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June 8, 2011     Indian Valley Record
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June 8, 2011
 
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46 Wednesday, June 8, 2011 Bulletin, Progressive, Record, Reporter Preliminary hearing set for murder suspects Ruth Ellis Staff Writer rellis@lassennews.com A preliminary hearing has finally been set for two peo- ple being charged in the Jan. 2 death of a Susanville city police officer.. Lassen Superior Court Judge Michelle Verderosa cleared the court calendar for a five-day hearing sched- uled for 9 a.m. Monday, July 25, through Friday, July 29. The preliminary hearing will determine if the prosecution has enough evidence to try Joanna Lynne McElrath and Robin Glen James in the death of Susanville police officer Robert McElrath, Joanna's estranged husband. The two reappeared May 25 in Lassen Superior Court af- ter Lassen County District Attorney Bob Burns filed a motion to advance a prelimi- nary hearing. They are being held in custody without bail. A preliminary hearing set- ting conference -- which would schedule the prelimi- nary hearing -- had already been rescheduled twice with the next setting conference • scheduled for July 6. On March 9, Bud Landreth, one of McElrath's attorneys, said he had a death penalty case in April in Monterey County. Laureen Bethards, McElrath's Keenan counsel, said the defense team had received at least 30 gigabytes of new information that mem- bers had not reviewed and she would be gone in June. However, during the May court date Burns, on behalf of the people, said he request- ed the advancement of the preliminary hearing because he said the reasons the pre- liminary hearing setting con- ference was pushed to July had "gone away." According to court docu- ments, the motion for contin- uance was granted due to a death penalty jury trial that would last up to six weeks. The document, which out- lines the reason the continu- ance no longer exists, said, "Mr. Landreth, however, failed to inform the court that he filed a motion for con- tinuance in his Monterey County trial On Feb. 25, 2011." The document said, "If the people would have known a motion for continuance was filed in Mr. Landreth's trial, the people would not have agreed to a four month delay until the next preliminary hearing setting." The document also said Landreth was eventually re- moved from the case, a fact that was not communicated to the people in Lassen Coun- ty. Bethards said it was her understanding the date was set for July due to the fact the defense had received new in- formation it had not yet been able to view. However, she said she was not opposed to the motion to advance the preliminary hearing. Burns said he was antici- pating the preliminary hear- ing would take three days and said he was shooting long. However, Bethards said three days was optimistic. Lassen Superior Court Judge Michelle Verderosa said, "I trust counsel can get it done within the five days." Burns said he was plan- ning to call 15 witnesses to the preliminary hearing. Verderosa also approved a stipulation by Burns who asked that sealed documents be unsealed, copied and re- sealed for the purpose of dis- tributing them to the defense counsel, who also agreed to the stipulation. McElrath and James were arrested Thursday, Jan. 6, on charges of premeditated mur- der, conspiracy and special allegations that the murder was committed for the pur- pose of financial gain, lying in wait and that James al- legedly used a handgun dur- ing the felony and that action resulted in Robert McE1- rath's death. On Monday, Jan. ]0, they pleaded not guilty to those charges as well as the special allegations. Use caution If you're in the outdqors anywhere in California this spring, you might cross paths with one of the state's most common predators -- the coyote. Clever, nimble and quick, the coyote may at first glance appear to be more of a nuisance than a direct threat. But don't let your guard down, the Cali- fornia Department of Fish and Game (DFG) warns. Coyotes -- especially those who live in urban set- tings and have grown accus- tomed to humans -- can be- come emboldened to the point where they become a public safety threat. "Once coyotes become ha- bituated to people, they be- gin to exhibit increased lev- els of aggression, which can lead to biting incidents," ex- plained Kevin Brennan, a DFG biologist who works out of Idyllwild (Riverside County). Brennan has re- sponded to hundreds of coy- ote incidents and is familiar with the inevitably unhappy coyotes more danger than nuisance result when coyotes become accustomed to humans. The coyote (Canis latrans) is a member of the dog fami- ly and is native to Califor- nia. It closely resembles a small German shepherd with the exception of the long snout and bushy, black- tipped tail. Because they are tolerant of human activities and rapidly adjust to changes in their environ- ment, the highly adaptable coyote populates virtually the entire state. Brennan notes that coyotes are actually