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Feather River Bulletin
Quincy, California
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August 15, 2001     Feather River Bulletin
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August 15, 2001
 

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6A Wednesday, Aug. 15, 2001 Court News l ]gave Keller Staff Writer Dr. Richard Musselman, the former Indian Valley Hos- pital surgeon, must be held to answer for felony battery, felony assault with intent to cause bodily harm and felony burglary, a judge ruled last week. On Aug. 9, Judge William Pangman turned away Mus- selman's attempt to set aside an earlier order by another judge. In doing so, Pangman ruled that Judge Ann Rutherford made the right decision when she ordered Musselman in May to answer to the three felonies. That sets the stage for a ju- ry trial for Musselman in Oc- tober. Musselman is accused of entering a Quincy business in April and beating chiro- practor John Bergstrand in- side a dressing room. Bergstrand sustained a bro- ken nose, cracked ribs and other injuries. Nevertheless, Musselman and defense lawyer Laurence J. Lichter contended that there is not enough evidence to hold the defendant to an- swer to the charges. At the Aug. 9 hearing, Lichter argued that Mussel- man went to the health club to see his wife, whom he ex- pected to see playing racquet- ball with Bergstrand. Instead, Lichter claims that Musselman unintentionally encountered Bergstrand in a dressing room and responded to Bergstrand's provocations. Lichter argued that Mussel- man did not go to the club with the intention of beating up Bergstrand. "Intent appears to be lack- ing" on Musselman's part, Lichter said, In contrast, District Attor- ney James Reichle argued that there is no evidence that Bergstrand provoked Musse - idence shows Musselman's objective the day of the al- leged crime was to find Bergstrand at the health club. "There's no question that Dr. Musselman intended to conff-ont Bergstrand," Reichle said. "There's evidence that he intended to do what he did--commR harm." By Dave Keller The reports were ordered by Kauf- ing statements by Dickey-O'Brien. Staff Writer man for.use should the defendant be But Kaufman reminded Hilde that Psychological assessments of tour- convicted f slaying Mark Levitoff Cunan cannot use the information in der suspect Rain Dancer Dickey- and a jury be'required to determine the reports unless a jury convicts O'Brien by two doctors are not confi- Dickey-O'Brien's mental state at the Dickey-O'Brien and the defendant's dential, Plumas County Superior time of the alleged murder, sanity is then called into question by Court Judge Ira R. Kaufman has That entitles the district attorney Hilde. ruled, to see the reports, Kaufman said. Cunan also can use the information Kaufman said no to defense attar- Othdrwise, Deputy District Attar- if Hilde tries, before the jury reaches hey Janet Hilde's request to shroud ney Jeff Cunan, who is prosecuting a verdict, to use information about two doctors' reports about Dickey- the case, could not prepare for that the defendant's mental state. O'Brien from the Plumas County Dis- phase of the trial. Kaufman ordered the two doctors trict Attorney. Hilde said she was concerned that to submit their reports to the court by "It's not confidential," Kaufman Cunan, by getting the reports, could Sept. 28. said during his Aug. 9 ruling, have access to potentially incriminat- In addition to the ruling, Kaufman By Dave Keller not someone with a history of Staff Writer violence and that her offense A 58-year-old woman who was the result of alcohol use. shot at a Taylorsville house As a result, Britton urged earlier this year was ordered the judge to limit Nelson's jail last week to serve a year in time to six months. county jail. Britton told Kaufman that The punishment is part of a the law under which Nelson decision by Plumas County is being punished was de- Superior Court Judge Ira R. signed for big cities and de- Kaufman to place Eleanor fendants who are members of Nelson on probation for five street gangs, not 58-year-old years, women who made mistakes. Kaufman told Nelson that But Kaufman disagreed, she will be allowed to serve saying that Nelson needed to some of her jail time in a re- be punished and that her case habilitation center, needs to be seen as an exam- Kaufman issued the jail pie. sentence, even though de- "There has to be sufficient fense attorney Laverne Brit- punishment," Kaufman said. ton argued for leniency. "A year for this type of of- Britton called Nelson "very fense is lenient." remorseful" about shooting a In larger counties, Kauf- firearm at someone's home man said, Nelson would be She also said that Nelson is going to prison ffi9 Our compliments to all the young people for their hard work at the Lassen County and