Eastern District of California Blog

Not Guilty Verdict in Misdemeanor Bench Trial Today

Congratulations to Assistant Federal Defender Linda Allison for her not guilty bench trial verdict today on a misdemeanor charge of failing to submit bags at a Social Security Office (41 CFR 102-74.370)  in United States v. Ardrey, No. 2:19-po-00026-CKD.

Anti-Drone Protesters Refuse Fines, Sentenced to Community Service

Five peace advocates convicted of trespassing at a demonstration opposing the Obama Administrations killer drone program at Beale AFB near Marysville were sentenced here Monday to only 10 hours community service – after they said they rather go to prison than accept a fine and probation.

Judge Carolyn Delaney listened to passionate statements (below this release) by the defendants, who told the judge they were willing to go to federal prison rather than pay any fines or accept 3 years probation. They faced up to six months in federal prison and a $5,000 fine each for trespassing at Beale.

Delaney relented, and after acknowledging prison would serve "no purpose," sentenced the most minimum of community service to Janie Kesselman, Camptonville; Sharon Delgado, Nevada City; Shirley Osgood, Grass Valley; and David and Jan Hartsough, both of San Francisco.

The "Beale 5" considered the very light sentence a "victory." They were arrested October 30, 2012 protesting the U.S. drone program at Beale AFB, which provides surveillance drones that scout locations for killer drones, responsible for killing hundreds of innocent people, including children, around the world.

The defendants were convicted by Delaney August 12 after she  refused to allow a jury trial. She also refused the admit the "Necessity" and  "Nuremberg Principles" defenses, which argues citizens have a duty to prevent the killing of civilians by their own government. She also disregarded key testimony by witnesses.

The all-volunteer defense team – Sacramento lawyers Mike Hansen, Mark Reichel, Joe Marman and Tatiana Filippova – was coordinated by the National Lawyers Guild of Sacramento. They objected to the court's decision to exclude a jury trial. They have 14 days to appeal.

The NLG/Sacramento also said the judge in the case refused to allow key witnesses – including people who have seen the devastation to civilians in Pakistan and other parts of the world.

Truthout.com, 9/12/13.  This link also includes the sentencing statements of the five peace advocates.

 

McGeorge Law Students Earn NG Verdict In Misdemeanor Bench Trial

With plenty of assistance from the Federal Defender's staff, McGeorge Law School students J. P. Torres and Meghan Clair earned a not guilty verdict today in a bench trial before Magistrate Judge Carolyn Delaney.  Charge was misdemeanor possession of an explosive device in a National Forest.  Judge Delaney found that the government did not post the proper notices. 

Investiture Ceremony For New Magistrate Judge Carolyn K. Delaney

Here's the start of Denny Walsh's lengthy piece on new Sacramento U.S. Magistrate Judge Carolyn K. Delaney after her investiture ceremony on Friday: 

 

When there is an opening on the magistrate bench in Sacramento, district judges have a habit of picking an assistant U.S. attorney.

Former First Assistant U.S. Attorney Carolyn K. Delaney is the latest choice, and a lot of railbirds believe she could be one of the best.

Her qualifications include the uncommon respect she has earned among the region's criminal defense lawyers. There are some naysayers, but they are in the minority.

Peter Kmeto, a respected defense lawyer who tried a case against Delaney, described her as "one of the most even-handed prosecutors I've ever known. She's honorable in the way she tries a case. She doesn't play hide-the-ball. I think she is a fantastic choice" for the bench.

"The defense bar was sad to see her leave" the U.S. attorney's office, said Timothy Zindel, a highly regarded assistant federal defender whose office supplies lawyers to indigent defendants. "She was the voice of reason over there.

"She actually will listen and weigh carefully what a defense lawyer has to say," Zindel added. "And what she says often makes a lot of sense."

In a recent interview, Delaney had this to say: "If you can't talk to each other, you can't resolve anything."

Sacramento Bee, 10/22/11 (photo Sacramento Bee).

Judge Carolyn Delaney's First Duty Week Starts Monday

Under the updated Sacramento 2011 DUTY calendar, newly sworn-in U.S. Magistrate Judge Carolyn Delaney will handle the 2 p.m. duty calendar next week.  Word is that Federal Defender Dan Broderick will be handling new arrests on her first duty day Monday, which is also the first day of the Ninth Circuit's annual conference.