Month: August 2010

Defense Attorney Talks About Davis Rape Case, DA’s Misleading Press Release

Yolo-Count-Court-Room-150Druliner Unloads on Davis Police Detective and Prosecutor in Case –

The Vanguard has complained in the past of the sometimes misleading press releases coming  out of the Office of the District Attorney, Yolo County.  However, Monday’s press release on the Michael Artz case really takes the cake.  Nowhere does it mention that the jury acquitted  Mr. Artz of the main charge, forced oral copulation.  It instead focuses on elements, most of which were either never charged by the DA or were exonerated by the jury.  The local media did themselves and the public no favors by posting the press release verbatim.

On Monday, The Vanguard spoke for a second time with Defense Counsel for Mr. Artz in the criminal trial, Kathryn Druliner.  She stated that “[The DA’s press release] absolutely misstates what happened.  He was acquitted by twelve people of the only charge over which the jury had discretion.  That is the charge that he forced [the victim] to engage in any sex act.”

 

Why is Davis Still in the Last Decade in Communications?

citycatReading the complaints about my breaking of the news about City Manager Bill Emlen reminded me of something that I have been puzzled by for a long time.  Why is the city of Davis, who wants to become a high tech and green tech leader, an innovator of new climate policies, still stuck in the last decade – at best – when it comes to communication?

Observe the issue of reverse angled parking.  How did the people of Davis become aware that there will be a meeting this week?  They either read it on this site or in the Davis Enterprise.  The city also sent out a paper mailing to some of the business owners on second street.  We live in one of the more educated and technically sophisticated communities in the nation, which means also on the planet, and yet we are still getting our information about the city like it was at best 2005, if not 1990.

Yolo County Jury Finds Davis High Grad Not Guilty of Forced Oral Copulation

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A Yolo County Jury Friday found Michael Artz, a graduate of Davis High School, not guilty of forced oral copulation for an incident that occurred more than two years ago involving another Davis High Student who was 16 at the time.  However, they did find him guilty of two felonies, oral copulation with a person under 18 and contact and communication with a minor with the intent to have sexual relations. 

Mr. Artz had just turned 18 at the time of the incident and was just a year ahead of the victim in school.  Yolo County Deputy DA Tiffany Susz was unable prove that the encounter was non-consensual, and instead was only able to prove that Mr. Artz received oral sex from a minor.  For that transgression, he may now have to register as a sex offender for life.

Commentary: City Implements Zipcar Pilot Program to Change the Way We Use Cars

zipcarIn July, the new Davis City Council undertook a very modest investment to bring in an alternative Car Sharing Pilot Program, the Zipcar.  The fiscal impact, by the way, comes from Developer funds deposited for environmental mitigation obligations, which are neither currently set aside or allocated for another purpose. 

The cost to the city will depend on the usage.  If we get 50% utilization it will pay for itself.  At most it would be $74,400 if no one used the vehicle.  Staff estimates a vehicle usage rate of 30% (current campus utilization rate is 40%). At the assumed 30% utilization rate, annual costs of approximately $20,000 are anticipated or $40,000 for the initial 2-year contract period of the pilot program.

 

Commentary: Council Needs to Take a Lesson From Emlen and Hire From Outside the City

emlen_billIn 2007, the City of Davis Police Department was facing a critical moment. They had just been rocked by a year of turmoil, both internally and from segments of the community.  They had a chief that had taken a position in another city, and the organization itself was fragmented and in need of new leadership.

Instead of hiring from within that department, City Manager Bill Emlen looked to the outside to bring in fresh ideas and a new leadership style.  He ended up with Landy Black, who has helped rebuild both his department and trust within segments of the community.

Commission Set To Examine Reverse-Angle Parking on Thursday

Innovative and Needed Change or a Solution to a Nonexistent Problem?

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While Davis Enterprise columnist Bob Dunning was quick to call it a solution to a “nonexistent problem,” fortunately we already have many examples and studies already available to show the safety is actually improved.

Perhaps if Mr. Dunning knew the idea came from his leveled-headed councilmember, Joe Krovoza, he would give it a second thought.  Or perhaps not.

