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LAKEPORT, Calif. – A model and actor who was arrested twice in less than three weeks for exposing himself in cases in Monterey and Lake counties and later didn't show up for his trial won't have to register temporarily as a sex offender, a judge ruled Thursday.
Judge Richard Martin issued the ruling relating to New York resident Justin Force Lazard, 44, following an hour-long hearing in Lake County Superior Court.
Lazard had been set to go to trial last month on several charges stemming from allegedly exposing himself and masturbating near the Library Park playground during the July 4 festivities in Lakeport in 2006, as Lake County News has reported.
He was charged with three misdemeanor counts – indecent exposure, annoying or molesting a child under age 18, and engaging in lewd conduct in public.
District Attorney Don Anderson and defense attorney Paul Swanson reached a plea agreement in which Lazard would plead guilty to the lewd conduct charge – which doesn't require sex offender registration although the judge can order it – in exchange for dismissing the other charges.
Lazard had also received a plea deal for lewd conduct for exposing himself at a shopping mall in Soledad in Monterey County 19 days before the Lakeport case, according to Soledad officials.
Martin said he was concerned about the fact that the Lakeport incident occurred near the playground and in view of a juvenile. As a result, he suggested at a hearing Jan. 31 that he was considering sex offender registration for Lazard for the three-year term of his probation, which both Anderson and Swanson said they didn't believe was warranted.
In preparation for Thursday's hearing, Martin asked for points and authorities from both Swanson and Anderson by Monday. Swanson submitted his that day and Anderson submitted his Thursday.
Swanson argued that Martin and the court didn't have the authority to have Lazard register since he doesn't live, work or attend school in California. Swanson pointed to Anderson's memorandum that reached the same conclusion.
However, Martin didn't appear to accept that argument. “The court has obviously done some independent research.”
Martin concluded that the court can definitely order sex offender registration for an out-of-state resident but that it would only be activated when that person enters California.
He referred to Swanson's statement at the previous hearing about Lazard purchasing a home in 2006 in Desert Hot Springs, located in Southern California. “That could be problematic,” said Martin.
According to Penal Code 290, if Lazard were in the state for more than five days he would be required to register, Martin said, who cited cases that supported that finding, even for people considered transients.
The duty to register arises when a sex offender enters jurisdiction and leaves, said Martin. “That kind of simplified my concern about that.”
Martin then turned to whether the court had the authority to impose registration. “This appears to be one of those cases in which it is not mandatory but that the court can do it provided that the court makes certain findings.”
Those findings, also covered in Penal Code 290, had to include that a defendant had a sexual compulsion or urge as a cause for committing the crime.
Mandatory registration offenses carry a lifetime registration, but Martin found the court can alter that requirement. “It's this court's impression that it only makes logical sense if I have the discretion of whether to grant it all then I must have the discretion to determine the length of it.”
He cited cases where registrants have asked to have registration lifted before the end of their life, and case law indicated a court could make that decision.
“For all of those reasons the court finds that I do have the power and jurisdiction to terminate this particular registration earlier than a lifetime registration,” which would allow Martin to both impose temporary registration and then later to lift it.
However, he noted, if the registration was to be implemented it would have to be lifted before probation expired, because Martin didn't think he would have jurisdiction beyond the probation term.
When Martin asked Anderson for his response, Anderson said he agreed with Martin's statements.
Martin pointed out that no plea had been entered, as it was left open in case he decided to impose registration and Lazard wanted to withdraw his plea. He wanted it made clear that Lazard wasn't obligated to go forward with the deal. “If he doesn’t want to he's still entitled to a jury trial.”
Doctor says Lazard is responding to therapy, medication
The main purpose of the hearing was for Martin to hear from Lazard's psychiatrist, Dr. Sunil Saxena, who had flown in from New York to give testimony on his patient's progress. Martin wanted to know if Lazard's case was an outgrowth of a momentary indiscretion or a long-term issue.
Saxena – who completed residencies in general and child psychiatry, the former at Harvard Medical School – and who also was on the faculty at Columbia Medical Center, began consulting with Lazard in June of 2007. Since then he estimated meeting with Lazard between 30 and 35 times.
