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LAKE COUNTY – A Clearlake man found guilty in Sonoma County of second degree murder had his conviction overturned in the state's First Appellate District Court.
Lance Ernest Laumann, 52, won the decision on Feb. 16, according to court documents, after the judges ruled his conviction was based on an improper legal theory.
Laumann was convicted in 1999 of several charges, chief among them second degree murder for the death of his girlfriend, Sandra “May” Lyndall, who died while Laumann was attempting to escape from police.
He also was convicted of vehicular manslaughter, evasion of a police officer, being a convicted felon in possession of a firearm and several drug offenses.
In April 1999, Sonoma County officials found a loaded sawed-off rifle and the components of a methamphetamine laboratory in a car linked to Laumann.
The next month, during an early morning traffic stop, Laumann sped away from police. He led them on a high-speed chase reaching speeds of 70 to 80 miles per hour before crashing his car.
Lyndall, who was riding in the car with him, was ejected from the vehicle during the collision and later died.
Court documents say that the second-degree felony murder conviction against Laumann was predicated on his attempt to evade police, which prosecutors claimed caused him to drive in a “willful and wanton disregard for the safety of persons or property while fleeing from the police,” according to Vehicle Code Section 2800.2.
Laumann was sentenced to 30 years to life – 15 years to life for second degree murder and 15 years for the other offenses. He has been serving time in San Quentin State Prison.
Since his conviction, Laumann had repeatedly made appeals at the appellate and state Supreme Court levels. Among his arguments was that Vehicle Code Section 2800.2 was not an inherently dangerous felony under the felony murder rule, and thus could not be a predicate felony for second degree felony murder, according to court documents.
Both the appellate and Supreme Court upheld his conviction. Then, in January 2005, in reviewing another case, the Supreme Court concluded that section 2800.2 can't serve as the basis for a valid theory of second degree felony murder.
In November 2006, Laumann filed another appeal based on the January 2005 ruling. That appeal resulted in the Feb. 16 ruling.
In addition to finding that Laumann's murder conviction was based on an invalid theory, the court ruled that the jury in Laumann's trial was not instructed on the elements of implied malice necessary for a second degree murder conviction.
The court ruled that Laumann's case be remanded to the trial court in Sonoma County for further proceedings, which could include retrial under a valid murder theory or resentencing.
E-mail Elizabeth Larson at
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The school's efforts were recognized this week by the state, when State Superintendent of Public Instruction Jack O'Connell named the school one of 13 Model Continuation High Schools for 2007.
It's the third time the school has received the honor, which recognizes schools for outstanding programs designed to help at-risk students.
The school's previous wins came in 2002 and 1995.
"These 13 schools provide promising practices that other continuation high schools may emulate to help students with diverse needs complete their high school education," said O’Connell. "These schools were selected because of their exemplary programs that are designed to close the achievement gap, keep kids in school so they can graduate, and adequately prepare them for careers or college.”
Continuation high schools such as Carle serve students aged 16 years or older who are at risk of not graduating from high school.
The state reported that more than 69,000 California high school students attended 521 continuation high schools in 2005-06, the latest data available.
Ninety-five students were enrolled at Carle during the 2005-06 school year, according to CDE statistics; there are 3,200 students in the entire Konocti Unified School District.
Carle's dedicated faculty and staff, led by Principal William MacDougall, have been recognized locally for their efforts as well.
The school's Web site reports that Carle has received six-year accreditations from the Western Association of Schools and Colleges in 1992, 1998 and 2004, as well as Exemplary Program Recognition Awards from the California Continuation Education Association for its Career Pathway Program in 1999 and its Treating the Influence classroom program in 2004.
Carle also offers its students the chance to participate in real-world business projects, such as Pegasus Promotional Products, which markets, designs and manufactures personalized products; and the video production business Pegasus Productions, which creates public service announcements and videotapes special events such as concerts at Konocti Harbor Resort & Spa, according to the school's Web site.
