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Mendocino County Today: May 30, 2013

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DAN HAMBURG, chairman of the Mendocino County Board of Supervisors, says he’s suing Mendocino County over the Sheriff’s stated intention to both file misdemeanor charges and disinter the late Mrs. Hamburg who is buried on the Hamburg property southwest of Ukiah. Hamburg said local officials, specifically the Mendocino Department of Health, knew that the family had buried Mrs. Hamburg at home as per her last wishes because, Hamburg said, he’d informed the department that Mrs. Hamburg had indeed been buried at the family’s 46-acre site.

APPARENTLY, though, Mrs. Hamburg had instructed her family to bury her first and sort out whatever legal objections there might be later. The family did as she’d asked and duly filed an application for approval of home burial, anticipating that it would not be approved, could not be approved, because home burials are allowed in California only after a costly and lengthy administrative process.

ACCORDING TO HAMBURG and his Ukiah-based attorney, Barry Vogel, their suit will seek to compel the County of Mendocino to issue a death certificate so Mrs. Hamburg can remain where she is buried, citing Mrs. Hamburg’s own words in her will: “No state interest or public health reason prohibits the burial of my body on my family’s land, which is a 46 acre parcel in a rural and mountainous section of Mendocino County, other than recording a memorandum notice advising future owners that a unique condition exists on my property.”

THIS THING is going grisly, big time. The law’s very clear about home burials. You can’t do it in California unless you pay lots of money and file a lot of paper. I don’t see the Sheriff or the courts making an exception for the Hamburgs. I do see the Sheriff off-loading a back-hoe and…

BUT. BUT IF MENDOCINO COUNTY can break new ground, so to speak, on marijuana, one would think the County might also permit home burials on suitable properties so long as the gravesite is registered with the County. 46 rural acres is certainly plenty of room for human remains, and who among us doubts that there are bodies planted all over the hidden vastness of fair Mendoland? I know of a lady who simply propped her true love against a tree looking out at his favorite vista completely outside any kind of sanctioned process other than ashes to ashes, dust to dust.

OF COURSE the Hamburg burial has already broken down along lib-yobbo lines simply because Hamburg is who he is. If, say, Jared Carter had buried Barbara Bush without a permit on Carter’s ranch south of Ukiah the libs would be demanding immediate excavation.

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IN OTHER HAMBURG NEWS, the supervisor was on the short end of the Supervisor’s 4-1 vote assuring the Pinoleville Pomo Nation that the County of Mendocino will roll with whatever impacts installation of a casino and hotel just off 101 north of Ukiah might have. Hamburg said that the County’s existing casinos are so many that they are already “cannibalizing” each other, hastening to shore up the politically correct end of that statement with the qualifier, “This is no criticism whatsoever of Native Americans … but it’s really a sad commentary that this is what we call economic development in Mendocino County, is more and more and more casinos.”

HAMBURG at least raised the issue lots of us wonder about. Where do all the gamblers come from? Well, from all over. I know people who are regulars at the local casinos, and have been regulars since the day they opened. On my brief excursions to the jolly gambling halls at Hopland and Shodakai, it seemed to me both places were more like immigrant Mexican social clubs, with actual gamblers the minority. Do these places turn a profit? They seem to, and they do employ people, native and palefaced alike. And people seem to enjoy themselves, which is always likely to annoy the gray and the grim.

ANYWAY, MENDOCINO COUNTY is already America’s intoxicant capitol via wine grapes and marijuana farms. Toss in a few County-sanctioned brothels to go with the casinos, and there’d be northbound traffic jams all the way from Monterrey to Leggett.

THE PINOLEVILLE CASINO, if it ever gets built, and that remains a big if, will go up in two phases on 8.8 acres of reservation land at 2150 N. State Street in Ukiah. It would include about 80,000 square feet of gaming space, up to 749 slot machines, 20 table games and, along with restaurants, possibly a four-story, 25-room hotel and event center and a high-rise parking lot.

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Thompson

Thompson

DEPARTMENT OF UNINTENTIONAL HUMOR (then again, maybe it wasn’t unintentional) in Tiffany Revelle’s lead story in Wednesday’s Ukiah Daily Journal “At issue: Did Mendocino County Public Defender Linda Thompson make a mistake?”

I’D SAY THE ODDS that Thompson made a mistake are about 99-1 she did, but if she did in this one it seems big-time moot anyway. It boils down to the length of a knife blade. Will Timothy Slade Elliott of Hopland, convicted in 2010 of second-degree murder for the 2008 stabbing death of Samuel Billy, 29, also of Hopland, get a new trial?

SHOULD THOMPSON have asked for “a hearing outside the jury’s presence to exclude the 1.65-inch knife a doctor testified could have been used to inflict the fatal, 6-inch stab wound in Billy’s abdomen.” The dispute is about the length of the knife blade; was the one Elliott allegedly used on Billy long enough to penetrate deep enough to kill Billy?

MS. REVELLE’S STORY has it this way: “‘At trial, I was asked for my opinion of fellow pathologist Dr. Terri Haddix’s conclusion that the knife in evidence could not, when fully inserted, inflict a six-inch deep wound,’ according to an April 7, 2012 declaration from Dr. Jason Trent, the pathologist who performed the autopsy on Billy. I testified to my belief that her conclusion was incorrect. My opinion was based, as I stated at trial, on the knife blade measuring between three to four inches long. Based on this information, I am not absolutely able to conclude whether this knife could have caused a six-inch deep wound. If I was told at trial that the knife blade was 1.65 inches long, I probably would have testified that this knife could not cause a six-inch deep wound. However, keep in mind that the victim is dressed, is overweight and the blade strikes no object other than soft tissue.”

THAT GRIM EPISODE occurred late at night on the Hopland rez, with the only eyewitness being a 9-year-old boy whose long distance view of the stabbing Thompson was unable to shake. A jury had no difficulty convicting Elliott whatever the length of the blade he used or didn’t use.

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SAVE OUR LITTLE LAKE VALLEY is conducting tours along the Highway 101 bypass around Willits. The tours are from 1 to 4pm, Sundays on June 2, 9, 16 and 30 and will be partly on foot partly by vehicle along stretches of the bypass. Reservations are suggested and the group meets initially at the Little Lake Grange to begin the tours. For reservations call (707) 216-5549 or visit www.savelittlelakevalley.org.

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HotelThenNowTHE BOONVILLE HOTEL is celebrating its 25th anniversary under the successful management of Johnny Schmitt. The beneficiary of many remodels and cosmetic enhancements under both Schmitt and his predecessors, the stately 19th century institution offers reasonably priced rooms with an absolutely first-class dining room. Frank James, Jesse James’ brother, once stayed at the Boonville Hotel and, late on a foggy night in the middle of a wintry week the old place fairly sings what it has seen over its 150 years, and it’s seen a lot.

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THIS RUMOR is making the rounds on the Mendocino Coast: The Heritage House, recently purchased by a certain Mr. Green out of Florida who flies in and out of Albion in a private jet, is a front man for the Koch Brothers who plan to use the place as a kind of junior varsity Bohemian Grove, the Bohos being too liberal for the Kochs. Could be. The Kochs already own the invaluable Fort Bragg Mill property just up the road.

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ALL THAT GUCK dredged at Noyo Harbor is piled up behind Affinito’s motel just south of the Noyo Bridge. It’s become a kind of open air drug mart for Coast area tweekers, much to the despair of locals who like to enjoy the little beach at the mouth of the river.

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AllmanFacebookTOM ALLMAN is already running for a third term as Sheriff. Writing on his Facebook page (Yes, the County Sheriff has a facebook page) Sheriff Allman writes: “Hey Hey Hey! Don’t forget to block off Saturday, July 13th, 2013 for a great party in Willits. It is the kick off to my re-election. The band is booked, the food is taken care of, and now we are just waiting for the day to get here! Send me a private post with your address if you have not received an invitation. It will be at the Willits Community Center. Waylon and the Wildcats will be rockin’ the place and we would love to see you there. If you have not had a chance to hear Waylon and The Wildcats, you will not be disappointed. They are great! Tri-tip dinner, a great live band and a bunch of friendly folks will be there. $49.00 per person and a local motel has offered a great rate for out of towners. Hope you can make it! —Tom”

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DEAD MAN WALKING

by Bruce McEwen

FourCrooks(Dominiak, White, Joaquin, Cook)

Four thieves went to prison last week. The first thief, Fernando Joaquin, got two years and eight months; the second thief, Dustin Cook, got four years; the next thief, Alfred Dominiak, got eight years and eight months; and the fourth thief, Robert White, got 98 years. Three of the robberies involved force and violence or the threat of it.

All four robbers blamed drugs or alcohol.

Mr. Joaquin had gotten himself drunk and, in league with his little sister, a juvenile, committed “a theft from a person, assault with a deadly weapon and preventing the report of a crime.”

In other words, “Give me your stuff or I’ll hit you with this baseball bat. If you tell anyone me and Sis will be back.”

Mr. Cook, who looks like a teenager, as does Joaquin who is a teenager, said if he hadn’t been so intoxicated his crime of first-degree robbery resulting in grave injuries to his victim would never have happened. Mr. Dominiak blamed his theft of a crate of indus­trial-strength shelving from Big Lots on his drug habit. Shelving? Maybe he thought he was jobbing a crate of $100 bills.

And Mr. White, who is visibly deranged, said he would never have attempted to rob two little old ladies at knifepoint if he hadn’t gone off his psych meds.

It never occurs to any of these guys that their prob­lems could all be attributed to larger forces — the absence of jobs, bad wages for the jobs that do exist, and the overall pitiful state of the economy. Of course some people do bad things no matter what the big picture looks like, but a little perspective, a little class-consciousness might at least give a guy a clue as to why he is the way he is.

Young Mr. Joaquin just turned 18. He was raised in a trailer in Covelo with no windows and no heat, which is to say he was not a son of privilege. Factor in the new pathologies at work in impoverished American house­holds and the kid is probably lucky he made it to 18.

But judges, willfully oblivious Obama Democrats who’ve not lived a minute with the wolf at the door, are well paid to pretend that there’s nothing wrong with the system. Their job is to process its victims in and out of jail and to maintain the social order as it is. Now that there are more and more victims, we’ll get more and more judges more and more cops and more and more jails. More justice is not even a possibility in the present context.

Judge Ann Moorman had already sentenced Mr. Joaquin’s sister, but Sis is a juvenile so we can’t get into that. But Joaquin been getting into trouble for a long time, and now that he’s in the adult system, Joaquin has gotten himself into adult trouble.

Joaquin’s juvenile record was not allowed to influ­ence his sentencing as a newly minted adult, even though Deputy DA Matt Hubley tried to count it as a strike prior.

Carly Dolan of the Public Defender’s office launched a penal code barrage of objection. “If I may interrupt, your honor, that count was stricken from the record, when he admitted the 136.2, which would double the term of confinement for the 487(c) to 32 months, or as we say, two years and eight months. So he’s essentially being punished for conduct while he was a child. And because of his young age and small stature, sending him to state prison will result in his being victimized, and he will return to the community a damaged individual. A more stable, less predatory environment like the county jail would be a good alternative in this case.”

DDA Hubley said he didn’t think “there’s any alterna­tive to state prison in this case.”

Judge Moorman, conceding that the state’s prisons are at least as dangerous as Covelo, said, “Juvenile adju­dications are not convictions. His sister was the aggres­sor in the theft case and housing him in the state prison would not only be against the interests of the community, it would also be against Mr. Joaquin’s interests, espe­cially because of his age and size. And as the jails have been designated as prisons under 1175(h) I do see it as an alternative and I’m going to sentence him to local time.”

Which is no picnic, but the Mendocino County Jail, where violence is indeed on the rise is still not San Quentin. (“Realignment” is the state plan underway that sends certain categories of local crooks to county jails rather than the state pens. The state pens are under fed­eral order to reduce their populations, meaning lots of people who’d ordinarily get sent to them will now stay at home.)

As for Dustin Cook, his father was in court for moral support, but just as his son was being sentenced, some­one rushed in to tell Dad that his truck was rolling away down the street, and Cook Sr. rushed out to look after his transportation.

His old man didn’t see his son sentenced to the four years for first degree robbery. The judge commented that Cook the Younger’s challenge would be staying sober when he got out. And here it might be noted that Cook might also have trouble staying sober while in prison, because Mr. Arnold Gahm had been sentenced just moments before for being in possession of drugs while in jail. Gahm got two more years inside.

Cook wanted to address the court. The kid said, “This is all my fault, your honor. I take full responsibil­ity. Mr. Esquivel [the co-defendant] had nothing to do with it.”

Deputy DA Scott McMenomey replied, “I didn’t hear a word of remorse for what he did to the victim. This was a senseless 211 [robbery] that didn’t need to happen.” Cook could have got the stuff without hurting his victim.

Judge Moorman said, “Based on the nature of the offense, the violence and gravity of the injuries to the victim, I’m going to impose the aggravated term of four years.”

Mr. Alfred Dominiak, 54, was not violent in his theft, Big Lots got their shelving back in good condition, and as a result, Mr. Dominiak would get his eight years and eight months suspended — if, that is, he could success­fully complete the County’s drug court program suc­cessfully, that and sin no more.

“I’m happy to go along with the suspension,” Deputy DA McMenomey said, “if he gets into the program. But he needs to remember that he’s on a really short leash.”

Cathy Livingstone of the Public Defender’s office said her client was going to the Lytton Springs rehab program. Lytton Springs is housed in that stately old orphanage you see on the west side of 101 between Clo­verdale and Geyserville.

“I’m not ordering the program,” Judge Moorman said. “I’m ordering the drug court. And I’ll repeat what Mr. McMenomey said. You are on a very short leash, Mr. Dominiak, with a very big sentence hanging over your head. The aggravated term for the second degree burglary is appropriate for all of the reasons named in the probation report, the four prison priors and the fact that he has not been able to remain out of prison for five years at a time without violating his parole, and then there is the increasing seriousness of his crimes. So I am going to impose the aggravated term and suspend execu­tion of it. And you are to have no contact with Cody Barnes, Mr. Dominiak.” The judge then addressed the jailers: “He’s to be taken to drug court this afternoon at three.”

Dominiak got off easy considering his history.

Mr. Robert White was sentenced over in Judge John Behnke’s court, across the hall. This guy is nuts, a di­minished capacity case who, in a more reputable time (and place), would be packed off to a state hospital.

White’s lawyer, Dan Haehl of the Public Defender’s office, after chatting briefly with his client said, “Mr. White would like to address the court.”

Judge Behnke said, “Go ahead.”

“I’ve been trying to get a different lawyer,” White said. “The only reason I did any of this is because I went off my meds. I wanted a psychological evaluation done, but I couldn’t get it with this lawyer. Everything I wanted never got done.”

Of course it didn’t, Mr. White, but if you’d had com­petent counsel in a time and a place where there were humane options you wouldn’t be buried alive.

Judge Behnke was not moved by White’s lamenta­tions. His Honor was contemplating the huge sentence the DA was asking for — 98 years to life in prison. The knife enhancements — brandished at both the women White tried to rob and the husband of one woman who followed White across the parking lot of the Pear Tree Shopping Center and called 911 — were going to add about 25 years onto a very long sentence as it was. And then there were the prison priors.

“I think the court could impose and stay some of the prison priors”—

“I don’t think so,” DA David Eyster interjected.

“Not that I would,” Behnke continued. “The crimes merit the imposition of the priors. Or I could run them concurrent”—

“No, judge!” Eyster gasped, scrambling to his feet. “You can’t do that!”

“But I don’t think I would, even though I could,” Behnke resumed, eying Eyster evenly. “We have three separate victims fearing for their lives with the use of the deadly weapon, the knife, and even if he were eligible for probation, I don’t think I would grant it.”

There were seven special allegations, which added up to 23 years. Then the additional counts, each strike offenses, required 25 years each. Total: 98 years.

Behnke said, “I also find that Mr. White is not eligi­ble under 1175(h) for local time and I am remanding him into the custody of the Sheriff for delivery to the state prison.”

Court Clerk Bonnie Miller said, “Is that with or with­out the possibility of parole?”

“It’s with the possibility of parole,” Behnke said with a sunny smile and without so much as a hint of irony in his voice.

I went out on the sidewalk to watch White being taken away. I’d have thought he was dead if he hadn’t been walking. ¥¥

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FIREWOOD PERMIT SALES RESUME on Jackson Demonstration State Forest

Fort Bragg– California Department of Forestry and Fire Protection (CAL FIRE) Mendocino Unit is pleased to announce the resumption of firewood permit sales on Jackson Demonstration State Forest (JDSF).    Due to the limited accessibility of timber sale areas containing downed timber, permits will be limited to two cords ($20.00) per household.  Firewood areas will be open May 30, through September 30, 2013, until wood supply is gone, or the first significant rain which ever occurs first. Permits and information on how to safely engage in collecting firewood are available at the CAL FIRE Fort Bragg office located at, 802 North Main Street, Fort Bragg, CA (707) 964-5674.  Office hours are 8-12 & 1-5 Monday through Friday. Campgrounds are now open and JDSF would like to remind the public that camping fees have been implemented for all JDSF campgrounds.  The base fee for camping is $15.00 per night. Multiple uses of JDSF for a wide variety of activities that benefit the public, the economy and natural resources are what our demonstration forests are all about. — Craig Pedersen, CalFire Forester II, Fort Bragg

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THE LEGGETT VALLEY SCHOOL BOOSTER club is once again hosting a food booth at the 2013 Redwood Run on June 7-9. We are the longest running fundraising organization at LVS with over 20 years raising money for the youths that attend Leggett Schools. We are originally were focused on athletics but as the budget situation has been so dire for the past several years we have incorporated the arts and classroom supplies into our list of activities we fund at the site. This year we hosted the *Missoula Children’s Theater*, an in house *Magic Show*, purchased new soccer uniforms for all teams from Leggett, paid sponsorship fees for the *Southern Humboldt Youth Basketball League *and *Little League* for families that could not afford it, and we are giving out our annual scholarship to local graduates. We have also awarded funds to the Cooking class, the Ski/Snowboard club and purchased items requested by teachers to enhance their abilities to teach through audio and visual aids. It is with much pride that we able to dos much for the children of our schools. It is with this in mind that we want to make the profit from this year’s food booth at the Redwood as substantial as we possibly can. Therefore we are asking for pledges towards the items we purchase to use in our booth, we are not asking for the goods themselves, we took the rounded cost of the goods from last year’s run and broke them down so that you, our potential donor can see where the money goes and pledge and amount that is affordable to you, for specified items. We will provide letters of donation receipt for tax purposes for those of you who require it. All pledges regardless of amount are greatly appreciated.


Mendocino County Today: May 31, 2013

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CultureOfNarcissismCHRISTOPHER LASCH could have used Mendocino County as a study population for his pivotal “Culture of Narcissism” where narcissists comprise the majority of our population. In another of his books, I forget which, probably “The Revolt of the Elites,” I wrote down the following:

The ‘radicalism’ of the helping professions have transformed the state into the engine of therapy because the no longer surprising fact is that therapy and bureaucracy have considerable affinity; each seeks rationalization, each is hierarchical and, above all, each is authoritarian.”

BY GUMBO if that isn’t official Mendo to a bloody T, and at least partially explains local public education, the entire Mendocino County bureaucracy, the courts, public radio, the entire “Let’s pull our chairs in a circle and introduce ourselves” m.o. around here, as if the smiley faces aren’t getting paid to be there and wouldn’t hesitate to do an Abu Ghraib on dissent if they could get away with it. When fascism comes to America — we’ll probably be there by 2020 — it will be these people who staff it.

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Delvalle

Delvalle

IN THAT DEPRESSING Philo case where Mom, 22, and Boyfriend, 21, were charged with felony child abuse, Mom has pled guilty. Samantha Delvalle’s 2-year-old son had been rushed to Ukiah Valley Medical Center by Ms. Delvalle’s mother where the baby was found to be dangerously ill from methamphetamine and a life-threatening amount of alcohol in his system. Ms. Delvalle will be sentenced June 28th where she could get anything from probation to four years in state prison.

THE BOYFRIEND, Raymond Mabery, has also been charged with child abuse, being under the influence and possessing drug paraphernalia. Mabery’s preliminary hearing was continued Wednesday. He’s due back in court June 20th for either disposition of his case or setting of a hearing. Mabery is represented by Justin Petersen of Ukiah. Mabery’s involvement in the grim episode has never been clear. He appears to simply have been present when deputies arrived to investigate the case.

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THE SPECIALLY-TRAINED mussel-sniffing dog brought in by the Sonoma County Water Agency to ferret out an invasive, destructive variety of pesky clam, said that the dog was unable to find any of them in Lake Mendocino. The creatures, once established, gum up the valve works. (If you’re wondering why the Sonoma County Water Agency concerns itself with Lake Mendocino it’s because Sonoma County owns almost all the water stored there.)

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“FRICTION.” A structural engineer visiting 
Philo on Wednesday to discuss the replacement of the Philo-
Greenwood Bridge said off the cuff that he assumed friction would keep the Willits Bypass viaduct upright. I’d buttonholed the guy to ask him how he thought the Willits
 Bypass’s elevated viaduct could be effectively held up when the ground in 
Little Lake Valley is so loose, being made up of sand, silt, clay and gravel or
 combinations thereof. I said I couldn’t tell from the 
construction drawings how far down the piles holding up the viaduct’s support 
piers were going to be driven, but from the core samples at the site it might be hundreds of 
feet before you’d hit any kind of bedrock.

BoringReportPg96The engineer said that
 clay, especially, can make quite a tough base depending on the thickness of it. He 
also said that the footings for the Bay Bridge are in what he called 
“thick bay mud” and are not anchored on bedrock, but are still stable in
 conjunction with the rest of the bridge. The engineer added that in 
some ways the “friction” approach to pier support will help the
 superstructure be flexible in an earthquake where stiffness is the enemy.
 He said construction techniques can also minimize
 settlement, especially test drillings and pile driving on the first pier 
can help determine how far down the piles have to go, although each pier 
might have to be different depending on what’s underneath. However, the 
engineer agreed that there might well be uneven settling and other unknown 
construction difficulties associated with unstable ground which “can 
probably be solved with enough money.” But is there “enough money”? Time
 will tell. If the usual overruns occur, other non-construction
 parts of the project might have to be sacrificed for cost reasons, and if the 
overruns are even bigger, the job could stall out part way through. (—ms)

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CALIFORNIA’S FRACKING FRENZY

Is The Next Western Oil Boom on the Horizon?

By Joshua Frank

CAFrackingCalifornia’s Gold Rush may have ended well over a century and a half ago, but there are new prospectors in town and these suits aren’t toting tattered tents and rusty old pans. Instead the new Golden State pioneers employ geologists and lease expensive extraction equipment. Yet, in many ways it is still the Wild West out here in the land of sun and sea, and many are hoping to strike it rich.

Fracking, or the act of blasting a mix of water, sand and chemicals underground to force oil or natural gas to the surface, is sweeping the Golden State. Currently fracking operations are taking place in nine California counties and many are worried it’s just the beginning. While opposition to fracking in Wyoming, Ohio, New York and Pennsylvania gains momentum, critics of the process in California are just now gearing up for what looks like a long fight ahead—a battle certain to be fraught with industry lies, flawed science and old-fashion fossil-fueled greed.

Opponents argue that uncontrolled fracking emits large amounts of methane and other air pollutants and undermines efforts to head off catastrophic climate change. They also cite numerous instances across the country where groundwater supplies have been contaminated by nearby fracking operations. Additionally, in a place like California where water wars are already intense, fracking could accelerate the crisis—for example, a single horizontal well can use more than 5 million gallons per frack.

At the heart of fracking’s potential future in California is the illustrious Monterey Shale formation, which covers 1,750 square miles from Central to Southern California and holds an estimated 15.4 billion barrels of oil. Unlike many other states where independent operators and drillers dominate the landscape, it’s major oil companies like Occidental Petroleum and Venoco that have operated in California for decades. Yet most of these oilmen have played it safe, opting to not explore the vast deposits of the Monterey Shale because of its limited access and complex geology. Nevertheless, advancements in fracking technology are changing all of that, and fast.

Oil production in the state has been declining for years, yet California is still one of the top oil producers in the country, fourth overall, trailing only Texas, North Dakota and Alaska. If fracking can take off in California as it has in North Dakota recently, the state could experience an oil surge that could make the Golden State the largest oil producer in the US, almost immediately.

“If nothing is done, large parts of our state could be transformed into industrialized oil and gas zones … as we’ve seen in other places like Pennsylvania and North Dakota,” says Kassie Siegel, a lawyer for the feisty Center for Biological Diversity (CBD). “Fracking the 15 billion barrels of oil in the Monterey shale is like lighting the fuse on a carbon bomb that would shatter California’s efforts to address the climate crisis. Given California’s leadership in addressing climate change, if we can’t stop a fracking boom in California, it’s difficult to see how we get our nation off of fossil fuels.”

First on the chopping block are public lands managed by the Bureau of Land Management (BLM). Prices have skyrocketed within the Monterey Shale formation in the last few years, in some cases the BLM is scoring $2,000 an acre for parcels that used to go for a mere 2 bucks. No doubt the companies leasing up the land are betting on a frack-friendly future, where once untouchable oil reserves soon will be within easy reach.

On April 8, CBD and others won a major legal victory in California that could impact federal land leases across the country where fracking is involved. In response to a lawsuit the groups filed in 2011 against the BLM, a federal judge ruled the Obama administration violated the National Environmental Policy Act when it auctioned off 2,700 acres of land to oil speculators in Monterey County. The judge said the BLM relied on outdated studies that ignored the potentially damaging effects of fracking in the area. It was the first time a federal court acknowledged that fracking could cause environmental damage.

While there are a a myriad of environmental issues facing California, fracking is the most important among them argues Siegel.

“There is absolutely a danger of California being transformed almost overnight, as other areas of the country have been when the fracking boom hits,” says Siegal. “In other parts of the country, we’ve seen contaminated water. We’ve seen people who live near oil and gas wells complaining of health effects.”

Siegal and others are hoping Gov. Jerry Brown and state officials in Sacramento don’t cave to industry demands, mainly hiding behind trade secrets so they do not have to disclose the chemicals they use when fracking.

Gov. Brown’s first effort to tackle fracking was considered meager at best. In December 2012 the Brown administration put forth a tepid proposal that would require fracking operators to disclose their plans to the state 10 days before ramping their operations. These companies would have to post the list of chemicals used to the online database “FracFocus” along with the locations they plan to frack. Since FracFocus is not subject to public record laws, companies may claim “trade secrets” exemptions to withhold the names of the chemicals used in their fracking.

“The road we’re headed down will heap a cloak of secrecy around trade secrets,” says Bill Allayaud of the Environmental Working Group.

Several California state lawmakers also voiced doubts about Brown’s proposal to regulate fracking, saying it didn’t go nearly far enough to protect public health and safety. Brown’s timid attempt to govern fracking also left the regulatory efforts of the practice to the industry itself.

Brown’s logic, however, is transparent: less oversight means more tax revenue and job creation. Or at least that appears to  be the myth he’s ascribing to.

“We want to get the greenhouse gas emissions down, but we also want to keep our economy going. That’s that balance that’s required,” Brown told a group of reporters at a recent “clean energy” event. “The fossil fuel deposits in California are incredible, the potential is extraordinary.”

A new study appears to back up Brown’s insistence that fracking in California would be good for business and the state’s depleted bank account. The report, released by USC and the Communications Institute, titled “The Monterey Shale and California’s Economic Future,” estimates that fracking could generate half a million new jobs by 2015 and 2.8

Critics of fracking in California are concerned with impacts on local waterways, especially in coastal areas such as those in Monterey County million by 2020 in California. The media quickly latched on and so did the industry group that funded it —the Western States Petroleum Association, a fossil fuel lobby shop based in the state capital of Sacramento.

“Clearly, the Monterey Shale is a game-changing economic opportunity that California can’t afford to ignore,” WSPA asserts in a press release. “This opportunity is especially important to the communities in the San Joaquin Valley that have experienced extremely high unemployment and economic challenges for far too long. The great San Joaquin Valley will be the primary beneficiary of the jobs, wealth and government revenues that will flow from the Monterey Shale. It’s their time to flourish.”

The Los Angeles Times was also quick to point out that the “study forecasts that the state could reap oil-related tax revenue of $4.5 billion in 2015 and $24.6 billion by 2020.”

No doubt the oil industry got their money’s worth. The study is now consistently cited for the “fact” that fracking the Monterey Shale would be a boon for the economy as well as a huge job creator. However, anti-frackers aren’t backing down.

“[If] you read the study itself, the authors admit that the data they had wasn’t good enough to make any reliable projections, that their assumptions were extremely optimistic, and that the assessment is only ‘preliminary’,” counters Siegal of CBD. “The study ignores environmental damages and ignores the impacts to other industries like agriculture and tourism that employ far more people in California … It’s a cost-benefit analysis that has no reliable information on the benefits and ignores all of the costs. In the body of the report, the authors admit that their findings have little or no policy value for all these reasons.”

What all of this means is clear: California is in the throes of a fight for its economic and environmental future. Fracking opponents aren’t buying the industry’s job creation arguments. They also believe a further degraded environment will only destroy the precious lands that make California a unique, vibrant state.

The new oil barons, on the other hand, are preparing for a fracking frenzy, likely to be rubber stamped by complicit politicians and a complacent media.

(Joshua Frank, Managing Editor of CounterPunch, is the author of Left Out! How Liberals Helped Reelect George W. Bush, and along with Jeffrey St. Clair, the editor of Red State Rebels: Tales of Grassroots Resistance in the Heartland, and of Hopeless: Barack Obama and the Politics of Illusion, published by AK Press. Hopeless is now available in Kindle format. He can be reached at brickburner@gmail.com.)

Mendocino County Today: June 1, 2013

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THE GRAND JURY has taken a close look at food and nutrition at the County Jail and Juvenile Hall. In 1996 I spent a couple of weeks inside on a contempt charge conjured by DA Massini and her judicial gofer, Judge Luther. In ’96 I wrote that “the food is quite good and much 
improved from when I was here in 1988. We had a wonderful spaghetti the 
other night, nearly the equal of my wife’s, and some delicious barbecued chicken the next night. The lunch soups, made from leftovers, are excellent, as good as any restaurant soup you’ll find. There’s always a vegetable and often an apple or orange. Breakfast is at 5am. Lunch seems to be around 10:30 in the morning. I say
‘seems to be’ because in isolation one loses track of time. And dinner is 
about four. Meals are delivered on trays pushed through a mail slot-like opening in the door. I read, do push-ups, read, do push-ups, sleep.”

IN ’96 I WAS CONFINED to an iso cell with no contact with anybody except the CO’s, as correctional officers, or jailers, are called, one of whom did me a huge kindness I won’t forget. They let me bring in The Chomsky Reader, which I don’t mention out of pretentiousness but because out of jail every time I tried to read it I’d doze off. The professor packs a lot of info into every sentence; it’s hard going. But after I’d polished the Chomsky off I had nothing to read. I mentioned it to the CO when he took me out to shower, and darned if he didn’t take me to the mattress room where there were a bunch of mauled paperbacks thrown into a murky corner where he let me go through them. I fished out a couple of John O’Hara collections, and some other readable stuff, and by the time I got through them I was released. I’ll always be grateful to that CO. He got me through five or six days when it wasn’t at all clear how long Judge Passo Aggresso planned to keep me inside. He must have sensed my panic. With books, jail was like an austere vacation; without books it was real punishment.

THIS YEAR’S GRAND JURY, edited below, takes a look at current conditions at the local jail and juvenile hall:

“The Grand Jury received a complaint and reviewed several letters to
 the editor in the Ukiah Daily Journal complaining of food served 
at the jail and at Juvenile Hall. During a visit to the jail
 and the hall, the GJ found both kitchens prepared meals that met the state
 guidelines and served quality meals at a low cost per meal.”

WHICH IS NOT SURPRISING. Lots of guys complain about the food because they’re used to more sumptuous-seeming junk food on the outside, but the total jail package is often quite good for inmates, at least in the physical sense. If they’re in for awhile they can get the drugs out of their systems, catch up on their sleep and get some basic nutrition into themselves before setting forth for another round of the, ah, strenuous life. Jail is jail, not the Betty Ford Clinic.

“BAKING BREAD at the jail has reduced costs and is providing good training
 for inmates. The GJ observed that only male inmates work in the garden and
 recommends that female inmates have the same opportunity. The County 
contracted dietitian supervises several jail kitchens in other counties.
 The dietitian praised both the jail and JH Kitchens for the quality of the 
meals prepared with a minimum amount of equipment. It was explained that
 condiments are not served at the jail to save money and to lower the 
amount of salt and sugar in the diet. Preparing low fat, low salt diets
 are the stated goals for increasing inmate health. The GJ recommends 
providing a computer for the JH kitchen staff.”

THE SHERIFF brought us a loaf of his 951 Bread one day, and I’m here to tell you it was very, very good. As times grow more austere, even if the Sheriff is forced to feed inmates bread and water, 951 Bread is, nutritionally considered, enough to survive on.

“THE GJ determined the food complaints were unwarranted. If inmates ate all 
the food served at the jail, their diet may be healthier than what would 
be consumed at home.

“AVERAGE DAILY Nutritional Requirements: Varies with age and activity.
 Average men’s needs for sedentary occupation is 2400-2500, women 1900-2000 
calories; add 500-800 for moderate activity 700-1100 for hard physical
 work. Calories: The energy stored in food is measured in terms of calories.
 Disciplinary meatloaf: Also known as Nutraloaf, prison loaf, disciplinary 
loaf, food loaf, confinement loaf, or special management meal, is a food 
served in United States prisons to inmates who have demonstrated 
significant behavioral issues. It is similar to meatloaf in texture, but
 has a wider variety of ingredients. Prisoners may be served nutraloaf if
 they have assaulted prison guards or fellow prisoners. Nutraloaf is 
usually bland, perhaps even unpleasant, but prison wardens argue that
 nutraloaf provides enough nutrition to keep prisoners healthy without 
requiring utensils be issued.”

NutraloafI LOVED the two phrases: “Nutraloaf is usually bland, perhaps even unpleasant….” The only way you could un-bland and un-unpleasant this uniquely unappetizing glop is to kick it down the road a hundred yards, get your dog to whiz on it, dip it in used motor oil, and leave it out in the sun for a couple of years. Really, the Donner Party would have thrown this stuff back out into the snow. But then at the ball game the other day I watched four women old enough to know better eat those big, dry ball park pretzels dipped in mustard. Given the choice I’d go for Nutraloaf.

“DURING THE GJ’S visit to the jail, the GJ toured the kitchen facilities
 and ate the same lunch as the inmates. The GJ also had lunch with the
 youth at Juvenile Hall. In addition, the GJ interviewed the County contracted
 dietitian, head nurse of the medical services provider to the jail, cooks,
 and staff of both facilities. The GJ reviewed the menus, California’s 
nutritional guidelines and reviewed provisions of Title XV.

“INITIALLY, the GJ found the times of meal service at the jail unusual: 5:30
am breakfast, 11:30am lunch, and 4:30pm dinner. Staff explained the meal
 schedule is based on staffing and court scheduling requirements. State 
regulations require no inmate exceed 14 hours between meals. Food
 must be consumed when received and cannot be saved for later. The food 
budget for prisons in California has recently been raised from $2.30 per
 day to $2.45 per day. The dietitian stated the average budgeted food cost
 in the County jail is $1 per meal. Condiments such as margarine, jam,
 catsup and mustard have been discontinued to save costs and reduce the 
amount of salt and sugar consumed by inmates. The dietitian stated “every 
effort is being made to provide a heart healthy diet to incarcerated
 people. However, snacks purchased at the commissary, rich in fat and
 sugar, wreck a healthy diet.

“THE JAIL KITCHEN provides approximately 250 meals three times each day
 using bare bones kitchen equipment. The kitchen equipment at the jail is
 basic, no steam kettles or food processors. The dietitian praised the
 cooks at both facilities for the quality of meals they produce.

“THE NEW BREAD making equipment at the jail is providing professional 
training to inmate workers and saving the jail and JH substantial amounts
 of money. The current cost is $.30 a loaf. Inmates working in the kitchen
 receive sufficient training to receive food handling certification 
preparing them for future employment.

“THE JH kitchen is small but efficient. At the time of the GJ visit, the
 cook was preparing 26 meals three times a day. The cook does not have a
 computer to utilize nutritional information and caloric value of menu 
items or to send required reports to proper authorities.

“SPECIAL DIETS are available at both locations. Meals meeting religious 
preferences are also provided at the jail; these are pre-prepackaged and
 expensive. Pregnant women receive a fourth meal consisting of fruit and
 additional milk. Medical staff reported to the GJ that many inmates upon 
admission are overweight and undernourished. The dietitian stated the diet
 in the jail and Juvenile Hall for some is superior to what they consume on the
 outside. The Inmate Nutrition disciplinary nutraloaf served to inmates who 
show extreme behaviors meets the dietary requirements.”

SO DOES HUMAN FLESH, but Nutraloaf, I guess, is the next best thing.

“JUVENILE HALL nutrition requirements are more than those for schools and include one
 cup of fruit at lunch and a recent increase in the amount of legumes 
served. Many of the young people at Juvenile Hall were found to be malnourished on
 arrival.

“STATE DIETARY requirements are as follows: Juvenile hall receives 2817
 calories, required 2732 calories. Inmates at the jail receive 2549 
calories, required 2518-2700 calories. The menus at the jail are changed
 annually. The dietitian visits both facilities quarterly.

“THE GJ observed no women working in the jail garden. The garden is an 
important supplement of fresh produce and healthy outdoor work. The GJ 
questioned their absence and was told that a male supervisor may not hav e
female inmates working under his supervision. The addition of a female
 supervisor would allow women to work in the garden.”

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Corson

Corson

A SPECIAL INGRATE TROPHY should go to Marc Joseph Corson, 36, of Fort Bragg, who was found unconscious on his living room floor from a drug overdose. When police and paramedics revived the guy, perhaps having saved his life, and attempted to load him into the ambulance, Corson had to be restrained and hauled to the hospital by police. Corson went off again in the emergency room and, in the struggle to subdue him, Sgt. Charles Gilchrist suffered minor injuries when his hand and arm were slammed against the floor. Corson was eventually wrestled to the ground and brought under control enough for a medical evaluation clearing him for arrest. He was arrested for suspicion of battery on a police officer causing injury, resisting arrest and making death threats to a police officer.

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THE GOVERNOR’S REALIGNMENT program means people who’d ordinarily be packed off to the state pen are doing their time in county jails. So far, Mendocino County hasn’t had to face with the overcrowding lots of county jails are experiencing, including the Humboldt County Jail where drug-addicted people who in some cases repeatedly commit non-violent crimes are being booked and immediately released. HumCo is almost literally up in arms, especially in the Eureka area where burglaries and other property crimes seem epidemic and where there is no room in jail except for the most egregious offenders.

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COMMENT OF THE DAY: In 1990, Alex Cockburn was invited to speak by a gang of puritanical Trots at Reed College in Portland, a city almost paralyzed by the conventions of political correctness. (In spite of this laborious self-consciousness about its place as a hipster utopia, Portland hosts more strip clubs than any other city its size and lissome Earth First!ers are often glimpsed pole-dancing at Mary’s Club during the winter months to fund their high-wire activism in defense of ancient forests when the snows melt and the chainsaws fire up. For them, stripping is a much less humiliating experience than applying for a grant from the Pew Charitable Trusts.) — Jeffrey St. Clair

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Bowman, McNeil

Bowman, McNeil

ON MAY 28, 2013, Green Right’O Way Construction Company reported that during the night someone had broken into vehicles stored at a construction site on Highway 1 near Elk, California. A large amount of tools, valued at several thousand dollars, was reported to have been stolen. On May 29 Mendocino County Sheriff’s Deputies were investigating leads in this case and went to a residence on Dorffi Street in Fort Bragg. At that residence, the home of Donald Bowman, 40, numerous items matching the description of the stolen tools were located. Bowman had pending felony charges and was out of custody “on his own recognizance,” was not found at the residence. The stolen property was seized and deputies began attempting to locate Bowman. On May 30 at approximately 11am, Mendocino County Sheriff’s Deputies located Bowman at a residence on Franklin Road in Fort Bragg. Bowman was arrested and taken into custody without incident. While at the residence Deputies conducted a parole search of the resident, Anthony McNeil, 34, and he was found to be in possession of methamphetamine and was in possession of property taken from the construction site. Additional physical evidence was also discovered at the scene linking McNeil to the theft. McNeil was also found to be in possession of property stolen in a residential burglary in the Mendocino area that was reported about one month ago. Information was developed that indicated that additional stolen property from this burglary may be at Bowman’s residence. McNeil was arrested and taken into custody without incident. Deputies returned to Bowman’s residence where property stolen in the Mendocino burglary was located and recovered. Bowman was lodged at the Mendocino County Jail for possession of stolen property, Commission of a felony while out of custody with felony charges pending, and violation of probation. Bowman was to be held in lieu of $55,000 bail. McNeil was lodged at the Mendocino County Jail for Possession of methamphetamine, Possession of stolen property, and violation of parole. McNeil was to be held on a no bail status. (— Sheriff’s Office Press Release)

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MENDO COLLEGE will offer a “Green Economy” course in Anderson this summer. It will be open to high school students and adults and will be offered at the elementary school in room 20 from 6/24-8/1 on Tuesdays and Thursdays 8:30-12:50.

