California Insurance Commissioner Steve Poizner's office said Glenn Neasham, 50, was arrested Tuesday based on an investigation conducted by his agency.

“Insurance agents or brokers who steal from vulnerable seniors will not get away with their shameful tricks,” said Commissioner Poizner. “CDI investigators will continue working to track down any unscrupulous agent who preys on California's seniors.”

Neasham is charged with felony theft from an elder with two special allegations, the first for taking or damaging more than $50,000 in property and the second for a theft that is alleged to have totaled more than $100,000.

Lakeport attorney Mitchell Hauptman, who is representing Neasham, called the case “another one of the DA's famous flights of fantasy.”

Senior Deputy District Attorney said Neasham could face five years in prison if convicted, with four years for the first count, an additional year for the first special allegation and a limitation on probation if he were found guilty of the second special allegation.

The Lake County District Attorney's Office filed the case based on the state investigation, which began in 2008 after the California Department of Insurance received a report from the Savings Bank of Mendocino County.

Neasham, doing business as Glenn Neasham Insurance Agency, is alleged to have sold a $175,000 annuity to a then-83-year-old client on Feb. 6, 2008.

The Savings Bank of Mendocino County alerted local officials after the alleged victim and her elderly boyfriend came in to withdraw $175,000 from a certificate of deposit to purchase the annuity in February 2008, court records showed.

Abelson said banks are mandatory reporters in such cases, with the reports often going to Adult Protective Services, local law enforcement or other agencies.

Hauptman said that the court documents actually allege no wrongdoing, and the alleged victim neither suffered a loss nor filed a complaint.

The California Department of Insurance said the investigation determined that the alleged victim lacked the mental capacity to enter into this contract, and that the terms and conditions of the annuity contract were not in her best financial interest.

In the investigative reports the state investigator found that the woman who purchased the annuity appeared confused at times. The woman also was said to be under the control of her boyfriend, who was named as the beneficiary on the annuity rather than the woman's son, with whom she reportedly had a strained relationship.

The son of the alleged victim told the state investigator that his mother had Alzheimer's, but Neasham told the investigator he was not aware that the woman had any such condition.

“It is insulting to assume that just because she is old she lacks the capacity to manage her affairs,” Hauptman said.

No charges have been filed against the woman's boyfriend. Abelson said the investigation did not yield any findings of wrongdoing against the man, who had been a client of Neasham's for about 10 years at the time of the annuity's purchase, based on investigation documents.

Lake County News could not reach a California Department of Insurance spokesman by the end of Thursday to ask additional questions about the case.

Hauptman said in the nearly three years since the annuity was written, there has been no request for any change in its status, and it has actually shown a greater rate of return than the CD that was the previous financial arrangement.

In that time the woman has never requested any changes be made to the annuity, and she's making money, he said.

He said there is no evidence that Neasham received any particular benefit from the annuity sale, other than his normal commission on such a transaction.

Hauptman said that the state licenses agents to sell annuities, which have stringent requirements attached to them. He said the only thing that's suggested is that the woman purchasing the product didn't completely understand the product, which Hauptman said isn't a crime. “They're confusing products.”

The confusion the state investigator attributed to the woman who purchased the annuity “does not rise to justification for this frivolous criminal charge,” Hauptman said.

Hauptman said Neasham is set to make his first court appearance in the case in February.

The California Department of Insurance invites anyone who believes they may have been a victim of Neasham to call the agency at 707-751-2005.

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From left, Robby Beasley and Elijah McKay have been charged with murder and special allegations for the Jan. 22, 2010, murders of Yvette and Frank Maddox, whose bodies were found in early March near Lower Lake, Calif. Lake County Jail booking photos.

LAKEPORT, Calif. – Two men have been charged in the January murders of a Maine couple in what could end up being a death penalty case.

On Wednesday morning, Robby Alan Beasley, 30, was arraigned before Judge Richard Martin in Lake County Superior Court's Lakeport branch.

Beasley, who is from Maine, and 28-year-old Elijah Bae McKay of Lower Lake are each charged with two counts of homicide for the Jan. 22 murders of Yvette Maddox, 40, and her husband Frank Maddox, 32.

