Month: August 2010

Plight of Mentally Ill Woman Illustrates the Shortcomings in Our System

insane_asylum.jpgLast year Davis Enterprise columnist Rich Rifkin wrote a piece that generated as much attention and criticism as any he has written.  In his column, Mr. Rifkin describes a rather horrific and senseless crime, where an individual pulled out a knife and stabbed another individual without warning several times.

From that he picks his bone against the ACLU, arguing that the these stories are “the product of successful lawsuits decades ago by the ACLU that “freed” the mentally ill from psychiatric hospitals.”

Reverse Angle Parking Coming on Second Street?

Reverse-Angle-Parking-4As most who have traveled into the Davis Downtown know, the city has been doing some extensive renovation of Second Street, an issue we covered a few weeks back.  Apparently included in the renovation is the installation of reverse angle parking.

According to a memo from Katherine Hess dated August 16, the City was asked to consider re-striping for reverse angle back-in parking in the 2nd Street corridor.

Gina Daleiden Runs For Election During a Critical Time for the Distrct as It Face Numerous Challenges

Gina-stockIn the third interview with a school board candidate, the Vanguard sat down to talk to Gina Daleiden, the local Davis High Graduate who was first elected to the board back in 2005.  Given the challenges that lay ahead, Ms. Daleiden called this a critical time in our school district and said that she loves this school district and will work hard to keep the district on the right path despite the challenges.

“I’m running for re-election,” she said, “because it’s a critical time in our school district and this is the school district that I love and I don’t mean that lightly.  When I say my heart is with this district and with these students I truly mean it from a very long time ago.”

Are Fines Imposed on Convicts Self-Defeating?

Yolo-Count-Court-Room-150We have spent a lot of time on these pages looking at issues like burden of proof and burden shifting, the overcharging by prosecutors, the overly-stringent and harsh mandatory sentencing laws, but for the average person who ends up in the system, the most likely outcome is some sort probation and a fine.

I do not think we talk nearly enough about the system of fines that have been imposed.  This week already, I have noted just in sitting through regular calendar hearings that one individual received a $550 fine for possession of less than one ounce of marijuana.  Another individual had his fine reduced down to a little more than $100 by Judge Rosenberg.  But for the most part we see the regular assessment of fines in minor crimes, mostly drug possession cases where the individual is put into some mandatory treatment program (which has additional costs to the individual) and then they have to pay a fine.

Governor Tries to Break Open Empty Piggy Bank for San Quentin

By Natasha Minsker

Remember that episode of The Simpsons where Homer is so broke he breaks into his daughter’s piggy bank, only to find it full of IOUs from himself? Then again, maybe it was Home Improvement… or Family Matters. One thing’s for sure, I don’t remember that scene in The Terminator – not even the third installment. So why is Governor Arnold Schwarzenegger so vividly replacing Homer Simpson in my memory of that scene?

On Wednesday, Gov. Schwarzenegger announced that he would be “borrowing” $64 million from the General Fund in order to move forward with one of his pet projects, the construction of a new death row facility at San Quentin. And $64 million is just the tip of the iceberg. Altogether, the new facility is expected to total upwards of $400 million.

Commentary: Commonsense Pension Reforms Watered Down by Politics

pension-reform-stockThere are a couple of noteworthy editorials in this morning’s Sacramento Bee pertaining to the issue of pensions and state workers.  I have long supported both unions and public employees.  However, we have allowed, particularly at the local level, the pension system to run out of control.  Local entities simply cannot support the rate and length of pension benefits, particularly to non-unionized upper management and those otherwise rank-and-file making over $100,000 per year.

My fear has been from the start that if we do not fix this problem, the voters, as they have in the past, will pass the first and most draconian “reform” package that they get their hands on.  The typical state worker and public employee is not the problem here.  The typical state worker makes less than $40,000 per year and gets 2% at 60.  Do the math and, even working for 35 years, such a worker would get no more than $28,000 per year in pensions.  That is a healthy retirement, but not the type of pension we are fearing.

Has Jerry Brown’s Decision Put Defeat of Prop 8 At Risk?