Course info: Title: The New Green Economy, BUS-176, Section Number: 8137. Description: This course offers an overview of green business trends and opportunities as they continue to emerge across a wide range of economic sectors. Students examine the cultural, scientific, and regulatory factors underlying the growth of the green economy, assess trends and opportunities within various sectors, and learn skills and strategies for pursuing employment or starting a green business. Industry sectors discussed include, energy, transportation, manufacturing, building trades, food and farming, waste, media, health and wellness, and consulting. (Credits: 3.00. Starts June 24, 2013. Ends August 1, 2013.)

Mendocino County Today: June 2, 2013

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LAST AUGUST 30 the Mendocino County Sheriff’s Department issued the following press release with a certain amount of local hoopla:

ON AUGUST 30, 2012 Mendocino County Sheriffs Deputies were dispatched to the area of the “North Pass Fire complex” in Covelo regarding a firefighter that had been threatened with a firearm.

 Upon arrival deputies contacted a CalFire Firefighter that reported he was on a vacant lot of land, in the “Blands Cove” area, involved in fire suppression duties and documenting fire damage, when he came across a small marijuana garden. The firefighter, who was driving a marked CalFire vehicle and wearing firefighter protection gear, ignored the marijuana garden and proceeded with fire suppression efforts. (It should be noted that this area was clearly marked and identified as a mandatory evacuation area due to the aggressive fire behavior and ongoing fire suppression efforts.) 

As the firefighter was continuing with fire suppression efforts, he noticed a vehicle drive up to his location. The vehicle approached him and pulled up next to him. The male subject inside the vehicle told the Firefighter that he needed to leave the area. When the firefighter attempted to explain to the subject that he was engaged in fire suppression activity, the male subject told him that he needed to leave immediately. The subject then looked down at an object that was between his legs on the floor board of the vehicle. As the firefighter looked into the vehicle he could see that a shotgun was between the subject’s legs, and that the barrel was pointed directly at him. In fear for his life, the firefighter left the area immediately. Following a search of the area, deputies located a residence (located within the mandatory evacuation area) and the possible suspect vehicle. Deputies contacted a male subject at the residence who admitted to confronting the CalFire Firefighter. In addition, the male subject, later identified as Veda Bennett-Swank, admitted that he was growing marijuana and that he was aware that he was remaining in a mandatory fire evacuation area.

 Veda Bennett-Swank was arrested for brandishing a firearm in a rude, angry or threatening manner, interfering with emergency personnel or a firefighter at a fire and criminal threats. He is currently being held at the Mendocino County jail on $20,000.00 bail.

Bennett-SwankBooking* * *

YESTERDAY, Mr. Bennett-Swank’s mother, Lisa Wrench, after saying she was having trouble posting her response to the months-old Press Release on the Sheriff’s website, posted the following response on Hank Sims’ Lost Coast Outpost in Humboldt County. But, of course, the incident in question involves Mendocino County authorities so we’re reprinting Ms. Wrench’s response here. (Courtesy LostCoastOutpost.com)

* * *

Editor,

Veda Bennett-Swank is my son. I would like to comment on the situation regarding his arrest for supposedly threatening a fire person or brandishing a weapon at him. The DA actually wants to take this to trial.

To understand the situation it’s important to note that the Swank family property is located about 15 miles from Covelo, where the average homestead is about 200 acres and there are maybe five homes in two miles. It’s remote, far from services, and you are going to have to take care of yourself, rather than rely on police to protect you, who would probably take 45 minutes to arrive at best. The Swanks have owned their property over 20 years, and are improving it as a family homestead and eventually want to build a home and live full time there.

The area is home to bears, mountain lions, rattlesnakes, coyotes, and “Cinnamon Bears” (relocated Grizzly bears) are known to be in the area. Most residents own and carry guns when they are out on the land to protect themselves.

Residents in the Northern California wilderness areas also have to constantly be on alert for threats from humans. Numerous incidents of gangs trying to set up huge illegal pot operations on someone’s land, steal their belongings, criminals trying to rob them if they are pot farmers during harvest time, and scary folks who come deep into the wilderness to put up a “quick meth lab” which can destroy the land permanently or cause fires, are common problems.

During the fire, there were numerous criminals working off their sentences fighting the fires with the firefighters who were within a few miles of the Swank property. The Swank family experienced multiple thefts of thousands of dollars of tools and personal belongings at their property around this time and were concerned about looters or criminals returning to the area after the fire.

This event took place many days after the fires were out, in an area a long way from the affected fire area, on private property. A white truck, with no placards, signs or other identifying information, was on the property near the small, legally operated marijuana garden on the Swank family land. A man in unremarkable clothing with no badge or other identifying clothing, was standing inside the small, fenced, legal pot garden, snapping pictures of the plants with a camera.

The report says the individual was engaged in “fire suppression efforts.” In reality, his behavior consisted of being inside the small pot garden in question. His “fire suppression equipment” consisted of a photographic camera.

Veda told the person that he was trespassing and should leave immediately. The man got in the white truck, waved goodbye, and left. I don’t know whether Veda was “rude” to the man about him being deep into his garden with a camera or not. But I might have been less than polite if a person claimed to have a right to be doing this on my land, and used his government authority to assert his right to do so.

As to how this gets twisted into a story about a firearm, as the man drove away, he noticed that Veda had a firearm in his truck with him.

Veda is a truthful person, and told the police he had a firearm in his vehicle. This is very common in this area as a precaution against meeting large animals or criminals who may be on your land.

I worry myself for anyone who legally is growing during the time close to harvest due to the risk of being robbed and potentially harmed. I myself own land inside forest boundaries and while I do not choose t to grow marijuana, I am always concerned about my safety when there are individuals who are on my property without a right to be there.

As I said before, many people show up in the late summer to rob pot farmers in the wilderness areas of California, or hunt on private land, or worse, are looking to find a secluded spot to set up a quick meth lab or do other criminal behavior. These types of individuals are likely to be carrying weapons should you come upon them.

I don’t think it’s rude or threatening to tell someone who is pointing a camera at a pot plant inside a fenced garden that they need to leave and don’t belong there.

I’ve known Veda all of his 21 years, and I know that he would never intentionally harm anyone who was not at that moment threatening his own life or that of a loved one. He is a very gentle and peaceful young man. I don’t agree that babysitting pot gardens is the best use of his time, but he is committed to living on the Swank family land, and I admire and respect him living his dream to live in this rural way.

Having a weapon in your vehicle in case the other person is a criminal is prudent in the very wild hills outside of Covelo.

The firefighter clearly admits that what happened is that he was told he was trespassing and that he saw a weapon in the car down at the floorboards of the car. I truly believe that this is a horrible abuse of government power to try to claim you were harassed or threatened. To be walking around in someone’s legal pot garden, however small and modest, in the Mendocino Hills, snapping pictures, is an abuse of your position as a Civil Servant.

Veda and the other members of the Swank family suffered significant losses due to thefts during the fires, as well as the tremendous sums defending himself against these unfair charges. I truly believe that Mendocino County residents’ tax dollars are much better spent prosecuting illegal growers, gang drug activities and violent crimes.

That being said, I want to thank all of the brave individuals who fought the fires this year.

Lisa Wrench, Covelo

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SUPERVISOR HAMBURG has filed a claim against the County of Mendocino. We know he’s poised to sue the county to compel the county to issue him a death certificate for his already interred wife, but a claim implies damages.

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LAST THURSDAY we posted the following items (being reposted here for convenience). We’re also posting the original story on the Elliot trial and the story about the attempt at a retrial because it has now been appealed on the ground PD Thompson made a trial error.

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DEPARTMENT OF UNINTENTIONAL HUMOR (then again, maybe it wasn’t unintentional) in Tiffany Revelle’s lead story in Wednesday’s Ukiah Daily Journal “At issue: Did Mendocino County Public Defender Linda Thompson make a mistake?”

I’D SAY THE ODDS that Thompson made a mistake are about 99-1 she did, but if she did in this one it seems big-time moot anyway. It boils down to the length of a knife blade. Will Timothy Slade Elliott of Hopland, convicted in 2010 of second-degree murder for the 2008 stabbing death of Samuel Billy, 29, also of Hopland, get a new trial?

SHOULD THOMPSON have asked for “a hearing outside the jury’s presence to exclude the 1.65-inch knife a doctor testified could have been used to inflict the fatal, 6-inch stab wound in Billy’s abdomen.” The dispute is about the length of the knife blade; was the one Elliott allegedly used on Billy long enough to penetrate deep enough to kill Billy?

MS. REVELLE’S STORY has it this way: “‘At trial, I was asked for my opinion of fellow pathologist Dr. Terri Haddix’s conclusion that the knife in evidence could not, when fully inserted, inflict a six-inch deep wound,’ according to an April 7, 2012 declaration from Dr. Jason Trent, the pathologist who performed the autopsy on Billy. I testified to my belief that her conclusion was incorrect. My opinion was based, as I stated at trial, on the knife blade measuring between three to four inches long. Based on this information, I am not absolutely able to conclude whether this knife could have caused a six-inch deep wound. If I was told at trial that the knife blade was 1.65 inches long, I probably would have testified that this knife could not cause a six-inch deep wound. However, keep in mind that the victim is dressed, is overweight and the blade strikes no object other than soft tissue.”

THAT GRIM EPISODE occurred late at night on the Hopland rez, with the only eyewitness being a 9-year-old boy whose long distance view of the stabbing Thompson was unable to shake. A jury had no difficulty convicting Elliott whatever the length of the blade he used or didn’t use.

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ON FRIDAY Ms. Revelle reported:

Public defender reacts to criticism in Hopland murder case

Mendocino County Public Defender Linda Thompson on Wednesday responded to claims that she erred in failing to exclude the alleged murder weapon in the 2010 trial of Timothy Slade Elliott for the stabbing death of Samuel Brandon Billy. “I still think he’s innocent,” Thompson said, amid her comments about the fact that the doctor who testified about the weapon at trial recanted his testimony a year ago. A jury in August 2010 convicted Elliott, now 40, of second-degree murder in the September 2008 stabbing of Samuel Brandon Billy, 29. The men, both Hopland residents, allegedly fought at a party on land belonging to the Hopland Band of Pomo Indians early on the morning of Sept. 26, the Mendocino County District Attorney’s Office stated previously. Elliott was reportedly seen delivering a blow to Billy’s abdomen, and Billy staggered a few feet and collapsed in the parking lot with a stab wound. Elliott may get a retrial if judge Ann Moorman rules in favor of the state appellate court’s petition, which claims that Thompson was ineffective counsel because, in part, she didn’t ask for a hearing outside the jury’s presence to exclude the 1.65-inch knife the prosecution’s medical expert testified could have been used to inflict the fatal, 6-inch deep stab wound in Billy’s abdomen. Dr. Jason Trent, the forensic pathologist on contract for Mendocino and Lake counties for the past 15 years, recanted the testimony he gave at trial that the knife in question could have been the murder weapon, according to a declaration he filed with the First District Appellate Court in April 2012. “I’m surprised that the ME (medical expert for the Mendocino County Sheriff’s Office) has decided to do that several months after the fact,” Thompson said. Trent claims in his declaration that he didn’t know during the trial that the knife was only 1.65 inches long, and that if he had known, “I probably would have testified that this knife could not cause a six-inch deep wound.” Trent’s original testimony disagreed with Dr. Terri Haddix’s conclusion that the knife in question could not have caused the fatal stab wound. Thompson said she put Haddix on the witness stand to testify that the knife was only 1.65 inches long, and contends that Trent had Haddix’s report and knew how long the knife was, “and still stuck to his guns.” She didn’t file a motion to exclude the knife because the dispute over whether the knife could have caused Billy’s stab wound was already on the record. “That would be a factual dispute — when one doctor says it could have inflicted the wound and one doctor says it couldn’t — that’s an issue for a jury,” Thompson said. She added, “I hope the county reconsiders Dr. Trent’s role as ME.”

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BY WAY OF BACKGROUND, in September of 2010, the AVA’s crack court reporter covered the Elliott case in detail. So to help understand the issues involved we’re reprinting that story.

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MOTION DENIED

The Good People And The Snow Bunnies Put Another Indian Away For Life

by Bruce McEwen

Timothy 'Coke' Elliott

Timothy ‘Coke’ Elliott

Despite the fact that the prosecution didn’t have a very tight case against him, Timothy S.‘Coke’ Elliott was found guilty of Second Degree Murder last week at the end of a two-week trial that was attended throughout by many members of the Hopland band of Pomo Indians from the Hopland Rancheria. Samuel Billy, 29, was found lying with a knife wound in the early morning hours of September 26, 2008. Billy, who had been a basketball star at Ukiah High School ten years ago, died on the operating table in Santa Rosa later that day.

Tim Elliott is facing 16 years to life in prison.

The main witness in the case was just a seven year old kid at the time, and the presumed murder weapon, little more than a toy. Yet the jury came back with a guilty verdict last Friday after only two days of deliberation.

Elliott’s lawyer, Public Defender Linda Thompson, made a motion for acquittal early on for lack of evidence, and after all the evidence was in she made the motion again, but both times Judge Richard Henderson stamped it “Denied.”

Judge Henderson has long been considered a rubberstamp for the District Attorney’s Office. “Ricky Rubberstamp,” the local defense bar has labeled him.

The knife in question was less than two inches long, handle included, and the stab wound Sam Billy died from was over six inches deep. The crime scene had been “contaminated” by numerous people coming and going, and the investigation was stonewalled from the beginning by a close-knit community that doesn’t seem to have much faith in “white-man’s justice.”

The case was assigned to Detective Andrew Whittaker who said he was “met with a lot of resistance; people were being very uncooperative.”

Detective Whittaker eventually found the kid, Isaiah Valesquez, seven years old at the time, who said he saw the defendant, “Coke,” “punch” the victim, Sam Billy, at around 3:30am after or during an on-going party in the parking lot of an apartment complex at the end of Shanel Drive on the Hopland Rancheria. Apparently, it was Coke’s birthday party. Isaiah’s testimony was in last week’s report. He’s now a nine-year-old.

Since Isaiah testified, a recording of his interview with Detective Burns, who also worked on the investigation, was played for the jury. The recording was played as a defense exhibit because of some “inconsistencies” in the two year old recorded version and the testimony on the witness stand last week.

In the recording, the jury heard the highly keyed-up voice of a younger, more exuberant Isaiah Vasquez. He tells Detective Burns that he’s in Third Grade at the Hopland Elementary School and likes reading.

Burns: “What kind of books?”

Isaiah: “Chapter books. And Pokeman!”

Burns: “What kind of grades do you get?”

Isaiah: “Ummm… good. I get good grades in school. Very good grades.”

Burns: “Do they grade you with As and Bs or percents?”

Isaiah: “Percents!”

Burns: “So what grades did you get?”

Isaiah: “A hundred!”

Burns: “Good for you! I was here the other night” — several days had gone by since the night of the knifing, and a few more since Burns had first met Isaiah, but he knows why the detective has returned.

Isaiah: “Do you want me to tell the story?” he asks with impatient enthusiasm.

Burns: “Yeah, sure, if you can remember it.”

Isaiah: “I saw Coke and Sam outside talking, then Coke was punching Sam in the stomach and Sam was holding his stomach, then Sam fell down in the road. Then Coke ran to Jessica’s house.”

Burns: “So you were upstairs in your bedroom?”

Isaiah: “Yeah, uh-huh. I was watching a movie!”

Burns: “What movie?”

Isaiah: “It was the Snow Bunnies.”

Burns: “Do you know what time it was?”

Isaiah: “Oh, yeah. It was 11 o’clock.”

Burns: “How did you know it was 11?”

Isaiah: ‘Cause I saw it was 11 on the microwave.”

Burns: “Were there police and deputies there?”

Isaiah: “Yeah, there were police officers and deputies too.”

Burns: “Okay, here’s what we need to do, Isaiah. We have lots of time—”

Isaiah: “Could you wait while I use the bathroom? You make me kind of nervous.”

Isaiah’s siblings can be heard in the background of the recording and while he’s absent, his mother says something to the detective, but it was hard to hear just what she said. Something about his movie being too loud, perhaps. Shortly, he returns. A racer coming out of a pit-stop, hoping to make up lost time.

Burns: “So you were sleeping and then you woke up.”

Isaiah: “Yeah, I woke up and my movie was still on. Then my Mom and Dad woke up because I turned my movie up – wait! I got stuck – Where was I? And then – and then – there were lots of people out there. And then – then, someone threw someone against that car! My Mom and Dad were talking and I said, ‘That’s Sam out there!’ My Mom took a towel and a cup of water out there – then Sam’s brother was there and he said, ‘come back, you cowards’ – then he gave Sam CPR. Then lots of cops came, and firefighters. There were lots of people there.”

Burns: “Did you see all that from your bedroom?”

Isaiah: “Yep.”

Burns: “Let’s back up.” The voice of detective Burns sounds like he was choking on Isaiah’s dust as the kid raced to a conclusion. “Tell me again what it was you saw from your window.”

Isaiah: “But, well, then, Sam’s older brother, Derek—“

Burns: “You gotta pull your hand away from your mouth, ‘cause I can’t really hear you.” The detective is perhaps more concerned with the quality of the recording than his hearing.

Isaiah: “Then Coke said, ‘Look at your man, he’s fading.”

So far, this line and the part about seeing the punch to the stomach, were the only things the seven-year-old could agree to with the nine-year-old. But seven-year-old Isaiah adds this, with an air of candor in his sigh: “I couldn’t really hear what they were saying, ‘cause of my TV. But then Coke was moving up. Coke had on a white shirt. But Coke was drunk and Sam wasn’t. But then I saw Coke beat up some other guys.”

Burns was choking on more dust: “I can’t keep up with that,” he gasped.

But what’s worse, is nine-year-old Isaiah had said Sam was drunk.

Isaiah let up on the throttle, took a breath, shifted down and floored it: “Coke said, ‘Lookit, your boy’s fadin’ to Sam, but Sam… Then the good people went to check out Sam!”

One wonders, at this point, if the Good People are any kin to the Snow Bunnies. Isaiah is sniffling and coughing, occasionally, like maybe he has a cold, which would explain why he had his hand to his mouth earlier. His mother, perhaps interrupting to hand him a tissue, says, “Don’t get confused.” The victim was her “friend,” in Isaiah’s words.

Burns: “What happened next?”

Isaiah: “I think I just forgot,” he sniffed. “Sam wasn’t, uhh …? And Coke said, ‘I’m gonna take you down, dude. Then Derek thought Coke was going to do the uppercut to Derek but he did it to Sam. He did this” – there’s some rustling noise on the recording as if Isaiah were shadow-boxing – “and then he did that, then Derek was doing CPR to Sam like this, then like that (more rustling noises), but it wouldn’t work.”

Burns: “Did you see any weapons?”

Isaiah: “Nope. Nobody had any weapons,” he said with resolute authority.

Burns: “You did really good.”

At this point Dr. Trent, the County’s forensic medic who did the autopsy, came in. He was running late from the Crime Lab in Eureka and I had to catch the bus. On the ride home, out of idle curiosity, I glossed the word: Autopsy is Latin, meaning “see for yourself.”

Isaiah the younger had made a storyteller out of Isaiah the older, it seemed. The Defense had been given a copy of this two year old recording, so it’s easy to imagine how startled Linda Thompson was with the “inconsistencies.”

The defendant, Tim Elliott, sat with his immobile back to the gallery throughout, his head erect, his long braids behind his ears, except rising to stand in courtesy and dignity when the jury came and went.

When Ms. Thompson cross-examined Isaiah two weeks ago – before the jury had heard the recording – she may have sounded combative and insensitive. Little did the jury know at the time how glaring the inconsistencies were; but, no matter. The consensus around the courthouse is that once you attack a child, you’ve lost the jury’s sympathy. Attack is too strong a word, but, still, it seems Ms. Thompson pressed too hard. Especially, perhaps, for the eight women on the jury.

The prosecutor, perhaps significantly, was Deputy DA Rayburn Killion, known by all the women as the courthouse “The Hunk!” He’s a tall young man, superbly fit and rather stylish in his sharp pinstripes with a shaved dome and bristly goatee. Women – the ones who aren’t studiously consulting their cellphones in order to keep their eyes off him — stop in their tracks and catch their breath when he strides past.

Killion had another witness, a man whose reluctance to testify was in stark contrast to Isaiah’s eagerness. His name was Patrick Zaste, as near as I could tell, because his voice on the stand was low, a murmur at best, and though he was often asked to repeat himself for the court reporter who sat right next to him, his testimony was inaudible most of the time. He had come to the police, he said, four or five days afterward with some clothes he said the defendant had left at his house shortly after the killing.

Apparently, the defendant came to Zaste’s house at 5am or thereabouts. But – this is odd – Killion was asking about a date in October — ? — of that year, 2008.

Zaste: “Yes, at my residence.”

Killion: “How early?”

Zaste: “Five am. About five, I think.”

Killion: “What were you doing?”

Zaste: “Sleeping.”

Killion: “What woke you?”

Zaste: “Banging on the door.”

Killion: “Who was there?”

Zaste: “Priscilla Knight and Tim Elliott.”

Killion: “Did you let ’em in?”

Zaste: “No. But they pushed on the door and came on in.”

Killion: And after they came in, what did they do then?”

Zaste: They came into the living-room, ummm… and started to say someone’s after ‘em and [at this point the mumbling gets so bad the jury members complain they can’t hear; so I, many paces further away, could have it all wrong by now.

Killion: “What was Tim wearing?”

Zaste: “White shirt, dark pants.”

Killion: Then Tim went into the bathroom. How long was he in there?”

Zaste; “A short time.”

Killion: “Like five, 15 minutes?”

Zaste: “No, only three, maybe four.”

Killion: “Notice anything when he came out?”

Zaste: “Dirty laundry.”

Killion: “Whose?”

Zaste: “Mine.”

Killion: “When did you hear Sam Billy had died?”

Zaste: “Later that day?”

Killion: “Remember who told you?”

Zaste: “Nah.”

Killion: “Had you known him long?”

Zaste: “Since I was 14.”

Killion: “Had Tim been to your house before?”

Zaste: “Yeah. Once or twice.”

Killion: “How do you know Priscilla?”

Zaste: “We’re related. She’s my cousin.”

Killion: “Did they use your phone?”

Zaste mutters something and again the jurors complain that they can’t hear him.

Killion: “Did they leave?”

Zaste: “Yes. After about 20 minutes.”

Killion: “Find any clothes in your bathroom?”

Zaste: “Yes.”

Killion: “Anything else?”

Zaste: “A little pocket knife.”

Patrick Zaste said he put these things in his closet for a time and then moved them to the trunk of his car. It was unclear how much time had passed, but eventually he heard Tim Elliott had turned himself in.

Killiion: “Did you contact law enforcement?”

Zaste: “I believe so.”

Killion: “When?”

Zaste: “I don’t remember.”

Killion: “Why didn’t you come forward?”

Zaste: “I was scared for my family and stuff.”

Killion took the clothes out of an evidence bag and Patrick Zaste identified them. When Public Defender Thompson cross-examined Zaste he became even quieter. He sat silent, looking down at times, when asked a question; Thompson had to ask and re-ask her questions before she could get a muttering response.

Thompson: “He asked to use the phone. Did you hear him have a conversation?”

Zaste: “Na.”

Thompson: “The clothes he took from the bathroom, were they on the floor?”

Zaste, instead of answering, asked the judge if he could take a break. He left the courtroom and everyone waited for about ten minutes until he returned.

Thompson: “After Tim and Priscilla left you went into the bathroom. You saw a T-shirt and jeans on the floor. And the pocket knife was on top?”

Zaste: “Uhh, no.”

Thompson: “Where was it, then?”

Zaste: “On the clothes.”

Thompson: “How long before you put them in the bag?”

Zaste: “I don’t know.”

Thompson: “Did you touch the knife?”

Zaste: “I don’t remember.”

Thompson: “Okay. Once you packaged the clothes up, what did you do with them?”

Zaste: “Put ‘em in the closet.”

Thompson: “And how long were they in the closet?”

Zaste: “Don’t know.”

Thompson: “Well, you said you heard Sam died; was it after you heard that?”

Zaste muttered indistinctly.

Thompson: “Well, then, when did you put the clothes in the car?”

Zaste muttered something else.

Thompson: “And shortly after that you also heard that Mr. Elliott had been arrested, did you tell anyone that you had the clothes at that point?”

Zaste: “No.”

Thompson: “When did you ever tell anyone that you had the clothes?”

Zaste mutters. Judge Henderson didn’t seem to mind.

Thompson: “Did you call the sheriff’s office and tell them you had the clothes?”

Zaste: “No.”

Thompson: “In fact you were contacted by the Sheriff’s office in November, were you not?”

Zaste: “Can you say that again, I don’t understand.

Thompson: “Do you remember how long it was before the Sheriff’s office contacted you?”

Zaste: “No.”

Thompson: “When you went to the Sheriff’s office to talk to Detective Whitttaker, you still had the clothes in the trunk of the car?”

Zaste: “Yes.”

Thompson: “Were you being recorded?”

Zaste: “I saw the tape recorder.”

Thompson: “Did the detective ask you questions or just say, ‘tell me what you know’?”

Zaste: “What are you asking me?”

Thompson: “Did he ask you any questions about Timothy Elliott?”

Zaste: “Don’t remember.”

Thompson: “Priscilla Knight?”

Zaste: “Don’t remember.”

Thompson: “He didn’t ask if Tim and Priscilla had been to your house?”

Zaste: “Don’t remember.”

Thompson: “Did he ask if you had anything belonging to Tim Elliott?”

Zaste: “Don’t remember.”

Thompson: “Do you remember what you talked about?”

Zaste: “What I knew.”

Thompson: “Did you tell Detective Whittaker about what Elliott was wearing when he came to your house?”

Zaste: “”I don’t remember.”

The witness’s amnesia was getting to everyone, it seemed, and Judge Henderson called a break.

After the lunch break, the testimony, or lack thereof, resumed. The witness no more cooperative than before, and with the eyes of the tribal members on him, his nervousness increased his amnesia.

Thompson: “Now, you had the clothes in your trunk over a month. Did at anytime, during that time, did Priscilla come ask you for the clothes?”

Zaste: “No.”

Thompson: “Did they – either Tim or Priscilla – ask you to do anything with those clothes?”

“I don’t know.”

Thompson: “Did you ever tell Detective Whittaker you were willing to write a statement on a computer?”

Zaste: “Yeah.”

Thompson: “Did you.”

Zaste: “I don’t have a computer?”

Thompson: “You didn’t see the clothes Tim took from your bathroom floor again until yesterday – did you tell them yesterday they were your clothes?”

Zaste: “Uh, yeah.”

Thompson: “I have nothing further.”

Killion: “When you got shown the clothes yesterday, did Detective Whittaker say anything?”

Zaste: “Yeah, ‘take a look at these’.”

Killion: “Are you pretty nervous about testifying?”

Zaste: “Yes.”

Killion: “Why is that?”

Zaste: “My family’s well-being.”

Killion: “Are you doing something with your wrist?”

Zaste: “Yeah.”

Killion: “What is that?”

Zaste: “A rubber band.”

Killion: “Why is that?”

Zaste: “I’m nervous.”

Other potential witnesses were even more reluctant to testify than Mr. Zaste. Detective Whittaker said no one would talk to him but as he was walking around the parking lot he found a blood spot on the tailgate of a Ford Bronco. Looking inside he found a T-shirt with a knife cut and a bloodstain on it. The vehicle belonged to Richard Billy. Richard said the shirt probably belonged to his brother Derek Billy, who was called to the stand.

Killion held the shirt up and said, “Do you recognize this shirt?”

Derek Billy: “Yes, it’s mine.”

Killion: “See this hole?”

Billy: “Yes.”

Killion: “Know how it got there?”

Billy: “No, I don’t.”

Killion: “Do you remember having an interview with Detective Whittaker?”

Billy: “I don’t remember the date.”

Killion showed a picture of a stab wound in Derek Billy’s chest and asked if he remembered being stabbed. He didn’t remember. Did he remember putting the shirt in the Bronco, at all?

Billy: “No, I don’t.”

Killion: “You remember putting your shirt on Sam?”

Billy: “Yes, I do.”

Killiion: “Remember the police being there?”

Billy: “I do.”

Killion: “Remember talking to them?”

Billy: “No, but I remember they were there.”

Ms. Thompson cross-examined.

Thompson: “Did you and Sam go to a softball game that night?”

Billy: “I don’t remember.”

Thompson: “Do you recall when the game was over?”

Billy: “No, not really.”

Ms. Thompson asked more questions but Derek Billy couldn’t remember, he said. He then left the stand and the lawyers went into the judge’s chambers for a private confab. When the trial resumed, Ms. Thompson called a forensic pathologist to the stand, Dr. Terry Haddix.

Thompson put a picture of a small pocketknife, next to a ruler, on the screen. It was less than two inches long, handle included. She asked, “If that knife were used to stab a human body, how far would it go in?”

Dr. Haddix: “That depends on how much force was used. It could go in past the handle, but it would carry cloth into the would if it went past the blade, producing abrasions.”

Thompson: “Anything consistent with the wound and this knife?”

Haddix: “Yes, but my problem is with the depth of the wound which was 6.7 inches. You could have one shorter, but this one is too short to make up the five inches. A four-inch blade could possibly make up the difference, but this is just too short.”

Killion: “If this approximately two-inch blade were”—

Haddix: “I’m sorry, but this is not a two-inch blade. It’s less than one and not enough to make up the over six inches of the wound.”

Thompson: “Dr. Haddix, have you ever been called as a witness for the prosecution?”

Haddix: “Yes. Yes, better than 90% of the time.”

Thompson: “And how often have you found that the evidence did not cause the wound?”

Haddix: “I’ve been presented a number of cases and this is really exceptional.”

Thompson: “Nothing further.”

After the witness left and the jury was out of the room, Ms. Thompson again asked for an acquittal on the grounds that the evidence was insufficient and the testimony lacking in credibility. Judge Henderson said he’d take it under consideration, and recessed for lunch. After lunch, he said the motion was denied and gave the jury their instructions. Two days later at the end of the day on Friday they came back with the guilty verdict.

Timothy Elliott faces 16 years-to-life in prison for the conviction, which included the special allegation that he used a knife. He is due in court October 8 for sentencing.

* * *

IN JUNE OF 2011 “Coke” Elliott was back in court, this time with a new attorney, Jan Cole-Wilson of Ukiah, who argued that Elliott should get a new trial because his public defender, Ms. Thompson, had not represented Mr. Elliot adequately.

* * *

SHOULD TIM ‘COKE’ ELLIOTT GET A NEW TRIAL?

by Bruce McEwen

“I respect Ms. Thompson, but this is basic stuff, right out of criminal law procedure 101,” attorney Jan Cole-Wilson said. “Any lawyer should know this.”

Ms. Cole-Wilson, as she argued for a new trial for Elliott, was referring to Public Defender Thompson’s failure to make a pre-trial motion to suppress Elliot's criminal history.

It was only one of many mistakes Cole-Wilson said Thompson made in the jury trial that convicted Elliott of the Second Degree Murder of Sam Billy at the Hopland Rez last year.

Thompson had euphemized her screw-ups during the Elliott trial as “tactical decisions," part of her overall “defense strategy.”

But Thompson's failure to suppress Elliott's legal history was, Cole-Wilson declared, only one of Thompson's failures to provide Elliott with a competent defense. Worse, Cole-Wilson said, was Thompson’s failure to call a particular witness, Priscilla Knight, to contradict the damning testimony of Patrick Zaste.

Zaste had testified that Tim Elliott and his girlfriend Priscilla Knight had forced their way into his house the night of the killing where Elliott had gone into Zaste’s bathroom and changed into some of Zaste’s clothes, leaving his own clothes and a knife behind.

Zaste, it developed, was a good friend of the deceased.

This testimony seemed to mean that Elliott was dumping his clothes because they incriminated him, because of his “guilty conscience,” as the prosecution called the change even though there was no blood on the clothes tying Elliott to the killing, and the alleged murder weapon, a knife, was later convincingly shown not to be the knife that dispatched Sam Billy.

Priscilla Knight told Linda Thompson that the first she heard of this supposed visit to the Zaste house was when she heard it in court from Patrick Zaste on the stand.

But Thompson didn’t call Ms. Knight to testify.

Why?

Strategy, you see.

There were other problems with the story about the clothes, Ms. Cole-Wilson said.

“Mr. Zaste hadn’t gone to the police with the clothes for four months after the fact, and then — only after the police were contacted by Diane Billy. How would she have known he had that stuff? And then there was the way he [Zaste] was acting when he talked to the police. He was nervous, kept pulling at a rubber band on his wrist. When the officer asked about his nervous behavior, he said he was scared for his family. But nobody ever contacted him about this stuff, or threatened him or his family.”

(I should say here that I’ve twice been menaced by rez thugs from Hopland who have felt free to threaten me in the Courthouse halls without bothering to tell me what they’re unhappy about. I can understand the fear of people who have to live in the same neighborhood with these characters.)

Cole-Wilson pointed out that Mr. Zaste was a good friend of the victim, Sam Billy, and it made no sense that Elliott, Billy’s alleged killer, would go to Zaste’s house to drop off the clothes he’d worn and the knife he’d used to commit a murder.

“That is just totally incredible,” Cole-Wilson said.

What’s more incredible is Ms. Knight, who was with Elliott, wasn’t called to contradict the story, giving the jury no reason to doubt Zaste’s testimony.

“The fact that Patrick Zaste’s testimony,” Cole-Wilson continued, “went unchallenged, un-contradicted by Priscilla Knight who told Ms. Thompson ‘we never went there’ — Ms. Thompson didn’t even bring it up in her closing argument. Maybe she felt the case was going so well she didn’t need it. But that one omission added so much to the ‘guilty conscience’ argument made by prosecution that that alone is enough to grant the motion for a new trial.”

But there was more — lots more.

Another witness, Leanna Valesquez, was allowed to repeat some highly incriminating third-hand hearsay in front of the jury “which was completely inadmissible,” Cole-Wilson said, “and all Ms. Thompson would have had to do was ask for a sidebar to get it stopped.”

A sidebar is a brief meeting with judge where the jury can’t hear what’s being said about the legality of admitting evidence and testimony. But Thompson did not object to the incriminating testimony, vague as it was.

Ms. Valesquez had said that Derek Elliott told her that Sam Billy had told him it was Coke [the defendant] who had stabbed him. Derek Elliott didn’t say any of this when he testified — he hardly said anything.

“There should have been some clarification. Ms. Thompson should have asked to approach the bench. That is the prudent thing to do, and it is not that uncommon.”

So now we had Ms. Valesquez’s third hand hearsay blurted out in open court as if it were perfectly credible when it should have been perfectly inadmissible.

“Yes, Ms. Thompson did object,” Cole-Wilson admitted. “The objection was sustained, the statement stricken from the record and the jury admonished to dis­regard it. But you can’t un-ring the bell and that, your honor, was strong frigging stuff. Some things can’t come un-stuck, and this was one of them. And it all could have been avoided by Ms. Thompson. As I’ve said before, I respect Ms. Thompson. But when we make tactical mistakes we get to go home. Our clients do not.”

Ms. Cole-Wilson also went over the testimony of the witnesses: Isaiah Valesquez, a seven-year-old boy, who couldn’t remember much of what happened that night; David Primo, an ex-con from Oklahoma who testified only to avoid being extradited to face outstanding war­rants back home; and Bettina Torres, a friend of the vic­tim.

None of these witnesses, except the boy, claimed to have seen Coke Elliott attack Sam Billy, and many peo­ple were amazed that the jury had taken the word of such a young witness.

It was Ms. Cole-Wilson’s point that eyewitness testimony must be corroborated by forensic evidence, which wasn’t done in this case. She pointed out numerous cases where eyewitnesses had fingered somebody for a crime and DNA or other evidence had proved eyewitnesses wrong.

“A defendant is mandated to have a fair trial by competent counsel, so when you have this testimony by these witnesses and it is not corroborated by forensic evidence and then you put in the errors made by counsel, prejudicial mistakes, the only conclusion is that my client was not given the trial he was entitled to.”

Deputy DA Rayburn Killion quietly said that there was sufficient credible evidence to convict Elliot.

“It was what it was,” Killion said flatly. “It would be nice if this were like CSI on TV and the forensic evidence was more conclusive. But we had the testimony from Isaiah Valesquez [the child]. The court talked to him beforehand and found him competent to testify. He didn’t try to exaggerate, he stayed with what he saw. He said he saw Coke punch Sam Billy and then run off. I’ll admit that David Primo is an unsavory character, but all we told him is that we wouldn’t send him back to Oklahoma; he’s still facing those warrants there. The implication from defense is that all these people had lied. But there’s no reason David Primo had to lie. Sure, Sam Billy was his cousin, but why would he pick this defendant? Bettina Torres testified that she came out later when Sam Billy was already on the ground. Patrick Zaste said his testimony was extremely reluctant. He didn’t come forward, but was contacted by the police. The other point is that, why would he make up such a story about Coke Elliott coming in and taking his clothes? I’m not going to make a lot of hash about the knife. It wasn’t really the People’s contention that that was the murder weapon anyway. Like I said, there was no reason for Patrick Zaste to make up that story. It’s too far-fetched to even make something like that up. As far as the part about Linda Thompson’s representation, she was pretty clear on the stand: It was a tactical and strategic decision not to call Priscilla Knight. As far as the mention by Deputy Goss that the defendant was on parole – it was just a quick mention that that was how they got his address. It was never a ‘propensity argument’ as defense suggests; we were never arguing that because he’d been to prison he had the propensity to commit the crime. There’s the argument that prejudicial evidence shouldn’t come into a trial, but the only question is if that out­weighs its probative value. You have to look at what was made of it; it came out real quick, and it wasn’t emphasized.”

Deputy DA Killion looked at his notes. Even though he had said he wouldn’t “make any hash” over the knife, he proceeded to do so. The knife found with Elliott’s clothes was only one and a half inches, whereas the wounds in the victim were five and a half to six inches deep.

Killion said, “The defense expert at the trial, Dr. Haddix, was convinced that it would be impossible for that knife to make the fatal wounds. She was pretty much stuck on her own opinion, which is kind of silly. Given enough force anything can go that deep.”

Killion pointed out that his own expert, Dr. Trent, had a different opinion, that the knife could indeed have been the murder weapon.

“Leanna Valesquez’s testimony,” Killion said, “about what Sam Billy may have said to Derek Elliott while he was on the ground was a surprise to me as well. There’s times in a trial when we’re all surprised. But it was stricken, and the court admonished the jury that they were to disregard the statement. As far Derek Elliott’s testimony, he hardly said anything on the stand.”

Killion summed up by asserting, “Taken as a whole, I think the evidence is sufficient to find that Timothy Elliott did kill Sam Billy.”

Ms. Cole-Wilson wasn’t finished. She pointed out that the only bit of forensic evidence that was found, a spot of blood on Elliot’s shirt, excluded her client as the perpetrator. Moreover, she said, “When Isaiah said he saw the two men, the person he said was Coke would have had his back to him — to Isaiah. Isaiah didn’t know my client very well at the time, and when this person ran, Isaiah would have only seen him in profile, in a matter of seconds.”

The boy had been looking out his second story window when the late night stabbing occurred.

Cole-Wilson addressed the other points Killion had raised. “I did not claim the witnesses were all liars. I was talking about what was credible and what should have been presented. That’s why Priscilla Knight’s testimony would have been so crucial, along with the lack of forensic evidence. I said that Leanna Valesquez’s testimony was inadmissible, and Deputy Goss’s statement about my client being on parole should have been inadmissible, and it highly affects the outcome, especially in light of the fact that David Primo had said my client had just got out of prison. Everyone wants to minimize what Goss said, but taken together, these two statements solidify in the jury’s mind that my client had the propensity to commit this crime.

