Jacob Berlinghoff, brother of Charlie, Father of Jean Berlinghoff, arrested for Sexual Battery/ Jean claims that her father molested her/ Did Jean lie??/Jacob Berlinghoff takes plea deal that includes no jail time

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Normal Legal conflict questions raised in Berlinghoff case

Post by Nama on Fri Feb 18, 2011 4:59 pm

The Redding attorney who removed himself as the defender of Jacob Daniel Berlinghoff earlier this week helped Berlinghoff’s brother clear his record of an exposure case conviction nearly a decade ago.

It’s unclear whether that’s the conflict of interest that Eric Berg cited when he quit as Jacob Berlinghoff’s attorney Monday. Berg told the judge that he had earlier represented a witness in Jacob Berlinghoff’s case, but didn’t name the witness.

While the teen and Charles Berlinghoff were missing, Jacob Berlinghoff said he learned his brother had kept his conviction in the Tehama County exposure case a secret from his family. Had he known about the case, Jacob Berlinghoff said, he wouldn’t have let his brother stay with him and his young daughter during a weeklong visit last fall.

The Tehama conviction required Charles Berlinghoff to register as a sex offender. In the case, Charles Berlinghoff pleaded guilty to one of the counts in a deal to have four others dropped.

Charles Berlinghoff exposed himself to four girls while they were walking to school in Corning on April 1, 1998, according to Tehama County Superior Court records. The girls were walking as separate pairs. When the first pair passed, Charles Berlinghoff said “hi.” The girls said he wore only underwear and was on the floor masturbating near his open front door. When the second set of girls passed Charles Berlinghoff was naked and sitting in a recliner masturbating, they said. He again said “hi.”

He was sentenced to serve 60 days, three years of probation and pay a $200 fine. The court records also show that Charles Berlinghoff was convicted of indecent exposure in Shasta County for exposing himself while in a car on March 19, 1993. He was sentenced to 60 days in jail and 36 months probation in that case.

In his 2002 filing to have the Tehama County conviction expunged, Berg cited two letters from therapists who said Charles Berlinghoff didn’t pose a sexual threat to children.

“In my professional opinion, Charles Berlinghoff would not (repeat, NOT) pose any danger, sexual or otherwise, to young boys or to young girls either, for that matter,” Joseph Busey, a Red Bluff psychologist, wrote in a letter to the Tehama County Probation Department.

Busey said today privacy laws prevent him from saying whether Charles Berlinghoff was a patient.

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Normal New Lawyer In Jacob Berlinghoff Case

Post by Nama on Tue Mar 01, 2011 12:06 am

The father of a Shasta teen that went missing last November was in court today with his new lawyer Cindy Campbell.
Jacob Berlinghoff's preliminary hearing has been postponed to March 22nd and 23rd while his new lawyer takes time to prepare the case.
The charges against Berlinghoff include committing lewd acts with a child under 14, annoying a child and sexual battery.

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Normal another postponement

Post by Nama on Tue Mar 29, 2011 11:13 pm

An April 13 preliminary hearing was scheduled Monday in Shasta County Superior Court for a Redding man whose 15-year-old daughter went missing for a month late last year and is now accusing him of having fondled her three years ago.

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Normal Berlinghoff hearing postponed so attorney can review 'exculpatory' report

Post by Nama on Tue May 03, 2011 2:42 am

Today’s preliminary hearing for Jacob Daniel Berlinghoff, whose 15-year-old daughter is accusing him of fondling her three years ago was postponed until April 28 after his criminal defense attorney said he only this morning received a report from the district attorney’s office containing “highly exculpatory” evidence that he hopes will exonerate his client.

Superior Court Judge Daniel Flynn agreed to continue the preliminary hearing until later this month so defense attorney Jimmie Askew can thoroughly review the report with Berlinghoff.

Shasta County Deputy District Attorney Craig Omura, who was filling in for the prosecutor assigned to the case because he’s in another trial, objected to the continuance, saying he does not believe the report is “as exculpatory as Mr. Askew would hope,” especially when all the other evidence is taken into account.

In that report, a witness, who Omura identified as Berlinghoff’s ex-girlfriend, reportedly told a sheriff’s deputy that the 15-year-old told her that she “made up” the allegations against her father.

Omura said he did not know why Askew had not been provided a copy of the report earlier as part of the discovery process.

Berlinghoff, 33, who rejected a plea bargain offer Tuesday that called for a stipulated three-year prison sentence with the potential for three additional years, is charged with a felony count of lewd and lascivious conduct with a child under 14, as well as single misdemeanor counts of annoying a child and sexual battery.

Berlinghoff's daughter made the allegation against him after she and her uncle, Charles David Berlinghoff, were found following their highly publicized monthlong disappearance late last year.

The girl said the incident with her father happened three years ago after she was caught with alcohol at school and sent home.

