Sep 3, 2015

In July 2014, FBI investigating 11 attacks on fiber optic cables, does today's outage make it a dozen?

Other media have reported that Sen Mike McGuire tweeted a fiber cable was cut in Hopland.

http://johnchiv.blogspot.com/2014/10/unconfirmed-citizen-tip-regarding-cell.html
This is on October 27 2014

 and AT and T's response the same day:

AT and T Director of Communications responds to my question about outage cause

John – the following is our statement and all I can provide currently:

Due to a fiber issue, some customers in the Humboldt County area may have experienced issues with their wireline, wireless, and U-verse services. AT&T technicians worked diligently to resolve the issue and service is currently running normally. We apologize for the inconvenience.

Alex Carey
Director of Communications and News Relations
California and Pacific Northwest


http://www.latimes.com/local/lanow/la-me-ln-sacramento-cables-vandalized-20150630-story.html


FBI investigating vandalism of Bay Area fiber-optic cablesBy MATT HAMILTON contact the reporter Crime Vandalism
June 30 2015
The FBI is investigating the severing Tuesday of a cluster of high-capacity fiber-optic cables in the Bay Area that disrupted phone and cable service and slowed Internet access to customers in Northern California.
A vandal was believed to have entered an Alameda County manhole and clipped three fiber-optic cables housed in a subterranean vault. It was the latest in nearly a dozen such attacks during the past year across the Bay Area, FBI spokesman Greg Wuthrich said.
July 2 2015
The FBI is investigating nearly a dozen successful attacks on fiber optic cables in Northern California that have caused widespread Internet outages during the past year, according to media reports.
FBI officials believe the attacks required expertise and could be more than vandalism, with the attackers entering underground holding bunkers and cutting through conduit sheathing, according to USA Today.
“Within the past year, cables were intentionally severed,” the FBI said in a statement, as reported by CNN. “The individuals may appear to be normal telecommunications maintenance workers or possess tools consistent with that job role.”
FBI Special Agent Greg Wuthrich told USA Today that having this many incidents within this short a time frame is concerning.

Charles Kesselring, machete wielding, carjacking suspect gets yet another private attorney

A motion to reduce bail by the defense in the Charles Kesserling case was scheduled this afternoon in Courtroom 2. However, Mr. Neal Sanders who was appointed at the last hearing said after reviewing the file he had multiple conflicts. Judge Marilyn Miles tried to appoint another private attorney, Mr. Benjamin Okin, who was unable to accept the appointment and finally Mr. Russ Clanton took the appointment on behalf of his associate Mr. David Celli.

The motion to reduce bail and custodial status may be addressed by Mr. Celli after he meets with Kesselring. Trial confirmation is set for September 29 at 2 p.m. in Courtroom 2 and Jury trial is set for October 26 at 8:30 a.m.

His case was on the 2 p.m. calendar. It was called and he was gone by the time his wife Jennifer Wall-Kesselring walked in at 2:45 p.m.


Sep 1, 2015


Bam! Judge Miles increases bail to $425,000 for carjacking, robbery and machete wielding suspect whose wife is kicked out of courtroom for breaking rules

Charles Kesserling's bail was increased to $425,000 by Judge Marilyn Miles today, according to the bail schedule, after he was arraigned on information for his jury trial.

Charges for the jury trial after he was held to answer at the preliminary hearing are: Count 1 Evading a Police Officer with wilful disregard; Count 2 unlawful driving or taking of a vehicle; Count 3 Receiving Stolen Property/Vehicle; Count 4 Carjacking with a special allegation that he used a machete, a deadly and dangerous weapon during the alleged commission of the offense; Count 5 second degree robbery with special allegation of using a machete; Count 6 Criminal threats with the machete special allegation; Count 7 Assault with a deadly weapon and three prior conviction special allegations.

The complaint also lists his aka as Chuck and Jim A.

What would a Kesselring court hearing be without the usual denial and drama.

He could not be arraigned at the regular time since his present attorney, Mr. Glenn Brown could not represent him. Having gone through all the public defender offices, he had to be appointed a private attorney. He lucked out with Mr. Neal Sanders. The case had to be recalled later once a private attorney could be located and appointment confirmed.

