Month: May 2011

Bail Reduced in Sexual Assault Case Involving Owner of Popular Davis Restaurant

CafeMediterraneeJudge Paul Richardson lowered the bail of Ashot Manukyan to one hundred thousand dollars, following a hearing on Wednesday.  Mr. Manukyan, who owns the popular Cafe Mediterranee in Davis, faces three felony charges stemming from an arrest last week on a warrant.

The charges include penetration with a foreign object, assault with intent to commit penetration with a foreign object and false imprisonment in addition to a misdemeanor sexual battery charge.

Word To The Wise: The Demise of Adult Day Health in California?

adult-day-healthBy E. Roberts Musser –

There is no question legislators can be very short-sighted when it comes to budgetary decision making.  Such is the case with adult day health care in California.  There has been a move this year and previously, to eliminate adult day health care as a cost saving measure.  In reality, to eliminate adult day health care would end up costing the state more money, not less.  And it would disproportionately affect the disabled and low income, contrary to well settled law.

Adult day health is a service provided to those family members who have a loved one so profoundly disabled, s/he cannot remain in the home alone.  While family members are working during the week, the loved one must have a safe environment to reside in during the day, and cannot be without supervision.  Examples of such disabled people are those suffering from Alzheimer’s disease, traumatic brain injury, stroke victims, and the like.

Council: Public Gets First View At New Budget With Huge Cuts to City Services

pension-reform-stockBudget Deals With Unfunded Needs For Roads and Infrastructure, but Not Pensions and Retirement Health Care –

For some reason, the city likes to begin its budget discussions by presenting the new budget to the city council at the council meeting.  This means that the city council members and the public are not prepared to discuss the budget fully at that point in time.

This was not strictly business as usual, as the city takes steps to move the budget towards the reality we face, even as I think it is still somewhat sugarcoating the numbers.  Paul Navazio admitted that he had not pushed the numbers through to address fully the issues of unfunded liabilities in the pensions and retirement health.

Federal Judge Rejects Law Suit Against Yolo County’s Concealed Gun Policy

concealed-gunBack in March, the Vanguard reported that Yolo County had become the focus of a nationwide gun debate as a federal court on Thursday heard arguments in a case where gun-rights advocates have challenged the courts to determine how much discretion California’s law enforcement officials have in issuing concealed weapons permits.

County Sheriffs, the plaintiff argued, who handle the bulk of these situations, must issue permits to anyone who completes a training course and has no mental health problems or criminal background.

Brady Violations: DA’s Not Liable For Failure To Train Prosecutors on Single-Incident Brady Violations

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by Alex Clark –

On May 11, the Vanguard published the first of a two part series on Brady Violations entitled, “Brady Violations: Failure To Turn Over Exculpatory Evidence.”

On March 29th, 2011, the US Supreme Court ruled 5-4 in Connick v. Thompson that a district attorney’s office was not liable for its prosecutor’s failure to turn over evidence that proved the innocence of a Louisiana man, John Thompson.

May Revise Means No More Cuts For DJUSD

chalkboardThe District Has an Improved Cash Position, But Will Not See Additional Revenue This Year –

The headlines were spectacular yesterday as the Governor announced a May revise that for the first time does not make one cringe and run for cover.

The Governor announced on Monday that California will receive about 6.6 billion dollars in “surprise” tax revenues through June 2012, due to higher than expected growth expectation for next year.

Council To Consider Changes to Third Street

Third-Street-Design-StockThe City of Davis just finished its comprehensive remodel of Second Street, with the help of grant funding.  Now the city will look at redesigning Third Street, pending council approval of the plan.

According to the staff report, “The Third Street Improvements project is a streetscape design and construction project of the two-block segment of Third Street between A Street and B Street as well as the B Street alley between Second Street and Fourth Street.”

 

Judge Denies Motion For New Trial Based on Juror Misconduct; Sentences Moses to 830 Years

Yolo-Count-Court-Room-600Judge Stephen Mock called them the most complicated sentencing issues he had ever seen, but after spending over an hour privately and then an hour publicly, he finally sentenced Bennie Moses, convicted of 62 felonies back in March, to 830 years in prison.

He cited four different provisions under the law that guided the sentencing structure.  One of the key issues was the extent to which he could concurrently sentence for separate crimes that were committed basically simultaneously.

Analysis: City Comments Show the Extent of Denial on the Budget Crisis

pension-reform-stockThe City of Davis faces a very serious budget situation with a confluence of events: a real estate downturn, a recession and upcoming bills for city retiree health care and pensions are finally forcing the city to get serious about budget reduction.

If an article in the Davis Enterprise posted on Saturday is at all accurate, it shows the extent to which the city has not taken this crisis seriously.

UC Workers Propose Alternative Ways To Save Money Preserve Jobs

UCD-ProtestUC workers maintain that they are opposed to state cuts to higher education, but have  suggested hundreds of millions in cost-saving measures to protect student services on campuses and quality patient care at UC Medical Centers, in the face of a 500-million-dollar decrease in state funding.

