◼ 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.
Showing posts with label Paul Gallegos. Show all posts
Showing posts with label Paul Gallegos. Show all posts
1.02.2015
In The News: Case Closed - State prosecutor says he won't take the Salzman matter to court
◼ Case Closed - by HELEN SANDERSON/North Coast Journal December 22, 2005
In a letter to the Trinidad Police Department, an attorney with the California Attorney General's Office wrote last week that while it seems Richard Salzman is guilty of using other people's names to write letters for publication in newspapers, any attempt to prosecute him would likely be unsuccessful.
The letter appears to bring the three-month-old investigation of Salzman to an end, with no charges filed against the political campaigner.
The word came down in a Dec. 12 letter from Deputy Attorney General Keith Lyon to Trinidad Police Chief Ken Thrailkill, who led the initial investigation against Salzman, a Trinidad resident.
Lyon wrote that Salzman "technically violated" and undermined the "spirit" of California Penal Code 538(a), the "False Personation and Cheats" section of the code. The section makes it is a misdemeanor for a person to sign "any letter addressed to a newspaper with the name of a person other than himself ... with intent to lead the newspaper to believe that such letter was written by the person whose name is signed thereto."
"However," Lyons wrote, "I do not believe that there is a reasonable probability of a unanimous conviction by a jury of 12 individuals." He went on to state that attempting to prosecute Salzman "would not be a wise use of resources." Thrailkill said the estimated cost for state lawyers to prosecute the case in Humboldt County would have been $30,000.
It was also Lyon's opinion that Salzman did not commit identity theft -- a felony charge -- because he "had, or arguably had, permission to sign for others [in his letters to editors]."
Lyon also notes that Salzman used the name of his dog, Sarah Salzman to submit one letter.
"This is not a crime because Sarah Salzman is not a person," he wrote.
When the Journal revealed Sept. 1 that Salzman used the name of Dick Wyatt, a Fortuna resident, as well as the names R. Trent Williams and R. Johnson to publish letters, a number of left-leaning local residents defended his actions. But defense later turned to public pillory at a Trinidad Town Hall meeting, where Chief Thrailkill said he was dubbed a "Gestapo" for pursuing the case.
"There's a thought out there, that [public criticism] is all part of the job," Thrailkill said. "It does not mean that when you are personally attacked it doesn't affect you. But as a professional department you have to move on and do what you are hired to do."
The criminal investigation began after Eureka Reporter Managing Editor Glenn Franco Simmons filed an official complaint against Salzman.
Salzman e-mailed area media outlets on Dec. 15, issuing the first press release this paper has received from him since Aug. 28, when he admitted to submitting letters to the editor using a "pen name."
"I'm pleased that the matter has been resolved and I look forward to returning my attention to the vital quality-of-life issues facing Humboldt County.
"As my lawyer explained to me, the refusal of the Attorney General's office to file any charges indicates that the allegation didn't even clear the first hurdle for entry into the criminal justice system."
Salzman's Arcata attorney, Russ Clanton, has handled local high-profile cases, including the 2000 win against the Humboldt County Sheriff's Department for illegally seizing the medical marijuana of Chris Giauque.
A Tuesday morning phone call to Clanton was not returned before deadline. Power was out at his Arcata office following a rainstorm.
Salzman's case was forwarded to the state Attorney General on Nov. 15, after the Humboldt County District Attorney's office declined to investigate, citing DA Paul Gallegos' potential conflict of interest in the matter.
Salzman, the coordinator of the Alliance for Ethical Business, was Gallegos' campaign manager, directing a successful battle against a Pacific Lumber Co.-sponsored attempt to recall the DA in 2004.
"I don't see Richard working on my [2006] campaign at this point," Gallegos said on Monday. "Richard is a great friend, he has been a great friend to me. I have great strong feelings for him but I don't think it would be appropriate."
Both Councilmember Chris Kerrigan and Fifth District Supervisor Jill Geist have since distanced themselves from the man who worked to get them into office. For the most part, Gallegos seems to be following suit, though he still considers Salzman a friend. Still, they have not spoken in recent months, save for a passing "hello" and "happy holidays" during a chance encounter in an Arcata restaurant.
"There's a sadness you feel when a bad thing happens to your friend, when you don't get to talk to your friend anymore because of what's going on in their lives," Gallegos said. "That was painful, in all candor. It was sad for me. It's like losing someone."
In recent months would-be campaign managers have offered to take over Gallegos' next run, but the DA mentioned no names.
"My campaign is next year, not this year," he said.
In a letter to the Trinidad Police Department, an attorney with the California Attorney General's Office wrote last week that while it seems Richard Salzman is guilty of using other people's names to write letters for publication in newspapers, any attempt to prosecute him would likely be unsuccessful.
The letter appears to bring the three-month-old investigation of Salzman to an end, with no charges filed against the political campaigner.
The word came down in a Dec. 12 letter from Deputy Attorney General Keith Lyon to Trinidad Police Chief Ken Thrailkill, who led the initial investigation against Salzman, a Trinidad resident.
Lyon wrote that Salzman "technically violated" and undermined the "spirit" of California Penal Code 538(a), the "False Personation and Cheats" section of the code. The section makes it is a misdemeanor for a person to sign "any letter addressed to a newspaper with the name of a person other than himself ... with intent to lead the newspaper to believe that such letter was written by the person whose name is signed thereto."
"However," Lyons wrote, "I do not believe that there is a reasonable probability of a unanimous conviction by a jury of 12 individuals." He went on to state that attempting to prosecute Salzman "would not be a wise use of resources." Thrailkill said the estimated cost for state lawyers to prosecute the case in Humboldt County would have been $30,000.
It was also Lyon's opinion that Salzman did not commit identity theft -- a felony charge -- because he "had, or arguably had, permission to sign for others [in his letters to editors]."
Lyon also notes that Salzman used the name of his dog, Sarah Salzman to submit one letter.
"This is not a crime because Sarah Salzman is not a person," he wrote.
When the Journal revealed Sept. 1 that Salzman used the name of Dick Wyatt, a Fortuna resident, as well as the names R. Trent Williams and R. Johnson to publish letters, a number of left-leaning local residents defended his actions. But defense later turned to public pillory at a Trinidad Town Hall meeting, where Chief Thrailkill said he was dubbed a "Gestapo" for pursuing the case.
"There's a thought out there, that [public criticism] is all part of the job," Thrailkill said. "It does not mean that when you are personally attacked it doesn't affect you. But as a professional department you have to move on and do what you are hired to do."
The criminal investigation began after Eureka Reporter Managing Editor Glenn Franco Simmons filed an official complaint against Salzman.
Salzman e-mailed area media outlets on Dec. 15, issuing the first press release this paper has received from him since Aug. 28, when he admitted to submitting letters to the editor using a "pen name."
"I'm pleased that the matter has been resolved and I look forward to returning my attention to the vital quality-of-life issues facing Humboldt County.
"As my lawyer explained to me, the refusal of the Attorney General's office to file any charges indicates that the allegation didn't even clear the first hurdle for entry into the criminal justice system."
Salzman's Arcata attorney, Russ Clanton, has handled local high-profile cases, including the 2000 win against the Humboldt County Sheriff's Department for illegally seizing the medical marijuana of Chris Giauque.
A Tuesday morning phone call to Clanton was not returned before deadline. Power was out at his Arcata office following a rainstorm.
Salzman's case was forwarded to the state Attorney General on Nov. 15, after the Humboldt County District Attorney's office declined to investigate, citing DA Paul Gallegos' potential conflict of interest in the matter.
Salzman, the coordinator of the Alliance for Ethical Business, was Gallegos' campaign manager, directing a successful battle against a Pacific Lumber Co.-sponsored attempt to recall the DA in 2004.
"I don't see Richard working on my [2006] campaign at this point," Gallegos said on Monday. "Richard is a great friend, he has been a great friend to me. I have great strong feelings for him but I don't think it would be appropriate."
Both Councilmember Chris Kerrigan and Fifth District Supervisor Jill Geist have since distanced themselves from the man who worked to get them into office. For the most part, Gallegos seems to be following suit, though he still considers Salzman a friend. Still, they have not spoken in recent months, save for a passing "hello" and "happy holidays" during a chance encounter in an Arcata restaurant.
"There's a sadness you feel when a bad thing happens to your friend, when you don't get to talk to your friend anymore because of what's going on in their lives," Gallegos said. "That was painful, in all candor. It was sad for me. It's like losing someone."
In recent months would-be campaign managers have offered to take over Gallegos' next run, but the DA mentioned no names.
"My campaign is next year, not this year," he said.
In The News: Gallegos talks pot, meth and PL
◼ DA opines, gets feedback from McKinleyville Chamber - by KEITH EASTHOUSE/North Coast Journal Oct. 9, 2003
It wasn't an earthshaking meeting, just Humboldt County's DA out in the community keeping in touch with the people who elected him.
Or not.
The latter seemed most likely with this group, about 10 members of the McKinleyville Chamber of Commerce who spent an hour clustered around a table with Paul Gallegos at the Village Pantry restaurant on Central Avenue Monday afternoon. They were civil, even courteous, but the customary deference, even obsequiousness, normally accorded someone occupying Gallegos' powerful position was noticeably absent.
The elephant in the living room was the ongoing effort to force a recall election of Gallegos. Did the DA, as he talked with these folks and looked them in the eye, wonder how many of them want him ousted? Or has he compartmentalized things to such an extent that the issue never arose for him?
Regardless, he seemed his normal self: engaging, honest to a fault, combative when challenged. But still a little coltish, still a little unsure. Which would probably be the case even if there wasn't a recall movement afoot. Being elected DA is one thing; projecting the authority of the office takes time. Even Terry Farmer would admit that.
Marijuana was the first subject on the agenda; to be precise, the district attorney's new guidelines, which allow people who use pot for medical purposes to have up to three pounds. "Someone growing three pounds of pot is not a big problem compared to what we have in Humboldt County," Gallegos observed. "We have marijuana cultivation that's [on a scale of] thousands of pounds."
Gallegos said a long-term goal is greater uniformity in the medical pot guidelines that exist in California's counties. Right now, evidently, there's quite a bit of variation, although Gallegos said the guidelines in Humboldt, Del Norte and Sonoma are "identical."
Gallegos acknowledged that there has been resistance within the county to his guidelines. (He didn't specify from whom, but presumably he meant law enforcement.) "Some say their policy is still zero tolerance, but we are seeing some changes in some agencies, who say they are grateful for the clarity."
At this point, in what may have been the only time during the meeting when anyone directly praised the DA, one of the chamber members said they were "impressed" with the way Gallegos handled the medical marijuana issue.
The discussion turned next to meth. Artist Patricia Sennott wanted to know if Humboldt County was "making a dent" in tackling the drug problem. Gallegos didn't directly address the question, and instead talked about manpower limitations.
The testiest part of the meeting came when Ben Shepherd, who lost to Jill Geist in the 5th District supervisor's race last year, deftly used Gallegos' spiel about limited resources to challenge him about his fraud lawsuit against PL. "You said we have limited resources. Would putting one of our largest employers out of business help that?" Shepherd asked with an air of indignation.
Gallegos' initial response was, "I don't think we're going to put PL out of business." Then he added: "If as a result of their unlawful activities they are put in a position where they can't do business, that's a consequence they created themselves, not us."
A little later he asked, "Should I no longer prosecute marijuana cultivation because it may reduce jobs and money for this county?" To which Shepherd, clearly irritated, said, "I think you've carried that to an extreme far beyond my point."
The meeting soon broke up -- on a cordial note -- and everyone went his or her way. With, one suspects, their minds unchanged.
It wasn't an earthshaking meeting, just Humboldt County's DA out in the community keeping in touch with the people who elected him.
Or not.
The latter seemed most likely with this group, about 10 members of the McKinleyville Chamber of Commerce who spent an hour clustered around a table with Paul Gallegos at the Village Pantry restaurant on Central Avenue Monday afternoon. They were civil, even courteous, but the customary deference, even obsequiousness, normally accorded someone occupying Gallegos' powerful position was noticeably absent.
The elephant in the living room was the ongoing effort to force a recall election of Gallegos. Did the DA, as he talked with these folks and looked them in the eye, wonder how many of them want him ousted? Or has he compartmentalized things to such an extent that the issue never arose for him?
Regardless, he seemed his normal self: engaging, honest to a fault, combative when challenged. But still a little coltish, still a little unsure. Which would probably be the case even if there wasn't a recall movement afoot. Being elected DA is one thing; projecting the authority of the office takes time. Even Terry Farmer would admit that.
Marijuana was the first subject on the agenda; to be precise, the district attorney's new guidelines, which allow people who use pot for medical purposes to have up to three pounds. "Someone growing three pounds of pot is not a big problem compared to what we have in Humboldt County," Gallegos observed. "We have marijuana cultivation that's [on a scale of] thousands of pounds."
Gallegos said a long-term goal is greater uniformity in the medical pot guidelines that exist in California's counties. Right now, evidently, there's quite a bit of variation, although Gallegos said the guidelines in Humboldt, Del Norte and Sonoma are "identical."
Gallegos acknowledged that there has been resistance within the county to his guidelines. (He didn't specify from whom, but presumably he meant law enforcement.) "Some say their policy is still zero tolerance, but we are seeing some changes in some agencies, who say they are grateful for the clarity."
At this point, in what may have been the only time during the meeting when anyone directly praised the DA, one of the chamber members said they were "impressed" with the way Gallegos handled the medical marijuana issue.
The discussion turned next to meth. Artist Patricia Sennott wanted to know if Humboldt County was "making a dent" in tackling the drug problem. Gallegos didn't directly address the question, and instead talked about manpower limitations.
The testiest part of the meeting came when Ben Shepherd, who lost to Jill Geist in the 5th District supervisor's race last year, deftly used Gallegos' spiel about limited resources to challenge him about his fraud lawsuit against PL. "You said we have limited resources. Would putting one of our largest employers out of business help that?" Shepherd asked with an air of indignation.
Gallegos' initial response was, "I don't think we're going to put PL out of business." Then he added: "If as a result of their unlawful activities they are put in a position where they can't do business, that's a consequence they created themselves, not us."
A little later he asked, "Should I no longer prosecute marijuana cultivation because it may reduce jobs and money for this county?" To which Shepherd, clearly irritated, said, "I think you've carried that to an extreme far beyond my point."
The meeting soon broke up -- on a cordial note -- and everyone went his or her way. With, one suspects, their minds unchanged.
In The News: "I do solemnly swear"
◼ "I do solemnly swear" North Coast Journal Jan. 9, 2003
TEN COUNTY OFFICIALS WERE SWORN IN AT A MASS ceremony at noon Monday with Judge Marilyn Miles doing the honors.
Most of the representatives and administrators are new to their jobs. With that in mind, the Journal asked: "What is the first thing on your agenda?"
Incoming D. A. Paul Gallegos' chief task: "Meet with the troops. Deal with the chaos of moving in." And then? Gallegos said rewriting the county's Proposition 215 medical marijuana policy is one of the first things he will work on.
Said Supervisor Jill Geist, "Learn about the dynamics of the organization and figure out its inner workings so I can see where I fit in and how I can best serve the 5th district. And I want to develop relationships with the community across a broad base." Big problems to tackle? "No. 1 is the budget crisis. And water issues with the Klamath, the Eel, the Trinity -- all the rivers -- that will be a top priority."
Superintendent Garry Eagles did not have to think long. His primary concern: "School survival in the face of the state's budget crisis. Then I want to be an advocate for rural education," he added.
Assessor Linda Hill was all business. "My main focus is on continuing to run the office in a professional, efficient manner," she said. Will budget troubles make her job harder? "The budget crisis will make it more difficult, but not too bad. We will have to learn to live with it."
