Yolo County

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

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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

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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

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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

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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

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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.

Commentary: Closing Argument Illustrates the Silliness of the Death Penalty in Its Current State

Topete-Defense

As we await the jury’s verdict, I will save you the suspense, this case has been over for a long time, and during District Attorney Jeff Reisig’s brilliant closing, he buried Marco Topete.

That’s right, I called it brilliant and it was.  We can take nothing away from that.  Mr. Reisig cut the perfect tone, both painting Mr. Topete as a monster, repeatedly showing him to be a danger to those inside and outside of prison, and creating sympathy for the victim.  He did his job, he did it well.

DA Reisig Makes Emotional Case For Death Penalty in Topete Case Closing Arguments

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After three years of waiting, and three months in trial, then a conviction of first degree murder with four special circumstances, the jury in the Topete case now has the unenviable task of determining whether Marco Topete should spend life in prison without parole or get the death penalty.

District Attorney Jeff Reisig made the closing case for the prosecution and tried to take that choice out of the hands of the jury, arguing that Mr. Topete had made these decisions and put himself in this place, and their job was to simply follow the law.

The Right of Citizens Filming Police Encounters in the Cross Fire

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Last spring at Picnic Day, the Vanguard decided that one of the best ways to follow what was going on was to drive around, spot law enforcement vehicles pulling people over and film the encounters.

The result was, as one would normally expect, a large number of arrests and detentions, but very little if anything of note.  We did this believing we had the constitutional right to film what had occurred in a public area.

Is Governor Perry About to Mess Up Another Death Penalty Case?

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Texas Inmate Scheduled to Die Despite Untested DNA Evidence

This past summer Governor Rick Perry of Texas signed into law a simple measure that would require the state to test DNA evidence if it is available.  But as Governor Perry struggles on the Republican presidential campaign trail, he has thus far denied Hank Skinner, a death row inmate, a DNA test that has the potential to prove his innocence, or at leats remove any doubt as to his guilt.

The cost of this test: 550 US dollars.

Appellate Court Throws Out Portions of Amtrak Attack Convictions Due to Overcharging

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It was presented as a seminal case to illustrate the threat that the Broderick Boys  presented for the community of West Sacramento.  In April of 2007, three defendants – Austen Nunes, Pauliton Nunes, and Daniel Bonge went with several others to the train tracks in West Sacramento to drink some stolen beer.

As the train approached, a member of the group stood on the tracks and Austen Nunes threw a rock at the train.  “The train stopped and the angry engineer got off the train. A vicious assault on the engineer followed.”

Man Who Wrongfully Spent 20 Years in Prison, Headlines Tonight’s YJW Event

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Just over six months ago, 43-year-old Maurice Caldwell walked out of the San Francisco Jail a free man, for the first time since his conviction of second-degree murder in a fatal shooting of an individual named Judy Acosta at the Alemany Public Housing Project on June 30, 1990.

“There was only one eyewitness. There were clear problems in her testimony,” said Paige Kenab, supervising attorney at the Northern California Innocence Project, in an interview at the time.

Lawyers for Occupy Sacramento Plan to Sue the City

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For nearly a month now, Occupy Sacramento activists have been cleared from the park on a nightly basis.  Now three Sacramento area attorneys are representing them, led by Mark Merin, who will receive an award on Thursday night from the Vanguard in Woodland, as Vanguard Outstanding Attorney of the Year.

According to a release, they have argued that their rights to speech and assembly have been violated by the City of Sacramento.  The suit has been filed on behalf of 34 named plaintiffs, including infamous activist Cindy Sheehan.

Where Wrongful Convictions Link with the Death Penalty

JudicalWatchPoster_rgb_150dpi_600px-1.jpgNatasha Minsker – Death Penalty Policy Director of the ACLU of Northern California

Ms. Minsker began her career at the Alameda County Public Defender’s Office, spending the first year as a research attorney in the Capital Defense Unit and the remaining four years as a Deputy Public Defender, handling all types of misdemeanor, felony and juvenile cases.

In an interview, she described her first day working the public defender’s office.

Passion for Justice Drives Public Defender Tracie Olson

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In June of 2009, Tracie Olson took over as public defender for Yolo County when Barry Melton retired. At the time of his retirement, Melton said, “Tracie is a fine lawyer, a talented administrator, a deeply compassionate human being, and a true public servant.”

Tracie Olson chose to become a criminal defense attorney after she traveled to Harlingen, Texas, to represent a Guatemalan man who had been tortured and abused because he declined to help a political cause that he did not believe in.  He hid his family in a neighboring town with the promise that he’d go to America, find help, and then return for them when he could.  However, upon entering America, he was detained and prosecuted for having the audacity to enter the country without the proper paperwork.