Newspaper Archive of
Feather River Bulletin
Quincy, California
April 25, 2001     Feather River Bulletin
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April 25, 2001

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4A Wednesday, March 28, 2001 Court News E L I By Dave Keller Staff Writer Dr. Richard P. Musselman, who is accused of beating up a Greenville chiropractor at a Quincy health club, turned himself in two days after a warrant was issued for his arrest. Musselman showed up in court April 18, accompanied by defense attorney Robert J. Zernich. The warrant had been issued because Musselman had failed to appear in front of Plumas County Superior Court Judge Alan H. Thieler April 16 as promised. Because a warrant had been issued, Musselman had to post a $25,000 bond to meet the bail requirement set by Thieler. Musselman did not show up April 16 because he had checked into a psychiatric ! hospital in Reno. would have him back by 5 p.m. Meanwhile, Thieler ordered Thieler said he did not care Musselman, 51, to undergo a about the 5 p.m. deadline, medical exam at Plui~as~ ordering Musselman to stay at District Hospital. PDH until all the tests were Plumas County District done regardless of how long it Attorney James Reichle told took. Thieler his office wanted Zernich's concerns troubled Musselman to undergo the Reichle, who said he "object(s) examination to check for anyto the mental hospital being injuries he sustained April 14 used to control" the investiga- when he allegedly assaulted tion. and battered John BergstrandThieler scheduled for May Despite saying two days ear-11 a preliminary hearing, lier that he had no problem which will be used to deter- with Musselman undergoing mine whether Musselman such an exam, Zernich should be held to answer to expressed concerns about thefelony counts of assault with a examination April 18. deadly weapon, battery and He said he was worried that burglary. PDH would not finish the exam As that court date was being in time for Musselman to scheduled, Zernich asked return to the Reno psychiatric Thieler to lift the restraining hospital, order that bars Musselman Zernich told Thieler he had from being near Bergstrand. promised the Reno hospital he Even though Thieler reject- il By Dave Keller have been confiscated by law Staff Wnter enforcement officials. The defense attorney for The cards were not validly Rain Dancer Dickey-O'Brien is seized under what is known as arguing that key evidence the "plain view doctrine," a against the accused killer must tenet that allows police to be thrown out. recover evidence without a In legal papers filed earlier warrant as long as the evi- this month, attorney Janet dence is exposed by the sus- Hilde relies on testimony and pect to the police. evidence obtained during a Hi|de contends that, when a recent hearing to bolster an Forest Service officer grabbed argument she made in two pre- a credit card from Dickey- vious motions. O'Brien, the credit card was Hilde is calling on Plumas not in plain view. County Superior Court Judge Rather, the credit card was Ira R. Kaufman to bar the dis- obscured by a wad of cash and trict attorney from presenting that only a small corner of the to a jury evidence of a shotgun card was visible, Hi|de is con- and credit cards, which link tending. the defendant to the slaying of Meanwhile, Hilde also is Forest Service worker and contending that the search of a Westwood resident Mark tent that produced the shotgun Levitoff at Lake Almanor 16 that was used in Levitoffs slay- months ago. hag was illegal. A jury trial is scheduled to The circumstances at the start in twomonths. Dickey-O'Brien campsite did A hearing to decide the issue not justify the search of the was conducted last month, but suspect's tent without a war- Kaufman delayed a decision rant. until April 25 to give Hilde Although the Forest Service additional time to address the officer who discovered the legal issues that were raised shotgun contended the search during the hearing, of Dickey-O'Brien's tent was The testimony of law conducted to seek a possible enforcement officials from second suspect and for purpos- ~tah underscored defense con- es of officer safety, Hilde is "cerns that credit carols and a contending the search was not Shotgun seized from Dickey- justified. O'Brien at a Utah campsite She is contending that such were illegally obtained, Hilde concerns were "not realistic, contends, not credible" under the cir- The attorney contends that cumstances. credit cards possessed by In the motion, Hilde is urg- Dickey-O'Brien containing ingKaufman toconsider a 1999 Levitoffs name should not California Supreme Court case FEATHE VER Published: Every Wednesday morning by Feather Publishing Co., Inc. Office Location end hours: 555 W. Main St., Quincy, CA 95971. Mailing address: P.O. Box B, Quincy, CA 95971. .Office is open Mon.