Court Watch

We have spent the last few weeks criticizing the Woodland Daily Democrats’ coverage of the court system, but they deserve credit for breaking what could develop into a major story.  Covering the arraignment for a DUI case, they uncovered something very odd.

In a sad and tragic story, 19-year-old defendant Timothy Patrick Hernandez was charged with two counts of felony gross vehicular manslaughter, one count of felony DUI with an enhancement for causing great bodily injury and one count of misdemeanor driving without a license, after an arrest early Saturday morning for suspicion of felony DUI.

Now we have really done it, we started the debate on media coverage and now the DA has been forced to weigh in on it.  Our complaint was reignited a few weeks ago when the DA released a press release on the Michael Artz trial, a case in which Mr. Artz was acquitted on the main charge but the press release never mentioned that and in fact went on to imply that he had been convicted of charges that he had not even been tried on.

The local media then, as is customary, ran the press release verbatim and implied that they had written it by putting the byline as “Staff” rather than “Press Release from the DA’s Office.”

We started the Yolo Judicial Watch project at the beginning of this year believing that there were fundamental problems in the Yolo County Judicial System.  Having observed and attended hearings and trials for nine months now, if anything, I think things are a lot worse than I had envisioned.

I think it is important to remember however, that these problems are often not exclusive to Yolo County.  That can provide comfort or disquiet.  I hear that point all of the time, in response to articles that these individuals were convicted by a jury.  I understand that point of view, but I think even a jury finding must be treated with some skepticism.  Two recent studies may even suggest that they should be treated with alarm.

While right wing pundits will often complain about the liberal bias of the media, media analysts, scholars and critics point to a much more pervasive and structural problem that underlies media reporting.  It does not have a left or right component to it.  Rather it is a pro-government stance, due to the heavy reliance of the news media on official government sources in order to obtain their stories. 

Nowhere do we see this as starkly or with a more candid admission than in this morning’s commentary in the Woodland Daily Democrat written by Jake Dorsey, the associate editor.  He argues that journalists have to walk a fine line, especially with the police.

After a two year lull in the case of Marco Topete, who allegedly shot Sheriff’s Deputy Tony Diaz in June of 2008, the case has resumed and remains as controversial as ever.  Three weeks ago, Mr. Topete dismissed his counsel and moved to represent himself.  Now he is seeking a continuance and to disqualify the court, after what he described in a motion as questionable conduct on the part of Judge Richardson.

On Monday, Judge Richardson announced that there was a motion to disqualify the court and that motion would take precedence over all other matters.  Judge Richardson said in court that he had not received a copy of the motion until now, he acknowledged receipt of it, and announced his intention to file a response to the motion.

When we reported on Jesus Arias back in mid-August it seemed likely he was facing prison time, and probably lengthy prison time, after being convicted of a violation of probation for having a rifle in the closet of the room he and his mother shared. Furthermore, he was convicted of possessing the stolen weapon, and a gang enhancement.

The weapon was discovered when the Gang Task Force of Sargent Dale Johnson, along with Hernan Oviedo and Hector Bautista – the same trio involved in the shooting of Luis Gutierrez in 2009 – conducted a probation search of Mr. Arias’ home that he shared with his mother and sister.  They asked him if he had any weapons and he pointed to a rifle in the closet of the room he and his mother shared.

On Tuesday, the California Department of Insurance Fraud Assessment Commission unanimously voted to again give the Yolo County DA’s office $254,000 in grant money for their fraud prevention program. 

The county has apparently received funding under the grant since 1994.  “It’s based on performance,” said Lt. Dan Stroski an investigator with the DA’s office that heads up the program, a few years back. “The Fraud Assessment Commission likes the job we are doing.”

What has been portrayed by both the DA and the media as a pair of innocent brothers who went to the park to play basketball, and instead were brutally attacked by the Broderick Boys gang, is emerging in a very different light after a of day of 17-year-old victim James Hopkins both testifying and being placed under an intense cross-examination in the Gang Injunction case by defense attorney David Dratman.

Sacramento Police Officer Roger Kinney told the court that on March 19th he was called by dispatch to a large fight involving 25 to 40 people.  He approached James Hopkins and his 16-year-old bother Reece (pronounced Ree-cy) and found both of them severely injured.

Just prior to the break for a few weeks, Judge Kathleen White told the plaintiffs in the West Sacramento Gang Injunction trial that she would be very disappointed if there were not real people, who can testify that this gang presents an actual nuisance to the community, brought in by the DA’s office, rather than a series of police officers and other expert witnesses.

This week, the DA’s office has sought to address that apparent shortcoming by announcing additional witnesses, including James and Reece Hopkins, who were the supposed victims of what the DA’s office is calling a vicious gang attack in Memorial Park this March.

When Marco Topete, the accused killer of a Yolo County Sheriff’s Deputy, suddenly dismissed his counsel a week and a half ago, there were still questions that remained.  Judge Paul Richardson retained Thomas Purtell as an assistant counsel to help Mr. Topete with legal motions and other technical matters.

However, from the start Mr. Purtell argued that he lacked the resources and apparently even the physical vitality, at age 82, to effectively perform the role he had been assigned to.

