July 2010 - Page 3 of 5 - Davis Vanguard

What We Have Learned From the First Week of the Gang Injunction Trial

By David GreenwaldJuly 17, 20105 comments

The Gang Injunction Trial is expected to go for at least two months, one week on, one week off. Judging by the first week, I would estimate it will be at least four months, possibly longer. The first week saw only three witnesses come forward, however, I would expect that to increase as time goes on and both sides develop some sort of routine or rhythm.

There are a lot of side issues still to be worked out. A big issue that needs to be resolved and will be is that of allowing hearsay testimony about unnamed defendants. I will also discuss in this column, the prosecution’s game plan thus far, and finally a bit commentary regarding a line of questioning on Tuesday pertaining to gang terms and slogans.

Lo que hemos aprendido durante la primera semana del proceso del mandamiento judicial pandillera

By David GreenwaldJuly 17, 20100 comments

El proceso del mandamiento judicial pandillera se espera durar para por lo menos dos meses, una semana en adelante, una semana fuera. A juzgar por la primera semana, yo estimaría que será por lo menos cuatro meses, posiblemente más. La primera semana sólo vió tres testigos, sin embargo, yo anticiparía que este numero aumentará cuando ambas partes desarrollen algún tipo de rutina o el ritmo.

Hay un montón de temas secundarios pendientes de resolver. Un asunto importante que necesita ser resuelto es lo de permitir el testimonio de pruebas indirectas sobre los acusados sin nombre. También voy a discutir en esta columna el plan de la fiscalía hasta este momento y, finalmente, algunos comentarios con respecto a una línea de preguntas el martes que relaciona a los términos de las pandillas y consignas.

Commentary: Time to Re-Think Sister Cities

By David GreenwaldJuly 16, 201024 comments

The Council pulled an item submitted on Tuesday by Mayor Don Saylor that would have established a volunteer position of Sister City Ambassador and appoint outgoing Mayor Ruth Asmundson to this position for the period 2010-12.

According to Mayor Saylor’s report, “The purpose of this position is to provide support and coordination for the several sister city programs and committees that have emerged over the years to link our community with people around the world. These programs enrich our community and build bridges in untold ways.”

Gang Injunction Trial Sees Testimony from Officer and Evidence About Unnamed Defendants

By David GreenwaldJuly 16, 20105 comments

On Thursday, the Gang Injunction Trial resumed and prompted more legal and philosophical questions as we saw West Sacramento Police Officer Michael Duggins testified about unnamed defendants and he named them. This prompted several long discussions about the relevance of testimony about named individuals who are not listed as defendants on the case, the fairness and propriety of the process.

We will discuss this issue more fully towards the end of this article and likely into the future as it gets really to the heart of the procedural matters and the rights of individuals.

Race is on in DJUSD School Board

By David GreenwaldJuly 16, 20104 comments

Yesterday we reported that the three incumbents had all announced this week that they were running for reelection. There are three spots available and therefore, as one might expect, all could be seated. But now we have a fourth candidate, according to Thursday’s Davis Enterprise, Mike Nolan.

On Thursday, the Vanguard reported that Tim Taylor, Gina Daleiden, and Sheila Allen are all running for re-election.

Se abre el proceso del mandamiento judicial sobre pandillas criminales con declaraciones iniciales y el primer testigo

By David GreenwaldJuly 16, 20100 comments

Martes vio el comienzo del proceso de la orden judicial de pandillas en la que la jueza del Tribunal Superior del Condado de Yolo, Kathleen White, determinará si emite una orden judicial permanente. La cuestión clave es si los Broderick Boys son, de hecho, una pandilla callejera criminal que plantea una molestia en un área geográfica determinada en West Sacramento conocida como la zona de seguridad.

La carga estará en Ryan Couzens y Linden Jay, dos DAs deputados del condado de Yolo, para probar este caso. Muchos abogados diferentes les oponen, y vamos a conocer estos en el transcurso de los próximos meses, que ver a decenas de testigos de ambas partes.

Drugs: It’s Time for a Health Approach

By David GreenwaldJuly 15, 20100 comments

By Margaret Dooley-Sammuli –

The heal thcare legislation President Obama signed earlier this year promises to bring sweeping changes to alcohol and drug treatment systems across the country. Not only will more people have access to insurance; heath insurers will be required to cover alcohol and drug treatment as they do any other chronic health condition (aka “parity”). Drug treatment – which currently exists largely outside the mainstream healthcare and insurance systems – may finally be allowed to come in from the cold.

As we work to make that treatment access a reality, however, we need to address the country’s existing contradictory policy responses to drug use. Even before the recent hard-won healthcare legislation, the U.S. Congress and a previous administration was on record as supporting parity. Two years ago, Congress passed – and President Bush signed – the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008. At the same time, an overwhelming majority of the American electorate reports in national surveys that they believe that drug addiction is a treatable medical problem.

