Month: May 2013

VANGUARD COURT WATCH: Yolo Prosecutor Throws “Beyond a Reasonable Doubt” Under the Bus

scales-of-justice-gavel_4By Charmayne Schmitz

In closing arguments, Deputy District Attorney Brandon Finn told a jury: Beyond A Reasonable Doubt “is a term us lawyers come up with.”  This is the second trial where I’ve witnessed a Yolo prosecutor take liberties with the basis for a criminal conviction in our country’s judicial system.

Finn’s statement was at the tail end of a contentious 2-day trial. Pablo Campos was accused of driving with a suspended license after a traffic stop on March 30, 2012. Deputy Seja testified about pulling the vehicle over on I-5 to check for an expired registration. Mr. Campos was found to be the driver. The deputy issued a ticket for the expired license and the defendant signed it.

Former Fire Chief Sues to Block Release of Fire Report Critical of Her Conduct

Conroy-Weist-665It was just last year that the city of Davis released a less-redacted version of Bob Aaronson’s investigative report into the fire department, that followed a 2008 Grand Jury report with findings that included a hostile work environment and retaliation against dissenters within the department.

Following the Grand Jury’s report, the city commissioned then-police ombudsman (now Police Auditor) Bob Aaronson to conduct an investigation.  In December of 2008, the city council majority of Mayor Ruth Asmundson, Mayor Pro Tem Don Saylor and Councilmember Stephen Souza voted 3-2 not only to keep the report from the public, but not to read it themselves.

Commentary: Council Continues to Clean Out the Closet

Roads-May-2013-02

Council Makes the Tough Call But This is a Bittersweet Day At Best – It was not quite as dramatic as the scene three weeks ago when the Davis City Council voted in a contested 3-2 vote to reduce fire staffing – an issue we have been touting for five years now.  Instead, it was a 5-0 vote with little fanfare, relatively late in the evening but not absurdly so, and that fixed a vexing problem we have been covering since February of 2009 – roads.

Those who do not want to read about the past, avert your eyes, because we need to ask this critical question – what if the council had acted with the vigor and resolve we saw from this council on Tuesday night in dealing with the pavement issue head on back in 2009, when Bob Clarke first sounded the alarm on the issue – back when it was believed we could deal with the problem by pumping in a mere few million per year?

Where Will All the Business Go?

Cannery-Parkby Rob White

A less obvious portion of the Davis community has a need.  The small business community doesn’t have access to the necessary space for growth. Some of these businesses came from good ideas at the university and they are now growing so fast that they cannot find places that will accommodate their growing space needs. Some are restaurateurs looking for places to put new dining concepts.  Some are service businesses that will change the way we use our smartphones and the web.  And some are collectives looking to host inventor communities that become centers for new business startups.

Let me give you some examples to illustrate.

Will DA Re-file in Mings Case After Jury Hangs on Premeditation Issue?

murderby Antoinnette Borbon

Wednesday was a short hearing for James Elron Mings in Judge Timothy Fall’s courtroom. James Mings, who was recently convicted of attempted murder, was back in court to hear whether or not Deputy District Attorney Martha Holzapfel will refile on the “pre-meditated” special findings, part of the case. Although the jurors could agree on attempted murder, they hung on the special findings part of the verdict.

James Elron Mings was arrested on October 1 of 2011 for the murder of his friend, Kevin Seery. Upon the viewing of the deceased by several law enforcement personnel and the coroner’s office, the death appeared suspicious. On the evening of October 1 they found a sock and other items in the mouth of Seery.

Council Approves Pavement Management Funding Plan

road-failureThe Davis City Council approved unanimously on Tuesday night the funding and budgeting strategy for pavement maintenance, in concept, for the multi-year effort in which a huge amount of money would be spent up front with smaller ongoing payments.

The plan comes with a concession that the city will have to reduce its Pavement Condition Index (PCI) goal normally set at about 70 to 63 on average, with higher scores and better pavement on arterials and main thoroughfares, and lower scores on lesser used residential streets.

Commentary: Garzon’s Defense in Beating Case Illustrates Inequity of Criminal Justice System

Garzon-Clayton

In the end, after a three-day preliminary hearing, Judge David Rosenberg held Clayton Garzon to stand on all charges for his brutal attack on Mikey Partida back in early March.  However, the standard of proof to be held over on charges is fairly low – the probable cause standard.

