TS - Authorities believe they have found the body of missing McKinleyville woman

◼ Authorities believe they have found the body of missing McKinleyville woman

Click photo to enlarge

Authorities believe they have recovered the body of Monica Bradshaw, a 53-year-old McKinleyville woman whose husband of 30 years stands accused of her murder.

Chief Investigator Mike Hislop of the Humboldt County District Attorney's Office said a joint recovery effort by his office and the Humboldt County Sheriff's Office on Thursday in a wooded area outside McKinleyville was fruitful, and that investigators unearthed a body believed to be Bradshaw.

”I would say that the search was very successful,” Hislop said. “The DA's Office worked hand-in-hand with Sheriff's Office personnel in a coordinated effort. It was a team effort and it went very well.”

Hislop said the Humboldt County Coroner's Office has taken control of the body, and that a positive identification likely won't be made for some time.

Bradshaw was last seen sometime in late summer 2008 by neighbors when she and her husband, Robin Bradshaw, set off to bury a neighbor's dead horse. She was never reported missing. The couple lived in Dow's Prairie.

Robin Bradshaw was arrested June 12, and has pleaded not guilty to the single murder charge he faces. He remains in Humboldt County jail, held on $1 million bail.

District Attorney Paul Gallegos said shortly after Robin Bradshaw's arrest that he believed there was enough evidence to try him even without a body.

”His wife is a missing person, and we believe that the compelling evidence we have indicates that she is missing because she is dead, and that Mr. Bradshaw buried her at some currently undisclosed location,” Gallegos said at the time.

Authorities now believe that location was a forested area on Fieldbrook Road, just outside McKinleyville. Late Thursday, a gate on the north side of the street was marked with police tape, and a number of vehicles were parked by the roadway. The site is less than three miles from where the couple lived.

Hislop declined to discuss the details of the search, but said more information would likely be made available in the coming days.

In the months preceding Robin Bradshaw's arrest, several search warrants were served on the couple's property and other locations. In January 2008, authorities used an excavator to dig up parts of the couple's property, and investigators seized financial records, a computer, medications, receipts, handwritten notes and a can of Campbell's soup from the couple's residence, as well as several items from the backyard.

According to a search warrant affidavit, an insurance adjuster for Capital Insurance Group in Ferndale first contacted the Sheriff's Office about Monica Bradshaw's disappearance.

The adjuster became suspicious when a person claiming to be Monica Bradshaw -- but sounding like her husband -- tried to submit a claim on her car, which had been stolen and recovered.

The affidavit said that Robin Bradshaw went to the tow yard with a woman, later identified as his 31-year-old girlfriend, who claimed to be Monica Bradshaw and allegedly signed the vehicle release form with her name.

A follow-up call from the adjuster was answered by a woman who reportedly said that Monica Bradshaw had died.

Neighbors have told the Times-Standard that Robin Bradshaw offered conflicting accounts of his wife's disappearance.
When contacted by investigators, Robin Bradshaw was reportedly unable to produce a photograph of his wife, whom he said did not like to be photographed.

Court documents also state that two people close to Robin Bradshaw have told authorities that he made confessions to them about the crime, and that he said it was an act of self-defense.

One of the individuals told investigators that Robin Bradshaw said his wife attacked him with a crowbar. Robin Bradshaw reportedly then told the person that he was able to wrestle the crowbar away from his wife, and then hit her over the head with it, causing her to fall into the bathtub. According to the affidavit, Robin Bradshaw reportedly said he then hit his wife twice more, once in the head and once in the shoulder.

The person further told investigators, according to the affidavit, that Robin Bradshaw confessed to first burying his wife in a shallow grave in the backyard of his home, only to later dig her body up and bury it on an undeveloped Danco subdivision off of Fieldbrook Road in McKinleyville.

Thadeus Greenson can be reached at 441-0509 or tgreenson@times-standard.com.
Thadeus Greenson/The Times-Standard
Posted: 01/08/2010 01:30:18 AM PST
***
PREVIOUSLY:
◼ DA's office (Paul Gallegos) still undecided in Bradshaw case; Gallegos to talk to pathologist next week May 28, 2010
◼ Bradshaw sentencing postponed, Gallegos "weighing" decision May 5, 2010
...Humboldt County District Attorney Paul Gallegos received Super's report last week, but has yet to decide how to proceed with the case. At Tuesday's hearing, Bradshaw's attorney, Peter Martin, said Gallegos had contacted him asking that the sentencing hearing be postponed.

