Can there be murder without malice aforethought?

The PE reports on a case where the DA accuses a reckless driver of first degree murder. The DA contends the drivers intended on sideswiping another vehicle which ended up killing a third party and that this is murder. Obviously there is no malice aforethought and one wonders how this can be first degree murder.

Inland empire's unemployment rate soars

Unemployment in the area is now 9.5%. See here for the report.

Give credit where credit is due

The PE reports that the DA plans on pursuing the killer of Anthony Martinez and will seek his extradition. As many will remember, Anthony was the 10 years old boy snatched from his home by an evil man. His murderer's fingerprints matched one recovered at the scene and it appears clear that the suspect is likely guilty.

The author of the story does a hatchet job on the DA by making it seem as if the extradition is pointless. Apparently the killer was already convicted of murder and sentenced to death for another murder and kidnapping in federal court. Anthony, his mother, the citizens of Beaumont and the county deserve justice even if it will spend some tax dollars.

If you fail at the ballot box, sue

The PE reports here that

"Even before the last votes were counted Wednesday on a state constitutional amendment banning same-sex marriage, gay-rights groups and a married lesbian couple were turning to the courts to overturn the measure. "

As readers know, the people in 2000 approved another proposition which created a law that marriage shall only be between a man and woman. When the state Legislature created civil unions with all the same rights and privileges as marriage, the state supreme court found that this violated gay citizen's rights of equal protection. The people as is there right then sought to amend the state constitution to re-implement the law. It passed. The plaintiffs in the above action will surely once again try to get from the courts what they can't get from the people.

Local Riverside resident Jill Johnson-Young is quoted:

"Jill Johnson-Young, who in September married her partner of 21 years, Linda Johnson-Young, at a Riverside church, said she was angry that same-sex marriage opponents were trying to void her marriage."

"It makes me sick," she said. "We wish our marriage and family can be left alone. My marriage has never affected them, and for them to try to take this away from me and force Jerry Brown to spend tax money on this -- the level of hatred they have is unbelievable."

It can't possibly be that supporters of Prop 8 really believe in their hearts that society has an interest in seeing that children are raised by a husband and wife. No, it has to be hatred.

This article also has another quote from Karthick Ramakrishnan, an assistant professor of political science at UC Riverside who is also sited previously on this weblog.

The good professor is quoted:

"many people who voted for Obama and Prop. 8 were social conservatives who typically vote Republican but voted Democratic this time because economic concerns trumped beliefs on social issues."

This doesn't quite square with the demographics of the state or the failure of proposition 4. Prop 4 would have required parental notification for abortions. A similar proposition was also defeated several years back. It received approximately 46% of the vote. This proposition was widely supported by social conservatives. There can't be many more social conservatives than that. So how does Professor Ramakrishnan account for the additional 6 percent who voted for proposition 8? Could it have been that a majority of people have closely held views that that society has an interest in seeing that children are raised by a husband and wife.

The author of this article does what many attorneys do in trials: Get an expert to state the point they want made. Whereas attorneys are advocates and need to make their point, why is a journalist trying to make a point? Just report the news!

Rod Pacheco in the news

The PE reports here that

Riverside County District Attorney Rod Pacheco's new $126.5 million headquarters will supply more space per employee than many prestigious private law firms provide, several outside brokers and planners said.

About 600 district attorney employees are set to move into the 260,000-square-foot building in downtown Riverside when it's completed in about 20 months. That averages out to more than 430 square feet per employee, well above the average for private legal firms, four office brokers and space planners said. They cited averages ranging from 200 to 320 square feet per employee.

So apparently, these well meaning government bureaucrats will enjoy amenities better (25-50% more space) than an average law firm. That's your tax dollars at work.

OLPH victimized by hate crime

The PE reports here that some unidentified individual used "Yes on Prop 8" signs to create a swastica and left it on the lawn of "Our Lady of Perpetual Help" catholic church. The perpetrator surely fancied himself a tolerant person.

Gay Murrieta residents feel isolated

The LATimes publishes an account of a lesbian couple who live in Temecula and Murrieta here. The Times laments:

Opposition to gay marriage, Republican domination and a strong evangelical Christian base have combined to make southwest Riverside County a bastion of social conservatism in a largely liberal state.

You can always count on the Times to find an expert to support their thesis:

Karthik Ramakrishnan, associate professor of political science at UC Riverside.

"In the Inland Empire in general, people are more involved in the church than in other parts of the state," said Ramakrishnan. "There is much less civic involvement. There is less of a nonprofit infrastructure and not as many other venues to get involved in."

