How to resolve AdBlock issue? District attorney: Insufficient evidence to pursue assault case against supervisor
LAKEPORT, Calif. – Citing a lack of evidence and no cooperation from witnesses, Lake County’s district attorney said he will not pursue a case in which a Clearlake man alleged he was assaulted by a county supervisor in the front yard of his home in August.
District Attorney Don Anderson said Monday he won’t prosecute the case involving Rob Brown, 52, of Kelseyville, a county supervisor who also works as a bail bondsman, and 55-year-old Robert Sanders of Clearlake.
Anderson told Lake County News on Monday that Sanders has refused to cooperate with police, including not providing video evidence he claimed to have and refusing to sign a medical release in order for his claims about his injuries to be investigated.
Sanders also has given conflicting stories about what occurred, including contradicting himself in comments he made during a radio interview with the county’s sheriff, Anderson said.
In addition, two witnesses who claimed to have seen the confrontation, and who accused Brown of hitting both Sanders and a dog, haven’t spoken to authorities, said Anderson.
“We know who they are, but at least one of them has been avoiding the police department,” Anderson said.
All of those factors led Anderson to conclude that the case can’t be successfully prosecuted, as he doesn’t believe a jury could be convinced beyond a reasonable doubt that Brown committed an assault.
Sanders alleged that Brown assaulted him on the night of Tuesday, Aug. 21, in the yard of his home at 3747 Buckeye St. in Clearlake.
Brown said he struck Sanders in self defense after Sanders laid hands on him, and both men initially reported to police that they had been assaulted.
At the time of the confrontation Brown had recently taken possession of the Buckeye Street property through foreclosure due to an unpaid debt for bail for the Sanderses’ son, Christopher Sanders, sentenced to 41 years in prison in January for sexually molesting his young stepdaughter over a three-year period.
Brown was at the property at about 9 p.m. to serve notice that an insurance-required inspection was to take place later that week.
When Brown served the papers, a confrontation ensued and he turned to walk away to wait for police. Sanders acknowledged to police that he had come up and taken hold of Brown’s elbow, reportedly to escort him off his property.
Brown said Sanders grabbed his elbow and swung him around, and Brown punched Sanders in the jaw once as a result.
Sanders claimed he was hit more than once. Brown had a large bruise on his elbow where he alleged Sanders grabbed him.
Brown said from the beginning that he didn’t want to prosecute Sanders. Sanders also had told police he didn’t want to press charges until after his brother arrived at the scene, reportedly acting aggressive and hostile, according to Anderson’s case rejection report.
Attorney general finds no conflict; alleged victim won’t cooperate
Before reviewing the case, Anderson first referred it to the California Attorney General’s Office because Brown is a sitting member of the Board of Supervisors.
“The Attorney General’s Office determined there is no conflict of interest between the supervisor and the District Attorney’s Office,” Anderson wrote in his case rejection report. “Therefore this office will be making all charging decisions.”
Anderson also had Mendocino County District Attorney David Eyster – who previously has assisted with case review where there are concerns about conflicts of interest – look over the case, with Anderson and Eyster reaching the same conclusions.
In his analysis, Anderson said there was no issue with Brown being on the property at night – “It is not unusual or illegal to accomplish service of process after 9 p.m.” – and his presence didn’t constitute trespass since he was there to serve paperwork.
“The accounts of the event differ; however, it appears form (sic) police reports Mr. Brown and the complaining witness became involved in a verbal argument,” Anderson wrote in his case rejection. “The complaining witness tells the police he told Mr. Brown to leave. He tells the police Mr. Brown did leave, but then the complaining witness initiates further conversation with Mr. Brown. This may very well be a tacit invitation for Mr. Brown to step back onto the property, which he did.”
Anderson said Sanders admitted to police that he initiated the first physical contact between he and Brown, who he approached and grabbed by the left elbow before Brown struck him.
Brown said Sanders grabbed him and spun him around. “In a self defense movement he pushed the complaining witness back and then struck him in the face,” Anderson’s report said.
