☛ TS Gundersen's arraignment continued
Former Blue Lake Police Chief David Gundersen's arraignment on a charge of felony grand theft was continued Wednesday to Dec. 10.
Gundersen, who stands accused of taking firearms out of Trinidad Police Department evidence and trading them, along with other guns, for a submachine gun and a silencer, pleaded not guilty to the charge at a court hearing last week.
Wednesday's arraignment was continued because the District Attorney's Office left the word “feloniously” off the criminal complaint it filed against Gundersen, which caused some confusion as to whether the theft was being charged as a felony or a misdemeanor.
Assistant District Attorney Wes Keat said that because the charge involves the theft of firearms, it can only be charged as a felony. The criminal complaint will be amended, Keat said, and the word “feloniously” will be included.
When Gundersen returns to court for his Dec. 10 arraignment, he will also tie up some loose ends from his previous case, which saw him convicted of illegally possessing both a submachine gun and a pistol with a silencer.
Last week, Superior Court Judge Bruce Watson sentenced Gundersen to four years probation for the charges, the terms and conditions of which will be set Dec. 10.
As to the new charges, Gundersen's attorney Russell Clanton said he has some concerns as to why the charges are only now surfacing more than six months after Gundersen's initial arrest -- concerns he said will be the subject of a motion in the near future.
11.28.2008
11.22.2008
TS - Gundersen faces new charge 11/21/08
[img]http://www.websmileys.com/sm/country/Congo_DR.gif[/img]
☛ TS Gundersen faces new charge
Thadeus Greenson can be reached at 441-0509 or tgreenson@times-standard.com
Thadeus Greenson/The Times-Standard
Posted: 11/21/2008 01:27:31 AM PST
☛ TS Gundersen faces new charge
The Humboldt County District Attorney's Office filed a new criminal complaint against former Blue Lake Police Chief David Ray Gundersen on Thursday, alleging one felony count of theft by a public official.
”The new charge arises from alleged misconduct, also involving firearms, uncovered in an investigation by the Trinidad Police Department,” Assistant District Attorney Wes Keat wrote in an e-mail to the Times-Standard.
Gundersen was acquitted of two dozen spousal rape charges in September, but convicted on 11 lesser counts of battery, a count of violating a court order and two felony charges of illegally possessing a submachine gun and a pistol with a silencer.
He is due to be sentenced on those convictions at a hearing today, when a judge is also expected to hear oral arguments over a defense motion seeking a retrial and the dismissal of some of the convictions. Keat said Gundersen will also be arraigned on the new charge during today's court appearance.
Gundersen's attorney, Russell Clanton, did not return calls to his office seeking comment for this story.
The Trinidad Police Department turned an investigative report over to the DA's Office on Nov. 12 recommending a total of 10 charges against Gundersen, including a charge of embezzlement, four charges of felony grand theft by a public official and four counts of evidence tampering.
Those recommended charges, Trinidad Police Chief Ken Thrailkill said, were based on evidence that Gundersen had allegedly sent four firearms he seized while working in Trinidad to Southern California's Cinema Weaponry in 2003 as a part of a trade for the submachine gun and silencer he was recently convicted of possessing illegally.
”Basically, he took the weapons without authorization from the city or the police department of Trinidad,” Thrailkill said in a previous interview. “Nobody had authorized him to, first of all, have those in his possession and, secondly, to trade Trinidad evidence for illegal firearms.”
Gundersen was employed as Trinidad's police chief from 1997 to 1999, but continued to provide law enforcement in the city for some time after that, as Trinidad and Blue Lake entered into a contract under which the BLPD covered Trinidad.
Trinidad's investigation spanned months, Thrailkill said, and stemmed from a tip from DA's Office investigators, who said they found Trinidad evidence items while searching the Blue Lake Police Department's storage facility after Gundersen's arrest. The investigation culminated, Thrailkill said, with a search warrant served on Cinema Weaponry, where investigators recovered the Trinidad guns.
Rather than follow Trinidad's charging recommendations, the DA's Office opted to instead charge a sole felony grand theft count for all the Trinidad firearms involved in the alleged Cinema Weaponry trade. The evidence tampering charges weren't pursued, likely due to the statute of limitations for misdemeanor charges.
If convicted on the felony grand theft charge, Gundersen would face a maximum of three years in prison.
On the issue of his prior case, his attorney Clanton filed a motion on Nov. 12 alleging that jury errors, insufficient evidence, issues with statutes of limitations and improper argument and questioning by District Attorney Paul Gallegos resulted in prejudiced jury verdicts that should be thrown out or, at least, retried.
In a four-page response, Keat argues that the verdicts are supported by evidence and that Clanton's statute of limitations argument is ill timed, and should have come during jury instructions.
”The defendant's motion is without merit,” Keat concludes in the filed response.
If the convictions hold up, Gundersen faces a maximum sentence of three years and eight months in prison or a fine of $20,000 for the two firearms convictions, as well as a maximum sentence of six months in jail, a fine of $2,000 or both for each of the 11 battery convictions.
