ooks like Ken Miller and crew are pushing Gallegos into appealing his piece of shit Palco suit. It's not enough that the case has been thrown out, what is it, three times now? Miller & Co. won't give up. How else do you explain Jeffrey "yougofree.com" Scwartz buttering Gallegos up, telling him (and you) how fabulous he looks in those silky golden, jewel-encrusted robes they have created for him, in the hopes that he will parade into court yet again without realizing he is buck-naked.
This nauseating piece of - ummmm, fiction demands a response. It's time to make the real record clear. I'm going to need more than 750 words, Mr. Somerville.
Paul Gallegos: The beginning of an era
Jeffrey Schwartz
Article Launched: 02/05/2008 01:15:29 AM PST
Recent editorials in the Times-Standard and North Coast Journal make Paul Gallegos out to be a one-trick pony -- the Palco lawsuit.
The T-S said that his legacy as the Humboldt County DA rested on his suit against Pacific Lumber. Hank Sims, in his Town Dandy column said that Gallegos' “whole career as a prosecutor” had been tied up with the suit and said that the state appellate court has now “erased his whole reason for being.” (”An end to a saga,” Times-Standard, Jan. 25; “Full circle,” Hank Sims, North Coast Journal, Jan. 17.)
But Gallegos is no one-trick pony, and anyone who thinks so hasn't paid attention to what has gone on inside the DA's office.
Paul Gallegos entered office more than five years ago. Since then he has turned the DA's role into what it should be, the protector of all people of Humboldt County and their interests. That means more than simply prosecuting drug dealers, common thieves and violent offenders. Of course, that takes priority. But the district attorney's office under Gallegos is more than that.
Gallegos has gone after miscreants in the business community, corrupt politicians, environmental polluters and criminally negligent nursing home operators. He stands out among virtually every other district attorney in the state who limits their offices to prosecuting common criminals.
The Times-Standard noted that some people in the community saw Gallegos' suit against Palco as an “ill-thought-out attack on Humboldt County's historical way of life.” Paul Gallegos' utopian vision was, and still is, to expand the office's charge to include the prosecution of those “historical” good businessmen and women and politicians who violate laws, so rarely enforced that they seem to be on the books for show.
The advocates of Humboldt's “historical way of life” want Gallegos to do nothing but go after homeless drug addicts who steal bags of Top Ramen from Winco or college students who grow marijuana. Concentrating on minor criminals would keep him from concentrating on bigger fish -- crooked business people and politicians and anti-environmentalists.
You don't win every murder case that comes along, and you don't win every Palco case that comes along, but that does not mean you give up. (By the way, Paul Gallegos won every homicide case he tried and every other major case he tried since taking office.)
Gallegos was the first person to challenge successfully Humboldt's historical values when he won election three times, despite the historical power base fighting like rabid dogs to stop him. While they could not stop him at the polls, they have been successful stopping him at the courthouse steps so far.
Have you noticed that the non-historical cases he brought -- the cases against Debbie August and Palco, to name two -- never got past Humboldt's historical power base (the judiciary, the newspapers and the local law makers) and thus never reached a jury, which would have been made up largely of people who elected him.
When discussing advocates of Humboldt's “historical way of life,” the Times-Standard should keep in mind that Humboldt's “historical” way of life included the decimation of the Native American population, much like the South's “historical” way of life included the lynching of African Americans.
But don't bet on Gallegos to abandon his mandate to fight Humboldt's historical values and run the DA's office the way a DA's office is supposed to be run, i.e. protecting all of the people of Humboldt County, regardless of an appellate court decision on one case.
The “historical” people of Humboldt County better get used to the idea that according to the Gallegos vision of justice for all, lawbreakers of all stripes should wear prison stripes. Gallegos believes that crooked politicians, business people, lumber executives and nursing home operators should sit on the same cold jail bench alongside shoplifters, child molesters and murderers.
Paul Gallegos represents Humboldt County's contemporary values, not its historical values.
Jeffrey Schwartz is an Arcata attorney and former prosecutor at the Humboldt County District Attorney's Office. He can be reached at jdsarcata@yahoo.com.
***
We'll have to take this one point by point, and see if there are ANY true statements in this piece.
Showing posts with label Jeffrey "yougofree.com" Schwartz. Show all posts
Showing posts with label Jeffrey "yougofree.com" Schwartz. Show all posts
12.26.2007
TS - 12/18/2007 City could face hefty bill for Douglas' defense
TS City could face hefty bill for Douglas' defense 12/18/2007
EUREKA -- If the City Council decides to pick up the bill for former Police Chief David Douglas' legal costs, one former prosecutor estimates it could reach the $1 million mark for the city's already-pinched general fund budget.
The Humboldt County District Attorney's Office announced last week that a criminal grand jury convened to look into the 2006 shooting death of Cheri Lyn Moore indicted Douglas and Eureka police Lt. Tony Zanotti on charges of involuntary manslaughter.
Legal experts said the indictments might be a first, as they target the incident's commanding officers rather than those who shot Moore.
As Zanotti's and Douglas' legal teams ready to review transcripts of the grand jury proceedings, questions are swirling about who's going to pick up the tab.
Moore, who had a history of mental illness, was shot by Eureka police officers in her apartment at Fifth and G streets after a two-hour standoff in which she brandished a flare gun, threw items from her apartment and threatened to burn the building down.
Police have said they believed Moore had put down the flare gun when the decision was made to storm her apartment. When officers came face to face with Moore and a flare gun pointed at them, they shot her multiple times.
Zanotti, who is being represented by Redwood City attorney William Rapoport, is covered by the Peace Officers Research Association of California Legal Defense Fund, which covers most EPD officers. The extent of that coverage isn't exactly clear.
Rapoport confirmed Monday that he was being paid by the legal fund “so far,” but declined to elaborate. He said there is no telling what his final bill might be, as the case could be thrown out in the coming weeks or end in a lengthy trial.
The case of who is covering Douglas, represented by local attorney Bill Bragg and the Santa Ana firm of Ferguson, Praet and Sherman, is a bit more complicated.
Councilman Jeff Leonard said the shooting of Moore occurred at a time when Douglas was not covered by the association's legal fund, leaving it unclear who will pick up the bill.
Bragg said Monday that he was under the impression the city of Eureka “has accepted the responsibility to pay for Mr. Douglas' defense.” But, Eureka City Manager David Tyson indicated it was not a done deal.
Tyson said in civil suits, the city is obligated to pick up the bills for legal defense funds, which are paid through the city's insurance carriers. Criminal matters, like the case of Zanotti and Douglas, are different, Tyson said, and the council has the choice of whether to cover the costs.
”I think it's a choice because the council, not just our council but any council or board of supervisors, would want to have the opportunity in a criminal matter to hear at least some of the facts and make an informed decision on whether they want to provide a defense,” Tyson said.
The determination the council will likely have to make, Tyson said, is whether Douglas was acting within the boundaries of his position as police chief. Tyson said the city has no insurance carrier for criminal cases, and any money it offers for Douglas' defense would come directly out of the city's general fund.
City Attorney Sheryl Schaffner said any discussions regarding funding Douglas' defense would be held in closed session, and would not be made public until a final decision is made by the council. The council has a closed session agenda item at Thursday's meeting about Douglas' case.
If the council did decide to pick up Douglas' tab, Schaffner said a budget adjustment would be in order to ensure the funds were available.
And that could be a hefty sum, said local attorney Jeffrey Schwartz, a former prosecutor in the district attorney's office.
Schwartz said an attorney of Bragg's caliber probably demands between $300 and $400 an hour for criminal defense, and estimated Douglas' defense team would put in at least 2,000 hours on the case, assuming it goes to trial. On the low side, that comes out to $600,000. But, Schwartz said that is far from the total.
In addition to straight attorney fees, Schwartz said, in a case like this especially, the defense is going to need experts, and lots of them. Not only do each of the experts command fees, Schwartz said, but there are also the travel, hotel and meal expenses associated with attorneys traveling the country to speak with them.
”I'd say, minimally between both (fees for attorneys and experts), you're talking a million bucks easy,” Schwartz said.
Schwartz also said it is likely, once news of the indictments hits the wires and is widely disseminated, police chiefs and departments around the country will start up a defense fund, fearing a guilty verdict could set a precedent for tactical situation police commanders across the country.
Officers at a Dec. 10 court hearing, where Zanotti and Douglas appeared before a judge for the first time, said no such fund was in the works. An arraignment, where the officers will enter pleas, is set for Feb. 21.
While Schwartz was hypothesizing about what a full blown trial might cost in legal fees, Douglas' lawyers were readying to attempt to ensure it doesn't come to that.
Bragg said Monday he received word from the court that the grand jury transcripts had been compiled, and he would pick them up today. Those transcripts, Bragg said, will have a lot to say about how Gallegos lead the grand jury through the proceedings, and consequently about whether this case will make it to trial.
”Chances are there will be some things we will want to challenge pre-trial,” he said. “Given the DA's unique theory, which, frankly, I don't know what his theory is in this case, if I were a betting man, I would bet we are going to take a very hard look at this (transcript) and probably file a motion of dismissal.”
If the case does make its way to trial, Schwartz said law enforcement officers from around the country will likely pitch in $100 here and $50 there for a legal defense fund, which might not be bad news for Eureka.
”Really, the city should be the one out there trying to rally police chiefs,” he said.
Thadeus Greenson can be reached at 441-0509 or tgreenson@times-standard.com
EUREKA -- If the City Council decides to pick up the bill for former Police Chief David Douglas' legal costs, one former prosecutor estimates it could reach the $1 million mark for the city's already-pinched general fund budget.
The Humboldt County District Attorney's Office announced last week that a criminal grand jury convened to look into the 2006 shooting death of Cheri Lyn Moore indicted Douglas and Eureka police Lt. Tony Zanotti on charges of involuntary manslaughter.
Legal experts said the indictments might be a first, as they target the incident's commanding officers rather than those who shot Moore.
As Zanotti's and Douglas' legal teams ready to review transcripts of the grand jury proceedings, questions are swirling about who's going to pick up the tab.
Moore, who had a history of mental illness, was shot by Eureka police officers in her apartment at Fifth and G streets after a two-hour standoff in which she brandished a flare gun, threw items from her apartment and threatened to burn the building down.
Police have said they believed Moore had put down the flare gun when the decision was made to storm her apartment. When officers came face to face with Moore and a flare gun pointed at them, they shot her multiple times.
Zanotti, who is being represented by Redwood City attorney William Rapoport, is covered by the Peace Officers Research Association of California Legal Defense Fund, which covers most EPD officers. The extent of that coverage isn't exactly clear.
Rapoport confirmed Monday that he was being paid by the legal fund “so far,” but declined to elaborate. He said there is no telling what his final bill might be, as the case could be thrown out in the coming weeks or end in a lengthy trial.
The case of who is covering Douglas, represented by local attorney Bill Bragg and the Santa Ana firm of Ferguson, Praet and Sherman, is a bit more complicated.
Councilman Jeff Leonard said the shooting of Moore occurred at a time when Douglas was not covered by the association's legal fund, leaving it unclear who will pick up the bill.
