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Showing posts with label Maggie Fleming. Show all posts
Showing posts with label Maggie Fleming. Show all posts

1.11.2015

Fleming to make Humboldt DA history on Monday

Paul Gallegos prepares to leave office after 12 years as Humboldt County district attorney. - Juniper Rose, Eureka Times-Standard 01/03/15, 10:09 PM PST

Maggie Fleming handily won the June 2014 primary election for Humboldt County district attorney, and will be sworn in Monday, becoming the first woman in county history to hold the job. TIMES-STANDARD FILE PHOTO
Twelve years ago, District Attorney Paul Gallegos said he took on a responsibility that would put serving Humboldt County before everything else — including his children and his father’s funeral — but come this week, he won’t be on call anymore.

“It was a time to give back, and it seemed like the right way to do it,” Gallegos said. “I’ve done it.”

Taking over the position, District Attorney-elect Maggie Fleming will be sworn in Monday at noon.

The 55-year-old former deputy district attorney, who most recently served as deputy county counsel, said she is no stranger to strenuous time commitments that can push one’s personal life aside, and she is ready to put her more than 25 years of experience toward becoming a leader that both the attorneys in her new office and the people of Humboldt County can depend on.

“I think I have always understood how important the district attorney position is,” Fleming said. “So much of the decision-making process, and the confidence the public has in the decisions made, comes down to someone running the office who is knowledgeable, has integrity and who understands both the laws and the facts.”

REFLECTING ON AN ERA

Gallegos, 52, announced last November that he was not going to run for a fourth term. The decision was multifaceted, Gallegos said.

“I saw that the job as a district attorney is to make tough decisions all the time,” Gallegos said. “To make tough decisions on behalf of the community, and to protect the individual from the community and to protect the community from the individual.”

Over the years, Gallegos launched a controversial and ultimately unsuccessful lawsuit against the Pacific Lumber Company, survived the resulting recall attempt, was re-elected twice, saw many of his experienced prosecutors leave, and was criticized for his office’s charging decisions in several cases, but along the way he persistently maintained that his No. 1 priority was equal access to government for all of the citizens of Humboldt County.

Gallegos said he prefers not to dwell on the past 12 years, and that it is time for him to move on.

This realization was spurred by his oldest son — who wasn’t even in elementary school when Gallegos took office — leaving for college.

“Because the community had entrusted me with this position, I felt that my priority needed to be the community,” he said. “Twelve years later, my kid is getting ready to go to college and I was confronted with all the things I wanted to do with him that I hadn’t done. I am not going to let that happen with my other kids, I won’t get to undo those things, but I’m going to be there for my kids.”

Gallegos also has a daughter in high school and a son who is 12.

He plans to return to working with his wife at the private law firm they started together and take the time to surf, hike and climb mountains with his kids. He said his wife tells him almost every day how happy she is about his decision.

LOOKING TOWARD THE FUTURE

According to Maggie Fleming, she hadn’t planned on seeking the office of district attorney. But then, about 18 months ago, she said people began asking her to consider it.

In June, defeating three other candidates, Fleming became the first woman in Humboldt County ever elected to the job.

Fleming said that while diving into politics was a hard step, she saw campaigning for the position as the right thing for her and the community.

“I really care about the district attorney’s office,” she said. “I went to law school to become a prosecutor, and that is really what I have done since then. Going back to the office as a district attorney really felt as though it was what I really wanted to do.”

Fleming, who said she was drawn to Humboldt County by the redwoods, ocean and mountains, moved to the region with her husband after working in several law offices during law school and spending seven years as a deputy district attorney in Contra Costa County. Then, after 17 years as a deputy district attorney in Humboldt County, Fleming moved to a position as deputy county counsel.

“My years of experience and my current position as county counsel really prepared me for the administrative role,” she said.

As district attorney, Fleming said she plans to spend less time in court and more time overseeing the cases being handled by her attorneys than her predecessor.

“I think helping mentor the attorneys is a critical task — currently the office is young career-wise as prosecutors,” she said.

Fleming said she also intends — with the hopes of additional funding from Measure Z, a countywide half-percent general sales tax passed by voters in November — to bring the number of attorneys from 10 back up to around 15, as some positions are currently empty and others are frozen.

There will also be new challenges, Fleming said.