McKay is due to be arraigned Thursday morning, officials reported.

The partially decomposed bodies of the Maddoxes were found at the bottom off an embankment off of Morgan Valley Road near Lower Lake on March 4 by a pair of Sonoma County men traveling through the area, as Lake County News has reported.

The sheriff's office said an autopsy revealed the two had both sustained gunshot wounds, as well as other unspecified injuries.

In addition to the murder charges, Beasley and McKay also face special allegations of committing multiple murders in the first or second degree, committing the offenses with the intent to inflict great bodily injury on the victims and using a 9 millimeter firearm in the killings.

Beasley is further alleged to have a prior serious or violent felony conviction. Court records show that in June 2007 he was convicted in Kennebec County, Maine, of criminal threatening with a firearm.

Beasley, who has been in custody since March 6, only nodded when Judge Martin asked if he understood the charges.

The judge told him he had to speak for the record, not just nod. Beasley answered with a barely audible “yes” when asked if he wanted the court to appoint an attorney.

Martin appointed attorney Stephen Carter to represent Beasley, who is scheduled to return to court Friday morning before Judge Andrew Blum.

Senior Deputy District Attorney Art Grothe asked Martin to hold Beasley without bail.

“As it's charged right now, it's a capital matter,” Grothe said as several Lake County Sheriff's detectives looked on from the gallery.

Martin agreed to the no bail request.

Grothe told Lake County News that, as the case is currently charged, if Beasley and McKay were to be convicted, they would face either life without the possibility of parole or the death penalty.

“The decision whether or not to seek the death penalty is normally made later in the case, after the preliminary hearing is conducted,” he said.

Grothe added, “I would expect that in this case the decision will be made by the incoming district attorney (Don Anderson) after he has had time to review the matter and meet with the prosecuting attorney, investigating officers and other relevant personnel.”

The case filing was the result of a nine-month investigation into the murders, according to Capt. James Bauman of the Lake County Sheriff's Office.

Within days of the discovery of the bodies, detectives with the Lake County Sheriff’s Major Crime Unit learned that Beasley had apparently hired the Maddoxes to come to Lake County several months

prior to help him with a marijuana operation, Bauman said.

Bauman said the couple had been reported as missing about a month before the discovery of their bodies.

While still considered only a person of interest in the Maddox case at the time, Beasley was located near his home in Clearlake only two days after the bodies were found and arrested on an unrelated arrest warrant out of Maine, according to Bauman's report.

Investigators subsequently served search warrants on two homes Beasley was known to frequent, which Bauman said resulted in additional charges of marijuana cultivation.

According to a previous sheriff's office report, detectives learned that Beasley had reportedly convinced the Maddoxes to give him a ride to the Sacramento airport during the last week of January, which they agreed to do.

There also had been a report that Beasley had previously threatened one of them with a gun.

It was a week into the investigation when detectives identified McKay as another person of interest in the case, Bauman said. McKay was arrested for marijuana cultivation, possession for sales and weapons charges following a search warrant service on his home.

Bauman said McKay posted a $10,000 bond and was released the same day he was arrested.

With his marijuana case still pending in Lake County, detectives learned in October that McKay had apparently fled California and was believed to be in Atlanta, Bauman said.

Rob Brown, a local bail bondsman who also serves as a county supervisor, held McKay's bond. Brown surrendered the bond from March, traveled to Georgia to retrieve McKay and brought him back to Lake County.

Bauman said McKay has remained in the county jail since Oct. 19.

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This van narrowly missed going into Clear Lake near Lucerne, Calif., after its tire blew as it was being driven along Highway 20. Photo by Gary McAuley.

The crash occurred on Highway 20 just east of Lucerne shortly after 5 p.m., according to the California Highway Patrol.

The driver was heading eastbound when the right front tire on the white van blew, according to reports from the scene.

When the van left the pavement and hit the shoulder, the soft earth pulled it from the roadway and onto the rocks on the shoreline, about 8 feet below.

The CHP, Lake County Sheriff's Office and Northshore Fire Protection District responded to the scene.

At the scene the driver and lone passenger denied injury and remained on scene viewing the recovery of the vehicle by the tow company.

