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MIDDLETOWN, Calif. – The Stone House in Middletown is California State Registered Landmark No. 450.
It is located at the north east corner of Highway 29 and Hidden Valley Road, 5.3 miles north of Middletown.
The plaque reads, “The oldest building in Lake County. Erected in 1853-4 by Robert Sterling, whose wife was the first white woman in Coyote Valley. Rebuilt in 1894. Headquarters of Guenoc Land Grant and first store in the valley.”
To set the stage, picture this: American Indians had been relatively undisturbed in Lake County, even though the Spanish had been in Lower, or Baja California since 1536 and didn’t colonize Alta, or upper California until 1769 when the California Mission chain of 21 began from San Diego to Sonoma.
When the last mission was completed in 1823, Mexico won its independence from Spain and claimed Alta, California.
In 1834 the Mexican Republic sent Gen. Mariano Vallejo to Sonoma to build a new town and set up Army Headquarters.
During this period the Mexican government was parceling thousands of acres of land, but only three were granted in Lake County.
One was Rancho Lupyomi granted in 1844, to Salvadore and Juan Antonio Vallejo. This grant was in the southern vicinity of Clear Lake.
The petition was lost in the land government archives, and was not deemed genuine, the claim being rejected.
But that didn’t stop Salvadore Vallejo from running massive herds of Longhorn cattle on the land, altering the landscape forever.
The other two land grants were the Collayomi Grant, in the Loconoma Valley by Middletown, and the Guenoc land grant, or rancho, which is where the subject of the historic Stone House comes in to play.
Rancho Guenoc was settled by several families as early as 1845, when Mexican governor, Pio Pico granted this parcel of 21,000 acres to George Roch.
In 1850 Roch built and resided in a log cabin in the present-day Stone House vicinity for about a year.
The history reads that next, Captain A. A. Ritchie and Paul S. Forbes were granted the Guenoc Rancho.
Then, in 1853 Captain R. Steele and Robert Sterling took over management of the rancho.
The house was constructed with 12-inch by 12-inch hewn oak logs as its foundation. The walls were made with quarried stone and timber, the roof of shakes.
It consisted of three bedrooms, a kitchen and a long hallway opening into the rooms. Mrs. Sterling must have been quite the pioneer woman, settling in her stone home, which was completed in 1854.
The Stone House history plays out with many names that are familiar to us as we travel in the south end of the county.
In 1860 a store owned by Herrick and Getz became the first in the lower end of the county that was located by the Stone House. It was later moved to Lower Lake.
Then, in 1861 John Cobb, for whom our beautiful Cobb Mountain is named, ran the Guenoc and Callayomi grants, and resided in the Stone House.
According to the Lake County Historical Society’s “Pomo Bulletin,” Cobb was born in 1814 in Henry County, Kentucky.
He married in 1841, but his wife and two children passed away around 1848.
He soon married Esther E. Deming and they had six children. In 1853 he settled in Cobb Valley, becoming the first European-American settler there.
Before running the Guenoc and Callayomi land grants he held an elected position of assessor of Napa County. This was when part of Lake County was still a part of Napa County.
He passed away in 1893, and rests in the Lower Lake Cemetery.
In 1867 the Stone House became the Guenoc Post Office, and operated for 13 years, until the village of Guenoc moved to Middletown.
The Stone House went through several other hands: John C. Greer in 1872, then Charles Young in 1885.
Young decided to rebuild the house in 1894 to replace the foundation with stone.
A monumental amount of handiwork went into this job. The stones were transported to the house by horse-pulled block-and-tackle, and the stones had to be shaped and fitted by hand.
The house was ready for his family to move in by 1896.
The house underwent another transformation in 1944 when Frank Hartmann purchased the property.
The house caught fire 10 years later and was rebuilt to its charming one-story form of today.
To find out more about this old house, contact The Stone House Historical Society at
Kathleen Scavone, M.A., is an educator, potter, writer and author of “Anderson Marsh State Historic Park: A Walking History, Prehistory, Flora, and Fauna Tour of a California State Park” and “Native Americans of Lake County.” She also writes for NASA and JPL as one of their “Solar System Ambassadors.” She was selected “Lake County Teacher of the Year, 1998-99” by the Lake County Office of Education, and chosen as one of 10 state finalists the same year by the California Department of Education.
