Mark E. Merin filed the motion for his law office to defend Mr. Acuña. Several local news organizations such as Fox were there to cover the small event.
In a release sent out by a group lead by Rebecca Sandoval and Reverend Ashiya Odeye who have spearheaded the effort against the Gang Injunction, a motion filed by prominent Sacramento civil rights attorney Mark E. Merin argued that the civil action against the so-called “Broderick Boys” should allow defendants a right to court-appointed counsel. A similar injunction was earlier ruled unconstitutional.
“[Defendants desire] the appointment of counsel to challenge the constitutionality of the injunction…to contest its applicability to [defendants]…and to insure that due process is afforded to everyone”
Without representation, said Merin, the costs of the count-appointed representation would “pale” when compared to the “social costs of an entire community roiled by perceived railroading of vulnerable defendants unable to defend themselves.”
Mr. Jimenez stated at the press conference, that they believed that the civil rights of certain individuals had been violated by the police department, and that they are going into court on Monday to ask the judge to appoint counsel to them because they have the right to legal representation.
Attorney Mark J. Reichel said that the case should not be a civil one. “If you are facing jail time, it is not a civil case,” said Reichel.
According to the official motion that was filed, the fourteenth amendment requires appointment of counsel to indigent defendants when the individual faces loss of his physical liberty or personal liberties. This is exactly the situation that Mr. Acuña is in, and yet he has not been appointed counsel for his defense.
The motion further states that the complexity of the proceedings and the issues presented will likely lead to erroneous decision if counsel is not appointed.
Reverend Odeye spoke in defense of the defendant, stating
“he is essentially being charged for owning a red truck. He has never been accused of any gang activity before.”
The lawyers and activists present stated that they felt that the injunction was completely unnecessary for West Sacramento, and that it was really just a way to allow for institutionalized racism. Reverend Odeye went on to elaborate that the part of Sacramento that he lives in has much worse crime and gang activity than West Sacramento, but they don’t have a gang injunction. He therefore questioned why West Sacramento was in need of one.
Meanwhile the Yolo County District Attorney’s Office continues to assert what an appellate court previously ruled that the defendants in gang injunctions are not entitled to court-appointed, taxpayer-funded defense.
Deputy District Attorney Jay Linden told the Sacramento Bee:
“Certainly, they don’t like that opinion, but my expectation is that the court will follow the higher court rulings.”
West Sacramento Mayor in an previous interview with the Vanguard told us this was a difficult issue that requires balance.
“This is a challenging issue, particularly for folks who don’t live in West Sacramento, who for whom it’s just an abstract political philosophy question, for the folks on the street in the community, many of whom are already dealing with issues around poverty and immigration and the gang and its threat to their families is one more insult from a society that in many cases has left them behind.”
However he felt that they had been able to address a number of concerns from the original injunction this time around:
“This time around its very different and that’s because of concerns and issues that were raised after the first one was put in place, we conducted a lot of community workshops, listened a lot to civil libertarians, to public defenders, to folks in the neighborhood, to community activists and made some significant changes to it.”
The issue of legal representation remains troubling. Ordinarily people in civil court are not afforded court appointed attorneys. However, ordinarily civil penalties do include jail and when they do, people would be in fact afforded court appointed attorneys to defend them. This is a case whereby defendants face potential jail time if the injunction is imposed and they violate the injunction. Most of these individuals are not people with the resources to be able to hire their own attorneys.
He (they) certainly should have the right to challenge the accusation in a court of law and the District Attorney should have the burden of proving that they are indeed members of the Broderick Boys gang. If the evidence is as overwhelming as they claim, that should be an easy sell.
Unlike the Mayor of West Sacramento suggests, I do not see that as merely an abstract political philosophy question, I see it as an issue of paramount importance in our society. Because if they can deny constitutional rights to one class of people out of fear that they will harm others, who is to say they cannot deny rights to all of us. If you are convinced that gangs exist and are a threat in West Sacramento, and I am, then you will not be afraid to allow the due process of law to prove it.
