Pubdate: Mon, 15 Sep 2003
Source: Arcata Eye (US CA)
Contact:  2003, Arcata Eye
Website: http://www.arcataeye.com/
Details: http://www.mapinc.org/media/1210
Author: Rebecca S. Bender, Eye Reporter
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

SOFTBALL IN THE LIONS' DEN AS GALLEGOS REACHES OUT TO REPUBLICANS

As part of an ongoing outreach campaign to area conservatives, Humboldt County
District Attorney Paul Gallegos went straight into the proverbial lions' den as
the guest speaker at the monthly Humboldt County Republican Party meeting last
Thursday, Sept. 11 at OH's Town House restaurant in Eureka. 

About 25 members of the Republican Central Committee attended the dinner and
maintained a calm, receptive attitude as the DA discussed and answered
questions about the role of the Assistant District Attorney, his office's
policy on medical marijuana and its controversial fraud case against the
Pacific Lumber Company (PL).

Though the potential for antagonism loomed, the atmosphere was relaxed and
friendly with the audience warming to Gallegos over his nearly hour-long
question-and-answer session. 

Republican Party Chair Mike Harvey said after the meeting, "It was all very
civil. There were some excellent questions asked."

Soft on Crime?

After a brief introduction, Gallegos immediately addressed the charge that his
office is soft on crime, saying that the idea "just isn't borne out by the
facts." He estimated that the DA's office files about 7,000 cases per year,
while recent budget cuts have caused a 20 percent reduction in staff. With
filings up and deputies down, he said, "We're doing more with less." He argued
that the community, if it is indeed committed to fighting crime, should be
willing to invest in the DA's office as a reflection of its values.

He described the DA's office as going through an efficiency learning curve,
noting that the office has up until this year been working on an index card
system, with 110,000 cases filed on three-by-five cards only recently being
translated to a computerized case management system. Gallegos said that he
expected to have everything computerized by the end of the year.

In response to a suggestion that the Assistant District Attorney's position be
eliminated to help with the budget crunch, Gallegos staunchly defended his
hiring of Assistant DA Tim Stoen, saying that the position is a useful and
efficient one. In addition to creating a second in command to help with the
workload, the position also provides a means of avoiding conflicts of interest
in such a small community. Using as an example the pending lawsuit against the
Eureka Inn for its failure to pay taxes to the city, Gallegos pointed out that
while he is not close friends with Inn owner John Biord, he does have a
relationship with Biord and his wife, Debbie, and that Assistant DA Stoen's
bringing the case against the Inn avoids any doubts of objectivity.

Audience member Vee Sorenson asked whether the case against the Eureka Inn
would be resolved, saying, "We're all worried about it." 

Gallegos acknowledged her concerns and promised resolution. "Do we want to
close the Eureka Inn?" he asked. "Not for a million dollars. Nor," he added,
"do we want to close PL." However, he noted, the case could not be dismissed
without some punishment to the Inn. "We're trying to give them a consequence,"
he explained, "but not disproportionately."

Above all, Gallegos noted, the DA's office staff remains the same regardless of
a change in DAs. "There have not been substantive changes," he said. 

Harvey asked about turnover in the office since Gallegos' election, and
Gallegos responded that no people have been lost other than those lost through
the budget.

Based on Science

The majority of Gallegos' time was devoted to an explanation of his
controversial medical marijuana policy. He described the law as "terribly
written," commenting that he and most other district attorneys would like some
clarity. To this, one audience member said, "You can't get clarity through a
marijuana fog." Gallegos laughed and agreed. He explained that his office's
policy was based on a federal Drug Enforcement Agency study which found that
the three-pound limit could be met by enforcing a 100-square-foot grow area. In
adapting this measurement restriction for Humboldt County, where many people
grow indoors, Gallegos came up with a translation of 1,500 watts of artificial
light. This figure, combined with a standard three grows, led to the limit of
99 starter plants. "That's based on science," he said. Gallegos reminded his
listeners that what is planted does not equal what is harvested, and said that
the 99 plant limit refers to starters only. He offered a compiled fact sheet,
along with the equations and statistics his office used to derive their policy,
to anyone interested.

To rumors that his medical marijuana limits exceeded those of his predecessor,
Terry Farmer, by 1,000 plants, he said bluntly, "That's a lie." He also pointed
out that medical marijuana is legal, and that the county's policy is similar to
those of other counties in northern California.

Having defended this policy, Gallegos added that he has concerns about
marijuana for two reasons: the crime it brings to the county because of its
profitability and the damage it can cause to children. "Kids are having a
difficult enough time making good decisions," he said. "We all need to find a
better way to deal with marijuana." 

'I Wanted to Make a Difference'

The controversial fraud case against Pacific Lumber was only briefly touched
upon, though several questions were fielded about it throughout the course of
the evening. Jerry Partain pointedly asked why Gallegos did not simply drop the
lawsuit or let the state take care of it, arguing that doing so would also help
with the budget crunch. Gallegos discussed this with Partain for several
minutes, finally concluding, "I can respect your opinion, but I can never agree
with it."

Coming on the heels of Proposition 215 and Gallegos' decision about the
County's medical marijuana policy, the PL case has spurned extensive criticism
and raised some questions about the DA's motivations. Gallegos acknowledged
this, but noted that if a statute of limitations had not been involved, the
case might not have been brought when it was. He refused to comment on whether
Farmer could--or should--have brought the suit during his term.

Asked why he had decided to run for the position of District Attorney, Gallegos
referred to his children, ages 6, 4 and 17 months, and said that he had reached
a point in his life where he felt he had to set an example for them. "I wanted
to do more than make a living," he said. "I wanted to make a difference."

A Left-Wing Green

The warm banter was lost on retired lumber mill operator, rancher and Arcata
political commentator Robin Arkley, who left the meeting shortly into the
discussion period with Gallegos. 

Arkley had endured the genteel gathering, sitting stolidly with his back turned
and refusing to look at the DA. He later said he thought the encounter lacked
substance, but he didn't wish to create any upheaval with harsh discussion.

"I've never seen such a slow-pitch baseball game," Arkley said. "I thought,
'This is sort of boring, I think I'll go home.'" 

Arkley wasn't swayed by Gallegos' outreach endeavors. "He's trying very hard to
mainstream himself, but he's a left-wing Green, in my opinion."

After fielding one final question about this year's surf conditions--which
Gallegos laughingly called a trick question, and said that he had heard they
were good though he hadn't had a chance to see for himself--Harvey called an
end to the session and adjourned the meeting. 

Gallegos' recent outreach campaign to Humboldt County's bastions of tradition
includes appearances to the Cattlemen's Association, the Republican Party and
soon, the Daughters of the American Revolution. But Arkley remains unconvinced.
"[Gallegos] is trying very hard to mainstream himself, but he's a left-wing
Green, in my opinion." Arkley said Gallegos lawsuit alleging fraud by the
Pacific Lumber Company could be a major blow to the county's well-being. "I
truly believe that the PL issue is a life-and-death issue," he said.
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