The crash caused the roadway to be shut down for a brief time.

Gary McAuley contributed to this report.

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Several Pacific frontal systems will bring rain and winds to Lake County and much of Northern California beginning Friday, with periods of moderate rains likely Friday night, according to the National Weather Service in Sacramento.

Forecasters predict rain accumulations of up to 5 inches through Sunday afternoon.

On Wednesday, forecasters stated that copious amounts of rainfall were in store for most of Northern California, including Lake County, and warned that the approaching storm systems were comparable to the systems that deluged northern Lake County in mid-December of 2005.

The December 2005 storms caused Scotts, Middle and Alley creeks to overflow, flooded downtown Upper Lake and required evacuations in Scotts Valley.

However, the National Weather Service in Sacramento stated on Thursday that confidence in current weather models are low and advise residents to monitor current conditions.

Snowfall accumulations of several feet are expected over the higher elevations, with varying amounts of snow above 3,500 feet according to predictions.

Computer models are currently suggesting moderate to heavy rain will occur late Monday into Wednesday with widespread flooding possible, but again, forecasters state that the storm track may change.

Rains are predicted throughout the day Friday, with heavy rains through Sunday, with daytime highs in the mid-40s and lows in the mid-30s, with the same pattern holding throughout next week.

For up-to-the-minute weather information, please visit the Lake County News homepage.

E-mail Terre Logsdon at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow Lake County News on Twitter at http://twitter.com/LakeCoNews , on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews .

Glenn Andrew Neasham, 50, of Kelseyville was taken into custody by a Lake County District Attorney's Office investigator Tuesday afternoon, according to court and jail records.

He later was released on $20,000 bail.

Neasham – known as “The Safe Money Guy” – is owner of Neasham Financial and Insurance Group and OxyboostH20!, based in Lakeport.

He is charged with felony theft from an elder that the District Attorney's Office alleges took place between Feb. 1 and Feb. 28, 2008.

The case, filed by Senior Deputy District Attorney Rachel Abelson, is based on an investigation largely carried out by the California Department of Insurance.

It alleges that Neasham “committed theft and embezzlement” against the property of the then-83-year-old female client, with the property valued at more than $950.

Neasham is also charged with two special allegations – that he “took, damaged or destroyed” property of more than $50,000 and that the theft totaled more than $100,000.

The investigation was triggered when, in February 2008, the Savings Bank of Mendocino County made a report because the alleged victim came in to take out $175,000 in order to purchase an annuity, according to case documents.

The California Department of Insurance received a report on the case in May 2008 and assigned an investigator who subsequently interviewed the alleged victim, her boyfriend – who has been named the annuity's beneficiary – and Neasham.

The report stated that Neasham at various times provided information and at other times reportedly yelled at the investigator and threatened to bring legal action for defamation.

The alleged victim's son told the investigator that his mother had Alzheimer's disease. The investigator noted in her report that the woman often seemed confused and also appeared to be under the control of the boyfriend, who case documents indicated had been a client of Neasham's for about 10 years.

Neasham told the investigator he was not aware of an Alzheimer's diagnosis, and maintained that he was working hard to get his client a good return on her money, as he said he had done for other clients.

In late June and early July of 2009, the investigator got copies of Neasham's newspaper ads guaranteeing 13.575 percent returns on first-year investments with his annuities.

When the investigator contacted Allianz Life Insurance Co., for which Neasham is authorized to sell insurance, the company informed her that it hadn't approved the ads.

At the time, Neasham also had a billboard outside of Lakeport advertising the 13.575 percent return.

The California Department of Insurance did not return a call by end of business Wednesday.

However, the agency's online license search showed Neasham's licenses to still be active, with both – one for accident and health and one for life insurance – set to expire next March.

The database cautions, however, that not all information is current, but it is not clear if licenses can be put on hold while prosecutions take place.

The state database shows no history of enforcement actions against Neasham, who is authorized to sell insurance for Guaranty Income Life Insurance, Lincoln National Life Insurance, London Pacific Life & Annuity, Transamerica Life Insurance, Equitrust Life Insurance, Aviva Life and Annuity and Allianz Life Insurance.

