Letters 3/4/2026

• Memo Of The Week
• Billionaires Could…
• A Dark Day
• If Elections Are Rigged….?
• Whitewashing History
• Reverse-Commute Carpool Hours Making Traffic Worse
• Billionaires Couldn’t Spend The Money In A Dozen Lifetimes
• Disenfranchising Voters
• Vote For Smart
• Weight, Not Mileage
• Cloverdale, Water And The Esmeralda Project
• Why Are The Gallahers Attacking Smart?
• Americans Aren’t Happy With Hostile Takeover
• Neighbors
• Trump Leads Us From One Controversy To The Next

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MEMO OF THE WEEK

AVA:

I'm writing to ask for support around the public records advocacy we undertook to open the LaFever docket. I was disappointed in the Ukiah Daily Journal for not reporting on the Motion to Intervene that opened the file. It is typical professional courtesy to acknowledge the work that one colleague does on behalf of all.

The hearing was on January 20. We reported the story on Feb. 11 and the UDJ followed on Feb. 12.

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Superior Court Of The State Of California

County Of Mendocino

In The Matter Of:

Case No. 25cr09419

Matthew Lafever Vs The State Of California And The Ukiah Police Department

Motion By Intervenor For Access To Court Proceedings And Records

(First Amendment & California Constitution, Art. I, § 3(b)(1))

Notice Of Motion And Motion

Please Take Notice that Elise Cox, a journalist and member of the public, hereby moves this Court for an order:

Opening to the public and press any hearing presently scheduled or conducted in Case No. 25CR09419;

Unsealing the docket and any orders reflecting closure or confidentiality;

Requiring that any continued closure be supported by written, on-the-record findings satisfying constitutional standards; and

Granting such other relief as the Court deems just and proper.

This motion is brought pursuant to the First Amendment to the United States Constitution, Article I, section 3(b)(1) of the California Constitution, and controlling state and federal case law recognizing the public’s right of access to criminal proceedings.

I. Introduction

This motion concerns a confidential criminal court proceeding at the pre-charging stage, in which no criminal complaint has been filed and no charges are pending. Despite the absence of a charging document, proceedings in this matter have been conducted outside public view.

The Constitution does not permit criminal proceedings to be closed by default, by custom, or by administrative convenience. Any closure — particularly one occurring before charges are filed — requires strict, on-the-record justification.

At present, the basis for closure in this matter is unclear. The moving party is not aware of any written closure or sealing order, nor of findings sufficient to overcome the strong presumption of openness that applies to criminal proceedings.

II. Factual Background

Case number: 25CR09419, Matthew LaFever vs the State of California and the Ukiah Police Department

Court: Mendocino County Superior Court

Presiding judicial officer: Hon. Keith Faulder

Status: Pre-charging

No criminal complaint or information has been filed

Proceedings have been treated as confidential or closed to the public

The absence of a charging document eliminates many of the interests commonly asserted to justify closure, including protection of a defendant’s fair-trial rights.

III. Legal Standard: Courtroom Closure Is Presumptively Unlawful

A. Constitutional Presumption Of Openness

Criminal proceedings are presumptively open under:

The First Amendment

California Constitution, Article I, section 3(b)(1), which expressly protects public access to government proceedings and records

This presumption applies even at early stages of criminal matters.

B. Required Findings For Closure

A courtroom may be closed only if the Court makes specific, on-the-record findings demonstrating:

An overriding interest that outweighs public access

A substantial probability that the interest would be prejudiced absent closure

No reasonable alternatives to closure

Closure is narrowly tailored

Findings are made before the closure occurs

Failure to satisfy any of these elements renders closure unconstitutional.

C. Pre-charging Status Does Not Justify Secrecy

The fact that charges have not yet been filed does not itself justify closure. Courts have repeatedly rejected secrecy based solely on:

Prosecutorial preference

Investigative posture

Administrative efficiency

Avoidance of public scrutiny

Indeed, public oversight is especially critical at the pre-charging stage, when prosecutorial and judicial actions occur without the safeguard of a public accusation.

IV. No Valid Basis For Closure Appears On The Record

To the moving party’s knowledge:

No written order authorizing closure has been entered

No findings satisfying constitutional requirements have been made

No narrowly tailored alternative to full closure has been considered

If closure has occurred without a written order and findings, it is procedurally and constitutionally defective.

