What other devastation have you wrought that we do not know about?"
"A man takes responsibility for his actions, you pulled the trigger many times, you ran, you hide in the bushes, you lied."
"Today, I am not here to spread hate, life is a journey and it is about love."
At this point, she asked him to look at her, "Can you look at me?" he didn't. She said, "May God have mercy on your soul."
Even amidst her grief, which she has not expressed until today, she said to Bodhi Tree, "I pray that someone helps you in prison and gives you the opportunity for salvation."
"Little did we know that this nightmare would never end"
Christina's uncle, Michael Tostado with his voice breaking talked about receiving a call that Christina had been shot. Knowing his niece he hoped would fight through and survive, only to have his world shattered to be told she was dead. "Little did we know that this nightmare would never end.'
"Why? Why would God allow this to happen? Why was he released from jail? Why would this happen?"
He broke down as well as other family members when he said that the brutal killing was hard enough but to cope with the fact that Christina would never walk down the aisle with her dad, that she would not have children haunts him and Christina's loved ones.,
"Only a person with absolute no regard for life could have taken a life for no reason at all. We plead with the court to never release this animal to society."
He also read his wife, Amy's statement and she talked about wondering how Christina's mother, her sister, will survive now. "The unknown hero Alan tried to save her life from a vicious animal. You hear news of murder in the daily news, you don't think this will happen to your family."
He thanked Elan and the jurors before he sat down.
"Why? Why would God allow this to happen? Why was he released from jail? Why would this happen?"
He broke down as well as other family members when he said that the brutal killing was hard enough but to cope with the fact that Christina would never walk down the aisle with her dad, that she would not have children haunts him and Christina's loved ones.,
"Only a person with absolute no regard for life could have taken a life for no reason at all. We plead with the court to never release this animal to society."
He also read his wife, Amy's statement and she talked about wondering how Christina's mother, her sister, will survive now. "The unknown hero Alan tried to save her life from a vicious animal. You hear news of murder in the daily news, you don't think this will happen to your family."
He thanked Elan and the jurors before he sat down.
DDA Elan Firpo gives notice, joins well-known local firm
No one including her co-workers know this until now, with the Bodhi Tree sentencing over, DDA Elan Firpo gave her notice to DA Paul Gallegos. Effective 11/1, she is joining a well-known local firm as partner.
DDA Elan Firpo, gave notice to Mr. Gallegos, right after the Bodhi Tree sentencing today. Ms. Firpo will be the newest partner at Zwerdling, Bragg, Mainzer and Firpo effective November 1.
“I am looking forward to a new challenge,” said Ms. Firpo. “It has been an honor to serve Humboldt County as a prosecutor, and it has been a privilege to work with such a diverse group of devoted professionals and community members."
It is no secret that I supported Elan in her run for District Attorney this past year and have come to known her as a person and count her as a friend. I have watched her prosecute several cases, the most recent being being the Bodhi Tree case.
Elan will leave a void in the DA’s office and I feel very sad that she will not be the prosecutor for Fr. Eric’s trial. No disrespect to anyone else, but it won’t be the same. In a court of law, Elan’s style personalizes the humanity and loss which is often lost in the legal process.
On a personal note, I am very happy for my friend, an attorney I respect and feel this move is the best for her future.
DDA Elan Firpo, gave notice to Mr. Gallegos, right after the Bodhi Tree sentencing today. Ms. Firpo will be the newest partner at Zwerdling, Bragg, Mainzer and Firpo effective November 1.
“I am looking forward to a new challenge,” said Ms. Firpo. “It has been an honor to serve Humboldt County as a prosecutor, and it has been a privilege to work with such a diverse group of devoted professionals and community members."
It is no secret that I supported Elan in her run for District Attorney this past year and have come to known her as a person and count her as a friend. I have watched her prosecute several cases, the most recent being being the Bodhi Tree case.
