ACLU, D.A. Rackauckas to face off in federal court

ACLU, D.A. Rackauckas to face off in federal court

RACHANEE SRISAVASDI
THE ORANGE COUNTY REGISTERNext Article »30

The American Civil Liberties Union will face off with Orange County District Attorney Tony Rackauckas in federal court Tuesday, alleging that the elected official committed an egregious abuse of government power by seeking a gang injunction.
At issue is a state court gang injunction approved by Orange County Superior Court Judge Kazuharu Makino in May 2009 aimed at about 80 alleged members of the Orange Varrio Cypress Street gang. It prohibits them from associating with one other, wearing gang clothing or being out between 10 p.m. and 5 a.m.

Pictured above 2 enemies of the state:
Hector Villagra, director of the Orange County ACLU office, and staff attorney Belinda Escobosa Helzer are two of the attorneys handling the case

The ACLU sued Rackauckas and Orange Police Chief Robert Gustafson in September 2009 over the injunction, claiming the law enforcement agencies violated individuals' due process rights by seeking the injunction without giving individuals a fair hearing.
The nonprofit organization, which seeks to keep Rackauckas and Gustafson from enforcing the court order, also accuses prosecutors of selectively dismissing injunctions against individuals whose cases drew scrutiny from Makino but pursuing injunctions for defendants who never showed up in court to challenge the order, according to the group's trial brief filed last week.
"Defendants did not adhere to their obligations as public officials to act fairly, seek justice and uphold the Constitution,'' wrote ACLU attorney Belinda Escobosa Helzer.
Prosecutors stand by the injunction. Norman Watkins, a private attorney who represents the Orange County District Attorney's Office, said the injunction has made Orange a safer city.
"In wake of the Superior Court's anti-gang injunction, crime is down,'' Watkins wrote in a trial brief filed last week. "The neighborhood's quality of life has improved. And (the gang's) once-pervasive influence has markedly diminished."
Watkins also said prosecutors are only required to give notice but not required to give an individual a "pre-service hearing," before issuing an injunction.
"(The) plaintiff's federal case should be recognized as what it is – a backhanded attempt to 'appeal' a Superior Court order with which they disagree, without ever appearing in front of the state court judge who actually issued the order,'' Watkins wrote.
Rackauckas won the first round in the legal battle in November, when U.S. District Judge Valerie Baker Fairbank denied the ACLU's motion for a preliminary injunction. Fairbank will be presiding over the monthlong trial, which will be held in Los Angeles.
Contact the writer: 714-834-3773 or rsrisavasdi@ocregister.com

17 Comments

3 years 49 weeks ago, 11:45 AM

Larry Wagner

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What a bunch of low life pieces of @%$#. I think the gangs & criminals pay there wages.

Any day above dirt is a good day!!! My New Motto: Where Do I Sign? (Oh yes I would)
3 years 49 weeks ago, 11:53 AM

samD

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The ACLU (All Communist Lawyers Union) are reimbursed from the US Gubbermint (read us citizens) for defending these creeps. Makes ya want to do something doesn't it!

3 years 49 weeks ago, 12:02 PM

Larry Wagner

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Sam

U bet it DOES!!!! Hey, I wonder if they would help us out, in a case against illegals being here??
Yea, I know, Shut up & go take your med's Larry.

Any day above dirt is a good day!!! My New Motto: Where Do I Sign? (Oh yes I would)
3 years 49 weeks ago, 12:14 PM

HKBauer

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Larry

They would take the illegals side without a doubt, saying we are "Lone Wolf" vigilantes who gunned down a person who is only trying to better there life....We would get 25-life and the family would get automatic citizenship a million dollars and no taxes for life. Wish I could say i just joking.

3 years 49 weeks ago, 12:15 PM

samD

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very anti gun... Isn't that discrimanatory.

3 years 49 weeks ago, 12:22 PM

Larry Wagner

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Well, if

We cant jail them, how about using them for target practice? I always did like a moving target drill?? Hey, at least that way they would be worth something?? I know, I know, Shut up Larry!!

Any day above dirt is a good day!!! My New Motto: Where Do I Sign? (Oh yes I would)
3 years 49 weeks ago, 12:18 PM

Larry Wagner

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I agree with ya R3

100 % Adam. I told my wife that maby we should renounce our US citizen ship & go to Mexico or Canada, then sneak back across the border into the USA then we could live like kings & get our asses kissed?? Yea I know, I'm not buying it either???????

Any day above dirt is a good day!!! My New Motto: Where Do I Sign? (Oh yes I would)
3 years 49 weeks ago, 12:27 PM

Larry Wagner

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to the bottom part, New forums stuff???????

Any day above dirt is a good day!!! My New Motto: Where Do I Sign? (Oh yes I would)
3 years 49 weeks ago, 12:29 PM

manu2014

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Mines gone too

Disappearing Forums - ah Penthouse Forum...

Rather than love, than money, than fame, give me truth. Thoreau
3 years 49 weeks ago, 12:30 PM

Larry Wagner

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SAM!!!!

Is Ebear hear? Our bottom parts are gone????

Any day above dirt is a good day!!! My New Motto: Where Do I Sign? (Oh yes I would)
3 years 49 weeks ago, 12:31 PM

manu2014

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Good one Larry

Where is he BTW? I have been waiting for him to comment on Aces pic.

Rather than love, than money, than fame, give me truth. Thoreau
3 years 49 weeks ago, 12:39 PM

Larry Wagner

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Outside I go, See ya all in the after while.

Any day above dirt is a good day!!! My New Motto: Where Do I Sign? (Oh yes I would)
3 years 49 weeks ago, 2:23 PM

manu2014

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Bits & Pieces missing

Looks like the user info at the bottom is missing as well. ebear now has our sides and bottoms.

Rather than love, than money, than fame, give me truth. Thoreau
3 years 49 weeks ago, 2:27 PM

HampsterW

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My motto......

"If it ain't broke, fix it 'till it is"........seems to apply here........I trust this will get better and not worse!

Change you can truly believe in comes from the barrel of a gun---------------------------------------------------------------------------------Ron Paul 2012----Vote the bastards out!---------------------------------
3 years 49 weeks ago, 3:11 PM

manu2014

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Kawasaki

At least the Kaw add isn't in the way.

Rather than love, than money, than fame, give me truth. Thoreau
3 years 49 weeks ago, 3:34 PM

HampsterW

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There is barely anything left to be in the way of, no who's on, no posts....Like greg mentioned above.

Change you can truly believe in comes from the barrel of a gun---------------------------------------------------------------------------------Ron Paul 2012----Vote the bastards out!---------------------------------
3 years 49 weeks ago, 5:09 PM

ecaman

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Quinton, Marvin

What the hell has happened? The bottom part of what used to be the site picture is gone. We don't know the active users. We don't see the Forum Topics. We don't have the Comments and Posts laid out the way they were. Please change it back!

If you pick up a starving dog and make him prosperous, he will not bite you. This is the principal difference between a dog and a man. (Mark Twain).
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Posted by: samD
3 years 49 weeks ago
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