Month: November 2011

Damage Control

katehi_linda1_b

Chancellor’s Hasty Retreat Covers Up Major Errors and Oversights That Directly Caused Fiasco

In the immediate wake of the pepper spraying, the initial response from the leadership at UC Davis was actually to defend the actions of the police.

“We have a responsibility to maintain a secure place for our students to learn, and for our faculty and staff to provide the excellent education we are known for,” Chancellor Linda Katehi said immediately.

Council Still Has Decision to Make On Water

Joe-Krovoza

There is no truth to the rumor that Mayor Joe Krovoza was actually the one who ordered the pepper spraying attack on students last Friday in an effort to take the water issue off the front page.

However, the city council still has a serious decision to make, despite the Harriet Steiner issued opinion which stated: “In our opinion, the City’s newly-adopted water rates are not subject to challenge by referendum.”

Sunday Commentary: The Whole World is Watching

Pepper-spray.jpg

Saturday featured a flurry of activity as UC Davis had to rapidly backtrack in the wake of national and worldwide coverage, from CNN to the New York Times to the Huffington Post to the BBC.

University Officials initially defended Friday’s action, saying that police had to use pepper spray after being surrounded by students – something that the videos clearly and definitively refute as it shows a rather orderly scene with students simply huddled on the sidewalk and an officer walking up and pepper spraying them.

Former Councilmember Calls on Council to Re-Think Mutual Aid For UC Davis Police

lamar_heystekby Lamar Heystek

The following is an open letter to the Davis City Council:

My heart goes out to each of you. Having borne the burden of your office myself, I know the weight. I can only imagine how much harder it has become in the months since I have left the City Council. Nevertheless, I come to you and suggest an additional burden you must take on, for the sake of our community and before the nation and beyond.

Occupy UC Davis Explodes in Protester-Police Clash

Pepper-spray

Just when it seemed that the Occupy movement was about to die out, a confrontation that was brewing all week exploded as police officers used pepper spray and other non-lethal means to expel protesters from an encampment on the campus Quad.

Officials report at least ten protesters arrested.

Off-Topic Column: Will We Ever Learn?

UCD-COD-Occ-Comp

Occupy This: Will We Ever Learn?

One of the most riveting moments of the civil rights movement was when Bull Connor turned the firehoses and attack dogs on protesters.  It galvanized public sympathy and support for the civil rights movement.

After that, officials, at least those with a semblance of self-control, quickly realized that reacting in such a heavy-handed manner actually bolsters the message of the protesters, creating attention for the issue and sympathy.  Smart leaders allow the protesters to say their piece, which is, after all, a First Amendment right, and be done.  That is, so long as there is no real danger to public safety.

City Objects to PERB Decision

Owen-David.png

Two weeks ago, the Public Employment Relations Board ruled that the city improperly canceled fact-finding and imposed the last, best and final offer on DCEA.

PERB ruled: “It has been found that the City violated MMBA sections 3503, 3505, 3506, and 3509(b) and PERB Regulation 32603(a), (b), (c), and (g) when it passed Resolution 10-070 on May 25, 2010, before exhausting the fact-finding process set forth in its local rules.

DJUSD Poll Finds Strong Support for Schools Tax, Less Support for Water

school

Those who believe that the parcel tax is dead ought to at least look at the polling that was completed on November 9 by DJUSD.  Whether those numbers change after water rate hikes take effect is uncertain at this point.

However, the poll found that more than 70% of voters would either “definitely” or “probably” vote to renew “the existing parcel tax” and, moreover, that support is largely unchanged from the December 2010 poll.

Davis Man Faces Charges in “Phantom” Drug Case

methYolo County Judge Janet Gaard held Davis resident Paul Delgado to answer, in a preliminary hearing for two felony charges of attempting to sell meth, despite the fact that there is no evidence that he ever possessed the drug that he allegedly offered to sell to an undercover agent of YONET.

Mr. Delgado is being prosecuted by Yolo County Deputy District Attorney Michael Vroman.  The evidence presented, at the preliminary hearing on Wednesday, was based solely on the word of Officer Ryan Bellamy of the Davis Police Department, acting as a supervising agent for YONET.

Cal Supreme Court Grants Standing to Proponents of Prop 8

Central_Park_1

In a decision viewed as a major victory for opponents of same sex marriage, the California Supreme Court granted the proponents of the ballot initiative standing to defend measures in court when the governor and attorney general refuse to do so.

“When the public officials who ordinarily defend a challenged state law or appeal a judgment invalidating the law decline to do so,” the state Supreme Court said in a unanimous opinion, “the official proponents of a voter-approved initiative measure are authorized to assert the state’s interest in the initiative’s validity, enabling the proponents to defend the constitutionality of the initiative and to appeal a judgment invalidating the initiative.”

Blindsided: Anger Erupts Over City’s Last-Second Legal Brief

Disenfranchisement

Anger and outrage emerged over the city’s last-second legal brief by City Attorney Harriet Steiner who wrote, “In our opinion, the City’s newly-adopted water rates are not subject to challenge by referendum.”