Three Incumbent School Board Members To Seek Re-Election

By David GreenwaldJuly 15, 20102 comments

It has been a rocky and extended first term for Tim Taylor, Gina Daleiden, and Sheila Allen. They were each elected way back in 2005. However, due to the need to save costs on the election, they were placed in the awkward position of extending their term for one year so that their election falls during the General Election in even years, rather than a special election in odd years.

During their tenure they have seen the exit of the controversial Tahir Ahad, they have had to replace two Superintendents, one of whom was dismissed and one of whom they regretted to see leave to join his family in Southern California. But the most distinctive nature of their first term in office was undoubtedly the worst recession since the Great Depression.

First Witness in Gang Injunction Trial Provides For Weak Case For Prosecution

By David GreenwaldJuly 15, 20107 comments

The first witness in the Gang Injunction Trial appeared on Tuesday. Thomas Ignacio Cedillo appeared on the stand following opening statements from the plaintiffs and the defense. Wednesday became an open date due primarily to logistical issues involved the plaintiffs and the intention to hear on Friday where two key witnesses, named defendants, would be able to plead the fifth due to ongoing legal issues.

The plaintiff’s counsel was overheard at one point saying you always have a choice about starting strong or ending strong, certainly as the record will show, Mr. Cedillo who has been married for the last four years to a woman that he has known for 12 years (he is 28). He has two children. He has held stable employment installing insulation first for F. Rogers in West Sacramento and then PCI in Sacramento.

Word To The Wise: Senior Housing Guidelines In Limbo

By Elaine Roberts MusserJuly 15, 20101 comments

By E. Roberts Musser –

It seemed like it would be an historic occasion on Tuesday night, June 15, 2010. The Senior Housing Guidelines were placed on the Consent Calendar by City Staff for final approval. It was a long time in coming – nearly three years ago from inception in the Davis Senior Citizens Commission to the finished product being officially offered for endorsement to the City Council. Along the way, invaluable input was incorporated from City Staff, the Social Services Commission and their ADA Subcommittee, developers and the public.

In essence, the Senior Housing Guidelines encompass the following principles to direct the senior housing development process:

Final List of Appointments

By David GreenwaldJuly 15, 201010 comments

The big battle Tuesday night in the opening session of the new council was over the appointments to the various bodies. Don Saylor announced these appointments during the meeting and the council discussed them and made some alterations. In yesterday’s publication, we had the original list of appointments but not the final list.

Councilmember Sue Greenwald believed, with a good deal of merit, that she was given the short end of the stick both in terms of numbers and importance of the appointments. She made this objection rather strenuously. She first tried to put off the discussion to the next meeting, hoping to avoid confrontation however Mayor Don Saylor believed some of these appointments needed to go into effect immediately. So eventually after some machinations, they did go over the appointments line by line.

New Council Era Begins With Battle Over Appointments

By David GreenwaldJuly 14, 201013 comments

The day began with ceremonies and celebrations. It ended with celebration. In between however, the council waged an at times heated battle over appointments to various commission liaison positions, 2 by 2 committees, interjurisdictional bodies, and council subcommittees.

The day began on a high note. First, Rochelle Swanson was sworn as a city councilmember by School Board Member Gina Daleiden. Then Tim Taylor, School Board President President had the honors of swearing in new Mayor Pro Tem Joe Krovoza.

Gang Injunction Trial Opens with Opening Statements and the First Live Witness

By David GreenwaldJuly 14, 20103 comments

Tuesday saw the beginning of the actual trial phase of the Gang Injunction Trial in which Yolo County Superior Court Judge Kathleen White will determine whether to issue a permanent injunction. The key issue is whether the Broderick Boys are in fact a criminal street gang that poses a nuisance to a specific geographic area in West Sacramento known as the safety zone.

The burden will be on Ryan Couzens and Jay Linden, Deputy District Attorneys in Yolo County to prove this case. They are opposed by many different attorneys that we will get to know over the course the next few months that will see dozens of witnesses on both sides.

Los residentes cuestionan si necesario el mandamiento judicial sobre pandillas criminales mientras que la jueza White se pronuncia sobre las mociones y las reglas para el proceso

By David GreenwaldJuly 13, 20100 comments

Esta semana, el proceso del Interdicto Gang se abre en el Tribunal Superior del condado de Yolo frente a la jueza Kathleen White. El lunes, los abogados de la Oficina del Fiscal del Distrito, junto con abogados que representan a los beneficiados del interdicto de pandillas que han elegido a cuestionar la orden se deliberaron y discutieron sobre peticiones preliminarias al juicio que darán forma a los más de cincuenta testigos que ambas partes podrán llamar según una decisión de la jueza White.

