IDIOT VOTERS APPROVED PROP 47 IN 2014
HERE ARE SOME OF THE RESULTS
by Marty Carlson
The Los Angeles times reported that some of the results from the voters accepting prop 47 in 2014 is that they were sold a bill of goods.
Crime rates are rising in California, and many feel in large part to the passing of proposition 47. The measure converted some felonies to misdemeanors and the basis of the campaign was about reducing punishment for drug possession, but there was very little discussion about the softening of penalties for many other non-drug offenses.
Under this law, 3700 inmates have had their sentences reduced and been released from state prison. Click here for a previous post from Dawgs Blog in regard to that.
Drug addicts now often escape punishment for crimes they commonly commit to support their habits, namely shoplifting, forging bad checks, and any theft under $950 that also includes theft of guns. And as a note most semiautomatic pistols and revolvers are purchased new for less than $950. Some people are finally starting to believe this leniency just facilitates continued addiction.
Prior to proposition 47, the courts evaluated the appropriate punishment to seek for someone accused of drug possession or theft, and they studied the person’s past criminal history. That history is not considered in someone who had been convicted and served time for a serious crime such as robbery, kidnapping, assault with a deadly weapon can no longer be sent back to prison if convicted of a new theft or drug offense, these have been reclassified as misdemeanor.
Remember state prison can only be applied to a crime that is sentenced to 365 days or more, so it must be a felony conviction, misdemeanor convictions are punished at the local level.
In the event of a strong-armed robbery like purse snatching, which is called grand theft person, before prop 47 it was a crime that could be classified as either a felony or a misdemeanor, which is known as a wobbler. Prosecutors would study the defendants record determine how to be charged. Prior robberies typically would end up with felony charges. Due to prop 47 unless your purse cost more than $950, the theft can only be a misdemeanor meaning state prison is not possible as a punishment and deterrent.
Under prop 47, the criminal’s prior robbery means nothing, his past simply does not matter
Reformers say that everyone needs a second chance, and I agree with that, but those second chances were built into the system already and now public safety has suffered as crime rates have soared.
In the city of Los Angeles, property crimes such as burglaries and motor vehicle thefts have rising 10.9% compared to the same period last year. Violent crimes such as aggravated assaults and robberies has soared 20.6%. Local officials in Los Angeles claim those increases are linked to proposition 47.
And remember these drug addicts are not going to jail like they used to, so they are running longer and harder without a break from the drug use and getting more desperate and dangerous.
The California legislature is also passed a law in 2014 that reduce the maximum misdemeanor sentence from 365 days to 364 days. Under federal immigration law, an illegal alien who is convicted of an offense punishable by 365 days or more can be deported. Now with many felonies reduced to 364-day misdemeanors, some criminals who otherwise would have been deported get to stay.
During the time I was a bailiff for six years I had the opportunity to work drug court many times. During those times, they would hold criminal charges over the head of the defendants forcing them in the rehabilitation programs. Though not a high success rate it was an opportunity for them to at least clean up somewhat and an opportunity to get straight.
The system has lost their leverage to mandate rehabilitative drug programs under prop 47. There is no incentive for an offender to accept a court ordered two-year intensive treatment program when the maximum consequence for drug conviction is a six-month term in county jail. In many cases the jail sentence means only a few days or even just hours in custody, because the jails must make room for the felons sent from state prison under the reform called realignment (AB109). The treatment program roles are down 60% in Los Angeles County, and is similar across the state. The addicted offenders are not getting the treatment that is desperately needed.
In addition, proposition 47 took away a tool to fight sex crimes when it reduced the penalty for possession of a dangerous date rape drugs to a misdemeanor.
Fewer DNA samples are being taken every month because state law permits police to collect DNA only from felony suspects. Make it more difficult to solve old cases such as murder and rape.
The idiot voters in California passed proposition 47 because it was marketed as a safe neighborhood and schools act. During that time, I was very outspoken about this proposition and I strongly opposed due to these obvious repercussions that would occur, and which have occurred.
Voters need to educate themselves prior to marking their ballots, and learning how the system actually works in the repercussions of some of these propositions. After the passage of this proposition I had several online conversations with people that felt this was a good way to get people help. And many felt that the crime should be held over their head to get them treatment, and I repeatedly told them that was the system in place before, but will not be the case now. And that is exactly what is happened
Always keep in mind the lawmakers are not concerned about our best interest, they have their own agendas which are extremely confusing to me most of the time, and it usually comes down to money over public safety.
