Yolo County

Deputy DA Displays Odd Courtroom Behavior

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Every so often it pays off just sitting in the courtroom.  In fact, that is part of the premise of Yolo Judicial Watch – the need to get people into the courtroom who can monitor and bear witness to the proceedings.  On Wednesday this paid off as I waited patiently for pre-trial motions to begin in the Gang Injunction Trial, set to begin next Wednesday.

I watched as Deputy District Attorney Clinton Parish became increasingly unhinged in Judge Kathleen White’s courtroom as a series of ruling went again him to the point where he seemed to becoming threatening to both Judge White and the defense counsel he was up against.  Whether he was actually speaking for the DA and illuminating new policy is something that we will have to see.

Rosenberg Fires Back Arguing that Letter From Blacklock Does Not Terminate Benefits

rosenbergThis morning the Woodland Daily Democrat is reporting that Yolo County Judge David Rosenberg is disputing whether a letter from County Administrator Patrick Blacklock to William Vickrey that the county believed would preserve the county’s ability to terminate supplemental judicial benefits by filing just before the 180 period expired, in fact constitutes notice under the pertinent California Government Code section.

The notice was sent out at 4:59 pm Wednesday, just before the deadline to deadline to terminate county-funded benefits for four judges whose terms expire Jan. 1, 2011.

Judge, Supervisors Take Issue with Term “Slush Fund”

rosenbergThis morning the Woodland Daily Democrat had to backtrack off reports that Judges’ benefit would remain in place for another two years.  The  Democrat reported on Thursday that it is a done deal and that the county will have to continue to pay the benefit for the next two years.  “By not acting before today, the Yolo County Board of Supervisors has committed taxpayers to providing $80,324 in additional benefits to Yolo Superior Court judges over the next two years.”

However, the Vanguard learned just before publication that in fact that report was premature.  The Vanguard received a letter from County Administrator Patrick Blacklock to William Vickrey which would preserve the county’s ability to terminate supplemental judicial benefits by filing just before the 180 period expired.

Judge Rosenberg Fights to Preserve Judicial Slush Fund

rosenbergWhy is Yolo County Paying Judges 40K Per Year in Benefits?

A controversy that has been brewing for some time between the County and Yolo County Judges may be exploding as a deadline approaches as to whether the county, strapped for cash, will have to continue to pay judges, ostensibly under state and not county control over 40 thousand dollars per year in benefits that Supervisor Matt Rexroad has likened to a “slushfund.”

This morning, the Woodland Daily Democrat is reporting that it is a done deal and that the county will have to continue to pay the benefit for the next two years.  “By not acting before today, the Yolo County Board of Supervisors has committed taxpayers to providing $80,324 in additional benefits to Yolo Superior Court judges over the next two years.”

DA Seeks To Exclude Public From Gang Injunction Court Room

ganginjunction_catThe Gang Injunction trial is rapidly approaching and gamesmanship is clearly afoot.  The DA is making a motion to exclude all witnesses from the courtroom prior to testimony.  While that sounds harmless, the effect will be that a large portion of the effected communities of Broderick and Bryte would be excluded from the courtroom for the majority of the trial as the prosecution would get to lay out their case and witnesses first.

The DA is filing two separate motions for the exclusion of not-testifying witnesses.  “Plaintiff requests that those witnesses not testifying be excluded from the Courtroom pursuant to Evidence Code section 777(a).”  And in a separate motion, “Plaintiff would ask that Court to receive a representation from defense counsel that any person remaining in the courtroom during testimony will not be used for any part of defendants’ case (in chief, rebuttal or otherwise) before allowing that person to stay in the Courtroom.”

DA’s Office Attempts to Blur Lines on Gang Issues

gang-stock.jpgOn June 11, the Yolo County District Attorney’s Office informed lawyers fight against the implementation of a permanent Gang Injunction in West Sacramento that they will be using the testimony of Angel Sanchez and Jesse Sanchez in the gang injunction trial which is set to begin in just two weeks on July 12, 2010.

Specifically they will use the fact that Angel Sanchez testified that he was a gang member, specifically a member of the Broderick Boys and that they have engaged in a pattern of criminal activity for years.  We covered this case a few weeks ago.

Family and Supporters Gather in the Park For One Year Anniversary of Ajay Dev Conviction

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It has been a year since a Yolo County Jury Convicted Ajay Dev of multiple counts of rape of his adopted daughter.  He would in August be sentenced to 378 years in prison.  The family continues to maintain his innocence, and  to bring up  evidence that the multiple incidents of rape did not occur.  Many people continue to offer general support to the family.

