Court

Sentencing

Thomas Arthur Applegate

8.21.07 The Defense made a motion right before the sentencing for a new trial.

Reasoning: -Bias of Dr. Soper, a psychiatrist used as a witness

-Jury verdict was contrary to evidence and law

District Attorney Paul Gallegos said that he "was not informed that it [the motion] would be filed", and stated that a lot of members of the Church family as well as others tied to the case had traveled long distances to be in court today.

Judge John Feeney stated that the motion has to be considered before sentencing can happen.

Kevin Robinson, the Public Defender, said that he had discussed filing the motion previously with Mr. Gallegos. He said that due to an article in the local Eureka Times-Standard on Dr. Robert Soper, a psychiatrist who had testified in the sanity phase of Applegate's trial, he had reason to believe that information might have been withheld out of bias. Since the article was so recent, Mr. Robinson was not able to give the proper ten days' notice. He mentioned having to go through the insanity phase again at least, and was willing to take statements at the time from any family member who would not be able to make it back to testify later.

Paul Gallegos reminded the court that it had already heard the trial once. He said that Dr. Soper's testimony was based on a multitude of factors, and that there was an abundance of evidence supporting his decision. Mr. Gallegos then stated that "the motion for retrial should be denied".

Kevin Robinson reiterated his thoughts that Dr. Soper talked about things in the newspaper article that were not provided in his testimony or in the course of the trial, and that he might have withheld information due to bias.

After both sides submitted, Judge John Feeney said that he found through the course of the trial and his own independent review that evidence did sustain the verdict and that Thomas Arthur Applegate was sane at the time of the murder and attempted murder. As for the article in the local newspaper, Judge Feeney did not see how it showed bias or prejudice. For this motion, he did not find a new trial probable and therefore denied it.

Judge Feeney had read the probation officer's report and it had been available since July 18th, so he ordered that it be filed. Thomas Arthur Applegate's tentative sentence was:

Count 1 - Second Degree Murder of Joey Patrick Church - 15 years to life

Firearms Enhancement - 25 years to life

Count 2 - Attempted Murder of Ross Condemi - 7 years

Firearms Enhancement, caused great bodily injury - 25 years to life

Kevin Robinson, upon hearing that the two firearms enhancement terms of twenty-five years to life would be separate, requested that they be concurrent. He stated that what happened was unexplainable, and was a 'single bizarre accident'. Because of this, he thought that a single term would be appropriate.

At this point, members of the Joey Church's family and good family friends got up and spoke before the final sentence was announced. They brought up how close the Church family has always been, how Joey's children will never have a father, and how justice should be served.

After statements had been made, Judge John Feeney declined to run the sentences concurrently and kept the tentative sentence as listed above, bringing it to 72 years to life. A $10,000 fine was also ordered to be paid, and the time that Thomas Applegate has already served was discussed. It wasn't clear how many days exactly he had already served, and in order to clear things up with San Luis Obispo they have scheduled a sentencing clarification hearing for Tuesday, August 28th at 2pm. Applegate is in local custody until then. Marylynn

Quick fact: School ran an extra week in Bridgeville California this year because of the days it was closed for snow. Scotia had no snow days.

6.22.07 Jury finds Thomas Arthur Applegate sane at the time he murdered Joey Patrick Church and attempted to kill Ross Condemi of Bridgeville California. Sentencing is tentatively scheduled for July 19th. I will be writing soon about the closing arguments of both District Attorney Paul Gallegos and Public Defender Kevin Robinson, both of which did a fine job in my honest opinion. I will also be doing a summary some time after final sentencing of Thomas Arthur Applegate.

Joey Patrick Church lives on thru his 3 children, his sister, his mother, his father and all the people who knew him. We wish the best for Joey Church's family. They are good people and make the world a better place. Steve

6.21.07 People vs. Thomas Arthur Applegate:

The defense attorney for Thomas Arthur Applegate; Public Defender Kevin Robinson and the Prosecution, District Attorney Paul Gallegos rested today. Closing arguments are scheduled for tomorrow at 9 am. I will be completing 6.20.07, today's testimony, and what we hear in Fridays closing arguments ASAP. Steve :-)

6.20.07 Defense witness Psychiatrist Dr Samuel Benson, PhD. Returns for cross examination by District Attorney Paul Gallegos.

District Attorney Paul Gallegos: Since the accident, Mr. Applegate suffered cognitive problems, could not read. Is it your statement that he could not read?

Dr. Benson: When I was talking to him about his reading, he could not read novels like he had before. He had to read more simply. (Diminished comprehension) What I was looking for was his ability to read

District Attorney Paul Gallegos: So you don't know what his reading abilities were before the accident?

Dr. Benson: No.

District Attorney Paul Gallegos: You just concluded that Mr. Applegate could not read without any knowledge or any testing of his reading ability?

Dr. Benson was short on explaining fully what Mr. Applegate's reading abilities were other than he believed that Mr. Applegate had some comprehension problems he believes may have been exacerbated by the oil refinery explosion that he was in. Dr. Benson describes problems with Thomas Applegate's "Executive Function" which seems to relate to his attention deficits.

