EVIDENCE CODE SECTION 350-356
350. No evidence is admissible except relevant evidence.
351. Except as otherwise provided by statute, all relevant evidence
is admissible.
351.1.
(a) Notwithstanding any other provision of law, the results of a polygraph examination, the opinion of a polygraph examiner, or any reference to an offer to take, failure to take, or taking of a polygraph examination, shall not be admitted into evidence in any criminal proceeding, including pretrial and post conviction motions and hearings, or in any trial or hearing of a juvenile for a criminal offense, whether heard in juvenile or adult court, unless all parties stipulate to the admission of such results.
(b) Nothing in this section is intended to exclude from evidence
statements made during a polygraph examination which are otherwise
admissible.
352. The court in its discretion may exclude evidence if its
probative value is substantially outweighed by the probability that
its admission will (a) necessitate undue consumption of time or (b)
create substantial danger of undue prejudice, of confusing the
issues, or of misleading the jury.
352.1. In any criminal proceeding under Section 261, 262, or 264.1,
subdivision (d) of Section 286, or subdivision (d) of Section 288a
of the Penal Code, or in any criminal proceeding under subdivision
(c) of Section 286 or subdivision (c) of Section 288a of the Penal
Code in which the defendant is alleged to have compelled the
participation of the victim by force, violence, duress, menace, or
threat of great bodily harm, the district attorney may, upon written
motion with notice to the defendant or the defendant's attorney, if
he or she is represented by an attorney, within a reasonable time
prior to any hearing, move to exclude from evidence the current
address and telephone number of any victim at the hearing.
The court may order that evidence of the victim's current address
and telephone number be excluded from any hearings conducted pursuant
to the criminal proceeding if the court finds that the probative
value of the evidence is outweighed by the creation of substantial
danger to the victim.
Nothing in this section shall abridge or limit the defendant's
right to discover or investigate the information.
353. A verdict or finding shall not be set aside, nor shall the
judgment or decision based thereon be reversed, by reason of the
erroneous admission of evidence unless:
(a) There appears of record an objection to or a motion to exclude
or to strike the evidence that was timely made and so stated as to
make clear the specific ground of the objection or motion; and
(b) The court which passes upon the effect of the error or errors
is of the opinion that the admitted evidence should have been
excluded on the ground stated and that the error or errors complained
of resulted in a miscarriage of justice.
354. A verdict or finding shall not be set aside, nor shall the
judgment or decision based thereon be reversed, by reason of the
erroneous exclusion of evidence unless the court which passes upon
the effect of the error or errors is of the opinion that the error or
errors complained of resulted in a miscarriage of justice and it
appears of record that:
(a) The substance, purpose, and relevance of the excluded evidence
was made known to the court by the questions asked, an offer of
proof, or by any other means;
(b) The rulings of the court made compliance with subdivision (a)
futile; or
(c) The evidence was sought by questions asked during
cross-examination or recross-examination.
355. When evidence is admissible as to one party or for one purpose
and is inadmissible as to another party or for another purpose, the
court upon request shall restrict the evidence to its proper scope
and instruct the jury accordingly.
356. Where part of an act, declaration, conversation, or writing is
given in evidence by one party, the whole on the same subject may be
inquired into by an adverse party; when a letter is read, the answer
may be given; and when a detached act, declaration, conversation, or
writing is given in evidence, any other act, declaration,
conversation, or writing which is necessary to make it understood may
also be given in evidence.
8.16.2007
TS - Kesser cuts deal in murder case
Kesser cuts deal in murder case
Chris Durant/The Times-Standard
Article Launched: 08/16/2007 04:27:16 AM PDT
A Fortuna man accused of hiring a hitman to kill his estranged wife in 1991 reached a plea agreement with the District Attorney's Office Wednesday that could require him to testify against his former girlfriend.
Richard Craig Kesser's retrial was scheduled to begin this week.
Under the agreement, Kesser is required to make a full statement and answer any questions regarding the death of his estranged wife, Mary Kesser. He will also have to take a polygraph test and testify “truthfully” in any trial related to her death.
If Kesser completes all of the conditions, he will be convicted of second-degree murder and sentenced to 15 years to life in prison. If he lies during questioning or commits perjury while testifying, Kesser will be convicted of first-degree murder and sentenced to 25 years to life.
