Month: August 2011

School Starts Today: Be Sure To Pack Lunches, Snacks, Books, Pencils, and Oh Yeah, the US Constitution

School Starts Today: Be Sure To Pack Lunches, Snacks, Books, Pencils, and Oh Yeah, the US Constitution

By David GreenwaldAugust 23, 201167 comments

know-your-rightsIt is still about an hour or two before our second grader will excitedly get up and head off to school.  Like many kids, he will have his backpack filled with snacks, his books, paper and pencils.  But this year we have done something new for him, we told him about his constitutional rights, should he ever be confronted by a situation where the police want to talk to him.

It is sad that it has come to that, but just as we describe to children in great detail what to do if they ever encounter a stranger, it is time to teach them their rights when confronted by police.
Prosecution Introduces Gruesome Forensic Photos in Topete Case

Prosecution Introduces Gruesome Forensic Photos in Topete Case

By David GreenwaldAugust 23, 201112 comments

topete-marco

Last week, during the opening statements, the prosecution showed the full 15-minute video of the incident that culminated in the fatal shooting of Officer Tony Diaz. During the course of airing that video, members of the family, apparently unprepared for the magnitude of emotions, responded by openingly weeping in court, and some fleeing the courtroom were even heard wailing around the entire courthouse.

Better prepared for what could be an emotional response by family members, the two sides argued about the propriety and value gained by adding gruesome autopsy photos as exhibits and evidence in the case.
Like BART Protests, Internal Documents Reveal UC Has Spied On Student Fee Hike Demonstrations

Like BART Protests, Internal Documents Reveal UC Has Spied On Student Fee Hike Demonstrations

By uptownstudiosAugust 23, 201110 comments

Surveillance-Keyholeby Eric Lee
Special to the Vanguard –

BART actions to inhibit free speech activity isn’t new to University of California students who earlier this year uncovered internal documents showing officials have conspired to monitor and control constitutionally-protected fee hike protests at UC Davis.

High-ranking University of California, Davis administrators including Chancellor Linda Katehi, several vice chancellors, more than 30 staff members, and campus police were involved, according to internal documents uncovered by students involved in the demonstrations.
DHS Student Describes Being Threatened By Police, Betrayed by School Staff

DHS Student Describes Being Threatened By Police, Betrayed by School Staff

By David GreenwaldAugust 22, 201126 comments

Art-or-Vand.pngLast week, the ACLU sent a letter to Superintendent Winfred Roberson alleging that on the morning of May 12, 2011, a Davis High Student, Alana de Hinojosa “was pulled out of her class at Davis High in front of her teacher and all her classmates, and escorted by a school staff member to the office of the head campus supervisor. There, Ms. de Hinojosa was questioned by a sworn officer of the Davis Police Department, Officer Ellsworth, the High School’s vice-principal, and another school staff member about her newspaper article.”

The ACLU claims that at no point was she informed of her right not to answer questions or advised that she was free to leave the room.
What Keeping the Pool Open Really Means

What Keeping the Pool Open Really Means

By David GreenwaldAugust 22, 201112 comments

Community_Pool

When I first started doing this five years ago, I used to worry about not having anything to report or comment on.  What I have found in the five years since is that, while there are quieter times and more busy times, there is never really a period of time in Davis when nothing is going on.

We have had major stories break this August, we have had major stories break right before Christmas and sometimes even right between Christmas and New Year’s.
Commentary: Parcel Tax and the Reality That School Budgets Are Not Likely to Improve Any Time Soon

Commentary: Parcel Tax and the Reality That School Budgets Are Not Likely to Improve Any Time Soon

By David GreenwaldAugust 21, 201162 comments

school

Last week the Davis School Board continued preparations for a renewal of their parcel taxes that are set to expire at the end of 2012.  These parcel taxes, passed by the voters in 2007 and 2008 in Measure Q and Measure W, provide the district with 320 dollars per parcel.  That is in addition to the two-year emergency parcel tax, Measure A, that was very narrowly passed by the voters in May.

