Oct 6, 2015

Paul Hagen opens up his own practice, North Coast Environmental Law

Former Deputy District Attorney at the Humboldt County D.A's office, DA candidate in 2010 and local attorney Paul Hagen is opening up his own practice, North Coast Environmental Law this Thursday. His office will be located at 822 G Street in Arcata.

 He was at the rally today organized by Assemblyman Jim Wood and this was during a brief chat. More details on his website and firm soon on this blog.

Kim Bartleson hired as Humboldt County new Court Executive Officer

The recruitment and interview process to select a new administrator has concluded and the Superior Court has named Ms. Kim Bartleson as its new Court Executive Officer/Jury Commissioner.

Ms. Bartleson is scheduled to begin her duties on October 26, 2015. She comes to the court with 22 years of experience as a court executive in Washington state.  She has a Bachelor of Arts degree in Public Administration from Ashford University, and she is a Fellow of the Institute for Court Management.

 “Our court is moving forward with ongoing operational and organizational changes that the judges and court managers have developed and approved.  We are looking forward to Ms. Bartleson’s leadership,” stated Presiding Judge Joyce Hinrichs.

“I am looking forward to working with the judges and staff.  The operational changes that the court has started implementing will improve case processing, decrease backlogs, and facilitate improved access to justice for the citizens of Humboldt County,” stated Ms. Bartleson.



"For close to 20 years medical marijuana patients have lived in a murky area"

The quote in the title was from Assemblyman Jim Wood and this was one of the many memorable quotes during the rally and press conference outside the Humboldt County Courthouse happening right now.

Assemblymember Jim Wood was the first speaker at a rally and press conference to urge Governor Brown to sign AB 243 and AB 266 (Medical Marijuana Regulation and Safety Act), a package that would regulate the medical cannabis industry in California. Joining Assemblymember Wood were Assembly members Rob Bonta and Tom Lackey, fellow authors of AB 266.

Assemblyman Wood thanked  Arcata Councilmember Mark Wheetley, Humboldt County Supervisors Estelle Fennell, Ryan Sundberg and Mark Lovelace.

Referring to AB 243, Assemblyman Wood said, "For close to 20 years medical marijuana patients have lived in a murky area."

The package "provides protection for legal activities and provides a framework for regulatory structure," said Assemblyman Wood. It also establishes cannabis as an agricultural product.

"Regardless of whether marijuana is legalized for recreational use in 2016, medical marijuana has been legal in California."

"This is the beginning not the end" another reference by Assemblyman Woods on the future of cannabis legalization. He said the excise tax that did not make it in this package has been reintroduced and will go forward in January.

There are plans by Board of Equalization's member Fiona MA to create a bank that "allows for safety of cash" from the cannabis industry being worked out with the Board of Equalization. Most of the changes will not take effect until Jan 1, 2018 since time is needed to put regulations in place.

"The time to act is now," said Assemblyman Wood urging Governor Brown to sign the package.

Assemblyman Bonta thanked Assemblyman Wood for his "leadership and for having us in his district for the passage of these historic bills. For 20 years, medical marijuana has an unregulated free for all."

"The Medical Marijuana Regulation and Safety Act will usher in a new era for California. If the Governor signs the Act, patients will have more assurances that their products are safe; law enforcement will have a foundation to identify drugged drivers and increased funding to protect the public; the environment will be protected from neglect and destruction, and water diversion and the medical marijuana industry itself will be able to come out of the shadows and receive the same protections under the law as other state-licensed businesses, creating jobs and contributing to the economy."

Assemblymember Tom Lackey is the only Republican to support this issue. "Republicans are nervous to talk about this issue. He talked about his 20 years in law enforcement on highway patrol and seeing stoned drivers. "I am not supportive of legalization of marijuana but this is a separate issue. Medical marijuana has been legal for 20 years." He said this package separates the legitimate users from illegal users.

Sheriff Downey opened with, "I think Assemblyman Lackey read my statement." He said he met with Assemblyman Woods and Senator Mike McGuire and said that "we need some type of legislation" for Humboldt County. Sheriff Downey said he was speaking as the Sheriff of Humboldt County and "not for the other 57 Sheriffs in California. We are not talking about legalization but about medical marijuana."

