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Judge awards legal fees in Lake County News’ First Amendment lawsuit against sheriff
LAKEPORT, Calif. – The county of Lake was ordered Tuesday to pay $110,990 in attorney’s fees and court costs in a suit that determined Sheriff Frank Rivero had engaged in practices that discriminated against Lake County News.
Visiting Judge J. Michael Byrne said that Lake County News’ suit against the county and Rivero was “absolutely necessary” in settling the First Amendment violations against the publication.
John Jensen and Elizabeth Larson – owners of Lake County News – sued Rivero in January because he blacklisted them in October 2012 in retaliation for news coverage he considered unfavorable.
“We sued solely for our rights,” said Jensen, noting Lake County News will not receive any of the award.
Rivero cut Lake County News off from distribution of press releases and other public safety information, and required Jensen and Larson to use the California Public Records Act to obtain documents from the sheriff's department that already had been released to other media, said Davis-based attorney Paul Nicholas Boylan, who represented Lake County News in the case.
“In addition, Jensen and Larson had to drive to the office of the sheriff and pay for copies being made instantly, electronically and free to other county news outlets,” Boylan said.
Boylan said Rivero didn't like what Lake County News was printing about him and Rivero, in turn, decided to hurt them by cutting their news site off from public safety information.
Some of the stories at issue covered District Attorney Don Anderson’s investigation into allegations that Rivero had lied about a 2008 nonfatal shooting. Those articles predated Anderson’s finding this past February that Rivero had lied and Rivero’s subsequent placement on a “Brady list” of officers with credibility issues.
A stipulated judgment filed in the case this spring reinforced Lake County News’ rights to receive public records from the sheriff’s office. It also calls for the Lake County Superior Court to retain jurisdiction in order to allow Lake County News to apply, at any time, for the enforcement of the agreement’s provisions and sanctions or other punishments for violations.
Communications from the sheriff's office remains under court supervision, according to the stipulated judgment.
The award represents about 1.36 percent of the 2012-13 sheriff's budget. County Counsel Anita Grant was unavailable Wednesday to discuss how the judgment would be paid.
“Our coverage has been truthful and accurate, he just doesn't like it,” Larson said. “We tried everything to avoid going to court. The sheriff persisted in his retaliation against us for coverage that he didn't like, leaving us no alternative but to sue him.”
"I think that Frank Rivero should pay for his actions from his own pocket, quit sticking it to the local residents and stop draining already tight budgets intended to provide services to county residents,” Jensen said.
Boylan said Lake County residents will gain from the settlement due to better access to public safety information and improved government transparency.
A recall campaign is working to remove Rivero from office. The recall campaign Web site reports it has collected about 6,000 of the slightly more than 7,000 signatures needed by the deadline of June 26 for the November election.
Rivero was first elected in 2010, defeating long-time sheriff Rodney K Mitchell. In that election Rivero received 11,103 votes, or about 54.2 percent of the 20,488 cast.
The recall campaign and Rivero did not return requests for comment.
Patrick Boylan (no relation to Paul Boylan) is a former Chicago Sun-Times staffer who now runs the Welles Park Bulldog ( www.wellesparkbulldog.com ), an award-winning community news Web site in Chicago, Ill.
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- Written by: Patrick Boylan
Clearlake Police K9 program dinner/dance fundraiser takes place June 22
CLEARLAKE, Calif. – A fundraiser to benefit the Clearlake Police Department’s K9 program will take place this Saturday, June 22.
The inaugural dinner, dance and auction will be held at the Clearlake Senior Center, 3245 Bowers Lane. Doors and bar opens at 5:30 p.m.
There will be numerous items to be auctioned and raffled off, including seven firearms and a week’s vacation to Cabo San Lucas at Playa Grande Resort and Grand Spa. Steely Productions will provide the entertainment.
Dinner tickets are $20 in advance or $25 at the door. This event is for ages 21 and older.
The community’s generous contributions and support are needed to help out K9 program.
All donations are tax-deductible.
To purchase your dinner tickets, or gun raffle tickets contact, contact Officer Elvis Cook at 707-972-6681, Officer Mike Ray at 707-295-6268 or Officer Michael Carpenter at 707-994-8251.
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- Written by: Lake County News reports
Police K9 helps capture weekend chase suspect
CLEARLAKE, Calif. – A police dog helped apprehend a Clearlake man last weekend following a vehicle and foot chase.
Jesse James Vezeau, 24, was arrested at the end of the pursuit with the help of Clearlake Police's K9 “Dex,” according to Lt. Tim Celli.
