How to resolve AdBlock issue? Lake County News reaches settlement in suit against sheriff
LAKEPORT, Calif. – On Monday a stipulated judgment was reached in Lake County News' lawsuit against Lake County Sheriff Frank Rivero, who blacklisted the online news publication and prevented it from receiving press releases and other information that's required by law to be released to the public.
John Jensen and Elizabeth Larson – doing business as Lake County News – and Rivero reached an agreement that calls for the Lake County Sheriff's Office to fulfill several Public Records Act requests by Lake County News that had been stalled, delayed or withheld, and for the online news organization to once again be given access to press releases from the agency.
In the suit Lake County News asked for information only but is requesting attorney's fees, the amount of which will be determined by a judge.
“We're just trying to obtain information we've requested but have not received,” said Jensen.
Representing Larson and Jensen, Davis attorney Paul Nicholas Boylan said the settlement is the very best possible result in the action.
“I have been saying that Sheriff Rivero holds all the cards in this action, that he could end this lawsuit at any time by agreeing to treat my clients fairly and provide them with information that they are entitled to receive both as journalists and as members of the public,” Boylan said.
“After months of delay, that is exactly what happened: The sheriff changes position, removes my clients from his 'black list' and provided them with information and documents that they requested – and he agreed to a stipulated judgment that can be enforced if necessary should he continue to discriminate against my clients,” Boylan said. “This is an excellent result that advances the causes of government transparency and freedom of information.”
In the lawsuit, filed in Lake County Superior Court in December, Jensen and Larson alleged that Rivero retaliated against them and their publication because Rivero is angry about coverage that has been critical of him.
To justify the blacklisting, which began last October, Rivero accused Lake County News of publishing misinformation and likened the publication to the National Enquirer.
The reporting at issue included a series of articles in which the journalists uncovered that Rivero was under investigation by Lake County District Attorney Don Anderson for allegedly lying about a 2008 shooting in which Rivero was involved while working as a deputy.
That investigation concluded last month, with Anderson determining that Rivero had lied and that he was to be placed on a list of “Brady” officers with credibility issues.
Anderson's findings were released to the public by visiting Judge William Lamb during a March 4 hearing in which Rivero sought a restraining order to prevent Anderson from releasing the findings to criminal defendants, as Anderson is required to do under the 1963 US Supreme Court case, Brady v. Maryland.
Rivero had attempted to exclude the public from the hearing and to have the documents sealed, but Lamb maintained the matter should be open to the public and ordered the findings be entered into public court filings.
The full settlement document is below.
031113 Lake County News stipulated judgment.pdf by LakeCoNews
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Supervisors to discuss Lucerne senior center contract, legal representation for sheriff
LAKEPORT, Calif. – The Board of Supervisors this week is set to consider whether to sever an agreement with a local senior center and if it must continue to pay for legal representation for the county’s sheriff, who is challenging the district attorney’s finding that he lied during a 2008 shooting investigation.
The board will meet beginning at 9 a.m. Tuesday, March 12, in the board chamber on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport. The meeting will be broadcast live on TV8.
At 10:30 a.m., county Social Services Department Director Carol Huchingson will ask the board for direction regarding the agreement between the county of Lake and Lucerne Alpine Seniors Inc. for health-related senior support services.
Late last month the Lucerne Alpine Senior Center had its contract with the Area Agency on Aging for Lake and Mendocino Counties after it was ruled a “high risk” provider of nutrition services, as Lake County News reported.
Huchingson will ask the board to consider whether or not to terminate the county agreement, which the staff report for the meeting said is about $4,400.
In an untimed item, the board will discuss and consider paying for continued independent legal representation for Sheriff Frank Rivero, who is challenging District Attorney Don Anderson’s finding that he lied about a 2008 nonfatal shooting.
A visiting judge last year ordered the board to provide Rivero with the outside attorney in dealing with Anderson’s investigation after determining there was a conflict of interest for the County Counsel’s Office.
However, as Anderson has made his determination that Rivero is now on the “Brady list” of officers with credibility issues, the board will take up the matter of continuing to fund Rivero’s attorney.
Last week Rivero was in court to attempt to get a restraining order on Anderson, which retired Butte County Superior Court Judge William Lamb denied. However, Lamb said Rivero could move forward with his effort to have a preliminary injunction placed on Anderson.
The full agenda follows.
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).
9:15 a.m., A-5: Consideration of re-establishment of the Geothermal Advisory Committee, including its purpose and membership categories.
9:30 a.m., A-6: Consideration of request for board direction regarding the status of Edmands Reclamation District (RD 2070).
10 a.m., A-7: (a) Consideration of FY 2012-13 appropriation of an additional $165,000 (for a total amount of $350,000) toward the abatement of nuisance aquatic weeds on Clear Lake; and (b) consideration of options and funding sources regarding algae abatement, quagga/zebra mussels and invasive species on Clear Lake.
10:30 a.m., A-8: Consideration of request for board direction regarding the agreement between the county of Lake and Lucerne Alpine Seniors Inc. for health-related senior support services.