"The environmental impact by an unregulated industry is severe," said North Coast Environmental Center's Dan Ehresman. "This will reign in impacts of the green rush."

He thanked each Assemblymember by name for coming up to Humboldt and the Humboldt County Supervisors, County staff, EPIC and the Department of Fish and Life and all individuals involved in this effort.

About 60 people including Andy from California Cannabis Voice Humboldt, Ehresman from NEC, Natalynne DeLapp from EPIC, Arcata Counci lmembers Wheetley and Sofia Perreira, Eureka Council member Marian Brady, Supervisors  Sundberg,  Fennell,  Lovelace, local attorneys Paul Hagen and Kathleen Bryson, Humboldt County Sheriff Mike Downey, John Driscoll and Undersheriff  William Honsal and Harbor Commissioner Richard Marks. Supervisor Virginia Bass is out of town for a CSAC conference.








HDVS to have rally at Courthouse same time as rally for Medical Marijuana Act

Humboldt Domestic Violence Services got a proclamation from the Board of Supervisors this morning for October being Domestiv Violence awareness month. HDVS Board member Richard Marks was present at the BOS session.

HDVS is having a rally at the same time the rally is taking place where Assemblymember Jim Wood will lead a rally to urge Governor Brown to sign AB 243 and AB 266 (Medical Marijuana Regulation and Safety Act), a package that would regulate the medical cannabis industry in California. Joining Assemblymember Wood will be Assemblymembers Rob Bonta and Tom Lackey, fellow authors of AB 266.




District Attorney Maggie Fleming and Assemblyman Jim wood were among the many people that stopped by and checked out the silhouettes that represented victims that died due to domestic violence.


Oct 5, 2015

Leo Sears rejects LOCO's characterization of him as a "railroad buff" and sets the record straight

I happened to call Mr. Leo Sears right in the midst of him writing a response to LOCO mislabeling him as a railroad buff.

After reading all of today's coverage of the press conference, including mine, Mr. Sears gave me permission to print his response on my blog.

This is Mr. Sears response:

"Your headline derogatorily refers to me a “Railroad Buff”. At the-turn-of-the-century, I served a three year term as a Director of the North Coast Railroad, and have long since recognized our areas need for improved transportation. 

That having been said, I have never advocated for (or against) an east west railroad. Richard Marks, President of the of the Harbor District, also serves as a Director of the North Coast Railroad Authority and has spoken of the need for improved transportation. I have never thought of Richard as a “Railroad Buff”, and doubt that Richard is a member or advocate of the east west group. I totally reject the bias you've used to paint me with false colors.


Over the past 20 years I have attended numerous monthly Citizens for Port Development luncheons at the Samoa Cook House, as have many Harbor Commissioners. I never felt doing so necessary made me or them members of the Citizens for Port Development. I am not a member of the Citizens for Port Development, and was unequivocal when asked at the press conference. You have simply taken a whole cloth claim by the Commissioners, and ignored asking me for confirmation.

The accusation that the timing the suit is simply to affect the election is a wholly biased and unfounded accusation. Any blame for the timing of the suit fall directly on the shoulders of the Harbor District. It is in reaction to actions they took in September, and I could not have acted any sooner.

To be perfectly clear, I answer to no one other than myself. Over recent years I absented myself from community involvement to care for the declining health of my wife. But I believe my track record to be one of pursuing Economic Growth and Stability. That is what I'm trying to do now. Nothing more, nothing less."

This is the Supreme Court case that Mr. Bertain cited today, does it apply to Commissioner Greg Dale and the Harbor District?

http://law.justia.com/cases/california/supreme-court/3d/38/633.html

This is a link to the case referred to by Mr. William Bertain at today's press conference. Supreme Court of California from 1985.

BRUCE THOMSON et al., Plaintiffs and Appellants, v. HUBERT CALL et al., Defendants and Appellants; CITY OF ALBANY et al., Defendants and Respondents

Excerpt 1:

The truism that a person cannot serve two masters simultaneously finds expression in California's statutory doctrine that no public official shall be financially interested in any contract made by that person or by any body or board of which he or she is a member. 

Excerpt 2:

 the court found (1) Call's financial interest in the transaction violated Government Code section 1090; fn. 2 (2) the Calls were liable to the city for the $258,000 they received from the sale, plus interest; (3) the city was nevertheless to retain title to the land; and (4) relief was to be denied as to the other defendants. Judgment was entered accordingly.

