TS - Judge dismisses case against August

Judge dismisses case against August
By Kimberly Wear The Times-Standard
Thursday, June 23, 2005

EUREKA -- The conflict of interest case against Debi August was dismissed Thursday after a judge found grave concerns about violations to her due process rights.

Judge John Feeney dismissed the case with prejudice, meaning the accusation against the Fortuna city councilwoman cannot be brought again.

August broke into tears after Feeney made his ruling, hugging her sister and attorneys before walking away from the courthouse with her arm around Judith Schmidt, forewoman of the grand jury that brought the accusation case against August and the person who ultimately lead to its dismissal by turning over previously unseen documents.

ER - List of Gallegos stories for 2006

A search of Gallegos on the Eureka Reporter site shows all of these stories, letters and Op-Eds for the year 2006. Gradually they will all be posted here, so that there will be a complete archive of record of Paul Gallegos' time in office.

The election, the number of attorneys leaving, the dog abuse case, the plagiarism, the decline in child abuse prosecutions under Gallegos are major stories of the year.

And yet, only part of the story has been told. But Gallegos' mismanagement of the office is in full view now, despite the spin. And he has stopped talking to the media he feels are critical of him. More and more, the facts, and the truth is getting out, and the local papers and reporters are to be commended.

***
Writer asks district attorney to get Eureka back on the right track
12/29/2006

Jury decides in favor of Gallegos in wrongful termination suit against county
by Kara D. Machado, Christine Bensen-Messinger, 12/20/2006

Judge rules against motion
by Kara D. Machado, 12/16/2006

Graham sentencing continues Friday
by Kara D. Machado, 12/15/2006

Former deputy DA sues county for alleged wrongful termination
by Christine Bensen-Messinger, 12/14/2006

Ruling of man accused of causing the death of Orick woman overturned
12/13/2006

OFFICER ACTED IN SELF DEFENSE
Eureka police chief says proper procedures were followed when Burgess was shot
by Kara D. Machado, 11/30/2006

POLICE SAY SHOOTING JUSTIFIED
Eureka police chief says proper procedures were followed when Burgess was shot
by Kara D. Machado, 11/30/2006

Marijuana advocacy group of hold conference Friday
by Laura Provolt, 11/29/2006

Special allegation could add 10 years to Nolan Graham sentence
by Kara D. Machado, 11/29/2006

Worth Dikeman accepts position in El Dorado County
by Heather Muller , 11/29/2006

Senior Detective Dave Parris to retire this month
by Heather Muller , 11/21/2006

Gallegos appeals decision in PALCO fraud lawsuit
by Nathan Rushton, 11/15/2006

Writer believes Gallegos, DA's Office are a sham
11/11/2006

Violence will escalate in an atmosphere that condones violence
by Ken Miller, McKinleyville, 11/4/2006

Original owner of Mad River dogs released from prison
by Heather Muller , 11/1/2006

Gallegos has the support of the majority in county
10/30/2006

Manila woman seeks to document police shootings
by Wendy Butler, 10/29/2006

Burgess shooting protest continues
Local officials address protesters at Courthouse Friday
by Kara D. Machado, 10/28/2006

Paul Gallegos should take all animal cruelty cases more seriously
10/25/2006

If Lucky had been seized, perhaps he would have survived
10/23/2006

Gallegos says he will not file felony in Bugenig horse case
by Heather Muller , 10/21/2006

Animal abuse linked to serial killings, needs to be addressed
10/16/2006

Code addressing animal abuse requires low burden of proof
10/16/2006

Flower's 'biased words' prompt first-time letter writer
10/14/2006

Bitter? You bet!
by Tim Crlenjak, Eureka, 10/12/2006

Writer throws in two cents on questions relating to elections
10/9/2006

Cannabis distribution film shown
by Laura Provolt, 10/7/2006

Council candidates report finances
by Rebecca S. Bender, 10/7/2006

JURY DECLARES GRAHAM GUILTY
Victim's mother cries as verdict is read; Graham now faces up to 21 years in prison
by Kara D. Machado, 10/5/2006

'A newspaper should have no friends'
by By Eric V. Kirk, Redway, 10/4/2006

Jury continues deliberating Graham murder trial
Jurors have requested the re-reading of trial transcripts several times since the deliberation...
by Kara D. Machado, The Eureka Reporter, 10/4/2006

Still no verdict in Graham trial
10/3/2006

It's telling that Gallegos witch hunt didn't start until firing of Dikeman
10/2/2006

Ethical quagmire created by Gallegos' acceptance of casino's contribution
10/1/2006

Aren't we being taken for fools?
by Jerry Partain, 9/30/2006

Deliberation to continue in Graham case Monday
by Kara D. Machado, 9/30/2006

Gallegos is 'public servant,' not Legal Spiegel
9/30/2006

Hounding of Gallegos is petty, should wait until next election
9/30/2006

Tribe's contribution to DA's campaign was made by the Tribal Council, not Bowman
by Illene Callahan, 9/30/2006

Bear River official discusses financial contributions from tribe
by Rebecca S. Bender, 9/29/2006

District Attorney Gallegos responds in e-mail exchange
by Heather Muller , 9/29/2006

Jury begins deliberating Nolan Graham murder case
by Kara D. Machado, 9/29/2006

Questions remain in DA's handling of Bowman charges
by Heather Muller , 9/29/2006

Contribution made because Gallegos was the better of the two
by Michael P. Acosta, 9/28/2006

DA presents closing argument in Nolan Graham murder trial
by Kara Machado, 9/28/2006

Bowman story not accurate
by Max S. Cardoza, 9/27/2006

Questions without answers hinder our newsgathering
9/27/2006

Gallegos should do Humboldt County a favor and resign
9/26/2006

Gallegos sidesteps questions about possible conflict of interest in Bowman charges
by Heather Muller , 9/26/2006

Graham's defense rests case; closing arguments scheduled
by Kara D. Machado, 9/26/2006

Would Dikeman have kept Gallegos if he'd won DA election?
9/26/2006

Jury expected to deliberate Graham trial at beginning of this week
by Kara Machado, 9/23/2006

Nolan Graham testifies in his own defense
by Kara D. Machado, 9/22/2006

Prosecutor assigned to Child Abuse Services Team
by Christine Bensen-Messinger, 9/22/2006

Jurors in murder trial hear taped interviews
by Kara D. Machado, the eureka reporter, 9/21/2006

Technical difficulties send home Graham trial jurors
by Kara D. Machado, the eureka reporter, 9/20/2006

WORTH DIKEMAN DISCUSSES FIRING
Former deputy district attorney says Gallegos gave no reason for termination
by Heather Muller , 9/20/2006

Jurors to hear taped interview of Graham today
by Kara D. Machado, the eureka reporter, 9/19/2006

Dikeman's caliber not easy to replace
9/17/2006

BREAKING NEWS: GALLEGOS FIRES DIKEMAN
9/16/2006

Deputy District Attorney Worth Dikeman is fired
by Heather Muller and Christine Bensen-Messinger, 9/16/2006

Testimony in Graham trial continues
by Kara D. Machado, 9/16/2006

Forensic pathologist and Nolan Graham's wife testify in murder trial
by Kara D. Machado, 9/15/2006

Writer asks, 'What is Humboldt County coming to?'
9/15/2006

Testimony continues in Graham murder trial today
by Kara D. Machado, 9/14/2006

Murder trial of Nolan Graham continues with testimonies in court today
by Kara D. Machado, the eureka reporter, 9/13/2006

Conflicting testimonies given in Graham murder trial
by Kara D. Machado, 9/12/2006

Court rules in Dikeman's 1992 dismissal of jurors
by Rebecca S. Bender, 9/12/2006

People insist on making connections that don't exist for personal gain
9/12/2006

District Attorney Paul Gallegos comments on attribution flap
by Heather Muller , 9/9/2006

Is Paul Gallegos redefining the responsibility of the DA's Office?
9/9/2006

Murder trial resumes in Nolan Graham case
by Kara D. Machado, 9/9/2006

A second Gallegos column raises questions about attribution
by Heather Muller , 9/8/2006

Mother of homicide victim says her son was 'upset and afraid'
by Christine Bensen-Messinger, 9/8/2006

Newspaper faces tough choice in revelations
9/8/2006

Graham trial expected to start today
9/7/2006

WHOSE WORD WAS 'MY WORD'?
by Heather Muller , 9/7/2006

Writer responds to district attorney's column in newspaper
9/6/2006

When law enforcement fails, 'vigilantism' sometimes needed
by Shannon Miranda, 9/4/2006

Malcolms 'walked through' arraignment
by Heather Muller , 9/2/2006

Arkleys face Fair Political Practices Commission penalties
by Rebecca S. Bender, 8/31/2006

Penalty increases for grease dumping
8/31/2006

MOORE INQUEST MAY BE TELEVISED
by Christine Bensen-Messinger, 8/30/2006

National Animal group challenges Gallegos over abuse case
by Heather Muller , 8/30/2006

National, international animal groups weigh in on abuse scandal
by Heather Muller , 8/30/2006

Specious arguments
8/30/2006

Blue Ox's KKDS-FM hits the airwaves Saturday
by Wendy Butler, 8/25/2006

Evidence mounts in animal abuse case
Sheriff's Office reports say deputies found more than 60 dogs, many "chained to tires, trees...
by Heather Muller , 8/24/2006

Writer believes district attorney is attempting to create his own empire
8/24/2006

IN THE 'INTERESTS OF JUSTICE'?
by Heather Muller , 8/23/2006

Local Solutions announces endorsements for Eureka City Council, mayoral elections
by Rebecca S. Bender, 8/23/2006

Lunsford sentenced with no possibility for parole
by Christine Bensen-Messinger, 8/23/2006

DA's Office seeking environmental attorney, interim situation set up
by Christine Bensen-Messinger, 8/15/2006

Local Solutions to meet with candidates
by Rebecca S. Bender, 8/12/2006

Former attorney's employment issues not to be disclosed
by Christine Bensen-Messinger, 8/9/2006

Political wars should be left to larger towns
by Bud Miller, 7/29/2006

JUDGE DENIES LUNSFORD RETRIAL
Motion for retrial in Lunsford trial denied
by Christine Bensen-Messinger, 7/26/2006

Lunsford Retrial Motion to be discussed today
7/26/2006

DUI driver sentenced to jail, probation
by Christine Bensen-Messinger, 7/25/2006

Coroner's inquest into police-involved shooting rescheduled
by Christine Bensen-Messinger, 7/24/2006

Stewards disappointed about Hagen's dismissal
by Tim Ayres and Aryay Kalaki, 7/17/2006

CREG television advertisement decries contaminated 'Balloon Track'
by Wendy Butler, 7/15/2006

New environmental circuit prosecutor sought for county
by Christine Bensen-Messinger, 7/12/2006

Two arrested on forgery charges after burglary
7/9/2006

Thank goodness letter writers' careers in education are over
6/27/2006

Thank goodness certain educators are no longer influencing children
6/26/2006

Mr. Gallegos should be after criminals, not health care facility
6/25/2006

Mr. Gallegos should be after criminals, not healthcare facility
by Harvey Willet, 6/23/2006

One person's wish list for Gallegos now that the election is over
by Lois Wild, 6/23/2006

Paul Gallegos is one of the kindest and nicest attorneys ever
6/16/2006

Democrats back river economic relief bills
by Rebecca S. Bender, 6/14/2006

Correction:
6/11/2006

Gallegos faces challenges; Dikeman could help incumbent
6/10/2006

GALLEGOS WINS
+ Dikeman plans to be back at work today to continue prosecuting cases
by Christine Bensen-Messinger, 6/7/2006

Geist takes 5th District outright
by Nathan Rushton, 6/7/2006

Both sides getting out the vote
6/6/2006

Coroner expects 'victory' at polls Tuesday
+ Not all local elections Tuesday will be hotly contested. A few candidates, such as Humboldt...
6/5/2006

A recap of The Eureka Reporter's election endorsements
6/4/2006

Debate is about legal motions, not racism
by Shilpa Mehta, 6/4/2006

Dikeman being propped up again as a local hero
6/4/2006

Dikeman household has shown compassion, not biased racism
by Stephen Lewis, 6/4/2006

Dikeman is a great prosecutor, deserves the job
6/4/2006

Dikeman is clearly 'in bed' with local law enforcement
6/4/2006

Dikeman lost reader's trust during the recall campaign
6/4/2006

Dikeman's proximity to law enforcement is disturbing
6/4/2006

Electoral process gives the power to the people
by Paul Gallegos, 6/4/2006

Gallegos campaign ad is misleading community residents
6/4/2006

Gallegos dealt with resentment from day one in office
6/4/2006

Paul Gallegos does a fine job, despite all his detractors
6/4/2006

Paul Gallegos does not prosecute enough criminals
6/4/2006

Paul Gallegos has done more with less, deserves re-election
6/4/2006

People who work with victims want Paul Gallegos out
6/4/2006

Setting the record straight on Dikeman's 'dirty dozen'
by Alison Sterling Nichols, 6/4/2006

Support from law enforcement is not a conspiracy
6/4/2006

The Eureka Reporter's endorsements
6/4/2006

Decline in CAST numbers unrelated to District Attorney
by Kay Rackauckas, 6/3/2006

Election hell could get a lot worse
by Nathan Rushton, 6/3/2006

Employees flee from DA Paul Gallegos; Dikeman needed in DA office
by Lois Wild, 6/3/2006

Expert witness says words were 'twisted'
by Christine Bensen-Messinger, 6/3/2006

With same resources as previous DA, Gallegos has done a better job
by Richard Scheinman, 6/3/2006

Dikeman supporters stage satirical protest
by Christine Bensen-Messinger, 6/1/2006

District Attorney incumbent
6/1/2006

Gallegos ad misleads community residents about his role in case
6/1/2006

Gallegos knows the words of his ad campaign to be false
6/1/2006

The people with the guns shouldn't be electing officials
6/1/2006

FIRST SATURDAY NIGHT ARTS ALIVE!
Saturday 6-9 P.M. EUREKA
5/31/2006

Inside efforts to oust Gallegos should not come as a surprise
5/31/2006

Local Republicans say they did not endorse either candidate for DA
by Christine Bensen-Messinger, 5/31/2006

Why we're blessed to have Paul Gallegos
by Jack McCurdy, 5/31/2006

CAST needs support Gallegos is not providing
by Melissa Arnold, 5/30/2006

DA candidates debate Thursday on KHSU
5/30/2006

DA candidates emphasize justice, professionalism
District attorney candidates Paul Gallegos and Worth Dikeman spent some time with The Eureka...
by Heather Muller , 5/30/2006

Paul Gallegos focuses on truth and integrity, deserves re-election
by Patrick Riggs, 5/30/2006

Paul Gallegos lacks necessary leadership skills
by Pete and Melinda Ciarabellini, 5/30/2006

Voters shouldn't let Worth Dikeman and police grab power
by Pete Nichols, 5/30/2006

Worth Dikeman is the right candidate for district attorney
by Richard T. Twiddy, 5/30/2006

Worth Dikeman will give county's children the help they need
by Carole Cahill, 5/30/2006

Big money does not always buy the local vote
5/25/2006

Campaign finance statements filed for District Attorney candidates
by Rebecca S. Bender, 5/25/2006

CAST established with child victims in mind
by Glenn Franco Simmons, 5/25/2006

Court documents appear to refute Dikeman assertions about racism
+ Dikeman still on the hot-seat over remarks about Native American jurors
by Heather Muller , 5/25/2006

DA lawsuit alleges nursing home deficiencies
by Nathan Rushton, 5/25/2006

Dikeman and Jackson have made themselves accomplices
5/25/2006

Gallegos has lost support and respect
5/25/2006

Gallegos' ad misrepresents husband's name
5/25/2006

Moore shooting headed for Grand Jury?
by Heather Muller , 5/25/2006

Tired of political 'pie' throwing
by Sylvia De Rooy , 5/25/2006

Voters should reclaim county from 'Progressives'
June 6 provides opportunity
5/25/2006

Worth Dikeman is the man who lives by integrity
5/25/2006

Gallegos better off without law enforcement's support
5/24/2006

Measure T will protect each citizen's voice
5/24/2006

Dikeman says his experience makes him the man for the job
by Christine Bensen-Messinger, 5/22/2006

Gallegos says he's managing well with the budget he has
by Christine Bensen-Messinger, 5/22/2006

Second news release countering racism allegations issued
Ellie Bowman and Madison Ayala have been picketing in front of the Humboldt County Courthouse...
by Heather Muller , 5/22/2006

Writer does not plan to vote for Gallegos this time
5/21/2006

Gallegos should strive for local officer endorsements
5/20/2006

Gallegos support for Measure T inappropriate
5/20/2006

Two protestors call Dikeman a "racist"; he disagrees
by Christine Bensen-Messinger, 5/20/2006

Voting for Dikeman would bring back Terry Farmer-style justice
5/20/2006

DA's Office yet to respond to request for child abuse records
by Glenn Franco Simmons, 5/19/2006

Paul Gallegos is in a job way over his head
5/19/2006

Paul Gallegos is in a job way over his head
5/19/2006

Candidates spar over child abuse team
Dikeman said he will restore CAST to previous level; Gallegos says it's unnecessary
by Glenn Franco Simmons, 5/18/2006

District Attorney candidates both say they are confident
by Christine Bensen-Messinger, 5/18/2006

District Attorney Gallegos deserves his day in 'court'
by Rick St. Charles, 5/18/2006

Gallegos burdens citizens with bad choices
by Roy Comer, 5/18/2006

DA Gallegos causes local divisiveness
5/16/2006

Paul Gallegos filled with blatant politicking
5/16/2006

Writer hopes to see Worth Dikeman elected as da
by Shilpa Mehta, 5/16/2006

District Attorney Paul Gallegos will receive this writer's vote on June 6
5/14/2006

Writer says Worth Dikeman has law enforcement bias

5/14/2006

KEET to air live DA debate Wednesday
5/13/2006

Democrats back Props 81 and 82
by Rebecca S. Bender, 5/12/2006

Educate yourself before voting
by Nancy Comer, 5/12/2006

Former deputy DA speaks out
by Glenn Franco Simmons, 5/12/2006

Humboldt County Democrats vote unanimously to endorse Propositions 81 and 82
by Rebecca S. Bender, 5/11/2006

DA's Office releases information to Worth Dikeman campaign volunteer
Gallegos says opposition searching for 'anything'
by Glenn Franco Simmons, 5/9/2006

DA's slow response on information request criticized by Dikeman volunteer
by Glenn Franco Simmons, 5/9/2006

New Democrat group endorses Gallegos, Marks
Also voted to support Measure T
5/9/2006

Progressives should call themselves 'Regressives'
5/8/2006

Protesters tend to force actions by law officers
5/8/2006

All law groups endorse Dikeman for district attorney
Gallegos dances to the tune of the Progressives
by Stephen Lewis, 5/6/2006

Gallegos is least-competent DA
by Douglas Pool, 5/6/2006

CHP: if protesters follow the laws they won't get arrested
by Christine Bensen-Messinger, 5/4/2006

Sen. Wes Chesbro endorses Gallegos for DA
5/4/2006

FIRST SATURDAY NIGHT ARTS ALIVE!
Saturday 6-9 p.m. Eureka
5/3/2006

Residents, HSU students question DA about arrests
by Christine Bensen-Messinger, 5/3/2006

Three people arrested during immigration demonstration
Warrants are being sought for three more arrests
by Christine Bensen-Messinger, 5/2/2006

Times Standard photographer has run-in with Sheriff's deputy
Mark McKenna alleged he was forcefully pushed
by Christine Bensen-Messinger, 5/2/2006

Paul Gallegos' fundraiser
4/30/2006

Gallegos fundraiser scheduled for Avalon tonight
4/29/2006

Meeting about police review coalition turns to discussions of April 14 shooting
by Christine Bensen-Messinger, 4/28/2006

Speakers gather to voice support for Measure T ordinance
by Rebecca S. Bender, 4/26/2006

Measure T forum takes place Tuesday
4/23/2006

Do your homework before you vote
4/22/2006

HCDCC not democratic
by Stephen Lewis, 4/22/2006

Gallegos benefit scheduled for tonight
4/21/2006

Lunsford pleads guilty in 2002 killing of Dannemiller
4/21/2006

Measure T debate heating up
by Rebecca S. Bender, 4/21/2006

Measure T debate heating up
4/21/2006

Eureka Police must answer questions
4/19/2006

Eureka Police release more information on fatal shooting
Physical evidence from the incident is being processed
4/18/2006

Official party central committees should stay out of nonpartisan races
by Clifford B. Chapman, Sr., 4/17/2006

Paul Gallegos campaign falls short on substance
by Fred Mangels, 4/16/2006

Paul Gallegos is 'dangerously' soft on crime in the county
by Brandy Campbell, 4/16/2006

Investigation launched into police involved shooting
EPD Officer Suzie Owsley: "We did make entry with our SWAT team in the early afternoon and one...
by Christine Bensen-Messinger, 4/15/2006

Candidates Gallegos, Dikeman field questions in first forum
Humboldt County District Attorney Paul Gallegos and his opponent Deputy District Attorney...
by Christine Bensen-Messinger, 4/14/2006

Democrats overwhelmingly vote to endorse Gallegos
Vote is 20-1 in favor
by Rebecca S. Bender, 4/14/2006

Greens should make sure their voices are heard
Questions about David Giarrizzo
by Michael Smith, 4/14/2006

Democrats divided on District Attorney endorsement; no decision by press time
by Rebecca S. Bender, 4/13/2006

Dikeman campaign to start announcing endorsements
by Christine Bensen-Messinger, 4/13/2006

Bill Lockyer endorses gallegos
4/12/2006

The modern Democrats have a 'sinister ideology'
by Bob Williams, 4/12/2006

Arcata Greens Embrace Northern Humboldt County
4/9/2006

Reader would vote for Dikeman even if he were a Republican
by Mary Shively-Boughton, 4/9/2006

Assemblywoman Berg endorses Gallegos for DA
4/6/2006

Candidate for district attorney is disappointed
by Worth Dikeman, 4/6/2006

The Progressives political machine
Well, well, Humboldt County has its own political machine and it isn't even Republican or...
4/4/2006

A Rotarian five-alarm fiesta!
by Andrea Arnot, 4/2/2006

Democrats shouldn't endorse in a nonpartisan race
This letter (is) intended to supplement the three minutes allotted me at the March 21 meeting.
by Worth Dikeman, 4/2/2006

Several state, local law enforcement groups in support of Proposition 82
Philp, Gallegos also back preschool education initiative
by Christine Bensen-Messinger, 4/2/2006

Gallegos receives labor union support
3/30/2006

Jerry Partain should check his facts
by Neal Latt, 3/30/2006

FIRST SATURDAY NIGHT ARTS ALIVE!
SATURDAY EUREKA 6-9 P.M.
3/29/2006

DA election campaign managers pleased so far with fundraising
Gallegos campaign has raised roughly $32,258 in monetary contributions
by Christine Bensen-Messinger, 3/25/2006

First campaign statements for DA race turned in by candidates
by Christine Bensen-Messinger, 3/23/2006

Is there any such thing in this area?
by Jerry Partain, 3/23/2006

Friendly reception for Tyson at Republican dinner
Tyson discusses various Waterfront developments
by Rebecca S. Bender, 3/10/2006

Gallegos kickoff attracts crowd
DA gets ready for re-election campaign
by Christine Bensen-Messinger, 3/5/2006

Gallegos campaign to kick off Saturday
Celebration will include live music, art, wine and hors d'oeuvres
3/2/2006

FIRST SATURDAY NIGHT ARTS ALIVE!
6-9 P.M. EUREKA
3/1/2006

Redwood poacher gets 120 days in jail
Ronald Earl Vaughn also received three years of probation for violation
3/1/2006

Dikeman's campaign manager wants things to stay 'positive'
Gallegos spokesman says he's also looking forward to race
by Christine Bensen-Messinger, 2/26/2006

Measure T backers look to curb corporate election influence
Opponents say ordinance is unconstitutional
by Rebecca S. Bender, 2/24/2006

Lunsford sentencing delayed
Attorney preparing motion for retrial in homicide case
by Christine Bensen-Messinger, 2/17/2006

Career Expo was a big success thanks to community members
by Pa Kou Yang, Bao Yang, and Xou Her, 2/16/2006

Two men sentenced during Homeless Court on Friday
During the last Homeless Court there was one participant, this month there were two, but...
by Christine Bensen-Messinger, 2/11/2006

Supes approve out-of-county corporate contribution measure for June ballot
Board also approves beginning work on housing plans as part of General Plan update
by Nathan Rushton, 2/8/2006

Board of Supervisors to condsider elections measure
At Tuesday meeting, board to mull spot on June ballot for move to limit non-local campaign...
by Nathan Rushton, 2/6/2006

Questions linger on what led ex-postal worker to go on rampage
GOLETA — When neighbors and co-workers saw Jennifer San Marco mumbling and fighting with...
by the associated press, 2/3/2006

Eureka High School students to hear about career choices
1/27/2006

Defilippis sentenced to probation, receives one strike
Five years of probation handed down in wake of negotiated plea over stalking, intimidation
by Christine Bensen-Messinger, 1/26/2006

Elected Greens support local control campaign
Official Green Party news release announced opposition to effort to
1/26/2006

Has newspaper started showing anti-Gallegos bias?
1/26/2006

Gallegos names new campaign manager
District Attorney calls new manager smart, articulate
by Heather Muller, 1/24/2006

Just so you know
1/23/2006

Dikeman dsputes his boss's performance record at press conference
Humboldt County Deputy District Attorney Worth Dikeman held a press conference on Friday to...
by Shane Mizer, 1/22/2006

Lunsford guilty on all counts
Defendant tearfully tells father of victim, 'I didn't do it'
by Christine Bensen-Messinger, 1/20/2006

Signatures for election reform initiative delivered to county
Measure would prohibit non-local corporations from contributing to
by Nathan Rushton, 1/20/2006

Watson wasn't arraigned after second arrest
Booked twice last week on suspicion of multiple crimes
by Christine Bensen-Messinger, 1/19/2006

Deliberations continue in Lunsford trial
1/18/2006

Jury reaches verdict, to deliver today at 9 a.m.
by Christine Bensen-Messinger, 1/18/2006

DA's Office, police working together against local fraud
Watson also has charges pending from arrests in October
by Christine Bensen-Messinger, 1/17/2006

Jury deliberations continue Tuesday
1/15/2006

Jury deliberations get under way in Lunsford trial
The jury in the Marcella Lunsford murder trial began deliberating Thursday.
by Kara D. Machado, 1/13/2006

Lunsford's attorney begins closing arguments
Arguments will continue today in murder case of Dannemiller
by Kara D. Machado, 1/10/2006

Closing arguments in Lunsford case to resume today
Marcella Lunsford is charged with the premeditated murder of her ex-son-in-law
by Kara D. Machado, 1/9/2006

Man takes plea after given retrial
Edward Defilippis scheduled to be formally sentenced Jan. 25
by Christine Bensen-Messinger, 1/5/2006

The Eureka Reporter's top 16 headlines of 2005
by Wendy Butler, 1/1/2006

TS - Grand Jury Findings and Recommendations

Findings and Recommendations

Finding 1: The Grand Jury finds that the DA's office is seriously understaffed.
Recommendation la: The Grand Jury recommends the DA recruit and hire additional experienced felony prosecutors.

Recommendation 1b: The Grand Jury recommends the Board of Supervisors authorize and fund additional experienced felony prosecutor positions.

Recommendation 1c: The Grand Jury recommends the DA request additional clerical support staff positions from the Board of Supervisors.

Recommendation 1d: The Grand Jury recommends the Board of Supervisors authorize the DA to hire additional clerical support staff.

Finding 2: The Grand Jury finds that the DA's office does not provide timely or adequate feedback to law enforcement agencies on the status of their crime reports.

Recommendation 2a: The Grand Jury recommends the DA continue and expand regularly-scheduled meetings with law enforcement to inform them of cases rejected for lack of information and/or evidence.

Recommendation 2b: The Grand Jury recommends the DA's office produce regularly-scheduled reports for law enforcement showing the disposition of each case. These reports must contain all relevant information regarding each case from inception to final resolution.

Recommendation 2c: The Grand Jury recommends that the DA's office confer with law enforcement agencies to ensure the reports contain the information they need.

Finding 3: The Grand Jury finds that the DA's office fails to respond to inquiries in a timely fashion, whether these are from victims, witnesses, defendants, or the Grand Jury.

Recommendation 3a: The Grand Jury recommends the DA's office, in cooperation with the Victim Witness Office, develop a written policy stating who shall promptly respond to inquiries. Prompt response is especially important to victims of crime. Recommendation

3b: The Grand Jury recommends the DA's office immediately develop a small, quick reference office manual which includes how to handle correspondence and telephone calls so they will be dealt with in a timely manner. This would be especially useful for new hires. Recommendation

3c: The Grand Jury recommends the DA personally provide a good example by responding to inquiries quickly.

Finding 4: The Grand Jury finds that the DA does not hold regular meetings with his supervisory staff.

Recommendation 4: The Grand Jury recommends the DA hold and attend regular meetings with his supervisory staff.

Finding 5: The Grand Jury finds that there is no procedure and policy manual for the office.

Recommendation 5: The Grand Jury recommends the DA develop a procedure and policy manual, to be completed by January 1, 2006.

Finding 6: The Grand Jury finds that the DA's office accepts telephone messages only from 9:00 a.m. to noon and from 1:00 to 4:00 p.m. on weekdays. Unless a caller knows someone's direct number, the caller cannot leave a message.

Recommendation 6: The Grand Jury recommends the DA install a voice mail system that allows callers to access the main office number and leave messages for anyone at anytime.

Finding 7: The Grand Jury finds that the DA does not provide performance evaluations for all "at will" employees.

