Court Watch

VANGUARD COURT WATCH: Co-Defendants Face Gang Charges in Drug Case

gang-stock-picby Stephanie Yang

On Friday, February 15, 2013, John Lemus and German Quezada were scheduled for a hearing for substance offense and a gang-related enhancement. They are represented by Mr. Cobb and Mrs. Sequeira.

Opening statements from DDA Robin Johnson said that there is enough qualifying evidence to stipulate that the incident that occurred on December 2012 is a gang-related offense. She called the first witness, Ramón Cuellar, to the stand.

Commentary: Artz Becomes Poster Case of Overreaching by DA and Judge

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The Vanguard Court Watch has been in Judge Stephen Mock’s courtroom many times since 2010.  Our view of him is that he is a relatively fair judge, though he tends to lean towards the prosecution, and he has a firm grasp of the law.

We firmly believe that most people who go before Judge Mock get a reasonably fair trial.  There are exceptions, of course, but by far the most egregious was the Michael Artz trial.

My View: Politicizing Rape

davis-train-depotLast summer and fall I cringed when words like “legitimate rape” came out of the mouths of male conservative politicians.  It’s not just that their understanding of basic human anatomical functions was so terribly wrong, but it re-injected politics into a crime that need not be politicized.

I was coming of age during the days when rape awareness finally moved out of the dark ages, when prosecutors would refuse to prosecute, pardon the expression, legitimate rape cases.  Mine was the first generation where the term date rape came into prominence, and the phrase “no means no” became etched into our minds.

VANGUARD COURT WATCH: Man Faces Six Counts of Worthless Checks

Bounced-CheckBy Alexandra Rose

On the morning of Wednesday February 13, 2013 in Department 6 of the Yolo County Superior Court, the judge and jury were seated and ready to hear the opening statements in the case of the People of the State of California versus Gurmej Singh.

Charged with six counts of writing worthless checks, dating back to several dates in April of 2009, Gurmej Singh is represented by his defense attorney, Lisa Lance.

State Bar Files Complaint Against Clinton Parish

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The State Bar of California has filed disciplinary charges against a Yolo County attorney for allegedly failing to comply with ethical rules while seeking judicial office. Clinton Parish, 41, is accused  by the California Bar of making misrepresentations about himself and his opponent in the May 2012 election for Yolo County Superior Court.

According to a press release from the State Bar, “Parish’s campaign materials falsely asserted, among other things, that his opponent was “involved in a sordid case of corporate fraud that involved payment of bribes in Russia.” Parish’s campaign website erroneously claimed that he had been endorsed by the Winters Police Department, and his yard signs gave the false impression that he had judicial experience.

Appellate Court Reverses in Artz Case

Yolo-Count-Court-Room-600It was one of the more controversial cases that the Vanguard has covered, where a Yolo County Jury found Michael Artz, a graduate of Davis High School, not guilty of forced oral copulation in a case involving another Davis High Student who was 16 at the time.

However, they did find him guilty of two felonies, oral copulation with a person under 18 and contact and communication with a minor with the intent to have sexual relations. Ultimately, Mr. Artz was ordered to undergo counseling and spent six months in the Yolo County Jail.

DPD Sustains Complaint Against Officer Involved in May Tasering Incident

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Vanguard Confirms Officer No Longer Employed by City – The Vanguard has received a copy of the city’s letter to Tatiana Bush, one of two individuals involved in an incident that occurred May 23, 2012 at the Glacier Point Apartments.

At the time, the Davis Police released an unusually detailed explanation of the incident.  However, that was refuted a few days later by Tatiana Bush, a member of the Cruz Reynoso Task Force that looked into the November 18, 2011 Pepper Spray Incident.

Commentary: Columnist Attempts to Try and Convict Sonne, Acquitted by Jury, in the Press

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By Antoinnette Borbon

I would like to take the time today to write a response to Debra DeAngelo’s column published in the Davis Enterprise, “If you’re drunk, ‘no’ doesn’t have to mean ‘no.

First, I would like to say that a case such as this was bound to bring forth controversy. However, controversy should not take away the weight of the facts in this case.

Police Cracking Under the Pressure of Manhunt?

police_tapeA friend of my wife’s last night posted on Facebook that he (an African-American and an elected official down in Southern California) were spending time on their boat at the marina in Long Beach on Sunday.

He said he was watching the Laker’s game when he heard a helicopter hovering overhead.  When he went out, he immediately saw Coast Guard boats and numerous police on the dock facing his boat and up on the street.

VANGUARD COURT WATCH: Charges Added in Snyder Explosives Case

explosivesBy Antoinette Borbon

The courtroom was packed today awaiting the preliminary conference for David Snyder, who is charged with making explosives, possessing firearms, and endangering the lives of others under the Health and Safety code.

He sat there calm and confident as his defense attorney, Linda Parisi, explained to the court that he was an upstanding citizen with a clean record. She explained to the court that David Snyder has been a good employee and was merely being experimental.

Police Lie Under Oath?

police_tapeLast week, in a provocative op-ed in the New York Times, Michelle Alexander, known widely as the author of “The New Jim Crow” which deals with the issue of the mass incarceration of large numbers of African-Americans, particularly on minor drug possession charges, weighs in on the issue of police officers lying under oath.

