Jonestown Filmmakers Missing the Mark PAT LYNCH
Posted July 27, 2007 from the Huffington Post
The phone calls about Peoples Temple and the Jonestown, Guyana tragedy began coming in last spring. Young people who hadn't been born when the tragedy happened November 18, 1978 asked the same question: "Didn't NBC shoot more than 18 minutes of footage inside Jonestown?" They represented companies from the United States, Canada, South Africa and most recently Australia.
As the NBC Nightly News producer who began shooting a series on destructive cults in March, 1978, the story had come full circle. I personally screened more than three hours of dramatic footage shot inside Jonestown by the cameraman who died doing his job. What happened to it? These queries started my investigation of Peoples Temple once again. In two years all the classified material about the massacre is supposed to be released to the public. The government has kept their secrets well for almost 30 years.
For me, the story began May 2, 1978. My crew and I were filming the Synanon cult's property from a deserted public road in Marshall, California, when armed men, women and children with shaved heads held us captive for three hours. The story flashed across the AP wire, phoned in by Pulitzer Prize winner Dave Mitchell, owner of the Point Reyes Light weekly. My employer, NBC News, ignored the story. I didn't understand why, but it was a foreshadowing of what would happen when my far more dangerous story about Peoples Temple was ready for air in October, 1978.
The war between me and the management of NBC and its lawyers had begun. What I didn't know at the time was that our new corporate president Fred Silverman was calling the shots. And Les Crystal, the new young president of NBC News, was doing Silverman's bidding and caving in to corporate pressure. My work on Peoples Temple and the destructive cults was in serious jeopardy as was I, the first woman investigative producer on NBC Nightly News. But I didn't know it.
Synanon, I learned later, had taught such cults as Peoples Temple and Scientology how to manage the media through intimidation and litigation. (Two members of Synanon would be arrested only weeks before the Jonestown massacre for putting a live rattlesnake in a critic's mailbox, almost killing him.) I was able to get a watered down series about Synanon on Nightly News that June though NBC lawyers toned down the reports to avoid a lawsuit. After the series aired, Les Crystal made his first move to kill any further work on the "destructive cults," which now were calling themselves religions. Only the I.R.S.'s grave concern about cults avoiding taxes by labeling themselves a religion stopped Crystal from killing the project outright. It wasn't clear to me why Crystal wanted to kill these reports. So I got to work.
I interviewed former Peoples Temple members and Concerned Relatives who told stories about brainwashing, drugs, guns, beatings and suicide drills called "white nights." They also told these stories to the State Department and U.S. government officials in socialist Guyana, where the Reverend Jim Jones had moved almost 1,000 of his followers. Many in this colony feared their loved ones would die if "outsiders" tried to enter Jonestown.
My interviews were completed in October. I wanted to get the Peoples Temple story on the air as quickly as possible. California Congressman Leo Ryan announced he was going to Jonestown in November to see for himself what was happening to the people in his district. I was warned by Concerned Relatives and former members that the trip would end in disaster unless Ryan was provided with heavy security. I believed NBC's airing of my dramatic material would help provide that security
"NBC BOSS LIFE THREATENED" proclaimed the New York Post banner headline November 2, 1978. "GUARD ON TV CHIEF."
Fred Silverman, I later learned, was so upset being stalked, the mass cult picketing, written death threats (that were sent to the FBI without me knowing about them), the Synanon rattlesnake attack, and cult followers reportedly getting into his apartment building and threatening him and his family that he let news management know my report shouldn't air. Instead, Congressman Ryan's Jonestown trip in November would be covered as a news event by a California crew rather than as a more hard-hitting investigative report. I tried to reach the reporter. My calls were not returned. I felt like a pariah rather than a journalist who had unearthed an important story. On November 13th, the NBC crew passed through our New York office en route to Guyana. Again, the reporter did not return my persistent calls. And then, what had been predicted in my spiked report, happened. On November 18th, 918 people -- including hundreds of children and senior citizens -- were murdered.
Some committed suicide. Congressman Ryan, the NBC reporter and cameraman, a photographer and a Temple member who wanted to leave were assassinated on the airstrip by Jones' enforcers, firing from a truck sent by their demented leader. Jones' mass suicide was a massacre, unlike anything in American history. I was told that the original footage was kept under lock and key by NBC's law department and that a dub was bought by the FBI for its own investigation. We were given another set of dubs to edit for air. Only then was I put back on the story -- because I knew the story and the people.
NBC News' failure to air my reports before this tragedy aroused media criticism. Les Crystal replied that "intimidation had nothing to do with his decision to stop the investigation of the destructive cults." He wrote in a bylined article in Variety, January 3, 1979, that NBC had begun some "preliminary filming on the growth and influence of cults in the United States, but there never were any threats made. There never were any demands that we drop the project." He ended by saying that "after much heart-searching and sleepless nights, we have concluded that it was not possible for anyone to foresee the unprecedented events that took place in Guyana." Not possible to foresee the events? I wanted to scream, "You killed the story, Les." But without the evidence I have now, I knew I'd sound like a disgruntled employee kicking the graves of the NBC staffers who died there. I left NBC News voluntarily. Later that year, Les Crystal was fired. Fred Silverman prevailed until 198l.
In March of '81 syndicated columnist Jack Anderson got on to information about my suppressed investigation and interviewed people I had worked with, but too much time had elapsed. By then the government had classified everything important. His story died quickly. So when, 28 years later, I started getting calls about missing NBC footage, the story that haunted me for so many years came back in a rush.
The NBC archivist stuck to her story that she had only 18 minutes of Jonestown film. 18 minutes? I had personally screened 30 film cassettes about the destructive cults and at least three hours of dramatic footage shot in Georgetown, Guyana and in Jonestown the week of November 13, 1978. The dramatic confrontational interview with Jim Jones by the poorly prepared, aggressive NBC reporter whose ignorance of danger and Jones' mental condition, made worse by drugs, also was missing.
What had happened to the original film? I called the soundman and field producer who survived Jonestown. They corroborated my recollection of the amount of footage shot -- and the interview with Jones. Then I got in touch again with the archivist at NBC. She stuck by the 18-minute story but would "keep looking." I told her I viewed a pirated version of the NBC coverage that ran over three hours. Nevertheless, no one from the network archives could give me an answer about that missing film. The NBC lawyer assigned to the Jonestown project "couldn't remember." (The Jonestown Institute, which collects primary source information on Peoples Temple -- and which provided me with this pirated tape -- sent me proof they had obtained through the Freedom of Information Act that the FBI is in possession of 12 hours of footage from NBC. They are suing the FBI for everything.)
Leo Ryan's mother, Autumn, told me in 1981: "We will never get to the bottom of what really happened in Guyana and why Leo died. It's a massive government and intelligence cover-up." Ryan's top aide, the late Joe Holsinger, claimed in testimony before a House Foreign Affairs Committee that the C.I.A. had conducted a covert operation in Guyana, and that Jonestown was part of it. Ryan had co-sponsored the Hughes-Ryan Amendment -- the law which requires prior congressional approval of all CIA covert operations. CIA operations in Guyana remain classified.
I didn't realize the extent of the media cover-up until I began revisiting these issues 28 years later. How could NBC lose -- or worse, destroy historical footage of an event like Jonestown? Why? And what about my interviews with the people who predicted from firsthand experience what would happen if the Ryan party entered Jonestown? The documentaries aired recently as the anniversary approaches are a revisionist history of the event. "Lovely people. Tragic story."
The real story has yet to be told and must be told for at least three reasons. First, there's the matter of accountability for 918 needless deaths. Second, there's the issue of journalistic responsibility. Those who made these fateful decisions at NBC, including former company president Fred Silverman, former NBC News president Les Crystal and NBC lawyers, are still alive. Finally, at a time when the media is criticized for missing the truth about weapons of mass destruction in Iraq and for its own lack of transparency, telling this story is not only a way to come clean but a cautionary tale for all news organizations.
7.30.2007
ER Op-Ed - Tribe's contribution to DA's campaign was made by the Tribal Council, not Bowman
Tribe's contribution to DA's campaign was made by the Tribal Council, not Bowman
by Illene Callahan, 9/30/2006
This letter is in regard to a very misleading, biased article written by Heather Muller.
A contribution was made to Mr. Gallegos’ campaign; however, it was made by the tribe and not by Leonard Bowman. We have five Tribal Council members; they are the representatives of the tribe. Leonard Bowman merely presented the check to campaign headquarters.
Many contributions have been made to various programs in Fortuna and Loleta, as mandated by National Indian Gaming. Why is there no mention of these? The Loleta Fire Department accepted a contribution. Does this mean they cannot put out any other fires, only ours?
This whole article does not speak will for the mentality of this reporter.
As for Derek Bowman’s transgressions and brushes with the law, they are neither Mr. or Mrs. Bowman’s transgressions.
In case none of you noticed, all young people of today think they know everything and we parents are old fogies who try to give them unwanted advice that they totally disregard.
They stand in front of you and lie and tell you they will abide by your rules, and then they go out the door and do just exactly as they please or as their companions want them to do.
The only reason some of them have clean records is because they haven’t yet been caught.
The contribution was made long before Derek was arrested and the election of the district attorney had long been decided. Our tribal members did not stuff the ballot boxes to ensure a win for Mr. Gallegos so he could protect any one of us.
However, we all tend to pull together to try to help our tribal members in all ways, again and again if necessary. It is our heritage, taught to us by our ancestors.
I am definitely tired of reading about Ellie Bowman’s one-person protest about Worth Dikeman. There were three other tribal members there every day, of which I was one. None of us were protesting about Jeff Bowman’s conviction; rather, we were protesting the words that came out of Mr. Dikeman’s mouth.
I could not believe that a person in his position would be so racially biased. I guess I should have remembered that this is Humboldt County.
My own personal opinion is that the investigators did not do a thorough investigation in Jeff’s case or he wouldn’t have been convicted for that crime.
In response to Try Gary’s report based on Cheree Bowie’s telephone conversation, did he call her or did she call him? Mr. Gary, as a deputy sheriff, receives numerous calls from citizens in this area. It is strange that none of these other telephone conversations have been placed in The Eureka Reporter by Heather Muller.
It is also strange that Mr. Gary would believe the insinuations made by Ms. Bowie.
I believe there is a section in your U.S. Constitution that there is still free speech in this country. Mr. Acosta, as a citizen, can contribute to any cause that he deems fit.
He is also free to write letters regarding any person or cause. Nothing in his letter requested that Derek Bowman be set free. It only asked for consideration of a probationary period and it did not mention any contribution that was made by the tribe.
My estimation of Ms. Muller as a reporter or investigator is very negative at this point. If she is a Dikeman supporter, she should come out and say so, not fill the newspaper with innuendos, insinuations and half-truths. That type of reporting belongs in the National Enquirer or some other scandal sheet.
It is also a shame that she had to resort to using three other women to help her. Perhaps they could have written some articles to help people, instead of trying to demean them.
Perhaps Ms. Muller’s attacks on Mr. Gallegos are purely personal. Most women who go on a vendetta against a male public person are either jealous or envious of their wives, girlfriends, etc. Everyone is aware of the old adage, “Hell hath no fury like a woman scorned.”
Maybe I should investigate her family, relatives and friends for mud to sling at her under the guise of journalism.
I invite Ms. Muller to interview me on any subject concerning this article. She is to bring a picture ID, and my words, when printed, had better be mine.
(Editor’s note: Illene Callahan is the aunt of Tribal Chairman Leonard Bowman.)
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
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
by Illene Callahan, 9/30/2006
This letter is in regard to a very misleading, biased article written by Heather Muller.
A contribution was made to Mr. Gallegos’ campaign; however, it was made by the tribe and not by Leonard Bowman. We have five Tribal Council members; they are the representatives of the tribe. Leonard Bowman merely presented the check to campaign headquarters.
Many contributions have been made to various programs in Fortuna and Loleta, as mandated by National Indian Gaming. Why is there no mention of these? The Loleta Fire Department accepted a contribution. Does this mean they cannot put out any other fires, only ours?
This whole article does not speak will for the mentality of this reporter.
As for Derek Bowman’s transgressions and brushes with the law, they are neither Mr. or Mrs. Bowman’s transgressions.
In case none of you noticed, all young people of today think they know everything and we parents are old fogies who try to give them unwanted advice that they totally disregard.
They stand in front of you and lie and tell you they will abide by your rules, and then they go out the door and do just exactly as they please or as their companions want them to do.
The only reason some of them have clean records is because they haven’t yet been caught.
The contribution was made long before Derek was arrested and the election of the district attorney had long been decided. Our tribal members did not stuff the ballot boxes to ensure a win for Mr. Gallegos so he could protect any one of us.
However, we all tend to pull together to try to help our tribal members in all ways, again and again if necessary. It is our heritage, taught to us by our ancestors.
I am definitely tired of reading about Ellie Bowman’s one-person protest about Worth Dikeman. There were three other tribal members there every day, of which I was one. None of us were protesting about Jeff Bowman’s conviction; rather, we were protesting the words that came out of Mr. Dikeman’s mouth.
I could not believe that a person in his position would be so racially biased. I guess I should have remembered that this is Humboldt County.
My own personal opinion is that the investigators did not do a thorough investigation in Jeff’s case or he wouldn’t have been convicted for that crime.
In response to Try Gary’s report based on Cheree Bowie’s telephone conversation, did he call her or did she call him? Mr. Gary, as a deputy sheriff, receives numerous calls from citizens in this area. It is strange that none of these other telephone conversations have been placed in The Eureka Reporter by Heather Muller.
It is also strange that Mr. Gary would believe the insinuations made by Ms. Bowie.
I believe there is a section in your U.S. Constitution that there is still free speech in this country. Mr. Acosta, as a citizen, can contribute to any cause that he deems fit.
He is also free to write letters regarding any person or cause. Nothing in his letter requested that Derek Bowman be set free. It only asked for consideration of a probationary period and it did not mention any contribution that was made by the tribe.
My estimation of Ms. Muller as a reporter or investigator is very negative at this point. If she is a Dikeman supporter, she should come out and say so, not fill the newspaper with innuendos, insinuations and half-truths. That type of reporting belongs in the National Enquirer or some other scandal sheet.
It is also a shame that she had to resort to using three other women to help her. Perhaps they could have written some articles to help people, instead of trying to demean them.
Perhaps Ms. Muller’s attacks on Mr. Gallegos are purely personal. Most women who go on a vendetta against a male public person are either jealous or envious of their wives, girlfriends, etc. Everyone is aware of the old adage, “Hell hath no fury like a woman scorned.”
Maybe I should investigate her family, relatives and friends for mud to sling at her under the guise of journalism.
I invite Ms. Muller to interview me on any subject concerning this article. She is to bring a picture ID, and my words, when printed, had better be mine.
(Editor’s note: Illene Callahan is the aunt of Tribal Chairman Leonard Bowman.)
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
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
7.29.2007
ARIZONA STAR - Rancher wins $600K in suit against enviros
Jim Chilton
Rancher wins $600K in suit against enviros
The lawyer giveth, the lawyer taketh away
The Center for Biological Diversity has built a national reputation - and made a living - by suing the federal government on behalf of endangered species.
In 2003, it got reimbursed for $992,354 in expenses after winning in court - about double what its 10,000 members donated that year.
But now that same legal system has hit the Tucson-based group with a $600,000 judgment - one-quarter of the center's net assets at the end of 2003, according to the most recent annual report posted on its Web site.
Policy Director Kieran Suckling said the group he helped start in 1989 won't back down in the wake of Friday's verdict.
"The center has been here a long time, and we'll be here a long time in the future," he said.
"In our history we've lost some battles, which meant forests got cut down and endangered species got hurt. That's the darkest day. What happens to us as a group, as individuals, is nothing compared to the suffering of plants and animals," he said.
Calling itself "nature's legal eagles," the center claims credit for safeguarding 335 species - about one-quarter of the 1,264 plants and animals now protected by the federal government.