”He wants more time, I believe, to review the medical report and to request supporting materials from the medical examiner,” Martin said....
◼ ”It's going to be something Paul's going to have to think about.” April 27, 2010
-- Bradshaw autopsy report with Humboldt County DA; indicates blunt force trauma as cause of death
◼ Autopsy report coming in Bradshaw case; plea agreement hinges on results for McKinleyville man accused of wife's murder APRIL 24, 2010
◼ Bradshaw positively identified; full autopsy report pending more test results FEBRUARY 01, 2010
◼ Autopsy set for Sunday in Bradshaw case JANUARY 23, 2010
◼ ANOTHER PLEA DEAL - Bradshaw agreed to give location of body in plea deal JANUARY 09, 2010
Robin Stuart Bradshaw entered into a plea agreement with prosecutors last month, agreeing to disclose the location of his wife's body and plead guilty to voluntary manslaughter, court records show.
◼ Authorities believe they have found the body of missing McKinleyville woman JANUARY 08, 2010
The person further told investigators, according to the affidavit, that Robin Bradshaw confessed to first burying his wife in a shallow grave in the backyard of his home, only to later dig her body up and bury it on an undeveloped Danco subdivision off of Fieldbrook Road in McKinleyville.
◼ Hearing for McKinleyville murder case continued NOVEMBER 05, 2009
◼ Bradshaw Prelim continued to Nov. 5 SEPTEMBER 30, 2009
◼ Prelim for Robin Stuart Bradshaw JULY 07, 2009
◼ Bradshaw pleads not guilty to murdering wife June 16, 2009
◼ Robin Stuart Bradshaw, arrested JUNE 16, 2009
◼ Second search warrant issued in missing woman case - and a request to seal documents January 29, 2009
◼ Monica Bradshaw: MISSING January 27, 2009

☛TS Case of missing McKinleyville woman continues

The husband of a McKinleyville woman who has been missing since September 2008 allegedly had his girlfriend impersonate his wife in an effort to retrieve her car from a local tow yard months after his wife's disappearance, according to an affidavit for a search warrant filed with the Humboldt County Superior Court on Monday.

Monica Bradshaw, 53, was reportedly last seen in September, but was never reported missing. The Humboldt County Sheriff's Office began investigating the case after being notified by a local insurance claims adjuster that Bradshaw's husband -- Robin Bradshaw, 56 -- had allegedly acted suspiciously while trying to submit a claim on his wife's car.

Robin Bradshaw has not been arrested, charged with a crime nor labeled a suspect in the case. Humboldt County Sheriff's Office spokeswoman Brenda Godsey said Monday that Robin Bradshaw remains a “person of interest.”

Messages left for an attorney believed to have been retained by Robin Bradshaw were not returned by the Times-Standard's deadline Monday. An attempt to reach Robin Bradshaw at his place of employment was also unsuccessful. A woman who answered the phone there said he was not in the office, had no voice mail nor any other numbers where he could be reached.

According to the affidavit filed Monday, Monica Bradshaw's case came to the attention of the Sheriff's Office earlier this month after an insurance adjuster for Capital Insurance Group in Ferndale notified the office of a call she'd received from Robin Bradshaw seeking to submit a claim on his wife's car, which had been stolen and recovered. The adjuster informed Robin Bradshaw that his wife would have to sign and authorize the claim for her vehicle.

”Robin Bradshaw then advised that he would have Monica Bradshaw contact (the adjuster),” the affidavit states. “(The adjuster) then received a telephone call from a person claiming to be Monica Bradshaw. The voice sounded like Robin Bradshaw attempting to disguise his voice.”

According to the affidavit, Robin Bradshaw reportedly went down to the tow yard with a woman, later identified as his 31-year-old girlfriend, who reportedly claimed to be Monica Bradshaw and allegedly signed the vehicle release form with her name.
When the insurance adjuster reportedly called the Bradshaws' residence to follow up, a female voice answered, telling the adjuster that Monica Bradshaw “had died,” according to the affidavit.

A Sheriff's Office investigator was later dispatched to the Bradshaws' home on Dow's Prairie Road in McKinleyville and spoke with Robin Bradshaw, who allegedly told the investigator that he and his wife had been married for 30 years before she “up and vanished,” according to the affidavit.

Robin Bradshaw, according to the affidavit, then allegedly changed his story to say that his wife was down south with some friends, before changing it again to say that she went to visit her brother in Utah.

”As (the investigator) was speaking with Robin, he noticed that he was sweating and shaking throughout the interview,” the affidavit states, adding that Robin Bradshaw also could not stand still as if he were “tense and very nervous.”

The investigator later called Monica Bradshaw's brother in Utah and was told by the brother he had not talked with his sister in about eight years, according to the affidavit. The affidavit also states that Robin Bradshaw reportedly told the investigator that he had been seeing a girlfriend for about three months.

Last week, neighbors of the Bradshaw's property said they last saw Monica Bradshaw in August or September, when she and her husband set off to bury a neighbor's horse on a nearby property with a backhoe. They said the backhoe remained on the couple's property for some time, and they witnessed the husband doing some excavating work in the yard.

