TS - Judge rules Palco case should be reassigned

Judge rules Palco case should be reassigned
By John Driscoll The Times-Standard
Tuesday, September 14, 2004 - 10:10:00 AM PST

Humboldt County Judge Christopher Wilson should be off the Pacific Lumber Co. fraud case, a San Joaquin County judge has ruled, though the company has vowed to challenge that decision.

Late last week, Judge Peter Saiers "reluctantly" ruled that the case should be reassigned to another judge. But he added that the Humboldt County district attorney made "a huge mistake" filing the motion to disqualify Wilson.

The District Attorney's Office sought Wilson's removal out of concerns that the judge appeared afraid that ruling on the case could be politically damaging, and because of Wilson's personal relationship with Supervisor Bonnie Neely's niece.

Saiers said the motion to disqualify Wilson based on the Neely connection was "nothing but smoke and mirrors." He denied that element of the request.
Assistant District Attorney Tim Stoen also claimed in a declaration in August that Wilson twice asked in court -- on other cases -- whether Stoen wanted him to lose his job. Stoen interpreted that to be in reference to the Palco case.

Saiers also denied the office's request to disqualify Wilson in regard to those comments.

The case centers around charges that Palco knowingly submitted false data on landslides to the California Department of Forestry. That, the District Attorney's Office claims, was done to gain access to timber on steep slopes that would otherwise have been off limits under the 1999 Headwaters Forest deal.

Shortly after District Attorney Paul Gallegos took office in 2002, Stoen filed the suit. In October 2003, Wilson assigned the case to Lake County Judge Richard Freeborn. On June 9, Wilson reversed that decision.

Saiers said Wilson's statement that he would only hear a second motion to throw out the case if both sides agreed, presented a difficult question. He ruled in favor of the DA's office to avoid the appearance of impropriety.

Stoen did not return the Times-Standard's phone call by deadline.

"We think this decision is just flat out wrong and there's no basis for disqualifying Wilson," said Edgar Washburn, an attorney for Palco.

Washburn said Palco feels that Wilson should hear the motion to throw out the case because he's familiar with the suit. He said he does not believe any judge will show Palco favoritism.