Court Watch

“Norteño gangs” were the first words that Deputy DA Garrett Hamilton uttered in the opening statement for the prosecution – that was no accident, as Defense Attorney Hayes Gable noted in his closing arguments.

To the surprise of no one, the Yolo County jury charged with deciding the guilt phase of the Marco Topete case came back in less than a day and convicted Mr. Topete on all charges, special circumstances and enhancements.

Analysis of Closing Arguments Part One: Prosecution and Defense’s Discrediting the Gang Charges

After over three years of waiting, and months of trial, the case of Marco Topete accused of the shooting death of Yolo County Sheriff’s Deputy, Tony Diaz, finally went to the jury.  And while the odds may be clearly stacked against the defendant in this case, his defense made a surprisingly strong case for second degree murder.

The Topete trial’s guilt phase will likely end today as both the prosecution and defense are expected to give their closing statements.

There is just something not right about an election involving judicial candidates.  Part of the problem is that judges by their nature should not exercise their opinions, they should be listeners and they should take steps to make sure that the law is being followed and that all sides are given a fair chance to present their perspective.

The Field Poll conducted earlier this month and released yesterday shows consistent and substantial public support in California for keeping the death penalty as a form of punishment for capital crimes.

The case of Troy Davis and his execution amid serious doubts about his actual guilt focused the nation on the death penalty last week, but the truth is the focus has been on the death penalty for a lot longer than that.

The October 1 date is rapidly approaching. That is the date when AB 109 takes effect, the date that whole classes of low-level offenders get sent to local counties, where there is not the capacity to handle them, and no one knows exactly what that means.

We Cannot Answer that Question Now – But Enough Doubts Exist That We Should Never Have Executed Him –

The execution of Troy Davis should haunt any reasonable person that is concerned about the possibility of executing an innocent person.  This is not a case of Cameron Todd Willingham, where we know for a fact that the forensic evidence used at the time of his execution to determine that it was an arson fire was flawed.

Billy Wolfington and Shannon Silva were in court on Thursday before Judge Janet Gaard, as their attorneys asked for a four to six week continuance due to what they said was new discovery.

Deputy District Attorney Clinton Parish surprised many on Wednesday when he suddenly announced he would challenge the newest judge, Judge Daniel Maguire, appointed just last year by Governor Arnold Schwarzenegger.

Suit Alleges DA Reisig Prosecuted In Order to Cover Up Law Enforcement Wrongdoing

In the early afternoon of Tuesday, September 8, 2009, Thomas Dias received a call advising him that his niece, with whom he worked at a family-owned flooring company, had run out of gas and was on the shoulder of I-80 eastbound, east of Reed Avenue in West Sacramento.

He went to assist her with a can of gasoline.  Mr. Dias put in enough gas to allow her truck to get off the freeway and then followed her to a gas station for the purposes of making sure she was all right, as well as to transfer some work materials to her truck..

One of the big questions coming into this trial was how would the defense defend a case in which there was virtually no doubt that the defendant shot and killed Deputy Tony Diaz.

One of the broadest and most sweeping reforms in years is about to take place on October 1, when counties will directly assume responsibility for so-called low-level criminal offenders – those who have been convicted of non-violent, non-serious and non-sex crimes.

Sometimes the old adage “be careful what you ask for – you might get it” is spot-on.  Last week, the prosecution, citing a change in defense strategy, worked hard to convince Judge Richardson to show the jury Marco Topete’s post-arrest interview, which the prosecution saw as a confession.

Judge Stephen Mock allowed gang charges to stand for Jose Duran, despite the prosecutor’s violation of juvenile confidentiality provisions and the testimony of a detective about a juvenile case that should not have been permitted.

NY Times Editorial Slams GOP and Governor Perry on the Death Penalty –

Last week the Ninth US Circuit Court of Appeals overturned the death sentence of an Idaho man convicted of killing a coworker in 1981 at a gas station near Boise, Idaho.  The victim was repeatedly shot and stabbed.

In arguing for the admissibility of Deputy Tony Diaz’ photo when he was alive, the people, led by Deputy DA Garrett Hamilton and DA Jeff Reisig, characterized this case as “not a close case” in their view.  The defense took exception to that.

Earlier this week, the prosecution in the Topete trial attempted to introduce DNA evidence that they had collected after the trial had begun, destroyed and failed to discover to the defense.  Judge Richardson, questioning the fairness of the prosecutor, ultimately excluded the evidence from court – evidence that seemed ambiguous at best.

Two weeks ago we ran the story on Texas Governor Rick Perry’s cover up, that he may have executed an innocent man when he refused even to grant a stay of execution for Cameron Todd Willingham.