District Attorney Paul Gallegos: Are you familiar with the term "Malingering?"

We are told by Dr Benson that he does not believe that Mr. Applegate is malingering aka lying. The exposure to inmates is good to find if he is giving the truth.

Dr. Benson: People who are malingering are not just emphasizing an issue, it is a pattern?

Nearly the whole morning was testimony regarding malingering and various maladies that are described by Dr. Benson. Dr. Benson had spoken with Thomas Applegate's family, analyzed several doctors reports, and described in detail different cognitive tests that had been given to Mr. Applegate. One test was to have Mr. Applegate draw pentagons that were displayed to him on cards. The drawings looked like houses which according to Dr. Benson could represent organicity in Mr. Applegate's brain.

District Attorney Paul Gallegos hammered away at Dr. Bensons conclusions with some of the facts that we know from testimony. For example, telling the children to leave the room before murdering Joey Church and trying to kill Ross Condemi.

Mr. Gallegos: "Doesn't it seem to you that Thomas Applegate asking the children to leave the room was an act of consciousness?" Dr. Benson did not really seem to answer the question.

Dr. Benson: "I believe the explosion caused brain damage. The meth gave psychosis to a damaged brain. I think he is recovered from the psychosis caused by meth."

District Attorney Paul Gallegos: "If Mr. Applegate told his boss and Laroni Osborne (his girlfriend) that he was going to go to Mexico for 4 days would that indicate some sort of planning?"

Dr. Benson: "I don't know about that."

District Attorney Paul Gallegos: "What is the criteria for borderline personality?"

Dr. Benson: "An individual who at times has trouble testing reality, has problems in general dealing with people on a daily basis. He was confused and psychotic from the very beginning."

District Attorney Paul Gallegos: "Other than the murder of Joey Church etc. He hid the bullet shells at Mr. Osborn's house. Would that mean that he believed what he did was wrong?"

Dr Benson: "It's possible."

District Attorney Paul Gallegos rests.

Public Defender Kevin Robinson's redirect was short.

Note: I learned quite a bit watching Dr. Benson work on the stand. He had an experienced comfort in his testimony. He obviously knew the facts that he had, and how to present them. He had a definite advantage in his many years of experience. He also was quite familiar with somewhat new technology, the scientifically accepted SPEC scan that scans the blood flow patterns of the brain. The pictures of Thomas Applegate's brain did show us a human brain that was covered in damage from the use of methamphetamine. Though there is some damage to Thomas Applegate's brain, that may or may not have been caused by the oil refinery explosion or other environmental abuses (he also drank a lot of beer for most of his adult life and was a regular pot smoker). I don't think a reasonable person can ignore that if you took away the methamphetamines from the equation you would not have the psychotic behaviors. That lead to this horrible situation. I think that there are many unanswered questions in this case that only Mr. Applegate and the people around him know the answers to.

Jury Questions asked by Public Defender Kevin Robinson

Question from Juror #7: Did Thomas Applegate ever say that he had voices tell him what to do?

Dr. Benson: "Yes"

Question from Juror #4: How much meth did he use the entire period before 2003?

Dr. Benson: "He used for approximately 10 years almost on a daily basis"

Questions: Does scalloping improve with time?

Dr. Benson: "I think so but I don't really know"

...

Public Defender Kevin Robinson : Defense rests!

District Attorney Paul Gallegos recalls his witness, Richard Harold, who was Thomas Applegate's employer up until a couple days before the murder of Joey Church and attempted murder of Ross Condemi.

District Attorney Paul Gallegos: "How do you know Mr. Applegate?"

Mr. Harold: "He worked for me"

District Attorney Paul Gallegos: "Did you work closely with Mr. Applegate?"

Mr. Harold: "Yes"

District Attorney Paul Gallegos: "How long?"

Mr. Harold: "6 hours a day"

District Attorney Paul Gallegos: "When Mr. Applegate worked for you did he ever have trouble remembering?"

Mr. Harold: "No"

District Attorney Paul Gallegos: "Slow thought process?"

Mr. Harold: "No"

District Attorney Paul Gallegos: "Did your clientele ever have any trouble with interacting with Mr. Applegate?"

Mr. Harold: "No"

District Attorney Paul Gallegos: "Did he ever have headaches?"

Mr. Harold: "No"

District Attorney Paul Gallegos: "Did he ever complain about insomnia?"

Mr. Harold: "No"

District Attorney Paul Gallegos: "Did he ever have any trouble with cognitive authority?"

Mr. Harold: "No"

...

Public Defender Kevin Robinson: "I don't have any questions"

Juror #7 question: You testified that you allowed Thomas Applegate time off to go to Mexico. Would you have given it to go up north?

Mr. Harold: "Yes"

Mr. Harold was excused. The last several minutes of the day was with the People's witness Dr Robert E. Soper MD.

More to come...

