Please ensure Javascript is enabled for purposes of website accessibility
What Do Top Fresno Attorneys Say About Arambula Trial?
David Website Replacement
By David Taub, Senior Reporter
Published 6 years ago on
April 19, 2019

Share

Joaquin Arambula goes on trial next week. His freedom and his political career hang in the balance.
The Fresno assemblyman faces one misdemeanor count of child cruelty stemming from an incident involving his young daughter. Arambula said he disciplined the then 7-year old with a spanking. Investigators say there is more to the story.
His trial begins Tuesday in Judge Gary Orozco’s courtroom.

“I can’t think of another court case that’s been prosecuted with such a minor injury.” — Fresno attorney Butch Wagner
Defense attorneys Michael Aed and Margarita Martinez-Baly have accused District Attorney Lisa Smittcamp, a Republican, of playing politics by prosecuting Arambula, a Democrat.
Smittcamp’s top assistant, Steve Wright, is prosecuting the case.

Motivation for Prosecution Questioned

Butch Wagner, a well-known Fresno attorney with multi-million dollar verdicts on his resume, is not involved in the Arambula case. But he questions the motivation behind the prosecution.
“I can’t think of another court case that’s been prosecuted with such a minor injury,” Wagner said. “I think it’s very unusual.”

Attorneys for Assemblyman Joaquin Arambula — Michael Aed (left) and Margarita Martinez-Baly (right) — speak to the media following arraignment at Fresno Superior Court “M” Street Courthouse on March 13, 2019 (GV Wire/Jahz Tello)
Police arrested Arambula on Dec. 10 after school officials alerted Child Protective Services about an injury to Arambula’s daughter. He was later cited and released.
CPS took custody of the Arambulas’ three children before returning them two days later.
In interviews with the media, including GV Wire, Arambula insisted he just spanked his daughter’s backside. Fresno Police Chief Jerry Dyer contradicted that statement but didn’t specify where the injury occurred.

The Art of Jury Selection

If there is no plea bargain or other settlement, Arambula’s fate will rest with the trial jury.

Attorney Butch Wagner
Wagner offered ideas of what each side might look for during jury selection.
“(The defense would) want to stay away from people who are politically adverse to Mr. Arambula, which would be ardent Republicans,” Wagner said. “If you are the prosecution, you probably want ardent Republicans on the jury.”
Arambula was first elected to the Assembly in 2016. He took a leave of absence last month after the DA’s office moved forward with the case.
Normally, Wagner says, questions to jurors about their political affiliation are not allowed. He said they could be in this case because of the relevance to a sitting assemblyman on trial.
If the judge prohibits those questions, there are other ways to figure it out, Wagner says.
“First, you find out what type of job they’re in. A lot of times, that tells you.”
Wagner said he would also probe their feelings about high jury awards. Those who feel awards are often excessive are usually conservative, he said.

Pre-Trial Publicity and Fairness

Attorney Galatea DeLapp
Galatea DeLapp practices criminal and civil defense law in Fresno and also works as a jury consultant. She cut her teeth under legendary Fresno defense attorney, the late Ernest Kinney.
She says pre-trial publicity will have an impact on picking the jury.
“You have to make sure that the juror isn’t so prejudiced from the beginning … the line of questioning is really going to revolve around the amount of publicity they have heard one way or the other … and if they have formed a conclusion based on that publicity,” DeLapp said.
DeLapp said if a prospective juror says they can still be fair, they can’t be eliminated for political bias.
How can the jury-picking attorneys tell?
“You can observe that juror and the discussion going on. If you are skilled at it, you can have some clues as to whether that’s completely accurate or not,” she said.
Wagner and DeLapp speculate that if it weren’t for Arambula’s political position, this case wouldn’t be going to trial.

Jurors Views on Corporal Punishment

The jury’s thoughts on corporal punishment could also play a role in the outcome.

