CLEARLAKE OAKS, Calif. – A driver escaped injury Tuesday after her vehicle went off Highway 20 and into Widgeon Bay.

The single-vehicle crash occurred just east of Hillside Lane shortly after 5 p.m., according to the California Highway Patrol.

The female driver was headed eastbound on Highway 20 when she lost control of the small SUV, which slid off into the bay, said Northshore Fire Protection District Chief Jay Beristianos.

The vehicle came to rest facing in a westerly direction, its wiper blades still moving and its headlights on. It landed about 20 feet from a nearby dock.

Beristianos said the woman had managed to get out of the car and was uninjured.

The Northshore Dive Team responded to the scene to assist with hooking the vehicle up to the tow cable in order to remove it from the water. CHP also was at the scene.

Northshore Fire Deputy Chief Pat Brown said it was the third vehicle collision district firefighters had responded to on a rainy Tuesday. He said all of the crashes were noninjury.

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. .

NORTH COAST, Calif. – A man whose body was found near the Pacific Ocean last weekend has been identified.

Daniel Gregory Kolb, 34, a transient from Colorado, was found on the shore near Westport on April 7, according to Capt. Kurt Smallcomb.

Smallcomb said an autopsy was conducted on Kolb on Monday.

He said Kolb's injuries were consistent with being submerged in the ocean for several days and eventually being located along the rocky shoreline.

On Tuesday, Kolb was positively identified, according to Smallcomb.

Mendocino County Sheriff's detectives are continuing the investigation into the decedent's death, Smallcomb said.

LAKE COUNTY, Calif. – Lake County's residents continue to face challenges related to smoking, vehicle crashes and the need for more primary care physicians, according to a new assessment of county health rankings nationwide.

For the third year, the overall health and longevity of residents in more than 3,000 counties and the District of Columbia were ranked as part of the County Health Rankings.

The annual rankings are a project of the University of Wisconsin Population Health Institute and the Robert Wood Johnson Foundation, and can be found online at www.countyhealthrankings.org .

In the 2012 report, Lake County ranked 52 out of the 56 California that were ranked. Once again, Alpine and Sierra were not included.

“The County Health Rankings show us that much of what influences our health happens outside of the doctor’s office. In fact, where we live, learn, work and play has a big role in determining how healthy we are and how long we live,” said Risa Lavizzo-Mourey, M.D., M.B.A., president and chief executive officer of the Robert Wood Johnson Foundation, one of the annual study's sponsors.

“The good news,” Lavizzo-Mourey added, “is that businesses, health care providers, government, consumers and community leaders are already joining forces in communities across the nation to change some of the gaps that the rankings highlight.”

Based on the latest publicly-available data for each county, the annual rankings consider factors that affect people’s health within four categories: health behavior, clinical care, social and economic factors and physical environment.

Figuring into the overall calculations are what the institute and foundation term as “critical factors” including education rates, income levels, access to healthy foods and access to medical care.

The 2012 rankings include new features such as how many fast food restaurants are in a county, levels of physical inactivity among residents and graphs illustrating premature death trends over 10 years.

Ranking in the top five statewide were Marin, which returned at No. 1, along with Santa Clara, San Benito, Placer and San Mateo. Trinity County remained in last place.

While ranked near the bottom in 2012, Lake has improved from its 2010 ranking of 54 and its 2011 ranking of 53.

However, Lake County Health Officer Dr. Karen Tait raised concerns about making year-to-year comparisons on the rankings, noting that the data used for each year varies considerably.

“That said, I am somewhat encouraged by some trends toward improvement in some areas,” she told Lake County News.

For example, she pointed out that Lake County's “health outcomes” improved from 55 in 2010 to 52 in 2012. While “overall mortality” remained the same in 2012 as in 2011 – at 54 out of 56 counties rated – it was improved from 2010, when the county was ranked 55^th statewide.

