After the Air Force stopped using UC-123K Provider aircraft to spray herbicide on the jungles of Vietnam, some of those aircraft, their spray tanks removed, were reassigned in 1972 to new missions at three stateside bases.

For the next decade Air Force reservists flew and maintained them. Last month one of the post-war crewmen, disabled retiree Maj. Wesley T. Carter, 64, of McMinnville, Ore., had a heart attack requiring surgery, and also learned that he has prostate cancer.

A medical service officer, Carter said he thought about the many hours he had served aboard foul-smelling C-123 “spray birds” after the war, flying out of Westover Air Force Base, Mass. So in recent weeks he conducted online searches, looking for any report of lingering Agent Orange contamination on these planes assigned Reserve missions until 1982.

What Carter found alarmed him, enough he told me, that he began to contact crewmen from his squadron. The first five he reached had prostate cancer, Carter said. He heard of others who had died, most of them from more diseases that Department of Veterans Affairs presumes, at least for veterans of Vietnam, were caused by Agent Orange exposure.

“I know it’s just anecdotal,” Carter said last Friday, “but today I learned that our wing commander, Brig. Gen. Mike Walker, our vice commander, Col. Lou Paskowitz, and our hospital commander, Col. (Dr.) Warner Jones, all died of prostate cancer.”

Carter started a blog, www.c123kcancer.blogspot.com, with links to reports and memos referencing dioxin contamination aboard C-123s flown by reservists after the war from Westover, Pittsburgh (Pa.) Air Reserve Base and Rickenbacker Air Force Base in Ohio.

One of the first disturbing documents found, Carter said, deals with a famous C-123, nicknamed “Patches” during the war because it was hit so often by enemy fire during spraying runs. Patches was one of three C-123s, among 16 aircraft of the 731st Tactical Airlift Squadron, known to crewmen as having sprayed herbicide during the war.

Carter found a report from 1994 showing that before Patches was put on display at the National Museum of the U.S. Air Force at Wright-Patterson Air Force Base, an analysis for toxins found that it was “heavily contaminated with PCDD,” or polychlorinated dibenzodioxin, a human carcinogen.

So work crews that prepared Patches for display had to wear hazardous material suits and respirators, and the public would not be allowed to touch it. Yet Carter and crewmates had flown it often. He remembered its strong smell, like the inside of one Halloween mask he had worn as a kid.

By filing an IG complaint, Carter wants the Air Force to explain why, after learning C-123s flown by reservists were toxic, the service did not warn former crewmen of their exposure and possible health risks.

Retired Air Force Reserve Lt. Col. John O. Harris of Mashpee, Mass., flew 2700 hours as a C-123 command pilot for the 731st, from 1973 to 1981. Almost 400 of those hours were in Patches or in one of the other squadron aircraft that had sprayed in Vietnam. Harris, 67, has diabetes and peripheral neuropathy, both conditions on VA’s list of 14 AO presumptive diseases.

“We knew it was there,” Harris said of residual herbicide on some C-123 aircraft. “You could smell it on a hot day, or a cold day when the heaters were running. You could smell it so bad you couldn’t stand it.”

Harris said he often flew with cockpit windows open. He compares the smell to wasp or roach spray.

Vietnam vets in the squadron identified it as Agent Orange, Harris said. But no one back then understood the dangers of compounds used in the war to defoliant jungles and kill crops.

Neither Harris nor Carter served in Vietnam. Both men now believe reservists who flew or maintained these aircraft should be treated like Vietnam veterans with regard Agent Orange-related presumptive diseases for when filing VA compensation claims or seeking survivor benefits.

Several years ago Harris did file a claim for his diabetes, citing post-war exposure to Agent Orange on his missions with the 731st. He provided flight logs listing hours aboard “spray bird” aircraft. Both his claim and his appeal were denied, Harris said, because he had not served in Vietnam.

Harris later remembered that, while flying F-4 Phantoms out of Thailand during the war, he had a two-hour refueling stop at Da Nang. He even recalled the guy he chatted with at the airfield that day. After finding him and supplying VA with his statement, Harris qualified for disability pay.

