9.21.12 Judge Dale Reinholtsen orders the release of the Hale Investigation Report. The city redacted every name other than former public works director Jim Hale's which included obvious references to former city manager Nancy Fleming, building inspector Arnie Kemp, current/past city council members, select contractors/developers and others who have been personally benefitting from public resources/assets. Rio Dell has spent vast amounts of taxpayer money to try and keep the public record buried as nothing has changed and all of those involved other than Hale and Fleming remain.

7.21.12 Former Blue Lake police chief David Gundersen to be retried on weapons charges - Times Standard In the first trial it was found that Rio Dell police were in possession of multiple machine guns "loaned" illegally by Gundersen which were returned after the charges were filed. Read below for details from the original trial which the RioDellTimes reported on extensively.

5.14.12 Leon Bigleggins pleads guilty to manslaughter in the death of 4 year old Dylan Blount-Chambers

3.18.12 Former Blue Lake Police Chief Dave Gundersen has weapons convictions reversed on appeal due to 'improper jury instructions'

9.20.10 Bigleggins flips the bird in court! People vs. Bigleggins, Leon Alyious Who was recently arrested for the murder of a 4 year old appeared in court today for a disposition hearing. Bigleggins defense attorney David Lee of the Public Defenders office told the court that they were not ready to proceed due to evidence not yet available for them to view. The prosecution, Deputy District Attorney Allan Dollison said that Mr. Lee was in fact correct and the discovery process needed to continue. Dollison exclaimed that "this is a case of the murder of a young child" and that so far "15 CD's of discovery have already been provided to the defense." There was agreement between both sides that the disposition of the case needed to be reset. The presiding Judge Harold E Neville Jr. was quick to approve and schedule Lee's request. The disposition was reset to October.

Less than 5 feet in front of me, Bigleggins flipped off possibly myself and/or the person who was behind me. He tried to hide it from the bailif but failed! Bigleggins also grew out his hair where he previously had the spiked sides. He had a thin cut goatee and about an inch and a half of sideburn. He was wearing typical jailhouse orange. Bigleggins next visit to the courtroom may be in shackles...

Steve

6.23.10 After months of trial delays, Judge Watson tosses out the stolen gun charges against David Gundersen a day before the next scheduled hearing. Defense attorney Russell Clanton filed a motion to dismiss based on the "Kellett" rule which says all offenses that flow from the same act must be charged togther." However, the eariler charges did not include grand theft of weapons from the Trinidad Police Department. *Gundersen had "loaned" the Rio Dell Police Department multiple assault weapons which they had to turn over to authorities when the original case was being investigated. The Times Standard article also refers to Gundersen's health problems (which we have known about for a long time but did not disclose private medical information) as the reason the DA's office did not oppose the motion to dismiss. In our opinion, Darcie Seal should have been charged along with Gundersen rather than given immunity for testimony against Gundersen which she completely recanted on the stand. The County has spent countless resources on this matter with absolutely nothing to show for it other than removing Gundersen from Blue Lake.

5.8.10 People v. David Gundersen Disposition hearing June 21st, 2010 at 2 pm. in Judge Cissna's courtroom 7.

Also I see quite a few Mike Downey for Sheriff Signs popping up around Rio Dell. The Sheriff's department has to quite often do investigative and other work in and around Rio Dell. We need a Sheriff who will give us the attention needed to deal with the criminal activities that appear to fly under the Radar in Rio Dell California. Here is a picture of Mr. Downey.

Mike Downey running for Humboldt County Sheriff Pictured above

People v. David Gundersen trial confirmation hearing March 22nd, 2010 3:00pm The case against the former Blue Lake Police Chief continues while the race for D.A. heats up. District Attorney Paul Gallegos seeks re-election against challenger's Allison Jackson, Paul Hagen and Kathleen Bryson.

Jury Nullification and California

1.6.10 Happy New Year!

DA race begins to take shape Times Standard

11.13.09 The People v. David Ray Gundersen continues in to November now with no preliminary hearing in sight. Questions about the ex Blue Lake Police Chief’s health is a complication in the case that may contribute towards a push for a settlement.  According to the Humboldt County District Attorney Paul Gallegos in his opening statements from Gundersen’s earlier trial; Mr. Gundersen is to be held to the same standard as any other person.  This is the fly in the ointment.  Is it ethically responsible to continue to prosecute a person who was ruined financially in a prior trial, and is now sick dealing with all of the broken pieces of his life and career? The money that he pays his attorney Russell J. Clanton must be coming from his family by now.

Who did David Ray Gundersen hurt?  To me, the answer is that he hurt the trust of people he was sworn to protect;  he stole, he cheated and it involved guns and a silencer. His wife was also a cop and she was doing bad stuff; then there was a custody fight and on and on and on.  This man’s life is already a soap opera of shame, incarceration and financial ruin. 

What does it do for the people of Humboldt County to bring a new trial?  Would it be better if our District Attorney Paul Gallegos just dropped the charges?  What about the next public servant who does what he did?  Has the punishment fit the crime yet?  Of course we want justice.  What about the other people who were around him; are they all innocent angels?  Not bloody likely mate! 
If it’s going to happen, when is the trial?  It seems to be all up in the air due to Mr. Gundersen’s medical issues.  It doesn’t at this point seem likely to happen until after the holidays.

Where is David Ray Gundersen?  Why Orange county of course.  That’s where his mom reportedly lives. 

Where is Darcy Seal?  Who knows. 

More to come…

9.21.09 Case before Judge Timothy Cissna in Courtroom 7.

People v. David Ray Gunderson disposition hearing date has been postponed to October 5th. Representing the ex-Blue Lake Police Chief Russell Clanton had “No Comment” regarding questions we had on the current status of his client.  According to Humboldt County District Attorney Paul Gallegos, the ex-Blue Lake Police Chief is currently living in Orange County.  When asked about the possibility of the charges being dropped, the District Attorney responded with the general criteria for this to happen, such as new evidence, and the likelihood of a conviction based on the facts of the case, etc.  More to come…

Also:

During the regular court session today there was a notable case in which the Honorable Judge Cissna brought up our stressed prison system and the order handed down by a federal court to reduce the inmate population.  A reduced sentence was discussed for a client of the public defender Jonathan McCrone.  “The defendant is an alcoholic and a drug addict who was not getting the help that was ordered.”   Judge Cissna alluded to the inability of the system to enroll the defendant into a treatment plan.   The probation report before the court recommended that the defendant go to state prison due to non-compliance.   The judged stated that contrary to the report, in this case, justice would be better served with the defendant being treated for his addictions outside of the state prison system in which he would get very little help.  The defendant also had a conviction for being a thief on his record and did not have a job.

Here is an article that talks a little bit more about what the courts now have to deal with.

http://www.mercurynews.com/ci_13263139

Steve

8.13.09 Testimony dives into tangled web of drugs and sex in Sanders'case Times-Standard

People vs. David Gundersen Part II

June 11th, 2009

This case still lingers. The next court date is September 21st for a disposition hearing.

Also Judge Cissna's courtroom 7 got some new seat covers for the old metal seats. This is in stark contrast to the plush conditions in courtroom 4. I wonder why that is...

March 13th, 2009

Judge Cissna patiently listened to the blunt statements from David Gundersen’s defense attorney Russell Clanton.  Clanton emphatically states that Mr. Gundersen is “not guilty! .. and we also deny the special allegations.”  While discussing an intervention hearing Clanton declared “no disrespect your Honor, it is pointless. There is no criminal liability for my client and it is just that simple.”  Clanton also mentions that he has notified the District Attorney’s office that there has been an appeal filed on the earlier conviction.

Representing the people, Deputy District Attorney Mary McCarthy stood in for DA Paul Gallegos.  She indicated that Gallegos will be making the decisions on the case, including the intervention hearing.  Note:  the intervention hearing is not open to the public.   The hearing will be March 30th at 3pm.  Judge Cissna ordered Mr Gallegos or the person making the decisions be present at the next hearing.

Other important dates: May 6th at 3pm will be a trial confirmation hearing with the trial starting May 18th.

