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A bill moving through the California Senate in response to an exposed legal anomaly in an outdated rape statute, which resulted in an overturned rape conviction, cleared a key committee Monday, passing out of appropriations 6-0.
The bill seeks to close the legal loophole specific to rape under false pretenses or rape by fraud by updating the penal code.
Sen. Noreen Evans (D-Santa Rosa) introduced SB 59 at the beginning of the 2013 legislative session following the outcome of the overturned rape conviction in People v. Morales.
“Rape is a violent crime that should be punished to the fullest extent of the law,” said Sen. Evans. “Justice cannot be conditioned on the victim’s marital status.”
Under an 1870s provision that upheld the rights of a married victim, but not those of others, the Secnd District Court of Appeal in January overturned the rape conviction of Julio Morales.
In 2009 Morales impersonated his female victim’s boyfriend in order to have sex with her while she was sleeping.
Because jury instruction was unclear and the current law only allows someone to be convicted of rape for impersonating a spouse, but is silent about the impersonation of other intimate partners, the conviction was overturned on the technicality.
SB 59 would amend Penal Code section 261(a)(5) by exchanging the word “spouse” for the term “sexually intimate partner.” Doing so would expand the definition to include single individuals as well as domestic partners and other individuals currently excluded by “spouse.”
“This is about equality in the law,” said Evans. “This is about justice for all. And it’s past time this legislative body correct an arcane law that could let a rapist go free on an outdated statute that provides neither.”
Evans represents the Second Senatorial District, including all or portions of the counties of Humboldt, Lake, Mendocino, Marin and Sonoma. She chairs the Senate Committee on Judiciary.
CLEARLAKE OAKS, Calif. – The zombie apocalypse hasn’t yet arrived, but the zombies are nevertheless on their way to Lake County this spring.
The “Run for Your Lives” obstacle 5k race will be held at Oasis Motorcross, 24736 E. Highway 20, east of Clearlake Oaks, on Saturday, May 11.
The race is the brainchild of Maryland-based Reed Street Productions. In 2012, the race was held in 12 U.S. cities and hosted more than 100,000 participants.
This year the race has expanded to 21 locations, including Lake County.
New this year, participants can expect to encounter increasingly challenging obstacles and an enhanced Apocalypse Party experience.
“Run For Your Lives is a one-of-a-kind experience that challenges participants to think on their feet and push their fitness capabilities,” said Ryan Hogan, managing director of Reed Street Productions and co-creator of Run For Your Lives. “Zombies are at the forefront of pop culture, and our race in California lets everyone from zombie enthusiasts to fitness fanatics and first-time runners live out their greatest survival fantasies. We hope participants are prepared to run for their lives on May 11.”
Run for Your Lives invites participants to climb, crawl and sprint their way through a series of 10 mystery obstacles over a 5K course – all while being chased by hundreds of professionally made up zombies.
Racers begin the course wearing a flag football-like belt with three hanging flags, which members of the undead attempt to remove throughout the run.
Survivors and newly created zombies – those who reach the finish line without flags – are able to celebrate the end of the world at the Apocalypse Party, which features live music, entertainment, local vendors, national sponsors and food and beverage.
Participants can sign up as a runner, zombie or both, or choose to stand on the sidelines as a spectator and watch participants run for their lives.
Registration packages for participants include a race shirt, admission to the Apocalypse Party, a medal signifying your survival or zombie transformation, and advanced training for the zombie apocalypse.
If you’re not brave enough to face the zombies, spectator passes are available.
The Kennedy Krieger Institute and Project Sole are the official charitable partners of Run For Your Lives for 2013.
To register for Run For Your Lives or for more information regarding how the race works, please visit www.runforyourlives.com .
LAKEPORT, Calif. – A Redwood Valley man was arrested Sunday in Lakeport for possession of more than three pounds of processed marijuana and child endangerment.
Jason William Smith, 33, was arrested in the case, according to a report from Lt. Jason Ferguson.
Ferguson said Lakeport Police officers responded to a verbal argument between a man and woman at the Lake County Fairgrounds baseball fields around 11:50 a.m. Sunday.
Lakeport Police Officer Gary Basor made contact with Smith, who Ferguson said was attempting to take custody of his child from Jennifer Foster, the mother.
While on scene officers discovered that Smith was in possession of marijuana in the center console of his vehicle, Ferguson said.
Upon further search of the vehicle’s trunk, Officer Basor located four separate packages, containing a combined total of over 1,400 grams – just over three pounds, one ounce – of processed marijuana, believed to be packaged for sale, according to Ferguson.
Smith was placed under arrest for felony possession of marijuana for sale, transportation of marijuana and child endangerment, and misdemeanor violation of a court order, Ferguson said.
Smith was transported to the Hill Road Jail where bail was set at $75,000. Jail records indicated he later posted bail and was released.