Using a provision in the Endangered Species Act that allows for citizen petitions, the center has forced the government to list creatures at risk of extinction and map millions of acres of "critical habitat" that can face stricter regulation.
Jim Chilton's suit also named three of the center's current and former workers: Martin Taylor, Shane Jimerfield and A.J. Schneller. But they won't be held financially liable for the libel, Suckling said.
Although the center has insurance, Suckling said he wasn't sure how much of the jury award it will cover. He also noted the legal fees the center earns are reimbursed expenses.
"That's not a pot of money sitting around unused," he said.
The fees won in 2003 were unusually high, he said, with the typical amount around $300,000 per year.
By Mitch Tobin
ARIZONA DAILY STAR
Tucson's Center for Biological Diversity must pay rancher and banker Jim Chilton $600,000 because the environmental group defamed him with a press release and photos posted on its Web site, a jury decided Friday.
In a 9-1 verdict, jurors in Pima County Superior Court awarded Chilton $100,000 for the harm done to his reputation and Arivaca cattle company. The jury tacked on an additional $500,000 in punitive damages meant to punish the center and deter others from committing libel.
Chilton, whose wife, Sue, is chairwoman of the Arizona Game and Fish Commission, sued the center over material that alleged he mismanaged his 21,500-acre Forest Service allotment, northwest of Nogales.
Many of the center's 21 photos depicted barren patches that captions described as "denuded" by cows. But Chilton's lawyer showed jurors wide-angle photos taken at the same locations that revealed the surroundings as worthy of a postcard, with oaks and mesquites dotting lush, rolling hills.
The center countered that the material it published in July 2002 couldn't be libelous because it was honest opinion. The photos weren't doctored, the center said, and they were public records that were part of its failed bid to block renewal of Chilton's grazing permit.
The center, which is typically the plaintiff in court, will probably appeal the decision, and its insurance should pay for at least some of the damages, if they're upheld, said policy director Kieran Suckling.
"We did things with the best of intentions. If there were some mistakes, they were honest mistakes," he said.
Suckling said he was most worried about the verdict's "chilling effect" on advocacy groups.
"We really feel victimized by a wealthy banker who can afford to hire a large legal team to nitpick you to death," he said.
Chilton, donning a white cowboy hat outside the courtroom, said he doubted he'll be able to collect all the money from the center, which he described as "schoolyard bullies."
"It does not matter if I ever collect a dime. We were in it because it's a righteous, just cause. People have taken too much abuse for too long in this community," he said. "I'm glad our system has a watchdog, and that's the jury system."
Chilton said he'll use the award to pay his lawyers, reimburse himself for costs, then donate what's left over to the Arizona Cattle Growers' Association legal fund so it can "fight for justice."
Chilton, a fifth-generation rancher, said he wants to start a more collaborative relationship with the center and will invite the defendants to visit his ranch to discuss its biodiversity.
Suckling dismissed that invitation as "cynical media spin."
"The only contact Mr. Chilton has ever had with the center is threatening letters from his lawyers going back seven years," he said.
The two-week trial, with 21 witnesses and more than 100 exhibits, featured odes to the ranching lifestyle, plus dry testimony on the labyrinth of public-lands policymaking.
To prove the material was defamatory, Chilton not only had to show it was false and hurt him, but also demonstrate the activists knew they had lied or shown "reckless disregard" for the truth. Such evidence of malice had to be "clear and convincing."
The bar would have been lower had Chilton not been ruled a public figure by Judge Richard Fields. An ordinary citizen would only have to show the center was negligent through a preponderance of the evidence.
Kraig Marton, Chilton's attorney, told jurors in closing arguments Thursday that he'd proved at least four photos weren't even on Chilton's allotment and that the center willfully ignored scientific studies praising Chilton's grazing practices.
"They were out to do harm, out to stop grazing and out to do whatever they can to prevent the Chiltons and others like them from letting cows on public land," Marton said.
Quoting the Bible, Shakespeare, Ben Franklin and Warren Buffett, Marton told jurors "our reputation is everything."
"What other people think of you makes you who you are," he said.
Sue Chilton - whose 2001 appointment to the Game and Fish Commission was bitterly opposed by the center and other "green" groups - testified her husband became withdrawn and plagued by insomnia and stomach pain because of the press release. A paid witness for Chilton said the center's scrutiny had cut $200,000 from the value of the allotment he bought for $797,000 in 1991.
Chilton testified that if he were to resell the permit, he'd have to disclose the center's attacks.
"It would be like trying to sell a house that has been subject to systematic terrorist activities by local gangs and not indicating to a potential purchaser that gang hits had been made on your house," he said.
But because the First Amendment guarantees the right of free speech, Judge Fields instructed jurors they couldn't consider the center's statements libelous if they viewed them as opinions, rather than facts.
"We must enforce the people's right to express their opinion and have public debate over issues," Robert Royal, the center's attorney, told jurors. "That is what makes this country great."
Royal, who called only one witness, told jurors they shouldn't even consider the photos. They were part of the center's written appeal of the grazing permit, and such legislative matters can't be libelous, he said.
The photos didn't show the entire allotment, he said, because the center, like the Forest Service, wanted to focus on problem areas, or "hot spots."
"How can we take a photo to show 21,000 acres?" he said.
As for the release, he said, "we went through every one of those issues and described how those statements were correct."
The juror who didn't vote to award damages said after the trial that the panel's 2 1/2-hour deliberations were cordial.
"I just felt that the center had a right to have their own opinions," said Sam Moore, 55, a pressman for a printer.
To win punitive damages, Chilton had to prove the center acted with an "evil mind," meaning it intended to cause harm, was motivated by "spite or ill will" or acted to serve its "own interest."
The center may have accidentally taken photos of the wrong places, Royal said, but that can't be considered "reckless" if Chilton's own registered surveyor made a similar mistake in creating a map for the trial.
But Marton told jurors they only had to look at the center's anti-grazing agenda and refusal to apologize in court for proof of its contempt toward Chilton and his way of life.
"If you're gonna lie," Marton said, "you have to pay the consequences."
Contact reporter Mitch Tobin at 573-4185 or mtobin at azstarnet.com
ARIZONA DAILY STAR - Rancher's suit puts enviros on defense
ARIZONA DAILY STAR: Weds., Jan. 12, 2005
Rancher's suit puts enviros on defense
By Mitch Tobin
Tucson's Center for Biological Diversity is no stranger to lawsuits related to grazing. But in a turning of the tables, the litigious group now finds itself as the defendant in a Pima County courtroom.
Arivaca rancher Jim Chilton is suing the environmentalists, alleging they defamed him in a two-page press release and 21 photographs posted on the center's Web site in July 2002.
Chilton's libel suit, which seeks unspecified monetary damages, argues that the news advisory and photo captions contain "false, unfair, libelous and defamatory statements" about Chilton's management of his 21,500-acre Montana Allotment, northwest of Nogales.
"These are lies masquerading as facts," Kraig Marton, Chilton's attorney, said in an interview. "This case also shows how photographs can lie."
Chilton's wife, Sue, was appointed to the Arizona Game and Fish Commission in 2001 over the strenuous objections of environmentalists. The center's advisory says she "tried to suppress" Game and Fish recommendations about the allotment on the Coronado National Forest and that the Chiltons "have an agenda hostile to wildlife and endangered species."
The Center, which has built a national reputation for aggressive litigation and media work on behalf of endangered species, says its actions weren't libelous because they were opinions.
"The news advisory and the pictures are not false information - they're the truth," said Robert Royal, the center's attorney. The Center also says documents on the Web site can't be libelous because they were public records that were part of its unsuccessful effort to block renewal of Chilton's grazing permit.
"The Chiltons are really trying to create a chill effect to scare people away from commenting on public lands and the actions of public agencies," said Kieran Suckling, the Center's policy director.
Judge Richard Fields has already ruled the Chiltons are public figures, which raises the bar for proving libel. The jury of six women and four men is expected to get the case next week.
Marton said he'll reveal in his closing statement how much money his client is seeking.
"The primary focus of the case is to prove the center made false statements," he said.
The suit names not only the Center, but three of its current and former employees: Martin Taylor, author of the release; Shane Jimerfield, the Web site designer who posted it; and A.J. Schneller, who was responsible for some photos and captions.
The suit alleges the Center hurt Chilton's ranching business and caused him "to suffer great mental anguish, humiliation, public hatred, contempt, ridicule" and damage to his "integrity and reputation."
"I'm outraged," Chilton said after Tuesday's hearing before a nearly empty courtroom. "For five generations we've ranched in Arizona as stewards of the land and all evidence indicates we're doing a wonderful job."
Larry Medlock, a now-retired Forest Service official who concluded grazing on the allotment didn't have a negative environmental impact, testified Tuesday that the press release had several false statements.
Medlock, who visited the allotment some 20 times, disputed the Center's claim that part of the allotment was "grazed to bare dirt." He said it was true cattle had broken into a preserve for Sonora chub, a threatened fish, but the cows had come up from Mexico and weren't Chilton's.
Chilton's lawyer asked if the photos showing denuded areas were an accurate representation of the allotment.
"It doesn't give a true picture of what the Montana Allotment looks like," Medlock said, adding the ground could have been laid bare by activities other than grazing.
Taylor, author of the release, then took the stand for nearly two hours of sharp questioning from Chilton's lawyer. Taylor said he wrote the release in an hour, faxed it to the news media, then called some reporters in a failed bid to drum up coverage of the controversy.
"I wasn't biased against the Chiltons," said Taylor, an entomologist who left the Center in 2003. He flew in from his native Australia for the trial.
Marton sought to prove Taylor had an anti-grazing agenda and an ax to grind when he went out to inspect the allotment. The lawyer said Taylor willfully ignored scientific studies showing positive effects of grazing and said he took photos that focused on bare sections rather than areas around them covered by vegetation.
"I wanted to document the problem areas," Taylor said. "I wasn't attempting or pretending to do good science."
"Did you ever call the Chiltons before you wrote the news advisory to get their side of the story?" Marton asked.
"That's for journalists to do," Taylor said. "Not us."
? Contact reporter Mitch Tobin at 573-4185 or mtobin at azstarnet.com.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Rancher's suit puts enviros on defense
By Mitch Tobin
Tucson's Center for Biological Diversity is no stranger to lawsuits related to grazing. But in a turning of the tables, the litigious group now finds itself as the defendant in a Pima County courtroom.
Arivaca rancher Jim Chilton is suing the environmentalists, alleging they defamed him in a two-page press release and 21 photographs posted on the center's Web site in July 2002.
Chilton's libel suit, which seeks unspecified monetary damages, argues that the news advisory and photo captions contain "false, unfair, libelous and defamatory statements" about Chilton's management of his 21,500-acre Montana Allotment, northwest of Nogales.
"These are lies masquerading as facts," Kraig Marton, Chilton's attorney, said in an interview. "This case also shows how photographs can lie."
Chilton's wife, Sue, was appointed to the Arizona Game and Fish Commission in 2001 over the strenuous objections of environmentalists. The center's advisory says she "tried to suppress" Game and Fish recommendations about the allotment on the Coronado National Forest and that the Chiltons "have an agenda hostile to wildlife and endangered species."
The Center, which has built a national reputation for aggressive litigation and media work on behalf of endangered species, says its actions weren't libelous because they were opinions.
"The news advisory and the pictures are not false information - they're the truth," said Robert Royal, the center's attorney. The Center also says documents on the Web site can't be libelous because they were public records that were part of its unsuccessful effort to block renewal of Chilton's grazing permit.
"The Chiltons are really trying to create a chill effect to scare people away from commenting on public lands and the actions of public agencies," said Kieran Suckling, the Center's policy director.
Judge Richard Fields has already ruled the Chiltons are public figures, which raises the bar for proving libel. The jury of six women and four men is expected to get the case next week.
Marton said he'll reveal in his closing statement how much money his client is seeking.
"The primary focus of the case is to prove the center made false statements," he said.
The suit names not only the Center, but three of its current and former employees: Martin Taylor, author of the release; Shane Jimerfield, the Web site designer who posted it; and A.J. Schneller, who was responsible for some photos and captions.
The suit alleges the Center hurt Chilton's ranching business and caused him "to suffer great mental anguish, humiliation, public hatred, contempt, ridicule" and damage to his "integrity and reputation."
"I'm outraged," Chilton said after Tuesday's hearing before a nearly empty courtroom. "For five generations we've ranched in Arizona as stewards of the land and all evidence indicates we're doing a wonderful job."
Larry Medlock, a now-retired Forest Service official who concluded grazing on the allotment didn't have a negative environmental impact, testified Tuesday that the press release had several false statements.
Medlock, who visited the allotment some 20 times, disputed the Center's claim that part of the allotment was "grazed to bare dirt." He said it was true cattle had broken into a preserve for Sonora chub, a threatened fish, but the cows had come up from Mexico and weren't Chilton's.
Chilton's lawyer asked if the photos showing denuded areas were an accurate representation of the allotment.
"It doesn't give a true picture of what the Montana Allotment looks like," Medlock said, adding the ground could have been laid bare by activities other than grazing.
Taylor, author of the release, then took the stand for nearly two hours of sharp questioning from Chilton's lawyer. Taylor said he wrote the release in an hour, faxed it to the news media, then called some reporters in a failed bid to drum up coverage of the controversy.
"I wasn't biased against the Chiltons," said Taylor, an entomologist who left the Center in 2003. He flew in from his native Australia for the trial.
Marton sought to prove Taylor had an anti-grazing agenda and an ax to grind when he went out to inspect the allotment. The lawyer said Taylor willfully ignored scientific studies showing positive effects of grazing and said he took photos that focused on bare sections rather than areas around them covered by vegetation.
"I wanted to document the problem areas," Taylor said. "I wasn't attempting or pretending to do good science."
"Did you ever call the Chiltons before you wrote the news advisory to get their side of the story?" Marton asked.
"That's for journalists to do," Taylor said. "Not us."
? Contact reporter Mitch Tobin at 573-4185 or mtobin at azstarnet.com.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Stories in Ledger-Dispatch/Allan Dollison
News
3/12/2004 1:55:00 PM - Alex Aroz sentenced on abuse charges
3/5/2004 2:00:00 PM - Escamilla takes District 1 but may face runoff
3/5/2004 1:59:00 PM - Germino sentenced in attempted murder case
2/25/2004 1:56:00 PM - District 1 supervisor candidates disclose spending and expenses
1/30/2004 1:56:00 PM - Candidates disclose contributions, expenditures
1/23/2004 1:59:00 PM - Germino judged guilty on all seven
1/21/2004 2:00:00 PM - State opens case against Germino
12/31/2003 2:00:00 PM - Senatorial candidate suspended in 2000
12/12/2003 1:59:00 PM - Vern Pierson drops out of Senate race
12/10/2003 1:59:00 PM - Four-man race set for supervisor
12/5/2003 1:55:00 PM - January trial date set for William Germino; Dollison retained
11/21/2003 1:58:00 PM - Candidates, election department gear up for Primary
11/21/2003 1:56:00 PM - Germino seeks to replace third court-appointed attorney
11/12/2003 1:59:00 PM - Two more local men vying for Senate
10/24/2003 1:57:00 PM - Germino replaces 2nd court-appointed attorney
9/12/2003 5:55:00 AM - Paredez unfit for juvenile court
7/23/2003 5:53:00 AM - Paredez hearing continued on defense motion
7/4/2003 5:58:00 AM - Alleged rapist, 16, held on $1 million bail
3/19/2003 5:50:00 AM - Shooting case leaves Judge Richmond’s court
Life
1/13/2006 2:00:00 PM - Former Jackson resident spends a year in Afghanistan, working to rebuild the country and its government
Reader Polls
12/26/2003 2:00:00 PM - If the election for first senatorial district were held today and you could choose from among those running now, who would get your vote?
