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Feather River Bulletin
Quincy, California
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May 30, 2001     Feather River Bulletin
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May 30, 2001
 

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IOA Wednesday, May30 20O, From Page One Confirmed from l~ge 1A But Rutherford told Young that the alleged offenses could not be considered misde- meanors because of their seri- ousness. Rutherford, who retired from the Butte County judicia- ry system earlier this year, pointed in particular to what she saw as the "subterfuge" employed by Musselman while allegedly committing the of- fenses. 'Aml~slhed In l~bllc' Plumas County District At- torney James Reichle, who handled the hearing on behalf of his office, also disagreed with Young's characterization of the allegations against Mus- selman. In his mind, he said, the al- leged offenses are felonies, telling Rutherford that Mus- selman mounted a surprise at- tack against Bergstrand. "John Bergstrand got am- bushed in public," Reichle ar- gued. "It doesn't merit reduc- tion to misdemeanor." During the hearing, the de- fense tried to show that Mus- selman resorted to hitting Bergstrand only after he had urged the chiropractor to stay away from his wife and that Bergstrand had ignored the plea by playing racquetball with her the day of the alleged attack. During the hearing, Young confronted Bergstrand, trying to get him to admit that he was trying to interfere in Mussel- man's attempts to re.concile his marriage. Instead, Bergstrand said, Musselman told him a few days before the alleged assault that he was only concerned that it appeared unprofession- al for Bergstrand to be dating Julie Musselman. lleq[jrlLrand th Memnl Musselman implied that Bergstrand would no longer be allowed to be a chiropractor at Indian Valley Hospital if he continued to date Julie, Bergstrand testified. Bergstrand said he did not know that the Musselmans were trying to reconcile and that Musselman had moved back home. Bergstrand, who said he does not recall being attacked at the health club, said that he had received Musselman's per- mission around February to date the doctor's wife. About two weeks before Bergstrand was injured at the health club, Bergstrand said Musselman asked him to stay out of the Musselman home, even though the doctor was not living there at the time. Dr. Mark Satterfield, who treated Bergstrand's injuries, told Rutherford that Bergstrand sustained a host of injuries, including broken bones, cuts and bruises. In addition, he eventually determined that Bergstrand suffered a concussion. Satterfield said the injuries were the result of blunt force trauma--and that Bergstrand was struck at least five times. Normal vital signs Under questioning by Young, Satterfield said the chi- ropractor's vital signs were normal and that a Catscan did not show any signs of internal damage. Satterfield said that, al- though Bergstrand denied falling unconscious during the attack, it is not unusual for someone to not know they have been unconscious. "He said it happened so fast he didn't know what hap- pened," Satterrield said. Other witnesses described what took place at the crime scene, the Quincy Athletic Club. Deputy Noel Clem said he arrived on the scene almost right away, noting that he was on patrol near the health club when the 911 call came in. Clem said he saw Mussel- man in the health club park- ing lot when he arrived--hur- riedly trying to leave the crime scene. When he confronted Mussel- man, Clem said he noted blood on the surgeon's right hand and saw redness and swelling. Berg nmd 'confu ' Inside the club, Clem found a badly hurt Bergstrand inside a locker room shower stall try- ing to prop himself up. Clem described Bergstrand as "con- fused." Clem said he interviewed Julie Musselman, who told him that Musselman was up- set that she was at the heath club with Bergstrand. Clem said she also told him Musselman had entered the ladies' locker room and tried to get her to leave with him be- fore law enforcement officials arrived. Clem also testified that Julie Musselman said her husband told her, "I just kicked your lit- fie boyfriend's ass." Employees of the health club also testified that Musselman had entered the women's lock- er room in an effort to make her leave with him. Karen Peters, who had lived with Musselman while he was separated from Julie Mussel- man, testified that the doctor felt it was "disrespectful" that Bergstrand was dating his