If such an order exists, the moving party respectfully requests that it be unsealed immediately so the public may evaluate its legal sufficiency.

V. Less Restrictive Alternatives Exist

Even if the Court identifies a legitimate interest warranting protection, reasonable alternatives exist, including:

Partial closure limited to specific testimony

Redaction of sensitive information

Delayed release of transcripts

Sealing of discrete documents rather than the entire proceeding

The Constitution requires consideration of these alternatives before closing the courtroom.

VI. Request For Relief

For the foregoing reasons, the Court should:

Open all proceedings in Case No. 25CR09419 to the public and press;

Unseal the docket and any orders relating to closure or confidentiality;

Require that any continued closure be supported by specific, written findings satisfying constitutional standards; and

Grant such further relief as justice requires.

Dated: January 3, 2026

Respectfully submitted,

Elise Cox

Journalist / Member of the Public, [email protected]

MendoLocal.News 707-320-8527

P.O. Box 362

Mendocino, CA 95460

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BILLIONAIRES COULD…

Editor:

Wealth advisers suggest that billionaires avoid a proposed tax on them by reducing insurance on their fine jewelry, moving art works out of state or buying real estate. Why is philanthropy not an option? Imagine tens or hundreds of millions of dollars poured into solving California’s myriad problems: housing, education, health care, mental health care, transportation, energy, etc. Billionaires escape additional taxes and California thrives for all. Win, win.

Ellen Obstler

Petaluma

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A DARK DAY

Editor:

Feb. 19 is considered a Day of Remembrance in the Japanese American community because it is the anniversary of the date in 1942 when President Franklin D. Roosevelt signed Executive Order 9066. That order forced 120,000 Japanese Americans, including my 16-year-old mother and her family, from their homes and into incarceration camps for the duration of World War II, marking them for the rest of their lives.

At this moment, it is more relevant than ever to remember that day since our nation is repeating this mistake. How can we as a nation and a people forget the lessons of history so easily? How many times will the United States remove people from their homes, separate children from their parents and incarcerate people without due process, all in the name of “security”?

I am astounded to see this happening yet again, but I am also encouraged to see grassroots organizations, communities and individuals standing up for what is right. If only this had happened in 1942. Would history tell a different story? Do what you can to take a nonviolent stand, act with compassion and kindness, and lend someone a helping hand.

Jodi Hottel

Santa Rosa

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IF ELECTIONS ARE RIGGED….?

Editor:

Can a politician win two out of three elections and claim that America’s elections are rigged? Could the presidency shift back and forth between parties on a regular basis if elections were rigged? Could control of the Senate and House of Representatives fluctuate between the parties on a regular basis if elections were rigged? Just asking.

Dave Heaney

Petaluma

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WHITEWASHING HISTORY

Editor:

The current administration is systematically dismantling the American soul by controlling media and the arts to erase uncomfortable truths. By whitewashing history — demolishing the White House East Wing and sanitizing Smithsonian exhibits — they replace diverse narratives of slavery and indigenous struggle with “pro-rich” fiction. This isn’t just aesthetic; it is an intentional demolition of democracy.

From the “Drill, Baby, Drill” exploitation of the Arctic to deep-sea mining, policy now serves personal enrichment over public health. While the Consumer Financial Protection Bureau’s retreat has cost consumers $19 billion, federal safety nets like FEMA are being drained to fund a sweeping immigration crackdown.

Meanwhile, the judiciary is packed with partisan loyalists to ensure these unconstitutional litmus tests go unchallenged.

This “neo-royalist” agenda prioritizes power-serving lies over the mistakes of the past, using tax dollars to undermine the right to fair elections and free speech. To dismantle federal departments and ignore historical truth is to leave the nation in ruins. There is no moral excuse for this vitriol and irresponsibility. To continue supporting this regime is to become an accomplice to the erasure of our future.

Jeff Stucker

Sebastopol

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REVERSE-COMMUTE CARPOOL HOURS MAKING TRAFFIC WORSE

Editor,

When Caltrans initially changed the high-occupancy vehicle hours on Highway 101 during the final stages of the Marin-Sonoma Narrows widening between Novato and Petaluma, it included restrictions during off-commute hours. I was one of the people who resisted, saying it did not make sense to prevent single drivers from using the lane when there was rarely congestion during those “reverse commute” hours.

