Bergstrom to appeal for new trial

Bergstrom to appeal for new trial

There are 195 comments on the Monterey County Herald story from Sep 24, 2009, titled Bergstrom to appeal for new trial. In it, Monterey County Herald reports that:

The jury forewoman in the sexual assault trial of Dr. Carl Bergstrom said this week that jurors convicted the Carmel physician on the theory his victim was too drunk to give consent.

Join the discussion below, or Read more at Monterey County Herald.

Since: Sep 09

Carmel Valley, CA

#157 Aug 18, 2011
DMo wrote:
<quoted text>
Sit down, take off your McDonalds apron and listen to yourself. I think the kitchen grease is getting to your brain. Repeat after me "Do you want fries with that?".
Is this you answering the questions that I asked? If so, could you please point out those answers? Thank you.
DMo

Twin Falls, ID

#158 Aug 18, 2011
sunnycali wrote:
<quoted text>
Is this you answering the questions that I asked? If so, could you please point out those answers? Thank you.
So I bet you are wondering how I found out you work at McDonalds and that you barely have a GED. For someone as opinionated as you are,you don't have much academic or work history to show for it.I have to admit...you had us fooled for a minute. But hey, at least you are working for a living. Good luck on that! Sunnycali the happy meal girl.
DMo

Twin Falls, ID

#159 Aug 18, 2011
I find the following informative and applicable to Dr. Bergstroms situation...

Renee Sherrer-Daly wrote:
This is not the first time Judge Scott has denied evidence from being heard in a trial. In my husband's trial, we have tapes of the mother "coaching/haranging" her daughter to make sexual molestation claims in a previous false sexual allegation AND a recantation made by that same young girl. Yet none of this inflammatory evidence was allowed in my husband's trial. Also, there was an extortion email in which the ex-wife threatened him that if he didn't agree to sign papers changing the custody arrangements, she would bring sexual molestaiton charges against him. He wouldn't sign the papers, the charges were broght against him, Judge Scott disallowed this evidence. The jurors had nothing to base their decision upon except for the evidence the Prosecutor presented because our evidence (there's even MORE than these two examples) was disallowed. We also have evidence of the ex-wife a) perjuring herself, b) commiting grand theft larceny, c) commiting tax fraud, d) commiting insurance fraud, e) commiting identity theft, and not to mention, kidnapping his children and holding them from him with threats of destroying his life with child molestation charges if he didn't do what she wanted. He finally stood up to her and she did it, she made the claims, and now he is in jail and wrongfully convicted. Justice is a sham in Monterey County. They will deny it but the only way to prove it is not a sham is to allow ALL the evidence in the trial and see what happens. Our attorney, for the FIRST time in his 30-year career, asked for a mistrial in my husband's trial, it was that much of a sham. Of course, Judge Scott denied the mistrial Surprise!

Since: Jan 09

Location hidden

#160 Aug 18, 2011
You know, DMo, for a few posts there (#145, 147 & 148) you were actually starting to sound like a reasonable person. Then, you blew it by getting nasty and personal. Now this, quoting Renee Sherrer-Daly of all people. Do you know who she is? Her husband, like Carl, was a physician and is now a felon; he is a convicted child molester. She was suspected of helping him flee the country. If you're looking to lend credibility for your arguments, she's probably not the best source.

Here's an excerpt from an article in the Monterey County Weekly:
http://www.montereycountyweekly.com/news/2006...
Wife of a convicted child molester investigated for helping husband evade arrest.
By Ryan Masters
Thursday, January 26, 2006
Local prosecutors have been investigating Renee Daly, wife of convicted child molester James Daly, in an effort to uncover the extent of her role in aiding her fugitive husband since his sudden flight last April.

Stephanie Hulsey, the Deputy District Attorney who is prosecuting James Daly, declined to comment about whether or when Renee Daly would be charged with any crime. However, documents obtained by the Weekly show that Melanie Rogers, lead investigator for the District Attorney’s office, believes that Renee Daly aided her husband in fleeing the country and evading arrest, actions which could make her an accessory to a felony.
Daly, who was arrested in May 2004, skipped his sentencing hearing on April 12, 2005. He had been tried on charges of aggravated assault, kidnapping and forcible rape of a preteen girl.

