Wrecking and towing company family in court

The founder of a large Santa Rosa wrecking and towing company who is charged alongside his son and daughter with environmental crimes said Monday he is indigent and received a court-appointed attorney.

Joseph James Cream Sr., who started the Copperhill Lane company in 1977, said in court he has "no assets" and that his children took over the business nine years ago.

"I'm tapped out," said Cream, 85, of Reno, who appeared before Judge Ken Gnoss with son Joseph Cream Jr., 47, and daughter Jan Rosen, 58 - both co-defendants in the case.

Gnoss agreed to appoint a public defender to represent him at an upcoming preliminary hearing on the 23-count complaint accusing the company of illegal storage and disposal of hazardous waste.

The majority of the charges are against Joseph Cream Jr., who faces 11 felonies, including health and safety code violations involving hazardous waste disposal and handling dating back to 2009. He's also facing felony grand theft connected to the removal of a surveillance camera, felony conspiracy, for allegedly allowing damaged batteries to leach into ground water, and 12 misdemeanors, including the alleged failure to keep drums and containers closed.

Rosen is charged with three felonies, including grand theft in connection with the surveillance camera, conspiracy in connection with the batteries and hazardous waste mishandling. She is also charged with eight misdemeanors.

Joseph Cream Sr. is charged with one felony and eight misdemeanors. He's charged with the same felony conspiracy charge for allegedly failing to prevent the release of spilled vehicle fluids and improper gasoline storage.

Both the son and the daughter have obtained private counsel.

Assistant Public Defender Kathleen Pozzi, appointed to represent the father, said the "family dynamic is rather complicated."

Cream, Sr. drives a company car - a Corvette - and owns half interest in a house, but he's locked in a legal battle over the remainder of the property. And he has no ownership in the wrecking company, Pozzi said.

His children would not comment about the case. Rosen said the family would eventually issue a statement.

Prosecutors would not discuss the case either or say why they are charging the elder Cream. The next hearing is Wednesday before Judge Gary Medvigy.

Cream's Dismantling has faced past legal challenges involving violations of hazardous waste laws. In 2004, the company paid $25,000 to settle a case involving the sale of gas siphoned from abandoned cars. The same year, Cream's was fined $10,000 for a fire that spread to a trucking company.