—Doug Paul Davis reporting with the commentary and Simon Efrein covered the event
While attending Matt Rexroad’s Yolo 101, I asked Ms. Drivon, County Counsel, why her office was not handling the gang injunction if it was indeed civil. Her answer was not clear – something about the case starting “before her time” and that there were some cases that were quasi-civil/criminal and the DA had more information to be able to handle the gang injunction case. However, she said that her office was working with the DA’s Office to help ensure that it was “done correctly,” such as proper service.
The gang injunction is being handled as a civil matter, but I wonder if a violation becomes a criminal matter and then the individual would be allowed representation. I can invision the burden on County resources if each person was allowed court-appointed counsel and able to challenge their inclusion on the list in Court. I think that it was the intention that challenges are intended to be handled in an administrative hearing of some sort. But if the person is cited for violating the injunction, then does it become a criminal matter and an entitlement to representation? This is so confusing.
I still don’t see why all of the restrictions of the injunction cannot be put in place as conditions of individual offenders’ probation or parole by the Court.
While attending Matt Rexroad’s Yolo 101, I asked Ms. Drivon, County Counsel, why her office was not handling the gang injunction if it was indeed civil. Her answer was not clear – something about the case starting “before her time” and that there were some cases that were quasi-civil/criminal and the DA had more information to be able to handle the gang injunction case. However, she said that her office was working with the DA’s Office to help ensure that it was “done correctly,” such as proper service.
The gang injunction is being handled as a civil matter, but I wonder if a violation becomes a criminal matter and then the individual would be allowed representation. I can invision the burden on County resources if each person was allowed court-appointed counsel and able to challenge their inclusion on the list in Court. I think that it was the intention that challenges are intended to be handled in an administrative hearing of some sort. But if the person is cited for violating the injunction, then does it become a criminal matter and an entitlement to representation? This is so confusing.
I still don’t see why all of the restrictions of the injunction cannot be put in place as conditions of individual offenders’ probation or parole by the Court.
While attending Matt Rexroad’s Yolo 101, I asked Ms. Drivon, County Counsel, why her office was not handling the gang injunction if it was indeed civil. Her answer was not clear – something about the case starting “before her time” and that there were some cases that were quasi-civil/criminal and the DA had more information to be able to handle the gang injunction case. However, she said that her office was working with the DA’s Office to help ensure that it was “done correctly,” such as proper service.
The gang injunction is being handled as a civil matter, but I wonder if a violation becomes a criminal matter and then the individual would be allowed representation. I can invision the burden on County resources if each person was allowed court-appointed counsel and able to challenge their inclusion on the list in Court. I think that it was the intention that challenges are intended to be handled in an administrative hearing of some sort. But if the person is cited for violating the injunction, then does it become a criminal matter and an entitlement to representation? This is so confusing.
I still don’t see why all of the restrictions of the injunction cannot be put in place as conditions of individual offenders’ probation or parole by the Court.
While attending Matt Rexroad’s Yolo 101, I asked Ms. Drivon, County Counsel, why her office was not handling the gang injunction if it was indeed civil. Her answer was not clear – something about the case starting “before her time” and that there were some cases that were quasi-civil/criminal and the DA had more information to be able to handle the gang injunction case. However, she said that her office was working with the DA’s Office to help ensure that it was “done correctly,” such as proper service.
The gang injunction is being handled as a civil matter, but I wonder if a violation becomes a criminal matter and then the individual would be allowed representation. I can invision the burden on County resources if each person was allowed court-appointed counsel and able to challenge their inclusion on the list in Court. I think that it was the intention that challenges are intended to be handled in an administrative hearing of some sort. But if the person is cited for violating the injunction, then does it become a criminal matter and an entitlement to representation? This is so confusing.
I still don’t see why all of the restrictions of the injunction cannot be put in place as conditions of individual offenders’ probation or parole by the Court.
Many Civil violations can result in jail. In some cases it is the only way to enforce civil matters. It happens on a daily basis. A simple example is a judgment debtor examination. If he does not appear, a warrant for his arrest can be made. Should he get a Public Defender? If he cannot afford counsel how would he otherwise know he had to go. There are numerous other examples on how a civil matter can turn criminal, that just happens to be an easy one. We cannot give everyone free counsel.