He was subsequently convicted in absentia on 10 counts of molesting a family member between the ages of 5 and 12. His conviction was based, in part, on police recordings of Daly’s phone conversations with the victim, in which he said that she had been his “love object.”

He faces a maximum sentence of 58 years in prison.

In an application for a search warrant filed last April by the DA’s office, Rogers states:“I have reason to believe and do believe that [Renee Daly] has aided James E. Daly’s ability to flee and evade arrest…” The document also stated that Rogers believed Renee Daly would continue to aid her husband with the proceeds from the sale of their Carmel Valley home.

Since: Sep 09

Carmel Valley, CA

#161 Aug 18, 2011
DMo wrote:
<quoted text>
So I bet you are wondering how I found out you work at McDonalds and that you barely have a GED. For someone as opinionated as you are,you don't have much academic or work history to show for it.I have to admit...you had us fooled for a minute. But hey, at least you are working for a living. Good luck on that! Sunnycali the happy meal girl.
Yes, I'm wondering how you found out that I work at McDonald's. Could you please tell me which one it is because I surely don't want to be late to work....

If this is an example of your fact-finding abilities, they are woefully lacking. Where DO you get your information?(Yes, you're correct, I do suspect you're retrieving it from your arse.)
DMo

Twin Falls, ID

#162 Aug 19, 2011
sunnycali wrote:
<quoted text>
Yes, I'm wondering how you found out that I work at McDonald's. Could you please tell me which one it is because I surely don't want to be late to work....
If this is an example of your fact-finding abilities, they are woefully lacking. Where DO you get your information?(Yes, you're correct, I do suspect you're retrieving it from your arse.)
Saw you at Kathy's Little Kitchen the other day. I should have stopped and said hello. You sure can woof those taco's!
DMo

Twin Falls, ID

#163 Aug 19, 2011
eleve wrote:
You know, DMo, for a few posts there (#145, 147 & 148) you were actually starting to sound like a reasonable person. Then, you blew it by getting nasty and personal. Now this, quoting Renee Sherrer-Daly of all people. Do you know who she is? Her husband, like Carl, was a physician and is now a felon; he is a convicted child molester. She was suspected of helping him flee the country. If you're looking to lend credibility for your arguments, she's probably not the best source.
Here's an excerpt from an article in the Monterey County Weekly:
http://www.montereycountyweekly.com/news/2006...
Wife of a convicted child molester investigated for helping husband evade arrest.
By Ryan Masters
Thursday, January 26, 2006
Local prosecutors have been investigating Renee Daly, wife of convicted child molester James Daly, in an effort to uncover the extent of her role in aiding her fugitive husband since his sudden flight last April.
Stephanie Hulsey, the Deputy District Attorney who is prosecuting James Daly, declined to comment about whether or when Renee Daly would be charged with any crime. However, documents obtained by the Weekly show that Melanie Rogers, lead investigator for the District Attorney’s office, believes that Renee Daly aided her husband in fleeing the country and evading arrest, actions which could make her an accessory to a felony.
Daly, who was arrested in May 2004, skipped his sentencing hearing on April 12, 2005. He had been tried on charges of aggravated assault, kidnapping and forcible rape of a preteen girl.
He was subsequently convicted in absentia on 10 counts of molesting a family member between the ages of 5 and 12. His conviction was based, in part, on police recordings of Daly’s phone conversations with the victim, in which he said that she had been his “love object.”
He faces a maximum sentence of 58 years in prison.
In an application for a search warrant filed last April by the DA’s office, Rogers states:“I have reason to believe and do believe that [Renee Daly] has aided James E. Daly’s ability to flee and evade arrest…” The document also stated that Rogers believed Renee Daly would continue to aid her husband with the proceeds from the sale of their Carmel Valley home.
This is about the judge, not the defendent. It shows a pattern of predatory behavior, half-truths, and predjudice by him. Did the judge haul in JD2-3 to testify against this guy too?