******************************

6.19.07 People vs. Thomas Arthur Applegate:

Before I talk about today's proceedings, I need to finish up with the tape evidence that was played for the Jury yesterday following much of Dr. Pierce's testimony. Dr. Pierce was also present for the playing of the tape. The jury, alternates, Judge John Feeney, and both sides' attorneys were given a transcript to read along. The tape was a police recording taken of an interrogation of Thomas Arthur Applegate following an arrest for attacking a woman with a pipe. This attack by Mr. Applegate occurred after the murder of Joey Church, and the attempted murder of Ross Condemi. Of course the San Luis Obispo police officers had no knowledge of what had occurred the day before in Bridgeville.

The tape was of low quality, but you could clearly see Thomas Arthur Applegate. His demeanor was such that he seemed very distraught, and was standing and fidgeting with his hands. Officers attempted to get him to listen to his rights being read so that they were able to question him. All the while Mr. Applegate seemed to know that he was in trouble, but for some reason did not confess to know what it was while being questioned. On the surface at least Mr. Applegate seemed confused, and worried. He was apologetic, and seemed to know that he had attacked a woman who he did not know. His statements were confused, and made little sense. He did not know why he attacked her he tells police. He liked her soft skin. He talked about hearing voices sometimes, and medicine that he took that he had gotten from some Mexicans. His head hurts. He looks confused and keeps claiming he doesn't know what's going on and he is dizzy. He didn't sit down at all when the cops asked him to sit down. He was cooperative.

Thomas Arthur Applegate: "I can't understand what you're saying a lot. I am confused, and I don't understand. I have a hard time communicating with people. (Pause) My medication helps sometimes. My stomach hurts...I am lost. There is this stuff I have been taking to keep me motivated."

Later on he talks about medications, uppers, tripping out, voices, his Ukiah friends, and prescriptions.

Detectives: What would cause you to get in this sort of trouble?

Mr. Applegate: Voices maybe. I hear a lot of voices. They go away sometimes, and sometimes they come back.

etc.

Dr Pierce when questioned by Public Defender Kevin Robinson over the video

Dr Pierce: "He was having auditory hallucinations." "That is psychotic!"

Now on to the 6.19.07 Testimony.

Today Defense Attorney Kevin Robinson calls "Dr. Samuel George Benson." Mr. Benson was another distinguished older professional in the field of Psychiatry. His credentials are many, including his currently working at John Muller hospital in the Walnut Creek area. He tells us that most of his patients come from physician referrals, "I go to a series to evaluate them then recommend treatment based on diagnosis." A few years ago he was hired by the Department of Justice to bring in outside help to come in to diagnose and treat inmates (from the private sector). We are told that there are 100 physicians working in the Department of Corrections.

After hearing several more professional qualifications District Attorney Paul Gallegos defers to the doctors qualifications.

Public Defender Kevin Robinson: In this particular case do you know Thomas Applegate

Dr. Benson: Yes I was referred because there were some findings...

Dr. Benson: Psychologists are scientists, teachers, things that have to do with brain function and how well it works. That are very helpful to psychiatrists in evaluating the testing that they do.

Mr. Robinson: What steps to make yourself acquainted with Mr. Applegate?

Dr. Benson: I was given a letter that explained what Mr.. Applegate was doing. I received medical reports, discovery, police reports, materials from San Luis Obispo and Humboldt County.

we rehear the same story told again about Mr. Applegate wanting to look at some property that he saw for sale on the TV with his friend Richard Osborne.

Mr. Robinson: What did you find with Dr. Pierces findings?

Dr. Benson: We saw a lot of patients together, he did a lot of testing for me as well as other staff he mentioned "Soft signs of Organisity," it alerts you that you should be looking at things because there is probably something there. "He had lost his executive function" = Knowing you are coming to similar conclusions in normal situations, like reading a novel or watching a movie and comprehending it in a normal way.

When Dr. Benson started talking about the claim by Thomas Applegate about being blown 300 feet. There was an objection by District Attorney Paul Gallegos. After conferring for a moment with Judge John Feeney we continue with the objection sustained.

Attorney Kevin Robinson: Explosion cause

Dr. Benson: Well I didn't believe he could have been blown 300 feet... before the test was ordered I was able to confirm some findings of my own.

Mr. Robinson: Which were

Dr. Benson: Problems with his Executive function, Post Traumatic Stress Disorder, and Post Concussive syndrome.

Mr. Robinson Explain the difference between Post Traumatic Stress Syndrome and Post Concussive Syndrome.

What struck me about this particular witness was his ease in navigating his recollections of the details, and about his own testimony. Dr. Benson gave us some impromptu lessons about different types of testing equipment... More to come....... Steve :-)

6.18.07 People vs. Thomas Arthur Applegate:

Sanity Phase. Witness testimony from William D. Pierce clinical psychologist since 1967. He has a long list of credentials Bachelors of Psychology in 1962, Masters 1963-67. Dr Pierce was licensed in 1969 and began practice in 1969. Interned in Napa State Hospital. Ran a private practice for 10 years in forensics. Dr. Pierce has also consulted and testified on many cases. He has served as a crisis intervention contact for San Francisco police in shootings cases etc. Certainly a very experienced professional.

Dr. Pierce did a psychological evaluation of Thomas Arthur Applegate back in March, 2005.

