court – Attorney Legal Counsel

Defendants want out of Dane County Judge Berz’s courtroom

attorneylegalcounsel99 — Fri, 15 Nov 2024 13:30:33 +0000

A Dane County judge currently under investigation for alleged disrespectful conduct toward defendants has seen twice as many requests from defendants as her peers to move cases out of her courtroom.

Part of the reason Circuit Judge Ellen Berz has seen 427 so-called substitution requests since 2020 is that she’s been assigned solely to criminal cases since before then, and in Wisconsin, defendants under state law are entitled to one judicial substitution per case without having to provide a reason for asking.

Berz

AMBER ARNOLD, STATE JOURNAL ARCHIVES

Still, the two other judges who have been solely assigned to criminal cases since 2020, John Hyland and Nicholas McNamara, have seen far fewer such substitution requests — five and 185, respectfully — and state law also allows both defendants and plaintiffs in civil cases the same one-time, no-questions-asked substitution, meaning the potential for such requests is double that in criminal cases.

Berz did not respond to requests for comment for this story.

It’s difficult to know why defendants in Berz’s courtroom are asking to have her taken off their cases at a disproportionate rate, largely because criminal defense attorneys are wary of criticizing a judge who could decide their clients’ cases.

One of the attorneys who asked for a substitution in Berz’s courtroom, and who asked not to be identified, said the request was less about Berz than it was about the chance to get a different prosecutor if the case was moved to a different courtroom.

Nine other attorneys who have recently asked to have Berz removed did not respond to requests for comment, nor did the State Public Defender’s office.

UW-Madison clinical associate law professor John P. Gross, a former criminal defense attorney, said that typically when a criminal court judge sees a lot of requests from defense attorneys to move cases out of a courtroom, it’s because the judge has developed a reputation for being “particularly harsh when it comes to sentencing.”

Other reasons could include that an attorney has disagreed with some of the judge’s past rulings, that a client has said something seen as inflammatory that upsets the judge, or that the judge has a poor judicial temperament, he said.

“If you’ve got 17 options for a judge and you’re seeing one particular judge with an outlier rate at substitution requests … that means that that judge has got a reputation as somebody who is an outlier in terms of sentencing or conducts trials in a way that might be hostile toward the defense or is reluctant to grant suppression motions or any of the above,” he said.

Dane County’s chief judge, Julie Genovese, said she didn’t “have any personal knowledge of why people are substituting on certain judges,” and that one would have to ask the attorneys making the requests to find out.

She said she hadn’t been aware of Berz’s unusually high number of substitution requests before the Wisconsin State Journal requested the data. Asked if she would bring the matter up with Berz, she said “maybe,” but she declined to comment on specific judges.

As elected officials, judges aren’t subject to any kind of formal employee review process by the chief judge or any other official or body, although complaints can be filed against judges with the Wisconsin Judicial Commission. The commission reviews complaints and decides if there is probable cause to send it to the Wisconsin Supreme Court, which oversees all state judges, and the high court can decide to appoint a panel to recommend any discipline of the judge that it thinks the high court should impose.

‘You’re not playing that game’

According to the commission’s complaint against Berz, the judge likely violated four rules requiring judges to be unbiased and have “high standards of conduct,” and to treat people they come into contact with as part of their duties “with patience, dignity and courtesy.”

It points to two incidents in particular:

At a May 31, 2019, hearing in a child sexual assault and bail jumping case, Berz warned that “this court will not forget” defendant Richard H. Harrison’s request for another delay in his trial if Harrison were ultimately found guilty, which he was by a jury on all counts on Nov. 22 of that year.

“You’re not playing that game anymore after this,” Berz told Harrison, according to transcripts. “Go to the prison and talk to them about all the games you can play. We’re done here. Clear? Mr. Harrison, clear?”

The two then got into a brief back-and-forth in which Harrison told Berz “your sarcasm is extremely clear” and Berz retorted, “Good. I thought it would be. That’s why I’m saying it to you that way, because I thought you would relate with that.”

In the second incident, on Dec. 13, 2021, Berz ordered a bailiff to leave her courtroom to go arrest defendant Noah A. Hodges, who was facing drug-related and bail-jumping charges and who didn’t show up that day for his trial because, his attorney told Berz, he was in the hospital.

When the bailiff said he could not leave the courthouse to make the arrest, Berz said she would do it herself and set out with Hodges’ attorney in her own car in the direction of the hospital.