In April, Gundersen was also held to stand trial on charges that he allegedly forcibly raped his then live-in girlfriend in 1999 and acted unlawfully with department records -- charges that a judge later ordered be tried separately from the others facing the embattled police chief at the time.
Gallegos has yet to formally announce if he plans to pursue those charges but said he has met with the alleged victim in the case, Jane Doe 2.
”As it stands, we expect to proceed,” Gallegos told the Times-Standard late last month.
A federal investigation was also launched into the cache of about 30 submachine guns found at the Blue Lake Police Department, the findings of which were turned over to the U.S. Attorney's Office months ago. Josh Eaton, spokesman for the U.S. Attorney's San Francisco office, has repeatedly declined to comment on the matter.
Gallegos is currently out of the office for the week, but Keat said the DA's Office will be prepared to have Gundersen arraigned today, and will argue that his convictions should stand.
”We will argue that Mr. Gundersen had a fair trial and that the court should sentence him to prison to punish him for the offenses of which the jury found him guilty,” Keat said in the e-mail.
Thadeus Greenson can be reached at 441-0509 or tgreenson@times-standard.com
Thadeus Greenson/The Times-Standard
Posted: 11/21/2008 01:27:31 AM PST
TS - Gundersen given probation for firearms convictions 11/22/08
☛ TS Gundersen given probation for firearms convictions
A Humboldt County Superior Court judge sentenced former Blue Lake Police Chief David Gundersen to four years probation Friday, for a pair of September convictions of illegally possessing a submachine gun and a pistol with a silencer.
Gundersen faced a maximum sentence of three years and eight months in prison for the convictions, but Judge Bruce Watson found that unusual circumstances surrounded the convictions which would normally carry a presumption of ineligibility for probation.
Watson also ruled in favor of a defense motion seeking to set aside 11 misdemeanor battery convictions, ruling that the convictions were time-barred by statutes of limitations.
Prior to Friday's sentencing hearing, Gundersen was arraigned on a felony charge of grand theft by a public official and pleaded not guilty. He is due back in court next week.
A jury of seven women and five men acquitted the former police chief on 24 counts of spousal rape, but convicted him in 11 lesser-included counts of misdemeanor battery, one count of violating a court order and charges of illegally possessing both a submachine gun and a pistol with a silencer.
After an April preliminary hearing, Gundersen was also held to stand trial on allegations that he raped his then live-in girlfriend in 1999 and acted unlawfully with department records, but a judge ruled those charges would be tried separately.
In court Friday, the District Attorney's Office also announced it will not proceed with those charges.
”My instructions are that the people don't intend to proceed with those counts, so I request that they be dismissed in the interest of justice,” Assistant District Attorney Wes Keat told the court.
After Watson ruled to set aside the battery convictions but against granting the defense a new trial on the firearms convictions, the courtroom fell silent while Watson pondered the sentencing decision.
Watson spent more than 45 minutes discussing the case and the possibility that circumstances existed that were unusual enough to warrant granting Gundersen probation in lieu of a prison sentence.
On the one hand, Watson said that it was clear the jury felt Gundersen was guilty of the possession and battery charges, that Gundersen had presided over a small police department found to be in possession of dozens of submachine guns without any “legitimate” use for them, that Gundersen had violated a court order and that he appeared to have taken advantage of the public trust.
On the other hand, Watson said the court had received a number of character letters in support of Gundersen, that he had no existing criminal record, that the criminal case had destroyed his career and had drastic impacts on his family and that the firearms possession charges only arose out of the spousal rape allegations, on which Gundersen was ultimately acquitted.
”I'll tell you, this is a bit difficult,” Watson said. “The goal is justice -- equal justice.”
Watson then sentenced Gundersen to four years probation, the exact terms and restrictions of which will be determined next week.
After the hearing, Keat declined to comment specifically on Watson's ruling, but said it was evident that it was a difficult one for the judge to make.
”You saw it was a very difficult decision for the judge to come to,” Keat said. “That's the longest incubation for a decision I've seen in a long time, so it was obviously a very difficult decision.”
For his part, Gundersen's attorney Russell Clanton said it was a “reasoned ruling” based on the case.
Gundersen is due to return to court on Wednesday, when dates will be set for his grand theft case, which stems from allegations that Gundersen took firearms out of Trinidad Police Department evidence and traded them, along with other guns, for the submachine gun and silencer he was convicted of possessing.
Thadeus Greenson can be reached at 441-0509 or tgreenson@times-standard.com
Thadeus Greenson/The Times-Standard
Posted: 11/22/2008 01:30:15 AM PST
A Humboldt County Superior Court judge sentenced former Blue Lake Police Chief David Gundersen to four years probation Friday, for a pair of September convictions of illegally possessing a submachine gun and a pistol with a silencer.
Gundersen faced a maximum sentence of three years and eight months in prison for the convictions, but Judge Bruce Watson found that unusual circumstances surrounded the convictions which would normally carry a presumption of ineligibility for probation.
Watson also ruled in favor of a defense motion seeking to set aside 11 misdemeanor battery convictions, ruling that the convictions were time-barred by statutes of limitations.
Prior to Friday's sentencing hearing, Gundersen was arraigned on a felony charge of grand theft by a public official and pleaded not guilty. He is due back in court next week.
