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Feather River Bulletin
Quincy, California
August 1, 2001     Feather River Bulletin
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August 1, 2001

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M Wednesday, Aug. 1, 2001 Court News Dave Keller Staff Wdter Dr. Richard P. Musselman, accused of the April beating of a Greenville chiropractor in a health club, is asking a judge to throw out a set of felony charges against him. The surgeon filed the mo- tion July 20 through his at- torneys, who will argue their case Aug. 9 in front of Judge William Pangrnan. San Francisco's Laurence J. Lichter, who Musselman has hired as his new attor- ney, is challenging a decision by Judge Ann Rutherford. Rutherford ruled at a hear- ing in May that Musselman must be held to answer to charges of felony assault, felony battery and felony bur- ghry. In addition, the judge has allowed the Plumas County District Attorney to attach a penalty enhancement to the assault charge, potentially in addition to prison time should Musselman be con- victed. Lichter is contending that I "lack of evidence" against Musselman should have de- terred Rutherford from mak- ing the ruling. As a result, the charges against Musselman should be dismissed, Lichter said. But District Attorney James Reichle, responding in writing on July 25, is oppos- ing the defense motion Reichle is arguing that the order issued by Rutherford was based on "ample evi- dence" and that there is a "reasonable suspicion" that Musselman beat up John Bergstrand, who was socializ- ing with Musselman's es- tranged wife. Lichter attacks the bur- glary allegation in his mo- tion, arguing, "There is ab- solutely no evidence of Dr. Musselman's intent to com- mit any felony upon arriving at the club." The attorney contends Musselman used no weapon, made no threatening re- marks, did not lie in wait to gain a surprise advantage or stalk Bergstrand. Musselman was merely at a Quincy health club in order yoked and taunted Mussel- marl. In his written response, Re- ichle strikes out against Lichter's assessment. to'v4 it his wife and did not inten .... to confront Reichle contends that Mus- Bergstrand, Lichter argues, selman treated Bergstrand in "Dr. Musselman did not a hostile manner prior to the plan to come across" alleged attack. Bergstrand in the dressing In addition, the doctor al- room of the club, Lichte said. legedly called to determine Lichter said Bergstrand's whether Bergstrand and statement at a May hearing, Musseiman's wife were at the that Musselman knocked him health club before driving out, does not stand up when from Greenville, Reichle compared to what Bergstrand said. told medical officials on the Reichle argues that day of the alleged attack. Bergstrand did not see the al- Lichter contends that leged attack coming and was Bergstrand's shame in inter- "vulnerable" when it alleged- fering with Musselman's ly took place. marriage and the reconcilia- Reichle also disputes that tion between Musselman and Lichter's contention that his wife tainted Bergstrand's Bergstrand may not have testimony during the May been knocked out by Mussel- hearing, resulting in Ruther- nlan. ford's ruling. "The defense must resort to In addition, Lichter charac- sheer fantasy about the vic- terizes Musselman as peace- tim feigning unconscious- ful and nonviolent and con- hess. In this fantasy...the vic- tends that Bergstrand pro- tim threatened, provoked and attacked the defendant, ap- parently out of shame in in- terfering with the reconcilia- tion he was unaware of," Re- ichle contends. Reichle also disputes Lichter's description of Mus- selman's character: "Where is there any evi- dence of the defendant's char- acter for nonviolence?" Re- ichle asked in his response. "If I knew the issue had been raised at the hearing, such evidence would have been re- butted." On a different issue, Lichter argued that the evi- dence at Musselman's May hearing "was often double and triple hearsay." Lichter argues that Deputy Noel Clem and investigator Kris Beebe should not have been allowed to testify about what witnesses told them. But Reichle said such testi- mony is allowed, pointing to a 1991 California Supreme Court case that made it per- missible under rertain cir- cumstances. The district attorney con- tends that "the defense conve- niently ignores" the 1991 rul- ing. Meanwhile, guing that tion connected and the felony tion must cause Bergs badly injured. ! Reichle that testhmorff Satterfield, w Musselman's and a video Lichter Richard man's main Robert J. Last year, attorney for rente, who waS Marin CounW Lichter conV to acquit the fin'st-degree s Musselman'S ~ ! et for Sept. lOlt . Rutherford, blltl~ I asking for a umas Chapter 11 Update: Pacific Gas And Electric Company reaches long-term agree- ments The Pacific Gas and Elec- tric Company has signed five-year