Court Watch Archives - Page 254 of 278

YJW Analysis: Marijuana Gang Case and Gang Laws

By uptownstudiosAugust 9, 2011

by Alex Clark
Special to the Vanguard –

On July 30^th, the Vanguard reported on a case that originated out of Davis. On May 5^th, 2010 law enforcement officers executed a search warrant at a home located on the 1500 block of Cypress Lane in Davis. The search produced multiple bags of marijuana, scales and US currency. Consequently, one resident, a minor, was arrested.

In the course of their duties, law enforcement intercepted a text message sent to the minor from “Chico,” a moniker law enforcement recognized as being associated with an individual by the name of Israel Covarrubias. Mr. Covarrubias, a defendant in the aforementioned case, had allegedly offered marijuana for sale. Law enforcement, unbeknownst to Mr Covarrubias, arranged a meeting between himself and the minor in which the former would sell one ounce of marijuana. Mr. Covarrubias is alleged to have agreed to meet the minor for this purpose.

Vanguard Court Watch Analysis: Yolo County with a Disproportionate Rate of Imprisonment

By David M. GreenwaldAugust 8, 2011

Vanguard Court Watch has analyzed newly available data on the number of prison inmates by county, and determined that Yolo County has a disproportionately high number of prison inmates compared to its size and crime rate.

According to the data, there are 3.95 persons in prison from Yolo County per 1000 people ages 18 to 64. While Yolo County ranks 20^th (out of 30) in crime rate among counties with over 100,000 population (ages 18 to 64), it ranks 4^th in the prison rate.

Elk Grove Officer Shooting Case Illustrates Need for Independent Police Oversight

By David M. GreenwaldAugust 7, 2011

In mid-July, the Sacramento County District Attorney’s office announced it would shut down the unit in Sacramento that had independently monitored police shootings to determine whether the officers’ actions were justified and whether the investigations into them were conducted thoroughly.

It sounds like an important unit on the surface, but the office’s investigations have not resulted in a single criminal prosecution for at least a decade.

Appellate Court Strikes Down DNA Testing for Arrestees

By David M. GreenwaldAugust 6, 2011

The First District Court of Appeal in San Francisco has struck down a 2004 voter initiative that took effect in 2009 that required anyone arrested on suspicion of a felony to be swabbed on an inner cheek for genetic material, which would then be forwarded to a database accessible to state and local police and the FBI.

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.

Governor Signs Senator Leno’s Legislation to Curtail Wrongful Convictions

By David M. GreenwaldAugust 4, 2011

On Monday, Governor Jerry Brown signed into law a measure that would help prevent wrongful convictions. The legislation, authored by Senator Mark Leno, ensures that no judge or jury convicts a defendant, or approves an aggravating factor in a crime that allows for a stricter penalty, based solely on the uncorroborated testimony of an in-custody informant.

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

Reisig Takes Full Credit For Streamlining Yolo County Court System

By David M. GreenwaldAugust 3, 2011

In a press release issued on Tuesday, Yolo County District Attorney Jeff Reisig attempted to take full credit for a reduction in court delays that, over three years, have been reduced by nearly 20 percent according to his office. The local media dutifully reported on this, doing little to no checking with the other key players.

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.

Free Advertising From the DA: Jury Questionnaires on Reading Habits, Does It Cross the Line?

By David M. GreenwaldAugust 2, 2011

Pop culture brings us the classic moment at the end of Star Wars, where the aging protagonist is about to turn over the reins to his protégé. Looking at his former pupil, Obi Wan says, “You can’t win, Darth. If you strike me down, I shall become more powerful than you could possibly imagine.”

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.

Vanguard Court Watch Editorial: $AVE OUR $TATE: KILL THE DEATH PENALTY

By uptownstudiosAugust 1, 2011

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.

Tempers Flare in Davis Case Involving the Sale of Marijuana with Gang Enhancements

By David M. GreenwaldJuly 30, 2011

What should have been a simple case involving the sale of a single ounce of marijuana and the possession of another ounce of marijuana, has been blown into a case where the defendants are facing 13 years in prison, due to gang enhancements and gang charges.

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.

Commentary: The Public is Speaking, But Is the DA Listening?

By David M. GreenwaldJuly 29, 2011

Last week, five people in Yolo County were acquitted by juries, another person the jury hung on, and a seventh person was convicted but only after acquittal on the most serious charge.

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

Vagos Motorcycle Gang Member Acquitted on Gun Charges

By David M. GreenwaldJuly 28, 2011

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.

DA’s Office Abuses Process To Intimidate Judge

By David M. GreenwaldJuly 26, 2011

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.

Lack of Identification of Defendants Leads to Acquittals in Alleged Gang Attack

By David M. GreenwaldJuly 25, 2011

In a case beset by identification problems and a grainy surveillance video that yielded few real clues about who did it and what did they do, it ended as it only could, in a split verdict – two acquittals, one hung jury, and one conviction of the lesser charges.

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.

Hunger Strike At Pelican Bay Brings To Light Conditions in California’s Prisons

By David M. GreenwaldJuly 24, 2011

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.

Charges Dropped Against Jesus Castro, Victim of Police Beating Speaks to Reporters and Community Members

By David M. GreenwaldJuly 21, 2011

Attorney Informs Vanguard That Video on Cell Phone Appears to Be Erased –

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.

In breaking news this morning, Attorney Anthony Palik informed the Vanguard “that the video was erased.” However, he added, “We do have a single image.” He said, “We are looking for a method of possibly rescovering” the video.

West Sac Police Deny Allegations of Wrong Doing

By David M. GreenwaldJuly 20, 2011

Defense Attorney Responds: “It’s clearly excessive force”

3 pm UPDATE: the DAs office has declined to file charges against Mr. Castro. The judge has ordered the cell phone turned over to his attorney. We will soon learn what really happened.

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.

Witness To Alleged Police Brutality Arrested, Camera Confiscated

By David M. GreenwaldJuly 20, 2011

Beating Victim Allegedly Told by Officer, “I’m beating you because you’re a Mexican”

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.

Deputy DA Couzens Continues Witch Hunt Against Already-Acquitted Defendant

By David M. GreenwaldJuly 19, 2011

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.

Why Former Death Penalty Adherents Are Turning Away From It

By David M. GreenwaldJuly 18, 2011

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.

Sunday Commentary: Our Jury System, Innocence and Ajay Dev

By David M. GreenwaldJuly 17, 2011

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.

by Alex Clark Special to the Vanguard –

Attorney Informs Vanguard That Video on Cell Phone Appears to Be Erased –

Defense Attorney Responds: “It’s clearly excessive force”

Beating Victim Allegedly Told by Officer, “I’m beating you because you’re a Mexican”

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by Alex Clark
Special to the Vanguard –