Elan will leave a void in the DA’s office and I feel very sad that she will not be the prosecutor for Fr. Eric’s trial. No disrespect to anyone else, but it won’t be the same. In a court of law, Elan’s style personalizes the humanity and loss which is often lost in the legal process.
On a personal note, I am very happy for my friend, an attorney I respect and feel this move is the best for her future.
We plead with the court to never release this animal to society"
To do justice to Christina, Sunshine and Rhett, I did not rush updating the Tree sentencing posts. I want to do justice to the emotional and detailed victim impact statements.
Being first and scooping is irrelevant sometimes. The families have spoken to me privately and will do so later. I do not want to press them today because they deserve privacy, closure and healing and to be alone after this tragedy and months of trials. Their words privately to me and their appreciation of my daily coverage starting from jury selection is what is important to me, not hits to my site.
Some of the jurors were wiping tears as did Sean Butler-Smith's sister Breanne and community members. Even the court staff who were stoic and professional were shaken by the emotional testimony of the families. While Rhett August's mother attended, she chose not to speak.
Victim witness representative Marybeth read a letter from Nancy Jo Marcet, Sunshine's mother. Michael Tostado, Christina's uncle read his own statement, that of his wife, and Christina's aunt and the last one to read was Tina Schwarz, Christina's mother.
Mrs. Marcet started her letter by referring the loss of her son, "who was taken from us so violently trying to protect Christina." The last words Alan "Sunshine" Marcet texted to his mother on May 17, were "I love you so very much." And on May 18, she found out he was dead. This loss just on the heels of Sunshine's father being killed. Sunshine's younger brother lost both his father and brother in a very short period of time.
Mrs. Marcet said she received thousands of notes from people on how Sunshine had helped them and touched their lives. "It saddens me to know his work is already finished..
"Losing my son to such a senseless act of violence goes deep. He should not be allowed to do this to anyone again. I believe he should have been tethered last time so law enforcement knew where he was at all times"
"He should not be allowed to do this anyone again," Mrs. Marcet's sentiment was reiterated by all speakers, Ms. Firpo and Judge Dale Reinholtsen.
"We plead with the court to never release this animal to society," were the words of Christina's uncle.
The families were very grateful to DDA Elan Firpo and the jurors who they thanked.
Being first and scooping is irrelevant sometimes. The families have spoken to me privately and will do so later. I do not want to press them today because they deserve privacy, closure and healing and to be alone after this tragedy and months of trials. Their words privately to me and their appreciation of my daily coverage starting from jury selection is what is important to me, not hits to my site.
Victim witness representative Marybeth read a letter from Nancy Jo Marcet, Sunshine's mother. Michael Tostado, Christina's uncle read his own statement, that of his wife, and Christina's aunt and the last one to read was Tina Schwarz, Christina's mother.
Mrs. Marcet started her letter by referring the loss of her son, "who was taken from us so violently trying to protect Christina." The last words Alan "Sunshine" Marcet texted to his mother on May 17, were "I love you so very much." And on May 18, she found out he was dead. This loss just on the heels of Sunshine's father being killed. Sunshine's younger brother lost both his father and brother in a very short period of time.
Mrs. Marcet said she received thousands of notes from people on how Sunshine had helped them and touched their lives. "It saddens me to know his work is already finished..
"Losing my son to such a senseless act of violence goes deep. He should not be allowed to do this to anyone again. I believe he should have been tethered last time so law enforcement knew where he was at all times"
"He should not be allowed to do this anyone again," Mrs. Marcet's sentiment was reiterated by all speakers, Ms. Firpo and Judge Dale Reinholtsen.
"We plead with the court to never release this animal to society," were the words of Christina's uncle.
The families were very grateful to DDA Elan Firpo and the jurors who they thanked.
"Sentence has to be such that Mr. Tree is never released to society"
"I have heard a lot of cases, I don't think I have ever heard a case where events are so senseless and defy logic," said Judge Reinholtsen before he sentenced Bodhi Tree.
