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LAKEPORT, Calif. – The District Attorney's Office has reached a plea agreement with an actor and model who allegedly exposed himself in public during Lakeport's annual July 4 celebration in 2006 and later was arrested again after not appearing for trial.
District Attorney Don Anderson and defense attorney Paul Swanson appeared before Judge Richard Martin on Friday morning to discuss the agreement on behalf of 44-year-old New York resident Justin Force Lazard, who was not in court for the matter.
Lazard was arrested on July 4, 2006, after several Lakeport Police officers witnessed him exposing his genitals and masturbating near the children's playground in Library Park, as Lake County News has reported.
Later that month he was charged with three misdemeanor counts – indecent exposure, annoying or molesting a child under age 18, and engaging in lewd conduct in public.
Acting Lakeport Police Chief Brad Rasmussen, the arresting officer in the case, said he and fellow officers witnessed Lazard's alleged activities, which were done in view of several witnesses, including a juvenile.
In the process of taking Lazard into custody, Lakeport Police used a Taser on him because he was resisting arrest, Rasmussen said.
Rasmussen said the District Attorney's Office did a followup investigation in the case, which resulted in the addition of the charge of annoying or molesting a child under age 18.
Lazard – who, in an unusual development, made a gift of playground equipment to Library Park in 2008 – was scheduled to appear for trial in May 2009, but didn't show up, resulting in a bench warrant being issued for his arrest.
Last March, Lazard was arrested by US Customs officials as he was entering the country after a trip to the Caribbean, as Lake County News has reported.
Anderson told Judge Martin Friday that Lazard would be pleading guilty to lewd or dissolute conduct in public, which does not automatically require registration as a sex offender, although the judge can use his discretion to impose it.
Based on a review of the penal code, if Lazard had been convicted of the indecent exposure charge, he would be required to register as a sex offender. The deal will dismiss that charge, along with the allegation of annoying or molesting a child.
Lazard is on the court's calendar for trial on Monday, Jan. 31. Martin wanted to leave that date on for the formal entry of the plea. Swanson asked for a week's delay, but Martin didn't want to put it off.
“I'll tell you what my concerns are,” said Martin, who pointed out that the case goes back to 2006 and that he believed the nature of the conduct required it should have been dealt with much earlier.
Martin also said there have been numerous scheduled court appearances where Lazard didn't show up. “I want to assure he's going to come.”
Swanson said he was willing to personally go back to Miami and accompany Lazard back to Lake County but wanted the extra week.
“What's going on in Miami that he can't be here?” asked Martin.
Swanson said that Lazard's young daughter is undergoing medical treatment there for a congenital heart defect.
Said Anderson, “We don't mind putting it off for a short time but we actually would like to have Mr. Lazard here because there are some issues with mental health.”
Martin told Swanson that Lazard needed to appear. “The concern I had was the child,” said Swanson.
Anderson told the court that as part of the agreement for Lazard's plea to engaging in lewd conduct in public, Lazard would receive three years' probation, 30 days in county jail with 30 days credit for time served, 100 hours community service which may be performed in New York where he lives, and psychiatric counseling for the length of the three-year probation period, during which regular updates on Lazard's progress are to be submitted.
Anderson said Lazard also has agreed to give $7,500 to the Lake Family Resource Center for the benefit of women and children.
Martin said one reason why he was weighing sex offender registration for Lazard was because the alleged offenses occurred in front of the Library Park playground area.
“This plea bargain does not include that,” said Swanson, who noted he wouldn't agree to that requirement.
“Well, we can confirm the trial if you wish,” said Martin.
Anderson told the court, “I don't think this amounts to a registrable sex offense,” arguing that Lazard had a mental breakdown, which Anderson said was the root cause of the issue.
He said Lazard was masturbating in public when three police officers surrounded him. Anderson said the District Attorney's Office has received letters from psychologists saying it was an unusual situation, and Lazard now seems to be performing well.
Martin asked if Lazard had prior violations. Anderson said there was a prior arrest in Monterey County about three weeks before the Lakeport arrest.
