Johansson called for Rosenberg and every other judge in Yolo County to remove themselves from hearing the Topete case because they could not be fair and impartial. The lack of a public hearing has raised concerns about the constitutionality of the process and the bias of the court.
More shocking was his charge of judicial collusion in which the Assistant Public Defender Dean Johansson told the court that other judges had their courtrooms for half an hour in order to allow deputies to fill up this courtroom. To substantiate this allegation, the public defender’s office has subpoenaed the surveillance videos from each courtroom.
As a result of this motion, Judge Rosenberg has asked the District Attorney Jeff Reisig to respond to this motion at a hearing set for July 3, 2008.
Unfortunately, there is a judicial gag order on this case, thus we cannot talk to Mr. Johansson (who as a point of full disclosure is a personal friend).
A few thoughts on this other than the single word, “wow.”
The Sacramento Bee and even the Davis Enterprise has questioned whether Topete could get a fair trial in Yolo County. I agree with that sentiment, I don’t think he can get a fair trial in Yolo County.
Can he prove judicial collusion? I suppose if he gets a hold of those surveillance videos from every courtroom and they show that they did indeed shut their courtrooms to allow the deputies to fill the department, he might have a point. But that probably also falls short of collusion to keep the public out which I think has to be the core of the charge. I think they would have to show intent to keep the public out rather than a move that was as a courtesy to allow deputies to attend a hearing regarding their fallen colleague.
Second point I think is a change of venue simply makes more sense. Even if you got a visiting judge to hear the case in Yolo County, you would still get courtroom security from the Yolo County Sheriff’s Department. Obviously the defense believes that an out of area judge would have more scrutiny over the sheriff’s in their court, but why risk that? Put the trial in another county and start anew.
As the Sacramento Bee article says this morning:
“Legal experts interviewed Friday agreed that the defense would have a tough time winning its motion. But they said recent events in the case leave little doubt that it should be moved out of Yolo County voluntarily to avoid the appearance of impropriety.
Robert Weisberg, who teaches criminal law at Stanford Law School, said he doubted the public defender’s office could win its effort to have every judge in Yolo removed from the case. The legal standard for removing judges is too high, he said.
“You would have a huge burden to show prejudice,” Weisberg said.
However, the judge and lawyers could agree to relocate Topete’s case.
“That’s obviously the sensible thing to do,” he said. “It should really get done and done quickly.”
A move to a neighboring county could avoid future litigation and prevent any conviction from being overturned because of apparent bias, he said.”
Where does this leave the case? Unfortunately in flux until next week just before the July 4 holiday.
Meanwhile Yolo County Sheriff’s Deputy Jose Diaz was laid to rest on Friday with 1500 people, many of the law-enforcement officers from Northern California. Sheriff Ed Prieto posthumously award Deputy Diaz with the department’s Medal of Valor for his actions which perhaps saved the life of an infant who had been abandoned in the suspect’s vehicle.
From the start of this event, the most regretful aspect has been the courthouse drama overshadowing the horrific personal tragedy that occurred still less than two weeks ago. We need to have a fair and open trial if for no other reason than to honor and respect the life of Deputy Diaz who was by all accounts good and dedicated law enforcement officer and father.
—Doug Paul Davis reporting
As I have read about this, the thing that sticks out is the lack of honesty from those working at the courthouse. I think I understand why the deputies wanted to attend the hearing, but the process taken was a mistake. After the mistake was recognized I would expect a completely honest explanation. I know it is difficult to bare our faults, but life is difficult and these are people working at the courthouse, where people are supposed to be truthful.
If you or I were to get into some sort of trouble and were questioned about it in court we would be expected to tell the truth. I understand the people in this incident were not under oath but they all work at the same place where we would be required to be honest. Were the explantions they gave the model of honesty they expect to hear from witnesses? I doubt it! How can anyone feel confident about the activities within the courthouse if the people working there have such difficulty explaining a few locked doors?
As I have read about this, the thing that sticks out is the lack of honesty from those working at the courthouse. I think I understand why the deputies wanted to attend the hearing, but the process taken was a mistake. After the mistake was recognized I would expect a completely honest explanation. I know it is difficult to bare our faults, but life is difficult and these are people working at the courthouse, where people are supposed to be truthful.
If you or I were to get into some sort of trouble and were questioned about it in court we would be expected to tell the truth. I understand the people in this incident were not under oath but they all work at the same place where we would be required to be honest. Were the explantions they gave the model of honesty they expect to hear from witnesses? I doubt it! How can anyone feel confident about the activities within the courthouse if the people working there have such difficulty explaining a few locked doors?
As I have read about this, the thing that sticks out is the lack of honesty from those working at the courthouse. I think I understand why the deputies wanted to attend the hearing, but the process taken was a mistake. After the mistake was recognized I would expect a completely honest explanation. I know it is difficult to bare our faults, but life is difficult and these are people working at the courthouse, where people are supposed to be truthful.
If you or I were to get into some sort of trouble and were questioned about it in court we would be expected to tell the truth. I understand the people in this incident were not under oath but they all work at the same place where we would be required to be honest. Were the explantions they gave the model of honesty they expect to hear from witnesses? I doubt it! How can anyone feel confident about the activities within the courthouse if the people working there have such difficulty explaining a few locked doors?
As I have read about this, the thing that sticks out is the lack of honesty from those working at the courthouse. I think I understand why the deputies wanted to attend the hearing, but the process taken was a mistake. After the mistake was recognized I would expect a completely honest explanation. I know it is difficult to bare our faults, but life is difficult and these are people working at the courthouse, where people are supposed to be truthful.
If you or I were to get into some sort of trouble and were questioned about it in court we would be expected to tell the truth. I understand the people in this incident were not under oath but they all work at the same place where we would be required to be honest. Were the explantions they gave the model of honesty they expect to hear from witnesses? I doubt it! How can anyone feel confident about the activities within the courthouse if the people working there have such difficulty explaining a few locked doors?
I completely agree with Anonymous 6/28/08 8:52 AM. The simple fact is that the court’s “factual” investigation, report and subsequent press release on what happened appears to be less than factual. And, the “honest mistake” explanation by Sheriff Prieto, who was apparently in the court room at the hearing, is also apparently less than factual. While I have a problem with the mistake made at the hearing, I understand and sympathize with people making errors under difficult circumstances. But, the series of blunders to save face after the fact on the Court’s and the Sheriff’s part are simply less than the truth, the whole truth and nothing but the truth! The memory of Deputy Jose “Tony” Diaz deserves better conduct from the Sheriff and our Courts in ensuring that justice is served.
I completely agree with Anonymous 6/28/08 8:52 AM. The simple fact is that the court’s “factual” investigation, report and subsequent press release on what happened appears to be less than factual. And, the “honest mistake” explanation by Sheriff Prieto, who was apparently in the court room at the hearing, is also apparently less than factual. While I have a problem with the mistake made at the hearing, I understand and sympathize with people making errors under difficult circumstances. But, the series of blunders to save face after the fact on the Court’s and the Sheriff’s part are simply less than the truth, the whole truth and nothing but the truth! The memory of Deputy Jose “Tony” Diaz deserves better conduct from the Sheriff and our Courts in ensuring that justice is served.
I completely agree with Anonymous 6/28/08 8:52 AM. The simple fact is that the court’s “factual” investigation, report and subsequent press release on what happened appears to be less than factual. And, the “honest mistake” explanation by Sheriff Prieto, who was apparently in the court room at the hearing, is also apparently less than factual. While I have a problem with the mistake made at the hearing, I understand and sympathize with people making errors under difficult circumstances. But, the series of blunders to save face after the fact on the Court’s and the Sheriff’s part are simply less than the truth, the whole truth and nothing but the truth! The memory of Deputy Jose “Tony” Diaz deserves better conduct from the Sheriff and our Courts in ensuring that justice is served.
I completely agree with Anonymous 6/28/08 8:52 AM. The simple fact is that the court’s “factual” investigation, report and subsequent press release on what happened appears to be less than factual. And, the “honest mistake” explanation by Sheriff Prieto, who was apparently in the court room at the hearing, is also apparently less than factual. While I have a problem with the mistake made at the hearing, I understand and sympathize with people making errors under difficult circumstances. But, the series of blunders to save face after the fact on the Court’s and the Sheriff’s part are simply less than the truth, the whole truth and nothing but the truth! The memory of Deputy Jose “Tony” Diaz deserves better conduct from the Sheriff and our Courts in ensuring that justice is served.
As I pointed out before, any defense attorney worth his/her salt will have a field day with this mess. Because Rosenberg clearly does not have control of his courts, there will be a move to change venue. The motion to recuse all Yolo County judges is just a preliminary maneuver to put pressure on the prosecution to voluntarily, on its own motion, change venue to a different county – something the DA’s Office would prefer not to do (understandably).
But there is little choice now, because of the appearance of bias created by what has happened. This was not a minor screw-up, but a major constitutional violation of a basic tenant – all parts of a criminal proceeding must be open to the public. And that includes the arraignment.
If you were charged with a crime, would you want your arraignment carried out with only sheriff’s deputies surrounding you, other than the judge, prosecutor, and your lowly public defender? If the arraignment wasn’t done properly, who is going to tell on the powers that be? Your public defender? He has nothing to back him up unless there it was a video-taped proceeding.
There is a reason these sorts of requirements are in place – to make sure trials are fair and impartial. My sympathy does not lie with the perpetrator in this case, but with the victim’s family – who are going to have to watch endless legal maneuverings instead of a trial that moves forward with more normal dispatch. The victim’s family will have to agonize over whether this alleged evildoer will end up with a plea deal, or get off on a technicality.
The larger question is will anything truly change at the Yolo County Courthouse? What an embarrassment!
As I pointed out before, any defense attorney worth his/her salt will have a field day with this mess. Because Rosenberg clearly does not have control of his courts, there will be a move to change venue. The motion to recuse all Yolo County judges is just a preliminary maneuver to put pressure on the prosecution to voluntarily, on its own motion, change venue to a different county – something the DA’s Office would prefer not to do (understandably).
But there is little choice now, because of the appearance of bias created by what has happened. This was not a minor screw-up, but a major constitutional violation of a basic tenant – all parts of a criminal proceeding must be open to the public. And that includes the arraignment.
If you were charged with a crime, would you want your arraignment carried out with only sheriff’s deputies surrounding you, other than the judge, prosecutor, and your lowly public defender? If the arraignment wasn’t done properly, who is going to tell on the powers that be? Your public defender? He has nothing to back him up unless there it was a video-taped proceeding.
There is a reason these sorts of requirements are in place – to make sure trials are fair and impartial. My sympathy does not lie with the perpetrator in this case, but with the victim’s family – who are going to have to watch endless legal maneuverings instead of a trial that moves forward with more normal dispatch. The victim’s family will have to agonize over whether this alleged evildoer will end up with a plea deal, or get off on a technicality.
The larger question is will anything truly change at the Yolo County Courthouse? What an embarrassment!