Anderson’s report noted that Brown’s wife, Kim, gave an account of the confrontation consistent with her husband’s.
As for Sanders’ wife, Jan, “The complaining witness' wife's statement did not lead to any additional information as she could not see the initial contact between the parties,” the case rejection states.
Anderson said Monday, “She didn’t see the first part of it. She saw the punch.”
Adding to the issues surrounding the case, Lake County Sheriff Frank Rivero – who has been at political odds with Brown – interviewed Robert Sanders on his radio show on Aug. 24. Anderson said a recording of that interview became evidence in the investigation.
In his report Anderson called Rivero’s interview of Sanders on the radio “extremely unusual,” and one that didn’t help the case of Sanders, who Anderson said gave a different version of the incident on the show than he gave police.
Specifically, Anderson said Sanders’ comments on Rivero’s radio show conflicted with accounts he gave to police of how he grabbed Brown, the time of the incident, the witnesses and the conversations.
A recording of that radio show, said Anderson, would be available to a jury. It also might result in issues of bias involving witnesses that a prosecutor may not be able to overcome.
“The defense can use that to impeach his credibility,” Anderson said of Sanders.
Other issues that contributed to Anderson concluding that the case couldn’t be successfully prosecuted included Sanders refusing to sign a medical release.
While Sanders alleged that red marks on his ribs were evidence of additional blows by Brown, Anderson said police concluded that the injuries weren’t consistent with being punched.
With Sanders refusing to sign a medical release, the doctor who treated Sanders can’t talk to investigators to refute the police conclusion, Anderson said.
Sanders also told police that he had a surveillance camera video of the confrontation which Anderson said Sanders refused to let police see. Later, Sanders said no such video existed.
That, said Anderson, led to both credibility and evidentiary issues.
“What’s a jury to believe?” Anderson asked.
Anderson said all of the issues with the case – changes in story, refusal to provide evidence and lack of cooperation with police – led to the overarching issue of the case not being prosecutable.
“A jury will be suspicious, and they should be,” Anderson said.
Email Elizabeth Larson at
- Details
- Written by: Elizabeth Larson
Supervisors to discuss ramifications of proposed Endangered Species listing for Clear Lake hitch
LAKEPORT, Calif. – In the wake of last week’s announcement that a group has filed petitions to list the Clear Lake hitch as an endangered species, the Board of Supervisors on Tuesday will discuss the possible local ramifications of such listings.
The meeting will begin at 9 a.m. Tuesday, Oct. 2, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport. The meeting will be broadcast live on TV8.
At 9:45 a.m., the board will discuss the potential Endangered Species of the hitch, a fish native to Clear Lake.
The fish’s numbers have plummeted in recent years, and last week the Center for Biological Diversity announced it had filed petitions seeking state and federal Endangered Species listings for the hitch, as Lake County News reported. The full account can be found here: http://bit.ly/RgXpxy .
Also on Tuesday, the board will present proclamations designating the month of October as Domestic Violence Awareness Month and designating the week of Oct. 22-30 as Red Ribbon Week. The presentations are set for 9:10 a.m.
The full agenda for the Tuesday meeting follows. Some items appear out of order because an addendum to the original agenda was issued.
TIMED ITEMS
9 a.m., A-1 to A-4: Approval of consent agenda, which includes items that are expected to be routine and noncontroversial, and will be acted upon by the board at one time without discussion; presentation of animals available for adoption at Lake County Animal Care and Control; consideration of items not appearing on the posted agenda, and contract change orders for current construction projects.
9:05 a.m.: Citizen's input. Any person may speak for three minutes about any subject of concern, provided that it is within the jurisdiction of the Board of Supervisors and is not already on the agenda. Prior to this time, speakers must fill out a slip giving name, address and subject (available in the clerk of the board’s office, first floor, courthouse).
9:10 a.m., A-5: (a) Presentation of proclamation designating the month of October 2012 as Domestic Violence Awareness Month; and (b) presentation of proclamation designating the week of Oct. 22-30, 2012, as Red Ribbon Week.
