Yolo County

Forgotten Murder Case: Murderer Faces 45 to Life After Jury Fails to Buy Self-Defense

police_tapeIt was a case that had all of the intrigue – a red-headed boy-next-door looking defendant, turned racist gun-nut, who shot a black man claiming self-defense. But ultimately the jury failed to buy the self-defense theory and convicted Christopher Smith, 31, of second degree murder with enhancements, that put the likely sentence to 45 to life.
If Christopher Smith looked like the boy next door, it is because he was one, with fiery red hair, two young kids, a clean record.  But the recession had not been kind to Mr. Smith, he was in and out of work, struggling through his second marriage, and trying to take night courses at the local community college to build up his résumé.

When Does A Building Become an Inhabited Dwelling For the Purposes of Burglary Considerations?

burglarDeputy District Attorney Sulaiman Tokhi argued that this is a case where “bad liars meet good evidence.”  During these troubled economic times, crimes involving the stealing of metal pipes such as copper and turning them into recycling centers have increased in numbers.

In this case, co-defendants Nicholas Cummings and Penny Burkett would be convicted of first degree burglary and vandalism, with Mr. Cummings also being convicted of possession of burglary tools.

Court in First Amendment Case Overrules Prosecutorial Immunity

Scales-of-Justice

Eight years ago in Colorado, authorities showed up at the home of Tom Mink with a warrant to search for evidence of “criminal libel.”  Mr. Mink had developed a satiric internet publication, The Howling Pig.  Mr. Mink, then a University of Northern Colorado student, was being prosecuted for libel for what he claimed were protected First Amendment satirical writings.

The authorities did not agree, but eventually Mr. Mink was not only vindicated but, after three trips to the Tenth Circuit Court of Appeals, a $425,000 settlement finally ended a marathon legal battle over free speech that began on December 12 eight years ago.

City and County Butt Heads Over Tower

tower.jpgCity Clarifies Position in Recent Letter as County Recommends Denial of Appeal –

The city and county will come to blows today, at least metaphorically speaking, over a one-year extension of a use permit for a 365-foot radio tower at the landfill site.

The county staff report is recommending the extension of the use permit for one year and a denial of the appeal filed by Eileen Samitz.

Guest Commentary: KDVS Needs the Landfill Tower

tower.jpgby Neil Ruud

The current KDVS radio tower on Kerr Hall causes telecommunication interference and is not tall enough to legally protect KDVS’ signal beyond the immediate area. In 1996, KDVS’s staff started researching potential sites to build a taller tower and legally protect its listeners in Yolo County and beyond.

Throughout this 15 year process, other radio stations have encroached on KDVS’ airwaves. Already there is an automated out-of-state mini-station in eastern Sacramento preventing many of our dedicated listeners from hearing KDVS. This will soon be a reality in other parts of the valley, including some parts of Yolo County. Without an expanded legal area of protection, KDVS is powerless to protect reception for existing listeners.

Memory Expert Helps Explain Problems With Eyewitness Identification

Loftus-GeoffreyFive young codefendants were facing nearly 20 years in prison for an attack on January 24, 2011.  The co-defendants, four of whom were minors, faced charges of robbery, assault and gang enhancements.

The District Attorney’s office may have felt this was a slam-dunk case, refusing to make plea bargains that would put the four minors back into the juvenile justice system.  After all, the individual, who claimed he was attacked by five or six individuals on the evening in question in West Sacramento, identified all of them at the scene, and they were caught within a block or two of the crime within an hour of the 911 call.