There you have it. Murrieta and Temecula residents are less likely to be involved in civic matters and that's why this lesbian couple does not feel comfortable. You'd have to be an intellectual to believe that.

Man nearly gets thumb bitten off, kills attacker

The PE reports here that a dog nearly bit off a man's thumb. In defense, the man took a rock and severely injured the dog who was later destroyed. The dog's owner can't bear to live next to the man who killed her dog. She may want to review the strict liability section of the code and temper her allegations. She's going to be on the hook for his medical care. Strict liability is an aberration in the law which doesn't care about such things as negligence. If you or in this case do the offense, your liable.

13 years late the Juice gets squeezed

Breaking news: Orenthal James Simpson was found guilty of 12 charges stemming from his self help methods in trying to recover certain memorabilia. He faces life imprisonment in the hot Nevada desert.

$10m award against CalTrans

The PE report here that a driver confused by poor demarcation was injured on a road which had 8 traffic accidents within a 21 month period. The jury awarded him $10 million dollars against the people of the state of California. That's a lot of gas tax.

Report on the state of the courts

The PE reports on the state of Rivco's superior courts. It's not good. Too many criminal cases and not enough judges. Obviously you never believe everything you read, but this quote in the story is particularly striking:

"Prosecutors stand by their filing policy, and say judges are to blame for refusing to open non-traditional courts such as family law and probate courts for criminal cases facing constitutional speedy trial dismissals."

Was this in the report? Was this journalistic liberty or an actual quote from the report? If it's the latter, what total hubris. My BP is rising along with all civil litigants who can't get their day in court because of the DA's outrageous position.

Imagine you're a small contractor with a very large contract with a giant general contractor. You've got 10 people on your payroll working on a $250,000 contract. The way these contracts work, the sub contractor has to advance costs for payroll, including payroll taxes and worker's compensation in addition to maintaining a surety bond and insurance. If the subcontractor doesn't pay these, he is in deep you know what. The state is merciless with employers who don't keep current with these. Well suppose the general contractor screws up and determines that it is going to pass the buck to the subcontractor. What is the contractor do? He's between the proverbial rock and a hard place. The courts are impacted and he can't get a trial, so what? bankruptcy? Maybe the state will give him a break?

Please stop laughing.

Move along there's nothing to see.

You knew it was gonna happen.

Lost among much of the brouhaha on same sex marriage is what will happen when marriage rights are extended beyond male-female marriages. The PE reports on a manifestation of this here.

In 1998 California's voters said emphatically that marriage shall only be between a man and a woman. Ten years later our robed masters in the California Supreme Court determined that the voters violated the state's constitution.

During this time period, the state Legislature decided that same sex couples should have the same rights as married couples and provided a Domestic Partnership equivalent. Now, some unmarried couples of different sexes want the same rights of domestic partnerships but don't want to get married. These couples say its discrimination.

Gov. Schwarzeneggar vetoes home lending bills

Several bills meant to regulate large residential real estate loans were dinged by Govenor Schwarzeneggar. See the PE report here.

Mateo's saga comes to an end

As readers know, Mateo was the 3 year old who died from a blunt instrument impact that a jury believe was done by his mother Cecilia Ochoa. Ms. Ochoa waited several hours before reporting his death. A jury found this facts sufficient to find second degree murder.

Second degree murder is defined as murder which is not first degree. See Penal Code section 189 which says:

All murder which is perpetrated by means of a destructive
device or explosive, a weapon of mass destruction, knowing use of
ammunition designed primarily to penetrate metal or armor, poison,
lying in wait, torture, or by any other kind of willful, deliberate,
and premeditated killing, or which is committed in the perpetration
of, or attempt to perpetrate, arson, rape, carjacking, robbery,
burglary, mayhem, kidnapping, train wrecking, or any act punishable
under Section 206, 286, 288, 288a, or 289, or any murder which is
perpetrated by means of discharging a firearm from a motor vehicle,
intentionally at another person outside of the vehicle with the
intent to inflict death, is murder of the first degree.  All other
kinds of murders are of the second degree.
  As used in this section, "destructive device" means any
destructive device as defined in Section 12301, and "explosive" means
any explosive as defined in Section 12000 of the Health and Safety
Code.
  As used in this section, "weapon of mass destruction" means any
item defined in Section 11417.
  To prove the killing was "deliberate and premeditated," it shall
not be necessary to prove the defendant maturely and meaningfully
reflected upon the gravity of his or her act.