Recommendation 7: The Grand Jury recommends the DA provide regular, written performance evaluations for all "at will" employees.

Finding 8: The Grand Jury finds that the DA has fired at least one experienced, highly-competent Deputy DA without having comparable replacements available.

Recommendation 8: The Grand Jury recommends the DA refrain from firing Deputy DAs - except for cause - unless comparable replacement prosecutors are identified and are willing to work in Humboldt County.

Finding 9: The Grand Jury finds that the "at will" employment status of Deputy DAs hinders the county in attracting quality, experienced prosecutors to work - or even to apply - in Humboldt County.

Recommendation 9a: The Grand Jury recommends that the DA develop and implement a system to provide job security for Deputy DAs protecting them from arbitrary firing. This should be done by January 1, 2006.

Recommendation 9b: The Grand Jury recommends that the Board of Supervisors be directly involved in working with the DA to develop and implement a system which provides job security for Deputy DAs.

Finding 10: The Grand Jury finds that the reasons for plea bargains in serious felonies as required by Penal Code Sections 1192.6 and 1192.7 are not documented in the court minutes.

Recommendation 10: The Grand Jury recommends that the DA require that when a serious felony case is plea-bargained, the Prosecutor shall request the Court to order that the reasons for the plea bargain be reflected in the court minutes of the case. This will make the information readily available to the public and the media.

ER - 2004-05 Humboldt County Grand Jury Report

2004-05 Humboldt County grand jury releases its final report
by Diane M. Batley, 6/29/2005 The Eureka Reporter

After a year of investigations on issues raised about local government agencies and public officials, the 2004-05 Humboldt County grand jury released a report on its findings yesterday.

The grand jury’s 54-page report contained 27 topics that ranged from Animal Control Services to charter schools to an investigation of the District Attorney Criminal Division.

The lengthiest reports, approximately 10 pages long each, were on Humboldt County charter schools and “An Investigation of the District Attorney Criminal Division.”

The investigation of the district attorney criminal division was “prompted by citizen complaints and the fact that there had been no formal grand jury review of any division of the DA’s Office in 10 years,” according to the executive summary of grand jury report #2005-LJ-02.

District Attorney Paul Gallegos did not receive positive remarks about his leadership in reports “A Review of Humboldt County Child Abuse Services Team” and “An Investigation of the District Attorney Criminal Division.”

Regarding CAST, the grand jury findings stated that the program is faltering because fewer cases are “referred to CAST by law enforcement (and) the district attorney has diminished CAST’s effectiveness by failing to attend governing board meetings, failing to send deputy district attorneys to child interviews and reducing staff.”

In the grand jury’s report on “An Investigation of the District Attorney Criminal Division,” jurors found that “the informed, well-organized, diligent leadership essential during difficult times is missing (and) operations are neither as efficient nor as effective as they must be.”

The grand jury report on the division also stated that “weak leadership and poor managerial practices have led to problems in communication within the office itself, and, more seriously, with law-enforcement agencies, the Board of Supervisors and the general public. The district attorney has failed to educate himself thoroughly in office operations and procedures, and does not employ many common, useful managerial tools: He does not meet regularly with the supervisors who oversee his staff; he does not meet regularly with deputy district attorneys; he does not meet regularly with law-enforcement agencies; he does not provide ‘at-will’ employees with formal performance evaluations; he has no policy and procedures manual for the office; he has no written training documents for new hires.”

In the report on the division, the grand jury recommends the district attorney:

• “hire more experienced prosecutors and clerical staff;

• “expand and improve communications with law enforcement;

• “develop and implement written policy and training manuals on handling communication with the public, especially victims of crime;

• “meet regularly with department heads;

• “develop a procedures and policy manual for the division;

• “improve the office answering system for off-hour calls;

• “provide written performance evaluations for ‘at-will’ employees;

• “refrain from firing long-term experienced prosecutors — or anyone — except for cause, unless a comparable replacement has been identified and retained;

• “reclassify ‘at-will’ prosecutors to provide them with more job security; and

• “require prosecutors to request that the reasons for plea bargains be reflected in the court minutes of cases”

The investigation into Humboldt County charter schools was “initiated by citizen complaints, state and national media attention on charter school effectiveness and a general lack of public knowledge about charter school,” according to the executive summary of grand jury report #2005-HS-02 through 09.

The jurors found that charter schools are public schools and Humboldt County has seven charter districts or networks comprised of 19 charter school sites.

The grand jury report stated that it found “three charter school networks needing oversight improvement in at least one of the following areas: teacher credentials, admission policies, financial management, state testing, and/or required record-keeping.”

On a positive note, the jury found that despite areas in need of improvement, “charter school students appear to be receiving both interesting as well as challenging educational opportunities.”

The grand jury recommends that:

• “The Humboldt County Office of Education establish a clear and consistent method of conducting annual oversight checks of all of the county’s charter schools.

• “The sponsoring agencies of charter schools and the Humboldt County Office of Education exercise vigilant oversight regarding the credentials held by teachers assigned to be the primary teachers of core high school courses (English, math, history and science).

• “The Northcoast Preparatory Academy of the Big Lagoon Charter School Network make its application and admission policies transparent.

• “The Big Lagoon Charter School Network develop stricter guidelines for the maintenance of student records.

• “The Big Lagoon Charter School Network pay all its employees directly, deducting appropriate taxes and retirement benefits, and pay premiums for state unemployment compensation and state workers’ compensation.

• “The Big Lagoon Charter School Network check with the federal and state internal revenue services and the federal and state departments of labor to verify the legal definition of ‘employee’ and ‘independent contractor.’

• “The Big Lagoon Charter School Network consult with authorities to determine the legitimacy of using a pass-through account to pay anyone who is already retired and receiving retirement system benefits.

• “The Equinox Center for Education of the Big Lagoon Charter School Network confirm the legitimacy and legality of transforming a private school to a public school.

• “The Mattole Valley Charter School and the Pacific View Charter School encourage participation with state-recommended testing in order to achieve the 95 percent rate desired to track school accountability.”

Grand jury forewoman Darlene Marlow said that she could not provide any comments about the final report.

“Our comment is the report and that is our only comment,” she said.

The final report from the grand jury is the result of more than 7,000 hours of work by 21 grand jurors, including alternates, over the past year, Marlow stated in a letter included in the grand jury final report to Judge Timothy Cissna.

By the end of the year, 16 people remained on the grand jury. Their names are included in the final report. The 2004-05 grand jury members who remain until the next jury begins its work in July are Richard Beller of Eureka, Anne Christen of Ferndale, Cindy L.H. Costa of Eureka, Allan B. Edwards of McKinleyville, Stephanie Head of Eureka, Claudia Johnson of Eureka, Stacey Kaspari of Eureka, Bettie Boyce Lee of Fortuna, Willa Diane Lehman of Garberville, Russell Lewis of Fortuna, Darlene Couch Marlow of Trinidad, John Matthew Morehouse of Arcata, Patricia S. Nolan of Fortuna, Sue Oringer of Bayside, Evon Stalker of McKinleyville and Samuel B. Trumball of Arcata.

The grand jury is comprised of citizens who serve for one year and comprise “a civil investigative body having for its objective the detection and correction of flaws in government,” according to the final report.

Some jurors may serve a second term on the grand jury to provide continuity from one term to the next.

The foreperson is the official spokesperson for the grand jury.

“A grand juror may take no official action without the prior approval and authorization of a majority of the grand jury,” the final report states.

The 2004-05 grand jury report will be printed in its entirety on Friday in The Eureka Reporter.

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

TS - Grand jury issues scathing DA critique

Grand jury issues scathing DA critique
By Kimberly Wear, The Times-Standard
Wednesday, June 29, 2005

EUREKA -- The grand jury released a scathing critique of District Attorney Paul Gallegos on Tuesday, calling into question his leadership skills and issuing a list of recommended changes for his office.

In response, the district attorney said he agrees with several suggestions and some are already in progress, but Gallegos called other criticisms "untrue."

"A lot of these things, they just beat us to it, because in government things can take time," Gallegos said.

The grand jury said its investigation of the District Attorney's Office was prompted by "citizen complaints and the fact that there had been no formal grand jury review of any division of the DA's office in 10 years."

Acknowledged in the report are some difficulties faced by the office, including severe budget cuts, high staff turnover, adjustments after Gallegos replaced a 20-year veteran of the job and the disruption caused by the recent, failed DA recall attempt.

"However, the informed, well-organized, diligent leadership essential during difficult times is missing," the grand jury report said. "Operations are neither as efficient nor as effective as they must be."

Gallegos said the District Attorney's Office has done more with less during his tenure. He said the number of felony filings and defendants sent to jail are up the last two years despite a 25 percent decrease in staff.

At the same time, the antiquated system of keeping case information on 3-by-5 index cards was replaced with a computerized record-keeping system, the district attorney said.

"There's no one at the helm, but suddenly there's an increase in performance?" Gallegos asked. "That's sort of an odd response to nobody being at the helm."

The report said that the past two and a half years "have been stressful for the DA's office. Staff has had to adjust to a newly elected DA with no experience as a prosecuting attorney, who was not accustomed to administering a complex department with many employees, and whose management style is radically different from that of the previous DA."

Despite those problems, the report said, the grand jury found the staff to be "very hard-working and dedicated to the services they perform for the community."

Gallegos was elected in 2002 after beating long-time District Attorney Terry Farmer with 52 percent of the vote. Gallegos said he's certainly not the only attorney to switch from the defense to the prosecution or vice versa. He was a criminal defense attorney before becoming the county's top prosecutor.

"The difference is I've got the evidence and the burden of proof," he said. "The technicalities of it and presenting a case -- there's no real difference."

The forewoman of the grand jury that wrote the report, Darlene Marlow, was highly critical of Gallegos and his assistant district attorney's handling of the Debi August case, according to documents released during a series of discovery hearings earlier this month.

Marlow also served on the 2003-2004 grand jury that brought the accusation case against the Fortuna councilwoman. That case was dismissed with prejudice last week.

The current grand jury report also called into question the high staff turnover.

"The district attorney has shown a willingness to eliminate positions held by experienced deputy district attorneys and to replace them with newly graduated attorneys, and he has fired a long-term experienced prosecutor with no comparable replacement available."

Gallegos disagreed with the assessment. He said he lost several positions due to budget cuts or grant losses. One position was a firing and he said it was done for cause. Gallegos pointed out that Deputy District Attorney Worth Dikeman is running against him and he still has a job.

"There has been no intent to brain drain this office," Gallegos said. "Far from it."

The grand jury also said it found that "weak leadership and poor managerial practices have led to problems in communication within the office itself, and, more seriously, with law enforcement agencies, the Board of Supervisors, and the general public."

Gallegos said that he does regularly communicate with his deputy district attorneys and law enforcement. He said his second in command often attends meetings that he can't and a lot of discussions take place through e-mail.

"Communication is the easiest thing these days if you reach out and avail yourself," he said. "I would say I am pretty accessible."

He said "at will" employees are given performance evaluations by their immediate supervisors and the practice was implemented under his watch. Gallegos agrees there should be a policy and procedures manual for the office and he's been working on it.

He said he would be more than happy to implement many of the grand jury's suggestions if the Board of Supervisors was able to give him the money. Several others are in the works. Gallegos said he simply disagreed with some.

"We're actually punching out the work," Gallegos said.

See the complete list of the grand jury's findings and recommendations at the link below.

Findings and Recommendations

Stoen and Gallegos' HELP WANTED

It doesn't take long to recognize Stoen's writing - it's riddled with bizarre rhetoric...
The first one ran as a help wanted ad. Then it was revised...

(Note: At this point in time (2006) Gallegos is unable to find people who are willing to come to work in an office as chaotic and badly run as his. He has lost all but three of the seasoned prosecutors who worked for Humboldt County when he was elected a few years ago. Some of his new hires have left in a few days, some in a few weeks. Gallegos' handlers believed that his having survived the recall attempt would mean that bright young activist attorneys would jump at the chance to work at the feet of the "legend" - It's comical, Gallegos' much-vaunted suit against PL didn't even pass demurr, though he has finally gotten around to filing an appeal. In the meantime, the story of his mismanagement of the office continues to make headlines, and was the subject of a scathing Grand Jury report. This blog is an archive of articles relating to this subject, and for those who are interested in discussing the ongoing saga, please visit watchpaul.blogspot.com )

HumboldtFel0404.pdf

WANTED: TOP-FLIGHT PROSECUTOR   

WILLING TO TRADE INCOME FOR BEAUTY    

The Humboldt County District Attorney's Office is recruiting for a top-flight prosecutor, with at least 5 years felony experience, who is able to "pick up a file at a moment's notice and run with it." The opening derives from one of its deputy district attorneys being appointed a federal magistrate.

The Humboldt County DA's office is one of the most exciting prosecutorial offices in California. Its District Attorney, Paul Gallegos, is willing to charge anyone who commits wrongdoing--no matter how wealthy, sacrosanct, or ruthless. He believes in total equality before the law. He also plans to be innovative in promoting programs of prevention and treatment. He wants to make it the best prosecutorial office of its size in the nation.  

As an example of willingness to take on the powerful, the office filed, in February 2003, a major fraud suit against Pacific Lumber Company under the Unfair Competition Law. This led to Pacific Lumber's funding a recall against the DA, on which it spent $220,000 despite Humboldt being a rural county of only 140,000 people.  

On March 2, 2004, the voters in Humboldt County gave Gallegos an emphatic vote of confidence--over 61% of the vote despite a massive barrage of false advertising.   

Humboldt County is considered one of the most beautiful counties in the nation. It has an extensive coastline on the Pacific, contains rugged mountains for hiking and scenic rivers for fishing, and is home to the most cathedral-like redwoods in the world.

Eureka-Arcata has an airport with regularly scheduled service to San Francisco and Sacramento and elsewhere. It contains Humboldt State University, which reportedly sends the highest number of graduates into the Peace Corps of all colleges and universities in America.

The salary schedule for this position is per year, plus health and dental insurance benefits. Cost of living in Eureka-Arcata is less than in California's urban areas.

Contact:
Paul Gallegos,
Humboldt County District Attorney,
825 5th Street, 4th Floor,
Eureka, California 95501.
Phone: 707-445-7411. Fax: 707-445-7416.
Email: pgallegos@co.humboldt.ca.us.

***

The revised version reads: (All of the bizarre rhetoric has been removed.)
http://cdaa.org/HumboldtFel0404.pdf

WANTED: EXPERIENCED PROSECUTOR
WILLING TO TRADE INCOME FOR ENVIRONMENT

The Humboldt County District Attorney's Office is recruiting for an experienced prosecutor admitted to the California Bar--who has at least 5 years felony experience and is able to "pick up a file at a moment's notice and run with it." The opening derives from a deputy district attorneys being appointed a federal magistrate.

Humboldt County is considered one of the most beautiful counties in the nation. It has an extensive coastline on the Pacific, contains rugged mountains for hiking and scenic rivers for fishing, and is home to the most cathedral-like redwoods in the world.

Eureka-Arcata has an airport with regularly scheduled service to San Francisco and Sacramento and elsewhere. It is the home of Humboldt State University, an institution of high idealism that reputedly sends the highest number of graduates per capita into the Peace Corps of all colleges and universities in America.

This Deputy District Attorney III position carries a salary of $56,340.00, plus health and dental insurance benefits. Cost of living in Eureka-Arcata is less than in California's urban areas.

Contact:
Paul Gallegos,
Humboldt County District Attorney,
825 5th Street, 4th Floor,
Eureka, California 95501.
Phone: 707-445-7411. Fax: 707-445-7416.
Email: pgallegos@co.humboldt.ca.us.

****

WANTED: MISDEMEANOR PROSECUTOR WILLING TO TRADE INCOME FOR EXPERIENCE AND ENVIRONMENT The Humboldt County District Attorney's Office is recruiting for a misdemeanor prosecutor. We would consider a newly-minted attorney who did well in advocacy courses at law school. The position will provide extensive trial experience, and skilled mentoring by experienced felony prosecutors. Humboldt County is considered one of the most beautiful counties in the nation. It has an extensive coastline on the Pacific, contains rugged mountains for hiking and scenic rivers for fishing, and is home to the most cathedral-like redwoods in the world. Eureka-Arcata has an airport with regularly scheduled service to San Francisco and Sacramento and elsewhere. It is the home of Humboldt State University, an institution of high idealism. This Deputy District Attorney I position carries a salary of $40,538, plus health and dental insurance benefits. Cost of living in Eureka-Arcata is less than in California's urban areas. Contact: Paul Gallegos, Humboldt County District Attorney, 825 5th Street, 4th Floor, Eureka, California 95501. Phone: 707-445-7411. Fax: 707-445-7416. Email: pgallegos@co.humboldt.ca.us.

****
Then, there's this revealing little communique, detailing the thinking behind all this...
lizard2183@yahoo.com, michael@luminastrategies.com *

CC:
aeb_humboldt@topica.com

From:
"Ken Miller"    Add to Address Book
Subject:
Re: Elation

Date:
Wed, 3 Mar 2004 13:43:16 -0800

From the Alliance for Ethical Business (AEB) List serve:
1. DA's office can fight meth and heroin and their related crimes
including crooked cops. Crime prevention programs, in-patient rehab
locally.
2. DA can exploit his national notoriety by recruiting seasoned as
well as fresh bright younger prosecuters
3. Raise money to prosecute the PL case aggressively
4. Put forth an economic vision focusing on a diversified local and
regional organic economy, including energy policy, LNG, appropriate
Bay, airport, rail, etc development
5. Organize ourselves politically to accrue power, groom folks to run for offices. Database, outreach, etc.
6. Get rid of Tom Herman on the planning commission thanks to
Rodoni, he has been central to all of PL's fraudulent activities and
is therefore vulnerable to public outcry. This is a powerful
position.

At 8:36 AM -0800 3/3/04, David A. Jeffreys wrote:
> >From the Alliance for Ethical Business (AEB) List serve:
>Hello all,
>
>This is a great morning!!!!! We have a wonderful
>victory on our hands and I do not have to sell my
>house and move, heeeeee.
>
>One question, what does the AEB do now? We have an
>excellent organization here that should never go away.
>
>
>Thank you all,
>
>David A. Jeffreys

PD - PROSECUTOR STOEN DROPS SENATE BID

PROSECUTOR STOEN DROPS SENATE BID
Published on December 13, 2003
© 2003- The Press Democrat
BYLINE:    MIKE GENIELLA
PAGE: B1

Humboldt County prosecutor Tim Stoen's zig-zagging political career is providing fresh fodder for backers of a recall campaign against his boss, District Attorney Paul Gallegos.

Stoen, who over the past decade has switched political parties a number of times to run for state and federal offices, last weekend abruptly ended a bid to run for the U.S. Senate just one day after he paid a $3,000 filing fee and announced his campaign to become a Republican opponent of Democratic Sen. Barbara Boxer.

Stoen first announced he was withdrawing so he could ``fully focus on prosecuting crime in Humboldt County.''

By Tuesday, Stoen was citing the entrance of Bill Jones, former California secretary of state, into the Senate race as the key factor in his decision to drop out.

Stoen and Gallegos could not be reached Friday for comment on the fallout surrounding Stoen's latest political venture.

But backers of a campaign to recall Gallegos in the March primary are having a field day with Stoen's political antics, including his initial declaration that he was running to expose at the state and national levels the ``forces of evil'' behind the recall.

``The triggering event for my entering into this campaign was Pacific Lumber Company's disreputable act of spending thousands of dollars to fund the current recall campaign,'' Stoen said then.

Pacific Lumber immediately fired back, saying Stoen's statement confirmed what the company suspected all along: that Gallegos' decision to allow Stoen to file a controversial civil fraud lawsuit against the company shortly after assuming office earlier this year was politically motivated.

``Stoen's short-lived campaign reinforces that he is ill-informed and ill-advised,'' Pacific Lumber spokeswoman Erin Dunn said Friday. ``It also reinforces the company's position that the lawsuit is without merit and has been politically motivated from the beginning.''

Besides the notoriety surrounding Stoen and the lawsuit against Pacific Lumber, the prosecutor's past is coming under new scrutiny from critics of Gallegos.

The recent 25th anniversary of the mass murder/suicide at Jonestown has brought fresh reminders of Stoen's early role in the Peoples Temple. Stoen was chief legal adviser to cult leader Jim Jones, and helped orchestrate Jones' rise to political power in Mendocino County and later San Francisco.

Stoen broke from Jones a year before the 1978 Jonestown tragedy, but his 6-year-old son died along with more than 900 others in the jungle of Guyana.

``If the hiring of an ex-cultist is the best Gallegos could do after an alleged nationwide search, then that says a lot about his abilities,'' said Rick Brazeau, an Arcata political consultant who's managing the March recall campaign against Gallegos.

``We want to make sure the voters understand that,'' Brazeau said.

You can reach Staff Writer Mike Geniella at 462-6470 or mgeniella@pressdemocrat.com

TS - Stoen "powerful forces of evil"

Funny that was the exact phrase I used to refer to him and his & Gallegos' backers and cronies. "powerful forces of evil"

Stoen's Senate run aimed at 'exposing powerful forces of evil' behind DA recall
PL: Decision confirms lawsuit 'politically motivated'
By James Tressler The Times-Standard
Dec 6, 2003

EUREKA -- Humboldt County Assistant District Attorney Tim Stoen said Friday his decision to run for U.S. Senate is aimed, at least in part, at exposing what he calls "powerful forces of evil" trying to recall District Attorney Paul Gallegos.

Meanwhile, Pacific Lumber Co.'s president, who back the recall, say Stoen's decision confirms his lawsuit against the company is "politically motivated."

In a statement released Friday, Stoen said a Senate run could bring to the state and national level abuses of law and free enterprise -- essentially, issues that he raises in his high-profile lawsuit against PL.

"The immediate goal of this Senate campaign is to prevent the recall organizers from distorting and hiding these issues because of the vast wealth they have available," Stoen said. "I propose to even these odds by taking the offensive in a California-wide political process, thereby exposing to the light the powerful forces of evil trying to take down the totally honorable Paul Gallegos."

Stoen, 65, would be one of five Republicans on the March primary ballot. All are seeking to unseat incumbent Democratic U.S. Sen. Barbara Boxer. The GOP challengers include former Secretary of State Bill Jones, former U.S. Treasurer Rosario Marin, former Los Altos Hills Mayor Toni Casey and former State Assemblyman Howard Kaloogian, who was chairman of the Recall Gray Davis Committee.

Stoen said his ultimate goal is to get elected to the U.S. Senate, where he could, "push for laws preventing the deceptions committed by (PL) as detailed in our lawsuit, the abuses implicit in its 'fraud pact' response to our lawsuit, from being further operative in the market economics of America."

The lawsuit, which has not gone to trial, alleges that PL lied to state and federal regulators in the 1999 Headwaters Forest deal, in which the timber company was paid some $480 million in exchange for selling about 7,400 acres of redwood trees in the Headwaters Forest.

The district attorney's office alleges the company has since conducted logging operations forbidden under the 1999 agreement and thus caused environmental damage. PL has called the suit baseless and politically motivated, and the company poured more than $40,000 into a campaign to recall Gallegos.

Stoen's platform centers around five main planks. He said he agrees with President Bush's global strategy to promote democracy, especially in the Middle East, "as a moral imperative and a profound national interest." He also supports an "anticipatory self-defense" military policy, an investor protection economic policy, a "sustainability" environmental policy as well as a corporate policy aimed at reforms.

Two specific corporate reforms Stoen says he's seeking revolve around allegations he's made that PL is hiding behind a so-called "right to lie" defense and so-called "fraud pacts." Stoen charges that the company, in trying to get the lawsuit dismissed, is using the Noerr-Pennington doctrine cited by PL attorneys, who argue that even if the company provided misleading information to the government, such conduct is protected under the First Amendment and the Noerr-Pennington doctrine.

The "fraud pact" allegation refers to a 1996 agreement between Maxxam Corp. (which owns PL), the U.S. Department of the Interior and the California Resources Agency "to cooperate ... to preserve" the company's sustained yield plan "against third-party challenge." Such a pact forces the regulatory agencies to side with PL, Stoen alleges.

Stoen said if elected to the U.S. Senate he would work to reform laws pertaining to "right-to-lie" rights and fraud pacts.

PL President Robert Manne released a short statement in response to Stoen's announcement:

"Philosophically, I could endorse the five principles Mr. Stoen has laid out in his platform and initially thought about endorsing him," Manne said. "But once again, Mr. Stoen demonstrates he can't separate fact from fiction, has a personal vendetta he is pursuing at the expense of taxpayers, and confirms that the lawsuit against PALCO is truly politically motivated."

Earlier this week, Stoen's announcement was greeted with a mixture of support and criticism. Mike Harvey, chairman of the Humboldt County Republican Party, scoffed at Stoen's decision, saying he wondered whether Stoen could manage to run a statewide campaign without neglecting his current job. Harvey also went so far as to question whether Stoen's Senate run is just a publicity stunt to attract attention to the PL lawsuit.

On Friday, Stoen said he believes he can run for Senate without neglecting his duties. He's got about five weeks' worth of vacation time on the books, so he can take time off work. Also, Stoen said he intends to continue handling the PL lawsuit even if he manages to beat Boxer next year.

"I (would), consistent with Senate Ethics Rules, personally supervise, and -- should the trial take place when the Senate is not in session -- personally try our fraud case against (PL) as a special pro bono prosecutor," Stoen said.

This promise met with derision from Rick Brazeau, spokesman for the Committee to Recall Paul Gallegos.

"He must have 102 (marijuana) plants in his house if he believes he can serve in the Senate and handle the lawsuit," Brazeau said. "How could he say anything so stupid? This just vindicates everything we've been saying about his boss. Paul's judgment has been shown to be completely execrable. He didn't do the homework to find out if this guy was going to stick around."

Meanwhile, Gallegos on Friday said Stoen's got his backing.

"I wish him all the luck in the world," Gallegos said. "I believe in our democratic system. The success of it depends on having good candidates. If your intentions are good and you are willing to make the necessary sacrifices, I applaud you.

TS - Stoen sets sights on U.S. Senate

Stoen sets sights on U.S. Senate
By James Tressler The Times-Standard
Dec 5, 2003

EUREKA -- Here's yet another huge twist in the ongoing Humboldt County district attorney saga: DA Paul Gallegos' right-hand man, Tim Stoen, wants to run for U.S. Senate.

Stoen, hired by Gallegos this year to be his assistant district attorney, and who is handling Gallegos' controversial lawsuit against Pacific Lumber Co., filed an intention statement with the county Elections Office on Thursday.

Neither Stoen nor Gallegos could be reached for comment, but elections officials confirmed Stoen filed the statement to run against incumbent Democratic U.S. Sen. Barbara Boxer.

While such a run may come as a surprise -- Stoen's name would be on the same ballot in March as his boss, Gallegos, who faces a recall election -- Stoen has been active in politics before.

Last year he made an unsuccessful run on the Republican ticket for the North Coast's state Assembly seat, losing in the primary last March to fellow Republican Rob Brown. Stoen pic

Stoen has previously described himself as a conservative, pro-life Democrat. He was a Democrat 12 years ago when he made an unsuccessful run against Frank Riggs for Congress, then became a Republican again. In 1998 he switched to Democrat to take on Wesley Chesbro in the primaries in an attempt to gain the state Senate seat Chesbro now holds.

Locally Stoen has achieved notoriety not only for the PL lawsuit, but also for his ill-timed association with the late Jim Jones. Stoen was a legal adviser to the Peoples Temple founder, and he lost his 6-year-old son, John Victor Stoen, who died in a mass suicide orchestrated by Jones in Guyana in 1978.

Stoen had defected from the People's Temple in 1977 and was in the process of attempting to extricate his son from Jonestown with the help of U.S. Rep. Leo Ryan of San Mateo. Stoen stayed in Georgetown, Guyana, while Ryan visited Jonestown. Ryan was shot and killed when Jones's followers attacked his party as they attempted to fly out of Jonestown. The mass suicide followed.

The PL lawsuit, filed just weeks after Gallegos took office, has been the political story on the North Coast this year. The district attorney is seeking hundreds of millions in damages against the timber company, alleging PL lied to state agencies during the 1999 Headwaters Forest deal and subsequently has caused environmental damage as a result of activities the District Attorney's Office charges were forbidden under that agreement.

Just how Stoen plans to manage the PL lawsuit, which has yet to go to trial, and take on the task of running against the formidable Boxer for U.S. Senate -- who holds one of the state's most powerful political slots -- remains to be seen.

Mike Harvey, chairman of the Humboldt County Republican Party, said he's skeptical Stoen can pull it off.

"I'm not sure he's going to be able to do both his job as assistant district attorney and run an effective campaign," Harvey said. "I just hope he doesn't use running for Senate as a marketing tool for the DA's lawsuit against PL."

However, Eureka attorney Bill Bertain, a staunch PL critic who years ago won a settlement in a shareholders lawsuit against the PL parent company Maxxam Corp. in the early 1990s, said he doesn't see any problem with Stoen's decision. Bertain maintained that the PL lawsuit, though controversial, probably won't go to trial until sometime after the March primary. Bertain also said he thinks Stoen has a chance.

"He's very articulate, he knows a lot of people, he's got name recognition already and here he is with an issue that's pretty hot," Bertain said.

As of Thursday, three other Republicans had officially entered the race -- former U.S. Treasurer Rosario Marin, former Los Altos Hills Mayor Toni Casey and Ventura County Assemblyman Tony Strickland. All are relatively little known, but that could change if former Secretary of State Bill Jones enters the race. Jones, a Republican, has reportedly expressed interest in the race, but has not officially entered it.

Roy Behr, Boxer's campaign spokesman, said he's not familiar with Stoen but welcomed him into the fray.