* The charges revolve around Trinidad Police Chief Kenneth Thrailkill's discovery of missing firearms after receiving information stemming from the earlier case against Gundersen. A submachine gun case was found with a "Property of Trinidad" label at the Blue Lake Police Department. Through Thrailkills' investigation, it is discovered that firearms seized with search warrants dating back to 1999 were traded for other weapons; an MP-5 and a silencer and a .22 pistol. Judge Watson spent a considerable amount of time debating the merits of the case at the preliminary hearing, expressing difficulty in his decision to charge. The defense attorney, Russell Clanton, claimed that the weapons traded were in "legal purgatory" and constituted just "stuff" that is gotten rid of at the discretion of the person in charge of keeping the inventory.

STATE OF CALIFORNIA v. DAVID RAY GUNDERSEN CR0811035

Charges-24 counts of spousal rape, 1 count unlawful possession of a machine gun and 1 count unlawful possession of a handgun with silencer. The misdemeanor charge of possession of a controlled substance without a prescription was dropped (multiple prescription bottles).

Updated! More highlights listed below...

12.10.08 Gundersen appeared before Judge Bruce Watson today to continue to finalize the terms of the probation sentence stemming from his felony and misdemeanor convictions. Gundersen would ordinarily be ineligable for probation; however, "unusual circumstances" exist and he has been granted four years of probation and four hundred hours of community service. The "unusual circumstances" include his clean record, his cooperation with authorities, the fact that his imprisonment would be detrimental to others and that his being on probation poses no danger to the public.

Gundersen was also present to address a felony charge that has been filed regarding his work at the Trinidad Police Department. Russell Clanton was present as Gundersen's defense. A plea of Not Guilty was entered and a time waiver was filed. An intervention hearing will be held on January 7 at 3pm. A preliminary hearing will be held on January 16 at 8:30am. More to come! -Marylynn

GUNDERSEN GETS PROBATION

David Gundersen was sentenced to 4 years of probation today by Judge Watson this afternoon for two felony gun charges stemming from the February 2008 sexual assault investigation. The jury had found Gundersen, the former police chief of both Blue Lake and Trinidad, guilty of 11 counts of battery against his wife, Darcie Seal, as well as guilty on the gun charges and the violation of a court order. The 11 counts of battery were set aside today, as they were based on evidence that had gone beyond the statute of limitation time limit of a year. Due to a clean record and Gundersen's age of 54 years, the Judge declared that "unusual circumstances" allowed Gundersen to be sentenced to probation as opposed to time in prison. On Wednesday, November 26th, Gundersen will return to the courtroom to discuss new charges filed by the District Attorney's Office regarding the theft of public property from the Trinidad Police Department. More to come. -Marylynn

11.21.08 Former Blue Lake Police Chief Gundersen arraignment today!

11.15.08 Recommended Gundersen charges stem back to old investigations Times Standard

11.13.08 Gundersen files motion to toss convictions -Times Standard

11.12.08 Trinidad PD recommends charges against Dave Gundersen - Times Standard article

Recommended charges include; theft, embezzlement and evidence tampering stemming from Gundersen's time as Police Chief in Trinidad. Weapons charges are very similar to those he was recently convicted of from his Blue Lake tenure.

10.28.08 Dave Gundersen under investigation for firearms violations while the Police Chief of Trinidad. Is anyone noticing a pattern here? Firearms violations have already been proven in the earlier trial, federal agents are allegedly still investigating more violations, now Trinidad. It remains to be seen where the course of the investigations may take law enforcement. Rio Dell was in possession of two assault rifles loaned by Gundersen (the loaning of these particular weapons is illegal). Humboldt County is a small community and it is very unlikely that Gundersen's activities haven't been well known for years, fully supported and consistently defended by certain friends. There may be a few people getting nervous about now. The story can be read at the Times Standard.

10.24.08 Former Blue Lake Police Chief, Dave Gundersen, returns to jail after blowing off the sentencing hearing on Wednesday. Judge Bruce Watson was visably angry at the "arrogance" shown by Gundersen who had decided to go down south, to Newport Beach, rather than appear at his hearing. Judge Watson; "I see no reason why you wouldn't come back Tuesday for a court appearance, regardless of a sick mother." Defense attorney Russell Clanton tried to deflect some of the blame by saying that he had been confident that Watson would grant his request for a continuance at the Wednesday hearing. Watson didn't accept that rationale as he pointed out that "it's the court who sets the sentencing" not the attorney's deciding for themselves. Clanton; "he (Gundersen) respects the court, it is not his arrogance, it was a misunderstanding of the circumstances that were going that day...my discussion with Mr. Gundersen was that I didn't believe sentencing was going to go forward." Watson reprimanded the attorney for ignoring the courts authority in setting the schedule and the course of events. Since the Wed. hearing date was set long ago, there was no valid reason for Gundersen to fail to appear.

Judge Watson, "I wonder if it is in fact arrogance and what applies to others doesn't apply to him." The trial of Gundersen made it perfectly clear that the former police chief felt that the laws he had sworn to uphold did not apply to himself. The contempt for the courts authority has come up before, including Gundersen's dismissal of the protective order issued against him. Judge Watson made it clear that there would be no more special treatment for Gundersen. Watson; "I will remand Gundersen at this time" at which the former police chief was led by the arm out of the courtroom by the bailiff. The judge set the bail at $200,000 and reset sentencing for November 21st at 2:00.

Gundersen posted bail within hours of being booked.

10.22.08 Former Blue Lake Police Chief Dave Gundersen fails to show up at hearing

Defense asks for continuance while Gundersen is in Newport Beach. District Attorney Paul Gallegos requested a warrent for Gundersens arrest.

Bench warrant to be issued if Gundersen fails to show up Friday at 2pm for sentencing. The bail on the warrant will be $200,000. The Honorable Judge Bruce Wattson seemed quite annoyed.

Defense attorney Russell Clanton polling jurors in an attempt to claim a mistrial

Newport Beach California - Sunny and 72 degrees today

9.29.08 With bail dropped to $50,000 Gunderson to post bail today!

Former Blue Lake Police Chief David Gunderson found guilty of felony weapons charges, guilty of battery and guilty of violating a court order.  Gunderson was found not guilty of spousal rape with an intoxicant.  Sentencing will be Oct. 22nd at 2:00.

The two felony weapons charges stem from the unlawful possession of the machine gun and the silencer that Gunderson kept in his home. The machine gun was very similar to the guns that Gunderson had “loaned” to the Rio Dell Police Department previously, which was also quite illegal (Rio Dell returned the guns after the charges against Gunderson became public).  There are still two more rape charges that could be filed against Gunderson involving a non-related victim.  There is also an ongoing federal investigation into Gunderson and the Blue Lake Police Department with their exceedingly well stocked arsenal.

Jurors interviewed stated that the problem they had with the rape allegations was the spousal relationship and the uncertainty of the victim, Darcie Seal, over whether she consented or not.  That provided a reasonable doubt in the minds of the jurors for those allegations.  The 11 battery charges resulted from the naked pictures of Seal taken while she was unconscious.  Seal was very clear that she never provided consent for these pictures and she felt extremely violated by them.  The pictures themselves however are not illegal.  It was the “malicious touching” of Seal in order to undress her that rose to the legal level of battery.  The jury did a very good job evaluating a lot of evidence and legal definitions in order to arrive at their decision.  The majority of the time that they were in deliberations revolved around the sex charges.  The jurors I spoke with stated that the gun charges were pretty straight forward.  They had no real disagreement over Gunderson’s guilt for the gun charges.  The violation of the court order stemmed from his contacting Seal from jail after he was clearly advised of the temporary restraining order and its provisions.  As a police chief, he certainly knew that calling Seal was a violation of that order but showed no regard for the courts order.

The jury members stated that the defense’s contention of a “conspiracy” against Gunderson by his ex-wife in order to win custody was not believable.  They did not give any real weight to this theory.  There were credibility issues with Darcie Seal that had to be taken into consideration as well.  The transcripts of the preliminary hearing were excluded from the evidence that the jury could consider as well (there is a significant difference between what evidence the jury is allowed to consider in order to reach a verdict versus the evidence that the general public hears over the course of a trial).

Overall, it was to some degree a testament to the county that the charges were even brought against such an entrenched good ol’ boy of the Humboldt crony network.  As one juror stated, “let this be a warning” to others who abuse their positions of power.  We are hopeful that the federal investigation will shed further light on the alleged abuses of power that have gone on, not only in Blue Lake but throughout the good ol’ boy network.  I hope there are at least a few people getting very very nervous at this point.  We encourage the investigators to follow where ever the trail may lead them as corruption is not isolated to any one particular area. 

