Month: April 2013

Advocates Warn of Increasing Numbers of Problems in the Yolo County Family Court System

family-law-courtsThis Weekend’s Child Sexual Abuse Conference in Davis Focuses on Courts Endangering Children’s Safety – Over the course of the last several years, the Vanguard has received a number of complaints about the Yolo County Family Court system, where the complainants allege that local judges have put young children into homes of known sex offenders or otherwise have endangered their welfare.

According to these complaints, the Yolo County Family Court does not consistently ensure the physical and sexual safety of children in custody, nor make good visitation decisions.

Commentary: Laying Out Additional Concerns in the Ganthner Child Abuse Case

Yolo-Count-Court-Room-600By Antoinnette Borbon

A few weeks ago, I did a commentary disagreeing with the jury findings in the trial of John Timothy Ganthner.    I would like to apologize for taking so long to get back to the readers.

Since a little bit of time has passed, it may be far better to answer your questions within a commentary, to refresh the minds of my readers.     I will attempt to answer your questions in an order you may understand.

Why Mess with Miranda in the Boston Marathon Bombing Case?

SupremeCourtA look at the Public Safety Exception to Miranda – It was a long and traumatic week for the country last week – a week that began with the tragic bombings and ended with the dramatic capture of 19-year-old Dzhokhar Tsarnaev.  Once captured, alive but badly injured, the question turned to how to prosecute the US citizen.

Quickly throwing gasoline on the already burning fire was South Carolina Republican Senator Lindsey Graham, who tweeted on Friday night that the alleged bomber should be denied his Miranda rights.

Garamendi Pushes for High Tech and Clean Energy Economic Developments, Gives City of Davis a Push

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Representative John Garamendi last week reintroduced his Make It In America: Create Clean Energy Manufacturing Jobs in America Act, H.R. 1524.  The legislation would require that clean energy goods and equipment used in projects purchased or paid for by federal taxpayer dollars contain 85 percent American-made content.

The legislation represents another major proposal that invests in high tech and clean energy technology, to boost the economy while helping the environment.  The bill sets a three-year phase-in schedule for the policy, with American content requirements set at 50 percent in the first fiscal year after enactment, and 60 percent in the second.

VANGUARD COURT WATCH: Mings Back in Court Awaiting Next Week’s Murder Trial

murderby Alexandra Rose

On the morning of Monday April 22, 2013, under Judge Timothy L. Fall in Department 2 of the Yolo County Superior Court, the case of James Mings was called for the last time before next week’s jury trial.

James Mings pled “not guilty” to murdering Davis resident Kevin Gerard Seery, a 42-year-old man suffering from pancreatitis and several other illnesses.  Mr. Mings claimed that Mr. Seery had wanted to die and asked Mr. Mings to kill him.

Police Still Seeking a Suspect in the Stabbing Death of Two Davis Residents

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It has been a week since the community learned of the brutal stabbing deaths of 87-year-old former defense attorney Oliver Northup and his wife Claudia Maupin, 76, in South Davis, and authorities say that while they are getting help from the state and the federal government investigators, they have few new leads in the case.

“Nothing new really [to report],” Davis Police Lt. Paul Doroshov told the Vanguard on Sunday.  “We’re doing it with the assistance of agencies, like the FBI has been a huge help to us.  The California Department of Justice has been a big help.”

Eye on the Courts: Neighborhood Court Program is a Step in the Right Direction

restorative-justiceYou will not find many more critical of this District Attorney’s office than this site.  However, we believe that the District Attorney’s office deserves real credit for taking a program that has worked successfully in San Francisco, adding true restorative justice components to it, and then planning to implement it in the city of Davis, for starters, as a pilot program.

“Rather than charging a case for prosecution, the District Attorney’s Office will refer certain misdemeanors and infractions to Neighborhood Court,” the DA explained in a press release.  “In Neighborhood Court, a panel of trained volunteers from the community hears the case.  All hearings are confidential, and participation by the offender is completely voluntary.”