His booking document indicates he's set to appear in court Feb. 7.

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The Local Safety and Protection Account, a special account that funds a number of local public safety services – including the Rural Sheriffs Program – that are crucial to local law enforcement and help county district attorneys prosecute cases, is scheduled to end on June 30, 2010.

Chesbro’s AB 9 X1 and AB 66 would ensure this important funding continues so that our communities can remain safe.

“This funding is vitally important to local law enforcement programs, especially in rural California,” said Chesbro, who represents a vast district in far Northern California comprised of rural communities. “It represents the majority of state funding to local public safety. Sheriffs in the First Assembly District tell me that losing this funding will devastate law enforcement services in their counties.”

The funding means about $500,000 per year to sheriff’s departments eligible to participate in the Rural Sheriffs Program.

Six to 10 patrol positions will be eliminated from the Humboldt County Sheriff’s Department alone without extending the funding for Local Safety and Protection Account, said incoming Sheriff Mike Downey.

“Without this funding it will decimate our patrol force,” Downey said. “There will be a direct impact on the number of deputies we can put on the street. Our law enforcement to outlying areas will cease to exist.”

“This bill is the most significant piece of legislation that I’ve seen in the past four years,” added Mendocino County Sheriff Tom Allman. “Assemblymember Chesbro understands the seriousness of the situation and has stepped up to be a friend of law enforcement.”

Principal coauthors of this legislation are Assemblymember Cathleen Galgiani and Senators Michael J. Rubio and Lois Wolk.

Coauthors are Assemblymembers Bill Monning, V. Manuel Pérez, Steven Bradford, Jose Solario, Norma Torres, Bob Wieckowski and Mariko Yamada and Sen. Noreen Evans.

The legislation is supported by the California State Sheriffs Association, California Police Chiefs Association, California Peace Officers Association, Chief Probation Officers Of California, California Narcotic Officers Association, California District Attorneys Association, California Coalition Of Law Enforcement Associations, California Fraternal Order Of Police and Peace Officers Research Association Of California.

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On Thursday Capt. Kurt Smallcomb reported that in October the agency was contacted by federal and state agencies regarding information they had received in regards to a threat of a possible violent act to be committed against a deputy sheriff.

Mendocino County Sheriff's detectives shared information with the other agencies in an attempt to determine whether or not the threats were true, Smallcomb said.

On Dec. 8 Mendocino County detectives and agents from the Federal Bureau of Investigation developed further information that corroborated a possible financial transaction had taken place in order to fulfill the threats, with a view toward achieving the deputy's death, he said.

Then on Thursday Smallcomb said Mendocino County Sheriff's personnel, with the assistance of agents and officers from the FBI, Drug Enforcement Administration, State Parole, Mendocino County Probation, Willits and Ukiah Police, Multi Agency Gang Task Force and the Major Crimes Task Force conducted a series of probation and parole searches in an attempt to conduct or establish further leads into the listed violations.

Smallcomb said the Thursday action resulted in the search of 12 locations and contacts with numerous persons who were either on probation or parole. In addition, other people who had possible information into the criminal act were contacted.

Salvador Ramirez, 35, was arrested and booked into the Mendocino County Jail for improper entry by an alien, Smallcomb said.

In addition, Smallcomb said Jorge Martinez, 22, was booked into the Mendocino County Jail for a parole violation and sales of marijuana.

At another location a total of 75 pounds of processed marijuana was recovered, Smallcomb said.

Smallcomb said law enforcement is continuing the investigation and further arrests regarding threats and solicitation for commission of a violent act are expected.

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The Lake County Sheriff's Office reported that on Dec. 3 a deputy responded to a residence on Spring Valley Road regarding a residential burglary.

Numerous items were missing from the home including several high caliber rifles, ammunition, motorcycles, televisions and other entertainment accessories, according to the report.

Also stolen was a 1997 Range Rover Defender 90 four wheel drive vehicle, which the sheriff's office said has a body style similar to that of a Jeep Wrangler.

The stolen Range Rover was painted fire engine red with a roof rack and snorkel style air intake system, according to the sheriff's office. This vehicle is very rare and completely restored.