A jury of seven women and five men acquitted the former police chief on 24 counts of spousal rape, but convicted him in 11 lesser-included counts of misdemeanor battery, one count of violating a court order and charges of illegally possessing both a submachine gun and a pistol with a silencer.
After an April preliminary hearing, Gundersen was also held to stand trial on allegations that he raped his then live-in girlfriend in 1999 and acted unlawfully with department records, but a judge ruled those charges would be tried separately.
In court Friday, the District Attorney's Office also announced it will not proceed with those charges.
”My instructions are that the people don't intend to proceed with those counts, so I request that they be dismissed in the interest of justice,” Assistant District Attorney Wes Keat told the court.
After Watson ruled to set aside the battery convictions but against granting the defense a new trial on the firearms convictions, the courtroom fell silent while Watson pondered the sentencing decision.
Watson spent more than 45 minutes discussing the case and the possibility that circumstances existed that were unusual enough to warrant granting Gundersen probation in lieu of a prison sentence.
On the one hand, Watson said that it was clear the jury felt Gundersen was guilty of the possession and battery charges, that Gundersen had presided over a small police department found to be in possession of dozens of submachine guns without any “legitimate” use for them, that Gundersen had violated a court order and that he appeared to have taken advantage of the public trust.
On the other hand, Watson said the court had received a number of character letters in support of Gundersen, that he had no existing criminal record, that the criminal case had destroyed his career and had drastic impacts on his family and that the firearms possession charges only arose out of the spousal rape allegations, on which Gundersen was ultimately acquitted.
”I'll tell you, this is a bit difficult,” Watson said. “The goal is justice -- equal justice.”
Watson then sentenced Gundersen to four years probation, the exact terms and restrictions of which will be determined next week.
After the hearing, Keat declined to comment specifically on Watson's ruling, but said it was evident that it was a difficult one for the judge to make.
”You saw it was a very difficult decision for the judge to come to,” Keat said. “That's the longest incubation for a decision I've seen in a long time, so it was obviously a very difficult decision.”
For his part, Gundersen's attorney Russell Clanton said it was a “reasoned ruling” based on the case.
Gundersen is due to return to court on Wednesday, when dates will be set for his grand theft case, which stems from allegations that Gundersen took firearms out of Trinidad Police Department evidence and traded them, along with other guns, for the submachine gun and silencer he was convicted of possessing.
Thadeus Greenson can be reached at 441-0509 or tgreenson@times-standard.com
Thadeus Greenson/The Times-Standard
Posted: 11/22/2008 01:30:15 AM PST
11.16.2008
PD - Man arrested in shooting of ex-Peoples Temple members 12/9/05
Son not charged in 1980 killings
Man arrested in shooting of ex-Peoples Temple members
By MICHELLE LOCKE
ASSOCIATED PRESS
BERKELEY - Prosecutors have decided not to charge a man jailed this week in the 25-year-old murders of his parents, both prominent Peoples Temple defectors.
Edward Michael Mills, 43, was arrested Saturday as he arrived at the San Francisco International Airport from Japan, where he had been living.
However, prosecutor Chris Carpenter said Thursday that charges will not be filed. "Based on all of the evidence, we didn't feel it was sufficient to meet the standard," he said.
Mills' arrest came in the 1980 killings of his parents and sister, murders that at the time spurred fears that death squads were finishing the job started by cult leader Jim Jones in the Guyana jungle.
Police said they don't believe the murders, committed when Mills was 17, were related to the Peoples Temple, the organization founded by Jones that ended in November 1978 when he ordered more than 900 of his followers to drink poisoned punch at Jonestown, their Guyana compound.
"At this stage it does not appear that there was any motive associated with the Peoples Temple," said Berkeley police spokesman Joseph Okies.
Al and Jeannie Mills had been staunch members of Peoples Temple, joining in 1969 when Jones was packing in crowds as he preached interracial harmony and advocated helping the poor and sick.
But the couple left in 1975 after their daughter was beaten more than 70 times with a paddle because - according to old news accounts - she embraced a friend Jones deemed a traitor.
In 1978, as questions about Temple activities intensified, Jones retreated to Guyana. Later that year, California congressman Leo Ryan led a delegation of journalists and relatives of temple members to Jonestown. Some members chose to leave with him and the party was ambushed at the airstrip; Ryan and four others were killed. Ryan's aide, Jackie Speier, now a state senator, was shot several times but survived.
Back at the compound, Jones ordered his followers to die, starting with the babies.
On Feb. 26, 1980, Al Mills, 51, Jeannie Mills, 40, and their daughter, Daphene, 15, were found shot in the head at their home in Berkeley. Jeannie Mills' mother discovered the bodies.
According to news accounts from the time, Edward Mills told police he had been watching TV and didn't hear the shootings. Okies said Edward Mills had gunpowder residue on his hands but there wasn't enough evidence to make an arrest.
Mills later received $247,000 from his parents' estate, according to news stories from the time.
For years, the case lay dormant. But two years ago, Berkeley police reopened the investigation as part of an ongoing effort to look at evidence in unsolved cases using new methods and technology.