-Sharon

9.23.08 Jury Deliberations Continue in the People v. Gunderson. Today the court reporter was brought back in to read back the testimony of Troy Gary who is a veteran investigator for the Humboldt County Sheriff's Department. Gary specializes in crimes that involve rape and has worked with law enforcement for a couple of decades. Deliberations continue tomorrow.

There will be a new security company providing the service at the courthouse but the advanced scanning machines are not yet installed. Until then, the guards will be stationed at the usual tables but they do not carry weapons. We are unsure how that will be providing heightened security. Risk Management has made the decision to prevent after hours or weekend access to the offices in the court house. The deputy district attorney's frequently work on weekends and after hours, they are not happy with the change. Once the scanning machines are installed, the only doors that will be used are the front and back main doors. The side entrances will be closed. Allow extra time to get into the courthouse. The building is still in the process of having category 5 network wire installed on the main floor. There is a lot of work left to do in order to finish the remodeling.

The People v. Gunderson jury is still out. On Thursday, they requested to review the February 8th, 2008 Interview with Humbold County Sheriff investigators. The crystal ball says we may get a decision by Wednesday but we shall see. They have been deliberating half days last week and plan to stay full days starting Monday. There is a lot of information for them to review and they appear to be giving the serious charges the appropriate consideration.

9.17.08

It was all part of a Plan

Defense Closing Arguments centered around Margarett Gundersons and the alleged conspiracy against Gunderson in order to get custody of her children...

9.16.08

"This is a case about abuse.
Its abuse of power, its abuse of privilege
Its also the abuse of the People of Humboldt County."

Humboldt County District Attorney Paul Gallegos, closing statement
Today began with jury instructions and the closing statement by the prosecution. The defense will present their closing argument tomorrow and then the whole matter is handed off to the jury.

Gallegos began his closing arguments by reviewing the protective order prohibiting Gunderson from contacting Seal.  There were multiple violations of this order as demonstrated by several e-mails, phone calls and witnesses.  An example of Gunderson’s correspondence to Seal included “I just talked to my attorney.  God Darcy I wish you had trusted me.”  In a second correspondence to Seal, Gunderson wrote “Gary told me you were going to do something to help my case”  (That is a presumed reference to Humboldt County Sheriff Gary Philp).

"If we can't follow the law, we can't have the moral authority to make others do so."
Gallegos next spoke about direct evidence versus circumstantial evidence.  Circumstantial evidence is to be given the same weight as direct evidence.  Direct evidence included facts presented such as Seal having no access to the weapons kept in the safe at the Gunderson home.  The weapons were not registered with the Department of Justice.  All other weapons were accounted for on an inventory and correctly registered but not these two.  The contract presented for the acquisition of the guns states clearly that Gunderson may not sell or transfer them.  But that is exactly what City Manager Wiley Buck stated they were purchased for. 
Regarding the guns, "If they are so needed, why the cloak and dagger with these weapons?...What if he quit? Is anyone going to know those weapons are gone? Is anybody going to know these weapons are missing?"  "If its not on paper, it doesn't exist."   (This particular quote has been a theme thru-out the trial.  If there is no paper trail for the guns they don’t exist).

Regarding the belief by some that Gunderson is being held to a higher standard,  Gallegos submits that he is not being held to a higher standard but that  "He is held to the same standard as you and I. Do you and I get to possess this kind of weaponry? The answer is No." 
The defense has argued that Seal is the aggressor and dominant partner in this relationship.  Concerning the pornographic photos of Seal, "If she is so dominant, why does he have to wait until she is passed out to take them?"
Regarding the interview provided by Seal, "Sgt. Wayne Hanson has a recorder on the table. If she's joking why does she ask to go off the record for awhile? If it was a joke, what part of the joke was making her cry?"
Gallegos points out the earlier testimony that when Gunderson was confronted by Seal with the rape allegation, the first thing he said was "are you wearing a wire?" No denial was ever offered until the trial.

More...

9.10.08 Defense calls Benedict Tiso to the stand. Mr. Tiso is a 24 year veteran with the FBI and an expert in weapons and tactics. Defense Attorney Russell Clanton asked him if he was familiar with DRMO, a program by the Dept. of Defense to surplus materials, weapons and property to law enforcement? Tiso stated he was familiar with the program. Tiso testified that the weapons cited on the property list for Blue Lake Police were commonly used in law enforcement agencies around the country. The silencer was also commonly used by those that don't want to upset bystanders or disturb other officers with the sounds of gunshot.

DA Paul Gallegos cross examined Tiso about the amount of compensation he was receiving for testifying today for the defense ($150hr, $200hr for court). Gallegos then asked about standard training for the use of the weapons in question. Tiso stated that the department provided training ranging from 3, 4 or 5 days for machine guns. Training would typically involve the discharge of approximately 200 rounds of ammunition. Trainings are also well documented. The issue of documentation regarding the weapons was discussed next.

Gallegos: "Would you expect a weapon to be on a police departments inventory?"

Objection by Clanton which is overruled

Tiso: "Yes"

Tiso went on to state that he didn't believe the guns were required to be registered. Gallegos asked him if he would defer to the opinion of the DOJ witness who had earlier testified they would need to be registered. Tiso said that he would defer to the DOJ expert on what the law is.

Wayne Shaw was called to the stand next. He is an owner of a local electronics business in Fortuna. He had been requested by Blue Lake PD to install gun mounts (electronic mounts) for 2 shotguns and one MP-5 in a Suburban in July of 2004.

Shaw: "That particular one was in the Chiefs Suburban...I installed a console for the radio and stuff. It was set up like a police car."

Nancy Huntzinger was called next (her relationship to the case was unclear).

Clanton: "What did she (Darcy) tell you?"

Huntzinger: "That it wasn't true."

Clanton: "What wasn't true?"

Huntzinger: "What she told law enforcement."

With that, the defense rested its case.

Trial to resume Monday at 9am with closing arguments and jury instructions..

9.10.08 Defense calls Benedict Tiso to the stand. Mr. Tiso is a 24 year veteran with the FBI and an expert in weapons and tactics. Defense Attorney Russell Clanton asked him if he was familiar with DRMO, a program by the Dept. of Defense to surplus materials, weapons and property to law enforcement? Tiso stated he was familiar with the program. Tiso testified that the weapons cited on the property list for Blue Lake Police were commonly used in law enforcement agencies around the country. The silencer was also commonly used by those that don't want to upset bystanders or disturb other officers with the sounds of gunshot.

DA Paul Gallegos cross examined Tiso about the amount of compensation he was receiving for testifying today for the defense ($150hr, $200hr for court). Gallegos then asked about standard training for the use of the weapons in question. Tiso stated that the department provided training ranging from 3, 4 or 5 days for machine guns. Training would typically involve the discharge of approximately 200 rounds of ammunition. Trainings are also well documented. The issue of documentation regarding the weapons was discussed next.

Gallegos: "Would you expect a weapon to be on a police departments inventory?"

Objection by Clanton which is overruled

Tiso: "Yes"

Tiso went on to state that he didn't believe the guns were required to be registered. Gallegos asked him if he would defer to the opinion of the DOJ witness who had earlier testified they would need to be registered. Tiso said that he would defer to the DOJ expert on what the law is.

Wayne Shaw was called to the stand next. He is an owner of a local electronics business in Fortuna. He had been requested by Blue Lake PD to install gun mounts (electronic mounts) for 2 shotguns and one MP-5 in a Suburban in July of 2004.

Shaw: "That particular one was in the Chiefs Suburban...I installed a console for the radio and stuff. It was set up like a police car."

Nancy Huntzinger was called next (her relationship to the case was unclear).

Clanton: "What did she (Darcy) tell you?"

Huntzinger: "That it wasn't true."

Clanton: "What wasn't true?"

Huntzinger: "What she told law enforcement."

With that, the defense rested its case.

Trial to resume Monday at 9am with closing arguments and jury instructions..

9.9.08

Defense attorney, Russell Clanton, calls DA Investigator Wayne Cox to the stand.

The defense resumed their attacks on the alleged victim, Darcy Seal, in an attempt to portray Dave Gunderson, former Police Chief of Blue Lake, as the victim in the marriage. During the questioning, Clanton referred to an investigation Cox had done into possible grand theft committed by Seal while she was a Sargeant at the Blue Lake Police Dept. The grand theft refers to her allowing former brother-in-law Carl Patton to "shop" in the BLPD evidence room and help himself to weapons (later used in the commission of a crime) and marijuana grow lights (used to start a grow operation in Gunderson's rental house).