Some neighbors said they grew suspicious after Robin Bradshaw offered differing accounts as to his wife's location. Several neighbors said Bradshaw's husband first told them that his wife died of cancer, then later said she died years ago. He told them the woman they had come to know for the six or so years that he had lived in the neighborhood was actually Monica Bradshaw's sister. Then, neighbors said, Robin Bradshaw told them that his wife suffers from depression and had left the area.

Sheriff's Office Detective Karen Quinnel also interviewed Robin Bradshaw on his property, according to the affidavit, and reportedly learned that he had poured a concrete patio in the summer of 2008, soon after his wife's disappearance.

”Again, throughout the contact, Robin Bradshaw appeared nervous and tense,” the affidavit states.

A search warrant was served on Bradshaws' property the weekend of Jan. 17, and more than two dozen items were seized, including financial records, a computer, an address book, medications, receipts and a number of handwritten notes, according to a search warrant inventory list. A can of Campbell's soup was also seized, according to the inventory.

Godsey said she couldn't comment specifically on the seized items, but said the California Department of Justice is involved in the case.

”The Department of Justice was on scene while the search warrant was being served, so they were assisting with that and that includes taking possible evidence and things of interest to their laboratory (for forensic testing),” Godsey said.
Thadeus Greenson can be reached at 441-0509 or tgreenson@times-standard.com

Thadeus Greenson/The Times-Standard
Posted: 01/27/2009 01:30:55 AM PST
***
PREVIOUSLY:
◼ DA's office (Paul Gallegos) still undecided in Bradshaw case; Gallegos to talk to pathologist next week May 28, 2010
◼ Bradshaw sentencing postponed, Gallegos "weighing" decision May 5, 2010
...Humboldt County District Attorney Paul Gallegos received Super's report last week, but has yet to decide how to proceed with the case. At Tuesday's hearing, Bradshaw's attorney, Peter Martin, said Gallegos had contacted him asking that the sentencing hearing be postponed.

”He wants more time, I believe, to review the medical report and to request supporting materials from the medical examiner,” Martin said....
◼ ”It's going to be something Paul's going to have to think about.” April 27, 2010
-- Bradshaw autopsy report with Humboldt County DA; indicates blunt force trauma as cause of death
◼ Autopsy report coming in Bradshaw case; plea agreement hinges on results for McKinleyville man accused of wife's murder APRIL 24, 2010
◼ Bradshaw positively identified; full autopsy report pending more test results FEBRUARY 01, 2010
◼ Autopsy set for Sunday in Bradshaw case JANUARY 23, 2010
◼ ANOTHER PLEA DEAL - Bradshaw agreed to give location of body in plea deal JANUARY 09, 2010
Robin Stuart Bradshaw entered into a plea agreement with prosecutors last month, agreeing to disclose the location of his wife's body and plead guilty to voluntary manslaughter, court records show.
◼ Authorities believe they have found the body of missing McKinleyville woman JANUARY 08, 2010
The person further told investigators, according to the affidavit, that Robin Bradshaw confessed to first burying his wife in a shallow grave in the backyard of his home, only to later dig her body up and bury it on an undeveloped Danco subdivision off of Fieldbrook Road in McKinleyville.
◼ Hearing for McKinleyville murder case continued NOVEMBER 05, 2009
◼ Bradshaw Prelim continued to Nov. 5 SEPTEMBER 30, 2009
◼ Prelim for Robin Stuart Bradshaw JULY 07, 2009
◼ Bradshaw pleads not guilty to murdering wife June 16, 2009
◼ Robin Stuart Bradshaw, arrested JUNE 16, 2009
◼ Second search warrant issued in missing woman case - and a request to seal documents January 29, 2009
◼ Monica Bradshaw: MISSING January 27, 2009

TS - Two arrested in connection with drive-by shooting

Two arrested in connection with drive-by shooting
The Times-Standard
Article Launched: 01/31/2008 01:12:20 PM PST

Two men were arrested this morning on charges of attempted murder in connection with a weekend drive-by shooting that injured two men who were driving along Hubbard Lane in Eureka, officials said.

Gregory Manuel Zambrano, 20, and Christopher Glen Hightower, 22 -- both of Fairhaven -- were arrested on charges of attempted murder, assault with a firearm, possession of a firearm while in the commission of a felony, discharging a firearm from a vehicle and conspiracy. Both men had bail set at $500,000 and are expected to be arraigned Monday.

The Humboldt County Sheriff's Office was assisted by the Humboldt County Drug Task Force. At about 6 a.m., one search warrant was served at a residence on the 2200 block of Lindstrom Avenue in Fairhaven. The second warrant was served a short time later at a residence on the 1700 block of Myrtle Avenue.