Auditor-Controller Michael Giacone was thinking about mending fences. "First thing is to get together with the CAO [new County Administrative Officer Loretta Nickolaus] and begin reestablishing a good working relationship. In previous years we've had some tough times [with prior CAO John Murray]."
Sheriff Gary Philp was not looking at his first day on the job. He has already replaced former Sheriff Dennis Lewis who retired in September. On the top of Philp's mind: a campaign promise fulfilled. "We opened up the new McKinleyville office today with a sergeant, three deputies, a community service officer and a clerk on duty," he said. "They'll be there from 8-4:30, Monday through Friday." Will things be different with a new D.A.? ""Not really. We both have the same idea: provide the best law enforcement we can. We will work together to do that."
Above, Left to right:
Recorder-Clerk Carolyn Crnich, Treasurer-Tax Collector Steven Strawn,
4th District Supervisor Bonnie Neely, Sheriff Gary Philp, Assessor Linda Hill.
Above, Left to right:
5th District Supervisor Jill Geist, Coroner Frank Jager,
Superintendent of School Garry Eagles, District Attorney Paul Gallegos, Auditor-Controller Michael Giacone.
TEN COUNTY OFFICIALS WERE SWORN IN AT A MASS ceremony at noon Monday with Judge Marilyn Miles doing the honors.
Most of the representatives and administrators are new to their jobs. With that in mind, the Journal asked: "What is the first thing on your agenda?"
Incoming D. A. Paul Gallegos' chief task: "Meet with the troops. Deal with the chaos of moving in." And then? Gallegos said rewriting the county's Proposition 215 medical marijuana policy is one of the first things he will work on.
Said Supervisor Jill Geist, "Learn about the dynamics of the organization and figure out its inner workings so I can see where I fit in and how I can best serve the 5th district. And I want to develop relationships with the community across a broad base." Big problems to tackle? "No. 1 is the budget crisis. And water issues with the Klamath, the Eel, the Trinity -- all the rivers -- that will be a top priority."
Superintendent Garry Eagles did not have to think long. His primary concern: "School survival in the face of the state's budget crisis. Then I want to be an advocate for rural education," he added.
Assessor Linda Hill was all business. "My main focus is on continuing to run the office in a professional, efficient manner," she said. Will budget troubles make her job harder? "The budget crisis will make it more difficult, but not too bad. We will have to learn to live with it."
Auditor-Controller Michael Giacone was thinking about mending fences. "First thing is to get together with the CAO [new County Administrative Officer Loretta Nickolaus] and begin reestablishing a good working relationship. In previous years we've had some tough times [with prior CAO John Murray]."
Sheriff Gary Philp was not looking at his first day on the job. He has already replaced former Sheriff Dennis Lewis who retired in September. On the top of Philp's mind: a campaign promise fulfilled. "We opened up the new McKinleyville office today with a sergeant, three deputies, a community service officer and a clerk on duty," he said. "They'll be there from 8-4:30, Monday through Friday." Will things be different with a new D.A.? ""Not really. We both have the same idea: provide the best law enforcement we can. We will work together to do that."
Above, Left to right:
Recorder-Clerk Carolyn Crnich, Treasurer-Tax Collector Steven Strawn,
4th District Supervisor Bonnie Neely, Sheriff Gary Philp, Assessor Linda Hill.
Above, Left to right:
5th District Supervisor Jill Geist, Coroner Frank Jager,
Superintendent of School Garry Eagles, District Attorney Paul Gallegos, Auditor-Controller Michael Giacone.
Fund for Gallegos' PL case
In The News
◼ Rush to judgment? - by KEITH EASTHOUSE & ANDREW EDWARDS/North Coast Journal March 20, 2003
The DA's case against PL is getting slammed before it reaches court
AT ONE POINT DURING LAST WEEK'S STORMY of the Humboldt County Board of Supervisors, County Counsel Tamara Falor tried to get the five supervisors back on point.
The focus here, she said, should be on the liability that might arise should the board approve District Attorney Paul Gallegos' request to bring in a San Francisco Bay Area firm to help in his lawsuit against the Pacific Lumber Co.
The reminder fell largely on deaf ears. Roger Rodoni had set the tone early on when he wondered whether the lead lawyer for the firm, Joe Cotchett, would want a park named after him after he put Pacific Lumber out of business. Bonnie Neely said flatly, almost impatiently, that she had serious doubts about the merits of Gallegos' case -- a sentiment that was echoed later on by Jimmy Smith. Throughout, the newest supervisor, Jill Geist, had a lot of questions, not all of them terribly relevant.
Only John Woolley seemed to recognize the obvious: that the emotional, overheated atmosphere that prevailed that day in the Supervisors' chambers -- packed as it was with agitated loggers and a much smaller number of environmentalists -- was not an ideal atmosphere in which to make a decision. The board, Woolley suggested, needed more time to chew on the proposal. He made a motion to reconsider it at the next meeting, March 25. It died for lack of a second.
Neely's motion to deny Gallegos' request, already on the table, was then voted on. It passed on a 4-1 vote, with Woolley the odd man out.
So ended one of the more contentious, and perhaps fateful, supervisors' meetings in memory. The upshot was that Gallegos and Assistant District Attorney Tim Stoen, the lawyer in charge of the case, are on their own. While Pacific Lumber has large legal resources at its disposal, the DA will have to rely on his own staff and whatever resources he can bring to bear with his $2.7 million budget.
As is well known by now, the DA is accusing Pacific Lumber of concealing critical information during the 1999 Headwaters negotiations. They say the deception enabled the company to log as many as 100,000 redwoods on unstable slopes that it otherwise wouldn't have been able to get at. They are seeking as much as $250 million in damages.
Gallegos and Stoen could come back before the Supervisors and try again to win their approval to enter into a contractual agreement with the Cotchett firm. But barring some unforeseen development that would enhance the case before it goes before a judge, there doesn't seem to be much point. Geist, perhaps, might vote differently, but Smith, Rodoni and Neely clearly have their minds made up.
While Gallegos and Stoen put a brave face on things last week, vowing to push ahead, the fact of the matter is that they lost the services of a firm that has extensive expertise in precisely the field of law they are litigating in the PL case: corporate fraud.
Referring to a high-profile savings and loan case in which Cotchett won a $1.7 billion settlement, Stoen said, not without a trace of bitterness: "That's the kind of legal talent turned down by the board."
An influential letter
To a large extent, Gallegos and Stoen were done in by a letter from the California Department of Fish and Game.
Addressed to Stoen, it arrived in the DA's office on March 10, the day before the supervisors' meeting. So late did it arrive that Stoen didn't even see it until the next morning, when he was about to go before the board. The supervisors also received copies.
When Stoen read it, and saw the assertion that "there are errors in the facts presented" in the DA's case, it didn't make his day, to put it mildly. "I felt blindsided," he said later.
The letter was a major reason the supervisors voted not to engage the services of Cotchett's firm -- despite the fact that the letter said nothing about the issue before the board, the hiring of outside counsel.
"In terms of hiring outside counsel, that's not our business," said Fish and Game Conservation Program Manager Mark Stopher, speaking from his Redding office a couple of days after the meeting. "We're not in a position to decide if the DA needs help or not."
Supervisor Smith said that in discussions with Fish and Game Regional Manager Don Koch and CDF Director Andrea Tuttle the weekend before the meeting, and through reading material forwarded by their attorneys, he had come to the conclusion that the county would be put at significant risk if the Cotchett firm was hired.
"[The California Departments of Forestry, and Fish and Game] said they were going to step up to the plate [to defend PL]," Smith said in an interview last Thursday. "I don't think it was ever perfectly clear what the cost could be to the county to take on the state and federal government, henceforth my vote was no."
It may sound like Smith was second guessing the DA on the merits of bringing a fraud case against PL. Not so, Smith said.
"If the DA chooses, and I believe him to be a man of good character, he can make that choice: that's his domain. I would never, ever second guess him on that."
Why did Fish and Game comment on pending litigation (in which its representatives might be called to testify) in the first place?
Stephanie Tom Coupe, senior staff counsel with Fish and Game and the author of the letter to Stoen, said the department wanted to make sure he knew that Fish and Game was already defending the Headwaters deal in a legal challenge brought by the Environmental Protection Information Center, a Garberville group that has long been a thorn in PL's side.
"We wanted him to understand that," Coupe said in a telephone interview from her Sacramento office. "We tried to communicate that we wanted to avoid a situation in which we would be testifying against Humboldt County."
According to Stopher, the department sent the letter because Stoen wasn't listening to reason in their first and only meeting on March 7, the Friday before the supervisors' meeting.
"We (Fish and Game) came away from that not sure whether or not they were interested in hearing what we had to say," Stopher said. "I thought maybe Mr. Stoen was already vested [in the case] and wouldn't adequately consider our comments if they were only put verbally."
A Fish and Game source said Stoen became hostile when factual errors in his 45-page legal complaint were spelled out at the meeting.
Two subsequent conference calls on the 13th and 18th were called off by the DA's office without any reason given.
"My sense is that he considers us now to be the enemy," Stopher said.
The target was Reid
The factual information recounted in the letter doesn't go to the heart of the case, alleged fraud committed by PL. But it does attack some important peripheral points.
The suit alleges that PL concealed information contained in a report on the Jordan Creek watershed, located above Humboldt Redwoods State Park, and as a result successfully persuaded then CDF Director Richard Wilson to approve a less stringent set of logging restrictions known as "Alternative 25."
That alternative, as well as the one Wilson originally chose, "Alternative 25a," are part of a key document in the Headwaters deal, the Sustained Yield Plan, which imposes limits on PL's logging rates over the next 100 years.
Coupe's letter stated that "The CDF director's decision to approve Alternative 25 did not provide additional access for PL to harvest timber on unstable areas. It did provide the ability to harvest additional timber from portions of the ownership which are not unstable."
If that's true, it cuts Gallegos' case off at the knees because he's alleging that PL's deception enabled it to access timber in areas prone to sliding.
But Coupe's statement conflicts with one contained in a letter signed by two high-ranking officials of the U.S. Fish and Wildlife Service and the National Marine Fisheries Service. Dated Feb. 27, 1999, right at the time when Wilson was being pressured to approve Alternative 25, the letter said the following: "According to information received from PL, most of the difference in available harvest volume in the two alternatives is derived from the amount which can be harvested in mass wasting areas of concern." In other words, unstable areas.
Alternative 25, it turns out, does indeed allow for selective logging on unstable slopes if a geologist can figure out a way to make it work without producing undue amounts of sediment. Alternative 25a prohibits logging on unstable slopes, plain and simple.
So the DA's complaint has merit?
That would seem logical, were it not for another Headwaters document, the Habitat Conservation Plan -- designed to protect endangered species -- which trumps the Sustained Yield Plan. The HCP does not allow harvesting on slopes that have more than a high risk of producing excess sediment.
So the DA's case doesn't have merit?
That, too, would seem logical were it not for another possibility: the HCP itself is flawed. According to Ken Miller, a vehement PL critic, there is disagreement to this day, even with the restrictions imposed by the HCP, about what constitutes a stable area and what constitutes an unstable area. That uncertainty might have been avoided had the work of Leslie Reid, a leading expert on the cumulative impacts of logging, carried more weight. Reid, of the U.S. Forest Service's Redwood Sciences Laboratory in Arcata, studied the Bear Creek watershed immediately adjacent to the Jordan Creek basin in the late 1990s. She ended up recommending a methodology to determine sustainable logging levels that Pacific Lumber blanched at because it was too restrictive. It was to prevent Reid's "methodology" from being generalized to Jordan Creek and the rest of the 211,000 acres under PL ownership that PL carried out its deception.
That, at least, is what Stoen says in his complaint.
Public input thwarted
Stoen, for his part, essentially called the Fish and Game letter a red herring.
"Frankly, it doesn't address the fundamental issue," Stoen said.
Which is, he said, the apparent fact that when Wilson ditched Alternative 25a in favor of Alternative 25, he did so not knowing that Pacific Lumber had, at the eleventh hour, given correct data on Jordan Creek to a mid-level CDF official in Fortuna. Had Wilson known that, he would have recirculated a document called the Environmental Impact Report to various state and federal agencies and to the public for input. That input, in turn, could have led to stricter logging restrictions. But he didn't know about the new data (the official in Fortuna, according to Stoen's complaint, never passed it up the chain of command) and as a result, the report was never recirculated.
Therefore, according to Stoen, the report, which the Headwaters deal hinged on, was fraudulent.
"If the EIR was fraudulent, then there's no right to cut any trees," Stoen said.
Stoen said he was angry that Fish and Game chose to release its letter just before last week's supervisors meeting. And he doesn't think that was an accident.
"It was a clever ploy to get the supervisors nervous," he said.
__________________ __________________
Tree-sitters taken down
by ANDREW EDWARDS
PACIFIC LUMBER CO. MADE GOOD ON ITS PROMISE TO TAKE DOWN TREE-SITTERS FROM their perches in Freshwater this week, launching an operation that's supposed to last several days.
On Monday long time tree-sitter Remedy and her neighbor Wren were hauled down in a day-long operation, involving six climbers, more than 15 Humboldt County Sheriffs (many working on their day off), seven correctional staff from the Humboldt County Jail to book prisoners, at least four California Highway Patrol officers and tens of activists.
Greenwood Heights Road, an offshoot of Kneeland Road that winds up a wooded mountainside just northeast of Eureka, was blocked off by Pacific Lumber personnel for several hours on Monday. The company's justification for the closure, which involved no public notification? An encroachment permit it had applied for last year.
The aim was apparently to prevent activists from gathering at the base of trees that tree-sitters occupied. But even residents were turned back. Only press, PL workers and law enforcement were allowed.
Humboldt County Supervisor John Woolley received about 30 angry calls from his constituents and looked into the matter. After consulting with Public Works (which manages county roads) Woolley concluded that the encroachment, which was solely for logging, didn't apply to tree-sitter extraction, and county attorneys notified PL that the barricades would have to come down.
"It's only there for commercial logging processes," Woolley said, adding that he was worried about lawsuits. "You could see the future, if you're dealing with an illegal encroachment permit."
County Counsel Tamara Falor said PL must give Public Works two-week notice of any road closure. Such notice was not given in this case, Falor said.
Sheriff's deputies, unaware of the wrangling behind the scene, went to work early enforcing the permit. They walked a group of activists that had gathered at the base of the tree down the road, until one of the more vocal ones, Alexander Carpenter, aka Four Winds, 26, laid down in the road and was arrested.
"I got so tired of being pushed down the hill by billy clubs I laid down and let them arrest me," Carpenter said. "I was a guilty man there."
Carpenter was back on the scene as soon as he got out of jail.
The climbers, led by the always cheerful Eric Schatz of Schatz Tree Service, threw ropes into the trees and went up after the tree-sitters, three climbers per tree. Hours passed and nothing happened. A cold wind blew.
After four o'clock the road was opened and activists began to stream back. They were herded past the tree-sits, contained by a wall of deputies.
Around 5 p.m., after hours of apparently pleasant, if fruitless, coaxing by Schatz, Remedy was brought down; they had cut the chains that anchored her in her lock box.
"If the chains had been shorter they wouldn't have been able to do that. It was kind of a faux pas on my part," Remedy said in an interview Tuesday.
The mood was emotional. People were crying. When Remedy appeared and was driven away in a cop car the crowd surged forward, blocking the road. Deputies forced them back. Finally they sat down on the road and chanted.
When Wren came down things got ugly. Activists were shoved back by batons and the crowd was pepper-sprayed. Several people were arrested.
That night, both trees were reoccupied, Remedy's by three women and Wren's as well. In the case of Wren's tree, activists reportedly climbed up PL's own rope, which had been left overnight.
The next day the climbers came to the heavily populated lower village but were only successful in removing one tree-sitter, Annapurna. She was unhurt. Her tree was immediately reoccupied by tree-sitters travelling high up on traverse lines.