I think most observers expected the economy to have turned around by now.  Will we go to a double-dip recession?  Probably not.  More likely is that the economy will continue to sputter along with very low but positive economic growth for the next few years.
Sunday Commentary: Hiding in Plain View

Sunday Commentary: Hiding in Plain View

By David GreenwaldAugust 21, 201123 comments

police_tape

Perhaps you were like me, and were concerned by what you know about the incident at Davis High School where two students were apparently pulled out of class and, according to one account, threatened by police that they either turn over the names of potential taggers or face legal consequences.  Perhaps you were not concerned about that incident at all.

My concern in this column is not what happened, but rather the fact that we will never really know what happened.
Commentary: UC Takes 140 Million Dollars from Student Tuition to Go To Raises

Commentary: UC Takes 140 Million Dollars from Student Tuition to Go To Raises

By David GreenwaldAugust 20, 201138 comments

yudof-2

It has been a busy week, but we have to note with stunned amazement the continued audacity of the University of California, who announced this week that they will spend approximately 140 million dollars that was raised from increasing student tuition to give merit raises to thousands of faculty members and nonunion employees earning up to 200,000 dollars.

So much for any reasonable notion of shared sacrifice.  The University of California is experiencing what officials have called their worst fiscal crisis in history, they have lost nearly a billion in state funding over the last years, forcing layoffs and huge fee increases, but they have absolutely no problem giving out raises to top executives and now money for merit increases.
Analysis: Topete and the Gang Issue

Analysis: Topete and the Gang Issue

By David GreenwaldAugust 20, 201133 comments

topete-marcoThere was a lot of focus, this opening week of the Topete trial, on the sideshow.  In the end, the point I am going to make is probably not crucial.  In all likelihood Mr. Topete will get convicted on all charges and sentenced to death.  After all, he shot at a police officer 17 times after leading him on a high speed chase.  He had his baby in the car and he was drunk.

They can get him for first degree murder with special circumstances even under a felony murder theory.  Nevertheless, since our primary focus is on the Yolo County Judicial System, it is worth making the case that I think the prosecution’s theory of the murder is partially flawed.
City of Davis Responds to Vanguard on Water

City of Davis Responds to Vanguard on Water

By David GreenwaldAugust 19, 201123 comments

water-rate-iconVanguard Responds That City Appears to Be Switching Back and Forth Between “Protest” and “Notice” Requirements and Definitions –

Yesterday the Vanguard reported that the city failed to notice tenants who are eligible to protest water rate increases under Government Code Section 53755 (b): “One written protest per parcel, filed by an owner or tenant of the parcel, shall be counted in calculating a majority protest to a proposed new or increased fee or charge subject to the requirements of Section 6 of Article XIII D of the California Constitution.”

In the city notice, they stated, ” Any property owner whose property will be subject to the imposition of the proposed water, sewer, and solid waste service fees may submit a written protest to the proposed rate increases; provided, however, that only one protest will be counted per identified parcel.”
Tenants Have the Right to Protest Water Rate Hikes According to State Law

Tenants Have the Right to Protest Water Rate Hikes According to State Law

By David GreenwaldAugust 18, 201113 comments

water-rate-iconCity May Have Erred on Prop 218 Notice –

The Vanguard has learned that the city likely did not properly notice all required citizens of the water rate hike.  According to the Government Code, both ratepayers and tenants are allowed to protest rate hikes. However, to the best of our knowledge, tenants were not informed of this right by the city.

The situation occurred previously in the City of Dixon, and the city was forced to re-notice all citizens and restart the 45-day Prop 218 notice period.
Wife’s Honest and Revealing Testimony Shows Magnitude of Tragedy in Topete Case

Wife’s Honest and Revealing Testimony Shows Magnitude of Tragedy in Topete Case

By David GreenwaldAugust 18, 201151 comments

topete-marco

The spectacle of the Topete trial has often distracted from the incident and brutal murder itself.  This has proved to be a huge disservice to the magnitude of human tragedy that occurred here.

