Roses & raspberries

By: The Californian Opinion Staff | Thursday, February 1, 2007 8:14 PM PST ∞

A rose ---- the "Let Judges Judge" award ---- to state Sen. Gloria Romero for a bill she introduced quickly last week in response to a U.S. Supreme Court ruling, that would help make judges judges again. Gradually over the past few decades, judges around the country have slowly had their discretion stripped from them by state legislatures ---- and Congress ---- via mandatory sentencing laws, also known as "determinate" sentencing laws.

Those laws are often passed in response to some perceived leniency at the hands of judges or are part of an overall tough-on-crime bent. The result has been to strip practically every bit of judicial discretion from the people we put in charge of meting out justice.

The Supreme Court overruled the California law that gave judges three options of sentences for a crime and judges picked from Column A, B or C, depending on whether there were mitigating or aggravating circumstances. The court didn't say that aspect of the law was unconstitutional ---- it said judges couldn't use aggravating circumstances that juries hadn't heard ---- but it nevertheless gave the state a chance to rectify a bad situation.

Under Romero's bill, the higher and lower sentences become bookends to a range that judges get to choose from in sentencing criminals. While that's an incomplete solution, it's a start. We pay judges a lot of money to use their best legal judgment. If all we really want is sentencing clerks to look at a chart and determine a sentence, we could save a lot of money.

A raspberry ---- the "Impartiality Is Overrated" award ---- to Riverside County Superior Court Judge Michael Hider for refusing to remove himself from a case in which he has already declared his opinion on one key piece of the prosecution's case.

The district attorney's office is trying a San Diego man on charges that he is a convicted felon in possession of ammunition, and is alleging that he is a member of a criminal street gang ---- the Hell's Angels ---- a charge that would add time to any sentence he might get if convicted. But Hider has already declared that he doesn't believe the Hell's Angels is a gang, undercutting the prosecution's case. Whether it is a gang or not, under the state's criminal definitions, is a matter the prosecutors should be allowed to present at trial, but Hider has pretty much eliminated that option with his declaration.

The matter will now move to the next level ---- an impartial judge will have to rule on the question. Hider should acknowledge the impropriety of his comments and save everyone the time, trouble and cost by handing off the case to another judge.

A rose ---- the "Good Choice" award ---- to the Murrieta City Council for picking former Temecula City Manager Ron Bradley to guide the city after the sudden departure of Lori Moss. While we still question the motives of the council in sending Moss packing, the council made a good choice in picking the highly competent and personable Bradley to fill the interim role.

Bradley is well-known in the community and has moved quickly to quiet the uproar at City Hall. It's particularly noteworthy that no one on the council gave a second thought to the fact that Bradley was one of the leading opponents of the council recall effort two years ago, a recall that three of the current council members supported.

"It's old news," Councilman Rick Gibbs told him.

How long Bradley's tenure lasts is anyone's guess at this point, but because he has already declared himself not to be in the running for the permanent post, he can go about the job without having to look over his shoulder and not fear offending any council members. That should go a long way toward helping put the city back on a good course.

A rose ---- the "Cross-Border Cooperation" award ---- to Mexican police and the U.S. Marshals Service for helping capture a man believed to have killed a Murrieta soldier home on leave more than a year and a half ago. Fabian Urrea, 21, of Mead Valley, was found and arrested last week at his job in a motorcycle shop in Sinaloa, Mexico, where he had fled after allegedly shooting Jorge Estrada.

Estrada, a National Guard specialist, had been home on leave to visit his wife, Diana, who just had a baby. But Urrea, Diana Estrada's former boyfriend, came to the couple's apartment complex to see the baby girl he believed was his, and an argument over custody ensued. Urrea allegedly fired three shots at point-blank range, killing Jorge Estrada.

All too often criminals are able to flee into Mexico and escape prosecution, but in this case the efforts of authorities on both sides of the border have helped ensure justice will be possible.

First name only. Comments including last names, contact addresses, e-mail addresses or phone numbers will be deleted. Attempts to misrepresent your identity or impersonate any person will not be approved. All comments are screened before they appear online, so please keep them brief. Comments reflect the views of those commenting and not necessarily those of the North County Times or its staff writers. Click here to view additional comment policies.