All I have to say is that, if there is to be a lawsuit, Cunningham is going after the wrong person/entity if he goes after Ferndale. One person could have stopped this madness, and had the responsibility to do so - the Humboldt County District Attorney, Paul Gallegos, who "personally investigated" the "crime," a street corner in Ferndale.
Ferndale council rejects Marsh's claim
Jessie Faulkner The Times-Standard
Article Launched: 06/21/2007 04:42:10 AM PDT
FERNDALE -- A former resident's $25,000 claim alleging the police chief violated his civil rights was unanimously rejected by the City Council, which opens the door for a lawsuit, the city's attorney said Tuesday.
Earlier this month, the council rejected the claim by Sean Marsh in a 4-0 vote during a closed session. Councilman Michael Moreland was not present. Marsh filed the claim in response to his arrest last year on charges of child endangerment. He was acquitted in February.
City Attorney David Martinek said Tuesday that state law allows a City Council to reject a claim or wait 45 days without action, at which point a claim is deemed rejected. If the claimant decides to pursue legal action, Martinek said, he or she has six months to file a lawsuit.
Martinek said he had not received notice from Marsh or Marsh's attorney that they plan to file a lawsuit.
The child endangerment charges -- stemming from allegations he let his 2-year-old son almost run into Main Street in May 2006 -- and resisting arrest.
The former owner of Village Baking and Catering in Ferndale was also accused of declining to provide written proof of identification to Ferndale Police Chief Lonnie Lawson.
Marsh's attorney, Dennis Cunningham of San Francisco, provided a copy of the claim. Repeated attempts to acquire a copy from the city of Ferndale were unsuccessful.
Lawson arrested Marsh and booked him into the Humboldt County Correctional Facility after the May 2006 incident, where he remained overnight on $50,000 bail. According to the claim, Marsh was released the following morning with the explanation that there was insufficient evidence to prosecute. Marsh was subsequently charged with child endangerment and resisting arrest.
The three-page claim identifies Lawson as the responsible official and states that Marsh suffered the public humiliation of being falsely arrested and the arrest made him miss a work-related assignment that ultimately led to loss of his job.
”At the hands of defendant Lawson,” the claim stated, “claimant Sean Marsh then suffered ongoing humiliation, harassment and expense when he was vindictively prosecuted on groundless charges, of which he was eventually acquitted; and the stigma of being accused on child endangerment persists.”
Showing posts with label Sean Marsh persecution. Show all posts
Showing posts with label Sean Marsh persecution. Show all posts
6.12.2007
ER - Motion filed to find acquitted child endangerment defendant factually innocent
Motion filed to find acquitted child endangerment defendant factually innocent
by Kara Machado, 6/12/2007
Humboldt County Deputy Public Defender Angela Fitzsimons was in court Tuesday on behalf of Sean Marsh.
Fitzsimons has filed a motion requesting a finding of factual innocence.
If granted, the motion would find Marsh “factually innocent” of the charges he was acquitted of in February following a jury trial.
In addition, if a judge found Marsh factually innocent, there could be a finding of good cause for the sealing and ultimate destruction of the records in his case.
On Tuesday, Fitzsimons’ motion was brought before Humboldt County Superior Court Judge Timothy Cissna.
Cissna made a tentative decision to deny the motion for such reasons as: Although the Humboldt County District Attorney’s Office did not prove to a jury that Marsh was guilty, the motion must show that he could determine factually, “100 percent,” that Marsh was innocent.
On Feb. 6, after a little less than half an hour, a jury found Marsh not guilty of misdemeanor child endangerment likely to produce great bodily harm or death and the resisting/obstructing/delaying of Ferndale Police Chief Lonnie Lawson in the performance of his duties.
The case against Marsh stemmed from a May 31, 2006, incident that occurred near the intersection of Main and Brown streets in Ferndale.
Cissna gave a bit of an overview of the case Tuesday: that Lawson testified he saw a young child — Marsh’s then 2-year-old son — and Marsh and that Marsh was “allowing his young child to step into the street at a relatively busy intersection.”
“(And) that could be found, by some people, to be child endangerment, child neglect,” Cissna said.
During Marsh’s trial, Lawson maintained Marsh was negligent in allegedly allowing his toddler to go 18 inches into the intersection at Main and Brown streets on May 31, 2006, and alleged that Marsh delayed his investigation into the incident when Marsh allegedly failed to comply with Lawson’s orders.
Marsh maintained his child only got to the curb of the intersection, that he did stop for Lawson and that he was open to Lawson’s questions until Lawson allegedly became “confrontational” with him.
Cissna allowed Fitzsimons more time to work on her motion and to have it filed no later than July 10.
The Humboldt County District Attorney’s Office — represented by Deputy DA Randy Mailman — must file its response by July 24, Cissna ordered.
Cissna scheduled a ruling on the motion for Aug. 2.
Fitzsimons declined to comment on the matter.
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
by Kara Machado, 6/12/2007
Humboldt County Deputy Public Defender Angela Fitzsimons was in court Tuesday on behalf of Sean Marsh.
Fitzsimons has filed a motion requesting a finding of factual innocence.
If granted, the motion would find Marsh “factually innocent” of the charges he was acquitted of in February following a jury trial.
In addition, if a judge found Marsh factually innocent, there could be a finding of good cause for the sealing and ultimate destruction of the records in his case.
On Tuesday, Fitzsimons’ motion was brought before Humboldt County Superior Court Judge Timothy Cissna.
Cissna made a tentative decision to deny the motion for such reasons as: Although the Humboldt County District Attorney’s Office did not prove to a jury that Marsh was guilty, the motion must show that he could determine factually, “100 percent,” that Marsh was innocent.
On Feb. 6, after a little less than half an hour, a jury found Marsh not guilty of misdemeanor child endangerment likely to produce great bodily harm or death and the resisting/obstructing/delaying of Ferndale Police Chief Lonnie Lawson in the performance of his duties.
The case against Marsh stemmed from a May 31, 2006, incident that occurred near the intersection of Main and Brown streets in Ferndale.
Cissna gave a bit of an overview of the case Tuesday: that Lawson testified he saw a young child — Marsh’s then 2-year-old son — and Marsh and that Marsh was “allowing his young child to step into the street at a relatively busy intersection.”
“(And) that could be found, by some people, to be child endangerment, child neglect,” Cissna said.
During Marsh’s trial, Lawson maintained Marsh was negligent in allegedly allowing his toddler to go 18 inches into the intersection at Main and Brown streets on May 31, 2006, and alleged that Marsh delayed his investigation into the incident when Marsh allegedly failed to comply with Lawson’s orders.
Marsh maintained his child only got to the curb of the intersection, that he did stop for Lawson and that he was open to Lawson’s questions until Lawson allegedly became “confrontational” with him.
Cissna allowed Fitzsimons more time to work on her motion and to have it filed no later than July 10.
The Humboldt County District Attorney’s Office — represented by Deputy DA Randy Mailman — must file its response by July 24, Cissna ordered.
Cissna scheduled a ruling on the motion for Aug. 2.
Fitzsimons declined to comment on the matter.
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
2.13.2007
TS - Complaint demands formal apology
Complaint demands formal apology
The Times-Standard Article Launched: 02/13/2007 04:13:40 AM PST
FERNDALE -- At least one resident believes the city owes Sean Marsh an apology, right away.
In an e-mail to the Times-Standard, resident Jere Bob Bowden reported Monday that he had filed a formal complaint with the city manager regarding Police Chief Lonnie Lawson's handling of the case surrounding former resident Sean Marsh.
Lawson arrested Marsh, a former Ferndale business owner, in May 2006 on charges of child endangerment and interfering with the duties of a police officer. The charges had to do with Marsh's 2-year-old son, who Lawson alleged was allowed to wander into Main Street.
Marsh was subsequently handcuffed and taken to Humboldt County Correctional Facility. He was acquitted of all charges last week.
Bowden, who attended last week's trial, defends Marsh and has a few choice words for the Victorian Village's top law enforcement officer.
”Mr. Marsh was acting responsibly as a parent and as a citizen,” Bowden said. “His child was not endangered, willfully or otherwise, and he was under no legal obligation to produce physical identification on demand. The chief misperceived a situation and reacted inappropriately. His unreasonable behavior displayed poor judgment, a misreading of the law, and an alarming lack of professional emotional restraint.”
Bowden, who said he planned to read his two-page letter at Monday's City Council meeting, further requested that his complaint be included in the chief's personnel file immediately.
Bowden also asked that both the city formally apologize to Marsh and that the City Council direct the police chief “to personally apologize in public and in writing to Mr. Marsh.”
Given that the threat of litigation may preclude the city from addressing the matter, Bowden promised to return following the resolution of any such litigation and again request full apologies to the Marsh family.
The Times-Standard Article Launched: 02/13/2007 04:13:40 AM PST
FERNDALE -- At least one resident believes the city owes Sean Marsh an apology, right away.
In an e-mail to the Times-Standard, resident Jere Bob Bowden reported Monday that he had filed a formal complaint with the city manager regarding Police Chief Lonnie Lawson's handling of the case surrounding former resident Sean Marsh.
Lawson arrested Marsh, a former Ferndale business owner, in May 2006 on charges of child endangerment and interfering with the duties of a police officer. The charges had to do with Marsh's 2-year-old son, who Lawson alleged was allowed to wander into Main Street.
Marsh was subsequently handcuffed and taken to Humboldt County Correctional Facility. He was acquitted of all charges last week.
Bowden, who attended last week's trial, defends Marsh and has a few choice words for the Victorian Village's top law enforcement officer.
”Mr. Marsh was acting responsibly as a parent and as a citizen,” Bowden said. “His child was not endangered, willfully or otherwise, and he was under no legal obligation to produce physical identification on demand. The chief misperceived a situation and reacted inappropriately. His unreasonable behavior displayed poor judgment, a misreading of the law, and an alarming lack of professional emotional restraint.”
Bowden, who said he planned to read his two-page letter at Monday's City Council meeting, further requested that his complaint be included in the chief's personnel file immediately.
Bowden also asked that both the city formally apologize to Marsh and that the City Council direct the police chief “to personally apologize in public and in writing to Mr. Marsh.”
Given that the threat of litigation may preclude the city from addressing the matter, Bowden promised to return following the resolution of any such litigation and again request full apologies to the Marsh family.
2.10.2007
FE - Sean Marsh NOT GUILTY - A cartoon, an editorial, an article and letters to the editor.
Includes a letter to the editor from Sean Marsh, setting the record straight, from his perspective.
From my perspective, it's not just that this case should never have gone to trial, it's that it went to trial when so many much more serious cases have not. When there has been little to no prosecution of REAL child abusers and molesters in the past year under Paul Gallegos (one as of last April, according to the statistics at the time). Yet he chooses to prosecute this man whose kid got a few feet ahead of him while walking down Main Street in the quiet town of Ferndale.
Many questions remain. Not the least of which is how this case came to be pulled out of the "Rejected cases" file and reactivated to the point that Gallegos himself participated in the investigation.
From the Ferndale Enterprise:
Editorial: Justice... but at what cost?
Incredulous.
That's the word to describe our reaction to the events that unfolded last week and the early part of this week at the Humboldt County Courthouse.
As we watched the trial of Sean Marsh, it was hard to believe that it was real and not some big joke, like many thought the arrest of Marsh was some eight months ago.
