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Judge Gregory Elvine-Kreis has denied a defense motion to suppress evidence gathered by a Humboldt sheriff’s sergeant during a federal raid on Arcata rancher Ray Christie’s property in October.
Elvine-Kreis said Sgt. Josh McCall had the right to collect evidence after spotting dead and dying animals on the ranch, even though he and other local officers did not have their own warrant to search the property. They had been asked to assist federal agents, who conducted the raid looking for evidence that Christie committed wire fraud or mail fraud.
Specified duties for the local officers included establishing a perimeter on the ranch on Jackson Ranch Road, escorting federal agents onto the property and securing all buildings on the ranch.
It was when McCall was in the process of securing the property that he spotted several dead or dying animals in a pen. Other animals in poor condition were found in the barn.
“Is that why you decided to look at other animals?” Deputy District Attorney Steven Steward asked McCall while he was testifying during today’s hearing.
“Yes,” McCall said. “I thought there could be other animals on the property in the same condition.”
Over the next few hours, McCall proceeded to film 16 videos and take 27 photographs at the ranch. The evidence was turned over to the prosecution, and Steward plans to use it during Christie’s second trial on animal cruelty charges.
Steward said after the hearing that he does not intend to file additional charges against Christie. Instead, the information will be presented as character evidence during the trial.
Lead defense attorney Rick Richmond argued McCall collected evidence with no warrant and no authority.
“Everything he did was unconstitutional,” Richmond told the judge. He said local officers were tasked with specific duties, and they did not include conducting their own investigation. In fact, Richmond said, the lead federal agent told them not to take photographs.
During the raid, McCall called Steward at the DA’s Office to tell him what was going on. He said Steward asked him to document what he found.
“Did you say ‘I’ve got probable cause, will you go get me a warrant?’ “ Richmond asked.
“No.”
Richmond brought up the fact that Christie buys cows in poor condition, and those cows come from other ranches. Yet those ranchers aren’t being investigated. Also, the sickly cows are bought at the Fortuna auction, yet the auction isn’t being investigated.
Elvine-Kreis, in ruling that McCall acted legally, said “You can’t ask an officer who’s there to assist to turn a blind eye … once he’s there he can’t ignore his obligation.”
The judge said he believed McCall acted in “good faith.”
Richmond responded that the local officers weren’t acting in good faith at all.
“I think they were doing everything they could to find evidence that Ray Christie committed a crime,” he said.
Christie was already tried once and convicted of numerous misdemeanor charges of dumping cattle carcasses within 150 feet of state waters. But the jury deadlocked on four felony counts of animal cruelty, with only one juror refusing to convict.
The next trial, scheduled to begin Jan. 31, will focus only on the animal cruelty charges. But evidence gathered during the March 2018 raid that led to those charges in now in question. Richmond has filed a motion to dismiss the charges because, he says, “most of the evidence has been lost or destroyed.”
Elvine-Kreis will hear the motion to dismiss on Jan. 7.
With that and other legal issues unresolved, Richmond is expected to file a motion to delay the trial.
Elvine-Kreis is brand-new to the Christie case. He said he received it on Friday. Judge Christopher Wilson presided for almost three years, but judges were recently assigned different duties.
As to the federal investigation of possible wire fraud or mail fraud, as yet no federal charges have been filed.