In a telephone interview from Los Angeles, Behr said Stoen could have a chance of winning the Republican ticket, given that so far none of the candidates is particularly well known.

"When it comes to winning the primary, anyone who has the ability to communicate with voters, is particularly well known or has a substantial voter base has a plausible chance," Behr said. "Of course, winning in the general election next November is a different story."

According to elections officials, Stoen has paid the roughly $3,000 filing fee to enter the Senate race, but he has until today -- the deadline -- to get at least 65 valid signatures.

Eco-terrorist Rod Coronado

The author of this overly dramatic piece piece is Rod Coronado who is classified as an eco-terrorist, and has served time in prison for bombings.

"Rod Coronado has been living in Humboldt as a ground supporter for the Freshwater and Mattole treesits. He is currently organizing a direct action campaign against Maxxam/Pacific Lumber and Eric Schatz Tree Service that will not require a nonviolence training."

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Canopy Invasion in Freshwater
Rethinking Direct Action Strategies
Rod Coronado

Not far from where I write this, the last indigenous Mattole people made their stand. In the late 1800s, they were slaughtered by vigilante ranchers on nearby Rainbow Ridge. The Mattole were the caretakers of the land. They were the defenders of the forests.

Now, this very hillside of old-growth Douglas fir, oak and madrone forest is under attack from the same economic interests that led to the slaughter of the Mattole people.

The Rattle 9 Timber Harvest Plan (THP) has been approved. Blue lines mark the trees slated for death. All that stands in the way of the chainsaws at this point are our treesits and blockades. While treesits remain here in the Mattole and on Gypsy Mountain, it was the Freshwater treesits that fell under attack on March 17. This is not an official report from Earth First!, this is my story of the continuing battle to preserve ancient forests in Northern California and why I believe chants and singing are not enough.

Monday, March 17—The Canopy Invasion Begins

The day began with the eviction of Remedy and Wren from the treesits in the trees known as Jerry and Everlasting Life. They had continuously occupied these trees for 362 and 300 days, respectively. More than 50 California Highway Patrol officers and sheriff’s deputies illegally shut down the only road to the treesits. When the road was reopened, more than one hundred supporters gathered to witness as Remedy’s lockbox was cut, and she was lowered to the ground. The group I was in began to walk onto the road, and when the police ordered us back, we linked arms and sat down to block the road.

Wren’s lockbox took nearly two hours to cut. As darkness fell, we could see sparks fall to the ground from the climber’s handheld disc grinder. When PL’s hired climber, Eric Schatz (aka Climber Eric), lowered Wren’s bound body to the ground, the crowd surged forward. The police began jabbing us back with their batons. Arrests were made as more supporters sat in the roadway, and others chanted and drummed. Local residents and activists began to circle Everlasting Life, which still held Climber Eric’s crew. PL’s lackeys demanded police protection and got it. Deputies kicked activists who sat in the road and then pepper sprayed and batoned those who resisted.

My affinity group decided to shutdown PL’s helicopter logging operation above the Freshwater encampment. Twelve of us walked past the Columbia Helicopter Company security guard and climbed onto the redwood trunks as they were being lifted by the helicopter, disrupting it’s takeoff. Many of the trees were five to six feet in diameter. The helicopter operator gave up and left the area. We disappeared as the sheriff drove up the road. The helicopter has not flown again in Freshwater.

Tuesday, March 18—The Fight for Life Continues

As supporters arrived in the morning, they were greeted with hoots from another group of treesitters who had reoccupied Jerry and Everlasting Life in the middle of the night. Climber Eric and his crew were only able to remove one treesitter while eight other forest defenders were arrested on the ground.

In a cruel act of frustration, PL loggers and sheriff deputies formed an armed circle to protect one of Climber Eric’s crew who cut through the bark and girdled two ancient redwoods known as Wind Dancer and Robin. Meanwhile, two other treesitters evaded capture by traversing to other trees and climbing to the top.

Wednesday, March 19—Utopia Under Attack

Few forest defenders had slept more than a couple of hours when the cell phones began to ring. The community was alerted to the attack on Utopia, a tree occupied by Silver Willow, one of the Utopian Tree Pirates. That morning, PL security, loggers and the Sheriff’s deputies stood guard while Climber Eric cut the limbs off of Utopia and then bound and lowered Silver Willow from the tree. At the same time, a forest defender attempted to lockdown onto PL’s gate and was arrested as Utopia fell.

After the attack on Utopia, the police congregated on the helicopter log deck to watch for our next move. Our affinity group decided to stop a PL log deck construction crew in the forest. We ran to PL’s gate and locked the police in on the helicopter pad area with a Kryptonite lock. Then, we sped down the hill to the road construction site, and a defender locked down to an excavator, stopping the operation for the rest of the day.

Thursday, March 20—Tale of the Tree Pirates

Another tree pirate, AMD, climbed to the very tip of Jerry to avoid capture by Climber Eric. Meanwhile, two groups played cat and mouse in the forest to stop PL loggers from felling unoccupied trees. When we made our presence known to loggers, they chased us down, each carrying plastic handcuffs. We ran away; it’s how some of us avoid PL’s known violent attacks on nonviolent observers.

In the afternoon, the crowd watched Climber Eric balance precariously at the tip of Jerry and pull AMD from the limb that miraculously held them both. When she was lowered to the ground, PL loggers advanced toward the ancient tree. Climber Eric began cutting the top of the tree and then a majority of Jerry’s limbs.

More activists were arrested on the road for disobeying police orders, while individuals dove into the woods under Jerry’s canopy. Climber Eric continued to cut limbs from Jerry despite the knowledge that activists were beneath him. Never have I seen such determination to destroy something so beautiful as that brave tree. Away from the view of the cops, friends and I cried. For months, we have struggled to protect these few old-growth trees, creating a community of resistance to the destruction of the natural world. Now we were watching as one of our elders was being destroyed.

Friday, March 21—The Battle to Save Merize

Climber Eric came face to face with three brave forest defenders who were resolute in their commitment to keep the tree named Merize alive. Thursday’s actions had made it clear that PL, the Sheriff and Climber Eric were intent on continuing their reckless endangerment of our treesitters’ lives. Enough tears had fallen.

Stormy, Crazy Bird and Ozark were all witnesses to PL’s violence the day before, and I knew each one’s strong determination to make a stand for the trees. Three resolute treesitters was more than Climber Eric expected, and he was forced to abandon his attempted murder of Merize.

Forest defenders attempted to lockdown to Climber Eric’s truck and were violently pulled from underneath by him and one of his crew. The police made no arrests and announced that they were leaving. Without police protection, Climber Eric left Freshwater and headed to the Redwood Logging Conference where PL President Robert Manne was delivering the keynote address.

Our Nomination for Ecoterrorist of the Month

Over the weekend, forest defenders scrambled to fortify Freshwater’s 19 treesits. At the end of the first week, we’d only seen one occupied tree fall, though three others had been seriously wounded. Five treesitters had been arrested, and many more were put at risk by Climber Eric’s reckless actions. When AMD was released from jail, she told the story of how, as Jerry’s tip began to crack, Climber Eric said that if she should fall, he and his crew had already corroborated that they would testify she had committed suicide.

The fact that the destroyers of ancient redwoods already have contingency plans for their next human victims should be a wake-up call for Earth First! and other forest defenders. No amount of positive healing energy directed toward these hired murderers is going to stop them. It’s time to hold Climber Eric accountable for all the treesitters he has endangered and for the ancient trees of Freshwater, the Mattole and Gypsy Mountain whose destruction he is enabling. It is our movement’s obligation to stop him before PL’s ecologically destructive logging results in the death of another activist. Any individual who is making it possible for PL to kill old-growth forests must be a target for our movement.

Monday, March 24—Named and Shamed

On March 24, we didn’t wait for Climber Eric to show up in our forest. We went to his home, business and insurance company. We arrived at Climber Eric’s house at eight a.m. and stood at the end of his driveway. His wife came and demanded that we leave the property. We refused and she called the police. We stated that Climber Eric and PL are responsible for killing and injuring forest defenders, and that we weren’t going to allow him to kill or injure anymore. Within minutes, neighbors were coming out of their houses and six Sheriff’s patrol cars arrived, followed by Carl Anderson, head of PL security and Richard Pettis, PL’s land manager. When Climber Eric, appeared he was visibly distraught—not the confident, controlled person he is when he’s protected by his co-workers and police. He rushed up to me and demanded to know what we were doing there. I told him we knew what he said to AMD in the tree and that we weren’t going to allow him to enter any tree occupied by a forest defender. The sheriffs led red-faced Climber Eric away to be interviewed by the media that had just arrived.

Taking Out an Insurance Policy

The next stop was Climber Eric’s insurance provider, Northwest Insurance Agency. AMD, myself and videographers from the Natural Guard met with a representative and demanded accountability from the legal underwriters who allow Climber Eric to remove treesitters. The agent refused to watch a video of AMD’s eviction or to accept a formal complaint, so we announced our intention to target Northwest Insurance Agency until they cancel Climber Eric’s insurance policy.

The lives of the trees Climber Eric helps kill are worth more than our allegiance to tactics that comfort our conscience, but do little more than slow the THPs. We need to do more than simply respond at the eleventh hour, when Climber Eric arrives in the forests to evict treesitters. He is an untrained, unlicensed and contracted employee of PL, not a law enforcement officer. It’s his job to remove the people protecting old-growth trees so they can be cut down. If Schatz’s Tree Service continues to accept employment as a treesitter evictor for PL, we will continue a campaign of protests and demonstrations at his home and business.

A Canopy Perspective on a Ground War

I remember watching the swabbing of pepper spray onto the eyes of Earth First!ers by the Humboldt County Sheriff’s Department while in prison in 1998, not long before PL employees murdered our brother, David Gypsy Chain. It’s time for the direct action forest protection movement to reevaluate its tactics before another activist is killed. In the meantime, let’s use new tactics and strategies that have been proven effective in other direct action movements, especially, the “name and shame” tactic of home demos. Our tactics and strategies have become less effective, once our opponents become familiar with them, as PL has in Humboldt County.

Earth First!’s battle to protect old-growth forests needs to be about more than just building a better lockbox or a bigger slash pile. We need to recognize that we are losing. We need to remember that it’s okay to destroy big yellow machinery that is left unguarded in the places they intend to destroy. There is no greater act of nonviolence than an aggressive, nonviolent act that prevents a much worse act of violence from happening. This includes the dismantling and eradication of weapons whose sole purpose is the destruction of irreplaceable biodiversity.

Remember, we are the warriors who must put the Earth first. We are the last lines of defense for the last wild places of the US. If we back down now, there will be no one else to stop the bulldozers and chainsaws. We will be the ones left to cry when the places and animals we have fought for are destroyed. This movement is not a lifestyle. It’s not something to do before you go back to your corporate-controlled college to be trained as a cog in the wheel of the most violent society on Earth. This is a Warrior Society. By calling ourselves the uncompromising defenders of our Earth mother, we are accepting the responsibility to do more than chant, drum and direct healing energy. That’s all good stuff, but not the appropriate response from warriors empowered to protect the natural and animal world.

On Sunday, March 29, Freshwater forest defenders celebrated the one-year anniversary of Remedy’s treesit and the successful defense of Jerry, which has been reoccupied for the third time. The rain has brought a temporary, yet welcome break from PL’s terrorist attacks. Until federal and state agencies do their jobs to protect our natural heritage, the defenders of Freshwater, the Mattole and Gypsy Mountain need your help. A week of assaults has both shaken and strengthened this community. The mood is far from defeatist. Clenched fists and howls filled the air Sunday when folksinger Ethan Miller sang, “This ain’t no peace song, this is a declaration of war.” PL and Climber Eric take note.

Rod Coronado has been living in Humboldt as a ground supporter for the Freshwater and Mattole treesits. He is currently organizing a direct action campaign against Maxxam/Pacific Lumber and Eric Schatz Tree Service that will not require a nonviolence training.

Back to Summaries | Back Issues Index

Mck. Press - Is Stoen trying to intimidate the media?

McKinleyville Press Editorial - by Jack Durham

Is Stoen trying to intimidate the media?

One would assume that an attorney with decades of experience who has been in the spotlight and weathered his fair share of controversies would understand basic libel law. Or, at the very least, he would open a law book before accusing media outlets of libel.

But that doesn't appear to be the case with Assistant District Attorney Tim Stoen, who recently demanded that the Times-Standard and News Channel 3 retract what he considered libelous statements.

The problem is that the statements were not libelous. They were the truth.

As the newspaper and TV Station reported, the county investigated a sexual harassment claim made by a staff member in Stoen's office. The investigation concluded that Stoen did not violate the county's sexual harassment policy, so he was exonerated.

The false accusations were undoubtedly embarrassing for the assistant D.A., but they weren't libelous, and in the end, his name was cleared.

So why is Stoen essentially threatening media outlets with libel suits? It's unlikely that he's woefully ignorant of the law, so what other reason could he have for making such threats? Could he be trying to intimidate the media with the hopes that the reporters will shy away from making negative comments about him out of fear that lawsuits will ensue?

That may sound conspiratorial, but look at what's happening to Fortuna City Councilwoman Deborah August. The rookie councilwoman is a critic of Stoen's fraud suit against pacific Lumber Co. She even went as far as to compare the lawsuit as an attack on her community equal to the attacks of Sept. 11, 2001 - a stupid comment indeed.

However Stoen has since charged her for alleged corruption with regard to a development in Fortuna. Several of the charges against her were dropped, but some remain.

Some say that the charges are politically motivated, while Stoen maintains that he's pursuing the charges at the behest of the Humboldt County Grand Jury. the courts may ultimately determine who is right and wrong.

But, given Stoen's furor over the media's reporting of an investigation into allegations against him, why isn't he complaining about the media's coverage of as yet unproven allegations against August? After all, those allegations and the subsequent media coverage were instigated by Stoen himself. Sounds hypocritical to say the least.

Neither the Times Standard or Channel 3 have issued retractions. When the sexual harassment investigation began, Stoen proclaimed, "The truth is my friend." Should he pursue a libel suit against the media, the truth- and the law - will be his enemy.

Stoen should exercise better judgement in the future. In the meantime, he should rescind his demand for a retraction and issue a public apology for his foolishness.

Tuesday June 29th issue McKinleyville Press page 6

news@mckinleyvillepress.com

TS - County officials satisfied

County officials satisfied with outcome of Stoen probe
By James Tressler The Times-Standard

EUREKA -- Humboldt County officials on Wednesday remained tight-lipped regarding a recently concluded investigation into allegations that Assistant District Attorney Tim Stoen sexually harassed a female clerical worker in the District Attorney's Office.

A report on the investigation, which found Stoen's alleged conduct did not violate the county's sexual harassment policies, will remain under lock and key at General Services Manager Kim Kerr's office.

"The process worked," Kerr said. "We had the complaint and we followed that process."

Stoen declined to comment on the outcome of the investigation.

Details on the alleged harassment remain sketchy, with county officials reluctant to comment on the specific nature of the allegations out of sensitivity to both Stoen and the woman who made the accusation.

Kerr said every effort was made to ensure both parties got a fair hearing by bringing in an outside party to lead the probe. The investigator, who specializes in sexual harassment claims, was hired from the San Francisco Bay Area.

Kerr said that the only people who've seen the final report, which is not being released to the public, are Kerr, Personnel Director Rick Haeg and District Attorney Paul Gallegos.

Stoen has been a high-profile and controversial figure ever since Gallegos hired him after taking office in January 2003. He's the lead attorney in the district attorney's fraud lawsuit against Pacific Lumber Co., a case that became a focal point during an unsuccessful Palco-backed effort to recall Gallegos earlier this year.

Stoen's critics have assailed him for his association in the 1970s with People's Temple founder Jim Jones -- an experience Stoen has said he deeply regrets. Stoen's 6-year-old child was one of more than 900 people who died in a mass suicide organized by Jones in Guyana in 1978, after Stoen had broken from the group.

Stoen also toyed with the idea of running on the Republican ticket for U.S. Senate last December. However, after officially announcing his candidacy, Stoen changed his mind 24 hours later and abruptly dropped out of the race.

On Wednesday, Gallegos said he's satisfied with the outcome of the probe, and he remains "absolutely" confident in his assistant district attorney.

"If anything warranted going for (additional action) we would have," Gallegos said. "I look at anything like that (harassment) very seriously. And I want to make sure everything was done as fairly and impartially as we can do it. That's why we looked to get an outside investigator.

"There's work to be done in our office," Gallegos added. "Let's not isolate Tim or any of the other parties involved. All of us in the office as a group need to move forward."

Jill Geist, chairwoman of the county Board of Supervisors, said she and the other supervisors steered clear of the investigation.

"We don't get involved in those kind of things," Geist said. "Paul is an elected official. Any kind of administrative or management issues are for him to deal with. It doesn't come into our purview."

TS - Stoen demands retractions

Stoen demands retractions from T-S, Channel 3
By James Tressler The Times-Standard

EUREKA -- Humboldt County Assistant District Attorney Tim Stoen wants the Times-Standard and a local TV station to retract what he calls libelous statements made in covering a county investigation into sexual harassment claims made against Stoen by a staff member in his office.

The county's investigation, wrapped up this week, exonerated Stoen. The investigation concluded with county officials indicating Stoen had not violated the county's sexual harassment policy, and the county will seek no further action.

Stoen, who proclaimed "The truth is my friend" when word of the probe became public in late May, began demanding the retractions from the Times-Standard and KIEM News Channel 3 even before the investigation wrapped up this week.

He declined to comment for this story.

The assistant district attorney on Tuesday dropped off notices at both media organizations, demanding the organizations retract and correct several statements he claims are "false" and "defamatory."

Stoen maintained the newspaper had no evidence that he had made inappropriate comments to women.

The Times-Standard stands by its stories, which did not include any claim that the allegations under investigation were true, but instead reported on the existence of the investigation.

News Channel 3 reporter Stephanie Jamnetski, who covered the investigation, indicated Wednesday the TV station also will not make any retractions or corrections.

District Attorney Paul Gallegos this week said while he's not happy the investigation became a "public spectacle," he's not personally involved with Stoen's demands.

"The biggest tragedy in the whole thing is that it became such a public spectacle, that the rights of all the people involved sort of got stepped on," Gallegos said.

Gallegos said he doesn't necessarily blame the media, but the people who initially leaked word of the investigation. The Times-Standard agreed to protect the identities of the sources who spoke on condition of anonymity.

"Whoever sought to make it a public thing -- they create a disincentive for other people to come forward," Gallegos said.

The district attorney said if Stoen wants to seek retractions from the local media, that's his right, but Gallegos says he's staying out of it.

"Tim's decisions were voluntary," Gallegos said. "That's not him as an agent of the office. I'm not even in the loop on that. ... Tim certainly, as a citizen, has certain rights and I have to respect those rights whether I agree with them or not just like I do every person in the office."

Whether Stoen will pursue the matter into the courts remains unclear.

Jim Ewert, staff attorney for the California Newspaper Publishers Association, said Stoen would have a difficult time succeeding in a libel suit, particularly since past court rulings have established a tougher libel standard for public figures than for the average citizen. In addition to having to prove the information published by local media was false, Stoen would also have to prove the local media either knew the information was false or acted with "reckless disregard" for the truth.

Ewert said the fact that county officials confirmed an investigation was done means there was at least one sexual harassment claim made against Stoen, making it difficult for him to claim the media's coverage was libelous.

Ewert said if the matter did go to court, the local media, as defendants in a libel suit, would likely get access to the county's report.

"Stoen doesn't want that," Ewert said. "It would just get worse because essentially the story would happen all over again, just in more detail."

Stoen's attorney, Timothy Needham, provided a statement to the Times-Standard Wednesday afternoon.

"Mr. Stoen recognizes that, because he handles high profile cases, he may be the target of unwarranted accusations," the statement read. "He has indicated his hope that, before the media publishes such accusations in the future, they would await an investigation into those accusations rather than rely on 'anonymous sources.'"

Stoen in private and public practice

Stoen was only hired back to Mendo in August of 2000 to head the family support division.
Prior to that he was filing court matters that said he was practicing in Colorado.

It appears that he argued a private lawsuit while he was publicly employed by Mendocino County, indicating that he was in private practice in Colorado:

(Note - Kersti Buchanan is Stoen's wife)

1.

50 Fed. Appx. 343, *; 2002 U.S. App. LEXIS 22613, **

KERSTI EMELIE BUCHANAN, Plaintiff-Appellant, v. THE COUNTY OF HUMBOLDT; MYRNA CORDER, Defendants-Appellees.

No. 99-16433

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

50 Fed. Appx. 343; 2002 U.S. App. LEXIS 22613

October 11, 2002, Argued and Submitted, San Francisco, California  
October 29, 2002, Filed

NOTICE:  [**1] RULES OF THE NINTH CIRCUIT COURT OF APPEALS MAY LIMIT CITATION TO UNPUBLISHED OPINIONS. PLEASE REFER TO THE RULES OF THE UNITED STATES COURT OF APPEALS FOR THIS CIRCUIT.

PRIOR HISTORY: Appeal from the United States District Court for the Northern District of California. D.C. No. CV-97-03093-MJJ(JL). Martin J. Jenkins, District Judge, Presiding.

Buchanan v. Humboldt County, 1999 U.S. Dist. LEXIS 8326 (N.D. Cal. May 27, 1999).

DISPOSITION: AFFIRMED.
CASE SUMMARY

PROCEDURAL POSTURE: Plaintiff county employee sued defendant employers, the county and her supervisor, under 42 U.S.C.S. § 1983, for injuries she received at the hands of a child housed in the temporary shelter at which she worked. The United States District Court for the Northern District of California granted summary judgment in favor of the employers. The employee appealed.

OVERVIEW: The employee claimed her injury fell within the danger-creation exception to the general rule against municipal liability for 42 U.S.C.S. § 1983 claims. The argument failed since the county did not create the danger of the child's violence and the employee was not misled about any risks the child presented, as she was both involved in his intake and trained on handling violent episodes. The employee also argued the act of admitting a dangerous child directly caused her injury, but § 1983 liability only attached for a single act if she showed fault and causation. She did not: the facially valid admission followed procedure and involved thorough evaluations, and the child behaved appropriately for several days before the incident, extinguishing any possibility the danger was caused by, was a foreseeable result of, admission. The county did not cause the assault, and the extensive training it provided belied deliberate indifference. Any failure to supervise at most rose to the level of negligence, removing it from the realm of a constitutional violation. The claim against her supervisor failed as it was based on inaction.

OUTCOME: Because the employee failed to show the county or her supervisor's actions resulted in a constitutional injury, the district court's judgment was affirmed.

CORE TERMS: deliberate indifference, municipal, attach, failure to supervise, undisputed facts, municipality's, supervisor, workplace, inaction

COUNSEL: For KERSTI EMELIE BUCHANAN, Plaintiff-Appellant: Timothy O. Stoen, Esq., LAW OFFICE OF TIMOTHY O. STOEN, Ukiah, CA.

For THE COUNTY OF HUMBOLDT, MYRNA CORDER, Defendants-Appellees: John M. Vrieze, Esq., MITCHELL BRISSO DELANEY & VRIEZE, Eureka, CA.

Ukiah Daily Journal - portion of article

Front page portion of article is missing, but appears to be about Denny's battle with the Temple. He apparently would not allow kids to be placed with the Temple.

page 2 Ukiah Daily Journal, Ukiah, Calif, Friday March 9, 1979

Temple
Cont from page 1


Said Denny, "We do not believe that any children were placed from this county in (Temple) foster homes here. But we're waiting to substantiate that. Our best evidence over the last two years is zero."

A "few" children placed here by other counties, he added, may have died in Jonestown.

Denny said his department didn't place children in temple foster homes because it believed they would not have "freedom of choice" in "religious training."

"We can't even count on one hand - over ten years - where we placed a kid in one of these licensed homes of theirs," said the welfare director. "Maybe we might have put one in for a day or two until we could find a place - because we had to put a kid where there was a bed - but we here didn't place them."

Asked what the department's policy was, Denny replied, "I'm saying our referral procedure was never to use any of their homes."

Because the department kept a close watch on foster children placed in homes it licensed temple members increasingly opted for legal guardianship, a tactic which removed them from social services jurisdiction.  (Meaning the county welfare dept. was circumvented & the kids became wards of the state thereby eliminating local scrutiny.)

Denny said temple members became legal guardians to 25 children in Mendocino, San Francisco, Alameda, Contra Costa and Los Angeles Counties.

Four of the seven children in Mendocino County guardianships died at Jonestown, according to Denny, who said three children from Bay Area guardianships also died there.

Dewy said the four dead youngsters from local guardianships did not come from here originally, but just where they came from remains a mystery.

He would not release the names of children involved in temple guardianships, saying they were confidential on orders from Mendocino County District Attorney Joe Allen and the U.S. General Accounting Office, which is investigating foster child placement and the temple.

Former Mendocino County Assistant District Attorney Tim Stoen said temple attorney Eugene Chaikin did the legal work for temple guardianships in Mendocino County, according to Denny, who mentioned but didn't reveal "documentation" supporting his assertion.

Denny also said Jones brought or had placed here approximately 150 foster children who were "in and out" of licensed and unlicensed homes between 1966 and 1977?

More than 100? of the imported youngsters were from the Bay Area and Los Angeles, living illegally with temple families not licensed to have them, alleged Denny who recalled, "We then were asking those jurisdictions in the Bay Area what was going on and why they were placing those kids here without our authority."

When social services discovered children in unlicensed temple homes, it forced Jones to send them back to where they had come from, he said.

Denny declined to name Bay Area probation officers and social workers who were sending foster youngsters to licensed or unlicensed temple homes here.

Although People's Temple didn't include child abuse in the repertoire of twisted behavior that led to Jones town, some of its members allegedly practiced it at home in ways ranging from beatings to sexual molestation, according to the social services director.

Denny, who could not "hazard a guess" as to the total number of Child Protective Service cases involving temple adults, said that in five of the cases, Jones or his aides intervened on behalf of the accused and hired the "best" attorneys for them.

The cases are not public record, said Dewey, declining to name the "best" attorneys.

Nevertheless, parents who were temple members committed no more child abuse than members of any other...

article clipping ends there
continues...

...religious group, said Denny whose department monitored the temple very closely for violations against children.

Neither informants nor anyone else, said Denny, reported child abuse or batterings at temple meetings. "We never," he said. "went to the temple and saw a kid that had been beaten in the temple - never happened, never happened."

Relying on reports from ex-members and informants, Denny said that what took place at the temple was "at least" paddling and usually the paddling of adults.

Even though social services didn't make life easy for Jones in Mendocino County, Denny said Jones left the area mostly because of the income, power and ego, rewards big cities offered.

"I think he had to broaden his base, he had to get to San Francisco, and set up a base there where he could control the political environment..."

"I don't think he did that up here, I didn't see it then, and I'm not seeing it in retrospect now."

According to Denny, controlling the political environment largely manipulating politicians by showing an ability to produce =votes for or against them, and "in the arena down south that's an acceptable practice."

Outside Tim Stoen, Denny didn't think Jones controlled powerful people in Mendocino County, nor did Denny have any evidence to show Jones controlled public agencies like the Ukiah Police Department or the Mendocino County Sheriff's Office.

Were Denny's efforts to stop Jones from breaking welfare law in Mendocino a success?

"He survived," said Denny, "I'm questioning the success. You can always do better. We did as good a job as we could at the time - I'm convinced of that, yes."

Life seems quaint now at the Mendocino County Social Services Department.

Welfare applicants sit in a tiny waiting area with a soda machine.

Venetian blinds cleave the sunlight of a winter afternoon.

Behind a tall partition shutting out the waiting area, department staffers go about their well-oiled business in the systems and procedures labyrinth.

Dennis Denny is working another endless day.

He has a lot to do this month, sending the Mendocino County Grand Jury information about the man who again permeates his life, about the war that was hot and cold, the success of internal security, the way he could admire Jones' charisma and detest his duplicity.

Denny may one day testify before the grand jurors, who no doubt will listen to his story of his war against apocalypse with a measure of awe, humility and gratitude - and perhaps with some perplexity over what measures government should take to curb a religion's abuse of freedom.

NCJ - The more things change...

The more things change...
PL and EPIC at odds again

by KEITH EASTHOUSE

Déjà vu.

Some might have had that sensation when news broke last week that the Garberville-based Environmental Protection Information Center had uncovered evidence that the Pacific Lumber Co. was logging illegally.

According to an eight-page report by the group titled "Setting the Record Straight," the company has been slapped with 325 violations since it signed the Headwaters agreement in 1999. About 75 percent of the violations were for the illegal cutting of trees -- some of them old growth giants -- in streamside areas. The remainder had to do with cutting in areas that had been set aside for the marbled murrelet and the northern spotted owl, both protected species.

Most of the noncompliance notices -- 227 -- were issued by the California Department of Fish and Game for failing to comply with provisions of the document that forms the cornerstone of the agreement: the habitat conservation plan, which is supposed to govern logging on the company's 211,000 acres for the next 45 years. The remaining 98 violations were issued by the California Department of Forestry for breaking state forest practice rules.

PL's chief scientist, Jeff Barrett, in a written statement Tuesday, accused EPIC of deliberately distorting the facts. He said that the violations of the conservation plan are actually "noncompliance reports [that] are most often errors with little or no environmental effect." He compared them to actual breaches of state forestry rules, which he said the company considers "significant because they usually involve some impact on the environment."

The familiarity of the situation stems from the fact that, generally speaking, this has all happened before, or something like it. In 1998, the forestry department pulled Palco's timber license after the company had racked up hundreds of violations of state logging regulations from 1994 to 1997. Those violations were not brought to the public's attention by the agency, often criticized for favoring timber interests. Instead, environmentalists uncovered them.

