Month: June 2013

Sunday Commentary: We Have Failed to Protect Our Most Vulnerable in FamiliesFirst Fiasco

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Last week, upon hearing about the gang rape of an 11-year-old and the other myriad of problems at the local facility – we called for heads to roll.  The California Department of Social Services has not disappointed.

In a remarkable complaint filed against the facility, they called for the FamiliesFirst facility in Davis to be shut down and they have effectively sought to ban the Clinical Director Audrie Meyer and Regional Executive Director Gordon Hamilton from working in this sector ever again.

Dan Wolk Officially Announces for Assembly

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In one of the worst-kept secrets in local politics, Mayor Pro Tem Dan Wolk, just under one year into his official term, and about 27 months into his overall tenure on the city council, announced his decision to run to succeed Assemblymember Mariko Yamada.

The announcement took place at Willet Elementary School, where Mr. Wolk attended as a student and where he was joined by his family and approximately 100 supporters at the end.

My View: Granda’s Gloating, Claiming Victory, Probably Premature

lawsuitBorikas Decision Based on Specifities in Alameda Law, Did Not Result in Measure H Being Thrown Out in Its Entirety – Jose Granda is a frequent critic of the Davis Joint Unified School Board and their efforts to pass parcel tax measures as a means to bridge funding gaps from the state.  Following the passage of Measure E by the voters of Davis by a nearly 70% vote, Mr. Granda, along with several co-conspirators, challenged the legality on the basis that the district exceeded their authority by charging homeowners and commercial property owners at different rates.

A recent decision by the California Supreme Court not to review a Court of Appeal decision that invalidated the creation of different classifications of taxpayers in that district’s parcel tax has led Mr. Granda to send out a press release, essentially declaring victory and arguing that “Davis Measure E effectively struck down by Supreme Court decision.”

Vanguard Commentary and Analysis: Jury Finds Wolfington Guilty of Second Degree Murder, Acquits Silva

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On Friday afternoon, following nearly three full days of deliberation on the two-and-a-half week, co-defendant murder trial, the jury delivered a split verdict – delivering a guilty verdict for Billy Wolfington of second degree murder  without the gang enhancement but acquitting co-defendant Shannon Silva.

The verdict can only been seen as a blow to the prosecution, who initially contemplated the death penalty, before seeking first degree murder charges on both defendants stemming from the September 2, 2011, stabbing death of 29-year-old Bobby Brittenum.

State Agency Blasts Families First, Recommends Closing Facility

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In a scathing report, the California Department of Social Services (CDSS) completed its investigation of FamiliesFirst, a group home that is located on Fifth Street in Davis, in the wake of reports of a sexual assault and rape of an 11-year-old by residents at the facility who are 13 and 14 years old.

In a statement from Michael Weston, Deputy Director of Public Affairs and Outreach Programs at CDSS, “The children accused of sexual assaults and other abuse have been removed from the facility and additional staff put in place to ensure the appropriate levels of care, safety and supervision is being provided for the children who reside there. The Department is also conducting daily monitoring of the facility.”

Commentary: Mistakes Were Made…

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Despite the number of issues facing the Davis community, the sheer volume of comments on recent articles indicates that land use issues still dominate the political scene – diminished only by the decreased number of true land use issues, as for a period, at least, the issue of peripheral growth was settled.

A few weeks ago it became clear that Davis’ goal for economic development was going to run smack into Davis’ goals for protection of agricultural land and open space.  Still, I think most of us were caught off guard that the issue came up this week and was planted in a consent agenda item.

Scarcity vs. Abundance

Open_Spaceby Rob White

Since arriving in Davis, I am often asked about my plans… what will be the focus of my job… what do I want to accomplish.

I’ve been thinking long and hard about those questions each and every day. And I have been approaching the questions within a framework that is based on the concept of abundance. The idea that we can all have some (or maybe even most) of what we want in life.  The idea that if we stop thinking about how to increase just our slice of pie, but instead work together by bringing each of our talents to the table and having a civil and honest dialogue, we can build a pie factory and each of us can have many choices of pie.  Because we are working together as a community. Because we are all covering each other’s shortcomings and working to amplify our best abilities.

Vanguard Analysis: Why Fluoride Issue is Likely to Lose Again in Davis

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As we have previously reported, the issue of fluoride in the Davis water supply is not a new issue.  At the very least, it appears to have come up at least four times previously – in 1960, 1964 (twice), 1971, and 1991.

Only in April of 1964 did the fluoride issue appear to win and, as John Lofland, professor emeritus from UC Davis and a local historian wrote earlier this week, even that victory was short-lived.

Innocence Project Founders Wary of Court DNA Decision

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In the wake of last week’s landmark decision by the Supreme Court on DNA databases that could allow police to take DNA samples from people arrested for possibly committing “serious” crimes, many justified the ruling as a way to protect the innocent and catch the guilty.

However, Justice Antonin Scalia and three of the court’s liberal justices disagreed.  In a scathing dissent, Justice Scalia argued “solving crime is a noble objective but less important than protecting people from suspicionless searches.  Your DNA can be taken if you are ever arrested, rightly or wrongly, for whatever reason.”

Council Pulls Back From Mace Curve Land Swap in the Face of Overwhelming Public Criticism About Process

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Councilmember Brett Lee may have epitomized the dilemma facing council on Tuesday night, evaluating a reasonable proposal to swap one piece of land in a conservation easement for another against the backdrop of a public process that quite simply failed to meet even the most basic standards of transparency and open government.