"Sentence has to be such that Mr. Tree is never released to society. "Those were the words as Judge Reinholtsen sentenced Bodhi Tree.
He has to serve consecutive sentences but the basic gist is he has to serve 75 years and even then with minimum parole times on other terms, it is another 25 so it would be 100 years before he is eligible for parole.
Tree sat with with an attitude, no remorse and after sentence looked at bailiffs and said"Allright, ready."
A friend who has known him all his life even wrote to the Judge asking he be put away. "There is no safe place around hi," said the friend.
You can read the details of his sentence in other media coverage, I prefer to focus on Christina, Sunshine, Rhett, their family and friends.
News is about people, sometimes, those we love and lose unexpectedly.
"Sentence has to be such that Mr. Tree is never released to society. "Those were the words as Judge Reinholtsen sentenced Bodhi Tree.
He has to serve consecutive sentences but the basic gist is he has to serve 75 years and even then with minimum parole times on other terms, it is another 25 so it would be 100 years before he is eligible for parole.
Tree sat with with an attitude, no remorse and after sentence looked at bailiffs and said"Allright, ready."
A friend who has known him all his life even wrote to the Judge asking he be put away. "There is no safe place around hi," said the friend.
You can read the details of his sentence in other media coverage, I prefer to focus on Christina, Sunshine, Rhett, their family and friends.
News is about people, sometimes, those we love and lose unexpectedly.
Jurors, family, community members pack courtroom for Bodhi Tree sentencing
Judge Reinholtsen was calling calendars for courtroom1 and 4. After break Tree will be sentenced. 7 jurors took the time out of their schedules, community members that attended the trial, and the families of all victims have been waiting since 1:45 for Tree to be sentenced.
Finally justice was served this afternoon. Thank you Elan Firpo, jurors and Judge Reinholtsen.
Finally justice was served this afternoon. Thank you Elan Firpo, jurors and Judge Reinholtsen.
Bodhi Tree sentencing scheduled for this afternoon in Courtroom 4
Bodhi Tree is scheduled to be sentenced today in Courtroom 4. He is on the 2 p.m. court calendar.
Jurors will be attending, Christina and Sunshine will be represented by family, friends and supporters, I expect representatives from Probation and Victim Witness to be there as well as members from the community. It should be a packed courtroom.
I will post after the court hearing today.
Jurors will be attending, Christina and Sunshine will be represented by family, friends and supporters, I expect representatives from Probation and Victim Witness to be there as well as members from the community. It should be a packed courtroom.
I will post after the court hearing today.
Public invited to Humboldt bay Fire Open house tomorrow
Humboldt Bay Fire extends a warm invitation to the public it serves to join us for our annual Open House on Saturday, October 11, 2014. In the spirit of National Fire Prevention Week, we are promoting the message “Working Smoke Alarms Save Lives!" to urge community members to make their homes safer by installing working smoke alarms. At the event, firefighters will provide important life saving fire prevention tips, host station tours, offer interactive activities for children and present live fire and antique apparatus demonstrations. Community safety groups will also present information and be available to talk safety tips with the public.
The Open House will take place from 10:00 am to 3:00 pm at Humboldt Bay Fire Station #1 located at 533 C Street.
Schedule of Events
10:00 a.m. Station Tour
10:45 a.m. Raffle
11:00 a.m. 1904 Steam Fire Engine
11:30 a.m. Station Tour
12:15 p.m. Raffle
12:30 p.m. Tiller Demonstration
1:00 p.m. Station Tour
1:45 p.m. Raffle
2:00 p.m. 1904 Steam Fire Engine
2:30 p.m. Station Tour
2:45 p.m. Raffle
3:00 p.m. Open House Ends
Join us for fun, refreshments, an opportunity to learn about fire safety, and to meet your local firefighters! We hope to see you there!