NONTIMED ITEMS
A-9: Supervisors’ weekly calendar, travel and reports.
A-10: Consideration of proposed resolution in support of the reduction of senseless gun violence in the United States.
A-11: (a) Consideration of proposed ordinance adding Article X to Chapter 15 of the Lake County Code establishing standards for the issuance of Marina Berthing Licenses in the County of Lake (second reading); and (b) consideration of proposed resolution allowing licenses and license fees for property located in Nice, Calif.
A-12: Discussion/consideration of continued independent legal representation for Sheriff Rivero pursuant to Government Code Section 31000.6 to challenge determination of district attorney.
A-13: (a) Consideration of request to waive the formal bidding process and make a determination that competitive bidding would produce no economic benefit to the county; and (b) consideration of request to authorize the Special Districts Administrator to negotiate an agreement with Clearlake Lava Inc. for the Lake Recovery Project.
A-14: Consideration of proposed Resolution expanding the membership of the Geothermal Impact Mitigation Fund Cobb Valley Committee (adding one member at large position).
CLOSED SESSION
A-15: 1. Conference with labor negotiator: (a) county negotiators: A. Grant, L. Guintivano, M. Perry, and A. Flora; and (b) employee organization: Deputy District Attorney's Association, Lake County Deputy Sheriff's Association, Lake County Correctional Officers Association, Lake County Employees Association and Lake County Safety Employees Association.
A-15: 2. Public employee performance evaluation: Animal Care and Control Director Bill Davidson.
A-15: 3. A-15: 2. Conference with legal counsel: Existing litigation pursuant to Gov. Code Sec. 54956.9(a): Jensen and Larson v. Lake County Sheriff’s Office, et al.
CONSENT AGENDA
C-1: Approve minutes of the Board of Supervisors meeting held on March 5, 2013.
C-2: Approve the destruction of documents pursuant to Government Code Sections 26202 and 26205 (2006-07 Deposit Permits, 2006-07 Receipts Duplicates Records, 2006-07 Department Time Cards/Time Off Requests, 1996-97 Registers, 2006-07 Time Reports and Hours Proof, 2006-07 Vacation & Sick Accruals (Monthly), 1999-00 Tax Rolls - Secured, 2006-07 Tax Rolls - Unsecured and 1999-00 Tax Rolls - Delinquent Secured).
C-3: Adopt resolution approving the AIDS Drug Assistance Program (ADAP) Contract with the State of California, Department of Public Health for Fiscal Years 2012/2013 through 2014/2015, and authorizing the director of Health Services to sign said contract.
C-4: Approve seventh amendment to agreement between the county of Lake and Sun Ridge Systems Inc., for the purchase and installation of RIMS CLETS Installation Software and authorize the chair to sign.
C-5: (a) Waive the formal bidding process and make a determination that competitive bidding would produce no economic benefit to the county; and (b) authorize the sheriff-coroner/assistant purchasing agent to issue a purchase order to Baker Distributing Inc. for five HVAC units, for a total amount of $20,342.88.
C-6: Approve second amendment to the agreement between the county of Lake and Redwood Toxicology Laboratory Inc., for drug and alcohol testing services (extending the contract for three years), for an amount not to exceed $25,000, and authorize the chair to sign.
Email Elizabeth Larson at
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Clearlake man arrested following vehicle pursuit with police
CLEARLAKE, Calif. – A Clearlake man was arrested earlier this week after leading police on a high speed vehicle pursuit.
Brody Pirtle, 61, was taken into custody following the chase, which began shortly after 11:30 p.m. Monday, according to a report from Clearlake Police Sgt. Martin Snyder.
Snyder said Det. Lenz and Officer Franklin were conducting an unrelated call for service in the McDonald’s parking lot when Lenz observed a male adult seated in a parked 2002 Ford Escape.
Lenz identified the male as Pirtle, who he discovered was a parolee at large with an active warrant for his arrest, Snyder said.
Lenz contacted Pirtle at the driver side window of the vehicle, and Snyder said Lenz and Franklin ordered Pirtle to exit the vehicle.
Pirtle failed to follow the officers’ commands and started the vehicle. Snyder said Lenz attempted to stop Pirtle from placing the vehicle into gear and a brief struggle occurred through the window.
Snyder said Pirtle was able to get the vehicle into gear and fled the scene through the McDonald’s parking lot. Lenz and Franklin returned to their patrol vehicle and pursued Pirtle through the city.
Pirtle evaded officers for approximately two miles, reaching speeds of 65 miles per hour on residential streets, Snyder said.
The vehicle pursuit ended when Pirtle’s vehicle reached the end of a dead end street. Snyder said Pirtle fled the vehicle on foot and was later apprehended and placed under arrest for assault with a deadly weapon on a police officer, felony evading in a vehicle, resisting arrest and a parole violation.
Due to injuries sustained during the apprehension and prior medical injuries, Pirtle was cited and released to medical staff for treatment, Snyder said.
The investigation was forwarded to the Lake County District Attorney’s Office for filing, according to Snyder.