Antes del inicio del procedimiento, vecinos y activistas de los vecinos afectados hablaron con los periodistas. Rebeca Sandoval, quien ha estado a la vanguardia de la oposición al interdicto en West Sacramento, dijo, “La orden se dirige a ciudadanos inocentes y la comunidad se ha visto desgarrado por este mandamiento judicial. La comunidad nunca fue consultada ni informada de los impactos y la forma en lo que el Departamento de la Policía de West Sacramento calificaría los ciudadanos como miembros de pandillas y que todos viven en un área como una molestia pública. “

Residents Question Need for Gang Injunction as Judge White Rules on Motions and Guidelines for Trial

By David GreenwaldJuly 13, 20107 comments

This week, the Gang Injunction trial opens in Yolo County Superior Court in front of Judge Kathleen White. On Monday, lawyers for the District Attorney’s Office along with Attorneys representing those served by the gang injunction who have chosen to challenge it deliberated and argued over pre-trial motions which will shape the more than fifty witnesses that both sides will be allowed to call according to a ruling by Judge White.

Prior to the start of proceedings, neighbors and activists from the affected neighbors spoke to reporters. Rebecca Sandoval who has been on a forefront of the opposition to the injunction in West Sacramento said, “The injunction is targeting innocent citizens and the community has been torn apart by this injunction. The community was never consulted nor advised of the impacts and the way the West Sacramento Police Department would label citizens as gang members and that they all live in an area as a public nuisance.”

Senator Florez Questions Chancellor About Elimination of Sports Teams

By David GreenwaldJuly 13, 20103 comments

Senator Dean Florez chaired a meeting on Monday in which he questioned Chancellor Linda Katehi about her decision to eliminate four sports teams including the women’s rowing team along with three of men’s teams.

Senator Florez expressed skepticism about the university’s commentment to gender equity in its college sports program. Senator Florez, who chairs the Senate Select Committee on Gender Discrimination and Title IX Implementation plans to question the Chancellor in order that she will outline her rationale for the elimination of these programs.

Vanguard Investigation Finds That West Sacramento May Not Even Be Enforcing the Gang Injunction

By David GreenwaldJuly 12, 20109 comments

Questions About Whether West Sacramento Needs a Gang Injunction as Trial Set to Begin –

In July of 2007, having had the original Gang Injunction struck down by the appellate court, Yolo County District Attorney Jeff Reisig filed an amended complaint seeking a preliminary and permanent injunction to restrain activities of alleged criminal street gang, the Broderick Boys, supposedly a branch of the Norteno gang.

A preliminary injunction was imposed in 2008. The injunction covers a large swath of West Sacramento and imposes curfews, restrictions on all activities which involve anyone deemed by the police to be gang members. It limits the ability of those enjoined to go to restaurants, public activities, public transportation, or standing, sitting, walking, driving, gathering or appearing anywhere in public view with anyone alleged to be a gang member.

Commentary: Does It Seem Slow To Anyone Else?

By David GreenwaldJuly 12, 20101 comments

On June 8, Davis elected two new members of the Davis City Council. Finally they will be sworn in on Tuesday, more than a month later. At the same time, Don Saylor will become Mayor. One of the interesting questions may be whether Joe Krovoza is immediately seated as Mayor Pro Tem. If he is, it would be difficult to see how anyone other than Mr. Krovoza would become Mayor after Don Saylor moves on to the Board of Supervisors.

The final regular meeting for the old council was June 29, 2010. Last week’s meeting was entirely ceremonial. This week’s meeting will be almost entirely ceremonial. Next week will have the first meeting of the new council and that appears to be a workshop. There will be a special council goal setting retreat on Saturday July 24, a regular meeting on July 27 and finally the special morning meeting on Monday August 2 which is largely non-business.

Sports Park EIR Includes Rezone of Two Existing Parks

By David GreenwaldJuly 11, 201024 comments

One of the last acts that Lamar Heystek performed as Davis City Councilmember was to put on the long range calendar a discussion of Davis’ record retention policies. One of my continuing concerns is the fact that we discard video recordings of our City Council meetings after a period of six months or so. That leaves the only historical record of what happened in our meetings the minutes and whatever policies are enacted.

The problem with the minutes is that they are summary in nature and so we lose context for how issues arose and what was discussed. I bring this up at this particular time because I was attempting to backtrack to learn how and when the issue of rezoning two Davis Parks go grouped with the Sports Park Concept.

New Council: How Will City Staff Adjust to New Direction?

By David GreenwaldJuly 10, 201015 comments

On Tuesday night, after what seems like ages, the new council will be sworn in with Joe Krovoza and Rochelle Swanson replacing Lamar Heystek and Ruth Asmundson. That much we know. What we really do not know is what these changes will mean for the city of Davis.

What the biggest open question is what these changes which will continue in January when Don Saylor leaves the council will mean for city staff. In a city manager form of government, the city is basically run by unelected city staff members.

Month: July 2010