How to resolve AdBlock issue? Sheriff's personnel records released to defendants in Hells Angels case
LAKEPORT, Calif. – In the second day of motion hearings in preparation for their May trial, three men charged for a June 2011 fight won the right to access the Lake County sheriff's personnel records.
The ruling means that at trial Nicolas Carrillo, Josh Johnson and Timothy Bianchi – all members of the Sonoma County Hells Angels Chapter – will be able to use information taken from Sheriff Frank Rivero's personnel documents in their defense.
The men are facing charges including criminal street gang participation and battery – with Bianchi also facing assault with a deadly weapon other than a firearm – for the fight with validated Vagos motorcycle gang member Michael Burns and another man, Kristopher Perkin on June 4, 2011, during a tattoo convention at Konocti Vista Casino in Lakeport.
Retired Judge David Herrick ruled on Thursday that portions of Sheriff Frank Rivero's personnel records were discoverable in the case based on a Pitchess motion – used for seeking peace officer records – filed by attorney Michael Clough on behalf of his client Carrillo, with Herrick also ruling that Johnson and Bianchi would be able to access the information.
Clough also sought personnel records for Sgt. Gary Frace, who at the time of the fight was a deputy who responded to the incident and worked on the investigation.
Herrick reviewed Rivero's and Frace's personnel records in chambers. In Frace's case, Herrick reviewed five years of records.
For Rivero, he looked at all records going back to October 2011, which was the point at which Judge Andrew Blum had reviewed Rivero's records during a previous Pitchess motion but found no discoverable material.
During the first day of motion hearings in the case on Wednesday, it was stated in court that after Frace made statements to a sergeant that the case was closed, Rivero issued an order preventing Frace from discussing the case with anyone else.
Herrick said that in looking at the files he was seeking items concerning the thoroughness, competency and quality of Frace's investigative abilities and techniques.
“I find one body of documents all pertaining to the same incident to be discoverable in a Pitchess motion on those issues,” he said.
Herrick said the sheriff's complaint was that Frace was derelict in his duties in his investigation of the Hells Angels case, including a generalized complaint about the investigation, and a specific complaint about the absence of any arrests or identification of suspects.
That complaint resulted in an internal affairs investigation, the details of which Herrick said could be subject to some privilege.
With regard to Rivero's records, Herrick said there was only one complaint that he found to be within the scope of what he was looking for.
Without divulging the contents of the documents, Herrick said it related to a “general allegation of false statements” that were in no way related to the Hells Angels case.
Rivero has been under investigation by the District Attorney's Office for allegedly lying about his actions during a February 2008 incident in which he shot at a man with pepper spray while he was working as a sheriff's deputy.
District Attorney Don Anderson has carried out the investigation as part of an inquiry related to the 1963 US Supreme Court case Brady v. Maryland, which requires prosecutors to divulge to criminal defendants any information that could be exculpatory, including matters relating to the credibility of law enforcement officers involved in their cases.
Anderson told Lake County News last week that he had made the decision but had reached an agreement with Rivero's attorney to hold the decision for a 10-day period. That embargo is set to end on Friday.
Herrick placed a protective order on the personnel records, which may be accessed by the defendants but are are not to be disclosed publicly. He also released the names of witnesses to the investigations to the defense.
Another hearing in the case is scheduled for March 22, and Clough indicated that if he can't interview the witnesses whose names Herrick released to him he will at that time seek to get the substance of the reports.
Clough also has been seeking Brady disclosures on Rivero, although the District Attorney's Office has indicated they don't intend to call Rivero as a material witness at trial, which would mean they would not have to disclose any Brady material.
Senior Deputy District Attorney Art Grothe offered to go in chambers with Herrick to show him “a document” that would assist the judge in making an informed decision about the Brady matter.
Clough noted, “We do not know the substance of the document. We obviously have an idea of the substance of the document,” and he said he was prepared to waive the right of the defendants to be present at the in-chambers review of the information.
Herrick ultimately agreed to the confidential discussion with Grothe in chambers, and when he emerged he ordered the document to be made available to the defense under the same rules as the Pitchess motion materials. None of it can be used until trial, scheduled for May.