Explaining the incidents in 2006, Saxena suggested that Lazard suffered from “a severe psychotic breakdown” that continued for some time forward.
When he started working with Lazard in 2007, “He was quite sick, even then,” said Saxena.
Lazard was sent to a psychiatric hospital in Boston, where he stayed for four months – which Saxena noted was a longer-than-normal period of time for such a treatment – before being sent to a transitional center. He said Lazard had been hospitalized at St. Helena Hospital in Napa County briefly in 2006 following the Lakeport arrest.
Saxena said he believed Lazard's mental breakdown was a result of untreated mental illness and substance abuse.
Since then, Lazard has had numerous changes in his life, including marriage and the birth of his daughter, which Saxena said has created structure in Lazard's life.
While Lazard's nearly 2-year-old daughter has heart-related problems, Lazard – who has been involved in her care – has not had a relapse, despite the stress of having a sick child. “I think he has done very well compared to what he was doing before.”
Swanson asked Saxena about a letter he submitted about Lazard, written in December of 2008, that said Lazard remained at risk of becoming psychotic if substance abuse continued.
At that time, Saxena explained, Lazard had had two to three minor relapses due to cocaine use during the previous six months. But since then, Saxena said, there had been no other relapses. “That worry has eased.”
Swanson also asked about if Lazard had sexual proclivities toward children. Saxena said he had found no evidence of that.
When a psychotic breakdown occurs, using substances can cause a person to act our further and do inappropriate things like taking off their clothes, said Saxena. He suggested that was what happened in the case of Lazard, who had never shown inappropriate sexual behavior toward children or anyone else.
Saxena said that he felt that was how much he could find out from 40-minute sessions with Lazard.
During Anderson's questioning, Saxena said Lazard could not recall the incident in Lakeport, then added that Lazard denied that he masturbated in public.
Anderson also asked if Lazard was suffering from a breakdown or was a sexual deviant. Saxena said it was a breakdown and added that treatment has worked well in his case.
When asked why the breakdown manifested in sexually deviant behavior like exposing himself, Saxena said, “There are other ways he has done wrong things,” including spending money.
“He's quite impulsive,” said Saxena, noting, “I'm not sure where this sexual thing comes up.”
Anderson next asked if Lazard started using illegal substances again, what was the likelihood he would reoffend or hurt someone in a sexual nature.
“I don't know,” said Saxena, explaining there had been no relapses since 2008. “I don't think anybody can clinically predict what the human behavior would be if you take substances.”
During questioning Saxena stated that he felt it was “hard to believe” what Lazard had done.
Anderson noted that the probation report recommended continuing therapy. Saxena said Lazard “absolutely” needs to continue medication and therapy, and said he would be willing to send quarterly reports to the District Attorney's Office about Lazard's progress.
In his closing argument, Swanson emphasized the changes in Lazard's life and Saxena's testimony about Lazard having no sexual proclivity toward children.
Anderson told the court he made the offer based on several reasons, including his belief that Lazard suffered a mental breakdown.
He said Lazard could be required to register as a sex offender, but that wouldn't give his office the control over Lazard's case that the quarterly reports do. “We have something to hold him by,” and if he doesn't cooperate it would result in a violation of probation and a return for sentencing.
“I think we have much more control under the agreement that I have offered to the defense and has been accepted,” said Anderson.
Martin asked Swanson if Lazard was willing to waive patient confidentiality to release those quarterly reports to the District Attorney's Office. Swanson said yes.
The judge said he felt Saxena's testimony had addressed his concerns. “The court in this case was prepared to give an order that he register and that order be extinguished sometime near the term of his probation if there were no further problems,” but Martin said he didn't believe he could make the necessary legal findings about sexual compulsion based on the evidence.
Martin believed Anderson made a good point, that the quarterly reports offer a certain measure of control in the case and would provide “an early warning system” if there was a problem, at which point it would be up to the District Attorney's Office to file a violation of probation case.
“The public safety will be protected,” Martin said.