“Judge Berz also stated that, if something happened to her when she went to pick up the defendant, they would hear about it on the news,” the complaint alleges.

The complaint says “Hodges’ attorney told the judge that this trip was a bad idea, as the judge is to be the neutral decision maker in the case.”

Berz reportedly told Hodges’ attorney that “if she truly thought they should turn around, they would turn around.” The attorney said they should turn around and Berz then took them back to the courthouse, the complaint says.

Hodges in April 2023 pleaded guilty in the case to one count of fifth- or sixth-offense driving while under the influence of a controlled substance. Four other charges were dismissed as part of a deal with prosecutors.

Berz in a court filing has admitted to the allegations against her, and she and the commission have also agreed that a seven-day suspension would be appropriate punishment, but the review panel created for her case has asked both parties to submit briefs on past judicial misconduct decisions to help it better make a decision.

It wasn’t clear when that panel would complete its work and the high court impose any discipline, but the commission had until Tuesday to file its brief and Berz has until 25 days after that brief is filed to file her response.

Photos: Israelis protest proposed judicial changes

Israelis protest against plans by Prime Minister Benjamin Netanyahu’s new government to overhaul the judicial system outside the Knesset, Israel’s parliament in Jerusalem, Monday, Feb. 20, 2023. Israel’s government is pressing ahead with its contentious plan to overhaul the country’s legal system. A vote in parliament on Monday is due despite an unprecedented uproar that has included mass demonstrations, warnings from military and business leaders and calls for restraint from the U.S. (AP Photo/Ohad Zwigenberg)

Ohad Zwigenberg

An Israeli protests against plans by Prime Minister Benjamin Netanyahu’s new government to overhaul the judicial system outside the Knesset, Israel’s parliament in Jerusalem, Monday, Feb. 20, 2023. Israel’s government is pressing ahead with its contentious plan to overhaul the country’s legal system. A vote in parliament on Monday is due despite an unprecedented uproar that has included mass demonstrations, warnings from military and business leaders and calls for restraint from the U.S. (AP Photo/Ohad Zwigenberg)

Ohad Zwigenberg

Protesters supporting women’s rights dressed as characters from The Handmaid’s Tale TV series attend a protest against plans by Prime Minister Benjamin Netanyahu’s new government to overhaul the judicial system in Tel Aviv, Monday, Feb. 20, 2023. Israel’s government on Monday was pressing ahead with a contentious plan to overhaul the country’s legal system, despite an unprecedented uproar that has included mass protests, warnings from military and business leaders and calls for restraint by the United States. (AP Photo/Oded Balilty)

Oded Balilty

Protesters supporting women’s rights dressed as characters from The Handmaid’s Tale TV series attend a protest against plans by Prime Minister Benjamin Netanyahu’s new government to overhaul the judicial system in Tel Aviv, Israel, Monday, Feb. 20, 2023. Israel’s government on Monday was pressing ahead with a contentious plan to overhaul the country’s legal system, despite an unprecedented uproar that has included mass protests, warnings from military and business leaders and calls for restraint by the United States. (AP Photo/Oded Balilty)

Oded Balilty

Israelis protest against plans by Prime Minister Benjamin Netanyahu’s new government to overhaul the judicial system in Haifa, Israel, Monday, Feb. 20, 2023. Israel’s government on Monday was pressing ahead with a contentious plan to overhaul the country’s legal system, despite an unprecedented uproar that has included mass protests, warnings from military and business leaders and calls for restraint by the United States. (AP Photo/Ariel Schalit)

Ariel Schalit

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Judge pushing attorneys, prosecutors in Young Thug’s trial to get moving or else

attorneylegalcounsel99 — Thu, 11 Apr 2024 12:45:57 +0000

ATLANTA, Ga. (Atlanta News First) – The judge overseeing Young Thug’s criminal, racketeering and gang trial in Fulton County, Georgia, is getting fed up.

Late Wednesday afternoon, Fulton County Superior Court Judge Ural Glanville again admonished prosecutors and defense attorneys to get through their countless motions and statements by Thursday morning or he’ll start holding court on weekends.

Also on Wednesday, Walter Murphy, one is the alleged co-founder of YSL, which prosecutors claim is a criminal street gang, took the stand for the first time. Prosecutors say Young Slime Life is a gang led by the acclaimed rapper, while Young Thug’s attorneys say Young Stoner Life is just a record label.