As I pointed out before, any defense attorney worth his/her salt will have a field day with this mess. Because Rosenberg clearly does not have control of his courts, there will be a move to change venue. The motion to recuse all Yolo County judges is just a preliminary maneuver to put pressure on the prosecution to voluntarily, on its own motion, change venue to a different county – something the DA’s Office would prefer not to do (understandably).
But there is little choice now, because of the appearance of bias created by what has happened. This was not a minor screw-up, but a major constitutional violation of a basic tenant – all parts of a criminal proceeding must be open to the public. And that includes the arraignment.
If you were charged with a crime, would you want your arraignment carried out with only sheriff’s deputies surrounding you, other than the judge, prosecutor, and your lowly public defender? If the arraignment wasn’t done properly, who is going to tell on the powers that be? Your public defender? He has nothing to back him up unless there it was a video-taped proceeding.
There is a reason these sorts of requirements are in place – to make sure trials are fair and impartial. My sympathy does not lie with the perpetrator in this case, but with the victim’s family – who are going to have to watch endless legal maneuverings instead of a trial that moves forward with more normal dispatch. The victim’s family will have to agonize over whether this alleged evildoer will end up with a plea deal, or get off on a technicality.
The larger question is will anything truly change at the Yolo County Courthouse? What an embarrassment!
As I pointed out before, any defense attorney worth his/her salt will have a field day with this mess. Because Rosenberg clearly does not have control of his courts, there will be a move to change venue. The motion to recuse all Yolo County judges is just a preliminary maneuver to put pressure on the prosecution to voluntarily, on its own motion, change venue to a different county – something the DA’s Office would prefer not to do (understandably).
But there is little choice now, because of the appearance of bias created by what has happened. This was not a minor screw-up, but a major constitutional violation of a basic tenant – all parts of a criminal proceeding must be open to the public. And that includes the arraignment.
If you were charged with a crime, would you want your arraignment carried out with only sheriff’s deputies surrounding you, other than the judge, prosecutor, and your lowly public defender? If the arraignment wasn’t done properly, who is going to tell on the powers that be? Your public defender? He has nothing to back him up unless there it was a video-taped proceeding.
There is a reason these sorts of requirements are in place – to make sure trials are fair and impartial. My sympathy does not lie with the perpetrator in this case, but with the victim’s family – who are going to have to watch endless legal maneuverings instead of a trial that moves forward with more normal dispatch. The victim’s family will have to agonize over whether this alleged evildoer will end up with a plea deal, or get off on a technicality.
The larger question is will anything truly change at the Yolo County Courthouse? What an embarrassment!
As for the attempted cover-up? What would you expect, if constitutional mandates have been ignored with impunity? Remember, this is a pattern of conduct, not just a one-time deal. The failure to make the arraignment public and other previous violations has drawn the attention of the state.
The “good ol’ boy” system went one step too far, and has now drawn the ire of the state. To what extent they will do anything about it remains to be seen. If not, expect the arrogance of Rosenberg et al to know no bounds…a frightening prospect for us all. In which case, we need to demand better.
As for the attempted cover-up? What would you expect, if constitutional mandates have been ignored with impunity? Remember, this is a pattern of conduct, not just a one-time deal. The failure to make the arraignment public and other previous violations has drawn the attention of the state.
The “good ol’ boy” system went one step too far, and has now drawn the ire of the state. To what extent they will do anything about it remains to be seen. If not, expect the arrogance of Rosenberg et al to know no bounds…a frightening prospect for us all. In which case, we need to demand better.
As for the attempted cover-up? What would you expect, if constitutional mandates have been ignored with impunity? Remember, this is a pattern of conduct, not just a one-time deal. The failure to make the arraignment public and other previous violations has drawn the attention of the state.
The “good ol’ boy” system went one step too far, and has now drawn the ire of the state. To what extent they will do anything about it remains to be seen. If not, expect the arrogance of Rosenberg et al to know no bounds…a frightening prospect for us all. In which case, we need to demand better.
As for the attempted cover-up? What would you expect, if constitutional mandates have been ignored with impunity? Remember, this is a pattern of conduct, not just a one-time deal. The failure to make the arraignment public and other previous violations has drawn the attention of the state.
The “good ol’ boy” system went one step too far, and has now drawn the ire of the state. To what extent they will do anything about it remains to be seen. If not, expect the arrogance of Rosenberg et al to know no bounds…a frightening prospect for us all. In which case, we need to demand better.
Move the trial,Duh?
Move the trial,Duh?
Move the trial,Duh?
Move the trial,Duh?
If the trial is not moved then Yolo County Court will have an even worse reputation due to Judge Dave Rosenberg and the Sheriff Ed Prieto. They owe it to the dignity of the courts and the family of the victim (Deputy Diaz) to do the right thing.
If the trial is not moved then Yolo County Court will have an even worse reputation due to Judge Dave Rosenberg and the Sheriff Ed Prieto. They owe it to the dignity of the courts and the family of the victim (Deputy Diaz) to do the right thing.
If the trial is not moved then Yolo County Court will have an even worse reputation due to Judge Dave Rosenberg and the Sheriff Ed Prieto. They owe it to the dignity of the courts and the family of the victim (Deputy Diaz) to do the right thing.
If the trial is not moved then Yolo County Court will have an even worse reputation due to Judge Dave Rosenberg and the Sheriff Ed Prieto. They owe it to the dignity of the courts and the family of the victim (Deputy Diaz) to do the right thing.
Does anyone honestly believe there will be a different outcome for this case in say Yuba County than there would be in Woodland?
My own preferred outcome — assuming that the accused is not innocent of the charges — is that they charge him with murder and special circumstances, permitting a death penalty case, and then his attorney and the prosecution agree to a plea of guilty without a trial in exchange for life without parole.
As I’ve said in other threads, I believe in capital punishment. However, we don’t have a functional death penalty in California; and what we do have, waiting 30 years for execution, doesn’t serve as a deterent and it costs way too much money.
I also don’t like life without parole as a general rule. However, if that sentence offer would motivate the defendant to plead the case without a costly trial and without all of the costs associated with death penalty appeals, then it seems like the best alternative….
But I kind of fear that Reisig will want to try this case for the honor of the victim, no matter what.
Does anyone honestly believe there will be a different outcome for this case in say Yuba County than there would be in Woodland?
My own preferred outcome — assuming that the accused is not innocent of the charges — is that they charge him with murder and special circumstances, permitting a death penalty case, and then his attorney and the prosecution agree to a plea of guilty without a trial in exchange for life without parole.
As I’ve said in other threads, I believe in capital punishment. However, we don’t have a functional death penalty in California; and what we do have, waiting 30 years for execution, doesn’t serve as a deterent and it costs way too much money.
I also don’t like life without parole as a general rule. However, if that sentence offer would motivate the defendant to plead the case without a costly trial and without all of the costs associated with death penalty appeals, then it seems like the best alternative….
But I kind of fear that Reisig will want to try this case for the honor of the victim, no matter what.
Does anyone honestly believe there will be a different outcome for this case in say Yuba County than there would be in Woodland?
My own preferred outcome — assuming that the accused is not innocent of the charges — is that they charge him with murder and special circumstances, permitting a death penalty case, and then his attorney and the prosecution agree to a plea of guilty without a trial in exchange for life without parole.
As I’ve said in other threads, I believe in capital punishment. However, we don’t have a functional death penalty in California; and what we do have, waiting 30 years for execution, doesn’t serve as a deterent and it costs way too much money.
I also don’t like life without parole as a general rule. However, if that sentence offer would motivate the defendant to plead the case without a costly trial and without all of the costs associated with death penalty appeals, then it seems like the best alternative….
But I kind of fear that Reisig will want to try this case for the honor of the victim, no matter what.
Does anyone honestly believe there will be a different outcome for this case in say Yuba County than there would be in Woodland?
My own preferred outcome — assuming that the accused is not innocent of the charges — is that they charge him with murder and special circumstances, permitting a death penalty case, and then his attorney and the prosecution agree to a plea of guilty without a trial in exchange for life without parole.
As I’ve said in other threads, I believe in capital punishment. However, we don’t have a functional death penalty in California; and what we do have, waiting 30 years for execution, doesn’t serve as a deterent and it costs way too much money.
I also don’t like life without parole as a general rule. However, if that sentence offer would motivate the defendant to plead the case without a costly trial and without all of the costs associated with death penalty appeals, then it seems like the best alternative….
But I kind of fear that Reisig will want to try this case for the honor of the victim, no matter what.
” Does anyone honestly believe there will be a different outcome for this case in say Yuba County than there would be in Woodland?”
Rich: I don’t. However, I also don’t view a trial or the justice system as an outcome, rather I view it as a process or rather a series of processes by which an accused individual is able to hear the evidence against him and refute that evidence during a fair process in front of a fair and impartial jury of his peers.
” Does anyone honestly believe there will be a different outcome for this case in say Yuba County than there would be in Woodland?”
Rich: I don’t. However, I also don’t view a trial or the justice system as an outcome, rather I view it as a process or rather a series of processes by which an accused individual is able to hear the evidence against him and refute that evidence during a fair process in front of a fair and impartial jury of his peers.
” Does anyone honestly believe there will be a different outcome for this case in say Yuba County than there would be in Woodland?”
Rich: I don’t. However, I also don’t view a trial or the justice system as an outcome, rather I view it as a process or rather a series of processes by which an accused individual is able to hear the evidence against him and refute that evidence during a fair process in front of a fair and impartial jury of his peers.
” Does anyone honestly believe there will be a different outcome for this case in say Yuba County than there would be in Woodland?”
Rich: I don’t. However, I also don’t view a trial or the justice system as an outcome, rather I view it as a process or rather a series of processes by which an accused individual is able to hear the evidence against him and refute that evidence during a fair process in front of a fair and impartial jury of his peers.
I agree with Rich Rifkin regarding the trial of this worthless mexican gang banger, with one exception. He should be give the death penalty and executed with 30 days to 1 year of his conviction.
That way my children don’t have to pay for this useless person.
I agree with Rich Rifkin regarding the trial of this worthless mexican gang banger, with one exception. He should be give the death penalty and executed with 30 days to 1 year of his conviction.
That way my children don’t have to pay for this useless person.
I agree with Rich Rifkin regarding the trial of this worthless mexican gang banger, with one exception. He should be give the death penalty and executed with 30 days to 1 year of his conviction.
That way my children don’t have to pay for this useless person.
I agree with Rich Rifkin regarding the trial of this worthless mexican gang banger, with one exception. He should be give the death penalty and executed with 30 days to 1 year of his conviction.
That way my children don’t have to pay for this useless person.
That should read, given and within.
That should read, given and within.
That should read, given and within.
That should read, given and within.
“worthless mexican gang banger”
I don’t see this as useful and somewhat racist. He could be a white prep school student on a summer break from Stanford for all I care–it is IRRELEVANT.
“He should be give the death penalty and executed with 30 days to 1 year of his conviction.”
He won’t be, so this is irrelevant.