Tait pointed to “more substantial improvement” in the ranking for morbidity, or the incidence of disease, which was 45 in 2010, 43 in 2011 and in the newest rankings was 38 out of 56.

Lake County, Tait said, also faces “substantial challenges” in the rankings' “health factors” category, which covers smoking, motor vehicle crashes, high rates of unemployment and children living in poverty.

The rankings state that 20 percent of the county's adult population smokes. In addition, Lake has a motor vehicle collision fatality rate of 28 per 100,000 people; only Trinity, Calaveras and Mariposa counties have higher rates than Lake's in that category.

Another critical factor facing the county is the need for more primary care physicians. Based on her assessment of the rankings, Tait said the ratio of population to primary care physicians is very high – at 1,228 people per physician – compared to an overall state ratio of 847 people per physician.

To meet the national benchmark – 631 people to one physician – “We would need to double the number of primary care physicians,” Tait said.

Tait said a number of community groups, government agencies and citizens are trying to tackle problems such as tobacco use, obesity prevention, promotion of better nutrition, greater physical activity and management of chronic disease, and meet regularly as part of the Health Leadership Network.

“These efforts are taking place throughout the community, which is gratifying because I believe that community-wide awareness and individualized approaches are the keys to success,” she said.

Tait added, “It is difficult to directly or proportionately attribute changes in our rankings to these efforts, but I am really pleased to see the level of interest and effort to improve health in so many arenas throughout the county.”

While the county still faces many challenges, Tait said she's encouraged by the slight improvements in overall health outcomes, which have come despite the economic downturn in recent years, which has hit Lake County particularly hard.

“To me, this demonstrates that economic determinants of health, while significant, are not the sole drivers of health. A community that is determined to address other potentially controllable health risk factors can still make positive strides toward achieving better health,” said Tait, adding that she continues to be impressed with the resilience and creativity of Lake County residents in seeking out approaches that make sense and work for them.

On a regional basis, the rankings for Lake's neighboring counties included Colusa, 11; Yolo, 7; Sonoma, 12; Napa, 14; Glenn, 27; and Mendocino, 39.

Nationally, the rankings found distinct trends across specific regions.

Those trends included the findings that excessive drinking rates are highest in the northern states; rates of teen births, sexually transmitted infections and children in poverty are highest; unemployment rates are lowest in the northeastern, Midwest and central plains states; and motor vehicle crash deaths are lowest in the northeastern and upper Midwest states.

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. .

LAKEPORT, Calif. – A judge has granted a change of venue motion filed on behalf of a Kelseyville man accused of having sex with a young teenage girl, finding that pretrial publicity has tainted the jury pool, making it unlikely that the defendant would get a fair trial locally.

Derik Navarro, 40, is facing prosecution on 16 charges for his alleged sexual relationship that occurred from 2005 to 2006, beginning when the young woman was 14 years old. Of the charges, 14 are felonies and two are misdemeanors, according to court records.

“Here the court does conclude that there is a reasonable likelihood that a fair and impartial trial cannot be had in the county and accordingly the court orders the granting of the motion for a change of venue,” said retired Judge Robert Crone, noting that Navarro's case may be the first in which he's granted such a motion.

During the hearing, which lasted most of the morning, the defense argued that growing media coverage, along with public comments about the case by Sheriff Frank Rivero, had created an atmosphere in which Navarro was already considered guilty by many potential jurors.

The case has been ongoing since April 2007, when Navarro was fired from the Lake County Sheriff's Office and then arrested on the charges a week later, as Lake County News has reported.

The California Attorney General's Office is handling the case's prosecution because District Attorney Don Anderson has a conflict in the case due to having represented Navarro in an employment matter while a private attorney several years ago.

Last December, the Attorney General's Office reached an agreement with Navarro and his attorney, Mitchell Hauptman, in which Navarro would have served up to three months in jail in exchange for pleading guilty to one count of felony unlawful intercourse with a child under age 16, with 15 other charges to be dismissed.

