For the first time since his arrest nine months ago, murder suspect Jon David Goldberg will be allowed in the same room as his young son.

This morning visiting Judge Marjorie Carter agreed to allow the child a “contact” visit with his father on Wednesday in Humboldt County Correctional Facility.

The boy will be brought to the jail by his grandmother, Jon Goldberg’s mother.

Goldberg is charged with shooting Timothy Smith to death on Sept. 26 after finding out Smith was having an affair with his wife, Rachel Goldberg. In a separate case, he is charged with threatening Rachel with a gun, and firing shots around her, earlier the same day.

Deputy District Attorney Luke Bernthal had objected to the jail visit, saying the child was “present or at least on the property” when the shots were fired. The boy spent the rest of the day with his distraught mother. Bernthal said it’s possible he could be called as a defense witness.

Also, Bernthal argued, it was unknown whether Rachel Goldberg approved of the visit.

“I would think the court would want to know what the victim’s position is,” Bernthal said. … “She’s expressed a desire to have my office not contact her.”

But Deputy Public Defender Casey Russo was able to show the judge and Bernthal a copy of Rachel’s Goldberg’s notarized statement granting permission for the visit.

“It does appear that we have a notarized copy,” Carter said. “I will sign the order.”

Outside the courtroom, Russo said the boy has visited Goldberg before, but always with a glass partition between them. This visit will be supervised by the grandmother and a correctional officer, he said.

Rachel Goldberg refused to testify against her husband in the case naming her as the victim. She now lives in Solano County.

Jon Goldberg, 37, is scheduled for jury trial next month.



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