The key words being all other kinds of murders are of the second degree. As such, under Penal Code 187 "malice aforethought" is necessary. I can see where the jury could find her delay malicious, but I just don't know whether the DA could really prove and the jury could find malice aforethought.

Daniel Heath given 127 years prison time for fraud

The PE reports here on the sentencing of Daniel Heath.

Capping proceedings filled with emotional and sometimes angry testimony, a judge Friday ordered the key defendant in a $190 million investment fraud scheme that bilked nearly 1,600 victims to serve 127 years in state prison.

Prison sentencing hearings are some of the most interesting court proceedings. The law allows victims a chance to address the guilty as well as to allow the guilty to have some words by him or his friends/family.

One item that was interesting about this article was DA Michael Silverman's comment:

"For someone who shows no remorse for what he has done, the only right thing to do is to keep him away from society for as long as possible."

Yet the journalist stated that Heath was choking back tears. Sounds like remorse.

Ralph Nadar in the IE

25 people greeted presidential candidate Ralph Nadar at Fairmount park. the PE has the report here.

Financial crises must read

The Wall Street Journal does a community service in publishing this article on the current financial crises. It is staggering to imagine what will happen to the economy if people can't buy on credit a car or house.

News about open space

The PE reports here that the Western Riverside County Regional Conservation Authority just purchased 2041 acres of open space in southwest RivCO which will help in its requirement to assemble 153,000 acres over the next two decades. The cost was a mere $72.5 million. The Riverside County Transportation Commission is obligated to provide $153 million in Measure A funding toward habitat conservation and already has contributed $125.8 million, including the money for these lands.

Mr. Pacheco has some 'splaining to do

The PE reports here:

Riverside County District Attorney Rod Pacheco decided against seeking the death penalty in the case of a Murrieta man charged with murder for financial gain in connection with his wife's April slaying, officials announced Thursday.

Kelle Lee Jarka , 40, faces life in prison without the possibility of parole if convicted of murder for monetary benefit after the bludgeoning death of his wife, Isabelle, in their Murrieta home.

On April 28, with their infant son nearby, Isabelle Jarka was repeatedly beaten on the head with a blunt object in the couple's bedroom, according to police and court records. Kelle Jarka had taken out $1 million in life insurance on his 40-year-old wife weeks before her death and the family home was in foreclosure, authorities and public records state.

The question is why not? This is one of those cases the Reverend Jesse would cite to support a disproportionate application of the ultimate penalty to blacks and hispanics.

Pacheco accused of cronyism

The PE reports here that the IELB's favorite prosecutor Rod Pacheco

created a new group of staff and filled the unit partly with his one-time Assembly aides and former Republican political operatives.

The 10-member executive division, set up over time, costs taxpayers more than $500,000 each year in salaries alone and reports directly to the district attorney, a review of public records shows.

this is a must read if only for the picture of Mr. Pacheco. I think The Atlantic's Jill Greenberg practiced on Mr. Pacheco's mug before proceeding to Senator McCain.

Hemet and Barstow - crime havens

Who new? Hemet and Barstow have some of the most violent crime among cities of less than 100,000.

Felony murder charges result in acquittal

The PE reports here on an interesting trial which just concluded.

"Three men entered a Riverside liquor store in December 2005 to rob it, one of them sticking a gun in the owner's face. The shopkeeper pulled out his own weapon, killed the gunman and wounded a fleeing robber.

The district attorney's office charged the two surviving holdup men with murder in the death of their partner on the "provocative act murder doctrine" -- saying the two were responsible for his death because they participated in the crime."

Felony murder charges like this are brought when one's criminal conduct - not murder - results in death. The DA can charge murder for the bad conduct. The two defendants not involved in the gun play were acquitted. The IELB reserves judgment on the merits of the decision. But, IELB very much likes defendant's attorney Addison Steele's comment:

"We ate up two months of a civil courtroom, where regular people from Riverside should have been having their injuries resolved and their contract disputes resolved," Steele said.

Mr Pacheco are you listening?

Mayor Loveridge strikes again

The mayor once said that if Riverside is not growing it's tax revenues would shrivel and become inadequate. Well, he wasn't kidding. The PE reports here that the city wants to annex 1490 acres around Box Springs. Apparently several residents don't want it. That's irrelevant, Mayor Love wants to increase tax revenue.

Proposition 8 in the news

The PE does a community service here in explaining that homeowners laboring under inflated home prices can get their home's temporarily reassessed to reduce their taxes. However, the new assessment isn't subject to Prop 13's limitations on yearly increases. In other words, whereas under prop. 13 you are only subject to a 2% increase in assessed value per year, under prop 8 the homeowner is subject to the whims of the market up to a maximum of the homeowner's original tax basis.