wife. Peters said that Musselman told her he had no recollection of what took place at the health club when he allegedly attacked Bergstrand. Testimony not blocked Meanwhile, the defense tried to block Kris Beebe, the D.A.'s supervisor of investiga- tions, from testifying at the May 23 hearing. Young and Musselman's oth- er defense lawyer, Robert Zer- nich, argued that Beebe is not allowed by state law to provide what is known as hearsay tes- timony. In California, under what is known as the Proposition 115 provision, law enforcement of- ricers are required to have ei- ther five or more years od ex- perience or have passed a hearsay testimony course. Beebe was a Reno Police De- partment officer and detective for more than a decade and has been an investigator for the D.A."s office for six addi- tional years--factors that qualify Beebe to testify by Cal- ifornia law. But Young and Zernich ar- gued that they did not consid- er him qualified--an argu- ment that Rutherford rejected. Beebe said he interviewed a locker room witness who heard Musseiman tell his wife after the alleged attack, "I warned you this would happen." I iii I ASPHALT PAVING & SEALCOATING HOT CRACKFILLER GRADING CHIPSEAL FREE EST. STATE WIDE SERVICE RES & COM. 1248 BIGGS AVE C12 LIC. #762465 Oroville CA. 95965 (530) 532-4572 or (530) 534-5506 By Dave Keller of conflict "doesn't rise to the Staff Wnter level" required by the law to A judge turned away an at- disqualify the D.A. and replace "-~pt by Dr. Richard Mussel- his office with the California man..~nd his lawyers to have Attorney General, the judge the digtrict attorney disquali- said. fied from prosecuting him in The May 21 ruling went the felonious beating of a chi- ropractor. Retired Butte County Judge Ann Rutherford ruled that D.A. James Reichle's relation- ship with the sheriffs depart- ment, which the defense has tried to portray as unusually close, would not prevent Mus- selman from receiving a fair trial. Rutherford said she sees no actual conflict with Reichle and his staff trying the case, even though the alleged vic- tim, John Bergstrand, is the brother of the county's under- sheriff. In addition, any perception district attorney's office could rice being not be fair by contending that of someone Reichle and his staff helped grind," Zernich| foster what the lawyer called to "a media frenzy" around the Bergstrand. Musselman case. those Earlier, however, Zernich nich against arguments raised by said the defense is not "accus- Sheriff Len Robert Zernich and Richard ing anyone (in the D.A.'s of- undersheriff Young, Musselman's attor- rice) of anything sinister." which John neys. Rather, the attorney said, legedly Before Rutherford made her the conflicts in the case are by Musselman. Iq ruling, Young said he was "just a product" of the facts of Meanwhile, g~-] troubled by the appearancethe case. that Reichle has a conflict. The veteran trial lawyer ex- that Zernich a~l~.' ] to show any "fa~"~ "We must not ignore the ap- plained further that such con- of serious conflicLJ. pearances in this case," Young flirts should not be surprising said. waving his ringer at the in small counties with smallReichle char,;~ judge, staffs at the D.A.'s office and D.A.'s involve~ Young urged Rutherford to the sheriffs department, sheriffs depart~l'~ send a message to the commu- Moreover, Zernich said that case as "a norn~ll~| nity that Musselman would re- Reichle's close relationshiprelationship." ceive "even-handed" treatment with the sheriffs departmentRutherford a~ by throwing Reichle and his would cause problems for Mus- she noticed that ll~][ staff off the case. selman, fire had supplied~,, Young tried to prove that the It's a matter of the D.A.'s of- investigative worJl 1 lll tl m pqe :Ut, side of Highway 70, but not on the south. Clark also reminded the oth- er supervisors that his district swells in numbers during the summer months. "More people means more expectations," Clark said. "It's the same at Almanor," Dennison said. He also said that he liked the "Oat Scone Friday" plan. "1 do, too," Pearson said, "but I feel sorry for Robert Meacher." Nelson said he was pleased With the proposal, but would prefer for Meacher to retain the Canyon. Allen will use the comments to refine "Oat Scone Friday" and present another plan at the June 5 meeting. Public Input A public hearing will be held June 12 for community members to voice their com- ments on the redistricting pro- posal. A final decision is ex- pected to be made July 3. Redistricting is necessary to maintain comparable popula- tion bases in each of the super- visorial districts. The 2000 cen- sus revealed that District 2 was 18 percent below the other districts, while District 3 and District 4 were substantially higher in Population. 