mercurynews--2020-11-23--GSA official allows Biden transition to officially begin

By Matthew Daly , Zeke Miller and Mary Clare Jalonick | Associated Press WASHINGTON — The General Services Administration ascertained Monday that President-elect Joe Biden is the “ apparent winner ” of the Nov. 3 election , clearing the way for the start of the transition from President Donald Trump ’ s administration and allowing Biden to coordinate with federal agencies on plans for taking over on Jan. 20 .
Trump , who had refused to concede the election , said in a tweet that he is directing his team to cooperate on the transition but is vowing to keep @ @ @ @ @ @ @ made the determination after Trump efforts to subvert the vote failed across battleground states , citing , “ recent developments involving legal challenges and certifications of election results.
” Michigan certified Biden ’ s victory Monday , and a federal judge in Pennsylvania tossed a Trump campaign lawsuit on Saturday seeking to prevent certification in that state .
Yohannes Abraham , the executive director of the Biden transition , said in a statement that the decision “ is a needed step to begin tackling the challenges facing our nation , including getting the @ @ @ @ @ @ @ on track.
” He added : “ In the days ahead , transition officials will begin meeting with federal officials to discuss the pandemic response , have a full accounting of our national security interests , and gain complete understanding of the Trump administration ’ s efforts to hollow out government agencies.
” Murphy , a Trump appointee , had faced bipartisan criticism for failing to begin the transition process sooner , preventing Biden ’ s team from working with career agency officials on plans for his administration , including in critical national @ @ @ @ @ @ @ Please know that I came to my decision independently , based on the law and available facts .
I was never directly or indirectly pressured by any Executive Branch official—including those who work at the White House or GSA—with regard to the substance or timing of my decision , ” Murphy wrote in a letter to Biden .
Trump tweeted shortly after her letter was made public : “ We will keep up the good fight and I believe we will prevail !
Nevertheless , in the best interest of our Country , @ @ @ @ @ @ @ team do what needs to be done with regard to initial protocols , and have told my team to do the same.
” Pressure had been mounting on Murphy as an increasing number of Republicans , national security experts and business leaders said it was time for that process to move forward .
Retiring Tennessee Sen. Lamar Alexander , who has repeatedly called for the transition to begin , released a new statement Monday saying that Trump should “ put the country first ” and help Biden ’ s administration succeed .
“ @ @ @ @ @ @ @ people remember the last thing you do , ” Alexander said .
Republican Sen .
Rob Portman of Ohio on Monday called for Murphy to release money and staffing needed for the transition .
Portman , a senior member of the Senate Homeland Security and Governmental Affairs Committee , also said Biden should receive high-level briefings on national security and the coronavirus vaccine distribution plan .
Alexander and Portman , who have both aligned themselves with Trump , joined a growing number of Republican officials who in recent days have urged Trump to @ @ @ @ @ @ @ Moore Capito , R-W.Va. , also urged a smooth transition , saying in a statement Monday that “ at some point , the 2020 election must end.
” Meanwhile , more than 160 business leaders asked Murphy to immediately acknowledge Biden as president-elect and begin the transition to a new administration .
“ Withholding resources and vital information from an incoming administration puts the public and economic health and security of America at risk , ” the business letters said in an open letter to Murphy .
Separately , more than 100 Republican @ @ @ @ @ @ @ Homeland Security Director Tom Ridge , former CIA Director Michael Hayden and former Director of National Intelligence John Negroponte — said in a statement that Trump ’ s refusal to concede and allow for an orderly transition “ constitutes a serious threat ” to America ’ s democratic process .
The officials signing the letter worked under four Republican presidents , including Trump .
The statement called on “ Republican leaders — especially those in Congress — to publicly demand that President Trump cease his anti-democratic assault on the integrity of the presidential @ @ @ @ @ @ @ accept defeat and launched a series of losing court battles across the country making baseless claims of widespread voter fraud and seeking to overturn the election results .
Murphy missed a deadline on Monday set by House Democrats to brief lawmakers about the delay in beginning the transition , which is usually a routine step between the election and the inauguration .
A spokeswoman for the GSA said that a deputy administrator would instead hold two separate briefings for House and Senate committees on Nov. 30 .
In response , the Democratic chairs @ @ @ @ @ @ @ could reschedule the meeting for Tuesday , but no later .
“ We can not wait yet another week to obtain basic information about your refusal to make the ascertainment determination , ” the Democrats said in a letter to Murphy .
“ Every additional day that is wasted is a day that the safety , health , and well-being of the American people is imperiled as the incoming Biden-Harris administration is blocked from fully preparing for the coronavirus pandemic , our nation ’ s dire economic crisis , and our national security.
@ @ @ @ @ @ @ prudent ” for GSA to begin the transition process immediately .
“ Donald Trump is our president until Jan. 20 , 2021 , but in the likely event that Joe Biden becomes our next president , it is in the national interest that the transition is seamless and that America is ready on Day One of a new administration for the challenges we face , ” Portman wrote in an op-ed calling for the transition to begin .
Murphy ’ s ascertainment will free up money for the transition and clear the way @ @ @ @ @ @ @ placing transition personnel at federal agencies .
Trump administration officials had said they would not give Biden the classified presidential daily briefing on intelligence matters until the GSA makes the ascertainment official .
“ Now that GSA Administrator Emily Murphy has fulfilled her duty and ascertained the election results , the formal presidential transition can begin in full force , ” said Max Stier , president and CEO of the nonpartisan Partnership for Public Service .
“ Unfortunately , every day lost to the delayed ascertainment was a missed opportunity for the outgoing @ @ @ @ @ @ @ to meet our country ’ s greatest challenges .
The good news is that the president-elect and his team are the most prepared and best equipped of any incoming administration in recent memory.
” Among those signing the letter from business leaders were Jon Gray , president of the Blackstone private equity firm ; Robert Bakish , president and CEO of ViacomCBS Inc. ; Henry Kravis , the co-chief executive of Kohlberg Kravis Roberts & Co. , another private equity giant ; David Solomon , CEO at Goldman Sachs ; and George H. @ @ @ @ @ @ @ Neuberger Berman and a second cousin to former President George W. Bush .

By Matthew Daly, Zeke Miller and Mary Clare Jalonick | Associated Press
WASHINGTON — The General Services Administration ascertained Monday that President-elect Joe Biden is the “apparent winner” of the Nov. 3 election, clearing the way for the start of the transition from President Donald Trump’s administration and allowing Biden to coordinate with federal agencies on plans for taking over on Jan. 20.
Trump, who had refused to concede the election, said in a tweet that he is directing his team to cooperate on the transition but is vowing to keep up the fight.
Administrator Emily Murphy made the determination after Trump efforts to subvert the vote failed across battleground states, citing, “recent developments involving legal challenges and certifications of election results.” Michigan certified Biden’s victory Monday, and a federal judge in Pennsylvania tossed a Trump campaign lawsuit on Saturday seeking to prevent certification in that state.
Yohannes Abraham, the executive director of the Biden transition, said in a statement that the decision “is a needed step to begin tackling the challenges facing our nation, including getting the pandemic under control and our economy back on track.”
He added: “In the days ahead, transition officials will begin meeting with federal officials to discuss the pandemic response, have a full accounting of our national security interests, and gain complete understanding of the Trump administration’s efforts to hollow out government agencies.”
Murphy, a Trump appointee, had faced bipartisan criticism for failing to begin the transition process sooner, preventing Biden’s team from working with career agency officials on plans for his administration, including in critical national security and public health areas.
“Please know that I came to my decision independently, based on the law and available facts. I was never directly or indirectly pressured by any Executive Branch official—including those who work at the White House or GSA—with regard to the substance or timing of my decision,” Murphy wrote in a letter to Biden.
Trump tweeted shortly after her letter was made public: “We will keep up the good fight and I believe we will prevail! Nevertheless, in the best interest of our Country, I am recommending that Emily and her team do what needs to be done with regard to initial protocols, and have told my team to do the same.”
Pressure had been mounting on Murphy as an increasing number of Republicans, national security experts and business leaders said it was time for that process to move forward.
Retiring Tennessee Sen. Lamar Alexander, who has repeatedly called for the transition to begin, released a new statement Monday saying that Trump should “put the country first” and help Biden’s administration succeed.
“When you are in public life, people remember the last thing you do,” Alexander said.
Republican Sen. Rob Portman of Ohio on Monday called for Murphy to release money and staffing needed for the transition. Portman, a senior member of the Senate Homeland Security and Governmental Affairs Committee, also said Biden should receive high-level briefings on national security and the coronavirus vaccine distribution plan.
Alexander and Portman, who have both aligned themselves with Trump, joined a growing number of Republican officials who in recent days have urged Trump to begin the transition immediately. Sen. Shelley Moore Capito, R-W.Va., also urged a smooth transition, saying in a statement Monday that “at some point, the 2020 election must end.”
Meanwhile, more than 160 business leaders asked Murphy to immediately acknowledge Biden as president-elect and begin the transition to a new administration. “Withholding resources and vital information from an incoming administration puts the public and economic health and security of America at risk,” the business letters said in an open letter to Murphy.
Separately, more than 100 Republican former national security officials — including former Homeland Security Director Tom Ridge, former CIA Director Michael Hayden and former Director of National Intelligence John Negroponte — said in a statement that Trump’s refusal to concede and allow for an orderly transition “constitutes a serious threat” to America’s democratic process. The officials signing the letter worked under four Republican presidents, including Trump.
The statement called on “Republican leaders — especially those in Congress — to publicly demand that President Trump cease his anti-democratic assault on the integrity of the presidential election.”
Trump had publicly refused to accept defeat and launched a series of losing court battles across the country making baseless claims of widespread voter fraud and seeking to overturn the election results.
Murphy missed a deadline on Monday set by House Democrats to brief lawmakers about the delay in beginning the transition, which is usually a routine step between the election and the inauguration. A spokeswoman for the GSA said that a deputy administrator would instead hold two separate briefings for House and Senate committees on Nov. 30.
In response, the Democratic chairs of four committees and subcommittees said they could reschedule the meeting for Tuesday, but no later.
“We cannot wait yet another week to obtain basic information about your refusal to make the ascertainment determination,” the Democrats said in a letter to Murphy. “Every additional day that is wasted is a day that the safety, health, and well-being of the American people is imperiled as the incoming Biden-Harris administration is blocked from fully preparing for the coronavirus pandemic, our nation’s dire economic crisis, and our national security.”
Portman said it was “only prudent” for GSA to begin the transition process immediately.
“Donald Trump is our president until Jan. 20, 2021, but in the likely event that Joe Biden becomes our next president, it is in the national interest that the transition is seamless and that America is ready on Day One of a new administration for the challenges we face,” Portman wrote in an op-ed calling for the transition to begin.
Murphy’s ascertainment will free up money for the transition and clear the way for Biden’s team to begin placing transition personnel at federal agencies. Trump administration officials had said they would not give Biden the classified presidential daily briefing on intelligence matters until the GSA makes the ascertainment official.
“Now that GSA Administrator Emily Murphy has fulfilled her duty and ascertained the election results, the formal presidential transition can begin in full force,” said Max Stier, president and CEO of the nonpartisan Partnership for Public Service. “Unfortunately, every day lost to the delayed ascertainment was a missed opportunity for the outgoing administration to help President-elect Joe Biden prepare to meet our country’s greatest challenges. The good news is that the president-elect and his team are the most prepared and best equipped of any incoming administration in recent memory.”
Among those signing the letter from business leaders were Jon Gray, president of the Blackstone private equity firm; Robert Bakish, president and CEO of ViacomCBS Inc.; Henry Kravis, the co-chief executive of Kohlberg Kravis Roberts & Co., another private equity giant; David Solomon, CEO at Goldman Sachs; and George H. Walker, CEO of the investment firm Neuberger Berman and a second cousin to former President George W. Bush.