Since: Jan 09

Location hidden

#164 Aug 20, 2011
DMo wrote:
<quoted text>
This is about the judge, not the defendent. It shows a pattern of predatory behavior, half-truths, and predjudice by him. Did the judge haul in JD2-3 to testify against this guy too?
It was understood that your posting of Sherrer-Daly's letter was intended to make your/Carl's claims of wrongdoing on the part of the judge more believable. IMO, it doesn't.

What might do that is an explanation of what motive the judge would have to engage in "…predatory behavior", replete with "…half-truths, and prejudice…". Why would he do that? Why against Carl? What examples/facts/proof do you have to back those assertions?

At least Sherrer-Daly's letter cites examples (i.e, tapes of the mother coaching the daughter to make allegations, an extortion email). Are you able to do the same?

Since: Jan 09

Location hidden

#165 Aug 20, 2011
DMo wrote:
<quoted text>
You mention that "Carls Alcoholism" is on record? What kind of record? Does he have a DUI? Does he have any record of being violent? Has he been arrested for actions involving alcohol?
Has he been formally reprimanded by a court or other entity for alcohol abuse? Where is this evidence? I know about his rehab, but that was not for alcohol.


Not 100% on this but believe Carl had at least one DUI. It's been some time - maybe 10-15 years ago.

His rehab was for substance abuse. Most people who abuse intoxicants have a "substance of choice" but will use/abuse another to get high when that's not available. They are instructed to avoid all such, at least during the acute phase of their recovery, if not throughout their lives.

Since: Sep 09

Carmel Valley, CA

#166 Aug 20, 2011
DMo wrote:
<quoted text>
This is about the judge, not the defendent. It shows a pattern of predatory behavior, half-truths, and predjudice by him. Did the judge haul in JD2-3 to testify against this guy too?
Really? Predatory behavior? That's a stretch from you- even after the imbibing. And once again, the irony of your statement just completely eludes you, doesn't it? Let's look at those words, shall we? And let's see who those words fit so much better.
1. pattern of predatory behavior: something you engage in when people don't agree with you point of view, i.e., outing the JD's, naming names of people who don't want to have their names out their (most very likely because of people exactly like you). You posts have had to be removed - repeatedly - by the moderators.
2. half-truths: it's been pointed out over and over again that you engage in half-truths and outright lies.
3. prejudice: oh where to start, where to start....

In the mental profession what you're doing is called 'transference.' You're accusing someone else of those things of which you are guilty.

Since: Sep 09

Carmel Valley, CA

#167 Aug 20, 2011
DMo wrote:
<quoted text>
Saw you at Kathy's Little Kitchen the other day. I should have stopped and said hello. You sure can woof those taco's!
I thought it was McDonald's you claimed I worked at (with my barely obtained GED). Please make up your mind about which lie to spew and which person I am this week. Thank you.

Since: Sep 09

Carmel Valley, CA

#168 Aug 20, 2011
eleve wrote:
<quoted text>
It was understood that your posting of Sherrer-Daly's letter was intended to make your/Carl's claims of wrongdoing on the part of the judge more believable. IMO, it doesn't.
What might do that is an explanation of what motive the judge would have to engage in "…predatory behavior", replete with "…half-truths, and prejudice…". Why would he do that? Why against Carl? What examples/facts/proof do you have to back those assertions?
At least Sherrer-Daly's letter cites examples (i.e, tapes of the mother coaching the daughter to make allegations, an extortion email). Are you able to do the same?
Off topic - I can't remember whether Dr. Daly was returned to the United States to serve his sentence. The last I remember hearing is that he had been arrested in Uruguay and was awaiting deportation. Do you remember the outcome?

And thank you for always trying to be a voice of reason when responding to unreasonable people. You're very evolved!

Since: Jan 09

Location hidden

#169 Aug 20, 2011
sunnycali wrote:
<quoted text>
Off topic - I can't remember whether Dr. Daly was returned to the United States to serve his sentence. The last I remember hearing is that he had been arrested in Uruguay and was awaiting deportation. Do you remember the outcome?
And thank you for always trying to be a voice of reason when responding to unreasonable people. You're very evolved!


He was sentenced to the maximum term allowable (58 years). Sherrer-Daly's (undated) letter says he's at Corcoran.
http://www.cphcs.ca.gov/docs/responses/PR_200...

