Court Watch

On May 6, 2014, Michael Artz will be a free man, his term of probation expiring, his only charge on his record a misdemeanor charge for having a sexual encounter with a classmate less than two years younger, and no registration under Penal Code section 290.  At some point, he would be able to get even that misdemeanor expunged from his record.

But to get there was a long, painful and arduous journey filled with rape allegations, a trial that saw him acquitted on that charge but found guilty on lesser charges, a long and painful sentencing proceeding, endless counseling, a period of incarceration at the local jail, the loss of his mother and then finally an appellate court overturning much of what remained of the charges, with Judge Stephen Mock on Friday dispensing with the last hurdle – the PC 290 registration requirement.

By Anthony Rascon-Ramos

In the jury trial of People v. Darnell, the jury reached a verdict on Wednesday morning on the five counts charged against the defendant. On the first count of carrying a loaded firearm, he was found guilty, as well as on the additional allegation of not being the owner of the firearm. On the second count of possession of a concealed firearm and on an additional allegation he was also found guilty.

Lastly, on the third count of possession of burglary tools he was found not guilty.

As stated on Sunday, the President’s comments on race in part helped to push us away from one discussion on the Trayvon Martin killing and toward another.  The President said, “When Trayvon Martin was first shot I said that this could have been my son.  Another way of saying that is Trayvon Martin could have been me 35 years ago.”

This is the reality that all African-Americans have to deal with in our society – the prospect of being treated not because of their actions, but being regarded with suspicion because of the color of their skin and the location of their whereabouts.

In the early morning hours of June 19, an individual was approached outside of the Cottonwood 7-Eleven in Woodland.  They asked him if he had money, when he said no, he was asked if he “bangs” if he was a “scrap” or a “DO.”  When he failed to respond, he was hit and attacked.

They allegedly yelled gang slurs and one of them lifted up his shirt and said, “Should I shoot this Nigga?”  They then took some of his property including his bike.

Yolo County Sheriff Ed Prieto will speak with members of the public at the Vanguard Court Watch Council of Yolo County meeting on Sunday, July 28.

The meeting begins at 5 p.m. at the Holy Rosary Pastoral Center, 503 California St. in Woodland. Community members are invited to come and learn more and ask questions or share concerns.

In early May, Mississippi officials were a mere four hours from executing a potentially innocent man, Willie Manning when the state’s Supreme Court stepped in with an 8-1 ruling that halted the execution.

A key part of the prosecutor’s original case was forensic evidence that would tie Mr. Manning to the murder.  However, on May 2, 2013, “, the Justice Department has sent three letters to the attorneys in the case announcing that the feds now are backing away from the “ballistics” and “hair fiber” testimony their so-called “expert” testified about at Manning’s trial. State prosecutors heavily relied on that now-discredited evidence at trial — as have state court judges ever since — as proof that Manning’s conviction was secure enough to warrant his execution.”

This week we saw the controversy nationally of the Rolling Stone cover portraying the Boston Marathon bomber as though he were a rock star.  That spawns local columnist Debra DeAngelo to opine about “When monsters have the face of angels, and the uncomfortable nature of journalism.”

She writes, “So, this week, when the angelic face of Dzhokhar Tsarnaev, a morph of Jim Morrison and Eros, peers out at us from under the iconic RS logo, it’s not out of character. The Tsarnaev feature is just another step on Rolling Stone’s investigative journalism path.

By Catherine McKnight

In the further jury trial of People v. Sanchez, the court heard the last witnesses for the defense and closing arguments on Tuesday morning, July 16.  Roberto Sanchez has been charged with possession of meth amphetamine and possession of an object used for unlawfully using a controlled substance.

DDA Crystal Junge’s main argument is that a concerned neighbor called the police and during the process, there was meth and a meth pipe found on the defendant. Deputy Public Defender Mr. Johansson’s main argument is that the meth and pipe found did not belong to his client and that they were planted.

A diverse group of criminal justice experts including prosecutors, judges, defense attorneys, scholars, community leaders, and formerly incarcerated advocates gathered last October for a three day conference.  On Wednesday, Consultant Tanya E. Coke released the report based on those discussion – Criminal Justice in the 21^st Century: Eliminating Racial and Ethnic Disparities in the Criminal Justice System.

“The conference was designed not only to acknowledge that racial and ethnic disparities exist in the system, but to examine best practices around the country that address and seek to remedy those disparities,” a release states.  “This report summarizes the candid, sometimes painful panel discussions, and identifies the panoply of remedies that may advance the goal of eliminating the disparate racial and ethnic impact from America’s criminal justice system.”

By David M. Greenwald

Supporters and media members packed into the small and cramped Department 2 for an early hearing in the case of 16 year old Daniel Marsh, accused of one of the more brutal crimes in the hundred year history of the city of Davis.

