◼ Arcata Eye - Paul Hagen: Gallegos Is No Alternative – October 26, 2010
◼ Having already shared my experiences in running for district attorney this past spring in an open letter to the media (Arcata Eye, Oct. 6), I just read a public plea to my supporters to vote for Gallegos, headlined that he is “the only logical alternative for Hagen supporters.” (Jeff Schwartz, Arcata Eye, Oct. 20) That is absolutely not the case.
Now my opponent is calling for my supporters, and that calls to me. Those who know me know that I am “honest to a fault” (Eye endorsement, June 2), and while I completely refrained from negative campaigning and wish to keep it that way, Mr. Schwartz’s article calls for my unvarnished (albeit restrained) opinion. Here are my thoughts on the subject:
First, there are three things I wish to make perfectly clear: One, I have made it very clear to anyone who has asked that I am not endorsing anyone in this race. Two, I have unequivocally told this to Allison Jackson directly. Three, the reasons for this will not change.
Next, please know that I have never had a problem with Jeff Schwartz and I do respect him and those who agree with his statements. I learned a lot campaigning, including insights into what moves Gallegos’s supporters to believe in him. If they still do after reading this, I respect that, too.
My life’s experiences and core values, however, absolutely do not allow me to agree. To the contrary, what I know from hard years of direct experience is that the man is congenitally unqualified, and in so many ways. His defects lie at his core. This, too, will not change.
I write to comment on three areas of character–competence and ethics, with courage spanning them–and I write about the intersection of these in politics as it affects the public good. Please bear with me:
In a professional, one first looks to competence: Can the person do the job well, or learn to in a reasonable time? While many believe that Gallegos was courageous as well as competent in prosecuting Palco, or the Eureka police in the Moore case, neither was actually so. I spent 11 years as an environmental prosecutor, and it still hurts for me to read the Palco appellate court’s decision rebuking District Attorney Gallegos. Read it yourself, it is embarrassing. The police prosecutions were fully as disastrous in the damage done and their cost to the county, not to mention their national coverage for likewise being thrown out of court for failure to meet minimum standards and a crazy legal theory. There are also the Grand Jury reports still finding incompetence in Gallegos’ office. These are well-known facts. All of this he addresses by explaining away, but the facts remain.
As to courage, I would expect nothing less than the DA taking on corporations, etc. I criminally prosecuted two multinational corporations for killing a man at work in Mendocino County, winning a court ruling that corporations have no Fifth Amendment rights and receiving a quarter of a million dollars in settlement in doing so. I also prosecuted Palco twice criminally and got literally every last penny available in penalties, and once civilly receiving $80,000, $35,000 of which I sent to three grade schools in the Van Duzen River valley for violation-related science education. In all that I did as a prosecutor I never once thought about courage, but rather always about displaying high competence at every stage from investigation to settling. To me, doing “the right thing” is at best worthless when you badly screw it up.
Which brings us to ethics. Telling your staff you are going home sick while they stay at work and then going surfing during business hours is not ethical. Nor is using your taxpayer-paid office staff in political campaign announcements, whom we hear on the radio and see on TV and in the newspapers. Nor is deliberately smearing your political opponents, and it’s undeniably not ethical when you lie doing it.
Nor is it ethical to take full credit for what others have done, as in the Big Oil and Tire and the Skilled Healthcare cases, the settlements of which are now being used in ads which the Gallegos campaign is touting was “all because of Paul.” This is not ethical because it is not true. These cases were not “all” Gallegos’s, not by a long shot. Check it out yourself. The Attorney General representing the Regional Water Board did the great bulk of the Big Oil case because the Humboldt DA and the responsible county agency would not, yet Gallegos’s supporters and his ads take full credit. Three private law firms initiated the Skilled Healthcare case and again did most of the work, but in his ads Gallegos takes full credit. His ads are neither true nor ethical.
If you really want the truth about Gallegos’ professional ethics, inquire of him why the other affected DA’s and the Attorney General all refused to join in his Skilled Healthcare settlement due to their ‘ethical concerns’ over his use of secret settlement monies and more. Ask Gallegos himself to explain directly, honestly and openly the formal rebuke he has received from the California District Attorneys Association for his unprofessional use of DA authority in settling that case. Go ahead, ask him to explain honestly and directly. He won’t. That would require real courage and the capacity to tell the truth regardless. He has neither.
I realize that many in Humboldt admire his willingness to file suit against Palco, fight evil corporations, etc. I respect such admiration. And I agree not only in principle, I’ve been there and done that. But this is not what people in Humboldt are really getting.
For an office holder, these character traits take their most telling form in campaigning. While being dishonest is more than bad enough, vilification, smearing, and divisive politics are worse. This is Gallegos’ fourth campaign and in each of the others he has done these things and won. In announcing his first campaign Gallegos shamelessly copied Bobby Kennedy’s announcement speech for U.S. President as his own, without attribution (Tri-City Weekly, Feb. 26, 2002; more plagiarism followed, Eureka Reporter, Sept. 7 and Sept. 8, 2006), promising great progressivism. The recall campaign, however –which I have already publicly condemned – was used as an opportunity to drive Humboldt’s cultural wedges all the deeper; and in the 2006 election his campaign depressed the county’s voting middle and polarized its tails. This does not enhance the public good.
In 2006, opposing candidate Dikeman was made into someone to hate and fear, with the same to Jackson this time. Schwartz himself is using fear in his appeal, using PG&E’s nuclear power plant – a field strictly under federal regulation, no DA can touch it – as the basis for not having Jackson and her “nuclear-plant crowd stick together and take Humboldt County back to the dark ages.” Really? Is that what will actually happen if he loses? Either Gallegos saves us from radiation or “the Humboldt County environment and much more goes down the drain?” Really? This simple dichotomy is more senseless than taking credit for a drop in crime based on gross statistics. Any thinking person knows that simple correlation does not equal causation. And yet, appealing to fear, Gallegos tells us he has made the county safer. Really? Then explain exactly how.
If the Gallegos campaign wishes to “ask, beg and implore” “those progressive leaders who supported Paul Hagen to endorse Paul Gallegos,” it can. Again, I realize that many in Humboldt admire his willingness to file suit against Palco, fight evil corporations, etc. I respect such admiration. And I agree not only in principle, I’ve been there and done that. But this is not what people in Humboldt are really getting.
Regardless of what Gallegos has done or says, he is not my idea of “progressive.” That requires truly living to progressive ideals and delivering solid results. Based on publicly known facts, I have tried to show here why Gallegos’ so-called ‘progressiveness’ is at best just political form without professional substance. Good intentions delivering incompetent results does not equal being “progressive.” Based on my direct personal experiences, my knowledge of Paul Gallegos’ utter lack of what I consider true ethics, courage and honesty, as well as his now-proven political campaign-trash tactics, I believe these things fundamentally disqualify his being a progressive. Or a district attorney.
For all those reading who aren’t concerned about the progressive/dark ages argument, good for you. What matters is results, not talk. So just look to what Gallegos has actually done as DA and how he went about it – his actual results, not what he says they are. After two actual elections he has shown us his best, and just as the Palco appellate court unanimously wrote, he has “failed to prove, on [his] third try, a reasonable possibility that [his] defect can be cured.” And so, making new law, it threw out the case.
Ours is a participatory democracy, a great gift. Each vote matters. Vote your hearts, vote your minds, and vote for the future you want. If it looks anything like my envisioned future, Paul Gallegos is not a “logical alternative.” Like Dan Quayle, Paul Gallegos is no Bobby Kennedy. He is no alternative.
Paul Hagen served as a criminal and civil prosecutor in four North Coast district attorney’s offices, including Humboldt’s. He is currently is an attorney in Eureka and believes deeply in participatory democracy.
An honest word.
Related:
◼ Hagen: ‘The bloom is off the rose’ for incumbent
◼ "Hogwash, Mr. Gallegos"
◼ Failed Gallegos lawsuit one more obstacle for community to overcome
◼
Why DA's Palco suit was ill-advised
Showing posts with label 2010 Election. Show all posts
Showing posts with label 2010 Election. Show all posts
10.26.2010
10.25.2010
TS My Word - Gallegos - Our goal: Improving public safety and making Humboldt County a healthy place to live, raise our families and do business
◼ link
Paul Gallegos/For the Times-Standard
Posted: 10/24/2010 01:23:20 AM PDT
My office knows that we are the face of government that much of the public sees. Faith in a system of just laws and fairness requires us to conduct ourselves in an ethical manner. We cannot play favorites or pre-judge outcomes. Our role is to seek the truth so that justice is served. Our deputies have earned the respect of the legal community and judges because we uphold those values in every aspect of the work.
In my execution of the office, I have demanded of staff to be fair and to treat all people equally with the dignity due a free people. For, in the end, we cannot have justice if we allow vengeance to pollute our judicial system. We depend on the certainty of the law to protect our rights, our security and our sense of fairness. Without that, we will be subject to whims of individuals who wield power beyond their rights as citizens in a free republic.
As your district attorney, I have pledged to do everything in my power to ensure that the enforcement of our laws is guided by one principle: that we are all equal. This is the essential value embodied in our Constitution. Our safety, both as individuals and as a vibrant society, depends upon upholding that value, despite the misguided public discourse that would encourage you to approach the world with fear.
I take pride in the office I have led these past eight years. Of the staff I inherited from Terry Farmer, four continue today, two were fired, and the remaining left of their own accord.
The deputy district attorney's job is demanding, stressful and not well compensated. But our deputies perform remarkably well by cooperating with each other, sharing tasks and being aware of each other's work so that they can help one another as needed. Their day begins before 8 a.m. and does not end until well after 5 p.m. Often they take their work home, preparing for the next day's appearance in court.
The office continues to thrive even though the budget has been cut, there is less staff, and we have increased the amount of filings. If we are presented with facts from a law enforcement agency that a crime has been committed, and it can be proven beyond a reasonable doubt, then it will be filed.
We never decline a case based on a lack of resources. This kind of dedication to public service has been successful in bringing the worst violators to justice, whether they be perpetrators of violence, sexual molestation, or predators of the vulnerable among us, or corporate polluters of our environment.
We have received awards for our investigative team, our Child Abuse Services, our Domestic Violence unit, including a recent unanimous proclamation of appreciation from the Board of Supervisors, and for our work with the tribes. Our conviction rates and commitment of violent offenders to prison are as high as ever on a budget that is the lowest in a decade.
The future looks good, too. I am creating a special team to specifically tackle cold cases, based on the methods honed by our stellar investigative unit to crack cold cases, like the Huntzinger disappearance. We will also continue to raise funds and equip county law enforcement with audio and video recorders. This will help gather the hard evidence needed for successful prosecution, and provide everyone involved in an incident with a single confirmable account of events.
And, as crime has changed with the changes in our society and technology, our cyber unit will also be working more closely with prosecutors and investigators. In addition, we are going to develop our ability to present evidence electronically in court, so that the judge and jury will be able to follow the facts more easily and come to a just conclusion. We showcased it in the skilled nursing case, which helped the jury to see actual documents and read appropriate passages and facts within them. We use state of the art technology to bring perpetrators to justice and will continue to develop our abilities in that arena.
All of our work is aimed at one goal: improving public safety and making Humboldt County a healthy place to live, raise our families and do business. Please join me in that effort by re-electing me as your district attorney.
Paul Gallegos is the district attorney of Humboldt County. He is up for re-election on the November ballot.
****
Interesting the way he tries to say he doesn't want to go back to the days of Terry Farmer, but he tries to take credit for the programs that were created under Farmer. Years before Gallegos ever considered running for a better paycheck.
Paul Gallegos/For the Times-Standard
Posted: 10/24/2010 01:23:20 AM PDT
My office knows that we are the face of government that much of the public sees. Faith in a system of just laws and fairness requires us to conduct ourselves in an ethical manner. We cannot play favorites or pre-judge outcomes. Our role is to seek the truth so that justice is served. Our deputies have earned the respect of the legal community and judges because we uphold those values in every aspect of the work.
In my execution of the office, I have demanded of staff to be fair and to treat all people equally with the dignity due a free people. For, in the end, we cannot have justice if we allow vengeance to pollute our judicial system. We depend on the certainty of the law to protect our rights, our security and our sense of fairness. Without that, we will be subject to whims of individuals who wield power beyond their rights as citizens in a free republic.
As your district attorney, I have pledged to do everything in my power to ensure that the enforcement of our laws is guided by one principle: that we are all equal. This is the essential value embodied in our Constitution. Our safety, both as individuals and as a vibrant society, depends upon upholding that value, despite the misguided public discourse that would encourage you to approach the world with fear.
I take pride in the office I have led these past eight years. Of the staff I inherited from Terry Farmer, four continue today, two were fired, and the remaining left of their own accord.
The deputy district attorney's job is demanding, stressful and not well compensated. But our deputies perform remarkably well by cooperating with each other, sharing tasks and being aware of each other's work so that they can help one another as needed. Their day begins before 8 a.m. and does not end until well after 5 p.m. Often they take their work home, preparing for the next day's appearance in court.
The office continues to thrive even though the budget has been cut, there is less staff, and we have increased the amount of filings. If we are presented with facts from a law enforcement agency that a crime has been committed, and it can be proven beyond a reasonable doubt, then it will be filed.
We never decline a case based on a lack of resources. This kind of dedication to public service has been successful in bringing the worst violators to justice, whether they be perpetrators of violence, sexual molestation, or predators of the vulnerable among us, or corporate polluters of our environment.
We have received awards for our investigative team, our Child Abuse Services, our Domestic Violence unit, including a recent unanimous proclamation of appreciation from the Board of Supervisors, and for our work with the tribes. Our conviction rates and commitment of violent offenders to prison are as high as ever on a budget that is the lowest in a decade.
The future looks good, too. I am creating a special team to specifically tackle cold cases, based on the methods honed by our stellar investigative unit to crack cold cases, like the Huntzinger disappearance. We will also continue to raise funds and equip county law enforcement with audio and video recorders. This will help gather the hard evidence needed for successful prosecution, and provide everyone involved in an incident with a single confirmable account of events.
And, as crime has changed with the changes in our society and technology, our cyber unit will also be working more closely with prosecutors and investigators. In addition, we are going to develop our ability to present evidence electronically in court, so that the judge and jury will be able to follow the facts more easily and come to a just conclusion. We showcased it in the skilled nursing case, which helped the jury to see actual documents and read appropriate passages and facts within them. We use state of the art technology to bring perpetrators to justice and will continue to develop our abilities in that arena.
All of our work is aimed at one goal: improving public safety and making Humboldt County a healthy place to live, raise our families and do business. Please join me in that effort by re-electing me as your district attorney.
Paul Gallegos is the district attorney of Humboldt County. He is up for re-election on the November ballot.
****
Interesting the way he tries to say he doesn't want to go back to the days of Terry Farmer, but he tries to take credit for the programs that were created under Farmer. Years before Gallegos ever considered running for a better paycheck.
TS LTR - No more political chicanery
◼ No more political chicanery
Letters to the Editor
Posted: 10/24/2010 01:08:40 AM PDT
Upon reading Paul Gallego's candidate statement for District Attorney, I am appalled that he takes credit for all the programs currently in his office. A number of competent attorneys before his time in this office are responsible for establishing and implementing the Consumer and Environmental Unit, the Child Abuse (CAST) and Adult Sex Crimes Unit and the Domestic Violence Unit.
He talks about attracting victim/witness advocates, but the program under his leadership is sorely diminished.
He gives minimal credit to the former and excellent investigators who are most responsible for his cold case solutions.