Murphy took a plea agreement in this case and was asked about it while on the stand Wednesday.

“Did you understand what you initialed?” prosecutors asked. “That’s a good question,” replied Murphy. “I did, but I didn’t, though. It’s kind of confusing.”

The state also asked Murphy about his relationship with Young Thug, whose real name is Jeffery Williams. He testified that he’s known Williams since they were kids.

On Wednesday the state also heard testimony from Deangelo White, the victim of an attempted murder back in April 2015. For the second day in a row, he told prosecutors that he didn’t want to testify and was not a victim in the 2015 incident.

“How am I a victim? I didn’t get shot, I didn’t get hurt,” White said.

Earlier in the week, prosecutors called up Atlanta Police detective Anthony Kirkman, who testified about investigating an alleged armed robbery in 2013. Prosecutors are also trying to show Williams is behind the alleged incident. The state asked the detective what the female victim told him about the alleged robbery.

Prosecutors have indicated they have about 150 witnesses they still plan to call.

Prosecutors allege ROC crew became the alleged gang known as YSL. Witness Trontavious Stephens, one of the original co-defendants, has said he, Murphy and Williams were YSL’s founding members.

Four months into the trial, about 40 witnesses have been called to testify so far.

Young Thug is on trial in Fulton County in a massive RICO case involving himself and five other defendants. Prosecutors allege Williams and his co-defendants are members of the YSL gang, while defense attorneys argue YSL is simply the name of a record label, Young Stoner Life.

Williams is facing eight criminal counts under a federal law that was originally enacted to fight organized crime. Georgia is one of 33 states that has its own RICO law, but in the Peach State, the alleged criminal enterprises do not have to have existed as long as the federal law.

Williams is also charged with possession of marijuana with intent to distribute; possession of codeine with intent to distribute; possession of cocaine; possession of a firearm; and possession of a machine gun.

Atlanta News First is broadcasting gavel-to-gavel coverage of Young Thug’s trial on its live stream and YouTube channel.

How can I watch the Young Thug trial?

Atlanta News First will be covering the trial live on our ANF+ livestreams, which you can watch on our website, on Youtube or on Roku, Fire TV and AppleTV. We will also report on the events online.

YOUNG THUG’S TRIAL: LISTEN WHEREVER YOU GET YOUR PODCASTS

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Lawsuit accuses local law firms and attorneys of filing bogus cases against businesses and others

attorneylegalcounsel99 — Tue, 02 Apr 2024 14:21:04 +0000

Two Newport Beach law firms are being sued on allegations of filing fraudulent civil-rights lawsuits against individuals and small-business owners, the Riverside County district attorney’s office said.

Prosecutors said the defendants, which also include four lawyers and another individual, filed suits alleging violations of the Americans with Disabilities Act, including more than 100 cases in Riverside alone.

Riverside County prosecutors filed a civil case April 24 against Craig Gerald Cote, 67, of Huntington Beach, Babak Hashemi, 40, of Lake Forest, Joseph Richard Manning, 50, of San Clemente, Michael John Manning, 43, of San Clemente and James Rutherford, 66, of Rancho Mirage. All but Rutherford are attorneys.

Also listed as defendants are Newport Beach law firms Manning Law APC and the Law Offices of Babak Hashemi, according to court records.

The defendants were served with the case Monday, court records show.

Rutherford also has been a plaintiff in more than 200 ADA-related lawsuits filed by the lawyer defendants in Orange, San Diego, Los Angeles and San Bernardino counties, including one last year against a Laguna Beach hotel, according to prosecutors and court records. The Laguna case was dismissed by a judge in December.

The civil suit alleges the defendants violated the Unfair Competition Law and False Advertising Law outlined in California’s Business and Professions Code, the district attorney’s office said.

“The ADA laws are designed to help and protect disabled persons. The individuals who make false statements in court and the attorneys who manipulate these laws do so for the purpose of illegitimate financial gain,” the district attorney’s office said in a statement. “These abuses not only hurt the specific small-business owners, they also jeopardize the long-term legal protections of the disabled persons these laws were designed to help.”

A court date in the case is scheduled for June 24, according to Riverside County Superior Court records.

The DA’s office said anyone with information about the case can contact Senior Investigator Joel Pabelico at ADAvictim@rivcoda.org.