Guest Commentary: Radio Tower Represents a Threat To Environment

tower.jpgRadio Tower proposal threatens wetland birds. Bright, white strobes would bring impacts on community

By Eileen M. Samitz, Pam Nieberg and Alan Pryor

On December 6th, the Davis City Council will consider a resolution by the Open Space and Habitat Commission strongly opposing a proposal by Results Radio, a Santa Rosa radio conglomerate, to build a new tower at the Yolo County Central Landfill.  The proposed tower, at 365 feet, will be taller than the Statue of Liberty.  This massive structure will be 30 feet at its base and have three extremely bright white strobe lights (one at the top and two at the 200 foot level).  These strobe lights are required by new FAA regulations, and would create much more visual pollution than any other tower in Yolo County. Each of the three strobes would flash 40 times per minute, 24 hours a day at an intensity of 20,000 candelas during daytime, dawn, and dusk, and 2,000 candelas at night – creating unacceptable blight on the northern border of Davis.

Wildlife experts have concluded that because the proposed tower is located in the heavily-used Pacific Flyway adjacent to the Davis Wetlands Project and the Vic Fazio Wildlife Area, the disorienting effects of the strobe lights on birds would cause unacceptable bird deaths due to numerous bird collisions.  To add insult to injury, Results Radio wants to locate their visual and environmental blight in Yolo County, but move their offices and jobs to Sacramento!

Serious Opposition From Community-Based Environmental Groups To Proposed Radio Tower

towerOpponents of a 365-foot radio tower, that in September 2010 the Yolo County Board of Supervisors approved to be located at the county landfill, argue such communications towers kill millions of birds annually.

This tower will be near a number of sensitive locations, including the City of Davis wetlands, Willow Slough, and near the Yolo Bypass wildlife area, “all of which provide foraging, nesting and breeding habitat for thousands of migratory and resident bird populations year-round.”

Examining DA’s Overreach on Gang Charges in Five-Defendant Case

gang-stock-picIn the recent multi-defendant case in which five youngsters were alleged to have jumped, assaulted and robbed an individual, the Yolo County District Attorney aggressively pursued gang charges despite very thin evidence of gang involvement for the youths.

While much has been made about the importance of grant and other financial considerations for the pursuit of gang charges, there is another element as well – leverage. The ability of the district attorney to “direct file” these youths as adults was based entirely on the gang charges.

Defendant Faces 25 to Life for Allegedly Stealing Scrap Metal Out of Dumpster

Protester-Prison-SpendingIn early 2010, the Vanguard reported on the case of Robert Ferguson, who faced life in prison for stealing a package of shredded cheese from the Nugget Market.  Ultimately, after unfavorable press, the District Attorney dropped pursuit of the third strike and Mr. Ferguson for his minor crime, and he was instead was sentenced to nearly eight years in prison.

The Vanguard has now learned that co-defendants Tracy Foster and Pamela Logan face 25 to life charges in a case that involves two counts of receiving stolen property – in this case, scrap metal out of a trash receptacle.

Gang Case Falls Apart For Prosecutor Following Poor Eyewitness Identification Techniques

gang-stock-picOn January 24, 2011, a white male in his twenties, a musician in a band, was walking home from his drummer’s house on Sacramento Avenue (in West Sacramento) at 10:30 pm on a Monday night.  He was wearing headphones when he was approached by a person in a Michael Jordan jersey, who asked where he was from.

When he responded that he lived right there, he was told, “You better get your ass there now.”  As he continued, a group of young individuals came toward him and one of them said, “We’re here to check your pockets.”

Revelations by Topete Juror Put Verdict and Death Sentence in Jeopardy

Topete-DefenseLost in the melee of the pepper spraying incident is an interview of a juror by Davis Enterprise reporter Lauren Keene, whose interview now casts doubt on the dismissal of the other juror, ostensibly for language reasons.

“She said under no circumstances will she go for the death penalty,” the juror, who is apparently a Davis resident but is withholding his name, told the Enterprise four days after the jury came back with a death sentence recommendation.

Davis Man Faces Charges in “Phantom” Drug Case

methYolo County Judge Janet Gaard held Davis resident Paul Delgado to answer, in a preliminary hearing for two felony charges of attempting to sell meth, despite the fact that there is no evidence that he ever possessed the drug that he allegedly offered to sell to an undercover agent of YONET.