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
3/12/2004 1:55:00 PM - Alex Aroz sentenced on abuse charges
3/5/2004 2:00:00 PM - Escamilla takes District 1 but may face runoff
3/5/2004 1:59:00 PM - Germino sentenced in attempted murder case
2/25/2004 1:56:00 PM - District 1 supervisor candidates disclose spending and expenses
1/30/2004 1:56:00 PM - Candidates disclose contributions, expenditures
1/23/2004 1:59:00 PM - Germino judged guilty on all seven
1/21/2004 2:00:00 PM - State opens case against Germino
12/31/2003 2:00:00 PM - Senatorial candidate suspended in 2000
12/12/2003 1:59:00 PM - Vern Pierson drops out of Senate race
12/10/2003 1:59:00 PM - Four-man race set for supervisor
12/5/2003 1:55:00 PM - January trial date set for William Germino; Dollison retained
11/21/2003 1:58:00 PM - Candidates, election department gear up for Primary
11/21/2003 1:56:00 PM - Germino seeks to replace third court-appointed attorney
11/12/2003 1:59:00 PM - Two more local men vying for Senate
10/24/2003 1:57:00 PM - Germino replaces 2nd court-appointed attorney
9/12/2003 5:55:00 AM - Paredez unfit for juvenile court
7/23/2003 5:53:00 AM - Paredez hearing continued on defense motion
7/4/2003 5:58:00 AM - Alleged rapist, 16, held on $1 million bail
3/19/2003 5:50:00 AM - Shooting case leaves Judge Richmond’s court
Life
1/13/2006 2:00:00 PM - Former Jackson resident spends a year in Afghanistan, working to rebuild the country and its government
Reader Polls
12/26/2003 2:00:00 PM - If the election for first senatorial district were held today and you could choose from among those running now, who would get your vote?
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
Ledger-Dispatch - Shooting case leaves Judge Richmond’s court
Shooting case leaves Judge Richmond’s court
Wednesday, March 19, 2003
The two Stockton residents implicated in a Nov. 29 shooting won’t be facing Amador County Superior Court Judge David Richmond any longer. But, if it comes to trial, who they’ll face is in doubt.
That uncertainly is due to a peremptory challenge filed recently by LeRoy Falk, attorney for 21-year-old Louie Zameza, one of the men charged with the incident at a party in Pine Grove that left a 16-year-old girl gunshot in the leg. According to Allan L. Dollison - chief county defense attorney and representative for the other man, 18-year-old Louie Brown - the pre-trial conference now set for 10:30 a.m., April 9 will probably be heard by Judge Susan Harlan. It is uncertain who would hear the case if it goes to trial.
A peremptory challenge is one where no reason for the challenge need be given. Each side in a court case is allowed one each, according to Dollison.
Zameza and Brown were to be arraigned last Thursday, when instead Richmond removed himself from the proceedings. The men were expected to enter pleas of not guilty at the hearing, when a trial date would have been set.
Zameza faces felony counts of shooting into an inhabited dwelling, assault with a firearm and permitting another to shoot from a vehicle. Brown is charged with felony counts of shooting into an inhabited dwelling, shooting from a motor vehicle and assault with a firearm. Both defendants also face numerous special allegations related to their conduct.
The charges stem from a shooting that happened shortly before 11:15 p.m. of the day in question.
After being apprehended shortly after the shooting, Brown admitted he had shot a .22 caliber semi-automatic pistol twice from the opened passenger-side window into a group standing in front of the residence. The shooting was in retaliation for a disagreement at the party, Brown said, adding he did not look where he was shooting. Zameza was allegedly encouraging Brown to shoot into the crowd, according to the district attorney’s office.
Brown said he gave the pistol to the third person in the car, according to the sheriff’s news release made public shortly after the incident. This person - called Chris - was going to destroy the weapon. Zameza and Brown said they dropped this subject off outside Sutter Creek. “Chris” was subsequently located and interviewed as a witness to the alleged crime, Amador County Undersheriff Karl Knobelauch said earlier, adding that it’s been determined that he never had the weapon. That gun hasn’t been located.
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
Wednesday, March 19, 2003
The two Stockton residents implicated in a Nov. 29 shooting won’t be facing Amador County Superior Court Judge David Richmond any longer. But, if it comes to trial, who they’ll face is in doubt.
That uncertainly is due to a peremptory challenge filed recently by LeRoy Falk, attorney for 21-year-old Louie Zameza, one of the men charged with the incident at a party in Pine Grove that left a 16-year-old girl gunshot in the leg. According to Allan L. Dollison - chief county defense attorney and representative for the other man, 18-year-old Louie Brown - the pre-trial conference now set for 10:30 a.m., April 9 will probably be heard by Judge Susan Harlan. It is uncertain who would hear the case if it goes to trial.
A peremptory challenge is one where no reason for the challenge need be given. Each side in a court case is allowed one each, according to Dollison.
Zameza and Brown were to be arraigned last Thursday, when instead Richmond removed himself from the proceedings. The men were expected to enter pleas of not guilty at the hearing, when a trial date would have been set.
Zameza faces felony counts of shooting into an inhabited dwelling, assault with a firearm and permitting another to shoot from a vehicle. Brown is charged with felony counts of shooting into an inhabited dwelling, shooting from a motor vehicle and assault with a firearm. Both defendants also face numerous special allegations related to their conduct.
The charges stem from a shooting that happened shortly before 11:15 p.m. of the day in question.
After being apprehended shortly after the shooting, Brown admitted he had shot a .22 caliber semi-automatic pistol twice from the opened passenger-side window into a group standing in front of the residence. The shooting was in retaliation for a disagreement at the party, Brown said, adding he did not look where he was shooting. Zameza was allegedly encouraging Brown to shoot into the crowd, according to the district attorney’s office.
Brown said he gave the pistol to the third person in the car, according to the sheriff’s news release made public shortly after the incident. This person - called Chris - was going to destroy the weapon. Zameza and Brown said they dropped this subject off outside Sutter Creek. “Chris” was subsequently located and interviewed as a witness to the alleged crime, Amador County Undersheriff Karl Knobelauch said earlier, adding that it’s been determined that he never had the weapon. That gun hasn’t been located.
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
Ledger-Dispatch - Former Jackson resident spends a year in Afghanistan
Former Jackson resident spends a year in Afghanistan, working to rebuild the country and its government
Friday, January 13, 2006
Army Reserve Capt. Allan Dollison, right, walks with his interpreter, Daud Mohammed, on the National Directorate for Security compound. The NDS is similar to an FBI-type of organization. Dollison has been in Afghanistan for the past seven months.
Photo by: Courtesy to the Ledger Dispatch
In this picture taken on Aug. 31, 2005, Dollison speaks with the mayor of Gereshk, Said Ali Shah, through an interpreter. The group was at an event where U.S. troops were donating a trash truck.
Photo by: Courtesy to the Ledger Dispatch
The ongoing war in Afghanistan, the struggle against Taliban forces and the United States' steady attempts to repair the country are only some of the foreign affairs of high priority in the media, as they share the spotlight with wars in Iraq and on terror in general. However, continuing efforts to rebuild and stabilize Afghanistan remain the purpose of many American soldiers' overseas lives, including former Jackson resident Allan L. Dollison.
Dollison, once a public defender who worked on various high profile cases in Amador County, has been in Afghanistan since June serving his role as an Army Reserve captain, helping to build the capacity of the country's government, increase security and provide resources to target reconstruction projects that will help the country move forward.
"How has (my time and work in Afghanistan) affected me? I think it has opened my eyes to the considerable poverty that exists in the world," Dollison wrote via e-mail from Afghanistan. "It has reinforced my commitment to the Army, my country, and this most important larger mission which we call the Global War on Terror."
Dollison is assigned to what is called a Provincial Reconstruction Team (PRT) in the southern part of the country, which he says is plagued with some of the "heaviest concentration of enemy activity" of all the regions. In the PRT, Dollison works as a civil affairs officer in charge of a four-person team whose purpose is to visit different villages and speak with elders and district level governments to find out what their needs are and, subsequently, come up with projects and supply assistance to address those needs.
"I would say that 50 percent of my time is managing reconstruction to rebuild the province and the other 50 percent is in building the capacity of the Afghan government," he said. While he and other PRT members don't do the actual rebuilding themselves, they do hire contractors with the goal of empowering and employing Afghans, thus expanding their economy.
Because of drawn-out wars and years of struggle and poverty, Afghanistan was in severely poor shape when troops like Dollison's arrived and began efforts to rebuild it. "This is, without a doubt, one of the poorest countries in the world," Dollison said. "The 25 years of war first by the Russians, and even during the Taliban times, now since 2001, have really wreaked havoc on Afghanistan - it really had no built up infrastructure when we arrived."
When Dollison meets with village elders and government officials, the building request he gets most often is for schools, followed by an improvement of agricultural irrigation and "bazaar roads" - a main road through a village where all commercial activity takes place. The team has used funding to buy heavy machinery and road equipment to enable and encourage the Afghan government to take over the building of its roads.
Civil affairs teams are made up of mainly Army Reserve soldiers who have "civilian skills that help them interact with governments and even ordinary people," Dollison said. A licensed lawyer in California, Dollison is able to assist with Afghanistan's legal reform.
"I would say that the prosecutor and some in the police department have been receptive (to my help)," Dollison said. "They want to learn. They want to improve their system. They want to re-establish security for their own country. They know that an effective legal system is the key to that. The prosecutor and the police and criminal investigators are constantly asking me questions, wanting my help and wanting to learn. Probably the most positive aspect is their receptiveness to make the system work."
Dollison said that while large media outlets don't focus on the work in Afghanistan as much as they do with Iraq, he doesn't feel that the troops in his area have been overlooked or forgotten.
"I have more than enough resources, troops and equipment to effectively do my job," he said. "We have newer weapons, better radios and more computers to effectively do our jobs."
Though the region he's stationed in is more enemy-ridden than others, Dollison feels that many Afghans support the United States' presence and work in the country.
The Afghan people "support us. I receive mostly thumbs-up and smiles - (but) that doesn't mean that there is no enemy."
While Dollison was unable to go into details of terrorist or Taliban presence in his area and resistance to U.S. forces, he did refer to icasualties.org, a Web site that lists military fatalities. According to the site, there have been a total of 259 U.S. military deaths in Afghanistan as a part of "Operation Enduring Freedom" since 2001, with each year seeing more deaths. For example, while 52 U.S. casualties were recorded in 2004, 99 were recorded for 2005.
Dollison has even had his own run-ins with resistance and was nominated for the Combat Action Badge for a counter-attack he led against enemies who fired automatic weapons and rocket-propelled grenades at his convoy. In this encounter no U.S. soldiers were injured but, two enemies were killed.
"We have been lucky and have not lost a life, yet," Dollison said. "Some have been injured, though. That is the sobering fact that there is still very much a war going on here."
Dollison is set to return to the United States in June. Because of Army Reserve policy that says reservists can only be activated two out of every five years, were he to be deployed again, it could be no sooner than two years from his return date.
Dollison has an extensive military career that began in 1989 and has remained strong ever since. He said that while he is mainly a career reservist, his services have been in greater demand since 2001 and that he has "gladly answered that call." When he comes home, he will return to a unit in Santa Barbara. He said he has two daughters, 5 and 6, who are eagerly awaiting his return from the one-year tour of Afghanistan.
"The greatest reward is helping people," he said. "Bringing them smiles, seeing them grateful for what you are doing, giving little kids hope, modernizing the country and showing them that America, a predominantly Christian nation, can be friends and partners with Afghanistan, an exclusively Muslim nation."
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
Friday, January 13, 2006
Army Reserve Capt. Allan Dollison, right, walks with his interpreter, Daud Mohammed, on the National Directorate for Security compound. The NDS is similar to an FBI-type of organization. Dollison has been in Afghanistan for the past seven months.
Photo by: Courtesy to the Ledger Dispatch
In this picture taken on Aug. 31, 2005, Dollison speaks with the mayor of Gereshk, Said Ali Shah, through an interpreter. The group was at an event where U.S. troops were donating a trash truck.
Photo by: Courtesy to the Ledger Dispatch
The ongoing war in Afghanistan, the struggle against Taliban forces and the United States' steady attempts to repair the country are only some of the foreign affairs of high priority in the media, as they share the spotlight with wars in Iraq and on terror in general. However, continuing efforts to rebuild and stabilize Afghanistan remain the purpose of many American soldiers' overseas lives, including former Jackson resident Allan L. Dollison.
Dollison, once a public defender who worked on various high profile cases in Amador County, has been in Afghanistan since June serving his role as an Army Reserve captain, helping to build the capacity of the country's government, increase security and provide resources to target reconstruction projects that will help the country move forward.
"How has (my time and work in Afghanistan) affected me? I think it has opened my eyes to the considerable poverty that exists in the world," Dollison wrote via e-mail from Afghanistan. "It has reinforced my commitment to the Army, my country, and this most important larger mission which we call the Global War on Terror."
Dollison is assigned to what is called a Provincial Reconstruction Team (PRT) in the southern part of the country, which he says is plagued with some of the "heaviest concentration of enemy activity" of all the regions. In the PRT, Dollison works as a civil affairs officer in charge of a four-person team whose purpose is to visit different villages and speak with elders and district level governments to find out what their needs are and, subsequently, come up with projects and supply assistance to address those needs.
"I would say that 50 percent of my time is managing reconstruction to rebuild the province and the other 50 percent is in building the capacity of the Afghan government," he said. While he and other PRT members don't do the actual rebuilding themselves, they do hire contractors with the goal of empowering and employing Afghans, thus expanding their economy.
Because of drawn-out wars and years of struggle and poverty, Afghanistan was in severely poor shape when troops like Dollison's arrived and began efforts to rebuild it. "This is, without a doubt, one of the poorest countries in the world," Dollison said. "The 25 years of war first by the Russians, and even during the Taliban times, now since 2001, have really wreaked havoc on Afghanistan - it really had no built up infrastructure when we arrived."
When Dollison meets with village elders and government officials, the building request he gets most often is for schools, followed by an improvement of agricultural irrigation and "bazaar roads" - a main road through a village where all commercial activity takes place. The team has used funding to buy heavy machinery and road equipment to enable and encourage the Afghan government to take over the building of its roads.
Civil affairs teams are made up of mainly Army Reserve soldiers who have "civilian skills that help them interact with governments and even ordinary people," Dollison said. A licensed lawyer in California, Dollison is able to assist with Afghanistan's legal reform.
"I would say that the prosecutor and some in the police department have been receptive (to my help)," Dollison said. "They want to learn. They want to improve their system. They want to re-establish security for their own country. They know that an effective legal system is the key to that. The prosecutor and the police and criminal investigators are constantly asking me questions, wanting my help and wanting to learn. Probably the most positive aspect is their receptiveness to make the system work."
Dollison said that while large media outlets don't focus on the work in Afghanistan as much as they do with Iraq, he doesn't feel that the troops in his area have been overlooked or forgotten.
"I have more than enough resources, troops and equipment to effectively do my job," he said. "We have newer weapons, better radios and more computers to effectively do our jobs."
Though the region he's stationed in is more enemy-ridden than others, Dollison feels that many Afghans support the United States' presence and work in the country.
The Afghan people "support us. I receive mostly thumbs-up and smiles - (but) that doesn't mean that there is no enemy."
While Dollison was unable to go into details of terrorist or Taliban presence in his area and resistance to U.S. forces, he did refer to icasualties.org, a Web site that lists military fatalities. According to the site, there have been a total of 259 U.S. military deaths in Afghanistan as a part of "Operation Enduring Freedom" since 2001, with each year seeing more deaths. For example, while 52 U.S. casualties were recorded in 2004, 99 were recorded for 2005.
Dollison has even had his own run-ins with resistance and was nominated for the Combat Action Badge for a counter-attack he led against enemies who fired automatic weapons and rocket-propelled grenades at his convoy. In this encounter no U.S. soldiers were injured but, two enemies were killed.
"We have been lucky and have not lost a life, yet," Dollison said. "Some have been injured, though. That is the sobering fact that there is still very much a war going on here."
Dollison is set to return to the United States in June. Because of Army Reserve policy that says reservists can only be activated two out of every five years, were he to be deployed again, it could be no sooner than two years from his return date.