Bragg said Monday that he was under the impression the city of Eureka “has accepted the responsibility to pay for Mr. Douglas' defense.” But, Eureka City Manager David Tyson indicated it was not a done deal.
Tyson said in civil suits, the city is obligated to pick up the bills for legal defense funds, which are paid through the city's insurance carriers. Criminal matters, like the case of Zanotti and Douglas, are different, Tyson said, and the council has the choice of whether to cover the costs.
”I think it's a choice because the council, not just our council but any council or board of supervisors, would want to have the opportunity in a criminal matter to hear at least some of the facts and make an informed decision on whether they want to provide a defense,” Tyson said.
The determination the council will likely have to make, Tyson said, is whether Douglas was acting within the boundaries of his position as police chief. Tyson said the city has no insurance carrier for criminal cases, and any money it offers for Douglas' defense would come directly out of the city's general fund.
City Attorney Sheryl Schaffner said any discussions regarding funding Douglas' defense would be held in closed session, and would not be made public until a final decision is made by the council. The council has a closed session agenda item at Thursday's meeting about Douglas' case.
If the council did decide to pick up Douglas' tab, Schaffner said a budget adjustment would be in order to ensure the funds were available.
And that could be a hefty sum, said local attorney Jeffrey Schwartz, a former prosecutor in the district attorney's office.
Schwartz said an attorney of Bragg's caliber probably demands between $300 and $400 an hour for criminal defense, and estimated Douglas' defense team would put in at least 2,000 hours on the case, assuming it goes to trial. On the low side, that comes out to $600,000. But, Schwartz said that is far from the total.
In addition to straight attorney fees, Schwartz said, in a case like this especially, the defense is going to need experts, and lots of them. Not only do each of the experts command fees, Schwartz said, but there are also the travel, hotel and meal expenses associated with attorneys traveling the country to speak with them.
”I'd say, minimally between both (fees for attorneys and experts), you're talking a million bucks easy,” Schwartz said.
Schwartz also said it is likely, once news of the indictments hits the wires and is widely disseminated, police chiefs and departments around the country will start up a defense fund, fearing a guilty verdict could set a precedent for tactical situation police commanders across the country.
Officers at a Dec. 10 court hearing, where Zanotti and Douglas appeared before a judge for the first time, said no such fund was in the works. An arraignment, where the officers will enter pleas, is set for Feb. 21.
While Schwartz was hypothesizing about what a full blown trial might cost in legal fees, Douglas' lawyers were readying to attempt to ensure it doesn't come to that.
Bragg said Monday he received word from the court that the grand jury transcripts had been compiled, and he would pick them up today. Those transcripts, Bragg said, will have a lot to say about how Gallegos lead the grand jury through the proceedings, and consequently about whether this case will make it to trial.
”Chances are there will be some things we will want to challenge pre-trial,” he said. “Given the DA's unique theory, which, frankly, I don't know what his theory is in this case, if I were a betting man, I would bet we are going to take a very hard look at this (transcript) and probably file a motion of dismissal.”
If the case does make its way to trial, Schwartz said law enforcement officers from around the country will likely pitch in $100 here and $50 there for a legal defense fund, which might not be bad news for Eureka.
”Really, the city should be the one out there trying to rally police chiefs,” he said.
Thadeus Greenson can be reached at 441-0509 or tgreenson@times-standard.com
3.29.2007
yougofree.com
yougofree.com
LAW OFFICE OF
JEFFREY DEAN SCHWARTZ
ATTORNEY AT LAW
360 Ritch Street Ste. 201
San Francisco, California 94107
415-777-3170
Humboldt County
Mendocino County
EXPERIENCE
Experience:
JEFFREY DEAN SCHWARTZ A California Lawyer who is a California Criminal Defense Attorney based in San Francisco. Serving as a San Francisco Attorney in the greater Bay Area, Humboldt County and all of Northern California, he is a seasoned Appellate Lawyer as well as a very experienced criminal trial lawyer. Mr. Schwartz is also closely associated with trusted and experienced colleagues in Southern California, who assist him locally for all criminal defense cases in Southern California, where he began his career before moving to San Francisco in 1992. A graduate of Columbia University in New York City and John Marshall School of Law in Chicago, he has been working exclusively as a criminal defense attorney since the early eighties.
First and foremost Mr. Schwartz is an experienced trial lawyer. He has tried numerous cases from the smallest misdemeanors to death penalty murders. His successes include acquittals or dismissals in just about every kind of case including murders, drug trafficking, domestic violence, white-collar crime, robbery and more.
Not only has Mr. Schwartz successfully tried a death penalty case, he has vast experience at appellate work including a death penalty appeal and habeas petition. His experience with appeals complements his in-court trial work adding an academic element often missing from one-dimensional trial attorneys. Mr. Schwartz says that dismissals come because of his keen knowledge of pretrial motions that lead to winning cases on legal technicalities. Acquittals come with talent, skill and complex trial experience. Talent, skill and complex trial experience is what Mr. Schwartz is all about. For some of the news gathering highlights of Mr. Schwartz' career, please refer to his web page entitled "Good News."
Education:
Columbia University, M.S., 1989
John Marshall Law School, J.D., 1979
California State University, B.A., 1974
Organizations/Past and Present
Admitted to the United States Supreme Court, California Supreme Court, the Ninth Circuit Court of Appeals, the Central, Eastern and Northern California Federal District Courts, and all other California state courts.
Member of the California Supreme Court Death Penalty Panel, the First, Second and Fourth District Courts of Appeal appellate panels.
Member of the Murder/Death Trial Panel in San Francisco Superior Court.
Member of the California State Bar, Bar Association of San Francisco, National Lawyers Guild, California Attorneys for Criminal Justice and the National Association of Criminal Defense Attorneys.
Board Member of the award winning Machen Community Center for Developing Minds in San Francisco.
Committee Member of the Sierra Club legal defense committee, retired.
Board Member of the Hollywood Bar Association, retired.
Teaching:
Associate Professor and Law Instructor, Chapman University, Orange 1990-92. Taught Criminal Law, Criminal Procedure, Legal Research & Writing and Business Law on an adjunct basis.
415-777-3170
home | news | legal | experience | e-mail | site map
attorney search | dui directory | link to us/add your site
Now handling Cyber Crime and Computer Fraud, as an Internet Fraud Lawyer, Jeffrey Dean Schwartz is one of the premier Criminal Defense Attorneys in San Francisco. From Misdemeanors to Murder, his criminal defense will level the playing field and he relishes getting good results. Below you will find just a few news clips about what Jeffrey Schwartz has accomplished in the criminal defense arena in California, San Francisco and the surrounding Bay Area.
Drug trafficking charges dismissed
The Desert Sun
"The District Attorney is going to have to bring in real people and real evidence." Jeffrey Schwartz, defense attorney.
Bus Driver acquitted of murder
The Desert Sun
"Justice has been served," said the defendant's twin sister who had waited outside the courtroom throughout the trial. "The evidence was very weak", defendant's attorney Jeffrey Schwartz said.
Valley man cleared by jury of July murder
The Press-Enterprise
A Superior Court jury yesterday cleared a Coachella man who had been accused of murder based on eyewitness accounts, including his daughter's. His defense attorney, Jeffrey Schwartz, argued for acquittal in his summation to the jury Thursday afternoon. The prosecution, he said, had charged the wrong man using unreliable evidence from unstable people.
Jury deadlocks in Defendant's trial for murder
The Press-Enterprise
An Indio jury deadlocked 9-3 yesterday in favor of the acquittal of the defendant on charges of murder, robbery and assault in an attack on two men last August in a Thermal vineyard. The mistrial was declared shortly after the testimony of the key prosecution witness was reread to the jury yesterday afternoon.
Convict claims court is unconstitutional his appeal objects to municipal court judges hearing superior court cases.
The Press-Enterprise
A man serving seven years in prison for shooting a Rancho Mirage man wants his conviction reversed, saying he was prosecuted by an unconstitutional court system in Riverside County. He is taking aim at the judge who sent him to the California Institution for Men at Chino. The argument was raised by Stamps' appellate attorney, Jeffrey Schwartz of San Francisco, in a brief filed last week with the state 4th District Court of Appeal in San Bernardino.
Deputy demoted after beating inquiry
The San Francisco Chronicle
A veteran San Francisco sheriff's deputy has been demoted in rank and suspended for 30 days after an investigation into allegations that he beat an inmate who threw water and feces in his face. Jeffrey Schwartz, the inmate's attorney, has filed a complaint with the U.S. Justice Department's Civil Rights Division, and a federal grand jury investigation is under way.
Full articles are available for review upon request.
LAW OFFICE OF
JEFFREY DEAN SCHWARTZ
ATTORNEY AT LAW
360 Ritch Street Ste. 201
San Francisco, California 94107
415-777-3170
Humboldt County
Mendocino County
EXPERIENCE
Experience:
JEFFREY DEAN SCHWARTZ A California Lawyer who is a California Criminal Defense Attorney based in San Francisco. Serving as a San Francisco Attorney in the greater Bay Area, Humboldt County and all of Northern California, he is a seasoned Appellate Lawyer as well as a very experienced criminal trial lawyer. Mr. Schwartz is also closely associated with trusted and experienced colleagues in Southern California, who assist him locally for all criminal defense cases in Southern California, where he began his career before moving to San Francisco in 1992. A graduate of Columbia University in New York City and John Marshall School of Law in Chicago, he has been working exclusively as a criminal defense attorney since the early eighties.
First and foremost Mr. Schwartz is an experienced trial lawyer. He has tried numerous cases from the smallest misdemeanors to death penalty murders. His successes include acquittals or dismissals in just about every kind of case including murders, drug trafficking, domestic violence, white-collar crime, robbery and more.
Not only has Mr. Schwartz successfully tried a death penalty case, he has vast experience at appellate work including a death penalty appeal and habeas petition. His experience with appeals complements his in-court trial work adding an academic element often missing from one-dimensional trial attorneys. Mr. Schwartz says that dismissals come because of his keen knowledge of pretrial motions that lead to winning cases on legal technicalities. Acquittals come with talent, skill and complex trial experience. Talent, skill and complex trial experience is what Mr. Schwartz is all about. For some of the news gathering highlights of Mr. Schwartz' career, please refer to his web page entitled "Good News."
Education:
Columbia University, M.S., 1989
John Marshall Law School, J.D., 1979
California State University, B.A., 1974
Organizations/Past and Present
Admitted to the United States Supreme Court, California Supreme Court, the Ninth Circuit Court of Appeals, the Central, Eastern and Northern California Federal District Courts, and all other California state courts.
Member of the California Supreme Court Death Penalty Panel, the First, Second and Fourth District Courts of Appeal appellate panels.
Member of the Murder/Death Trial Panel in San Francisco Superior Court.
Member of the California State Bar, Bar Association of San Francisco, National Lawyers Guild, California Attorneys for Criminal Justice and the National Association of Criminal Defense Attorneys.
