19-YEAR OLD MOTORIST SEXUALLY ASSAULTED
CHP Press Release, March 9, 2016 — On March 7, 2016, CHP dispatch received a call about an assault victim on Highway 101 South of Hopland. It was reported that the victim had been assaulted in the dirt turnout south of Hopland. Officer Simas was dispatched to the scene of the incident and while en route was advised that the victim had moved to McNabb Ranch Road. Upon Officer Simas's arrival the victim clarified that she had been sexually assaulted and gave a vehicle description and a description of the suspect. CHP dispatch broadcast a "be on the lookout" for the suspect vehicle. Sonoma County Sheriff's office located and detained the suspect, Alex Joseph Greene, 35, of Kelseyville, on Highway 101 near Geyserville. Ukiah CHP personnel responded to Sonoma County and transported the suspect and the suspect's vehicle back to Mendocino County. In Mendocino County district attorney investigators responded and assisted Ukiah CHP with this investigation. The suspect was arrested and booked into the Mendocino County Jail at 8:30pm, March 7, 2016. The California Highway Patrol would like to remind all motorists of some important tips to stay safe in the event your vehicle becomes disabled. Stay inside the vehicle and keep your doors locked. Don't accept help from strangers. Use your cell phone to call for roadside assistance. Use your cell phone to call the Highway Patrol if you feel you are not safe. (CHP Press Release)
When Allison Turner found herself stranded with a flat tire on a Highway 101 pullout near Hopland, little did she think some guy would come along and change her tire, then place her in his pickup seat and, as the cops say, proceed to "digitally penetrate" his victim.
Denise Turner, Allison’s mother, called 911 and explained that her daughter was stranded and she was worried because Allison wouldn’t answer her phone. When mom did get through to her stranded daughter, Allison said she couldn’t "really talk" and "sounded nervous."
When mom called a second time, Allison answered. She was hysterical, saying she had kicked the guy off her and was driving northbound, with her assailant following her in his "white truck."
Officer Simas of the CHP was nearby on Old River Road that runs between Talmage and Hopland. He took off in hot pursuit, and was soon calming the distraught Ms. Turner and had the guy in the white truck, Alex Greene, in handcuffs.
After reading Greene his Miranda rights, Greene broke out the ancient song of the rapist — that she asked for it. He said Ms. Turner was flirting with him and he just wanted to “sweep her off her feet.” He did admit to sexual touching but said he thought it was consensual.
Deputy DA Shannon Cox asked Officer Simas if Greene had admitted to gross sexual misconduct.
Officer Simas: “Greene said he could have. He seemed surprised she would be upset.”
Defense attorney Andrea Sullivan wondered why — if Turner was so upset — “had she given Greene her phone number and exchanged text messages with him?”
Simas: “I don’t know, but she may have felt pressured, and when he’s right there, well you can’t very well give him a false number.”
Sullivan: “And they exchanged text messages?”
Simas: “Yes.”
Sullivan: “There was a message from her that said ‘very nice to meet you’ and the message next to it was deleted?”
Simas: “Correct.”
Sullivan: “Who deleted it?”
Cox: “Objection, calls for speculation.”
Judge Moorman: “Overruled. If you know, officer, you may answer.”
Simas: “That person would be Ms. Turner.”
Sullivan: “So the only message from Mr. Greene was deleted by her before she contacted you?”
Simas: “Yes.”
Sullivan: “Officer Slates obtained some video from Hopland Farms showing the white pickup — where did Greene tell you he went?”
Simas: “South.”
Sullivan: “Where did she say he went?”
Simas: “She said he followed her to Hopland.”
Sullivan: “So essentially he said he went south and she said he went north?”
Simas: “Correct.”
Sullivan: “”What does the video reveal?”
Simas: “Umm… In the video I was shown the vehicle — a vehicle — that matched the suspect vehicle, as it passed by going north.”
Sullivan: “Was it the same truck?”
Simas: “Yes, it appeared to be.”
Judge Moorman: “And later you saw the truck going south?”
Simas: “Yes.”
Moorman: “Where was the defendant stopped?”
Simas: “In Sonoma County on Canyon Road.”
Sullivan: “You said that proved Greene lied to you in the interview?”
Simas: “Yes.”
Sullivan: “If this turned out not to be his truck, would that change your opinion?”
Simas: “Well, no.”
Sullivan: “So you wouldn’t change your opinion no matter what?”
Moorman: “His beliefs are not relevant, counsel.”
Sullivan: “Who was present when Ms. Turner was interviewed?”
Simas: “An advocate from Project Sanctuary.”
Sullivan called in a defense witness, Steve Buller, a specialist in enhancing and clarifying video images.
Sullivan put the video up on the big screen and picked out the truck that passed the camera at Hopland Farms going north, then juxtaposed it with a photo Simas had of Greene’s truck. They looked very much alike, except the truck in the video had a business name printed on the door, and Greene’s truck did not. Also, the box on the back of Green’s truck did not come up over the cab, like the one in the video did.
Judge Moorman: “Alright, I’m satisfied.”
Sullivan: “This case is going to boil down to a question of consent. Any notion that he followed her is not supported by the evidence. Not only did Ms. Turner lie about being followed, but she destroyed evidence by deleting the text message, so there is no basis for a holding order.”
Cox: “There’s evidence of rape! She said ‘no, don’t’ several times and kicked him in the groin to get away! Mr. Greene characterized it as consensual, but that’s all hearsay! The two trucks are similar and she may have been mistaken about being followed, but the actions she took and the hysterics she displayed when she contacted her mom all go to show she was sexually assaulted, and there’s no evidence to the contrary other than Greene’s self-serving statement that he thought it was consensual.”
