Today is American Family Business Day, celebrate Humboldt family owned businesses

Here's to all the family owned Humboldt businesses.

Today is Family Business Day.

http://www.familybusinessunited.com/resources/events/american-family-business-day-2016/

Classic case of where just because you can drag a case out, why not milk the system; another molestation victim comes forward and Viveiros defense asks for yet another delay

One day after trial confirmation, on August 25, the defense filed a motion to continue in the David Viveiros case. That motion was filed 8/25; it was  heard on Sept 1 in Courtroom 5 at 2 p.m.

Viveiros is charged with seven counts of alleged sexual acts with a minor. Viveiros was charged in June 2015.

This is the second continuance by the defense. There have been continuances to disposition and reset, again by the defense.

At pre trial, the Judge specifically asked if there would be any issues before setting dates for the jury trial.

There has only been one continuance requested by the District Attorney's office early on in the case.

Deputy District Attorney Stacey Eads is prosecuting the case. Public Defender Mr. Luke Brownfield is representing Viveiros.

Visiting Judge Robert Crone did grant the defense continuance which was opposed by the People. A setting date of September 13 has been scheduled.

Mr. Brownfield told Judge Crone, "The expert could not get back to us." According to Mr. Brownfield, the expert is on a federal jury; after talking with the expert, Mr. Brownfield said more investigation needs to be done. "I was going to ask for a three week continuance but given new information from the People, I am going to ask for a setting."

Ms. Eads responded, "Based on a general statement, this is not a good cause for a continuance." Ms. Eads brought up the fact that the expert issue has been addressed at previous court hearings and added, "This trial date was set to accommodate the expert witness weeks ago."

"We met yet another molestation victim last week," said Ms. Eads. "That report is being prepared. and we will be presenting it, according to evidence code 1108." Ms. Eads said that the victims had been notified according to Marsy's law about the continuance request.

"Considering the evidence we have, this case should resolve."

Given the recent use of Mendocino County's bearcat in McKinleyville, will the Supervisors grant HCSO request for purchase of a Bearcat?

Given the recent use of the Bearcat in the McKinleyville incident which resulted in the death of David Fulton, will the Board of Supervisors grant HCSO request for the purchase of a Bearcat?

Agenda item at this Tuesday's Board Board of Supervisors meeting:

That the Board of Supervisors direct the CAO to identity Measure Z savings from FY 16/17 in the amount of $175,000; direct the Auditor Controller to supplement the Sheriff's Measure Z budget (Unit 297) in the amount of $295,000 and adopt the attached supplemental budget for the purchase of a Lenco Bearcat (4/5 vote required). Recommendation: Attachments: Bearcat Rescue and Recovery Vehicle.pdf

RECOMMENDATION(S): 1) Direct the CAD to identity Measure Z savings from FY 16/17 in the amount of $175,000 2) Direct the Auditor Controller to supplement the Sheriffs Measure Z budget (Unit 297) in the amount of $295,000 and adopt the attached supplemental budget for the purchase of a Lenco Bearcat (4/5 vote required). SOURCE OF FUNDING: General Fund (Measure Z)

DISCUSSION: During the current-year Measure Z funding cycle. Sheriff Downey submitted a request for $290,358 to purchase a Lenco Bearcat Rescue and Recovery Vehicle. That request was supported and recommended for funding by the Citizen's Advisory Committee. The Board chose not to grant the request, but expressed that it would be willing to reconsider the application at mid-year, and requested that the Sheriff explore other funding options to help defray the significant cost of the vehicle.

A person has to wait five years after their 215 card expires to even enroll in a CCW class; this and other concerns expressed by 215 card holders wanting a firearm

This is a comment on my earlier post where Undersheriff William Honsal and District Attorney Maggie Fleming responded to the recent court ruling the regarding gun ownership ban for people who have a medical marijuana card.

AnonymousSeptember 2, 2016 at 2:31 PM

The more important question to ask is whether or not having a 215 card excludes the holder from purchasing firearms, since the background check goes to the Feds.

I spoke local insurance and business owner John Ford, who also provides insurance to the medical cannabis industry.

He said that since he markets to the medical cannabis industry, when he is at marketing events, he is required to have a 215 card, because 215 businesses are often located in an area, where this is a requirement. "One does not have to smoke marijuana to have 215 card," he said, also pointing out that some people take cannabis through edibles. Does this mean he cannot have a firearm?

Another reader sent me this message:  "Feds are punishing people that are complying with state law. Assuming all 215 holders are attics and don't know right from wrong, while not carrying the same assumption towards people that take other legal medication or drink alcohol is discriminatory towards the 215 holder."

I contacted Aaron of Pacific Outfitters and asked him about anonymous' question and Mr. Ford's question.

He responded, "When purchasing a gun. Federal form 4473. Question 11.e. Answering dishonestly is a crime punishable as a felony." Mr. Ostrom said that if a person is honest about using marijuana, then they would be denied owning a gun.

