Court Watch

BREAKING NEWS: No Charges Filed Against Pepper Sprayed Protesters by DA

Pepper-spray

In news that likely will surprise no one, the Yolo County District Attorney’s office declined to file charges against the protesters that Lt. Pike and one of other police officers fired pepper spray at during UC Davis protests on November 18, 2011.

In a brief statement, the DA’s office said, “District Attorney Jeff Reisig announced today that there was insufficient information contained within the police reports submitted by the UC Davis Police Department to justify the filing of criminal charges against those individuals arrested during the November 18, 2011, confrontation with UC Davis Police during the ‘Occupy UC Davis’ protest.”

Chief Deputy DA Raven Cited by Judge Mock For Prosecutorial Misconduct

Yolo-Count-Court-Room-600Mock Rules the Violation Harmless and Sentences Defendant to 45 Years to Life in Prison

This week, the District Attorney’s office proudly sent out a press release trumpeting the conviction of Christopher Smith, who was sentenced to 45 years to life in state prison for the murder of Gidd Robinson on November 3, 2009.

The facts of the case can be found in the Vanguard’s original article back in December.  The two men had a confrontation that resulted in the shooting of Mr. Robinson by Mr. Smith.  Mr. Smith would claim self-defense, but critical errors in judgment by the defendant leading up to and following the shooting led the jury to a second degree murder conviction.

Judge Richardson Denies Motion To Set Aside Death Penalty, Sentencing Delayed Until February

In the Marco Topete trial, JTopete-Defenseudge Paul Richardson denied the defense’s motion for a new trial or a new penalty phase, or to strike down the death penalty and impose life without parole after allegedly improperly removing a juror who might have had qualms about imposing the death penalty in this case.

However, the defense has filed a new motion this week, after the California Supreme Court for the second time in a month struck down a death sentence due the improper removal of a juror.  The next hearing and sentencing date has been moved to early February, with legal experts mixed, at best, as to whether Judge Richardson ruled properly in this matter.

Board of Supervisors Approve Grant Application for Jail Expansion With a Twist

prison-reformArguing that this is not simply a return to business as usual by replicating the failure of CDCR at the county level, the County Board of Supervisors approved the application for the full 148-jail bed expansion, with the understanding that this money would go toward upgrading existing facilities and with the further understanding that Leinberger would be repurposed and, in fact, decommissioned.

The Board was assured that the operational costs of maintaining the smaller Leinberger was equal to the costs of operating the additional 148 beds called for in recommended Option 4.

Did Judge Richardson Act Appropriately In Dismissing Juror?

Topete-DefenseOn Thursday, Judge Paul Richardson will formally sentence Marco Topete in a case that has been anything but routine.  Back in November, a jury reached a unanimous verdict in the penalty phase, recommending the death penalty for Mr. Topete.  However, under 190.4(e) of the California Penal Code, the trial judge makes an independent determination regarding imposition of the death penalty.

At issue was the dismissal of Juror No.11, who sent the court a hand-written note asking to be excused from further deliberation and replaced with an alternate juror.  Following the brief inquiry, Judge Richardson made the decision to replace Juror No.11.

Yolo County To Decide on Jail Expansion

prison-reformMany perhaps forget, from three years ago, that the carrot for the placement of the state’s re-entry facility was a promise of jail expansion to meet the expanded needs of Yolo County into the future.  When the economy collapsed, that funding source fell apart, but it has now been revived without the attachment of the re-entry facility.

The Yolo County Board of Supervisors will decide on Tuesday whether to apply for grant funding to expand the current jail capacity by up to 148 beds.  The grant would require a more than $4.6 million county match with an ongoing operational cost of nearly $2.5 million annually.