Newly-released dashcam video from March appears to show Sgt. Zachary LaHood sickened by what his department says was carbon monoxide seeping into his Ford Explorer police cruiser.
“I almost hit the road twice and feel like I’m gonna get sick,” LaHood can be heard saying in the video.
“And I remember swerving to what I thought was a bus, I was going to go head-in to a bus or a, maybe it was a garbage truck, I think it was a bus,” he said in an interview.
In the last week alone, six more Austin officers have been treated for carbon monoxide exposure. The department has now taken about 37 Ford Explorers out of service.
“We believe it is something that we do need to take immediate action,” Assistant Police Chief Troy Gray said.
In February, CBS News identified more than 450 complaints involving 2011 to 2017 model year Ford Explorers, not just police units. Federal regulators acknowledge that number has grown and are investigating.
Ford has known about it since at least 2012. A company representative later acknowledged in a deposition that it appears to be a “design issue” that may allow exhaust, which contains carbon monoxide, to seep in, likely through unsealed seams in the rear of the SUV.
Maybe an issue with the recent Stanislaus County Deputy’s crash?
Read more here
DISTRICT ATTORNEY ORDERED
TO TURN OVER NAMES
BY MARTY CARLSON
Civil district court judge Nakisha Ervin-Knott has ordered Orleans County district attorney Leon Cannizzaro to disclose the names of all prosecutors in his office who used “fake subpoenas” to compel witnesses to talk to them. Cannizzaro has been given 20 days to produce those names. And those are just the ones that are from 2017, they must also provide the same information going back to 2013.
It was previously reported, Cannizzaro had sought to jail a domestic violence victim after she refused to respond to a fake subpoena’s office had sent her. The document had the word “subpoena” at the top of the page even though they had not been signed by a judge, which meant disobeying them would not be a criminal offense.
Cannizzaro has received substantial backlash about these fake subpoenas, with some people calling for him to be removed from office. In the District Attorney’s Office is said to fake subpoenas would no longer go out and be replaced with document that said, “notice to appear.”
The ACLU of Louisiana had asked the District Attorney’s Office to provide information identifying the lawyers in his office who issued or authorized the fake subpoenas. When he refused, the organization sued under Louisiana’s open records laws.
Judge Ervin-Knott agreed the information was public record and ordered the DA to comply.
Cannizzaro has had other issues in the past, recently it was revealed a shooting victim was taken into custody and jailed after their office feared he would not testify against the man accused of the shooting.
In addition, Cannizzaro has also jailed rate victims who refused to testify against their attacker. A New Orleans newspaper reported that in 2016 one woman was jailed for eight days after refusing to testify against the man who raped her.
Attorneys representing Cannizzaro’s office did not argue to the court that the information sought was any way privilege, but contended the request should be denied because producing the records we require manual examination of nearly 20,000 cases for each year. He argued that staff time was overly burdensome on an agency already spread too thin in the wake of $600,000 budget cut levied this year.
The attorney also argued a public records request cannot interfere with the offices constitutional and legal duties.
Once again it appears that a top law enforcement agency has forgotten what their constitutional and legal duties are, Putting money over dispensing justice. And it sounds strangely familiar that victims are turned into criminals, while the criminals are still walking the streets.
STANISLAUS COUNTY VS EDWARD DEANDRE MITCHELL
By Marty Carlson
JUNE 7, 2006: Balbir Boyal, owner of BK’s Liquor, Food & Gas on Riverside Drive, is shot and killed during an attempted robbery.
JUNE 15,2006: Edward Deandre Mitchell of Modesto and Laron Tavon Davis, of Ceres are arrested and charged in the crimes.
July 2017: 11 years later Edward DeAndre Mitchell was acquitted on the homicide charges but was convicted on 3 robberies.
Laron Davis case in this is already been adjudicated in fact he is no longer in custody and has served his time.
Also of note Frank Carson was his attorney,
My focus in this article is the case of Edward DeAndre Mitchell who was arrested on June 15, 2006 he has been in custody the entire time and was not taken to trial until May of 2017, this week a jury acquitted Mitchell on the homicide charges.
One of the witnesses that testified against Mitchell is a gentleman by the name of James Williams. Williams had first implicated Mitchell in the string of robberies in 2006 were obviously the last one turned violent.