He doesn't mention the high-profile cases that not only should not have been prosecuted, but have cost the county a great deal of money.
The sign Gallegos and Gallegos in Old Town is an ethical and misleading problem which has never been corrected. Has he prosecuted any former clients? These are questions brought out by my direct conversation with an employee of the California Bar Association.
Gallegos has all the smooth answers, but the actual facts seem to be extremely limited.
Allison Jackson has successfully prosecuted the most egregious crimes of our society -- child abuse. How many cases has Gallegos dealt away in that area? How many unpopular cases has he dealt away? We need a straightforward, responsible and honest district attorney. No more political chicanery! My vote is for Jackson.
Mary Ellen Norton
Eureka
Letters to the Editor
Posted: 10/24/2010 01:08:40 AM PDT
Upon reading Paul Gallego's candidate statement for District Attorney, I am appalled that he takes credit for all the programs currently in his office. A number of competent attorneys before his time in this office are responsible for establishing and implementing the Consumer and Environmental Unit, the Child Abuse (CAST) and Adult Sex Crimes Unit and the Domestic Violence Unit.
He talks about attracting victim/witness advocates, but the program under his leadership is sorely diminished.
He gives minimal credit to the former and excellent investigators who are most responsible for his cold case solutions.
He doesn't mention the high-profile cases that not only should not have been prosecuted, but have cost the county a great deal of money.
The sign Gallegos and Gallegos in Old Town is an ethical and misleading problem which has never been corrected. Has he prosecuted any former clients? These are questions brought out by my direct conversation with an employee of the California Bar Association.
Gallegos has all the smooth answers, but the actual facts seem to be extremely limited.
Allison Jackson has successfully prosecuted the most egregious crimes of our society -- child abuse. How many cases has Gallegos dealt away in that area? How many unpopular cases has he dealt away? We need a straightforward, responsible and honest district attorney. No more political chicanery! My vote is for Jackson.
Mary Ellen Norton
Eureka
10.18.2010
Gallegos says he is a professor at HSU on candidate questionnaire
Last time he didn't answer the questionnaire - this time his answers are very interesting - he's suddenly found Jesus, for one, he's calling himself a PROFESSOR (he isn't) and again repeating his claims to have established/created key programs (he didn't, they predate him by many years, and this is proven by various documents including Board of Supervisors meeting agendas and minutes)
◼ link
1. Name:
Allison Jackson
Paul Gallegos
2. Age:
Allison Jackson: -
Paul Gallegos: 48
3. Marital Status:
Allison Jackson: Married
Paul Gallegos: Married
4. How long have you lived in Humboldt County?
Allison Jackson: Since 1994
Paul Gallegos: 16 years
5. Organization affiliations:
Allison Jackson: California State Bar Association. Friends of Cal-Ore Fish.
Paul Gallegos: California State Bar, Humboldt County State Bar, California District Attorneys Association, National District Attorneys Association
6. Why do you feel you would be the best choice for office?
Allison Jackson: Experience, tenacity and integrity.
Paul Gallegos: Under my leadership as District Attorney of Humboldt County, despite budget cuts and the resulting decrease in staff, crime has dropped significantly countywide, (uh, no it hasn't) prison commitments and asset forfeitures from drug crimes have gone up and we have increased the use of non-custodial alternatives such as drug and mental health treatment. We established our Criminal Investigations Unit, the Environmental Crimes and Consumer Protection Unit, the Sex Crimes Unit, the Worker’s Compensation Fraud Unit, the Domestic Violence Unit and the Bad Check Program. (uh not exactly) We have solved cold cases, make a practice of prosecuting difficult ones and improved our courtroom effectiveness by utilizing the latest technology to identify and investigate crime, track cases and individuals, communicate with witnesses, victims and law enforcement officers, share information and present courtroom visuals to assist the court and the jury in arriving at just decisions We have promoted confidence and reliability in the justice system by purchasing and promoting the usage of digital recorders to record all witness, victim and defendant statements by law enforcement countywide and by displaying a willingness to prosecute difficult and controversial cases. We have also worked to make Humboldt County a leader in the North Coast by providing both support and training to law enforcement throughout the North Coast. I am proud of the People that I work with and work we have done to improve public safety, promote and protect the liberties and protections of the United States Constitution and to further the general welfare of all people in Humboldt County and the State of California.
7. What are the duties and responsibilities of the position?
Allison Jackson: Administer the D.A.’s Office in a manner that demonstrates competence, leadership, preparing cases and charging appropriately for the crime
Paul Gallegos: The District Attorney is a state official, elected in a countywide election. The District Attorney fills the executive branch in the County in which he or she resides and is charged with enforcing the laws of the State of California while giving everyone the protections of the United States Constitution.
8. Please indicate the top three issues or themes selected for your campaign.
Allison Jackson: Holding those who have committed crimes fully accountable for those crimes according to proof; protecting and enforcing the constitutional and statutory rights of the accused and; vigorously protecting the constitutional and statutory rights of victims and victim’s families.
Paul Gallegos: Under my leadership, we have made Humboldt County safer, we have promoted, encouraged and participated in crime prevention efforts and programs, we have expanded victim services (uh, no, he has lost Victim Witness grants and positions) and we have made the office more effective, more efficient and more accessible to the People of Humboldt County.
9. Please name your sponsors and principal supporters.
Allison Jackson: I am proud to be supported by people from across political and ideological spectrum, as this is a non-partisan office. A partial list of supporters is attached.
Paul Gallegos: My supporters are and have been the citizens of Humboldt County. That support has been and is broad based without regard for party affiliation. A list of endorsements is attached.
10. Do you believe that the position should be affiliated with a political party?
Allison Jackson: No.
Paul Gallegos: No. Unlike a legislative officer, my job is to enforce the laws of the State of California whether I agree with them or not. My position is non-partisan. (funny then why do you have your supporters attacking her party affiliation?)
11. Would you describe your political views as liberal, moderate or conservative?
Allison Jackson: Some of each.
Paul Gallegos: My political view is the promotion of the ideas and goals of the Declaration of Independence and the protections and the limitations of the United States Constitution. I believe that the United States Constitution was intended to be a celebration of the individual as a member of a society. It is not, and cannot be, the triumph of the individual over society as that is anarchy. Neither can it be the triumph of society over the individual as that is tyranny. I believe in and support my country and my government and believe it is, as described, a government of the people, by the people, for the people. (NOTE: his supporters support him because he is progressive and they seek to accrue a progressive power structure, clearly stated, not even hidden)
12. What is the proper role of county government?
Allison Jackson: To represent and serve county residents and interact with state representatives.
Paul Gallegos: (another lecture) County government, like state and federal government, is separated into three branches. Each has a different function and responsibility. The District Attorney is a state officer that enforces state laws and county ordinances within the geographic boundary in which he or she is elected.
13. Are you concerned with the present level of local government spending versus revenues and, if elected, what role will you play in dealing with the situation?
Allison Jackson: I will budget responsibly, spend judiciously.
Paul Gallegos: Yes. Profoundly. I have dealt with this issue for seven years. I have always worked within my budget and, despite recurring budget cuts, have insisted that we continue to provide and expand our services to this community. (uh, no, his budget has gone up not down)
14. Who do you see as your ultimate boss?
Allison Jackson: The residents of Humboldt County, especially victims of violent crimes.
Paul Gallegos: Personally: God. Politically: the People. (do you think he was laughing as he answered this?)
15. When was the last time you read the Constitution of the United States and do you agree with its principles or do you consider the Constitution to be outdated?
Allison Jackson: I keep a copy in my purse, read it regularly, and consider it to be the ultimate and guiding law of the land.
Paul Gallegos: I studied the United States Constitution in the law school, I taught the United States Constitution when I was a professor at Humboldt State University, (NOTE: He is NOT A PROFESSOR) I read it and discuss it with my friends, with my colleagues, with the Courts and almost every time I am asked to speak to students and members of our community. The United States Constitution is the framework of all discussions regarding criminal law. The United States Constitution, unlike many systems of government, seeks to balance the competing interests of the individual and society by protecting society from the individual while protecting the individual from society. There is little, if anything, that is done in our criminal courts that does not involve discussion of the United States Constitution. Therefore, I have to be familiar with it, with case law that has explained it, and on the groundwork upon which it was created such as the federalist papers. My job also requires me to support and uphold it and I do every day.
16. How do those principles relate to the office you are seeking?
Allison Jackson: Those principles define it and guide it.
Paul Gallegos: I am sworn to uphold and defend the United States Constitution and I do every day.
17. What is your position regarding respect and allegiance to the Flag of the United States?
Allison Jackson: This question does not pertain to the functioning of the D.A.’s Office, but on a personal note I would say that pledge is more than words, it is an affirmation of support for our country and its citizens.
Paul Gallegos: I respect and have sworn allegiance to the flag of the United States. My father, my uncle, my grandfather are buried in Arlington National Cemetery as a result of their commitment to this country and my family has fought for and served this country for well over a hundred years. The flag is symbol of this country and the sacrifices that others have made on behalf of it. Therefore, while I do not see it as holy, I do see it as immense and powerful symbol of our country and the sacrifices of those that serve it.
18. What is your position on public prayer?
Allison Jackson: This question does not pertain to the functioning of the D.A.’s Office.
Paul Gallegos: I believe in private prayer. Our constitution separated church and state for a reason. I do not believe God needs government support and I do not believe we need to have a government supported religion forced upon us.
19. Do you support the military in both its peacetime and wartime commitments? If “NO” what are your reservations?
Allison Jackson: This question does not pertain to the functioning of the D.A.’s Office.
Paul Gallegos: I support the people that serve this country. That necessarily includes those that serve in the military. My family has a long and extensive history of public and military service. The United States Military supports our government. There are times when I do not agree with what our government asks our military to do. I think it is fair to add that, should our military ever fail to serve our duly elected government, I would not support our military.
20. Do you support federal government bailouts of our nation’s most important industries?
Allison Jackson: This question does not pertain to the functioning of the D.A.’s Office.
Paul Gallegos: It depends on the circumstances. There are times when it may become necessary. However, I believe it should be the exception and not the rule and should be only as and if necessary for the welfare of the country.
21. If elected, what will you do to limit the size and scope of county government?
Allison Jackson: This is not a function of the District Attorney’s Office – however, as a Department Head, I would look for and implement efficiencies of scale, stay within budget and work to improve core functioning of staff.
Paul Gallegos: I am an executive officer. I get little or any say in that decision. My office is underfunded and understaffed as a result of that underfunding. My office has dealt with budget cuts after budget cuts while others have not. I think that adequately funding my office should be priority. (That us a categorical lie)
22. If elected, what will you do to reduce fraud and abuse of taxpayers’ money?
Allison Jackson: Prosecute those who commit fraud and criminally wrong taxpayers.
Paul Gallegos: We actively prosecute fraud. We have a Worker’s Compensation Fraud Unit and a Consumer Fraud Unit. Government money belongs to the People it should be used to serve the People. If we have sufficient evidence that someone is taking government money for their own personal use, we work to create a disincentive for them and others that would engage in that type of behavior.
23. What is your position on legislative earmarks?
Allison Jackson: This question does not pertain to the functioning of the D.A.’s Office.
Paul Gallegos: I am an executive officer. Much associated with the legislative process annoys me.
24. How long have you practiced law?
Allison Jackson: Since 1991.
Paul Gallegos: Since 1992.
25. Please name the types of law: (criminal, personal injury, etc.) that you have practiced and for how long?
Allison Jackson: Resume attached.
Paul Gallegos: I have practiced criminal law for the entirety of my legal career and practiced civil law for the entirety as well. In the civil arena, I have handled all types of civil cases that our office handles and, while in private practice, handled a wide variety of civil cases from insurance defense to personal injury and civil rights and government liability cases.
26. Does your legal practice try civil and /or criminal cases? If so, what court do you regularly appear before?
Allison Jackson: Both civil and criminal. I regularly appear before both state and federal court. My jury trial experience is extensive and very successful.
Paul Gallegos: I am before all of our courts on a regular practice and have tried cases before all of our judges.
27. Overall, how many civil and criminal cases have you tried, and how often have you won those cases? How many cases were before juries?
Allison Jackson: I was a Senior Felony Trial Prosecutor until 2004. Most, if not all cases were tried before juries, with an overwhelming success rate. I have tried so many cases, it would be impossible to even begin to list.
Paul Gallegos: I think a conservative estimate is that I have tried somewhere between 70 to 100 plus jury trials to verdict. I suspect it is over 100 but don’t keep such records and that number is based on an average per year over my career. I have probably lost at least 10 trials.
28. How do you define your relationship with local/state/federal law enforcement?
Allison Jackson: Exceptionally good.
Paul Gallegos: As indicated above, I am a State Officer charged with enforcing the laws of the state of California. I must do that without fear or favor. While I strive for and we have a very good working relationship with local, state and federal law enforcement, it must always be an independent relationship and my decisions must be made independently.
29. If elected, would you keep the deputy district attorney positions in their current “at-will” status or change them to civil service positions? Why?
Allison Jackson: I firmly believe they should be classified as civil service positions. It is unfortunate and has been detrimental to this community not to have had job security in the District Attorney’s Office dependent upon experience and success as opposed to politics. The lack of civil service status for the attorneys has resulted in the loss of so many seasoned and experienced deputy district attorneys due to politics and it has severely impacted the administration of justice in this community.
Paul Gallegos: I would keep them in their current “at will” status. I have learned from my colleagues how important that is to the effective administration of justice.
30. Which department head should be in charge of the Code Enforcement Unit?
Allison Jackson: County Counsel.
Paul Gallegos: I don’t think it matters where it is so long as there clear lines of accountability
31. Could you support the consolidation of detectives from incorporated cities and the Sheriff’s Office into one bureau to help cut costs?
Allison Jackson: Not my decision. That would be intruding on the Constitutional Authority of another elected official, in this instance the County Sheriff and City Council Members.
Paul Gallegos: No.
32. There are those who believe law enforcement cannot fairly and objectively investigate acts of alleged police misconduct and officer-involved shootings. Inasmuch as the district attorney could ultimately end up prosecuting an officer if the facts point in that direction, do you think the district attorney has a similar problem with fairness and objectivity if he or his staff is involved in the investigation?
Allison Jackson: No. First of all, the Critical Incident Review Team investigates officer involved shootings. The Critical Incident Review Team is made up of various agencies in order to ensure objectivity. Second, as D.A., you should be following the law, and the laws that apply in officer involved shootings are clear. Unfortunately, recently we saw the D.A.’s Office used in a political manner in a case involving an officer involved shooting. In that case, I believe that the findings of the Critical Incident Review Team were ignored by the District Attorney who proceeded on his own. That matter was ultimately dismissed by the reviewing judge with some rather stern criticisms of the District Attorney’s role in that matter. Third, if a conflict arises, the D.A.’s Office must recuse itself from the investigation or prosecution. And speaking of D.A.’s investigators, when elected, one of my first acts would be to remove the arsenal of semi-automatic weapons and SWAT-like outfits from the DA’s Office.
Paul Gallegos: The problem with any agency investigating itself isn’t a problem of bias, it is a problem of the appearance of an impropriety. Our system has checks and balances in place to make sure there is always someone put in place as a check of potential abuse. If assisting in the investigation created a conflict in prosecuting cases, we would be precluded from prosecuting approximately 90% of all our cases. The majority of the cases we get requires and receives additional investigation of some sort. Further, the District Attorney is a State Officer with investigative responsibilities and duties. Whether we are invited or not, we are responsible for investigating all law enforcement shootings.
