LAKEPORT, Calif. – Two teams of local high school students argued criminal law like professionals during the inaugural Lake County Mock Trial Competition, with one team now advancing to the team state championship.

Middletown High and Upper Lake High students showed off their lawyering abilities during the Friday competition, arguing, objecting, questioning and cross-examining with a poise that earned them commendations from a county judge.

Middletown High took the win, and the team now heads to the state competition in Riverside March 22-24.

The competition was brought to Lake County through a partnership between the Lake County Office of Education and the Lake County Superior Court.

“This is a first, this is a big day for us,” said Lake County Superintendent of Schools Wally Holbrook, who worked to bring the event to Lake County.

He thanked the many volunteers – including his fellow event coordinators, court staffer Suzanne Blavet and Stephanie Wayment of the Lake County Office of Education – for their efforts in developing, organizing and recruiting the new educational event.

Holbrook also appreciated the students for their courage in taking on the competition. “Your ability to stand up and try something new and different will pay off tremendously for you as adults.”

The competition was held in two, two-hour sessions in Lake County Superior Court on Friday, which was a court furlough day.

Judge Richard Martin presided in the morning session, with Judge Michael Lunas hearing the afternoon arguments. Judge Andrew Blum and Judge Stephen Hedstrom had presided over a scrimmage on Feb. 12.

The two teams took turns in the role of prosecution and defense, with the students role playing as witnesses, attorneys and court staff.

They were coached by local criminal defense attorneys Bill Conwell and Anna Gregorian; Jon Hopkins, Lake County's former district attorney; and Lake County deputy district attorneys Trang Vo and Ed Borg. Danielle Bruns and Mike Smith were teacher coaches.

As the event got under way, Wayment thanked Blavet and all of the county's judges for their help bringing the program to Lake County. “Without their support we would not have this program.”

She also congratulated the two teams, who came to the competition through “lots of hard work, lots of learning, lots of determination.”

Wayment added, “You guys have worked hard, you've done great.”

The students also got to meet Mike Curran, a retired sheriff's deputy, and Eddie, his facility use dog.

The charming golden labrador-golden retriever mix, which Curran acquired through Canine Companies for Independence, is used in multiple settings – education, medical and legal. In the case of the latter, Curran said Eddie will act as support for children in interviews and court appearances.

“We're looking forward to using him in as many ways as we possible can,” said Curran.

As Eddie lounged nearby, Curran added, “Even though he doesn't show it, he's thrilled to be here.”

A case centered on constitutional rights

The focus of the Friday competition was the fictional court case of People v. Vega, which had core issues relating to the Fifth Amendment of the U.S. Constitution and the U.S. Supreme Court decision, Miranda v. Arizona.

The defendant, Adrian Vega, a prominent resident of Hidden Valley and child of the city’s mayor, was charged with felony hit-and-run for allegedly leaving the scene after hitting bicyclist and triathlete Cameron Douglas.

According to the prosecution's case, Vega – who had just led his team to victory in a state qualifying swim meet – was driving his father's vintage care home while texting and failed to stop at a stop sign, hitting Douglas, then leaving the scene.

While the victim identified Vega as the driver, and a separate witness offered a description that matched Vega, the defense argued that Toni De Luca – an Italian exchange student who lived with the Vega family – actually was the driver, and that Vega had taken over driving after the crash.

De Luca was wearing similar clothing and also had been seen by an eyewitness standing by the driver's side of the vehicle when he and Vega were leaving the school that night.

The defense also argued that Douglas was a political opponent of Mayor Vega who had stated he would do “absolutely anything” to get Vega from office, which they asserted provided a motivation to identify Adrian Vega as the driver.

They also argued that Douglas' judgment was unreliable as his serious injuries had included a concussion.

Vega, according to the defense, had given a statement to police during custodial interrogation, without being given his Miranda rights. The substance of the statement – given while Vega was sitting in the back of the police car, with the door locked – was taken to be a confession, and resulted in Vega's arrest. His attorneys argued he was never told he was free to leave during the discussion with Officer Kelly Wright, in which Vega had gotten into the police car because it was cold.

While the defense had argued for having Vega's statement thrown out, both judges allowed it to remain, determining that the discussion with police was consensual and noncustodial.

Both Martin and Lunas encouraged, questioned and guided the students through the process.

As the arguments wrapped up in the afternoon session, Lunas lauded the students for their efforts.

“I want to congratulate you all. All of your performances are outstanding. You know the material, you handle yourselves well,” he said.

While in the morning Martin had found for the Upper Lake prosecution, Lunas found the two teams had essentially tied in the afternoon session, which meant that Middletown's prosecution had not proven its case beyond a reasonable doubt.

But the teams were not scored on the judges' decisions solely, but overall performance.

Individual prizes were awarded to Jacob Gill, Becca Pachie, Raphael Roy-Labelle, Trever Warren, Elliot Serena and Leo Saldana before Middletown was announced as the day's winner.