“He was not aware of what he was doing at that time,” said Anderson, noting that as far as his office knew Lazard had not reoffended, and that he was now married and had a 2-year-old daughter.
Swanson said Lazard's psychologist does not believe the issues will reoccur, and said Lazard has no proclivities for inappropriate behavior towards children.
Martin agreed not to impose a sex offender registration requirement due to Lazard's psychological breakdown. Having been the judge during Lazard's initial court appearances, Martin said Lazard's alleged actions near the playground was a particular concern for him.
Swanson said he had discussed the deal in its entirety with Lazard, and he was agreeable to the terms.
Lazard was ordered to be present for the Jan. 31 entry of plea.
DA explains reason not to take case to trial
Court documents show that Lazard was arrested in Wickenburg, Ariz., in March 2006 for first degree criminal trespass after being told to leave The Meadows treatment center, which the Wickenburg Police Department confirmed to Lake County News.
The previous arrest Anderson referred to in court occurred in Soledad, Calif., on June 15, 2006, according to Lt. Jaime Fernandez of the Soledad Police Department.
Fernandez said police received a report of a shirtless male subject standing in the drive-through of a store at a shopping center, exposing himself.
When officers arrived they found Lazard exposing his genitals. The officers told Lazard to stop and he replied that God wanted him to do it, Fernandez said.
Lazard was arrested for indecent exposure, according to Fernandez, who said Lazard later received three years of supervised probation, one year of therapy, an order not to be around children under age 18 and a $1,000 fine. That disposition also included a reduction from indecent exposure – which requires sex offender registration under Penal Code section 290 – to lewd conduct in public.
Anderson said later Friday that there had been offers back and forth between the District Attorney's Office and Swanson previously to settle the case. “The only issue was whether or not he would be a registered sex offender,” he said of Lazard.
He said he reviewed the case and during a district attorney's training this week in Costa Mesa he went over the case with some other district attorneys. “They came to the same conclusion that I did, that this should not be a registered sex offense,” Anderson said, adding the alleged offense did not include touching a child.
Anderson said Lazard has serious psychological problems that appear to be under control thanks to medication and counseling, both of which must continue, with his psychiatrist required to submit reports every three months.
“I just came to the opinion that based on all these circumstances that he didn't deserve to have to register for the rest of his life,” Anderson said.
The case previously was handled by Deputy District Attorney Ed Borg, who handles sex offense-based prosecutions and was in court looking on during the Friday morning proceedings.
While Borg could have continued on the case, “Because of the deal I preferred to do it myself,” Anderson said.
Anderson's appearance in the misdemeanor case had raised some questions about the potential for an ethical conflict and his reasons for getting involved in settling the case following discussions with Swanson, who was his second largest campaign contributor in last year's election, according to finance reports submitted through October.
Swanson donated $1,375 of the more than $23,000 Anderson raised, which Anderson said “was no small amount but it wasn't a large amount either.”
He said he has a lot of respect for Swanson but not because of the campaign.
Lazard is due to return to court on Monday morning. If he decides, as he's done in some past instances, not to appear, Anderson said a bench warrant will be issued for him.
Asked if he will retract the plea agreement if Lazard doesn't appear, Anderson said, “That I don't know,” noting he will wait to see what happens.
E-mail Elizabeth Larson at
NORTHERN CALIFORNIA – Despite a dry January, the state's second snow survey of the 2010-11 season shows a snowpack with above-average water content, based on manual and electronic readings.
The California Department of Water Resources said Friday that, statewide, real-time sensors show that snowpack water content is 78 percent of the April 1 seasonal average, compared to an average reading of 55 percent for Friday's date.
The agency said the above-average readings are due to heavy storms in October, November and December. January so far has recorded only about 13 percent of average precipitation for the month.
“We are still optimistic for a good water supply, but realize that we can come up short any given year,” said DWR Director Mark Cowin. “Our unpredictable weather and delivery restrictions make it clear that conservation must always be one of our top priorities.”