At midnight on Saturday, June 15, Clearlake Police Officer Alan Collier was conducting extra traffic patrol, watching the intersection and stop sign at Acacia Street and Arrowhead Road, Celli said.
Officer Collier saw a black Acura Integra traveling west on Arrowhead Drive. Celli said the vehicle traveled through the stop sign without stopping and Collier attempted to make a traffic stop on the vehicle for the violation of running the stop sign.
When Collier attempted to stop the vehicle, the Acura immediately sped up in an obvious attempt to evade the officer, Celli said.
Celli said the suspect driver, later identified as Vezeau, drove with disregard for public safety while leading the officer on a 2.4-mile pursuit through residential areas.
Vezeau was traveling in excess of 65 miles per hour in opposite lanes of traffic, fishtailing around turns and failing to stop for stop signs while traveling at excessive rates of speed, Celli said.
Vezeau’s vehicle apparently suffered damage due to his reckless driving, finally becoming disabled in the 13200 block of Lakeshore Drive, according to Celli.
He said Vezeau ran from the vehicle and Collier pursued him on foot. Vezeau attempted to jump an approximate 5-foot-tall rock wall, at which point Collier caught up with Vezeau and grabbed on to his feet.
Celli said Vezeau began to kick at the officer in an effort to get free. Collier was able to pull Vezeau off the fence to the ground, where he continued to resist the uniformed officer.
Vezeau failed to comply with numerous commands to stop fighting with the officer and continued to violently struggle with Collier, Celli said.
Officer Michael Carpenter and his K9 partner Dex arrived on scene to assist Collier, Celli said. Due to Vezeau’s violent resistance toward officers, the fact he led officers on a 2high speed pursuit with disregard for public safety and it was unknown if the suspect had any weapons on him and his failure to obey commands to stop resisting, Dex was deployed to assist with the apprehension of the suspect.
Celli said Dex bit Vezeau in the upper torso, at which time Vezeau stopped resisting with the officers and complied with their orders. Vezeau was arrested without further incident.
Vezeau was transported St. Helena Hospital Clear Lake where he received treatment for his injuries related to the K9 bite, Celli said.
Vezeau was medically cleared for incarceration and booked into the Lake County Jail for felony evasion, and misdemeanor charges of resisting a police officer and driving on a suspended driver license, according to Celli.
Bail for Vezeau was set at $70,000 and jail records indicated he remained in custody early Wednesday.
Celli said that during an interview, Vezeau told officers he led them on a pursuit because he thought he had a warrant for his arrest and believed he could get away.
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- Written by: Lake County News reports
Clearlake Police Department reports on discovery, detonation of explosive device
CLEARLAKE, Calif. – The Clearlake Police Department reported Tuesday that a pipe bomb found at a city residence over the weekend was safety detonated.
Lt. Tim Celli said the device was reported to police shortly before 9 p.m. Saturday, June 15.
At that time, Clearlake Police officers were dispatched to a report of a pipe bomb being found at a residence located in the 15700 block of 45th Avenue.
The reporting party told officers that the device was found by children while they were playing in the backyard of the residence, Celli said.
When the reporting party discovered what the children actually found, he immediately took the item out of the residence and out front to the street and called police, according to Celli.
Celli said when police officers arrived, they determined it was in fact an explosive device and immediately evacuated nearby residences.
Additional resources from the fire department and Napa County Bomb Squad were requested to the scene. Celli said when Napa County Bomb Squad arrived on scene, its members assessed the device and determined it could be destroyed in place safely.
He said the device was detonated with no damage to persons or property.
Residents were evacuated from their homes for approximately three hours. Once the scene was determined to be safe, residents were allowed back to their homes, Celli said.
Celli said Tuesday that it was unknown how the device actually ended up in the backyard of the residence.
Through an investigation officers discovered the home was purchased approximately a year and a half ago through foreclosure. At the time of purchase the residents claim to have cleaned property out of the backyard, but had never seen the device before, according to Celli.
This case remains under investigation and. anyone with information regarding this case is asked to contact Clearlake Police Officer Mike Carpenter, Celli said.
He reminded citizens that if they find a suspicious device to leave the item in place and notify authorities immediately.
Celli said the Clearlake Police Department thanked all involved in bringing this incident to a safe conclusion, including Napa Bomb Squad, Lake County Office of Emergency Services and Lake County Fire Protection District.
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- Written by: Lake County News reports