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Todd Spitzer - Board of Supervisors, Supervisor, Third District

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July 26, 2018 Volume 6 Issue 25
Supervisor Spitzer Welcomes Crowd to Free Screening of ‘Ghostbusters’

Supervisor Spitzer addressed fans of the ‘Ghostbusters’ phenomenon who came to watch the classic hit at Mason Regional Park.
 

Supervisor Spitzer stands in front of the big screen where OC Parks shows free movies on Fridays through the summer.
Supervisor Todd Spitzer welcomed the crowd to yet another fun OC Parks event on Friday, July 20; the OC Parks Sunset Cinema Series, featuring one of the best movies from the 80s: Ghostbusters!

“Next time you want to do something fun on a Friday night, who you gonna call? I’d say OC Parks and the Sunset Cinema Series!” Supervisor Spitzer told the crowd.

OC Parks will show the next movie in the Sunset Cinema Series, Zootopia, on Friday, July 27 at 5:00 pm at Irvine Regional Park.
 
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Yorba Linda Concerts in the Park Series

Yorba Linda residents kick back at the first of the Yorba Linda Summer Concerts in Hurless Barton Park.
 

The Yorba Linda Concerts in the Park series opened up at Hurless Barton Park with classic rock band The Answer on Sunday, July 22.

The Answer is on its Runnin’ Down a Drain Tour and brought the show to Yorba Linda, playing a plethora of songs ranging from Frank Sinatra to Bruno Mars keeping the full park dancing and singing along. They featured red, white and blue streamers, free t-shirts from t-shirt cannons and other freebies for the crowd to enjoy. One attendee won the dance contest and received an American flag electric guitar!

The Yorba Linda concert series will continue at Hurless Barton Park featuring the band Stone Soul on Sunday, July 29 5:30 – 7:00 pm. For complete list of events for the Yorba Linda Concert in the Park Series, visit https://www.yorbalindaca.gov/DocumentCenter/View/1311/Concerts?bidId.

Bring your family and pack a picnic to enjoy the free live music at Hurless Barton Park every Sunday evening now through August 19.
 
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Newest Crime Law Violates Constitution and Buries Courts in Insurmountable Problems
As published in the Daily Journal, California’s legal periodical.

Sacramento’s latest foray into reshaping our criminal justice system is an utter disaster that violates the state Constitution and will create numerous hearings and appellate issues that could bring our courts could come to a standstill. Judges in every county will find themselves with thousands of additional hearings every year.

This frightening scenario is brought by Assembly Bill 1810, signed by Gov. Jerry Brown on June 27 and effective immediately. It expunges the record of virtually any defendant after a maximum 2-year diversion program, providing he or she showed mental illness “substantially” contributed to committing their crime.

It has no guidelines on how this will be initiated or how the increased workload will be funded. Many small counties such as Calaveras, Amador, and Sutter likely have no system set up for mental health diversions. This creates equal protection issues as someone in Alpine County gets locked up for a crime where a Los Angeles County defendant received diversion.

But the worst part of this is the violation of Marsy’s Law – a victim’s rights initiative that passed in 2008. I co-wrote the initiative and was its statewide campaign manager. This law was created to put an end to the abuse crime victims endure within the legal system, including: lengthy trial delays, harassment, a lack of restitution, and a lack of notice for parole hearings.

When cases languish for years, witnesses and victims can have lapses in memory, become ill, or die before a trial date arrives.

The Victims’ Bill of Rights is contained in Article I, section 28 of the California Constitution and requires the following, which have now been undone by AB 1810:
  • Victims may address the court at every stage
  • Restitution is awarded for monetary loss
  • Victim has a right to a speedy trial
Countless people have worked to make sure our courts truly offer “equal justice for all.” Gov. Jerry Brown has undone this with a stroke of his pen.

A Dilemma for Courts

Orange County was one of the first courts in the state to use the Collaborative Courts model, where select defendants who have a high propensity for success are awarded diversion. It began with a drug court in 1995 and has since expanded to other types of courts as well, including mental health, elder abuse, veterans and domestic violence.

These involve a teamwork process with law enforcement and it works. A report by former California Supreme Court Chief Justice Ron George states that taxpayers were saving $90 million a year in court and incarceration costs. This program is not broken and does not need fixing.

Most judges try to do the right thing by faithfully following state law and appellate decisions. The prosecution is a tier of our checks and balances. But now we have the most radical reworking of our judicial system in recent history that places the court in an advocacy role due to the absence of a prosecutor and a victim in criminal proceedings.

AB 1810 created a scant framework where a defendant who wants to claim a mental disorder obtains a report from “a mental health expert.” If that expert – who isn’t required to be a doctor – can show that mental illness played a “substantial” role in the crime, the court is authorized to allow diversion.

