In an opinion issued today, a California Court of Appeal ruled that Orange County prosecutors overstepped their authority to seek tough penalties against hoodlums who violate court-imposed anti-gang injunctions.
In January 2007, Sixto Moreno and Anthony Lopez—two Santa Nita gang members—drank beer in a vehicle parked in a residential driveway after 10 p.m. and in an area of Santa Ana supposedly controlled by a court order that limits gang activity. Police arrested the men for violating the injunction.
Violation of a court order is commonly considered a misdemeanor, but District Attorney Tony Rackauckas' deputies convinced a grand jury to indict Moreno, 28, and Lopez, 42, on three felony counts for the conduct. The key to his logic? The public demands stiffer penalties against violent gang members. If found guilty, the pair could have faced years in prison.
The felony charges "voice the intent of the people that gang-related crimes receive enhanced punishment," Rackauckas' office argued in front of Presiding Justice David G. Sills and Justices William F. Rylaarsdam and Kathleen O'Leary.
But it was Orange County Assistant Public Defender Martin F. Schwarz who won the day. He got the court to issue a pretrial ruling that concludes the DA had "criminalized" what the justices said were "otherwise innocuous acts": sitting in a lawfully parked car while consuming alcoholic beverages. The impact of the opinion written by Sills? Prosecutors can only file misdemeanor charges against gang members accused of being in contempt of a court's injunction.
"This is a huge blow to law enforcement," one veteran cop told the Weekly. "It knocks the teeth out of our ability to keep gangsters from dominating certain high-crime-rate areas."
In July 2006, Rackauckas, area politicians and local police gang units celebrated the injunction, issued by Superior Court Judge Daniel Didier, as a necessary tool to restore order where Santa Nita ruled over residents with fear and violence. The order named 137 gangsters (many of them teenagers) and called for mandatory neighborhood curfews, prohibitions against gang associations or violent activities, and a ban on gang-related clothing. The injunction zone is Harbor Boulevard to the Santa Ana River, and from Trask Avenue in Garden Grove to West McFadden Street in Santa Ana.
At the time of Didier's order, Deputy Alternate Defender Tony Ufland predicted that "it enjoins people from doing things that are completely legal . . . things like wearing certain colors, drinking in places where it is legal to drink, associating with people of your choosing. They are looking for a brass ring and going well beyond what the law says is constitutional in this injunction."
Ufland: candidate for soothsayer of the year?
But happy gangsters, don't order that new tattoo or fire your Glocks into the sky yet. Rackauckas, a gangster as a teen, isn't accepting the decision as final. "We're definitely asking the Supreme Court to review this," he said.
(See Anthony Lopez v The Superior Court of Orange County, G03925.)
—R. Scott Moxley / OC Weekly
March 3, 2008 16:31
I'm shocked that our local Court of Appeal can be so damn liberal all the time! I'm 63 years old and I don't think the appellate courts have been this bad since Rose Bird was a judge. Let's hope our local prosecutors start telling them that the citizens are in charge... not the liberal Carter/Clinton appointees!
P.S. The guy with the tats is hot!
March 3, 2008 17:37
Hey Frieda,
I guess that, despite the right-wing conservative tendencies, deep down inside all of you anglo-sangrones really do crave the forbidden, brown fruit, huh? Go ahead, knock yourself out with a Sureño or F-Trooper...On a more serious note: As for liberal judges, well, contrary to your beliefs, politicizing laws the way Rackauckus is so fond of doing serves no one. Tackling the gang problem requires a littany of considerations. A simple, black and white, law and order, non-analytical cure is the usual fare for Republicans. As you can see, it takes more than that to solve that problem. Lastly, I prefer 'activist' judges as your fearless and hapless leader has labeled them. They tend to analyze things better than those who believe the Bible should be believed word for word.
March 3, 2008 18:16
Prison time for legally DRINKING beer and TALKING to a pal? These cops are nuts. They want a police state.
March 3, 2008 18:29
Cesar,
You like activist judges? Well, let's see how'd you feel if George Bush's appointees started legislating from the bench and issued rulings saying things like illegal immigrants shouldn't be allowed to seek relief from the court! Even if they are sentenced to death! Because they don't pay taxes and are trespassers in our fine land!
I'd HATE such biased rulings, but it just goes to show that judicial activism works both ways. Judges need to realize that they are bound by statute and the Constitution as originally enacted.
