UPDATE: Charles Berlinghoff, accused of kidnapping his 16 yr old niece Jeanne Berlinghoff, found hanging in his cell

LOL wrap and BJ.

Maybe they used protection and she knew how many to a box?

Just saying...

Saying he's innocent until proven guilty, Charles David Berlinghoff will get to test that long-held principle of justice beginning in August.

An Aug. 2 trial date was scheduled Monday in Shasta County Superior Court for the 44-year-old Berlinghoff, who's accused of having repeated consensual sex with his 15-year-old Redding niece and keeping her away from her parents for a month late last year.

Berlinghoff, who again objected to having a routine not guilty plea entered on his behalf, told Superior Court Judge Wilson Curle that he wished to declare himself innocent until proven guilty, saying a "not guilty" plea made it appear he was begging.

"I'm not begging the court for anything," he said.

Although it was not clear what he meant, Berlinghoff also agreed to waive his right to a speedy trial, allowing his public defender additional time to prepare his defense case.

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This guy is a nut case. He is not begging the court because in his eyes, he feels he has done nothing wrong. He had brainwashed this girl big time!! He reminds me of Charles Manson sans the murders (thank God!).

It is a relief she didn't get pregnant.

Charles David Berlinghoff is giving his public defender the silent treatment.

"He won't talk," Senior Deputy Public Defender Max Ruffcorn Sr. said following a Monday court hearing for his client. In addition, Ruffcorn said, Berlinghoff won't speak with a public defender's office investigator on the case.

"It makes it tough" to defend him, Ruffcorn said.

At Monday's hearing Superior Court Judge Wilson Curle confirmed Berlinghoff's Aug. 2 trial date.

Berlinghoff, 44, is accused of having repeated sex with his now-16-year-old Redding niece and keeping her away from her parents for a month late last year in a case that generated extensive local and some national media coverage.

A San Bernardino resident who once lived in Red Bluff, Berlinghoff allegedly started a sexual relationship with his teenage niece last fall. He faces about 40 years in prison if he's convicted of all the charges against him. He earlier had rejected a plea bargain calling for a 15-year prison sentence. There is no plea bargain offer now on the table.

He's accused of felony unlawful detention of a minor, 10 felony counts of providing lewd material to a minor, one felony count of arranging a meeting with a minor for a lewd purpose, 30 felony counts of lewd acts with a minor, 30 felony counts of incest, 15 felony counts of oral copulation and delinquency of a minor.

Berlinghoff remains in Shasta County jail with bail set at $1.6 million.

Meanwhile, Curle last week ordered Berlinghoff's brother, Jacob Daniel Berlinghoff, 33, to stand trial on charges that he fondled the girl three years ago.

Jacob Berlinghoff's trial is scheduled for July 20. He is charged with a single felony count alleging lewd and lascivious conduct with a child under 14, as well as annoying or molesting a child and sexual battery, both misdemeanors.

He faces a maximum of eight years in prison if convicted.

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Jacob Berlinghoff's trial is scheduled for July 20

Have we added this to the list of trials coming up?

BJ wrote:Charles David Berlinghoff is giving his public defender the silent treatment.

"He won't talk," Senior Deputy Public Defender Max Ruffcorn Sr. said following a Monday court hearing for his client. In addition, Ruffcorn said, Berlinghoff won't speak with a public defender's office investigator on the case.

"It makes it tough" to defend him, Ruffcorn said.





Berlinghoff remains in Shasta County jail with bail set at $1.6 million.

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The sicko Berlinghoff won't talk to his public defender? Good. Then maybe he'll go down for the maximum time. Keep your mouth zipped Charlie.

Uncle Charlie should have kept his pants zipped and he wouldn't be in all this trouble. Sicko pervert!

I couldn't have said it better BJ.

lindamarie wrote:

Jacob Berlinghoff's trial is scheduled for July 20

Have we added this to the list of trials coming up?

Yes.

June 20, 2011
Charles David Berlinghoff apparently had a lot to say Monday to a retired Shasta County Superior Court judge.

But it was all out of public earshot.