Following the November passage of state Proposition 47, certain drug and property crime sentences have been reduced from felonies to misdemeanors.

“Traditionally, programs, treatment and resources for those with substance abuse issues have all focused on felons, and now we have eliminated the felony status with those crimes,” she said. “We really need to figure out how to address the substance abuse problem in a different way, so I think that is going to be a big transition.”

Fleming also plans to get involved as the county is confronted with how to move forward with the regulation of marijuana, as legalization is considered a likely event in California in 2016.

“It is the environmental degradation as well as water use and land use — it is a huge problem,” she said. “We have to really carefully address those pieces of the puzzle as we move forward toward legalization.”

Fleming said her priority is “to make sure that every case is handled professionally, ethically and that decisions are made on the facts and understanding the law.”

“I hope to be in office as long as I am able to make a difference in the daily operation of the district attorneys office,” she said.

Contact Juniper Rose at 707-441-0506.

3.16.2014

Meet your DA candidates: Maggie Fleming

Maggie Fleming/My Word

The duty of a prosecutor is to seek justice. Justice can take many forms -- from not filing a case brought by law enforcement to pursuit of a prison sentence -- but it takes knowledge, a firm ethical foundation, and a lot of hard work to identify the right outcome in each case. I'm running for district attorney because I am the candidate who can bring these qualities to the DA's office. I have served Humboldt County for over 20 years, and I know that in order to maintain justice and keep our community safe, we need an experienced, professional, and independent district attorney.
I served as a prosecutor for over 25 years (my career started in Contra Costa County.) I have prosecuted all types of cases and over 120 jury trials. I have presented cases to four criminal grand juries and argued before the court of appeals.

Over my entire career, I have consistently demonstrated qualities that are fundamental to an ethical and effective district attorney's office. I have: 1) consistently treated everyone involved in the criminal justice system with respect; 2) worked hard and never negotiated a case without all available information in hand and knowledge of sentencing options; 3) maintained open lines of communication with defense attorneys, the survivors and victims of crime, and law enforcement agencies; 4) never shown favoritism in applying the law -- I have prosecuted attorneys and police officers, and have obtained justice for victims from all walks of life, including prostitutes and the homeless.

Finally, I have recognized the fundamental role of community standards in criminal justice. Ultimately, the community as represented by juries, makes the decisions about guilt or innocence; ethical prosecutors keep this fact in the forefront when making charging decisions. True criminal justice is not driven by the political views or opinions of any individual. As DA I will give all cases brought to the office careful consideration; charged cases will be pursued with knowledge, skill and tenacity.

The district attorney's office under my supervision will be an office in which hard work, knowledge of the law, high ethical standards, professionalism, and collaboration are pervasive. I will accomplish this in part by mentoring early-career prosecutors. Humboldt County has historically attracted top-notch people to the DA's office. I believe my work and association with other prosecutors throughout the state will contribute to recruitment. I will strive to retain those people who eagerly and effectively meet the prosecutor's duty to seek justice -- which is not equivalent to seeking convictions. The Humboldt County DA's Office has also been fortunate to attract highly skilled, hard-working support staff. I will strive to attract and retain excellent staff by providing a well-organized, respectful working environment.

I will have a significant personal role in the review and management of individual cases, thereby creating consistency that increases justice and efficiency.

I will emphasize communication with the community: people will be given clear, honest and timely explanations for the actions of the district attorney's office.

I will collaborate with great energy on crime prevention. As with many societal problems, prevention of crime is much preferable to dealing with it after the fact. Through hard work and collaboration with other groups and agencies, the district attorney can have substantive roles in crime prevention. In general, incarceration of people affected by drug addiction or mental health issues does not benefit the individuals or society. As district attorney I would work with other county agencies as well as non-profits to see that these individuals receive treatment as part of sentencing. Some nearby counties (like Marin) have seen a drastic drop in recidivism using a collaborative approach that focuses on intensive treatment as an alternative to incarceration for people with mental health issues who have committed crimes.

Justice is not well-served when political considerations have influence. I believe our community has an overwhelming amount of common ground. We agree the justice system should seek to reduce the risk from people who have seriously threatened public safety. I believe community members are similarly united in their views on illegal actions that seriously damage our natural resources. I seek to create an apolitical DA's office that brings ability, hard work and the highest ethical and professional standards to the job every day.