“Two hours on the ground with no Agent Orange in sight trumped 11 years and 400 hours of definitive exposure flying spray UC-123s,” he said. Harris figures he caught a break and others haven’t. So he has joined Carter’s quest to find more colleagues and notifying of them of toxin exposure. They want to help those with AO-related ailments get VA care and compensation, and for spouses of colleagues who have died from these conditions get VA Dependency and Indemnity Compensation.

Besides the memo showing Patches was toxic, Carter learned the government in 1996 stopped a contract to sell some of these C-123s because of contamination. Another report indicates Air Force struggled over how to dispose of these aircraft, worried that even burying them could contaminate the ground. Some officials told Carter that last year the service tore apart and melted down remaining C-123 aircraft.

Asked to comment on this, on Carter’s complaint and his blog, an Air Force spokesman, Jonathan Stock, said the service “is going to look into these claims” but can’t make any immediate comment. Also, VA Press Secretary Josh Taylor said VA will “carefully review this matter.”

Marshall Hanson with Reserve Officers Association added, “This cadre of Agent Orange casualties needs to be recognized for the contamination risks they have been exposed to, similar to crews that initially flew the same C-123 aircraft. Agent Orange presumption needs to be reexamined to include all those who were exposed outside the Vietnam territories, both in the Air Force and the Navy.”

To comment, e-mail This email address is being protected from spambots. You need JavaScript enabled to view it., write to Military Update, P.O. Box 231111, Centreville, VA, 20120-1111 or visit: www.militaryupdate.com.

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The Clearlake Police Department said 51-year-old Kevin Quinn of Clearlake died shortly after he was shot multiple times by 67-year-old James Mitchell.

“They've had previous issues,” Clearlake Police Sgt. Tim Hobbs told Lake County News on Sunday afternoon.

Hobbs said that Quinn had worked for Mitchell a few years ago, noting, “They weren't on good terms then.”

Hobbs' report on the incident explained that at 2 a.m. Sunday Mitchell was asleep in his residence in the 14200 block of Olympic Drive when Quinn allegedly drove a 1994 Chevrolet Silverado pickup into the front of Mitchell's home.

Hobbs said Mitchell armed himself with a handgun and went to the area of his residence where he heard the crash. When Mitchell went into the room he reportedly was confronted by Quinn, who had gotten out of the pickup.

Quinn allegedly advanced toward Mitchell in a threatening manner while making threats to kill him, Hobbs said.

Mitchell attempted to flee his own residence, and as he was trying to get out of the house Quinn caught up to him, Hobbs said.

Mitchell fired his handgun at Quinn and struck him multiple times before going outside of the residence to notify police, according to Hobbs' report.

Officer Travis Lenz, who was on patrol in the area, saw Mitchell walking out to Olympic Drive while holding a handgun and contacted him, Hobbs said.

Lenz was unaware of the shooting or the crash, said Hobbs, adding that at the same time a Clearlake Police dispatcher was on the phone with a person who was reporting hearing a possible vehicle crash and gunshots in the area.

Sgt. Tim Celli and Officer Ryan Peterson arrived at the scene within one minute and found Quinn inside the residence, suffering from life-threatening injuries from what appeared to be gunshot wounds, said Hobbs.

Hobbs said medical personnel from the Lake County Fire Protection District were dispatched to the scene and arrived a short time later. A REACH helicopter also was dispatched to the scene and landed at Haverty Field in Austin Park to transport Quinn.

Quinn died at the scene of his injuries before he could be transferred to the helicopter, Hobbs said.

Hobbs said Clearlake Police detectives responded and took over the investigation.

Based on the investigation so far, Hobbs said it appears that Mitchell acted in self-defense and was justified in shooting Quinn.

Hobbs said that once the investigation is complete it will be sent to the District Attorney's Office for review, which he said is the standard procedure for handling such cases.

The Clearlake Police Department is asking anyone with information regarding this case to contact Det. Tim Alvarado at 707-994-8251.

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Andrew Serrano, 38, of Kelseyville, Calif., was arrested on Saturday, July 2, 2011, after he allegedly used his pickup to ram a vehicle driven by his estranged wife. Lake County Jail photo.