In an apparent gesture of frustration at the end of the day, PL employees surrounded the tree, still occupied, and girdled it with a chainsaw, removing the bark from around the base of the tree to kill it.
Activists on the road rushed the workers screaming that the tree was occupied, almost as if in pain. Some scrambled to protect surrounding trees but the workers didn't do anything more.
After two days, three tree-sitters had been arrested, three trees reoccupied, one road reopened, one tree girdled, 11 ground-based activists arrested. Stay tuned. The battle is supposed to continue all week.
__________________ __________________
◼ Fund for Gallegos' PL case - North Coast Journal March 20, 2003
Stymied in his attempt to hire an outside law firm for his suit against the Pacific Lumber Co., District Attorney Paul Gallegos may get a bit of help from local residents.
A Redway man has started a fund to help defray the county's legal expenses in connection with the lawsuit. Jared Rossman, a landlord and property manager, sent out an e-mail urging people to "put your money where your mouth is" and donate to his "Citizens' Fund for Equal Justice."
"I was so upset by the way the Board of Supervisors handled this," he said. They could have shown support for "this independent DA." Instead, they missed an opportunity. "If the county officials are going to drop the ball then the citizens are going to have to pick it up," he said. "When the law is applied evenhandedly, the truth will win out, and that's what America was built on."
The fund was established at the Community Credit Union of Southern Humboldt in Garberville. It was unclear at press time whether it is legal for a citizens' group to earmark private donations for use by the county in a specific lawsuit.
Meanwhile, another local man has started a group called the Alliance for Ethical Business, a "citizens advocacy group concerned about corporate crime," said founder Richard Salzman. He said his group would support Gallegos' efforts to discover the truth in the Pacific Lumber case, and is organizing an event for April 9 at the Arcata Community Center in which Gallegos and Assistant DA Tim Stoen will answer questions about the lawsuit.
__________________ __________________
NOTE: Gallegos' lawsuit never made it past demurrer, though he appealed it all the way to the California Supreme Court, where he was laughed out of the room, and they denied his appeal.
The suit was a case of activists succeeding in getting an elected official they had backed to publicly file their private lawsuit, a public prosecution. But they were armed only with bumper sticker rhetoric and a layman's understanding of the issue, activist pipe dreams, as it were.
Their attempts to bring in their big gun, Bob Cotchett, were thwarted, when the Board of Supervisors refused to allocate the funds to pay his high fees. The activists concocted all kinds of scenarios where the fines per tree would pay for the lawyer, and even devised a "Trust Fund' scheme, in which they plotted to solicit, accept and use special interest money to privately fund a public prosecution.
They failed. And failed, and failed again. It seems in the end, Mr. Easthouse should eat his words.
The media also failed in this entire debacle. Many reporters followed Gallegos around with their tongues hanging out, and their glowing, loving reports must embarrass them in hindsight.
It's time for the record to be corrected.
◼ Rush to judgment? - by KEITH EASTHOUSE & ANDREW EDWARDS/North Coast Journal March 20, 2003
The DA's case against PL is getting slammed before it reaches court
AT ONE POINT DURING LAST WEEK'S STORMY of the Humboldt County Board of Supervisors, County Counsel Tamara Falor tried to get the five supervisors back on point.
The focus here, she said, should be on the liability that might arise should the board approve District Attorney Paul Gallegos' request to bring in a San Francisco Bay Area firm to help in his lawsuit against the Pacific Lumber Co.
The reminder fell largely on deaf ears. Roger Rodoni had set the tone early on when he wondered whether the lead lawyer for the firm, Joe Cotchett, would want a park named after him after he put Pacific Lumber out of business. Bonnie Neely said flatly, almost impatiently, that she had serious doubts about the merits of Gallegos' case -- a sentiment that was echoed later on by Jimmy Smith. Throughout, the newest supervisor, Jill Geist, had a lot of questions, not all of them terribly relevant.
Only John Woolley seemed to recognize the obvious: that the emotional, overheated atmosphere that prevailed that day in the Supervisors' chambers -- packed as it was with agitated loggers and a much smaller number of environmentalists -- was not an ideal atmosphere in which to make a decision. The board, Woolley suggested, needed more time to chew on the proposal. He made a motion to reconsider it at the next meeting, March 25. It died for lack of a second.
Neely's motion to deny Gallegos' request, already on the table, was then voted on. It passed on a 4-1 vote, with Woolley the odd man out.
So ended one of the more contentious, and perhaps fateful, supervisors' meetings in memory. The upshot was that Gallegos and Assistant District Attorney Tim Stoen, the lawyer in charge of the case, are on their own. While Pacific Lumber has large legal resources at its disposal, the DA will have to rely on his own staff and whatever resources he can bring to bear with his $2.7 million budget.
As is well known by now, the DA is accusing Pacific Lumber of concealing critical information during the 1999 Headwaters negotiations. They say the deception enabled the company to log as many as 100,000 redwoods on unstable slopes that it otherwise wouldn't have been able to get at. They are seeking as much as $250 million in damages.
Gallegos and Stoen could come back before the Supervisors and try again to win their approval to enter into a contractual agreement with the Cotchett firm. But barring some unforeseen development that would enhance the case before it goes before a judge, there doesn't seem to be much point. Geist, perhaps, might vote differently, but Smith, Rodoni and Neely clearly have their minds made up.
While Gallegos and Stoen put a brave face on things last week, vowing to push ahead, the fact of the matter is that they lost the services of a firm that has extensive expertise in precisely the field of law they are litigating in the PL case: corporate fraud.
Referring to a high-profile savings and loan case in which Cotchett won a $1.7 billion settlement, Stoen said, not without a trace of bitterness: "That's the kind of legal talent turned down by the board."
An influential letter
To a large extent, Gallegos and Stoen were done in by a letter from the California Department of Fish and Game.
Addressed to Stoen, it arrived in the DA's office on March 10, the day before the supervisors' meeting. So late did it arrive that Stoen didn't even see it until the next morning, when he was about to go before the board. The supervisors also received copies.
When Stoen read it, and saw the assertion that "there are errors in the facts presented" in the DA's case, it didn't make his day, to put it mildly. "I felt blindsided," he said later.
The letter was a major reason the supervisors voted not to engage the services of Cotchett's firm -- despite the fact that the letter said nothing about the issue before the board, the hiring of outside counsel.
"In terms of hiring outside counsel, that's not our business," said Fish and Game Conservation Program Manager Mark Stopher, speaking from his Redding office a couple of days after the meeting. "We're not in a position to decide if the DA needs help or not."
Supervisor Smith said that in discussions with Fish and Game Regional Manager Don Koch and CDF Director Andrea Tuttle the weekend before the meeting, and through reading material forwarded by their attorneys, he had come to the conclusion that the county would be put at significant risk if the Cotchett firm was hired.
"[The California Departments of Forestry, and Fish and Game] said they were going to step up to the plate [to defend PL]," Smith said in an interview last Thursday. "I don't think it was ever perfectly clear what the cost could be to the county to take on the state and federal government, henceforth my vote was no."
It may sound like Smith was second guessing the DA on the merits of bringing a fraud case against PL. Not so, Smith said.
"If the DA chooses, and I believe him to be a man of good character, he can make that choice: that's his domain. I would never, ever second guess him on that."
Why did Fish and Game comment on pending litigation (in which its representatives might be called to testify) in the first place?
Stephanie Tom Coupe, senior staff counsel with Fish and Game and the author of the letter to Stoen, said the department wanted to make sure he knew that Fish and Game was already defending the Headwaters deal in a legal challenge brought by the Environmental Protection Information Center, a Garberville group that has long been a thorn in PL's side.
"We wanted him to understand that," Coupe said in a telephone interview from her Sacramento office. "We tried to communicate that we wanted to avoid a situation in which we would be testifying against Humboldt County."
According to Stopher, the department sent the letter because Stoen wasn't listening to reason in their first and only meeting on March 7, the Friday before the supervisors' meeting.
"We (Fish and Game) came away from that not sure whether or not they were interested in hearing what we had to say," Stopher said. "I thought maybe Mr. Stoen was already vested [in the case] and wouldn't adequately consider our comments if they were only put verbally."
A Fish and Game source said Stoen became hostile when factual errors in his 45-page legal complaint were spelled out at the meeting.
Two subsequent conference calls on the 13th and 18th were called off by the DA's office without any reason given.
"My sense is that he considers us now to be the enemy," Stopher said.
The target was Reid
The factual information recounted in the letter doesn't go to the heart of the case, alleged fraud committed by PL. But it does attack some important peripheral points.
The suit alleges that PL concealed information contained in a report on the Jordan Creek watershed, located above Humboldt Redwoods State Park, and as a result successfully persuaded then CDF Director Richard Wilson to approve a less stringent set of logging restrictions known as "Alternative 25."
That alternative, as well as the one Wilson originally chose, "Alternative 25a," are part of a key document in the Headwaters deal, the Sustained Yield Plan, which imposes limits on PL's logging rates over the next 100 years.
Coupe's letter stated that "The CDF director's decision to approve Alternative 25 did not provide additional access for PL to harvest timber on unstable areas. It did provide the ability to harvest additional timber from portions of the ownership which are not unstable."
If that's true, it cuts Gallegos' case off at the knees because he's alleging that PL's deception enabled it to access timber in areas prone to sliding.
But Coupe's statement conflicts with one contained in a letter signed by two high-ranking officials of the U.S. Fish and Wildlife Service and the National Marine Fisheries Service. Dated Feb. 27, 1999, right at the time when Wilson was being pressured to approve Alternative 25, the letter said the following: "According to information received from PL, most of the difference in available harvest volume in the two alternatives is derived from the amount which can be harvested in mass wasting areas of concern." In other words, unstable areas.
Alternative 25, it turns out, does indeed allow for selective logging on unstable slopes if a geologist can figure out a way to make it work without producing undue amounts of sediment. Alternative 25a prohibits logging on unstable slopes, plain and simple.
So the DA's complaint has merit?
That would seem logical, were it not for another Headwaters document, the Habitat Conservation Plan -- designed to protect endangered species -- which trumps the Sustained Yield Plan. The HCP does not allow harvesting on slopes that have more than a high risk of producing excess sediment.
So the DA's case doesn't have merit?
That, too, would seem logical were it not for another possibility: the HCP itself is flawed. According to Ken Miller, a vehement PL critic, there is disagreement to this day, even with the restrictions imposed by the HCP, about what constitutes a stable area and what constitutes an unstable area. That uncertainty might have been avoided had the work of Leslie Reid, a leading expert on the cumulative impacts of logging, carried more weight. Reid, of the U.S. Forest Service's Redwood Sciences Laboratory in Arcata, studied the Bear Creek watershed immediately adjacent to the Jordan Creek basin in the late 1990s. She ended up recommending a methodology to determine sustainable logging levels that Pacific Lumber blanched at because it was too restrictive. It was to prevent Reid's "methodology" from being generalized to Jordan Creek and the rest of the 211,000 acres under PL ownership that PL carried out its deception.
That, at least, is what Stoen says in his complaint.
Public input thwarted
Stoen, for his part, essentially called the Fish and Game letter a red herring.
"Frankly, it doesn't address the fundamental issue," Stoen said.
Which is, he said, the apparent fact that when Wilson ditched Alternative 25a in favor of Alternative 25, he did so not knowing that Pacific Lumber had, at the eleventh hour, given correct data on Jordan Creek to a mid-level CDF official in Fortuna. Had Wilson known that, he would have recirculated a document called the Environmental Impact Report to various state and federal agencies and to the public for input. That input, in turn, could have led to stricter logging restrictions. But he didn't know about the new data (the official in Fortuna, according to Stoen's complaint, never passed it up the chain of command) and as a result, the report was never recirculated.
Therefore, according to Stoen, the report, which the Headwaters deal hinged on, was fraudulent.
"If the EIR was fraudulent, then there's no right to cut any trees," Stoen said.
Stoen said he was angry that Fish and Game chose to release its letter just before last week's supervisors meeting. And he doesn't think that was an accident.
"It was a clever ploy to get the supervisors nervous," he said.
Tree-sitters taken down
by ANDREW EDWARDS
PACIFIC LUMBER CO. MADE GOOD ON ITS PROMISE TO TAKE DOWN TREE-SITTERS FROM their perches in Freshwater this week, launching an operation that's supposed to last several days.
On Monday long time tree-sitter Remedy and her neighbor Wren were hauled down in a day-long operation, involving six climbers, more than 15 Humboldt County Sheriffs (many working on their day off), seven correctional staff from the Humboldt County Jail to book prisoners, at least four California Highway Patrol officers and tens of activists.
Greenwood Heights Road, an offshoot of Kneeland Road that winds up a wooded mountainside just northeast of Eureka, was blocked off by Pacific Lumber personnel for several hours on Monday. The company's justification for the closure, which involved no public notification? An encroachment permit it had applied for last year.
The aim was apparently to prevent activists from gathering at the base of trees that tree-sitters occupied. But even residents were turned back. Only press, PL workers and law enforcement were allowed.
Humboldt County Supervisor John Woolley received about 30 angry calls from his constituents and looked into the matter. After consulting with Public Works (which manages county roads) Woolley concluded that the encroachment, which was solely for logging, didn't apply to tree-sitter extraction, and county attorneys notified PL that the barricades would have to come down.
"It's only there for commercial logging processes," Woolley said, adding that he was worried about lawsuits. "You could see the future, if you're dealing with an illegal encroachment permit."
County Counsel Tamara Falor said PL must give Public Works two-week notice of any road closure. Such notice was not given in this case, Falor said.
Sheriff's deputies, unaware of the wrangling behind the scene, went to work early enforcing the permit. They walked a group of activists that had gathered at the base of the tree down the road, until one of the more vocal ones, Alexander Carpenter, aka Four Winds, 26, laid down in the road and was arrested.
"I got so tired of being pushed down the hill by billy clubs I laid down and let them arrest me," Carpenter said. "I was a guilty man there."
Carpenter was back on the scene as soon as he got out of jail.
The climbers, led by the always cheerful Eric Schatz of Schatz Tree Service, threw ropes into the trees and went up after the tree-sitters, three climbers per tree. Hours passed and nothing happened. A cold wind blew.
After four o'clock the road was opened and activists began to stream back. They were herded past the tree-sits, contained by a wall of deputies.
Around 5 p.m., after hours of apparently pleasant, if fruitless, coaxing by Schatz, Remedy was brought down; they had cut the chains that anchored her in her lock box.
"If the chains had been shorter they wouldn't have been able to do that. It was kind of a faux pas on my part," Remedy said in an interview Tuesday.
The mood was emotional. People were crying. When Remedy appeared and was driven away in a cop car the crowd surged forward, blocking the road. Deputies forced them back. Finally they sat down on the road and chanted.
When Wren came down things got ugly. Activists were shoved back by batons and the crowd was pepper-sprayed. Several people were arrested.
That night, both trees were reoccupied, Remedy's by three women and Wren's as well. In the case of Wren's tree, activists reportedly climbed up PL's own rope, which had been left overnight.
The next day the climbers came to the heavily populated lower village but were only successful in removing one tree-sitter, Annapurna. She was unhurt. Her tree was immediately reoccupied by tree-sitters travelling high up on traverse lines.
In an apparent gesture of frustration at the end of the day, PL employees surrounded the tree, still occupied, and girdled it with a chainsaw, removing the bark from around the base of the tree to kill it.
Activists on the road rushed the workers screaming that the tree was occupied, almost as if in pain. Some scrambled to protect surrounding trees but the workers didn't do anything more.
After two days, three tree-sitters had been arrested, three trees reoccupied, one road reopened, one tree girdled, 11 ground-based activists arrested. Stay tuned. The battle is supposed to continue all week.