Drug Treatment Centers in Yolo County Forced to Discharge Dozens Due to State Budget Crunch

residential-drug-facilitiesThe ongoing California budget crisis has put huge strains on large sectors of the economy as businesses and people are in financial trouble.  In particular, it is putting a huge strain on those entities who rely on state money to provide various services to the population. 

The Vanguard has learned that several local Drug Treatment Facilities have stopped receiving payments since  March of 2010.  As a result, while they are not closing their doors, they are laying off staff members and releasing patients from their facilities.

New Development in Topete Case: Topete Dismisses Lawyer Will Represent Himself

reisig-2009In one of the more high profile cases in Yolo County from the summer of 2008, Marco Topete allegedly shot Yolo County Sheriff’s Deputy Anthony Diaz near the town of Dunnigan.  Deputy Diaz had attempted to pull over Mr. Topete on suspicion of drunk driving, and discovered a four-month-old girl inside.  Deputy Diaz died at the hospital later that night.

The case received even more notoriety however when the press and family members were locked out of the courtroom during arraignment.  This led to a series of accusations from the media, including this site, about the propriety of the process.  Attempts to have the venue moved outside of Yolo County have proven futile, despite the fact that the victim worked in the Courthouse for years and knew the staff, the Judges, the attorneys, and the bailiffs.

City Manager Emlen Talks About Decision To Leave and the Future of Davis

emlen_billCouncil To Meet Tuesday To Decide on Interim City Manager –

The Vanguard has confirmed that the Davis City Council will meet this coming Tuesday in closed session to determine who the next City Manager will be.  The most likely choice appears to be Paul Navazio, who is Assistant City Manager as well as the City’s Finance Director.

In the meantime, the Vanguard was able to speak with Mr. Emlen on Thursday to discuss his decision, his tenure on the council and his and the city’s future.

Judge Mock Explodes in Anger at Defense Attorney Multiple Times During Davis Rape Trial

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As the trial of Michael Artz, a Davis High graduate accused of forced oral copulation with a minor, winds toward a verdict possibly as soon as this morning, the spotlight has shifted away from the problems with the case and towards the conduct of Yolo County Judge Stephen Mock.

Throughout the lengthy testimony, Judge Mock has had to rule on a large number of objections. There are issues such as the admissibility of evidence, that we will discuss after a verdict is reached. However, his rulings on a number of hearsay objections, as during a lengthy cross-examination of Davis Police Detective Jeff Beasley by defense attorney Kathryn Druliner, raised some questions.

Stanislaus Hammered over Handling of Palin Situation

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In April a story exploded that CSU-Stanislaus had failed to properly turn over public documents requesting how much money they had spent for the controversial former Governor of Alaska, Sarah Palin, to speak at their commencement address.  Accusations flew that they had improperly denied a public records request, claiming first that they did not have the documents, and then when documents surfaced, that they were a private entity and not subject to the records act.

To add fuel to the fire, students came forward after discovering a document-shredding party.  Two days after Senator Leeland Yee and Californians Aware were denied their request for public information, several students found documents in the dumpster, including pages 4-12 of Sarah Palin’s contract.  According to the students, these documents were intact and were mixed in with other documents that apparently had been shredded on a furlough Friday by University Officials.

Does UC Davis’ Reliance on Research Grants to Service Debt Make It Vulnerable?

universitycat.pngLast week, the UC Davis released results from the Washington Advisory Group (WAG), analyzing its research portfolio and its strengths and weaknesses.  The university spent over a quarter million on this report, which, while hopeful, was quite critical of the university, calling to task the culture of the university as “risk-averse, modest, and insular.”

We know from local discussions in city politics that the city has looked to forge partnerships with the university to bring in high-tech spinoffs, but the report hit on this as a university problem, as well.  According to the report, “relationships with industry on research or joint programs were frowned upon by former administrations as counter to what a university is all about. As a consequence, collaborative programs with industry are new to Davis and are in response to government agency requirements or suggestions.”