The District Attorney's Office also agreed to drop the special circumstance count of murder for monetary gain, a move which makes Kesser eligible for parole. As part of the deal, Kesser waives his right to appeal his conviction.
Kesser may be called to testify in the trial of his one time codefendant and girlfriend, Jennifer Gayle Leahy.
Leahy and Kesser were granted retrials by the U.S. 9th Circuit Court of Appeals based on the actions of a former deputy district attorney. The appeals court found the former deputy district attorney rejected potential jurors “on the basis of their race, in violation of the Equal Protection Clause of the 14th Amendment.”
Kesser and Leahy allegedly hired Duane Chiara to kill Mary Kesser, reportedly for her life insurance money.
The young mother was killed in her N Street home in Fortuna on Nov. 26, 1991. She was stabbed multiple times with what is believed to be a machete-type weapon. Leahy is due in court Monday for a hearing.
Chiara has also been brought back to Humboldt County as a possible witness in the case.
”The parties have the power to call him,” said District Attorney Paul Gallegos, the prosecutor in Kesser's retrial.
If Kesser refuses to testify, make statements or take the polygraph, the plea agreement is off the table.
”That would be in violation of the agreement,” said Superior Court Judge Dale Reinholtsen.
Kesser, with slicked back hair and a short beard, quietly answered yes to all of Reinholtsen's questions.
After Wednesday's proceeding, Kesser shook hands with his attorney Glenn Brown and was escorted back to the jail.
Fortuna Police Chief Kris Kitna, who worked on the Kesser case in 1991, said he trusted the district attorney's judgment.
”As far as the Fortuna Police Department is concerned, we are essentially satisfied with this agreement,” he said.
If the plea agreement is accepted, which won't officially happen until Leahy's trial is completed, and Kesser complies with the orders of the agreement, he will also be convicted of a felony criminal threats charge, which is a strikeable offense.
”If he's ever paroled, he'll have two strikes against him,” Gallegos said.
If Kesser is convicted of the second-degree murder charge, he may be immediately eligible for a parole hearing because he's been in prison for 16 years. Gallegos said it is unlikely that Kesser will be paroled.
Gallegos also said Mary Kesser's family was made aware of the plea agreement and was part of the decision process.
”They have to know; it's their right,” Gallegos said. “And it's common decency.”
A deal for Leahy will not be discussed now, Gallegos said.
”We have to see what Mr. Kesser has to say,” he said.
Brown declined to comment on the plea agreement, citing Leahy's pending case.
Chris Durant/The Times-Standard
Article Launched: 08/16/2007 04:27:16 AM PDT
A Fortuna man accused of hiring a hitman to kill his estranged wife in 1991 reached a plea agreement with the District Attorney's Office Wednesday that could require him to testify against his former girlfriend.
Richard Craig Kesser's retrial was scheduled to begin this week.
Under the agreement, Kesser is required to make a full statement and answer any questions regarding the death of his estranged wife, Mary Kesser. He will also have to take a polygraph test and testify “truthfully” in any trial related to her death.
If Kesser completes all of the conditions, he will be convicted of second-degree murder and sentenced to 15 years to life in prison. If he lies during questioning or commits perjury while testifying, Kesser will be convicted of first-degree murder and sentenced to 25 years to life.
The District Attorney's Office also agreed to drop the special circumstance count of murder for monetary gain, a move which makes Kesser eligible for parole. As part of the deal, Kesser waives his right to appeal his conviction.
Kesser may be called to testify in the trial of his one time codefendant and girlfriend, Jennifer Gayle Leahy.
Leahy and Kesser were granted retrials by the U.S. 9th Circuit Court of Appeals based on the actions of a former deputy district attorney. The appeals court found the former deputy district attorney rejected potential jurors “on the basis of their race, in violation of the Equal Protection Clause of the 14th Amendment.”
Kesser and Leahy allegedly hired Duane Chiara to kill Mary Kesser, reportedly for her life insurance money.
The young mother was killed in her N Street home in Fortuna on Nov. 26, 1991. She was stabbed multiple times with what is believed to be a machete-type weapon. Leahy is due in court Monday for a hearing.
Chiara has also been brought back to Humboldt County as a possible witness in the case.
”The parties have the power to call him,” said District Attorney Paul Gallegos, the prosecutor in Kesser's retrial.
If Kesser refuses to testify, make statements or take the polygraph, the plea agreement is off the table.
”That would be in violation of the agreement,” said Superior Court Judge Dale Reinholtsen.