Civilian trial for Marine accused of murdering civilians in Iraq

The PE reports that a former Marine accused of killing two civilians in Iraq was found not guilty by a local jury. Interestingly, Jose Nazario was working as a probationary police officer in RivCo when he was arrested. Apparently, an investigation into four deaths of Iraqi civilians by Nazario's squad let the Federal govt to believe that Narzario killed the men without justification. Interestingly, there were only two witnesses both of whom refused to testify. Why? because they were Nazario's squad members who were also going to be charged with murder. The fifth amendment affords them the right to not testify against themselves. Without these two there was no way to prove that the four dead men were not hostiles.

An interesting side issue is why the federal prosecutor brought this case in the first instance when he had to know there was little reason to believe he could prove his case beyond a reasonable doubt. The defense argued that "the prosecution had failed to prove the men were not resisting and that any crime was committed." That seems pretty obvious.

Full steam ahead

The PE reports here that Calvary chapel Christian School is moving forward with its appeal. According to the schools attorney, " It is a clear-cut case of discrimination by a secular institution against a church-based one that could affect religious-based education in the country as a whole."

Mortgage fraud and rackets

The PE reports here on some of the prevalent mortgage related rackets taking place by otherwise law abiding citizens. Cuidado.

Church and state matters

Back in 2005 several students from Murrieta Christian school were applying to the UC schools and wanted their Christian focused literature and history classes to meet the UC's prerequisites. Apparently, the UC Regents refused and a row was on. The students sued in federal court on the basis of religious discrimination. Their point was that provided the courses were academically rigorous that they should serve as prerequisites. The UC Regents contended that the courses were not sufficiently rigorous.

U.S. District Judge S. James Otero ruled:

The decision to reject a course is constitutional, the judge wrote in his opinion, provided "UC did not reject the course because of animus" and "UC had a rational basis for rejecting the course." The plaintiffs did not present sufficient evidence, he wrote, to show that the university "rejected the challenged courses to punish religious viewpoints rather than out of rational concern about the academic merit of those religious viewpoints." See the PE report here.

The important point to note is the judges contention that the UC had a rational basis. This is called the rational basis test. Most government actions under this test will pass. The govt only has to show that the action has a rational basis and that its chosen method is reasonable. The students attorney is quoted as saying that the judge applied the wrong standard. He obviously wanted the judge to apply the "strict scrutiny" standard. Under this test, the govt has to show that its position or law is narrowly tailored to address a compelling state interest. Under this standard many government laws and actions fail and are struck down. The attorney apparently wanted the UC's decision on the course work to be strictly scrutinized.

The attorney promises to appeal and in fact promises that it may go all the way to the Supreme Court. That probably is the only way the students will get relief. They must first go to the Ninth Circuit Court of Appeal. It is the most overturned of all federal appellate courts. It often gets its rulings wrong. There is probably little hope for the 9th Circuit reversing Judge Otero. This together with the fact that the Supreme court only takes approximately 70-80 cases per year, the students prospects are slim. Stay tuned.

Ouch, that's going to leave a mark

As most readers of this blog know, the IELB regularly whines about the lack of progress for handling of civil cases. Most know that because of the staggering number of criminal cases, that the county has been required by law to re-assign its civil judges to criminal cases. This wasn't enough for DA Rod Pacheco, though. He wanted the courts to reassign probate, juvenile and family law judges as well. The judges refused. Mr. Pacheco couldn't stand for this. His reputation as a tough crime fighter was on the line. So what if the administration of justice of non-criminal cases stopped? He's got to campaign that he's tough on crime. So naturally he appealed the judge's refusal to a panel of Orange County Superior Court judges. The PE reports here that the panel summarily rejected Mr. Pacheco's position.

Sanity prevails. The IELB recognizes and appreciates that the county is underserved with judges. The county should have 12o judicial positions based on its size. It only has approx 76. We're nearly 50 judges short. It may be that Mr. Pacheco believes that by creating a crisis the legislature will address the shortfall. Unfortunately, there is no reason to believe that the Legislature will ever give this matter the attention it deserves in today's economic climate. As such, non-criminal justice must continue. This ruling is a substantial breath of fresh air. Now if only we could get the civil judges back to work on civil cases. Sigh...

Coachella motor home park part 2

Several months back the IELB noted several legal issues regarding a mobile home park on indian land used mostly by migrant workers. The feds wanted to shut down the park, but the importance of the park to those who lived there was undeniable and argued in favor of keeping it open. The parties are still involved in the litigation as reported here by the PE.