KELSEYVILLE, Calif. – Do you have an emergency evacuation plan for your family if a fire starts in your home?
Do you know what supplies that your family will need if there is a power outage for an indefinite period of time?
The Clear Lake Riviera Community Association is holding a community disaster education workshop from 9 to 11 a.m. Saturday, Feb. 7, in the association’s community room, located at 9689 Highway 281 in Kelseyville.
All residents are encouraged to attend the workshop, which will be facilitated by Lake County Emergency Services Manager Marisa Chilafoe.
This is an opportunity for individuals to learn how to plan ahead and prepare for unexpected disasters such as earthquakes, power outages, fire and more.
Chilafoe brings a vast amount of experience regarding emergency preparedness to her workshops.
She has facilitated trainings and set up programs internationally as well as in many parts of Lake County.
“Disaster Education is essential for the Clear Lake Riviera community considering our size and limited access in and out of the area,” said association president Tom Harty. “The benefits of learning what supplies we need to have on hand and how we can support each other during a disaster is invaluable may save lives.”
Workshop participants will also learn about how the Clear Lake Riviera can develop a community emergency response team, or CERT.
Members of a CERT receive additional training to learn basic disaster response skills, such as fire safety, team organization and disaster medical operations.
Using the skills learned in training, CERT members can assist others in their neighborhood or workplace following an event when professional responders are not immediately available and also are encouraged to support emergency response agencies by taking an active role in the community.
All community members are invited to participate in the workshop.
For more information about the meeting and how you can get involved, call the Clear Lake Riviera Community Association office at 707-277-7281 or email
NORTH COAST, Calif. – A Ukiah teenager was arrested for felony driving under the influence following a Friday crash near Hopland that injured five bicyclists.
Gabriel Chaska Ray, 18, was arrested following the wreck, which occurred in the 6200 block of Old River Road shortly after 5 p.m., according to the California Highway Patrol.
Mendocino County Jail records indicated that Ray was booked for two felony counts of DUI causing injury and one misdemeanor charge of being an unlicensed driver. His bail was set at $30,000.
Ray was driving a 1996 Honda Accord – with 42-year-old Timothy Elliott III of Ukiah riding as his passenger – northbound on Old River Road north of Hopland, the CHP said.
The CHP said a group of bicyclists was riding northbound at approximatively 20 miles per hour in a straight line close to the roadway edge.
The bicyclists included Deborah Banks, 57, of Sacramento; Mark Clifford, 60, of Los Altos; Lawrence Sokolsky, 54, of Portola Valley; Michael Sokolsky, 53, of San Mateo; and Laura Stern, 52, of Menlo Park, the CHP said.
As Ray exited a curve in the roadway, the front of his vehicle hit Banks from the rear. The CHP said she was thrown from her bicycle, hitting the windshield of Ray's car and falling to the right shoulder of the roadway.
Ray continued northbound and hit the rest of the group consecutively, the CHP said.
The CHP said that when Stern was struck by Ray's vehicle she became stuck on the hood. As Ray continued driving, she fell off the Honda and became trapped underneath it.
Stern was extricated from underneath Ray's vehicle and taken to Santa Rosa Memorial Hospital with major injuries, according to the CHP.
Lawrence Sokolsky and Banks also suffered major injuries, with moderate injuries suffered by Clifford and Michael Sokolsky. The CHP said those four bicyclists were taken to Ukiah Valley Medical Center for treatment.
Officials said Ray and Elliott were not injured.
All of the individuals involved were using their safety equipment, the CHP said.
The CHP said that Ray was arrested for DUI following an investigation, with Elliott arrested on a felony warrant.
Email Elizabeth Larson at
LAKE COUNTY, Calif. – Lake County Animal Care and Control has a great group of dogs available to new homes this week.
Ready to find their new families are mixes of border collie, Chihuahua, Great Dane, pit bull, poodle, retriever, shepherd and terrier.
The dogs are well-mannered, temperament tested and will be fitted to the right homes.
