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Man sent to prison for 68 years to be considered for medical release as result of Senate bill

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Craig Lemke, in a 2007 Lake County Jail photo, is being considered for medical parole from the California prison system. Courtesy photo.
 

 

 

 

LAKE COUNTY, Calif. – A former Lakeport man sent to prison for 68 years for a home invasion robbery and previous felony strikes will go before the Board of Parole Hearings next month for a hearing to determine if he is eligible for a medical release from prison.


Craig Alvin Lemke, 48, will appear before the parole board on June 15 at Pleasant Valley State Prison near Coalinga, where he is serving his sentence, according to the California Department of Corrections and Rehabilitation.


Lemke is one of several inmates up for medical parole, an issue set in motion by SB 1399, authored by state Sen. Mark Leno (D-San Francisco).


The bill, passed by the Legislature last year and signed by then-Gov. Arnold Schwarzenegger in September 2010, is intended to reduce the skyrocketing costs of health care for prisoners.


In a statement released last August, Leno's office said the bill “allows for the medical parole of those inmates who are severely incapacitated and no longer pose a threat to public safety.”


The bill did not offer medical parole eligibility to prisoners sentenced to death or life without the possibility of parole.


Luis Patino, a state corrections spokesman, said inmates like Lemke who are being considered for the medical release are eligible due to “dire” health conditions.


Prisoners considered for release, Patino added, are no longer considered dangerous to their communities, and are severely incapacitated or bedridden.


“They have to be that severe just to be eligible to be considered,” he said.


In most cases, the inmates up for consideration are in hospitals and will remain there, Patino said.


Medical parolees would remain under parole supervision and would be eligible for federal financial assistance to cover medical expenses, “and this burden would no longer fall entirely on California taxpayers,” according to Leno's statement.


The bill was anticipated to save California taxpayers $200 million, with no associated public safety risk, according to Leno.


Leno cited figures from the state's 2009-10 fiscal year, in which California taxpayers reportedly spent nearly $2 billion on the health care needs of state prisoners.


Leno's office said that a state audit found that in a single year 1,175 inmates accounted for 39 percent of specialty health care spending, totaling more than $185 million.


Patino said state prison doctors determine which prisoners are eligible to be considered for medical release.


The prisoners have to be watched by two guards 24 hours a day, said Patino. As prisoners, they're not available for Medicare, but on parole they would be eligible for some federal benefits to cover their costs.


The first of several scheduled medical parole cases came up last week when the Board of Parole Hearings considered the case of 42-year-old Steven Martinez.


Martinez, who became a quadriplegic following a 2001 prison knife attack, had been sentenced to prison for 150 years for a violent 1998 kidnap, attack and rape of a San Diego woman, according to a Los Angeles Times story by reporter Tony Perry (www.latimes.com/news/local/la-me-prisoners-20110530,0,78103.story).


It's up to the Board of Parole Hearings to decide of such releases are truly safe. In the case of Martinez, who the board turned down for the parole, Patino said that Martinez had made threats against his nurses.


Due to the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), which protects patient confidentiality, Patino said specifics about Lemke's medical issues were not available for release, although they may be discussed publicly at the June 15 hearing.


Lake County Chief Deputy District Attorney Richard Hinchcliff, who will travel to the hearing to argue against Lemke's release, said he hasn't received any of the details about the medical justifications for Lemke's proposed release, either.


“They're saying he needs 24-hour care for something but they don't say what,” said Hinchcliff.


Patino said the details of Martinez's cases were available to be made public because he had previously been considered – and denied – for “compassionate” release due to his condition.


An 'extremely violent' individual

Lake County Superior Court Judge Stephen Hedstrom sentenced Lemke to 68 years to life in November 2007 for a home invasion robbery of an elderly Lower Lake couple's home in February 2006, as Lake County News has reported.


In that February 2006 case, Lemke and an accomplice allegedly broke into a home, tied up an 89-year-old man and his 70-year-old wife with duct tape and put them on the floor before taking money, jewelry, firearms and ammunition, according to the original report from the Lake County Sheriff's Office. Neither victim was seriously injured.


The following month, the sheriff's office reported arresting Lemke – in jail on other felonies – on charges related to the home invasion robbery.


Hedstrom sentenced Lemke to the 68-year sentence for two counts of first degree robbery, first degree burglary, elder theft, two counts of false imprisonment of an elderly person and grand theft of firearms, with the previous strikes doubling the sentence.


