Monday, April 20, 2015
FAIRFIELD-SUISUN, CALIFORNIA
99 CENTS

Appeals court refuses to dismiss judge in homicide case

By
From page A9 | March 22, 2014 |

FAIRFIELD — The Solano County District Attorney’s Office lost its bid Friday to get a judge removed from a murder case that has been embroiled in controversy related to the doctor who conducted most of the autopsies in Solano County homicide cases since 2008.

The Court of Appeal faulted prosecutors for not following the law, saying they should have taken their bid to recuse Judge Daniel Healy to another Solano County court instead of taking it to the Court of Appeal. The appellate court then rejected the recusal effort.

“. . .(B)ased on a review of the record, in particular the transcripts of the relevant hearings, the court concludes as a matter of law that the statements by Judge Healy cited by petitioner, when read in context, do not rise to a level requiring disqualification.”

Prosecutors accused Healy of showing bias at recent hearings about the coroner controversy and for “repeatedly offering gratuitous opinions” about the coroner controversy before hearing testimony in the case of Michael Daniels.

Daniels is accused of killing his girlfriend in 2012 while they were staying at a Vallejo hotel. Police and prosecutors believe Daniels suffocated his girlfriend. Daniels’ defense attorneys claim she suffocated in her own vomit after drinking heavily and passing out.

Prosecutors took exception at Healy characterizing their meeting with Susan Hogan, who did the autopsy, as an effort to get her to change her opinion about the cause of death.

“In this case,” Healy said, “the records suggest that the members of the prosecution and law enforcement met with Dr. Hogan in an effort to cause her to change her opinion, then (had her testify) at preliminary hearing to support the murder charge without disclosing or providing discovery regarding this meeting to the defense.”

The trial is set to start Monday.

Reach Jess Sullivan at 427-6919 or [email protected] Follow him on Twitter at www.twitter.com/jsullivandr.

Jess Sullivan

Jess has covered the criminal justice system in Solano County for several years. He was an embedded reporter in Iraq in 2003.
LEAVE A COMMENT

Discussion | 4 comments

The Daily Republic does not necessarily condone the comments here, nor does it review every post. Read our full policy

  • General Fadi BasemMarch 21, 2014 - 10:11 pm

    Just this afternoon received my first campaign mail for the June election. It was from the duBain crew. I reminded me of the hit pieces that were sent out to tell the voters how their houses were gonna burn to the ground if they didn't vote to spend more of their tax money to pay off the cops and firemen, back a couple of years ago. This is gonna be a fun election. KA4DA

    Reply | Report abusive comment
  • The MisterMarch 22, 2014 - 7:53 am

    Opps! Now the wheels are falling off the cover-up machine. The exposure of at least some of the corruption of the DA's Office and the Sheriff's Office can move forward. Let's see what the next move is... probably something that delays further exposure until after the upcoming election. Hang tough, Dan Healy. The voters need more truth BEFORE the election. Justice delayed is justice denied!!!

    Reply | Report abusive comment
  • KA4DAMarch 22, 2014 - 11:10 am

    I've known Dan Healy for a long time. He is about doing the right thing, because it's the right thing to do. He has the courage it takes to be a judge and I'm proud to call him my friend. Don duBain is clueless. Every step he takes happens to land in dog s**t. He was useless as a prosecutor and even worst as a DA. He ran unopposed and only won because he has money. His character, well he had an affair with his best friends wife, then married her. Those kids he has in his campaign photos, those aren't his, they are the children of his former best friend. He condoned cover up, then tried to cover up the cover up. He has been chastised by a judge this week for trying to prohibit the court (illegally) from providing transcripts of his chief deputies testimony, where they blame County Counsel and County Counsel refused to accept blame. Now he moves to recuse the judge who refused to "be a good ol boy" and keep the cover up covered up. The DA is the most powerful person in the county. Is Don duBain really the person you want to have all that power. I say give Krishna Abrams a shot. She's earned it AND will shake things up in that office. Everyday you read about people found not guilty. Either innocent people are being prosecuted or the prosecutors are ineffective.

    Reply | Report abusive comment
.