Clanton: "Did Carl Patton tell you that he did any criminal activity whith Darcy Seal?"

Cox: "He said Darcy let him into the police department to "shop." Once for grow lights and once for weapons."

Clanton: "He grew marijuana in a place that he rented from Mr. Gunderson?"

Cox: "Yes, sir."

The cross-examination of Cox by DA Paul Gallegos brought up an exchange between Cox and Seal in which Cox called Seal a liar.

Cox: "The big issue where I call her a liar was an interview I had with her regarding shake. She had a big issue with me calling her a liar (regarding the shake) and we went round and round with that."

Gallegos: Did you ask her if she ever gave weapons to Carl Patton?"

Cox: "I did. She denied it."

Clanton then called Ruby Seal to the stand. Ruby is Darcy's aunt and a former employee of the Blue Lake Police Department. The majority of the questioning focused on whether Seal treated Gunderson well or was she mean to him (making disparaging comments about his weight and his hair). Ruby felt that Seal was disrespectful to Gunderson and it "made her uncomfortable." She also stated that Seal rarely showed up for work in the last two years and would take Ruby shopping during work hours. Ruby stated that she believed Seal made the decisions in the relationship. Ruby said she had never witnessed Gunderson being abusive to Seal but thought Seal was abusive to Gunderson. Ruby lost her job at BLPD.

Clanton next called former Blue Lake Police Officer Joseph Gerace to the stand. Gerace stated that Seal was his training officer when he started with the department. He also felt that Seal was disrespectful to Gunderson and that it was "unprofessional."

Gerace: "It became clear pretty quick that Seal was dominate in the relationship."

Gerace also stated that he felt Seal couldn't be trusted as she was "very very wishy washy."

The questioning then focused on the automatic weapons that were taken to the local shooting range and used by Gunderson, Seal, Gerace, Gerace's wife and Gunderson's two younger boys. During the cross examination, Gallegos asked about the contention that the day at the shooting range was "training" for the officers.

Gallegos: "Does your wife work for BLPD?"

Gerace: "No"

Gallegos: "When you trained, how many times did you shoot it (the automatic weapon) that day?"

Gerace: "Once that day"

Gallegos: "Did you have any follow-up training on that machine gun?"

Gerace: "No"

...

Gallegos: "Was it strange to you that your wife got the same amount of "training" on that weapon that you did?"

Gerace then said that the training was in case anyone needed to back up the Chief, including his wife. Gerace confirmed that the weapon being shot was in fully automatic mode rather than single shot.

Gerace corrected himself and stated that his wife was not, in fact, there for machine gun training.

Gallegos also established that the BLPD never had 10 officers, which Gunderson had stated on the paperwork to request the automatic weapons ten at a time. Gerace also stated that he was unaware that the BLPD had 30 weapons, including the side arm with a silencer.

Gallegos: "So you were never told that you might have to respond with these weapons to the casino or the school."

Joan Gallegos, wife of DA Gallegos and former family law attorney for Margaret Gunderson, was called to the stand next. She stated that there was no discussion or plan of using the rape allegations or the nude pictures of Seal in the family law case. Once the charges were filed against Gunderson, Joan stopped representing Margaret immediately. Despite being given the opportunity to question his wife under oath, Gallegos had no cross examination questions.

The next witness called was a minor who said that they had lied to investigators.

Judge Watson closed the session for the day and stated that the defense should be able to finish its presentation by the end of this week. Next week will include closing statements and jury instructions, then the case will be in the hands of the jury.

9.8.08 Former Blue Lake Police Chief David Gunderson's attorney, Russell Clanton, recalls Darcy Seal to the stand.

Starting todays testimoney defense attorney Russell Clanton began by having Seal discuss various stresses that she has been under the past couple of years. Quickly the questioning turned to Darcy herself.

Seal acknowledges that she has arguments with her husband both at home and at work where she is “aggressive”.
Clanton:  “Could it be said that you have a mean streak?”
Seal: “Yes”
Clanton:   “Did you argue about Chief Gunderson’s judgment?”
Seal:   “Yes”
Clanton:  “Did you ever disparage him about his physical appearance?”
Seal:  “Yes”
(Seal goes on to discuss how she knew that Gunderson was insecure about his weight and would use this as a method of being mean to him.)
Clanton:  “If you were in an argument do you recall whose feelings would be hurt first?”
Seal:  “Probably him.”
Clanton:  “Were you ever physically abusive?”
Seal:  “I shot him with squirt guns!”

The defense appears to be building a case for Dave being victimized by Seal during their marriage and then by a conspiracy between Seal and Margaret Gunderson.  Clanton’s questioning of Seal attempted to establish an alleged “plan” between the two women to get Dave Gunderson out of the area.

Clanton:  “Did you and Margaret ever form a plan, for lack of a better word, to get Dave out of the area?”
Seal:  “I don’t think we talked about a plan but that’s what it ended up going to.”

Responding to questioning, Seal (a police sergeant herself) stated that she had no idea that Gunderson would be arrested.  She reiterated that she had made up all the allegations and perjured herself in the preliminary hearing.  Seal stated that her earlier allegations were designed to “help Margaret” and get Gunderson out of the area. 

The questions then addressed the issue of the protective order that was granted to Seal.

Seal:  “I hadn’t read it (the protection order) and they didn’t read it to me.”

In response to questions about the District Attorney’s office…
Seal:  “Hislop said that I didn’t have the right to not be a victim and that they were taking it over.”

Clanton then focused on criminal allegations regarding Seal and alleged “threats” made by the District Attorney’s office. 
Seal:  “There were a lot of threats at that time.”
When asked what the threats may have been about…
Seal:  “My son getting me marijuana and trading drugs for guns.”
Clanton:  “These accusations materialized about the time of the preliminary hearing?”
Seal:  “Yes”
Clanton:  “Did they threaten jail or prison?”
Seal:  “Prison”

Clanton then focused on the immunity agreement granted to Seal as a motivator for her making up these allegations about Gunderson.  Clanton asked about Seal letting Carl Patton take marijuana grow lights that had been seized by the Blue Lake Police Department in order to start a grow operation in one of Gunderson’s rental properties.  Seal stated she didn’t remember anything about the grow lights. Seal stated that she felt “backed into a corner” and had to testify falsely against Gunderson or she would go to prison herself.

The questioning then focused on a series of email messages Seal had sent to various people, including the Grand Jury, the State Attorney General’s office and the Times Standard.  Seal stated that she had written the emails because “no one was listening to her.”  She was hoping that another department would step in and Gunderson would get out of jail.

When asked why she didn’t want to testify, Seal responded…
Seal:  “I don’t feel like this is about me.”

Paul Gallegos then cross-examined Seal.  Seal reiterated her earlier testimony that she thought she would not be prosecuted by the DA’s office for her own possible criminal activity if she testified against Gunderson.  During this time she was also in close contact with Gunderson’s defense attorney, Russell Clanton.

When asked about why she emailed Gunderson in Aug. of 2007 and accused him of raping her, Seal stated that she was just “being mean.”
Gallegos:  “Did you say you had been raped because you were under some sort of pressure from my office?”
Seal:  “No, I already answered that.”

Gallegos asked Seal if she knew what a mandated reporter was.
Seal:  “I understand what that means and I worked with many sex crimes.”

Gallegos then asked about a Quit Claim deed that she had wanted Gunderson to sign regarding their home.  It was learned earlier in the trial that Gunderson never put Seal’s name on the deed to the home.  Seal had stated that she believed it was the realtor who made a mistake by “forgetting” to include her name on all of the paperwork that would have been signed by Gunderson at that time.
Gallegos: “So that quit claim deed was never signed?”
Seal:  “No and we lost both of our houses.  Thanks!”
Seal’s demeanor made it clear that she blames the District Attorney’s office for their current legal trouble. 

Seal was dismissed from the stand, subject to recall.

9.3.08 Loaning of Machine Guns to Rio Dell Police by Blue Lake Police Department was Illegal.

Today we concluded the audio taped recordings between Investigator Wayne Cox and Darcy Seal. Seal at no time denied the facts of the case as she had originally testified in the preliminary hearing. Seals life turmoil is evident by her statements regarding the case, divorce, finances, and the overall feeling of helplessness by her seems to progress as time progresses towards the trial.