An Aug. 2 trial date has been scheduled for the 44-year-old Charles Berlinghoff, who's accused of having repeated consensual sex with his Redding niece and keeping her away from her parents.

Saying he's innocent until proven guilty, Charles David Berlinghoff, a San Bernardino resident who once lived in Red Bluff, is accused of starting a sexual relationship with his teenage niece last fall.

He faces about 40 years in prison if convicted of all the charges against him, which have been consolidated into a single case.

He had earlier rejected a plea bargain calling for a 15-year prison sentence.

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Normal Re: Jacob Berlinghoff, brother of Charlie, Father of Jean Berlinghoff, arrested for Sexual Battery/ Jean claims that her father molested her/ Did Jean lie??/Jacob Berlinghoff takes plea deal that includes no jail time

Post by Guest on Tue May 03, 2011 8:26 am

I am pretty sure she made this up about her Father to get even with him for locking up her boyfriend/UNCLE.
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Normal Re: Jacob Berlinghoff, brother of Charlie, Father of Jean Berlinghoff, arrested for Sexual Battery/ Jean claims that her father molested her/ Did Jean lie??/Jacob Berlinghoff takes plea deal that includes no jail time

Post by Nama on Tue May 17, 2011 1:29 am

A Shasta County Superior Court judge Wednesday ordered Jacob Daniel Berlinghoff to stand trial on charges that he fondled his now-16-year-old daughter three years ago.

The ruling from Judge Wilson Curle came after a 30-minute preliminary hearing with only one prosecution witness, Shasta County sheriff's detective Brian Jackson.

Jackson said under questioning by Deputy District Attorney Curtis Woods that the teen told him her father forced her in September 2008 to drink hard liquor to the point of nearly passing out.

He then touched her bare breast under her shirt, as well as her inner thigh, all to discipline her after she was suspended for taking alcohol to school, Jackson said.

"He (Berlinghoff) said to her that this is what happens when you get drunk," Jackson testified, paraphrasing the girl's exact comments to him.

The girl lodged her allegations after she and her uncle were found in San Francisco last year following their highly-publicized month-long disappearance.

Defense attorney Jimmie Askew, who maintains that the fondling never happened and that the teen made up the entire story, unsuccessfully argued that teen's allegations, as well as the prosecution's evidence in the case, were not sufficient to have his client ordered to stand trial, especially on the single felony count alleging lewd and lascivious conduct with a child under 14.

Under cross-examination by Askew, Jackson testified that the teen told him that her father did not continue to press himself upon her after the alleged fondling.

Even if the incident had occurred, Askew argued, the prosecution failed to show that the alleged fondling was intended to arouse the sexual desire or gratification of the defendant, a key element of the felony count.

Berlinghoff is additionally charged with annoying or molesting a child and sexual battery, both misdemeanors.

But Woods attacked what he perceived as the defense claim that the alleged fondling incident was a disciplinary measure.

"That's ludicrous at best," he said "To say it's simply discipline is not reasonable. No (responsible) father would do that."

Curle agreed, saying the discipline claim "begs reality" and ordered Berlinghoff to stand trial. He is scheduled to stand trial on Sept. 20 and also has an Aug. 29 settlement conference date.

Askew stressed after court that he's not claiming Berlinghoff touched the teen as a disciplinary measure, only that the prosecution's evidence failed to show intent.

"Our defense is that it didn't happen," he said. "We are going to set out to prove his innocence."

Woods, however, said after court that the teen's fondling story rings true, adding she easily could have provided a more "egregious" story if she wanted to make one up.

In addition, he said, more evidence to support her claims will come out at trial.

He declined to identify that additional evidence.

The 33-year-old Berlinghoff faces a maximum of eight years in prison if convicted. He has twice rejected a plea bargain that offered a stipulated three-year prison sentence with the potential for three additional years.

Meanwhile, the girl's uncle, Charles Berlinghoff, 44, of San Bernardino is scheduled for trial Aug. 2.

He is charged with having repeated sex with his Redding niece and keeping her away from her parents during their monthlong disappearance.

That mysterious disappearance generated intense media coverage in the north state and also made it onto national television before the two were found in San Francisco in early December.

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Normal Father's trial put off until January; Redding man accused of fondling

Post by Nama on Sat Sep 17, 2011 4:15 pm

The criminal trial for a Redding man accused of fondling his then-13-year-old daughter three years ago was put off Friday in Shasta County Superior Court until Jan. 24.

Jacob Berlinghoff, 34, who was scheduled to begin trial next week, saw his case delayed until next year because the prosecutor will be in another trial that takes precedence because the case is older.

Berlinghoff's daughter, now 16, has 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. He has twice rejected a plea bargain that offered a stipulated three-year prison sentence with the potential for three additional years.

