Court

STATE OF CALIFORNIA v. DAVID RAY GUNDERSEN CR0811035

Charges-24 counts of spousal rape, 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).

8.14.08 The jury viewed the rest of Exhibit 24, the video tape of Darcy Seal's interview with investigators, as well as more of her testimony. In the video tape, she recieved numerous text messages from Gunderson about her needing to call him immediately. When asked about an Emergency Protective Order, she worried about Dave's safety, the safety of the officers serving it and her safety afterwards. The interviewers told her that they might be arresting Gunderson, to which she replied, "I need to know if that's going to happen", and "I'm not ready for this". Darcy Seal went back on the stand after the tape had been viewed, and DA Paul Gallegos continued with his questioning. He asked her about the interview, about the allegations she made and about her testimony in the preliminary hearing. She replied that she did not recall much of the interview because she was under a lot of stress. Regarding the allegations, she said that she "telling them what they wanted to hear", that she "didn't take it seriously" and that she was angry and just wanted space from both Dave Gunderson and his ex wife Margaret, whom she has accused of manipulation. As for her testimony in the preliminary hearing, she stated that she "felt [she] had to testify to what [she'd] originally said". There were many questions about what her idea of consent was; Darcy told the DA that she didn't feel like she needed to consent, because they were married. She also told him that she and her husband had a previous arrangement, and that she didn't mind not being able to consent to sex because she was under the influence. She repeatedly replied to the DA's questions with statements about how she thought they knew she was joking and that nothing would happen because no one was taking it seriously. Towards the end of today's questioning, DA Gallegos showed Darcy the MP5 and the handgun with a silencer found in their home. She stated did not recognize them. Darcy Seal will be cross examined tomorrow by Defense Attorney Russell Clanton, and then court will recess until the week of August the 25th. -Marylynn

8.13.08 The People vs. Blue Lake Police Chief David Ray Gundersen. Darcy Seal, wife of Gundersen, took the stand today. Defense attorney Russell Clanton objected to the submission of the exhibits which he based on Evidence Code 352. Noting the objection, the Honorable Judge Watson allowed the questioning by District Attorney Paul Gallegos of Seal to proceed. Seal, a hostile witness for the prosecution, dismissed her prior allegations of rape, abuse and false imprisonment as lies that she had written in e-mails and told to investigators. Seals responses to questioning were vague and confused, if not outright evasive. Seal was shown a picture she had taken of a computer screen that allegedly contained a compromising photo of her on it. Seal would not say that the picture accurately reflected what she saw on the computer screen when she took it. There was little recollection by Seal of the exhibits as they were presented to her, which included several e-mail correspondences with Gundersen as well as the photos that were entered into evidence earlier. (Note: much of this evidence was objected to by Defense Attorney Clanton based on Evidence Code 352. “The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury”).

Notable Quotes: (Referring to e-mails that were sent to Blue Lake Police Chief David Ray Gundersen)

Darcy Seal: “Where is the allegation?”

District Attorney Paul Gallegos: “Fifth line up”… “Do you recall in the e-mail calling him a rapist?”

Darcy Seal: “I don’t recall it and I was angry when I wrote it.”

District Attorney Paul Gallegos: “Has your husband ever had sex with you against your will?”

Darcy Seal: “No!”

In further testimony by Seal regarding an hour and a half video taken by investigators for the Humboldt County Sheriff, Seal said “I was being sarcastic!” “I was under duress!” Further statements on the witness stand by Seal included; “after investigators told me that he was homicidal and suicidal” “that’s why I said what I said” “I responded because Margaret asked me to, I didn’t know that I was being recorded. I was being sarcastic.” “I have said that all along.” “I didn’t take it seriously, Margaret sent me there and I was just talking to her friends…” (Note: Seal is a trained police sergeant with the Blue Lake Police Dept.)

The video of Seals interview was presented which contradicted Seals testimony on the stand. More on this soon.

Seal retakes the stand tomorrow to complete her testimony.

Steve

8.12.08 People vs. Blue Lake Police Chief David Ray Gunderson. Published into evidence today were two pictures that were pulled off of the defendent's hard drive. District Attorney investigator Richard Grimm was able to confirm the victim's identity in Exhibit 9a because of her identifying tattoo, and the victim's face could be seen in Exhibit 8a. These photographs were both nude photographs of the victim, Darcy Seal 1, that were taken without her knowledge or consent. E-mail correspondence between the victim and Chief Gunderson was also submitted as Exhibits 6 and 7. DA Investigator Mike Hislop testified regarding the search warrant issued on Gunderson's home and the Blue Lake Police Department. In Gunderson's home locked in a safe the detectives found a Mark 23 .45 calibur handgun with a silencer and an MP5 Machine gun. The police department's ledger and some receipts were admitted into evidence in an attempt to discover whether the weapons were obtained legally and whether they were obtained for the Police Department or for personal use. The defense, represented by Russell Clanton, was trying to prove that the guns could have been traded for through a surplus weapons program called DRMO when court was adjourned for the day. The case will continue tomorrow at 8:30am again. -Marylynn

8.11.08 Opening arguments today in trial of Blue Lake Police Chief David Ray Gunderson. Brought into evidence was one computer hard drive said to contain explicit unauthorized photos of Darcy Seal, who is the Blue Lake Police Chief's wife. We will bring updates to this case online as time allows. There are about 3 weeks of witnesses for the prosecution according to District Attorney Paul Gallegos. The case continues tomorrow at 8:30am. Steve

8.6.08 The Jury is picked! Blue Lake Police Chief David Ray Gunderson trial is set to start Monday at 9am with opening arguments. The Jury consists of 7 women and 5 men, with the Honorable Judge Bruce Watson presiding.

