Did Herbie Catch Hollowhornbear Stealing Bar Booze?

These three men are alcoholics. This is why they are homeless. It’s labor Day, time to party! It’s time to party everyday. All three walk into the Oasis, and get thrown out. No booze for the party. Dejected, they go to the Golden West where beers are spendy. They grumble because they are not going to get as shit-faced as they like.

Eugene brought the bag so he could hide the store-bought beer in it. Throw some clothes on the beer just in case the cops want to look in the bag. I don’t see them drinking in this warehouse. They might have been going under the freeway where many homeless people live.

Herbert has to take a piss. He has asked me to watch the place, when he had to go. As soon as the bathroom door shuts, Eugene tells Friend to grab the bottles with the spouts , why he tried the cash register. It opens. Eugene grabs the cash in a hurry, as Kelly heads out the door, he not wanting to be a part of this. Herbie exits the bathroom, and sees the cash register open. Going out the door, Herbie says;

‘I’m calling the cops! I know who you are!”

Eugene rushes behind the bar brandishing a knife. Friend tries to stop the trusts. The cries for mercy must have been hard to take. Mae opens the bathroom door and sees our friend trying to defend himself with his bare hands.

There was talk about going to his mother’s funeral, and, stealing a car. The price of gas was $1.22 a gallon. A hundred and sixty gallons will get you there and back. The got $280 dollars, plus stamps and welfare checks. Did they go? Did tribal members see them? On his own turf, did Hollowhornbear make Kelly and Friend take a vow they will never tell? Just don’t tell the truth.

Did the Oakland cops check to see if any station wagons were stolen? Always remember, the prime directive of an alcoholic is to get booze in his tummy. The Oasis is the only place to buy booze for two miles. If they stole a station wagon, they might have parked it so they could get to the stolen booze. They don’t need to buy more.  Dawn breaks.

These three men are now wondering if Herbie is still alive. Did they hear he was, and, began to belabor their alibis? So much of this is bullshit. Lawyers are everywhere. You do not want tribal attorneys – and a nosy press. Herbie dies – without regaining consciousness? Why? If he did come to, he would be horrified to see he could not move his head or lift his arms. If he didn’t try to call the police, he would be pouring drinks.

Kelly did see the theft of the bar bottles, and may have seen someone going for the cash register. He walks out before the stabbing. When he sees his fellow drunks emerge, he knows they got booze. All three walk to a place they can drink the booze. After a few swigs, Kelly is told they stabbed Herbie. He tosses his bottle away, in disgust. How would you like to hear Kelly’s First Step. Why wouldn’t they stay close by to see if a ambulance came? How long did one take? Did they finish off their first bottle, then dug in the bag for another, as Herbie lost quarts of blood?

Alcoholics do not like to go to jail or prison. Why is that?

Jon Presco

Kelley started walking towards them, but then decided he wanted to get away, and turned the corner and began walking down Webster Street toward 13th Street. After turning right on 13th Street, he reached Harrison Street and crossed a parking lot. Defendant and Hollowhornbear followed and caught up with him in the parking lot, where Hollowhornbear handed Kelley a bottle with a pour spout on it, and asked him to hold it for a second. Kelley held it for a while and then threw the bottle into some nearby bushes. Kelley noticed that Hollowhornbear’s gym bag contained between four and six bottles, some of which had spouts on them and appeared to be bar bottles. After tossing the bottle, Kelley jogged back to the warehouse on his own.

http://www.leagle.com/decision/In%20CACO%2020090720042/PEOPLE%20v.%20FRIEND

https://en.wikipedia.org/wiki/Hollow_Horn_Bear

“a group of homeless alcoholics

http://caselaw.findlaw.com/ca-supreme-court/1116191.html

Kelley, who became the prosecution’s main witness, said he had been at the bar earlier with Friend and Gene Hollowhornbear but left before the crime. The defense contended that Kelley lacked credibility and that Hollowhornbear—who had been vocal about needing money to go to South Dakota for his mother’s funeral—was the killer.