Public Defender Kevin Robinson: "What does a clinical psychologist do?"

Dr. Pierce: "Act as a consultant to an attorney to decide if any mental health issues were involved."

Dr. Pierce proceeded to tell us of various testing that was used to determine the brain functioning of Thomas Applegate.

Dr. Pierce stated; His response to discussion was slow at times. I wasn't sure if he understood the topic of discussion. I became concerned that there may be something other than methamphetamine induced. After I heard about the explosion in Kern County I became concerned. I decided to give Mr. Applegate a battery of psychological tests.

Public Defender Kevin Robinson: Such as..

Dr. Pierce: concentration tests, long term and short term memory tests. Tests with colored blocks which Mr. Applegate was asked to organize. On this test there are two ways to sort the blocks, by color and by shape. First he did it by shape, I asked him again, and he did it by color. I asked him again and he thought there might be some other way.

Dr. Pierce goes on to describe more tests including what is described as a psychomotor coordination or "Bender test." According to Dr. Pierces testimony we learn that this test dates back to the 30's and is commonly used. It seems that Mr. Applegate is shown a card then is to write down the image. This test is a test to determine fine motor skills. An example given is young children draw a dash instead of a dot over the letter i. We are told by Dr. Pierce that some of Mr. Applegate's drawings have a dog eared effect where the corners are. His drawings are passed around so that the jury can view them. Dr. Pierce explains that lack of improvement on the psychomotor test that was repeated 3 times shows a problem.

It is asserted by Dr. William Pierce that an explosion that Thomas Arthur Applegate was in while working in an oil field caused some brain damage that was exacerbated by the use of methamphetamine. On a numbers test where for example Thomas Applegate was given a couple of numbers then asked to recite them back i.e. 5,4,7,2,1 He was able to do it forward, but had difficulty reciting them back backwards. The results of the tests that were given tells Dr Pierce that the damage was something other than meth related.

Public Defender Kevin Robinson: "Did he talk to you about what happened in Bridgeville?"

Dr. Pierce: He consistently did not remember what happened in Bridgeville and did not remember up until he was in San Luis Obispo. (San Luis Obispo is where Thomas Arthur Applegate was arrested May 5th for the assault of a woman with a pipe. At the time it was not known his connection with the murder, and attempted murder in Bridgeville).

Public Defender Kevin Robinson asked about his discussion with Richard Leon Osborne.

Dr. Pierce says that Mr. Osborne tells of Thomas Applegate acting strangely. Excessively talking to strangers. His gradual talking to himself sounded like he was talking to someone who wasn't there. Their position was that his behavior was so bizarre that they wanted to hitchhike home. He was hearing voices.

Dr. Pierce: He was having auditory hallucinations. "That is psychotic!"

Public Defender Kevin Robinson: Did you perform any tests to see if Mr. Applegate was disingenuous?

Dr. Pierce: "I didn't do a test. I just asked about his memory of events they were the same."

Public Defender Kevin Robinson: "What was the diagnosis?"

Dr. Pierce: We use a multi Axis Reporting System.

Axis 1: "What do you have now?"

Axis 2: Long standing character logical or personal standing.

Axis 3: Any medical problems that influence Axis 1.

Axis 4. Any environmental stresses that act on Axis 1 i.e. being in prison. marriage problems. Other personal problems.

Axis 5. How well is the person functioning right now. Scale of from 1 to 100

Stay tuned for more...

6.15.07 People vs. Thomas Arthur Applegate:

Today is the start of the insanity phase of the People vs. Thomas Arthur Applegate. We are greeted with opening statements...

The burden of proof rests on the defense to prove "more likely than not" that Thomas Applegate was legally insane at the time of the crime. The opening statement and the first witnesses make it clear that the basis of the argument will be that Applegate suffered a brain injury in an explosion on an oil platform years ago and also suffers from "methamphetamine induced psychosis currently in remission" (that would be a long term meth addict currently without his drugs). The defense will argue that the long term meth use has caused brain damage and taken along with the accident, Applegate should be found not guilty by reason of insanity. The testimony by Applegate's mother, Diane Applegate, centered around his childhood and past behavioral problems. However, when questioned by Gallegos, Mrs. Applegate stated that she believed her son was a moral person who knew right from wrong then and now. Mrs. Applegate then testified that she visited her son in jail the day he was arrested and then went to his house to "remove his valuable possessions." Then the questioning took an interesting turn...