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Groups call for probe on how attorneys are assigned in Cuyahoga juvenile cases

attorneylegalcounsel99 — Sun, 31 Mar 2024 07:53:43 +0000

CLEVELAND — The Greater Cleveland Congregations (GCC) is concerned that some low-income juvenile offenders are not receiving the quality legal representation they deserve in Cuyahoga County Juvenile Court.

Rev. King Rodgers with the GCC and Olivet Institutional Baptist Church told News 5 he believes, in some instances, Cuyahoga County Juvenile judges are assigning private attorneys to felony juvenile cases who don’t have the proper state qualifications or training, leaving some juvenile defendants with subpar representation.

“They’re not using the rotary system as described in Ohio Revised Code 120-1-10, and the issue is they’re all going to jail with inadequate representation and that’s a problem for us and a problem for the community,” Rodgers said. “It’s not proper, that’s not just, if you’re not qualified you should not be used and because of that these juveniles are going to jail.”

Data analyst Cid Standifer pointed to two reports from The Marshall Project and The Wren Collective, which cited state reimbursement data that indicated that in one year, Cuyahoga Juvenile Court judges steered two-thirds of cases involving juveniles accused of crimes to just 10 lawyers and that the court is underutilizing the public defender.

Standifer told News 5 that inappropriate policies are depriving poor kids of the best counsel available and that she believes the court doesn’t adequately check to make sure attorneys assigned have all the proper state training.

“They don’t ask them to prove that they’ve met the state’s qualifications for what experience and training you should have to take these cases and be reimbursed by the public defender; they just have to check a box and say ‘yes, I’m qualified,'” Standifer said. “In order to take juvenile cases involving third, fourth and fifth-degree felonies, they are supposed to have at least 12 hours of continuing legal education credits in criminal practice and procedure, and 6 of those have to be in juvenile practices and procedures.”

Standifer also believes the current system that allows judges to assign attorneys carries a conflict of interest issue.

“The attorneys that are getting appointed to those cases are routinely also donating to judges, sometimes very large amounts, for example out of the top ten earners, four of them are also in the top ten donors,” Standifer said. “That judges are hiring people that donate to their campaigns to represent poor kids, any person on the street is going to see that that’s a problem, that is a conflict of interest.”

Ryan Wallace, Senior Pastor at Fairmount Presbyterian Church, told News 5 that the GCC hopes the Ohio Public Defender’s office will handle more felony juvenile cases in Cuyahoga County. He said the office is more qualified to handle juvenile felony cases, a verbal promise Wallace said the court has so far failed to live up to.

“A little over a year ago the juvenile judges made an informal agreement to give about 40% of the cases to the public defenders office, but they haven’t actually changed the rules,” Wallace said. “We need number one that the process is fair, that the judges are following state code about who should be assigning the attorneys in an unbiased way, and number two, we want to make sure that the attorneys being assigned to represent our kids are actually qualified to do it.”

The GCC is now calling on the Ohio Public Defender Commission to investigate attorney assignment practices at Cuyahoga Juvenile Court and withhold state reimbursement payments to the court until there are policy changes.

The State Public Defender Commission responded quickly to News 5 and said it would not move to put reimbursements on hold while it starts to look into court practices. Ohio Public Defender Commission Chair William Creedon issued the following statement:

“The commission needs to act carefully because withholding reimbursement funds could end up harming the quality of representation for indigent Ohioan’s charged with a crime. As the commission heard at its last quarterly commission meeting, there is lots of data, numerous variables, and multiple layers to this issue, and we will do our best to work through it. The commission is going to take a very balanced approach and is working with the Office of the Ohio Public Defender to decide how to move forward.”

Cuyahoga County Juvenile Court responded quickly to News 5 and defended its attorney hiring practices.

The court said in a statement, ” A rotary system may provide an equitable distribution of assignments, but it does not always ensure equitable representation.” The court said, ” When one closely examines the court’s assigned counsel list, the reality is a much smaller pool of attorneys than it appears. Only about half of the attorneys on the list are available and practice in our court on a daily basis.”

The court issued the following additional statement:

“Granting case assignment responsibility to the Public Defender does not make the process less political—it just shifts it to an unelected office that is not answerable to the voters.

“It is our hope is that we can increase the number of available, experienced, and reliable attorneys interested in practicing juvenile law.”