Among its noted staff are husband and wife teaching team Alan and Angie Siegel both have received Lake County Teacher of the Year honors, in 2005 and 2006 respectively.
Alan Siegel – who teaches history, civics and economics – went on to be named one of five California Teachers of the Year for 2005.
In 2006, the school staff won a Stars of Lake County Award in the “youth advocate, professional” category.
The school even had its own cat, Jack, who showed up on the school's doorstep several years ago, sick, injured and hungry. Science teacher Tom Essex's son, Scott, who happens to be a vet, fixed Jack up, and he became a fixture in the school's office, where he liked to lounge on Secretary Barbara Dye's desk.
“Jack found his way here all on his own, and it was just meant to be,” said Dye.
For the school, Jack became a symbol of what love and nurturing can do. The school's Web site said of Jack: “Jack-the-Cat reminds us of our students in many ways. He arrived in sad shape, but with a little time and nurturing, he has blossomed into a fine and happy cat.”
Jack died last May 15, but still remains on the school's site. “We haven't had the heart to take him off,” said Dye.
They've been offered plenty of new cats, but haven't taken one, she said. “We figure some day another cat will wander in if it's meant to be.”
Continuation education isn't a new idea. The California Department of Education’s (CDE) Continuation Education program has been an option for students since 1919.
The program emphasizes career technical education, uses exemplary instructional strategies, offers students guidance, counseling services, and more flexible school schedules to meet their needs.
The Model Continuation High School Recognition Program is a partnership of the CDE and the California Continuation Education Association that identifies and recognizes outstanding programs and creates a resource list of quality programs for school visitations. Fourteen schools applied for the recognition.
Applicants must be accredited by the Western Association of Schools and Colleges, demonstrate exemplary program effectiveness, school management, curriculum, instructional strategies, assessment and evaluation, education climate, and guidance and counseling, CDE reported.
Parents, students and community members were required to submit narrative statements supporting their respective schools, according to CDE. A review team visited the schools and recommended 13 for model school status.
The selected schools retain their title for three years and must submit an annual assurance of compliance with model school guidelines in order to maintain the designation.
Carle and the 12 other schools join 61 previously designated Model Continuation High Schools.
Visit Carle High School online at www.carle.lake.k12.ca.us/.
E-mail Elizabeth Larson at
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"I haven't heard anything," said Brown, regarding Kenwood's potential purchase of Konocti Harbor from UA Local Convalescent Fund.
"We're waiting with baited breath," added Brown, who said he had spoken with Kenwood representative Brad Welch in the week since Kenwood canceled a meeting with himself and other county officials.
Brown said Welch told him that Kenwood hasn't given up on the deal yet.
The meeting cancellation followed the Supervisors' 5-0 vote against allowing Kenwood to move forward with a casino project, which could be made possible by federal legislation converting the 38-acre Konocti Harbor property into an Indian reservation, or rancheria.
Whether the unanimous vote slamming the door on the Kenwood plan killed the deal, Brown is uncertain.
"They haven't pulled out," he said,"and I'm not implying that they will."
The resort remains at the heart of a federal lawsuit, scheduled to go to trial May 7.
In that lawsuit, the Department of Labor alleges that Local 38 of the United Association of Plumbers, Pipefitters and Journeymen – which controls the convalescent fund that owns Konocti Harbor – diverted $36 million in assets of five employee benefit plans to renovate and operate the resort.
Brown is planning a trip to Sacramento Monday to meet with lawmakers about the casino issue, including Assemblywoman Patty Berg, Sen. Pat Wiggins, and staff from the Gov. Arnold Schwarzenegger's office, as well as staff from the offices of Assembly Speaker Fabian Nunez and Senate leader Don Perata.
E-mail John Lindblom at
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LAKE COUNTY – More snow is predicted this evening down to 1500 foot - along with a chance of thunderstorms, which could bring more rain and hail, according to the National Weather Service (NWS) in Sacramento.