Dogs that are adopted from Lake County Animal Care and Control are either neutered or spayed, microchipped and, if old enough, given a rabies shot and county license before being released to their new owner. License fees do not apply to residents of the cities of Lakeport or Clearlake.
If you're looking for a new companion, visit the shelter. There are many great pets hoping you'll choose them.
In addition to the animals featured here, all adoptable animals in Lake County can be seen here: http://bit.ly/Z6xHMb .
The following dogs at the Lake County Animal Care and Control shelter have been cleared for adoption (additional dogs on the animal control Web site not listed are still “on hold”).
'Joseph'
“Joseph” is a male 2-year-old Chihuahua mix with a short brown coat and big ears who was found in Nice.
Shelter staff said he's just under 7 pounds, is friendly and just want to sleep in your lap.
He's in kennel No. 3, ID No. 1609.
'Lela'
“Lela” is a female poodle mix.
She's loving, wants attention and enjoys being held.
Lela is in kennel No. 4, ID No. 1330.
Pit bull terrier mix
This handsome male pit bull terrier mix has a short tan and white coat.
He's in kennel No. 6, ID No. 1664.
Pit bull terrier mix
This female pit bull terrier mix has a pretty face and a short gray and white coat.
She's in kennel No. 9, ID No. 1663.
'Snoopy'
“Snoopy” is a 10-year-old male shepherd mix looking for a mellow home.
He weighs nearly 50 pounds and has a short tricolor coat.
He has a low adoption fee as he is already neutered.
Snoopy loves people, and he gets along with low energy dogs because in the past he was attacked by another dog.
If you have dogs and are interested in Snoopy, shelter staff requests that an application to be filled out and bring your dogs for a meet and greet
He's in kennel No. 12, ID No. 1650.
Pit bull mix
This sweet 1-year-old female pit bull terrier mix is one of the favorites of the shelter staff.
She weighs nearly 43 pounds and has a short black coat with white markings.
Staff said she has been with them for awhile now and needs a home very soon. They are now testing her with other dogs.
Come meet her in kennel No. 16, ID No. 1380.
'Rascal'
“Rascal” is a friendly 6-year-old terrier-Chihuahua mix who came in with his brother, “Copper,” after they were found in Lakeport.
He weighs nearly 16 pounds, has a short black and white coat, and is already neutered, so he has a low adoption fee.
Rascal is in kennel No. 25a, ID No. 1430.
'Copper'
“Copper” is a friendly 2-year-old male terrier mix who was found wandering with his brother, “Rascal.”
He has a short brown and white coat, weighs 20 pounds and already is neutered, so he has a low adoption fee.
Copper is in kennel No. 25b, ID No. 1429.
Great Dane-mastiff mix
This 2-year-old male Great Dane and mastiff mix has a black and white coat.
He weighs 77 pounds and shelter staff said he is good with other dogs. He needs leash work, but he listens very well and will sit on command.
Come and meet this super sweet boy in kennel No. 27, ID No. 1581.
Labrador Retriever mix
This 4-year-old male Labrador Retriever mix has a short tan and brown coat.
Shelter staff said he is a big happy dog, weighing 74 pounds.
He would rather be around female dogs than male dogs. If you are interested in him and have dogs, shelter staff requests a meet and greet.
He's in kennel No. 28, ID No. 1577.
Border collie mix
This 2-year-old male border collie-retriever mix is described by shelter staff as light-hearted, well-mannered and affectionate.
Staff says he's an outstanding dog who is good with cats, as well as with dogs – big or small, male or female.
He weighs 56 pounds, has a medium-length black coat with white markings, sits on command and has no food guarding issues.
He would be great in a family with children of all ages.
He's in kennel No. 29, ID No. 1517.
To fill out an adoption application online visit http://www.co.lake.ca.us/Government/Directory/Animal_Care_And_Control/Adopt/Dog___Cat_Adoption_Application.htm .
Lake County Animal Care and Control is located at 4949 Helbush in Lakeport, next to the Hill Road Correctional Facility.
Office hours are Monday through Friday, 11 a.m. to 5 p.m., and 11 a.m. to 3 p.m., Saturday. The shelter is open from 11 a.m. to 4 p.m. Monday through Friday and on Saturday from 11 a.m. to 3 p.m.
