VIDEO: Kyle Zoellner's appeal moves ahead

Attorneys argue probable cause in civil case against police

Reporter: Steven Saint

Source: Kyle Zoellner, 9th Circuit Court of Appeals

In October 2022, a federal jury found that former Arcata Police Detective Eric Losey engaged in malicious prosecution and was ready to award Kyle Zoellner some $776,000 in damages. This was the third time the 2017 stabbing death of Josiah Lawson was mulled by the legal system. Zoellner's attorney, Elizabeth Zareh, successfully argued that once police had her client in custody, they fudged the evidence rather than investigate other possible suspects.

Then Judge Jacqueline Scott Corley ruled that Losey, indeed, had probable cause to believe Zoellner stabbed Josiah Lawson, essentially nullifying the verdict. Zareh and Losey's attorney, Lori Sebransky, faced three judges in the 9th Circuit Court of Appeals on June 10 to make their cases. The exchange lasted almost 45 minutes as the judges drilled down on the finer points of law regarding probable cause.

The essential question is whether Zoellner should have been kicked loose after his arrest – due to lack of evidence – instead of spending 21 days in jail to face a preliminary hearing based on erroneous police reports generated by Losey and lead detective Todd Dokweiler.

Click here to watch the video of the June 10 hearing. It's a lot of legalese, but there are a few nuggets for the interested layperson. Once again it is clear that neither the Arcata Police nor prosecutors want to discuss the blood analysis on Zoellner's clothing. One little lab report would have corroborated (or contradicted) testimony from key eyewitnesses...