Yolo County

Recent Supreme Court Decision Might Show the Way on Topete

Topete-DefenseAs the Vanguard reported on Wednesday, there are now questions as to whether Juror No.11 was properly dismissed on November 14 by Judge Paul Richardson from the penalty phase of Marco Topete’s trial for the murder of Sheriff’s Deputy Tony Diaz. This occured after a brief inquiry, in which he determined the request for dismissal was based on a language barrie

Juror No.11 sent the Court a hand-written note asking to be excused from further deliberation and replaced with an alternate juror.  Following the brief inquiry, Judge Richardson made the decision to replace Juror No.11.

Juror Believes Woman Improperly Dismissed From Jury in Topete Case

Topete-DefenseOn November 14, Judge Paul Richardson dismissed Juror No.11 from the penalty phase of Marco Topete’s trial for the murder of Sheriff’s Deputy Tony Diaz, after a brief inquiry in which he determined the request for dismissal was based on a language barrier.
Juror No.11 sent the Court a hand-written note asking to be excused from further deliberation and replaced with an alternate juror.  Following the brief inquiry, Judge Richardson made the decision to replace Juror No.11.

Three Strikes Case Falls Apart for District Attorney

Yolo-Count-Court-Room-600As we reported back in December, Tracy Foster was facing 25 years to life in prison, were he to be convicted of two felony counts of receiving stolen property for allegedly taking scrap metal out of bins outside the Cooling Plant of UC Davis, and cashing them in at a Woodland recycling center.

Originally, Judge Shockley had held Mr. Foster and his co-defendant Pamela Logan, who faced similar charges but not 25 to life, to answer on both counts for two different incidents, one on March 26, 2011 and the other on June 12, 2011.

A Look At Yolo County’s Brady Policies

Scales-of-Justice.jpgYesterday’s story on Michael Morton and the story that emerged earlier this year. when the US Supreme Court ruled that the prosecutors in the John Thompson case could not be held liable for the destruction of evidence that was used to wrongfully convict Mr. Thompson, lead us once again onto the path of looking into ways to prevent wrongful convictions.

Since the 1963 US Supreme Court decision in Brady v. Maryland, the courts have held that prosecutors cannot withhold exculpatory evidence – evidence that could potentially exonerate a defendant – as it violates due process “where the evidence is material either to guilt or to punishment.”

Attacking Prosecutorial Misconduct

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In October, Michael Morton walked out of a Texas Courtroom after his 1987 murder conviction was overturned because of new DNA evidence pointing to another man.

To his credit, Williamson County District Attorney John Bradley joined with the Innocence Project in seeking Mr. Morton’s release, after it was discovered that the DNA of an unnamed male was linked to the Morton crime through a bandana that also contained the blood of the victim, and was also found at the scene of a later murder in Travis County.  The unnamed male is now under investigation for both crimes.

Sunday Commentary (on a Monday): An Old Fashioned Pitch-Battle Over Growth and Land Use

woodland-dcc-3Forget the Davis City Council, the most compelling electoral battle this year will be for the 5th Supervisorial District, where two heavyweights will slug it out over the most contentious of all local issues – land use.
While Measure J has muted the issue of growth in Davis – and that issue has even been supplanted, at least temporarily, by the budget and now water – there is no such limitation on the Board of Supervisors.

Conservative California Chief Justice Speaks Out Against the Death Penalty

Cantil-SakauyeTani Cantil-Sakauye’s appointment to chief justice by then-Governor Arnold Schwarzenegger marked a huge moment locally, as she grew up in Sacramento and is a graduate of the UC Davis School of Law.
While known as one of the high court’s more conservative members, she has turned heads as she said, in an interview with the Los Angeles Times, that “the death penalty is no longer working for the state” and she urged a reevaluation of it.

Woodland Mayor Lays Down Challenge to Supervisor Chamberlain For BOS Seat

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The impact of re-districting the supervisorial districts in Yolo County is about to be put to a test.  Woodland’s Mayor Artemio Pimentel, 32, has announced that he will challenge longtime Supervisor Duane Chamberlain, 74, for the 5th District Supervisorial Seat.

The 5th District has been held as a rural district, but under the newly-configured supervisorial districts, Woodland now comprises 70 percent of the district.

Topete Unlikely To Ever Be Executed As Support For Capital Punishment Wanes and Court Cases Continue To Stall Executions in California

death-penaltyThe Yolo County District Attorney’s office has just spent three and a half years and unknown quantities of money to get the death penalty in what should have been a slam dunk case.

It is still unknown at this point whether the decision by the jury to impose the death sentence on Marco Topete will stand – given doubt expressed by one of the jurors, and her dismissal from the sentencing phase, ostensibly due to language barriers. That explanation is complicated by recent revelations by another of the jurors, who indicated to the Davis Enterprise that there was more to the story than just this.

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

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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.”