Man arrested in shooting of ex-Peoples Temple members
By MICHELLE LOCKE
ASSOCIATED PRESS
BERKELEY - Prosecutors have decided not to charge a man jailed this week in the 25-year-old murders of his parents, both prominent Peoples Temple defectors.
Edward Michael Mills, 43, was arrested Saturday as he arrived at the San Francisco International Airport from Japan, where he had been living.
However, prosecutor Chris Carpenter said Thursday that charges will not be filed. "Based on all of the evidence, we didn't feel it was sufficient to meet the standard," he said.
Mills' arrest came in the 1980 killings of his parents and sister, murders that at the time spurred fears that death squads were finishing the job started by cult leader Jim Jones in the Guyana jungle.
Police said they don't believe the murders, committed when Mills was 17, were related to the Peoples Temple, the organization founded by Jones that ended in November 1978 when he ordered more than 900 of his followers to drink poisoned punch at Jonestown, their Guyana compound.
"At this stage it does not appear that there was any motive associated with the Peoples Temple," said Berkeley police spokesman Joseph Okies.
Al and Jeannie Mills had been staunch members of Peoples Temple, joining in 1969 when Jones was packing in crowds as he preached interracial harmony and advocated helping the poor and sick.
But the couple left in 1975 after their daughter was beaten more than 70 times with a paddle because - according to old news accounts - she embraced a friend Jones deemed a traitor.
In 1978, as questions about Temple activities intensified, Jones retreated to Guyana. Later that year, California congressman Leo Ryan led a delegation of journalists and relatives of temple members to Jonestown. Some members chose to leave with him and the party was ambushed at the airstrip; Ryan and four others were killed. Ryan's aide, Jackie Speier, now a state senator, was shot several times but survived.
Back at the compound, Jones ordered his followers to die, starting with the babies.
On Feb. 26, 1980, Al Mills, 51, Jeannie Mills, 40, and their daughter, Daphene, 15, were found shot in the head at their home in Berkeley. Jeannie Mills' mother discovered the bodies.
According to news accounts from the time, Edward Mills told police he had been watching TV and didn't hear the shootings. Okies said Edward Mills had gunpowder residue on his hands but there wasn't enough evidence to make an arrest.
Mills later received $247,000 from his parents' estate, according to news stories from the time.
For years, the case lay dormant. But two years ago, Berkeley police reopened the investigation as part of an ongoing effort to look at evidence in unsolved cases using new methods and technology.
Newsbusters: CNN's 'Escape From Jonestown' Downplays Democratic Connections
View the original post and all its comments here: CNN's 'Escape From Jonestown' Downplays Democratic Connections http://newsbusters.org/blogs/michael-m-bates/2008/11/14/cnns-escape-jonestown-downplays-democratic-connections
(this posting is merely a scrapbook copy)
http://newsbusters.org/blogs/
By Michael M. Bates
November 14, 2008 - 11:37 ET
On Thursday, CNN aired "Escape from Jonestown," presented by CNN special investigations unit corespondent Soledad O'Brien. This week marks thirty years since the horrific deaths of more than 900 people, roughly a third of them children, at Jonestown. The massacre was orchestrated by "Reverend" Jim Jones. What CNN barely referenced was Jones's connection to several leading Democratic politicians of the time. O'Brien did identify Jones as a believer in socialism and, with a survivor, passingly alluded to his influence in the Democratic Party:
O'BRIEN: In 1975, Jones moved his church headquarters from Redwood Valley down to San Francis, to a larger stage, where he became a political force and a face in photo-ops.
GOSNEY: Roslyn (sic) Carter was campaigning for Jimmy Carter. I believe that was 1976. And there was going to be a rally downtown. Literally, we stuffed the building. We were -- we were the rally.
Jones was much more than a face in a photo-op. Democratic San Francisco Mayor George Moscone appointed him to the city's housing authority. Willie Brown, who later served as Democratic Speaker of the California Assembly, in 1976 introduced Jones as a combination Martin Luther King, Angela Davis, Albert Einstein and Chairman Mao.
That same year Senator Walter Mondale, later elected vice president, invited Jones to meet with him on his campaign plane. The People's Temple chief also had a personal meeting with Jimmy Carter's wife, Rosalynn.
Jones referenced that in 1977 when he wrote to the First Lady and recommended the U.S. government give Cuba medical supplies. He mentioned his "deep appreciation for the privilege of dining privately with you prior to the election." She replied by saying she'd enjoyed the experience and hoped the U.S. would adopt his suggestion on Cuba.
When Jones moved his operation to Guyana, he brought with him written accolades from several liberal Democrats.
Wrote Walter Mondale: "Knowing of your congregation's deep involvement in the major social and constitutional issues of our country is a great inspiration to me."
Alaska Senator Mike Gravel thought the People's Temple "was almost too good to be true." California Congressman Don Edwards expressed the wish that "there were more like the people of the People's Temple Christian Church."
Joseph Califano, an official in the Kennedy and Johnson administrations and secretary of health, education and welfare for Jimmy Carter wrote Jones: "Knowing your commitment and compassion, your interest in protecting individual liberty and freedom have made an outstanding contribution to furthering the cause of human dignity."