One of the previous strike cases had involved a similar home invasion robbery case in 1995 in which Lemke bound a man and his 15-year-old son with duct tape and robbed them.


Hinchcliff said he was angered by the decision to consider Lemke for medical release after only four years into a 68-year sentence.


He called Lemke an “extremely violent person,” and pointed to his previous convictions.


California Department of Corrections and Rehabilitation records on Lemke show that before his 2007 conviction he had been sentenced to prison terms on weapons charges in 1986, burglary in 1990 and the 1995 home invasion robbery.


Pointing to the Martinez case, Patino said of Lemke that, just because he's being considered doesn't mean he'll receive the medical parole.


“The Board of Parole Hearings is obviously taking it very seriously,” Patino said.


So is Hinchcliff, who doesn't find the justification of saving the state money and trouble worth risking Lemke's release.


“I'm going to tell them I don't care how much trouble it is,” Hinchcliff said.


E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow Lake County News on Twitter at http://twitter.com/LakeCoNews , on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf , on Tumblr at http://lakeconews.tumblr.com/ and on YouTube at http://www.youtube.com/user/LakeCoNews .

Two escape injury in Hopland Grade crash

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The two people riding along Highway 175/the Hopland Grade outside of Lakeport, Calif., on Monday, May 30, 2011, escaped injury when this Nissan Altima went off the road, into a ravine and overturned. Photo by John Jensen.


 





LAKE COUNTY, Calif. – Two people escaped serious injury on Monday when the vehicle they were riding in went off the Hopland Grade and down a steep embankment, landing on its top.


The California Highway Patrol reported the crash just after 3:45 p.m. Monday.


The burgundy Nissan Altima was traveling westbound on Highway 175 over the Hopland Grade when it went off the road and down a ravine, according to witnesses at the scene.


At some point the vehicle went over onto its roof, but the man and woman riding in the car didn't report injuries, behind a scratch on the man's elbow.


The CHP, Lake County Sheriff's Office and tow trucks responded to the scene.


John Jensen contributed to this report.


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The single-vehicle collision resulted in a Nissan Altima and its two occupants going down a ravine off the Hopland Grade/Highway 175 outside of Lakeport, Calif., on Monday, May 30, 2011. Photo by John Jensen.
 

Tule film festival gala planned for June 15

LAKEPORT, Calif. – The premiere gala celebrating filmmakers that have contributed to the second annual We Love Tules Four Minute Films Festival will take place on Wednesday, June 15.


The event will be held from 6:30 p.m. to 9 p.m. at the Lakeport Yacht Club, 15th Fifth St.


A social hour will begin the evening with wine and hors d'oeuvres.


Local musicians Kevin Village Stone and Lindy Danton will begin the presentations.


The sponsoring organizations – the Lakeport Main Street Association, Sierra Club Lake Group and Watershed Books – are proud to premiere this small but wonderful collection of new films that feature the amazing and unique aspects of Clear Lake.


Reservations are required and seating is limited.


Call Cheri Holden at 707-263-5787 or email This email address is being protected from spambots. You need JavaScript enabled to view it. for information and reservations.


Follow Lake County News on Twitter at http://twitter.com/LakeCoNews , on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf , on Tumblr at http://lakeconews.tumblr.com/ and on YouTube at http://www.youtube.com/user/LakeCoNews .

Thompson thwarted in attempt to amend bill to ensure ban on North Coast offshore drilling

NORTH COAST, Calif. – The North Coast's congressman is concerned that the language of a proposed bill to open up unleased coastlines to oil drilling could harm Northern California's valued ocean ecosystem.


Earlier this month Congressman Mike Thompson (D-St. Helena) tried to offer an amendment to H.R. 1231, “Reversing President Obama’s Offshore Moratorium Act,” which specifically opens the Southern California coast – estimated to contain six billion barrels of oil – the entire Atlantic coast, the Arctic Ocean and Alaska’s Bristol Bay for leasing.


A March statement, the House Natural Resources Committee – chaired by Congressman Doc Hastings (R-WA) – said the H.R. 1231 would help create jobs and generate $800 million in revenue over 10 years.


The committee statement accused President Barack Obama and his administration of moving the United States “backwards in terms of offshore energy production.”


“Failure to develop our offshore energy resources is costing American jobs, hurting our economy and denying American taxpayers revenue to help pay down the national debt,” the committee's statement said. “According to the American Energy Alliance, permanently lifting the offshore moratoria would result in 1.2 million U.S. jobs, $8 trillion in additional economic output, $2.2 trillion in total tax receipts, and $70 billion in additional wages each year.”