Dawn broke on Thursday morning to reveal a light dusting of snow down to the 2000 foot level. Rain, hail and snow showered Lake County throughout the day - and will continue throughout the night according to the NWS.
Local weather stations report 1.8 inches of precipitation in Cobb, 0.16 in Lakeport.
Snow is expected to accumulate up to 2 inches overnight, with low expected around 32 degrees. On Friday, it will be mostly cloudy with a chance of snow showers, with light snow accumulation to the 3,000 foot level, changing to rain showers.
Highs are expected to be in the low to mid 40s.
According to the NWS, winds will pick up on Friday evening, with Southwest gusts up to 30 mph.
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California Department of Food and Agriculture (CDFA) officials reported on Wednesday that the first case of equine WNV so far this year was confirmed in a Sonoma County horse on Feb. 8.
“Outbreaks of West Nile virus are expected to continue this year,” said California State Veterinarian Dr. Richard Breitmeyer. “Horse owners should contact their veterinarians as soon as possible to ensure current vaccination status, so that horses will have maximum protection against the disease.”
CDFA reports that horses contract the disease from carrier mosquitoes. Affected horses, the agency added, are not contagious to other horses or people. Not every horse exposed to the virus will die.
Signs of West Nile virus include stumbling, staggering, wobbling, weakness, muscle twitching and inability to stand.
Dr. Jeff Smith, a Middletown veterinarian who has dealt with several local WNV cases over the last few years, explained that WNV is a form of encephalitis that results in neurological symptoms, including brain swelling.
The horses he's treated, he said, have a “lazy gait,” and drag their feet or cross their legs, and play with their lips. If horses get the point where they can no longer stand, they have to be euthanized, he said.
Smith said because the disease has no treatment, it has to be waited out. He's used hyperimmune serums to treat his WNV patients, although that treatment hasn't yet been proved to cure the disease. Smith said he also works to reduce brain swelling in the animals.
Some animals, he said, spontaneously recover from WNV.
Equine WNV was first diagnosed in a horse in San Diego County in 2003, according to the state's WNV information site, westnile.ca.gov.
That was the only case for 2003. But by 2004, the disease had reached 32 of California's 58 counties, infecting 540 horses and causing 228 to die or be euthanized.
In 2005, 456 horses in 43 counties were diagnosed, and 200 of them died.
Steve Lyle, CDFA's director of communications, explained that as state officials watched the disease move westward over the last several years, they noticed that it had a pattern of explosive growth and a two-year peak cycle.
In California's case, the peak years appear to have been 2004 and 2005, he said.
That pattern held true in Lake County. CDFA statistics showed that Lake County had four cases of equine WNV in 2004, with one animal death. In 2005, 10 Lake County horses were diagnosed with WNV, and eight of them died or were euthanized.
The numbers of horses diagnosed have since dropped off. Last year, 58 horses in the state were known to have contracted the disease, with 24 deaths. In Lake County there were only two equine cases, but both were fatal, according to CDFA.
In the great majority of those cases the horses were either not vaccinated or vaccinated improperly, CDFA reported.
Smith said the animals he's treated for WNV hadn't been vaccinated. Most were older animals; like people, the immune system of horses weaken as they age, said Smith.
Lyle said scientists believe that animals exposed to the disease either develop immunity or get sick, and overall infections decline.
“What we're seeing is a natural cycle of decline that has been witnessed elsewhere,” said Lyle.
This recent diagnosis in Sonoma County, said Lyle, is a reminder that WNV is “still out there and populations are still vulnerable, just in smaller numbers that before.”
As a result, officials continue to encourage horse owners to vaccinate their animals, which Lyle said is the only way to protect animals from infection.
Vaccinations don't, however, guarantee horses won't be infected, Lyle added. But in cases where vaccinated horses did contract the disease, they are more likely to survive, he said.
University of California at Davis' vaccine regimens have changed several times in the last few years, said Smith. The current recommendation is that horses be vaccinated every four months or in the face of an outbreak, he said.
Animals that survive WNV usually recover fully, said Smith. “It's not the average horse that would be left debilitated by it.”