“We recently asked attorneys on the assigned counsel list to resubmit applications and update their qualifications. Of the 95 attorneys on the list at the beginning of this year, only 57 have since reapplied—reducing the list by 40%.”

The court did reveal that changes in the attorney selection process are on the way and further told News 5:

“By the end of 2024, we will modify our assignment process. Additionally, we will create a new position (similar to a recently posted Franklin County position – see below) in our legal department dedicated to implementing and monitoring the new process and documenting exceptions. We will likely still face challenges considering the small pool of attorneys we have to handle thousands of cases. Our hope is that we can increase the number of available, experienced, and reliable attorneys interested in practicing juvenile law.”

Still, Wallace and the GCC are demanding changes in the attorney selection process be made as soon as possible.

“I don’t think that’s an excuse for assigning unqualified attorneys to represent our kids, who is better positioned to know who’s qualified to represent these cases than the public defenders office, who do this day in and day out,” Wallace said. “Sending these kids for 5, 10, 20 years into the adult prison system and then asking them to come back into our community to contribute is just going to lead to recidivism, it’s going to lead to more violence.”

News 5 is committed in following through on this developing story.

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Groups call for probe on how attorneys are assigned in Cuyahoga juvenile cases

attorneylegalcounsel99 — Sat, 30 Mar 2024 10:35:46 +0000

Standifer also believes the current system that allows judges to assign attorneys carries a conflict of interest issue.

Cuyahoga County Juvenile Court responded quickly to News 5 and defended its attorney hiring practices.

The court issued the following additional statement:

“Granting case assignment responsibility to the Public Defender does not make the process less political—it just shifts it to an unelected office that is not answerable to the voters.

“It is our hope is that we can increase the number of available, experienced, and reliable attorneys interested in practicing juvenile law.”

The court did reveal that changes in the attorney selection process are on the way and further told News 5:

Still, Wallace and the GCC are demanding changes in the attorney selection process be made as soon as possible.

News 5 is committed in following through on this developing story.

We Follow Through

Want us to continue to follow through on a story? Let us know.

The post Groups call for probe on how attorneys are assigned in Cuyahoga juvenile cases appeared first on Attorney Legal Counsel.

Cops: Accused killer stabs attorney in California court

attorneylegalcounsel99 — Tue, 19 Mar 2024 17:48:23 +0000

attorney in the head with a pen and charged a prosecutor in court, California cops say.” title=”A man accused of killing a woman stabbed his attorney in the head with a pen and charged a prosecutor in court, California cops say.”/>

A man accused of killing a woman stabbed his attorney in the head with a pen and charged a prosecutor in court, California cops say.

Getty Images/iStockphoto

A man accused of killing a woman in 2020 stabbed his attorney in the face and head with a pen and charged a prosecutor in court, California deputies and news outlets reported.

Ramello Randle, 28, of Oakland, attacked his attorney at 10:54 a.m. Monday, March 18, at the A.F. Bray Courthouse in Martinez, the Contra Costa County Sheriff’s Office said in a statement.

Randle also charged the county district attorney, who shoved him away, the sheriff’s office said. Deputies cleared the courtroom and took Randle back to jail.

Both attorneys declined medical attention, sheriff’s officials said.

Randle will face additional charges including attempted murder, assault with a deadly weapon and battery, the agency said.

Officials later found a handwritten note by Randle that said, “sorry,” The Mercury News reported.

Randle’s attorney, Matthew Fregi, told the publication he was “fine” and called the fracas “no big deal.”

Randle was originally arrested in July 2020 and accused of killing Jonaye Lahkel Bridges, 24, the mother of his child, in Antioch, Fox News reported.

He used a tracking device on her vehicle to ambush her in a convenience store parking lot, killing Bridges, prosecutors told the station.

A judge declared a mistrial in the case in November 2022 after Randle shouted expletives at him while representing himself, The Mercury News reported. Randle also is accused of trying to punch his previous attorney in court in September, according to the publication.

Martinez is about a 35-mile drive northeast of San Francisco.

Don Sweeney has been a newspaper reporter and editor in California for more than 25 years. He has been a real-time reporter based at The Sacramento Bee since 2016.

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Young Thug witness says he’s been harassed, threatened, can’t recall anything from 2013

attorneylegalcounsel99 — Sun, 17 Mar 2024 23:32:56 +0000

ATLANTA, Ga. (Atlanta News First) – A witness in the internationally watched trial of acclaimed rapper Young Thug pleaded with the judge and attorneys to excuse him from the trial.