Grab your wallet

The PE reports that the state and cities/counties are fighting over your tax dollars. Rest assured the loser in the battle is going to look to the tax payers.

Radio silence for 4 months and nothing's changed

I'm sure my legion of readers have wondered what's with the radio silence: Four months of no posts. I'm guilty, I apologize to all those disappointed by the lack of updates. Nevertheless, the news continues and I shall get right to the updates. The main update is that even after no posts for four months, the judicial crises remains as serious as ever. See here for the PE's report on 22 criminal case dismissals in July. As long time readers know, this has been an ongoing problem. There are simply too many criminal cases and not enough judges. The district attorney refuses to offer realistic plea bargain to criminal defendants who simply demand a trial. If the DA would offer more lenient plea bargains many of these cases could be disposed short of trial. However, when the DA refuses to make offers the criminals will take we get the backlog and, most importantly, for my law practice, civil judges are reassigned to criminal trials. This greatly hampers the administration of civil cases. It's no way to do business, but alas...

Land fraud

Here's a fascinating article on a scheme to defraud people of their real estate. Deeds were fraudulently notarized allowing people's property to be sold to innocent and ignorant third party buyers. Can you guess who loses in this situation? The original owner or the innocent third party?

Lest anyone think the judge shortage is over

The PE reports that two felony cases were dismissed for lack of a judge to hear them.

One of my own in trouble with the law and the bar

Prominent Hemet attorney Kevin Speir is being charged with embezzlement of his client's money. He is also being investigated by the state bar relating to 22 charges. See here for the PE's report. I hate to see this type of thing. If the charges prove true, it's a disaster for the client and gives all attorneys a bit of a black eye.

Great Balls of Fire

Go here for more on:

Moreno Valley raises city manager's salary 7 percent to $257,275

Moreno Valley's "City Council unanimously approved a 7 percent increase Tuesday for City Manager Bob Gutierrez, raising his base salary from $240,444 to $257,275." He also gets a car allowance of $9,360.

Does anyone know how many private sector employees get this kind of money? Or if he also gets 15 paid holidays and 3-5 weeks of vacation like most government employees?

What kind of people is Kaiser hiring?

The PE reports that "A nurse at Kaiser Permanente Riverside Medical Center is being accused by authorities of abusing her position to defraud a cancer patient." The nurse passed along private information about a 72 year old patient to allow her buddies to apply for a loan in the patient's name. Here's the interesting part:

"The woman's family found out about the scheme while the loan was being processed, when she received mail about the financial transaction, he said.

The district attorney's office arranged a sting operation, telling a realty company to have one of the suspects come to its San Bernardino office to sign a grant deed, Landrum said. Kayla Stewart, 43, of San Bernardino, who went to the office posing as the victim, was arrested on conspiracy charges, he said.

Six others, including two women who claimed to be relatives of the victim and a notary public accused of notarizing a fraudulent document, have been charged in the case, Landrum said."

I wonder how many readers think these folks ought to get some time in the big house?

Lots of prison sentences in the news

This must be sentencing week at the IELB. This is probably the most interesting of the sentencing updates. Most will remember the Dateline NBC stings regarding the perverts who showed up at a house to engage in child molestation. NBC chose the right county for one of the stings in fair ole RivCo. One of the attempted child molesters was sentenced to 8 years in the state pen.

In an interesting twist though another one of the fellows only got 120 days. Apparently 48 cases arose from the sting, and 24 have been resolved. I wonder what the gamut of sentences ranged from? See here for the PE's report.

Ouch. That's gonna leave a mark.

The LA Times reports that Wesley Snipes received a prison sentence of three years for failing to file tax returns.

Breaking news: Foreclosures up.

The PE reports that in the first quarter of this year "In Riverside County, 6,519 homes went to foreclosure, up almost 347 percent from a year earlier and setting a record for the fourth consecutive quarter."

Wow. That's severe.

As many conscious locals know, back in June 2007, UCR student Audley Yung sent several threatening notes and let off a molotov cocktail in order to scare the university into canceling commencement ceremonies. The PE reports that Mr. Yung agreed to a plea bargain where he gets 3 years in prison. Is this over the top?

Future planning news

As reported earlier, the IE is expected to gain 1 million new residents by 2015. How're they all going to get to Orange County, you ask? Perhaps through a 10 mile tunnel which is currently being studied by engineers. See the PE report here.

