Yolo County

Self-Defense or First Degree Murder: Jury Decides on the Latter

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Last week, a Yolo County jury convicted 22-year-old Charles Quillin of first degree murder for the death of Mathew Smith on August 27, 2011.

According to a press release from the Yolo County District Attorney’s office, on August 26, 2011, Charles Quillin, Mathew Smith, Mr. Smith’s girlfriend, and two other friends went to Mr. Quillin’s trailer in West Sacramento to drink and hang out. Sometime after midnight, Mr. Quillin wanted one of the girls to leave his trailer after she vomited all over his living room.

Students and Faculty Rally to Oppose Charge on Bank Blockers

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As many as 100 students and faculty members turned out on Monday afternoon to show solidarity with 12 protesters facing as many as 21 misdemeanor charges, up to 11 years in prison, and restitution fines up to one million dollars for their activities relating to the blocking of a US bank building from January into early March.

On Friday, 12 of them will be arraigned in Yolo County Superior Court.  On Monday they rallied, asking the chancellor and the Yolo County District Attorney’s Office to drop the charges.  Students and others were signing the letters during the course of the event.

Death Penalty Measure Certified by Secretary of State for November Ballot

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California Secretary of State Debra Bowen today certified a fifth measure for the November 6, 2012, General Election ballot. The measure would repeal the death penalty, according to a news release from the California Secretary of State’s Office.

In order to qualify for the ballot, the death penalty repeal initiative needed 504,760 valid petition signatures, which is equal to five percent of the total votes cast for governor in the November 2010 gubernatorial election.

Sunday Commentary: Prosecuting Matzat Isn’t About Sending a Message

Matzat-PosterAbout a week or so ago, I spoke with one of the spokespersons with UC Davis, and they were almost excited that they had found what to them must have looked like the antidote to months of nightmares dealing with the Occupy UC Davis folks.  They don’t need police confrontations, they simply have the DA’s office mail a complaint and suddenly the students are in serious legal jeopardy.

During this conversation, I had an uneasy feeling because, unlike many, I know the DA’s office. I know the court system, and the DA’s office does not mess around. They are not in it to send a message, they are in it to attempt to prosecute to the fullest extent of the law and then some.

Matzat Faces 5 Felony, 15 Misdemeanor Vandalism Charges

Matzat-PosterTomas Matzat received good news and bad news on Friday.  The good news is that, in part thanks to the vigilance of his friends and fellow occupiers, he and his attorney met with those in charge of the College of Letters and Science, and it was determined that he would be able to be reinstated as a student so long as he follows some unspecified terms and conditions.

Earlier in the day, Mr. Matzat was scheduled to be arraigned in front of Commissioner Janene Beronio.  However, his attorney requested that the arraignment be delayed until May 11, where he will be arraigned by Judge Timothy Fall in Yolo County Superior County.

Student Faces Arraignment, Hearing on Student Status on Friday

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UC Davis student Tomas Matzat will be arraigned this afternoon on felony vandalism charges, the Vanguard finally confirmed late Thursday.  The arraignment had been something of a mystery, as Mr. Matzat apparently received the date upon his release from custody, but the hearing was not on the public calendar or in the court’s computer system.

Repeated emails to Assistant Chief Deputy DA Michael Cabral were unreturned, despite the request for public information.  The hearing was finally confirmed by the Yolo County Public Defender’s Office.

Supreme Court Issues Forth Baffling Decision on Strip Searches

SupremeCourtAs we noted yesterday, it is difficult to imagine a more baffling ruling than the one the Supreme Court issued earlier this week in which the majority led by Justice Anthony Kennedy, in a 5-4 decision, somehow concluded “that the search procedures at the county jails struck a reasonable balance between inmate privacy and the needs of the institutions, and thus the Fourth and Fourteenth Amendments do not require adoption of the framework and rules petitioner proposes.”

The ruling allows officials to strip-search individuals who are arrested for any offense, no matter how minor, even when there is no reasonable belief that the individual has weapons or drugs.

Overseeing Plea Bargain Process

SupremeCourtCourt Greatly Expands Rights of Accused in Cases that Involve Plea Bargains –

It is difficult to figure the direction of the US Supreme Court, particularly in light of a controversial ruling this week that allows those arrested even for very minor crimes to be strip searched.  However, one area where the Supreme Court actually expanded the rights of the accused was during a recent ruling on the right to effective counsel during plea bargain negotiations.

Justice Anthony Kennedy has become the power in the middle, deciding which side the court swings on critical issues with an ideological divide.  More often he joins the more conservative wing.

Man Acquitted by Yolo County Jury of Failure to Register As Sex Offender

Yolo-Count-Court-Room-600A Yolo County jury has acquitted Randall Hill of failing to register as a sex offender.  According to Deputy District Attorney Chris Bulkeley, Randall Hill was residing in Woodland at his girlfriend’s residence.

He had been convicted of a felony for a sexual offense that requires him to register as a sex offender under Penal Code section 290.  However, he failed to register with the Woodland Police Department.

Commentary: Vanguard Believes UCD, DA Overreach on Charges to Protesters

Occupy-US-Bank.jpgWe have been critical of the university’s policies in responding to the bank blockers all along, and that now escalates with the decision by the Yolo County District Attorney to file charges against twelve of the protesters at the behest of UC Davis.

We spoke with Kristin Koster, one of the bank blockers who was not arrested.  She told us that, most likely, the purpose of this decision was to protect the university from a potential lawsuit from US Bank.

