Court Watch

Commentary: Closing Argument Illustrates the Silliness of the Death Penalty in Its Current State

Topete-Defense

As we await the jury’s verdict, I will save you the suspense, this case has been over for a long time, and during District Attorney Jeff Reisig’s brilliant closing, he buried Marco Topete.

That’s right, I called it brilliant and it was.  We can take nothing away from that.  Mr. Reisig cut the perfect tone, both painting Mr. Topete as a monster, repeatedly showing him to be a danger to those inside and outside of prison, and creating sympathy for the victim.  He did his job, he did it well.

DA Reisig Makes Emotional Case For Death Penalty in Topete Case Closing Arguments

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After three years of waiting, and three months in trial, then a conviction of first degree murder with four special circumstances, the jury in the Topete case now has the unenviable task of determining whether Marco Topete should spend life in prison without parole or get the death penalty.

District Attorney Jeff Reisig made the closing case for the prosecution and tried to take that choice out of the hands of the jury, arguing that Mr. Topete had made these decisions and put himself in this place, and their job was to simply follow the law.

The Right of Citizens Filming Police Encounters in the Cross Fire

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Last spring at Picnic Day, the Vanguard decided that one of the best ways to follow what was going on was to drive around, spot law enforcement vehicles pulling people over and film the encounters.

The result was, as one would normally expect, a large number of arrests and detentions, but very little if anything of note.  We did this believing we had the constitutional right to film what had occurred in a public area.

Is Governor Perry About to Mess Up Another Death Penalty Case?

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Texas Inmate Scheduled to Die Despite Untested DNA Evidence

This past summer Governor Rick Perry of Texas signed into law a simple measure that would require the state to test DNA evidence if it is available.  But as Governor Perry struggles on the Republican presidential campaign trail, he has thus far denied Hank Skinner, a death row inmate, a DNA test that has the potential to prove his innocence, or at leats remove any doubt as to his guilt.

The cost of this test: 550 US dollars.

Appellate Court Throws Out Portions of Amtrak Attack Convictions Due to Overcharging

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It was presented as a seminal case to illustrate the threat that the Broderick Boys  presented for the community of West Sacramento.  In April of 2007, three defendants – Austen Nunes, Pauliton Nunes, and Daniel Bonge went with several others to the train tracks in West Sacramento to drink some stolen beer.

As the train approached, a member of the group stood on the tracks and Austen Nunes threw a rock at the train.  “The train stopped and the angry engineer got off the train. A vicious assault on the engineer followed.”

Man Who Wrongfully Spent 20 Years in Prison, Headlines Tonight’s YJW Event

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Just over six months ago, 43-year-old Maurice Caldwell walked out of the San Francisco Jail a free man, for the first time since his conviction of second-degree murder in a fatal shooting of an individual named Judy Acosta at the Alemany Public Housing Project on June 30, 1990.

“There was only one eyewitness. There were clear problems in her testimony,” said Paige Kenab, supervising attorney at the Northern California Innocence Project, in an interview at the time.

Lawyers for Occupy Sacramento Plan to Sue the City

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For nearly a month now, Occupy Sacramento activists have been cleared from the park on a nightly basis.  Now three Sacramento area attorneys are representing them, led by Mark Merin, who will receive an award on Thursday night from the Vanguard in Woodland, as Vanguard Outstanding Attorney of the Year.

According to a release, they have argued that their rights to speech and assembly have been violated by the City of Sacramento.  The suit has been filed on behalf of 34 named plaintiffs, including infamous activist Cindy Sheehan.

Where Wrongful Convictions Link with the Death Penalty

JudicalWatchPoster_rgb_150dpi_600px-1.jpgNatasha Minsker – Death Penalty Policy Director of the ACLU of Northern California

Ms. Minsker began her career at the Alameda County Public Defender’s Office, spending the first year as a research attorney in the Capital Defense Unit and the remaining four years as a Deputy Public Defender, handling all types of misdemeanor, felony and juvenile cases.

In an interview, she described her first day working the public defender’s office.

Passion for Justice Drives Public Defender Tracie Olson

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In June of 2009, Tracie Olson took over as public defender for Yolo County when Barry Melton retired. At the time of his retirement, Melton said, “Tracie is a fine lawyer, a talented administrator, a deeply compassionate human being, and a true public servant.”

Tracie Olson chose to become a criminal defense attorney after she traveled to Harlingen, Texas, to represent a Guatemalan man who had been tortured and abused because he declined to help a political cause that he did not believe in.  He hid his family in a neighboring town with the promise that he’d go to America, find help, and then return for them when he could.  However, upon entering America, he was detained and prosecuted for having the audacity to enter the country without the proper paperwork.