Excerpt 3:

Decision of the Trial Court
The trial court filed a memorandum of decision reviewing the evidence in detail and stating the following conclusions: the complex transaction had produced a "single contract" in which Call had a financial interest in violation of section 1090; 

"I really want to avoid this lawsuit" Leo Sears wants Greg Dale to resign among other remedies sought

The Harbor District races this November just got a kickstart.

A press conference was held at 1 p.m. outside the Humboldt County Courthouse. A lawsuit was been filed in the Humboldt Superior Court this morning by Leo Sears against Harbor District Commissioner Greg Dale as well as fellow Commissioners Aaron Newman, Mike Wilson, Richard Marks, Pat Higgins, Executive Director Jack Crider and the Humboldt Bay Harbor Recreation and Conservation District.

The main point of the lawsuit is that the plaintiff, Leo Sears, alleges that "each and every defendant conspired with each of the remaining defendants and that they had common knowledge of and agreed to a plan to borrow $1.25 million from Coast Seafoods and, in a quid pro quo bargain, grant a 10 year lease extension with 4 five year options to Coast Seafoods while Greg Dale was serving on the Board of Commissioners of the Humboldt Bay Harbor District."

"The lawsuit alleges that all defendants were aware of Greg Dale's capacity as an officer of Coast Seafoods, the party with which the Harbor District was contracting. The lawsuit alleges violation of Government Code 1090.

The lawsuit asks that Greg Dale no longer serve as a Commissioner on the Humboldt Bay Harbor District, that the lease extension and $1.25 million loan be voided, several injunctions and costs of attorney fees.

The lawsuit was filed by local attorney Mr. William Bertain for Mr. Leo Sears. The civil lawsuit is a complaint for declaratory relief and preliminary and final injunctions.

Mr. Bertain said that the Commissioners ignored the wishes of citizens. Mr. Bertain said by filing this lawsuit Mr. Sears hoped this would avoid future of conflict of interests.

One of the things that make this conflict of interest significant said Mr. Sears is the quid pro quo issue. "I really wanted to avoid this lawsuit," said Mr. Sears. "No man can serve two masters."

Section 1090 does not excuse a person from  violation of the law just because he abstains or leaves the room, said Mr. Bertain.

Mr. Bertain referred to a 1985 Supreme Court case that upheld 1090. "I would no longer like to se Greg Dale serve on the Commission because of his conflict of interest," said Mr. Bertain. He described it as "blatant."

"We have two commissioners here right now, I guess we are ready to have a meeting." One of those commissioners was Mr. Marks. Mr. Crider had arrived with Mr. Marks. Mr. Greg Dale came in a few minutes late to the conference.

"We are dealing with the 1090 issue," said Mr. Dale. "You have to have ten percent in the company which I don't. This is a political stunt."

Mr. Dale called the people behind this effort a "group of individuals who have an interest in the East-West rail. It's not a coincidence that these people have been sending me threats for the past month and a half, are doing on the day the absentee ballots are to be sent out."

"I look forward to going to court," said Mr. Dale. "I have never been sued before."

Mr. Crider agreed with Mr. Dale that "this was a political stunt.". He said "I try not to get involved in the election office." Being named as a defendant in a lawsuit involving the Harbor is par for the course since he is the Executive Director.

"As soon as the election is over this will get dropped," said Mr. Crider. "We have had multiple attorneys on this, it was a complicated agreement. Because of public interest, we took public input in the final agreement."

Mr. Marks said that the timing was of interest since the absentee ballots come out tomorrow.

Mr. Sears said the timing was dictated by the actions of the Harbor District in September. It was September 10th when they multi-year extension of the lease with Coast Seafoods was signed. It was September 16th when he wrote a letter to the Editor asking for Mr. Dale to resign.

In the press release as well as remarks at the press conference, both Mr. Sears and Mr. Bertain said that at a luncheon meeting of the Fortuna Chamber of Commerce, Mr. Dale told the public attending that he was the one who conceived the idea and pushed the idea of Coast Seafoods, his employer, making a loan to the Harbor District to assist in the removal of pulp processing liquors from the Harbor District's recently purchased property at Samoa that was formerly the Freshwater Pulp Mill.