Former Vice President Hubert Humphrey said that Jones' work "is testimony to the positive and truly Christian approach to dealing with the myriad problems confronting our society today."
No, Jim Jones was more than just a face in a photo-op. He benefited from the attention and praise of several notable Democratic politicians of the era. In a two-hour program, that relevant part of history should have been reported.
http://newsbusters.org/blogs/
****
****
Related post on watchpaul (mine) - with links to Jonestown Apologist's Alert (Tom Kinsolving's blog):
So, as the Anniversary of the Jonestown Massacre approaches, there are specials on the various networks, and stories in the paper. It's that time of year when Tim Stoen has to endure yet another few days of exquisite torture; interviews, attention and notoriety. This year is a big one, the 30 Year Anniversary.
Everyone 'knows' what happened, or thinks they do. This article in the Chronicle 10 days that shook S.F. gives a pretty good accounting with one major, repetitive flaw.
The Chronicle always leave out the early exposés written by Les Kinsolving. He was the Religion Writer for the San Francisco Examiner back then, and he had been approached by people who were very concerned about what was happening in People's Temple. They were begging the paper to 'do SOMETHING!'
His series was killed because of pressure from the Temple, including pressure from the Temple's Attorney, Jim Jones' second-in-command-right-hand-man, Tim Stoen.
Kinsolving's pieces can be viewed here, including the pieces that did not run.
1. THE PROPHET WHO RAISES THE DEAD Examiner [September 17, 1972 Page 1]
2. 'HEALING' PROPHET HAILED AS GOD AT S.F. REVIVAL Examiner [Monday, Sept. 18, 1972]
3. D.A. AIDE (Stoen) OFFICIATES FOR MINOR BRIDE Wednesday, September 20, 1972
4. PROBE ASKED OF PEOPLE'S TEMPLE Wednesday, September 20, 1972
5. THE PEOPLE'S TEMPLE AND MAXINE HARPE (never ran)
6. THE REINCARNATION OF JESUS CHRIST -- IN UKIAH (never ran)
7. JIM JONES DEFAMES A BLACK PASTOR (never ran)
8. SEX, SOCIALISM, AND CHILD TORTURE WITH REV. JIM JONES (never ran)
They can also be viewed here: jonestownapologistsalert.blogspot.com/
Stoen apologized to Kinsolving a few years ago. (Press Democrat) presumably that apology is meant to cover not only getting the stories killed but the plot to kill Kinsolving himself.
The Chronicle would do well to get over whatever its reason for ignoring Kinsolving's work. Leaving out this important part of the story does a disservicve to their readers.
The story of the people who tried to do something, who tried to stop the madness long before the massacre is one that really ought to be told. No one took them seriously, no one listened, and they risked their lives to get the truth out. IF anyone had paid attention, 900 people might be alive today.
His weren't the only pieces that were squashed by pressure from the Temple (Indianapolis Star reporter Carolyn Pickering had the goods on Jones years before that....), there's alot to be told. And the newspapers have alot to atone for.
(And CNN isn't makin' it any better: CNN's 'Escape From Jonestown' Downplays Democratic Connections)
(this posting is merely a scrapbook copy)
http://newsbusters.org/blogs/
By Michael M. Bates
November 14, 2008 - 11:37 ET
On Thursday, CNN aired "Escape from Jonestown," presented by CNN special investigations unit corespondent Soledad O'Brien. This week marks thirty years since the horrific deaths of more than 900 people, roughly a third of them children, at Jonestown. The massacre was orchestrated by "Reverend" Jim Jones. What CNN barely referenced was Jones's connection to several leading Democratic politicians of the time. O'Brien did identify Jones as a believer in socialism and, with a survivor, passingly alluded to his influence in the Democratic Party:
O'BRIEN: In 1975, Jones moved his church headquarters from Redwood Valley down to San Francis, to a larger stage, where he became a political force and a face in photo-ops.
GOSNEY: Roslyn (sic) Carter was campaigning for Jimmy Carter. I believe that was 1976. And there was going to be a rally downtown. Literally, we stuffed the building. We were -- we were the rally.
Jones was much more than a face in a photo-op. Democratic San Francisco Mayor George Moscone appointed him to the city's housing authority. Willie Brown, who later served as Democratic Speaker of the California Assembly, in 1976 introduced Jones as a combination Martin Luther King, Angela Davis, Albert Einstein and Chairman Mao.
That same year Senator Walter Mondale, later elected vice president, invited Jones to meet with him on his campaign plane. The People's Temple chief also had a personal meeting with Jimmy Carter's wife, Rosalynn.
Jones referenced that in 1977 when he wrote to the First Lady and recommended the U.S. government give Cuba medical supplies. He mentioned his "deep appreciation for the privilege of dining privately with you prior to the election." She replied by saying she'd enjoyed the experience and hoped the U.S. would adopt his suggestion on Cuba.
When Jones moved his operation to Guyana, he brought with him written accolades from several liberal Democrats.