Many Civil violations can result in jail. In some cases it is the only way to enforce civil matters. It happens on a daily basis. A simple example is a judgment debtor examination. If he does not appear, a warrant for his arrest can be made. Should he get a Public Defender? If he cannot afford counsel how would he otherwise know he had to go. There are numerous other examples on how a civil matter can turn criminal, that just happens to be an easy one. We cannot give everyone free counsel.
Many Civil violations can result in jail. In some cases it is the only way to enforce civil matters. It happens on a daily basis. A simple example is a judgment debtor examination. If he does not appear, a warrant for his arrest can be made. Should he get a Public Defender? If he cannot afford counsel how would he otherwise know he had to go. There are numerous other examples on how a civil matter can turn criminal, that just happens to be an easy one. We cannot give everyone free counsel.
Many Civil violations can result in jail. In some cases it is the only way to enforce civil matters. It happens on a daily basis. A simple example is a judgment debtor examination. If he does not appear, a warrant for his arrest can be made. Should he get a Public Defender? If he cannot afford counsel how would he otherwise know he had to go. There are numerous other examples on how a civil matter can turn criminal, that just happens to be an easy one. We cannot give everyone free counsel.
“We cannot give everyone free counsel.”
Maybe we should. We certainly spend a lot of money prosecuting people. If the County had to provide resources for the defense, the DA would have to be much more selective in cases chosen to pursue.
Another alternative – if the DA loses he is required to pay the entire defense bill. Again that would help the DA focus on real cases.
“We cannot give everyone free counsel.”
Maybe we should. We certainly spend a lot of money prosecuting people. If the County had to provide resources for the defense, the DA would have to be much more selective in cases chosen to pursue.
Another alternative – if the DA loses he is required to pay the entire defense bill. Again that would help the DA focus on real cases.
“We cannot give everyone free counsel.”
Maybe we should. We certainly spend a lot of money prosecuting people. If the County had to provide resources for the defense, the DA would have to be much more selective in cases chosen to pursue.
Another alternative – if the DA loses he is required to pay the entire defense bill. Again that would help the DA focus on real cases.
“We cannot give everyone free counsel.”
Maybe we should. We certainly spend a lot of money prosecuting people. If the County had to provide resources for the defense, the DA would have to be much more selective in cases chosen to pursue.
Another alternative – if the DA loses he is required to pay the entire defense bill. Again that would help the DA focus on real cases.
Perhaps acuna will get out and steal a car from one of the ambulance chasers that are trying to defend him. Where did the race card from? It isn’t racist. In sacramento alone there are five major gangs. The norteno and sureno puto’s make up more than 70% of those gangs. The estimate for total is 6 to 8 thousand gang bangers in Sac,(I’ll bet the parents of the gang members came here ILLEGALLY, what do you think?).
According to Sac PD estimates gang members commit more than 80% of the FELONIES in the county and city of Sacramento. That means that 6000 to 8000 assholes are holding more than 1,000,000 people hostage.
Gangs are a scourge in this country. If their IQ was collectively measured it would not near anything considered as measureable intelligence. Anything that keeps them from associating and committing crimes is acceptable. Gang members are like cockroaches they all come at night and create destruction and spread disease. You can have all the nice davis liberal chit chat you want on this subject but when it comes to walking the streets in these areas none of the persons defending these piles of manure will go there. Could you guess why?
Perhaps acuna will get out and steal a car from one of the ambulance chasers that are trying to defend him. Where did the race card from? It isn’t racist. In sacramento alone there are five major gangs. The norteno and sureno puto’s make up more than 70% of those gangs. The estimate for total is 6 to 8 thousand gang bangers in Sac,(I’ll bet the parents of the gang members came here ILLEGALLY, what do you think?).
According to Sac PD estimates gang members commit more than 80% of the FELONIES in the county and city of Sacramento. That means that 6000 to 8000 assholes are holding more than 1,000,000 people hostage.