Wayment said the community's financial help is needed to send the team to Riverside.

For more information, contact Wayment at 707-262-4163, email This email address is being protected from spambots. You need JavaScript enabled to view it. ; or mail contributions made payable to “LCOE” to Wayment's attention at the Lake County Office of Education, 1152 S. Main St., Lakeport, CA 95453.

Participating students (listed alphabetically)

Brittney Benner, Landon Bracisco, Katrina Carrillo, Ellisia Castro-Ibey, Tristan Cockrall, Paloma Colacion, Michael Davis, Mercedes De Los Santos, Jacob Gill, Ashton Hicks, Shahid Hussein, Mason Justice, Morgan Lucas, Chris Monroe, Jessica Mooney, Kaylee O'Bryant, Becca Pachie, Tyler Peters, Gabe Ramos, Jacob Riccio, Raphael Roy-Labelle, Clayton Rudiger, Leo Saldana, Nick Santos, Ian Seevers, Elliot Serena, Trever Warren and Emma Zalusky.

Event coordinators

Suzanne Blavet, Lake County Superior Court; Wally Holbrook and Stephanie Wayment, Lake County Office of Education.

Scoring attorneys

Judge Richard Freeborn, retired, Lake County Superior Court; Lake County District Attorney Don Anderson; Lake County deputy district attorneys Susan Krones, Alan Upton, Sharon Lerman-Hubert and Megan Lankford; Cathy Ward; Joe McGlinchy; David Markham; John Hinely; Mendocino County deputy district attorneys Alexandra Khoury and Josh Rosenfield; and Colton Grove, Laytonville Mock Trial Team member.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

LAKEPORT, Calif. – Hundreds of people came out on Thursday evening to see the San Francisco Giants' World Series trophies.

The line stretched around the Marge Alakszay Center next to Terrace Middle School where the public was able to view the trophies for a two-hour period.

On display were the team's 2010 and 2012 trophies, both created by Tiffany & Co.

Dan Camacho of the local Junior Giants organization had successfully applied to bring the trophies to Lakeport as part of a statewide tour.

The trophies will continue on the tour around California and into Southern Oregon through March 26.

To find out more about the tour visit http://sanfrancisco.giants.mlb.com/sf/fan_forum/trophy_tour.jsp .

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

MIDDLETOWN, Calif. – A three-vehicle wreck near Hidden Valley Lake late Thursday afternoon temporarily closed down Highway 29 and resulted in minor injuries.

The head-on crash was reported shortly after 4:30 p.m. on Highway 29 north of Spruce Grove Road, according to the California Highway Patrol.

A car that was on the wrong side of the road hit a pickup head on, with the car rear-ended by another car, according to reports from the scene. The pickup went off the road and the other two vehicles blocked the roadway.

Minor injuries were reported and none of the five people involved in the crash were transported to the hospital, according to reports from the scene.

Highway 29 was reopened shortly after 6:15 p.m., the CHP reported.

Congressman Mike Thompson (CA-5) and Congresswoman Ileana Ros-Lehtinen (FL-27) have introduced new legislation to help protect veterans and their family members.

H.R. 932, The Support and Defend Our Military Personnel and their Families Act, is bipartisan legislation cosponsored by four other members of Congress.

It allows active duty soldiers and veterans who serve honorably to expedite their own citizenship process as well as that of their family members, and helps to protect those veterans from deportation.

“This legislation will help fix our broken immigration system that unnecessarily burdens active-duty service members, veterans who honorably served our nation, and military families,” said Thompson. “The brave men and women of our armed forces are willing to fight and die for our nation – the last thing they should have to worry about on the battlefield is their family’s immigration status.”

“I thank Mike for his leadership in introducing this important legislation,” said Ros-Lehtinen. “This bill will expedite the U.S. citizenship of the men and women who have sacrificed so much to protect the freedoms and principles upon which our nation was founded. It will also promote family unity by allowing their immediate family members to apply for lawful immigration status.”

Ros-Lehtinen added, “Our patriots have risked their lives to secure our nation’s ideals of opportunity and democracy for future generations to come. These brave servicemen and servicewomen deserve our support; we will keep fighting for their rights.”

“This bill is an important step forward in resolving the serious immigration problems of America’s military families and of military veterans,” said Margaret D. Stock, counsel to the firm Lane Powell PC, and lieutenant colonel (retired), US Army Reserve, Military Police Corps.

Stock is representing Carlos Solorzano, a Lower Lake High School graduate now living in Alaska, who last month had faced a deportation hearing, as Lake County News has reported.

Solorzano, who was raised in the United States, was allowed to remain in the United States and pursue citizenship.

The legislation will help address some of the serious problems with the country's immigration process, according to Stock.

“For too long, our complex and dysfunctional immigration system has imposed grave hardships on military families and military veterans. In the face of Executive Branch inaction on the issue, Congress needs to take action,” Stock said.

