Court Watch

VANGUARD COURT WATCH: The Human Side of the Criminal Justice System

Yolo-Count-Court-Room-600By Vanguard Court Watch Interns

Steven Lopez, an inmate at the Yolo County Jail, had his sentencing hearing this past Friday, January 11th. He has been charged on four counts, mainly pertaining to theft and unauthorized use of vehicles. While the counts he has been charged with are not something to be particularly curious about, this case embodies the stigma all too often placed upon these “criminals.”

While in custody, Mr. Lopez started hysterically crying to Judge Mock of Department 3. Although I am certain this is not uncommon in the courtroom, it is cases like this that shed light on the indisputable truth that many people seem to forget – that those in custody are human just like the rest of us.

Sunday Commentary: Distrusting Motivations

reisigJust before the New Year, we ran our Sunday Commentary, “When Speaking Out Comes with a Price,” where we discussed Jann Murray-Garcia’s concerns about accepting an invitation  from Chief Deputy District Attorney Jonathan Raven to join their new Multi-Cultural Community Council, an invitation he made public at the December 1 Breaking the Silence of Racism event.

Dr. Murray-Garcia had several times declined the offer, and told him so publicly.  She wrote, “I told Jonathan I was not interested, because I had accompanied too many Davis folks in Yolo County Superior Court who were inappropriately charged, investigated, overcharged, gang-labeled and unnecessarily prosecuted at great taxpayers’ (yours and mine) expense, and residents’ turmoil.”

VANGUARD COURT WATCH: Man Acquitted on Felony Evasion of Police Officers

Yolo-Count-Court-Room-600Editor’s Note: Every week, the Vanguard Court Watch of Yolo County sends a number of interns into the Yolo County Court in Woodland.  Beginning today, we will be publishing some of their accounts of what they have observed.

Many of these are collaborative efforts and will be published under the byline of Vanguard Court Watch Intern.  Others will be published under the intern’s individual name.  This feature will at least be published on Mondays, Wednesdays and Fridays.

Davis Marijuana Gang Case Finally Settles with DA Dropping Gang Charges

marijuana2From the start, defense attorneys argued the case against Israel Covarrubias and Amaris Rodriguez stemming from a May 2010 arrest in Davis should be a marijuana case.  But for nearly two and a half years, the Yolo County DA’s office held the couple to answer to four criminal counts.  These included the sale of marijuana, possession of marijuana for sale, conspiracy to commitment a crime, and the standalone Penal Code section 186.22(a) charge for criminal street gang activity, along with three gang enhancements, from Penal Code section 186.22(b).

All told, the co-defendants faced 13 years in prison if convicted.  The defense attorneys all along argued that this case was really a marijuana sale case and should be charged as such.

State Seeks End of Court Orders Capping Prison Population; Legislation Introduced to End Solitary Confinement of Juveniles

prison-reformGovernor Brown Issues Poignant Demand to End Federal Oversight of California’s Prisons- “The prison emergency is over in California,” Governor Jerry Brown declared during a pointed press conference on Tuesday.

He told reporters, “California is a powerful state, we can run our own prisons.  And by God, let those judges give us our prisons back.  We’ll run them right.”

Incomplete Story Told by Declining Juvenile Arrest Rates

juvenile-courtBy Will Matthews and Rebecca McCray

A recent study from the Center on Juvenile and Criminal Justice (CJCJ) demonstrates that decriminalization of marijuana can actually improve our children’s futures while saving taxpayers billions of dollars.

In 2011, Senate Bill 1449 was implemented, which reduced the punishment for simple marijuana possession from a misdemeanor criminal offense to a civil infraction punishable by a fine of no more than $100. Data from the California Department of Justice’s Criminal Justice Statistics Center for 2011 reveals an impressive 20 percent decrease in overall youth arrests in the state compared to the previous year, and a 60 percent decrease in marijuana arrests. The CJCJ analysis determined that the “largest contributor to [the overall] decrease was a drop of 9,000 in youths’ low-level marijuana possession arrests” since the passage of SB 1449.