Turning to the guns we heard testimony from investigator Steve Dunn who is an expert on guns and was the officer in charge of securing the weapons at both the Gunderson home and Blue Lake Police Department. Where there were some 48 registered guns as well as the unregistered MP5 and 25 caliber pistol with silencer. Gunderson falsified paperwork submitted to purchase guns by putting 10 as the number of officers working for Blue Lake PD. The actual number was 4 and that is including both Darcy Seal and Chief Gunderson.

District Attorney Paul Gallegos: "Did you ever see if Mr. Gunderson was a registered firearms dealer?"

Investigator Steve Dunn: "He is not!"

Gallegos tried to enter into evidence Exhibit #14 which was a printout of Chief Gunderson’s Myspace page. Which was objected to by Chief Gunderson’s Attorney Russell Clanton. The bottom of Gunderson’s Myspace page says "Weapons Systems / Sales and Service"

More details of today will be coming ASAP There will be a partial day tomorrow then the defense will start on Monday.

8.29.08 Gunderson not a victim, according to Darcie Seal!

Today's hearing revolved around the taped conversations between the District Attorney's office and Darcie Seal. Excerpts of the tapes can be read here. Court will resume on Tuesday with more of the tapes. Updated with more excerpts from the tapes!

8.29.08 The Honorable Judge W. Bruce Watson:  “The DVD Speaks for itself.  There are a couple of areas that were redacted because they are not relevant to the proceedings...  Mr. Cox will run the recordings and he will identify what is next.”  (Wayne Cox is an investigator for the Humboldt County Sheriff who was in charge of the searches of Chief Gunderson’s home as well as the Blue Lake Police Department.)  “…We will conclude the recordings on Tuesday.”
Investigator Cox:  “ The first tape is 6.10.08 at 9:10 hours.”  (the first tape is very brief, it consisted of him calling Darcie and having her call him back).
Track 2:  Darcie Seal has some brief discussion with investigator Cox over the protective order and what it means.   Seal seems confused about what the order means and its implications.  Cox reminds Seal of an encounter where Seal was with her friend Janet Arnot, following District Attorney Paul Gallegos and investigator Cox outside the courthouse on Fifth Street and tried to approach with some questions.   Cox told her that as he had explained at the time he was unable to speak with her without her attorney, Patrick Griego, present.  Cox also mentioned in the conversation about the interview that Seal and her then attorney had with Cox and Gallegos on the 4th floor of the DA’s office which centered around the topic of the protective order.  Cox states to Darcie “…and you were in favor of the order.”
Seal:  “Except that it is not keeping him from harassing me!”
Cox:  “Is he harassing you?” 
Seal wants to talk off of the record.   Cox explains that it is not possible to do that.  He further details “…how Dave is going to take you fishing” (which is a threat that was allegedly made to Seal).
Darcie: “Nobody knows what Dave has put me thru and what was put in the paper is only the tip of the iceberg”… “ I have no attorney!”
Cox:  “I can’t tell you that what you tell me will stay between us.” … “How has he been harassing you with a court order in place?”
Seal:  “His brother calls me.”
Cox:  “Has he threatened you?”   (There was no response to that question)
Seal continues “You realize he was writing my son.”
Cox:  “I know about that.”
Seal continues to describe how he is so nice in the letters now and is disturbed because “he is treating me like shit for all these years…”

There is some other fragmented discussion about the divorce and Cox again reiterates “Darcie, I can’t give you any legal advice.  The letters to the son would be up to an attorney to decide if it was against the law.”
Cox:  “The letters to (son) are nice, the letters to you are nice.  Can you see why he would try to be nice?”…”1.  I can’t give legal advice and 2.  I can’t know how you feel.  That’s why I said from the first time I talked to you that there is victim witness protection.   …and you said you didn’t want them to help you.”
Seal:  “Everything I say will be in the paper…”
Cox:  “not everything you say will be in the paper.”
Seal:  “The pictures…  I want them destroyed!”  Seal also states that she is very distraught over people coming by her house and taking pictures…
Seal further explains that she is worried that they (the unauthorized and authorized pictures of her) will not be completely removed from the computer hard drives when the equipment is returned to Blue Lake.  She explains that she has heard that it is virtually impossible to erase everything.  Cox explains that everything humanly possible will be done to make sure that the pictures are removed.  Cox tells Seal: “You’re our victim Darcie, it is our job to get justice and protect our victim.  I can’t control what the press reports because it’s a public process.  After a picture of your house came on the news I had a long discussion with the news guy… he agreed and apologized…  I would anticipate when the trial kicks off there will be press… They don’t have to follow my directions..I think they will.”
Seal continues to discuss her concerns about the press and Dave and how she is confused etc.
Cox:  “Dave did bad things to you.”
Seal:  “Yeah.”
Cox:  “That’s why we have laws, he was not supposed to do those things to you.”
Seal continues with fragmented statements about her confusion…
Cox:  “Do you want to come in and talk?”
Seal:  “I don’t want anything else in the paper.”
Cox:  “Was everything you told us the truth?”
Seal:  “I don’t know.  I am confused.”
Cox:  “Did Dave have sex with you against your will?”
Seal:  “I don’t know, my psychologists says … (she was vague about what he actually said). We were having problems because he was abusive verbally and psychologically, because Margaret (Chief Gunderson’s ex-wife)… had a big role in that” (I believe the “that” was the several hour interview with Humboldt County Sheriff’s investigators back on February 8th, 2008 at the McKinleyville substation)  Seal goes on to state that for years Margaret has been filling her head with things…
Seal:  “…said Dave raped me and she just put all these things into my head.”…
Cox:  “I remember that you told me you told him to stop having sex with you…
Seal:  “That’s the thing, when I went in there I was being sarcastic.  I was in no way upset or distraught.  I have seen the video and the last thing he said to me on that day was to get my head out of my ass.”
Seal changed the conversation back to an interview that she had had at the DA’s office with her attorney Michael Crowley.  She was upset about her friend Janet Arnot not being allowed to come in with her for moral support in the interview.  She further states “Michael Crowley was not allowing me to tell the truth.”  She goes on to say “I don’t have any other friends.”  Cox goes on to state once again “We need the truth… There are people out there that think we don’t like Dave and we will do anything to get him.”  Cox again asks Seal, were you forced to have sex against your will? 
Darcie:  “I would never withhold sex…  I didn’t say no.  Me lying there lifeless or crying doesn’t mean it  wasn’t ok…”
Cox:  “In court, when you said at least once a month is that true?”
Seal:  “That was being nice.”
Darcie:  “Are you recording this?”
Cox:  “No”
Darcie:  “Are you telling the truth?”
Cox:  “(chuckle’s) Yes.”
Seal asks what the definition of consent is.
Cox:  “I think consent is in the eyes of the beholder”
…
Seal:  “What I was thinking was how could someone who loved me so much do what he did…”
Cox:  “Was it with your consent?”
Seal:  “I let him do it.”
There was some discussion about how much jail time Chief Gunderson is looking at.
Cox:  “He’s looking at life.”
Seal:  “I don’t like him he’s, he’s a liar, he’s an abuser.”
Cox:  “Is he a rapist in your opinion?”
Seal:  “I don’t know… My expectation is he wouldn’t have sex with me.  How could he have sex with someone who is crying?”
Cox encourages Seal to let witness protection help her.  He says that he will have them contact her today for help. He further explains that the witness protection people are made up of people who were victims themselves.  He compares what they do to drug counselors who used to be drug addicts and that those are the most respected counselors by the addicts because they know where they are coming from. 
Seals conversation turns to questions about Gallegos.
Cox:  “Let me tell you something about Paul.  Paul is blatantly blunt”
…
Cox:  “Dave is responsible for what happened.  Do you know about Stockholm syndrome?” … “Patty Hearst.  The theory of it is the victim becoming sympathetic and responsible for the bad guy.” 
(Seal then talks about the gun charges and what is going on with them)
Regarding the gun charges, Cox:  “To me these are second fiddle to crimes against humans.” 
Cox says that they wouldn’t have filed charges if they didn’t believe that Dave raped her.
Cox:  “There is 100% no way in hell this office would have filed charges if we didn’t believe a crime was committed!”
Seal:  “I am very intimidated by Dave.”
Cox:   “Why?”
Seal:  “Ask Margaret.”
Cox:  “I can’t ask Margaret.”
Seal goes on to say “He didn’t hit me, he let me know how stupid I was, he just has an air about him that is threatening to me.”… “That’s why I am calling; I have to live with whatever happens here.”
Seal goes on to state that Gunderson thinks he has everything beat.  He says that the trial won’t happen on June 30th.  She goes on about how she is isolated
Seal:  “You guys don’t talk to me and Clanton doesn’t talk to me” 
Cox:  “Clanton doesn’t talk to you because he is the bad guys’ attorney.”
The audio was stopped and Gallegos states that the remainder of the call will be played later and that he wanted to go onto a different track before coming back to it.