The Congressional Research Service reports that more than 45,000 non-citizens are serving in the United States Armed Forces – Army, Air Force, Navy, Marine Corps, and Coast Guard.

In addition, many U.S. citizens serving in the military have family members who are not U.S. citizens. Non-citizen servicemembers and service members with non-citizen family members represent a significant portion of U.S. Armed Forces, and they often face daunting and complex immigration law and procedure.

The Support and Defend Our Military Personnel and their Families Act addresses these immigration concerns of America’s military personnel, our veterans, and their family members back home by:

• Helping veterans who have served honorably become U.S. citizens: The legislation allows soldiers who serve honorably during certain contingency operations to become U.S. citizens expeditiously.
• Reuniting lawful permanent residents serving in active-duty with family members: The bill exempts immigrant petitions filed for the spouses and children of military personnel from numerical caps that limit the number of immigration petitions that can be granted each year.
• Preserving family unity of military personnel: The bill permits immediate family members of military personnel to apply for lawful immigration status, subject to all necessary criminal and security background checks; and codifies existing guidelines for placing active-duty soldiers or veterans into removal proceedings.

H.R. 932 has since been referred to the House Committee on the Judiciary and the House Committee on Armed Services where it awaits further action.

Thompson represents California’s Fifth Congressional District, which includes all or part of Contra Costa, Lake, Napa, Solano and Sonoma counties.

LAKEPORT, Calif. – The board for the Area Agency on Aging of Lake and Mendocino Counties voted Thursday morning to terminate its provider contract with the Lucerne Alpine Senior Center after state officials concluded the center's nutrition program presented a risk to public safety.

The unanimous vote followed a report presented by Program Coordinator Mike Parkinson that included a warning that the entire Area Agency on Aging was at risk due to the conditions in Lucerne, which he said a state official called the worst senior food program in the state.

The California Department of Aging analysis – based on a monitoring visit on Feb. 5 – found serious food safety issues and concluded that the center was a “high risk” service provider, with no improvement in the program seen since 2008.

In cases where there is a threat to life, health and safety, or where fiscal irregularity exists, Parkinson said the agency's policies allowed for contract termination to take place immediately. That was the action that he and AAA staff proposed.

Parkinson told Lake County News after the meeting that the Area Agency on Aging's fiscal year 2012-13 contract with Lucerne Alpine Senior Center is for $66,084. Of that amount, $60,805 is for nutrition programs, with $5,279 for outreach, information and assistance programs.

The AAA report on the center for the Thursday meeting also pointed to concerns about payroll taxes not being paid regularly and other outstanding bills, which as of last September totaled just under $19,000.

With the action taken Thursday, the termination will take place in 30 days. The Lucerne center and its board may now appeal, with the matter going to a separate appeal board.

However, without the food contract, the future of the center and what it can offer under its current organizational structure is in question. The senior center's nine member board only has five members, four of whom were reportedly preparing to step down in June.

Parkinson said AAA must send a plan to the state within 15 days that would outline how the impacted seniors would be transitioned to other nutrition service providers.

Jonathan Crooks, executive director for the Lakeport Senior Center, and Pat Grabham, executive director of the Live Oaks Senior Center in Clearlake Oaks, both were on hand and said they were prepared to help cover the seniors whose nutrition needs previously were being met by Lucerne.

Robert Clifton, the center's executive director, and members of his board were present to ask AAA board members not to take the step.

If the center wants to try to get the contract back, they were told they could reapply in the next round of requests for proposals at the end of this fiscal year.

Parkinson reported to the board that, since July 1, 2012, the Lucerne Alpine Senior Center had served 156 individuals 2,658 congregate meals during lunches at the center, with another 102 people receiving 15,813 meals delivered to their homes.

AAA Board Member Bekkie Emery called that a “substantial number” of people served, and asked if there would be a seamless transition.

Parkinson acknowledged that those seniors are at risk in the process, but said other senior centers are willing to step up to handle the extra load. “It would be as seamless, I think, as possible.”

Clifton told the board he hadn't seen the complaint, adding that he didn't understand the “high risk” designation given to the center. He said there had been no hospitalizations or deaths based on the center's food service.

He said the center has followed US Department of Agriculture food guidelines, makes fresh food and has passed county inspections.

The last inspection the center had by the Lake County Environmental Health Department, which according to county records was in November 2011, listed only one noncritical issue relating to food storage.

Parkinson, however, said that the state dietitian's review found expired and undated food in the center refrigerator, and food on the floor. He added that the center needed to adhere to food guidelines set out under the Older Americans Acts, not those established by the USDA.

He also explained at the meeting that during the state's Feb. 5 audit visit center staff was unable to locate a binder that contained information on food safety, training and other policies, and Parkinson said the auditor took that to mean there was no evidence for those measures.

County Supervisor Rob Brown, who was filling in for Supervisor Denise Rushing, asked for Parkinson's opinion of the matter. Parkinson referred them to previous noncompliance issues with the center.

“It's not just about the food?” Brown asked.