His wife, Jennifer Wall-Kesselring, actually showed up for court this time.
Twice the court bailiff had to deter them from not talking, and finally, he had to tell Jennifer to leave the courtroom and go into the hallway. Judge Miles had to tell Kesserling to pay attention as she was discussing his case, instead of being distracted by others in the courtroom. Kesselring kept saying to Mr. Sanders he did not have three priors.


Mr. Sanders wanted to argue the motion for bail and was granted his continuance to September 3 rd at 2 p.m. in Courtroom 2.

Judge Miles said the Visiting Judge had not set Kesserling's bail according to schedule and with the current charges, she was setting it according to schedule for the arraignment.

Do read the previous posts to get the full flavor of the case.


Aug 20, 2015


DA files motion to increase bail for machete wielding pizza delivery van and robbery suspect

The District Attorney's office has filed a motion to increase bail for Charles Kesserling. This will be heard on the same day as his arraignment for jury trial which is September 1 at 2 p.m. in Courtroom 2.

Kesserling, the machete wielding pizza delivery van and robbery suspect was held to answer on all charges after his preliminary hearing which concluded yesterday. Alternate Conflict Counsel's Mr. Glenn Brown represented Kesserling. Deputy District Attorney Jackie Pizzo was the prosecutor for the hearing.

 Kesserling is charged with seven counts: Count 1 Evading a Peace Officer with a special allegation of a prison prior; Count 2 taking a vehicle without owner's consent; Count 3 Buy/Receive stolen vehicle/Equipment; Count 4 Carjacking; Count 4 Use of a deadly weapon with a prior; Count 5 Robber with special allegation of use of a deadly weapon; Count 6 Threats to commit crimes resulting in death with a special allegation of use of a deadly weapon and and Count 7 Assault with a deadly weapon other than a firearm.

Previous posts:

http://johnchiv.blogspot.com/2015/08/i-dont-know-nuthin-about-nuthin-if-you.html
http://johnchiv.blogspot.com/2015/08/charles-kesselring-machete-wielding.html

Kailan Meserve jury trial set for January 19, arraigned today on 17 felony counts

Kailan Meserve was arraigned on information this afternoon is Courtroom 2 on 17 felony counts with two special allegations. He is being represented by Bay area attorney Randolph Darr and local attorney Mr. Russ Clanton, who made a general appearance today for Mr. Darr.

Meserve was only accompanied in court today by his father, Dave Meserve. A time waiver was entered. Deputy District Attorney Zack Curtis is prosecuting the case but DDA David Christensen handled the arraignment today for the People.

Jury trial is January 19th at 8:30 a.m., Trial Readiness is January 13 at 1 p.m., and Trial Confirmation is December 3 at 2 p.m. in Courtroom 2.

The computer is down and I will list all the charges in detail when available.


Previous post (with other links):

http://johnchiv.blogspot.com/2015/08/one-count-dismissed-two-counts-not-held.html

Judson Stiglich jury trial set for October 19, victim's family sobs in court

Today setting for the Judson Stiglich case as well as issues that were briefly addressed at the August 28 trial assignment hearing were scheduled this afternoon in Courtroom 2. This included a motion to amend information and Stiglich being arraigned on the additional charges.  There are also two misdemeanor cases that were on calendar today that Judge Marilyn Miles referred to as related to this event.

Stiglich was arraigned on three additional counts, jury trial date set for October 19. The three additional counts are Count 6, possessing ammunition, Count 7 possession of a firearm by a felon and Count 8 possession of a controlled substance.

Mr. Russ Clanton, who is representing Stiglich, stated his objection to the amended information. "Th facts of this case remain unchanged since February" and he objected to "the timeliness of the People's filing."

Judge Miles said, "Since the trial has not been set, I don;t find any prejudice and I will grant the motion."

The first amended information never got filed and granted so Judge Miles said that what was filed as  the second amended information is what she would sign and grant today and it would be considered the first amended information.

Ryan Robinson is the victim in this case. His sister Jennifer Robinson was dating Stiglich at the time, she is a key witness and the only witness present at the alleged shooting incident. She was present in court along with her mother and a couple other family members. After the jury trial date was set, some of the Robinson family members burst into tears.