Board Member of the award winning Machen Community Center for Developing Minds in San Francisco.
Committee Member of the Sierra Club legal defense committee, retired.
Board Member of the Hollywood Bar Association, retired.
Teaching:
Associate Professor and Law Instructor, Chapman University, Orange 1990-92. Taught Criminal Law, Criminal Procedure, Legal Research & Writing and Business Law on an adjunct basis.
415-777-3170
home | news | legal | experience | e-mail | site map
attorney search | dui directory | link to us/add your site
Now handling Cyber Crime and Computer Fraud, as an Internet Fraud Lawyer, Jeffrey Dean Schwartz is one of the premier Criminal Defense Attorneys in San Francisco. From Misdemeanors to Murder, his criminal defense will level the playing field and he relishes getting good results. Below you will find just a few news clips about what Jeffrey Schwartz has accomplished in the criminal defense arena in California, San Francisco and the surrounding Bay Area.
Drug trafficking charges dismissed
The Desert Sun
"The District Attorney is going to have to bring in real people and real evidence." Jeffrey Schwartz, defense attorney.
Bus Driver acquitted of murder
The Desert Sun
"Justice has been served," said the defendant's twin sister who had waited outside the courtroom throughout the trial. "The evidence was very weak", defendant's attorney Jeffrey Schwartz said.
Valley man cleared by jury of July murder
The Press-Enterprise
A Superior Court jury yesterday cleared a Coachella man who had been accused of murder based on eyewitness accounts, including his daughter's. His defense attorney, Jeffrey Schwartz, argued for acquittal in his summation to the jury Thursday afternoon. The prosecution, he said, had charged the wrong man using unreliable evidence from unstable people.
Jury deadlocks in Defendant's trial for murder
The Press-Enterprise
An Indio jury deadlocked 9-3 yesterday in favor of the acquittal of the defendant on charges of murder, robbery and assault in an attack on two men last August in a Thermal vineyard. The mistrial was declared shortly after the testimony of the key prosecution witness was reread to the jury yesterday afternoon.
Convict claims court is unconstitutional his appeal objects to municipal court judges hearing superior court cases.
The Press-Enterprise
A man serving seven years in prison for shooting a Rancho Mirage man wants his conviction reversed, saying he was prosecuted by an unconstitutional court system in Riverside County. He is taking aim at the judge who sent him to the California Institution for Men at Chino. The argument was raised by Stamps' appellate attorney, Jeffrey Schwartz of San Francisco, in a brief filed last week with the state 4th District Court of Appeal in San Bernardino.
Deputy demoted after beating inquiry
The San Francisco Chronicle
A veteran San Francisco sheriff's deputy has been demoted in rank and suspended for 30 days after an investigation into allegations that he beat an inmate who threw water and feces in his face. Jeffrey Schwartz, the inmate's attorney, has filed a complaint with the U.S. Justice Department's Civil Rights Division, and a federal grand jury investigation is under way.
Full articles are available for review upon request.
3.25.2007
yougofree.com
Jeffrey Dean Schwartz
San Francisco Criminal Attorney - Criminal Lawyer Jeffrey Schwartz is a San
Francisco Criminal Defense Attorney and California Appellate Lawyer specializing ...
www.yougofree.com/ - 14k - Cached - Similar pages
San Francisco Criminal Attorney - Criminal Lawyer Jeffrey Schwartz is a San
Francisco Criminal Defense Attorney and California Appellate Lawyer specializing ...
www.yougofree.com/ - 14k - Cached - Similar pages
3.04.2007
Bay City News - Re-trial granted for Napoleon Brown murder conviction
Re-trial granted for Napoleon Brown murder conviction
By Adam Martin, Bay City News Service
March 11, 2006
SAN FRANCISCO (BCN) - Convicted robber Napoleon Brown appeared in San Francisco Superior Court today as lawyers in his case discussed a re-trial motion recently granted to him on his murder conviction.
Brown was found guilty in May of three counts of robbery, one count of carjacking and one count of murder for a June 2000 incident in which he and an accomplice robbed Johnny Rocket's restaurant on Chestnut Street.
After the robbery Brown, then 28, and Sala Thorn, then 24, allegedly carjacked 25-year-old Lenties White, pushing her out of the car on the Golden Gate Bridge, where she was fatally struck by a drunken driver.
Thorn was found not guilty of all charges except felony evading police.
After his conviction, Brown's lead attorney, Jeffrey Schwartz, went to work for the Humboldt County district attorney's office and a new lawyer, Marc Zilversmit, joined Brown's defense team along with David Wise, who had helped argue Brown's case in the trial.
On Feb. 27, Judge Jerome Benson granted their motion to re-try the murder case on the grounds of ineffective assistance of counsel.
"Since David was one of the trial lawyers it would have put him in a difficult position to argue that he or his fellow trial lawyer had been ineffective in the previous trial,'' Zilversmit said today.
Zilversmit and Wise filed a re-trial motion for all counts in November, Zilversmit said. That motion was denied in January but Benson later said he had some problems with the murder charge, Zilversmit said.
Wise, Zilversmit and prosecutor Robert Gordon filed points on the murder charge, Zilversmit said, and on Feb. 22 Wise and Zilversmit argued in court that Schwartz had not used every option in his arguments in Brown's defense.
They said Schwartz had failed to fully argue that the chain of causation had been broken in Brown's connection to White's death. Since White had been hit by a drunken driver, they argued, and since she had survived for a time while in the care of emergency personnel after being hit, Brown was not directly the cause of White's death.
Gordon argued that a representative from the California Highway Patrol had given testimony stating that even if the driver who hit White had been sober, the accident would have been unavoidable.
On Feb. 27, Benson granted Wise and Zilversmit's motion to re try the murder charge. The robbery and carjacking convictions remain.
Today Gordon said he had not decided whether to pursue the murder charge or drop it and let Brown be sentenced for his other crimes.
"The matter is still under consideration,'' he said.
Wise said today that even if the murder charge were dropped, Brown faces 20 to 40 years in prison for robbery and carjacking.
Copyright © 2006 by Bay City News, Inc. -- Republication, Rebroadcast or any other Reuse without the express written consent of Bay City News, Inc. is prohibited.
By Adam Martin, Bay City News Service
March 11, 2006
SAN FRANCISCO (BCN) - Convicted robber Napoleon Brown appeared in San Francisco Superior Court today as lawyers in his case discussed a re-trial motion recently granted to him on his murder conviction.
Brown was found guilty in May of three counts of robbery, one count of carjacking and one count of murder for a June 2000 incident in which he and an accomplice robbed Johnny Rocket's restaurant on Chestnut Street.
After the robbery Brown, then 28, and Sala Thorn, then 24, allegedly carjacked 25-year-old Lenties White, pushing her out of the car on the Golden Gate Bridge, where she was fatally struck by a drunken driver.
Thorn was found not guilty of all charges except felony evading police.
After his conviction, Brown's lead attorney, Jeffrey Schwartz, went to work for the Humboldt County district attorney's office and a new lawyer, Marc Zilversmit, joined Brown's defense team along with David Wise, who had helped argue Brown's case in the trial.
On Feb. 27, Judge Jerome Benson granted their motion to re-try the murder case on the grounds of ineffective assistance of counsel.
"Since David was one of the trial lawyers it would have put him in a difficult position to argue that he or his fellow trial lawyer had been ineffective in the previous trial,'' Zilversmit said today.
Zilversmit and Wise filed a re-trial motion for all counts in November, Zilversmit said. That motion was denied in January but Benson later said he had some problems with the murder charge, Zilversmit said.
Wise, Zilversmit and prosecutor Robert Gordon filed points on the murder charge, Zilversmit said, and on Feb. 22 Wise and Zilversmit argued in court that Schwartz had not used every option in his arguments in Brown's defense.
They said Schwartz had failed to fully argue that the chain of causation had been broken in Brown's connection to White's death. Since White had been hit by a drunken driver, they argued, and since she had survived for a time while in the care of emergency personnel after being hit, Brown was not directly the cause of White's death.
Gordon argued that a representative from the California Highway Patrol had given testimony stating that even if the driver who hit White had been sober, the accident would have been unavoidable.
On Feb. 27, Benson granted Wise and Zilversmit's motion to re try the murder charge. The robbery and carjacking convictions remain.
Today Gordon said he had not decided whether to pursue the murder charge or drop it and let Brown be sentenced for his other crimes.
"The matter is still under consideration,'' he said.
Wise said today that even if the murder charge were dropped, Brown faces 20 to 40 years in prison for robbery and carjacking.
Copyright © 2006 by Bay City News, Inc. -- Republication, Rebroadcast or any other Reuse without the express written consent of Bay City News, Inc. is prohibited.
1.27.2007
ER - Yunque found not guilty
Yunque found not guilty
by Kara D. Machado, 1/26/2007
A jury found Carol Ann Yunque not guilty of assaulting Kathleen McLaughlin.
The jury’s verdict was announced Thursday morning, although jurors made their decision after less than an hour Wednesday.
Yunque was obviously happy.
“This is the end of a very, very long vigil,” Yunque said. “And I will have to rebuild my life; this has destroyed my life.”
Yunque, 59, of Princeton, N.J., could have faced a maximum of three years in prison had she been convicted of felony battery with serious bodily injury, her attorney Mark C. Bruce, has said.
The case stems from a Jan. 27, 2006, incident in which Yunque slapped McLaughlin, 55, of Port Orford, Ore., at a mutual friend’s house in Fortuna.
McLaughlin claimed Yunque had punched her, not slapped her, causing two fractures to her jaw and chin area and misalignment of her bottom teeth. McLaughlin also claimed the act was not done in self-defense.
Bruce said, in talking with jurors after court proceedings Thursday, “it was very clear to them that (Yunque) acted in self-defense.”
“I think they did justice,” Bruce said. “I think they listened, heard the truth and recognized the truth, and were not afraid (to) bring their verdict based on the truth.
“It was a really good jury.”
Humboldt County Deputy District Attorney Jeffrey Schwartz, who prosecuted Yunque, said he was disappointed with the verdict, but respectful of the jurors’ judgment.
Schwartz said when he, too, talked to the jurors Thursday, they told him one reason they reached their verdict was because they had reasonable doubt Yunque may or may not have acted in self-defense.
“They had reasonable doubt and that’s all that counts,” Schwartz said, “and I certainly respect them on that issue.”
Schwartz said it was hard to phone McLaughlin with the jury’s verdict and that she was disappointed, as was he.
“I’m a little surprised of the quickness of the verdict,” Schwartz said. “I would have thought there would have been more deliberation, but I’m always respectful of what jurors have to do.
“ ... They’re set as objective fact finders. That’s what our system is all about and I believe that’s fair.”
Bruce said he believes what took place between Yunque and McLaughlin last year was “exactly what I told the jury.”
“(Yunque) slapped (McLaughlin) because McLaughlin was being very threatening, and McLaughlin used that as an opportunity to try to cash in,” Bruce said, “and went around to where the blood (was later found) in the garage and told her boyfriend to loosen a tooth and ‘we’ll sue her,’ and he just hit her a little too hard.”
