How to resolve AdBlock issue? 
News
NOTE: This story contains images some readers may find upsetting.
LAKE COUNTY – In recent weeks county Animal Care and Control officials have confronted a number of animal cruelty cases, the latest involving two severely abused dogs.
According to Animal Care and Control Director Denise Johnson, one of the dogs was hit by a semi truck and given no veterinary care, while the other was found unable to stand and without food and water.
Both remain under veterinary care and the county's protective custody, officials stated.
Johnson reported that on June 27, Animal Care and Control Officer Eric Wood responded to a welfare call on a dog that was hit two days previous by a semi truck.
The person reporting the dog's situation alleged that its owners sought no medical treatment for the animal, which had been crying in agony for two days, Johnson said.
When Wood arrived at the owners' residence, he found the 6-month-old, 25-pound female pit bull was unable to stand, said Johnson. The animal hadn't been able to urinate for two days.
Wood rushed the dog – dubbed “Whiskey – to Wasson Memorial Veterinary Clinic in Lakeport, where veterinarians confirmed she was suffering from a shattered hip, Johnson said. Whiskey then underwent emergency orthopedic surgery.
“She's doing great,” Wood told Lake County News on Friday. “She hasn't made a full recovery but she's on her way.”
Wood said Whiskey can stand up and walk around, although she might have suffered nerve damage to her right back leg.
However, he said Whiskey has a great attitude, which is aiding her recovery. “She possibly could be released from the vet in a week.”
Once released, Whiskey will remain in protective county custody, said Wood. Her owners, who have not yet been named, have 14 days to pay the veterinary bill to retain ownership. If they don't, her ownership will revert to the county, which will place her in a foster home.
The outlook so far isn't as bright for “Luke,” a 10-year-old German shepherd who Wood found while responding to a call earlier this month.
Wood found Luke with no food, water or shelter, lying in the direct sun and unable to move. What's more, the 10-year-old, 120-pound dog could not stand, and was dragging his hindquarters when he did try to move, Johnson said.
By attempting to drag himself across the yard, Luke had suffered wounds, which Johnson said were open and filled with maggots.
Johnson said Luke was in pain, and his fur was matted and filled with stickers and foxtails. The person who reported Luke to authorities alleged he had been in that condition for weeks, and the owner – whose name officials haven't disclosed – hadn't taken him to the vet.
Wood impounded Luke and took him to Clearlake Veterinary Clinic where he received emergency care.
However, Wood said Friday that he had checked with the veterinarian that day, and Luke's prognosis wasn't looking promising.
“He could go either way as far as making a full recovery or not,” said Wood. “He's 10 years old so his age is working against him right now.”
Luke also is extremely overweight, which is complicating his recovery, Wood said.
Wood said he'll know more about Luke's outlook on Monday. At that time, if Luke still can't stand on his own, it will be up to the veterinarian to decide if it's more humane to euthanize the dog.
“From what I've seen, it doesn't look good, though,” he said.
Cases against the owners are being referred to the District Attorney's Office. Wood said they'll face animal cruelty charges.
The Humane Society of the United States reports that a conviction on California's felony anti-cruelty statute calls for a maximum fine of $20,000 and between one and three years in jail, with psychological counseling also mandatory. That law was enacted in 1988 and pertains to all kinds of animals.
{mos_sb_discuss:2}
The case was filed in Lake County Superior Court on May 27. No specific damage amounts are listed, and no initial hearing has yet been set. The newspaper must serve a responsive pleading by July 18.
Named in the suit as defendants are the Record-Bee's parent company, MediaNews Group Inc., the fourth largest newspaper company in the United States; Publisher Gary Dickson; Managing Editor Rick Kennedy; former staff writer Elizabeth Wilson; and Does one through 10.
The story in question, published April 15, said Dr. Camille Keene diagnosed local radio personality Eric Patrick last November with a rare form of Amyotrophic lateral sclerosis – also known as ALS or Lou Gehrig's disease – and that the diagnosis was incorrect.
The story went on to state that doctors at the University of California, San Francisco Medical Center conducted tests that found Patrick has a disease called Dystonia, not ALS. The only source quoted in the article was Patrick.
Contacted for comment on the story, Dickson offered a statement via e-mail.
