Court Watch

By Catherine McKnight

The further jury trial continued in People v. Ellis on Wednesday morning. The People rested their case and Deputy Public Defender Joseph Gocke presented his evidence and sole witness, Dr. William O’Donohue.

Dr. O’Donohue is a professor at the University of Nevada and has received his PhD in clinical psychology. He is the director of the Victims of Crime Treatment Center in Nevada and is also a member of several other boards and organizations. Judge Stephen Mock allowed Dr. O’Donohue to testify as an expert witness in areas such as childhood memory, human sexuality and childhood development.

by Antoinnette Borbon

James Mings, who was convicted of attempting to kill his terminally ill friend Kevin Seery, will not be having another trial after all.

Deputy District Attorney Martha Holzapfel and Deputy Public Defender Dan Hutchinson reached a stipulated resolution that would avoid a second trial on whether or not Mr. Mings committed his act with premediation, after a jury could not reach a unanimous decision in the first trial.

When James Mings was alleged to have murdered Kevin Seery, Davis had its first murder trial in years.  However, a strange thing happened on the way to that attempted murder conviction – evidence emerged in the trial that Mr. Mings, while intending to kill Mr. Seery and perhaps believing he did kill Mr. Seery, ultimately was not the one who did kill Mr. Seery.

That revelation should have left both the police and district attorney’s office with egg on their face, as they never charged the accomplice with murder, and, now this week, they will be attempting to salvage the case that probably more resembled assisted suicide than murder by getting Mr. Mings on the premeditation determination that would affect the length of Mr. Mings’ prison sentence.

by Antoinnette Borbon

A much thinner young man these days was Daniel Marsh, who was brought into the courtroom today to hear whether or not the defense was ready to set a definite date for trial. Mr. Marsh, who is charged with the deaths of two elderly people in South Davis, will stand trial soon for the alleged crimes. He has pled not guilty.

Daniel Marsh, 16, has been charged with double homicide. On April 14, 2013, the bodies of Oliver Northup and Claudia Maupin Northup were found in their home on Cowell Blvd. Authorities were called to do a welfare check on the couple, only to discover the two deceased in their bed.

By Kaiti Curry

As day two of trial continued in People v. Ellis, Judge Stephen Mock and fifteen jurors heard from both victims.  Defendant Kevin Ellis could very well be facing life in prison if the jury finds him guilty of the multitude of charges against him.

While there was some confusion regarding the timeline of events and the sexual acts which occurred, the foundation of the allegations were testified to by both Child Doe One and Child Doe Two.

By Catherine McKnight

A graphic jury trial began on Wednesday morning under Judge Stephen Mock in the case of People v. Ellis. The court heard from key witnesses, including the stepmother and father of Child Doe One. The day ended with testimony from Child Doe One.

Kevin Ellis has been charged with nine counts total. Counts one through three involve lewd and lascivious acts to the child who will be referred to as Child Doe One, counts four through six involve lewd and lascivious acts with Child Doe Two, and the remaining counts involve failure to register as a sexual offender and administering marijuana to a minor.

by Antoinnette Borbon

Monday ended the lengthy preliminary hearing of a woman accused of a violation of probation. Judge David Rosenberg held Laura Glover to answer for the three misdemeanor counts. But he not only held her to answer, he remanded her into custody after listening to testimony of two deputies, a security guard, and the defendant herself, talk about the incident that took place in a campsite on  May 31, 2013.

The woman was charged with resisting and delaying an officer, corporal punishment on a child, and being under the influence of alcohol while on felony probation. Judge Rosenberg dropped the false information charge.

The tragic death of five-year-old Tatianna Garcia, whether it proves to be murder or a tragic accident – and the jury is still out (figuratively) on that issue, may have also been entirely preventable.  Court records, acquired by the Vanguard, of the family court battle between the two parents shows alarming allegations and ultimately a custody decision that may not have been in the best interest of either young and defenseless child.

I recently sat in a family courtroom during a custody battle with Judge Kathleen White presiding.  She had to explain to a distraught mother trying to get her child back that the standard is not what the mother deserves, it is what is best for the kids.

by Antoinnette Borbon

Yolo County Judge Paul Richardson held Mike Haverberg to answer on charges that he violated his terms of probation when he used a Penske rental truck without authorization.

For several afternoons, there was a preliminary hearing for the defendant, who was facing a probation violation for allegedly using a Penske moving truck beyond the time he had contracted to use it and failing to properly notify the company of the need for a contract extension.

Nearly a year and a half after campaign tactics cost Yolo County Deputy District Attorney Clinton Parish key supporters, then his election against sitting Superior Court Judge Dan Maguire, and ultimately his job in Yolo County, a hearing judge for the State Bar has found Mr. Parish “culpable of making a false assertion in a campaign mailer, with reckless disregard for the truth” and has recommended admonishment, which according to State Bar Communications Director Laura Ernde, “is not considered discipline.”

