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NORTHERN CALIFORNIA – In response to an exposed legal anomaly and an outdated rape statute that resulted in an overturned rape conviction, Sen. Noreen Evans (D-Santa Rosa), chair of the Senate Judiciary Committee and Chair of the California Women's Caucus, introduced SB 59.
The bill is also co-authored by twelve other senators, including pro tem Darrell Steinberg (D-Sacramento) and public safety chair Loni Hancock (D-Berkeley).
“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 Second District Court of Appeal last week 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. 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 And it’s past time this legislative body correct an arcane law that could let a rapist go free on an outdated statue that provides neither,” Evans said.
Evans represents the Second Senatorial District, including all or portions of the counties of Humboldt, Lake, Mendocino, Marin and Sonoma.
LAKE COUNTY, Calif. – The California Highway Patrol said that a bicyclist killed along Highway 29 Tuesday morning was hit by two different vehicles before succumbing to his injuries, with a Clearlake woman arrested later in the day for allegedly leaving the crash scene.
The bicyclist who was the victim of the crashes was a 59-year-old Lower Lake man whose name CHP did not release Tuesday evening.
The CHP also said that it arrested Aimee Christine Hubbard, 25, of Clearlake, the first motorist who hit the man before she allegedly left the scene.
A second driver, John Weeks, 62, of Hidden Valley Lake, also hit the bicyclist, who was pronounced dead at the crash site, according to the CHP.
The CHP report said the bicyclist was riding a Fuji 24 speed northbound on Highway 29, north of Clayton Creek Road at 7:44 a.m., when the visibility was reduced due to fog.
Hubbard was driving northbound in a 1999 Chevy Suburban, and as she passed she struck the man, who fell to the ground in the northbound lane, according to the CHP.
Two witnesses in separate vehicles were driving northbound approaching the crash scene and when they saw the man in the lane they were able to pull over to the shoulder, the CHP said.
The CHP said that as both witnesses were going back toward the bicyclist to help him, they saw him trying to get up.
Weeks was driving northbound in a 2008 Toyota Prius approaching the scene, and he failed to avoid hitting the bicycle or the rider in the roadway, the CHP reported.
During this time, Hubbard left the scene in her vehicle. The CHP said that about an hour and a half later, Hubbard went to the Clearlake Police Department and said she had been involved in the crash.
The bicyclist was pronounced dead at the scene, according to radio reports Tuesday morning.
Due to fog in the area, several other collisions were narrowly avoided, fire radio traffic had indicated.
Highway 29 was closed for several hours while officers worked at the scene gathering evidence on Tuesday. The CHP reported that the highway was reopened at about 2 p.m.
Hubbard, a nursing assistant, was booked into the Lake County Jail on Tuesday evening on a charge of hit and run causing injury or death. Her bail was set at $50,000.
The CHP said both the collision between Hubbard and the bicycle and the subsequent crash involving Weeks remain under investigation.
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LAKE COUNTY, Calif. – Several small and moderately sized earthquakes were reported around Lake County on Tuesday morning.
The quakes occurred over a three-hour period in the Cobb and Kelseyville areas, according to the US Geological Survey.
The first, and largest, of the quakes, measuring 3.1 in magnitude, occurred just before 7:30 a.m. two miles west southwest of Anderson Springs, five miles east southeast of The Geysers geothermal steamfield and five miles south of Cobb, at a depth of just under a mile, the US Geological Survey reported.
Then, from 10:32 a.m. to 10:36 a.m., three small quakes – measuring 2.6, 2.5 and 2.9 in magnitude, respectively – were reported between three and four miles south southeast of Soda Bay, the survey said.
The US Geological Survey said the quakes ranged in depth from 1.7 to 2.9 miles.
The agency had received 31 shake reports from Clearlake, Kelseyville and even Morgan Hill by noon on Tuesday regarding the 2.9-magnitude quake near Soda Bay.
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LAKE COUNTY, Calif. – Local law enforcement officials are interviewing a woman who they believe was the driver in a fatal hit and run collision on Tuesday morning.
The crash, which took place at about 7:45 a.m. on Highway 29 south of Lower Lake, claimed the life of a bicyclist, as Lake County News has reported.
Not long after the crash, the California Highway Patrol had put out a request to the community for assistance in finding a black SUV believed to have been involved.
A short time later, CHP Officer Kory Reynolds, who was at the scene late Tuesday morning, told Lake County News that the CHP had located the driver who they believed was involved.
