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TUESDAY MAY 24, 2011 Breaking news at: www.redbluffdailynews.com America’s Underground See Inside American Profile RED BLUFF New star Sports 1B Mostly Sunny 77/53 Weather forecast 8B DAILYNEWS TEHAMACOUNTY DAILY 50¢ T H E V O I C E O F T E H A M A C O U N T Y S I N C E 1 8 8 5 High court to state: Cut prison inmates by 33,000 SACRAMENTO (AP) — The U.S. Supreme Court ruled Monday that California must drastically reduce its prison population to relieve severe overcrowding that has exposed inmates to increased violence, disease and death. The decision, however, does- n’t mean the prison gates will swing open in an uncontrolled release. The high court’s decision calls on the state to cut the pop- ulation to no more than 110,000 inmates, meaning California will have to shed some 33,000 inmates to comply over the next two years. State officials can accomplish that by transferring inmates to local jails or releas- ing them. The 5-4 ruling revealed a sharp divide on the court between Justices Anthony Kennedy and Antonin Scalia. Kennedy wrote for the majority and described dismal conditions where prisoners are denied minimal care and suici- dal inmates are held in ‘‘tele- phone-booth sized cages with- out toilets.’’ ‘‘A prison that deprives pris- oners of basic sustenance, including adequate medical care, is incompatible with the concept of human dignity and has no place in civilized soci- ety,’’ Kennedy wrote, joined by the court’s four Democrat- appointed justices. Scalia read a blistering dis- sent from the bench in which he called the ruling ‘‘perhaps the most radical injunction issued ‘‘A prison that deprives prisoners of basic sustenance, including adequate medical care, is incompatible with the concept of human dignity and has no place in civilized society.’’ — Justice Anthony Kennedy opinion by a court in our nation’s histo- ry’’ and said it would require the release of a ‘‘staggering number’’ of convicted felons. The ruling also raised con- cerns among California law- makers and attorneys general from 18 states who argued that a decision ordering the reduc- tion of California’s inmate pop- ulation infringes on states’ rights and could leave their pris- ons open to similar lawsuits. It’s ‘‘a historic attack on the constitutional rights of states and the liberty of all Californi- ans,’’ said former state Sen. George Runner, who had inter- vened in the lawsuit on behalf of legislative Republicans. It will result in ‘‘flooding our neighborhoods with criminals.’’ California has already been preparing for the ruling, driven as much by persistent multibil- lion dollar budget deficits as by fears for the well-being of prison inmates and employees. The state has sent inmates to other states. It plans to transfer jurisdiction over others to coun- ties, though the state doesn’t have the money to do it. ‘‘Our goal is to not release inmates at all,’’ said Matthew Cate, the state corrections sec- retary. Shorter term inmates will leave prison before the Supreme Court’s deadline expires, and newly sentenced lower-level offenders would go to local jails under the plan. Concerns over prison crowd- ing and security grew over the weekend with a pair of riots that injured inmates. See COURT, page 7A Gerber to part with history Baymiller withdraws plea, to face new trial on sanity By TANG LOR DN Staff Writer A Los Molinos man, who was charged with murdering his father more than two years ago, withdrew his not guilty plea Monday, forgoing a jury trial that was set to begin one week from today. The jury had already been selected. William Holt Baymiller, 55, still stands by his plea of not guilty by reason of insanity. His attorney Charles Grady will try to prove to the jury that Baymiller was insane when he killed his father. A new jury trial has been set for Aug. 10-12 with pre-trial motions to be heard Aug. 1. Baymiller is charged with murder including a spe- Baymiller cial allegation of personal and intentional discharge of a firearm causing great bodily injury. The special alle- gation carries a maximum of 25 years to life in state prison. He had pleaded guilty in October 2009, but with- Daily News photo by Julie Zeeb The Gerber-Las Flores Community Service District will be putting its 1928 fire engine on e- bay this week. By JULIE ZEEB DN Staff Writer The Gerber-Las Flores Community Service District Thursday approved selling its 1928 fire truck and moving forward on listing Gerber Community Hall for sale. “It would be nice to see the truck stay here, but it needs a lot of work,” said District Manager Mike Murphy. Tehama County Supervisor Ron Warner had previously expressed inter- est in keeping the truck locally to be used in parades, but so far no offers have been made, Murphy said. According to former Gerber Volun- teer Fire Department Chief Bruce Johnston, the truck was last used on the Povey’s mansion fire in the 1960s, said Board Member Larry Long. The truck will be put on eBay for a minimum bid of $1,200, but will not be posted for at least a week from Thurs- day’s meeting, Murphy said. The community hall, 430 San Ben- ito Ave., is in need of a lot of work and is “beyond putting money into,” Mur- phy said. For the 2010-2011 fiscal year, it has brought in about $2,300 in rent. A Gerber resident asked if the board would continue to rent the facility when it is listed. Murphy said the building would continue to be rented until escrow closed. The district intends to list the price as $30,000 unless a local agent contacts is