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enterprise THE DAVIS
SUNDAY, FEBRUARY 14, 2021
Vaccine eligibility to expand
Second chances
BY ANNE TERNUS-BELLAMY
Manuel Palacio, upper right, and Yolo Superior Court Judge David Rosenberg, center, listen as Palacio’s wife Beatriz Arizaga, lower center, pleas for his return from Mexico to the United States during a Feb. 3 Zoom court hearing.
Enterprise staff writer
COURTESY PHOTO
‘In the interests of justice,’ Yolo courts open new doors for two men BY LAUREN KEENE
prison to serve a 40-year sentence, his punishment compounded under California’s “three strikes” law due to a prior robbery conviction. Nineteen years later, the Yolo County District Attorney’s Office petitioned the court to recall O’Donnell’s sentence and hand down a lesser term, saying his good conduct and rehabilitative efforts in prison warrant his freedom. “Upon a careful review of the record, the people submit that Mr. O’Donnell can be a productive member of society,” Assistant Chief Deputy District
Enterprise staff writer Life had not been kind to Brian O’Donnell. Raised in a turbulent, abusive household, O’Donnell fell into a bad crowd that introduced him to drugs, alcohol and crime at the young age of 12. He was homeless, jobless and addicted to drugs when he robbed two West Sacramento gas stations in August 2000 to fuel his addiction. Convicted in Yolo Superior Court of two counts of second-degree robbery, O’Donnell went to state
Attorney Melinda Aiello wrote in a motion granted Monday by Judge Timothy Fall. “Further incarceration serves no purpose and is no longer in the interest of justice.” O’Donnell was one of two men given second chances during recent Yolo County court hearings. The other, Manuel Escamilla Palacio, vacated his 1996 nocontest plea to a felony count of furnishing marijuana to a minor, which resulted in his return to his home country of Mexico to avoid immigration proceedings he was not informed of prior to his plea. That action, which the DA’s Office did not oppose, now allows Palacio to petition for re-entry into the United States
and reunite with his wife and adult stepchildren. “It is one of the finest examples of prosecutorial discretion that I have seen in my 18 years as a practicing attorney and deserves to be recognized by the community,” David Pfaff, Palacio’s attorney, wrote in a Davis Enterprise letter to the editor.
Terms reconsidered The DA’s Office requested O’Donnell’s reduced sentence under Penal Code 1170, which authorizes prisons and courts to recommend revised sentences in the interest of justice. Assembly Bill 2942, enacted in 2018, expanded that authority to
SEE CHANCES, PAGE A8
CDC advice on schools echoes county health officer’s BY ANNE TERNUS-BELLAMY
school sports would currently be allowed in Yolo County, but elementary schools could be open in a SISSON hybrid format In sync with universal masking and 6 feet or more of distancing between students. Additionally, the CDC report said, “access to vaccination should not be considered a condition for reopening schools for in-person instruction.”
Enterprise staff writer New guidance released Friday by the Centers for Disease Control and Prevention on when schools should reopen and high school sports resume largely reinforce the recommendations of Yolo County’s health officer. Dr. Aimee Sisson on Tuesday urged elementary schools to reopen for in-person instruction but cautioned that high school sports where athletes are in close contact remain risky. Under the framework unveiled by the CDC, no high
VOL. 124, NO. 20
INDEX
Sisson last week encouraged schools to resume in-person instruction for students in transitional kindergarten through sixth grade, saying it would be safe with layers of protection, including masking, distancing and use of cohorts, and can be done without teachers being vaccinated — something many local teachers, who would be in those classrooms, have disagreed with. Sisson also cautioned against resumption of high school sports. Like the state has been doing for months, the CDC used a color-coded, tier-based system
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‘True Conviction’ features Marsh murder case BY LAUREN KEENE Enterprise staff wrter
that bases the scope of school reopening on two key epidemiological metrics in the community: the number of cases and the test positivity rate. The CDC system places in its most restrictive red tier all schools in communities where there are more than 100 total new cases per 100,000 residents over the past seven days. Yolo County, which reported 331 new cases over the last seven days — or about 150 per 100,000 residents — would currently fall in that “high
A Davis double-homicide case is the focus of a true-crime program slated to air Wednesday on the Investigation Discovery channel. “True Conviction” explores the story of Daniel Marsh, the then 15-year-old Davis High School student who brutally stabbed local couple Oliver “Chip” Northup and Claudia Maupin in the bedroom of their Cowell Boulevard condominium in April 2013, leaving no shred of identifying evidence behind. “A True Psychopath” is scheduled to air at 10 p.m. local time and features interviews with Victoria
SEE ADVICE, PAGE A4
SEE MARSH, PAGE A8
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SEE ELIGIBILITY, PAGE A4
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Beginning March 15, the pool of California residents eligible to receive the COVID-19 vaccine will be expanded to include individuals ages 16 to 64 deemed to be at highest risk of death from the virus. That includes people with severe and high-risk developmental disabilities as well as those with certain severe underlying health conditions. Currently, vaccines are limited to people in Phase 1A (health care workers and residents of longterm-care facilities) and Phase 1B, Tier 1 (those over 65 and essential workers in education and childcare, food and agriculture and emergency services). However, counties have discretion in how they prioritize vaccines and Yolo County is currently only vaccinating residents 65 and over, a process that may take many more weeks. It remains unclear just how large the pool of eligible individuals will be come March 15 and whether this new group announced Friday will be competing for vaccines with a large group of essential workers, given the ongoing scarcity of vaccines.
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