“There are other issues as well,” Parkinson said, explaining that the state's auditors had concluded that there had been no improvements in the program since 2008.

One of the officials who had spoken with Parkinson, and who monitors about 17 area agencies on aging around the state, told him during an exit interview that the Lucerne Alpine Senior Center's food program “was the worst program she had ever seen,” he said.

Ted Shimizu, Lucerne Alpine Senior Center's board president, told the AAA board that the center has “astronomical” expenses, and he was planning to resign because he could no longer afford the cost of volunteering.

Another Lucerne senior center board member, Jerry Morehouse, asked, “Is there any solution to this other than terminating the contract?”

Parkinson said AAA has tried to help fix the problems, but the state also was looking at the agency and how it monitored the senior center.

“Our program in the two counties is at risk because of the noncompliance of a single contractor,” he said, noting that they had to make a hard decision or risk everyone else.

Crooks said his center had the capacity “to meet any need that is put forward to us,” both in delivered and congregate meals.

“We will do what's needed to make sure no client goes hungry,” he said, adding that the services can continue without interruption.

AAA members acknowledged that the center is vital to the Lucerne community, but there also were concerns that community members were continuing to loan the center money to keep going.

Morehouse asked if any other local senior centers had been visited by the state. Parkinson said Middletown was visited Feb. 6 and had no issues.

Brown pointed out, “Terminating the contract seems terminal, but it's not.”

AAA members said there was an appeal process, although Carol Huchingson – the AAA chair and Lake County's Social Services Department director – said it has only been used once before, many years ago.

“Noncompliance by a single contractor threatens all, and that's what we have to take seriously,” said Carre Brown, a Mendocino County supervisor serving on the AAA board. “I believe we cannot risk all the other contracts.”

Huchingson said a viable senior center is needed in Lucerne, and that she hoped the AAA board action would finally prompt a rebirth and reorganization at the center.

Rob Brown, who said he had spoken at length with Rushing in preparation for the meeting, said he believed Rushing would support the termination, adding that it was more of an opportunity than a sanction.

AAA Board Member Jerry Chaney said the struggling center was “a very sad thing,” explaining that the board previously had warned the center about getting behind on payroll taxes. He said they had to protect the rest of their contractors.

Carre Brown moved to terminate the contract, with Chaney seconding. The board approved it unanimously.

Huchingson said there is $15,000 set aside in Lake County's budget to assist in the kind of transition between service providers that the vote set in motion.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

NORTH COAST, Calif. – A Ukiah man wanted for allegedly shooting at a Mendocino County Sheriff's deputy in a Monday night incident has been arrested.

Walter Kristopher Miller, 42, was arrested following two and a half hours of negotiations with a law enforcement team after he was located at a Ukiah hotel on Wednesday, the Mendocino County Sheriff's Office reported.

Miller and 30-year-old Christopher Skaggs of Redwood Valley had allegedly been in a vehicle on Monday night that a deputy had attempted to stop, as Lake County News has reported.

Officials said the men led the deputy on a vehicle pursuit and, at one point, Miller – riding as the passenger – allegedly leaned out the window and shot several times at a distance of about 35 yards at the deputy's vehicle, causing the patrol vehicle to become inoperable.

Sheriff Tom Allman had said in a Tuesday news conference that the handgun used in the shooting was believed to have been stolen – along with two other handguns, a rifle and a shotgun – from a Potter Valley residence earlier that evening.

That night, the vehicle was found abandoned in the 6000 block of Highway 253. None of the guns were found at that time, officials said.

Skaggs was taken into custody on Tuesday morning after he was found on foot in the Ukiah area, Allman had reported.

At 11:30 a.m. Wednesday Mendocino County Sheriff's detectives received information that Miller was possibly occupying a room at the Best Western Orchard Inn in Ukiah, according to a Thursday report from Lt. Greg Van Patten.

Van Patten said sheriff's detectives conducted investigations into the information while members of the Mendocino Major Crimes Task Force and County of Mendocino Marijuana Eradication Team established surveillance on the hotel.

Approximately two hours later sheriff's detectives uncovered substantial information that showed Miller was currently occupying a room at the hotel, Van Patten reported.

A perimeter was established around the hotel with the assistance of personnel from the Mendocino County Sheriff's Office, Ukiah Police Department, California Highway Patrol – officers and an agency helicopter – and Mendocino County District Attorney's Office, he said.

The Mendocino County Sheriff's Office SWAT team, comprised of personnel from the Mendocino County Sheriff's Office and Willits Police Department, were summoned to the scene, according to Van Patten.

Van Patten said the SWAT team was deployed to the inside of the hotel where the team then confined Miller to the room he was solely occupying on the second story.

Customers inside the hotel were evacuated to a safe location away from the hotel and nearby businesses were instructed to shelter in place, he said.

The city of Ukiah Fire Department in addition to the city of Ukiah Ambulance service and Ukiah Ambulance service were summoned to the area to stand by in the event of a medical emergency, Van Patten reported.

