Court Watch

Was a Man Fixing His Truck or Concealing Deadly Weapons?

Yolo-Count-Court-Room-600Jury Ultimately Believes Man over Police Officer, But It Is Ultimately a Costly Experience –

Fernando Ortega, on November 6, 2010, was having a belated birthday party at his home when his friend informed him that he had left the light on in his truck.  He saw the lights on his car had dimmed and believed he had a dead battery.

Mr. Ortega went out to take out his battery, and for some reason was confronted by the police.

Commentary: Further Examination into the Unreliability of Confessions

interrogator.jpgAfter some lengthy discussions about the interrogation process, following the conviction of Bennie Moses for the rape of his daughter over a nine-year period, it seems that there is a need to revisit the issue of false confessions.

To be extremely clear, in the Bennie Moses case, there is no reason to believe he falsely confessed. However, we do believe, with a good deal of justification, that the interrogation tactics used were improper, even if they were likely completely legal.

Defense Attorney Fights Back Against Drug Charge and Wins

methJury Acquits Woman of Drug Possession, Transportation, Despite Police Finding Drugs on Her –

On the surface it should have been a routine drug case.  After all, police found drugs on the defendant Maria Cortez late at night on June 1, 2010.  She admitted that she was high on meth at the time of the incident and a blood test confirmed it. 

And yet a jury acquitted her of possession of meth and hung 10-2 in her favor (presumably) on a charge of transportation of marijuana.  The DA immediately dismissed the second charge, a misdemeanor count.

Man Convicted of 62 Counts of Raping His Daughter

Yolo-Count-Court-Room-600Last week a Yolo County Jury convicted Bennie Moses of 62 counts of rape and a variety of sexual assault and sex with minor charges, stemming from a string of incidents in which the defendant had sex and forcible sex with his daughter from the time she was 12 until she was 21.

In July of 2009, Mr. Moses was arrested by West Sacramento Police after an individual named Hakim helped the daughter escape Mr. Moses and called the cops.  They had been staying in a West Sacramento hotel at the time of the arrest.

DA’s Attempt to Pull Plea Deal Overruled by Judge

iceHumberto Morales was arrested in Davis last year.  He was stopped at 7:45 am by the Davis Police Department who found car stereos and CD players with wires sticking out of them in his vehicle.

Within an hour the police department was able to locate a victim whose car had been burglarized.  Within Mr. Morales’ vehicle was a number of stolen items.

Did Innocent Man Commit Suicide After Wrongful Imprisonment?

Yolo-Count-Court-Room-600It was a rainy day in February as a group of over 100 friends and family gathered to pay their respects to Richard “Andy” Schirnhofer.  Funerals are never easy, but especially when they are that of a twenty-year-old, taking his own life in a prison cell far from the comfort of home.

This one was particularly hard.  His friends, carrying out his casket, formed the word  “injustice.”  I did not know Mr. Schirnhofer, but the experience was very moving.  The consensus was that he was no saint, he had his problems, but he seemed universally loved and admired by those in attendance.

Student Alleges Unlawful Arrest in Suit Against Police, DA

police-lineLast summer, the Vanguard covered the trial of Brienna Holmes in which the jury split on both counts.  They voted 10-2 to acquit Ms. Holmes of a battery charge and 6-6 on a charge of resisting arrest. 

The DA in this case decided not to refile the charges and Ms. Holmes has now filed a federal lawsuit which alleges her treatment violated her civil rights through unreasonable seizure, excessive force, malicious abuse of process and battery.

Commentary: Under the Guise of Victim Advocacy

victims-advocacy-notinourname Yolo County gears up for a death penalty case, in the case of Marco Topete, accused of shooting and killing Yolo County Sheriff’s Deputy Tony Diaz back in 2008.  Like many in this county who have suffered from violent crimes, the family of Deputy Diaz has been brought into court to watch the proceedings with help from victims’ advocates, generally funded through grants in the DA’s Office.

In our view, we commiserate with their likely unbearable pain that they have had to suffer for all too long, and hope that this trial can provide them with both the closure and solace that they need.

Yolo County Becomes Focus of Nationwide Gun Debate in Federal Lawsuit

Sheriff-PrietoA federal court on Thursday heard arguments in a case where gun-rights advocates have challenged the courts to determine how much discretion California’s law enforcement officials have in issuing concealed weapons permits.

County Sheriffs, the plaintiff argue, who handle the bulk of these situations, must issue permits to anyone who completes a training course and has no mental health problems or criminal background.

Illinois Bans Capital Punishment As Yolo Prepares For Its Death Penalty Case

topete-marcoJury selection has begun this week in the Yolo County Courthouse in Woodland. The task will be tall, picking a death-qualified jury in the case of Marco Topete, who is accused of murdering Yolo County Sheriff’s Deputy Tony Diaz.

In that case, Defense Attorneys were rebuffed by Judge Paul Richardson in their effort to exclude the death penalty, based on the excessive delay in California’s administration of the death penalty, that is argued to constitute cruel and unusual punishment.