To gain a conviction in a court of law, one needs proof beyond a reasonable doubt.  And so while it sounds good when attorney Linda Parisi told the court Mr. Garzon had no way of knowing that Mikey Partida was gay, it was not enough to overcome the facts of the case in which witnesses testified they heard Mr. Garzon yelling “faggot” and other epithets as he beat Mr. Partida.

Cost of Labor Impasse Going Up in City Dispute with Fire, DCEA

treetrimmingWhen the city of Davis originally entered into a contract with their professional labor negotiator on December 6, 2011, the contract with Renne Sloan Holtzman Sakai, LLP, authorizes negotiator Tim Yeung to serve as chief labor negotiator  to provide labor negotiation services for the labor negotiations with all the employee groups.  It was originally set at $50,000.

It seemed a small price to pay for a professional negotiator in what figured to be a challenging round of negotiations, as the city would be looking to make major reforms to things like pensions, retiree health care, and cafeteria cash outs.

Vanguard Court Watch: DA Attempts to Take Back Dismissed Charge, Importance of the Right to Counsel

gideonBy David M. Greenwald

On Monday morning, I was covering a routine hearing in the misdemeanor courtroom of Judge Samuel McAdam, when I stumbled on a case of a young woman who was representing herself in a matter involving driving on a suspended license, a misdemeanor, and a speeding ticket, an infraction.

This year we have celebrated the 50th anniversary of Gideon v. Wainwright, the right to counsel, and I have read a number of horror stories from around the country, from a period deprived of the effective right to counsel.  That has not happened in this county, with an effective duel system of public defense, but the case yesterday morning exemplifies why this is important.

Eye on the Courts: When a Simple Apology Might Do

VCW-Davis-May-2013

Eight years ago next month, police responding to a report of a potential hit and run accident in the Safeway parking center in South Davis came to the home of the Buzayans.  The evidence that an actual accident occurred was sketchy, at best.  Nevertheless, when Davis Police Officer Pheng Ly appeared at the Buzayans’ home at nearly 10 pm on a school night to arrest then 16-year-old Halema Buzayan, her father Jamal Buzayan offered to bring her down to the police station in the morning.

Officer Ly refused that offer and proceeded to arrest her, in her night clothes, for a misdemeanor, and bring her down to the police station.  What followed is questionable, at best, for Ms. Buzayan appears to have been questioned by Officer Ly despite her request for counsel.  And to make matters worse, former Officer Gina Anderson appears to have attempted to have tried to use the internal investigation process to question the defendant and get her to acknowledge guilt.

Analysis: Breaking Down Response to Eel Fire

firefighters-friends-ofYesterday, we responded to the op-ed by Glen Byrns, the Davis resident who recounted his story about the garage fire.

“There’s been a lot of talk about reducing staffing levels for the Fire Department. During the discussion, it was often mentioned that Davis doesn’t get a lot of fires, as fire calls apparently amount to 1 percent of the call volume,” Mr. Byrns writes. “Well, here I am, the 1 percent. The 1 percent who always thought of firefighters as a group of people who live down the street from me and are there for other people.”

Letter from Dr. Terri Leonard to WAC on Floridation

fluoride-waterBy Terri Leonard

Editor’s note: The following is an email sent to the WAC by Dr. Leonard regarding an issue that came up at last month’s WAC meeting regarding the fluoridation issue

Dear Members of the Water Advisory Committee,

I am sending this email to present evidence to refute Dr. Lyman’s statement during the April 25, 2013, Water Advisory Committee meeting that declining dental caries rates in European countries that do not fluoridate their water supply can be attributed to fluoride added to the salt and milk supply in those countries.

VANGUARD COURT WATCH: Man Stands Trial for Resisting Arrest, Assault on Police Officer

resisting-arrestby Catherine Woodward

Paul Dufrisne’s jury trial began on the afternoon of Wednesday, May 15, in Department 8. Mr. Dufrisne is charged with resisting arrest, contempt of a court order, and assaulting a police officer. Deputy Public Defender Heather Hopkins represents Mr. Dufrisne, while Deputy District Attorney Kyle Hasapes represents the People.