Kesser, with slicked back hair and a short beard, quietly answered yes to all of Reinholtsen's questions.
After Wednesday's proceeding, Kesser shook hands with his attorney Glenn Brown and was escorted back to the jail.
Fortuna Police Chief Kris Kitna, who worked on the Kesser case in 1991, said he trusted the district attorney's judgment.
”As far as the Fortuna Police Department is concerned, we are essentially satisfied with this agreement,” he said.
If the plea agreement is accepted, which won't officially happen until Leahy's trial is completed, and Kesser complies with the orders of the agreement, he will also be convicted of a felony criminal threats charge, which is a strikeable offense.
”If he's ever paroled, he'll have two strikes against him,” Gallegos said.
If Kesser is convicted of the second-degree murder charge, he may be immediately eligible for a parole hearing because he's been in prison for 16 years. Gallegos said it is unlikely that Kesser will be paroled.
Gallegos also said Mary Kesser's family was made aware of the plea agreement and was part of the decision process.
”They have to know; it's their right,” Gallegos said. “And it's common decency.”
A deal for Leahy will not be discussed now, Gallegos said.
”We have to see what Mr. Kesser has to say,” he said.
Brown declined to comment on the plea agreement, citing Leahy's pending case.
TS - Homicide retrial now looking to start Thursday
While the Eureka Reporter reports (DA says plea deal a possibility in murder retrial) that Gallegos is likely to cut a plea deal with the convicted murderer, Kesser, the Times Standard reports that the trial has been postponed:
Homicide retrial now looking to start Thursday
Chris Durant/The Times-Standard
Article Launched: 08/15/2007 04:15:47 AM PDT
The retrial of a man suspected of hiring a hitman to kill his estranged wife in 1991 has been postponed a few more days.
Humboldt County District Attorney Paul Gallegos said Tuesday that the homicide retrial of Richard Craig Kesser now looks like it will start Thursday.
Last week, Gallegos said he believed the trial would start Monday.
Kesser and his girlfriend, Jennifer Gayle Leahy, allegedly hired Duane Chiara to kill Mary Kesser, reportedly for her life insurance money.
The young mother was killed in her N Street home in Fortuna.
She was stabbed multiple times with what was believed to be a machete-type of blade.
Chiara was arrested a day later when he was found hiding in a closet. A sawed-off shotgun was found nearby. The other two defendants were arrested after a month.
Retrials were granted to Kesser and Leahy by the U.S. 9th Circuit Court of Appeals based on the actions of a former deputy district attorney. The court found he rejected potential jurors “on the basis of their race, in violation of the Equal Protection Clause of the 14th Amendment.”
It is unclear if Leahy and Kesser will be tried together.
Turns out, the next day, Gallegos does indeed cut a deal with Kesser, (Kesser cuts deal in murder case) not with Leahy, who played the lesser role in the murder for hire scheme they were convicted of, but with Kesser - who as part of the plea deal will "tell the truth" and presumably testify against Leahy.
It is part of the incomprehensible record of paul Gallegos, who will prosecute Sean Marsh for allowing his toddler to walk too far in front of him on the sleepy streets of Ferndale, but who will let jurderers and rapists strike deals.
Homicide retrial now looking to start Thursday
Chris Durant/The Times-Standard
Article Launched: 08/15/2007 04:15:47 AM PDT
The retrial of a man suspected of hiring a hitman to kill his estranged wife in 1991 has been postponed a few more days.
Humboldt County District Attorney Paul Gallegos said Tuesday that the homicide retrial of Richard Craig Kesser now looks like it will start Thursday.
Last week, Gallegos said he believed the trial would start Monday.
Kesser and his girlfriend, Jennifer Gayle Leahy, allegedly hired Duane Chiara to kill Mary Kesser, reportedly for her life insurance money.
The young mother was killed in her N Street home in Fortuna.
She was stabbed multiple times with what was believed to be a machete-type of blade.
Chiara was arrested a day later when he was found hiding in a closet. A sawed-off shotgun was found nearby. The other two defendants were arrested after a month.
Retrials were granted to Kesser and Leahy by the U.S. 9th Circuit Court of Appeals based on the actions of a former deputy district attorney. The court found he rejected potential jurors “on the basis of their race, in violation of the Equal Protection Clause of the 14th Amendment.”
It is unclear if Leahy and Kesser will be tried together.