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I have defended Jerry Brown’s decision not to defend Proposition 8 despite his role as Attorney General.  Basically, the Attorney General has the duty to defend California’s laws from legal challenge unless they are specifically unconstitutional under federal law.  We can quibble whether the case of Prop. 8 is sufficient, but he did what he did.

However, there is now the increasing belief that Jerry Brown’s actions may have unintended consequences that could put the entire legal challenge to Proposition 8 at risk.

Man Convicted of Four Felonies in Shoplifting Case

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On December 5, 2009, Miguel Ruiz and Tiffany Dougherty entered the West Sacramento Wal Mart among other things, Mr. Ruiz purchased with cash a stereo, a game, and a Wii game controller.  Moments later, Ms. Dougherty re-entered the store with Mr. Ruiz’s bag and receipt and attempted to walk out with an identical stereo and video game.  She was met by store security and the West Sacramento PD was called.  Ms. Dougherty was arrested and she eventually plead no contest to her role in the case.

However, Mr. Ruiz was charged for his involvement with four felonies, including burglary, petty theft, and two conspiracy charges.  On Wednesday a Yolo County jury found him guilty on all four courts and now Mr. Ruiz could face up to three years in prison for someone else stealing less than $200 worth of merchandise.

Board Candidate Sheila Allen Talks About Budget, Parcel Tax, and the Need for Expanded Early Childhood Education

Sheila-Allen-headshotThe Vanguard sat down with Sheila Allen, who is finishing up her first term on the Davis School Board and will be running for re-election this fall.  Sheila Allen’s time on the board has been tumultuous, as she  has served now with four different Superintendents since 2005, and lived through school closings, pink slips, budget cuts and huge numbers of late night meetings.

So why is Sheila Allen, having been through all of that, running for re-election?  “I have learned so much over the last five years,” she said. “I want to be able to apply that knowledge and be able to continue to help the students of Davis.”

Word To The Wise: Scammers Know No Bounds!

Scam-AlertBy E. Roberts Musser –

Financial predators are becoming highly sophisticated, and their ranks are swelling as legitimate businesses join in the scamming free-for-all. Some sordid examples will illustrate this premise. A case in point is one gentleman who was in his eighties, and becoming very forgetful. In consequence, his wife had to take over the financial duties of the household. With elderly couples, this is not an unusual pattern. Often one becomes the caretaker of the other, if there is a severe decline in mental or physical health of either partner.

Requests for subscription renewal would come in the mail for the husband on a steady basis, to magazines he had already paid for ten times over. Because of his failing memory, he would completely forget he had already paid for the subscription on numerous occasions prior in a matter of a few months. The more frequently he would pay, the more often the subscription renewal forms would come in. Eventually the deluged old fellow was getting one notice a month for each of numerous magazines and newsletters.

Same-Sex Couples Will Now Have to Wait At Least Until December

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The roller coaster ride for same-sex couples and their advocates continued Monday, as the 9th U.S. Circuit Court of Appeals stayed Judge Vaughn Walker’s decision while the case is on appeal.  Lawyers for the plaintiffs in this case, two gay couples who challenged the ban, said that they would not appeal the stay.

Instead they seemed satisfied that that the court had agreed to fast-track the case by scheduling oral arguments for December 6, 2010.

Teen Convicted of Gang Crime Now Faces Lengthy Prison Sentence

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One day after his 18th birthday, Jesus Arias got a visit from the Yolo County Gang Task Force.  By now, many are familiar with Sargent Dale Johnson, along with Hernan Oviedo and Hector Bautista.  They did a probation search on Mr. Arias’ residence that he shared with his mother and sister.  They asked him if he had any weapons and he pointed to a rifle in the closet of the room he and his mother shared.

His probation had express conditions against either being in possession or near a firearm.  Things got worse from there.  The weapon turned out to have been stolen two and a half months before.  While the Gang Task Force never bothered to take fingerprints to connect him directly to the weapon, they arrested him for violation of probation and possession of a stolen gun.  To that charge they tacked on a gang enhancement.

Clock Continues To Tick as Council Vacations

council-stockTomorrow night, another opportunity for the Davis City Council to work to begin to forestall the budget crisis in the city will slip by as they continue to vacation.  Many area residents will undoubtedly not be able to afford to vacation this year as the region continues to suffer from high unemployment, furloughs and other cutbacks that will make money scarce, forcing many who still have employment to continue to work.

