I had a court appearance today. Judge Brown was out, and so the civil matters were sent over to Courtroom 6. I had to wait until the family court calendar was completed, so I decided to wander the halls briefly and catch up on gossip. Nobody was talking about Dikeman, however, there were copies of today’s ER laying on the top of the backrests of the benches with the big bolded headline WORTH DIKEMAN DISCUSSES FIRING. I read the interview, but found little sustenance in the story. Only a little bitterness seaped through, and Dikeman mostly showed some class and hope for the county’s criminal justice system. When asked how he thought the D.A.’s office was being run, he responded:
I don’t find fault with the recent hires Paul has made. There’s only one attorney in the office, aside from Paul, who I think doesn’t exercise good judgment.
So do you think the “one” is Schwartz or Keats?
I went back to the civil end of the hall, gossiped with one of Andy Stunich’s partners, and made my appearance. My car was in the shop and I had some time to kill so I thought I’d take in a trial. In Courtroom 3 there was a tree-hugger trial from the looks of the defendants, but it didn’t grab my interest. Courtroom 8 had some sort of preliminary hearing which I also found boring. Courtroom 7 was handling the small claims – I think the judges are shorthanded this week – and Courtroom 1 was locked shut. So I headed over to Courtroom 2 where Gallegos himself was prosecuting the murder trial we’ve all been reading about. Actually, I’m not up on the facts except that it looks like the fallout from a shoot-out between crank-heads down here in Myers Flat. The defendant was of course well groomed for trial. I watched for awhile as a defense expert was testifying about the angle of the bullet trajectory through the victim, commenting after a video he relied on about how sometimes cops are wrongfully accused of shooting suspects in the back when the suspect twists and turns while being shot at (I wonder if the film will be used if any litigation comes out of the Cheri Moore incident). Gallegos cross-examined to establish that there was another scenario to explain the trajectory, particularly the scenario that would point to guilt. The expert admitted it was also possible. The court then announced the introduction of audio-tape evidence that would take the rest of the morning, and so I left.
But before I left, I noticed that one of the alternate jurors had a copy of the ER, headline faced up. Either she had not been instructed to forego reading the papers, or she was not heeding the instruction. She was however taking copious notes, and so I assume she was taking her task seriously. I note that there is an article about the trial in today’s edition.
McCrea was still busy with my car, so I walked to Oldtown for a bagel at Los Bagels. An elderly gentleman greeted an elderly couple he apparently knew as he came into the shop. He made his purchase then grabbed an ER and his eyes widened at the headline, presumably the Dikeman headline. He brought it over to his friends, who also perked up and the couple agreed as the first gentleman said “he had it coming.”
My car ended up taking most of the day, so I called the office to discuss some items that my partner would have to attend to in my absence and decided to visit some friends over on B Street. The male half has now had a personal conversation with both Neely and Fleming, the former in his living room for about an hour as she recently pounded the pavement, and the latter near the water where he made the mistake of mentioning that the photo on her signs wasn’t flattering. Ms. Fleming was slightly flustered and said it was “just a snap shot.” He didn’t really discuss politics with either.
When my car was ready, I walked over to McCrea, by the rapidly deteriorating Downtowner Motel and behind the hauntingly dormant Eureka Inn. Nice day. Got a lot of walking in. If you saw a bearded guy in a dark suit wandering around it was probably me.

31 comments
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September 21, 2006 at 5:16 am
Anonymous
Eric, you bag on others for being obsessed with Gallegos and always trying to slam him! But it’s you who are obsessed, with Dikeman. Granted you are just a little smoother than the nut cases but you’re still taking CHEAP shots at Dikeman.
What’s up with that ? You and yours got what you wanted so why not just let it be? You can’t let it go because you know it was wrong (almost evil) so you have to keep up the spin.
As the man says Eric, you are so very predictable.
Have a nice evening and try to have a nice morning.
September 21, 2006 at 5:23 am
Eric V. Kirk
What cheap shot? I was responding to a headline, which in case you didn’t notice, was all over the place in Eureka no matter where you went. You think people weren’t talking about it?
September 21, 2006 at 5:38 am
Hank Sims
So do you think the “one” is Schwartz or Keats?
It’s “Keat,” Eric. And it’s Schwartz.
September 21, 2006 at 5:38 am
Heraldo
So did Worth also offer to sit down with the Times-Standard, or was he just giving the coveted interview with the ER? It seems that different segments of the county choose to talk with one paper over the other.