After the murder, police began coming to the warehouse to investigate. After these police visits, Moody saw defendant talk to Dennis French, another resident of the warehouse, and then saw defendant pack up his clothes and leave. About two weeks later, Moody saw defendant back at the warehouse and Moody asked him what he had done.   Defendant said that he had robbed the Golden West Bar, sliced the bartender’s neck, and stabbed him.   Defendant said he used the knife he bought from Kelley, which he then ditched.   Defendant said that he took all the money, around $280 from the cash register, and that Hollowhornbear had been with him at the bar. After the crime, they stole a station wagon from downtown Oakland and “partied the money off.” 9Asked why he had done it, defendant replied, “You got to do what you got to do.

Defendant denied the substance of Kelley’s testimony.   He denied that he ever suggested to Kelley that the three of them should rob the bar, denied ever robbing the bar, and denied taking any money or liquor bottles from the bar.   He denied running with Kelley and Hollowhornbear back to the warehouse, hiding the knife, or going with Kelley to throw his clothes into the water at Jack London Square.   He denied having a steak dinner with Kelley at the Jack London Inn the night of the murder.   He denied cutting the throat of the victim or telling Kelley that he had done so.   He acknowledged owning a black security-type jacked but stated it had been destroyed in a house fire prior to the night of the killing.

Tuesday, July 21, 2009

 

Page 1

 

S.C. Upholds Death Sentence, Rejects Misconduct Claim

Justices Reject Claim That Witness Had Secret Immunity Deal

 

By KENNETH OFGANG, Staff Writer

 

The California Supreme Court yesterday unanimously upheld an Oakland man’s death sentence, rejecting claims that a witness may have received a secret immunity deal and that several prosecutors—one of whom later became a Court of Appeal justice—improperly vouched for the witness’s credibility.

The justices, with Justice Marvin Baxter writing the opinion, said prosecutors were properly allowed to rebut defense claims of misconduct in the case against Jack Wayne Friend for the killing of an Oakland bartender during a $300 robbery 25 years ago.

Alameda Superior Court Judge Alfred A. Delucchi, now retired, sentenced Friend to death in 1992 for the 1984 stabbing murder of Herbert Pierucci at the Golden West Bar in downtown Oakland. Pierucci was found semiconscious with at least six stab wounds to his neck on the evening of Labor Day in 1984 and died four days later.

The bar’s cash register was empty, and it was estimated that $300 was missing. Kevin Kelley, one of a group of homeless alcoholics, including the defendant, who lived in an Oakland warehouse with the owner’s permission, told police he saw Friend with a knife right after the crime, and that Friend admitted robbing and stabbing the bartender.

Kelley, who became the prosecution’s main witness, said he had been at the bar earlier with Friend and Gene Hollowhornbear but left before the crime. The defense contended that Kelley lacked credibility and that Hollowhornbear—who had been vocal about needing money to go to South Dakota for his mother’s funeral—was the killer.

Defense counsel cited evidence that the district attorney’s victim-witness program had provided Kelley with money for expenses and had said Kelley had been given immunity in an application to the state for additional funds, The head of that program said the information would normally have come from a district attorney investigator.

To rebut the claim that Kelley had been given immunity, prosecutors called Joanne Parrilli, Jerry Curtis and Angela Backers as witnesses. Curtis and Backers were still in the District Attorney’s Office at the time of trial; Parrilli was an Alameda Superior Court judge at the time and later became a justice of the First District Court of Appeal, from which she retired.

All three testified that as deputy district attorneys, they reviewed the case and concluded that Kelley was a witness, and not a participant in the robbery and murder. They each testified that they did not promise Kelley immunity and knew of no such promise.

Also testifying was Albert Meloling, the assistant district attorney who oversaw all Oakland-area capital cases, and he also testified that he had no knowledge of any immunity agreement with Kelley.

Jurors found Friend guilty of first degree murder, but deadlocked as to the robbery-murder special circumstance. At a second trial involving most of the same testimony, jurors found the special circumstance allegation to be true and opted for the death penalty following a penalty phase at which prosecutors presented evidence of numerous prior violent criminal acts by the defendant, including the 1977 rape of a North Hollywood neighbor.

On appeal, Baxter rejected the defense claim that the prosecutors had gone beyond mere rebuttal testimony and had been allowed to bolster Kelley’s credibility.

 “Defense counsel’s argument was not only that Kelley had been offered immunity but that the prosecutor could have prosecuted Kelley as an accomplice but agreed not to do so in exchange for his testimony,” Baxter explained. “The testimony of Parrilli, Curtis and Backers included the district attorney’s office’s assessment of Kelley’s involvement in the crime, which was that he was a witness, not a participant. The challenged testimony therefore was relevant to rebutting the defense argument that the prosecution had leverage over Kelley because it could have prosecuted him as an accessory in the robbery murder.”