During the search on Lindstrom Avenue, deputies learned that a suspect was at nearby residence. Law enforcement personnel went to that residence just down the street, secured the perimeter and ordered the occupants to exit the residence, officials said.

Five people exited and two were arrested. After everyone left the residence, flames were seen inside. The fire was extinguished by the Samoa Peninsula Fire District and the Arcata Fire Department. Its cause is under investigation.

The shooting occurred early Saturday morning as two unidentified men were driving along Hubbard Lane, which is off Myrtle Avenue.

According to reports, another vehicle approached their car and a single round from a shotgun was fired into the car. Both men were stuck, but drove themselves to a local hospital. One victim was treated and released, while the other was flown to Mercy Medical Center in Redding.

The Sheriff's Office reported that evidence indicates the shooting not to be a random act.

ER - Woman's injury likely not caused by fall, expert says

Woman's injury likely not caused by fall, expert says
by Heather Muller , 9/19/2007

In the second day of testimony in the trial of a man accused of attacking his ex-girlfriend, the neurosurgeon who treated the young woman said he did not believe her injuries were consistent with a fall.

Dr. John Aryanpur was called by the prosecution to bolster its contention that Dallas Achane, 22, physically assaulted Erica Fike, 19, late on the night of May 27 in front of Fike’s former F Street residence in Eureka.

Fike was left with what Aryanpur repeatedly characterized as a “serious” injury, which included a fractured skull and a small amount of blood pooling on her brain and in her ear.

Medical experts will likely play a pivotal role in Achane’s trial because none of the witnesses called to date saw Fike sustain the head injury, and Fike herself testified that she has few memories of the incident.

Humboldt County Deputy District Attorney Ben McLaughlin said in his opening statement Tuesday that Achane inflicted Fike’s injury, while defense counsel Jennifer Dixon argued Fike fell and struck her head while backing away from Achane.

Aryanpur all but ruled out a simple fall.

“In my opinion,” he said, “it’s unlikely it would be consistent with a fall.”

Aryanpur noted that Fike was young, agile and without any known previous neurological impairment. A person in her condition, he said, would typically attempt to break her fall, but there was no evidence that she did so.

He testified that there were no abrasions on her hands or elbows — but said there was a contusion above her left eye that he characterized as possibly consistent with blunt force.

“Was it consistent with a punch?” McLaughlin asked.

“Could be, yes,” Aryanpur replied.

The defense has also repeatedly questioned whether Fike was under the influence of drugs or alcohol, a suggestion that appeared to be supported by a handwritten annotation on a hospital evaluation form.

A nurse reportedly wrote “ETOH on board” across the top of the paper, meaning that the nurse believed Fike was under the influence of alcohol.

But Aryanpur disagreed with the nurse’s assessment, saying it was “not uncommon” for the symptoms of brain trauma to be confused with alcohol impairment.

“My suspicion is that’s what occurred here,” he said.

Jennifer Fike, the alleged victim’s 22-year-old sister, testified earlier that the sisters and two friends smoked marijuana approximately two hours before the incident occurred.

The trial is in recess until Monday, when a medical expert called by the defense will appear during what may be the last day of proceedings before the case is sent to the jury.

Achane has pleaded not guilty to an enhanced charge of assault resulting in great bodily injury and an additional charge of battery causing injury.

Copyright (C) 2005, The Eureka Reporter. All rights reserve

TS - Sheriff's Department taking precautions after accidental inmate release

Sheriff's Department taking precautions after accidental inmate release

Exact details on how a rape and burglary suspect was accidentally released from the Humboldt County Jail were not released Thursday, but the Sheriff's Department said precautions are being taken to make sure something like that won't happen again.

Clinton Lee Harris III, 26, was arrested Wednesday on A Street in Arcata after authorities discovered the mistake earlier in the day.

”We've identified the circumstances that contributed to this error and we are already taking steps to ensure this doesn't happen again,” said Sheriff's spokeswoman Brenda Godsey.

Harris was on the Sheriff's Work Alternative Program for a drunken driving conviction when he was arrested in April on charges of rape and burglary.

When he was booked into the jail the drunken driving conviction was put back onto his record and Harris automatically began serving the sentence.

The sentence for the DUI was completed Friday and Harris' name appeared on a list of people to be released.

When the mistake was discovered Wednesday, the jail informed the Arcata Police Department, whose case it is, and officers and personnel began working with Sheriff investigators.

Godsey said there was no indication by victim that she wished to be notified when Harris was released, which is a standard process usually asked by the investigating officer at the time of the arrest and marked on a booking sheet.

”Our staff made attempts to contact her,” said Arcata Police Capt. Tom Chapman.
Chapman said personnel went to the victim's home, but he was not sure if they actually made contact with her.

Godsey said investigators were in the process of getting a warrant Wednesday before notifying the public, but had reason to believe Harris was not a flight risk and was still in the area.

