Court Watch

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.

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.”

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.

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.

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.

I have had the pleasure of getting to know the victim in this case, Mikey Partida, and his family.  Everyone responds differently when the unexpected strikes and, for the Partida family, they decided to get involved in community activism to ensure that this never happens to another person.

I greatly respect Gloria Partida, the mother of Mikey Partida, and her commitment to her family and her community.  I understand why they wanted to put this behind them, I understand that getting the hate crime enhancement was vitally important to them, and I understand when they say that they are at peace.

Clayton Garzon, whose brutal beating of Mikey Partida, while shouting anti-gay epithets, horrified and captivated the Davis community last spring, has plead no contest to two counts and will receive a five-year prison sentence, to be served at the Yolo County Jail.

Under the terms of the plea agreement, Mr. Garzon plead no contest to battery causing serious bodily injury and a hate crimes enhancement.

Last week we heard the testimony of Ariel Pineda, who testified that he had performed the interrogation of Daniel Marsh – who was 15 at the time of the crimes and had just turned 16 when questioned by Detective Pineda.

He testified that it was about a four-hour interrogation – it was apparently performed with an FBI agent present, but without the presence of an attorney.

Daniel Marsh Case Draws Media Scrutiny While Horrific Elder Abuse Case Draws None – The Yolo County District Attorney’s Office has a page where they have compiled the latest “high profile cases.”  It’s a nice tool for the public and those interested in keeping track of the high profile cases – it has the name of the defense, the case number, the charges, and of course the next hearing date and where the case stands.

But it does raise the rather interesting question, in listing 15 cases – why are those cases high profile, covered by the media, while other cases are not?  Why does the media cover some cases and not others?

Today’s over-the-top headline in the local paper, “Police: Teen Confessed to Killing Davis Couple,” leaves us with a sinking feeling in the pit of our stomachs.  A few weeks ago, acting on principle, we opposed the court closing the preliminary hearing to the public.

We believe that we did the right thing, but we understand the concerns of the defense.  Everything has a context, and in this case, we literally heard one side of the story without even the usual cross-examination.