Judge Andrew Blum took about an hour and a half to conduct the in-chambers review of the records of Sheriff Frank Rivero and Sgt. John Gregore.

Oakland attorney Michael Clough had filed a Pitchess motion last month for release of information from Rivero's and Gregore's personnel records in an attempt to find information beneficial to the case of his client, 33-year-old Nicolas Carrillo of Santa Rosa.

Pitchess motions resulted from the 1974 California Supreme Court case, Pitchess v. Superior Court, and are based on the theory that a defendant in a criminal case should have any information – including alleged or potential misconduct in an arresting officer's personnel files – that could help their defense.

Carrillo and three co-defendants – all alleged to be Hells Angels – are accused of taking part in a June fight at Konocti Vista Casino with a member of the rival Vagos motorcycle gang.

Joining the motion was Josh Johnson, who also is charged in the case.

Carrillo and Johnson were in court with their attorneys on Monday afternoon. Rivero was present, along with Capt. James Bauman, Deputy County Counsel Lloyd Guintivano and county Human Resources Director Kathy Ferguson.

In arguing for Blum to review the records, Clough said there were unusual circumstances in the case, which was first investigated and closed by a deputy.

The case was reopened after Rivero personally went to Konocti Vista Casino and took possession of security tapes. Clough said there is very little discovery information thus far about how those videotapes were handed over, and that could become a serious issue for that evidence.

Clough said he'd never been involved in a case where a sheriff personally became involved and reopened an investigation.

Gregore and Rivero are both potential witnesses in the case, according to Deputy District Attorney Art Grothe, who is prosecuting the case and was present for the hearing.

Clough alleged that it “seems pretty obvious” that Rivero has a bias and personal interest in the case, suggesting the case was one of “selective prosecution.”

He said both Carrillo and Johnson arrived 10 seconds after the fight started, and later had their bail set at $500,000 which was an attempt to prevent them from making bail.

Guintivano argued that there was no good cause for Clough's request, which he also attacked as too broad and lacking specificity.

He said previous examinations in Rivero's file are either unfounded or still pending an outcome.

The only purpose for seeking the information, Guintivano said, was “to attack the character of the officers involved.”

If the court did find good cause for examining the records, Guintivano said it should be an “in camera” – or private and in chambers – review, and disclosure should be limited to people who made complaints against Rivero and Gregore and any witnesses named in those complaints.

Clough told the court he was not entitled to the findings of any personnel investigation. Rather, he wanted names of complainants so he and his fellow defense attorneys could conduct their own investigation into any complaints against Rivero and Gregore.

Clough also raised issues about the May 14 mobilization of sheriff's resources in response to reports of Hells Angels coming to the county in response to the appearance of the Vagos. He said that was critical to the case as well because it was indicative of weakness in the evidence provided to law enforcement regarding the Hells Angels. Some of the people who provided that information may testify in Carrillo's and Johnson's trial, he said.

Blum agreed with Guintivano that Clough's original motion was too broad. However, he went on to state, “What I'm hearing argued now is the defense theory that there's bias in the sheriff's department, perhaps of these two individual officers.”

He also pointed to part of Clough's argument, involving an alleged bias on the sheriff's part that could be reflected in his subordinates.

“With that very limited perspective I'm going to find there is good cause to conduct an in camera hearing,” Blum said, adding he was only looking for potential bias on Gregore's and Rivero's part regarding the Hells Angels.

He went into chambers with a court reporter, Ferguson, Bauman and Guintivano. Guintivano asked Rivero if he wanted to go in but Rivero didn't go into chambers.

When Blum emerged, he found there was no evidence of bias and no information to turn over to Clough.

The next hearing in the case is set for Dec. 5. That hearing likely will consider a large amount of discovery evidence Clough is seeking. Grothe acknowledged on Tuesday that the District Attorney's Office will comply with that discovery request.

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CLEARLAKE, Calif. – Further police testimony and a videotape of an interview with on one of the suspects in a fatal June shooting were featured on Thursday during the preliminary hearing of the three men accused of the crime.

Clearlake Oaks resident Paul William Braden, 21, and Orlando Joseph Lopez, 23, and Clearlake resident Kevin Ray Stone, 29, are charged with murder, mayhem, several counts of attempted murder and assault with a deadly weapon, and numerous special allegations for the June 18 shooting that killed 4-year-old Skyler Rapp and injured five other family members and friends.