Schwartz said he still maintains Bruce’s version of what happened is “ridiculous.”
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
by Kara D. Machado, 1/26/2007
A jury found Carol Ann Yunque not guilty of assaulting Kathleen McLaughlin.
The jury’s verdict was announced Thursday morning, although jurors made their decision after less than an hour Wednesday.
Yunque was obviously happy.
“This is the end of a very, very long vigil,” Yunque said. “And I will have to rebuild my life; this has destroyed my life.”
Yunque, 59, of Princeton, N.J., could have faced a maximum of three years in prison had she been convicted of felony battery with serious bodily injury, her attorney Mark C. Bruce, has said.
The case stems from a Jan. 27, 2006, incident in which Yunque slapped McLaughlin, 55, of Port Orford, Ore., at a mutual friend’s house in Fortuna.
McLaughlin claimed Yunque had punched her, not slapped her, causing two fractures to her jaw and chin area and misalignment of her bottom teeth. McLaughlin also claimed the act was not done in self-defense.
Bruce said, in talking with jurors after court proceedings Thursday, “it was very clear to them that (Yunque) acted in self-defense.”
“I think they did justice,” Bruce said. “I think they listened, heard the truth and recognized the truth, and were not afraid (to) bring their verdict based on the truth.
“It was a really good jury.”
Humboldt County Deputy District Attorney Jeffrey Schwartz, who prosecuted Yunque, said he was disappointed with the verdict, but respectful of the jurors’ judgment.
Schwartz said when he, too, talked to the jurors Thursday, they told him one reason they reached their verdict was because they had reasonable doubt Yunque may or may not have acted in self-defense.
“They had reasonable doubt and that’s all that counts,” Schwartz said, “and I certainly respect them on that issue.”
Schwartz said it was hard to phone McLaughlin with the jury’s verdict and that she was disappointed, as was he.
“I’m a little surprised of the quickness of the verdict,” Schwartz said. “I would have thought there would have been more deliberation, but I’m always respectful of what jurors have to do.
“ ... They’re set as objective fact finders. That’s what our system is all about and I believe that’s fair.”
Bruce said he believes what took place between Yunque and McLaughlin last year was “exactly what I told the jury.”
“(Yunque) slapped (McLaughlin) because McLaughlin was being very threatening, and McLaughlin used that as an opportunity to try to cash in,” Bruce said, “and went around to where the blood (was later found) in the garage and told her boyfriend to loosen a tooth and ‘we’ll sue her,’ and he just hit her a little too hard.”
Schwartz said he still maintains Bruce’s version of what happened is “ridiculous.”
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
12.14.2006
ER - Churchill sentencing continued due to plea error
Another plea bargain and confusion in the courtroom....
Churchill sentencing continued due to plea error
by Kara D. Machado, 12/13/2006
Due to a plea agreement error, William Richard Churchill’s sentencing was postponed Wednesday.
Humboldt County Deputy District Attorney Jeffrey Schwartz and Churchill’s attorney, Russ Clanton, met with Humboldt County Superior Court Judge Christopher Wilson at the beginning of proceedings to discuss the matter before Clanton talked quietly with his client.
Last month, Churchill pleaded no contest to a plea of assault, with serious bodily injury, during a time Schwartz — the prosecutor in the case — was not available to be in court.
Schwartz said there was confusion with the Deputy DA present at the prior plea proceedings on what plea bargain was actually agreed upon by both the prosecution and defense.
Wednesday, everything was cleared up, with Churchill pleading no contest to his agreed-upon plea — aggravated assault with a deadly weapon — being a knife.
At sentencing, Churchill faces a maximum of four years in prison and a minimum of three years probation, Schwartz said.
The plea is also a strike offense, meaning if Churchill is subsequently convicted of another felony, that penalty would be doubled. A third strike is punishable with a prison term of 25 years to life.
Schwartz said he would not argue against anything the probation department and, ultimately, Wilson decide to sentence Churchill to — even probation.
Churchill’s case stems from an altercation that occurred on Jan. 25 at The Shanty bar in Old Town, Eureka, after Churchill, 31, of Eureka, in which Matthew Fordham, 26, of Eureka, was ultimately stabbed multiple times.
Churchill’s initial charges include the attempted murder of Fordham.
During Wednesday’s proceedings, Fordham spoke about the altercation.
Fordham pulled up his sleeves and the bottom of his shirt to show Wilson his scars.
Wilson asked Fordham how the altercation began.
“It started as an argument on the telephone (and) he said he was going to come down there,” Fordham said. “I honestly didn’t think he’d show up, (and) 45 minutes later he was just there.
“We started rolling around, wrestling on the ground and it got broken up.”
The fight was broken up, Fordham said, and Churchill ended up outside.
“I was still upset and went out there,” Fordham said.
Fordham said he didn’t really know what to expect, but “kind of” knew the altercation would continue.
“I was hoping we could settle (our) differences,” Fordham said, “so if we ran into each other on the street (the fighting) wouldn’t happen all the time.”
After court, Clanton said Fordham had “tackled” Churchill when he had went outside The Shanty.
“Churchill was put in a position to defend himself,” Clanton said. “There is no dispute that Fordham started the altercation (with the initial calls).”
Schwartz said Fordham was stabbed between 17 and 19 times, with some stabbing/slashes piercing Fordham’s liver and puncturing a lung.
Churchill kept his body and head turned toward Wilson Wednesday, not making eye contact with Fordham.
Churchill will return to court at 2 p.m. Jan. 12 for sentencing.
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
Churchill sentencing continued due to plea error
by Kara D. Machado, 12/13/2006
Due to a plea agreement error, William Richard Churchill’s sentencing was postponed Wednesday.
Humboldt County Deputy District Attorney Jeffrey Schwartz and Churchill’s attorney, Russ Clanton, met with Humboldt County Superior Court Judge Christopher Wilson at the beginning of proceedings to discuss the matter before Clanton talked quietly with his client.
Last month, Churchill pleaded no contest to a plea of assault, with serious bodily injury, during a time Schwartz — the prosecutor in the case — was not available to be in court.
Schwartz said there was confusion with the Deputy DA present at the prior plea proceedings on what plea bargain was actually agreed upon by both the prosecution and defense.
Wednesday, everything was cleared up, with Churchill pleading no contest to his agreed-upon plea — aggravated assault with a deadly weapon — being a knife.
At sentencing, Churchill faces a maximum of four years in prison and a minimum of three years probation, Schwartz said.
The plea is also a strike offense, meaning if Churchill is subsequently convicted of another felony, that penalty would be doubled. A third strike is punishable with a prison term of 25 years to life.
Schwartz said he would not argue against anything the probation department and, ultimately, Wilson decide to sentence Churchill to — even probation.
Churchill’s case stems from an altercation that occurred on Jan. 25 at The Shanty bar in Old Town, Eureka, after Churchill, 31, of Eureka, in which Matthew Fordham, 26, of Eureka, was ultimately stabbed multiple times.
Churchill’s initial charges include the attempted murder of Fordham.
During Wednesday’s proceedings, Fordham spoke about the altercation.
Fordham pulled up his sleeves and the bottom of his shirt to show Wilson his scars.
Wilson asked Fordham how the altercation began.
“It started as an argument on the telephone (and) he said he was going to come down there,” Fordham said. “I honestly didn’t think he’d show up, (and) 45 minutes later he was just there.
“We started rolling around, wrestling on the ground and it got broken up.”
The fight was broken up, Fordham said, and Churchill ended up outside.
“I was still upset and went out there,” Fordham said.
Fordham said he didn’t really know what to expect, but “kind of” knew the altercation would continue.
“I was hoping we could settle (our) differences,” Fordham said, “so if we ran into each other on the street (the fighting) wouldn’t happen all the time.”
After court, Clanton said Fordham had “tackled” Churchill when he had went outside The Shanty.
“Churchill was put in a position to defend himself,” Clanton said. “There is no dispute that Fordham started the altercation (with the initial calls).”
Schwartz said Fordham was stabbed between 17 and 19 times, with some stabbing/slashes piercing Fordham’s liver and puncturing a lung.
Churchill kept his body and head turned toward Wilson Wednesday, not making eye contact with Fordham.
Churchill will return to court at 2 p.m. Jan. 12 for sentencing.
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
10.28.2006
ER - Prosecutor assigned to Child Abuse Services Team
Prosecutor assigned to Child Abuse Services Team
Prosecutor assigned to Child Abuse Services Team
by Christine Bensen-Messinger, 9/22/2006
After serving as the main deputy prosecuting child abuse cases for the Humboldt County District Attorney’s Office for a little more than a year, Maggie Fleming has started focusing on other felony cases.
Deputy District Attorney Jeffrey Schwartz, who has been with the office for approximately one year, is taking over her caseload, which he said he is looking forward to.
He still has some cases to finish up, as does Fleming, but Schwartz has already started being involved in the Child Abuse Services Team, he said.
“I am looking forward to it. I was a little concerned at first working in that area … but I have been doing it for about two or three weeks (and) I am impressed with the team that is already in place,” Schwartz said.
“My understanding is that I am going to stay on as the director of CAST,” Fleming said. “I will still be picking up some of the cases. We have a lot of jobs in the office that people share.”
In general, Fleming said her focus will be prosecuting felony cases.
“I‘ve got a homicide and some other cases that I’ve held onto,” she said.
“The CAST director became an official position through a modification of the bylaws to create the director position last year,” said Humboldt County District Attorney Paul Gallegos.
Gallegos said he and Phillip Crandall, director of the county’s department of Health and Human Services, thought it was necessary to create the position to streamline the decision-making process in CAST.
“Maggie was assigned to that position. She has met all of my expectations in that role and, at this time, she remains in that position,” he said.
CAST is made up of members from the District Attorney’s Office; local law-enforcement agencies; Child Welfare Services; the Department of Health and Human Services Mental Health Division, Child, Youth and Family Services Division, and Public Health Branch; North Coast Rape Crisis Team; Sexual Assault Response Team; the Humboldt County Probation Department; and local tribes.
The way CAST works is that once law enforcement opens a case, the alleged abused child and his/her family go to the CAST office so that the child’s statement can be taken and the family interviewed too, according to a previous article in The Eureka Reporter.
If the alleged abuser is a member of the family, they are not allowed at the CAST office, the article stated.
To avoid putting a parent or guardian in the situation of being a possible witness for the defense, the interview is done without the parent or guardian of the child present, the article stated.
Once the alleged abused child and family arrive, the child is brought into a room with a trained interviewer. If at any time the child needs a break, it is granted, the article stated.
Although he is finishing up some other cases, Schwartz said at this point he is spending most of his time working on CAST.
“I am going to all the CAST interviews and do everything that a CAST prosecutor will do,” he said.
Gallegos said it is not unusual for prosecutors to rotate assignments.
“We rotate assignments as we believe it is necessary,” he said. “Our goal is to cross-train our felony attorneys to CAST and to all other areas of our office and to rotate them into those positions over an appropriate period of time so they can both obtain and maintain that expertise. The prosecution of child abuse is especially important. Therefore, we want every felony attorney to be trained to handle those cases.”