mercurynews--2020-11-23--Ken Jennings will be first interim ‘Jeopardy!’ host

NEW YORK — “ Jeopardy !
” record-holder Ken Jennings will be the first in a series of interim hosts replacing Alex Trebek when the show resumes production next Monday .
Producers announced Monday that Jennings , who won 74 games in a row and claimed the show ’ s “ Greatest of All Time ” title in a competition last year , will host episodes that air in January .
A long-term host for Trebek , who died of cancer on Nov. 8 , will be named later .
“ By bringing in familiar guest hosts for the foreseeable @ @ @ @ @ @ @ a sense of community and continuity for our viewers , ” the show ’ s executive producer , Mike Richards , said .
The show is in its 37th year of syndication , and Trebek was its only host .
It is still airing shows that Trebek filmed before his death .
Richards said that “ Jeopardy !
” will air repeat episodes for the holiday weeks beginning Dec. 21 and 28 , meaning Trebek ’ s final week of shows will air starting Monday , Jan. 4 .
Jennings ’ episodes begin @ @ @ @

Associated Press
NEW YORK — “Jeopardy!” record-holder Ken Jennings will be the first in a series of interim hosts replacing Alex Trebek when the show resumes production next Monday.
Producers announced Monday that Jennings, who won 74 games in a row and claimed the show’s “Greatest of All Time” title in a competition last year, will host episodes that air in January.
A long-term host for Trebek, who died of cancer on Nov. 8, will be named later.
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SAG-AFTRA working to cover reality stars in its contract Entertainment | The writers strike has hit 100 days with no end in sight “By bringing in familiar guest hosts for the foreseeable future, our goal is to create a sense of community and continuity for our viewers,” the show’s executive producer, Mike Richards, said.
The show is in its 37th year of syndication, and Trebek was its only host. It is still airing shows that Trebek filmed before his death.
Richards said that “Jeopardy!” will air repeat episodes for the holiday weeks beginning Dec. 21 and 28, meaning Trebek’s final week of shows will air starting Monday, Jan. 4.
Jennings’ episodes begin on Jan. 11.


mercurynews--2020-11-24--North Bay police free woman during hostage incident

A 37-year old Fairfield man is in custody and his female victim free after the Fairfield Police Department was able to end a hostage incident early Monday afternoon at the apartment complex in the 2000 block of Clay Bank Road .
According to Fairfield Police Lt. Jausiah Jacobsen , patrol officers responded to the Avery Park Apartments at 10:34 a.m. to perform a welfare check for a disturbance at an apartment within the complex .
“ While officers were trying to deal with the disturbance other residents began telling them that there was something going on at the building , @ @ @ @ @ @ @ into a hostage situation where they actually saw the suspect with a gun and the gun to a lady ’ s head , ” Crisis negotiators and their SWAT team were called out to the scene and got their drones into the air to provide additional support to the officers on the ground .
“ We started talking with him to try and communicate with him and saw her coming in and out but it was quite apparent that she couldn ’ t leave , ” Jacobsen said .
“ He ultimately gave @ @ @ @ @ @ @ ” At one point during the incident , the suspect told police that , “ if you guys come in , I ’ ll kill her.
” Jacobsen indicated that there is a relationship between the suspect and the victim but was unsure if they were married or boyfriend and girlfriend .
The suspect , Dennis Lagahit , 37 , has a violent history and is known to the department , Jacobsen said .
He will be charged with assault with a deadly weapon , domestic violence battery , false imprisonment , possession @ @ @ @ @ @ @ and a violation of a domestic violence restraining order , hostage taking .
The victim was transported to a local trauma center to be treated for severe injuries .

A 37-year old Fairfield man is in custody and his female victim free after the Fairfield Police Department was able to end a hostage incident early Monday afternoon at the apartment complex in the 2000 block of Clay Bank Road.
According to Fairfield Police Lt. Jausiah Jacobsen, patrol officers responded to the Avery Park Apartments at 10:34 a.m. to perform a welfare check for a disturbance at an apartment within the complex.
“While officers were trying to deal with the disturbance other residents began telling them that there was something going on at the building,” Jacobsen said. “It turned into a hostage situation where they actually saw the suspect with a gun and the gun to a lady’s head,”
Crisis negotiators and their SWAT team were called out to the scene and got their drones into the air to provide additional support to the officers on the ground.
“We started talking with him to try and communicate with him and saw her coming in and out but it was quite apparent that she couldn’t leave,” Jacobsen said. “He ultimately gave up, which is great for everybody.”
At one point during the incident, the suspect told police that, “if you guys come in, I’ll kill her.”
Jacobsen indicated that there is a relationship between the suspect and the victim but was unsure if they were married or boyfriend and girlfriend.
The suspect, Dennis Lagahit, 37, has a violent history and is known to the department, Jacobsen said. He will be charged with assault with a deadly weapon, domestic violence battery, false imprisonment, possession of a firearm by a felon, and a violation of a domestic violence restraining order, hostage taking.
The victim was transported to a local trauma center to be treated for severe injuries.


mercurynews--2020-11-24--Editorial: Bay Area shelter order needed to stop the spread of COVID-19

As the coronavirus spreads rapidly across the nation , the state and the Bay Area , it ’ s time for the region ’ s health officials to take action as they they did in March .
With the absence of any leadership from President Donald Trump , and with Gov .
Gavin Newsom ’ s bumbling and timidity , it ’ s time for Bay Area leaders to pave the way , much as they did at the onset of the pandemic .
It seems that it ’ s not a question of if a shelter-in-place order will be @ @ @ @ @ @ @ matter of when .
And the sooner health officials act , the better the chances of flattening the curve , sparing our hospitals from being overwhelmed , and saving lives .
In the past month , the number of coronavirus cases in the country , California and the Bay Area has approximately tripled .
The nation and state are at unprecedented case levels ; the Bay Area is close .
It ’ s not just that more people are being tested .
It ’ s also that the portion of tests coming back @ @ @ @ @ @ @ , roughly doubling in the past month in both the nation and California .
Daily deaths across the nation have also roughly doubled , reaching the worst levels since mid-May .
The rise in California hasn ’ t been as quick , but the effects of the latest surge on our state have lagged much of the nation .
There are clear signs that California fatalities will soon follow the national trend .
Statewide hospitalization rates are increasing rapidly as are the number of coronavirus patients in intensive care .
Ditto for the @ @ @ @ @ @ @ s health officer , Dr. Sara Cody , warned last week that on her county ’ s current trajectory , it would run out of hospital capacity in three weeks .
All that is before Thanksgiving holiday gatherings , the Black Friday shopping rush , interstate travelers penetrate the region and the state , and the weather turns seriously colder , forcing more people indoors .
The holiday season could become the nation ’ s worst super-spreader event .
Local , state and national health officials have been pleading with people to stay @ @ @ @ @ @ @ of their household — or no more than two other households outdoors and socially distanced .
But we already know that too many are selfishly ignoring those requests .
To counter that , California health officials have moved most counties into the most-restrictive purple tier of the governor ’ s risk-level indicators .
That affects 94 % of the state ’ s population , including every Bay Area county except Marin , San Francisco and San Mateo .
And while the first two of those are not waiting on the state to ratchet @ @ @ @ @ @ @ to balk at decisive action .
Meanwhile , for those purple counties , the governor last week imposed a curfew from 10 p.m. to 5 a.m. on non-essential work , movement and gatherings .
It seemed to be aimed at gathering places like bars and restaurants , but , in purple counties , indoor activities there were already prohibited at any hour .
Sure , the curfew can ’ t hurt .
But Dr. Mark Ghaly , the secretary of health and human services , could offer no statistical evidence it would help @ @ @ @ @ @ @ more restrictions could be coming , but they ’ re not saying what and when .
Meanwhile , their color-coding system is not stemming the virus .
Which brings us to the need for a Bay Area shelter order .
Clearly , no one wants to shut down much of the economy .
And we ’ ve learned more about the virus since the spring .
But the fundamentals have not changed .
We ’ ve already demonstrated that we can flatten the curve by sheltering .
This fall , Europe showed again @ @ @ @ @ @ @ as cases , infection rates and deaths are all rising quickly , and hospitals are starting to fill — is the time to get ahead of this .
The longer we wait , the bigger the problem will become , the harder it will be to control the virus .

