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Judge William McKinstry on Oct. 11 turned down defense attorney Stuart Hanlon's request that District Attorney Jon Hopkins and his office be removed from prosecuting the case of 23-year-old Renato Hughes.
Hughes is facing trial for the murders of Christian Foster and Rashad Williams on Dec. 7, 2005, as Lake County News has reported.
Hughes did not shoot the two young men, who in fact were shot by Clearlake Park resident Shannon Edmonds, from whose home the men were allegedly fleeing from a robbery attempt.
However, Hopkins alleges Hughes is responsible for their deaths under a provocative act law, which holds a person responsible for the death of accomplices in a crime that is likely to result in a lethal response.
Hanlon has fought to have the trial removed from Lake County over this past year.
Last week, Hanlon went before McKinstry – the retired Alameda County Superior Court judge assigned to the case – to ask that Hopkins and his office to be recused from prosecuting Hughes.
Hanlon alleged that Hopkins should be removed from the case because he is refusing to prosecute Shannon Edmonds for trying to force his girlfriend, Lori Tyler, to commit suicide with him on Aug. 3.
The state Attorney General's Office sent Senior Assistant Attorney General Gerald Engler to lodge that agency's opposition to the motion, for which Engler argued there was no justification, Hopkins reported.
“We lost the recusal motion,” said Hanlon, which means he can't call Hopkins as a witness in the case relating to prosecuting Edmonds in the double-suicide attempt.
Hopkins denied that he has decided not to charge Edmonds relating to the suicide matter.
“At this point there has not been a determination made to file charges,” he said Friday.
Hopkins said Hanlon is attempting to transfer the attention from Hughes' alleged actions to Edmonds in order to get the jury to decide in his favor.
McKinstry ruled that evidence relating to Edmonds' alleged prior drug dealing in Lake and Mendocino counties will be admissable during the trial, said Hanlon.
In addition, McKinstry ruled that evidence regarding a shotgun found near the crime scene weeks later will be admitted, Hopkins reported,which was evidence Hanlon had wanted blocked.
Aqeela El-Amin Bakheit, president of Lake County's branch of the National Association for the Advancement of Colored People, was in court for the hearing. She said McKinstry also ruled that if Edmonds is to testify in the case he cannot invoke the Fifth Amendment – which protects individuals from self-incrimination – which he did, 147 times, during preliminary testimony.
The two sides must go before McKinstry Monday afternoon to argue the issue of whether or not the attempted suicide should be disclosed during the trial.
After that, Hopkins said jury selection is set to start Oct. 23 and 24, with four panels of jurors to be called over those two days.
Hanlon and Hopkins both explained that on the initial days of jury selection jurors will complete a questionnaire, which the prosecution and defense will go over before the jurors return for further questioning Oct. 30.
Based on their answers on the questionnaire, some of the jurors may be questioned in private about possible biases, said Hanlon.
If he doesn't believe he can get a fair jury based on the questionnaires, Hanlon said he could ask for a new jury.
Hopkins, who will prosecute the case himself, said that he hopes that a jury will be selected in time for the trial to get under way Nov. 6.
Next week Hopkins said he expects to have a better idea of how long the trial could last. He expects it to last all of November – with the court taking a week off for the Thanksgiving holiday – and into December.
The first two weeks of the trial will take place in Judge Arthur Mann's Department 3 courtroom, while Mann is away, said Hopkins. Then the trial will be moved around to available courtrooms.
E-mail Elizabeth Larson at
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The California Highway Patrol incident logs reported that a vehicle hit a deer on Highway 175 in Cobb at Loch Lomond at 1:38 a.m.
That vehicle then collided with a second vehicle, blocking the roadway, the CHP reported. One of the vehicles flipped over, trapping a person inside.
One of the vehicles involved was reported to be a Jeep, according to the CHP logs.
CHP and Cal Fire responded to the scene, where one person was reported to have major injuries and another moderate injuries.
The victim with major injuries was transported by REACH helicopter to Sutter Lakeside Hospital at 2:24 a.m. The CHP did not immediately report where the second crash victim was transported.
Both parties were subject to blood draws, commonly done following serious crashes to look for signs of alcohol or drugs in the system.
No further information about the incident or the victims was available early Saturday.
E-mail Elizabeth Larson at
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The last day to register to vote for the Nov. 6 General District Election is Monday, Oct. 22.
The completed voter registration form must be either personally delivered to the Registrar of Voters Office on or before Oct. 22; or, postmarked on or before Oct. 22 and received by mail by the Registrar of Voters Office.
