Month: March 2013

Commentary: It’s Always About Public Safety, Right?

Commentary: It’s Always About Public Safety, Right?

By David GreenwaldMarch 25, 20136 comments
OvertimeFrom the City of Milpitas comes the story of the Milpitas Fire Department which will now lose jobs after the union rejected the staff-ratio proposal.

“A plan to avert four firefighters’ layoffs by dipping into city reserves to cover overtime costs within Milpitas Fire Department was rejected on Monday by the Milpitas International Association of Firefighters Local 1699,” said a news report from the Milpitas Post re-published in the San Jose Mercury.

Eye on the Courts: The Startling Acknowledgement that Stop-and-Frisk is All About Racial Quotas

Eye on the Courts: The Startling Acknowledgement that Stop-and-Frisk is All About Racial Quotas

By David GreenwaldMarch 25, 201316 comments

stop-and-frisk

For years, critics of the controversial New York stop-and-frisk program have argued that it was about racial profiling, with officers using the tactic on racial minorities in a fishing expedition, hoping to turn up evidence of crimes with no basis for stopping the individual other than the color of their skin.

Advocates filed a federal class action lawsuit against the New York Police Department and the city of New York, contending that the NYPD practice constitutes racial profiling and arguing that stop-and-frisks violate the constitutional rights of individuals against unlawful search and seizure.

Sunday Commentary: Exploiting Council’s Communications Flaws

Sunday Commentary: Exploiting Council’s Communications Flaws

By David GreenwaldMarch 24, 20131 comments

newspapers-and-glasses

At City Council’s retreat last August, the council directed staff to increase public communication outreach and formalize protocol on legislative matters.  This week, the council will begin the task of evaluating the city’s communications actions to date – an effort that is long overdue.

The Staff Report states, “Staff is developing a communication strategy to efficiently and effectively manage public outreach. The City Manager established a Communication Officer to oversee and coordinate the city’s public outreach activities, including media relations, with the goal of providing accurate and timely [and consistent] information to a wide array of stake holders and to increase civic participation.” [NOTE: The Vanguard believes the two words added in the brackets are necessary and important additions to this strategy]

Vanguard Analysis of Ajay Dev’s Appeal, Part I

Vanguard Analysis of Ajay Dev’s Appeal, Part I

By David GreenwaldMarch 24, 201341 comments

Dev-2012-1

Three years after the conviction of Ajay Dev for the multiple counts of rape of his adoptive daughter and his sentence of 378 years to state prison, he and his attorney have filed their appeal.

Their appeal attacks both the facts of the case as well as the legal rulings used by Yolo County Judge Timothy Fall that the defense claims denied Ajay Dev of his right to a fair trial.  This includes most notably the inclusion of the alleged victim’s interpretation of a 50-minute pretext call that meandered between English and Nepalese, the judge’s failure to properly instruct the jury on the law, and the judge’s refusal to allow potentially exculpatory evidence.

Commentary: Should the Beating Change your View of Davis?

Commentary: Should the Beating Change your View of Davis?

By David GreenwaldMarch 24, 201330 comments
vigil-partidaI do not often pay much attention to the “What do you think?” section of the local paper.  In fact, I do not believe I have ever written a column on it.  But the one today, asking about the hate crime beating, caught my attention.

In fairness, the question was not framed as well as it could be: “Did the recent hate crime beating change your opinion of Davis?”  The problem with it is that you could think that this type of thing always occurs and it would just reinforce your view of Davis, and you could think this is an outlier and therefore discount it as having any meaning.

My View: Hate Crime Attack Shines Light on Broken Bail System

My View: Hate Crime Attack Shines Light on Broken Bail System

By David GreenwaldMarch 23, 201340 comments
vigil-partidaWhen the public discovered that Clayton Garzon, who allegedly badly beat Mikey Partida just six months after being charged with assault with a deadly weapon for actions in the early morning hours of September 11, 2012 in Dixon, had been free after posting bail, the public was outraged.

A $75,000 bail to Mr. Garzon’s family was nothing.  He was free in a matter of hours, his family reportedly posting the bail in cash.  The public, already angered at the brutal beating that seemed to be motivated by animus for the victim’s sexual orientation, was outraged.

National View: Bradley Manning and The Whistleblower Dilemma

National View: Bradley Manning and The Whistleblower Dilemma

By David GreenwaldMarch 23, 201323 comments
top-secretWithout whistleblowers, it is hard to imagine a democracy with full governmental accountability to the people could survive.  Printed in the New York Times last week by Floyd Abrams and Yochai Benkler comes a chilling analysis of the Bradley Manning case.