For weeks, Adrian Bean has been testifying he doesn’t recall anything from a September 2013 incident in which he was an alleged getaway driver in a crime related to Jeffery Williams – aka Young Thug – and the other defendants. Young Thug is on trial in a massive RICO case involving himself and five other defendants.

On Friday, under questioning from Young Thug attorney Brian Steel, Bean told Fulton County Superior Court Judge Ural Glanville he has been threatened, harassed and has lost his job as a result of his subpoena to testify in the trial.

WATCH ADRIAN BEAN’S OUTBURST

As Steel continued to play portions of his recorded interview with police, Bean exclaimed, “I don’t remember nothing from 2013, I keep telling y’all that. Y’all got my name on a recorder, my phone number on a recorder. These people are threatening me. They’re calling my phone, your honor. I done lost my job. I got a lot going on.

“I can’t continue to keep going on like this.” Bean also accused attorneys of “trying to assassinate” him. He also asked Glanville if he was the one on trial.

“No sir, you are not on trial,” Glanville replied. “But you have been properly summoned here as a witness and you’re subject to examination until I release you.”

Testimony resumes Monday at 3 p.m.

Prosecutors allege Williams and his co-defendants are members of the Young Slime Life (YSL) gang, while defense attorneys argue YSL is simply the name of a record label, Young Stoner Life.

Defense attorneys claim Williams and his co-defendants are not responsible for any of the violent crimes the state has highlighted during the trial.

Young Thug is facing eight criminal counts under a federal law that was originally enacted to fight organized crime. Georgia is one of 33 states with its own RICO law.

Defense attorneys argue that YSL is not a gang but simply the name of a record label, Young Stoner Life. They claim Williams and his co-defendants are not responsible for any of the violent crimes the state has highlighted during this trial.

Williams is also charged with possession of marijuana with intent to distribute, possession of codeine with intent to distribute, possession of cocaine, possession of a firearm and possession of a machine gun.

A total of 18 jurors are sitting for the trial, with 12 seated as jurors and six alternates: 10 Black women, two white women, three Black men and three white men. The panel of 12 features seven Black women, two Black men, two white women and one white man.

Glanville ruled in November that some of Young Thug’s lyrics would be conditionally admitted as evidence. In 2022, Fulton County prosecutors included lyrics from the rapper referencing drugs and violence as evidence of an “overt act in furtherance of a (gang) conspiracy.”

Atlanta News First is broadcasting gavel-to-gavel coverage of Young Thug’s trial on its live stream and YouTube channel.

How can I watch the Young Thug trial?

Atlanta News First will be covering the trial live on our ANF+ livestreams, which you can watch on our website, on Youtube or on Roku, Fire TV and AppleTV. We will also report on the events online.

YOUNG THUG’S TRIAL: LISTEN WHEREVER YOU GET YOUR PODCASTS

Download our Atlanta News First app for the latest details on Young Thug’s historic trial.

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Lack of jurors dismisses sexual battery case: Riverside DA

attorneylegalcounsel99 — Thu, 29 Feb 2024 02:37:53 +0000

A sexually battery court case was dismissed after there weren’t any available jurors, California officials said.

Getty Images/iStockphoto

A sexual battery case against a 27-year-old man was dismissed because of a lack of jurors in California, prosecutors said.

A third-party vendor with the Riverside County Superior Court failed to “summon jurors resulting in a sexual battery case being dismissed,” according to a Dec. 14 news release by the Riverside County District attorney’s Office.

“I do not agree with the court’s decision and I am disappointed that justice was not served,” the victim said in a statement, according to CBS Los Angeles. “He is now a free man in the community who received zero consequences.”

The man is accused of “willfully and unlawfully directly and indirectly touching an intimate part of another person for the purpose of sexual arousal,” on Oct. 6, 2021, according to the complaint.

On Dec. 7, the Riverside County District attorney’s Office announced that they would be moving forward with the misdemeanor sexual battery case, according to the news release. And although there were available courtrooms, there were no available jurors to begin the trial, officials said.

The office postponed the trial for the following day, the release said.

On Dec. 8, there were no courtrooms available so the court dismissed the case, the district attorney said.

Along with the court’s decision to dismiss the case, the court terminated a “court protection order for the victim,” according to the news release.