Dollison has an extensive military career that began in 1989 and has remained strong ever since. He said that while he is mainly a career reservist, his services have been in greater demand since 2001 and that he has "gladly answered that call." When he comes home, he will return to a unit in Santa Barbara. He said he has two daughters, 5 and 6, who are eagerly awaiting his return from the one-year tour of Afghanistan.
"The greatest reward is helping people," he said. "Bringing them smiles, seeing them grateful for what you are doing, giving little kids hope, modernizing the country and showing them that America, a predominantly Christian nation, can be friends and partners with Afghanistan, an exclusively Muslim nation."
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
Ledger-Dispatch - Senatorial candidate Suspended in 2000
Senatorial candidate suspended in 2000
Ledger-Dispatch Wednesday, December 31, 2003
By Sean Rabé srabe at ledger-dispatch.com
A recent search of local attorneys on the California State Bar Web site by the Ledger Dispatch brought back some intriguing results.
In 2000, Allan Dollison, an attorney serving in the Amador County Public Defender's Office and a candidate for California's 1st Senatorial District, was the subject of official sanctions by the California Bar for acts of "moral turpitude."
According to the bar's official publication, the CalBar Journal, the one-year suspension facing Dollison was stayed. Dollison was then suspended for 60 days and placed on two-years probation. The bar association's order took effect Aug. 26, 2000. While on suspension, attorneys are not allowed to practice law in the state.
According to the publication, the action by the bar was the result of Dollison stipulating to 16 counts of misconduct in four consolidated cases: Three counts each of failing to perform legal services competently or respond to client inquiries and improperly withdrawing from representation, and two counts each of failing to return client files, refund unearned fees and cooperate with the bar's investigation.
"As part of one case Dollison was handling, he agreed to file a motion to set aside a default that had been entered against his client," the publication reports. "After not responding to his client's inquiries, Dollison told her he had filed a motion that was denied by the court. He provided a copy of the motion, a notice of ruling which stated an attorney had appeared on behalf of the other party."
"In fact, Dollison never filed a motion, there was no hearing, he fabricated the notice of ruling and forged signatures on documents he sent to the client. His misrepresentations were acts of moral turpitude. He never refunded his fee. He vacated his office and did not notify clients or the courts, he failed to appear at hearings and failed to follow court orders. Two cases were dismissed as a result of failure to prosecute. One client's wages were garnished to pay a default judgment, and other clients were forced to hire new counsel to complete their bankruptcy petition."
Dollison was admitted to the bar in 1995 and was hired by the firm of John Barker and Associates approximately two years ago. Barker and Associates is the firm Amador County has contracted with to provide public defense on behalf of those in the court system who cannot afford a privately retained attorney. Because the firm is simply contracted by the county, the county has little control over who the firm employs.
"As far as we are concerned he has been doing the job he was hired to do," said Amador County General Services Agency Director Trevor Mottishaw, who handles the contract for the county. He added that the Barker firm has been retained under contract since 1995.
Dollison would not comment on the suspension and other actions by the bar. He instead referred all questions to the vice-president of his firm, Donnie Maxwell.
"Anything that happened with Allan happened a long time ago," Maxwell said via a telephone interview. "When we were considering employing Allan we interviewed him and he was very up front about the problems he had. He was previously employed by the State Attorney General's Office, who had nothing but praise for him."
Maxwell said that the firm looked beyond Dollison's past when considering employing him. "We gave him a chance; we knew we were going out on a limb by hiring him."
"Criminal law is not the same type of law where the same type of things happen."
Additionally, Maxwell said that Dollison has done a superior job in representing clients in Amador County. "Our concern is what kind of job he has done for the county," Maxwell said. "We have gotten nothing but praise from the courts and the county in regards to Allan's representation. We are a private corporation - if he weren't doing a good job he wouldn't be here."
There are over 190,000 attorney's registered with the California State Bar. In 2000, a total of 9,667 complaints were filed with the bar. Of those, 2,889 were advanced to actual investigations with 316 criminal complaints being filed against the offending attorneys. 47 attorneys were disbarred.
A random search of approximately 30 other local attorneys on the bar's Web site, located at www.calbar.ca.gov, showed no bar actions other than Dollison's.
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
Ledger-Dispatch Wednesday, December 31, 2003
By Sean Rabé srabe at ledger-dispatch.com
A recent search of local attorneys on the California State Bar Web site by the Ledger Dispatch brought back some intriguing results.
In 2000, Allan Dollison, an attorney serving in the Amador County Public Defender's Office and a candidate for California's 1st Senatorial District, was the subject of official sanctions by the California Bar for acts of "moral turpitude."
According to the bar's official publication, the CalBar Journal, the one-year suspension facing Dollison was stayed. Dollison was then suspended for 60 days and placed on two-years probation. The bar association's order took effect Aug. 26, 2000. While on suspension, attorneys are not allowed to practice law in the state.
According to the publication, the action by the bar was the result of Dollison stipulating to 16 counts of misconduct in four consolidated cases: Three counts each of failing to perform legal services competently or respond to client inquiries and improperly withdrawing from representation, and two counts each of failing to return client files, refund unearned fees and cooperate with the bar's investigation.
"As part of one case Dollison was handling, he agreed to file a motion to set aside a default that had been entered against his client," the publication reports. "After not responding to his client's inquiries, Dollison told her he had filed a motion that was denied by the court. He provided a copy of the motion, a notice of ruling which stated an attorney had appeared on behalf of the other party."
"In fact, Dollison never filed a motion, there was no hearing, he fabricated the notice of ruling and forged signatures on documents he sent to the client. His misrepresentations were acts of moral turpitude. He never refunded his fee. He vacated his office and did not notify clients or the courts, he failed to appear at hearings and failed to follow court orders. Two cases were dismissed as a result of failure to prosecute. One client's wages were garnished to pay a default judgment, and other clients were forced to hire new counsel to complete their bankruptcy petition."
Dollison was admitted to the bar in 1995 and was hired by the firm of John Barker and Associates approximately two years ago. Barker and Associates is the firm Amador County has contracted with to provide public defense on behalf of those in the court system who cannot afford a privately retained attorney. Because the firm is simply contracted by the county, the county has little control over who the firm employs.
"As far as we are concerned he has been doing the job he was hired to do," said Amador County General Services Agency Director Trevor Mottishaw, who handles the contract for the county. He added that the Barker firm has been retained under contract since 1995.
Dollison would not comment on the suspension and other actions by the bar. He instead referred all questions to the vice-president of his firm, Donnie Maxwell.
"Anything that happened with Allan happened a long time ago," Maxwell said via a telephone interview. "When we were considering employing Allan we interviewed him and he was very up front about the problems he had. He was previously employed by the State Attorney General's Office, who had nothing but praise for him."
Maxwell said that the firm looked beyond Dollison's past when considering employing him. "We gave him a chance; we knew we were going out on a limb by hiring him."
"Criminal law is not the same type of law where the same type of things happen."
Additionally, Maxwell said that Dollison has done a superior job in representing clients in Amador County. "Our concern is what kind of job he has done for the county," Maxwell said. "We have gotten nothing but praise from the courts and the county in regards to Allan's representation. We are a private corporation - if he weren't doing a good job he wouldn't be here."
There are over 190,000 attorney's registered with the California State Bar. In 2000, a total of 9,667 complaints were filed with the bar. Of those, 2,889 were advanced to actual investigations with 316 criminal complaints being filed against the offending attorneys. 47 attorneys were disbarred.
A random search of approximately 30 other local attorneys on the bar's Web site, located at www.calbar.ca.gov, showed no bar actions other than Dollison's.
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
7.21.2007
DeadFall author Robert Scott responds to Paul Gallegos Op Ed
Obviously, Robert Scott is still following events here in Humboldt County. When he made this post, he must not have known that Gallegos' "My Word" was largely plagiarized. Perhaps he has followed the story since then:
Response to Editorial
Recently the District Attorney of Humboldt County, Mr. Paul Gallegos, wrote an editorial in the Eureka Times Standard. This is my response to that editorial. I am posting it here, because according to Lisa, the Times Standard does not take editorial comments from people who live outside the county. Mr. Gallegos' editorial was entitled - Vigilantism a force of anarchy.
Though Mr. Gallegos' recent editorial about vigilantism didn't make specific references to any particular case, I'm wondering if he had the cases of Sherry Lynn Smith and Andrea LaDeRoute in mind when he wrote it. The reason I believe this may be is that both the surviving sisters of Sherry and Andrea have been very vocal in their displeasure at the way the Humboldt County District Attorney's Office has handled those cases. If he was not referring to Smith and LaDeRoute, then it has to be wondered how many victims family members feel disenfranchised by the DA's office in that county.
As has been written about many times over the years in Humboldt County newspapers, including the Times Standard, Mr. John Annibel is the main suspect in the murders of Smith and LaDeRoute. In fact, the Fortuna Police Department has stated that Mr. Annibel is the only suspect in the murder of Andrea LaDeRoute, and has submitted all its evidence to the DA's office in that regard.
No one is advocating vigilantism, which would take Mr. Annibel out of the court system and somehow administer arbitrary justice. Instead there is an agreement that the system should work exactly as Mr. Gallegos stated, "the report of a crime and its investigation, the review of that investigation and possible accusation, the disposition or trial on the accusation, a verdict, and a judgement." Neither Pam Smith Annibel nor Lisa LaDeRoute Lawler disagree with that assessment. What they do agree on is that the system on these cases has failed at the District Attorney level.
In the probable cause report concerning Mr. Annibel, Detective Mike Losey wrote, "Based on the evidence and information, probale cause exists to believe LaDeRoute has been murdered. Further, the available physical evidence, as well as circumstantial evidence, indicates that John Annibel murdered Andrea LaDeRoute." It was only the failure to proceed by then District Attorney Bernard C. dePaoli that short-circuited the trial. Mr. DePaoli was later arrested and convicted for taking a bribe to change a witness' statement in the murder case of Philip Kellotat. To say the least, it should cast doubt on his handling of other murder cases during his tenure as District Attorney of Humboldt County, especially Andrea's case.
One thing Mr. Gallegos failed to mention in his editorial on vigilantism is the role of the District Attorney's Office. It is to stand up for the rights of a victim of crime. In the case of Sherry Lynn Smith and Andrea LaDeRoute, the District Attorney's Office is their voice, because they can no longer speak for themselves.
Once again, Pam Smith Annibel and Lisa LaDeRoute Lawler do not want to railroad John Annibel. All they want is for Sherry and Andrea to have their day in court. Without the district attorney's office, functioning as it should, they can never have that happen. This is a far cry from vigilantism. Both sisters understand that neither the prosecutor, nor defense attorney, or even a judge is the trier of fact. The trier of fact in these cases are twelve ordinary citizens of Humboldt County who would decide upon Mr. Annibel's guilt or innocence. Mr. Annibel's rights would be protected by his defense counsel, as they should be. It is the duty of the of the District Attorney's Office to stand up for Sherry and Andrea's rights.
Robert Scott
Mr. Scott, if you read this post, here are links to stories relating to Paul Gallegos' "My Word" Op-Ed on Vilgilantism:
THE OX-BOW INCIDENT by ROBERT LOUIS FELIX
a copy of THE OX-BOW INCIDENT in case the link goes down
TS - Paul Gallegos' My Word
ER - WHOSE WORD WAS 'MY WORD'?
ER - A second Gallegos column raises questions about attribution
And, another take on what he was trying to say, who he was trying to go after:
When law enforcement fails, 'vigilantism' sometimes needed
There may be other answers to some of your questions, and Lisa's questions here as well.
Read more/DISCUSS this at http://watchpaul.blogspot.com/
Timelines re: LaDeRoute
From author Robert Scott
Hi Kbp:
I'm glad the time line helps. You're right - getting all the information from different sources, and trying to meld it all into a book isn't always easy. But as I said, before, you have a different kind of talent I don't have - and that is, taking this information and putting it in a context that helps Lisa in a structured format. I don't have the organizational skills that work best over the Internet. So it's great that our different skills compliment each other.
Here is the time line narritive, from where I left off.
March 31, 1980 - Detective Mike Losey of the Fortuna Police Dept. went to the cottage where John Annibel and Andrea lived. Annibel did not meet Losey there, as he had promised. Losey discovered from John's mother, that he had suddenly left the area for Denver, Colorado. Losey learned that John did not tell his employer, the Pacific Lumber Company, that he was leaving the area. Losey learned through the Humboldt Co. Sheriff's Office that John Annibel was the main suspect in the murder of Sherry Lynn Smith in 1976. Annibel had failed a polygraph test on this case, and there were several bits of evidence linking him to her murder. (More on this when I get to the Smith case).
April 1, 1980 - Detective Mike Losey obtained a search warrant to search the cottage shared by John and Andrea. The landlord of the cottage said that John had not paid for the upcoming month of April, nor had he collected a cleaning deposit if he intended to leave.
Investigators conducting the search
FPD Detective Mike Losey
Sergeant Silvers - (FPD?)
DA Investigator Floyd Stokes
Deputy DA Rick Moench
ID Evidence Tech Bud Thompson
Jack Morrison (Not sure which agency)
Later - I D Tech Joe Rynearson
Thompson photographed cottage
Losey looked for evidence, made sketches and measurements
Rynearson collected several pieces of evidence to be analyzed
1. Complete bed, mattress, box springs and frame
2. Mirror on south wall above bed.
3. A metal garbage can from outside
4. A black buck knife found on nightstand
5. A calendar hanging on north wall with all the dates through March 17th, X'd out.
After the search, Detective Losey wrote, "An amount of evidence was discovered which would substantiate the probability of a violent act having occurred in the residence."
(I'm not sure if it was at this time, but it does come into play at some point that Detective Losey said that he saw small blood stains on the wall and mirror).
April 3, 1980 - Detective Losey showed Lisa LaDeRoute a wallet removed from the bathroom in the cottage. Lisa said that Andrea always carried that wallet, and she had not seen it in the cottage when she had gone there in March. (I believe Lisa said that Losey told her the wallet had been found on the area on the back of the toilet. She knows she had not seen it there in March when she viewed Andrea's makeup, tooth brush and wrist watch in the bathroom).
Not sure of the date - But it is early April
John Annibel and his friend suddenly showed up at his twin brother's house in Denver, Colorado. (James Annibel is a good guy, and has had nothing to do with any of these crimes. He is incredibly sorry about the things John has done. James' wife is Pam Smith. John is suspected of killing Pam's younger sister, Sherry).
As soon as John arrived, Pam looked out the window and said to James, "What is he doing here?"
John told James and Pam that Andrea had left him, and he decided suddenly to come to Colorado.
Pam said later that John did not seem overly concerned about Andrea being missing.
The next segment will be about Lisa being questioned by investigators about John and Andrea, and the court order to arrest John Annibel in Colorado, and extradite him to California.
Robert Scott
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04-03-2006 09:21 PM
rstruecrime01
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Time line
Here is where the narrative time line picks up on the case about John Annibel and Andrea LaDeRoute.
Lisa LaDeRoute's boyfriend at the time was Mike Cortopassi. He had recently moved from Humboldt County, California, to Colorado, and wanted Lisa to join him there. But she was too busy looking for Andrea in Humboldt County. Mike also knew John Annibel.
April 2 or 3, 1980 - Either John had contacted Mike, or Mike contacted John in Colorado. Mike phoned Lisa and said that John somehow knew that Lisa had been talking to the police about him. Mike said John was angry at her. Mike said that John had an airline ticket back to California, and that he was afraid that John was going back there to hurt her.
April 4, 1980 - Lisa was contacted by Deputy DA Moench of Humboldt Co. , and asked to come over to the court house. Moench told Lisa that the blood found in the cottage that John and Andrea shared, matched Andrea's blood type. They went into the DA's office, and several investigators were there. Lisa told them about the new information from Colorado, and also about John abusing Andrea twice in the past.
