Issue link: https://www.epageflip.net/i/32756
California's first medical parole case is rejected SAN DIEGO (MCT) — The reasoning seemed disarmingly simple: In a time of fiscal crisis and overcrowded prisons, why should California spend hundreds of millions of dollars retaining prisoners so sick, aged, paralyzed or otherwise infirm that they are no longer a threat to the public? And so the state legislature passed a bill to permit medical paroles as both a humanitarian gesture and a way to save money for the state. But theory has collided with the reality that prosecutors will fight vigorously to keep even incapacitated prisoners behind bars, that the parole board can be a highly skeptical body and that some prisoners committed heinously brutal acts before they fell victim to the medical problems that rendered them "safe." Last week, the first prisoner to seek a medical parole was quick- ly and profoundly rejected by the board: Steven Martinez, now 42, convicted of kidnapping, beating and raping a San Diego woman in 1998. A repeat violent offender, he was sentenced to 150 years. A knife attack in prison in 2001 severed Martinez's spinal cord, leaving him a quadriplegic. His medical expenses cost the state more than $600,000 a year. When he was in a medical facility out- side the prison, the cost of round-the-clock guards exceeded $800,000 a year. His family — his father is a retired firefighter, his mother a for- mer business executive — is ready to take him home and provide care. But San Diego County District Attorney Bonnie Dumanis wants Martinez to remain in prison, although she said she does not disagree with the law and might support other prisoners seeking release. The parole board, without allowing Martinez to attend the hear- ing, agreed that he is still a threat. If paroled, the board said, he could possibly use his vocal cords, which are not paralyzed, to order crimes, maybe attacks on state employees. "In the end, fear won out over reason," said Ken Karan, a Carls- bad attorney who represents Martinez. "It makes no sense to pay guards and build prisons to house prisoners in Mr. Martinez's con- dition." State Sen. Mark Leno of San Francisco, the bill's sponsor, said he is worried that the Martinez decision indicates that the state parole board may attempt to scuttle the medical release program. "We may need to revisit the legislation because they may not let anyone out," he said. Leno said the timing of the parole board's rejection of Martinez, the same week the U.S. Supreme Court ordered California to release 33,000 prisoners, is particularly galling. "If we can't start with a quadriplegic, where can we begin?" he said. Karan said he may file a request in court to have the board's decision overturned as a violation of the new law's rule that such decisions must pass a "reasonableness" test. Before the new law, Karan had twice unsuccessfully sought a "compassionate" parole for Martinez. He also filed a claim that intentionally shoddy care at Chino State Prison led to Martinez developing a massive bedsore; the claim was reportedly settled for $750,000. The medical staff that cares for Martinez at Corcoran State Prison signed a petition opposing his parole, noting verbal abuse and threats he made toward them. Karan disputes any assertion that Martinez would seek to harm anyone and said that, unlike many prisoners, he had no gang affiliations. Deputy District Attorney Richard Sachs, who appeared before the parole board, noted that an appeals court in 2010, rejecting Karan's bid to overturn an earlier rejection, found the threats made by Martinez to be cause for keeping him behind bars. The court called Martinez "an evil, angry, violent person." Although the cost of incarceration is an issue, Sachs said in an interview, "the overriding factor for our office is public safety, and Mr. Martinez is still a threat." Leno said he fears many prosecutors will oppose medical paroles "out of vengeance" toward the prisoners. "When we are unable to fund education and health care," he said, "how much vengeance can we afford?" Under the law, no lifers or death row inmates are eligible. Once it was signed by then-Gov. Arnold Schwarzenegger, prison and medical officials quickly developed a list of candidates who met the standard to be considered medical paroles, which is that they are unable to meet their basic needs by themselves. To parole the first group could save a minimum of $10 