Gallegos asked if the .44 magnum revolver removed from the house was worth more than $11,000. Judge John Feeney cleared the courtroom in response to a huge objection by Public Defender Kevin Robinson on District Attorney Paul Gallegos cross examination of Thomas Applegate's mother! What we are talking about here is the suitcase containing $11,000 + a quantity of methamphetamine ... Once the jury was instructed by Judge Feeney to take a 20 minute recess and the jury left the room, Defense attorney Robinson accused District Attorney Gallegos of misconduct for bringing this suitcase of money to the jury's attention. In the earlier trial, out of the presence of the jury, this suitcase of money was ordered inadmissible by Judge Feeney. District Attorney Paul Gallegos argued unsuccessfully that the $11,000 that was left behind was evidence that the father was not just interested in collecting valuable property from the sons home after arrest, as the father had contended. DA Paul Gallegos' ability to introduce this money into evidence now was completely thwarted by the Public Defender Robinson in a heated exchange that drew a repeated and quite blunt sustaining of Mr. Robinsons objections. Including Mr. Robinson calling DA Paul Gallegos arguments "silly" on several occasions. This exchange was quite riveting! Mr. Gallegos arguments were very convincing, but just not quite enough. Gallegos argued that leaving the suitcase full of cash and drugs impeaches the earlier testimony that Applegate's parents were simply removing valuables before the house was to be searched. Gallegos has argued that the removing of the murder weapon and bullets showed an awareness of guilt and fear of the repercussions. So far, the jury is to not consider the money or the drugs, and they are not to be talked about in the jury's presence.

The valuable articles that were removed by father Keith Applegate from Thomas Arthur Applegate's home and taken to his were; golf clubs, sunglasses, silver Colt Python 44 magnum revolver with laser pointer, box of 250 copper jacketed hollow point 44 magnum bullets.

More coming...

Correction after going over my notes again we find that Kevin Robinson did have an objection overruled. This was without the jury present back on the May 5th arguments. This was evidence of motive. Where Thomas Applegate parked his red Jeep at the airport a half hour south opposite of where he was going and where he knew he would be ticketed back in 2003 According to DA Paul Gallegos this was to help cover his 4 day Mexico trip alibi given to various witnesses by Thomas Applegate including his boss. Evidence Code 371.

6.14.07 Judge Timothy Cissna:

"What we are looking at here is felony battery!"

Much of the Humboldt County court is dealing with every day crime and repeat offenders. Today we see someone who has been in court over, and over. Five times now for a parole violation as well as multiple DUI's and battery on a spouse.

Judge Timothy Cissna: ...felony offenses including hitting a girlfriends head against the wall repeatedly, resulting in a 2 1/2 inch scratched bruise on her head.

It is ordered by Judge Cissna that the Defendant will be serving an additional 240 days in the county jail. With the inability to pay for any of the fee's associated with sentencing. Once released he is to immediately enroll in a batterer's program, as well as submit to searches any time day, night, home vehicle etc. at the request of police regardless of whether there is a search warrant or not (no cause search as a term of parole). Furthermore, he is ordered to submit to testing for drugs, and alcohol at any random request. There is also a restraining order in place that continues.

*on a side note... these are two people who get drunk together and fight each other. At least one of them (the defendant) gets behind the wheel drunk

6.13.07 9:30 am People vs. Thomas Arthur Applegate:

Note: District Attorney Paul Gallegos was unavailable this morning for court proceedings. Instead, the People are represented by Attorney Mike Rossi, who has been partnering on the case with Gallegos, and D.A. Allan Dolson (sp) who is a new face for the People in this case.

Judge John Feeney: "The Jury has reached a decision"

Jury Foreman: With respects to count 1 and count 2 with the understanding that count 3 was alternate in the case...

Judge: "That is true" (Judge Feeney asks the attorneys to approach the bench)

Judge: Have to send you back to fill out count 3

Returning back with the Jury at 9:43am.

Judge John Feeney: The jury is back with us in the courtroom "Mr. (Foreman) has the jury reached a verdict?"

Foreman: "Yes, Sir"

Judge Feeney asks for the verdict to be handed to him. He looks at it, then hands it to the clerk to be read and recorded.

Count 2: Thomas Arthur Applegate is guilty of murder in the 2nd degree with the special Allegation of the crime of attempted murder in the second degree did intentionally and personally discharge a firearm.

Speaking with one of the District Attorneys, I am told that it's 25 years for shooting the victim, Joey Church plus 15 years for the special allegation. We now go into the second phase, which is to determine the sanity of Thomas Arthur Applegate. According to a sheriff, it is possible he could be out in as soon as 6 months and receive up to 40 years maximum if he is found insane. Otherwise, it looks like 40 years with no early release. The next phase begins Friday at 8:45 with the first witness of the sanity trial.

Public Defender Kevin Robinson had the jury polled with respect to count 1. All 12 agreed that count 1 was to be dismissed. Mr. Robinson has taken a possibility of 4 life sentences to 40 or less years without having to present a single witness. Every open court objection that I heard, and I believe I heard all of them, was sustained for Mr. Robinson.

On a side note: Jurors are not allowed to see a picture of Joey Church before he was shot and killed. The pictures of him that were shown had the face excluded.

6.12.07 People vs. Thomas Arthur Applegate:

Judge John Feeney: The jury foreman "says that the jury is hopelessly deadlocked." First degree charges have been dismissed. The first degree attempted murder charges have been dropped.

Jury continues to Deliberate tomorrow at 8:30am on the further charge of Murder in the second degree. If found guilty of Murder in the second degree. Thomas Arthur Applegate. Could still serve life.

Here is a good picture of Joey Patrick Church in front of his home where he was shot and killed by Thomas Arthur Applegate.