Mr. Delgado is being prosecuted by Yolo County Deputy District Attorney Michael Vroman.  The evidence presented, at the preliminary hearing on Wednesday, was based solely on the word of Officer Ryan Bellamy of the Davis Police Department, acting as a supervising agent for YONET.

Commentary: Jury Gives Marco Topete Death in Case in Which We All Lose

Topete-Defense

I’d like to be able to tell you that, in the end, justice was served, a murderer got what he deserved and we are all better off for it.  To wearily quote Bob Dylan, “In the courtroom of honor, the judge pounded his gavel – to show that all’s equal and that the courts are on the level – and that the strings in the books ain’t pulled and persuaded…”

But we all know better than that.  We knew what the result would be in this case on June 18, 2008, the day that the Sheriff’s Deputies locked the public and the press out of the courtroom.

Legal Experts Believe Judge Erred in Dismissing Juror in Death Penalty Case

Topete-Defense

When Judge Richardson dismissed Juror No.11 on Monday morning, granting her request for dismissal based on what she claimed to be a language barrier, it created several red flags for the Vanguard, which questioned why she seemed able to understand sufficient English to render a guilty verdict, but not enough to participate in the deliberation on the penalty phase.

The Vanguard spoke to the ACLU of Northern California’s Death Penalty Policy Director, Natasha Minsker, who agreed that the judge’s ruling puts the entire case in jeopardy.

Judge Dismisses Juror From Penalty Phase of Topete Trial

Topete-Defense

On Monday morning, after a brief inquiry with Juror No.11, the judge granted her request for dismissal based on what she claimed to be a language barrier.  Left unanswered by the judge and unquestioned by the defense is how she could understand enough English to render a guilty verdict, but not enough to participate in the deliberation on the penalty phase.

However, that will be a question an appellate court will have to address, as the defense team went basically silent after the juror’s comments.

Packed House Watches Judicial Watch Program on Wrongful Convictions

Event-Caldwell-2

On November 3, 2011, 285 people packed the Yolo Judicial Watch Fundraiser and Awards Ceremony to listen to a night about wrongful convictions highlighted by Maurice Caldwell, an individual who spent 20 years in prison for a crime he did not commit, and Linda Starr from the Innocence Project, one of the attorneys that helped to free him.

The event, which will help to fund the Judicial Watch for the next year, was a tremendous success.  Unfortunately, some sort of snafu prevented our arranged film crew from filming it.  So I have had to piece together this report on the event.

Former Death Row Inmate Will Talk about Prosecutorial Misconduct at King Hall This Week

thompson-johnThis Thursday at King Hall, John Thompson, who spent 14 years on death row before he was exonerated one month before his scheduled execution, based on the prosecution’s withholding of exculpatory evidence during trial, will speak at King Hall and discuss his experiences with the criminal justice system.

Mr. Thompson has been free from prison, but his prosecutors were never punished.  Back in March, the US Supreme Court, in a 5-4 decision, overturned the case that Mr. Thompson had won against them that would have given him $14 million for his years on death row.

Analysis: Systemic Failure Greatly Contributed to Topete’s Killing of Deputy

pelicanbayOne of the most poignant parts of the recent county realignment discussion was when Debra Shelton, who works for CDCR (California Department of Corrections and Rehabilitation) as an educator, talked about Marco Topete and the fact that we simply failed to provide him with the resources he needed to be able to survive on the outside.

“I met Topete when he came out of Pelican Bay, and he had no resources available to him,” she said.

Commentary: Topete Juror Puts Death Penalty In Jeopardy and Exposes More Flaws in Death Penalty System

Yolo-Count-Court-Room-600

It was not supposed to happen this way.  But a juror’s shocking request to be removed from the penalty phase of the Topete trial has thrown a monkey wrench into the system.

It all started with a note to Judge Richardson, indicating that the female juror was having a great deal of difficulty making the decision.  She also noted that she was raised in a foreign country.