The prosecution was weak. No, strike that. The prosecution was embarrassing. Embarrassing to the rookie deputy district attorney who had no evidence and whose cross-examination of Marsh left Ferndalers in the audience shaking their heads.
Yes, the system worked. A jury, thank goodness, used some common sense and ruled in less than 20 minutes that Marsh did nothing wrong (perhaps even shorter than that if you take into consideration the time it takes to pick a foreperson and fill out the judgement forms.)
Who's to blame for this mess and the exorbitant amount of money spent on investigating, prosecuting, and defending Marsh? There's plenty to go around. Of course, Chief Lawson is to blame. But he's not alone. Former City Manager Michael Powers, now in King City, is also involved in this mess. Remember former Councilman Carlos Benneman and Mayor James Moore stating that it would be an "unmitigated disaster" if Powers left? Excuse us? We're still cleaning up the mess he left behind and now the city will most certainly face a lawsuit from Marsh.
As we've pondered why this case was picked up by the DA's office and prosecuted, we look back on those emails from the city manager to this paper. Many of his comments were "off the record." However, it was clear that the complaint filed against the chief by merchant Polly Stemwedel prompted the city manager to stand firmly behind the chief and push strongly for a Marsh conviction. Powers and his supporters boasted about his "fending off" a major lawsuit against the city. He never named the lawsuit publicly, but we can't help but wonder if it involved this case. Can you say backfire? Emails this week to Powers in King City were not answered.
As for Marsh, he'll survive. Worst injustices have occurred. But the damage is done. When future employers "google" his name, the words child endangerment will forever come up. His name has been not only in this paper but others, who we must say have hurt him even worse. (His name was in the Times Standard police blotter when he was arrested... we've yet to see a story about his acquittal.)
The Eureka Reporter massacred its story on Saturday on the Marsh trial. (See the Marsh letter on this page.) It irresponsibly and unfairly gave six paragraphs to a resident's phoned in opinion about the chief. Evelyn Harrison, who did not attend the trial and hear the testimony, is the mother of one-time city council candidate Rachel Harrison - a staunch police department cheerleader, no matter who is in charge. The ER's reporter was in town Friday for lunch at Curley's and was seen taking pictures with her cell phone of the "busy intersection" and Brown and Main. Why, we ask, didn't she do her job and interview a selection of residents instead of taking a phone call at her desk from a resident with a known bias?
It seems like a regular thing now for us to email the editor of that paper to point out mistakes in their coverage of Ferndale. Is it self serving to do so? You betcha. Journalists have a lousy reputation and unless responsible reporting is sought, we'll continue to be in the same column as prosecuting district attorneys are this week. Two days later, a small correction, buried on the bottom of the second page was run. Four days later, after we hounded them again, another correction, excuse me, "clarification," was run. (Coincidentally, Marsh outside of court Tuesday was explaining to the ER reporter the mistakes in her story, and how they could have affected his case, while owner Rob Arkley, a juror in an adjacent courtroom, chatted on his cell phone during a break. Too bad he didn't hear about yet another Ferndale story inaccurately reported.)
Can we as a city move on from this story? Eventually. Now, the city council will have to decide what to do with Marsh's formal complaint. And outside investigation, done after Stemwedels's complaint, has already been completed by the Fortuna Police Department into the chief's actions. It found nothing wrong with the chief's actions.
Marsh, however, deserves a public apology - from the chief, the city and the DA. Many argue he deserves a year's worth of lost wages. (He was let go fro mhis job after being a "no show" at a bank training seminar he was to lead, scheduled at 8 am the morning after his night in jail.)
Life does go on, but this soty is not over.
The system worked, as the DA's office likes to point out. But we ask... at what cost?
###
Marsh acquitted
Jury finds former Main Street business owner Sean Marsh not guilty of child endangerment or interfering with duties of police officer
Feb. 8, 2007
It took a jury of six men and six women less than 20 minutes Tuesday morning to return to Courtroom Seven at the Humboldt County Courthouse and acquit former main Street business owner Sean Marsh, 38, on charges of child endangerment and interfering with the duties of a police officer.
Eight months after he was arrested on a Wednesday afternoon in Ferndale, while shopping with his eight-month pregnant wife, the former Village baking and catering owner hugged friends outside the courtroom moments after hearing the not guilty judgements.
Ferndale Police Chief Lonnie Lawson, who arrested and charged Marsh, did not wait for the verdict after testifying again on Tuesday.
Several Ferndalers, not necessarily close with the couple, traveled to Eureka to listen to the final day of testimony in a trial that lasted over a week. Some said, after reading news reports, they wanted to see first hand what was going on.
Marsh was charged with child endangerment - likely to produce great bodily harm or death - for allegedly allowing his two-year old son Everett to step off a curb 18 inches into the crosswalk at Main and Brown. He was arrested by Lawson who said he saw the child "running full speed: in front of Lentz Department store on the sidewalk. Marsh could have faced two years in jail. He has denied all along that his son was ever in any danger, and that he was right behind the youngster watching him carefully. He testified that the two had just smelled the flowers in front of the old Nilsen building and that he was on one knee, just getting up, when the chief, who was driving down Main, spotted the toddler.
Chief Lawson pulled into the intersection and parked his car at an angle to protect the child. Marsh, however, says the child was in fact shaken by Lawson's actions and that he was right behind his son to "scoop him up."
Both men differed in their testimony in court last week on what happened next. The chief claims Marsh "brushed him off" after admonishing him to keep a better watch on his child. Marsh testified that he raised his hand as to say, "I got it."
Lawson then pulled his car into a parking place near Lentz's, got out and approached Marsh. he claims Marsh was uncooperative and that he had to grab his shoulder. Marsh however, testified he was always cooperative and answered Lawson's questions.
He did not, however, produce written identification when asked by Lawson.
"I'm not required to by law," Marsh said after his acquittal Tuesday. "I gave the chief my name and birthdate."
That law was critical during judge Timothy Cissna's instructions to the jury Tuesday. He explained to the jury that one is not required to produce written identification when approached on the street by an officer.
Lawson took the stand twice in the course of the trial and had only one witness. Kevin Hamilton, owner of the Wild Blackberry Cafe, testified that he too saw the child on the sidewalk when he was driving down Main Street and exercised caution while making a U-turn.
Lawson took the stand for a second time Tuesday morning for last-minute questioning by prosecutor Jose Mendez, who attempted to prove that Lawson was not "angry" that day, as several witnesses to the arrest testified, but rather in "a very good mood."
Lawson said he had just received word that someone had donated $3,000 to the police department to purchase new body armor. He was on his way to tell former City Manager Michael Powers the news when he noticed the toddler running down the sidewalk.
Lentz's owner Polly Stemwedel filed a complaint with the city several weeks after the arrest, stating that she saw the chief during the arrest and was shocked by the angry look on his face.
On Tuesday, prosecutor Mendez discredited Stemwedel's testimony by stating that she had admitted to having a "prior beef" with the chief and often "complained to her husband" about him. He asked Lawson on the stand "if during the whole process, did he notice Mrs. Stemwedel?"
"I never saw her." replied Lawson.
"Did you make eye contact with her?" asked Mendez.
"I might have, but I don't recall seeing her there. I can't say one way or another."
During his closing arguments, Mendez repeated a theme of, "What's a police officer supposed to do?" He also called the defense a "Blame Chief Lawson defense."
"What would you do if you saw a kid on the sidewalk...walking to an intersection?" he asked jurors. "We pay money to them to investigate, put their noses in there, make sure things are okay. It would have been almost a dereliction of duties if he hadn't."
Mendez then stated that Lawson "put a hand" on Marsh's shoulder "to get him to stop." Marsh however testified that at no time did he not stop for Lawson.
"He became confrontational on certain levels." continued Mendez, describing Marsh's attitude. Witnesses on the defense side, however, such as Marilyn Benneman, Abraxas Shoe Store owner Brett Boynton, and real estate agent Jake Drake, all testified that Marsh just stood there and was not saying a word.
"Everyone else saw things after the major crux of the case," argued Mendez. "They saw someone being arrested. He has the right to ask for written identification."
Mendez continued describing a picture of Marsh attempting "to leave," although that allegation hadn't come up in previous testimony.
"I'm asking you to hold him accountable for his responsibilities," he concluded, referring to Marsh.
Public Defender Angela Fitzsimmons quickly summed up her closing arguments.
"Mr. Marsh was arrested not because he was engaged in any criminal conduct, but because he flunked the attitude test." she stated.
Fitzsimmons described Marsh as a loving and attentive father, proving that by his own testimony detailing his trip up Main Street with his son.
"Not only was he watching, but interacting," she said
She noted that the prosecution's only witness testified that he never saw the toddler enter the street.
"The evidence shows the little boy reached the end of the curb," she said, "that's it."
By convicting Marsh, Fitzsimmons told the jury, the DA would be "setting a standard" for child endangerment that would "snare innocent parents."
"That standard is ludicrous," she said while describing everyday events that occur when parents are taking care of children. "I'm sure the DA has the resources to pursue the real endangerment cases, since this week those resources were used to pursue this case."
As far as Marsh not showing written identification, Fitzsimmons explained that the law allows you to "turn away.:
"It may be rude, but it's not illegal," she said. "Officer Lawson, however, didn't like that."
Fitzsimmons then said that Lawson shoed "little or no concern" for the child, noting that he ordered Marsh to hand the child to Jake Drake, who was inside the store helping Marsh's wife Allison, shop for shoes. Drake, upon seeing the arrest outside, thought the situation was a joke and when asked by Lawson if the toddler was her child, joked back by pinching Marsh's cheek and stating, "No, this is my child."
The defender noted that the chief never contacted Allison to check on the child, or made no effort to make sure the child was in the hands of a caretaker.
She also noted the speed of the whole incident.
"Did you notice, this was the fastest investigation in the world? It all happened in minutes. How possibly, using a professional method, can you investigate child endangerment in about five minutes? In 20 minutes he had completed his report."
Fitzsimmons then noticed those in the audience and those that had testified in Marsh's defense.
"These are respectable business owners," she said. "They make up the backbone of the Ferndale business community. These are not anarchists."
Finally Fitzsimmons questioned why the DA charged Marsh.
"Did he hear Mrs. Stemwedel filed a complaint? Did he think it would be heard in the press? We can only surmise that the complaint against Officer Lawson was the reason that this case was brought to trial."
After the jury was excused, several told The Enterprise that "there just wasn't enough proof" and that "anyone who has a child knows that they can run away from you."
"there wasn't much to it," said juror Kenneth Willhoite about the case.
While defense attorney Fitzsimmons kept her usual practice of not talking to the media, prosecutor Mendez stated in an email later to The Enterprise that "we believe in the jury system... and respect it."
"I am obviously evaluating the case to see what I think worked and what didn't, though this process may take days or weeks."
Marsh, visibly relieved to have the case behind him after eight months, reiterated that the chief misperceived the situation from the beginning.
As for not showing his identification, Marsh said he was "standing up for his rights."
He also said he has thought about the case every day for eight months and that the effects of his ordeal are long term.
"Every article has involved the words child endangerment," he said. "Fifty people during jury selection saw that I'm the guy arrested for child endangerment. It's absolutely the most ludicrous thing. My wife almost died giving birth to my son. Nothing could be further from the truth."
Marsh said he wants a public apology from the chief.
"He wronged our family and wronged the entire community."
Reached later, Lawson had no comment.