In June 2006 Williams was arrested on suspicion of robbing a convenience store where at that time Williams insisted Mitchell was responsible for the robberies until investigator showed him a picture from a video of him doing the robberies himself.
David Heatley, Mitchell’s attorney has told the jury that Williams is a heroin addict and a member of a notorious Oakland street gang defense attorney has suggested that Davis lied to authorities to get his plea deal and avoid identifying Williams as the man responsible for the violent robberies.
He also said that Williams is supposedly a member of the Oakland “nutcase” street gang, which the members are known for committee robberies and gratuitous murders during some of those robberies.
All this are things that typically go on in these types of cases.
My main focus of this article is Edward Mitchell was arrested in June 2006 and did not get to trial until May 2017. Why does it take 11 years to get a homicide case to trial when you have this type of evidence by the way of witnesses and he was arrested right away?
There seems to be a pattern here in Stanislaus County where cases are continually drawn out and never adjudicated. A recent commentary by Warren Yates, it was noted 100 continuances in the Mark Davis cases that had five pending felony charges.
We have people in the Frank Carson case, like Mike Cooley and Eula Keyes, who are witnesses who have pending minor drug charges but continue to have more than 50 continuances in a case that started in 2014. See Stanislaus County court case # 1471029 and 1453918
This is also noted in the Sabrina Romero case, where there were at least 25 continuances, and she walked away with a misdemeanor on a $12,000 embezzlement charge. In addition, they did not even notify the victim, her former employer, that a deal had been struck and she would be playing out. According to Marcy’s law the victim is entitled to make an impact statement to the court prior to sentencing in the victim in this case was denied that opportunity. In addition, the minute order which was placed on Dawgs Blog showed no order of restitution to the victim.
British Prime Minister William E Gladstone stated in an 1868 speech that justice delayed is justice denied, how we have evolved into such a long-drawn system to adjudicate our court cases is beyond me. There are many people starting to ask these questions and there’s finger-pointing going on by everybody involved but nobody willing to take responsibility or take the bull by the horns.
Is it a love of the criminal element by the law enforcement community in this county?
Stanislaus County district attorney Birgit Fladager has been quoted as saying they relish and work hard to develop informants in cases. Is this one of the ways that they do it by wearing people down over a long period of time to get more Information especially from the criminal element?
It appears that we have more criminals running the streets with pending cases and pending sentences that we actually have going to jail or prison or being held accountable because of their willingness, eagerness, and the open-door policy to these criminals by law enforcement in this county. It does not lead to a safer community because anybody can become a victim of the system by these people who are out to save their own bacon and are not concerned about anything else. These people are also committing a large amount of crimes in their daily activities so the community is being victimized in many ways, especially in the tax dollars spent in prosecutions like in the Frank Carson case which is estimated over $7 million at this point.
What is the impact on the victims families that are waiting for justice to be done, those are the same people that are supposed to be representing the victims not endorsing criminal behavior.
You guys tell me what you think the solutions are.
THE NIGHTMARE IS OVER
by Marty Carlson
Okay it looks like the week from hell is just about over, I had a major move to do last Saturday, people were brought in to do that move promptly disassembled my home and then stated they did not have a truck available to move it. We waited six hours for a truck that never came so they decided they would come back Monday morning 7 AM sharp.
Come Monday morning 7 AM sharp no truck no crew, not answering their phones or returning messages. So here I am sitting here with the disassembled home and just the basic services for sewer and water. These idiots were hired to do a job that they were not capable of performing and did it the “Wright” way. Which, we come to find out, they seem to have a reputation for.
In a situation that I need to get the work done and get it moved, once again Micah Dizney stepped up and provided some facilitation in getting some help.
The next day a truck and crew from Aftan and D’s showed up and everything moved within an hour and then did set up on the new location, and in my opinion, did an excellent job. I was in a bad situation that could have taken advantage of but they did not and I appreciate what they did.
Anybody need any homes moved I suggest you call Aftan and D’s, and talk to Delbert. The crew was good, professional, and efficient a real good group of guys. And the guy driving the truck did an incredible job in a very tight situation.
And I know they have good taste because a couple of them are followers of Dawgs Blog.
Shout out to you guys appreciate what you did you bail me out!
If anybody wants to know who not to call in these situations please contact me and I will advise.
This is not a paid advertisement this is actually what happened to me this week. Feel free to contact me for their number.
JUST FOR A GOOD CHUCKLE