◼ Fund for Gallegos' PL case - North Coast Journal March 20, 2003
Stymied in his attempt to hire an outside law firm for his suit against the Pacific Lumber Co., District Attorney Paul Gallegos may get a bit of help from local residents.
A Redway man has started a fund to help defray the county's legal expenses in connection with the lawsuit. Jared Rossman, a landlord and property manager, sent out an e-mail urging people to "put your money where your mouth is" and donate to his "Citizens' Fund for Equal Justice."
"I was so upset by the way the Board of Supervisors handled this," he said. They could have shown support for "this independent DA." Instead, they missed an opportunity. "If the county officials are going to drop the ball then the citizens are going to have to pick it up," he said. "When the law is applied evenhandedly, the truth will win out, and that's what America was built on."
The fund was established at the Community Credit Union of Southern Humboldt in Garberville. It was unclear at press time whether it is legal for a citizens' group to earmark private donations for use by the county in a specific lawsuit.
Meanwhile, another local man has started a group called the Alliance for Ethical Business, a "citizens advocacy group concerned about corporate crime," said founder Richard Salzman. He said his group would support Gallegos' efforts to discover the truth in the Pacific Lumber case, and is organizing an event for April 9 at the Arcata Community Center in which Gallegos and Assistant DA Tim Stoen will answer questions about the lawsuit.
NOTE: Gallegos' lawsuit never made it past demurrer, though he appealed it all the way to the California Supreme Court, where he was laughed out of the room, and they denied his appeal.
The suit was a case of activists succeeding in getting an elected official they had backed to publicly file their private lawsuit, a public prosecution. But they were armed only with bumper sticker rhetoric and a layman's understanding of the issue, activist pipe dreams, as it were.
Their attempts to bring in their big gun, Bob Cotchett, were thwarted, when the Board of Supervisors refused to allocate the funds to pay his high fees. The activists concocted all kinds of scenarios where the fines per tree would pay for the lawyer, and even devised a "Trust Fund' scheme, in which they plotted to solicit, accept and use special interest money to privately fund a public prosecution.
They failed. And failed, and failed again. It seems in the end, Mr. Easthouse should eat his words.
The media also failed in this entire debacle. Many reporters followed Gallegos around with their tongues hanging out, and their glowing, loving reports must embarrass them in hindsight.
It's time for the record to be corrected.
3.19.2014
Arcata fatal stabbing case reassigned from Firpo to Gallegos
◼ Arcata fatal stabbing case reassigned from Firpo to Gallegos - The Times-Standard
POSTED: 03/18/2014 12:57:34 PM PDT3 COMMENTS
UPDATED: 03/18/2014 01:09:57 PM PDT
Humboldt County District Attorney Paul Gallegos said today that he has reassigned the Douglas Anderson-Jordet fatal stabbing case from Deputy District Attorney Elan Firpo to himself.
Gallegos said his decision had “nothing to do” with Firpo's handling of the case or the quality of her work, but due to the case being used for other purposes by two of Firpo's fellow candidates in the upcoming district attorney election.
”It was my own inner sense of justice for everyone involved and my disappointment that some would use this case for political purposes instead of trying to seek justice,” Gallegos said.
Firpo said she had requested Gallegos to reassign her from the case for the same reason.
”To ensure this campaign is not conflated with a political campaign and that decisions are based on evidence and the rule of the law to ensure justice for both the victims and the defendants, I have asked that the case be reassigned,” Firpo wrote in a text message.
Anderson-Jordet, a 50-year old chef and Arcata resident, was killed in the early morning hours of Nov. 25 in Arcata after an altercation with three Arcata residents, which resulted in him being fatally stabbed once in the chest. In a plea agreement with the district attorney's office, Anderson-Jordet's killer -- 35-year-old Juan Joseph Ferrer -- pleaded no contest to the charge of involuntary manslaughter, for which he would serve a maximum four-year jail sentence and pay up to $10,000 in restitution fees to Anderson-Jordet's family.
District attorney candidates Arnie Klein and Allan Dollison have both issued press releases in the last month scrutinizing the plea deal and Firpo's handling of the case.
As Gallegos is not seeking reelection, he said he should be the one to carry out the rest of the case.
”I am responsible for all of the decisions in my office and the one person that is not making a decision based on political motivations one way or another,” Gallegos said. “I am used to the hue and cry of politics.”
_______________
◼ Gallegos reassigns Firpo from Arcata fatal stabbing case; DA will not challenge killer's plea deal - Will Houston/The Times-Standard
POSTED: 03/19/2014 02:19:30 AM PDT0 COMMENTS
UPDATED: 03/19/2014 11:00:55 AM PDT
Gallegos reassigns Firpo from Arcata fatal stabbing case; DA will not challenge killer's plea deal
Humboldt County District Attorney Paul Gallegos said in an interview Tuesday that he has reassigned the Douglas Anderson-Jordet fatal stabbing case from Deputy District Attorney Elan Firpo to himself.
Gallegos said his decision had “nothing to do” with Firpo's handling of the case or the quality of her work, but said it was because the case is being used for other purposes by two of Firpo's fellow candidates in the upcoming district attorney election.
”It was my own inner sense of justice for everyone involved and my disappointment that some would use this case for political purposes instead of trying to seek justice,” Gallegos said.
Firpo said she had requested Gallegos to reassign her from the case for the same reason.
”To ensure this campaign is not conflated with a political campaign and that decisions are based on evidence and the rule of the law to ensure justice for both the victims and the defendants, I have asked that the case be reassigned,” Firpo wrote in a text message.
Anderson-Jordet, a 50-year old chef and Arcata resident, was killed in the early morning hours of last Nov. 25 in Arcata after an altercation with three Arcata residents, which resulted in him being fatally stabbed once in the chest. In a plea agreement with the district attorney's office, Anderson-Jordet's killer -- 35-year-old Juan Joseph Ferrer -- pleaded no contest to the charge of involuntary manslaughter, for which he would serve a maximum four-year jail sentence and pay up to $10,000 in restitution fees to Anderson-Jordet's family.
Donna Johnson, Anderson-Jordet's sister, said her family has sent several emails and letters to the district attorney's office asking them to vacate the plea deal and bring Ferrer to trial.
”We have tried to work with (Firpo) and Gallegos, and he was giving us the same answer,” Johnson said. “We were told that this plea deal was the best we can get against him.”
Anderson-Jordet's brother, Donald Anderson, said he and his family “aren't happy” about the plea deal, and said that “we didn't feel like everything has been heard.”
”There has been some discrepancies about what we heard when we wrote to them and what we're being told by the district attorney's office,” Anderson said. “We were told it was one way, and now it's another.”
Gallegos said he has corresponded with the family and understands their grief, but said that he will not challenge the plea deal as “the legal system does not aspire to accomplish the individual aspirations of victims or their families.”
”My heart goes out to them,” Gallegos said. “... But our job as prosecutors is to listen and exercise compassion without sentimentality.”
As a prosecutor, Gallegos said their decisions “cannot be based on the will of the individuals,” but must be supported by “evidence proved beyond a reasonable doubt.”
”We don't represent the victims, we represent the people of the state of California,” Gallegos said.
District attorney candidates Arnie Klein and Allan Dollison have both issued press releases in the last month scrutinizing the plea deal and Firpo's handling of the case.
As Gallegos is not seeking reelection, he said he should be the one to carry out the rest of the case.
”I am responsible for all of the decisions in my office and the one person that is not making a decision based on political motivations one way or another,” Gallegos said. “I am used to the hue and cry of politics.”
Will Houston can be reached at 707-441-0504 or whouston@times-standard.com. Follow him on Twitter.com/Will_S_Houston.
POSTED: 03/18/2014 12:57:34 PM PDT3 COMMENTS
UPDATED: 03/18/2014 01:09:57 PM PDT
Humboldt County District Attorney Paul Gallegos said today that he has reassigned the Douglas Anderson-Jordet fatal stabbing case from Deputy District Attorney Elan Firpo to himself.
Gallegos said his decision had “nothing to do” with Firpo's handling of the case or the quality of her work, but due to the case being used for other purposes by two of Firpo's fellow candidates in the upcoming district attorney election.
”It was my own inner sense of justice for everyone involved and my disappointment that some would use this case for political purposes instead of trying to seek justice,” Gallegos said.
Firpo said she had requested Gallegos to reassign her from the case for the same reason.
”To ensure this campaign is not conflated with a political campaign and that decisions are based on evidence and the rule of the law to ensure justice for both the victims and the defendants, I have asked that the case be reassigned,” Firpo wrote in a text message.
Anderson-Jordet, a 50-year old chef and Arcata resident, was killed in the early morning hours of Nov. 25 in Arcata after an altercation with three Arcata residents, which resulted in him being fatally stabbed once in the chest. In a plea agreement with the district attorney's office, Anderson-Jordet's killer -- 35-year-old Juan Joseph Ferrer -- pleaded no contest to the charge of involuntary manslaughter, for which he would serve a maximum four-year jail sentence and pay up to $10,000 in restitution fees to Anderson-Jordet's family.
District attorney candidates Arnie Klein and Allan Dollison have both issued press releases in the last month scrutinizing the plea deal and Firpo's handling of the case.
As Gallegos is not seeking reelection, he said he should be the one to carry out the rest of the case.
”I am responsible for all of the decisions in my office and the one person that is not making a decision based on political motivations one way or another,” Gallegos said. “I am used to the hue and cry of politics.”
_______________
◼ Gallegos reassigns Firpo from Arcata fatal stabbing case; DA will not challenge killer's plea deal - Will Houston/The Times-Standard
POSTED: 03/19/2014 02:19:30 AM PDT0 COMMENTS
UPDATED: 03/19/2014 11:00:55 AM PDT
Gallegos reassigns Firpo from Arcata fatal stabbing case; DA will not challenge killer's plea deal
Humboldt County District Attorney Paul Gallegos said in an interview Tuesday that he has reassigned the Douglas Anderson-Jordet fatal stabbing case from Deputy District Attorney Elan Firpo to himself.
Gallegos said his decision had “nothing to do” with Firpo's handling of the case or the quality of her work, but said it was because the case is being used for other purposes by two of Firpo's fellow candidates in the upcoming district attorney election.
”It was my own inner sense of justice for everyone involved and my disappointment that some would use this case for political purposes instead of trying to seek justice,” Gallegos said.
Firpo said she had requested Gallegos to reassign her from the case for the same reason.
”To ensure this campaign is not conflated with a political campaign and that decisions are based on evidence and the rule of the law to ensure justice for both the victims and the defendants, I have asked that the case be reassigned,” Firpo wrote in a text message.
Anderson-Jordet, a 50-year old chef and Arcata resident, was killed in the early morning hours of last Nov. 25 in Arcata after an altercation with three Arcata residents, which resulted in him being fatally stabbed once in the chest. In a plea agreement with the district attorney's office, Anderson-Jordet's killer -- 35-year-old Juan Joseph Ferrer -- pleaded no contest to the charge of involuntary manslaughter, for which he would serve a maximum four-year jail sentence and pay up to $10,000 in restitution fees to Anderson-Jordet's family.
Donna Johnson, Anderson-Jordet's sister, said her family has sent several emails and letters to the district attorney's office asking them to vacate the plea deal and bring Ferrer to trial.
”We have tried to work with (Firpo) and Gallegos, and he was giving us the same answer,” Johnson said. “We were told that this plea deal was the best we can get against him.”
Anderson-Jordet's brother, Donald Anderson, said he and his family “aren't happy” about the plea deal, and said that “we didn't feel like everything has been heard.”
”There has been some discrepancies about what we heard when we wrote to them and what we're being told by the district attorney's office,” Anderson said. “We were told it was one way, and now it's another.”
Gallegos said he has corresponded with the family and understands their grief, but said that he will not challenge the plea deal as “the legal system does not aspire to accomplish the individual aspirations of victims or their families.”
”My heart goes out to them,” Gallegos said. “... But our job as prosecutors is to listen and exercise compassion without sentimentality.”
As a prosecutor, Gallegos said their decisions “cannot be based on the will of the individuals,” but must be supported by “evidence proved beyond a reasonable doubt.”
”We don't represent the victims, we represent the people of the state of California,” Gallegos said.
District attorney candidates Arnie Klein and Allan Dollison have both issued press releases in the last month scrutinizing the plea deal and Firpo's handling of the case.
As Gallegos is not seeking reelection, he said he should be the one to carry out the rest of the case.
”I am responsible for all of the decisions in my office and the one person that is not making a decision based on political motivations one way or another,” Gallegos said. “I am used to the hue and cry of politics.”
Will Houston can be reached at 707-441-0504 or whouston@times-standard.com. Follow him on Twitter.com/Will_S_Houston.
10.26.2010
Eye - Paul Hagen's Word
◼ Arcata Eye - Paul Hagen: Gallegos Is No Alternative – October 26, 2010
◼ Having already shared my experiences in running for district attorney this past spring in an open letter to the media (Arcata Eye, Oct. 6), I just read a public plea to my supporters to vote for Gallegos, headlined that he is “the only logical alternative for Hagen supporters.” (Jeff Schwartz, Arcata Eye, Oct. 20) That is absolutely not the case.
Now my opponent is calling for my supporters, and that calls to me. Those who know me know that I am “honest to a fault” (Eye endorsement, June 2), and while I completely refrained from negative campaigning and wish to keep it that way, Mr. Schwartz’s article calls for my unvarnished (albeit restrained) opinion. Here are my thoughts on the subject:
First, there are three things I wish to make perfectly clear: One, I have made it very clear to anyone who has asked that I am not endorsing anyone in this race. Two, I have unequivocally told this to Allison Jackson directly. Three, the reasons for this will not change.
Next, please know that I have never had a problem with Jeff Schwartz and I do respect him and those who agree with his statements. I learned a lot campaigning, including insights into what moves Gallegos’s supporters to believe in him. If they still do after reading this, I respect that, too.
My life’s experiences and core values, however, absolutely do not allow me to agree. To the contrary, what I know from hard years of direct experience is that the man is congenitally unqualified, and in so many ways. His defects lie at his core. This, too, will not change.
I write to comment on three areas of character–competence and ethics, with courage spanning them–and I write about the intersection of these in politics as it affects the public good. Please bear with me:
In a professional, one first looks to competence: Can the person do the job well, or learn to in a reasonable time? While many believe that Gallegos was courageous as well as competent in prosecuting Palco, or the Eureka police in the Moore case, neither was actually so. I spent 11 years as an environmental prosecutor, and it still hurts for me to read the Palco appellate court’s decision rebuking District Attorney Gallegos. Read it yourself, it is embarrassing. The police prosecutions were fully as disastrous in the damage done and their cost to the county, not to mention their national coverage for likewise being thrown out of court for failure to meet minimum standards and a crazy legal theory. There are also the Grand Jury reports still finding incompetence in Gallegos’ office. These are well-known facts. All of this he addresses by explaining away, but the facts remain.
As to courage, I would expect nothing less than the DA taking on corporations, etc. I criminally prosecuted two multinational corporations for killing a man at work in Mendocino County, winning a court ruling that corporations have no Fifth Amendment rights and receiving a quarter of a million dollars in settlement in doing so. I also prosecuted Palco twice criminally and got literally every last penny available in penalties, and once civilly receiving $80,000, $35,000 of which I sent to three grade schools in the Van Duzen River valley for violation-related science education. In all that I did as a prosecutor I never once thought about courage, but rather always about displaying high competence at every stage from investigation to settling. To me, doing “the right thing” is at best worthless when you badly screw it up.
Which brings us to ethics. Telling your staff you are going home sick while they stay at work and then going surfing during business hours is not ethical. Nor is using your taxpayer-paid office staff in political campaign announcements, whom we hear on the radio and see on TV and in the newspapers. Nor is deliberately smearing your political opponents, and it’s undeniably not ethical when you lie doing it.