Personnel from the Mendocino County Sheriff's Office Crisis Negotiation Team were summoned to the hotel in an attempt to contact Miller, Van Patten said. Prior to their arrival a sheriff's detective established telephone communications with Miller and began to negotiate his peaceful surrender.

During the approximately two-and-a-half-hour negotiation process Miller expressed a desire to surrender to his parole agent from the Division of Adult Parole Operations with the California Department of Corrections and Rehabilitation, Van Patten said.

As the parole agent was arriving at the hotel Miller exited the room and surrendered himself to members of the SWAT team, according to Van Patten.

Van Patten said sheriff's detectives conducted a search of the hotel room pursuant to a search warrant and seized an AP 9 millimeter machine pistol with two loaded high capacity magazines – one with a 20 round magazine, the other with a 30 round magazine.

Sheriff's detectives determined this was one of the firearms stolen from the Van Arsdale Road residence in Potter Valley on Monday and was the firearm believed to be used during the attempted murder of the Mendocino County Sheriff's Deputy on that same day, Van Patten said.

Miller was transported to the Mendocino County Jail where he was booked on charges of attempted murder, illegally possessing a firearm, burglary, possessing stolen property, conspiracy and parole violation, Van Patten said. Miller is currently being held on a no bail status.

Snow surveyors this week confirmed that water content in the mountain snowpack is well below normal for the date.

The snowpack hasn’t actually lost much water content since the season’s first survey on Jan. 2, when it was 134 percent of normal for that date, but it hasn’t continued to build as winter has deepened because of the continuing warm weather that set in after the storms of late November and early December, the California Department of Water Resources reported.

In other words, the snowpack has not kept pace with the calendar, the agency said.

As a result, Thursday's snow survey showed a snowpack with water content at only 66 percent of average for this time of year, and only 57 percent of the average April 1 reading, when the snowpack normally is at its peak before beginning to melt into the state’s streams, reservoirs and aquifers.

The snowpack – often called California’s “frozen reservoir “– normally provides about a third of the water for California’s farms and communities.

With no precipitation in the forecast, the Northern California region whose storms fill key reservoirs that supply water to farms and millions of Californians is headed toward the driest January-February on record (since 1920).   

This is the normally rain-rich, mountainous area from Shasta Lake in the north to the American River basin in the south, where a scant 2.2 inches of rain has fallen since December, 13 percent of average.   The next driest January-February was in 1991, with 4 inches of precipitation.

Forecasters note there could be a weather turnaround in March, but it is unlikely late-season storms will make up the water supply deficit.

“Near-record dry weather combined with pumping restrictions to protect Delta smelt are making this a gloomy water supply year,” said Department of Water Resources Director Mark Cowin. “This scenario is exactly why we need an alternative water conveyance system as proposed in the Bay Delta Conservation Plan to both protect fish species and give California a reliable water supply.”

Electronic readings indicate that water content across the state was at 66 percent of average on Friday.
 
DWR and cooperating agencies conduct manual snow surveys around the first of the month from January through May.  

The manual measurements supplement and check the accuracy of the real-time electronic readings from sensors up and down the state.

DWR currently estimates that it will be able to deliver 40 percent of the slightly more than 4 million acre-feet of State Water Project (SWP) water requested for this calendar year by the 29 public agencies that supply more than 25 million people and nearly a million acres of irrigated farmland. The delivery estimate may change to reflect changing conditions.  

The final allocation of State Water Project water in calendar year 2012 was 65 percent of requested deliveries. The initial delivery estimate for calendar year 2011 was only 25 percent of requested SWP water.

However, as winter took hold, a near record snowpack and heavy rains resulted in deliveries of 80 percent of requests in 2011.

The final allocation was 50 percent in 2010, 40 percent in 2009, 35 percent in 2008, and 60 percent in 2007.

The last 100 percent allocation – difficult to achieve even in wet years because of pumping restrictions to protect Delta fish – was in 2006.

Despite the dwindling snowpack, most key storage reservoirs are above or near historic levels for the date thanks to November and December storms.

An exception is San Luis Reservoir, a critical offstream reservoir south of the Sacramento-San Joaquin Delta that is only at 69 percent of its historic level for the date.  

San Luis normally is filled by pumping from the Delta, but today is only 60 percent full because of the Delta smelt pumping restrictions.

Lake Oroville in Butte County, the State Water Project’s principal storage reservoir, is at 113 percent of its average level for the date (80 percent of its 3.5 million acre-foot capacity).

Shasta Lake north of Redding, the federal Central Valley Project’s largest reservoir with a capacity of 4.5 million acre-feet, is at 107 percent of its normal storage level for the date (79 percent of capacity).

LUCERNE, Calif. – Marymount College is set to launch its newest campus and a new opportunity for upper division and graduate students to advance or complete their college degrees.  

The new campus will be located at the historic Lucerne Hotel, located on Country Club Drive.