Stiglich's family, his mom and dad and friends were also present today. The situation between the two families has been very tense.

The court computer system is down so I will update with all charges when I can and when it is available.

No other media was present in court. Jury trial is October 19 at 8:30 a.m., October 16 is Trial Assignment at 8:30 a.m., Trial Readiness is October 14 at 1 p.m. in Courtroom 2 and Trial Confirmation is September 29 at 2 p.m. in Courtroom 2

Aug 28, 2015


Key witness in Judson Stiglich case has medical issues, current jury trial date vacated

The jury trial for Judson Stiglich is scheduled for August 31. The People had filed a motion to amend information and a new case to revoke Stiglich's probation. Today in court, the People said they intend to file a second amended information.

Today, during trial assignment calendar, defense asked that the current jury trial date be vacated because they received additional discovery, there were new filings on amended information and a new case. Stiglich entered a time waiver, which he had previously withdrawn. Mr. Clanton said the matter "could resolve."

Deputy District Attorney Stacey Eads said the People "ask that the current jury trial not be vacated, that it trail for a week. The Pople are prepared to proceed, we have new evidence." MS. Eads said that "while the matter has the potential to resolve", one of the primary witnesses has number of medical issues and is not getting better with time."

A date for setting and to address above issues is set for September 3 at 2 p.m.

No other media source was present in court for this development.

Aug 26, 2015


Judson Stiglich jury trial next Monday in question due to DA filing amended information and a petition to revoke

A trial readiness was scheduled today for the Judson Stiglich case. He is charged with the death of Ryan Robinson. At that time, Stiglich's was dating Robinson's sister.

DDA Stacey Eads is prosecuting the case. Mr. Russ Clanton is representing Stiglich. Family members for both Stiglich and Robinson families were present.

In court today, Mr. Clanton said he would be filing a motion to continue given the new petition to revoke probation that was handed to him in court and the DA's amended information on the homicide case which he just received this morning.

Both attorneys spoke with the families before court.

The matter to continue and other "matters" will be addressed at trial assignment this Friday.

No other media was present in court.

Previous post:

johnchiv.blogspot.com/2015/07/motion-to-continue-filed-by-da-in.html
http://johnchiv.blogspot.com/2015/07/datescremain-set-for-judson-stiglich.html
(has other links in previous posts)

Humboldt Superior Court working on getting additional judges to help with caseload

Yesterday while assigning the Jason Warren case, Presiding Judge Joyce Hinrichs said that Humboldt Superior Court was working on getting two additional judges to help out with the caseload. Several cases that are limited time waivers or no time waivers  are scheduled in the upcoming months. Some jury trials maybe split into morning or afternoon sessions.

"This money should not be used for the Phillip Smith-Hanes PERS golden parachute early retirement fund" and Dave Meserve proposal tanks at Arcata City Council meeting

Public watchdog Kent Sawatasky was at the Arcata City Council meeting last night. He brought up the issue of funds from the Oversight Board; something he had brought up in December 2014.

This occurred at the end of the meeting according to Mr. Sawatsky.

"Arcata wrote another check for appromimately 2.2 million which is clawback from Redevelopment to the County for reimbursement. The County gets 1/3 of this money," Mr. Sawatsky told me. "I would really like to see this not get swallowed by PERS again. This should not be used for deficit spending. We are spending down our reserves. This money should not be used for the Phillip Smith-Hanes PERS golden parachute early retirement fund."

Mr. Sawatasky called me back and left a message and said  the exact amount will be available later today and so his numbers are around the ballpark.

A proposal to send a letter to Jared Huffman, suggested by Dave Meserve on August 19, was defeated by a 2-2 vote. Susan Ornelas was absent. Michael Winkler and Sofia Pereira voted against sending the letter.


Consider a Letter to Congressional Representatives to Encourage Their Vote in Favor of the Nuclear Weapons Agreement with Iran, Formally Known as the Joint Comprehensive Plan of Action. 