Judge Gary Orozco will preside over the trial.
“A lot of people think that one of the reasons that a lot of kids are misbehaving when they become adults is they weren’t properly disciplined as children,” Wagner said. Those are the type of jurors the defense would want in this case.
“The prosecution would probably want parents who tend to coddle their kids, and overprotect them, and live vicariously through them.”
Wagner says he would also ask jurors if they ever spanked their children, or if they were spanked when they were young.
“From there, you can learn a lot about where these people are going to be at the end of the case,” Wagner said.
“That’s going to be a tough call for the prosecution to put a 7-year-old girl up there to testify against her father. That would be traumatic in and of itself. If I’m the prosecutor, I don’t prosecute for that reason alone.” — Attorney Butch Wagner
DeLapp says screening jurors with permissive views on corporal punishment could benefit Arambula.
“If doing something that kind of harkens back to when people were growing up in the 50s and 60s where there was a completely different standard on how you discipline your child, you might be looking for some older jurors,” she said.
She warned though, older jurors may have other biases.
Wagner predicts a jury pool of 60-100 to be called for the trial. Judge Orozco will conduct the first round of screening, asking about hardships and biases.
Each side’s attorneys would then be able to challenge jurors for cause, or use up to six peremptory challenges for any reason they choose.
Deputy D.A. Steve Wright

Will Arambula’s Daughter Take the Stand?

Wagner says the case could hinge on whether Arambula’s daughter testifies.
“That’s going to be a tough call for the prosecution to put a 7-year-old girl up there to testify against her father. That would be traumatic in and of itself. If I’m the prosecutor, I don’t prosecute for that reason alone,” Wagner said.
Wright said that he is still preparing for trial and has not made any final decisions.
Wagner says that without the daughter’s testimony, “the prosecution doesn’t have a case.”
DeLapp, meanwhile, says putting the daughter on the stand would be disastrous.
“It’s going to look terrible to the jury,” she said.
A way around that, DeLapp said, is to use pictures to show the jury.

Wagner’s Prediction

Wagner says if the case goes to the jury — there’s always a chance of a plea bargain — Arambula will prevail.
“I can’t imagine … Dr. Arambula being found guilty on this. I just don’t see it happening,” Wagner said.

DON'T MISS

Newsom Gaslights on Potential Gas Price Hikes in Fresno Visit

DON'T MISS

Automakers to Trump: Please Require Us to Sell Electric Vehicles

DON'T MISS

President Biden Welcomes 2024 NBA Champion Boston Celtics to White House

DON'T MISS

Ohtani Makes History With 3rd MVP, Judge Claims 2nd AL Honor

DON'T MISS

Trump Chooses Pam Bondi for Attorney General Pick After Gaetz Withdraws

DON'T MISS

Average Rate on a 30-Year Mortgage in the US Rises to Highest Level Since July

DON'T MISS

Cutting in Line? American Airlines’ New Boarding Tech Might Stop You at Now Over 100 Airports

DON'T MISS

MLB Will Test Robot Umpires at 13 Spring Training Ballparks Hosting 19 Teams

DON'T MISS

Death Toll in Gaza From Israel-Hamas War Passes 44,000, Palestinian Officials Say

DON'T MISS

Jussie Smollett’s Conviction in 2019 Attack on Himself Is Overturned

UP NEXT

Fresno Council Lowers Speed Limits on Friant and Audubon

UP NEXT

Fresno Doctors Will Pay $2.4 Million to Settle Kickback Allegations, DOJ Says

UP NEXT

These Fresno Schools Are Unsafe and in Bad Condition. And No One Is Complaining

UP NEXT

What Will Happen to CNBC and MSNBC When They No Longer Have a Corporate Connection to NBC News?