LAKEPORT, Calif. – Lakeport Police officers on Saturday arrested a Kelseyville man who allegedly used his pickup to ram another vehicle.

Andrew James Serrano, 38, was arrested on three felony counts of assault with a deadly weapon, a felony count of hit-and-run resulting in injury, a misdemeanor violation of a domestic violence restraining order and two misdemeanor violations of civil harassment restraining orders, according to police.

Lakeport Sgt. Jason Ferguson said Serrano was taken into custody at about 8:30 p.m. Saturday.

Serrano had allegedly rammed his Chevrolet pickup into the side of a Chevy Tahoe driven by Lesa Serrano while on Main Street in Lakeport, according to Ferguson. Lesa Serrano is reported to be Andrew Serrano's estranged wife.

Ferguson said Lesa Serrano and her two passengers – sisters Katrina and Kayla Hickey – contacted police to report that Andrew Serrano rammed into their vehicle.

They alleged that he caused major damage to the Chevy Tahoe and, in the process, injured the Hickeys before he fled the scene, Ferguson said.

During the course of the investigation officers learned that Lesa Serrano had a domestic violence restraining order protecting her from Andrew Serrano, and that the Hickeys had civil harassment restraining orders against him also, according to Ferguson.

Ferguson said that officers also learned during the investigation that Andrew Serrano had allegedly circled the restaurant where Lesa Serrano was eating at three separate times before the ramming incident is alleged to have occurred.

Andrew Serrano was booked at the Hill Road Correctional Facility where his bail was set

at $250,000. He remained in custody on Sunday night, according to jail records.

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Cousins Sopheah Clark, age 9, and Jayce Curenton, age 8, proudly display donut peaches at the stone fruit stall of Reggie Dewsnup at the Lake County Farmers' Finest market at Steele Winery in Kelseyville, Calif., on Saturday, July 2, 2011. Photo by Esther Oertel.

Summer’s heart, I’m convinced, is a ripe, juicy peach.

These sumptuous beauties are piled high at farmers’ market stalls now with the California peach season in full swing from mid-June through September.

Whether round, flat, white or yellow, these fragrant, plump fruits called the name of many a farmers’ market shopper over the weekend, mine included.

I came home with a bag of carefully chosen specimens representing several peach types: sweet, mild white peaches; yellow peaches with a full-bodied, tangy taste; and gently-flavored donut peaches with their interesting, slightly squashed shape.

In my mind, peaches are as American as apple pie, synonymous with southern states such as Georgia. Their origins, however, lie at the other side of the world, in China, where peach cultivation can be traced back to the earliest days of Chinese culture.

Peaches were mentioned in Chinese writings that date back to the 10th century B.C., more than 3,000 years ago. Not surprisingly, they were a favorite of Chinese emperors and other royalty.

Pink peach blossoms graced the artwork of many an ancient Chinese painter.

A full 50 percent of the world’s peach crop is produced in modern-day China, reflecting a continuing love affair with this fruit. China is not the largest exporter of peaches, however, as most of their crop stays within their borders for local consumption. Who can blame them?

From China, they were introduced to Persia and the Mediterranean region via traders on the Silk Road. The name “peach,” in fact, derives from a Latin word meaning “Persian apple,” a misnomer arising from the belief that peaches originated in that area.

Cultivation of the peach spread from Europe to the Americas, and by the mid-1700s peaches were so plentiful here that, like me, botanists of the time thought of them as native plants.

Wild peaches, which are small, fuzzy and very tart, are found only in China and Tibet.

These peaches grown in Gridley, Calif. are piled at the stall of Reggie Dewsnup at the Lake County Farmers' Finest market at the Steele Winery on Saturday, July 2, 2011. Though not grown in Lake County, they're available at the market as an addition to the other types of produce grown locally. Dewsnup's peaches are also available at the Friday night farmers' market in Clearlake, Calif., sponsored by the Lake County Community Co-op. Photo by Esther Oertel.

Eating a peach is a sensuous experience, with sunset hues, sweet aromas and velvety skin engaging more than just the taste buds. If we’re lucky, a peach is juicy enough to perpetuate slurping and trickling of liquid down one’s arm.