“I met with Capitol Corridor Ventures last week about the proposal and it seemed quite reasonable,” Councilmember Lee said.  Noting that we brought in a highly-regarded Chief Innovation Officer, “It does seem like we do have the possibility to develop kind of a robust job creation area – something that the people of Davis could be proud of.”

Wolfington-Silva Trial Draws to a Conclusion with a Day of Close Arguments

Wolfington-MugBy David M. Greenwald and Antoinnette Borbon

Deputy District Attorney Ryan Couzens summarized his case against Billy Wolfington and Shannon Silva, arguing that victim Bobby Brittenum said something that was arguably threatening, but more simply offensive, and Billy Wolfington stabbed him to death.  He argued that the motive was a perceived lack of respect on the part of Mr. Brittenum.

In DDA Ryan Couzens’ closing, he talked more about all of the laws and instructions of those laws than of the actual stabbing itself. But he wanted to make sure the jurors truly understood how they are to view the law and make the decision of guilty or not guilty.

Council Calls Special Meeting Tonight to Address Mace Curve Property

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An email sent out over the weekend from Greg House, a local citizen and organic farmer, triggered a fire storm of debate and criticism over a proposal by the city to decline an NRCS grant.

Moving forward with the NRCS (Natural Resources Conservation Service) grant “would permit the Yolo Land Trust to secure agricultural conservation easements on the First Bank of NW Arkansas Property.”

Wolfington Takes the Stand

Wolfington-Mugby Antoinnette Borbon

After finishing up testimony with gang expert Mark Harrison, the defense called defendant Billy Wolfington to the stand. Wolfington, along with co-defendant Shannon Silva, have been charged with the stabbing death of Bobby Brittenum, who was found at the Flamingo Motel in West Sacramento on the night of September 2, 2011.

Mr. Wolfington started out by telling a story which began from the time he was in his mother’s womb. He told the jurors that his mother did not want him but ended up having him only to give him up to another couple. I missed who they were. He stated the couple took him home to their home in the Broderick area. Mr. Wolfington stated both parents were heroin addicts, so he had been exposed to drugs his whole young life. At the age of 3, Mr. Wolfington first witnessed his father, who was not his biological father, get arrested for possession. Mr. Wolfington, choking up during testimony, talked about how it affected him.

ACLU Seeks Secret Court Opinions Authorizing NSA’s Mass Acquisition of Americans’ Phone Records

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By Patrick C. Toomey

The ACLU and Yale Law School’s Media Freedom and Information Clinic filed a motion today with the Foreign Intelligence Surveillance Court (FISC), seeking the release of secret court opinions that permit the government to acquire Americans’ phone records en masse. The public has a right to know the legal justification for the government’s sweeping surveillance-but, until now, those judicial opinions have remained a heavily guarded secret.

The ACLU filed its motion on the heels of last week’s disclosure of an order, issued under Section 215 of the Patriot Act, compelling a Verizon subsidiary to turn over call details for every domestic and international phone call placed on its network during a three-month period. Since then, media reports and statements by members of the congressional intelligence committees have made clear that this order belongs to a much larger surveillance program-covering all the major telephone companies-that has been in existence for the past seven years.

Is City Set to Renege on Agreement to Preserve Farmland?

Open_SpaceOver the past several years, the city of Davis has been spending millions through Measure O funds and other Roadway Impact Fees to purchase farmland around Davis with the express purpose of putting that land into a permanent agricultural conservation easement.  Such a status protects the farmland and is said to permanently set that land aside as agricultural land, preventing future urban development.

However, the Vanguard received a communication this weekend from Greg House, a local citizen and organic farmer.

Eye on the Courts: Conservative Makes His Case For Prison Reform

prison-reformIt was a remarkable op-ed column in the Sunday New York Times where Richard Viguerie, chair of ConservativeHQ.com, made the conservative case for prison reform arguing: “Conservatives should recognize that the entire criminal justice system is another government spending program fraught with the issues that plague all government programs.”

He continues: “Criminal justice should be subject to the same level of skepticism and scrutiny that we apply to any other government program.”

Defense Opens Case in Wolfington, Silva Murder Trial

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by Antoinnette Borbon

After finishing the testimony in the state’s case in the murder trial of Billy Wolfington and Shannon Silva, who are being charged with stabbing to death a West Sacramento man, the defense began its opening statement.

Ron Johnson, Deputy Public Defender for Billy Wolfington, told a story of a man who had been addicted to meth but was trying to quit. He told jurors Wolfington had one last slip up with drugs. He gave into his addiction after being clean since he was out of prison in May of 2011. Johnson explained that Wolfington set out to find drugs.

Sunday Commentary: Court Decision on DNA Opens the Door Much as FISA Did 35 Years Ago

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This week, two seemingly unrelated stories have continued on a national level.  One is a controversial 5-4 decision by the US Supreme Court, and the other is the still-burgeoning “scandal” which shows the Executive Branch, the NSA (National Security Agency), the FBI, and other agencies broadly and vastly increasing their surveillance on private citizens.

As Nothern California ACLU Staff Attorney Michael Risher wrote this week, “The Supreme Court’s 5-4 decision upholding Maryland’s arrestee DNA testing law is a serious blow to genetic privacy. The ruling allows the police to seize the DNA of innocent Americans who have never been convicted of any sort of crime, without a search warrant.”