###
Letters to the editor:
Questions about the Marsh case
Dear Editor:
We, along with other residents of Ferndale, have followed with interest the proceedings involving Sean Marsh. We have appreciated the coverage that you have given this series of events. Several questions, however, have arisen in our minds.
1. How much has this prosecution, including the arrest and incarceration of the defendant and the investigation of the "scene of the crime" by the district attorney and his staff, the jury trial, the entire proceeding cost the taxpayers of Ferndale and Humboldt County, and more importantly, cost the accused?
2. More important questions arise:
--a. Why was the defendant arrested rather than cited?
--b. Why was he taken to jail and required to post $50,000 bail?
--c. Why did the district attorney's office decide to proceed with prosecution after reportedly rejecting the case ("pending more investigation:)?
We are privileged to live in Ferndale, a law-abiding, gentle and kind community. However, we are troubled than an event which could have been treated as a minor incident blossomed into what it has become.
Yours truly,
Patricia Hofstetter
Sally Tanner
Ferndale
Charged responds to reporting inaccuracies
(Ed.'s note: The following letter was submitted to the Eureka Reporter in response to several factual errors in an article published Saturday regarding the Sean Marsh case.)
Dear Editor:
The article submitted by Kara D. Machado on February 3, 2007 (Eureka Reporter) regarding the proceedings against Sean Marsh is inaccurate and contains elements more suited to the opinion page.
First, Machado asserts facts about Marsh's testimony that are false and libelous. Second, in an article purporting to be an accurate representation of facts involved in a trial, fully one third of the article is devoted to opinions from a person neither involved with the trial nor present at the proceedings. These opinions are misrepresentative of the issues being brought up at trial and are not indicative of the Ferndale community.
Machado's statement, "Marsh admitted he did not first stop for Lawson," is factually incorrect. The facts, as stated by Marsh in his testimony, are that Lawson did not order or request Marsh to stop. Rather, Lawson said, "You need to hold his hand (referring to Marsh's son)," Marsh acknowledged Lawson's statement by raising his hand, picked up his son, and turned around to walk back up the sidewalk. Shortly thereafter, Lawson pulled his cruiser to the curb, exited the vehicle and walked toward Marsh. Marsh having heard a door slam, turned to see Lawson behind him. Marsh stopped and turned to face Lawson. The encounter that followed is at the heart of this trial.
Not only did Marsh not "admit that he did not first stop for Lawson." but Marsh did in fact stop for Lawson as soon as it became apparent that the officer wanted to speak with him.
Machado's inaccurate statement is not a fair and true report of Marsh's testimony and fails to capture the substance of that testimony. Her reporting creates an inaccurate effect on the reader.
Furthermore, Machado did not arrive at the courtroom in time to hear Marsh's testimony. Having missed the bulk of the proceeding, Machado tried to get Marsh to speak with her "on the record" outside the courtroom. Marsh declined as instructed by his legal counsel.
Machado had an exchange with a member of the public defender's office where she defended her reputation for fair and accurate reporting. Having missed the actual testimony, it's curious how Machado acquired her version of the facts.
Depending on her source, Machado may be guilty of actual malice for her reckless disregard for the falsity of her statements.
Regarding the "opinion piece" encapsulated in Machado's report, this is a fine example fo irresponsible reporting. The opinions put forth by Evelyn Harrison are certainly not relevant to Marsh's testimony, and are not representative of the Ferndale community.
Harrison opines that the intersection of Brown and Main is 'hub' of Ferndale. really? This is simply a misrepresentation of fact. Brown is two blocks long. It has a "T" intersection with Main at one end, and the residential street of Craig on the other.
Brown is a wonderful street, but it snot utilized to get anywhere. In the Main Street business district, Brown in undeniably the least traveled street. the other streets intersecting Main within the business district, Ocean, Shaw and Washington each are used to access the outlying areas of Ferndale and other communities.
In fact, the only time Brown could be considered a "highly congested traffic area" is when there is a fire, because it is then utilized by all of the volunteer firemen and the fire department equipment. During such an event, the siren is blaring, and all are aware that the intersection will soon be active. Literally, at all other times, a dog could take a leisurely nap in the middle of Brown and scarcely be bothered. Just to drive this point home, Main at Brown is the single most common place in Ferndale for Main Street drivers to make a U-turn. This is a resounding indictment; that drivers would rather risk an illegal maneuver in the middle of Main than trouble themselves with turning down Brown. It just doesn't go anywhere.
Harrison next expounds on the virtues of Officer Lawson. She states that Lawson is and "outstanding citizen and a wonderfully caring man. He's not the hothead police officer he's been portrayed to be. He is a gentleman."
One can deduce that Harrison knows Lawson socially. How Lawson acts in his social circles, however is irrelevant to the trial at hand. Harrison was not present at the incident involved in this trial. I assume she doesn't ride with Lawson during his shifts as police officer either. So her assertion that Lawson is not a "hothead police officer" is not based on any relevant observation.
It reminds me of the statements we hear from people who live next door to serial killers. They always say, "I'm shocked, he was such a nice quiet man."
So rather than the unfounded musings of a misguided friend to Lawson, why didn't Machado report on the testimony of the five defense witnesses who observed Lawson's interaction with Marsh?
Independently, these five witnesses described Lawson as "yelling" at Marsh, "pointing his finger in his face." "clearly agitated," :out of control," "staring with eyes so full of anger and hatred." The witnesses also described Marsh as "calm," "quiet," "just standing there holding his son."
Lawson in his testimony, stated "I never get emotional," and later added "I never get angry." According to the witnesses, Lawson's statements are incorrect.
Just for fun, let's look at another statement Lawson gave during his testimony. Lawson stated that he originally saw Marsh 200 feet from his child who was about to run into the street.
In a time span that Lawson estimated at 2 or 3 seconds, he pulled his car into the intersection, looked up and Marsh was picking up his son. Marsh had somehow covered 200 feet in two or three seconds? The world record for the 100 yard dash without starting blocks was set by Frank Wykoff in 1930 in a time of 9.4 seconds. At that pace, Wykoff could have covered 200 feet in about 6.1 seconds.
Lawson's testimony has Marsh covering that same distance twice, if not three times, as fast as the world record pace. Either Lawson is again incorrect, or Marsh should be pursuing a career as an elite runner.
Finally, Harrison does make one statement of opinion that is relevant to this case. She states of Lawson, "I would trust him with my life and the lives of any of my family members," Well, that's good, because as a police officer of Ferndale, our entire community has trust in officer Lawson. The entire community trusts that Lawson will uphold the laws of our village, state and country. We further trust that Lawson will respect the constitution and protect the civil rights and liberties of every citizen in our community.
And this brings up the relevance to this case. Marsh also trusted Lawson. It appears from the testimony at trial, that Lawson violated that trust. According to the testimony, Lawson acted in an arbitrary and capricious manner when arresting Marsh. Lawson was not acting in a lawful course in his duties to detain Marsh, and had questionable constitutional authority to demand Marsh produce an identification document after Marsh had identified himself verbally.
Furthermore, there was testimony that Lawson twisted Marsh's handcuffs as a punitive measure. This technique was denounced by our current administration when it was discovered that twisting handcuffs of prisoners at Abu Ghraib had become a common form of torture.
Whether Marsh or Lawson are "gentlemen" is irrelevant to this case, and therefore should not be the subject of an article reporting on the testimony in the case.
The testimony is that Lawson perceived a situation incorrectly. Lawson then confronted Marsh in an aggressive and confrontational manner. Marsh attempted to walk away from the confrontation and Lawson detained Marsh without cause. Lawson ordered Marsh, a pedestrian, to produce identification documents. Marsh immediately identified himself verbally. Marsh asserted that Lawson's demand for physical documentation of identity constituted an illegal search.
Unable to admit his mistake in perceiving the situation, and unwilling to acquiesce that marsh had identified himself within the scope of the constitution, Lawson arrested Marsh.
Machado has served this community unjustly with her inaccurate and irresponsible article. She has defamed Sean Marsh by not verifying the truth or falsity of her reported "facts." Further, she has confused the public by publishing narrowly held opinions in an article representing itself as factual reporting. Please print an equally conspicuous retraction to the original article, or print this letter in response to the original article.
Sean and Allison Marsh
Eureka
From my perspective, it's not just that this case should never have gone to trial, it's that it went to trial when so many much more serious cases have not. When there has been little to no prosecution of REAL child abusers and molesters in the past year under Paul Gallegos (one as of last April, according to the statistics at the time). Yet he chooses to prosecute this man whose kid got a few feet ahead of him while walking down Main Street in the quiet town of Ferndale.
Many questions remain. Not the least of which is how this case came to be pulled out of the "Rejected cases" file and reactivated to the point that Gallegos himself participated in the investigation.
From the Ferndale Enterprise:
Editorial: Justice... but at what cost?
Incredulous.
That's the word to describe our reaction to the events that unfolded last week and the early part of this week at the Humboldt County Courthouse.
As we watched the trial of Sean Marsh, it was hard to believe that it was real and not some big joke, like many thought the arrest of Marsh was some eight months ago.
The prosecution was weak. No, strike that. The prosecution was embarrassing. Embarrassing to the rookie deputy district attorney who had no evidence and whose cross-examination of Marsh left Ferndalers in the audience shaking their heads.
Yes, the system worked. A jury, thank goodness, used some common sense and ruled in less than 20 minutes that Marsh did nothing wrong (perhaps even shorter than that if you take into consideration the time it takes to pick a foreperson and fill out the judgement forms.)
Who's to blame for this mess and the exorbitant amount of money spent on investigating, prosecuting, and defending Marsh? There's plenty to go around. Of course, Chief Lawson is to blame. But he's not alone. Former City Manager Michael Powers, now in King City, is also involved in this mess. Remember former Councilman Carlos Benneman and Mayor James Moore stating that it would be an "unmitigated disaster" if Powers left? Excuse us? We're still cleaning up the mess he left behind and now the city will most certainly face a lawsuit from Marsh.
As we've pondered why this case was picked up by the DA's office and prosecuted, we look back on those emails from the city manager to this paper. Many of his comments were "off the record." However, it was clear that the complaint filed against the chief by merchant Polly Stemwedel prompted the city manager to stand firmly behind the chief and push strongly for a Marsh conviction. Powers and his supporters boasted about his "fending off" a major lawsuit against the city. He never named the lawsuit publicly, but we can't help but wonder if it involved this case. Can you say backfire? Emails this week to Powers in King City were not answered.
As for Marsh, he'll survive. Worst injustices have occurred. But the damage is done. When future employers "google" his name, the words child endangerment will forever come up. His name has been not only in this paper but others, who we must say have hurt him even worse. (His name was in the Times Standard police blotter when he was arrested... we've yet to see a story about his acquittal.)
The Eureka Reporter massacred its story on Saturday on the Marsh trial. (See the Marsh letter on this page.) It irresponsibly and unfairly gave six paragraphs to a resident's phoned in opinion about the chief. Evelyn Harrison, who did not attend the trial and hear the testimony, is the mother of one-time city council candidate Rachel Harrison - a staunch police department cheerleader, no matter who is in charge. The ER's reporter was in town Friday for lunch at Curley's and was seen taking pictures with her cell phone of the "busy intersection" and Brown and Main. Why, we ask, didn't she do her job and interview a selection of residents instead of taking a phone call at her desk from a resident with a known bias?