As for how long Schwartz will be the CAST attorney, Gallegos said nothing is ever set in stone.
“We rotate assignments as we believe it is necessary,” he said. “Many things could extend or shorten an assignment to a particular area.”
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
RELATED STORIES:
ER - Gallegos responds to county grand jury's criticism of his office regarding CAST
ER - DA's Office yet to respond to request for child abuse records
Prosecutor assigned to Child Abuse Services Team
by Christine Bensen-Messinger, 9/22/2006
After serving as the main deputy prosecuting child abuse cases for the Humboldt County District Attorney’s Office for a little more than a year, Maggie Fleming has started focusing on other felony cases.
Deputy District Attorney Jeffrey Schwartz, who has been with the office for approximately one year, is taking over her caseload, which he said he is looking forward to.
He still has some cases to finish up, as does Fleming, but Schwartz has already started being involved in the Child Abuse Services Team, he said.
“I am looking forward to it. I was a little concerned at first working in that area … but I have been doing it for about two or three weeks (and) I am impressed with the team that is already in place,” Schwartz said.
“My understanding is that I am going to stay on as the director of CAST,” Fleming said. “I will still be picking up some of the cases. We have a lot of jobs in the office that people share.”
In general, Fleming said her focus will be prosecuting felony cases.
“I‘ve got a homicide and some other cases that I’ve held onto,” she said.
“The CAST director became an official position through a modification of the bylaws to create the director position last year,” said Humboldt County District Attorney Paul Gallegos.
Gallegos said he and Phillip Crandall, director of the county’s department of Health and Human Services, thought it was necessary to create the position to streamline the decision-making process in CAST.
“Maggie was assigned to that position. She has met all of my expectations in that role and, at this time, she remains in that position,” he said.
CAST is made up of members from the District Attorney’s Office; local law-enforcement agencies; Child Welfare Services; the Department of Health and Human Services Mental Health Division, Child, Youth and Family Services Division, and Public Health Branch; North Coast Rape Crisis Team; Sexual Assault Response Team; the Humboldt County Probation Department; and local tribes.
The way CAST works is that once law enforcement opens a case, the alleged abused child and his/her family go to the CAST office so that the child’s statement can be taken and the family interviewed too, according to a previous article in The Eureka Reporter.
If the alleged abuser is a member of the family, they are not allowed at the CAST office, the article stated.
To avoid putting a parent or guardian in the situation of being a possible witness for the defense, the interview is done without the parent or guardian of the child present, the article stated.
Once the alleged abused child and family arrive, the child is brought into a room with a trained interviewer. If at any time the child needs a break, it is granted, the article stated.
Although he is finishing up some other cases, Schwartz said at this point he is spending most of his time working on CAST.
“I am going to all the CAST interviews and do everything that a CAST prosecutor will do,” he said.
Gallegos said it is not unusual for prosecutors to rotate assignments.
“We rotate assignments as we believe it is necessary,” he said. “Our goal is to cross-train our felony attorneys to CAST and to all other areas of our office and to rotate them into those positions over an appropriate period of time so they can both obtain and maintain that expertise. The prosecution of child abuse is especially important. Therefore, we want every felony attorney to be trained to handle those cases.”
As for how long Schwartz will be the CAST attorney, Gallegos said nothing is ever set in stone.
“We rotate assignments as we believe it is necessary,” he said. “Many things could extend or shorten an assignment to a particular area.”
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
RELATED STORIES:
ER - Gallegos responds to county grand jury's criticism of his office regarding CAST
ER - DA's Office yet to respond to request for child abuse records
ER - Three in Whitethorn case get probation
Three in Whitethorn case get probation
by Kara D. Machado, 9/14/2006
Despite the negative statements by Humboldt County Deputy District Attorney Jeffrey Schwartz that a probation official was inept in her recommendations for the four Whitethorn kidnapping/rape defendants, three of the men were sentenced Wednesday to three years of formal, supervised probation.
The other will await his fate in custody as a judge determines the details of his plea agreement with the Humboldt County District Attorney’s Office.
“I’m sorely upset about the probation report,” Schwartz said to Humboldt County Superior Court Judge Christopher Wilson. “It’s really, really an almost unprofessional probation report.”
Nate Robin Garza, 21, Deshawn Lee Moore, 32, and Gregory Donald Scheider, 31, were the three to receive probation. Levi Garza, 21, is scheduled to return to court, after Wilson reads July plea transcripts, on Sept. 27 at 2 p.m.
The four men were initially accused of kidnapping and raping a woman in Whitethorn in March after a debt to Levi Garza was not paid.
According to past testimony, the woman claimed she was kidnapped for two days and tied to a tree in Whitethorn for 24 hours.
Each of the defendants had many of the charges against them dropped as part of a deal with the Humboldt County District Attorney’s Office.
The men have been in jail since their March 16 arrest.
Nate Garza, Moore and Scheider later accepted a plea agreement of false imprisonment, with Levi Garza additionally pleading guilty to kidnapping and marijuana trafficking.
The Garzas, who are twins, were led into Wilson’s courtroom Wednesday handcuffed together. Behind them, also handcuffed together, were Scheider and Moore.
All wore orange jail-issued jumpsuits, with white long-sleeved shirts underneath. The Garzas and the other men sat, separated by a row of seats, in the courtroom jury box.
The courtroom was filled with supporters of the foursome.
Levi Garza’s attorney, Kenneth Bareilles, told a passionate story to Wilson about how he believed his client deserved a second chance at life, that he’s been honest about his crimes — even saying he wished he hadn’t gotten the other three defendants involved — and that Garza is “a product of Southern Humboldt County.”
“He wants a stepping stone to start a whole new life,” Bareilles said. He wants to be a good parent (to his infant daughter, born while he was in jail) — he didn’t have a lot of role models.
“He has a job waiting for him. He just wants to go to work like a regular person and come home to his wife and child. He’s guilty of what he pleaded to and he knows he needs to be punished.”
Bareilles described Garza as a young man with a troubled background who needs counseling to overcome that and the deaths of a brother (“killed in an accident”) and a sister (“by her own hands”).
Schwartz had no sympathy, characterizing Garza as having no remorse for what he did to the victim and said he “has been a thug — or at least thinks he’s a gangster — in Southern Humboldt County for (years) and he thinks he’s a big marijuana dealer.”
If Garza does not get formal, supervised parole, Wilson estimated a maximum penalty of five years and eight months in prison.
Of the statements the four men made in court, both Garzas’ being brief, Wilson was angered by Moore’s.
“Your honor, I was just at the wrong place at the wrong time,” Moore said. “I didn’t even know the (victim or what was really going on).
“I was just dumbfounded at the time and still dumbfounded.”
Wilson said, “I’m dumbfounded by your comment.” “There is no possible way you could not know what was going on ... that’s ridiculous.”
Because of Moore’s statement, Wilson said, Moore was sentenced to 60 days in the Humboldt County Correctional Facility for revocation of probation on a separate charge. Moore was also ordered to attend a domestic violence program and to return to court on Oct. 27 at 2:30 p.m. with proof of attendance.
If Nate, Moore and Scheider violate their probation, all three men will all face a two-year prison term, with Scheider facing an additional eight months for possession of methamphetamine.
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
Update:
Sentencing continued in statutory rape trial 5/21/2007
by Kara D. Machado, 9/14/2006
Despite the negative statements by Humboldt County Deputy District Attorney Jeffrey Schwartz that a probation official was inept in her recommendations for the four Whitethorn kidnapping/rape defendants, three of the men were sentenced Wednesday to three years of formal, supervised probation.
The other will await his fate in custody as a judge determines the details of his plea agreement with the Humboldt County District Attorney’s Office.
“I’m sorely upset about the probation report,” Schwartz said to Humboldt County Superior Court Judge Christopher Wilson. “It’s really, really an almost unprofessional probation report.”
Nate Robin Garza, 21, Deshawn Lee Moore, 32, and Gregory Donald Scheider, 31, were the three to receive probation. Levi Garza, 21, is scheduled to return to court, after Wilson reads July plea transcripts, on Sept. 27 at 2 p.m.
The four men were initially accused of kidnapping and raping a woman in Whitethorn in March after a debt to Levi Garza was not paid.
According to past testimony, the woman claimed she was kidnapped for two days and tied to a tree in Whitethorn for 24 hours.
Each of the defendants had many of the charges against them dropped as part of a deal with the Humboldt County District Attorney’s Office.
The men have been in jail since their March 16 arrest.
Nate Garza, Moore and Scheider later accepted a plea agreement of false imprisonment, with Levi Garza additionally pleading guilty to kidnapping and marijuana trafficking.
The Garzas, who are twins, were led into Wilson’s courtroom Wednesday handcuffed together. Behind them, also handcuffed together, were Scheider and Moore.
All wore orange jail-issued jumpsuits, with white long-sleeved shirts underneath. The Garzas and the other men sat, separated by a row of seats, in the courtroom jury box.
The courtroom was filled with supporters of the foursome.
Levi Garza’s attorney, Kenneth Bareilles, told a passionate story to Wilson about how he believed his client deserved a second chance at life, that he’s been honest about his crimes — even saying he wished he hadn’t gotten the other three defendants involved — and that Garza is “a product of Southern Humboldt County.”
“He wants a stepping stone to start a whole new life,” Bareilles said. He wants to be a good parent (to his infant daughter, born while he was in jail) — he didn’t have a lot of role models.
“He has a job waiting for him. He just wants to go to work like a regular person and come home to his wife and child. He’s guilty of what he pleaded to and he knows he needs to be punished.”
Bareilles described Garza as a young man with a troubled background who needs counseling to overcome that and the deaths of a brother (“killed in an accident”) and a sister (“by her own hands”).
Schwartz had no sympathy, characterizing Garza as having no remorse for what he did to the victim and said he “has been a thug — or at least thinks he’s a gangster — in Southern Humboldt County for (years) and he thinks he’s a big marijuana dealer.”
If Garza does not get formal, supervised parole, Wilson estimated a maximum penalty of five years and eight months in prison.
Of the statements the four men made in court, both Garzas’ being brief, Wilson was angered by Moore’s.
“Your honor, I was just at the wrong place at the wrong time,” Moore said. “I didn’t even know the (victim or what was really going on).
“I was just dumbfounded at the time and still dumbfounded.”
Wilson said, “I’m dumbfounded by your comment.” “There is no possible way you could not know what was going on ... that’s ridiculous.”
Because of Moore’s statement, Wilson said, Moore was sentenced to 60 days in the Humboldt County Correctional Facility for revocation of probation on a separate charge. Moore was also ordered to attend a domestic violence program and to return to court on Oct. 27 at 2:30 p.m. with proof of attendance.
If Nate, Moore and Scheider violate their probation, all three men will all face a two-year prison term, with Scheider facing an additional eight months for possession of methamphetamine.