DWR estimates it will be able to deliver 60 percent of requested State Water Project (SWP) water this year. The estimate will be adjusted as hydrologic and regulatory conditions continue to develop.
In 2010, the SWP delivered 50 percent of a requested 4,172,126 acre-feet, up from a record-low initial projection of 5 percent due to lingering effects of the 2007-2009 drought. Deliveries were 60 percent of requests in 2007, 35 percent in 2008, and 40 percent in 2009.
The last 100 percent allocation – difficult to achieve even in wet years due to pumping restrictions to protect threatened and endangered fish – was in 2006.
The SWP delivers water to more than 25 million Californians and nearly a million acres of irrigated farmland.
The mountain snowpack provides approximately one-third of the water for California’s households, industry and farms as it slowly melts into streams and reservoirs.
Manual surveys are conducted up and down the state’s mountain ranges on or about the first of January, February, March, April and May.
The manual surveys supplement and provide accuracy checks to real-time electronic readings as the snowpack builds, then melts in early spring and summer.
April 1 is when snowpack water content normally is at its peak before the spring runoff.
Electronic readings indicate that water content in the northern mountains is 108 percent of normal for the date and 65 percent of the April 1seasonal average.
Readings for the central Sierra are 126 percent of normal for the date 75 percent of the April 1 average. The numbers for the southern Sierra are176 and 97.
On Dec. 28, the date of this winter’s first manual survey, percentages of the snowpack’s normal April 1 water content were 57 percent for the northern Sierra, 61 percent for the central Sierra, and 78 percent in the south.
On this date last year, snowpack water content readings were 80 percent of the April 1 average in the north, 60 percent in the central ranges, 67 percent in the south and 68 percent statewide.
California’s reservoirs are fed both by rain and snowpack runoff.
Most of the state’s major reservoirs are above normal storage levels for the date.
Lake Oroville in Butte County, the State Water Project’s principal reservoir, is 102 percent of average for the date, at 68 percent of capacity. Remaining winter weather will determine whether it fills to its 3.5 million acre-foot capacity.
Lake Shasta north of Redding, the federal Central Valley Project’s largest reservoir with a capacity of 4.5 million acre-feet, is at 112 percent of average, or 76 percent of capacity.
Statewide snowpack readings are available on the Internet at http://cdec.water.ca.gov/cgi-progs/snow/DLYSWEQ .
Historic readings from snowpack sensors are posted at http://cdec.water.ca.gov/cgi-progs/rpts1/DLYSWEQElectronic and reservoir level readings may be found at
http://cdec.water.ca.gov/cdecapp/resapp/getResGraphsMain.action .
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SACRAMENTO – In another move to attack the state's budget shortfalls, California's governor on Friday announced cutbacks to the state vehicle fleet.
Gov. Jerry Brown, in an effort to cut the state’s passenger vehicle fleet in half, directed all state agencies and departments to immediately halt new car purchases and turn in taxpayer-funded cars that are not essential to state business.
“There is a lot of wasteful spending on cars that aren’t even driven,” Brown said. “And we can’t afford to spend taxpayer money on new cars while California faces such a massive deficit.”
Brown said his goal is to halve the number of the state’s passenger cars, trucks and home storage permits – which allow state employees to use passenger cars for their daily commute.
“Fifty percent is a starting point. If we find more waste, we’ll make more cuts,” Brown added.
A potential savings amount wasn't indicated Friday.
Brown will also move underutilized vehicles to new locations, so that the fleet is more efficient overall. Cars that are not needed will be sold.
The Department of General Services estimates that there are approximately 11,000 passenger cars and trucks in the state fleet, and approximately 4,500 home storage permits, that don’t serve a health or public safety function. Brown’s goal is to cut these totals in half.
Brown’s order directs every agency secretary and department director to immediately review their organization’s home storage permits and withdraw those that are not essential or cost-effective.
He explained that some employees may need a car around-the-clock because their jobs are public health and safety focused, or it is more cost-effective for the state for certain employees to have a car than not. The review will take this into account.