Martin said when he first looked at the case, with the activity taking place near a playground, “Alarm bells started going off in my head,” he said, adding, “It's my job to make sure those things don't continue to happen.”
He called Lazard forward. Lazard, wearing khaki pants and a plaid shirt, began to weep as Martin went over the plea form, saying, “Thank you, thank you,” as Swanson patted him on the back.
Lazard entered the plea to lewd conduct in public, with the other charges dismissed. Martin imposed three years' probation, with rules requiring continued mental health counseling and medications, quarterly reports from Lazard's doctor and a $7,500 payment to Lake Family Resource Center, which already has been made.
He also received 30 days in county jail with credit for 30 days previously served and 100 hours of community service, which will be transferred to New York. Lazard was ordered to sign up for the community service by March 29.
“I heard you just thank me for what I did. My job is to be fair to all sides,” Martin said.
He added, “The ball's in your court now. You know what you need to do. If you come back it's your fault.”
E-mail Elizabeth Larson at
CARMICHAEL, Calif. – A systematic check of how well California’s tax-supported education institutions respond to requests for public information shows community colleges performing better than other government agencies in recent years.
But a surprising minority of such districts fared poorly when asked about executive compensation, spending and potential conflicts of interest, and a few examples surfaced of what appeared to be questionable travel expenditures in an era of severe funding cutbacks.
The disclosures emerge in the first phase release of a California Public Records Act compliance audit conducted by Californians Aware (CalAware) in December, testing the responses of more than 250 agencies statewide, including nearly 200 of local school districts, all campuses of the California State University and the University of California, and half of the state’s 72 community college districts.
Mendocino College and Yuba College were not audited as part of the study. However, several other community college districts in Northern California that are commonly attended by Lake County students were examined.
They included the Sonoma County Community College District – which covers Santa Rosa Junior College – received a “B” grade, losing points for charging a duplication fee of 10 cents per pages for Conflict of Interest Form 700 and requesting to know the identity or the purpose of the auditor, or other information that is not required to be submitted.
Redwoods Community College District based in Eureka received an “A+” for perfect performance, as did Butte-Glenn Community College District, based in Oroville, and Alameda County's Chabot-Las Positas Community College District.
San Mateo County Community College District received an “A” and Contra Costa Community College District received a “B” grade, as did Los Rios Community College District in Sacramento and the San Francisco Community College District.
Receiving an “F” grade were San Jose-Evergreen Community College and Shasta-Tehama-Trinity Joint Community College Districts, based in Redding.
Detailed results for the 36 districts audited in the community college district (CCD) phase of the audit are available at www.calaware.org.
Overall, community college districts’ performance, with an average grade of B minus, was superior to that of any other class of agencies audited by CalAware since it began such surveys in 2006, the group reported.
More than a third of the 36 responded promptly and flawlessly, and another quarter scored only one 10-point deduction.
But one sixth failed dismally, with three districts acknowledging receipt of the request but never following up, and three others failing to produce the requested records within the 30-day deadline established by CalAware – more forgiving than the state law requirement of “prompt” availability – for records that should have been readily available, requiring no careful screening.
Quite apart from compliance with public records laws, the audits showed why closer and more consistent monitoring of even relatively routine executive expenditures may be in order if nothing else for the sake of student and faculty morale and public confidence.
In the cases of San Diego CCD, Long Beach CCD and Los Rios CCD, for example, the reported travel expenses raise the questions of whether a trip was necessary, or even if so, whether more timely or less costly travel or lodging reservations – or both – might have been arranged.
Results for the higher education and K-12 district audits will be published in upcoming weeks.
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NICE, Calif. – A family was temporarily displaced from its home after an early morning fire on Wednesday.
The blaze was reported shortly before 6 a.m. at Robinson Rancheria in Nice, according to Northshore Fire Battalion Chief Pat Brown.
A passing Cal Fire captain spotted the fire and called it in, Brown said.
Radio reports indicated the fire occurred in a home at 2004 Flickers Circle.
Brown said the fire began on the building's exterior, and is attributed to cigarettes on the front porch.
He said the fire moved into the attic area and began moving quickly through the home.
