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CONTENTS JULY 8, 2000:

Click. Fort Ord murder probe begins. Missing woman's body found.

Click. Jenny Lin family to fund site in honor of slain daughter.

Click CARY STAYNER CASE UPDATE: Mental exam delayed. Case to move to Seattle.

Click. News Groups Ask To Open Key Files In Stayner Case. Sealed information contains details on Yosemite slaying.

Click. Justice Department didn't consider 'what-ifs' in Hearst antitrust case.

Click. THE PERVERT PROTECTORS -- SHERIFF PLUMMER AND SIDE-KICK KNUDSEN GO NICE AND EASY ON THEIR FELLOW TRAVELERS. Men on bail in sex-tape cases. The two are charged with videotaping unwitting women at a kids' play area at the Alameda County Fair .

Click. Appeals court upholds seven Gayle Bishop convictions.

Click. THE PATRIOT -- ROLLING THUNDER by Pointman.


Jenny Lin family to fund site in honor of slain daughter

By Carol E. Robinson © 2000, STAFF WRITER, Oakland Tribune

CASTRO VALLEY -- To some, the small area between two music rooms at Castro Valley's Canyon Middle School is just a root-covered piece of dirt on which students walk to class.

But to the family and friends of the late Jenny Lin, the site could be a safe place where students could visit friends or wait for musical performances.

The Jenny Lin Foundation wants to donate $10,000 toward renovating the 300-square-foot site into a "Friendship Court." The Castro Valley School District is mulling over the idea, said Jim O'Connor, the district's assistant superintendent for business services.

"We did have discussions a year ago about putting something outside the music room, but the actual scope of the project still hasn't been resolved at this point," O'Connor said.

The foundation was formed after the stabbing death of Jenny Lin, 14, at her Palomares Hills home in May 1994. Her death remains unsolved.

The location is important to the Lin family because Jenny would visit friends or wait for rides home there, said foundation spokeswoman Patricia Lee. Over the past few months, several musical events required students to wait in the area before entering a music room to perform.

Site plans include a round concrete pad, four concrete benches, a bed for plants and flowers and a small granite plaque designating the area as "Friendship Court" donated by the Jenny Lin Foundation. Pacheco Brothers Gardening Inc. of Hayward is the contractor.

Canyon Middle School Principal Barbara Mensch appeared to favor renovating the area but wanted to leave the site's name to the school board, Lee said. Mensch is on vacation until August and couldn't be reached for comment Thursday.

"Its completion would not only beautify and create a safe haven for students but serve as a model to encourage others to give back to the community, whether in life or death," Lee said.


Fort Ord murder probe begins. Missing woman's body identified.

Demian Bulwa
OF THE EXAMINER STAFF
  July 7, 2000

A homicide investigation has begun after Monterey County authorities identified a decomposed body found in a shallow grave at Fort Ord as that of a 21-year-old Seaside mother missing since April.

The half-buried remains of Richelle Lynn Cherry were found Monday by a utility contractor working on an abandoned building. The discovery came after three months of searches, including two sweeps of the inactive Army base.

The body was identified Thursday with dental records. Seaside police detectives and FBI agents, who are leading the investigation because the body was found on federal property, are awaiting autopsy results that may reveal how Cherry died.

Later Thursday, neither agency would release many details of the investigation. "We are aggressively investigating what we believe to be a homicide, but we're not commenting on suspects at this time or speculating on motives," said FBI spokesman Andrew Black.

Cherry was last seen alive April 18. In the morning, neighbors told police they saw her arrive at the home she shared with her mother and 7-year-old son on the 1700 block of Napa Street, said Seaside police Officer Barry Pasquarosa, a department spokesman.

Soon after, at about 12:30 p.m., an acquaintance saw her at a Safeway market at 2370 North Fremont St. in Monterey, but did not see anyone with her and did not see whether she was associated with any cars in the parking lot.

The clothing on the body - a light-colored top and dark pants - was consistent with witness accounts of what Cherry was wearing that day, Pasquarosa said.

On April 26, police found Cherry's blue-green Nissan Sentra parked at an apartment complex less than a mile from her house on the 1200 block of Playa Street. But detectives have not found a link in the case to anyone who lives there, and have speculated it may have been dumped there.

"We're looking at everybody who had a relationship with Richelle," Pasquarosa said. "Basically, this was a young woman who was taking care of her child and mostly staying at home."

During the search for Cherry, authorities talked to the father of Cherry's son, Kejmer Cotton, 23, as well as his 25-year-old brother Treandous Cotton.

According to published reports, Treandous Cotton was convicted of murder in 1989 for stabbing a man, and was released from the California Youth Authority at age 25. He was recently charged with another killing, that of a Seaside restaurant employee on May 25, and is now in jail awaiting trial.