The college and the county signed the lease for the 1920s-era building last fall, as Lake County News has reported.

Marymount College reported this week that students will originate from both Northern and Southern California when the college is fully operational in gall 2014, but opportunities exist sooner for students currently enrolled with Marymount in Southern California.

This fall, a limited number of well-qualified upper division and graduate students will have an opportunity to be pioneers at this new site, living at the Clear Lake Campus in Lucerne and earning degree credits through experiential learning, such as internships, service, and research, as well as online course work.

This will be a particularly valuable opportunity for students in search of meaningful Capstone or Master's research projects.

Students at Marymount's Clear Lake Campus will be able to launch projects working with social service agencies; interning with individual businesses or community business associations; conducting research for public agencies or UC Cooperative Extension; or pursuing independent research projects suited to the Lake County location and to their majors.

This opportunity is available only to students who are enrolled with Marymount in Southern California and who have attained upper division or graduate standing prior to the beginning of the 2013 fall semester.

Applicants must have a grade point average of 3.0 or higher; no significant judicial or integrity violations; and completion prior to fall 2013 of a sufficient proportion of applicable course and degree requirements so that qualifying students can stay on track for degree completion while engaged in experiential learning and online coursework.

Students will be able to apply for federal, state or private financial aid and scholarships toward enrollment costs.

As pioneers at a new campus, students will be expected to be mature, self-motivated and adaptable.

The campus will provide basic dorm rooms, study space, Wi-Fi connectivity and some student support services.  

For more information visit http://www.marymountpv.edu/lake-county .

LAKEPORT, Calif. – Lake County’s sheriff took the stand on Wednesday to testify to his part in an investigation regarding an alleged fight between three Hells Angels and rival motorcycle gang members in June 2011.

Sheriff Frank Rivero testified on Wednesday morning as part of pretrial motions in the cases of Josh Johnson, Nicolas Carrillo and Timothy Bianchi.

The men are facing trial in May for allegedly fighting with Michael Burns, a validated Vagos motorcycle gang member, and Kristopher Perkin on June 4, 2011, at a tattoo convention at Konocti Vista Casino outside of Lakeport.

David Dabbs, a fourth Hells Angel member who was alleged to have been involved, remains at large in the case.

All three defendants in the case are charged with felony participation in a criminal street gang, and misdemeanor counts of disturbing the peace and battery; Bianchi is charged with felony assault with a deadly weapon other than a firearm; and Johnson and Carrillo each face a second misdemeanor battery count.

Carrillo’s attorney, Michael Clough, subpoenaed Rivero, along with District Attorney Don Anderson – who was in court but did not testify – as well as Deputy District Attorney Art Grothe, who is prosecuting the case and also didn’t testify; Jorge Gil-Blanco, a Hells Angels expert who didn’t testify due to time constraints; Sgt. Gary Frace; and Lt. Chris Chwialkowski.

Clough said the subpoenas resulted from the District Attorney’s Office’s “sudden” assertion that Rivero – who spoke to tribal leaders in order to get casino surveillance video of the fight – wasn’t going to be a material witness in the case after having testified at last year’s preliminary hearing.

The legal definition of a material witness is someone who has information that is significant enough to affect the case’s outcome.

Because Clough believes Rivero to be a material witness, he’s also seeking access to Rivero’s personnel records and disclosure of information that the prosecution is required to release under the auspices of the 1963 U.S. Supreme Court case, Brady v. Maryland.

Brady v. Maryland requires the government release to criminal defendants any information that could help clear them – including issues relating to the credibility of peace officers involved in their cases.

Rivero has been under investigation by the District Attorney’s Office for allegedly lying about his actions during a nonfatal 2008 shooting in which Rivero, while working as a sheriff’s deputy, shot at a man holding pepper spray.

Anderson told Lake County News last week that the matter had been concluded and he had sent his determination to Rivero’s attorney, but that he and Rivero’s counsel had agreed to a 10-day embargo on his findings. That embargo runs out at the end of this week.

Grothe acknowledged the Brady issue proceeding to the court, and emphasized, “We do not feel that Sheriff Rivero is a material witness,” and so any Brady materials would not have to be disclosed.

Rivero recounts involvement

Retired Judge David Herrick, who heard the case, asked if it was possible in the cases of some of those who were subpoenaed to read their previous testimony from the preliminary hearing. Clough agreed in the case of Frace, who was excused, but wanted Rivero to take the stand.

County Counsel Anita Grant, who appeared on behalf of both Rivero and Anderson, said Rivero was prepared to testify.

She made a point of saying that Rivero was not served at his place of business, but was served with a subpoena at his home over the weekend. his 10 year old son was present, and she said the subpoena service was scary for the child.

Clough said he personally had delivered a subpoena to the sheriff’s office previously but it evidently was not given to Rivero, thus the service at his home Saturday.

Rivero, who was on the stand for about 20 minutes, said he found out about the fight “shortly after it happened” from his watch commander. Within a day or two of the incident he said he reviewed the initial report and met with Det. Sgt. John Gregore.