An arrest warrant was presented by Mike Losey. In part it stated, "Based on the above evidence and information, probable cause exists to believe that LaDeRoute has been murdered. Further, the available physical evidence, as well as circumstantial evidence, indicates that John Annibel murdered Andrea LaDeRoute."
The arrest warrant was signed by a judge. Judge Buffington signed an extridition order for John to be brought back from Colorado to California.
March 5, 1980 - DDA Rick Moench and Investigator Mike Losey got on a plane and flew back to Denver, Colorado.
The next segement will be about the arrest of John Annibel and some of the things he said while being questioned in Denver.
Robert Scott
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04-04-2006 09:17 PM
rstruecrime01
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Time Line
There is a correction for the last posting - It should read that on April 5, 1980 (Not March 5, 1980), DDA Rick Moench and Detective Mike Losey, got on a plane to go and arrest John Annibel in Denver, Colorado.
April 5, 1980 - Denver PD Detectives Peter Diaz and Charles Secord -Detective Mike Losey and DDA Rick Moench, and other officers went to arrest John Annibel at his brother's home in Denver. Losey recalled, "It was about 7:30 PM when we arrived. There were up to ten officers present. They immediately put John under arrest, handcuffed him, and placed him on a couch."
James Annibel gave the officers the right to search the house. They gathered up bags of John's clothing, a TV set and stereo receiver. John was then taken to the Detective Homicide Division Interview Room.
Detectives also spoke with James Annibel, Pam Smith Annibel and John's friend, Rick Malcomb.
John Annibel was Mirandized at the interview room. John said that Andrea had gone to the bus stop to catch the bus for the College of the Redwoods on March 17, 1980 at around 6:30 AM. He said that he went to work about 6:45 AM. Later he changed his story, and said that he did not go to work, because he and Andrea had a fight.
John admitted he never told his employer, the Pacific Lumber Company, that he was leaving the area. (According to Lisa, he did not even stick around to pick up his last paycheck).
The detectives wanted to know why John had recently bought a shovel and hoe. He said he wanted to garden around the cottage. He had not done these activities in the past.
They wanted to know why he bought a new garbage can. He said the old one had been stolen.
They wanted to know why he had done Andrea's laundry. He said he'd done it in case she came back. He put it in a locked storage shed. He admitted that Andrea did not have a key to that shed.
John spoke of a storage locker in Eureka, that Andrea had. According to Lisa, John was not supposed to know about that storage locker. Andrea had recently rented it, and put items in there, in case she left John in a hurry. Andrea had the bills for the locker go to a friend's residence.
John admitted about a remark that Andrea had recently made about him - "You're a Mama's boy," had made him a "little" mad. In his words - "I was a little mad. Not a whole lot."
Detective Losey - "Things just aren't adding up, John. You gave up on her, (Andrea) awfully quickly. Why did you come out to Colorado?"
John said he wanted to see his brother, James. That they were close. James would later say that he and John were not close. In fact, James and older brother, Ted, considered John to be "weird."
A detective (not sure which one) said, "We have evidence that Andrea has been killed. She's dead."
John replied, "Yes sir." (It is not possible from the tone of his voice to tell if he meant, Yes, sir, I know she's dead. Or yes sir, just to say that he understood what the detective was saying).
The detective said, "You tried to hide the body."
John said, "No, that's not it. I'm not sure she's even dead. I shouldn't say much more."
The interview was terminated around that point. It had lasted for more than an hour.
Next segment will be about the search of John's car, and the items found in there.
Robert Scott
Registered: Feb 2006
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Posts: 38
Time line
April 6, 1980 - John Annibel's Camaro was searched at a Denver PD facility. Present were Detective Mike Losey and Denver ID Techs J.F. McKinney and J. D. Warren.
Possible evidence discovered in the car.
1. A rust-colored petit-sized jacket found in the trunk. (John had described Andrea as wearing this jacket on the morning he last saw her). The jacket had been wrapped in a blanket and the blanket had dirt, leaves and twigs on it. There were also leaves and twigs in the trunk.
2. One woman's boot. Possible blood stain on boot.
3. One green/gray black throw rug.
4. One Tam hat.
5. Three women's socks.
6. One trunk mat.
7. One hand drawn map. (What was on the map was not on record. But it seems to be important enough, so that it is mentioned).
8. One hacksaw. Some kind of stain on blade.
John Annibel waived extradition and on April 7, 1980 he was flown back to California. Detective Losey and DDA Rick Moench were along on the flight.
April 7, 1980 - John Annibel was booked into the county jail on a charge of murder. Bail was set at $100,000. John did not make bail, and stayed in jail.
April 9? - John, through his lawyer, William Ferroggiaro, enters no plea.
April 10 - FPD Chief William Terry sends letter to Denver Police Dept. thanking Pete Diaz, Charles Secord and Leroy Dominguez for their assistance in executing the arrest warrant. Terry requests that evidence seized from John's car be sent to the FPD, via UPS.
April 11 - Investigator Floyd Stokes writes a request to the FBI - Attention Special Agent Robert Holt, Serology Lab - Washington, DC. (According to Lisa, the evidence collected in the cottage in Fortuna was sent to the DOJ lab in Redding, California, be could not be analyzed because they did not have sufficient equipment necessary to perform testing. Stokes indicated that the perp was awaiting trial, and that the testing results were critical. )
April 22 - (Only one day before John is scheduled for his preliminary hearing. Items are finally sent from Humboldt County to the FBI lab. It is obvious at this point, they will not be back in time for John's hearing the next day).
Items sent to FBI lab.
1. 20 cc of whole blood from John Annibel.
2. Two pieces of blood-stained mattress.
3. One fitted bottom sheet with possible blood stains.
4. One pillow case with possible blood stains.
5. One rust-colored jacket with possible blood stains.
6. One high-topped woman's boot with possible blood stain.
7. One hacksaw with unknown substance in teeth of blade.
(Note - this is the hacksaw and blade found at the cottage in Fortuna - not the hacksaw and blade found in the trunk of John's car).
April 23, 1980 - John Annibel's preliminary hearing.
Present - DDA Rick Moench
Judge John Buffington
John's defense lawyer - William Ferroggiaro
John Annibel.
Because evidence items have not been analyzed and returned from the FBI lab in Washington D.C. - Rick Moench declares, "People unable to proceed." The case is dismissed peruant to PC 859 (b). Defendant, John Annibel discharged from custody. District Attorney Bernard DePaoli tells a reporter that the case will be re-filed when evidence comes back from the lab.
The next segment will deal with new evidence discovered in 1980 - after April 23, 1980.
Robert Scott
rstruecrime01
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Time Line
The time line picks up sometime in late April 1980. An anonymous phone caller phones in to the Fortuna PD. It's either an elderly woman, or someone disguising their voice.
Caller - "I don't want to get involved."
Officer - "That's fine. Which girl are you talking about?"
Caller - "The one they've been looking for in Fortuna."
Officer - "Andrea LaDeRoute?"
Caller - "Yeah. I found a note in my mailbox that said that her body was behind a rock on Table Bluff."
Officer - Where was the letter postmarked from."
Long silence
Caller - "It wasn't mailed."
Officer - "Then how did you get it?"
Another long silence.
Caller - "I found it in my mailbox. I only live a few blocks from where she disappeared."
Officer - "Okay. I understand you don't want to be involved. Would you mind sending us the note?"
Very long silence
Caller - "I can't."
Officer - "Why not?"
Caller - "Because I don't have it any longer."
Officer - "What happened to the note?"
Caller - "I burnt it."
Then the caller hung up.
Andrea LaDeRoute's body was not found at Table Bluff, but her purse and a leather key ring, with the Letter A, was found there. Lisa recognized Andrea's purse.
Acid-sensitive probes were used in the area to try and locate Andrea's body. Her remains were not found.
A police forensic pyschic, Carole Lynn Grant, was used to hypnotize Lisa and see if she could recall any valuable information. The authorities promised to show Lisa their findings from the session. To date, they have not done so.
May 19, 1980 - Some results from the FBI lab.
1. From three pieces of mattress - human blood, type A, identified. Andrea had type A blood.
2. Fitted bed sheet - human blood identified.
3. Pillow case - human blood identified.
4. Hacksaw - unknown material present.
One thing I forget about earlier was that on April 24, 1980 - John Annibel was allowed back in the cottage he had shared with Andrea. One of the officers there, and I don't recall his name, but Lisa might, made the following report. "I stood at the corner of the room, formerly where the bed was located. Mr. Redmond (Not sure who that is), showed me an envelope addressed to Andrea. 'You keep this,' he said. I stuck it in my pocket. They began to move a large multi-drawer chest. I noticed a black folding knife on the floor next to where the chest was. The white male, (not sure who) said, 'It belongs to John Annibel. He got it for Christmas. You'd better take it.'
"I took the knife and stuck it in my jacket. I remained at the scene until all the items were removed. I returned to the Fortuna Police Dept. and placed both items into evidence."
Though I've looked, I don't see any documentation that the black knife or envelope were sent to the FBI lab.
Next segment - authorities looking at evidence, once again after John Annibel murdered Debbie Sloan in 1998.
Robert Scott
rstruecrime01
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Time line
Because of John Annibel's arrest for the murder of Debbie Sloan, in 1998 in Mendocino County, there was a new flurry of activity on the Andrea LaDeRoute case in Humboldt County.
Sergeant Rogers of the Fortuna Police Dept. was now handling the LaDeRoute case. He sent many of the items that had been stored in evidence, to a California Dept. of Justice Lab. (Technology was of course at a higher degree in 1999 than it had been in 1980 - including the use of DNA). Besides the items already mentioned, that had been sent to the FBI lab in 1980, there were some new items listed.
1. A pillow case from the trunk of John's car.
2. A pair of brown suede shoes. (I don't know if they are for a man or woman)
3. A black folding knife. (The one that had been given to John as a Christmas present. However, there is a notation that this knife must have made it to the FBI lab at some point. Because the note says they listed it as item Q-12 and they wrote, "Blood found on knife - not further characterized.")
March 24, 1999 - DOJ Tech Kay Belchner had this report on items sent to the DOJ lab by Sgt. Rogers.
1. Left woman's boot - positive for blood on top inner side -strongly positive.
B. Side of boot - strongly positive
C. Instep of outside - weakly positive.
2. Left shoe of pair of tan and suede shoes - "Has a stain on the upper outside giving a positive presumptive test for human blood."
3. Fitted sheet from cottage in Fortuna - "The staining is located within a several inch area, and includes some stain spatter."
4. Flat sheet - "Several small stains on both ends and one toward the center."
5. Pillow case from cottage (not from the car) - "At opening - some splatter."
6. Mattress pieces - "At least one is similar in size and appearance to a stain on the bottom sheet."
7. Three carpet pieces
A. Stain on the smaler piece tested positive for human blood.
B. On larger piece - weak positive for blood.
For some reason there is this notation about the knife - "The large knife is in pieces, apparently having been cut." (I believe there were two knives in evidence).
Eventually Lisa had a DNA sample taken from her. There was a match to the blood, proving that the blood present on the items from the cottage came from Andrea LaDeRoute. (However, I don't know if this applies to the one item - the tan and suede shoes).
Next segment - The Discovery of Andrea's remains in 2002.
Robert Scott
rstruecrime01
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Time line
August 9, 2002 - Forestry workers, replanting an area off of Redwood House Road, on Pacific Lumber property, discover a human skull. (And other remains or evidence- which have not been disclosed). John Annibel, was a Pacific Lumber Co. worker in the 1980s, working out of the Carlotta Division near here. His brother James, also said that John used to go hunting on that road with him and his dad).
Between 8/9/02 and 8/12/02 - a preliminary exam on the skull must have been performed, because Lisa says, "I was notified on 8/12/02 that the remains were Andrea's. The first dental exam was on the 12th.")
Lisa's notes - Preliminary ID Exam - 8/28/02
August 30, 2002 - Eureka Times Standard reports on events of August 29th - "Skull identified as Fortuna woman missing since 1980. John Annibel reported her missing and was a suspect in her disappearance, but he was never charged." (Not true - he was arrested in Colorado and charged with murder). "More details are expected to be available after a press conference at the Fortuna Police Department today."
Lisa was stunned when she read that. No one in authority had told her of a press conference. She, and her husband, and aunt showed up at the conference unannounced. She said later that the authorities did not look pleased by her presence there.
Press Conference of August 30, 2002, as reported in the following day's Eureka Times Standard. "22-year-old murder case reopened." (I won't quote the entire article - just some areas within it). "The Humboldt County Coroner's Office was in the process of attempting to match the dental records from local missing persons to the skull when it received a call from Sgt. Steve Rogers of the Fortuna Police Department.
"Rogers asked the coroner's office to see if the skull matched up with Andrea LaDeRoute, who was reported missing by her boyfriend, John Arthur Annibel, on March 18, 1980.
"The skull was positively identified as LaDeRoute on Thursday. For years there was no activity on her Social Security numbers, leading investigators to believe she was dead.
"Technical advances allowed the department to re-examine blood found in LaDeRoute and Annibel's apartment, which turned out to be LaDeRoute's
"Coroner Frank Jager said materials other than the skull and jawbone were found, but would not say what else.
"Jager said the cause of death is unknown and an expert forensic anthropologist from the San Francisco Bay area will be assisting in further examinations."
It is interesting the authorities went out on a limb, on August 30, 2002, declaring that the skull was in fact Andrea LaDeRoute's. Final dental examinations on the teeth were not done until January 7, 2003. At that time, a forensic dental consultant made these conclusions
1. All restorations matched radiographically.
2. Many unique aspects of the dental anatomy matched radiographically.
3.Positive identification of Andrea LaDeRoute was made based upon multiple concordant points of uniqueness.
The last segment will be about the similarities in the murders of Andrea LaDeRoute, Sherry Lynn Smith and Debbie Sloan. It is a known factor how, when, where etc., Annibel murdered Sloan. Annibel also knew Smith and LaDeRoute.
Robert Scott
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04-07-2006 11:33 PM
rstruecrime01
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Time Line
Here are similarities that concern the murders of Sherry Lynn Smith (May 1976), Andrea LaDeRoute (March 1980), and Debbie Sloan, (November 1998).
1. John Annibel knew all of these victims
a. Sherry Smith's sister, Pam, was John's twin brother (James), girlfriend at the time. Pam later became James' wife.
b. Andrea was John's girlfriend. They lived together in a cottage in Fortuna, California.
c. John met Debbie Sloan at a bar in Laytonville, California. They went out to dinner, to an Indian casino and finally to his motel room in Laytonville.
2. All victims were close in age to John at the time of their deaths.
a. Sherry was 15 years old in 1976
John was 18 in 1976.
b. Andrea was 20 years old in 1980.
John was 22 in 1980.
c. Debbie was 42 in 1998.
John was 40 in 1998.
3. All of the victims were brunettes. Andrea had dyed blond hair at the time of her death. Lisa said that John never did like Andrea with blond hair.
4. All victims were murdered in the early morning hours.
a. Sherry was murdered sometime between 2:15 AM and 3:15 AM.
b. Andrea was last seen for sure on the afternoon of March 16, 1980. She may have been spotted about 9 PM or 10 PM on March 16. She was murdered sometime before 6 AM on March 17, 1980.
c. Debbie Sloan was murdered between midnight and 2 AM.
5. Blunt force trauma to the head.
a. Sherry was severly beaten around the face and head.
b. A coroner's report on Andrea's skull suggests that she sustained some kind of blunt force trauma to the head.
c. Debbie was hit in the head before being strangled to death.
d. When John was 14, he hit a girl in the head with an ax handle. She didn't know why he did it, other than he was drunk and seemed to be angry about something.
6. Strangulation of victims.
a. Primary cause of death to Sherry - strangulation.
b. It's impossible to know at this point how Andrea was murdered. However, Lisa said that prior to Andrea disappearing, John had tried strangling her. If John's father had not pulled him off, Andrea believed he might have strangled her to death.
c. Debbie was strangled to death.