Next tape 6.10.08

Cox: "[W]as he (Michael Crowley) telling you to lie?"

Seal: "He yelled at me and got in my face...I have to live with whatever happened...I am completely honest."

Cox: "Are you telling me that there is more stuff, crimes or something else because of the newspaper?"

Seal: "I have said that all along."

Cox: "I need you to assure me that you are telling the truth."

...

Seal: "I have a shit load of hard drives and all the bullets..."

Cox:"I would like to see them."

...

Seal: "I am more worried for his mom, if she dies over this."

Next tape 6.14.08

District Attorney Paul Gallegos and Darcie Seal

Gallegos: I really think you should talk to victim witness protection. I do understand how embarrasing and humiliating this thing can be. I can ask for a gag order so that the attorney's can't talk to the press, so...it may not happen because of the 1st amendment."

Seal: "Can I say something now, he has been damaging me for years. I was in counseling for verbal abuse and emotional abuse."

Gallegos: "I am starting to understand Darcie."

Seal: "To tell you the truth, I am supposed to do that in front of every body and the press? Where does that leave me?...He was a jerk, he was an asshole and he treated me like shit"...

...

Seal: "I don't talk to his brother at all now. He told me to drop things or he is going to get an attorney."

Gallegos: "What is your best case scenario with Dave?"

Seal: "He is passive agressive...I have found so much more stuff in the garage. Hard drive's, floopys, small cameras, some that look like thermostats...I want all of those pictures destroyed."

...

Seal: "All those, some are consentual and some look to be consentual but there not...you don't say no to Dave. Why's that? It's hard to understand. He just intimidates me."

...

Gallegos: "First of all and foremost, the important thing is the truth. Were you victimized...that's the thing...the facts you have told us. I am not a perfect person...the facts you have told us are not normal for a man and a wife."

Seal: "I am worried that no matter what, he can get off."

Gallegos: "I will do everything I can to make him accountable for what he has done. He is going to say anything and everything to save his butt. If he raped you...the question isn't whether you said no. It's whether you said yes. A husband and wife, it is not presumed that you said yes. The law recognized that women have power over their body's."

...

Seal: "People blame me for getting the department closed."

Gallegos: "You are not responsible."

Seal: "Dave has been verbally and psychologically abusive for many many years. Now I don't have an attorney so I can say...my only concern is my son. He is my #1. I have having trouble with my renter because of Dave."

Gallegos: "It's going to get worse before it gets better."

...

Gallegos: "Why do you think he is writing your son?"

Seal: "To get to me."

...

References were made to the arrest of Chris Woody for child pornography and his regular contacts and conversations with Dave Gunderson. Seal felt that this relationship was suspicious.

Gallegos: "You found all these small cameras around the house..."

Seal: "He is obsessed with poronography...I know he has pictures of me, what else is he doing?"

8.28.08 Today's testimony started with Diane Wetendorf, an expert witness on domestic violence. Wetendorf spoke of the "wheel of power and control" when decribing domestic violence and the effects on the victim. It is common for victims to recant their testimony and even come to the defense of their abuser. This is part of the psychology of abuse. The violence involves emotional control as well as physical and sexual abuse (The emotional control and demonstration of his power over his wife was demonstrated by Gunderson during the jail visit when he insisted Darcie expose herself). The witness was cross examined by defense attorney Russell Clanton who insisted that Wetendorf is a biased victims advocate who was paid by the prosecution to testify today.

Janet Arnot, a long time friend of Seal's, was called to the stand next. She spoke of Darcie's fear of Gunderson and belief that he would kill her if she ever went against him. After the marriage, Gunderson made Seal break off contact with Arnot. They had not spoken for approximately four years and then reconnected after Gunderson's arrest. Arnot stated that Seal had told former Blue Lake City Manager, Wiley Buck, about the abuse and subsequent harassment but nothing was ever done. During one incident in 2001, Arnot called 911 for help when Gunderson was breaking into the home. Arnot told the operator that the Blue Lake Police Chief was the one breaking in and terrorizing the women and children present. Gunderson then contacted the Duane Rigge at the Sheriff's office himself and asked him to "call his dogs off." There was no police response to the 911 call after that.

Humboldt County Sheriff's Office Investigator Mike Losey was the next witness to the stand. He spoke of the arrest of Gunderson and the subsequent search of the residence and the Blue Lake Police Department. Clanton objected to the introduction of the property receipt given to Wiley Buck that recorded the weapons taken into evidence. Judge Watson has not yet ruled on the introduction of that evidence. Investigator Mike Stoen then testified about the computer evidence that was taken by law enforcement.

Investigator Wayne Cox then testified regarding the interview with Seal . Seal told him, "If he (Gunderson) finds out I am here, I'm in trouble." Cox stated that while in jail Gunderson contacted Seal, which was a violation of the protective order that was in place for her protection. Cox also stated that just the day before, Seal contacted Cox and told him that she wanted to leave town immediately. Cox reminded Seal that she was still subject to recall in the current hearing.

The witnesses expected to testify on Friday, August 29th, include Wiley Buck, Duane Rigge, Steve Dunn and Wayne Cox (who will be resuming his testimony)

8.27.08 The Jury was dismissed for the day today so the court was able to take care of some business. Tomorrow is another day...

8.26.08 Today's testimony began with Margaret Gunderson, former wife of the accused. They were married from 1991 to 2000 and have two sons together. Margaret testified that she believes Gunderson drugged her and then had nonconsensual sex with her during their marriage. She had found wine bottles with a white powdery residue in the bottom, although the residue was never tested. Her prescription sleeping pills, Ambien, were kept in a locked box with only Margaret and Gunderson having access. Pills went missing soon after. She also testified to waking up half naked, from the waist down and no memory of what happened. Margaret stated that she confronted Gunderson about putting the Ambien in the wine that he was then encouraging her to drink. He replied with an accusation that she was wearing a wire, which she denied. He then admitted to lacing the wine, according to Margaret.

The testimony then focused on Darcy Seal. Margaret stated that not long after their marriage she had shared with Darcy what she alleges Gunderson did to her in regards to the drugging and unconsensual sex. Eventually, Darcy admitted to Margaret that he was doing the same thng to her. Darcy told Margaret that she had found pictures of herself on the computer previously. These pictures were taken of her while unconscience and posed provocatively. Darcy asked Margaret if she could try to recover the pictures from the hard drive. Margaret stated that she hadn't wanted to do it at first but then did agree to try and help. Margaret was present at an interview done at the Eureka police station as moral support for Darcy. She stated that Darcy was very upset that Gunderson was being charged and that wasn't what Darcy had wanted to happen. Darcy became more and more hostile towards Margaret and repeatedly stated that she "wasn't ready" for this.

Margaret was cross examined by defense attorney Russell Clanton. His line of questioning initially implied some type of conspiracy between Margaret, the district attorney's office and other law enforcement. Clanton inferred that the animosity between Margaret and Gunderson, revolving around the issue of the divorce settlement and custody, were an underlying cause of these allegations. In regards to Margaret's allegation of being drugged and taken advantage of by Gunderson, Clanton asked why there was no complaint filed. Margaret replied that she wasn't emotionally up to it. Margaret was represented by Joan Gallegos (wife of the district attorney) in the custody case. Clanton questioned whether there was a plan between Joan Gallegos and Margaret to get the indecent pictures of Darcy to use in the custody fight. Margaret testified that there was no such plan. During the redress by Gallegos, Margaret testified that Darcy never asked to leave the interview with law enforcement and at no time did she say anything about her testimony being false. Margaret was excused from the witness stand, subject to recall.