Cultivated peaches are divided into clingstones and freestones, depending upon whether the flesh easily pulls away from the stone within. Both types can have either white or yellow flesh.

White-fleshed peaches have a lower level of acidity than their yellow-fleshed brethren, making them sweeter and milder. Yellow peaches are considered to be more flavorful, but with higher acidity, they have a bit more tang.

White-fleshed peaches tend to be favored in China, Japan and other Asian countries. Europeans and North Americans have historically chosen the yellow-fleshed type, though white peaches are gaining in popularity here.

Smooth-skinned nectarines are a cultivar group of peaches, not a cross between peaches and plums as is often erroneously believed. “Shaved peach” and “fuzzy-less peach” are a couple of the nicknames they sport. Nectarines are created via a recessive gene, sometimes springing from trees with fuzzy peaches.

Like peaches, nectarines can be clingstone or freestone, white or yellow.

The best way to store peaches is at room temperature, as refrigeration can diminish their flavor. Peaches will ripen if picked a day or two prior to full maturity; however, if picked earlier than that, chances are they won’t.

If you wish to hasten ripening, storing peaches in a paper bag for a day or so may help.

I’m currently developing a cooling soup for summer for a future culinary class made with grilled peaches, so any application utilizing the fruit in this state catches my eye.

In perusing a Jamie Oliver cookbook, I found a recipe for a salad with grilled peaches and goat cheese. He uses bresaola, a dried, cured Italian beef, in his version, but I think the sliced grilled peaches and bits of goat cheese on their own over a bed of arugula would also be a beautiful start to a meal.

Buyers flocked to purchase peaches and other summer fruit at the Lake County Farmers' Finest market at Steele Winery in Kelseyville, Calif. on Saturday, July 2, 2011. The market runs each Saturday morning from 8:30 a.m. to noon through October, rain or shine. Photo by Esther Oertel.

The peaches may be prepared in a grill pan on the stovetop or on an outdoor barbecue. Grill until peaches are just caramelized and grill marks show, which won’t take long.

Oliver suggests throwing some herbs in the fire to give the peaches a smoky, herbal taste if using the latter method, and I like that idea. Rosemary, thyme or tarragon would be perfect for flavoring the peaches in this way.

A simple vinaigrette dressing utilizing the same herbs would make a wonderful topping for the salad. Balsamic vinegar would be a nice choice for the acid component, as would lemon juice, as both pair well with peaches, arugula and goat cheese.

Vegetarian chef and cookbook maven Deborah Madison suggests serving delicate white peaches in lemon verbena syrup, and I think the recipe sounds lovely. To make the syrup, simmer sugar in water (say, 2 cups water with about half as much sugar) with a small handful of lemon verbena leaves until the sugar has dissolved. Cover and set aside for at least half an hour for the lemon verbena to infuse the syrup. Remove leaves and add peeled, sliced white peaches. Chill and garnish with fresh lemon verbena leaves.

A spiced peach topping may be made by cooking sliced peaches with sugar, cinnamon sticks, cloves, a little balsamic vinegar and cardamom pods. (These are strong, so go lightly with them.) Simmer together until the peaches are soft, and add some candied ginger at the end.

This lovely concoction should be stored in the fridge and may be used with pork or duck, over vanilla ice cream or spread on toast at breakfast. It can easily be frozen in zipper sealed bags for use when peaches are out of season.

If some diced shallots are added during the cooking process and a stronger vinegar is used, it becomes a nice chutney.

When I was a kid growing up in the family restaurant, we served a dessert called Peach Melba, a poached half peach with vanilla ice cream and fresh raspberry sauce. I enjoyed watching it go from the kitchen to the dining room with its alcohol-soaked flaming sugar cube on top.

This dessert was created by famed chef Auguste Escoffier in 1893 to honor Australian opera singer Dame Nellie Melba. In his version, Escoffier poached peaches in wine and honey and made a raspberry sauce with sugar and fresh berries. However it’s done, raspberries and vanilla ice cream are a fantastic match for peaches.

While peaches are not the powerhouse of nutrition that some fruits are, they have a very respectable amount of vitamin A, as well as being rich in potassium and a good source of fiber.