The Open House will take place from 10:00 am to 3:00 pm at Humboldt Bay Fire Station #1 located at 533 C Street.
Schedule of Events
10:00 a.m. Station Tour
10:45 a.m. Raffle
11:00 a.m. 1904 Steam Fire Engine
11:30 a.m. Station Tour
12:15 p.m. Raffle
12:30 p.m. Tiller Demonstration
1:00 p.m. Station Tour
1:45 p.m. Raffle
2:00 p.m. 1904 Steam Fire Engine
2:30 p.m. Station Tour
2:45 p.m. Raffle
3:00 p.m. Open House Ends
Join us for fun, refreshments, an opportunity to learn about fire safety, and to meet your local firefighters! We hope to see you there!
Oct 9, 2014
City partnership with Umpqua Bank provides homebuyer program for low households
The City of Eureka announced today that they have partnered with Umpqua Bank to implement the City's Community Development Block Grant (or CDBG) funded Homebuyer Program. This program will provide affordable homeownership to 8-12 low or moderate income households. Low or moderate income is defined by CDBG as no more than 80% of the Humboldt County area median income, as established by HUD. Homebuyers must purchase "modest" homes located within the city limits of Eureka.
The City maintains a long term commitment to the provision of housing for low or moderate income households, who might not otherwise be given an opportunity to purchase a home, as per the goals of the City's Housing Element.
For more information or a Pre-Screen application to be added to the City's existing waiting list, please call Melinda at the City of Eureka's Housing Division of the Building Department at 707-441-4214.
Human caused fire causes heat damage to cell tower and structure on I street
0145 a.m. Thursday, October 09, 2014 Humboldt Bay Fire responded to a report of a structure fire on I Street with four engines, and two chief officers. Upon arrival the first arriving engine reported smoke and flames visible from a 20 x 20 outbuilding While fire personnel were extinguishing the fire, the building was searched to confirm that all occupants were out.
The fire was extinguished quickly; however it appeared that the fire had been burning of some time before it was noticed. By the time that firefighters arrived the building was fully involved and was a total loss. The building was within 15 feet of a cell tower and cell phone equipment which suffered a small amount of heat damage. No cell service was affected.
Humboldt Bay Fire urges residents that have outbuilding secured and monitored for trespassing activity.
The cause of the fire is under investigation and appears to be human caused at this time.
The fire was extinguished quickly; however it appeared that the fire had been burning of some time before it was noticed. By the time that firefighters arrived the building was fully involved and was a total loss. The building was within 15 feet of a cell tower and cell phone equipment which suffered a small amount of heat damage. No cell service was affected.
Humboldt Bay Fire urges residents that have outbuilding secured and monitored for trespassing activity.
The cause of the fire is under investigation and appears to be human caused at this time.
Oct 8, 2014
River bar "White Power" suspect Douglas Flowers to go to trial again on October 20
Douglas Flowers who was found guilty of battery; not guilty on 1 count and mistrial on 1 count in his first trial gets a second chance.
Previous posts:
http://johnchiv.blogspot.com/2014/08/river-bar-suspect-douglas-flowers.html
http://johnchiv.blogspot.com/2014/08/jury-currently-deliberating-fate-of.html
Previous posts:
http://johnchiv.blogspot.com/2014/08/river-bar-suspect-douglas-flowers.html
http://johnchiv.blogspot.com/2014/08/jury-currently-deliberating-fate-of.html
"Russo and Holmquist were handed a crappy case and they did a crappy job."
Tree jurors agree with DDA Elan Firpo's argument about the new trial, handling of the case and Judge Reinholtsen's decision to deny the new trial.
Several jurors have attended different hearings and I am not going to identify who said what to me for their own privacy. As it is, after the verdict, they have received the cold shoulder from the defense.
After the decison, one of the jurors gave me a quote which supported what both the Judge and Ms. Firpo stated today regarding the request for new trial .