Back then, it seemed Caltrans got the message. It said it would reevaluate after it had several months of experience with the new hours. Recently, Caltrans announced it would reduce the HOV hours by 30 minutes in one direction and two hours in the other. I think Caltrans is missing the point.

We have had over six months of experience. Every person I have spoken to about it believes traffic congestion has gotten worse, not better. If Caltrans has data to illustrate that the HOV restrictions have resulted in less congestion because of a significant number of single driver cars — maybe because they have given up their individual drives and are now carpooling (or public transportation) — then it should show us the data. If it makes sense, then let’s keep the new HOV hours. If not, reverse course and go back to the old rules.

Building a highway lane is a very expensive endeavor. Tying it up so only a few people can use it is a huge waste of money. Let’s do what works.

Peter Sorensen

Mill Valley

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BILLIONAIRES COULDN’T SPEND THE MONEY IN A DOZEN LIFETIMES

Editor,

I am writing in regard to the article about a proposed one-time 5% tax on our state’s billionaires. It was written by the New York Times and republished in the IJ on Feb. 15 with the headline “California billionaires: Should I stay or should I go?”

It has me wondering why anyone needs a net worth of over $1 billion. Look at it this way: If at birth you earned a dollar every second, in less than two weeks you’d be a millionaire. But billionaire status wouldn’t come until age 31. You can’t spend that kind of money in a dozen lifetimes.

Jim Wood

Tiburon

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DISENFRANCHISING VOTERS

Editor:

I read with interest your recent article on the ACLU’s effort to block a lawsuit that would prevent the U.S. Census Bureau from counting people who are in the country illegally for purposes of representation. An ACLU spokesperson warned “that unlawful request would distort representation for millions of Americans and shake the foundations of our representative democracy.” Obviously, anything that shakes the foundations of our representative democracy deserves serious consideration.

But it also highlights a broader issue: consistency. If protecting fair representation is truly a core democratic value, it should apply in every context where voters have purposely had their voice and representation diluted.

Here in California, recent redistricting outcomes, upheld by the courts despite partisan gerrymandering, have essentially eliminated meaningful voter representation for millions. This raises the same principle the ACLU invokes: fair and equal representation matters. Civil liberties advocates can do important work. However, turning a blind eye to blatant disenfranchisement of one third of the California population does little to strengthen public trust in their mission and in our democratic system.

Dennis Kelly

Petaluma

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VOTE FOR SMART

Editor:

If rich developers want to derail the SMART train that is exactly why we should vote for it (“New book rips SMART ahead of key tax election,” Feb. 17). If you wonder why someone from Mendocino County would write, it is because our community services district way up here received multiple copies of their little book dissing SMART. I suspect that no amount of money can derail the train — only outlaws could think they might have a chance.

Tom McFadden

Boonville

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WEIGHT, NOT MILEAGE

Editor:

Should road taxes be based on vehicle weight instead of miles driven? It’s complex, but studies show that wear and tear on roads increase at a power of four with increasing weight. So a large SUV that weighs 5,500 pounds produces six times as much wear and tear as a mid-sized car that weighs 3,500 pounds. A 12-wheeler truck that weighs 63,000 pounds (18 times as much as a compact car) distributes the load over six axles instead of four. So each axle on the truck has six times the amount of load as each axle on the compact car, giving 1,296 times as much wear and tear per axle. With six axles, that’s 7,776 times as much wear and tear on our roads per mile driven.

This suggests that trucking companies should pay for our roads and highways. But then we would have to use our savings from not paying gas taxes to pay for the higher cost of goods caused by the increased trucking costs. We’re going to pay, one way or another.

Robert Plantz

Santa Rosa

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CLOVERDALE, WATER AND THE ESMERALDA PROJECT

Editor:

Recently, the city accepted a water report submitted by the developers that asserts Cloverdale has plenty of water to support the influx of residents and hotel guests. Disregarded is the uncertainty of Cloverdale’s future water source due to the decommissioning of the Potter Valley Project, which funnels some water from the Eel River to supplement the Russian River during dry months. This water flows south, supplying Cloverdale and Geyserville.

With numerous entities affected, local, state, tribal and federal agencies are currently working on a solution so a portion of water will continue to be sent south via the Russian River. It may be years before a resolution is achieved and implemented, and for this reason I don’t believe it’s an opportune time to be approving the Esmeralda project with its 1,500 potential residents, hotels, landscaped grounds, sports fields and businesses.