Brown’s order instructs agencies and departments to analyze the purpose, necessity and cost-effectiveness of every fleet vehicle, and submit a plan for cutting unneeded vehicles. Non-essential vehicles must be sold or transferred within 120 days of the plan’s approval.
The order additionally prohibits agencies and departments from buying new vehicles for non-emergency use.
Earlier this month, Brown issued an executive order directing state agency and department heads to collect and turn in 48,000 government-paid cell phones.
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Just days after President Barack Obama gave his State of the Union speech, on Thursday the president of the National Congress of American Indians gave the “State of Indian Nations” address, calling for additional investment and opportunity in Indian County as a way to help the United States as a whole.
Jefferson Keel, president of the National Congress of American Indians and lieutenant governor of the Chickasaw Nation of Oklahoma, gave the 20-minute address Thursday morning at the Newseum in Washington, DC.
It was broadcast online and can be found in its entirety at www.ncai.org/ .
Sen. Lisa Murkowski (R-Alaska) delivered a congressional response after Keel's speech.
Keel said that the state of Indian nations “is strong and driven by new momentum.”
He said previous eras were defined by what the federal government chose to do – from Indian removals to reservations, to reorganization and termination, to allotment, to the more recent “self-determination” era.
“This new era is defined by what we, as Indian nations, choose to do for ourselves,” he said, noting that Indian nations are poised to be full partners in the American economy.
Keel defined the new era ahead as one of recognition and responsibilities met or promises kept.
But no matter what it's called, Keel said it brings the nation closer to what the US Constitution called “a more perfect union.”
He issued an invitation to tribal leaders, Indian people, members of Congress and the Obama administration, and people across the country to join in building a new era.
“We've worked hard to reach this point,” but Keel said that alone isn't enough to reach the promise, as he said Indian people around the nation still face barriers to economic success.
He said the state of the U.S. economy “has played a significant role” in opening up the new opportunities.
“These difficult times have made self-reliance into a necessity,” said Keel.
He said Indian nations offer a great untapped source of economic opportunity for all Americans. “This is a moment when doing the right thing is also the smart thing to do.”
Keel said America's founders recognized tribes' inherent sovereignty – the same as foreign nations – a concept included in the US Constitution.
Among the successes for Indian peoples in 2010, Keel recounted federal legislation such as the Tribal Law and Order Act – which gives tribes additional resources to fight crime – and the Indian Health Care Improvement Act, which reauthorized permanently the legal authority for providing American Indians and Alaska Natives with health care. Keel called both bills “monumental.”
Other 2010 legislative milestones cited by Keel included the Cobell case, involving a $3.4 billion settlement for mismanagement of Indian lands, and the Keepseagle lawsuit, which alleged discrimination against the US Department of Agriculture. The case was settled for $680 million.
Keel said native peoples also welcomed the United Nations' Declaration on the Rights of Indigenous Peoples, which fundamentally affirms their human rights.
He said the resilience of spirit of native peoples have carried them to today. “Our cultures are resolute and diverse, we see every challenge as an opportunity.”
Citing the higher-than-average unemployment native peoples have faced for decades – sometimes as high as four to five times the national average – Keel emphasized economic opportunities such as energy development as an important goal. He said only a handful of tribes have been able to successfully utilize their resources.
Keel welcomed Energy Secretary Steven Chu's announcement earlier this month of $10 million for energy efficiency and renewables projects in Indian Country.
That's a positive step, but Keel said Indian Country is still impeded by barriers to economic development – including bureaucracy and lack of financing.
A goal for the future is to improve electronic communication for tribal communities. Keel said that while 60 percent of most communities across the nation have broadband access, that's true of only 10 percent of tribal communities.
He highlighted the efforts of the Confederated Tribes of the Warm Springs Indian Reservation in Central Oregon, which is connecting communities, schools and government through a multimillion dollar broadband infrastructure expansion project.
Keel said there has never been sufficient private or government financing available for projects in Indian Country, which is seeking investment in after school and job training programs.