The Registrar of Voters Office reported that, Pursuant to Section 2101 of the California Elections Code, "A person entitled to register to vote shall be a United States citizen, a resident of California, not in prison or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election."
Residents may register to vote at the Lake County Registrar of Voters Office, Room 209, Courthouse, Lakeport or may phone the Registrar's Office at 263-2372 for information.
Registration forms are also available at most local post offices, libraries, fire stations, senior centers, Chamber of Commerce offices, grocery stores and governmental offices.
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THIS STORY HAS BEEN CORRECTED TO REFLECT BRUCE WELLS' CORRECT AGE. WE APOLOGIZE FOR THE ERROR.
LAKE COUNTY – A 19-year-old Clearlake man has been sentenced to four years in prison for the death of a man he stabbed in a confrontation last year.
Bruce Emerson Wells was convicted of involuntary manslaughter on Sept. 11 for the March 24, 2006 stabbing of Samuel Shull, who died the following day, as Lake County News previously reported.
A party with several teenagers who were drinking alcohol had taken place at Shull's home that night, according to defense and prosecution reports.
Both Wells and Shull were intoxicated, and a confrontation ensued after Shull asked the teen to leave his home. Wells stabbed Shull in the chest with a knife with a 3 and a half inch blade, and was subsequently struck over the head with a walking stick by Shull's stepson, Jacob Rines.
Roy Miller, Wells' defense attorney, told Lake County News said Wells was placed in Santa Rosa Memorial Hospital's intensive care unit for four days due to the head injury, which he previously said had caused Wells memory loss.
On Monday, Wells was sentenced to four years in state prison, said Deputy District Attorney David McKillop, who prosecuted the case.
The District Attorney's Office had charged Wells with murder, but after two hours of deliberations the jury instead found for the lesser involuntary manslaughter charge, as Lake County News reported last month.
“The verdict was less than we hoped for,” McKillop said. “The actual sentence was what we expected.”
The maximum sentence Wells could have received was five years, McKillop added.
McKillop said Wells was tried as an adult based on a fitness hearing. The stabbing took place about three months before Wells' 18th birthday.
Miller said Wells was arrested on March 27, 2006, upon being discharged from the hospital, and has remained in the Lake County Jail ever since.
Given the time he's already served, Miller said he believes Wells will only serve another 10 months at San Quentin State Prison.
He said the least sentence Wells could have received was probation, which is a hard sentence to get in Lake County, according to other cases he's looked at.
“I was hoping he would be granted probation but I wasn't counting on it,” he said.
Miller added that Wells is grateful for the involuntary manslaughter verdict, “given all that happened in this case.”
Once Wells is released from prison, he'll have a neurological evaluation to see if he has any lasting damage from the brain injury, and then Miller has urged him to get his GED. “He's going to have to start his life over.”
Miller said Wells has family and friends supporting him, and that he also will be helping Wells transition to the outside world.
“Making the transition depends a lot on a kid's background,” said Miller. “This kid's background was difficult even by Clearlake's standards.”
Miller explained that Wells grew up in troubled home, with his parents battling drug and alcohol issues, his mother spending time in prison, and he and his brother being raised by a neighbor because their home lacked running water and electricity. “It was rough.”
Child Protective Services didn't get involved in the boys' case, said Miller.
“He fell through the cracks,” said Miller, formerly a deputy district attorney in Lake County. “I've seen a lot of kids fall through the cracks up there.”
Lake County News was unable to contact Shull's family for comment for this article.
Shull was a Vietnam veteran, who served in both the Army and Air Force.
His obituary stated that he “loved to smile and had a positive outlook on life,” was a 49ers fan, enjoyed long walks with wife Linda and their dog, Candy, and was also a gardener and fisherman.
Shull left behind a large family that included his wife, brothers and a sister, children and stepchildren, nieces, nephews and friends.
E-mail Elizabeth Larson at
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The House fell 13 votes short of the two-thirds majority needed to save the State Children’s Health Insurance Program (SCHIP), HR 976, from the president's veto, according to Congressman Mike Thompson's office.
Bush vetoed the bill Oct. 3, saying that the bill raised spending by as much as $50 million, that it would cover children in households with incomes of as much as $83,000 annually and would raise taxes, according to a White House statement.
In his Oct. 6 radio address, Bush called the bill “deeply flawed,” and said it was an “incremental step” toward Congress' goal of government-run health care.
Thompson reacted Thursday by saying that “Members of Congress who chose to walk lock-step with the president rather than represent their constituents have kept millions of children from getting the health care they desperately need.”