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
Update:
Sentencing continued in statutory rape trial 5/21/2007
ER - Defendant withdraws release request
Defendant withdraws release request
by Christine Bensen-Messinger, 8/22/2006
Gregory Donald Scheider withdrew his request to be released on his own recognizance prior to his sentencing, which is scheduled to take place in mid-September.
Scheider, 31, along with Levi Cole Garza and his brother Nate Robin Garza, both 21, and Deshawn Lee Moore, 32, all pleaded guilty earlier this month to a variety of charges in connection with accusations that they kidnapped and raped a woman in Whitethorn in March. As part of a plea deal, the four men agreed to take lie detector tests.
“Three came back in their favor and one came back inconclusive,” said Humboldt County Deputy District Attorney Jeffrey Schwartz, adding that Scheider’s were inconclusive.
The four men each had charges against them dropped as part of a deal with the Humboldt County District Attorney’s Office.
Originally, Levi was charged with kidnapping with the intent to commit robbery or rape, conspiracy to sexually assault, sodomy in concert and possession of marijuana for sale.
Nate was charged with kidnapping with the intent to commit robbery or rape, conspiracy to sexually assault, unlawful oral copulation and sodomy in concert.
Scheider was charged with kidnapping with the intent to commit robbery or rape, conspiracy to sexually assault, sodomy in concert and unlawful possession of a specified controlled substance.
Moore was charged with kidnapping with the intent to commit robbery or rape, conspiracy to sexually assault, unlawful oral copulation and sodomy in concert.
As part of the plea, Schwartz said Nate, Scheider and Moore pleaded guilty to rape in concert and false imprisonment.
“Levi Garza (pleaded) guilty to both those charges, as well as kidnapping and marijuana trafficking,” Schwartz said.
The sex-related charges were dropped against all four men when their polygraph results came in.
The Garza brothers and Moore appeared in court Friday for their OR hearing.
At the beginning of the proceeding, Kenneth Bareilles — attorney for Levi Garza — told Humboldt County Superior Court Judge Christopher Wilson that his client had since decided he did not want to be released on OR.
Wilson denied the requests of the other two.
Scheider, Nate Garza and Moore are facing a maximum of three years in state prison. Levi Garza is facing five years in state prison.
The men are scheduled to be sentenced on Sept. 13, at 2 p.m., in the Humboldt County Courthouse in courtroom three.
(Kara D. Machado contributed to this story.)
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
Update:
Sentencing continued in statutory rape trial 5/21/2007
by Christine Bensen-Messinger, 8/22/2006
Gregory Donald Scheider withdrew his request to be released on his own recognizance prior to his sentencing, which is scheduled to take place in mid-September.
Scheider, 31, along with Levi Cole Garza and his brother Nate Robin Garza, both 21, and Deshawn Lee Moore, 32, all pleaded guilty earlier this month to a variety of charges in connection with accusations that they kidnapped and raped a woman in Whitethorn in March. As part of a plea deal, the four men agreed to take lie detector tests.
“Three came back in their favor and one came back inconclusive,” said Humboldt County Deputy District Attorney Jeffrey Schwartz, adding that Scheider’s were inconclusive.
The four men each had charges against them dropped as part of a deal with the Humboldt County District Attorney’s Office.
Originally, Levi was charged with kidnapping with the intent to commit robbery or rape, conspiracy to sexually assault, sodomy in concert and possession of marijuana for sale.
Nate was charged with kidnapping with the intent to commit robbery or rape, conspiracy to sexually assault, unlawful oral copulation and sodomy in concert.
Scheider was charged with kidnapping with the intent to commit robbery or rape, conspiracy to sexually assault, sodomy in concert and unlawful possession of a specified controlled substance.
Moore was charged with kidnapping with the intent to commit robbery or rape, conspiracy to sexually assault, unlawful oral copulation and sodomy in concert.
As part of the plea, Schwartz said Nate, Scheider and Moore pleaded guilty to rape in concert and false imprisonment.
“Levi Garza (pleaded) guilty to both those charges, as well as kidnapping and marijuana trafficking,” Schwartz said.
The sex-related charges were dropped against all four men when their polygraph results came in.
The Garza brothers and Moore appeared in court Friday for their OR hearing.
At the beginning of the proceeding, Kenneth Bareilles — attorney for Levi Garza — told Humboldt County Superior Court Judge Christopher Wilson that his client had since decided he did not want to be released on OR.
Wilson denied the requests of the other two.
Scheider, Nate Garza and Moore are facing a maximum of three years in state prison. Levi Garza is facing five years in state prison.
The men are scheduled to be sentenced on Sept. 13, at 2 p.m., in the Humboldt County Courthouse in courtroom three.
(Kara D. Machado contributed to this story.)
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
Update:
Sentencing continued in statutory rape trial 5/21/2007
ER - Judge Wilson denies release of Whitethorn defendants in kidnapping, rape case Friday
Judge Wilson denies release of Whitethorn defendants in kidnapping, rape case Friday
by Kara D. Machado, 8/18/2006
As of Friday afternoon, three of the four Whitethorn kidnapping/rape defendants will not be released on their own recognizance (OR).
Levi Cole Garza and his brother Nate Robin Garza, both 21, and Deshawn Lee Moore, 32, appeared in Humboldt County Superior Court Judge Christopher Wilson’s courtroom Friday, handcuffed to one another.
Moore led the trio — all wearing jail-issued orange jumpsuits — followed by Levi Garza, then Nate Garza. While sitting in the front row of the jury box, the three men appeared somber.
At the beginning of the trio’s proceeding, Kenneth Bareilles — attorney for Levi Garza — told Wilson that his client had since decided he did not want to be released on OR.
“He does not want to be released” from jail, Bareilles told Wilson. “He knows he is going to prison” and would like to use his time in jail as time served when being sentenced.
Wilson acknowledged the withdrawal of the OR request and initiated a future contact visit with Garza’s infant daughter.
According to Wilson’s comments in court, Garza’s significant other was pregnant at the time of his arrest and the child was born while he was in jail.
Garza, who is facing up to eight years in a state penitentiary, should have some kind of contact with his daughter before going to prison, Wilson said, and requested that officials look into the visit.
Neal Sanders, attorney for Nate Robin Garza, remained steadfast with his request for his client to be released on OR and be given a reduced bail.
In court, Sanders accused the victim in the Whitethorn case of lying during her testimony and said his client was not even present during any false imprisonment of the victim.
Wilson disagreed, saying Nate Garza acted in concert to the criminal events surrounding the victim and denied his OR request.
Moore’s attorney, Mike Eannarino, told Wilson that his client’s mistake was “simply being there and living at the house” during the time the victim said she was imprisoned and raped.
Moore had just moved into the Whitethorn home at the beginning of this year, in January or February, after moving from Birmingham to Seattle.
Wilson said, as with the other defendants, he is unsure to what he will sentence them. However, what he does know, Wilson said in court, is what they all pleaded guilty to and determined none were good candidates for OR.
Ultimately, Wilson denied OR to Moore as well.
Humboldt County Deputy District Attorney Jeffrey Schwartz said the defense attorneys’ arguments, in regard to the case, were “audacious” and merely a “futile effort” to get their clients out on OR.
The three men — as well as Gregory Donald Scheider, 31 — were accused of kidnapping and raping a woman in Whitethorn in March. Each had charges against them dropped as part of a deal with the Humboldt County District Attorney’s Office.
The men have been in jail since their March 16 arrest.
All four defendants pleaded guilty to a variety of charges earlier this month:
- Levi Garza was charged with kidnapping with the intent to commit robbery or rape, conspiracy to sexually assault, sodomy in concert and possession of marijuana for sale;
- Nate Garza was charged with kidnapping with the intent to commit robbery or rape, conspiracy to sexually assault, unlawful oral copulation and sodomy in concert;
- Scheider was charged with kidnapping with the intent to commit robbery or rape, conspiracy to sexually assault, sodomy in concert and unlawful possession of a specified controlled substance; and
- Moore was charged with kidnapping with the intent to commit robbery or rape, conspiracy to sexually assault, unlawful oral copulation and sodomy in concert.
Then, as part of a plea deal — which included a lie detector test — the foursome pleaded guilty to rape in concert and false imprisonment, with Levi Garza additionally pleading guilty to kidnapping and marijuana trafficking.
Schwartz has said three of the lie-detector results came back in the defendants’ favor. One was inconclusive.
As a result of the tests, the sex offense charges were dropped against the foursome.
Both Nate Garza and Moore are facing a maximum of three years in prison.
Scheider is scheduled for his OR hearing Monday.
Most likely, Wilson has said, he will deny all the OR requests.
The men are scheduled to be sentenced on Sept. 13, at 2 p.m., in the Humboldt County Courthouse in courtroom three.
(Kara D. Machado may be reached via e-mail at kmachado@eurekareporter.com.)
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
Update:
Sentencing continued in statutory rape trial 5/21/2007
by Kara D. Machado, 8/18/2006
As of Friday afternoon, three of the four Whitethorn kidnapping/rape defendants will not be released on their own recognizance (OR).
Levi Cole Garza and his brother Nate Robin Garza, both 21, and Deshawn Lee Moore, 32, appeared in Humboldt County Superior Court Judge Christopher Wilson’s courtroom Friday, handcuffed to one another.
Moore led the trio — all wearing jail-issued orange jumpsuits — followed by Levi Garza, then Nate Garza. While sitting in the front row of the jury box, the three men appeared somber.
At the beginning of the trio’s proceeding, Kenneth Bareilles — attorney for Levi Garza — told Wilson that his client had since decided he did not want to be released on OR.
“He does not want to be released” from jail, Bareilles told Wilson. “He knows he is going to prison” and would like to use his time in jail as time served when being sentenced.
Wilson acknowledged the withdrawal of the OR request and initiated a future contact visit with Garza’s infant daughter.
According to Wilson’s comments in court, Garza’s significant other was pregnant at the time of his arrest and the child was born while he was in jail.
Garza, who is facing up to eight years in a state penitentiary, should have some kind of contact with his daughter before going to prison, Wilson said, and requested that officials look into the visit.
Neal Sanders, attorney for Nate Robin Garza, remained steadfast with his request for his client to be released on OR and be given a reduced bail.
In court, Sanders accused the victim in the Whitethorn case of lying during her testimony and said his client was not even present during any false imprisonment of the victim.
Wilson disagreed, saying Nate Garza acted in concert to the criminal events surrounding the victim and denied his OR request.
Moore’s attorney, Mike Eannarino, told Wilson that his client’s mistake was “simply being there and living at the house” during the time the victim said she was imprisoned and raped.
Moore had just moved into the Whitethorn home at the beginning of this year, in January or February, after moving from Birmingham to Seattle.
Wilson said, as with the other defendants, he is unsure to what he will sentence them. However, what he does know, Wilson said in court, is what they all pleaded guilty to and determined none were good candidates for OR.
Ultimately, Wilson denied OR to Moore as well.
Humboldt County Deputy District Attorney Jeffrey Schwartz said the defense attorneys’ arguments, in regard to the case, were “audacious” and merely a “futile effort” to get their clients out on OR.
