CHRONOLOGY

PEOPLE V. CARLOS HERRERA-VILLATE

COURT OF APPEAL NO. B195347

Attorney: Carico

Client: Herrera-Villate; Abbreviated CVH

DATE

Incident/

Occurrence

What to Do

Source

April 30, 1999

Mother, Lisa Duncan, attempts to take girls from biological father in Kansas and leave for Texas. Alleges that bio father grabbed girls by the hair and dragged them off the bus. She alleges Davis broke her nose three times, but she did not report him.

TRO

July 26, 2001

Lisa Duncan (Herrera) files TRO against girl's biological father claiming physical and emotional abuse. Living in Palmdale with fiancee Carlos Herrera

Find and interview bio father (James Davis)

lived in Wichita, Kansas in 1999.

Call Antelope Valley Courthouse and get a copy of the file.

TRO

Case No. MDO23850

March 2003

Carlos Herrera notices bizarre behavior in father; accusing Jasmine of drinking alcohol and having sex in front of family; told family he had seen blood on bathroom floor and thought it was due to Jasmine's sexual activity. CVH gave CH literature on beating black people; Jasmine and Jurnee are part black race.

OCJP report, Nurse Wehr, Narrative History

unknown

In Van Nuys at CVH's--Jasmine claims CVH called her into house, rubbed leg and crotch

Sheriff's Incident Report–Interview of Jasmine

August 2003

CVH moves to Palmdale

Sheriff's Supplemental Report–Interview of Carlos Herrera

October 2003

CVH starts to come around the family trailor, and would watch girls while father attended school and wife did errands

Sheriff's Supplemental Report-Interview of CH

November 2003

CH asks father to stay in their trailor because CVH had no heating

Sheriff's Supplemental Report

Nov-Dec. 2003

CVH spends many nights at trailor

Sheriff's Supplemental Report

March 2004

Jasmine–CVH touched leg, crotch, then put her hand on exposed penis, locked herself in bathroom

Sheriff's Incident Report

March 27, 2004

Jurnee-CVH rubbed her butt over underwear; followed her to bedroom, put pinky into her vagina

Sheriff's Incident Report

April 2, 2004

Morning

CVH comes to Wildflower Elementary school and speaks to receptionist about Jasmine having an infection and bleeding. Receptionist refers him to health aid.

Incident Report; Social Worker's Report

April 2, 2004

Morning

CVH asks Berquist about age of onset of puberty for girls; that Jasmine had started her period; he took her to doctor for antibiotics; picks up clothes in their bedroom; Jasmine must have been molested because she put her mouth on his penis; he never touched girls.

Incident Report; Social Worker's Report

April 2, 2004

Health Aide Berquist contacts school counselor Scherick who tells CVH they would look into what he was saying; Scherick (counselor) interviews Jasmine who reports sexual abuse. Jasmine says she will not talk to social worker.

Social Worker report; incident report

April 2, 2004

Scherick contacts child abuse hotline

April 2, 2004

2:15 p.m.

CSW Pat Clement arrives at school, spoke to Scherick who said that CVH was rambling about Jasmine having an infection

Incident report, and social worker's report

April 2, 2004

CSW interviews Jasmine, Jurnee and Linda.. Linda reports she told her parents more than once that CVH was saying nasty things to the girls; was in their bedroom; and kissing Jurnee all over her face; and CVH told Jurnee he wanted to French kiss her.

Social worker's report

April 2, 2004

CSW calls Palmdale Sheriff's station and requests a deputy; watch commander says "that woman" (Scherick) called 5 times to have a deputy go to the school.

social worker's report

April 2, 2004

Jasmine, Jurnee, Linda interviewed by Sheriff's Deputy Redding. Jasmine reluctant to interview, so Scherick sits in on interview

Sheriff's Incident Report

April 2, 2004

Linda tells Deputy Redding that she told her parents CVH was doing something to Jurnee and Jasmine

Sheriff's Incident Report

April 2, 2004

CVH in the school lobby asking CSW whether girls were "detained." CSW informs Redding CVH is in lobby and CVH is arrested for sexual battery.

Social worker's report

April 2, 2004

children detained and put in temporary foster care by CSW

Social worker's report

April 5, 2004

children returned to parents with a voluntary 301 contract.