Mercury News & East Bay Times Editorial Boards

As the coronavirus spreads rapidly across the nation, the state and the Bay Area, it’s time for the region’s health officials to take action as they they did in March.
With the absence of any leadership from President Donald Trump, and with Gov. Gavin Newsom’s bumbling and timidity, it’s time for Bay Area leaders to pave the way, much as they did at the onset of the pandemic.
It seems that it’s not a question of if a shelter-in-place order will be necessary, it’s only a matter of when. And the sooner health officials act, the better the chances of flattening the curve, sparing our hospitals from being overwhelmed, and saving lives.
In the past month, the number of coronavirus cases in the country, California and the Bay Area has approximately tripled. The nation and state are at unprecedented case levels; the Bay Area is close.
It’s not just that more people are being tested. It’s also that the portion of tests coming back positive for the virus is rising rapidly, roughly doubling in the past month in both the nation and California.
Daily deaths across the nation have also roughly doubled, reaching the worst levels since mid-May. The rise in California hasn’t been as quick, but the effects of the latest surge on our state have lagged much of the nation.
There are clear signs that California fatalities will soon follow the national trend. Statewide hospitalization rates are increasing rapidly as are the number of coronavirus patients in intensive care. Ditto for the Bay Area. Santa Clara County’s health officer, Dr. Sara Cody, warned last week that on her county’s current trajectory, it would run out of hospital capacity in three weeks.
All that is before Thanksgiving holiday gatherings, the Black Friday shopping rush, interstate travelers penetrate the region and the state, and the weather turns seriously colder, forcing more people indoors. The holiday season could become the nation’s worst super-spreader event.
Local, state and national health officials have been pleading with people to stay home and celebrate Thanksgiving with only members of their household — or no more than two other households outdoors and socially distanced. But we already know that too many are selfishly ignoring those requests.
To counter that, California health officials have moved most counties into the most-restrictive purple tier of the governor’s risk-level indicators. That affects 94% of the state’s population, including every Bay Area county except Marin, San Francisco and San Mateo. And while the first two of those are not waiting on the state to ratchet back, San Mateo County officials continue to balk at decisive action.
Meanwhile, for those purple counties, the governor last week imposed a curfew from 10 p.m. to 5 a.m. on non-essential work, movement and gatherings. It seemed to be aimed at gathering places like bars and restaurants, but, in purple counties, indoor activities there were already prohibited at any hour.
Sure, the curfew can’t hurt. But Dr. Mark Ghaly, the secretary of health and human services, could offer no statistical evidence it would help. He and Newsom have warned that more restrictions could be coming, but they’re not saying what and when. Meanwhile, their color-coding system is not stemming the virus.
Which brings us to the need for a Bay Area shelter order. Clearly, no one wants to shut down much of the economy. And we’ve learned more about the virus since the spring. But the fundamentals have not changed.
We’ve already demonstrated that we can flatten the curve by sheltering. This fall, Europe showed again that the strategy works.
Now — as cases, infection rates and deaths are all rising quickly, and hospitals are starting to fill — is the time to get ahead of this. The longer we wait, the bigger the problem will become, the harder it will be to control the virus.


mercurynews--2020-11-24--Marin man convicted of killing his brother arrested for threatening to kill another family member

A Marin County man who killed his brother in 2015 is back in jail on allegations he threatened to shoot a family member .
Johnson Gibbs , 47 , of Strawberry was booked into the county jail after running through the neighborhood in an effort to escape deputies , said sheriff ’ s Sgt .
Brenton Schneider .
The incident happened Sunday morning at the family ’ s home on Bayview Terrace .
A family member called authorities to report the alleged threat and request that Gibbs be detained on a mental health hold .
Deputies found Gibbs in the @ @ @ @ @ @ @ through yards and over fences before using a ladder to climb on a neighbor ’ s roof .
“ Gibbs repeatedly stated he was not going to jail and asked for deputies to shoot him , ” Schneider said .
Deputies talked him off the roof in about 15 minutes .
They did not see or find a gun .
Gibbs was booked on suspicion of criminal threats and resisting arrest .
He remained in custody Monday in lieu of $ 50,000 bail .
The Strawberry residence was where Gibbs fatally shot his @ @ @ @ @ @ @ had gone to investigate an outburst by his brother in the middle of the night .
He took a gun .
The defense said Allison Gibbs had a history of methamphetamine use , deranged behavior , explosive rage and threats against family members .
When Johnson Gibbs approached the bottom of the stairs , his brother suddenly appeared in front of him , and the gun went off accidentally , according to the defense .
• A man allegedly chucked a bag of meth , pot , tobacco , and a cellphone into @ @ @ @ @ @ @ he ’ s in jail too • GSA official allows Biden transition to officially begin The prosecution charged Gibbs with murder with a firearm , a set of charges that carried a potential sentence of 50 years to life .
A jury convicted him of involuntary manslaughter with a firearm .
A judge sentenced Gibbs to five years in state prison — two for involuntary manslaughter and three for the gun enhancement .
The gun enhancement was dismissed later after a change in the law made it no longer mandatory , said Jon @ @ @ @ @ @ @ Gibbs in the homicide .
Gibbs is a computer programmer and served in the U.S. Marine Corps from 1998 to 2006 .

A Marin County man who killed his brother in 2015 is back in jail on allegations he threatened to shoot a family member.
Johnson Gibbs, 47, of Strawberry was booked into the county jail after running through the neighborhood in an effort to escape deputies, said sheriff’s Sgt. Brenton Schneider.
The incident happened Sunday morning at the family’s home on Bayview Terrace. A family member called authorities to report the alleged threat and request that Gibbs be detained on a mental health hold.
Deputies found Gibbs in the street outside the home. He fled through yards and over fences before using a ladder to climb on a neighbor’s roof.
“Gibbs repeatedly stated he was not going to jail and asked for deputies to shoot him,” Schneider said.
Deputies talked him off the roof in about 15 minutes. They did not see or find a gun.
Gibbs was booked on suspicion of criminal threats and resisting arrest. He remained in custody Monday in lieu of $50,000 bail.
The Strawberry residence was where Gibbs fatally shot his brother Allison five years ago. Gibbs had gone to investigate an outburst by his brother in the middle of the night. He took a gun.
The defense said Allison Gibbs had a history of methamphetamine use, deranged behavior, explosive rage and threats against family members. When Johnson Gibbs approached the bottom of the stairs, his brother suddenly appeared in front of him, and the gun went off accidentally, according to the defense.
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Giuliani: Legal quagmires have left him broke Crime and Public Safety | Oakland nonfatal shooting suspect hit with federal gun possession charges The prosecution charged Gibbs with murder with a firearm, a set of charges that carried a potential sentence of 50 years to life. A jury convicted him of involuntary manslaughter with a firearm.
A judge sentenced Gibbs to five years in state prison — two for involuntary manslaughter and three for the gun enhancement. The gun enhancement was dismissed later after a change in the law made it no longer mandatory, said Jon Rankin, a defense attorney who represented Gibbs in the homicide.
Gibbs is a computer programmer and served in the U.S. Marine Corps from 1998 to 2006.


mercurynews--2020-11-24--Fishermen in Monterey Bay hit with new wave of Dungeness crab season delays

