Thursday, 18 April 2024

News

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.

HIDDEN VALLEY LAKE, Calif. – The Hidden Valley Lake Community Services District Board of Director has dismissed the district's longtime manager and is now working to secure an interim manager while the recruitment process moves forward.

The district provides sewer and water to the Hidden Valley Lake community's estimated 7,000 residents.

At a special meeting held March 20, the board went into closed session and emerged to announce that General Manager Mel Aust “will be dismissed for cause, effective immediately,” by a unanimous vote of the board, according to board documents.

Aust recently had overseen a nearly $2 million solar project for the district's water reclamation plant, as Lake County News has reported.

According to State Controller John Chiang's Web site tracking local government pay rates, Aust's salary in 2010 had been $184,424, making him one of the highest paid officials in the county at that time.

Finding Aust's successor has been the topic of several special board of directors' meetings since late March.

On March 24, the board discussed a possible succession plan, a discussion held over to the board's next special meeting on March 28, at which time board members also discussed hiring a temporary general manager.

Last Thursday, April 5, following a closed session, the board announced that it had agreed on a short list of candidates from among the resumes board members reviewed for the interim general manager position, according to district documents.

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 .

LAKEPORT, Calif. – Looking for a new companion? Now is a good time to find one.

Lake County Animal Care and Control has a full house of puppies and adult dogs needing a new home to call their own.

Thanks to Lake County Animal Care and Control’s new veterinary clinic, many of the animals offered for adoption already are spayed or neutered and ready to go home with their new families.

Dogs that are adopted from Lake County Animal Care and Control are either neutered or spayed, microchipped and, if old enough, given a rabies shot and county license before being released to their new owner. License fees do not apply to residents of the cities of Lakeport or Clearlake.

If you're looking for a new companion, visit the shelter. There are many great pets hoping you'll choose them.

The following dogs at the Lake County Animal Care and Control shelter have been cleared for adoption (additional dogs on the animal control Web site not listed are still “on hold”).

hoochdog

'Hooch'

“Hooch” is a 10-month-old male pit bull terrier mix.

He came to the shelter as a stray. He had been with another dog that had been hit and killed by a car. Hooch stayed by his friend's side all night in the pouring rain, shelter staff reported.

Hooch is about 70 pounds, has a short, chocolate-colored coat and is not yet neutered.

He is a “low energy” dog and loves to be with other canines.

He's in kennel No. 27, ID No. 32256.

lobodog

'Lobo'

“Lobo” is a 1 and a half year old male German Shepherd mix.

He is a very active dog who loves to play ball; shelter staff said he would play ball all day long if he could.

Lobo has lived with kids cats and other dogs, and is neutered.

Find him in kennel No. 33, ID No. 32234.

blueheeler7

Heeler-border collie mix

This male blue heeler-border collie mix is 8 months old.

He is black and tan in color, weighs just under 35 pounds and has been neutered.

This pup must have a home with other dogs, and a big yard to run. He has a moderate energy level and enjoys playing.

Find him in kennel No. 7, ID No. 32009.

ikedog

‘Ike’

“Ike” is a 6-year-old male German Shepherd mix.

He weighs nearly 79 pounds, and has a long black and tan coat.

Shelter staff said Ike is great with other dogs, large and small. He is a low energy, well mannered canine who also has lived with horses.

Find Ike in kennel No. 11, ID No. 32187.

femaleshepherd28

Female shepherd mix

This 10-month-old female shepherd mix is ready for a new home.

She is about 66 pounds, has a long coat and is not yet spayed.

She was found with an old injury to her front left leg. Although she is quiet and mellow she seems to get by just fine and loves to play with other dogs her size, but may be too rough for small dogs.

Find her in kennel No. 28, ID No. 32270.

labpup17d

Female lab-shepherd mix puppy

This female Labrador Retriever-shepherd mix puppy is 8 weeks old.

She has black coloring and is not yet altered.

Find her in kennel No. 17d, ID No. 32265.

labmixpup17c

Female lab-shepherd mix puppy

This female puppy, also a Labrador Retriever-shepherd mix, is 8 weeks old.

She is not yet altered. She has a short, black coat.