The owner's insurance company has agreed to pay a $1,000 reward for information leading to discovery of the vehicle or apprehension of the suspect or suspects.

The Spring Valley area has had other recent burglaries, officials reported.

On Nov. 23 deputies located a Harley Davidson motorcycle in the living room of a residence on Larches Way in Spring Valley.

The motorcycle was eventually identified as stolen from another residence in Spring Valley, and deputies seized the motorcycle pending notification of the owner.

Anyone with information regarding the stolen Range Rover is asked to contact Lake County Sheriff's Office Investigations Bureau at 707-262-4247.

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John-Wesley Davis returns an interception to the Salesian 29-yard line in the fourth quarter of the North Coast Section Division 4 title finals in Saturday, December 11, 2010, in Martinez, Calif. Photo by Ed Oswalt.

MARTINEZ, Calif. – The Middletown Mustangs held an imposing 21-7 lead with eight minutes left in the fourth quarter of the North Coast Section (NCS) Division IV final in Martinez Saturday night, but couldn’t hold on and ultimately lost to the Salesian Pride 28-21 in overtime.

It was the second year in a row the Mustangs lost their final game in overtime.

“Another heartbreaker,” Mustangs Head Coach Bill Foltmer said about the loss, “and it seems like we’re the ones that have been coming up on the short end of the stick here.”

For the first three quarters, the NCS final was dominated by defensive play on both sides – a very different scenario from Middletown’s season opener, when these two teams last played each other.

“When you look back at that game, both of our defenses were terrible,” Pride head coach Chad Nightingale said about their previous encounter. “One thing that’s really happened (since then) is both of our defenses have gotten a heck of a lot better.”

That was certainly true of the Mustangs, when they used their resolute defensive skills to stop an impressive 13-play, 65-yard Salesian opening drive at their own 14-yard line.

Jake Davis takes to the air on a one-yard touchdown leap, bringing Middletown even at 7-7 in the second quarter of the North Coast Section Division 4 title finals in Saturday, December 11, 2010, in Martinez, Calif. Photo by Ed Oswalt.

But the Pride is a well-rounded team with a potent offense that includes a mix of solid running coupled with precision passing from quarterback Ikaika Woolsey, and they weren’t denied on their second possession when running back Aaron Prier took it in from four yards out to give Salesian a 7-0 lead.

“Well, you could see how athletic that team was,” Foltmer said about the Pride. “They’re running every formation at you, and they’re motioning this and that.”

After Jereomy Hoefer carried the ensuing Salesian kickoff 63 yards downfield to the Pride 30-yard line, the Mustangs rallied behind the lengthy runback to score their first touchdown of the game, capped by a one-yard Jake Davis airborne dive above the goal-line pile.

With staunch defense on both ends, the score stood tied at 7-7 until the third quarter.

That’s when the Mustangs took the lead on a run-only drive from their two powerful backs, Davis and David Pike, and Davis scored his second touchdown of the night, this time from two yards out.

Middletown held the 14-7 lead going into the fourth quarter, until John-Wesley Davis picked off an errant Woolsey pass and ran it back to the Salesian 30-yard line.

Middletown quarterback Kyle Brown evades Salesian's Joey Marchini in the third quarter of the North Coast Section Division 4 title finals in Saturday, December 11, 2010, in Martinez, Calif. Brown completed 6 passes in 12 attempts. Photo by Ed Oswalt.

The Mustangs need just two plays – a 29-yard run from Hoefer and a 1-yard push from Jake Davis for his third touchdown of the game – to take advantage of the Salesian turnover.

With just eight minutes left in the game and having scored the last two touchdowns, Middletown seemed firmly in control and on their way to winning the title championship.

“We had momentum, we were up by 14 points,” Foltmer said about the lead.

But the feeling was short-lived, and the momentum quickly shifted.

Salesian’s Marcial Malic took the subsequent Danny Cardenas kickoff 53 yards downfield to the Mustang 39-yard line, and after a 15-yard personal foul against Middletown’s Luke Parker was added, the Pride started the drive needing only 24 yards to score.

And score they did, just three plays later, on a four-yard carry from Prier.

“More than anything else, our kids didn’t quit,” Nightingale said about his team. “I didn’t need a Vince Lombardi speech when we were down 21-7. They were successful because they believed they could be successful.”