SANTA CRUZ — You couldn ’ t blame crab fishermen Tim and Dan Obert for feeling like they ’ re passing through the perfect storm .
First there was the pandemic , which shut down restaurants and , in turn , much of the demand for Dungeness crab .
Then a new regulation took effect on Nov. 1 that heavily restricts the Dungeness fishery ’ s operations when whales and sea turtles are around .
Then the state delayed the opening of the Dungeness crab season until after Thanksgiving .
“ If you take all three of those things , @ @ @ @ @ @ @ said Tim Obert , 35 , of Scotts Valley .
“ There will be no crabbers left.
” Dungeness crab in Northern California is an integral and celebrated part of the culture of coastal communities stretching from Monterey to Crescent City .
Wharf restaurants sling crab legs to thousands of tourists in the spring and summer , while bustling seafood markets feed countless locals during the holiday season .
For fishermen who sell fresh crab when the fishery is open November through June , Thanksgiving and Christmas are the biggest moneymakers .
Some @ @ @ @ @ @ @ income is earned in the first couple of months of the season .
“ The Dungeness market drops off big time after Christmas and New Year ’ s , ” said Jeff Bradford , the meat manager at Shopper ’ s Corner in Santa Cruz .
Once the crabs begin to molt in March , he said , “ we just quit buying it.
” And most crabbers move on to catching fish such as salmon , black cod and rockfish , which tides them over until the next crab season .
“ @ @ @ @ @ @ @ profitable fishery we have , ” said Obert , who explained that he and his twin brother , Dan , sell their catch to grocers , who freeze and sell the product all year long .
But Tim Obert ’ s sentiment may not ring as true this year , largely because the pandemic reduced the offseason demand for crab .
When the global shutdown began , restaurants were shuttered , parties canceled and much of the frozen crab that ’ s sold year-round never left the freezers .
The backlog of unsold @ @ @ @ @ @ @ be getting top dollar for their catch from fishmongers , who ultimately set the market price .
“ I think we ’ re gon na see a really depressed market pricewise , ’ ’ said fisherman Khevin Mellegers , 47 , whose boat is docked in the Santa Cruz harbor .
“ That ’ s kind of the rumor on the street.
” But he ’ s more worried about continued delays and fishery closures ordered by the state .
“ You can ’ t make money if you can ’ t go @ @ @ @ @ @ @ a Felton resident .
On Nov. 4 , the California Department of Fish and Wildlife announced that the start of the Central Coast commercial crab season was being postponed from Nov. 15 to Dec. 1 .
The delay was called because aerial and vessel-based surveys done on Oct. 29 estimated there were 345 whales in the area .
Under new regulations , sightings of more than 20 whales or just one leatherback sea turtle per fishing zone trigger immediate action by the state .
Mellegers and the Obert brothers expressed frustration at the @ @ @ @ @ @ @ would allow the department director to shut down the fishery for the entire season if just three humpbacks become entangled in commercial crab gear , regardless of the incident ’ s outcome .
Both men pointed out the lack of strict regulation of Dungeness fisheries in Oregon and Washington state as well as California recreational fishing .
They also noted that entanglements usually aren ’ t fatal and that dozens of whales each year are hit and killed by fast-moving cargo ships and oil tankers .
“ Most of these whale deaths are @ @ @ @ @ @ @ s gon na stop wanting to get their stuff from Target or Walmart , ” Mellegers said .
From 2014 to 2019 , the National Oceanic and Atmospheric Administration reported 163 documented incidents of humpback whale entanglements off the U.S. West Coast .
Roughly half of those whales were wrapped in unidentifiable gear .
Of the gear that was discernible , commercial Dungeness crab gear was behind 55 of the entanglements — by far the largest portion of documented incidents .
And over the past four decades , 85 % of the confirmed @ @ @ @ @ @ @ Before 2017 , the state Department of Fish and Wildlife had “ zero regulations in place to reduce the risk that whales and sea turtles will get tangled up in fishing gear , ” said Kristen Monsell , legal director of the oceans program at the Center for Biological Diversity .
To remedy that , the center filed a 2017 lawsuit to force the state to comply with the U.S .
Endangered Species Act , which prohibits the harassment , harm or killing of federally listed species .
On that list are Pacific @ @ @ @ @ @ @ humpbacks and gray whales .
Though many populations of grays and humpbacks have rebounded , others — including the Central American humpback population that migrates through California waters — have dwindled to a few hundred whales .
“ The federal government has found that these humpback whales have not recovered precisely because of ongoing entanglements in fishing gear , ” Monsell said .
She sees the new regulations as a step in the right direction , but wishes state officials advocated more strongly for ropeless gear , which Monsell believes is a key @ @ @ @ @ @ @ whales .
Gear without ropes is a new innovation that involves remote-operated devices on crab traps that , when triggered , inflate and “ pop up ” to the surface without the need for long ropes .
The alternative gear , however , is still in its developmental infancy and has yet to gain the trust of fishermen , who can ’ t afford to lose their gear or their catch .
“ They ’ re having a lot of issues with them actually popping up , ” Tim Obert said .
“ @ @ @ @ @ @ @ us as fishermen because then we ’ re leaving pots behind for these whales to get entangled in out of season .
That ’ s not something we want to do at all.
” From 1982 to 2014 , the average number of whale entanglements on the West Coast was about nine per year .
From 2014 to 2017 , however , the yearly average jumped to 41 .
Marine scientists say it ’ s likely that the spike in entanglements was partially due to shifting ocean temperatures and anomalies .
One example @ @ @ @ @ @ @ water that in 2015-16 resulted in krill and anchovy concentrations in the North Pacific , luring whales closer to land and into the crab trap ropes .
• Dungeness crab won ’ t be on the Thanksgiving menu this year With continuing environmental uncertainty , shifting migration patterns , increasing restrictions and the threat of ongoing COVID-19 disruptions , many Dungeness operations have jumped ship or moved north of Point Arena , where the catch is better and the whales are fewer .
The permits alone can cost hundreds of thousands of dollars @ @ @ @ @ @ @ for the smaller businesses to switch gears and invest in other fisheries .
“ What I think we ’ re gon na end up seeing is that the majority of the smaller boat operators are going to have a really hard time staying in this business because it is very expensive to participate in , ” Mellegers said .
He and the Obert twins worry that their breadwinning fishery won ’ t carry them much further into the future .
“ I got a 4-year-old boy and an 8-year-old boy and I ’ @ @ @ @ @ @ @ years we ’ ve been out here , ” Mellegers said .
“ Believe me , it ’ s hard when you look at your little guys and you got a mortgage payment and you ’ re thinking : ‘ If they take away 30 % of my season , I ’ m gon na make a whole lot less .
’ ”

SANTA CRUZ — You couldn’t blame crab fishermen Tim and Dan Obert for feeling like they’re passing through the perfect storm.
First there was the pandemic, which shut down restaurants and, in turn, much of the demand for Dungeness crab. Then a new regulation took effect on Nov. 1 that heavily restricts the Dungeness fishery’s operations when whales and sea turtles are around. Then the state delayed the opening of the Dungeness crab season until after Thanksgiving.
“If you take all three of those things, you will destroy this fishery,” said Tim Obert, 35, of Scotts Valley. “There will be no crabbers left.”
Dungeness crab in Northern California is an integral and celebrated part of the culture of coastal communities stretching from Monterey to Crescent City. Wharf restaurants sling crab legs to thousands of tourists in the spring and summer, while bustling seafood markets feed countless locals during the holiday season.
For fishermen who sell fresh crab when the fishery is open November through June, Thanksgiving and Christmas are the biggest moneymakers. Some fishers say 70% of their yearly income is earned in the first couple of months of the season.
“The Dungeness market drops off big time after Christmas and New Year’s,” said Jeff Bradford, the meat manager at Shopper’s Corner in Santa Cruz. Once the crabs begin to molt in March, he said, “we just quit buying it.” And most crabbers move on to catching fish such as salmon, black cod and rockfish, which tides them over until the next crab season.
“Crab is the most lucrative, most profitable fishery we have,” said Obert, who explained that he and his twin brother, Dan, sell their catch to grocers, who freeze and sell the product all year long.
But Tim Obert’s sentiment may not ring as true this year, largely because the pandemic reduced the offseason demand for crab. When the global shutdown began, restaurants were shuttered, parties canceled and much of the frozen crab that’s sold year-round never left the freezers. The backlog of unsold crustaceans means the fishers won’t be getting top dollar for their catch from fishmongers, who ultimately set the market price.
“I think we’re gonna see a really depressed market pricewise,’’ said fisherman Khevin Mellegers, 47, whose boat is docked in the Santa Cruz harbor. “That’s kind of the rumor on the street.”
But he’s more worried about continued delays and fishery closures ordered by the state. “You can’t make money if you can’t go to work,” said Mellegers, a Felton resident.
On Nov. 4, the California Department of Fish and Wildlife announced that the start of the Central Coast commercial crab season was being postponed from Nov. 15 to Dec. 1. The delay was called because aerial and vessel-based surveys done on Oct. 29 estimated there were 345 whales in the area. Under new regulations, sightings of more than 20 whales or just one leatherback sea turtle per fishing zone trigger immediate action by the state.
Mellegers and the Obert brothers expressed frustration at the stringency of the new regulations, which would allow the department director to shut down the fishery for the entire season if just three humpbacks become entangled in commercial crab gear, regardless of the incident’s outcome.
Both men pointed out the lack of strict regulation of Dungeness fisheries in Oregon and Washington state as well as California recreational fishing. They also noted that entanglements usually aren’t fatal and that dozens of whales each year are hit and killed by fast-moving cargo ships and oil tankers.
“Most of these whale deaths are from ship strikes, but nobody’s gonna stop wanting to get their stuff from Target or Walmart,” Mellegers said.
From 2014 to 2019, the National Oceanic and Atmospheric Administration reported 163 documented incidents of humpback whale entanglements off the U.S. West Coast. Roughly half of those whales were wrapped in unidentifiable gear. Of the gear that was discernible, commercial Dungeness crab gear was behind 55 of the entanglements — by far the largest portion of documented incidents. And over the past four decades, 85% of the confirmed whale entanglement reports originated from California.
Before 2017, the state Department of Fish and Wildlife had “zero regulations in place to reduce the risk that whales and sea turtles will get tangled up in fishing gear,” said Kristen Monsell, legal director of the oceans program at the Center for Biological Diversity.
To remedy that, the center filed a 2017 lawsuit to force the state to comply with the U.S. Endangered Species Act, which prohibits the harassment, harm or killing of federally listed species. On that list are Pacific leatherback sea turtles, blue whales, humpbacks and gray whales. Though many populations of grays and humpbacks have rebounded, others — including the Central American humpback population that migrates through California waters — have dwindled to a few hundred whales.
“The federal government has found that these humpback whales have not recovered precisely because of ongoing entanglements in fishing gear,” Monsell said.
She sees the new regulations as a step in the right direction, but wishes state officials advocated more strongly for ropeless gear, which Monsell believes is a key solution to creating a safe fishery for whales.
Gear without ropes is a new innovation that involves remote-operated devices on crab traps that, when triggered, inflate and “pop up” to the surface without the need for long ropes. The alternative gear, however, is still in its developmental infancy and has yet to gain the trust of fishermen, who can’t afford to lose their gear or their catch.
“They’re having a lot of issues with them actually popping up,” Tim Obert said. “That’s the scariest part for us as fishermen because then we’re leaving pots behind for these whales to get entangled in out of season. That’s not something we want to do at all.”
From 1982 to 2014, the average number of whale entanglements on the West Coast was about nine per year. From 2014 to 2017, however, the yearly average jumped to 41.
Marine scientists say it’s likely that the spike in entanglements was partially due to shifting ocean temperatures and anomalies. One example was “The Blob” of warm water that in 2015-16 resulted in krill and anchovy concentrations in the North Pacific, luring whales closer to land and into the crab trap ropes.
With continuing environmental uncertainty, shifting migration patterns, increasing restrictions and the threat of ongoing COVID-19 disruptions, many Dungeness operations have jumped ship or moved north of Point Arena, where the catch is better and the whales are fewer.
The permits alone can cost hundreds of thousands of dollars, so it’s not easy for the smaller businesses to switch gears and invest in other fisheries.
“What I think we’re gonna end up seeing is that the majority of the smaller boat operators are going to have a really hard time staying in this business because it is very expensive to participate in,” Mellegers said.
He and the Obert twins worry that their breadwinning fishery won’t carry them much further into the future.
“I got a 4-year-old boy and an 8-year-old boy and I’ve provided for my family all the years we’ve been out here,” Mellegers said. “Believe me, it’s hard when you look at your little guys and you got a mortgage payment and you’re thinking: ‘If they take away 30% of my season, I’m gonna make a whole lot less.’”


