Tuesday, Nov. 16, 2010 • Judge rules in favor of removing convicted serial killer

Publisher’s note: This story originally appeared in the Tuesday, Nov. 16, 2010 edition of the Lassen County Times.

Presiding Superior Court Judge F. Donald Sokol ruled in favor of a writ of mandamus filed by the city of Susanville and Lassen County to remove convicted serial killer Loren Herzog from the area.

Sokol’s decision, came Monday, Nov. 8, after hearing arguments from Traci Witry, former Lassen County senior deputy counsel and Peter Talia, attorney for the city of Susanville, and CDCR representatives deputy attorney general Anthony O’Brien and  Kristina Lindquist, staff counsel of legal affairs of CDCR. Talia and Witry argued CDCR failed to meet parole procedures.

As arguments ended, O’Brien requested 60 days to find a new location and notify law enforcement officials in the area Herzog would be placed.

However, Sokol said the ruling should be carried out forthwith, or immediately.

Per Sokol’s direction, Talia prepared the final order confirming Herzog’s removal. Unless an appellate release is sought by the state, Talia said Herzog should be removed from Lassen County once CDCR and the judge sign the court documents.

According to Luis Patino, public information officer for CDCR, a decision will not be made regarding an appeal until it receives the signed order from the judge.

Once the paperwork is received, Patino said CDCR will consider all options and determine a course of action, which may or may not include requesting a stay of the order until an appeal is decided.

In Sokol’s tentative ruling, it said the opposition filed by CDCR indicated CDCR received notice of Herzog’s parole in July and made the decision to parole him to Lassen County the first week of September, however, CDCR contacted Lassen County Sheriff Steve Warren and Susanville Police Chief Jeff Atkinson only two days prior to Herzog’s release in Lassen County. Penal Code section 3058.6 (b)(1) requires a 45-day notice must be given.

Sokol called CDCR’s decision to place Herzog in Lassen County “arbitrary” and “capricious,” and after the hearing asked that a paragraph be added saying the residence of Herzog in Lassen County is not in the best interest of the public.

During arguments, O’Brien said the court’s decision would be interfering with CDCR’s decision of placing Herzog in Lassen County, however, Witry said that was a moot point because CDCR did not follow the process of notification.

In its response to the writ, CDCR argued the time required to research each of the victim letters, determine their legitimacy and then determine the distance between the victims and Herzog’s residence made it impossible for a 45-day notice. O’Brien said the state notified LCSO and SPD “as soon as practical,” which he said is stated in Penal Code 3058.6 (b)(3).

According to Talia, the only provision he saw in the penal code for not giving a 45-day notice is if there is a change in parole date, which was not the case for Herzog.

News of Herzog’s parole caused protests and concern among residents the week of Sept. 21. Talia and Witry filed the writ on Tuesday, Sept. 28.

Lassen County Supervisor Jim Chapman attended the hearing and said during a Tuesday, Nov. 9 meeting of the board of supervisors that he thought Sokol’s ruling was “right on” and he was glad for the outcome.

He said CDCR knew it didn’t have a case and commended Witry and Talia for the work they did.

Witry said she was very happy with the ruling.

“I feel at least the Lassen County community was heard. We’ve been heard all the way to Sacramento and that we’re not just going to sit back and let them dump murderers on us.”

Talia said the state knows it couldn’t do what it did to the city and county.

“Mission accomplished as far as I’m concerned,” Talia said of winning the case.