Mr. Ostrom also said that since his business offers classes for carrying a concealed weapon, both clients and the business discovered that "a person has to wait five years after their 215 card expires to enroll in the class."

"It is embarrassing to ask this question to people signing up for the class but we are required to do so," said Mr. Ostrom. 

(Aaron Ostrom and Senator Mike McGuire)

Search warrant and arrests made in large marijuana grow located within exterior boundaries of Pomo Indian Rancheria

: During the month of August the Mendocino County Sheriff's Office was made aware of a large marijuana growing operation located in the 13800 Block of Nakomis Road but accessed off of Pratt Ranch Road in Hopland CA.  The garden was located within the exterior boundaries of the Hopland Band of Pomo Indian Rancheria.

CHP hopes to release information on the Fortuna hit and run in the near future; Officer May gives update on investigation

I just spoke with CHP Officer Cy May about the Fortuna hit and run investigation.

"Things are moving along," said Officer May. "We hope to release information in the near future. We are putting everything we can into this investigation. We are diligently working on this investigation and we have not stopped working on it."

In the previous post below, I mentioned two men, and questioned what their connection was, if any, to the alleged hit and run in Fortuna that resulted in the deaths of Kiya Kitchen and Faith Tsarnas.

http://johnchiv.blogspot.com/2016/07/speculation-and-rumors-rife-in-fortuna.html


We know who Josh is by now; Josh Pearlston. I received a tip about "Kyle."

So who is "Kyle". I also received another tip that there was a passenger in the car with Marci Kitchen and that CHP is looking for that person. Officer May  said he had no comments on these two tips.

Major victory for environmentalists and fisherman in lawsuit settlement against U.S. Forest Service

Excerpt:

The U.S. Forest Service promised to create new boundaries and protections for two federally designated Wild and Scenic Rivers in Northern California.
     The settlement ends a lawsuit from the Pacific Coast Federation of Fishermen's Associations and North Coast Rivers Alliance.
     They claimed in November 2015 that the Mendocino National Forest was six years overdue to create boundaries and a resource management plan for the Black Butte River and its tributary, Cold Creek.
     Their attorney Stephan Volker called the settlement a major victory for environmentalists, fishermen and the threatened species that live in and around the watershed.

Undersheriff Honsal explains how the recent 9th circuit ruling on medical marijuana card holders being banned from having guns applies locally

This Wednesday, the 9th U.S. Circuit Court of Appeals ruled 3-0 that a ban preventing medical marijuana card holders from purchasing firearms is not in violation of the Second Amendment.There were nine western states under the appeals court’s jurisdiction, including Nevada, where the case originated.

How will this affect enforcement and prosecution locally? I reached out to HCSO Undersheriff William Honsal and District Attorney Maggie Fleming to see how enforcement and prosecution will be affected locally by this ruling.

Undersheriff Honsal told me that "we don't issue CCW to people who have 215 cards or use medical marijuana." CCW is the right to carry a concealed weapon.

According to the Second amendment, it is against the law to issue firearms to people addicted to drugs.

Even though, medical marijuana is legal in California, Undersheriff  Honsal explained that it is the federal government who decides who can get firearms.

DA Fleming responded, "This case addresses a federal issue we do not see in state court.  This decision will not affect us. "

Senator Mike McGuire introduces the WildFire Insurance Guarantee Act to inform residents about "insurance of last resort"

While California is seeing unprecedented wildland fires ravage hundreds of communities, thousands of residents are receiving non-renewal notices from their insurance companies. These families in rural California depend on their property insurance coverage and companies have not always been informing residents that there’s an “insurance of last resort” when private insurance agencies will no longer cover them.

Allen McCloskey out; Austin Allison in; what's the difference between these 2 and who are Austin's backers?

Thanks for the shout out THC.
i
https://thclive.net/2016/09/01/eureka-city-council-election-fiasco-did-council-members-support-illegal-campaigning/

THC asks a question in this latest post about why Allen McCloskey really dropped out.

If you missed these posts, here are four links worth pondering:

http://johnchiv.blogspot.com/2016/08/allen-mccloskey-listed-as-homeowner-of.html?m=1

http://johnchiv.blogspot.com/2016/08/is-filing-lawsuits-pattern-for-allen.html?m=1

http://johnchiv.blogspot.com/2016/08/allen-mccloskeys-lists-of-endorsers.html?m=1

 http://johnchiv.blogspot.com/2016/08/where-does-allen-mccloskey-live.html?m=1


Just like McCloskey, when his protege is asked to answer questions to clarify real concerns, all you hear is crickets.

Bicycle at the crosswalk of 4th and G; dude cussing out as he is being searched by three EPD officers

Just spoke with EPD's Officer Cory Crnich. The guy that was just put in the patrol car is bring charged with alleged violation of probation, resisting arrest going in and out of the street in middle of traffic, public intoxication and talking "nonsensically".

Fortunately, for citizens EPD happened to be in the vicinity.

I only heard him for five minutes and I have a headache. Try driving on 4th street with this idiot going in and out of the street.