Mr. Sears also dismissed the criticism by Greg Dale that this was motivated in any way by people involved in the East West railroad. Mr. Sears said he had no connection with the East West railroad. "The only organization I pay dues and am a part of is the Taxpayers League."











KAEF, KIEM, TS, NCJ, LOCO were all present at the press conference.

Assemblymembers Urge Governor to Sign Medical Cannabis Package on Courthouse Steps Tomorrow!



On the steps of the Humboldt County Superior Courthouse tomorrow October 6th, Assemblymember Jim Wood will lead a rally to urge Governor Brown to sign AB 243 and AB 266 (Medical Marijuana Regulation and Safety Act), a package that would regulate the medical cannabis industry in California. Joining Assemblymember Wood will be Assemblymembers Rob Bonta and Tom Lackey, fellow authors of AB 266.

Join us at 11 a.m. on the Courthouse steps in your "I Am a Farmer" shirts to stand with Assm. Wood and let the Governor know that now is the time to regulate medical cannabis in California!

Leo Sears filed a conflict of interest lawsuit in Humboldt Superior Court against Greg Dale, the Harbor District and other commisioners.

This morning, Leo Sears filed a conflict of interest lawsuit in Humboldt Superior Court against Greg Dale, the Harbor District, and the other 4 commissioners.

A press conference is being held at 1 p.m. in front of the Courthouse where more details and a copy of the complaint will be available.

Over 500 veterans served at North Coast Stand Down, event "an incredible success"

Allan Dollison described the North Coast Standdown event this weekend as " an incredible success. We served over 500 veterans, and helped provide boots, clothing and eyeglasses to some of the county's truly needy veterans. I especially like that photo with Thomas Whitney (on the left) and myself at the Gideon's Bible station."

Photos by Mr. Dollison. He is currently on the Board of Directors for North Coast Standown and a former President of the Board.










Arrega's ex girlfriend takes the stand; as she testifies Arreaga puts his head down

Carly Michaels, Jason Arreaga's ex girlfriend took the stand today. Holding her attorney, Marion Miller's hand she walked into the courtroom. Two people, probably her parents, walked in with her.

The jury trial did not start until 9:15 this morning.

Michaels said she was heavily using meth and heroin in September 2014. "I was super intoxicated."


For the most part Michaels verified Shavonne Hammers version of how the three ended up in Humboldt. Reiterating the trailer as a place that was used for drugs, Michaels described a "clear glass bong with meth it" which she said was dirty and gross and on the nightstand and belonged to Shavonne Hammers' friend, a woman with "curly, gray hair."

There were some key moments in her testimony such as her saying that she heard two pops inside the trailer at the time Shavonne Hammers was inside. That she heard Arreaga shout "Don't go in there, my girl is in there." And that Shavonne Hammers thanked Arreaga for shooting Harley Hammers, her husband.

Michaels did not witness who shot Harley Hammers and Angel Tully.

Arreaga looked down as Michaels testified, eventually putting his head down on the table, then it seemed he was sobbing and he asked to be excused from the courtroom for Michaels testimony.

Michaels said she does not consider herself as dating Arreaga now. When asked by Deputy District Attorney Zachary Curtis "Do you recall when the relationship came to an end", Michaels responded, "We never had ended it."

Michaels said she had known Arreaga since she was 12 years old. She ran away from home when she was 14. "He was the only one I trusted."

Oct 4, 2015

ReformCA files cannabis legalization initiative for 2016 election

http://www.theweedblog.com/reformca-files-marijuana-legalization-initiative-for-the-2016-election/

ReformCA Files Marijuana Legalization Initiative For The 2016 Election is the title of the article.

Excerpt 1:

I just received the following e-mail, which is obviously big news for many reasons:
Johnny –
I wanted you to be the first to know. We’ve filed your initiative!
We believe this effort has the most statewide input and consensus, and thus the greatest likelihood of succeeding on the 2016 ballot. We engaged in extensive discussions with thousands of stakeholders across California just like YOU, including community leaders, activists, elected officials, city and county employees and locals, the CA NAACP, Latino Voters’ Leagues, Law Enforcement Against Prohibition, Labor, Medical, Health Care and Environmental Groups.

