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Feather River Bulletin
Quincy, California
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July 25, 2001     Feather River Bulletin
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July 25, 2001
 

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Criminal Justice News 4A Wednesday, July 25, 2001 I I I Dave Keller heard denying that he killed ing on behalf of the Califor- and to use the transcript only naires of the residents who Staff Wntet Howard and talking about his nia Attorney General's office, as an aide. were eventually selected as A request by the appellate devotion to the dead woman, which is now representing That is the standard legaljurors and alternate jurors, attorney for convicted killer The interview would go on the state on the appeal, instruction given to juries all the questionnaires us.ed Michael Franklin to have a to become one of the corn - Reichle said that, if the de- when they hear or watch by Thieler during jury selec- new transcript made of an stbnes of District Attorne '.,fense was troubled by the tapes and are supplied with tion were destroyed. audio tape used during the James Reichle's case against [ranscript used at the triM, it transcripts. The judge said he ordered defendant's murder trial wasFranklin. had a chance to protest it at Franklin's appeal of last court clerks to destroy them rejected last week by Plumas At the same time, however, the time and could have sug- year's murder conviction in order to protect the priva- County Judge Alan H. Thiel-portions of the tape were gested an alternative tran- was rifled in December. cy of the residents called for er. muffled, making it difficult at script. The attorney, Robert Bak- times to hear everything that It's too late now to try to The deadline for Baker's jury duty. er, asked Thieler to have a was recorded, change the evidence used at opening brief has been de- He said that both the de- court reporter transcribe theAt the trial, the jury was trial, Reichle argued, layed several times due tofense and the prosecution tape of a 1996 police inter- supplied with a transcript, "No such proposal was several issues, including is- maintained their copies at view with Franklin. which was made by the dis-made by defense counsel dur- sues raised by the attorney his request. The interview took place trict attorney's office in order ing the trial," Reichle said. last week. Although supplying the several days after Franklin to assist jurors. Thieler turned downthe re- The briefing schedule has questionnaires to Baker killed his wife, Ronna Baker told Thieler last quest by Baker, who argued been put on hold until the is- could present what Thieler Howard, at Bucks Lake. week that he wants the tape his case via telephone while sues are resolved, called "work product" con- It features former Plumas newly transcribed, this time defense attorney Robert Zer- Another issue included cerns, Reichle and Baker said County Sheriffs investigator by a court reporter, so he can nich appeared in person. Larry Rives asking Franklin provide it as evidence forThieler told Baker, and re- concerns about jury ques- mentthey arecanCOnfidentbe workedanoutagreethat tionnaires, which are being abeut Howard's death. Franklin's appeal, mindedZernich, that the jury sought by Baker. will enable Baker to get On the tape, which was se- The request was opposed was told to rely on what it copies of the questionnaires cretly recorded, Franklin is by Reichle, who was appear- heard on the tape as evidence Except for the 22 question- for the appeal. The tent•ally im~EI Baker is exl~m'q that Thieler~ @.~ granted a de~"~ move the u-i~_.ra~Q County became'~ ty outrage e Mean while,~ t concerns abo~ on consistencies ~t: tification s~Hig various pers~ Str llnl He asked ~tr~ the court cle~~a( their records t~Ln' inconsistenci¢~ the judge ~,... though it co~.