Visit the shelter online at http://www.co.lake.ca.us/Government/Directory/Animal_Care_And_Control.htm .
For more information call Lake County Animal Care and Control at 707-263-0278.
Email Elizabeth Larson at
Astronomer Eric Mamajek at the University of Rochester and his co-author from the Leiden Observatory, The Netherlands, have discovered that the ring system that they see eclipse the very young Sun-like star J1407 is of enormous proportions, much larger and heavier than the ring system of Saturn.
The ring system – the first of its kind to be found outside our solar system – was discovered in 2012 by a team led by Rochester’s Eric Mamajek.
A new analysis of the data, led by Leiden’s Matthew Kenworthy, shows that the ring system consists of over 30 rings, each of them tens of millions of kilometers in diameter.
Furthermore, they found gaps in the rings, which indicate that satellites (“exomoons”) may have formed. The result has been accepted for publication in the Astrophysical Journal.
“The details that we see in the light curve are incredible. The eclipse lasted for several weeks, but you see rapid changes on time scales of tens of minutes as a result of fine structures in the rings,” said Kenworthy. “The star is much too far away to observe the rings directly, but we could make a detailed model based on the rapid brightness variations in the star light passing through the ring system. If we could replace Saturn’s rings with the rings around J1407b, they would be easily visible at night and be many times larger than the full moon.”
“This planet is much larger than Jupiter or Saturn, and its ring system is roughly 200 times larger than Saturn’s rings are today,” said co-author Mamajek, professor of physics and astronomy at the University of Rochester. “You could think of it as kind of a super Saturn.”
The astronomers analyzed data from the SuperWASP project – a survey that is designed to detect gas giants that move in front of their parent star.
In 2012, Mamajek and colleagues at the University of Rochester reported the discovery of the young star J1407 and the unusual eclipses, and proposed that they were caused by a moon-forming disk around a young giant planet or brown dwarf.
In a third, more recent study also led by Kenworthy, adaptive optics and Doppler spectroscopy were used to estimate the mass of the ringed object.
Their conclusions based on these and previous papers on the intriguing system J1407 is that the companion is likely to be a giant planet – not yet seen – with a gigantic ring system responsible for the repeated dimming of J1407’s light.
The light curve tells astronomers that the diameter of the ring system is nearly 120 million kilometers, more than two hundred times as large as the rings of Saturn. The ring system likely contains roughly an Earth’s worth of mass in light-obscuring dust particles.
Mamajek puts into context how much material is contained in these disks and rings.
“If you were to grind up the four large Galilean moons of Jupiter into dust and ice and spread out the material over their orbits in a ring around Jupiter, the ring would be so opaque to light that a distant observer that saw the ring pass in front of the sun would see a very deep, multi-day eclipse,” Mamajek said. “In the case of J1407, we see the rings blocking as much as 95 percent of the light of this young Sun-like star for days, so there is a lot of material there that could then form satellites.”
In the data the astronomers found at least one clean gap in the ring structure, which is more clearly defined in the new model. “One obvious explanation is that a satellite formed and carved out this gap,” said Kenworthy. “The mass of the satellite could be between that of Earth and Mars. The satellite would have an orbital period of approximately two years around J1407b.”
Astronomers expect that the rings will become thinner in the next several million years and eventually disappear as satellites form from the material in the disks.
“The planetary science community has theorized for decades that planets like Jupiter and Saturn would have had, at an early stage, disks around them that then led to the formation of satellites,” Mamajek explained. “However, until we discovered this object in 2012, no-one had seen such a ring system. This is the first snapshot of satellite formation on million-kilometer scales around a substellar object.”
Astronomers estimate that the ringed companion J1407b has an orbital period roughly a decade in length.
The mass of J1407b has been difficult to constrain, but it is most likely in the range of about 10 to 40 Jupiter masses.
The researchers encourage amateur astronomers to help monitor J1407, which would help detect the next eclipse of the rings, and constrain the period and mass of the ringed companion.
Observations of J1407 can be reported to the American Association of Variable Star Observers (AAVSO).
