Nov 3, 2009 | Posted by: roboblogger
Full story: The Daily Democrat![]()
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Well Gino... have we learned our lesson yet? Will we be reading about you in a year or so? Probably so!
Was any anger management or conflict resolution classes ordered for this knucklehead? |
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Mr. Roman was breaking no law when police were called to the residence. The other residents, his family, had police called because he was behaving erratically. Police, knowing Mr. Roman's mental health history, were there to detain him for a 5150 hold. Police arrested him for misdemeanor resising arrest and left him at the hospital for a mental health evaluation and 72-hour hold. Only when the case got to the District Attorney's Office did the case turn into a felony. Re the 2004 case, the court threw out the battery against the police charge due to lack of evidence. In the current case, the issue was whether police used excessive force. The jury did not find police used excessive force, notwithstanding the investigating officer inflicted about a half-dozen "distractionary strikes" with a closed fist on Mr. Roman's upper back and about the same amount of closed baton strikes to the same area. Before police pinned him to the bed and delivered these strikes, Mr. Roman was reaching into his fanny pack, where no weapon was found; he was not reaching into his pocket, as the press release states. |
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It is too bad people have not realized with DA Reisig running that office, the truth is not relevant, the only thing Mr. Reisig wants is a good conviction status, good long term sentences so he can say how a good white Republican is tough on crime for his re-election. With that attitude, no one is safe from his railroading style and the justice system does not work in Yolo County because of his "win at any cost" attitude. And since no one in his office can speak out against him, he continues to run rough shot over anyone that tries to stop him.
Sad times for Yolo citizens. |
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This case sounds like the WPD made the arrest, the problem with law enforcement most of them watch to much (TV)Cops,they think they can abuse their power because they ware a badge, most of these scared law enforcement officers get their HARD ON by beating up people that can't fight back, and when someone has a question about the arrest the police are always saying the person was resisting arrest thats because they were in the wrong,and this is ware the cover up starts ask the officers what happen and i will bet you they all have different stories, and if you want to see police act erratically check out Woodland finest i hope Mr,Ramon get justice and i hope the family continues to fight if Mr Roman was in the wrong.
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who wrote this great article? It's cool knowing the D.A is not just sending you stuff to print as if you guys had originally wrote it.
Doing that would almost be unethical. Wait, did they say the opera house was haunted of the Double D office? |
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Great post. I'm not sure "ware" the cover up stared in this case and it doesn't look like the jury found "ware" the cover up started either because they convicted him. Why would the family continue to fight if Mr. Roman was in the wrong? I think "The real deal" to run against Reisig in the election. Even if you don't vote for "The real deal" don't forget to vote "NO" to Reisig like some other posters have requested. |
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Does anybody care that a jury found this idiot GUILTY!
He's lucky he didn't get shot. He should be thankful. |
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Since: Aug 09
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Do you really think the DA has that much power? The DA's office decides what crimes to charge and then prosecutes the cases...THAT'S IT!!! There is still a judge presiding, there is still a jury, and most imortantly....THE DEFENDANT HAS DEFENSE COUNSEL. Your comments do not take into account all of the other aspects of our legal system. |
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In perfect world, this would be fine. But the vast majority of cases don't go to jury trial. And in Yolo County, most of the judges are spineless, letting the DA make whatever offer they want, without pressure. |
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Since: Aug 09
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This person was found guilty by a jury. Also, all offers have to be accepted by the defendant. Defense attorneys do not have the ability to accept or refuse pleas, only the client does. It is also every persons CONSTITUTIONAL RIGHT to demand a trial before a jury...if a person relinquishes that right than how in the heck can that be the DA's fault? |
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The issue was whether the case should have proceeded as a misdemeanor (which police arrested him for) or a felony. I believe the point previous posters have stressed is that the case was overcharged and the District Attorney's Office (under Reisig) has a pattern of overcharging cases. As I stated in an earlier post, the judges are not confronting the problem of overcharged cases. Thus, many cases are going to trial overcharged as felonies. That is a problem juries cannot correct because they have only the power to determine whether a crime has been committed, not whether it should be a misdemeanor or a felony. |
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This guy man mentally ill.
The police was originally going to hold him for 72 hours. He got felony charges when he got to the D.A. Please, Please, Please, stop printing Press Releases and DO your homework. Do you understand the problems with printing press releases? Really.. Let me give you some advice. Have all the small stories send you press releases, and cover the big news. I know the opera house is haunted... no one cares. "Roman is currently on probation for a being convicted of a similar charge in 2004 and has a history of being violent with the police, according to prosecutors" According to prosecutors...and according to the family? And according to the other side? Please, hopefully this is the last time I have to be critical. Do you understand that he was mentally ill, and you guys completely missed it? A mentally ill person was accused of resisting arrest by the D.A-when he was only going for a misdemeanor by the Police. And what you printed is misleading, you are now spreading "propaganda" (i use it lightly) for the D.A. False reporting |
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Since: Aug 09
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I dont think that what you and others are pointing out is a problem at all...it is how our legal system works. The arresting agencies do not set the charges for prosecution. The DA does, not only in this County but in every single County in this State. It is the defense attorneys job to fight for their client if they feel that the DA has overcharged. |
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It would seem unlikely that the defense counsel could simply wave the magic wand and turn the case into a misdemeanor. That's something only the DA can do. |
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The DA has all the power, he controls what is investigated, if he finds something that will hurt his case he hides it or does not include it so the Judge or Defense never sees it or knows about it. You live in LA LA land if you think the judge jury and Def Attorney can know everything that is hidden, withheld or concealed. Reisig has way too many allegations and too many courts over turning him for hiding things (even if he says he did not know about it or it was a mistake) too many coincidences show intent! DA Reisig is bad for Yolo and bad for the Justice system. |
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Since: Aug 09
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There is no magic wand needed. The Defense can file a motion. Once filed it has to be ruled on. Once ruled on it becomes part of the record and is open for appeal, if the judge rules incorrectly. |
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It seems this DA press release has backfired a bit--generating negative publicity. Keep it up, Reisig.
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Since: Aug 09
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Your comment that the DA has all the power is just plain wrong...the legal system does not work that way. Your claims of hiding evidence also completely discount the defense...they investigate matters as well. The defense has the right to interview every person that the DA does. You seem to think that the defense simply reacts to the prosecution and that is dead wrong. The defense calls it's own witnesses, cross examines prosecution witnesses, etc. Please cite ONE CASE that has been overturned. Just one case. People keep posting that there are all these cases that have been overturned but can not cite even one case. |
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Actually you are wrong on this one. The D.A decides to prosecute, and is the architect of the criminal charges. No Attorney can motion to have charges dropped. A defense attorney must disprove the charges in court.-That is the only way charges are "dropped". The people have the option to appeal, if they have the funds to do so. But charges are based of what the D.A has decided. As a fellow attorney, I can tell you, your bar association membership should be returned promptly. |
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Nice try Jeff, you're not getting re-elected |
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