33. How important is (or would) diversity be in your hiring and promotional policies when balanced against qualifications and merit?
Allison Jackson: Diversity is always important but hiring and recruitment must always be based upon merit and ability.
Paul Gallegos: Diversity is nice. Competency is a must.
34. Do you believe the District Attorney’s percentage of criminal convictions is a reliable criterion for judging effectiveness?
Allison Jackson: No. If you simply use conviction rates, this ignores cases which were drastically plea bargained to obtain the conviction, or cases that were greatly over charged, or those in which the punishment does not fit the crime. For instance, when a rape charge is plea bargained to trespassing, you do get the conviction, but the punishment does not fit the crime. If you are charged with first degree murder with premeditation and you get a plea bargain to manslaughter, you would have the conviction, but again, the punishment does not fit the crime. These types of plea bargains have been unfortunately occurring with increasing frequency in this county thereby undermining the public’s trust in the administration of justice.
Paul Gallegos: No. I believe that using conviction rates to measure performance results in errors in each direction. It makes prosecutors timid and/or dishonest and it makes doing the right thing irrelevant. Prosecutors must be willing to take tough cases so they must be willing to lose. They must also be willing to do what is right and sometimes means they must dismiss cases. In short, if arresting someone or charging someone with a crime was evidence of guilt, we wouldn’t need juries. We have judges and juries make decisions of guilt instead of leaving it prosecutors. I believe in that separation of power.
35. In general do you believe it is better to prosecute a difficult case for a serious felony or to accept a plea bargain for a lesser offense?
Allison Jackson: Prosecute. Prosecute. Prosecute. It is imperative to prosecute a difficult case for a serious felony. A District Attorney does not do his job to accept a plea bargain for a lesser offense when there are questions regarding the quality (not quantity) of evidence. Those cases must be presented to a jury. Plea bargaining was severely limited by the voters of this state in 1982 with the passage of the “Victims Bill of Rights.” Since then the law is clear and it limits the plea bargaining and dismissal of charges to only those cases where: 1) there is not the evidence to prove the crime or; 2) a material witness is lost or; 3) the plea won’t result in a substantial difference in punishment. To put it another way, if the D.A .follows the law, then she must prosecute a difficult case for a serious felony and not accept a plea bargain.
Paul Gallegos: It depends on the cases. I think it is important to try tough cases. I think it is also important to make tough decisions. Sometimes that means you don’t try a case that you would like to try or others think you should try.
36. Considering the boundaries of prosecutorial discretion, do you believe it benefits the community more to take an extremely aggressive position toward corporations or seek justice through a more even-handed position?
Allison Jackson: Crimes must only be charged when the evidence will prove beyond a reasonable doubt that the person is guilty, not based upon who the person is. It is a breach of ethics to charge a case against someone to “send a message,” or to target any individual or group based upon politics.
Paul Gallegos: I don’t think anyone or any group should be singled out for a extremely aggressive position merely based on their status within that particular group. We punish conduct regardless of the individual or individuals engaged in it. Neither I nor my office take a particularly aggressive or favorable position as it relates to corporations.
37. What circumstances, if any, do you think it appropriate to make an effort to try a 16 or 17-year-old as an adult if he is charge with a serious offense?
Allison Jackson: That would be a case by case decision based upon the crime, the evidence and the law.
Paul Gallegos: Those circumstances are codified. We follow the law.
38. What circumstances, if any, would mandatory treatment for a crime involving substance abuse (including DUI) be better than criminal prosecution?
Allison Jackson: Again, this would be decided on a case by case basis, but violent and serious crimes should always be prosecuted. Mandatory treatment already exists for substance abuse crimes.
Paul Gallegos: Probably many. However, if someone violates the law and we have sufficient evidence of it, they are probably going to get prosecuted by us. We have no problem with them receiving treatment instead of custody. In fact, I believe in treatment and think it is a much better way to deal with addiction (generally) than custody. However, what makes it mandatory is involvement. Up until that point, it is voluntary.
39. If elected, what would your policy be for handling illegal aliens who have committed no crime other than illegally entering the country?
Allison Jackson: Immigration issues are Federal crimes and are handled at the Federal level and not on the county level.
Paul Gallegos: Immigration is a federal issue. ICE notifies INS and we operate on the assumption that they are doing their job.
40. If elected, what would your policy be for handling illegal aliens who have also committed a crime in addition to entering the country illegally?
Allison Jackson: I would prosecute them like anyone else.
Paul Gallegos: We prosecute people who commit crimes. If they are here illegally and commit a crime, they are in trouble with both us and the US Attorney’s office.
41. Should marijuana be legalized and taxed?
Allison Jackson: The state needs to either correct the current law or legalize marijuana.
Paul Gallegos: I think whatever the legislature wants to do they should do. The current hybridized system helps no one and law enforcement even less. I, personally, do not believe we should criminalize responsible adult behavior. I define responsible adult behavior generally as behavior that someone else engages in that I do not have to pay for. If they can use marijuana and I, or others, do not have to suffer or pay for their conduct, I do not believe the state should be involved in criminalizing it.
42. Homeless encampments are a problem in Humboldt County, especially from a health and safety standpoint. If elected, how will you handle the problem?
Allison Jackson: Coordinate with Health and Human Services, continue utilization of Homeless Court and work with law enforcement to respond in a way that balances public safety, public health and human decency.
Paul Gallegos: If homeless people are committing crimes and we have sufficient evidence of it, they will get prosecuted. If they are not, there is little that I, as an executive officer, can do about it. I believe the homelessness issue, as with many other issues, are issues that must be addressed by our County Board of Supervisors or our City Counsels. I believe there are solutions if people are willing to tackle the problem.
43. Humboldt County’s interpretation of the 215 law has spurred growth in marijuana production in residential communities that has seen increased fires and crime. What is your viewpoint on the illegal activity associated with the 215 laws and, as D.A., what will you do to ensure that the public and their property is protected?
Allison Jackson: 215 was poorly drafted and the current D.A.’s policies have made it worse. I would focus on large commercial grows and neighborhood grow houses. I would also focus on the destruction of private property (rentals) by vandalism or arson associated with commercial grown houses in neighborhoods and with the increasing environmental damage associated with it.
Paul Gallegos: When we have sufficient evidence of illegal activity, we prosecute those people. I do not have any actual documentation or evidence that supports the conclusion that there is either more crime or are more fires as a result of the Compassionate Use act. I would hope that the investigating agencies would forward any and all reports regarding such activity to us for possible prosecution. If they did, and there was sufficient evidence to prosecute those people, they would be prosecuted.
44. Do current “Driving Under The Influence” laws include both alcohol and cannabis? If so, what is the threshold for determining driving impairment when using cannabis and are both treated the same when charging a person?
Allison Jackson: Yes, the current DUI laws include alcohol, marijuana and all other drugs. The threshold for determining impairment is whether the evidence demonstrates to a jury beyond a reasonable doubt that the person was actually impaired. Paul Gallegos: Regardless, if a person is pulled over due to erratic driving, whether alcohol, prescription drugs or controlled/uncontrolled substances and found to be impaired, they can pose a risk to passengers and the public at large. As such all cases of driving while impaired are treated the same.
Yes. The threshold for determining any criminal case is whether there is sufficient admissible evidence to convince a neutral jury of the defendant’s guilt beyond a reasonable doubt. To us, driving under the influence is driving under the influence. However, proving that someone is driving under the influence does change based on the substance that they are under the influence of.
◼ link
1. Name:
Allison Jackson
Paul Gallegos
2. Age:
Allison Jackson: -
Paul Gallegos: 48
3. Marital Status:
Allison Jackson: Married
Paul Gallegos: Married
4. How long have you lived in Humboldt County?
Allison Jackson: Since 1994
Paul Gallegos: 16 years
5. Organization affiliations:
Allison Jackson: California State Bar Association. Friends of Cal-Ore Fish.
Paul Gallegos: California State Bar, Humboldt County State Bar, California District Attorneys Association, National District Attorneys Association
6. Why do you feel you would be the best choice for office?
Allison Jackson: Experience, tenacity and integrity.
Paul Gallegos: Under my leadership as District Attorney of Humboldt County, despite budget cuts and the resulting decrease in staff, crime has dropped significantly countywide, (uh, no it hasn't) prison commitments and asset forfeitures from drug crimes have gone up and we have increased the use of non-custodial alternatives such as drug and mental health treatment. We established our Criminal Investigations Unit, the Environmental Crimes and Consumer Protection Unit, the Sex Crimes Unit, the Worker’s Compensation Fraud Unit, the Domestic Violence Unit and the Bad Check Program. (uh not exactly) We have solved cold cases, make a practice of prosecuting difficult ones and improved our courtroom effectiveness by utilizing the latest technology to identify and investigate crime, track cases and individuals, communicate with witnesses, victims and law enforcement officers, share information and present courtroom visuals to assist the court and the jury in arriving at just decisions We have promoted confidence and reliability in the justice system by purchasing and promoting the usage of digital recorders to record all witness, victim and defendant statements by law enforcement countywide and by displaying a willingness to prosecute difficult and controversial cases. We have also worked to make Humboldt County a leader in the North Coast by providing both support and training to law enforcement throughout the North Coast. I am proud of the People that I work with and work we have done to improve public safety, promote and protect the liberties and protections of the United States Constitution and to further the general welfare of all people in Humboldt County and the State of California.
7. What are the duties and responsibilities of the position?
Allison Jackson: Administer the D.A.’s Office in a manner that demonstrates competence, leadership, preparing cases and charging appropriately for the crime
Paul Gallegos: The District Attorney is a state official, elected in a countywide election. The District Attorney fills the executive branch in the County in which he or she resides and is charged with enforcing the laws of the State of California while giving everyone the protections of the United States Constitution.
8. Please indicate the top three issues or themes selected for your campaign.
Allison Jackson: Holding those who have committed crimes fully accountable for those crimes according to proof; protecting and enforcing the constitutional and statutory rights of the accused and; vigorously protecting the constitutional and statutory rights of victims and victim’s families.
Paul Gallegos: Under my leadership, we have made Humboldt County safer, we have promoted, encouraged and participated in crime prevention efforts and programs, we have expanded victim services (uh, no, he has lost Victim Witness grants and positions) and we have made the office more effective, more efficient and more accessible to the People of Humboldt County.
9. Please name your sponsors and principal supporters.
Allison Jackson: I am proud to be supported by people from across political and ideological spectrum, as this is a non-partisan office. A partial list of supporters is attached.
Paul Gallegos: My supporters are and have been the citizens of Humboldt County. That support has been and is broad based without regard for party affiliation. A list of endorsements is attached.
10. Do you believe that the position should be affiliated with a political party?
Allison Jackson: No.
Paul Gallegos: No. Unlike a legislative officer, my job is to enforce the laws of the State of California whether I agree with them or not. My position is non-partisan. (funny then why do you have your supporters attacking her party affiliation?)
11. Would you describe your political views as liberal, moderate or conservative?
Allison Jackson: Some of each.
Paul Gallegos: My political view is the promotion of the ideas and goals of the Declaration of Independence and the protections and the limitations of the United States Constitution. I believe that the United States Constitution was intended to be a celebration of the individual as a member of a society. It is not, and cannot be, the triumph of the individual over society as that is anarchy. Neither can it be the triumph of society over the individual as that is tyranny. I believe in and support my country and my government and believe it is, as described, a government of the people, by the people, for the people. (NOTE: his supporters support him because he is progressive and they seek to accrue a progressive power structure, clearly stated, not even hidden)
12. What is the proper role of county government?
Allison Jackson: To represent and serve county residents and interact with state representatives.
Paul Gallegos: (another lecture) County government, like state and federal government, is separated into three branches. Each has a different function and responsibility. The District Attorney is a state officer that enforces state laws and county ordinances within the geographic boundary in which he or she is elected.
13. Are you concerned with the present level of local government spending versus revenues and, if elected, what role will you play in dealing with the situation?
Allison Jackson: I will budget responsibly, spend judiciously.
Paul Gallegos: Yes. Profoundly. I have dealt with this issue for seven years. I have always worked within my budget and, despite recurring budget cuts, have insisted that we continue to provide and expand our services to this community. (uh, no, his budget has gone up not down)
14. Who do you see as your ultimate boss?
Allison Jackson: The residents of Humboldt County, especially victims of violent crimes.
Paul Gallegos: Personally: God. Politically: the People. (do you think he was laughing as he answered this?)
15. When was the last time you read the Constitution of the United States and do you agree with its principles or do you consider the Constitution to be outdated?
Allison Jackson: I keep a copy in my purse, read it regularly, and consider it to be the ultimate and guiding law of the land.
Paul Gallegos: I studied the United States Constitution in the law school, I taught the United States Constitution when I was a professor at Humboldt State University, (NOTE: He is NOT A PROFESSOR) I read it and discuss it with my friends, with my colleagues, with the Courts and almost every time I am asked to speak to students and members of our community. The United States Constitution is the framework of all discussions regarding criminal law. The United States Constitution, unlike many systems of government, seeks to balance the competing interests of the individual and society by protecting society from the individual while protecting the individual from society. There is little, if anything, that is done in our criminal courts that does not involve discussion of the United States Constitution. Therefore, I have to be familiar with it, with case law that has explained it, and on the groundwork upon which it was created such as the federalist papers. My job also requires me to support and uphold it and I do every day.
16. How do those principles relate to the office you are seeking?
Allison Jackson: Those principles define it and guide it.
Paul Gallegos: I am sworn to uphold and defend the United States Constitution and I do every day.
17. What is your position regarding respect and allegiance to the Flag of the United States?
Allison Jackson: This question does not pertain to the functioning of the D.A.’s Office, but on a personal note I would say that pledge is more than words, it is an affirmation of support for our country and its citizens.
Paul Gallegos: I respect and have sworn allegiance to the flag of the United States. My father, my uncle, my grandfather are buried in Arlington National Cemetery as a result of their commitment to this country and my family has fought for and served this country for well over a hundred years. The flag is symbol of this country and the sacrifices that others have made on behalf of it. Therefore, while I do not see it as holy, I do see it as immense and powerful symbol of our country and the sacrifices of those that serve it.
18. What is your position on public prayer?
Allison Jackson: This question does not pertain to the functioning of the D.A.’s Office.
Paul Gallegos: I believe in private prayer. Our constitution separated church and state for a reason. I do not believe God needs government support and I do not believe we need to have a government supported religion forced upon us.
19. Do you support the military in both its peacetime and wartime commitments? If “NO” what are your reservations?
Allison Jackson: This question does not pertain to the functioning of the D.A.’s Office.
Paul Gallegos: I support the people that serve this country. That necessarily includes those that serve in the military. My family has a long and extensive history of public and military service. The United States Military supports our government. There are times when I do not agree with what our government asks our military to do. I think it is fair to add that, should our military ever fail to serve our duly elected government, I would not support our military.
20. Do you support federal government bailouts of our nation’s most important industries?
Allison Jackson: This question does not pertain to the functioning of the D.A.’s Office.
Paul Gallegos: It depends on the circumstances. There are times when it may become necessary. However, I believe it should be the exception and not the rule and should be only as and if necessary for the welfare of the country.
21. If elected, what will you do to limit the size and scope of county government?
Allison Jackson: This is not a function of the District Attorney’s Office – however, as a Department Head, I would look for and implement efficiencies of scale, stay within budget and work to improve core functioning of staff.