Turns out, the next day, Gallegos does indeed cut a deal with Kesser, (Kesser cuts deal in murder case) not with Leahy, who played the lesser role in the murder for hire scheme they were convicted of, but with Kesser - who as part of the plea deal will "tell the truth" and presumably testify against Leahy.
It is part of the incomprehensible record of paul Gallegos, who will prosecute Sean Marsh for allowing his toddler to walk too far in front of him on the sleepy streets of Ferndale, but who will let jurderers and rapists strike deals.
8.15.2007
TS - Inmate who escaped from Sempervirens caught
Inmate who escaped from Sempervirens caught
Chris Durant/The Times-Standard
Article Launched: 08/15/2007 04:15:46 AM PDT
A man who escaped from Sempervirens Hospital while he was an inmate at the Humboldt County Jail was arrested in Manila Tuesday by Humboldt County Sheriff's detectives .
Derek Wendell Bowman, 26, answered the door of a Manila home and was arrested just before 3:30 p.m.
He escaped from the mental hospital on Aug. 5.
The Sheriff's Department said Detective Troy Garey received information that Bowman was hiding at the house on the 100 block of Phillips Court.
Garey, other detectives and a U.S. marshal arrived at the home and Bowman was arrested without any problems.
He was booked into the jail on suspicion of escape and for a series of charges pending while he was in custody the first time, which include forgery and resisting arrest.
In August 2006, Bowman was sentenced to 180 days in jail for forgery, second-degree burglary, interfering with a police officer and possession of drug paraphernalia convictions.
He is not eligible for bail.
Chris Durant/The Times-Standard
Article Launched: 08/15/2007 04:15:46 AM PDT
A man who escaped from Sempervirens Hospital while he was an inmate at the Humboldt County Jail was arrested in Manila Tuesday by Humboldt County Sheriff's detectives .
Derek Wendell Bowman, 26, answered the door of a Manila home and was arrested just before 3:30 p.m.
He escaped from the mental hospital on Aug. 5.
The Sheriff's Department said Detective Troy Garey received information that Bowman was hiding at the house on the 100 block of Phillips Court.
Garey, other detectives and a U.S. marshal arrived at the home and Bowman was arrested without any problems.
He was booked into the jail on suspicion of escape and for a series of charges pending while he was in custody the first time, which include forgery and resisting arrest.
In August 2006, Bowman was sentenced to 180 days in jail for forgery, second-degree burglary, interfering with a police officer and possession of drug paraphernalia convictions.
He is not eligible for bail.
ER - DA says plea deal a possibility in murder retrial
.
"Behind a locked courtroom door?" What's up with that?
DA says plea deal a possibility in murder retrial
The retrial of two of three people convicted 15 years ago in the brutal slaying of Fortuna resident Mary Kesser may be over before it begins.
Following days of speculation within the law enforcement community, Humboldt County District Attorney Paul Gallegos confirmed late Tuesday that a plea deal is possible in the first-degree murder case of Richard Craig Kesser and Jennifer Gayle Leahy.
In response to an e-mail question about a possible negotiated settlement, Gallegos stated, “Are there proposals out there? Yes. Have we reached an agreement? No. Is it possible that we will? Yes.”
Richard Kesser and Leahy were convicted in 1992 of hiring Stephen Duane Chiara to kill Mary Kesser, Richard’s estranged wife, a charge that included special allegations of murder for financial gain and lying in wait.
Mary Kesser, 30 years old and the mother of a then-4-year-old boy, was found two nights before Thanksgiving 1991 in her N Street home stabbed 34 times in her head, chest, back, abdomen and hands, according to court documents.
Chiara was quickly arrested, and within days police followed a trail of clues back to Richard Kesser and Leahy in what investigators called a murder-for-hire plot.
Attorneys for the two argued that Chiara was hired to blow up Mary Kesser’s car, not to kill her.
All three were convicted in 1992 and sentenced to life in prison without the possibility of parole — but the case, originally tried by former Deputy DA Worth Dikeman, was overturned on appeal in September, after a higher court found that he had made “blatant race-based strikes” of three American Indians from the approximately 140-member jury pool.
Within days of the appellate ruling, Dikeman, who twice campaigned against Gallegos for DA, was fired from his position. He subsequently called the reversal the “biggest disappointment” of his career.
Jury selection for the retrial began in July, and pretrial motions continued Tuesday behind a locked courtroom door.