Sunday Commentary: When Speaking Out Comes with a Price

Raven-Jon.jpgWe are closing the seventh calendar year of the existence of the Davis Vanguard.  In some ways, our mission has changed over that period of time, but in fundamental ways, we remain the same with the idea of providing the alternative voice to the discourse provided in more mainstream publications.

For most of that time, we have been critics of the Yolo County DA’s office.  Some of these criticisms have been over a fundamental difference in philosophy as to the best way to protect the community from people who break the law, while preserving basic constitutional rights.

Looming 2013 Issues: What is the Future of the Death Penalty?

san-quentin

The future of the death penalty in California could not be more murky.   In November, the voters had a chance to end the death penalty in the state, but Prop. 34 was narrowly defeated, 52 percent to 48 percent.  That leaves the system still alive, technically, though on life support.

California, while only executing 13 people since 1978, does not figure to begin executing anyone for at least three years, according to California Supreme Court Chief Justtice Tani Cantil-Sakauye, because of problems with the lethal injection process.

Yolo County Spent More than 1.4 Million Dollars Seeking Death Penalty in Topete Case

Topete-Defense

The case of Marco Topete began in June of 2008, when the parolee led Sheriff’s Deputy Tony Diaz on a high-speed chase that ultimately ended with the tragic shooting of the sheriff’s deputy.

From the time Mr. Topete was arrested and the time that reporters and the public were locked out of the Yolo County Courtroom, until the jury ultimately reached the verdict during the penalty phase to impose the death penalty – there were numerous twists and turns.

Bad Public Policy on the Death Penalty Doesn’t Allow Us to Honor the Victims

san-quentinCommentary: Awhile back, after Richard Hirschfield was convicted of killing two young UC Davis students over 30 years ago, someone suggested that we focus on honoring the victims.

As Bob Dunning wrote last weekend in his column, “Not only did he take the lives of two of Davis’ finest, he also sentenced their parents and siblings and extended families to a lifetime of agony that simply never ends. He wounded the soul of this town and shook us to our core, and those of us who lived here then will never forget that horrible time.”

Lies My Prosecutor Told Me

san-quentinOne of the more interesting questions has emerged in the sweethearts murder trial, in which Richard Hirschfield, 32 years later, was finally convicted of the murders of two UC Davis students in December 1980.  With the special circumstances conviction, Mr. Hirschfield is now eligible for the death penalty.

But given Mr. Hirschfield’s age, the state of the death penalty system, and the length of time it takes to bring a case from prosecution to execution, even under the best of circumstances, there is simply no way that the convicted killer will ever be executed.

Recent Cases Lead to Questions About When Life Sentences Are Appropriate

yolo_county_courthouseThey stood last week in front of the Yolo County Courthouse, a few mothers, less than a month after their sons had been convicted of attempted murder as they shot into an inhabited dwelling.  With the enhancements, it is likely that their sons face 35 to life.

German Vizcarra, 19, Juan Reyes, 21, and Rolando Arismendez, 38, had their trial in late October and were found guilty on all counts.

Forensic Science Falls Short of Public Image

forensic-scienceBy Maggie Clark

On a Las Vegas morning, crime investigator Gil Grissom surveyed the scene of an apparent suicide by a wealthy casino heir, dusting for prints, looking for fibers – any clue to help him and his team find the true story. Through drug analysis, fiber testing and close contact with the police, Grissom determined that the dead man was killed by his brother, who hoped to get a piece of their family’s fortune. Grissom was right. The brother confessed to the crime and was sent to prison.

Close observers were led to the conclusion that crime labs can do remarkable things. And sometimes, they can. But this story wasn’t reality. It was an episode of the television show CSI: Crime Scene Investigation. In real life, crime scenes don’t always yield compelling forensic evidence and analysts don’t always catch everything. Juries, however, have come to expect that they do.