Plumas-Sierra County Fairs! From all of us at Open Every Day 10 am - 6 pm THE PLUMAS PINES WOMEN'S GOLF CLUB would like to thank the following contributors to the 18th Annual Invitational on August 6 & 7, 2001 Advanced Massage Therapy (Delleker) The Iron Door (Johnsville) Anderson Nursery (Blaitsden) Kchoe Pharmacy (Portola) Arrow Creek Golf Course (Reno) Lila's Garden (Graeagle) Ascuaga's Nugget (Sparks) Line-Up, Susan Bursa Atlantis Hotel & Casino (Reno) The Lodge at Whitehawk (Clio) B.K. Brazzo (Portals) Longboards Bar & Grill (Blairsden) The Black Bear Trading Co. (Graeagle) The Mill Works (Graeagle) Blairsden Mercantile (Blairsden) Mohawk Care (Blairsden) Brandon Bowling (Blairsden) Mt. Shasta Golf Course (Mt. Shasta) Cafe Mohawk (Graeagle) Nicole's Cafe (Portola) Carson Nugget Inn & Casino (Carson City) Panache Day Spa (Portola) Carson Valley Inn (Carson City) Piumas Bank (Quincy) Casa Carmclita (Portola) Coyote Bar & Grill (Graeagle) Plumas Pines Golf Resort Plumas Pines Realty, Inc. (Blairsden) D'Andrea Golf Course (Sparks) Plumas Pines Women's Golf Club The Dragon at Gold Mountain Reno-Hilton (Reno) Eagle Valley Golf Course (Carson City) Feather River Inn (Blairsden) Reno-Tahoe Golf Headquarters (Reno) Sierra Valley Physical Therapy (Dellekcr) Feathers (Graeagle) Fidelity Title (Graeagle) Silver Legacy Hotel & Casino (Reno) The Friendship Shop (Portals) Sirn Sheppard (Graeagle) Graeagle Associates (Graeagle) Squirrel's Nest (Graeagle) Graeagle Gift Shop (C,-raeagle) Susan Bursa Graeagle Hair Co. (Graeagle) Tangles (eortola) Graeagle Real Estate (Blairsden) Trager Body Massage (Graeagle) Graeagle Store (Graeagle) The Village Baker (Blairsden) Graeagle Vacation R atals (Blairsden) The Village Green (Portola) The Grizzly Grill (Blairsden) Whitehawk Golf Club (Clio) High Sierra Books (Portola) Whitehurst & Associates (Graeagle) also postponed Dickey-O from Oct. 2 to Oct. 23 ' The judge also annottna trial will be conducted fa week--Tuesday to FridaY. Both Cunan and Hilde J Rq g ~1 ra tl ['t lu h;t er ec the first phase of the trit ~lon, 1 about two weeks. Jba's A Dickey-O'Brien is accUSe * u tal shooting of Levitoff, resident, more than 18 Lake Almanor. The Honker Boat Launch are coordinating modifica-.Service, is funded ,l h' at Lake Davis will be tern- tions to the Camp Five boat fornia State porarily closed Aug. 16-24. launch facility on the west Boating and wate! zryc According to Angle Dilling- side of the lake so that more informatia .._ee o ,Will ii ham, Beckwourth District launching in thelake will not recreatmn opP _. Whilvl ,., Ranger, the work includes re- be interrupted. The HonkerLake Davis and tlle~lll~, _~" habilitation of the boat ramp, launch facility will be closed ing area, contact a,t ]us construct*on or a .ew a .o * no a am mi -. wou t rest room facility with show- September for paving. (530) 836-2575 o ers and a fish cleaning sta- The Honker Boat Launch Plumas Chamber!E - t tion. . project, located on land ad-* merce at (530)832 tiO-1 Ranger district employees ministered by the U.& Forest- | J Sim Sheppard's in Graeagle Everything in the, store is 50% OFF or more! (Limited to stock on hand) Hours: Thurs. & Fri. 1 pm - 4 pm Sat. 11 am - 4 pm Thanks for your patronage over the past ten years! It has been a treat working with so many of you 118 Highway 89, Graeagle : ; * .... 't 7 - Be sure your child is protected from disease. afore they're 2 years old, children need immunizations to 111 10 diseases, in some cases, this requires more than one doSe:[ ! vaccine, but several immunizations can often be given at one ] What if you miss a vaccine? If you get behind schedule, you don to start over. You can make them up. Your child can receive the ] he or she has missed - even if it's two or three - typically in one to the clinic, without fear of increasing reactions. Our doctors immunization opportunity to check the child s healthy growth development and discuss health issues with parents. The physicians of the Portola and Graeagle Medical Clinics provide examinations and see to it that your child is up to date on all his or childhood immunizations. Make sure your child is protected against fatal childhood diseases. Call today to schedule an appointment. Eastern Plumas Health "'People Helping People" Acute Care Ilospltal 24 Ilour Emergency and Ambulance Service Skilled Nursing Facility Family Practice Internal Medicine Pediatrics General Surgery General I)entislrY (~astrl~cnterology -*Orthopedics Cardiology Prenatal Care Radiology Ilomc Ilealth {;arc Dietetics Podiatry Diabetic Counseling Ilomc Oxygen Ultrasound Mammography CF Scanner Medical Supplies I,ahoratory Services Hospital 500 First Avenue Portola. California 96122 530 832 4277 Portola Medical Clinic 480 First Avenue Portola. California 96122 530 832 Graeagle Medical Clinic 7597 Highway 89 Graeagle. California 96103 * 530