This is not a small issue, as she explains, because each year thousands of people plead guilty to crimes “because they know that the odds of a jury’s believing their word over a police officer’s are slim to none.”

VANGUARD COURT WATCH: Man Faces Charges for Possession and Sale of Meth

methBy Vanguard Court Watch Interns

In Department 2 under Judge Fall on Monday February 4, 2013, the jury was selected for the case of Alberto Medina, charged with committing a felony by the possession and sale of methamphetamine.

Mr. Medina, represented by Frank Sage, is charged with five counts: first, possession of a controlled substance, second sale of meth; third, the transportation of meth; fourth, the offer to sell meth and armed with a firearm; and fifth, the possession of meth greater than 28.5 grams for sale and  armed with a firearm.

VANGUARD COURT WATCH: Jury Hangs on Vehicular Homicide Charges

crashBy Vanguard Court Watch Interns

On Wednesday, the jury finally ruled in the vehicular homicide case of Gubani Roderico Rosales Quinteros.  He was convicted of counts 4 and 5, using the personal identification of another for unlawful purpose, and false impersonation of Carlos Adrian Quinteros Hernandez.

Judge Stephen Mock then ruled a mistrial on the main charges, after the jury could not reach a verdict.  Retrial is scheduled for July 8, 2013 to resolve the remaining charges.

Is Realignment Causing an Increase in Crime in California?

prison-reformCalifornia’s violent crime rate has fallen steadily since 1992, including a 63% decrease from 1993 to 2011.  However, budget pressures have forced California to re-think how they handle crime, and preliminary information from the FBI shows that both violent crime and property crime increased slightly in most large urban areas in the first six months of 2012.

However, the overall trend remains overwhelming – violent crime remains at about the lowest levels recorded in the past 40 years.

VANGUARD COURT WATCH: Vehicular Manslaughter Trial Continues

crashBy Vanguard Court Watch Interns

The Quinteros trial continued this morning with witness Officer Galvez back on the stand with questions from the jury. After about three minutes, he was excused and witness Robert Luis Salaber, Jr., President of the engineering firm Salaber Associates, was brought to the stand.

According to Robert Salaber, they were hired by the City of Woodland for the management, administration and oversight of the construction of the freeway. A separate prime contractor was hired to do the actual physical work of the construction in which Salaber Associates oversaw.

My View: Sonne is Acquitted, But Justice is Far From Served

restorative-justiceYesterday the news came down that Thaddeus Sonne was acquitted of the charge of rape, for an incident that happened last August in downtown Davis near the train depot.  We had several reports that it was a very emotional moment for all involved.

One of the Vanguard Court Watch interns said that “the look on Sonne’s face was (as cheesy as it sounds) the look of justice.”  If you have ever seen the look of someone acquitted, you know the look.

VANGUARD COURT WATCH: Sonne Rape Trial Goes to Jury

davis-train-depotby Antoinnette Borbon

(Editor’s note: Previously the Vanguard covered this trial on January 18 and January 21).

The trial of the People vs. Sonne wrapped up today, sending the jurors into deliberation by 2:45 pm. As the case continued this week, we heard from several witnesses, most of them from the Davis Police Department. Officer Ralph Piro, Officer Janell Bestpitch and Detective Ariel Pineda’s reports were in accord, almost in exact words, as Deputy Public Defender Dan Hutchinson pointed out.

VANGUARD COURT WATCH: Vehicular Homicide Trial Continues

crashBy Vanguard Court Watch Iterns

On Tuesday, Mr. Purcell, finished his testimony. The highlight:  It was revealed that the construction project was not handled by Caltrans. Instead, a private construction company was hired by the City of Woodland. Closing a highway lane was not part of the plan for the morning of August 8. Around 7 AM, a vehicle ran into the sand barrels at the site.

This caused a delay in construction and the subsequent decision to close one lane. The construction company had to quickly mobilize staff to set up traffic cones and warning signs.

Tragedy Focuses Attention on the Power of Prosecutors

prosecutorial-misconduct“The death of Internet activist Aaron Swartz has generated a lot of discussion about the power of prosecutors — particularly federal prosecutors. This is a good thing. The conversation is long overdue. But the discussion needs to go well beyond Swartz and the Computer Fraud and Abuse Act,” Radley Balko of the Huffington Post wrote.

The death of Aaron Swartz, who hanged himself after hopes for a deal with federal prosecutors fell apart, has drawn enormous attention.  Two years ago, Mr. Swartz, who was an advocate for free information online, used a computer network at MIT to download nearly five million articles from JSTOR (short for Journal Storage), a database of academic journals that charges a large fee unless one is associated with a university.

VANGUARD COURT WATCH: Fatal Crash Leads to Vehicular Homicide Charges

crashBy Vanguard Court Watch Interns

Thursday’s trial of People v. Quinteros continued with testimonies from witnesses involved in the accident.

Witnesses included a Mr. Rivas, Guadalupe Carrere and Alfredo Ochoa. Mr. Ochoa was not involved in the accident but did film the aftermath on his cell phone. His video of the event displays smoke, fire, and emergency personnel.