Berlinghoff — who has been giving his public defender the silent treatment as he fights nearly 100 felony counts alleging he repeatedly had sex with his then-15-year-old niece and kept her away from her parents for a month last year — had a 30-minute closed courtroom session before the judge to try to fire his senior deputy public defender.

Judge Richard McEachen cleared the courtroom after Berlinghoff requested the closed session, called a Marsden hearing, as he sought to have the public defender's office relieved of his criminal case.

The only others allowed to stay were Berlinghoff's senior deputy public defender, Max Ruffcorn Sr., a court reporter, a court clerk and two deputy marshals.

In the end, Ruffcorn, who declined to say what transpired during the half-hour closed hearing, remains as Berlinghoff's attorney.

But, he acknowledged, Berlinghoff is still refusing to speak with him about his case.

"We didn't resolve anything," Ruffcorn said. "But I'm still obligated to do what I can for him."

Berlinghoff is due to begin trial Aug. 2. In a separate action Monday his three inter-related criminal cases were consolidated to one. McEachen granted a prosecution's motion to lump the cases together to avoid repetitive trials.

The 44-year-old Berlinghoff, a San Bernardino resident who once lived in Red Bluff, allegedly started a sexual relationship with his now 16-year-old niece last fall and faces about 40 years in prison if he's convicted of all the charges against him.

He earlier had rejected a plea bargain calling for a 15-year prison sentence and, Ruffcorn said Monday, the offer to settle the case now calls for a 17-year prison sentence.

Ruffcorn has said his client's refusal to speak to him about the case makes it difficult to represent him. He said Berlinghoff could hire a private attorney to represent him if he has the funds to do so.

Or, he said, Berlinghoff could again try to represent himself.

In February, Berlinghoff said he wanted to fire his public defender and represent himself, but he refused to sign a form, called a Faretta waiver, to defend himself. He also refused to answer questions posed to him by Superior Court Judge Wilson Curle.

At that February hearing, Berlinghoff complained that his constitutional rights were being violated and that the form he was asked to sign to defend himself was a contract with the county that took away his rights.

"I do not agree with that form," Berlinghoff said at that hearing. " ... I do not feel I'm getting equal representation."

In discussing Berlinghoff's request to defend himself, Curle asked him questions about what that would mean and Berlinghoff's education level.

"If you are going to represent yourself I have to be assured you're capable," Curle said at the hearing. " ... Do you understand what you're doing?"

Early in the string of questions Curle asked Berlinghoff whether he had any college education. Berlinghoff replied that he had an associate degree in business administration.

As the questions continued, Berlinghoff stopped responding to Curle. He then sat motionless. When Curle asked whether he still wanted to represent himself, Berlinghoff remained mute.

Berlinghoff is accused of felony unlawful detention of a minor, 10 felony counts of providing lewd material to a minor, one felony count of arranging a meeting with a minor for a lewd purpose, 30 felony counts of lewd acts with a minor, 30 felony counts of incest, 15 felony counts of oral copulation and delinquency of a minor.

He remains in Shasta County jail in lieu of $1.6 million bail.

Meanwhile, Berlinghoff's brother, Jacob Daniel Berlinghoff, 33, is due to stand trial Sept. 20 on charges that he fondled his 16-year-old daughter three years ago.

He's charged with a felony count alleging lewd and lascivious conduct with a child under 14, as well as annoying or molesting a child and sexual battery, both misdemeanors.

He faces a maximum of eight years in prison if convicted.

Although the girl's name was widely reported while she was missing, the Record Searchlight is now withholding her identity because she is the alleged victim of sex crimes.

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A crazy child molester

Sporting a black eye and fat lip from a jailhouse fight with another inmate, Charles David Berlinghoff lost a last-ditch effort today in Shasta County Superior Court to have a new defense attorney appointed to represent him in his highly-publicized sex-crime case.

Berlinghoff, who was not seriously injured in the altercation with the unidentified inmate, sought in court to have his upcoming trial continued.

He claimed that family members, who were not named, are trying to retain out-of-area legal counsel, identified as Jeffrey Hammond, to represent him.