-Fn., 8 a.m. to 5 p.m. How to contact us: All departments: (530) 283-0800. FAX: (530) 283-3952. E-Mail Web Page Ownership end Heritage: The Bulletin was established Aug. 11, 1866, as the Plumes National (later changed to Plumes National Bulletin, May 16, 1892) subsequently changed tO its present name May 7, 1931, which merged with the Plumas Independent (1892-1945) on June 7, 1945. Published weekly. It is part of the Feather Publishing family of newspapers serving Plumas and Lassen counties. Deadlines: Display Advertising: Thursday 4 p.m, Display Classified: Thursday, 3 p.m. Classified: Monday 10 a.m. News: Fndays, 3 p.m. Legals: Thursday 4 p.m. Breaking news: Anytime1 To Subscribe: Call (530) 2830800 or come to the Bulletin office, or use the handy coupon below, or send e-mail to Adjudication: The Feather River Bulletin is adjudicated a legal newspa- per by Supenor Court Decree No. 4644 (1953) and qualified for publication of matters required by law to be published in a newspaper. Postal Service: USPS No. 188-550. Periodicals postage paid at Quincy, CA. Postmaster: Send change of address orders to the Feather River Bulletin, P.O. Box B, Quincy, CA 95971. r" i I I I I I I I I I I Michael C. Taborski Publisher Kevin Mallow Jenette Meneely Assistant to the Publisher News Proofreader, Kid's Page Editor Debra Coates Tom Fomey Managing Editor ProducUon Manager Diane Klelne Cobey Brown Circula~on & Classified Ad Manager Print Shop Manager Sherri McConnell Pat Whitcomb Display Advertising Manager Bookkeeper Keri Taborski Eva Small Legal Advertising DepartmentComposing Manager II II II II II m ii ii ii el iiii ii ii Ii ii ii iiii ii m i | ~ Subscription Order Form I Feather River Bulletin I P.O. Box B, Quincy, CA 95971 I I ~l e~ ~ my ch~k for S I I21 ~ c~o~, n0w ~w I Name ..... I I I I ed the request, Zernich said that the order would prevent Musselman from treating patients at Indian Valley Hospital because his office is near Bergstrand's office at IVH. Zernich said Musselman has no intention of actually contacting Bergstrand. The attorney said Musselman is the only doctor at IVH and that Musselman's absence "puts a lot of people at risk." Thieler said Zernich's com- ments puzzled him because the attorney had said that Musselman needed to be in the psychiatric hospital anyway. Zernich said the stay at the hospital was expected to be short term and that Musselman needed to get to back to work. Reichle, whose request to that warns about certain searches. Quoting the case, Hilde states that "courts must be vig- ilant in guarding against sub- terfuge" when law enforce- ment officials try to use con- cerns about officer safety to seek out evidence. The attorney also argues that the "doctrine of inevitable discovery" does not apply in her client's case. The doctrine allows evi- dence that is improperly obtained to be used because investigators would have dis- covered it anyway once they obtained a search warrant. But she believes the warrant was sought by law enforce- ment because of the illegal seizure of the credit cards. A response was scheduled to be filed this week by the dis- trict attorney. i By Dave Keller Staff Writer The Plumas County man accused of killing 13-year-old Held| Fredette in 1984 may face the death penalty. Tehama County's district attorney has until May 14 to make a decision on whether David James McIntosh should die if he is convicted of Fredette's slaying in Paynes Creek. Greenville's McIntosh was arraigned for trial April 16 by Superior Court Judge Dennis Murray. He pled not guilty to first- degree murder and denied all the special allegations. It was at that time that Murray agreed to give the Tehama District Attorney I I I I I I I I I I I I I I I I I I I I I L, CALL-IN DRIVE THROUGH O0 I I I I I I on any I Pizza or Calzone I with coupon I Not valid with any other offer. I I 1770 East Main I (Across from Napa Auto Parts) I Quincy I ,,,ow iI tax earn free! 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Wide-ratio. r.r=nsmis$ion taps the Surf the world wide web Get your own E-Mail address mo. Unlimited access on local numbers Additional fees and hook-up costs may apply ~e f~ de~k l allow Musselman to see his wife was granted by Thieler, said he objected to allowing Musselman to be near Bergstrand. "It's not fair" to Bergstrand, Reichle said. Attorney David Adrian, who is representing Bergstrand, also raised an objection, Adrian also told Thieler that IVH had already made arrangements for a doctor to fill in for Musselman. Adrian also told the judge that Musselman's future at IVH appears to be uncertain. The alleged attack took place at about 2:30 p.m. April 14 at the Quincy Athletic Club, Musselman entered the business, telling a witness he was interested in taking a look at the club. Moments later, Musselman allegedly in the fae~f him. Inves[ Bergstra struck a! times. Bergstt were brol~ head were A loa'l~ found in ~ Mussel4 held on $ contacted to lower return promise up March ! Superior 0 But, I failed to Reno inst~ warrant arrest. Accused of killing Held| Fredette 1 FebruarY| Prison bY Sheriffs At the tt native w$ state priS failed to offender. Gregg Cohen additional time McInta to make a decision about the time in P$ death penalty, napping ~ The district attorney would intent to~ be required to file a declara- The C~ tion stating whether his office of Justice~J is seeking death prior to the to Fredett~ start of a trial, ing by ~at~ Cohen told The Red Bluff a sample~ Daily News last week that his office will not make a decision Frede~ until it receives information ered in P~ about McIntosh's behavior of 1984---o-z while incarcerated for priorappeared convictions as well as his per- Portola. 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