Judge Andrew Blum rejected the agreement in January, despite the requests from the victim and her family that the agreement be approved in order to allow them to move forward with their lives.

In the Wednesday morning hearing before Crone, Hauptman argued for the change of venue, a motion with Senior Assistant Attorney General Dave Druliner did not oppose.

Hauptman, pointing out the duration the case has been working its way through the courts, said, “Up until last December it was relatively obscure.”

However, in the wake of the attempt to reach the plea agreement the case became a “circus,” he said.

The public did not support the plea agreement, “including our sheriff.” Rivero, Hauptman noted, stepped up and showed his disapproval “in unambiguous language.” At the time of the plea agreement, Rivero also had released a press statement on his opinions on the deal.

Hauptman said opinion about the case evolved into one of a peace officer getting a sweetheart deal and avoiding responsibility.

Citing case law, Hauptman said a confession in a small county offers no alternative but to change the venue.

“Here we have of course a plea bargain which in the public's mind is an admission of guilt,” he said, and there is no way to easily uncover that in pretrial questioning of jurors without exposing them to knowledge, and therefore prejudice, in the case.

He said a community opinion survey suggested that as many as one in three community members believe Navarro is guilty because of the plea agreement.

“There is no reasonable likelihood that Mr. Navarro can receive a fair trial by reason of the publicity,” said Hauptman.

In his response, Druliner offered support for the venue change.

“The history of the case is such that it is our opinion that the appropriate thing to do is to grant the motion, and we would urge the court to do that because we feel the legal standard has been met by the evidence,” Druliner said.

He said they do not want to risk appellate review in the case a venue change isn't granted, adding that the case already has been in the system for five years.

Expert explores the impacts of the press on the case

Publicity in the case has jumped significantly since the December plea agreement, and the only witness of the day, Dr. William Rountree, explained in detail his findings about the impact of the publicity, reviewing 27 articles written about the case from April 2007 up through last month.

Rountree also reviewed comments on those articles, with some comments suggesting Navarro should be shot or castrated, evidence of the kind of emotion the case has elicited from the community.

Prejudicial publicity doesn't always necessitate a change of venue, Rountree explained. “However, in this particular case, and under California case law, because we're talking about publicity of a plea agreement in a very small venue like Lake County, the line is fairly bright.”

With the assistance of the Renton, Wash.-based Pacific Market Research, Rountree and an associate conducted the research on the case, ultimately coming up with 300 interviews of randomly selected residents after starting with a database of 10,000 phone numbers in the county.

“In this case there was a fairly substantial recognition rate,” he said, with a high number of local residents – 58 percent of the 300 surveyed– recognizing the case.

Of that 58 percent, more than 50 percent responded that Navarro was probably guilty or definitely guilty of the charges against him, which during his questioning Hauptman said translated into about 33 percent of the county's eligible jurors.

Rountree and his associate analyzed a total of 27 articles on the case between April 2007 and March 2012. Of those articles, 15 were in the Lake County Record-Bee, seven in Lake County News and five in the Santa Rosa Press Democrat.

The comments in those articles also were analyzed, as Rountree said they often reflect community attitudes.

He said that there were nine to 10 stories during a 43-month period, and the remaining 17 or 18 stories were published after the announcement of the plea agreement in December. “The plea agreement spurred the news publications into writing more about the case.”

Rountree also noted, “The potential that the jury pool was aware of the plea agreement as a confession definitely complicates the jury selection process.”

The articles included inflammatory information including charges and references to the failed plea agreement, a second victim that initially was reported and an internal investigation by the sheriff's office, he said.

Another factor was Rivero's statements about the case, Rountree explained.

“Sheriff Rivero's statements about the plea agreement being a travesty of justice was something that was extensively covered in the news media and also garnered reactions in the comments sections to the news articles,” said Rountree.