Gallegos stated later, “There are, like in all cases, constant discussions involving possible dispositions. … (W)e always strive to be reasonable, open-minded and receptive to appropriate pretrial dispositions. That means we always strive to listen to proposals and fairly consider them.”
Kesser’s family, who met with the DA Tuesday, declined to comment.
***
Why would you plea bargain a proven winnable case? And what's with the locked courtroom door? Is that common?
God, this is a great time to be a criminal in Humboldt County. Murderer, Rapist, Child Molester, Drunk Driver, Drug Dealer, whatever...
***
In the TS - Homicide retrial now looking to start Thursday
The retrial of a man suspected of hiring a hitman to kill his estranged wife in 1991 has been postponed a few more days.
Humboldt County District Attorney Paul Gallegos said Tuesday that the homicide retrial of Richard Craig Kesser now looks like it will start Thursday.
Last week, Gallegos said he believed the trial would start Monday.
Kesser and his girlfriend, Jennifer Gayle Leahy, allegedly hired Duane Chiara to kill Mary Kesser, reportedly for her life insurance money.
The young mother was killed in her N Street home in Fortuna.
She was stabbed multiple times with what was believed to be a machete-type of blade.
Chiara was arrested a day later when he was found hiding in a closet. A sawed-off shotgun was found nearby. The other two defendants were arrested after a month.
Retrials were granted to Kesser and Leahy by the U.S. 9th Circuit Court of Appeals based on the actions of a former deputy district attorney. The court found he rejected potential jurors “on the basis of their race, in violation of the Equal Protection Clause of the 14th Amendment.”
It is unclear if Leahy and Kesser will be tried together.
***
9th Circuit Opinion - KESSER v CAMBRA No. 02-15475, D.C. No. CV-96-03452-PJH, OPINION *Decided and filed together with the companion case of Leahy v. Farmon, No. 01-17467, (pdf file) No. 01-17467, (9th Cir. 2006) (unpublished disposition).
"Behind a locked courtroom door?" What's up with that?
DA says plea deal a possibility in murder retrial
The retrial of two of three people convicted 15 years ago in the brutal slaying of Fortuna resident Mary Kesser may be over before it begins.
Following days of speculation within the law enforcement community, Humboldt County District Attorney Paul Gallegos confirmed late Tuesday that a plea deal is possible in the first-degree murder case of Richard Craig Kesser and Jennifer Gayle Leahy.
In response to an e-mail question about a possible negotiated settlement, Gallegos stated, “Are there proposals out there? Yes. Have we reached an agreement? No. Is it possible that we will? Yes.”
Richard Kesser and Leahy were convicted in 1992 of hiring Stephen Duane Chiara to kill Mary Kesser, Richard’s estranged wife, a charge that included special allegations of murder for financial gain and lying in wait.
Mary Kesser, 30 years old and the mother of a then-4-year-old boy, was found two nights before Thanksgiving 1991 in her N Street home stabbed 34 times in her head, chest, back, abdomen and hands, according to court documents.
Chiara was quickly arrested, and within days police followed a trail of clues back to Richard Kesser and Leahy in what investigators called a murder-for-hire plot.
Attorneys for the two argued that Chiara was hired to blow up Mary Kesser’s car, not to kill her.
All three were convicted in 1992 and sentenced to life in prison without the possibility of parole — but the case, originally tried by former Deputy DA Worth Dikeman, was overturned on appeal in September, after a higher court found that he had made “blatant race-based strikes” of three American Indians from the approximately 140-member jury pool.
Within days of the appellate ruling, Dikeman, who twice campaigned against Gallegos for DA, was fired from his position. He subsequently called the reversal the “biggest disappointment” of his career.
Jury selection for the retrial began in July, and pretrial motions continued Tuesday behind a locked courtroom door.
Gallegos stated later, “There are, like in all cases, constant discussions involving possible dispositions. … (W)e always strive to be reasonable, open-minded and receptive to appropriate pretrial dispositions. That means we always strive to listen to proposals and fairly consider them.”
Kesser’s family, who met with the DA Tuesday, declined to comment.
***
Why would you plea bargain a proven winnable case? And what's with the locked courtroom door? Is that common?
God, this is a great time to be a criminal in Humboldt County. Murderer, Rapist, Child Molester, Drunk Driver, Drug Dealer, whatever...