“The only comment I will make at this time is that it is unfortunate that a lawsuit arose from a story about a well known local person’s good fortune,” Dickson wrote.
Patrick, when contacted by Lake County News, refused to comment. “I'd just as soon stay out of that.”
Tamara L. Morgan and Stephen Boutin of the Sacramento law firm Boutin, Gibson, Di Giusto, Hodell Inc. are representing Keene in the suit.
Morgan told Lake County News that the article titled 'Misdiagnosed man reclaims his life' was inaccurate and damaging, especially because it repeatedly used the word “misdiagnose” – a term akin to incompetence in the medical world.
The suit states that Dr. Keene never assigned a final, incorrect diagnosis of Patrick in the first place.
A letter Boutin sent to the Record-Bee, dated April 18, said the facts of the case didn't support the “reckless conclusion” that Patrick had been given a wrong diagnosis, and that the article had imputed to Keene “incompetence.” The complaint stated that at no point in Keene's assessment of Patrick did she arrive at a “final, incorrect determination of his medical condition.”
The letter also questioned why the article did not address how Patrick got to UCSF for further testing. “Mr. Patrick could have gotten his appointment with UCSF on his own, or as a result of the referral from some other physician, or possibly as a result of a referral and diligent efforts of Dr. Keene. By what means did Mr. Patrick obtain an appointment at UCSF? Why did he go to UCSF? Did you ever confirm the facts in this regard?"
Furthermore, the letter said the article was wrong in its chronology. “We can tell you that there was no diagnosis whatsoever and no communication [between Patrick and Keene] in November 2007.”
Morgan said former Record-Bee staff writer Elizabeth Wilson made no attempt to contact Keene to verify the accuracy of the statements relating to her care of Patrick. Morgan said Keene checked with her receptionist about whether any messages had been left by Wilson, but there were none.
Doctor seeks retraction of story
Boutin's letter to the Record-Bee asked for an immediate retraction, pursuant to Civil Code section 48a, which sets out procedures for seeking story corrections. Such demands have to be served within 20 days of knowledge of a publication that is believed to be libelous.
He also sought publication of the retraction in as conspicuous a place as the paper's front page, above-the-fold placement of the April 15 article.
Keene's attorneys also suggested the newspaper should follow up with Patrick in an effort to get all of the facts and present a complete story which they said would vindicate Dr. Keene.
The suit states that Kennedy was apologetic and expressed his desire to correct the reporting. In response to their request that the story also be removed from the paper's Web site, Kennedy sent them an e-mail on April 23 assuring them that the story would be taken down later that day.
However, a basic archive search performed Friday evening for Patrick's name on the Record-Bee site brings up three headlines, including the story Kennedy said would be removed.
When retractions are sought, the Civil Code offers a publication three weeks to run a retraction from the time a notice of demand is submitted. However, no retraction appeared in that timeframe.
Three weeks after Boutin sent the letter, he received a response from Rachel Matteo-Boehm of Holme, Roberts and Owen LLP, the Record-Bee's San Francisco attorney, who warned that, regardless of whether or not the paper published defamatory statements, Keene would risk paying attorneys' fees and further adverse publicity if she filed a libel suit.
Matteo-Boehm's letter further said she planned to file a motion under California's anti-SLAPP (strategic lawsuit against public participation) statute, which is meant to protect citizens' rights to free speech.
In an interview with Lake County News, Matteo-Boehm said the Record-Bee stands by its story, the reporting of which did not err in Patrick's case.
“Based on what we understand to be the facts of the case, the use of the word 'misdiagnose' was entirely appropriate,” she said, adding that Keene's suit is “unmeritorious.”
Because the case is ongoing, Matteo-Boehm said she could not comment on specific aspects of it, including Keene's assertion that she was never called for an interview. She also would not comment when asked if the newspaper attempted to followup with Patrick on the story.
Because the newspaper stands by its report, it did not find doing a followup story on Keene's perspective – which is what Keene's counsel had suggested – to be appropriate, said Matteo-Boehm.
Instead, Matteo-Boehm said the Record-Bee attempted to work with the doctor, inviting her to submit a letter to the editor or a guest commentary after receiving the letter from Keene's attorneys. Matteo-Boehm said she did not know why Keene hadn't exercised those opportunities.