He did call Officer Crnich "cool" and said, "I know this guy" to the other two police officers.

A picture of Marci Kitchen, Kiya Kitchen and Faith Tsarnas in happier times; community frustrated with lack of information

How did it go from this picture of Marci Kitchen, Kiya Kitchen and Faith Tsarnas to two young girls losing their life tragically and the person who can shed light is MIA?

I am posting this because on a daily basis, there are calls and emails I get from the community frustrated with the lack of information on this case.

And, that would be true of other media sources too. People ask me about the Kitchen case while commenting on other cases.


So when do we get an update, even if it that the investigation is ongoing and an estimate on when the public can expect any new information to be released or any information given to the DA?

How can a community heal at all when all the parties involved, Marci Kitchen; her lawyers and CHP are all silent?

No bail for man tased as he fled and later turned out to be a wanted fugitive from Texas

On 9-1-2016 at about 10:20 AM a MCSO Deputy attempted to conduct a traffic enforcement stop in the 100 block of Kawi Place, Willits. Prior to completing the traffic stop, the suspect vehicle pulled into a dirt parking lot, at which time a male exited the vehicle and took off running.

Jury selection going on for Ivan Martinez Chavarin, one of the alleged suspects where Fortuna victim claimed he was chased and tied up

In Courtroom 2, jury selection is curently going on for Ivan Martinez Chavarin.

This is the Fortuna case where the alleged victim claimed he was tied up, chased and threatened by people with firearms at his residence.

Chavarin looks nothing like his booking photo. Dressed in a suit, clean shaven with glasses, he sat next to his attorney, Conflict Counsel's Mr. Marek Reavis. Deputy District Attorney Jackie Harkness is prosecuting. Judge Marilyn Miles is the trial judge.

The co defendant, Tara Groswird's case,  was dismissed before preliminary hearing on January 12, 2016.

Previous post:

http://johnchiv.blogspot.com/2015/10/tara-marie-groswird-bail-set-at-25000.html?m=1

Budget Motel issues include deliquent TOT, now paid; water being shut off three times this year; Budget on city's radar

(This is a photo I took off Eureka City Manager Greg Sparks with City Councilmember Melinda Ciarabellini on the F street Boardwalk last year)

I spoke earlier this morning with Mr. Sparks about the Budget Motel and ongoing issues. "This is on our radar."

He told me the water had been off for three days before they paid their bill last week. This is the third time  the water has been turned off this year. The Transient Occupy Tax was delinquent but has been paid off.

Mr. Sparks reiterated EPD Captain Steve Watson's comment about the number of service calls to the Budget Motel.

The city code and law enforcement code issues are being debated, said Mr. Sparks.
 "We know there are building code issues and this  developing a into chronic issues complaint."

According to another citizen tip, the County and City of Eureka are working together for a long term solution to the issues and the people living at the Budget Motel.

HSU issues statement taking respondibility for protocol failures leading to Fisher's death

Below is a statement by Richard Boone, Dean of HSU’s College of Natural Resources & Sciences, about the Fisher that died on campus in May.

Dean Boone: “We were disturbed by this animal’s death, take responsibility for failure to observe proper protocols, and have taken corrective actions to ensure that a mistake like this doesn’t happen again.

Dean Boone: “We’re committed to teaching and research about wildlife so that we can help protect species like the fisher. This program – where students observe the animals, participate in caring for the animals, and learn proper handling of the animals – is an important part of that effort.”

The Fisher was nearly a decade old and had health issues. It had been at Humboldt State nearly its entire life, after being anonymously dropped off on campus when it was a baby. After USDA staff made their annual inspection visit to HSU, the agency concluded that HSU did not adequately follow procedures for reporting the animal’s condition to the veterinarian.

Federal judge rules that Thomas McClain's parents can take their case to trial

City Attorney Cyndi Day Wilson responded via email: John – this matter is being handled by the City’s outside insurance counsel and since it is pending litigation I cannot comment."

EPD Chief Andrew Mills declined comment.

Excerpt:

California Police Killing Case Heads to Trial

 SAN FRANCISCO (CN) — Parents who say a Eureka, Calif. policeman shot their son to death though his hands were in the air can take their case to trial, a federal judge said Wednesday.
     Twenty-two-year-old Thomas McClain was shot to death by Eureka police Officer Steven Linfoot on Sept. 17, 2004, his parents say in the lawsuit they filed in May 2015.
     The parents, Lance McClain and Jeanne Barragan, say their son was complying with orders and had his hands up when Linfoot fired seven bullets, three of which hit Thomas as he stood in his front yard.

Read full article at:

http://www.courthousenews.com/2016/09/01/california-police-killing-case-heads-to-trial.htm

Humboldt Superior Court CEO continues to improve accessibility and transparency for public and media

It has only been eight months since Ms. Kim Bartleson was hired as the CEO of Humboldt Superior Court and the change is remarkable.

I have written about some of those changes and her future plans below.