In Seaside, the discovery of Cherry's body has evoked sad memories of another missing female who was found dead at Fort Ord. Christina Williams, 13, was abducted June 12, 1998, while walking her dog on the base, in a case that would make national news for months.

Her body was found the following January near the spot where she was last seen. Authorities have not made any arrests, but released sketches of two men who may have pulled the young girl into a car - sketches that still grace many buildings in Monterey County.

On Thursday, Cherry's cousin spoke to reporters and urged anyone with information about the case to call the FBI at (831) 722-8720 or Seaside police at (831) 899-6280.


Mental-exam delay asked in Stayner case

By Wayne Wilson © 2000 Sacramento Bee Staff Writer. (Published July 8, 2000)

In court papers released Friday, defense attorneys for Cary Anthony Stayner are attempting to delay a prosecution request for a mental examination of their client.

The defense lawyers said it is still too early to know if Stayner will offer an insanity defense at his trial on charges he murdered Joie Ruth Armstrong, a Yosemite National Park naturalist.

"The prosecution's request for a mental examination (of Stayner) is premature," defense attorneys Marcia A. Morrissey and Robert W. Rainwater declared in a response filed late Thursday to a government motion made in May.

The attorneys termed the prosecution's efforts as "no more than an attempt to gain information from Mr. Stayner without any explicit statement as to why the requested disclosures are necessary to the government's case."

Stayner, 38, is under federal indictment in Fresno, charged with the July 21, 1999, premeditated murder of Armstrong, a 26-year-old environmentalist who lived in a cabin in the park and taught visitors about the natural beauty of Yosemite.

He is also accused in Mariposa County of the Feb. 15-16, 1999, slayings of three Yosemite sightseers: Carole Sund, 42; her daughter, Juli Sund, 15, and their friend, Silvina Pelosso, 16, an exchange student from Argentina.

Stayner's trials will be held separately, starting with the Armstrong case, which appears to be bound for Seattle on a change-of-venue order that has not been made final by U.S. District Court Judge Anthony W. Ishii.

Under federal law, the defense must notify the prosecution in advance if it intends to use Stayner's mental condition or defect as a defense at trial.

And in May, the U.S. attorney asked Morrissey and Rainwater to disclose their plans in that regard.

The defense replied Thursday by assuring the court that Stayner "understands his obligation" under the law and "will file appropriate notice" if he intends to rely on a diminished-capacity defense.

But at this point "there has been no notice of intent to raise a defense of insanity," and until that happens, the government has no right to the information it seeks or to require Stayner to submit to a mental health examination by a government expert, Morrissey and Rainwater argued.

The issue will be heard July 27 in Fresno by Judge Ishii, who also will be asked at that time to unseal a prosecution document explaining its allegation that the homicide of Armstrong was "especially heinous, cruel and depraved."

The prosecution document was filed June 20 in response to a defense motion that the government be more specific, and the judge ordered it sealed.

Attorneys for the San Francisco Chronicle, Associated Press, McClatchy Newspapers and the Hearst Corp. filed an action Friday asking Ishii to unseal the documents, alleging that the judge sealed the documents "without giving the public or the press the right to be heard."

Neil Shapiro, counsel for the media, argued that a judge must give notice, conduct a hearing and make "supportable findings of fact" before sealing what otherwise would be a public document.


News Groups Ask To Open Key Files In Stayner Case
Sealed information contains details on Yosemite slaying
.

© San Francisco Chronicle July 8, 2000

Fresno -- Four news organizations including The Chronicle have asked a judge to give them access to information the government says helps justify its pursuit of the death penalty against a motel handyman accused of killing a Yosemite naturalist.

The motion was prepared by San Francisco attorney Neil Shapiro on behalf of The Chronicle, the Associated Press, McClatchy Newspapers and the Hearst Corp. It was filed yesterday in the U.S. District Court in Fresno.

The news groups want the court to vacate an order by U.S. District Judge Anthony Ishii to seal a government document that details evidence prosecutors propose to use to prove Cary Stayner killed Joie Armstrong.

Prosecutors claim the killing was done in ``an especially heinous, cruel and depraved manner,'' one of the statutory aggravating factors that support a death sentence.

The news organizations claim that Ishii deprived the public and the press of their First Amendment right to be heard by failing to provide proper notice or hold a hearing before directing the government to seal information that has historically been open to the public.

A clerk reached at Ishii's chambers said the judge would not comment.

Stayner, 38, is charged with kidnapping, attempted sexual assault and murder in the July 21, 1999, death of Armstrong. He has confessed to her murder and those five months earlier of sightseers Carole Sund, 42, her daughter Juli, 15, both of Eureka, and family friend Silvina Pelosso, 16, of Cordoba, Argentina.

Stayner is scheduled to go to trial October 17 in the Armstrong case, which is being heard in federal court because she was killed in a national park. He faces a second trial in state court in the sightseers' murders.