Judge Sentences Vela to Probation and Orders Restitution

Vela-Linda.jpgBack on February 8, a Yolo County Jury convicted Linda Vela of 12 felony counts of insurance fraud, including three counts of Presenting a False Statement concerning payments from an insurance policy that she received from Liberty Mutual Insurance, through which Ms. Vela had a long-term disability policy.

According to the Yolo County District Attorney, Ms. Vela went out on disability and was diagnosed with bi-lateral carpal tunnel syndrome.  She had surgery on her right wrist in June of 2004, which by all objective signs was successful.

While Parish Touts Criminal Law Experience, He May Never Get to Practice It As Yolo County Judge

yolo-superior-judge-candidates.pngPublic Defender Suggests Office Would Disqualify Judge Parish from Presiding Over Criminal Case Defended by Her Office

Deputy District Attorney Clinton Parish is running against sitting Yolo Superior Court Judge Daniel Maguire in a contested election that will be held this June.  Mr. Parish has focused much of his campaign on what he calls his strong record of criminal law experience, which, given AB 109 (California’s realignment law) and recent retirements on the bench, is in short supply.

In a recent debate presented by the Yolo County Bar Association, Mr. Parish argued, “There is a void there.”

ACLU Report Looks at Realignment Policies

prison-reformLocal Critics Believe Yolo County Could Do Better in Allocating Funding and Changing Current Incarceration Strategies –

Back in January, the Yolo County Board of Supervisors approved a plan that would apply for a 148-bed jail expansion as part of a plan to increase capacity in the face of AB 109.

Supervisor Don Saylor was the lone dissenter of this plan.  He argued that the current needs assessment ended its projection in 2007.  The 2007 needs assessment projected continued growth in the jail population.  But what we have learned with actual data since then is that the Average Daily Population (ADP) has not increased since 2008 but dropped from 428 to 384.

Man Released After 30 Years, Wrongly Convicted of Murder, Author Calls For Federal Investigation

Bonner-commonwealthOn March 2, 2012, Edward Lee Elmore was released from prison in South Carolina for a crime he had not committed.  But in order to do so, he had to agree to what is known as an Alford Plea – a plea arrangement in which he maintained his innocence but agreed the state could re-convict him of murder in a new trial.

However, after serving on death row for nearly 30 years, after being convicted and sentenced to death in 1982 for the sexual assault and murder of an elderly woman in Greenwood, South Carolina, it was time to get out of prison even if it meant no exoneration.

UCD Student Acquitted of Resisting Arrest by Davis PD

police_tapeOn March 9, 2012, a Yolo County Jury of eight women and four men acquitted Christopher Spatola of a single misdemeanor count of a violation of Penal Code section 148, obstructing or delaying a peace officer in carrying out the legal performance of duties.

In the early morning hours of February 11, 2011, there was some sort of disturbance at KetMoRee in Davis, which serves as a restaurant until 10 pm and then a bar and club.

Do Field Admonishments Help to Prevent Wrongful Convictions?

eyewitness-idThe case of four West Sacramento teenagers and one adult who allegedly attacked, robbed and assaulted a passerby in the late night hours back in January, 2011, turned when the defense’s expert, Dr. Geoffrey Loftus, testified about the impact of human memory on eyewitness identification.

Prior to the work of the Innocence Project, eyewitness accounts were considered critical pieces of evidence for convictions.  But we now know that eyewitness misidentification is among the leading causes of wrongful convictions across the nation.

Commentary: The Role of Plea Bargaining in Wrongful Convictions

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Last November, in a well-received speech from Yolo County Public Defender Tracie Olson, she posed the argument that in her view, a frequent cause of wrongful convictions in our local system is from the plea bargain process.

She told the audience at that the time, “You might think, how could plea bargaining result in wrongful convictions?  Isn’t that what defense attorneys are for – to make sure not only that a defendant doesn’t get CONVICTED of a crime he didn’t commit but surely to make sure a defendant doesn’t PLEAD to a crime he didn’t commit!”

Executing the Innocent

death-penalty-presser-4.jpgThey all talk about the fiscal costs of the death penalty, and indeed the fiscal cost matters when the cost of execution is three times the cost of regular imprisonment.  And it really matters when you are not executing people and you really never have.

But at the end of the day, what is driving this new push to end the death penalty is a very unsettling feeling – the unsettling feeling that innocent people have been and will be put to death.  DNA testing has given us a glimpse at the possibilities.  DNA testing is only a factor in a tiny percentage of cases overall, and yet it has enabled hundreds of people to be exonerated who were wrongly imprisoned.

Bill Would Effectively End Life Without Parole For Juvenile Offenders

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On Thursday, the Sentencing Project released a report that examined juveniles serving life without parole. According to California State Senator Leland Yee, over 300 youth offenders have been condemned to spend their entire lives and to die in California’s prisons for crimes committed when they were teenagers, Human Rights Watch said in a report released on Wednesday

The United States is the only country in the world where people who were under age 18 at the time of their crime serve sentences of life without parole. Nationally, more than 2,500 youth offenders are serving these sentences.

Death Penalty Measure Proponents Submit 800,000 Signatures to Qualify for November Ballot

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Spokespersons for the SAFE Campaign, a coalition of groups and individuals opposing the current death penalty, announced the filing of 800,000 petition signatures Thursday morning at four simultaneous news conferences in Los Angeles, San Francisco, Sacramento and San Diego.

The final number of signatures goes far and above the 504,000 required to qualify the measure for the November 2012 ballot.  If passed, the measure would replace the death penalty with a punishment of life in prison with no chance of parole.