They argue that UC executives’ current plans to cover the shortfall have focused on limiting enrollment of qualified California students while increasing out of state admissions, consolidating academic programs and cutting frontline line workers hours and benefits.

Appellate Court Denies DA’s Writ in Arreola Case

Yolo-Count-Court-Room-600The Third District Court of Appeal has denied the writ filed by the California Attorney General’s Office on behalf of the Yolo County District Attorney’s office, appealing the decision by Judge Gaard ordering the phone sought by the defense to be viewed with unfettered access in the DA’s office today, May 16.

Defense Attorney, Dean Johansson from the Public Defender’s office had believed that the previous order was to turn over the phone so that an expert could examine it in his lab.  Mr. Johansson may himself file a writ arguing that the defense is entitled to the evidence as a matter of law.

Sunday Commentary: Too Much Information

Yolo-Count-Court-Room-600I have seen Judge Stephen Mock handle quite a few trials in the last year and a half.  His is now the long cause trial court, which means any trial that lasts more one week goes to his department.

I have seen him handle some cases well and others less well.  It is important to understand that Judge Mock was a prosecutor prior to becoming a judge, and it is also important to understand that he is married to Ann Hurd who was at one point the supervising District Attorney and now, though technically retired, is still in the leadership.

SB 653 May Change the Entire Game

sacramento-state-capitol.jpgDavis passed its parcel tax on May 4 with a bare supermajority of 67.2 percent of the vote.  They were not alone, as Dan Walters reports this morning, “Earlier this month, voters in 13 Northern California school districts passed judgment on proposed ‘parcel taxes’ – a form of property taxes not based on value.”

Mr. Walters continues, “The outcomes were not surprising. All of the districts were in relatively affluent communities that tend toward liberal politics. Their voters decided that enhancing education for their children, grandchildren and neighbors was worth taxing themselves.”

Attacks and Violence Signal End of DJ Stage at Whole Earth Festival

wholeearthFirst Picnic Day, now Whole Earth.  Some in the community will be tempted to cast a broad net towards youth.  Unfortunately, as is always the case, a small number of miscreants spoil it for the rest who are looking for good and clean fun.

UC Davis officials probably had little choice but to shut down the Whole Earth Festival’s DJ Stage beginning next year, in the wake of the campus Police Department’s investigations of three violent crimes, including the reported rape of a 16-year-old girl, in and around the music venue last weekend.

Commentary: Zipcars and Misplaced Outrage

zipcarThe City of Davis clearly needed to be called to task when the language of the city’s contract with Zipcar was not consistent with the rhetoric from the city about the contract.  That was a huge problem of public trust.  But let us not pretend that Zipcar is a budgetary problem for the city.

First of all, the contract was always small, and came from developer impact fees rather than the general fund.  Could people argue that developer impact fees could and should be better spent?  Of course.  But I also think we need to keep our eye on the real problems facing this city.

Plea Agreement in Taxi Cab Attack Remains in Place

hate-crimePedro Ramirez’s plea agreement will stand.  So ruled Judge Timothy Fall on Friday.  Mr. Ramirez, along with co-defendant Johnny Morales, had pled no contest to assault and a hate crimes charge.

Judge Fall ruled that there was no evidence duress, and thus no legal basis for Mr. Ramirez to withdraw his plea.

 

Your Turn – Week’s Best Blog Comments

logo.jpgThis is a weekly feature that will attempt to emphasize some of the more thoughtful and illuminating comments made during the previous week.  This is not an exclusive list – but will represent all sides of the issues.  But we want to encourage thoughtful and civil, but still insightful and, at times, critical comments.  Hopefully this effort will strike the right balance we seek.

hpierce – “Poll Suggests Majority of Voters Favor Commuting Death Sentences to Life Without Parole”

District Rescinds Layoffs, Explanation on New HR Director

schoolWith the passage of Measure A  last week, the Board of Education on Wednesday was quick to rescind all of the 61 March layoff notices that were issued for Davis teachers.  This despite the fact that the district may have to cut up to three million dollars from the upcoming budget, depending on what happens with the state budget and what state legislators do with education funding in light of the failure to put the tax extensions on the ballot.

The newly-appointed director of human resources, Assistant Superintendent Matt Best, said on Wednesday, “We promised we would bring these people back with Measure A. And that is what we’re doing.”

Jury Deadlocks on Whether Shooter Was Attempting to Murder Police

ShootingThe prosecutor grabs the alleged weapon, a gun, points it over the heads of the jury and suddenly shouts, “What color are my shoes?  What color are my shoes?”  He is making the point that an officer who is being fired at may not correctly recall details of the event.

Deputy DA Clinton Parish likes to brag that he saves his best arguments for what is supposed to be the rebuttal closing argument – the argument that the DA gets due to the fact that they have the burden of proof in the case, when the defense attorney cannot respond.