° time and effoK~ am bers. ~_rni The judge:~! G~ progress report~l the matter. ~ti By Dave Keller Court program. StaffWnter Martinez is the latest in a When Robert Martinez first string of poignant success decided to stop using drugs 18 stories produced by the drug months ago, he says he did it court, which started two and for his daughter, in hopes of a half years ago in hopes of being a better role model. At foiling the county's criminal the time she was 13, the same drug addiction problem. age he was when he started "I couldn't have done it using, without the help of drug As days and weeks of sobri- court," Martinez said. "It's a ety and abstinence grew into good program." months, the Plumas County man realized he also was do- Now It win'ks ing it for himself, that he has The criminal justice sys- hopes and dreams of his own tern is spending about after nearly three decades of $125,000 each year on the drug use. Those dreams in- drug court program, which clude buying a boat and a combines therapy and drug house for his family and hold- testing with other require- ing a steady job. ments. Now, 18 months after he More than two dozen made the decision to stop us- Plumas County residents ing marijuana and meth, have been accepted into the Martinez is graduating from drug court program. Eight the Plumas County Drug have graduated and many I others are moving toward serve clients. that goal. Hagwood said the courts The drug court program and the district attorney's of- has recently taken several rice "are committed to mak- couldn't have done it without the help of drug court. It's a good program." Robert Martinez Drug court graduate measures to upgrade, includ- ing this program exemplary." ing the hiring of former Plumas County Sheriff Inves- Sanctions tigator Greg Hagwood as its Defendants who fail drug coordinator, tests, break promises to at- He says the program "has tend 12-step meetings or rio- tremendous potential" and late other court orders are of- has found ways to better ten thrown in jail. Staying out of jail is a good incentive for most people. The key, Superior Court Judge Ira Kaufman says, "is finding the right motivation for each person." District Attorney James Reichle played a central role, along with Kaufman, in get- ting the program started. Reichle said one of the cen- tral premises of the program is "persuasion." Authorities_~ were initially his chances of~'~ ter all, he had year-long jail~ the past. He W~ hopeless addi~ ties. But, when .he_~c~ chance, M art "~r~" He was so su~jm,, 12-step programmer ed to run Na~ He said drug court "definesmous meetingr t "e He now worl~. unacceptable behavior" and carpenter, all_O~,"j inSancti°nsit, those who engage chance to buY a~n~ wants to buy a~ ~, For Martinez, it was the wife and da~ rigor imposed by drug court- program enable[ constant testing, a court date and others likely", every two weeks and therapy, op normal, re~t~ "All of those things helped," "I have an O~e~ Martinez said. "Staying out of do that," he sai~_~l jail was an incentive." ter life for mys~ Some skepticism By Dave KeNler cult, given that officials are and rigorous drug testing, the StaffWrtter expecting no more than two Under Proposition 36, a district attorney dismisses When people are arrested dozen Proposition 36 proba-certain process must be fol- the other charges. for drug possession in tioners the first year of the lowed. Once someone is convicted Plumas County, they might mandatory program. After someone is arrested of a drug offense and deemed be eligible for Proposition 36, Drug court is seen by some for drug possession, the dis- eligible for a Proposition 36 the newlaw thatallows some as more demanding than trict attorney and others program, a judge orders drug narcotics offenders to under- Proposition 36 because it us- must figure out whether a de- treatment as a condition of go therapy rather than go to es jail as a sanction for those fendant is actually eligible probation. jail. who fail to comply with a for Proposition 36. Under the ideal scenario, Plumas County Justice judge's orders. Merely because someone is the defendant then undergoes System officials will attempt, In many other respects, arrested for a drug offenseand successfully completes as closely as possible, to fol- however, the two are similar does not mean the defendanttreatment without any posi- low the model now used by because of the emphasis on is automatically eligible, tire drugs for 12 to 18 the drug court, therapy and other remedies,For