How to resolve AdBlock issue? Appellate court upholds 41-year sentence for man convicted of molesting stepdaughter
LAKE COUNTY, Calif. – An appellate court on Monday upheld a 41-year prison sentence given last year to a Clearlake man found guilty of molesting his young stepdaughter over a three-year period.
The First Appellate District Court of Appeals affirmed the sentence that Christopher Adam Sanders received from Judge Stephen Hedstrom in January 2012.
Sanders, who at one point was negotiating with the District Attorney's Office for a plea deal that would have given him significantly less prison time, was convicted by a jury in May 2011, as Lake County News has reported.
Sanders – who alleged that the girl, 11 when the molestation began, had initiated sexual contact with him – testified at trial, telling the jury that he made a false confession during a Clearlake Police interrogation.
The prosecution provided a recording of a pretext phone call in which Sanders asked the girl if she had told anyone about them. They also presented a jail telephone conversation between Sanders and his mother in which he accused the girl of coming after him sexually when she wanted something.
He was found guilty of one count of committing a lewd act with a child, two counts of lewd act with a child by duress, and one count each of continuous sexual abuse of a child and statutory rape.
The appellate court reviewed the case based on Sanders' allegations that the Lake County Superior Court erroneously imposed a booking fee and that it violated his right to counsel by denying his request for funding of a false confession expert.
The appellate court found that Sanders' complaint about the booking fee was unwarranted.
Regarding his allegation that his right to counsel was violated, the appellate court found that Sanders' claims that he was indigent – and so required the court to pay for an expert witness on false confessions – were inadequate.
“Further, even if defendant was indigent at the time of trial, his request failed to demonstrate the necessity for an expert witness on false confessions. His counsel's declaration stated only that he required an expert 'to properly evaluate defendant's claim that his confessions were coerced by law enforcement.' Counsel did not proffer any other explanation or justification for the expert or explain why cross-examination of the pertinent witnesses would not be effective,” the opinion stated.
The appellate court further pointed out that Sanders' confession was not the key evidence against him. Rather, the girl's testimony – which her mother and forensic evidence corroborated – was key.
Sanders, now 32, must serve 85 percent of his sentence before being released, according to the prosecution. He will be nearly 70 before he's released.
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LCSO search warrant nets pot, meth and stolen firearm
LAKEPORT, Calif. – Service of a search warrant by the Sheriff’s Narcotics Task Force on Tuesday resulted in one arrest and the seizure of methamphetamine, marijuana and a stolen firearm, according to a sheriff's department report.
Katherine Eve Johnson, 33, of Lakeport was arrested for possession of a controlled substance for sales, transportation of a controlled substance, cultivation of marijuana, possession of marijuana for sale, possession of a controlled substance while armed and possession of known stolen property.
LCSO narcotics detectives secured a search warrant for the residence and property located in the 1100 block of 11th Street in Lakeport August 13, 2013 and detectives served a warrant at approximately 5:16 p.m. the same day.
Narcotics detectives searched the residence, located and seized approximately 36 grams of methamphetamine from Johnson's bedroom.
The methamphetamine was concealed inside a purse which was sitting on a shelf in the bedroom closet. Also inside the purse was a digital scale, several small plastic bags and a spoon. On the same shelf, detectives located a loaded Heckler & Koch .40 caliber semi automatic pistol.
A subsequent records check on the firearm revealed that it had been reported stolen by the Santa Ana Police Department.
Narcotics detectives also located two digital pound scales and a large plastic tub containing 5.2 ounces of processed marijuana in the Johnson's bedroom. The stolen firearm, processed marijuana and scales were seized as evidence.
In the backyard of the residence, detectives located and eradicated 26 marijuana plants. The plants were being concealed in the back yard by an eight foot black plastic fence. A search of Johnson’s vehicle produced another 7.6 grams of methamphetamine hidden in an eyeglass case located in the center console.
Johnson admitted ownership of all the marijuana and the methamphetamine, according to the report. She told detectives that she intended on selling the methamphetamine, because she was not making enough money on unemployment. Narcotics detectives tested a small amount of the suspected methamphetamine using a NIK test and received a presumptive postive for methamphetamine.
Johnson denied knowing that the firearm was stolen. She said it was given to her by a friend for self protection, but could not remember her friend’s last name. The estimated street value of the methamphetamine was $4,300.00.
Johnson was transported to the Lake County Hill Road Correctional Facility and booked.
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Police arrest Kelseyville man for trying to fill stolen prescription
LAKEPORT, Calif. – Lakeport Police officers on Thursday arrested a Kelseyville man attempting to fill a stolen prescription at a local pharmacy.
Joshua William Moore, 22, was arrested Thursday afternoon, according to a report from the Lakeport Police Department.
At 2:30 p.m. Lakeport Police units were dispatched to North Lake Medical Pharmacy to investigate the report of a male subject attempting to obtain a narcotic by using a forged prescription stolen in Novato, police said.