She is in kennel No. 17c, ID No. 32264.

labmixpup17b

Female lab-shepherd mix puppy

This female Labrador Retriever-shepherd mix puppy is 8 weeks old.

She has a short, reddish coat and is not yet spayed.

She is in kennel No. 17b, ID No. 32263.

labsharpei17a

Labrador Retriever-Shar Pei puppy

This male Labrador Retriever-Shar Pei mix puppy is 8 weeks old.

He has black and tan coloring and is not yet neutered.

Find him in kennel No. 17a, ID No. 32260.

labmixpup16e

Male Labrador Retriever-Shepherd puppy

This 8-week-old puppy is a Labrador Retriever-shepherd mix.

He has a short dark coat, and is not yet neutered.

Find him in kennel No. 16e, ID No. 32262.

labmixpup16d

Male Labrador Retriever-Shepherd puppy

This male puppy is a Labrador Retriever-Shepherd mix.

He is 8 weeks old and is not yet altered.

He is in kennel No. 16d, ID No. 32261.          

labmixpup16c

Male Labrador Retriever-Shepherd puppy

This male puppy is a Labrador Retriever-Shepherd mix.

He is 8 weeks old has black and tan coloring. He is not yet altered.

He is in kennel No. 16c, ID No. 32259.          

labmixpup16b

Male Labrador Retriever-Shepherd puppy

This male Labrador Retriever-Shepherd mix puppy is 8 weeks old.

He has black and tan coloring and is not yet altered.

He is in kennel No. 16b, ID No. 32258.

labmixpup16a

Labrador Retriever-Shar Pei mix

This male Labrador Retriever-Shar Pei mix is 8 weeks old.

He has a short black and tan coat, and is not yet neutered.

Find him in kennel No. 16a, ID No. 32257.

labmixpup15b

Border collie mix pup

This female border collie mix puppy is 12 weeks old.

She has black coloring, a short coat and has been spayed, and weighs about 12 pounds.

She's full of energy and looking for a good home.

She's in kennel No. 15b, ID No. 32048.

choclabmixpup15a

Border collie mix pup

This 12-week-old female border collie mix puppy is the sister to the puppy in kennel No. 15b.

She is around 11 pounds, has chocolate coloring and a short coat, and has been spayed.

Both she and her sister are expected to be medium-sized dogs.

Find her in kennel No. 15a, ID No. 32045.

Adoptable dogs also can be seen at http://www.co.lake.ca.us/Government/Directory/Animal_Care_And_Control/Adopt/Dogs_and_Puppies.htm or at www.petfinder.com .

Please note: Dogs listed at the shelter's Web page that are said to be “on hold” are not yet cleared for adoption.

To fill out an adoption application online visit http://www.co.lake.ca.us/Government/Directory/Animal_Care_And_Control/Adopt/Dog___Cat_Adoption_Application.htm .

Lake County Animal Care and Control is located at 4949 Helbush in Lakeport, next to the Hill Road Correctional Facility.

Office hours are Monday through Friday, 8 a.m. to 5 p.m., and 1 p.m. to 3 p.m., Saturday. The shelter is open from 10:30 a.m. to 4:30 p.m. Monday through Friday and on Saturday from 1 p.m. to 3 p.m.

Visit the shelter online at http://www.co.lake.ca.us/Government/Directory/Animal_Care_And_Control.htm .

For more information call Lake County Animal Care and Control at 707-263-0278.

041012carinlake

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. .

MENDOCINO COUNTY, Calif. – Mendocino County officials are investigating the death of a man whose body was found near the Pacific Ocean over the weekend.

The man, whose identity has not yet been released, was found on the afternoon of Saturday, April 7, according to a report from Capt. Kurt Smallcomb of the Mendocino County Sheriff's Office.

Smallcomb said that at 1:45 p.m. Saturday Mendocino County Sheriff's deputies and Westport Fire were dispatched to the north side of the Juan Creek coastside where the unidentified decedent had been washed to shore and wedged into the rocks.

Emergency personnel removed the decedent from the rocky terrain – approximately 20 feet from the Pacific Ocean – and the body was transported to Chapel by the Sea Mortuary, Smallcomb said.

Deputy sheriffs examined the decedent and found him to be a male adult. Smallcomb said it appeared the decedent had been in the ocean for several days prior to washing ashore.