A third criminal trial for accused

As most readers know from high school civics class, the consitution forbids double jeopardy. In other words the government only gets one trial to take away a criminal defendant's liberty. The government gets one bite at the apple... unless the original trial ended in a mistrial. The PE reports that a Corona woman is starting her third trial. The first two ended in mistrials. The first one resulted in the jury being unable to conclude guilty or not guilty. The second occurred when the judge decided that the jurors could not be unbiased! So two prior trials, neither of which were concluded.

DA Pacheco in the news

The PE reports that DA Pacheco is lobbying for death penalty bills. The PE also reports in a neutral manner that all of the bills have Republican authors.

Tremors is gone

Following up on the story of Riverside's city attorneys attempt to reign in the unruly customers frequenting Tremors, (a story you heard here second or third), the PE reports that Tremors closed its doors. It's defunct. In other words, the blood, sweat, tears, toil, money, and industry invested by the owners has been dashed. The employees have lost their jobs. The community has lost a place of entertainment. Just because some jokers couldn't control their testosterone. I wonder if the police could have caned the unruly customers if that would have made a difference? Imagine that if some malcontent, cynically commenting on the hair, dress, posture, looks or whatever of another patron, who starts a fight, was summarily caned in front of his buddies? There would be a lot less cynicism out there and a lot more fun ... and those employees would still have jobs. Anyone disagree?

New reservoir near the Mexican border

Fascinating article here about a new reservoir proposed for collecting "water from the Colorado River, which flows into Mexico above that country's entitlement." It is your humble correspondent's understanding that no water flows into the Gulf of California anymore. If that's the case then how is it that there's any water above that "country's entitlement?"

Bad news for the Sand loving flies, kangaroo rats, etc

The PE reports that the inland empire is going to gain 1 million new residents by 2015. Those folks gotta be housed somewhere. It seems inevitable that our once wide open spaces are going to continue to get smaller. I'm curious what my legion of readers think: keep open spaces for the sand loving flies and kangaroo rats or house families or some combination of the two?

Update on Jehovah's witness issue

The PE reports that the court of appeal declined to hear a defense petition which sought to have the appellate court stay the enforcement of the trial court's ruling allowing church elders to be examined under oath. In English, this matter revolves around a criminal trial of a Jehovah's witness member accused of molestation. Several church elders conducted an investigation. The DA wants to examine the elders on their findings. The defendant wanted to keep the evidence out claiming as his basis for his request the priest-penitent exclusion. This exclusion to evidence allows people to confess their sins to their religious confessor. Well, the trial court deemed the elder's investigation not a confession and allowed the testimony. The defendant then went to the court of appeal. The court declined to hear it which does not really decide the issue. Instead, if the defendant is found guilty he will be allowed to appeal then and have the court of appeal decide the matter then.

Will we ever get relief?

Chief justice Ronald George cited to the California legislature the critical shortage of courtrooms suffered by the citizens of Riverside County. See the PE's report here. The Chief Justice was quoted as stating:

"Court delays have real, human consequences," George said.

"In one Riverside criminal case, an individual who had spent five years in jail was found not guilty when his case, which had resulted in a hung jury at an earlier trial, was finally retried," George said in his prepared remarks.

The chief justice did not mention the defendant by name but appeared to be referring to the case of Robbie Catchings, who had been charged in a 2002 shooting in Perris, had a hung jury in 2005 and was acquitted on retrial in October of last year.

George outlined how the criminal case backlog had shut down civil trials for the past two years in Riverside County because criminal cases have speedy trial guarantees while civil trials do not.

George told the legislators the lack of judges sets off a cycle: A set trial date is a key to resolving cases, but if a judge is not available, no trial date can be set.

"The absence of an operational civil justice system will affect every aspect of California life: business and financial institutions, dissolutions of marriage, probate distributions ... all will have no place to go," he said.

"Jehovah's Witnesses elders must testify in Murrieta molestation case, judge rules"

The PE reports that the "Jehovah's Witnesses elders must testify in Murrieta molestation case, judge rules.''
The article is interesting for distinguishing cases were a penitential admission to clergy is safe from laws requiring disclosure but that the inquiry in this case was not made for penitential purposes. The article states correctly that "California law protects statements made to clergy members who are required by their faith's practices to keep them secret." It doesn't however stretch to comments made by an inquiry board as inlisted by the Jehovah's witnesses in this case to investigate alleged child molestation.

Congratulations General Patrick

The PE reports that Moreno Valley son Len Patrick was promoted to General in the USAF. It had to be the air.