Paul Gallegos: I am an executive officer. I get little or any say in that decision. My office is underfunded and understaffed as a result of that underfunding. My office has dealt with budget cuts after budget cuts while others have not. I think that adequately funding my office should be priority. (That us a categorical lie)
22. If elected, what will you do to reduce fraud and abuse of taxpayers’ money?
Allison Jackson: Prosecute those who commit fraud and criminally wrong taxpayers.
Paul Gallegos: We actively prosecute fraud. We have a Worker’s Compensation Fraud Unit and a Consumer Fraud Unit. Government money belongs to the People it should be used to serve the People. If we have sufficient evidence that someone is taking government money for their own personal use, we work to create a disincentive for them and others that would engage in that type of behavior.
23. What is your position on legislative earmarks?
Allison Jackson: This question does not pertain to the functioning of the D.A.’s Office.
Paul Gallegos: I am an executive officer. Much associated with the legislative process annoys me.
24. How long have you practiced law?
Allison Jackson: Since 1991.
Paul Gallegos: Since 1992.
25. Please name the types of law: (criminal, personal injury, etc.) that you have practiced and for how long?
Allison Jackson: Resume attached.
Paul Gallegos: I have practiced criminal law for the entirety of my legal career and practiced civil law for the entirety as well. In the civil arena, I have handled all types of civil cases that our office handles and, while in private practice, handled a wide variety of civil cases from insurance defense to personal injury and civil rights and government liability cases.
26. Does your legal practice try civil and /or criminal cases? If so, what court do you regularly appear before?
Allison Jackson: Both civil and criminal. I regularly appear before both state and federal court. My jury trial experience is extensive and very successful.
Paul Gallegos: I am before all of our courts on a regular practice and have tried cases before all of our judges.
27. Overall, how many civil and criminal cases have you tried, and how often have you won those cases? How many cases were before juries?
Allison Jackson: I was a Senior Felony Trial Prosecutor until 2004. Most, if not all cases were tried before juries, with an overwhelming success rate. I have tried so many cases, it would be impossible to even begin to list.
Paul Gallegos: I think a conservative estimate is that I have tried somewhere between 70 to 100 plus jury trials to verdict. I suspect it is over 100 but don’t keep such records and that number is based on an average per year over my career. I have probably lost at least 10 trials.
28. How do you define your relationship with local/state/federal law enforcement?
Allison Jackson: Exceptionally good.
Paul Gallegos: As indicated above, I am a State Officer charged with enforcing the laws of the state of California. I must do that without fear or favor. While I strive for and we have a very good working relationship with local, state and federal law enforcement, it must always be an independent relationship and my decisions must be made independently.
29. If elected, would you keep the deputy district attorney positions in their current “at-will” status or change them to civil service positions? Why?
Allison Jackson: I firmly believe they should be classified as civil service positions. It is unfortunate and has been detrimental to this community not to have had job security in the District Attorney’s Office dependent upon experience and success as opposed to politics. The lack of civil service status for the attorneys has resulted in the loss of so many seasoned and experienced deputy district attorneys due to politics and it has severely impacted the administration of justice in this community.
Paul Gallegos: I would keep them in their current “at will” status. I have learned from my colleagues how important that is to the effective administration of justice.
30. Which department head should be in charge of the Code Enforcement Unit?
Allison Jackson: County Counsel.
Paul Gallegos: I don’t think it matters where it is so long as there clear lines of accountability
31. Could you support the consolidation of detectives from incorporated cities and the Sheriff’s Office into one bureau to help cut costs?
Allison Jackson: Not my decision. That would be intruding on the Constitutional Authority of another elected official, in this instance the County Sheriff and City Council Members.
Paul Gallegos: No.
32. There are those who believe law enforcement cannot fairly and objectively investigate acts of alleged police misconduct and officer-involved shootings. Inasmuch as the district attorney could ultimately end up prosecuting an officer if the facts point in that direction, do you think the district attorney has a similar problem with fairness and objectivity if he or his staff is involved in the investigation?
Allison Jackson: No. First of all, the Critical Incident Review Team investigates officer involved shootings. The Critical Incident Review Team is made up of various agencies in order to ensure objectivity. Second, as D.A., you should be following the law, and the laws that apply in officer involved shootings are clear. Unfortunately, recently we saw the D.A.’s Office used in a political manner in a case involving an officer involved shooting. In that case, I believe that the findings of the Critical Incident Review Team were ignored by the District Attorney who proceeded on his own. That matter was ultimately dismissed by the reviewing judge with some rather stern criticisms of the District Attorney’s role in that matter. Third, if a conflict arises, the D.A.’s Office must recuse itself from the investigation or prosecution. And speaking of D.A.’s investigators, when elected, one of my first acts would be to remove the arsenal of semi-automatic weapons and SWAT-like outfits from the DA’s Office.
Paul Gallegos: The problem with any agency investigating itself isn’t a problem of bias, it is a problem of the appearance of an impropriety. Our system has checks and balances in place to make sure there is always someone put in place as a check of potential abuse. If assisting in the investigation created a conflict in prosecuting cases, we would be precluded from prosecuting approximately 90% of all our cases. The majority of the cases we get requires and receives additional investigation of some sort. Further, the District Attorney is a State Officer with investigative responsibilities and duties. Whether we are invited or not, we are responsible for investigating all law enforcement shootings.
33. How important is (or would) diversity be in your hiring and promotional policies when balanced against qualifications and merit?
Allison Jackson: Diversity is always important but hiring and recruitment must always be based upon merit and ability.
Paul Gallegos: Diversity is nice. Competency is a must.
34. Do you believe the District Attorney’s percentage of criminal convictions is a reliable criterion for judging effectiveness?
Allison Jackson: No. If you simply use conviction rates, this ignores cases which were drastically plea bargained to obtain the conviction, or cases that were greatly over charged, or those in which the punishment does not fit the crime. For instance, when a rape charge is plea bargained to trespassing, you do get the conviction, but the punishment does not fit the crime. If you are charged with first degree murder with premeditation and you get a plea bargain to manslaughter, you would have the conviction, but again, the punishment does not fit the crime. These types of plea bargains have been unfortunately occurring with increasing frequency in this county thereby undermining the public’s trust in the administration of justice.
Paul Gallegos: No. I believe that using conviction rates to measure performance results in errors in each direction. It makes prosecutors timid and/or dishonest and it makes doing the right thing irrelevant. Prosecutors must be willing to take tough cases so they must be willing to lose. They must also be willing to do what is right and sometimes means they must dismiss cases. In short, if arresting someone or charging someone with a crime was evidence of guilt, we wouldn’t need juries. We have judges and juries make decisions of guilt instead of leaving it prosecutors. I believe in that separation of power.
35. In general do you believe it is better to prosecute a difficult case for a serious felony or to accept a plea bargain for a lesser offense?
Allison Jackson: Prosecute. Prosecute. Prosecute. It is imperative to prosecute a difficult case for a serious felony. A District Attorney does not do his job to accept a plea bargain for a lesser offense when there are questions regarding the quality (not quantity) of evidence. Those cases must be presented to a jury. Plea bargaining was severely limited by the voters of this state in 1982 with the passage of the “Victims Bill of Rights.” Since then the law is clear and it limits the plea bargaining and dismissal of charges to only those cases where: 1) there is not the evidence to prove the crime or; 2) a material witness is lost or; 3) the plea won’t result in a substantial difference in punishment. To put it another way, if the D.A .follows the law, then she must prosecute a difficult case for a serious felony and not accept a plea bargain.
Paul Gallegos: It depends on the cases. I think it is important to try tough cases. I think it is also important to make tough decisions. Sometimes that means you don’t try a case that you would like to try or others think you should try.
36. Considering the boundaries of prosecutorial discretion, do you believe it benefits the community more to take an extremely aggressive position toward corporations or seek justice through a more even-handed position?
Allison Jackson: Crimes must only be charged when the evidence will prove beyond a reasonable doubt that the person is guilty, not based upon who the person is. It is a breach of ethics to charge a case against someone to “send a message,” or to target any individual or group based upon politics.
Paul Gallegos: I don’t think anyone or any group should be singled out for a extremely aggressive position merely based on their status within that particular group. We punish conduct regardless of the individual or individuals engaged in it. Neither I nor my office take a particularly aggressive or favorable position as it relates to corporations.
37. What circumstances, if any, do you think it appropriate to make an effort to try a 16 or 17-year-old as an adult if he is charge with a serious offense?
Allison Jackson: That would be a case by case decision based upon the crime, the evidence and the law.
Paul Gallegos: Those circumstances are codified. We follow the law.
38. What circumstances, if any, would mandatory treatment for a crime involving substance abuse (including DUI) be better than criminal prosecution?
Allison Jackson: Again, this would be decided on a case by case basis, but violent and serious crimes should always be prosecuted. Mandatory treatment already exists for substance abuse crimes.
Paul Gallegos: Probably many. However, if someone violates the law and we have sufficient evidence of it, they are probably going to get prosecuted by us. We have no problem with them receiving treatment instead of custody. In fact, I believe in treatment and think it is a much better way to deal with addiction (generally) than custody. However, what makes it mandatory is involvement. Up until that point, it is voluntary.
39. If elected, what would your policy be for handling illegal aliens who have committed no crime other than illegally entering the country?
Allison Jackson: Immigration issues are Federal crimes and are handled at the Federal level and not on the county level.
Paul Gallegos: Immigration is a federal issue. ICE notifies INS and we operate on the assumption that they are doing their job.
40. If elected, what would your policy be for handling illegal aliens who have also committed a crime in addition to entering the country illegally?
Allison Jackson: I would prosecute them like anyone else.
Paul Gallegos: We prosecute people who commit crimes. If they are here illegally and commit a crime, they are in trouble with both us and the US Attorney’s office.
41. Should marijuana be legalized and taxed?
Allison Jackson: The state needs to either correct the current law or legalize marijuana.
Paul Gallegos: I think whatever the legislature wants to do they should do. The current hybridized system helps no one and law enforcement even less. I, personally, do not believe we should criminalize responsible adult behavior. I define responsible adult behavior generally as behavior that someone else engages in that I do not have to pay for. If they can use marijuana and I, or others, do not have to suffer or pay for their conduct, I do not believe the state should be involved in criminalizing it.
42. Homeless encampments are a problem in Humboldt County, especially from a health and safety standpoint. If elected, how will you handle the problem?
Allison Jackson: Coordinate with Health and Human Services, continue utilization of Homeless Court and work with law enforcement to respond in a way that balances public safety, public health and human decency.
Paul Gallegos: If homeless people are committing crimes and we have sufficient evidence of it, they will get prosecuted. If they are not, there is little that I, as an executive officer, can do about it. I believe the homelessness issue, as with many other issues, are issues that must be addressed by our County Board of Supervisors or our City Counsels. I believe there are solutions if people are willing to tackle the problem.
43. Humboldt County’s interpretation of the 215 law has spurred growth in marijuana production in residential communities that has seen increased fires and crime. What is your viewpoint on the illegal activity associated with the 215 laws and, as D.A., what will you do to ensure that the public and their property is protected?
Allison Jackson: 215 was poorly drafted and the current D.A.’s policies have made it worse. I would focus on large commercial grows and neighborhood grow houses. I would also focus on the destruction of private property (rentals) by vandalism or arson associated with commercial grown houses in neighborhoods and with the increasing environmental damage associated with it.
Paul Gallegos: When we have sufficient evidence of illegal activity, we prosecute those people. I do not have any actual documentation or evidence that supports the conclusion that there is either more crime or are more fires as a result of the Compassionate Use act. I would hope that the investigating agencies would forward any and all reports regarding such activity to us for possible prosecution. If they did, and there was sufficient evidence to prosecute those people, they would be prosecuted.
44. Do current “Driving Under The Influence” laws include both alcohol and cannabis? If so, what is the threshold for determining driving impairment when using cannabis and are both treated the same when charging a person?
Allison Jackson: Yes, the current DUI laws include alcohol, marijuana and all other drugs. The threshold for determining impairment is whether the evidence demonstrates to a jury beyond a reasonable doubt that the person was actually impaired. Paul Gallegos: Regardless, if a person is pulled over due to erratic driving, whether alcohol, prescription drugs or controlled/uncontrolled substances and found to be impaired, they can pose a risk to passengers and the public at large. As such all cases of driving while impaired are treated the same.
Yes. The threshold for determining any criminal case is whether there is sufficient admissible evidence to convince a neutral jury of the defendant’s guilt beyond a reasonable doubt. To us, driving under the influence is driving under the influence. However, proving that someone is driving under the influence does change based on the substance that they are under the influence of.
8.18.2010
Election Roundup: Humboldt DA candidate Allison Jackson to host meet and greet
◼ Election Roundup: Humboldt DA candidate Allison Jackson to host meet and greet
Humboldt County District Attorney candidate Allison Jackson will host a meet-and-greet event from 5 p.m. to 7 p.m. tonight at Avalon Restaurant and Bar, 239 G St. in Eureka.
The evening will feature hors d'oeuvres and coffee, as well as a no-host bar. Jackson will be on hand to meet voters and answer their questions.
Jackson, who is currently a partner in the Eureka-based Harland Law Firm, worked in Humboldt, Santa Cruz and Santa Clara county district attorney offices.
Election Roundup runs on a regular basis during the election season. Submissions are subject to editing. To submit information for the Election Roundup, send an e-mail to editor@times-standard.com with the word “politics” in the subject line.
Humboldt County District Attorney candidate Allison Jackson will host a meet-and-greet event from 5 p.m. to 7 p.m. tonight at Avalon Restaurant and Bar, 239 G St. in Eureka.
The evening will feature hors d'oeuvres and coffee, as well as a no-host bar. Jackson will be on hand to meet voters and answer their questions.
Jackson, who is currently a partner in the Eureka-based Harland Law Firm, worked in Humboldt, Santa Cruz and Santa Clara county district attorney offices.
Election Roundup runs on a regular basis during the election season. Submissions are subject to editing. To submit information for the Election Roundup, send an e-mail to editor@times-standard.com with the word “politics” in the subject line.
5.31.2010
Eye - Political ‘Harassment’ Claim Refuted
Don't miss the comments:
◼ Political ‘Harassment’ Claim Refuted
– May 29, 2010
Saturday, May 29, 2010
Daniel Mintz
Eye Correspondent
HUMBOLDT – A DA candidate’s belief that Eureka humanitarian Betty Chinn was the target of politically-related “harassment” has been refuted by Chinn.
Chinn had been listed as one of DA candidate Allison Jackson’s endorsers on her campaign website but Chinn’s name was recently removed from the list. Asked why, Jackson e-mailed a statement explaining that Chinn’s “public support was impacting her personally” and so her name was removed.
“I am deeply troubled that she has had to endure any type of harassment due to her support of me in this election,” said Jackson.
But Chinn said that she asked that her name be removed because she didn’t intend to be an endorser. “I stay out of politics,” she said. “It’s not my area, my area is helping the poor.”
Chinn also wants to clarify that she hasn’t had to deal with any harassment. “This is a loving community and to come out and say that I’ve been harassed is not true,” she said. “I came here from communist China, I’ve never felt that I’ve been mistreated by anyone here.”
The first and only time Chinn met Jackson was at an event last February, Chinn continued. “I never said I support her, I did say that I admire her and what she’s doing,” she said, adding that the feedback she got after being listed on Jackson’s website was benign.
“Some people did tell me, ‘Betty, I know you never get involved in politics,’” Chinn said.
How did the supposed endorsement emerge and what constituted the perception of harassment? Jackson said that Chinn was with Rex Bohn, one of her friends, when they met last February. “I asked Rex to contact her to ask if I could use her name and was told that she supports me,” Jackson continued.