A few weeks a strange series of incident occurred involving what should have been a routine medical marijuana case.  In most counties, medical marijuana is a rather straightforward issue.  As long as the individuals have valid medical marijuana cards, the state and local law enforcement does not get involved.  However, our understanding is that Yolo County, despite state law and county orders, refuses to recognize state law, only federal law.

So, three individuals were arrested transporting medical marijuana to a dispensary.  They all have valid 215 medical marijuana cards.  Several people have told the Vanguard that in any other county there would have been no arrest.

The question of wrongful convictions is a vexing one.  The best data and research seems to be in the area of death penalty cases.  Death penalties cases are both a good and bad test area for exposing wrongful convictions overall in the system.  They are good because there has been a lot of scrutiny and focus on death penalty cases.  Appeals are automatic.  Data is prevalent.

On the other hand, the death penalty cases also expose the most biases in the system.  For instance, the difference between whites and blacks receiving death sentences is far greater than the white versus black discrepancy in the overall criminal justice system.

I do not wish to pile on at this point.  I understand local newspapers are hurting and I understand, as Woodland Daily Democrat Editor Jim Smith communicated a few months ago, that the lack of resources mean practicing journalism in ways that local papers would prefer not to do.

Back in June, Jim Smith acknowledged the problematic nature of simply re-printing press releases.  Mr. Smith writes, “Years and years ago, The Democrat — like many other newspapers — had a policy of not publishing a “press release” from any public agency until it had been “fact checked.” Preferably, the release was taken and rewritten with appropriate attribution provided, as well as reviewed for background information with a trip to the agency, or office, in question if necessary.”

Over two years ago, Marco Topete allegedly shot and killed Yolo County Sheriff’s Deputy Anthony Diaz.  The evidence in support of that is strong and compelling.  Yet from day one, the case has been fumbled all over the field.

On June 18, 2008, Mr. Topete was to be arraigned on charges that included the first-degree murder of a Yolo County Sheriff’s Deputy.  The media and public, including Mr. Topete’s family, were locked out of that hearing.  Deputy Diaz had himself been a bailiff in these courts, and evidence suggests that on the arraignment day other courtrooms recessed early, allowing their bailiff-deputies to go and fill up spaces at the arraignment.

On January 20, we launched the Yolo Judicial Watch project as a focused effort to monitor and track cases that go through the Yolo County Judicial system.  The idea was to report to the public on what happens in an area of our government that they often have limited access to.  We do not have TV in our local courtrooms.  We do not have regular news coverage either.

Often, all the public has to go on is the first-hand coverage of a few high-profile cases and the press releases from the DA’s office that are biased and often run verbatim in the local newspapers and local media.

The Vanguard has complained in the past of the sometimes misleading press releases coming  out of the Office of the District Attorney, Yolo County.  However, Monday’s press release on the Michael Artz case really takes the cake.  Nowhere does it mention that the jury acquitted  Mr. Artz of the main charge, forced oral copulation.  It instead focuses on elements, most of which were either never charged by the DA or were exonerated by the jury.  The local media did themselves and the public no favors by posting the press release verbatim.

On Monday, The Vanguard spoke for a second time with Defense Counsel for Mr. Artz in the criminal trial, Kathryn Druliner.  She stated that “[The DA’s press release] absolutely misstates what happened.  He was acquitted by twelve people of the only charge over which the jury had discretion.  That is the charge that he forced [the victim] to engage in any sex act.”

A Yolo County Jury Friday found Michael Artz, a graduate of Davis High School, not guilty of forced oral copulation for an incident that occurred more than two years ago involving another Davis High Student who was 16 at the time.  However, they did find him guilty of two felonies, oral copulation with a person under 18 and contact and communication with a minor with the intent to have sexual relations. 

Mr. Artz had just turned 18 at the time of the incident and was just a year ahead of the victim in school.  Yolo County Deputy DA Tiffany Susz was unable prove that the encounter was non-consensual, and instead was only able to prove that Mr. Artz received oral sex from a minor.  For that transgression, he may now have to register as a sex offender for life.

The ongoing California budget crisis has put huge strains on large sectors of the economy as businesses and people are in financial trouble.  In particular, it is putting a huge strain on those entities who rely on state money to provide various services to the population. 

The Vanguard has learned that several local Drug Treatment Facilities have stopped receiving payments since  March of 2010.  As a result, while they are not closing their doors, they are laying off staff members and releasing patients from their facilities.

In one of the more high profile cases in Yolo County from the summer of 2008, Marco Topete allegedly shot Yolo County Sheriff’s Deputy Anthony Diaz near the town of Dunnigan.  Deputy Diaz had attempted to pull over Mr. Topete on suspicion of drunk driving, and discovered a four-month-old girl inside.  Deputy Diaz died at the hospital later that night.

The case received even more notoriety however when the press and family members were locked out of the courtroom during arraignment.  This led to a series of accusations from the media, including this site, about the propriety of the process.  Attempts to have the venue moved outside of Yolo County have proven futile, despite the fact that the victim worked in the Courthouse for years and knew the staff, the Judges, the attorneys, and the bailiffs.