Under Clough’s questioning, Rivero acknowledged that at his direction Frace – who was one of the investigating officers – was ordered not to talk to anyone about the investigation.

While discussing the case with Gregore, Rivero said he was informed that a deputy “had met with some resistance” when trying to get surveillance footage from Konocti Vista Casino. Rivero said he contacted the tribal chair, who referred him to the gaming commission, which in turn decided to give Rivero the recordings.

Rivero said he met with a casino employee who had bookmarked the videos and made Rivero a DVD with the recordings. Rivero asked for any video showing any Hells Angels members at the casino from their arrival to the time they left.

On a separate trip, Rivero said he picked up another DVD of additional footage, and he and Gregore also went to Sonoma County to discuss the case with a gang unit there.

Jai Gohel, Bianchi's defense attorney, asked Rivero if it was his understanding that sheriff’s employees had viewed some of the video recordings prior to him calling the tribal chair. Rivero said no, he did not know of anyone viewing them previously.

Gohel also asked if Rivero had requested the casino preserve any video of the Vagos. “I don’t recall,” said Rivero.

During brief questioning, Grothe asked Rivero if he had interviewed any of the assault witnesses. Rivero said no. He also testified that he transported the digital media back to the sheriff’s office and turned it over to Gregore.

Rivero gave order to silence deputy

Chwialkowski, who at the time of the incident was a sergeant on the evening shift, said he was briefed about the fight when he came on duty by Sgt. Andy Davidson. Rivero also called Chwialkowski on his cell phone to ask questions about the fight.

Chwialkowski followed up with Frace to get answers to Rivero’s questions. He said Frace briefed him about the events at the casino. At one point, Frace indicated that his report was completed and the incident was closed.

In another discussion with Rivero, Chwialkowski said Rivero told him to order Frace not to discuss the case with anyone else. When asked what the order was about, Chwialkowski said he believed it was related to the fact that Frace did not investigate the case fully and that it had to be looked into.

Clough asked Chwialkowski if that order was based on Rivero’s belief that the case had not been adequately investigated. Chwialkowski said that also was his conclusion, as there were a lot of unanswered questions.

When Frace testified during the case’s March 2012 preliminary hearing, he was still under orders not to speak about the case until Capt. Chris Macedo arrived to release him from that admonition, as Lake County News has reported. Grothe stated in court at the time that the sheriff's department had initiated and held open an internal affairs investigation on Frace following the June 2011 incident.

Frace had testified that he told Chwialkowski about seeing the surveillance video, only to have Chwialkowski come back later to inform him that Rivero was immediately ordering him not to talk to other deputies about the case.

During motion arguments Wednesday morning, Clough told the court, “Our argument is simple. At trial we are going to argue obviously that there were videos that weren't collected, that there was a faulty investigation.”

He said the testimony showed that Rivero played a major role in the investigation.

“There's no dispute that the videos are going to be the heart of much of the trial,” said Clough, who signaled he will file a motion to suppress the videotapes, which had “a number of gaps” in what they showed.

Also on Wednesday, Herrick granted a motion to quash Clough’s subpoena for information about the Hells Angels from the Western States Information Network, which was represented by the California Attorney General’s Office. WSIN is a regional information sharing system that provides criminal intelligence information and case and event de-confliction to law enforcement investigations.

Herrick did not issue a ruling on Rivero’s testimony and the Brady issues on Wednesday. Motion hearings are set to continue on Thursday.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

NORTH COAST, Calif. – An Upper Lake man was arrested late in February in Mendocino County for marijuana possession and transportation.

Jon MacDonald, 33, was arrested along with Ukiah resident Richard Gandola, 67, on Feb. 20, according to the Mendocino County Sheriff's Office.

Deputies from the County of Mendocino Marijuana Eradication Team (COMMET) with assistance from the Mendocino County Sheriff's Office Detective Unit served a search warrant at a residence located in the 1400 block of Christopher Court in Ukiah.

Prior to serving the search warrant a vehicle driven by MacDonald was stopped by investigators as the vehicle was leaving the residence. Located inside the vehicle were 7 pounds of processed marijuana packaged in separate 1 pound bags, Mendocino County officials said.

Located at the residence were approximately 31 pounds of marijuana packaged for sale, 46 marijuana plants that were being grown indoors, $46,007 in US currency and money orders, an electronic money counting machine, scales, packaging material and a shotgun.

Gandola arrived at the residence during the service of the search warrant and was determined to reside at the location.

MacDonald was arrested for violation of section possession of marijuana for sale and transportation of marijuana. Officials said he as booked into the Mendocino County jail where he was subsequently released after posting $30,000 bail.

Gandola was arrested for possession of marijuana for sale and was booked into the Mendocino County Jail, according to the report. Gandola was subsequently released after posting $25,000 bail.