She said that in mid-May, Chinn left a phone message indicating she wanted her name removed. When Jackson asked Bohn about it, “All I was told was that she’d received numerous contacts who told her it could jeopardize her work,” Jackson said.
She said she wrote Chinn a letter thanking her and explaining that “I felt ill that anything from this could affect her work because I care about her so deeply,” Jackson continued.
Attributing the situation to miscommunication, Jackson emphasized that she truly believed Chinn had endorsed her and that after hearing she’d gotten numerous phone calls about it, she was concerned for her.
“I am deeply saddened by all of this and the way it’s been spun,” said Jackson.
Tags: election, Jackson
This entry was posted on Saturday, May 29th, 2010 at 2:34 pm and is filed under Election 2010, News. You can follow any responses to this entry through the RSS 2.0 feed.
8 Responses to “Political ‘Harassment’ Claim Refuted – May 29, 2010”
Richard
May 29, 2010 at 5:12 pm
The only “spin” here has been by Ms. Jackson herself.
#2999
Richard
May 30, 2010 at 9:54 am
Here is the original story copied from the printed page of the Arcata Eye:
CHINN CHASED AWAY FROM JACKSON CAMP
(photo of Betty here, with the word: HARRASSED printed below her name)
The removal of the name of one of DA candidate Allison Jackson’s endorsers from her website has sparked speculation and Jackson has said it was done to spare the endorser from politically-related “harassment.”
Political observers have noticed that Betty Chinn’s name has been removed from Jackson’s endorsement list. Chinn’s efforts on Eureka-based free food programs and a new shower facility have gained widespread attention and she’s one of Jackson’s more well-known supporters.
But when her name was removed, it seemed as if her support was withdrawn. Contacted about it, Jackson said the removal of Chinn’s name was done to shield her from reactions to the endorsement.
“While I am honored to have Betty’s support, when I became aware that her public support was impacting her personally and may have impact on her work for those who need our compassion in this community, I removed her name as a formal supporter so as not to have it impact either her or her work,” said Jackson.
She added, “I am deeply troubled that she has had to endure any type of harassment due to her support of me in this election. I have thanked her privately and will continue to thank her for her private support.”
Attempts to contact Chinn were unsuccessful.
#3030
kevpod
May 30, 2010 at 10:14 am
Mr. Nice, er, Richard, why did you edit the byline and dateline out of the story? And why don’t you post some of our lovely correspondence from the last few days? I mean, if you want to provide a complete picture.
#3031
Terrence McNally
May 30, 2010 at 10:30 am
At least he put his name on a post this time…
#3033
kevpod
May 30, 2010 at 10:32 am
In Richard’s defense, he signs his writing. Don’t you remember R. Trent Williams?
#3034
Terrence McNally
May 30, 2010 at 10:45 am
That was classic. Turd blossom politics at its finest.
You think Williams typeset that print story for him?
#3036
kevpod
May 30, 2010 at 10:52 am
Either R. Trent or another in his stable of handy-dandy sock puppets. Maybe the argyle one with the button nose.
#3038
Terrence McNally
May 30, 2010 at 10:57 am
Probably the idealistic rainbow-colored sock that wants to work for change… until becoming desperately cynical watching Richard make the sausage.
◼ Political ‘Harassment’ Claim Refuted
– May 29, 2010
Saturday, May 29, 2010
Daniel Mintz
Eye Correspondent
HUMBOLDT – A DA candidate’s belief that Eureka humanitarian Betty Chinn was the target of politically-related “harassment” has been refuted by Chinn.
Chinn had been listed as one of DA candidate Allison Jackson’s endorsers on her campaign website but Chinn’s name was recently removed from the list. Asked why, Jackson e-mailed a statement explaining that Chinn’s “public support was impacting her personally” and so her name was removed.
“I am deeply troubled that she has had to endure any type of harassment due to her support of me in this election,” said Jackson.
But Chinn said that she asked that her name be removed because she didn’t intend to be an endorser. “I stay out of politics,” she said. “It’s not my area, my area is helping the poor.”
Chinn also wants to clarify that she hasn’t had to deal with any harassment. “This is a loving community and to come out and say that I’ve been harassed is not true,” she said. “I came here from communist China, I’ve never felt that I’ve been mistreated by anyone here.”
The first and only time Chinn met Jackson was at an event last February, Chinn continued. “I never said I support her, I did say that I admire her and what she’s doing,” she said, adding that the feedback she got after being listed on Jackson’s website was benign.
“Some people did tell me, ‘Betty, I know you never get involved in politics,’” Chinn said.
How did the supposed endorsement emerge and what constituted the perception of harassment? Jackson said that Chinn was with Rex Bohn, one of her friends, when they met last February. “I asked Rex to contact her to ask if I could use her name and was told that she supports me,” Jackson continued.
She said that in mid-May, Chinn left a phone message indicating she wanted her name removed. When Jackson asked Bohn about it, “All I was told was that she’d received numerous contacts who told her it could jeopardize her work,” Jackson said.
She said she wrote Chinn a letter thanking her and explaining that “I felt ill that anything from this could affect her work because I care about her so deeply,” Jackson continued.
Attributing the situation to miscommunication, Jackson emphasized that she truly believed Chinn had endorsed her and that after hearing she’d gotten numerous phone calls about it, she was concerned for her.
“I am deeply saddened by all of this and the way it’s been spun,” said Jackson.
Tags: election, Jackson
This entry was posted on Saturday, May 29th, 2010 at 2:34 pm and is filed under Election 2010, News. You can follow any responses to this entry through the RSS 2.0 feed.
8 Responses to “Political ‘Harassment’ Claim Refuted – May 29, 2010”
Richard
May 29, 2010 at 5:12 pm
The only “spin” here has been by Ms. Jackson herself.
#2999
Richard
May 30, 2010 at 9:54 am
Here is the original story copied from the printed page of the Arcata Eye:
CHINN CHASED AWAY FROM JACKSON CAMP
(photo of Betty here, with the word: HARRASSED printed below her name)
The removal of the name of one of DA candidate Allison Jackson’s endorsers from her website has sparked speculation and Jackson has said it was done to spare the endorser from politically-related “harassment.”
Political observers have noticed that Betty Chinn’s name has been removed from Jackson’s endorsement list. Chinn’s efforts on Eureka-based free food programs and a new shower facility have gained widespread attention and she’s one of Jackson’s more well-known supporters.
But when her name was removed, it seemed as if her support was withdrawn. Contacted about it, Jackson said the removal of Chinn’s name was done to shield her from reactions to the endorsement.
“While I am honored to have Betty’s support, when I became aware that her public support was impacting her personally and may have impact on her work for those who need our compassion in this community, I removed her name as a formal supporter so as not to have it impact either her or her work,” said Jackson.
She added, “I am deeply troubled that she has had to endure any type of harassment due to her support of me in this election. I have thanked her privately and will continue to thank her for her private support.”
Attempts to contact Chinn were unsuccessful.
#3030
kevpod
May 30, 2010 at 10:14 am
Mr. Nice, er, Richard, why did you edit the byline and dateline out of the story? And why don’t you post some of our lovely correspondence from the last few days? I mean, if you want to provide a complete picture.
#3031
Terrence McNally
May 30, 2010 at 10:30 am
At least he put his name on a post this time…
#3033
kevpod
May 30, 2010 at 10:32 am
In Richard’s defense, he signs his writing. Don’t you remember R. Trent Williams?
#3034
Terrence McNally
May 30, 2010 at 10:45 am
That was classic. Turd blossom politics at its finest.
You think Williams typeset that print story for him?
#3036
kevpod
May 30, 2010 at 10:52 am
Either R. Trent or another in his stable of handy-dandy sock puppets. Maybe the argyle one with the button nose.
#3038
Terrence McNally
May 30, 2010 at 10:57 am
Probably the idealistic rainbow-colored sock that wants to work for change… until becoming desperately cynical watching Richard make the sausage.
TS (WillitsNews) - Humboldt County DA candidates talk administration
◼ Humboldt County DA candidates talk administration
Editor's Note: This is the first in a three-part series looking at the primary issues that have been raised in the district attorney's race:
It's arguably the most powerful position in the county.
The Humboldt County district attorney is tasked with running a team of trial attorneys and a unit of armed investigators, all of whom exercise a lot of discretion and wield a great deal of power. The district attorney is also ultimately tasked with deciding who gets charged with a crime and who doesn't. They have the power to defend the weak, stand up for victims, protect the innocent and punish the guilty. They also have the power to destroy lives, as false charges often leave stains that don't wash away.
The amount of responsibility the office holds is evident even in its basic job description, as the National District Attorneys Association lists the primary responsibility of a top prosecutor as seeing “that justice is accomplished.”
The nature of the position also leaves much of a district attorney's work shielded out of view from the public, which generally doesn't get to see the intricacies of a charging decision, sit through a trial or even spend a day watching a deputy district attorney work his or her way through a court calendar.
So, any time a district attorney's chair is up for election, the stakes are high and the race is likely to get contentious. This year's race is no different, with challengers Allison Jackson and Paul Hagen looking to unseat two-term incumbent Paul Gallegos.
This is the first in a three-part series looking at the primary issues that have been raised in the race. This story will focus on administering the district attorney's office, the second story will focus on marijuana policy and the final installment will take a look at plea bargains and their role in the justice system.
When it comes to Gallegos' ability to administer and run his office, Hagen and Jackson have no shortage of criticism. They contend he has failed to hire and retain quality prosecutors, that he spends too much time in the courtroom and not enough managing and mentoring staff, and that disorganization in the office repeatedly leads to dropped charges and ill-conceived plea agreements.
Gallegos denies all of that. First, he said he has some major administrative accomplishments under his belt, including bringing the office into the 21st century by introducing case management software to replace the index cards the office previously used to keep track of cases. Further, he said he's made sure every employee of the office uses e-mail and outfitted all investigators and attorneys with Blackberry cell phones, ensuring they're more accessible.
He also says he has a great team of talented, capable and hard-working prosecutors underneath him, that his office works well as a team with structures in place to mentor and nurture young attorneys and that his job is to try cases in the courtroom just as much as it is to administer the office.
When it comes to running the office, Hagen's primary charge is that Gallegos is simply not there enough to do the job because he spends too much time at trial.
”If your top priority is to be in trial, then everything else gets short shrift,” Hagen said. “Who's minding the store?”
While Hagen went so far as to say that a district attorney should only try a case from time to time to keep a finger on the pulse of local juries, Jackson criticized the amount of attention Gallegos puts on trials. She said it contributes to the “utter lack of supervision and guidance” she sees in the office, and Hagen said he simply believes Gallegos doesn't train or mentor staff well.
For his part, Gallegos is adamant that no administrative duties are left undone because of the time he spends in the courtroom. Further, with a small staff and a huge workload, Gallegos said he owes it to the office to lead from the front and take on as much as possible.
He chuckled at the notion that Hagen and Jackson say they will spend less time in court if elected.
”It really amazes me that both of them are essentially promising to do less work,” he said, adding that trials in the county only run until noon, leaving him the rest of the day to take care of things in the office. “If trials were all day or if I only worked a 40-hour work week, then maybe there would be some truth to (the criticism). But, a 40-hour work week is not a luxury I have.”
Further, Gallegos said he tries to promote leadership within his office, pointing directly to Assistant District Attorney Wes Keat and Chief Investigator Mike Hislop. Part of administering and part of leading, Gallegos said, is delegating. Even with his deputy district attorneys, Gallegos said he promotes people with leadership ability, which he said leaves the office with “multiple layers” of teachers.
Having said that, Gallegos quickly added that he also spends plenty of time working with his attorneys. Saying he simply loves trials and cases, he said he can't help but talk to all his prosecutors about the cases they are working on. He said he makes a point of going to court with new lawyers, or making sure another prosecutor does the same. But, Gallegos said he also hires competent attorneys and expects them to make competent decisions.
Jackson disputes the last notion, saying the office has a dearth of experienced, top-flight prosecutors. She said the office experienced an exodus of upper-level attorneys in the years after Gallegos was elected, and again after he was re-elected in 2006.
Further, Jackson said the office has a well-earned reputation for not having a stable, professional environment -- a reputation that has extended far enough that it has become difficult for the office to hire good attorneys from outside the area. She even went so far as to say that help-wanted advertisements from the Humboldt County District Attorney's Office have an “imaginary skull and crossbones” on them in attorney circles throughout the state.
”A law office rises and falls in how its staff is put together,” Jackson said, adding that Humboldt's top law office is in a free fall, in part, because of its staffing situation.
Gallegos vehemently denies this. First, he says that his office is fully staffed -- a notion that is buttressed by the county's job application web page, which lists no vacant positions in the office. Second, he said he would put his team of attorneys up against that of any like-sized office in the state.
”At every level here we have outstanding attorneys,” he said, pointing to the likes of deputy district attorneys Max Cardoza, Arnie Klein, Maggie Flemming, Ben McLaughlin, Allan Dollison, Kelly Neel and others, describing each of them in glowing terms. “You have a great collective brain trust here.”
If that's true, it's not always evident in court, according to Jackson. She said she's seen attorneys bring cases to preliminary hearing unprepared to prove the essential elements of a charge or meet the minimum burden of proof, she's seen cases dropped on the eve of trial and generally gets the impression that cases “languish” from the conclusion of a preliminary hearing until the time of trial.
According to statistics from the California Department of Justice, Gallegos' administration has seen more of its adult felony cases dismissed than that of his predecessor, Terry Farmer, the 20-year incumbent who Gallegos ousted in a surprise 2002 election victory. However, the statistics also indicate that Gallegos' office has filed more of that type of cases per year, and gotten more convictions.
According to the statistics, which only cover the last four years of Farmer's tenure and the first six of Gallegos', Farmer's office received about 1,836 adult felony cases a year and filed about 1,415 adult felony complaints a year. Farmer saw about 64.5 percent of his adult felony cases result in convictions annually, and about 11.75 percent result in charges being dismissed.
Gallegos, according to the stats, has seen his office receive about 2,221 adult felony case referrals a year, and file about 1,690 adult felony criminal complaints a year. Of those, Gallegos has seen about 63 percent result in convictions and about 12.66 percent result in charges being dismissed annually.
If elected in November, Jackson said her first order of business would be to review the entire office's staff in order to assess each individual's strengths and weaknesses. She said she would then review all the office's pending cases, starting with the most serious. Then, Jackson said she would re-assign cases vertically, ensuring that the most egregious charges are in the hands of the most skilled attorneys.
For his part, Hagen said, if elected, he will also immediately begin to meet with staff to assess abilities and strengths. Hagen said he would also likely review and change some office policies and procedures but, more importantly, would set a new standard for the office, letting staff know he expects their best and won't accept less.
Gallegos said he feels good about what he has accomplished in the office over the last eight years, but believes there is more work to be done.
All three firmly believe they are the best candidate for the job, and will be best able to manage what is arguably the county's most powerful office.
Thadeus Greenson can be reached at 441-0509 or tgreenson@times-standard.com.
Thadeus Greenson/The Times-Standard
Posted: 05/31/2010 01:30:18 AM PDT
Editor's Note: This is the first in a three-part series looking at the primary issues that have been raised in the district attorney's race:
It's arguably the most powerful position in the county.
The Humboldt County district attorney is tasked with running a team of trial attorneys and a unit of armed investigators, all of whom exercise a lot of discretion and wield a great deal of power. The district attorney is also ultimately tasked with deciding who gets charged with a crime and who doesn't. They have the power to defend the weak, stand up for victims, protect the innocent and punish the guilty. They also have the power to destroy lives, as false charges often leave stains that don't wash away.
