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.