As well, he said many Indian schools lack the curriculum and proper tools to help them compete for scholarships. “Our children have been waiting for generations and today is always a good day to start.”
Keel criticized a web of “stifling” Bureau of Indian Affairs policies, such as current trust policy, which he said is neither effective or appropriate. He thanked Interior Secretary Ken Salazar for his efforts to make changes to trust policies, but added, “the work is not done.”
During his talk, Keel noted that native peoples are proudly serving in the US Armed Forces. A veteran himself, Keel acknowledged the 24,000 American Indians and Alaskan natives serving in the military today, and remembered the 77 natives who have died since 2001 in Iraq and Afghanistan, with another 400 wounded.
He said the bond between American and Indian nations “is not in doubt.”
The decisions before the country's leadership today, Keel said, will be felt in tribal life for seven generations and beyond.
He called on federal partners to clear the way for entrepreneurship, which would allow Indian Country to contribute more to the economy and assist with recovery, while developing energy and infrastructure, and building up native communities.
“The state of Indian nations is strong,” Keel said.
He then introduced Murkowski, an important friend and ally who Keel said played a key role in many important pieces of legislation.
Murkowski, who has served on the US Senate Committee on Indian Affairs throughout her eight years in the US Senate, said many of the legislative victories Keel spoke of were many years in the making.
Even in Washington's partisan atmosphere, “I think it is fair to characterize the Senate Committee on Indian Affairs as one of the most productive committees in the Senate,” said Murkowski.
The secret is, “we work together,” said Murkowski. “We work across those party lines all of the time to benefit native people.”
Murkowski said there is still much to do.
Deaths among American Indians from diabetes and vehicle crashes are much higher than the national average. In addition, a native person is twice as likely as any other American to be the victim of aggravated assault, Murkowski said.
Native peoples also lag behind the rest of the nation in employment and income. She said 15 percent of natives live in homes without electricity, with 12 percent lacking plumbing and one-third without any telephone service.
“We have so much work to do and we'll work hard to get it done,” she said.
At the same time, she acknowledged, “We will be undertaking this work in a period of great financial stress for our nation.”
She said Indian programs remain among the most underfunded, and competition for the government's shrinking funding will be fierce.
Murkowski urged American Indian leaders to remind legislators of the “uniquely federal responsibility” that the U.S. Government has for tribes. She cited the US Constitution's Indian commerce, treaty and property clauses as evidence.
Her priorities for the 112th Congress include addressing the high rate of suicide amongst natives – particularly youth – and development of energy resources.
Murkowski called the National Congress of American Indians “a powerful voice on Capitol Hill.”
E-mail Elizabeth Larson at
LAKE COUNTY, Calif. – There is still time to nominate a favorite person, group or organization for recognition in the Stars of Lake County Awards program.
Nominations close at 5 p.m. Friday, Jan. 28.
For those nominations that are mailed, they must be postmarked by Jan. 28.
Lake County Chamber Chief Executive Officer Melissa Fulton said that, as happens every years, when the list of Stars nominees appear in the media it reminds people to enter their nominations.
“Since last week’s publication of names, there has been a daily flow of nominations received,” said Fulton.
She said the program offers the chance to honor those who make Lake County a great place to live, work and play.
For more information about the program, call the Lake County Chamber, 707-263-5092.
The most recent list of this year's nominees follows.