UP NEXT

Bulldogs Stack Double-Doubles Like Burgers on a Plate to Beat Prairie View

UP NEXT

Major Storm Drops Record Rain, Downs Trees in Northern California After Devastation Further North

UP NEXT

Fresno County Men Arrested in Armed Robbery Near Sanger High, Sanger Academy

UP NEXT

Newsom Heads to Fresno, a County That Voted for Trump

UP NEXT

Conservative Professors and Students Are Beating CA Community Colleges in Court

UP NEXT

Suspect Arrested After Oakhurst Crime Spree Leaves K9 Injured

David Taub,
Senior Reporter
Curiosity drives David Taub. The award-winning journalist might be shy, but feels mighty with a recorder in his hand. He doesn't see it his job to "hold public officials accountable," but does see it to provide readers (and voters) the information needed to make intelligent choices. Taub has been honored with several writing awards from the California News Publishers Association. He's just happy to have his stories read. Joining GV Wire in 2016, Taub covers politics, government and elections, mainly in the Fresno/Clovis area. He also writes columns about local eateries (Appetite for Fresno), pro wrestling (Off the Bottom Rope), and media (Media Man). Prior to joining the online news source, Taub worked as a radio producer for KMJ and PowerTalk 96.7 in Fresno. He also worked as an assignment editor for KCOY-TV in Santa Maria, California, and KSEE-TV in Fresno. He has also worked behind the scenes for several sports broadcasts, including the NCAA basketball tournament, and the Super Bowl. When not spending time with his family, Taub loves to officially score Fresno Grizzlies games. Growing up in the San Francisco Bay Area, Taub is a die-hard Giants and 49ers fan. He graduated from the University of Michigan with dual degrees in communications and political science. Go Blue! You can contact David at 559-492-4037 or at Send an Email

Ohtani Makes History With 3rd MVP, Judge Claims 2nd AL Honor

1 hour ago

Trump Chooses Pam Bondi for Attorney General Pick After Gaetz Withdraws

2 hours ago

Average Rate on a 30-Year Mortgage in the US Rises to Highest Level Since July

2 hours ago

Cutting in Line? American Airlines’ New Boarding Tech Might Stop You at Now Over 100 Airports

2 hours ago

MLB Will Test Robot Umpires at 13 Spring Training Ballparks Hosting 19 Teams

2 hours ago

Death Toll in Gaza From Israel-Hamas War Passes 44,000, Palestinian Officials Say

3 hours ago

Jussie Smollett’s Conviction in 2019 Attack on Himself Is Overturned

3 hours ago

Fresno Council Lowers Speed Limits on Friant and Audubon

3 hours ago

How About an Honest Conversation About the Range of Light Monument Proposal?

4 hours ago

UConn Coach Geno Auriemma Breaks NCAA Wins Record With 1,217th Victory

5 hours ago

Newsom Gaslights on Potential Gas Price Hikes in Fresno Visit

Gov. Gavin Newsom in a stop Thursday in Fresno defended the recent actions of his air board, saying he takes “pride” in new clim...

26 minutes ago

26 minutes ago

Newsom Gaslights on Potential Gas Price Hikes in Fresno Visit

President Joe Biden with Mary Barra, the chief executive of General Motors, at the Detroit Auto Show, Sept. 14, 2022. President-elect Donald Trump has promised to erase the Biden administration’s tailpipe rules designed to get carmakers to produce electric vehicles, but most U.S. automakers want to keep them. (Doug Mills/The New York Times)
56 minutes ago

Automakers to Trump: Please Require Us to Sell Electric Vehicles

1 hour ago

President Biden Welcomes 2024 NBA Champion Boston Celtics to White House

1 hour ago

Ohtani Makes History With 3rd MVP, Judge Claims 2nd AL Honor

Former Florida Attorney General Pam Bondi, speaks before Republican presidential nominee former President Donald Trump arrives to speak at a campaign rally at First Horizon Coliseum, Saturday, Nov. 2, 2024, in Greensboro, NC. (AP/Alex Brandon)
2 hours ago

Trump Chooses Pam Bondi for Attorney General Pick After Gaetz Withdraws

2 hours ago

Average Rate on a 30-Year Mortgage in the US Rises to Highest Level Since July

2 hours ago

Cutting in Line? American Airlines’ New Boarding Tech Might Stop You at Now Over 100 Airports

2 hours ago

MLB Will Test Robot Umpires at 13 Spring Training Ballparks Hosting 19 Teams

Help continue the work that gets you the news that matters most.

Search

Send this to a friend