An autopsy was conducted Monday morning, Smallcomb said.

The Mendocino County Sheriffs Office is continuing the investigation into the identity of the man and the circumstances around his death, Smallcomb said.

Smallcomb said more information will be released once the identity of the man has been established.

messier9

The NASA/ESA Hubble Space Telescope has produced the most detailed image so far of Messier 9, a globular star cluster located close to the center of the galaxy.

This ball of stars is too faint to see with the naked eye, yet Hubble can see over 250,000 individual stars shining in it.

Messier 9 is a globular cluster, a roughly spherical swarm of stars that lies around 25,000 light-years from Earth, near the center of the Milky Way, so close that the gravitational forces from the galactic center pull it slightly out of shape.

Globular clusters are thought to harbor some of the oldest stars in our galaxy, born when the universe was just a small fraction of its current age.

As well as being far older than the sun – around twice its age – the stars of Messier 9 also have a markedly different composition, and are enriched with far fewer heavier elements than the sun.

In particular, the elements crucial to life on Earth, like oxygen and carbon, and the iron that makes up our planet’s core, are very scarce in Messier 9 and clusters like it. This is because the universe’s heavier elements were gradually formed in the cores of stars, and in supernova explosions.

When the stars of Messier 9 formed, there were far smaller quantities of these elements in existence.

Messier 9, as its name suggests, was discovered by the great French astronomer Charles Messier in 1764.

Even through the most advanced telescopes of the day, none of the stars in the cluster could be seen individually.

Messier, seeing only a faint smudge, therefore classified the object as a nebula – or “cloud” in Latin.

It was only later in the 18th century that astronomers, most notably William Herschel, began to spot stars within the cluster.

The contrast between Messier’s equipment and the tools at the disposal of today’s astronomers is stark.

Hubble’s image, the highest resolution image yet made of Messier 9, is able to resolve individual stars, right into the crowded center of the cluster.

More than 250,000 of them are neatly focused on the detector of Hubble’s Advanced Camera for Surveys, in an image which covers an area no bigger than the size of the head of a pin held at arm’s length.

As well as showing the individual stars, Hubble’s image clearly shows the different colors of the stars.

A star’s color is directly related to its temperature – counter-intuitively, perhaps, the redder it is, the cooler it is; and the bluer it is, the hotter.

The wide range of stellar temperatures here is clearly displayed by the broad palette of colors visible in Hubble’s image of Messier 9.

Messier 9’s neighborhood is interesting too, and is marked by two vast and dark nebulae. These pitch-black clouds of interstellar dust are known as Barnard 259 (to the south-east of Messier 9) and Barnard 64 (to the west), and are clearly visible in wide-field images of the cluster.

The Hubble Space Telescope is a project of international cooperation between ESA and NASA.

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 55th 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. .

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LAKE COUNTY, Calif. – A Homeland Security grant has provided the Northshore Dive Team with several new pieces of important equipment to use in recovery and rescue operations in local waters.

Northshore Fire Capt. John Rodriguez said the team received the $16,000 grant at the end of December.

Diver Keith Hoyt said Willie Sapeta, Lake County's interim Office of Emergency Services coordinator and – beginning in January – the new Lake County Fire Protection chief, was important in the work of securing the grant.

In early January the team purchased the new equipment, Rodriguez said.

The new items include two air bags that can be inflated with scuba tanks, each with the capacity to lift 2,000 pounds underwater. Hoyt said the bags can be used to lift sunken cars or other vehicles out of a lake or other water body.

Rodriguez said the team also purchased four complete face mask sets that allow the divers to talk to each other, and their surface team, wirelessly. Recently the team has been practicing with the masks at the Westshore Pool in Lakeport.

In addition, they purchased hardwired communication ropes and an accompanying Aquacom communications box that also can be used for diver-to-surface and diver-to-diver communication.

In fact, Rodriguez said the special rope allows divers to speak to each other and the surface at the same time – a kind of underwater conference call.

In a practice this past Saturday in Nice, the team tried out the hardwired communication rope for the first time.