The preliminary hearing moved into its seventh day on Thursday, with Clearlake Police Sgt. Tim Celli on the stand to finish testimony that had begun when the hearing was last in session on Friday, Oct. 7.

Stephen Carter, Komnith Moth and Doug Rhoades – attorneys for Lopez, Stone and Braden, respectively – cross-examined Celli for most of the morning on his interviews with Orlando Lopez's younger brother, Leonard, and sister Whitney, as well as Leonardo Lopez's girlfriend, Ashli Athas, who has a small child with him.

Athas and the Lopez siblings had, according to Celli, initially said Braden was not at the 16^th Avenue home of Athas, Leonardo Lopez and Athas' grandmother, Janet Leonor, on June 18, but later told him Braden was there.

Ashli Athas testified last week that she saw Braden with a black shotgun and that he said he wanted to shoot someone. Leonardo Lopez told police that he watched Braden saw the handle off a shotgun.

Carter asked Celli about arriving at the scene after the shooting, and Celli described how he tried to sort through the witnesses and victims in a larger and uncooperative crowd.

Crystal Pearls, a cousin of Josh Gamble – a cousin of shooting victims Ross and Andrew Sparks, who testified on the preliminary hearing's first day – was at the scene telling people not to talk to police, according to Celli.

“I basically told her to leave or she was going to go to jail,” he said.

Leonardo Lopez told police that on the day of the shooting his brother and Pearls argued on the phone, with Pearls stating that the Lopez brothers were going “to get what was coming to them,” a statement apparently motivated by Leonardo Lopez's alleged assault of Gamble following a graduation event on June 9. Leonardo Lopez has denied to police that he took part in as assault.

Celli also recounted how he and interim Clearlake Police Chief Craig Clausen pulled over a vehicle in which Orlando Lopez was riding and took Lopez into custody at gunpoint.

Regarding a discussion with Lopez, Celli said, “I essentially told him that he needed to tell me the truth.”

Lopez told Celli that he hadn't shot anyone, and that after arriving at the scene of the shooting Stone and Braden left the car while he stayed inside. He said he heard several shots before the two men reappeared. He also told Celli he believed Braden was the shooter.

Prosecution presents Stone interview

District Attorney Don Anderson played for the court a 31-minute interview that Clearlake Police Det. Tom Clements and Det. Tim Alvarado conducted with Stone early on the morning of July 1 at the Sonoma County Sheriff's Office. Stone was arrested in Sonoma County nearly two weeks after the shooting.

Clements told Stone – who was friendly and outgoing at the start – that police didn't believe he was actually involved in the shooting, “but I don't know that without you actually telling me.”

He advised Stone of his rights and urged him to be honest. “I have no problem being honest and everything,” Stone replied, adding, “The whole situation is, I mean, it's a tragedy.”

Stone also indicated there were “very few things” he was willing to talk about without having a lawyer present. Moth raised objections earlier in the proceedings about allowing the interview to be admitted, arguing that Stone had invoked his right to counsel, an issue the court is still considering.

Stone continued to talk to the detectives, insisting, “I would never do something like that,” adding that it wasn't his nature. But he also told them he was afraid of incriminating himself.

“I'm just scared to death,” said Stone. “I got a whole city that wants to kill me because of everything in the papers and everything.”

Clements, who persisted in urging Stone to give further details, replied that he probably had a right to be scared.

Stone said on the night of June 18 he had gotten his girlfriend Leighann Painchaud to borrow her cousin's car to take him to buy drugs. Along the way they picked up Braden and Lopez, dressed all in black. He said Braden was “intense in hell” and he was nervous about being around him.

He said he dropped Painchaud off at her apartment and gave the men a ride, but said he didn't want to.

Clements asked him what happened when they got to the area of the shooting. “This is the part I'm pretty scared to talk about,” Stone replied.

As Stone continued to hold back, Clements asked, “Don't you think that little boy deserves some justice?”

Stone said it was a “disgusting act,” and Clements replied, “But apparently it's not disgusting enough.”

Stone, who said he also has two children of his own, said, “I'm willing to do whatever to get the justice for him, I just don't want to lose my life over it.”

Stone had his head down on the table as Clements asked him what he would do if it was one of his children who had been shot. Stone said he didn't to go to prison.

The detectives also pressed Stone on what kind of gun he left Painchaud's apartment with the night of the shooting. Previous testimony stated he was seen with what looked like a rifle under his jacket. In the interview with detectives he insisted he didn't have a shotgun.