7. Anger issues.
a. Pam Smith believes that John was angry at Sherry, because he was supposed to give her a ride home from a dance. He wanted to leave early, and she wanted to stay.
b. There are several reports of Andrea bad-mouthing John in the month prior to her death. Also, he may have found out that she secretly had rented a storage locker, and filled it with some items, in case she had to leave him suddenly.
c. Some people at the motel heard a loud argument in the motel room that John and Debbie were in.
8. Use of John's car
a. John was supposed to give Sherry a ride home from the dance.
Tire tread marks, near where he body was found, matched well to John's Ford Mustang.
b. Several items belonging to Andrea were found in the trunk of John's Chevy Camaro, when he was arrested in Denver, Colorado. Her rust colored jacket and one of her high topped boots were found in the trunk. John had said that she had been wearing these items when he last saw her leaving for college on the morning of March 17th. So why were these items in his car? Also, found was a blanket, covered with dirt, twigs and leaves.
c. Debbie Sloan's body was removed by John from the motel room in a blanket and his sleeping bag, to his car. A guest at the motel had stepped outside to smoke a cigarette about 2 AM. They saw John carrying something heavy in a blanket about that time, and walking toward his car.
9. Killed in one location and dumped in another.
a. Sherry's broken necklace was discovered on Eel Rock Rd., not far from where John lived at the time. Her body was found down a small, un-used logging road that only a local would know.
b. Andrea was most likely killed in the cottage that she and John shared. Her skull was found 22 years later by forestry workers, near a logging road about 15 miles away. John had worked in the area in 1980.
c. Debbie's murder occurred in the Laytonville motel. Her body was dumped down a ravine off of a small two lane road, about 15 miles away. John used this road every work day, going from his residence to work.
10. Personal items dumped elsewhere
a. Sherry's luggage was discovered about 2 miles from where her body was found.
b. Andrea's purse and a key ring were found about 15 miles from where he skull was found.
c. Debbie's clothing was tossed off a cliff side toward the ocean by John. This was about 10 miles from where her body was found.
11. All of the bodies were discovered by chance.
a. Sherry's body was discovered by a motor cycle rider, who just happened to pick that small logging road as a place to urinate.
b. Andrea's skull was discovered 22 years after her murder, by forestry workers who were in the area replanting trees.
c. Debbie's body was found by a road crew who happened to be out after a storm, checking for storm damage.
All of these similarities are not some kind of attempt to railroad John Annibel. Rather this is an attempt to try and make the Humboldt County District Attorney's Office move forward on the cases concerning Sherry Lynn Smith and Andrea LaDeRoute. Pam Smith Annibel has waited almost 30 years for justice for her sister, and Lisa LaDeRoute L..., 26 years for her sister. It is up to a jury of John's peers to decide whether he is guilty or not for these crimes. If he is found innocent - so be it, but Sherry Smith and Andrea LaDeRoute deserve their day in court. And Lisa deserves to have Andrea's remains removed from a cardboard box on a shelf, and returned to her for a proper memorial service. Common decency demands it for Andrea, who was a loving sister, dutiful daughter, and lovely young woman, who had her whole life ahead of her until it was snuffed out in March 1980.
Robert Scott
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Just wondering...
Now that all the information about the book and the name of the victim(s) and suspect have been revealed, I was wondering if you would re-post the links to the various articles and information on the case that had been removed from posts earlier on... or e-mail them to me? (hinsdalechickie@Adelphia.net)
First and formost, I am completely outraged for your family and the family of Sherry Lynn, and would like to get involved in the effort to push the Humboldt Co. DA's office to finally ACT on this matter, but...
I must admit, I have a personal interest in this case, as well. I am Rick Malcomb's daughter.
My best wishes for your family and for your fight to bring your sister's death to justice.
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05-02-2006 06:19 PM
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Posted by Robert Scott on 04/03/06
"The next day, - John Annibel does not go to work. He quickly packs his car and leaves with a friend, for Colorado... (As far as we know, and all indications point that way, the friend had nothing to do with Andrea's disappearance). "
Not only do I believe my father had nothing to do with Andrea's murder, I also know my parents BOTH felt as James did, that John was "weird". I have actually heard my mother use this exact word to describe him.
My father was (is still) great friends with James, which brought him into regular contact with John over the years, but I wouldn't say they were "friends". I have not been in regular contact with my father for several years, and I am not sure how it came to be that he left Humboldt County with John to go to Colorado, but I intend to do my best to find out... for my own piece of mind as well as for any possibly useful information I may be able to glean.
Last edited by on 05-02-2006 at 06:50 PM
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05-02-2006 06:46 PM
rstruecrime01
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Rick
Hi
I'm glad to hear from you, and I'm sure Lisa is as well. I totally agree with you that your dad, Rick, had nothing to do with Andrea's disappearance and murder. When Rick spoke with a detective in 1998 (and I'm not sure if it was with Mike Losey or Sgt. Rogers), here is what he had to say about the events of March 1980.
Rick said that he had known John Annibel since they were kids. He was a friend with James, more than John. Rick was between jobs in March of 1980. At that time, he would sometimes go to the Town Club in Fortuna. John met him there in late March 1980, and started pestering Rick to go with him to Colorado. Since Rick had nothing tying hm down at the time, he agreed to go with John.
In a separate report, and this one was to Sgt. Steve Rogers, Rick said that he was living in Hydesville, Humboldt County in 1980. John Annibel started hanging out with Rick again after Andrea's disappearance. It was kind of a surprise to Rick, because he had not kept in touch with John for years. Apparently John had lied to Rick about the murder of Sherry Lynn Smith, because Rick was always under the impression that Sherry had been murdered down in the San Francisco Bay Area, not near John's home.
Rick was at the cottage that John and Andrea shared, after Andrea was missing. He did not see blood spatters there, but neither had Lisa when she went there. (They may have been swiped with a rag. There are indications that there was some attempts at clean up).
This next report was with Rick and Detective Losey in April 1980 - in Denver, after John had just been arrested. Rick said he was with John at the Town Club, and John told him that he had called Lisa about Andrea being missing. (Lisa has said that John never called her, and didn't even know her phone number). John also said that Andrea had between $400 and $600 on her when she went missing. (Andrea did get a $400 check for college aid, but her last check of that amount was never cashed). There is some confusion about what day John and Rick left for Denver in John's Camaro. But Rick remembers they left about 11 PM at night. They stopped at John's cousin's house in Grass Valley, California, to sleep for awhile. Then they drove straight through to Denver from there.
Rick told Losey _ "John always spent a lot of time on back roads." He also said, "John lied to me about going to work the day that Andrea went missing. I found out later he did not go to work that day."
During the trip out to Colorado, John did not talk about Andrea's disappearance very much. Rick thought John was somewhat upset about it, but not a whole lot. Rick recalled the backseat and trunk of John's car being crammed with stuff.
Rick said, "John has always been kind of a strange person."
If you talk to your dad, here is one question you might ask. John, when he was questioned by the detectives in Denver said, "I went to Circle K about 9 PM (on March 16, 1980) and got some milk. Then I went to the Town Club. That was the first time for me. I know that Andrea never went there."
But Andrea's old boyfriend, Billy, would say later that he saw John and Andrea there that night - March 16th. And John would later say that he and Andrea had a fight on the night of the 16th. He was supposedly so upset by it, he did not go to work on the 17th. And of course, she had "disappeaered" on that day. I was wondering if your dad would know anyone who had ever seen Andrea at the Town Club - especially on March 16th. Was the fight about her old boyfriend? About something else? At this point, anything your dad can remember would be helpful to Lisa.
Thanks for posting. I hope all is going well for you.
Best,
Robert Scott
PS. I think there is more concerning Rick's statements back in 1980 - but I'll have to try and find them. Also, he wasn't being singled out for questioning then. Both Pam and James were also questioned about why John had suddenly decided to drive all the way to Denver, Colorado.
Hi Kbp:
I'm glad the time line helps. You're right - getting all the information from different sources, and trying to meld it all into a book isn't always easy. But as I said, before, you have a different kind of talent I don't have - and that is, taking this information and putting it in a context that helps Lisa in a structured format. I don't have the organizational skills that work best over the Internet. So it's great that our different skills compliment each other.
Here is the time line narritive, from where I left off.
March 31, 1980 - Detective Mike Losey of the Fortuna Police Dept. went to the cottage where John Annibel and Andrea lived. Annibel did not meet Losey there, as he had promised. Losey discovered from John's mother, that he had suddenly left the area for Denver, Colorado. Losey learned that John did not tell his employer, the Pacific Lumber Company, that he was leaving the area. Losey learned through the Humboldt Co. Sheriff's Office that John Annibel was the main suspect in the murder of Sherry Lynn Smith in 1976. Annibel had failed a polygraph test on this case, and there were several bits of evidence linking him to her murder. (More on this when I get to the Smith case).
April 1, 1980 - Detective Mike Losey obtained a search warrant to search the cottage shared by John and Andrea. The landlord of the cottage said that John had not paid for the upcoming month of April, nor had he collected a cleaning deposit if he intended to leave.
Investigators conducting the search
FPD Detective Mike Losey
Sergeant Silvers - (FPD?)
DA Investigator Floyd Stokes
Deputy DA Rick Moench
ID Evidence Tech Bud Thompson
Jack Morrison (Not sure which agency)
Later - I D Tech Joe Rynearson
Thompson photographed cottage
Losey looked for evidence, made sketches and measurements
Rynearson collected several pieces of evidence to be analyzed
1. Complete bed, mattress, box springs and frame
2. Mirror on south wall above bed.
3. A metal garbage can from outside
4. A black buck knife found on nightstand
5. A calendar hanging on north wall with all the dates through March 17th, X'd out.
After the search, Detective Losey wrote, "An amount of evidence was discovered which would substantiate the probability of a violent act having occurred in the residence."
(I'm not sure if it was at this time, but it does come into play at some point that Detective Losey said that he saw small blood stains on the wall and mirror).
April 3, 1980 - Detective Losey showed Lisa LaDeRoute a wallet removed from the bathroom in the cottage. Lisa said that Andrea always carried that wallet, and she had not seen it in the cottage when she had gone there in March. (I believe Lisa said that Losey told her the wallet had been found on the area on the back of the toilet. She knows she had not seen it there in March when she viewed Andrea's makeup, tooth brush and wrist watch in the bathroom).
Not sure of the date - But it is early April
John Annibel and his friend suddenly showed up at his twin brother's house in Denver, Colorado. (James Annibel is a good guy, and has had nothing to do with any of these crimes. He is incredibly sorry about the things John has done. James' wife is Pam Smith. John is suspected of killing Pam's younger sister, Sherry).
As soon as John arrived, Pam looked out the window and said to James, "What is he doing here?"
John told James and Pam that Andrea had left him, and he decided suddenly to come to Colorado.
Pam said later that John did not seem overly concerned about Andrea being missing.
The next segment will be about Lisa being questioned by investigators about John and Andrea, and the court order to arrest John Annibel in Colorado, and extradite him to California.
Robert Scott
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04-03-2006 09:21 PM
rstruecrime01
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Time line
Here is where the narrative time line picks up on the case about John Annibel and Andrea LaDeRoute.
Lisa LaDeRoute's boyfriend at the time was Mike Cortopassi. He had recently moved from Humboldt County, California, to Colorado, and wanted Lisa to join him there. But she was too busy looking for Andrea in Humboldt County. Mike also knew John Annibel.
April 2 or 3, 1980 - Either John had contacted Mike, or Mike contacted John in Colorado. Mike phoned Lisa and said that John somehow knew that Lisa had been talking to the police about him. Mike said John was angry at her. Mike said that John had an airline ticket back to California, and that he was afraid that John was going back there to hurt her.
April 4, 1980 - Lisa was contacted by Deputy DA Moench of Humboldt Co. , and asked to come over to the court house. Moench told Lisa that the blood found in the cottage that John and Andrea shared, matched Andrea's blood type. They went into the DA's office, and several investigators were there. Lisa told them about the new information from Colorado, and also about John abusing Andrea twice in the past.
An arrest warrant was presented by Mike Losey. In part it stated, "Based on the above evidence and information, probable cause exists to believe that LaDeRoute has been murdered. Further, the available physical evidence, as well as circumstantial evidence, indicates that John Annibel murdered Andrea LaDeRoute."
The arrest warrant was signed by a judge. Judge Buffington signed an extridition order for John to be brought back from Colorado to California.
March 5, 1980 - DDA Rick Moench and Investigator Mike Losey got on a plane and flew back to Denver, Colorado.
The next segement will be about the arrest of John Annibel and some of the things he said while being questioned in Denver.
Robert Scott
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04-04-2006 09:17 PM
rstruecrime01
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Time Line
There is a correction for the last posting - It should read that on April 5, 1980 (Not March 5, 1980), DDA Rick Moench and Detective Mike Losey, got on a plane to go and arrest John Annibel in Denver, Colorado.
April 5, 1980 - Denver PD Detectives Peter Diaz and Charles Secord -Detective Mike Losey and DDA Rick Moench, and other officers went to arrest John Annibel at his brother's home in Denver. Losey recalled, "It was about 7:30 PM when we arrived. There were up to ten officers present. They immediately put John under arrest, handcuffed him, and placed him on a couch."
James Annibel gave the officers the right to search the house. They gathered up bags of John's clothing, a TV set and stereo receiver. John was then taken to the Detective Homicide Division Interview Room.
Detectives also spoke with James Annibel, Pam Smith Annibel and John's friend, Rick Malcomb.
John Annibel was Mirandized at the interview room. John said that Andrea had gone to the bus stop to catch the bus for the College of the Redwoods on March 17, 1980 at around 6:30 AM. He said that he went to work about 6:45 AM. Later he changed his story, and said that he did not go to work, because he and Andrea had a fight.
John admitted he never told his employer, the Pacific Lumber Company, that he was leaving the area. (According to Lisa, he did not even stick around to pick up his last paycheck).
The detectives wanted to know why John had recently bought a shovel and hoe. He said he wanted to garden around the cottage. He had not done these activities in the past.
They wanted to know why he bought a new garbage can. He said the old one had been stolen.
They wanted to know why he had done Andrea's laundry. He said he'd done it in case she came back. He put it in a locked storage shed. He admitted that Andrea did not have a key to that shed.
John spoke of a storage locker in Eureka, that Andrea had. According to Lisa, John was not supposed to know about that storage locker. Andrea had recently rented it, and put items in there, in case she left John in a hurry. Andrea had the bills for the locker go to a friend's residence.
John admitted about a remark that Andrea had recently made about him - "You're a Mama's boy," had made him a "little" mad. In his words - "I was a little mad. Not a whole lot."
Detective Losey - "Things just aren't adding up, John. You gave up on her, (Andrea) awfully quickly. Why did you come out to Colorado?"
John said he wanted to see his brother, James. That they were close. James would later say that he and John were not close. In fact, James and older brother, Ted, considered John to be "weird."
A detective (not sure which one) said, "We have evidence that Andrea has been killed. She's dead."
John replied, "Yes sir." (It is not possible from the tone of his voice to tell if he meant, Yes, sir, I know she's dead. Or yes sir, just to say that he understood what the detective was saying).
The detective said, "You tried to hide the body."
John said, "No, that's not it. I'm not sure she's even dead. I shouldn't say much more."
The interview was terminated around that point. It had lasted for more than an hour.
Next segment will be about the search of John's car, and the items found in there.
Robert Scott
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Time line
April 6, 1980 - John Annibel's Camaro was searched at a Denver PD facility. Present were Detective Mike Losey and Denver ID Techs J.F. McKinney and J. D. Warren.
Possible evidence discovered in the car.
1. A rust-colored petit-sized jacket found in the trunk. (John had described Andrea as wearing this jacket on the morning he last saw her). The jacket had been wrapped in a blanket and the blanket had dirt, leaves and twigs on it. There were also leaves and twigs in the trunk.
2. One woman's boot. Possible blood stain on boot.
3. One green/gray black throw rug.
4. One Tam hat.
5. Three women's socks.
6. One trunk mat.
7. One hand drawn map. (What was on the map was not on record. But it seems to be important enough, so that it is mentioned).