Wrote Walter Mondale: "Knowing of your congregation's deep involvement in the major social and constitutional issues of our country is a great inspiration to me."
Alaska Senator Mike Gravel thought the People's Temple "was almost too good to be true." California Congressman Don Edwards expressed the wish that "there were more like the people of the People's Temple Christian Church."
Joseph Califano, an official in the Kennedy and Johnson administrations and secretary of health, education and welfare for Jimmy Carter wrote Jones: "Knowing your commitment and compassion, your interest in protecting individual liberty and freedom have made an outstanding contribution to furthering the cause of human dignity."
Former Vice President Hubert Humphrey said that Jones' work "is testimony to the positive and truly Christian approach to dealing with the myriad problems confronting our society today."
No, Jim Jones was more than just a face in a photo-op. He benefited from the attention and praise of several notable Democratic politicians of the era. In a two-hour program, that relevant part of history should have been reported.
http://newsbusters.org/blogs/
****
****
Related post on watchpaul (mine) - with links to Jonestown Apologist's Alert (Tom Kinsolving's blog):
So, as the Anniversary of the Jonestown Massacre approaches, there are specials on the various networks, and stories in the paper. It's that time of year when Tim Stoen has to endure yet another few days of exquisite torture; interviews, attention and notoriety. This year is a big one, the 30 Year Anniversary.
Everyone 'knows' what happened, or thinks they do. This article in the Chronicle 10 days that shook S.F. gives a pretty good accounting with one major, repetitive flaw.
The Chronicle always leave out the early exposés written by Les Kinsolving. He was the Religion Writer for the San Francisco Examiner back then, and he had been approached by people who were very concerned about what was happening in People's Temple. They were begging the paper to 'do SOMETHING!'
His series was killed because of pressure from the Temple, including pressure from the Temple's Attorney, Jim Jones' second-in-command-right-hand-man, Tim Stoen.
Kinsolving's pieces can be viewed here, including the pieces that did not run.
1. THE PROPHET WHO RAISES THE DEAD Examiner [September 17, 1972 Page 1]
2. 'HEALING' PROPHET HAILED AS GOD AT S.F. REVIVAL Examiner [Monday, Sept. 18, 1972]
3. D.A. AIDE (Stoen) OFFICIATES FOR MINOR BRIDE Wednesday, September 20, 1972
4. PROBE ASKED OF PEOPLE'S TEMPLE Wednesday, September 20, 1972
5. THE PEOPLE'S TEMPLE AND MAXINE HARPE (never ran)
6. THE REINCARNATION OF JESUS CHRIST -- IN UKIAH (never ran)
7. JIM JONES DEFAMES A BLACK PASTOR (never ran)
8. SEX, SOCIALISM, AND CHILD TORTURE WITH REV. JIM JONES (never ran)
They can also be viewed here: jonestownapologistsalert.blogspot.com/
Stoen apologized to Kinsolving a few years ago. (Press Democrat) presumably that apology is meant to cover not only getting the stories killed but the plot to kill Kinsolving himself.
The Chronicle would do well to get over whatever its reason for ignoring Kinsolving's work. Leaving out this important part of the story does a disservicve to their readers.
The story of the people who tried to do something, who tried to stop the madness long before the massacre is one that really ought to be told. No one took them seriously, no one listened, and they risked their lives to get the truth out. IF anyone had paid attention, 900 people might be alive today.
His weren't the only pieces that were squashed by pressure from the Temple (Indianapolis Star reporter Carolyn Pickering had the goods on Jones years before that....), there's alot to be told. And the newspapers have alot to atone for.
(And CNN isn't makin' it any better: CNN's 'Escape From Jonestown' Downplays Democratic Connections)
11.15.2008
TS - Gundersen files motion to toss convictions 11/13/08
☛ TS Gundersen files motion to toss convictions
Former Blue Lake Police Chief David Gundersen's attorney filed a motion Wednesday challenging 13 of his client's 14 convictions.
The seven-page motion alleges that jury errors, insufficient evidence, issues with statutes of limitations and improper argument and questioning by District Attorney Paul Gallegos resulted in prejudiced jury verdicts that should be thrown out or, at least, retried.
Gundersen was arrested in February and stood trial on 28 charges, including two dozen counts of spousal rape with the use of an intoxicant, as well as charges of attempting to dissuade the victim of a crime, violating a court order and illegally possessing both a submachine gun and a pistol with a silencer.
After spending six weeks in court, a jury of five men and seven women acquitted Gundersen of the spousal rape charges, but returned guilty verdicts on 11 lesser charges of battery relating to nude photos Gundersen took of his wife, Darcie Seal, allegedly without her consent. The jury also convicted Gundersen on the two firearms charges.
While it is the policy of the Times-Standard not to identify alleged sexual assault victims, Seal has requested that both the court and the paper use her real name.
The motion filed Wednesday by Gundersen's attorney, Russell Clanton, first takes aim at his clients 11 battery convictions, saying the guilty verdicts were “contrary to both law and evidence.”
Jurors said after the trial that they arrived at one battery conviction each based on 10 nude photographs of Seal, allegedly taken without her consent, and another battery conviction based on Gundersen's undressing Seal in order to take the photos.