“The trial court,” she concluded, “is not to sustain the jury’s decision, but to independently review the trial and see whether mistakes were made.” She quoted some case law on tactical and strategic decisions before asserting, “No reasonable person would have made a tactical or strategic decision not to call Priscilla Knight. And I would ask the court to find that my client is entitled to a new trial.”

Judge Richard Henderson considered the presentation and said, “I’ll go back and review the entire trial and I’ll submit a written decision. And I’ll try to get it out as quickly as I can.”

A lawyer loitering nearby noted that no Superior Court in California has ever granted a new trial.

* * *

HENDERSON SUBSEQUENTLY denied the new trial application and the Elliott case went into the appeal process which prompted the recent coverage by Ms. Revelle which coyly began, “At issue: Did Mendocino County Public Defender Linda Thompson make a mistake?” In fact, she made many of them in the Elliott case alone. Dr. Trent made a couple of his own, too.

========================================================

ACCORDING TO AN ALARMING REPORT on a website called:

http://topinfopost.com/2013/05/28/russia-warns-obama-monsanto

Obama has licensed Monsanto to kill most of the world’s bee population and Russian President Vladimir Putin is stinging mad about it. So is the European Union which has banned the Monsanto (and other similar) pesticide because they’re convinced that neonicontinoid pesticides are killing the birds and the bees — and perhaps life itself if food supplies decline as a result. Putin even thinks there could be a world war over food if it gets really bad.

========================================================

STOCKTON’S MATTHEW DAVIES — an entrepreneur and father of two in his 30s — has agreed to a plea bargain that will allow him to serve five years in federal prison for operating medical marijuana facilities.

Davies & Family

Davies & Family

This is a horrible waste of human capital and taxpayer funds. I know. Davies should have known that when he opened his dispensaries that the businesses were in violation of federal law. But as I wrote in January, Davies’ biggest mistake was believing Obama — and not understanding the Obama Department of Justice’s mixed message on medical marijuana enforcement.

Like a lot of Californians, Stockton businessman Matt Davies, 34, expected that when Barack Obama was elected in 2008, the new administration would not prosecute medical marijuana dispensaries operating under a law passed by California voters in 1996. After all, as a candidate, Obama contended that he saw federal enforcement against medical marijuana as a waste of resources.

On Oct. 19, 2009, Deputy Attorney General David Ogden released a memo that instructed the Department of Justice not to focus federal resources “on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana.” Davies took that memo as a green light to join the “green rush” and use his MBA expertise to run a taxpaying enterprise to distribute what he refers to as “medicine” to sick people.

Now that he faces a minimum sentence of seven years in prison if he pleads guilty, the father of two understands that he should have read the memo more carefully. “Looking back and reading that now, you can drive a Mack truck through that,” Davies told me in a meeting with his wife Molly and attorney Steven Ragland. In fact, the Ogden memo clearly stated that Obama’s Department of Justice would consider “prosecution of significant traffickers of illegal drugs, including marijuana” to be a “core priority.”

Ah, but the heart wants what the heart wants. Davies says his grandfather died a painful death from stomach cancer. He wanted to help others avoid excruciating pain.

But he also had seen people run dispensaries the wrong way – for example, not paying their fair share of taxes – and he thought his experience running a bistro and property-management firm would enable him to show how medical marijuana dispensing could be done right. It clicked. “It was that whole Silicon Valley culture,” he recalled. His workers felt they were “part of something.”

Unsympathetic readers are free to point out that Davies flouted federal law and he only has himself to blame. OK. Still, Davies started businesses that complied with California law, he paid taxes, he hired people and now he’s going to prison for five years. He’s going to prison for five years — that’s five years of existence subsidized by taxpayers, five years when he won’t see his wife and daughters, five years when he won’t be hiring workers and five years when he won’t be paying taxes. Everyone loses. (Deborah J. Saunders. Courtesy, the San Francisco Chronicle)

========================================================

Burdek

Burdek

IT COULD HAPPEN HERE! An Oregon man has been arrested after he tried to blow up a sign outside a state building in Oregon because it was spelled wrong. Leonard Burdek, 50, of Salem, walked into the Teacher Standards and Practices Commission office on Wednesday with a pressure cooker and announced he had failed to blow the irksome billboard. The sign near the parking lot spells out the agency’s name in blue letters, but there was a “d” missing from the word “and” so that it reads: “Teacher Standards an Practices Commission.” Burdek put the pressure cooker, which had wires sticking out of it, on the counter of the reception when he entered the building around 9am. He told the receptionist and Executive Director Vickie Chamberlain that he had intended to blow up the sign with his homemade bomb, but that it had not worked. He added that the instructions he had downloaded to make the device had also been littered with wrong spellings. He told the staff at the center — where people fill out their licenses to become teachers — that they should be concerned with the level of education children were receiving. When Burdek saw Chamberlain motioning with another member of staff to call police, he left with the pressure bomb. After he left, the staff immediately locked the doors of the building. About an hour later, staff later spotted him in his car and called authorities again. He was charged with disorderly conduct. Lt. Dave Okada said the pressure cooker did not turn out to be a bomb and said that it appeared the man was just trying to get attention. Homemade pressure cooker bombs were used in the Boston Marathon bombings on April 15, killing three people and injuring more than 200 others. But Chamberlain said she was too focused on potential immediate danger to make the connection. “It’s kind of like a car wreck where it’s happening to you but you aren’t processing it,” she said. “I think it’s one of the scariest things that we’ve had happen here.”

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NOTE TO JOHN KERRY

GET ISRAELI PEACE LEADERS BEFORE CONGRESS

By Ralph Nader

The new Secretary of State John Kerry taking four trips to the Israeli/Palestinian region in the past two months means yet another U.S. effort for a negotiated peace process between the Palestinians (under ruthless occupation) and the very dominant Israelis. Why should the prospects be any better than the failed attempts by the esteemed former Senator George Mitchell, and his predecessors?

As senator with a “grade A” from the powerful pro-Israeli government lobby AIPAC, Secretary Kerry has forged a coalition of Israeli and Palestinian businessmen behind a $4 billion economic assistance plan for the West Bank and Gaza. He is also tapping into the significant Israeli public opinion behind a two-state solution.

Israeli Prime Minister Benjamin Netanyahu is outwardly going through the motions of supporting peace negotiations but demands preconditions and no cessation of expanding Israeli colonies in Palestine. Netanyahu knows how to play the U.S. government like a harp. He talks about negotiations for peace, but remains intransigent.

Back in 1996, he told an applauding joint session of Congress that Israel’s mature economy would no longer need U.S. foreign aid. Today, Israel is a prosperous, bigger economy but is still receiving U.S. foreign aid.

Kerry’s trump card is recognizing the long neglected specific peace offer by the 22-member Arab league in 2002. These Arab countries have renewed and updated their proposal to make it easier for Israel to accept. It includes a comprehensive peace treaty with all Arab nations and Israeli recognition of a Palestinian state within the 1967 borders, with minor land swaps. Netanyahu has given this offer the back of his hand despite its highly-publicized reiteration in the ensuing years. But this year, Israeli President (an honorific post) Shimon Peres highlighted the verbal Israeli government endorsement of a two-state solution and urged that “a broad structure of support be created for making progress.”

The problem is that almost nobody in Israel – hawks, peace advocates, or those in the middle – believes anything will come out of Kerry’s shuttle diplomacy.

Here are some reasons why. There is no pressure on Netanyahu’s governing coalition to wage peace. As Ethan Bronner, long-time The New York Times reporter in Israel, wrote this past Sunday: “Israel has never been richer, safer, more culturally productive or dynamic.” He might have added that, with huge natural gas finds offshore, Israel is about to be both self-sufficient in fossil fuels and a net exporter.

Nor is there any pressure that Netanyahu recognizes from the Palestinian/Arab side. Palestinians are continually subjugated, impoverished, divided internally and on the losing end of the casualty toll by a ratio exceeding 400 to 1. Israel can strike targets in Palestine at will.

Arab nations are internally preoccupied with civil wars, sectarian conflicts and, except for the Gulf countries, weak economies. Israel, with the most modern military, heavily furnished by the United States, and scores of ready nuclear bombs, stands astride the Middle East as a giant colossus.

The main reality in Israeli domestic politics is that, if it weren’t for external threats, however exaggerated, the Israeli government and society would have to face very deep divisions inside Israel between secular and ultraorthodox populations. From expanding the colonies in Palestine to strict religious rituals and social mores, exemptions from military service, the place of women, and the treatment of the Israeli Arabs, there are two Israels that are ready to erupt were peace to break out with Palestine and Arab neighbors. (See http://www.seruv.org.il/english/combatants_letter.asp.)

Faced with this harrowing prospect of domestic civil strife, Netanyahu’s government feels no urgency for peace, according to Bronner. The regional status quo is under control of its iron fist.

Many out-of-power Israeli politicians, such as former Prime Minister Ehud Olmert, and former Deputy Prime Minister Dan Meridor, have all argued for vigorously pursuing a two-state solution to head off Israel becoming a state that, in a few decades, contains more Palestinians than Israelis. The militarists, however, are the ones running the government.

Moreover, Kerry cannot expect any pressure from Washington on the Israeli government, because Washington, especially Congress, always goes along with the Israeli government, to such a degree that it astonishes opposition parties in the Israeli Knesset.

Make no mistake about Netanyahu. He is and has long been a vintage extreme hardliner against any Palestinian sovereignty. In 1989, after the Tiananmen Square massacre in China, Netanyahu, then Israeli Deputy Foreign Minister, told students at Bar Ilan University that: “Israel should have exploited the repression of the demonstrations in China, when world attention focused on that country, to carry out mass expulsions among the Arabs of the territories.”

Eviction and the expropriation of what is left of the original Palestine has long been the dogma of Israeli militarists and leaders of the expansionist Likud Party, including Ariel Sharon.

The award-winning Israeli documentary “The Gatekeepers” (http://www.thegatekeepersfilm.com/) presents six retired leaders of the Shin Bit – the Israeli FBI – speaking with remarkable candor about how rational actions, including those toward peace, were continually overruled by politicians who exploited the Israeli-Arab conflict for their own domestic advantage.

So, what is our Secretary of State to do? Kerry should propose that these men and other prominent retired outspoken leaders from the military, security, and elected political leaders, together with well-known writers and scholars testify at length before the U.S. House and Senate. AIPAC cannot stop them from testifying. Congress and the American people will be given an opportunity to hear these experienced, persuasive voices for a peace settlement.

After all, peace in the Middle East is more in the U.S. national interest and security than ever before. Americans are paying too hefty a human and financial price to allow a muzzled Congress to stay on bended knee, supporting whatever the Israeli government wants.

Such a breakthrough on Capitol Hill will also enhance the Israeli peace and human rights movement which reflects the moral dimension for ending the occupation/colonization of Palestine.

In a recent pamphlet by Americans for Peace Now and its counterpart in Israel, Rabbi Michael Melchior, a former Israel deputy foreign minister and member of the Knesset, declared that “to occupy and control the lives of millions of Palestinians living in Judea and Samaria, and to negate their right to create their own state and future in peace, side by side with the State of Israel is not just, is not moral, and is not Judaism.” (See www.peacenow.org.)

In May 2004 Senator Kerry told me “I have many friends in the Israeli peace movement.” It is time for him to begin the mission for peace in his old haunt the U.S. Congress, without which he will share the decades-long failure of those who came before him in both Republican and Democratic Administrations.

(Ralph Nader is a consumer advocate, lawyer and author of Only the Super-Rich Can Save Us! He is a contributor to Hopeless: Barack Obama and the Politics of Illusion, published by AK Press. Hopeless is also available in a Kindle edition.)

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SUMMERTIME And The Art-Making Is Easy At The C.V.Starr Center! Announcing 1st Summer Edition Of Starr’s Open Art Studio Sign-Up: Beginning Monday, June 10, at C.V. Starr Center, 300 So. Lincoln at Maple, Fort Bragg for Starr’s Open Art Studio, Summer Edition #1 (of 2) Please sign up as soon as you can on June 10, or soon after, as our classroom has limited space for 12. Sign-up as an early bird and get in! Class Dates, Meetings, and Time: This class begins Monday, June 17, meets on Mondays and Wednesdays only, from 1:30PM to 3:30PM, and ends on Wednesday July 10. Instructor/Guide: Linn Bottorf, BFA, MFA, Cost : $50 Ages: 18 and up. Start enjoying your Summertime fun by joining a super group of artists, from beginners to vets, making unique and fascinating new artworks. Ours is a serious but fun bunch who share ideas, concepts, imagination, and visions together with all types of art. No experience is necessary, and we encourage fun! You’ll make new friends, develop new ideas, and new worlds will open up for you! Each student will get individual attention and encouragement. I guide each person one-to-one and let them guide me to themselves and their artwork. We all enjoy this type of learning and doing. Bring a large bag with your art supplies to class each day, and any materials with which you like to work. About Linn Bottorf: An Instructor at College of the Redwoods from 1985 to 1996, Linn also taught in the Chicago area and has studied with Stan Brakhage (film), Fairfield Porter, Nathan Oliveira, and David Hockney (all are artists of note), taught art history, and taken CR students on field trips down to the great art museums of San Francisco. Linn was also Exhibits Director at Fort Bragg Center of the Arts (upstairs at The Company Store [Daly's]) from 1991 to 1996, and also taught 2 sections of Art Appreciation for Honors Students [getting college credits] at Fort Bragg High School in 1996. “Linn Bottorf offered me what, as a student, one most wants – intelligent, cogent, and entirely engaging new fresh eyes to see the world as an infinitely changing one where I could capture the world in infinite ways, thanks to his skills, so wonderful to impart and share with his students. Teachers like this one are rare and few. This man is a teacher.” — Barbara Nerney. For More Information: Call Linn at 964-0511 before 7PM, or call CV Starr Center at 964-9446, or e-mail linn@mcn.org

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RABIES VACCINE CLINIC AND ONE DAY DOG LICENSE AMNESTY — On Saturday June 15 Mendocino County Animal Care Services, a program under Health and Human Services Agency, will hold a one-day Dog License Amnesty Program in conjunction with a low-cost rabies vaccine clinic at the Ukiah Shelter at 298 Plant Road. This “one-stop shopping” opportunity will allow County residents to bring their dog license up to date and, if necessary, have their dog vaccinated against the rabies virus. All dogs over 4 months of age are required by Mendocino County law to have a current rabies vaccine and have a dog license. All penalties for expired licenses will be waived if the animal is registered on June 15. Unfortunately, dog owners who have received a citation from Animal Control for failure to have a current license will not be eligible to participate in the Amnesty Program. License fees are $25 for altered dogs and $55 for un-altered dogs. Cats are not required to have licenses but a rabies vaccine is strongly recommended. Cats must come to the vaccine clinic in a secure cat carrier and dogs must be on leash. The low-cost rabies vaccine will be offered for dogs or cats on Saturday, June 15, from 10:00 a.m. until 2:00 p.m. The cost of the rabies vaccine will be $6.00. Low-cost micro-chipping will also be available during this time for just $10. This service, which includes registration of the chip, can be a vital tool in helping a lost pet get home. For questions please call the Ukiah Shelter at 463-4427.

Mendocino County Today: June 3, 2013

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GRATIFYING to see Point Arena squeeze by visiting powerhouse Ferndale in a North Coast Section playoff game at Point Arena two Saturdays ago. Justin Sundstrom slid across home plate with the winning run for a dramatic 10th inning victory for PA, 4-3. Point Arena then played Tomales for the regional small school championship but fell to their Marin County hosts, 5-3. Point Arena is coached by Trevor Sanders.

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RAN INTO an old gyppo logger the other day who had a few things to say about the Mendocino Redwood Company. MRC now owns what used to be L-P’s vast Mendocino holdings. “G-P was a lot harder on the land than L-P,” the logger commented, “and MRC’s Habitat Conservation Plan they just got for 80 years is way too long.  But there’s not enough inventory information in an HCP to seriously review so they can cut at whatever rate they want, and they will to get their money back from their investment.”

MENDOCINO REDWOOD is owned by the Fisher family of San Francisco where various of them are often found on the society pages. The Fishers also own The Gap clothing chain.

“PEOPLE are being bamboozled by MRC’s public relations. MRC is very good at PR, with lots of nice words about sustainability and habitat, but on individual THPs, they’re cutting more percentagewise than L-P did, which was under stricter CDF review back then,” he said. “MRC controls the mills and thereby the price they pay and thereby the timber yield tax which has not increased much because the tax is based on the (lower) price at the mill. Also, MRC pays on net; whereas L-P paid on ‘adjusted gross,’ which means more trees are cut but fewer are counted as millable after deducting for flaws, fire damage and breakage. There’s less forestland available to cut now because of set-asides, setbacks and formerly blitzed areas. But on the areas they do cut, they’re hitting them very hard. Certification is a joke. The Fisher family has connections with the certification outfits from their National Resources Defense Council days.” (As Will Parrish has also pointed out.)

THE LOGGER added, “CDF is understaffed and is doing fairly light review both before and after Mendocino Redwood’s THPs (timber harvest plans) because they believe the hype and they are focusing more on smaller landowner THPs. MRC (and their sister company HRC in Humboldt County) controls most of the major milling capacity on the north coast and they can set their own prices and acceptability standards.”

MRC OWNS 229,000 Mendo acres. They certainly are good at public relations. The company invites interested persons onto any area of their holdings for a first-hand look. Our overall impression is that they are backing up their pr with sound practices on the ground, but an operation as large as MRC is bound to be under-regulated, and government agencies anymore are much more likely to back off the big guys while holding the little guys to strict account.

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LATELY, even our first class mail is taking three days to get from Boonville to Frisco. Most weeks, the AVAs dispatched Wednesdays in Boonville get to San Francisco the following Monday or Tuesday. The rest of the country? Like, whenever dude, maybe a week, maybe a month. No, I don’t think we’re being singled out for deficient service. It’s both a sign of the times — mass, relentless incompetence at all levels of American life — and the deliberate strangulation of all government services by elected loons who don’t think the government should do anything for anybody, including mail delivery. The same government gets a blank check for knocking off Arabs, however, and whoever else gets in the way of corporate imperialism.

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THE PRESS DEMOCRAT announced Saturday that they’d “won a dozen awards, including five first-place plaques, in an annual journalism contest held Saturday in Foster City by the San Francisco Peninsula Press Club.”

THE NARCOLEPTIC DAILY reported in April they’d won ten awards, one of them for “general excellence,” from the California Newspaper Publisher’s Association.

THAT’S TWO MONTHS in a row their Santa Rosa excellencies have returned to the Rose City with a trunkload of journalo trophies. Over the years, the paper has amassed thousands of plaques and recycled golf trophies re-inscribed “Press Democrat.” Where do they put them all?

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Villagomez

Villagomez

LUHE ‘OTTER’ VILLAGOMEZ, 19, of Ukiah and Windsor, famously survived a 2011 leap off the Golden Gate Bridge with minor injuries. Now a student at Santa Rosa JC, last week Villagomez was interview by college classmates: “I was on a field trip with my class. We were going to walk across the bridge as a kind of end of year thing. When we got to the beginning of the bridge it was like, you know what, that would be cool to jump off the bridge. I used to jump off bridges every day of the summer when I lived in Folsom. At the little rest stop I talked to my friend. I think I’m going to jump off the bridge. I’m like, alright, here. Hold my stuff. Climbing on the rail they’re like freaking out, grabbing me but not really. I climb down onto this I-beam, standing there holding onto the cable, looking back and it’s like, ‘Just go for it.’ Once I started going over the railing, it was like, ‘Alright, yeah, I’ve got this.’ It definitely (felt) like forever, even though it was like 6 or 7 seconds. You jump and are just floating there for a second looking at the horizon. Halfway down you just start going way faster. It wasn’t painful, like getting hit by a truck, but it didn’t hurt.”

FRED LE COUTURIUER, 55, to the rescue. He was surfing under the Bridge when he saw Villagomez jump.

VILLAGOMEZ: “The dude pulled up cussing at me. ‘Why the hell did you do that?’ ‘Just for kicks,’ (I said), trying to like keep afloat.”

Interviewer: “Would you have made it if the surfer wasn’t there?”

Villagomez: “No, probably not. They say the surfer saved me, but really I was like, on there. He told me to climb up, and I’ve always wanted to surf so I was like trying to catch the wave. I don’t know what I was thinking. He’s like, ‘What are you doing?’ Then he starts taking off my shoes and lets them float away. ‘Alright, get off, swim to the left,’ he said. I get tired, don’t think I can make it. ‘Swim to the left,’ he says, so I go to my backstroke. Then I’m being lifted up into the ambulance. I got a broken tailbone. They say I got a punctured lung, but I didn’t really feel that. It cleared up in like two days.”

Interviewer: “Did you have high medical bills? What were the consequences through the school?”

Villagomez: “Definitely lots of zeros, and just a five-day suspension. I don’t think they even have anything in the books for that, except disobeying, not being with the group.”

Interviewer: “What would you say to others?”

Villagomez: “Naw, Don’t even try it. If they asked me and then they got hurt, I would feel like I was responsible.”

VILLAGOMEZ MAY HAVE BEEN SAVED by a series of coincidences that weakened his impact, according to physics professor James Kakalios of the Univ. of Minnesota. Professor Kakalios calculated that the teenager would have been travelling at 80mph when he hit the water. However, air resistance could have cut that to 40 or 50mph. The boy was described by the surfer who rescued him a being “built like a wrester,” which would help increase air resistance, Professor Kakalios added, especially if he had managed to twist his body in the air. “Instead of falling feet first, you rotate your body by 90 degrees so you’re prone to the water,” he said. “Then, at the last minute, you want to rotate yourself back up so you slice the water, lessening its resistance.” Reports of strong winds and San Francisco’s famous fog could also have slowed his descent by creating more resistance. And the presence of a surfer suggests that the water was choppy and so less solid, another lucky factor.

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MENDOCINO SPRING POETRY CELEBRATION

“Whitman said, “To have great poetry, there must be great audiences.”

All friends of the lively word are invited to the Mendocino Spring Poetry Celebration at the Hill House in Mendocino, Sunday, June 9.

There will be two open readings. Sign up at noon for the reading at 1:00 PM. Sign up at 6:00 for the reading at 7:00 PM. Prepare four minutes for each round—of your own work, or of others.

Refreshments and fellowship, open book displays. Contributions requested. Music: Richard Cooper, bass.

This will be the 38th Anniversary celebration of Spring marathon readings here, and the eight consecutive revival. The event attracts the best work from the north counties and beyond, typically with forty and more poets and writers. It’s also an encouraging opportunity for new voices.

All poems read at the Spring celebration will be considered by Dan Roberts for broadcast on KZYX&Z.

For information contact Gordon Black at (707) 937-4107 or gblack@mcn.org.

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HOUSE PANEL: REPORT FINDS $50 Million FOR IRS CONFERENCES

By Alan Fram

A government watchdog has found that the Internal Revenue Service spent about $50 million to hold at least 220 conferences for employees between 2010 and 2012, a House committee said Sunday.

The chairman of that committee, Rep. Darrell Issa, R-Calif., also released excerpts of congressional investigators’ interviews with employees of the IRS office in Cincinnati. Issa said the interviews indicated the employees were directed by Washington to subject tea party and other conservative groups seeking tax-exempt status to tough scrutiny.

The excerpts provided no direct evidence that Washington had ordered that screening. The top Democrat on that panel, Rep. Elijah Cummings of Maryland, said none of the employees interviewed have so far identified any IRS officials in Washington as ordering that targeting.

The conference spending included $4 million for an August 2010 gathering in Anaheim, Calif., for which the agency did not negotiate lower room rates, even though that is standard government practice, according to a statement by the House Oversight and Government Reform Committee.

Instead, some of the 2,600 attendees received benefits, including baseball tickets and stays in presidential suites that normally cost $1,500 to $3,500 per night. In addition, 15 outside speakers were paid a total of $135,000 in fees, with one paid $17,000 to talk about “leadership through art,” the House committee said.

The report by the Treasury Department’s inspector general, set to be released Tuesday, comes as the IRS already is facing bipartisan criticism after agency officials disclosed they had targeted tea party and other conservative groups.

Agency officials and the Obama administration have said that treatment was inappropriate, but the political tempest is showing no signs of ebbing and has put the White House on the defensive.

Three congressional committees are investigating, a Justice Department criminal investigation is under way, President Barack Obama has replaced the IRS’ acting commissioner and two other top officials have stepped aside.

The Treasury Department released a statement Sunday saying the administration “has already taken aggressive and dramatic action to reduce conference spending.”

IRS spokeswoman Michelle Eldridge said Sunday that spending on large agency conferences with 50 or more participants fell from $37.6 million in the 2010 budget year to $4.9 million in 2012. The government’s fiscal year begins Oct. 1 the previous calendar year.

On Friday, the new acting commissioner, Danny Werfel, released a statement on the forthcoming report criticizing the Anaheim meeting.

“This conference is an unfortunate vestige from a prior era,” Werfel said. “While there were legitimate reasons for holding the meeting, many of the expenses associated with it were inappropriate and should not have occurred.”

Issa’s committee also released excerpts from interviews congressional investigators conducted last week with two IRS employees from the agency’s Cincinnati office. The excerpts omitted the names of those interviewed and provided no specifics about individuals in Washington who may have been involved.

One of the IRS employees said in an excerpt that they were told by a supervisor that the need to collect the reports came from Washington, and said that in early 2010 the Cincinnati office had sent copies of seven of the cases to Washington.

The other said “all my direction” came from an official the transcript said was in Washington.

One of the workers also expressed skepticism that the Cincinnati office originated the screening without direction from Washington, according to the excerpts.

Appearing Sunday on CNN’s “State of the Union,” Issa said this conflicted with White House comments that have referred to misconduct by IRS workers in Cincinnati. Without naming White House spokesman Jay Carney, Issa said the administration’s “paid liar, their spokesperson” is “still making up things about what happens in calling this local rogue.”

He added, “This is a problem that was coordinated in all likelihood right out of Washington headquarters and we’re getting to proving it.”

In briefings with reporters, Carney has not referred to the Cincinnati IRS office as “rogue.”

“He’s good at throwing out outlandish charges but it’s unclear what he’s saying he lied about,” White House spokesman Eric Schultz said of Issa’s remark.

Cummings said Issa’s comments conflicted with a Treasury inspector general’s report that provided no evidence that the Cincinnati office received orders on targeting from anyone else.

“Rather than lobbing unsubstantiated conclusions on national television for political reasons, we need to work in a bipartisan way to follow the facts where they lead,” Cummings said.

The interviews with IRS employees were conducted by Republican and Democratic aides on Issa’s committee and also involved aides from both parties from the House Ways and Means Committee.

One of the employees was a lower-level worker while the other was higher-ranked, said one congressional aide, but the committee did not release their names or titles.

The IRS Cincinnati office handles applications from around the country for tax-exempt status. A Treasury inspector general’s report in May said employees there began searching for applications from tea party and conservative groups in their hunt for organizations that primarily do work related to election campaigns.

That May report blamed “ineffective management” for letting that screening occur for more than 18 months between 2010 and 2012. But that report – and three hearings by congressional committees – have produced no specific evidence that the Cincinnati workers were ordered by anyone in Washington to target conservatives.

The latest report on IRS conferences will be the subject of a hearing Thursday by the House Oversight and Government Reform Committee.

Werfel is scheduled to make his first congressional appearance as acting commissioner Monday when he appears before a subcommittee of the House Appropriations Committee.

According to congressional aides briefed by the inspector general’s office, the IRS did not formally seek competitive bids for the city where the agency’s 2010 conference was held, for the event planner who assisted the agency, or for the speakers.

The aides, who spoke on condition of anonymity to describe a confidential congressional briefing, said other benefits given to some attendees at the Anaheim IRS conference included vouchers for free drinks and some tickets to attend Angels baseball games.

Two videos produced by the IRS were shown at the Anaheim conference. In one, agency employees did a parody of “Star Trek” while dressed like the TV show’s characters; the second shows more than a dozen IRS workers dancing on a stage. The two videos cost the agency more than $50,000 to make, aides said.

The lecturer who spoke about leadership through art produced six paintings of subjects that included Abraham Lincoln, Michael Jordan, the rock singer Bono and the Statue of Liberty, the aides said. (Courtesy, the Associated Press)

Mendocino County Today: June 4, 2013

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HamburgClaimTitleSUPERVISOR HAMBURG has filed a damages claim against the County of Mendocino. The Supervisor and his attorney aren’t talking, and County Counsel Tom Parker will only confirm that the claim has been filed, but won’t reveal its particulars. Since it’s clearly public domain, the public has a right to know what the claim is for. We should know by tomorrow, but preliminarily we think it’s probably to get the County to pay Hamburg’s legal bills. By the time this thing is settled, the supervisor’s lawyer fees could be considerable.

PARKER MUST KNOW that the law is very clear on what he can sequester and what he can’t. “Claims against public entities under the Tort Claims Act (Gov’t Code Section 910 et. al.) have long been considered non-exempt public records under the Public Records Act. See Poway Unified School District v. Superior Court, 62 Cal. App. 4th 1496 (1998) (rejecting agencies denial of access to unsolved claims and holding that claims are public records not exempt from the mandatory disclosure provisions of the Public Records Act). The County Counsel’s Office may not control the timing of the release of a claim once it has been filed.”

NEXT STEP? The claim goes to the Supervisors where presumably, it will be denied.

HAMBURG’S ATTORNEY, Barry Vogel, filed suit in Superior Court Monday, citing, among other things, the state’s health and safety code, which says: “If the certificate of death is properly executed and complete, the local registrar of births and deaths shall issue a permit for disposition, that in all cases, shall specify any one of the following: (1) The name of the cemetery where the remains shall be interred; (2) Burial at sea (3) The address or description of the place where remains shall be buried or scattered (4) The address of the location where the cremated remains will be kept.”

SECTION (3) seems to suggest home burial can be permitted with proper registration and, as attorney Vogel’s suit filed Monday points out, there is indeed at least one strong precedent case in recent Mendocino County history, that of Jay Baker, a prominent South Coast man who is buried in a corner of Baker Town, his shopping complex in Gualala. Judge Vince Lechowick, then functioning as a Superior Court judge out of Point Arena, signed off on Baker’s last wish in 2001.

THE GIST of the suit Vogel filed for Hamburg, as stated in his introduction, is … “The facts and legal issues herein concern the right of an individual to be buried on privately owned real property where the public is not invited, welcome or expected. No public health or safety interest is at risk and no member of the public is harmed. No compelling governmental interest exists to abridge these rights and all legitimate governmental record keeping interests are protected.” Etc.

GIVEN THE BAKER PRECEDENT, and Vogel’s fundamental argument as stated above, I’d say Hamburg has a pretty strong case.

ALL OF THIS arose last month when it was revealed that Supervisor Hamburg had buried his wife on the Hamburg family property southwest of Ukiah. California law prohibits home burials.

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AssangeRECOMMENDED VIEWING: “We Steal Secrets: The Story of Wikileaks.” This fine documentary film told me more than I needed to know about the personal lives of these two great heroes of global transparency, Bradley Manning and Julian Assange, the two men who have brought down governments simply by revealing the crimes of these governments against their own people. And nothing they revealed about the murderous imperialism of our own government and our allies came as any surprise to most of us lib-labs, and most of us loath the subsequent persecution of both men, especially that of Manning who was held for nearly a year incommunicado in a Marine Corps brig and whose trial for treason began this week. He’ll never get out, and might even be executed if the psychos in our government have their way. Assange, the film tells us, has had major fallings out with several of his closest associates, by whom he feels betrayed, but whose betrayals Assange is unable to articulate. Those associates complain that he’s become impossibly secretive, thus negating his entire life’s purpose, which has been No Secrets. For me, the most interesting moments of the film, which seemed to me to dwell a little too much on Manning’s sexual confusion, were the interviews with the two women who have famously accused Assange of sexually violating them. They have been universally reviled as everything from prostitutes to CIA lures, and their lives have been repeatedly threatened. But they aren’t undercover doxies. Or even doxies. They are everyday liberal women who admired Assange and his work and genuinely liked him. But Assange apparently forced one into unprotected sex and with the other he seems to have deliberately torn the prophylactic. The film says he has four children stashed around the world, implying that Assange may have some weird compulsion to reproduce beyond the usual bourgie 2.2 children. Neither woman felt much like pursuing the guy but word got out, the Swedish police demanded statements from them, the media went crazy and, of course, the Building 7 brigades screamed “Frame-up” while the Fox News yobbos had already been demanding straight-up assassination of both Manning and Assange. The lives of the two women were destroyed as the tabloids printed their photos and even their home addresses. The film is by Alex Gibney who made the great “Enron: The Smartest Guys in the Room.” He’s done an honest job in “We Steal Secrets” but, of course, he’s already being reviled from every political direction and the film has only been out for a week. The audience I saw it with last Saturday at the Embarcadero Theater in San Francisco seemed more nonplussed than anything. I’m sure we’d all arrived with preconceived ideas about Manning and Assange, and the venue being Frisco those ideas would be overwhelmingly favorable. Nothing I learned at all diminished my admiration for them as political martyrs, but Assange comes across as pretty creepy.

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Hargis 2011, 2012, 2013

Hargis 2011, 2012, 2013

MELANIE HARGIS, 30, of Dos Rios, was arrested last week (apparently for the third time) for cultivation along with a fellow called Jedidiah Jones, 33 (also for the third time). Ms. Hargis is easily the most glamorous marijuana cultivator ever arrested in Mendocino County, and perhaps the most glamorous woman to appear in Dos Rios in our time.

Jones, 2011, 2012, 2013

Jones, 2011, 2012, 2013

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THIRD PARTIES SAY OPEN PRIMARY SYSTEM HARMFUL TO THEM — by Katie Orr, Capital Public Radio News

The Green, Libertarian and Peace and Freedom Parties have released an analysis showing California’s new open primary system is detrimental to the state’s smaller political parties. Under the new system the top two vote getters in the primary move on to the general election. The analysis finds smaller parties are finding it difficult to collect enough signatures to place a candidate on a ballot and don’t have enough money to pay filing fees in lieu of signatures. The parties argue they can’t attract new members if they don’t have candidates on the ballot. Their analysis found, in 2012, 72 percent fewer small party candidates ran for state office and 68 percent fewer ran for Congress compared to 2008, before the open primary was put in place.

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Lamberg

Lamberg

 

ON MAY 29, 2013 at 9:31pm the Mendocino County Sheriff’s Office received a call from a family member of Erik Lamberg of Sherwood Road, outside Willits. The family member stated Erik was experiencing difficulties with his vehicle when she last spoke to him on May 26, 2013 around 11:30pm. At that time Erik had his vehicle, a silver 2004 Honda Odyssey, towed to Laytonville when it broke down in Leggett. He had the vehicle repaired and stayed two nights at a local hotel in Laytonville at which time he phoned his family and said he was “fine.” The family has not seen or heard from Erik since. A missing persons case was taken and a “be on the lookout” (BOLO) issued to all northern California law enforcement agencies. Deputies later confirmed Erik’s vehicle was repaired by a local mechanic and he had stayed in the motel for two nights, but had checked out on May 28, 2013. On June 1, 2013 the Sheriff’s Office received a report of an abandoned vehicle approximately 20 miles west of Willits on Sherwood Road. Deputies responded and located Erik’s vehicle. It appeared the vehicle had gotten stuck in a ditch in the road and was abandoned. Search efforts around the vehicle were conducted but Erik was not located. The vehicle was towed to clear the road. The missing person is described as being 51 years old, 6’05″ tall, weighing approximately 200 pounds, having “sandy” blond hair and blue eyes. It is unknown what clothing he had on when he went missing. The family related that Erik may be experiencing mental health issues but has shown no violent tendencies in the past. The Sheriff’s Office is requesting anyone who has information or who might have seen Erik to contact the Sheriff’s Dispatch Center at (707)463-4086. (Sheriff’s Press Release)

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CATCHING UP WITH CRAIG — Dear postmodern Californians, I just spent a relaxing afternoon at San Francisco’s Ocean Beach, and then visited the meditation room at Love of Ganesh (owned by friends of India’s hugging saint Amma) on Haight Street, and then it was off to City Lights Bookstore. Ambled back down Grant Street through Chinatown on a sunny afternoon, to get to the BART train to return to Berkeley, and then a bus ride to return to Harrison House, a long term homeless shelter. Tomorrow night at 5PM, I have agreed to meet with a caseworker, to discuss my staying here longer and giving BOSS/Harrison House a percentage of my $359 social security retirement check. I do not want an entry level or temporary job in postmodern California, because that would be ridiculous for me due to extreme overqualification. Also, I do not want a hyper-inflated rental in the San Francisco bay area, because I do not value living here that much anymore, and I am not willing to pay an absurd amount of money for basic housing. I want cooperation to leave postmodern California! That is what I am asking for. Of course you must already know that I am willing to return to Washington D.C. for continued frontline radical environmental and peace & justice action…particularly I would like to work with documentary film makers now. What is NOT going to work out, is my being ignored. It is unlikely that I am going to just drop dead, so why don’t we all behave as though we are living in a spiritually mature society, and let’s get me out of the shelter, and then out of postmodern California, and relocated where I may be effective in opposition to the raw idiocy of digitalized consumerism, and its increasingly negative psychological effects on society. I recommend cultivating a spiritual life instead. That is what I am for! I want you to telephone Harrison House in Berkeley at 510-525- 4469 and tell my prospective caseworker Tonette Woodsen that we are all going to act in a spiritually intelligent manner together, so that my presence here in America is not wasted in a pointless continuance of residency in postmodern California. Hey, circumstances change, okay? I do not want to be “stuck in stupid” here. I am asking for your cooperation to insure that I am well- positioned in order to be valuable. Thank you very much, Craig Louis Stehr, craigstehr@hushmail.com. Mailing address: c/o NOSCW, P.O. Box 11406, Berkeley, CA 94712-2406. Blog: http://craiglstehr.blogspot.com

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ACOUSTIC KITCHEN on Friday, June 21 at Community Center of Mendocino — Four women of music will be featured at “Acoustic Kitchen, part 6” when Mendocino Stories and Music Series hosts Sarah Wagner, Juliet Strong, and “Sweet Moments of Confusion”. Music starts at 7:30PM on Friday, June 21 at Community Center of Mendocino, 998 School St Mendocino. Sarah Wagner, a veteran of operas and musical theatre, fell in love with the sweet sound of a ukulele. She enjoys playing covers of every genre of music and has begun to write her own. As “Sweet Moments of Confusion”, cellist Myra Joy and accordionist Diana Strong perform original instrumental compositions inspired by folk traditions from many corners of the world, particularly Northern and Eastern Europe. With a voice like butter and an array of original, bluesy melodies, Juliet Strong touches audiences with her depth of sound, unparalleled musicality, and lilting lyrics. Juliet’s high-energy fusion of folk and soul, accompanied by rhythmic piano and ukulele, provides a unique, and infectiously uplifting musical experience. Acoustic Kitchen is presented by Community Center of Mendocino in cooperation with Mendocino Stories and Music Series. Founded in 2012, CCM is a community-based nonprofit dedicated to cultivating a sustainable, vibrant, and inclusive community center by strengthening community input and encouraging broad participation by all age groups. A complete listing of current programs and rental opportunities is available at www.ccmendo.org. All ages welcome. Doors open at 7PM for snacks and beverages. $10 at the door, $5 for students. For more info on this event call Pattie at 937-1732 or visit www.mendocinostories.com/events_info.html Mendocino Stories & Music Series on June 22

MIXED NUTS. With a collection of swing, as well as Latin, calypso, jazz, and popular tunes, The Mixed Nuts will be featured in the Mendocino Stories and Music Series on Saturday June 22. As a special offering, Sunshine Taylor and Glenn Rude, dancers extraordinaire and dance instructors, will teach a beginning swing dance class at 7:30PM followed by dance music at 8PM. This fun event will be held at the Hill House Inn of Mendocino. The Mixed Nuts, an off-shoot of Kevin and the Coconuts, was originally the brainchild of Dan Albrecht who, in this group, plays piano and sings. He is joined by Steve Paul on trumpet, vocals, steel pan, banjo and accordion; Paul Schulman on congas; Daney Dawson on acoustic upright bass; and Tom Rickard on drums and percussion. All ages and levels of interest are encouraged. Doors open at 6PM with dinner menu and full bar. $20 for reserved seating, $15 at the door – includes dance lesson. For more info on this event call Pattie at 937-1732 or visit www.mendocinostories.com/events_info.html

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ED REINHART & THE BURNING SENSATIONS to Perform 1st Parducci’s Acoustic Café — Saturday June 15th, Parducci Winery’s Acoustic Café series will begin their highly popular concert series with Ed Reinhart & The Burning Sensations making the audience Boogie Till You Drop. The festivities start around 7:00 with gates opening at 6:00. General Admission is $14 and tickets are available at Parducci Wine Cellars tasting room, on 501 Parducci Rd. in Ukiah, by calling 463-5357, or online at parducci.com/Wine-Store/Event-Tickets. Food will be available throughout the summer from The Potter Valley Café and North State Street Café with part of the drink proceeds benefiting the Alex Rorabaugh Center (The ARC). Seating fills quickly so be sure to show up early enough to get a seat at 6.