But Superior Court Judge James Ruggiero denied Berlinghoff’s continuance request, saying it was untimely.

His denial allows Berlinghoff to try again.

Berlinghoff, who is charged with nearly 100 felony counts, is accused of repeatedly having sex with his then-15-year-old niece and keeping her away from her parents for a month during her then mysterious disappearance last year.

Hammond, a criminal defense attorney in Napa, said today he was unfamiliar with the case and that no one from Berlinghoff’s family has contacted him to seek his services.

Although Berlinghoff, 45, had been scheduled for trial Tuesday, Ruggiero delayed the trial to Aug. 9 because the trial judge assigned to the case Friday, Bradley Boeckman, won’t be able to preside over it next week.

A brief hearing also is scheduled for Monday before Boeckman to discuss the process in which the jury is selected.

It’s estimated the trial, which should see Berlinghoff’s alleged victim testify, will take about four to six days, which includes jury selection.

Berlinghoff, who has been said to be uncooperative with his Shasta County senior deputy public defender, Max Ruffcorn Sr., originally wanted to represent himself.

He also unsuccessfully tried to fire Ruffcorn last month during a closed courtroom session.

Ruffcorn, who continues to be Berlinghoff’s attorney, has said his client’s refusal to speak to him about the case makes it exceedingly difficult to represent him.

Ruffcorn was off today, and Deputy Public Defender Amy Babbits filled in for him.

During an earlier proceeding this morning, Babbits told Superior Court Judge Wilson Curle that Ruffcorn is ready to go to trial on the case.

Or, at least, “as ready for trial as he ever will be” without the cooperation of his client, she said.

Deputy District Attorney Curtis Woods is the prosecutor.

Woods said during a break in the two related proceedings that he has about a dozen people on his witness list who may testify at the trial.

Among them is Berlinghoff’s now 16-year-old alleged victim.

Although the girl’s name was widely reported while she was missing for a month late last year, the Record Searchlight is now withholding her identity because she is the alleged victim of sex crimes.

Berlinghoff, a San Bernardino resident who once lived in Red Bluff, allegedly started a sexual relationship with his niece last fall.

He faces about 40 years in prison if he’s convicted of the charges against him.

With the case now getting closer to trial, Berlinghoff had earlier rejected a plea bargain calling for a 15-year prison sentence.

But Woods said today he would still consider any “reasonable” offer from Berlinghoff and Ruffcorn to try to settle the case.

Berlinghoff is accused of felony unlawful detention of a minor, 10 felony counts of providing lewd material to a minor, one felony count of arranging a meeting with a minor for a lewd purpose, 30 felony counts of lewd acts with a minor, 30 felony counts of incest, 15 felony counts of oral copulation and delinquency of a minor.

He remains in Shasta County jail with bail set at $1.6 million bail.

Meanwhile, Berlinghoff’s brother, Jacob Daniel Berlinghoff, 34, is still scheduled to stand trial Sept. 20 on charges that he fondled his daughter about three years ago.

He’s charged with a felony count alleging lewd and lascivious conduct with a child under 14, as well as annoying or molesting a child and sexual battery, both misdemeanors.

He faces a maximum of eight years in prison if convicted.

He has pleaded not guilty.

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Charles David Berlinghoff's defense attorney said Monday he will file a motion to have his client's upcoming sex-crime trial moved to another county because of all the publicity the case has received.

Max Ruffcorn Sr., senior public defender, told Shasta County Superior Court Judge Bradley Boeckman, who is assigned to preside over Berlinghoff's trial next week, that he will file a change-of-venue motion this week.

Boeckman said during the pretrial conference that he's likely to conditionally deny Ruffcorn's change-of-venue motion, saying he would reconsider it if it becomes clear during jury selection that a fair and impartial jury cannot be impaneled.

Two panels of 62 prospective jurors each are being summoned for the trial.

They are to undergo a pre-screening process to determine if they have knowledge of the high-profile case and if they have prejudged it.