Jury deadlocked in murder trial -Eureka Reporter

6.11.07 People vs. Thomas Arthur Applegate: Hung Jury so far 11 -1 on count #1 Murder in the 1st degree. Three votes according to the Jury Forman. A juror sobs thru Judge John Feeney's questions to all jurors.

Judge John Feeney: "Do you agree that the jury is deadlocked or do you believe further read back of the testimony will help"

All 12 answers: NO!, "I don't believe so.", etc.

Judge John Feeney: "How about further clarification of the law?" Would that help?

5 Jurors believe that further instruction of the law may help. Seven do not.

A gentleman Juror "Does not agree!" that the jury is hung, and says: "I am an optimist"

The court is nearly silent amidst the Judge Feeney's repositioning the question to all jurors. The jury is excused back to deliberate for the last few minutes of the day. Deliberations continue tomorrow at 8:30am.

(Also correction to an earlier error. The bullets involved in the shooting death of Joey Church, and the attempted murder of Ross Condemi were found under a chair cushion of Thomas Applegate's friends house Richard Osborn III. Mr. Osborn according to his testimony found them in the middle under the cushion while cleaning house. His testimony also showed that Thomas Arthur Applegate had been there "He looked white as a ghost" according to Mr. Osborn's earlier testimony)

Jury Deliberations Continue tomorrow...

6.7.07 Jury deliberations continue into Friday. The Thomas Arthur Applegate trial for the brutal killing of local family man Joey Church continues. Today the jury requested to review some video that was recorded by a local businessman of Bridgeville California. As a part of deliberation this was done in court behind closed doors. The videos which we saw during open court show a gold car that is alleged to be the gold colored Kia Sonata that Thomas Arthur Applegate rented and drove to Bridgeville twice. The second trip was to kill Joey Church, and try to kill neighbor Ross Condemi. Two of Joey Church's children; a 7 year old girl, 11 year old boy and his girlfriend escaped out of the bedroom window. The testimony shows that two of Thomas Arthur Applegate's friends were with him in the car the first visit. Then he dropped them off at the Shell station in Rio Dell California. Applegate then stated he had to go back and "Help Them!" The video is not clear enough to see who, if anyone, was in the car including a clear view of the driver or the license plate. Both the Church family and Ross Condemi did not know Thomas Arthur Applegate according the "direct evidence" of witness testimony.

Joey Church's kids, and the Church family live, work and play right here in our community. You may see them every day and not know it.

May 4th, 2003 to now. And the jury is still out.

Defense Attorney Kevin Robinson has not called any witnesses to date. There are many witnesses that can be recalled, and I suspect at least one or more new ones that have not been to the witness stand yet. Without a doubt Thomas Arthur Applegate and his family who are also suffering over what happened May 4th, 2003 wait for the jury as well. They are Thomas Arthur Applegate's other victims.

Humboldt County District Attorney Paul Gallego's must now rely on the jury and hope they have come to the same conclusion's that he has with the evidence.

Judge John Feeney: Authored the Jury instructions that now must be read, understood and followed. The instruction document is at least 50 pages so far as my "indirect evidence shows" :-)

There are a ton of personnel involved with making the whole process happen that you don't really read about in the news. Without the support personnel have no doubt the court would be out of business. More to come...S

Steve

6.6.07 Jury Deliberations continued today until noon and will continue tomorrow morning. Around 11:30 am the Jury foreman posed a question for clarification of a jury instruction. The Judge Feeney: "I intend to send a note that says they are to be implied in there every day use. Both defense, and prosecution concurred with the Judges decision. We will have a summary once everything in the case is all said and done.

6.5.07 Monday Judge Feeney gives the jury final instructions, and deliberations for the first phase of the Thomas Arthur Applegate trial begin today. Should he be found guilty we will move into the final phase for an insanity defense. Should Thomas Arthur Applegate be found guilty, he is facing 4 life sentences for the brutal murder of Joey Church, and the attempted murder of his neighbor who was visiting.

6.2.07 Fridays testimony for the People vs. Thomas Arthur Applegate was stated with the Peoples witness Dr. Kay Duefrene. She practices at St Josephs emergency room, and according to her testimony was present when shooting victim Ross Condemi arrived at the emergency room. Dr. Duefrene tells about a gunshot wound that entered on the back of the lateral aspect of the inner thigh. It exited the left front lateral outside of the thigh. "The end portion of the leg bone was broken into many pieces." District Attorney Paul Gallegos shows Exhibits #33, and #34 and asks Dr Duefrene to describe what the x-rays generally show. Dr Duefrene then testifies that the images in evidence show the knee is "exploded" into many pieces at the end of the bone. "The hip portion and knee portion are widely separated" with pieces of metal. "They're Scattered" When asked by District Attorney Paul Gallegos "Were those injuries life threatening?" Dr Duefrene states "Potential to be" if an artery was hit.

Defense Attorney Kevin Robinson's cross examination:

Defense Attorney Kevin Robinson : "Were those the x-rays that your ordered?"

Dr Duefrene: "Yes."

Defense Attorney Kevin Robinson: "You indicate that the wound could have been life threatening."

Dr. Duefrene: "Yes."