9:20 a.m., A-6: Consideration of proposed agreement between the Lake County Housing Commission and Umpqua Bank for deposit of Moneys: Local Agencies for local Section 8 payments.
9:30 a.m., A-7: (a) Presentation of annual report from the Court Appointed Special Advocate (CASA) program for Mendocino and Lake Counties; and (b) consideration of proposed agreement between the county of Lake and CASA of Mendocino and Lake Counties for support services provided to Lake County residents.
9:45 a.m., A-13: Discussion/consideration of the local effects of the potential placement of the Clear Lake Hitch on the Federal Endangered Species List.
10:10 a.m., A-14: Consideration of proposed first amendment to agreement between the county of Lake and Lucerne Alpine Seniors Inc., for health-related senior support services.
NONTIMED ITEMS
A-8: Supervisors’ weekly calendar, travel and reports.
A-9: Consideration of appointments to the Lake County Air Quality Management District Hearing Board.
A-10: (a) Consideration of proposed general services agreement between the county of Lake and Mead & Hunt Inc., for environmental assessment services for the Westside Aviation Development Area at Lampson Field Airport; and (b) consideration of proposed Supplemental Services Agreement No. 1 between the county of Lake and Mead & Hunt Inc., for the preparation of the environmental assessment for the Westside Aviation Development Area at Lampson Field Airport.
A-11: Consideration of request to award Bid on behalf of CSA #2 – Spring Valley for the Spring Valley Water Treatment Plant Improvement Project, Bid No. 12-01.
CLOSED SESSION
A-12: 1.Conference with labor negotiator: (a) county negotiators: A. Grant, L. Guintivano, M. Perry, J. Hammond and A. Flora; and (b) Lake County Deputy District Attorney’s Association, Lake County Correctional Officers Association and Lake County Employees Association.
A-12: 2. Public employee performance evaluation: Behavioral Health Services director and Public Services director.
A-12: 3. Conference with legal counsel: Existing litigation pursuant to Government Code Sec. 54956.9(a): (a) Merrill et al. v. Lake County Board of Supervisors.
A-12: 4. Conference with legal counsel: Existing litigation pursuant to Government Code Sec. 54956.9(a): Rivero v. Lake County Board of Supervisors, et al. - Case No. CV 411638.
CONSENT AGENDA
C-1: Approve minutes of the Board of Supervisors meeting held on Sept. 25, 2012.
C-2: (a) Adopt proclamation designating the month of October 2012 as Domestic Violence Awareness Month; and (b) adopt proclamation designating the week of Oct. 22-30, 2012, as Red Ribbon Week.
C-3: Adopt resolution approving the application and certification statement for the State Department of Health Care Services, CMS Branch’s California Children’s Services (CCS) Administration Plan Renewal Grant for FY 2012-13, and authorize the Board Chair to sign the Certification Statement.
C-4: Approve advanced step hiring of extra help Nurse Practitioner Donna Farmer, due to applicant’s extraordinary qualifications (fifth step salary range).
C-5: Approve agreement between the county of Lake and Bettina Woelbling for FY 2012-13 literacy program services, and authorize the chair to sign.
C-6: Adopt resolution authorizing the director, Public Works Department, to sign a notice of completion for work performed under agreement dated Oct. 25, 2011 (soldier pile retaining wall on Socrates Mine Road at PM 1.84, Bid No. 11-10).
C-7: Approve agreement between the county of Lake and Northwest Biosurvey for environmental services for HBP Bridge Replacement Projects: Clayton Creek Bridge at Clayton Creek Road, Lower Lake (14C-0031); Cooper Creek Bridge at Witter Springs Road, Upper Lake (14C-0119); and Clover Creek Bridge at First Street, Upper Lake (14C-0015), in an amount not to exceed $54,300, and authorize the chair to sign.