In his opening statement, Mr. Hasapes stressed that Mr. Dufrisne does not have any respect for authority. He urged the jury to give teeth to restraining orders, which are issued by the court for a specific reason. Mr. Dufrisne violated the terms of the restraining order against him, resisted arrest, and assaulted the police officer who was attempting to detain him. Consequently, Mr. Hasapes urged the jury to find the defendant guilty on all counts.

Racial Profiling Incident Highlight Vanguard Court Watch Council Meeting This Sunday at Davis Library

Vanguard-Court-WatchDate: May 19, 2013
Time: 5:15 to 7:15 PM
Location: 315 E. 14th St. , Davis, CA 95616
Yolo County Library Mary L. Stephens Davis Branch in the Blanchard Room

The public has an opportunity to tell of their experiences with the Yolo County judicial system. These are experiences that normally are not covered in the newspaper. The Council will take public comment and testimony from invited speakers and then deliberate in closed session to determine our course of action.

Sunday Commentary: He Saved the Kings, Now Can He Save the Paupers Too

Kings-MoveI will start with a few huge qualifiers – I am a big Kings fan.  When I arrived in Davis in 1996, the Kings were not much to speak of but I was intrigued by how much people were still into the team.  A few years later, they made the critical trade to get Chris Webber and built a team that was an unlucky rim bounce (which turned into a game winning three) and a refereed thrown game from a possible championship.

I also admired the work that Sacramento Mayor Kevin Johnson did in saving the Kings.  After all, the owners were intent seemingly on moving the team, and only Mayor Johnson’s dogged determination prevented that from happening.

UCD Law Professor Argues GATE Lottery Based on Dubious Legal Advice

gateCurrent district plans include the extension of a GATE Master Plan with the inclusion of a lottery to select among GATE-identified students, until a new plan can be developed.  The name will change to Alternative Instructional Model program.

The question still remains as to how students will be selected into the program.  Carlton Larson, a professor at the UC Davis School of Law, argues, “When the Board of Trustees of the Davis school district voted to implement a lottery for GATE admissions, it relied heavily on the legal advice provided by the board’s counsel, who contended that the current method of GATE selection exposed the district to the risk of a lawsuit. As several board members suggested, the lottery seemed to be the only legally permissible option.”

Commentary: The Other Side of the Story on the Eel Street Fire

firefighters-friends-of

If you thought the fire issue was put to rest with the 3-2 vote a few days ago, you would be incorrect.  In today’s Enterprise, Glen Byrns, a Davis resident, writes in to argue that, while there may be few fire calls, he was one of them.

“There’s been a lot of talk about reducing staffing levels for the Fire Department. During the discussion, it was often mentioned that Davis doesn’t get a lot of fires, as fire calls apparently amount to 1 percent of the call volume,” Mr. Byrns writes. “Well, here I am, the 1 percent. The 1 percent who always thought of firefighters as a group of people who live down the street from me and are there for other people.”

Reality Hammers Home with a 25 Million Dollar Price Tag for Road Maintenance

road-failure

It was only a matter of time as the city found out the bad news back in February, that it would have to spend a huge amount of money on roads if it wished to avoid a prognosis of failed roads within thirty years with a price tag of 444 million dollars.  However, the abstract is still the abstract, and until now we have not seen the specifics of what roads will cost us now.

Staff recommends four components to the roads plan.  First, that the council approve the funding and budget strategy for pavement maintenance, in concept, for the multi-year period.  Second, staff would be directed to proceed with the first year, planning the project, obtaining a design consultant and a public outreach consultant.

My View: Obama’s Record on Civil Liberties Dismal and Disappointing

Surveillance-KeyholeThis week I got into an interesting text exchange from an old friend challenging me on Obama’s less than acceptable record on civil liberties.  The problem that my friend had is that I largely agree with him on the President’s record on civil liberties.  However, I do not see the scandal on Benghazi or even the IRS.

The backdrop of Obama’s presidency is the eight years of the Bush administration, which is probably the worst black stain on America’s liberties since the 1960s, at least.  You have, at best, the questionable use of intelligence to plunge us into a costly, destructive, and needless war in Iraq, the use of torture, indefinite detention, the Patriot Act, wiretapping, and so on.