That's what I learned in Civics class back in Des Moines in 1954. And I'm not racist or a right-winger. That's why I'm not opposed to "brown fruit" as you offensively put it.
Just because I believe in truths like personal responsibility, prison, Jesus Christ, and the sanctity of unborn babies doesn't make me a right-winger!
March 3, 2008 19:17
They are criminals. You go Rackauckas!!!
March 3, 2008 19:41
Hi Frieda,
Hmm, let's see, where do I begin?
Funny how you immed got on the immigrant thing. Is it because of my name or the fact that the gang in question is Latino? You forgot to mention that you count Latinos as some of your best friends, right?
So-called activist judges don't legislate from the bench. Stop using those stupid talking points you so often hear from your Pendejo-In-Chief or from O'Reilly or Rush or similar ilk... Get an original thought. It works wonders for your brain cells.
Immigrants don't pay taxes? Dude, I am involved in workplace safety consulting and it's a hoot to see how employers knowlingly hire undocumented workers for minimum wage. SOme even pay under the table to avoid paying there share to Tio Sam. And here's the best part: Those workers are deducted fed, state, and social security taxes but can't claim a refund come April 15 because their social sec #'s aren't valid! Wow, that shoots down your idiot talking point #2 that they don't pay taxes.
Have you renewed your MinuteMen membership yet? You'd better check the fine print because you are probably guilty of using one of those undocumented workers yourself thus making you a typical hypocrite. You prob used one of them in your own backyard as a gardener or as a pool maintenance/cabaña boy or as a baby-sitter. Granted, you prob used one without personally knowing so. I guess next time you'd better stand on your soap box and demand accountability from your contractor. Remind him that you refuse to use a bracero in this fine land of ours, especially since sooner or later the ReConquista will take place and that you will have no part of it...
Also, me using brown fruit was offensive to you? Well, mandingo wasn't available so I used the next best thing.
As for the rest of your tirade involving "..personal responsibility, prison, Jesus Christ, and the sanctity of unborn babies..", I guess I can only applaud you for being such a moral crusader. Funny how I can name off a few of your Republican and religious hypocrites who actively engaged in pilfering each one of those pillars of morality.
Familiarize yourself with critical thinking and original thought. It will make you a better person.
Buenas Noches My Muy Fina Señorita...
March 3, 2008 20:29
Cesar,
Can you HONESTLY sit there and explain to Mr. Moxley's readers how it is that you can support the freedom of a GANG MEMBER over the right of an unborn BABY FETUS to live!?!?!
Seriously???
What do these babies do that justify them being killed by knives and vacuum cleaners? They never even had the chance to drink beer wih other hoodlums in violation of a restraining order!!! And its not just the future-white pink fetuses I'm talking about. Also the future-brown ones!!!! They are all God's babied.
Nobody is saying that gang members who violate court orders should be killed (like the babies are killed in the THIRD TRIMESTER under laws that people like YOU probably support). JUST A LITTLE INCARCERATION TO COME TO TERMS WITH THE SANCTITY OF THE JUDGE'S LAWS NOT TO MENTION GOD'S LAWS!!
PLEASE PLEASE PLEASE PLEASE get your priorities straight, young MAN!
March 3, 2008 20:51
"Future white fetuses"?
Frieda, what does this have to do with the particulars of an illegal gang injunction in Santanna?
Are you drinking shots?
March 4, 2008 00:21
Too many Orange County cops are pigs, liars, disgraceful assholes. F the lil dick MFers
March 4, 2008 06:48
Frieda,
Thx for the advice on white fetuses. I will be sure to remember that the next time I convince an anglo-sangrona like yourself to have my baby.
No offense but the original discussion dealt with a court decision involving a gang. Sorry for getting lost on your mumbo-jumbo.
Thx for your time and for the Weekly for allowing this forum.
Oh, and Gustavo, how do I get my gabacho friends to stop referring to la raza as Hispanics. I can't find Hispania on the map and, to quote George Lopez, "..I don't want to be called something that has the word Panic in it..".
My Che T-shirts and similar wardrobe containing politically charged content doesn't seem to work as well. I have tried th electure circuit but the pendejos still don't get it. Please advise.
Sinceramente,
Un Brownie No Mas
p.s. I didn't have time to go directly to your column so please accept my entry. Cuidate y mucho exito.