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Created April 9th, 2007 Welcome to our new area. Steve :-) |
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8.9.07 A little catch up: People vs. Heiko Forster - Sentenced last Friday 8.3.07 . Despite the strong objections by Deputy District Attorney Arnold Klein, Heiko Forster was given a Prop. 36 sentence. INS is intending to take Mr. Forster into custody for a deportation hearing down in San Francisco upon release. Deputy DA Klein was very insistent that Mr. Forster should not be eligible for Prop. 36, which is a drug rehab program, due to the INS hold. He instead suggested that Judge Watson send Mr. Forster to state prison for 3 years, "which is what he deserves" stated Klein. Judge Bruce Watson states that what immigration does is independent of what we do. Public Defense attorney Jonathan Macrone argues that the defendant was not convicted as a dealer and the DA couldn't find anything that would preclude the court from being able to give the Prop. 36 sentence. It is likely that Mr. Forster will be deported to Germany and will not make it into Prop. 36 program. On the slim chance that he does not become deported. it would then be likely that Heiko Forster could complete a Prop. 36 program and be released on 4 years probation. Should Mr. Forster be deported, Deputy DA Klein asks that Heiko not be allowed to return to the country without the valid consent of the US government. Note: The scene of the crime included 5 people, some 8 grams of heroin, cocaine base, syringes (some containing heroin ready for use) and other contraband having to do with possession and possible sales of drugs. Public defender Jonathan Macrone convinced 3 of the 12 jurors that Heiko Forster was not, in fact, a drug dealer. Merely someone who was not bright enough to get away from the mirror and the drugs when the police knocked, waited 15 seconds and knocked again before entering the small apartment. The 15 seconds and second knock before entering was testified to by a police officer on the stand and was not mentioned in the original police report. Steve :-) 7.23.07 People vs. Johnny Randall Jr. - The People were represented by Deputy D.A. Allan Dollison. The Defense, represented by public defender Blair Angus, asked for a continuance before a jury trial so that she would be able to properly investigate the possibility of excessive force in the apprehension of Mr. Randall by the Humboldt County Sheriff's Department. According to Ms. Angus, she had requested photographs documenting the alleged abuse as early as March 13th. On July 19th, the People stated that they didn't believe such photographs existed, and then the next day she got photocopies of the pictures along with an e-mail correspondence from the People involving a Sheriff department investigation about the use of excessive force. Ms. Angus requested the continuance in order to have a sufficient amount of time to determine whether the injuries in the photographs prove this, saying the basis was on 'late discovery' even though she had been working hard to follow the time frame. Mr. Dollison, speaking on behalf of the People, stated that the photos were not mentioned in the reports, but that he had heard about them from a bailiff. Upon his investigation, he discovered their existence and immediately turned them over to the Defense. He stated that it did appear that the Defendant, Johnny Randall Jr., had been tazored and injured. The continuance was granted, and the next court date was set to be Monday, August 27th, at 8:30am. -Marylynn 7.18.07 More actions: People vs Starritt also tomorrow will be a change of the sentencing date for The People vs. Thomas Arthur Applegate. 7.12.07
Honorable Judge Dale A Reinholtsen Court 2
7.3.07 Honorable Judge Bruce Watson presiding. The People represented by District Attorney Arnold Klein vs. Heiko Forster represented by Public Defender Jonathan McCrone. The Jury is in! Count 1 Possession of Heroin with intent to distribute. A violation of the health and safety code. Hung Jury. Count 2 Possession of heroin. Hung Jury. We are told by jurors afterwards that it was split 9 for guilty, 3 for not guilty. On the first 2 counts. Count 3 possession of cocaine base. Guilty!. Count 4 illegal possession of syringes. Not Guilty. Heiko Forster, father of 3 children born in America, will likely be deported back to Germany after completing his sentence. Fact File:
Also see: http://www.nida.nih.gov/Infofacts/heroin.html More to come...
7.2.07 People vs.Heiko Forster continues in Courtroom 1, the Honorable Judge Bruce Watson presiding Peoples Attorney: Arnold Klein Public Defender: Jonathan McCrone Deliberation continues. I am told by one of the sheriffs who was there during the raid that Heiko Forster has a picture of himself on the refrigerator out of a news paper article. The picture was from a previous time he was picked up on the street. If he is convicted for the felony counts he will be deported back to Germany after serving his sentence. About 8 grams of Heroin, cocaine base, needles, and other paraphernalia were available for the jury to look at in their deliberations. Public Defender Jonathan McCrone did not call any witnesses and is relying on the evidence presented as well as his opening and closing arguments. District Attorney Arnold Klein relies on many witnesses, including a felon associate of Heiko Forster. More to come... 6.29.07 Courtroom 1 Honorable Judge Bruce Watson. The jury has had testimony read back a couple of times, adjourned at noon today, and will continue deliberation Monday. We will get all the details soon. Stay tuned! 6.26.07 Courtroom 1 Honorable Judge Bruce Watson Prosecuting Attorney Arnold Klein to perspective jurors: "We don't want you to use so much common sense that your brains fall out of the side of your head." And so goes the selection process and the selection of jurors for our latest case involving a young man, heroin, and cocaine base.
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