The amount of responsibility the office holds is evident even in its basic job description, as the National District Attorneys Association lists the primary responsibility of a top prosecutor as seeing “that justice is accomplished.”
The nature of the position also leaves much of a district attorney's work shielded out of view from the public, which generally doesn't get to see the intricacies of a charging decision, sit through a trial or even spend a day watching a deputy district attorney work his or her way through a court calendar.
So, any time a district attorney's chair is up for election, the stakes are high and the race is likely to get contentious. This year's race is no different, with challengers Allison Jackson and Paul Hagen looking to unseat two-term incumbent Paul Gallegos.
This is the first in a three-part series looking at the primary issues that have been raised in the race. This story will focus on administering the district attorney's office, the second story will focus on marijuana policy and the final installment will take a look at plea bargains and their role in the justice system.
When it comes to Gallegos' ability to administer and run his office, Hagen and Jackson have no shortage of criticism. They contend he has failed to hire and retain quality prosecutors, that he spends too much time in the courtroom and not enough managing and mentoring staff, and that disorganization in the office repeatedly leads to dropped charges and ill-conceived plea agreements.
Gallegos denies all of that. First, he said he has some major administrative accomplishments under his belt, including bringing the office into the 21st century by introducing case management software to replace the index cards the office previously used to keep track of cases. Further, he said he's made sure every employee of the office uses e-mail and outfitted all investigators and attorneys with Blackberry cell phones, ensuring they're more accessible.
He also says he has a great team of talented, capable and hard-working prosecutors underneath him, that his office works well as a team with structures in place to mentor and nurture young attorneys and that his job is to try cases in the courtroom just as much as it is to administer the office.
When it comes to running the office, Hagen's primary charge is that Gallegos is simply not there enough to do the job because he spends too much time at trial.
”If your top priority is to be in trial, then everything else gets short shrift,” Hagen said. “Who's minding the store?”
While Hagen went so far as to say that a district attorney should only try a case from time to time to keep a finger on the pulse of local juries, Jackson criticized the amount of attention Gallegos puts on trials. She said it contributes to the “utter lack of supervision and guidance” she sees in the office, and Hagen said he simply believes Gallegos doesn't train or mentor staff well.
For his part, Gallegos is adamant that no administrative duties are left undone because of the time he spends in the courtroom. Further, with a small staff and a huge workload, Gallegos said he owes it to the office to lead from the front and take on as much as possible.
He chuckled at the notion that Hagen and Jackson say they will spend less time in court if elected.
”It really amazes me that both of them are essentially promising to do less work,” he said, adding that trials in the county only run until noon, leaving him the rest of the day to take care of things in the office. “If trials were all day or if I only worked a 40-hour work week, then maybe there would be some truth to (the criticism). But, a 40-hour work week is not a luxury I have.”
Further, Gallegos said he tries to promote leadership within his office, pointing directly to Assistant District Attorney Wes Keat and Chief Investigator Mike Hislop. Part of administering and part of leading, Gallegos said, is delegating. Even with his deputy district attorneys, Gallegos said he promotes people with leadership ability, which he said leaves the office with “multiple layers” of teachers.
Having said that, Gallegos quickly added that he also spends plenty of time working with his attorneys. Saying he simply loves trials and cases, he said he can't help but talk to all his prosecutors about the cases they are working on. He said he makes a point of going to court with new lawyers, or making sure another prosecutor does the same. But, Gallegos said he also hires competent attorneys and expects them to make competent decisions.
Jackson disputes the last notion, saying the office has a dearth of experienced, top-flight prosecutors. She said the office experienced an exodus of upper-level attorneys in the years after Gallegos was elected, and again after he was re-elected in 2006.
Further, Jackson said the office has a well-earned reputation for not having a stable, professional environment -- a reputation that has extended far enough that it has become difficult for the office to hire good attorneys from outside the area. She even went so far as to say that help-wanted advertisements from the Humboldt County District Attorney's Office have an “imaginary skull and crossbones” on them in attorney circles throughout the state.
”A law office rises and falls in how its staff is put together,” Jackson said, adding that Humboldt's top law office is in a free fall, in part, because of its staffing situation.
Gallegos vehemently denies this. First, he says that his office is fully staffed -- a notion that is buttressed by the county's job application web page, which lists no vacant positions in the office. Second, he said he would put his team of attorneys up against that of any like-sized office in the state.
”At every level here we have outstanding attorneys,” he said, pointing to the likes of deputy district attorneys Max Cardoza, Arnie Klein, Maggie Flemming, Ben McLaughlin, Allan Dollison, Kelly Neel and others, describing each of them in glowing terms. “You have a great collective brain trust here.”
If that's true, it's not always evident in court, according to Jackson. She said she's seen attorneys bring cases to preliminary hearing unprepared to prove the essential elements of a charge or meet the minimum burden of proof, she's seen cases dropped on the eve of trial and generally gets the impression that cases “languish” from the conclusion of a preliminary hearing until the time of trial.
According to statistics from the California Department of Justice, Gallegos' administration has seen more of its adult felony cases dismissed than that of his predecessor, Terry Farmer, the 20-year incumbent who Gallegos ousted in a surprise 2002 election victory. However, the statistics also indicate that Gallegos' office has filed more of that type of cases per year, and gotten more convictions.
According to the statistics, which only cover the last four years of Farmer's tenure and the first six of Gallegos', Farmer's office received about 1,836 adult felony cases a year and filed about 1,415 adult felony complaints a year. Farmer saw about 64.5 percent of his adult felony cases result in convictions annually, and about 11.75 percent result in charges being dismissed.
Gallegos, according to the stats, has seen his office receive about 2,221 adult felony case referrals a year, and file about 1,690 adult felony criminal complaints a year. Of those, Gallegos has seen about 63 percent result in convictions and about 12.66 percent result in charges being dismissed annually.
If elected in November, Jackson said her first order of business would be to review the entire office's staff in order to assess each individual's strengths and weaknesses. She said she would then review all the office's pending cases, starting with the most serious. Then, Jackson said she would re-assign cases vertically, ensuring that the most egregious charges are in the hands of the most skilled attorneys.
For his part, Hagen said, if elected, he will also immediately begin to meet with staff to assess abilities and strengths. Hagen said he would also likely review and change some office policies and procedures but, more importantly, would set a new standard for the office, letting staff know he expects their best and won't accept less.
Gallegos said he feels good about what he has accomplished in the office over the last eight years, but believes there is more work to be done.
All three firmly believe they are the best candidate for the job, and will be best able to manage what is arguably the county's most powerful office.
Thadeus Greenson can be reached at 441-0509 or tgreenson@times-standard.com.
Thadeus Greenson/The Times-Standard
Posted: 05/31/2010 01:30:18 AM PDT
5.27.2010
JN - DA Trials - Gallegos, Hagen and Jackson make their case for the job of top prosecutor
◼ DA Trials - Gallegos, Hagen and Jackson make their case for the job of top prosecutor
(MAY 27, 2010) When handsome, young defense lawyer Paul Gallegos upset 20-year incumbent District Attorney Terry Farmer in 2002, many saw it as a watershed moment for Humboldt County politics — a landmark cultural shift away from the good ol’ boy conservativism that had dominated local government for generations in favor of stricter environmental accountability, a healthy respect for civil liberties and just general coolness (he surfs!). During his first few months in office, Gallegos made good on his campaign promise to shake things up by loosening medical marijuana guidelines and filing a massive fraud lawsuit against the Pacific Lumber Co.
Nearly eight years later, the DA’s office — and the politics surrounding it — have indeed changed profoundly. But if there’s a defining event from the Gallegos era thus far, it’s not his election but rather the failed recall attempt launched just three months into his first term. Funded by unscrupulous Palco CEO (hence defendant) Charles Hurwitz, the recall effort drove a wedge deep into existing fissures, both in the community — already polarized by the timber wars — and within the DA’s office, where staff remained bitter about Farmer’s ousting.
Allison Jackson
For supporters, the recall attempt turned Gallegos into a martyr. They viewed him as a courageous prosecutor being persecuted for standing up to corruption. Critics, meanwhile, charged that he was overreaching with the Palco suit at the expense of violent crime prosecutions. Though Gallegos handily defeated the recall effort, his detractors continued to accumulate cannon fodder: The Palco case was thrown out before reaching trial; the DA’s office suffered an exodus of experienced prosecutors, some leaving voluntary, others being canned; and in 2005, a Grand Jury report lambasted Gallegos for ineffectual leadership. Yet supporters stood by him, and in 2006, Gallegos defeated challenger Worth Dikeman (a Farmer loyalist who’d offered himself as a potential replacement during the recall try), thus marking his third election victory in four years.
In some circles, the discord of Gallegos’ first term has quietly festered during his second. Fault-finders have assiduously noted every plea bargain and loss — the Palco suit in particular, and also the case against two Eureka police officers for the shooting death of Cheri Lyn Moore. (The officers were acquitted after the judge ruled that Gallegos had misinformed the Grand Jury.) Supporters cite these same cases as evidence of Gallegos’ integrity; win or lose, they say, his decisions to prosecute reflect a refusal to be cowed by money or power. And they point to notable convictions, like that of corrupt Blue Lake Police Chief David Gundersen, as well as successes like the Curtis Huntzinger case, in which DA investigators garnered a full confession of child murder, 18 years after the fact.
Gallegos is now in the midst of a tough reelection campaign against two challengers, both of whom carry wounds from the battles of the past eight years: Allison Jackson, 50, a former Humboldt County Deputy DA now with Eureka’s Harland Law Firm, and Paul Hagen, 55, a former environmental circuit prosecutor now with Eureka firm Bragg, Perlman, Russ, Stunich and Eads. (A third challenger, former Deputy DA Kathleen Bryson, dropped out of the race last month citing family obligations.) In preparation for the June 8 primary election, each of these three lawyers sat down with the Journal to argue his or her case, looking to win over the jury of undecided voters.
Allison Jackson spent 10 years at the Humboldt County DA’s Office, earning a reputation as a tough-as-nails trial attorney specializing in child abuse, sexual assault and domestic violence cases. Gallegos fired her in 2004, shortly after the recall attempt. He was (and is) legally prevented from explaining why, but Jackson suggested, in the heat of the 2006 election, that she’d been fired in order to protect a defense attorney who presented forged evidence in court. Gallegos vehemently denied this. (“Forged Documents and Six Pounds of Weed,” May 18, 2006).
She’s now one of four partners at the Harland Law Firm, a 62-year-old civil firm housed in a handsomely renovated mechanics garage in Eureka. At the far end of the main hall, past bookshelves and ficus trees reaching from the parquet floor toward the steel crossbeams in the vaulted ceiling, lies Jackson’s office. Sitting behind her large mahogany desk on a recent Wednesday morning, Jackson said her decision to run for DA was not easy.
“I love my work here,” she said. “This building is beautiful. My partners are wonderful. My clients are wonderful. I absolutely adore my staff.” But she said she’s been approached by literally hundreds of people in recent years — in restaurants, banks, the post office — all asking her to please run for DA. Jackson herself has been one of Gallegos’ fiercest critics, questioning his knowledge of the law, challenging his office- and case-management abilities and condemning what she calls a revolving door of plea bargains. In the end, she said, her decision came down to “whether I could sleep in my skin at night.”
One of Jackson’s main passions as a litigator is protecting victims’ rights, a motive she traces back to the tragic and sudden death of her mother and stepfather at the hands of a drunk driver when she was 21. This occurred shortly before the Victims’ Bill of Rights was passed in 1982, so Jackson was not allowed to testify at the sentencing of the killer — an experience that firmly established her sympathy for victims. With her parents gone, she decided to abandon her dreams of becoming an anthropologist and wildlife photographer and instead became a lawyer, as her grandmother had been.
The Victims’ Bill of Rights not only expanded victims’ involvement in criminal trials, it also set limits on plea bargains. Therein lies Jackson’s most significant criticism of Gallegos. She believes that many of the deals he’s struck not only shortchanged victims and the public of justice, they were in fact illegal. She cites California Penal Code 1192.7, which prohibits plea bargaining in cases involving serious felonies unless a) the evidence is insufficient to prove the case, b) a witness disappears or c) the plea deal won’t substantially change the sentence.
Gallegos, she charged, has violated this statute countless times, most recently in the cases of Robert Bradshaw and Tracey Williams, both of whom were allowed to plead guilty to voluntary manslaughter rather than murder, and James Stanko, who pleaded to murder but not the string of armed robberies that preceded it. “It’s not any DA’s role in a serious or violent felony to usurp the jury function,” Jackson said. “If you have the evidence and the witnesses, you have to go forward.” As to how such allegedly unlawful pleas are allowed to occur, Jackson said, “I think there’s a fundamental lack of knowledge on [Gallegos’] part. I just can’t explain it any other way.”
She also criticized Gallegos’ “dismantling” of his senior-level deputy staff, saying she’s personally had to counsel inexperienced prosecutors from his office — and once even drafted a motion for one. There’s clearly a personal element to this gripe, since Jackson herself was among the deputy DA casualties. But she said the true tragedy of these departures (when combined with the time-consuming Palco case) was the effect they had on victims’ advocacy programs like the Child Abuse Services Team and domestic violence prosecutions.
The latter, Jackson said in another serious accusation, took a major step backward recently thanks to Gallegos’ handling of the Gundersen case, in which the Blue Lake police chief’s wife claimed she’d been repeatedly drugged and raped, only to recant her testimony in court. Jackson believes this change of heart stemmed from her treatment as a witness. “The DA’s office threatened this woman with arrest if she didn’t testify,” Jackson said. “They were engaging in the same type of abusive, harsh tactics the abuser was.” The fears of every rape victim — reprisal, badgering, public humiliation — were all realized in that case, Jackson said. And she’s convinced the subsequent county-wide drop in reported rapes is not coincidence.
“I intend to win this election,” she said, “and I intend to change all of that.”
Paul Hagen doesn’t drink coffee. Or alcohol, soda … not even tea. The human body is mostly water, he reasons, so drinking anything else pollutes it. Nevertheless, he agreed to meet outside Arcata’s Cafe Brio on a recent overcast morning, having skipped his weekly dawn swim through Stone Lagoon. One-on-one conversations with Hagen can be intense. When answering questions, he often looks off to the side, eyes darting as if tractor beams within them are retrieving data from the nearby sidewalk. He measures his words carefully, until, with his full thought more or less reeled in, he’ll turn, stare you straight in the eye and finish his point with articulate precision.
This no-nonsense disposition has served him well in court. From 1998 to 2006 he worked as an environmental circuit prosecutor for the California District Attorneys Association (CDAA). Deputized in Humboldt, Del Norte, Lake and, for a time, Mendocino counties, Hagen became the region’s top environmental prosecutor, investigating corporations large and small for such crimes as air and water pollution, archaeological looting and soil erosion. He won cases against Lockheed Martin, Louisiana Pacific and Pacific Lumber — twice.
In July 2006, however, he too was fired under politically charged circumstances. Hagen is convinced that his termination was retribution for questioning the endorsement process of the Humboldt County Democratic Central Committee, which ultimately backed Gallegos for reelection. Gallegos later acknowledged that he’d written two letters regarding Hagen’s work performance to the CDAA — at their request — but he told the Arcata Eye that Hagen’s theory was “way off the deep end.”