In a letter to family, friends, and well wishers, Ajay Dev said, “This June 25, 2010 marks one year since the worst miscarriage of justice that has occurred against me and my family. It has been tremendously difficult as the wounds of betrayal, injustice and the loss of my freedom are still very fresh.”

 

UC Davis Whistleblower Gains Settlement After Retaliation in Theft Case

universitycat.pngLast week a nutrition specialist at UC Davis received a settlement from the university after she claimed she was subjected to retaliation for blowing the whistle on fraud perpetrated by a subordinate.

Amy Block Joy filed her complaint in September 2007 and a subsequent investigation by the university verified many of her allegations.  These included activities of another employee over a 6 year period.  The employee pled guilty in 2008 to theft in 2008, admitting to spending federal funds on hundreds of items.  Remarkably, the employee was only sentenced to a year in prison and ordered to pay government restitution of $128,681.80.

Daily Democrat’s Editor Responds to Vanguard Criticism of Reprinting Press Releases

newspaperOn Wednesday the Vanguard ran the story, “Media Bias in Local Court Coverage” which described how the District Attorney’s Office effectively gets to write their own stories.  To illustrate the point, we ran the DA’s Press Release side-by-side with the Woodland Daily Democrat’s article covering the same story.

The article went on to point out several inaccuracies or omissions that the Daily Democrat reprinted without fact-checking.  From our standpoint this is a problem as the public receives a very slanted view of what actually transpired and there is no effective media check against the DA’s PR campaign.

Yolo County’s Problems Responding to Requests For Public Information

American_Democracy_small.jpgThere is a good article this morning in the Woodland Daily Democrat on the problems that the Yolo County Counsel’s Office had with responding to public records requests.

Earlier this year, I had made a request for information from the County Counsel’s office, it took several months and every so often I would send Assistant County Counsel Dan Cederborg an email asking for an update on the status.  He stopped responding, did not return my calls, etc.  After awhile, I finally asked Supervisor Matt Rexroad to intercede, he made some calls and within a few days I got exactly what I was asking for.

Case Illustrates Even Admitted Gang Membership Does Not Necessitate Gang Enhancement Charges for Every Crime

gang-stockOne of the main complaints about the charging of cases by the District Attorney’s Office in Yolo County is that the DA overuses the gang enhancement charge.  There are times when we believe non-gang members or questionably gang members are given extended sentences or charges by the DA’s office.  But there is another interesting set of cases, where the individuals are actually gang members, they commit a crime, but the crime should not be enhanced with a gang enhancement.

In March of 2009, the victim was walking to the store when he ran across a friend along with Angel Sanchez.  The victim did not know Mr. Sanchez prior to this date but was introduced by their mutual friend.  Together they walked back to Mr. Sanchez’s apartment and decided to start drinking alcohol.  In total there were individuals inside the apartment drinking.

Who Needs Arizona?

iceACLU Sues ICE and Sonoma County Sheriff For Exceeding Local Authority in Immigration-Related Arrests –

While many in the nation including members of our community and adjacent jurisdictions have protested and boycotted Arizona’s immigration law that gives law enforcement the legal ability to racially profile in an effort to identify potential undocumented workers and residents, a lawsuit in the neighboring county of Sonoma is moving forward alleging much of the same activity.

Last week, a federal judge in San Francisco allowed a lawsuit to move forward that charges the unlawful collaboration between the Sonoma County Sheriff’s Department and the U.S. Bureau of Immigration and Customs Enforcement (ICE) to unlawfully target, arrest, and detain Latinos in Sonoma County.

Media Bias in Local Court Coverage

District Attorney’s Office Basically Gets to Write Their Own Stories – Unfiltered and Often Unchecked by Local Media –

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As a non-traditional media entity the Vanguard and sites like it, is often criticized for presenting a biased perspective and slanting its news coverage.  The Vanguard believes its role is to cover news stories in greater detail, and present alternative and opposing perspectives from the mainstream newspaper.

However, we also take issue with the notion that news covered by traditional media outlets, such as newspapers necessarily represent fair, unbiased, and accurate assessments of what has actually happened.  While we believe that individual reporters endeavor for journalistic standards of fairness and balance, the decisions made by editors introduce bias in terms of what gets covered and what does not get covered.  But just as important, newspapers given their lack of staffing and resources will often rely on third-party press releases and news accounts from government agencies to be printed, almost verbatim.