Clanton argues in the motion that the jury committed misconduct by essentially considering the lesser-included battery counts as separate charges. Jurors never established a link between the battery and the greater offenses of spousal rape or attempted spousal rape, Clanton argues.
Even if the court finds the jury acted appropriately and there is enough evidence to support the battery convictions, Clanton also argues they should be thrown out because the dates of the alleged acts of battery exceed the one-year statute of limitations for misdemeanors.
As to his clients weapons convictions, Clanton argues in the motion that Gallegos engaged in improper argument and questioning that prejudiced the jury. Clanton argues that while the weapons would be exempt from registration requirements if intended for law enforcement use, Gallegos made frequent reference to their being unregistered.
”The persistent suggestion by counsel, over the objection of the defendant, that 'registration' was required for both items was deceptive and therefore prosecutorial misconduct pursuant to section 1181 (5) of the Penal Code,” Clanton writes in the motion. “Counsel would submit that but for the deceptive tactics of counsel for the people the outcome would have been different on the two weapons counts.”
To buttress his points, Clanton includes with the motion six summaries of conversations between jurors and his private investigator, Rene Birnbaum. According to the summaries, the six jurors were unable to explain how they linked the battery convictions with the original rape charges and admitted to confusion over the registration requirement.
According to one of the summaries, the jury's first vote on the rape charges came in 11-1 in favor of convictions. The sole dissenting juror was then able to convince two others to join him, according to the summary, before the jury eventually settled on the lesser battery convictions.
Clanton is not challenging Gundersen's conviction of violating a court order barring him from contacting Seal.
Gallegos is scheduled to file a rebuttal to Clanton's motion by Nov. 19, and the matter will be heard at Gundersen's Nov. 21 sentencing hearing.
Thadeus Greenson can be reached at 441-0509 or tgreenson@times-standard.com.
Thadeus Greenson/The Times-Standard
Article Launched: 11/13/2008 01:30:22 AM PST
Former Blue Lake Police Chief David Gundersen's attorney filed a motion Wednesday challenging 13 of his client's 14 convictions.
The seven-page motion alleges that jury errors, insufficient evidence, issues with statutes of limitations and improper argument and questioning by District Attorney Paul Gallegos resulted in prejudiced jury verdicts that should be thrown out or, at least, retried.
Gundersen was arrested in February and stood trial on 28 charges, including two dozen counts of spousal rape with the use of an intoxicant, as well as charges of attempting to dissuade the victim of a crime, violating a court order and illegally possessing both a submachine gun and a pistol with a silencer.
After spending six weeks in court, a jury of five men and seven women acquitted Gundersen of the spousal rape charges, but returned guilty verdicts on 11 lesser charges of battery relating to nude photos Gundersen took of his wife, Darcie Seal, allegedly without her consent. The jury also convicted Gundersen on the two firearms charges.
While it is the policy of the Times-Standard not to identify alleged sexual assault victims, Seal has requested that both the court and the paper use her real name.
The motion filed Wednesday by Gundersen's attorney, Russell Clanton, first takes aim at his clients 11 battery convictions, saying the guilty verdicts were “contrary to both law and evidence.”
Jurors said after the trial that they arrived at one battery conviction each based on 10 nude photographs of Seal, allegedly taken without her consent, and another battery conviction based on Gundersen's undressing Seal in order to take the photos.
Clanton argues in the motion that the jury committed misconduct by essentially considering the lesser-included battery counts as separate charges. Jurors never established a link between the battery and the greater offenses of spousal rape or attempted spousal rape, Clanton argues.
Even if the court finds the jury acted appropriately and there is enough evidence to support the battery convictions, Clanton also argues they should be thrown out because the dates of the alleged acts of battery exceed the one-year statute of limitations for misdemeanors.
As to his clients weapons convictions, Clanton argues in the motion that Gallegos engaged in improper argument and questioning that prejudiced the jury. Clanton argues that while the weapons would be exempt from registration requirements if intended for law enforcement use, Gallegos made frequent reference to their being unregistered.
”The persistent suggestion by counsel, over the objection of the defendant, that 'registration' was required for both items was deceptive and therefore prosecutorial misconduct pursuant to section 1181 (5) of the Penal Code,” Clanton writes in the motion. “Counsel would submit that but for the deceptive tactics of counsel for the people the outcome would have been different on the two weapons counts.”
To buttress his points, Clanton includes with the motion six summaries of conversations between jurors and his private investigator, Rene Birnbaum. According to the summaries, the six jurors were unable to explain how they linked the battery convictions with the original rape charges and admitted to confusion over the registration requirement.
According to one of the summaries, the jury's first vote on the rape charges came in 11-1 in favor of convictions. The sole dissenting juror was then able to convince two others to join him, according to the summary, before the jury eventually settled on the lesser battery convictions.
Clanton is not challenging Gundersen's conviction of violating a court order barring him from contacting Seal.
Gallegos is scheduled to file a rebuttal to Clanton's motion by Nov. 19, and the matter will be heard at Gundersen's Nov. 21 sentencing hearing.
Thadeus Greenson can be reached at 441-0509 or tgreenson@times-standard.com.