Moorman: “I agree with Ms. Sullivan that this boils down to consent, but the only evidence I have is the statement of the defendant and that hinges on his credibility — not that I’m convinced he’s not credible — but I will say the evidence persuades me to issue the holding order.
“Mr. Greene stops to help and she’s immediately concerned. She tries to talk to her mom but the defendant is continually engaging her attention, and as soon as the officer gets there — within minutes — she was hysterical and he had difficulty calming her down, which is not consistent with consensual sex. As to why the text message was deleted, I’m not in a position to determine that, and any white truck in her mirror could cause her to be afraid she was being followed.
“If this goes to a jury they will have to decide beyond a reasonable doubt, but there is enough probable cause for a preliminary examination.”
Sullivan wanted a bail reduction.
Cox said no — “This was an opportunistic crime and the public is at risk.”
Moorman said she couldn’t deviate from the bail schedule, which was set at $150,000.
Arraignment on the information was set for August 2nd at 1:30.
ON MONDAY, July 20, 2015 around 12:47 am the Mendocino County Sheriff's Office (MCSO) responded to a series of calls in the Covelo area. The first call came in around 12:01 AM and was in the 23700 Block of Charlie Hurt Highway. The caller was anonymous but indicated they had heard a gunshot followed by a female screaming for someone to "get off my property." The second call occurred around 12:47 AM in the 75900 Block of Highway 162 related to an assault with a firearm with an adult male having been shot. The third call was made around 01:22 AM and it involved an unwanted subject call. Responding Deputies, after a short investigation, learned that all three calls were related.
The investigation revealed that a 38 year old male victim had a prior dating relationship with the suspect, 32 year old Anna Roseberry. The dating relationship had ended but the two were still together in a marijuana growing operation in the 23700 Block of Charlie Hurt Highway in Covelo. Earlier in the evening the two started to dispute payment and profits from the garden. This dispute grew heated with the male making demands to receive payment for his working in the marijuana garden. Shortly after midnight the two parties were arguing near their residence when the female produced a .38 caliber revolver and shot the victim one time in the groin. The suspect later made a claim of self-defense saying the victim carried a knife but she admitted he did not brandish the knife nor did he threaten her with it. After being shot, the victim fled the location on foot and made his way to a phone where he called for medical aid. The suspect sent several associates into the woods looking for the victim but he was not located. The victim was later flown, via air ambulance, to Mercy Trauma Center in Redding where he is expected to make a full recovery. Two firearms were located at the scene, including a .38 caliber revolver, believed to be the weapon used to shoot the victim. 200 growing marijuana plants were also located as well as several pounds of marijuana being processed. The suspect was arrested for Assault with a firearm, Spousal Battery with Injury, Armed During the Commission of a Felony, and Maintaining a Place for Distribution of a Controlled Substance, and booked into the Mendocino County Jail. Her bail was set at $40,000. (— Sheriff’s Press Release, July 21, 2015)
Across the hall in Judge David Nelson’s court, Anna Roseberry was awaiting sentencing for shooting a guy in the er, uh, well, the nuts, with a .38 caliber revolver. The single shot to the pills occurred last fall in a — wait for it — marijuana patch in Covelo. As Ms. Roseberry awaited her fate, she passed a note to her lawyer, Mark Kalina. It was a request to postpone her sentencing until after her child’s birthday.
Deputy DA Josh Rosenfeld had a revised impact statement from the victim (who wasn’t present) and sent it up to the judge.
Mr. Kalina: “He has four active bench warrants is why he isn’t here, your honor.”
Rosenfeld: “I fail to see the relevance.”
Nelson: “What’s the probative value, counsel?
Kalina: “It’s highly probative, since one is for attempted murder.”
Nelson: “There’s no dispute that he has a criminal history.”
Rosenfeld, producing the Fox News defense: “We seem to be spending too much time in court attacking the victims these days.”
Kalina: “One lawyer’s vic is another lawyer’s perp."
Nelson: “It’s a difficult case, and all these sterling letters are quite persuasive, but the fact is she shot somebody in a marijuana garden and probation is recommending a prison sentence for a term of four years and eight months. In thinking about it it seems to be a classic in-betweener. I could go either way.”
Kalina: “All the relevant issues would indicate the mitigated sentence, your honor.”
Rosenfeld: “Ha! The only mitigating circumstance was the vic was a bad hat!”
Nelson: “I’m gonna send her to the California Department of Corrections and Rehabilitation for a 90-day diagnostic evaluation.”
Kalina: “She wants to turn herself in after her little girl’s birthday, which is coming up, your honor.”
Nelson: “I’m sorry, Ms. Roseberry, but I’m going to remand you at this time and order you transported for the diagnostic. That’ll be the order.”
* * *
Nelson then called the case of John Henry Ross, whom readers may remember from our story back on February 3 called, “It’s Covelo, Jake.”
Mr. Ross was accused of shooting a man down in a — wait, wait, don’t tell me — a weed patch in Covelo! As it happened, Mr. Ross died of cancer awaiting trial in jail — he was moved to Ukiah Valley Medical Center before the end. So calling this case was a formality.
It was not clear from the testimony during the prelim that Ross had shot the man he was accused of shooting.
Nelson: “Calling the matter of John Ross.”
Saxby: “Jona Saxby for Mr. Ross who is, uh… not present at this time, your honor.”
Cox: “Shannon Cox for the People.”
“This comes on for status and it’s my understanding the defendant is deceased. Ms. Cox, do you have a motion?”
Cox: “The People move to dismiss the charges.”
Nelson: “The motion will be granted.”
Strange how both lawyers claimed to have won this case — Saxby was filling in for her husband, Keith Faulder, while prosecutor Cox can plausibly claim a death penalty victory, albeit by default.
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