The next witness called to the stand was Michael Crowley, former attorney for Darcy Seal. Darcy had previously testified that she had told her attorney that she had lied about the allegations and that he had yelled at her and told her to keep to her story. Crowley stated that he had met with Darcy prior to the preliminary hearing and had instructed her to tell the truth, speak clearly while on the witness stand, etc. At no time did he, nor would he, tell a client to lie under oath. Clanton cross examined Crowley regarding the immunity agreement that had been reached to protect Darcy from self-incrimination. Clanton asked Crowley if he was aware that there was an investigation at that time into Darcy allowing Carl Patton (I believe he may be her brother) to go "shopping" in the Blue Lake Police Department's evidence room in exchange for marijuana. Crowley stated he was unaware of that specifically.

Former attorney for Darcy, Patrick Griego, then testified about assisting Darcy with the immunity agreement. He stated that it was clearly explained to Darcy that her testimony couldn't be used against her regarding any criminal charges provided it was truthful testimony. False testimony would invalidate the immunity agreement. If any independent evidence showed Darcy was involved in any criminal activities, she could be charged. Griego testified that Darcy was upset over the interview with law enforcemet. She stated she had told the truth but was upset over how the whole thing came about. Prior to this, Griego was familiar with some of the possible criminal charges against Darcy as he had spoken with Clanton, who was representing Carl Patton. Griego was aware of the statment Patton had filed but said Darcy wasn't worried about it. Griego then testified as to Darcy's state of mind during this time frame. He stated that he had spoken to her approximately 100 times during his representation and that she was consistently terrorfied of Gunderson and what he would do to her for testifying against him. She had stated that Gunderson had worked with a gang unit down south and knew people that could make her disappear. She was petrified that she would be killed if she testified.

The final witness of the day was Boyd Lazelle, a bail bondsman and locksmith who is a friend of Gunderson and Darcy. Lazelle had helped open the safes in the Gunderson home during the search and later told Gunderson about the search and what was done. Gallegos asked Lazelle if he had accompanied Darcy to the jail in order to visit Gunderson. Lazelle testified that he had gone with her. He said that during the jail visit Gunderson told Darcy to show her breast, which she did. He then told her to show her butt but she refused. Gunderson got very upset at her for refusing him. Darcy then had an anxiety attack. Gallegos asked Lazelle if Darcy had ever dicussed her relationship with Gunderson. Lazelle stated that she "said he didn't rape her, she said he did engage in unconsensual sex." When asked if he felt Darcy was scared of Gunderson, Lazelle said that she was, "sometimes."

Court was dismissed for the day, scheduled to resume tomorrow.

8.25.08 Darcy Seal finishes up on the stand for now. We learned through her testimony that it was in fact her plastic surgeon who gave her the prescriptions of Lunesta and Klonopin;  her psychiatrist gave her the prescription for the Prozac. Monday morning was filled with the cross examination by defense attorney Russell Clanton. Much of this day’s testimony centered on Ms. Seals’ recantation of the accusations of rape against Blue Lake Police Chief David Gunderson. She claims that she was tricked by the ex wife and the Sheriff's department, etc. She also states that she took 2 Klonopin under her tongue just prior to speaking with Sheriff's investigators. After some re-cross by the District attorney, Ms. Seal was excused from the stand but is subject to recall by both the prosecution and defense.

On board for tuesday is Margarette Gunderson. The Chief's ex wife...

8.15.08 Darcy Seal still on the stand with cross examination by Russell Clanton. Seal answered questions about her employment and early involvement with Dave Gundersen and his then wife Margaret. She stated that she was hired in 1998 by then Police Chief Stokes, Gundersen was the Deputy Chief. Seal stated that she had a good memory about events in 2001 between Gundersen and his wife. According to her testimony, there was an internal investigation involving herself and Chief Gundersen in 2001. Seal had become friends with Margaret Gundersen during this time. In 2001 Seal received a phone call from Margaret stating that Gundersen had "raped" her. Seal stated, "I didn't believe her." The two women spent time together as friends over the next few years. Seal then married Gundersen in 2005. Seal testified that her relationship with Margaret changed at this point as "she was upset about the marriage." After the marriage, Seal began to refuse to work on-call for the police department as she was "burnt out." In 2006, "something happened" that resulted in a trip to the emergency room for Seal and prescriptions for Lunesta, Klonopin and Prozac. She started to have frequent anxiety/panic attacks. Seal testified that the Lunesta had a "light" affect on her and she never told her husband that she was taking medication. Seal also stated that she was taking approximately four times the prescribed dosage of the Klonopin (side effects for an overdose of Klonopin include coma, confusion, sleepiness and slowed reaction time). "I was a mess," according to Seal. Clanton asked Seal if "at any time did you ever have nonconsentual sex under the influence of Lunesta? Seal responded "no."

Seal then stated that she had never consented to having nude photographs taken of herself, only partially nude. The nude photographs of Seal had been recovered off of a hard drive she had delivered to Margaret at the Humboldt County Sheriff's office (where Margaret is employed). Seal testified that she "made sure that the photos were deleted before dropping off the hard drive." Seal then stated that she "didn't trust her (Margaret)." When asked how things got to the point that Seal would say these things about her husband, Seal responded "I don't know." Despite being a trained law enforcement officer, Seal stated that she lied to investigators during the interview and on the witness stand at the preliminary hearing. "I didn't think it was going to go anywhere," explained Seal. Clanton closed today's hearing by asking Seal if she felt Margaret was "using her" to gain custody of their children. Seal agreed that she believed she had been used and that Margaret was awarded custody.

The trial is scheduled to resume Monday, Aug. 25th.

8.14.08 The jury viewed the rest of Exhibit 24, the video tape of Darcy Seal's interview with investigators, as well as more of her testimony. In the video tape, she recieved numerous text messages from Gunderson about her needing to call him immediately. When asked about an Emergency Protective Order, she worried about Dave's safety, the safety of the officers serving it and her safety afterwards. The interviewers told her that they might be arresting Gunderson, to which she replied, "I need to know if that's going to happen", and "I'm not ready for this". Darcy Seal went back on the stand after the tape had been viewed, and DA Paul Gallegos continued with his questioning. He asked her about the interview, about the allegations she made and about her testimony in the preliminary hearing. She replied that she did not recall much of the interview because she was under a lot of stress. Regarding the allegations, she said that she "telling them what they wanted to hear", that she "didn't take it seriously" and that she was angry and just wanted space from both Dave Gunderson and his ex wife Margaret, whom she has accused of manipulation. As for her testimony in the preliminary hearing, she stated that she "felt [she] had to testify to what [she'd] originally said". There were many questions about what her idea of consent was; Darcy told the DA that she didn't feel like she needed to consent, because they were married. She also told him that she and her husband had a previous arrangement, and that she didn't mind not being able to consent to sex because she was under the influence. She repeatedly replied to the DA's questions with statements about how she thought they knew she was joking and that nothing would happen because no one was taking it seriously. Towards the end of today's questioning, DA Gallegos showed Darcy the MP5 and the handgun with a silencer found in their home. She stated did not recognize them. Darcy Seal will be cross examined tomorrow by Defense Attorney Russell Clanton, and then court will recess until the week of August the 25th. -Marylynn

8.13.08 The People vs. Blue Lake Police Chief David Ray Gundersen. Darcy Seal, wife of Gundersen, took the stand today. Defense attorney Russell Clanton objected to the submission of the exhibits which he based on Evidence Code 352. Noting the objection, the Honorable Judge Watson allowed the questioning by District Attorney Paul Gallegos of Seal to proceed. Seal, a hostile witness for the prosecution, dismissed her prior allegations of rape, abuse and false imprisonment as lies that she had written in e-mails and told to investigators. Seals responses to questioning were vague and confused, if not outright evasive. Seal was shown a picture she had taken of a computer screen that allegedly contained a compromising photo of her on it. Seal would not say that the picture accurately reflected what she saw on the computer screen when she took it. There was little recollection by Seal of the exhibits as they were presented to her, which included several e-mail correspondences with Gundersen as well as the photos that were entered into evidence earlier. (Note: much of this evidence was objected to by Defense Attorney Clanton based on Evidence Code 352. “The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury”).

Notable Quotes: (Referring to e-mails that were sent to Blue Lake Police Chief David Ray Gundersen)

Darcy Seal: “Where is the allegation?”

District Attorney Paul Gallegos: “Fifth line up”… “Do you recall in the e-mail calling him a rapist?”

