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Robert Wayne Wiley, 75, of Lakeport entered the plea on Jan. 9 as part of an agreement reached with the Lake County District Attorney's Office, said his attorney, J. David Markham.
The plea deal resulted in a second, identical charge being dropped against Wiley, who had been scheduled to go on trial Jan. 27, Markham said.
Originally, Wiley was arrested on one count but later was charged with four felony counts of possessing child pornography, Markham explained. “Then the judge reduced it to two counts after the preliminary hearing.”
Deputy District Attorney Ed Borg said the second count was dismissed under a Harvey waiver, which allows the judge to consider the additional charges in making a sentencing decision.
Wiley, who worked for many years representing juveniles in criminal and civil matters in Lake County Superior Court, was arrested in September of 2007 as the result of an investigation that first started several months earlier.
In February of 2007, a bailiff in Department A, where juvenile matters are handled, found a thumb drive – a small media device for holding computer files – in the jury box, as Lake County News has reported.
When the bailiff plugged it into a computer to see if he could find out who it belonged to, he allegedly found pornographic images of children and turned it over to the sheriff's office, who in turn passed it on to District Attorney's Office Investigator Craig Woodworth.
The children in the materials were not children Wiley either knew or represented, according to court documents.
Woodworth – assigned to the Northern California Computer Crimes Task Force, headquartered in Napa – examined the computer evidence, including the thumb drive and computers that were taken from Wiley's home and office, said Borg.
It wasn't until the summer of 2008 that Wiley as formally charged. Borg said the computer examinations took a long time, and resources for that work are stretched thin.
At the same time, a special master was brought in to help review what materials were appropriate to be included in the investigation. Borg explained in a previous interview that a special master is another attorney who examines materials before they're submitted to law enforcement in order to protect “work product,” or materials that could compromise attorney-client confidentiality,
All local judges recused themselves from the case, which was heard by retired Fresno County Superior Court Judge Harry N. Papadakis.
Borg said the probation report, which will make suggestions about sentencing, hasn't been completed.
Wiley worked in the county's juvenile court system, which is run the Lake County Probation Department. Because of a close working relationship he had with the probation department, the agency has recused itself from preparing the report. Borg said Mendocino County's probation department is preparing the report instead.
Markham said Wiley is due to be sentenced on Feb. 27.
The penal code offers three sentencing options – 16 months, two years or three years in state prison, said Borg.
However, since Wiley has no previous criminal record, he'll probably receive probation. “It's not a case where it's likely at all that he'll go to prison,” said Borg.
Wiley will be required to register under Megan's Law, Borg added.
There also will be repercussions with the California State Bar.
“We are required to notify the state bar when we have an attorney charged with a crime, and then we notify them when they've been convicted of a crime,” said District Attorney Jon Hopkins.
From there, the state bar will determine what kind of disciplinary action to take, Hopkins said.
At the time of his arrest, Wiley lost his contract with the Lake County Superior Court to represent juveniles in civil matters, and agreed to end his contract for dealing with juvenile criminal cases with Lake Legal Defense Services, which administers the county's public defender's contract.
E-mail Elizabeth Larson at
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City Council member Joyce Overton is helping to lead the effort, which also will include a summit on the homeless issue..
According to Overton, the local homeless problem is growing.
Due to the country’s economic situation homelessness is hitting families who previously had a home of their own and the problem is increasing. And with foreclosures rising in our county homelessness will only continue to get worse, she said.
Overton said there are a few places for the homeless to go to receive food, but there is no place for most to sleep where it is warm, since there has been no shelter established in the community.
A few in the community have been guardian angels and have provided a place to sleep and stay warm by paying for a hotel room for the night or providing blankets, gloves, tarps and more – but Overton said it isn't enough.
The community is asked to come together as part of a call to action. Overton said a drive called “Warm for the Winter” has been established locally to help those in dire need.
Community members are asked to drop off gloves, socks (which are needed the most), stocking caps, ear muffs, coats, blankets and anything else that would help keep people warm.
Drop off points and monetary donations can be delivered to the Lake County Community Agency. (LCCAA), located behind Foods Etc.; Calvary Church, 14330 Memory Lane, behind the laundromat on Olympic; and Church of the Nazarene, 15917 Olympic Dr., corner of Olympic and Hwy 53.
Monetary donations are welcomed in the form of checks made out to LCCAA; be sure to put the purpose of your donation on the check.
Become a community leader by joining the homeless summit. For more information please call City Council member Joyce Overton at 350-2898.
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CLEARLAKE – The Clearlake branch of the National Association for the Advancement of Colored People (NAACP) installed its new officers at its January meeting.
The group met on Jan. 10.
The oath of office was administered to the new officers by Daniel Coleman, former president of the Vallejo branch of the NAACP and longtime member of the Clearlake branch.
The newly sworn in administration consists of President Aqeela El-Amin Bakheit, Vice President Rick Mayo, Secretary Dolly Townsend and Treasurer Bessie Mayo. St. Elmo Mosby and Gloria Harris were elected to the executive board. The officials will serve two-year terms.
The mission of the NAACP is to ensure political, social and economic equality of rights of all persons and eliminate racial hatred and racial discrimination. Any person in accord with the principles and policies of the Association may become a member with the consent of the board of directors.
The monthly meeting of the Clearlake branch of the NAACP is currently scheduled for the second Saturday of each month at 1 p.m. at the Clearlake Public library, located at 14785 Burns Valley Road.
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LAKEPORT – Lake Family Resource Center's effort to build a domestic violence shelter received another important donation Thursday.
Inspirations Gallery owner Gail Salituri and the gallery's director, Sheri Salituri, presented the center
with a check for $2,200.
This is the first of the LaForge Memorial Fund presentations this year.
