Court Watch

The case for the plaintiff largely consisted of police officers testifying, at times secondhand, about long ago forgotten cases which required frequent referrals to official reports and excepted hearsay  statements made by suspects, defendants, and alleged gang members.  More on this point shortly.

The defense is now in the process of presenting their case and their goal is to go block-by-block to show Judge Kathleen White that the average resident does not believe there is a public nuisance presented by the alleged Broderick Boys Gang.  Key words, average resident, meaning non-expert. And they believe, meaning that in their experience, they have not firsthand experienced a nuisance from the gang.

On Tuesday’s County Board of Supervisors meeting agenda is a resolution that would authorize the District Attorney’s Office to accept grant funding from the California Department of Insurance for three 2010-11 grants in the amounts of $230,000 from the Workers’ Compensation grant, $38,942 from the Life and Annuity grant and $132,796 from the Automobile Insurance Fraud grant.

There will be no general fund impact, the staff report reads.  According to the report, “These are continuing programs and funding will cover the associated costs.”

I was a young man in 1992, a freshman in college, when the verdict came in on the Rodney King case.  I was not completely surprised, and watching the news coverage of the criminal trial led my gut to tell me there was a chance the police officers might get off, despite what the world saw on video.

The riot that followed was all too predictable, as well.  I remember being glued to my TV for days with my college buddies watching LA burn.  Somewhere in between, a small group of us marched down to the local police station and burned candles.  The police were nice, they sat outside their station and talked to us for an hour.  We were not a threat to them.

The case that began in July finally saw the plaintiffs rest and the defense open their case.  In theory, the plaintiffs have the burden of showing that the Broderick Boys Criminal Street Gang exists, that they operate in West Sacramento in the defined safety zone, that the defendants are members of that gang, and that the gang represents a nuisance to the citizens of West Sacramento.

The defense’s task is clear, and they will be parading witness after witness who will testify to the fact that there is no nuisance and that they have minimal personal awareness of or contact with the gang.

Back in August, a Yolo County Jury hung in the case of Eric Sass, charged with 12 counts of having made inappropriate sexual contact with a minor under the age of 14.  The incidents occurred in 2008 and 2009.  The victim is presently 11 years old. The defendant moved out of the home on June 1, 2009.

In the original trial, enough complicating factors were presented that led two or three of the jurors to vote to acquit, much to dismay of the jury foreman.  In a quick retrial, this time there was no such problem, and the jury convicted quickly on all counts.

When Jesus Arias was convicted of possession of a stolen weapon, a violation of probation and a gang enhancement in mid-August, it seemed a fairly routine case.  A thin prosecution propped up by gang charges, MySpace pictures, and a misconception by the jury of gang laws.

What has developed since then has been anything but routine, as Deputy DA Ryan Couzens has continued to pursue prison time, despite all evidence to the contrary, as Captain Ahab pursued his white whale.  The result was much the same as in the fabled book, as Mr. Couzens ended up not knowing when to take his loss like a professional and simply allow the case to proceed with dignity.

At the previous hearing in the Marco Topete case, DA Jeff Reisig had requested the court appoint an interpreter for the parents of Tony Diaz.  Judge Richardson asked the DA’s Office to submit a motion, even though none of the parties objected to the request on the face of it.  However, from the perspective of Judge Richardson this was a fiscal issue for the county, and he denied it on those grounds.

Wrote DA Reisig in his motion, “Carolina Rios De Diaz and Rafael Diaz Chavez are the parents of Tony Diaz. On June 16, 2008, they became victims in this case when their son was murdered.”

Two weeks ago Judge Paul Richardson denied the motion of Marco Topete, acting as his pro per counsel, a motion to continue the jury trial for an additional six months, until March. The Judge’s rationale was that the burden was on the moving party to prove reason to extend the trial, and that Mr. Topete, acting as his pro per counsel, was unable to show good cause.

However, a funny thing happened after the ruling by Judge Richardson, as the logistics showed that the defendant was exactly right.  And so on Tuesday, Judge Richardson set trial motions to be filed by February 14 with jury selection beginning on March 7.

On October 14, 2010, the Yolo County District Attorney’s Office announced that Claudean Medlock had pled no contest to one felony charge of grand theft from an employer. Medlock is the former Executive Director of the Yolo County Court Appointed Special Advocates (CASA).

She had embezzled more than $46,000 from the non-profit agency and used the money to gamble at casinos.

Good article this morning in the Daily Democrat, pointing out that most of the judges in Yolo County have now been appointed within the past four years.  Of the 10 judges, six have now been appointed by Gov. Arnold Schwarzenegger with the addition of Judge Daniel Maguire in the past week.

Yolo Judicial Watch focuses a large amount of attention on the District Attorney, but it is very clear that problems in this county go well beyond just the DA’s Office.  Yolo County judges have by-and-large been conservative, appointed by Republican Governors, and many are former prosecutors themselves.  Of course, mandatory sentencing laws in this state do not help, nor do juries that often shift the burden of proof.

A behind-the-scenes deal was apparently reached between the Public Defender’s Office and the Yolo County District Attorney’s Office.  The deal, which can be largely viewed as a victory for the defense, made the pruno charge against Jesus Arias go away and puts Mr.Arias on schedule to receive probation rather than prison time for his August convictions of possessing a stolen weapon and violating probation, each with a gang enhancement.