 

Un hombre de Woodland sentenciado a 38 años para una negociación de drogas que resultó violento

En 4 junio, 2010, el juez del tribunal superior del condado de Yolo, Tim Fall, sentenció Anthony Vasquez a 38 años y 8 meses a la cadena en perpetua después de la condenación de un jurado para el robo y el intento de disuadir un testigo.

Según un comunicado del DA, el jurado encontró a Vasquez culpable del robo con el uso intencional de un arma de fuego, la descarga de un arma de fuego que causó gran daño físico, asalto con un arma de fuego que causó gran daño físico y del intento de disuadir un testigo. El jurado también declaró que se cometieron los crímenes en beneficio de una pandilla criminal callejera.

Woodland Man Sentence to 38 Years in Drug Deal Turned Violent

courtroom.jpgOn June 4, 2010, Yolo County Superior Court Judge Tim Fall sentenced 22 year old Anthony Vasquez to 38 years and 8 months to life in state prison after a Yolo County jury convicted him of robbery and attempting to dissuade a witness. 

According to a release from the DA, the jury found Vasquez guilty of robbery with intentional use and discharge of a firearm causing great bodily injury, assault with a firearm causing great bodily injury and attempting to dissuade a witness. The jury also found that the crimes were committed for the benefit of a criminal street gang.

Con tres graduados en mayo, se falta el tribunal de drogas?

En el otoño de 2008, el juez David Rosenberg y el juez Janet Gaard escribieron un op-ed que apareció en ambos el Woodland Daily Democrat y el Davis Enterprise. Fueron oponiéndose la Proposición 5, que fue el Nonviolent Offender Rehabilitation Act (la ley para la rehabilitación de delincuentes no violentos), que se suponía reducir el número de infractores drogodependientes encarcelados.

En este artículo que se enfocó principalmente en los particulares de la proposición, ellos afirman, “Creemos en los tribunales de drogas y la posibilidad verdadera de que los tribunales de drogas pueden ayudar a personas que quieren escaparse de sus adicciones y mejorar sus vidas.”

With Three Graduates in May, Is Drug Court Failing in Yolo County?

courtroom.jpgIn the fall of 2008, Judge David Rosenberg and Judge Janet Gaard wrote an op-ed that appeared in both the Woodland Daily Democrat and the Davis Enterprise.  In it, they were arguing against Proposition 5, which was the Nonviolent Offender Rehabilitation Act, which was supposed to reduce the costs by pushing nonviolent drug offenders away from prison.

In that op-ed that focused mainly on the particulars of the proposition, they argued, “We believe in drug courts and the real possibility that drug courts can help people escape addictions and turn their lives around.”

Harris, candidato para AG, se acusa de no revelar información sobre la mala conducta de la policía

La primária democrática para la oficina del Abogado General está en sus últimos días, y no hemos tratado la elección en la que hay seis candidatos del partido democrático que quieren ganar la nominación. Una de ellos se llama Kamala Harris, el DA de San Francisco. Srta. Harris se encontraba en una controversia en miércoles cuando el defensor público de San Francisco, Jeff Adachi, la acusó de rehusando de “ entregar los nombres de los agentes de la policía con antecedentes criminales o antecedentes de mal conducto cuyos testimonios han ayudado a condenar acusados a los abogados defensores,” según un informe en el San Francisco Chronicle en jueves.

Kamala Harris discute que su oficina necesita examinar los nombres antes que el defensor público, y que ella necesitaría la permisión del tribunal para dar los nombres de los agentes a los abogados defensores.

Attorney General Candidate Harris Accused of Withholding Info on Police Misconduct Histories

police-lineWe have not given coverage to the Attorney General race that is coming down to its final days for the Democratic Primary, where six democrats are vying for the nomination.  One of them is San Francisco District Attorney Kamala Harris.  Ms. Harris found herself in a controversy on Wednesday when San Francisco Public Defender Jeff Adachi accused her of refusing to “turn over to defense lawyers the names of police officers with arrest records or misconduct histories whose trial testimony has helped to convict defendants,” according to a Thursday story in the San Fracisco Chronicle.

Kamala Harris is arguing that her office must first review the names and only after going to court for permission would her office alert defense attorneys to the officers’ problems.