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Sheriff's office offers update on Middletown bank robbery; pictures of suspect released
MIDDLETOWN, Calif. – The Lake County Sheriff's Office said it is still searching for a man who robbed the Westamerica Bank in Middletown on Wednesday, with the suspect believed to be responsible for several other bank robberies around the region.
The agency also released several still images of the suspect – who robbed the bank at 21058 Calistoga Road just before 3:30 p.m. Wednesday – that were taken from the bank's video surveillance system.
Lt. Steve Brooks said that at approximately 2:39 p.m. Wednesday a male subject walked into the Tri Counties Bank, located at 21097 Calistoga Road in Middletown, and asked the teller to make change for a $100 dollar bill, which he received.
The subject left the bank after receiving his change without incident. However, a bank employee contacted the Lake County Sheriff’s Office shortly after the subject left, due to the employee having a feeling that the subject may have been there to rob the bank, Brooks said.
Brooks said the subject was described as a white male adult, approximately 5 feet 9 inches tall, with a stocky build and scruffy facial hair. He was wearing a black hooded sweatshirt, black baseball hat and sunglasses.
A Lake County Sheriff’s Office patrol deputy responded to the bank and arrived within seven minutes of the call being placed, Brooks said. The deputy obtained the subject's description and conducted an area check, but was unable to locate the man.
Then, at 3:23 p.m., a male subject walked into the Westamerica Bank and asked the teller to make change for a $100 bill, Brooks said.
When the teller turned to make change, the suspect produced a note instructing the teller to give him money. Brooks said the note also indicated that the suspect was in possession of a firearm, although no weapon was seen.
The suspect obtained an undisclosed amount of money from the teller and then walked out of the bank, leaving in an unknown direction, Brooks said.
He said the description of the suspect was nearly identical to the description provided by employees of Tri Counties Bank.
The first sheriff’s office patrol deputy arrived at the bank within four minutes of the call being placed. Numerous Sheriff’s Office patrol deputies, detectives and California Highway Patrol Officers arrived at the scene a short time later, Brooks said.
An extensive search of the area was conducted with negative results. Crime scene investigators also responded to collect evidence, and Brooks said the Federal Bureau of Investigations was notified of the robbery.
Brooks said the suspect in Wednesday's robbery in Middletown is believed to be the same suspect responsible for several bank robberies which have recently occurred in the North Bay area.
The investigation is ongoing and anyone who may have information regarding this case is encouraged to contact the Lake County Sheriff’s Office at 707-263-2690.
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California attorney general files U.S. Supreme Court brief in support of marriage equality
California Attorney General Kamala Harris has filed a friend-of-the-court brief in the United States Supreme Court arguing that Proposition 8 is unconstitutional and the initiative’s sponsors do not have the right to claim to represent the interests of California by defending the law in federal court.
“Equal protection under the law is a bedrock of our Constitution and fulfills our nation’s binding principle that all people are created equal and should live free of discrimination,” said Harris. “I look forward to the day when all Californians are granted their full civil rights and can marry the person they love.”
In August 2010, a federal district court invalidated Proposition 8 on the grounds that it violated the equal protection guarantee of the Fourteenth Amendment of the United States Constitution by taking away the right of same-sex couples to marry, without a sufficient governmental interest.
Gov Jerry Brown and Attorney General Harris both refused to defend Proposition 8 on the basis that the law is unconstitutional.
The amicus brief lays out the harm done by Proposition 8 by preventing marriage between gay and lesbian couples.
“The sole yet profound effect of Proposition 8 was to take away the right of gay and lesbian couples to call their union a ‘marriage’ and to strip loving relationships of validation and dignity under law. It did not change any of the legal rights and responsibilities afforded same-sex couples and their children under California law,” the amicus brief states. “To be clear, Proposition 8’s sole purpose was to prevent same-sex couples from marrying. There is absolutely no legitimate or rational state interest in doing so. Proposition 8 is therefore unconstitutional.”
The brief affirms that creating a stable home for children is an important interest served by marriage under California law – and one that is furthered by allowing all couples to marry.
“The state’s interest in protecting children, including the over 50,000 children in California being raised by same-sex parents, is poorly served by allowing so many of them grow up feeling inferior because their family unit is not validated and honored by law,” the amicus brief states. “California’s interests in protecting all of its children – and their basic dignity and understanding of fairness and justice – are best served by allowing same-sex couples to enjoy the same benefits of marriage as opposite-sex couples.”
