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Judge Stephen Hedstrom sentenced Craig Alvin Lemke, 45, to 68 years to life in prison for the February 2006 home invasion robbery of an elderly Lower Lake couple, as Lake County News previously reported Friday.
Lemke was convicted by a jury of the crime on Oct. 2.
The stiff sentence resulted, in part, because the jury found Lemke was guilty of two prior “strikes,” one of them a similar home robbery, Chief Deputy District Attorney Richard Hinchcliff said Thursday.
On Friday, Lemke's attorney, Jason Webster, reported that Lemke filed an appeal on Thursday, the day of the sentencing. However, Webster said he wasn't able to further discuss the appeal.
Along with Lemke, Joe Moncivaiz Jr. was accused of taking part in the robbery. According to a previous report from Hinchcliff, the two men had bound the elderly couple with tape before stealing thousands of dollars in cash, guns and ammunition.
Moncivaiz admitted his participation and pleaded guilty to first-degree burglary, Hinchcliff stated in an October interview.
Webster said Moncivaiz received a “substantial deal” in the case and was reportedly sentenced to only four years in prison.
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But that was just the case on Thursday, when local law enforcement officers could be found – complete with smiles and speedy table service – at Main Street Bar and Grill for “Tip-A-Cop,” a fundraiser for Lake County Special Olympics.
Officer Adam Garcia of the California Highway Patrol said the event, which took place between 6:30 a.m. and 2 p.m., raised $1,758 in tips. Main Street Bar and Grill owner Sam Polo matched that amount, bringing the total to approximately $3,516.
“Sam is very generous to us today,” said Garcia.
Garcia said the the agencies participating included the Lake County Sheriff's Office, Probation Department, CHP, Lakeport Police and Clearlake Police.
“I think it's a worthy cause for our community,” said Garcia.
Approximately 65 athletes, ranging in age from 5 to 65, take part in Special Olympics locally, said Special Olympics volunteer Kristina Navarro.
In Lake County, there are events for the athletes year-round, said Navarro. A bowling tournament is scheduled for Nov. 24 at Lakeside Lanes.
Athletes also can compete to qualify for regional events, Navarro said.
There are two Tip-A-Cop events each year, said Navarro – besides the Clearlake event, there is one in Lakeport, which is held earlier in the year – along with a Torch Run and the Scorchin' Torch Poker Run.
Ruth Fortino, who has worked as a waitress at the restaurant for seven years, said the officers and deputies were doing well on their table-waiting assignments, and all were “eager to help.”
“It's been fun,” she said.
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LAKEPORT – A man found guilty last month of robbing an elderly couple received a stiff sentence Thursday.
Craig Alvin Lemke, 45, of Lakeport was convicted Oct. 2 of a February 2006 home invasion robbery in Lower Lake, as Lake County News previously reported.
Lemke was found guilty of two counts of first degree robbery, first degree burglary, elder theft, two counts of false imprisonment of an elderly person and grand theft of firearms, according to a previous report from Chief Deputy District Attorney Richard Hinchcliff.
Lemke also was found guilty of several special allegations, including two previous “strikes,” three prior prison terms between 1986 and 1996, committing a felony while released on own recognizance and crimes against elders were found to be true, Hinchcliff reported in an October interview.
Lemke's attorney, Jason Webster, attempted to get one of the strikes dismissed, but Judge Stephen Hedstrom didn't agree, said Hinchcliff.
On Thursday, Hedstrom sentenced Lemke to 68 years to life in prison, Hinchcliff said.
The prior strikes, which Hedstrom wouldn't discount, doubled the sentence, said Hinchcliff.
Lemke's prior strikes, said Hinchcliff, “arose out of a case just like this.”
In that particular case, Hinchcliff said Lemke went into a home, bound a man and his 15-year-old nephew with tape, and robbed them.
“He went to prison for that for seven years,” Hinchcliff said.
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Judge William McKinstry, a retired judge from Alameda County assigned to the Renato Hughes Jr. trial, granted defense attorney Stuart Hanlon's change of venue motion – the fourth such motion Hanlon has made this year, according to District Attorney Jon Hopkins.
“I'm still speechless,” said Hopkins late Thursday.
Even Hanlon admitted to being surprised, but said it was necessary because of the jury's exposure to the media.
He said 50 percent of those jurors seated had been exposed to media reports about the case.
“I'm really glad it happened,” Hanlon said of the venue change motion being granted.
Hughes is being tried under the provocative act theory for the murders of his friends, Rashad Williams and Christian Foster, who were shot to death by Shannon Edmonds as they ran from his home on Dec. 7, 2005.
Edmonds was not charged for the deaths of Williams and Foster, who – along with Hughes – were allegedly in his home to rob him. Hopkins told Lake County News in a Wednesday interview that former District Attorney Gary Luck didn't believe they could prove a case against Edmonds.
But the provocative act theory holds Hughes responsible because he took part in a crime that resulted in a lethal response – in this case, Edmonds' shooting of Hughes' two friends.
Judge makes decision after jury seated
McKinstry did not cite racial composition or media coverage as the basis of his decision, said Hopkins.
Rather, McKinstry granted the venue change based on the number of jurors excused for various causes, said Hopkins.