He said social science research has looked at the enduring impression of both factual and emotional coverage of an issue. Anything that can be read as a defendant's admission of guilt is likely to endure.

Rountree said the reaction to the case arises, in part, from the circumstances. “Sex crimes against children are among the most severe crimes in terms of public reaction,” he said.

Although there have been “blips” of positive information about Navarro, Rountree said the coverage has been overwhelmingly negative.

As for the pretrial coverage by the media, to the extent that the pretrial publicity is leading people to prejudge the case and Navarro, “It's coming from the coverage of the Record-Bee,” not the Press Democrat or Lake County News, Rountree said.

He said that his study showed that 80 percent of people who know about plea agreement think Navarro is guilty.

Rountree also said he believed there was a “reasonable likelihood” that Navarro wouldn't get a fair trial in Lake County.

He said there are other options rather than a change of venue, including delay, a potential gag order – which he said isn't likely to go forward – and more exacting juror questioning. There also could be a  bench trial; in other words, a judge, not a jury, would decide the case.

With 80 percent of the people surveyed who were aware of the plea agreement believing Navarro was guilty, Druliner asked if Rountree would question the credibility of the remaining 20 percent. Rountree said yes.

Rountree said Rivero's press release and statements about the plea agreement being a “travesty of justice” got a lot of attention.

“That was one of the major factors that led to politicizing this case to the extent that moving it out of Lake County became something that's part of our recommendation for change of venue,” he said.

Druliner also asked Rountree about Rivero's attempt at ex parte communications about the case with Judge Blum. Rountree said he was aware of it but couldn't testify on the issue.

In his closing arguments, Hauptman explained that the plea agreement and the resulting publicity had brought the case to the point of needing a change of venue, which he believed was the only workable option.

“Here there are matters that really are important, that really will affect the outcome of a trial, and as a matter of course there's simply no way if there is a guilty verdict for Mr. Navarro to know the result was not tainted,” Hauptman said.

Druliner agreed with the motion's necessity.

“The people are satisfied that denying the motion at this point and going to jury selection – actual boots on the ground jury selection in this courtroom or in this courthouse – will be inadequate under the circumstances, given the history of the case and pretrial publicity,” he said.

Crone found that the statute, the evidence, the prosecution and defense all seemed to be in agreement, and in his overall evaluation of the case he felt moving Navarro's trial out of Lake County was the only option.

He said he tried to think of other remedial solutions. “There isn't any practical way from the evidence that's been presented,” he said, adding he found Rountree's testimony, research and methodology thorough and convincing.

Crone suggested that the trial should be moved to a county far enough away where press coverage won't impact the jury pool.

The case will be brought back for further proceedings in order to begin the process of finding a court to hear it.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. .

LAKE COUNTY, Calif. – This week an Assembly budget committee is set to discuss the governor's proposed cuts for In-Home Supportive Services (IHSS) clients in the coming budget year.

Assembly Budget Subcommittee No. 1 on Health and Human Services will discuss the Gov. Jerry Brown's proposed reduction to the IHSS program as part of a hearing on Wednesday, April 11, at 1:30 p.m. in Room 437 of the Capitol.

The IHSS Program helps more than 425,000 low-income seniors and people with disabilities across California live safely in their own homes. By doing so, IHSS prevents clients from being placed in more costly care facilities.

As part of his 2012-13 budget, Brown is proposing to eliminate domestic and related care services – such as laundry, food shopping, cooking, and general housework – for most IHSS participants living with others, a change that is estimated to impact approximately 254,000 people.

The California Budget Project said the governor's proposal would cut state spending on IHSS by $207 million in 2012-13 and result in the loss of $424 million in county and federal funds, for a total reduction of $631 million.

In Lake County, an estimated 1,020 IHSS clients would lose benefits totaling approximately $3,267,000, according to a California Budget Project report on the proposed cuts.

The Legislative Analyst's Office estimated that affected IHSS participants would lose an average of nine to 14 service hours per month, even in cases where they live with an unrelated individual who is not willing or able to do the listed domestic tasks.