Part of that determination was made because a judge granted Harris a pass from jail on July 29 for the birth of his child and he returned Aug. 1 -- the date he was ordered.

He was tracked down through leads and acquaintances and when police met with the mother of Harris' child as part of the investigation, Harris was in the car and arrested without incident.

Officials said he didn't give any indication whether he knew he wasn't supposed to be released.

Chris Durant/The Times-Standard
Article Launched: 08/10/2007 04:27:19 AM PDT

TS - Inmate accidentally released from jail

Inmate accidentally released from jail
The Times-Standard
Article Launched: 08/09/2007 04:15:32 AM PDT

A Humboldt County Jail inmate was accidentally released Friday, and within hours of authorities noticing the mistake Wednesday he was taken back into custody without any problems.

Brenda Godsey of the Humboldt County Sheriff's Departement said Clinton Lee Harris III, 26, was taken into custody about 7:45 p.m. Wednesday when authorities found him at a house on A Street in Arcata.

Harris, who was in custody on rape, burglary and a separate drunken driving charge, was accidentally freed when his name appeared on a list of inmates to be released.

Harris was part of the Sheriff Work Alternative Program for the DUI charge at the time of his April arrest on suspicion of rape and burglary by the Arcata Police Department.

When he was rebooked, the DUI charge was put on his list of charges and he automatically began serving the jail sentence for the DUI.

His DUI sentence was completed Friday, which triggered his appearance on the release list.

”His name came up as he completed his DUI sentence,” said Brenda Godsey of the Sheriff's Department.

Comments from TS site:

he was probably grateful to be out and had every intention and will to go straight with his new found freedom and probably would have while contributing to society by working, paying taxes, purchasing local goods from wherever he was. But instead he is back in jail at the outrageous cost we, the taxpayers have to spend. I think this guy would have been fine if left alone and now we have a expensive tab to pay for years of incarceration along with the grudge he might hold to society; which is the biggest personal crime of all we, as a people, can inflict upon another.
John M | 08.09.07 - 7:50 pm

Yea he wouldn't have been fine out there if it was your daughter, wife, grandchildren or some other female in your life that was raped. You're a moron. I gladly as a tax payer will pay my taxes to keep people like that off the streets.
Anonymous | 08.09.07 - 10:02 pm

The first writer is a humorist, not a moron. Well done, old chap! Bravo!
Free Ramos and Campean | 08.09.07 - 11:06 pm

You know, a description and mug shot of this guy would've been nice.
As a survivor of an assualt and rape I can imagine the fear going through the minds of his vicims.
The writer of the first item I know was being tongue in cheek even if it was a bit tasteless. Over sensitivity isn't my style and we do have a right to express ourselves no matter how inane.
Officer Liles, can ya bag this one for us, too? Hey we all need our heroes!
Rebelle | 08.10.07 - 6:35 pm

What ever happend to being innocent until proven guilty. Who's to say there was really a victim? Im sure he was just as surprised as everyone else to have been released.But is he to be held accountable for that??
APRIL | 08.14.07 - 3:53 pm

ER - Arrest made in alleged sexual assault incident

Arrest made in alleged sexual assault incident
4/18/2007

A 25-year-old Arcata man has been arrested in connection with a sexual assault alleged to have occurred April 11.

According to a news release issued by the Arcata Police Department, Clinton Lee Harris III was taken into custody after a lengthy investigation.

Harris was booked into the Humboldt County jail on suspicion of forcible rape, and is currently being held in lieu of a $100,000 bond.

Copyright (C) 2005, The Eureka Reporter. All rights reserved.

ER - Rape suspect re-arrested after he was mistakenly released

Rape suspect re-arrested after he was mistakenly released
by Heather Muller , 8/8/2007

A man suspected of breaking into a woman’s Arcata apartment and raping her returned to custody Wednesday night after he was mistakenly released Friday from the Humboldt County jail.

Clinton Lee Harris III, 25, of Arcata, was arrested April 18 and was awaiting trial on rape and burglary charges stemming from the incident, reported April 11.

Public Information Officer Brenda Godsey from the Humboldt County Sheriff’s Office, which manages the jail, said that at the time of the arrest Harris was already serving a four-month sentence in the Sheriff’s Work Alternative Program for a driving under the influence of drugs and/or alcohol conviction.

His arrest on the rape and burglary charges, she said, violated the terms of his participation in SWAP.

So when he was re-arrested on the new charges, he was also booked into the jail on the DUI case, Godsey said, and that sentence — 120 days — was calculated to determine his custodial status.

“When he served the balance of that sentence, his name showed up on a report that is generated each night that indicates which inmates are scheduled for release. However, he still had the other case pending, and that was missed during the release process,” Godsey said.