It seems like a regular thing now for us to email the editor of that paper to point out mistakes in their coverage of Ferndale. Is it self serving to do so? You betcha. Journalists have a lousy reputation and unless responsible reporting is sought, we'll continue to be in the same column as prosecuting district attorneys are this week. Two days later, a small correction, buried on the bottom of the second page was run. Four days later, after we hounded them again, another correction, excuse me, "clarification," was run. (Coincidentally, Marsh outside of court Tuesday was explaining to the ER reporter the mistakes in her story, and how they could have affected his case, while owner Rob Arkley, a juror in an adjacent courtroom, chatted on his cell phone during a break. Too bad he didn't hear about yet another Ferndale story inaccurately reported.)
Can we as a city move on from this story? Eventually. Now, the city council will have to decide what to do with Marsh's formal complaint. And outside investigation, done after Stemwedels's complaint, has already been completed by the Fortuna Police Department into the chief's actions. It found nothing wrong with the chief's actions.
Marsh, however, deserves a public apology - from the chief, the city and the DA. Many argue he deserves a year's worth of lost wages. (He was let go fro mhis job after being a "no show" at a bank training seminar he was to lead, scheduled at 8 am the morning after his night in jail.)
Life does go on, but this soty is not over.
The system worked, as the DA's office likes to point out. But we ask... at what cost?
###
Marsh acquitted
Jury finds former Main Street business owner Sean Marsh not guilty of child endangerment or interfering with duties of police officer
Feb. 8, 2007
It took a jury of six men and six women less than 20 minutes Tuesday morning to return to Courtroom Seven at the Humboldt County Courthouse and acquit former main Street business owner Sean Marsh, 38, on charges of child endangerment and interfering with the duties of a police officer.
Eight months after he was arrested on a Wednesday afternoon in Ferndale, while shopping with his eight-month pregnant wife, the former Village baking and catering owner hugged friends outside the courtroom moments after hearing the not guilty judgements.
Ferndale Police Chief Lonnie Lawson, who arrested and charged Marsh, did not wait for the verdict after testifying again on Tuesday.
Several Ferndalers, not necessarily close with the couple, traveled to Eureka to listen to the final day of testimony in a trial that lasted over a week. Some said, after reading news reports, they wanted to see first hand what was going on.
Marsh was charged with child endangerment - likely to produce great bodily harm or death - for allegedly allowing his two-year old son Everett to step off a curb 18 inches into the crosswalk at Main and Brown. He was arrested by Lawson who said he saw the child "running full speed: in front of Lentz Department store on the sidewalk. Marsh could have faced two years in jail. He has denied all along that his son was ever in any danger, and that he was right behind the youngster watching him carefully. He testified that the two had just smelled the flowers in front of the old Nilsen building and that he was on one knee, just getting up, when the chief, who was driving down Main, spotted the toddler.
Chief Lawson pulled into the intersection and parked his car at an angle to protect the child. Marsh, however, says the child was in fact shaken by Lawson's actions and that he was right behind his son to "scoop him up."
Both men differed in their testimony in court last week on what happened next. The chief claims Marsh "brushed him off" after admonishing him to keep a better watch on his child. Marsh testified that he raised his hand as to say, "I got it."
Lawson then pulled his car into a parking place near Lentz's, got out and approached Marsh. he claims Marsh was uncooperative and that he had to grab his shoulder. Marsh however, testified he was always cooperative and answered Lawson's questions.
He did not, however, produce written identification when asked by Lawson.
"I'm not required to by law," Marsh said after his acquittal Tuesday. "I gave the chief my name and birthdate."
That law was critical during judge Timothy Cissna's instructions to the jury Tuesday. He explained to the jury that one is not required to produce written identification when approached on the street by an officer.
Lawson took the stand twice in the course of the trial and had only one witness. Kevin Hamilton, owner of the Wild Blackberry Cafe, testified that he too saw the child on the sidewalk when he was driving down Main Street and exercised caution while making a U-turn.
Lawson took the stand for a second time Tuesday morning for last-minute questioning by prosecutor Jose Mendez, who attempted to prove that Lawson was not "angry" that day, as several witnesses to the arrest testified, but rather in "a very good mood."
Lawson said he had just received word that someone had donated $3,000 to the police department to purchase new body armor. He was on his way to tell former City Manager Michael Powers the news when he noticed the toddler running down the sidewalk.
Lentz's owner Polly Stemwedel filed a complaint with the city several weeks after the arrest, stating that she saw the chief during the arrest and was shocked by the angry look on his face.
On Tuesday, prosecutor Mendez discredited Stemwedel's testimony by stating that she had admitted to having a "prior beef" with the chief and often "complained to her husband" about him. He asked Lawson on the stand "if during the whole process, did he notice Mrs. Stemwedel?"
"I never saw her." replied Lawson.
"Did you make eye contact with her?" asked Mendez.
"I might have, but I don't recall seeing her there. I can't say one way or another."
During his closing arguments, Mendez repeated a theme of, "What's a police officer supposed to do?" He also called the defense a "Blame Chief Lawson defense."
"What would you do if you saw a kid on the sidewalk...walking to an intersection?" he asked jurors. "We pay money to them to investigate, put their noses in there, make sure things are okay. It would have been almost a dereliction of duties if he hadn't."
Mendez then stated that Lawson "put a hand" on Marsh's shoulder "to get him to stop." Marsh however testified that at no time did he not stop for Lawson.
"He became confrontational on certain levels." continued Mendez, describing Marsh's attitude. Witnesses on the defense side, however, such as Marilyn Benneman, Abraxas Shoe Store owner Brett Boynton, and real estate agent Jake Drake, all testified that Marsh just stood there and was not saying a word.
"Everyone else saw things after the major crux of the case," argued Mendez. "They saw someone being arrested. He has the right to ask for written identification."
Mendez continued describing a picture of Marsh attempting "to leave," although that allegation hadn't come up in previous testimony.
"I'm asking you to hold him accountable for his responsibilities," he concluded, referring to Marsh.
Public Defender Angela Fitzsimmons quickly summed up her closing arguments.
"Mr. Marsh was arrested not because he was engaged in any criminal conduct, but because he flunked the attitude test." she stated.
Fitzsimmons described Marsh as a loving and attentive father, proving that by his own testimony detailing his trip up Main Street with his son.
"Not only was he watching, but interacting," she said
She noted that the prosecution's only witness testified that he never saw the toddler enter the street.
"The evidence shows the little boy reached the end of the curb," she said, "that's it."
By convicting Marsh, Fitzsimmons told the jury, the DA would be "setting a standard" for child endangerment that would "snare innocent parents."
"That standard is ludicrous," she said while describing everyday events that occur when parents are taking care of children. "I'm sure the DA has the resources to pursue the real endangerment cases, since this week those resources were used to pursue this case."
As far as Marsh not showing written identification, Fitzsimmons explained that the law allows you to "turn away.:
"It may be rude, but it's not illegal," she said. "Officer Lawson, however, didn't like that."
Fitzsimmons then said that Lawson shoed "little or no concern" for the child, noting that he ordered Marsh to hand the child to Jake Drake, who was inside the store helping Marsh's wife Allison, shop for shoes. Drake, upon seeing the arrest outside, thought the situation was a joke and when asked by Lawson if the toddler was her child, joked back by pinching Marsh's cheek and stating, "No, this is my child."
The defender noted that the chief never contacted Allison to check on the child, or made no effort to make sure the child was in the hands of a caretaker.
She also noted the speed of the whole incident.
"Did you notice, this was the fastest investigation in the world? It all happened in minutes. How possibly, using a professional method, can you investigate child endangerment in about five minutes? In 20 minutes he had completed his report."
Fitzsimmons then noticed those in the audience and those that had testified in Marsh's defense.
"These are respectable business owners," she said. "They make up the backbone of the Ferndale business community. These are not anarchists."
Finally Fitzsimmons questioned why the DA charged Marsh.
"Did he hear Mrs. Stemwedel filed a complaint? Did he think it would be heard in the press? We can only surmise that the complaint against Officer Lawson was the reason that this case was brought to trial."
After the jury was excused, several told The Enterprise that "there just wasn't enough proof" and that "anyone who has a child knows that they can run away from you."
"there wasn't much to it," said juror Kenneth Willhoite about the case.
While defense attorney Fitzsimmons kept her usual practice of not talking to the media, prosecutor Mendez stated in an email later to The Enterprise that "we believe in the jury system... and respect it."
"I am obviously evaluating the case to see what I think worked and what didn't, though this process may take days or weeks."
Marsh, visibly relieved to have the case behind him after eight months, reiterated that the chief misperceived the situation from the beginning.
As for not showing his identification, Marsh said he was "standing up for his rights."
He also said he has thought about the case every day for eight months and that the effects of his ordeal are long term.
"Every article has involved the words child endangerment," he said. "Fifty people during jury selection saw that I'm the guy arrested for child endangerment. It's absolutely the most ludicrous thing. My wife almost died giving birth to my son. Nothing could be further from the truth."
Marsh said he wants a public apology from the chief.
"He wronged our family and wronged the entire community."
Reached later, Lawson had no comment.
###
Letters to the editor:
Questions about the Marsh case
Dear Editor:
We, along with other residents of Ferndale, have followed with interest the proceedings involving Sean Marsh. We have appreciated the coverage that you have given this series of events. Several questions, however, have arisen in our minds.
1. How much has this prosecution, including the arrest and incarceration of the defendant and the investigation of the "scene of the crime" by the district attorney and his staff, the jury trial, the entire proceeding cost the taxpayers of Ferndale and Humboldt County, and more importantly, cost the accused?
2. More important questions arise:
--a. Why was the defendant arrested rather than cited?
--b. Why was he taken to jail and required to post $50,000 bail?
--c. Why did the district attorney's office decide to proceed with prosecution after reportedly rejecting the case ("pending more investigation:)?
We are privileged to live in Ferndale, a law-abiding, gentle and kind community. However, we are troubled than an event which could have been treated as a minor incident blossomed into what it has become.
Yours truly,
Patricia Hofstetter
Sally Tanner
Ferndale
Charged responds to reporting inaccuracies
(Ed.'s note: The following letter was submitted to the Eureka Reporter in response to several factual errors in an article published Saturday regarding the Sean Marsh case.)
Dear Editor:
The article submitted by Kara D. Machado on February 3, 2007 (Eureka Reporter) regarding the proceedings against Sean Marsh is inaccurate and contains elements more suited to the opinion page.
First, Machado asserts facts about Marsh's testimony that are false and libelous. Second, in an article purporting to be an accurate representation of facts involved in a trial, fully one third of the article is devoted to opinions from a person neither involved with the trial nor present at the proceedings. These opinions are misrepresentative of the issues being brought up at trial and are not indicative of the Ferndale community.
Machado's statement, "Marsh admitted he did not first stop for Lawson," is factually incorrect. The facts, as stated by Marsh in his testimony, are that Lawson did not order or request Marsh to stop. Rather, Lawson said, "You need to hold his hand (referring to Marsh's son)," Marsh acknowledged Lawson's statement by raising his hand, picked up his son, and turned around to walk back up the sidewalk. Shortly thereafter, Lawson pulled his cruiser to the curb, exited the vehicle and walked toward Marsh. Marsh having heard a door slam, turned to see Lawson behind him. Marsh stopped and turned to face Lawson. The encounter that followed is at the heart of this trial.
Not only did Marsh not "admit that he did not first stop for Lawson." but Marsh did in fact stop for Lawson as soon as it became apparent that the officer wanted to speak with him.
Machado's inaccurate statement is not a fair and true report of Marsh's testimony and fails to capture the substance of that testimony. Her reporting creates an inaccurate effect on the reader.