the most populous in suburban neighborhoods, in part because there are so many food sources available to them in addition to their usual diet of rabbits, mice, birds and other small animals, young deer and sheep. Those additional food sources include left-out pet food and left-out pets, as well as unsecured garbage in neighborhoods and the rodents such SUMMIT BUSINESS ADVISORS Mark Smith 530-836-1570 (Graeagle)• 775-229-3913 (cell) CExP, CBI • CA Lic. 01525569 • Business Exit Planning • Business Sales and Acquisition Services for Business Owners and Business Buyers • More Than 30 Years of Experience Plumas and Lassen Counties Only Certified & Licensed Business Broker Serving Northern California and Nevada SCOTT TANNER BUSINESS EQUIPMENT Sales • Service • Supplies E-mail me at: mark.smith @ summitbusinessadvisors.com garbage attracts. When coyotes are allowed access to human food and garbage, either deliberately or inadvertently, they can lose their fear of people and become a real danger Most coyote sightings should be reported to local animal control districts. However, if a coyote acts ag- gressively or attacks people, call 911. For more informa- tion, visit dfg.ca.gov/keepmewild. The key to minimizing coyote-human contact is based on educating the pub- lic about coyote behavior and taking sensible precau- tions, Brennan said. "Never allow coyotes to become accustomed to your surroundings, because fa- miliarity can lead to con- tempt," Brennan said. While DFG does not col- lect statistics on coyote at- tacks, Brennan said, "There isn't a day that goes by that we don't receive calls con- cerning nuisance coyotes." Check Coyote guidelines To avoid problems with coy- otes, people should follow these guidelines Never feed or attempt to tame coyotes. The result may be deadly conflicts or serious injuries to pets, live- stock and even small chil- dren. Do not leave small children or pets outside unattended. Be aware that coyotes are more active in the spring, when feeding and protect- ing their young. If followed by a coyote, make loud noises. If this fails, throw rocks in the animal's direction. Put garbage in tightly closed containers that cannot be tipped over. Bewa" when using poison baits Californians are reminded to use caution when using poison baits (rodenticides) to control rodent pests this spring. Residents should be aware of the dangers that some ro- denticides pose to wildlife and pets, particularly through secondary poison- ing. Secondary poisoning oc- curs when scavenging species eat dead or dying . My daughter used to talk to me about what as going on for her and now she is very secretive_ 1 ut t Iks on her cell and is on Facebook all the time. I feel that I have the right to know what my daughter is doing and who her friends are, but she tells me that she has rights, too. I don't want to lose my daughter, but I don't want to lose my parental right to keep her safe either. How do I handle this? Concerned Dad Call the Plumas/Sierra Crisis Line at 1-877-332-2724 or 283-4333, and they will refer you to the appropriate people to answer these important questions. Crisis Line  Resource 283-4333 '"-- Center 1-877-332-2754 °r 283.5515 J A program of Plumas Crisis Intervention & Resource Center Lassen Community College WELDING TECHNOLOGY Learn a Skill, Certify, Earn a Degree or Enjoy a New Hobby • Discover or upgrade your welding skills in Oxyacetylene, GMAW (MIG), GTAW (TIG), SMAW (ARC), FCAW • Classes offered Monday through Saturday • Courses can be taken credit/no credit. Student projects are encouraged. • Job Placement Assistance • Associate of Science Degree, Certificate of Achievement and Certificate of Accomplishment in Welding Technology • A.W.S. Welding Qualification Tests on structural pipe and steel offered on campus For more information contact: Kory Konkol, Welding II Instructor, Certified Welding Inspector, Certified Welding II Educator 25,,,1-8887 . Summer 2o11 Classes Begin June :13 th" Register Today.'.' rodents that have been killed by rodenticides. Owls, hawks, other scavenging birds and predators such as raccoons, foxes, skunks and coyotes are at risk. Pets will also eat dead or dying ro- dents and unprotected bait. Deer may be attracted to the pellet forms of rodenticides. Over-the-counter rodenti- cides -- including many com- monly known brands that contain the active ingredi- ents brodifacoum, bromadi: olone or difethialone -- can only be legally used to con- trol rats and house mice in and very close to structures. It is not legal to use these products in open areas such as pastures or fields. Since 199.4, DFG's Pesticide Investigations Ipit has con- firmed at least 136 cases of wildlife poisoning from anti- coagulant rodenticides. Brod- ifacoum was the poison most frequently detected. "We would like to see homeowners use rodenti- cides only as a last resort," said DFG environmental sci- entist Stella McMillin. "Overuse of rodenticides, particularly brodifacoum and bromadiolone, has led to widespread exposure to wildlife." 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