APD Capt. Tom Chapman called Harris’ release “unfortunate,” but added, “The correctional facility does an outstanding job, and obviously it’s an oversight on their part.”

Chapman noted, however, that the circumstances of Harris’ alleged offense were troubling.

“In looking at the crimes Mr. Harris was involved in, it’s clear to us in our investigation that he’s a dangerous person. … We’re aware of a previous offense. We’re aware of another victim. He has not been prosecuted for that,” Chapman said.

“But for him to be out is obviously very concerning for us,” he said Wednesday afternoon. “So hopefully we’ll be able to get him back in custody in short order.”

He didn’t have long to wait.

Shortly before 8 p.m., Godsey announced Harris had been re-arrested by sheriff’s deputies and APD officers.

“He was located at an Arcata residence and taken into custody without incident,” she said.

But she acknowledged that his release was a mistake.

“It should not have happened. We are looking into the matter and taking steps to ensure that it does not happen again.”

Copyright (C) 2005, The Eureka Reporter. All rights reserved.

Related:
ER Arrest made in alleged sexual assault incident 4/18/07
ER Rape suspect re-arrested after he was mistakenly released 8/8/07
TS Inmate accidentally released from jail
TS Sheriff's Department taking precautions after accidental inmate release
Mistakenly released inmate re-released Monday

ER - Resolution to sex case reached

Resolution to sex case reached; defendant must register as sex offender for life
by Kara Machado, 6/12/2007

Humboldt County Superior Court Judge Timothy Cissna granted an amended complaint Tuesday against Jacob Charles Toomey.

The amended complaint — a resolution to the case agreed upon by both the prosecution and defense on Monday — lists 10 charges instead of the initial three Toomey, 28, of Redway, had been charged with.

The new complaint, read aloud in court, charges Toomey with one count of a lewd and lascivious act against a child, age 14 or 15, when the perpetrator is more than 10 years older, and nine counts of unlawful sexual intercourse with a minor under 16, when the defendant is 21 or older.

Toomey pleaded guilty to the new charges in Cissna’s courtroom Tuesday.

The stipulated sentence, Cissna announced in court, consists of 12 years in prison.

Toomey will also have to register, for life, as a sex offender and pay restitution to the victim for all out-of-pocket expenses.

Such out-of-pocket expenses Cissna listed in court Tuesday include, but are not limited to, counseling, medical care and cost of delivery.

After Toomey is released from prison, Cissna said he will be on parole for three years.

The initial child molestation charges against Toomey — to which he had pleaded not guilty — consisted of one count of a lewd and lascivious act with a child under the age of 14 and two counts of lewd and lascivious acts with a child, age 14 or 15, when the perpetrator is more than 10 years older.

Toomey’s attorney, Humboldt County Chief Conflict Counsel Glenn Brown, said Toomey pleaded guilty to the amended complaint because it “more accurately” fits the crimes Toomey committed in that the victim was 14 — not 13 — when the unlawful sexual conduct occurred.

“I think, from our position, that the case involved unlawful sexual intercourse with someone under the age of 18,” Brown said. “Mr. Toomey had admitted that from the beginning.

“The issue we were finally able to agree on is that (the victim) had turned 14 at the time of these events and that enabled us to agree upon the charges that (Toomey) ultimately pleaded (guilty) to.”

Humboldt County Deputy District Attorney Jeffrey Schwartz said, “We’re fully satisfied with the plea agreement.”

Toomey will not be sentenced until June 20, by Humboldt County Superior Court Judge Christopher Wilson.

Copyright (C) 2005, The Eureka Reporter. All rights reserved.

ER - Yunque trial records to be 'destroyed'

Yunque trial records to be 'destroyed'
by Kara Machado, 4/24/2007

Due to a judge’s ruling Tuesday, Carol Ann Yunque will have a clean record.

Humboldt County Superior Court Judge John T. Feeney found good cause Tuesday — “due to the facts of the case” — to grant a motion that finds Yunque “factually innocent” of the charges she was acquitted of following a jury trial in January.

In addition, Feeney found good cause for the “sealing and ultimate destruction of the records in (the) Yunque case.”

Tuesday’s motion was filed by Yunque’s former trial attorney, Humboldt County Alternate Conflict Counsel Mark C. Bruce.

Yunque’s case stems from a Jan. 27, 2006, incident in which it had been alleged that Yunque, 59, of Princeton, N.J., assaulted Kathleen McLaughlin, 55, of Port Orford, Ore., at a mutual friend’s house in Fortuna.

McLaughlin claimed Yunque punched her, causing two fractures to McLaughlin’s jaw and chin area and the misalignment of her bottom teeth.

Throughout the course of Yunque’s trial, Bruce maintained McLaughlin had been the aggressor and that Yunque acted in self-defense. And, Bruce maintained that Yunque did not “punch McLaughlin, but slapped her.”