million a year, officials said. Some are in comas, in persistent vegetative states or dependent on ventilators. Although many would still be eligible for state medical support, the costs could be split with the federal government. Also, the cost of providing round-the-clock guards — which exceeds the cost of the medical care — would be eliminated. The next parole board hearing to consider a medical parole request is June 15: Craig Lemke, 48, serving a 68-year sentence for a 2007 armed-robbery home invasion of an elderly couple in Lakeport. His medical condition cannot be disclosed beforehand because of federal privacy laws involving medical records, offi- cials said. His parole application is opposed by the Lake County district attorney. Legal Notices Legal Notices Legal Notices Legal Notices LEGAL NOTICE NOTICE OF TRUSTEE’S SALE Trustee Sale No. 11-517273 INC Title Order No. 110082537-CA-BFI APN 004-210-531 YOU ARE IN DE- FAULT UNDER A DEED OF TRUST DATED 01/09/06. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDINGS AGAINST YOU, YOU SHOULD CONTACT A LAWYER. On 06/13/11 at 2:00 p.m., Aztec Foreclosure Corpora- tion as the duly appointed Trust- ee under and pursuant to Deed of Trust Recorded on 01/17/06 in Instrument No. 000956, Book No. 2856, Page No. 176 of official re- cords in the Office of the Re- corder of TEHAMA County, Cali- fornia, executed by: Brandon Macnair, a Married Man, as His Sole and Separate Property, as Trustor, Deutsche Bank National Trust Company, As Trustee of the INDX Mortgage Loan Trust 2006-AR6, Mortgage Pass- Through Certificates, Series 2006-AR6, under the Pooling and Servicing Agreement dated April 1, 2006, as Beneficiary, WILL SELL AT PUBLIC AUCTION TO THE HIGHEST BIDDER FOR CASH (pay- able at time of sale in lawful money of the United States, by cash, a cashier’s check drawn by a state or national bank, a check drawn by a state or feder- al credit union, or a check drawn by a state or federal savings and loan association, savings asso- ciation, or savings bank speci- fied in section 5102 of the Finan- cial Code and authorized to do business in this state), at the main entrance to the Tehama County Courthouse, 633 Wash- ington Street, Red Bluff, CA, all right, title and interest conveyed to and now held by it under said Deed of Trust in the property sit- uated in said County, California described as: 18885 ELEANOR LANE, COTTONWOOD, CA 96022 The property heretofore descri- bed is being sold "as is". PAR- CEL 2 OF PARCEL MAP NO. 77- 305, AS THE SAME IS SHOWN ON THE MAP FiLED IN THE TEHAMA COUNTY RECORDER’S OFFICE JUNE 1, 1979 IN BOOK 6 OF PAR- CEL MAPS AT PAGE 16 (BEING A SURVEY OF A PORTION OF SEC- TION 29, TOWNSHIP 29 NORTH, RANGE 4 WEST, MOUNT DIABLO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF). TO- GETHER WITH A NON-EXCLUSIVE EASEMENT FOR ROAD AND UTILI- TY PURPOSES OVER AND ACROSS THE NORTH 50.00 FEET OF PARCELS 1 AND 2, AS DIS- CLOSED IN THE DEED RECORDED DECEMBER 13, 1971 IN BOOK 580 AT PAGE 324, OFFICIAL RECORDS OF TEHAMA COUNTY. ALSO TO- GETHER WITH A NON-EXCLUSIVE RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES OVER AND ACROSS THE NORTH 50.00 FEET OF THE PROPERTY DESCRIBED IN THE DEED RECORDED DECEMBER 21, 1971 IN BOOK 580 AT PAGE 670, OFFICIAL RECORDS OF TEHAMA COUNTY. ALSO TO- GETHER WITH A NON-EXCLUSIVE EASEMENT FOR ROAD AND UTILI- TY PURPOSES OVER AND ACROSS THE EAST 50.00 FEET AND THE SOUTH 10 FEET OF THE PROPERTY DESCRIBED IN THE DEED RECORDED FEBRUARY 2, 1972 IN BOOK 586 AT PAGE 167, OFFICIAL RECORDS OF TEHAMA COUNTY. ALSO TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR ROAD AND UTILITY PURPOS- ES OVER AND ACROSS THE NORTH 40.00 FEET OF THE PROP- ERTY DESCRIBED IN BOOK 581 AT PAGE 392, OFFICIAL RECORDS OF TEHAMA COUNTY. ALSO TO- GETHER WITH A NON-EXCLUSIVE EASEMENT FOR ROAD AND UTILI- TY PURPOSES OVER AND ACROSS THE NORTH 50.00 FEET OF THE FOLLOWING DESCRIBED PROPERTY: PARCEL 1 OF PARCEL MAP NO. 77-305 BEING A SURVEY OF A PORTION OF SECTION 29, TOWNSHIP 29 NORTH, RANGE 4 WEST, MOUNT DIABLO MERIDI- AN, AS THE SAME IS SHOWN ON THE PARCEL MAP FILED IN THE TEHAMA COUNTY RECORDER’S OFFICE JUNE 1, 1979 IN BOOK 6 OF PARCEL MAPS AT PAGE 16. The undersigned Trustee dis- claims any liability for any in- correctness of the street ad- dress and other common desig- nation, if any, shown herein. Said sale will be made, but with- out covenant or warranty, ex- pressed or implied, regarding ti- tle, possession, or