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Activists prosecuted instead of four RPD officers

by mary shelton Monday, Jan. 01, 2001 at 5:23 PM
chicalocaside@yahoo.com

Ralph Avila suffers from dyslexia and is unable to take written notes. He also is under medication to treat conditions relating to a head trauma. So why then did the judges of the Riverside County Superior Courts grant his motion to represent himself, during his trial for participating in a protest on behalf of Tyisha Miller?

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"Fool for a client"

by Paul Daly Tuesday, Jan. 02, 2001 at 9:10 PM
pauldaly@altavista.com

I won't comment on the merits of the protest or the case presented against Avila, since I know next to nothing about it.

I will however venture to guess that at least one of the "string" of court appointed attorneys would probably have done a better job of representing Avila than he did himself.

Sounds like he goofed when he asked for the right to represent himself.

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appointed fool

by Marcus Wednesday, Jan. 03, 2001 at 8:47 AM

Paudaly I think he made the right choice by representing himself, since he was in conflict with his appointed attorney. He probably couln't trust him.

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Pay attention

by Paul Daly Wednesday, Jan. 03, 2001 at 10:40 PM
pauldaly@altavista.com

He was in conflict with each of the attorneys in the "string" of court appointed attorneys?

They all just wanted their 0 per appearance fee?

(By the way, here in Jersey, we don't pay 1/4 of that -- so I question that number.)

You gotta problem with one lawyer, ok. Two lawyers, maybe. After that, your the problem, not the lawyer.

By the way -- the reference was to an tired old cliche -- "he who represents himself has a fool for a client." Like many tired old cliches, if you ignore it, you better be right, because you have no excuse if your wrong!

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response to comments

by mary shelton Thursday, Jan. 04, 2001 at 1:58 PM
chicalocaside@yahoo.com

Thanks for your feedback on my article. The point of the article was that Avila is suffering from a brain injury and is on a wide variety of medications, and often doesn't know where he is, let alone what he is doing. Yet, a judge found him fit to represent himself in a trial, and was backed up by four other judges, even when Avila again asked for another appointed attorney. Interesting, in a county where the right to represent oneself is rarely granted by the judges, according to defense attorneys I have spoken with.

Avila's attorney showed up with liquor on his breath, missed a couple of appearances and has a history of discipline by the state bar. Unfortunately, the conflict panel is a one time shot, and you don't get an attorney of your choice in this country unless you have bucks to afford one. You don't like the lawyer, you are stuck with him unless you can afford a private attorney or one will go pro bono. Private attorneys helped other defendents. One was soon suspended by the state bar, after taking some of the cases and every other private defense attorney in Riverside and San Bernadino refused to take the cases, because they all said they had families to suppport and didn't want to become targets of the DA.

The 0/appearance fee for conflict attorneys has been verified by sources.

Riverside County has its own rules. The DA's office has a conviction rate of 91%, and I'm beginning to realize why the number is that high.

Again, thank you for your imput.

ms

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Something still ain't right

by Paul Daly Thursday, Jan. 04, 2001 at 10:04 PM
pauldaly@altavista.com

Here's why I say that:

If Avila was so messed up -- with the brain injury and the medication -- what was he doing in this protest rally? I mean, assuming he was such a mess, shouldn't somebody have said "Civil disobedience ain't for you pal!"

Also, I don't know what defense attorneys you've spoken to, but the Constitutional standard for representing yourself is VERY LOW. Its your butt on the line -- if you want to represent yourself no judge should interfere with that decision and FORCE YOU TO BE REPRESENTED BY AN ATTORNEY YOU DON'T WANT.

Actually, the law is that a court should deny a request to go pro se only in the most extreme of situations.

Just as an example -- remember that nut Colin Ferguson who shot a bunch of people on the LIRR around Christmas time. This guy was pretty far gone but he was permitted to represent himself. You have to be bonkers before a Court will force you to be represented by an attorney AGAINST YOUR WILL.

The fact that 5(!!) judges agreed with the decision to allow Avila to go pro se tells you that this was probably the right thing to do.

As for the claim that the other private attorneys in town refused to take the case because they feared retribution from the DA -- PUH-LEASE. You can't buy that BS!! That's what criminal defense attorneys do for a living! If they're afraid of the DA, their not going to make much of a living!!!

And by the way -- Every prosecutor should have AT LEAST a 90% conviction rate. They should not be trying people for crimes unless they are POSITIVE they guy did something wrong. Its a GOOD THING that the prosecutor has a 90% conviction rate!

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response

by mary shelton Friday, Jan. 05, 2001 at 2:46 PM
chicalocaside@yahoo.com

I wasn't aware that Avila was at the rally, until I saw the video tape, and he was in the background. There were over 60 people there; the DA's office chose 20 to prosecute. When he was charged, I was surprised, but he was fingered by the police officer who had sent a police dog into his mother's house in 1983, which nearly chewed her to death, according to discovery.