“The public is owed an explanation for the apparent lack of oversight of a third-party vendor contracted by the courts to summon jurors for this trial and for trials across the county for the entire month of December 2022,” DA Mike Hestrin said in the news release. “This crisis is unacceptable and only adds to the daily toll of cases being dismissed by the courts.”

Riverside is 60 miles east of Los Angeles.

If you have experienced sexual assault and need someone to talk to, call the National Sexual Assault Hotline for support at 1-800-656-4673 or visit the hotline’s online chatroom.

This story was originally published December 16, 2022, 9:52 AM.

Paloma Chavez is a reporter covering real-time news on the West Coast. She has a degree in journalism from the University of Southern California.

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Defense questions expert in WA trial in death of Manuel Ellis

attorneylegalcounsel99 — Fri, 06 Oct 2023 11:39:19 +0000

Defense attorneys for the Tacoma police officers on trial for the in-custody death of a Black man cross-examined prosecutors’ forensic video expert Thursday morning.

Attorneys for officers Christopher Burbank and Matthew Collins pressed forensic video expert Grant Fredericks on how Manuel Ellis’ reacted in the seconds before he was first shocked with a Taser, and they questioned him about what can be heard in video of Ellis’ encounter with the officers.

attorney Wayne Fricke, left, questions Grant Fredericks, a video forensic expert, right, during the trial of Tacoma Police Officers Christopher Burbank, Matthew Collins and Timothy Rankine in the killing of Manny Ellis at Pierce County Superior Court , Thursday, Oct. 5, 2023, in Tacoma, Wash. (John Froschauer/Pool Photo AP)” title=”231004-jf-ellis trial-543.jpg” loading=”lazy”/> Defense attorney Wayne Fricke, left, questions Grant Fredericks, a video forensic expert, right, during the trial of Tacoma Police Officers Christopher Burbank, Matthew Collins and Timothy Rankine in the killing of Manny Ellis at Pierce County Superior Court , Thursday, Oct. 5, 2023, in Tacoma, Wash. (John Froschauer/Pool Photo AP) John Froschauer AP

Ellis, 33, died of oxygen deprivation after encountering police the night of March 3, 2020, the Pierce County medical examiner ruled. Prosecutors with the Washington attorney General’s Office have said officers attacked and restrained Ellis without justification. Defense attorneys say the officers simply responded after Ellis attacked their patrol car, and they have focused on the high amount of methamphetamine in his system as an explanation for his death.

Collins, 40, Burbank, 38 and the third officer charged, Timothy Rankine, 34, remain employed by the Tacoma Police Department on paid leave while they’re on trial. Collins and Burbank are charged with second-degree murder; all three officers are charged with first-degree manslaughter. They have all pleaded not guilty.

After prosecutors on Wednesday elicited testimony from Fredericks saying Ellis had his hands in the air before Burbank shot his Taser at him, Wayne Fricke, an attorney for the officer, asked Fredericks if a single frame showing Ellis in that position could be misleading.

“It means nothing unless you have it in context,” Fricke said while he asked the question.

attorney Wayne Fricke during the trial of Tacoma Police Officers Christopher Burbank, Matthew Collins and Timothy Rankine in the killing of Manny Ellis at Pierce County Superior Court , Thursday, Oct. 5, 2023, in Tacoma, Wash. (John Froschauer/Pool Photo AP)” title=”231004-jf-ellis trial-848.jpg” loading=”lazy”/> Grant Fredericks, a video forensic expert answers questions by defense attorney Wayne Fricke during the trial of Tacoma Police Officers Christopher Burbank, Matthew Collins and Timothy Rankine in the killing of Manny Ellis at Pierce County Superior Court , Thursday, Oct. 5, 2023, in Tacoma, Wash. (John Froschauer/Pool Photo AP) John Froschauer AP

The expert witness disagreed, telling jurors there were two times where Ellis raised his hands, palms out, in front of his body. Fricke went on to ask Fredericks when Ellis put his hands down, and how much time passed until the first Taser was shot. Fredericks said it was 3.3 seconds.

“Almost simultaneously,” Fricke said.

“3.3 seconds,” Fredericks replied.

Jared Ausserer, an attorney for Collins, questioned Fredericks next, asking him if he could hear someone growl and say, “Try it again,” before Burbank shocked Ellis with a Taser a second time, which was shown in a delivery driver’s eyewitness video of the incident. The expert witness said he didn’t know if he’d characterize the sound as a growl and wasn’t sure what was said.