"Once again, it's falling on the shoulders of EPIC to uncover this information and press for action," program director Cynthia Elkins said in a telephone interview last week.

Of course, it's the media's job to reveal such matters, so there has evidently been a lack of aggressiveness on the part of the local press the Journal included. More troubling, perhaps, is Fish and Game's silence on the matter. Even as the number of violations of the conservation plan piled up 82 in 2001, 79 in 2002, 116 last year, according to the EPIC report -- the department apparently did nothing to notify the public. In fact, while it periodically issued press releases about a host of comparatively minor matters -- like penalizing duck hunters -- Fish and Game was publicly giving the impression that Palco was adhering to the conservation plan.

"We think Pacific Lumber is dealing in best faith to comply" with the habitat conservation plan, Michael Valentine, general counsel for Fish and Game, told the San Francisco Chronicle in an article that appeared last year. In that same article, a forestry department spokesman was quoted as saying that Palco's compliance with the conservation plan was improving over time. The reality, it now appears, was just the opposite.

Bill Condon, a senior environmental scientist with Fish and Game, confirmed the number of violations in an interview with the Times-Standard last week. He said that not all of them were serious, but that some were -- including two incidents in which Palco was fined $100,000 for logging trees in restricted areas. Condon could not be reached for comment by the Journal.

Elkins said imposing penalties after the fact is not enough; regulators need to head off violations before they occur.

"The agencies' lack of actions to prevent further violations and damage is just as disturbing as PL's egregious violations," Elkins said.

Forestry department deputy chief John Marshall said Tuesday that most of the state forest practice rules violations were relatively minor "paperwork" violations. He said that since the signing of the Headwaters deal, CDF had imposed financial penalties of "several thousand dollars apiece for two or three violations [for] harvesting in areas where harvesting was not supposed to occur."

Under the terms of the Headwaters agreement, CDF can levy financial penalties of up to $10,000 per day for each violation. Elkins said that the forestry department should be treating some of the violations of the conservation plan as also being violations of state regulations.

For months now PL has conducted a seemingly expensive television and print advertising campaign touting its environmental achievements.

In the view of Elkins -- and others -- the EPIC report completely undermines that effort.

"PL believes that if they tell the big lie often enough, people will start to believe it," Elkins said. "But that theory is running up against another maxim -- you can't fool all of the people all of the time."

Someone else, someone with plenty of hands-on experience trying to regulate the company's logging operations who asked to remain unidentified, put it more succinctly.

"I think their PR campaign is total bullshit."

NCJ - Stoen/sexual harassment

Stoen has no history of
sexual harassment, bosses say
Gallegos and Vroman not aware of any complaints
by EMILY GURNON

Assistant District Attorney Tim Stoen's current and former bosses both said Tuesday that he has no history of sexual harassment complaints against him.

When asked if he had ever heard of other individuals expressing such concerns, either in Stoen's current or former jobs, District Attorney Paul Gallegos said, "Absolutely not."

Mendocino County DA Norm Vroman served as Stoen's supervisor for "two or three years" and said he's known him for 25 years.

"Tim Stoen doesn't possess the type of personality that would do something like that," Vroman said. "He's a very thoughtful, caring person, and I've never known him to be uncircumspect in his comments to either males or females. But when you're in a public office, you're fair game for everyone."

Stoen, 66, is reportedly under investigation following a sexual harassment complaint by a woman in the DA's office.

Stoen found out May 18 that an unnamed person in the office had made "unspecified charges" against him, he said Monday in a written statement to the press.

A May 28 article in the Times-Standard quoted Supervisor Jill Geist as saying that Stoen was being investigated and that he was on leave from his job.

"I have never been on leave. I have never been asked to be on leave," Stoen said in his statement. He also said that there is no truth to the allegations.

He said that the county's personnel director "suggested to me that it might be `in your own interest' not to work inside the office for a few days `to avoid being set up.'

"Although I had to continue working in the office to have access to files, I chose to do as much work as possible at home as a matter of prudence. It was totally my choice," Stoen wrote.

Geist said Tuesday, "If I used the wrong term, my apologies. My understanding was that he was not in the office."

Stoen also excoriated the Times-Standard for printing further details from unnamed sources.

"You have no right to defame people through anonymous sources," he said.

Gallegos said Tuesday that he could "neither confirm nor deny" the existence of an investigation, but he confirmed that Stoen is not on leave.

In general, Gallegos said, his policy is to take any allegation seriously. "If concerns are expressed to us, then we feel it warrants attention." County policy provides for the Board of Supervisors to handle any investigation, but the DA's preference is to have a "neutral outsider" do the inquiry, Gallegos said.

At the same time, he said, the existence of an investigation "is not necessarily an indication of any sort of grievous conduct on anyone's part."

In recent e-mails to the Journal, Stoen's supporters have suggested that the charge against him is suspicious for its proximity to the failure of the DA recall attempt and the failure of the effort by Pacific Lumber Co. to have the DA's fraud case against the company thrown out of court. The assistant DA is the chief litigator on the Pacific Lumber case.

Stoen himself, who declined to talk to the Journal on Tuesday, alluded to the suspicions in his written statement.

" the possibility of a set-up is hardly far fetched," he wrote. He said that Geist was quoted as saying that a supervisor had initiated the investigation. "One wonders who that might be."

Gallegos "loses" Nandor Vadas

In this article about budget cuts and layoffs, Gallegos claims that he let Nandor Vadas go because he LOST the Domestic Violence Grant. Earlier he claimed he fired Gloria Albin-Sheets because he lost the Domestic Violence Grant. And Gloria was named on the Grant as THE Vertical Prosecutor for DV, as was Nandor Vadas in her wake. But the DA's Office is still receiving the Grant, and several names have been put on the application claiming they were the Vertical Prosecutor, in order to appear to be complying with the requirements of the Grant.

It's fair to say that there has been no Vertical Prosecution in the DA's Office since Nandor left.

But the Grant has not been lost.
***

Feeling the pinch
14 county workers lose jobs as supes pass 2004-05 budget
by HANK SIMS

Fourteen county employees will lose their jobs, a wide variety of services to the public will be scaled back and the salaries of many public servants will be cut in the upcoming fiscal year under the budget passed unanimously by the Board of Supervisors on Tuesday.

In addition, the county will spend nearly its entire savings nearly $2.4 million and will leave more than 200 vacant positions unfilled in order to keep the county afloat during the statewide budget crisis.

"These are essential positions that are going away, and services are going to be less for all of us," said Supervisor Jimmy Smith.

The cuts affect nearly every county department, but certain high-profile services such as those provided by the Sheriff's Office, the county library and the Public Works Department are particularly hard hit.

The Sheriff's Office will lay off eight people, including one sergeant, an evidence technician and four secretaries. In addition, the office will have to leave seven deputy and two investigator positions unfilled, and will close its main office in Eureka to walk-in business on Fridays.

The county library will reduce its open hours at each of its branches by between 10 and 20 percent and will close down entirely for one week every three months. The Public Works Department will hold off on much of its standard upkeep work on county roads, focusing its effort only on the county's "critical routes."

The District Attorney's Office laid off a senior prosecutor, Nandor Vadas, last month because a domestic violence grant ran out, DA Paul Gallegos said. Vadas got a job with the federal magistrate's office, Gallegos said.

Other departments have devised different strategies for coping with the loss of funding. Employees of several including the Assessor's Office, the County Administrative Office and the Board of Supervisors itself have accepted voluntary, across-the-board pay cuts of 5 to 10 percent. District Attorney Paul Gallegos and Assistant DA Tim Stoen each took a 10 percent cut.

In a report to the board, County Administrative Officer Loretta Nickolaus laid out the causes of the budget crisis. The cost of providing health insurance to county employees is expected to increase by 10 percent in the upcoming year, and an increased share of payments into the Public Employee Retirement System (PERS) will cost around $2.3 million.

In addition, Gov. Arnold Schwarzenegger's proposed state budget involves taking some $2.5 million in property taxes from the county as part of a maneuver to balance the state's budget. Nickolaus told the board that Schwarzenegger was in the process of revising the proposal, which may result in the tax money being returned to the county.

After several weeks of special sessions to allow for input from heads of county departments and members of the public, the board was able to finalize the budget relatively quickly on Tuesday. Supervisors asked for only one change from Nickolaus' final recommendations to find $10,000 to support the Youth Service Bureau's teen shelter programs for at-risk youth. The $10,000 would keep the programs alive while the bureau pursues a $100,000 federal grant.

Supervisor Bonnie Neely, who has been working with the bureau and the county's Department of Health and Human Services to find other sources of funding for the programs, spoke in favor of the expenditure.

"I think it would be a mistake to lose $100,000 coming into the county because we didn't put forward the $10,000," she said.

Because of a legal technicality the board could not authorize the $10,000 grant at Tuesday's meeting, but a "straw vote" showed unanimous support for the proposal.

Supervisor Jill Geist thanked managers of the county's various departments for leading the way. Earlier in the year, each department was asked to provide a statement showing how it would cut 20 percent from its budget. Those statements formed the basis of the total countywide budget adopted on Tuesday.

"The departments have worked phenomenally to bring back budgets that they can work under and still provide basic services to the community," she said.

For many, the fact that only 14 employees had to be laid off out of a current workforce total of more than 1,650 was a tribute to the county's fiscal responsibility. The county instituted a hiring freeze more than two years ago, with the result that when the crisis hit, empty positions could be cut instead of actual employees.

After the meeting, Public Works Director Allen Campbell said that this approach led to a more painless downsizing than otherwise would have been the case.

"We quit hiring people two years ago, unless it was absolutely necessary," he said. "Through attrition, we're just kind of going down with the budget."

CAST Response/Grand Jury Report

Not easy to follow. Link to County Site and files included here.
Grand Jury Report #2005-LJ-01

A Review of the Humboldt County Child Abuse Services Team
EXECUTIVE SUMMARY:

A child who may have been sexually molested or physically abused may be seen by the Child Abuse
Services Team (CAST). Team members, who are from the District Attorney’s office, law enforcement,
and social service agencies, observe from behind one-way glass as a trained interviewer talks with the
child. Team members can tell the interviewer to ask particular questions through an ear microphone. The
child, whose answers are video- and audio-taped, sees only the interviewer in a bright room filled with
toys. Everyone agrees that CAST is valuable in increasing successful prosecution of child abusers,
reducing trauma to abused children, and helping support families. Money is available for CAST.

However, the program is faltering. Fewer cases are referred to CAST by law enforcement. The District
Attorney has diminished CAST’s effectiveness by failing to attend Governing Board meetings, failing to
send Deputy District Attorneys to child interviews, and reducing staff.

The Grand Jury recommends that the District Attorney make CAST a priority by attending the Governing
Board meetings, appointing a Deputy District Attorney to the leadership position, and restoring staff
levels to ensure that a qualified Deputy District Attorney is present at all child interviews. The Grand
Jury also recommends that law enforcement agencies provide training in CAST procedures to new hires
with regular “refreshers” to long-term employees.

WHO SHALL RESPOND:
�� The District Attorney shall respond to Findings 1, 2, and 3 and Recommendations 1a, 1b, 2,
and 3
�� The CAST Governing Board shall respond to Finding 1 and Recommendations 1a and 1b
�� The Department of Health & Human Services shall respond to Finding and
Recommendation 3
�� Humboldt County Sheriff shall respond to Finding and Recommendation 4
�� Arcata Police Department shall respond to Finding and Recommendation 4
�� Arcata City Council shall respond to Finding and Recommendation 4
�� Blue Lake Police Department shall respond to Finding and Recommendation 4
�� Blue Lake City Council shall respond to Finding and Recommendation 4
�� Eureka Police Department shall respond to Finding and Recommendation 4
�� Eureka City Council shall respond to Finding and Recommendation 4
�� Ferndale Police Department shall respond to Finding and Recommendation 4
�� Ferndale City Council shall respond to Finding and Recommendation 4
�� Fortuna Police Department shall respond to Finding and Recommendation 4
�� Fortuna City Council shall respond to Finding and Recommendation 4
�� Hoopa Tribal Police Department shall respond to Finding and Recommendation 4
�� Hoopa Tribal Council shall respond to Finding and Recommendation 4
�� Rio Dell Police Department shall respond to Finding and Recommendation 4
�� Rio Dell City Council shall respond to Finding and Recommendation 4
�� Trinidad Police Department shall respond to Finding and Recommendation 4
�� Trinidad City Council shall respond to Finding and Recommendation 4
Findings and Recommendations

Finding 1: There is a consensus within the CAST organization, augmented by a recommendation of the
National Children’s Alliance, that a leadership person is needed to coordinate and make decisions about
CAST with recommendations from the Executive, Governing, and Advisory Boards.

Response from District Attorney: See Attachment 10.
Attachment 1 16
Response from CAST Governing Board: The respondent agrees with the finding. See also
Attachment 6.
Recommendation 1a: The Grand Jury recommends that the Cast Boards create a leadership position.
Response from District Attorney: See Attachment 10.
Response from CAST Governing Board: The recommendation has not yet been implemented,
but will be implemented by 1/1/06. The Executive Committee has met and will be amending the
CAST MOU to be inclusive of a CAST Director position that will report to the Executive
Committee. See also Attachment 6.
Recommendation 1b: The Grand Jury recommends that a Deputy District Attorney with experience in
and a commitment to CAST fill the leadership position.
Response from District Attorney: See Attachment 10.
Response from CAST Governing Board: The recommendation has not yet been implemented,
but will be implemented by 1/1/06. The Executive Committee of CAST agrees that the ideal
candidate should be an experienced Deputy District Attorney. The District Attorney has
indicated his office has been developing this option for a considerable period of time preceding
the Grand Jury’s recommendation; the position has been designated and he will assign such staff
as soon as possible. See also Attachment 6.
Finding 2: Members of the CAST organization have identified a need for two Deputy District Attorneys
and a Senior Legal Office Assistant. Current funding provides for these positions and is incorporated in
the guidelines for CAST.
Response from District Attorney: See Attachment 10.
Recommendation 2: The Grand Jury recommends that two Deputy District Attorneys and a Senior Legal
Office Assistant be assigned or hired and that CAST cases be the priority caseload for the attorneys
assigned to CAST.
Response from District Attorney: See Attachment 10.
Finding 3: There is no Memorandum of Understanding (MOU) for funding or time –tracking between the
District Attorney’s Office and DHHS for CAST.
Response from District Attorney: See Attachment 10.
Response from Department of Health & Human Services: The respondent agrees with the
finding. See also Attachment 7.
Recommendation 3: The Grand Jury recommends that the District Attorney’s Office and DHHS arrive at
a MOU for funding CAST. This MOU must include a method of tracking of CAST cases so that the DA’s
Office can properly bill DHHS for the costs of staffing CAST. A simple time study format - already a
standard practice of DHHS - could provide this information.
Response from District Attorney: See Attachment 10.
Response from Department of Health & Human Services: The recommendation has not yet
been implemented. Prior to receipt of the 2004-05 Grand Jury Report, DHHS had initiated the
development of a MOU with the District Attorney’s Office detailing the terms of DHHS funding
of the CAST program. Initial work on the agreement began in April 2005. DHHS intends to
appear before the Humboldt County Board of Supervisors by October 20, 2005, with a final
document.
The MOU will provide for a continuity of understanding in relation to the terms and conditions of
DHHS financial support for CAST and specifies that quarterly invoices be presented by the DA
to DHHS. See also Attachment 7.
Attachment 1 17
Finding 4: Law Enforcement officials cited the need for continuing and timely training in forensic
interviewing of child abuse victims by the Child Forensic interview specialist assigned to CAST.
Furthermore, law enforcement agencies prefer to assign a trained and experienced officer to investigate
child abuse cases and participate in CAST.
Response from Sheriff: See Attachment 9.
Response from City of Arcata: See Attachment 19.
Response from City of Blue Lake: See Attachment 20.
Response from City of Eureka: See Attachment 21.
Response from City of Ferndale: See Attachment 22.
Response from City of Fortuna: See Attachment 23.
Response from Hoopa Tribe: See Attachment 24.
Response from City of Rio Dell: See Attachment 11.
Response from City of Trinidad: See Attachment 25.
Recommendation 4: The Grand Jury recommends that training occur at least yearly and more often as
needed for new officers, and that a trained and experienced officer from each law enforcement agency be
assigned to child abuse cases.
Response from Sheriff: See Attachment 9.
Response from City of Arcata: See Attachment 19.
Response from City of Blue Lake: See Attachment 20.
Response from City of Eureka: See Attachment 21.
Response from City of Ferndale: See Attachment 22.
Response from City of Fortuna: See Attachment 23.
Response from Hoopa Tribe: See Attachment 24.
Response from City of Rio Dell: See Attachment 11.
Response from City of Trinidad: See Attachment 25.
Attachment 1 18

###
2005-LJ-01 CHILD ABUSE SERVICES TEAM
FINDING NO. 4:
Law Enforcement officials cited the need for continuing and timely training in forensic
interviewing of child abuse victims by the Child Forensic Interview Specialist assigned to
CAST. Furthermore, law enforcement agencies prefer to assign a trained and
experienced officer to investigate child abuse cases and participate in CAST.
SHERIFF'S RESPONSE TO 2005-LJ-01 FINDING NO. 4:
Agree
RECOMMENDATION NO. 4:
The Grand Jury recommends that training occur at least yearly and more often as
needed for new officers, and that a trained and experienced officer from each law
enforcement agency be assigned to child abuse cases.
SHERIFF'S RESPONSE TO 2005-LJ-01 RECOMMENDATION NO. 4:
The recommendation has been implemented. The Sheriff’s Office has, for over fifteen
years, assigned a child abuse investigator position to our Criminal Investigations
Division to work with and as our liaison to CAST. The deputy assigned to this position
receives advanced training in the investigation of child abuse cases.
Respectfully submitted,
GARY PHILP, Sheriff
Humboldt County
GP:crm
Attachment 9 40

ER - Shots fired

Shots fired at Sheriff's deputy during pursuit of two subjects
12/23/2006

Two men are still at large after an unknown subject fired shots early Friday morning in the direction of a Humboldt County Sheriff’s deputy following a brief pursuit on Harrison Avenue in Eureka.

The shooting occurred around 3:38 a.m., after two deputies observed a “suspicious blue car” near the intersection of Harris Street and Harrison Avenue, according to a news release issued by the Humboldt County Sheriff’s Office.

After a brief pursuit and a failed attempt to pull over the vehicle, the subjects left the car in a parking lot and ran. As the passenger exited the vehicle, he fired shots in the direction of one of the deputies before escaping on foot.

The release stated that the blue 1992 Pontiac Sunbird involved in the incident closely matched the description of a vehicle reportedly involved in an armed robbery at a market near Harris and K streets Tuesday evening.

In that incident, according to the Eureka Police Department, a witness heard two distinct “pops,” which were believed to be gunshots fired from the vehicle as it fled the scene. EPD officials believed that robbery may, in turn, have been related to a Tuesday morning armed robbery of a gas station on Broadway, along with a recent robbery of an Arcata gas station.

When deputies Friday began to follow the subjects, the vehicle “immediately began to take evasive maneuvers in an attempt to evade the following deputies,” the release stated.

Deputies lost sight of the vehicle near St. Joseph Hospital, but located it again as it pulled back onto Harrison near the old General Hospital Annex.

The car sped up and continued to evade a deputy after he attempted to pull the vehicle over for minor traffic violations. The vehicle failed to yield and continued behind the General Hospital Annex. The vehicle turned into a parking area in the 2300 block of Harrison before proceeding east toward Togo Street.

As the vehicle approached the east end of the parking area, it jumped a small landscaping curb and came to a stop. The driver, described only as a male adult wearing a tan coat, exited the vehicle and ran west on Togo Street. The passenger, described by Sheriff’s officials as a male adult wearing a gray sweatshirt, exited the passenger side and “fired several shots in the direction of the pursuing deputy who had pulled in behind the suspect’s car.”

The passenger then ran east on Togo Street armed with an unknown type of handgun.

The deputy was not injured in the incident and stood by for additional units before searching the area for the subjects.

Additional units from the Sheriff’s Office and the EPD responded to assist in the search. “No suspects have been located at this time,” the release stated. Investigators and evidence technicians from the Sheriff’s Office responded to the scene and are conducting a full investigation at this time.

Anyone with information about the vehicle or suspects are urged to phone Humboldt County Sheriff Detective Sgt. Wayne Hanson at 707-445-7301.

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

ER - Honda's toxicology reports in

Honda's toxicology reports in
by Heather Muller , 12/23/2006

The Humboldt County Coroner’s Office confirmed Friday that Jonni Honda, the 51-year-old Trinity County fugitive who held police in a three-day standoff at a Eureka motel, had a potentially lethal dose of methamphetamine in his system Dec. 8 when he was shot and killed by officers of the Eureka Police Department.

Deputy Coroner Charlie VanBuskirk said toxicology reports showed Honda’s blood post mortem contained 0.94 milligrams of methamphetamine per liter.

“It’s potentially toxic at 0.2 to 5.0 (mg/L),” VanBuskirk said. “The effective levels are much lower than that, effective being where you get the desired effect without the side effects.”

Tests also showed potentially toxic levels of amphetamine — 0.42 mg/L, VanBuskirk said, adding that .2 mg/L would be potentially toxic.

He clarified, however, that methamphetamine converts to amphetamine in the body, and said he believed it was possible that only methamphetamine had been ingested.

While VanBuskirk wouldn’t speculate about Honda’s method of ingestion — “You get different levels whether you inject it or snort it or whatever,” he said — he did say that he believed the tests indicated Honda was taking methamphetamine during the standoff.

“It appears he was using meth during the time he was secured in the motel room,” he said.

Honda was the second person in less than two months killed by the EPD, with both decedents subsequently testing positive for methamphetamine.

Christopher Burgess, 16, was shot and killed Oct. 23 while reportedly brandishing a knife after fleeing from probation officers. Post mortem toxicology screenings showed Burgess’ blood contained .08 mg/L of methamphetamine.

EPD interim Police Chief Murl Harpham said officers at the motel standoff had been told Honda might be using methamphetamine, and they responded accordingly.

“At the time it was discussed as a possibility because it was indicated to us by people with him that he was using speed.”

And, Harpham said, Honda’s behavior was another indicator.

“He was up awake pretty much the whole time, the whole 33 hours, whereas all of us got relieved and got some sleep. That’s kind of typical of people who are speeding to stay awake for long hours, and his other actions indicated there was more involved there.”

Harpham said he believed Honda “used up everything he had in the room before he came out.”

He added that methamphetamine “played a tremendous role” in both the Honda and Burgess incidents.

“It plays a tremendous role in our entire community,” he said, blaming its prevalence in part on the number of social services available to Eureka’s transient population.

The services exist to meet the real needs of drug users, he said, but they also attract more drug users — and therefore more drugs — to the area.

“I was asked why people were camping on the Balloon Track, and it was an easy answer. Look where the Balloon Track is in relation to all the services these people can get — free meals, new needles, mental health services, AIDs testing. And there’s the drugs right there, too, all within a few blocks of where they’re camping,” he said.

“We’re enabling the situation we have in this town by all the services we provide. Some of these people are greatly in need, but a lot of them are there by choice, particularly the ones who are on drugs.

“It’s really sad,” he continued. “They all need help, but they’re getting the wrong kind of help. We’re part of the problem because we’re allowing it to continue.”

VanBuskirk said Honda tested negative for alcohol. A marijuana test is pending, with results expected late next week.

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

ER - Supervisors ask state for second look at bay contamination listing

Supervisors ask state for second look at bay contamination listing
by Nathan Rushton, 12/5/2006

The Humboldt County Board of Supervisors voted unanimously Tuesday to send a letter to the state’s top water resources agency asking it to suspend its recent action listing of Humboldt Bay as impaired for dioxin.

The State Water Resources Control Board voted in late October to list Humboldt Bay as impaired for dioxin contamination under section 303(d) of the federal Clean Water Act.

The action was a result of information provided by the bay advocacy group Humboldt Baykeeper, which submitted a petition and testing information earlier this year urging the board to recognize the dioxin problem in the bay.

Citing a faulty public input process that surprised the agencies most involved with bay issues, the supervisors, backed by department staff and numerous environmental scientists, said they want an in-depth analysis of all the available data.

Fifth District Supervisor Jill Geist said the State Water Board appeared to have sidestepped its usual rigorous, transparent and objective process in making its decision.

David Hull, chief executive officer for the Humboldt Bay Harbor, Recreation and Conservation District, said the district received no indication of the State Water Board’s pending action.

“This seems to be a very faulty public process the State Board used,” Hull said. “That’s not to say that there aren’t some water quality issues in the bay — there are.”

Arcata City Councilmember Mark Wheetley, who echoed Hull’s concerns, said the Arcata council would be considering a similar letter at its meeting tonight.

“We support a much more rigorous review of the scientific information that’s been made available,” Wheetley said. “In this case, I don’t think it was applied to that standard.”

Fred Evenson, an Ecological Rights Foundation lawyer and Humboldt Baykeeper volunteer, told the supervisors that if they send anything to the State Water Board, it should be a “thank you” letter.

Evenson said the dioxin poses a serious public health risk and the listing by the state is an indication it was “stepping up to the plate” and was taking the problem seriously.

Along with the listing comes financial help to begin the process of assessing the scope of the problem, which Evenson said has been known for some time, but hasn’t been adequately addressed.

Sediment samples taken at sites in the central and north bay show levels of dioxin comparable to or substantially higher than levels in San Francisco Bay, which Evenson said is also listed as impaired for dioxin.

Also weighing in was Andrea Tuttle, the former director of the California Department of Forestry and Fire Protection who has considerable familiarity with the state’s Total Maximum Daily Load process for dealing with impaired waters.

Instead of using the TMDL process under the listing, which she said was the wrong “tool” for the problem, Tuttle said site specific cleanup of where lumber mills were located would be more effective.

“The listing paints the entire bay as contaminated, when in fact the contamination can be traced to certain legacy sites and that is where the money should be put,” Tuttle said.

However, area surgeon Denver Nelson told the board he contacted a State Water Board official who told him the listings cannot be reversed until its status is reviewed in two years.

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

ER - Longtime Eureka flea mart to close

Longtime Eureka flea mart to close
by Wendy Butler, 9/29/2006

Flea Market by the Bay will be closing its doors after 20 years.

Preston Properties owner Patrick O’Dell issued a letter to vendors on Sept. 19. It stated that the flea mart would be closed as of Nov. 30.

He wrote that “economic conditions have made it necessary to make changes in the space you occupy.”

Preston Property Manager Doe Neal said by phone that no other tenant has been secured.

Neal said that Preston will most likely use the space for “some RV storage” in the interim.

“Eventually, we’ll be looking for a new tenant,” she said.

Preston has owned the approximately 17-acre parcel at the foot of Del Norte Street since around 1990. The land is adjacent to PALCO Marsh and a public fishing pier.

Humboldt Baykeeper Director Pete Nichols said that the flea mart’s closure “has no effect” on the lawsuit that his organization and Californians for Alternatives to Toxics filed against Preston Properties and Simpson Timber Co. in July. The lawsuit claims violations under the Clean Water Act and the Resource Conservation Recovery Act.

The lawsuit alleges toxic contamination at the former Simpson Plywood Mill. The site, the organizations claim, was contaminated with the wood preservative pentachlorophenol, or “penta,” when Simpson used it to treat marine plywood manufactured at the mill site.

The North Coast Regional Water Quality Control Board issued a cleanup and abatement order in 1998. The property had been an active forest-produce site since the late 1800s.

Both Preston and Simpson have said they are working to protect Humboldt Bay from contamination.

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

ER - 'Balloon Track' lawsuit looming

The facts don't matter, Baykeeper is looking for deep pockets, and using "their" weight to meddle in politics.


'Balloon Track' lawsuit looming
by Wendy Butler, 2/2/2006

Local nonprofit organization Humboldt Baykeeper has issued a notice of intent to sue Union Pacific Railroad Co. over what the group claims are violations of federal Clean Water Act and other state and federal laws on the railroad’s Eureka Rail Yard, or “Balloon Track.”

The Baykeeper move comes less than a week before the Eureka City Council will consider a Security National petition to rezone the 29.45-acre property between Waterfront Drive and Washington Street from “Public” to “General Services Commercial” and “Waterfront Commercial.”

Security National and Union Pacific reached a Balloon Track purchase agreement in December.

If the parcel is rezoned, SN plans to put retail development, offices and light industry on it.

The parcel has been vacant for more than 35 years and its soil is contaminated by toxic chemicals.

Humboldt Baykeeper calls itself a group “dedicated to the protection of Humboldt Bay, the coast, and the public health of our community.”

Program Director Pete Nichols said that Union Pacific has “serious and ongoing violations of the federal Clean Water Act and Resource Conservation and Recovery Act, as well as California’s Hazardous Waste Control Act.”

The Water Quality Control Board submitted a remedial action plan in 2002 and conducted “soil hot-spot” removals of heavy metals, such as lead, zinc and copper.

In 2003, Union Pacific Public Affairs Director John Bromley told The Eureka Reporter that the lead-removal work was nearly completed.

Nichols said Baykeeper got some of its information about remaining toxins from the Water Quality Control Board and some from its own monitoring.

“This site contains many dangerously toxic contaminants — lead, pentachlorophenol, chromium, oil and gasoline and other solvents …” he said. “Many of the pollutants that we know that are existing on the site are moving into Humboldt Bay. … They go directly from storm water runoff (and) the ground water underneath the Balloon Track is tidally influenced (and) ultimately moving into the bay.”

As part of its contractual arrangements with Union Pacific, SN has agreed to assume the responsibility for the cleanup.

Nichols said Baykeeper has not contacted Union Pacific directly. It sent a legal document to its “registered agent” outlining Baykeeper concerns.