Whether peaches are eaten at height-of-season fresh and out of hand, baked in a cobbler, pie, or any number of desserts, or even combined with Prosecco (Italian sparkling wine) for a Bellini cocktail, they’re the quintessential summer fruit. I hope you’ll savor their loveliness while they’re here.

Today’s recipe is one that furthers my fascination for grilled peaches. It comes to us from an article on grilling at the National Public Radio Web site, www.npr.org.

I especially love the cleverness of fashioning skewers from cinnamon sticks, and it’s nice to utilize outdoor cooking methods to minimize time in the kitchen during the summer heat. Bon appetit and enjoy!

Cinnamon-grilled peaches

4 large ripe freestone peaches

8 cinnamon sticks (each 3 inches long)

1 bunch fresh mint

8 tablespoons (1 stick) unsalted butter

1/2 cup firmly packed brown sugar

1/2 cup bourbon

1/2 teaspoon ground cinnamon

1 pinch salt

1 pint peach or vanilla ice cream (optional) for serving

Rinse the peaches and blot them dry with paper towels. Cut each peach in half along the crease, running your knife in a circular motion around the peach and cutting to the pit. Twist the halves in opposite directions to separate them. Using a spoon, pry out and discard the pit.

Cut each peach half in half. Using a pointed chopstick or metal skewer, make a starter hole in the center of each peach quarter, working from the pit side to the skin side. Skewer two peach quarters on each cinnamon stick, placing a mint leaf between the two quarters.

Combine the butter, brown sugar, bourbon, cinnamon, and salt in a saucepan and bring to a boil over high heat. Let the glaze boil until thick and syrupy, about five minutes.

Set up the grill for direct grilling and preheat to high.

When ready to cook, brush and oil the grill grate. Place the skewered peaches on the hot grate and grill until nicely browned, 3 to 4 minutes per side, basting with the bourbon and butter glaze. Scoop ice cream into bowls or martini glasses and arrange the peaches on top. Spoon any remaining glaze over the grilled peaches and serve at once.

Adapted from BBQ USA by Steven Raichlen. Copyright 2003 by Steven Raichlen.

Esther Oertel, the “Veggie Girl,” is a culinary coach and educator and is passionate about local produce. Oertel teaches culinary classes at Chic Le Chef in Hidden Valley Lake, Calif., and The Kitchen Gallery in Lakeport, Calif., and gives private cooking lessons. She welcomes your questions and comments; e-mail her at This email address is being protected from spambots. You need JavaScript enabled to view it..

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Jaime Luis Mitchell, 19, of Lakeport, Calif., was arrested on Friday, July 1, 2011, in connection with two burglaries in Lakeport, Calif. Lake County Jail photo.

LAKEPORT, Calif. – Police said Friday that evidence has linked a north Lakeport teenager arrested earlier that day for a burglary to a second break-in incident nearby.

Jaime Luis Mitchell, 19, was arrested Friday morning after he allegedly was caught in the act of burglarizing a home in the 100 block of S. Polk Street, as Lake County News has reported.

A man who lived at the home reportedly caught Mitchell in the act and detained him while waiting for police to arrive, Lakeport Police Sgt. Kevin Odom reported.

Mitchell, who police said has prior burglary arrests and is on probation for burglary, allegedly had burglary tools in his possession, and was booked into the Lake County Jail for a felony count of burglary, a misdemeanor count of possession of burglary tools and a misdemeanor probation hold.

Later in the morning it was reported that a home nearby, in the 100 block of S. Starr Street, also had been broken into, police said.

By Friday afternoon, Lakeport Police officers had located evidence that linked Mitchell to the S. Starr Street burglary, according to Police Chief Brad Rasmussen.

As a result of that evidence, Rasmussen said Mitchell was booked for an additional count of
first-degree burglary.

Rasmussen said his officers also developed information that Mitchell was assisted in the burglaries by two additional male subjects who are believed to be residents of Lake County.

The other two subjects have not yet been identified but officers are continuing the investigation, said Rasmussen, adding that additional information would be released as it becomes available.

Anyone with information related to the Lakeport burglary incidents is encouraged to contact the Lakeport Police Department at 707-263-5491.