The West Nile Virus Information Line can be reached at 800-268-7378.
For updated statistics on West Nile Virus statewide, as well as information on how to report cases, visit westnile.ca.gov.
E-mail Elizabeth Larson at
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CLEARLAKE – The Lake County Chapter of the National Association for the Advancement of Colored People held a resoundingly successful Black History Month program and dinner on Sunday, Feb. 18.
The standing-room-only crowd that attended the festivities included many dignitaries from the arenas of politics, business and culture.
NAACP's local chapter was founded by Rick Mayo – now the chapter's first vice president – along with Clarence Wright Sr., A.C. Marks and past California State Conference Vice President Gilbert Gray.
A proclamation was made by the office of state Sen. Patricia Wiggins in recognition of Black History Month and the Lake County NAACP.
Judy Thein, Mayor of Clearlake, on behalf of the City Council and citizens of Clearlake spoke encouragingly to the crowd on the topic of city government being in complete accord with the ideals of Dr. Martin Luther King Jr.'s legacy and dream.
The mayor also made a proclamation in honor of Dr. King, Black History Month and the NAACP, declaring them to be integral to the American experience.
Dr. Linda Robinson, pastor at Praises of Zion Baptist Church, rendered a powerful message that touched on the lingering effects of slavery on the psyche of of African-American people and the failure therein to educate subsequent generations adequately.
Peppering her oratory with quotes from African-American intellectuals like Nikki Giovanni, Carter G. Woodson, Frederick Douglass and Martin Luther King Jr., Dr. Robinson cautioned against the reality of academic lynching and complacency.
Supervisor Ed Robey provided the keynote address. His theme was on why he chooses to be a lifetime member of the NAACP.
Robey spoke of coming of age in the 1950s and 1960s, when 14-year-old Emmett Till was brutally murdered in Mississippi; the struggle of James Meredith to enter the University of Mississippi; Thurgood Marshall, the first African-American Supreme Court Justice; and the fire hoses of Sheriff Bull Conners' repressive regime in Alabama.
His main thrust was that social change and justice are yet necessary to the fabric of life in America and the NAACP's nonviolent stance is a "very cool" way to achieve those goals.
Lake County thespian Voris Brumfield presented a dramatic and creative portrayal of Alberta Williams King, the mother of Dr. Martin Luther King Jr. Woven skillfully into her oration was a proclamation and commendation from the office of Congressman Mike Thompson in honor of the occasion. Brumfield used humor and candor in bringing Alberta Williams King back to vibrant life.
Another highlight of the evening was the presentation by Mayo of the Founder's Trailblazer's Award to Dorothy Myers.
Myers has been political chair of the Lake County NAACP for the past 20 years, in conjunction with being a Legal Redress Committee member for six years.
She has made huge contributions collectively with the body of the local chapter in many areas, including housing, education and employment issues within the community. It was largely through her efforts that the Boys & Girls Club of Lake County was resurrected.
Also recognized for 16 years of organizing Black History Month programs in Lake County was Mae Nahmias.
Lake County NAACP President Aqeela El-Amin Bakheit acknowledged Nahmias' work ethic as being equivalent to the efforts of 10 people – she even prepared the dishes for the evening's soul food buffet.
The gifted Nahmias eventually treated the audience to her vocal prowess at the urging of the president.
Bakheit also presented plaque awards to the family of Dr. Alan and Kathy Sampson family; Aaron and Gloria Turner; and Al and Mae Nahmias for their generous and continued contributions to the local NAACP branch.
St. Elmo Mosby Jr., education chairman, recreated King's powerful "I Have A Dream" speech with chilling accuracy and emotion. The audience responded with two ovations.
Outstanding musical selections and contributions were made by the Praises of Zion Baptist Church Choir, the Beit Chavurah Group and keyboardist David Neft.
The evening's festivities and the diversity of the attendees indicated that Dr. King's dream is still vibrant in the community at large in Lake County.
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