***
In the TS - Homicide retrial now looking to start Thursday
The retrial of a man suspected of hiring a hitman to kill his estranged wife in 1991 has been postponed a few more days.
Humboldt County District Attorney Paul Gallegos said Tuesday that the homicide retrial of Richard Craig Kesser now looks like it will start Thursday.
Last week, Gallegos said he believed the trial would start Monday.
Kesser and his girlfriend, Jennifer Gayle Leahy, allegedly hired Duane Chiara to kill Mary Kesser, reportedly for her life insurance money.
The young mother was killed in her N Street home in Fortuna.
She was stabbed multiple times with what was believed to be a machete-type of blade.
Chiara was arrested a day later when he was found hiding in a closet. A sawed-off shotgun was found nearby. The other two defendants were arrested after a month.
Retrials were granted to Kesser and Leahy by the U.S. 9th Circuit Court of Appeals based on the actions of a former deputy district attorney. The court found he rejected potential jurors “on the basis of their race, in violation of the Equal Protection Clause of the 14th Amendment.”
It is unclear if Leahy and Kesser will be tried together.
***
9th Circuit Opinion - KESSER v CAMBRA No. 02-15475, D.C. No. CV-96-03452-PJH, OPINION *Decided and filed together with the companion case of Leahy v. Farmon, No. 01-17467, (pdf file) No. 01-17467, (9th Cir. 2006) (unpublished disposition).
8.07.2007
ER - Council to rule on Cooke claims
Council to rule on Cooke claims
by Glenn Franco Simmons, 8/6/2007
Eureka City Attorney Sheryl Schaffner has recommended that the City Council at its meeting tonight reject two separate claims for damages stemming from the law enforcement shooting death of Zachary Cooke in January.
The meeting will take place at 6:30 in the City Hall’s council chamber.
The first claim on the council’s agenda — which can be voted on as part of a consent calendar that requires no discussion, unless it is “pulled” for discussion — was filed by Cooke’s father, Alan Cooke, who lives in the Bay Area.
According to the California Department of Justice’s Megan’s Law Web site, Alan Cooke has been convicted of lewd or lascivious crimes against children.
The second claim was filed by San Francisco-based lawyer W. Gordon Kaupp, who is the attorney for Alan Cooke and the estate of Zachary Cooke.
Based upon Schaffner’s agenda summaries provided as part of the agenda packet, the city’s ability to process such claims is limited by its participation in the Redwood Empire Municipal Insurance Fund.
“In order to maintain coverage,” the summary states, “the city has agreed to certain terms that are common in coverage agreements, including giving REMIF the right to: control, investigate, settle or defend any claim that is covered by the coverage agreement.”
As such, Schaffner determined that the proposed claim rejection is in compliance with REMIF’s conditions regarding the handling of such claims.
Included among the actions the council can take are: rejection of the claim; allowance of the claim; allowance of the claim in part, and rejection of it in part, if the claim is deemed valid... .; or rejection or a compromise of the claim if legal liability is disputed.
As reported in July by The Eureka Reporter, Schaffner said the council has 45 days to accept or reject a claim once it is filed. If the claim is rejected, the person filing the claim will have six months to file a lawsuit.
Alan Cooke filed his claim against the city of Eureka on July 9.
On July 5, the second Cooke-related claim on the agenda was filed by Kaupp against numerous law enforcement-related entities and the cities of Arcata, Eureka and Fortuna. In Kaupp’s filing, it states that he is the attorney for Alan Cooke and the estate of Zachary Cooke.
The reason the cities and law enforcement-related agencies are being sued together is because these agencies collaborated to form a task force that had been established to investigate a series of local armed robberies, in which Zachary Cooke was a suspect.
The task force comprised officers from the Eureka, Arcata and Fortuna police departments, Humboldt County Sheriff’s Office, U.S. Marshal’s Office, and the U.S. Bureau of Alcohol, Tobacco and Firearms.
On Jan. 4, task force officers shot and killed Zachary Cooke while he was in a vacant house at 3207 Albee St., in Eureka.
In a report sent last week to law enforcement officials and obtained by The Eureka Reporter, Humboldt County District Attorney Paul Gallegos said the shooting was justified and that the officers who shot and killed Zachary Cooke “acted lawfully and in self-defense, and the use of deadly force was reasonable and justified.”
Additionally, the report said there was “compelling evidence” that law enforcement agents faced a life-threatening situation.