It went great. It went even better than expected,” said Rodriguez

The grant is a major development for the team, which has been in existence for eight years and now has a total of nine members – five divers and four “tenders” who work on shore to assist the divers.

The entire team is swift water certified, with all of the divers having gone through a public safety diving course, Rodriguez said.

Team members are first responders whenever water-related incidents are reported – whether it's collisions involving vehicles going into one of the local lakes or a missing swimmer, he said.

They've worked on recovery missions in Clear Lake, Blue Lakes, Hidden Valley Lake and Lake Pillsbury, and also have assisted with operations in the Ukiah area, Rodriguez said.

We respond to any of the lakes in Lake County,” he said.

During the team's eight-year existence, it's been supported mostly through donations and the team's beer booth at the annual Wild West Day in Upper Lake, according to Rodriguez. At the upcoming Wild West Day all of the new gear will be on display.

He said all donations go toward gear and training.

The team normally trains the first Friday and third Sunday of every month, Rodriguez said.

Donations can be made to the team at Northshore Fire Protection District's main office in Lucerne, located at 6257 Seventh Ave., telephone 707-274-3100.

Visit the team's Facebook page at https://www.facebook.com/#!/pages/Northshore-Dive-Team/289897949089 .

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

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Almost all the sediment-associated chemical concentrations found in 131 of the nation's rivers that drain to the Atlantic, Pacific and Gulf Coasts are lower than worldwide averages, according to a new study by the U.S. Geological Survey.

These coastal rivers are a significant pathway for the delivery of sediment-associated chemicals to the world’s coastal zones and oceans.  

"I hope that the results of this new study will remind everyone that it is not only river water that can transport chemicals and pollutants, but also the associated sediment load," said USGS Director Marcia McNutt. "Our citizens expect high environmental quality as compared with worldwide averages, but clean water alone will not suffice if river sediments are host to toxic heavy metals and concentrated organics that can produce dead zones."

Though overall levels are better than worldwide averages, about half the rivers draining to the Atlantic Ocean have elevated concentrations of nutrients and trace and major elements in their sediment. About a quarter of the rivers draining to the Pacific Ocean and the Gulf of Mexico also have elevated levels.  

"Suspended sediment and sediment-associated chemical concentrations and transport are not well quantified in most U.S. coastal rivers." said Dr. Arthur J. Horowitz, USGS research chemist and lead author on the study. "This study is the most comprehensive study to date that documents the chemical make-up of sediment in coastal rivers across the entire nation, and serves as a baseline comparison for understanding whether conditions are improving or getting worse. These baselines also may be used in the future to assess the impacts of climate change."

The U.S. coastal zone is a major economic resource and has substantial esthetic value. At the same time, these waters are under considerable environmental pressure from increasing population densities, urbanization, and various forms of commercial exploitation.  

Historically, sediment erosion and flow was viewed solely as a physical, engineering issue. Sediment-associated chemical quality has added a major new driver for monitoring suspended sediment.  

Suspended sediment in rivers often accounts for a significant portion of the chemical constituents transported downstream to coastal zones and oceans.

For example, in the Mississippi River Basin, suspended sediment accounts for the annual transport of at least 75 percent of the nutrient phosphorus, other major elements and trace elements, 50 percent of the carbon and 30 percent of the nitrogen delivered to the Gulf of Mexico.

This study examined concentrations and annual fluxes for trace elements, major elements and total nitrogen, phosphorus, carbon, organic carbon, inorganic carbon, and sulfur for 131 coastal river basins.

Other major findings include:

  • Elevated concentrations of trace elements like copper, zinc, lead and mercury frequently occur in association with present or former industrial areas and urban centers, particularly along the northeast Atlantic coast.
  • Elevated carbon and nutrient concentrations occur in sediment all along both the Atlantic and Gulf coasts, but primarily occur in rivers in the urban Northeast and Southeast, as well as in Gulf Coast “blackwater” streams, which are loaded with organic matter, because they drain swamps and marshes.
  • Elevated calcium, manganese, potassium, and sodium distributions tend to reflect local geology, whereas elevated titanium, sulfur, iron and aluminum concentrations are ubiquitous, possibly because they have substantial natural, as well as anthropogenic, sources.

This study was completed as part of the USGS Climate and Land Use Change Mission Area.

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