Defense Attorney Kevin Robinson: "If an artery was hit."

Dr. Duefrene: "Yes"

Defense Attorney Kevin Robinson: "One was not hit."

Dr. Duefrene: "No."

Defense Attorney Kevin Robinson : "He did not have a blood transfusion."

Dr. Duefrene: "I did order blood to be ready. The risk was not only if an artery was cut there is some loss from the bone."

District Attorney Paul Gallegos: If Mr. Condemi did not receive treatment for 4 hours could it have been life threatening?

Dr. Duefrene: "Yes"

A new thing in court is that the jury is allowed to ask questions of the witness thru the Judge. The jurors asked Dr Duefrene to demonstrate on herself the path of the bullet. Which she did twice for the jury, the alternates, and the court audience. It is as described above. Dr. Duefrene was then excused outright.

More to come... Steve :-)

6.1.07 Court continues today on the Thomas Applegate trial for the murder of Joey Church. Yesterday we were ended with some heated discussion about some new found evidence. While Judge Feeney said "No sand bagging going on here" regarding the new evidence presented by District Attorney Paul Gallegos. Attorney for the defense Kevin Robinson argued quite successfully that this new evidence must not be allowed. Mr. Robinson was very animated and to the point that should the new evidence be allowed it would taint the jury unfairly with circumstantial evidence that he has had no opportunity to investigate to rebut. Court continues today at 8:45.

Witness testifies about Bridgeville murder Witness testifies about Bridgeville murder -Eureka Reporter

5.31.07 last Friday we continued with Criminal Investigator Ronald Nies who works for the department of Justice. He has background of being a "Senior Criminality" for 16 years as well as a 4 year degree with the "California Criminalistics Institute" Mr. Nies give a description of the weapon provided by the people's District Attorney Paul Gallegos "This is a Colt Anaconda pistol. 45." The weapon is chambered for a 44 Magnum bullet. Mr. Nies goes on to describe the gun as a double action revolver with. Double action pulling of the trigger maxing out his scale at 10 pounds for the pull of the trigger. The single action firing testing showed that the weapon required 2.5 pounds of force to pull the trigger. The weapon also has a laser scope. Through out the questioning of Mr. Nies by Mr. Gallegos we learn that by the shape of the holster the gunman must have been a right handed shooter. With the size of the weapon hitting 3 for 3 show that the shooter was also an experienced marksman. Defense attorney Kevin Robinson had several objections that were sustained by the court including on questions involving the bullets final destinations and movement after being fired. Mr. Robinson's objections seem to be sustained at least 95% of the time. Moving to yesterdays testimony we learn that there is duplication of the study of the Weapon and Bullet evidence in order for Mr. Nies to be able to testify off of his own notes. (The original Criminal Investigator had retired early in the process) More to come....

5.30.07 Trial continues today at 8:30am for Thomas Arthur Applegate...

5.23.07 Catch up time! Tuesdays (5.22.07) testimony continued with Kerri Ericson, the girlfriend of Joey Patrick Church. We learn from her that she first saw Thomas Arthur Applegate about 4:30 or 5pm. May 4th 2003, Sunday afternoon. "He creeped me out" she states. District attorney Paul Gallego's asked what she meant by that. "He rubbed his hands together the whole time he was there talking." She proceeded to show the motion with her hands. Her testimony is that there was another person in the Gold Kia that he was driving. Thomas Arthur Applegate said to her that he needed a place to call home, and asked if he could call this place home. So she shut the door. Kerri then told her boyfriend Joey Patrick Church "Somebody like that comes to the door, you're answering it because that guy freaked me out." Later that night was a planned get together with a neighbor, Ross Anthony Condemi, who came over to watch TV with the family because he did not have one. They were watching the season finale of the Simpson's. About 10 or 15 minutes into it, Thomas Arthur Applegate came knocking at the door. He stepped in asked about the house being for sale then opened fire. He shot Joey Patrick Church as he was sitting on the couch. We are shown pictures of damage to a wall and a laundry basket that was blocking Joey Patrick Church's escape path. Thomas Applegate's attorney Kevin Robinson raised some objections to District Attorney Paul Gallego's: "Did you think he thought you were a child as well?" Defense attorney Kevin Robinson's objection is sustained by Judge John Feeney. Note: I initially believed she was child until she testified on the stand. She is 5'2" and was 20 years old at the time of the shooting. Kerri Ericson saw Joey get shot. But did not see Ross Anthony Condemi get shot. She identified Thomas Arthur Applegate as wearing a black, white and burgundy color sweater shirt. Kerri Ericson ran with the children to the parents bedroom where she checked out the window to see if it was clear. Seeing that it was clear her and the children escaped out the window.

The father of Thomas Arthur Applegate testified today. The jury was shown the gun again which has a laser sight as well as a black box that contained 250 rounds of hollow point .44 caliber bullets. The box of bullets was black plastic with a snap on type lid.

More to come...