"Cities pay huge salaries despite fiscal crises"

Normally your humble correspondent wouldn't cite to the San Francisco Chronicle what with this being the Inland Empire Law Blog and all, but sometimes an article is too good to not link. The Chronicle reports on some ridiculously high salaries by those poor public servants. Get a load of these figures:

"A city nurse earned $350,000. A fire department battalion chief pulled in more than twice as much as the mayor. And a municipal park ranger took home $188,000 in overtime on top of his $71,000 salary."

Hat tip to Hugh Hewitt.

Amazingly tough case

The PE reports on a case only Solomon could handle. The RivCo DA is prosecuting a mother for the drowning death of the mother's three year old daughter. A superior court judge dismissed the case for not being supported by evidence. The judge found insufficient evidence warranting bringing the mother to trial for criminal negligence. The DA representing the people is appealing because apparently justice has not been served. Read the article and you decide if justice is served by prosecuting this poor woman.

That's a heck of a fine.

The PE reports that TXI Oro Grande plant which manufactures cement near Victorille "will pay $394,000 and shut down seven 50-year-old kilns as part of a proposed settlement this week with the U.S. Environmental Protection Agency, which had sued the company for alleged violations of federal Clean Air Act." The plant apparently is going to test a $385,000,000 kiln to replace the polluting variation.

Hmmm. Obviously, down the hill in the basin, particulates get trapped by the geography and can really foul the air. I can see the EPA taking action down here. Can someone explain how it is that it makes financial sense to require a cement manufacturer to spend $385,000,000 to reduce particulates when there's nothing but open space?

It seems only two things can come from such actions: Consumers pay more for concrete to pay for the $385,000,000 or the plant shuts down because it can't afford to pay $385,000,000. Neither are desirable, but the question is whether a reduction in particulates in an area without a particulate problem is a good use of government authority.

FHA to the rescue

Big news in the housing market. FHA loan limits have been extended to $500,000 from the previously paltry sum of $362,790. Obviously, you could buy little in SoCal with $362,790 which meant that the recent housing boom was driven largely by private lenders. This cash infusion should help more marginally qualified borrowers qualify and into some of the more expensive homes. Regardless of whether this is a good idea, it certainly seems likely to result in a reduction in supply of homes. That should stop the free fall of prices and result in the normal escalation of prices over time. See here for the PE's report.

You heard it here first.

The PE follows up on the legal issues attendant to claiming a dog as a deadly weapon. Your humble correspondent was all over the issue below.

Interesting......

The PE reports that single sex classes in Jurupa middle school "have not only improved students' concentration and participation, they have also shattered a few stereotypes." Who knew that boys without the stressors of nearby girls would actually be able to concentrate better? Who knew that girls freed from boys' leering and jeering would actually participate more? Hmmm. What we need right about now is a lawsuit from NOW claiming discrimination.

Off roaders are getting no respect

The PE reports that the state and RivCo are giving up on the development of an off road vehicle park. This despite that the the state gave RivCo $6.8 million dollars for the park in the 1980s for the park. The money apparently got used up for other things. Get a load of this information:

Off-roading demand

Inland counties have the highest percentages of off-highway vehicle registrations in the state, but no state recreation areas for those riders to use.

Top five counties by percentage of off-highway vehicle registrations:

Riverside County

San Bernardino County

San Diego County

Fresno County

Orange County

State off-highway vehicle recreation areas:

Hollister Hills (San Benito County)

Oceano Dunes (San Luis Obispo County)

Prairie City (Sacramento County)

Carnegie (San Joaquin and Alameda counties)

Hungry Valley (Los Angeles and Ventura counties)

Ocotillo Wells (Imperial County)

So say you've invested $5000 for a dirtbike your options for riding in a state park are driving to Gorman near the grapevine or the long smelly drive to Imperial county. Nice. So there are 7200 square miles in RivCo, (which is 4,608,000 acres) and the state and RivCo can't find 5ooo acres for dirtbike riders? Rest assured though - those dirtbikers won't be disturbing any kangaroo rats or delhi sand loving flies. Democracy in action.

We're No. 4!!!

Click here to see our geographic renown!!!! Our citizens are ranked No. 4 in Forbes' list of ..... [drumroll please] ...... the most obese community. We're living large!

Judge Spitzer is running for a judgeship

As long time readers know, Judge Spitzer was removed by the Commission on Judicial Performance from his seat on the Superior Court. Interesting, five people, including Judge Spitzer himself are running for that position.

In an effort to publicize this the IELB is proud to copy verbatim the PE's description of Judge Spitzer's competition:

Anne M. Knighten, a judicial staff attorney for Riverside County Superior Court. She is a 1982 graduate of Southwestern Law School in Los Angeles and has worked for the Superior Court since 1986.

