Please ensure Javascript is enabled for purposes of website accessibility

West Bank Town Becomes ‘Big Prison’ as Israel Fences It In

2 days ago

Trump Says He’s Willing to Let Migrant Farm Laborers Stay in US

2 days ago

US Electric Vehicle Tax Breaks Will Expire on Sept. 30

2 days ago

Eyeing Arctic Dominance, Trump Bill Earmarks $8.6 Billion for US Coast Guard Icebreakers

2 days ago

Trump’s Sweeping Tax-Cut and Spending Bill Wins Congressional Approval

2 days ago

Americans Celebrate Their Independence With Record-Breaking Travel Numbers

2 days ago

US Supreme Court to Decide Legality of Transgender School Sports Bans

3 days ago

Nvidia Set to Become the World’s Most Valuable Company in History

3 days ago

Poll: 41% in US ‘Extremely Proud’ to Be American, Near Historic Low

3 days ago
What Do Top Fresno Attorneys Say About Arambula Trial?
David Taub Website photo 2024
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

What Are Fresno Real Estate Experts Predicting for 2025 and Beyond?

DON'T MISS

First California EV Mandates Hit Automakers This Year. Most Are Not Even Close

DON'T MISS

How Trump’s ‘Big, Beautiful Bill’ Will Make China Great Again

DON'T MISS

What’s Caitlin Clark Worth to the WNBA? A Lot More Than Her $78,066 Salary.

DON'T MISS

Trump to Sign Tax-Cut and Spending Bill in July 4 Ceremony

DON'T MISS

Madre Fire Spurs Evacuations Across 3 Counties, Grows to More Than 70,000 Acres

DON'T MISS

Clovis, Sanger, Madera, and Bass Lake Will Light the Sky With Fireworks Shows Tonight

DON'T MISS

Oil Dips Ahead of Expected OPEC+ Output Increase

DON'T MISS

613 Killed at Gaza Aid Distribution Sites, Near Humanitarian Covoys, Says UN

DON'T MISS

Fresno County Authorities Investigating Suspicious Death of Transient Man

DON'T MISS

West Bank Town Becomes ‘Big Prison’ as Israel Fences It In

DON'T MISS

Israeli Military Kills 20 in Gaza as Trump Awaits Hamas Reply to Truce Proposal

UP NEXT

Clovis, Sanger, Madera, and Bass Lake Will Light the Sky With Fireworks Shows Tonight

UP NEXT

Valley Crime Stoppers’ Most Wanted Person of the Day: Rachelle Maria Blanco

UP NEXT

Fresno Police to Conduct DUI Checkpoint on Fourth of July, Boost Holiday Patrols

UP NEXT

Fresno Crash Involving Unlicensed Teen Driver Sends Woman to Hospital

UP NEXT

Madre Fire Burns More Than 52,000 Acres in San Luis Obispo County

UP NEXT

RIP John Harris: Fresno County Rancher, Racehorse Breeder Was a Visionary Leader Who Leaves a ‘Profound Legacy’

UP NEXT

Valadao, Costa Spar on What Passage of Trump’s Bill Means for Medicaid Recipients

UP NEXT

Kaweah Health Names Its New Chief Nurse. She’s From Texas

UP NEXT

Clovis Police Say At-Risk Missing Woman Found Dead in Mariposa County

UP NEXT

Fresno Police Recover Some of the $40,000 in Fireworks Stolen From Bullard High Team

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

Madre Fire Spurs Evacuations Across 3 Counties, Grows to More Than 70,000 Acres

1 day ago

Clovis, Sanger, Madera, and Bass Lake Will Light the Sky With Fireworks Shows Tonight

1 day ago

Oil Dips Ahead of Expected OPEC+ Output Increase

1 day ago

613 Killed at Gaza Aid Distribution Sites, Near Humanitarian Covoys, Says UN

1 day ago

Fresno County Authorities Investigating Suspicious Death of Transient Man

2 days ago

West Bank Town Becomes ‘Big Prison’ as Israel Fences It In

2 days ago

Israeli Military Kills 20 in Gaza as Trump Awaits Hamas Reply to Truce Proposal

2 days ago

Valley Crime Stoppers’ Most Wanted Person of the Day: Rachelle Maria Blanco

2 days ago

Russia Pounds Kyiv With Largest Drone Attack, Hours After Trump-Putin Call

2 days ago

Boxer Chavez Jr Expected to Be Deported to Mexico to Serve Sentence, Mexican President Says

2 days ago

How Trump’s ‘Big, Beautiful Bill’ Will Make China Great Again

Can you hear it — that loud roar coming from the East? It’s the sound of 1.4 billion Chinese laughing at us. Thomas L. Friedman The New Yo...

15 hours ago

Solar Farm in Riesel, Texas
15 hours ago

How Trump’s ‘Big, Beautiful Bill’ Will Make China Great Again

Caitlin Clark Signs T-Shirt
15 hours ago

What’s Caitlin Clark Worth to the WNBA? A Lot More Than Her $78,066 Salary.

President Donald Trump speaks during a press conference in the Roosevelt Room at the White House in Washington, D.C., U.S., May 12, 2025. (Reuters File)
1 day ago

Trump to Sign Tax-Cut and Spending Bill in July 4 Ceremony

The Madre Fire burning near New Cuyama has scorched 70,801 acres as of Friday, July 4, 2025, afternoon, making it California’s largest wildfire of the year, with only 10% containment and multiple evacuation zones in place. (CalFire)
1 day ago

Madre Fire Spurs Evacuations Across 3 Counties, Grows to More Than 70,000 Acres

1 day ago

Clovis, Sanger, Madera, and Bass Lake Will Light the Sky With Fireworks Shows Tonight

A pumpjack operates at the Vermilion Energy site in Trigueres, France, June 14, 2024. (Reuters File)
1 day ago

Oil Dips Ahead of Expected OPEC+ Output Increase

Palestinians gather to collect what remains of relief supplies from the distribution center of the U.S.-backed Gaza Humanitarian Foundation, in Rafah, in the southern Gaza Strip, June 5, 2025. (Reuters File)
1 day ago

613 Killed at Gaza Aid Distribution Sites, Near Humanitarian Covoys, Says UN

Billy Wayne Sinisgalli, a 54-year-old transient known locally as Wayne, was found dead along a rural Fresno road Wednesday in what authorities are investigating as a suspicious death. (Fresno County SO)
2 days ago

Fresno County Authorities Investigating Suspicious Death of Transient Man

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

Search

Send this to a friend