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ANTICIPATION FOR WINESONG 2013 GROWS AS AUCTION LOTS AND ARTIST OF THE YEAR PAINTING ARE REVEALED. ALL THAT PLUS AWARD-WINNING WINE, SPECTACULARFOOD AND CHARITABLE GIVING AND YOU HAVE A STELLER EVENT! A BENEFIT FOR THE MENDOCINO COAST HOSPITAL, HELD ON THE BREATHTAKING MENDOCINO COAST

September 6th & 7th, 2013

Visit www.winesong.org for details

FORT BRAGG, CA. (June 3, 2013) – Winesong 2013 (www.winesong.org) continues to be the Crown Jewel of Northern California charitable events. First, the 29th Annual Winesong will offer guests the opportunity to get an insider’s view of Anderson Valley Pinot Noir on Friday, September 6th as Winesong and AVWA (Anderson Valley Winegrowers Association) present “An Anderson Valley Pinot Noir Celebration” hosted by the Little River Inn. On Saturday, September 7th, guests can stroll through the enchanting Mendocino Coast Botanical Gardens enjoying a spectacular array of wine and food from 100 highly acclaimed wineries and 50 top-notch Northern California restaurants. The spectacular wine celebration continues on into the Auction Tents for the always-entertaining Live and Silent Charity Auctions. Last years event raised $450,000 for the Mendocino Coast Hospital. “Wine, food, art and music lovers are helping position Mendocino County wines and our event with the top regions and events in California wine country,” noted Executive Director Jeri Erickson. Winesong celebrity chef, Bradley Ogden (who is back for a second year), is in the final phase of menu planning for this year’s world-class Live Auction Lunch with the help of local catering company, Karina’s Catering. The fabulous menu will be paired with award-winning Mendocino County wines. This prestigious event is sure to sell out as it is a unique opportunity to attend a weekend like no other. A celebration of wine, food, art, and music in a captivating setting! Winesong is also pleased to unveil Laura Pope, 2013 Artist of the Year’s painting created for Winesong 2013. Pope has worked as a woodworker, a silversmith, a painter, and used techniques from the three mediums in mixed-media sculpture pieces. She continually delights in exploring and inventing techniques while working with different materials. For 20 years she has participated in the Laguna Sawdust Festival and Laguna Festival of Arts with jewelry and painting. Her work has been in numerous galleries and museums in Southern California and Texas. In Mendocino, her work has been seen in North Coast Artists Gallery, Oddfellows Hall, the Mendocino Art Center, Highlight Gallery, Mendocino Jewelry Studio, the Miasa – Sister City Show, and other venues. There will be lively bidding for over 200 lots featuring spectacular wines from the most prestigious wine producers, rare and hard-to-find vintages, and special vertical and horizontal collections. Original paintings and art from highly acclaimed artists, vacation packages, and custom-made international wine getaway packages share the auction limelight. 2013 Honorary Auction Chairs Monty & Sara Preiser have created some exciting auction lots for Winesong. Here are some Hot Lot highlights: · Beverly Hills Magic: 2 nights at the Avalon Hotel in Beverly Hills, Dinner at AMMO Restaurant in Hollywood with Promise Wines owner and former President of ABC Entertainment, Steve McPherson, 6 Liter bottle of Promise wine, Tickets to Jimmy Kimmel Live accompanied by Steve McPherson, Photo-op and meeting Jimmy Kimmel, $750 cash to be used for air and airport transportation. · Be a Celebrity: A rare invitation for 2 people to sit with the judges of the American Fine Wine Competition in Miami for 2 days and taste the stunning wines that have been invited www.americanfinewinecompetition, 2 lunches and dinners with the judges, Dinner at an excellent restaurant and 3 nights lodging. 3 nights in a top New York Hotel, 1 Broadway show, 3 dinners with each including a special bottle of wine, Guest of CBS with VIP seats for the David Letterman Show, join announcer Alan Kalter for a personal tour of the set and have your photo taken at David’s desk in front of the New York skyline, along with a personalized song from Composer Paul Williams. January 16-21, 2014. Advanced purchase round trip airfare from any Continental US city to New York and Florida. An Anderson Valley Pinot Noir Celebration: Meet the Winemakers Friday, September 6, 2013 | 1 to 4pm This exclusive event features Pinot Noir from Anderson Valley and tastes of Little River’s finest culinary offerings. The focus of this celebration is to provide an exclusive opportunity to talk wine with the winemakers themselves in an intimate setting. Evaluate new wines and learn how classic Pinot Noir improves with age. Savor these lush and elegant wines while you meet and mingle with the winemakers at a seaside setting overlooking the spectacular Pacific Coast. Wine & Food Tasting in the Gardens Saturday, September 7, 2013 | 11am to 2pm Each year, in order to offer a wide array of wines, Winesong invites 100 highly acclaimed world-class wineries to preview their new vintages. With producers coming from such diverse regions as Mendocino, Napa, Sonoma, the Central Coast, Sierra Foothills, Oregon, Washington State, Italy, Chile and South Africa, the tasting is truly world-class and unprecedented in its sheer diversity. A wonderful variety of culinary fare is provided by more than 50 fine restaurants and food purveyors from Northern California. Wine & food enthusiasts can stroll through the botanical garden paths along the bluffs overlooking the majestic Mendocino Coast while sampling this bountiful fare and enjoying performances of musical ensembles throughout the gardens playing a variety of styles including jazz, folk, classical, zydeco and more! Silent & Live Auctions Saturday, September 7, 2013 | Silent: 11am to 4pm Live: 2pm-5pm There will be lively bidding on over 200 lots featuring spectacular wines and rare hard-to-find vintages from the most prestigious wine producers, original art from highly acclaimed artists, extravagant vacation packages, and custom-made international wine getaway packages. Bay Area celebrity Narsai David will serve as Master of Ceremonies. Chef Ogden will be creating the lunch for VIP ticket holders with the help of local catering company, Karina’s Catering. o VIP tickets with reserved seating at auction and Celebrity Chef Lunch, and access to wine and food tasting: $200.00 o General Admission Tickets with festival seating at auction and access to wine and food tasting: $100.00 o General AdmissionTickets for Anderson Valley Pinot Noir Celebration: Meet the Winemakers: $50.00 Winesong is produced by Mendocino Coast Hospital Foundation, a non-profit organization dedicated to raising funds for the Mendocino Coast Hospital. Its mission is to help the small rural Hospital provide the best possible medical care to residents as well as the many visitors to the Mendocino Coast. The Hospital Foundation has raised over $4.5 million in Winesong generated funds which has enabled the Hospital to purchase essential medical equipment and improve services. For more information and to purchase tickets visit www.winesong.org or call (707) 961-4688. # # # # Media contacts: Michael Coats (707) 935-6203 or michael@coatspr.com Paisly Marechal (707) 935-6203 or paisly@coatspr.com Winesong Contact: Susan Kelley (707) 961-4994 or susan@winesong.org

Mendocino County Today: June 5, 2013

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AS OF 3PM Tuesday afternoon, firefighters were having a heckuva time knocking back a grasslands fire in the area of milemarker 39, Yorkville. Breaking: The fire was knocked down shortly before 5pm before it spread. A great job by the Anderson Valley Fire Department, supplemented later by CalFire.

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CALTRANS is at last being subjected to a hard look. State Sen. Joel Anderson (R-Alpine) recently described Big Orange’s operations as “a continued pattern of abuse, theft and mismanagement.” A report from the independent state auditor’s office found that Caltrans employees had systematically falsified Bay Bridge safety reports, thereby jeopardizing people’s lives. And Governor Brown has announced an independent, system-wide review of the California Department of Transportation.

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Patient

Patient

MANBEATER OF THE WEEK: Michelle Patient, 35, and a man identified only as “her boyfriend of 8 months,” were having difficulties with their relationship last Saturday, apparently having become violently impatient with lover man.  A Fort Bragg 911 call said “a woman in a long trench coat was throwing pieces of wood at a man.” When the Fort Bragg Police arrived, Ms. Patient and her boyfriend said everything between them was absolutely harmonious. But a witness told police that Ms. Patient had smacked her love interest several times, pushed him over a guardrail, and had pelted him with pieces of wood. Officers determined that Ms. Patient was the primary aggressor and took her into custody.

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JESSICA CEJA is a junior at Anderson Valley High School where the school’s Junior Prom was held last Saturday night.  Jessica, a gregarious girl popular with her classmates, had previously bought a single ticket to the dance for $15, but when she arrived at the door of the gym where the Prom was held, Andrew Settlemire, a teacher at the school told Jessica she couldn’t come in because she was not dressed “appropriately.” It is true that some kids were togged out in tuxes and formal dresses, but it is also true that some weren’t. Boonville is Boonville, not the Marin Town and Country Club. Jessica was dressed as she always dresses, in a baggy sweatshirt and trousers. Formal dress is expensive, and Jessica wears what she can afford. Barred by the resolute Settlemire, Jessica asked for her money back which, after some back and forth with Settlemire, was finally returned to Jessica by Superintendent JR Collins. It wasn’t the money so much as it was the humiliation. To be turned away at the door of a Junior Prom isn’t an easy rejection for a teenager, but that’s what happened to Jessica Ceja.

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ON JUNE 3 at approximately 3pm Deputy Sheriffs from the Mendocino County Sheriff’s Office were detailed to investigate a trespassing case near mile marker 13 on Branscomb Road in Laytonville, California.  Deputies arrived and contacted private security officers (LEAR Asset Management) employed by a local timber company.  These officers had two men detained (Richard Geiger and Martin Scott) both being residents of the Laytonville area.  Deputies learned the security officers were investigating an illegal marijuana grow on the timber company property when they encountered the two men walking along a trail from the grow site.  One of the men, identified as Geiger, was armed with a loaded semiautomatic handgun in a shoulder style holster.  The men were detained by the security officers and Deputies were summoned to the area. A search of each person and a backpack in the suspect’s possession revealed approximately 26 grams of methamphetamine.  Deputies also located ammunition for a .38 caliber firearm on Scott’s person.  Scott is a convicted felon and on probation not to possess firearms or ammunition.  A search of the ground where Geiger and Scott had been originally detained by security officers revealed the presence of a loaded .38 caliber revolver.  Deputies learned Geiger and Scott had driven to the location in a vehicle which was parked along Branscomb Road.   A search of the vehicle revealed a billy club, an illegal weapon.  Geiger was arrested on charges of possession of methamphetamine for sales, possession of a dangerous weapon, and armed in the commission of a felony.  Scott was arrested on charges of being a felon in possession of a firearm, possession of methamphetamine for sales, and armed in the commission of a felony.  Both subjects were booked into the Mendocino County Jail and were to be held on $30,000.00 bail. (Sheriff’s Press Release)

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KENT STATE TRUTH TRIBUNAL’S statement addressed to the United States on May 30, 2013 in KSTT’s first consult related to our submission to the United Nations, Human Rights Committee http://bit.ly/10xZebQ, culminating in UN HQ Geneva, Switzerland in October 2013.  “Good afternoon, I am Laurel Krause for the Kent State Truth Tribunal and my sister Allison Krause was shot dead by U.S. military bullets at Kent State University on May 4, 1970 as she protested the announcement of the Cambodian Invasion in the Vietnam War long ago in America.   With regard to Allison’s death, and the three other American students killed on May 4, 1970, there has never been a credible, impartial, independent investigation into the May 4th Kent State Massacre. In 1979 at the end of our courtroom quest for Allison’s justice we received $15,000 and a statement of regret from the United States government.  40 years later in 2010, new audio evidence was discovered in a tape recording, analyzed by internationally-respected forensic evidence expert Stuart Allen. It is now three years later and the U.S. federal government continues to refuse to acknowledge or examine the new evidence yet over these past three years we have demanded that the Kent State Strubbe tape be examined … to no avail.  While Kent State human rights issues are not explicitly mentioned in the list of issues, they are covered by a number of general questions raised by the Committee, especially under Right to Life, Obligation to Conduct Independent, Thorough and Credible Investigations into Excessive Use of Force and Firearms by Police/Military, and Right to Effective Remedy. The Human Rights Committee is likely to bring up the human rights related to Kent State as an example of the United States’ failure to meet ICCPR obligations during the U.S. review in October. If any U.S. government personnel or group wishes to learn more about the Kent State Massacre and the new evidence, including and since in 2010, I am happy to provide that to you. I will also be submitting a shadow report to the Committee. Thank you.”

LAUREL KRAUSE WRITES: “Just now while watching Oliver Stone’s 05/04/13 magnificent Kent State speech, I was hoping you’d like share Oliver Stone on Kent State with AVA readership. WATCH Oliver Stone on May 4, 2013 at Kent State University on the May 4th Kent State Massacre, starts at 23 http://bit.ly/1441nQG

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THE SEX PISTOLS: In early 1978 a day or so before they played SF in what was their last show ever (“ever get the feeling you’ve been cheated?”) the Sex Pistols did a radio interview at KTIM in Marin. A van went to pick them up at their hotel, Johnny Rotten was a no-show, Sid Vicious was out scoring (and then OD’ing on) heroin; revived at the ER he went out to score again) so only the drummer and guitarist got in the van. They assumed it was a local station and thus a short ride across town so were chugging as many beers as they could for the trip.  It took about an hour to get to San Rafael so they were pretty drunk when they got there.  During the interview the DJ asked them what things in particular they liked about the US-of-A, how they found American girls, things like that. One said they liked American girls and the other chimed in, their Cockney accents “Yah, they all gowt big tits.” The DJ opened the phone lines to callers and you heard, “Here’s Susie from Mill Valley with a question.” The band member at the mike says, “Hi Susie,” and Susie starts in something with like, “Do you think the punk rock movement in Britain is a reaction to Margaret Thatcher’s right wing Conservative Party politics blah, blah, blah…”  In the background you hear the other voice go, “A’ve ya gowt big tits?”

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THE MANNING TRIAL: DAY ONE

Defense: Manning Following His Humanist Beliefs; Prosecution: Manning a Tool of Wikileaks

By Nathan Fuller

More than eleven hundred days after he was arrested, Pfc. Bradley Manning’s court martial finally began in earnest at Ft. Meade, MD, where defense and government lawyers gave opening statements on the intentions behind Bradley’s release of hundreds of thousands of classified military documents to the website WikiLeaks.

Defense: Bradley was following his humanist beliefs

Defense lawyer David Coombs recounted a poignant turning point during Bradley’s time in Iraq. On Christmas Eve, 2009, an Army vehicle narrowly avoided injury after an explosive detonated. But in evading the explosive, the U.S. vehicle drove into a civilian car, carrying five Iraqis, including three children. His fellow soldiers celebrated into the night, cheering the U.S. soldiers’ survival, but twenty-two-year-old Bradley couldn’t forget about the injured Iraqis, who were immediately hospitalized.

“From then on,” Coombs said, “[Bradley] struggled.” Not your typical soldier, Bradley wore customized dog tags that read “humanist.” He strove to help his unit, wanting everyone to come home safely every day, but he wanted the local nationals to go home safely every day too.

Coombs reviewed how this overarching humanism inspired him to release each set of documents. He couldn’t read Afghanistan and Iraq War Logs without thinking of that first injured family in December ’09. He read them “with a burden.” He wanted to make a difference, and he believed this information should be public.

He watched the ‘Collateral Murder’ video, documenting the U.S. Apache killing of innocent Iraqis and Reuters journalists. He thought this video conveyed how the U.S. valued (or, didn’t value) human life, and since the Pentagon failed to follow through on its vow to make it public, he felt had to do so.

When he was given access the State Department cables, he was told to peruse the classified network to understand U.S. diplomacy. He knew the cables were accessed by more than a million people, that they couldn’t contain Top Secret information, and that they wouldn’t reveal sources – he also knew they showed how the U.S. deals with and values human life around the world, and we don’t always do the right thing.

Government suggests WikiLeaks guided Manning’s releases

By contrast, government prosecutor Captain Morrow painted Bradley’s releases as the systemic harvesting of information at WikiLeaks’ behest. He opened his statement with Bradley’s own words: “If you had unprecedented access to classified networks 14 hours a day 7 days a week for 8+ months, what would you do?”

This commenced an effort to characterize Bradley as almost singularly focused on gathering information that WikiLeaks wanted to release. Capt. Morrow said the releases are “what happens when arrogance meets access to classified information,” and that Bradley used his military training to “gain the notoriety he craved,” despite also saying that he worked to conceal his downloading of classified documents.

Capt. Morrow also reviewed each set of files, with two chief contentions: that Bradley indiscriminately harvested and leaked information, and that he was taking orders, directly via chat logs or indirectly by looking at their ‘Most-Wanted List,’ from WikiLeaks.

Press and public struggle for trial access

Just before those opening statements, Judge Denise Lind asked the prosecution to review the procedures in place to provide access to the press and public to Bradley’s trial, presumably in response to a motion filedby Reader Supported News. I say presumably because I watched the proceedings on a video feed in the theater next door to the courtroom (I gave my press pass for today to the Freedom of the Press foundation’s stenographers) – and the feed cut out frequently. We were in the theater because we were told that both the courtroom and the spillover trailer, whose video feed never cut out, were full. But those we talked to from the trailer said it was half-full at most.

Nevertheless, prosecutor Maj. Ashden Fein assured Judge Lind that no member of the public has ever been excluded from viewing Bradley’s proceedings. He didn’t happen to mention a last-minute restriction imposed on attendees: though they’ve been allowed for more than a year of pretrial proceedings, ‘Truth’ t-shirts were banned from the courtroom today, as were “Bradley Manning shirts or any other propoganda,” according to one gun-toting soldier. Pressed about the new limitation, one soldier told the Support Network’s Emma Cape that the decision was made from someone “very high up” and that he figured it was related to increased media access.

Maj. Fein also said that every effort has been made to provide full access to journalists, despite the legion of journalists decrying Ft. Meade’s restrictions on the media.

He said that only five journalists had been denied press credentials to Bradley’s trial. This number was laughable, considering the Military District of Washington has claimed, “More than 350 requests for credentials were received for 70 seats in the media operations center and 10 seats in the courtroom.” We know for certain that the Freedom of Press’s stenographers were denied and that several others were as well.

First witnesses called, forensics underway

Finally, after lunch, the government called its first witnesses, to prove it was Bradley Manning who actually released the documents. Special Agents Thomas Smith and Toni Graham testified about arriving at Bradley’s base to photograph his housing and work stations and to interview his fellow soldiers. Specialist Eric Baker, Bradley’s roommate at F.O.B. Hammer in Baghdad, testified briefly about Bradley’s computer habits and collection of CDs and a hard drive. The defense didn’t have extensive cross-examination questions for either: in light of Bradley’s February guilty plea to providing information to WikiLeaks, his lawyers largely didn’t contest the fact that the computers in question were Bradley’s.

Tomorrow, the government will call Army Criminal Investigation Command Special Agent David Shaver, who’s expected to testify at much greater length. ¥¥

(Nathan Fuller is a writer for the Bradley Manning Support Network, where this dispatch also appeared. He can be reached at Nathan@bradleymanning.org.)

Mendocino County Today: June 6, 2013

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HAMBURG CLAIMS DAMAGES FROM THE COUNTY

Dan Hamburg’s Claim Against Mendocino County

[Attorney Barry Vogel's Letterhead]

May 28, 2013

To: Thomas Parker, Mendocino County Counsel

Re: Claim Against Mendocino County. Failure to issue a death certificate and burial permit for Carrie J. Hamburg, aka Carol Jean Hamberg who died on March 5, 2013.

Dear Mr. Parker,

I represent Daniel E. Hamburg, the widower of Carol Jean Hamburg, aka Carol Jean Hamburg who died on March 5, 2013, and the executor of her estate filed as Mendocino County Superior Court Case SC UK CVPB 13260080.

Based on the continuing refusal and failure of Mendocino County to issue a burial permit for and a death certificate certifying the fact that Carrie J. Hamburg, aka Carol Jean Hamburg, is deceased and buried, this claim is hereby made pursuant to government code Section 910. The fact that she is buried on private real property does not negate the fact that she is deceased. A death certificate and burial permit should therefore be issued. The present amount of this claim exceeds $10,000 for the legal fees incurred to date by the claimant. The amount of this claim will continue to accrue until resolution and may result in an unlimited civil action. All correspondence regarding this matter is to be sent to me at the above address.

Yours very truly, Barry Vogel, Esq.

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NINE YEARS AGO I sold my house in Boonville. It was home and office. These days the paper is produced in downtown Boonville at our luxurious office high atop the Farrer Building. Monday afternoon, David Spain, one half of the gracious couple who bought our place on Anderson Valley Way, where they are probably still performing exorcisms to expunge the bad vibes they inherited, called to say “a strange thing has happened.”

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SOON, JESSIE SPAIN appeared in our downtown office with a robust, two-foot marijuana plant and a handwritten note. The plant and the note had been left in the Spains’ driveway. It said:

PottedPot“Hey, Bruce: Please accept this potent, blooming marijuana plant as a gift from a fan of the old school of combative journalism, but a donor who wishes to remain anonymous. It has the potential to inseminate every outdoor female marijuana plant within the radius of ten miles, at least, depending upon the prevailing winds. I encourage you to grow it in your garden. Properly nourished and cared for, cannabis can become a perennial. In West Virginia there are stands of it that are 14-18 feet high, some stalks being over twenty inches in diameter. If the local dopester/gangsta/hats-on-backwards crowd flatten your tires, or threaten to cut your beloved male marijuana plant down, whining that you are ‘ruining’ their crops by turning their sensemilla (sic) into seed-bushes, you can fight back and inform your readers that you are doing the locals a favor — seeded weed is better for you if you put it in a blender and eat it than if you smoke it! Besides, scads of these 215-ers are — let’s tell it like it is — lazy lotus eaters who should get real jobs. Hemp liberation will not be accomplished until the Eel and the Navarro and the Russian River banks are covered with hemp. GROW IT! Signed Anonymous.”

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RAILROADIES at Board of Supervisors Today; Board Opts for Richard Marks Over RR Favorite Dan Hauser

by Hank Sims (Courtesy, LostCoastOutpost.com)

The Humboldt County Board of Supervisors voted 3-2 this afternoon to appoint Humboldt Bay Harbor District Commissioner Richard Marks as one of its two representatives on the board the North Coast Railroad Authority. Supervisors Sundberg, Bass and Lovelace voted for Marks; Supervisors Bohn and Fennell voted for former State Assemblyman Dan Hauser, who wrote the legislation that created the beleaguered state-owned rail line back in the late 1980s.

It was a close vote, and a somewhat contentious one. The train believers showed out at the meeting to carry the banner for Hauser, who is a true believer in the train. Marks’ railroad faith was questionable, given that he serves on the Harbor District, which has not embraced the iron horse’s glorious return to the shores of Humboldt Bay with sufficient zeal. Hauser, they argued, had the Sacramento connections required to breathe life into the moribund and line-wrecked train, which hasn’t made a trip to Humboldt County in 15 years.

The liberal/lefty contingency, meanwhile, came to sing the praises of Marks, as did his fellow Harbor District Commissioners. They saluted his support of trail projects and his realism in relation to train issues.

Board Chair Ryan Sundberg cast the last and deciding vote on the issue. Saying that he had a hard time making up his mind — and, in fact, had not yet made up his mind — he equivocated for several moments as he had the floor, eventually deciding on Marks on the argument that the NCRA and the Harbor District needed closer ties.

Humboldt County’s other representative on the NCRA is Supervisor Estelle Fennell. She and Bohn, who joined her in supporting Hauser, expressed admiration and liking for Marks, and signaled that they would not be too disappointed if the vote went his way.

Arcata City Councilmember Alex Stillman was recently appointed to the board to represent city governments along the railroad’s right-of-way.

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RURAL AMERICA IS DYING OUT as a combination of young people leaving their home towns to work in the city and a fall in birth rates has forced the population to plummet, official data shows. While the rural population has risen and fallen along with the economy before, the rate it has fallen between 2010 to 2012 has accelerated, the US Census Bureau figures show. And, for the first time, the number of babies born in these communities has not been enough to balance the number of people moving away. John Cromartie, a geographer with the US Department of Agriculture’s Resource and Rural Economics Division, told the Financial Times the exodus of younger residents had left many rural areas with a population “aging in place.” As people in their 20s and 30s left to start families in urban areas, the birth rates of rural America has declined significantly. It is not clear if the decline is permanent, but much of rural America — which makes up 15% of the population across 72% of the country’s land area — faces significant population decline. It has been nearly 100 years since those living in rural America, defined as open country and settlements with fewer than 2,500 residents, outnumbered those in urban areas. As young adults move away, and populations decline, there is less demand for businesses and teachers, which reduces available services and, in turn, deters families from moving back. Rural communities are not the only areas dying out. Researchers noted that “exurban areas” which had seen an increase for decades on the outskirts of cities, have also started to decline for the first time. Although the decline was small, it appears considerable after 2004 to 2006, when these areas grew by about 500,000. Urban areas and cities are seen as offering better opportunities to young families. Not all rural areas are suffering however. North Dakota, which is experiencing an oil boom, and other states with access to energy sources, have had a growth in population. The mid-west, and parts of the industrial northeast have had the biggest population decline, which could impact the economy as well as the politics of those states. With their appeal to urban voters it is a trend that is benefiting the Democrats. It is also easier to organize and encourage people to go out and vote in urban parts of the US. At the end of last year Agriculture Secretary Tom Vilsack warned America’s 51 million farmers, ranchers and rural residents that they were in danger of losing their voice in Washington. “Rural America, with a shrinking population, is becoming less and less relevant to the politics of this country, and we better recognize that, and we had better begin to reverse it,” he said. More than 80% of lawmakers do not represent rural areas, according to USA Today. Mr. Vilsack added that despite a strong agricultural economy poverty rates remained 17% higher than in metropolitan areas. “You are competing against the world now and opportunities everywhere. Young people have all of these opportunities,” he warned the rural groups. Communities supplying renewable fuel sources, such as Storm Lake, Iowa, are seeing growth, however. The effect the population shift has on politics is increased further as the decline of white rural voters is relative to the growing minority, such as Hispanics. This shift has led to political issues such as immigration reform being pushed. Mr. Cromartie said further analysis was needed, but previous studies suggested rural America was aging faster than the rest of the nation. In 2009 data for the first half of the decade showed, for example, those aged 65 and over accounted for 15% of the rural population, but 12% of the population nationally. (Courtesy, the Daily Mail of London)

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JEFF COSTELLO WRITES: Hillary — seriously? My friends in Portland lived in Morocco for some time. While they were there, H. Clinton came for some kind of “diplomatic mission.” They brought in two jumbo jets, one for her and one for her vehicles. They did not trust Moroccan limos, apparently. While she was in the country, her security apparatus was so huge and overbearing that most of the country was shut down, paralyzed during the entire visit. Everyone was pissed off, even my otherwise PC friend who was trapped in a US consulate, not allowed to leave. Oh why oh why do they hate us?

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CAN’T WE JUST SHOOT THIS GUY?

Maciel

Maciel

On June 4, 2013 at about 9:30am Deputies from the Mendocino County Sherriff’s Office were detailed to the Round Valley Preschool regarding a child abuse investigation. Deputies arrived along with workers from Child Protective Services and contacted a 5-year-old child. This child had distinct bruising on her face in the shape of a hand and fingers. When asked what had happened the child advised that her father, Gulmaro Maciel, 35, of Covelo, had become angry with her and had hit her in the face. Deputies contacted the child’s mother regarding the incident. Deputies learned from the mother that the child had been asked to get her father a soda the previous day. The father became angry after the child delivered the wrong type of soda and began slapping the child across the face several times. Deputies also learned Maciel had also physically assaulted the mother on the same day because of relationship disagreements. Deputies established probable case for an arrest and attempted to locate Maciel. Deputies located Maciel and arrested him for Child abuse, and Domestic Violence battery. Maciel was booked into the Mendocino County Jail on the listed charges and was to be held on $50,000 bail. (Sheriff’s Department Press Release)

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“LET’S GET AMAZING”

Seeking Subsidized Housing

Warm spiritual greetings, Please know that the Harrison House in Berkeley, CA staff have said that I need to move on from there, and get myself subsidized housing. The staff informed me yesterday that I have no further need of them, and that at 63 years of age, willing to pay 1/3 of my income ($359 monthly social security retirement), and having an exemplary spiritual life with lots of good karma, there ought to be no problem in my finding a suitable place to live and set it up for productive creative writing. I need a writer’s pad! I wish to leave Harrison House as soon as possible, and will be happy to immediately move into a short term arrangement, while continuing to seek out a suitable longer term rental. If you wish to be part of the continuing creative spiritual adventure, please leave a telephone message for me at (510) 525- 4469, and my caseworker there is Tonette Woodson who may be reached at (510) 725-8572. Obviously, it is all off for my returning to Washington DC at this time, due to a total lack of interest from my peers that I go there again for the seventh time, to participate in radical environmental and peace & justice activities. I decided not to get myself there, and then squat the sidewalk for the sake of advocating world peace. To those of you who wish to stay in association with me, let’s get amazing. — Craig Louis Stehr Email: craigstehr@hushmail.com Mailing address: c/o NOSCW, P.O. Box 11406, Berkeley, CA 94712-2406 Blog: http://craiglstehr.blogspot.com

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EDITOR,

Re: CalTrans, The Movie, by Bruce McEwen, AVA, June 5, 2013

1. Should Mr. McEwen have chosen to verify his assertions The Willits News published photos of the altercation between CHP and Mr. Katz we received from CHP or CalTrans, I would have been happy to provide him with the phone number of our photographer and publisher who took TWN photos that day and the independent videographer who took the videos. We published them on our site within hours to allow people to make up their own mind. I assure you neither CalTrans nor CHP were in anyway helpful to our coverage, having threatened a number of us with arrest throughout this occupation. As best I know, neither agency has chosen to publish any photos or video of the day — even though the CHP photographer was certainly on site and many state officials had video cameras.

2. Mr. Katz pleaded guilty. CHP chose not to make a particularly big deal of either Katz or his cohort choosing to throw the content of their buckets at them, but the vile aroma was certainly smelled by all who were on scene. While many in the protest movement have spread a version of the incident underplaying this activity, it happened none-the-less. This tossing of feces happened before the CHP officers entered the specific tree Mr. Katz was in.

3. Mr. McEwen may have been in court, but he was not at the scene of the mess. We were.

— Linda Williams, Editor, The Willits News

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BRADLEY MANNING IS GUILTY of “Aiding the Enemy” — If the Enemy Is Democracy

By Norman Solomon

Of all the charges against Bradley Manning, the most pernicious — and revealing — is “aiding the enemy.” A blogger at The New Yorker, Amy Davidson, raised a pair of big questions that now loom over the courtroom at Fort Meade and over the entire country: • “Would it aid the enemy, for example, to expose war crimes committed by American forces or lies told by the American government?” • “In that case, who is aiding the enemy — the whistleblower or the perpetrators themselves?” When the deceptive operation of the warfare state can’t stand the light of day, truth-tellers are a constant hazard. And culpability must stay turned on its head. That’s why accountability was upside-down when the U.S. Army prosecutor laid out the government’s case against Bradley Manning in an opening statement: “This is a case about a soldier who systematically harvested hundreds of thousands of classified documents and dumped them onto the Internet, into the hands of the enemy — material he knew, based on his training, would put the lives of fellow soldiers at risk.” If so, those fellow soldiers have all been notably lucky; the Pentagon has admitted that none died as a result of Manning’s leaks in 2010. But many of his fellow soldiers lost their limbs or their lives in U.S. warfare made possible by the kind of lies that the U.S. government is now prosecuting Bradley Manning for exposing. In the real world, as Glenn Greenwald has pointed out<http://www.guardian.co.uk/commentisfree/2013/jan/10/manning-prosecution-press-freedom-woodward>, prosecution for leaks is extremely slanted. “Let’s apply the government’s theory in the Manning case to one of the most revered journalists in Washington: Bob Woodward, who has become one of America’s richest reporters, if not the richest, by obtaining and publishing classified information far more sensitive than anything WikiLeaks has ever published,” Greenwald wrote in January. He noted that “one of Woodward’s most enthusiastic readers was Osama bin Laden,” as a 2011 video<http://www.google.com/hostednews/afp/article/ALeqM5iTgYGpDKSrS2SI3HUtXqU_DdZXxA?docId=CNG.a4a97915e7a9cc058de3c52ecc2a9610.451> from al-Qaeda made clear. And Greenwald added that “the same Bob Woodward book [*Obama’s Wars*] that Osama bin Laden obviously read and urged everyone else to read disclosed numerous vital national security secrets far more sensitive than anything Bradley Manning is accused of leaking. Doesn’t that necessarily mean that top-level government officials who served as Woodward’s sources, and the author himself, aided and abetted al-Qaida?” But the prosecution of Manning is about carefully limiting the information that reaches the governed. Officials who run U.S. foreign policy choose exactly what classified info to dole out to the public. They leak like self-serving sieves to mainline journalists such as Woodward, who has divulged plenty of “Top Secret” information — a category of classification higher than anything Bradley Manning is accused of leaking. While pick-and-choose secrecy is serving Washington’s top war-makers, the treatment of U.S. citizens is akin to the classic description of how to propagate mushrooms: keeping them in the dark and feeding them bullshit. In effect, for top managers of the warfare state, “the enemy” is democracy. Let’s pursue the inquiry put forward<http://www.newyorker.com/online/blogs/closeread/2013/01/bradley-mannings-civil-war.html> by columnist Amy Davidson early this year. If it is aiding the enemy “to expose war crimes committed by American forces or lies told by the American government,” then in reality “who is aiding the enemy — the whistleblower or the perpetrators themselves?” Candid answers to such questions are not only inadmissible in the military courtroom where Bradley Manning is on trial. Candor is also excluded from the national venues where the warfare state preens itself as virtue’s paragon. Yet ongoing actions of the U.S. government have hugely boosted the propaganda impact and recruiting momentum of forces that Washington publicly describes as “the enemy.” Policies under the Bush and Obama administrations — in Iraq, Afghanistan, Yemen and beyond, with hovering drones, missile strikes and night raids, at prisons such as Abu Ghraib, Bagram, Guantanamo and secret rendition torture sites — have “aided the enemy” on a scale so enormous that it makes the alleged (and fictitious) aid to named enemies from Manning’s leaks infinitesimal in comparison. Blaming the humanist PFC messenger for “aiding the enemy” is an exercise in self-exculpation by an administration that cannot face up to its own vast war crimes. While prosecuting Bradley Manning, the prosecution may name al-Qaeda, indigenous Iraqi forces, the Taliban or whoever. But the unnamed “enemy” — the real adversary that the Pentagon and the Obama White House are so eager to quash — is the incessant striving for democracy that requires informed consent of the governed. The forces that top U.S. officials routinely denounce as “the enemy” will never threaten the power of the USA’s dominant corporate-military elites. But the unnamed “enemy” aided by Bradley Manning’s courageous actions — the people at the grassroots who can bring democracy to life beyond rhetoric — are a real potential threat to that power. Accusations of aid and comfort to the enemy were profuse after Martin Luther King Jr. moved forward to expose the Johnson administration’s deceptions and the U.S. military’s atrocities. Most profoundly, with his courageous stand against the war in Vietnam, King earned his Nobel Peace Prize during the years after he won it in 1964. Bradley Manning may never win the Nobel Peace Prize, but he surely deserves it. Close to 60,000 people have already signed a petition urging the Norwegian Nobel Committee to award the prize to Manning. To become a signer, click here.<http://act.rootsaction.org/p/dia/action/public/?action_KEY=7612> Also, you can preview a kindred project on the “I Am Bradley Manning” site<http://iam.bradleymanning.org/>, where a just-released short video — the first stage of a longer film due out soon — features Daniel Ellsberg, Oliver Stone, Maggie Gyllenhaal, Phil Donahue, Alice Walker, Peter Sarsgaard, Wallace Shawn, Russell Brand, Moby, Tom Morello, Michael Ratner, Molly Crabapple, Davey D, Tim DeChristopher, Josh Stieber, Lt. Dan Choi, Hakim Green, Matt Taibbi, Chris Hedges, Allan Nairn, Leslie Cagan, Ahdaf Soueif and Jeff Madrick. From many walks of life, our messages will become louder and clearer as Bradley Manning’s trial continues. He is guilty of “aiding the enemy” only if the enemy is democracy. (Norman Solomon is co-founder of RootsAction.org and founding director of the Institute for Public Accuracy. His books include “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death.”)


Mendocino County Today: June 7, 2013

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(CORRECTED ITEM) RAUL MALFAVON, 23, of Ray’s Road, Philo, was found dead Thursday morning about 6. Malfavon, an unmarried single man with a girlfriend, is assumed to have hanged himself.

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UNCONFIRMED, but it seems that the new County Courthouse is back on track. Funding for the indefensible project has been on again, off again, but is on again for now.

ASIDE from its mega-eyesore dimensions, and I say this sight unseen but on the basis of the now abandoned Willits Courthouse, the new structure will house only judges and their immediate ancillary staff. Everyone else conveniently now housed in the existing Courthouse will stay where they are, and these people include the DA and the court clerks. Since only their majesties will enjoy their new quarters, everyone else involved in the court process will have to hump their files two long blocks up and down Perkins.

AND IT’S A CORRUPTED project out of the box, with the well-connected buying up the properties adjoining the proposed new Courthouse where it may be located on the south side of Perkins Street near the old railroad depot. The vultures, who of course include lawyers, hope to lease back office space to the County at the usual inflated rents the County pays.

THE RUBES pushing the thing cite the big shot architectural firm doing the design, as if the big boys won’t simply go to Plan Draw Neo-Totalitarian for the usual glass and steel high rise security bunker. We won’t get a building that will lift Ukiah’s spirits, set the whole County’s heart singing at its splendor; we’ll get a version of the Willits monstrosity, a structure so hideous you can feel your life force flee just walking past it.

WillitsJusticeCenter2ANOTHER ARGUMENT for the new Courthouse emphasized by the rubes is handicapped access. “O the poor dears. They have such a terrible time getting up to the courtrooms upstairs.” As if lifting a wheelchair-bound person up to the third floor of the present building is completely beyond all known engineering abilities.

THEY ALSO CITE “security.” The catch of the day, plus the occasional wild man, is shuffled from the County Jail van across a few feet of sidewalk and on into the Courthouse. The catch of the day is brought in in cuffs and belly and ankle chains, the occasional tough guy in cuffs and chains accompanied by three or four jailers. Years ago a killer’s mother tried to hand her son a gun as he was being hustled into the Courthouse off the public sidewalk. She was unsuccessful. That’s it. That one close call. But the judges have pointed at it ever since.

WHAT THE JUDGES haven’t pointed out but have pointedly ignored, is the plain fact that a lot of the shuffling of inmates from the Jail to the Courthouse and back again is totally unnecessary if the judges would hold most of the preliminary stuff out at the Jail itself, thus saving the time and transportation expense of shuffling people back and forth.

THE PRESENT COURTHOUSE is perfectly, well, imperfectly, suitable for processing low-income Americans in and out of jail. No need for a new process center.

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 (UPDATED ITEM) FIREFIGHTERS, led by the Anderson Valley Volunteers, managed to knock down a wind-driven fire last Tuesday afternoon (June 4) at the Burger Ranch, Yorkville, before the fire reached  several highly flammable wood construction outbuildings. The blaze was completely under control by 5pm after burning through over two acres of grasslands. The fire wa on the south side of Highway 128 on the Burger Ranch about a mile west of the Yorkville Post Office/Fire Station.  It started near the house and burned up the north facing slope in grass and hardwood.  A trailer, two out buildings and the residence were briefly threatened but in the end there was no damage to those structures.  CalFire air tankers dropped retardant on the head of the fire and stopped the uphill progress and combined CalFire/Anderson Valley Volunteer crews contained and extinguished it.

