Month: August 2010

Judge Tells DA’s Office She Wants to See Real People in Gang Injunction Trial

ganginjunction_catThe West Sacramento Gang Injunction trial took an interesting turn late Wednesday afternoon when Judge Kathleen White, as the proceedings were wrapping up, suddenly admonished the plaintiffs.  Thus far the plaintiffs’ case has been a series of West Sacramento police officers testifying to various incidents they have witnessed and questionably admissible hearsay statements that have been relayed to them by the defense.

The result has been a long, tedious, incongruous process that has left all involved fatigued and at times puzzled as to how the pieces will fit into place.  Judge White has already made it clear that while she will not tell the plaintiffs how to call their witnesses and layout their case, that she thinks it would benefit them to at least get some experts to layout an overarching theory.

County Clerk Freddie Oakley Awaits the Go-Ahead to Resume Same-Sex Marriages

Oakley-Marriage-Protest

Last week Chief U.S. District Judge Vaughn Walker invalidated Proposition 8, the measure that banned gays from marrying.  Today at noon he will determine whether or not to impose on a stay on his decision, or to allow his decision to go into effect. This would  once again allow same-sex couples to marry, as they had from the summer of 2008 until Proposition 8 was passed and went into effect.

The decision by Judge Walker, which has provoked very strong reaction on both sides of the political divide, struck down the proposition as a violation of federal constitutional guarantees of equal protection and due process.

Wolk and Yamada Oppose Move to Delay Water Bond For Two Years

Wolk-YamadaProposition 18, one of the more contentious issues on the upcoming ballot, has been pushed back to 2012.  Yesterday Governor Arnold Schwarzenegger  signed legislation that would delay the vote until 2012. The governor and other supporters of this measure fear that with the state’s economy struggling, the proposition would be defeated.

Opponents of the legislation were quick to seize the moment and complain that instead of delaying the legislation, they ought to dump it altogether.

Opposing View: Time To Stop Demonizing Public Employees, Their Pay and Benefits

pension-reform-stockby Chris Prevatt

ORIGINALLY PUBLISHED on PublicCEO.com

Last week, the OC Weekly’s R. Scott Moxley wrote about the roaring debate over public employee pensions in “Death and Taxes.”

While I appreciate his highlighting the contributions of Dan Chmielewski and myself to the debate with Steven Greenhut and Supervisor John Moorlach, I do have to take issue with the way he presented some of my comments, including the attribution of some statements out of context.

 

Analysis: Memorial Park Gang Plea Agreement Not the Exception

ganginjunction_catDA Frequently Shown to Give No Prison Time in Exchange For Gang Admissions –

In watching what has developed into an excruciating third week of gang injunction testimony, one thing is becoming more and more clear. The DA’s office is attempting to paint the picture of a public nuisance by the alleged “Broderick Boys gang” by coddling together a vast array of incidents over the past decade, tacking the incidents to a map to demonstrate the scope of the threat, and hoping that somehow that case sticks.

From our perspective, however, this is going to be an increasingly tough case to make.  While the DA can point to events and incidents that involve alleged gang members, often upon further scrutiny these cases fall apart.

 

School Board Candidate Nolan Criticizes District’s Approach and Seeks a New Direction

nolan-mikeWhen Mike Nolan announcement in mid-July that he would run for the Davis School Board, it meant suddenly there were four candidates for three spots and the incumbents would now have to run for office and defend their records.  That is exactly what Mr. Nolan was hoping for.

He told the Vanguard in an interview that someone needs to be to run, just in order for there to be a performance review.  But he went further, first pointing out that he likes all three of the incumbents as people and calls them dedicated public servants who are worthy of respect and praise.

Four Defendants in Memorial Park Attack Get No Prison Time in Exchange For Admitting Gang Membership

ganginjunction_catDA Shows Hand: Gang Injunction Prioritized Over Justice for Victims of Attack

It was supposed to be one of the seminal cases for the Yolo County District Attorney’s office.  On March 19, 2010, the District Attorney alleged that at least nine named defendants, including several juveniles, attacked two juveniles in the Memorial Park of West Sacramento.

The District Attorney’s Office on April 15, 2010, filed criminal complaints alleging that James and Reese Hopkins were kicked and punched as they lay on the ground, and were attacked with weapons including a knife and a hammer. Additionally, the victims were attacked by a pit bull dog. The complaint also alleges the defendants taunted the victims by announcing that the victims were being beaten by “BRK,” and not to mess with Broderick.