Commentary: Lessons That Need to Be Learned For Our Schools To Move Forward

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On Thursday night the school district made the formal decision to pull back on the idea of reconfiguration – moving the ninth grade to Davis High School – and instead embarked on a broader concept of a consultant-driven strategic plan that would guide overall academic planning for the next years.

This would go well beyond reconfiguration, a notion that was floated in January that became a lightning rod of panic for many in the school system.

Sunday Commentary: Picnic Day Has Earned Its Stay

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It will be some time before we get the official police statistics from Picnic Day this year, but I think I can save people the trouble.  The record will show that people were ticketed for drinking too much.  Some disturbed the peace.  I saw a case of resisting arrest, and I saw the aftermath of a fight where a man got his face possibly slashed in front of his young daughter.

But, for the most part, things were calm.  People were out there having fun, whether it was on campus, near campus or in the downtown.  Some people told me it was an out-of-town group in the downtown.  But from what I could see on the ground for nearly 11 hours, there weren’t a lot of problems.

County Clerk Responds to Charges of Election Bias

ballot-mailLast week we reported on the allegation by John Munn, the listed plaintiff in the lawsuit against the city’s water process, who wrote an op-ed a week ago arguing that “the election outcome was influenced by Yolo County Elections Office mailing procedures.”

Mr. Munn’s central point was “The biggest advantage of the Yes on I campaign turned out to be the County Elections Office mailing process that delivered voter guides containing the pro and con arguments a week or more after the ballots. As a result, the Measure I election was neither fair nor unbiased.”

My View: Guns Don’t Make Us Safer

gun-controlThis week, lost in the furor over the Boston Marathon Bombings and the captivating manhunt on Thursday night and Friday, was the fact that Senators caved on simple legislation that nearly 90 percent of the population, including many members of the NRA, support: background checks.

While Senators gave way to cowardice, the city of Davis was torn asunder by a gruesome double-murder of respected citizens.  While police seem to have few leads at this time, from the facts that exist, a reasonable theory was that this was a burglary that went bad, that the burglar or burglars broke into the Cowell Blvd residence and were surprised to find the occupants at home, and the burglar then brutally stabbed the occupants.

Texas Prosecutor Arrested and Faces Criminal Charges for Concealing Evidence of Morton’s Innocence

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A turning point has perhaps been reached in terms of the handling of prosecutorial misconduct.  It was 2011 when the US Supreme Court overturned a multimillion dollar civil verdict for John Thompson, who spent years in prison as New Orleans prosecutors not only withheld evidence, but destroyed it.

As the New York Times noted at the time, the ruling protects prosecutors, giving them “nearly absolute immunity over civil suits.”

Follow Up Commentary: Davis Fire Calls for Service

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On Friday the Vanguard covered a story developing in Los Angeles where the fire chief has made the controversial proposal of transferring firefighters to work on ambulances, given the changing needs of the fire station.

This week, Los Angeles’ fire chief, Brian Cummings, rocked the world with the announcement that he is planning to “reassign dozens of firefighters from engines to rescue ambulances beginning next month to handle an increase in medical emergencies,” according to a report in the Los Angeles Times.

City Should Give LA Plan to Reassign Firefighters to Ambulances a Hard Look

firefighters-friends-ofThe Davis firefighters’ union, in a recent video, touts the fact that they get 4500 calls for service in a given year.  What they fail to differentiate is how many of those calls for service are fire versus medical.  The reality is that, from almost all municipalities, firefighters these days primarily deliver paramedic rather than firefighting services.

Amid the calls for reform in the wake of the city’s ongoing budget crisis has been a call to re-examine whether bringing a fire engine, fully loaded with firefighting equipment with four firefighters, is the most efficient, the most cost-effective, or the best practice for public safety.

JPA Takes Additional Steps to Reduce Cost of Water Project

water-rate-iconDuring the long and protracted debate over the surface water project, one of the chief concerns of most – regardless of which side of the issue they found themselves on – was the cost of the water project and the impact on water rates.