Excerpt 2: The initiative language is available at reformca.com/2016. We welcome your comments and feedback until midnight PST on Wednesday, October 7th.

Read the entire article on Johnny's blog at the link above.

Remember alleged sexual assault suspect Markis Shirley from the joyride incident or POP bust?

People might remember Markis Shirley from 2013 when EPD foiled his joyride.

See LOCO link

 http://lostcoastoutpost.com/2013/sep/29/epd-foils-early-morning-stolen-car-joyride-suspect/

Or earlier this year when POP did a drug bust.

Another LOCO link.

http://lostcoastoutpost.com/2015/jul/22/problem-oriented-policing-drug-arrests/




Looks like attempted murder suspect Courtney Fleming may have made bail?

Looks like attempted murder suspect Courtney Tyler Fleming may have made bail. His bail was set at $500,000. I was near the Courthouse and Humboldt County jail facility this afternoon. Will wait and see when the Sheriff's released report comes out tomorrow if this is confirmed..




Previous post:

http://johnchiv.blogspot.com/2015/10/500000-bail-set-for-attempted-murder.html

Oct 2, 2015


$500,000 bail set for attempted murder suspect Courtney Tyler Fleming

On Thursday, October 1, 2015 at approximately 11:25 a.m. the Humboldt County Sheriff’s Office received a 9-1-1 call from a male victim, age 45, stating he was just shot at. The victim stated he was hiding in the 7700 block of Fickle Hill Rd, Arcata.
When deputies arrived they found a male, arrestee Courtney Tyler Fleming, age 36, of Eureka, who was waiting outside a vehicle which was parked in front of a gate leading to private property. Deputies noticed there was severe damage to the front end of the vehicle, and the gate looked as though it had been rammed. Deputies questioned Fleming and noticed spent bullet casings near the vehicle. Deputies detained Fleming for further questioning while other deputies searched for the victim.
Deputies located the victim. The victim told deputies he owes Fleming money. The victim voluntarily got in the car with Fleming and they drove down Fickle Hill Rd. at a high rate of speed and crashed into the gate where deputies eventually located Fleming and the vehicle. The victim told deputies while in the car Fleming and he got into a heated argument. During the argument Fleming threatened the victim with a firearm. The victim, fearing for his safety, fled the vehicle and as he ran away he could hear several shots being fired in his direction. The victim was able to safely get away. The victim received minor injuries while fleeing but was not shot.
Courtney Tyler Fleming was arrested and transported to the Humboldt County Correctional Facility where he was booked for PC664/187(a) – attempted murder with a firearm. His bail was set at $500,000.

Police seeking sexual assault suspect Markis Shirley for an alleged rape at a downtown motel

On 10-4-2015, at about 0555 hours, Eureka Police Officers responded to a local downtown motel for a report of a rape that just occurred. Investigators have developed probable cause to arrest Markis Shirley for the sexual assault. If any person has information where Shirley is located call EPD Dispatch Center at 441-4044. If any person has information about this crime please contact Detective Harpham at 441-4305.

Shirley is described as a BMA, about 6’1”, 135 lbs with black hair and brown eyes.



Last night's boom much ado about nothing?

Last night's boom generated a lot of interest but whatever it was seems more like a fizzle this morning.

I contacted both EPD Captains Steve Watson and Brian Stephens. Neither of them had heard about anything.


Oct 3, 2015

Steve Volow of CASA reacts after I took his photo at the CASA Kid Walk




I showed Steve this photo, told him that I was going to use the headline and what he said. After I took this photo and a few others, Steve and the volunteers asked me the name of my site. I introduced myself. Steve quipped, "So you are the infamous John Chiv!" We all laughed and he shook my hand as did others.

Sorry to disappoint my critics but that good natured roast was because Steve and CASA understand the flack I take for some of my coverage, especially the domestic violence and sexual assault and abuse cases.

CASA is a great organization. The CASA Kid Walk is going on until 7 this evening.

"Unite against Crime", "Give a hand up, not a hand out" and "Poop or Get off the Council" photos from anti-crime rally

These photos were taken by Steve Payton especially for my blog. From the anti-crime rally near Bayshore Mall organized by Operation Safe Streets today from 5 to 6:30 p.m.