Hagen comes from Midwestern, blue-collar roots. He attended Northern Illinois University, where he served in student government and later interned for Congressman John B. Anderson. After graduating from the Washington University School of Law in St. Louis, Hagen moved with his wife to California, where he worked in construction, law clerking and various other jobs before being hired as an environmental analyst at Pillsbury, Madison and Sutro, then the state’s largest law firm. Prior to his work with the CDAA, Hagen taught environmental law at Cal State Hayward, San Francisco State University and S.F. City College and worked for the Mendocino County District Attorney’s Office. He now serves as Trinidad’s city attorney and handles a number of other clients, including the Shelter Cove Resort Improvement District and the California Teachers Association.
Hagen spoke of his track record in environmental prosecution with pride: “I did things nobody had done, went places nobody had gone, had successes nobody had tried.” He recalled a case against Lockheed Martin for hazardous waste remediation violations. “I filed a very unique motion asserting that corporations have no Fifth Amendment rights under the Constitution,” he said. “They fought it and lost.”
In Hagen’s quest to become DA, some have pointed to his lack of experience prosecuting serious violent felonies. Hagen counters that the same criticism could have been leveled at Gallegos before he got the job. Besides, he said, the rules of criminal jury trials are always the same, as is the goal: Get out the truth. And there he feels confident. “I learned early on that if you’re going to be a prosecutor, you have to be fearless in the face of the enemy,” he said.
Regarding Gallegos, Hagen questioned his judgment and competence in the Cheri Lyn Moore and Palco cases, pointing out that in both, a judge ruled that he’d failed to meet minimum standards to justify a trial. “You can say whatever you want about courage and willingness to take on corporations,” Hagen said. “I’ve taken on Palco and beat them — criminally and civilly.” He also questioned (as did Jackson) Gallegos’ decision to arm his investigators with AR-15 assault rifles. “It boggles my mind why they need them,” he said.
While serving on the Arcata Planning Commission, Hagen helped to rework the city’s marijuana ordinance so officials can combat grow houses based on land use code violations. He suggested this approach can be used elsewhere — including at the county level — and added that, if weed is legalized in November, it will allow local jurisdictions even greater leeway to regulate the industry. The only appropriate role for the District Attorney in that process, Hagen said, is to ensure that language in each ordinance provides a clear path for enforcement.
In closing, Hagen argued that being in tune with community priorities — having your finger on the pulse of the jury pool — is key to success as a DA. “I think I fit the county well and could do a very good job as DA,” he said.
In any election, the incumbent is subject to criticism of his tenure, an analysis that can be particularly thankless for district attorneys since, as Gallegos has said, the courts rarely produce satisfied customers. “People can criticize me for everything in this job,” he said last week during an interview in the DA’s office library, on the fourth floor of the county courthouse. “That’s the way it works. There isn’t a decision I make that doesn’t get criticized by every participant — because to the defendant I’m being too harsh. To law enforcement victims, too soft. The defense attorney, too harsh.”
What’s important, he argued, is that under his administration violent crime has been reduced despite drastic cuts to the office budget. In debates and on his campaign Web site he has pointed to statistics showing the rate of violent crimes — including homicide, rape, robbery and aggravated assault — between 1999 and 2008, the most recent year for which the state Department of Justice has compiled statistics. In 2003, Gallegos’ first year in office, the rate dropped a whopping 23 percent. By 2008 it remained 12 percent lower than in Farmer’s final year.
The significance and interpretation of these stats have been questioned by Gallegos’ challengers who argue that, first of all, violent crime has actuallyrisen 13.5 percent since 2003’s big drop. More importantly, they say, the factors that influence crime rates are far too nebulous and complex to justify any one person claiming responsibility. But Gallegos, who was called a “lightweight” when he first ran for the office, stuck to his guns. “People didn’t think we could bring down crime. I tell you, and I’ve told everyone, we can.” The stats, he said, are “an indication that my office continues to work well with law enforcement, despite all this hyperbole out there to the contrary.”
Gallegos dismissed Jackson’s allegations of unlawful plea deals as patently false, saying the court maintains a system of checks and balances to ensure such deals are appropriate. Furthermore, he said, with about 10,000 cases coming through the office each year and only five courtrooms in which to try them, plea deals are not only a logistical necessity, they’re often the best way to reach a swift conviction. “This is what plea bargains are,” he said. “They’re a bargain for the state [and] they’re a bargain for the people.”
Over the course of the interview, Gallegos was asked if, in retrospect, he would have done anything differently in the Palco, Gundersen or Cheri Lyn Moore cases. Each time he paused to consider before saying no. The charges were justified, he said, even if the court found otherwise. “We often disagree with the rulings, but we respect them.”
Gallegos defended his marijuana prosecution guidelines, saying the debate has been polluted by falsehoods and red herrings. So-called “home invasions,” for example, are actually robberies conducted during illegal business transactions, he said. Grow house vandalism is also a separate crime, he argued, one that shouldn’t infringe on the rights of legitimate medical marijuana users.
When his opponents’ objections to AR-15s came up, Gallegos simply said, “Crazy.” He then popped out of his chair and said, “Come talk to Billy [Honsal, one of the DA investigators].” Swinging open the library door, Gallegos led the way through the office toward the investigation unit, arguing while he walked. “I’m elected here in the county, but I’m a state officer,” he said. By extension, his investigative unit has authority above that of local law enforcement. “These guys are the only law enforcement officers who have jurisdiction everywhere in Humboldt County,” he said. “They literally — they’re the top cops.”
Rounding a corner, a group of men came into view: DA investigators gathered inside Investigator Wayne Cox’s office, chatting and laughing while watching a video on the computer. When asked to justify their need for the AR-15s, the response was emphatic and unanimous. The unit has become more proactive under Gallegos and Chief Investigator Mike Hislop, Cox said. Several of the investigators recalled being shot at from long distances while in the field. The AR-15 may have a fierce reputation thanks to its association with the military, but the fact is, they said, it’s the perfect tool for the job. “It’s a superior weapon for our environment,” said Investigator James Dawson.
When the Gundersen case came up again, Gallegos said, “We’ll give you a show and tell.” He, Honsal and Cox then proceeded to wheel out a library cart weighed down with heavy weaponry — a partial take from the investigation of the former Blue Lake chief, who in addition to battering his wife had amassed a huge, illegal personal arsenal. Onto a table in the corner of the building they spread out the guns, covering its surface with Sig Sauer and Ruger handguns, AR-15s, a Heckler and Koch UMP submachine gun and more. The men took obvious delight in assembling this display, which was odd considering that just moments earlier they’d attested that their assault rifles were merely practical implements. They may well be, but there’s obviously more to the allure.
Afterward, Gallegos continued with a tour through the office, bantering playfully with staff and showing off new technological upgrades. If there’s any residual tension or bitterness here, it’s not visible to the untrained eye. Among his personnel, Gallegos seemed happy and relaxed. Campaigning, by comparison, is just a hassle. “It’s frustrating,” he said. “But at the same time, it’s just like a jury. You do your job, put in the evidence and let a jury decide.”
For more information on the candidates, visit their Web sites:
Allison Jackson: aj4da.com
Paul Hagen: www.hagenforda.com
Paul Gallegos: votepaul.org
***
Several questions come to mind -
1. When Gallegos' bio gets mentioned, no one mentions that he came out of an unaccredited law school, and that is something that matters to attorneys. They will tell you.
2. When did DA investigators get shot at? Wouldn't that have made the paper? Made it onto posts on this blog?
HBeacon - The race for Humboldt County District Attorney Candidates answer last-minute questions
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The race for Humboldt County District Attorney Candidates answer last-minute questions
Franklin Stover, Humboldt Beacon
On Tuesday, June 8, Humboldt County voters have three choices for Humboldt County District Attorney: Paul Gallegos, Paul Hagen, and Allison Jackson.
Briefly, Gallegos is currently Humboldt County District Attorney. He earned a BS in Economics from the University of Southern California. Later, he attended LaVerne College of Law and was admitted to the California Bar Association. Gallegos opened a law office in Eureka under the name, Gallegos and Gallegos. He ran for Humboldt County District Attorney in 2002, unseating 20-year incumbent, Terry Farmer. In 2006, he was re-elected. Gallegos is now nearing the end of his second term.
Briefly, on candidate Paul Hagen, he served as a Deputy District Attorney in Humboldt, Del Norte, Mendocino, and Lake counties for more than 11-years. During that time, Hagen led a multi-agency task force investigating and prosecuting public health and safety violations and crimes against the environment. Hagen has organized and presented a series of State Bar conferences on environmental and land use law and volunteers his time as a mentor for the Humboldt Teen Court. Hagen was County of Mendocino Deputy District Attorney from 1995 to 1999.
Briefly, on candidate Allison Jackson, she has been with the Harland Law Firm in Eureka since 2004 and has a background in civil litigation representing clients in diverse State and Federal civil matters. From 1994 to 2004, Jackson was Deputy District Attorney for Humboldt County and Chairperson of the Humboldt County Sexual Assault Response Team from 1999 to 2004. In addition, she has been a participant member of the Humboldt County Child Death Review Team. She is an experienced Senior Trial Prosecutor in serious felony cases from arraignment, bail hearing and preliminary hearing through trial and sentencing.
Like the race for county Sheriff, the Humboldt Beacon posed two last minute questions to candidates seeking office in the June 8 election. The questions were of a general nature and asked:
What special skill or attribute will you bring to the office you are seeking? and, If elected, what would be your first priority on day one?
Beginning with Paul Gallegos' response, the incumbent D.A. said,
”I remain steadfastly committed to American values. When I took office 7-years ago I promised to do what's right, not just what's popular. A District Attorney must remain independent in order to serve justice for all. That is just the way I was brought up and the way I have always lived life. In office as District Attorney, I hold my staff to the same standard, retaining and hiring only those attorneys and investigators who could make the same pledge. I am proud to report that we now have an award-winning staff who work well together as a team unified by the values we hold dear. We owe our success to the fact that we seek justice and truth, not vengeance and victory. Knowing the truth sets one free to do the best work possible for the people who rely on us to do just that.”
Gallegos' chief priorities for day-one are as follows: “Public Safety. That has been the priority from day-one and will continue to be my priority throughout my term. For instance, by prioritizing cases we take to trial, we concentrate our efforts on taking the most violent and dangerous criminals out of society. It works: The conviction rate is high, crime is down and prison commitments are up. We not only prosecute crime. We prevent crime. Recently our investigators and attorneys prevented a convicted rapist from murdering a girl who was to testify against him. We have also sent child abusers to prison for hundreds of years each. They will no longer threaten public safety. Our Victim/Witness Division recently won federal recognition for their compassionate service to victims and witnesses of crime, ensuring the safety of people in their homes and on the streets.”
Moving over to candidate Paul Hagen, the Eureka attorney said that his set of skills and attributes will come in to play because he feels deeply about people.
”I am a person who believes deeply that life is about other people. All my decisions and actions are governed by my overarching belief that we are here in this brief life to help other people. In America, the people are the government, a revolutionary idea underpinning our Constitution. Public service, to me, is the highest form of helping as many people as possible.
The special skill or attribute I will bring to the District Attorney's Office lies in two, complementary, parts. First, my dedication to do all that is within my power to make life better for everyone in the society in which I live. In the District Attorney's Office, this means the people of Humboldt County. Second, my ability to inspire and lead people to perform to standards of excellence. These things then come together in service to the people, which here, is delivering justice.”
Hagen's main concern for day-one on the job was expressed this way: “The job of the District Attorney is to ensure that justice is delivered in a fair, even-handed and common sense manner. The day-to-day work of the DA is to run the office to accomplish this end. After all, it is the people who work in the office that deliver results in the courts.
My first priority on day-one would be to introduce myself to the DA office staff. A new administration brings new policies, priorities and standards. Of these, standards of excellence are paramount. Staff members need reassurance that they will be respected, and that the office will be a desirable place to work. They must know what is expected of them, and that they will be supported in all they do so long as they strive for and consistently achieve high levels of community service. This immutable priority will be with them until the day I leave office."
Finally moving to Allison Jackson, the veteran attorney summed up her skills and experience this way: “I have a 20 year history of fighting for my community, protecting the most vulnerable and standing up for the victims of crime. I've handled thousands of serious and violent felonies throughout the course of my career and demonstrated excellence in all areas of criminal law. I have keen administrative skills, and real experience in actually running a law office. I have trained young lawyers and police officers, teaching classes for the State. I was instrumental in building the Child Abuse Services Team Program, was past chairperson of the SART Board, and have trained other counties in establishing their own child abuse teams. I have served as an expert witness on the topic of prosecutorial ethics, and I am the only candidate who can effectively rebuild our District Attorney's Office, which is why I need your vote on June 8.”
Jackson explained that her main priorities for her first day on the job include, “bringing staff together, assess high priority cases to vertically assign them to individual deputies according to their strengths; begin evaluation to make sure cases are properly charged, and built so that they can successfully be brought to trial, thereby shutting down the revolving door of plea bargains, which have become commonplace with the incumbent; reach out to reestablish communication with law enforcement agencies to let them know that when they bust them, we won't let them go.”
Jackson added, “Scrap any idea that the DA's Office will be setting up its own SWAT Team, start rebuilding the Victim Witness Program, and reestablish Special Victims programs, such as Domestic Violence, Sexual Assault, Child Abuse, Elder/Dependent Adult crimes. Victims and witnesses will have full access to the DA's Office regarding their cases - you'll no longer get a phone tree and a full mailbox - your questions will be answered in a timely manner.”
submitted photos
1. Candidate Paul Gallegos.
2. Candidate Paul Hagen.
3. Candidate Allison Jackson.
The race for Humboldt County District Attorney Candidates answer last-minute questions
Franklin Stover, Humboldt Beacon
On Tuesday, June 8, Humboldt County voters have three choices for Humboldt County District Attorney: Paul Gallegos, Paul Hagen, and Allison Jackson.
Briefly, Gallegos is currently Humboldt County District Attorney. He earned a BS in Economics from the University of Southern California. Later, he attended LaVerne College of Law and was admitted to the California Bar Association. Gallegos opened a law office in Eureka under the name, Gallegos and Gallegos. He ran for Humboldt County District Attorney in 2002, unseating 20-year incumbent, Terry Farmer. In 2006, he was re-elected. Gallegos is now nearing the end of his second term.
Briefly, on candidate Paul Hagen, he served as a Deputy District Attorney in Humboldt, Del Norte, Mendocino, and Lake counties for more than 11-years. During that time, Hagen led a multi-agency task force investigating and prosecuting public health and safety violations and crimes against the environment. Hagen has organized and presented a series of State Bar conferences on environmental and land use law and volunteers his time as a mentor for the Humboldt Teen Court. Hagen was County of Mendocino Deputy District Attorney from 1995 to 1999.
Briefly, on candidate Allison Jackson, she has been with the Harland Law Firm in Eureka since 2004 and has a background in civil litigation representing clients in diverse State and Federal civil matters. From 1994 to 2004, Jackson was Deputy District Attorney for Humboldt County and Chairperson of the Humboldt County Sexual Assault Response Team from 1999 to 2004. In addition, she has been a participant member of the Humboldt County Child Death Review Team. She is an experienced Senior Trial Prosecutor in serious felony cases from arraignment, bail hearing and preliminary hearing through trial and sentencing.
Like the race for county Sheriff, the Humboldt Beacon posed two last minute questions to candidates seeking office in the June 8 election. The questions were of a general nature and asked:
What special skill or attribute will you bring to the office you are seeking? and, If elected, what would be your first priority on day one?