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ON MAY 31, 2013, at 1am the Sheriff’s Office was advised that a 16-year-old female had been attacked by an unknown male adult while walking to a relative’s residence on Concow Boulevard in Covelo.   A Sheriff’s Detective responded to the Ukiah Valley Medical Center where he interviewed the victim and collected physical evidence.  The victim informed the Detective that she had been walking across a field near Concow Boulevard at approximately 10pm the day before, May 30, 2013, when she was attacked.   The victim stated the suspect grabbed her by the hair and forced her to the ground.  The victim fought off the suspect and ran to the safety of a relative’s residence.  The victim sustained minor injuries during the struggle which were treated while she was at the hospital.  The victim described the suspect as being an older Native American male adult who was possibly bald.  Sheriff’s Deputies searched the area where the reported assault took place but were unable to locate the suspect.  Anyone having information regarding this case is asked to call the Sheriff’s Office Tip-Line at 707-234-2100.

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LATE WEDNESDAY AFTERNOON Redwood Coast Fire Department was responding to a small wildland fire in their District on the Coast somewhere on Mountain View Road. A male Hispanic or an Indian man stole a very distinctive black 1999 Camaro belonging to one of their firefighters who was working the fire. About 30 minutes later a CHP patrol unit was seen going up Mountain View Road with lights and sirens to intercept the car thief. Shortly after that many Anderon Valley residents heard three other police units going east through Boonville also with lights and sirens and faster than an average emergency call. Most locals assumed one of them was the CHP patrol unit. The other two turned out to be a CalFire Battalion Commander’s large pickup and a Sheriff’s patrol car. Somehow the theif made it past the CHP unit and headed up Highway 253 toward Ukiah while a parade of police and fire vehicles chased after him at high speed. Eventually, the Camaro got a flat tire and the guy could no longer stay ahead of his pursuers. He was caught about eight miles up Highway 253 and arrested. Presumably, we will hear who he was by sometime Friday.

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CARRIE HAMBURG’S RESTLESS BONES. There are legal ways to get home burials done. They are costly but Supervisor Hamburg, a wealthy man, certainly had the $30,000-plus to establish a family burial site on his 46 acres.

THE SUPERVISOR and his late wife also could have made a public issue of home burials several years ago, or certainly before Mrs. Hamburg died when she made her last wishes known, wishes emphasizing her desire to be buried at her home, no matter what the laws said. She’d been battling cancer for some time before her death, which was not unanticipated.

JUDGE LECHOWICK signed off on Jay Baker’s desire to be buried next door to his True Value Hardware store in downtown Gualala. Dan Hamburg has no friends among this County’s abundant judges, sitting or retired? None of his lib judge pals would give him the necessary permission?

HAMBURG could also have introduced a local ordinance permitting home burials. That ordinance would be helpful to lots of families, not just him. Yes, home burials are illegal in California, but this is the county that took on the federal government over marijuana policy. Who among the present supervisors would oppose a reasonable home burial ordinance?

BUT THAT’S NOT what happened. The Hamburgs decided that somehow they should be above the rules, that they should be permitted to violate the law because, well, because they are who they are. Now what we’re going to get is a prolonged legal wrangle that’s going to cost our broke county a lot of money it doesn’t have.

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ROAD RAGE RANDALL

by Bruce McEwen

Randall

Randall

Arthur Randall, a Ukiah tow truck driver by profession, knows his way around town, and the quickest way to get from South State Street to his girlfriend’s work on the corner of Dora and Gobi, he knows best of all. So when he left a Christmas party, December 20th last year for the kids at Grace Hudson School, he got on the freeway at Talmage and planned to zoom up to Perkins, he said, which only has a few lights, then turn south on Dora, impeded by only a few stop signs, and get his gal to work on time, even though the little family of five were running late. He might have made it, too, but some guy cut him off, and then had the audacity to flip him off as well, and that changed everything. Getting his significant other to work on time was no longer his priority; Mr. Flip Off had to be dealt with first.

Mr. Randall also knows how to drive, he seems to think, far better than most, and he decided to give the guy who cut him off a few pointers on road courtesy. So he followed the man — who turned out to be Kevin Aiken, who was just recovering from back surgery — into the parking lot at Rainbow Ag on Perkins. Aiken parked in front of the store, and as Aiken emerged from his vehicle, Randall came running up and soon had Aiken on the ground trying to throttle some driving skills into the guy, who seemed to be gasping for instruction.

Right there Randall had himself Count One, felony assault and battery.

The commotion soon drew a crowd, and Randall’s girlfriend, Whitney Marsh, called the enraged Randall off. As Randall was leaving, he paused to tell Aiken he would “mess him up — or maybe I said I’d kill him” — Randall didn’t remember his exact words — if Aiken ever messed with him again.

This was Count Two, a felony criminal threat to com­mit a crime with force likely to do great bodily injury.

Even with the damning evidence of the videotape, admitting the threat, and the liability of having Dan Haehl of the public defender’s office as his lawyer, Randall was so self-righteously pissed-off at being first! so blatantly cut off and then! so rudely flipped off, that he, like, had! to take his case all the way to jury trial — even if it meant riding an old Army mule of a public defender into the ground — to prove to the jury that a wee spurt of old-fashioned vigilante road rage was justified in such an extremely provoking case as his.

He was mistaken on that point, ha, as well as a few others, as it turned out.

Attorney Dan Haehl is used to hopeless cases. He takes them in stride — even though his strides are so painful that even watching them makes you wince. Unlike the other lawyers, Mr. Haehl no longer puts on a suit for a jury trial, just his threadbare, shiny slacks, rumpled tweed sports coat and a stained necktie which he doesn’t any longer bother to snug up around the wattles of his neck. No, Attorney Haehl no longer gives much of a good gosh darn by golly what anyone thinks of him. “Don’t worry what people think of you,” he advises. “Because they probably don’t.” He is easily the sourest cynic in a county so full of ‘em that even a sardonic old hack like myself can still get a news column.

Amazing as it may seem, he even won one once. A jury trial — someone get that fainting fellow some smelling salts!

Haehl started his defense in this one by calling the defendant’s girlfriend to the stand.

Ms. Whitney Marsh said she was going to be late for work because they had all gone to a Christmas party for the three kids at Grace Hudson School, which lasted longer than expected. But not to worry, her boyfriend Mr. Randall was an expert driver and would get her there on time. The only problem was, just as they were merging onto Highway 101, a driver in a white pickup interfered.

Ms. Marsh said, “He [Randall] had to honk several times so the other driver [Aiken] didn’t hit us. And then the other vehicle got behind us. He [Randall again] had to put on the breaks and he [Aiken] came around us, flipped us off, and cut in front of us.”

Mr. Haehl: “What did you do?”

Marsh: “We got off at Perkins.”

Haehl: “Then what?”

Marsh: “We followed him down to Rainbow Ag.”

Haehl: “Why?”

Marsh: “He wanted to talk to him.”

Haehl: “Randall wanted to talk Aiken?”

Marsh: “Yes.”

Haehl: “What happened next?”

Marsh: “He, my… wull, you know — what should I call him?”

Judge John Behnke, puckishly: “Do you mean your significant other?”

Marsh: “Yes. Should I call him Mr. Randall?”

Judge: “Please do, if you feel comfortable with that.”

Marsh: “When Mr. Randall got out and went over to talk to the driver he pushed him.”

Judge: “Who pushed who?”

Marsh: (indicating first Aiken, in the gallery, then Randall, at defense table, with pointed looks): “He pushed him.”

Judge: “Yes, I know what you mean Ms. Marsh, but the court reporter is taking everything down and she needs each person to be identified by name, so that when the transcript is finished there’s no question as to who pushed who. Understand?”

Marsh: “Yes. I saw the other guy — who I now know is Mr. Aiken — push Mr. Randall.”

Haehl: “When you talked to Officer Long you said you didn’t see who pushed who first, didn’t you?”

Marsh: “Correct.”

Officer Long of the Ukiah PD had been called in to investigate the incident. He had already testified as to the statements he took at the scene during the Deputy DA’s presentation of the People’s case. The Deputy DA was Beth Norman, formerly a lieutenant of the recently defeated DA Meredith Lintott, one of the county’s more lamentable flukes of the election process, having been voted in by the coincidence of an untimely death of one candidate and a wildly reckless gambit of another, which cheated the electorate out of their real choice, the able and conscientious Keith Faulder, who has just returned from delivering an edition of the AVA to the top of Mt. Everest. He’d already put one at the summit of this continent’s highest peak, some hilltop down in Chile. Next, I expect, he’ll take one to the moon; although I can’t quite imagine anyone settling down to read our paper in such a place — you generally have to turn about and leave as soon as you arrive in those inhospitable climates. DDA Norman has never prosecuted a woman — except as a co-defendant in an otherwise all-male case. The reader will see what I’m getting at when Ms. Norman goes on cross and starts verbally slapping the defendant around. In the lone case Dan Haehl won, he let her do this, rather than object, and the effect of the witness bullying on the jury was decisive: Norman lost a slam-dunk case simply by alienating the jury. This is what rampant sexism — reverse or otherwise — will get you.

Haehl: “But you actually saw Mr. Aiken push Mr. Randall first?”

Marsh: “Yes.”

Haehl: “In the video you are shown to walk up and speak to Mr. Randall. What is it you said to him?”

Marsh: “I said let’s go.”

Haehl: “And what did he do?”

Marsh: “He let the guy up and we left.”

Haehl (adroitly eluding the parting shot made by Randall, which this witness must surely have overheard): “Did you speak to anyone else at Rainbow Ag?”

Marsh: “I think we probably talked about what happened once we were back on the road.”

Reminiscent of the fearful matron who patrolled the library of my childhood hometown, Ms. Norman rose to cross, peering suspiciously — if not accusingly — over her eyeglasses at the witness. Her voice rises when she speaks above the person-to-person range of an ordinary conversation, and she seems not to intuit, or maybe she doesn’t care, how her harping affects the jurors. But it is precisely calculated to unhinge a witness.

Norman: “So, Ms. Marsh, you say your work is on the corner of Gobi and Dora?”

Marsh: “Yes.”

Norman: “So why didn’t you just go down Gobi to Dora — wouldn’t that be the shortest route? You said you were in a hurry — why go all the way down to Perkins?”

Marsh: “’Cause he always takes Perkins.”

Norman: “Any special reason — were you thinking there was a problem?”

Marsh: “No.”

Norman: “The other car, Mr. Aiken, he cut you off; he flipped you off; you’d followed him all this way — was Mr. Randall saying all this time?”

Marsh: “No.”

Norman (her voice rising to screech level): “No? He said nothing — really? Were the kids scared?”

Marsh: “Not that I’m aware of.”

Norman: “The first time you talked to Officer Long you said you didn’t see what went on between Mr. Randall and Mr. Aiken. Now, you’re saying you saw Mr. Aiken push your boyfriend?”

Marsh: “He went like that.”

Judge: “You saw Mr. Aiken go ‘like that’—let the record reflect that the witness made a pushing motion with her palms out and her arms about chest high. Is that correct, Ms. Marsh?”

Marsh: “Yes.”

Norman: “Any chance this was a reaction of him bouncing off the car from having been pushed into it by Mr. Randall?”

Marsh: “Not that I’m aware of.”

Norman: “And when you came over to tell him let’s go because people were coming out of the store, he had Mr. Aiken down on the ground strangling him?”

Marsh: “No, he didn’t have him on the ground.”

Norman: “Have you seen the video?”

Marsh: “No.”

Norman: “Let’s play the video again. I’d like you to watch it, Ms. Marsh.”

The video was played again, and even with the car door somewhat in the way it certainly looked like Randall had Aiken on the ground choking him. But first Ms. Norman stopped the video at the alleged pushing incident and pointed out that from where Ms. Marsh was in the other vehicle, she couldn’t have seen any pushing between the two men. Still, Marsh insisted she saw it. Then she showed Marsh the part where she runs up and the two are down — either on the ground or somehow levitating an inch or two above it.

Norman: “Look! Randall has Aiken on the ground, choking him!”

Marsh: “Randall wasn’t on the ground, and he didn’t have any water on him.”

It had been raining almost all day.

Mr. Haehl put his client on the stand; and Arthur Randall described the trip from Grace Hudson School to Rainbow Ag pretty much the way Ms. Marsh had.

Haehl: “So you followed him to Rainbow Ag and con­fronted him. Did you want an apology?”

Randall: “He seemed to have a complete lack of concern for other drivers, so I yelled at Mr. Aiken. I was a little worked up, and I didn’t get an apology so I contin­ued to yell and he pushed me away from him saying, get over it.”

Haehl: “How did you respond?”

Randall: “I pushed him back into his own vehicle. Then he came towards me again so, yes, I did place him in a chokehold — what I would call a ‘control hold’ — but I did not intend to choke Mr. Aiken. A lot of profanity was exchanged. My point was he needed to learn how to drive.”

Haehl: “When Ms. Marsh runs up, what is it she says to you?”

Randall: “She said she needed to get back to work. I also heard a female voice yelling at us to knock it off. Three or four others were appearing at the door so I told him if he ever did that again I was gonna mess him up.”

Haehl: “What did he say to you?”

Randall: “He said he was going to sue me because he had just had back surgery.”

Haehl: “Do you remember making any threats to kill Mr. Aiken?”

Randall: “I do not recall that. I did threaten him that if we ever crossed paths again I would mess him up; but it’s not something I’d normally do.”

Norman: “Oh? So you don’t get upset often?”

Randall: “I don’t seek out trouble.”

Norman: “You’ve been cut off before, driving truck, haven’t you?”

Randall: “Yes.”

Norman: “But this was different?”

Randall: “Yes. I had my family in the car.”

Norman: “So you decided to chase him down ‘cause you thought you deserved and explanation and an apology?”

Randall: “Yes.”

Norman: “Why didn’t you just call the cops? And didn’t Mr. Aiken ask you why you couldn’t just let it go?”

Randall: “Mr. Aiken said fuck you, you need to let it go and I said you need to learn to drive.”

Norman: “And you were going to teach him.”

Randall: “No.”

Norman: “But you were going to make everyone wait while you got your apology.”

Randall: “He needed to learn how to drive.”

The Q&A was rapid-fire and getting louder and shriller, they were talking over each other and the court reporter threw up her hands. Like a referee, Judge Behnke got them stopped, then they went at it again.

Randall: “You can see how the situation escalated.”

Norman: “No, Mr. Randall, I can’t.

Randall: “Instead of striking him with my fist, I put him in what I called then a choke hold, but what I’d now call a control hold.”

Norman: “Why did you feel you needed to control him?”

Randall: “Mr. Aiken placed his hands on me?”

Norman: “Didn’t he just bounce off the car from being pushed?”

Randall: “Not in my opinion.”

Norman: “But you wouldn’t normally get out of your car and confront someone who cut you off?

Randall: No.”

Norman: “Mr. Randall, in 2010 you got involved in an incident where someone got in front of you at a stop light and you got out in the middle of the street and went up to the other vehicle and threatened the driver.”

Randall: “I opened my door and the other driver took off.”

Norman: “So you ran the light?”

Randall: “I stopped at the light and was sitting in my vehicle when the first vehicle came towards my door, and at that point I did step out of my vehicle. As he came at me his intentions, it was clear to me, was to run me over.”

Norman: “So you literally start running and chasing a car that cut you off?”

Randall: “Yes. A short distance.”

Norman: “Why?”

Randall: “To get him away from me; from me and my children.”

Norman: “Mr. Randall, did you say to Mr. Aiken, ‘if I see you again I’ll kill you’?”

Randall: “I may have. I don’t remember my exact words.”

Norman: “But you wanted him to hear that you would either kill him or mess him up?”

Randall: “Yes.”

Norman (in a calm voice): “I have nothing further.”

Mr. Randall wanted to address the court from the stand without the lawyers asking questions. Judge Behnke explained that the Q&A system was used because it gave the other party an opportunity to object. He said he would consider what the defendant wanted to say outside the presence of the jury then decide whether or not to grant the request, but he should first consult with his lawyer on the wisdom of the idea. Mr. Haehl came back in to say that Randall had decided against it.

Judge Behnke instructed the jury that a criminal threat didn’t require that the person who made it had to have any intention of following up on it; just that if it would reasonably put the person it was made to in a state of fear. The jury found just that — that Arthur Randall was guilty of making a criminal threat. On the assault and battery, the jury would only impose the lesser, the misdemeanor charge. ¥¥

Mendocino County Today: June 8, 2013

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(CORRECTED ITEM) RAUL MALFAVON, 23, of Ray’s Road, Philo, was found dead Thursday morning about 6. Malfavon, an unmarried single man with a girlfriend, is assumed to have hanged himself.

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IT WAS HOT, DRY, AND BREEZY Friday in Anderson Valley. The temperature in Boonville rose to almost 100. In Ukiah, of course, it got well over 100. Saturday is supposed to be a bit hotter, and just as dry and breezy. By contrast Point Arena, just over the coastal hills, was not expected to get above 70 on Friday or Saturday.

BY SUNDAY, however, the temperature is supposed to drop precipitously down by upwards of 20 degrees as the proverbial “marine layer” (aka fog, aka natural air conditioning) kicks back in and moves east.

THE CALFIRE VERSION of this current heatwave:

Record High Temperatures Lead to Heightened Fire Danger
Red Flag Warning Prompts CalFire to Increase Staffing
 — Expected triple digit temperatures, low humidity and breezy winds have elevated the fire danger over the next several days, prompting CalFire to increase its staffing across many parts of Northern California. The National Weather Service has issued a Red Flag Warning due to the heightened fire danger starting Friday afternoon and lasting through Saturday evening for parts of Shasta, Tehama, Glenn, Butte, Lake and Colusa Counties. On Sunday in the higher country, dry thunderstorms and lightning are possible in the Northern, Central and Eastern Sierra Nevadas. With the increased potential for new fires, CalFire has brought on additional firefighters to staff extra equipment during the high risk days. “While we are hoping we can make it through the next couple of days with minimal fire activity, we are prepared to respond if Mother Nature doesn’t agree,” said Chief Ken Pimlott, CAL FIRE director. “With approximately 94 percent of our wildfires being human caused, we are strongly urging the public to be extra careful and to take the proper steps to prevent wildfires.” Since January 1, CalFire has responded to over 2,100 wildfires across California that have charred over 50,000 acres. Fire activity remains significantly higher than average; typically by this time of year CalFire would have responded to only about 1,100 wildfires with 8,000 acres burned. During the Red Flag Warning, CalFire urges all Californians to exercise extreme caution outdoors in order to prevent wildfires. A few helpful reminders and fire prevention tips include: Don’t mow or weed eat dry grass on windy days; Ensure campfires are allowed, and if so, be sure to extinguish them completely; Never pull your vehicle over in dry grass; Never burn landscape debris like leaves or branches on NO Burn Days or when it’s windy; Make sure all portable gasoline-powered equipment have spark arresters; For more ways to help prevent and prepare for wildfires visit ReadyForWildfire.org or www.fire.ca.gov.

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THE FAMILY OF FIVE MONTH OLD INFANT Emerald Herriot has taken the first formal steps in their wrongful death lawsuit against the County of Mendocino by filing a claim against the County. County employees named in the claim are: Chuck Dunbar, Teresa Baumeister, John Melnicoe, Sue Norcross and Rita Hurley of the Mendocino County Department of Social Services.

Tubbs

Tubbs

BACKGROUND: Wilson ‘Josh’ Tubbs is currently facing charges of child abuse causing death for allegedly beating the five month old infant girl who was placed in his care by Mendocino County, even though he had at least one drug-related arrest. Tubbs is accused of causing 49 or more bruises, two skull fractures, multiple hemorraghes and severe inter-cranial bleeding after baby Emerald was taken from her mother by Mendocino County Child Welfare Services staff back on June 28 of last year. The family alleges that Mendocino County was negligent in placing the baby in a home which included a known drug abuser. The wrongful death suit that will follow the criminal case will take some time to reach court, probably after the Tubbs trial is over.

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Lane

Lane

CRIME OF THE WEEK: Shawn Lane, 24, of Sacramento, is accused of multiple felonies for holding three Fort Bragg men hostage in their apartment. During his occupation of the dwelling, Lane repeatedly hit the men — one of them a 65-year-old — with a stick and a metal thermos. To emphasize his menace to his hostages, Lane dramatically killed the family cat as the men apparently looked on. Lane’s connection to his three captives is not known, but he does have a prior for elder abuse in the Sacramento area. The murdered cat was found buried a block from the home where the men were held hostage for at least three days.

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THE FEDERAL lawsuit filed by the Willits Environmental Center, the Sierra Club, the Center for Biological Diversity and the Environmental Protection Information Center against Caltrans and U.S. Army Corps of Engineers opposing the current Willits bypass has been postponed until June 21. Natch, their judicial majesties gave no reason for the delay.

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EDITOR,

OK. So Michael Koepf does not like Dan Hamburg for all of the reasons he laid out. He is after all a namby pamby progressive/environmentalist responsible for our untaxed marijuana cultivation industry. Not that the IRS could not tax the growers out there if it wanted to. Having unclaimed income and evading taxes is against the law. Dan has not crusaded against paying taxes as far as I know. But Michael wants to associate Hamburg with this and all manner of wrong because he obviously does not like him. His arguments are so weak that he has resorted to attacking him for his religious/spiritual associations. If Dan were a Catholic, would Koepf denigrate him for all those pedophile priests? If he were Muslim, would he associate him with Al Qaeda? If he were Jewish, would he blame him for the persecution of the Palistinians (or maybe praise him)? Dan Hamburg’s religious or spiritual predilections, should not be used to denigrate him in a public forum and I object to the AVA’s publishing of such offensive crap.

Dan has chosen to fight the system on a matter that is more than personal to him. His wife’s dying wish was to be planted on their rural property. California is one of the few states that will not allow this ceremonial act and there are those of us who think that California should mind its own business in this regard. Dan knew that there could be (or would be) a problem, so he did not bother to ask for a permission that would not be granted. He is prepared to fight this jurisdictional battle over the disposition of his wife’s remains in court. And I expect at great personal cost in money and stress. He should be given support for this battle rather than criticized by some local goof who has an issue with his politics. He may not become the Rosa Parks of home burials, but he is fighting the same kind of institutionalized disregard for our civil and personal rights.

Nicholas Pinette, Oakland/Point Arena

MICHAEL KOEPF REPLIES:

Dearest Nicholas, the thing about Robespierre is that he never actually cut anybody’s head off. He left that for his Sans-culottes: the fanatic followers that did his chopping. Let’s be clear: it’s sad that Dan lost his wife, but Dan is a known serial activist, and his wife was ill for years, which means he had plenty of time to plan. Frankly, I don’t care where he buried his wife, for as my dear Irish grandmother used to say “if you don’t bury me for the love of it, you’ll bury me for the stink of it.” However, Dan Hamburg is my supervisor and president of the County Board of Supervisors. It’s clear, that as a public official, Dan was well aware of the law prohibiting the backyard burials of cadavers. It’s also clear to the few remaining sober citizens of Mendocino County that Hamburg deliberately set out to break that law and cast himself—once again—into his cherished spotlight of serial activist; this time as a champion of the backyard dead, who you, dear Nicholas, equate with the actions of Rosa Parks!

Now we learn that Dan is suing the county with the apparent help of an attorney who is Dan’s political ally, which means Dan may not pay a dime for his lawsuit. However, Dan is suing for damages, which means another hit on the county budget if Dan’s nuisance suit succeeds. Perfect: Dan gets paid for planting his wife—with a whole lot extra for his grief—and the rest of us have less money to fill the potholes on our roads, or hire deputies to protect our kids. Dan’s a serial activist alright; for himself.

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COMMENT OF THE DAY: “I’ve thought about the place of sports (baseball for me) in the scheme of things. Sometimes when some tragedy happens, people involved in sports will say, ‘It reminds you what is really important — it puts the game in perspective.’ And that’s true, but there is an implication that bothers me — that the games are not very important. Why then am I investing so much time in following them? My answer ultimately has to do with Maslow’s hierarchy of needs. With our basic needs taken care of, we are free to pursue ‘higher’ things. So while a baseball game is less important than a life and death situation, it is also something that fulfills our higher level needs. It is a beautiful thing when we have the security and leisure to pursue baseball. Life at its best is the creation and enjoyment of activities such as this, and we should appreciate our ability to do so.” — Stephen Schmid

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EVERYONE IS INVITED to celebrate all Fathers and Grandfathers at a Benefit for South Coast Senior Center’s Meals On Wheels Program, on Father’s Day, Sunday, June 16th at the VFW Hall, 24000 So. Highway 1, Point Arena, just north of Pt. Arena. The party starts at 12 noon. Entertainment will be provided by FAST COMPANY and DJ SISTER YASMIN, so shine up your dancin’ shoes! Enjoy delicious barbecued chicken and tri tip prepared by Bob Shimon, home made pies and other desserts, and beer and wine. There will be a silent auction, raffle and more. Lots of fun for the whole family! All ages welcome. Information at: 707-882-2137. See you there!! (— Yasmin Solomon)

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Lamberg in various family photos

Lamberg in various family photos

ERIC LAMBERG, 51, of Hermosa Beach, was last seen 11 days ago in Laytonville where he spent two days in a motel. From Laytonville, Lamberg made his way to Fort Bragg, then headed back east on Sherwood Road, a long, rough stretch of dirt road until the pavement resumes near the Sherwood Rez not far from Willits. Lamberg’s van was found in a ditch on Sherwood where bloodhounds picked up the missing man’s scent walking from his van both east and west. Deep Sherwood Road is honeycombed with side roads and its hillsides are covered in thick brush that has grown up after the clearcuts of the 1990s. The region is, of course, prime dope-growing territory. Lamberg is a big guy at 6’5″ and about 220 pounds. His wife says he also suffers from a bipolar condition that can leave him confused. The Lambergs had been on their way to Southern Oregon when Lamberg disappeared. Bloodhounds picked up the scent of where his van was found abandoned in a ditch along a rugged stretch of Sherwood Road, Mendocino County Sheriff’s Capt. Greg Van Patten said. The dogs tracked the scent heading eastward along Sherwood Road, a rugged mostly dirt road that winds through the forest between Willits and Fort Bragg. But the dogs also picked up his scent heading west from the van toward Fort Bragg, suggesting Lamberg may have walked in one direction, then turned around and headed in the other, Van Patten said. “There doesn’t seem to be any signs he went into the forest,” Van Patten said. Lamberg had been suffering from bipolar disorder and was driving to Oregon where he hoped to seek treatment, said his wife, Samantha Lamberg. After Lamberg spent several days in Fort Bragg, his silver 2004 Honda Odyssey broke down May 26 near Leggett and was towed to Laytonville. He seemed anxious over the phone when he told his wife about the problems with the van but then seemed more relaxed after he checked into Laytonville’s Budget Inn, Samantha Lamberg said. He checked out May 28. His wife called authorities May 29 after she hadn’t heard from him. The Sheriff’s Office issued an alert for the van and monitored his cellphone and credit cards, but found no trace of the man, Van Patten said.

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LET THE PEOPLE KNOW

Put Full Texts of Government Contracts Online

By Ralph Nader

Openness in our government is essential for a healthy democracy. When citizens and voters have access to information about the inner workings of their government and representatives, they can cast informed votes. However, when this information remains in the shadows, citizens are left without access to the information necessary for them to properly exercise their civic powers and responsibilities.

Certainly the regular disclosure of how our government spends our tax dollars is extremely important.

In 2006 and 2009, legislation was passed that advanced open government initiatives. With the creation of USASpending.gov in 2006, the public was given access to an online, searchable database that discloses federal financial awards and their recipients. In 2009, the Recovery Act included openness provisions that created a public website to track recovery spending and formed a board that would oversee the Recovery Act funds to prevent waste, fraud, and abuse. These were good first steps, but there is much that is left to be done.

Just last month, President Obama signed an Executive Order and a Policy Directive that would officially require data generated by the federal government to be made available to the public online. As with all open government initiatives, this is a welcome development. But again, President Obama and his colleagues in Congress can – and need to – do more.

Attempting to build on the foundation of the 2006 and 2009 transparency laws, Republican Congressman Darrell Issa and Democrat Senator Mark Warner have been working to advance the DATA Act in the House and Senate. The DATA Act passed the House in April 2012, but was not acted on in the Senate and died in committee in the 112th Congress. The Senate Committee on Homeland Security and Government Affairs did, however, hold a hearing to discuss the bill, titled “Show Me the Money: Improving Transparency of Federal Spending.” During this hearing, despite bipartisan support in Congress, White House representatives from the Office of Management and Budget and the Treasury Department balked at the bill, giving insight to improvements that could be made. Comptroller General Gene Dodaro, however, made it clear that a law is needed to specifically enumerate what information must be reported.

The DATA Act was reintroduced in the 113th Congress (H.R. 2061 and S. 994) at the end of May 2013 and unanimously passed the House Committee on Oversight and Government Reform. It aims to improve the quality of publicly accessible government information, set uniform data standards, collect spending data, and examine the information to root out waste, fraud or abuse.

Neither the President’s Executive Order nor the DATA Act, however, has gone far enough. There remains one crucial provision that is notably absent from both proposals: making full contract texts available online. Unfortunately, when it comes to government spending and government contracts, the devil is in the details. Providing this degree of public access to reporters, scholars, taxpayer associations, and more competitive bidders would be an important step forward. It would help keep corruption in check, hold government accountable for its actions, propagate best practices in contracting, give rise to significant taxpayer savings, and encourage fiscal responsibility.

Each year hundreds of billions of dollars in federal government contracts, grants, leaseholds and licenses are awarded to corporations. Taxpayers should be able to easily access clear and concise information on how their tax dollars are being spent by the government at all levels. This is especially needed in an era of massive outsourcing to large private corporations.

States across the country have been implementing their own open government initiatives in the past several years. States leading the way by consistently moving toward making full contract texts of all direct government spending available online include Arizona, Arkansas, Connecticut, Delaware, Indiana, Kentucky, Massachusetts, Michigan, Mississippi, Nebraska, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Utah, and Texas. Requiring federal agencies and departments to post the full text of all federal contracts online would be the logical next step.

Concerns about confidentiality or cost of such an endeavor are vastly overblown. The computer age should make it possible to efficiently allow for certain redactions related to only legitimate concerns about genuine trade secrets and national security in contracts before they are posted online in a publicly-available database.

To repeat: Let the people know now. No more secret contracts and other deals.

Putting the full text of these contracts online could give taxpayers both savings and better value; lets the media focus more incisively on this vast area of government disbursements to inform the wider public; encourages constructive comments and alarms from the citizenry; and allows research by scholars specializing in the daily government procurement, transfers, subsidies, giveaways, and bailouts.

(Ralph Nader is a consumer advocate, lawyer and author of ‘Only the Super-Rich Can Save Us!’ He is a contributor to ‘Hopeless: Barack Obama and the Politics of Illusion,’ published by AK Press. ‘Hopeless’ is also available in a Kindle edition.)

Mendocino County Today: June 9, 2013

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Soto

Soto

LATE FRIDAY the Highway Patrol released the name of the young man who stole the car of a Coast volunteer firefighter on Wednesday and then lead a parade of cops and firefighters on an exciting high-speed chase over Mountain View Road, through Anderson Valley and up Highway 253 before he was caught when the car had a flat tire. His name is Roman Soto, 23 of Manchester. He was arrested about nine miles up Highway 253 for stealing the vehicle. Somewhat amusingly, he was also charged with “failure to yield, driving on a suspended license and resisting arrest.”

THIS WAS NOT THE FIRST TIME Mr. Soto, who is identified a “Native American” in his booking information, has had contact with local law enforcement. In August of 2012 he was arrested for possession of marijuana for sale, vehicle theft and receiving stolen property at a swap meet. In February 2012 he was arrested for possession of marijuana for sale.

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INNOCENTS ABROAD: Vietnamese cab driver who said he was on one of the last helicopters out in ’75. I mistook him for a Filipino because he wore a jaunty porkpie hat. “Can Pacquiao beat Mayweather?” I asked. “No,” the driver said just prior to identifying himself as Vietnamese. Manny Pacquiao lives in the Tenderloin with his wife in a rent controlled studio. He eats at the excellent Bodega Restaurant at Larkin and Eddy. “The streets in my neighborhood are bad,” he says, “but I stay home most of the time anyway.”

USUAL POINTLESS shoes-off bullshit non-security at the San Francisco Airport, and now we’re in the business class lounge, next door to the first class lounge, far from the sight and sound of the rabble. Free booze, tiny sandwiches, bags of sun chips, corporate art, bananas and apples. First class lounge probably gets bigger sandwiches. My first trip anywhere but coach, in the rear with the gear, as we used to say in another lifetime. Of course the journey to the olde country is funded by Mr. Gatsby, hence business class. The flight is delayed nearly an hour, of course. Many of my fellow adventurers are watching the aftermath of the latest lone nut, this one in Santa Monica. Now that the government has us all under surveillance, the odds of terror attacks and lone nuts has probably doubled. I wonder if the Mendo List Serve is armed?

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HowCalTransSoldON MONDAY, JUNE 10, from 7-9pm two of the most articulate opponents of the Willits Bypass will take their roadshow to the Boonville Firehouse in downtown Boonville with a presentation called “In Defense of Little Lake Valley: Stories From The Campaign to Stop The Caltrans Bypass.” Scheduled guests are Amanda “Warbler” Senseman, AVA contributor and Bypass protester/tree sitter Will Parrish, plus a showing of the fine local documentary “How Caltrans Sold the Willits Bypass.” Will Parrish writes, “In Willits, the California Department of Transportation is in the process of paving paradise to put up an unnecessary freeway. It is arguably the most destructive development project to occur in Mendocino County in decades. It would cost more than $300 million and destroy the largest area of wetlands of any Northern California project in the past half-century, while doing remarkably little to alleviate in-town traffic congestion. Learn about the Bypass from people who have been on the frontlines working to stop it, and also learn how you can be involved.” (Sponsored by: Little Lake Valley Defenders.)

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MENDOCINO COUNTY IS PREPARING to spend much more on capital improvements next year after several years of letting things go for austerity reasons. According to CEO Carmel Angelo’s introduction to next year’s budget, “In the 2012-2013 budget, the County was only able to allocate $105,000 toward the County’s multi- million dollar list of Capital Improvement needs. This recommended budget proposes $1,316,036 be applied to our Capital Improvement Plan to begin to address the priorities identified by the General Services Agency and the Board of Supervisors. Many of these projects are long overdue, especially considering that major investment in capital maintenance and improvements ceased in 2006.

ACCORDING TO General Services Manager Kristin McMenomey: “The following have been identified as unmet General Fund Capital facility needs:

“There are several County facilities that are in critical condition as it pertains to the roofs. The condition of these roofs are the result of many factors, including end of life as well as deferring maintenance resulting in increased damage from normal wear and tear. The following County facilities have been identified as the top priority for roof replacement within the next five years at a minimum:

  • • County Administration Center, Low Gap Road, Ukiah $3,000,000
  • • County Museum, Willits $350,000.
  • • Ukiah Public Health and Mental Health Facility $1,000,000.
  • • Sheriff Training Center, Low Gap Road, Ukiah $300,000.
  • • Yokayo Center (Social Services), State Street, Ukiah $700,000.
  • • Ukiah Veterans Administration Building and Shed $25,000.
  • • Willits Integrated Services Center (WISC), Willits $400,000.

These roofing projects are estimated to cost approximately $6,000,000 over the next five years. GSA anticipates scheduling prioritized roofing projects beginning in FY 13/14.”

IN ADDITION: “County’s Property System — Since 1995, the County of Mendocino has used property system software acquired for ‘at no cost’ from Sutter County. The property system is used to send and track property tax bills, maintain information regarding parcels, record current and historical property assessments, log unsecured assets for billing, and many other functions. The property system is necessary for the collection of well over 100 million dollars of tax revenue per year. The County’s current software system, titled the ‘Mendocino County Property System,’ is obsolete; it features a system code base/language that dates back to the 1970s, and represents a significant risk of catastrophic failure. The property system was created by a County development support staff which no longer exists within the County system. The County has no available staffing resources to utilize, no dedicated vendor maintaining the system, no user documentation and we have extremely limited developer documentation. Recent County staffing retirements and relocations has left the property system without support resources. Soliciting staff to support this outdated system and technology would not be effective or efficient. Currently, County GSA/IS staff expends a great deal of resources attempting to address the performance shortcomings of the current software and continually experiences issues with providing adequate support. Due to the risks involved with maintaining the current software system, coupled with the costs associated with maintaining its platform, it is recommended that the Board of Supervisors authorize staff to begin a review and analysis associated with the replacement of the Mendocino County Property System. The project is estimated to cost up to $1,000,000 with an annual maintenance cost of $100,000. This project is anticipated to be rolled out during FY 14/15.”

THERE’S ALSO AN UNANSWERED QUESTION about the $900k budgeted for retiree healthcare in the context of Obamacare which may or may not cover some or all of it.

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AT THEIR MAY 21 meeting the Board of Supervisors had agenda item entitled: “Discussion and Possible Action Regarding Intergovernmental Memorandum of Understanding (MOU) between the County of Mendocino, Ukiah Valley Fire District, and the Pinoleville Pomo Nation Concerning Mitigation for Off Reservation Impacts Resulting from the Tribe’s Casino and Hotel Project.”

AGENDA SUMMARY: “The Board of Supervisors Ad-Hoc Committee has met and discussed with the Pinoleville Pomo Nation and other interested parties the anticipated offsite impacts of the proposed casino and other related facilities to be constructed at 2150 North State Street, Ukiah, California. The proposed MOU represents the tentative agreements agreed to by the interested parties. It is requested that the Board of Supervisors review and approve the proposed MOU.”

IN THIS CASE, the “mitigation” is: Cash. After several people spoke to the item, both enthusiastically pro and mildly con, the Board had a short discussion of the agreement which has been worked on for several years since the Pinoleville Pomo tribe first proposed building another casino/hotel north of Ukiah right of Highway 101:

HAMBURG: The state approved this arrangement which kind of trumps the county. I know that for myself I have a lot of sympathy with the arguments being made by Ms. Lockhart and Ms. McGee regarding the suitability of the site for a casino given the traffic impacts and the proliferation of casinos all over inland Mendocino County. I just can’t imagine another casino could possibly be profitable in this area. It seems like everybody’s just — every casino kind of cannibalizes every other casino. I just don’t know where all the gamblers are. It’s a sad commentary on our overall society. This is no criticism whatsoever of Native Americans and trying to get money out of these. But it’s really a sad commentary that this is the — what we call economic development in Mendocino County is more and more and more casinos encouraging more and more and more gambling and all the things that go along with gambling problems in our society. The only other thing that I want to make specific reference to is Recital B where it says the county recognizes the tribe as a federally recognized Indian tribe recognized… that’s three recognized in one sentence, that’s pretty tricky English. But anyway, the next sentence, the tribe owns lands within the boundaries of which constitutes the original rancheria land. Now if ever there was a sentence that was built for obfuscation that’s it. I have no idea what that sentence means. And I did pass English. So I don’t know what, I don’t know why anything has to be written in such a confusing manner, but I’m sure there are some lawyer somewhere who was paid $300 an hour to craft that sentence.

MCCOWEN: That may have been one of the true beneficiaries of the agreement.

HAMBURG: I totally agree.

MCCOWEN: But I would point out, and I agree the language is not a model of clarity, but that is the part of the recitals and it’s really not the heart of the agreement.

HAMBURG: I know. I know. I know.

MCCOWEN: But I think it may refer to the fact that the tribe does own land within the boundaries of the original rancheria land and once this parcel is purchased, and it’s my understanding that there is currently some sort of lease-option agreement, but once the tribe knows they are ready to proceed I’m sure they would finalize that purchase and these lands within the boundaries of the original rancheria land will be owned by the tribe. But that certainly could have been stated with greater clarity.

HAMBURG: In English, maybe? In English would have been good.

PINCHES: Obviously what happened in the early 60s when they built the freeway out there that separated if not legally, it separated that piece of property physically from the Pinoleville lands. Then that probably led them to sell it and whatnot, but it physically separated that from the tribal lands. But I’m totally supportive of what the tribe wants to do. Frankly, I think that casino and hotel will do great there for the simple reason that it will be the only gambling facility that’s actually right on 101 Highway. I think that’s really smart. In my opinion.

HAMBURG: What about Coyote Valley? It’s not on 101?

