PIERSON v. S.C. (SOUTH LAKE TAHOE POLICE OFFICER'S ASSOCIATION)

Case Number S240238

April 12, 2017, The request that the court grant review on its own motion, filed by the Office of the Attorney General, is denied. The matter is now final.


Third Appellate District, C081603

DISPOSITION


Let a peremptory writ of mandate issue directing the superior court to vacate its orders quashing the subpoenas and dismissing the grand jury, and instead issue orders denying the motions of the real parties in interest. The District Attorney of El Dorado County is awarded costs on appeal. (Cal. Rules of Court, rule 8.493(a)(1)(A).)


The Court ruling is in favor of the El Dorado County District Attorney's Office who has sought to convene a grand jury to determine whether criminal charges are warranted against the South Lake Tahoe officer Joshua Klinge in the shooting death of Kris Jackson.

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" Don't let there be a price set that you can be brought into corruption."





April 7, 2017





Kris Jackson murdered


Will Unfinished Business in South Lake Tahoe Distract New Police of Chief From His Duties?


January 20, 2017, the City of Susanville announced  that John King from South Lake Tahoe was hired as the new Chief of Police, starting on January 23rd. Following the hiring of John King has stirred up a lot  of controversy  with questions asked, if he meets the minimum qualification or if there was a background check before being hired. Another question one might ask, "Will the ongoing investigations into the South Lake Tahoe officer Joshua Klinge , who shot and killed of unarmed 22-year-old, Kris Jackson be a distraction to newly hired Police of Chief from his duties?" Susanville has it's own set of problems that  requires a new Chief of Police's full attention. John King was one of the SLT officers subpoena to testify before the El Dorado County Grand Jury in the death of Jackson, who is also party to the Motion to Quash the Subpoena. 


The El Dorado County District Attorney's Office has sought to convene a grand jury to determine whether criminal charges are warranted against officer Joshua Klinge. January 1, 2016, California Penal Code § 917(b) now expressly prohibits Grand Jury consideration of an officer's use of deadly force. Although contrary, the Bill of Right's Fifth Amendment states, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger;"


Events leading up to who will determine if Klinge will be criminally indicted or not;

  • December 22, 2015, the El Dorado County District Attorney's Office applied for an out of state witness subpoena to secure Joshua Klinge's attendance at the grand jury proceedings.
  • On February 1, 2016, Petitioner issued a second group of grand jury subpoenas. These subpoenas included members of SLTPOA and SLTPSA.
  • On February 4, 2016, SLTPOA and SLTPSA filed motions to discharge the grand jury and to quash the subpoenas issued by the Petitioner. (Motions to Quash Subpoena for Jason Cheney, Eli Clark, John King, Joshua Klinge, Jeffrey Roberson, and Brian Williams, 
  • On February 12, 2016, Chief Uhler filed a motion to quash the subpoena that was served upon himfor presentment at the grand jury.
  • On February 19, 2016, the Honorable Judge James R. Wagoner, El Dorado Superior Court ruled in favor of Real Parties in Interest, granting the motions to discharge the Grand Jury and to quash the subpoenas. Based on the Parties’ motions, the Superior Court found the Legislature had the power to enact SB 227 and that the grand jury had been convened in violation of the law
  • On March 22, 2015, Petitioner filed what appears to be an attempt at a Verified Petition for Writ of Mandate. The Petition asserts that the Legislature lacks constitutional authority to enact SB 227 and asks this Court to issue a Writ of Mandate directing the trial court to reconvene the El Dorado County grand jury.
  • On January 10, 2017, the California's Third Appellate Court's final ruling. "Let a peremptory writ of mandate issue directing the superior court to vacate its orders quashing the subpoenas and dismissing the grand jury, and instead issue orders denying the motions of the real parties in interest. The District Attorney of El Dorado County is awarded costs on appeal. (Cal. Rules of Court, rule 8.493(a)(1)(A)."
  • The time for ordering review on the court's own motion is hereby extended to and including May 10, 2017. (cal. Rules of Court, rule 8.512(c).) Cantil-Sakauye, C.J. (Received on 03/02/17)


A federal wrongful death suit filed against the City of South Lake Tahoe and members of its police force by Kris Jackson’s parents, Angela Ainely and Patrick Jackson, is likely to be delayed as the legal issues surrounding potential criminal charges are resolved. Attorneys on both sides of the wrongful death suit have suggested a stay in the civil case until a determination regarding possible criminal charges against Klinge is made. A trial date of spring 2018 for the civil case is suggested in the filing, but could be subject to extension.