"The defense never clearly made the case where the shooter stood that would prove Mr. Tree innocent. I never understood why the defense had the "images " and the experts. They helped the prosecution more than the defense. Ms. Stonebarger only testified about the DNA being on the bottle and sweatpants. All the blood spatter never made sense. Cloutier's ballistics were the biggest evidence. He was more influential."
After the jury verdict, a juror had said that even without the inmates testimony, DDA Elan Firpo did such an amazing job putting the puzzle together with all the witnesses, that they would have convicted Tree. There were 73 witnesses, one witness alone did not make the case.
The jurors have done their job and as one juror said, they do not want Bodhi Tree to get away with murder because of the legal process. All they can do is show up and have their presence speak.
One juror summed up what the jurors felt about the defense team. "Russo and Holmquist were handed a crappy case and they did a crappy job."
Several jurors have attended different hearings and I am not going to identify who said what to me for their own privacy. As it is, after the verdict, they have received the cold shoulder from the defense.
After the decison, one of the jurors gave me a quote which supported what both the Judge and Ms. Firpo stated today regarding the request for new trial .
"The defense never clearly made the case where the shooter stood that would prove Mr. Tree innocent. I never understood why the defense had the "images " and the experts. They helped the prosecution more than the defense. Ms. Stonebarger only testified about the DNA being on the bottle and sweatpants. All the blood spatter never made sense. Cloutier's ballistics were the biggest evidence. He was more influential."
After the jury verdict, a juror had said that even without the inmates testimony, DDA Elan Firpo did such an amazing job putting the puzzle together with all the witnesses, that they would have convicted Tree. There were 73 witnesses, one witness alone did not make the case.
The jurors have done their job and as one juror said, they do not want Bodhi Tree to get away with murder because of the legal process. All they can do is show up and have their presence speak.
One juror summed up what the jurors felt about the defense team. "Russo and Holmquist were handed a crappy case and they did a crappy job."
Black lexus involved in hit and run; victims include a eight-year old
The Eureka Police Department is asking for the public’s assistance locating a driver involved in a hit and run traffic collision. On 10/08/14 at about 2:30 p.m. officers responded to the 3400 block of Broadway for the report of a vehicle vs. pedestrian hit and run collision.
Upon arrival, officers contacted an eight year old juvenile male and his father who reported that the juvenile had just been struck by a vehicle. The juvenile and his father were walking south on Broadway in the crosswalk at the south entrance to the Bayshore Mall when a vehicle leaving the mall parking lot struck the juvenile.
The father said the driver made eye contact with him before continuing south on Broadway. The suspect vehicle is described as a black Lexus two door coupe. The male driver is described as a white male, 50-60 years old, gray hair, stocky build, and was wearing dark glasses.
The juvenile was transported by ambulance to St. Joseph Hospital with minor injuries. Anyone with information is asked to call Officer Jones at (707)441-4109.
Upon arrival, officers contacted an eight year old juvenile male and his father who reported that the juvenile had just been struck by a vehicle. The juvenile and his father were walking south on Broadway in the crosswalk at the south entrance to the Bayshore Mall when a vehicle leaving the mall parking lot struck the juvenile.
The father said the driver made eye contact with him before continuing south on Broadway. The suspect vehicle is described as a black Lexus two door coupe. The male driver is described as a white male, 50-60 years old, gray hair, stocky build, and was wearing dark glasses.
The juvenile was transported by ambulance to St. Joseph Hospital with minor injuries. Anyone with information is asked to call Officer Jones at (707)441-4109.
Domestic violence incident involves boyfriend lighting his girlfriend's clothing on fire
On 10-07-2014, at approximately 10:00 p.m., the Humboldt County Sheriff’s Office received a 911 call from a 39 year old female who reported her boyfriend just assaulted her.