encumbran- ces, to pay the remaining princi- pal sum of the note(s) secured by said Deed of Trust, with inter- est thereon, as provided in said note(s), advances, if any, under the terms of the Deed of Trust, estimated fees, charges and ex- penses of the Trustee and of the trusts created by said Deed of Trust, to-wit: $383,688.43 (Esti- mated) Accrued interest and ad- ditional advances, if any, will in- hi fi i l Tehama County’s Personal/Professional Service Directory AT YOUR SERVICE! $ 9900 3 month commitment Artificial Flowers Beautiful Artificial Flowers By Charlie Artificial flowers for rent specializing in Wedding and other occasions Call for appt. 528-0109 Runs every Tuesday - Thursday - Saturday Feet Health Attorney Local Bankruptcy Attorney Jocelyn C. Olander 530-824-0288 Free Consultation Payment Plans Available Web: www.jcoattyatlaw.com email: mail@jcoatty atlaw.com A federally qualified Debt Relief Agency under 11 U.S.C. 101(12(A)) Bankruptcy BANKRUPTCY Free information $50/mo. + court fee MICHAEL O. HAYS Attorney at Law 1-800-387-9299 Clock Repair 530-736-7079 Grandpa’s Clocks Jim Paul 20910 Pebblestone Dr. Red Bluff Shelf & 31 Day Clocks Repaired Call for appt. Member NAWCC Cuckoo Clocks, Anniversary, Wall, Clock Repair Orthotic Therapy is our Specialty, also treating all aspects of the feet including Bunions, Hammertoes and Plantar Fasciitis with conservative and surgical intervention. We offer comprehensive skin care products from; FOOT AND ANKLE SPECIALIST 2530 Sr Mary Columba Dr Red Bluff (530) 527-7584 Eye Physician James W. Tysinger, Jr. M.D. Eye Physician & Surgeon Fellow American Academy of Ophtalmology We accept Medical, Medicare & most Insurances Office Hours: Tues-Wed-Thurs 8am-4:30pm CREAMS, SALTS, MOISTURIZERS, GIFT SETS www.aerosilknatural.com SPA SKIN CARE PRODUCTS ALL NATURAL INGREDIENTS Mon & Fri 1pm-5pm For Emergencies, After Hours, Week-ends, Call 530-567-5001 345 Hickory St. Red Bluff Tel: (530) 529-4733 Fax: (530) 529-1114 crease this figure prior to sale. The beneficiary under said Deed of Trust heretofore executed and delivered to the under- signed a written Declaration of Default and Demand for Sale, and a written Notice of Default and Election to Sell. The under- signed caused said Notice of De- fault and Election to Sell to be recorded in the county where the real property is located and more than three months have elapsed since such recordation. Requirements of SB1137 have been met pursuant to the Notice of Sale Declaration of record. DATE: 5/13/11 Assistant Secreta- ry & Assistant Vice President Aztec Foreclosure Corporation c/o 4665 MacArthur Court, Suite 250 Newport Beach, CA 92660 Phone: (800) 731-0850 or (602) 222-5711 Fax: (847)627-8803 www,aztectrustee.com ,y, Trustee’s Sale Information Call 714-730 -2727 http://www.lpsasap.com ASAP# 3997420 05/23/2011, 05/31/2011, 06/06/2011 LEGAL NOTICE NOTICE OF TRUSTEE’S SALE TS No. 11-0014491 Title Order No. 110097501 Investor/Insurer No. 1700441109 APN No. 037-181-041 YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED 12/19/2005. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER." Notice is hereby given that RECONTRUST COMPANY, N.A., as duly appointed trustee pursuant to the Deed of Trust executed by JOSE MEJIA, JR. AND CINDY ARTHUR, HUSBAND AND WIFE AS JOINT TENANTS, dated 12/19/2005 and recorded 12/27/05, as Instrument No. 029439, in Book 2856, Page 242), of Official Records in the office of the County Recorder of Tehama County, State of Califor- nia, will sell on 06/21/2011 at 2:00PM, At the main entrance to the Tehama County Courthouse, 633 Washington Street, Red Bluff, CA 96080 at public auction, to the highest bidder for cash or check as described below, paya- ble in full at time of sale, all right, title, and interest con- veyed to and now held by it un- der said Deed of Trust, in the property situated in said County and State and as more fully de- scribed in the above referenced Deed of Trust. The street ad- dress and other common desig- nation, if any, of the real proper- ty described above is purported to be: 9875 ASHURST STREET, PROBERTA, CA, 96078. The un- dersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. The total amount of the unpaid balance with inter- est thereon of the obligation se- cured by the property to be sold plus reasonable estimated costs, expenses and advances at the time of the initial publica- tion of the Notice of Sale is $161,402.96. It is possible