Prosecutorial Tricks and Another Reason Why Confessions Ought to Be Limited For Establishing Guilt

interrogator.jpgWe have been following the case of Bennie Moses, in which the trial began early last week.  Mr. Moses faces multiple lifetimes in prison if convicted of charges that included raping and having sex with his daughter from the time that she was 12 until she was 21. He was arrested in July of 2009.

We will have a fuller discussion of the nature of the charges and the arguments in this case when the case concludes and the jury reaches its verdict.

Defendants in Alleged Hate Attack on Taxi Driver Plead No Contest

Yolo-Count-Court-Room-600

On Monday morning, as the trial was set to begin, Public Defender Tracie Olson announced there was a possible settlement in the case in which  Pedro Ramirez and Johnny Morales were accused of a brutal attack on a Sikh taxi driver November 28, 2010.

After a lengthy meeting in chambers, Mr. Morales announced he would plead to a probation charge, a single count of assault by means of force likely to produce great bodily injury, which would not carry either a prison sentence or count as a strike.  He would be required to pay $15,000 in restitution to the victim.

What Will the Loss of Ten Sheriff’s Deputies Mean for Yolo County?

Sheriff-PrietoLast week as we arrived at court, we discovered a number of familiar faces gone.  Deputy Sheriffs who provide security among other services to the court had been laid off.

Because of state laws which require the sheriff to adequately staff the courthouse, Sheriff Ed Prieto was forced to move deputies from the field to the courthouse.  That means there are now ten fewer Sheriff’s Deputies in the field protecting the community.

Twenty Years Later Rodney King’s Legacy is Still Mixed

Rodney-King-cap

Ernesto Galvan and John Hesselbein Illustrate How Far We Must Still Go –

“Well Martin’s dream has become Rodney’s worst nightmare. Can’t walk the streets, to them we are fair game, our lives don’t mean a thing…  Make sure it’s filmed, shown on national T.V.  They’ll have no mercy.  A legal lynch mob like the days strung up from the tree. The L.A.P.D.” – Ben Harper 1995.

This past week marked the 20-year anniversary of the beating of Rodney King.  I watched the special on CNN, and it was interesting to see how much Rodney King has cleaned up his life.  He did say the nightmares are still there, however.

Appeals Court Overturns Medical Marijuana Ruling by Yolo Court

marijuana2Ruling by Judge Illustrates Resistance in Yolo County to Recognizing State Laws on Medical Marijuana –

There is mounting evidence that despite the legal status of medical marijuana in California, and the Board of Supervisor’s approval of medical marijuana cards, that the official policy in Yolo County runs counter to state law on this matter. 

In many jurisdictions, law enforcement begins an approach for possession of marijuana with a question as to whether the individual has a medical marijuana card.  That does not appear to be happening in Yolo County, in fact just the opposite, as law enforcement appears to arrest individuals and put the burden on them in a court of law to confirm that they have a legal right to possess the drug.

Charges Further Reduced in Davis Gun Incident As Facts Continue to Emerge

police-lineJudge Timothy Fall on Thursday further reduced the charges faced by Nicholas Benson, stemming from the January 21, 2011, incident that captured regional headlines after he was arrested for making threats to harm himself and others,  and carrying an assault rifle with over 100 rounds of ammunition in his vehicle.

Following his preliminary hearing, Mr. Benson now only faces a single felony charge for possession of an assault weapon.  Judge Fall reduced the second charge, which had been a felony obstructing an executive officer, down to a misdemeanor after officers admitted on the stand that Mr. Benson did not strike them or use force to resist their commands.

Impartiality of Yolo County DA’s Office Investigation into Gutierrez Shooting

reisig-2009By Alex Clark –

What constitutes an independent investigation appears to be a major point of contention among members of the community.  In this context, an independent investigation appears to refer to the department or agency investigating the conduct of another with whom they are not officially responsible for or in charge of.  What’s more, an independent investigation can rely on the information previously produced by law enforcement agencies when determining what action to take.

With that said, questions regarding the impartiality of the DA’s investigation into the Gutierrez shooting have been discussed in the past.  The DA’s direct involvement with the Yolo County Gang Task Force has some wondering whether or not they should have handled any part of the investigation into the conduct of the sergeant and deputies much less conducted their own independent investigation.

Does 27 Years for a 373 Dollar Robbery Serve the Interest of Justice?

Yolo-Count-Court-Room-600Last week, the Vanguard reported that Leighton Dupree was sentenced by Yolo County Superior Court Judge Janet Gaard to 27 years to life in prison for a bank robbery he committed on January 12, 2010.

Mr. Dupree was convicted back in October of second degree burglary.  He had two prior serious felonies as well, which contributed to the length of the term.

Investigative Piece Highlights Inadequacies in Prison Health Care System

prison-reformOne of the fallacies in the criminal justice system is that the system provides adequate health care for the prisoners.  This issue came up, interestingly enough, last week when we reported on Leighton Dupree receiving a 27-year prison sentence for a bank robbery in which he carried no weapons and ended up stealing three hundred eighty-seven dollars.

A commenter remarked that at least the individual would be getting good health care.  Ironically, the same week Dan Noyes, chief Investigative Reporter for San Francisco’s KGO-TV, came out with a report about problems that persist in the prison health care system.