Nor is it ethical to take full credit for what others have done, as in the Big Oil and Tire and the Skilled Healthcare cases, the settlements of which are now being used in ads which the Gallegos campaign is touting was “all because of Paul.” This is not ethical because it is not true. These cases were not “all” Gallegos’s, not by a long shot. Check it out yourself. The Attorney General representing the Regional Water Board did the great bulk of the Big Oil case because the Humboldt DA and the responsible county agency would not, yet Gallegos’s supporters and his ads take full credit. Three private law firms initiated the Skilled Healthcare case and again did most of the work, but in his ads Gallegos takes full credit. His ads are neither true nor ethical.
If you really want the truth about Gallegos’ professional ethics, inquire of him why the other affected DA’s and the Attorney General all refused to join in his Skilled Healthcare settlement due to their ‘ethical concerns’ over his use of secret settlement monies and more. Ask Gallegos himself to explain directly, honestly and openly the formal rebuke he has received from the California District Attorneys Association for his unprofessional use of DA authority in settling that case. Go ahead, ask him to explain honestly and directly. He won’t. That would require real courage and the capacity to tell the truth regardless. He has neither.
I realize that many in Humboldt admire his willingness to file suit against Palco, fight evil corporations, etc. I respect such admiration. And I agree not only in principle, I’ve been there and done that. But this is not what people in Humboldt are really getting.
For an office holder, these character traits take their most telling form in campaigning. While being dishonest is more than bad enough, vilification, smearing, and divisive politics are worse. This is Gallegos’ fourth campaign and in each of the others he has done these things and won. In announcing his first campaign Gallegos shamelessly copied Bobby Kennedy’s announcement speech for U.S. President as his own, without attribution (Tri-City Weekly, Feb. 26, 2002; more plagiarism followed, Eureka Reporter, Sept. 7 and Sept. 8, 2006), promising great progressivism. The recall campaign, however –which I have already publicly condemned – was used as an opportunity to drive Humboldt’s cultural wedges all the deeper; and in the 2006 election his campaign depressed the county’s voting middle and polarized its tails. This does not enhance the public good.
In 2006, opposing candidate Dikeman was made into someone to hate and fear, with the same to Jackson this time. Schwartz himself is using fear in his appeal, using PG&E’s nuclear power plant – a field strictly under federal regulation, no DA can touch it – as the basis for not having Jackson and her “nuclear-plant crowd stick together and take Humboldt County back to the dark ages.” Really? Is that what will actually happen if he loses? Either Gallegos saves us from radiation or “the Humboldt County environment and much more goes down the drain?” Really? This simple dichotomy is more senseless than taking credit for a drop in crime based on gross statistics. Any thinking person knows that simple correlation does not equal causation. And yet, appealing to fear, Gallegos tells us he has made the county safer. Really? Then explain exactly how.
If the Gallegos campaign wishes to “ask, beg and implore” “those progressive leaders who supported Paul Hagen to endorse Paul Gallegos,” it can. Again, I realize that many in Humboldt admire his willingness to file suit against Palco, fight evil corporations, etc. I respect such admiration. And I agree not only in principle, I’ve been there and done that. But this is not what people in Humboldt are really getting.
Regardless of what Gallegos has done or says, he is not my idea of “progressive.” That requires truly living to progressive ideals and delivering solid results. Based on publicly known facts, I have tried to show here why Gallegos’ so-called ‘progressiveness’ is at best just political form without professional substance. Good intentions delivering incompetent results does not equal being “progressive.” Based on my direct personal experiences, my knowledge of Paul Gallegos’ utter lack of what I consider true ethics, courage and honesty, as well as his now-proven political campaign-trash tactics, I believe these things fundamentally disqualify his being a progressive. Or a district attorney.
For all those reading who aren’t concerned about the progressive/dark ages argument, good for you. What matters is results, not talk. So just look to what Gallegos has actually done as DA and how he went about it – his actual results, not what he says they are. After two actual elections he has shown us his best, and just as the Palco appellate court unanimously wrote, he has “failed to prove, on [his] third try, a reasonable possibility that [his] defect can be cured.” And so, making new law, it threw out the case.
Ours is a participatory democracy, a great gift. Each vote matters. Vote your hearts, vote your minds, and vote for the future you want. If it looks anything like my envisioned future, Paul Gallegos is not a “logical alternative.” Like Dan Quayle, Paul Gallegos is no Bobby Kennedy. He is no alternative.
Paul Hagen served as a criminal and civil prosecutor in four North Coast district attorney’s offices, including Humboldt’s. He is currently is an attorney in Eureka and believes deeply in participatory democracy.
An honest word.
Related:
◼ Hagen: ‘The bloom is off the rose’ for incumbent
◼ "Hogwash, Mr. Gallegos"
◼ Failed Gallegos lawsuit one more obstacle for community to overcome
◼
Why DA's Palco suit was ill-advised
◼ Having already shared my experiences in running for district attorney this past spring in an open letter to the media (Arcata Eye, Oct. 6), I just read a public plea to my supporters to vote for Gallegos, headlined that he is “the only logical alternative for Hagen supporters.” (Jeff Schwartz, Arcata Eye, Oct. 20) That is absolutely not the case.
Now my opponent is calling for my supporters, and that calls to me. Those who know me know that I am “honest to a fault” (Eye endorsement, June 2), and while I completely refrained from negative campaigning and wish to keep it that way, Mr. Schwartz’s article calls for my unvarnished (albeit restrained) opinion. Here are my thoughts on the subject:
First, there are three things I wish to make perfectly clear: One, I have made it very clear to anyone who has asked that I am not endorsing anyone in this race. Two, I have unequivocally told this to Allison Jackson directly. Three, the reasons for this will not change.
Next, please know that I have never had a problem with Jeff Schwartz and I do respect him and those who agree with his statements. I learned a lot campaigning, including insights into what moves Gallegos’s supporters to believe in him. If they still do after reading this, I respect that, too.
My life’s experiences and core values, however, absolutely do not allow me to agree. To the contrary, what I know from hard years of direct experience is that the man is congenitally unqualified, and in so many ways. His defects lie at his core. This, too, will not change.
I write to comment on three areas of character–competence and ethics, with courage spanning them–and I write about the intersection of these in politics as it affects the public good. Please bear with me:
In a professional, one first looks to competence: Can the person do the job well, or learn to in a reasonable time? While many believe that Gallegos was courageous as well as competent in prosecuting Palco, or the Eureka police in the Moore case, neither was actually so. I spent 11 years as an environmental prosecutor, and it still hurts for me to read the Palco appellate court’s decision rebuking District Attorney Gallegos. Read it yourself, it is embarrassing. The police prosecutions were fully as disastrous in the damage done and their cost to the county, not to mention their national coverage for likewise being thrown out of court for failure to meet minimum standards and a crazy legal theory. There are also the Grand Jury reports still finding incompetence in Gallegos’ office. These are well-known facts. All of this he addresses by explaining away, but the facts remain.
As to courage, I would expect nothing less than the DA taking on corporations, etc. I criminally prosecuted two multinational corporations for killing a man at work in Mendocino County, winning a court ruling that corporations have no Fifth Amendment rights and receiving a quarter of a million dollars in settlement in doing so. I also prosecuted Palco twice criminally and got literally every last penny available in penalties, and once civilly receiving $80,000, $35,000 of which I sent to three grade schools in the Van Duzen River valley for violation-related science education. In all that I did as a prosecutor I never once thought about courage, but rather always about displaying high competence at every stage from investigation to settling. To me, doing “the right thing” is at best worthless when you badly screw it up.
Which brings us to ethics. Telling your staff you are going home sick while they stay at work and then going surfing during business hours is not ethical. Nor is using your taxpayer-paid office staff in political campaign announcements, whom we hear on the radio and see on TV and in the newspapers. Nor is deliberately smearing your political opponents, and it’s undeniably not ethical when you lie doing it.
Nor is it ethical to take full credit for what others have done, as in the Big Oil and Tire and the Skilled Healthcare cases, the settlements of which are now being used in ads which the Gallegos campaign is touting was “all because of Paul.” This is not ethical because it is not true. These cases were not “all” Gallegos’s, not by a long shot. Check it out yourself. The Attorney General representing the Regional Water Board did the great bulk of the Big Oil case because the Humboldt DA and the responsible county agency would not, yet Gallegos’s supporters and his ads take full credit. Three private law firms initiated the Skilled Healthcare case and again did most of the work, but in his ads Gallegos takes full credit. His ads are neither true nor ethical.
If you really want the truth about Gallegos’ professional ethics, inquire of him why the other affected DA’s and the Attorney General all refused to join in his Skilled Healthcare settlement due to their ‘ethical concerns’ over his use of secret settlement monies and more. Ask Gallegos himself to explain directly, honestly and openly the formal rebuke he has received from the California District Attorneys Association for his unprofessional use of DA authority in settling that case. Go ahead, ask him to explain honestly and directly. He won’t. That would require real courage and the capacity to tell the truth regardless. He has neither.
I realize that many in Humboldt admire his willingness to file suit against Palco, fight evil corporations, etc. I respect such admiration. And I agree not only in principle, I’ve been there and done that. But this is not what people in Humboldt are really getting.
For an office holder, these character traits take their most telling form in campaigning. While being dishonest is more than bad enough, vilification, smearing, and divisive politics are worse. This is Gallegos’ fourth campaign and in each of the others he has done these things and won. In announcing his first campaign Gallegos shamelessly copied Bobby Kennedy’s announcement speech for U.S. President as his own, without attribution (Tri-City Weekly, Feb. 26, 2002; more plagiarism followed, Eureka Reporter, Sept. 7 and Sept. 8, 2006), promising great progressivism. The recall campaign, however –which I have already publicly condemned – was used as an opportunity to drive Humboldt’s cultural wedges all the deeper; and in the 2006 election his campaign depressed the county’s voting middle and polarized its tails. This does not enhance the public good.
In 2006, opposing candidate Dikeman was made into someone to hate and fear, with the same to Jackson this time. Schwartz himself is using fear in his appeal, using PG&E’s nuclear power plant – a field strictly under federal regulation, no DA can touch it – as the basis for not having Jackson and her “nuclear-plant crowd stick together and take Humboldt County back to the dark ages.” Really? Is that what will actually happen if he loses? Either Gallegos saves us from radiation or “the Humboldt County environment and much more goes down the drain?” Really? This simple dichotomy is more senseless than taking credit for a drop in crime based on gross statistics. Any thinking person knows that simple correlation does not equal causation. And yet, appealing to fear, Gallegos tells us he has made the county safer. Really? Then explain exactly how.
If the Gallegos campaign wishes to “ask, beg and implore” “those progressive leaders who supported Paul Hagen to endorse Paul Gallegos,” it can. Again, I realize that many in Humboldt admire his willingness to file suit against Palco, fight evil corporations, etc. I respect such admiration. And I agree not only in principle, I’ve been there and done that. But this is not what people in Humboldt are really getting.
Regardless of what Gallegos has done or says, he is not my idea of “progressive.” That requires truly living to progressive ideals and delivering solid results. Based on publicly known facts, I have tried to show here why Gallegos’ so-called ‘progressiveness’ is at best just political form without professional substance. Good intentions delivering incompetent results does not equal being “progressive.” Based on my direct personal experiences, my knowledge of Paul Gallegos’ utter lack of what I consider true ethics, courage and honesty, as well as his now-proven political campaign-trash tactics, I believe these things fundamentally disqualify his being a progressive. Or a district attorney.
For all those reading who aren’t concerned about the progressive/dark ages argument, good for you. What matters is results, not talk. So just look to what Gallegos has actually done as DA and how he went about it – his actual results, not what he says they are. After two actual elections he has shown us his best, and just as the Palco appellate court unanimously wrote, he has “failed to prove, on [his] third try, a reasonable possibility that [his] defect can be cured.” And so, making new law, it threw out the case.
Ours is a participatory democracy, a great gift. Each vote matters. Vote your hearts, vote your minds, and vote for the future you want. If it looks anything like my envisioned future, Paul Gallegos is not a “logical alternative.” Like Dan Quayle, Paul Gallegos is no Bobby Kennedy. He is no alternative.
Paul Hagen served as a criminal and civil prosecutor in four North Coast district attorney’s offices, including Humboldt’s. He is currently is an attorney in Eureka and believes deeply in participatory democracy.
An honest word.
Related:
◼ Hagen: ‘The bloom is off the rose’ for incumbent
◼ "Hogwash, Mr. Gallegos"
◼ Failed Gallegos lawsuit one more obstacle for community to overcome
◼
Why DA's Palco suit was ill-advised
8.03.2010
TS - Myrtletown homicide victim ID'd; officials seeking four for questioning about Santa Clara Street killing
◼ Myrtletown homicide victim ID'd; officials seeking four for questioning about Santa Clara Street killing 6/03/2010
The victim of a killing outside Eureka Tuesday had a long criminal record, including the attempted murder of a 62-year-old man during a burglary in 1991.
The victim of a killing outside Eureka Tuesday had a long criminal record, including the attempted murder of a 62-year-old man during a burglary in 1991.
Humboldt County Coroner Dave Parris identified the man as Jack Dale Sovereign, 38, of Eureka. An autopsy is being scheduled, and investigators are not releasing the preliminary cause of death, saying it could interfere with potential witness statements.
In September 1991, Sovereign entered a house on N Street in Eureka and startled 62-year-old William Naish, who was sleeping on the couch. According to Humboldt County Superior Court documents and news reports from the time, Naish reached for a phone to call police. Sovereign tore the cord from the wall and then repeatedly stabbed Naish with a knife. Naish survived with serious injuries, and police found Sovereign about two blocks from the scene and arrested him.
Sovereign pleaded guilty to attempted murder, and was sentenced to 10 years in prison. He appealed his plea, claiming that he didn't personally waive his right to a jury trial. The California Court of Appeal denied Sovereign's appeal.
Sovereign had several other felonies on his record, including a 2002 conviction for felony transportation of a controlled substance -- he was sentenced to six years in prison and five years probation. He pleaded guilty to possession of a controlled substance while on parole in early 2008, and then possession of a controlled substance months later.
The Humboldt County Sheriff's Office is also looking for two people of interest in the homicide, and is seeking two others for questioning. Authorities are looking for Katrina Lanai Inong, a 21-year-old American Indian, 5 feet 3 inches tall with black hair and brown eyes; and Ryan Anthony Salas, aka “Stomper,” a 24-year-old American Indian, 5 feet 9 inches tall, with black hair and brown eyes. The two have no felony crimes on their records, according to Humboldt County Court records.
The Sheriff's Office also wants to question Sonia Lexion Hunscker, described as American Indian, 5 feet 3 inches tall, 135 pounds with black hair and brown eyes, and Sunny Nix, described only as an American Indian male.
The Sheriff's Office is also attempting to locate two vehicles that may be involved in the incident: a blue or gray 1990 Toyota 4Runner, California license plate 2PNH763, and a blue Ford Ranger with a camper shell.
Deputies responded to a Santa Clara Street residence at 3:28 a.m. Tuesday and found a man, later identified as Sovereign, dead at the scene. Sovereign's body was draped with a white sheet for hours while investigators searched the area. A towel or cloth under Sovereign's head was soaked with what appeared to be blood.
One neighbor described hearing a single gunshot at the time, and a car speed away from the scene. But investigators are withholding details of Sovereign's death. Detective Steve Quenell said Wednesday that investigators want to speak with potential witnesses of the incident to corroborate facts.
”We're still in the process of trying to put the puzzle together,” Quenell said.
Quenell said that authorities had not detained anyone in the case as of late afternoon Wednesday.
John Driscoll can be reached at 441-0504 or jdriscoll@times-standard.com.
7.29.2010
TS - Man suspected of murdering child in Blue Lake arraigned; due back in court next month
Leon Alyious Bigleggins was arraigned in Humboldt County Court Wednesday, less than one week after the death of Dylan Blount-Chambers.
Bigleggins, 25, faces charges of first degree murder, assault on a child and felony child abuse, all stemming from the death of four-year-old Dylan, the oldest son of a mother of three. Dylan was taken to the hospital by his grandmother last Saturday after she discovered him having difficulty breathing.
After failed attempts to resuscitate the boy, he was pronounced dead at Mad River Community Hospital. The next day, the Humboldt County Sheriff's Office arrested Bigleggins, after detectives served a search warrant at a house on Sabertooth Road near Titlow Hill. The home was where Dylan's grandmother, Donna Blount, lived with Bigleggins, who was believed to be in a relationship with her.
Dylan had been staying at the home for a few weeks, and was often under the supervision of Bigleggins. Humboldt County Coroner Dave Parris said the initial autopsy for the body was completed yesterday and would be awaiting a final report from the doctor.
A preliminary hearing is scheduled for Bigleggins on August 10. His bail was set at $1 million.
6.24.2010
TS - Gallegos "My Word" Universal justice is not universally popular
◼ Gallegos campaign ad, I mean, "My Word"
◼ Universal justice is not universally popular
Paul V. Gallegos/For the Times-Standard
Posted: 06/24/2010 01:37:11 AM PDT
I want to send a heartfelt thank you to everyone who made our spring campaign a success. It would not have been possible without each and every one of you who volunteered, donated and endorsed. Thank you for all you have given and the many hours of hard work and dedication you selflessly gave over the last several months. It is the sum of your very efforts that made our campaign successful.
I am grateful for the votes and affirmation I received, and to those who did not vote for me, I want you to know that I have heard your voices and I intend to redouble my efforts to earn your votes in November.
Joanie and I moved here about 15 years ago, and fell in love with this remarkable community. Eight years ago I ran for district attorney on a platform of Justice For All -- including those historically neglected by the justice system such as children, victims of domestic violence, people of color, and victims of corporate fraud -- and for modernization. It's hard to believe now, but when I inherited the office, criminal case information was kept on index cards-- not computers.
Since then, my office has aggressively prosecuted the powerful -- even when it's been unpopular. My office prosecuted Maxxam/PL on evidence of fraud. We prosecuted Blue Lake's police chief for multiple felonies including illegal weapons. We prosecuted an oil company and won a major settlement to protect our drinking water.
But universal justice is not universally popular, and some would rather go back to how things used to be. This would be a mistake.
When I came to office, the murder of Blue Lake teen Curtis Huntzinger was still unsolved after 18 years. It was presumed to be unsolvable. But my investigators cracked the case and obtained a full confession from his murderer, Steven Daniel Hash.
During the campaign, one of my opponents made the disturbing accusation that I had let a child abuser off with a slap on the wrist. It was odd because she, under the previous office, had handled the case back in 2000, and should have known the original sentence was overturned on appeal; my office had to re-prosecute it anew in 2004, and the perpetrator was sentenced to eight years in prison.
I'll be the first to admit how much I've learned in the past eight years. Delivering justice to all is not easy. Behind the big publicity stories are thousands of small success stories and dozens of daily tragedies. We can't bring back loved ones -- but we can prosecute to the full extent of the law with the best evidence we have, which is what we do.
We cannot go back to how things were; the improvements and progress we've achieved over the last eight years are simply too precious to give up.
I ask for your support on my campaign as we move toward a November victory. For more information, go to votepaul.org.
Paul V. Gallegos is the Humboldt County district attorney.
Where to begin.
◼ Universal justice is not universally popular
Paul V. Gallegos/For the Times-Standard
Posted: 06/24/2010 01:37:11 AM PDT
I want to send a heartfelt thank you to everyone who made our spring campaign a success. It would not have been possible without each and every one of you who volunteered, donated and endorsed. Thank you for all you have given and the many hours of hard work and dedication you selflessly gave over the last several months. It is the sum of your very efforts that made our campaign successful.
I am grateful for the votes and affirmation I received, and to those who did not vote for me, I want you to know that I have heard your voices and I intend to redouble my efforts to earn your votes in November.
Joanie and I moved here about 15 years ago, and fell in love with this remarkable community. Eight years ago I ran for district attorney on a platform of Justice For All -- including those historically neglected by the justice system such as children, victims of domestic violence, people of color, and victims of corporate fraud -- and for modernization. It's hard to believe now, but when I inherited the office, criminal case information was kept on index cards-- not computers.
Since then, my office has aggressively prosecuted the powerful -- even when it's been unpopular. My office prosecuted Maxxam/PL on evidence of fraud. We prosecuted Blue Lake's police chief for multiple felonies including illegal weapons. We prosecuted an oil company and won a major settlement to protect our drinking water.
But universal justice is not universally popular, and some would rather go back to how things used to be. This would be a mistake.
When I came to office, the murder of Blue Lake teen Curtis Huntzinger was still unsolved after 18 years. It was presumed to be unsolvable. But my investigators cracked the case and obtained a full confession from his murderer, Steven Daniel Hash.
During the campaign, one of my opponents made the disturbing accusation that I had let a child abuser off with a slap on the wrist. It was odd because she, under the previous office, had handled the case back in 2000, and should have known the original sentence was overturned on appeal; my office had to re-prosecute it anew in 2004, and the perpetrator was sentenced to eight years in prison.
I'll be the first to admit how much I've learned in the past eight years. Delivering justice to all is not easy. Behind the big publicity stories are thousands of small success stories and dozens of daily tragedies. We can't bring back loved ones -- but we can prosecute to the full extent of the law with the best evidence we have, which is what we do.
We cannot go back to how things were; the improvements and progress we've achieved over the last eight years are simply too precious to give up.
I ask for your support on my campaign as we move toward a November victory. For more information, go to votepaul.org.
Paul V. Gallegos is the Humboldt County district attorney.
Where to begin.
6.17.2010
AE - New DA unit to take up Hagen's work
◼ New DA unit to take up Hagen's work
dated somewhere around 1/3/07
This week, in Daniel Mintz's article in the Arcata Eye, McKinleyville Press and The Independent, Gallegos announces that he is planning to put together an "environmental crimes unit.
“The idea is that we would be a leader, a hub in northern California for top prosecutors,” said Gallegos.
Staffing would be modest at first, he continued, possibly beginning with a prosecutor that he would hire and the CDAA would pay for. As the unit progresses, fines culled from successful prosecutions might allow further staffing.
“If someone is ripping people off or engaged in unfair business practices, they can expect to be prosecuted as criminals, or sued civilly, or both,” Gallegos said. “And if they’re creating a dangerous work environment – same thing.”"
More code words that say, in no uncertain terms, that Gallegos continues to try to implement Salzman's Plan. Using taxpayer's money to fulfill the activist's agenda at the expense of the People's business.
The purpose of the so-called "Alliance for Ethical Business" was "to promote corporate
responsibility and to ensure that fraud and illegal business practices are
prosecuted in a court of law."
Code words for "get Palco."
read the full article at
http://arcataeye.com/index.php?name=News&file=article&sid=1
New DA unit to take up Hagen's work
Also posted the FIRST COMMENT on this post.
dated somewhere around 1/3/07
This week, in Daniel Mintz's article in the Arcata Eye, McKinleyville Press and The Independent, Gallegos announces that he is planning to put together an "environmental crimes unit.
“The idea is that we would be a leader, a hub in northern California for top prosecutors,” said Gallegos.
Staffing would be modest at first, he continued, possibly beginning with a prosecutor that he would hire and the CDAA would pay for. As the unit progresses, fines culled from successful prosecutions might allow further staffing.
“If someone is ripping people off or engaged in unfair business practices, they can expect to be prosecuted as criminals, or sued civilly, or both,” Gallegos said. “And if they’re creating a dangerous work environment – same thing.”"
More code words that say, in no uncertain terms, that Gallegos continues to try to implement Salzman's Plan. Using taxpayer's money to fulfill the activist's agenda at the expense of the People's business.
The purpose of the so-called "Alliance for Ethical Business" was "to promote corporate
responsibility and to ensure that fraud and illegal business practices are
prosecuted in a court of law."
Code words for "get Palco."
read the full article at
http://arcataeye.com/index.php?name=News&file=article&sid=1
New DA unit to take up Hagen's work
Also posted the FIRST COMMENT on this post.
6.16.2010
Investigation Into Assistant DA Harassment Charges Complete
Investigation Into Assistant DA Harassment Charges Complete
Posted: 06/15/04
http://www.kiem-tv.com/
Humboldt County’s investigation into the alleged incidents of sexual harassment involving Assistant District Attorney Tim Stoen and a member of his clerical staff has apparently been completed and no formal charges or further action is to be taken.
This is according to county officials who will not appear on camera and cite personnel privacy concerns for not being more forthcoming with details or further explanation of the alleged incident.
Meanwhile, Stoen has been firing off demands for retractions and corrections to members of the local media, including News Channel 3, and has reportedly sought to subpoena the results of the county’s investigation; a report that county officials will not share with the Assistant D.A. It was originally reported that Stoen was on administrative leave, but while District Attorney Gallegos apparently did suggest that he not come to the office until the matter was settled, a formal leave may not have been the case.
Stoen was contacted Tuesday at his office by News Channel 3, but he declined comment on any issues surrounding the alleged incident or the investigation.
Posted: 06/15/04
http://www.kiem-tv.com/
Humboldt County’s investigation into the alleged incidents of sexual harassment involving Assistant District Attorney Tim Stoen and a member of his clerical staff has apparently been completed and no formal charges or further action is to be taken.
This is according to county officials who will not appear on camera and cite personnel privacy concerns for not being more forthcoming with details or further explanation of the alleged incident.
Meanwhile, Stoen has been firing off demands for retractions and corrections to members of the local media, including News Channel 3, and has reportedly sought to subpoena the results of the county’s investigation; a report that county officials will not share with the Assistant D.A. It was originally reported that Stoen was on administrative leave, but while District Attorney Gallegos apparently did suggest that he not come to the office until the matter was settled, a formal leave may not have been the case.
Stoen was contacted Tuesday at his office by News Channel 3, but he declined comment on any issues surrounding the alleged incident or the investigation.
Soliciting letters against Debi August.
This is Richard Salzman soliciting letters against Debi August.
****
To:
votegallegos@topica.com
From:
"Michael Twombly" Add to Address Book
Subject:
[GALLEGOS]
Date:
Wed, 9 Jun 2004 16:41:12 +0000
From the Vote Gallegos listserve:
To: Friends of Paul Gallegos
From: Richard Salzman
There have been several letters to the editor in support of Fortuna City Council member Debbie August (in the Times Standard and the Beacon) and they have all accused the DA's office of prosecuting her for revenge because she was a vocal supporter of the recall effort.
First) This investigation was initiated by the Grand Jury and the DA is obligated to pursue it.
Second) Is anyone who supported the recall to get a free ride on any future violations of the law, that the DA should NOT prosecute them as it might appear to be vindictive in nature?
Third) Might it be that those who are guilty of corruption are particularly unhappy to have Paul in office exactly because he will not turn a blind eye activities that other DAs might and that is why they supported the recall.
It would be great to see some letters that address any or all of these issues.
****
To:
votegallegos@topica.com
From:
"Michael Twombly"
Subject:
[GALLEGOS]
Date:
Wed, 9 Jun 2004 16:41:12 +0000
From the Vote Gallegos listserve:
To: Friends of Paul Gallegos
From: Richard Salzman
There have been several letters to the editor in support of Fortuna City Council member Debbie August (in the Times Standard and the Beacon) and they have all accused the DA's office of prosecuting her for revenge because she was a vocal supporter of the recall effort.
First) This investigation was initiated by the Grand Jury and the DA is obligated to pursue it.
Second) Is anyone who supported the recall to get a free ride on any future violations of the law, that the DA should NOT prosecute them as it might appear to be vindictive in nature?
Third) Might it be that those who are guilty of corruption are particularly unhappy to have Paul in office exactly because he will not turn a blind eye activities that other DAs might and that is why they supported the recall.
It would be great to see some letters that address any or all of these issues.
Is this any way to write a help wanted ad?
◼ link
http://cdaa.org/HumboldtFel0404.pdf
WANTED: TOP-FLIGHT PROSECUTOR
WILLING TO TRADE INCOME FOR BEAUTY
The Humboldt County District Attorney's Office is recruiting for a top-flight
prosecutor, with at least 5 years felony experience, who is able to "pick up a file at a
moment's notice and run with it." The opening derives from one of its deputy district
attorneys being appointed a federal magistrate.
The Humboldt County DA's office is one of the most exciting prosecutorial
offices in California.
Its District Attorney, Paul Gallegos, is willing to charge anyone who commits
wrongdoing--no matter how wealthy, sacrosanct, or ruthless. He believes in total equality
before the law. He also plans to be innovative in promoting programs of prevention and
treatment. He wants to make it the best prosecutorial office of its size in the nation.
As an example of willingness to take on the powerful, the office filed, in February
2003, a major fraud suit against Pacific Lumber Company under the Unfair Competition
Law. This led to Pacific Lumber's funding a recall against the DA, on which it spent
$220,000 despite Humboldt being a rural county of only 140,000 people.
On March 2, 2004, the voters in Humboldt County gave Gallegos an emphatic
vote of confidence--over 61% of the vote despite a massive barrage of false advertising.
Humboldt County is considered one of the most beautiful counties in the nation. It
has an extensive coastline on the Pacific, contains rugged mountains for hiking and
scenic rivers for fishing, and is home to the most cathedral-like redwoods in the world.
Eureka-Arcata has an airport with regularly scheduled service to San Francisco
and Sacramento and elsewhere. It contains Humboldt State University, which reportedly
sends the highest number of graduates into the Peace Corps of all colleges and
universities in America.
The salary schedule for this position is per year, plus health and dental insurance
benefits. Cost of living in Eureka-Arcata is less than in California's urban areas.
Contact:
Paul Gallegos, Humboldt County District Attorney, 825 5th Street, 4th Floor,
Eureka, California 95501. Phone: 707-445-7411. Fax: 707-445-7416. Email:
pgallegos@co.humboldt.ca.us.
http://cdaa.org/HumboldtFel0404.pdf
WANTED: TOP-FLIGHT PROSECUTOR
WILLING TO TRADE INCOME FOR BEAUTY
The Humboldt County District Attorney's Office is recruiting for a top-flight
prosecutor, with at least 5 years felony experience, who is able to "pick up a file at a
moment's notice and run with it." The opening derives from one of its deputy district
attorneys being appointed a federal magistrate.
The Humboldt County DA's office is one of the most exciting prosecutorial
offices in California.
Its District Attorney, Paul Gallegos, is willing to charge anyone who commits
wrongdoing--no matter how wealthy, sacrosanct, or ruthless. He believes in total equality
before the law. He also plans to be innovative in promoting programs of prevention and
treatment. He wants to make it the best prosecutorial office of its size in the nation.
As an example of willingness to take on the powerful, the office filed, in February
2003, a major fraud suit against Pacific Lumber Company under the Unfair Competition
Law. This led to Pacific Lumber's funding a recall against the DA, on which it spent
$220,000 despite Humboldt being a rural county of only 140,000 people.
On March 2, 2004, the voters in Humboldt County gave Gallegos an emphatic
vote of confidence--over 61% of the vote despite a massive barrage of false advertising.
Humboldt County is considered one of the most beautiful counties in the nation. It
has an extensive coastline on the Pacific, contains rugged mountains for hiking and
scenic rivers for fishing, and is home to the most cathedral-like redwoods in the world.
Eureka-Arcata has an airport with regularly scheduled service to San Francisco
and Sacramento and elsewhere. It contains Humboldt State University, which reportedly
sends the highest number of graduates into the Peace Corps of all colleges and
universities in America.
The salary schedule for this position is per year, plus health and dental insurance
benefits. Cost of living in Eureka-Arcata is less than in California's urban areas.
Contact:
Paul Gallegos, Humboldt County District Attorney, 825 5th Street, 4th Floor,
Eureka, California 95501. Phone: 707-445-7411. Fax: 707-445-7416. Email:
pgallegos@co.humboldt.ca.us.
5.31.2010
Eye - Political ‘Harassment’ Claim Refuted
Don't miss the comments:
◼ Political ‘Harassment’ Claim Refuted
– May 29, 2010
Saturday, May 29, 2010
Daniel Mintz
Eye Correspondent
HUMBOLDT – A DA candidate’s belief that Eureka humanitarian Betty Chinn was the target of politically-related “harassment” has been refuted by Chinn.
Chinn had been listed as one of DA candidate Allison Jackson’s endorsers on her campaign website but Chinn’s name was recently removed from the list. Asked why, Jackson e-mailed a statement explaining that Chinn’s “public support was impacting her personally” and so her name was removed.
“I am deeply troubled that she has had to endure any type of harassment due to her support of me in this election,” said Jackson.
But Chinn said that she asked that her name be removed because she didn’t intend to be an endorser. “I stay out of politics,” she said. “It’s not my area, my area is helping the poor.”
Chinn also wants to clarify that she hasn’t had to deal with any harassment. “This is a loving community and to come out and say that I’ve been harassed is not true,” she said. “I came here from communist China, I’ve never felt that I’ve been mistreated by anyone here.”
The first and only time Chinn met Jackson was at an event last February, Chinn continued. “I never said I support her, I did say that I admire her and what she’s doing,” she said, adding that the feedback she got after being listed on Jackson’s website was benign.
“Some people did tell me, ‘Betty, I know you never get involved in politics,’” Chinn said.
How did the supposed endorsement emerge and what constituted the perception of harassment? Jackson said that Chinn was with Rex Bohn, one of her friends, when they met last February. “I asked Rex to contact her to ask if I could use her name and was told that she supports me,” Jackson continued.
She said that in mid-May, Chinn left a phone message indicating she wanted her name removed. When Jackson asked Bohn about it, “All I was told was that she’d received numerous contacts who told her it could jeopardize her work,” Jackson said.
She said she wrote Chinn a letter thanking her and explaining that “I felt ill that anything from this could affect her work because I care about her so deeply,” Jackson continued.
Attributing the situation to miscommunication, Jackson emphasized that she truly believed Chinn had endorsed her and that after hearing she’d gotten numerous phone calls about it, she was concerned for her.
“I am deeply saddened by all of this and the way it’s been spun,” said Jackson.
Tags: election, Jackson
This entry was posted on Saturday, May 29th, 2010 at 2:34 pm and is filed under Election 2010, News. You can follow any responses to this entry through the RSS 2.0 feed.
8 Responses to “Political ‘Harassment’ Claim Refuted – May 29, 2010”
Richard
May 29, 2010 at 5:12 pm
The only “spin” here has been by Ms. Jackson herself.
#2999
Richard
May 30, 2010 at 9:54 am
Here is the original story copied from the printed page of the Arcata Eye:
CHINN CHASED AWAY FROM JACKSON CAMP
(photo of Betty here, with the word: HARRASSED printed below her name)
The removal of the name of one of DA candidate Allison Jackson’s endorsers from her website has sparked speculation and Jackson has said it was done to spare the endorser from politically-related “harassment.”
Political observers have noticed that Betty Chinn’s name has been removed from Jackson’s endorsement list. Chinn’s efforts on Eureka-based free food programs and a new shower facility have gained widespread attention and she’s one of Jackson’s more well-known supporters.
But when her name was removed, it seemed as if her support was withdrawn. Contacted about it, Jackson said the removal of Chinn’s name was done to shield her from reactions to the endorsement.
“While I am honored to have Betty’s support, when I became aware that her public support was impacting her personally and may have impact on her work for those who need our compassion in this community, I removed her name as a formal supporter so as not to have it impact either her or her work,” said Jackson.
She added, “I am deeply troubled that she has had to endure any type of harassment due to her support of me in this election. I have thanked her privately and will continue to thank her for her private support.”
Attempts to contact Chinn were unsuccessful.
#3030
kevpod
May 30, 2010 at 10:14 am
Mr. Nice, er, Richard, why did you edit the byline and dateline out of the story? And why don’t you post some of our lovely correspondence from the last few days? I mean, if you want to provide a complete picture.
#3031
Terrence McNally
May 30, 2010 at 10:30 am
At least he put his name on a post this time…
#3033
kevpod
May 30, 2010 at 10:32 am
In Richard’s defense, he signs his writing. Don’t you remember R. Trent Williams?
#3034
Terrence McNally
May 30, 2010 at 10:45 am
That was classic. Turd blossom politics at its finest.
You think Williams typeset that print story for him?
#3036
kevpod
May 30, 2010 at 10:52 am
Either R. Trent or another in his stable of handy-dandy sock puppets. Maybe the argyle one with the button nose.
#3038
Terrence McNally
May 30, 2010 at 10:57 am
Probably the idealistic rainbow-colored sock that wants to work for change… until becoming desperately cynical watching Richard make the sausage.
◼ Political ‘Harassment’ Claim Refuted
– May 29, 2010
Saturday, May 29, 2010
Daniel Mintz
Eye Correspondent
HUMBOLDT – A DA candidate’s belief that Eureka humanitarian Betty Chinn was the target of politically-related “harassment” has been refuted by Chinn.
Chinn had been listed as one of DA candidate Allison Jackson’s endorsers on her campaign website but Chinn’s name was recently removed from the list. Asked why, Jackson e-mailed a statement explaining that Chinn’s “public support was impacting her personally” and so her name was removed.
“I am deeply troubled that she has had to endure any type of harassment due to her support of me in this election,” said Jackson.
But Chinn said that she asked that her name be removed because she didn’t intend to be an endorser. “I stay out of politics,” she said. “It’s not my area, my area is helping the poor.”
Chinn also wants to clarify that she hasn’t had to deal with any harassment. “This is a loving community and to come out and say that I’ve been harassed is not true,” she said. “I came here from communist China, I’ve never felt that I’ve been mistreated by anyone here.”
The first and only time Chinn met Jackson was at an event last February, Chinn continued. “I never said I support her, I did say that I admire her and what she’s doing,” she said, adding that the feedback she got after being listed on Jackson’s website was benign.
“Some people did tell me, ‘Betty, I know you never get involved in politics,’” Chinn said.
How did the supposed endorsement emerge and what constituted the perception of harassment? Jackson said that Chinn was with Rex Bohn, one of her friends, when they met last February. “I asked Rex to contact her to ask if I could use her name and was told that she supports me,” Jackson continued.
She said that in mid-May, Chinn left a phone message indicating she wanted her name removed. When Jackson asked Bohn about it, “All I was told was that she’d received numerous contacts who told her it could jeopardize her work,” Jackson said.
She said she wrote Chinn a letter thanking her and explaining that “I felt ill that anything from this could affect her work because I care about her so deeply,” Jackson continued.
Attributing the situation to miscommunication, Jackson emphasized that she truly believed Chinn had endorsed her and that after hearing she’d gotten numerous phone calls about it, she was concerned for her.
“I am deeply saddened by all of this and the way it’s been spun,” said Jackson.
Tags: election, Jackson
This entry was posted on Saturday, May 29th, 2010 at 2:34 pm and is filed under Election 2010, News. You can follow any responses to this entry through the RSS 2.0 feed.
8 Responses to “Political ‘Harassment’ Claim Refuted – May 29, 2010”
Richard
May 29, 2010 at 5:12 pm
The only “spin” here has been by Ms. Jackson herself.
#2999
Richard
May 30, 2010 at 9:54 am
Here is the original story copied from the printed page of the Arcata Eye:
CHINN CHASED AWAY FROM JACKSON CAMP
(photo of Betty here, with the word: HARRASSED printed below her name)
The removal of the name of one of DA candidate Allison Jackson’s endorsers from her website has sparked speculation and Jackson has said it was done to spare the endorser from politically-related “harassment.”
Political observers have noticed that Betty Chinn’s name has been removed from Jackson’s endorsement list. Chinn’s efforts on Eureka-based free food programs and a new shower facility have gained widespread attention and she’s one of Jackson’s more well-known supporters.
But when her name was removed, it seemed as if her support was withdrawn. Contacted about it, Jackson said the removal of Chinn’s name was done to shield her from reactions to the endorsement.
“While I am honored to have Betty’s support, when I became aware that her public support was impacting her personally and may have impact on her work for those who need our compassion in this community, I removed her name as a formal supporter so as not to have it impact either her or her work,” said Jackson.
She added, “I am deeply troubled that she has had to endure any type of harassment due to her support of me in this election. I have thanked her privately and will continue to thank her for her private support.”
Attempts to contact Chinn were unsuccessful.
#3030
kevpod
May 30, 2010 at 10:14 am
Mr. Nice, er, Richard, why did you edit the byline and dateline out of the story? And why don’t you post some of our lovely correspondence from the last few days? I mean, if you want to provide a complete picture.
#3031
Terrence McNally
May 30, 2010 at 10:30 am
At least he put his name on a post this time…
#3033
kevpod
May 30, 2010 at 10:32 am
In Richard’s defense, he signs his writing. Don’t you remember R. Trent Williams?
#3034
Terrence McNally
May 30, 2010 at 10:45 am
That was classic. Turd blossom politics at its finest.
You think Williams typeset that print story for him?
#3036
kevpod
May 30, 2010 at 10:52 am
Either R. Trent or another in his stable of handy-dandy sock puppets. Maybe the argyle one with the button nose.
#3038
Terrence McNally
May 30, 2010 at 10:57 am
Probably the idealistic rainbow-colored sock that wants to work for change… until becoming desperately cynical watching Richard make the sausage.
5.29.2010
TS - No jail for horse-hoarder
Felony charges pled out to one misdemeanor
◼ No jail for horse-hoarder
Sean Garmire/The Times-Standard
Posted: 05/30/2008 01:15:13 AM PDT
Former horse owner Elsie Smith, whose 40 malnourished horses were seized by law enforcement from her Myers Flat property in April, offered a new plea of “no contest” to the charge of animal cruelty Wednesday.
Facing a maximum two-year prison sentence, the 69-year-old Smith accepted a plea deal.
According to court documents, she will now be required to compensate the city for costs of stabling the animals, relinquish all the seized animals and forfeit her rights to care for horses or other equines over the next three years.
The sentence requires Smith to attend counseling classes and perform community service.
After initially signing 30 of her horses over to the county, Smith refused to give up the remaining 10, opting to have them stay with friends and relatives. Smith lost the right to have input on those horses when she signed the agreement, and the horses have since been transferred to the county's care.
According to court documents, the Humboldt County district attorney estimated that the cost incurred for upkeep of the horses was $11,675 as of May 9.
Animal Control Division Lt. Steve Knight said his department is still calculating the costs of keeping the horses.
”We're still putting together those fees and submitting the total package to Elsie and the courts,” Knight said. “It'll be done, hopefully, in a week.”
The total updated estimate will be given to Smith in court during her June 23 supplemental report.
Smith's attorney, Neal Sanders, could not be reached for comment.
A second misdemeanor charge of obstructing a public officer was dropped in the agreement. The charge stemmed from early in the investigation, when the Humboldt County Sheriff's Office first seized 39 horses on her 25-acre property. Officials said Smith hid a horse in a wooded area on her property during the raid. It was found and seized three days later.
The county's Animal Control Division reported Smith was keeping the horses -- studs, mares and colts -- standing knee-deep in manure on deformed and infected hooves. Their coats were matted with mud and lice, and they were said to be malnourished.
Since then, Knight said the animals' coats have been treated for lice and their hooves trimmed. They are even gaining weight, he said.
”Their overall health has improved dramatically,” he said. “It's obvious; you can see it.”
The animals were relocated to the Humboldt County Fairgrounds, the Sheriff's Office farm in Rohnerville and the Fortuna Rodeo Grounds, and many were offered at auction.
Veterinarians had to euthanize two of the horses that would not have recovered, Knight said.
Of the total 24 horses that went up for auction, 20 were purchased. The auction ended with no bids placed on four horses, at least one of which will be given to Heart of the Redwoods Horse Rescue for rehabilitation.
Officials still don't know what to do with the 10 additional horses turned over Wednesday to the county. Knight said they may go up for auction in June, but that is not certain.
”We're getting the 24 horses dealt with now,” Knight said. “We will be looking at placement of the other 10 within the next week or two.”
Sean Garmire can be reached at 441-0514 or sgarmire@times-standard.com.
◼ No jail for horse-hoarder
Sean Garmire/The Times-Standard
Posted: 05/30/2008 01:15:13 AM PDT
Former horse owner Elsie Smith, whose 40 malnourished horses were seized by law enforcement from her Myers Flat property in April, offered a new plea of “no contest” to the charge of animal cruelty Wednesday.
Facing a maximum two-year prison sentence, the 69-year-old Smith accepted a plea deal.
According to court documents, she will now be required to compensate the city for costs of stabling the animals, relinquish all the seized animals and forfeit her rights to care for horses or other equines over the next three years.
The sentence requires Smith to attend counseling classes and perform community service.
After initially signing 30 of her horses over to the county, Smith refused to give up the remaining 10, opting to have them stay with friends and relatives. Smith lost the right to have input on those horses when she signed the agreement, and the horses have since been transferred to the county's care.
According to court documents, the Humboldt County district attorney estimated that the cost incurred for upkeep of the horses was $11,675 as of May 9.
Animal Control Division Lt. Steve Knight said his department is still calculating the costs of keeping the horses.
”We're still putting together those fees and submitting the total package to Elsie and the courts,” Knight said. “It'll be done, hopefully, in a week.”
The total updated estimate will be given to Smith in court during her June 23 supplemental report.
Smith's attorney, Neal Sanders, could not be reached for comment.
A second misdemeanor charge of obstructing a public officer was dropped in the agreement. The charge stemmed from early in the investigation, when the Humboldt County Sheriff's Office first seized 39 horses on her 25-acre property. Officials said Smith hid a horse in a wooded area on her property during the raid. It was found and seized three days later.
The county's Animal Control Division reported Smith was keeping the horses -- studs, mares and colts -- standing knee-deep in manure on deformed and infected hooves. Their coats were matted with mud and lice, and they were said to be malnourished.
Since then, Knight said the animals' coats have been treated for lice and their hooves trimmed. They are even gaining weight, he said.
”Their overall health has improved dramatically,” he said. “It's obvious; you can see it.”
The animals were relocated to the Humboldt County Fairgrounds, the Sheriff's Office farm in Rohnerville and the Fortuna Rodeo Grounds, and many were offered at auction.
Veterinarians had to euthanize two of the horses that would not have recovered, Knight said.
Of the total 24 horses that went up for auction, 20 were purchased. The auction ended with no bids placed on four horses, at least one of which will be given to Heart of the Redwoods Horse Rescue for rehabilitation.
Officials still don't know what to do with the 10 additional horses turned over Wednesday to the county. Knight said they may go up for auction in June, but that is not certain.
”We're getting the 24 horses dealt with now,” Knight said. “We will be looking at placement of the other 10 within the next week or two.”
Sean Garmire can be reached at 441-0514 or sgarmire@times-standard.com.
5.27.2010
JN - DA Trials - Gallegos, Hagen and Jackson make their case for the job of top prosecutor
◼ DA Trials - Gallegos, Hagen and Jackson make their case for the job of top prosecutor
(MAY 27, 2010) When handsome, young defense lawyer Paul Gallegos upset 20-year incumbent District Attorney Terry Farmer in 2002, many saw it as a watershed moment for Humboldt County politics — a landmark cultural shift away from the good ol’ boy conservativism that had dominated local government for generations in favor of stricter environmental accountability, a healthy respect for civil liberties and just general coolness (he surfs!). During his first few months in office, Gallegos made good on his campaign promise to shake things up by loosening medical marijuana guidelines and filing a massive fraud lawsuit against the Pacific Lumber Co.
Nearly eight years later, the DA’s office — and the politics surrounding it — have indeed changed profoundly. But if there’s a defining event from the Gallegos era thus far, it’s not his election but rather the failed recall attempt launched just three months into his first term. Funded by unscrupulous Palco CEO (hence defendant) Charles Hurwitz, the recall effort drove a wedge deep into existing fissures, both in the community — already polarized by the timber wars — and within the DA’s office, where staff remained bitter about Farmer’s ousting.
Allison Jackson
For supporters, the recall attempt turned Gallegos into a martyr. They viewed him as a courageous prosecutor being persecuted for standing up to corruption. Critics, meanwhile, charged that he was overreaching with the Palco suit at the expense of violent crime prosecutions. Though Gallegos handily defeated the recall effort, his detractors continued to accumulate cannon fodder: The Palco case was thrown out before reaching trial; the DA’s office suffered an exodus of experienced prosecutors, some leaving voluntary, others being canned; and in 2005, a Grand Jury report lambasted Gallegos for ineffectual leadership. Yet supporters stood by him, and in 2006, Gallegos defeated challenger Worth Dikeman (a Farmer loyalist who’d offered himself as a potential replacement during the recall try), thus marking his third election victory in four years.
In some circles, the discord of Gallegos’ first term has quietly festered during his second. Fault-finders have assiduously noted every plea bargain and loss — the Palco suit in particular, and also the case against two Eureka police officers for the shooting death of Cheri Lyn Moore. (The officers were acquitted after the judge ruled that Gallegos had misinformed the Grand Jury.) Supporters cite these same cases as evidence of Gallegos’ integrity; win or lose, they say, his decisions to prosecute reflect a refusal to be cowed by money or power. And they point to notable convictions, like that of corrupt Blue Lake Police Chief David Gundersen, as well as successes like the Curtis Huntzinger case, in which DA investigators garnered a full confession of child murder, 18 years after the fact.
Gallegos is now in the midst of a tough reelection campaign against two challengers, both of whom carry wounds from the battles of the past eight years: Allison Jackson, 50, a former Humboldt County Deputy DA now with Eureka’s Harland Law Firm, and Paul Hagen, 55, a former environmental circuit prosecutor now with Eureka firm Bragg, Perlman, Russ, Stunich and Eads. (A third challenger, former Deputy DA Kathleen Bryson, dropped out of the race last month citing family obligations.) In preparation for the June 8 primary election, each of these three lawyers sat down with the Journal to argue his or her case, looking to win over the jury of undecided voters.
Allison Jackson spent 10 years at the Humboldt County DA’s Office, earning a reputation as a tough-as-nails trial attorney specializing in child abuse, sexual assault and domestic violence cases. Gallegos fired her in 2004, shortly after the recall attempt. He was (and is) legally prevented from explaining why, but Jackson suggested, in the heat of the 2006 election, that she’d been fired in order to protect a defense attorney who presented forged evidence in court. Gallegos vehemently denied this. (“Forged Documents and Six Pounds of Weed,” May 18, 2006).
She’s now one of four partners at the Harland Law Firm, a 62-year-old civil firm housed in a handsomely renovated mechanics garage in Eureka. At the far end of the main hall, past bookshelves and ficus trees reaching from the parquet floor toward the steel crossbeams in the vaulted ceiling, lies Jackson’s office. Sitting behind her large mahogany desk on a recent Wednesday morning, Jackson said her decision to run for DA was not easy.
“I love my work here,” she said. “This building is beautiful. My partners are wonderful. My clients are wonderful. I absolutely adore my staff.” But she said she’s been approached by literally hundreds of people in recent years — in restaurants, banks, the post office — all asking her to please run for DA. Jackson herself has been one of Gallegos’ fiercest critics, questioning his knowledge of the law, challenging his office- and case-management abilities and condemning what she calls a revolving door of plea bargains. In the end, she said, her decision came down to “whether I could sleep in my skin at night.”
One of Jackson’s main passions as a litigator is protecting victims’ rights, a motive she traces back to the tragic and sudden death of her mother and stepfather at the hands of a drunk driver when she was 21. This occurred shortly before the Victims’ Bill of Rights was passed in 1982, so Jackson was not allowed to testify at the sentencing of the killer — an experience that firmly established her sympathy for victims. With her parents gone, she decided to abandon her dreams of becoming an anthropologist and wildlife photographer and instead became a lawyer, as her grandmother had been.
The Victims’ Bill of Rights not only expanded victims’ involvement in criminal trials, it also set limits on plea bargains. Therein lies Jackson’s most significant criticism of Gallegos. She believes that many of the deals he’s struck not only shortchanged victims and the public of justice, they were in fact illegal. She cites California Penal Code 1192.7, which prohibits plea bargaining in cases involving serious felonies unless a) the evidence is insufficient to prove the case, b) a witness disappears or c) the plea deal won’t substantially change the sentence.
Gallegos, she charged, has violated this statute countless times, most recently in the cases of Robert Bradshaw and Tracey Williams, both of whom were allowed to plead guilty to voluntary manslaughter rather than murder, and James Stanko, who pleaded to murder but not the string of armed robberies that preceded it. “It’s not any DA’s role in a serious or violent felony to usurp the jury function,” Jackson said. “If you have the evidence and the witnesses, you have to go forward.” As to how such allegedly unlawful pleas are allowed to occur, Jackson said, “I think there’s a fundamental lack of knowledge on [Gallegos’] part. I just can’t explain it any other way.”
She also criticized Gallegos’ “dismantling” of his senior-level deputy staff, saying she’s personally had to counsel inexperienced prosecutors from his office — and once even drafted a motion for one. There’s clearly a personal element to this gripe, since Jackson herself was among the deputy DA casualties. But she said the true tragedy of these departures (when combined with the time-consuming Palco case) was the effect they had on victims’ advocacy programs like the Child Abuse Services Team and domestic violence prosecutions.
The latter, Jackson said in another serious accusation, took a major step backward recently thanks to Gallegos’ handling of the Gundersen case, in which the Blue Lake police chief’s wife claimed she’d been repeatedly drugged and raped, only to recant her testimony in court. Jackson believes this change of heart stemmed from her treatment as a witness. “The DA’s office threatened this woman with arrest if she didn’t testify,” Jackson said. “They were engaging in the same type of abusive, harsh tactics the abuser was.” The fears of every rape victim — reprisal, badgering, public humiliation — were all realized in that case, Jackson said. And she’s convinced the subsequent county-wide drop in reported rapes is not coincidence.
“I intend to win this election,” she said, “and I intend to change all of that.”
Paul Hagen doesn’t drink coffee. Or alcohol, soda … not even tea. The human body is mostly water, he reasons, so drinking anything else pollutes it. Nevertheless, he agreed to meet outside Arcata’s Cafe Brio on a recent overcast morning, having skipped his weekly dawn swim through Stone Lagoon. One-on-one conversations with Hagen can be intense. When answering questions, he often looks off to the side, eyes darting as if tractor beams within them are retrieving data from the nearby sidewalk. He measures his words carefully, until, with his full thought more or less reeled in, he’ll turn, stare you straight in the eye and finish his point with articulate precision.
This no-nonsense disposition has served him well in court. From 1998 to 2006 he worked as an environmental circuit prosecutor for the California District Attorneys Association (CDAA). Deputized in Humboldt, Del Norte, Lake and, for a time, Mendocino counties, Hagen became the region’s top environmental prosecutor, investigating corporations large and small for such crimes as air and water pollution, archaeological looting and soil erosion. He won cases against Lockheed Martin, Louisiana Pacific and Pacific Lumber — twice.
In July 2006, however, he too was fired under politically charged circumstances. Hagen is convinced that his termination was retribution for questioning the endorsement process of the Humboldt County Democratic Central Committee, which ultimately backed Gallegos for reelection. Gallegos later acknowledged that he’d written two letters regarding Hagen’s work performance to the CDAA — at their request — but he told the Arcata Eye that Hagen’s theory was “way off the deep end.”
Hagen comes from Midwestern, blue-collar roots. He attended Northern Illinois University, where he served in student government and later interned for Congressman John B. Anderson. After graduating from the Washington University School of Law in St. Louis, Hagen moved with his wife to California, where he worked in construction, law clerking and various other jobs before being hired as an environmental analyst at Pillsbury, Madison and Sutro, then the state’s largest law firm. Prior to his work with the CDAA, Hagen taught environmental law at Cal State Hayward, San Francisco State University and S.F. City College and worked for the Mendocino County District Attorney’s Office. He now serves as Trinidad’s city attorney and handles a number of other clients, including the Shelter Cove Resort Improvement District and the California Teachers Association.
Hagen spoke of his track record in environmental prosecution with pride: “I did things nobody had done, went places nobody had gone, had successes nobody had tried.” He recalled a case against Lockheed Martin for hazardous waste remediation violations. “I filed a very unique motion asserting that corporations have no Fifth Amendment rights under the Constitution,” he said. “They fought it and lost.”
In Hagen’s quest to become DA, some have pointed to his lack of experience prosecuting serious violent felonies. Hagen counters that the same criticism could have been leveled at Gallegos before he got the job. Besides, he said, the rules of criminal jury trials are always the same, as is the goal: Get out the truth. And there he feels confident. “I learned early on that if you’re going to be a prosecutor, you have to be fearless in the face of the enemy,” he said.
Regarding Gallegos, Hagen questioned his judgment and competence in the Cheri Lyn Moore and Palco cases, pointing out that in both, a judge ruled that he’d failed to meet minimum standards to justify a trial. “You can say whatever you want about courage and willingness to take on corporations,” Hagen said. “I’ve taken on Palco and beat them — criminally and civilly.” He also questioned (as did Jackson) Gallegos’ decision to arm his investigators with AR-15 assault rifles. “It boggles my mind why they need them,” he said.
While serving on the Arcata Planning Commission, Hagen helped to rework the city’s marijuana ordinance so officials can combat grow houses based on land use code violations. He suggested this approach can be used elsewhere — including at the county level — and added that, if weed is legalized in November, it will allow local jurisdictions even greater leeway to regulate the industry. The only appropriate role for the District Attorney in that process, Hagen said, is to ensure that language in each ordinance provides a clear path for enforcement.
In closing, Hagen argued that being in tune with community priorities — having your finger on the pulse of the jury pool — is key to success as a DA. “I think I fit the county well and could do a very good job as DA,” he said.
In any election, the incumbent is subject to criticism of his tenure, an analysis that can be particularly thankless for district attorneys since, as Gallegos has said, the courts rarely produce satisfied customers. “People can criticize me for everything in this job,” he said last week during an interview in the DA’s office library, on the fourth floor of the county courthouse. “That’s the way it works. There isn’t a decision I make that doesn’t get criticized by every participant — because to the defendant I’m being too harsh. To law enforcement victims, too soft. The defense attorney, too harsh.”
What’s important, he argued, is that under his administration violent crime has been reduced despite drastic cuts to the office budget. In debates and on his campaign Web site he has pointed to statistics showing the rate of violent crimes — including homicide, rape, robbery and aggravated assault — between 1999 and 2008, the most recent year for which the state Department of Justice has compiled statistics. In 2003, Gallegos’ first year in office, the rate dropped a whopping 23 percent. By 2008 it remained 12 percent lower than in Farmer’s final year.
The significance and interpretation of these stats have been questioned by Gallegos’ challengers who argue that, first of all, violent crime has actuallyrisen 13.5 percent since 2003’s big drop. More importantly, they say, the factors that influence crime rates are far too nebulous and complex to justify any one person claiming responsibility. But Gallegos, who was called a “lightweight” when he first ran for the office, stuck to his guns. “People didn’t think we could bring down crime. I tell you, and I’ve told everyone, we can.” The stats, he said, are “an indication that my office continues to work well with law enforcement, despite all this hyperbole out there to the contrary.”
Gallegos dismissed Jackson’s allegations of unlawful plea deals as patently false, saying the court maintains a system of checks and balances to ensure such deals are appropriate. Furthermore, he said, with about 10,000 cases coming through the office each year and only five courtrooms in which to try them, plea deals are not only a logistical necessity, they’re often the best way to reach a swift conviction. “This is what plea bargains are,” he said. “They’re a bargain for the state [and] they’re a bargain for the people.”
Over the course of the interview, Gallegos was asked if, in retrospect, he would have done anything differently in the Palco, Gundersen or Cheri Lyn Moore cases. Each time he paused to consider before saying no. The charges were justified, he said, even if the court found otherwise. “We often disagree with the rulings, but we respect them.”
Gallegos defended his marijuana prosecution guidelines, saying the debate has been polluted by falsehoods and red herrings. So-called “home invasions,” for example, are actually robberies conducted during illegal business transactions, he said. Grow house vandalism is also a separate crime, he argued, one that shouldn’t infringe on the rights of legitimate medical marijuana users.
When his opponents’ objections to AR-15s came up, Gallegos simply said, “Crazy.” He then popped out of his chair and said, “Come talk to Billy [Honsal, one of the DA investigators].” Swinging open the library door, Gallegos led the way through the office toward the investigation unit, arguing while he walked. “I’m elected here in the county, but I’m a state officer,” he said. By extension, his investigative unit has authority above that of local law enforcement. “These guys are the only law enforcement officers who have jurisdiction everywhere in Humboldt County,” he said. “They literally — they’re the top cops.”
Rounding a corner, a group of men came into view: DA investigators gathered inside Investigator Wayne Cox’s office, chatting and laughing while watching a video on the computer. When asked to justify their need for the AR-15s, the response was emphatic and unanimous. The unit has become more proactive under Gallegos and Chief Investigator Mike Hislop, Cox said. Several of the investigators recalled being shot at from long distances while in the field. The AR-15 may have a fierce reputation thanks to its association with the military, but the fact is, they said, it’s the perfect tool for the job. “It’s a superior weapon for our environment,” said Investigator James Dawson.
When the Gundersen case came up again, Gallegos said, “We’ll give you a show and tell.” He, Honsal and Cox then proceeded to wheel out a library cart weighed down with heavy weaponry — a partial take from the investigation of the former Blue Lake chief, who in addition to battering his wife had amassed a huge, illegal personal arsenal. Onto a table in the corner of the building they spread out the guns, covering its surface with Sig Sauer and Ruger handguns, AR-15s, a Heckler and Koch UMP submachine gun and more. The men took obvious delight in assembling this display, which was odd considering that just moments earlier they’d attested that their assault rifles were merely practical implements. They may well be, but there’s obviously more to the allure.
Afterward, Gallegos continued with a tour through the office, bantering playfully with staff and showing off new technological upgrades. If there’s any residual tension or bitterness here, it’s not visible to the untrained eye. Among his personnel, Gallegos seemed happy and relaxed. Campaigning, by comparison, is just a hassle. “It’s frustrating,” he said. “But at the same time, it’s just like a jury. You do your job, put in the evidence and let a jury decide.”
For more information on the candidates, visit their Web sites:
Allison Jackson: aj4da.com
Paul Hagen: www.hagenforda.com
Paul Gallegos: votepaul.org
***
Several questions come to mind -
1. When Gallegos' bio gets mentioned, no one mentions that he came out of an unaccredited law school, and that is something that matters to attorneys. They will tell you.
2. When did DA investigators get shot at? Wouldn't that have made the paper? Made it onto posts on this blog?