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Judy Pitts, 40, of Clearlake, Calif., was arrested on Saturday, July 2, 2011, after she allegedly attempted to kidnap a baby. Lake County Jail photo.

CLEARLAKE, Calif. – A Clearlake woman was arrested Saturday after she allegedly attempted to kidnap a baby.

Judy Lynn Pitts, 40, was taken into custody following the incident, which was reported Saturday night, according to Clearlake Police Sgt. Tim Hobbs.

Just before 10:30 p.m. Saturday Det. Ryan Peterson was on patrol covering a shift for an officer who was off that day when he was waived down by a woman on Pine Street near Olympic Drive, Hobbs said.

The woman told Peterson that a subject who she didn't know – later identified as Pitts – grabbed her 8-month-old daughter from her arms and fled into a nearby residence with the baby, according to Hobbs.

Family members of the child ran into the residence and retrieved the child, who was safely turned back over to her mother, Hobbs said.

Hobbs said the child's mother and other witnesses pointed Pitts out to Peterson as she was leaving the home.

Peterson subsequently arrested Pitts, who appeared to be intoxicated, on a felony charge of kidnapping, Hobbs said.

Pitts later was transported to the Lake County Jail and booked. She remained in custody on Sunday night, with bail set at $50,000, according to jail records.

The Clearlake Police Department is asking anyone with information regarding this case that has not already been interviewed to contact Det. Peterson at 707-994-8251.

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Henry Mauldin was in his element as he displayed Pomo baskets and other artifacts to Girl Scouts in 1962 at Mountain House near Middletown. The jars contain samples of traditional Pomo foods. Photo courtesy of the Lake County Museum.

In commemoration of the 150th anniversary of the founding of Lake County this year, Lake County News is publishing a series of historical stories about the county, its people and places. This week the spotlight is on Henry K. Mauldin, Lake County's first official historian.

LAKEPORT, Calif. – Henry Mauldin died nearly 30 years ago and, while his name might not be as familiar as it once was, his legacy as the county’s first official historian endures.

As we read the Lake County stories published for the sesquicentennial, one of the stories worth telling is the story of Mauldin and the Lake County stories that he spent 40 years collecting. Without his work, many of those other stories might have been lost.

In 1906 Joel and May Mauldin moved from Idaho to Lake County with their children, including 6-year-old Henry.

The Mauldins settled on a prune ranch near Kelseyville, where Henry grew up. Except for a couple of years away from the county in his youth, Henry Mauldin lived the rest of his 80 years in Lake County.

Mauldin made his living as a pear farmer and also took an active role in numerous civic and agricultural organizations. He served as county supervisor from District 5 from 1940 to 1952.

Mauldin died on Sept. 2, 1981, when a car hit him as he crossed Soda Bay road near his home.

Mauldin’s pursuit of Lake County history began in 1940 as California prepared for the centennial of the Gold Rush and statehood.

He served on the Centennial Commission, collecting Lake County stories for the event, and continued collecting and writing for Lake County’s centennial celebration in 1961.

In 1955 Mauldin was one of the organizers of the Lake County Historical Society. The society began issuing a publication, The Pomo Bulletin, in 1956, which is still published three times a year.

His interest in local history became a passion that gripped Mauldin for 40 years, as he collected nuggets of Lake County history, page after page, until the data filled 50 binders – 10,000 pages – typed in quintuplicate, and all indexed, a collection now called the Mauldin Notes.

Mauldin collected information on thousands of topics: people, places and events in Lake County. His interest extended to both the pioneer and the Pomo history of the area. He incorporated news articles, letters, memoirs, city directories, interviews and other writings into the Mauldin Notes. The typing alone took years as high school typing classes and historical society volunteers typed pages.

The Mauldin Notes are now available to researchers at Lakeport Library, 1425 N. High St.; the Old Courthouse Museum, 255 N. Main, Lakeport; Redbud Library, 14785 Burns Valley Road, Clearlake; and the Lower Lake Schoolhouse Museum, 16435 Morgan Valley Road, Lower Lake. The Lake County Historical Society also owns a set, currently stored at the Nice Clubhouse.