A woman had gone to the Clearlake Police Department at around 9:30 a.m. to report that she thought she may have hit someone. She initially thought she had hit a deer, but then saw posts on Facebook about a person being hit on the road, the CHP reported.
The woman was reported to have been driving a burgundy-colored Chevy Tahoe.
Reynolds said CHP officers were interviewing the woman.
He said additional details about the incident would be made available as soon as possible.
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LOWER LAKE, Calif. – A bicyclist riding near Lower Lake on Tuesday morning was killed in a hit and run crash, and law enforcement officials are asking for the community's help in locating the suspect vehicle.
The incident occurred at about 7:45 a.m. on Highway 29 near the Jonas Oil gas station south of Lower Lake, according to the California Highway Patrol.
Firefighters arriving at the scene confirmed that the crash victim had died, according to radio traffic.
CHP Officer Kory Reynolds confirmed that the crash had resulted in a death.
He said the CHP was asking for the community's help in locating the suspect vehicle, a black Chevrolet Suburban with right front end damage.
Reynolds asked anyone with information about the crash to call the CHP dispatch at 707-467-4000.
Heavy fog in the area of Highway 29 and Spruce Grove Road North also had nearly led to several other collisions, according to reports from the scene.
At around 8:45 a.m. Caltrans took over the closure of the nearby stretch of Highway 29, estimated to be closed for up to two hours.
Reynolds said Highway 29 was closed from Highway 53 to Spruce Grove Road North, with all traffic being diverted to alternate routes.
Additional details will be posted as they become available.
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LAKEPORT, Calif. – After a quarter century serving Lake County, a local businessman is retiring following the sale of his family’s business.
John Norcio spent his last day at work on Dec. 31 at the Lakeport McDonald’s on Todd Road, which he and his wife, Pat, had owned for 25 years.
Norcio, 65, said he sold the restaurant to a Vacaville-based businessman who also owns the Clearlake McDonald’s and a number of others around the Bay Area.
Business has remained strong despite the tough economy, Norcio said.
“We had a good value product. A lot of customers recognized that,” Norcio said. “Our business was very solid.”
The Lakeport restaurant was known for the quality of its service and employees.
As to why he chose to sell the business and retire, “I just decided it was time to travel and just enjoy life,” said Norcio.
In retirement, he and Pat said they plan to stay in Lake County.
The Norcios have been fixtures in the community, donating generously to a wide variety of local organizations and charities.
“I wish we knew all the things he did. He’s done so much,” said Lake County Chamber Chief Executive Officer Melissa Fulton.
Norcio tends not to brag about his efforts, so Fulton helped fill in some of he and his wife’s accomplishments.
Fulton pointed to his longtime membership on the chamber board and chamber presidency in 1994, he and Pat’s support of youth sports and their annual “McBoo Night” Halloween costume contest, and their continuing sponsorship of the Stars of Lake County Community Awards Program.
John Norcio also is a longtime Lakeport Rotary Club member.
Fulton said the Norcios have been involved with the kinds of efforts that bring the community together.
One of the family’s goals was always to give back to the community, John Norcio said.
“The community treated us very well,” he said.
He added, “It’s a two way street in business,” noting if you do for the community, its members will do for you.
Norcio began with McDonald’s 49 years ago, in 1964.
Then a 16 year old living in San Jose, the young Norcio needed a part-time job because he wanted a car.
He and a friend met the man who had purchased the local McDonald’s franchise, and the owner offered the teens jobs.
Norcio didn’t know what McDonald’s was. At that time, “McDonald’s was relatively new in the San Jose area,” Norcio recalled.
He accepted the job, and would spend 24 years working in a McDonald’s in the Bay Area before buying the Lakeport store and moving to Lake County. His first day on the job in Lakeport was Feb. 1, 1988.
Pat kept busy on the home front, raising the couple’s two children, Nick and Kim, and volunteering. Nick later would be involved in running the Lakeport store, working as its manager.
The Norcios treated their employees like family, so when John Norcio delivered the news about retirement, “They were sad to see us go,” he said. “There was a lot of emotion.”
Norcio said he’s looking forward to spending time riding a motorcycle he recently bought, which he took for a 7,200-mile trip last year.
He and Pat enjoy taking cruises, and visiting with daughter Kim and their grandson in San Jose. They’re also looking forward to seeing more of their friends.
As for a parting piece of advice to local business owners on how to keep going and stay successful, Norcio offered a simple tip.
“Get involved. Pay it back,” he said.
The Norcios have written a thank you letter to the community. Read it here: http://bit.ly/ZkxfLj .
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