1.11.08 "Appeal court upholds dismissal of fraud suit against PALCO" - Eureka Reporter

also

Gallegos unlikely to appeal fraud decision - Times - Standard

12.22.07 New Word: Contumacious Conduct - The willful disobedience of the courts direction, order or summons or any other disrespectful or disruptive conduct that would justify a finding of contempt. Synonyms insubordinate, disobedient, abstinent, rebellious

12.15.07 Cheri Lyn Moore The saga continues...

People vs. Retired Eureka Police Chief David Douglas and EPD Lt. Tony Zanotti ? We may findout February 21st 2008.

Gallegos to handle police prosecution - Times-Standard

Officers may be tried together - Eureka Reporter

10.27.07 Johnny Randall Jr. Updated

10.23.07 Has it been 2 months wow! It's always busy for us this time of year with school. Our youngest son Craig wants to trick or treating as unfrozen caveman lawyer this year. We have some preliminary hearings we have been watching recently as well as a recent trial. If you are going to be going to trial for any reason. I think it is probably a good idea to come and watch the process. Instead of being a victim of it. Court proceedings are public. Just as City Council meetings are. Also there is a law library at the courthouse with a couple of really great librarians. There are some really good books, and you have access to Lexis Nexus for research. There are some cases we are following and should have some updates soon. -Steve :-)

8.20.07 Thanks to Paul Gallegos for providing an opportunity for Eureka High School Senior Richard Wolff (yes, he's our son) to shadow him for a little while today and see the inner workings of the District Attorney's office. It was an enlightening glimpse into the day-to-day work performed in this department. The DA's office receives referrals from 14 different departments and their resources are stretched to the limits. Richard met a number of hard working attorney's and staff members who were generous with their time, especially considering the workload they operate under. Thanks again. -Sharon

Sentencing for Thomas Arthur Applegate to be held tomorrow at 2:00pm We will post the outcome as soon as possible. Our best to the Church family, as always. We hope the sentencing will provide some closure for you all.

Past Court Headlines

8.28.07 People vs Johnny Edward Randall Jr.

Deputy District Attorney Allan Dollison represents the People. Public Defense Attorney Blair Angus represents the Defendant. Tomorrow starts the selection of jurors for a case in which excessive force is alleged by defendant who was tazered 3 times during an arrest. Humboldt County Sheriff's Department and the Hoopa Tribal Police were involved in his apprehension. A Sheriff's ankle was broken during the arrest. The trial is expected to last for 2 weeks.

8.21.07 Thomas Arthur Applegate sentenced - 72 years to Life

for the murder of Joey Patrick Church and the attempted murder of Ross Condemi. Public Defender Kevin Robinson made a surprise motion for a retrial due to a Times-Standard article involving prosecution witness Dr. Soper, as well as Robinson's belief that the evidence did not support the verdict. Judge John Feeney's comparative review of the information found that the comments by Dr. Soper would not have had any bearing on the final jury decision and the verdict was supported by the evidence, therefore the verdict was upheld. More...

8.16.07

Thanks to all the people who have come forward to talk with us about the case. It seems the blogs are full of unhappy campers over a deal being cut with Richard Kesser. Once again we are stunned by our court system here!

Times-Standard: Kesser cuts deal in murder case

Also: Sentencing for Thomas Arthur Applegate is next Tuesday, the 21st, at 2pm in Courtroom 8 for the brutal murder of Joey Patrick Church, and attempted murder of Ross Condemi. Recall that Public Defender Kevin Robinson was able to get a hung Jury on the charge of Murder in the 1st degree. One juror against 1st degree vs. the eleven jurors for 1st degree murder. The jury did find Thomas Arthur Applegate guilty of murder in the second degree.

The sanity phase of the trial included days of testimony by psychiatrist Dr. Samuel Benson and William D. Pierce, Clinical Psychologist. In their respective testimonies on Thomas Arthur Applegate's brain, meth induced psychosis, frontal lobe damage, brain scalloping and other alleged disorders were discussed. With the help of DA Paul Gallego's defense, the jury concluded that Thomas Arthur Applegate was indeed sane at the time of the crime.

You can find our court notes and future writings about this case < here >

8.15.07

A deal has been made!

Murder of Mary Kesser: Richard Craig Kesser agrees to be questioned by the court and waive a jury trial in exchange for dropping the special allegation charge of premeditation. Richard Kesser will have to take a polygraph test in which it must show that he is being truthful with his testimony to the court. Upon completion of this as well as his testimony in the Jennifer Leahy trial, he will have his murder one charge reduced to murder in the second degree, in which case he is looking at a 15 year to life sentence vs. the 25 years to life for 1st degree Murder. Richard Craig Kesser smiled big for the Times-Standard camera on his way to the courtroom just as he has thru-out the public proceedings...

Also: August 7th, 2007 Rio Dell City Council Meeting now online!

8.14.07

People vs. Richard Kesser Starts today!

Over 200 pieces of evidence was sorted yesterday by both defense and prosecution for admission into what will be an expensive and lengthy do over for Mr. Kesser. Richard Kesser was convicted in the conspiracy and murder of his ex-wife. His conviction was overturned on appeal and here we are with another trial. Mr. Kesser is represented by Conflict Council Glenn Brown. The people are represented by District Attorney Paul Gallegos. Presiding Honorable Judge Dale Reinholtson.

Also the upcoming animal abuse case is in Trinity county not Humboldt county as was reported in the other local news. Steve :-)