Baxter also rejected the argument that Delucchi abused his discretion by excluding evidence of Hollowhornbear’s military training. The defense contended the evidence was relevant because the nature of Pierucci’s wounds made it likely that the person who killed him had been trained in weapons use.

Delucchi noted that there was nothing in Hollowhornbear’s military records specifying that his training involved knives or other stabbing weapons. The trial judge reasoned that in the absence of such specific training, the records would not support the claim that Hollowhornbear, rather than Friend, was the killer.

In concluding no error occurred, Baxter wrote:

“It was well within the discretion of the court to exclude Hollowhornbear’s military records and the speculative testimony required to explain their possible relevance because presenting this evidence would have been time consuming and confusing to the jury.”

The court also rebuffed the contention that the trial prosecutor, Theodore Landswick, had made derogatory comments that deprived the defendant of a fair trial. Some of the comments were fair characterizations of the evidence, Baxter said, while others were improper but were not prejudicial because the prosecutor was promptly admonished by the judge.

The case is People v. Friend, 09 S.O.S. 4368.

 

The California Supreme Court today upheld the death penalty for a man convicted of killing an Oakland bartender during a $300 robbery 25 years ago.

Jack Wayne Friend was sentenced to death in Alameda County Superior Court in 1992 for the 1984 stabbing murder of Herbert Pierucci, a bartender at the Golden West Bar in downtown Oakland.

Pierucci was found semiconscious with at least six stab wounds to his neck on the evening of Labor Day in 1984. He died four days later. About $300 was stolen from the bar’s cash register.

Friend, who at the time was homeless and was living in an Oakland warehouse, denied stabbing Pierucci and testified at his trial that he had seen a knife in the hands of his accomplice in the robbery.

The seven justices of the state high court, in a ruling issued in San Francisco, unanimously upheld the conviction and sentence in a 117-page ruling.

The panel turned down a series of appeal arguments in which Friend claimed his trial was unfair because of errors in jury selection and instructions and derogatory comments made about him by the prosecutor.

Friend’s attorney in the appeal was not immediately available for comment.

Friend’s direct appeal to the state Supreme Court was the first step in the death penalty appeals process in California.

He also has a separate habeas corpus petition pending before the state high court and has the right to file a similar petition in the federal court system.

States with Matches: Nebraska and South Dakota.

  • Our top match for Eugene Hollowhornbear is an individual named Eugene Hollowhornbear, 57 years old, related to Orlando Little Bear. We found Eugene in Omaha, NE, 68102.

    Name Eugene Hollowhornbear
    Age 57
    Locations Omaha, Nebraska, in zip codes 68102, 68131, and 68108.
    Sioux Falls, South Dakota 57104
    Relatives Orlando Little Bear
    View Record

Possible Criminal Or Traffic Records associated with the name Eugene Hollowhornbear

Location/County: Sd Sex Offender Registry
Date of Birth: August 24, 1959
Ethnicity: American Indian
Address: 703 Adams Street, Rapid City, SD 57701
Case Number: S0599298EUGHOL
Charge Type: Sex Offender
Offense: Federal – Abusive Sexual Contact
Arrest Disposition: Registered
Conviction Date: August 28, 1989
Conviction Place:  

Location/County:
Charges/Offense: Federal – Abusive Sexual Contact
Date of Birth: August 24, 1959
Ethnicity: American Indian
Address: 703 Adams Street, Rapid City, SD 57701
Case Number: S0599298EUGHOL
Charge Type: Sex Offender
Offense: Federal – Abusive Sexual Contact
Arrest Disposition: Registered
Conviction Date: August 28, 1989

About Royal Rosamond Press

I am an artist, a writer, and a theologian.
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1 Response to Did Herbie Catch Hollowhornbear Stealing Bar Booze?

  1. Reblogged this on Rosamond Press and commented:

    I was going to go to Oakland to attend my friend Ed Howard’s presentation on Oakland History when I found this history. I had Herbie put my portrait of Rena over the bar. Several months later he asked if he could give it to his mother who saw it. She hung it over her fireplace. This ghastly event added to my PTSD.

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