When the investigating deputy arrived at the victim’s residence in the 600 block of Alpha Street, Eureka, he met with the victim. The victim told the deputy her boyfriend, William Josephs Johns, 50 years old, had been using drugs and drinking alcoholic beverages. He was upset with her for unknown reasons and came into the restroom, knelt down next to her and lit her clothing on fire. Her cotton sweatshirt started burning and she had to put out the fire using her hand. Johns then stated he was going to burn her to death and bit her on her stomach, causing it to bleed. He then tore down the shower curtain in the restroom and ripped the toilet seat off the toilet and threw the toilet seat against the wall that she was sitting on. He then fled the trailer on foot in an unknown direction.
Deputies checked the surrounding area for Johns with no success. Deputies learned that Johns is on felony formal probation for domestic violence and has two summary probations for domestic violence.
On 10-8-2014, at approximately 1:00 p.m., Johns was taken into custody by a Humboldt County Probation Officer and transported to the Humboldt County Correctional Facility where he is being held without bail.
When the investigating deputy arrived at the victim’s residence in the 600 block of Alpha Street, Eureka, he met with the victim. The victim told the deputy her boyfriend, William Josephs Johns, 50 years old, had been using drugs and drinking alcoholic beverages. He was upset with her for unknown reasons and came into the restroom, knelt down next to her and lit her clothing on fire. Her cotton sweatshirt started burning and she had to put out the fire using her hand. Johns then stated he was going to burn her to death and bit her on her stomach, causing it to bleed. He then tore down the shower curtain in the restroom and ripped the toilet seat off the toilet and threw the toilet seat against the wall that she was sitting on. He then fled the trailer on foot in an unknown direction.
Deputies checked the surrounding area for Johns with no success. Deputies learned that Johns is on felony formal probation for domestic violence and has two summary probations for domestic violence.
On 10-8-2014, at approximately 1:00 p.m., Johns was taken into custody by a Humboldt County Probation Officer and transported to the Humboldt County Correctional Facility where he is being held without bail.
Judge denies defense motion for new trial in Tree case
Judge Reinholtsen basically he agreed with the People's written response and oral argument today in court.
The previous posts links will give the background and put this post in context. The written motions are basically what the attorneys argued in court.
Judge Reinholtsen said that the only issue is if the new evidence about Ms. Stonebarger "would result in a different outcome in a new trial". Judge Reinholtsen did not think that this would be the case.
He agreed with Ms. Firpo that the information provided to the defense, even though it was at a late stage, was "merely cumulative" and "would not have had a different result."
Bodhi Tree was in court dressed in the orange jail garb with his trademark "wtf" and "I don''t give a damn" expression. Both his attorneys, Ms. Holmquist and Mr. Russo were present but only Mr. Russo presented oral arguments to the court. DDA Elan Firpo was present for the People.
Representatives from Probation, Victim Witness and two jurors were present as well as prosecution key witness Sean Butler-Smith's sister.
Prior to the motion, when sentencing has been scheduled, other jurors have attended as well. They are very vested in the outcome.
Mr. Russo claimed Brady violation and used the same argument of lack of physical evidence and inadequate investigation. He called Ms. Stonebarger's statement in the People's response, the expert witness, who the defense team is using as the reason for a new trial, self-serving.
Ms. Firpo point by point, explained that the defense was provided in a very timely manner the information when the People learned about it. In fact, District Attorney Paul Gallegos sent it to the defense a day before he informed Ms. Firpo about it.
As she stated in her motion, Ms. Firpo said Ms. Stonebarger's testimony was limited. She forwarded the blood stain she found on clothing to another criminalist, she did not do any ballistics or DNA or crime scene analysis. Ms. Firpo disputed Mr. Russo's claim that Ms. Stonebarger made decisions on what should be tested.