Gangs are a scourge in this country. If their IQ was collectively measured it would not near anything considered as measureable intelligence. Anything that keeps them from associating and committing crimes is acceptable. Gang members are like cockroaches they all come at night and create destruction and spread disease. You can have all the nice davis liberal chit chat you want on this subject but when it comes to walking the streets in these areas none of the persons defending these piles of manure will go there. Could you guess why?
Perhaps acuna will get out and steal a car from one of the ambulance chasers that are trying to defend him. Where did the race card from? It isn’t racist. In sacramento alone there are five major gangs. The norteno and sureno puto’s make up more than 70% of those gangs. The estimate for total is 6 to 8 thousand gang bangers in Sac,(I’ll bet the parents of the gang members came here ILLEGALLY, what do you think?).
According to Sac PD estimates gang members commit more than 80% of the FELONIES in the county and city of Sacramento. That means that 6000 to 8000 assholes are holding more than 1,000,000 people hostage.
Gangs are a scourge in this country. If their IQ was collectively measured it would not near anything considered as measureable intelligence. Anything that keeps them from associating and committing crimes is acceptable. Gang members are like cockroaches they all come at night and create destruction and spread disease. You can have all the nice davis liberal chit chat you want on this subject but when it comes to walking the streets in these areas none of the persons defending these piles of manure will go there. Could you guess why?
Perhaps acuna will get out and steal a car from one of the ambulance chasers that are trying to defend him. Where did the race card from? It isn’t racist. In sacramento alone there are five major gangs. The norteno and sureno puto’s make up more than 70% of those gangs. The estimate for total is 6 to 8 thousand gang bangers in Sac,(I’ll bet the parents of the gang members came here ILLEGALLY, what do you think?).
According to Sac PD estimates gang members commit more than 80% of the FELONIES in the county and city of Sacramento. That means that 6000 to 8000 assholes are holding more than 1,000,000 people hostage.
Gangs are a scourge in this country. If their IQ was collectively measured it would not near anything considered as measureable intelligence. Anything that keeps them from associating and committing crimes is acceptable. Gang members are like cockroaches they all come at night and create destruction and spread disease. You can have all the nice davis liberal chit chat you want on this subject but when it comes to walking the streets in these areas none of the persons defending these piles of manure will go there. Could you guess why?
Maybe it should be voted on by the people. Just bypass the courts and take a County-wide vote. It would win 75 – 25 in Woodland and West Sacramento and lose 75 – 25 in Davis. Crime is out of control in West Sacramento. Maybe the worst per capita in California. Gang members are the main cause of this crime.
Maybe it should be voted on by the people. Just bypass the courts and take a County-wide vote. It would win 75 – 25 in Woodland and West Sacramento and lose 75 – 25 in Davis. Crime is out of control in West Sacramento. Maybe the worst per capita in California. Gang members are the main cause of this crime.
Maybe it should be voted on by the people. Just bypass the courts and take a County-wide vote. It would win 75 – 25 in Woodland and West Sacramento and lose 75 – 25 in Davis. Crime is out of control in West Sacramento. Maybe the worst per capita in California. Gang members are the main cause of this crime.
Maybe it should be voted on by the people. Just bypass the courts and take a County-wide vote. It would win 75 – 25 in Woodland and West Sacramento and lose 75 – 25 in Davis. Crime is out of control in West Sacramento. Maybe the worst per capita in California. Gang members are the main cause of this crime.
Don’t be ridiculous. We’ve already voted. There are laws in place already. Also, not all criminals are gang members, but I’d say that most, if not all incarcerated individuals must join a gang in order to survive their prison sentence. The system grows gang members. This is what we unknowingly voted for.
Don’t be ridiculous. We’ve already voted. There are laws in place already. Also, not all criminals are gang members, but I’d say that most, if not all incarcerated individuals must join a gang in order to survive their prison sentence. The system grows gang members. This is what we unknowingly voted for.
Don’t be ridiculous. We’ve already voted. There are laws in place already. Also, not all criminals are gang members, but I’d say that most, if not all incarcerated individuals must join a gang in order to survive their prison sentence. The system grows gang members. This is what we unknowingly voted for.
