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On Friday morning District Attorney Jon Hopkins and San Francisco defense attorney Stuart Hanlon had disparate views of where the trial of 23-year-old San Franciscan Renato Hughes should be moved.
In November Hanlon won a change of venue request for Hughes after months of attempts to do that in appeals to the state's appellate and supreme courts.
Hughes is accused under provocative act theory of the deaths of two friends allegedly taking part with him in December 2005 home robbery.
It wasn't until a jury actually was seated in November that retired Alameda Superior Court Judge William McKinstry decided to grant Hanlon's change of venue request, citing his concern over the number of potential jurors who had been dismissed for various reason.
The Judicial Council of California's Administrative Office of the Courts is responsible for choosing possible venues when a change is granted, which isn't often, as Brad Campbell, the Administrative Office of the Courts' supervising analyst, told Lake County News last month.
A report Campbell submitted to Judge Arthur Mann last month said the office contacted the superior courts of Alameda, Fresno, Los Angeles, San Diego, San Francisco and San Joaquin to look for a suitable new venue.
Campbell wrote in the report that factors considered in looking for a new venue included ethnic diversity, transportation, availability of appropriate court facilities and support staff, and ability to accommodate the media.
Los Angeles and San Diego were available to accommodate Hughes' trial without undue burden, said Campbell. Fresno County indicated it could host the trial after March 1, but it would require a judge and staff.
During the brief hearing Friday morning, which lasted about 20 minutes in Judge Mann's Department 3 courtroom, Mann revealed that on Thursday Contra Costa County was added to the list.
“Contra Costa can now handle this case in late March or early April,” said Mann.
Hughes was present at the hearing, sitting beside Hanlon in a black- and white-striped Lake County Jail uniform.
For Hanlon, who has a teenage son and wants to be able to return home from court every night, Contra Costa was the best choice.
Not so for Hopkins, who argued that Hanlon's “publicity moves” have saturated Bay Area counties, including Contra Costa.
Hopkins cited TV and radio shows, and numerous articles by the area newspapers including the San Francisco Chronicle in his argument. He added that Hanlon has used a group based in Richmond – located in Contra Costa County – to protest the case on the courthouse steps.
Contra Costa, Hopkins stated, “would be a county this case could not go to without a full survey and analysis of how it would affect people.”
Neither was Los Angeles an ideal choice, according to Hopkins, who called it a “logistical nightmare” that would significantly increase costs for the trial, including housing of witnesses.
Of the three, San Diego is the best choice, said Hopkins, thanks to the courthouse's close proximity to the airport, making it easy to transport witnesses in and out.
Responding to Hopkins' concerns about publicity in Contra Costa County, Hanlon said, “He didn't mind all the media when it was in Lake County.”
Contra Costa is close, said Hanlon, and therefore more convenient for everyone involved.
“Either Los Angeles or San Diego is incredibly expensive,” Hanlon said.
Another concern for Hanlon is San Diego's black population, which he said is below the state average – a number that Hanlon did not specify.
Hanlon said he didn't believe a survey would find that Contra Costa County residents knew much about the Hughes case.
Hopkins replied that the court had records of all the Bay Area media coverage. The Lake County publicity for the case, he said, was far less than that witnessed by the Bay Area.
“This issue with the publicity in the Bay Area is widespread,” said Hopkins.
Hopkins said he was disappointed that the Administrative Office of the Courts didn't contact Sacramento County to gauge its superior court's availability. Sacramento, he said, has a “well-balanced diversity,” and hasn't had the Bay Area media to influence it.
He also addressed Hanlon's comments about a certain black population level being a factor for choosing a venue. “Mr. Hanlon seems to think there's some support for his position.”
Only seven California counties exceed the state average for black population figures, said Hopkins.
According to Hopkins, Hanlon took a petition to the state Supreme Court asking them to consider race in addition to other factors in determining a change of venue. “The Supreme Court denied that petition,” he said.
Hopkins asked Mann's court to contact Sacramento County's presiding judge to ask that they consider making their court available for the case.
Both Hopkins and Hanlon indicated their desire to further argue their cases for specific venues.
Mann asked what evidence Hopkins planned to present against moving the trial to Contra Costa. Hopkins indicated he would submit copies of radio and television broadcasts, in addition to copies of stories published by Bay Area publications which Hopkins said were already in the court's possession.
Mann gave Hopkins a Jan. 17 deadline to submit those materials in preparation for the next hearing.