Defendants who have diagnoses such as alcoholism, cannabis abuse syndromes, PTSD or any of approximately 75 recognized mental conditions are allowed to participate. The only restrictions are possessing an antisocial personality disorder, borderline personality disorder, or pedophilia. In reality, someone can claim “I shot my neighbor because I have dementia” and this would be a reason to divert to a 2-year “treatment plan” under AB 1810.

No restrictions are placed on the type of crime or criminal history to qualify for this, so this could include defendants who committed rape, mass murder and child molestation. It could include someone on the terror watch list. Potentially, every defendant in our justice system can suddenly claim an illness on this list and bring all the cases to a halt until judges hold these hearings.

Here’s where the law is gray: there is no stated mechanism for how the defense asks for diversion or a method to inform the prosecution and victims of the process. The court is allowed to receive input from the prosecution but it is not required. It isn’t clear if any of this is done in open court, in chambers or by oral or written motion.

Once the defendant is granted diversion, the law doesn’t state what happens next – does this include electronic monitoring, a lock-down facility or out-patient counseling? Do the defendants post bail or have search and seizure restrictions? Only if the defendant fails diversion is the court required to involve the prosecution, which involves holding a hearing to determine whether charges should be reinstated. Suddenly we are back in the trial mode where police, prosecutors and victims grapple with losing two years of investigation and progress toward justice.

This violates the California Constitution. Justice delayed is justice denied.

Those who successfully complete diversion may be a triumph for the defense, but this scheme places the rest of the public at risk. The file is sealed and no one will ever know the defendant committed a crime, no matter how egregious. In fact, the law goes overboard in assuring the public that “A record pertaining to an arrest resulting in successful completion of diversion, or any record generated as a result of the defendant’s application for or participation in diversion, shall not, without the defendant’s consent, be used in any way that could result in the denial of any employment, benefit, license, or certificate.”

I can think of numerous instances where this is problematic: Sex offenders can work at day care centers; killers can obtain gun licenses; DUI defendants who have killed pedestrians or other motorists can renew their drivers’ licenses; and terrorists who appear on a federal watch list will have no paper trail to assist federal authorities with their capture.

If all this isn’t bad enough, the thought of having a judicial system that has broken under its own weight is unthinkable.

Although the statute gives judges great latitude for participating in this procedure, those judges who do not accept an AB 1810 defense may find themselves the focus of an appeal for “abuse of discretion.”

Defense attorneys aren’t immune either. Those who do not seek this avenue for their clients can be removed from the case due to ineffectiveness of counsel. If the case makes it to trial, a Marsden motion can be filed or the matter can be part of the post-verdict appellate process. This law is set up to initiate appeals every step of the way, all with costs borne by the taxpayer.

Lastly, AB 1810 doesn’t say if it’s retroactive. Someone who is doing 15 years for a second-degree murder will be thinking, “I shouldn’t be in here, I should be in mental health treatment!” He will file a motion and the court will have to respond.

Courts will have to decide whether a case is retroactive and if so, a defendant will have to file a habeas motion. The general rule is, changes in the law that favor criminal defendants have retroactive application.

This ill-conceived statute is the greatest threat to public safety on the books. It should be repealed before it cripples the judicial system and wreaks havoc on public safety.
 
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Coyote Encounters Tracker Tool

 
OC Animal Care advises you to be on the lookout for possible coyote sightings in Orange County. Coyotes tend to be more active near our communities between May – August.

When dealing with wildlife it is best to be proactive rather than reactive.
  • Never feed coyotes
  • Keep dogs and cats indoors
  • Build a coyote- proof fence when possible
  • Enclose backyard livestock and small animals with secure fencing and roof
  • Never approach an aggressive, sick or injured coyote
Coyotes are often unpredictable and can become defensive if they feel threatened. If you see a coyote, you can report your sighting at http://ucanr.edu/sites/CoyoteCacher/. To see a map of where coyotes have already been reported, visit http://ucanr.edu/sites/CoyoteCacher/Story_Map/. This is a great tool for communities to look out for each other’s safety.

To report aggressive coyote behaviors please call (714) 935-6848 during business hours 7 days a week from 8:00 am - 5:00 pm. If an incident happens during a holiday or after hours, you may contact OC Animal Care at (714) 259-1122. Please leave a detailed voicemail and we will return your call as soon as possible.
 
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OC Animal Care Offers Adoption Fee Waivers for Dogs and Cats!

 
OC Animal Care has extended its free adoptions promotion for dogs and cats! See a list of pets available for adoption:
http://petadoption.ocpetinfo.com/Adopt/AdoptList.asp?type=Dog.