The three men — as well as Gregory Donald Scheider, 31 — were accused of kidnapping and raping a woman in Whitethorn in March. Each had charges against them dropped as part of a deal with the Humboldt County District Attorney’s Office.
The men have been in jail since their March 16 arrest.
All four defendants pleaded guilty to a variety of charges earlier this month:
- Levi Garza was charged with kidnapping with the intent to commit robbery or rape, conspiracy to sexually assault, sodomy in concert and possession of marijuana for sale;
- Nate Garza was charged with kidnapping with the intent to commit robbery or rape, conspiracy to sexually assault, unlawful oral copulation and sodomy in concert;
- Scheider was charged with kidnapping with the intent to commit robbery or rape, conspiracy to sexually assault, sodomy in concert and unlawful possession of a specified controlled substance; and
- Moore was charged with kidnapping with the intent to commit robbery or rape, conspiracy to sexually assault, unlawful oral copulation and sodomy in concert.
Then, as part of a plea deal — which included a lie detector test — the foursome pleaded guilty to rape in concert and false imprisonment, with Levi Garza additionally pleading guilty to kidnapping and marijuana trafficking.
Schwartz has said three of the lie-detector results came back in the defendants’ favor. One was inconclusive.
As a result of the tests, the sex offense charges were dropped against the foursome.
Both Nate Garza and Moore are facing a maximum of three years in prison.
Scheider is scheduled for his OR hearing Monday.
Most likely, Wilson has said, he will deny all the OR requests.
The men are scheduled to be sentenced on Sept. 13, at 2 p.m., in the Humboldt County Courthouse in courtroom three.
(Kara D. Machado may be reached via e-mail at kmachado@eurekareporter.com.)
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
Update:
Sentencing continued in statutory rape trial 5/21/2007
ER - CHARGES DROPPED IN RAPE CASE
CHARGES DROPPED IN RAPE CASE
by Christine Bensen-Messinger, 8/16/2006
The four men accused of kidnapping and raping a woman in Whitethorn in March have each had charges against them dropped as part of a deal with the Humboldt County District Attorney’s Office.
The men — Levi Cole Garza and his brother Nate Robin Garza, both 21, Gregory Donald Scheider, 31, and Deshawn Lee Moore, 32 — pleaded guilty to a variety of charges earlier this month. As part of a plea deal, the four men have agreed to take the lie detector tests.
“Three came back in their favor and one came back inconclusive,” said Humboldt County Deputy District Attorney Jeffrey Schwartz.
As a result, he said all four men will have the sex offense charges against them dropped.
Originally, Levi was charged with kidnapping with the intent to commit robbery or rape, conspiracy to sexually assault, sodomy in concert and possession of marijuana for sale.
Nate was charged with kidnapping with the intent to commit robbery or rape, conspiracy to sexually assault, unlawful oral copulation and sodomy in concert.
Scheider was charged with kidnapping with the intent to commit robbery or rape, conspiracy to sexually assault, sodomy in concert and unlawful possession of a specified controlled substance.
Moore was charged with kidnapping with the intent to commit robbery or rape, conspiracy to sexually assault, unlawful oral copulation and sodomy in concert.
As part of the plea, Humboldt County Deputy District Attorney Jeff Schwartz said Nate, Scheider and Moore pleaded guilty to rape in concert and false imprisonment.
“Levi Garza (pleaded) guilty to both those charges, as well as kidnapping and marijuana trafficking,” Schwartz said.
On Wednesday afternoon, Humboldt County Superior Court Judge Christopher Wilson dismissed the sex charges against the men and requested that the information be forwarded to the probation department for a sentencing recommendation.
Eureka-based attorney Neal Sanders, who is representing Nate, requested that he be released on his own recognizance prior to sentencing; attorneys for the other defendants asked for the same for their clients.
The men who were arrested March 16 have been incarcerated since.
“This case was not as originally advertised,” Sanders said.
“I know they have family members (and) I know they have ties to the community,” Wilson said.
But, he said, even without the sexual assault charges, the other charges the men pleaded guilty to are “egregious,” and he thinks they “place a danger to the community.”
Nate, Levi and Moore are scheduled to be in court Friday for a hearing about being released on their own recognizance. Scheider’s hearing is scheduled for Monday.
Most likely, Wilson said, he will deny the request for releasing them prior to sentencing.
All the men are facing time in state prison.
The men are scheduled to be sentenced on Sept. 13, at 2 p.m., in the Humboldt County Courthouse in courtroom three.
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
Update:
Sentencing continued in statutory rape trial 5/21/2007
by Christine Bensen-Messinger, 8/16/2006
The four men accused of kidnapping and raping a woman in Whitethorn in March have each had charges against them dropped as part of a deal with the Humboldt County District Attorney’s Office.
The men — Levi Cole Garza and his brother Nate Robin Garza, both 21, Gregory Donald Scheider, 31, and Deshawn Lee Moore, 32 — pleaded guilty to a variety of charges earlier this month. As part of a plea deal, the four men have agreed to take the lie detector tests.
“Three came back in their favor and one came back inconclusive,” said Humboldt County Deputy District Attorney Jeffrey Schwartz.
As a result, he said all four men will have the sex offense charges against them dropped.
Originally, Levi was charged with kidnapping with the intent to commit robbery or rape, conspiracy to sexually assault, sodomy in concert and possession of marijuana for sale.
Nate was charged with kidnapping with the intent to commit robbery or rape, conspiracy to sexually assault, unlawful oral copulation and sodomy in concert.
Scheider was charged with kidnapping with the intent to commit robbery or rape, conspiracy to sexually assault, sodomy in concert and unlawful possession of a specified controlled substance.
Moore was charged with kidnapping with the intent to commit robbery or rape, conspiracy to sexually assault, unlawful oral copulation and sodomy in concert.
As part of the plea, Humboldt County Deputy District Attorney Jeff Schwartz said Nate, Scheider and Moore pleaded guilty to rape in concert and false imprisonment.
“Levi Garza (pleaded) guilty to both those charges, as well as kidnapping and marijuana trafficking,” Schwartz said.
On Wednesday afternoon, Humboldt County Superior Court Judge Christopher Wilson dismissed the sex charges against the men and requested that the information be forwarded to the probation department for a sentencing recommendation.
Eureka-based attorney Neal Sanders, who is representing Nate, requested that he be released on his own recognizance prior to sentencing; attorneys for the other defendants asked for the same for their clients.
The men who were arrested March 16 have been incarcerated since.
“This case was not as originally advertised,” Sanders said.
“I know they have family members (and) I know they have ties to the community,” Wilson said.
But, he said, even without the sexual assault charges, the other charges the men pleaded guilty to are “egregious,” and he thinks they “place a danger to the community.”
Nate, Levi and Moore are scheduled to be in court Friday for a hearing about being released on their own recognizance. Scheider’s hearing is scheduled for Monday.
Most likely, Wilson said, he will deny the request for releasing them prior to sentencing.
All the men are facing time in state prison.
The men are scheduled to be sentenced on Sept. 13, at 2 p.m., in the Humboldt County Courthouse in courtroom three.
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
Update:
Sentencing continued in statutory rape trial 5/21/2007
ER - Council races fill up
Council races fill up
by Rebecca S. Bender, 8/12/2006
The filing window has officially closed, and there is no shortage of candidates for seats on the Arcata, Blue Lake or Eureka city councils.
Eight candidates are in the running for two open seats on the Arcata City Council.
Michael Winkler, Alex Stillman, Nick “Eeyore” Page and incumbent Councilmember Dave Meserve have previously announced their candidacies.
More recent entrants include activist Bobby Harris, massage therapist and astrologer Dana Quillman (who also happens to be the partner of Councilmember Paul Pitino), Humboldt County Deputy District Attorney Jeffrey Schwartz and incumbent Mark Wheetley.
Bridget Dory, from the Arcata City Manager’s Office, said that seven of the candidates had qualified as of 5 p.m. Friday afternoon. The eighth, Wheetley, returned his paper late in the afternoon; his collected signatures will be verified Monday, Dory said.
In Blue Lake, two seats are open on the City Council, and three people will by vying to fill them.
Incumbent Mayor Sherman Schapiro and Councilmember Marlene Smith both stepped up to run again, Blue Lake City Clerk Karen Nessler confirmed Friday afternoon, and Blue Lake resident David Beebe also filed to run.
Eureka’s race differs from Arcata and Blue Lake in that candidates run for the ward in which they reside or for the mayoral position, and are elected by Eureka residents at large.
In the 1st Ward race are Larry Glass, Tish Wilburn and incumbent Mary Beth Wolford; in the 3rd Ward race are Ron Kuhnel and Jeff Leonard; in the 5th Ward race are Nancy Abrams and incumbent Mike Jones; and for the mayor’s race are Jerry Droz, Marshall Spalding, Councilmember Virginia Bass and incumbent Peter La Vallee.
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
by Rebecca S. Bender, 8/12/2006
The filing window has officially closed, and there is no shortage of candidates for seats on the Arcata, Blue Lake or Eureka city councils.
Eight candidates are in the running for two open seats on the Arcata City Council.
Michael Winkler, Alex Stillman, Nick “Eeyore” Page and incumbent Councilmember Dave Meserve have previously announced their candidacies.
More recent entrants include activist Bobby Harris, massage therapist and astrologer Dana Quillman (who also happens to be the partner of Councilmember Paul Pitino), Humboldt County Deputy District Attorney Jeffrey Schwartz and incumbent Mark Wheetley.
Bridget Dory, from the Arcata City Manager’s Office, said that seven of the candidates had qualified as of 5 p.m. Friday afternoon. The eighth, Wheetley, returned his paper late in the afternoon; his collected signatures will be verified Monday, Dory said.
In Blue Lake, two seats are open on the City Council, and three people will by vying to fill them.
Incumbent Mayor Sherman Schapiro and Councilmember Marlene Smith both stepped up to run again, Blue Lake City Clerk Karen Nessler confirmed Friday afternoon, and Blue Lake resident David Beebe also filed to run.
Eureka’s race differs from Arcata and Blue Lake in that candidates run for the ward in which they reside or for the mayoral position, and are elected by Eureka residents at large.
In the 1st Ward race are Larry Glass, Tish Wilburn and incumbent Mary Beth Wolford; in the 3rd Ward race are Ron Kuhnel and Jeff Leonard; in the 5th Ward race are Nancy Abrams and incumbent Mike Jones; and for the mayor’s race are Jerry Droz, Marshall Spalding, Councilmember Virginia Bass and incumbent Peter La Vallee.
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
10.27.2006
ER - New Deputy DA Schwartz excited about working for Gallegos
New Deputy DA Schwartz excited about working for Gallegos
by Christine Bensen-Messinger, 9/18/2005 The Eureka Reporter
Although he debated moving his private practice to Humboldt County, San Francisco-based attorney Jeffrey Schwartz decided he would rather work for Humboldt County District Attorney Paul Gallegos.
For the past year and a half, Schwartz said he and his wife have spent only weekends, breaks and holidays together while she has worked as a lecturer at Humboldt State University and he at his private practice in the Bay Area.