When?

While the Council Vacations…  The Clock is Ticking on the City’s Fiscal Bomb

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The Davis City Council is on vacation.  They will not return until September 7, and after that they will meet only two times per month.  While more and more members of this community are struggling with furloughs, salary decreases, and threats of unemployment, your hard-working public officials are taking some well-deserved time off, knowing that they have done their jobs.  They have moved the city onto a path of fiscal stability so we do not have to spend the next five years worrying about whether the city will remain solvent.

The only problem with that scenario is that it simply is not true.  With the exception of the one holdout, Davis City Employees Association (DCEA), the city of Davis has completed its round of employee MOUs.  While they were able to coddle together enough short-term concessions to produce a relatively balanced budget this year, the bulk of their work is not done.

 

DA Turns Misdemeanor Assault Case into 8-Year Prison Sentence

Yolo-Count-Court-Room-150On August 4, a story ran in the Woodland Daily Democrat entitled, “West Sacramento gang member sentenced in domestic violence case,” and once again it was a strange title for a case that had nothing whatsoever to do with gangs.  Instead it is a story about how a simple misdemeanor domestic assault turned into a nearly eight-year prison sentence.  And how once again, the Yolo County District Attorney’s office took a minor incident and turned it into a major criminal act.

The act itself was simply a misdemeanor assault charge, that would have netted him six months in prison at most, and most likely would have been suspended and turned into probation.  What really nailed him was the “violation of probation” which netted him 3 years, and the two felony counts of dissuading a witness, which turned what should have been a six-month sentence into a seven-year and eight-month sentence. The Woodland Daily Democrat inaccurately reported this sentence to be twelve years.

Jan Bridge No Longer Running For County BOE Seat; New Candidate Emerges

schoolscat.pngA few weeks ago, Former Davis School Board Member Jan Bridge, a long time Davis resident most recently noted for her role on Sydney Vergis’ City Council Campaign, membership on the Senior Citizens Commission, support of CHA, and role on the committee that recommended the closing of Valley Oak, announced she would run for the open seat on the County Board of Education. 

The seat is vacated by Davis Campbell who has been appointed to fill the Executive Director position on the California School Boards Association that was vacated when Scott Plotkin had to resign due to the unauthorized use of a corporate credit card to obtain cash advances at casinos.

Towards Prosecutorial Accountability

reisig-2009When Jeff Reisig ran for re-election this year, part of his focus had been on “increased conviction rates.”  He writes on his webpage, “Jeff has improved efficiency in the District Attorney’s Office, lowered crime rates, increased conviction rates, put more violent felons behind bars and dramatically improved services to victims of crime.”

In an October 2009 article in the Woodland Daily Democrat, again he “cited a 90 percent conviction rate” during a fundraising event.  Again in March, he emphasized, “the highest conviction  rate  in more than a decade.”

Davis’ Quest For City Revenue Runs Into Harsh Light of City’s Progressive Political

boycott-targetWhen the city of Davis decided to seek a new source of revenue, it tapped Target as a goal.  Never mind that Target had almost as bad a labor reputation as Wal Mart.  Never mind that they had been cited for numerous labor violations.  And never mind they had utilized sweatshops in third world countries.  Someone in the Davis leadership thought if they strapped on some green, Target would fit Davis’ community values.

Well, now that will really be put to a test.  Progressives across the country have called for a boycott of the Target Corporation after revelations that the company donated $150,000 to a group that is running ads backing conservative Republican gubernatorial candidate Tom Emmer, who opposes same-sex marriage.  Conservatives, you can stop reading now, and post your dissent.

Fundamental Rights in this Country Cannot Be Subject to a Vote

Central_Park_1.jpgIn the past weeks there were two major court decisions, not handed down by the US Supreme Court, both of which struck down laws, one law enacted by the Arizona State Legislature and one by the California voters through the initiative system.  Both were met by cries of overthrowing the will of the people, judicial activism, unelected judges, and more.

The cry from the right on the issue of Proposition 8 could be heard loudly and immediately.  The words often rarely varied.  “This decision, whatever its final resolution, serves as an undeniable reminder of the power of Federal judges. A single unelected judge nullified the will of the voters of California as expressed through the electoral process,” wrote Albert Mohler.