While Measure I passed by a 54-46 margin in early March, the Woodland-Davis Clean Water Agency has continued its efforts, post-election, to reduce costs overall to the project, with the hope that it will reduce the need for water rate increases.

Day Update #8 – Davis/Yolo Team Cap-to-Cap Trip – The Team Comes Home

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By Councilmember Rochelle Swanson

April 18, 2012 (Davis, CA) – I am writing this recap one day later than I wanted to because yesterday was such a long day.  Wednesday was absolutely dual-purpose, with appointments in the morning and then travel back home for the majority of us.  Details about appointments that I attended are below, but let me start by saying that due to weather and higher security concerns, travel back to Davis was extremely difficult.  Many of us were completely rerouted and spent many additional hours in airports across the country, arriving at Sacramento International Airport in the very wee hours of the morning.  Some even got delayed overnight and came in this morning! I personally spent numerous hours in Dallas waiting on my connection flight and landed at about 3 am this morning. All said, it was a hard travel day!

Now for the meetings that we had yesterday (Wednesday) morning.  These were extremely positive meetings, really capping off the whole effort.

VANGUARD COURT WATCH: Not Guilty Verdict in Davis Vandalism Case

Yolo-Count-Court-Room-600By Catherine Woodward

Zechariah Simpson’s jury trial began on Wednesday, April 17, Mr. Simpson, represented by Deputy Public Defender Emily Fisher, is charged with a misdemeanor for allegedly vandalizing the men’s restroom of G Street WunderBar on March 18, 2012. The damages totaled less than $400. Mr. Simpson had been visiting Davis for the first time on St. Patrick’s Day to watch his brother’s band play at the G Street WunderBar.

In his opening argument, Deputy District Attorney Kyle Hasapes emphasized that, since the incident, Mr. Simpson has refused to take responsibility for his actions and must be held accountable. Ms. Fisher argued that her client is innocent and has been wrongly accused of vandalism.

City Renews Safety Enhancement Zone for Picnic Day Amid Debate of Its Effectiveness

Safety-zone-2013“In an effort to change the culture of Picnic Day, city and university officials, along with both police departments and community members have been working  to prepare for the April 20, 2013 Picnic Day,” a press release from the Davis Police Department reads.  The city council has renewed the “Safety Enhancement Zone” for the downtown core area for Picnic Day 2013.

Passed unanimously by council on February 26, “The Safety Enhancement Zone ordinance allows the City Council, through a proclamation, to declare a specified geographical area as a safety zone during a designated time frame. This declaration then doubles the base fine for specified city ordinance violations committed within the declared Safety Enhancement Zone.”

School Board to Hear Presentation and Discussion on Reconfiguration

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At tonight’s DJUSD School Board meeting, the board for the first time will receive the staff report on its reconfiguration findings.  As the staff report notes, the discussion is not intended to make a final determination as to whether DJUSD will or should move forward with reconfiguration.

Rather, “It is intended as a preliminary analysis of potential reconfiguration models that staff has reviewed. No final recommendations or decisions for future reconfiguration are proposed in this staff report.”

Central Park Five Vividly Illustrates Anatomy of Wrong Convictions

centralpark5_0Hopefully you caught PBS’s Tuesday night broadcast of the Central Park Five – if not, I highly recommend it.  Ken Burns remains among the finest contemporary documentarians, presenting the story of five teenagers in late 1980s New York who were railroaded into providing false confessions and ultimately wrongfully convicted of committing one of the most horrific non-murders one can imagine.

Ken Burns did a masterful job of setting the scene, as author Eisa Nefertari Ulen, writing in the Washington Post on Tuesday, notes, “New York was just emerging from the near-bankruptcy of the 1970s and entering a period of lavish conspicuous consumption that was fueled by Wall Street in the 1980s. Black culture was just emerging from the empowerment of the Black Power Movement of the 1970s and entering a period of disenfranchisement that was fueled by the Crack Era of the 1980s.”