Yolo County

Vanguard Awards Ceremony Honors Six on July 26

Event-Starr-2Cruz Reynoso to Present Award to Pepper Sprayed Students; Northern California Innocence Project Honored

As if the amazing line up of speakers at the Vanguard Dinner and Awards Ceremony was not enough, the Davis Vanguard announces its six annual awards.  The Vanguard Awards honor the work of individuals and organizations on behalf of social justice.

Headlining the awards is the Northern California Innocence Project, based at the Santa Clara Law School, winning the award for Law School/University of the Year.  Executive Director Cookie Ridolfi and Legal Director Linda Starr will be in house to personally receive this honor.  The Vanguard honors their body of work that has helped two notable exonerees, including this year’s speaker Franky Carrillo, last year’s speaker Maurice Caldwell, and Obie Anthony, among many others.

Are Eyewitness Accounts Wrong A Quarter of the Time?

Franky_CarrilloIn a few weeks, Franky Carrillo will speak at the Vanguard‘s annual Dinner and Awards ceremony.  His wrongful conviction, that cost him 20 years in custody, was based not just on the faulty memory of the witnesses but also intentional manipulation by law enforcement.

Carrillo was sentenced in 1992 to one life term and 30 years to life in prison after being convicted of one count of first-degree murder and six counts of attempted murder in a fatal drive-by shooting.

Reporter Who Uncovered Two Wrongful Executions Highlights Vanguard Event

Possley-MauriceMaurice Possley, Winner of the 2008 Pulitzer Prize To Speak at Vanguard Event

In November, California voters will be asked to decide whether to keep the death penalty in place or convert the sentences to life without parole.  Proponents of the effort to repeal the state’s death penalty point to the fact that the state has only executed 13 people since the death penalty was reinstated at a cost of $184 million per year, according to a recent study.

On July 26 at Woodland Heidrick Ag Museum, the Davis Vanguard will host a dinner and awards ceremony featuring speakers who will educate the public on why they believe California should end the death penalty.

Prison Populations Down, But Success of AB 109 in the Eye of the Beholder

prison-reformA San Diego County Supervisor would criticize the state’s realignment process, arguing, “Since [the law] was passed, theft is up in this county by 16 percent, including autos.  You can’t blame that on our budget. But it’s Sacramento’s budget that has presented us with this dilemma.”

Except for one problem, a San Diego news site reports, it is untrue.

When Innocent People Confess to Crimes They Do Not Commit

interrogatorA recent study noted that 15% of the wrongful convictions reviewed involved a false confession.  A reasonable person would have to ask, “How can that happen?” Phil Locke, Science and Technology Advisor, Ohio Innocence Project, posed this question in a recent blog entry on the Wrongful Convictions Blog.

“Well, there are some quirky psychological reasons why some unique individuals might confess to a crime they didn’t commit, but in the more general case, there are reasons why people do this,” he writes.

High Court Strikes Invalidates Life Without Parole For Juveniles

juvenile-courtby Ramon Solis –

The Supreme Court in a 5-4 ruling determined that mandatory life without possibility of parole for minors in homicide-related cases is unconstitutional.

The ruling was based off the precedent of two now concluded court cases. In each case a fourteen-year-old was convicted of homicide. The first case found Arkansas native Kuntrell Jackson guilty of a convenience store murder in 1999, even though he decided to stay outside while the murder took place. The other case found an Alabama boy named Evan Miller guilty after beating a 52-year-old neighbor and setting fire to his home. The neighbor then died of smoke inhalation.

New Study Places Wrongful Conviction Rate at 5% for Murders, Higher for Sexual Assault

dna-300One of the problems facing those who believe that the problem of wrongful convictions is far deeper that statistics currently available would indicate, is the dearth of reliable longitudinal data.

However, a new study that involved the DNA testing of hundreds of old Virginia homicide and sexual assault cases supports the exoneration of at least 38 suspects, according to a study released Monday by a national policy group that examined the test results.

Three Strikes Measure Does Not Fix All Problems, But Will Save State 100 Million Annually

prison-reformThe Three Strikes Reform ballot initiative will not fix all of the problems associated with the three strikes law.  What it will do is fix the problem of people charged with minor crimes such as stealing a package of shredded cheese, then facing a 25 year to life sentence.

What it will also do is save the state perhaps $100 million a year, a number that has fiscal conservatives, who do not normally support measures of this sort, jumping on the bandwagon.

Three Strikes Reform Qualified for November Ballot

prison-reformIn 2010, the Yolo County District Attorney’s office, led by Deputy DA Clinton Parish, sought to put Robert Ferguson, charged with the theft of a package of shredded cheese, into prison for life under California’s three strikes law.

Deputy District Attorney Clinton Parish argued that, given Mr. Ferguson’s long history of being in prison for a total of 22 years, he has not learned from his mistakes.  Mr. Parish told the court, “The people gave him another shot, yet here we are again… Simply put this defendant is a career criminal.”

Alternative Strategies to Reduce Gang Violence

leap-jorja

A few weeks ago we had the pleasure of attending the Justice Summit put on by the Public Defender’s Office in San Francisco.  They had three panels, and one of the most interesting spoke to alternative approaches to gang prevention efforts.

One of the most compelling speeches was the “keynote” by UCLA Professor Jorja Leap, author of Jumped In: What Gangs Taught Me About Violence, Drugs, Love and Redemption.