“worthless mexican gang banger”
I don’t see this as useful and somewhat racist. He could be a white prep school student on a summer break from Stanford for all I care–it is IRRELEVANT.
“He should be give the death penalty and executed with 30 days to 1 year of his conviction.”
He won’t be, so this is irrelevant.
“worthless mexican gang banger”
I don’t see this as useful and somewhat racist. He could be a white prep school student on a summer break from Stanford for all I care–it is IRRELEVANT.
“He should be give the death penalty and executed with 30 days to 1 year of his conviction.”
He won’t be, so this is irrelevant.
“worthless mexican gang banger”
I don’t see this as useful and somewhat racist. He could be a white prep school student on a summer break from Stanford for all I care–it is IRRELEVANT.
“He should be give the death penalty and executed with 30 days to 1 year of his conviction.”
He won’t be, so this is irrelevant.
“I don’t see this as useful and somewhat racist. He could be a white prep school student on a summer break from Stanford for all I care.”
He is white*, though I would guess not a Cardinal. Whether or not his ancestors came from Mexico, I too don’t care or see the relevance.
* Exactly what “white” means is not always clear. The guy I saw on TV was fair complected with ordinary European features.
Vicente,
It really depends how you read it.
Topete is said to be a member of a mexican gang, Nortenos. So mexican gang banger would be a correct description of the man. His crime is pretty horrific – driving at high speed and then engaging in a shoot out with law enforcement while his infant daughter was in the car with him and then, when the officer was down and dying, running away and abandoning his daughter in the car on the side of the road. If it is true, then I’d agree that the guy is pretty worthless.
I think you could say it was racist if you read it as “worthless mexican” (without the gang banger part) or “worthless, mexican, gang banger” (with commas).
“I don’t see this as useful and somewhat racist. He could be a white prep school student on a summer break from Stanford for all I care.”
He is white*, though I would guess not a Cardinal. Whether or not his ancestors came from Mexico, I too don’t care or see the relevance.
* Exactly what “white” means is not always clear. The guy I saw on TV was fair complected with ordinary European features.
Vicente,
It really depends how you read it.
Topete is said to be a member of a mexican gang, Nortenos. So mexican gang banger would be a correct description of the man. His crime is pretty horrific – driving at high speed and then engaging in a shoot out with law enforcement while his infant daughter was in the car with him and then, when the officer was down and dying, running away and abandoning his daughter in the car on the side of the road. If it is true, then I’d agree that the guy is pretty worthless.
I think you could say it was racist if you read it as “worthless mexican” (without the gang banger part) or “worthless, mexican, gang banger” (with commas).
“I don’t see this as useful and somewhat racist. He could be a white prep school student on a summer break from Stanford for all I care.”
He is white*, though I would guess not a Cardinal. Whether or not his ancestors came from Mexico, I too don’t care or see the relevance.
* Exactly what “white” means is not always clear. The guy I saw on TV was fair complected with ordinary European features.
Vicente,
It really depends how you read it.
Topete is said to be a member of a mexican gang, Nortenos. So mexican gang banger would be a correct description of the man. His crime is pretty horrific – driving at high speed and then engaging in a shoot out with law enforcement while his infant daughter was in the car with him and then, when the officer was down and dying, running away and abandoning his daughter in the car on the side of the road. If it is true, then I’d agree that the guy is pretty worthless.
I think you could say it was racist if you read it as “worthless mexican” (without the gang banger part) or “worthless, mexican, gang banger” (with commas).
“I don’t see this as useful and somewhat racist. He could be a white prep school student on a summer break from Stanford for all I care.”
He is white*, though I would guess not a Cardinal. Whether or not his ancestors came from Mexico, I too don’t care or see the relevance.
* Exactly what “white” means is not always clear. The guy I saw on TV was fair complected with ordinary European features.
Vicente,
It really depends how you read it.
Topete is said to be a member of a mexican gang, Nortenos. So mexican gang banger would be a correct description of the man. His crime is pretty horrific – driving at high speed and then engaging in a shoot out with law enforcement while his infant daughter was in the car with him and then, when the officer was down and dying, running away and abandoning his daughter in the car on the side of the road. If it is true, then I’d agree that the guy is pretty worthless.
I think you could say it was racist if you read it as “worthless mexican” (without the gang banger part) or “worthless, mexican, gang banger” (with commas).
DPD, the turn of events since the slaying of Deputy Diaz has been uninmaginable and stunning for me. I never heard of such in even a movie or tv script. What do you think the courts will do about the surveillance tapes and what will be the consequences if Public Defender Johannson is right? Wow!
DPD, the turn of events since the slaying of Deputy Diaz has been uninmaginable and stunning for me. I never heard of such in even a movie or tv script. What do you think the courts will do about the surveillance tapes and what will be the consequences if Public Defender Johannson is right? Wow!
DPD, the turn of events since the slaying of Deputy Diaz has been uninmaginable and stunning for me. I never heard of such in even a movie or tv script. What do you think the courts will do about the surveillance tapes and what will be the consequences if Public Defender Johannson is right? Wow!
DPD, the turn of events since the slaying of Deputy Diaz has been uninmaginable and stunning for me. I never heard of such in even a movie or tv script. What do you think the courts will do about the surveillance tapes and what will be the consequences if Public Defender Johannson is right? Wow!
Judge Rosenberg cannot hear this motion. I suspect that the next shoe to drop will be his recusal and a request that the Judicial Council select an out of county judge to hear it.
If the PD substantiates that the courthouse closed its courtrooms 30 minutes prior to the Lopete arraignment to permit its deputies to attend while excluding the public, and he has already provided the court with sworn affidavits from attorneys in support of this in some of the departments, then it places Rosenberg’s “investigation” in a particularly dubious light.
If there is anything consistent about this situation, it is the apparent failure of the court, and anyone associated with it, to speak honestly about what happened. How could Rosenberg issue that report in light of what the PD presented to the court yesterday?
Perry, now Rosenberg. If the PD backs up its assertion in court yesterday, it may be necessary for the Yolo County Superior Court to select a new executive officer and a new presiding judge if it expects the public to give any credibility to its actions.
We aren’t there yet, we don’t know yet if the PD can back up its claims yesterday, but, so far, it doesn’t look good.
–Richard Estes
Judge Rosenberg cannot hear this motion. I suspect that the next shoe to drop will be his recusal and a request that the Judicial Council select an out of county judge to hear it.
If the PD substantiates that the courthouse closed its courtrooms 30 minutes prior to the Lopete arraignment to permit its deputies to attend while excluding the public, and he has already provided the court with sworn affidavits from attorneys in support of this in some of the departments, then it places Rosenberg’s “investigation” in a particularly dubious light.
If there is anything consistent about this situation, it is the apparent failure of the court, and anyone associated with it, to speak honestly about what happened. How could Rosenberg issue that report in light of what the PD presented to the court yesterday?
Perry, now Rosenberg. If the PD backs up its assertion in court yesterday, it may be necessary for the Yolo County Superior Court to select a new executive officer and a new presiding judge if it expects the public to give any credibility to its actions.
We aren’t there yet, we don’t know yet if the PD can back up its claims yesterday, but, so far, it doesn’t look good.
–Richard Estes
Judge Rosenberg cannot hear this motion. I suspect that the next shoe to drop will be his recusal and a request that the Judicial Council select an out of county judge to hear it.
If the PD substantiates that the courthouse closed its courtrooms 30 minutes prior to the Lopete arraignment to permit its deputies to attend while excluding the public, and he has already provided the court with sworn affidavits from attorneys in support of this in some of the departments, then it places Rosenberg’s “investigation” in a particularly dubious light.
If there is anything consistent about this situation, it is the apparent failure of the court, and anyone associated with it, to speak honestly about what happened. How could Rosenberg issue that report in light of what the PD presented to the court yesterday?
Perry, now Rosenberg. If the PD backs up its assertion in court yesterday, it may be necessary for the Yolo County Superior Court to select a new executive officer and a new presiding judge if it expects the public to give any credibility to its actions.
We aren’t there yet, we don’t know yet if the PD can back up its claims yesterday, but, so far, it doesn’t look good.
–Richard Estes
Judge Rosenberg cannot hear this motion. I suspect that the next shoe to drop will be his recusal and a request that the Judicial Council select an out of county judge to hear it.
If the PD substantiates that the courthouse closed its courtrooms 30 minutes prior to the Lopete arraignment to permit its deputies to attend while excluding the public, and he has already provided the court with sworn affidavits from attorneys in support of this in some of the departments, then it places Rosenberg’s “investigation” in a particularly dubious light.
If there is anything consistent about this situation, it is the apparent failure of the court, and anyone associated with it, to speak honestly about what happened. How could Rosenberg issue that report in light of what the PD presented to the court yesterday?
Perry, now Rosenberg. If the PD backs up its assertion in court yesterday, it may be necessary for the Yolo County Superior Court to select a new executive officer and a new presiding judge if it expects the public to give any credibility to its actions.
We aren’t there yet, we don’t know yet if the PD can back up its claims yesterday, but, so far, it doesn’t look good.
–Richard Estes
The standard for disqualification of a judge in the Code of Civil Procedure is whether there could be an appearance of impropriety from the point of view of the public. That is not a high standard. It’s just that the judiciary rarely abides by this low standard that leads people to question whether the “motion” will be “granted”. I do not agree that there has to be proof of an intent to keep the public out, because the standard is whether it looks bad, which it does.
I also don’t agree that the surveillance tapes, if they show what is alleged, don’t prove the judges intended to keep the public out. It’s a fact that the Department 9 courtroom is very small. If those tapes show the courts closed, they also show that there was an intention to flood the tiny courtroom with law enforcement officers, which would necessarily have resulted in at least some exclusion of the public.
I believe the truth is there was collusion and an intentional plan by the judges together with law enforcement, and other agency heads present in Department 9 that day including Barry Melton, PD, and Jeff Reisig, DA. That’s called a conspiracy to violate the defendant’s constitutional rights which is actionable under federal civil rights laws in federal court.
If public defender Johanson keeps doing a good job like this, no doubt he will be referring his client to a civil rights lawyer and soon Topete will be able to afford private counsel.
I agree strongly with the first anonymous comment that this incident demonstrates the corruption of Yolo County officials, but you are a naive Pollyanna to expect honesty in this County. In this county you should only expect the worst, and then you will get worse.
At least Johanson has tapes for evidence–but those security cameras are not running inside the courtrooms, only in the halls. How many corrupt acts are not caught on tape?
The judges’ personal local rules don’t allow the public to monitor their behavior. Cameras, videocameras and tape recorders are not allowed unless a judge permits it, e.g. if he wants to show off on TV. So cameras can come in for a judge’s ego and public profile but you can not bring one to make your own record of what really happened.
You are supposed to trust the record of your case to their staff, and their court reporters–but we have now all seen this is an organization that lies. Trust is for suckers.
For security, we the public should insist on videotapes and cameras throughout the courthouse, including the judge’s chambers, and create a public right to bring videocameras and tape recorders and make their own pictures and tapes in the courtrooms.