Justice Department didn't consider 'what-ifs' in Hearst antitrust case.

(07-07) 16:22 PDT SAN FRANCISCO (AP) -- The Justice Department said Friday that it might not have closed its antitrust probe of the Hearst Corp.'s purchase of the Chronicle if Hearst hadn't found a new owner for the San Francisco Examiner.

Hearst, which wants to buy the Chronicle for $660 million, satisfied the government's concerns with its plan to give the Examiner, along with a $66 million subsidy, to local publisher Ted Fang, the department reiterated Friday in a letter to U.S. District Judge Vaughn Walker.

It was the second such statement in as many weeks from Justice Department attorney Mark Botti, who led the antitrust team that investigated Hearst's plans.

Hearst's critics accused the media company of trying to engineer a monopoly on daily newspaper readership in the city. But the Justice Department announced in March that it wouldn't block Hearst's plans.

Walker had pressed Botti for more details as he decides how to rule on an antitrust suit filed by former mayoral candidate Clint Reilly that seeks to block both newspaper transactions.

Justice Department attorney Mark Botti wrote that his antitrust team never determined whether the Chronicle purchase would violate antitrust laws if Hearst closes the Examiner, because the dual transactions ``did not result in a substantial lessening of competition.''

``The department simply did not reach fully the questions the court has posed,'' Botti told the judge.

Walker, who presided over a two week trial in May, has not said when he will rule.


Men on bail in sex-tape cases


Appeals court upholds seven Bishop convictions

BAY CITY NEWS SERVICE © 7/7/00

SAN FRANCISCO -- A state appeals court Thursday reaffirmed an earlier ruling upholding most of former Contra Costa County supervisor Gayle Bishop's convictions for misuse of public funds and perjury.

A Court of Appeal panel upheld Bishop's convictions on five counts of misusing public funds and two counts of lying to a grand jury, but overturned convictions on two other perjury counts.

The same panel issued a similar ruling in March, but then agreed to a request by Bishop that it reconsider the case.

Dennis Riordan, a lawyer for Bishop, said his client will now appeal to the state Supreme Court and then to the federal court system if necessary. Riordan said the former supervisor's challenge contains "a series of very substantial constitutional claims."

Bishop, 60, served as a supervisor representing the San Ramon Valley from 1993 to 1997. The convictions for misuse of public funds were related to her use of her county-paid staff and resources for her private law practice and her unsuccessful re-election campaign.

The perjury counts stemmed from her testimony before a county grand jury in 1996.

If the appeal of the new ruling fails, the case will be sent back to Contra Costa County Superior Court for reconsideration of her sentence.

Bishop has been free on a $25,000 bond while pursuing her appeal.


 "The Patriot" -  Rolling Thunder

by Pointman © 2000.  Thanks for Spiritual Piglet. First posted on Rumor Mills News Agency.

Saturday I planned on getting all of my shopping done by 11 PM and go
see  the Patriot by Mel Gibson.

After watching his Braveheart a dozen times I  knew this was a must.

Well, it did not work that way. I had so much to do I missed the 10 AM, 12 noon, 2 PM, 3 PM, showings at the same theater- not to mention all of  the other ones in town.

At the same theater I had 3 more  chances that evening- 5 PM, 6 PM and 8 PM.
After 6 PM you had to pay more  so we hurried and barely made it to the 5 PM
showing.

We shopped all day  outside of the theater area at other stores, occasionally
passing by to see  the crowd. The parking lot was jammed packed and
all day  some militia group  of about 30 people stood out front
dressed just like the  people in the  movie - the soldier uniforms of the
Revolutionary war.

They must have rotated  a hundred people through those uniforms to stand out  in that heat all day.

I  asked "Why are you doing this?"

They said "We heard some ultra-liberal  theaters are trying to either boycott  it or down -play it's showing or just  not advertise it. "

We talked a few minutes more about the anti-Patriotism and anti-Bible trend  and how now our own government seems to have taken the place of the Red  Coats. Then I went in , grabbed my goodies and ran to room 4-A.

We sat right in the middle. I anticipated witnessing only a few people  there  for this and a great movie and great cause going down the drain.

I had  this attitude by my experience seeing only a handful of serious  people  in  the "Patriot Movement" and other Traditional causes. I have heard  great
short-wave radio shows -within the Christian and Patriot Movement -  just
fold up due to lack of support. It has been very depressing to watch my Constitutional Rights get chewed up and spit out  within the past 12  years  - under Republicans and Democrats.

It has been as depressing as being a  Vietnam -Era veteran and coming  back to a country and family that not only do not care but deliberately side
up with  the tyrannical "Red Coat"  mentality of the government - corporation-  NWO complex.

I took a deep breath  sunk down in my chair to hide from any FBI agent taking pictures and gorged  my face with a big bag of popcorn .