PINCHES: You can’t really see the casino from 101. It’s there, but you don’t see the physical building. It makes a big difference in attracting people that are going through the area. The biggest problem as they move forward is that casino project in Rohnert Park. Otherwise, you’d get a straight shot between here and the Bay Area. So that’s what your investors are going to have to look at. But that’s not the issue we’re talking about. I’m totally supportive of this. You talk about developer fees, do you realize that we are asking the tribe under this agreement to put up front $600,000 a year, actually more than that, it’s over $700,000. But $600,000 of that is going to be on an annual basis. So I guess if this project moves forward the tribe is going to completely bear their fair share to Mendocino County. If I was a tribal member and was committing myself to this I would be a little reluctant although I guess when you run the numbers the investors seem to think that this will all work. But paying this $600,000, basically that’s money up front before you can even start operations.

HAMBURG: It just tells you how lucrative gambling is, John.

PINCHES: Well, I guess so. Anyway, I think the county is getting its fair share for the services that we are going to provide. You look at the $200,000 to pay the sheriff annually, that doesn’t guarantee that the sheriff even has to show up for a call. It’s just says you’re going to pay the sheriff’s office. We don’t ask that from anybody else that’s building a store or anything. We don’t ask for a developer fee from anybody else. But the tribe seems to be in agreement to move forward. So if this moves forward it looks like it’s going to be a good deal for everybody except for the person who needs to gamble.

The Board then voted 4-1 to approve the Memorandum of Agreement with the Pinoleville tribe, 4-1, Hamburg dissenting.

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SONOMA COUNTY has announced plans to do some work at the Charles M. Schulz Sonoma County Airport. According to the Santa Rosa Press Democrat the work involves lengthening the runways which is supposed to somehow give an “economic boost” to the area. But, based on the photo accompanying the news report, we can think of some work at the airport that might take priority over runway lengthening.

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SOUTHERN CALIFORNIA EDISON announced Friday it would shut down the troubled San Onofre nuclear power plant. The move comes 17 months after the San Onofre plant was closed because of problems in steam generator systems. The plant powered about 1.4 million households in Southern California before the outage. Until now, Edison had vowed to restart the plant. But the company released a statement Friday saying it would stop the process to fire up the plant. “We have concluded that the continuing uncertainty about when or if [the plant] might return to service was not good for our customers, our investors, or the need to plan for our region’s long-term electricity needs,” said Ted Craver, chairman and chief executive of Edison International, parent company of SCE. SCE President Ron Litzinger said in a statement: “Looking ahead, we think that our decision to retire the units will eliminate uncertainty and facilitate orderly planning for California’s energy future. Edison International Chief Executive Ted Craver said Friday that the company had spent more than $500 million on replacement power during the plant’s outage. San Onofre Nuclear Generating station was shuttered earlier after a tube in the plant’s replacement steam generator system leaked a small amount of radioactive steam on January 31, 2012. Eight other tubes in the same reactor unit later failed pressure tests, an unprecedented number in the industry, and thousands more tubes in both of the plant’s units showed signs of wear. The wear was blamed on tube vibration caused by excessively dry and high-velocity steam and inadequate support structures, particularly in one of the plant’s two units. Tube vibration and wear has been a problem at other plants, but the specific type of vibration at San Onofre had not been experienced in the industry. Edison and San Diego Gas & Electric (which has a 20% stake in the plant) spent more than $780 million replacing the steam generators several years ago, which ratepayers are now repaying. (Courtesy, the Los Angeles Times)

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Dr. Strada

Dr. Strada

PSYCHOLOGICAL EVALUATION AND TREATMENT OFFERED at North Coast Family Health Center and Mendocino Coast District Hospital — The North Coast Family Health Center and Mendocino Coast District Hospital have added psychological evaluation and treatment to its list of healthcare services offered to residents of the Mendocino Coast. To provide the service, E. Alessandra Strada, PhD, FT, MSCP has joined the MCDH and NCFHC Provider Team as a clinical psychologist. Dr. Strada provides outpatient services at NCFHC and inpatient consultations at MCDH. Dr. Strada holds a PhD in Clinical Psychology, a PhD in East-West Psychology, and a post-doctoral Masters in Psychopharmacology. She is an adjunct associate professor at the California Institute of Integral Studies, and adjunct faculty in the post-doctoral psychopharmacology program at Alliant University, San Francisco. She is a fellow in thanatology, the scientific study of death and its processes and the author of two books on the subject: “The Helping Professional’s Guide to End-of-Life Care: Practical Tools for Emotional, Social and Spiritual Support (Jan. 2, 2013)” and “Grief and Bereavement in the Adult Palliative Care Setting, Oxford American Palliative Care Library (May 7, 2013).” In addition, she is a former assistant professor of neurology and psychiatry at the Albert Einstein College of Medicine and attending psychologist in the department of pain medicine and palliative care at Beth Israel Medical Center in New York City, where she developed and directed the psychology fellowship in pain, palliative, and hospice care. Dr. Strada is also a regular presenter at national and international conferences. Her clinical work and research focus on psychological care in chronic and advanced illness, end-of-life, grief, bereavement in the palliative care setting, and non-pharmacological treatment of chronic pain. Dr. Strada has also worked extensively to promote stress management and burnout prevention for clinicians. Her treatment approaches include integrative use of psychodynamic, existential, and insight-oriented approaches with cognitive behavioral therapy, hypnosis, guided imagery, mindfulness, and meditation. (Coast Hospital Press Release)

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FRED GARDNER WRTES: The picture of the dreadlocked yid on your front page reminded me of an old New York joke:

“What has two legs and sleeps with cats?”

“Mrs. Katz?”

“Wrong, Mrs. Shapiro.”

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The reffing in basketball and umpiring in baseball is so bad that sometimes I just turn off the tube. Friday night Giants pitcher Mark Affeldt had a 2-1 count, threw a strike that got called a ball, walked the batter and then Goldschmidt homered. I don’t usually go for technological fixes, but for calling balls and strikes…

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FIREWOOD PERMIT SALES SUSPENDED on Jackson Demonstration State Forest Fort Bragg– California Department of Forestry and Fire Protection (CAL FIRE) Mendocino Unit is suspending firewood permit sales on Jackson Demonstration State Forest (JDSF), due to the very high demand for permits and a limited supply of available downed wood. Firewood areas will remain open to those with valid permits until the wood supply is gone, September 15th, or the first significant rain which ever occurs first. Information regarding the firewood program is available at the CAL FIRE Fort Bragg office located at, 802 North Main Street, Fort Bragg, CA (707) 964-5674. Office hours are 8-12 & 1-5 Monday through Friday.

Mendocino County Today: June 10, 2013

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A DRAMATIC AGREEMENT HAS BEEN REACHED between the Coast Hospital Employees Union and Coast Hospital which is estimated to save the Hospital $1.85 million. The agreement which was approved by almost 90% of the Hospital’s employees last week, eliminates vacation accrual cash-outs; puts a hold on step increases or bonuses after July 1, 2013, eliminates the 3% salary increase which had been scheduled for July 1, 2013 and cuts the pay of everyone including management across the board by 5% effectively returning pay rates 2011 rates. The Hospital also agrees to withdraw its application to the bankruptcy court regarding voiding the employee contract and leaves all other provisions of that contract in place, including healthcare benefits and pensions, as well as benefits for part-time employees all of which were very important to the union members. Other aspects of the Hospital’s bankruptcy filing remain in place, although that process continues to slog along at a snail’s pace. One of the main objectives of the agreement was to give the Hospital a positive bump to the Hospital’s short-term cash flow to provide some wiggle room in negotiating with other creditors.

THERE IS STILL NO DISCUSSION of the expensive contracts between the doctors and the Hospital, although there has been speculation that perhaps at least some of the doctors would switch from Hospital affiliation to Coast Clinic affiliation which might save the Hospital a significant amount of overhead and provide an alternative funding for the doctors and specialists which has been difficult for the Hospital to cover under current billing arrangements. But such a change would require time and bureaucratic thrashing and is not expected to change the financial picture in the short term.

TWO BOARD SEATS are up for election in November and it will be interesting to see if the bankruptcy situation becomes an issue and who comes forward to run. Long-time observers think that the time might be right to propose an increase in the Hospital District’s parcel tax which hasn’t increased since the District was formed in 1975. The last time a parcel tax increase was proposed was back in the late 1990s during time that the very unpopular and corrupt Bryan Ballard was Hospital CEO. The public was rightly skeptical of giving more money to that corrupt Hospital management team. But now Ballard is gone and the employees have already taken a cut and the argument for a parcel tax increase is much stronger.

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DON’T LEAVE HOME WITHOUT IT. Which I would amend to Don’t Leave Home At All, after a nightmarish two days of missed flights, airport mazes, security hassles, and late-night disorientations through rural Scotland before finally arriving at a place called Hoscote House in the deep sheep-boonies near a Ukiah-sized town pronounced something like Oik.

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BIG BRO STRIKES AGAIN! Calorie labels on wine. How silly. The only people who will read them will be the same people who read the tiny stickers on fresh apples. And more clutter on the bottle.

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A SECOND MYSTERY Willits Coke bottle. The first was found near the Navarro by Dave Severn, and now Nikki and Steve at Petit Teton, formerly the Herried Ranch about six miles south of Boonville, report they, too, have found a bottled-in-Willits Coca Cola bottle.

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MENTAL HEALTH SERVICES in Mendocino County are at best very limited and underfunded, and several high-profile examples of inadequate responses have come to light in recent months and years. The question — or more accurately the done deal — before the Board of Supervisors last May 21 was whether privatizing or contracting out Mental Health Services is the solution.

SEVERAL THINGS make us skeptical of the contracts the Board approved, not the least of them the fact that County School Superintendent Paul Tichinin and a member of his Special Ed staff thought the privatization was a great idea.

TICHININ: “This proposal that has come together is the result of many ongoing discussion within this county by groups such as Impromptu Mustard Seed, like Mendocino Futures, like school districts and superintendents. The Youth Project was actually started with an original grant to the County Office of Education over 30 years ago. So to me the efforts that have gone forward in making this a partnership, in making this something where people are working together, building relationships, working with law enforcement, working with medical professions in the community and with the staff and all of my review of this proposal leaves the mental health department or the County of Mendocino in charge of the upper level management, goal setting and direction for the service and instead you are utilizing the strength of local partnerships to bring forward a type of services that we all deserve to have.”

EVERYONE ELSE who stand to benefit from the privatization, including the therapeutic outfits that the County is contracting with, are also enthusiastically on board, of course, and on May 21 they all came forward to publicly congratulate each other on their wonderful accomplishment.

COUNTY MENTAL HEALTH MANAGER Tom Pinnizotto, one of the key officials in setting up the contracts, told the Board, “We strongly feel that with this collaboration and with the entities coming together that our services will be more comprehensive, more flexible, more bidirectional referral; we’ll see more collaboration care management, we will have levels of care management from assertive to other types, our services will be more coordinated and more community-based.”

THOMAS ORTNER whose company, Ortner Management Group, will get the contract for mental health services for adults 21 and over, told the Board, “This contract includes a multi-tiered crisis response service. Multilayered bidirectional and assertive care management system, a ‘no wrong door’ access system, comprehensive and collaborative system of care, robust quality management system, expanded housing and housing support program. We will work in partnership with the county and act as an extension to the county to serve the needs of the mentally ill adults in Mendocino County.”

JOSEPHINE SILVA, a Willits woman who has attended most of the recent Mental Health Board meetings but who is not on that board nor is she among the beneficiaries of the contracting, was one of the few speakers not to join the cheering. “The proposals indicate that there is about $8.8 million available for the population under 21 years old which is about 25% of the population of Mendocino County,” said Ms. Silva. “The second proposal for adults 21 years and older is worth $6.7 million which is about 75% of the County’s population. It seems to me we should have at least three times that amount for the adult services. I don’t know the details of how this works but you have frequently first-time mental-health episodes happening in the early 20s which means you will need money and a lot of services in the adult contract. But that’s not there apparently. I don’t know how that interfaces with the children’s services contract. I have complete faith in Carmel Angelo. I am sure she will work something out to work with this. But I think the Board needs to address that. Also, with the new healthcare laws, I would expect that primary care services will involve more Medi-Cal people who need mental health services. Also, the grand jury report says that we need to hire more qualified people for mental health services. I have observed many different facilities of the Ortner group in the Northern California area, including their facility in Willits. In Willits, I noticed that there were inadequately trained staff who were not paying attention to people, that there was poor case management, not much interface with families and in addition, there was a very poor interface with Manzanita Services. In Yuba City [where Ortner also has offices] I saw the same situation. I would like to see in this contract a client-to-case-manager ratio written in so that we are guaranteed a certain number of people who will be working with these clients that you are responsible for.”

DAVE EBERLE, President of the County’s employees union, was also critical of the contracting, but some of his claims missed the mark, such as his claim that the Board had somehow violated the Brown Act in preparing the contracts. But Eberle’s complaint that the contracts were developed by insiders without much public involvement was essentially true, although most of “the public” probably knew that they would have fallen asleep in the face of the jargon-laden discussions of the contract provisions that the bureaucrats spent months hammering out. Eberle also complained that the contracts were the result of a conscious effort to undermine the County’s mental health staff to make it look like contracting out was the only solution. “The argument that the County is incapable of providing the needed services is a self-fulfilling prophecy of your own policies and the outcome of your deliberate actions dismantling the department over the last few years. Just seven months ago in November 2012 the mental health apartment had 93 funded positions, but less than half, or 45 of them, were filled. This is part of a pattern of understaffing that has gone on for at least the last two years. You crippled the department, declared it incapable, and then moved to sell off its functions to private bidders. Legally, the county has an obligation to provide quality health services to its residents. The contracting is an abdication of that responsibility. The county can only contract out “special services.” Dismantling its own mental health system does not convert the work into a special service. The law does not let the county used this self-inflicted wound as an excuse. Going through with this now without waiting for these issues to be debated and resolved will only cost the county taxpayers more. On behalf of the Mendocino County citizens and employees we urge you to vote no and instead address these issues in a public forum.”

COUNTY COUNSEL TOM PARKER responded that the County was “not contracting existing services,” that what was contracted for was “enhanced and additional special services, therefore there’s no need for meet and confer.”

PARKER MAY BE NARROWLY CORRECT, but the over $15 million dollars worth of mental health dollars being contracted out, is not new money. Health and Human Services Director Stacy Cryer made it clear that she plans to dismantle and transfer most of the existing mental health line staff to positions that were held open in other branches of her department. Cryer also said that Mental Health positions were not intentionally left vacant, that recruiting was going on. Nevertheless, it does sound like Eberle had a good point. Ms. Cryer also agreed in passing that the idea to specify client to case worker ratios was a good idea that might be talked about later. But given the givens in Mendo, that’s highly unlikely.

IN THE END, after a few nitpicks of the legalese in the contracts from Supervisor John McCowen, the Board voted unanimously to approve the contracts with very little discussion other than heaping more praise on those involved. After the vote the roomful of privatization proponents erupted in applause.

THE DISPROPORTIONATE value of the contracts on juvenile services which have historically been the most lucrative aspects of mental heath service funding makes us think that the contracts were tweaked via input from the prospective bidders to farm out the most well-funded services and programs. Sheriff Allman was on record supporting the contracts, although he wasn’t on hand on May 21 to participate in the cheering section. It remains to be seen if the well-publicized gaps in adult crisis management services which have put much of the first-line mental health job in the hands of local cops will be improved by Mr. Ortner and his admiring cadre of well-paid helping professionals.

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Republican Headquarters in Fort Bragg (Not the meeting location)

Republican Headquarters in Fort Bragg (Not the meeting location)

THE MENDOCINO COUNTY REPUBLICAN CENTRAL COMMITTEE will meet Saturday, June 15, 2013, 10:00 AM  – 12:00 Noon at the Moura Senior Housing, 400 South Street, Fort Bragg, CA 95437.  For further information contact: Stan Anderson, 707-321-2592.

Mendocino County Today: June 11, 2013

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OutsideHawickCOMING FROM the incoherent country of America where town and country have become inseparable, the towns slurbing every which way, Scotland is a revelation. Town is town, country is country, and town ends and country begins with strict borders between the two. Leaving Edinburgh’s airport and driving to my ancestral beginnings at Selkirk, a beautiful little place on a hillside, we were immediately in sheep country whose pastures were neatly marked off by ancient stone walls. Traffic was light, then non-existent when we turned off to the series of one-lane side roads that led eventually to Hoscote House where 17 of us are staying. The Mendo equivalent would be to drive to the very end of Spy Rock, ford the Eel, then drive up into the hills of Covelo, the difference being that Scotland is a much less menacing place than rural America. We even drove through a streambed at one point, making our slow way through scattering sheep and small herds of long-haired red cattle. But we didn’t get into the deep boons until after Selkirk, population 8,000 and the site of Scotland’s first king, a fine fellow by the name of Wallace who’d managed to unite the country’s medieval warring tribes, descendants of the men who’d shed their kilts, painted their balls blue, and came running out at the Romans with broad axes. The Romans enjoyed a good laugh and then cut the blue balled savages down like so many weeds. Five hundred years after the birth of Christ, and after centuries of fending off raiding parties of various nationalities and fighting constantly among themselves, Wallace got these primitive warrior clans united and re-oriented to fight the English by whom he was eventually captured, taken to London and dragged through the streets. To make sure he was dead the Brits pulled him apart, drawing and quartering as it was called. Many Americans, including me, are descended from these Scots. When the lords grabbed off miles of pasture for themselves early in the 19th century, they rounded us up and packed us off to Appalachia. My grandfather, though, made his way from Selkirk to, of all places, Honolulu, where the world’s most uptight persons, the Scots Presbyterians, were proselytizing the world’s least uptight persons, the Hawaiians. Grandad was there primarily to make money but did both. He didn’t think women should wear make-up, and everyone should spend all day Sunday in church. I met elderly people who remembered him. I remember him for rapping my knuckles with a heavy bread knife when I made an unmannerly reach across the dinner table. Locals these days seem free of the old strictures but they still commemorate ancient battles, and as one said, “These hills are all soaked in blood.” I hiked long and hard to an old Roman mile marker deep in the hills where I tried to imagine their route this far north and on into England. On some initial expeditions they marched on through on elephants accompanied by regiments of African warriors, both the elephants and Africans dumbfounding the Scots. To a Californian, 1850 is ancient history. To these people it’s yesterday. I was assured by a friend that “the scones in Scotland are the real thing, the best you’ll ever have.” Well, they invented the things and one would think. But on Day Three of this adventure the scones I’ve tried are so far inferior to the scones of Boonville I’m tempted to mail some Selkirk scones to my informant to show him how wrong he is. We could learn from these people, though. Selkirk, directly on the Scottish tourist path, maintains a public bathroom complete with an on-site attendant. It’s scrupulously clean and comes with changing rooms for families travelling with infants. The towns I’ve seen are deceptively prosperous-looking but unemployment rates exceed twenty percent and many of the shops appear to be struggling. No street people, crazed or otherwise, and every little town with a stream of any size has a streamside walk, and every little town a museum. It’s in the low 70s here, a veritable heat wave people say. The balmy days inspire some people to strip to their skivvies and sunbathe stretched out beside the road. I walked around a bend in a remote road to encounter a couple waxing their car. It would have been impertinent to ask why drive miles from the nearest town to spiff up the transportation.

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Jordan, Audet

Jordan, Audet

THEY’RE BACK, if they ever left: Miss Jacqueline ‘Pixie’ Audet, 23, and Miss Audet’s love interest and road dog, Mr. Don Jordan.

Pixie and Don were drunk in Fort Bragg where, Deputy Riboli reported, they were also camped illegally.

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MARY MOORE WRITES: The Bohemian Grove Action Network will NOT be planning an organized protest this July out at Bohemian Grove. I had earlier sent out the SQUEAKY WHEELS protest (re: sequester cuts led by those in wheelchairs and walkers) and we got plenty of encouraging feedback but when it came to getting folks affected by the cuts (in so many areas) no one showed up to the meetings to do the actual work. It’s disappointing but we also got a late start and realize everyone is in overwhelm so we understand — kind of. There are still some from our group who will make an appearance out there on either July 13 or July 20, the first two Saturdays of the encampment, and I can put you in touch with them. Thanks to all those who did lend actual support and good wishes. I’m turning 78 in July and most everyone in our core group is on the aging train. It is truly time for the next generation to take on the important task of connecting the corporate, financial, governmental and military elite that gather in our backyard every summer. There is now a movie in the works and some of us are still working on a book exposing what we already have on the Lakeside Talks at the Grove (one of the main focuses of our work over the years). The latest membership list is from 2010 and new research is always needed. We now have a website exposebohemiangrove.org and have just started a Facebook page. As you already know we are not conspiracy hounds and have been fighting them off for several years. Reality is truly scary enough — no need to invent or embellish. I can be reached at 707 874 2248 if you need more details but for this year at least there WILL BE NO organized protest in July at Bohemian Grove. Thanks, Mary.”

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LOOKS LIKE A JAM-PACKED Sierra Nevada Music Festival this year. Vehicle camping at the Fairgrounds is already sold out and visitors are being steered to alternate spots such as the AV Brewing lawn at the corner of 253 and 128 or whatever other campgrounds they can find. Limited “Walk In Camping” for three-day ticket holders is still available for 10×10 spaces for three days, maximum of three people per space. In these cases campers will have to park at the High School, so expect crowded conditions all weekend from June 21-23. Organizers have announced that there will be no overnight vehicle parking in downtown Boonville or on the highway. Parking at the high school will require a Festival-issued voucher/sticker. For more information go to snwmf.com.

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DAVE EVANS at the Navarro Store is gearing up for another summer series of events, albeit somewhat scaled back from the high volume of events of some recent years. On Saturday, July 13 Roy Rogers and the Delta Rhythm Kings will highlight an evening dinner show along with some popular local groups (to be announced) starting at 6:30pm. The Navarro Store’s grill serve up their usual tasty barbecue to accompany the show. On August 13 a not-to-be-missed appearance of Charlie Musselwhite is on tap with another line-up of locals filling out the card.

THE NAVARRO STORE’S famous barbecue will be up and running throughout the summer with Neil Kephart serving up grilled specialties every weekend from 11-3. To start with the grill will open this Sunday and Monday (June 16-17) from 11-3; then Saturdays and Sundays for the rest of the summer.

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STATE PARKS OFFICIALS haven’t made an official announcement, but we understand they’ve quietly been forced to close Paul Dimmick Park in Navarro because their generators were stolen by a person or persons unknown a few weeks ago. Without the generators, the basic water, sewer and electrical services have been knocked out with no re-opening date as yet set. To make things worse, their lock boxes were vandalized a few days later.

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Pierce

Pierce

LADIES AND GERMS, introducing Miss Kelsey Pierce, 19, of Ukiah, 5’4″ and 118 pounds, busted for allegedly busting her Sig Other in his undoubtedly deserving chops. Because her bail is set at $25,000 rather than the usual $10,000 Miss Pierce must have struck Lover Man while she was holding something, maybe an electronic gizmo, maybe a whoopee cushion. Whatever, and call us old school, but what kind of shameless wimp-twit would call the police on this fairest bloom of the Ukiah Valley? Wouldn’t a self-respecting man cry out in delight, “Again, Miss Pierce! Hit me again! Slay me even, but I’m at your feet forever.” Instead, this guy calls the cops.

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JOANNE ALDEN WRITES:

Dear friends, I definatly am not big on signing petitions, in fact never when they are outside a market.  But this matter of constant and complete surveillance has got to be exposed, and I am not afraid of these people who think they have enough power to change GOD’s plan for this country;  we have a responsibility to be heard, and it’s pretty obvious voting isn’t the vehicle that works. This is one of the few ways I see that we can speak truth to power.

http://www.causes.com/ReformPatriotAct?utm_campaign=activity_mailer%2Fshare_to_followers&utm_medium=email&utm_source=causes&token=3W9s_B0WzBkhzECF9KTW9xsP

HISTORIC CHALLENGE to Support the Moral Actions of Edward Snowden

by Norman Solomon

In Washington, where the state of war and the surveillance state are one and the same, top officials have begun to call for Edward Snowden’s head. His moral action of whistleblowing — a clarion call for democracy — now awaits our responses.

After nearly 12 years of the “war on terror,” the revelations of recent days are a tremendous challenge to the established order: nonstop warfare, intensifying secrecy and dominant power that equate safe governance with Orwellian surveillance.

In the highest places, there is more than a wisp of panic in rarefied air. It’s not just the National Security Agency that stands exposed; it’s the repressive arrogance perched on the pyramid of power.

Back here on the ground, so many people — appalled by Uncle Sam’s continual morph into Big Brother — have been pushing against the walls of anti-democratic secrecy. Those walls rarely budge, and at times they seem to be closing in, even literally for some (as in the case of heroic whistleblower Bradley Manning). But all the collective pushing has cumulative effects.

In recent days, as news exploded about NSA surveillance, a breakthrough came into sight. Current history may not be an immovable wall; it may be on a hinge. And if we push hard enough, together, there’s no telling what might be possible or achieved.

The gratitude that so many of us now feel toward Edward Snowden raises the question: How can we truly express our appreciation?

A first step is to thank him — publicly and emphatically. You can do that by clicking here to sign the “Thank NSA Whistleblower Edward Snowden” petition, which my colleagues at RootsAction.org will send directly to him, including the individual comments.

But of course saying thank-you is just one small step onto a crucial path. As Snowden faces extradition and vengeful prosecution from the U.S. government, active support will be vital — in the weeks, months and years ahead.

Signing the thank-you petition, I ventured some optimism: “What you’ve done will inspire kindred spirits around the world to take moral action despite the risks.” Bravery for principle can be very contagious.

Edward Snowden has taken nonviolent action to help counter the U.S. government’s one-two punch of extreme secrecy and massive violence. The process has summoned the kind of doublespeak that usually accompanies what cannot stand the light of day.

So, when Snowden’s employer Booz Allen put out a statement Sunday night, it was riddled with official indignation, declaring: “News reports that this individual has claimed to have leaked classified information are shocking, and if accurate, this action represents a grave violation of the code of conduct and core values of our firm.”

What are the “code of conduct” and “core values” of this huge NSA contractor? The conduct of stealthy assistance to the U.S. national security state as it methodically violates civil liberties, and the values of doing just about anything to amass vast corporate profits.

The corporate-government warfare state is enraged that Edward Snowden has broken through with conduct and values that are 180 degrees in a different direction. “I’m not going to hide,” he told the Washington Post on Sunday. “Allowing the U.S. government to intimidate its people with threats of retaliation for revealing wrongdoing is contrary to the public interest.”

When a Post reporter asked whether his revelations would change anything, Snowden replied: “I think they already have. Everyone everywhere now understands how bad things have gotten — and they’re talking about it. They have the power to decide for themselves whether they are willing to sacrifice their privacy to the surveillance state.”

And, when the Post asked about threats to “national security,” Snowden offered an assessment light-years ahead of mainline media’s conventional wisdom: “We managed to survive greater threats in our history than a few disorganized terrorist groups and rogue states without resorting to these sorts of programs. It is not that I do not value intelligence, but that I oppose omniscient, automatic, mass surveillance. That seems to me a greater threat to the institutions of free society than missed intelligence reports, and unworthy of the costs.”

Profoundly, in the early summer of 2013, with his actions and words, Edward Snowden has given aid and comfort to grassroots efforts for democracy. What we do with his brave gift will be our choice.

(Norman Solomon is co-founder of RootsAction.org and founding director of the Institute for Public Accuracy. His books include “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death.”)

Mendocino County Today: June 12, 2013

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BYPASS SCAM REVEALED

Thursday, June 13, 2013. 7pm. Ukiah United Methodist Church. 270 North Pine Street, Ukiah.

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In Willits, the California Department of Transporta­tion is in the process of paving paradise to put up an unnecessary freeway. It is arguably the most destructive development project to occur in Mendocino County in decades. It would cost more than $300 million and destroy the largest area of wetlands of any Northern California project in the past half-century, while doing remarkably little to alleviate in-town traffic congestion. Learn about the Bypass from people who have been on the frontlines working to stop it.

Featuring:

• Ellen Drell, Willits Environmental Center co-foun­der — With her husband, David, Ms. Drell has helped keep Little Lake Valley safe from the Willits Bypass for more than twenty years. The Willits Environmental Center is a party of the Clean Water Act lawsuit that aims to prevent the Bypass, which will have a federal court hearing on June 21st.

• Amanda “The Warbler” Senseman — Earlier this year, “The Warbler” spent 65 days in a Ponderosa pine tree in the southern interchange area of the Bypass route, helping to block construction and galvanizing an energetic struggle to stop the Bypass. She also conducted a 14-day fast to protest Bypass construction. She will share stories from her time in the tree, what motivated her, and the outcomes of her protests. More info: http://www.savelittlelakevalley.org/tree-sits/

• Will Parrish, Anderson Valley Advertiser — Will has written numerous stories about the Bypass struggle, deconstructing the political process that has allowed the Bypass to happen, a process that is hopelessly tilted in CalTrans’ favor, and detailing the ecological and social damage the Bypass has already caused and will cause. He also recently completed a short tree sit blocking con­struction of the Bypass.

More info: http://theava.com/archives/22001 or

http://www.savelittlelakevalley.org/2013/05/21/state­ment-from-red-tailed-hawk-the-greatest-gift-mendocino-county-could-give-the-world-is-to-stop-the-willits-bypass/

• Screening of the film “How Caltrans Sold the Willits Bypass” — This 10 minute short film com­piled by Redwood Valley resident Julia Frech breaks down CalTrans’ faulty and utterly misleading traffic engineering studies and rationale, which they used to sell the Bypass to policy makers and resource agencies.

Sponsored by: Little Lake Valley Defenders. More info: savelittlelakevalley.org; littlelakeactioncamp@gmx.com

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MARSHALL NEWMAN, who has been providing delightful accounts of his life here in Anderson Valley during the 50s, 60s and 70s, lived on a property at the end of Rays Road in Philo that his family named El Ran­cho Navarro. They sold to a Findhorn-like communal group that renamed the place Shenoa, who within a few years sold out to the only people with enough money at the time, the “dot.com” crowd. The current owner, one Jeffery Skoll, worth somewhere around $4 billion according to Forbes for his role in co-founding eBay, is a real piece of work. Wealthy almost beyond belief, Skoll seems to have captured the hearts of many outside the Valley with high profile contributions to what he calls “social entrepreneurship.” In Anderson Valley he is more like a ghost. Initially buying Shenoa under the name 91624 Holdings, LLC without telling anyone who he was, he made all employees sign a contract that they would never reveal his name if they were to ever dis­cover it in the course of their work. Eventually, because that’s what everyone kept calling it, he did start identi­fying the property as Shenoa. There are eight houses and 14 “cabins” which are more like fully addressed small bungalows. Besides a large cafeteria kitchen and dining room, there is a swimming pool and tennis courts all with myriad access to the river. All of this including the residences are unused and have been for a few years except for possibly one living space used by a mysteri­ous woman by the name of Rebecca. Rebecca seems to be the one calling all the shots for Skoll at Shenoa and most of her shots when it comes to local community members have been unfriendly. A recent stroll along the river on the back side of Golden Eye winery has revealed that Shenoa for some reason has reactivated a long inac­tive water pumping site and is currently taking water out of the river throughout a 3 or 4 inch diameter pipe. With record low flows in the Navarro it would seem that such water usage for one single woman undertaking no agri­cultural activities is obscene. We would try to get ahold of Skoll to find out what’s the deal but he has an admin­istrative firewall apparatus built around him that has proved impossible to penetrate. In the Good ol’ USA even the Canadian wealthy do as they damned well please.

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AS PREDICTED, late Monday afternoon local fire spotters saw smoke wafting up from the remote hills north of Fish Rock Road in the vicinity of the Mailliard Ranch near what is known as “Camp Creek.” After con­firmation from a CalFire air spotter, local crews based in Yorkville made their way through the steep terrain to the lightning caused tree-fires which were slowly spreading to nearby grass and put them out.

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LAST YEAR there was a show down of sorts over pub­lic access to the Navarro River in the Philo area. Signs had been suspended on cables across Indian Creek to stop campers at State owned Indian Creek Campgrounds from accessing the river as well as signs posted on the support structure to the Shenoa bridge and one on a pole dug into the river bed itself. People using the river for summer fun and recreation were often accosted by mem­bers of the Van Zandt Resort clan and told it was private property. At one point David Severn’s grandchildren were chased away by a Van Zandt in-law packing a gun on his hip. Severn argued that the California State con­stitution guaranteed public use of California rivers up to the high water mark for all forms of recreation. He pointed out that multiple court rulings upheld this right and challenged those attempting to claim private owner­ship to either back down or go to court. They chose to back down and removed the signs and stated that they would not be chasing anyone away. So it is a new year and though the signs have not been replaced, one man and his son, who were camping at Indian Creek Camp­ground were told by a polite middle aged woman that they were not welcome on the river. We are hoping that this is just a fluke and that not all Van Zandts have been apprised of the current situation and last year’s agreemtn. If not and the run-offs continue we’ll have to sic Severn back on them.

Mendocino County Today: June 13, 2013

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“POSSIBLY MULTIPLE TIMES”? Did the camo-Mex shoot at the deputy or didn’t he? Apparently, and more than once, too.

SHERIFF’S PRESS RELEASE: On June 11, 2013 at about 8:36am Special Agents from the Mendocino Major Crimes Task Force (MMCTF) arrived at a piece of property located in the 20000 block of Tomki Road in Willits, California.

 The MMCTF Special Agents had recently obtained a search warrant based upon an investigation that showed an illegal marijuana growing operation was in existence on the property.

 The Special Agents were assisted in the search warrant service by members of the County of Mendocino Marijuana Eradication Team, California Department of Fish & Wildlife, California Highway Patrol Aviation Division and Mendocino County Probation Department.

 Upon arrival a MMCTF Special Agent (Mendocino County Deputy Sheriff), a California Department of Fish & Wildlife Warden and a Mendocino County Probation Officer encountered a suspect, described as being a Hispanic adult male dressed in camouflage clothing.

 The suspect fled on foot into the property’s heavily wooded terrain and failed to comply with verbal commands to surrender.

 The three listed law enforcement personnel began a search for the suspect who appeared to be unarmed.

 During the search the suspect emerged from an area of bush approximately 30-40 yards from the Deputy Sheriff. 

The suspect was armed with a handgun and immediately shot at the Deputy Sheriff, possibly multiple times. The Deputy Sheriff shot back at the suspect who then fled off into the heavily wooded terrain once again.

Additional law enforcement resources were summoned to the property as a more intensive search was conducted for the suspect.

 The law enforcement resources included personnel from the Mendocino County Sheriff’s Office, California Highway Patrol, California Department of Fish & Wildlife and CalFire prevention officers. 

After several hours of searching the suspect was not located and the search was suspended due to safety concerns.

 The Mendocino County Sheriff’s Office in collaboration with the Mendocino County District Attorney’s Office is conducting an investigation into the shooting incident per county-wide protocol.

 The Deputy Sheriff has been placed on paid administrative at this time.

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LIGHTNING FIRES BURNING ON MENDOCINO NATIONAL FOREST

WILLOWS, Calif. – The Mendocino National Forest is currently locating and taking actions to suppress fires started by lightning during yesterday’s storm. The Forest received several hundred lightning strikes early Monday morning, primarily in the southern half of the Forest. Since yesterday, the Forest has identified approximately 10 fires on the Upper Lake Ranger District on the west side of the Forest and four fires on the Grindstone Ranger District, located on the east side of the Forest. All of the fires are small, between one-tenth and one-quarter of an acre. Most of the fires are contained and currently in patrol status. The Streeter Fire, located off Streeter Ridge on the Upper Lake Ranger District, discovered today at 12:20 p.m. is the only fire currently showing active behavior. It is estimated to be one-quarter acre, burning in heavy slash on steep terrain. The fire had helicopters dropping water to assist in containment. As conditions continue to dry out and warm up, Forest firefighters anticipate discovering more lightning fires in the coming days. Currently the Mendocino National Forest is not under fire restrictions. However, Forest visitors are asked to be careful with fire when recreating on the Forest. Following a very dry winter, there is an increased risk of wildfire this summer on the Mendocino National Forest. To report a fire, please call 911. For more information, please contact the Mendocino National Forest at 530-934-3316, or visit www.fs.usda.gov/mendocino<http://www.fs.usda.gov/mendocino>. Updates are also available on Twitter @MendocinoNF.

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EASY MONEY? Big Orange has plans to install an ugly guard rail on Highway 1 near where it intersects with Highway 128. This easy money construction project is changing the landscape of Mendocino County. During the first “easing” they tore out good culverts and replaced them with new. Since then they have extended guard rails, blocking views and channeling drivers where seldom, if ever, they somehow drove off the road. CalTrans is making these decisions without any input from Mendocino Council of Governments (the local transportation planning organization) and most of them are a waste of money.

ProposedGuardRailStretch* * *

JIM MARTIN, manager of the big and very popular Navarro By The Sea Rebabilitation Project at the Mouth of the Navarro River has written a letter to the California Coastal Commission objecting to Caltrans’ plans to install a guard rail and widen the intersection of Highway 128 and Highway 1, the coastal highway.

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Hi Tamara and Bob,

Sorry for the last minute request regarding the Navarro Caltrans Project. I don’t know what happened to my public notice, but I never received the notice at my permanent mailing address in Emeryville and only found out about the hearing tomorrow when I decided just to check the California Coastal Commission website.

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I am requesting that the CCC please postpone a decision on this matter until at least their next meeting. I understand Caltrans’ desire to have this issue resolved after years in the planning, but there are substantive issues that have not been fully considered. I don’t have time at this late hour to prepare a thorough and appropriate comment letter for the CCC but implore them to allow me the opportunity to evaluate all of the Caltrans data related to safety, accident records, and alternative solutions, and lay out an alternative that addresses their concerns but still serves to minimize compromising the aesthetic beautify of this segment of the Coast and maximizes options for future treatments associated with the Coastal Trail. This is the first point inland visitors experience the open stretch of the Navarro River and have views to Navarro Beach and the ocean, before they even begin to climb the Navarro Grade. And a guard rail along this entire stretch would unnecessarily greatly compromise that aesthetic experience. And widening the road towards the river as proposed would provide no safe options for pedestrians along the straight segment of Highway 1 where a guard rail is now proposed. The same guard rail system that will compromise views of the Navarro River Estuary, Navarro Beach, and Ocean.

I have put in literally thousands of volunteer hours as Board President of Navarro-by-the-Sea Center where we are working diligently to improve the visitor experience and natural habitat in this area. NSCR just received a generous Whale Tail Grant from the CCC to improve the interpretive experience for visitors at Navarro River Redwoods State Parks, which is just south of this proposed Caltrans Project. My request to the CCC to postpone a decision on this application from Caltrans is based on my intimate familiarity with the area and deep sense that this project and the alternatives laid out with input from CCC staff are the wrong solution to address the safety problems, do not protect the sensitive visual resources of this area, and have not considered the limitations for options in the future alignment of the Coastal Trail through this area. I will work diligently with CCC and Caltrans staff to layout my concerns, present options and develop an alternative that addresses all of these concerns. I believe there is a solution, but I just need the time to work with CCC and Caltrans staff to demonstrate that.

Below is a quick outline of my four major concerns, I prepared in an email to one of the Mendocino County Supervisors. I apologize for it being in such a rough form, but I’m running out of time here and think it at least captures the issues.

First, this is going to be an UGLY guard rail that stretches from bridge all the way to the Navarro Grade. I completely understand the importance of extending a guard rail from the point where it currently ends on the Navarro Grade down to the level stretch of Highway 1 where there have fatalities with vehicles ending up in the river. But there is no need for a guard rail with the highway in its current alignment and a natural condition along the level straight alignment, with enough informal shoulder for vehicles to pull over (though they rarely do) and pedestrians to walk safely off the pavement edge.

By relocating the highway closer to the river along this straight shot, they put the edge of pavement right at the top of bank to the Navarro River. And of course then believe they need a guard rail. But in the process they block the first view travelers coming out to the coast have of the ocean and that entire stretch of the Navarro River for almost 1,000 feet. A gorgeous view that should be respected. Think of what happens when you reach the Navarro Grade that has a guard rail along most of it. We need the guard rail there because of the dangerous curves and a steep drop to the river. But the guard rail greatly diminishes the travelers experience and obstructs views, something we have to live with there.