Despite the statements of several Republicans – including Hastings – that the bill wouldn't open up the North Coast to drilling because the region does not contain at least 2.5 billion barrels of oil or 7.5 trillion cubic feet of natural gas, Thompson nevertheless said he wanted to be sure that was the case.


“There's been efforts to open it up,” he told Lake County News.


As part of that “trust but verify” decision, Thompson said he introduced an amendment clarifying that the North Coast – Mendocino, Humboldt and Del Norte counties – may not be open for drilling under H.R. 1231.


He said Congressman Don Young of Alaska was managing the bill. Thompson staff asked to amend the bill and were told by Young that it would be allowed.


Later, the Natural Resources Committee staff refused to take the amendment, which caused Thompson to ask, “What are their real motives here?”


The Republican leadership opposed the amendment, he said, with Hastings – known for his attempts to strip back regulations on drilling across the board – reportedly asking his colleagues to oppose it, which they did.


On May 12 the bill went to the House floor.


Thompson, speaking on his amendment, urged support for it, explaining that drilling on the North Coast would be disastrous, and the legislation needed to be clear that the area wasn't included.


“The coastal area of my district is one of only four major upwelling regions in the world’s ocean,” he said.


An upwelling is where cold, nutrient-rich waters are brought from the ocean depths to the surface, he explained. Such areas promote seaweed and growth, supplying energy for some of the most productive ecosystems in the world, including many of the world’s fisheries, he said.


“North Coast ecosystems also sustain some of the largest salmon populations in the lower 49 states and provide essential habitat for Dungeness crab, rockfish, sole and urchin,” he said. “The 2006 and 2008 commercial fishery disasters that virtually eliminated salmon fishing in California were economically disastrous for my district, our states and our nation.”


The bill passed out of the House on May 12 without Thompson's amendment. Govtrack reported that the vote was 243 to 179, with nine members not voting.


In a statement released the same day, Hastings said the bill received a “bipartisan majority,” adding that H.R. 1231 “is just as much of a job creating bill as it is an energy creation bill.”


Thompson said he had concerns about the bill beyond just the possibility that it could impact the North Coast, noting that it expedites drilling leases “and ignores both science and oversight.


Following the Deepwater Horizon disaster in the Gulf of Mexico last year, Thompson said it's known what happens when oversight is stripped away. He said that incident will take decades to clean up.


Nevertheless, he said, there is a call to expedite drilling elsewhere, using what he called an “intellectually dishonest” argument that drilling will reduce rising gas prices. He said, at best, it may drop the price per gallon a few cents many years down the road.


Thompson cited a 2009 Energy Information Administration report that said opening up waters that are currently closed to drilling would only yield an extra 500,000 barrels of oil a day, which would reduce gas prices by no more than 3 cents a gallon – in 2030.


His office reported that if all the recoverable reserves of Northern California’s Outer Continental Shelf were tapped, they would provide enough oil to fuel the U.S. for only 100 days.


Thompson believes the Republican majority is setting the stage for future North Coast drilling in spite of its statements otherwise. If that took place, he said it would be “absolutely catastrophic.”


He said he's seeing regulations to protect natural resources being stripped back everywhere – not just with drilling but in water policy – with “gung ho” efforts to remove any barriers to allowing water to be sent south of the Bay Delta.


That puts everyone on the North Coast – from fish to timber to development – at risk, and would harm the Pacific Flyway, he said. There already has been a 97-percent loss of natural wetlands, which supports a $7 billion industry that includes fishing, duck hunting and bird watching.


Thompson said he's introduced separate standalone legislation which would permanently ban drilling on the North Coast.


However, with a Republican majority in place, he doubts it will be either taken up or passed.


Neither does he think that H.R. 1231 is going to make it past the U.S. Senate.


“They're not going to get their way on this,” he said.


Govtrack reported that the bill next goes to the Senate, but no action by that body has yet been taken.


E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow Lake County News on Twitter at http://twitter.com/LakeCoNews , on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf , on Tumblr at http://lakeconews.tumblr.com/ and on YouTube at http://www.youtube.com/user/LakeCoNews .

Konocti Challenge bicycle ride set for Oct. 1; early-bird discount available

LAKEPORT, Calif. – The 21st annual Konocti Challenge bicycle ride will be held Saturday, Oct. 1, featuring courses of various lengths and challenge levels around the scenic shores of Clear Lake.


New this year is the addition of a special Sunday event that features a guided Lake County Wine Adventure.