Four Northshore Fire engines, one medic and two battalion chiefs responded, for a total of 16 firefighting personnel, Brown reported. Also on scene was Robinson Rancheria Tribal Police.
Brown said it took about 15 minutes to knock the fire down, another 30 minutes to get it completely put out and 30 additional minutes of mop up.
One of the home's occupants, who had tried to put the fire out, sustained second-degree burns on his hands. Brown said the man was transported by Northshore Fire to Sutter Lakeside Hospital for treatment.
The Red Cross provided temporary housing assistance for the six adults and two children who were unable to stay in the home, Brown said.
The home “needs works,” as Brown said the first crews on the scene did an aggressive attack on the fire, which included cutting two vent holes in the attic.
Despite that damage, Brown estimated that the family could return to the home as early as Thursday once repairs are made.
E-mail Elizabeth Larson at
SAN FRANCISCO – Lake County Winery Association (LCWA) members are celebrating victories garnered at this year’s San Francisco Chronicle Wine Competition, with several Lake County wines taking top medals at the prestigious event.
The annual San Francisco Chronicle Wine Competition is touted as the “largest competition of American wines in the world.”
The 2011 results were announced earlier this month following five days of tasting and evaluating more than 5,000 entries, a world record number, according to the event’s Web site.
“It is ultra-cool that Lake County wines and wineries stood out among the 5,000 entries,” said Monica Rosenthal, executive director of the Lake County Winery Association. “Our members’ wines are helping to distinguish Lake County as a premier winegrape producing region. It is especially nice to be recognized by the San Francisco competition’s professional judges who acknowledged our region’s excellent grapes and wine by awarding several top honors.”
Heading the list, Shannon Ridge Vineyards & Winery received a Best of Class on its single vineyard 2007 Cabernet Sauvignon and double gold on its 2008 Ranch Collection Cabernet Sauvignon. Double gold indicated unanimous gold choice by the judges.
“As we go head-to-head with top producers from other well-known wine regions in competitions such as this, Shannon Ridge’s Lake County wines are taking awards in the same varietal categories. Everyone involved in Shannon Ridge’s wine production is thrilled to have captured one of the highest awards in the competition,” said the winery's sales manager, Joey Luiz.
The victories are also a credit to the farming style at Shannon Ridge. “Our earth friendly, all-sustainable practices are producing some amazing award-winning wines.”
Shannon Ridge was awarded silver medals for its 2009 Sauvignon Blanc and its 2009 Viognier and a bronze for its 2009 Roussane.
Also garnering high honors, Gregory Graham Wines earned a double gold medal for Graham’s Red Hills 2007 Syrah.
“People are paying attention to Lake County,” said winemaker Greg Graham, who added that he is pleased with the competition results.
“Prior to purchasing vineyards in Lake County, I made a lot of wine from Napa and Carneros fruit,” said Graham. “Since setting out to produce Lake County wines about nine years ago, I've been highly impressed with the quality of the fruit and not surprised with the award-winning results. If I can borrow a comment made by James Laube, the wines of Lake County ‘are damn good.'”
A gold medal was awarded for Graham’s Red Hills 2008 Cinder Cone Reserve, and his Red Hills 2009 Rose received a silver medal. The Gregory Graham Carneros Chardonnay was also awarded a gold medal.
Association wineries taking gold medals at the competition include Brassfield Estate (2009 Pinot Grigio), Ceago Vinegarden (2009 Clear Lake Muscat Canelli), Langtry Estate and Vineyards (2008 Petite Sirah), Shed Horn Cellars (2009 Sauvignon Blanc and 2009 Chardonnay), Six Sigma Ranch and Winery (2009 Sauvignon Blancs – one with a general Lake County designation and the other from Michael's Vineyard), and Tulip Hill Winery (2008 Reserve Cabernet Sauvignon).
In addition the LCWA wineries winning golds also earned additional medals (silver and bronze) for wines in various categories.
Other Association wineries receiving medals at the competition included Bell Hill, Dusinberre Wines, Red Lava Vineyards, Rosa d’Oro Vineyards, Robledo Family Winery, and Wildhurst Vineyards.