The Mauldin Notes have their own Web site, http://mauldinnotes.lakecountycahistory.com, which includes an introduction to the notes and an index of subjects that appear in the notes. The notes themselves have not been digitized.

Mauldin wrote five books of local history: History of Lake County: Your Lakes, Valleys and Mountains; Mountains & Pioneers of Lake County; Lake County in the Beginning; Two Indian Legends of Lake County, California and History of Clear Lake, Mt. Konocti and the Lake County Cattle Industry.

His byline appeared on numerous articles in local newspapers and other publications. Mauldin contributed Lake County history information to other works, including the “Knave” section of the Oakland Tribune and to Erwin Gudde’s book California Place Names. Mauldin often drew on his vast knowledge in extemporaneous talks about Lake County history.

Henry Mauldin (left) and District 5 Supervisor Ray Mostin display plaques presented at Mauldin

The law presumes that but for the fact that they were married, born or adopted (as relevant) after the execution of the will and/or trust that they would have been included. Those who qualify as an omitted heir have inheritance rights in the decedent’s estate.

Generally speaking an omitted heir is someone who was either married to, or born to, a now deceased person after that person had executed their final will and/or living trust while alive.

An omitted child is typically a natural born or adopted child of the deceased person. In narrow circumstances a step child or foster child can qualify too.

Let’s examine the omitted spouse and the omitted child separately.

A California registered domestic partner is treated the same as a spouse.

In addition, if a child who was alive when the now deceased person executed the will or trust which omitted the child may sometimes qualify as an omitted heir.

The child must prove that he or she was omitted either solely because the now deceased person was then unaware that the child was born or solely because he or she then believed the child to be deceased. The child must prove his or her eligibility to the satisfaction of the court.

A surviving spouse, domestic partner, or child, however, still does not qualify as an omitted heir in the following circumstances.

– First, if the decedent’s will or trust shows that the decedent intentionally failed to provide for the subsequent spouse or child/

– Second, if the decedent otherwise provided for the subsequent spouse or child outside of the will or trust (such as with life insurance, pay on death accounts, or substantial lifetime gifts to the surviving spouse or child).

– Third, if the surviving spouse voluntarily agreed to waive his or her inheritance rights (e.g., a premarital agreement).

– Fourth, if the deceased parent gave substantially all of his estate to the omitted child’s other parent (instead of to the child).

An omitted heir is entitled to receive an inheritance share that is equal to what they would have received had the deceased spouse died without a will or trust (i.e., an intestate share).

Thus, an omitted spouse is entitled to receive up to one-half of the deceased spouse’s separate property, in addition to his or her one-half interest in the couple’s community and quasi-community property.

The omitted heir’s inheritance comes first from the deceased spouse’s separate property that passes outside of the will or trust. If that is insufficient, then the balance comes out of the property that passes under the will and/or trust. It comes proportionately from each beneficiary’s share.

The foregoing allocation may be modified regarding any specifically gifted property using a specific gift to satisfy the omitted heir’s inheritance would defeat the deceased person’s intention.

The lesson to be learned here is that whenever a person marries or has a child that person should review their estate planning and have it updated as necessary. That way the person’s true intentions can be expressed and given effect.

Dennis A. Fordham, attorney (LL.M. tax studies), is a State Bar Certified Specialist in Estate Planning, Probate and Trust Law. His office is at 55 First St., Lakeport, California. Dennis can be reached by e-mail at This email address is being protected from spambots. You need JavaScript enabled to view it. or by phone at 707-263-3235.

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Kristina Ann Colon, 23, of Clearlake, Calif., was arrested by Lakeport Police officers on Saturday, July 2, 2011, after she allegedly drove her vehicle into Clear Lake while intoxicated. Lake County Jail photo.

LAKEPORT, Calif. – Lakeport Police officers arrested a Clearlake woman for driving under the influence early Saturday after she drove her vehicle into Clear Lake.

Kristina Ann Colon, 23, was taken into custody following the incident, according to Officer Destry Henderson.

Henderson said Sunday that officers responded to the Skylark Motel on N. Main Street at 3:44 a.m. Saturday on the report of a vehicle into the lake.

When they arrived at the scene the officers found Colon being assisted by motel patrons for injuries she sustained while escaping from the sinking vehicle, Henderson said.