Salesian's scrambling senior quarterback Ikaika Woolsey completed 14 of 20 passes and ran for 68 yards in the North Coast Section Division 4 title finals in Saturday, December 11, 2010, in Martinez, Calif. Photo by Ed Oswalt.

After stopping the Mustangs with a three-and-out, Salesian needed just nine more plays on their next drive to tie the score at 21-all with a one-yard quarterback keep from Woolsey and just 1:51 left on the clock.

“Once the momentum goes away from you, there’s not anything you can do,” Foltmer said about the forth quarter Salesian rally. “And you could see it in our kids.”

The 21-21 tie score held until regulation play ended, when the NCS uses what is commonly referred to as a “Kansas tiebreaker” for overtime games, where both teams receive the ball on the opponent’s 10-yard line and have just four plays to score a touchdown followed by a point after attempt.

The Pride won the coin toss, elected to start on offense, scored in the air on their first play – a 10-yard bullet from Woolsey to Davion Mize – and added the extra point.

“Now the Middletown kids,” Nightingale said about scoring first in overtime, “you know their stomachs are a little bit tighter because they’ve got to make sure they score to equal.”

Trailing 28-21, the Mustang’s overtime got off to a rocky start with a five-yard false start penalty, and they were unable to make up the yardage needed to convert the touchdown.

Jereomy Hoefer's 28 yard run to the one-yard line led to Jake Davis's third touchdown of the game and gave Middletown a 21-7 lead with 8:17 remaining during the North Coast Section Division 4 title finals in Saturday, December 11, 2010, in Martinez, Calif. Photo by Ed Oswalt.

“What everyone always says is ‘defense wins championships’,” Jake Davis said about the overtime loss. “They stopped us for that last touchdown and we didn’t stop them, so their defense won the championship.”

“Hats off to Bill Foltmer and his staff – a great Middletown team, and a great group of seniors led by Jake Davis,” Nightingale said about the Mustangs.

“I don’t think anybody thought anything other than the fact that Middletown would be the toughest game we would play all year long.” Nightingale continued. “That’s a great team, that’s a great staff and we didn’t expect anything different.”

“It was a heartbreaker, wasn’t it?” Foltmer said about the overtime loss. “It’s like it’s there, and you’re reaching for that and then – boom – it’s just sucked away.”

David Pike led Middletown with 75 yards rushing in the North Coast Section Division 4 title finals in Saturday, December 11, 2010, in Martinez, Calif. Photo by Ed Oswalt.

Foltmer continued: “For me, I couldn’t be prouder of these kids. I think the mark of a coach is, ‘Did your kids play hard for you?’ And these kids played their hearts out for me, so there’s really no negatives for me to say about anything in this game.”

“I feel bad for the kids, I feel bad for the community,” Foltmer lamented. “All the people that drove an hour and 45 minutes here – the place was packed with Middletown fans, they threw a little breakfast for us before we got on the bus, people were lined on the street when we left town – I mean, I couldn’t ask for more support from our community.”

“I feel like, God, we just let this opportunity slip away from us,” he said.

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Salesian's Joey Marchini dives to the one yard line on a 23-yard pass play with with 2:24 left, setting up the Pride's tying touchdown during the North Coast Section Division 4 title finals in Saturday, December 11, 2010, in Martinez, Calif. Photo by Ed Oswalt.

Ultimately, it was the Salesian Pride of Richmond celebrating the North Coast Section Division 4 title after a 28-21 overtime win over Middletown on Saturday, December 11, 2010, in Martinez, Calif. Photo by Ed Oswalt.

WASHINGTON, DC – On Thursday the U.S. Department of Agriculture announced the availability of the final environmental impact statement (EIS) that evaluates the potential environmental effects of deregulating alfalfa genetically engineered (GE) to be resistant to the herbicide glyphosate, which is known commercially as Roundup.

This GE alfalfa is commonly referred to as Roundup Ready (RR) alfalfa.

“Our goal with the EIS, first and foremost, is to recognize and consider the many concerns that we have heard from all segments of agriculture,” said Secretary Tom Vilsack. “We are equally committed to finding solutions that support not only the developers and users of biotechnology products, but growers who rely on purity in the non-genetically engineered seed supply.”