The DA’s report also confirmed that Zachary Cooke had fired one round from a short-barreled, pistol-grip shotgun with two unfired shells in the magazine, and was additionally armed with a fully loaded six-shot revolver.
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
by Glenn Franco Simmons, 8/6/2007
Eureka City Attorney Sheryl Schaffner has recommended that the City Council at its meeting tonight reject two separate claims for damages stemming from the law enforcement shooting death of Zachary Cooke in January.
The meeting will take place at 6:30 in the City Hall’s council chamber.
The first claim on the council’s agenda — which can be voted on as part of a consent calendar that requires no discussion, unless it is “pulled” for discussion — was filed by Cooke’s father, Alan Cooke, who lives in the Bay Area.
According to the California Department of Justice’s Megan’s Law Web site, Alan Cooke has been convicted of lewd or lascivious crimes against children.
The second claim was filed by San Francisco-based lawyer W. Gordon Kaupp, who is the attorney for Alan Cooke and the estate of Zachary Cooke.
Based upon Schaffner’s agenda summaries provided as part of the agenda packet, the city’s ability to process such claims is limited by its participation in the Redwood Empire Municipal Insurance Fund.
“In order to maintain coverage,” the summary states, “the city has agreed to certain terms that are common in coverage agreements, including giving REMIF the right to: control, investigate, settle or defend any claim that is covered by the coverage agreement.”
As such, Schaffner determined that the proposed claim rejection is in compliance with REMIF’s conditions regarding the handling of such claims.
Included among the actions the council can take are: rejection of the claim; allowance of the claim; allowance of the claim in part, and rejection of it in part, if the claim is deemed valid... .; or rejection or a compromise of the claim if legal liability is disputed.
As reported in July by The Eureka Reporter, Schaffner said the council has 45 days to accept or reject a claim once it is filed. If the claim is rejected, the person filing the claim will have six months to file a lawsuit.
Alan Cooke filed his claim against the city of Eureka on July 9.
On July 5, the second Cooke-related claim on the agenda was filed by Kaupp against numerous law enforcement-related entities and the cities of Arcata, Eureka and Fortuna. In Kaupp’s filing, it states that he is the attorney for Alan Cooke and the estate of Zachary Cooke.
The reason the cities and law enforcement-related agencies are being sued together is because these agencies collaborated to form a task force that had been established to investigate a series of local armed robberies, in which Zachary Cooke was a suspect.
The task force comprised officers from the Eureka, Arcata and Fortuna police departments, Humboldt County Sheriff’s Office, U.S. Marshal’s Office, and the U.S. Bureau of Alcohol, Tobacco and Firearms.
On Jan. 4, task force officers shot and killed Zachary Cooke while he was in a vacant house at 3207 Albee St., in Eureka.
In a report sent last week to law enforcement officials and obtained by The Eureka Reporter, Humboldt County District Attorney Paul Gallegos said the shooting was justified and that the officers who shot and killed Zachary Cooke “acted lawfully and in self-defense, and the use of deadly force was reasonable and justified.”
Additionally, the report said there was “compelling evidence” that law enforcement agents faced a life-threatening situation.
The DA’s report also confirmed that Zachary Cooke had fired one round from a short-barreled, pistol-grip shotgun with two unfired shells in the magazine, and was additionally armed with a fully loaded six-shot revolver.
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
8.06.2007
ER - Victim’s Family Says Gallegos Is Supportive, Attentive
Interesting article. Time tells a different tale. See links at the end.
Victim’s Family Says Gallegos Is Supportive, Attentive
by Christine Bensen The Eureka Reporter 2/26/04
Marie Campbell (left) comforts her best friend Lisa Lawler, who broke down during a news conference Wednesday while talking about her sister whose remains were found in 2002.
In a news conference Wednesday, Eureka resident Lisa Lawler said she supports Humboldt County District Attorney Paul Gallegos who faces a recall election March 2.
“(The purpose of this press conference) is to express our opinion that Paul Gallegos is not being soft on crime,” Lawler said.
Lawler, then Lisa LaDeRoute, was 18 years old when her sister Andrea’s boyfriend John Annibel reported Andrea missing.
Andrea, then 20 years old, had been living with Annibel in Fortuna for two weeks when she disappeared. During the investigation, blood stains were found on the carpet, wall, bedding and mirror in the couple’s apartment.