Pre-Trial Custodial Reform the Key to Making AB 109 Work

prison-reformLaw enforcement agencies continue to complain that California’s realignment policy under AB 109, which transfers jurisdiction to the counties for non-violent and non-dangerous offenders, is not working.

In a report two weeks ago, KCRA in Sacramento cited that “a growing number of law enforcement officials are saying it’s time for California to overhaul realignment — and to stop dumping dangerous felons from state prison into local counties.”

Former Candidate For Judge Takes Deputy DA Position in Tuolumne County

parish-clintWhen Clinton Parish, a Deputy DA in the Yolo County District Attorney’s office, announced just over a year ago that he intended to challenge Judge Dan Maguire for his judicial position, he did so with the full backing of his boss, District Attorney Jeff Reisig.

However, when he mailed attack brochures to county residents that proved to have unverified accusations against the judge, many of Mr. Parish’s backers, including Yolo County Sheriff Ed Prieto and DA Reisig, quickly withdrew their support.

What Does Narrow Loss of Prop 34 Mean for Death Penalty in California?

death-penalty-presser-1In the immediate aftermath of the loss of Proposition 34, the ballot measure that would have ended California’s death penalty and replaced it with life without parole, its ballot sponsors took solace in the relative closeness of the election.

“The mere fact that the state is evenly divided is nothing short of extraordinary. In 1978, 71% of the electorate supported the Briggs Death Penalty Initiative and now, after hearing the facts, voters are almost evenly split,” said Jeanne Woodford, the official proponent of the SAFE California Campaign and former Warden at San Quentin State Prison where she oversaw four executions.

Today’s Vote on Prop 34 Looms Large in Latest Local Death Penalty Case

death-penalty-presser-1Yesterday in Sacramento County, a jury deliberating for less than a day found Richard Hirschfield guilty of the kidnapping and killing of two UC Davis students on December 20, 1980.

This case has had a lot of twists and turns.  In 1993 the Yolo County DA at the time, David Henderson, dropped the charges against four people charged with the killings as a DNA test of a semen sample taken from a blanket in John Riggins’ van didn’t match any of the defendants.

Supervisor McGowan Calls Realignment a Success

McGowan-Mike-WS

GUEST COMMENTARY – Californians seem to like their local governments. In fact, the recently released report from the Public Policy Institute of California suggests that voters have strong confidence in their local governments and want more authority shifted to the local level. Not surprisingly, this is precisely the thinking behind public safety realignment, a historic change to California’s public safety system.

Governor Brown calls this the “principle of subsidiarity.” When something needs to get done, give it to the smallest, least centralized organization that has the ability to do it. That is essentially what is happening with many public safety functions.

Is Prop 34 Poised to Pull Off the Improbable Victory?

death-penalty-presser-1Proposition 34 Still Polling Under 50% But Support Surges – Last week an LA Times poll showed that Proposition 34, which would convert the death penalty in the state of California to life without parole, had pulled within the statistical margin of victory – demonstrating huge gains in a week.

Now the Field Poll, widely regarded as the most accurate of state polls, shows the unthinkable – that Proposition 34 has a lead outside of the margin of error.

Yolo County Sheriff Prieto Sued For Sexual Harassment

Sheriff-PrietoFor the second time this year, Yolo County Sheriff Ed Prieto finds himself the subject of a lawsuit from one of his employees. Victoria Zetwick, a 24-year veteran sheriff’s deputy working as a correctional officer, claims that over the course of 14 years (which dates back to Ed Prieto’s election in 1998, first becoming Yolo County’s Sheriff), she was subjected to sexual harassment which allegedly included “unwanted hugging and kissing.”

Ms. Zetwick, 48, is married to a sheriff’s deputy, as well.  She claims in her suit that she saw Sheriff Prieto “hug and kiss several dozen female employees.”  When present with both male and female employees, Sheriff Prieto, according to the suit, would hug the female employee but give a handshake to the male employee.