2.11.2008

TS 0 DA: Allegations stem back a couple years, may have been continual occurrence


This report raises more questions in this case than it answers:

Original story:
Blue Lake police chief arrested for alleged rape
John Driscoll/The Times-Standard Article Launched: 02/10/2008 01:36:07 AM PST

Blue Lake Police Chief David Gundersen, 53, was arrested in McKinleyville Friday on suspicion of rape.

Gundersen was being held at the Humboldt County Jail on $500,000 bail, according to jail personnel Saturday. Humboldt County District Attorney Paul Gallegos confirmed that Gundersen was arrested in McKinleyville by DA investigators and the Humboldt County Sheriff's Department.

”I am aware of it,” Gallegos said. “I was aware of it last night.”

Gallegos said Gundersen was arrested on suspicion of rape of a spouse, but he did not know the underlying facts.

The charge listed on the arrest list is for suspicion of rape of a spouse “where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known, by the accused.”

Gundersen's wife is a sergeant on the Blue Lake police force.

Sheriff's department spokeswoman Brenda Godsey said she does not know the circumstances of the arrest, or when the alleged crime was committed.

Gundersen was recently the subject of a grand jury investigation on another matter. He was accused of falsifying Department of Motor Vehicles records, which led to the suspension of a Blue Lake man's drivers license in 2005. In October, Superior Court Judge Michael Brown granted a motion to dismiss those charges against Gundersen.

Blue Lake Mayor Sherman Schapiro, reached at home Saturday, said he was aware of Friday's arrest but had no information on it.
”There will probably be some kind of statement next week,” Schapiro said.

Schapiro said he believes Gundersen lives in McKinleyville. Gundersen reportedly has a mailing address in Trinidad.
***
A comment from that article:

Ken said Eureka, CA
The Insider wrote:
Reposted here because the other article seems to have been removed. The truth needs to be known:

Oh happy...you have no idea how right you are! Trust me, this is just the tip of a very large iceberg. Seen it with my own eyes. If the grand jury came to one of these former officers, they would get an earfull. By the way, this isn't the first time Gundersen has been arrested as a police officer.

As for this case, I know there is solid evidence he can't refute. Videotape. He was arrested while in uniform at the McKinleyville sub-station.

But in the end, if charges are dropped or he gets off on a technicality, so what. The truth is out there...his true self is finally known to the public. Even if he isn't convicted, hopefully it ends his career. His last arrest didn't, he just went to a small town with lower standards. And even though the sergeant isn't my favorite person, she didn't deserve this crap. Unfortunately, by doing the right thing and coming forward, she could have very well ended her career too.

The people of Blue Lake have been taken by this man for ten years. I will defend cops to my dying breath, but even I have to admit, there are corrpt police out there. Unfortuantely, small towns like this have to settle for less, just to have someone running the place. Citizens of Blue Lake, look to your former officers as an example of what you want. You remember who they are. Remember their code of honor, their compassion, the fact that they were willing to put their lives on the line for the same wage as flipping burgers, how they drove by your house at least twice a day, worked with the fire department instead of against it, and actually answered calls in a timely manner. Thats a chief you want and you should settle for nothing less. You have been duped for too long, you deserve better.


So ypu know about video tape do you? enlighten us, how would you know about that , and if you are involved what are you doing posting thta kind od information on the web?

That would kind of tip the hand to his defense team would it not? As well as start a investigation as to who leaked it?
does anyone else see the point I am making?and if you are a insider and you are posting about a investigation that has not even been charged yet, it would seem to be yet another flaw in the armour of the DA. Brag about what they have BEFORE he is even arraigned? You are ither stupid or just not smart enough to realize what you just did, oh wait.. we are talking about a law enforcement person here if they are really on the inside, something smells rotten in Humboldt to me, who else sees that as a issue?

Lawn Order said Silverton, OR

Well, of course Gunderson is legally "innocent until proven guilty" at this point. As far as whether he is *actually* innocent or guilty in this disturbing case, those of us in the general public don't have much information to go on yet. We haven't yet heard from Gunderson or his supporters or attorney.

One piece of information we do have is that he has been arrested and jailed on $500,000 bond.

Another thing we know (or should know) is that very few women make false reports of rape, despite the high profile given to the few cases where that occurs.

It will be interesting to see how the law-and-order crowd reacts to this story: Will it turn out that "order" is more important than "law" to the authoritarian personalities who populate the cops-can-do-no-wrong club?

Will they circle the wagons and defend the chief, even if the evidence stacks up against him? Will the law enforcement interest groups in Sacramento open up their checkbooks for his defense?

What will they do if the physical evidence all points to rape, corroborating the victim’s account?

Perhaps some will fall back on the “socially conservative” idea that there can be no such thing as marital rape, that a husband has a "right" to force himself on his wife? I bet some privately take that position, but most of these won't have the guts to make their revolting views known to the general public.

