Month: July 2011

Sunday Commentary: Our Jury System, Innocence and Ajay Dev

Dev-2yr-1aI am constantly told that we have the best legal system in the world.  I don’t know if that is true or not, but suppose it is true, does that mean it is beyond reproach?  Does that mean that we cannot work to improve it, that we should sit back and not question things when they go wrong?

I have seen dozens of trials over the last 18 months and read intimidate details from dozens of other trials, and on a regular basis I see things that should give us concern.

Vanguard Court Watch Editorial: Balanced Look Needed at Need For Gang Injunction

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For the past few years the city of West Sacramento has been placed under various gang injunctions.  Some have said the injunctions have helped reduce violent crime there recently.  Though that may be true, it tells us only about the good, and not the harm, that the injunctions may have done to the people who have to live under them.

Top county law enforcement officials have said that the gang injunction is fair, balanced and effective.  However, lifelong residents of West Sacramento, with whom the Vanguard spoke, who have had first-hand experience at the receiving end of the injunctions, described a different reality.

The City’s Chip Seal Fiasco

chip-seal-1City Forced to Rely on Efficient Cost-Savings Devices Which Did Not Work As Advertised –

Lost in the shuffle during the budget debate and the employee response was an interesting tidbit in which numerous residents came forward to complain about the use of chip seal on their streets.

The city had been using the product as a way to forestall the inevitable repavement that would be needed on a number of residential streets, but that the city could not afford at this time.

District Attorney and Supervisor Rexroad Respond to Ajay Dev’s Supporters

Dev-PeggyThe supporters of Ajay Dev, who is serving a 378-year sentence that his friends and family believe is unjust, were finally able to provoke a response this week from the powers that be.

On Wednesday, two years after the conviction that his supporters believe to be wrongful, 250 to 300 people hit the streets in protest.  But it was another tactic that appeared to generate the response, in that every time someone filled out an online petition, the petition was set to generate emails to critical politicians and media that had previously ignored the efforts.

Regents Raise UC Fees by Nearly 10 Percent

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The UC Board of Regents reluctantly voted to raise tuition by another 9.6 percent on top of the eight percent they raised it last year, both to take place in the fall.  That means that tuition will have increased this fall by 1890 dollars.

The Regents were quick to blame the latest blow to students on the state’s budget cuts and the budget that Governor Jerry Brown signed last month, which was basically an all-cuts budget due to the fact that the Democrats had to pass the budget with only the support of Democrats, and thus could not raise taxes.

Governor Signs Landmark Bill Mandating Inclusion of Gay Contributions in History

leno_lgbtGovernor Jerry Brown on Wednesday signed the FAIR (Fair, Accurate, Inclusive and Respectful) Education Act, authored by Senator Mark Leno. Supporters of the legislation claim that the bill ensures that the historical contributions of lesbian, gay, bisexual and transgender (LGBT) people and disabled individuals are accurately and fairly portrayed in instructional materials, by adding these groups to the existing list of under-represented cultural and ethnic groups already included in the state’s inclusionary education requirements.

“History should be honest,” Governor Brown said in a written statement on Thursday. “This bill revises existing laws that prohibit discrimination in education and ensures that the important contributions of Americans from all backgrounds and walks of life are included in our history books. It represents an important step forward for our state, and I thank Senator Leno for his hard work on this historic legislation.”

DA Declines to File Charges for Picnic Day Death of Scott Heinig

HeinigMany in Davis were devastated by the news on an otherwise uneventful Picnic Day that a former Davis High and UC Davis star baseball player had died from a tragic accident.

The Yolo County coroner ruled the cause of death was blunt force neck and head injury. After extensive examination and testing the Yolo County Coroner concluded that the manner of death was homicide, as it was by definition, “a death caused by human hands.”

 

Large Crowd Marks Second Anniversary of Ajay Dev’s Conviction and 378 Year Sentence

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It has been two years now since Ajay Dev was convicted of raping his adopted daughter over 750 times over a five-year period and sentenced to 378 years in prison.  Since that time, family and friends have worked tirelessly to prove his innocence.

Usually, when activists will hold a protest, the first turnout is relatively large but the numbers decrease steadily over subsequent protests.  That has not been the case here.  If anything, two years after the verdict, we see more outpouring of support, and by all accounts this may have been their largest protest ever with between 250 and 300 people in attendance.

Defendant Found Not Guilty Twice in Latest Couzens Saga

Yolo-Count-Court-Room-600Prosecutorial Misconduct, Witness Intimidation, and Two Vedicts Punctuate Another Flawed Yolo DA Case –
There is no other way to describe it other than this is just a typical Ryan Couzens case, which apparently can never go smoothly without bizarre and sometimes mind-boggling twists and turns.

On the surface this should have been a straightforward case, whether Ken Woodall cut Bert Lok in the mouth with his knife.  However, by the time the jury came back for a second time with a not guilty verdict on all counts, this case became yet another chapter in the bizarro book being written in Yolo County by Deput  DA  Ryan Couzens.

Commentary: The Failure of the Redistricting Panel

redistrictingThe weekend, the “Citizens Redistricting Commission” announced they decided to skip the publication of a second draft of redistricting maps.