The case will return to Mann's courtroom on Jan. 22, at which time defense and prosecution will present their cases to Mann, who must ultimately decide where Hughes' trial should move.
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THIS STORY HAS BEEN UPDATED WITH A COMPANY RESPONSE.
CLEARLAKE OAKS – A Lower Lake woman is facing felony charges for allegedly stealing thousands of dollars from her employer.
Michelle Lynn Davis, 23, was arrested Jan. 2 by Lake County Sheriff's Detective Corey Paulich, according to jail records.
Chief Deputy District Attorney Richard Hinchcliff said a felony warrant was issued for Davis, who then turned herself in.
“She's been charged with embezzlement and with a special allegation that the amount embezzled was over $150,000,” Hinchcliff said.
Sheriff's spokesman Lt. Cecil Brown said Davis is accused of taking the money from her employer, Shannon Ranches of Clearlake Oaks.
Brown said Davis had been with Shannon Ranches, a vineyard management consulting business, for five years. The occupation listed on her booking sheet is bookkeeper.
The investigation was triggered, said Brown, when the company noticed suspicious uses of business checks and a credit card.
Hinchcliff said he couldn't discuss the specifics of the case, which is so new that it has yet to be assigned to a deputy district attorney. Davis also has not yet appeared in court for arraignment, he added.
Davis' case constitutes one of the larger embezzlement prosecutions the District Attorney's Office has dealt with recently, said Hinchcliff.
If convicted, Davis could face up to five years in prison, Hinchcliff said.
Shannon Ranches, owned by Clay and Margarita Shannon, was a precursor to the couple's Shannon Ridge Vineyards and Winery, which has won both praise and awards for its wines, produced from winegrapes grown in Clearlake Oaks.
The Shannons also have become known for their generosity to community causes. They have assisted in Clearlake Oaks improvement projects, and last month volunteered one of their trucks to transport flooring materials from Southern California to the Clearlake Skate Park so the park can be repaired and reopened.
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LAKE COUNTY – The worst weather predictions came true Friday, as high winds and heavy rains battered the county, with downed power lines and flooding closing roadways.
And, while in some areas waters were starting to recede and rainfall was lessening, the National Weather Service issued a blizzard warning for northern Lake County – which includes the Lake Pillsbury area – through 4 a.m. Saturday.
Weather Underground reported Friday that between Thursday and Friday morning Cobb had received 8.3 inches of rain, with just under 4 inches falling in Lower Lake, 1.92 inches in Lakeport and about six-tenths of an inch in Clearlake Oaks.
The US Geological Survey's stream gauges showed Kelsey, Cache and Putah creeks running so high they were almost off the charts.
Clear Lake also has begun to rise, according to the survey's measurements. The lake water along the Northshore Friday had turned brown due to runoff.
Wind gusts of as high as 40 miles per hours were expected in areas of the county, according to Weather Underground.
High winds and wet weather contributed to fallen power lines and trees around the county, said Lake County Roads Superintendent Steve Stangland.
Downed power lines, in turn, resulted in power outages.
Thousands of customers around the North Coast were out of power Friday, said Pacific Gas and Electric spokesperson Jana Schuering.
Shortly before 12:30 p.m. Schuering said 55,000 customers remained out of power, through 509 separate outages, in the North Coast region, which includes Lake, Sonoma and Mendocino counties.
The outages were so numerous that Schuering said she was unable to separate out just which ones were in Lake County.
In Clearlake, that city's Public Works Department reported all streets were open Friday afternoon.
The City of Lakeport's Public Works Department reported one street closure – on North Street, between Ninth and 10th – Friday afternoon, due to water. Water that had partially covered some city streets, including some close to downtown, had receded by afternoon.
County Public Works, which includes the Roads Department, is issuing county road updates every half hour because of fast-changing conditions, said Stangland. The updates can be found at the county's Web site, www.co.lake.ca.us.
“We're opening roads almost just as fast as they've been getting closed,” said Stangland.
Water had covered Lakeshore Boulevard at Lyons Creek near Lakeport, Witter Springs Road near Upper Lake and the new bridge on Perini Road at Siegler Canyon Road near Lower Lake, but Stangland said the roadways reopened once the water receded.
Road crews were working around the clock to keep on top of the situation, said Stangland. “It's going to be a continuous thing.”
In some cases where roads remained closed due to downed power lines, it was because road crews were waiting for PG&E to respond. “We won't even touch the tree if it has lines in it,”he said.
Crews hadn't had to help respond so far to accidents, Stangland said.
