Courts

Friday, July 22, 2016

Eureka 'Evaluating Options' After Court Ruling

Posted By on Fri, Jul 22, 2016 at 2:59 PM

The dash camera in a Eureka Police Department patrol car. - THADEUS GREENSON
  • Thadeus Greenson
  • The dash camera in a Eureka Police Department patrol car.

The city of Eureka is “evaluating its options” with regard to this week’s appellate court ruling that it must release a police dash camera video capturing the controversial arrest of a 14-year-old suspect.

In its published opinion released late Tuesday, the California First District Court of Appeals ruled that the video in question cannot be considered a confidential police officer personnel record as the city claimed. Consequently, the court upheld a May 21, 2015, ruling by Humboldt County Superior Court Judge Christopher Wilson, which granted a Journal petition seeking release of the video and found the public’s interest in the release of the video outweighed any privacy concerns.

In a press release issued this afternoon from the office of City Manager Greg Sparks, the city states that its interest in fighting release of the video was “not to quash transparency but to ensure that the right of privacy of police officers in their personnel records was not eroded.” The press release then quotes Eureka City Attorney Cyndy Day-Wilson lamenting the court’s ruling.

Continue reading »

  • Pin It
  • Favorite
  • Email

Tags: , , , , , , , , , ,

Thursday, July 21, 2016

Arrest Video Can't be Kept Confidential, Appellate Court Rules

Posted By on Thu, Jul 21, 2016 at 2:58 PM

The dash camera in a Eureka Police Department patrol car. - THADEUS GREENSON
  • Thadeus Greenson
  • The dash camera in a Eureka Police Department patrol car.

A Eureka police video depicting the arrest of a 14-year-old suspect can’t be considered a confidential personnel record and must be released to the public, an appellate court has ruled.

The court’s unanimous decision upholds a May 21, 2015 ruling by Humboldt County Superior Court Judge Christopher Wilson, who granted a Journal petition seeking release of the video, finding the public’s interest in seeing the video outweighed any privacy concerns.

The city of Eureka, which objected to the video’s release, along with Humboldt County counsel, appealed Wilson’s ruling, arguing that he erred by not affording the video the protections granted to police officer personnel records. Because the Dec. 6, 2012 arrest led to a citizen complaint and was used as a part of an internal affairs investigation into one of the arresting officer’s conduct, the city argued the video was a part of the officer’s personnel file and should consequently be barred from release.

But in its 12-page ruling authored by Presiding Justice Barbara Jones, the court dismissed that argument, finding the video was not generated as a part of an internal affairs investigation or a record relating specifically to an officer’s advancement, appraisal or discipline.

Continue reading »

  • Pin It
  • Favorite
  • Email

Tags: , , , , , , , , ,

Wednesday, July 20, 2016

Eureka Seeks Dismissal of PalCo Marsh Lawsuit; Plaintiffs Look to Make it a Class Action

Posted By on Wed, Jul 20, 2016 at 11:46 AM

A camp on the waterfront. - LINDA STANSBERRY
  • Linda Stansberry
  • A camp on the waterfront.

The city of Eureka is asking a federal judge to dismiss the lawsuit brought by 11 people challenging the city’s May 2 eviction of the PalCo Marsh homeless encampments.

Meanwhile, Peter Martin, an attorney representing the plaintiffs, has informed the court he intends to turn the case into a class action suit, which could bring in additional plaintiffs and increase potential liability for the city.

Continue reading »

  • Pin It
  • Favorite
  • Email

Tags: , , , , , , , , , , ,

Sunday, June 26, 2016

Tribes Threaten Lawsuit Over Klamath Flows

Posted By on Sun, Jun 26, 2016 at 9:23 AM

A look at the four Klamath dams slated for removal.
  • A look at the four Klamath dams slated for removal.

The Karuk and Yurok tribes have both put the federal government on notice that they intend to sue, alleging the feds have violated the Endangered Species Act by failing to ensure adequate water flows for Coho salmon on the Klamath River.

Citing a disease infection rate of 90 percent for juvenile salmon last year, spurred by low flows and warm water temperatures, coupled with historically low salmon run projections, the tribes said they felt they had to act.

“We cannot stand by and do nothing while our salmon hover over the brink of extinction,” said Yurok Chair Thomas P. O’Rourke Sr. in a press release. “We will not continue to watch water managers jeopardize the fate of our fish and our river.”

Continue reading »

  • Pin It
  • Favorite
  • Email

Tags: , , , , , , , , ,

Friday, June 24, 2016

Appellate Court Hears Police Video Arguments

Posted By on Fri, Jun 24, 2016 at 1:30 PM

The dash camera in a Eureka Police Department patrol car.
  • The dash camera in a Eureka Police Department patrol car.

Can police videos recorded on body-worn and patrol car dash cameras by considered confidential police officer personnel records and hidden from public view?

That’s the question three justices with the California First Appellate District spent about a half an hour wrestling with in a San Francisco courtroom Thursday. It was clear from their questions that the justices felt deeming the video footage as personnel records would represent an enlargement of the protections currently applied under the law, an enlargement that could have a host of consequences. The arguments touched on everything from California’s open records laws to the very purpose of recording police interactions.