Meanwhile, groups like the Center for Food Safety – which brought a lawsuit on the crop in 2007 that resulted in a ban of the crop until further analysis took place – urged a permanent ban on genetically modified alfalfa.

“The only option that will protect organic and conventional alfalfa growers and dairies is for the USDA to deny any approval of GE alfalfa,” said Andrew Kimbrell, executive director of the Center for Food Safety. “We are disappointed that the agency has not made this one of its preferred options but are encouraged that it remains an option being considered by the agency.”

In March 2010, more than 244,000 people submitted comments to the USDA critiquing the substance and conclusions of its draft EIS on GE Alfalfa. In addition, more than 300 public interest organizations, farmers, dairies, retailers and organic food producers from the U.S. and Canada delivered a strongly worded letter to USDA, calling upon it to deny approval of Monsanto’s genetically engineered, Roundup Ready alfalfa (GE alfalfa).

USDA considered three alternatives during the preparation of the final EIS: 1) to maintain the RR alfalfa's status as a regulated article; 2) to deregulate RR alfalfa; or 3) to deregulate RR alfalfa with geographic restrictions and isolation distances for the production of RR alfalfa.

USDA said it has thoroughly analyzed the potential environmental impacts of the proposed alternatives and has listed two preferred options: deregulation as one option and the other deregulation accompanied by a combination of isolation distances and geographic restrictions on the production of GE alfalfa seed and, in some locations, hay.

By listing both options as preferred, USDA has considered plant pest issues as well as broader environmental and economic issues related to the coexistence between genetically engineered, non-genetically engineered, and organic alfalfa production.

USDA maintained that biotechnology holds great promise for agriculture here in the United States, and around the world.

The agency's announcement stated, “There's absolutely no doubt of the safety of the many products USDA's regulatory system has approved.” The examination of these issues through the EIS process, however, highlighted some of the challenges USDA faces in the area of biotechnology regulation as it aims to meet the expectations of its diverse stakeholders.

“We have seen rapid adoption of biotechnology in agriculture, along with the rise of organic and non-genetically engineered sectors over the last several decades,” Vilsack said. “While the growth in all these areas is great for agriculture, it has also led, at times, to conflict or, at best, an uneasy coexistence between the different ways of growing crops. We need to address these challenges and develop a sensible path forward for strengthening coexistence of all segments of agriculture in our country. All are vital and a part of rural America's success. All should be able to thrive together.”

Vilsack said that USDA will use this opportunity to begin a conversation on how to move forward and find strategies for strengthening coexistence. “We will partner with all those who want to roll up their sleeves and work with us and each other to find common sense solutions to today's challenges. And we will do so openly and transparently.”

The agency said that it is important to note that the EIS is not a decision document. It is an analysis of the impacts of the various alternatives with regard to their potential environmental and related economic impacts.

The final EIS will be available for public review for at least 30 days before USDA will publish a record of decision on how it will proceed.

APHIS will be submitting the EIS to the Environmental Protection Agency for publication in the Federal Register, and USDA anticipates that EPA will publish a notice that the final EIS on RR alfalfa is available for public review in the Federal Register on December 23, 2010.

A copy of the EIS provided to EPA can be reviewed at www.aphis.usda.gov/biotechnology/downloads/alfalfa/gt_alfalfa%20_feis.pdf.

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MOFFETT Field, Calif. – NASA Ames Research Center, Moffett Field, Calif., has entered into a five-year Non-Reimbursable Space Act Agreement with the California Department of Forestry and Fire Protection (Cal Fire) to use NASA technology and capabilities to help support the management and mitigation of wildfire disasters.

“The two entities have had an ad-hoc partnership for the last 25 years and this agreement formalizes our working relationship and allows the two agencies to explore new and exciting technology developments and capabilities that support the needs of the people of California,” said Vince Ambrosia, NASA Ames principal investigator and senior scientist of the collaborative effort.