For more information about the Lake County Winery Association, visit the association’s Web site, www.lakecountywineries.org or contact Monica Rosenthal at
Lake County's own wine competition, now in its third year, is in the planning stages, said Rosenthal.
“Watch for the 2011 springtime ‘call to action’ to enter wines in this competition located in California's high elevation wine region. This competition is open to all producers of wines made from Lake County fruit.”
For more information, call Rosenthal at 707-355-2762.
Winning entries in each category of the San Francisco Chronicle competition can be found on the Web site, www.winejudging.com. In addition, tickets for the public tasting portion of the event may be purchased online.
The public’s opportunity to taste entries from the competition is scheduled for Saturday, Feb. 19, from 2 p.m. to 5 p.m. at the Fort Mason Center in San Francisco.
Tickets are $65 per person in advance and $80 per person at the door.
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 and on YouTube at http://www.youtube.com/user/LakeCoNews .
MIDDLETOWN, Calif. – A resident's quick thinking helped stop a fire from destroying their home earlier this week.
The fire was reported in the 16000 block of Mountain View Drive shortly before 8 p.m. on Monday evening.
South Lake County Fire Protection District Battalion Chief Scott Upton said the fire started when the resident was cooking with oil.
The oil caught fire and Upton said the individual did the right thing and put baking soda on it, but the fire still drafted up through the vent over the stove and onto the roof.
By the time firefighters arrived the fire had been extinguished. Upton said it had come close to being a full-fledged structure fire.
Two engines, one water tender and a battalion chief responded and spent an hour working at the scene, Upton said.
There were no injuries and Upton said damage to the home was minor.
E-mail Elizabeth Larson at
CLEARLAKE, Calif. – A man accused of murdering an Augusta couple last year will stand trial for the murders in May.
Robby Alan Beasley, 30, a Maine native who most recently lived in Clearlake, Calif., appeared in Lake County Superior Court's Clearlake Division before Judge Stephen Hedstrom for arraignment Tuesday morning.
Following a preliminary hearing in January that stretched over several days, Beasley was held over for trial for the shooting deaths of Frank and Yvette Maddox – who had come to California from Maine to work in Beasley's marijuana growing operation – on Jan. 22, 2010.
He's charged with two counts of murder and special allegations of committing multiple murders in the first or second degree, committing the offenses with the intent to inflict great bodily injury on the victims, using a 9 millimeter firearm and having a previous felony conviction in Maine for criminal threatening with a firearm.
Beasley's defense attorney, Stephen Carter, said Beasley entered not guilty pleas to the charges at his Tuesday morning appearance.
Carter said the trial has been set for May 16, with the judge and department still to be determined.
Beasley will have another court appearance on April 26 followed by trial readiness conferences, Carter said.
Deputy District Attorney Sharon Lerman-Hubert appeared on the case Tuesday as prosecutor Art Grothe is in trial on the attempted murder case in which a Sonoma County man, Thomas Dudney, is alleged to have attacked Lakeport resident Ronald Greiner in late 2009. That trial, which began Tuesday, is expected to last a month.
During a break from trial on Tuesday Grothe said he doesn't yet have District Attorney Don Anderson's final determination on whether or not the case will be handled as a death penalty prosecution.
Also implicated in the case is 28-year-old Elijah Bae McKay, a friend of Beasley's who also is a former Maine resident.
McKay is facing all of the same charges as Beasley with the exception of the special allegation of a previous felony conviction in Maine.
During Beasley's January preliminary hearing McKay took the stand as a prosecution witness, although he said he had not been offered a deal to testify.
On the stand McKay alleged that Beasley had concocted a story to lure the Maddoxes into a drive to the Sacramento airport and instead directing them down a remote road, shooting them to death following a confrontation on the roadside.
McKay claimed that Beasley killed the couple, in part, because he believed they had stolen marijuana from him.
McKay's preliminary hearing is yet to take place, but he is set to return to court in April. Beasley's case is moving through the system more quickly because he has not waived the statutory time restrictions.
E-mail Elizabeth Larson at