ER - It ain't over until it's over - Ken Miller

Better title is "Desperation"

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It ain't over until it's over
by Ken Miller, 7/27/2005

We should not forget that the evidence alleged in the DA’s lawsuit vs.
PL argues that Maxxam PL committed fraud during the Headwaters
Agreement in order to obtain a rate of harvest that would allow Hurwitz to
refinance PL’s long-term debt by liquidating PL’s forest inventory.

This alleged scam has cost our county hundreds of millions of dollars
in impacts to private property and infrastructure, and the compromised
future of our timber and fishing industries.

Is anyone surprised that Maxxam PL would pull off such a stunt? If so,
check out what they did in Owl Creek in 1992
(www.humboldtwatersheds.org). A Nixon-appointed federal judge found them guilty of forging
documents that they then deceptively submitted to government regulators, in
an MO remarkably similar to the fraud alleged in the DA’s complaint.
Same with the deceit that led to the loss of their timber license in 1998.

Amid all the attacks on the DA’s Office, and Tim Stoen, we must not
lose sight of the effects of PL’s alleged and proven fraud(s), and the
implications of Judge Freeborn’s ruling.

The judge got the facts and the law wrong. A DA must have the right to
penalize malfeasance in administrative proceedings, to protect
communities from the potentially devastating consequences of lying and cheating
by permit applicants. Otherwise, we will need very big government to
uncover sophisticated scams, and no one wants, or can afford, that.

Allegations against Debi August also would constitute anti-competitive
behavior. Her attorney, Greg Rael, claims that Debi August’s conflicts
of interest do not constitute a “truly serious case of political
misconduct.” I beg to differ. Ms. August has been president, Humboldt County
Board of Realtors, and regional chair, California Association of
Realtors, and a member of the Fortuna Planning Commission for 15 years.

She knows better. What she alleged to have done, which has not been
denied, is blatant insider trading, an inexcusable and intolerable
textbook case of serious political corruption.

The real mystery is why Judith Schmidt, the grand jury foreperson, and
her attorney Allison Jackson, who has it in big-time for Mr. Gallegos,
have not been charged with jury tampering and obstruction of justice.
Their defense? The DA has a vendetta. Perpetrators frequently blame
their accusers of crimes they themselves commit. PL has made a career out
of this strategy.

Tim Stoen has bravely challenged corruption by the well-connected in
pursuing Paul Gallegos’ promise of meting out justice for all. Their
courage should be a beacon for us all.

(Ken Miller is a McKinleyville resident. Opinions expressed in columns
and guest opinions do not necessarily represent those of The Eureka
Reporter or its staff. Readers who would like to respond to this and other
columns and guest opinions may e-mail letters, columns and guest
opinions to editor@eurekareporter.com.)