LAKEPORT, Calif. – The auditions for the 32nd annual Spring Dance Festival are done, and there was a great deal of excellent material from which to choose.
The difficult choices have been made, and the dancers are even now putting the final polish on their beautifully rehearsed terpsichorean compositions.
The program will be presented at 1 p.m. and 7 p.m. Saturday, May 4, and 2 p.m. Sunday, May 5.
Tickets already are available through the Soper-Reese Community Theatre box office, located at 275 S. Main St. in Lakeport, and open 10:30 a.m. to 5:30 p.m. Fridays; and on the theater’s Web site, http://www.soperreesetheatre.com/ .
After many years being held in the Clear Lake High School gymnasium, the Spring Dance Festival has settled in comfortably at the Soper-Reese, and the audiences have been very glad for the comfortable seats and the excellent sight-lines. Finally they are able to perform where everyone in the audience can see all the dancers right down to their toes.
Many think that the Spring Dance Festival is the best entertainment value of the Lake County year. There are usually more than 150 well-trained dancers, all radiating beauty and grace. Lake County has more than its fair share of dance schools and many inspired choreographers.
This program is the primary fundraiser for the Lake County Arts Council, so even if you are indifferent to beautiful dance and dancers, there are many reasons to attend.
For more information, call 707-263-6658, drop by the Main Street Gallery/Lake County Arts Council office or visit www.lakecountyartscouncil.com .
LAKE COUNTY, Calif. – Three adoptable cats continue to wait for new homes at the county’s animal shelter.
The three males are all neutered and vaccinated, have short coats and range in age from 2 to 3 years.
In addition to spaying or neutering, cats that are adopted from Lake County Animal Care and Control are microchipped 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 there, hoping you'll choose them.
The following cats at the Lake County Animal Care and Control shelter have been cleared for adoption (other cats pictured on the animal control Web site that are not listed here are still “on hold”).
Male domestic short hair
This male domestic short hair mix is 3 years old.
He has a white and orange coat, weighs 14 pounds and has gold eyes, and has been altered.
He’s in cat room kennel No. 105, ID No. 35839.
Black male cat
This black male cat is 2 years old.
He weighs 8 pounds, has a short coat and gold eyes, and has been altered.
Find him in cat room kennel No. 49, ID No. 35862.
Gray male tabby
This gray male tabby is 2 years old.
He weighs 8 pounds, has a short coat and gold eyes, and has been neutered.
He’s in cat room kennel No. 20, ID No. 35866.
Adoptable cats also can be seen at http://www.co.lake.ca.us/Government/Directory/Animal_Care_And_Control/Adopt/Cats_and_Kittens.htm or at www.petfinder.com .
Please note: Cats listed at the shelter's Web page that are said to be “on hold” are not yet cleared for adoption.
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, 8 a.m. to 5 p.m., and 1 p.m. to 3 p.m., Saturday. The shelter is open from 10:30 a.m. to 4:30 p.m. Monday through Friday and on Saturday from 1 p.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
NORTHERN CALIFORNIA – The Blue Ridge-Berryessa Partnership, a group of regional stakeholders working together to conserve and steward the Blue Ridge-Berryessa Natural Area, will host a fire ecology and restoration panel discussion in Yountville on Friday, April 12.
The panel discussion, which is free and open to the public, will take place from 9:30 a.m. to 11:30 a.m. on the second floor Lee Lounge at the Yountville Veterans Home, 180 California Drive.
A one-hour partnership meeting, also open to the public, will immediately follow the panel discussion.
Panelists will discuss fire ecology and the use of fire in land management; regional fire trends and impacts of climate; and services offered by Cal Fire, including how controlled burns are implemented.
Panelists include US Forest Service Regional Ecologist Hugh Safford and Cal Fire Division Chief Jim Wright. Following the meeting there will be an opportunity for the public to learn more about the partnership.
Founded in 1997, the partnership provides a forum for the public and private land managers to meet and discuss stewardship activities, interests, and challenges.
The group has since grown to more than 100 members, including federal and state agencies, counties and other public entities, local businesses, nonprofit organizations and conservation-minded landowners – all with the common goal of supporting collaborative stewardship of the natural and working landscape of the Blue Ridge-Berryessa Natural Area.
The Blue Ridge-Berryessa Natural Area is approximately 785,000 acres of the upper Putah and Cache Creek watersheds, both tributaries to the Sacramento River basin.
The area is bounded on the east at the base of the Blue Ridge by the Capay and Sacramento valleys, on the west by the Clear Lake basin and the Napa watershed, on the north by the Mendocino National Forest, and extends south to Interstate 80 in Solano County.
It encompasses portions of Lake, Colusa, Yolo, Napa and Solano counties and is part of the Coast Range ecological zone that extends north into Oregon.
For more information visit www.brbna.org or call Program Director Mary Adelzadeh at 530-402-5404.