Berlinghoff did not attend the informal pretrial conference, during which Boeckman discussed a variety of issues with Ruffcorn and Curtis Woods, deputy district attorney.

For example, Ruffcorn told Boeckman that his client continues to refuse to help him try to mount a defense and he's not sure if Berlinghoff will even want to attend the trial.

"He will not talk to me," Ruffcorn said, telling Boeckman his client believes his constitutional rights have been violated. "He may choose not to participate at all."

In February, Berlinghoff said he wanted to fire Ruffcorn and represent himself, but he refused to sign a form, called a Faretta waiver, to defend himself.

He also refused to answer questions posed to him by Superior Court Judge Wilson Curle to determine if he was capable of defending himself.

At that hearing, Berlinghoff complained that his constitutional rights were being violated and the form he was asked to sign to defend himself was a contract with the county that took away his rights.

"I do not agree with that form," Berlinghoff said at that hearing. " ... I do not feel I'm getting equal representation."

Last Friday, Berlinghoff lost a bid to have his trial continued because he claimed family members were trying to hire an out-of-area attorney to represent him.

Superior Court Judge James Ruggiero denied Berlinghoff's continuance request during a trial readiness conference because it was untimely, but his denial allows Berlinghoff to try again.

It's not known if that attorney issue may be resurrected next week.

"I guess we'll find out on the 9th," Boeckman said.

It's estimated the trial will take four to six days, including jury selection.

Woods said last week that he has about a dozen people on his witness list who may testify at the trial, while Ruffcorn said Monday he has no defense witnesses. In fact, he said, he doesn't have a defense because his client has been unwilling to talk to him about the case.

"There's no defense to the charges," he told Boeckman.

Among those on the prosecution's witness list is Berlinghoff's niece, now 16.

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Charles Berlinghoff's Trial Continued
POSTED: 3:02 pm PDT August 9, 2011
UPDATED: 4:09 pm PDT August 9, 2011

REDDING, Calif. -- Charles Berlinghoff is the man on trial for abducting his niece and having sex with her.
Jury selection was set to begin on Tuesday morning. During the proceedings, Charles asked for a continuance.
At first the judge was reluctant to grant the continuance, saying it's "extremely late" for Charles to be requesting it at the trial. Despite being in jail for about eight months, Charles argued that he needed more time to hire a private attorney. Charles told the judge he had recently acquired help from the local chapter of the NAACP in finding a lawyer. He also mentioned his family needed more time for financial reasons.
The judge granted the continuance.
Proceedings will resume next Monday.

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I am stunned that the judge granted the continuance. This case has been at a standstill for well over a year now. I guess he figured he'd wait till the last minute to seek private council.

Another one that thinks he is above the law.

August 9, 2011

Boeckman, who earlier rejected Berlinghoff's request to dump senior public defender Max Ruffcorn Sr. during a half-hour closed courtroom hearing, agreed to postpone the trial.

He did so after it was learned that Berlinghoff's twin sister in Florida, identified as Della Tavolazzi, was trying to hire Redding defense attorney Rob Hammonds to represent her brother.

Hammonds, who was summoned to court by Boeckman, said he spoke last week to Berlinghoff's sister after she was referred to him by Ricky Bennett, the president of the Shasta County chapter of the National Association for the Advancement of Colored People.

But, Hammonds said, although she expressed some interest in hiring him, he hasn't spoken with her since then and was unsure if she's still wants to try to hire him.

"I would be interested in looking at the case," Hammonds said.

He also said he has not met or spoken with Berlinghoff about his sex crime case.

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A federal lawsuit has been filed against a senior deputy public defender and his office by Charles David Berlinghoff, who learned Tuesday that he will begin to stand trial on Jan. 10 in his highly publicized sex-crime case.

In his prisoner civil rights lawsuit, filed Aug. 31 in U.S. District Court in Sacramento, Berlinghoff is claiming professional negligence and legal malpractice on the part of senior deputy public defender Max Ruffcorn Sr.

