Yolo County

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.

Informe: Reciben los acusados criminales en el Condado de Yolo una defensa adecuada?

La gran mayoría de acusados en el Condado de Yolo se representan por el defensor público o por un abogado de conflictos (también nombrado por el tribunal). Nuestras investigaciones sugieren una gran disparidad en los recursos disponibles a la defensa pública de los acusados en el Condado de Yolo, siguiendo las tendencias para el estado de California como una totalidad.

Significa que los acusados no se representan bien? Tracy Olson, la defensora pública del condado, dice que no, pero al mismo tiempo la disparidad entre los recursos de la oficina del DA y el defensor público es demasiada grande para ignorar.

Report: Are Criminal Defendants In Yolo County Getting An Adequate Defense?

courtroom.jpgThe vast majority of criminal defendants in Yolo County are represented through either the public defender’s office or by conflict counsel, also appointed by the court.  Our research suggests a vast disparity in the resources available to the public defense of the accused in Yolo County following trends for the state overall. 

Does that mean that defends are not being well-represented?  Tracie Olson, the County’s Public Defender, says no, but at the same time the resource gap between the District Attorney’s Office and public defense is perhaps too large to ignore.

Rexroad Finds Himself in Hot Water Over Palin Comment

matt_rexroad2It began as a very simply comment that Matt Rexroad has likely done thousands of times, he updated his Facebook status as he would sometimes update his blog, rexroad.com, with a comment about the political world.  And for those that believe that Matt Rexroad is nothing more than a cut and dried Conservative Republican, the Matt Rexroad I have gotten to know over the last four years has a considerable amount of gray.

So when I saw his Facebook status, as he is indeed a “Facebook friend,” I laughed and thought nothing of it, it was Matt Rexroad being Matt Rexroad.  He wrote, “Matt Rexroad understands that it works with Republican voters… but if Sarah Palin endorsed me I would be too embarrassed to tell anyone.”

Fue Luis Gutiérrez un Sureño?

Para cualquiera razón, decidí comentar en un artículo en el Woodland Journal que hizo una reclamación sobre la Coalición de la Justicia del Condado de Yolo. El artículo mismo no se interesa mucho, pero uno de los moderadores del sitio, Dino Gay, hizo algunas afirmaciones que llamó hechos.

“Navarro fue Sureño. Fue drogado. Tuvo un cuchillo. Sacó el cuchillo ante un agente de la policía. Otra vez, todos hechos.”

Was Luis Gutierrez a Sureño?

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For some reason I decided to weigh in on a post on the Woodland Journal that made a claim about the Yolo County Justice Coalition.  The post itself was not really that interesting, but one of the moderators over there, Dino Gay, then made assertions about the Gutierrez case that he called facts.

“Navarro was a Sureño. He was high. He had a knife. He pulled the knife on an officer. Again, all facts.”

El DA quiere “3 Strikes” para un hombre con enfermedades mentales acusado del vandalismo

Un proceso comienza hoy día para Loren Poirier, 42, acusado en casos distintos del vandalismo. Sr. Poirier tiene una historia personal del trastorno bipolar, y hay preguntas serias sobre su competencia para ser enjuiciado y también sobre su estado de mente cuando se cometen los crímenes.

No obstante, el DA del Condado de Yolo, en una inversión del juicio del ADA James Walker, quien fue asignado originalmente a este caso, se lo persigue como un caso de “3 strikes” y quiere encarcelar a Sr. Poirier para el resto de su vida.

DA Seeks Three Strikes for Mentally Ill Man Accused of Vandalism

courtroom.jpgA trial begins today for Loren Poirier, 42, accused in separate cases of vandalism.  Mr. Poirier has a history of serious mental illness, diagnosed as Bipolar Disorder, and there are serious questions both about his competency to stand trial as well as his state of mind at the time in which the crimes were committed.