The best part was when Ms. Firpo pointed out that the statements the defense was attributing to Ms. Stonebarger claiming she testified on stuff she was not qualified to were answers she gave in response to cross by the defense. Ms. Firpo said that Ms. Stonebarger's testimony did not provide any evidence that implicated Bodhi Tree. She also clarified Ms. Stonebarger's response was included because she was only excluded from biological work in 2012 for three months and she went to retraining. In 2013, she received a satisfactory evaluation.
The time period she was suspended was not when she did work on the Tree case. She said that the prosecution's primary expert witness and rebuttal witness to defense's experts was Dale Cloutier, who testified three mornings for 12 hours compared to Ms. Stonebarger's 3 hours.
Previous posts regarding defense's motion and People's response:
http://johnchiv.blogspot.com/2014/09/tree-motion-for-new-trial-missing.html
http://johnchiv.blogspot.com/2014/09/das-office-files-response-to-defense.html
The previous posts links will give the background and put this post in context. The written motions are basically what the attorneys argued in court.
Judge Reinholtsen said that the only issue is if the new evidence about Ms. Stonebarger "would result in a different outcome in a new trial". Judge Reinholtsen did not think that this would be the case.
He agreed with Ms. Firpo that the information provided to the defense, even though it was at a late stage, was "merely cumulative" and "would not have had a different result."
Bodhi Tree was in court dressed in the orange jail garb with his trademark "wtf" and "I don''t give a damn" expression. Both his attorneys, Ms. Holmquist and Mr. Russo were present but only Mr. Russo presented oral arguments to the court. DDA Elan Firpo was present for the People.
Representatives from Probation, Victim Witness and two jurors were present as well as prosecution key witness Sean Butler-Smith's sister.
Prior to the motion, when sentencing has been scheduled, other jurors have attended as well. They are very vested in the outcome.
Mr. Russo claimed Brady violation and used the same argument of lack of physical evidence and inadequate investigation. He called Ms. Stonebarger's statement in the People's response, the expert witness, who the defense team is using as the reason for a new trial, self-serving.
Ms. Firpo point by point, explained that the defense was provided in a very timely manner the information when the People learned about it. In fact, District Attorney Paul Gallegos sent it to the defense a day before he informed Ms. Firpo about it.
As she stated in her motion, Ms. Firpo said Ms. Stonebarger's testimony was limited. She forwarded the blood stain she found on clothing to another criminalist, she did not do any ballistics or DNA or crime scene analysis. Ms. Firpo disputed Mr. Russo's claim that Ms. Stonebarger made decisions on what should be tested.
The best part was when Ms. Firpo pointed out that the statements the defense was attributing to Ms. Stonebarger claiming she testified on stuff she was not qualified to were answers she gave in response to cross by the defense. Ms. Firpo said that Ms. Stonebarger's testimony did not provide any evidence that implicated Bodhi Tree. She also clarified Ms. Stonebarger's response was included because she was only excluded from biological work in 2012 for three months and she went to retraining. In 2013, she received a satisfactory evaluation.
The time period she was suspended was not when she did work on the Tree case. She said that the prosecution's primary expert witness and rebuttal witness to defense's experts was Dale Cloutier, who testified three mornings for 12 hours compared to Ms. Stonebarger's 3 hours.
Previous posts regarding defense's motion and People's response:
http://johnchiv.blogspot.com/2014/09/tree-motion-for-new-trial-missing.html
http://johnchiv.blogspot.com/2014/09/das-office-files-response-to-defense.html
The robbery just happened to occur when the clerk went in the back of the store?
Gas stations get robbed so often, you would think they would be more vigilant. What I am more curious about is if in this incident and the one at Sacred Heart, does law enforcement know if these are repeat offenders?
HCSO Press Release:
On 10-08-2014, at approximately 2:00 a.m., the Humboldt County Sheriff’s Office received a call of an armed robbery which just occurred at the 76 Gas and Mini-Mart 2698 Central Avenue, McKinleyville. The clerk reported that two suspects, one armed with a knife had entered the store, stole cash from the register and fled northbound on Central Avenue. Deputies arrived on scene within a minute of the call being dispatched and began searching the area for the suspects.