8. One hacksaw. Some kind of stain on blade.
John Annibel waived extradition and on April 7, 1980 he was flown back to California. Detective Losey and DDA Rick Moench were along on the flight.
April 7, 1980 - John Annibel was booked into the county jail on a charge of murder. Bail was set at $100,000. John did not make bail, and stayed in jail.
April 9? - John, through his lawyer, William Ferroggiaro, enters no plea.
April 10 - FPD Chief William Terry sends letter to Denver Police Dept. thanking Pete Diaz, Charles Secord and Leroy Dominguez for their assistance in executing the arrest warrant. Terry requests that evidence seized from John's car be sent to the FPD, via UPS.
April 11 - Investigator Floyd Stokes writes a request to the FBI - Attention Special Agent Robert Holt, Serology Lab - Washington, DC. (According to Lisa, the evidence collected in the cottage in Fortuna was sent to the DOJ lab in Redding, California, be could not be analyzed because they did not have sufficient equipment necessary to perform testing. Stokes indicated that the perp was awaiting trial, and that the testing results were critical. )
April 22 - (Only one day before John is scheduled for his preliminary hearing. Items are finally sent from Humboldt County to the FBI lab. It is obvious at this point, they will not be back in time for John's hearing the next day).
Items sent to FBI lab.
1. 20 cc of whole blood from John Annibel.
2. Two pieces of blood-stained mattress.
3. One fitted bottom sheet with possible blood stains.
4. One pillow case with possible blood stains.
5. One rust-colored jacket with possible blood stains.
6. One high-topped woman's boot with possible blood stain.
7. One hacksaw with unknown substance in teeth of blade.
(Note - this is the hacksaw and blade found at the cottage in Fortuna - not the hacksaw and blade found in the trunk of John's car).
April 23, 1980 - John Annibel's preliminary hearing.
Present - DDA Rick Moench
Judge John Buffington
John's defense lawyer - William Ferroggiaro
John Annibel.
Because evidence items have not been analyzed and returned from the FBI lab in Washington D.C. - Rick Moench declares, "People unable to proceed." The case is dismissed peruant to PC 859 (b). Defendant, John Annibel discharged from custody. District Attorney Bernard DePaoli tells a reporter that the case will be re-filed when evidence comes back from the lab.
The next segment will deal with new evidence discovered in 1980 - after April 23, 1980.
Robert Scott
rstruecrime01
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Time Line
The time line picks up sometime in late April 1980. An anonymous phone caller phones in to the Fortuna PD. It's either an elderly woman, or someone disguising their voice.
Caller - "I don't want to get involved."
Officer - "That's fine. Which girl are you talking about?"
Caller - "The one they've been looking for in Fortuna."
Officer - "Andrea LaDeRoute?"
Caller - "Yeah. I found a note in my mailbox that said that her body was behind a rock on Table Bluff."
Officer - Where was the letter postmarked from."
Long silence
Caller - "It wasn't mailed."
Officer - "Then how did you get it?"
Another long silence.
Caller - "I found it in my mailbox. I only live a few blocks from where she disappeared."
Officer - "Okay. I understand you don't want to be involved. Would you mind sending us the note?"
Very long silence
Caller - "I can't."
Officer - "Why not?"
Caller - "Because I don't have it any longer."
Officer - "What happened to the note?"
Caller - "I burnt it."
Then the caller hung up.
Andrea LaDeRoute's body was not found at Table Bluff, but her purse and a leather key ring, with the Letter A, was found there. Lisa recognized Andrea's purse.
Acid-sensitive probes were used in the area to try and locate Andrea's body. Her remains were not found.
A police forensic pyschic, Carole Lynn Grant, was used to hypnotize Lisa and see if she could recall any valuable information. The authorities promised to show Lisa their findings from the session. To date, they have not done so.
May 19, 1980 - Some results from the FBI lab.
1. From three pieces of mattress - human blood, type A, identified. Andrea had type A blood.
2. Fitted bed sheet - human blood identified.
3. Pillow case - human blood identified.
4. Hacksaw - unknown material present.
One thing I forget about earlier was that on April 24, 1980 - John Annibel was allowed back in the cottage he had shared with Andrea. One of the officers there, and I don't recall his name, but Lisa might, made the following report. "I stood at the corner of the room, formerly where the bed was located. Mr. Redmond (Not sure who that is), showed me an envelope addressed to Andrea. 'You keep this,' he said. I stuck it in my pocket. They began to move a large multi-drawer chest. I noticed a black folding knife on the floor next to where the chest was. The white male, (not sure who) said, 'It belongs to John Annibel. He got it for Christmas. You'd better take it.'
"I took the knife and stuck it in my jacket. I remained at the scene until all the items were removed. I returned to the Fortuna Police Dept. and placed both items into evidence."
Though I've looked, I don't see any documentation that the black knife or envelope were sent to the FBI lab.
Next segment - authorities looking at evidence, once again after John Annibel murdered Debbie Sloan in 1998.
Robert Scott
rstruecrime01
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Time line
Because of John Annibel's arrest for the murder of Debbie Sloan, in 1998 in Mendocino County, there was a new flurry of activity on the Andrea LaDeRoute case in Humboldt County.
Sergeant Rogers of the Fortuna Police Dept. was now handling the LaDeRoute case. He sent many of the items that had been stored in evidence, to a California Dept. of Justice Lab. (Technology was of course at a higher degree in 1999 than it had been in 1980 - including the use of DNA). Besides the items already mentioned, that had been sent to the FBI lab in 1980, there were some new items listed.
1. A pillow case from the trunk of John's car.
2. A pair of brown suede shoes. (I don't know if they are for a man or woman)
3. A black folding knife. (The one that had been given to John as a Christmas present. However, there is a notation that this knife must have made it to the FBI lab at some point. Because the note says they listed it as item Q-12 and they wrote, "Blood found on knife - not further characterized.")
March 24, 1999 - DOJ Tech Kay Belchner had this report on items sent to the DOJ lab by Sgt. Rogers.
1. Left woman's boot - positive for blood on top inner side -strongly positive.
B. Side of boot - strongly positive
C. Instep of outside - weakly positive.
2. Left shoe of pair of tan and suede shoes - "Has a stain on the upper outside giving a positive presumptive test for human blood."
3. Fitted sheet from cottage in Fortuna - "The staining is located within a several inch area, and includes some stain spatter."
4. Flat sheet - "Several small stains on both ends and one toward the center."
5. Pillow case from cottage (not from the car) - "At opening - some splatter."
6. Mattress pieces - "At least one is similar in size and appearance to a stain on the bottom sheet."
7. Three carpet pieces
A. Stain on the smaler piece tested positive for human blood.
B. On larger piece - weak positive for blood.
For some reason there is this notation about the knife - "The large knife is in pieces, apparently having been cut." (I believe there were two knives in evidence).
Eventually Lisa had a DNA sample taken from her. There was a match to the blood, proving that the blood present on the items from the cottage came from Andrea LaDeRoute. (However, I don't know if this applies to the one item - the tan and suede shoes).
Next segment - The Discovery of Andrea's remains in 2002.
Robert Scott
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Time line
August 9, 2002 - Forestry workers, replanting an area off of Redwood House Road, on Pacific Lumber property, discover a human skull. (And other remains or evidence- which have not been disclosed). John Annibel, was a Pacific Lumber Co. worker in the 1980s, working out of the Carlotta Division near here. His brother James, also said that John used to go hunting on that road with him and his dad).
Between 8/9/02 and 8/12/02 - a preliminary exam on the skull must have been performed, because Lisa says, "I was notified on 8/12/02 that the remains were Andrea's. The first dental exam was on the 12th.")
Lisa's notes - Preliminary ID Exam - 8/28/02
August 30, 2002 - Eureka Times Standard reports on events of August 29th - "Skull identified as Fortuna woman missing since 1980. John Annibel reported her missing and was a suspect in her disappearance, but he was never charged." (Not true - he was arrested in Colorado and charged with murder). "More details are expected to be available after a press conference at the Fortuna Police Department today."
Lisa was stunned when she read that. No one in authority had told her of a press conference. She, and her husband, and aunt showed up at the conference unannounced. She said later that the authorities did not look pleased by her presence there.
Press Conference of August 30, 2002, as reported in the following day's Eureka Times Standard. "22-year-old murder case reopened." (I won't quote the entire article - just some areas within it). "The Humboldt County Coroner's Office was in the process of attempting to match the dental records from local missing persons to the skull when it received a call from Sgt. Steve Rogers of the Fortuna Police Department.
"Rogers asked the coroner's office to see if the skull matched up with Andrea LaDeRoute, who was reported missing by her boyfriend, John Arthur Annibel, on March 18, 1980.
"The skull was positively identified as LaDeRoute on Thursday. For years there was no activity on her Social Security numbers, leading investigators to believe she was dead.
"Technical advances allowed the department to re-examine blood found in LaDeRoute and Annibel's apartment, which turned out to be LaDeRoute's
"Coroner Frank Jager said materials other than the skull and jawbone were found, but would not say what else.
"Jager said the cause of death is unknown and an expert forensic anthropologist from the San Francisco Bay area will be assisting in further examinations."
It is interesting the authorities went out on a limb, on August 30, 2002, declaring that the skull was in fact Andrea LaDeRoute's. Final dental examinations on the teeth were not done until January 7, 2003. At that time, a forensic dental consultant made these conclusions
1. All restorations matched radiographically.
2. Many unique aspects of the dental anatomy matched radiographically.
3.Positive identification of Andrea LaDeRoute was made based upon multiple concordant points of uniqueness.
The last segment will be about the similarities in the murders of Andrea LaDeRoute, Sherry Lynn Smith and Debbie Sloan. It is a known factor how, when, where etc., Annibel murdered Sloan. Annibel also knew Smith and LaDeRoute.
Robert Scott
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04-07-2006 11:33 PM
rstruecrime01
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Time Line
Here are similarities that concern the murders of Sherry Lynn Smith (May 1976), Andrea LaDeRoute (March 1980), and Debbie Sloan, (November 1998).
1. John Annibel knew all of these victims
a. Sherry Smith's sister, Pam, was John's twin brother (James), girlfriend at the time. Pam later became James' wife.
b. Andrea was John's girlfriend. They lived together in a cottage in Fortuna, California.
c. John met Debbie Sloan at a bar in Laytonville, California. They went out to dinner, to an Indian casino and finally to his motel room in Laytonville.
2. All victims were close in age to John at the time of their deaths.
a. Sherry was 15 years old in 1976
John was 18 in 1976.
b. Andrea was 20 years old in 1980.
John was 22 in 1980.
c. Debbie was 42 in 1998.
John was 40 in 1998.
3. All of the victims were brunettes. Andrea had dyed blond hair at the time of her death. Lisa said that John never did like Andrea with blond hair.
4. All victims were murdered in the early morning hours.
a. Sherry was murdered sometime between 2:15 AM and 3:15 AM.
b. Andrea was last seen for sure on the afternoon of March 16, 1980. She may have been spotted about 9 PM or 10 PM on March 16. She was murdered sometime before 6 AM on March 17, 1980.
c. Debbie Sloan was murdered between midnight and 2 AM.
5. Blunt force trauma to the head.
a. Sherry was severly beaten around the face and head.
b. A coroner's report on Andrea's skull suggests that she sustained some kind of blunt force trauma to the head.
c. Debbie was hit in the head before being strangled to death.
d. When John was 14, he hit a girl in the head with an ax handle. She didn't know why he did it, other than he was drunk and seemed to be angry about something.
6. Strangulation of victims.
a. Primary cause of death to Sherry - strangulation.
b. It's impossible to know at this point how Andrea was murdered. However, Lisa said that prior to Andrea disappearing, John had tried strangling her. If John's father had not pulled him off, Andrea believed he might have strangled her to death.
c. Debbie was strangled to death.
7. Anger issues.
a. Pam Smith believes that John was angry at Sherry, because he was supposed to give her a ride home from a dance. He wanted to leave early, and she wanted to stay.
b. There are several reports of Andrea bad-mouthing John in the month prior to her death. Also, he may have found out that she secretly had rented a storage locker, and filled it with some items, in case she had to leave him suddenly.
c. Some people at the motel heard a loud argument in the motel room that John and Debbie were in.
8. Use of John's car
a. John was supposed to give Sherry a ride home from the dance.
Tire tread marks, near where he body was found, matched well to John's Ford Mustang.
b. Several items belonging to Andrea were found in the trunk of John's Chevy Camaro, when he was arrested in Denver, Colorado. Her rust colored jacket and one of her high topped boots were found in the trunk. John had said that she had been wearing these items when he last saw her leaving for college on the morning of March 17th. So why were these items in his car? Also, found was a blanket, covered with dirt, twigs and leaves.
c. Debbie Sloan's body was removed by John from the motel room in a blanket and his sleeping bag, to his car. A guest at the motel had stepped outside to smoke a cigarette about 2 AM. They saw John carrying something heavy in a blanket about that time, and walking toward his car.
9. Killed in one location and dumped in another.
a. Sherry's broken necklace was discovered on Eel Rock Rd., not far from where John lived at the time. Her body was found down a small, un-used logging road that only a local would know.
b. Andrea was most likely killed in the cottage that she and John shared. Her skull was found 22 years later by forestry workers, near a logging road about 15 miles away. John had worked in the area in 1980.
c. Debbie's murder occurred in the Laytonville motel. Her body was dumped down a ravine off of a small two lane road, about 15 miles away. John used this road every work day, going from his residence to work.
10. Personal items dumped elsewhere
a. Sherry's luggage was discovered about 2 miles from where her body was found.
b. Andrea's purse and a key ring were found about 15 miles from where he skull was found.
c. Debbie's clothing was tossed off a cliff side toward the ocean by John. This was about 10 miles from where her body was found.
11. All of the bodies were discovered by chance.
a. Sherry's body was discovered by a motor cycle rider, who just happened to pick that small logging road as a place to urinate.
b. Andrea's skull was discovered 22 years after her murder, by forestry workers who were in the area replanting trees.
c. Debbie's body was found by a road crew who happened to be out after a storm, checking for storm damage.
All of these similarities are not some kind of attempt to railroad John Annibel. Rather this is an attempt to try and make the Humboldt County District Attorney's Office move forward on the cases concerning Sherry Lynn Smith and Andrea LaDeRoute. Pam Smith Annibel has waited almost 30 years for justice for her sister, and Lisa LaDeRoute L..., 26 years for her sister. It is up to a jury of John's peers to decide whether he is guilty or not for these crimes. If he is found innocent - so be it, but Sherry Smith and Andrea LaDeRoute deserve their day in court. And Lisa deserves to have Andrea's remains removed from a cardboard box on a shelf, and returned to her for a proper memorial service. Common decency demands it for Andrea, who was a loving sister, dutiful daughter, and lovely young woman, who had her whole life ahead of her until it was snuffed out in March 1980.
Robert Scott
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Just wondering...
Now that all the information about the book and the name of the victim(s) and suspect have been revealed, I was wondering if you would re-post the links to the various articles and information on the case that had been removed from posts earlier on... or e-mail them to me? (hinsdalechickie@Adelphia.net)
First and formost, I am completely outraged for your family and the family of Sherry Lynn, and would like to get involved in the effort to push the Humboldt Co. DA's office to finally ACT on this matter, but...
I must admit, I have a personal interest in this case, as well. I am Rick Malcomb's daughter.
My best wishes for your family and for your fight to bring your sister's death to justice.
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05-02-2006 06:19 PM
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Posted by Robert Scott on 04/03/06
"The next day, - John Annibel does not go to work. He quickly packs his car and leaves with a friend, for Colorado... (As far as we know, and all indications point that way, the friend had nothing to do with Andrea's disappearance). "
Not only do I believe my father had nothing to do with Andrea's murder, I also know my parents BOTH felt as James did, that John was "weird". I have actually heard my mother use this exact word to describe him.