Judges should not be able to control the record of what goes on at the courthouse. It’s clear judges lie in Yolo County.
Doesn’t it bother anyone that the Yolo County Superior Court makes such an effort to keep people from recording what actually goes on in the court? What are they afraid of? The public and the light of day, as we have seen. Don’t be surprised if they claim the tapes are “missing”, “taped over in the normal course of business”, etc.
The standard for disqualification of a judge in the Code of Civil Procedure is whether there could be an appearance of impropriety from the point of view of the public. That is not a high standard. It’s just that the judiciary rarely abides by this low standard that leads people to question whether the “motion” will be “granted”. I do not agree that there has to be proof of an intent to keep the public out, because the standard is whether it looks bad, which it does.
I also don’t agree that the surveillance tapes, if they show what is alleged, don’t prove the judges intended to keep the public out. It’s a fact that the Department 9 courtroom is very small. If those tapes show the courts closed, they also show that there was an intention to flood the tiny courtroom with law enforcement officers, which would necessarily have resulted in at least some exclusion of the public.
I believe the truth is there was collusion and an intentional plan by the judges together with law enforcement, and other agency heads present in Department 9 that day including Barry Melton, PD, and Jeff Reisig, DA. That’s called a conspiracy to violate the defendant’s constitutional rights which is actionable under federal civil rights laws in federal court.
If public defender Johanson keeps doing a good job like this, no doubt he will be referring his client to a civil rights lawyer and soon Topete will be able to afford private counsel.
I agree strongly with the first anonymous comment that this incident demonstrates the corruption of Yolo County officials, but you are a naive Pollyanna to expect honesty in this County. In this county you should only expect the worst, and then you will get worse.
At least Johanson has tapes for evidence–but those security cameras are not running inside the courtrooms, only in the halls. How many corrupt acts are not caught on tape?
The judges’ personal local rules don’t allow the public to monitor their behavior. Cameras, videocameras and tape recorders are not allowed unless a judge permits it, e.g. if he wants to show off on TV. So cameras can come in for a judge’s ego and public profile but you can not bring one to make your own record of what really happened.
You are supposed to trust the record of your case to their staff, and their court reporters–but we have now all seen this is an organization that lies. Trust is for suckers.
For security, we the public should insist on videotapes and cameras throughout the courthouse, including the judge’s chambers, and create a public right to bring videocameras and tape recorders and make their own pictures and tapes in the courtrooms.
Judges should not be able to control the record of what goes on at the courthouse. It’s clear judges lie in Yolo County.
Doesn’t it bother anyone that the Yolo County Superior Court makes such an effort to keep people from recording what actually goes on in the court? What are they afraid of? The public and the light of day, as we have seen. Don’t be surprised if they claim the tapes are “missing”, “taped over in the normal course of business”, etc.
The standard for disqualification of a judge in the Code of Civil Procedure is whether there could be an appearance of impropriety from the point of view of the public. That is not a high standard. It’s just that the judiciary rarely abides by this low standard that leads people to question whether the “motion” will be “granted”. I do not agree that there has to be proof of an intent to keep the public out, because the standard is whether it looks bad, which it does.
I also don’t agree that the surveillance tapes, if they show what is alleged, don’t prove the judges intended to keep the public out. It’s a fact that the Department 9 courtroom is very small. If those tapes show the courts closed, they also show that there was an intention to flood the tiny courtroom with law enforcement officers, which would necessarily have resulted in at least some exclusion of the public.
I believe the truth is there was collusion and an intentional plan by the judges together with law enforcement, and other agency heads present in Department 9 that day including Barry Melton, PD, and Jeff Reisig, DA. That’s called a conspiracy to violate the defendant’s constitutional rights which is actionable under federal civil rights laws in federal court.
If public defender Johanson keeps doing a good job like this, no doubt he will be referring his client to a civil rights lawyer and soon Topete will be able to afford private counsel.
I agree strongly with the first anonymous comment that this incident demonstrates the corruption of Yolo County officials, but you are a naive Pollyanna to expect honesty in this County. In this county you should only expect the worst, and then you will get worse.
At least Johanson has tapes for evidence–but those security cameras are not running inside the courtrooms, only in the halls. How many corrupt acts are not caught on tape?
The judges’ personal local rules don’t allow the public to monitor their behavior. Cameras, videocameras and tape recorders are not allowed unless a judge permits it, e.g. if he wants to show off on TV. So cameras can come in for a judge’s ego and public profile but you can not bring one to make your own record of what really happened.
You are supposed to trust the record of your case to their staff, and their court reporters–but we have now all seen this is an organization that lies. Trust is for suckers.
For security, we the public should insist on videotapes and cameras throughout the courthouse, including the judge’s chambers, and create a public right to bring videocameras and tape recorders and make their own pictures and tapes in the courtrooms.
Judges should not be able to control the record of what goes on at the courthouse. It’s clear judges lie in Yolo County.
Doesn’t it bother anyone that the Yolo County Superior Court makes such an effort to keep people from recording what actually goes on in the court? What are they afraid of? The public and the light of day, as we have seen. Don’t be surprised if they claim the tapes are “missing”, “taped over in the normal course of business”, etc.
The standard for disqualification of a judge in the Code of Civil Procedure is whether there could be an appearance of impropriety from the point of view of the public. That is not a high standard. It’s just that the judiciary rarely abides by this low standard that leads people to question whether the “motion” will be “granted”. I do not agree that there has to be proof of an intent to keep the public out, because the standard is whether it looks bad, which it does.
I also don’t agree that the surveillance tapes, if they show what is alleged, don’t prove the judges intended to keep the public out. It’s a fact that the Department 9 courtroom is very small. If those tapes show the courts closed, they also show that there was an intention to flood the tiny courtroom with law enforcement officers, which would necessarily have resulted in at least some exclusion of the public.
I believe the truth is there was collusion and an intentional plan by the judges together with law enforcement, and other agency heads present in Department 9 that day including Barry Melton, PD, and Jeff Reisig, DA. That’s called a conspiracy to violate the defendant’s constitutional rights which is actionable under federal civil rights laws in federal court.
If public defender Johanson keeps doing a good job like this, no doubt he will be referring his client to a civil rights lawyer and soon Topete will be able to afford private counsel.
I agree strongly with the first anonymous comment that this incident demonstrates the corruption of Yolo County officials, but you are a naive Pollyanna to expect honesty in this County. In this county you should only expect the worst, and then you will get worse.
At least Johanson has tapes for evidence–but those security cameras are not running inside the courtrooms, only in the halls. How many corrupt acts are not caught on tape?
The judges’ personal local rules don’t allow the public to monitor their behavior. Cameras, videocameras and tape recorders are not allowed unless a judge permits it, e.g. if he wants to show off on TV. So cameras can come in for a judge’s ego and public profile but you can not bring one to make your own record of what really happened.
You are supposed to trust the record of your case to their staff, and their court reporters–but we have now all seen this is an organization that lies. Trust is for suckers.
For security, we the public should insist on videotapes and cameras throughout the courthouse, including the judge’s chambers, and create a public right to bring videocameras and tape recorders and make their own pictures and tapes in the courtrooms.
Judges should not be able to control the record of what goes on at the courthouse. It’s clear judges lie in Yolo County.
Doesn’t it bother anyone that the Yolo County Superior Court makes such an effort to keep people from recording what actually goes on in the court? What are they afraid of? The public and the light of day, as we have seen. Don’t be surprised if they claim the tapes are “missing”, “taped over in the normal course of business”, etc.
The Yolo County Superior Court needs to be taken over, everyone fired, and rebuilt from the bottom to the top.
The Yolo County Superior Court needs to be taken over, everyone fired, and rebuilt from the bottom to the top.
The Yolo County Superior Court needs to be taken over, everyone fired, and rebuilt from the bottom to the top.
The Yolo County Superior Court needs to be taken over, everyone fired, and rebuilt from the bottom to the top.
My God. This is really going too far. I, for one, don’t believe that any Judge should be fired over this.
If the Judges closed their courtroom for 30 minutes so their bailiffs could go attend the hearing, it was probably out of consideration for their bailiff, not some conspiracy to keep the media and general public out of Dept. 9.
Deputy Diaz worked in the Courthouse as Judge White’s bailiff. Before that he was a roving IT guy that helped everyone in the County with their computers. He was well-known and well-liked.
So, much in the same way that the DA’s office can’t investigate the Abraham’s death, the Public Defender feels that there is no judge in Yolo County that can oversee the trial in an unbiased way. Excusing their bailiffs so they could attend the hearing only serves to demonstrate the Judges bias concerning the case. Nothing more.
I certainly won’t entertain any idea of tar and feathering any Judge. I don’t believe that I have lost trust in any one of them. I know that they are as concerned about how the Topete case has been handled as we are. Rosenberg has done everything he could do to rectify the mistake – allowing the media bring cameras into the courtroom, seating the general public on a first-come, first-served basis, allowing the defendant to appear in civilian clothes and unshackled, being willing to re-read the charges, etc.
It may be a good thing to move this case out of Yolo County. People are too emotional about it, too involved, too conspiracy-minded. I don’t know of anyone who would want to serve on the jury when everyone connected with this case is being tainted in some way. There is nothing good that can possibly come from keeping it here. Move it far away from here.
My God. This is really going too far. I, for one, don’t believe that any Judge should be fired over this.
If the Judges closed their courtroom for 30 minutes so their bailiffs could go attend the hearing, it was probably out of consideration for their bailiff, not some conspiracy to keep the media and general public out of Dept. 9.
Deputy Diaz worked in the Courthouse as Judge White’s bailiff. Before that he was a roving IT guy that helped everyone in the County with their computers. He was well-known and well-liked.
So, much in the same way that the DA’s office can’t investigate the Abraham’s death, the Public Defender feels that there is no judge in Yolo County that can oversee the trial in an unbiased way. Excusing their bailiffs so they could attend the hearing only serves to demonstrate the Judges bias concerning the case. Nothing more.
I certainly won’t entertain any idea of tar and feathering any Judge. I don’t believe that I have lost trust in any one of them. I know that they are as concerned about how the Topete case has been handled as we are. Rosenberg has done everything he could do to rectify the mistake – allowing the media bring cameras into the courtroom, seating the general public on a first-come, first-served basis, allowing the defendant to appear in civilian clothes and unshackled, being willing to re-read the charges, etc.
It may be a good thing to move this case out of Yolo County. People are too emotional about it, too involved, too conspiracy-minded. I don’t know of anyone who would want to serve on the jury when everyone connected with this case is being tainted in some way. There is nothing good that can possibly come from keeping it here. Move it far away from here.
My God. This is really going too far. I, for one, don’t believe that any Judge should be fired over this.
If the Judges closed their courtroom for 30 minutes so their bailiffs could go attend the hearing, it was probably out of consideration for their bailiff, not some conspiracy to keep the media and general public out of Dept. 9.