Union Pacific did not return The Eureka Reporter’s phone calls by press deadline.

“Any cleanup on this site will be development-driven … although I don’t know precisely when it would be,” SN Senior Vice President Brian Morrissey said. “(It would) be related to a zoning change and a project being approved.

“Union Pacific is certainly complying with the monitoring requirements. … We expect to be privy to the results of those tests.”

He added that he didn’t know how often Union Pacific tests the soil.

“To my knowledge Union Pacific has fully complied with all the rules and regulations,” Morrissey said. “This lawsuit is against Union Pacific and not Security National. … At this point it is Union Pacific’s (choice) how and (in) what manner to respond to the allegation.”

Nichols said his group is giving Union Pacific 60 days “to address our concerns … which are the ultimate cleanup and discharge of pollutants into Humboldt Bay and start to look at the problem a little more seriously.”

He said his group wants “a better assessment of what the contamination is on the site.”

“The cleanup that has been done is not adequate,” Nichols said. “Union Pacific has not had a federal permit under the Clean Water Act to discharge pollutants into the waters of the U.S.”

He added that he didn’t know whether Union Pacific ever had a permit, but “from our records it seems the permit expired in 1981.”

When told that SN will assume responsibility for the cleanup, Nichols said, “rezoning will (make it) really difficult to get the site cleaned up.”

“Any proposal to clean it up under commercial zoning would be inadequate to the protection of the public health,” he said.

Morrissey said that when the City Council considers the rezoning request it will consider “environmental conditions.”

“If Security National acquires this parcel and cleans it, it will fully comply with all state and federal and local requirements, regulations and laws,” he said. “It will be fully adequate by definition of following those laws and regulations.”

(Security National owns The Eureka Reporter.)

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

ER - Baykeepers present overview

Baykeepers present overview of bay-health group
5/1/2005

The Humboldt Bay Harbor, Recreation and Conservation District met Thursday evening.

Pete Nichols, program director for Humboldt Baykeepers, presented an overview of the newly formed bay-health advocacy organization to Harbor District staff and commissioners.

Also during the meeting, Harbor District Chief Executive Officer David Hull said Commissioner Chairwoman Ronnie Pellegrini gave an update of the Port of Oakland advisory committee’s ongoing work.

Hull said it was reported that a Port of Humboldt marketing packet had been sent to Gov. Arnold Schwarzenegger in preparation for his trip to Asia — scheduled for November — that would include discussions of California’s shipping and commerce with Asian countries.

“The era we’re in now is using our partnership with Oakland to raise the profile of Humboldt Bay,” Hull said.

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

ER - Dioxin testing postpones maintenance dredging in bay

The Eureka Reporter/Nathan Rushton
Humboldt Baykeeper Program Director Pete Nichols shows California Coastal Commission members, from left, Bonnie Neely, Sara J. Wan and Meg Caldwell, a sample of sediment that is proposed to be dredged from Humboldt Bay during the Harbor District and the city of Eureka’s seven- to 10-year maintenance dredging.

Dioxin testing postpones maintenance dredging in bay
by Nathan Rushton, 9/16/2005

Newly discovered information announced during the California Coastal Commission hearing Wednesday regarding the presence of the cancer-causing chemical dioxin in Humboldt Bay led to an unexpected postponement of the application process for the seven- to 10-year maintenance dredging in Humboldt Bay.

The California Coastal Commission is an independent state agency with 12 voting members whose mission is to protect and enhance environmental and human-based resources of the state’s coast.

It was considering the Humboldt Bay Harbor, Recreation and Conservation District and the city of Eureka’s application for the dredging removal of approximately 200,000 cubic yards of accumulated sediment.

Under the proposed dredge plan, the sediment to be removed from the Woodley Island Marina and the docking areas of Eureka’s 10 existing waterfront facilities.

The sediment would be transported by a several-mile-long pipeline around Woodley Island and under Highway 255 to a nearshore discharge site offshore of a popular beach on the Samoa Peninsula frequently used by surfers and dog walkers.

Following a dredge project overview by Harbor District and city of Eureka officials, a presentation by Humboldt Baykeeper Program Director Pete Nichols raised doubts that adequate testing had been conducted to detect the presence of the persistent chemicals in the bay.

The Humboldt Baykeeper program was launched in 2004 as a bay advocacy organization focused on the environmental health of Humboldt Bay, its watersheds and near-shore areas.

Left over from the lumber era when numerous mills dotted the bay’s banks, Nichols said pentachlorophenol, or penta, is a persistent and potent cancer-causing chemical, which was used as wood preservative and fungicide that ended up in the water.

Nichols said if the dredge sediment is contaminated with toxic chemical, it should be dumped in the EPA’s designated Humboldt Open Ocean Disposal Site, a one-square-mile area located several miles offshore of Humboldt Bay, or another appropriate storage site, but not a public beach.

Nichols also raised the issue that the sediment proposed to be dumped was completely opposite of the ratio of sediment-to-silt that the U.S. Army Corps of Engineers’ guidelines recommend for disposal on beaches.

Instead of the 80 percent sand and 20 percent silt and clay the Army Corps guidelines allow, the Baykeeper group measured the sediment to be dumped at 15 percent sand and 85 percent silt and clay.

After the Baykeeper presentation, the public testimony proceedings were interrupted by the Coastal Commission’s Executive Director Peter Douglas, who announced, after an apparently closer examination of U.S. Army Corps of Engineers documents that mysteriously came into the possession of the Coastal Commission’s staff, that suggested dioxin was present in the bay.

“Either we have a continuance of this matter today and allow us to ask for more information on dioxin, or we change our recommendation to denial,” Douglas said, which brought cheers and clapping from some members of the audience.

Bonnie Neely, the Coastal Commission representative from the Humboldt County Board of Supervisors, said she guessed that the issue of adequate testing was probably on everyone’s mind and recommended that the matter be continued, which was subsequently approved by a majority of the commissioners.

Jack Gregg, a water quality supervisor for the Coastal Commission, said the testing the Harbor District and the city of Eureka had done for most of the conventional chemicals, which was consistent with other dredge projects in the state, was adequate.

“But for dioxin and pentachlorophenols, we don’t have adequate data,” Gregg said.

Commissioner Dan B. Secord asked staff for an “operational deposition” of what had happened regarding the late-arriving information to determine if the commission had been misled.

“I really don’t understand why this application is now upside-down and I would like somebody to help me with that,” Secord said.

Douglas expressed to the commissioners that he was also unhappy with the way the events turned out.

“I don’t think that some of what you are asking for really serves a positive purpose at this point in terms of who did what-when-where,” Douglas said. “All I know is that we did not have this information on us to have an opportunity to respond to (it).”

Harbor District Chief Executive Officer David Hull and Eureka Department of Public Works Director Michael Knight both said the delay in the approval of the project application could potentially jeopardize the maintenance dredging project from moving forward this year.

“It’s a shame that the Baykeepers were sitting on some information that could have helped us avoid this,” Hull said.

The criteria for what the Harbor District and the city of Eureka were supposed to test for is dictated by the EPA and the North Coast Regional Water Quality Control Board, Hull said.

“If they had said ‘go measure dioxin,’ we would have,” Hull said.

Hull said when the topic of dioxin was raised during meetings with the Humboldt Baykeeper this summer, he told them that the Harbor District wasn’t aware of any dioxin test results in the bay.

Hull said even Nichols’ presentation pointed out that the known contaminated sites had been closed down and the use of the toxic substance had not been allowed for more than 20 years.

Hull said the EPA probably hadn’t asked for the specific dioxin testing to be done because of those factors and that the dredge sites weren’t located near the known contaminated sites.

“There are innumerable things they can test for,” Hull said. “But they have to draw the line somewhere and say this is likely and this is not likely.”

Nichols said he was happy with the outcome of the meeting, which showed the Coastal Commission was really looking at the public health issue and the insufficient sampling in accordance with the application.

He agreed with Hull’s assertion that the EPA has to draw the line somewhere, but the parties needed to hear what the EPA has to say about the chemical composition of the sediment that is being proposed to be dumped on the public beach.

“If they were taking it to the (off-shore) site, we probably wouldn’t be saying that they need to test for dioxin,” Nichols said.

Nichols said the long-term cleanup of the contaminated sites in Humboldt Bay is on the radar of Humboldt Baykeeper, which the group is in the process of identifying and cataloguing.

He said the group would be willing to work collaboratively with the Harbor District to find funding for the dioxin testing.

(Nathan Rushton can be reached at nathan@eurekareporter.com.)
Copyright (C) 2005, The Eureka Reporter. All rights reserved.

ER - Bay dredging delayed

Bay dredging delayed while contaminant testing continues
by Nathan Rushton, 12/9/2005

In a jointly held news conference Wednesday, the Humboldt Bay Harbor, Recreation and Conservation District and the city of Eureka announced that the preliminary contaminant test results of dredge spoils in the bay are at low levels.

The dredge project permit for the approximately once-a-decade dredging from the California Coastal Commission was put on hold in mid-September after information from Humboldt Baykeeper was supplied to the commission’s staff regarding elevated dioxin levels in the bay’s sediment.

Harbor District Chief Executive Officer David Hull said the dredge permit application is not likely to make it onto the Coastal Commission’s December agenda, but the bid deadline for the dredge work has been extended to allow for the possibility of the work to be done as soon as possible.

Although the delay in dredging has threatened to cause problems for commercial fishing vessels that may not be able to dock in the too-shallow slips, Hull said he is hopeful that the dredge project will move forward soon.

“If we don’t dredge or get started sometime soon then it means we are going to be delayed until next year, which just exacerbates the problems from the facilities shoaling in,” Hull said.

The test results, which Hull said he hopes will be certified this week, are being forwarded to the Environmental Protection Agency, the North Coast Regional Water Quality Control Board and the California Coastal Commission to be analyzed.

Hull said the sampling work and lab testing has cost Eureka and the Harbor District more than $100,000 in additional costs.

The Harbor District hired engineering consultant firm Pacific Affiliates Inc., which took more than 50 core samples in 11 dredge sites, to conduct the testing for several contaminants, including dioxin. Pacific Affiliates Principal David Schneider went over the preliminary test results at the news event.

Because of the nature of the contamination problem that was presented to the Coastal Commission, which indicated dioxin levels at 2,600 parts per trillion in the sediment, Schneider said it was understandable that the commission wanted more testing.

“When we ran our tests we found the results were nowhere near what that test had indicated,” Schneider said.

Of the sites tested, only the Coast Seafoods dock exceeded the 3.9 parts per trillion screening limit set by the EPA for considering the risk of potential human contact with dredge spoils, according to news release information.

Although the agencies have the final say in what are acceptable limits, Schneider said the preliminary test results show sediment samples that are typically well within the limits.

Humboldt Baykeeper program director Pete Nichols said there really isn’t any safe level of dioxin and the results confirm there is a systemic dioxin problem in the central part of the bay.

Although Nichols said the Baykeeper staff haven’t yet fully analyzed the raw data, it did appear that the results show that dioxin levels in several of the sample sites are as much as 1,000 times higher than the background dioxin levels at the South Bay’s Hookton Slough.


Nichols said now the Harbor District appears to be blaming Humboldt Baykeeper for having to do the testing and won’t accept the fact that there is a documented dioxin problem in the bay.

“It is pretty common knowledge that there is a dioxin problem,” Nichols said.

Nichols said the Harbor District knew about the contamination because of a 2002 story the North Coast Journal had broken about Sierra Pacific Industries and elevated dioxin levels in shellfish in the Mad River Slough area.

Part of the California Environmental Quality Act checklist for the dredge project asked if there are any toxic issues in the project area, but because the Harbor District didn’t indicate there was, it was their flaw, Nichols said.

Compared with the deep-channel and bar-entrance dredging that is done by the U.S. Army Corps of Engineers once a year, the marina maintenance dredging is normally done once every seven to 10 years.

Hull said the Eureka Channel area, where the marinas are located,is an extension of the Freshwater Creek and Ryan Slough watershed, which naturally accumulates sediment that is flushed down during regular storm and stream processes.

Approximately 200,000 cubic yards of sediment has accumulated since the last dredging, which was completed in 1998.

The dredging method being proposed, which must be done during November through March when waves and strong currents can disperse the dredge spoils, uses a “cutter head” dredge that pumps the sediment along a pipeline and out into the ocean.

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

ER - Harbor District gets OK from EPA

Harbor District gets OK from EPA to start dredge work
by Nathan Rushton, 1/17/2006

Clearing its final hurdle to get its maintenance dredging application before the California Coastal Commission for approval, the Humboldt Bay Harbor, Recreation and Conservation District received the go-ahead this week from the U.S. Environmental Protection Agency to do the work.

“EPA does not believe that a significant human health or ecological risk is associated with discharge at Samoa Spit of dioxins and furans at the concentrations found in the Eureka area project dredged material,” wrote Brian Ross of the EPA’s dredging and sediment management team in a Jan. 12 letter to the Coastal Commission.

The maintenance dredging, which is done every seven to 10 years, was put on hold in September when information by Humboldt Baykeeper was presented to the commission, identifying elevated levels of cancer-causing dioxin in the bay’s sediment.

More extensive tests for dioxin and other contaminants were requested by the commission.

The tests, which were completed last month at a cost of more than $100,000, showed dioxin was present in all 11 of the proposed dredge sites, in low concentrations, but the EPA wanted to put the project on hold longer to assess health risks.

Harbor District CEO David Hull said the results of the risk assessment were no surprise.

The Harbor District has until Thursday to secure a spot on the commission’s agenda for its Feb. 8-10 meeting in Chula Vista, which Hull said shouldn’t be a problem.

“We are still hopeful that we can squeak out a portion of the dredging,” Hull said.

In addition, Hull said he was working with dredging contractors to make sure the dredge work could move forward if the application was approved by the commission.

The Harbor District and Eureka’s application seeks to remove approximately 200,000 cubic tons of sediment from beneath the docks at Woodley Island Marina, as well as from several of Eureka’s marinas.

The city of Eureka and the Harbor District must have their dredge work completed by March because of a National Oceanic and Atmospheric Administration’s Marine Fisheries limitation to decrease impacts on endangered and threatened salmon species.

Pete Nichols, director of the bay advocacy group Humboldt Baykeeper, which brought the dioxin concerns to the attention of the Coastal Commission staff during the September meeting, said all of the facts aren’t yet in with regard to the risk assessment done by the EPA.

“They haven’t done a complete dispersal model on where the contaminants are going,” Nichols said.

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

ER - Baykeeper intends to sue Union Pacific

Baykeeper doing what they do, threatening lawsuits... and mixing it up with local political agendas. Don't know how Baykeeper got to be called a "local" group.

Local group intends to sue Union Pacific
by Wendy Butler, 2/2/2006

Local nonprofit organization Humboldt Baykeeper has issued a notice of intent to sue Union Pacific Railroad Co. over what the group claims are violations of federal Clean Water Act and other state and federal laws on the railroad’s Eureka Rail Yard, or “Balloon Track.”

The Baykeeper move comes less than a week before the Eureka City Council will consider a Security National petition to rezone the 29.45-acre property between Waterfront Drive and Washington Street from “Public” to “General Services Commercial” and “Waterfront Commercial.”

Security National and Union Pacific reached a Balloon Track purchase agreement in December.

If the parcel is rezoned, SN plans to put retail development, offices and light industry on it.

The parcel has been vacant for more than 35 years and its soil is contaminated by toxic chemicals.

Humboldt Baykeeper calls itself a group “dedicated to the protection of Humboldt Bay, the coast, and the public health of our community.”

Program Director Pete Nichols said that Union Pacific has “serious and ongoing violations of the federal Clean Water Act and Resource Conservation and Recovery Act, as well as California’s Hazardous Waste Control Act.”

The Water Quality Control Board submitted a remedial action plan in 2002 and conducted “soil hot-spot” removals of heavy metals, such as lead, zinc and copper.

In 2003, Union Pacific Public Affairs Director John Bromley told The Eureka Reporter that the lead-removal work was nearly completed.

Nichols said Baykeeper got some of its information about remaining toxins from the Water Quality Control Board and some from its own monitoring.

“This site contains many dangerously toxic contaminants — lead, pentachlorophenol, chromium, oil and gasoline and other solvents …” he said. “Many of the pollutants that we know that are existing on the site are moving into Humboldt Bay. … They go directly from storm water runoff (and) the ground water underneath the Balloon Track is tidally influenced (and) ultimately moving into the bay.”

As part of its contractual arrangements with Union Pacific, SN has agreed to assume the responsibility for the cleanup.

Nichols said Baykeeper has not contacted Union Pacific directly. It sent a legal document to its “registered agent” outlining Baykeeper concerns.

Union Pacific did not return The Eureka Reporter’s phone calls by press deadline.

“Any cleanup on this site will be development-driven … although I don’t know precisely when it would be,” SN Senior Vice President Brian Morrissey said. “(It would) be related to a zoning change and a project being approved.

“Union Pacific is certainly complying with the monitoring requirements. … We expect to be privy to the results of those tests.”

He added that he didn’t know how often Union Pacific tests the soil.

“To my knowledge Union Pacific has fully complied with all the rules and regulations,” Morrissey said. “This lawsuit is against Union Pacific and not Security National. … At this point it is Union Pacific’s (choice) how and (in) what manner to respond to the allegation.”

Nichols said his group is giving Union Pacific 60 days “to address our concerns … which are the ultimate cleanup and discharge of pollutants into Humboldt Bay and start to look at the problem a little more seriously.”

He said his group wants “a better assessment of what the contamination is on the site.”

“The cleanup that has been done is not adequate,” Nichols said. “Union Pacific has not had a federal permit under the Clean Water Act to discharge pollutants into the waters of the U.S.”

He added that he didn’t know whether Union Pacific ever had a permit, but “from our records it seems the permit expired in 1981.”

When told that SN will assume responsibility for the cleanup, Nichols said, “rezoning will (make it) really difficult to get the site cleaned up.”

“Any proposal to clean it up under commercial zoning would be inadequate to the protection of the public health,” he said.

Morrissey said that when the City Council considers the rezoning request it will consider “environmental conditions.”

“If Security National acquires this parcel and cleans it, it will fully comply with all state and federal and local requirements, regulations and laws,” he said. “It will be fully adequate by definition of following those laws and regulations.”

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

ER - Pete Nichols letter to Editor

Not mentioned, Nichols status as head of Baykeeper, nor his wife Alison Sterling-Nichols' title as Gallegos' Campaign Manager.


Voters shouldn't let Worth Dikeman and police grab power
by Pete Nichols, 5/30/2006

Dear Editor,

Mr. Dikeman’s most recent addition to his ongoing negative campaign clearly shows his true colors as a prop for local law enforcement. How can a candidate for district attorney criticize the pace of a very sensitive investigation when he openly admits to being “out of the loop”? He has no knowledge of the status of the investigation, most importantly that vital reports have not been received from the Department of Justice or the coroner.

It is obvious that Mr. Dikeman had no idea what he was talking about and was set in motion solely by his campaign managers — both active duty Eureka police officers — to further impede the DA’s investigation into Cheri Moore’s killing to protect law enforcement officers who may have violated the law.

I respect law enforcement officers. My dad was the chief of the Maine State Police, my brother is a cop and my grandmother was the first woman sheriff in Maine. However, they should not have influence over the District Attorney’s Office.

Mr. Dikeman is accused of being a racist, is clearly controlled by the police, and blatantly distorts the facts for his own political gain. Sounds more like 1950s Alabama than 21st-century Humboldt County.

Humboldt County deserves a district attorney who is independent from law enforcement and represents the entire community without fear or favor. For the sake of this community, let’s make sure that this attempted police power-grab of the DA’s Office fails, and that Paul Gallegos remains in office. Vote June 6!

Pete Nichols
Westhaven

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

ER - Another soil test for former mill site?

Another soil test for former mill site?
by Wendy Butler, 8/18/2006

Simpson Timber Co. Director of Environment Dave McEntee said that sampling the soil on the business’ approximately 16-acre site for dioxin has become comparable to an archaeological investigation, due to a potential soil shift.

But, he added, Simpson never said its work, mandated by a 1998 North Coast Regional Water Quality Control Board cleanup and abatement order, was complete.

Simpson put in groundwater wells, took soil samples and then, in 2003, removed contaminated soil from the site, which is located near the foot of Del Norte Street on Eureka’s Waterfront.

Humboldt Baykeeper and Californians for Alternatives to Toxics filed a lawsuit in July in federal court asking it to order Simpson and current owner Preston Properties to clean alleged existing toxic contamination at the former Simpson Plywood Mill site.

The parcel is located adjacent to PALCO Marsh and a public fishing pier.

The groups argue that the site’s soil is dioxin-laden and the contamination is not being dealt with properly.

The lawsuit is for violations under the Clean Water Act and the Resource Conservation Recovery Act.

Humboldt Baykeeper, which is a project of the Garberville-based Ecological Rights Foundation, and CAT maintain that the site was contaminated with the wood preservative pentachlorophenol or “penta,” when Simpson used it to treat marine plywood manufactured at the site.

Penta is a known carcinogen and is “widely known to be contaminated with the more toxic dioxin, the same toxic chemical found in Agent Orange,” the plaintiffs stated.

Humboldt Baykeeper Director Pete Nichols said its consultants, Southern California-based Soil/Water/Air Protection Enterprise, sampled mud from the same ditch out of which Simpson had removed contaminated soil and found dioxin at levels “tens of thousands times higher than the Environmental Protection Agency considers safe.”

“We’d like to see a full characterization of the site for dioxin,” Nichols said on Friday. “There should be a full sampling plan developed for the site that is specifically designed to detect dioxin contamination.”

McEntee said that the property has been an active forest-product site since the late 1800s. Simpson operated its mill there from 1957-1967. The property was then sold in 1985 and went through a number of owners until Preston bought it in about 1990, he said.

Simpson took about 130 soil samples and put in 12 or more groundwater wells to look at the groundwater conditions.

That’s as opposed to the nine samples, seven of which were ditch samples, that SWAPE took, McEntee said.

Simpson was told by the Water Board to look for dioxins in the ground water, which it did, he said.

McEntee said he disagrees with the Baykeeper-CAT argument that Simpson failed to test for dioxin.

When examining the soil for penta, if there had been dioxin present, it would have been discovered because it is a “co-located contaminant.”

“In the effort to identify penta, you will find the other co-located compounds that are present in the mixture, which would include mineral spirits and trace amounts of dioxins.”

McEntee said that Preston, in 2001, also commissioned its own independent review of the data and that review indicated that active remediation was necessary based on, in large part, penta found on the site.

CAT was copied on all of this, McEntee said.

“We got no comments back expressing any concern with what we were doing,” he said.

In 2003, Simpson removed upland and ditch soils — almost 2,000 tons of soil was removed from the site, he said.

The soil was sent to a landfill in Manteca, a “class-two” landfill, which is permitted to take certain levels of contaminated products, McEntee said.

“Part of our sampling plan that CAT reviewed and the Water Board approved (was) we were required to do confirmation sampling,” he said.

They did upwards of 40 samples of this type in the ditch for penta and it appeared the contaminants had been removed.

“The only way to know if there is a problem that has to be dealt with, is with the data,” Water Board Executive Officer Catherine Kuhlman previously told The Eureka Reporter.

Kuhlman said Simpson has been making progress with its cleanup order and Water Board staff has not had concerns from its data that contaminants are migrating into the bay.

After reviewing SWAPE’s recent report, samples that were close to Simpson’s excavation location, Simpson was in a quandary.

“We were kind of scratching our heads,” McEntee said. “How could th is be? We just did this cleanup not too long ago.”

Then, Simpson reviewed historic aerial photographs. After viewing these, it appears that there has been soil movement, caused primarily by railroad spurs that were moved around, as were ditches, he said.

This may or may not have been during the time when Simpson ran the mill, he said.

“Now we’re coming to a partial understanding that maybe this wasn’t just a matter of remnant soil staying in place,” McEntee said.

Soil deposits might have moved around.

“They haven’t been moved far, but placed in areas not consistent with the upland samplings and our understanding of how the contamination occurred,” he said.

Perhaps Simpson has missed “pockets of contamination,” McEntee said.

“We’re going to probably go out and do some additional sampling ourselves and try to draw a little bit bigger circle around the SWAPE data,” he said. “If there’s additional cleanup warranted, we’re going to do it.”

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

ER - Pete Nichols OP ED

Baykeeper story wrong on some points
by By Pete Nichols, Director, Humboldt Baykeeper, 12/19/2006

I would like to commend The Eureka Reporter for covering the important issue of pesticide toxicity in the article “Environmental Groups Sue EPA” (Dec. 16) and for highlighting the work of dedicated citizens who are standing up for clean water and a healthy environment.

I would also like to make some corrections to Mr. Rushton’s article. I would first like to correct the confusing innuendo that Humboldt Baykeeper is part of this lawsuit. While we support the enforcement of the Clean Water Act and other laws created to protect the environment, we cannot take credit for this action. It is not mentioned that it is in fact San Francisco Baykeeper who deserves credit for its great work, with Californians for Alternatives to Toxics, to protect the San Francisco Bay and Delta from toxic pollutants.

Secondly, I would like to correct Mr. Rushton for stating that Humboldt Baykeeper’s parent organization is San Francisco Baykeeper. Humboldt Baykeeper and San Francisco Baykeeper are both member organizations of the national Waterkeeper Alliance and the California Coastkeeper Alliance, neither of which govern our respective organizations. Humboldt Baykeeper is a program the Ecological Rights Foundation, whose mission is to further the rights of all people to a clean, healthful and biologically diverse environment.

Lastly, I was surprised that CATs Executive Director Patty Clary, who is one of California’s most knowledgeable experts on the effects of toxins on the environment and humans, was not interviewed for this article. Complex issues such as the toxic contamination of our waterways deserve patient and thorough investigation and appropriate fact checking.

The San Francisco Bay and Delta is one of the most important coastal resources in California. However, just like Humboldt Bay, San Francisco Bay is threatened by the impacts from industrial pollution that can detrimentally impact this fragile system.

As an example, San Francisco Bay has been listed as “impaired” under the Clean Water Act for dioxin contamination since 1999. In fact, when this determination was made, much of the data used revealed levels of dioxin actually lower than those in Humboldt Bay.

Fortunately for both San Francisco and Humboldt Bay, identifying and acknowledging the significant problems of toxic contamination is the first step to finding solutions for the benefit of all.

(Editor’s note: Patty Clary of Californians for Alternatives to Toxics was phoned at work and home for the article and was unable to be reached. Rushton interviewed seven people in attempting to prepare as thorough an article as possible. And although Nichols alleges that there was confusing innuendo created in the article that linked the local Humboldt Baykeeper group to the EPA lawsuit, it was the news release from Clary’s CATs organization that incorrectly identified the San Francisco Baykeeper organization only as “Baykeeper.”)

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

ER - Ken Miller letter to editor

More anti-cop stuff from Ken Miller, pretending to be the voice of reason

Support and belief in police requires a change in EPD behavior
by By Ken Miller, McKinleyville, 12/20/2006

Faith in the Eureka Police Department is unwarranted, given the facts.

Trust in EPD cannot be by blind faith, which Mr. Simmons suggests when he says “… handling these crises involves much more than the public is ever aware of.” (Dec. 16).

Trust is earned in light of the facts, not in their absence.

The inquest into Cheri Moore’s death showed that she should not have been killed. The state ballistics expert testified, in effect, that flare projectiles move about as fast as a paintball, cannot penetrate body armor or ballistic shields and pose a controllable fire threat.

An inquest into Burgess’ death, run by an independent coroner and hearing officer, could tell us what happened in that ravine. Or a Citizens’ Police Review Commission could.

The recent San Francisco Chronicle series on police shootings (Dec. 3-5) reports that San Francisco police, in violation of policy, put themselves into unnecessarily dangerous situations from which they shot their way out. The officers and their superiors then covered up the facts with in-house “investigations,” depriving the police and the community opportunities to learn from those tragic mistakes. The police investigations routinely exonerate the officers.

Similarly, in both the Burgess and Moore tragedies, the EPD neglected to stop and think, opting instead for reckless strategies that provoked panic and lethal force, where no lethal threat existed. EPD made no reasonable effort to use nonlethal force.

Neither posed an indefensible threat to anyone, and both needed help. But EPD has since covered up and, like Simmons, blames the victims: the mentally ill, the drug “addicted,” (neither were), or the criminal.

EPD rushed the SWAT team into Cheri Moore’s apartment — knowing she would point the flare gun at them — because of the unsubstantiated threat of fire.

However, EPD not only failed to ask the fire department for advice or appropriate help, they failed to evacuate the building, and they escorted an elderly disabled man in, and left five or six others in neighboring apartments. Instead of staging the command center across the street where they could see Moore, police set up inside the supposed tinderbox.

This behavior contradicts Simmons’ assertion that “…the EPD followed procedures that were implemented to reduce the risk to officers and innocent others not involved in the crises.”

EPD must learn to apprehend people, especially those most vulnerable, without killing them. But because EPD fails to acknowledge their tragic errors, they will repeat them, because the police will never be trained differently, nor treated for the psychological aftermath of killing unnecessarily.

It is the community’s responsibility to scrutinize, hold accountable and professionalize the EPD, and all our law enforcement agencies. We must exert civilian control in shaping a police force we can all live with.

Responsible oversight is a responsibility of responsible government.

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

ER - County is in need

County is in need of progressive, civic-minded individuals
12/22/2006

Dear Editor,

I, Shannon Gillespie, wish to offer my personal thanks to those 1,677 Democratic voters in the 3rd District who elected me on June 6 to represent their interests on the Humboldt County Democratic Central Committee. Unfortunately, I will be unable to serve my elected two-year term of office.

The current members of the Humboldt County Democratic Central Committee have selected Shane Brinton to take the central committee seat for which I was elected.