Second, if you’ve ever tried to walk down the Navarro Grade, you take your life in your hands because you are forced to walk on the pavement inside the metal guard rail with sometimes no shoulder and nowhere to go on the outside of the guard rail. It is frightening and the same condition Caltrans is creating along the straight stretch by relocating the highway alignment closer to the river. Right now, pedestrians have a broad place to walk, ten feet or more in width on the south side of the highway. But there will be no room for pedestrians to walk on the outside of the guard rail (the safest place) because the entire shoulder would be occupied by the relocated travel lane and narrow shoulder (take a look at the cross sections and red stakes in the photos in the CCC staff report). Why is Caltrans making this portion of the highway unsafer for pedestrians than it already is when the alignment works fine for the straight stretch?

Third, Caltrans has not considered how these modifications are going to preclude “fitting” the Coastal Trail along this segment of the highway. Right now there is plenty of room to fit the coastal trail along the south side of the highway on the straight stretch, but with the realignment closer to the river and installation of the guard rail there will be no room to fit the coastal trail on this stretch. There are going to be enough challenges finding a solution for safe pedestrian access at the Navarro Grade and we should not be eliminating another 1,000 feet of usable alignment along the straight stretch. The only solution will be a retaining wall cut into the hillside on the north side of the roadway, and expensive proposition that will preclude implementation once the vehicle lanes have been relocated as is currently being considered.

Finally, I’m not happy with the guard rail system that is proposed on both sides of the intersection of Navarro River Road (NRR) with Highway 1 on the south side of the Navarro Bridge. It’s a challenge with the slope of NRR to see oncoming traffic, especially the southbound traffic on Highway 1. I don’t understand why they need guard rails on either side of the entrance to NRR, it just creates this man-made intrusion into an otherwise natural setting. And more money spent on guard rails.

Recommendations – Keep the straight alignment as it is or widen it to just the width necessary to meet standard travel lanes, don’t install the guard rail along this straight stretch that would interrupt views of the river and ocean, and leave room for safer pedestrian access and the future Coastal Trail alignment along this straight stretch. Limit the new guard rails to the curving stretch on the Navarro Grade to connect with the existing guard rail system.

Again, I’m requesting that the CCC please postpone any action on this item until I have had an opportunity to fully explore this issue and present feasible alternatives that consider the future alignment of the Coastal Trail through this area now.

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ALL MARTIN HAS RECEIVED BACK so far from a Ms. Gedik at the Coastal Commission is a link to some Caltrans technical files.

From: Tamara.Gedik@coastal.ca.gov writes:

Hi Jim,

Thank you for taking the time to discuss your concerns with me. With regards to your concerns regarding the justification for the safety needs of the project, I offered to provide you links the collision maps and responses Caltrans has provided to us.

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WHAT ARE THE ADVENTISTS DOING TO HOWARD HOSPITAL?

Editor:

What a difference a year makes!

Howard Hospital, what has happened to the patient/customer friendly small town hospital we had?

Back in 2011, I had the misfortune to be hospitalized FIVE times. Two for elective knee replacements, and three for emergency surgeries. As you can imagine, the hospital bills were staggering. By the grace of God I had purchased my own insurance the year before. Still, the amounts left over after insurance had paid were prohibitive. I received several statements and finally called to inquire about financial assistance. It was granted and the friendly people in the hospital’s finance department were a pleasure to work with.

Fast forward to 2012.

I had some Lab work done on two different occasions. Sept 2012 and Dec. 2012.

I received ONE statement on those accounts after my insurance had paid. Not able to pay at that time, I called and inquired about the same assistance program. Only now I was talking to someone in St. Helena. Something seemed very different! She barely seemed to comprehend the program I was asking about. Finally she understood and the paper work was sent. I filled it out and returned it on Jan. 22, 2013. (It was mailed to St. Helena). I did not hear back from them until Mar. 25, 2013. Assistance was denied.

I called to inquire why it had been denied since my wages had dropped drastically since 2012 when it was approved.

The woman I spoke with said, “Well your tax returns don’t show that.” I said, “Well the new returns would but I don’t have them yet.” They were basing their denial on information that was over a year old. She said I could reapply. The amount of paper work required was daunting. I then asked her if I could arrange to make payments. She said “Yes, you will receive another statement and you can go from there.”

That was the end of March 2013. I never received another statement from them on either account.

It should be noted that this is about the same time that Adventist Health consolidated its billing function for all five its hospitals in its newly formed “Adventists Health Northern Network.” The billing center would now be in Windsor, CA, and about a dozen HMH employees were affected. Patients at Howard Hospital no longer have a friendly, familiar voice to answer your billing questions.

I never heard another word from them until May 26, 2013 when I got a bill from a collection agency for the first bill. I immediately called the number listed at Adventist Financial Services and asked why? “Well, you didn’t pay”.

I asked why I hadn’t received a statement. I was told that the hospital no longer had a record of that account since it was sent to collections, and that I would have to contact that agency about the matter.

I asked about the other account and was told it was “in the chute” to go to collections this week.

I asked how I could stop that from happening. “Pay the bill right now.” she said.

“Can I make a payment on it?” I inquired. “No the whole thing has to be paid,” she said. “That is the only way.”

I asked her why I had not received any more statements after the original one. She had to ask her supervisor. “Well, if the client doesn’t pay after the first one, we assume they aren’t going to pay, so we save on postage by not mailing out multiple statements.”

WHAT??

I asked, “Even if a payment has been made on the account?” (which I had made on this one.)

She said “Yes.”

Well then, how the heck is a person to know how much more they owe? What is happening here? This has all taken place in the last six months! Not a year. Not two. SIX MONTHS!!!!

Is Adventists Health that hard up for cash?

Frank R. Howard Hospital has a reputation for being a treasured gem in our small community. The physicians and nurses and staff provide patient care that is unequaled in most places. And for us to have this in Willits is such a blessing.

In the years before I had insurance, the staff in the back offices of financial services were people we knew. Friendly people who were on your side and eager to help you work through the maze of higher and higher hospital bills. They cared as much about the patient as the doctors and nurses at Howard.

Now, a year later, that is not the case. My impression of the Adventist Health System Finance Dept is that they could care less about the people they are tossing to the proverbial wolves.

I should note that I have taken care of those bills. But, what about the people who don’t have any recourse but to be at their mercy?

What has happened to our friendly little small town hospital?

Nothing good has come from the ever-growing list of changes that Adventist has implemented so far. Is this the price we have to pay for the new hospital?

Please, Howard Hospital, bring back our friendly, small town, superior service. We don’t want you to be “Just like all the others.”

Roni McFadden, Willits

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‘MEET THE ARTISTS’ EXHIBIT TOUR AT GRACE HUDSON — On Sunday, June 23rd, from 2 to 3:30 pm, the Grace Hudson Museum will host a “Meet the Artists” tour of “Points of Encounter: Catherine Woskow and Larry Thomas,” the Museum’s current exhibit of two internationally known and widely exhibited painters. Both Woskow and Thomas will be on hand for the tour, along with Curator Marvin Schenck. The open dialogue between artists, curator, and audience will focus on the inspiration and creative techniques behind the art. The event is free with Museum admission. The Grace Hudson Museum is at 431 S. Main St. in Ukiah and is a part of the City of Ukiah’s Community Services Department. General admission to the Museum is $4, $10 per family, $3 for students and seniors, and free to members or on the first Friday of the month. For more information please go to www.gracehudsonmuseum.org or call 467-2836. — Roberta Werdinger


Mendocino County Today: June 14, 2013

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EdinburghSO THIS IS CIVILIZATION. Spent a day in Edinburgh, concluding that if Americans were still teachable we could learn how to manage cities from the Scots. For example, the center of San Francisco — and let’s call the center of our fairest large town the cable car turnaround at Powell and Market — is a medieval spectacle of drunks, drug addicts, cruising criminals, and the unsequestered insane. At Edinburgh’s civic center a nexus of bus, cab, train, restaurants, and coffee shops in the shadow of the magnificent castle, I counted exactly four bums in as many blocks, three of whom presented neatly printed messages asking for money. With a merry hands-across-the-waters, “Here ya go, pal,” I dropped some coins onto one man’s handkerchief-sized cloth, realizing too late I’d gifted him to the tune of about five bucks because I haven’t mastered the money here. “I’ll be fooked,” the bum exclaimed through a toothless grin. “A fookin’ Yank!” There were no visible lurks of the ubiquitous type menacing the public areas of every city and town of any size in America, and a national health service that treats crazy people rather than freeing them to die on the streets. Of course a national health care system is “socialism,” and we can’t have that, can we?

AS A MENDO-FRISCO GUY where an antiquity is a sagging wooden structure from 1850, Edinburgh, as all the towns I’ve seen, is aulde, as the splendid Princes’ gardens in the town center bear constant reminder. “Christian worship continuously on this site for 13 centuries,” and at regular intervals statues of Western Civ’s pivotal contributors. I paused before the monument to Sir James Young Simpson, inventor of anesthesia, sending up a prayer of gratitude before moving on to Thomas de Quincey, pioneer stoner. This is a very large garden, planted heavily in rhododendrons that made me think of my old friend Vern Piver of Fort Bragg who grew prize-winning rhodos. How Vern would have loved this place where I also marveled at its ecumenism at a plinth commemorating “Friends of the International Brigade Association to honor the memory of those who went from the Lothians and Fife to serve in the war in Spain — 1936-1939.” Denounced and hounded in the US as radicals and communists — “premature anti-fascists” — the International Brigades have been written out of American history. Here, they get a place of eternal honor.

SpanishCivWarMmlTHIS POEM was engraved on the plinth honoring the Scots who fought in Spain:

Not to the fanfare of trumpets

Nor even the shirl of the pipes

Not for the offer of a shilling

Nor to see their names up in lights

Their call was a cry of anguish

From the hearts of people of Spain

Some paid with their lives it is true

Their sacrifice was not in vain

CITIES AND TOWNS END ABRUPTLY in miles of green, sheep-studded open country. Similar landscapes in Liberty Land would be festooned with No Trespassing signs and electric fencing. Here, the population is trusted to walk where they might, the national assumption being that people can be trusted not to violate unimpeded access, including fishing access which is carefully parceled out in between public and private lengths of stream. You pay to fish the private, the public are public.

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NATURE WATCH, MIKE KALANTARIAN WRITES: Wednesday morning, rolling along Highway 128 just east of Navarro, I was startled by the vision of a large white deer descending off the roadway. I pulled over to get a better look. (I’d seen the fabled White Deer of Bell Valley, but compared to this apparition you’d want to rename them off-white or kinda grey.) The doe was vivid albino white and leisurely heading south, through the brush, with two little fawns in tow. The spotted fawns had all their regular brownish stripes and light spots, and weightlessly sprang away when they heard me approaching. Their mom, glowing in the morning light, calmly looked up from her grazing, and I marveled at her ability to, thus far, elude all predators.

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FOR THE FIRST TIME EVER, WE AGREE WITH JARED CARTER. (Of course if Charles Hurwitz wanted to do it…)

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To the Editor: I’ve been following, with sympathy for the parties involved, the issues presented by Dan Hamburg’s decision to bury his wife, Carrie, on their rural property without required governmental approval. Dan’s and Tom Allman’s positions are the easiest to understand. Dan loved his wife; she wanted to be buried there. Tom doesn’t want to precipitate a problem over an issue that will be around for awhile; in the short term nothing turns on the answers, so he wants to sit back an see if and how it works out. Barry Vogel is the guy I’m sorry for. His best pal of many years has done some thing blatantly illegal that is now being publicized, and Barry is expected to come up with a solution. But once the wave of sympathy passes, I’m left with the belief there are a couple of issues pre- sented by these events that are too important to push under the rug. The first is that a modern society, even a small rural society like ours in Mendocino County, won’t work well if either(i) just a few self-selected people like Dan Hamburg, or the rich client Doug Bosco wrote about a few days ago in the Press Democrat, can decide what rules will apply to the use of scarce resources like real estate, or (ii) every property owner can decide for themselves what rules will apply to the use of real estate. The second issue implicates Barry Vogel’s argument that the State constitutional right of privacy allows a surviving husband to bury his wife on a piece of property without regard to State and Local laws governing burials and land use. Probably, or at least possibly, Dan and Barry believe the County Counsel and Board of Supervisors, along with the Sheriff, will want to avoid appearing heavy handed with Dan and will reach a compromise that will allow this grave site to remain where it is and resolve the lawsuit in a manner that even provides Barry with a legal fee, paid by the County, for reaching a successful resolution to a novel and difficult constitutional law question. I think either result would be a serious mistake. It is, and always has been, a basic tenant of State and Federal law that property – real and personal – should be used and usable over time consistently with the rules governing its use. Even an “owner” can’t create a nuisance, pollute, or waste property, thereby taking it out of the economy, because later on its proper use will be important to the viability of the area of its location. Allowing a current owner to devote a parcel of real estate to use as a cemetery is contrary to these concepts, at least without clear rules governing parcel size, additional or future grave sites, maintenance, closure, etc. Obviously, no one would argue that every owner of a city lot can decide by themself to create a permanent grave site on the lot; so, the question arises: how large does the parcel have to be, and what other characteristics must it have, before its owner can unilaterally turn it into a cemetery; does the owner have to accept for burial anyone who applies, or can he/she control access? These questions are too important to let Dan decide by himself. When he became a supervisor he swore to uphold the laws and constitution of the State. He should back off his current stand and do so. But, that’s not the end of the matter. Barry’s constitutional argument should also be expressly rejected, not just left unanswered. The “right of privacy” protects living individuals – that is not Carrie, only Dan – from certain governmental, or governmentally supported, intrusions. It does not provide an individual with authority to overturn or ignore existing, well established rules in order to carry out private desires that can be attained only by violating existing law. The County Counsel and the Sheriff need to make that clear, not back away from the issue. — Jared G. Carter Ukiah

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A PRETEXT STOP WITHOUT A PESKY PRETEXT.

A READER, looking at a recent Sheriff’s Press Release, notes:

Manscratcher of the week: Nuchols, arrested for scratching her beau. By the way, investigative traffic stops are unconstitutional, unless there’s an actual traffic violation.

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ChristinaNucholsOn June 7, 2013, at about 6:57pm, Deputies from the Mendocino County Sheriff’s Office were dispatched to the 700 block of Port Road in Point Arena for a reported domestic related dispute. Deputies also received information that the involved parties were associated with a newer black Ford Mustang. While responding to the location, Deputies observed a vehicle leaving the area that matched the provided description. Deputies initiated an investigative traffic stop on the vehicle and made contact with the two occupants. Both occupants readily admitted to being cohabitating partners and the involved parties of the reported dispute. Deputies observed that the adult male had a visible injury to his arm and observed that the female, Christina Nuchols, 36, of Glenhaven, California, was intoxicated. Deputies were able to determine, by speaking to both parties, that Nuchols scratched the male during the alcohol related argument and caused the observed injuries to the male. Nuchols was subsequently arrested and transported to the Mendocino County Jail where she was booked on the open charge of Domestic Violence Battery and held in lieu of $25,000.00 bail. Nuchols was also booked on two active arrest warrants issued out of Colusa County. Nuchols had a $25,000 bail felony warrant for possession of a controlled substance and a $10,000 bail misdemeanor warrant for being under the influence of a controlled substance.

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THE WILLITS POLICE have determined that the razor-in-the-burger was indeed in the burger but had fallen there accidentally. 2 inch blades are used to clean the grill, and substitute blades are stored above it. The razor-burger’s purchaser was not injured. Mendocino County’s hard-hitting Health Department has advised the franchise to store the blades away from the grill.

TO MANY HUMBOLDTIANS, Willits is predominantly a place where a brief, internal “taco or burger” debate is waged as part of a trip down the 101 to catch a more dependable flight. Well, perhaps you should watch the following impressively thorough news report courtesy of Nick Monacelli of Sacramento’s ABC News 10 — a rising star if ever there was one. It may influence your future decisions. It seems, sometimes, Willits’ fast food restaurants let razor blades slip into their hamburgers. Specifically, between the cheese and the meat. Read this story by by Nick Monacelli of KXTV out of Sacramento about 46-year-old Yolanda Orozco’s chilling tale and then ask yourself this question: If we don’t build that Willits Bypass, am I next? (Hank Sims — Courtesy, LostCoastOutpost.com)

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Willits, California — A local woman bit into her Burger King hamburger and found a razor blade.

YolandaOrozcoOn June 2, relatives of 46-year-old Yolanda Orozco went to the Burger King in Willits and ordered a few hamburgers.

“I bit off of it, I checked for onions and then I saw a razor blade in there,” said Orozco.

Fortunately, she didn’t take a big bite.

“I was in shock. I was just looking at it. Somebody at Burger King was careless,” she said.

Officer Mark McNelley with the Willits Police Department took the call.

“To be honest with you, I thought it was going to be a hoax,” he said.

The razor blade was the kind that can be bought at almost any hardware store. It had a single edge and “009-RD” etched into the side.

Orozco said the blade was hidden between the burger meat and the cheese.

McNelley and his partner spent six hours investigating, trying to determine who was malicious enough to intentionally place the razor on the burger.

However, they soon discovered there was no criminal wrongdoing, that no one intentionally did this. Rather, the officers determined it was an accident that could have easily been prevented.

That night, Burger King employees took the officers on a tour of the restaurant.

“And that’s when we saw the disconcerting sign of three other razor blades in close proximity to food,” McNelley said.

In such close proximity, one blade apparently fell onto Orozco’s burger.

According to the police report, employees told officers they use the razor blades for cleaning purposes. McNelley found them above the condiment area, on the counter in front of and even above the burger warming trays.

“I was definitely surprised. I didn’t expect to see that,” McNelley said.

Because no one broke any laws, the Willits Police Department has closed its investigation, but the Mendocino County Department of Environmental Health has stepped in.

Inspectors are mandating better training and a better system to track and store the blades.

Orozco said management from the restaurant has contacted her.

“They’ve called me and offered to see what I need. But right now, I’m just really paranoid,” Orozco said.

The Burger King Corporation issued a statement, reading:

Food safety is a top priority for BURGER KING® restaurants globally. Burger King Corp. has strict food handling and guest policies and procedures in place that all crew members are required to follow. Franchisees are responsible for implementing these policies and emphasize the proper food safety procedures to all crew members. The franchisee, who independently owns and operates this restaurant, is fully cooperating with the Willits Police Department.

Burger King’s media relations department did not respond when asked if using razor blades to clean was an accepted practice at its restaurants.

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CONTINUING the drive to rebuild the state’s infrastructure, the California Transportation Commission (CTC) today allocated $1 billion in funding for 153 transportation projects that will strengthen the state’s economy by sustaining and creating jobs while providing congestion relief for motorists statewide.

“We’re building transportation improvements that will benefit the state for decades to come and boost job growth in every region of California,” said Caltrans Director Malcolm Dougherty.

The allocations include nearly $541 million from Proposition 1B, a 2006 voter-approved transportation bond. In total, more than $15.5 billion in Proposition 1B funds have been put to work statewide.

Highlights of the funding allocations include:

Humboldt County – About $2 million to seismic retrofit three bridges along Route 101 near Trinidad.

Mendocino County – Almost $560 thousand to improve the intersection of Routes 1 and 20 near Fort Bragg to meet Americans with Disabilities Act (ADA) requirements. (Caltrans Press Release)

Mendocino County Today: June 15, 2013

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LAST WEEK the Santa Rosa Press Democrat ran a story titled, “Winegrowers facing labor hurdles as harvest season approaches.”

The story began “Grape growers and farmers throughout the state are facing a range of challenges finding and holding on to laborers as they head into harvest.”

That was followed by this claim: “State enforcement agencies are cracking down on wage and labor violations, labor groups and activists are targeting farm companies with negative campaigns, and fewer workers are crossing the border from Mexico, grape growers were told Friday at the annual trade show held by Sonoma County Winegrowers.”

And: “Unions have been emboldened by recent changes to the California Agricultural Labor Relations Act…”

Trouble is, there’s no evidence that any of that is true.

“Unions”?

There’s only one “union” in California that might be “emboldened” by recent changes to the CALRA. That would be the United Farm Workers. A quick look at their webpage called “key campaigns” deals with immigration, heat-related injuries, a not-yet-passed bill to make it a bit easier for workers to join unions, the harm caused by methyl bromide and methyl iodide, etc. There’s nothing about “negative campaigns” against growers, nor does the UFW even have a facebook page.

There are no news stories, no press releases, no new government programs…

Nor could we find any evidence of “recent changes to the California Agricultural Labor Relations Act.” (There are some bills pending, but they’re far from enactment.)

The California Farm Bureau issued a report earlier this month called “On-farm labor: As harvest pace builds, farmers report shortages.”

What does the very conservative Farm Bureau think the reasons for labor shortages are?

“California Farm Bureau Federation Director of Labor Affairs Bryan Little, who also serves as chief operating officer for the Farm Employers Labor Service, said he believes the reasons for the shortages are similar to those reported last year, including an aging workforce, people not coming to California to work, and an improved Mexican economy. Plus, Little said, people in Mexico talk to their relatives here and learn that the US economy remains sluggish. ‘Everyone that I’ve talked to seems to be having trouble finding people,’ Little said. ‘The side-effect of short labor is that workers have a lot more leverage, so they can be pickier about what work they’ll accept. I think growers are already adjusting to that by paying higher wages’.”

There’s nothing in that lengthy Farm Bureau report about agency crackdowns, negative campaigns, or any targeting of farm companies for anything.

So where does all this obviously baseless paranoia come from?

Saqui

Saqui

It turns out that the PD reporter, Cathy Bussewitz, went to a trade show (ironically sponsored by the Sonoma County Farm Bureau) and wrote down what a self-described labor attorney out of the central valley named Michael Saqui said as if he was some kind of authority. Mr. Saqui’s business depends on scaring growers into thinking their workers are out to get them, when actually all most workers are out to get is fair wages and working conditions.

Mr. Saqui rattled off a standard list of rural labor myths, regardless of truth or applicability, and Ms. Bussewitz duly wrote them down and the PD duly printed them. Just like Mr. Saqui wanted.

The only labor problem mentioned by Saqui that has any validity is the obvious fact that border crossings have become difficult lately and the country’s immigration problems remain in the hands of people who either don’t want to solve it or have no clue how to solve it.

The closest Mr. Saqui got to a specific labor problem was, “In one case, a tomato grower represented by Saqui did not know it had been hit with a labor relations complaint until the retailer that sold its tomatoes was targeted in a social media campaign, Saqui said. ‘We had no idea that they had filed unfair labor practices against us, because we had not been served with them,’ Saqui said.”

Does that sound credible to you? Mr. Saqui, a supposedly experienced attorney for ag employers, didn’t know that a complaint had been filed against his client?

And, does that even sound like a serious problem at all?

Of course not.

Nor does Mr. Saqui describe the “labor relations complaint” itself, just that he said he didn’t get served with it — which means it was a legitimate complaint.

We were unable to find any examples of a tomato retailer being targeted in a social media campaign. (There were some labor complaints about fast food joints using burger-tomatoes picked by underpaid workers in Florida back in 2005 or earlier. Surely Mr. Saqui couldn’t be referring to that case, could he?)

We wasted almost an hour of on-line searching and we could not find any evidence of any state agency cracking down on any farm labor violations. Nor could we find any evidence of “labor groups” (aka unions) targeting farm companies with negative campaigns.

We did find that fewer farmworkers are crossing the border from Mexico.

But we also found that some farm workers in marijuana country have discovered that growing pot pays more than the non-unionized mostly seasonal jobs offered by grape growers, most of which come with no benefits, and the few “benefits” that are offered (such as water, field latrines, transportation, etc.) are offered grudgingly or because they are legally required.

When it comes to farm labor issues, you’re actually better off going to the obviously biased reporting of the California Farm Bureau than you are of the supposedly “objective” reporting of the most prominent daily paper on the northcoast.

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IN THE GRAND TRADITION of imperial fraud, Obama will provide weapons to the Syrian rebels, many of whom are Taliban-oriented fanatics. Now, within our lifetimes, we’ve had the Gulf of Tonkin pretext to kick off the failed war on Vietnam; conjured weapons of mass destruction in Iraq that destroyed that society, leaving it in a permanent state of civil war; a war on Afghanistan that will return that country to the Taliban and warlords as soon as we withdraw; and now we have a bogus pretext of poison warfare to obligate us for years to people who hate US. Meanwhile, here at home, social chaos and onrushing, full-on economic depression.

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OBAMA: SWEAT THE SMALL STUFF FOR BIG JUSTICE

Time for the American People to Take Greater Charge

By Ralph Nader

The imaginative uses of the mighty presidency in American history and its bully pulpit have rarely been much above amateurish when it comes to helping people empower themselves. This has been the case even when the same party controls the White House and both Houses of Congress.

Consider the last opportunities when Clinton and Obama were in that enviable position, during 1993-1994 and 2009-2010, respectively. Both Clinton and Obama fell short, unable even to get an adequate public works agenda passed through Congress (Repair America) that would have produced good, un-exportable jobs in many communities.

Now Obama has lots of excuses as to why this and that cannot be accomplished. Due to his and the congressional Democrats’ inept political hands against the vulnerably vicious and corporatist Republican Party, Obama points to the Republican’s email Senate filibusters, and the stubborn postures of Reps. John Boehner and Eric Cantor as reasons for not really pushing, for example, for a very popular minimum wage that catches up with 1968, inflation-adjusted. (See timeforaraise.org.)

So let’s lower the bar and ask why Mr. Obama doesn’t just use his high visibility to put forces in motion that strengthen our democratic society without requiring legislation or tax revenues? Here are some suggestions, out of many:

1. Obama could announce his desire to speak to a convocation of leaders of national civic groups that have millions of members around the country. He could highlight their good works via the mass media. He could prompt more philanthropy, especially from the very rich, to these worthy organizations that work to help the poor, children, the environment, beleaguered communities and others in need. An annual increase of only $10 billion in private donations for more staff positions would produce more than 300,000 jobs a year and provide serious help to millions of people.

I wrote the president last year urging him to visit any Washington, D.C. hotel ballroom to meet with civic leaders, as did president-elect Jimmy Carter in 1976. The office of Michelle Obama replied that his schedule did not have time for such a gathering. Yet, he has gone to numerous distant factories to promote products, even going all the way to India to urge Indians to purchase Harley-Davidson motorcycles and Boeing airplanes.

2. After graduating from Columbia University, young Barack Obama worked for a few months at the New York Public Interest Research Group (NYPIRG) – a large and well-regarded, student-funded public interest organization involved in numerous community improvements around the state – advocating justice, not charity.

PIRGs operate in about 30 states. Not once has Obama addressed their gatherings and urged that all colleges and universities should provide similar check-offs that would enable millions of students to develop extracurricular civic skills and experiences while improving their society.

Engaging civil society helps balance Obama’s exhortations to students to seek occupational training at institutions of higher education. The president has declined to use his community organizing reputation in New York and Chicago to focus the public and the media on such simple ways to strengthen our weakening democracy.

There is no need to dwell much on comparisons of how much time he has spent cloistered with very wealthy campaign contributors who are further undermining our democracy.

3. The warring president might expend some of his fame to bring attention to those Americans who are waging peace through direct field involvement, advocacy or with peace studies. The corporate-criminal class gets the presence of the president at trade association meetings, but not the likes of the American Friends Service Committee or Colman McCarthy’s Center for Teaching Peace working to expand peace studies curricula at high schools and colleges (http://washingtonpeacecenter.net).

4. What about visiting events defending unions under attack by right-wing governors and their corporatist allies or encouraging workers in large companies to unionize as he subsidizes these corporate bosses with many programs?

Remarkably, President Obama studiously avoided going to Madison, Wisconsin in 2011 to support the rallying of workers against Governor Scott Walker’s moves to stripmine worker rights. He also banned Vice President Joe Biden (a self-styled union man) from accepting an invitation there by the Wisconsin Labor Federation.

By contrast, he walked across Lafayette Park in February 2011 to pay homage to the chronically selfish and anti-labor U.S. Chamber of Commerce. He could have gone around the corner to visit the AFL-CIO representing 13 million American workers, but he declined.

5. Championing, through check-off facilities, so that people can voluntarily band together around specific endeavors would be easy for the president. He could start by establishing check-offs for taxpayer watchdog associations on the 1040 tax return and periodic postal notices to residential addresses inviting people to join a postal consumers’ group. Corporations are massively over-represented compared to citizens at the councils of government.

All companies receiving corporate welfare from taxpayers should be required, as a condition of getting these subsidies, handouts and bailouts, to include in their bills and communications with customers invitations for consumers to band together and support nonprofit organizations with full-time consumer champions fighting for their rights.

Just about every industry in the country – banking, utilities, insurance, fuel, healthcare, food – is on the dole, one way or the other. This simple reciprocity would facilitate tens of millions of Americans to have an organized voice and expertise to defend and extend their livelihoods (http://www.citizensutilityboard.org/).

If President Obama sweats the small stuff, he will empower the American people to take greater charge of their government and their future over the destructive and cowardly corporatism that now dominates Washington, D.C.

(Ralph Nader is a consumer advocate, lawyer and author of Only the Super-Rich Can Save Us! He is a contributor to Hopeless: Barack Obama and the Politics of Illusion, published by AK Press. Hopeless is also available in a Kindle edition.)

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REGARDING last week’s item about billionaire Jeffrey Skoll’s local property known as Shenoa and his direct pumping from the river during record low flows, a knowledgeable local writes that Skoll’s pumping is probably legal: “The Shenoa property has had permitted riparian water rights to Rancheria Creek since July 19, 1956. The permit — though hard to find — can be seen on the internet. Water from the river was used for pasture irrigation from the late 1950s through at least the late 1980s. This permitted use predates EVERY current vineyard on the floor of Anderson Valley and certainly predates the wholesale granting of riparian rights in the 1990s (?) to some 50 or 60 vineyards (or, in some cases, individuals) that were pumping water illegally from the Navarro River watershed before they were caught. Although there has been a long hiatus between the previous use of the riparian right and the current use, it is permitted use. In short, Shenoa and Jeff Skoll have done nothing wrong here. I think acknowledging such would be a nice gesture.”

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CONGRESSMAN HUFFMAN’S LATEST STUNT: Your Congressman Will Limit Himself to $4.50 Per Day For Food — for a Week.

Atta, Huff! Press release from the office of Jared Huffman:

Congressman Jared Huffman (D-San Rafael) will take the SNAP Challenge next week, limiting himself to $4.50 per day for food, the average daily benefit for a recipient of the Supplemental Nutrition Assistance Program (SNAP), formerly known as “food stamps.” This coincides with consideration of the House Farm Bill, authored by Chairman Frank Lucas (R-OK) which cuts $20 billion from SNAP. This bill will eliminate food assistance to nearly two million low-income Americans, and shuts 210,000 children out of free or reduced-cost school meals. Huffman will participate in the SNAP challenge for five days, starting Monday, June 17 and will keep a record on Twitter and Facebook.

“SNAP is a lifeline for millions of Americans families who cannot afford to eat without this modest assistance. That’s why the proposal by House Republican Leadership to slash funding for SNAP is so unconscionable,” Congressman Huffman said. “We need Congress to understand what these cruel austerity measures mean on a personal level rather than a generic statistical sample, which is why I’m taking the SNAP Challenge next week and learning what it means to live off of the average SNAP recipient’s $4.50 a day.”

47 million, or one in seven Americans, receives SNAP benefits. Nearly 75% of SNAP recipients are families with children, and more than a quarter of SNAP recipients are households with seniors or people with disabilities. Under the House Farm Bill, 850,000 households would lose an average of $90—nearly a full week’s worth of groceries—per month.

A provision in the bill would cause many working households to lose all their SNAP benefits merely because they own a car. For many families on the North Coast, a car isn’t a luxury—it’s a necessity for families who commute to work.

According to the Center on Budget and Policy Priorities, nearly 95 percent of federal SNAP spending goes directly to families to buy food. The remaining funding goes toward administrative costs, including reviews to determine that applicants are eligible, monitoring of retailers that accept SNAP, and anti-fraud activities.

— Andrew Goff (Courtesy, LostCoastOutpost.com)

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THIRTY-EIGHT POETS with other friends of the lively word, participated in the 38th Anniversary marathon Mendocino Spring Poetry Celebration at the Hill House — the ninth annual revival of this event, commemorating earlier readings in Mendocino town, as well as early activity in the ongoing poetry  communities of Point Arena, Ukiah, Willits, and elsewhere in the north counties.   Heard were Dan Essman, Zo Abell, Theresa Whitehill, Oasis, Jay Frankston, Dan Roberts, Roberta  Wertinger, Louisa Arenow, David Cesario, Steve Hellman, Jeanine Pfeiffer, Janferie Stone, Jewels  Marcus, Janice Blue, Marylin Motherbear Scott, Maureen Eppstein, Scott Croghan, Joe Smith,  Bill Bradd, Gordon Black, Tara Sufiana, Jacquelin Hewett, Cheri Ause, Janet DeBar, ruth weiss, Sharon Doubiago, Robert Yoder, Zida Borsich, Craig Chaffin, Michael Riedell, Linda Noel, Laura  West, Ethel Mays, Mitchell Holman, Rob Haughwout, Virginia Sharkey, Debra Pollen, Sam Edwards.  Pictures of the readers may be viewed here: https://www.facebook.com/media/set/?set=a.10200599814452396.1073741824.1070514439&type=1&l=2e3678c17f  Bassist Richard Cooper provided music. Choice comestibles were served. The readings were held in two sessions—one beginning at noon, the other at 6:00 PM, each with a break. Between the two sessions, participants enjoyed the town and the coastal headlands.  Dan Roberts conducted the readings and recorded poems to be broadcast in coming weeks on KZYX&Z,  90.7 FM in Philo, Public Broadcasting for Mendocino County.  Dan’s radio show, RhythmRunningRiver, admirably combines music and poetry. It is heard from  2:00 to 4:00 PM, West Coast time, on alternate Sundays, and streams at kzyx.org.  The event was produced by Gordon Black. Keep reading, keep writing!

Mendocino County Today: June 16, 2013

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AMERICA BEING A NEW COUNTRY, and now a fragged people who don’t know their neighbors let alone honor anything resembling the community we once knew, ancient Selkirk is a reminder, to this American, of how much we’ve lost. Imagine Thanksgiving, the homecoming game, the 4th of July, the county fair, a commemorative Veteran’s Day honoring the fallen all the way back to the Vikings, and the American begins to grasp the significance of what community history is to Selkirk. Half of my family rose from this place, a hill town in an area called The Borders not far from England whose bandits the Scots fought off for hundreds of years. The men doing the fighting are typically described as “ferocious,” in a culture emphasizing hardiness, tenacity and courage. Twenty of us are here to celebrate all of the above.

In 1913 my grandfather, a native of the town where his father had been a magistrate, was standard bearer for an ongoing event commemorating both the Battle of Flodden some 400 years ago and the ancient practice of common riding.

commonridingFletcherSelkirk’s warriors had joined an invasion of England under their last king, James, meeting the Brits at Flodden for a thorough defeat. Only one Selkirkian, a man named Fletcher, survived. He staggered back into town with Selkirk’s battle flag, waving it in slow, sad flourishes to silently explain the catastrophe to the townspeople. And then he dropped dead.

The common riding came later. It was an annual mass horse patrol of the town’s grazing areas to ensure that the savages the next ridge over hadn’t intruded. “These hills are soaked in blood,” a local summed up the area’s history, “all the way back and before the Romans.”

StandardBearerIt’s a great honor to be selected standard bearer as the population from miles around remembers the Battle of Flodden and recalls the days of the Commons patrols. In 1913, my grandfather was a standard bearer representing the Colonial Society, which is not a collection of nostalgic imperialists, but an association of men and women drawn from the vast Scots diaspora. Us returnees were acknowledged as exiles in a large ceremony featuring some witty speeches — “I won’t say why Mr. Anderson was exiled” — and quite moving songs celebrating the beauty of the town. This year, my nephew, Robert Mailer Anderson, was standard bearer, a tense responsibility that culminates with the complicated flag ritual in which the standard bearers, in multi-step, choreographed moves set to a single trumpet (I think), re-enact that single surviving warrior’s return from the Battle of Flodden more than 400 years ago.

The standard bearer performs the flag ceremony before the whole town. Thousands of people assemble in the town square, all of them intently focused on the American to see if he can manage the physically taxing ritual. Nephew managed in fine style to huge applause.

Earlier in the day, came the Common Riding, several hundred horsemen thundering down the hill, then galloping back up the hill, a stunningly beautiful panorama of charging horses like this guy has never seen.

Selkirk takes these events quite seriously. The whole town turns out, from small children to ancient crones in wheelchairs. As a citizen of a rootless country now characterized by soul-destroying visual uniformity, the presence of so many young people at the week-long series struck me particularly; they were not only growing up in a place architecturally unchanged for centuries, their pride in sense of place was evident when they joined in the hearty, commemorative sing-a-longs. The work of local poets, including Walter Scott, hung from many walls of the town center which, at every turn, presents vistas of meandering stone walls, gardens, tree-lined lanes, and formidable old houses, large and small, also made of stone. And everywhere large, florid men and women. My people! My people! I felt right at home.

Anderson Road, Selkirk, Scotland

Anderson Road, Selkirk, Scotland

I was standing outside one event when there was a burst of applause to which a passing pedestrian responded, “Must have been another lie.” He didn’t laugh, but a mere visitor isn’t likely to understand the variety of local sentiment. Imagine a visiting Scot stumbling across the Mendocino List Serve! He’d think he’d wandered into a back ward of The Bin, but certainly wouldn’t conclude he was reading prevalent American opinion.

FOOTNOTE: The Scots under King James had invaded England where they fought the English of Henry the 8th led by the Earl of Surrey. The English won such a decisive victory, that was the end of kings for Scotland. Only one man from Selkirk’s contingent made it home. James himself went down fighting. Many of the Scot troops were aristocrats, as were the Brit soldiers. Those were the days that the ruling classes were at the front themselves.

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JOHN CHAMBERLIN has died. A well-known artist and musician on the Mendocino Coast for more than forty years, Chamberlin’s ingenuous graphics were often featured on event posters, and he was just as well-known for his gifts as a musician.

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A GIANT REDWOOD FOREST in northern Sonoma County that was on the verge of being divvied up and plowed over into a patchwork of high-end vineyards has been preserved by a public-private partnership that engineered what is being touted as the largest land conservation deal in California history.

The group, led by the east-coast based nonprofit Conservation Fund, purchased 19,645 acres of forest known as Preservation Ranch, just east of Annapolis, saving the vast ridgetop groves of redwood from being plowed over for vineyards.

The $24.5.million purchase is part of an effort by the fund to eventually preserve more than 125,000 acres of Douglas fir and redwood forest and use sustainable management practices to conserve critical habitat, restore native watersheds and support local economies through “light-touch” timber management.

 The ranch, which is 13 times larger than Golden Gate Park and will be renamed Buckeye Forest, is part of an experiment in Northern California in which redwood groves are being preserved and selectively logged in a way that allows the overall forest to grow faster, enabling the owners to gain credits in the state’s emerging carbon market.

The plan is to improve creek habitat for steelhead trout and restore coho salmon, which were wiped out in the area by repeated logging in the past. Several hundred miles of logging roads will be re-engineered or removed in an attempt to cut erosion and sedimentation that Kelly said devastated spawning habitat in Buckeye Creek and the other streams that drain into the Gualala River. (Courtesy, the San Francisco Chronicle)

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Redmond

Redmond

TIM REDMOND has been ousted from his long-time position as the main guy at the San Francisco Bay Guardian. This isn’t good news for what’s left of independent journalism in San Francisco. Redmond has been an unwavering voice for The City’s beleagured working people, its renters and all the ordinary people who make The City go, a city long under the sway of big money Democrats. He’s also been a strong voice for what’s left of progressive political opinion generally.

THE GUARDIAN, the SF Weekly and the SF Examiner are owned by a newspaper chain whose idea of newspapering is life style fluff. As free papers they depend on advertising and legal ads, and, one supposes, the latest in food and tattoos brings in the do re mi.

IT DOESN’T, and newspapers in print form are on the way out anyway, pushed aside by millions of bloggers and the Gizmo-dependent young who don’t read anything longer than a tweet. San Francisco is now a one paper town, the fast-fading Chronicle, editorially captive of the forces Redmond has always resisted.

Vogt

Vogt

ACCORDING TO fogcityjournal.com, a guy named Todd Vogt who co-owns the San Francisco Newspaper Company which owns the Bay Guardian, “axed Redmond for refusing to cut three of six newsroom staff, according to a reliable source who did not want to be cited by name because of fear of retribution. Vogt is claiming to others within the organization that Redmond resigned, ‘which is a lie,’ the source said. Reached by phone, Redmond told FCJ, “At midnight last night I got a letter from Todd saying ‘your resignation is accepted.’ But I never submitted a resignation.” Asked why he was fired, Redmond said, “Todd and I had a significant disagreement over personnel.”