Deputy Diaz worked in the Courthouse as Judge White’s bailiff. Before that he was a roving IT guy that helped everyone in the County with their computers. He was well-known and well-liked.
So, much in the same way that the DA’s office can’t investigate the Abraham’s death, the Public Defender feels that there is no judge in Yolo County that can oversee the trial in an unbiased way. Excusing their bailiffs so they could attend the hearing only serves to demonstrate the Judges bias concerning the case. Nothing more.
I certainly won’t entertain any idea of tar and feathering any Judge. I don’t believe that I have lost trust in any one of them. I know that they are as concerned about how the Topete case has been handled as we are. Rosenberg has done everything he could do to rectify the mistake – allowing the media bring cameras into the courtroom, seating the general public on a first-come, first-served basis, allowing the defendant to appear in civilian clothes and unshackled, being willing to re-read the charges, etc.
It may be a good thing to move this case out of Yolo County. People are too emotional about it, too involved, too conspiracy-minded. I don’t know of anyone who would want to serve on the jury when everyone connected with this case is being tainted in some way. There is nothing good that can possibly come from keeping it here. Move it far away from here.
My God. This is really going too far. I, for one, don’t believe that any Judge should be fired over this.
If the Judges closed their courtroom for 30 minutes so their bailiffs could go attend the hearing, it was probably out of consideration for their bailiff, not some conspiracy to keep the media and general public out of Dept. 9.
Deputy Diaz worked in the Courthouse as Judge White’s bailiff. Before that he was a roving IT guy that helped everyone in the County with their computers. He was well-known and well-liked.
So, much in the same way that the DA’s office can’t investigate the Abraham’s death, the Public Defender feels that there is no judge in Yolo County that can oversee the trial in an unbiased way. Excusing their bailiffs so they could attend the hearing only serves to demonstrate the Judges bias concerning the case. Nothing more.
I certainly won’t entertain any idea of tar and feathering any Judge. I don’t believe that I have lost trust in any one of them. I know that they are as concerned about how the Topete case has been handled as we are. Rosenberg has done everything he could do to rectify the mistake – allowing the media bring cameras into the courtroom, seating the general public on a first-come, first-served basis, allowing the defendant to appear in civilian clothes and unshackled, being willing to re-read the charges, etc.
It may be a good thing to move this case out of Yolo County. People are too emotional about it, too involved, too conspiracy-minded. I don’t know of anyone who would want to serve on the jury when everyone connected with this case is being tainted in some way. There is nothing good that can possibly come from keeping it here. Move it far away from here.
HEY VINCENTE,
Guess what? He was’nt white or a preppy. And yeah, he may not be executed as soon as 1 year. It’s relevance? It reflects whats wrong with the system of alleged justice.
Having read some of your previous comments, you would’nt recognize relevance if it was looking you in the eye.
HEY VINCENTE,
Guess what? He was’nt white or a preppy. And yeah, he may not be executed as soon as 1 year. It’s relevance? It reflects whats wrong with the system of alleged justice.
Having read some of your previous comments, you would’nt recognize relevance if it was looking you in the eye.
HEY VINCENTE,
Guess what? He was’nt white or a preppy. And yeah, he may not be executed as soon as 1 year. It’s relevance? It reflects whats wrong with the system of alleged justice.
Having read some of your previous comments, you would’nt recognize relevance if it was looking you in the eye.
HEY VINCENTE,
Guess what? He was’nt white or a preppy. And yeah, he may not be executed as soon as 1 year. It’s relevance? It reflects whats wrong with the system of alleged justice.
Having read some of your previous comments, you would’nt recognize relevance if it was looking you in the eye.
I don’t see why the County is struggling with these issues: re-do the arraignment, and move the case. The conflict of interest with the case staying in Woodland is glaring. Why would the DA even think twice about not moving for change of venue?? Who needs a reversal of a near-certain conviction? Stop wasting judicial and county resources. Move the case.
I don’t see why the County is struggling with these issues: re-do the arraignment, and move the case. The conflict of interest with the case staying in Woodland is glaring. Why would the DA even think twice about not moving for change of venue?? Who needs a reversal of a near-certain conviction? Stop wasting judicial and county resources. Move the case.
I don’t see why the County is struggling with these issues: re-do the arraignment, and move the case. The conflict of interest with the case staying in Woodland is glaring. Why would the DA even think twice about not moving for change of venue?? Who needs a reversal of a near-certain conviction? Stop wasting judicial and county resources. Move the case.
I don’t see why the County is struggling with these issues: re-do the arraignment, and move the case. The conflict of interest with the case staying in Woodland is glaring. Why would the DA even think twice about not moving for change of venue?? Who needs a reversal of a near-certain conviction? Stop wasting judicial and county resources. Move the case.
Rosenberg has done everything he could do to rectify the mistake – allowing the media bring cameras into the courtroom, seating the general public on a first-come, first-served basis, allowing the defendant to appear in civilian clothes and unshackled, being willing to re-read the charges, etc.
Perhaps, Rosenberg could expand this effort to requiring the court and the deputies to honestly explain to the public what happened. So, far, as I said earlier, he has failed to do so, instead presenting the public with a report written primarily for public relations purposes (where it failed miserably, one might add).
Rosenberg’s and Perry’s credibility have been devastated by this, and, as I said, if the PD substantiates that Rosenberg issued that report with knowledge that the entire court had been shut down for 30 minutes to permit deputies to attend the first Lopete arraignment, than he is going to have consider whether he has any credibility to continue in the role of Presiding Judge.
I think that the answer is obvious.
–Richard Estes
Rosenberg has done everything he could do to rectify the mistake – allowing the media bring cameras into the courtroom, seating the general public on a first-come, first-served basis, allowing the defendant to appear in civilian clothes and unshackled, being willing to re-read the charges, etc.
Perhaps, Rosenberg could expand this effort to requiring the court and the deputies to honestly explain to the public what happened. So, far, as I said earlier, he has failed to do so, instead presenting the public with a report written primarily for public relations purposes (where it failed miserably, one might add).
Rosenberg’s and Perry’s credibility have been devastated by this, and, as I said, if the PD substantiates that Rosenberg issued that report with knowledge that the entire court had been shut down for 30 minutes to permit deputies to attend the first Lopete arraignment, than he is going to have consider whether he has any credibility to continue in the role of Presiding Judge.
I think that the answer is obvious.
–Richard Estes
Rosenberg has done everything he could do to rectify the mistake – allowing the media bring cameras into the courtroom, seating the general public on a first-come, first-served basis, allowing the defendant to appear in civilian clothes and unshackled, being willing to re-read the charges, etc.
Perhaps, Rosenberg could expand this effort to requiring the court and the deputies to honestly explain to the public what happened. So, far, as I said earlier, he has failed to do so, instead presenting the public with a report written primarily for public relations purposes (where it failed miserably, one might add).
Rosenberg’s and Perry’s credibility have been devastated by this, and, as I said, if the PD substantiates that Rosenberg issued that report with knowledge that the entire court had been shut down for 30 minutes to permit deputies to attend the first Lopete arraignment, than he is going to have consider whether he has any credibility to continue in the role of Presiding Judge.
I think that the answer is obvious.
–Richard Estes
Rosenberg has done everything he could do to rectify the mistake – allowing the media bring cameras into the courtroom, seating the general public on a first-come, first-served basis, allowing the defendant to appear in civilian clothes and unshackled, being willing to re-read the charges, etc.
Perhaps, Rosenberg could expand this effort to requiring the court and the deputies to honestly explain to the public what happened. So, far, as I said earlier, he has failed to do so, instead presenting the public with a report written primarily for public relations purposes (where it failed miserably, one might add).
Rosenberg’s and Perry’s credibility have been devastated by this, and, as I said, if the PD substantiates that Rosenberg issued that report with knowledge that the entire court had been shut down for 30 minutes to permit deputies to attend the first Lopete arraignment, than he is going to have consider whether he has any credibility to continue in the role of Presiding Judge.
I think that the answer is obvious.
–Richard Estes
So suggest which Judge should be the Presiding Judge out of the Judges at the Yolo County Court? I don’t believe that Rosenberg has not lost credibility with the people living here in Yolo County, Richard. The report specifically addressed three allegations and these were answered. Prieto has chosen not going to discipline his deputies who are in the middle of intense grief over the loss of their friend and coworker. Where is your compassion? Are you now going to continue to attack the Judge with each motion by Topete’s defense attorney?
Topete, if allegations are true, is a murderer. Eight children have lost their father. Lives have been devastated.
The Public Defender has an obligation to fully defend Topete. That means making certain that he is afforded every consideration under the law and a fair trial. That’s all he is doing in his motion to have a judge from outside the county to oversee the trial. This is justice working.
So suggest which Judge should be the Presiding Judge out of the Judges at the Yolo County Court? I don’t believe that Rosenberg has not lost credibility with the people living here in Yolo County, Richard. The report specifically addressed three allegations and these were answered. Prieto has chosen not going to discipline his deputies who are in the middle of intense grief over the loss of their friend and coworker. Where is your compassion? Are you now going to continue to attack the Judge with each motion by Topete’s defense attorney?
Topete, if allegations are true, is a murderer. Eight children have lost their father. Lives have been devastated.
The Public Defender has an obligation to fully defend Topete. That means making certain that he is afforded every consideration under the law and a fair trial. That’s all he is doing in his motion to have a judge from outside the county to oversee the trial. This is justice working.
So suggest which Judge should be the Presiding Judge out of the Judges at the Yolo County Court? I don’t believe that Rosenberg has not lost credibility with the people living here in Yolo County, Richard. The report specifically addressed three allegations and these were answered. Prieto has chosen not going to discipline his deputies who are in the middle of intense grief over the loss of their friend and coworker. Where is your compassion? Are you now going to continue to attack the Judge with each motion by Topete’s defense attorney?
Topete, if allegations are true, is a murderer. Eight children have lost their father. Lives have been devastated.
The Public Defender has an obligation to fully defend Topete. That means making certain that he is afforded every consideration under the law and a fair trial. That’s all he is doing in his motion to have a judge from outside the county to oversee the trial. This is justice working.
So suggest which Judge should be the Presiding Judge out of the Judges at the Yolo County Court? I don’t believe that Rosenberg has not lost credibility with the people living here in Yolo County, Richard. The report specifically addressed three allegations and these were answered. Prieto has chosen not going to discipline his deputies who are in the middle of intense grief over the loss of their friend and coworker. Where is your compassion? Are you now going to continue to attack the Judge with each motion by Topete’s defense attorney?
Topete, if allegations are true, is a murderer. Eight children have lost their father. Lives have been devastated.
The Public Defender has an obligation to fully defend Topete. That means making certain that he is afforded every consideration under the law and a fair trial. That’s all he is doing in his motion to have a judge from outside the county to oversee the trial. This is justice working.
” Mike Harrington said…
I don’t see why the County is struggling with these issues: re-do the arraignment, and move the case. The conflict of interest with the case staying in Woodland is glaring. Why would the DA even think twice about not moving for change of venue?? Who needs a reversal of a near-certain conviction? Stop wasting judicial and county resources. Move the case.”