Mr. Abrams was the attorney who represented the New York Times in the Pentagon Papers case.  In that case, Daniel Ellsberg leaked classified documents to the newspaper that were ultimately published, after the government took the case to the Supreme Court in an effort to impose prior restraint.

Planning Commission to Review Draft EIR For Cannery Project

Planning Commission to Review Draft EIR For Cannery Project

By David GreenwaldMarch 22, 201311 comments

Cannery-Park-Land-Plan-Feb-2013Project-Specific and Cumulative Impacts to Air Quality, Fire Safety, Noise and Traffic Were Found To Be Significant and Unavoidable

The Cannery project proposal has been slowly moving through the planning stages.  Last month, the Draft Environmental Impact Report (Draft EIR or DEIR) was released for public review and comment.  The comment period will end on April 12.

Next week, at the City of Davis Planning Commission meeting, commissioners will hear a presentation on the Draft EIR and receive comment.

DA Seeks Higher Bail in Davis Hate Crime

DA Seeks Higher Bail in Davis Hate Crime

By David GreenwaldMarch 22, 201314 comments
vigil-partidaWhen Davis Police arrested 19-year-old Davis resident Clayton Garzon last Thursday, he was arrested and booked in the Yolo County Jail, charged with assault causing great bodily injury; committing a hate crime; assault with a deadly weapon; stalking; committing a felony while on release from custody; and inflicting great bodily injury during the commission of a felony.

Despite the charges, and the looming assault with a deadly weapons charges stemming from the September 11 stabbings in Dixon, in Solano County, Mr. Garzon received a $75,000 bail and his family reportedly immediately posted bail, in cash.

VANGUARD COURT WATCH: Davis Man Convicted of Stealing Top Shelf Whiskey

VANGUARD COURT WATCH: Davis Man Convicted of Stealing Top Shelf Whiskey

By Vanguard Court Watch InternsMarch 22, 20138 comments

Yolo-Count-Court-Room-600by Vanguard Court Watch Interns

Glynn Trial 1st Day Testimony

The trial of Michael Glynn began on Thursday, March 14. He was arrested on December 9, 2012 for stealing an $83 bottle of whiskey from a Davis grocery store. He was seen on two dates in November on the store’s surveillance video, taking the same whiskey with no evidence of purchase.

Deputy District Attorney Sulaiman Tokhi opened the People’s case, stressing that Glynn has three prior prison terms. Deputy Public Defender Richard Van Zandt reminded the jury that prior convictions cannot be used to find guilt in this case.

Davis Downtown Urges Support For STEAC Facilities Upgrade

Davis Downtown Urges Support For STEAC Facilities Upgrade

By David GreenwaldMarch 21, 201313 comments
STEAC-1On Monday, the Vanguard noted concerns of the Old North Davis Neighborhood Association (ONDNA) about the proposed construction of a new modular building that would be installed on a downtown site, with the parcels being merged into a single lot. The current configuration has a garage structure on the site that is used as a clothing closet, and a manufactured building that has been on the site for over twenty years, which serves as the food closet.

STEAC (Short Term Emergency Aid Committee) provides immediate short-term assistance with basic necessities to Yolo County families and individuals whose income falls below the poverty level.  That assistance may include help with rent, utilities, furniture, clothing, food and other basic necessities.

Fact Checking Firefighter Claims

Fact Checking Firefighter Claims

By David GreenwaldMarch 21, 20137 comments
OvertimeOn Tuesday, the Vanguard responded to a letter to the editor that argued against former Interim Chief Scott Kenley’s recommendation to reduce the on-duty fire personnel from 12 to 11.

In response to that article, one poster, likely a former firefighter argued, “Read it here on your blog, firefighters give back money over a 3 year period, adding up to $850,000.00 dollars, I see no mention of this in your blog today, all I see is your usual Vendetta talking of the firefighters.”

Officer in Tasering Case Involved in Possible Excessive Force Following Incident at the Grad

Officer in Tasering Case Involved in Possible Excessive Force Following Incident at the Grad

By David GreenwaldMarch 21, 20130 comments
police_tapeLast week, Yolo County Superior Court Judge Samuel McAdam granted a Pitchess motion for former Davis Police Officer Lee Benson, in a case stemming from a barfight and resisting arrest charges against Jason McComic.

