A DAY IN THE LIFE OF A YOLO COUNTY DEPUTY
DA
By Dave Rosenberg
Yolo County Supervisor, District Four
It’s always about drugs.
This morning seems like everything has to be attended to at once. I’m already behind the power curve. I’ve been in trial for two weeks with three defendants who were caught on I-5 heading towards Oregon with approximately one pound of cocaine and one pound of methamphetamine. Yesterday, we finally got through all the pre-trial motions to suppress evidence, at which point, two of the defendants suddenly wanted to plead guilty. I have a policy that I don’t plea bargain during trial, unless the case is coming unglued. They plead guilty to all the charges, and threw themselves at the mercy of the court. They got four years each in state prison and they will be facing deportation. Unfortunately, that means I’m behind the power curve on today’s cases.
8:30 a.m. -- Reviewing morning calendar. My morning calendar (9:30 a.m.) has me in two different courtrooms with seven different defendants. They range from a trial readiness conference on the young man accused of breaking a police officer’s throat while high on LSD, to a preliminary hearing with a federal parolee accused of manufacturing methamphetamine in a motel room in West Sacramento, and two young adults accused of possession of several founds of marijuana for sale. There were also the usual straightforward possession of methamphetamine cases as well.
9:15 a.m. -- I had to make a quick stop in Department 5 to ask Judge Lebov if I could go up to Department 2 where the bulk of my cases were. He agreed, and as I left the courtroom on my way up to Department 2, I spoke with Tom Purtell, the defense attorney in the LSD case. Though set for trial next week, no courtroom was available, and we agreed that a new trial date would be needed. I asked him to pick a new trial date in an already full trial calendar, and that I would look at my calendar as well (which I always carry with me). If I ever lose my calendar, I’m sunk.
9:30 a.m. -- Once in Department 2, the attorneys met with the Judge to discuss those cases that could resolve (plea bargain) and those cases that had to be continued. We agreed that two of my cases (possession of methamphetamine) could resolve with pleas of no contest, and an agreement that the defendants would not be sentenced to state prison at the outset. Most likely, they’ll receive county jail time and a residential treatment program followed up by three years probation, which is pretty much a standard sentence for people with drug problems.
The other two cases are more complicated, and involve possession for sale of marijuana, and the other manufacture of methamphetamine. Both were confirmed for preliminary, and both are task force cases with YONET. The defense attorney on the marijuana case doesn’t think his client should have to suffer a felony conviction for possession for sale of marijuana, and wants me to plea bargain to "maintaining a place where illegal activities occur." With the evidence found at the scene, including scales, packaging materials, pay-owe sheets and a heat sealer for plastic bags, along with the two pounds of marijuana, I have a hard time agreeing to that request. It’s confirmed for hearing.
10:00 a.m. -- Back in Department 5 to meet with Judge Lebov and Tom Purtell to pick a new trial date for the kid that broke the officer’s throat while high on LSD. I have a triple homicide set in June that is set to last for four weeks. Tom Purtell is booked in July. We agree on August.
10:15 a.m. -- Back to Department 2 to meet with the attorneys on the remaining cases and to take pleas to the two possession-of-meth cases.
10:30 a.m. -- I had to make a quick call from the clerk’s office to federal probation to check on the status of the federal parolee accused of manufacturing methamphetamine. He has a prior federal conviction and is currently awaiting a parole revocation hearing. No luck, so I left a message.
10:45 a.m. -- I take the pleas in the two possession cases after the defense attorneys went over the plea forms with their clients. The Judge informs them of their rights and sets sentencing dates. There are other cases ahead of mine, so I have to wait before they are called.
11:30 a.m. -- Out of court at 11:30, and back to the office to confirm that the task force agents will be in at 1:30 for the preliminary hearings, and to tell our subpoena clerk to bring in the witnesses on the other two cases.
11:45 a.m. -- Telephoned in an order for a sandwich at Togo’s which I will pick up and bring back to my desk and work through lunch preparing for preliminary examination at 1:30. Both bases are complicated, and I will have to put on several witnesses in each in order to have the Judge find that there is sufficient evidence to hold the defendants for trial.
11:50 a.m. -- Telephone call from policy agency concerning homicide investigation and new information concerning suspect. Can’t discuss more since case is pending, and it involves narcotics, and a drug deal gone bad, which is why I’m working it.
11:55 a.m. -- Telephone call from Brenda Heng regarding investigation about methamphetamine lab. Wants to know about probable cause for search warrant. We discuss case, and if and when time comes, when to meet and where. I go along with YONET when I can on certain high profile cases or sometimes just so I can learn how they do their jobs.
12:00 noon -- Pick up sandwich. Eat fast.
12:15 p.m. - Back at the office. I pick up the file on a home invasion robbery and shooting in Davis back in 1995. I prosecuted Hoogie Ellis, and he is now in state prison. He and some friends ripped off four drug dealers in Davis, took their pot and shot one of them. We have a second suspect in custody, and I’m set for arraignment and trial setting next week. I’d like to get ready, but with two hearings at 1:30, I give up and put the file down. Later.
12:20 p.m. -- Preparing for preliminary hearing on two afternoon cases. One is very complex, and I want to get in enough evidence for conspiracy charges. Prep time until 1:30.
1:30 p.m. -- Prelim with marijuana dealers set by court in Department 8. Prelim with meth manufacturer in Department 7. Can’t be two places at once. I go to both to coordinate. Prelim with marijuana dealer continued until 3:00 p.m., because Judge Johnson has a juvenile matter to finish up. I go back to Department 7 to meet with the Judge and two attorneys on meth case. (The federal parolee has a co-defendant, thus the two attorneys.) I have four witnesses, including two YONET agents.
2:00 p.m. -- Preliminary hearing begins, I call first witness, arresting officer, then move on.
3:00 p.m. -- Still doing the meth case. Federal parolee is in custody, his co-defendant is out. Judge Johnson comes into the courtroom to fine out why I haven’t come down to the marijuana dealing case. There are two co-defendants in that case as well. One of their attorneys wants me to plea bargain to maintaining a place again, since I’m tied up in Department 7. I say no way, we’ll stay late if we have to.
3:15 p.m. -- Back in preliminary hearing on meth manufacturing case. Defense attorney is raising all kinds of objections, doesn’t realize I’m laying a foundation for additional charges for conspiracy to manufacture methamphetamine. Not sure the Judge realizes it either. Sometimes you have to ambush people.
3:45 p.m. -- Judge Johnson comes back in, gives file on marijuana case to Judge Warriner. Defense attorneys and their clients get tired of waiting. They agree to continue case until July.
3:55 p.m. -- Back in preliminary hearing with meth case.
5:00 p.m. -- I’m on my fourth and final witness. Court adjourned until tomorrow at 10:00 a.m. But I have a 9:00 a.m. appearance on a triple homicide involving narcotics in Department 5, and two preliminary hearings in Department 2 at 9:30 a.m.
5:15 p.m. -- Meet with YONET agents to discuss pending investigation and search warrant. They’ve got my home telephone number and beeper number. They’ll be in touch.
5:30 p.m. -- At my desk, trying to get organized, and trying to return telephone calls and answer mail.
5:45 p.m. -- My youngest daughter calls. I need to go home, fix dinner and take care of my two daughters. I’m a single working dad after all.
6:00 p.m. -- I have to go home now. Just another typical day in the life of a drug prosecutor.
[Deputy District Attorney Jim Walker contributed to this article.]