Don’t be ridiculous. We’ve already voted. There are laws in place already. Also, not all criminals are gang members, but I’d say that most, if not all incarcerated individuals must join a gang in order to survive their prison sentence. The system grows gang members. This is what we unknowingly voted for.
The above is a good case for implementing the death penalty on a more timely basis. So what are you saying? They become gang members when we are forced to incarcerate them for,(often multiple), criminal acts? And not all of us unknowingly voted for it. Euthanize em all…
The above is a good case for implementing the death penalty on a more timely basis. So what are you saying? They become gang members when we are forced to incarcerate them for,(often multiple), criminal acts? And not all of us unknowingly voted for it. Euthanize em all…
The above is a good case for implementing the death penalty on a more timely basis. So what are you saying? They become gang members when we are forced to incarcerate them for,(often multiple), criminal acts? And not all of us unknowingly voted for it. Euthanize em all…
The above is a good case for implementing the death penalty on a more timely basis. So what are you saying? They become gang members when we are forced to incarcerate them for,(often multiple), criminal acts? And not all of us unknowingly voted for it. Euthanize em all…
Looks like the Judge agrees. They can have a Court Appointed Attorney when they break the rules and actually face jail time.
Looks like the Judge agrees. They can have a Court Appointed Attorney when they break the rules and actually face jail time.
Looks like the Judge agrees. They can have a Court Appointed Attorney when they break the rules and actually face jail time.
Looks like the Judge agrees. They can have a Court Appointed Attorney when they break the rules and actually face jail time.
Congratulations a conservative judge agrees with you. Shocking. This will get reversed on appeal once it gets out of Yolo just as the gang injunction did the last time.
Congratulations a conservative judge agrees with you. Shocking. This will get reversed on appeal once it gets out of Yolo just as the gang injunction did the last time.
Congratulations a conservative judge agrees with you. Shocking. This will get reversed on appeal once it gets out of Yolo just as the gang injunction did the last time.
Congratulations a conservative judge agrees with you. Shocking. This will get reversed on appeal once it gets out of Yolo just as the gang injunction did the last time.
ACLU Supporter,
The aclu is generally wrong about anything it supports. Hopefully the aclu supporters will patrol the streets at night in gang areas. The aclu is another mis-guided organization with some strange ideas about what civil liberties are without regard to the rights of victims.
ACLU Supporter,
The aclu is generally wrong about anything it supports. Hopefully the aclu supporters will patrol the streets at night in gang areas. The aclu is another mis-guided organization with some strange ideas about what civil liberties are without regard to the rights of victims.
ACLU Supporter,
The aclu is generally wrong about anything it supports. Hopefully the aclu supporters will patrol the streets at night in gang areas. The aclu is another mis-guided organization with some strange ideas about what civil liberties are without regard to the rights of victims.
ACLU Supporter,
The aclu is generally wrong about anything it supports. Hopefully the aclu supporters will patrol the streets at night in gang areas. The aclu is another mis-guided organization with some strange ideas about what civil liberties are without regard to the rights of victims.
Have to disagree that they are generally wrong (although I don’t doubt that in your opinion they are wrong).
In my opinion, the ACLU acts as a defense attorney, defending individuals who have had their constitutional rights wronged. A defense attorney’s job is to defend their client to the best of their ability, the job of the judicial system itself is to defend the rights of all and to insure justice.
In my opinion, there is nothing more fundamental than protecting the rights of the accused, because if some people are denied those rights, any person can.
These rights should be maintained regardless if an individual is guilty or innocent.
There are other organizations that defend and represent the rights of victims, the ACLU however, generally tries to insure that the accused get a fair trial.
I too want to see people protected from criminals. I too want to see the guilty imprisoned, but I want to see it done within the process put forth by the law, I do not want to see individuals usurp the rights of others.
Have to disagree that they are generally wrong (although I don’t doubt that in your opinion they are wrong).
In my opinion, the ACLU acts as a defense attorney, defending individuals who have had their constitutional rights wronged. A defense attorney’s job is to defend their client to the best of their ability, the job of the judicial system itself is to defend the rights of all and to insure justice.