The critical issue facing the city of Davis is figuring out a way to cover current future obligations, specifically the growing concern about retirement costs, retiree medical, health premiums, cash-outs and overtime, among other issues.

Governor Blasted for Expensive San Quentin Expansion Project

san-quentinAt a time when teachers and schools are being cut to the bone, the Governor’s idea of taking $65 million out of the state’s general fund to construct a new wing with 1152 beds for San Quentin’s death row is drawing fire from newspapers and columnists across the state.

In fact, it is worse, as the Sacramento Bee reported yesterday. The $64.7 million is merely a down payment.  “Construction would cost about $360 million. Interest payments on 20-year bonds the state ordinarily would sell to finance the construction could add another $150 million or more to the final price tag.”

Commentary: Debunking Some Opposition Arguments Against Legalization

prop-19.jpgI have read a couple of commentaries opposed to Proposition 19 which would legalize marijuana in California.  As I read these things, I wonder if people really understand the extent to which drug laws clog up our court system and make it difficult to deal with more serious crimes.  For the cost of incarcerating one individual in California for one year, we can put perhaps two people into residential treatment for two years each.  To me that seems not only more cost-effective, but it seems more effective.

I have seen a lot of studies cited, but I thought it might be valuable to glean some insight from someone who spent thirty years actually working on the ground with people with drug-dependency problems.

The Proposed Wood-Burning Ordinance Represents a Reasonable Compromise

woodburningby Adrienne Kandel –

While many Davis residents derive pleasure or economic benefit from burning wood in fireplaces, many of their neighbors suffer respiratory ailments like asthma or bronchitis that can be set off by wood smoke or don’t like staying indoors to –imperfectly– escape the smoke’s irritation and toxins.

The Natural Resources Commission has heard from both types of residents and has proposed to City Council a compromise to preserve much of the pleasure of the former group and avoid much of the pain of the latter. (Click here to read the full proposal).

Arizona Policies in Sonoma County: ICE Clarifies Role that Local Law Enforcement Can Play in Immigration Stops

iceOn June 17, the Vanguard reported that, despite all of the attention that Arizona’s immigration laws were receiving, in our own neighborhood, in fact,  similar tactics are being used.

A lawsuit has moved forward that charges the unlawful collaboration between the Sonoma County Sheriff’s Department and the U.S. Bureau of Immigration and Customs Enforcement (ICE) to unlawfully target, arrest, and detain Latinos in Sonoma County.

Five Davis Priority Improvement Goals for the Downtown

downtownEarlier this week, the Davis Downtown Business Association released Five Downtown Action Items for Davis.  These ideas are conceptual and the DDBA is seeking considerable community discussion and feedback about them.

They are also looking to explore the five areas via an official task force with city staff and members of the Davis City Council.

Judge Walker to Lift Stay of Prop 8 Decision on August 18

However the Ruling Allows Defendants to File For A Stay with a Higher Court –

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Initially, proponents of same-sex marriage rejoiced on Thursday as Judge Vaughn Walker announced that he would lift his stay on August 18 and declined to issue a permanent stay from the ruling from last week that overturned Proposition 8’s ban on same-sex marriages.  However, those feelings were relatively short-lived as reality sunk in.

Judge Walker offered a cautious approach which will allow defendants and supports of the ban to appeal to the 9th Circuit to stay the ruling.  If that fails, they could go to the US Supreme Court to obtain a permanent stay of the ruling while the case is pending appeal.

Shooter Gets 45 Years, Defense Attorney Complains of Miscarriage of Justice

Yolo-Count-Court-Room-150Yolo County Judge Stephen Mock sentenced Rudy Ornelas on Thursday morning to 45 years in prison following his July jury trial in which he was found guilty of unpremeditated attempted murder, use and possession of a firearm and assault with the firearm.

As the Vanguard reported on July 20, Mr. Ornelas had been accused of chasing and firing at Abel Trevino, a man he had known for many years, with a loaded 9mm handgun belonging to another acquaintance, Claudio Magobet. The prosecution’s position, with some of the testimony and most of the police reports in support, was that Mr. Ornelas and Mr. Trevino had a dispute over drugs and money.