Suarez death verdict, Willoughby woes among top court stories of 2001

By Gus Thomson, Journal Staff WriterA censured Superior Court judge?s failed bid to return to the bench and a death sentence in one of the most horrific crimes in the history of Placer County were two of the top justice system stories locally in 2001.At the close of 2001, Judge W. Jackson Willoughby was nearing the Feb. 28 date he had set last May for retirement. Willoughby?s retirement-date announcement last spring came at the start of what would turn out to be a short-lived attempt to return to trial judge status.Censured by the state Commission on Judicial Performance for grabbing a female bailiff?s breasts and prejudicial conduct toward female court employees, Willoughby lasted less than four months in Roseville traffic court. He had been attempting a comeback after the commission rejected his stress retirement application. He was again taken off active duty in August when new complaints from court workers surfaced.Ed Koons, president-elect of the Placer County Bar Association, said his group will keep the heat on in the new year to ensure Willoughby leaves ? either voluntarily or involuntarily.?One of my top priorities as incoming president will be to confirm Willoughby?s resignation or proceed full speed ahead with a recall,? Koons said. ?It?s unfortunate that it falls upon a volunteer organization to see this through because the Judicial Commission failed in its duties.?Emotions ran high in a Napa courtroom from March to June as a jury heard evidence in the multiple murder trial of rural Auburn ranch hand Arturo Suarez. Jurors in the change-of-venue case found Suarez guilty of the murder of four family members ? including burying alive his 3-year-old niece and 5-year-old nephew.The July 1998 killing spree Suarez was convicted of was not the worst in Placer County history. The 1943 murder of five family members near Loomis resulted in three consecutive life sentences for 18-year-old Ray Latshaw.Prior to the Latshaw case, the most notorious mass murder case handled by Placer County authorities involved the 1904 Weber family murders in Old Town Auburn. In that case, Adolph Weber was hanged for the murders of his parents, brother and sister.When Judge Scott Snowden pronounced the death sentence in November, Suarez was given a final opportunity to explain any warped rationale he had for the crime. He said nothing.District Attorney Brad Fenocchio described the Suarez prosecution as a team effort, praising the work of the Sheriff?s Department and law enforcement agencies in southern California that took part in the suspect?s arrest. Supervising Deputy District Attorney Tom Beattie and Deputy District Attorney Debra Oldziewski formed the prosecution team with Fenocchio ? and the DA also praised their work.The case itself was presented to jurors with some high-tech innovations that emphasized visual imagery and computerized projection presentations over charts. The imagery made the case easier to understand, Fenocchio said.?It was a victory for the justice system but it?s overshadowed by the tremendous loss and tragedy,? he said.Fenocchio is also moving toward a return to office for a third term after no candidate stepped up to turn in papers to run against him this past fall. He?ll be the first Placer County district attorney to not face an election challenger since Auburn?s Dan Higgins? 20-year tenure from 1963 to 1983.?It?s gratifying when the job you?re doing is by and large accepted ? although I know there are individual islands of opposition,? Fenocchio said.2001 was also a year when a medical marijuana advocate fresh from acquittal on pot possession for sale charges would continue to lock horns with the Placer County law enforcement before seeking refuge in Canada. Steven Kubby, a state gubernatorial candidate in 1996, was convicted on two drug possession charges involving peyote and magic mushrooms but opted to move to British Columbia, Canada rather than serve a 120-day jail sentence. Kubby maintained going to jail would be tantamount to a death sentence because he couldn?t take marijuana in with him to stave off a rare, adrenal cancer.2001 would also bring a perhaps-temporary semblance of closure to the case of 26-year-old Tara Denise Loudon, who authorities allege shot her mother ? 51-year-old Shirley Loudon-Miller ? to death at an Auburn church. Loudon was judged mentally unfit to stand trial in April. Evaluations by a psychologist and a psychiatrist detailed a downward spiral into madness that included abusive relationships with girlfriends, HIV infection, several suicide attempts, and ultimately, insanity, multiple personalities, voices taking over inside her, and the murder charge.And 2001 was also a year when a grisly murder of Lincoln High School teacher Laurie Niami in Colfax would move the court system into preparation for another death sentence proceeding. Murder suspect Jay Johnson was found fit to stand trial on a murder charge that could lead to a death-penalty trial. Proceedings continue in the new year.Fenocchio said that one of the areas his office will continue to emphasize is its elder abuse program.?We?re looking at more innovations so we can be ahead of things rather than chasing them,? he said.Koons, who will be sworn in Jan. 18, said the bar association plans to continue with established programs like Law Day in May and an April education conference in Tahoe. One of this year?s featured speakers at the conference will be James Brosnahan, a San Francisco attorney now representing American Taliban John Walker.Koons said he would like to help establish more attorney input in court scheduling policies and procedures.?As president I?m hoping to see better lines of communication between the bar and local judges,? he said. ?Historically, the judges decide to try something new and we find out after the fact. With a little more input, I think we can help.?