UPDATE: City Manager Bill Emlen Taking Position in Solano County

emlen_bill(Updated at 9 am Wednesday) – The news broke late Tuesday afternoon and seemed to catch just about everyone off-guard.  According to the City’s release, Mr. Emlen informed the City Council that he has accepted a position as Director of Resource Management with Solano County. City Manager Emlen’s last day in Davis will be Friday, September 24.  “The City Council is currently looking at options for filling the position, both on an interim and a permanent basis,” the release said.

Mr. Emlen is taking a position as Director of Resource Management in Solano County. The position represents a salary bump for Mr. Emlen up to $176,000.  More than that, however, it represents a chance for Mr. Emlen to escape the bright lights of Davis and the heavy scrutiny.  This is undoubtedly a far more low-key position.

Jury Acquits West Sacramento Man in Axe Attack

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Last week a Yolo County Jury acquitted Anthony Eugene Hunter of assault with a deadly weapon in an axe attack against Daniel Hernandez that occurred in June of 2010.  The incident appears seeped in charges of racial bias on the part of the parties. The jury determined that the assault was in self-defense.

Officer Jerry Watson of the West Sacramento Police Department described arriving on the seen in the late afternoon of June 1.  Mr. Hernandez, the alleged victim, was covered in blood on his head and shirt.  He stated that he had arrived home from work with his boss, John Spurgin, and in the adjacent yard, an African-American male was yelling names and profanities at the boss.

Board Candidate Taylor Talks About the Achievement Gap and the Challenges of the Budget Cycle

tim-taylorThe Vanguard wraps up its fourth and final interview with school board candidate, Tim Taylor.  Mr. Taylor is currently the board president, having first been elected back in 2005.  After five years on the board, Mr. Taylor told the Vanguard that he actually feels at this point in time like he knows what he is doing.  He said it takes a good year or two to figure out how the board and the district works.

“I do feel there is some logic to continuity, and continuing what I have learned instead of just moving aside,” said Tim Taylor.

Oil Industry is Pumping in Millions to Pass Prop 23

smokestackWhen PG&E pumped in millions in an attempt to prevent public power from gaining more marketshare into California, the California voters saw through the charade and voted to defeat the measure.  Now they will have a similar challenge this fall with Proposition 23.

In 2006, California moved to the forefront of green policies with AB 32, which not only improved our air quality but it encouraged the growth of profitable green industries.  Contrary to what industry advocates would have you believe, there is nothing anti-economic about environmental policies.

Conservatives May Have Only Themselves To Blame if they Lose Prop 8 on Standing Issue

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The long and arduous debate over strict-constructionism and original intent has always seemed to me to be displaced.  The idea that we can somehow infer the intent of the drafters of the constitution runs into problems when the question turns to which framer do we follow.  For it seems there were quite a few, and many had contradictory ideas.  Indeed, how can we follow the framers when the framers themselves were quickly polarized on the issue of the intended role of the federal government?

Likewise the issue of strict-constructionism runs into logical problems, in that any reading of the constitution necessarily involves interpretation.  There is no plain meaning and application of a document that was intentionally written to be vague and flexible.

Commentary: The Council Gets Down to Business?

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This morning I read from the Mayor and Mayor Pro Tem, “We are off to a great start and are getting down to the business at hand.”  I wish I could believe them, but unfortunately I happen to believe otherwise.

As I read it, “For the first time in history, the farewell to outgoing council members and the welcoming of the newly-elected council were accompanied by readings by Davis’ poet laureate.”

Our Costly War on Drugs

war_on_drugsThe amount of time and money we spend on drug enforcement is mindboggling, particularly in light of the state of our economy, the various budgets of local entities, and the utter lack of success.

For the cost of housing an inmate in California for one year, we could put several in residential treatment for two years.  That is the key.  Most programs simply do not last long enough to get people out of bad habits.  We need to not simply punish people, but rather we need to start turning them into productive citizens.  As we discussed Friday, the system often makes that impossible, imposing huge fines on people struggling to get their lives back in order, putting restrictions on the ability to land decent jobs, and live productive lives.