Month: October 2010

Analysis: Whatever One’s View of the Justice System, Voters Get a Clear Choice in the AG Race

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The debate on Tuesday might have been the only chance Californians will have to look at both candidates for Attorney General, as it was their only scheduled debate.  While Steve Cooley said after the debate he hopes they can schedule another one, perhaps at a law school near San Diego, that decision is out of his hands.

That is a shame because the debate was held during the noon hour, meaning working people could not view the event, and the Office of Attorney General figures to be hugely important as we go forward.  Not only will we have to deal with serious reforms in the legal system, but also go into areas such as environmental law where, traditionally, the AG’s Office has not gone.

Attorney General Candidates Express Starkly Different Views About Justice System in California at UC Davis Debate

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California’s Attorney General candidates met for their first and perhaps only debate on Tuesday at the UC Davis Law School.  It was north versus south, liberal versus conservative, as LA District Attorney, Republican Steve Cooley, faced off against San Francisco District Attorney, Democrat Kamala Harris.

Throughout the debate, Steve Cooley would often refuse to take a position on anything, offering instead that he would defend what the voters supported, whereas Kamala Harris argued that the AG is not simply a position that blindly follows the will of the voters, but rather has a leadership role as well.

Schools Chief Candidate Torlakson Visits Davis Expressing Optimism During a Time of Dire Funding Cutbacks

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Assemblymember Tom Torlakson, candidate for the State Superintendent of Public Instruction told a good-sized crowd at the Palm Court Hotel on Monday night in Davis that he is a teacher and therefore fundamentally an optimist, despite the challenging fiscal and economic times.

“I’m asking this question to group after group, why are we here?  Why are you here?  It’s because, despite the double-digit unemployment, despite the horrible foreclosures, despite the cutbacks that are gripping and destructive to education, fundamentally aren’t we all optimists? We’re here because we believe that we can be a force for change, individually linking arms with like-minded citizens, we can turn things around in the right direction.”

City Has No Idea How Much Staff Time Devoted to Commissions

citycatIn light of recent discussions on the amount of staff time devoted to commissions, the Vanguard made a Public Records Act request of the city to disclose how much staff time was devoted to liaison work for commissions.  The response from the city was that they have no idea how much time is devoted to commissions.

Janice Bridge, a well-known Davis resident who serves as an alternate on the Senior Citizens Commission, in a letter to the Davis Enterprise wrote, “It is true that the city staff members are not paid extra for their liaison duties. However, it is equally true that each staff liaison assigned to a commission invests at least 100 work hours for that commission every year. This can be documented through the minutes kept for each commission meeting.”

Murder Trial Ends With a Hung Jury

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A lengthy Yolo County murder trial ended on Friday morning, with seven jurors voting to acquit and five to convict Jesus Solis, who stood accused of shooting and killing an individual named Jesus Cortez Heredia last September outside Ortega’s West, a bar in West Sacramento.  Another individual standing beside Heredia at the time of the shooting was also hit by the flurry of bullets, following a fight in the parking lot at closing time.

According to all witnesses who testified, it was at closing time at the popular bar on a Saturday night in September of 2009 when a fight broke out in the parking lot between two groups of drunk people.  It started when Martin Ventura confronted Heredia after Heredia had approached and made advances to Martin’s wife Rosie, who had been waiting beside a taco truck.  The two began fighting and Heredia beat up Martin.  Security broke up the fight and the parties went to their cars.  Martin and his group got into their red Ford Expedition.  That vehicle remained stationary for a minute, after which it drove towards the exit.  Heredia taunted and shouted out to the vehicle, and removed his shirt with his arms raised.  This act may have cost him his life because the vehicle stopped on the road outside the parking lot, reversed towards Heredia and shots were fired from within it towards Heredia.  Mr Heredia was hit in his torso and neck, and died at the scene.

Analyzing California’s November Ballot Initiatives and Measuring How Liberal Newspapers Are

voteIt is that time of year, time to read through all of the convoluted legalese of California’s ballot initiatives and figure out where you stand on the most obscure laws that will probably never impact you. Some are easy.  You know if you want to legalize marijuana, whether you oppose additional global climate regulations, or whether you are ready to get rid of the two-thirds vote to pass a budget.  But some of the others, might be a bit more tricky.

One of the ways to figure out some of the others is to see who supports and opposes it.  At the same time, it is interesting to look at a compilation of different endorsements to figure out where others are coming from.

Wood Smoke Causes Cancer—Another Nail in the Wood Burning Coffin.

woodburningby Pam Nieberg –

Recently the EPA completed and released a major air quality health assessment initiative entitled the National-Scale Air Toxics Assessment.  The health risk characterization focused on inhalation health risk from outdoor sources and looked at the major cancer and non-cancer causing threats in the US atmosphere on a national and regional basis.

Based on these analyses, pollution from burning wood in stoves and fireplaces and elsewhere was reported to be the top cancer risk in some areas of the country.  According to the EPA, the analysis indicates that burning wood creates a greater cancer risk than even benzene, a carcinogen emitted by cars and trucks in the tens of thousands of tons each year.

Budget Deal Reached?

steinberg1They would not share the details on Friday night, but the Governor and legislative leaders from both parties apparently believe that they have reached an agreement that would end the state’s record-setting budget stalemate.

Last night, Senate President Pro Tem Darrell Steinberg announced that they had reached a “comprehensive agreement.”

It Comes Down to Redevelopment or Schools: Proposition 22 Would Perpetuate Problems with Redevelopment Agencies

redevelopmentCalifornia has a pretty convoluted system in place due to a number of factors, and a huge amount of money is transferred from the state to local governments.  This is in part due to Proposition 13, which makes it very difficult for local governments to raise local revenues.

The problem is that the state, when it is in trouble, starts to raid monies that should be going to local governments.  Proposition 22 makes sense after all, since the cities are struggling financially during this downturn, and they should not have the state raid millions of dollars per year from their funds.

Judge Calls Topete a “Fool” and Then Rules Against the Disqualification of Judge Richardson

Yolo-Count-Court-Room-150The defense of Marco Topete, accused of the 2008 shooting of Yolo County Sheriff’s Deputy Tony Diaz, suffered another blow when the motion to disqualify Judge Paul Richardson was denied Friday by Judge Terrence R. Van Oss.

Judge Terrence R. Van Oss, a San Joaquin County Judge, was assigned the case last month when Marco Topete, who is representing himself pro per, alleged that a meeting between Judge Richardson with other parties of the case outside of his presence was improper.

Public Defender Files Motion Charging DA With Vindictive Prosecution

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Deputy Public Defender Dan Hutchinson has filed a motion in Yolo County Court asking for a dismissal of additional charges against Jesus Arias on grounds that Deputy DA Ryan Couzens was engaged in malicious prosecution for attempting to leverage pruno (prison wine) possession charges into prison time.

Writes Deputy PD Hutchinson, “The overwhelming objective evidence proves that the Yolo County District Attorney’s prosecution of defendant in the above action is a vindictive prosecution motivated by a desire to punish defendant for exercising his constitutional right to a jury trial…”

Is Wood Burning Smoke as Dangerous as Smoking?

woodburningThe thermometer this week may have been over 100, but my calendar this morning tells me that it is October 1 and that soon cold weather will be here.  That means once again things will be heating up on the issue of wood-burning smoke, which the council is once again set to hear about next week.

For the most part on this issue, I have let others talk who I believe know more than I do.  I take a more moderate and nuanced position than the one that argues that we need to ban wood burning smoke immediately.  It is not that I do not think it is a serious problem, especially for people with bad allergies and asthma.