Month: December 2011

When Does A Building Become an Inhabited Dwelling For the Purposes of Burglary Considerations?

burglarDeputy District Attorney Sulaiman Tokhi argued that this is a case where “bad liars meet good evidence.”  During these troubled economic times, crimes involving the stealing of metal pipes such as copper and turning them into recycling centers have increased in numbers.

In this case, co-defendants Nicholas Cummings and Penny Burkett would be convicted of first degree burglary and vandalism, with Mr. Cummings also being convicted of possession of burglary tools.

Dunning Criticizes Bee Editorial on Davis Water Issue

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As we said on Saturday, both the Woodland Daily Democrat and Sacramento Bee came out with scathing editorials, giving it to Davis for the delay on the water project.

However, both miss the mark, we argued, because they fundamentally do not get the unique nature of civic involvement in Davis – which, while inconvenient at times, is a great strength that other communities should strive for rather than ridicule.

Occupy Woodland Makes a Tangible Impact

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With only a small contingent of protesters and their star, Cindy Sheehan, home with a migraine, the small but enduring Occupy Woodland group made a noticeable impact as they protested in front of Chase Bank on Main Street on the day of the bank’s opening.

The message of the day was simple: “Banks got bailed out – We got sold out.”  The protesters were directly protesting the bank’s policies, which some said were overly-predatory and unrelenting.

Court in First Amendment Case Overrules Prosecutorial Immunity

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Eight years ago in Colorado, authorities showed up at the home of Tom Mink with a warrant to search for evidence of “criminal libel.”  Mr. Mink had developed a satiric internet publication, The Howling Pig.  Mr. Mink, then a University of Northern Colorado student, was being prosecuted for libel for what he claimed were protected First Amendment satirical writings.

The authorities did not agree, but eventually Mr. Mink was not only vindicated but, after three trips to the Tenth Circuit Court of Appeals, a $425,000 settlement finally ended a marathon legal battle over free speech that began on December 12 eight years ago.

City and County Butt Heads Over Tower

tower.jpgCity Clarifies Position in Recent Letter as County Recommends Denial of Appeal –

The city and county will come to blows today, at least metaphorically speaking, over a one-year extension of a use permit for a 365-foot radio tower at the landfill site.

The county staff report is recommending the extension of the use permit for one year and a denial of the appeal filed by Eileen Samitz.

Using New Vanguard Bulletin Board

A few weeks ago, the Vanguard launched its new bulletin board feature.  The feature will allow for two critical things.  First, it allows for the movement of off-topic posts from the comment section of articles to its own page, where the discussion can continue.  Second, it will allow readers to post their own topics and comments for discussion.

The bulletin board has the potential to become another point of vital discussion in the Davis community, on a whole host of topics that otherwise would be considered off-topic.

Guest Commentary: KDVS Needs the Landfill Tower

tower.jpgby Neil Ruud

The current KDVS radio tower on Kerr Hall causes telecommunication interference and is not tall enough to legally protect KDVS’ signal beyond the immediate area. In 1996, KDVS’s staff started researching potential sites to build a taller tower and legally protect its listeners in Yolo County and beyond.

Throughout this 15 year process, other radio stations have encroached on KDVS’ airwaves. Already there is an automated out-of-state mini-station in eastern Sacramento preventing many of our dedicated listeners from hearing KDVS. This will soon be a reality in other parts of the valley, including some parts of Yolo County. Without an expanded legal area of protection, KDVS is powerless to protect reception for existing listeners.

Memory Expert Helps Explain Problems With Eyewitness Identification

Loftus-GeoffreyFive young codefendants were facing nearly 20 years in prison for an attack on January 24, 2011.  The co-defendants, four of whom were minors, faced charges of robbery, assault and gang enhancements.

The District Attorney’s office may have felt this was a slam-dunk case, refusing to make plea bargains that would put the four minors back into the juvenile justice system.  After all, the individual, who claimed he was attacked by five or six individuals on the evening in question in West Sacramento, identified all of them at the scene, and they were caught within a block or two of the crime within an hour of the 911 call.

Commentary: Discussing Race

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Last week the Vanguard ran a piece that covered an op-ed by Daniel Filler who argues that the tactics used against the UCD protesters were typical of police tactics used against minorities.  Mr. Filler simply argues that police get away with certain tactics on minorities that would outrage the white community if it happened in Middle America.

Back in July, the Vanguard ran a piece called, “Race and Caylee Anthony,” where we focused on a Washington Post column written by Keith Alexander, who asked, “If Caylee Anthony had been black, would you know her name?”