A Look At the Impact of Proposition 19 – Legalization of Marijuana

prop-19Last summer I went on police ridealongs, first with the Davis Police Department and the next night with the Woodland police department.  Both nights we encountered individuals in respective parks in possession of marijuana.  In both cases the police took the marijuana from the individuals without issuing a citation.

In one of the vehicles there was a huge collection of extravagant pipes.  In one case there was a pipe that looked like a gas mask, going completely over one’s face as they took the smoke in.

Time For the City to Step Up with Leadership and Changes

council-stock

Call this the other end of yesterday’s story on MOU changes.  I am not willing, at least yet, to write off the new council in terms of making the kinds of changes that will save this city from potential, and I think impending, bankruptcy in 2010.  However, what concerns me is that we have been pushing this issue since at least 2008 on these pages, and some have been pushing for a lot longer than that.

Where are we now?  Not very far.  In fact, other cities are leading the way on reform and we are arguing over whether the current contracts are even a step in the right direction.  They are not.  It is August, we will not have another meeting for a month in a half, time to regroup and put forward bold new initiatives.

How Many Local Resources Go into Drug Enforcement?

drugsI was going through the list of hearings scheduled for today in the Yolo County Superior Court.  On a daily basis we have our interns watching these cases and it just struck me how many of them are no more serious than this one: “F poss controlled subs; M poss narc paraphern.”  Or this: “F transp/sell cntl sub; M use cntrlld substance.” Another one, “F transp/sell cntl sub; F poss controlled.”  Another: “F poss controlled subs E commit on bail/or E commit on bail/or M poss narc parapher.”  Another: “F poss controlled subs.”

In all today, there are at least 30 to 40 hearings that have charges no more serious than for possession of a controlled substance.  Some of them have enhancements for prior prison.  Some of them have enhancements because they are violations of probation.  But at the end of the day, the genesis of these cases are drug possession.

Worthy of guarded optimism on Water

by Jessica Iñiguez

The State Water Resources Control Board this week adopted the report on flow criteria that was required by last November’s SBX7 1 on Delta Governance and the Delta Plan. Based on the best available science, the report affirms what people in the Delta have known for decades: You can’t have a healthy Delta when you are sending so much water somewhere else.

Specifically, the report says that “to preserve the attributes of a natural variable system to which native fish species are adapted,” the Delta needs 75% of unimpaired outflow from January through June, 75% of unimpaired Sacramento River inflow from November through June, and 60% of unimpaired San Joaquin River inflow from February through June.

Honeymoon Over For New Council?

council-stock

The August meeting is supposed to be ceremonial, a mandatory meeting to fulfill the statutory requirement that the council meet each month.  So they have it in the morning and generally have a light calendar.  However, despite all appearances, this was not a light calendar. There were several very important issues that were addressed, including the first glimpse into the new council’s thinking on perhaps the most important issue facing them – the city’s financial condition.

The new council voted 4-1 to approve the Police Officer’s Association MOU.  The loan dissenter was Sue Greenwald.  On Wednesday, in Rich Rifkin’s column he took the new councilmembers to task.

Effort At Juvenile Justice Reform Triggers War of Words Between Sac DA and Senator Yee

Leland-Yee-SenatorThe juvenile justice system, as well as the entire criminal justice system, have swung too far in the estimations of many toward long and harsh sentences.  Senator Leland Yee (D-San Francisco) has introduced SB 399.  While it is a rather modest reform bill, it is a step in the right direction, as it allows those juveniles sentenced to life without parole to have a court review their cases and potentially allow some individuals to receive a new sentence of 25 to life.

“No other country in the world outside of the United States sentences juveniles to life without parole,” Senator Yee said in a statement on Wednesday.

Who’s Bankrolling the Push for Prop 18?

Consumer group outlines who’s paying for pro-water bond campaign and the surprising winners—and losers—behind the massive $11 billion bond –

Developers, agribusiness and construction interests would benefit from the water bond on this fall’s ballot, while public services—such as education and public health programs—could suffer, according to a new analysis from consumer organization Food & Water Watch.

As California’s legislators return to Sacramento this week to decide the fate of Proposition 18, an $11 billion water bond that the governor hopes to postpone to the 2012 ballot, the group today released an independent analysis detailing the funders of the pro-bond campaign and the interests that stand to benefit from the most expensive water bond in the state’s history.