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PREVIOUSLY:
- Cops Raid Notorious Ranch in the Arcata Bottoms; Rancher Ray Christie Arrested at the Scene
- More Than 250 Dead Cows Found on Ray Christie’s Properties, Says HCSO; Numerous Other Alleged Violations Discovered
- Humboldt-Del Norte Cattlemen’s Association Calls Ray Christie’s Ranch ‘Horrific,’ Says Anyone Convicted of Animal Abuse Should be Punished to the ‘Greatest Extent Possible’
- Judge Says Ray Christie, Arcata Rancher Accused of Animal Cruelty, Can Still Own Livestock For Now
- Rancher Ray Christie Held to Answer for Three Felony Charges of Animal Abuse; Four Charges Dropped After Investigating Deputy’s Testimony Was Compromised
- Arraignment for Accused Animal Abuser Ray Christie Postponed; Goose Still in Custody
- Judge Reverses Own Decision in Christie Animal Cruelty Case; Arraignment Set For Next Month
- Calling State Law ‘Unconstitutional,’ Attorneys for Rancher Ray Christie Ask Judge to Throw Out Case Involving Hundreds of Cattle Carcasses Found on His Land
- Ray Christie’s Lawyer Says: First They Came For Ray Christie, and You Did Not Speak Out Because You are a Vegetarian
- CHRISTIE CASE: Judge Denies Defense Motion; Rules That Case Against Rancher Accused of Animal Cruelty, Cattle Corpse-Dumping May Proceed
- TODAY in COURT: Trial of Rancher Raymond Christie Set to Start Later This Month; Torture, Murder Suspect Declines to Show for Hearing
- ‘Nothing But a Show’ Rancher Ray Christie’s Attorney Says After Jury Shown Images of Numerous Dead or Dying Cows
- CHRISTIE TRIAL: Defense Attorney Attacks Investigating Deputy’s Credibility
- CHRISTIE TRIAL: Prosecutors Allege Rancher Illegally Removed Tags From Cattle to Pass Them Off as ‘Organic’
- CHRISTIE TRIAL: While Witnesses Testify to Stacks and Stacks of Carcasses Found, Defense Wonders Whether Cattle May Have Been Killed by Wild Animals or Poisonous Plants
- CHRISTIE TRIAL: Wildlife Warden Testifies to Carcasses Floating in Sloughs as Defense Gets Ready to Make its Case
- TODAY in COURT: Teen Murder Suspect Will Not Be Tried as an Adult; Christie Jurors Get Day Off
- CHRISTIE TRIAL: First Defense Witness, Ray Christie’s Cowhand, Testifies That Someone Must Have Dropped Off Dead Cattle in the Middle of the Night
- CHRISTIE TRIAL: After Showing Jurors Some Drone Footage, the Defense Rests its Case
- CHRISTIE TRIAL: Prosecution Rests; Ranch Hand Testifies He Was Ordered to Remove Cow Eartags
- CHRISTIE TRIAL: In Closing Arguments, Prosecutor Implores Jury to Hold Defendant Accountable for ‘Grossly Inadequate’ Management of Ranches
- CHRISTIE TRIAL: After the Defense’s Two-Hour Closing Argument, the Case is in the Hands of the Jury
- Juror Replaced in Christie Trial; Deliberation to Continue Into Next Week
- CHRISTIE TRIAL: Jurors Deliberate All Day For Third Day in a Row, Ask Questions of Judge, Still Can’t Reach Verdict
- CHRISTIE TRIAL: Still No Verdict in Local Rancher Animal Cruelty Case! Jury Asks to Re-Hear Veterinarian Testimony
- CHRISTIE TRIAL: Day Five of Jury Deliberations Pass With No Verdict; Prosecutors Sick
- CHRISTIE TRIAL: Day Six of Jury Deliberations, Still No Verdict
- CHRISTIE TRIAL: Misconduct or Mistrial? One Juror Refuses to Deliberate or Follow the Law, Other Members Tell Judge; Unknown Whether a Mistrial Will be Declared or Possible Rogue Juror Replaced
- CHRISTIE TRIAL: Jurors Scheduled to Return to Deliberations Tomorrow Morning
- CHRISTIE TRIAL: Judge Dismisses Apparently Rogue Juror; Deliberations to Start All Over Again With Alternate
- CHRISTIE TRIAL: Hung Jury Declared After One Juror Out of 12 Declines to Convict Accused Rancher
- RETRIAL: Following Hung Jury, Rancher Ray Christie Will be Retried on Four Felony Counts in February, Prosecutor Says
- Christie Retrial on Felony Animal Cruelty Charges Pushed Back to May; Defense Anticipates Filing Motion to Dismiss
- TODAY in COURT: Trial Date Set for Man Accused of Stabbing Another Outside Arcata Bar; Latest on Rancher’s Animal Cruelty Retrial, Eureka Attorney Accused of Trafficking
- Judge Denies Motion to Dismiss Felony Animal Cruelty Charges Against Arcata Rancher Ray Christie
- Rancher Ray Christie’s Attorney Asks For Yet Another New Trial On Top of His Client’s Already Impending Retrial
- Ray Christie Fires Colorful, Outspoken Southern California Attorney Two Days Before Trial
- Ready or Not, Ray Christie is Going to Trial in October
- Rancher Ray Christie Equipped With New Los Angeles-Based Lawyer, Who Again Asks for More Time to Prepare for Trial
- CHRISTIE RETRIAL: Misdemeanor Charges Dropped Against Arcata Rancher Accused of Animal Cruelty
- Arcata Rancher Ray Christie Set to Face Second Animal Cruelty Charges in January
- Jurors in Ray Christie’s Second Trial Will Get to Hear About the Hundreds of Carcasses Found on His Properties, Judge Rules