Sources: SLT POLICE OFFICERS ASSOC. V. EDC GRAN D JURY (Case PC20160033); SLT POLICE OFFICERS ASSOC ET AL VS SUPERIOR COURT (Case PC20160019); California Third District Court of Appeal Case (C081603); Supreme Court Case (S240238);Tahoe Daily Tribune;South Lake Tahoe Police Watch


March 26, 2017












Massive Pot Ring Busted In Colorado

Michael Alan Stonehouse, the alleged ringleader and his brother Theodore Stonehouse, both from Redding, California were indicted in Colorado on charges of running a massive illegal marijuana operation that sold and shipped weed out of the state. The Stonehouse brothers has an active "key" license in Colorado; for operating a marijuana business that's valid until 2018. Michael Stonehouse was able to obtain a license from the Medical Enforcement Department despite his criminal background where he served four years of a 12-year sentence in state prison for a forgery and theft conviction after being charged with involvement in an identity theft ring in 1999.

Source: The Denver Post

Marijuana Laws Puts Law Enforcement In A Bad Situation

The States that have legalized marijuana puts law enforcement between a rock and a hard place. They must decide whether to violate the States Constitution or the U.S. Constitution. California, Colorado and other states  have legalized recreational marijuana sales, but marijuana remains illegal at the federal level.

According to out-of-state sheriffs say the flow of Colorado's legal marijuana across the border has increased drug arrests, overburdened police and courts and cost them money in overtime. Deuel County Sheriff Hayward in Nebraska, in his complaint states, that felony drug arrest has jumped 400% in over the last 3 years.

Larimer County Sheriff Justin Smith, in Colorado is the lead plaintiff and other neighboring states in a lawsuit ask that the federal court in Denver to strike down Colorado's Amendment 64 that legalized the sale of recreational marijuana and to close the state's more than 330 licensed marijuana stores.


Sources: USA Today,  Westword

Colorado Scrambling

U.S. Attorney General Sessions has Colorado scrambling to come up with a plan to protect their pot industry from a potential federal crackdown. A bill pending in the Legislature would allow pot growers and retailers to reclassify their recreational pot as medical marijuana if a change in federal law or enforcement occurs. This bill would allow 500 or so licensed recreational pot growers to instantly reclassify their pot. Trying to beat the devil around the bush could cost Colorado more than $100 million a year, because the medical marijuana tax is less than recreational weed. Medical marijuana tax 2.9 percent compared to recreational pot tax 17.9 percent.


Source:
Time

Missing: Alycia Leane Yeoman, 20 year old female, brown hair, brown eyes, height 5'4", weight 125 lbs.
Location: Yuba City, California
Date of Occurrence: March 30, 2017


Synopsis: Alycia "Aly" Leane Yeoman was reported missing by her family on April 1, 2017, after she missed two days of work and had not returned home.  Alycia was last seen on March 30, 2017, at 11 p.m., at a residence on Romero Street in Yuba City, California.  Alycia reportedly left the residence alone in her vehicle to return to her home.  On April 3, 2017, Alycia's vehicle, a green 1998 Toyota Tacoma, was recovered in the vicinity of Pennington Road in Live Oak, California.  Alycia's cell phone was found by a Live Oak resident in an area near where Alycia's vehicle was recovered.


This case is being investigated by the Federal Bureau of Investigation, Gridley-Biggs Police Department, Butte County Sheriff's Office, Butte County District Attorney’s Office, Sutter County Sheriff's Office, and Sutter County District Attorney’s Office.

 Source: Sacramento Bee, FBI, Missing Person

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No Growing Marijuana in Lassen County

April 18, 2017 Board Supervisors voted 3 - 2 opposing the proposed amendment to title 19 to grow up to 6 plants for medical and recreational use only and banning all commercial activity. A few Ranchers spoke out against growing marijuana with concerned of the effects on agriculture and the environment in Lassen County. Board members David Teeter and Chris Gallagher ( ex cop) voted for growing pot in Lassen County, while Aaron Albaugh, Jeff Hemphill and Tom Hammond opposed the amendment. Not sure if the real reason Hemphill and Hammond opposed it was because the amendment did not allow commercial growing in Lassen County?

March 27, 2017

Sharing Facebook Posts With Lassen County & Others...

Don't Be Fooled by the Legalization of Marijuana

Marijuana is harmful to users;

  • Marijuana use often causes panic attacks and chronic anxiety, and can cause paranoia. These are serious psychiatric problems.
  • Marijuana use alter sense of time, and reduce the ability to perform tasks requiring concentration and coordination, such as driving a car.
  • Marijuana Smoke, like tobacco smoke is harmful to the lungs. It contained 20 times more ammonia, (a carcinogen) andmfive times more of hydrogen cyanide (which can cause heart disease) and
    of nitrogen oxides, (which can cause lung damage) than tobacco smoke.


Why not legalize other harmful drugs...if it makes you feel good, so you should have a right to use it? Who will be expected to support drug abusers and pay for their health care cost?