Townspeople I’ve spoken with are not against growth, but it needs to be smart growth, and we should not be promising water availability until we’re sure we can keep such promises.

Diana Pennington

Cloverdale

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WHY ARE THE GALLAHERS ATTACKING SMART?

Editor:

I recently received an unsolicited book from the Gallahers intended to negatively influence the June tax vote for SMART. Rather than funding such mailers, it would be more helpful to understand why mass transit projects face such opposition from wealthy donors.

Despite the opening of the Novato Narrows, traffic on Highway 101 remains congested. Riding SMART allows passengers to bypass this traffic entirely. I am pleased to hear that SMART plans to extend its evening service. While the connection to the Larkspur ferry is a great asset, later train options would make trips to San Francisco more flexible. I also look forward to the Healdsburg station, though I already enjoy visiting Windsor. A later departing train from Windsor would be a welcome improvement, as current schedules require evening visits to end prematurely.

One has to wonder if those opposing these measures, like the Gallahers, utilize helicopters to avoid freeway congestion or if they simply do not mind the delays.

Nancee Fox

Santa Rosa

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AMERICANS AREN’T HAPPY WITH HOSTILE TAKEOVER

Editor:

Many Americans have seen hostile takeovers by one company over another. I never thought I would see a hostile takeover of our county. But it has happened. Fortunately, stakeholders aren’t happy with the direction things are going, and citizens want to recover what has been lost. The values the new leader embraces don’t inspire the majority. Views such as morality are only for the “sad woke, and anyone who opposes the new leader is the “enemy” just don’t resonate. When citizens stumble onto the truth, the new leader dismisses the findings as a “hoax.”

Most immigrants are good people who enrich our lives and community. It is equally true that the folks in the current leadership aren’t evil people, but they have lost their way due to greed, lust for power and egotism. It’s shallow thinking to believe the resources of the planet are there for the taking and diversity bashing is the greatest tool to keep stakeholders divided and must be done with as much cruelty as possible.

The straw that has broken the back of the new leadership is the concept that under no circumstances should anyone show compassion or ever apologize. Stakeholders exclaim, enough is enough already. We are taking our country back.

Noel J. O’Neill

Willits

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NEIGHBORS

Editor:

My late father’s journal tells how during World War II his father, my grandpa, a fruit farmer in the San Joaquin Valley, defended his neighbor, a man of Japanese heritage who was being incarcerated in an internment camp. He wrote: “There was an influx of people from other areas buying up (Japanese-American owned) orchards … at bargain prices. (T)he farmers were at their mercy.”

My grandpa and three neighboring farmers offered to operate the soon-to-be-incarcerated farmer’s orchard as long as he was gone. They opened a bank account where his farm’s bills and income were transacted. “Whenever the Japanese farmer … needed money he would contact my father who had a procedure for getting the requested funds to him. When the war was over and our Japanese friend and his family came home, my father and he went to the bank and my father had his name taken off the account” and all accrued income was returned to the neighbor. “Some time later … at a local Farm Bureau meeting, a man came up to (my grandpa) and castigated him for operating a farm for a ‘Jap.’ My father said, ‘He is our neighbor.’”

This is how I feel about my fellow Americans who are being targeted by federal agents. You are my neighbors.

Brian W. Erwin

Santa Rosa

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TRUMP LEADS US FROM ONE CONTROVERSY TO THE NEXT

Editor:

Part of America’s problem is that we don’t recognize our delusions. Therefore, we can harm anyone Anywhere. All we need is an excuse. Once armed with a mental mirage of righteousness, morality no longer exists. Any tactic is acceptable if it achieves one’s goal. There are so many examples of this, it is hard to pick a starting point. Donald Trump is a prototype. During his first stint as president, he tried to blackmail Ukrainian President Volodymyr Zelenskyy. Later on, Trump called Georgia Secretary of State Brad Raffensperger and asked him to find 11,780 votes. Some spokespeople describe Trump’s behavior as sociopathic. I don’t think of him that way. Though I am not qualified to express my opinion authoritatively, I don’t believe he has the imagination to foretell the consequences of his actions. So, we glance from one controversy to the next, from one chaotic situation to the next. Personally, I am tired of this charade.

Tom Fantulin

Fort Bragg