Solano News

 
Residents roll dice for scholarship dollars

By Amy Maginnis-Honey | From Page: A1 | Gallery

 
Speaking event set to motivate students

By Susan Winlow | From Page: A3

 
Pet adoptions popular at home, garden show

By Amy Maginnis-Honey | From Page: A3

 
Celebrate Rush Ranch’s 25th annual open house

By Susan Hiland | From Page: A3

Standalone: Egrets move into Dover Park

By Steve Reczkowski | From Page: A3, 6 Comments | Gallery

 
Jelly Belly to celebrate National Jelly Bean Day

By Susan Hiland | From Page: A3

 
Local government to conduct public’s business

By Susan Hiland | From Page: A4

Nonprofits don’t tap into beer garden offer

By Amy Maginnis-Honey | From Page: A4, 2 Comments

 
Fairfield police log: April 18, 2015

By Glen Faison | From Page: A9

 
Suisun City police log: April 18, 2015

By Glen Faison | From Page: A9

Biz Buzz: Watson makes partner at law firm

By Susan Hiland | From Page: A10

 
Biz Buzz: Visit Vacaville announces tourism dinner

By Kevin W. Green | From Page: A10

Biz Buzz: Retail space sells in Dixon

By Susan Hiland | From Page: A10

 
Weather for Monday, April 20, 2015

By Daily Republic staff | From Page: B12

.

US / World

 
California delta smelt survey turns up only 1 fish

By The Associated Press | From Page: A1, 4 Comments

Officials: Cooking fire started California wildfire

By The Associated Press | From Page: A4

 
Pill-taking can be less yucky for kids, study review finds

By The Associated Press | From Page: A5

Empty chairs honor 168 victims of Oklahoma City bombing

By The Associated Press | From Page: A5

 
Reagan shooter finds rejection, indifference in future home

By The Associated Press | From Page: A6

 
Tank named “Beautiful Bulldog” in Iowa contest

By The Associated Press | From Page: A7

Video: Islamic State kills Ethiopian Christians in Libya

By The Associated Press | From Page: A7

 
Report: Kuwait discovers 4 new oil fields in kingdom

By The Associated Press | From Page: A7

Survivor: Smugglers locked hundreds in hold of capsized boat

By The Associated Press | From Page: A7

 
.

Living

Community Calendar: April 20, 2015

By Susan Hiland | From Page: A2

 
Today in history: Monday, April 20, 2015

By The Associated Press | From Page: A2

 
Horoscopes: April 20, 2015

By Holiday Mathis | From Page: B6

Randall: When mothers need to pray for themselves

By Sharon Randall | From Page: B8

 
Horoscopes: April 21, 2015

By Holiday Mathis | From Page: B8

.

Entertainment

TVGrid

By Daily Republic Syndicated Content | From Page: A10

 
TVGrid

By Daily Republic Syndicated Content | From Page: A11

Lambert wins 4, but Luke Bryan take top prize at ACM Awards

By The Associated Press | From Page: A11

 
Bobby Brown tells concert goers his ailing daughter is awake

By The Associated Press | From Page: A11

Select winners from the 50th annual ACM Awards

By The Associated Press | From Page: A11

 
‘Furious 7′ speeds ahead of the competition

By The Associated Press | From Page: A11

.

Sports

Athletics furious after 4-2 loss and 5 Royals’ ejections

By The Associated Press | From Page: B1 | Gallery

 
Pelicans’ Tyreke Evans questionable for Game 2 vs. Warriors

By The Associated Press | From Page: B1

Pelicans’ Anthony Davis more comfortable heading into Game 2

By The Associated Press | From Page: B1 | Gallery

 
Matt Kenseth ends 51-race drought with win at rainy Bristol

By The Associated Press | From Page: B1 | Gallery

 
Slumping Giants drop 9th in 10 games, 5-1 to Diamondbacks

By The Associated Press | From Page: B1

Djokovic beats Berdych in Monte Carlo Masters final

By The Associated Press | From Page: B2

 
AP Sources: Tim Tebow expected to sign with Eagles on Monday

By The Associated Press | From Page: B2

Sei Young Kim holes out from fairway to win in Hawaii

By The Associated Press | From Page: B2

 
Volvo Ocean Race fleet sets out on 6th leg toward US

By The Associated Press | From Page: B2

Thailand’s Kiradech wins Shenzhen in playoff

By The Associated Press | From Page: B2

 
For Boston winner Meb Keflezighi, a year of thanks

By The Associated Press | From Page: B2 | Gallery

Browne wins rain-shortened Greater Gwinnett Championship

By The Associated Press | From Page: B2

 
Jim Furyk tops Kevin Kisner in playoff to win RBC Heritage

By The Associated Press | From Page: B2 | Gallery

Hamilton wins Bahrain GP ahead of Raikkonen and Rosberg

By The Associated Press | From Page: B2

 
Toronto GM Masai Ujiri and team fined for expletive

By The Associated Press | From Page: B2

Can Bryant live up to expectations as next rookie star?