My father was (is still) great friends with James, which brought him into regular contact with John over the years, but I wouldn't say they were "friends". I have not been in regular contact with my father for several years, and I am not sure how it came to be that he left Humboldt County with John to go to Colorado, but I intend to do my best to find out... for my own piece of mind as well as for any possibly useful information I may be able to glean.
Last edited by on 05-02-2006 at 06:50 PM
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05-02-2006 06:46 PM
rstruecrime01
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Registered: Feb 2006
Location:
Posts: 38
Rick
Hi
I'm glad to hear from you, and I'm sure Lisa is as well. I totally agree with you that your dad, Rick, had nothing to do with Andrea's disappearance and murder. When Rick spoke with a detective in 1998 (and I'm not sure if it was with Mike Losey or Sgt. Rogers), here is what he had to say about the events of March 1980.
Rick said that he had known John Annibel since they were kids. He was a friend with James, more than John. Rick was between jobs in March of 1980. At that time, he would sometimes go to the Town Club in Fortuna. John met him there in late March 1980, and started pestering Rick to go with him to Colorado. Since Rick had nothing tying hm down at the time, he agreed to go with John.
In a separate report, and this one was to Sgt. Steve Rogers, Rick said that he was living in Hydesville, Humboldt County in 1980. John Annibel started hanging out with Rick again after Andrea's disappearance. It was kind of a surprise to Rick, because he had not kept in touch with John for years. Apparently John had lied to Rick about the murder of Sherry Lynn Smith, because Rick was always under the impression that Sherry had been murdered down in the San Francisco Bay Area, not near John's home.
Rick was at the cottage that John and Andrea shared, after Andrea was missing. He did not see blood spatters there, but neither had Lisa when she went there. (They may have been swiped with a rag. There are indications that there was some attempts at clean up).
This next report was with Rick and Detective Losey in April 1980 - in Denver, after John had just been arrested. Rick said he was with John at the Town Club, and John told him that he had called Lisa about Andrea being missing. (Lisa has said that John never called her, and didn't even know her phone number). John also said that Andrea had between $400 and $600 on her when she went missing. (Andrea did get a $400 check for college aid, but her last check of that amount was never cashed). There is some confusion about what day John and Rick left for Denver in John's Camaro. But Rick remembers they left about 11 PM at night. They stopped at John's cousin's house in Grass Valley, California, to sleep for awhile. Then they drove straight through to Denver from there.
Rick told Losey _ "John always spent a lot of time on back roads." He also said, "John lied to me about going to work the day that Andrea went missing. I found out later he did not go to work that day."
During the trip out to Colorado, John did not talk about Andrea's disappearance very much. Rick thought John was somewhat upset about it, but not a whole lot. Rick recalled the backseat and trunk of John's car being crammed with stuff.
Rick said, "John has always been kind of a strange person."
If you talk to your dad, here is one question you might ask. John, when he was questioned by the detectives in Denver said, "I went to Circle K about 9 PM (on March 16, 1980) and got some milk. Then I went to the Town Club. That was the first time for me. I know that Andrea never went there."
But Andrea's old boyfriend, Billy, would say later that he saw John and Andrea there that night - March 16th. And John would later say that he and Andrea had a fight on the night of the 16th. He was supposedly so upset by it, he did not go to work on the 17th. And of course, she had "disappeaered" on that day. I was wondering if your dad would know anyone who had ever seen Andrea at the Town Club - especially on March 16th. Was the fight about her old boyfriend? About something else? At this point, anything your dad can remember would be helpful to Lisa.
Thanks for posting. I hope all is going well for you.
Best,
Robert Scott
PS. I think there is more concerning Rick's statements back in 1980 - but I'll have to try and find them. Also, he wasn't being singled out for questioning then. Both Pam and James were also questioned about why John had suddenly decided to drive all the way to Denver, Colorado.
A public records act request?
This looks to me like a public records act request, faxed to Gallegos, never responded to. It is posted on Lisa LaDeRoute's CourtTV message board:
rstruecrime01
Member
Registered: Feb 2006
Location:
Posts: 38
Hi Kbp:
Lisa has been swamped with stuff at work and home, so she has asked me to forward this faxed letter she had sent to the DA of Humboldt County and Deputy DA who was handling her case. Both men - DA Paul Gallegos and DDA Worth Dikeman are currently running for the District Attorney of that county. Hope this will help some.
"Please accept this as my formal written request in trying to obtain information regarding my sister Andrea LaDeRoute's case, which occurred on 3/17/80. When I spoke with you last July, you informed me that you had been reviewing the case, so therefore I am presenting this request to you as prosecutor assigned to Andrea's case.
"I have repeatedly requested information, verbally and in writing, regarding the status of my sister's case for the past twenty-four years. However, I have still not received any written information, such as the final disposition on the arrest and arraignment of John A. Annibel, who was extradited from Denver, Colorado, in April 1980. I recall making a sworn statement in front of Judge Buffington, and approximately a dozen others who were there, in which my statements were recorded. I am asking at this time that I receive a copy of that court document as well as the final disposition from the April arrest and discharge and any transcripts from the questioning . (See public record docket #G36893). I also wish to have other public documents provided for me.
"I would also like copies of the transcripts generated while I was under hypnosis, as was requested and performed at the District Attorneys Office. At the time, I was told I would receive copies fo the transcripts. To date, I have yet to see them.
"Additionally, I would like to be informed in writing why I am not entitled to specific information such as reviewing the coroner's files on Andrea. Since the recovery of my sister's remains, I realize that her case has been re-evaluated, and as such, I am requesting a written dispostion of her case. Please respond to my request by December 6, 2004. I understand that you are busy, but according to penal codes, all felony cases of serious crimes have precedence over other criminal and civil cases.
"I am requesting the information as the sole representative for my sister, Andrea, the homicide victim, pursuant to the following California Penal Codes and statutes.
"Pursuant to Penal Code 1118.10 (d) - as used in this section, final disposition meaning an ultimate termination of the case at trial level including, but not limited to the dismissal, acquittal or imposition of sentence by the court.
"Pursuant to CA Penal Code 1315.1 - When this section is one of dismissal, the disposition report shall state a reason to that effect.
"I appreciate everyone's efforts in working on my sister's case, and I understand that it has become a very complex case. However, I hope you can appreciate that I have been very patient waiting for information, including whether or not charges will ever be filed.
"Respectfully,
Lisa ....."
Neither DA Gallegos or DDA Dikeman ever responded to this letter. It seems like under law, they were mandated to do so, but I'm not sure about this. This, and other letters, phone calls and faxes, from Lisa, have been ignored by the Humboldt County DA's office.
Hope this helps some.
Robert Scott
rstruecrime01
Member
Registered: Feb 2006
Location:
Posts: 38
Hi Kbp:
Lisa has been swamped with stuff at work and home, so she has asked me to forward this faxed letter she had sent to the DA of Humboldt County and Deputy DA who was handling her case. Both men - DA Paul Gallegos and DDA Worth Dikeman are currently running for the District Attorney of that county. Hope this will help some.
"Please accept this as my formal written request in trying to obtain information regarding my sister Andrea LaDeRoute's case, which occurred on 3/17/80. When I spoke with you last July, you informed me that you had been reviewing the case, so therefore I am presenting this request to you as prosecutor assigned to Andrea's case.
"I have repeatedly requested information, verbally and in writing, regarding the status of my sister's case for the past twenty-four years. However, I have still not received any written information, such as the final disposition on the arrest and arraignment of John A. Annibel, who was extradited from Denver, Colorado, in April 1980. I recall making a sworn statement in front of Judge Buffington, and approximately a dozen others who were there, in which my statements were recorded. I am asking at this time that I receive a copy of that court document as well as the final disposition from the April arrest and discharge and any transcripts from the questioning . (See public record docket #G36893). I also wish to have other public documents provided for me.
"I would also like copies of the transcripts generated while I was under hypnosis, as was requested and performed at the District Attorneys Office. At the time, I was told I would receive copies fo the transcripts. To date, I have yet to see them.
"Additionally, I would like to be informed in writing why I am not entitled to specific information such as reviewing the coroner's files on Andrea. Since the recovery of my sister's remains, I realize that her case has been re-evaluated, and as such, I am requesting a written dispostion of her case. Please respond to my request by December 6, 2004. I understand that you are busy, but according to penal codes, all felony cases of serious crimes have precedence over other criminal and civil cases.
"I am requesting the information as the sole representative for my sister, Andrea, the homicide victim, pursuant to the following California Penal Codes and statutes.
"Pursuant to Penal Code 1118.10 (d) - as used in this section, final disposition meaning an ultimate termination of the case at trial level including, but not limited to the dismissal, acquittal or imposition of sentence by the court.
"Pursuant to CA Penal Code 1315.1 - When this section is one of dismissal, the disposition report shall state a reason to that effect.
"I appreciate everyone's efforts in working on my sister's case, and I understand that it has become a very complex case. However, I hope you can appreciate that I have been very patient waiting for information, including whether or not charges will ever be filed.
"Respectfully,
Lisa ....."
Neither DA Gallegos or DDA Dikeman ever responded to this letter. It seems like under law, they were mandated to do so, but I'm not sure about this. This, and other letters, phone calls and faxes, from Lisa, have been ignored by the Humboldt County DA's office.
Hope this helps some.
Robert Scott
Lisa LaDeRoute to Gallegos & the DA's Office
Lisa LaDeRoute-Lawler's attempts to get justice in the murder of her sister are chronicled on a court-TV message board. The story of John Annibel and all of the missing/murdered girls is now a book: Deadfall: Books: author: Robert Scott
The following is taken from the message board:
freenuma@people
Draft LetterDraft Letter
March 27, 2006
To: Paul Gallegos - District Attorney
Worth Dikeman -Prosecutor Drug Enforcement
Max Cardoza - Prosecutor
Mike Losey- Investigator
County of Humboldt
Dear Gentlemen:
The fact that no one in the District Attorney's office has responded to my last letter dated November 2004. And the fact that Andrea LaDeRoute's remains are still in the coroner's custody, is clear to me that these situations are not just an oversight of the District Attorney's office.
I am confident that all of you men are highly knowledgeable, and experienced in what you do, as prosecutors.
At least two young women were murdered in this community, evidence supports that there is only one suspect, however to date, more than 20 years since the murders occurred and 4 years since Andrea's remains were recovered, there has been no movement in prosecuting this individual.
With that being acknowledged, it is time for you and your department to step up to the plate and address my concerns. You owe it not only to me, but to the community in which you were appointed to serve and protect.
I am attaching another copy of the letter I mailed to Worth Dikeman, November 2004, and also hand delivered it into the District Attorney's office, as well as faxed a copy of it to (provide fax number here)
Although, the suspect, John Annibel was arrested and extradited in Colorado and brought back to Humboldt County, where he was charged and arraigned for PC 187, at the preliminary hearing two weeks later, the court ruled "People unable to proceed, charges dismissed pursuant to PC 859(b).
At the time the news media reported that the District Attorney was not able to proceed without a body.
Later that same week, the same District Attorney stated that charges would be refiled, but not immediately.
Then in August 2002, when Andrea's partial remains were recovered, the Fortuna Police Dept. officially closed her case and submitted it to the District Attorney's office.
I have spoken to Mike Losey, Worth Dikeman, Max Cardoza, and Paul Gallegos, in regards to the status of her case. And each time, I am told that the case is still on going, and that the District's office is still considering "Whether on not to file charges."
In April of 2004, I specifically called Paul's cell phone in an attempt to have him tell me if it was likely or not likely that charges would be filed, so that I could make funeral arrangements. The reason for this is that Paul had personally told me during a phone conversation, that he would need Andrea's remains as physical evidence, most everything else was circumstantial evidence.
And that a good defense attorney for Annibel, would want to review her remains for their defense.
Paul specifically told me, in April of 2004, again that he could not release my sister's remains, as they may be needed, in the event the case went to trial.
We are now in March 2006, and there has been no response to my letter in November of 2004, and my messages left to Worth Dikeman have not been returned.
I also am aware after talking to Max Cardoza, last summer (2005 when I stopped him on the side walk in front of the court house) that Max has been assigned my sister's case. During our conversation, Max admitted he hadn't had a chance to review the case. He also said that it was a very cold case.
However, the California penal codes are pretty clear that all homicide cases take precedence over all other cases.
So I am again asking that your department review and respond to the attached letter.
Even after all these years, my sister's case is just as important to me as it was in March of 1980. I'm sure if you were in my position, and this situation had happened to your sister, or your mother, or your spouse, you would not accept this lack of response.
As I've mentioned before, I am not concerned with past District Attorney's or their decisions, at this point I just want my sister's remains back, and to receive information on the status of her case.
This is what the people of Humboldt County hired you to do. Are you up to the challenge?
Lisa LaDeRoute-Lawler
The following is taken from the message board:
freenuma@people
Draft LetterDraft Letter
March 27, 2006
To: Paul Gallegos - District Attorney
Worth Dikeman -Prosecutor Drug Enforcement
Max Cardoza - Prosecutor
Mike Losey- Investigator
County of Humboldt
Dear Gentlemen:
The fact that no one in the District Attorney's office has responded to my last letter dated November 2004. And the fact that Andrea LaDeRoute's remains are still in the coroner's custody, is clear to me that these situations are not just an oversight of the District Attorney's office.
I am confident that all of you men are highly knowledgeable, and experienced in what you do, as prosecutors.
At least two young women were murdered in this community, evidence supports that there is only one suspect, however to date, more than 20 years since the murders occurred and 4 years since Andrea's remains were recovered, there has been no movement in prosecuting this individual.
With that being acknowledged, it is time for you and your department to step up to the plate and address my concerns. You owe it not only to me, but to the community in which you were appointed to serve and protect.
I am attaching another copy of the letter I mailed to Worth Dikeman, November 2004, and also hand delivered it into the District Attorney's office, as well as faxed a copy of it to (provide fax number here)
Although, the suspect, John Annibel was arrested and extradited in Colorado and brought back to Humboldt County, where he was charged and arraigned for PC 187, at the preliminary hearing two weeks later, the court ruled "People unable to proceed, charges dismissed pursuant to PC 859(b).
At the time the news media reported that the District Attorney was not able to proceed without a body.
Later that same week, the same District Attorney stated that charges would be refiled, but not immediately.
Then in August 2002, when Andrea's partial remains were recovered, the Fortuna Police Dept. officially closed her case and submitted it to the District Attorney's office.
I have spoken to Mike Losey, Worth Dikeman, Max Cardoza, and Paul Gallegos, in regards to the status of her case. And each time, I am told that the case is still on going, and that the District's office is still considering "Whether on not to file charges."
In April of 2004, I specifically called Paul's cell phone in an attempt to have him tell me if it was likely or not likely that charges would be filed, so that I could make funeral arrangements. The reason for this is that Paul had personally told me during a phone conversation, that he would need Andrea's remains as physical evidence, most everything else was circumstantial evidence.
And that a good defense attorney for Annibel, would want to review her remains for their defense.
Paul specifically told me, in April of 2004, again that he could not release my sister's remains, as they may be needed, in the event the case went to trial.
We are now in March 2006, and there has been no response to my letter in November of 2004, and my messages left to Worth Dikeman have not been returned.
I also am aware after talking to Max Cardoza, last summer (2005 when I stopped him on the side walk in front of the court house) that Max has been assigned my sister's case. During our conversation, Max admitted he hadn't had a chance to review the case. He also said that it was a very cold case.
However, the California penal codes are pretty clear that all homicide cases take precedence over all other cases.
So I am again asking that your department review and respond to the attached letter.
Even after all these years, my sister's case is just as important to me as it was in March of 1980. I'm sure if you were in my position, and this situation had happened to your sister, or your mother, or your spouse, you would not accept this lack of response.
As I've mentioned before, I am not concerned with past District Attorney's or their decisions, at this point I just want my sister's remains back, and to receive information on the status of her case.
This is what the people of Humboldt County hired you to do. Are you up to the challenge?
Lisa LaDeRoute-Lawler