Yolo County

Central Park Five Vividly Illustrates Anatomy of Wrong Convictions

centralpark5_0Hopefully you caught PBS’s Tuesday night broadcast of the Central Park Five – if not, I highly recommend it.  Ken Burns remains among the finest contemporary documentarians, presenting the story of five teenagers in late 1980s New York who were railroaded into providing false confessions and ultimately wrongfully convicted of committing one of the most horrific non-murders one can imagine.

Ken Burns did a masterful job of setting the scene, as author Eisa Nefertari Ulen, writing in the Washington Post on Tuesday, notes, “New York was just emerging from the near-bankruptcy of the 1970s and entering a period of lavish conspicuous consumption that was fueled by Wall Street in the 1980s. Black culture was just emerging from the empowerment of the Black Power Movement of the 1970s and entering a period of disenfranchisement that was fueled by the Crack Era of the 1980s.”

VANGUARD COURT WATCH: Defense Calls Witnesses in Robbery Trial

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By Ibrahim Baig

Jurors heard from the defense on Monday, April 15, concerning charges against Andrew White.  Andrew White is allegedly involved in a robbery with the use of a firearm.

Defense attorney James Granucci called some of Andrew White’s family members to the stand. The witnesses include Mr. Hagey, who worked with the defendant, Billy Henderson, White’s cousin, Dorothy Trammull, White’s mother, and Troy Taylor, Billy’s friend.

Vanguard Court Watch Council Holds Public Meeting to Capture Community Concerns

Yolo-Count-Court-Room-600On Sunday, April 28, 2013 from 5:00 to 7:00 PM in Woodland at the Celebration Center Church (100 Woodland Ave), the Vanguard Court Watch Council of Yolo County (VCWCYC) is inviting the public to come forward to express their concerns about the judicial system, providing testimony and giving personal accounts of contemporary cases in the Yolo County Court system.

“The public has an opportunity to tell of their experiences in the Yolo County judicial system.  Experiences that normally are not covered in the newspaper,” said David Greenwald, Executive Director of Vanguard Court Watch.  “The Council will take public comment, testimony from invited speakers, and then deliberate in closed session to determine our course of action.”

DA Puts Forward Innovative “Neighborhood Court” Program Incorporating Principles of Restorative Justice

yolo_county_courthouseOn Monday the Yolo County District Attorney’s office unveiled an innovative new pilot project, modeled after a program that San Francisco District Attorney George Gascon implemented two years ago.

Jeff Reisig unveiled a program, in partnership with the Davis Police Department and the UC Davis Police Department, called the Neighborhood Court, a new adult criminal offender diversion program based on restorative justice.  This innovative program will be offered in the city of Davis and on the UC Davis campus, starting in May of 2013.

Eye on the Court: Gang Injunction Case As Thin Today As It Ever Was

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Back in the summer of 2010, lasting for six excruciating months – on again and off again – the gang injunction trial was an underwhelming experience.  Trotting out biased police officers who were stunningly allowed to testify, not just to what they witnessed, but also to what they were told, the District Attorney’s office managed to produce dozens of cases over the course of a decade in hopes of proving the existence of a nuisance represented by the Broderick Boys Criminal Street Gang, and thus laying the justification for a gang injunction.

In the end, we were left with the abiding belief that, while there may be areas where gang injunctions are necessary as a tool to reduce gang violence, the case was not made that West Sacramento was such an area.

VANGUARD COURT WATCH: Trial Begins of Man Charged with 2nd Degree Armed Robbery in West Sac

robberyBy: Catherine McKnight

On the morning of Wednesday, April 10, the trial of People v. White began under Honorable Stephen L. Mock in Department 3.

Andrew Lawrence White is being charged on two counts of second-degree robbery with a firearm, and two additional enhancements for discharge of a firearm causing great bodily injury. The court heard opening statements by DDA Robin Johnson and private defense attorney James Granucci.

Defense Attorneys File Appeal Challenging Gang Injunction Ruling

gang-stock-picIn March of 2011, Judge Kathleen White, following a nearly six-month trial that went from July 12, 2010 to December 15, 2010 on alternate weeks, issued her ruling in favor of upholding the gang injunction in West Sacramento.  Three months later, she issued a final “Judgment Granting Injunction After Trial” against the Broderick Boys criminal street gang in West Sacramento.

The gang injunction issued by the court imposed a curfew and restricted other activities of gang members in a defined area within West Sacramento called the “Safety Zone.”

VANGUARD COURT WATCH: Defendant Makes Court Appearance in Wheelchair – Accused of Resisting Arrest

resisting-arrestBy Vanguard Court Watch Interns

Today in Judge Fall’s courtroom, Marlon Raye was brought from jail in a wheelchair for a probable cause hearing. He was arrested in West Sacramento on February 19 while riding a bicycle. He was charged with Resisting/Delaying Arrest and Possession of Methamphetamine.

Officer Wright, of the West Sacramento Police Department, testified that he observed the bicycle leaving the Pickwick Motel shortly after midnight. The officer was patrolling on foot. He called for assistance. No mention was made of why Officer Wright believed there was a reason to pursue Mr. Raye, nor why he was not in a patrol car. Foot patrol is not a common method used in West Sacramento.

VANGUARD COURT WATCH: Crimes Across Counties Problematic in Assuring Right to a Fair Trial

Yolo-Count-Court-Room-600by Alexandra Rose

On the morning of Monday, April 8, 2013, in Department 3 of the Superior Court of California, Yolo County, the armed robbery case of Andrew White was set to start under the Honorable Stephen L. Mock.

Andrew White is charged with two counts of robbery with use of a firearm, with an additional two enhancements related to discharging a firearm that inflicted great bodily injury.