Due to an abundance of dogs, cats and other animals, OC Animal Care will immediately begin waiving fees for animals available for adoption longer than seven days.

The waiver includes all regular adoption fees with the exception of a $27 charge for rabies licensing. The waiver will remain in effect through August 4 or until OC Animal Care capacity level dips below 60 percent. Numbers have hovered around an 80 percent capacity and have now reached over 90 percent.

OC Animal Care is also encouraging animal lovers to temporarily foster a shelter pet. OC Animal Care has successfully fostered over 3500 animals and this is a great opportunity to save lives and give a little personal time and attention to these animals before they make their adoption debut!

OC Animal Care is located at 1630 Victory Road, Tustin 92782. Don’t miss the opportunity to visit today and provide a forever home to an animal in need.

The new OC Animal Care shelter is located at 1630 Victory Road, Tustin 92782. Learn more at http://www.ocgov.com/gov/occr/animal/.
 
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Silverado Canyon Road Pavement Rehabilitation: July 26—August 24

 
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Concert in the (Villa) Park: August 3 at 7:00 pm
 
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Construction Alert: Trabuco Creek Road Dust Abatement
 
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Pet of the Week

Click on the image above to view a PDF version.
 
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Events Around the District
Anaheim
Hug-a-Bye Baby Storytime
Tuesday, July 31, 11:00 am – 11:30 am
East Anaheim Branch Library, 8201 East Santa Ana Canyon Road

Preschool Storytime
Friday, July 27, 10:30 am – 11:00 am
Anaheim Canyon Hills, 400 Scout Trail

Irvine
Orange County Great Park Farmers Market
Sunday, August 1, 10:00 am—2:00 pm
Orange County Great Park, 6950 Marine Way

Sizzlin’ Summer Concert: Undercover Live (Pop Variety)
Sunday, August 5, 5:30 pm
Mike Ward Community Park, 20 Lake Road

Orange
2018 Summer Reading Club for Adults: Reading Takes You Everywhere
Now—July 28, 10:00 am—6:00 pm
Library Community Room, 407 E. Chapman Ave.

Mandala Rock Painting
Saturday, July 28, 11:00 am—12:30 pm
Library Main Community Room, 407 E. Chapman Ave.

Silverado
Family Drop-In Crafts
Saturday, July 28, 11:00 am — 2:00 pm
Library of the Canyons, 7531 East Santiago Canyon Rd.

Tustin
Movies in the Park: Ferdinand
Thursday, July 26, 5:30 pm
Cedar Grove Park, 11385 Pioneer Road

Toddler Storytime
Wednesday, July 31, 10:15 am—10:45 pm
Tustin Library, 345 E. Main Street

Villa Park
Author Visit: Michelle Gable
Saturday, July 28, 2:00 pm – 3:00 pm
Villa Park Library, 17865 Santiago Blvd.

Yorba Linda
Sunday Concerts: Vieness Piano Duo
Sunday, July 29, 1:30 pm
Richard Nixon Library and Museum, 18001 Yorba Linda Blvd.

Family Funtime – One-Man Variety Show
Thursday, August 2, 6:30 pm — 7:15 pm
Yorba Linda Public Library, 18181 Imperial Highway


For questions or comments regarding Spitzer’s E-Newsletter
please contact the Supervisor's office staff at: (714) 834-3330 or Montana.Sudul@ocgov.com
 
Table of Contents
orange arrow Supervisor Spitzer Welcomes Crowd to Free Screening of ‘Ghostbusters’
orange arrow Yorba Linda Concerts in the Park Series
orange arrow Newest Crime Law Violates Constitution and Buries Courts in Insurmountable Problems
orange arrow Coyote Encounters Tracker Tool
orange arrow OC Animal Care Offers Adoption Fee Waivers for Dogs and Cats!
orange arrow Silverado Canyon Road Pavement Rehabilitation: July 26—August 24
orange arrow Concert in the (Villa) Park: August 3 at 7:00 pm
orange arrow Construction Alert: Trabuco Creek Road Dust Abatement
orange arrow Pet of the Week
orange arrow Events Around the District
DISTRICT STAFF
 
Melanie Eustice
Chief of Staff

Tori Richards
Communications Director

Martin Gardner
Policy Advisor

Kassee Moseley
Executive Secretary

Al Tello
Field Deputy

Montana Sudul
Communications Specialist

Leslie Eide
Office Assistant

 
 
District Map
third District Map
Anaheim, Irvine, Orange, Tustin, Villa Park, Yorba Linda, El Modena, North Tustin, Orange Park Acres, the Canyon Communities
 
 
Stay Updated!
house icon http://ocgov.com/gov/bos/3/
envelope icon Todd.Spitzer@ocgov.com
phone icon 714.834.3330
arrow icon View Online Version
 

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