example, suspects who months. That should not be diffi- such as 12-step organizations also are accused of sellingAt the end of probationtyp- drugs, committing violent of- ically a three-year perioda de- fenses and breaking variousfendant can petition a judge other laws may not be eligi- to dismiss the conviction. ble for Proposition 36 unless If a defendant violates pro- FEATHE ER Postal Service: USPS (Na 188-5~0.) Periodcals postage paid at Quincy, CA. Published: Ever/Wednesday morning by Feather Publishing Co., Inc. Office Location and hours: 555 w. Main St., Quincy, CA 95971. Malting address: P.O. Box B, Quincy, CA 95971. .Off'ce is open Mon.-Fd., 8 a.m. to 5 p.m. How tO contact us: All departments: (530) 283-0800. FAX: (530) 283-3952. E-Mail plumaspub@aol.com Web Page http'.//www.plumasnews.com Ownership and Heritage: The Bulletin was established Aug. 11, 1866, as the Plumas National (later changed to Plumas National Bulletin, May 16, 1892) subse- quently changed to its present name May 7, 1931, which merged with the Ptumas 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. ClassKmd: Monday 10 a.m. News: Fridays, 3 p.m. Lagais: Thursday 4 p.m. Breaking news: Any~n'~! To Subscribe: Call (530) 283-0800 or come to the Bulletin office, or use the handy coupon below, or send e-mall to plumaspub@aol.com Adjudication: The Feather River Bulletin is adjudicated a legal newspaper by Superior Court Decree No. 4644 (1953) and qualified for publication of malters required by law to be published in a newspaper. Postmaster: Send change of address orders to the Feather River Bulletin, P.O. Box B, Quincy, CA 95971. Michael C. Taborski Publisher Kevin Mallow Jenette Meneely Assistant to the Publisher News Proofreader, Kid~; Page Editor Debra Coates Tom Fomey Managing Editor Production Manager Diane Kleine Cobey Brown Circulation & Classified AM Manager Print ShOp Manager Sherd McConnell Pat Whitcomb Display Advertising ManagerBookkeeper Keri Taborski Eva Small Legal Advertising Department Composing Manager i ..... : ....... :::::::::::::::::::::::: .............. i .: Feather River Bulletin .: : P.O. Box B, Quincy, CA 95971 • • Q ~, Stme, Zip Pleue ehtw my aut~:dption tor ------ m Enck.~l ~nd my che~ for $ In County $20 per y¢~ Q Out of State $3~ per year l • Sub~mlplkm$ can be trmz~rrM, but ~.~t refund~l. • lllIIIOIlliIlIl•ll llllelllmlIIllllllIllllllllliiilllllllilllllllli I I Legal Services of Northern sumer complaints, grandpar- California will be in ents' rights, housing prob- GreenvilIe from 10 a.m. to lems, legal planning for inca- noon, Friday, July 27. On pacity and elder abuse. that same date they will also Sue does not prepare wills, be in Quincy from 1-4 p.m., in or address divorce-related is- the conference room of the sues or bankruptcy. health department at the courthouse annex. Appointments must be Sue Good, a paralegal with made before July 25. many years of experience, To make an appointment, will see Clients over the age please call Anne VanPutten, of 60. Services are limited to Plumas Commnity Care Co- Social Security, Medicare ordinator, at 283-0891. Senior and Medical problems, con- transportation is available. For More Information Call ~,~,~= s=,v~= , 109.31 - - Cl~ds Jones 17 I 5199 - - Uc. # 0A55766 117.89204.84 ~ ~ s~,~o 163.8925084 c~,ca mzo 234.62321.57 257.09344.04 530-258-347/ 404.02490.97 800-468-1233 451.85538.80 512.01598.96 'S bat•on by using drugs once or or is opposed twice, they are then referred they will be s~ to an alternative treatment prison. .JD~ program, which could in- A third viol~ clude sanctions other than tomatically le~ jail, such as community ser- ry revocat|q~h vice:. Defendan~ .~, In some instances, howev- sit•on 36 may~ er, if a defendant is believed for Plumas C~:~ t~erous to others court, i~ ~_ / / //'/" nteme , Rates asi 3.82 per A Unlimited E-mail & I Connections from a I QBuIncy - Sign uP at S usiness Equipment Susanville - Sign UP. Appliance Wareh Portola - Sign UpI Digital OutpoStI Greenviller - Plum.t office on Main for Susanville Quincy • Portola • Chester. Lake Greenville Sier Surrounding No surprises, Just good E-mail • Intemet * E-commerce " 284-1515 or toll free (888) Open Mon. - Sat. * 341 Main St.,