September 21, 2006 at 5:55 am
Eric V. Kirk
Great article on the inquest Hank! I’m going to do up a post on it tomorrow when it’s posted online.
September 21, 2006 at 1:12 pm
Anonymous
quit sniveling heraldo!
September 21, 2006 at 1:18 pm
Anonymous
I thought the beared guy in the suit was Ron Kuby. That was you?
September 21, 2006 at 2:24 pm
Hank Sims
Thanks, Eric!
September 21, 2006 at 2:48 pm
Anonymous
Eric –
Since you don’t own any property in Humboldt County, I’m starting to get the feeling that you are really Charles (formerly in charge) Winkler of the biased Times-Standard.
Maybe the T-S didn’t call Mr. Dikeman for an interview because they obviously have their collective noses so far up Gallegos ass, they can’t report objectively.
Instead of going in to Los Bagels to overhear the unemployed and retired (during the middle of the day), maybe you should have gone to any other place where working people have jobs and care about their community.
Your radical-left bias has now gone over the edge. I expect to see you standing with David Cobb (Mr. zero-point-one), Salzman (fraud who should have been prosecuted), Glass (too easy), Brinton (registered communist) and all the other Regressives of Humboldt County at the next Green/DUHC/Loco Solutions meeting spouting your “No Growth” propaganda.
I used to find your blog semi-entertaining.
Now it’s just like the Times-Standard. Extremely biased opinions.
September 21, 2006 at 3:39 pm
Fred
Hey! I like Eric’s blog. Maybe not so much now that I know he’s got a beard, but it’s still a fun read.
September 21, 2006 at 4:15 pm
Eric V. Kirk
Not that it matters anon 7:48, but I do happen to own property in Humboldt County.
Fred – I’ve had my beard for the most part since I was 18. Took it off a few times, but it just wasn’t me. All the men in my family are hairy. Can’t get around it.
September 21, 2006 at 5:04 pm
Anonymous
schwartz is the asshole that got the whitethorn rapists probation. the deputies were pissed when they found out he had the case, they knew their hard work wouldn’t matter and that he would plead it down as much as he could.
we should be so proud our DA’s office is so lenient with rapists and drug traffickers.
September 21, 2006 at 5:10 pm
Eric V. Kirk
anon 10:04 – Whatever Schwartz’ other failings, if any, the rape charges were apparently dropped because the victim’s testimony didn’t go over well at the preliminary hearing, and she was less than enthusiatic about testifying at trial. It’s not always about principle. Sometimes it’s about getting what justice you can get based on what you can prove.
His case falling apart, Schwarz made a last ditch bluff with the lie detector test, but the defendants were apparently certain they’d pass and called. I was critical initially, but I’ve since learned that there was much more about the case that made it problematic – much of it that didn’t make the news and won’t unless confidence is breached.
September 21, 2006 at 5:54 pm
Anonymous
How do you know that’s what Scwartz did and why he did it?
How do you get this insider information? Huh Eric V. Kirk?
September 21, 2006 at 6:08 pm
Eric V. Kirk
In this case one of my secretaries is familiar with the “rat twins” family and spoke to people who attended the preliminary hearing and who was in the loop during the negotiations. Small town.
In other cases I get the information by actually approaching people and asking questions – a novelty in the climate of today’s instant gratification friendly media.
September 21, 2006 at 6:12 pm
Eric V. Kirk
You have confirmed you status as an ignoramus to me.
Naturally, I’ll be losing a lot of sleep over that one. No really!
September 21, 2006 at 9:30 pm
Anonymous
Eric is a putz, and an apparently hairy one at that.
September 21, 2006 at 9:34 pm
Rose
How many cases has Jeffrey “yougofree.com” Schwartz taken to trial in the year that he has been here, Eric?
September 21, 2006 at 10:35 pm
Eric V. Kirk
rose – I don’t know, and I’m not commenting on his abilities/work ethic/character in general, only this particular case for which I can find no fault except perhaps in the report prepared by the Probation Department – but really not even there because I’m only reading a newspaper account of it.
September 21, 2006 at 11:50 pm
ED Denson
Thanks for the walk through the day Eric. Interesting, at least to people who hang out in courthouses like me.