RECOMMENDATION. It is recommended that the Council consider a letter to congressional representatives to encourage their vote in favor of the nuclear weapons agreement with Iran, formally known as the Joint Comprehensive Plan of Action.
At the August 19, 2015, City Council meeting, Arcata resident Dave Meserve requested that the City send a letter to congressional representatives encouraging a vote in favor of the nuclear weapons agreement with Iran, formally known as the Joint Comprehensive Plan of Action (JCPOA).
Agenda linkhttp://arcata.granicus.com/GeneratedAgendaViewer.php?view_id=8&clip_id=1772
Meeting link: http://arcata.granicus.com/MediaPlayer.php?view_id=8&clip_id=1772

An Arcata architect, K. Boodzeh, who Mr. Sawatsky said came from the region recommended against sending the letter.

http://johnchiv.blogspot.com/2014/12/public-meeting-enthusiast-kent-sawatsky.html

Dec 4, 2014

Public meeting enthusiast Kent Sawatsky asked 3rd District Supervisor Mark Lovelace to resign from the Oversight Board for stiffing the County and taxpayers and voting to benefit Arcata
Sometimes a picture is indeed worth a thousand words or more. Access Humboldt films both the Humboldt County Board of Supervisor Meetings and the Arcata City Council Meeting.

You should watch the videos. To summarize the paperwork I have from Mr. Kent Sawatsky cannot do proper justice to him calling Mark out and addressing the Arcata City Council. You will also get to see the responses from Mark and the City of Arcata.

Watching Mr. Sawatsky explain why this is unfair to the County and the taxpayers and the connection between all the agencies on video is better and less time consuming than me number crunching a lengthy history.


In Tuesday's afternoon session of the BOS meeting, Mr. Sawatsky asked Mark to resign from the Oversight Board.

"Whose interests is Mark watching out for," Mr. Sawatsky told me on Tuesday, when we walked out from the morning session of the BOS. "The County's or Arcata's?"

So what is Mr. Sawatsky's beef with Mark.? I will give you one short excerpt of Mr. Sawatsky's claim.

In 2013, the Oversight Board, which Mark sits on retroactively approved a $7, 153,857 in transfers. The remaining amount of unallowable transfers, $8,751, 168 was returned to the successor agency, Arcata. This move was not legal according to the California State Controller's office.

Mr. Sawatsky intends to pursue this weekly until Mark provides answers to the public and resigns.

Mr. Sawatsky would rather have seen this money go towards "boots on the ground" and Sheriff deputies.


Sep 2, 2015

Jason Warren jury trial date set for September 28

This morning Judge Marilyn Miles who had been assigned to be the trial Judge for the Jason Warren case recused herself. The case was sent to Presiding Judge Joyce Hinrichs to decide further dates and assignment of another Judge. That was scheduled this afternoon at 2 p.m. and the case was called a little after 3 p.m.

The case that was scheduled to to jury trial on September 14 is the case in which Mr. Glenn Brown is representing Warren.

Mr. Brown said he was clearing his calendar for this trial, DA Maggie Fleming said that in discussions they decided on the September 28 jury trial date so that they do not split jury pools with the Jason Arreaga homicide jury trial starting next week.

Due to scheduling of other cases and Mr. Brown being in another trial, the new jury trial date is September 28 and the case has been assigned to the home court, to Judge Timothy Cissna.

Judge Joyce Hinrichs went over other cases with limited time waivers or not time waivers that are scheduled in September and October and the procedure on how a case is assigned to a trial Judge, disqualifications and why it was being sent to the home court. She also mentioned that while she is not disqualifying herself now, that if the case was self-assigned to her, she disclosed on the record that she knows Terri Vroman-Little, one of the family members of one of the victims in this case.

Pre-trial is September 16 at 3 p.m., Trial Assignment is September 25 at 8:30 a.m. and Jury trial is September 28 at 8:30 a.m.

DA Maggie Fleming is prosecuting the case. Mr. Glenn Brown and Mr. Kevin Robinson are representing Jason Warren on his cases, one in which he is charged with assault, the other he is charged with homicide.


Previous posts:

http://johnchiv.blogspot.com/2015/09/judge-miles-recuses-herself-from-jason.html
http://johnchiv.blogspot.com/2015/09/jason-warren-jury-trial-status-to-be.html


Ortiz motion to sever and 995 motion continued until Friday

This afternoon in Courtroom 4 there is a motion to sever filed in both the Rodney and Vincent Ortiz cases as well as a 995 motion for Rodney Ortiz set for September 25.