Sunday Commentary: Moving on From Water

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Councilmembers Sue Greenwald and Dan Wolk really well captured my views on water this week.  Dan Wolk first noted that, by putting the water issue on the ballot in June, it will monopolize the council campaign.
Sue Greenwald then followed that up by arguing: “I am not in favor of an election in June, because while this issue is incredibly important, I think that we are much more than one issue.  There’re so many big issues in front us, I don’t think we should make a circus out of June.”

Off-Topic Column: Presidential Campaign Update, Death Sentence Dropped in Infamous Death Penalty Case

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UCD Academic Senate Commends Student Body

According to a release from the UC Davis News Service, The Academic Senate’s Representative Assembly took up only one proposal on Dec. 2, voting unanimous approval of a resolution commending the student body for its civility.

The Academic Senate’s Davis Division “is extremely proud that the students embody both the campus Principles of Community and the core values of the Davis campus,” the resolution states.

Regional Papers Ripping Davis on the Water Deal Miss the Mark

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Both the Woodland Daily Democrat and Sacramento Bee came out with scathing editorials, giving it to Davis for the delay on the water project.  The papers come from very different places, and miss the mark in different ways.

The bottom line for me, though, is that both miss the mark because they fundamentally do not get the unique nature of civic involvement in Davis – which, while inconvenient at times, is a great strength that other communities should strive for rather than ridicule.

Commentary: Water Problems Were A Long Time Coming with the Principals Absent on Tuesday

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On Tuesday night, the council finally heeded advice that should have been taken long ago – to slow down the water project to get community buy-in.  Missing from the discussion that night were critical figures that were the nucleus of the council’s problems, long before most of the members of the current council were even seated.

Notable in his absence was former mayor and now Supervisor Don Saylor.  It was a seemingly innocuous photo in the Davis Enterprise in late 2007, where Don Saylor was shown with Bruce West, one of the principles at West Yost Associates.

Democratic Mayors Lead the Way on Cracking Down on Occupy Movement

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On Wednesday, with little fanfare or controversy, Occupy Davis left Central Park, having decided on Monday that there were other ways to more effectively protest.

“I think we’ve made a significant statement with the time we’ve been here already,” Skyler Blakeslee told the Davis Enterprise on Wednesday. “Also, it’s cold and it’s wintry and it may be a good time to hibernate.”

Commentary: Council Makes Right Move For Davis

woodland-dcc-3.jpgThe compromise that was crafted on the dais was the right move for Davis.  The city could not move forward with the project as the rates were currently structured.

Everyone acknowledged that critical mistakes were made in this process.  While the leaders of Woodland came down to admonish the council to stick with their agreement, the leaders of Davis realized that they could not do so – not right now, not as the rate hikes are currently structured and not without a rate study.

Commentary: Woodland’s Ill-Advised Pressure on Davis Backfires

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When Supervisor Matt Rexroad received letters against the radio tower that may be placed at the Yolo County Landfill, he was quick to highlight a letter that he thought was a bit odd, and in addition to quoting it, he derisively stated, “You don’t see stuff like this in Woodland.”

Mr. Rexroad has often fanned the flames of the Woodland hatred for Davis.  And yet there he was, along with all five members of the Woodland City Council, lobbying the Davis City Council, pressuring them to stick with a water supply deal that a sizable number of Davis citizens felt strongly enough about that they not only sent in 4800 protests in September, but 3800 of them signed a petition to put it on the referendum.

Council Repeals Water Rate Hike; Will Put it To Vote in June

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In the end, compromise won out.  Rochelle Swanson and Dan Wolk got the repeal of the water ordinance and the rest of the September 6 motion that had been passed by council.  Joe Krovoza got the public vote in June that he desperately wanted.  The only question now is whether the public will get the specific rates that would be required for them to make a real decision on the water project.

It was a 4-1 vote that prevailed.  Sue Greenwald would have supported the original motion to simply repeal the water rates. While she argued that surface water is in our future, she said this is an expensive solution and she still believes we can meet our regulatory requirements in less expensive ways.

D-Day on Water For City Council

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It is three months to the day that the council made the decision to ignore 4800 protests on the water rate hikes, to reject a proposed compromise by Councilmember Dan Wolk and to instead go forward with 14% rate hikes, that really were not 14%, without even having a rate study to determine appropriate rates and their impacts on the community.

If that sounds like a loaded opening paragraph, that is, in fact, precisely the point.  In the three months since the council passed the water rate hikes, the scene has become more divided and contentious.