Yolo County’s Realignment Missing the Opportunity

prison-reformAB 109 and realignment have the potential to change the way that we do business at the county level and the state level.  Thus, it is disappointing that despite the fact that the process in Yolo County brought the stakeholders together, the plan became less about getting things right and more about protecting one’s funding source and thus one’s turf.

The process was laudable but flawed, bringing together various stakeholders in a Community Corrections Partnership (CCP) in hopes of creating a community based approach.

Former Davis Police Chief Hyde’s Antioch Legacy Ends in Federal Court Supervision

Hyde-2In 2006, embroiled in an ugly and polarizing controversy, Police Chief Jim Hyde abruptly left for greener pastures but not before firing some parting shots at the City of Davis and the Human Relations Commission, chaired at the time by my wife, Cecilia Escamilla-Greenwald.

Nearly three years later, Chief Hyde could apparently not get over his problems in Davis, as he fired shots at his former department in a small “indy” magazine in Contra Costa County.

Advocates Express Concern That County AB 109 Plan Lacks Funding For Mental Health Services

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One of the big problems facing the AB 109 budgeting process, at the county level, is that it takes a 4/5th’s vote of the Board of Supervisors to block the implementation of budget and recommendations put forth by the Community Corrections Partnership, made up of the various stakeholders in the process.

The problem, as one of the supervisors put it, is that the budget process turned into a funding security plan where the stakeholders were able to divvy up the budget in a way to protect their turf, rather than look at the best uses for money.

Shooter of Police Officer Dies in Custody

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Over the weekend, Tyrone Smith, 32 was arrested after being suspected of shooting a Twin Rivers Unified School District Officer multiple times during an attempted traffic stop.

The officer, just 25 and a police officer for less than two years, had been in critical condition but appears to have survived and is recovering after surgery.  A spokesperson for the Twin Rivers Police Department reported that the officer is in pain but “awake, talking and in good spirits.”

Realignment Has the Chance to Change Business as Usual

Cate-Dickinson-Landau.jpgThe real question, as we are now moving toward a month into realignment, is how California counties will decide to deal with realignment – do they change the way they handle a number of cases or do they simply try to add jail space?

Comments last week at UC Davis by CDCR Director Matthew Cate suggested that when we drill down numbers, we really need to re-think how we approach incarceration.

Commentary: The Promise of Realignment Dwarfed by Fear and Politics

Cate-Dickinson-Landau.jpgAfter a morning of good discussions and reasoned discourse at last week’s realignment dialogue, Los Angeles District Attorney Steve Cooley became unhinged.  Mr. Cooley had actually been an innovator, someone who pushed for change in the charging of third strikes to avoid sending the pizza thieves and cheese bandits to prison for the rest of their lives.

But something changed, in his ill-fated efforts to become the State Attorney General, where he was narrowly upset by Kamala Harris, after declaring victory the night of the election.

Vanguard Court Watch Event Will Highlight Cases of Wrongful Convictions and the Work of the Innocence Project

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On November 3, Yolo Judicial Watch will focus its attention, at its annual Fundraiser and Awards Ceremony Event, on the issue of preventing wrongful convictions. This event will feature, among others, Linda Starr, the Legal Director of the Northern California Innocence Project, which has played a strong role in a number of recent exonerations.

Maurice Caldwell, who will also speak at the November 3 event, was wrongfully convicted of a 1990 murder and had his verdict overturned last December, after spending over 20 years in prison. He was finally released this year around the first of April.

Crime and Punishment Revisited Part II : A Look At the Impact of Three Strikes

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As we discussed on Thursday in the first installment of this series on the UC Davis School of Law Program on “Crime and Punishment Revisited,” the application of AB 109, commonly known as realignment, figures to change the nature of the criminal justice system, but no one knows for sure just how.

Yesterday we talked about the reasons for AB 109 and the problems in the legal system, and today we will talk specifically about three strikes.

Crime and Punishment Revisited

Yamada-introPublic Officials Explain Realignment, Why We Need It, and Express Concerns About How It Will Be Implemented –

The application of AB 109, commonly known as realignment, figures to change the nature of the criminal justice system, but no one knows for sure just how.  On Wednesday, UC Davis School of Law had a program featuring policymakers, prosecutors, academics and other experts who discussed and debated just what AB 109 will mean and what will happen going forward.

This was not simply an academic exercise, as the panelists and audience members would be asked to draft recommendations that would be forwarded to the legislature.  This is the first of at least two, possibly three, installments covering the panels and discussion at UC Davis.