Eastern District of California Blog

This Week's Jury Trials: Groves Fraud Trial in Sac & Garcia Excessive Force Trial in Fresno

Starting Tuesday, 8/18, the Ronald Groves criminal fraud trial begins before Judge Damrell in Sacramento.  Motions in limine at 9 a.m. and jury selection at 10:30 a.m.  AUSAs Steve Lapham and Laurel Rimon for the government, AFD Matt Bockmon for Groves, and Dwight Samuel for co-defendant Donald Mann.  Government's Trial brief alleges a large "Money Growth Solutions" ponzi scheme and expects trial to last 3 weeks.  Expected testimony from quasi-celeb and convicted felon Barry Minkow, who after have serving his time in connection with the ZZZZ Best Carpet Cleaning fraud, see 864 F.Supp. 960, is now a consultant and private fraud investigator. 

In Fresno, also on Tuesday, at 8 a.m., motions in limine are scheduled to be argued in a wrongful death/excessive force civil rights trial before Judge O'Neill in Estate of Ramiro Garcia, Jr. v. Stanislaus County, et. al., No. 07-CV-1376.  Well respected Oakland civil rights attorney John Burris for the plaintiff.    Jury trial is set for September 14, 2009.

Sacramento County Offers $488,000 In Homeless Lawsuit; City Will Not Settle

Sacramento County has offered $488,000 to settle a class-action lawsuit on behalf of homeless persons who have had their property seized and destroyed by city and county officials, while the city of Sacramento won't settle.  Sacramento Bee, 8/14/2009

Ex-Kraft Foods Executive Gets 27 Months Prison in "Big Tomato" Scandal

According to the Sacramento Bee today, Judge Karlton sentenced an ex-Kraft Foods executive to 27 months prison in the "big tomato" scandal, see my May 8, 2009 and Feb 19, 2009 posts:

U.S. District Judge Lawrence K. Karlton said he planned to impose less prison time because of the "tragedy of Mr. Watson's personal life" at the time he took bribes to manipulate the purchasing process. Watson's wife was terminally ill and he was supporting his daughter, who was his wife's full-time caregiver.

Upon further reflection, Karlton said, he decided lighter punishment was "inappropriate," given the offense's nature.

"This was a very large fraud encompassing food for the American people," the judge noted.

New Yosemite Magistrate Expected By Year's End

So says an article on the position in today's New York Times:

The search for Yosemite’s next magistrate judge — the 13th since the park’s court opened in 1920 — will begin in earnest this month, with a panel of lawyers and others from the Eastern District evaluating applications.

The district’s chief judge, Anthony W. Ishii, said that an appointment was expected by year’s end, and that 30 candidates had applied.

EDCA #1 In Mortgage Fraud Indictments

Today's Sacramento Bee reports that "The U.S. attorney's office for the Eastern District of California, which handles cases from the Oregon border to Bakersfield, had the most mortgage fraud indictments in the nation during fiscal year 2008," according to AUSA Matt Stegman.

[I added a 8/11/2009 Sacramento Bee Editorial that calls for more efforts at prevention, not just prosecution]:

The FBI's Sacramento office is in the top five of field offices nationwide in dealing with mortgage fraud activity.

As Bee reporter Chelsea Phua noted in her Monday article on this subject ("Sacramento-area prosecutors focus on mortgage fraud crime"), law enforcement agencies have seen a significant increase in complaints.

Prosecution after the fact is one avenue, but policymakers also should pursue prevention.

3-Defendant Marijuana Jury Trial Starts Monday In Sacramento

As the summer and vacations wind down, a three-defendant marijuana jury trial heats up this Monday, 8/10, in Judge Mendez's courtroom.  Motions in limine at 9 a.m. before trial starts at 10:30 a.m.  Looks like lots of marijuana and a 924(c) gun charge.  Government's trial brief says trial is expected to last 6-8 trial days.  It's being prosecuted by AUSAs Rick Bender and Mike Beckwith.

White House Nominates Ben Wagner As EDCA U.S. Attorney

In a press release yesterday, the White House announced that the president had nominated Ben Wagner to be the new EDCA U.S. Attorney.  His appointment won't go into effect until he is confirmed by the Senate.  Wagner is currently the head of Special Prosecutions in the Sacramento U.S. Attorney's Office.

Mandatory DNA Collection for Pretrial Releasees Now in the Ninth

The Federal Defender's appeal of Judge Garcia's order rejecting constitutional challenges to the law mandating DNA collection from defendants on pretrial release has now been scheduled for briefing and argument in the Ninth.  In U.S. v. Pool,  No. 09-10303, the opening brief is due October 5 and oral argument has been set for the week of December 7-11 in San Francisco.  Judge Garcia's order, EJG U.S. v. Pool Order 7-15-09, summarily adopted Judge Hollows's conclusion in rejecting the FD's challenges to mandatory DNA collection for pretrial releasees before conviction, see May 30, 2009 post and order.  According to Rachelle Barbour who is handling the FD's appeal, Judge Hollows agreed to continue to stay DNA collection pending her client's appeal to the Ninth, but that he intends to lift the stay for other similarly situated defendants unless they appeal too.  Others who want to contest the DNA collection order should continue to challenge any DNA collection condition in the magistrate court, appeal adverse orders to the respective district court judges (and the Ninth Circuit if necessary), and request stays pending appeal.  Call Rachelle if you want the briefing in Pool or to discuss consolidating an appeal with her Pool appeal in the Ninth.   

After 34 Years, "Squeaky" Fromme To Be Released From Federal Prison

CNN.com is reporting today that Lynette "Squeaky" Fromme, now 60, is scheduled to be paroled from federal prison on August 16, after 34 years of incarceration.  She was convicted of attempting to assassinate president Gerald Ford at Sacramento's Capital Park on September 5, 1975.  Sacramento Bee Photo Gallery.  The Federal Defender, then E. Richard Walker, was originally appointed to represent Fromme.  Attorney John Virga represented Fromme at her Sacramento federal court trial before U.S. District Judge Thomas J. MacBride.  Although Wiki's Lynette Fromme page can give you the details on her life history, I like this recounting of Fromme's sentencing from the Eastern District Court History Page: 

A dramatic incident occurred at Fromme's sentencing. U. S. Attorney Duane Keyes was in the midst of asking Judge MacBride to hand down the most severe punishment. At that point Fromme removed an apple from under her red cloak and hurled it towards the bench. The apple smashed on Mr. Keyes right temple and knocked off and broke his glasses. Spectators were aghast and the court silent. Judge MacBride calmly asked Fromme if she had any more apples in her cloak. "No," she said, "that one was meant for you!" Judge MacBride replied, "That's what I was afraid of." He then proceeded to sentence Fromme to life imprisonment.

U.S. v. Harrison Jack: Defendants' Motion for Grand Jury Transcripts

Defendants' joint motion for discovery of grand jury transcripts filed August 4, 2009:  Download U.S. v. Jack Motion For GJ Transcripts.  A status conference and motion hearing is set for October 5, 2009, at 11:00 a.m. before Judge Damrell.