C-8: Adopt resolution authorizing the submittal of an application, acceptance of an allocation of funds, and execution of a grant agreement with the California Department of Transportation for an Airport Improvement Program Matching Grant and designating the Public Works director as sponsor’s official representative. Carried over from Sept. 25.
C-9: Approve first amendment to agreement between the county of Lake and Chapel of the Lakes (adding fees for cremated remains scattered at sea), and authorize the chair to sign. Carried over from September 25, 2012
C-10: Approve third amendment to agreements between the county of Lake and Jones Mortuary, Jones and Lewis Mortuary and Chapel of the Lakes Mortuary (adding transportation fees for indigent deceased residents at the San Francisco Medical Examiner’s Office), and authorize the chair to sign. Carried over from September 25, 2012
C-11: Approve first amendment to agreement between the county of Lake and county of Sacramento for FY 2012/13 forensic pathology services (an increase of $30,000), and authorize the chair to sign.
C-14: Approve agreement between the county of Lake and JNB Janitorial Services to provide FY 2012-13 janitorial services to Behavioral Health and AODS facilities, in an amount not to exceed $24,000, and authorize the chair to sign.
LAKE COUNTY WATERSHED PROTECTION DISTRICT BOARD OF DIRECTORS
C-12: Approve agreement between the Lake County Watershed Protection District and Paragon Partners, Ltd., for appraisal and relocation assistance services for the Middle Creek Flood Damage Reduction and Ecosystem Restoration Project, in the amount not to exceed $41,950, and authorize the chair to sign.
Email Elizabeth Larson at
- Details
- Written by: Elizabeth Larson
Sewer, water rate hike back on Lakeport City Council agenda
LAKEPORT, Calif. – This week the Lakeport City Council will return to its discussion of a proposal to double water and sewer rates over the next five years.
The meeting will begin at 6 p.m. Tuesday, Oct. 2, in the council chambers at Lakeport City Hall, 225 Park St.
The council will consider passing the resolutions that would amend the water and sewer rates and put the increases into effect.
The council held a public hearing on the plan at its Sept. 18, with dozens of community members packing the council chambers to lodge their protest against the rate hikes, which the city argues are needed for several reasons – state requirements, aging infrastructure, and higher costs of operation and maintenance.
Public Works Director Mark Brannigan will present to the council a resolution certifying the results of the protest hearing held at the Sept. 18 meeting.
Last week City Clerk Janel Chapman reported that the city received 818 protest ballots from the 2,430 affected parcels, with 640 of the protests being validated, as Lake County News has reported.
According to state law, in order to stop the rate increases entirely, the city would have had to receive 1,216 protests, amounting to 50 percent plus one of the total number of parcels.
Brannigan also will ask the council to authorize services to replace the granular activated carbon in two of the four vessels located at the Lakeport surface water treatment facilities. The services are not to exceed $60,000.
Also on Tuesday, Lakeport Police Chief Brad Rasmussen will take to the council an application for the Eternally Wired Youth Ministries to hold a “Harvest Revelation” on Wednesday, Oct. 31, on Mellor Drive between 19th and 20th streets with staff recommendations.
Rasmussen also will ask the council to approve a resolution allocating funds from the Supplemental Law Enforcement Services Fund.
Email Elizabeth Larson at
- Details
- Written by: Elizabeth Larson
Supervisors formally terminate Wye Fire emergency, discuss response to August incident
LAKEPORT, Calif. – This week the Board of Supervisors – which had declared a local emergency last month in response to the Wye and Walker fires – formally took action to close the emergency.
The board and staff discussed the fires – which burned a total of 7,934 acres east of Clearlake Oaks in August – as well as the local response.
Interim County Administrative Officer Matt Perry and Deputy Administrative Officer Debra Sommerfield presented an update to the board on the incidents.
Sommerfield said a review of how county agencies responded to the fires showed the response was “swift and decisive,” with resource requests and evacuations handled quickly.
There were telecommunications challenges, said Sommerfield, and several agencies said they had not been called upon early during the Wye incident, which broke out Sunday, Aug. 12.