The proposal would not apply to households in which an individual lives only with other IHSS participants or where other members of the household are unable to perform the needed tasks due to a medical condition, the California Budget Project reported.

The Legislative Analyst's Office's analysis of the proposed cuts to IHSS also noted that the governor is proposing to make IHSS a Medi-Cal managed care benefit, which “creates an opportunity for the Legislature to consider the future of the program.”

The report continued. “We find that the Governor's proposal for budget–year savings – the elimination of domestic and related care services for most IHSS recipients who live with other people – raises significant policy and legal concerns.”

As a result, the Legislative Analyst's Office is proposing that the Legislature consider two savings alternatives: the extension of the 3.6 percent across–the–board reduction in hours and the reenactment of the reduction in state participation in provider wages, both of which would achieve some state general fund savings in the budget year.

“We think that our alternatives pose less legal risks and implementation challenges than the Governor's proposal to achieve budget–year savings,” the report states.

IHSS already has been subject to cuts in recent years.

Cuts were made in the 2009-10 budget year and all participants had their hours reduced by 3.6 percent in 2010-11.

In addition, an additional 20 percent “trigger” cut resulting from the state being below its revenue target was implemented by state officials last December. A federal court injunction blocked that cut from taking place, according to homecare providers union, UDW, which joined with other advocate organizations to stop the cut.

LAKE COUNTY, Calif. – Residents of Lake County have an opportunity to participate in a historic study that has the potential to change the face of cancer for future generations.

Men and women between the ages of 30 and 65 who have never been diagnosed with cancer are needed to participate in the American Cancer Society’s Cancer Prevention Study-3 (CPS-3).

The opportunity for local residents to enroll in CPS-3 will take place at the Lake County Relay for Life at Clear Lake High School on Saturday, May 19, from 11 a.m. to 3 p.m.

CPS-3 is a grassroots effort where local communities from across the country can support cancer research not just through fundraising efforts, but also by participating actively in this historic research study.

CPS-3 will enroll a diverse population of up to half a million people across the United States and Puerto Rico.

Results from previous American Cancer Society long-term followup studies have demonstrated the link between cigarette smoking and lung cancer; the significant impact of being overweight or obese on risk of cancer occurrence and death; the impact of hormones, physical activity, diet, various medications and vitamins, and various other factors in relation to cancer risk; the impact of air pollution on cardiopulmonary conditions motivating the Environmental Protection Agency to propose more stringent limits on particulate air pollution; and the link between aspirin use and reduced risk of colon cancer.

Those studies also have shown the link between postmenopausal hormone replacement therapy and various gynecologic cancers (such as breast and ovarian cancer); the link between diabetes and cancers of the pancreas and colon; and the link between physical activity and lower risk of various cancers (including breast, colon and aggressive prostate cancer) .

Because the current study population – for CPS-II – is aging, the American Cancer Society must recruit a new study population for the next generation of research.

Also, the environment and individuals' lifestyles change over time. New follow-up studies like CPS-3 are needed to understand these changes.

The society's researchers will study CPS-3 members for the next 20 to 30 years. This younger study population will have environmental and lifestyle exposures that may be meaningfully different from previous study populations and will help further advance the understanding of the factors that cause or prevent cancer.

Finally, researchers improve their understanding of what causes cancer, CPS-3 will allow them to explore new and emerging hypotheses related to cancer.

For more information about CPS-3 and the selected enrollment locations please email This email address is being protected from spambots. You need JavaScript enabled to view it. or call toll-free 1-888-604-5888.

Death rates from all cancers combined for men, women, and children continued to decline in the United States between 2004 and 2008, according to the Annual Report to the Nation on the Status of Cancer, 1975-2008.

