ER - State advises against prosecution of local political figure Salzman

State advises against prosecution of local political figure Salzman
by Christine Bensen-Messinger, 12/16/2005

Although the California Attorney General’s Office acknowledged that Trinidad resident and political figure Richard Salzman appears to have broken the law by writing letters to the editors of local papers using names that are not his own, it is not recommending that he be prosecuted.

“I am of the opinion that Salzman technically violated (California Penal Code) 538a (which makes it a crime to send a letter to a newspaper using someone else’s name), and certainly its spirit,” Deputy Attorney General Keith Lyons wrote in a letter to Trinidad Police Chief Ken Thrailkill dated Dec. 9.

The investigation into Salzman’s alleged use of false names in letters to the editors of local newspapers started in September when The Eureka Reporter’s managing editor Glenn Franco Simmons contacted the police.

“Every person who signs any letter addressed to a newspaper with the name of a person other than himself and sends such letter to the newspaper, or causes it to be sent to such newspaper, with intent to lead the newspaper to believe that such letter was written by the person whose name is signed thereto, is guilty of a misdemeanor,” according to California Penal Code 538a.

As part of his investigation Thrailkill came to The Eureka Reporter and acquired copies of some e-mails as evidence.

Franco Simmons said that he decided to contact the police because he felt that the newspaper was a victim of multiple crimes under the Penal Code.

The investigation was completed by the Trinidad police and forwarded to the Attorney General’s Office Nov. 15.

Lyons wrote in his letter that although it is a violation of the law to use someone else’s name in a letter to the editor, “In this case all the individuals gave or arguably gave permission to Salzman to send letters to the papers signed with their names.”

“Even though it is not a legal defense to have the permission of the alleged signatory, on balance, it would weigh heavy in the jury room and I do not believe it is a wise use of resources to attempt a prosecution,” he wrote.

Lyons also noted in his letter that Salzman wrote letters using “Sarah Salzman,” which is the name of his dog, was given permission by someone to write a letter using his name, but wrote two instead and signed the name of one of his supporters to a letter he wrote, although the individual was dead at the time the letter was sent.


Although he was active in campaigns, including that of Humboldt County District Attorney Paul Gallegos, Gallegos said he does not think it would be “appropriate” to enlist Salzman’s help for his 2006 re-election campaign.

“Richard’s a friend. He’s a great friend. I care deeply for him,” Gallegos said. “(But) I do not anticipate him being on my campaign team.”

“Trinidad police conducted the investigation and the final review was left to the Attorney General’s office,” Thrailkill said. “I don’t have any objections either way, here or there. Our main purpose is to determine the facts and let the prosecution determine what steps it will take next. At this point we have completed our investigation.”

“I’m pleased that the matter has been resolved and I look forward to returning my attention to the vital quality-of-life issues facing Humboldt County,” an e-mail sent from Salzman’s address stated. “As my lawyer explained to me, the refusal of the Attorney General’s Office to file any charges indicates that the allegation didn’t even clear the first hurdle for entry into the criminal justice system. I’m happy that this months-long legal process is now closed.”

“I still feel Salzman should be prosecuted for what he did,” Franco Simmons said.

It is not fair or legal to use someone else’s name when sending a letter to the editor, he said.

Copyright (C) 2005, The Eureka Reporter. All rights reserved.