Marla Ruzicka Humanitarian of the Year
1. Carolyn Wing Greenlee, Kelseyville
2. Ben Finneston, Clearlake
Senior of the Year
1. Edward McDonald, Lakeport
2. Ginger Frank, Clearlake Oaks
3. J.J. Jackson, Lakeport
Volunteer of the Year
1. Gerald Morehouse, Lucerne
2. Bill Knoll, Lakeport
3. Dawn Smith, Lakeport
4. Lorrie Gray, Kelseyville
5. Gregory Scott, Lakeport
6. Bill Stone, Clearlake
Student of the Year-Female
1. Veronica Wilder, Lower Lake
2. Alexis Marie Valdovinos, Middletown
Student of the Year-Male
1. John-Wesley Davis, Middletown
2. Tiancheng “Harry” Zhang, Lower Lake
Youth Advocate of the Year-Volunteer
1. Donna Nelson, Kelseyville
2. Daniel “Boone” Bridges, Kelseyville
3. Marie Henry, Upper Lake
4. Dennis & Ruth Darling, Lakeport
Youth Advocate of the Year-Professional
1. Michelle Meese, Kelseyville
2. Connor Snyder, Kelseyville
Agriculture Award
1. Scully Packing Company, Finley
2. CA Women for Ag-Lake County Chapter AgVenture Program, Lake County
Organization of the Year-Nonprofit (nonprofit has paid staff)
1. Lakeport Speedway, Lakeport
2. AmeriCorps of Lake County, Lakeport
3. Rock of Faith Cogic Community, Kelseyville
Organization of the Year-Volunteer (all volunteer staff)
1. Delta Iota Tau, Lakeport
2. Clearlake Oaks/Glenhaven Business Association, Clearlake Oaks/Glenhaven
3. Kelseyville Lions Club, Kelseyville
Environmental Award
1. Terry Knight, Lakeport
2. Tom Smythe, Kelseyville
New Business of the Year
1. Riviera Fitness, Kelseyville
2. Color Splash Photos, Lakeport
3. Common Grounds Coffee House, Kelseyville
Small Business of the Year
1. Lannette R. Huffman, DDS, Lakeport
2. Lake County Jazzercise, Middletown
3. Airport Auto Brokers, Lakeport
4. Lucerne Pharmacy & Alpine Café, Lucerne
5. Redwood Regional Medical Oncology, Lakeport
Large Business of the Year
No nominations submitted.
Best Idea of the Year
1. Lake County Quilt Trail, All Around Lake County
2. AgVenture, All Around Lake County
Local Hero of the Year
1. Aaron Wright & Rich Swaney, Cal-Trans Workers, Clearlake Oaks
The Arts Award of the Year-Amateur
1. Cobb Mountain Artists, Cobb
The Arts Award of the Year-Professional
1. Susan & Kevin Byrnes, Lower Lake
2. George Waterstraat, Kelseyville
3. Pat Skoog, Lakeport
Woman of the Year
1. Julie Kelley, Lakeport
2. Paula Bryant, Hidden Valley Lake
Man of the Year
1. Brian Grey, DDS, MDS, Lakeport
2. Mark Turrill, MD, Lakeport
3. Phil Smoley, Lakeport
4. Ron Quick, Kelseyville
Lifetime Achievement
1. Allen Gott, Clearlake
Stars of Lake County Sponsors to date are St. Helena Hospital Clearlake, Jim Jonas Inc, North Lake Medical Pharmacy, Shannon Ridge Winery, Cliff and Nancy Ruzicka, Westamerica Bank, Strong Financial Network, Congressman Mike Thompson, John Tomkins, Lake County Record-Bee, Lake County Land Trust and Bruno’s Shop Smart.
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MENDOCINO COUNTY, Calif. – Caltrans said Thursday that site preparation will begin this week for the roundabout which is scheduled to be built this summer at the intersection of Route 1 and Simpson Lane in Mendocino County.
Last week, Caltrans received final project funding from the California Transportation Commission.
The project is funded by Caltrans and Mendocino County, and is expected to go out to bid in February.
However, to eliminate potential nesting sites, trees must be removed by Caltrans maintenance crews before mid-February to comply with the Migratory Bird Treaty Act.
When completed, the roundabout will relieve current and future projected congestion at this intersection more efficiently than traffic signals.
It will also use less energy than traffic signals, it will require less ongoing maintenance, and it will reduce vehicle emissions by reducing idle times.
To learn more, visit the project Web site at www.dot.ca.gov/dist1/d1projects/simpson_lane/.
For questions about the project, please contact Project Manager Steve Blair at 707-441-5899.
To learn more about roundabouts and how to navigate them, see www.dot.ca.gov/dist1/d1projects/roundabout.htm.
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