Domestic Abuse Turns Fatal in Davis, CA

Just before 7:00 AM on October 20, 2018 Jaime Kinseth was fatally shot after forcing his way into the apartment of his former girlfriend Hayley Gilligan.  The apartment was located on F Street in Davis, CA.  Gilligan, who was getting ready to shower before her mother and sister arrived to join her for a trip to Disneyland answered a knock at the door of the apartment she moved into over the Labor Day weekend.

Gilligan thought the knock meant that her relatives had arrived early.  Gilligan opened the door and Kinseth forced his way into the apartment.  What happened then is not yet certain.

This firm has been retained by Mark Reichel, the attorney hired by the Gilligan family, to work on Haley’s defense.

Any friends or neighbors that might have anything to share about the relationship between Gilligan and Kinseth can contact me through this blog.

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An arrest for sex with minors in Valley Springs, CA.

As it a appeared on the Calaveras County Sheriff’s Arrest Log for 9/28/18, George Edwin Mulligan of Dunn Road in Valley Springs for various counts of sexual activities with minors.

Today, 10/3/18, Mulligan was arraigned on the following 25 charges .

001 PC288A(C)(2)-F-Oral Copulation-By Force,Violence,Duress Etc 288A(C2) Felony 08/22/2010
002 PC289(A)(1)-F-Sexual Penetration 289(A1) Felony 08/22/2010
003 PC288(A)-F-Lewd Act With Child Under 14 Years 288(A) Felony 08/22/2010
004 PC288a(c )(2)(c )-F-Oral Copulation-By Force, Violence, Duress etc 288a( c2 c) Felony 10/02/2018
005 PC288a(c )(2)(c )-F-Oral Copulation-By Force, Violence, Duress etc 288a( c2 c) Felony 10/02/2018
006 PC288(C)(1)-F-Lewd Act With Child 14 Or 15/Deft 10 Years Older 288(C1) Felony 08/22/2011
007 PC288a(c )(2)(c )-F-Oral Copulation-By Force, Violence, Duress etc 288a( c2 c) Felony 10/02/2018
008 PC288a(c )(2)(c )-F-Oral Copulation-By Force, Violence, Duress etc 288a( c2 c) Felony 10/02/2018
009 PC288(C)(1)-F-Lewd Act With Child 14 Or 15/Deft 10 Years Older 288(C1) Felony 08/22/2012
010 PC261(A)(2)-F-Rape Of A Person by Force 261(A2) Felony 08/22/2013
011 PC288a(c )(2)(c )-F-Oral Copulation-By Force, Violence, Duress etc 288a( c2 c) Felony 10/02/2018
012 PC288a(c )(2)(c )-F-Oral Copulation-By Force, Violence, Duress etc 288a( c2 c) Felony 10/02/2018
013 PC261(A)(2)-F-Rape Of A Person by Force 261(A2) Felony 08/22/2014
014 PC288a(c )(2)(c )-F-Oral Copulation-By Force, Violence, Duress etc 288a( c2 c) Felony 10/02/2018
015 PC288a(c )(2)(c )-F-Oral Copulation-By Force, Violence, Duress etc 288a( c2 c) Felony 10/02/2018
016 PC261(A)(2)-F-Rape Of A Person by Force 261(A2) Felony 08/22/2015
017 PC288a(c )(2)(c )-F-Oral Copulation-By Force, Violence, Duress etc 288a( c2 c) Felony 10/02/2018
018 PC288a(c )(2)(c )-F-Oral Copulation-By Force, Violence, Duress etc 288a( c2 c) Felony 08/22/2015
019 PC261(A)(1)-F-Rape Of A Person Incapable Of Giving Consent Due To Mental Disorder Or Devp/Phys Disa 261(A1) Felony 08/22/2016
020 PC288a(c )(2)(c )-F-Oral Copulation-By Force, Violence, Duress etc 288a( c2 c) Felony 10/02/2018
021 PC288a(c )(2)(c )-F-Oral Copulation-By Force, Violence, Duress etc 288a( c2 c) Felony 08/22/2016
022 PC261(A)(2)-F-Rape Of A Person by Force 261(A2) Felony 08/22/2017
023 PC288a(c )(2)(c )-F-Oral Copulation-By Force, Violence, Duress etc 288a( c2 c) Felony 08/22/2017
024 PC288a(c )(2)(c )-F-Oral Copulation-By Force, Violence, Duress etc 288a( c2 c) Felony 08/22/2017
025 PC261(A)(2)-F-Rape Of A Person by Force 261(A2) Felony 08/01/2017

Courtesy of the Calaveras County Superior Court Case Index

This mug shot of Mulligan appeared in the Calaveras  Enterprise web site this afternoon. (http://www.calaverasenterprise.com/news/article_90513fea-c81e-11e8-b3a9-f3986298196d.html)

Mulligan Mugshot cropped

Having seen the arrest log last Friday we checked the address location and found that it is approximately 1.2 miles from the Rippon Road address where Leila Fowler was brutally murdered on 4/27/13.  A check of records available on  the Calaveras County Recorder’s web site shows that a deed in Mulligan’s name was filed on 12/27/12, just four months before Leila’s death.  It will be interesting to see if Mulligan’s DNA matches the still unidentified male DNA found on Leila by California D. O. J. Crime Scene Investigators.