Furthermore, Machado did not arrive at the courtroom in time to hear Marsh's testimony. Having missed the bulk of the proceeding, Machado tried to get Marsh to speak with her "on the record" outside the courtroom. Marsh declined as instructed by his legal counsel.
Machado had an exchange with a member of the public defender's office where she defended her reputation for fair and accurate reporting. Having missed the actual testimony, it's curious how Machado acquired her version of the facts.
Depending on her source, Machado may be guilty of actual malice for her reckless disregard for the falsity of her statements.
Regarding the "opinion piece" encapsulated in Machado's report, this is a fine example fo irresponsible reporting. The opinions put forth by Evelyn Harrison are certainly not relevant to Marsh's testimony, and are not representative of the Ferndale community.
Harrison opines that the intersection of Brown and Main is 'hub' of Ferndale. really? This is simply a misrepresentation of fact. Brown is two blocks long. It has a "T" intersection with Main at one end, and the residential street of Craig on the other.
Brown is a wonderful street, but it snot utilized to get anywhere. In the Main Street business district, Brown in undeniably the least traveled street. the other streets intersecting Main within the business district, Ocean, Shaw and Washington each are used to access the outlying areas of Ferndale and other communities.
In fact, the only time Brown could be considered a "highly congested traffic area" is when there is a fire, because it is then utilized by all of the volunteer firemen and the fire department equipment. During such an event, the siren is blaring, and all are aware that the intersection will soon be active. Literally, at all other times, a dog could take a leisurely nap in the middle of Brown and scarcely be bothered. Just to drive this point home, Main at Brown is the single most common place in Ferndale for Main Street drivers to make a U-turn. This is a resounding indictment; that drivers would rather risk an illegal maneuver in the middle of Main than trouble themselves with turning down Brown. It just doesn't go anywhere.
Harrison next expounds on the virtues of Officer Lawson. She states that Lawson is and "outstanding citizen and a wonderfully caring man. He's not the hothead police officer he's been portrayed to be. He is a gentleman."
One can deduce that Harrison knows Lawson socially. How Lawson acts in his social circles, however is irrelevant to the trial at hand. Harrison was not present at the incident involved in this trial. I assume she doesn't ride with Lawson during his shifts as police officer either. So her assertion that Lawson is not a "hothead police officer" is not based on any relevant observation.
It reminds me of the statements we hear from people who live next door to serial killers. They always say, "I'm shocked, he was such a nice quiet man."
So rather than the unfounded musings of a misguided friend to Lawson, why didn't Machado report on the testimony of the five defense witnesses who observed Lawson's interaction with Marsh?
Independently, these five witnesses described Lawson as "yelling" at Marsh, "pointing his finger in his face." "clearly agitated," :out of control," "staring with eyes so full of anger and hatred." The witnesses also described Marsh as "calm," "quiet," "just standing there holding his son."
Lawson in his testimony, stated "I never get emotional," and later added "I never get angry." According to the witnesses, Lawson's statements are incorrect.
Just for fun, let's look at another statement Lawson gave during his testimony. Lawson stated that he originally saw Marsh 200 feet from his child who was about to run into the street.
In a time span that Lawson estimated at 2 or 3 seconds, he pulled his car into the intersection, looked up and Marsh was picking up his son. Marsh had somehow covered 200 feet in two or three seconds? The world record for the 100 yard dash without starting blocks was set by Frank Wykoff in 1930 in a time of 9.4 seconds. At that pace, Wykoff could have covered 200 feet in about 6.1 seconds.
Lawson's testimony has Marsh covering that same distance twice, if not three times, as fast as the world record pace. Either Lawson is again incorrect, or Marsh should be pursuing a career as an elite runner.
Finally, Harrison does make one statement of opinion that is relevant to this case. She states of Lawson, "I would trust him with my life and the lives of any of my family members," Well, that's good, because as a police officer of Ferndale, our entire community has trust in officer Lawson. The entire community trusts that Lawson will uphold the laws of our village, state and country. We further trust that Lawson will respect the constitution and protect the civil rights and liberties of every citizen in our community.
And this brings up the relevance to this case. Marsh also trusted Lawson. It appears from the testimony at trial, that Lawson violated that trust. According to the testimony, Lawson acted in an arbitrary and capricious manner when arresting Marsh. Lawson was not acting in a lawful course in his duties to detain Marsh, and had questionable constitutional authority to demand Marsh produce an identification document after Marsh had identified himself verbally.
Furthermore, there was testimony that Lawson twisted Marsh's handcuffs as a punitive measure. This technique was denounced by our current administration when it was discovered that twisting handcuffs of prisoners at Abu Ghraib had become a common form of torture.
Whether Marsh or Lawson are "gentlemen" is irrelevant to this case, and therefore should not be the subject of an article reporting on the testimony in the case.
The testimony is that Lawson perceived a situation incorrectly. Lawson then confronted Marsh in an aggressive and confrontational manner. Marsh attempted to walk away from the confrontation and Lawson detained Marsh without cause. Lawson ordered Marsh, a pedestrian, to produce identification documents. Marsh immediately identified himself verbally. Marsh asserted that Lawson's demand for physical documentation of identity constituted an illegal search.
Unable to admit his mistake in perceiving the situation, and unwilling to acquiesce that marsh had identified himself within the scope of the constitution, Lawson arrested Marsh.
Machado has served this community unjustly with her inaccurate and irresponsible article. She has defamed Sean Marsh by not verifying the truth or falsity of her reported "facts." Further, she has confused the public by publishing narrowly held opinions in an article representing itself as factual reporting. Please print an equally conspicuous retraction to the original article, or print this letter in response to the original article.
Sean and Allison Marsh
Eureka
2.07.2007
ER - Sean Marsh not guilty on all counts, jury decides Tuesday
Sean Marsh not guilty on all counts, jury decides Tuesday
by Kara D. Machado, 2/7/2007
Sean Marsh hugged his wife Allison Marsh outside of Humboldt County Superior Court Judge Timothy Cissna’s courtroom Tuesday after a jury returned with not guilty verdicts on two counts and a lesser included charge — alleging Sean Marsh endangered the life of his 2-year-old son on March 31.
The not guilty verdicts were reached in a little less than half an hour of jury deliberation Tuesday.
After Tuesday’s court proceedings, Marsh said, “I’m happy that it’s over.”
Sean Marsh, 39, faced a maximum of two years in the Humboldt County Correctional Facility had he been convicted of the two counts the Humboldt County District Attorney’s Office charged him with, Deputy DA Jose Mendez has said: misdemeanor child endangerment likely to produce great bodily harm or death and the resisting/obstructing/delaying of Ferndale Police Chief Lonnie Lawson in the performance of his duties.
The case stemmed from an incident that occurred near the intersection of Main and Brown streets in Ferndale at about 3:30 p.m. on March 31, 2006, after Marsh and his son went outside Abraxas Shoes and Leather, located on Main Street, while Marsh’s wife shopped for shoes inside.
Lawson maintained Marsh was negligent in allegedly allowing his toddler to go 18 inches into the intersection at Main and Brown streets and alleged that Marsh delayed his investigation into the incident when Marsh allegedly failed to comply with Lawson’s orders.
Marsh maintained his child only got to the curb of the intersection, that he did stop for Lawson and that he was open to Lawson’s questions until Lawson allegedly became “confrontational” with him.
In her closing argument Tuesday, Humboldt County Public Defender Angela Fitzsimons, Marsh’s attorney, described the case against Marsh as not one of child endangerment nor one of delaying an officer in the performance of his duties.
Rather, Fitzsimons said, the case went to trial because Lawson thought Marsh “flunked the attitude test” because Lawson thought Marsh “brushed him off” when he attempted to make contact with him.
Fitzsimons — who described Marsh as a “loving, devoted dad” — told jurors there were several people who saw Marsh with his son on the sidewalk late afternoon March 31 and testimony revealed that Marsh was “diligently” watching his son.
Marsh “was not only watching his son, but interacting with him,” Fitzsimons said, “(and) exploring the world with him.”
Fitzsimons told jurors the child ran off at one point and, as Marsh was getting off of one knee — after looking at a store window display with his son — the child was, at most, 15 feet away from him.
However, Fitzsimons told jurors, “testimony shows the little boy stopped at the curb”; that Marsh had called out, “careful,” to his son as his son ran off; and that Marsh had scooped up his son by the time Lawson had gotten out of his patrol unit at the intersection.
And, Fitzsimons told jurors that it was not against the law when Marsh first walked away from Lawson and it was “good enough under the law” to verbally tell Lawson who he is rather than comply with Lawson’s demands for tangible identification.
During Mendez’s closing argument, he told jurors that Lawson stopped at the intersection of Main and Brown streets on March 31 because Lawson believed the Marsh toddler to be in danger.
Mendez told jurors if Lawson had not stopped and the child would have been seriously injured or killed, the case would have been an entirely different matter.
“What is a police officer supposed to do?” Mendez asked jurors more than once. “What would you do?
“What would a reasonable person do under these circumstances?”
With regard to the delaying an officer charge, Mendez told jurors Marsh was “rather dismissive” throughout the whole incident and that Lawson said he had to walk about 85 feet and put his hand on Marsh to get Marsh to stop for him.
After court proceedings Tuesday, Fitzsimons declined to comment on the verdict.
Mendez said he respects the jurors’ verdicts in the case.
“While we obviously wish the decision was otherwise, we respect their judgment in this matter,” Mendez said. “They sat through (the trial), heard testimony, went over the jury instructions and took time to evaluate (the case) and we’re confident the system worked.”
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
RELATED:
Ferndale Enterprise Sean Marsh NOT GUILTY - A cartoon, an editorial, an article and letters to the editor
ACQUITTED ER - Sean Marsh not guilty on all counts, jury decides Tuesday
Ferndale Enterprise - DA explains Marsh "child endangerment" prosecution
ER - Sean Marsh testifies on his own behalf in child endangerment trial
ER - Marsh denies letting 2-year-old toddler walk unattended in road
Word to the Wise:
Don't Cop an Attitude in Ferndale
by Kara D. Machado, 2/7/2007
Sean Marsh hugged his wife Allison Marsh outside of Humboldt County Superior Court Judge Timothy Cissna’s courtroom Tuesday after a jury returned with not guilty verdicts on two counts and a lesser included charge — alleging Sean Marsh endangered the life of his 2-year-old son on March 31.
The not guilty verdicts were reached in a little less than half an hour of jury deliberation Tuesday.
After Tuesday’s court proceedings, Marsh said, “I’m happy that it’s over.”
Sean Marsh, 39, faced a maximum of two years in the Humboldt County Correctional Facility had he been convicted of the two counts the Humboldt County District Attorney’s Office charged him with, Deputy DA Jose Mendez has said: misdemeanor child endangerment likely to produce great bodily harm or death and the resisting/obstructing/delaying of Ferndale Police Chief Lonnie Lawson in the performance of his duties.
The case stemmed from an incident that occurred near the intersection of Main and Brown streets in Ferndale at about 3:30 p.m. on March 31, 2006, after Marsh and his son went outside Abraxas Shoes and Leather, located on Main Street, while Marsh’s wife shopped for shoes inside.
Lawson maintained Marsh was negligent in allegedly allowing his toddler to go 18 inches into the intersection at Main and Brown streets and alleged that Marsh delayed his investigation into the incident when Marsh allegedly failed to comply with Lawson’s orders.