Social worker's report

April 6, 2004

CSW Clement told by SCSW that there is a history of problems with the family; parents were informed of specific instances of abuse, and failed to take action; children to go to foster care on 5/6/04

CSW report

April 9, 2004

Jasmine, Jurnee and Carlos Herrera interviewed by Detective Tania Owen

Supplemental Report

April 23, 2004

SART exam with Nurse Wehr scheduled. Step-
father appears but mother cannot make it, so Wehr reschedules appointment

OCJP Form, Narrative History, Nurse Wehr

April 26, 2004

SART Exam with Wehr; mother interviewed, said Linda told her CVH saying nasty things to them, kissing them, and going into their room. Mother moved CVH to the living room

OCJP report, narrative history

April 28, 2004

Pre-plea probation report completed

probation report

April 29, 2004

Carlos Herrera calls probation officer. Girls have started counseling (who is counselor?) Says both girls were possibly physically and emotionally abused, as was wife, from biological father. Says Jasmine does not want counseling, and Jurnee feels they are picking on her.

Find out name of counselor, and obtain records.

Interview biological father

May 11, 2004

Attorney reviews supplemental police report and notes there were no tape recordings of interviews.

Ask Rubel if he is aware of AG standards for child abused interviews, and whether he requested police officer training records for Tania Owen.

Trial counsel's file

August 25, 2004

Investigation Request to Interview: Sherick, Lisa, Carlos, Linda, Jasmine & Jurnee

Interview Attorney Rubel and ask if this investigation was ever done and who asked for it.

Trial Counsel's File

June 22, 2005

Court appoints Kory Knapke, M.D. and Jack Rothberg, M.D. to do PC 1368 evaluations of CVH:

Augmentation Motion

July 7, 2005

Rothberg examines CVH.Rothberg concludes CVH has a delusional disorder, possibly schizophrenia, and that he should be on an anti-psychotic to reduce symptoms.

Check with Rubel to see if client was on anti-psychotics at the time of trial.

Augmentation motion.

July 12, 2005

Knapke examines CVH. Knapke suspects the defendant has grandiose and delusional thoughts about working in brain research, but could not validate or invalidate because he had no documentation. Defendant says that while working at Sepulveda VA a metal plate came out of an air duct and struck him in the head. Said he was taking classes at the University in Northridge, CA. CVH claimed a second job working with handicapped children. CVH denied auditory hallucinations. Knapke cannot rule out dementia due to organic cause for CVH's condition and wants a neuro-
psyciatric workup. CVH does not know what a plea bargain is.

Find out from attorneys if they ever tried to interview VA Hospital staff to determine if what CVH said was true.

Did they ever ascertain whether he attended Cal. State Northridge?

Interview brother or son and find out if CVH worked with handicapped children.

Did attorneys ever tell the 1368 doctors that CVH was having hallucinations?

Did they find anything out about the psychiatric history from the VA records they subpoenaed?

Was a neuro–psychiatric exam ever sought?

Augmentation Motion.

November 28, 2005

Proceedings suspended for another PC 1368 proceeding on competency

Augmentation

December 6, 2005

Gordon Plotkin, M.D. examines CVH. Concludes he has a major mental disorder and is not competent. Interviews CVH for 45 minutes. CVH did not understand pleas, plea bargains. Did not know how he would defend the charge. Talks about his auditory hallucinations about hearing a girl in a room below the jail. Finds him incompetent.

Augmentation

January 18, 2006

Offer to plea–34 years. CVH says there is a tunnel under the mobile home leading to a neighborhood boy's house and that he molested the girls. Attorney Rubel notes that the defense is no molestation or penetration

Trial counsel's file

PD-caselog.pdg

January 20, 2006

Kory Knapke, M.D. examines CVH at Men's Central Jail

Augmentation

January 24, 2006

Knapke files report. Notes that he received no documentation that CVH had a medical workup he recommended. His brother states that he believes his brother is not in his "right-
mind." Kanpke asks CVH if he can read minds, and CVH states that inmates in other cells are repeating words he stated to figure out if he is a spy. Kanpke concludes defendant has a low grade psychosis, but does not believe it interferes with ability to cooperate with attorney. CVH now understands plea bargains.

Ask Rubel if there was a medical workup

Augmentation

March 21, 2006

Attorney Walter Katz emails Rubel and says he has not had a doctor or anybody review interviews of the girls

Find out if Phil Esplin reviewed the reports of girl's interviews, ask for his notes if any.

Email from Katz to Rubel

May 4, 2006

Attorney handwritten note that CVH was having delusional thoughts. Could hear one of the girls crying. Told attorney that a neighbor boy used an underground tunnel so that he could sneak into the house to molest the girls. Note says CVH is not a 1365 because he knows who the attorney and DA are

Trial counsel file

PD-caselog.pdg