“Cal Fire is proud to formalize its partnership with NASA,” said Chief Ken Pimlott, director of Cal Fire. “Under this agreement we will cooperatively explore the use and future transfer of advanced fire sensing technology. This in turn, will benefit the public we serve by helping CAL FIRE increase situational awareness and response efficiency.”

NASA has developed an innovative visible, infrared and thermal sensor called the NASA Autonomous Modular Scanner (AMS).

The scanner has operated on both NASA’s Ikhana Predator B Unmanned Aerial Vehicle (UAV) and the manned NASA B200 King Air both operated by the Dryden Flight Research Center at Edwards, Calif.

The scanner provides real-time wildfire imaging data over large-scale disaster events in the western United States and particularly in California.

The innovations include performing all processing on-board the aircraft autonomously and relaying the information through a satellite communications system to disaster managers located anywhere in the world.

The system performed flawlessly during several major wildfire events in southern California in 2007 and during the lightning fires in Northern California in 2008.

Those missions were flown aboard the NASA Ikhana UAV. More recently, the team has focused on integration and operation of the sensor aboard the manned B200 King Air aircraft.

“The B200 has more rapid response capability than the Unmanned Aerial Vehicles. The exciting element is that we have the ability to use different platforms as the mission requirements change,” Ambrosia said.

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Michael Gil Truscott, 31, was arrested in October 2009 for the shooting death of 30-year-old Anthony Cruz on Sept. 4, 2009, as Lake County News has reported.

But on Monday the case was dismissed, according to Stephen Carter, Truscott's defense attorney from the Carter & Carter Law Offices in Lower Lake.

“That means that the District Attorney's Office has realized that they cannot prove their case based on the witnesses and investigation they have to date,” Carter said.

Carter added, “Without going into detail, it is safe to say the prosecution had some huge witness credibility issues to overcome.”

Chief Deputy District Attorney Richard Hinchcliff said that the case is not going to be closed, and that the investigation is continuing.

“Since charges were originally filed, we conducted an extensive amount of investigation that has resulted in other information that we were previously unaware of,” he said.

Because of that information, Hinchcliff said the District Attorney's Office didn't believe it could convince 12 jurors beyond a reasonable doubt that Truscott committed the charged offenses.

“We've come to the point where if we take this to trial now, we believe there's a strong likelihood that we're going to lose this case,” he said.

If that were to happen, jeopardy attaches, and Truscott couldn't be recharged in the future, Hinchcliff said.

Hinchcliff said that, because of the ongoing nature of the investigation, he couldn't discuss other possible suspects.

Cruz was at the window of his Spruce Avenue home in Clearlake when he was killed by a single gunshot wound to the chest, according to police reports.

Clearlake Police Department investigators alleged that Cruz was confronting someone in his yard who was allegedly stealing marijuana from him when he was fatally shot.

Carter said marijuana trimmings were recovered at the scene, but a firearm was never located.

Truscott was arrested and charged based in part on a confrontation he allegedly had with Cruz in public several weeks before the shooting, Carter said. It was alleged that Cruz beat Truscott severely during that fight.

When Truscott was located and arrested a month and a half after the shooting he was in a state prison in Tracy on a parole violation.

Truscott was placed on a parole hold as a result of prior convictions against him and booked into the Lake County Jail on Nov. 23, 2009, where he has remained since on $1 million bail.

Carmen Walsh, a 40-year-old Clearlake resident, was arrested as an accessory after the fact in the homicide. Deputy District Attorney John DeChaine said the case against Walsh was dismissed on Nov. 6, 2009, due to lack of evidence.

DeChaine also wouldn't comment further on the case, noting, “The investigation had not stopped since the night Mr. Cruz was killed.”

The dismissal came about a month before the case's jury trial – which had been expected to last eight weeks – was set to begin, Carter said.

Carter said he was pleased with the result. “My view has always been that the state of the evidence was such that this case was going to end in either a dismissal or an acquittal at jury trial,” and it was a good decision to save potential jurors the time and expense of a lengthy trial.

On Monday morning Truscott remained in custody at the Hill Road Correctional Facility in Lakeport. A remaining violation of probation charge also was handled Monday and Truscott was released from custody by day's end.

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow Lake County News on Twitter at http://twitter.com/LakeCoNews , on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews .