On Monday morning, January 13, 2003, Shasta County Superior Court Judge Wilson Curle signed an Order dismissing all charges, and freeing Richard James Almeda, 21, after nearly three years incarceration for a crime that never existed. It seems that an agog mental health therapist overreacted from, but failed to confirm, statements made to him by the then 18 year old Almeda, and called the police. From the very beginning the two alleged victims of child molestation, 12 and 14 year old brothers, maintained nothing had ever happened to them. Nevertheless, an overzealous Redding Police Investigator, Tracy Hall, through what has come to be known in Shasta County as "creative police tactics," coerced and manipulated the alleged victims' statements, then tailored her police report to show Almeda had molested the 12 year old while the 14 year old was present. 

The two boys came home from school one day complaining to their mother about being subjected to intense high pressure police questioning, coercion, attempts to put words and statements into their mouths, and refusing to listen to the truth--nothing happened. 

In a hysteria reminiscent of the McMartin School fiasco, failing to listen to the alleged victims' denials of ever being molested, the ultrazealous Shasta County Special Prosecutory for sex crimes, Kelly Kafel, fervently prosecuted Almeda. This is the same special prosecutor whose state funding was cut last year forcing Shasta County to fund her efforts from the County General Fund. It should also be noted Investigator Hall's exhusband, Scott Hall, is presently serving a seven year prison sentence for child molestation, which brings into question her objectiveness in these type of cases. 

On February 17, 2000, the nightmare began for Almeda when he was arrested. He was subsequently arraigned and appointed the Contract Public Defender Office of Steven Kennedy, who failed to investigate and even became a surrogate prosecutor by pushing for a plea bargain deal, threatening him with being sent to prison for a very long time if he did not accept the deal, suppressing the exculpatory statements of the boys, finally frightening and coercing Almeda into accepting a plea bargain. 

The Kennedy Office attorneys have become known as "deal makers." Due to the large number of cases they handle under their contract, they have little time for each individual case, making case resolution in Shasta County a matter of statistics rather than justice. In addition to this case, the Kennedy Office attorneys have previously botched other cases such as Wallace Endicott and Jerry Wayne Morgan, where appellate courts have found Ineffective Assistance of Counsel. 

The plea bargain for Almeda included an eight year suspended prison sentence, probation, and participation in a Sex Offender Rehabilitation Treatment ("SORT") program. This caused immediate problems since one of the program requirements is for the offender to admit his or her misdeeds. They did not accept the truth--nothing ever happened--even refusing to allow the alleged victims verify Almeda's story. The therapist ended up stressing Almeda to the point of him having an anxiety attack during therapy which required ambulance transportation to a hospital. He was terminated from the SORT program because the therapist could not handle his emotional outbursts. This makes one ask, then what is a therapist's job description, and is this particular therapist in the wrong business? 

Program termination triggers a Violation of Probation ("VOP") process. To this the prosecution added two charges of incidental contact with a minor. One of these occurred when his mother showed up at a house where he was staying and had a minor with her. The other was for when, at 10:30 at night, he went to Toys R Us along with his mother and five other adults. Because there were a couple of minors at the other end of the store, this was considered a probation violation by overzealous authorities. 

After another round of legal gaffs, where Almeda tried twice, unsuccessfully, to have the Kennedy Office replaced. Then to no avail the two boys showed up at court proceedings wanting to testify. Later the Kennedy Office attorney Katherine Pearl botched an opportunity to have the incidental contact charges dismissed when Judge Curle questioned their reasonableness and appeared poised to dismiss them. Instead, she interrupted stating, "It's OK Your Honor, he is going to plead guilty to it anyway." Then after being assured by Pearl that if he plead guilty to the VOP charges, his probation would be reinstated and he could go home. He was shocked when he was instead eventually sent to prison for eight years as a result of his plea. 

On appeal, Appellate Attorney Ms. Sharon M. Jones of Ventura, was appointed to represent Almeda. She filed a direct appeal, and on May 21, 2002, she also filed a Petition for a Writ of Habeas Corpus, the results of which were realized this morning. 

However, to add insult to injury, the Shasta County Jail is refusing to release Almeda, claiming he must be sent back to prison to be released. Just a few more weeks of Shasta County justice for a man the court ordered freed. 

Tom Watson 
January 13, 2003