Eye on the Courts: Groundbreaking Grand New Courthouse Masks the Reality of Injustice

yolo_county_courthouseJudge David Rosenberg has been working on this new courthouse for a decade now, and he deserves tremendous credit for the fortitude and skill to get it to the point where on Friday they actually broke ground on the new building.

“We truly love our historic courthouse … but it was built five generations ago for another time and another era,” he said, as quoted in other news accounts.  “We have outgrown that historic courthouse in every conceivable way.”

VANGUARD COURT WATCH: Yolo County Gang Case Getting Set For Trial

gang-stock-picby Antoinnette Borbon

On Friday March 29, 2013, eleven alleged gang members, with all of nine different defense attorneys, filed into the courtroom. Nine different defense attorneys, with a couple conflict attorneys in that pile, were sent to the judge’s chambers for what seemed like forever, only to come out with yet another continuance date.

Some of the defendants were out of custody. Their charges stem from possession of drugs to possessing firearms and other gang-related activity. The People’s case is represented by Robin Johnson, Deputy District Attorney.

Commentary: Is the California State Bar Finally Getting Serious About Prosecutorial Misconduct?

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Earlier this week, we reported on a study from ProPublica that, in analyzing state and federal court rulings from 2001 to 2011, in particular “scrutinizing instances in which state or federal courts identified misconduct serious enough to throw out a conviction,” found that of 30 cases that met their very specific criteria, only one prosecutor would be disciplined in a meaningful way for misconduct.

Those findings mirrored earlier findings from the 2010 report from the Veritas Initiative, “Preventable Error,” funded by the Northern California Innocence Project, which documented more than 800 instances of prosecutorial misconduct, including 107 where the prosecutors were found to have committed misconduct more than once – two were cited for misconduct four times, two were cited five times and one prosecutor was cited for misconduct six times.

Eye on the Courts: Prosecutorial Misconduct Goes Unpunished; Cash For Conviction Allegations in Other Jurisdictions

prosecutorial-misconductIn 2010, the Veritas Institute, a project funded by the Northern California Innocence Project, documented more than 800 instances of prosecutorial misconduct, including 107 where the prosecutors were found to have committed misconduct more than once – two were cited for misconduct four times, two were cited five times and one prosecutor was cited for misconduct six times.

Of all of these cases, only six prosecutors were disciplined.

Commentary: Questions Raised In Guilty Verdict in Molestation Case of Two-Year-Old

Yolo-Count-Court-Room-600by Antoinnette Borbon

On Wednesday, March 27, 2013, the jurors came back with a guilty verdict on almost all counts in the state’s case against defendant John Timothy Ganthner, who was charged with child abuse and sexual abuse of a child, among serveral other charges and enhancements.

Deputy District Attorney Robert Gorman even added a count of torture, the only charge the jury acquitted on.

Eye on the Courts: Retooling the Vanguard Court Watch Program

yolo_county_courthouseIn late 2009, I sat down with a friend in a café across from the Capitol in Sacramento and lamented the fact that there were a number of troublesome case, most notably the Ajay Dev case, but that we had no way to easily identify them before they went to trial and someone tipped us off.

Covering an already-completed trial proved difficult, if not impossible.  A few weeks later the plan for the court watch program was hatched.  The original idea would be to have interns go into the courthouse, take notes, get me to the cases that were problematic, and I would write stories.

Commentary: Rexroad Comments on Dev Case Miss the Mark

Dev-2yr-7Supervisor Matt Rexroad has stirred these waters before.  Nearly two years ago, responding to an effort to petition his office, among other elected officials, Mr. Rexroad posted this description: “This summary was put together for me and others regarding the case of Ajay Dev.”

He then added, “The facts below are exactly why I will not be asking for an investigation into the case.”

My View: Parish Blames Everyone But Himself For His Undoing

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Last year when Clinton Parish was running for a Yolo County judgeship against Judge Dan Maguire, he made a critical mistake that, in the heat of the moment, is easy to make – he thought his political team had properly vetted an attack ad that they were recommending he launch against sitting Judge Maguire.

He was wrong, they had not, and the allegations turned out to be embarrassingly false.  The mistake cost him his dignity, his election, and ultimately his job.  He had to move his family from the place they had lived for over ten years.

Garzon Out on Bail, Denies Hate Crime Allegation

vigil-partidaIt took Clayton Garzon less than a day after his bail was increased to 520,000 dollars to make bail.  He is also free on bail, pending his preliminary hearing set for mid-May in Solano County.

That means that Mr. Garzon, who is alleged to have beaten 32-year-old Davis resident Mikey Partida in the early morning hours of March 10, is out of custody.

VANGUARD COURT WATCH: Ganthner Child Molestation Trial

Yolo-Count-Court-Room-600By Charmayne Schmitz

On Monday, March 25, John Timothy Ganthner’s mother testified that her son Tim had very little experience interacting with or caring for small children. Public Defender Allison Zuvela then called the defendant to the stand.

Tim and Tina, Zane’s grandmother, had been living together for about 5 years. Zane’s mother, Vanessa, was homeless. At the time of the incident, Vanessa and Zane were living at a shelter on Power Inn Road, but Vanessa didn’t stay at the shelter every night with Zane.

Court Sets Bail at 520,000, Orders Ankle Monitor on Hate Crime Suspect

vigil-partidaby Antoinnette Borbon

The small courtroom of Department 9, Yolo Superior Court Commissioner Janene Beronio presiding, was packed full of Yolo County residents Wednesday.  Some were friends and family of the victim, with a few family members of the defendant.  All of them were anxiously awaiting the arraignment of the young man accused of beating a Davis resident.

Clayton Garzon, accused of beating a 32-year-old Davis resident and allegedly using the f-word in referring to the victim’s sexual orientation during the attack, is now facing felony charges along with three enhancements for a hate crime to each felony charge.