Marsh maintained his child only got to the curb of the intersection, that he did stop for Lawson and that he was open to Lawson’s questions until Lawson allegedly became “confrontational” with him.
In her closing argument Tuesday, Humboldt County Public Defender Angela Fitzsimons, Marsh’s attorney, described the case against Marsh as not one of child endangerment nor one of delaying an officer in the performance of his duties.
Rather, Fitzsimons said, the case went to trial because Lawson thought Marsh “flunked the attitude test” because Lawson thought Marsh “brushed him off” when he attempted to make contact with him.
Fitzsimons — who described Marsh as a “loving, devoted dad” — told jurors there were several people who saw Marsh with his son on the sidewalk late afternoon March 31 and testimony revealed that Marsh was “diligently” watching his son.
Marsh “was not only watching his son, but interacting with him,” Fitzsimons said, “(and) exploring the world with him.”
Fitzsimons told jurors the child ran off at one point and, as Marsh was getting off of one knee — after looking at a store window display with his son — the child was, at most, 15 feet away from him.
However, Fitzsimons told jurors, “testimony shows the little boy stopped at the curb”; that Marsh had called out, “careful,” to his son as his son ran off; and that Marsh had scooped up his son by the time Lawson had gotten out of his patrol unit at the intersection.
And, Fitzsimons told jurors that it was not against the law when Marsh first walked away from Lawson and it was “good enough under the law” to verbally tell Lawson who he is rather than comply with Lawson’s demands for tangible identification.
During Mendez’s closing argument, he told jurors that Lawson stopped at the intersection of Main and Brown streets on March 31 because Lawson believed the Marsh toddler to be in danger.
Mendez told jurors if Lawson had not stopped and the child would have been seriously injured or killed, the case would have been an entirely different matter.
“What is a police officer supposed to do?” Mendez asked jurors more than once. “What would you do?
“What would a reasonable person do under these circumstances?”
With regard to the delaying an officer charge, Mendez told jurors Marsh was “rather dismissive” throughout the whole incident and that Lawson said he had to walk about 85 feet and put his hand on Marsh to get Marsh to stop for him.
After court proceedings Tuesday, Fitzsimons declined to comment on the verdict.
Mendez said he respects the jurors’ verdicts in the case.
“While we obviously wish the decision was otherwise, we respect their judgment in this matter,” Mendez said. “They sat through (the trial), heard testimony, went over the jury instructions and took time to evaluate (the case) and we’re confident the system worked.”
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
RELATED:
Ferndale Enterprise Sean Marsh NOT GUILTY - A cartoon, an editorial, an article and letters to the editor
ACQUITTED ER - Sean Marsh not guilty on all counts, jury decides Tuesday
Ferndale Enterprise - DA explains Marsh "child endangerment" prosecution
ER - Sean Marsh testifies on his own behalf in child endangerment trial
ER - Marsh denies letting 2-year-old toddler walk unattended in road
Word to the Wise:
Don't Cop an Attitude in Ferndale
2.04.2007
ER - Marsh denies letting 2-year-old toddler walk unattended in road
Marsh denies letting 2-year-old toddler walk unattended in road
by Kara D. Machado, 2/2/2007
Ferndale Police Chief Lonnie Lawson alleges Sean Marsh failed to keep his toddler from danger when Marsh allegedly let his child walk off the curb of Main Street and 18 inches into the roadway at the intersection with Brown Street.
Marsh, however, has stated in media reports that he was calling his 2-year-old son Everett to come back to him — as Marsh walked about 15 feet behind the toddler — and that Everett got only as far as the curb of the intersection.
Thursday was Marsh’s second day of jury trial.
Marsh, 38, has been charged with two misdemeanor counts — child endangerment and delaying a peace officer in the performance of his duties — stemming from the incident, which occurred at about 3:30 p.m. on March 31, 2006, Humboldt County Deputy District Attorney Jose Mendez said.
If convicted, Mendez said Marsh could face a maximum of two years in the Humboldt County Correctional Facility.
Marsh has pleaded not guilty to both counts.
Lawson was the first witness on the stand Thursday, after whose testimony Mendez rested the prosecution’s case.
Following Lawson’s testimony, the defense called the first four of its witnesses: Polly Stemwedel, owner of Lentz Department Store in Ferndale; Marilyn Benemann, a book dealer; Brett Boynton, the manager of Abraxas Shoes and Leather; and Marsh’s wife, Allison Marsh — who held the couple’s 6-month-old daughter while she testified.
Marsh is being represented by Humboldt County Public Defender Angela Fitzsimons, who declined to comment on the case.
According to the police report, Mendez said, Lawson saw the Marsh toddler slightly going into the roadway at the intersection of Main and Brown streets, so he stopped his patrol unit. That is when Sean Marsh — who Lawson claims was out of the vicinity of the child’s presence — walked up, picked up the child and walked away.
When Lawson tried to investigate why the child was out in the street “without supervision,” he felt he couldn’t properly do so because Marsh continued to walk away despite Lawson’s attempts to contact him.
Marsh, Lawson claims, then became uncooperative when Marsh failed to submit his identification upon Lawson’s command.
In court Thursday, Mendez asked Lawson if — in all of Lawson’s 30 years of experience as an officer — he’s ever dealt with someone as uncooperative as Marsh. Lawson said he hadn’t.
“I can never remember anyone just brushing me off, just walking off,” Lawson said, “(without) some contact.”
Lawson testified that he did not see the Marsh child fall down or get injured before, during or after the incident.
The chief also testified that he does not get emotional — he will, however, “change his (tone of) voice” at times — and does not get angry, but frustrated, while dealing with people on the job.
Stemwedel testified that she was in her store, behind the counter near the door, when she heard a car racing up to the curb at about 3:30 p.m. on March 31.
Outside, Stemwedel said she saw that the first car was a police car and was followed by another unit.
Stemwedel said she then saw Marsh being handcuffed as he held his son.
Lawson, Stemwedel said, was about 3 feet away from her, looking at her with “such hatred” and anger that it scared her.
“I got the impression from him not to say anything,” Stemwedel said.
Stemwedel testified that she did not see what happened prior to the incident.
Sometime after the incident, Stemwedel said, she filed a complaint to the Ferndale City Council because she “totally felt (Lawson) overreacted and didn’t feel he should go on without being reprimanded” for his behavior.
Benemann testified that as she was walking back from the post office on Main Street March 31, she came upon Lawson, Marsh and Marsh’s toddler.
Benemann, who said she was on the same side of the street, testified that she heard Lawson tell Marsh in a “severe” voice, “Do you understand me?” before poking his finger into Marsh’s shoulder. And, at one point, Lawson told Marsh he was under arrest.
Marsh asked what he should do with his child, Benemann testified, and woman named Jake Drake took the child.
Boynton testified that Marsh’s then-eight-month-pregnant wife was shoe shopping at his store when Marsh and Everett went outside.
Boynton said he, himself, walked in and out of the store to chat with Marsh.
Marsh’s wife had worked at the shoe store previously, Boynton testified, and Boynton said he had known the couple both through having Marsh’s wife as a prior employee and as friends.
It was about a five- to 10-minute time frame, Boynton testified, from the time the Marshes entered the store to the time Sean Marsh was arrested.
“(Marsh) was definitely following his child” at the time of the incident, Boynton testified. “He was always consciously aware of what his child was doing, in my opinion.”
Boynton said he was inside the shoe store when the incident between Marsh and Lawson happened, but Boynton said he saw Marsh being handcuffed and described the scene as “chaotic.”
The day after Marsh was taken to jail, Boynton said he sought Lawson to discuss the incident.
Boynton found Lawson at Papa Joe’s restaurant having breakfast.
Boynton said he asked why the incident happened and that Lawson replied, “(Marsh’s) body language said ‘F you.’ What else was I supposed to do?”
Sarcastically, Boynton said back to Lawson, “I don’t know, arrest him?”
Allison Marsh testified that she didn’t know what was going on at the time her husband was being arrested until she heard the words “whose kid is this?”
She then went outside, picked up Everett and took him back into the shoe store because the toddler kept putting up his arms up, saying, “Dad? Dad?”
No one asked Allison Marsh if she was Everett’s mother, she testified.
Sean Marsh is scheduled to testify today in Humboldt County Superior Court Judge Timothy Cissna’s courtroom.
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
RELATED:
Ferndale Enterprise Sean Marsh NOT GUILTY - A cartoon, an editorial, an article and letters to the editor
ACQUITTED ER - Sean Marsh not guilty on all counts, jury decides Tuesday
Ferndale Enterprise - DA explains Marsh "child endangerment" prosecution
ER - Sean Marsh testifies on his own behalf in child endangerment trial
ER - Marsh denies letting 2-year-old toddler walk unattended in road
Word to the Wise:
Don't Cop an Attitude in Ferndale
by Kara D. Machado, 2/2/2007
Ferndale Police Chief Lonnie Lawson alleges Sean Marsh failed to keep his toddler from danger when Marsh allegedly let his child walk off the curb of Main Street and 18 inches into the roadway at the intersection with Brown Street.
Marsh, however, has stated in media reports that he was calling his 2-year-old son Everett to come back to him — as Marsh walked about 15 feet behind the toddler — and that Everett got only as far as the curb of the intersection.
Thursday was Marsh’s second day of jury trial.
Marsh, 38, has been charged with two misdemeanor counts — child endangerment and delaying a peace officer in the performance of his duties — stemming from the incident, which occurred at about 3:30 p.m. on March 31, 2006, Humboldt County Deputy District Attorney Jose Mendez said.
If convicted, Mendez said Marsh could face a maximum of two years in the Humboldt County Correctional Facility.
Marsh has pleaded not guilty to both counts.
Lawson was the first witness on the stand Thursday, after whose testimony Mendez rested the prosecution’s case.
Following Lawson’s testimony, the defense called the first four of its witnesses: Polly Stemwedel, owner of Lentz Department Store in Ferndale; Marilyn Benemann, a book dealer; Brett Boynton, the manager of Abraxas Shoes and Leather; and Marsh’s wife, Allison Marsh — who held the couple’s 6-month-old daughter while she testified.
Marsh is being represented by Humboldt County Public Defender Angela Fitzsimons, who declined to comment on the case.
According to the police report, Mendez said, Lawson saw the Marsh toddler slightly going into the roadway at the intersection of Main and Brown streets, so he stopped his patrol unit. That is when Sean Marsh — who Lawson claims was out of the vicinity of the child’s presence — walked up, picked up the child and walked away.
When Lawson tried to investigate why the child was out in the street “without supervision,” he felt he couldn’t properly do so because Marsh continued to walk away despite Lawson’s attempts to contact him.
Marsh, Lawson claims, then became uncooperative when Marsh failed to submit his identification upon Lawson’s command.
In court Thursday, Mendez asked Lawson if — in all of Lawson’s 30 years of experience as an officer — he’s ever dealt with someone as uncooperative as Marsh. Lawson said he hadn’t.
“I can never remember anyone just brushing me off, just walking off,” Lawson said, “(without) some contact.”
Lawson testified that he did not see the Marsh child fall down or get injured before, during or after the incident.
The chief also testified that he does not get emotional — he will, however, “change his (tone of) voice” at times — and does not get angry, but frustrated, while dealing with people on the job.
Stemwedel testified that she was in her store, behind the counter near the door, when she heard a car racing up to the curb at about 3:30 p.m. on March 31.