Continue reading »

  • Pin It
  • Favorite
  • Email

Tags: , , , , , , , , , , , , , , , ,

Wednesday, June 22, 2016

Eureka Woman Released after Thursday's Manslaughter Arrest, Victim Identified

Posted By on Wed, Jun 22, 2016 at 11:52 AM

chp-patch.gif
A 21-year-old Eureka woman arrested last week on suspicion of vehicular manslaughter has been released from jail after no charges were filed against her in the case.

The California Highway Patrol arrested Adryan Nicole Pollock shortly after after 6 p.m. on June 16, after she’d allegedly lost control of the 2008 Dodge pickup she was driving on State Route 299. The vehicle rolled over, ejecting a hitchhiker passenger — Hugh Grant Jr. 78, of Klamath — who wasn’t wearing a seatbelt. Grant suffered fatal injuries while Pollock and four other passengers — her husband, a friend and her two young children — were uninjured. (The initial CHP press release spelled Pollock’s first name Adrian.)

DUI is not believed to have been a factor in the crash, according to CHP.

Humboldt County District Attorney Maggie Fleming said her office hasn’t filed charges against Pollock in the case because it still hasn’t received any reports from CHP, prompting the jail to release Pollock under California Penal Code 825, which prohibits jails from holding arrestees for more than 48 hours unless charges are filed against them.

Continue reading »

  • Pin It
  • Favorite
  • Email

Tags: , , , , , , , ,

Thursday, June 16, 2016

Former HCSO Sgt. Jason Daniels Found Not Guilty

Posted By on Thu, Jun 16, 2016 at 2:13 PM

Jason Daniels - FILE
  • File
  • Jason Daniels
Humboldt County District Attorney Maggie Fleming has confirmed that a jury found former Sherrif's Office Sgt. Jason Daniels not guilty of two counts of sexual assault this afternoon.

The trial, which lasted six days, stems from accusations dating back to 2013, when the Humboldt County District Attorney’s Office arrested Daniels on allegations that he sexually assaulted a woman while detaining her on Aug. 29, 2013. A second woman later stepped forward to allege that Daniels had sexually assaulted her on March 13, 2013.

The Journal's original coverage can be found here.
  • Pin It
  • Favorite
  • Email

Tags: , , , , , ,

Friday, May 27, 2016

Garberville Court Closed Due to Mold

Posted By on Fri, May 27, 2016 at 4:08 PM

humboldt_county_ca_seal.jpg
The Garberville branch of the Humboldt County Superior Court has been closed due to mold issues, reports Humboldt 2nd District Supervisor Estelle Fennell. A recent inspection confirmed that there was enough mold in the walls to constitute a health threat. 

The Garberville court is an arraignment, pretrial court on criminal misdemeanor matters and other low-level offenses for people in the Southern Humboldt area. We were unable to get a number on the volume of cases that go through the court, but it sounds as though a substantial amount of people will be inconvenienced by the closure. Fennell says she is scouting potential temporary locations for the court, possibly the College of the Redwoods campus in Garberville. In the forseeable future, her constituents will have to make the long trek to Eureka. 

Public Defender Kevin Robinson said  the emergency made for rather chaotic scene as his office arrived to defend its indigent clients this morning.


Continue reading »

  • Pin It
  • Favorite
  • Email

Tags: , , , , ,

Tuesday, May 24, 2016

Former County Employee Wins Gender-Discrimination Case

Posted By on Tue, May 24, 2016 at 2:42 PM

27e58a86d6b9d0c90432dc79eb784355_400x400.jpg
Steve Hughes says there's at least one positive outcome to his being passed over for promotion after a 26-year career with Humboldt County's Employee Training Division.

"I have an idea what discrimination feels like," he says.

Discrimination was something Hughes knew a lot about professionally. He was his division’s equal employment officer and disability program manager, making sure his workplace was up to code. It was one of the eight positions he had promoted into over his long tenure with the county. So when he and two other equally-qualified men in his department were rejected for a management position in 2010 for a less-qualified woman, he cried foul.

Continue reading »

  • Pin It
  • Favorite
  • Email

Tags: , , , , , ,

Wednesday, May 18, 2016

Appellate Court Wants to See EPD Video, Sets Oral Argument Date

Posted By on Wed, May 18, 2016 at 10:34 AM

The dash camera in a Eureka Police Department patrol car. - THADEUS GREENSON
  • Thadeus Greenson
  • The dash camera in a Eureka Police Department patrol car.
Justices in California’s First Appellate District have decided they want to look at the police dash camera video Eureka is trying to keep the public from seeing.

In an unusual order, the justices asked the Humboldt County Superior Court file a copy of the video under seal with the appellate court. But the superior court responded saying it doesn’t have a copy of the video in question and the appellate court is now trying to obtain a copy from the city of Eureka.

Continue reading »

  • Pin It
  • Favorite
  • Email

Tags: , , , , , , , , ,

Recent Comments

socialize

Facebook | Twitter

© 2016 The North Coast Journal Weekly

Website powered by Foundation

humboldt