Re-doing the arraignment will only exacerbate the issue – drawing attention to the mistake, and creating the appearance of “overkill” (pardon the pun) as to the defendent being charged. However, your comments about wasting judicial and county resources is absolutely correct. If the county does not want this case reversed on appeal, it has no choice but to change venue.
But I would go one step farther, and ask why Rosenberg, and the DA’s Office are not changing venue immediately – when it is clearly in the best interests of the victim’s family, law enforcement and themselves? To prolong things is only to prolong the scandal. Because Johannsen seems to be doing his job, it is clear venue will be changed – so why not sooner than later? Arrogance perhaps? I really don’t know…
” Mike Harrington said…
I don’t see why the County is struggling with these issues: re-do the arraignment, and move the case. The conflict of interest with the case staying in Woodland is glaring. Why would the DA even think twice about not moving for change of venue?? Who needs a reversal of a near-certain conviction? Stop wasting judicial and county resources. Move the case.”
Re-doing the arraignment will only exacerbate the issue – drawing attention to the mistake, and creating the appearance of “overkill” (pardon the pun) as to the defendent being charged. However, your comments about wasting judicial and county resources is absolutely correct. If the county does not want this case reversed on appeal, it has no choice but to change venue.
But I would go one step farther, and ask why Rosenberg, and the DA’s Office are not changing venue immediately – when it is clearly in the best interests of the victim’s family, law enforcement and themselves? To prolong things is only to prolong the scandal. Because Johannsen seems to be doing his job, it is clear venue will be changed – so why not sooner than later? Arrogance perhaps? I really don’t know…
” Mike Harrington said…
I don’t see why the County is struggling with these issues: re-do the arraignment, and move the case. The conflict of interest with the case staying in Woodland is glaring. Why would the DA even think twice about not moving for change of venue?? Who needs a reversal of a near-certain conviction? Stop wasting judicial and county resources. Move the case.”
Re-doing the arraignment will only exacerbate the issue – drawing attention to the mistake, and creating the appearance of “overkill” (pardon the pun) as to the defendent being charged. However, your comments about wasting judicial and county resources is absolutely correct. If the county does not want this case reversed on appeal, it has no choice but to change venue.
But I would go one step farther, and ask why Rosenberg, and the DA’s Office are not changing venue immediately – when it is clearly in the best interests of the victim’s family, law enforcement and themselves? To prolong things is only to prolong the scandal. Because Johannsen seems to be doing his job, it is clear venue will be changed – so why not sooner than later? Arrogance perhaps? I really don’t know…
” Mike Harrington said…
I don’t see why the County is struggling with these issues: re-do the arraignment, and move the case. The conflict of interest with the case staying in Woodland is glaring. Why would the DA even think twice about not moving for change of venue?? Who needs a reversal of a near-certain conviction? Stop wasting judicial and county resources. Move the case.”
Re-doing the arraignment will only exacerbate the issue – drawing attention to the mistake, and creating the appearance of “overkill” (pardon the pun) as to the defendent being charged. However, your comments about wasting judicial and county resources is absolutely correct. If the county does not want this case reversed on appeal, it has no choice but to change venue.
But I would go one step farther, and ask why Rosenberg, and the DA’s Office are not changing venue immediately – when it is clearly in the best interests of the victim’s family, law enforcement and themselves? To prolong things is only to prolong the scandal. Because Johannsen seems to be doing his job, it is clear venue will be changed – so why not sooner than later? Arrogance perhaps? I really don’t know…
I meant to say that I did not believe that Rosenberg has lost credibility in Yolo County. He is by far the most conscientious of the Judges in Yolo County. I’ve never heard of anyone claiming that he is not a good Judge.
As for moving the trial, I believe that it is the defense that has to make that request. So far, the defense is just asking that a Judge from outside the County come in to run the trial.
I meant to say that I did not believe that Rosenberg has lost credibility in Yolo County. He is by far the most conscientious of the Judges in Yolo County. I’ve never heard of anyone claiming that he is not a good Judge.
As for moving the trial, I believe that it is the defense that has to make that request. So far, the defense is just asking that a Judge from outside the County come in to run the trial.
I meant to say that I did not believe that Rosenberg has lost credibility in Yolo County. He is by far the most conscientious of the Judges in Yolo County. I’ve never heard of anyone claiming that he is not a good Judge.
As for moving the trial, I believe that it is the defense that has to make that request. So far, the defense is just asking that a Judge from outside the County come in to run the trial.
I meant to say that I did not believe that Rosenberg has lost credibility in Yolo County. He is by far the most conscientious of the Judges in Yolo County. I’ve never heard of anyone claiming that he is not a good Judge.
As for moving the trial, I believe that it is the defense that has to make that request. So far, the defense is just asking that a Judge from outside the County come in to run the trial.
The job of being a judge is a bit different from that of being presiding judge. The latter is more of an administrative role. It is possible he could be a good judge but poorly at being the presiding judge. Not saying he is.
The job of being a judge is a bit different from that of being presiding judge. The latter is more of an administrative role. It is possible he could be a good judge but poorly at being the presiding judge. Not saying he is.
The job of being a judge is a bit different from that of being presiding judge. The latter is more of an administrative role. It is possible he could be a good judge but poorly at being the presiding judge. Not saying he is.
The job of being a judge is a bit different from that of being presiding judge. The latter is more of an administrative role. It is possible he could be a good judge but poorly at being the presiding judge. Not saying he is.
I am not a specialist in criminal law or procedure. Maybe the new county has another arraignment, or Yolo has it, and then the case moves. Whatever the order, the defendant is entitled to an open, public arraignment by a court system that is not conflicted. Clearly, the Yolo County Sheriff and Court are conflicted. There should be no question that the case has to move, soon.
This is to DA Reisig: I know your office is under a gag order on this case. I do not expect a response from you. However, if your office would immediately enter into a stipulation with the defendants and move for transfer of venue, it would give your office and the Court a lot more confidence from the public. I know there are a lot of choices of venues, so you and defense counsel will have to debate that, and settle on one. Get going. Fix this mess. Don’t give this guy a technicality to challenge through every single stage of the later appeal.
ps Nice work to your staff with the prosecution of the man who killed Professor Scott, UCD Prof, Sociology. I was a student.
I am not a specialist in criminal law or procedure. Maybe the new county has another arraignment, or Yolo has it, and then the case moves. Whatever the order, the defendant is entitled to an open, public arraignment by a court system that is not conflicted. Clearly, the Yolo County Sheriff and Court are conflicted. There should be no question that the case has to move, soon.
This is to DA Reisig: I know your office is under a gag order on this case. I do not expect a response from you. However, if your office would immediately enter into a stipulation with the defendants and move for transfer of venue, it would give your office and the Court a lot more confidence from the public. I know there are a lot of choices of venues, so you and defense counsel will have to debate that, and settle on one. Get going. Fix this mess. Don’t give this guy a technicality to challenge through every single stage of the later appeal.
ps Nice work to your staff with the prosecution of the man who killed Professor Scott, UCD Prof, Sociology. I was a student.
I am not a specialist in criminal law or procedure. Maybe the new county has another arraignment, or Yolo has it, and then the case moves. Whatever the order, the defendant is entitled to an open, public arraignment by a court system that is not conflicted. Clearly, the Yolo County Sheriff and Court are conflicted. There should be no question that the case has to move, soon.
This is to DA Reisig: I know your office is under a gag order on this case. I do not expect a response from you. However, if your office would immediately enter into a stipulation with the defendants and move for transfer of venue, it would give your office and the Court a lot more confidence from the public. I know there are a lot of choices of venues, so you and defense counsel will have to debate that, and settle on one. Get going. Fix this mess. Don’t give this guy a technicality to challenge through every single stage of the later appeal.
ps Nice work to your staff with the prosecution of the man who killed Professor Scott, UCD Prof, Sociology. I was a student.
I am not a specialist in criminal law or procedure. Maybe the new county has another arraignment, or Yolo has it, and then the case moves. Whatever the order, the defendant is entitled to an open, public arraignment by a court system that is not conflicted. Clearly, the Yolo County Sheriff and Court are conflicted. There should be no question that the case has to move, soon.
This is to DA Reisig: I know your office is under a gag order on this case. I do not expect a response from you. However, if your office would immediately enter into a stipulation with the defendants and move for transfer of venue, it would give your office and the Court a lot more confidence from the public. I know there are a lot of choices of venues, so you and defense counsel will have to debate that, and settle on one. Get going. Fix this mess. Don’t give this guy a technicality to challenge through every single stage of the later appeal.
ps Nice work to your staff with the prosecution of the man who killed Professor Scott, UCD Prof, Sociology. I was a student.
“If the county does not want this case reversed on appeal, it has no choice but to change venue.”
I’m not a lawyer, so I have no idea if this opinion by an anonymous poster has any merit. Can you site a single case where there was a similar misstep by bailiffs at a pretrial hearing and because the case was not moved to another county, the case was reversed?
I have a feeling none of these anonymous know-it-alls can site such a case. And if not, then maybe this notion stated so matter of factly, that THE CASE MUST BE MOVED, are all hot air.
“But I would go one step farther, and ask why Rosenberg, and the DA’s Office are not changing venue immediately – when it is clearly in the best interests of the victim’s family, law enforcement and themselves?”
Again, unless you can site a case where an appeals court reversed a conviction because of a similar pretrial misstep, your over-the-top rantings about how wrong this procedure is carries no weight. It’s even weaker because, unlike Mike Harrington, you refuse to state your name.
“If the county does not want this case reversed on appeal, it has no choice but to change venue.”
I’m not a lawyer, so I have no idea if this opinion by an anonymous poster has any merit. Can you site a single case where there was a similar misstep by bailiffs at a pretrial hearing and because the case was not moved to another county, the case was reversed?
I have a feeling none of these anonymous know-it-alls can site such a case. And if not, then maybe this notion stated so matter of factly, that THE CASE MUST BE MOVED, are all hot air.
“But I would go one step farther, and ask why Rosenberg, and the DA’s Office are not changing venue immediately – when it is clearly in the best interests of the victim’s family, law enforcement and themselves?”
Again, unless you can site a case where an appeals court reversed a conviction because of a similar pretrial misstep, your over-the-top rantings about how wrong this procedure is carries no weight. It’s even weaker because, unlike Mike Harrington, you refuse to state your name.
“If the county does not want this case reversed on appeal, it has no choice but to change venue.”
I’m not a lawyer, so I have no idea if this opinion by an anonymous poster has any merit. Can you site a single case where there was a similar misstep by bailiffs at a pretrial hearing and because the case was not moved to another county, the case was reversed?
I have a feeling none of these anonymous know-it-alls can site such a case. And if not, then maybe this notion stated so matter of factly, that THE CASE MUST BE MOVED, are all hot air.
“But I would go one step farther, and ask why Rosenberg, and the DA’s Office are not changing venue immediately – when it is clearly in the best interests of the victim’s family, law enforcement and themselves?”