“The newspaper believes in speech,” Matteo-Boehm said.
After following the statute in an attempt to get the record set straight – which Morgan called “a disappointing process” – they filed the suit based on the “egregiousness” of the article and the paper's response.
“The reason we filed the lawsuit is she needs a voice,” said Morgan, adding that Keene has been unable to publicly defend herself or refute what she considers to be defamatory statements.
The federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) severely limits what information a physician can disclose about a patient, which Boutin pointed out to the newspaper in his April 18 letter. As a result of the law, “Dr. Keene is very limited at this time in the information that we can provide to explain the relevant circumstances, and in turn, to defend Dr. Keene’s reputation.”
At the same time, Boutin said Keene is “a fair-minded and ethical person” who both wanted to strictly adhere to the regulations and protect Patrick's privacy – “to the extent it still exists.”
In an effort to avoid violating Patrick's right to not have his confidential information disclosed, Keene also hasn't disclosed his files to her own counsel. However, evidence can be presented in court in such a way as to protect Patrick's medical information, which will be subpoenaed for the case, said Morgan. Keene's attorneys plan to request the court grant a protective order to seal Patrick's medical records from the public.
Morgan said her office contacted Patrick via a letter to ask him to voluntarily submit his records to Dr. Keene's counsel in order to clarify the statements to made to the Record-Bee.
She said he called to ask who they were working for and why they wanted a release to view his medical records. When they told him they were working for Keene, he exclaimed “No!” and abruptly hung up the phone.
Keene is the county's only neurologist, said Morgan. She's practiced in Lakeport for the past three years.
The doctor's practice relies on referrals from other physicians. “What she's seeing now is there's been a drop-off in referrals,” said Morgan.
The letter Keene's attorneys sent to the Record-Bee also brought up the issue of the $46,000 raised in a community fundraiser on Patrick's behalf. Patrick told Wilson that he planned to spend $5,000 to go to a Mayo Clinic in Arizona to make sure he had Dystonia, not ALS. “In his mind, he still does not have a definitive diagnosis,” the letter stated.
Matteo-Boehm said the Record-Bee hasn't filed its official response to the libel suit, which is due the middle of this month. She said they may file an anti-SLAPP motion but no action has been taken yet, which was confirmed by a check of Lake County Superior Court records Friday.
Libel cases uncommon for California papers
Terry Francke is founder of Californians Aware, a nonprofit that assists journalists with open government and First Amendment-related issues. He said the first examples of SLAPP suits were brought by powerful interests trying to muzzle critics during the permitting process on large developments.
“The problem with a SLAPP suit is it was not intended to really win as much as to make it so costly for the speaker that the speaker would be intimidated and shut up,” he explained.
As a result, the anti-SLAPP motion was created, and has been in use in California for close to 20 years, according to Francke. It requires the plaintiff to put on their best case, in brief, to show if they have been injured and have a chance of winning the case.
“That's a very powerful maneuver,” he said. It also requires no legal discovery before the hearing.
As a result, use of the anti-SLAPP motion has become commonplace for attorneys defending libel cases, said Francke.
He said First Amendment defenses offer broad protection for reporters. “The First Amendment protects not only responsible and professional reporting, but also negligent reporting.”
To lose such a case, he said a plaintiff has to be able to show a journalist knew what they were reporting was false and showed a reckless disregard of the facts, causing damage.
Francke said the best cure for faults in reporting is more speech, such as in Keene writing a rebuttal letter or commentary, which Matteo-Boehm said the paper invited her to do.
He also posed the question that, if Patrick was indeed misdiagnosed, why did he not sue Keene for malpractice?
Even in today's litigious society, libel suits against newspapers aren't common, according to legal experts.
“I can't think of the last time a California newspaper has been sued,” said Jim Ewert, legal counsel for the California Newspaper Publishers Association, which represents more than 700 daily, weekly and student newspapers around the state, the Record-Bee among them.
Ewert said the small number of libels suits filed is a result of California's strong anti-SLAPP statute, as well as the difficulty of proving actual damages from libel.
“If they get it wrong, if it's false, most newspapers do the right thing and correct it,” said Ewert, adding that most newspapers go to great lengths to verify stories.
He said he's never seen an occasion when a newspaper got it wrong yet didn't correct its report.