“He added up the number of challenges without any regard for what they were based on,” said Hopkins.
In the case of one prospective white male juror dismissed on Wednesday, that included religious beliefs, according to this reporter's courtroom observations.
McKinstry said the number of challenges “gave him a doubt as to whether there could be a fair trial,” Hopkins reported.
Hanlon, however, claimed McKinstry talked about media exposure and race issues in making his decision.
The issue of Lake County's small racial minority came out in the jury selection process, said Hanlon. The court originally issued 350 jury questionnaires, with most of the people being selected as prospective jurors have little or no contact with blacks.
The selection process, said Hanlon, “convinced the judge that this was not the right place for the trial.”
Hanlon said race impacted all of the factors the court needed to explore in making the decision, including the size of the community, the nature of the community and media coverage. “Race is not a separate factor, it's part of the whole mix.”
Earlier on Thursday, a jury had been seated after a three-week selection process, Hopkins reported. The jury consisted of seven women and five men. It was, mostly white but had some Hispanic members, although Hopkins did not have a precise number.
Those jurors will now be dismissed, said Hopkins.
“I thought the jurors that came in proved that they could be fair and impartial,” said Hopkins.
Hanlon said there is “nothing wrong” with Lake County. “I think many African Americans get a fair trial here given the nature of the charges.”
It will now be up the state Administrative Office of the Courts to choose three alternate counties where the trial can be held, Hopkins said.
The choice of counties will depend upon a variety of factors, including available facilities, the amount of publicity the case has received there and whether a judge is available to hear the case, said Hopkins. It's not yet been determined if McKinstry will stay with the case.
Hopkins suggested that the Bay Area's counties are off limits because of media coverage, with reports about the trial reaching even more people than those centered in Lake County.
The prosecution and defense will return to court Dec. 14 to find out if the Administrative Office of the Courts have selected three counties, said Hopkins. He said he couldn't be certain three counties would be chosen by that time.
Once they are chosen, however, there will be a hearing and “the judge makes the call” about where the trial will be held, said Hopkins.
Hanlon didn't say which county he thought the trial should go to.
However, he stated, “If we get to a county that has a more diverse makeup and population of people, we're going to win this trial.”
Hanlon said he is going to begin work on researching where the trial should be held, a matter he said he wasn't in a position to talk about at this point.
Exploring ways to keep the trial local
The county will have to pay a higher bill to try the case in another venue, said Hopkins, but just how much it will cost isn't known at this time.
Hopkins said he needs to explore what remedies might yet be available to him in keep the trial local.
He said there is the possibility that he could file a writ for review by the appellate court, seeking to keep Lake County as the venue.
“I'm not convinced that I'm going to do that at this point,” he said.
Saying he wants to get the trial done as soon as he can, Hopkins explained that if the trial is held in a nearby county and it won't cost Lake an excessive amount of money to move it there, he will likely go along with McKinstry's decision.
However, if it's likely to be moved much farther away at a greater expense, he may do the writ, he said.
“There are a lot of variables I've got to consider,” Hopkins added.
With the change of venue motion granted, the trial likely won't begin until early next year, Hopkins said.
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District Attorney Jon Hopkins reported Thursday afternoon that the main jury panel was seated, but that four alternates still needed to be selected.
Hughes, 23, is being tried for murder in the deaths of Rashad Williams and Christian Foster, who he was allegedly accompanying during a residential robbery in Clearlake Park on Dec. 7, 2005.
Williams and Foster were shot by homeowner Shannon Edmonds as they allegedly ran from his home. Hughes' presence with them caused him to be prosecuted under the provocative act theory, which holds him responsible for their deaths because he was allegedly taking part in a crime that could result in a lethal response.
With the jury seated, defense attorney Stuart Hanlon made a motion to have the trial moved from Lake County, said Hopkins.
On Wednesday, state officials with the National Association for the Advancement of Colored People came to Lakeport to advocate for Hughes' release and a change of venue, as Lake County News has reported.
Also on Wednesday, NAACP attorney Stratton Barbee filed with visiting Judge William McKinstry an amicus brief in support of Hanlon's change of venue request.
Hopkins was set to begin his response to the change of venue motion at 1:30 p.m.
If the trial stays in Lake County, Hopkins said it will begin Tuesday, Nov. 27.
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The California Highway Patrol reported that live power lines were down across the roadway at Highway 29 and Murphy Springs Road at just after 8 p.m.
Lake County Sheriff's deputies, CHP, Pacific Gas & Electric and local firefighters responded, according to the logs. Cal Fire also was called but later canceled, according to Cal Fire's Incident Command Center.
At 8:23 p.m. sheriff's officials reported a fire had broken out in the area, according to the CHP logs.
At the same time, traffic was being routed around the closed roadway so that cars came out at Hidden Valley, according to the CHP.
CHP reported that the roadway had reopened by 9:23 p.m.
The downed power lines were caused by a tree falling into the lines a quarter-mile south of Murphy Springs Road at 7:55 p.m., said PG&E spokesman JD Guidi.
Approximately 58 customers were affected, Guidi said. Power was restored to all customers by about 10 p.m.
Harold LaBonte contributed to this report.
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