The California Highway Patrol reported numerous road hazards in Lake and Mendocino counties Friday, many appearing to be weather-related.
Caltrans had no road or lane closures in Lake County on Friday afternoon, said Caltrans District 1 spokesman, Phil Frisbie Jr.
“Currently, there's a lot going on in Mendocino County,” said Frisbie. “Lake County looks pretty calm right now, relatively.”
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Lake County Superior Court Judge Arthur Mann concluded that Timothy Poindexter of Kelseyville couldn't be held to answer for the case based on the evidence against him, according to statements from the District Attorney's Office and Poindexter's defense team.
“Obviously, we're very happy,” said Judy Conard, one of Poindexter's attorneys in the case.
Poindexter's lead attorney, Jamie Thistlethwaite of Santa Rosa, couldn't be reached late Thursday for comment.
The ruling followed a preliminary hearing that stretched across several days, said Deputy District Attorney Joyce Campbell.
The District Attorney's Office charged Poindexter, 48, last June, alleging that between October 2004 and June 2007 he had taken advantage of an elderly Finley couple during a real estate transaction.
Poindexter pleaded not guilty to the charges in a June 8, 2007 court appearance, as Lake County News has reported.
“The primary question was whether or not the defendant had tricked the elderly victim out of some farming equipment by saying it went along with real estate that was sold,” said Campbell.
Poindexter purchased an 18.7-acre property with a pear orchard on Finley Road East from the couple, paying $300,000, according to court documents obtained by Lake County News. Escrow on the property closed in 2005.
No Realtor was involved in the sale, according to the investigation, with Poindexter taking care of the paperwork.
Campbell said Thursday that a paragraph of the real estate contract added farm equipment valued at more than $25,000 that the couple said they had not originally agreed to include in the property sale.
The older man who sold Poindexter the property was adamant that he had not filled in the portion of the contract for the farm equipment, said Campbell. She added that the disputed paragraph had a handwritten alteration, which only was initialed by Poindexter and not the elderly seller.
In addition, the escrow officer testified in court that it was clear to her that the equipment was not included, Campbell said.
The case also had alleged that Poindexter had gained the older man's trust by visiting his home while in uniform, and while driving his CHP patrol car. “The elderly victim was indeed very impressed with him and there developed a relationship of trust,” said Campbell.
The investigative documents revealed that the men had gotten along at first, with Poindexter agreeing to allow the couple to store some of their belongings and equipment there. However, the older man alleged that his access to his belongings was blocked by Poindexter, who stacked his own property around those items.
Later, the men engaged attorneys who exchanged numerous letters either demanding the elderly couples' access to their belongings or that the couple refrain from returning to Poindexter's property.
Conard said Mann, who took an hour to finalize his ruling following the end of testimony in the hearing, provided a “very thorough” decision on the matter.
“Mr. Poindexter had a reasonable belief that the property in question does in fact belong to him,” she said, and it was a point with which she said Mann agreed.
What should be stressed, Conard added, is that Poindexter did not abuse his power in any way. “He has a claim to title.”
The case was a complex one, said Campbell, with many critical aspects to it.
She said that the elderly male victim – now in his 90s, and a World War II veteran – was “rock solid” as a witness, but on the stand he was forgetful of some details, which she suggested influenced the case's outcome.
Issues of memory and forgetfulness make elder financial abuse cases especially difficult to handle, said Campbell, who is retired but works on a part-time basis with the District Attorney's Office on cases involving seniors.
Keeping that in mind, Campbell said prosecutors work hard to make sure they can corroborate all the evidence in elder abuse cases. They thought they had done so in this case as well, she added.
Conard stated that the case ultimately should have been taken up in civil – not criminal – proceedings.
The case's turn in criminal court isn't entirely over, however.
“It is a felony so our office does have the option to refile if we feel it's the right thing to do,” said Campbell.
She added that the District Attorney's Office has not yet made a decision on whether it will pursue the case further.
Meanwhile, Poindexter's future in the CHP is still not clear.
After he was charged, the CHP placed Poindexter, a 26-year CHP veteran, on administrative leave, the CHP reported.
That's where Poindexter remains today, Fran Clader, a spokesperson for CHP's Sacramento headquarters, said Thursday. “His current status is, he's on administrative time off.”
Clader said Poindexter will remain on administrative leave “pending the completion of an internal investigation” by CHP.
She could not comment on whether Poindexter was seeking reinstatement.
Clader added that, because of the Peace Officer Bill of Rights, the CHP can't share the eventual outcome of that internal investigation.
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