The actual hearing seemed almost an anti-climax compared to the attention, with a brief mention of the discovery and the setting of the preliminary hearing – at least at this point for September 13 – in what is expected to be a full but single day of evidence.

If you thought I have been anchored to the TV the past two weeks watching the Zimmerman trial, you’d be mistaken.  I have caught some glimpses of the trial and mostly the disgraceful banter that passes for punditry and legal analysis after the fact, mainly because my wife has been enraptured by the case.

But I have found the parts I have viewed familiar, dull and surprisingly unsophisticated.  I did catch the prosecution’s use of force expert, laughed a bit when the defense carved him, and then moved on.

By Catherine McKnight

Judge Stephen L. Mock expressed his thoughts on his verdict this Friday afternoon, with respect: “When I took this job, I took an oath to apply the law without any decision being affected by emotion. While it breaks my heart, that’s the law.”

This was following his verdict of ‘not guilty’ on counts 1-3 of vehicular manslaughter causing death due to gross negligence in People v. Gubani Roderico Rosales Quinteros.

This morning’s Sacramento Bee reports that another longtime female sheriff’s deputy in Yolo County has filed suit, alleging that Sheriff Ed Prieto subjected her “to protracted sexual harassment, culminating in his offer to trade an assignment for oral sex.”

Denny Walsh, the reporter at the Bee, writes, “Robin Gonzalez claims in a federal lawsuit filed Wednesday that the blatant conduct has continued for almost her entire 11 years under Prieto’s command.

A Yolo County judge threw out two cases and strongly rebuked sheriff’s deputies, in two unrelated cases that came before him in early June after videotaped evidence showed the deputies were being untruthful in their justifications for searches during traffic stops, according to court transcripts obtained by the Vanguard.

“What is really troublesome to the Court is the deputy’s misrepresentation in the incident report, which brings into question the deputy’s credibility from the get-go,” Judge David Rosenberg said in a court transcript from one of the cases, in granting a motion to suppress evidence that led to Deputy DA Jared Favero dismissing the case due to lack of evidence.

That Yolo County Judge Timothy Fall does not suffer fools lightly is a truth that is known throughout the Yolo County legal community and beyond.  Judge Fall runs the tightest and strictest courtroom in the county, bar none, and has no problem taking to task defense attorneys and prosecutors alike when they step out of line.

But, while counsel fear making a misstep in his presence, at the same time most respect his intellect and command on the law.  Long ago, he gained our respect when he tossed aside a Deputy DA’s attempt to close the courtroom to the Vanguard, arguing that freedom of the press was the hallmark of a free society.

by Antoinnette Borbon

Billy Wolfington, who was recently found guilty of second degree murder, was back in court for a hearing pertaining to case enhancements.  Just last month, a Yolo County jury found Mr. Wolfington, the sole named defendant in the 2005 West Sacramento Gang Injunction, guilty of second degree murder.

His co-defendant, Shannon Silva, was acquitted on all charges.  Yolo County Deputy DA Ryan Couzens had sought first degree murder charges on both defendants.

In year four of the court watch program, we have made a number of changes. Perhaps the one most visible to the reader is that interns are now the ones primarily writing about the courts.  But that is not the only major change this year.

Beginning in April, we created the Vanguard Court Watch Council, a 12 member body that every fourth Sunday of the month holds public meetings.  In May, we met at the Davis library and provided what appears to be the only time that the family of Eli Davis has spoken in public about the April 2013 incident.

by Antoinnette Borbon

It was a day filled with deep emotion for a few of us while listening to both closing arguments in the case of Zacharius Kleinsasser.   Mr. Kleinsasser was brought to trial for a recommitment in Napa State Hospital.

On Wednesday, Deputy DA Rob Gorman delivered a brief closing which was very similar to his opening statement earlier this week.  Mr. Gorman reminded the jury once again of the three elements to be met by the state.

By Antoinnette Borbon

As the day began with the continuing testimony of the state’s witness, Dr. Skillie, it rapidly began resembling a long ago movie, “One Flew Over the Cuckoo’s Nest,” starring Jack Nicholson. In the movie, actor Jack Nicholson was depicted as “being crazy and out of control, by staff,” but really was not.

Cross-examination by Deputy Public Defender Dan Hutchinson began this morning with the questioning of the medical reports.

by Antoinnette Borbon

It was an interesting day today in Department 4, Judge David Rosenberg residing, to hear the state’s case for re-committing a defendant to Napa State Hospital.

Zacharius Kleinsasser was found not guilty for reasons of insanity back in 2003. In opening statements made by Deputy District Attorney Rob Gorman, he explained to the jurors they would be deciding on the facts and whether the state has met its burden of proof beyond a reasonable doubt that Mr. Kleinsasser is a danger to society.