In the meantime the astronomers are searching other photometric surveys looking for eclipses by yet undiscovered ring systems.
Kenworthy adds that finding eclipses from more objects like J1407’s companion “is the only feasible way we have of observing the early conditions of satellite formation for the near future.
J1407’s eclipses will allow us to study the physical and chemical properties of satellite-spawning circumplanetary disks.”
LAKEPORT, Calif. – Following a three-hour hearing on Friday afternoon, a judge must now decide whether there is evidence to prove that a Kelseyville man – found not guilty by reason of insanity last fall in the shooting of another local man – has regained his sanity.
Retired Lake County Superior Court Judge Arthur Mann presided over the hearing in Lakeport regarding Andrew James Serrano, 42.
In October a jury found Serrano not guilty by reason of insanity in the September 2011 shooting of Willy Turner, as well as the assault at that time of his then-wife, Lesa, as Lake County News has reported. A story on the verdict can be found here: bit.ly/1vrBhF1 .
Prosecutor Alan Upton and defense attorney Mitchell Hauptman agree that such insanity cases are rare.
More unusual still are proceedings like Friday's, Upton said in a separate interview, explaining that the court must determine if Serrano has now regained his sanity, even before going to a state hospital.
“There is not a whole lot of case authority dealing with it,” Upton said. “It's an unusual situation in an unusual situation.”
Mann acknowledged that fact on Friday, noting at the start that it was “not your usual sentencing.”
Hauptman presented a case that included the testimony of two psychologists, Dr. John Podboy and Dr. Albert Kastl, both of whom had testified at trial on the defense’s behalf and examined Serrano before the fall verdict.
They told the court that after meeting with Serrano separately – each saw him for two hours – that they were convinced that he was no longer insane.
However, they would differ slightly in their conclusions about Serrano's current state of mental health, with Podboy saying he had no depression and Kastl opining that he had a mild depressive disorder.
Neither of the doctors interviewed medical staff at the Lake County Jail to verify statements Serrano made about his health or behavior, nor did they review previous reports.
“This is a premature hearing to have on this issue,” Upton argued at the hearing's beginning, noting that Serrano should be referred to a mental hospital or Lake County Behavioral Health for evaluation.
Upton did not present any witnesses on Friday, explaining that it had been the prosecution's belief that Serrano had always been sane anyway.
Mann said the penal code includes language that once there has been an insanity verdict it's up to a judge to determine of the defendant's sanity has been restored.
He said he couldn't operate in a vacuum in making that determination, so he would allow the defense to enter its evidence. In addition, Mann said he had read and considered a probation report on the matter.
Hauptman noted during the Friday hearing that the chance to consider Serrano's sanity at this point was “kind of a one-shot deal.”
Podboy opines on Serrano's mental health
Podboy had evaluated Serrano in February and March of last year for the not guilty by reason of insanity plea. He testified at trial that Serrano was insane at the time of the shooting and remained insane as of the time of the early 2014 interviews.
He would not meet with Serrano again until Hauptman asked him to reexamine Serrano to make a determination on his sanity. That led to a two-hour examination on Jan. 8.
In addition, Podboy met with Serrano's parents. “They felt that their son had much improved,” was no longer tremulous and had resumed calling them daily after having stopped for some period of time. “They were very pleased,” he said.
In addition, Podboy administered to Serrano a general screening test called the Miller Forensic Assessment of Symptoms Test, or MFAST.
During questioning by Hauptman, Podboy stated, “I didn't see any evidence of mental illness on the part of your client.”
He reported that Serrano had told him that he stopped taking his psychiatric medicines “cold turkey,” with Podboy noting repeatedly during the hearing that he believed Serrano had been “excessively medicated,” which was part of his problem.
He said that Serrano was a telemedicine patient, seeing a psychiatrist for five minutes at the jail and then being prescribed medications, but never seeing a psychiatrist face to face.
Podboy said he questioned Serrano closely about residual feelings of hostility toward his ex-wife, and Serrano said he has accepted that she left him for another man. He said he wanted to stay in touch with his children, stating he hasn't seen the younger children since September 2011.