"Mr. Ruffcorn has slandered and defamed my character in the act of perjuring himself, fraudulently posing as a defender while violating my 1st, 5th, 6th, 7th, 8th, 13th and 14th (constitutional) amendment rights," Berlinghoff writes in his lawsuit and labeling Ruffcorn as a "surrogate prosecutor."

He also claims that Ruffcorn has been trying to pressure him into taking a plea bargain "for crimes I am not guilty of and to which he has evidence of my innocence."

Berlinghoff, who is representing himself in his lawsuit, is seeking unspecified compensatory and punitive damages.

Ruffcorn said Tuesday he has not seen the lawsuit, nor has been served with it.

But after having excerpts of the lawsuit read back to him, Ruffcorn denied the allegations, saying he's heard all of them before by Berlinghoff and called them "gibberish."

Still, he said, he would continue "to do my best" to defend Berlinghoff.

"I won't let his allegations and accusations interrupt my ethical obligation to do what I can for him," he said.

In his lawsuit, Berlinghoff complains, among other things, that during their first meeting together Ruffcorn refused to consider a request from him to ban the media from the courtroom and to seek a change of venue due to extensive media coverage of the case.

"My case has been so sensationalized that it has received national attention and has grown locally to the point of local lore," Berlinghoff wrote. "In spite of all this publicity, Mr. Ruffcorn refused to even consider a gag order or banning the press from the courtroom, saying it can't be done."

And, Berlinghoff wrote, "he (Ruffcorn) is making comments before the press himself to sensationalize and incite more negativity and bias against me in trying to promote his own name in the public forum for his own personal gain."

Berlinghoff had been scheduled to start standing trial last month, but the trial was stopped only moments before jury selection was due to begin after he told Superior Court Judge Bradley Boeckman that family members were trying to hire a new defense attorney for him.

Berlinghoff requested on Tuesday additional time to try to find an attorney, but retired Superior Court Judge Richard McEachen refused and scheduled the Jan. 10 trial date.

Still, he said, Berlinghoff can continue seeking new counsel and, if successful, that attorney or attorneys could then take over the case from the public defender's office.

Berlinghoff, 45, accused of disappearing from Redding with his teenage niece for a month late last year and having repeated sex with her, is charged with 87 felony counts, including felony unlawful detention of a minor, incest and lewd acts with a minor.

He faces about 40 years in prison if convicted.

A San Bernardino resident who once lived in Red Bluff, Berlinghoff allegedly started a sexual relationship with his niece last fall.

Although the girl's name was widely reported while she was missing last year, the Record Searchlight is now withholding her identity because it has been alleged she is the victim of sex crimes.

Berlinghoff remains in custody at Shasta County jail in lieu of $1.6 million bail.

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NOV 5, 2011
Charles David Berlinghoff died early today after apparently hanging himself inside Shasta County jail, the Redding Police Department said.

Berlinghoff, 45, accused of disappearing from Redding with his now 16-year-old niece for a month late last year and having repeated sex with her, was charged with 87 felony counts, including felony unlawful detention of a minor, incest and lewd acts with a minor.

Police said a corrections officer at the jail was doing an hourly check at about 12:12 a.m. today and found Berlinghoff hanging from a bed sheet in his cell. Berlinghoff was the only person in the locked cell at the time, Redding police Sgt. Brian Barner said.

Medics at the jail attempted to revive Berlinghoff, who was taken to a Redding hospital and pronounced dead, Barner said.

Redding police were named the lead investigators in the hanging under Shasta County's interagency, officer-involved critical incident protocol, Barner said.

The jail is referring all questions on the hanging to Redding police, a receptionist said this morning.

Investigators interviewed 29 inmates who have had contact with Berlinghoff during the past few days, Barner said, adding that police learned Berlinghoff had been depressed about his current court case.

Sheriff Tom Bosenko said this afternoon Berlinghoff had not exhibited any signs of suicidal behavior and was not under a suicide watch at the jail.

He also said he was unaware of Berlinghoff leaving behind a suicide note, but adding that the investigation is continuing.

Berlinghoff's death comes only five days shy of the one-year anniversary of his much-publicized Nov. 10, 2010 disappearance with his niece.