that at the time of sale the opening bid may be less than the total in- debtedness due. In addition to cash, the Trustee will accept cashier’s checks drawn on a state or national bank, a check drawn by a state or federal credit union, or a check drawn by a state or federal savings and loan association, savings asso- ciation, or savings bank speci- fied in Section 5102 of the Finan- cial Code and authorized to do business in this state. Said sale will be made, in an ’’AS IS’’ con- dition, but without covenant or warranty, express or implied, re- garding title, possession or en- cumbrances, to satisfy the in- debtedness secured by said Deed of Trust, advances thereunder, with interest as pro- vided, and the unpaid principal of the Note secured by said Deed of Trust with interest thereon as provided in said Note, plus fees, charges and ex- penses of the Trustee and of the trusts created by said Deed of Trust. DATED: 05/29/2011 RECONTRUST COMPANY, N.A. 1800 Tapo Canyon Rd., CA6-914- 01-94 SIMI VALLEY, CA 93063 Phone: (800) 281 8219, Sale Infor- mation (626) 927-4399 By: Trust- ee’s Sale Officer RECONTRUST COMPANY, N.A. is a debt collec- tor attempting to collect a debt. Any information obtained will be used for that purpose. ASAP# FNMA3993233 06/07/2011, 06/14/2011 05/31/2011, Classified Ads Sell!! Call 527-2151 Website: redbluffdailynews.com E-Mail: advertise@redbluffdailynews.com For Tuesday, May 31, 2011 – Daily News 5B Legal Notices Legal Notices LEGAL NOTICE NOTICE OF TRUSTEE’S SALE TS No. 11-0012508 Title Order No. 110104333 Investor/Insurer No. 1699561031 APN No. 031-300-44-1 YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED 05/09/2005. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER." Notice is hereby given that RECONTRUST COMPANY, N.A., as duly appointed trustee pursuant to the Deed of Trust executed by CHRISTINE E. SAMP- SON AND JOACHIM HAFNER, dat- ed 05/09/2005 and recorded 05/17/05, as Instrument No. 010807, in Book 2707, Page 099), of Official Records in the office of the County Recorder of Tehama County, State of Califor- nia, will sell on 06/21/2011 at 2:00PM, At the main entrance to the Tehama County Courthouse, 633 Washington Street, Red Bluff, CA 96080 at public auction, to the highest bidder for cash or check as described below, paya- ble in full at time of sale, all right, title, and interest con- veyed to and now held by it un- der said Deed of Trust, in the property situated in said County and State and as more fully de- scribed in the above referenced Deed of Trust. The street ad- dress and other common desig- nation, if any, of the real proper- ty described above is purported to be: 1430 DONITA DRIVE, RED BLUFF, CA, 96080. The under- signed Trustee disclaims any li- ability for any incorrectness of the street address and other common designation, if any, shown herein. The total amount of the unpaid balance with inter- est thereon of the obligation se- cured by the property to be sold plus reasonable estimated costs, expenses and advances at the time of the initial publica- tion of the Notice of Sale is $215,469.40. It is possible that at the time of sale the opening bid may be less than the total in- debtedness due. In addition to cash, the Trustee will accept cashier’s checks drawn on a state or national bank, a check drawn by a state or federal credit union, or a check drawn by a state or federal savings and loan association, savings asso- ciation, or savings bank speci- fied in Section 5102 of the Finan- cial Code and authorized to do business in this state. Said sale will be made, in an ’’AS IS’’ con- dition, but without covenant or warranty, express or implied, re- garding title, possession or en- cumbrances, to satisfy the in- debtedness secured by said Deed of Trust, advances thereunder, with interest as pro- vided, and the unpaid principal of the Note secured by said Deed of Trust with interest thereon as provided in said Note, plus fees, charges and ex- penses of the Trustee and of the trusts created by said Deed of Trust. DATED: 05/29/2011 RECONTRUST COMPANY, N.A. 1800 Tapo Canyon Rd., CA6-914- 01-94 SIMI VALLEY, CA 93063 Phone: (800) 281 8219, Sale Infor- mation (626) 927-4399 By: - Trustee’s RECONTRUST COMPANY, N.A. is a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. ASAP# FNMA3992035 05/31/2011, 06/14/2011 Sale Officer 06/07/2011, How to Find A Garage Sale Look in the Classified ads of the Red Bluff Daily News (530) 527-2151