Yesterday Angelique Topete took the stand as a hostile witness for the prosecution.  Recall that during the pretrial motions, the defense fought hard to keep her from testifying to what would normally be protected by spousal privilege.  However, due to the endangerment charges regarding the couple’s child, the spousal privilege did not apply.
Broaching The Subject of Taking The Keys Away From An Older Driver

Broaching The Subject of Taking The Keys Away From An Older Driver

By David GreenwaldAugust 18, 201115 comments

senior-drivingBy Elaine Roberts Musser

If a driver is physically or mentally impaired to such an extent that it seriously interferes with the ability to drive safely, what should be done?  According to California Highway Patrol Chief Mona Prieto, “There are 11 million drivers 75 and older in the United States.  With the baby boomer population aging, in twenty years one in four drivers will be elderly.  And studies by the Insurance Institute for Highway Safety find that older drivers themselves suffer the most severe consequences of their crashes.”

As CHP Deputy Commissioner Joe Farrow reminds us, “Unlike the legal age set for when you can start driving, there is no legal age for when you should stop.  It varies person to person on a number of factors, including physical health, eyesight, and what medications you may be on.”

Free Speech and Journalistic Shield or Hindering a Police Investigation?

Free Speech and Journalistic Shield or Hindering a Police Investigation?

By David GreenwaldAugust 17, 201164 comments

ACLU Challenges Coercive Police Interrogation of Students at Davis High School –

Art-or-Vand

It all began with an article in the Davis High HUB entitled “Art or Vandalism,” printed in the April 27, 2011 edition under the byline of Alana de Hinojosa, Editor-in-Chief.

The article depicted graffiti and taggers, protecting their names.
Opening Act: Video of Police Shooting Draws Emotional Response from Family of Slain Deputy

Opening Act: Video of Police Shooting Draws Emotional Response from Family of Slain Deputy

By David GreenwaldAugust 17, 201115 comments

topete-marcoJudge Richardson Denies Defense Motion For Mistrial –

Given the twists and turns in the now three-year-old murder case involving Marco Topete, who faces the death penalty for shooting and killing Sheriff Deputy Tony Diaz in June of 2008, it should be no surprise that the first day of opening arguments would not run smoothly.

A vivid and horrifying 15-minute video of the chase and ultimate shooting of the deputy nearly brought the case to a halt once again, as dozens of family members began weeping openly in court in full view of the jury and one woman could be heard wailing down the hall so loudly that virtually the entire courthouse heard it.
Republicans To Challenge Redistricting Boundaries

Republicans To Challenge Redistricting Boundaries

By David GreenwaldAugust 16, 201125 comments

redistrictingThe Sacramento Bee and other media outlets are reporting this morning that Republicans have announced that they will support a signature drive to overturn the newly-drawn Senate Districts, prior to their taking effect.

Republican strategist David Gilliard is leading the way.  He argued on Monday, “This is not an attack on the process – it’s an attack on the product.”
City Formally Files For At-Grade Crossing

City Formally Files For At-Grade Crossing

By David GreenwaldAugust 16, 201115 comments

Train-Slide.jpgThe City of Davis announced yesterday that it has formally submitted an application to the California Public Utilities Commission (CPUC) to construct an at-grade pedestrian/bike crossing at the Davis Train Station, also known as the Southern Pacific Depot, to provide safe and convenient access between the Olive Drive neighborhood and the downtown/depot area.

The proposed crossing would consist of warning devices and gates at the main access point to the Depot platform from the Olive Drive neighborhood. On the south side of the tracks there would be a pathway leading west to the existing gate openings to the two housing sites adjacent to the track and extending east to the extension of Hickory Lane. In addition, the City of Davis has requested an emergency vehicle-only access point in the vicinity of L Street connecting to Olive Drive.
Subject Who Was Shot in Face by Police While Handcuffed Files Federal Civil Rights Suit

Subject Who Was Shot in Face by Police While Handcuffed Files Federal Civil Rights Suit

By David GreenwaldAugust 16, 201131 comments

police-shooting.jpgSuit alleges a very different string of events than the one detailed by the Sacramento District Attorney’s office

Attorney Stewart Katz, representing John Hesselbein, filed a federal civil rights suit on Monday stemming from an action on January 30, 2011 where Mr. Hesselbein was shot “at point-blank range in the head with a high-powered round fired from an assault rifle while Hesselbein was seated handcuffed in the back of a patrol car.”

“The immediate justification for the shooting was Hesselbein’s continued squirming after being warned that he would have ‘his grape peeled’ if he continued wriggling,” the suit claims.