John D. Molloy, a Riverside County deputy district attorney. Molloy joined the prosecutor's office in 1997, and has handled high-profile murder cases. He is a 1996 graduate of Pepperdine University School of Law in Malibu.

Robert W. Nagby, a Riverside County Superior Court Commissioner since 1998 and a graduate of Loyola Law School in Los Angeles. He has been a private practice attorney and a Riverside County deputy district attorney.

John Vineyard, a private-practice attorney specializing in business and real estate issues. Vineyard is a 1989 graduate of UC Davis King Hall School of Law and a past president of the Riverside County Bar Association.

Ooops

Previously, your humble correspondent linked to a post in the PE stating that the 60/91/215 interchange was nearly done. Apparently, someone jumped the gun.


This article suggests it's all Caltran's fault. Does anybody care? The inland empire is a region of over 3 million people. That makes it one of the largest population centers in the country. Yet, here we've suffered with the terrible clover leaf interchange for decades and the project promised to us still isn't done. Alas, I think our people are too busy living their lives to hold Caltrans' "feet" to the fire. I'm afraid we get the government we deserve.

Modern day Solomon?

The PE reports on Federal District court judge Stephen Larson's order regarding "whether to shut down a ramshackle Coachella Valley mobile home park." The fascinating article demonstrates how the judge deals with the difficult balancing of interests. The Federal Government wants to shut down the park which sits on an Indian reservation, the Indian owner of the park doesn't have the funds to fight, and the residents need shelter.

Victorville to Palmdale?

The trip from Victorville to Palmdale may get a whole lot easier if the High Desert Corridor Joint Powers Authority has its way. See the PE for how the authority needs only $2,000,000,000 to get a road built between the two cities. The thought is that it would take some pressure off the 210, 10, and 60 freeways. Interestingly, the article does not mention the other hurdle, state and federal regulations plus likely substantial eminent domain. If you're a glass half full type, perhaps you might want to run out and by some land on and around Pearblossum highway. Maybe in 20 years it might be worth something.

Pit bull attack

Apparently a 17 year old boy told his 65 lbs pit bull to "sic" two young boys with one boy suffering severe facial lacerations from injuries occurring thereafter. The 17 year old boy is being charged with an assault producing great bodily injury. How does the district attorney prove that the actual attack was the result of a highly trained animal responding to an order to attack as opposed to a coincidental action by the dog following a statement by its human? I would assume the former could serve as the criminal intent for a conviction whereas the criminal intent would be nearly impossible to show in the latter. As an aside the 17 year old faces 8 years in the big house. A neighbor says that the two young boys were bratty. The 17 year old tried to hide the dog. When the police found the dog it attacked them. See here for an article on the case.

Permanent Injunction granted

The PE reports that Judge Edward Webster granted a permanent injunction against members of the East Side Riva gang. The permanent injunction follows the granting of a preliminary injunction several months back. As the IELB previously noted there have been no arrests related to the injunction.

"Since the preliminary injunction was approved, no arrests related to injunction enforcement have been made, Lucky said.

Riverside police will enforce the injunction as violations occur, but patrols are not specifically seeking out violations, Riverside police spokesman Steven Frasher said. He added that criminal activity has decreased since the injunction was announced."

Rivco gets 2 new judges

The PE reports that Governor Schwarzeneggar appointed two judges for Riverside County.
Michael Donner, 61, a civil side attorney, Anthony Villalobos, 42, a district attorney. They will
earn $178,789. This often is a pay cut for many judges.

Further development in the gang injunction case

Previously this blog pointed to a case where a citizen got 18 months of prison time for a threat made against DA Pacheco. The citizen apparently was disgruntled about the injunction against a particular gang. Before that I posted about the hearing on the injunction. That was several months back. Here the PE reports that to date, the police have "not yet arrested anyone on suspicion of an injunction violation." I am confident that a lot of taxpayer money was spent on getting the injunction. I also recall seeing on the news and in the PE reports of the injunction. It was reported with considerable fanfare. Now, we learn nothing has come from it. Ladies and Gentlemen, your government at work.

Long long long write up on the DA

The PE publishes a lengthy article on the life and times of our district attorney, Rod Pacheco. It briefly covers the effect of his actions on civil justice, but doesn't come anywhere near to accurately describing the toll on civil litigants.

Good news on Civil Justice

Civil trials are scheduled to resume on January 14, 2007. See here for a letter from the Presiding Judge.