agreements with 131 of its qualifying facilities (QFs), ensuring the utility and its customers will re- ceive a reliable supply of elec- tricity at an average energy price of 5.37 cents per kilo- watt-hour. Under the terms of the agreements, the Pacific Gas and Electric Company will assume the QF contracts. The company will pay the prepeti- tion debt on these 131 QF con- tracts --totaling $740 mil- lion--on the effective date of the plan of reorganization. The total amount the compa- ny owed to QFs when it filed for Chapter 11 was approxi- mately $1 billion. For certain of these QFs, if the effective date has not oc- curred by July 15, 2003, the company will pay two per- cent of the principal amount of the prepetition debt per month until the effective date of the plan of reorganization or until July 15, 2005, when it will pay the remaining prepe- : tition debt. August 1-4 August I0-II By locking into the average fixed cost, PG&E will help protect its customers from the price fluctuations in the wholesale market. A recent CPUC decision (D.01-06-015) allowed QFs to enter into long-term contracts at an av- erage energy price of 5.37 cents per kilowatt-hour. "We are pleased to have reached agreements with more than 130 of our small power producers," said Joe Henri, the Pacific Gas and Electric Company's director of electric portfolio manage- ment. "This will help bring stability to the market and al- low our customers to receive reliable power at reasonable COSts." The 131 QF contracts repre- sent a nameplate capacity of By Dave Kell courts on a statewide level 2,950 megawatts compared to StatfWnter and, more specifically, in PG&E's total QF contract The Plumas County drug Plumas County," said Greg nameplate capacity of 4,400 court program has a higher Hagwood, the county's drug megawatts. On an average rate of success than its coun- court coordinator "Drug annual basis, the company terparts in the state, court can alter and change receives approximately 2,400 megawatts from all of its QFs, According to the state, behavior. It's statistically and the 131 QFs represent ap- nearly 98 percent of the drug proven" proximately 1,600 megawatts tests administered to local Another means of assess- of the totalamount, drug court participants have ing success--arrests--shows Each of the agreements re- clean results, that Plumas County is ahead quires formal approva] from Throughout the state, 95 of the pack in California. the U.S. Bankruptcy Court. percent of the tests cameWhile nearly 11 percent of Several of the agreements back clean, all drug participants in Call- have already been approved, The evaluation of the fornia were arrested at some and the company will be state's drug court program point within two years ofen- making filings for the re- measures results during a re- tering the drug court pro- mainder in the near future, cent 12-month period, gram, Plumas County had ze- ro arrests. "These numbers are evi- Hagwood said Plumas dence of success for drug I By Dave Keller Staff Writer Quincy resident Stuart Kirk was placed on probation last week for five years for a felony burglary conviction. Among the conditions of probation is that Kirk will be required to enter the drug program. In addition, Plumas County Superior Court Judge Ira R. Kaufman ordered Kirk to serve a year in county jail. But Kaufman stayed all but the 132 days, which Kirk al- ready has served. Normally, a burglary of this kind could result in three years in state prison. ,q MorganStanley 800- 733-6126 RICHARD D. 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. M~ Sm~-y is I m n~t of Moqpm Swley l~n Win~ & Co. Scrvi~ at~ offc~. M~ S~k'y DW I~., ~ SLIP(:. O ZOOI Moqpa S~k.y ~ I~. Call for resen dons Awad- r Pzson I~0 dfl~e aew~ mo~ CASINO RESORt RENO Count y's s ucc~g traced to several C pll First, it's the the county, wh! sa smaller pool of ]LT_ pants than u,-ger HBut, more l tn agwood said, high level of CORd, here." He specificalff tin the efforts of a.! ney James RelCl a cou Judge drug court Barbara Palme probation depart. "The drug co a reflection commitment, This hospital is a testament to what a can do when it works together to reach a After many.years of hard work and perseveran#[i the building was completed and the hospital opened in August of 1971. In the years since, it has been the support of the community, the work of the Auxiliary, and the dedication of our ~ that has kept the doors of this hospital open. We appreciate the understanding and support we enjoy in this community: As partners, we must continue to work together ti insure that we always have quality health care ava=lable in Eastern Plumas County "People Helping I Hospital 500 rtrst Avenue Portola 96122 5,30-832-4277 ~,,...,,sgJi i" Portola Medical & Dental Clinics 480 Ftrst Avenue Portola 96122 Graeagte Medical CJinie 7597 Highway 89 Graeagie 96103 Home Health Care 181 Sierra Portola 800-767-8909