At the end of the trial, a jury found Yunque not guilty of felony battery with serious bodily injury.

Bruce said, in talking with jurors after they had been released from their trial duties, “it was very clear to them that (Yunque) acted in self-defense.”

If convicted of the charges against her, Yunque could have faced a maximum penalty of three years in prison, Bruce said.

After court Tuesday, Bruce said he was pleased with Feeney’s decision.

“The judge quite properly granted the motion,” Bruce said. “It’s not often a judge grants these motions and it’s not often that a district attorney will agree (with the motion).

“(Yunque) is going to be very happy with this. I’m certain she’s going to be fully vindicated.”

Humboldt County Deputy District Attorney Jeffrey Schwartz, who prosecuted the case, said, “The people did not oppose Ms. Yunque’s motion because the jurors determined that her conduct in striking the victim was justified based on self-defense.

“The defense of self-defense is an age-old principle and maxim of English and American jurisprudence,” Schwartz said. “I respect a person’s right to defend one’s self in a lawful manner.

“The jury’s finding entitles Ms. Yunque the opportunity to have her record cleared.”

Bruce said Yunque has since moved back home to the East Coast and “on with her life.”

Copyright (C) 2005, The Eureka Reporter. All rights reserved.

ER - Gag order requested in child molestation case

Wonder why he switched attorneys, why he picked Russ Clanton? Word on the street is that if you want to get off, get Clanton, Gallegos campaign contributor and "best buddy." True? Or not? A little scrutiny is warranted.

Gag order requested in child molestation case
The Eureka Reporter
by Kara Machado, 4/14/2007

http://www.eurekareporter.com/ArticleDisplay.aspx?ArticleID=22791

Matthew Christopher Davis switched defense attorneys Friday, which postponed discussions of a protective order that had been filed by the Humboldt County Public Defender’s Office.

If granted, the protective order — commonly referred to as a gag order — will prevent trial attorneys, court officials and other trial participants from talking to media about the case.

Davis, 23, of Eureka, has pleaded not guilty to six counts of child molestation with a child under the age of 14, second-degree burglary and possession of stolen property.

If Davis is convicted of the child molestation counts alone, he could face a maximum penalty of 36 years in prison, Humboldt County Deputy District Attorney Jeffrey Schwartz has said.

Humboldt County Deputy Public Defender Jonathan McCrone had represented Davis as of last Tuesday — and was the one to file the request for the protective order. But, on Friday, McCrone announced in court that his office has a conflict in representing Davis.

Humboldt County Superior Court Judge W. Bruce Watson further clarified to Davis in court Friday that “for some reasons, (McCrone’s) office has a conflict based on, I assume, a dual representation type of situation.”

Watson then relieved the Public Defender’s Office from representing Davis and Arcata-based attorney Russ Clanton announced that he has been requested to represent Davis.

The topic of the protective order will be revisited — and Clanton’s status as Davis’ attorney will be confirmed — on Monday.

According to the protective order request — a public document filed by the Public Defender’s Office — McCrone noted that Davis disputes the allegations against him “and asserts his innocence.”

McCrone then wrote that details listed in a Humboldt County Sheriff’s Office news release — which was released the day after Davis’ arrest — were “prejudicial to (McCrone’s then) client.”

“I believe that if the coverage of the case continues unabated,” McCrone wrote, “it will be impossible for my client to receive a fair trial.”

When asked what date the protective order request was filed, Schwartz said it was filed on April 11.

“Basically, (McCrone’s) saying that (Davis’ case) looks like a case that might get a lot of publicity,” Schwartz said.

Clanton said since he just received the case, he did not know the specifics on the gag order.

“The first thing I will do is look at the discovery in the case,” Clanton said, “and (the protective order) issue and move forward appropriately.”

Backstory in Matthew Davis case

Few details have been released about the case against Matthew Christopher Davis, which includes charges of child molestation.

The Humboldt County Sheriff’s Office has previously reported, via a news release, that the lack of details about the case is due to “confidentiality laws and to protect the rights of the victim.”

Davis, 23, of Eureka, was a neighbor and acquaintance of the alleged victim, the Sheriff’s Office has reported.

On the afternoon of April 5, the California Highway Patrol was conducting an unrelated, unspecified investigation that led Sheriff’s detectives to Davis.

The Sheriff’s detectives obtained a search warrant and seized several computers and other evidence from Davis’ home, located in the 2100 block of Surfside Court.

At some point on April 5, Davis was arrested and booked into the Humboldt County Correctional Facility.

As of Friday, a jail official reported that Davis remained behind bars on a $250,000 bail — which has significantly increased since his initial booking.

The CHP spokesperson was not available Friday to answer questions about the CHP investigation on Davis.