12.14.2009

Quigley family addresses court at Whitmill, Flores sentencing 'I WILL NEVER FORGET HER'
Whitmill, Flores sentenced while victim's family, friends look on

A Humboldt County Superior Court judge upheld the plea deals reached in the case of Jason Whitmill and Anthony Flores on Friday, sentencing them - 14 years eight months and three years in prison respectively - for their roles in the 2008 car crash that took the life of a 9year-old girl.

Whitmill, 32, and Flores, 19, were racing at speeds of over 100 mph along State Route 299 on Oct. 6, 2008, when Whitmill's vehicle clipped a sport utility vehicle, causing it to veer from the road, down an embankment and into a utility pole.

Nicole Lynn Quigley, a fourth-grader at Dow's Prairie Elementary School, was killed in the wreck and her mother, Debra Quigley, suffered major injuries. Nicole's twin sister, Ashley, and a family friend were also in the car, but were uninjured in the crash.

Before sentencing the defendants, Humboldt County Superior Court Judge Dale Reinholtsen and a packed courtroom listened to emotional statements from Nicole's friends and family, who talked about the bright life that was lost in the tragic accident.
Addressing the court and the defendants, Nicole's father Ken Quigley read a statement from Ashley.

"My sister was my best friend - we did everything together," he read as sobs and the sound of choked-back tears emanated from throughout the courtroom. "You don't know how much I miss her. ... You took my best friend away from me. She was only 9 years old. I will miss her every second of my life. My sister was the best sister in the world, and I will never forget her."

Reading from a prepared statement of his own, Ken Quigley said that Tuesday Aug. 17, 1999, the day his twin daughters were born, was the happiest of his life. He said his joy only grew as he watched Nicole blossom into an intelligent and beautiful young girl who would come to work with him and tell him that, one day, she would take over the family business.

Flores and Whitmill, Ken Quigley said, took all that away.

"The thought of this makes me sick to my stomach," he said. " The courts cannot impose on you the punishment you deserve."

Some speakers expressed frustration at the plea deals reached by the defendants. Whitmill had faced murder charges for his role in the crash, but wound up pleading guilty to gross vehicular manslaughter while intoxicated, and to driving under the influence causing great bodily injury, as well as to a special allegation of having served three prison terms.

According to Reinholtsen, the deal leaves Whitmill with two strikes on his record, meaning if he is convicted of another strikable offense he would automatically face a prison sentence of 25 years to life.

Flores pleaded guilty to gross vehicular manslaughter and hit-and-run for leaving the scene of the accident, spawning a days-long manhunt.

Deputy District Attorney Maggie Fleming told the court that defense appeals regarding Whitmill's blood being drawn without his consent the day of the accident - while it was still unknown who the driver of the vehicle was - played into her office's decision to accept the plea deals rather than prosecute the case.

Reinholtsen ruled in November that Whitmill's blood was legally drawn. The defense appealed the decision unsuccessfully to an appellate court, then took the matter to the California Supreme Court, which declined to hear the matter.

Fleming said her office was concerned the matter would make any possible conviction in the case susceptible to appeals. As a part of their plea deals, both Whitmill and Flores have agreed to waive all rights to appeal.

After Friday's hearing, Ken Quigley expressed frustration at the way the case was handled by District Attorney Paul Gallegos. He charged that Gallegos was unprepared for court appearances, twice dropped it in the lap of unprepared deputy district attorneys and generally handled it in an unprofessional manner.

"Had this case been handled from the beginning by someone with the experience of Maggie Fleming, it would have had a much different outcome," Ken Quigley said. "I'm not here to knock people, but I'm very disappointed with the way Mr. Gallegos handled this case. Next year can't come soon enough. It is an election year, isn't it?"

Gallegos told the TimesStandard in a previous interview that the case was handled properly from start to finish.
In addressing the court, Nicole's uncle, Mike Quigley, said complaining about the sentence won't do any good. Instead, he vented anger at the defendants and a criminal justice system that released Whitmill from custody less than two weeks before the crash.

"In a just world, none of us would be here because he wouldn't have been on the streets," he said, before turning his attention to both defendants. "You killed a 9year-old girl and neither one of you are man enough to stand up and take responsibility for it. God bless my beautiful niece and her mom and dad and sister, and God damn both of you."