In my opinion, there is nothing more fundamental than protecting the rights of the accused, because if some people are denied those rights, any person can.
These rights should be maintained regardless if an individual is guilty or innocent.
There are other organizations that defend and represent the rights of victims, the ACLU however, generally tries to insure that the accused get a fair trial.
I too want to see people protected from criminals. I too want to see the guilty imprisoned, but I want to see it done within the process put forth by the law, I do not want to see individuals usurp the rights of others.
Have to disagree that they are generally wrong (although I don’t doubt that in your opinion they are wrong).
In my opinion, the ACLU acts as a defense attorney, defending individuals who have had their constitutional rights wronged. A defense attorney’s job is to defend their client to the best of their ability, the job of the judicial system itself is to defend the rights of all and to insure justice.
In my opinion, there is nothing more fundamental than protecting the rights of the accused, because if some people are denied those rights, any person can.
These rights should be maintained regardless if an individual is guilty or innocent.
There are other organizations that defend and represent the rights of victims, the ACLU however, generally tries to insure that the accused get a fair trial.
I too want to see people protected from criminals. I too want to see the guilty imprisoned, but I want to see it done within the process put forth by the law, I do not want to see individuals usurp the rights of others.
Have to disagree that they are generally wrong (although I don’t doubt that in your opinion they are wrong).
In my opinion, the ACLU acts as a defense attorney, defending individuals who have had their constitutional rights wronged. A defense attorney’s job is to defend their client to the best of their ability, the job of the judicial system itself is to defend the rights of all and to insure justice.
In my opinion, there is nothing more fundamental than protecting the rights of the accused, because if some people are denied those rights, any person can.
These rights should be maintained regardless if an individual is guilty or innocent.
There are other organizations that defend and represent the rights of victims, the ACLU however, generally tries to insure that the accused get a fair trial.
I too want to see people protected from criminals. I too want to see the guilty imprisoned, but I want to see it done within the process put forth by the law, I do not want to see individuals usurp the rights of others.
SF just got granted a gang injunction. The gangs cannot even show gang signs, cannot recruit or even be in the safety zone. Wow a liberal town like that. How did they get a conservative judge in that crowd. Good job SF. I think we need to get Wolk to make a statewide injunction.
SF just got granted a gang injunction. The gangs cannot even show gang signs, cannot recruit or even be in the safety zone. Wow a liberal town like that. How did they get a conservative judge in that crowd. Good job SF. I think we need to get Wolk to make a statewide injunction.
SF just got granted a gang injunction. The gangs cannot even show gang signs, cannot recruit or even be in the safety zone. Wow a liberal town like that. How did they get a conservative judge in that crowd. Good job SF. I think we need to get Wolk to make a statewide injunction.
SF just got granted a gang injunction. The gangs cannot even show gang signs, cannot recruit or even be in the safety zone. Wow a liberal town like that. How did they get a conservative judge in that crowd. Good job SF. I think we need to get Wolk to make a statewide injunction.
Who appoints to the judges? Oh yeah, the governor. With the exception of about five or years, all the governors in California have been Republican for the last 25 years.
Who appoints to the judges? Oh yeah, the governor. With the exception of about five or years, all the governors in California have been Republican for the last 25 years.
Who appoints to the judges? Oh yeah, the governor. With the exception of about five or years, all the governors in California have been Republican for the last 25 years.
Who appoints to the judges? Oh yeah, the governor. With the exception of about five or years, all the governors in California have been Republican for the last 25 years.
To aclu supporter,
I agree with you. Everyone should have fair and equal representation and a fair trial, including all gang members. After a fair trial all gang members should be summarily executed.
To aclu supporter,
I agree with you. Everyone should have fair and equal representation and a fair trial, including all gang members. After a fair trial all gang members should be summarily executed.
To aclu supporter,
I agree with you. Everyone should have fair and equal representation and a fair trial, including all gang members. After a fair trial all gang members should be summarily executed.
To aclu supporter,
I agree with you. Everyone should have fair and equal representation and a fair trial, including all gang members. After a fair trial all gang members should be summarily executed.