Stone also admitted to crashing Crystal Painchaud's vehicle not far from the shooting scene because he was “shocked as hell.” Afterward, “I ran for safety.”

“There's still a gun out there. I need to know where that gun went,” said Clements, to which Stone replied that he had no idea.

Stone then said if they offered to let him make a witness statement in exchange for not letting him go down for the crime, he said he would talk. “I do not have the authority to do that,” said Clements.

When asked where he went after the shooting, Stone told the detectives that he went to Santa Rosa and Willits, catching rides and hitchhiking before Leighann Painchaud showed up with a vehicle which he said she borrowed but which she is alleged to have stolen.

While Alvarado and Clements continued to press Stone to tell them what happened at the scene, he wouldn't.

“The reason you have a warrant for a million and a half dollars is that we have enough evidence in this case to charge you,” said Alvarado.

“You're not telling us anything that's going to change that,” added Clements.

When he said he wouldn't talk about those details without a lawyer, the detectives got up to leave. He asked to say something, and then he insisted he wasn't a baby killer and that he was willing to do what was necessary to help them put the suspects away.

“No you're not,” said Alvarado.

“I have to protect myself,” said Stone.

When he insisted he hadn't lied, Clements replied, “You haven't told us what's happened, either.”

“Come on, you guys,” Stone said as he watched Alvarado and Clements get up and leave.

Also on Thursday, Clements was called back to the stand to address statements by a Lake County Jail inmate who claimed that Lopez told him he had shot Skyler Rapp, and that the shotgun used in the crime was dumped in a creek behind the Clearlake Police station. Clements said a search was conducted but the gun wasn't found.

Both the prosecution and defense rested on Thursday. Closing arguments will begin Friday at 9:30 a.m.

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Yvette Elizabeth Barron, 19, of Lower Lake, Calif., was arrested on Tuesday, October 11, 2011, for allegedly soliciting to have her ex-boyfriend murdered. Lake County Jail photo.

CLEARLAKE, Calif. – A Lower Lake woman has been arrested for allegedly trying to have someone kill her ex-boyfriend.

Yvette Elizabeth Barron, 19, was arrested at 1 a.m. Tuesday, according to Sgt. Rodd Joseph of the Clearlake Police Department.

On Monday at about 11 p.m. an adult male subject came to the Clearlake Police Department to report that Barron, his ex-girlfriend, was trying to have him killed, Joseph said.

The male subject had two other women with him, one of whom told police that she knew Barron and had spoken with her by telephone a short time earlier, according to Joseph.

Joseph said the female witness – who said that the phone call occurred in an open public parking lot in Clearlake – reported that during the call Barron asked her to have the male killed.

While at the police department, officers had the woman call Barron back in the officers’ presence and talk about the earlier phone call, Joseph said.

He said that the officers overheard a woman claiming to be Barron state she wanted the woman witness to kill her ex-boyfriend due to an ongoing custody battle. The two women had a detailed conversation about Barron’s request to have the victim murdered.

Joseph said that, at the call's conclusion, officers went to Barron’s residence in the 16200 block of Jessie Street in Lower Lake. They contacted Barron at the house and allegedly obtained incriminating statements from her about the threats to kill her ex-boyfriend.

Officers arrested Barron and located her cellular phone, documenting the two mentioned phone calls and several additional incriminating text messages, Joseph said. Barron’s children were released to the care of a family member.

Barron was later booked into the Lake County Jail on felony charges of soliciting to commit murder and conspiracy to commit a crime, according to booking records.

Her bail was set at $50,000. Jail records indicated she remained in custody late Tuesday.

Barron is due to appear in Lake County Superior Court on Thursday, Oct. 13, according to her booking sheet.

Anyone with information regarding this case or any other crime occurring within the city of Clearlake is asked to contact the police department at 707-994-8251. Callers may remain anonymous.

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At about 10:30 a.m. Thursday Clearlake Police officers were dispatched to a report of a possible stabbing at Austin Park, according to a report from the agency.

Callers reported that a male subject had been stabbed as well as a pit bull dog. Police said additional callers also reported another subject had displayed a firearm.

Officers and detectives soon arrived on scene and found 21-year-old Brenden Fanucchi at the park near the basketball courts, Clearlake Police reported.

The report said Fanucchi was suffering from a possible life threatening puncture wound to his torso along with several lacerations.