A Pitchess motion is a request for information contained in a police officer’s personnel file.  The motion is typically raised when defense attorneys have reason to believe that their client was the victim of police misconduct.

VANGUARD COURT WATCH: Sexual Abuse Case Fills a Court Room

VANGUARD COURT WATCH: Sexual Abuse Case Fills a Court Room

By David GreenwaldMarch 21, 20134 comments

Yolo-Count-Court-Room-600by Alexandra Rose

On the morning of Monday March 18, 2013, in Department 2 of the Yolo County Superior Court, the sexual abuse case of Julian Marquez was set to start under the Honorable Timothy L. Fall.

Julian Marquez was charged with 10 counts of lewd and lascivious acts with a minor and 1 count of attempting to commit lewd and lascivious acts with a minor.

Genealogy of a Dunning Water Column

Genealogy of a Dunning Water Column

By David GreenwaldMarch 20, 201326 comments
Dunning-personalOn February 13, 2013, Davis Enterprise columnist Bob Dunning unleashed what the No on Measure I campaign considered a bombshell, arguing that the consumption-based fixed rate system produced a wholly disproportionate, ultimately indefensible and unconstitutionally disparate cost.

Mr. Dunning writes, “Although the proponents of our innovative, only-in-Davis water rate structure aren’t eager for this information to get into the public consciousness, the plain fact of the matter is that once the consumption-based fixed rate system is fully functional in 2018, every ccf of water you use in the summer will cost you $7.80 annually, while the same ccf you use in the winter will cost $1.32.”

Commentary: Water Ends Not With a Bang, But a Whisper

Commentary: Water Ends Not With a Bang, But a Whisper

By David GreenwaldMarch 20, 201326 comments
water-rate-iconIf Tuesday night is the final tale on the epic surface water project – a project the Vanguard has been covering since our inception back in 2006 – the ending is anticlimactic.  The steam was clearly taken out of the opposition during the March 5, 2013, vote that gave Measure I a narrow but decisive victory.

Tuesday night’s Prop. 218 hearing, in which the public, mainly the ratepayers, were allowed to register their opposition to proposed rate hikes, constituted merely a murmur of protest.

VANGUARD COURT WATCH: Mings Murder Trial Looks to Resume in Late April

VANGUARD COURT WATCH: Mings Murder Trial Looks to Resume in Late April

By Vanguard Court Watch InternsMarch 20, 201313 comments

murderby Antoinnette Borbon

The day began with a lot of confusion over a mistake made by the court clerk in not notifying both parties about what courtroom defendant James Mings’ arraignment was to take place.

Defense attorney Dan Hutchinson mentioned this case has been before Judge Richardson in Department 1 but somehow ended up in Department 6 today. Neither Dan Hutchinson nor Deputy District Attorney Martha Holzapfel understood why they had not been notified about the change.

Farrington First to Announce Candidacy for 4th Assembly District

Farrington First to Announce Candidacy for 4th Assembly District

By David GreenwaldMarch 19, 20134 comments

Farrington-AnthonyAnthony Farrington, a four-time Lake County Supervisor, announced to the Vanguard that he is running for the Democratic nomination in California’s 4th Assembly District.  The 4th District, which will be open as Mariko Yamada is termed out, encompasses most of Yolo County except West Sacramento, most of Lake and Napa counties, and parts of Colusa, Sonoma and Solano Counties.

Recently, Yolo County Supervisors Don Saylor and Jim Provenza announced that they would not be running for the Assembly seat that has been held for 18 years by Democrats from Davis.  Mayor Joe Krovoza and Mayor Pro Tem Dan Wolk are rumored as possible candidates, in addition to Mr. Farrington.

Don’t Disband the WAC just yet

Don’t Disband the WAC just yet

By David GreenwaldMarch 19, 20136 comments

Swanson-Wolk-Water-Proposal

by Dan Wolk and Rochelle Swanson

At this Tuesday’s City Council meeting staff is recommending that the council disband the Water Advisory Committee (WAC).  They argue that “the work of the Water Advisory Committee has reached a conclusion,” and that the Council should form a broader “Utility Rate Advisory Committee (URAC)” to advise on all utilities – not just water.

As the two Councilmembers who led the community in forming the WAC, we have some concerns about this proposal.  We formed the WAC for two main reasons: (1) to provide independent, expert oversight of the city’s effort to obtain surface water, and (2) to provide a public forum for its discussion.