One Commissioner, Cynthia Dai, told the media, “We were running up against the clock.  There’s a certain amount of time it takes to produce a map.”

The Alternative To Prop 218 For Stopping Rate Hikes

water-rate-iconIn yesterday’s column, Bob Dunning praised (sort of) the efforts by the Davis City council to simplify the protest form for a Prop 218 Protest.

Wrote the columnist, “It may have taken them all of the spring and part of the summer to get it done, but the Davis City Council finally came up with a simplified form to allow citizens to protest the proposed increase in our water rates.”

Civil Rights Advocates Report California Death Sentences Drop to Lowest Level Since 1978

san-quentinAre Yolo County’s efforts to impose a death sentence on Marco Topete, when his now three-year-old case comes to trial again next month, running up against a strong current against the death penalty?

Last week, the ACLU reported that just three death sentences were handed down in California from January to June 2011 compared with the same period last year when there were 13.

Davis Businesses Quiet About the Water Rate Hikes

water-rate-iconWhile the city council has taken additional steps to ensure full transparency in the propsed water rate hike and the Proposition 218 process, going well above and beyond the statutory requirements, we remain concerned that the council has not fully assessed the impact of those rate hikes.

Last week, among other instances, we noted the disconnect in the business park land strategy versus the desire to convert Cannery Park into residential and mixed uses.  In particular, we noted that the city’s one existing and reliable business park site of 100 acres would be converted to mostly residential uses, at the same time the council and city are moving toward a serious approach to economic development.

New Regulations on Pensions Might Cost Cities Like Davis Millions

pension-reform-stockLast week, GASB (Governmental Accounting Standards Board) announced bold new government accounting principles that propose improvements to financial reporting of pensions by state and local governments.

According to their July 8 press release, “The documents would propose amendments to the existing pension standards to improve how the costs and obligations associated with the pensions that governments provide to their employees are calculated and reported.”

Daily Democrat Double Standard in Covering Press Releases Continues

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Coverage of Ajay Dev March Differs Markedly From Verbatim Stories For DA’s Press Releases –

Those who were around probably remember the sob story from Daily Democrat Jim Smith, who suddenly found himself and his paper under fire when they decided to run verbatim a press release that, at best, distorted a court case and, at worst, outright deceived the public.

In running a story on the Michael Artz trial, the DA’s office sent their typical press release which made it sound like the defendant had been convicted of certain crimes that he was not even charged with, at the same time omitting the fact that he was acquitted of the main charges.

Victim Describes Details of Assault by Davis Restaurant Owner

Yolo-Count-Court-Room-600Following a preliminary hearing last week, Yolo County Judge David Rosenberg has allowed the case against Cafe Mediterranee owner Ashot Manukyan to move forward and stand trial on charges that include a felony count of assault with intent to commit sexual penetration, penetration with a foreign object and false imprisonment, and a misdemeanor charge of sexual battery.

The alleged victim had worked at the popular Davis restaurant for five months prior to the January 31, 2011, alleged incident.

Maybe the Kids Should Not Eat the Grass Next Year at Davis City Parks

By Alan Pryor

City Axes Integrated Pest Management Specialist Position at Parks and Recreation –

Central_ParkOne little noticed casualty buried in the City’s recent budget-cutting-frenzy was the complete elimination of funding for the Park and Recreation Department’s Integrated Pest Management (IPM) specialist position through Tier 1 General Fund cuts. Integrated Pest Management is the agricultural and municipal buzzword for efforts to eliminate the use of toxic environmentally-persistent pesticides and herbicides and replace them with less harmful alternatives. The responsibility for implementing the IPM Program in Davis has been held by the City’s Integrated Pest Management Specialist, Martin Guerena. Mr. Guerena is an alumnus of both UC Davis and Cal Poly and has held the position at Davis since 2007.

In the case of the City’s Parks and Recreation program, IPM means eliminating the use of herbicides to the extent possible through the alternative use of weed-smothering mulch or using ground cover plants to squeeze out the invasive weeds – or, as a last resort, using herbicides that are less harmful to humans and the environment. It also means using innovative alternatives to spraying with highly toxic pesticides for insect, fungi, and bacterial plant pathogens.

Sunday Commentary: City Manager Dilemma – In Search of a New City Manager

Council-newIt has been nearly nine months since City Manager Bill Emlen left the City of Davis for Solano County.  The search for a new city manager has been a well-kept state secret.

I got admonished last week for claiming to know for sure that the Interim City Manager Paul Navazio – if he is in fact a candidate, which I suspect he is – will not be the new city manager.  So I will state for the record this time, I have no inside information here.  This is simply me speculating and reading the tea leaves.

Race and Caylee Anthony

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The movie “A Time To Kill” I saw for the first time as a new graduate student in the Chemistry Building, back in 1996.  It featured the story of a black man in Alabama, whose 11-year-old daughter was brutally raped by two white men.  Rather than leaving their fate up to an all-white jury, the father shot and killed both men.

Now he faced his own all-white jury, that he derisively asked, “This is a jury of my peers?”  In his closing statement, his defense attorney tried to flip the race card, drawing up a vivid picture of the attack on the daughter.