mercurynews--2020-11-24--Auto task force busts suspected Santa Cruz County ‘chop shop’

WATSONVILLE — A 28-year-old Watsonville man was arrested Monday on suspicion of vehicle theft and running a “ chop shop @ @ @ @ @ Cruz County Auto Theft Taskforce took Gustavo Chavez into custody around 10:30 a.m. , relying @ @ @ @ @ Watsonville Police Department .
• ‘ Gilligan ’ s Island ’ and outdoor art at @ @ @ @ @ neighbors During the weekend , Watsonville officers responded to a call at the same Grant @ @ @ @ @ indicators of a chop shop in progress.
” A chop shop references a location where @ @ @ @ @ parts .
The department , along with California Highway Patrol officers , later returned to @ @ @ @ @ probation search and Chavez ’ s subsequent arrest .
At the property , officers located @ @ @ @ @ being dismantled , chopped apart and identified two Hondas that had been stolen , according @ @ @ @ @ the bust .
Chavez on Monday afternoon remained in custody at the Santa Cruz County @ @ @ @ @ of $ 10,000 bail .

WATSONVILLE — A 28-year-old Watsonville man was arrested Monday on suspicion of vehicle theft and running a “chop shop” operation.
The Santa Cruz County Auto Theft Taskforce took Gustavo Chavez into custody around 10:30 a.m., relying on a tip from the Watsonville Police Department. Related Articles Crime and Public Safety | Man shot, killed by Colorado cop was holding a marker, not a weapon
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During the weekend, Watsonville officers responded to a call at the same Grant Street address and observed ” indicators of a chop shop in progress.” A chop shop references a location where stolen vehicles are stripped for parts.
The department, along with California Highway Patrol officers, later returned to the site to conduct a probation search and Chavez’s subsequent arrest. At the property, officers located several cars that were actively being dismantled, chopped apart and identified two Hondas that had been stolen, according to a CHP release on the bust.
Chavez on Monday afternoon remained in custody at the Santa Cruz County Jail, held in lieu of $10,000 bail.


mercurynews--2020-11-24--How the 49ers could make an unlikely playoff push, starting Sunday vs. Rams

SANTA CLARA – The 49ers ’ Last Chance Saloon opens up Sunday in Los Angeles .
It ’ s no dive bar .
Logistically , it ’ s actually in Inglewood at SoFi Stadium , the Rams ’ and Chargers ’ first-year home .
The 49ers ’ inaugural visit must spark a late-season kick if they are to overcome the postseason odds .
The 49ers ( 4-6 ) have never reached the playoffs with seven losses in tow .
That said , the NFL has never reserved room for as many playoff teams as this season .
“ We are @ @ @ @ @ @ @ , ” coach Kyle Shanahan said last Tuesday , before going dark for the bye week .
At least seven teams will make the NFC field , thanks to last May ’ s approval of a third wild-card entry .
An eighth playoff team will be added in each conference if the COVID-19 surge prompts game cancellations .
So , faint light exists , as bleak as this 49ers ’ season looks amid star players ’ injuries , COVID-19 complications ( nine Niners are now on that reserve list ) and double-digit losses @ @ @ @ @ @ @ a row before their bye .
No one expects the 49ers to win out and become the franchise ’ s sixth team to make the playoffs at 10-6 .
Well , no one other than Kyle Shanahan , who ’ s cleverly mentioned that he and his dad , Mike , coached Washington ’ s 2012 team from the 3-6 dregs to a 10-6 final record that earned the NFC East title .
Here are areas that must fall the 49ers ’ way to incredulously land the franchise ’ s 27th postseason berth @ @ @ @ @ @ @ Mostert , wide receiver Deebo Samuel and cornerback Richard Sherman are among those expected to return from injuries and multi-game absences .
Mostert and Samuel have each missed six games , and Sherman hasn ’ t played since hurting his calf in the season opener .
The 49ers have sorely lacked their play-making ability and sheer presence .
Quarterback Jimmy Garoppolo ( ankle ) and tight end George Kittle ( foot ) were feared lost for the season with their Nov. 1 injuries in Seattle , but they haven ’ t been ruled @ @ @ @ @ @ @ helps no matter how remote their comebacks actually are .
More reinforcements should also come with running backs Jeff Wilson and Tevin Coleman , center Ben Garland and special-teams ace Mark Nzeocha .
As for defensive linemen Dee Ford and Ronald Blair , no word yet on if they ’ re in or out for the final push .
The 49ers ’ next three opponents will be coming off cross-country trips , and traveling could get more complicated as COVID-19 cases rise .
The Rams will be coming off a short week of @ @ @ @ @ @ @ .
After that , the 49ers host Buffalo ( Dec. 7 ) and Washington ( Dec. 13 ) .
The Rams are the only NFC West team the 49ers have beaten this season , the third straight win for coach Kyle Shanahan against former protégé Sean McVay .
So the 49ers know this opponent more intimately than any other .
That said , these 49ers are not the ones who raced to a 21-6 halftime lead and prevailed 24-16 on Oct. 18 , when Garoppolo and Kittle excelled .
But the 49ers defense @ @ @ @ @ @ @ that victory .
Topping the Rams , and then beating the Bills in their first Levi ’ s Stadium visit , would mean a win streak .
The 49ers have been streaky under Shanahan : 0-9 start to 2017 , 8-0 start to last season , and , well , the current three-game slide .
The Rams ’ Jared Goff will be without blind-side protector Andrew Whitworth .
Then , presumably , comes Josh Allen , Alex Smith and whoever is quarterbacking the Dallas Cowboys by Dec. 20 .
That lineup is less @ @ @ @ @ @ @ and , for a decisive half , Drew Brees .
Not having Nick Bosa or Dee Ford proved how ineffective the 49ers ’ pass rush would be , unable to finish pursuits the past two months .
But the more that unit ’ s played together , the better chances of meshing for a stretch run .
Now the question is whether COVID-19 quarantine will keep their defensive linemen out of action .
Among the nine Niners on the COVID-19 reserve list are Arik Armstead , Javon Kinlaw , D.J .
Jones and @ @ @ @ @ @ @ game , dating back to last season , looks so much more dangerous with Mostert ’ s speed and vision .
If Wilson and Coleman join Jerick McKinnon , then the 49ers could regain their run-first dominance .
Also helping that rushing resurgence would be an offensive line that started slow this season .
The line ’ s communication is seemingly improved , and Daniel Brunskill now has two starts under his belt at center .
Trent Williams ’ positive COVID-19 test , taken Thursday , puts his availability in question — a @ @ @ @ @ @ @ only 3.3 yards per carry in their last meeting with the Rams , but they muted Aaron Donald ’ s potential dominance , so running away from him remains the wise play .
As for the passing game , Nick Mullens has played enough ( four starts , two relief appearances ) to settle in for late-season credibility that could recapture his stock as a pending restricted free agent .
The No .
1 key : avoid turnovers .
They ’ ve had 14 in their six losses .
• Coronavirus : 49ers @ @ @ @ @ @ @ D.J .
Jones , Jordan Willis additions • Two more 49ers hit the COVID-19 reserve list during bye week The 49ers have 41 players slated to hit free agency .
This final stretch offers those healthy enough a last-ditch chance to not only impress the 49ers ’ brass but convince potential suitors to hire them next March .
Atop that list is Trent Williams , the blind-side protector who ’ s recaptured Pro Bowl stature after sitting out last season .
“ We ’ ve got a lot of good players and we @ @ @ @ @ @ @ our roster up , ” Shanahan said last week , “ and that ’ s why we ’ ve had to make tough decisions last year and we ’ re going to have to do it again this year , but everything ’ s tied together .
“ I know Trent is very important to me and very important to our team and someone I want around here for a while.
” Rather than splinter off in self interest , the 49ers have shown encouraging unity .
“ I think we have guys @ @ @ @ @ @ @ the right way , ” Shanahan added .
Could a 4-2 finish and 8-8 overall record be enough to snag a wild-card spot ?
Maybe it ’ ll take 9-7 to outduel their NFC West and NFC North challengers , plus the NFC South runner-up .
If a 10-6 record is required , this 49ers team would make franchise history that way , seeing how the other five times they ’ ve made the playoffs at 10-6 , they did so with at least a 5-5 mark after 10 games ( 1985 ) @ @ @ @ @ @ @ in 1983 ( 6-4 start ) , 1988 ( 6-4 ) , 1993 ( 7-3 ) , and 2002 ( 7-2 ) .
These 49ers already have doubled last season ’ s loss total ( of three ) .
No one is talking about last season anymore , not the way this year has gone — or will finish .