5.21.07 Jury instructions, opening statements, and some family testimony today in the trial of Thomas Arthur Applegate who is accused of the May 2003 murder of a local family man Joey Patrick Church who lived and was killed in Bridgeville, California. In the opening statement by Humboldt District Attorney Paul Gallegos, we are told about a grizzly encounter where a local father was shot to death in the presence of his girlfriend and very young children as well as Ross Condemin <- sp? who was also shot, but survived. The little girl was 7 and the boy was 10. According to testimony, they were watching The Simpsons on TV when this guy came knocking on the door. The gun involved was shown to be a silver .44 Caliber Revolver with black or brown handle. The Defendant, Thomas Arthur Applegate was arrested in San Luis Obispo, California on May 8th, 2003. Thomas Arthur Applegate's residence was searched. Items found include about 200 .44 Caliber bullets. Also found was a briefcase with $11,000 in it. Thomas Arthur Applegate was picked out of a photographic lineup of 6 people near the time of the crime by direct witness. Thomas Arthur Applegate was described as wearing a black and white checkered sweater shirt with the .44 Caliber gun tucked behind it. Testimony with pictures describes Thomas Arthur Applegate as having quite a different appearance today then he did 4 years ago. At the time of the crime, Thomas Arthur Applegate had a pony tail with multiple rubber bands and a mustache.

The Defense attorney Kevin Robinson is a well spoken silver haired man who is quite likeable. It seems to me that he has a very tough job ahead of him. Should his client be found guilty of murder, there will be some further deliberation of the sanity of Thomas Arthur Applegate. Thomas Arthur Applegate is presumed innocent until proven guilty without a reasonable doubt by a jury of 12. Steve

5.11.07 Correction: Each side can dismiss up to 20 (Preemptory Challenge). Anyway, the jury has been picked. A week from Monday is go time...Mr. Applegate will be facing a jury of his peers for the murder of a local citizen. Should he be convicted of murder, there will likely be another phase of the trial to determine the sanity of the defendant. The trial is expected to last up to 6 weeks.

5.10.07 Big thanks to the Humboldt County Sheriffs. I have found everyone that I have met so far to be an invaluable resource for getting me up to speed on court processes. For example, our latest homicide case Humboldt County District Attorney Paul Gallegos vs. Thomas Arthur Applegate is continuing with jury selection. There are 64 people. There are 64 seats + 12 in the jury box. Each side will question the potential jurors and pick 20 that they want dismissed. 5 will be selected to be alternates. If they are needed, the alternates will be determined by drawing their name out of a hat. Just an observation. Humboldt County District Attorney Paul Gallegos is left handed, just like one of my good friends ;-)

More to come. Steve :-)

Judge John Feeney

Prosecution: Peoples District Attorney Paul Gallegos, Co Peoples Investigative Attorney Mike Losey

Defense: Public Defender Kevin Robinson representing defendant: Thomas Arthur Applegate

Conflict Council Glenn Brown: representing Keith Applegate (Thomas Arthur Applegate's Father)

Witnesses:

5.21.07

Eleven year old daughter of Joey Patrick Church

Fourteen year old son of Joey Patrick Church

Kerri Erickson - girlfriend of Joey Patrick Church the day he was murdered.

5.22.07

Kerri Erickson - resumes testimony

Ross Anthony Condemi - shot in leg

5.23.07

Richard Leon Osborne III - friend of Thomas Arthur Applegate who snorted methamphetamine with him on the way to Bridgeville. Also saw him after the shooting, and found the bullets that were used hidden under a chair cushion.

Ronda Lynn Pauly - neighbor of Thomas Arthur Applegate who saw him leave in the gold Kia

Jeff Brian Mckiernon - Car rental agent

Keith Applegate - Father of defendant

Jessie Mary Osborne - rode in the gold Kia with Thomas Arthur Applegate and Richard Osborne III on the way to scout Bridgeville.

5.24.07

Jessie Osborne - resumes testimony

Richard Leon Osborne III

Keith Applegate - returns to stand after granted immunity

Jito Ishwar - hotel clerk

Ronald Nies - Senior Criminolist

5.30.07

Ronald Nies - resumes testimony

Loroni Osborne - girlfriend of Thomas Arthur Applegate ate the time of the murder of Joey Patrick Church also the sister of Richard Leon Osborne III

Richard A. Harold - Employer of Thomas Arthur Applegate at the time of the murder of Joey Patrick Church.

Rich Schleisiger - detective with Humboldt County Sheriffs Department

5.31.07

Rich Schleisger - resumes testimony

Chester Jarvoe - retired detective with Humboldt County Sheriffs Department

Joseph Luiz - manager of Bridgeville property video recorded gold Kia

6.1.07

Dr. Kay Duefrene - emergency room physician

Karen Quenell - Humboldt County Sheriffs Department field evidence tech.

6.4.07

Recall Joe Luis

Toby Baxter - Criminalist at Department of Justice, specializes in serology, Firearms examination and blood alcohol analysis

6.5.07

Dr. Susan R. Comfort - Forensic Pathologist, Shasta County Coroner

Richard Grimm - Investigator with District Attorneys office, computer forensics.

District Attorney Paul Gallegos Rests Case

Public Defender Kevin Robinson Rests on the evidence received

6.11.07

Note from jury re. Deadlock on count 1