Thadeus Greenson/The Times-Standard
Article Launched: 11/13/2008 01:30:22 AM PST
11.13.2008
TS - Trinidad PD recommends theft charges against Gundersen
☛ TS Trinidad PD recommends theft charges against Gundersen
Trinidad Police Chief Ken Thrailkill said his department turned its investigative report into its former chief, David Ray Gundersen, over to the District Attorney's Office Wednesday, recommending that Gundersen be charged with theft, embezzlement and evidence tampering.
Gundersen is accused of taking firearms from the Trinidad Police Department's evidence locker while acting as police chief between 1997 and 1999, then allegedly trading them and other guns to Southern California's Cinema Weaponry in exchange for a Heckler & Koch MP5 submachine gun and a silencer -- the same weapons Gundersen was just convicted in September of illegally possessing, according to Thrailkill.
”Basically, he took the weapons without authorization from the city or the Police Department of Trinidad,” Thrailkill said. “Nobody had authorized him to, first of all, have those in his possession and, secondly, to trade Trinidad evidence for illegal firearms.”
Now that his department has finished its report and charging recommendations, Thrailkill said the case is in the court of the District Attorney's Office.
”My understanding is that they're moving forward with it,” Thrailkill said. “Any final determination is in their hands.”
District Attorney Paul Gallegos was not available for comment by deadline.
Gundersen's attorney, Russell Clanton, also could not be reached by deadline.
In total, Thrailkill said his department is recommending Gundersen be charged with one count of embezzlement, four counts of felony grand theft by a public official, four counts of evidence tampering and one count of violating a court order.
In addition to being in touch with the DA's Office throughout the investigation, Thrailkill said his department also worked with the United States Bureau of Alcohol Tobacco and Firearms on the case.
Thrailkill said the department began investigating the case after the DA's Office turned up Trinidad Police Department evidence in the Blue Lake evidence storage facility while serving a search warrant on the property in February.
Gundersen was acquitted in September of 24 counts of spousal rape with the use of an intoxicant, but convicted of 11 lesser charges of battery and charges of illegally possessing both a submachine gun and a pistol with a silencer. He is scheduled to be sentenced Nov. 21.
There's also the chance Gundersen might see federal charges related to the cache of nearly 30 submachine guns found at the Blue Lake Police Department after his arrest.
ATF special agent Nina Delgadillo told the Times-Standard in a previous interview that she participated in an investigation into Gundersen, the findings of which were turned over to the U.S. Attorney's Office.
U.S. Attorney's Office spokesman Josh Eaton declined to comment on the matter, and the office has yet to officially file any charges.
Thadeus Greenson can be reached at 441-0509 or tgreenson@times-standard.com
Trinidad Police Chief Ken Thrailkill said his department turned its investigative report into its former chief, David Ray Gundersen, over to the District Attorney's Office Wednesday, recommending that Gundersen be charged with theft, embezzlement and evidence tampering.
Gundersen is accused of taking firearms from the Trinidad Police Department's evidence locker while acting as police chief between 1997 and 1999, then allegedly trading them and other guns to Southern California's Cinema Weaponry in exchange for a Heckler & Koch MP5 submachine gun and a silencer -- the same weapons Gundersen was just convicted in September of illegally possessing, according to Thrailkill.
”Basically, he took the weapons without authorization from the city or the Police Department of Trinidad,” Thrailkill said. “Nobody had authorized him to, first of all, have those in his possession and, secondly, to trade Trinidad evidence for illegal firearms.”
Now that his department has finished its report and charging recommendations, Thrailkill said the case is in the court of the District Attorney's Office.
”My understanding is that they're moving forward with it,” Thrailkill said. “Any final determination is in their hands.”
District Attorney Paul Gallegos was not available for comment by deadline.
Gundersen's attorney, Russell Clanton, also could not be reached by deadline.
In total, Thrailkill said his department is recommending Gundersen be charged with one count of embezzlement, four counts of felony grand theft by a public official, four counts of evidence tampering and one count of violating a court order.
In addition to being in touch with the DA's Office throughout the investigation, Thrailkill said his department also worked with the United States Bureau of Alcohol Tobacco and Firearms on the case.
Thrailkill said the department began investigating the case after the DA's Office turned up Trinidad Police Department evidence in the Blue Lake evidence storage facility while serving a search warrant on the property in February.
Gundersen was acquitted in September of 24 counts of spousal rape with the use of an intoxicant, but convicted of 11 lesser charges of battery and charges of illegally possessing both a submachine gun and a pistol with a silencer. He is scheduled to be sentenced Nov. 21.
There's also the chance Gundersen might see federal charges related to the cache of nearly 30 submachine guns found at the Blue Lake Police Department after his arrest.
ATF special agent Nina Delgadillo told the Times-Standard in a previous interview that she participated in an investigation into Gundersen, the findings of which were turned over to the U.S. Attorney's Office.
U.S. Attorney's Office spokesman Josh Eaton declined to comment on the matter, and the office has yet to officially file any charges.
Thadeus Greenson can be reached at 441-0509 or tgreenson@times-standard.com