You can read into it, whatever you choose, or be suspicious. That's your perogative. But, Riverside County has its own rules, and they might be different from where you are at. I have sat through Marsden hearings, even when the bailiffs try to tell me they are closed to the public. And many have been denied. The judge's argument, usually is that if the person represents themself, it may jeopardize the case of the people.

As for the defense attorneys, i spoke with many of them, and that is what they told me, if it's bull, it's their bull, but it is what they told us, and they were serious about it. They told us to keep fighting our cases, but they would not take the cases themselves. Again, maybe your jurisdiction is different, but do not use your experience to invalidate what we are experiencing here, which is far different. As I am sure it is different in other counties like San Bernadino, Los Angeles, etc.

The DA's prosecution rate of 91% is the highest in the state, ahead of San Bernadino's 88%, and way ahead of the lowest which is San Francisco at around 63%. I don't think the figure itself is bad unless it becomes the all emcompassing factor in prosecutions, rather than the issue of justice. And they run that courthouse. A judge, i.e. Robert Spitzer, doesn't rubberstamp their motions and objections, then he gets papered by the entire office. Now, that judge has been moved to civil cases, b/c the other judges were burdened by the cases he wasn't getting.

likely, you are rolling your eyes, when you read my articles, again your perogative. But, I know my county, I live in it, and have spent a lot of time between the walls of its justice system. You have not.

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Last word?

by Paul Daly Saturday, Jan. 06, 2001 at 12:26 AM
pauldaly@altavista.com

I wasn't "invalidating" you -- I was "disagreeing" with you. That's all. I've got plenty of experience in this field. When I smell "con" I'm usually right. Not always, but usually. And here, I smell a con job.

But hey, what do I know and who cares what I say?

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I was there

by mike Sunday, Jan. 07, 2001 at 4:28 PM
freewaytwenty@webtv.net

I was on the 91 freeway with the protest group November 1, 1999. At a protest there are many with their own agendas and no restrictions are placed on protester participation. Ralph is a very head strong person and basically a loner. This is evidenced by his self representation while 16 of those prosecuted took deals.

Ralph had an attorney for a week, and that attorney wanted to treat the case as a free speach issue. All 20 prosecuted protesters wanted the case treated as a free speach issue. When Ralph's attorney was suspended the group of protesters approched 30 local attorneys asking for representation and were turned down. Two "out of area" attorneys would accept the case for pay if the protesters would agree to plea bargains. "Out of area" pro bono attorneys agreed to take the case only if the protesters agreed to accept pleas. Money was not the issue.

Ralph was denied a public defender ( conflect of intrest) and so was assigned a conflect attorney who demanded Ralph accept a plea bargain. Ralph refused and so the marsden hearing.

Ralph admitted he could not defend himself in court but said he did not want an attorney that required him to accept a plea bargain. After several such hearings the judge said Ralph would be allowed (forced) to represent himself.

In Riverside, 95% of casses are resolved by plea bargains, thus the high convection rate.

In Riverside, over charging is the norm. This scares people into accepting plea bargains. In Ralph's case he was charged twice with obstructing traffic. The plea bargain offered was to plea guilty to one count of obstruction of traffic. In exchange for the plea, all other cases would be dropped.

In protest cases the city generally drops the case. When that does not happen most protesters accept the plea bargain and get on with life. That is just the way it works.

People do not want a protest march in their neighborhood in front of their homes. People do not want businesses hindered by protesters. In Riverside, by court order, protest are not permitted around or near court offices. The question is then, where does one protest?

When the constitution was written, people traveled by horse and there was only one road into town. This ment that any protest was a public danger and would disrupt business and inconvenience people. Yet the constitution protects free speach.

Riverside used a law intended to keep hich hikers off the freeway to limit free speach, and even Ralph could see this and knew it wasn't right.

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Cracking me up

by Paul Daly Monday, Jan. 08, 2001 at 12:58 AM
pauldaly@altavista.com

Is Riverside on the other side of the looking glass?

That seems to be what you would have us believe.

Its a world where attorneys make decisions for clients and not vice versa?

PD's defend "dogs" (bad cases) all the time. That's their job. I just won't accept that a PD refused to defend someone who wanted to go to trial.

The reason that I suspect so many attorneys advised Avila to enter a plea is that he had violated some code. One attorney you mentioned had a bright idea in making it a free speach case -- doesn't change the fact that he was probably violated the code -- just means maybe the code was enforce unconstitutionally (or, perhaps is facially unconstitutional).

Look -- a guy who is offered a plea for obstruction of traffic, and then turns it down ON PRINCIPAL can't bitch when he's hammered. You can't be a martyr without being hammered. He obviously wanted to be a martyr. If he didn't he would have taken the plea.

By the way, over charging is the rule everywhere -- it gives the prosecutor leverage in plea negotiations. Defense attorneys know

Also, 95% of all cases in the US are pled out.

Look, I'm not saying that anything the cops did was kosher. I suspect it wasn't. I just don't think that this kids supporters are being upfront either.

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