Court Watch

While courts have upheld the DNA testing of those convicted of crimes, “An individual… who has not yet been the subject of a judicial determination of probable cause, falls closer to the ordinary citizen end of the continuum than one as to whom probable cause has been found by a judicial officer or grand jury,” Presiding Justice J. Anthony Kline said in the 3-0 ruling.

The bill implements a 2006 bipartisan recommendation of the California Commission on the Fair Administration of Justice – a law that former Governor Arnold Schwarzenegger had vetoed several times, despite the fact that similar laws are in effect in at least 17 other states

As one person told the Vanguard, “He is accepting full credit for something he’s only partially responsible for.”  Indeed, if anyone deserves credit it might be Judge David Rosenberg who, as presiding judge, has helped to streamline the functions of Yolo Superior Court.

Perhaps the more contemporary example works better, when Keith Olbermann first began his show, then on MS-NBC, and he went about attacking Bill O’Reilly who was the heavyweight of the cable political talk shows.

The worst crimes across the nation for which people have been sentenced to death have a common theme of incomprehensible cruelty and suffering inflicted on helpless people.  In the face of such crimes it is hard for some to object to the death penalty. 

However, a recent study, by Ninth Circuit Court of Appeals Judge Arthur Alarcon and Loyola Law School Professor Paula Mitchell, of correctional records reveals the stunning toll that legal proceedings take on the financial resources of our state.  In the face of the staggering cost of capital punishment, California can no longer afford the legal proceedings required, by law, to put a person to death.

The preliminary hearing was held on Friday in Judge Janet Gaard’s courtroom.  The contention was based on the gang charges, which as we will see, seem tenuous at best.  It was an unusually charged atmosphere, as this case has been dragging on for over a year. The defense attorneys have attempted in vain to get the gang charges dropped, at which point the clients apparently would be willing to plead to the transportation of marijuana charges.

Something is changing.  To be very frank, we have seen much weaker prosecution cases end in convictions than the ones we saw last week.

Last week, Yolo County jurors acquitted five defendants in four different trials, hung on the verdict of another, and convicted just one, acquitting on the most serious charge of aggravated mayhem in the case that we covered earlier this week.

Rodney Snow, an alleged member of the Vagos Motorcycle Gang, was acquitted on three counts of possession of a firearm by a person previously convicted of a felony, carrying a loaded firearm in a public place or vehicle and receiving stolen property. He also faced gang and weapons enhancements that were not considered, due to the acquittals.

Britt Davis faces multiple felonies for making threats to and dissuading a witness. It would appear to be a domestic violence case, as there is a protective order signed providing for no contact with two individuals.  However, in this case, at least at this time, that is secondary.

What is primary is that this case gives us good insight into the strategic practices of both the Yolo County District Attorney’s office and the Yolo County Public Defender’s office.

Four individuals approached a vehicle at a Woodland gas station.  They rush to the car, surround the vehicle, prosecutor Robin Johnson argues, for the purpose of preventing the victim from exiting the vehicle.  They attacked the victim – punching and kicking him.

The focus in recent months has been on reducing the costs in the prison system.  But part of what underlined the US Supreme Court decision was the actual conditions in California’s prisons.

In May, in a 5-4 decision, the Supreme Court ruled that conditions in California’s overcrowded prisons were so bad that they violate the Eight Amendment ban on cruel and unusual punishment.

A gathering of perhaps 40 community members met with reporters on Wednesday night in front of the West Sacramento City Hall to chronicle and speak out against what they call an act of police brutality.  Police officials have denied such allegations, stating that they took appropriate action to subdue and take into custody a subject who was resisting arrest.

The Vanguard reported earlier today that West Sacramento resident Jesus Castro was arrested and had his camera confiscated by West Sacramento police while videotaping an incident of police brutality according to Attorney Anthony Palik and other West Sacramento activists.

Activists are complaining that West Sacramento police have arrested an eyewitness to police brutality and took his camera.  Jesus Castro is currently in custody and faces arraignment today on charges of public drunkenness.

According to activists who will be holding a protest outside of the West Sacramento City Hall today at 6 pm, on Sunday July 17th, West Sacramento resident Jesus Castro was arrested and had his camera confiscated by West Sacramento police while videotaping an incident of police brutality.

Witch hunts are nothing new to Deputy District Attorney Ryan Couzens.  He once had his own victim arrested and charged with attempting to influence a juror to acquit the defendant.

Angry that probation was recommending probation in a case involving a stolen gun, he charged the defendant with possession of Pruno, which had never been done before, in an effort to coerce the defense to take a prison sentence.  It did not work, but as the result, inmates in Yolo County are now being periodically charged with Pruno, just so the defense can never again claim it was never done before.

In the late 1980s and early 1990s, the death penalty became almost a third rail in politics, no one would dare criticize it.  When they did, they got crucified for it as Michael Dukakis clumsily answered a question as to what he would do if his wife were brutality raped and killed.

Given the landscape of two decades ago, it is remarkable that we now see a California legislator proposing a bill that would convert all current death sentences to life without parole.

I am constantly told that we have the best legal system in the world.  I don’t know if that is true or not, but suppose it is true, does that mean it is beyond reproach?  Does that mean that we cannot work to improve it, that we should sit back and not question things when they go wrong?

I have seen dozens of trials over the last 18 months and read intimidate details from dozens of other trials, and on a regular basis I see things that should give us concern.

For the past few years the city of West Sacramento has been placed under various gang injunctions.  Some have said the injunctions have helped reduce violent crime there recently.  Though that may be true, it tells us only about the good, and not the harm, that the injunctions may have done to the people who have to live under them.

Top county law enforcement officials have said that the gang injunction is fair, balanced and effective.  However, lifelong residents of West Sacramento, with whom the Vanguard spoke, who have had first-hand experience at the receiving end of the injunctions, described a different reality.

The supporters of Ajay Dev, who is serving a 378-year sentence that his friends and family believe is unjust, were finally able to provoke a response this week from the powers that be.

On Wednesday, two years after the conviction that his supporters believe to be wrongful, 250 to 300 people hit the streets in protest.  But it was another tactic that appeared to generate the response, in that every time someone filled out an online petition, the petition was set to generate emails to critical politicians and media that had previously ignored the efforts.

It has been two years now since Ajay Dev was convicted of raping his adopted daughter over 750 times over a five-year period and sentenced to 378 years in prison.  Since that time, family and friends have worked tirelessly to prove his innocence.

Usually, when activists will hold a protest, the first turnout is relatively large but the numbers decrease steadily over subsequent protests.  That has not been the case here.  If anything, two years after the verdict, we see more outpouring of support, and by all accounts this may have been their largest protest ever with between 250 and 300 people in attendance.