Does the fact that the allegations are apparently being made by one cop against another cop neutralize the usual pro-cop bias of the law-and-order crowd, or does the Chief get more of a presumption that he is telling the truth because he is a man? Or because he is higher-ranking in the law enforcement hierarchy?

Perhaps they can somehow blame the whole thing on District Attorney Paul Gallegos?

Watch for the whiplash effect, as the "lawnorderers" turn from, on the one hand, defending police chiefs accused of serious crimes on the basis that they are "innocent until proven guilty" to, on the other hand, smearing in the press the victims of recent police killings, and defending those killings as "just" despite the lack of any due process at all for the victims of the police violence.

Wow those necks must be getting sore! Or perhaps some of you lawnorderers have actually evolved two faces to avoid the hypocritical whiplash effect?

***
Then today's story
DA: Allegations stem back a couple years, may have been continual occurrence
The Times-Standard
Article Launched: 02/11/2008 04:45:15 PM PST

The District Attorney's office said today that an investigation into allegations Blue Lake Police Chief David Gundersen raped his wife repeatedly over a couple of years is ongoing and no charging decision has been made.

District Attorney Paul Gallegos said he expects Gundersen will be arraigned Wednesday or Thursday on the charge of felony rape of a spouse by using intoxicating or anesthetic substances, which is punishable by up to eight years in prison. Additional charges are possible, he said.

There is also reason to believe some alleged offenses took place within Blue Lake city limits, Gallegos said.

Gundersen, 53, was arrested Friday night in McKinleyville by district attorney investigators and the Humboldt County Sheriff's Department. He is being held at the Humboldt County Jail on $500,000 bail.

His wife, a Blue Lake Police Department sergeant, has been on leave for several months, Blue Lake City Manager Wiley Buck said. It's unclear whether the circumstances are work related, Buck said.

Gundersen was placed on administrative leave after his arrest, Buck said.


An interesting comments on the Times-Standard following that article: (I've edited out the crap)
Bothered to Check said
Commenters keep bringing up that Gundersen was arrested before, which would be public record, but then acting like it's too much of a secret to give us any details. So I looked for myself. Many commenters also assume that the newspapers have the whole story and are correct in their reporting. Having been in the newspapers many times, I wouldn't assume either to be the case. Why not wait until the facts come out. If he's guilty, lock him up for the rest of his life. If he's not, then Gallegos has some explaining to do. Here's some info on the "mysterious" arrest of Gundersen at his old police job: http://www.porac.org/ldf/articles/february%201%201998.html


It's quite a story. The article Bothered to Check links to describes in detail the events that took place and ends with this statement:
Gundersen's attorney then applied to the city and the District Attorney's Office for a determination of factual innocence, which was granted and favorably acted upon by the Department of Justice. The terms of Gundersen's settlement agreement are, for the most part, confidential.

However, he is permitted to reveal to prospective employers certain documents which demonstrate that he did nothing wrong, in addition to being able to establish that he was factually innocent of criminal wrong-doing. In addition, Gundersen received a six figure settlement for back wages and to end the pending litigation.

Now - a finding of factual innocence is a big deal.

Today's coverage in the Times-Standard has an update to their previous story, but yesterday's story links are dead, maybe it is a glitch. DA: Allegations stem back a couple years, may have been continual occurrence

Something odd here?

Then, on "heraldo" - February 11, 2008 at 3:09 pm
truthgiver Says:
After reading the biased and very ignorant rantings of people who are criminals themselves (you know who you are) really makes me sick and sad that you all are so jaded. You people need to look within yourselves, focus on becomming a better person.

One simple observation after reading these comments and seeing how people can not spell “Gundersen’s” name right only exhibits the fact that you people do not pay attention and only believe what you want to. SICK

Stop being ingnorant and speaking off the cuff. NO one has mentioned that Gundersen’s ex-wife is employeed by the Humboldt county Sheriff’s Office and her attorney is Mrs. Gallegos and they are currently in a custody battle, can you say hunting expidition? just like the Grand Jury. NO one has mentioned that his current wife is seeking to drop all charges, although it’s too late now, the DA is running with it now. There is alot more truths to this case, but the foolish ones who post comments and who will post comments don’t want to hear that.


If true - this is serious stuff,
***
Original story:
Blue Lake police chief arrested for alleged rape
John Driscoll/The Times-Standard Article Launched: 02/10/2008 01:36:07 AM PST

Blue Lake Police Chief David Gundersen, 53, was arrested in McKinleyville Friday on suspicion of rape.

Gundersen was being held at the Humboldt County Jail on $500,000 bail, according to jail personnel Saturday. Humboldt County District Attorney Paul Gallegos confirmed that Gundersen was arrested in McKinleyville by DA investigators and the Humboldt County Sheriff's Department.

”I am aware of it,” Gallegos said. “I was aware of it last night.”

Gallegos said Gundersen was arrested on suspicion of rape of a spouse, but he did not know the underlying facts.

The charge listed on the arrest list is for suspicion of rape of a spouse “where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known, by the accused.”