Recent Supreme Court Decision Might Show the Way on Topete

Topete-DefenseAs the Vanguard reported on Wednesday, there are now questions as to whether Juror No.11 was properly dismissed on November 14 by Judge Paul Richardson from the penalty phase of Marco Topete’s trial for the murder of Sheriff’s Deputy Tony Diaz. This occured after a brief inquiry, in which he determined the request for dismissal was based on a language barrie

Juror No.11 sent the Court a hand-written note asking to be excused from further deliberation and replaced with an alternate juror.  Following the brief inquiry, Judge Richardson made the decision to replace Juror No.11.

Juror Believes Woman Improperly Dismissed From Jury in Topete Case

Topete-DefenseOn November 14, Judge Paul Richardson dismissed Juror No.11 from the penalty phase of Marco Topete’s trial for the murder of Sheriff’s Deputy Tony Diaz, after a brief inquiry in which he determined the request for dismissal was based on a language barrier.
Juror No.11 sent the Court a hand-written note asking to be excused from further deliberation and replaced with an alternate juror.  Following the brief inquiry, Judge Richardson made the decision to replace Juror No.11.

Three Strikes Case Falls Apart for District Attorney

Yolo-Count-Court-Room-600As we reported back in December, Tracy Foster was facing 25 years to life in prison, were he to be convicted of two felony counts of receiving stolen property for allegedly taking scrap metal out of bins outside the Cooling Plant of UC Davis, and cashing them in at a Woodland recycling center.

Originally, Judge Shockley had held Mr. Foster and his co-defendant Pamela Logan, who faced similar charges but not 25 to life, to answer on both counts for two different incidents, one on March 26, 2011 and the other on June 12, 2011.

A Look At Yolo County’s Brady Policies

Scales-of-Justice.jpgYesterday’s story on Michael Morton and the story that emerged earlier this year. when the US Supreme Court ruled that the prosecutors in the John Thompson case could not be held liable for the destruction of evidence that was used to wrongfully convict Mr. Thompson, lead us once again onto the path of looking into ways to prevent wrongful convictions.

Since the 1963 US Supreme Court decision in Brady v. Maryland, the courts have held that prosecutors cannot withhold exculpatory evidence – evidence that could potentially exonerate a defendant – as it violates due process “where the evidence is material either to guilt or to punishment.”

Attacking Prosecutorial Misconduct

morton-michael

In October, Michael Morton walked out of a Texas Courtroom after his 1987 murder conviction was overturned because of new DNA evidence pointing to another man.

To his credit, Williamson County District Attorney John Bradley joined with the Innocence Project in seeking Mr. Morton’s release, after it was discovered that the DNA of an unnamed male was linked to the Morton crime through a bandana that also contained the blood of the victim, and was also found at the scene of a later murder in Travis County.  The unnamed male is now under investigation for both crimes.

Conservative California Chief Justice Speaks Out Against the Death Penalty

Cantil-SakauyeTani Cantil-Sakauye’s appointment to chief justice by then-Governor Arnold Schwarzenegger marked a huge moment locally, as she grew up in Sacramento and is a graduate of the UC Davis School of Law.
While known as one of the high court’s more conservative members, she has turned heads as she said, in an interview with the Los Angeles Times, that “the death penalty is no longer working for the state” and she urged a reevaluation of it.

Topete Unlikely To Ever Be Executed As Support For Capital Punishment Wanes and Court Cases Continue To Stall Executions in California

death-penaltyThe Yolo County District Attorney’s office has just spent three and a half years and unknown quantities of money to get the death penalty in what should have been a slam dunk case.

It is still unknown at this point whether the decision by the jury to impose the death sentence on Marco Topete will stand – given doubt expressed by one of the jurors, and her dismissal from the sentencing phase, ostensibly due to language barriers. That explanation is complicated by recent revelations by another of the jurors, who indicated to the Davis Enterprise that there was more to the story than just this.