Carmen Culver, Lawler’s aunt, said the day after Annibel reported her niece missing he moved to Colorado.
Lawler said investigators and law-enforcement officers working on the case told the family and media that there was enough evidence to charge Annibel.
Annibel, currently serving a prison sentence for the 1998 murder of Deborah Sloan, was never charged.
Lawler said for 22 years she had trouble getting in touch with people at the District Attorney’s Office. She said despite calls and certified letters, then District Attorney Terry Farmer never contacted her.
“(We received) no response, not a phone call, nothing,” she said.
Culver said in 2002 LaDeRoute’s remains were found by a land surveyor, at a location in Carlotta where Annibel had worked for 13 years.
Lawler said after her sister’s remains were found she contacted Gallegos and she and other family members met with him in his office.
“This is open communication,” she said.
Lawler said although Gallegos did not know much about the case, Lawler said Gallegos did some research and they have kept in contact. Currently, she is waiting to find out when she can have her sister’s remains so that her family can cremate them.
Although nothing will bring her sister back she appreciates Gallegos’ attentiveness. She said before she did not feel like she was being taken seriously by the District Attorney’s Office.
“I don’t know Paul, I have no feeling about him one way or the other except that he has been open with me,” Lawler said.
She said she feels that the recall committee Safety Yes! is exploiting victims’ families. Lawler said she wants people to realize that Gallegos has to wait for investigations and police reports to file charges and that although charges cannot always be filed, as in the case of her sister’s disappearance and homicide, Gallegos has been supportive of her family.
“If it were your sister or your loved one, you would want Paul,” she said.
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Victim’s Family Says Gallegos Is Supportive, Attentive
by Christine Bensen The Eureka Reporter 2/26/04
Marie Campbell (left) comforts her best friend Lisa Lawler, who broke down during a news conference Wednesday while talking about her sister whose remains were found in 2002.
In a news conference Wednesday, Eureka resident Lisa Lawler said she supports Humboldt County District Attorney Paul Gallegos who faces a recall election March 2.
“(The purpose of this press conference) is to express our opinion that Paul Gallegos is not being soft on crime,” Lawler said.
Lawler, then Lisa LaDeRoute, was 18 years old when her sister Andrea’s boyfriend John Annibel reported Andrea missing.
Andrea, then 20 years old, had been living with Annibel in Fortuna for two weeks when she disappeared. During the investigation, blood stains were found on the carpet, wall, bedding and mirror in the couple’s apartment.
Carmen Culver, Lawler’s aunt, said the day after Annibel reported her niece missing he moved to Colorado.
Lawler said investigators and law-enforcement officers working on the case told the family and media that there was enough evidence to charge Annibel.
Annibel, currently serving a prison sentence for the 1998 murder of Deborah Sloan, was never charged.
Lawler said for 22 years she had trouble getting in touch with people at the District Attorney’s Office. She said despite calls and certified letters, then District Attorney Terry Farmer never contacted her.
“(We received) no response, not a phone call, nothing,” she said.
Culver said in 2002 LaDeRoute’s remains were found by a land surveyor, at a location in Carlotta where Annibel had worked for 13 years.
Lawler said after her sister’s remains were found she contacted Gallegos and she and other family members met with him in his office.
“This is open communication,” she said.
Lawler said although Gallegos did not know much about the case, Lawler said Gallegos did some research and they have kept in contact. Currently, she is waiting to find out when she can have her sister’s remains so that her family can cremate them.
Although nothing will bring her sister back she appreciates Gallegos’ attentiveness. She said before she did not feel like she was being taken seriously by the District Attorney’s Office.
“I don’t know Paul, I have no feeling about him one way or the other except that he has been open with me,” Lawler said.
She said she feels that the recall committee Safety Yes! is exploiting victims’ families. Lawler said she wants people to realize that Gallegos has to wait for investigations and police reports to file charges and that although charges cannot always be filed, as in the case of her sister’s disappearance and homicide, Gallegos has been supportive of her family.
“If it were your sister or your loved one, you would want Paul,” she said.
***
Lisa's CourtTV Message Board.
Lisa's website: http://www.2006justiceforall.com/
Help: Sign this Petition
Update/RELATED:
"You can call or email me anytime, and I will meet with you..."
Petition To Governor Schwarzenegger
Use and abuse
***
Email the Governor: http://gov.ca.gov/interact#email
Try the Attorney General.