However, she told the media on Friday, “The decision is not final because the State Bar’s Office of Chief Trial Counsel has requested review by the State Bar Court Review Department.”

by Dan Williams

Yolo County Judge Stephen Mock sentenced Thomas Vukodinovich on Thursday to 14 years in prison for the rape of and inappropriate sexual contact with a mentally deficient person.  Given the age of the defendant, there is a good possibility that this will represent a life sentence.

Thomas Vukodinovich, an elderly sufferer of Asperger’s syndrome who, while under the employ of Yolo Employment Services, or YES, had sexual relations with a developmentally disabled client of the company. The jury had to decide essentially if the victim was able to consent due to her lack of intellectual capacity. They convicted Mr. Vukodinovich on 11 counts of sexual misconduct, including rape and attempted rape.

by Antoinnette Borbon

Today, Public Defender Lisa Lance filed a motion in regard to the sentencing phase of her client, Thomas Vukodinovich.  Mr. Vukodinovich was convicted of several dozen counts of sexual misconduct with a disabled woman.

Jurors held him accountable for becoming involved with a mentally-handicapped woman.  Mr. Vukodinovich was the bus driver in charge of transporting disabled individuals to work.

By Dan Williams

On Monday afternoon, 29-year-old Davis resident Aquelin Talamantes was arraigned, accused of murdering her five-year-old daughter. Her daughter was found in her car trunk in Sacramento, in response to a child welfare call. The details of this incident are as yet largely unknown.

Ms.Talamantes had a large support network attending her arraignment Monday, with five to eight women being part of the party that got up and left as soon as her proceedings concluded.

The New York Times is reporting that the Innocence Project today will ask Texas Governor Rick Perry “to order the Texas Board of Pardons and Paroles to investigate whether the state should posthumously pardon Mr. Willingham [Cameron Todd Willingham], whose 2004 execution has become a lightning rod of controversy over the Texas justice system.”

“This is a terrible thing to not only execute somebody who was innocent; this is an individual who lost his three children,” said Barry Scheck, co-founder of the Innocence Project.

By Jeff Briggs

In September of 2011, Aristeo Vasquez-Munoz was arrested and charged with battery, resisting arrest, hitting a woman holding a child, and child abuse. During a commotion following a confrontation on the street, police officers badly beat Mr. Vasquez-Munoz, who suffered severe bruising to his legs.

By the time the case finally went to trial two years later, only the resisting arrest charge remained.  A jury after a few hours of deliberation found him guilty of the misdemeanor, and he received one year of probation and an $865 fine.

It was a tragic accident on I-5 in Woodland on August 8, 2011, that left three people dead and seven others with serious injuries.  The Yolo County District Attorney’s office put the blame on “one man and one man only,” Gubani Roderico Rosales Quinteros.  The 42-year-old faced three felony counts of vehicular manslaughter with gross negligence.

After a juror hung the trial the first time, the case went to a court trial back in July, with Judge Mock ruling in favor of vehicular manslaughter but without the gross negligence charges.

By Dan Williams

Last week summed up the trial of one Casey Humphrey. Casey is an adult living with Paranoid Schizophrenia. When he was young, 10 years ago, he would get into fights with his father. It was during one of these particularly volatile episodes that he inflicted stab wounds on his father. His father was treated and released. Casey was not so lucky. Casey was charged with enough to land him a maximum sentence of 10 years in prison.

At this point Mr. Humphrey had a choice, he could go to trial, potentially face more charges and the aforementioned sentence; he could make a plea bargain, probably reducing the sentence, but still not getting the attention he needs while in prison; or he could plead not guilty by reason of insanity. He entered the NGI plea.

In year eight now of our operations, we find ourselves in the middle of an interesting juxtaposition, with the Davis Enterprise taking on heavy criticism for their coverage of the Daniel Marsh trial, and the Vanguard sitting back, having made the decision that we did not have to print every graphic detail of the troubling case.

When the Vanguard argued that the courts needed to be open to the public, we did so with the principle that an open courtroom prevents the government from abusing the rights of the accused.  However, we also believe that with freedom comes responsibility, and we believed that we could paint an accurate picture of the troublesome case without the graphic details.

Date: September 22, 2013
Time: 5:00 to 7:00 PM
Location: 1212 Merkley Ave , West Sacramento
Yolo County Library WEST SACRAMENTO Branch

On Sunday, September 22, 2013 from 5:00 to 7:00 PM at the West Sacramento Library located at 1212 Merkley Avenue in West Sacramento, the Vanguard Court Watch Council of Yolo County (VCWCYC) is inviting the public to come forward to express their concerns about the judicial system, provide testimony. Newly hired West Sacramento Police Chief Tom McDonald will be present to community concerns and provide information to the public.

By Catherine McKnight

On Wednesday morning the court heard closing arguments in People v. Humphrey. The state is seeking a re-extension on Casey Humphrey’s commitment at Napa State Hospital. The key question surrounding this case: “Is he a harm to others?” It is not about guilt or innocence, which Judge Paul Richardson made clear to the jury.

In his opening, DDA Gorman said that the “bottom line” is that Casey Humphrey “is apparently schizophrenic with little or no insight into his mental illness.” Because of this, he said, this makes him a substantial threat to others.