Darcy Seal: “I don’t recall it and I was angry when I wrote it.”

District Attorney Paul Gallegos: “Has your husband ever had sex with you against your will?”

Darcy Seal: “No!”

In further testimony by Seal regarding an hour and a half video taken by investigators for the Humboldt County Sheriff, Seal said “I was being sarcastic!” “I was under duress!” Further statements on the witness stand by Seal included; “after investigators told me that he was homicidal and suicidal” “that’s why I said what I said” “I responded because Margaret asked me to, I didn’t know that I was being recorded. I was being sarcastic.” “I have said that all along.” “I didn’t take it seriously, Margaret sent me there and I was just talking to her friends…” (Note: Seal is a trained police sergeant with the Blue Lake Police Dept.)

The video of Seals interview was presented which contradicted Seals testimony on the stand. More on this soon.

Seal retakes the stand tomorrow to complete her testimony.

Steve

8.12.08 People vs. Blue Lake Police Chief David Ray Gunderson. Published into evidence today were two pictures that were pulled off of the defendent's hard drive. District Attorney investigator Richard Grimm was able to confirm the victim's identity in Exhibit 9a because of her identifying tattoo, and the victim's face could be seen in Exhibit 8a. These photographs were both nude photographs of the victim, Darcy Seal 1, that were taken without her knowledge or consent. E-mail correspondence between the victim and Chief Gunderson was also submitted as Exhibits 6 and 7. DA Investigator Mike Hislop testified regarding the search warrant issued on Gunderson's home and the Blue Lake Police Department. In Gunderson's home locked in a safe the detectives found a Mark 23 .45 calibur handgun with a silencer and an MP5 Machine gun. The police department's ledger and some receipts were admitted into evidence in an attempt to discover whether the weapons were obtained legally and whether they were obtained for the Police Department or for personal use. The defense, represented by Russell Clanton, was trying to prove that the guns could have been traded for through a surplus weapons program called DRMO when court was adjourned for the day. The case will continue tomorrow at 8:30am again. -Marylynn

8.11.08 Opening arguments today in trial of Blue Lake Police Chief David Ray Gunderson. Brought into evidence was one computer hard drive said to contain explicit unauthorized photos of Darcy Seal, who is the Blue Lake Police Chief's wife. We will bring updates to this case online as time allows. There are about 3 weeks of witnesses for the prosecution according to District Attorney Paul Gallegos. The case continues tomorrow at 8:30am. Steve

8.6.08 The Jury is picked! Blue Lake Police Chief David Ray Gunderson trial is set to start Monday at 9am with opening arguments. The Jury consists of 7 women and 5 men, with the Honorable Judge Bruce Watson presiding.

1.11.08 "Appeal court upholds dismissal of fraud suit against PALCO" - Eureka Reporter

also

Gallegos unlikely to appeal fraud decision - Times - Standard

12.22.07 New Word: Contumacious Conduct - The willful disobedience of the courts direction, order or summons or any other disrespectful or disruptive conduct that would justify a finding of contempt. Synonyms insubordinate, disobedient, abstinent, rebellious

12.15.07 Cheri Lyn Moore The saga continues...

People vs. Retired Eureka Police Chief David Douglas and EPD Lt. Tony Zanotti ? We may findout February 21st 2008.

Gallegos to handle police prosecution - Times-Standard

Officers may be tried together - Eureka Reporter

10.27.07  Johnny Randall Jr.  Updated

10.23.07 Has it been 2 months wow!  It's always busy for us this time of year with school.  Our youngest son Craig wants to trick or treating as unfrozen caveman lawyer this year.  We have some preliminary hearings we have been watching recently as well as a recent trial.  If you are going to be going to trial for any reason. I think it is probably a good idea to come and watch the process.  Instead of being a victim of it.  Court proceedings are public.  Just as City Council meetings are.  Also there is a law library at the courthouse with a couple of really great librarians.  There are some really good books, and you have access to Lexis Nexus for research.  There are some cases we are following and should have some updates soon.  -Steve :-)

8.20.07  Thanks to Paul Gallegos for providing an opportunity for Eureka High School Senior Richard Wolff (yes, he's our son)  to shadow him for a little while today and see the inner workings of the District Attorney's office.  It was an enlightening glimpse into the day-to-day work performed in this department.  The DA's office  receives referrals from 14 different departments and their resources are stretched to the limits.  Richard met a number of hard working attorney's and staff members who were generous with their time, especially considering the workload they operate under.  Thanks again.   -Sharon

Sentencing for Thomas Arthur Applegate to be held tomorrow at 2:00pm  We will post the outcome as soon as possible.  Our best to the Church family, as always.  We hope the sentencing will provide some closure for you all.

8.28.07  People vs Johnny Edward Randall Jr. 

Deputy District Attorney Allan Dollison represents the People.  Public Defense Attorney Blair Angus represents the Defendant.  Tomorrow starts the selection of jurors for a case in which excessive force is alleged by defendant who was tazered 3 times during an arrest.  Humboldt County Sheriff's Department and the Hoopa Tribal Police were involved in his apprehension.  A Sheriff's ankle was broken during the arrest.  The trial is expected to last for 2 weeks.   

8.21.07 Thomas Arthur Applegate sentenced - 72 years to Life

for the murder of Joey Patrick Church and the attempted murder of Ross Condemi.  Public Defender Kevin Robinson made a surprise motion for a retrial due to a Times-Standard article involving prosecution witness Dr. Soper, as well as Robinson's belief that the evidence did not support the verdict.   Judge John Feeney's comparative review of the information found that the comments by Dr. Soper would not have had any bearing on the final jury decision and the verdict was supported by the evidence, therefore the verdict was upheld.  More...

8.16.07

Thanks to all the people who have come forward to talk with us about the case.  It seems the blogs are full of unhappy campers over a deal being cut with Richard Kesser.  Once again we are stunned by our court system here! 

Times-Standard:  Kesser cuts deal in murder case

Also:  Sentencing for Thomas Arthur Applegate is next Tuesday, the 21st, at 2pm in Courtroom 8 for the brutal murder of Joey Patrick Church, and attempted murder of Ross Condemi.  Recall that  Public Defender Kevin Robinson was able to get a hung Jury on the charge of Murder in the 1st degree.  One juror against 1st degree vs.  the eleven jurors for 1st degree murder. The jury did find Thomas Arthur Applegate guilty of murder in the second degree. 

The sanity phase of the trial included days of testimony by psychiatrist Dr. Samuel Benson and William D. Pierce, Clinical Psychologist. In their respective testimonies on Thomas Arthur Applegate's brain, meth induced psychosis, frontal lobe damage, brain scalloping and other alleged disorders were discussed.  With the help of DA Paul Gallego's defense, the jury concluded that Thomas Arthur Applegate was indeed sane at the time of the crime.

You can find our court notes and future writings about this case < here >

8.15.07

A deal has been made!

Murder of Mary Kesser:  Richard Craig Kesser agrees to be questioned by the court and waive a jury trial in exchange for dropping the special allegation charge of premeditation.  Richard Kesser will have to take a polygraph test in which it must show that he is being truthful with his testimony to the court.  Upon completion of this as well as his testimony in the Jennifer Leahy trial, he will have his murder one charge reduced to murder in the second degree, in which case he is looking at a 15 year to life sentence vs. the 25 years to life for 1st degree Murder.  Richard Craig Kesser smiled big for the Times-Standard camera on his way to the courtroom  just as he has thru-out the public proceedings...

Also:  August 7th, 2007 Rio Dell City Council Meeting now online!

8.14.07

People vs.  Richard Kesser Starts today!

Over 200 pieces of evidence was sorted  yesterday by both defense and prosecution for admission into what will be an expensive and lengthy do over for Mr. Kesser.  Richard Kesser was convicted in the conspiracy and murder of his ex-wife.  His conviction was overturned on appeal and here we are with another trial.   Mr. Kesser is represented by Conflict Council Glenn Brown.  The people are represented by District Attorney Paul Gallegos.   Presiding Honorable Judge Dale Reinholtson.

Also the upcoming animal abuse case is in Trinity county not Humboldt county as was reported in the other local news.   Steve :-)

Stay tuned for more on this trial

1st Amended Complaint Rio Dell.pdf

• Directory

• Famous Supreme Court Cases
• Glossary
• Links

Created April 9th, 2007

Welcome to our new area.  Steve :-)