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Normal Re: Jacob Berlinghoff, brother of Charlie, Father of Jean Berlinghoff, arrested for Sexual Battery/ Jean claims that her father molested her/ Did Jean lie??/Jacob Berlinghoff takes plea deal that includes no jail time

Post by Wrapitup on Sat Sep 17, 2011 10:44 pm

B.S!! I don't buy what she is selling!

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Normal Jacob Berlinghoff takes plea deal that includes no jail time

Post by Nama on Sat Feb 18, 2012 2:55 am



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A Redding father whose 16-year-old daughter accused him of fondling her three years ago pleaded no-contest today in Shasta County Superior Court to a misdemeanor count of lewd conduct.

In exchange for his plea, a felony count alleging lewd and lascivious acts with a child under 14 was dismissed against Jacob Daniel Berlinghoff, 34.

Additionally, Berlinghoff pleaded guilty to contributing to the delinquency of a minor, also a misdemeanor.

Superior Court Judge Wilson Curle, who was annoyed that he learned of the possible plea bargain in a Wednesday Record Searchlight article, accepted the pact after privately discussing it in his chambers with the attorneys involved in the case.

Berlinghoff was placed on informal probation for three years and ordered to perform 45 days of community service in an adult work program. He won’t have to register as a sex offender.

Berlinghoff had faced a maximum of eight years in prison if tried and convicted of the felony. He said after court that was comfortable with the plea bargain because he “knows the truth” and he wanted to “get my life back on track.”

“It’s been a long year,” he said. “I think it’s been a very long year for everyone.”

Berlinghoff twice rejected a plea bargain earlier that offered a stipulated three-year prison sentence with the potential for three additional years.

Oddly enough, the misdemeanor count to which Berlinghoff pleaded no contest falls under the provision of a California Penal Code covering a wide range of disorderly conduct crimes, including engaging in lewd conduct in a public place or exposed to public view.

In Berlinghoff’s case, the alleged conduct was said to have occurred in the front room in his home that could have been viewed by people walking by, said Shasta County Deputy District Attorney Curtis Woods, who prosecuted the case.

Woods said after court he was satisfied with the disposition of the case. The alleged crime, he said, was a one-time event and that a sex act was not involved.

So it was clear to him, Woods said, that Berlinghoff would have received probation — and not prison — even had he been convicted.

Furthermore, he said, he spoke with Berlinghoff’s daughter about the plea bargain offer, as well as her mother, and they did not object to it.

“They wanted to get this over, too,” he said.

Proceeding to trial would have been an enormous burden on the teenager because it would have meant bringing up the criminal case against the girl’s uncle, Charles David Berlinghoff, who committed suicide in November at the Shasta County jail, Woods said.

“We would have had to rehash the Charles Berlinghoff case, and that’s not what I wanted the victim to go through,” Woods said.

Another factor that played into the plea deal offer was the loss of two potential prosecution witnesses, one who died and the other who was no longer cooperating, he said.

Redding defense attorney Jimmie Askew, who represented Berlinghoff, said he had mixed feelings about the plea bargain.

“I thought we had a very strong (defense) case,” he said, adding that he had lined up a several witnesses he believed would have strongly refuted the district attorney’s case at trial.

But, he said, his client did not want to put his 16-year-old daughter through the ordeal of a trial.

“That would have been a lot of pressure” on her, he said. “He loves his daughter.”

The case that captured national media attention all began when Jacob Berlinghoff’s then 15-year-old daughter disappeared from Redding for a month on Nov. 10, 2010, with her uncle, 45-year-old Charles Berlinghoff.

They were found in San Francisco and the elder Berlinghoff was arrested and charged with 87 felony counts, including felony unlawful detention of a minor, incest and lewd acts with a minor.

After Charles Berlinghoff’s arrest the teen brought up the sex crime allegations against her father and he, too, was arrested.

While the girl was missing the Record Searchlight repeatedly published her name. The newspaper no longer publishes her name because she is the alleged victim of sexual assaults.

Her uncle committed suicide on Nov. 5 by hanging himself with a bed sheet in the Shasta County jail.

During Jacob Berlinghoff’s preliminary hearing in May, Shasta County Sheriff’s Detective Brian Jackson testified the teen told him her father forced her in September 2008 to drink hard liquor to the point of nearly passing out and then fondled her under her shirt.

Jackson said Jacob Berlinghoff reportedly also touched her inner thigh, all to discipline her after she was suspended for taking alcohol to school.

“He (Berlinghoff) said to her that this is what happens when you get drunk,” Jackson testified, paraphrasing the girl’s exact comments to him.

As part of the plea agreement, Jacob Berlinghoff is ordered to stay away from his daughter during the three years he’s on probation.

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Normal Re: Jacob Berlinghoff, brother of Charlie, Father of Jean Berlinghoff, arrested for Sexual Battery/ Jean claims that her father molested her/ Did Jean lie??/Jacob Berlinghoff takes plea deal that includes no jail time

Post by Wrapitup on Sun Feb 19, 2012 6:49 am

What a messed up family!!!

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