Colon was transported to Sutter Lakeside Hospital for treatment of her injuries and later arrested for

suspicion of driving under the influence of alcohol, according to Henderson.

She was booked at the Lake County Jail, with bail set at $5,000. Jail records indicated Colon later was released.

Colon’s vehicle was recovered from Clear Lake by the Northshore Dive Team and a local tow company. Henderson said the vehicle was approximately 75 yards from the shoreline and Colon was

determined to be the vehicle's sole occupant.

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LAKE COUNTY, CA – The seventh-annual Lake County Wine Adventure, a two-day passport event, will be held July 30-31.

This year's Lake County Wine Adventure, which will be held from 10 a.m. to 5 p.m. both days, is once again being hosted by the Lake County Winery Association.

Adventurous wine enthusiasts will have an opportunity to discover the “new” wine country of California’s Lake County and sample distinct “high elevation” award-winning wines.

Throughout the weekend, “wine adventurers” will taste wines from five of Lake County’s six distinct viticulture areas (AVAs) as they visit participating wineries.

Adventure tickets can be purchased in advance for $35 each. Tickets also are available at every participating winery on the day of the event for $40 each.

Each ticket is good for two days of activities and entitles the holder to wine tastings and hors d’oeuvres at each winery, a logo wine glass, art exhibits, and entertainment.

Event-goers will be entered into a raffle drawing when they leave their completed wine adventure tickets with the last winery they visit. A special grand prize will be awarded to the winner.

Event organizers promote responsible hospitality and encourage all participants to designate a driver. Designated drivers are invited to enjoy nonalcoholic drinks, food and entertainment free of charge at each site compliments of the Lake County Winery Association. Designated drivers also can turn in their special buttons to be eligible for some fun Lake County prizes.

For more information, call (800) 595-WINE (9463), 707-355-2762 or visit www.lakecountywineries.org.

Lake County is part of the North Coast AVA, which also encompasses Napa, Sonoma, and Mendocino Counties. Within Lake County, five other AVAs exist – Clear Lake AVA, Benmore Valley AVA, Guenoc AVA, Red Hills AVA and High Valley AVA.

For visitor information, contact the Lake County Visitor Information Center at 800-525-3743 or www.lakecounty.com.

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LAKEPORT, Calif. – A north Lakeport teen was arrested early Friday after he allegedly was caught burglarizing a Polk Street home by a man who lived there.

Jaime Luis Mitchell, 19, was taken into custody as a result of the incident, according to Lakeport Police Sgt. Kevin Odom.

At 5 a.m. Friday Lakeport Police officers, assisted by Lake County Sheriff's deputies, responded to an address in the 100 block of S. Polk Street in Lakeport on the report that the resident of the home was detaining a burglary suspect caught inside his home, Odom said.

When officers arrived they found the man had detained Mitchell, who Odom said was subsequently arrested.

Odom said the investigation revealed that Mitchell had allegedly entered the home through the back door. While Mitchell was allegedly in the process of taking property, the resident discovered Mitchell in his home and physically detained him while police were called.

Mitchell, who has prior burglary arrests and is on probation for burglary, is alleged to have had burglary tools in his possession, according to Odom.

He said Mitchell was booked at the Lake County Jail for burglary, possession of burglary tools and a probation hold.

The Polk Street incident remains under investigation, Odom said.

Police also are investigating a second Friday morning burglary that Odom said may be related to the one on Polk Street.

At 8:20 a.m. a burglary was reported in the 100 block of S. Starr Street, which Odom said is in the same area as the S. Polk Street burglary.

Odom said it is believed that Mitchell may be involved in the S. Polk Street burglary as well.

Mitchell was previously arrested in March 2010 for drunk driving after a car he was driving flipped near the intersection of Lakeshore Boulevard and Penelope Court in north Lakeport, as Lake County News has reported.

In that crash, Mitchell and two other teens were ejected from the vehicle. All were injured, including Mitchell, who had major injuries, according to the initial California Highway Patrol report.

Anyone with information related to the Lakeport burglary incidents is encouraged to contact the Lakeport Police Department at 707-263-5491.

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