Nevertheless, the Yolo County DA’s office, apparently overruling the judgment of Deputy District Attorney James Walker, who was assigned to this case, is pursuing this as a three strikes case and seeking to put Mr. Poirier in prison for life.

Why the West Side of the Causeway’s Silence on Raley’s Workman’s Comp Settlement?

reisig-2009On Monday we learned that Raley’s has agreed to pay a settlement of $550,000 to resolve a case brought by the District Attorney’s offices in six counties including Yolo County, for illegal practices in handling workers’ compensation claims brought forward by injured workers.

The settlement was announced on Monday by the district attorneys from Yolo, Sacramento, Placer, San Joaquin, Amador, and Monterey counties.  Yolo County DA’s office will receive $100,000 as part of the settlement.

Local attorney will discuss Yolo gang injunction

ganginjunction_catMark Merin, local defense attorney, will ask “Should Freedom Have a Curfew?” as he reviews the current West Sacramento ‘gang injunction’ at the annual meeting the Yolo Chapter of the Northern California ACLU on May 27, 6:30-9pm at the Davis United Methodist Church fellowship hall, 1620 Anderson Road in Davis. The meeting is free. All county ACLU members are invited, and the public is welcome.

After a potluck meal and election of new Yolo board members for 2010-11, special guest Abdi Soltani, Executive Director of NorCalACLU will provide a brief update of current ACLU activities, followed by Merin’s presentation.

“Until There’s Justice”: One Year Anniversary of the Shooting Death of Gutierrez Marked by Tears and Resolve

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This time the tears flowed freely down the face of Santos Gutierrez and who could blame him.  It has to have been an horrific year since he’s lost his son, Luis Gutierrez Navarro, so far with only suspicions, thoughts of cover up and whitewash and few explanations aside from the usual cover-your-backside report from the DA’s office.

A year ago there were two hundred people that showed up to march in solidarity, this time if it was a quarter of that, they were lucky.  But this is a process that cannot be marked by numbers alone, it has to be marked by passion, compassion, and a bit of fortitude.

Hasta que haya justicia: el aniversario del asesinato con arma de fuego de Gutierrez marcado por lágrimas y resolución

Esta vez las lágrimas corrieron libremente sobre la cara de Santos Gutierrez, y quien le puede echar la culpa. Tiene que ha sido un año horrifico desde que él perdió su hijo, Luis Gutierrez Navarro, y solamente con sospechas, pensamientos de un encubrimiento y blanqueo, y pocas explicaciones aparte del reporto usual del DA.

Hace un año habían dos cientos personas que marcharon en solidaridad; esta vez, si fueron un cuarto de este numero, tuvieron suerte. Pero este es un proceso que no puede ser marcado solamente por números. Hay que ser marcado por la pasión, la compasión y un poquito de fortaleza.

Former UCD Police Officer SLAPPed For 20K in Fees in Civil Rights Suit

Defendants Awarded This Sum Despite Prevailing on Only 7 of 17 Causes of Action –

courtroom.jpgOn April 15, the Vanguard ran a story that UC Davis is using anti-SLAPP legislation as a means to undermine civil rights protections for employees.  One of the cases we were tracking to illustrate the problem is the case of former UC Davis Police Officer Calvin Chang, who alleges he was the victim of discrimination based on both his race and sexual orientation.

The Vanguard has learned in that in a tentative ruling, the judge has awarded UC Davis 20,756.25 dollars for attorney fees and 407.39 dollars in costs for a total of 21,163.64 dollars.  We argued two weeks ago that this represented an abuse of anti-SLAPP legislation and the extension of SLAPP to include civil rights cases that it was never intended to cover.

Reisig Unopposed for DA, But That’s Not Unusual

reisig-2009People have come up to me quite frequently in the last few months asking why no one has challenged District Attorney Jeff Reisig.  That’s a complicated question that in part shows his strength in the office despite criticism from small segments of the population.  But in part, is the larger part of a much bigger puzzle.