Local attorney Robert Riggs said libel cases pose specific challenges, requiring a plaintiff to show they've been damaged by the publication, and that the statements contained in the report aren't true.
After reviewing Keene's suit, Riggs said, “I think it's an interesting case because it appears, on the face of it, that it may have merit.”
He added of the disputed article, “I think it wasn't very carefully written.”
He said the Record-Bee can bring the special motion to strike down the case under the anti-SLAPP statute, but he said he could see Keene's case surviving that motion and a judge ruling the case has merit, which would likely lead to a settlement.
Riggs said he believed a judge could be skeptical about granting relief under the anti-SLAPP statute since the Record-Bee, after being advised of its error, apparently declined Keene’s request that it publish a retraction.
Another reason libel cases aren't brought often is that damages are difficult to prove and document, said Riggs. “This is probably the biggest challenge to her case.”
Libel cases also can compound a bad situation with more adverse publicity, said Riggs.
The case brings to light other interesting legal questions as well, said Riggs, including Patrick's privacy rights. The issue of Patrick's health records could generate litigation in itself, but it could be argued that, by speaking with the media, he gave up his privacy.
Riggs has an unusual perspective on the facts of the case: His mother was diagnosed with the bulbar form of ALS that Patrick had stated publicly was the disease he believed he had. The disease, Riggs said, was very difficult to diagnose, and it eventually claimed his mother's life.
Morgan said that, despite the lawsuit's filing, Keene continues hoping that the Record-Bee will retract the story and correct its reporting on Patrick's situation.
Click here to view the lawsuit.
E-mail Elizabeth Larson at
{mos_sb_discuss:2}
Fires in the Soda Complex and Yolla Bolly Complex in the Mendocino National Forest continued to burn Friday, as did a massive lightning complex in neighboring Mendocino counties, fire officials reported.
Wildland fires in Mendocino and Butte counties have taken a heavy toll on Lake County's air quality in recent days, but Lake County Air Pollution Control Officer Bob Reynolds said conditions began to improve late afternoon Friday.
The improved conditions came from a west to southeast wind that helped clear some smoke out of the county and which is expected to continue into the weekend, said Reynolds. He said air quality should be in the moderate range on Saturday.
However, he added that significant smoke remains over the ocean, and the west to southwest winds may bring more smoke over Northern California in the next few days.
In fire news, officials reported Friday that the Soda Complex on the Mendocino National Forest's Upper Lake Ranger District was 82-percent contained, a slight rollback on progress reported the previous day.
The fires have burned 6,325 acres in Lake and Mendocino counties, according to US Forest Services spokesperson Phebe Brown.
The Yolla Bolly Complex – which includes fires on the Yolla Bolly-Middle Eel Wilderness in Mendocino, Trinity and Tehama counties – saw some growth on Friday, according to Brown.
Brown reported that the fire remained at 65-percent containment, with the estimates of its acreage rolled back from more than 10,000 acres to 6,625.
There are 301 total personnel on the Soda Complex, which has cost $6.5 million to fight, Brown reported. The Yolla Bolly Complex has 78 personnel assigned to it, with suppression to date costing $1.45 million.
In neighboring Mendocino County, the Mendocino Lightning Complex remained at 65-percent containment Friday, having burned 500 more acres to reach 52,700 acres in size, Cal Fire reported. Approximately 2,092 personnel remain assigned to the complex.
Cal Fire's Friday report noted that 20 fires remain active out of the original 127 sparked by lightning three weeks ago.
Evacuation warnings also were lifted in the communities of Cummings and Leggett Valley late Friday, according to Cal Fire and Mendocino County officials.
The fire has so far cost $31.4 million to fight, Cal Fire reported.
For more information about the forest fires visit Forest Service Web site at www.fs.fed.us/r5/mendocino. For information about other fires around the state, visit www.cdf.ca.gov.
E-mail Elizabeth Larson at
{mos_sb_discuss:2}
Continuing to burn on National Forest lands are the 6,120-acre Soda Complex, located to the north and northwest of Lake Pillsbury on the Upper Lake Ranger District in Lake and Mendocino counties, and the Yolla Bolly Complex in the Yolla Bolly-Middle Eel Wilderness, which has burned 10,669 acres.
