STATE OF CALIFORNIA v. DAVID RAY GUNDERSEN CR0811035

Charges-24 counts of spousal rape with an intoxicant, 1 count unlawful possession of a machine gun and 1 count unlawful possession of a handgun with silencer. The misdemeanor charge of possession of a controlled substance without a prescription was dropped (multiple prescription bottles).

8.15.08 Darcy Seal still on the stand with cross examination by Russell Clanton. Seal answered questions about her employment and early involvement with Dave Gundersen and his then wife Margaret. She stated that she was hired in 1998 by then Police Chief Stokes, Gundersen was the Deputy Chief. Seal stated that she had a good memory about events in 2001 between Gundersen and his wife. According to her testimony, there was an internal investigation involving herself and Chief Gundersen in 2001. Seal had become friends with Margaret Gundersen during this time. In 2001 Seal received a phone call from Margaret stating that Gundersen had "raped" her. Seal stated, "I didn't believe her." The two women spent time together as friends over the next few years. Seal then married Gundersen in 2005. Seal testified that her relationship with Margaret changed at this point as "she was upset about the marriage." After the marriage, Seal began to refuse to work on-call for the police department as she was "burnt out." In 2006, "something happened" that resulted in a trip to the emergency room for Seal and prescriptions for Lunesta, Klonopin and Prozac. She started to have frequent anxiety/panic attacks. Seal testified that the Lunesta had a "light" affect on her and she never told her husband that she was taking medication. Seal also stated that she was taking approximately four times the prescribed dosage of the Klonopin (side effects for an overdose of Klonopin include coma, confusion, sleepiness and slowed reaction time). "I was a mess," according to Seal. Clanton asked Seal if "at any time did you ever have nonconsentual sex under the influence of Lunesta? Seal responded "no."

Seal then stated that she had never consented to having nude photographs taken of herself, only partially nude. The nude photographs of Seal had been recovered off of a hard drive she had delivered to Margaret at the Humboldt County Sheriff's office (where Margaret is employed). Seal testified that she "made sure that the photos were deleted before dropping off the hard drive." Seal then stated that she "didn't trust her (Margaret)." When asked how things got to the point that Seal would say these things about her husband, Seal responded "I don't know." Despite being a trained law enforcement officer, Seal stated that she lied to investigators during the interview and on the witness stand at the preliminary hearing. "I didn't think it was going to go anywhere," explained Seal. Clanton closed today's hearing by asking Seal if she felt Margaret was "using her" to gain custody of their children. Seal agreed that she believed she had been used and that Margaret was awarded custody.

The trial is scheduled to resume Monday, Aug. 25th.

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