The investigating deputy met with the clerk who told the deputy he had momentarily entered a back office when the store was empty. When the clerk exited the office, the first suspect ran into the store and told him to stay in the office as the suspect went to the cash register. A second suspect entered the store immediately behind the first suspect and was brandishing a buck knife with an approximate six inch blade. The suspects stole money from the cash register and fled the store.
The suspects were described as follows:
Suspect #1 – dark hooded sweatshirt with the hoods pulled up to conceal the face, and dark pants
Suspect #2- white male adult, approximately 6” 2’, around 30 years old, light colored hair, wearing a blue bandana handkerchief covering his face, a navy blue sweatshirt and armed with a buck knife
Open season on Catholic Churches in Eureka since Gary Lee Bullock broke into St. Bernard's on New Year's Eve
In the 10 years that I have been in Eureka, before Gary Lee Bullock, I can remember one incident where St. Bernard's was burglarized.
Since this New Year's day, when our safe space was violated in many ways, another intruder broke into St. Bernard's a few months ago and now this incident at Sacred Heart. Of course, the press release is slim on details, and crime occurs every day in Eureka.
Alarms do not deter criminals, I know this from working downtown and Old Town, having to call the EPD on strung out burglars. Churches used to be a safe haven, not just for parishioners but anyone wanting refuge.
Even after the tragic death of Fr. Eric, we have been open and welcoming. There have been other minor incidents at St. Bernard's and one recently where I was threatened by someone who came into church and was aggressive and headed right for where he thought there might be money and only left when I actually called the police.
Crime and break-ins are not okay, no matter where they occur. There is no respect anymore, not even for a place of worship.
It seems ordinary law-abiding citizens are the ones behind bars, where criminals get a walk free thanks to ill-conceived laws.
HCSO Press Release:
On 10-07-2014, at approximately 9:00 a.m., the Humboldt County Sheriff’s Office received a call regarding a burglary at the Sacred Heart Church located at 2085 Myrtle Avenue, Eureka.
When the investigating deputy arrived at the church he met with a church staff member who pointed out a front window to the right of the front door, which enters into the sanctuary. The window had been smashed in with an unknown item. The smashed window created a hole large enough for unknown suspect(s) to enter the sanctuary. The suspect(s) located the church collection box and stole it. Damage to the window is estimated to be over $500.00.
Since this New Year's day, when our safe space was violated in many ways, another intruder broke into St. Bernard's a few months ago and now this incident at Sacred Heart. Of course, the press release is slim on details, and crime occurs every day in Eureka.
Alarms do not deter criminals, I know this from working downtown and Old Town, having to call the EPD on strung out burglars. Churches used to be a safe haven, not just for parishioners but anyone wanting refuge.
Even after the tragic death of Fr. Eric, we have been open and welcoming. There have been other minor incidents at St. Bernard's and one recently where I was threatened by someone who came into church and was aggressive and headed right for where he thought there might be money and only left when I actually called the police.
Crime and break-ins are not okay, no matter where they occur. There is no respect anymore, not even for a place of worship.
It seems ordinary law-abiding citizens are the ones behind bars, where criminals get a walk free thanks to ill-conceived laws.
HCSO Press Release:
On 10-07-2014, at approximately 9:00 a.m., the Humboldt County Sheriff’s Office received a call regarding a burglary at the Sacred Heart Church located at 2085 Myrtle Avenue, Eureka.
When the investigating deputy arrived at the church he met with a church staff member who pointed out a front window to the right of the front door, which enters into the sanctuary. The window had been smashed in with an unknown item. The smashed window created a hole large enough for unknown suspect(s) to enter the sanctuary. The suspect(s) located the church collection box and stole it. Damage to the window is estimated to be over $500.00.
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