“I heard the word ‘try,’” Fredericks said. “But is he saying, ‘I’m trying,’ or ‘Try it again,’ I don’t know.”

Earlier in the morning, Fricke questioned Fredericks about a 27-minute gap in doorbell security video of the street corner where Ellis encountered the officers — 96th Street and Ainsworth Avenue in Tacoma — and his methodology for determining a timeline of the events that occurred that night.

Defense attorneys played the first clip from that doorbell video for jurors, which showed a quiet street and a few cars driving by. Fredericks agreed with Fricke that 27 minutes passed until the doorbell started recording again and showed officers’ patrol cars and other witnesses already on the scene. Fricke said that means no video shows Ellis walking down the street or Collins’ and Burbank’s initial encounter with him. Fredericks agreed.

Prosecutors will continue to question Fredericks on Thursday afternoon in re-direct examination. Ellis’ sister and mother, Monét Carter-Mixon and Marcia Carter-Patterson, are scheduled to testify next for the prosecution.

The News Tribune and Seattle Times are working together to provide gavel-to-gavel coverage of this trial. This report was compiled by Peter Talbot of The News Tribune.

This story was originally published October 5, 2023, 12:27 PM.

Follow more of our reporting on Death of Manuel Ellis in Police Custody

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Peter Talbot is a criminal justice reporter for The News Tribune. He started with the newspaper in 2021. Before that, he earned his bachelor’s degree in journalism at Indiana University. In college, he worked as an intern at NPR in Washington, D.C. He also interned for the Oregonian and the Tampa Bay Times.

The post Defense questions expert in WA trial in death of Manuel Ellis appeared first on Attorney Legal Counsel.

New Sacramento Superior Court judge worked for Newsom, Brown

attorneylegalcounsel99 — Wed, 01 Feb 2023 18:58:32 +0000

attorney Rei Onishi to serve as judge in Sacramento Superior Court.” title=”Gov. Gavin Newsom on Tuesday Jan. 31, 2023, announced the appointment of attorney Rei Onishi to serve as judge in Sacramento Superior Court.” loading=”lazy”/>

Gov. Gavin Newsom on Tuesday Jan. 31, 2023, announced the appointment of attorney Rei Onishi to serve as judge in Sacramento Superior Court.

Governor’s Office

Gov. Gavin Newsom appointed Rei Onishi, an attorney for the Governor’s Office for the past several years, to serve as a Sacramento Superior Court judge.

Onishi, 41, of Sacramento County, was among 10 new California superior court judges appointed by Newsom, the Governor’s Office announced Tuesday in a news release. Onishi is filling a vacancy created by the retirement of Judge Michael A. Savage.

He has been deputy legal affairs secretary in the Governor’s Office since 2017 under Newsom and former Gov. Jerry Brown. Onishi, a Democrat, argued on behalf of both administrations in defense of Brown’s pension overhaul law.

The California Supreme Court in July 2020 ruled against public employee unions challenging part of Brown’s Public Employees’ Pension Reform Act that barred pension spiking.

Before that, Onishi served as a senior policy advisor and White House fellow in the U.S. Department of Housing and Urban Development from 2015 to 2017. He also served as a deputy attorney general in California from 2012 to 2015 and as a law clerk from 2011 to 2012 for former Judge Beverly Martin of the 11th Circuit U.S. Court of Appeals.

Onishi was a legislative aide and senate fellow for state Sen. Joe Simitian from 2004 to 2006. He earned his law degree from Harvard Law School and a master’s degree in public policy degree from the Harvard Kennedy School of Government.

Superior court judges serve six-year terms and are elected by county voters on a nonpartisan ballot at a general election. Vacancies are filled through appointment by the governor.

This week’s bench appointments from the Governor’s Office also included judges in Contra Costa, Los Angeles, Nevada, Riverside County, San Bernardino, San Luis Obispo and Santa Cruz counties.

Newsom’s office on Tuesday also announced his nomination of four Court of Appeal Justices: Justice Tracie L. Brown as Presiding Justice of the 1st District Court of Appeal, Division 4; Judge Tari Cody as an Associate Justice of the 2nd District Court of Appeal, Division 6; Judge Audra Mori as an Associate Justice of the 2nd District Court of Appeal, Division 4; and Judge Julia Kelety as an Associate Justice of the 4th District Court of Appeal, Division 1.

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