Beginning with Paul Gallegos' response, the incumbent D.A. said,
”I remain steadfastly committed to American values. When I took office 7-years ago I promised to do what's right, not just what's popular. A District Attorney must remain independent in order to serve justice for all. That is just the way I was brought up and the way I have always lived life. In office as District Attorney, I hold my staff to the same standard, retaining and hiring only those attorneys and investigators who could make the same pledge. I am proud to report that we now have an award-winning staff who work well together as a team unified by the values we hold dear. We owe our success to the fact that we seek justice and truth, not vengeance and victory. Knowing the truth sets one free to do the best work possible for the people who rely on us to do just that.”
Gallegos' chief priorities for day-one are as follows: “Public Safety. That has been the priority from day-one and will continue to be my priority throughout my term. For instance, by prioritizing cases we take to trial, we concentrate our efforts on taking the most violent and dangerous criminals out of society. It works: The conviction rate is high, crime is down and prison commitments are up. We not only prosecute crime. We prevent crime. Recently our investigators and attorneys prevented a convicted rapist from murdering a girl who was to testify against him. We have also sent child abusers to prison for hundreds of years each. They will no longer threaten public safety. Our Victim/Witness Division recently won federal recognition for their compassionate service to victims and witnesses of crime, ensuring the safety of people in their homes and on the streets.”
Moving over to candidate Paul Hagen, the Eureka attorney said that his set of skills and attributes will come in to play because he feels deeply about people.
”I am a person who believes deeply that life is about other people. All my decisions and actions are governed by my overarching belief that we are here in this brief life to help other people. In America, the people are the government, a revolutionary idea underpinning our Constitution. Public service, to me, is the highest form of helping as many people as possible.
The special skill or attribute I will bring to the District Attorney's Office lies in two, complementary, parts. First, my dedication to do all that is within my power to make life better for everyone in the society in which I live. In the District Attorney's Office, this means the people of Humboldt County. Second, my ability to inspire and lead people to perform to standards of excellence. These things then come together in service to the people, which here, is delivering justice.”
Hagen's main concern for day-one on the job was expressed this way: “The job of the District Attorney is to ensure that justice is delivered in a fair, even-handed and common sense manner. The day-to-day work of the DA is to run the office to accomplish this end. After all, it is the people who work in the office that deliver results in the courts.
My first priority on day-one would be to introduce myself to the DA office staff. A new administration brings new policies, priorities and standards. Of these, standards of excellence are paramount. Staff members need reassurance that they will be respected, and that the office will be a desirable place to work. They must know what is expected of them, and that they will be supported in all they do so long as they strive for and consistently achieve high levels of community service. This immutable priority will be with them until the day I leave office."
Finally moving to Allison Jackson, the veteran attorney summed up her skills and experience this way: “I have a 20 year history of fighting for my community, protecting the most vulnerable and standing up for the victims of crime. I've handled thousands of serious and violent felonies throughout the course of my career and demonstrated excellence in all areas of criminal law. I have keen administrative skills, and real experience in actually running a law office. I have trained young lawyers and police officers, teaching classes for the State. I was instrumental in building the Child Abuse Services Team Program, was past chairperson of the SART Board, and have trained other counties in establishing their own child abuse teams. I have served as an expert witness on the topic of prosecutorial ethics, and I am the only candidate who can effectively rebuild our District Attorney's Office, which is why I need your vote on June 8.”
Jackson explained that her main priorities for her first day on the job include, “bringing staff together, assess high priority cases to vertically assign them to individual deputies according to their strengths; begin evaluation to make sure cases are properly charged, and built so that they can successfully be brought to trial, thereby shutting down the revolving door of plea bargains, which have become commonplace with the incumbent; reach out to reestablish communication with law enforcement agencies to let them know that when they bust them, we won't let them go.”
Jackson added, “Scrap any idea that the DA's Office will be setting up its own SWAT Team, start rebuilding the Victim Witness Program, and reestablish Special Victims programs, such as Domestic Violence, Sexual Assault, Child Abuse, Elder/Dependent Adult crimes. Victims and witnesses will have full access to the DA's Office regarding their cases - you'll no longer get a phone tree and a full mailbox - your questions will be answered in a timely manner.”
submitted photos
1. Candidate Paul Gallegos.
2. Candidate Paul Hagen.
3. Candidate Allison Jackson.
3.28.2010
Daniel Mintz article on Allison Jackson
In this week's Arcata Eye, McKinleyville Press and Garberville's The Independent
Allison Jackson: ‘The community deserves something better’
HUMBOLDT – Former County Prosecutor Allison Jackson says she has a wide-ranging base of support that’s united in the belief that the District Attorney’s Office needs to change for the better.
“I would liken it to the Titanic with the bow up in the water and the band hanging from the railings – there’s no leadership and there’s really no administration of the office,” she said.
Jackson’s emergence as a candidate is no surprise, as it’s been rumored for months. But she said it was not an easy decision, as she’s enjoying a civil law career with the Harland Law Firm.
“The tote board was real heavy on the ‘don’t do this side,’” she said. “But on the ‘do this’ side was the knowledge of what needs to be done and the leadership to do it, and thinking that there’s about 129,000 people – every child, every woman, every man -- that deserves something better.”
What they deserve is the assurance that those who commit crimes will be appropriately held accountable and that the rights of defendants will be preserved, she continued. Those aspects are being undercut by incumbent District Attorney Paul Gallegos’ “almost complete inability” to hire and maintain mid- to senior-level prosecutors, said Jackson.
She added that she’s not the only one who’s noticed that lack of case preparation is resulting in day-of-trial plea bargains that leave crime victims and their families feeling short-changed. Over-charging of defendants is also happening, Jackson continued, for the same reasons.
“These things are occurring so frequently, it’s almost mind-boggling,” she said.
Jackson’s bid to replace Gallegos is part of a power struggle that began shortly after the DA was first elected. He survived a 2004 recall attempt which saw then-Prosecutor Worth Dikeman as a candidate. Jackson supported Dikeman when he challenged Gallegos again in the 2006 election.
Gallegos’ supporters see Jackson as a conservative who would reverse the change the DA has fought for and delivered. She rejects that view.
“I’m interested in forward progress,” said Jackson. “Some things have to change because they’re simply not working and what’s needed is a return to what’s thought of in the profession as an acceptable and appropriate way of prosecuting certain crimes.”
Vertical prosecution – specialization in crime categories like child abuse, domestic violence and sexual assault – only exists superficially now, she continued. “That really has to be fixed, I don’t believe in accepting mediocrity, you need to strive for excellence.”
Nor does Jackson view herself as a conservative candidate. “I’m a fourth generation Democrat,” she said. “Holding people accountable for their crimes, protecting defendants’ rights and honoring victims’ rights – that’s not a conservative/liberal thing, that’s the one thing that actually unites us all.”
Jackson described how she would lead, saying that the “sole, primary function of the DA is to be the administrator of the office” – which contrasts Gallegos’ stance that the community expects a DA to try cases personally.
“When you give up your administrative function just to go and play in a courtroom, you’re letting the community down and that’s what’s occurred here,” Jackson said. She added that if she’s elected, she’ll probably have to try some cases due to a shortage of senior deputies but her plan is to rebuild the office so that’s not necessary.
Marijuana prosecution, particularly of medical cases, is an important election issue. Jackson said she grew up in the Santa Cruz mountains, a haven of hippie culture, which “gives me a different perspective than other people might have.”
She said she will guard the legal right to use marijuana medically but she also wants to guard against exploitation of the community. “What we in Humboldt are owning, because of our tolerance, has been the greed of people who come here from out of the area,” Jackson continued. “They’ve come up here and they’ve exploited our tolerance and that’s resulted in some pretty horrific things in grow houses and in neighborhoods, and some pretty significant environmental damage.”
Asked what her guidelines for medical marijuana will be, Jackson declined to quantify growing area or plant numbers. She said the totality of evidence has to be considered to determine if the concept of medical cultivation is being capitalized on at the community’s expense.
“I’m really looking at going after and enforcing prohibitions against large scale, clearly commercial grows,” she continued. “And I can guarantee you, if you’ve got cancer or if you have MS or acute back pain, you’ve got nothing to worry about from me.”
And like the other candidates, Jackson is in favor of marijuana legalization in the state and she wants it on a federal level too. “If you know you’ve got this many people that are using it – and we do – you’ve just created a black market that has made a lot of people very wealthy at the same time has created huge burdens, at least for this community.”
Marijuana prosecution isn’t something Jackson is known for. In her 10 years as a county prosecutor, she specialized in cases involving crimes against children and women. But she believes her involvement in prosecuting a marijuana case led to her exit from the office.
Gallegos fired her in 2004, shortly after the recall election, a move that intensified an already bitter political clash between those who support the DA and those who believe he’s done harm to the office.
Jackson has said that her complaint against marijuana defense attorney Ed Denson—who is a Gallegos supporter -- is the reason why the DA fired her. And when asked about the circumstances of her firing,
she reiterated that it was because she reported that Denson knowingly submitted a client’s altered medical marijuana documentation as evidence.
“It was never investigated, it was buried and the underlying cases were dismissed and I was fired – and I wear that as badge of honor,” she continued.
Gallegos has said that Jackson’s firing was not because of the complaint or anything related to it and Denson has firmly denied the allegation. Jackson’s candidacy is likely to re-ignite politically-related speculation about why she was fired.
Replacing one’s boss is probably the best revenge for having been fired but Jackson said it has nothing to do with her decision to run. “My decision to run is solely based on the fact that we have people that are not being held fully accountable for what they’ve done to others, we have victims and victims’ families that have been hurt and are not getting their justice and as a community, we are being diminished because of that,” she said.
Jackson’s belief in those principles is long-held and she said decided she wanted to be a prosecutor when she was 21 years old. In that year of her life, her mother, her step-father and her family’s dog were killed in a car crash.
The driver of the other car was charged with DUI but Jackson didn’t feel well-served by the system when the case was resolved.
“I really do empathize with victims and I understand, really to my core, why it’s important to build a case and to prove it,” she said.
Daniel Mintz
Eye Correspondent
Allison Jackson: ‘The community deserves something better’
HUMBOLDT – Former County Prosecutor Allison Jackson says she has a wide-ranging base of support that’s united in the belief that the District Attorney’s Office needs to change for the better.
“I would liken it to the Titanic with the bow up in the water and the band hanging from the railings – there’s no leadership and there’s really no administration of the office,” she said.
Jackson’s emergence as a candidate is no surprise, as it’s been rumored for months. But she said it was not an easy decision, as she’s enjoying a civil law career with the Harland Law Firm.
“The tote board was real heavy on the ‘don’t do this side,’” she said. “But on the ‘do this’ side was the knowledge of what needs to be done and the leadership to do it, and thinking that there’s about 129,000 people – every child, every woman, every man -- that deserves something better.”
What they deserve is the assurance that those who commit crimes will be appropriately held accountable and that the rights of defendants will be preserved, she continued. Those aspects are being undercut by incumbent District Attorney Paul Gallegos’ “almost complete inability” to hire and maintain mid- to senior-level prosecutors, said Jackson.
She added that she’s not the only one who’s noticed that lack of case preparation is resulting in day-of-trial plea bargains that leave crime victims and their families feeling short-changed. Over-charging of defendants is also happening, Jackson continued, for the same reasons.
“These things are occurring so frequently, it’s almost mind-boggling,” she said.
Jackson’s bid to replace Gallegos is part of a power struggle that began shortly after the DA was first elected. He survived a 2004 recall attempt which saw then-Prosecutor Worth Dikeman as a candidate. Jackson supported Dikeman when he challenged Gallegos again in the 2006 election.
Gallegos’ supporters see Jackson as a conservative who would reverse the change the DA has fought for and delivered. She rejects that view.
“I’m interested in forward progress,” said Jackson. “Some things have to change because they’re simply not working and what’s needed is a return to what’s thought of in the profession as an acceptable and appropriate way of prosecuting certain crimes.”
Vertical prosecution – specialization in crime categories like child abuse, domestic violence and sexual assault – only exists superficially now, she continued. “That really has to be fixed, I don’t believe in accepting mediocrity, you need to strive for excellence.”
Nor does Jackson view herself as a conservative candidate. “I’m a fourth generation Democrat,” she said. “Holding people accountable for their crimes, protecting defendants’ rights and honoring victims’ rights – that’s not a conservative/liberal thing, that’s the one thing that actually unites us all.”
Jackson described how she would lead, saying that the “sole, primary function of the DA is to be the administrator of the office” – which contrasts Gallegos’ stance that the community expects a DA to try cases personally.
“When you give up your administrative function just to go and play in a courtroom, you’re letting the community down and that’s what’s occurred here,” Jackson said. She added that if she’s elected, she’ll probably have to try some cases due to a shortage of senior deputies but her plan is to rebuild the office so that’s not necessary.
Marijuana prosecution, particularly of medical cases, is an important election issue. Jackson said she grew up in the Santa Cruz mountains, a haven of hippie culture, which “gives me a different perspective than other people might have.”
She said she will guard the legal right to use marijuana medically but she also wants to guard against exploitation of the community. “What we in Humboldt are owning, because of our tolerance, has been the greed of people who come here from out of the area,” Jackson continued. “They’ve come up here and they’ve exploited our tolerance and that’s resulted in some pretty horrific things in grow houses and in neighborhoods, and some pretty significant environmental damage.”
Asked what her guidelines for medical marijuana will be, Jackson declined to quantify growing area or plant numbers. She said the totality of evidence has to be considered to determine if the concept of medical cultivation is being capitalized on at the community’s expense.
“I’m really looking at going after and enforcing prohibitions against large scale, clearly commercial grows,” she continued. “And I can guarantee you, if you’ve got cancer or if you have MS or acute back pain, you’ve got nothing to worry about from me.”
And like the other candidates, Jackson is in favor of marijuana legalization in the state and she wants it on a federal level too. “If you know you’ve got this many people that are using it – and we do – you’ve just created a black market that has made a lot of people very wealthy at the same time has created huge burdens, at least for this community.”
Marijuana prosecution isn’t something Jackson is known for. In her 10 years as a county prosecutor, she specialized in cases involving crimes against children and women. But she believes her involvement in prosecuting a marijuana case led to her exit from the office.
Gallegos fired her in 2004, shortly after the recall election, a move that intensified an already bitter political clash between those who support the DA and those who believe he’s done harm to the office.
Jackson has said that her complaint against marijuana defense attorney Ed Denson—who is a Gallegos supporter -- is the reason why the DA fired her. And when asked about the circumstances of her firing,
she reiterated that it was because she reported that Denson knowingly submitted a client’s altered medical marijuana documentation as evidence.
“It was never investigated, it was buried and the underlying cases were dismissed and I was fired – and I wear that as badge of honor,” she continued.
Gallegos has said that Jackson’s firing was not because of the complaint or anything related to it and Denson has firmly denied the allegation. Jackson’s candidacy is likely to re-ignite politically-related speculation about why she was fired.
Replacing one’s boss is probably the best revenge for having been fired but Jackson said it has nothing to do with her decision to run. “My decision to run is solely based on the fact that we have people that are not being held fully accountable for what they’ve done to others, we have victims and victims’ families that have been hurt and are not getting their justice and as a community, we are being diminished because of that,” she said.
Jackson’s belief in those principles is long-held and she said decided she wanted to be a prosecutor when she was 21 years old. In that year of her life, her mother, her step-father and her family’s dog were killed in a car crash.
The driver of the other car was charged with DUI but Jackson didn’t feel well-served by the system when the case was resolved.
“I really do empathize with victims and I understand, really to my core, why it’s important to build a case and to prove it,” she said.
Daniel Mintz
Eye Correspondent