 

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Is E-service of process valid Service of Process?

As  many people may know, a party to a civil or criminal action may compel you to produce information in various forms and/or appear at trial, hearing or deposition to provide testimony.  Although it is often inconvenient on various levels for the 3rd party, you still have to produce and /or appear when called upon to do so by one or more of the parties.

However, the parties cannot just call you up, send you an email or a text or bump into you on the street and request this of you.  They have to serve you with one of the various types of subpoenas that exist in the legal world.

Normally, valid service of a subpoena in these cases requires what is called “personal service.”  This does not mean putting the paper in someone’s hand, otherwise very few would get serviced.  The definition of “personal” is broad enough that I have put the paperwork under the windshield wiper of the car being driven by the intended recipient of  of the subpoena while they were at a stop light.

You may be asked by a party if you would accept service as an attachment to an email or a text message.  If you agree to this, the serving party may want to get confirmation from you, but the process is valid if you agree.

The upside of service by electronic means is that it saves time and money.  It is fast and process servers don’t have to be hired to go out and serve you.  In addition, it is far more discrete.  E-service eliminates your neighbors or co-workers seeing you getting served and wondering and gossiping about why.

If one side or the other in a civil law suit, or law enforcement in a criminal case implies that service of that type may be or is insufficient, they are lying to you.  They are lying for a reason.  In a recent case, law enforcement told witnesses served by email that the service was insufficient or “might be insufficient.”  The obvious idea was to confuse the witness regarding the need to comply.

If you agree to E-service of process, don’t let anyone tell you it isn’t valid.

 

 

 

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Second Calaveras County Judge Finds Isiah Fowler Guilty.

June 27, 2018

Calaveras County Superior Court Judge Susan Harlan today said that she read all the transcripts and documents from the first trial as well as listened to audio files entered into evidence along with the testimony and exhibits from the new trial and then declared Isiah Fowler guilty of killing his younger sister.   Although she said that, she revealed that in fact she never looked at the evidence introduced earlier today while in chambers.

I will post more details about this case soon, but I feel that I do have to announce this very disheartening news first.  I know there are those who believe that Isiah is guilty.  In reading various on-line comments I realize that these people are ill- to uninformed.  That is to be expected.

I have worked with Isiah’s defense team for 5 years and believe wholeheartedly in his innocence.  There will be more to come on this subject.  For now I have to report what I consider to be bad news for the Fowler family and Isiah in particular.  I have read that justice has been done in Leila’s name.  Those people are wrong.  Justice will not be truly done until the unidentified male DNA found on one of Leila’s hair and located on her buttocks, beneath her underwear is matched to the person who deposited it on Leila.

This is not just any DNA.  The State crime lab was able to rule out the sample as coming from saliva because it was missing an enzyme found in that medium.  No, this DNA comes from blood or semen.  Whichever is the source, there is no explanation for it being there except that some male put it there and that male is not Isiah Fowler.

 

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Retrial in the Leila Fowler Murder Case set for June 19, 2018.

Calaveras County Court Judge Susan Harlan set June 19, 2018 as the date to begin the retrial of Isiah Fowler whose 2015 conviction for the stabbing death of his 8 year old sister Leila was reversed by the California State Court of Appeals for the 3rd District.  The time for the State Attorney General to file for a petition of review passed after 40 days from the February 22, 2018 decision without a move to contest the appellate court’s decision at the State Supreme Court level.

http://www.calaverasenterprise.com/news/article_3444b338-59fd-11e8-89c8-2ffe6eb79456.html

 

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The Fowler Murder Case is Returning to Calaveras County.

On February 22, 2018 a panel of judges for the 3rd California Appellate District issued and opinion that reversed the trial court conviction in the Leila Fowler murder case (see the earlier post for the details.)  At the point the State Attorney General’s office had 40 days to file a Petition for Review with the California State Supreme Court (commonly know as an appeal of the 3rd District’s decision.)  The deadline for electronically filing the Petition was 11:59 PM April 3rd.

That deadline passed last night without the AG’s office filing a Petition for review and now the case goes back to Calaveras County via a court order known as a Remittitur.

The Remittitur will be served on the Calaveras County Superior Court in 20 days, at which point the County District Attorney has to decided whether or not she wishes to retry the case.

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Calaveras County DA statement regarding Fowler reversal.

Today the Calaveras County DA released the statement shown below on the Calaveras County Sheriff’s Face Book page.

There is a significant misstatement of the facts.  As you can research for yourself in the post I made on 2/22/18 that includes the entire Appellate Decision, the Court did not rely on CA Health and Welfare Code Section 625.6 for its decision.  It only references that section in footnote #10.  The court relied on various case law to find that the trial court relied, at least in part, on statements obtained when the rights of the defendant were violated by Calaveras County law enforcement and the F. B. I. in conjunction with the accused’s own parent.

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