The Konocti Challenge features three challenging event courses, as well as a leisurely 20-mile Family Fun Ride for kids of all ages.


Riders can opt for the 40-mile course that winds through the resort and vineyard sections of north Lakeport; for more adventuresome riders, the event also offers a 65-mile course (100km) and an endurance-testing 100-mile course, both of which follow the north and east rim of Clear Lake and wind into the foothills of the south and west, offering breathtaking views of the lake and vineyards.


All three rides begin and end at the Lakeport Yacht Club. The 65-mile and 100-mile rides get under way between 7 a.m. and 8:30 a.m., and the 40-mile riders leave between 8 a.m. and 10 a.m.


Registration fees range from $10 to $60 depending on the course selected. Registration includes a tasty well-earned barbecue at the end of the course. The event proceeds benefit local and international Rotary programs.


Seven fully stocked rest stops are located along the course route and are decorated and staffed by local volunteers who compete for prizes by creatively decorating their stops. In addition, plenty of SAG support will be along all the routes to assist you.


More information about the event and online registration may be found at www.konoctichallenge.com or by contacting Jennifer Strong, 707-349-0815.


The $10 “Early Bird Discount” ends at midnight on Tuesday, May 31. The first 400 registered riders receive a free event shirt, water bottle, and patch.


Registrations also are accepted the Friday before the event at the Lakeport Yacht Club in Library Park, Lakeport from 3 p.m. to 7 p.m.


Follow Lake County News on Twitter at http://twitter.com/LakeCoNews , on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf , on Tumblr at http://lakeconews.tumblr.com/ and on YouTube at http://www.youtube.com/user/LakeCoNews .

Military Update: Housing shortages rise, steps eyed to improve 'BAH'

The inability of homebuilders to secure construction loans in this weak economy, combined with major force realignments from Europe and other areas, has created housing shortages for families at many large stateside military bases, the Government Accountability Office reports.


The housing squeeze, which impacts at least 19 bases, isn’t going to be relieved anytime soon and will worsen in some areas, GAO explains in a new audit report on the effectiveness of rate-setting under the Basic Allowance for Housing (BAH) program.


“Adequate and affordable” housing for military families is in short supply at three quarters of bases identified as “growth” installations because they have gained, or will gain, at least 2000 personnel under long-planned shifts in U.S. force structure.


The shortage of family housing to rent in surrounding communities exceeds 20 percent at some stateside bases. The policy of the department over the last two decades has been to rely largely on local communities to build housing for base populations. They are incentivized to do so through housing privatization and build-to-lease agreements with local bases.


But recent economic conditions “have made it difficult for developers to obtain funding for new construction projects…particularly for multifamily rental housing projects,” GAO reports.


This is particularly true around bases experiencing frequent troop deployments for wars in Iraq and Afghanistan. The constant turnover leaves many lenders uncertain about occupancy rates and income streams from proposed or new constructed projects.


GAO found significant housing “deficits” for families at four of the five bases that its own auditors visited for its report on BAH rates.


Cannon Air Force Base, N.M., projects a 20 percent family housing shortage (530 units) for its expanding base population.


The shortage will be aggravated by growth in the civilian labor force expected from major base construction projects.


Occupancy rates for rental housing in the community exceeded 99 percent in 2010 and 2011, with high demand reported “for even inadequate housing units on base” and off base rental in “less desirable areas.” Rents are higher than monthly BAH rates for many members.


Fort Drum, N.Y., reports a shortage of 1700 family housing units, and increasing numbers of soldiers are relocating there without families so they can rent smaller units or share housing with other members. More soldiers can only find affordable housing 30 to 40 miles from post.


Installation officials said housing availability will tighten even more next year when all but 1,000 of Fort Drum’s soldiers are to be home from deployment for the first time since the base saw a significant pop in its population.


At Fort Riley, Kan., the gap between supply and demand for family housing is 700 units, a shortage of four percent. Demand is expected to climb by fall 2011 when all but one of the brigades assigned there will be home from deployment. Housing officials anticipate that more and more Fort Riley families will have to go move far from post to find adequate housing.


The shortage at Fort Bliss, Texas, is 2900 family units, 15 percent of demand. GAO says “junior personnel typically obtain housing on the outskirts of El Paso and experience long commutes.” The housing supply is strained by families relocating from Mexico, GAO says, and will be strained further “as more soldiers return from deployment over the next year.”