According to the Yolo County Elections office the 2006 battle between Deputy District Attorney’s Jeff Reisig and Pat Lenzi was the first of its kind in Yolo County since 1990.  Dave Henderson was elected five times to office, was unopposed in 1994, 1998, and 2002, and drew opponents in his first two elections in 1986 and 1990.  In other words, only one of the last five DA elections has been contested.

Commentary: Not One Witness Saw Gutierrez with a Knife or Attack the Sheriff’s Deputies with a Knife

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In the last week we had a third Independent Civil Rights Commission meeting and also the announcement by the Sheriff’s Department that the officers had been cleared in an incident where the deputy had allegedly pointed a gun to the head of a nine-year-old girl.  While we may never know for sure, the case of Christal Ochoa probably came down to the word of the family against the word of the deputies. 

Meanwhile, we had more witnesses testify last weekend, depicting the Gutierrez shooting.  One of the witnesses apparently saw the badge of a Sheriff’s Deputy, but never saw a knife in Mr. Gutierrez’s hand.  The investigator believes there is another witness, who thus far has refused to come forward out of some sort of professed fear, that he believes actually saw the shooting.

Commentary: If Sheriff Has Nothing To Hide, Then Show Us Your Report

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Let me be honest here and say that I am frustrated with the way our county’s law enforcement operates.  We have had an official investigation by the District Attorney’s Office in the case of the shooting Luis Gutierrez.  They report to us that they found no evidence of criminal wrongdoing.  However, the report that they released was a very obvious summary of facts rather than a complete report.  So we are left to either take their findings on faith or to doubt their findings because there are huge unexplained factors.

Requests for a disclosure of the full investigation have resulted in both claims of privilege and claims that it is an ongoing investigation.  When the DA wants to release information from ongoing investigations they do so.  They released a statement of probable cause and the coroner’s report within a week of the shooting.  Why?  Because they believe it showed justification from the shooting.

Sheriff’s Investigation Claims That Incident Involving a Gun Pointed At Nine Year Old’s Head Did Not Occur

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When the Yolo County Independent Civil Right’s Commission revealed allegations by Crystal Ochoa and her family, that Yolo County Sheriff’s Deputies as part of the Yolo County Gun Task Force put a gun to the then-nine-year old girl’s head, Sheriff Prieto expressed doubt that his deputies would do that but vowed to investigate the incident and have a report in 30 days.

That 30 days had extended to nearly two months, but finally in a letter dated April 19, 2010, the Sheriff’s Department released their findings.  They had three findings that were unfounded including Standards of Conduct, Display and Handling of a firearm, and DIsplay and Discharge of Firearm.

One Witness Deported and Another Fled to Mexico After Gutierrez Shooting

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While a second round of hearings occurred on Sunday, without the committee receiving additional documents, Justice Cruz Reynoso indicated that this might be all they can do for some time.  As it was, two of the witnesses were reportedly too frightened to come forward and instead their testimony was read into the record Sunday afternoon in Woodland. (pictured above)  A third witness who apparently is the only witness to actually see the shooting has refused to come forward.

Meanwhile a toxologist told the Justice Reynoso that he needed to actually examine the blood  in order to make any definitive determinations about Luis Gutierrez’ level of intoxication.  Thus he did not come forward as a witness Sunday . The Justice indicated that while requests have been made for evidence, the County has informed them that the DA has partially re-opened the investigation.

Commentary: Reforming the Court System Would Solve Most of its Fiscal Problems

There was an interesting op-ed in the Woodland Daily Democrat this week written by Judge David Rosenberg and Jim Perry, who is the Court Executive Officer.

The title of the article, “Budget decisions by supervisors will affect criminal justice system,” says much of the problem here.  There is no doubt that the budget decisions by the county supervisors WILL severely impact the criminal justice system, just as it will impact social services, health care, and dozens of other county services.  That is the downside of needing to cut more than $20 million.