Forest officials attribute both complexes to a June 21 lightning storm that passed over the North Coast.
The 1,390-acre Monkey Rock Fire in the Soda Complex experienced a flare up on Thursday, spreading embers on the M-1 Road outside of the wilderness area, according to US Forest Service spokesperson Phebe Brown.
She said firefighters quickly went to work on the spots where the embers spread, and continued patrolling for spot fires.
The complex is now 83-percent contained, Brown reported, with two fires still actively burning.
Besides the Monkey Rock Fire, the Mill Fire, at 940 acres, was still burning, and had made a strong uphill run on Wednesday, increasing in size as it went, according to Brown.
On Thursday, Brown said 307 firefighters remained assigned to the fire, which has cost $6.24 million to date to fight.
The Yolla Bolly Complex – located in Mendocino, Tehama and Trinity counties – has seven out of an original 22 fires still actively burning, according to Brown. The complex is 65-percent contained.
Brown said that, due to hot conditions, the fires could continue to spread. A total of 114 fire personnel are assigned to the complex, the suppression costs of which have cost $1.7 million to date.
In Mendocino County, where a lightning fire complex has burned 52,200 acres, 2,092 fire personnel continued to work on Thursday to put out all of the blazes, which are estimated at a total of 65-percent containment, Cal Fire officials reported.
While progress continues on the fires, there are still ample dangers, with a new evacuation warning issued by county officials on Thursday for the Mountain View Road area.
Thirty-six fires out of an original 127 continue to burn, with 335 residences threatened, according to Cal Fire. Suppression costs are estimated at $29.1 million.
For more information about the forest fires visit Forest Service Web site at www.fs.fed.us/r5/mendocino. For information about other fires around the state, visit www.cdf.ca.gov.
E-mail Elizabeth Larson at
{mos_sb_discuss:2}
All of Lake County and much of Northern California is under a red flag warning and a hazardous weather outlook, according to the National Weather Service.
For much of Friday high temperatures are expected to continue, which the agency says is coupled with low humidity and northerly winds, creating conditions of critical fire danger. A gradual cooling trend is expected to begin Friday afternoon.
Lake County Air Pollution Control Officer Bob Reynolds reported that an alert warning sensitive groups that air quality is unhealthy will continue through Friday, as smoke from the region's wildland fires continues to degrade air quality.
Fires in Mendocino and Butte counties have been largely responsible for the smoke in Lake County's air basin, Reynolds said.
Reynolds reported that air quality on Thursday was estimated to have exceeded state and federal health-based particulate standards by 175 percent.
All residents need to take special care, according to Lake County Health Officer Dr. Karen Tait. The sensitive groups of special concern include children, the elderly, and those with heart and respiratory conditions.
E-mail Elizabeth Larson at
{mos_sb_discuss:2}
Their first project to take flight was the Friday Night Farmers’ Market. This weekly market has created a gathering spot in Clearlake where families can purchase farm-fresh produce, listen to live music and browse various booths. Check out the calendar at http://lakecountycommunityco-op.wikispaces.com to discover who will be playing each week.
July has seen the launch of another LCCC project, a Buying Club. Membership is open to the public for a yearly fee of $24. Members can choose to purchase boxes of fresh, local and/or organic fruits, vegetables and herbs on a week-by-week basis. More information about the Buying Club and Community Supported Agriculture can be found at http://lakeco-op.org or by calling Patrick at 987-1987 or 987-1007.
Currently, LCCC is having a logo contest. The person who creates the logo that best represent the mission of the co-op will be presented with a weekly box of produce for four weeks, total value of at least $64. You can download the guidelines and an application for the contest at http://lakecountycommunityco-op.wikispaces.com or contact Lorna Sue at 274-9254.
Another project that is quickly taking off is the community garden site at the senior center in Clearlake. For the most current information on the community gardens, or to volunteer your time and talents, please stop by the LCCC general meeting, 10 a.m. until noon, the second Saturday of every month at the Hot Spot on Golf Avenue in Clearlake.
Most weeks, at the conclusion of the general meeting there is a short education session by an expert in current issues involving health, food safety, localization and other fascinating topics. The general meeting is open to the public. The Lake County community Co-op is looking for volunteers that are interested in joining this dynamic organization on the ground floor.
{mos_sb_discuss:2}