TS - Gallegos' Palco case dashed by appeals court

Down in flames! The Times Standard's first attempt 'Breaking News' has some facts wrong - the case was filed February 24, 2003, Gallegos took office January 2003.
Gallegos' Palco case dashed by appeals court
The Times-Standard
Article Launched: 01/10/2008 02:36:47 PM PST

A state appeals court has upheld a Humboldt County Superior Court ruling that threw out District Attorney Paul Gallegos' fraud lawsuit against the Pacific Lumber Co.

In a ruling Thursday, the California First District Court of Appeal agreed with visiting Judge Richard Freeborn's decision to toss out the suit -- which was first filed in 2002. It alleged Palco knowingly submitted faulty studies during the Headwaters Forest negitoations to sway regulators to allow it to cut more timber.

Freeborn ruled the district attorney didn't prove that the company duped the government to gain advantage over a competitor, Freeborn wrote in his June 2005 decision.

The appeals court said that Freeborn had no discretion to weigh the evidence in the case when it ruled. But the appeals court went further, saying that even if the evidence submitted by the DA's office was considered, it wouldn't show that the DA would prevail at trial.

There will be a full story in the morning paper.

There is more coverage and discussion at watchpaul.blogspot.com - there are links to all of the case filings, amendments and briefs as well.

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