At Shane Brinton’s personal request, I had a conversation with him after my election to the HCDCC. I was impressed with his directness and honesty, especially regarding the well-known sad state of affairs concerning our local, entrenched Democratic politicians.

On June 10, Shane Brinton posted these forthright comments online at the Humboldt Herald (humboldt-herald.blogspot.com)

“Richard [Marks] pulled 25 percent without (HCDCC Chairperson Patrick) Riggs or Berg/Chesbro/Thompson. With Democratic and/or union support, he could have taken out Nancy Flemming, but people like Riggs and Loco Solutions don’t care. They want Nancy to look more powerful than she is, so that they can scare us and keep us in line. A runoff between Marks and Neely would have threatened established Democrats and created the possibility for a paradigm shift in the party and the local progressive community. It’s the same reason that Riggs withdrew his endorsement of me during my school board race. Real progressives are scary because we can actually create change. Yes, please vote for Bonnie. We have to beat Arkley/Flemming. But don’t forget how we got here. Don’t forget that 17 members of the Democratic Central Committee handed us a runoff between two Republicans.”

Furthermore, I would like to encourage anyone who may be interested in running for your political party’s central committee in the June 2008 primary election to contact the Humboldt County Elections Office at 707-445-7581 for more information.

You do not need any money to become a candidate. All it takes is a petition signed by 20 registered voters, and you are on the ballot.

Humboldt County is in need of progressive, civic-minded individuals who are willing to take a stand against the ineffective, unresponsive political “leaders” of our community. It is time for a change, and you can be part of it. Please, get involved.

Shannon Gillespie, Arcata

(Rob and Cherie Arkley own Security National, which owns The Eureka Reporter.)
Copyright (C) 2005, The Eureka Reporter. All rights reserved.

ER - Historic land contaminated

My, my, my - Andrea Davis, Salzman related causes. What a tangled web they weave.


Tyson Ritter/The Eureka Reporter
Table Bluff Reservation-Wiyot Tribe’s Indian Island parcel is a National Historic Landmark, for which the tribe is currently preparing an Environmental Impact Report.

Historic land contaminated
by Wendy Butler, 9/2/2006

It’s littered with contaminants; however, Table Bluff Reservation-Wiyot Tribe’s Indian Island parcel is a National Historic Landmark.

That’s why its soil remediation plan is more complex than that of other Humboldt Bay properties, said Andrea Davis, Wiyot Tribe environmental director, during a telephone interview on Friday, before she was due to head out to the island.

The Tuluwat Village site on Indian Island, which is on Eureka’s Waterfront, was the center of the Wiyot world, and a place where the tribe performed its “world renewal ceremony.”
On Feb. 26, 1860, the day after the ceremony, a group of local Eureka men traveled to the island and massacred close to 100 Wiyot men, women and children.
In 2004, the Eureka City Council approved the transfer of the eastern portion of Indian Island to the Table Bluff Reservation-Wiyot Tribe.

Davis said that soil capping is an option for a small part of the parcel, on which the tribe hopes to reinstate its ceremony, as well as host members of the public “for cultural and environmental education tours.”

She said that the tribe is currently working on an Environmental Impact Report that it hopes will be available to the public in late September. The plan is currently being discussed with the North Coast Regional Quality Control Board.

When interviewed Friday, Water Board Executive Officer Catherine Kuhlman said that Indian Island “has quite a few chemicals at hazardous levels.”

“It is sort of the same thing you see at a lot of other cleanup sites,” she said.

She acknowledged that the site is “sacred tribal land.”

What is conceivable, Kuhlman said, is “some interim level of cleanup, where they could still do some of their cultural and sacred rites.”

The Wiyot Tribe has consulted with Humboldt Baykeeper and Californians for Alternatives to Toxics on the matter, as well.

“Feedback that I have gotten from them is they both support the tribe and our pursuit to clean up the tribal site,” Davis said.

Pete Nichols, program director for Humboldt Baykeeper, said that his organization has not done an analysis of the entire island site.

“What I do know, it’s a small isolated (portion),” he said. “They’ve done due diligence in trying to analyze it and maintain the cultural resources on the site.”

Nichols and CAT Executive Director Patricia Clary have expressed strong opinions about the dangers of capping contaminated parcels, specifically in regard to Union Pacific Railroad Co.’s Eureka Rail Yard or “Balloon Track.”

The Balloon Track is located at Washington Street and Waterfront Drive. Security National is near finalizing its purchase, and once that’s completed it will be responsible for how the former rail yard is cleaned for its planned mixed-use Marina Center, SN Vice President Brian Morrissey said.

Security National is considering some capping, as well as removal of contaminated soils, he said.

Clary said that she didn’t think that the site has been “characterized sufficiently environmentally.”

In May, Humboldt Baykeeper filed a lawsuit in federal court against Union Pacific for what the group claims are violations of the federal Clean Water Act on the railroad’s parcel.
“We plan on fully characterizing the site,” Morrissey said. “Once we own it, we will submit a plan that will go before all of the various (agencies.) … Then we’ll have a plan that we can use to clean the Balloon Track.”

“The difference between the Balloon Track and Indian Island is that the perpetrator is very alive and very well at the Balloon Track,” Clary said. “The perpetrator on Indian Island is not the Indians.”

“It’s apples and oranges,” Nichols said.

He said, and Clary seconded, that the Wiyot Tribe has had to purchase back contaminated land that had been initially taken from them, and then conduct an expensive cleanup.

“As far as capping goes, each site presents a different set of variables that need to be assessed before you look at what the best solutions are,” Nichols said.

“We’ll be analyzing the EIR, as well,” he added. “But, we’ll just see where it goes from there. (It) seems they’re trying to do the best they can (and) the scope, the scale is entirely different.”

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

ER - Humboldt Bay 'impaired' by dioxin

How did Baykeeper pull this off?

Humboldt Bay 'impaired' by dioxin
10/28/2006

The State Water Resources Control Board on Wednesday voted unanimously to list Humboldt Bay as impaired for dioxin contamination under the federal Clean Water Act.

Dioxin is a known carcinogen with a wide range of health effects including cancer, reproductive and developmental effects that can occur even at low levels of exposure, according to a news release by Humboldt Baykeeper, the area’s two-year-old environmental watchdog group.

Wednesday’s action was taken by the Water Board at the request of Humboldt Baykeeper, which submitted a petition and testing information earlier this year urging the board to recognize the dioxin problem in the bay.

The information included sampling data from the U.S. Army Corps of Engineers, the Humboldt Bay Harbor, Recreation and Conservation District, the city of Eureka and Sierra Pacific Industries, the release stated.

“The action taken by the state Water Board confirms that there is a systemic problem with dioxin contamination around Humboldt Bay,” said Humboldt Baykeeper Director Pete Nichols. “It’s now important that we focus on identifying the sources of this contamination, stop the flow of dioxin to the bay, and work hard on getting removed from this list.”

Dioxin, a byproduct of a wood preservative widely used by the timber industry called pentachlorophenol or “penta,” is known to accumulate in the fatty tissue of fish and shellfish, according to the news release.

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

ER - Humboldt Baykeeper, others sue EPA

Humboldt Baykeeper, others sue EPA
by Nathan Rushton, 8/26/2006

Four environmental groups, including Humboldt Baykeeper and the Ecological Rights Foundation, filed a lawsuit this week that charges the U.S. Environmental Protection Agency has allowed water polluters too much time to cut contaminants getting into San Francisco Bay and other state waters, which was recently reported in the San Francisco Chronicle.

Humboldt Baykeeper has ongoing legal actions against two Eureka waterfront properties, including Union Pacific, which currently owns the property slated to be purchased by Security National for its Marina Center project, as well as Preston Properties, which owns the former Simpson Timber Co. plywood mill site now used for a flea mart.

Baykeeper’s program Director Pete Nichols has said previously that despite complying with cleanup orders from the state on the waterfront sites, toxins persist and are leaching into Humboldt Bay.

Reached Friday, Alexis Strauss, director of the EPA’s regional water division, said the federal agency received a notice of intent to sue from the groups approximately 60 days ago and was anticipating the legal action.

“Now we are in a formal position to respond,” Strauss said.

Strauss said that the EPA, which approves the state’s water quality standard submittals, will be working with California’s state and nine regional water quality control boards on the compliance schedules for polluters to provide some certainty on the issue.

Strauss said the agency has been sued on several occasions over water quality standards before, but never specifically on the compliance schedule issue.

“I think this is an important one for us to resolve in California,” Strauss said.

Humboldt Baykeeper officials could not be reached by deadline.

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

ER - Environment groups sue EPA

Environment groups sue EPA
by Nathan Rushton, 12/16/2006

Alleging that a ruling by the U.S. Environmental Protection Agency in November represents a departure from its duties under the federal Clean Water Act, several environmental groups announced this week that they have sued the EPA.

Baykeeper, along with five other groups, filed a suit in the U.S. Court of Appeals for the 9th Circuit to overturn the new rule, which they say re-defined the word “pollutant” to exclude pesticides.

The EPA announced Nov. 21 that it had issued a final rule clarifying two specific circumstances in which a Clean Water Act permit is not required before pesticides are applied.

Those include when pesticides are applied directly to water to control pests, such as mosquito larvae and aquatic weeds, and when pesticides are applied to control pests that are present over or near water where a portion of the pesticide will unavoidably be deposited to the water in order to target the pests effectively, according to the EPA news release.

Over concerns that certain types of aerial spraying and other direct applications of pesticides could contaminate creeks, rivers and wetlands, Baykeeper initiated the lawsuit, along with Eureka-based Californians for Alternatives to Toxics, California Sportfishing Protection Alliance, National Center for Conservation Science and Policy, Oregon Wild and Saint John’s Organic Farm.

Patty Clary of Californians for Alternatives to Toxics could not be reached in time for this article.

Deb Self, executive director of the bay watchdog group Baykeeper, which is the parent organization to the local Humboldt Baykeeper group, said Friday that pesticide contamination of waterways from pesticide spraying would be allowed without agency oversight under the new rule, which goes against the desires of federal lawmakers.

“Congress was quite clear in directing EPA to regulate pesticide pollution,” Self said. “Rather than enforcing laws as Congress wrote them, once again the Bush administration has simply interpreted the law to suit its purposes.”

Self said an important reason for having permits is that it’s the only opportunity for oversight and public involvement and review to enforce compliance.

With the change, Self said government agencies could apply any number of herbicides and pesticides, some of which are known to cause cancer, birth defects, reproductive damage, liver and kidney damage and central nervous system disorders.

A response from the EPA’s General Counsel to the lawsuit was requested, but was not available by deadline, according to Dale Kemery, press officer for the EPA’s Washington, D.C., office.

In a review of the matter, the EPA considered two rounds of public comments and concluded that the Clean Water Act does not require permits in the aforementioned situations.

“This clean water rule strengthens and streamlines efforts of public health officials and communities to control pests and invasive species while maintaining important environmental safeguards,” said EPA Assistant Administrator for Water Benjamin H. Grumbles in a November news release.

Western Environmental Law Center attorney Charlie Tebbutt, the lead counsel for the petitioners, said the EPA’s ignoring of the requirements of the Clean Water Act cannot go unchallenged.

The groups claim the EPA’s rule, if left in place, would put waters, fish, wildlife and human populations at greater risk without the opportunity for local input into specific polluting projects and by eliminating monitoring and reporting requirements. “This is not what the Clean Water Act intended,” Tebbutt continued.

According to a scheduling order received from the court, Tebbutt said the court is asking for a briefing from attorneys on the matter by March 1.

However, he said there are several other petitions challenging the same EPA ruling, including some from pesticide industry advocacy groups that say the EPA ruling does not go far enough in allowing all applications of pesticides in all circumstances.

Because of duplicate petitions, Tebbutt said the issue will likely go to a multi-district panel, which will randomly select a circuit court as the venue to hear the case.

Although he doesn’t see any particular advantage to where the case is heard because he said the ruling is “flatly invalid on its face” and should be overturned, Tebbutt said the 9th Circuit Court has more experience with the particular issue.

The EPA’s final ruling in November replaces its previously published Interim and Final Interpretive Statements on the application of pesticides to waters of the United States in compliance related to the Federal Insecticide, Fungicide and Rodenticide Act published Feb. 1, 2005, according to the Government Printing Office’s Federal Register.

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

ER - Ellebrecht sentenced

Ellebrecht sentenced to suspended three-year prison term
by Kara D. Machado, 12/22/2006
 

A Rio Dell man who fired several shots into a residence as, he claims, he aimed for a deer, was released from custody on Thursday until Jan. 14.

On Jan. 14, Phillip Ellebrecht, 21, will turn himself back in to the Humboldt County Correctional Facility, where he will serve a little more than 100 days of a one-year sentence — he has 263 days of combined credit served.

Ellebrecht appeared in Humboldt County Superior Court Judge John T. Feeney’s courtroom Thursday to be sentenced for the shooting that occurred at about 10 p.m. Jan. 16 in the 200 block of Stream Street in Rio Dell.

On that date, Ellebrecht fired 10 to 14 shots at a home, Humboldt County Deputy District Attorney Allan Dollison said.

“He said he was walking down the street — after he, himself, admitted to have had drank a 12-pack of beer and a fifth of Jack Daniels,” Dollison said, “and, at one point, claimed he (began) shooting at a deer ... with a .22-caliber rifle.

“Fortunately, no one was hurt.”

On Thursday, Feeney also sentenced Ellebrecht to a suspended, three-year prison sentence — which was recommended both by the Probation Department and the California Department of Corrections and Rehabilitation.

Rather than serve three years in prison, Ellebrecht will be placed on three years probation, Feeney said in court.

Should Ellebrecht violate his probation, he will ultimately serve the three years in prison.

Ellebrecht was also ordered to stay at least 100 yards away from the Zingaro family, at whose residence Ellebrecht shot.

In court, Ellebrecht — handcuffed by his right wrist to another inmate — appeared somber, wearing the standard orange jail jumper, with his light-colored hair shorn short.

Loved ones of Ellebrecht filled one row of the courtroom. On the opposite side of the spectator seating sat Katherine Zingaro.

Zingaro said she was out of town visiting her father when she received a call from her husband, Nicholas Zingaro, just after the shooting.

Nicholas Zingaro was in the home at the time of the shooting, with the couple’s two children — a daughter, who was 8 at the time, and a son, 4.

In court, Katherine Zingaro said her son slept through the incident, but her daughter was “shaken” as a result of it.

“I’m sorry this has happened,” Zingaro said in court. “(Ellebrecht) is a young man ... I hope he can release (his) hate and have love in his heart.”

Feeney allowed Ellebrecht to vocally apologize to Zingaro from the front row of the jury box, where he stood by his attorney, Humboldt County Public Defender Blair Angus.

“Honestly, from the bottom of my heart, I apologize,” Ellebrecht said. “I’m glad no one was hurt ... I’m sorry for (your) daughter.

“I am truly, honestly sorry about what happened. ... It won’t happen again.”

Dollison said Ellebrecht was initially charged with shooting at an inhabited dwelling and the negligent discharge of a firearm, and was bound for both charges following his preliminary hearing May 16.

If convicted of his initial charges, Ellebrecht could have faced a maximum of seven years in state prison, Dollison said.

However, on July 31, Ellebrecht accepted a plea offer of the negligent discharge of a firearm, Dollison said, which carries a maximum prison exposure of three years.

Via telephone, Nicholas Zingaro said one of the 14 bullets fired into his home went through his front door, missing his head by 1 inch.

“My daughter heard the shots and flipped out,” Nicholas Zingaro said. “I grabbed her from her bunk bed and we huddled to the ground.

“She couldn’t stop crying. We had to call her best friend’s parents. She couldn’t stay at the house. She had to stay at her best friend’s house that night.”

Nicholas Zingaro said he believed the sentencing to be “light.”

“Seriously,” Nicholas Zingaro said, “it’s like a slap on the wrist.”

Dollison described this case in court as “a close call” and said he was pleased to see Ellebrecht was remorseful.

“This is a strike (case),” Dollison later said. “We are pleased with the court’s decision.”

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

More on Dollison:

State Bar Association Allan Lee Dollison
Like Gallegos, he did not go to an accredited Law School - Western State Univ was not an accredited Law School at the time Dollison attended. It has recently become accredited.

Like Stoen and Schwartz, this guy likes to run for office:
Senatorial candidate suspended in 2000
Smart Voter - Philosophy
Smart Voter, March 2, 2004 Election - Our Environment
He also ran for the California Assembly in 1994.

Discussion at watchpaul:
Tim Stoen, Jeffrey "yougofree.com" Schwartz, and now this...
What're we talkin' about here? Moral Turpitude

ER - Verdict in Sheets Wrongful Termination

Jury decides in favor of Gallegos in wrongful termination suit against county
by Kara D. Machado, Christine Bensen-Messinger, 12/20/2006

A jury came back with a verdict in the Gloria Albin Sheets wrongful termination civil suit.

Albin Sheets, who now goes by Gloria Sheets, maintained Humboldt County District Attorney Paul Gallegos wrongfully terminated her in 2003 when she was a deputy DA in his office.

However, on Tuesday, the jury found he did not.

Sheets’ wrongful termination suit was filed on the basis of disability discrimination.

Outside the courtroom, Sheets said she was still digesting the verdict and was unsure what her next step would be in regard to the case.

“There are many options to consider,” Sheets said.

Sheets said she was obviously disappointed with Tuesday’s verdict.

“Mr. Gallegos, depending on who he’s around, has once again lied with impunity,” Sheets said, “and someone believed him.”

Gallegos said he was grateful for the time the jury committed to the case.

“I’m grateful for their decision,” Gallegos said. “Certainly, they listened to the evidence and they made their decision based on that.

“I feel sorry for Ms. Sheets. I hope this holiday season brings her some peace and happiness.”

Sheets’ trial lasted about one week and derives from her May 20, 2003, termination.

At that time, Sheets was sent a letter from Gallegos, letting her know her employment with the office had been terminated.

This occurred five months after Gallegos was sworn in and after Sheets had worked with the office for eight-and-one-half years.

Prior to her termination, Sheets had been on workers compensation leave for a disability claim.

Last Wednesday, Gallegos testified that he had to terminate Sheets’ employment due to loss of grant funding that helped pay her yearly salary of more than $80,000.

The letter he had sent Sheets, Gallegos said, cited the reason for her termination.

“The letter indicated that due to budget cuts and grant reductions,” Gallegos said, “I had to terminate her.”

The new budget was approved sometime in June that year and within a month Gallegos testified that he had terminated at least one other employee and that there were others who had furloughed or taken early retirement.

Although he did not sit Sheets down and tell her she might be terminated, Gallegos said he made it clear to the people in his office that budget cuts were coming and some jobs would be terminated.

In 2003, Gallegos said approximately 60 percent of the funding for the Humboldt County District Attorney’s Office was paid for by grants. And, at the point of Sheets’ termination, Gallegos said the grants were either lost or would be soon.

“I know the decisions I made at the time were based on the information I had at the time,” Gallegos said. “At the end of the day, everything goes back to number crunching.”

Had the grants not been lost, Gallegos said Sheets would not have been terminated when she was.

However, Gallegos said he could not say what would have happened to Sheets’ employment in the long term.

Gallegos said it was also important to note the difference between terminating employment and firing, especially in this situation.

“(If I fired you), I would have asked you to leave, even if I had all the money in the world,” he said. “Termination means I don’t have the money, ‘Sorry, you have to go.’”

Sheets was represented by Stephen J. Duggan, of the Santa Rosa-based law firm Lanahan and Reilley LLP. The county was represented by John Vrieze of the Eureka-based law firm Mitchell, Brisso, Delany and Vrieze.

Duggan was not able to be reached for comment by deadline and Vrieze declined to comment.

The trial was presided over by visiting Mendocino Superior Court Judge Conrad L. Cox.

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

ER - PALCO called to task by environmental group

PALCO called to task by environmental group
by Mike Morrow, 3/23/2006

The Environmental Protection Information Center is continuing its pressure on MAXXAM Inc. and its Scotia Pacific Co., seeking what it says is full disclosure on potential sales of land in excess of 9,000 acres.

In a letter to Realtors throughout Humboldt County, the Garberville-based group noted the land in question is covered by provisions of the company’s habitat conservation plan and other agreements and that Scotia Pacific should reveal all required information relating to proposed land sales.

“Considering (MAXXAM’s) long history of rule-breaking and statements that the company might not be giving full disclosure about restrictions on the land, we believe we have a right to know,” said Larry Evans of EPIC.

EPIC’s letter of inquiry to Realtors Monday also asked if MAXXAM has made its full disclosure.

A PALCO spokesman said the company would have no comment at this time.

Altogether, 9,264 acres are configured by eight parcels, ranging in size from 152 to 3,795 acres, and are part of a larger real estate offering totaling 14,631 acres.

The proposed real estate sale has been characterized by EPIC as corporate asset liquidation aimed at forestalling a debt-driven bankruptcy of Scotia Pacific.

“In addition to the letter of inquiry highlighting specific sections of the governing agreements, a (compact disc) containing complete copies of the three relevant documents was enclosed in certified mail packages,” Evans said. “The documents include the habitat conservation plan and an accompanying implementation agreement, and the enforcement agreement for Assembly Bill 1986. Each of these arose from negotiations leading to the 1999 Headwaters Forest deal.”

Evans said that while the scattered tracts of ranchlands are being listed by local real estate companies, a larger offering that could total as much as 45,000 acres reportedly is being offered to unnamed timber companies.

“In our view,” Evans said, “the MAXXAM-controlled Scotia Pacific and the Pacific Lumber Co. has a scandalous record when it comes to following the law. The message is ‘buyers beware.’”
EPIC, according to Evans, “supports conservation of species, habitat and a sustainable forest products industry. Both are possible.”

But he said the “dismantling of the once-proud Pacific Lumber Co. threatens to leave the county with an even more depleted resource base, already pillaged by MAXXAM in its 20-year liquidation scheme.”

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

ER - Another local group decries toxins and big boxes

Larry Evans, transitioning between EPIC and Baykeeper. Healthy Humboldt's Mark Lovelace is also Humboldt Watershed Council/Ken Miller. The "Local Solutions" links to Richard Salzman's "Alliance for Ethical Business," and to the newly formed CREG "Citizens for Real Economic Growth" are worth noting.

Another local group decries toxins and big boxes
by Wendy Butler, 2/9/2006

When Security National Senior Vice President Brian Morrissey was still employed by Union Pacific Railroad Co. as its real estate general director, his company worked with developers on cleanup of three major pieces of property.

“In each of these cases they are almost identical to the type of cleanup and the type of project we’re talking about on the Eureka ‘Balloon Track,’” he said.

His response was sparked by a comment made by Larry Evans, volunteer and member of Democracy Unlimited.

The Eureka resident sent a news release to media Wednesday on behalf of his organization and Local Solutions and Healthy Humboldt Coalition.

The groups have “joined together” to urge local residents to attend the Eureka City Council’s adjourned council meeting today at 7 p.m. in the City Hall Council Chambers.

On Tuesday, Security National presented a petition to the council for it to authorize the company to submit a rezoning application to accommodate its plans to construct its mixed-use Marina Center project on the Eureka Rail Yard or “Balloon Track,” which it is in the process of purchasing from Union Pacific.

The Council Chambers were full and people waited in the hallway to speak on the issue. Council voted to continue the meeting today.

During an interview, Evans said that when Morrissey was with Union Pacific the company had a history of doing “full cleanups” of its contaminated parcels.

Evans’ news release demands that Union Pacific be held responsible for a “100 percent cleanup” of the rail yard, located between Waterfront Drive and Washington Street.

The news release also included a plea for local residents to urge council to vote against big box development, referring to SN’s plans to put a Home Depot on the Balloon Track.

The cleanup demand pales somewhat in comparison to another issued a week ago by another local group.

Nonprofit organization Humboldt Baykeeper issued a notice of intent to sue Union Pacific over what the group claims are violations of federal Clean Water Act and other state and federal laws on the 29.45-acre parcel.

The site contains toxic contaminants, which include chromium, oil and gasoline, as well as lead.

Morrissey previously said that to his knowledge Union Pacific has “fully complied” with rules and regulations for monitoring and cleanup.

As part of its purchase arrangements with Union Pacific, SN has agreed to assume the responsibility for the remainder of the cleanup necessary for it to construct a Marina Center.

Morrissey said that during his tenure with Union Pacific, partial cleanup and capping was utilized by developers of three Union Pacific sites — Salt Lake City Gateway Project, the Sacramento Rail Yard and Victory Center in Dallas.

“All of those projects were my projects,” he said. “In all three of those cases, the developer cleaned (and) we made sure we understood how (and) where and made sure it didn’t adversely impact the railroad.”

SN will fully clean some parts of the site and cap some other areas, Morrissey said.

He said that when he was on Union Pacific’s staff, one of the sites that his company monitored was the Balloon Track.

He added that he had a full staff that took care of that and Eureka “didn’t hit my radar screen very often.”

(Security National owns The Eureka Reporter.)

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

Local Solutions related stories:
Salzman's Empire The Local Solutions sham
No connection?
It's in the Headers
Local Solutions' 460 Campaign Statements
Any doubt what Local Solutions' agenda is?
What happened to Local Solutions?
Where is "Local Solutions"?
TS - Local Solutions by Michael Twombly
ER - Another local group decries toxins and big boxes

ER - Court nixes ruling on part of Headwaters agreement

Court nixes ruling on part of Headwaters agreement
by Kara D. Machado, 12/18/2005

A state appellate court last Monday overruled a Humboldt County Superior Court judge’s ruling that sided with environmentalists over The Pacific Lumber Company.

The appellate decision threw out the July 2003 ruling by Judge John Golden, which invalidated a major portion of the PALCO’s 1999 Headwaters agreement.

“Of course we are delighted with the decision,” said PALCO president and CEO Robert Manne.

Larry Evans, president of the Environmental Protection Information Center, was not.

EPIC was one of two plaintiffs that sued the California Department of Forestry and other “interested parties,” including PALCO, with regard to what EPIC considered a “flawed” Headwaters agreement concerning species and habitat.

Evans said EPIC’s next step will be to analyze the decision and, should it decide to do so, appeal to the state Supreme Court.

“We will be reading through it with a fine-tooth comb,” Evans said. “Overall, we disagree with it, respectfully, and we stand by our basic case, which is that (PALCO’s environmental) plan doesn’t represent the realities on the ground, meaning species are being pushed to the brink of annihilation.”

According to Chris Manson, manager of regional government relations at PALCO, Golden’s ruling invalidated the company’s Sustainable Yield Plan — which allowed it to cut up to 178 million board feet per year; its State Incidental Take Permits — in relation to the steps PALCO took to protect species and habitat; and its Streambed Alteration Permit — which allowed PALCO to put in crossings on water courses.

Despite Golden’s ruling, PALCO did not have to shut down operations, it just shifted gears and obtained different permits and a different option in its sustainable yield plan.

Throughout the 84-page appellate ruling, there were several comments that stated EPIC “confused” distinct notifications and its attacks against PALCO and the environmental plan were “nonsensical,” erroneous, “simply wrong,” have taken too “narrow a view” and even stated that EPIC’s complaint that no mitigated measures were provided for the geologic impact identified in the environmental report were “meritless.”

Evans said the science the appellate court relied on to make its ruling is “suspect.”

“It has been politicized from the highest levels, from the Bush administration and its cabinet,” Evans said. “They are taking science from people in the field and rewriting it and then deleting whole sections in some cases and sending them back down as agency science.”

Evans said EPIC believes PALCO has logged about 120 percent in the overall watershed within the first seven years of its 10-year equivalent acreage and “the only thing they’ve sustained the yield of is mud and sediments into the creeks and sustained the yield of floods.”

EPIC plans to continue to closely watch PALCO’s operations and Evans said that it is not EPIC’s intention to “just beat up on PALCO.”

“We want reform of forestry across the board,” he said.

Manson said what’s important for PALCO regarding the appellate decision is the validation.

“It’s a validation for what we’ve said all along,” he said. “ ... We’re operating in a sustainable and environmentally sensitive manner.”

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

ER - City threatened with potential lawsuit

City threatened with potential lawsuit
by Shane Mizer, 12/2/2005

In a letter mailed Wednesday to Eureka City Manager David Tyson, Jim Clark threatened litigation if the city does not respond to demands to cease efforts to develop the Waterfront Drive extension.

“Continued pursuit of this project will not only lead to wasted expenditure of public resources on a doomed project, but may incur the additional cost of legal defense,” Clark, president of the Redwood Region Audubon Society, wrote in the letter.

If the city continues the development on the Waterfront site, Clark said the next letter they receive will be a 60-day notice to sue. The letter begins with a reference to California Coastal Commission Executive Director Peter Douglas’ Oct. 5 letter to Tyson, which urged the city to cease activities associated with the development of a new road behind the Bayshore Mall on the Waterfront property between the south end of Del Norte Street and Hilfiker Lane.


“We see no way this project can be recommended for approval by the commission since it is clearly inconsistent with applicable, enforceable policies of the California Coastal Act,” the Douglas letter stated.

The main point of the CCC’s argument against the Waterfront Drive extension plan, according to Coastal Planner Jim Baskin, rests on there being no provision in the California Coastal Act for the filling of wetlands for construction of a new road.

The list of signatories to accompany Clark included representatives of the North Group Redwood Chapter of the Sierra Club, North Coast Chapter of the California Native Plant Society, Environmental Protection and Information Center, Humboldt Baykeeper, Humboldt Watch and Humboldt Watershed Council.

“It just means that somebody might sue them,” Claire Courtney, president of the Northcoast Environmental Center board of directors, said when asked if NCEC had plans to file a lawsuit against the city based on the letter. “The letter is self-explanatory — it doesn’t mean anything other than what it says.”