In addition, Podboy maintained that Serrano showed no signs of being a danger to the public at large or his victims, with no tendency toward retribution and no delusional comments. He can understand right from wrong and understands the nature of the conduct that resulted in him being jailed.
On Jan. 9, Podboy wrote his report, sending it to Hauptman later that day.
Before the hearing started, Serrano's medical records were submitted to the court. In addition, there were records from the jail about Serrano's psychological condition. None of those records, however, were considered by Podboy in making his determination.
“You didn't think it was important to look at those before making that decision?” Upton asked, with Podboy responding that he didn’t consider them necessary.
Upton questioned why Podboy would rely only on statements from Serrano and his family and not on actual medical records and the health professionals overseeing Serrano at the jail. “Is that something a normal psychologist would do, acting under professional standards?”
Podboy said he didn't have access to those sources, and felt Serrano and his family were sufficient, adding that the couldn't imagine them fabricating their statements.
While Serrano had told Podboy he had quit taking his medications three weeks before their meeting, Upton presented information about a Dec. 29 mental health request that Serrano had made to jail staff to have his medications adjusted.
Serrano also had expressed to Podboy his plans to move to the Bay Area, live with his sister in San Pablo and get a job.
Podboy said the officers who had transported Serrano to his office told him they had no issues with Serrano, but Upton questioned why he hadn't checked up on Serrano's record in jail, pointing to a February 2012 fight between him and another inmate and a separate rules violation.
Following his meeting with Serrano, Podboy would report that he was back to being intellectually curious, was up on current events and sleeping well.
Serrano has a history of depression and if he has issues when transitioning back into the community, will seek help, Podboy said.
Upton countered, “That didn't work out so well the last time,” referring to a May 2011 mental health commitment Serrano underwent.
When Upton pressed Podboy on why he didn't do multiple tests on Serrano, Podboy said Serrano had been retested multiple times previously.
“But they came to very different conclusions didn't they?” Upton asked, alluding to tests that also found him sane.
“They did,” said Podboy.
Upton asked Podboy if Serrano was still reporting that he was hearing voices. Podboy said no, but acknowledged that he had not included that information in his report on Serrano's sanity.
Referring to an August 2013 report on Serrano's mental health from a doctor at Atascadero State Hospital, Upton referred to a passage in the report that suggested Serrano was exaggerating his mental health issues, or “malingering,” in order to minimize the criminal charges against him.
Podboy agreed during the cross-examination that malingering is more common in a legal context.
Responding to the report, Podboy said he would have to consider that opinion with a grain of salt, although he hadn't read it, and added that it appeared Turner was a “provocateur.”
Kastl shares conclusions
Kastl, licensed as a psychologist since 1968, said the two hours he spent with Serrano on Dec. 29 were sufficient to enable him to make an opinion about his current state.
Serrano, Kastl said, has a significant level of depression, which is not unexpected “given the daunting tasks that face him in the community.” He said 5 to 10 percent of the population has such serious depression at some point in their lifetime.
During his evaluation of Serrano, Kastl focused on three questions given to him by Hauptman: did Serrano have a mental disorder, does he understand the nature and quality of his acts, and does he present a danger to the health and safety of others.
Kastl held that Serrano poses no danger to the community nor “specific persons” – namely, his previous victims. Like Podboy, Kastl said Serrano understand the nature of his conduct, and has expressed remorse over the the acts he committed.
Asked by Upton about how long it was after the conclusion of the trial in October that Hauptman asked Kastl to evaluate Serrano's mental health, Kastl said it was a “few weeks,” or early December.
Kastl said Serrano no longer has a major depressive disorder, but a mild depressive disorder.
Upton asked Kastl if the fact that Serrano was no longer facing a lengthy prison term and had the possibility of release ahead of him had reduced his depression. Kastl said it was possible.
Some of the challenges Serrano is facing in his future include getting a driver's license and a suitable job, and hiring a divorce attorney to get visitation with his children, Kastl said.
“It sounds like there are a lot of plans for his future there,” said Upton, asking if Serrano shared those plans unprompted. “He mentioned these spontaneously,” said Kastl.