Today's hearing continued until September 4 at 2 p.m.



Aug 13, 2015


Discovery issues in Ortiz case delayed due to fire situation, Rodney Ortiz files motion to sever

Next court date is September 2 at 2 p.m. in Courtroom 5 to hear Rodney Ortiz's motion to sever. And to set new jury trial date. Vincent Ortiz has still not waived time.

Visiting Judge Arvid Johnson was in Courtroom 5 today to deal with discovery issues. Deputy District Attorney Jackie Pizzo was present for the People, Public Defender Casey Russo for Rodney Ortiz and Mr. Marek Reavis subbed in for his colleague, Mr. Greg Elvine-Kreis for Vincent Ortiz.

Fire situation locally has delayed some documents being provided to the District Attorney's office. Two envelopes, one from the Mercy medical Center, were provided to Ms. Pizzo to copy and provide to both defense attorneys.


Two writs filed on behalf of Vincent Ortiz denied in August.

The procedural saga continues.

Last post :


Jul 9, 2015


Rodney and Vincent Ortiz homicide jury trial stayed while Rodney Ortiz's attorney files writ appealing 995 ruling

This afternoon at 2 p.m. Visiting Judge Bob McNatt was scheduled  to
hear the defense motion to continue for Rodney Ortiz and a trial confirmation hearing is set for both Rodney and Vincent Ortiz. Jury trial was set for July 20. That date has been vacated.

 Next court date is disposition and reset hearing on August 13 in Courtroom 2.

The motion to continue for Rodney Ortiz will also be discussed further on that date. Rodney Ortiz's attorney Mr. Casey Russo said they wanted 4 to 6 months for investigation and "further discovery".

Vincent Ortiz refused to waive time for a continuance but the stay is a "defacto waiver", at least until the next court hearing said Visiting Judge McNatt.

The father and son are charged in a Hoopa shooting that resulted in the death of Daniel Colegrove, and attempted murder charges for Francis Colegrove and Roger Surber.

Judge Philip Schafer has not yet ruled on the 995 motion to dismiss certain charges against Vincent Ortiz. A date of 7/14 to hear a motion for discovery seems to be gone from the court system.

Previous posts:

This link is to the post on the 995 motion:

http://johnchiv.blogspot.com/2015/07/things-escalated-at-spur-of-moment-when.html

This link is on the last court hearing and will get you caught up with other links to the case:

http://johnchiv.blogspot.com/2015/07/defense-motion-to-continue-rodney-ortiz.html



Gary Lee Bullock continued until September 10

A pre-trial hearing was scheduled this afternoon for the Gary Lee Bullock case. The trial Judge is John Feeney. Visiting Judge Marjorie Carter is subbing in for Judge John Feeney this week.

Judge Feeney sent emails to both attorneys requesting matter be continued until next week on September 10.

Conflict Counsel's Kaleb Cockrum is representing Bullock. Deputy District Attorney Mr. Andrew Isaac and Ms. Stacey Eads are prosecuting the case for the People.

At the last hearing, on May 7, a 3 p.m special set time for status of reports and trial setting was scheduled in Bullock case.Judge Feeney met with DDA Isaac, DDA Stacey Eads and Mr. Cockrum privately in chambers.
Then the courtroom was opened and Judge Feeney said, "I believe we are in a position to set a trial date."
He said that in Chambers, "Counsel had discussed October 12 but since that is a court holiday, that the jury trial would be set for October 13 at 8:30 a.m." Pre-trial is September 2 at 2 p.m. and Trial Confirmation is September 30 at 2 p.m.

Bullock, Warren, Ortiz all on this afternnon at the same time

Bullock and Warren have gag orders, Ortiz case has motion to sever today and setting of dates. A 995 motion for Rodney Ortiz is set for September 25.

Warren is just to set dates, Bullock will most likely be continued since a Visiting Judge is subbing in for Judge John Feeney, who has been assigned to be the trial Judge for the Bullock case.

I will have updates on all three and other cases later this afternoon and evening.