SANTA CLARA – The 49ers’ Last Chance Saloon opens up Sunday in Los Angeles.
It’s no dive bar. Logistically, it’s actually in Inglewood at SoFi Stadium, the Rams’ and Chargers’ first-year home. The 49ers’ inaugural visit must spark a late-season kick if they are to overcome the postseason odds.
The 49ers (4-6) have never reached the playoffs with seven losses in tow. That said, the NFL has never reserved room for as many playoff teams as this season.
“We are not out of the playoffs, yet,” coach Kyle Shanahan said last Tuesday, before going dark for the bye week.
At least seven teams will make the NFC field, thanks to last May’s approval of a third wild-card entry. An eighth playoff team will be added in each conference if the COVID-19 surge prompts game cancellations.
So, faint light exists, as bleak as this 49ers’ season looks amid star players’ injuries, COVID-19 complications (nine Niners are now on that reserve list) and double-digit losses, of which they endured three in a row before their bye.
No one expects the 49ers to win out and become the franchise’s sixth team to make the playoffs at 10-6. Well, no one other than Kyle Shanahan, who’s cleverly mentioned that he and his dad, Mike, coached Washington’s 2012 team from the 3-6 dregs to a 10-6 final record that earned the NFC East title.
Here are areas that must fall the 49ers’ way to incredulously land the franchise’s 27th postseason berth in 75 seasons:
COMEBACK STORIES
Running back Raheem Mostert, wide receiver Deebo Samuel and cornerback Richard Sherman are among those expected to return from injuries and multi-game absences. Mostert and Samuel have each missed six games this season, and Sherman hasn’t played since hurting his calf in the season opener. The 49ers have sorely lacked their play-making ability and sheer presence.
Quarterback Jimmy Garoppolo (ankle) and tight end George Kittle (foot) were feared lost for the season with their Nov. 1 injuries in Seattle, but they haven’t been ruled out, and that element of hope helps no matter how remote their comebacks actually are.
More reinforcements should also come with running backs Jeff Wilson and Tevin Coleman, center Ben Garland and special-teams ace Mark Nzeocha. As for defensive linemen Dee Ford and Ronald Blair, no word yet on if they’re in or out for the final push.
UPCOMING FOES
The 49ers’ next three opponents will be coming off cross-country trips, and traveling could get more complicated as COVID-19 cases rise. The Rams will be coming off a short week of preparation after playing Monday night in Tampa. After that, the 49ers host Buffalo (Dec. 7) and Washington (Dec. 13).
The Rams are the only NFC West team the 49ers have beaten this season, the third straight win for coach Kyle Shanahan against former protégé Sean McVay. So the 49ers know this opponent more intimately than any other.
That said, these 49ers are not the ones who raced to a 21-6 halftime lead and prevailed 24-16 on Oct. 18, when Garoppolo and Kittle excelled. But the 49ers defense remains relatively intact, at least from that victory.
Topping the Rams, and then beating the Bills in their first Levi’s Stadium visit, would mean a win streak. The 49ers have been streaky under Shanahan: 0-9 start to 2017, 8-0 start to last season, and, well, the current three-game slide.
BETTER PASS RUSH
The Rams’ Jared Goff will be without blind-side protector Andrew Whitworth. Then, presumably, comes Josh Allen, Alex Smith and whoever is quarterbacking the Dallas Cowboys by Dec. 20.
That lineup is less daunting than Russell Wilson, Aaron Rodgers and, for a decisive half, Drew Brees.
Not having Nick Bosa or Dee Ford proved how ineffective the 49ers’ pass rush would be, unable to finish pursuits the past two months. But the more that unit’s played together, the better chances of meshing for a stretch run.
Now the question is whether COVID-19 quarantine will keep their defensive linemen out of action. Among the nine Niners on the COVID-19 reserve list are Arik Armstead, Javon Kinlaw, D.J. Jones and Jordan Willis.
OFFENSIVE RESURGENCE
The 49ers’ run game, dating back to last season, looks so much more dangerous with Mostert’s speed and vision. If Wilson and Coleman join Jerick McKinnon, then the 49ers could regain their run-first dominance.
Also helping that rushing resurgence would be an offensive line that started slow this season. The line’s communication is seemingly improved, and Daniel Brunskill now has two starts under his belt at center. Trent Williams’ positive COVID-19 test, taken Thursday, puts his availability in question — a huge question.
The 49ers ran for only 3.3 yards per carry in their last meeting with the Rams, but they muted Aaron Donald’s potential dominance, so running away from him remains the wise play.
As for the passing game, Nick Mullens has played enough (four starts, two relief appearances) to settle in for late-season credibility that could recapture his stock as a pending restricted free agent.
The No. 1 key: avoid turnovers. They’ve had 14 in their six losses.
CASTING CALL
The 49ers have 41 players slated to hit free agency. This final stretch offers those healthy enough a last-ditch chance to not only impress the 49ers’ brass but convince potential suitors to hire them next March.
Atop that list is Trent Williams, the blind-side protector who’s recaptured Pro Bowl stature after sitting out last season.
“We’ve got a lot of good players and we’ve worked real hard to build our roster up,” Shanahan said last week, “and that’s why we’ve had to make tough decisions last year and we’re going to have to do it again this year, but everything’s tied together.
“I know Trent is very important to me and very important to our team and someone I want around here for a while.”
Rather than splinter off in self interest, the 49ers have shown encouraging unity. “I think we have guys on this team capable of finishing this the right way,” Shanahan added.
PLAYOFF FORECAST
Could a 4-2 finish and 8-8 overall record be enough to snag a wild-card spot? Maybe it’ll take 9-7 to outduel their NFC West and NFC North challengers, plus the NFC South runner-up.
If a 10-6 record is required, this 49ers team would make franchise history that way, seeing how the other five times they’ve made the playoffs at 10-6, they did so with at least a 5-5 mark after 10 games (1985). Their other 10-6 playoff teams came in 1983 (6-4 start), 1988 (6-4), 1993 (7-3), and 2002 (7-2).
These 49ers already have doubled last season’s loss total (of three). No one is talking about last season anymore, not the way this year has gone — or will finish.


mercurynews--2020-11-24--‘World’s most beautiful duck’ stands out in Southern California park

Early on a cool recent morning , dozens of ducks milled about the pond at Irvine Regional Park in Orange .
Most were mallards or wood ducks , there were a few coots and a variety of others .
Bobbing in the middle of this collection of familiar waterfowl was a single duck that stood out from all the rest with its boldly colored feathers – a mandarin duck .
If the glamorous-looking mandarin duck were a person and walked into a crowded room , all conversations would stop and heads would turn .
It has been called by many @ @ @ @ @ @ @ , and it certainly looks that way when floating on a local pond with other ducks .
Mandarin ducks have been spotted over the years throughout Orange County : in Huntington Beach , Costa Mesa , Anaheim and Orange .
The small duck is native to East Asia .
In recent years the mandarin duck has started appearing far from its native territory , including New York ’ s Central Park and much of Western Europe .
“ There are people who have kept collections of waterfowl .
The birds are descendants of @ @ @ @ @ @ @ ” said Sylvia Gallagher , an Orange County bird identification instructor and expert .
“ They obviously feel at home and are becoming established , ” she said , though added , “ I don ’ t think the American Ornithological Society recognizes them as ‘ established ’ yet .
”

Early on a cool recent morning, dozens of ducks milled about the pond at Irvine Regional Park in Orange. Most were mallards or wood ducks, there were a few coots and a variety of others. Bobbing in the middle of this collection of familiar waterfowl was a single duck that stood out from all the rest with its boldly colored feathers – a mandarin duck.
If the glamorous-looking mandarin duck were a person and walked into a crowded room, all conversations would stop and heads would turn. It has been called by many the world’s most beautiful duck, and it certainly looks that way when floating on a local pond with other ducks.
Mandarin ducks have been spotted over the years throughout Orange County: in Huntington Beach, Costa Mesa, Anaheim and Orange. The small duck is native to East Asia.
In recent years the mandarin duck has started appearing far from its native territory, including New York’s Central Park and much of Western Europe.
“There are people who have kept collections of waterfowl. The birds are descendants of birds that escaped or were released,” said Sylvia Gallagher, an Orange County bird identification instructor and expert.
“They obviously feel at home and are becoming established,” she said, though added, “I don’t think the American Ornithological Society recognizes them as ‘established’ yet.”


mercurynews--2020-11-24--2 charged in killing of missing California marijuana dispensary worker

LOS ANGELES — Two people have been charged in the killing of a Los Angeles marijuana dispensary worker whose body @ @ @ @ @ grave in the Mojave Desert , authorities said Monday .
Juan Carlos Hernandez , a @ @ @ @ @ Los Angeles , disappeared on Sept. 22 and his body was found nearly two months @ @ @ @ @ between Barstow and Baker .
Ethan Astaphan , 27 , of San Gabriel pleaded not @ @ @ @ @ with murder and Sonita Heng , 20 , of Los Angeles pleaded not guilty to @ @ @ @ @ fact .
• FBI raids offices and homes of California politicos in cannabis-related corruption probe @ @ @ @ @ $ 10 million bail each .
Astaphan faces up to 25 years to life in @ @ @ @ @ Heng faces three years in prison .
Authorities haven ’ t released a possible motive @ @ @ @ @ killing .