Mike Quigley's comments drew a round of applause from the packed courtroom, which was awash in pink as many members of the Quigley family and their friends were clad in Nicole's favorite color. So many people attended Friday's sentencing that an overflow room was set up, where those who couldn't fit in Reinholtsen's courtroom watched the proceedings via a video feed.

As Nicole's friends and family addressed the court, the defendants sat in the jury box with their lawyers. A stoic Flores sat, clad in an orange jumpsuit, staring at speakers as they addressed the court. Throughout most of the proceedings, Whitmill sat with his eyes cast toward his feet, showing little emotion. Then, Dan Johnson, Nicole's soccer coach, addressed the defendants.

"If you want to take responsibility for your actions, you might start by looking at speakers when they are talking to you," he said, sending Whitmill's eyes darting up to his.

When Sandy Henry addressed the court, she explained that she taught Nicole in her last year at Dow's Prairie before retiring, adding that Nicole was an integral part of her favorite class in 30 years of teaching. Nicole, Henry said, was going to do great things in life. Hearing this, Whitmill began to weep, wiping tears on the shoulder of his orange jumpsuit and again casting his eyes to his feet.

" Three years from now Nicole would have been getting ready to go to high school. Fourteen years from now she would have been graduating from college, getting ready to start a career," Henry said. "I'm at a loss to see equity in this judgment."
Glenn Brown, Whitmill's attorney, also addressed the court, reading a letter from his client.

"On Oct. 6, 2008, I caused the death of your daughter by driving drunk and racing another vehicle," Brown read. "I feel so terribly sorry for the pain I caused your family."

Flores provided no statement to the court.

In handing down the sentences of 14 years and eight months for Whitmill and three years for Flores, Reinholtsen echoed the sentiments of many. " There's no sentence the court can impose that can right this wrong. I recognize that," he said, adding that he hopes the publicity the case drew and the Quigley family's sharing of their pain with the community might make a difference. "Perhaps that will cause someone we don't know, and will never know, to drive in a more safe manner." Many in court Friday talked about the joy that Nicole Lynn Quigley brought to their lives. They spoke of her love for dance, her dedication to her studies and her ability to draw a smile - and the best - from people.

"I know Nicole loved every moment of her life with every ounce of her being," Henry said. "My challenge now is to honor her by finding joy in every moment of my life."

" Thadeus Greenson can be reached at 441-0509 or tgreenson@times-standard.com.
Thadeus Greenson/THE TIMES- STANDARD
Posted: 12/12/2009 09:47:53 AM PST
Updated: 12/14/2009 09:58:57 AM PST
UPDATED:
Quigley family addresses court at Whitmill, Flores sentencing 'I WILL NEVER FORGET HER'
Whitmill, Flores sentenced while victim's family, friends look on
People to speak at Whitmill/Flores proceedings today.
Brief recap:
Quigley family, friends remember 9-year-old Nicole 10/06/09
One of the things Ken Quigley misses most about his daughter is her dancing.
”I don't even know where to begin,” he said about his favorite memories of his daughter Nicole Lynn Quigley. “We miss her so much ... . We miss watching her dance. Dancing was her thing. She danced all over the house.”

Too many delays 9/10/09
On Monday, Aug. 3, the friends and family of Nicole Lynn Quigley once again attended court for what was supposed to be a pre-trial hearing for Jason Whitmill and Anthony Flores and once again Whitmill's attorney, Glen Brown, paid for by you and me, the taxpayer, succeeded in getting the trial date moved out to the end of September. One of Glen Brown's excuses was that he had more important trials scheduled at the same time as this one. Since I am not allowed to speak during court, my question to Glen Brown is, “More important to whom?” After two judges have reviewed the charges against Whitmill and concurred that second-degree murder will stand against Whitmill for his reckless regard for human life, Mr. Brown has now sent the case off to the California Appellate Court in another one of his tactics to delay the inevitable. How this man sleeps at night is beyond me. In the meantime I will be watching very closely for what trials come up around Sept. 8 that are so important that we need to delay some closure to my family and friends and Whitmill's and Flores' trip to the big house.
Kenneth Quigley

Court document: Flores tried to 'subvert' investigation 10/16/08
Vehicular manslaughter suspect has extensive criminal history 11/13/08

It's a hard cold fact that Ken Miller's "concern" contingent is nowhere in sight. Salzman held no candlelight vigils.