Anyone with information regarding this case can contact Det. Lenz at the Clearlake Police Department at 707-994-8251.
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Judge denies sheriff's request for restraining order against DA, places 'Brady' findings in public record
LAKEPORT, Calif. – On Monday a visiting judge denied an attempt by the county's sheriff to get a restraining order to prevent disclosure that he lied to investigators about a 2008 shooting.
Retired Butte County Superior Court Judge William Lamb denied Sheriff Frank Rivero's request for a restraining order against District Attorney Don Anderson, and also refused to close the hearing to the public or to allow the case's documents to remain under seal.
That means that Anderson's finding on allegations that Rivero lied during a 2008 shooting investigation now are public record.
The finding: Rivero lied and now is on the District Attorney's Office's “Brady” list of officers with credibility issues, according to case documents Lake County News obtained following the hearing.
Lamb did, however, allow Rivero to move forward in the process of seeking a preliminary injunction against Anderson. Hearings for that action have not yet been scheduled.
Rivero served Anderson last Friday in the case, as Lake County News has reported.
The action was Rivero’s attempt to stop Anderson from disclosing anything publicly or to criminal defendants about the finding.
Anderson is required under the 1963 U.S. Supreme Court Brady v. Maryland to disclose to criminal defendants any information that could be exculpatory, including issues surrounding the credibility of law enforcement officers involved in their cases.
In the spring of 2011 Anderson had begun his inquiry, which wrapped up last month. Anderson told Lake County News that he sent his finding to Rivero’s attorney on Feb. 19, the same day that the Board of Supervisors approved adding $2,000 to the contract with the Fullerton-based Jones and Mayer law firm, who the county was forced to hire due to a judge’s ruling last year.
Anderson and Rivero’s attorney had an agreement that information about the finding would not be disclosed publicly for 10 days after the determination, with Rivero’s suit coming on the 10th day.
However, that was a day after Anderson's final report on the Brady investigation was shown to retired Lake County Superior Court Judge David Herrick in chambers during a motions hearing in the case of three Hells Angels members facing prosecution for a June 2011 fight with a rival gang member.
After that review Herrick ordered the report to be provided to the defendants but to be placed under seal and not disclosed publicly.
A full report on the hearing, along with the full hearing video and an examination of the documents, will be posted Tuesday morning.
Email Elizabeth Larson at
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Sheriff seeks restraining order, injunction against DA over 'Brady' disclosure
LAKE COUNTY, Calif. – Lake County's sheriff has filed a suit against the district attorney in an effort to block disclosure of a finding regarding allegations that he lied about a 2008 shooting incident.
On Friday, District Attorney Don Anderson was served with notification that Sheriff Frank Rivero had filed an application for a restraining order and injunction, and also was seeking a writ of mandate regarding findings in Anderson's investigation of the noninjury shooting.
Rivero, while working as a deputy sheriff in February 2008, shot at a man holding a can of pepper spray. It's alleged that he lied to investigators about what he actually saw the man holding in his hand.
Anderson conducted the inquiry under the terms of Brady v. Maryland, a 1963 U.S. Supreme Court case that requires the government to disclose to defendants in criminal cases any information that could potentially clear them, including information about the credibility of law enforcement officers involved in their cases.
“I knew it was coming,” Anderson said of Rivero's legal action.
He said the attempt is being made by Rivero's attorney to keep the Friday filing under seal so that the documents can't be released publicly.
Anderson said the injunction is seeking to stop him from disclosing anything about Rivero's Brady finding either publicly or to criminal defendants.
That, in turn, either could cause Anderson to violate his prosecutorial duties – which could see him sanctioned – force him to drop criminal cases or violate court orders.
Last week, Anderson had sent his finding to Rivero's attorney, with whom he had a “gentleman's agreement” to not disclose the findings publicly for 10 days. That embargo should have run out on Friday, the day Anderson was served.
However, the suit is a day too late in one particular case.
On Thursday, a judge ordered a document related to Rivero's Brady matter to be made available to three Hells Angels members to use in their defense against charges based on a June 2011 fight with a rival Vagos gang member, as Lake County News reported.
While Anderson's office has indicated that Rivero won't be called as a material witness at trial, scheduled for May, retired Lake County Superior Court Judge David Herrick ruled that the information was to be made available to the defense but kept confidential until trial.
The hearing on the restraining order will be held at 3:30 p.m. Monday, March 4, before a visiting judge, Anderson said.
Last year Rivero sued the Lake County Board of Supervisors, which was forced by a visiting judge to provide Rivero with outside counsel on the Brady matter due to a conflict of interest with the County Counsel's Office, which nevertheless represented Rivero at the Hells Angels case motion hearings this week.
On Feb. 19, the same day that Anderson released his finding to Rivero's attorney, the board voted 3-2 to amend a contract with the Jones and Mayer law firm of Fullerton to raise the amount of the counsel contract from $6,500 to $8,500.
A closed session discussion regarding Rivero's lawsuit against the Board of Supervisors and a “significant exposure of litigation” related to it is on next Tuesday's Board of Supervisors agenda.
Email Elizabeth Larson at
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