The overall rate of new cancer diagnoses, also known as incidence, among men decreased by an average of 0.6 percent per year between 2004 and 2008, the report showed, while the overall cancer incidence rates among women declined 0.5 percent per year from 1998 through 2006 with rates leveling off from 2006 through 2008.

The report is co-authored by researchers from the Centers for Disease Control and Prevention, the North American Association of Central Cancer Registries, the National Cancer Institute, and the American Cancer Society.

Esophageal adenocarcinoma, cancers of the colon and rectum, kidney cancer, pancreatic cancer, endometrial cancer, and breast cancer among postmenopausal women are associated with being overweight or obese, according to the report. Several of these cancers also are associated with not being sufficiently physically active.

“This report demonstrates the value of cancer registry data in identifying the links among physical inactivity, obesity, and cancer,” said CDC Director Thomas R. Frieden, M.D. “It also provides an update of how we are progressing in the fight against cancer by identifying populations with unhealthy behaviors and high cancer rates that can benefit from targeted, lifesaving strategies, and interventions to improve lifestyle behaviors and support healthy environments.”

For more than 30 years, excess weight, insufficient physical activity, and an unhealthy diet have been second only to tobacco as preventable causes of disease and death in the United States. However, since the 1960s, tobacco use has declined by a third while obesity rates have doubled, significantly impacting the relative contributions of these factors to the disease burden.

Excess weight and lack of sufficient physical activity have been linked to increased risk of cardiovascular disease, hypertension, diabetes and arthritis, as well as many cancers.

“In the United States, two in three adults are overweight or obese and fewer than half get enough physical activity,” said John R. Seffrin, Ph.D., chief executive officer of the American Cancer Society. “Between children and youth, one in three is overweight or obese, and fewer than one in four high school students get recommended levels of physical activity. Obesity and physical inactivity are critical problems facing all states. For people who do not smoke, excess weight and lack of sufficient physical activity may be among the most important risk factors for cancer.”

The Report to the Nation was first issued in 1998. In addition to drops in overall cancer mortality and incidence, this year's report also documents the second consecutive year of decreasing lung cancer mortality rates among women. Lung cancer death rates in men have been decreasing since the early 1990s.

Colorectal cancer incidence rates also decreased among men and women from 1999 through 2008. Breast cancer incidence rates among women declined from 1999 through 2004 and plateaued from 2004 through 2008. The report showed incidence rates of some cancers, including pancreas, kidney, thyroid, liver, and melanoma, increased from 1999 through 2008.

“The continued declines in death rates for all cancers, as well as the overall drop in incidence, is powerful evidence that the nation’s investment in cancer research produces life-saving approaches to cancer prevention, screening, diagnosis, and treatment,” said NCI Director Harold E. Varmus, M.D. “But, it is also important to note that investments we make today are critical if we hope to see these declines in incidence and death from cancer reflected in future Reports to the Nation.”

Among children aged 19 years or younger, cancer incidence rates increased 0.6 percent per year from 2004 through 2008, continuing trends from 1992, while death rates decreased 1.3 percent per year during the same period. These patterns mirror longer-term trends.

Among racial and ethnic groups, the highest cancer incidence rates between 2004 and 2008 were among black men and white women. Cancer death rates from 2004 through 2008 were highest among black men and black women, but these groups showed the largest declines for the period between 1999 and 2008, compared with other racial groups.

The differences in death rates by racial/ethnic group, sex, and cancer site may reflect differences in risk factors, as well as access to and use of screening and treatment, according to health experts.

“While the sustained decline in cancer mortality rates is good news, the persistence of disparities among racial and ethnic groups continues to concern us,” said Betsy A. Kohler, executive director of NAACCR. “The collection of comprehensive cancer surveillance data on all patients may provide clues to understanding these differences and addressing them.”

The report notes that continued progress against cancer in the United States will require individual and community efforts to promote healthy weight and sufficient physical activity among youth and adults.

To view the full report, visit http://wileyonlinelibrary.com/journal/cancer-report2012 .