Court Watch

The Vanguard Court Watch 3^rd Annual Dinner & Awards Ceremony has been set for Saturday, November 9^th at the Davis Veterans Memorial Center starting at 5PM.  The theme this year is “Restorative Justice & Reforming the Judicial System.”

We have an exciting line up that you won’t want to miss including Public Officials of the Year Assemblyman Ammiano who will speak on his “Innocence Project Bill” AB 604 and Public Defender Jeff Adachi will speak on Indigent Defense 50 years after Gideon v. Wainwright. We also have Fresno County Judge David Gottlieb, who is our Keynote Speaker and who will speak during the Restorative Justice Education portion of the event and talk about a restorative justice program he has implemented in his courtroom.   This year we will honor award recipients:

When James Mings was alleged to have murdered Kevin Seery, Davis had its first murder trial in years.  However, a strange thing happened on the way to that attempted murder conviction – evidence emerged in the trial that Mr. Mings, while intending to kill Mr. Seery and perhaps believing he did kill Mr. Seery, ultimately was not the one who did kill Mr. Seery.

That revelation should have left both the police and district attorney’s office with egg on their face, as they never charged the accomplice with murder, and, now this week, they will be attempting to salvage the case that probably more resembled assisted suicide than murder by getting Mr. Mings on the premeditation determination that would affect the length of Mr. Mings’ prison sentence.

by Antoinnette Borbon

A much thinner young man these days was Daniel Marsh, who was brought into the courtroom today to hear whether or not the defense was ready to set a definite date for trial. Mr. Marsh, who is charged with the deaths of two elderly people in South Davis, will stand trial soon for the alleged crimes. He has pled not guilty.

Daniel Marsh, 16, has been charged with double homicide. On April 14, 2013, the bodies of Oliver Northup and Claudia Maupin Northup were found in their home on Cowell Blvd. Authorities were called to do a welfare check on the couple, only to discover the two deceased in their bed.

By Kaiti Curry

As day two of trial continued in People v. Ellis, Judge Stephen Mock and fifteen jurors heard from both victims.  Defendant Kevin Ellis could very well be facing life in prison if the jury finds him guilty of the multitude of charges against him.

While there was some confusion regarding the timeline of events and the sexual acts which occurred, the foundation of the allegations were testified to by both Child Doe One and Child Doe Two.

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.