interested, at which point it would be listed as $30,000 net. Discussions have been under way to use money from the sale along with grants to refurbish the former fire hall to be used as a new community center, Murphy said. The board approved a $1,245 instal- lation of two cameras and a motion detector on an existing alarm system that has the potential for up to four cameras. The cost for each camera is about $200, Murphy said. “Mainly we’re getting the camera’s because things are getting tough,” Mur- phy said. “There have been more rob- beries and burglaries. Two cameras will cover all the entrances.” The alarm will be set to dial the Tehama County Sheriff’s Department and a few other pre-programmed num- bers if it is tripped, Murphy said. The cost will be $33 per month. “I think it’s something long over- due,” Long said. “We’ve had the sys- tem and now we’ll have the cameras.” An increase in the fee for filling up water trucks from $5 per 1,000 gallons to $10 was approved. “We haven’t sold a truck load of water in a few years, but it’s worth more than $5,” Murphy said. The district meets the third Thurs- day of the month. drew the plea after his then-attorney, public defender Ron McIver, was relieved and Baymiller hired Grady. Since, then Grady’s defense has primarily been focused on getting the charges dropped because Baymiller was insane during the September 2008 mur- der. Several court ordered mental health evaluations have been done, some with experts obtained through the Dis- trict Attorney’s Office and others by experts hired by Grady. In a final ruling on Baymiller’s mental state, Judge Richard Scheuler ruled, last month, Baymiller was competent to stand trial. In withdrawing his not guilty plea, Baymiller is essentially admitting he killed his father. The issue now is not whether Baymiller is guilty, but rather, if he is guilty by reason of insanity. The burden of proof will be on Baymiller’s attorney to prove that Baymiller was insane when he killed his father, Scheuler said. If Grady is unsuccessful in proving Baymiller’s insanity, Baymiller will be sentenced for the underlying offense. If the jury does find Baymiller was insane, he could be committed to a state mental hospital, Scheuler said. In September 2008, Baymiller shot his 89-year-old father, Fredrick Hamilton Baymiller, in the torso at their home with a shotgun. After the shooting Baymiller walked outside the home and told a group of neighbors to call 911 because he had just killed his father. Baymiller claimed he was going to be killed by Muslims and believed his father was in on it. Corning to hear olive branding pitch By JULIE ZEEB DN Staff Writer Dewey Lucero of Lucero Olive Oil is sched- uled to give the presenta- tion: Marketing and Brand- ing Plan at Corning City Council tonight. “The plan will offer ideas for branding Corning as a destination for all things olive,” Lucero said. Included in his plan will be a new city logo and a detailed way finding sign program for promoting agritourism and olives, which is the city’s most dis- tinguishing asset, he said. “The proposed plan is designed to serve tourists, visitors and residents alike in becoming more familiar with Corning’s services, attractions and items of interest,” Lucero said. “City, cultural and business assets will be featured in the plan, which is designed to complement the brand- ing plan Roger Brooks is to design for Tehama Coun- ty.” 7 5 8 5 5 1 6 9 0 0 1 9 The public is invited to come hear the draft plan and provide input, he said. The meeting will include change order num- ber four for the traffic signal installation at the intersec- tion of Solano Street and Marguerite Avenue and dis- cussion of the appointment of Blaine Smith to fill a vacancy on the Recreation commission. A public hearing on the resolution to accept the housing element update and preparation of a Mixed Use ordinance resulting from a grant allocation from a Community Devel- opment Block Grant Pro- gram will be held. Discussion will also be held on the matter of prun- ing a few of the trees on Solano Street that were brought up at the May 10 meeting by resident Dave Demo. The trees in question were causing problems with the flags Demo puts up for holidays using his own money to pay for the poles and flags. Council will discuss approval of the agreement between Corning and Tehama County to share the costs of the city’s Planning Director John Stoufer who also serves as Tehama County’s Interim Planning Director. A resolution continuing the furloughs that provide for the closure of city hall and the city yard every other Friday will also be discussed. The bid for the Clark Park Municipal Water Well and related work is expect- ed to be awarded to Trent Construction of Gerber in the amount of $594,000. Council will also discuss approving the calendar for city budget discussion, final presentation and adoption, which includes a start date of June 20. The budget is Are you tired of those ugly, thick, painful fungal PODIATRY CENTER toenails? AEROFEET Painless Topical Treatment THAT REALLY WORKS. Treat your neglected nails and cracked feet in time for spring sandals! Call today for an appointment (530)527-7584 expected to be posted to the City Website on June 20. The Corning City Coun- cil meets the second and fourth Tuesday of the month at City Hall, 794 Third Street. Meeting min- utes and agendas are avail- able at www.corning.org. COMPLETE AUTO REPAIR Smog Inspection $ 2595 + cert. (MOST CARS & PICK-UPS) Pass or FREE retest 195 S. Main St. Red Bluff 530 527-9841