The "points" of the Federal Project  Meggiddo were for all cops to  watch
anybody that still believed in the Bible  and the U.S. Constitution
and put  them under surveillance.

I already have a  bad name with these modern day "Red Coats" so I did  not
want them to ruin my  movie -even if I was the only guy in there. An ATF  agent shaking- me- down  near the end of the movie kept running  through my
 mind because I just knew  that 'we -the- few' were in for it .

I never thought I would see the day  when I would have to think like this in
the U.S.A. -whether real or just my  reactionary paranoia at it's  best. The lights went out and I poked my head up to see where that agent was around me  almost turning my wife's Coke over  on her lap. A stern smack from her  on my
head -as usual- and I was back down  in my "drag-racer" position in  the seat.

In just that one second in a quick  turn I saw an entire audience  around me  that very quietly came in. The  theater was packed ! I could not  believe my  eyes, I had to jump up and stand  and do a fast turn too see it again  before  my mind said, "Yes it is true!"

This  time she grabbed her Coke . I stood and counted the empty  seats - none.  I  turned and sat. The advertisements were over and the movie started
out  slow  with that real down home peaceful country scenery and
atmosphere.

As it went  along the pace became more intense I notice that my wife  was
starting to  tremble and uncontrollably shake. The ATF (I mean the Red
Coats  ) burned the  Church down with the whole congregation in it- just like
at  Waco!

I watch  people more than the average person. I saw women crying and  men on  the edges  of their theater seats as if ready to jump into the screen
with  their  muskets. The cannons roared - a constant rolling thunder and
the  theater  shook with a vibration that made everyone tremble from a
subconscious fear.

The realism of this production was the most unusual thing about it. An  audience used to space -spectaculars, super science-fiction dressed with  the best special effects in all previous movies had to sit and watch something different. For once they sat there awed by the reality of  war and the way this nation was born and the way this nation has survived: God, Guns, and Guts.

The shaking was almost like a spiritual awakening  and the roar of  the
cannons were like a distant storm coming to you from over the  horizon. The
Colonial battlefield skirmishes were spectacular - it was as if  it  was almost 3D. The acting, the plot, the truth, the reality kept you mad or crying.

You could feel the audiences emotions move and drift just like the smoke on
the battlefield. It was a real story/s that had you twisting in your seat  like the best of science-fiction novels . It was 3  hrs. and I wanted  3 hrs.  more - so I'll have to go see this again and again!

After the show was over I observed the facial expressions and looked  into
their eyes as they left and I remained seated. Some looked like  combat-zone
marines with the "thousand yard stare!

Others left quietly and very, very seriously with thoughts they would  only
share with their best  friends. It was as if for some of them a lot of  things
just seemed to add up  and make sense within those 3hrs. -- what had to be done was in their eyes-  they were awakened.

We remembered that we were the number one nation in Banking, Farming,
Industry, Commerce and "FREEDOM"! Now we have almost lost it all!

We remembered! What happened? What happened to 1970 when you could
leave  your home without even locking your doors? What happened to driving  around  in a city all night and you were not arrested for being out too late?
What  happened when there was no fear and a person could hitch-hike across
this  country in 2 days!

What happened to the generations of school children  that left Dad's  gun at
home and did not dare touch it even when they were at home? What happened to  neighbors visiting neighbors and helping  neighbors?

What happened to Mom and Dad being married forever? What happened  to
Freedom  of Speech? What happened to Privacy of the home? What happened to create this semi-Police State of "Red Coats " that we live in now?

Who is  the next General Cornwallis that thinks his high-tech army  will crush
everybody to his tyrannical rule?

But for me and others that were raised up  in the 50's and 60's my  mind went
back to the Eagle Scouts Troop 512 at Camp  Manatouk, Ohio, 1965.

It was a Boy scout Jamboree – thousands of us spent a  few weeks in  the  wilderness in special training. Some of us had older brothers that  were in
Vietnam-and some came back dead.

Every evening we had  a muster at sundown when the flag was to be  lowered.
Just like in the movie-  in full dress uniform- we were in the open fields marching to a drummer,  the flags were held high,  they fired cannons,  the  earth shook as billows  of smoke drifted downwind with rolling  thunder.
Someone slowly played" Taps".

I finally came out of my daydream, the lights came on in the theater,  the  movie was over but somehow I knew something else was just born!

Now... back on  the farm, I am watching the sunset. The farmer next  door is
burning trash and  the smoke is drifting across the pasture and fields
sometimes blocking the  sun.

Had a few calls from some veteran buddies. We're all cleaning our muskets.
Maybe it's just a passing reaction?

But out through that smoke, every  once and awhile, I can swear I hear  those drums beating and the distant sound  of rolling thunder.

Pointman © 2000.