Grand Jury Report Focuses on Impact of AB 109: Overcrowding and Recidivism Rates Cited as Concerns

prison-reformThe good news is that the Yolo County Grand Jury did not find anything untoward about the operations of the Yolo County Jail, but they are concerned with issues of inmate overcrowding, recidivism rates and budget reductions.

“Only individuals arrested on felony offenses are detained,” they report.  “Each detainee is interviewed to identify gang affiliation, history of sexual offenses, confidential informants, race, religious preferences, federal inmates, etc.”

School Year Ends Without Resolution on Pepper Spray Fallout

serra-siegel-briggs.jpgOn Wednesday, Tomas Matzat was back in the Yolo County Court where he was finally arraigned on his felony and misdemeanor charges for vandalism.

Famed Defense Attorney Tony Serra made his first appearance in front of Judge Tim Fall – it was largely uneventful and a matter of formality.  Mr. Matzat pled not guilty to the charges and they set, at least for now, a preliminary hearing for July 18.

Parish Flops Poorly in His Run Against Judge Maguire

Judges-Race-2012

One race that clearly lacked drama was the race for Yolo County Judge, where Judge Dan Maguire easily retained his seat defeating Deputy District Attorney Clinton Parish.  With the latest update from the Yolo County Clerk Recorder’s Office, Judge Dan Maguire holds an overwhelming 55.4% lead in the election for Yolo County Superior Court Judge. Judge Dan Maguire currently has 20,543 votes (77.2%) compared to Clint Parish who has 6,054 votes (22.8%).

The race ended just after the county released the vote by mail ballots shortly after polls closed at 8 pm, and it would take roughly three hours for Mr. Parish to concede what became inevitable long before, when an attack mailer backfired on him, causing key supporters to pull their endorsements, including Sheriff Ed Prieto and his own boss, District Attorney Jeff Reisig.

Student, Member of Reynoso Task Force, Gives Different Account of Davis Taser Incident

police_tapeOn May 26, the Vanguard reported on a Davis Police incident that began with a police response to Glacier Drive to a reported fight.  The responding to the 911 call ended up with police having to use a Taser on Jerome Wren and confront Tatiana Bush who had intervened.

Mr. Wren is facing felony resisting arrest (PC 69) and now Ms. Bush, a student at UC Davis, is alleging excessive force and police brutality in an article this morning in the California Aggie.

Parish Shows Us Exactly Why The Judicial Nominees Evaluation is Essential to the Appointment of Judges

Parish-3When Clinton Parish decided to Challenge Dan Maguire for judge, he immediately cited the fact that Dan Maguire was a “political appointment” by Governor Arnold Schwarzenegger.

He said, “Political decisions have no place in the court.  Last minute political appointments are not in the best interest of Yolo County.  I believe the People of Yolo County can make better decisions than Arnold Schwarzenegger as to who should be a Judge in our County.”

Bank Protesters’ Day in Court Largely Uneventful

serra-siegel-briggs

The atmosphere was a bit different than the typical day in Yolo County.  Judge David Reed’s department six was packed full of 12 defendants, five attorneys, and countless supporters, to the point where the court’s capacity was maxed and throngs of supporters overflowed into the lobby, where some briefly verbally skirmished with private security personnel who staff the exterior portions of the courthouse.

Inside, it was largely business as usual.  A Pre-Hearing Conference, schedule setting, and motions.

Wrongful Convictions and Plea Bargain: Why Innocent People Sometimes Plead Guilty to Crimes They Did Not Commit

Banks-BrianOne of the big questions that emerged last week is why do innocent people plead guilty?  We noted the discussion of the Alford Plea, so named because Henry Alford was accused of murder and faced the death penalty, where enough evidence existed that could possibly have been enough to cause a jury to convict him.

As Yolo County Public Defender Tracie Olson noted, “The evidence was strong but Henry said he was innocent.  Henry, however, pled guilty to a charge of 2nd degree murder in order to avoid the death penalty.”

Legislation That Would Reduce Penalty for Simple Drug Possession Comes To Vote This Week

mark_lenoIn February, Senator Mark Leno introduced legislation that would revise the penalty for simple drug possession under the state law, from a felony to a misdemeanor.  It is legislation that follows the lead of 13 other states, as well as the federal government.

A recent poll by Tulchin Research in San Francisco found that 70 percent of Californians want to reduce the penalties for personal drug use.

Commentary: Tip of the Iceberg in Terms of Wrongful Convictions and Exonerations

Banks-BrianThe launching of the National Registry of Exonerations, a new joint project of the University of Michigan Law School and the Center on Wrongful Convictions at Northwestern University, actually reminds us of just how little we actually know about wrongful convictions, where and when they occur, and how many have occurred.

What we do know ought to alarm and frighten people far more than they are.  The reason we are not utterly alarmed on a global scale is that we are comforted by the relatively small number of false convictions.

Commentary: The Costs of Bearing False Witness

Parish-SantosI thought I was done talking about the judge’s race in which Clinton Parish made false and misleading attacks.  After all, at some point, it simply becomes a matter of kicking the proverbial dead horse.

However, I was reading Bob Dunning’s Davis Enterprise column and I realized there is something that still needs to be said here and it has to do with a YouTube shot at a Republican gathering in Woodland in which Fred and Kathy Santos speak in favor of Clinton Parish.