Forgotten Murder Case: Murderer Faces 45 to Life After Jury Fails to Buy Self-Defense

police_tapeIt was a case that had all of the intrigue – a red-headed boy-next-door looking defendant, turned racist gun-nut, who shot a black man claiming self-defense. But ultimately the jury failed to buy the self-defense theory and convicted Christopher Smith, 31, of second degree murder with enhancements, that put the likely sentence to 45 to life.
If Christopher Smith looked like the boy next door, it is because he was one, with fiery red hair, two young kids, a clean record.  But the recession had not been kind to Mr. Smith, he was in and out of work, struggling through his second marriage, and trying to take night courses at the local community college to build up his résumé.

When Does A Building Become an Inhabited Dwelling For the Purposes of Burglary Considerations?

burglarDeputy District Attorney Sulaiman Tokhi argued that this is a case where “bad liars meet good evidence.”  During these troubled economic times, crimes involving the stealing of metal pipes such as copper and turning them into recycling centers have increased in numbers.

In this case, co-defendants Nicholas Cummings and Penny Burkett would be convicted of first degree burglary and vandalism, with Mr. Cummings also being convicted of possession of burglary tools.

Court in First Amendment Case Overrules Prosecutorial Immunity

Scales-of-Justice

Eight years ago in Colorado, authorities showed up at the home of Tom Mink with a warrant to search for evidence of “criminal libel.”  Mr. Mink had developed a satiric internet publication, The Howling Pig.  Mr. Mink, then a University of Northern Colorado student, was being prosecuted for libel for what he claimed were protected First Amendment satirical writings.

The authorities did not agree, but eventually Mr. Mink was not only vindicated but, after three trips to the Tenth Circuit Court of Appeals, a $425,000 settlement finally ended a marathon legal battle over free speech that began on December 12 eight years ago.

Memory Expert Helps Explain Problems With Eyewitness Identification

Loftus-GeoffreyFive young codefendants were facing nearly 20 years in prison for an attack on January 24, 2011.  The co-defendants, four of whom were minors, faced charges of robbery, assault and gang enhancements.

The District Attorney’s office may have felt this was a slam-dunk case, refusing to make plea bargains that would put the four minors back into the juvenile justice system.  After all, the individual, who claimed he was attacked by five or six individuals on the evening in question in West Sacramento, identified all of them at the scene, and they were caught within a block or two of the crime within an hour of the 911 call.

Examining DA’s Overreach on Gang Charges in Five-Defendant Case

gang-stock-picIn the recent multi-defendant case in which five youngsters were alleged to have jumped, assaulted and robbed an individual, the Yolo County District Attorney aggressively pursued gang charges despite very thin evidence of gang involvement for the youths.

While much has been made about the importance of grant and other financial considerations for the pursuit of gang charges, there is another element as well – leverage. The ability of the district attorney to “direct file” these youths as adults was based entirely on the gang charges.

Defendant Faces 25 to Life for Allegedly Stealing Scrap Metal Out of Dumpster

Protester-Prison-SpendingIn early 2010, the Vanguard reported on the case of Robert Ferguson, who faced life in prison for stealing a package of shredded cheese from the Nugget Market.  Ultimately, after unfavorable press, the District Attorney dropped pursuit of the third strike and Mr. Ferguson for his minor crime, and he was instead was sentenced to nearly eight years in prison.

The Vanguard has now learned that co-defendants Tracy Foster and Pamela Logan face 25 to life charges in a case that involves two counts of receiving stolen property – in this case, scrap metal out of a trash receptacle.

Gang Case Falls Apart For Prosecutor Following Poor Eyewitness Identification Techniques

gang-stock-picOn January 24, 2011, a white male in his twenties, a musician in a band, was walking home from his drummer’s house on Sacramento Avenue (in West Sacramento) at 10:30 pm on a Monday night.  He was wearing headphones when he was approached by a person in a Michael Jordan jersey, who asked where he was from.

When he responded that he lived right there, he was told, “You better get your ass there now.”  As he continued, a group of young individuals came toward him and one of them said, “We’re here to check your pockets.”