I thought Dikeman carried off his interview well. He can be a bit snippy, but he wasn’t during this interview. He is essentially the last of the Farmer trial DAs to leave the office (Keat doesn’t seem to do cases,Cardozo?) and clearly he did not adapt well to the new culture there. Farmer’s people were combative, not liking to make decent plea bargains, and I thought tended to be a bit personal about their work. Gallego’s people do a good professional job, and by being open to discussion, get more justice done faster.
Both the DA and the PD need quite a bit more money and the county needs at least 1 more criminal courtroom complete with judge, DA and PD. When I started doing law, back in the 20th century, the jail was much smaller and totally maxed out so that people often got probation w/o jail sentences because there was nowhere for them to serve time. That situation is occuring again – credit the DA or blame him- with the much larger jail. The only solution other than expanding the justice system is to reduce or simpify the laws. Perhaps if we could work out something better on DUIs and Violations of Probation we could clear up some calendars.
September 22, 2006 at 1:24 am
Rose
“Farmer’s people were combative, not liking to make decent plea bargains, and I thought tended to be a bit personal about their work. Gallego’s people do a good professional job, and by being open to discussion, get more justice done faster. “
Thank you Ed, for spelling it out. Dikeman, Jackson and the other “Farmer People” held out for real justicew and didn’t give the store away to the defense attorneys.
Now THAT says it all.
September 22, 2006 at 2:28 am
ED Denson
Well, Rose, that’s not exactly how I saw it. Every case has a certain range of likely outcomes and experienced attorneys know what those outcomes are. If you plea bargain from the defense side you want the result at the lesser side of that range, and from the prosecution, the greater.
But if you offer a plea outside the likely results then you usually do not get a bargain. I found that the Farmer era DAs often made unrealistic offers. This tended to force cases to go further in the courts, often until the morning of trial, or even through trial itself. But the offers or bargaining position of the attorney can not change the facts of the case or the likely outcome. If a deal can not be made that does not mean justice is served. The end result is simply delayed but not altered by refusing to make a bargain.
However the cost to the community of refusing to settle cases is considerable. The DA puts more time and energy into it, perhaps a trial is necessary which costs thousands of dollars and takes up badly needed courtroom time not to mention the judge’s time, the DA’s time etc. In my opinion the Farmer era DA’s just squandered the valuable resources of their office and the public by not making good offers.
September 22, 2006 at 3:57 am
Eric V. Kirk
I had the same experiences with Susan Massini’s people at times. It was as if anybody who was arrested by the police had to be punished by forcing them to expend the resources and incur the stress of a trial even if the evidence didn’t warrant it. Like my experience with Ben Wesner, where they kept making “better” offers – and I kept saying “Hello!! He’s innocent!” But he’d pissed the cops off, and that required punishment in one form or another.
September 22, 2006 at 4:25 am
Hank Sims
I’m kind of missing this — if he’s innocent, won’t the prosecution lose? So no time and a clean sheet, rather than eating a bogus charge? Isn’t that worth a little extra?
Don’t you want that to go to trial, rather than having your client cop a bogus plea?
Or are you saying that he’d be innocent and he’d still lose? Which kind of begs the question…
September 22, 2006 at 4:44 am
Eric V. Kirk
Well, in this case I just wanted them to dismiss, which they eventually did. I posted about it a while back. Here’s the link
September 22, 2006 at 4:59 am
Hank Sims
It makes sense if you’re asking them to dismiss, I guess. And if the guy is innocent, of course.
But this may be keeping you from your post on my article this week, so I’ll zip it now!
September 22, 2006 at 5:08 am
Eric V. Kirk
This week’s NCJ is up? It wasn’t a few hours ago. I’ll get on it.
September 22, 2006 at 5:23 am
Hank Sims
Yeah, get on it, dammit!
September 22, 2006 at 6:26 am
Rose
Well, Ed, you might enjoy knowing the word on the street is and has been that if you want to get off you get Ed Denson or Russ Clanton, Paul’s buddies – you’ll be guaranteed to get off. Just what people are sayin’.
Long time ago, the word was you got James McKittrick, (before he crashed and burned) – he was known for his brilliance at getting his clients off – that is his brilliant defense strategies. A different league.
September 22, 2006 at 4:35 pm
Eric V. Kirk
Ed has taken several matters to trial this year I believe. Apparently, the memo hasn’t reached everybody in the DA’s office.
September 24, 2006 at 5:12 am
ED Denson
Rose, you make my heart sing like a bird.