LOS ANGELES — Two people have been charged in the killing of a Los Angeles marijuana dispensary worker whose body was found in a shallow grave in the Mojave Desert, authorities said Monday.
Juan Carlos Hernandez, a 21-year-old college student from South Los Angeles, disappeared on Sept. 22 and his body was found nearly two months later in a remote area between Barstow and Baker.
Ethan Astaphan, 27, of San Gabriel pleaded not guilty Monday after being charged with murder and Sonita Heng, 20, of Los Angeles pleaded not guilty to being an accessory after the fact.
They were being held on $10 million bail each.
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Authorities haven’t released a possible motive or other details about the killing.


mercurynews--2020-11-24--Native Californians got high on hallucinogenic plants and painted rock art, study finds

The first clear evidence that Native Americans consumed hallucinogenic plants at rock art sites has been found in the Pinwheel Cave in Southern California , according to new research .
The cave is home to a striking image of a pinwheel thought to represent the distinctive shape of the sacred datura flower , or Datura wrightii .
This perennial plant species , native to California , is known to have psychoactive properties .
Quids — small packages of leaves and fibrous material from the plant — that were typically chewed were found stuck in crevices in the cave ceiling .
@ @ @ @ @ @ @ showed that they contained hallucinogenic alkaloids , and most were confirmed to belong to the datura plant .
Three-dimensional analysis of the quids showed that they had been mashed and chewed , and that they dated back to between 1530 and 1890 .
While it has long been thought that rock and cave art was made during trance states induced by hallucinogens , “ unambiguous evidence of the consumption of hallucinogens has not been reported from any rock art site in the world , ” the study said .
However , the findings @ @ @ @ @ @ @ rock art in the region , said David Robinson , lead author of the study that published Monday in the journal PNAS .
Some scholars believe that rock art was predominantly produced in caves visited and “ owned ” by individual shamans .
The paintings , these researchers suggested , represented the visions that came to them during the drug-induced trances .
“ The idea ( is ) that a male shaman goes off to a hidden space and takes his hallucinogen at his vision quest site and he reproduces his visions on @ @ @ @ @ @ @ a lecturer in archaeology at the School of Forensic and Applied Sciences at the University of Central Lancashire in the United Kingdom .
Robinson however , said that his new study , along with other recent research , suggests that while there are a few sites that might have been used for “ vision quests , ” the majority of rock art sites were places where people lived .
The paintings , he said , were about communicating “ the core belief systems ” of the community that lived there .
The pinwheel @ @ @ @ @ @ @ one artist ’ s vision ; it was painted over and retouched several times , the study found .
In fact , much of the art in the region shared common symbols or designs about things things that were important to the local culture .
“ It ’ s a form of visual communication within indigenous society that is for everyone ’ s benefit .
That ’ s the main thing this research is showing .
It ’ s not about an individual ’ s cognitive experience.
” “ If it were shamans @ @ @ @ @ @ @ more variety and a lot less common compositional elements across the whole region , ” explained Robinson .
The idea of the male shaman painting rock art , he said , had seeped into contemporary native Californian discourse .
“ Female members of Native American tribes are hearing this from anthropologists but there ’ s no reason women couldn ’ t have been involved in rock art .
So this sort of narrative has some negative impacts.
” • Marin DA files felony charges against 5 Bay Area residents accused of tearing down @ @ @ @ @ @ @ the people who lived in this cave have taken the hallucinogenic plant ?
The study didn ’ t give any hard answers .
But datura has been associated with adolescent group initiations in Native Californian culture , the study said , though most evidence points to the plant being brewed as a drink rather than chewed as the evidence in this particular cave revealed .

The first clear evidence that Native Americans consumed hallucinogenic plants at rock art sites has been found in the Pinwheel Cave in Southern California, according to new research.
The cave is home to a striking image of a pinwheel thought to represent the distinctive shape of the sacred datura flower, or Datura wrightii. This perennial plant species, native to California, is known to have psychoactive properties. Quids — small packages of leaves and fibrous material from the plant — that were typically chewed were found stuck in crevices in the cave ceiling.
Chemical analysis of some of the quids showed that they contained hallucinogenic alkaloids, and most were confirmed to belong to the datura plant. Three-dimensional analysis of the quids showed that they had been mashed and chewed, and that they dated back to between 1530 and 1890.
While it has long been thought that rock and cave art was made during trance states induced by hallucinogens, “unambiguous evidence of the consumption of hallucinogens has not been reported from any rock art site in the world,” the study said.
However, the findings called into question some long-held assumptions about rock art in the region, said David Robinson, lead author of the study that published Monday in the journal PNAS.
Some scholars believe that rock art was predominantly produced in caves visited and “owned” by individual shamans. The paintings, these researchers suggested, represented the visions that came to them during the drug-induced trances.
“The idea (is) that a male shaman goes off to a hidden space and takes his hallucinogen at his vision quest site and he reproduces his visions on the rock,” explained Robinson, a lecturer in archaeology at the School of Forensic and Applied Sciences at the University of Central Lancashire in the United Kingdom.
Robinson however, said that his new study, along with other recent research, suggests that while there are a few sites that might have been used for “vision quests,” the majority of rock art sites were places where people lived. The paintings, he said, were about communicating “the core belief systems” of the community that lived there.
The pinwheel also wasn’t the result of one artist’s vision; it was painted over and retouched several times, the study found. In fact, much of the art in the region shared common symbols or designs about things things that were important to the local culture.
“It’s a form of visual communication within indigenous society that is for everyone’s benefit. That’s the main thing this research is showing. It’s not about an individual’s cognitive experience.”
“If it were shamans, you’d expect a lot more variety and a lot less common compositional elements across the whole region,” explained Robinson.
The idea of the male shaman painting rock art, he said, had seeped into contemporary native Californian discourse.
“Female members of Native American tribes are hearing this from anthropologists but there’s no reason women couldn’t have been involved in rock art. So this sort of narrative has some negative impacts.”
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Newly discovered sponge named after Monterey Bay National Marine Sancturary California News | Letters: Unsolved problems | Oakland police | Junior rodeos | AI rules | Alternative Constitution | Open door So why might the people who lived in this cave have taken the hallucinogenic plant? The study didn’t give any hard answers.
But datura has been associated with adolescent group initiations in Native Californian culture, the study said, though most evidence points to the plant being brewed as a drink rather than chewed as the evidence in this particular cave revealed.
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mercurynews--2020-11-24--‘Gilligan’s Island’ and outdoor art at center of lawsuits involving California neighbors

A $ 1 million lawn sculpture and alleged loops of high-volume sitcom theme songs have driven a heated dispute between investor Bill Gross and his tech-entrepreneur neighbor from their respective ocean-front Laguna Beach mansions to a Santa Ana courtroom .
The former bond king and his girlfriend , former professional tennis player Amy Schwartz , are enmeshed in a legal battle featuring dueling lawsuits with Mark Towfiq and his wife , Carol Nakahara , with both couples sharing a property line along South Coast Highway in Rockledge Beach .
Towfiq took the stand Monday to outline what he described as @ @ @ @ @ @ @ Schwartz .
Gross , who is expected to testify at a later date , has accused Towfiq of invasion of privacy .
Towfiq moved into what he described as his “ dream home ” in 2015 .
In 2018 , Gross and his partner purchased the neighboring property along the Laguna Beach coastline .
The rift between neighbors began with the installation of a glass sculpture in Gross ’ yard , 10 to 12 feet away from the Towfiq property .
The sculpture – created by Dale Chihuly , whose work adorns the @ @ @ @ @ @ @ Las Vegas – was somehow damaged , apparently leading Gross and Schwartz to install protective netting .
Towfiq in his testimony described the netting as unsightly , comparing it to a large soccer goal suspended in the air and noting that the lights for the sculpture caused it to glow bright white during the night hours .
Towfiq said his “ friendly and neighborly ” entreaties to consider an alternative way to protect the art piece went unheeded .
A text to Schwartz and letter to Gross were ignored , Towfiq said , @ @ @ @ @ @ @ officials .
The city inspected the sculpture and netting , finding it lacked proper permits .
Days later , Towfiq recalled returning home after 11 p.m. to be greeted with loud rap music playing from outdoor speakers on Gross ’ property .
Towfiq said he texted Schwartz asking her to turn down the music , only for Gross to reply with a text saying “ Peace on all fronts or we will have nightly concerts here , big boy.
” “ I had a sinking feeling in my stomach and a dread that @ @ @ @ @ @ @ of revenge , ” Towfiq testified .
Towfiq alleged that loud music from their neighbor ’ s property that reverberated throughout his own home became a regular occurrence .
He contended it was often a mix of rap , pop , classic rock and sitcom theme songs , with the most common looped recording being a nautical-themed audio ear-worm well-known to generations of television viewers .
“ Gilligan ’ s Island was definitely the most favorite , ” Towfiq said .
In an earlier hearing , several Laguna Beach officers testified to hearing @ @ @ @ @ @ @ questioning by Gross ’ attorney that they did not have decibel readers with them to memorialize the exact volume .
Towfiq described confronting Gross in person one day , recording video with his iPhone as Gross crouched down and began laughing and dancing along with “ In Da Club ” by rapper 50 Cent .
That clip , along with many other snippets recorded by Towfiq , was played in court Monday .
In their own complaint , Gross and Schwartz have described Towfiq as a “ peeping Tom , ” who trained @ @ @ @ @ @ @ Schwartz ’ s swimming pool area , where they could be seen “ swimming and thus wearing minimal , if any , clothing.
” Neither side in the civil dispute is a stranger to legal battles .
Gross – whose market savvy and frequent guest spots on business television shows helped make him a star money-manager dubbed the “ bond king ” – made an acrimonious exit from Pimco , the Newport Beach bond-trading giant he co-founded .
Towfiq had his own battle with a nearby property owner during the building of his @ @ @ @ @ @ @ challenges to turn a smattering of weathered cottages into a modernistic cliffside home .
Testimony in the civil case is scheduled to resume Nov. 30 .