Larry Evans, president of EPIC’s board of directors, told The Eureka Reporter that a lawsuit has not been drafted yet, but that when analyzing and writing about a project, EPIC is always creating documentation that could potentially form the basis of a lawsuit.

“It’s a recourse we will use if necessary, but we don’t want to go there,” Evans said.

Both Evans and Clark said their agencies intend to file a lawsuit if the city does not heed their warnings and continues with plans to develop the Waterfront Drive extension.

For more than 30 years, plans have been under way to construct an alternative roadway that would diminish traffic congestion on Broadway. Lands and funds originally acquired by CalTrans were later transferred to the city in 1984 for this type of development.

The Environmental Impact Report due sometime next year will present studies exploring the potential biological and archeological impacts as well as traffic congestion relief and noise disturbance impacts that would result from the Waterfront Drive extension. So far, the city has used federal funds to conduct the study and is hoping that it will be allowed the opportunity to at least consider the ramifications of the project before making any decisions to halt it.

“To me, there’s no mistaking the message,” City Attorney David Tranberg said. “What these people are saying is there’s no middle ground and that we either throw in the towel now or we’ll be sued.”

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

NCJ - Whitethorn PLEA BARGAIN

PLEA BARGAIN: Four men charged in the alleged kidnapping, rape, sodomy and false imprisonment of a woman in Whitethorn have agreed to a conditional plea bargain offered by the Humboldt County District Attorney's office. The men — 21-year-old brothers Levi Cole Garza and Nate Robin Garza, 31-year-old Gregory Donald Scheider and 32-year-old Deshawn Lee Moore — have faced the charges since mid-March, following an incident that allegedly took place over three days, March 7, 8 and 9.

According to reports, the woman testified during a prolonged preliminary hearing that during the ordeal she was tied to a tree overnight, threatened she would be shot with a rifle, taken indoors and tied down and raped by three of the men — all allegedly in retribution for her role involving a $6,000 drug-related debt.

The trial had been set for this month. But Deputy District Attorney Jeffrey Schwartz said on Tuesday that all four of the accused men agreed to plead guilty to several charges. All four plead guilty to "rape in concert" — less delicately known as gang rape — and to false imprisonment. Levi Garza additionally plead guilty to kidnapping and marijuana trafficking. All four men "insist the sexual part didn't happen," said Schwartz. And so, as part of the plea bargain, they will take lie detector tests.

"What makes this case unusual is that we're going to rely on the lie detector," he said. Lie detectors are not considered reliable in the courtrroom, but they are "a tool we use" in other arenas, such as plea bargaining, said Schwartz. He said he has faith in lie detector tests, and that the county's polygrapher, Jim Dawson, is "one of the best in the state."

If the case had gone to trial, Levi Garza was facing a maximum sentence of life in prison because of the "kidnap for sexual assault" charge. "Realistically, I didn't see that" happening, Schwartz said. "We had some proof problems — was it a kidnapping, or was it not a kidnapping?" The evidence for false imprisonment — tying her up — is more clear, he said. It carries a lesser sentence. And, if a trial jury had found the men guilty of rape in concert, the maximum sentence they would have faced is nine years. Under the plea bargain, depending on the lie detector test results, here's what could happen:

If the lie detector says the men are telling the truth — that they didn't rape the woman — then the rape-in-concert guilty plea will be dropped. Three of the men would then face five years in state prison (85 percent of which they would have to serve), a strike under the three strikes law, and life-time sex-offender registration for the false imprisonment guilty plea. Levi Garza would get the strike, life-time sex offender registration, and up to eight years in state prison.

Schwartz said the difference in sentencing, between a trial and plea bargain, in this case likely would not have been very significant because he didn't know if they'd be able to prove the kidnapping charge. But, he said, "the bottom line is, this whole arrangement is driven by the wishes of the victim. She states that she was tied up and raped by three men in a living room. She would have to go over that humiliating experience in telling that to the jury. She doesn't want to do that." She has already had to tell her story numerous times, he added, "and her emotional level is high."

— Heidi Walter

Update:
Sentencing continued in statutory rape trial 5/21/2007

NCJ - HAGEN OUT, DIKEMAN NEXT?

HAGEN OUT, DIKEMAN NEXT?

On Friday, Deputy District Attorney Paul Hagen, a circuit prosecutor specializing in environmental crimes, was fired by the California District Attorneys Association, the nonprofit organization that employed him to work in Del Norte, Lake and Humboldt counties. Hagen, who was based in Humboldt County, had previously clashed politically with Humboldt County District Attorney Paul Gallegos, leading many courthouse watchers to believe that Gallegos arranged Hagen's dismissal.

The abrupt termination of the region's top environmental prosecutor left some confusion and anger in the regions he served. Reached Monday, Del Norte County District Attorney Mike Riese, one of the three DAs who shared Hagen's services, was livid at the California District Attorneys Association not only for taking away a capable prosecutor but for leaving him in the lurch. Hagen is scheduled to take several cases to trial in Del Norte County over the coming months, with one scheduled for this week; Riese only found out that the association had fired him after the fact, though he was assured that Hagen would be available to try the case beginning this week.

"I talked with the director [of the CDAA] Friday, and told them that I'm highly disappointed in the lack of notice," Riese said. "At no time did they ever confer with me." Riese added that if the problem was that Gallegos and Hagen did not gel personally or politically, he would have been happy to offer his office as a home base for the roving prosecutor: "If he had a problem with Paul Gallegos, I would have housed him here," Riese said.

Earlier this year, in the run-up to the June elections, Hagen, a member of the Humboldt County Democratic Central Committee, cast the sole vote against that body's endorsement of Gallegos' reelection campaign. He argued that the committee should not choose between two Democrats — Gallegos and Deputy District Attorney Worth Dikeman.

Gallegos is on vacation and could not be reached for comment. Mike Testerman, the CDAA's assistant executive director, said Tuesday that he couldn't comment on the issue, but said that the association had no immediate replacement for Hagen. "There's no way to determine when there will be a replacement put into that position," he said. "That said, we are working with the affected district attorneys to provide appropriate coverage."

Among many other cases in his eight years as the circuit environmental deputy, Hagen successfully prosecuted the Pacific Lumber Co. three times between 1999 and 2002 for criminal violations of the Forest Practices Act and illegal alterations to stream beds. In addition, in 2004 he reached a settlement in a civil suit against the company that charged it with unfair business practices. Nearly half of the $80,000 settlement in that case, which stemmed from sloppy logging practices in the Van Duzen watershed, was used to fund educational programs on salmon habitat and endangered species in local elementary schools.

Hagen said Monday that he could not discuss the particulars of his termination, but said that he and his family plan to remain in Humboldt County.

Meanwhile, it appears that Gallegos has filled at least one of the positions that has been vacant in the office for some time. The California Bar Association web site reports that Arnold Klein, who last worked as a prosecutor in Monterey County, now lists the Humboldt County District Attorney's Office as his place of employment. Klein, who was admitted to the bar in 1972, is best known for his work as a defense attorney in the "Twilight Zone" case, which stemmed from an incident that killed actor Vic Morrow and two child extras during the filming of the 1983 movie.

One courthouse regular predicted last week that the hiring of Klein would precipitate the long-expected termination of Dikeman, a 20-year veteran of the office who ran against Gallegos in this year's election. "Paul's going to have his own old guy now," the regular observed.

— Hank Sims

ER - Churchill sentencing continued due to plea error

Another plea bargain and confusion in the courtroom....

Churchill sentencing continued due to plea error
by Kara D. Machado, 12/13/2006

Due to a plea agreement error, William Richard Churchill’s sentencing was postponed Wednesday.

Humboldt County Deputy District Attorney Jeffrey Schwartz and Churchill’s attorney, Russ Clanton, met with Humboldt County Superior Court Judge Christopher Wilson at the beginning of proceedings to discuss the matter before Clanton talked quietly with his client.

Last month, Churchill pleaded no contest to a plea of assault, with serious bodily injury, during a time Schwartz — the prosecutor in the case — was not available to be in court.

Schwartz said there was confusion with the Deputy DA present at the prior plea proceedings on what plea bargain was actually agreed upon by both the prosecution and defense.

Wednesday, everything was cleared up, with Churchill pleading no contest to his agreed-upon plea — aggravated assault with a deadly weapon — being a knife.

At sentencing, Churchill faces a maximum of four years in prison and a minimum of three years probation, Schwartz said.

The plea is also a strike offense, meaning if Churchill is subsequently convicted of another felony, that penalty would be doubled. A third strike is punishable with a prison term of 25 years to life.

Schwartz said he would not argue against anything the probation department and, ultimately, Wilson decide to sentence Churchill to — even probation.

Churchill’s case stems from an altercation that occurred on Jan. 25 at The Shanty bar in Old Town, Eureka, after Churchill, 31, of Eureka, in which Matthew Fordham, 26, of Eureka, was ultimately stabbed multiple times.

Churchill’s initial charges include the attempted murder of Fordham.

During Wednesday’s proceedings, Fordham spoke about the altercation.

Fordham pulled up his sleeves and the bottom of his shirt to show Wilson his scars.

Wilson asked Fordham how the altercation began.

“It started as an argument on the telephone (and) he said he was going to come down there,” Fordham said. “I honestly didn’t think he’d show up, (and) 45 minutes later he was just there.

“We started rolling around, wrestling on the ground and it got broken up.”

The fight was broken up, Fordham said, and Churchill ended up outside.

“I was still upset and went out there,” Fordham said.
Fordham said he didn’t really know what to expect, but “kind of” knew the altercation would continue.

“I was hoping we could settle (our) differences,” Fordham said, “so if we ran into each other on the street (the fighting) wouldn’t happen all the time.”

After court, Clanton said Fordham had “tackled” Churchill when he had went outside The Shanty.

“Churchill was put in a position to defend himself,” Clanton said. “There is no dispute that Fordham started the altercation (with the initial calls).”

Schwartz said Fordham was stabbed between 17 and 19 times, with some stabbing/slashes piercing Fordham’s liver and puncturing a lung.

Churchill kept his body and head turned toward Wilson Wednesday, not making eye contact with Fordham.

Churchill will return to court at 2 p.m. Jan. 12 for sentencing.

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

ER - DA’s Office Trying To Cut 20 Percent

DA’s Office Trying To Cut 20 Percentby Christine Bensen The Eureka Reporter
3/31/04

Humboldt County District Attorney Paul Gallegos said if the District Attorney’s Office is forced to make cuts, it may have to ask city attorneys to prosecute misdemeanors that take place in their city.

Gallegos said it is not uncommon for city attorneys to do this.

He said his department may also stop prosecuting low-level offenses. He said this could mean a variety of things but, because he does not know how severe the budget cuts will be, he does not want to speculate.

Gallegos said 99 percent of his department’s budget consists of salaries and staff-related costs.

He said layoffs are probably inevitable if his department’s budget is cut this fiscal year.

The Humboldt County Board of Supervisors has asked all county departments to identify how they can cut 20 percent from their annual budgets.

“We’ve identified various ways,” he said.

Gallegos said he is not ready to say how yet, but said if his department is forced to make these cuts, it will not be able to prosecute as many cases.

“(We handled) almost 7,000 (cases) last year,” Gallegos said.

In a presentation to the board March 23, Assistant County Administrative Officer Karen Suiker said that after each department has identified how it can cut 20 percent, the board may exempt where more cuts are not possible.

Gallegos said his office is “very important” and though he hopes it will be exempt, he is planning for possible cuts.

“There is a financial crisis going on and we need to be team players to the best of our ability,” he said.

The District Attorney’s Office employs 13 attorneys, including Assistant District Attorney Tim Stoen and Gallegos.

Of the 13 attorneys, four-and-a-half are on vertical assignments, which means they do all the prosecution for one type of crime. For example, Deputy District Attorney Worth Dikeman is the vertical prosecutor for marijuana-related offenses.

“That’s their first priority,” Gallegos said.

He said they also pick up other cases, because there are so many.

“Our misdemeanor deputies are probably handling in the neighborhood of 1,500 cases a year,” he said.

Gallegos said in addition to already having limited staff, Deputy District Attorney Nandor Vadas, who handles domestic violence cases, will be leaving soon to become a federal magistrate. He said Deputy District Attorney Stacey Eads will be going on maternity leave.

Gallegos said Eads covers juvenile assignments, something he will take over while she is gone. Vadas’ position will not be filled, he said.

In addition to prosecuting specific cases, a prosecutor must be present to cover arraignments and preliminary hearings.

Included in the District Attorney’s Office are eight investigators. He said one is currently out on a workers’ compensation claim.

Gallegos said between 400 and 500 cases “flow through” his office each day. He said not only is the office handling current cases, it is handling cases from previous years as well.

Reversed on appeal - THE PEOPLE v. JOSEPH PIERRE ROLLIN

http://www.courtinfo.ca.gov/opinions/nonpub/A107997.PDF
THE PEOPLE v. JOSEPH PIERRE ROLLIN

1
Filed 12/13/06 P. v. Rollin CA1/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for
publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or
ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION THREE
THE PEOPLE,
Plaintiff and Respondent,
v.
JOSEPH PIERRE ROLLIN,
Defendant and Appellant.
A107997
(Humboldt County
Super. Ct. No. CR031321)

Joseph Pierre Rollin appeals his conviction for abuse of a dependent adult. We
reverse because a statement obtained in violation of the rule announced in Miranda v.
Arizona (1966) 384 U.S. 436 was admitted at trial as evidence of his guilt, and the error
was not harmless beyond a reasonable doubt. (Chapman v. California (1967) 386 U.S.
18, 24.)

FACTUAL AND PROCEDURAL BACKGROUND

Decedent Joi Wright lived with defendant in a run-down mobile home in Orick,
California. In late August or early September 2000, she was visited by Michael
Finamore, an adult protective services public health nurse with Humboldt County.
Wright suffered from multiple sclerosis, was bed and wheelchair-bound, and was also
incontinent. She had some minor bed sores, and Finamore arranged for her to receive
health care services. The county also contracted with defendant to act as Wright’s
caregiver. Wright was then coherent and articulate, and considered competent to make
decisions.

Pg 2

In November 2000, defendant told Finamore he wanted Wright to leave, and
Finamore arranged for her to move to Eureka, with in-home support services. She
remained in Eureka until the end of March 2001, when she moved back to Orick to be
with defendant, against Finamore’s advice.

In October 2001, home care support services to Wright were terminated after
defendant reportedly said he had a gun and would blow the social worker’s head off if he
saw her again.1 Finamore last visited Wright at defendant’s trailer in November 2001 to
check on her and discuss closure of her adult protective services’ case. She was clean
and coherent, and was not concerned that the home health service had “disenrolled” her.
She did not appear to be in any pain or discomfort. Finamore had some concerns about
the volatility of defendant’s personality, but thought defendant “always tried hard and did
an adequate job in providing care for [Wright].”

In January 2002, a deputy sheriff went to the trailer after he received a call from
Wright’s mother asking him to check on her welfare, and he returned in February after he
received another call reporting that Wright’s phone had been disconnected. Wright said
she was fine, was excited about a pending move to New Mexico, and wanted her mother
to leave her alone.

On March 11, 2002, a friend of defendant’s visited the trailer. He noticed a putrid
smell, and heard a sarcastic-sounding female voice say something like: “Are they here?
Did they bring it? Help, help. I’m dying here. Come on. What’s taking so long? . . .
Bring me my stuff.” Defendant told his friend he had been working really hard taking
care of Wright and was not in any big rush to assist her.

On March 20, 2002, defendant’s brother brought Wright’s emaciated and soiled
body to the hospital. She had been dead for hours. Her catheter had not been changed...

footnote: (1 Defendant denied he had a gun, and claimed he was just blowing off steam. A
social worker who visited Wright at defendant’s request several times between April and
July 2001 testified Wright was sometimes afraid of defendant, but that she would rather
die than go to a nursing home. The social worker’s visits were discontinued, apparently
at defendant’s direction.)

PG 3
...for an extended period of time, and the most serious of numerous bedsores extended to
the bone.2 Her primary cause of death was bronchial pneumonia, caused by fecal
contamination of her bedsores or by a urinary tract infection. She was malnourished,
possibly because of a lack of food or due to her multiple sclerosis.

A criminal complaint was filed against defendant on March 19, 2003. On April 8,
2003, defendant was arrested in Austin, Texas. Christine Cook, the senior investigator
for the Humboldt County District Attorney’s Office, went there to interview him about
Wright’s death. Defendant made a series of statements to police. Most were recorded. 3
At first, defendant claimed he was out of town when Wright died in a motel where his
brother had taken her. Later, after receiving Miranda warnings, defendant admitted he
was present when she died. He ultimately told Cook that Wright choked and died in her
sleep. Defendant claimed he fed Wright every day. He said her bedsores were beyond
his control and her catheter needed attention, but Wright refused to let him take her to the
hospital. After she died, defendant’s brother cleaned up the mobile home and took
defendant to Oregon and then Arizona, where he stayed with a relative.

Defendant was charged with dependent adult abuse, with allegations that he
proximately caused the death of the victim and personally inflicted great bodily injury.
The court concluded defendant’s taped statements to police did not result from
interrogation, and denied defendant’s motion to exclude them. They were played to the
jury. The jury convicted defendant as charged. He was sentenced to eight years in
prison, including the midterm of three years for abuse of a dependent adult, a five-year
consecutive enhancement for proximately causing the victim’s death, and a three-year
concurrent enhancement for personal infliction of great bodily injury. He timely
appealed.

(footnote: 2 On March 13, 2001, a urologist treating Wright for a urinary tract infection and
incontinence surgically inserted a catheter that needed to be changed every four to six
weeks. He last saw her in November 2001.

3 Further details relating to defendant’s statements are included in the discussion
portion of this opinion.)

PG 4

DISCUSSION

“The scope of our review of [claims alleging Miranda violations] is well
established. We must accept the trial court’s resolution of disputed facts and inferences,
and its evaluations of credibility, if they are substantially supported. [Citations.]
However, we must independently determine from the undisputed facts, and those
properly found by the trial court, whether the challenged statement was illegally
obtained.” (People v. Boyer (1989) 48 Cal.3d 247, 263.)

“The prophylactic requirements of Miranda, supra, are familiar. In order to assure
protection of the Fifth Amendment right against self-incrimination under ‘inherently
coercive’ circumstances, a suspect may not be subjected to an interrogation in official
‘custody’ unless he has previously been advised of, and has knowingly and intelligently
waived, his rights to silence, to the presence of an attorney, and to appointed counsel if he
is indigent. . . . Statements obtained in violation of Miranda are not admissible to
establish his guilt.” (People v. Boyer, supra, 48 Cal.3d at p. 271.)

“[T]he term ‘interrogation’ under Miranda refers not only to express questioning,
but also to any words or actions on the part of the police (other than those normally
attendant to arrest and custody) that the police should know are reasonably likely to elicit
an incriminating response from the suspect. The latter portion of this definition focuses
primarily upon the perceptions of the suspect, rather than the intent of the police. . . . A
practice that the police should know is reasonably likely to evoke an incriminating
response from a suspect thus amounts to interrogation.” (Rhode Island v. Innis (1980)
446 U.S. 291, 300-302, fns. omitted.) 4

It is undisputed that defendant was in custody when he spoke with Cook in Texas.
He was transported in handcuffs from the county jail to an interview room at a police...

(Footnote: 4 An “incriminating response” includes “any response—whether inculpatory or
exculpatory—that the prosecution may seek to introduce at trial.” (Rhode Island v. Innis,
supra, 446 U.S. at p. 301, fn. 5.) Nor is the intent of the police irrelevant, “for it may
well have a bearing on whether the police should have known that their words or actions
were reasonably likely to evoke an incriminating response.” (Id. at pp. 301-302, fn. 7.)

Pg 5

...station. When the interview began at the police station, Cook identified herself, and told
defendant she was there “to talk to him about Joi” and to “find out what happened to
Jo[i]—how she died.” Cook then told defendant she was interested in an earlier comment
defendant made to a police officer during the trip from the jail that she understood to
imply that Joi died from choking. Defendant told Cook that was correct, and proceeded
to talk for approximately 20 minutes about his relationship with Joi and the
circumstances of her death. When an officer interrupted the interview to see if defendant
wanted more coffee, Cook left the room and advised defendant of his rights when she
returned. During defendant’s 20 minute monologue, Cook repeatedly nodded her head,
made affirmative sounds in response to defendant’s statements, and occasionally took
notes. From defendant’s perspective, Cook’s conduct must reasonably be viewed as
likely to elicit an incriminating response and is the functional equivalent of express
questioning.5

In People v. Harris (1989) 211 Cal.App.3d 640, Division Four of this District
concluded the functional equivalent of interrogation occurred as described in Rhode
Island v. Innis when a police officer remarked to a defendant who had declined to talk
with him: “ ‘ “I thought you were going to come back and straighten it out.” ’ ”6 (Harris, supra, at pp. 646, 648-649.) The court concluded the officer’s remark “must be deemed the ‘functional equivalent’ of further questioning,” because the officer “should
have known his remark was likely to draw damaging statements from appellant.” (Id. at...

(Footnote: 5 After Cook read defendant his rights, he continued to talk and deny he was with
Wright when she died. After a break, Cook told defendant his brother was in custody and
had told a different story. When he was accused of not telling the truth, defendant asked
for an attorney, and the interview ended. But defendant kept talking while Cook
accompanied him back to the county jail. Cook told him she could not talk to him after
he invoked his rights. She obtained a second waiver and made an audiotape recording of
defendant’s remaining statements. Defendant then admitted that he, and not his brother,
was with Wright when she died.

6 The officer was apparently referring to an earlier telephone conversation when
defendant, who had left town, agreed to return. (People v. Harris, supra, 211 Cal.App.3d
at pp. 644-645.)

Pg 6

pp. 648-649; see also People v. Boyer, supra, 48 Cal.3d at pp. 274-275 [after defendant
invoked his right to counsel, a police officer invited him to make an incriminating
response when the officer “advised, in effect, that defendant was still under suspicion and
that investigation of his involvement would continue”].) A similar conclusion is
warranted here.

Cook should have known that her words and conduct were “reasonably likely to
elicit an incriminating response” from defendant. (See Rhode Island v. Innis, supra, 446
U.S. at pp. 301-302.) She told defendant she was in Texas to interview him and get
information from him about Wright’s death. She accompanied him from the county jail
to an interview room at a police station equipped with recording devices. She expressed
a specific interest in defendant’s earlier comment that Joi choked to death, effectively
inviting him to respond and thereby increasing the likelihood that he would incriminate
himself by speaking about her death.

The Attorney General now argues that Cook was waiting for him to “ ‘come up for
air’ ” to read him his rights, but our review of the videotape of the interview indicates
Cook never attempted to interject until defendant had spoken for about 20 minutes. Cook
had 15 years of experience as an investigator, 25 years as a peace officer, and had
attended “many years of training regarding interviewing and interrogation techniques.”
The fact that she did not ask defendant explicit questions does not end our inquiry
regarding whether there has been a Miranda violation. (See Rhode Island v. Innis, supra,
446 U.S. at p. 299, fn. 3 [“To limit the ambit of Miranda to express questioning would
‘place a premium on the ingenuity of the police to devise methods of indirect
interrogation, rather than to implement the plain mandate of Miranda.’ ”].) Cook should
have known her comments were likely to draw damaging statements from defendant, and
should have given him Miranda warnings at the beginning of the interview. (See People
v. Harris, supra, 211 Cal.App.3d at pp. 648-649; see also Rhode Island v. Innis, supra, at
p. 302.)

The Attorney General concedes that the cases relied upon by the trial court are
factually distinguishable. (See People v. Ray (1996) 13 Cal.4th 313, 337-338 [no...

Pg 7

...interrogation occurred when an imprisoned defendant, evidently motivated by a religious
conversion, contacted prison authorities to discuss his crimes in another state]; People v.
Clark (1993) 5 Cal.4th 950, 985-986 [police officer had no reason to know that his casual
estimate of possible penalties, in answer to the defendant’s question during their ride to
the hospital, would produce an incriminating response, and the record instead
“demonstrate[d the] defendant’s desire to unburden himself by confessing the murder”].)
The same is true of the cases cited in the respondent’s brief on appeal. (See, e.g., People
v. Haley (2004) 34 Cal.4th 283, 290, 302 [officer’s brief statement informing defendant
about the evidence against him at the time of his arrest was not likely to elicit an
incriminating response]; People v. Edwards (1991) 54 Cal.3d 787, 814-816 [deputy’s
affirmative response when defendant asked if he could light a cigarette, which preceded
defendant’s volunteered confession, did not constitute interrogation].)

Nor do we agree with the Attorney General that the introduction of defendant’s
unwarned statement was harmless beyond a reasonable doubt, because defendant denied
culpability. (Cf. Rhode Island v. Innis, supra, 446 U.S. at p. 301, fn. 5 [“If a statement
made were in fact truly exculpatory it would, of course, never be used by the
prosecution.”].) The jury watched the entire videotape of defendant’s interview at the
police station, when he denied being with Wright at the time of her death. The jury also
heard the audiotape of defendant’s later statement in the patrol car, when he admitted he
was with her when she died at the motel. The contradictions between defendant’s earlier
and later statements to Cook formed the basis of the prosecutor’s repeated arguments to
the jury that discrepancies in his statements should be considered as circumstantial
evidence of defendant’s guilt. The court also instructed the jury: “If you find that before
the trial the defendant made a willfully false or deliberately misleading statement
concerning a crime for which he’s now being tried, you may consider that statement as a
circumstance tending to prove a consciousness of guilt.” The jury deliberated over
several days, and heard evidence that Wright refused medical treatment and that her
malnourishment could have been caused by her multiple sclerosis. The evidence of
defendant’s guilt was not overwhelming. We cannot conclude that the admission of...

Pg 8

...defendant’s statement obtained in violation of Miranda was harmless beyond a
reasonable doubt even in light of his statements made after he received Miranda
warnings.7 (Chapman v. California, supra, 386 U.S. at p. 24; Hinman v. McCarthy (9th
Cir. 1982) 676 F.2d 343, 352.)

DISPOSITION
The judgment is reversed.
_________________________
Siggins, J.
We concur:
_________________________
McGuiness, P.J.
_________________________
Pollak, J.

7 Because we reverse on the Miranda issue, we do not address defendant’s
additional allegations of error with regard to the jury instructions and sentencing.

Derek Bowman arrested on warrants

Derek Bowman arrested on warrants
http://www.eurekareporter.com/ArticleDisplay.aspx?ArticleID=18405
12/12/2006

Derek Bowman was arrested late last week on two warrants and remained in custody Tuesday.

On Friday, Humboldt County Sheriff’s deputies arrested Bowman, 25, of Loleta, on no bail warrants for second degree burglary and forgery.

Bowman is the son of Leonard Bowman, the chairperson of the Bear River Band of Rohnerville Rancheria.

In July, Bowman was sentenced to 180 days, less time served, in the Humboldt County jail for a probation violation. However, according to jail personnel, he was released Sept. 11 to serve the rest of his time in the Humboldt County Sheriff’s Work Alternative Program.

His most recent arrest violates the terms of his SWAP.

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

Related stories:
ER - Bear River members seek chairperson's recall
ER - Gallegos sidesteps questions about possible conflict of interest in Bowman charges
ER - Questions without answers hinder our newsgathering
ER - Bowman story not accurate
ER - Contribution made because Gallegos was the better of the two
ER - Questions remain in DA's handling of Bowman charges
ER - Bear River official discusses financial contributions from tribe
ER - Tribe's contribution to DA's campaign was made by the Tribal Council, not Bowman
ER - Gallegos is 'public servant,' not Legal Spiegel
Ethical quagmire created by Gallegos' acceptance of casino's contribution
ER - It's telling that Gallegos witch hunt didn't start until firing of Dikeman
ER - Writer appreciates editor's note that identifies writers
ER - Residents deserve answers to questions asked of DA's Office
ER - Bitter? You bet!
TS - Donations not improper, says Bear River Band
TS - DA's office: State OK'd handling of plea deal
NCJ - Best enemies

Comments from TS article re Jonni Honda

The online comments from the Times Standard Story on the shooting of Jonni Honda are included here - posted as the first comment on this post - for those who cannot access the comments on the TS site. There were 113 comments at the time. For more up to date comments go to Standoff ends in shooting

Click on comments - below

ER - Questions remain in DA's handling of Bowman charges

Questions remain in DA's handling of Bowman charges
by Heather Muller , 9/29/2006

Humboldt County District Attorney Paul Gallegos declined again Thursday to answer specific questions raised by The Eureka Reporter regarding a possible conflict of interest in the DA’s Office, while statements by two Gallegos subordinates answered some questions and raised others.

The controversy centers around a $10,000 contribution made to Gallegos’ re-election campaign by the Bear River Band of Rohnerville Rancheria, chaired by Leonard Bowman.

On July 19, less than six weeks after the election, Leonard’s son, Derek Bowman, received a plea deal from the DA’s Office involving nine felony and two misdemeanor charges, in which seven of the charges were dropped and sentences on the remaining charges were suspended.

Derek received jail time only for a 12th charge, a violation of the terms of his probation. Judge Timothy Cissna sentenced him to 180 days, less time served, in the Humboldt County jail. According to jail personnel, he was released Sept. 11 to serve the rest of his time in the Humboldt County Sheriff’s Work Alternative Program.

In a heated letter Tuesday to The Eureka Reporter, Deputy District Attorney Max Cardoza denied that there was any connection between the Bear River campaign contribution and the handling of Derek’s cases by the DA’s Office.

Cardoza, one of five attorneys in the DA’s Office named in court documents as having handled Derek’s charges, stated that Gallegos had taken appropriate measures to remove himself from the July 19 plea deal.