The LaForge Memorial was created last year in memory of Gail Salituri's friend, Barbara LaForge, who was violently murdered in October of 2002.
“No woman should be a victim of any sort of abuse,” said Salituri, who gave her support for the effort to work to provide a safe place for abuse victims.
Salituri raffled original artwork, and held silent and live auctions of artwork she created and others donated at her gallery located at 165 N. Main St., Lakeport, to benefit the future home of the domestic violence shelter project.
The Lake County Arts Council joined in to support this cause by inviting Salituri to their Friday Night Flings, where artwork is raffled and sold periodically.
Salituri offered special thanks to local businesswoman Kathy Fowler, who also is a board member for the Lake Family Resource Center.
“Kathy Fowler is always there for me, and with me, during these events to support us in our quest to generate money for the center project,” said Salituri.
She added, “We are just a small business in Lake County, but we hope to serve as an example for reaching out and helping others, and hope our community will join in with us to assist this cause.”
Currently, “Red Hills Road in Fall,” an original oil measuring 24 by 30 inches, is being created for the upcoming Wine and Chocolate event's silent auction.
In addition to this new creation, “Red Hills Road II,” a 24-inch by 30-inch Giclee, will be offered at the event as a raffle item.
Salituri said her next scheduled event will be in March at the First Friday Night Fling at the Lake County Arts Council's Main Street Gallery.
A sneak peak of the new pieces will be on display this weekend in Inspiration Gallery's windows, 165 N. Main St.
For more information about the fund, call the gallery, 263-4366, or visit Salituri's Web site at www.inspirationsgallery.net/.
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NOTE: This article includes some explicit terms that may not be appropriate for children.
LAKEPORT – A New York man who recently made a gift to the city of Lakeport is facing trial this March for charges stemming from a July 2006 arrest.
Justin F. Lazard, 42, goes on trial March 3 for indecent exposure and annoying or molesting a child, according to Deputy District Attorney Ed Borg.
Lazard – an actor, writer and former model – recently gave a new set of playground equipment to the city, which was dedicated in a small ribbon-cutting ceremony on Wednesday, as Lake County News has reported.
The case against Lazard alleges that he was sitting on the metal railing that runs along the sidewalk at the lakeshore in Library Park, just north of the playground area, exposing himself and masturbating during the July 4, 2006, festivities.
Lazard's attorney, Paul Swanson, did not return a call seeking comment on the case.
Lt. Brad Rasmussen of the Lakeport Police Department said Lazard was arrested at about 6:18 p.m. July 4, 2006, after three officers on foot patrol encountered him. Lazard was allegedly sitting alone on the railing, with his genitals exposed.
Rasmussen said Lazard was told to stop but didn't, so the officers grabbed him. Lazard allegedly resisted arrest and began fighting the officers, so Rasmussen tasered him. That gave Lazard the dubious distinction of becoming the first person to be tasered by the police department's new tasers.
There was no evidence that Lazard was under the influence of drugs or alcohol, said Rasmussen, and he offered no explanation for his alleged behavior.
Rasmussen said that, following the taser incident, Lazard received a medical clearance from paramedics at Lakeport Fire Protection District, which is standard procedure after use of a taser on a subject.
Both charges currently against Lazard are misdemeanors, Borg said. The annoying/molesting charge would carry a one-year maximum sentence, while the longest sentence for the indecent exposure charge is six months.
“The most he's facing is one year in county jail,” said Borg. “It would be extremely unusual for him to get that.”
Since Lazard doesn't have much in the way of a criminal record beyond the 2006 charges, Borg said he's more likely to receive probation if he's convicted.
However, Borg added that conviction on the charges would require mandatory registration as a sexual offender in California and possibly New York, where Lazard now lives.
Borg said the playground equipment donation Lazard made to the city of Lakeport hasn't been brought up in relation to his criminal case.
However, it's proved to be a thorny issue for Lakeport officials, who at first didn't realize Lazard had been arrested on the indecent exposure charge by police in 2006.
Kevin Burke, interim city manager and police chief, said that Creative Playthings, the Framingham, Mass.-based manufacturer of the playground equipment, contacted city Public Works Director Doug Grider about the donation about six months ago.
“Our public works staff did not know who the individual was,” said Burke, adding that city staff also haven't had contact with Lazard.
However, it came to their attention sometime during the process of formally accepting the equipment that he was the source of the donation, said Burke.
“At that time it was discussed at length amongst city staff about whether or not we should accept the donation,” Burke said.
Ultimately city staff decided to accept the equipment – which came with no strings attached of any kind – because it would offer a substantial benefit to the children who use the park, he explained.
Burke said the city was aware of the potential public perception that it was an attempt by Lazard – who also is the heir to a banking fortune – to buy his way out of trouble.
However, coming from his police perspective, Burke suggested that many people accused of crimes do some kind of restitution.
Considering the sensitive nature of the the charges against Lazard, Burke said he is planning to have city public works staff remove the plaque on the equipment.
The plaque reads:
“This playground is dedicated to the children of Lakeport, CA,
Creating Childhood Memories
Donated by Justin Lazard, 2008.”
E-mail Elizabeth Larson at
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The quake was reported at 8:16 p.m., centered one mile north northwest from The Geysers and five miles west northwest of Cobb, according to the US Geological Survey.
The US Geological Survey reported that the quake was located one mile north
Late Thursday, six responses – two each from Kelseyville, Middletown and Camptonville, the latter located 175 miles away – reported feeling the quake.
The last earthquake measuring more than 3.0 on the Richter scale occurred on Jan. 4, when a 4.2-magnitude earthquake was recorded near The Geysers, as Lake County News has reported.
E-mail Elizabeth Larson at
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