The Humboldt County District Attorney’s Office has since charged Davis with six counts of child molestation with a child under the age of 14, second-degree burglary and possession of stolen property, Humboldt County Deputy DA Jeffrey Schwartz has confirmed.

Davis pleaded not guilty to the charges Tuesday and Humboldt County Deputy Public Defender Jonathan McCrone was appointed to represent him.

Also during Tuesday’s court proceedings, a criminal protective order was put into place that prohibits Davis from contacting the alleged victim and orders Davis to stay at least 100 yards away from the alleged victim.

On Friday, Arcata-based attorney Russ Clanton announced he had been asked to represent Davis.

At Davis’ preliminary hearing, which is scheduled for April 20, a judge will determine if there is sufficient evidence to warrant a trial.

Copyright (C) 2005, The Eureka Reporter. All rights reserved.
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"GAG" Orders w/update

ER - Garza jailed on sex charges

This article is posted here as supplemental background material. For discussion and more information visit watchpaul.blogspot.com.
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Garza jailed on sex charges
by Kara D. Machado, 4/5/2007

Almost one year after being arrested in the March 2006 Whitethorn kidnapping/rape case, one of the defendants was arrested on numerous felony charges involving his alleged sexual relations with a 16-year-old girl.

Nate Robin Garza, 22 — who is in custody — was not brought in to Humboldt County Superior Court Judge Timothy Cissna’s courtroom Monday for a pretrial conference hearing in connection to the new case, court documents indicate.

However, Garza’s attorney, Humboldt County Chief Conflict Counsel Glenn Brown, appeared on Garza’s behalf.

At Monday’s hearing, court documents indicate, “the matter (remained) set” with regard to Garza’s case, slated for jury trial on May 7.

As of Wednesday, court documents indicate that Garza is currently charged with — and has pleaded not guilty to — nine counts of felony sodomy with a person under 18; eight counts of felony unlawful sexual intercourse; and two counts of oral copulation with a person under 18.

Court documents indicate the sexual acts occurred between Dec. 20 and Jan. 5.

Brown was also not available at the end of business day Wednesday to comment on his client’s case.

On Wednesday, Humboldt County Deputy District Attorney Jeffrey Schwartz, who is prosecuting the case, said, “Basically, the charges (against Garza) are based on statutory rape” and that Garza and the alleged victim “were kind of going out.”

Schwartz said the case was brought to light after an adult caught Garza and the alleged victim having some sort of sexual relations; after the alleged victim’s mother was told by the adult; after the alleged victim confirmed the acts; and after the alleged victim’s mother reported Garza to authorities.

“We take these cases seriously,” Schwartz said. “It’s consensual sex with a 16-year-old, but the bottom line is if you’re an adult and having sex with a minor, it’s a crime.

“The classic term (for having sex with a minor) has been jail bait and if you’re having sex with a minor, you go to jail.”

Schwartz said people under the age of 18 are “not mature enough to be dealing with adults and the older the adult, the more serious we take (the case).”

“(Garza’s) 22 and she’s 16 and we’re trying to take a zero tolerance at this,” Schwartz said. “If you’re under 18, you cannot legally give consent.

“Although this is not as serious as forcible rape, we have a law because people under 18 are not mature enough, and we’re seeing a lot of cases like this lately and we’re just not going to tolerate it. Some people think ‘it’s not a big deal’ and that’s not the right attitude.”

According to court documents, Garza was arrested by Humboldt County Sheriff’s Detective Marvin Kirkpatrick on Feb. 19.

After Garza’s approximately hourlong March 7 preliminary hearing — at which only Kirkpatrick testified — a judge found sufficient evidence to bind Garza over for trial on all 19 counts, court documents indicate.

In September, Garza was sentenced to three years of formal, supervised probation for a plea agreement of false imprisonment he accepted with two other defendants with regard to the Whitethorn kidnapping rape case.

Garza’s twin brother was sentenced to eight years in state prison for a plea agreement of false imprisonment, kidnapping and marijuana trafficking he accepted in connection to his involvement in the Whitethorn case.

The four men were initially accused of kidnapping and raping a woman in Whitethorn in March after a debt to Garza’s brother was not paid.

According to past testimony, the Whitethorn victim claimed she was kidnapped for two days and tied to a tree in Whitethorn for 24 hours.

Schwartz said, Garza is “probably looking at (a maximum sentence of) five years, eight months” in state prison should he be convicted of the fresh charges and is held accountable for his probation violation.

“The new case is a violation of his probation because one of his terms is to obey all laws and he’s not doing a very good job on that,” Schwartz said. “(The two cases — involving the fresh charges and the probation violation) will probably be dealt with at the same time.”

Copyright (C) 2005, The Eureka Reporter. All rights reserved.

Update:
Sentencing continued in statutory rape trial 5/21/2007