Harris also argued that the sponsors of Proposition 8 cannot defend the law in federal court because they do not have legal standing to bring this appeal.
The brief argues that, unlike state officials, the sponsors lack enforcement authority and therefore do not suffer “injury-in-fact” as a result of a federal district court’s judgment enjoining Proposition 8’s enforcement.
“The decisions below invade proponents’ interest only to the extent that they, like other voters, have a generalized interest in the enforcement of Proposition 8,” the amicus brief said.
As a result, the Proposition 8 sponsors “can only assert the kind of undifferentiated interest in the validity of state law that this Court has held to be insufficient for [legal] standing.”
The U.S. Supreme Court will hear oral arguments in the matter on March 26.
In May 2011, Attorney General Harris filed a similar amicus brief in California Supreme Court.
022713 California AG Prop 8 Brief by LakeCoNews
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Police arrest couple for child cruelty after discovering unsafe conditions at home
CLEARLAKE, Calif. – A Clearlake couple were arrested Monday on allegations of child cruelty after police found them and their three children to be living in unsafe conditions.
John Michael Anderson and Melissa Anne Ryan, both age 27, were arrested after police were dispatched to their home on a report of a disturbance, according to Clearlake Police Sgt. Nick Bennett.
Just before 12:30 p.m. Monday Officer Tyler Paulsen responded to the home on Bowers Road, finding three people involved in an argument in front of the residence when he arrived, Bennett said.
Paulsen interviewed the three people and learned that one of them had possibly been assaulted with a shovel prior to his arrival, according to Bennett's report.
Bennett said Officer Alan Collier had responded as a cover officer and conducted a protective sweep of the residence, making sure there were no injured persons inside.
After the parties had calmed down, Officer Collier advised Officer Paulsen that the living conditions inside the residence were, according to Bennett's report, “horrendous.”
Officer Paulsen, having prior knowledge that children resided at the home, then began an investigation into the welfare of the children who were on the scene and others who lived there based on the living conditions at the residence, Bennett said.
Bennett said a visual search of the residence indicated there was garbage strewn throughout the home, dirty clothing in every room, open alcohol containers, broken glass on the floors and beds, filthy bedding where the children slept, dangerous sharp tools in the house within reach of toddlers, an older tube style television with a shattered front glass screen on the floor, and spoiling and moldy food in the kitchen, Bennett said.
Anderson and Ryan were arrested and transported to the Lake County Jail, where they were booked, Bennett said.
Jail records showed that bail for each was set at $75,000. Both remained in custody on Tuesday evening.
Bennett said the three children – who range in age from 6 months to 10 years – were released to the custody of Lake County Child Protective Services.
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Clearlake Police officers arrest man alleged to have raped acquaintance
CLEARLAKE, Calif. – On Monday Clearlake Police officers arrested a local man who is alleged to have raped a female acquaintance over the weekend.
Eric Jeff Vangelder, 49, of Clearlake, was arrested early Monday morning, according to a report from Sgt. Nick Bennett.
Bennett said that at approximately 6:15 p.m. Sunday a Clearlake woman reported to police that she had been raped by an acquaintance, who was known to her by the name of “Eric.”
An investigation by Sgt. Dominic Ramirez and Officer Chris Reagan revealed the alleged victim and “Eric” had been with mutual friends the night before and were drinking alcohol, Bennett said.
On Sunday the alleged victim and the suspect were hanging out when she decided to go to bed because she was feeling the effects of the alcohol from the night before. Bennett said the woman reported awakening to find the suspect on top of her, having intercourse with her.
Ramirez and Reagan determined through their investigation and interviews that the suspect was possibly Vangelder, however, Bennett said they initially were unable to find him.
Then, at 12:55 a.m. Monday Officer Bobi Thompson located Vangelder while investigating a suspicious vehicle in the 7000 block of Old Highway 53. Bennett said Vangelder was taken into custody without incident.
Vangelder was booked into the Lake County Jail for felony rape of a drugged victim and misdemeanor possession of controlled substance paraphernalia, Bennett said.
Vangelder's bail was set at $50,000, according to jail records.
Anyone with any further information on this case is asked to contact Det. Ryan Peterson at 707-994-8251.
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