If released, Kastl suggested Serrano would need three months of weekly psychotherapy to transition back into the community. Serrano had indicated that his parents would pay for his treatment. As alcohol has also been an issue in his past, Kastl suggested he join Alcoholics Anonymous.
Kastl said he was confident that Serrano would not in the future commit the kinds of violent acts he has in the past, noting the stressors that precipitated that action are no longer present.
Upton suggested Serrano could be harboring secret plans for vengeance. Kastl said it was possible, but that Serrano's plans “seem to be oriented toward a productive future” rather than harboring feelings of retribution.
Would a person actually admit to having such vengeful feelings? Upton asked. Probably not, said Kastl, but such a person would have to be observed for signs of defensiveness and manipulativeness. “He was not of that stripe.”
Kastl said Serrano stated that he his hopeful that he and his ex-wife can resolve their differences and work constructively regarding their children.
In consideration of Serrano's violence against his ex-wife and Turner, who she has since married, Upton asked, “Doesn't that show he is still delusional?”
“I don't think so,” said Kastl. “It's a hope, a wish. He doesn't express it as a certainty and he realizes it may not be possible.”
Kastl said he had looked at Serrano's comments with skepticism. “This seems too good to be true. You have an illness and you get out of a lengthy incarceration period and suddenly you're acting normal. It seems unbelievable.”
Like Podboy, Kastl didn't speak to any of the health care professionals at the jail about Serrano's condition.
Kastl evaluated Serrano on Dec. 29, the same day he had asked for a medication adjustment while claiming he had stopped taking his medications. Upton asked how that squared, with Kastl responding that Serrano had told a nurse that he wanted to stop taking the medications. However, he didn't verify that with the nurse.
He said he did not review some 4,000 pages of reports on Serrano's case due to the extreme cost in time.
He also believed that it was unlikely Serrano exaggerated his symptoms in order to get medications, noting that the only people who seem to benefit from such medications are people with real psychosis.
Kastl said he used a Rorschach test on Serrano to look for signs of psychosis. He also tested his memory and concentration, and gave him another IQ test. Previously Kastl had opined that Serrano had a low IQ, which Upton suggested was remarkable given Serrano's background, which included working in a tech company.
In his December interview with Kastl, Serrano was more animated, whereas previously he had a more limited range of expression. “He just sat there like a lump.”
Even if he didn't get counseling upon release, Kastl didn't feel Serrano would be a danger to the community.
Attorneys argue parameters of the law
Following testimony, Hauptman summed up by pointing out that temporary insanity is a “recognized and well-settled concept.” He said the court was called on to make a preliminary determination and decide if there is probable cause for proceeding further.
He said the evidence of Podboy and Kastl met the evidentiary requirements regarding Serrano's return of sanity. Hauptman said the prosecution could have brought up contradictory evidence or made requests to examine Serrano.
Upton argued that Serrano hadn't recovered his sanity, and faulted Podboy and Kastl for “utter sophistry” and bias throughout the proceedings. “Many of the things that they were saying just flew directly in the face of common sense.”
He called the doctors “hired guns,” adding, “This is just highly, highly suspicious and unusual.”
Upton said the real issue is whether or not Serrano is still suffering from a mental illness, and asked that he be evaluated by someone else – “anyone else” – other than the two doctors, who he accused of engaging in verbal acrobatics.
Hauptman quoted case law establishing that once a person has been determined to recover their sanity, they become a 5150 and there is a civil commitment.
“There is no magic way to determine sanity or insanity,” Hauptman said, noting that Serrano was found to have recovered his sanity according to the only available definitions.
Mann asked Hauptman how he squared that conclusion with Kastl's testimony that Serrano has a significant level of depression in the form of a mild depressive disorder. Hauptman recalled that Kastl had said that level of depression is present in about 10 percent of the population.
Upton countered that the 10 percent of the population that had that level of depression hasn’t committed a crime and had a not guilty by reason of insanity defense.
“This is an area of the law that is not well defined and is very significant,” said Mann, noting it has been – and continues to be – difficult to get a handle on.
He said he would need to do further research and so continued the hearing to the morning of Wednesday, Feb. 4.
Email Elizabeth Larson at