At Camp Lejeune and Marine Corps Air Station New River, in North Carolina, the family housing shortage has reached 3500 units, or 20 percent of demand. Marines there have closed the gap largely by buying or renting mobile homes. The Department of Defense considers mobile homes “inadequate” housing and doesn’t include them in housing availability lists.


The services are using a variety of “tools” to address their housing challenges including housing privatization projects and closer collaboration between installations and communities, GAO says.


But auditors criticize the DoD for lacking a “formal communication process” to share information between installations on what’s available and working to ease shortages.


The primary focus of the GAO audit, however, was to review the BAH program for setting local allowances for members living off base in stateside areas.


GAO concludes that the $18 billion-a-year program generally is meeting its goals, and satisfaction is high among BAH recipients. But auditors recommend several ways to enhance its effectiveness.


BAH rates are set using local cost surveys of rent, utilities and rental insurance for particular types of housing deemed appropriate for each pay grade, with and without dependents.


On average, more than 75 percent of BAH covers actual rent and more than 20 percent covers utilities, with renter’s insurance accounting for the remaining costs.


But the cost elements vary widely by locale. GAO contends that BAH would be more effective if the local breakout of these costs were shared with housing officials and BAH recipients.


ctual utility costs, for example, can range from 8 to 40 percent of BAH. Lacking information on local utility expenses, GAO suggests, can leave renters in high cost areas signing leases that bring unexpected out-of-pocket costs.


Also, GAO argues, “some landlords view the overall housing allowance rate as the market rental rate and set rental rates equal to the full housing allowance rate for a specific pay grade without regard to utility expenses that would also need to be paid.”


Officials with the Defense Travel Management Office, which sets annual BAH rates, told GAO that publishing all three elements of BAH in every housing area could be distracting for members as they might try to match each element to what’s available among local rental units.


But as a compromise, DoD officials will publish, starting in 2012, BAH cost elements nationwide as a percentage range across various types of housing.


Defense officials also accepted GAO recommendations to improve housing availability by sharing of best housing practices between bases, and to expand the definition of “available” rental properties in military housing areas to improve the accuracy of data collection for setting local BAH rates.


To comment, e-mail This email address is being protected from spambots. You need JavaScript enabled to view it., write to Military Update, P.O. Box 231111, Centreville, VA, 20120-1111 or visit: www.militaryupdate.com.


Follow Lake County News on Twitter at http://twitter.com/LakeCoNews , on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf , on Tumblr at http://lakeconews.tumblr.com/ and on YouTube at http://www.youtube.com/user/LakeCoNews .




GAO - Military Housing Report May 2011

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Community

  • Lake County Wine Alliance offers sponsor update; beneficiary applications open 

  • Mendocino National Forest announces seasonal hiring for upcoming field season

Public Safety

  • Lakeport Police logs: Thursday, Jan. 15

  • Lakeport Police logs: Wednesday, Jan. 14

Education

  • Woodland Community College receives maximum eight-year reaffirmation of accreditation from ACCJC

  • SNHU announces Fall 2025 President's List

Health

  • California ranks 24th in America’s Health Rankings Annual Report from United Health Foundation

  • Healthy blood donors especially vital during active flu season

Business

  • Two Lake County Mediacom employees earn company’s top service awards

  • Redwood Credit Union launches holiday gift and porch-to-pantry food drives

Obituaries

  • Rufino ‘Ray’ Pato

  • Patty Lee Smith

Opinion & Letters

  • The benefits of music for students

  • How to ease the burden of high electric bills

Veterans

  • CalVet and CSU Long Beach team up to improve data collection related to veteran suicides

  • A ‘Big Step Forward’ for Gulf War Veterans

Recreation

  • Wet weather trail closure in effect on Upper Lake Ranger District

  • Mendocino National Forest seeking public input on OHV grant applications

  • State Parks announces 2026 Anderson Marsh nature walk schedule 

  • BLM lifts seasonal fire restrictions in central California

Religion

  • Kelseyville Presbyterian to host Ash Wednesday service and Lenten dinner Feb. 18

  • Kelseyville Presbyterian Church to hold ‘Longest Night’ service Dec. 21

Arts & Life

  • Auditions announced for original musical ‘Even In Shadow’ set for March 21 and 28

  • ‘The Rip’ action heist; ‘Steal’ grounded in a crime thriller

Government & Politics

  • Lake County Democrats issue endorsements in local races for the June California Primary

  • County negotiates money-saving power purchase agreement

Legals

  • March 3 hearing on ordinance amending code for commercial cannabis uses

  • Feb. 12 public hearing on resolution to establish standards for agricultural roads

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