Again, unless you can site a case where an appeals court reversed a conviction because of a similar pretrial misstep, your over-the-top rantings about how wrong this procedure is carries no weight. It’s even weaker because, unlike Mike Harrington, you refuse to state your name.
“If the county does not want this case reversed on appeal, it has no choice but to change venue.”
I’m not a lawyer, so I have no idea if this opinion by an anonymous poster has any merit. Can you site a single case where there was a similar misstep by bailiffs at a pretrial hearing and because the case was not moved to another county, the case was reversed?
I have a feeling none of these anonymous know-it-alls can site such a case. And if not, then maybe this notion stated so matter of factly, that THE CASE MUST BE MOVED, are all hot air.
“But I would go one step farther, and ask why Rosenberg, and the DA’s Office are not changing venue immediately – when it is clearly in the best interests of the victim’s family, law enforcement and themselves?”
Again, unless you can site a case where an appeals court reversed a conviction because of a similar pretrial misstep, your over-the-top rantings about how wrong this procedure is carries no weight. It’s even weaker because, unlike Mike Harrington, you refuse to state your name.
“Can you site a single case…”
That should be “cite” not site. My bad.
“Can you site a single case…”
That should be “cite” not site. My bad.
“Can you site a single case…”
That should be “cite” not site. My bad.
“Can you site a single case…”
That should be “cite” not site. My bad.
I don’t believe that Rosenberg has not lost credibility with the people living here in Yolo County, Richard. The report specifically addressed three allegations and these were answered.
The problem is that it is becoming increasingly probable that they were answered dishonestly. If the PD proves the allegations that he made in court on Friday, that’s devastating for Rosenberg and Perry. Why would you believe anything they say? But you may be right, dishonest political manipulation has tended to be something that the people of Yolo County have historically tolerated, so it would not be a shock if they tolerated it in the presiding judge and chief executive officer of the court.
–Richard Estes
I don’t believe that Rosenberg has not lost credibility with the people living here in Yolo County, Richard. The report specifically addressed three allegations and these were answered.
The problem is that it is becoming increasingly probable that they were answered dishonestly. If the PD proves the allegations that he made in court on Friday, that’s devastating for Rosenberg and Perry. Why would you believe anything they say? But you may be right, dishonest political manipulation has tended to be something that the people of Yolo County have historically tolerated, so it would not be a shock if they tolerated it in the presiding judge and chief executive officer of the court.
–Richard Estes
I don’t believe that Rosenberg has not lost credibility with the people living here in Yolo County, Richard. The report specifically addressed three allegations and these were answered.
The problem is that it is becoming increasingly probable that they were answered dishonestly. If the PD proves the allegations that he made in court on Friday, that’s devastating for Rosenberg and Perry. Why would you believe anything they say? But you may be right, dishonest political manipulation has tended to be something that the people of Yolo County have historically tolerated, so it would not be a shock if they tolerated it in the presiding judge and chief executive officer of the court.
–Richard Estes
I don’t believe that Rosenberg has not lost credibility with the people living here in Yolo County, Richard. The report specifically addressed three allegations and these were answered.
The problem is that it is becoming increasingly probable that they were answered dishonestly. If the PD proves the allegations that he made in court on Friday, that’s devastating for Rosenberg and Perry. Why would you believe anything they say? But you may be right, dishonest political manipulation has tended to be something that the people of Yolo County have historically tolerated, so it would not be a shock if they tolerated it in the presiding judge and chief executive officer of the court.
–Richard Estes
Read the report again. It wasn’t dishonest. It just didn’t consider anything outside of the three allegations. The Presiding Judge asked for an investigation into the locking of the door to Dept. 9 and who ordered it and how the deputies were able to fill the courtroom when the policy is to seat public on first come, first served. The report answered those questions.
Maybe you don’t like the fact that the Judges have a personal, working relationship with the people around them and had some compassion with what they were going through and let them go attend the arraignment. Maybe that brings into question their ability to oversee the trial without bias. But to paint this as evil or dishonest is far-reaching and just plain mean.
Read the report again. It wasn’t dishonest. It just didn’t consider anything outside of the three allegations. The Presiding Judge asked for an investigation into the locking of the door to Dept. 9 and who ordered it and how the deputies were able to fill the courtroom when the policy is to seat public on first come, first served. The report answered those questions.
Maybe you don’t like the fact that the Judges have a personal, working relationship with the people around them and had some compassion with what they were going through and let them go attend the arraignment. Maybe that brings into question their ability to oversee the trial without bias. But to paint this as evil or dishonest is far-reaching and just plain mean.
Read the report again. It wasn’t dishonest. It just didn’t consider anything outside of the three allegations. The Presiding Judge asked for an investigation into the locking of the door to Dept. 9 and who ordered it and how the deputies were able to fill the courtroom when the policy is to seat public on first come, first served. The report answered those questions.
Maybe you don’t like the fact that the Judges have a personal, working relationship with the people around them and had some compassion with what they were going through and let them go attend the arraignment. Maybe that brings into question their ability to oversee the trial without bias. But to paint this as evil or dishonest is far-reaching and just plain mean.
Read the report again. It wasn’t dishonest. It just didn’t consider anything outside of the three allegations. The Presiding Judge asked for an investigation into the locking of the door to Dept. 9 and who ordered it and how the deputies were able to fill the courtroom when the policy is to seat public on first come, first served. The report answered those questions.
Maybe you don’t like the fact that the Judges have a personal, working relationship with the people around them and had some compassion with what they were going through and let them go attend the arraignment. Maybe that brings into question their ability to oversee the trial without bias. But to paint this as evil or dishonest is far-reaching and just plain mean.
The judges’ primary duty is to impartially serve the public interest. If they are unable to keep their relationships with staff in proper perspective, and permit those relationships to interfere with the discharge of their public duties for which they are employed, then they should not be judges. The fact is the judges closed their courtrooms to public business which it was their primary duty to conduct. That is not to say that I accept your characterization of their actions. I myself have observed the court misuse law enforcement staff by flooding the courtroom to intimidate the defense at a very tense pretrial moment. Yolo County judges are not some kind of hapless, naive, benevolent schmoes just trying to help a buddy out. PLease! Not everyone in Yolo Yolo County is a rube.
The judges’ primary duty is to impartially serve the public interest. If they are unable to keep their relationships with staff in proper perspective, and permit those relationships to interfere with the discharge of their public duties for which they are employed, then they should not be judges. The fact is the judges closed their courtrooms to public business which it was their primary duty to conduct. That is not to say that I accept your characterization of their actions. I myself have observed the court misuse law enforcement staff by flooding the courtroom to intimidate the defense at a very tense pretrial moment. Yolo County judges are not some kind of hapless, naive, benevolent schmoes just trying to help a buddy out. PLease! Not everyone in Yolo Yolo County is a rube.
The judges’ primary duty is to impartially serve the public interest. If they are unable to keep their relationships with staff in proper perspective, and permit those relationships to interfere with the discharge of their public duties for which they are employed, then they should not be judges. The fact is the judges closed their courtrooms to public business which it was their primary duty to conduct. That is not to say that I accept your characterization of their actions. I myself have observed the court misuse law enforcement staff by flooding the courtroom to intimidate the defense at a very tense pretrial moment. Yolo County judges are not some kind of hapless, naive, benevolent schmoes just trying to help a buddy out. PLease! Not everyone in Yolo Yolo County is a rube.
The judges’ primary duty is to impartially serve the public interest. If they are unable to keep their relationships with staff in proper perspective, and permit those relationships to interfere with the discharge of their public duties for which they are employed, then they should not be judges. The fact is the judges closed their courtrooms to public business which it was their primary duty to conduct. That is not to say that I accept your characterization of their actions. I myself have observed the court misuse law enforcement staff by flooding the courtroom to intimidate the defense at a very tense pretrial moment. Yolo County judges are not some kind of hapless, naive, benevolent schmoes just trying to help a buddy out. PLease! Not everyone in Yolo Yolo County is a rube.
A change of venue is in order. Give me a break. There is no conceivable way that Topete will receive a fair trial in Yolo County. His Public Defender is doing his job by ensuring that there are facts to support the defense. Video footage obtained from courtroom cameras is very powerful.
As for the references to ” worthless Mexican gang banger”, I do not understand the relevance of Topete’s race. Officer Diaz was of Hispanic heritage and no one will dispute the fact that his actions-that at the very least ultimately saved an infant’s life-were heroic. His race had nothing to do with being a valuable member of the Sheriff’s Department. He is not described as the “valuable Mexican sheriff deputy”.
When describing Topete, “Worthless gang banger” is more appropriate if you are limited to name calling when expressing yourself.
A change of venue is in order. Give me a break. There is no conceivable way that Topete will receive a fair trial in Yolo County. His Public Defender is doing his job by ensuring that there are facts to support the defense. Video footage obtained from courtroom cameras is very powerful.
As for the references to ” worthless Mexican gang banger”, I do not understand the relevance of Topete’s race. Officer Diaz was of Hispanic heritage and no one will dispute the fact that his actions-that at the very least ultimately saved an infant’s life-were heroic. His race had nothing to do with being a valuable member of the Sheriff’s Department. He is not described as the “valuable Mexican sheriff deputy”.
When describing Topete, “Worthless gang banger” is more appropriate if you are limited to name calling when expressing yourself.
A change of venue is in order. Give me a break. There is no conceivable way that Topete will receive a fair trial in Yolo County. His Public Defender is doing his job by ensuring that there are facts to support the defense. Video footage obtained from courtroom cameras is very powerful.
As for the references to ” worthless Mexican gang banger”, I do not understand the relevance of Topete’s race. Officer Diaz was of Hispanic heritage and no one will dispute the fact that his actions-that at the very least ultimately saved an infant’s life-were heroic. His race had nothing to do with being a valuable member of the Sheriff’s Department. He is not described as the “valuable Mexican sheriff deputy”.
When describing Topete, “Worthless gang banger” is more appropriate if you are limited to name calling when expressing yourself.
A change of venue is in order. Give me a break. There is no conceivable way that Topete will receive a fair trial in Yolo County. His Public Defender is doing his job by ensuring that there are facts to support the defense. Video footage obtained from courtroom cameras is very powerful.
As for the references to ” worthless Mexican gang banger”, I do not understand the relevance of Topete’s race. Officer Diaz was of Hispanic heritage and no one will dispute the fact that his actions-that at the very least ultimately saved an infant’s life-were heroic. His race had nothing to do with being a valuable member of the Sheriff’s Department. He is not described as the “valuable Mexican sheriff deputy”.
When describing Topete, “Worthless gang banger” is more appropriate if you are limited to name calling when expressing yourself.
While racism should of course be avoided, and while your point that nobody mentions the race of the officer is well-taken, frankly I don’t agree that race is completely irrelevant. A high percentage of crime is committed by Mexican illegals. I think that whenever a Mexican illegal is accused of a crime, that is newsworthy. People should be aware of the damage caused by the lack of immigration enforcement. That said, I know nothing of the defendant’s immigration status. However, I do object to calling any human being worthless. All human life has value. It may not be valuable to you, but it is inherently valuable. Certainly the defendant is loved and valued by his family members and by God, regardless of what he may have done. That is hate speech. Real hate is hate of your fellow man. Whoever spewed that hate is tragic and deserving of pity.