By The Associated Press | From Page: B2

 
Ohio State’s Ezekiel Elliott wins AAU Sullivan Award

By The Associated Press | From Page: B2

Scott Dixon wins Grand Prix of Long Beach

By The Associated Press | From Page: B2

 
Grizzlies never trail, rout Trail Blazers 100-86 in Game 1

By The Associated Press | From Page: B3 | Gallery

Korver scores 21, Hawks hold off pesky Nets 99-92 in Game 1

By The Associated Press | From Page: B3 | Gallery

 
“Big 3″ lead Cavaliers past Celtics 113-100 in Game 1

By The Associated Press | From Page: B3 | Gallery

For Pelicans and Bucks, there were lessons in Game 1 losses

By The Associated Press | From Page: B3

 
CP3, Griffin lead Clippers past Spurs 107-92 in opener

By The Associated Press | From Page: B3

 
This date in sports history for April 20

By The Associated Press | From Page: B4

.

Business

Researcher denied flight after tweet poking United security

By The Associated Press | From Page: A10

 
.

Obituaries

Dennis Burkhart von Ting

By Nancy Green | From Page: A4

 
Frances Bayona Lozano

By Nancy Green | From Page: A4

.

Comics

Dilbert April 20

By Daily Republic Syndicated Content | From Page: B5

 
Garfield April 20

By Daily Republic Syndicated Content | From Page: B5

B.C. April 20

By Daily Republic Syndicated Content | From Page: B5

 
For Better or Worse April 20

By Daily Republic Syndicated Content | From Page: B5

Rose is Rose April 20

By Daily Republic Syndicated Content | From Page: B5

 
Bridge April 20

By Daily Republic Syndicated Content | From Page: B5

Wizard of Id April 20

By Daily Republic Syndicated Content | From Page: B5

 
Baldo April 20

By Daily Republic Syndicated Content | From Page: B5

Beetle Bailey April 20

By Daily Republic Syndicated Content | From Page: B5

 
Baby Blues April 20

By Daily Republic Syndicated Content | From Page: B5

Frank and Ernest April 20

By Daily Republic Syndicated Content | From Page: B5

 
Get Fuzzy April 20

By Daily Republic Syndicated Content | From Page: B5

Blondie April 20

By Daily Republic Syndicated Content | From Page: B5

 
Pickles April 20

By Daily Republic Syndicated Content | From Page: B5

Sally Forth April 20

By Daily Republic Syndicated Content | From Page: B5

 
Zits April 20

By Daily Republic Syndicated Content | From Page: B5

Peanuts April 20

By Daily Republic Syndicated Content | From Page: B6

 
Sudoku April 20

By Daily Republic Syndicated Content | From Page: B6

Cryptoquote April 20

By Daily Republic Syndicated Content | From Page: B6

 
Crossword April 20

By Daily Republic Syndicated Content | From Page: B6

Word Sleuth April 20

By Daily Republic Syndicated Content | From Page: B6

 
Peanuts April 21

By Daily Republic Syndicated Content | From Page: B7

B.C. April 21

By Daily Republic Syndicated Content | From Page: B7

 
Rose is Rose April 21

By Daily Republic Syndicated Content | From Page: B7

Wizard of Id April 21

By Daily Republic Syndicated Content | From Page: B7

 
Blondie April 21

By Daily Republic Syndicated Content | From Page: B7

Frank and Ernest April 21

By Daily Republic Syndicated Content | From Page: B7

 
Beetle Bailey April 21

By Daily Republic Syndicated Content | From Page: B7

Baldo April 21

By Daily Republic Syndicated Content | From Page: B7

 
Baby Blues April 21

By Daily Republic Syndicated Content | From Page: B7

Zits April 21

By Daily Republic Syndicated Content | From Page: B7

 
For Better or Worse April 21

By Daily Republic Syndicated Content | From Page: B7

Pickles April 21

By Daily Republic Syndicated Content | From Page: B7

 
Dilbert April 21

By Daily Republic Syndicated Content | From Page: B7, 1 Comment

Get Fuzzy April 21

By Daily Republic Syndicated Content | From Page: B7

 
Sally Forth April 21

By Daily Republic Syndicated Content | From Page: B7

Garfield April 21

By Daily Republic Syndicated Content | From Page: B7

 
Sudoku April 21

By Daily Republic Syndicated Content | From Page: B8

Crossword April 21

By Daily Republic Syndicated Content | From Page: B8

 
Cryptoquote April 21

By Daily Republic Syndicated Content | From Page: B8

Word Sleuth April 21

By Daily Republic Syndicated Content | From Page: B8