Deputy DA Ryan Couzens had pushed for a deal which would involve prison time in exchange for dropping the pruno charges. Pruno, as explained previously by the Vanguard, is the alcoholic beverage made in prisons from fruits and other ingredients. Deputy Public Defender Dan Hutchinson filed a motion charging the DA with vindictive prosecution.

Two weeks ago we had an article on the problematic nature of expert testimony by the gang expert in the case of Michael Romero.  For the last few weeks we have seen the testimony of the plaintiff’s gang experts in the Gang Injunction Trial. 

First, Joe Villanueva took the stand as an expert.  Detective Villanueva currently works on the City of Fairfield gang unit, but up until the end of 2007 headed the Yolo County Gang Unit.

The Vanguard has previously reported on the DA’s Cash for Convictions Program, and now for the first time we may see an example of such a program at work.  We have covered at length the Michael Artz trial, in which the defendant was accused primarily of forced oral copulation with a younger classmate, but acquitted of that charge.  He was, however, convicted of sexual contact with a minor and having a conversation with that minor about sexual contact.

The Vanguard has now learned that prosecutor Tiffany Susz is designated as the Statutory Rape Grant Prosecutor, and 30% of her salary comes in part from a Vertical Prosecution Block Grant. This supplies the DA’s Office overall with $480,000 and funds portions of four prosecutors including Ms. Susz, and also Ryan Couzens (40%), Robert Gorman (45%) and Robin Johnson (45%). Data from the DA’s grant application illustrates this.

The Gang Injunction Trial continued on Monday with a new expert witness, Jason Winger, taking over after last week’s witness Joe Villanueva. Sgt. Winger now heads up the Community Response Team, a team of officers monitoring crime in the community and ineracting with the community.

One of the questions that continue to plague us as we observe this case is how accurate the evidence may be.  With few exceptions, the prosecution has relied upon the testimony of officers, talking about various criminal incidents.  The problem is that in a criminal trial, the defense is able to cross-examine witnesses and cast doubt on the claims of law enforcement.

A Monday release from the Governor’s Office states, “Governor Schwarzenegger announced today the appointment of Daniel P. Maguire to a judgeship in the Yolo Superior Court.  This appointment fills the vacancy created by the retirement of Judge Thomas E. Warriner.” 

It continues, “Since 2005, Mr. Maguire worked as a deputy legal affairs secretary in the Governor’s Office.  He earned a Juris Doctorate degree from Harvard University Law School after completing his undergraduate work at Stanford University.  He was admitted to The State Bar of California in December, 1997.”

Last week the Vanguard reported that the defense in the Michael Artz trial was moving to disqualify Judge Mock, based on his purported non-disclosure of his relationship to retired Chief Deputy DA Ann Hurd – who was in that position at the time this case was initiated.

According to court filings by Defense Attorney Kathryn Druliner, she was seeking to disqualify Judge Mock based on section 170.1 of the Code of Civil Procedure.

Judge Paul Richardson denied the motion of Marco Topete, acting as his pro per counsel, a motion to continue the jury trial for an additional six months.  In so doing, he argued that the burden for a continuance was on the moving party to extend the trial and that in his motion Mr. Topete had not shown good cause.

Specifically, he failed to provide a timeline of how much time he would need, he failed to identify specific investigations that were needed and the time it would take to complete these investigations, and failed to identify expert witnesses that would be retained and the work they would need to perform in preparation for the trial.

A Yolo County jury found a Sacramento man guilty in the 2009 beating of a West Sacramento man.  On Wednesday, the jury reached a verdict, convicting Michael Romero of attempted murder along with gang enhancements for a 2009 attack that occurred in West Sacramento.

According to the DA’s press release issued on Thursday, “The forty-seven-year-old victim was attacked by Romero and another gang member in the early morning hours of January 21, 2009. A Good Samaritan who was driving by the attack testified that the victim was being savagely beaten on the ground by the two men. He courageously turned his truck around and interrupted the attack. The beating left the victim comatose in the street. As a result of the attack, the victim suffered permanent physical injuries and mental disabilities.”

It has been more than a month since Davis resident Michael Artz was acquitted of the most serious charge he had faced, stemming from a couple incidents that occurred in high school in which he was alleged to have forced a younger classmate to orally copulate him.  A Yolo County jury acquitted him of that charge, but found him guilty of two lesser charges, having sexual contact with a minor and discussing with the minor his intentions to have future sexual contact.

The case was notable, not only for the acquittal, but for the misleading press release sent out by the DA’s Office that seemed to imply his guilt, both of the main charge as well as of charges that were not even filed against him.

When the District Attorney’s Office was able to gain a preliminary gang injunction, it was based in large part upon declarations from West Sacramento Police Officers.  One of the key officers was the former head of the gang unit in West Sacramento, Joe Villanueva, who left the department at the end of 2007 to go to the DA’s Office and now currently works for the City of Fairfield as a Police Officer and Detective for the Gang Unit.

Last week, Detective Villanueva, considered an expert on gangs, testified.  Deputy DA Ryan Couzens created a PowerPoint in which each defendant in the gang injunction case had his own page, and Detective Villanueva offered his “expert” opinion that each of them were gang members and represented a public nuisance to the City of West Sacramento and the residents of the safety zone.