The bipartisan bill, said Thompson, was to provide coverage to more than 10 million children from families that can’t afford private insurance.
“In addition to being supported by the vast majority of Americans, this bill is supported by 43 governors and hundreds of health-related organizations, including the health insurance companies. And, it’s completely paid for,” he said. “Those Members of Congress who voted against this bill and then call themselves compassionate conservatives should take a long, hard look in the mirror.”
Thompson's office reported that SCHIP would continue coverage for 6.6 million children, including more than 1,600 kids in Lake County.
In addition, HR 974 would extend coverage to 4 million children who qualify, but are not currently enrolled, Thompson's office reported. California has already identified 200,000 uninsured children who could benefit from this program if the current bill became law.
SCHIP was the product of months of compromise between Democrats and Republicans, said Thompson, “so when opponents say they’re waiting for a compromise bill, they’re blowing a lot of hot air.”
He added, “Claims that this bill provides coverage to adults and illegal immigrants or raises the income eligibility are equally false. This bill does not change the eligibility for SCHIP at all. It simply increases the resources available for SCHIP so kids who aren’t currently enrolled but qualify can get the coverage they need.”
State Assemblymember Patty Berg (D-Eureka) also issued a statement on the vote's failure to override the veto, which she said was deeply disappointing, although not entirely surprising.
“It is a sad day for California’s children and children across this nation,” she said. “The veto override places California’s children in jeopardy. Our kids are our future, and they certainly deserve better than this.”
Berg's office reported that, without federal funding, California’s children are at-risk of losing health insurance. State programs cover about 800,000 children with family incomes at or below 250 percent of the federal poverty line.
Said Thompson, “We’re going to continue to fight for this bill until we prevail. Reauthorizing SCHIP in order to expand health care for our children is a fight we cannot afford to lose.”
E-mail Elizabeth Larson at
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LAKE COUNTY – A local organization formed to help support US troops overseas has been nominated for a national award.
Kelseyville resident Ginny Craven, founder of Operation Tango Mike, was notified Tuesday that the group has been nominated for the Above and Beyond Effort Award Award in the Microsoft/USO Salute to the Troops Program.
Operation Tango Mike translates to “Thanks much” in military lingo. Craven formed the group to send troops much-needed support – both emotional and practical. On a monthly basis the group of dedicated volunteers packs dozens of care packages to send overseas.
It's the kind of effort that the Microsoft Above & Beyond Program was created to spotlight.
Microsoft and the United Service Organizations (USO) announced Sept. 18 that they were introducing the awards, meant to recognize “contributions of the military community of friends, family and other individuals who support U.S. troops and/or their families in 2007.”
Adriana Marino, Microsoft Above & Beyond Program coordinator, notified Craven Tuesday of the nomination, the day after the nomination period ended.
“Your extraordinary dedication in supporting our Armed forces is evident through your exemplification of its core values of courage, comfort, and selflessness,” Marino wrote in an e-mail message.
Marino told Craven that if Operation Tango Mike is selected as a finalist, the group's story will be shared with the public and included in an online vote to decide the award winner.
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The chosen winners will be invited, with airfare expenses paid, for the Above and Beyond Awards Gala at New York City's famed Rainbow Room on Nov. 12, according to Marino. The event will be held as a part of Microsoft and USO’s inaugural “Salute to Our Troops,” a private, complimentary performance of the 75th Celebration of the “Radio City Christmas Spectacular.”
Craven said Thursday that she doesn't know who submitted the nomination, which was both surprising and flattering.
“The nomination is a superb testament to the Lake County community,” she said. “Though I started Operation Tango Mike, it has grown into something very special and is sustained through donations and the good work of volunteers. Kudos to Lake County. Supporting our troops is the right thing to do and is a labor of love.”
She told Operation Tango Mike supporters in an e-mail message this week that the nomination “speaks volumes about what we can do when we put our minds to it.”
A panel of judges will narrow the nominations to finalists in each category, from which the awardees will be chosen through an online public vote at the Above and Beyond Web site, according to Microsoft.
The final nominees will be announced Oct. 22, at which time the public can visit the Above and Beyond Awards Web site and vote for the winners.
On Oct. 22, visit the Above and Beyond Web site at www.microsoft.com/industry/government/federal/AboveandBeyondAwards.mspx to see if Operation Tango Mike has made the finals and, if they have, to cast your vote in support of the group.
For more information about Operation Tango Mike, visit the group's Web site at http://operationtangomike.home.mchsi.com/wsb/html/view.cgi-home.html-.html.
E-mail Elizabeth Larson at
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