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A COASTAL READER WRITES: Dear AVA, Life is not fair, and death should be more bio-degradable.

About 20 years ago a teenage family member died and we explored options for organic internment. One option we investigated was to have home burial for the body and a ceremony in memory. The Burial Project from the Russian River area came to our home to consult on the subject, although I can no longer find them on the Internet.

If we applied for a burial permit, we would be submitting a formal request creating sanctified land on our property — forevermore. This burial plot on private sanctimonious land would be properly designated as a family gravesite, formal or informal, and attached to the description on the deed of trust. Naturally, some people with long illnesses have plenty of time to prepare for the permit. Others, not.

The pitfalls of even legal burial on family land is that if the property ever goes outside of the family, someone unrelated may own your loved-one’s bones and gravesite — unless you move the remains and take them with you for reburial elsewhere. Ghoulish, but true, this happens. The legal wrangling can be tedious and hideous. Expect one or the other. They all require permits to be legal.

One thing some families do when they take such chances and don’t have time for or don’t want to apply for a permit, is to pay for a regular gravesite in a cemetery plot; secretly weight a “closed” casket to the body weight of the deceased at the time of death; and have a closed casket funeral ceremony with following burial of the mock weighted coffin (sans body) in a regular cemetery. Then hope attendees and authorities believe what they think they’ve seen.

In actuality, you have a small closed-lip private funeral wherever you’ve chosen as your family plot on your private land. Some mourners like the idea of hiding the gravesite in plain sight, rendering it totally biodegradable, site unseen. Others make formal fences, a park or orchard, designating the gravesite in that protected way.

The Burial Project introduced sturdy enough corrugated cardboard coffins which were bio-degradable and would go dust to dust back to the earth with the cadaver, most easily. Today I notice that mushrooms are used to help the body decompose even faster. No cost for embalming, viewing hall, formal coffin and especially, the vault — which are all meant to strangely preserve the deceased’s body. Buddhists cremate the body to help the spirit of the person go on to their next best good. Body preservation is anathema to Buddhist belief.

Preservation of the dead is unnatural. Unless you’re planning on moving the remains around as many times as Lincoln’s well-travelled corpse (which, is reported to still look marvelous after several exhumations); why would you need preservation of the remains?

Some folks choose the secret funeral on private land without a permit, so they don’t get hassled. However, it is almost impossible to keep those attending the private ceremony silent about the nature of the organic funeral located on family land — for all the obvious reasons the Hamburg family is unpleasantly experiencing presently after releasing information about the burial of their beloved on family land without a permit.

Like everything else in life, choice is usually preferred, but there are sensible reasons to not let the burial of human remains happen in watersheds, flood zones, and many other obvious preserved “zones.”

Sanctimonious: Humble, meek, modest, holy.

Dan Hamburg: Pecksniffian, deceiving, false, goody-goody, holier than thou, hypocritical, insincere, pious, self-satisfied, smug, stuffy, unctuous.

The exact opposite of sanctimonious.

No wonder he didn’t know about it.

Mendocino County Today: June 17, 2013

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A BIG ENVIRONMENTAL GROUP is rumored to have offered $300k to the Skunk Line to repair and restore the collapsed tunnel in return for a conservation easement on the railroad right of way (or the part that’s not already in conservation easement, such as the old-growth redwoods on the Willits side at the switchbacks). It’s not official yet, but apparently an offer has been made and it’s hard to imagine the railroad line would turn it down. If the deal is done, it’ll be announced soon. If it pans out it’ll be a win-win in the honest sense of the term.

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A LOCAL READER advises that phone customers should be wary of switching to Verizon phone service to get the cheaper promotional rate for a relative’s or friend’s cellphone. After seven months of poor Verizon service, the local man tried to cancel and switch back to AT&T, but the fees and other added charges for switching were more than the amount saved for the cheaper cellphone/service (although the cellphone service itelf was ok). “The NSA should have a field day with this,” the reader said. “I’ll bet a lot of the calls their picking up are people who are only calling because of Verizon’s lousy service.”

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FISH ROCK ROAD will be getting some long-overdue “sediment reduction” treatment (presumably gravel and rock) in “multiple locations” later this year and into next year as part of the slow-moving “TMDL” (Total Maximum Daily Load) program for the Garcia River which mandates various kinds of attempts at reducing the amount of sediment in that fish-bearing river. 75% of the money will come from a state grant and 25% from the County road fund. Specific costs, schedules and locations will be announced after the contract is awarded.

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EXHIBIT B OF THE CONTRACTS with the Ortner Management Group and Redwood Management Company, the two companies which will provide adult mental health services for Mendocino County under the new privatization regime, describes the payments that Ortner and Redwood will get for their services. You might think that lawyers are well-paid for their “billable hours,” and you’d be right. But Ortner and Redwood take that one step further with a schedule for “billable minutes.”

ORTNER AND REDWOOD will get $2.61 per minute for “assessment/plan development/case conferencing therapy (individual, group and family)/ collateral services rehabilitation services (individual & group)”; and for “therapeutic behavioral services.” They’ll get $2.02 per minute for “case management linkage.” $3.88 per minute for “crisis intervention.” And $4.82 per minute for “medication management and support.” (Note: $2.02 per minute is about $121 per hour. $2.61 per minute is about $157 per hour. $3.88 per minute is about $233 per hour. And $4.82 per minute is about $290 per hour.)

THIS WILL BRING a whole new meaning to the phrase, “The meter is running.” At least with a taxi driver you have a decent chance of getting where you want to go, or at least knowing you’re not moving.

PS. At an average of, say, $3.00 per minute with a contract value estimated to be $6.7 million… The taxpayers would be paying Ortner for the equivalent about 18 people charging by the minute for one year. Redwood’s contract value is about $8.8 million which translates to the equivalent of almost 24 people charging by the minute.

THE CONTRACTS also call for the County to provide technical assistance training to these contract staffers, most of which is to teach the contract staff how to fill out and file their bills. You’d think that for hundreds of dollars an hour they’d be able to handle that themselves, but… There’s no indication of whether the staffers who are paid by the minute are also paid while they’re in training, but…

THE TRICKY PART OF THIS, beyond the obvious rip-off of course, is how the remainder of the County mental health staff will feel knowing their conversations with the contractor’s helping professionals who are now doing their jobs are being paid much more than they got as government employees — by the minute, much less the process leading to authorizing mentally ill people into privatized treatment programs knowing that having a helping professional talk to a mildly crazy person is going to cost hundreds of dollars for each hour of allegedly helpful conversation.

SINCE many of Mendo’s mentally ill are so-called “dual diagnosis” patients (i.e., their mental illness is intermingled with their addiction to drugs both legal and illegal), there’s a bottomless pit of clients to generate billable minutes with, whether it’s talking to the client, writing things down about the client or going to court to get the client institutionalized. Or detailing their bill down to the minute.

BILLABLE MINUTES. That may be the single biggest reason NOT to privatize mental health services. Reducing mental health services, some of which we’ll concede may help the client or his/her family at times, to how many billable minutes are involved in dealing with them is about as impersonal and inhumane as you can get.

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ONE OF THE INTERESTING THINGS about the County’s proposed budget for next year (starting July 1, 2013) is how the $53 million of “discretionary revenue” spending breaks down. (The rest of the county’s total budget of well over $200 million is driven by specific state and federal programs and grants over which the County has essentially no control.) Of the $53 million, the Sheriff, Jail, District Attorney, Public Defender, Alternate Public Defender, “Conflict Defender,” Juvenile Hall, and Probation, aka the criminal justice system (not counting the courts) get almost $31 million, or almost 60%. The rest is spread amongst some 40 other departments including the Executive Office, Clerk of the Board and the Board of Supervisors which together cost $2 million off the top. The other departments which cost more than $1 million are: Assessor, Buildings and Grounds, Information Services, Planning and Building, Social Services Administration, CalWorks/Foster Care, and In Home Supportive Services. The County spends almost $600k on “General Relief/Assistance,” but a good chunk of that is for the staff who provide it so the actual “relief/assistance” is only a fraction of the $600k.

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ASSET FORFEITURE is a subject that was frequently brought up under former District Attorney Meredith Lintott’s tenure when asset forfeiture values seemed disproportionately high. It has pretty much dropped off the public’s radar screen since DA David Eyster took office. But the program, mostly stemming from drug related arrests, continues to generate huge amounts of money for Mendocino County. In 2009 Mendo took in about $2.6 million and distributed about $2.1 million. In 2010, Mendo took in about $1.8 million and distributed about $1.9 million. In 2011, Mendo took in about $1.6 million and distributed almost $2.4 million. In 2012 Mendo took in over $2.3 million and distributed almost $1.6 million. And so far in 2013 Mendo is on pace to end up with about $2.1 million in seized cash and assets for the year. (The numbers don’t add up because apparently money is carried over from year to year and some of it is returned after criminal cases are concluded.)

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FISHING, ENVIRONMENTAL, FARMING GROUPS WILL SUE TO HALT DELTA PLAN

by Dan Bacher

In the latest escalation of the California water wars, a statewide coalition of fishing, environmental and farming groups on Monday, June 17 will announce the filing of a lawsuit to stop the Delta Plan, a document that lays the groundwork for the Delta water export tunnels.

The details of the lawsuit will be released to the media through a press release and 10:30 am conference call. The groups filing the litigation include the California Water Impact Network (C-WIN), California Sportfishing Protection Alliance, AquAlliance, Restore the Delta, Friends of the River and Center for Biological Diversity.

“The Delta Reform Act gave the Delta Stewardship Council a historic opportunity to remedy 40 years of water policy failures,” said Santa Barbara resident Carolee Krieger, executive director of the California Water Impact Network (C-WIN), a statewide water advocacy organization.

“The council instead failed to use the best available science – biological or economic – and adopted a status quo program that fails to fix the Delta or the water supply problem. The Council failed to honor its own mandate: the adoption of an effective strategy for the distribution of water and the preservation of the Delta,” Krieger stated.

The conference call will feature Carolee Krieger, representing C-WIN; Bill Jennings, California Sportfishing Protection Alliance; Barbara Vlamis, AquAlliance; Barbara Barrigan-Parrilla, Restore the Delta; Michael Jackson, Attorney for several groups; Bob Wright, Attorney for Friends of the River; Adam Lazar, Center for Biological Diversity.

Attorney Mike Jackson said the lawsuit’s purpose is to rectify the Delta Stewardship Council’s ignoring of the requirements placed on them by the Delta Reform Act.

Jackson explained, “As an example, the Delta Reform Act told the State Water Resources Control Board to do a water flow investigation to find out what it would take to protect the estuary. The state board turned in a flow recommendation and the Council didn’t use the flows in the plan.”

“The Delta Reform Act also instructed the California Department of Fish and Wildlife to report to the Council what the biological goals and objectives should be for species in the Delta. The CDFW wrote hundreds of pages in a report and turned it in to the Council. The Council not only did not use it, but didn’t even mention the goals and objectives in the plan,” he said.

“Finally, the Delta Reform Act instructed the Delta Protection Commission to write a report about economic sustainability. The Commission wrote the report and turned it in to the Council – and again, they didn’t use it,” said Jackson.

The common thread?

“In all three cases, the documents were inconvenient to the approval of the tunnels,” Jackson emphasized.

Jackson said the Delta Plan also violated the California Environmental Quality Act (CEQA) in ten different ways.

For more information, contact: Steve Hopcraft 916/457-5546; steve [at] hopcraft.com Twitter: @shopcraft.

The litigation by Delta advocates follows the lawsuit filed by the Westlands Water District and San Luis and Delta-Mendota Water Authority on May 24 to require the Delta Stewardship Council to revise the Delta Plan “to be consistent with the 2009 Delta Reform Act, which created the Council.” (http://yubanet.com/california/Dan-Bacher-Westlands-Water-District-Files-Lawsuit-Against-Delta-Plan.php)

“In particular, the action asserts that the Delta Plan fails to achieve the co-equal goals of Delta ecosystem restoration and water supply reliability established by the Act,” the district said.

“The Delta Plan may be the most incomplete environmental document I’ve ever seen and, in that regard, I do agree with Westlands,” said Jackson.

In other Delta news, a group of over 30 organizations from across the political spectrum have formed Californians for a Fair Water Policy. This statewide coalition is working to defeat the $54.1 billion tunnels project that will “unfairly and unnecessarily burden California’s taxpayers, ratepayers, and the environment.” (http://www.fishsniffer.com/reports/details/statewide-campaign-launched-to-defeat-governor-browns-50-billion-water-tunn/)

Besides being enormously expensive, the construction of the tunnels is likely to hasten the extinction of Central Valley Chinook salmon, Delta and longfin smelt and other fish species and would take vast areas of Delta farmland, among the most fertile on the planet, out of production in order to provide massive amounts of water to irrigate drainage impaired land on the west side of the San Joaquin Valley. The Delta Plan lays the groundwork for the construction of the salmon-killing tunnels.

The tunnel plan also threatens the Trinity River, the largest tributary of the Klamath River and the only out-of-basin water supply diverted into the Central Valley. The legendary salmon and steelhead river flows though the Hoopa Valley Indian Reservation and Humboldt County before joining the Klamath at Weitchpec.

To my knowledge, no river system or estuary has ever been restored by taking more water out of it.

More information about the battle to fight the tunnels is available at http://www.restorethedelta.org.

Mendocino County Today: June 18, 2013

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STOP THE PRESSES! In a hard hitting lead story by Brett Wilkerson in Saturday’s Santa Rosa Press Democrat called Wineries Court Gay Customers, Wilkerson begins, “Los Angeles couple Brian Chield and Bryan Hollingshead sat around a patio table Saturday sipping Rosso di Sonoma, a red blend from their host Petroni Vineyards, perched high over Sonoma Valley. For a warm weekend in Wine Country, the scene was hardly groundbreaking. But the pair of tasters and the half-dozen other same-sex couples with them were part of a new brand of gathering in the gay and lesbian community built around wine.”

GUESS WHAT, BRETT? This isn’t news, and I defy you and your craven editors to find a single reader who it’s of interest to. The Press Democrat‘s desperate pandering to the booze industry has managed to turn into a parody of itself.

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InsideMovesTODD WALTON’S great novel, Inside Moves, has been re-issued by Pharos Editions, “dedicated to bringing to light out-of-print, lost, or rare books of distinction.” Inside Moves is certainly a rare book of distinction, and Pharos didn’t have to beg another writer of distinction, Sherman Alexie, to write the introduction:

“THE FIRST DRAFT of this introduction was 33 pages. The second draft was 21 pages. You are reading the ninth draft. Why did I struggle to finish this intro and deliver it late to my publisher? Because I caught an elbow in the mouth playing pickup basketball, lost a front tooth, and cracked my upper mandible. Less than 12 hours after the accident I was in a dentist chair, stoned on laughing gas, as I received a human and pig bone combo graft in my face. Yes, I am part-pig now. So when I eat bacon does that make me a cannibal? After a few weeks of recovery, I began the early drafts of this intro. I wrote and wrote and wrote. The intro became a short memoir about my basketball life. It detailed my journey from clumsy grade schooler into farm town high school star to community college recruit who declined those offers and accepted academic scholarships to attend Gonzaga University where I played basketball with other hoops rodents and sometimes ran with the college team. Yes, I’m proud to say that I was able to run with a Division I college team and not completely embarrass myself. I used to be good. Not great. But good enough to play with almost anybody. But I am in decline now. Oh, I still play with former college and professional players, but I have become the old guy who hits a few shots, sets good picks, and will still hit the floor for loose balls. I’m the old guy who gets his face busted by elbows. But I’m also the old guy who ordered a field hockey goalie mask from New Zealand so I can protect my whole face as I returned to my weekly run. Yes, I’m playing ball with a still healing bone graft. I have to play. I would get so depressed without hoops that I’d feel a thousand little deaths. Todd Walton’s Inside Moves is about that same kind of crazy passion for basketball. It’s about that same kind of crazy passion for life. For physical and spiritual survival. I can’t begin to tell you exactly how much Inside Moves means to me. It is the best novel about basketball ever written. And I’m sure you just thought, “Wait, how many novels about basketball are there?” There aren’t enough, that’s for sure. Most of the great sports novels are about baseball. But I think inside moves ranks with the very best sports novels ever written. To give the most basic comparison, inside moves is the Bull Durham of basketball, except with war injuries, amputees, prostitutes, radical surgery, and the lonesome, lonesome wails of hungry souls. After you read it, you’ll want to play hoops with a broken jaw.” — Sherman Alexie

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RECOMMENDED READING: Highly recommended. If you only read a book every few years, read this one, the clearest explanation you will get of what the hell happened to US. “The Unwinding: An Inner History of the New America” by George Packer. This isn’t one of those massive, foot-noted jobs; it’s told along the lines of Dos Passos’ epic USA Trilogy with implicating headlines and quotes from the increasingly decadent political-financial-celeb elites who’ve profited from the destruction of millions of Americans and the places they live. The book reads like a novel, a very good novel. There’s great stuff in it from the inside on the looting of the system by Geithner-Paulson types and their enablers at the national level of government — mega-swine like Chris Dodd, the Clintons, dupes like Colin Powell, Newt Gingrich, Dianne Feinstein. The mysteriously remote Obama government has, as we know, deferred to all of the above, leaving US exiles in our own country, a country now overtly run by the very wealthy assisted by a permanent elected class, gutted regulatory agencies, a corrupted legal system, and a sock-puppet media. The only people who come off looking pretty good are Alice Waters, Elizabeth Warren and the minority of lonely souls left in our estranged land who try to fight back. How will it end? Not well, and Not Well is accelerating in ways headed straight for major disorder and huge suffering. Packer’s book confirms your worst suspicions, but it should be required reading as an accurate assessment of where WE are.

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COMMENT OF THE DAY: “At the heart of the matter is this. Industrialism is an entropic project. It accelerates and intensifies entropy, which is to say the drive toward disorder and death. Tradition in human societies is the great moderator of entropy. Of course nothing stays the same forever, but some of us would like to see the human project continue, and to get to place where it can feel comfortable with itself for a while, perhaps even something resembling a new (and completely unfamiliar) golden age, when the people not asleep can be trusted.” (Jim Kunstler)

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ARTWALK REMINDER!

Editor,

AVArts, AV Chamber of Commerce and Boonville businesses are currently organizing the 16th annual Boonville ArtWalk for Saturday, July 6th from noon-6pm.

Participating artists and craftspeople this year include: Peggy Dart, Paula Gray, Sony Hatcher, Rainbow Hill, Charlie Hochberg, Dennis Hudson, Tom McFadden, Cathleen Michaels & Anderson Valley Students, Alan Porter, Terry Ryder, Ismael Sanchez, Colleen Schenck, Susan Spencer & Michael Wilson, Dan Sitts, Denver Tuttle, Xenia King, Jan Wax & Chris Bing and others.

Tara Lane will be offering a special kids’ art activity on the lawn at Rookie-To, from noon-2pm. The gallery will be hosting a “meet the artists” reception, with music by Wild Oats, from 4-6pm. Lauren’s will also be hosting a reception, from 3-6pm, is featuring a special show of “Wildflowers of Ernest Clayton” (the grandfather Gene Herr and Nancy Praetzel). Aquarelle will have its wine bar open, and appetizers available, throughout the event.

There are still venues available for local artists and craftspeople who would like to participate in this fun event. Send an email to contact@av-arts.org, or call 895-2204, for more information. — Anderson Valley Arts, Boonville

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ON JUNE 17, 2013, at 7:48am the Mendocino County Sheriff’s Office was contacted by a person who had received second hand information of a possible homicide at a remote location on Spyrock Road in Laytonville. Based upon the reported information, personnel from the Mendocino County Sheriff’s Office, California Highway Patrol and California Department of Fish & Wildlife responded to the location. On June 17 at approximately 11:15am law enforcement personnel arrived at the location and found one deceased person, presumed murdered. Sheriff’s Detectives have responded to the location and have begun an investigation into the circumstances of the person’s death. Additional information will be disseminated by press release as the investigation continues. Anyone with information in regards to this incident is urged to contact the Sheriff’s Office Tip-Line by calling 707-234-2100. (Sheriff’s Office Press Release)

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RAILHEADS SEEK STILLMAN’S OUSTER FROM NCRA BOARD

by Hank Sims (Courtesy, LostCoastOutpost.com)

Stillman

Stillman

A couple of months ago we had some fun with the news that Arcata City Councilmember Alex Stillman had managed to get herself appointed to the board of directors of the North Coast Railroad Authority, a body that has heretofore been more or less dominated by True Believers in Humboldt’s imminent return to the glory days of striped suspenders and choo-choo caps. In our writeup we channeled the voice of those who fervently dream of the train’s glorious arrival on the shores of Humboldt Bay after a decade and a half of absence, showering the land with riches untold. Hopefully we had a few yuks in the process.

Well, who’s laughing now?

At its regular meeting tomorrow night, the Eureka City Council will take up the matter of Mayor Frank Jager’s apostasy in voting for Stillman over full-bore railhead Doug Strehl, mayor of Fortuna. And someday next month, the Mayor’s City Selection Committee — a body that comprises the mayors of Humboldt County’s seven incorporated cities — will come together to decide whether or not to rescind their appointment of Stillman, and if so, who to appoint in her place.

The pressure seems to have come from attorney Bill Bertain of Eureka, who wrote an ominous letter to the Mayor’s City Selection Committee shortly after Stillman was appointed, back in May. In his letter Bertain makes the case that the selection of Stillman to occupy the NCRA board seat set aside for representatives of the incorporated cities along the old railroad line violated City Selection Committee internal procedure. Bertain charges that the committee’s governing rules and procedures require candidates for such appointments to submit their materials to staff three weeks in advance of a meeting. Neither Strehl nor Stillman did this. Therefore, Bertain says, the appointment is defunct. Unless the committee rectifies this, he hints, the committee is about to be on the nasty end of a lawsuit.

Bertain also declares Stillman ideologically unfit for the office. “By her public statements for quite some time now, Alexandra Stillman has disqualified herself from serving on the NCRA Board of Directors,” Bertain writes. “Although I understand that Alexandra Stillman has recently declared her support for passenger rail service between Eureka and Arcata, I believe she has consistently and vocally opposed to the return of freight service to Humboldt County.”

The threat was apparently enough to prompt the committee to review the matter with its lawyer and revisit the topic at a future meeting. But Marcella Clem, the executive director of the Humboldt County Association of Governments, under whose aegis meetings of the committee are held, says that her agency is completely confident that Bertain has no legal case. The three-week requirement, she told the Outpost, is not an application deadline; it says only that if candidates for a position wish to have their materials distributed to other members of the committee, then they have to get those materials to staff three weeks in advance. In fact, Clem said, any elected official could have shown up on the day of the meeting itself, back in May, and thrown their name into the hat then and there, with no advance notice at all.

So when the committee reconvenes, there will be two items on the agenda. 1). Should the committee reconsider its appointment to the NCRA? If so, and only if so: 2). Who should it appoint?

So is Stillman out? Maybe not! Back at the original meeting, Eureka Mayor Frank Jager initially supported Stehl but switched his vote to Stillman in order to break a deadlock. Only six of the seven mayors were present — Ferndale Mayor Stuart Titus was absent, for reasons unknown. Jager’s vote-switch has prompted the Eureka City Council to take up the matter at its meeting tomorrow night. The council will, in all likelihood, strongly recommend that Jager support Strehl in place of Stillman. In spite of his strong support for trails and rail skepticism — 
“It just boggles my mind that people would want to tie up [a trail] section between Bracut and Eureka waiting for something to happen,” Jager told the Outpost — he indicated that he would follow the council’s pleasure.

But that would only take us back to the original 3-3 deadlock, with Arcata, Blue Lake and Trinidad voting for Stillman and Rio Dell, Fortuna and Eureka holding up the Strehl banner. The whole question then hinges on Ferndale Mayor Stuart Titus — a reasonable person in a sometimes less than reasonable town.

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THE SLUNGSHOT/ROPE LOCK

by Bruce McEwen

Craig Barnett of Fort Bragg was on his way to check in with his probation officer and stopped at a second-hand store where one can often find a good deal on any number of useful things. On this occasion Mr. Barnett found a tool loggers often use to tighten down a rope on a load where steel cable isn’t necessary.

Barnett is a logger by profession and recognized the tool as a rope lock, something he would either use himself or offer to his employer, Anderson Logging of Fort Bragg. The problem arose when he reached the Ten Mile Court in Fort Bragg, where the probation office is located; he couldn’t get past security with the rope lock and since he was on foot, he couldn’t leave it in his vehicle. So he hid it in the bushes.

Mr. Barnett’s probation officer, Kathy Voorhees, saw him put something in the bushes and called security. While she kept Barnett in her office, the security officer, David Croft, went outside with a hand-held metal detec­tor and found the tool. Mr. Croft brought it to Ms. Voor­hees, and she, not knowing what it was, called in a cop, Deputy Eric Riboli, who said it was a weapon, a “slung-shot.”

We’ll get back to the slung-shot/rope lock, but first, by way of introduction, let’s step back and put this incredibly huge and powerful private contractor, Mr. Croft’s employer, Universal Protection Service (UPS) in perspective.

Universal Protection Service, with a local headquar­ters in Napa, is a subsidiary of the even mightier corpo­ration, Universal Services of America (USA). In 2009 UPS was placed on an exclusive list of approved providers of security for our courthouses by the Department of Homeland Security. UPS was also awarded Safety Act “protection.” The Safety Act of 2002 is part of the Homeland Security Act and encourages corporations to develop and deploy their own ideas about how best to “protect” us from “terrorists.” I shudder to contemplate what this kind of “encouragement” may be. But under the Safety Act, the “protection” UPS gets is limitation from liability to third parties (us) to a predetermined amount of liability insurance coverage, exclusive juris­diction in federal court for suits against UPS, prohibition on joint and several liability for non-economic damages, a complete bar on punitive damages and prejudgment interest, and a reduction in the plaintiffs’ recovery by amounts that the plaintiff receives from collateral sources.

“We are very excited that our application for the Safety Act designation has been approved,” Steve Jones, the co-CEO and Chief Operating Officer of Universal Services of America, told the Los Angeles Times. Mr. Jones then went on to gloat expansively about how nice it was to rake in billions of tax dollars and operate his various and extensive business interests with absolute impunity in these strange times.

Universal Protection Services was founded by former San Francisco Police Inspector Louis J. Ligouri, Jr. (along with a former US Secret Service Agent who is so deep under cover I couldn’t even find out his/her name). They like to hire off duty or retired law enforcement officers and police academy graduates, but they will take anyone who can come through one of their background checks without a blemish and finish a training course in Napa, at 505 Alexis Court. The mandatory drug testing leaves most of our unemployed locals out of the picture.

But the UPS staff at the County Courthouse in Ukiah and the Ten Mile Court in Fort Bragg are all devoted AVA readers and a pretty great team of officers who take their jobs seriously while maintaining a sense of humor and cordiality. They also have a nice collection of pocket knives and cork screws because so many people try to bring these prohibited items into the courthouse, then go back out and hide them in the bushes when they find out they can’t. The security officers then go out and sweep the grounds with a hand-held metal detector and collect the contraband items.

This was essentially what happened to Mr. Barnett’s rope lock/slung-shot. Security found it with the hand-held metal detector, called a wand. Probation Officer Voorhees and Sheriffs Deputy Riboli both considered the tool a weapon, Mr. Barnett was arrested for violating his probation, which prohibited the possession of any weap­ons, and the DA filed a petition to have his probation revoked and send him to prison. The hearing was held last week at the Ukiah courthouse, and DA David Eyster handled the case himself.

Ms. Voorhees was put on the stand and she said that as Barnett approached the courthouse she saw him drop something in the bushes. The security guard brought it in and she recognized it as a slungshot, “a weapon similar to a mace,” she said.

“Objection,” said Louis Finch. Mr. Finch is a lawyer from the Alternate Public Defender’s Office, and as such he was representing Craig Barnett, who was still in cus­tody, since the incident happened on May 16th. “The witness doesn’t know the legal definition,” Finch said.

Judge Richard Henderson overruled the objection. “She perceived it as a such,” he said.

DA Eyster said, “As a probation officer, is this [he had a photograph of the thing, which he was holding up for her to see] what you would consider a dangerous weapon?”

Ms. Voorhees said yes, it was.

“And as such, was the defendant, under the terms of his probation, allowed to have it in his possession?”

“No.”

“Did you see him put it in the bushes outside the courthouse?”

“I didn’t actually see him put it there,” Voorhees said. “He was behind the bushes and I couldn’t see his hands. But it looked like he was putting something in the bushes and the security officer found it there.”

“And you confronted him with it later?”

“Yes. He said he bought it at a thrift store.”

“That’s all I have,” Eyster said.

Mr. Finch is such a piss-poor lawyer that he wasn’t promoted two years ago when the head lawyer in his office, Mr. Robinson, retired. Finch is so bad he was passed over for promotion again when the next senior lawyer, Mr. Schlosser, went on extended medical leave last month. There were only the three of them, Robinson, Schlosser and Finch. Another lawyer from the regular Public Defender’s Office had to be brought in to super­vise Finch and handle all the serious cases, a Ms. Patricia Littlefield.

“Are you familiar with the tools used in logging?” Finch asked.

PO Voorhees paused thoughtfully.

“But you do know Mr. Barnett was sometimes employed by Anderson Logging, don’t you?”

“Yes,” Voorhees said.

“Do you know what a rope lock is?”

Again Voorhees took time to reflect.

Finch grew impatient. “How long have you been a probation officer?”

“About a year and a half.”

Here is another great job opportunity for the locally unemployed who can pass a drug test. Jim Brown recently retired as head of the county’s probation office, which has greatly expanded due to the governor’s pris­oner realignment program. Jason Locatelli of that office recently told me that as the system becomes more and more expanded, the need for probation officers continues to grow. This pseudo-cop field (probation and security) is the next big career opportunity in a world rapidly fill­ing up with criminals — all we need is one or two more “substance abuse-laws” (and the legislature is working on them frantically, mainly to justify the DEA) then we’ll all be either criminals or cops.

Mr. Finch said, “Did you ask Mr. Barnett what the tool was for and how it was used?”

“No.”

“Have you been through security at the courthouse entrance?”

“Yes.”

“So you are familiar with how metal objects are not allowed in the courthouse?”

“No.”

And she wouldn’t be, either. Not necessarily, at least. Because probation officers and all the other regular faces who the security people are familiar with are not put through the shakedown. A certain amount of common sense allows the business of the court to proceed without an overweening winnowing of everyone who comes and goes.

“But you are aware, are you not, that a lot of people put things in the bushes when they come into the court­house — metal things they can’t bring past secu­rity?”

“I haven’t seen them do that,” she answered. Given the fact that her one-way window in the probation office would give her an ideal opportunity to see such things, and that’s how Barnett got nailed, Mr. Finch made no secret of his suspicion that Ms. Voorhees was tinting her answer with the tincture of disingenuity. He snorted tersely and said he had nothing further.

Judge Henderson wanted to see the so-called weapon/tool but the DA didn’t have it with him. He offered to send someone for it, but Henderson said he’d just like to look a little closer at the photo of it, Exhibit One.

Deputy Eric Riboli was called to the stand and asked to rehearse some of his weapons training. Then he was shown the photo. He recognized it as the same item that had been found in the bushes outside the Ten Mile Court.

DA Eyster: “Are you familiar with the term slung­shot?”

Deputy Riboli: “I am, yes.”

DA Eyster: “Can you tell me what this is?”

Deputy Riboli: “It could be used as a slungshot.”

Mr. Finch: “Are you familiar with logging tools?”

Riboli: “No.”

Finch: “Nothing further.”

Finch called his client, Craig Barnet to the stand and asked him, “Did you go to the Ten Mile Court on May 16th?”

“Yes.”

“Why?”

“I had an appointment with my PO.”

“Did you do anything on the way?”

“Yes. I stopped and shopped at a thrift store where I bought a rope lock.”

“A what?”

“A rope lock.”

“Can you explain how it works?”

“It binds a rope, so the harder you pull, the more it squeezes down on the rope. It is used for various tree and brush jobs in logging and brush work.”

“Do you often work in that kind of work?”

“Yes. I’ve worked as a tree faller, clearing brush, set­ting chokers and other things associated with logging.”

“Is this one of the tools you commonly use in that kind of work?”

“Yes, it is.”

“Why did you leave it in the bushes outside the court­house?”

“I’ve been there before with metal objects and the security people told me if I didn’t want to lose it, I’d have to leave it outside.”

DA Eyster: “How did you arrive at the courthouse?”

Barnett: “I got a ride.”

Eyster: “How did you get home?”

Barnett: “I walked.”

Eyster: “Do you remember this probation order?”

Barnett: “Yes.”

Eyster: “Is this your signature … right here?”

Barnett: “Yes.”

Eyster: “Do you remember reading this condition, this one right here?”

Barnett: “I don’t remember, but I must have read it.”

Eyster: “So you agreed to that condition?”

Barnett: “Yes.”

Eyster: “Didn’t you think it might be a good idea to ask your PO if this [the rope lock/slungshot] would be allowed for you to have?”

Barnett: “I just thought of it as a tool.”

Finch: “What were you going to do with it?”

Barnett: “I’d just got a job with Rob Shandell; I was either going to use it or give it to Rob.”

Finch: “Your honor, a lot of tools can be used as weapons. But it makes sense for my client to have this tool for his job. He has explained how it works and he has a logging background. There is a reasonable, inno­cent — as well as a sinister — explanation for why he had it.”

Eyster: “I’m not sure I’ve heard of a logger buying things at a thrift store.”

Henderson: “The explanation that the object is a tool is reasonable and so is the evidence from the officer that testified a device of this type can also be used as a weapon which is not unreasonable — so it is somewhat suspicious — but given the evidence that the defendant was working as a logger and the tool was part of his ordinary work tools, the court finds there is not sufficient evidence to hold him on the charges.”

Eyster: “Can I ask the court to order him to report to probation?”

Henderson: “Yes. So ordered.”

When Eyster loses a case against Finch, something must be up. Maybe they were just trying to show that the public defenders and alternates are something more than welfare recipients, after all.

========================================================

FINCH PREVAILS

To the Editor:

As a longtime admirer of Bruce McEwen’s work, it is with heavy heart I write to correct some recent assertions made in his article (“The Slungshot/Rope Lock”) detailing last week’s courthouse goings-on. McEwen describes a hearing held in Judge Henderson’s court in which DA Dave Eyster sought to violate Craig Barnett’s probation. Much of the information written was incorrect, starting with the misspelling of Mr. Barnett’s lawyer’s name, Lewis Finch.

The article then seeks to illustrate how inept the attorney is by pointing out that Finch was not hired as the Alternate Defender when a co-worker, Bert Schlosser, departed the office. The story says former Public Defender Patricia Littlefield was then appointed. Little of this is true.

Finch did not apply for a job which Schlosser did not hold, and did not step down from. The job was vacated by Berry Robinson 18 months ago and Patricia Littlefield was appointed. Ms. Littlefield has never, in her 26 years as a Mendocino County lawyer, been employed in the public defender’s office, always having been an associate of Richard Petersen’s law firm

Lewis Finch is described as a “piss poor lawyer” but no survey of local lawyers and judges would agree with this defamation, and in fact I’d bet most would say Finch ranks among the best criminal lawyers in the county. McEwen’s notion that Littlefield came to be the Alternate Defender “to handle all the serious cases” is unsupportable. In the past quarter century Finch has represented hundreds — perhaps thousands — of clients charged with everything in the penal code, from rape and murder to shoplifting and probation violations.

It should be emphasized that violating a defendant’s probation involves the lowest standard of proof in the entire criminal justice system. Think about it: The defendant is a convicted criminal and he agrees, as part of his probation, to obey all laws, including not dropping a gum wrapper on the sidewalk. A “preponderance” (a scant 51%) of the evidence is sufficient to violate, which makes it the lowest threshold in the business. For a DA to violate someone’s probation is equivalent to shotgunning fat trout in a small birdbath.

Yet Finch prevails. Eyster loses. McEwen cannot believe what he sees, and cannot believe it again when he writes the story, so he attributes the judge’s decision to a shady allegation that “something must be up.” He then thinks the DA’s “Maybe were just trying to show that the (Alternate Defender attorneys) are something more than welfare recipients after all.”

Well, OK, but I suspect McEwen’s ongoing and nonstop criticism of public defender lawyers coupled with his relentless admiration for prosecutors suggests something other than disdain for those on welfare.

Thomas Hine (Alternate Defender Investigator), Ukiah

========================================================

DAVID BROOKS, TOM FRIEDMAN, BILL KELLER WISH SNOWDEN HAD JUST FOLLOWED ORDERS

By Norman Solomon

Edward Snowden’s disclosures, the New York Times reported on Sunday, “have renewed a longstanding concern: that young Internet aficionados whose skills the agencies need for counterterrorism and cyberdefense sometimes bring an anti-authority spirit that does not fit the security bureaucracy.”

Agencies like the NSA and CIA — and private contractors like Booz Allen — can’t be sure that all employees will obey the rules without interference from their own idealism. This is a basic dilemma for the warfare/surveillance state, which must hire and retain a huge pool of young talent to service the digital innards of a growing Big Brother.

With private firms scrambling to recruit workers for top-secret government contracts, the current situation was foreshadowed by novelist John Hersey in his 1960 book The Child Buyer. When the vice president of a contractor named United Lymphomilloid, “in charge of materials procurement,” goes shopping for a very bright ten-year-old, he explains that “my duties have an extremely high national-defense rating.” And he adds: “When a commodity that you need falls in short supply, you have to get out and hustle. I buy brains.”

That’s what Booz Allen and similar outfits do. They buy brains. And obedience.

But despite the best efforts of those contractors and government agencies, the brains still belong to people. And, as the Times put it, an “anti-authority spirit” might not fit “the security bureaucracy.”

In the long run, Edward Snowden didn’t fit. Neither did Bradley Manning. They both had brains that seemed useful to authority. But they also had principles and decided to act on them.

Like the NSA and its contractors, the U.S. military is in constant need of personnel. “According to his superiors … Manning was not working out as a soldier, and they discussed keeping him back when his unit was deployed to Iraq,” biographer Chase Madar writes in The Passion of Bradley Manning. “However, in the fall of 2009, the occupation was desperate for intelligence analysts with computer skills, and Private Bradley Manning, his superiors hurriedly concluded, showed signs of improvement as a workable soldier. This is how, on October 10, 2009, Private First Class Bradley Manning was deployed … to Iraq as an intelligence analyst.”

In their own ways, with very different backgrounds and circumstances, Bradley Manning and Edward Snowden have confounded the best-laid plans of the warfare/surveillance state. They worked for “the security bureaucracy,” but as time went on they found a higher calling than just following orders. They leaked information that we all have a right to know.

This month, not only with words but also with actions, Edward Snowden is transcending the moral limits of authority and insisting that we can fully defend the Bill of Rights, emphatically including the Fourth Amendment.

What a contrast with New York Times columnists David Brooks, Thomas Friedman and Bill Keller, who have responded to Snowden’s revelations by siding with the violators of civil liberties at the top of the US government.

Brooks denounced Snowden as “a traitor” during a June 14 appearance on the PBS NewsHour, saying indignantly: “He betrayed his oath, which was given to him and which he took implicitly and explicitly. He betrayed his company, the people who gave him a job, the people who trusted him. … He betrayed the democratic process. It’s not up to a lone 29-year-old to decide what’s private and public. We have — actually have procedures for that set down in the Constitution and established by tradition.”

Enthralled with lockstep compliance, Brooks preached the conformist gospel: “When you work for an institution, any institution, a company, a faculty, you don’t get to violate the rules of that institution and decide for your own self what you’re going to do in a unilateral way that no one else can reverse. And that’s exactly what he did. So he betrayed the trust of the institution. He betrayed what creates a government, which is being a civil servant, being a servant to a larger cause, and not going off on some unilateral thing because it makes you feel grandiose.”

In sync with such bombast, Tom Friedman and former Times executive editor Bill Keller have promoted a notably gutless argument for embracing the NSA’s newly revealed surveillance programs. Friedman wrote (on June 12) and Keller agreed (June 17) that our government is correct to curtail privacy rights against surveillance — because if we fully retained those rights and then a big terrorist attack happened, the damage to civil liberties would be worse.

What a contrast between big-name journalists craven enough to toss the Fourth Amendment overboard and whistleblowers courageous enough to risk their lives for civil liberties.

(Norman Solomon is co-founder of RootsAction.org and founding director of the Institute for Public Accuracy. His books include “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death.”)

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