Outside, Stemwedel said she saw that the first car was a police car and was followed by another unit.
Stemwedel said she then saw Marsh being handcuffed as he held his son.
Lawson, Stemwedel said, was about 3 feet away from her, looking at her with “such hatred” and anger that it scared her.
“I got the impression from him not to say anything,” Stemwedel said.
Stemwedel testified that she did not see what happened prior to the incident.
Sometime after the incident, Stemwedel said, she filed a complaint to the Ferndale City Council because she “totally felt (Lawson) overreacted and didn’t feel he should go on without being reprimanded” for his behavior.
Benemann testified that as she was walking back from the post office on Main Street March 31, she came upon Lawson, Marsh and Marsh’s toddler.
Benemann, who said she was on the same side of the street, testified that she heard Lawson tell Marsh in a “severe” voice, “Do you understand me?” before poking his finger into Marsh’s shoulder. And, at one point, Lawson told Marsh he was under arrest.
Marsh asked what he should do with his child, Benemann testified, and woman named Jake Drake took the child.
Boynton testified that Marsh’s then-eight-month-pregnant wife was shoe shopping at his store when Marsh and Everett went outside.
Boynton said he, himself, walked in and out of the store to chat with Marsh.
Marsh’s wife had worked at the shoe store previously, Boynton testified, and Boynton said he had known the couple both through having Marsh’s wife as a prior employee and as friends.
It was about a five- to 10-minute time frame, Boynton testified, from the time the Marshes entered the store to the time Sean Marsh was arrested.
“(Marsh) was definitely following his child” at the time of the incident, Boynton testified. “He was always consciously aware of what his child was doing, in my opinion.”
Boynton said he was inside the shoe store when the incident between Marsh and Lawson happened, but Boynton said he saw Marsh being handcuffed and described the scene as “chaotic.”
The day after Marsh was taken to jail, Boynton said he sought Lawson to discuss the incident.
Boynton found Lawson at Papa Joe’s restaurant having breakfast.
Boynton said he asked why the incident happened and that Lawson replied, “(Marsh’s) body language said ‘F you.’ What else was I supposed to do?”
Sarcastically, Boynton said back to Lawson, “I don’t know, arrest him?”
Allison Marsh testified that she didn’t know what was going on at the time her husband was being arrested until she heard the words “whose kid is this?”
She then went outside, picked up Everett and took him back into the shoe store because the toddler kept putting up his arms up, saying, “Dad? Dad?”
No one asked Allison Marsh if she was Everett’s mother, she testified.
Sean Marsh is scheduled to testify today in Humboldt County Superior Court Judge Timothy Cissna’s courtroom.
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
RELATED:
Ferndale Enterprise Sean Marsh NOT GUILTY - A cartoon, an editorial, an article and letters to the editor
ACQUITTED ER - Sean Marsh not guilty on all counts, jury decides Tuesday
Ferndale Enterprise - DA explains Marsh "child endangerment" prosecution
ER - Sean Marsh testifies on his own behalf in child endangerment trial
ER - Marsh denies letting 2-year-old toddler walk unattended in road
Word to the Wise:
Don't Cop an Attitude in Ferndale
Ferndale Enterprise - DA explains Marsh "child endangerment" prosecution
Source: Eureka Reporter - Lives documented
The Ferndale Enterprise Quote of the Week: "This is not the crime of the century. I'll concede that entirely." Humboldt County DA Paul Gallegos on the Sean Marsh case.
Interesting statement given the facts revealed in the Enterprise's story. Why - did you know that Gallegos visited the scene of the crime - the corner where Sean Marsh's son stepped a foot off the curb? Seems like he's taking it very seriously indeed.
The rest of the story reveals a common pattern of behavior between this and other Gallegos coverups. The initial denial, then the admission, following a public records act demand - the talking about a case, and then saying ooops, he really shouldn't be talking and clamming up - the frustrated Deputy District Attorney who is never supposed to have to talk to the press because that is the DA's job copping a an attitude in an attempt to get them to go away.
What's more, it looks like a case that should never have gone to trial because of a "lack of evidence" was inexplicably resurrected and made a top priority by a DA whose priorities are so skewed it defies imagination.
DA explains Marsh "child endangerment" prosecution
subhead - Paul Gallegos paid a visit to Brown and Main for a first-hand look at intersection where toddler allegedly entered into crosswalk 18 inches.
"When is it appropriate? After the child is run over?"
That was the answer Tuesday afternoon from Humboldt County District Attorney Paul Gallegos after he was asked by The Enterprise if it was appropriate for his office to be prosecuting Sean Marsh.
Marsh, a former Main Street business owner, is on trial this week on two misdemeanor charges - child endangerment and interfering with the duties of a police officer. the former Village Baking & Catering owner allegedly allowed his toddler son to enter the crosswalk a distance of 18 inches at Brown and Main without supervision.
Ferndale Police Chief Lonnie Lawson, who happened to be in the area at the time Marsh's son allegedly headed into the crosswalk, pulled over to talk to Marsh after witnessing the alleged incident. Marsh, states the Chief in his report, was asked for his identification several times but refused to show his license. Instead, Marsh identified himself by name only.
Marsh has contended that his son was under his watchful eye the entire time he was visiting with fellow merchants on Main Street and did not enter the intersection, and in fact could have been hurt by the chief's action of pulling into the crosswalk.
The chief, apparently frustrated with Marsh's attitude, instructed him to turn over his young son to Ferndale Real Estate's Jake Drake, while he handcuffed Marsh after calling for backup, and put him in his patrol car. Drake has stated that she was a stranger to the chief and was concerned about him turning over the child. (Drake, along with several other Ferndalers, is scheduled to testify at the trial.)
Marsh's nine-months pregnant wife eventually emerged from inside Abraxas Shoes where she had been shopping to learn of her husband's situation.
Marsh was then taken to the Humboldt County Jail, where he spent the night on $50,000 bail. He was released in the morning. More than six weeks later the case was reopened and Marsh was arraigned.
Originally the DA's office told The Enterprise the case was "rejected" due to further investigation needed. However, Gallegos on Tuesday said, according to the file, a complaint request was received June 1 and filed on June 5.
"It was not originally rejected," he stated.
However further clarification with the criminal desk at the DA's office shows that a "statement of probable cause" from the FPD was filed on June 5 and not a complaint. "The case was declined on June 1 "due to further investigation needed." And it was not until July 18 that the case was reopened - after Main Street merchant Polly Stemwedel filed a complaint against the chief.
An investigation done by the Fortuna Police Department cleared the chief of any wrong doing.
Meanwhile the detention slip from the jail provided to The Enterprise states that Marsh was released from jail because "there was insufficient grounds for making a criminal complaint."
Marsh, the evening after his arrest, attended a Ferndale City Council meeting and asked for a public apology from the chief. The request was ignored.
Gallegos, meanwhile, said Tuesday that he and deputy Jose Mendez paid a lunchtime visit to the brown and main intersection three weeks ago to see exactly where the alleged incident took place.
"I think every attorney, if you're going to trial, should go and look at the site." said Gallegos, adding that it's the state's duty to enforce the laws.
"We have an obligation as parents to try and take reasonable steps to protect out children," he said. "When a parent fails to do that, the state has to step in and do that."
Gallegos commented on the fact that he has children as well and knows that "kids do run off."
"It certainly is a fine line," he said. "Is it the most egregious conduct in the world? No. But there is, quite frankly, not necessarily egregious conduct and we have to prosecute. Those are the laws. we then give it to a jury and let them decide what they think about it."
Gallegos denied any link between merchant Stemwedel's complaint against the chief and the reopening of the case.
Gallegos continued in a lengthy interview on the case, stating that while he "would not weigh in on the parent's intent," he didn't think that Marsh "lacked love or a desire to take care of the kid."
"The facts, however, as we understand, show that it wasn't the safest thing for the kid," said Gallegos.
Marsh's trial began on Monday in Judge Timothy Cissna's courtroom in Humboldt County Superior Court. Jury selection took up most of the morning on Tuesday and Deputy DA Mendez predicted the case would take up five mornings.
Several motions were filed by Mendez on Monday to apparently exclude the testimony of several witnesses.
The case file was unavailable for review and Mendez, when asked via email for clarification of the motions, stated, "I understand the desire to know everything about a case involving people in your community (especially for a reporter). However, I do not wish to subvert (or even be seen as attempting to subvert) the court process by putting this trial in a newspaper. At this point, the court file is a matter of public record and can be viewed by anyone who comes to the courthouse and makes the request. I also do not wish to go into why certain motions were made (or not) by one side or the other. As to plea offers, there is a certain amount of confidentiality that can be expected in negotiations. For the sake of all parties involved, I will not go into what was contemplated in negotiations by either side to resolve the case."
However, when Gallegos was asked by The Enterprise about the motions, he put the phone on hold and fetched the file.
Upon returning, he explained three motions had been filed with the first to exclude the testimony of Marilyn Benemann, the wife of former City Councilman Carlos Benemann, a witness to the event.
Gallegos then stopped reading the motions, stating he was not sure whether it was appropriate to be revealing the information in them.
"I'm not trying to conceal information from the public," he stated, "I'm just not sure what the court is going to do."
Gallegos, however was later asked by The Enterprise to make the motions public, per the California Public Records Act. Just before press time, Gallegos emailed The Enterprise and said Mendez would make the motions available. They were not available by press time.
Meanwhile in his earlier interview, the district attorney conceded that the Marsh case was "not the crime of the century."
"I'll concede that entirely," he said. "if the case should have been dismissed, we would have dismissed it. We always try to evaluate cases fairly...sometimes we're wrong."
Calls and emails, meanwhile to Marsh's public defender Angela Fitzsimmons were not returned.
###
In addition to the story, The Enterprise masterful cartoonist Jack Mays depicts a mock newspaper with an illustration of hte arrest and the banner headline "Gallegos gets tough on Toddler Wandering - Leash Law now applies to all Ferndale Children.
Mock front page stories "Crime running rampant in Humboldt County - children found in locked car - police discovered two children locked in a car at the Bayshore Mall. The temperature was 120 degrees... Toddlers exposed to toxic fumes at Eureka Meth Lab... Eureka Police shoot "fleeing juvenile"... a twelve year old juvenile was shot sixty four times by Eureka Police Officers. the victim was trying to climb the new fence surrounding the Balloon Track. The reasons for the shooting were unclear at press time. According to a spokesperson for the District Attorney's office there were no investigators available at this time, the entire staff is currently investigating the wandering juvenile case in Ferndale....Crime in Humboldt County cited as reason for Tourism decline... Irate business owners, city governments, tourism board and film commission are all up in arms over the County District Attorney's Office. The General Complaint is that Gallegos is pre-occupied with child wandering cases and he doesn't have time for felony cases.... Gallegos was quoted as saying "No child will be let behind, blah, blah, blah, blah.
Funny stuff.
RELATED:
Ferndale Enterprise Sean Marsh NOT GUILTY - A cartoon, an editorial, an article and letters to the editor
ACQUITTED ER - Sean Marsh not guilty on all counts, jury decides Tuesday
Ferndale Enterprise - DA explains Marsh "child endangerment" prosecution
ER - Sean Marsh testifies on his own behalf in child endangerment trial
ER - Marsh denies letting 2-year-old toddler walk unattended in road
Word to the Wise:
Don't Cop an Attitude in Ferndale
The Ferndale Enterprise Quote of the Week: "This is not the crime of the century. I'll concede that entirely." Humboldt County DA Paul Gallegos on the Sean Marsh case.
