Wonder why he switched attorneys, why he picked Russ Clanton? Word on the street is that if you want to get off, get Clanton, Gallegos campaign contributor and "best buddy." True? Or not? A little scrutiny is warranted.
Gag order requested in child molestation case
The Eureka Reporter
by Kara Machado, 4/14/2007
http://www.eurekareporter.com/ArticleDisplay.aspx?ArticleID=22791
Matthew Christopher Davis switched defense attorneys Friday, which postponed discussions of a protective order that had been filed by the Humboldt County Public Defender’s Office.
If granted, the protective order — commonly referred to as a gag order — will prevent trial attorneys, court officials and other trial participants from talking to media about the case.
Davis, 23, of Eureka, has pleaded not guilty to six counts of child molestation with a child under the age of 14, second-degree burglary and possession of stolen property.
If Davis is convicted of the child molestation counts alone, he could face a maximum penalty of 36 years in prison, Humboldt County Deputy District Attorney Jeffrey Schwartz has said.
Humboldt County Deputy Public Defender Jonathan McCrone had represented Davis as of last Tuesday — and was the one to file the request for the protective order. But, on Friday, McCrone announced in court that his office has a conflict in representing Davis.
Humboldt County Superior Court Judge W. Bruce Watson further clarified to Davis in court Friday that “for some reasons, (McCrone’s) office has a conflict based on, I assume, a dual representation type of situation.”
Watson then relieved the Public Defender’s Office from representing Davis and Arcata-based attorney Russ Clanton announced that he has been requested to represent Davis.
The topic of the protective order will be revisited — and Clanton’s status as Davis’ attorney will be confirmed — on Monday.
According to the protective order request — a public document filed by the Public Defender’s Office — McCrone noted that Davis disputes the allegations against him “and asserts his innocence.”
McCrone then wrote that details listed in a Humboldt County Sheriff’s Office news release — which was released the day after Davis’ arrest — were “prejudicial to (McCrone’s then) client.”
“I believe that if the coverage of the case continues unabated,” McCrone wrote, “it will be impossible for my client to receive a fair trial.”
When asked what date the protective order request was filed, Schwartz said it was filed on April 11.
“Basically, (McCrone’s) saying that (Davis’ case) looks like a case that might get a lot of publicity,” Schwartz said.
Clanton said since he just received the case, he did not know the specifics on the gag order.
“The first thing I will do is look at the discovery in the case,” Clanton said, “and (the protective order) issue and move forward appropriately.”
Backstory in Matthew Davis case
Few details have been released about the case against Matthew Christopher Davis, which includes charges of child molestation.
The Humboldt County Sheriff’s Office has previously reported, via a news release, that the lack of details about the case is due to “confidentiality laws and to protect the rights of the victim.”
Davis, 23, of Eureka, was a neighbor and acquaintance of the alleged victim, the Sheriff’s Office has reported.
On the afternoon of April 5, the California Highway Patrol was conducting an unrelated, unspecified investigation that led Sheriff’s detectives to Davis.
The Sheriff’s detectives obtained a search warrant and seized several computers and other evidence from Davis’ home, located in the 2100 block of Surfside Court.
At some point on April 5, Davis was arrested and booked into the Humboldt County Correctional Facility.
As of Friday, a jail official reported that Davis remained behind bars on a $250,000 bail — which has significantly increased since his initial booking.
The CHP spokesperson was not available Friday to answer questions about the CHP investigation on Davis.
The Humboldt County District Attorney’s Office has since charged Davis with six counts of child molestation with a child under the age of 14, second-degree burglary and possession of stolen property, Humboldt County Deputy DA Jeffrey Schwartz has confirmed.
Davis pleaded not guilty to the charges Tuesday and Humboldt County Deputy Public Defender Jonathan McCrone was appointed to represent him.
Also during Tuesday’s court proceedings, a criminal protective order was put into place that prohibits Davis from contacting the alleged victim and orders Davis to stay at least 100 yards away from the alleged victim.
On Friday, Arcata-based attorney Russ Clanton announced he had been asked to represent Davis.
At Davis’ preliminary hearing, which is scheduled for April 20, a judge will determine if there is sufficient evidence to warrant a trial.
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
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"GAG" Orders w/update
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