“Included with the files was a copy of a memo from Mr. Gallegos to Assistant District Attorney Wes Keat suggesting that neither he (Mr. Gallegos) nor former Deputy District Attorney Worth Dikeman should have anything to do with the matters because of the potential conflict or appearance of conflict involved therein.”

But a few hours later, Cardoza sent a second e-mail to The Eureka Reporter stating that he had written the above “without reviewing the files in their entirety.”

In fact, Cardoza wrote, he did not see the recusal memo when he originally had stated, because it was not written by Gallegos until July 24, five days after the plea deal was presented in court.

“So, the bottom line is, I was wrong about when I originally saw Paul’s memo,” Cardoza wrote. But, he added, the error didn’t change what he called “the basic fact: Paul never spoke to me about the cases before I entered into the plea agreement and he authored the memo without knowing that pleas had been entered.”

Assistant District Attorney Wes Keat said in a Wednesday phone call that additional measures were taken to ensure Derek was treated the same as any other defendant.

Keat said he called the California Attorney General’s Office in July and “ran the scenario by” a man whose name he didn’t remember on a date he didn’t recall.

When asked if attorneys typically keep records of phone calls like these, Keat said he had no record of the call but knew that he had made it to the AG’s San Francisco office.

“The other paper was incorrect in the information they printed. I didn’t call Sacramento, I called San Francisco. … Usually, I talk to a lady called Joyce Blair, a supervising deputy attorney general. But she was not in the office, and a gentleman was.”

Keat said the call had been made in mid-July. When asked if he could be more specific about the date, he replied, “I think it was on the 19th,” which is the same day the plea deal was presented in court.

Keat said he did not know if the call had been made before or after the deal was presented.

“When we looked at the files, we reached the conclusion that it was all happening simultaneously,” he said. “The gist, though, is that Cardoza did it all independently.”

Also on Wednesday, Blair at the AG’s San Francisco office confirmed by phone that she had not received a call from Keat, and added that she had not heard from other deputy attorneys general in the office that such a call had been received. She told The Eureka Reporter that she would “ask around” to see if anyone remembered Keat’s call.

On Thursday, Blair called back and said she had no information about who might have taken the call. “This is a big office,” she said.

Cardoza’s Tuesday letter additionally criticized The Eureka Reporter for declining to speak with him directly, as one of the attorneys in the DA’s Office who handled Derek’s charges.

“I find it rather telling,” Cardoza wrote, “that, to my knowledge, no one from your newspaper attempted to contact me regarding the facts of this matter prior to the publication of the article.”

A request for comment Thursday was declined by Cardoza.

In an e-mail exchange with The Eureka Reporter, Cardoza explained that he had a busy court calendar, and added, “As far as my responsibility to the media is concerned, I invite your attention to the California Public Records Act, the California Rules of Professional Conduct, the American Bar Association Model Code of Professional Responsibility and the National Prosecution Standards. I will continue to fulfill my responsibilities as set forth therein to all media outlets, including yours. If you feel I am in violation of any or all of those directives, I suggest you file a formal complaint with the California State Bar.”

When asked by e-mail if his refusal to comment contradicted the point raised in his criticism of the original story, and if professional standards would have precluded his response, Cardoza replied, “No, and I would thank you not to bother me with any further clumsy attempts to put words in my mouth.”

Cardoza referred to what he called the “sloppiness” of the original story and suggested that this newspaper might not have contacted him prior to its publication because information contradicting “preconceived notions” might have been received.

“I referred you to the various sources of professional standards for prosecutors so that, if possible, you could educate yourself on a prosecutor’s professional and ethical responsibilities when it comes to dealing with the media,” Cardoza wrote. “If you do so, perhaps you will refrain from making any future ham-handed attempts to strong-arm me into giving you what you want when you want it.”

Numerous requests for comment on the original story were made to Gallegos, whose campaign received the contribution. Messages were left at his direct office phone line, at the general phone line at the DA’s Office, at his cell phone number and at his e-mail address. Instead of answering specific questions forwarded to him by e-mail after he declined to speak directly, Gallegos sent an e-mail message that stated only the following: “This office operates without fear or favor.”

Early Thursday afternoon, The Eureka Reporter again requested responses to specific questions from Gallegos and Keat. A short time later, Gallegos responded in brief (see below).

Court documents state that among charges against Derek dismissed as part of the plea agreement were felony threat of death or great bodily injury to a 17-year-old girl, felony domestic battery against a different 17-year-old girl and misdemeanor battery against Bowman’s mother-in-law, Cheree Bowie.

The first of those charges, California Penal Code 422, is a “strike” felony under the California Three Strikes Law. Court files show that in the third charge, Derek was accused of hitting Bowie in the face three times as she was held down by her daughter and a second female.



(Rebecca S. Bender contributed to this report.)




District Attorney Gallegos responds in e-mail exchange


To Paul Gallegos and Wes Keat, from Heather Muller
If either of you has time to speak today regarding a follow-up on our Sept. 26 story, please contact me at your convenience.

From Wes, we’re hoping to learn if he has any additional details about the phone call he reported making to the Attorney General’s San Francisco office. We have not been able to confirm with that office that the call occurred.

From Paul or Wes, we’d like to know if the plea deal reached in the Derek Bowman case was typical of the kinds of deals reached by the DA’s Office — nine felonies, two misdemeanors, an extensive criminal history and no time requested except on a separate probation violation. An explanation is warranted.
We would also like to clarify a statement made by Max Cardoza, who evidently is declining to speak to us. He said that Bowman was now a convicted felon, which I think is technically, although not entirely, accurate. Is it not true that because of the way his sentence was suspended, those charges would be reduced to misdemeanors at the conclusion of his probation?

We are also waiting for the district attorney to address specific questions previously raised by this newspaper and sent to him by e-mail Sept. 22. If those questions need to be resubmitted, please advise.


To Heather Muller, from Paul Gallegos
As I said before, my office operates without fear or favor. Max Cardoza is (a) highly qualified, experienced, aggressive prosecutor whose judgment I respect and trust.


To Paul Gallegos, from Glenn Franco Simmons
We are not doubting anyone’s professionalism. We only want some answers to our questions. As the leader of your organization, we contacted you. If you are directing us to contact Mr. Cardoza, then perhaps I should send you the e-mails he sent me basically stating that he won’t speak to us. Why won’t anyone answer our questions?


To Glenn Franco Simmons, from Paul Gallegos
Both I and my attorneys have always made ourselves extremely available to your reporters and you. This e-mail further confirms that.

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

Googling Gallegos

A sampling of the Gallegos on the net:

Another Victory! Thank you for your help! | VotePaul.org
Humboldt County District Attorney Paul Gallegos spent Tuesday evening with ... District Attorney Paul Gallegos is absolutely doing the right thing by ...
votepaul.org/ - 23k - Cached - Similar pages

Paul Gallegos: Representing the People of Humboldt County ...
Paul Gallegos has a vision for a safer, more just future for Humboldt County. ... While Paul Gallegos has been in office as our Humboldt County District ...
votepaul.org/reelect_paul - 13k - Cached - Similar pages

[ More results from votepaul.org ]

Help Humbolt Cty D.A. Paul Gallegos show all people are equal ... - 9:59pm
Just weeks after taking office, Paul Gallegos stunned everyone by filing a major ... Paul Gallegos was elected district attorney in March 2002 and took ...
www.ratical.org/corporations/PaulGallegos.html - 40k - Cached - Similar pages

Yes on T! Vote Local Control June 6th!
Paul Gallegos, Humboldt County District Attorney, speaks at the Community Forum on Measure T on April 25th, 2006. 5 minutes : 55 seconds (make take several ...
www.votelocalcontrol.org/gallegos.htm - 10k - Cached - Similar pages

Oregon's Karl Rove
This is the part of the story that you might know: In 2002, Paul Gallegos, a 40-year old Democrat, relocated from Southern California, ran for and won ...
www.hartwilliams.com/ava/ava0106.htm - 32k - Cached - Similar pages

Guide to Humboldt County for business, jobs, news, real estate ...
Do you think new District Attorney Paul Gallegos is doing a good job? What's up with this poll? - A blog opinion. Times-Standard Article. Answers: ...
www.humguide.com/poll.php?topic_id=42 - 25k - Cached - Similar pages

MAXXAM AND PACIFIC LUMBER'S BANKROLLING OF DISTRICT ATTORNEY RECALL
EUREKA -- Houston-based Maxxam Corp., parent company of Pacific Lumber Co., this week put another $75000 into the recall of District Attorney Paul Gallegos. ...
www.headwaterspreserve.org/html/updates_update_8.html - 26k - Cached - Similar pages

KMUD picture gallery - ThankJah Friday Night/Joanie and Paul Gallegos
Paul Gallegos received a specially made T-shirt from Tiedye Steve. The back of the shirt depicts "The D.A.'s spine". ...
www.kmud.org/cpg/displayimage.php?album=27&pos=3 - 12k - Cached - Similar pages

Paul Gallegos Wins Re-Election : Indybay
Paul Gallegos Wins Re-Election. by Jaybird Harvey Wednesday Jun 7th, 2006 11:48 AM. For the third time in four years, Humboldt County District Attorney Paul ...
www.indybay.org/newsitems/2006/06/07/18274071.php - 33k - Cached - Similar pages

watchpaul: Paul Gallegos is on vacation again...Gone surfin' - Nov 29
Important documents and discussion relating to Humboldt County District Attorney Paul Gallegos and his handlers who seek to gain power through the ...
watchpaul.blogspot.com/2006/11/ paul-gallegos-is-on-vacation-againgone.html - 82k - Cached - Similar pages

[PDF]
Paul V. Gallegos: Courage Under Pressure
File Format: PDF/Adobe Acrobat - View as HTML
Thus, when Humboldt County District Attorney Paul V. Gallegos decided to ... and I voted for Paul Gallegos. Unfortunately, now we see what his true platform ...
www.jfklibrary.org/.../33574/ 2005WinningEssaybyKevinZhouPaulGallegos.pdf - Similar pages

[PDF]
EXHIBIT 1 INTRODUCTION Respondent Paul V. Gallegos was a first ...
File Format: PDF/Adobe Acrobat - View as HTML
Respondents Paul V. Gallegos, Paul V. Gallegos for District Attorney, and ... In this matter, although Respondent Paul Gallegos was a first- ...
www.fppc.ca.gov/Agendas/09-05/03-107exh.pdf - Similar pages

Paul Gallegos wins Humboldt County DA Race : Indybay
Paul Gallegos wins Humboldt County DA Race. Wed Jun 7 2006 (Updated 06/12/06) Voters want independence between prosecutors, police ...
www.indybay.org/newsitems/2006/06/07/47642.php - 51k - Dec 10, 2006 - Cached - Similar pages

[PDF]
Help Humbolt Cty D.A. Paul Gallegos show all people are equal ...
File Format: PDF/Adobe Acrobat - View as HTML
Just weeks after taking office, Paul Gallegos stunned everyone by filing a. major fraud lawsuit against the corporation. That event set off a firestorm ...
www.ratical.org/corporations/PaulGallegos.pdf - Similar pages

Safe Access to Medical Marijuana - Nov 25
Paul gallegos(center) with Chris Conrad and Jason Fishbain of SAN, ... EUREKA -- Humboldt County District Attorney Paul Gallegos said this week he's moving ...
www.safeaccessnow.net/endorsements.htm - 15k - Cached - Similar pages

Voter Information for Paul Gallegos. June 6, 2006 Election
Smart Voter, Paul Gallegos. Candidate for District Attorney; County of Humboldt. [line]. The information on this page and on all pages linked below is ...
www.smartvoter.org/2006/06/06/ca/hm/vote/gallegos_p/ - 6k - Cached - Similar pages

E-Mail Exchange with Humboldt DA Paul Gallegos & the Toxic Reverend
Red Collar Crimes Kill, are you their next victim,Documentation of corrupt government, mental health, military, health care, forced psyche medication, ...
www.angelfire.com/hi/soberskidrow/daex.html - 24k - Cached - Similar pages

North Coast Journal - Feb. 19, 2004: COVER STORY - Just another ...
Shadowing Paul Gallegos -- Cover story of Feb. 19, 2003 North Coast Journal Weekly of ... Shadowing Paul Gallegos [photos of Gallegos with youngest child ...
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Vote NO on the DA Recall - Friends of Paul Gallegos - Humboldt ...
Meanwhile, the Friends of Paul Gallegos raised just over $76000 between mid-January and mid-February from roughly 1800 individual contributors. ...
archive.votepaul.org/modules. php?name=News&file=article&sid=79 - 23k - Cached - Similar pages

Vote NO on the DA Recall - Friends of Paul Gallegos - Humboldt ...
District Attorney Paul Gallegos was met with cheers from hundreds as he walked through the door at Lost Coast Brewery in Eureka around 8:30 p.m. Tuesday ...
archive.votepaul.org/modules. php?name=News&new_topic=2 - 37k - Cached - Similar pages

[ More results from archive.votepaul.org ]

Paul Gallegos & the Toxic Reverend

This one is worth the price of admission, but for the sake of saving space, I will post a link here and include the full text as the first comment on this post.

E-Mail Exchange with Humboldt DA Paul Gallegos & the Toxic Reverend
Subjects: Homicide by Pacific Lumber while poaching Redwood trees not prosecuteted
Homeless Tickets and the Criminalization of Homelessness

E-Mail Exchange with Humboldt DA Paul Gallegos & the Toxic Reverend
Red Collar Crimes Kill, are you their next victim,Documentation of corrupt government, mental health, military, health care, forced psyche medication, ...
www.angelfire.com/hi/soberskidrow/daex.html - 24k - Cached - Similar pages

Paul Gallegos viral email

For those coming to view this blog from outside Humboldt County, the lawsuit used here to generate money NEVER EVEN MADE IT INTO COURT, it NEVER PASSED DEMURRER, it was found to have NO MERIT. Three Years have passed, and Paul Gallegos has finally filed an APPEAL of that decision.

While he has dedicated his office to the pursuit of this case - the tilting at windmills - the "gallant" Gallegos has presdied over the complete decimation of his office, lost almost every single experienced prosecutor Humboldt County had, been unable to refill those positions, has lost many key grants that fund important programs that serve the people, the victims of real crimes in Humboldt County. The Humboldt County Grand Jury has issued a scathing report outlining his failure to do his job, there have been incidents of plagiarism on the part of Paul Gallegos (in fact you may want to google key phrases from his "My Word's"), there have been allegations of bribes and payoffs for having sentences reduced (he disputes that of course), if you have come onto this blog looking for answers, I hope the articles collected here help you. the new Blogger "LABEL" feature makes cross referencing easy, too.

You will find many many articles across the web about the "gallant: Gallegos and his fight against the Goliath Maxxam - this is the real story, not the PR orchestrated hype that you are used to seeing.

Salzman and Paul's handlers live and die online, and that is where they solicit money and support. The following is an example of Michael Shellenberger's favorite new tool, viral email:

***

back to corporations | rat haus | Index | Search | tree
( PDF | ASCII text formats )

From: Paul Cienfuegos
Date: Friday, May 02, 2003 12:28 PM
Subject: Humboldt County (California) urgently needs your help

Dear friends across the United States, from the people of Humboldt County struggling against Maxxam Corporation,
As many of you probably already know, we have a world-famous case here of corporate fraud and environmental destruction caused by Maxxam Corporation, which is headquartered in Texas (CEO: Charles Hurwitz) and is chartered in Delaware. In November of 2000, in an upset election that toppled the good-old-boy power structure here, a dissident District Attorney was elected by the people of our county to replace a D.A. who had been looking the other way for years as Maxxam Corp violated the law literally hundreds of times. Just weeks after taking office, Paul Gallegos stunned everyone by filing a major fraud lawsuit against the corporation. That event set off a firestorm across California's north coast. And because Maxxam still runs the county politically, its allies have responded by quickly organizing a recall campaign to oust our new D.A. as quickly as possible before he shakes things up too badly.
The reason that I'm writing to all of you is that we urgently need your help here to defend our new D.A. from the recall campaign while simultaneously supporting his bold move to sue Maxxam for fraud.
Below, you will find a brief note from Richard Salzman who is coordinating the local campaign to support the D.A. and his historic lawsuit. Justice will not be served in this county unless we can raise substantial amounts of money to at least try to match what the corporation's supporters are already raising in their already vicious media campaign against Gallegos. Thus I am asking you to consider making a generous donation toward this cause.
Also below, you'll be able to read an Op-Ed written by our D.A. in our local daily last week, followed by two major articles about the issue from the Los Angeles Times and the Daily Journal.

Please respond not to me, but to Richard Salzman.
Thanks in advance,
Paul Cienfuegos
Arcata, CA
Co-director, Democracy Unlimited of Humboldt County


A note from Richard Salzman to our supporters across the nation
Last year the residents of Humboldt county, on California's redwood coast, elected Paul Gallegos, a man of the people, not beholden to any special interest as District Attorney in an upset victory against the incumbent DA of 20 years, best known for his authorization of the use of pepper spray as a pain compliance technique on non-violent protesters. Eight weeks after taking office and one day before the four year statue of limitations ran out, he filed a lawsuit alleging fraud against Maxxam corporation's wholly owned subsidiary Pacific Lumber. Pacific Lumber's apologists have now launched a recall of the district attorney in hopes of removing him from office in order to avoid answering these charges in a court of law.

This is clearly a David and Goliath story when viewed from the national stage. A community faced with having exercised true democracy now being subverted in the most overt manner by an out-of-state corporation using all the worst tactics of instilling fear in their workers and promoting hate-mongering against any who dare oppose them. We will need the support of concerned citizens from throughout the country if we are to keep Maxxam from buying this election. We have invested all we have on producing a series of nine commercials which we are now putting into rotation.

In order to buy the air time to run the whole series, we will need to raise some $30,000 (what their campaign had already raised by the time they served Paul the notice of recall) over the next few weeks/months. In addition to financial support we are asking voters around the country to write to their representatives as well as to ours, urging their support of our beleaguered DA. We need elected officials nationwide to speak up in outrage over this attempt to circumvent justice and buy an election. This story has been covered in both the New York Times and the Los Angeles Times as well as the San Francisco Chronicle and papers in DC and elsewhere. We encourage people to speak out wherever they live in opposition to this attempt to circumvent justice.

Yours in solidarity,

Thanks for your support.
Richard Salzman - coordinator
Alliance for Ethical Business
po box 387
Eureka Ca 95502
707.845.3700
aeb@inreach.com

"The Alliance for Ethical Business is a citizens group working to ensure that corporate fraud and illegal business practices are prosecuted in a court of law."


MY WORD
All people are equal under the law
by Paul Gallegos
27 April 2003
Eureka Times-Standard

To the people of Humboldt County:

One of the primary goals of our society is to realize the unfulfilled promise that all people are equal before the law. I was elected district attorney by the people of Humboldt County because they share my commitment to fulfilling this promise.

Shortly after taking office we became aware that Pacific Lumber Co. may have engaged in fraudulent conduct. We had a duty to investigate the matter and did. As a result of that investigation and the evidence we uncovered, we filed a lawsuit against them.

Because it is a matter which will be resolved in court, I do not wish to discuss the details of it here. Nor will I engage in a discussion about the possible outcomes. As with all court cases, the pleadings which have been filed are public records and are available for public inspection. For convenience we have placed a copy of the complaint and other documents of public interest at our web page at http://www.co.humboldt.ca.us/distatty/.

However, I would like to explain what this case is not about. It is not about whether Pacific Lumber Co. is being properly regulated by the government. Nor is it about forestry and water laws. It is not an attempt to put any company out of business or to end logging. Clearly the wealth of our county is tied to the wealth of our people. Rather, it is about fraud and, ultimately, whether our laws apply to all or just some of us.

It has been suggested that we should not have filed this case against the biggest business in Humboldt County. This suggestion is troubling and perplexing, as it implies that we either do or should have different rules for people based on their wealth or political power. Clearly, this cannot be.

Nobody is above the law. This fundamental principle was at the heart of the American Revolution more than 200 years ago. As American citizens, we are not bound by race or religion but by the beliefs enshrined in our Constitution and the Declaration of Independence. I know we all share these beliefs and a commitment to their fulfillment. I also know that it is our individual conduct that gives meaning to these beliefs and that they will only be realized by our commitment to fulfilling them.

Some people say that our suit against Pacific Lumber defined me. My response is that it has not defined me, it is defining US. We are all in this together. It is a painful process. But we will come through it together and be better for it because all people will know that in Humboldt County all people are equal under the law and no one, not even the most rich or most powerful, gets preferential treatment.

As your DA, I know where I stand. It is where I have always stood: for equal treatment before the law. As readers of this paper know, I wasn't the candidate predicted to win the election. I didn't have nearly as much money as my opponent. I wasn't well-connected. I had never before run for public office. However, I won because the people of Humboldt County elected me. They elected me for the very change that some seek to prevent.

I am honored and privileged to have the responsibility of serving the people of Humboldt County. I am honored and privileged to have the opportunity to work with the people at this office, who work tirelessly to serve this community. I know that I can comfortably speak for all of them when I say that we feel fortunate to have the opportunity to work for you.

Thank you.

Paul Gallegos was elected district attorney in March 2002 and took office in January. He lives in Eureka.

Copyright © 2003 Eureka Times-Standard
Reprinted for Fair Use Only.

D.A. in Hot Water After Taking on Logger
by Kenneth R. Weiss
Los Angelese Time Staff Writer, April 27, 2003
EUREKA, Calif. -- Barely three months in office, Dist. Atty. Paul V. Gallegos faces a recall campaign, threats of lawsuits and court sanctions -- all after he brought civil fraud charges against a powerful timber company that has become a symbol of a beleaguered way of life.

An emigre from Southern California, Gallegos is a political neophyte in a north coast county that, since the mid-1980s, has been a battleground over logging practices that imperil some of California's last giant redwoods.

Although he doesn't view himself as an environmentalist and was elected last year with broad support, he now finds himself undercut by a local establishment that links him to the anti-logging counterculture.

"Mr. Gallegos is stirring up trouble," said Robin Arkley Sr., a former timber mill owner who pledged $5,000 to launch the recall campaign. "He's threatening our way of life."

Arkley, 78, said he and other "good ole boys" are fed up with Gallegos and his kind. "It's us against them," he said. "We're going to take back the county from the ardent environmentalists, the college community and the hippies."

Lawyers for the timber company, Pacific Lumber Co., known here as "Palco," say the D.A.'s suit has no merit and have threatened to countersue if he doesn't drop it. Officials of the two state agencies responsible for overseeing logging practices also have questioned the merits of the suit.

Gallegos said he thought he was doing what he had been elected to do when he charged Pacific Lumber Co. in a civil action with deceiving the California Department of Forestry by failing to disclose that its timber-cutting plans could cause landslides.

Having concealed that information, Gallegos contended, Pacific Lumber was allowed to cut 100,000 giant redwoods, profiting handsomely at the expense of wildlife and downstream neighbors who have suffered from mud flows, flooding streams and other damaging effects of stripping redwoods off steep, unstable slopes.

In leveling such accusations, Gallegos has stepped into a long-running fight in this community and taken on a formidable adversary. Pacific Lumber has been engaged in a herculean struggle to log as it sees fit on its own land -- 211,000 acres that are home to the largest stands of ancient redwood trees that are not in parks or preserves.

Pacific Lumber's owner, Houston financier Charles Hurwitz, has made one major concession to anti-logging forces, and that was for a handsome price. In 1999, the state and federal governments paid Pacific Lumber $480 million to set aside a 7,500-acre Headwaters grove of ancient redwoods. Gallegos' lawsuit may turn on language in that deal that dictated how the company could log the rest of its land.

Gallegos, 41, a USC graduate, moved to Eureka nine years ago after he and his wife fell in love with the sparkling air and the beauty of Humboldt Bay, with its backdrop of towering trees.

The upbeat district attorney, whose youthful exuberance puts a bounce in his stride, is part of the latest wave of white-collar newcomers to arrive in what was once a county dominated by fishing and logging.

Humboldt County's economy today is driven by jobs in government, tourism and service industries. Even Pacific Lumber's payroll is down to 800 employees -- from a peak of 1,500 -- as it continues to lay off workers and shift logging work to outside contractors.

Gallegos practiced criminal defense law, took up surfing and coached T-ball and soccer in Eureka, where he lives with his wife and three young children. Then he decided to run for district attorney last year.

He insists that he hadn't fallen in with any faction in Humboldt County: the third-generation loggers, the Green Party and other left-leaning interests associated with Humboldt State University or the aging hippies who arrived during the 1970s' back-to-the-land movement and established deep roots as small-business owners or backwoods pot growers.

Gallegos opposed a recently stepped-up tree-sitting campaign, and he prosecutes trespassing activists who try to save old redwoods from Pacific Lumber's chainsaws by scampering up the massive trunks and locking themselves to the trees' boughs.

Gallegos refrains from calling himself an environmentalist, although he said he is concerned about the sustainability of "lifeboat Earth" and the "need to do everything in a sustainable fashion so our kids will have a place to live."

His campaign for district attorney focused on a fair and practical application of the law, and didn't bring up the environment -- although his campaign did receive some assistance from Green Party members. He upset 20-year incumbent D.A. Terry Farmer and won 52% of the vote.

Within days of taking office in January, say Gallegos and his top assistant, Timothy Stoen, they were presented information by a local landowner about Pacific Lumber that raised a suspicion of corporate malfeasance rather than violations of environmental law.

According to the D.A.'s lawsuit, Pacific Lumber submitted false data showing that intensive logging on steep slopes would not cause landslides and lobbied the director of the California Department of Forestry to allow more logging on unstable slopes. Under the terms of the Headwaters deal, logging that could cause such damage was prohibited.

The deception, the lawsuit said, helped Pacific Lumber step up the rate of harvest and earn an extra $40 million a year. Prosecutors seek $250 million in damages for the allegedly illegal harvesting of an estimated 100,000 trees on unstable slopes.

Jared Carter, Pacific Lumber's longtime attorney, said, "No effort was made to suppress" information. "There has been no harvesting on these unstable areas." The district attorney, Carter said, is being "misled" by a group of environmental activists on a crusade to halt Pacific Lumber from harvesting timber on its own land. "What do you expect us to do, other than take every action to defend ourselves?"

The D.A.'s defenders scoff at the idea that the lawsuit is merely a tool of tree-sitters or less radical activists bent on saving every last ancient redwood.

"We're not eco-environmental freaks," said Kristi Wrigley, a third-generation apple farmer. "We've never spoken out against logging. We're speaking up for clean water."

She seethes over the silt and mud flowing down the Elk River that has sullied her source of fresh water, flooded her farm five times this past winter and smothered the roots of what were once her most productive apple trees.

The district attorney, she said, is "right on the mark," but she fears "he will be strangled by politics, just as politics have strangled us. Money is going to win."

Pacific Lumber's detractors say the company has a history of reckless logging practices. Twice in the late 1980s, the state Department of Forestry suspended the firm's license to cut timber, citing more than 100 violations of the state Forestry Practices Act. Most were for careless logging operations during wet weather and a failure to control erosion.

For Gallegos, the first sign of a backlash came when he arrived at work one day last month and found the Humboldt County courthouse surrounded by logging trucks and a picket line of loggers carrying placards that read: "Recall the D.A."

It was later that day in mid-March that the county Board of Supervisors, in an auditorium full of rowdy loggers, rejected the district attorney's attempt to hire a lawyer from out of town to help prosecute the civil fraud case.

Supervisor Roger Rodoni, a cattle rancher who leases 2,000 acres of grazing land from Pacific Lumber, led the 4-1 majority against paying the expenses of Joseph W. Cotchett, a Burlingame attorney with a record of winning corporate fraud cases.

Since then, the district attorney has received a letter from another firm on Pacific Lumber's legal team, threatening to sue him and the county. He recently was served with legal papers saying Pacific Lumber would seek court-imposed sanctions to recover legal bills that, Carter said, have climbed quickly to more than $100,000.

To Cotchett, who still wants to join the prosecution, the scene is unfolding like a Jimmy Stewart movie in which a fresh-faced reformer confronts powerful vested interests.

"It's clear they are trying to intimidate him," said Cotchett, who believes the case has a lot of merit. "If those facts, as alleged, are true," he said, "then Pacific Lumber has a big problem."

But the company also has allies.

Recently, both the California Department of Forestry and the state Department of Fish and Game, in letters sent to the Humboldt County supervisors, have questioned the D.A.'s fundamental assertions.

Both agencies assert that the steep slopes most susceptible to landslides have been protected under other provisions of the Headwaters deal, and thus the incorrect information didn't put these areas in jeopardy.

Yet both of these agencies, which approved the Headwaters deal, acknowledge they are bound by a paragraph-long "mutual defense pact" tucked inside the voluminous document by Pacific Lumber's lawyers. It requires them to join with the firm to defend the Headwaters deal, including the company's timber harvesting plans, which have been targeted by other lawsuits from environmental and labor groups.

Blocked from hiring outside legal help, Humboldt's district attorney approached California Atty. Gen. Bill Lockyer for assistance in the prosecution. That help has yet to materialize.

Lockyer declined to comment, but aides pointed out a conflict he faces because of his duty to represent the two agencies -- Forestry and Fish and Game -- that have been taking issue with the case.

"We like to help local prosecutors, but we must take direction from our client agencies," said Tom Dresslar, spokesman for Lockyer. "It's not a very comfortable situation for anyone in this office."

Gallegos said he will not drop the lawsuit, even if it costs him his job.

He characterized the unfolding events as politics interfering with justice in a region that needs to shake its habit of subservience to timber interests.

"This is a test for this community," Gallegos said. "Some people think they should be exempt from the law because of how much money they have or how much they contribute to the community. I do not."

Times researcher Maloy Moore contributed to this report.

Copyright © 2003 Los Angeles Times
Reprinted for Fair Use Only.

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