Sheriff's officials are seeking additional charges of possession of drug proceeds over $25,000, cultivation of marijuana, maintaining a place to grow marijuana and being armed during the commission of a felony.

LAKE COUNTY, Calif. – The Lake County Child Care Planning Council has announced the release of the 2013-2018 Countywide Master Plan for Child Care and Development Services.

The 20-member council consists of representatives from family child care, Easter Seals, Head Start, NCO Resource and Referral, Lake Family Resource Center, Yuba College and more.

The master plan, which is mandated by legislation, outlines a definition of quality child care, and research that supports a countywide effort to ensure high quality care and education for all children.

“Investment in early childhood education is critical to the future of our county,” said Shelly Mascari, the council's director.

According to the National Institute of Child Health and Human Development, children who receive high quality child care score higher on measures of academic and cognitive achievement when they are 15 years old.

Children who receive quality child care also demonstrate greater mathematical ability, stronger thinking and attention skills, and fewer behavioral problems.

Quality child care also leads to higher reading scores and a greater likelihood of completing high school and going to college.

“Child care is a significant industry in Lake County that keeps parents working and strengthens the economy. Encouraging, a countywide emphasis and investment in ensuring our children have access to quality care is the purpose for this Master Plan,” said Mascari.

The master plan outlines four desired results with specific actions listed to achieve those results:

• A wide variety of quality child care, early education, and support services are available and accessible throughout Lake County.
• Support and resources for improving the quality of child care and early education are available in Lake County.
• The child care community is committed to advocating for and supporting the availability and affordability of child care and early education services for all families.
• The importance of the child care industry is promoted throughout Lake County.

To view the plan, visit www.lakecoe.org .

If your organization would like a presentation on the components of the plan, please contact Shelly Mascari at This email address is being protected from spambots. You need JavaScript enabled to view it. or 707-262-4162.

The Lake County Child Care Planning Council meets the third Thursday of each month at 6:30 p.m. On alternating sides of Lake County.

For a complete schedule and for more information, visit www.lakecountychildcareplanning.com or call 707-995-9523.

New legislation was introduced Wednesday that lawmakers say is meant to keep firearms out of the wrong hands.

Congressman Mike Thompson (CA-05), chairman of the House Gun Violence Prevention Task Force, and task force vice-chair Jackie Speier (CA-14) have introduced H.R. 848, the Armed Prohibited Persons Act of 2013.

This legislation will help states launch initiatives to remove guns from the hands of convicted criminals and the dangerously mentally ill.

The legislation will establish a competitive grant program within the Department of Justice for states that voluntarily develop a system that removes firearms from people who bought them legally but later lost their right to own those firearms by committing a crime or being deemed dangerously mentally ill.

This legislation is modeled after a 2001 California state law that established the state’s Armed Prohibited Persons System (APPS). California Attorney General Kamala D. Harris endorsed the legislation.  

“No matter which side of this debate you are on, no one wants criminals or people with a history of dangerous mental illness to have guns,” said Thompson. “This bill does nothing to limit a law abiding citizen’s Second Amendment Rights. It simply gives states an incentive to develop successful programs that will keep guns out of the hands of people we all agree shouldn’t have them. It will help prevent gun violence, and it will make our schools, streets and communities safer.”  

"California's armed and prohibited persons program is a proactive, smart, efficient tool that is taking firearms out of the hands of people who are prohibited from possessing them,” said Attorney General Harris. “I applaud Rep. Thompson for introducing this bill that will expand efforts nationwide to take dangerous weapons from those who are prohibited by law from possessing them."

“The NRA is the first to say that we need to get the guns out of the hands of criminals. This bill does just that. We anxiously await their support,” said Speier.

California’s APPS helps make sure those convicted of certain crimes or deemed to be dangerously mentally ill relinquish or sell any firearms they own.

Since 2007, under California’s APPS, law enforcement has collected more than 10,000 guns from people who after legally purchasing them, became prohibited from owning them. More than 11,000 assault magazines have also been seized.

Last year alone, more than 1,800 firearms where taken out of the hands of convicted criminals and the dangerously mentally ill.

Other states, including Iowa, have systems to ensure persons who have domestic violence protective orders issued against them dispose of their firearms for the duration of the protective order. Most recently, the New York Secure Ammunition and Firearms Enforcement (SAFE) Act included provisions to remove firearms from armed prohibited persons and the state will be developing a system to facilitate this.

Specifically, the Armed Prohibited Persons Act of 2013 would make grants available to States who:

• Develop programs with the goal of removing firearms from armed prohibited persons;
• Provide assurances that an armed prohibited person will have a reasonable opportunity to lawfully dispose of their firearms before the State takes action to retrieve them;
• Will contribute pertinent information to the National Criminal Instant Background Checks System (NICS); and
• Can sustain the operation of the proposed program.

H.R. 848 has been referred to the House Committee on the Judiciary.

Thompson represents California’s 5th Congressional District, which includes all or part of Contra Costa, Lake, Napa, Solano and Sonoma counties.