By the time the Scotts Fire began on Friday, Sept. 7, on Cow Mountain near Lakeport, the county’s response had improved, said Sommerfield.
“This points to the critical nature of countrywide disaster preparedness,” she said, adding that there also was a need for community engagement.
Perry said recommendations for improvement included organizational planning. He recommended that the county conduct a review of its organizational structure.
That includes considering the structure of the Office of Emergency Services, which currently is housed in the Lake County Sheriff’s Office. Perry said staff wanted to hire a consultant for $10,000 to carry out that review.
Another suggestion was to conduct an assessment of the current emergency operations plan. Perry said they should have a meeting to make sure all county department heads are aware of their responsibilities within the plan.
Telecommunications were a significant issue, with county staff pointing out that certain areas along the Highway 20 corridor needed cell phone coverage. Residents of those areas were looking to the county to see what could be done to get a cell tower to facilitate them getting service.
Supervisor Denise Rushing said it was a good report, noting response was much improved from the Wye to the Scotts Fire.
“We haven’t had a disaster in Lake County of his magnitude for some time,” said Capt. Chris Macedo of the Lake County Sheriff’s Office. “It was kind of an eye opener for some people.”
Macedo said he wanted local agencies to commit to partnering on the emergency operations plan.
He said the Wye Fire was a dress rehearsal for the Scotts Fire.
Board Chair Rob Brown said Macedo had been trying to get county department heads to meet for months on the emergency operations plan.
Elizabeth Larson at
- Details
- Written by: Elizabeth Larson
Planes to begin arriving Friday for annual Clear Lake Splash-In
LAKEPORT, Calif. – The skies over Lakeport will soon be filled with the sounds of seaplanes as pilots arrive in town for the annual Clear Lake Splash-In.
The 33nd annual event, organized by the West Coast Seaplane Pilots Association, will take place this weekend. It’s the oldest and largest seaplane gathering in the Western United States.
Mike Dunlap, the event organizer and acting president of the pilots association, said registration will begin at noon on Friday, but he anticipated planes will begin arriving in Lakeport on Friday morning.
Planes will land on Clear Lake and then use a temporary steel ramp at the Natural High School property on N. Main Street to roll into the field there, where they will stage for the festival. Regular aircraft will fly into Lampson Field.
Dunlap said the bulk of the events will take place on Saturday, with Sunday being a departure day.
Dunlap said there were 29 planes registered to take part as of Thursday evening, with another plane, a Grumman Albatross, set to come from Santa Rosa. Another half dozen planes are to land at Lampson Field.
Pilots are coming from Arizona, Oregon, Nevada and Northern California, Dunlap said.
The association handles the quagga and zebra inspection process for the pilots, issuing their mussel inspection stickers. “We’ve had 100 percent compliance for three years,” he said.
New this year will be a $2 admission fee for the public to enter the Natural High field, where the planes will be on display. Dunlap said that fee, along with increased fees for pilots, was necessary to help cover expenses.
He credited the Lake County Chamber of Commerce and the Lakeport Main Street Association for their efforts to support the splash-in, and also recognized the Lakeport Public Works Department for being one of the event’s biggest supporters and always helping make it happen.
“It’s a large undertaking,” but also an event that benefits the community, Dunlap said.
On Saturday night, there will be a tri-tip dinner, silent auction and raffle for participating pilots at Skylark Shores Resort.
At that time the Seaplane Pilots Foundation will announce the winners of the Tyler Orsow-Chuck Kimes Flying Forever Scholarship, which is meant to fully fund training for a single-engine sea rating.
Kimes, a former splash-in organizer, and Orsow died in a crash in the United Arab Emirates in February 2011 while taking a 1940s seaplane from the Middle East to Texas, as Lake County News has reported.
At Thursday night’s Clearlake City Council meeting, Vice Mayor Jeri Spittler encouraged community members to attend the fly-in.
“It’ll blow your mind,” Spittler said.
Email Elizabeth Larson at
- Details
- Written by: Elizabeth Larson
