After a Del Norte Superior Court Judge denied the motion to recuse Judge Kaleb Cockrum, he scheduled hearings on other motions.
Today, he ruled on several defense motions in the Jason Smith case. It took all morning and most of the afternoon. There were also more motions in limine.
I knew today would be long just because there were several motions. What I did not expect was an emotional day, especially with a PC 745 motion, discussion and rulings on race and a defendant rudely removed from the courtroom. It shook me to my core. It was a tense day.
Smith asked to go back to the jail in the afternoon because he did not want to sit in the courtroom anymore after repeated rulings by Judge Cockrum. Smith spoke his mind and was cuffed and removed from the courtroom with the bailiff yelling at him.
"How could I get a fair trial?" said Smith. "Look at this room."
Everyone in the court today was Caucasian. I know the Judge, the attorneys and the court staff so it isn't just an observation.
Smith is half Native American and half black. He described himself as such and so did his attorney while arguing that he should have a jury of his peers.
"Everything has been denied," said Smith.
Judge Cockrum said something to the effect that he understands.
"No you don't understand," responded Smith.
At this point, the court bailiff yelled at Smith and Judge Cockrum should have said something.
White Mark Dare, Marci Kitchen and Brian Daniels are treated differently than black Demetrius Coleman and Smith. I am not defending Smith's alleged crimes in this case or his criminal history or Coleman but I will call out differential treatment.
Smith did make a remark to Deputy District Attorney Trent Timm that was brought up under the motion to recuse the Humboldt County DA's office. I think Judge Cockrum made the best ruling he could and it wasn't a black or white ruling. Judge Cockrum also made the correct ruling regarding bail and release. Regarding the amended motion, I didn't cover previous hearings in the case. Allowing the DA to correct an error in the midst of trial and add a charge that affects sentencing is something legal minds can debate.
Judge Cockrum's ruling about the jury and saying one is not entitled to a jury of his peers and denying almost everything the defense asked does raise the question, how fair has he been in this case? Judge Cockrum's dismissive attitude that Smith is where he is in jail ignores the racism and the economic and social issues in society that plague the criminal justice system.
Smith, like Coleman, cannot just pretend his own actions don't matter. But as he told Judge Cockrum, he was frustrated.
Judge Cockrum said "it is concerning that Native Americans are 6 % of Humboldt County's population but 24 % of the prisoners in Humboldt County."
Yet, Judge Cockrum thought of all the potential jurors, only 1 African American and one South Asian woman is okay. There aren't a lot of people of color in Humboldt and there is a reason for that lack of diversity. Judge Cockrum ignoring defense pointing out that people of color are disproportionately affected by the pandemic just so this trial can move forward may not be due to racism but it does speak to implicit bias and white privilege.
I am pretty sure it was HCSO court bailiff Travis Mendes who was in courtroom 3 today. He is usually with Judge Cockrum . His overzealous behavior is the kind of behavior that gives all law enforcement a bad name. Was it a race issue? No, I think Travis Mendes has an ego and a gung ho atttitude. He has behaved this way with other people who have shared their experiences with me. He needs to do his job as a court bailiff instead of wanting to work the court camera and insert his opinion in court about jail policy on gloves and other matters.
I know his father, retired HCSO Deputy Alan Mendes well. We have agreed and disagreed before and had a good, professional relationship. That will change like any other superficial relationship in Humboldt. Lot of the younger HCSO deputies have an attitude problem. Sheriff William Honsal can chose to address that or not with them. But taking a knee at a protest in front of the cameras does not address behavioral issues, bias or abuse of power because someone has a badge.
PC 745 (a): "The state shall not seek or obtain a criminal conviction or seek, obtain, or impose a sentence on the basis of race, ethnicity, or national origin."
I don't know Smith. Unlike Coleman, I started covering this case when the trial started. All I know about Smith is his rap sheet and his demeanor in court during trial. People deserve a fair trial. They don't always get one. It is the level of injustice in this small, arrogant, rural County that should bother anyone with morals and a conscience.
I do know Humboldt well, Humboldt Superior Court extremely well and I know Judge Cockrum and the attorneys well.
I have known Deputy District Attorney Trent Timm for a long time. He is a decent man and a good lawyer. He is not a racist. It is his misfortune that he is stuck in the typical Humboldt drama filled court case. Humboldt courts have to litigate the issues the politicians, the businesses and this community ignores.
Deputy Conflict Counsel April Van Dyke is doing the best job for her client as any decent defense attorney would. What she has raised today are concerns and a cry for justice happening all over the nation. In Humboldt, it is not going to go away unless the stench of arrogance and corruption that permeates every level of government in California and Humboldt is removed.
Knowing what I do about Judge Cockrum personally, he is not a racist, but now he is a Judge. There has been tremondous stress due to COVID restrictions. There is a lot of pressure on local judges to get trials out and get cases moving.
It isn't just the two faced, passive racism but the fact that many in Humboldt have an issue with outsiders and anyone who speaks up against the established status quo.
This backlog is the inept mismanagement and arrogance of the current Humboldt Superior Court Presiding Judge and court administration. The same Presiding Judge and administration who is okay with abusive, rude, incompetent Judge Gregory Elvine-Kreis sitting on the bench. This while there are allegations of anti semitism, drunk behavior, mingling with Public Defenders and Humboldt court doing its own investigation into who was talking about Elvine-Kreis' "alleged" affair with a court employee . Maybe flaunting that inappropriate relationship in bars and in public wasn't the smartest move? The problem acccording to the dummies in charge of the local courts is who is talking, not that a married Judge is inappropriately interacting with a female employee.
I have seen Judge Cockrum's demeanor change towards Ms. Van Dyke. Only he knows why. Were his rulings today influenced by the fact that Ms. Van Dyke wanted to recuse him? In the last two years, it is more obvious that on a national and local level that Judges do whatever they want. They don't like being challenged. The California Judicial Council is useless. There is no oversight. Just a lot of woke posturing by the rest of the local media, their cowardly funders and anonymous supporters who attack and try to silence the truth in Humboldt.
Public Health and the California Judicial Council created this disaster. If you are poor or a person of color, screw due process. Newsom and the woke bureaucrats just want your votes and to collect their paychecks.
Where is the rest of the woke local media and Sacramento Bee now? Can they investigate or report anything unless it is handed to them?
No protests about racism in local courts and the rate of Native Americans in the jail? The local protestors can march on national cases but are cowards in tackling local injustice because they don't have the guts to speak up and their concern is fake. They dont have time to spend hours documenting actual information; they just like being on TV or getting press.
Previous posts:
https://johnchiv.blogspot.com/2021/04/del-norte-judge-denies-motion-to-recuse.html?m=1
https://johnchiv.blogspot.com/2021/04/the-day-to-day-rescheduling-of-jason.html?m=1
https://johnchiv.blogspot.com/2021/04/i-dont-know-if-anything-will-proceed.html?m=1
https://johnchiv.blogspot.com/2021/04/defense-motions-in-jason-smith-jury.html?m=1
https://johnchiv.blogspot.com/2021/04/we-are-on-hiatus-until-we-hear-from.html?m=1
https://johnchiv.blogspot.com/2021/03/jurors-sent-home-in-hoopa-resident.html?m=1
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