Alert pharmacy staff quickly determined that the prescription was forged and stolen after the subject presented it to them in an effort to obtain 150 Oxycodone pills. They then notified police in an effort to catch the suspect, according to the police report.
Lakeport Police officers responded and conducted surveillance of the location in order to locate the subject, police said.
The police report said that at approximately 2:55 p.m. officers located Moore returning to the pharmacy and placed him under arrest for felony charges of use of a forged stolen prescription and attempted possession of a narcotic.
Moore was booked into the Lake County Jail, with bail set at $15,000. Jail records indicated he later posted bail and was released.
The police department commended the pharmacy staff for their diligent efforts in making sure Moore was unable to obtain the narcotics.
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Sheriff's recall proponents turn in petitions
LAKEPORT, Calif. – On Thursday the group that for the last four months has collected signatures to qualify a recall of Sheriff Frank Rivero for the ballot submitted its petitions to the county's elections office.
The Committee to Recall Rivero and Restore Integrity submitted the signatures to Registrar of Voters Diane Fridley at about noon on Thursday. The deadline was 5 p.m.
Fridley said she waited for the recall proponents to go over the signatures one last time before they were officially accepted.
“Once we accept them, it's done,” said Fridley, explaining that the recall rules require that all signatures must be submitted at once.
Shortly after 3:30 p.m. Fridley reported that her office had accepted the signatures after counting them to make sure they had at least the required number of 7,026.
The raw signature count came out to approximately 7,762, Fridley said.
For perspective, Rivero received more than 11,100 votes in the November 2010 election in which he beat four-term incumbent Rod Mitchell, based on election records.
The effort to recall Rivero – now two and a half years into his first term – began in earnest this past March, following a unanimous no confidence vote by the Board of Supervisors.
At the same time the board sent Rivero a letter formally requesting his resignation. He refused.
The board's no confidence vote came in the wake of a determination by the District Attorney's Office that Rivero had lied about his part in a nonfatal 2008 shooting during which Rivero, then a deputy, shot at an unarmed man.
That “Brady” determination – named for a 1963 US Supreme Court case requiring prosecutors to disclose to criminal defendants exculpatory information, including credibility issues relating to officers involved in their cases – was listed among the grounds for beginning the recall action against Rivero.
Other grounds the group listed included conducting himself in an unethical manner, failing to form a citizens’ oversight committee as he had promised to do during the campaign, and alienating “every law enforcement agency in the County as well as the entire Board of Supervisors with your lack of accountability and your failed leadership.”
The group began circulating petitions in April. They had 120 days to gather at least 7,026 valid signatures from Lake County voters.
Fridley and her staff will now have 30 business days – excluding holidays – to validate the signatures the proponents submitted to her office.
If the recall qualifies for the ballot, there would not be enough time to add it to the November ballot. As a result, a special election would have to be called, based on election rules.
Fridley said Thursday that if the recall qualifies, she would submit a certificate of sufficiency to the Board of Supervisors, which would then call for an election to occur within 88 and 125 days.
The last county official to be recalled was Board of Supervisors Chair Robert M. Jones of Clearlake Highlands in November 1978, according to election records.
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Sheriff’s Narcotics Task Force arrests three in Upper Lake
UPPER LAKE, Calif. – The service of a search warrant by the Sheriff’s Narcotics Task Force has resulted in three arrests and the seizure of marijuana, firearms and $1,080 for asset forfeiture.
Amber Katharine Johnson, 40, of Upper Lake; Jesus Chavez, 37, of Sebastopol; and 37-year-old Melissa Nicole Johnson of Upper Lake were arrested on Wednesday, Aug. 7, for possession of marijuana for sales and the cultivation of marijuana, according to Lt. Steve Brooks.
On Tuesday, Aug. 6, narcotics detectives secured a search warrant for the property and structures located in the 1200 block of Mahoney Drive in Upper Lake, according to Brooks.
The following day at approximately 12:20 p.m. detectives served the warrant at the Mahoney Drive property, Brooks said.
When narcotics detectives entered the property, they detained five people without incident. In addition to Amber Johnson and Nicole Johnson, and Jesus Chavez, Brooks said they detained 64-year-old Norman Lake Johnson and 27-year-old Andrew Francisco Clelland, both of Upper Lake.
During a search of the property, detectives located and seized 400 large marijuana plants growing outdoors, Brooks said.
Brooks said in one of the structures detectives located and seized nine firearms. One of the firearms had a high capacity 30 round magazine, which also was seized. Narcotics detectives also located and seized $1,080 in US currency for asset forfeiture.
Amber Johnson, Jesus Chavez and Melissa Johnson were arrested and transported to the Lake County Hill Road Correctional Facility and booked, Brooks said.
Narcotics detectives are submitting a criminal complaint on Norman Johnson for possession of marijuana for sales, the cultivation of marijuana and possession of a firearm while committing a drug offense, and one for Clelland for the cultivation of marijuana, Brooks said.
The Sheriff’s Narcotics Task Force can be reached through its anonymous tip line at 707-263-3663.
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