However, not everyone agrees with that legal opinion.  Even Harriet Steiner acknowledges there is a lack of case law, “We  must note that there are no post-Proposition 218 cases that are directly on point.”

Commentary: Jury Gives Marco Topete Death in Case in Which We All Lose

Topete-Defense

I’d like to be able to tell you that, in the end, justice was served, a murderer got what he deserved and we are all better off for it.  To wearily quote Bob Dylan, “In the courtroom of honor, the judge pounded his gavel – to show that all’s equal and that the courts are on the level – and that the strings in the books ain’t pulled and persuaded…”

But we all know better than that.  We knew what the result would be in this case on June 18, 2008, the day that the Sheriff’s Deputies locked the public and the press out of the courtroom.

Word To The Wise – Institutionalized Rape at Penn State University: A Cautionary Tale

paternoBy E. Roberts Musser

As an alumnus of Penn State University, I was shocked and appalled by the child sex abuse scandal that has unfolded there in recent days.  However, I was not all that surprised.  When I attended Penn State in the years 1972-1973, only on campus for one year to obtain my Masters Degree in Applied Mathematics, there was an ugly rumor floating around Penn State even then involving sexual impropriety.

Supposedly members of the football team had raped a girl.  By all accounts, the rape victim was approached by University officials, and warned not to press charges if she valued her reputation.  It was my understanding the girl faded into the background and was never heard from again.  Of course we never knew if the rumor was true or not.

City Attorney Believes Rate Hikes Not Subject to Challenge by Referendum

water-rate-icon

More than two months after the September 6 vote, after a signature-gathering campaign garnered over 5000 signatures, over 3800 of which actually counted, Mayor Joe Krovoza dropped a bombshell in an email to the Vanguard as he questioned the legality of the referendum in overturning a 218 process.

“It is very clear that you can’t overturn a 218 with a referendum,” Mayor Krovoza said.

Legal Experts Believe Judge Erred in Dismissing Juror in Death Penalty Case

Topete-Defense

When Judge Richardson dismissed Juror No.11 on Monday morning, granting her request for dismissal based on what she claimed to be a language barrier, it created several red flags for the Vanguard, which questioned why she seemed able to understand sufficient English to render a guilty verdict, but not enough to participate in the deliberation on the penalty phase.

The Vanguard spoke to the ACLU of Northern California’s Death Penalty Policy Director, Natasha Minsker, who agreed that the judge’s ruling puts the entire case in jeopardy.

Water Referendum Qualified by Skin of Its Teeth

Vote-stock-slide

It turns out the water referendum needed every one of those 5124 signatures and probably needed to spend every dime that it did on the petition drive.  That is because 1258 of the signatures, around one quarter, were found insufficient by the Yolo County Clerk’s Office.

However, at the end of the day, the only number that really mattered was 3866, the number of valid signatures, 161 more than the 3705 that were required.

Judge Dismisses Juror From Penalty Phase of Topete Trial

Topete-Defense

On Monday morning, after a brief inquiry with Juror No.11, the judge granted her request for dismissal based on what she claimed to be a language barrier.  Left unanswered by the judge and unquestioned by the defense is how she could understand enough English to render a guilty verdict, but not enough to participate in the deliberation on the penalty phase.

However, that will be a question an appellate court will have to address, as the defense team went basically silent after the juror’s comments.

Suit Filed Against Oakland Police Department For Crackdown on Occupy Demonstrators

occupy

The ACLU of Northern California and the National Lawyers’ Guild filed a lawsuit Monday in federal court against the Oakland Police Department for what they are calling “its egregious constitutional violations against Occupy Oakland demonstrators.”

The lawsuit asks for an emergency temporary restraining order to stop police violence against political protesters. The restraining order is urgent because another police encounter with demonstrators is imminent, after the removal of the Occupy Oakland camp early this morning.

Commentary: Pulling Back a Bit on Water Rate Debate

floating-20With any luck, we will know by the end of the day if the water referendum qualified for the ballot.  As we have noted for the last several weeks, the water issue, if goes on the ballot, will be a polarizing issue, encompassing about seven months’ worth of debate.

Proponents of the surface water project say that technical and regulatory requirements necessitate the project and that we will face severe and mandatory penalties and fines for non-compliance with the Clean Water Act and other discharge requirements.

Packed House Watches Judicial Watch Program on Wrongful Convictions

Event-Caldwell-2

On November 3, 2011, 285 people packed the Yolo Judicial Watch Fundraiser and Awards Ceremony to listen to a night about wrongful convictions highlighted by Maurice Caldwell, an individual who spent 20 years in prison for a crime he did not commit, and Linda Starr from the Innocence Project, one of the attorneys that helped to free him.

The event, which will help to fund the Judicial Watch for the next year, was a tremendous success.  Unfortunately, some sort of snafu prevented our arranged film crew from filming it.  So I have had to piece together this report on the event.