Gundersen's wife is a sergeant on the Blue Lake police force.

Sheriff's department spokeswoman Brenda Godsey said she does not know the circumstances of the arrest, or when the alleged crime was committed.

Gundersen was recently the subject of a grand jury investigation on another matter. He was accused of falsifying Department of Motor Vehicles records, which led to the suspension of a Blue Lake man's drivers license in 2005. In October, Superior Court Judge Michael Brown granted a motion to dismiss those charges against Gundersen.

Blue Lake Mayor Sherman Schapiro, reached at home Saturday, said he was aware of Friday's arrest but had no information on it.
”There will probably be some kind of statement next week,” Schapiro said.

Schapiro said he believes Gundersen lives in McKinleyville. Gundersen reportedly has a mailing address in Trinidad.
***
A comment from that article:

Ken said Eureka, CA
The Insider wrote:
Reposted here because the other article seems to have been removed. The truth needs to be known:

Oh happy...you have no idea how right you are! Trust me, this is just the tip of a very large iceberg. Seen it with my own eyes. If the grand jury came to one of these former officers, they would get an earfull. By the way, this isn't the first time Gundersen has been arrested as a police officer.

As for this case, I know there is solid evidence he can't refute. Videotape. He was arrested while in uniform at the McKinleyville sub-station.

But in the end, if charges are dropped or he gets off on a technicality, so what. The truth is out there...his true self is finally known to the public. Even if he isn't convicted, hopefully it ends his career. His last arrest didn't, he just went to a small town with lower standards. And even though the sergeant isn't my favorite person, she didn't deserve this crap. Unfortunately, by doing the right thing and coming forward, she could have very well ended her career too.

The people of Blue Lake have been taken by this man for ten years. I will defend cops to my dying breath, but even I have to admit, there are corrpt police out there. Unfortuantely, small towns like this have to settle for less, just to have someone running the place. Citizens of Blue Lake, look to your former officers as an example of what you want. You remember who they are. Remember their code of honor, their compassion, the fact that they were willing to put their lives on the line for the same wage as flipping burgers, how they drove by your house at least twice a day, worked with the fire department instead of against it, and actually answered calls in a timely manner. Thats a chief you want and you should settle for nothing less. You have been duped for too long, you deserve better.


So ypu know about video tape do you? enlighten us, how would you know about that , and if you are involved what are you doing posting thta kind od information on the web?

That would kind of tip the hand to his defense team would it not? As well as start a investigation as to who leaked it?
does anyone else see the point I am making?and if you are a insider and you are posting about a investigation that has not even been charged yet, it would seem to be yet another flaw in the armour of the DA. Brag about what they have BEFORE he is even arraigned? You are ither stupid or just not smart enough to realize what you just did, oh wait.. we are talking about a law enforcement person here if they are really on the inside, something smells rotten in Humboldt to me, who else sees that as a issue?

Lawn Order said Silverton, OR

Well, of course Gunderson is legally "innocent until proven guilty" at this point. As far as whether he is *actually* innocent or guilty in this disturbing case, those of us in the general public don't have much information to go on yet. We haven't yet heard from Gunderson or his supporters or attorney.

One piece of information we do have is that he has been arrested and jailed on $500,000 bond.

Another thing we know (or should know) is that very few women make false reports of rape, despite the high profile given to the few cases where that occurs.

It will be interesting to see how the law-and-order crowd reacts to this story: Will it turn out that "order" is more important than "law" to the authoritarian personalities who populate the cops-can-do-no-wrong club?

Will they circle the wagons and defend the chief, even if the evidence stacks up against him? Will the law enforcement interest groups in Sacramento open up their checkbooks for his defense?

What will they do if the physical evidence all points to rape, corroborating the victim’s account?

Perhaps some will fall back on the “socially conservative” idea that there can be no such thing as marital rape, that a husband has a "right" to force himself on his wife? I bet some privately take that position, but most of these won't have the guts to make their revolting views known to the general public.

Does the fact that the allegations are apparently being made by one cop against another cop neutralize the usual pro-cop bias of the law-and-order crowd, or does the Chief get more of a presumption that he is telling the truth because he is a man? Or because he is higher-ranking in the law enforcement hierarchy?

Perhaps they can somehow blame the whole thing on District Attorney Paul Gallegos?

Watch for the whiplash effect, as the "lawnorderers" turn from, on the one hand, defending police chiefs accused of serious crimes on the basis that they are "innocent until proven guilty" to, on the other hand, smearing in the press the victims of recent police killings, and defending those killings as "just" despite the lack of any due process at all for the victims of the police violence.

Wow those necks must be getting sore! Or perhaps some of you lawnorderers have actually evolved two faces to avoid the hypocritical whiplash effect?


RELATED:
DA: Allegations stem back a couple years, may have been continual occurrence
TS Blue Lake police chief arrested for alleged rape
ER Blue Lake Police Chief arrested on suspicion of rape
http://www.porac.org/ldf/articles/february%201%201998.html