31st graduation cerern ,) , Da ,e, aro, , na.osa- "1l ceremony. .Calistra Sae ll Dr. Plankey, who has taught Seliskar, vala~ chemistry and math at FRC Robert Stahll~ll~ Stevens, Abigail ~- Susan Swicegood, l~llB since 1993, was recognized by graduates as being an enthusi- astic instructor who approach- es her students with a sense of humor a dedication their un- derstanding difficult subjects. This year's graduates in- clude: Jacqueline Armato, Holly Austin, Kathleen Backman, Annabelle Baldwin, Christine Beck, Matthew Bray, Joshua Brookshire and Mariano Bus- to. Anna Camp, Vickie Carpen- ter. Wayne Cartwright, Katri- na Chevrette, Cheree Childers, Diana Christensen, JoEllen Chunn, John Conway, Viveca Culver and Andrea Curry- Low. Fire... Continued f mm page 1A miles ;vest of Susanville and one mile south of Highway 36 in the Devils Corral area. Officials believe the fire was started by someone who was target shooting. According to the Forest Ser- vice, containment of the fire is not expected for several days due to the ample supply of dry fuel and weather conditions, which include 10-mile-per- hour ~vinds and high tempera- tures. Serving Plumas, Sierra & Lassen Counties A COMPLETE INSURANCE SERVICE * Business * Home * Auto * 283-1112i sirce 18a3 400 Main Quincy Lic. #0140935 Ann Dollarhide, Rhasaan Fer- nandez, Diana Flores, Ryan Foote, Dustin Garcia, Christo- pher Genung, Alyssa Grassi, Jeannette Graves and Tina Greco. James Hainsworth, Kristin Hardy, Stephanie Hargraves, S. Littledove Headrick, Nicole Shelly TeagUe, Thomas, Simms Sylvia Hicks, Trinia Holder, Daniel Twohig, SusaXlJ Howe, DeniseHowser, William Heather veerk. l Jacks, Bruce Jacobsen, agenbach, Michelle Johnson, Pamela Kel)y Weintr.a~1 Jones and Tevis Jones. e ser, Diehle~/ Jay Kearns, Nathan Kerr, Kimberely willi~ Terry King, Amie Kreth, fronWoodallan/ James Lal, Candice Landa, Nathaniel Landa; Michael Laz- The studentS~ Aanestad for ar,~'-~ zari, Kimberlee Leverett, lence were Paci~l~ Craig Martin, LaVerna Mason,Thornton.SimmS,~ Robert McAdams, Monty Mc- Cown, Teresa McIntire, reersandTechn Matthew McLellan, Carrie Mc- Curry-Low (wildlP, B gy); Graves (paiC Morris, Amanda Mecum, Cyn-Stable OperatiO );tl thia Menner, Susan Merri- struction TeCha/ man, Tami Mitchell and Arren Molina. (Child Develop~ Clinton Neer, Nicolas Paci- na Rudholm (bla~ ni. Lara Patton, Jordan Payne, Molina, (BiologY); _1~ Lindsay Pearson, Amber Ped- eral Studies); Ja.l~ ersen, Matthew Penner, Eliza- ministration o!.l beth Price, Bryan Rabas, Hainswrth(Env"~m Homer Read. Cynthia Rhyne. Itudies) Chunn (~ Sheryl Richard, Michael Rick- ung (Business); ~11 operative work 1 We're kicking off the summer on Friday, Ju# with a Square Dancing Show. Sat., June 2 I0:00 am . Poker Ride For sign-up sheets, call 836-4541 Fri., June 15 Sheep Dog Show 0 Fri., June 29 Virginia City Gun Slingers & SaloOfl sewed Every Friday - 5:00 - 9:00 P~ $1oat Mill C0. the the fun begins!" 836.454 Country Burger Is National Barbeque Mom~h I1~ Beef Sandlwidll $11~a1~ Our hickory-smoked meat with homemadle --t~ barbeque sauce on a sub roll. Choice of regular, beer batter or curly fries and large drink. [~ Lindan & Main, Quincy Morga Stanley RICHARD 1). LEONHARDT Financial Advisor Retirement Planning College Savings Plans Stocks, Bonds, Mutual Funds 310 Hemsted Dr., Suite 100 Redding, CA 96002 Morgan Stanley Dean Witter is now Morgan Stanley. Mot~tn Stlaley i$ a r,e~ice mark of MO8~ Sl~ley D~ Wittet &Co. Moq~l Staalt, y DW Ira:-, member SIPC. O 2001 MorB~ Sl~ley DW ia. Confin Supply presents its e Entire Stock on Sale A comprehensive selection of Animal Health and Livestock Equipment All fencing materials Gift Items * Wrangler. Tack * Nutrena Feed Come by md talm advantage of the discounts at this Biannual salol 61 Bradley St. Quincy Su ant ille Porto/a/Chester .. 83-23: / 251-2357 1 (888) 832-235, Sierr iile, gA {530) 9184-3880 ~ur COMPUTE m fiw ~at~ mu~mml i anlml i~ll SumnwNmr~lbn~jSam.4~n Sa~hm.~ Surf the world wide web Get your own E-Mail address mo. Unlimited access on local numbers Addit l fees and hook-up costs may apply mxe foe de~ails ,4 1 Make your yard beautifol~ We have a great selecdO of colorful annuals and vegetable startS. Visit soon! These won't last Id OPEN: Wed:Sun.: 10:00 am - 5:00 p111 Kathy Pricer 352 Plneleaf Drive Meadow Valley, CA 95956 (530) 283-2953