“Part of our plan was she was going to teach up here and we were going to sort of commute,” he said. “It kind of worked out … but we have a kid now so that’s really the difference. … We needed to be in the same place. I just (kept) imagining if I was in trial (in San Francisco) three or four months at a time. … I didn’t want to do that.”
So he started exploring his options.
Schwartz said he first heard about Gallegos when he read Humboldt County newspapers during Gallegos’ recall election in March and liked what he was reading.
“Really, what it came down to was, I really like this guy, I like his politics and I like what he’s doing,” he said.
Soon after, former Deputy District Attorney Tim Stoen introduced the two.
After meeting Gallegos, Schwartz said he became interested in applying for a job as a prosecutor.
“What particularly interested me (was) this DA and his philosophy,” Schwartz said. “I think he’s just a great DA and I think he’s … taking care of the office in the way it should be.”
Because his respect for Gallegos played a part in sparking his interest in a position in the District Attorney’s Office, if Gallegos does not win the election next year, Schwartz said he would probably find a new job.
“I don’t know enough about Worth Dikeman (yet), I think he’s more of a traditionalist. … In all likelihood, I probably wouldn’t stay,” he said. “Right now, my position is that Paul would win the election. I certainly hope he would.”
Schwartz said he will cross that bridge when and if he has to.
For now, he is looking forward to becoming a prosecutor after spending almost 20 years as a defense attorney. Although his caseload will increase, he said he is up to the challenge.
“I was a public defender years ago and we had 90 to 100 cases … over three days. So I’m used to having lots of cases and moving them along,” Schwartz said. “I’m doing this because I really want to do this and I really want to work with Paul. … And I’m actually taking a huge salary cut to do it.”
Schwartz will start out making almost $56,500 a year. Without the reduction, he would be making approximately $81,000, Gallegos said.
Gallegos said he thinks Schwartz will be a good addition to his staff.
“I’m very much looking forward to working with him and expect him to be an asset to the office,” he said.
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
by Christine Bensen-Messinger, 9/18/2005 The Eureka Reporter
Although he debated moving his private practice to Humboldt County, San Francisco-based attorney Jeffrey Schwartz decided he would rather work for Humboldt County District Attorney Paul Gallegos.
For the past year and a half, Schwartz said he and his wife have spent only weekends, breaks and holidays together while she has worked as a lecturer at Humboldt State University and he at his private practice in the Bay Area.
“Part of our plan was she was going to teach up here and we were going to sort of commute,” he said. “It kind of worked out … but we have a kid now so that’s really the difference. … We needed to be in the same place. I just (kept) imagining if I was in trial (in San Francisco) three or four months at a time. … I didn’t want to do that.”
So he started exploring his options.
Schwartz said he first heard about Gallegos when he read Humboldt County newspapers during Gallegos’ recall election in March and liked what he was reading.
“Really, what it came down to was, I really like this guy, I like his politics and I like what he’s doing,” he said.
Soon after, former Deputy District Attorney Tim Stoen introduced the two.
After meeting Gallegos, Schwartz said he became interested in applying for a job as a prosecutor.
“What particularly interested me (was) this DA and his philosophy,” Schwartz said. “I think he’s just a great DA and I think he’s … taking care of the office in the way it should be.”
Because his respect for Gallegos played a part in sparking his interest in a position in the District Attorney’s Office, if Gallegos does not win the election next year, Schwartz said he would probably find a new job.
“I don’t know enough about Worth Dikeman (yet), I think he’s more of a traditionalist. … In all likelihood, I probably wouldn’t stay,” he said. “Right now, my position is that Paul would win the election. I certainly hope he would.”
Schwartz said he will cross that bridge when and if he has to.
For now, he is looking forward to becoming a prosecutor after spending almost 20 years as a defense attorney. Although his caseload will increase, he said he is up to the challenge.
“I was a public defender years ago and we had 90 to 100 cases … over three days. So I’m used to having lots of cases and moving them along,” Schwartz said. “I’m doing this because I really want to do this and I really want to work with Paul. … And I’m actually taking a huge salary cut to do it.”
Schwartz will start out making almost $56,500 a year. Without the reduction, he would be making approximately $81,000, Gallegos said.
Gallegos said he thinks Schwartz will be a good addition to his staff.
“I’m very much looking forward to working with him and expect him to be an asset to the office,” he said.
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
ER - Web address not wrong, just changed
yougofree.com Web address not wrong, just changed
The Eureka Reporter The Eureka Reporter 8/26/2005
The Web site for Humboldt County District Attorney Paul Gallegos’ newest hire, Jeffrey Schwartz, a San Francisco-based criminal attorney, was changed sometime after an article about him was published Wednesday.
Those attempting to access his Web site, which was www.yougofree.com, will now be forwarded to another San Francisco-based practice, Petersen Law Office.
Schwartz could not be reached for comment by deadline.
Copyright (C) 2005, The Eureka Reporter. All rights reserved
***
Related stories re: Jeffrey "yougofree.com" Schwartz:
New deputy Jeffrey Schwartz to join Humboldt County District Attorney's Office soon
Web address not wrong, just changed
New Deputy DA Schwartz excited about working for Gallegos
Council races fill up
CHARGES DROPPED IN RAPE CASE
Judge Wilson denies release of Whitethorn defendants in kidnapping, rape case Friday
Defendant withdraws release request
Three in Whitethorn case get probation
Prosecutor assigned to Child Abuse Services Team
Council candidate Schwartz seeks a truly progressive future
The Eureka Reporter The Eureka Reporter 8/26/2005
The Web site for Humboldt County District Attorney Paul Gallegos’ newest hire, Jeffrey Schwartz, a San Francisco-based criminal attorney, was changed sometime after an article about him was published Wednesday.
Those attempting to access his Web site, which was www.yougofree.com, will now be forwarded to another San Francisco-based practice, Petersen Law Office.
Schwartz could not be reached for comment by deadline.
Copyright (C) 2005, The Eureka Reporter. All rights reserved
***
Related stories re: Jeffrey "yougofree.com" Schwartz:
New deputy Jeffrey Schwartz to join Humboldt County District Attorney's Office soon
Web address not wrong, just changed
New Deputy DA Schwartz excited about working for Gallegos
Council races fill up
CHARGES DROPPED IN RAPE CASE
Judge Wilson denies release of Whitethorn defendants in kidnapping, rape case Friday
Defendant withdraws release request
Three in Whitethorn case get probation
Prosecutor assigned to Child Abuse Services Team
Council candidate Schwartz seeks a truly progressive future
ER - New deputy Jeffrey Schwartz to join Humboldt County District Attorney's Office soon
New deputy Jeffrey Schwartz to join Humboldt County District Attorney's Office soon
by Christine Bensen-Messinger, 8/24/2005
The Eureka Reporter
In mid-September, the Humboldt County District Attorney’s Office will welcome its newest deputy district attorney, San Francisco-based attorney Jeffrey Schwartz.
“He’s been practicing quite a while, (he’s) a pretty experienced attorney,” said Paul Gallegos, Humboldt County’s district attorney.
Schwartz has spent time and represented cases in Humboldt County, Southern California and Northern California.
He is a graduate of Columbia University in New York City and the John Marshall School of Law in Chicago. Schwartz has been working exclusively as a criminal defense attorney since the early 1980s, according to his Web site, www.yougofree.com.
“When we were recruiting, he was one of the people that applied,” Gallegos said. “I’ve actually been talking to Jeff for a couple years.”
For one reason or another, he said, it did not work out until now to hire Schwartz.
“Jeff’s been out there, we’ve talked. (The District Attorney’s Office has) talked to all sorts of people,” Gallegos said. “(Since Tim Stoen left) we have a senior position available and we’re filling it with a senior deputy.”
Schwartz has tried almost every type of case, including misdemeanors, white-collar crime, robberies and death penalty murders.
Although he will be a senior deputy, Gallegos said, he is willing to start with less pay.
“He’s coming in at a reduced salary, he agreed to that,” he said.
Because of his experience, Gallegos said, he should fit in well with the office.
“He will be a senior deputy, which means he will come in and do senior work or he won’t last long (but) he’s a pretty qualified guy,” Gallegos said.
Although the office is not staffed as it should be, Gallegos said hiring Schwartz will start to level out the playing field.
“Our base level of attorneys should be 17, we have 13 right now, (and) we will be at 14,” he said.
(Christine Bensen-Messinger can be reached at christine@eurekareporter.com.)
Related stories re: Jeffrey "yougofree.com" Schwartz:
Web address not wrong, just changed
New Deputy DA Schwartz excited about working for Gallegos
Council races fill up
CHARGES DROPPED IN RAPE CASE
Judge Wilson denies release of Whitethorn defendants in kidnapping, rape case Friday
Defendant withdraws release request
Three in Whitethorn case get probation
Prosecutor assigned to Child Abuse Services Team
Council candidate Schwartz seeks a truly progressive future
by Christine Bensen-Messinger, 8/24/2005
The Eureka Reporter
In mid-September, the Humboldt County District Attorney’s Office will welcome its newest deputy district attorney, San Francisco-based attorney Jeffrey Schwartz.
“He’s been practicing quite a while, (he’s) a pretty experienced attorney,” said Paul Gallegos, Humboldt County’s district attorney.
Schwartz has spent time and represented cases in Humboldt County, Southern California and Northern California.
He is a graduate of Columbia University in New York City and the John Marshall School of Law in Chicago. Schwartz has been working exclusively as a criminal defense attorney since the early 1980s, according to his Web site, www.yougofree.com.
“When we were recruiting, he was one of the people that applied,” Gallegos said. “I’ve actually been talking to Jeff for a couple years.”
For one reason or another, he said, it did not work out until now to hire Schwartz.
“Jeff’s been out there, we’ve talked. (The District Attorney’s Office has) talked to all sorts of people,” Gallegos said. “(Since Tim Stoen left) we have a senior position available and we’re filling it with a senior deputy.”
Schwartz has tried almost every type of case, including misdemeanors, white-collar crime, robberies and death penalty murders.
Although he will be a senior deputy, Gallegos said, he is willing to start with less pay.
“He’s coming in at a reduced salary, he agreed to that,” he said.
Because of his experience, Gallegos said, he should fit in well with the office.
“He will be a senior deputy, which means he will come in and do senior work or he won’t last long (but) he’s a pretty qualified guy,” Gallegos said.
Although the office is not staffed as it should be, Gallegos said hiring Schwartz will start to level out the playing field.
“Our base level of attorneys should be 17, we have 13 right now, (and) we will be at 14,” he said.
(Christine Bensen-Messinger can be reached at christine@eurekareporter.com.)
Related stories re: Jeffrey "yougofree.com" Schwartz:
Web address not wrong, just changed
New Deputy DA Schwartz excited about working for Gallegos
Council races fill up
CHARGES DROPPED IN RAPE CASE
Judge Wilson denies release of Whitethorn defendants in kidnapping, rape case Friday
Defendant withdraws release request
Three in Whitethorn case get probation
Prosecutor assigned to Child Abuse Services Team
Council candidate Schwartz seeks a truly progressive future