Interesting statement given the facts revealed in the Enterprise's story. Why - did you know that Gallegos visited the scene of the crime - the corner where Sean Marsh's son stepped a foot off the curb? Seems like he's taking it very seriously indeed.
The rest of the story reveals a common pattern of behavior between this and other Gallegos coverups. The initial denial, then the admission, following a public records act demand - the talking about a case, and then saying ooops, he really shouldn't be talking and clamming up - the frustrated Deputy District Attorney who is never supposed to have to talk to the press because that is the DA's job copping a an attitude in an attempt to get them to go away.
What's more, it looks like a case that should never have gone to trial because of a "lack of evidence" was inexplicably resurrected and made a top priority by a DA whose priorities are so skewed it defies imagination.
DA explains Marsh "child endangerment" prosecution
subhead - Paul Gallegos paid a visit to Brown and Main for a first-hand look at intersection where toddler allegedly entered into crosswalk 18 inches.
"When is it appropriate? After the child is run over?"
That was the answer Tuesday afternoon from Humboldt County District Attorney Paul Gallegos after he was asked by The Enterprise if it was appropriate for his office to be prosecuting Sean Marsh.
Marsh, a former Main Street business owner, is on trial this week on two misdemeanor charges - child endangerment and interfering with the duties of a police officer. the former Village Baking & Catering owner allegedly allowed his toddler son to enter the crosswalk a distance of 18 inches at Brown and Main without supervision.
Ferndale Police Chief Lonnie Lawson, who happened to be in the area at the time Marsh's son allegedly headed into the crosswalk, pulled over to talk to Marsh after witnessing the alleged incident. Marsh, states the Chief in his report, was asked for his identification several times but refused to show his license. Instead, Marsh identified himself by name only.
Marsh has contended that his son was under his watchful eye the entire time he was visiting with fellow merchants on Main Street and did not enter the intersection, and in fact could have been hurt by the chief's action of pulling into the crosswalk.
The chief, apparently frustrated with Marsh's attitude, instructed him to turn over his young son to Ferndale Real Estate's Jake Drake, while he handcuffed Marsh after calling for backup, and put him in his patrol car. Drake has stated that she was a stranger to the chief and was concerned about him turning over the child. (Drake, along with several other Ferndalers, is scheduled to testify at the trial.)
Marsh's nine-months pregnant wife eventually emerged from inside Abraxas Shoes where she had been shopping to learn of her husband's situation.
Marsh was then taken to the Humboldt County Jail, where he spent the night on $50,000 bail. He was released in the morning. More than six weeks later the case was reopened and Marsh was arraigned.
Originally the DA's office told The Enterprise the case was "rejected" due to further investigation needed. However, Gallegos on Tuesday said, according to the file, a complaint request was received June 1 and filed on June 5.
"It was not originally rejected," he stated.
However further clarification with the criminal desk at the DA's office shows that a "statement of probable cause" from the FPD was filed on June 5 and not a complaint. "The case was declined on June 1 "due to further investigation needed." And it was not until July 18 that the case was reopened - after Main Street merchant Polly Stemwedel filed a complaint against the chief.
An investigation done by the Fortuna Police Department cleared the chief of any wrong doing.
Meanwhile the detention slip from the jail provided to The Enterprise states that Marsh was released from jail because "there was insufficient grounds for making a criminal complaint."
Marsh, the evening after his arrest, attended a Ferndale City Council meeting and asked for a public apology from the chief. The request was ignored.
Gallegos, meanwhile, said Tuesday that he and deputy Jose Mendez paid a lunchtime visit to the brown and main intersection three weeks ago to see exactly where the alleged incident took place.
"I think every attorney, if you're going to trial, should go and look at the site." said Gallegos, adding that it's the state's duty to enforce the laws.
"We have an obligation as parents to try and take reasonable steps to protect out children," he said. "When a parent fails to do that, the state has to step in and do that."
Gallegos commented on the fact that he has children as well and knows that "kids do run off."
"It certainly is a fine line," he said. "Is it the most egregious conduct in the world? No. But there is, quite frankly, not necessarily egregious conduct and we have to prosecute. Those are the laws. we then give it to a jury and let them decide what they think about it."
Gallegos denied any link between merchant Stemwedel's complaint against the chief and the reopening of the case.
Gallegos continued in a lengthy interview on the case, stating that while he "would not weigh in on the parent's intent," he didn't think that Marsh "lacked love or a desire to take care of the kid."
"The facts, however, as we understand, show that it wasn't the safest thing for the kid," said Gallegos.
Marsh's trial began on Monday in Judge Timothy Cissna's courtroom in Humboldt County Superior Court. Jury selection took up most of the morning on Tuesday and Deputy DA Mendez predicted the case would take up five mornings.
Several motions were filed by Mendez on Monday to apparently exclude the testimony of several witnesses.
The case file was unavailable for review and Mendez, when asked via email for clarification of the motions, stated, "I understand the desire to know everything about a case involving people in your community (especially for a reporter). However, I do not wish to subvert (or even be seen as attempting to subvert) the court process by putting this trial in a newspaper. At this point, the court file is a matter of public record and can be viewed by anyone who comes to the courthouse and makes the request. I also do not wish to go into why certain motions were made (or not) by one side or the other. As to plea offers, there is a certain amount of confidentiality that can be expected in negotiations. For the sake of all parties involved, I will not go into what was contemplated in negotiations by either side to resolve the case."
However, when Gallegos was asked by The Enterprise about the motions, he put the phone on hold and fetched the file.
Upon returning, he explained three motions had been filed with the first to exclude the testimony of Marilyn Benemann, the wife of former City Councilman Carlos Benemann, a witness to the event.
Gallegos then stopped reading the motions, stating he was not sure whether it was appropriate to be revealing the information in them.
"I'm not trying to conceal information from the public," he stated, "I'm just not sure what the court is going to do."
Gallegos, however was later asked by The Enterprise to make the motions public, per the California Public Records Act. Just before press time, Gallegos emailed The Enterprise and said Mendez would make the motions available. They were not available by press time.
Meanwhile in his earlier interview, the district attorney conceded that the Marsh case was "not the crime of the century."
"I'll concede that entirely," he said. "if the case should have been dismissed, we would have dismissed it. We always try to evaluate cases fairly...sometimes we're wrong."
Calls and emails, meanwhile to Marsh's public defender Angela Fitzsimmons were not returned.
###
In addition to the story, The Enterprise masterful cartoonist Jack Mays depicts a mock newspaper with an illustration of hte arrest and the banner headline "Gallegos gets tough on Toddler Wandering - Leash Law now applies to all Ferndale Children.
Mock front page stories "Crime running rampant in Humboldt County - children found in locked car - police discovered two children locked in a car at the Bayshore Mall. The temperature was 120 degrees... Toddlers exposed to toxic fumes at Eureka Meth Lab... Eureka Police shoot "fleeing juvenile"... a twelve year old juvenile was shot sixty four times by Eureka Police Officers. the victim was trying to climb the new fence surrounding the Balloon Track. The reasons for the shooting were unclear at press time. According to a spokesperson for the District Attorney's office there were no investigators available at this time, the entire staff is currently investigating the wandering juvenile case in Ferndale....Crime in Humboldt County cited as reason for Tourism decline... Irate business owners, city governments, tourism board and film commission are all up in arms over the County District Attorney's Office. The General Complaint is that Gallegos is pre-occupied with child wandering cases and he doesn't have time for felony cases.... Gallegos was quoted as saying "No child will be let behind, blah, blah, blah, blah.
Funny stuff.
RELATED:
Ferndale Enterprise Sean Marsh NOT GUILTY - A cartoon, an editorial, an article and letters to the editor
ACQUITTED ER - Sean Marsh not guilty on all counts, jury decides Tuesday
Ferndale Enterprise - DA explains Marsh "child endangerment" prosecution
ER - Sean Marsh testifies on his own behalf in child endangerment trial
ER - Marsh denies letting 2-year-old toddler walk unattended in road
Word to the Wise:
Don't Cop an Attitude in Ferndale
2.03.2007
ER - Sean Marsh testifies
A sidewalk on Main Street in Ferndale that leads up to the intersection with Brown Street, the scene of the March 31, 2006, alleged child endangerment. Kara D. Machado/The Eureka Reporter
Sean Marsh testifies on his own behalf in child endangerment trial
by Kara D. Machado, 2/3/2007
Sean Marsh, 39, took the witness stand Friday, defending himself against a child endangerment charge regarding his 2-year-old son Everett.
The case stems from an incident that occurred near the intersection of Main and Brown streets in Ferndale at about 3:30 p.m. on March 31, 2006.
Ferndale Police Chief Lonnie Lawson alleges Marsh failed to keep his toddler safe from danger when Marsh allegedly let the child walk off the curb of Main Street and 18 inches into the intersection with Brown Street.
Marsh maintains that he and his toddler were playing outside while his wife, Allison, was shoe shopping at Abraxas Shoes and Leather, located on Main Street.
The child toddled about and the two walked by a nearby flower shop — no longer in business — where Marsh knelt down so he and Everett could look at the flowers.
Everett continued to toddle away at one point and Marsh called to him.
Marsh maintains Everett got only as far as the curb of the Main and Brown streets intersection when he caught up to his son and Lawson had pulled up in his patrol unit.
Marsh admitted he did not first stop for Lawson nor did he hand over his identification when ordered by Lawson to do so, but said he verbally told Lawson his name and date of birth.
The whole incident, from the time Everett walked to the curb to the point Marsh was arrested, lasted between two to four minutes, Marsh testified.
Marsh said he had no prior contact with Lawson before his arrest in March.
In addition to misdemeanor child endangerment, Marsh has been charged with the misdemeanor of delaying Lawson in the performance of his duties, Humboldt County Deputy District Attorney Jose Mendez said.
If convicted of the charges against him, Mendez said Marsh could face a maximum of two years in the Humboldt County Correctional Facility.
A few hours after court ended for the day Friday, Evelyn Harrison, 58, a resident of Ferndale, called The Eureka Reporter to talk about the intersection and defend Lawson’s character.
Harrison described the intersection as the hub of Ferndale, where, nearby, the fire department, a bank and — at the time of the incident — a feed store once generated a lot of traffic.
“It’s a highly congested traffic area going into Main Street there,” Harrison said. “We take care of a 9-year-old girl named Hannah and whenever we get about 25 yards from the intersection with Brown Street, I always say, ‘take my hand,’ because it gets really busy there.”
Of Lawson, Harrison described the Ferndale police chief as an “outstanding citizen and a wonderfully caring man.”
“We need to be thankful (in Ferndale) that we have such a wonderful overseer, I think,” Harrison said. “I would trust him with my life and the lives of any of my family members.
“He’s not the hothead police officer he’s been portrayed to be. He’s a gentleman.”
Marsh’s attorney, Humboldt County Public Defender Angela Fitzsimons, has adamantly refused to make comments to the press about the case. Fitzsimons has advised Marsh that he not talk to the press as well.
Thursday was Marsh’s third day of trial. On Monday, the bulk of the witnesses testified.
Marsh’s trial proceedings are not scheduled to resume until 8:30 a.m. Tuesday in order for another defense witness to take the stand.
Humboldt County Superior Court Judge Timothy Cissna estimated jurors could begin deliberating the case most likely Tuesday, if not Wednesday.
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
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Word to the Wise:
Don't Cop an Attitude in Ferndale