A $1 million lawn sculpture and alleged loops of high-volume sitcom theme songs have driven a heated dispute between investor Bill Gross and his tech-entrepreneur neighbor from their respective ocean-front Laguna Beach mansions to a Santa Ana courtroom.
The former bond king and his girlfriend, former professional tennis player Amy Schwartz, are enmeshed in a legal battle featuring dueling lawsuits with Mark Towfiq and his wife, Carol Nakahara, with both couples sharing a property line along South Coast Highway in Rockledge Beach.
Towfiq took the stand Monday to outline what he described as a campaign of harassment by Gross and Schwartz. Gross, who is expected to testify at a later date, has accused Towfiq of invasion of privacy.
Towfiq moved into what he described as his “dream home” in 2015. In 2018, Gross and his partner purchased the neighboring property along the Laguna Beach coastline.
The rift between neighbors began with the installation of a glass sculpture in Gross’ yard, 10 to 12 feet away from the Towfiq property. The sculpture – created by Dale Chihuly, whose work adorns the lobby ceiling of the Bellagio hotel in Las Vegas – was somehow damaged, apparently leading Gross and Schwartz to install protective netting.
Towfiq in his testimony described the netting as unsightly, comparing it to a large soccer goal suspended in the air and noting that the lights for the sculpture caused it to glow bright white during the night hours.
Towfiq said his “friendly and neighborly” entreaties to consider an alternative way to protect the art piece went unheeded. A text to Schwartz and letter to Gross were ignored, Towfiq said, leading him to reach out to city officials. The city inspected the sculpture and netting, finding it lacked proper permits.
Days later, Towfiq recalled returning home after 11 p.m. to be greeted with loud rap music playing from outdoor speakers on Gross’ property. Towfiq said he texted Schwartz asking her to turn down the music, only for Gross to reply with a text saying “Peace on all fronts or we will have nightly concerts here, big boy.”
“I had a sinking feeling in my stomach and a dread that I was going to be the target of revenge,” Towfiq testified.
Towfiq alleged that loud music from their neighbor’s property that reverberated throughout his own home became a regular occurrence. He contended it was often a mix of rap, pop, classic rock and sitcom theme songs, with the most common looped recording being a nautical-themed audio ear-worm well-known to generations of television viewers.
“Gilligan’s Island was definitely the most favorite,” Towfiq said.
In an earlier hearing, several Laguna Beach officers testified to hearing loud music, though they acknowledged under questioning by Gross’ attorney that they did not have decibel readers with them to memorialize the exact volume.
Towfiq described confronting Gross in person one day, recording video with his iPhone as Gross crouched down and began laughing and dancing along with “In Da Club” by rapper 50 Cent. That clip, along with many other snippets recorded by Towfiq, was played in court Monday.
In their own complaint, Gross and Schwartz have described Towfiq as a “peeping Tom,” who trained cameras outside his house on Gross and Schwartz’s swimming pool area, where they could be seen “swimming and thus wearing minimal, if any, clothing.”
Neither side in the civil dispute is a stranger to legal battles.
Gross – whose market savvy and frequent guest spots on business television shows helped make him a star money-manager dubbed the “bond king” – made an acrimonious exit from Pimco, the Newport Beach bond-trading giant he co-founded.
Towfiq had his own battle with a nearby property owner during the building of his Laguna Beach home, overcoming coastal access challenges to turn a smattering of weathered cottages into a modernistic cliffside home.
Testimony in the civil case is scheduled to resume Nov. 30.


mercurynews--2020-11-26--Appeal to oust Santa Clara Co. DA from gun-permit corruption trial moves along

SAN JOSE — An appeals court has ordered the local Superior Court and state Attorney General ’ s Office to prove why Santa Clara County District Attorney Jeff Rosen ’ s office should be allowed to prosecute a watershed corruption trial over defense objections that Rosen ’ s past friendship and fundraising support from a defendant is a disqualifying conflict .
The new order issued Wednesday by the Sixth District Court of Appeal means that trial proceedings remain on hold for four people indicted on corruption and bribery charges on allegations they brokered an exchange of political donations for concealed-gun @ @ @ @ @ @ @ ’ s Office .
In its order , the appellate court set a Dec. 10 deadline for “ show cause ” arguments from the AG ’ s office , which argued against the conflict claim on behalf of the Rosen ’ s office , and the county Superior Court , which sided with the AG ’ s office in rejecting an initial defense petition to exclude the DA from the case .
Joe Wall , attorney for defendant Christopher Schumb , said the order was a promising sign for the prospects of their @ @ @ @ @ @ @ recused .
“ This is extremely positive .
It shows the court is taking the issue to heart , ” Wall said Wednesday .
“ The conflict is definitely real and significant , and it ’ s not going to go away.
” The DA ’ s office referred inquiries to the state Attorney General ’ s Office , which did not immediately respond to a request for comment .
Wall filed an initial motion in trial court following the defendants ’ arraignment in August , asserting that Schumb ’ s friendship and @ @ @ @ @ @ @ a string of collegial and friendly emails , were proof that the district attorney ’ s office could not conduct a fair prosecution of the case .
Rosen filed a response that downplayed his relationship with Schumb and also stated that he returned campaign donations once Schumb became a subject of the corruption probe .
On Sept. 17 , Judge Eric Geffon rejected the conflict argument and ordered that the case go forward .
All four defendants invoked their speedy trial rights , and Wall re-filed the petition with the appellate court , @ @ @ @ @ @ @ before trial hearings were set to begin — halted the trial while it evaluates the defense claim .
The original August conspiracy and bribery indictment alleges that sheriff ’ s Capt .
James Jensen , Schumb , attorney Harpaul Nahal and local gunmaker Michael Nichols arranged to get up to a dozen concealed-carry weapons permits to agents with the executive security firm AS Solution , in exchange for $ 90,000 in donations to groups that supported Sheriff Laurie Smith in a contentious 2018 re-election campaign against a former undersheriff , John Hirokawa .
@ @ @ @ @ @ @ Co-conspirators and AS Solution managers Martin Nielsen , Jack Stromgren , and former CEO Christian West have all pleaded guilty to misdemeanor conspiracy charges , agreeing to testify for the prosecution for reduced sentences .
Last week , a separate investigation that sprang from the earlier corruption probe resulted in the indictments of Undersheriff Rick Sung , Apple global security chief Thomas Moyer , and local insurance broker Harpreet Chadha .
Sung and Moyer are charged with allegedly arranging the donation of 200 iPads worth about $ 70,000 to the sheriff ’ s @ @ @ @ @ @ @ ’ s home city of Cupertino — to hasten the processing of CCW permits for four of the tech titan ’ s executive security agents .
Jensen was indicted a second time for his alleged involvement in this deal .
Sung and Chadha were separately indicted on allegations that Sung leveraged a CCW renewal over Chadha to secure his luxury box for a Feb. 14 , 2019 San Jose Sharks game that doubled as a small celebration for Smith ’ s re-election to a sixth term .
Both Moyer ’ s attorney and @ @ @ @ @ @ @ no wrongdoing , and Chadha ’ s attorney described his indictment as retaliation for not conforming to prosecutors ’ goals to call the luxury-box exchange a quid pro quo for the CCW permit .
Smith remains uncharged , though she has weathered years of criticism and scrutiny over her licensing discretion as her agency ’ s sole signatory for the permits and grand-jury testimony suggesting that she had a strong hand in directing their approval .

SAN JOSE — An appeals court has ordered the local Superior Court and state Attorney General’s Office to prove why Santa Clara County District Attorney Jeff Rosen’s office should be allowed to prosecute a watershed corruption trial over defense objections that Rosen’s past friendship and fundraising support from a defendant is a disqualifying conflict.
The new order issued Wednesday by the Sixth District Court of Appeal means that trial proceedings remain on hold for four people indicted on corruption and bribery charges on allegations they brokered an exchange of political donations for concealed-gun permits from the Santa Clara County Sheriff’s Office.
In its order, the appellate court set a Dec. 10 deadline to submit or schedule “show cause” arguments from the AG’s office, which argued against the conflict claim on behalf of Rosen, and the county Superior Court, which sided with the AG in rejecting an initial trial court petition to exclude the DA from the case.
Joe Wall, attorney for defendant Christopher Schumb, said the order was a promising sign for the prospects of getting Rosen’s office recused.
“This is extremely positive. It shows the court is taking the issue to heart,” Wall said Wednesday. “The conflict is definitely real and significant, and it’s not going to go away.”
The appellate court issued an identical order for a parallel petition filed by attorney Harry Stern on behalf of co-defendant James Jensen, a sheriff’s captain and central figure in the prosecution’s case.
The DA’s office referred inquiries to the state Attorney General’s Office, which did not immediately respond to a request for comment.
Wall filed an initial motion following the defendants’ arraignment in August, asserting that Schumb’s friendship and fundraising support for Rosen, accompanied by a string of collegial and friendly emails, were proof that the district attorney’s office could not conduct a fair prosecution of the case. Rosen filed a response that downplayed his relationship with Schumb and also stated that he returned campaign donations once Schumb became a subject of the corruption probe.
On Sept. 17, Judge Eric Geffon rejected the conflict argument and ordered that the case go forward. All four defendants invoked their speedy trial rights, and Wall re-filed the petition with the appellate court, which on Oct. 30 — three days before trial hearings were set to begin — halted the trial while it evaluates the defense claim.
The original August conspiracy and bribery indictment alleges that Jensen, Schumb, attorney Harpaul Nahal and local gunmaker Michael Nichols arranged to get up to a dozen concealed-carry weapons permits to agents with the executive security firm AS Solution, in exchange for $90,000 in donations to groups that supported Sheriff Laurie Smith in a contentious 2018 re-election campaign against a former undersheriff, John Hirokawa.
All four men pleaded not guilty. Co-conspirators and AS Solution managers Martin Nielsen, Jack Stromgren, and former CEO Christian West have all pleaded guilty to misdemeanor conspiracy charges, agreeing to testify for the prosecution for reduced sentences.
Last week, a separate investigation that sprang from the earlier corruption probe resulted in the indictments of Undersheriff Rick Sung, Apple global security chief Thomas Moyer, and local insurance broker Harpreet Chadha. Sung and Moyer are charged with allegedly arranging the donation of 200 iPads worth about $70,000 to the sheriff’s West Valley division — which patrols Apple’s home city of Cupertino — to hasten the processing of CCW permits for four of the tech titan’s executive security agents. Jensen was indicted a second time for his alleged involvement in this deal.
Sung and Chadha were separately indicted on allegations that Sung leveraged a CCW renewal over Chadha to secure his luxury box for a Feb. 14, 2019 San Jose Sharks game that doubled as a small celebration for Smith’s re-election to a sixth term.
Both Moyer’s attorney and Apple itself asserted that Moyer engaged in no wrongdoing, and Chadha’s attorney described his indictment as retaliation for not conforming to prosecutors’ goals to call the luxury-box exchange a quid pro quo for the CCW permit. Smith remains uncharged, though she has weathered years of criticism and scrutiny over her licensing discretion as her agency’s sole signatory for the permits, and grand-jury testimony suggesting that she had a strong hand in directing their approval.