While racism should of course be avoided, and while your point that nobody mentions the race of the officer is well-taken, frankly I don’t agree that race is completely irrelevant. A high percentage of crime is committed by Mexican illegals. I think that whenever a Mexican illegal is accused of a crime, that is newsworthy. People should be aware of the damage caused by the lack of immigration enforcement. That said, I know nothing of the defendant’s immigration status. However, I do object to calling any human being worthless. All human life has value. It may not be valuable to you, but it is inherently valuable. Certainly the defendant is loved and valued by his family members and by God, regardless of what he may have done. That is hate speech. Real hate is hate of your fellow man. Whoever spewed that hate is tragic and deserving of pity.
While racism should of course be avoided, and while your point that nobody mentions the race of the officer is well-taken, frankly I don’t agree that race is completely irrelevant. A high percentage of crime is committed by Mexican illegals. I think that whenever a Mexican illegal is accused of a crime, that is newsworthy. People should be aware of the damage caused by the lack of immigration enforcement. That said, I know nothing of the defendant’s immigration status. However, I do object to calling any human being worthless. All human life has value. It may not be valuable to you, but it is inherently valuable. Certainly the defendant is loved and valued by his family members and by God, regardless of what he may have done. That is hate speech. Real hate is hate of your fellow man. Whoever spewed that hate is tragic and deserving of pity.
While racism should of course be avoided, and while your point that nobody mentions the race of the officer is well-taken, frankly I don’t agree that race is completely irrelevant. A high percentage of crime is committed by Mexican illegals. I think that whenever a Mexican illegal is accused of a crime, that is newsworthy. People should be aware of the damage caused by the lack of immigration enforcement. That said, I know nothing of the defendant’s immigration status. However, I do object to calling any human being worthless. All human life has value. It may not be valuable to you, but it is inherently valuable. Certainly the defendant is loved and valued by his family members and by God, regardless of what he may have done. That is hate speech. Real hate is hate of your fellow man. Whoever spewed that hate is tragic and deserving of pity.
“While racism should of course be avoided, and while your point that nobody mentions the race of the officer is well-taken, frankly I don’t agree that race is completely irrelevant. A high percentage of crime is committed by Mexican illegals. I think that whenever a Mexican illegal is accused of a crime, that is newsworthy. People should be aware of the damage caused by the lack of immigration enforcement. That said, I know nothing of the defendant’s immigration status.”
This is getting really silly. If you want to introduce the immigration issue, then Officer Diaz was born in Mexico and came to this country an illegal immigrant with his parents who were migrant farm workers. Will you now say that Officer Diaz wouldn’t have lost his life if immigration laws had been enforced?
“While racism should of course be avoided, and while your point that nobody mentions the race of the officer is well-taken, frankly I don’t agree that race is completely irrelevant. A high percentage of crime is committed by Mexican illegals. I think that whenever a Mexican illegal is accused of a crime, that is newsworthy. People should be aware of the damage caused by the lack of immigration enforcement. That said, I know nothing of the defendant’s immigration status.”
This is getting really silly. If you want to introduce the immigration issue, then Officer Diaz was born in Mexico and came to this country an illegal immigrant with his parents who were migrant farm workers. Will you now say that Officer Diaz wouldn’t have lost his life if immigration laws had been enforced?
“While racism should of course be avoided, and while your point that nobody mentions the race of the officer is well-taken, frankly I don’t agree that race is completely irrelevant. A high percentage of crime is committed by Mexican illegals. I think that whenever a Mexican illegal is accused of a crime, that is newsworthy. People should be aware of the damage caused by the lack of immigration enforcement. That said, I know nothing of the defendant’s immigration status.”
This is getting really silly. If you want to introduce the immigration issue, then Officer Diaz was born in Mexico and came to this country an illegal immigrant with his parents who were migrant farm workers. Will you now say that Officer Diaz wouldn’t have lost his life if immigration laws had been enforced?
“While racism should of course be avoided, and while your point that nobody mentions the race of the officer is well-taken, frankly I don’t agree that race is completely irrelevant. A high percentage of crime is committed by Mexican illegals. I think that whenever a Mexican illegal is accused of a crime, that is newsworthy. People should be aware of the damage caused by the lack of immigration enforcement. That said, I know nothing of the defendant’s immigration status.”
This is getting really silly. If you want to introduce the immigration issue, then Officer Diaz was born in Mexico and came to this country an illegal immigrant with his parents who were migrant farm workers. Will you now say that Officer Diaz wouldn’t have lost his life if immigration laws had been enforced?
Let me point out one more thing about race.
Recently two police officers have been shot and killed by “gang bangers”. One person was convicted for the first incident and another was charged for the second incident. In the second case the defendant is being called a “worthless Mexican”. I do not remember race being brought up in the first case the way it has in the second case. Please consider why that is.
Let me point out one more thing about race.
Recently two police officers have been shot and killed by “gang bangers”. One person was convicted for the first incident and another was charged for the second incident. In the second case the defendant is being called a “worthless Mexican”. I do not remember race being brought up in the first case the way it has in the second case. Please consider why that is.
Let me point out one more thing about race.
Recently two police officers have been shot and killed by “gang bangers”. One person was convicted for the first incident and another was charged for the second incident. In the second case the defendant is being called a “worthless Mexican”. I do not remember race being brought up in the first case the way it has in the second case. Please consider why that is.
Let me point out one more thing about race.
Recently two police officers have been shot and killed by “gang bangers”. One person was convicted for the first incident and another was charged for the second incident. In the second case the defendant is being called a “worthless Mexican”. I do not remember race being brought up in the first case the way it has in the second case. Please consider why that is.
I wonder how many white, Europeans are in our country illegally?
A lot of rapes and murders are committed by white males. Should we refer to them as dirty white males? NO! It would be as silly as the absurd person referencing Mexicans as illegals and blaming them for crimes.
Read your Bible and stop judging people. You should pray for forgiveness for how you label others.
I wonder how many white, Europeans are in our country illegally?
A lot of rapes and murders are committed by white males. Should we refer to them as dirty white males? NO! It would be as silly as the absurd person referencing Mexicans as illegals and blaming them for crimes.
Read your Bible and stop judging people. You should pray for forgiveness for how you label others.
I wonder how many white, Europeans are in our country illegally?
A lot of rapes and murders are committed by white males. Should we refer to them as dirty white males? NO! It would be as silly as the absurd person referencing Mexicans as illegals and blaming them for crimes.
Read your Bible and stop judging people. You should pray for forgiveness for how you label others.
I wonder how many white, Europeans are in our country illegally?
A lot of rapes and murders are committed by white males. Should we refer to them as dirty white males? NO! It would be as silly as the absurd person referencing Mexicans as illegals and blaming them for crimes.
Read your Bible and stop judging people. You should pray for forgiveness for how you label others.
“I’m not a lawyer, so I have no idea if this opinion by an anonymous poster has any merit. Can you site a single case where there was a similar misstep by bailiffs at a pretrial hearing and because the case was not moved to another county, the case was reversed?”
I am an attorney. It is basic law that every part of the criminal proceedings must be held in public. I don’t need to cite a specific case, and there may be one, to say categorically that a good defense attorney will use this mistake to argue the perp cannot get a fair trial. Why prolong the agony, and why not remove this issue altogether by changing venue? It just makes good sense.
And yes, I know of specific cases where a defendent’s conviction was reversed on appeal because of some minor technicality that law enforcement or the courts did not follow. Try doing an internet search of “arraignment”, which will probably lead you to the specific statute or case law that requires the arraignment be public. By the way, if there is no specific case on point, bad mistakes can make new law. I don’t want this to be the case that does – and it can. Perps have been let go on a lot less.
And no, I am not full of hot air. I don’t care to identify myself because of my indirect connection with the DA’s Office.
“I’m not a lawyer, so I have no idea if this opinion by an anonymous poster has any merit. Can you site a single case where there was a similar misstep by bailiffs at a pretrial hearing and because the case was not moved to another county, the case was reversed?”
I am an attorney. It is basic law that every part of the criminal proceedings must be held in public. I don’t need to cite a specific case, and there may be one, to say categorically that a good defense attorney will use this mistake to argue the perp cannot get a fair trial. Why prolong the agony, and why not remove this issue altogether by changing venue? It just makes good sense.
And yes, I know of specific cases where a defendent’s conviction was reversed on appeal because of some minor technicality that law enforcement or the courts did not follow. Try doing an internet search of “arraignment”, which will probably lead you to the specific statute or case law that requires the arraignment be public. By the way, if there is no specific case on point, bad mistakes can make new law. I don’t want this to be the case that does – and it can. Perps have been let go on a lot less.
And no, I am not full of hot air. I don’t care to identify myself because of my indirect connection with the DA’s Office.
“I’m not a lawyer, so I have no idea if this opinion by an anonymous poster has any merit. Can you site a single case where there was a similar misstep by bailiffs at a pretrial hearing and because the case was not moved to another county, the case was reversed?”
I am an attorney. It is basic law that every part of the criminal proceedings must be held in public. I don’t need to cite a specific case, and there may be one, to say categorically that a good defense attorney will use this mistake to argue the perp cannot get a fair trial. Why prolong the agony, and why not remove this issue altogether by changing venue? It just makes good sense.
And yes, I know of specific cases where a defendent’s conviction was reversed on appeal because of some minor technicality that law enforcement or the courts did not follow. Try doing an internet search of “arraignment”, which will probably lead you to the specific statute or case law that requires the arraignment be public. By the way, if there is no specific case on point, bad mistakes can make new law. I don’t want this to be the case that does – and it can. Perps have been let go on a lot less.
And no, I am not full of hot air. I don’t care to identify myself because of my indirect connection with the DA’s Office.
“I’m not a lawyer, so I have no idea if this opinion by an anonymous poster has any merit. Can you site a single case where there was a similar misstep by bailiffs at a pretrial hearing and because the case was not moved to another county, the case was reversed?”
I am an attorney. It is basic law that every part of the criminal proceedings must be held in public. I don’t need to cite a specific case, and there may be one, to say categorically that a good defense attorney will use this mistake to argue the perp cannot get a fair trial. Why prolong the agony, and why not remove this issue altogether by changing venue? It just makes good sense.
And yes, I know of specific cases where a defendent’s conviction was reversed on appeal because of some minor technicality that law enforcement or the courts did not follow. Try doing an internet search of “arraignment”, which will probably lead you to the specific statute or case law that requires the arraignment be public. By the way, if there is no specific case on point, bad mistakes can make new law. I don’t want this to be the case that does – and it can. Perps have been let go on a lot less.
And no, I am not full of hot air. I don’t care to identify myself because of my indirect connection with the DA’s Office.