Fanucchi was uncooperative in the investigation and made remarks that “God” had sent a meteorite to earth which had struck him in the chest. Police said Fanucchi would not identify his attacker or attackers, and refused to provide any suspect descriptions nor would he show police the location where the assault had taken place.

Fanucchi was transported to St. Helena Hospital Clearlake for treatment, but was later flown via a medical transport helicopter to an out of county hospital, police said.

Officers checked Austin Park for a crime scene and interviewed potential witnesses, but the officers were not able to locate the actual crime scene where the attack had taken place, according to the report.

Police said some of the potential witnesses they contacted, who were associated with Fanucchi, also were uncooperative.

No injured animals were found and the suspect or suspects are still outstanding, police reported.

However, due to Fanucchi’s refusal to provide an accurate statement to investigators, his assault may likely go unsolved, according to police.

Anyone with information on this assault is asked to contact Officer Arron Winslow at the Clearlake Police Department at 707-994-8251. Callers may remain anonymous.

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A report from Sgt. Rodd Joseph said the investigation in the incident is being hampered by an uncooperative victim.

Joseph said Clearlake Police officers responded to Jack in the Box at 15945 Dam Road Extension shortly before 9 p.m. Tuesday on the report of a stabbing and vehicle theft.

When officers arrived within minutes of the call they found 22-year-old Jonathan Vega of Clearlake suffering a stab wound to his lower back, Joseph said.

Vega, a documented gang member himself, is well known to the Clearlake Police Department and has been arrested for gang related crimes in the past, according to Joseph.

Joseph said Vega was not cooperative with police during the investigation, which is making the suspect identification difficult.

During the investigation, officers learned that Vega’s car had been involved in a hit-and-run collision near Carl’s Jr. while trying to flee the scene. Joseph said the driver of the other vehicle was not injured and reported that Vega’s vehicle was last seen heading west onto Old Highway 53 from Highway 53.

Clearlake Police officers began checking the area and located Vega’s stolen abandoned vehicle on Old Highway 53 near Highlands Harbor Drive, Joseph said.

Witnesses were contacted in the area and reported that the driver of the vehicle had fled on foot from the vehicle and was last seen running towards Highlands Harbor, according to Joseph.

The suspect, who is still at large, has been described as a Hispanic male about 5 feet 7 inches to 6 feet tall, and around 160 pounds. Joseph said the suspect is reported as having dark shoulder length curly hair and was last seen wearing a red baseball cap and carrying a red backpack.

There is no other suspect information at this time, Joseph said.

The Clearlake Police Department is asking anyone who may have witnessed or who has knowledge about this crime to contact the Clearlake Police Department at 707-994-8251. Callers may remain anonymous.

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Police Officer Alan Collier works with juvenile probationers (who can't be shown due to their juvenile status) in a graffiti abatement program on Sunday, October 9, 2011, in Clearlake, Calif. Photo by John Jensen.

CLEARLAKE, Calif. – In response to an increase in graffiti taggings, the Clearlake Police has reinstituted its Graffiti Removal Intervention Program.

Clearlake Police Officer Lauren Vance – along with fellow officers Alan Collier, Michael Carpenter, Mike Ray and Sgt. Martin Snyder – worked with several juvenile probationers on Sunday to clean up numerous sites as part of the program's latest push to clean up Clearlake.

Using paint, brushes and other supplies donated by Four Corners Building Supply and Mendo Mill, the group worked from the morning until about 3 p.m.

Working alongside of them, paint roller in hand, was Clearlake Vice Mayor Joey Luiz.

Vance said they had 12 sites they hoped to work on Sunday – from residences and businesses to churches.

She said there were supposed to be 15 juvenile participants, but only about half a dozen showed up for duty Sunday morning.

A juvenile probation officer was on hand to help supervise the teens.

Vance explained that criminal street gangs use graffiti as a way of claiming territory.

Since graffiti tends to beget more graffiti, Vance said it's important to cover it up as soon as possible.

She said the Clearlake Police Department urges homeowners and business owners to report graffiti that affects their properties to police and, if possible, paint over it quickly.

Vance said police aren't certain why taggings are on the rise, but they're prepared to respond.

“If it's needed we'll continue it,” she said of the graffiti abatement program.

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Joey Luiz, vice mayor of the city of Clearlake, Calif., helps paint over graffiti in the city as part of a graffiti abatement program on Sunday, October 9, 2011. Photo by John Jensen.