Local Woman's Family Fights to Keep Her Alive

There is a battle for a woman's life in the Fresno County Courts. Janet Rivera(46) had a heart attack back in February 2006 that has left her comatose. Her court-appointed public guardian had filed and succeeded in having all artificial life support, including food and water, removed on July 14, 2008. The family filed for a temporary restraining order and got a new attorney.

I was able to talk to the family's attorney, Brian Chavez-Ochoa, today about the status and some of the facts of the case. There was a hearing at 2pm today. In this hearing it is established that all life sustaining measures are to be taken until a further order. This includes all medicines, food, water and even a respirator if needed. The doctors had actually started Rivera on food and water yesterday evening. There is a trial set to begin next Tuesday for a family member to be established as Janet Rivera's guardian.

Previously Janet Rivera's husband, Jesus Rivera, was her guardian. According to the article I read in the Fresno Bee, it appears that the family is unified in its position to sustain Janet Rivera's life. So I asked Chavez-Ochoa what caused this to move into a public guardian situation and he was unclear. He has only been on this case for 2 days so he isn't familiar with all the background that got us to this point and is unclear as to how this got into the County's hands to begin with. But Chavez-Ochoa was crystal clear on the fact that the family is a unfied force that wants to keep Rivera alive.

If the family loses its case the public guardian will stay and can turn around refile to have Rivera once again taking off all life sustaining measures. This would once again leave her in a position to starve to death.

I am shocked that the County has taken a woman off food and water and this is the first I was hearing of it. I am shocked that this hasn't received the national coverage that the Terry Schiavo. Could it be that Janet Rivera is on Medi-Cal that the county was so quick to act or that the media was so lax to cover it? Is this just further proof that the State doesn't value human life? I mean they took her off all support, food and water and she lived for over a week that way. What kind of humanity can sit by and watch a human suffer that way. Not to mention, maybe her body isn't quite as ready to give out as those consulting doctors thought it was.

So once again I ask, where is the outrage?

Autry: Free Speech or Loose Lips?

So if you read the Fresno Bee you are familiar with the fact that Fresno City and the ACLU/Homeless came to a settlement agreement regarding the when the City executed raids on the homeless encampments. Well, before the settlement could be finalized Fresno Mayor Alan Autry had to slam it.

In a prepared statement released after the settlement was approved Friday, Autry said the city would comply with Wanger's ruling, but he called on the judge to lower the $750,000 in attorney's fees to be paid by the city. Attorneys for the American Civil Liberties Union represented the homeless.

"This white-collar exploitation of the homeless by the court and the lawyers is unconscionable," Autry said. "I am calling upon the ACLU and Judge Wanger to require half of the exorbitant fees of $750,000 to be donated to homeless programs."

So when Judge Wanger threatened to kill the settlement and for Autry to come in and explain his statements some people flipped out a bit. They (including Autry) are claiming the First Amendment right. So did someone tell Autry he couldn't talk and I missed it? First off, the First Amendment right doesn't absolve you of taking responsibility for the words you say. Autry, both directly and as part of the city government, is a party to this suit. So his comment upon the settlement is important. Autry is part of the group who negotiated this settlement (not the Judge at all) and then wants to come out and slam it? The court does have to take a step to make sure that no one is strong armed into a settlement so its examination of Autry and his feelings of victimization are reasonable before a settlement is approved. If Autry thinks that this settlement is exploitive maybe HE shouldn't be part of it and take his chances in court.

Then dealing with the First Amendment argument. This was a prepared statement. It isn't like someone over heard him telling a friend or his wife in a restuarant. This was made as the Mayor and therefore it was spoke as being for the City. Autry, you are the mayor. You are paid to represent the people of Fresno in word and deed. You just want to talk in front of the cameras and it not have any bearing? Just wait until you leave office.

Separately, you realize you can be charged with contempt of court? That is an implication of the fact you are supposed to respect it. Accusing it of exploiting people is not respect.

Technorati Tags: Fresno, CA Alan AutryJudge Oliver Wanger

SJK's Lawyers Awarded $2.5 Million

So now Stacy Johnson-Klein's lawyers have been awarded $2.5 million. There are some very interesting parts in the article in the Fresno Bee such as,

In a four-page ruling, Fresno County Superior Court Judge Donald S. Black said Johnson-Klein lawyers Warren Paboojian, Dan Siegel and Jason Bell should be paid a total of about $1.25 million. Black then doubled the amount, as permitted by law in cases that are particularly time-consuming and complicated.

I thought that fees were negotiated when contracts were signed with the client. Why is this under the judges per view? Judge Black said something about the money the lawyers would have lost out of pocket if Johnson-Klein would have lost the case. Isn't that a risk that lawyers take when choosing cases? Do they deserve to be rewarded based on their financial risk? What about:

Black paid particular attention to the importance that the law attaches to the concept of public value in justifying a multiplier. He said the law frowns on a multiplier for cases that lack such value.

Something else that I find odd is that Judge Black awarded them this but it still seems to be based on Stacey Johnson-Klein getting an award. But is the lawyer's compensation no longer a factor of her reward? Is this in addition to their "cut" of her award? I am puzzled and am going to attempt to find answers somewhere.

Technorati Tags: CSUFresno, Stacy Johnson-Klein

CSUFresno to Appeal Johnson-Klein Ruling

So CSUFresno has decided to try to appeal the ruling for Stacy Johnson-Klein and for Vivas for a new trial. Stacy Johnson-Klein's attorney, Warren Paboojian was on Ray Appleton's show today talking about it. There is also talk that this opens Stacy Johnson-Klein up to appeal the reduction that she agree to. What is shocking is that CSUFresno made this big show about how happy they are to move on from all this. Apparently, while the school said they wanted to pay her off and move on, the school hasn't paid anything nor made an effort to. Paboojian said that he thinks this is coming from higher up than the school, possibly the Chancellor's office in Long Beach. In addition to all lawyer costs but CSU system will have to pay interest on the settlement and opposing counsels fees if the CSU loses the appeal. It takes 18 months to 2 years to decide if the appeal will be granted. Interest on the settlement will accumulate about $80,000 a month. I think that the school doesn't think about that monetary risk because they don't have to pay anything until the appeal is ruled on. That financial risk is on top of the risk of the appeal being granted and CSUF looses big again but this time with out the reduction. Now there is always the chance that CSUF will be exonerated and have to pay nothing but I think the chances of that are very slim. Given their past track record in this area they would have needed to uncover something big on the coaches. Ray Appleton has wondered if this is just ego driven or if they have something new to blow away the opposition.

So how do you think this will effect this new Capitol campaign for CSUFresno? Are you willing to donate to the school now? This will all develop into some interesting blog material.

Technorati Tags: csuf, Stacy Johnson-Klein, Fresno State, Ray Appleton

Johnson-Klein Takes 1/3 Settlement

So Stacy Johnson-Klein took the $6.6 million settlement. But why? One reason of course is the unknown. This jury ruled for her but who knows what another would think. But I don't think that is the real reason, I think she wants to move on. The key is what that means. There was a mention of 2 key things. First, she is going to be an "advocate" for gender equity. But I think the real key is the book she is planning on writing. Yes, it is going to be about her childhood and all that but what will sell books is the lawsuit and her time at CSUFresno. That will be gone if she lost. Also she needs to strike while the iron is hot. Another trial could drag on forever and drown her into anonymity. The other thing is that parties are not usually not allowed to comment on pending cases (and like CSUFresno wouldn't file a gag order if there was a way around it). So maybe she settle for less in hopes of making more. What do you think?