Berlinghoff, who had been in custody since December of last year, was scheduled to stand trial Jan. 10 in his sex-crime case.

He faced up to 40 years if convicted, Barner said.

A San Bernardino resident who once lived in Red Bluff, Berlinghoff allegedly started a sexual relationship with his niece last fall.

Although the girl's name was widely reported while she was missing last year, the Record Searchlight is now withholding her identity because it has been alleged she is the victim of sex crimes.

Meanwhile, Berlinghoff's brother, Jacob Berlinghoff, 34, declined this morning to discuss his brother's death.

"I have no comment right now," he said. He also said immediate family members did not want to talk about their relative's death.

The twin sister of Charles Blerlinghoff, who lives in Florida, did not reply to an email sent to her by the Record Searchlight asking he she wanted to discuss her brother and his death.

Jacob Berlinghoff himself is slated to begin standing trial on Jan. 24 for allegedly fondling his then-13-year-old daughter three years ago.

His daughter accused him of forcing her to drink hard liquor and touching her bare breast under her shirt, as well as her inner thigh, as punishment for bringing alcohol to school in September 2008.

He faces a maximum of eight years in prison if convicted.

His daughter lodged her allegations against him after she and her uncle were found in San Francisco last year following their disappearance.

He has pleaded not guilty to the criminal charges against him.

Shasta County Senior Public Defender Max Ruffcorn Sr., who represented Charles Berlinghoff in his sex-crime case, could not be reached for comment this morning about his client's death.

But Charles Berlinghoff and Ruffcorn had a rocky relationship with Berlinghoff recently filing federal lawsuit against him and the public defender's office, claiming professional negligence and legal malpractice.

In his lawsuit, Berlinghoff claimed that Ruffcorn had slandered and defamed his character and labeled his defense attorney as a “surrogate prosecutor.”

He also claimed that Ruffcorn had been trying to pressure him into taking a plea bargain “for crimes I am not guilty of and to which he has evidence of my innocence.”

Berlinghoff, who was representing himself in his civil lawsuit, was seeking unspecified compensatory and punitive damages.

Shasta County District Attorney Stephen Carlton said he learned of Berlinghoff’s death late this morning.

“I’m shocked,” he said. "I'm just shocked. Nobody wants that kind of outcome.”

But Carlton also said he does not believe Berlinghoff’s death will have much of an effect, if any, in the case against Jacob Berlinghoff.

“I can’t see it,” he said.

Deputy District Attorney Curtis Woods, who was handling both cases and learned of Berlinghoff's death around 5:30 a.m., agreed, saying the case against Jacob Berlinghoff would not be affected.

"I don't see why it would," he said.

Berlinghoff's suicide is the second in-custody death at the jail in two days.

Around noon on Friday, an inmate was found unconscious in a single-occupied medical cell and was later pronounced dead at Mercy Medical Center.

But Bosenko said the inmate's death was not an apparent suicide and there were no signs of foul play.

His name has not yet been released, and an autopsy is scheduled to be conducted early next week.

Bosenko said the sheriff's office was investigating that death, noting that he did not ask RPD to investigate because the inmate's death did not appear to be a suicide or a homicide.

Although Berlinghoff was involved in a minor jail fight with another inmate in July, Bosenko said he had no other reports of Berlinghoff causing trouble at the jail while he had been in custody.

He did say, however, that Berlinghoff staged a three-day hunger strike after he was initially arrested and booked into jail last year.

"I don't know what he was protesting," Bosenko said.

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:jaw dropping:

I wonder what Jeanne thinks now. She said those weeks on the road with Charlie were the "best time of her life!"

Her uncle Charlie is dead and her dad's trial for molesting her is coming up. What a mess this girl has made of so many lives. She was having a good time with all the publicity after she and Charlie were found.....now look at the cold hard facts she has to live with for the rest of her life. I don't believe her dad molested her and I hold her responsible for taking off with Uncle Freako. I think Jeanne was a spoiled little brat that was mad at her dad and decided to get even.

She's probably way over it by now and has found someone else. MOO.