Excerpt from the KSBW article:
http://www.ksbw.com/news/11195714/detail.html
POSTED: 2:26 pm PST March 7, 2007
UPDATED: 9:40 pm PST March 7, 2007

http://www.ksbw.com/news/11195714/detail.html...

SALINAS, Calif.-- James Daly, the Carmel Valley doctor who fled the country during his trial on child molestation charges in April 2005, has been returned to Monterey County and now sits in jail, officials said Wednesday. Daly was arrested on Oct. 1, 2005, in Uruguay, seven months after leaving the country.

Excerpt from the High Beam article:
http://www.highbeam.com/doc/1P3-1346953621.ht...
US Fed News Service, Including US State News
June 19, 2007

The Monterey County District Attorney issued the following press release:
Monterey County District Attorney Dean D. Flippo announced today that on June 18, 2007, convicted child molester James Edmond Daly was sentenced to 58 years in state prison for 22 felony child molest charges that a Monterey County jury convicted him of on April 13, 2005. Daly, age 66, molested the victim between 1992 and 1999, when she was between the ages of 5 and 12.
DMo

Twin Falls, ID

#170 Aug 20, 2011
sunnycali wrote:
<quoted text>
Really? Predatory behavior? That's a stretch from you- even after the imbibing. And once again, the irony of your statement just completely eludes you, doesn't it? Let's look at those words, shall we? And let's see who those words fit so much better.
1. pattern of predatory behavior: something you engage in when people don't agree with you point of view, i.e., outing the JD's, naming names of people who don't want to have their names out their (most very likely because of people exactly like you). You posts have had to be removed - repeatedly - by the moderators.
2. half-truths: it's been pointed out over and over again that you engage in half-truths and outright lies.
3. prejudice: oh where to start, where to start....
In the mental profession what you're doing is called 'transference.' You're accusing someone else of those things of which you are guilty.
Sorry, I yawned so hard I had to pee....
DMo

Twin Falls, ID

#171 Aug 20, 2011
sunnycali wrote:
<quoted text>
I thought it was McDonald's you claimed I worked at (with my barely obtained GED). Please make up your mind about which lie to spew and which person I am this week. Thank you.
Sorry, I must be drunk or missguided, but exactly where in the post above do I claim you work at the Little Kitchen? Again,...GED.
DMo

Twin Falls, ID

#172 Aug 20, 2011
Even Mike Jones at Cachagua thinks you are nuts sunnycali. We've had some great laughs. Do you know the connection between Mike and Carl?

Since: Sep 09

Carmel Valley, CA

#173 Aug 20, 2011
DMo wrote:
<quoted text>
Sorry, I must be drunk or missguided, but exactly where in the post above do I claim you work at the Little Kitchen? Again,...GED.
I think if you read it again you'll find that I never claimed that you said that I worked at Kathy's Little Kitchen. What I said was, where do you pick up your lies. See the difference there?

Since: Sep 09

Carmel Valley, CA

#174 Aug 21, 2011
DMo wrote:
Even Mike Jones at Cachagua thinks you are nuts sunnycali. We've had some great laughs. Do you know the connection between Mike and Carl?
You really like to dabble in the libel, don't you? I don't know who is feeding you information but it isn't Michael Jones. Perhaps you should contact him about the lies that you're spreading about him. For the life of me, I just can't figure out what is wrong with you and why you think it's 'clever' to commit libel and/or to lie about - well - just everything. Why do you do that?
Michael Jones

Risingsun, OH

#175 Aug 21, 2011
Really, DMo. Suck a duck. Better yet, get a life. Carl was a crappy doctor 20 years ago when I worked across the street and didn't feel like driving back to the Village to my real doctor. Leave me out of your hallucinations.

Since: Sep 09

Carmel Valley, CA

#176 Aug 21, 2011
Michael Jones wrote:
Really, DMo. Suck a duck. Better yet, get a life. Carl was a crappy doctor 20 years ago when I worked across the street and didn't feel like driving back to the Village to my real doctor. Leave me out of your hallucinations.
My beauty boy!

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