Scott Smith's San Joaquin County Courts Blog

Police shot 16-year-old James Rivera Jr. to death last week. This is not the first time his family has made the newspaper. I dug this from The Record’s archives:

Publication date : 1996-08-16
Edition: The Record Friday
Headline: Killers lawyer seeks new judge to hear motion
By Line: Hugh Wright

A convicted killers lawyer is seeking to disqualify a judge on grounds the judge is annoyed because of his clients courtroom outbursts. James Earl Rivera, 32, of Oakland is awaiting a hearing on his request for a retrial. But his lawyer, John C. Schick, argued in a nearly 50-page brief that Superior Court Judge Stephen G. Demetras should not be the one to decide whether to grant the motion. An independent judge will hold a hearing next Friday on Schicks request to disqualify Demetras from considering Riveras motion for a new trial. Rivera was convicted in February of first-degree murder and is awaiting sentencing but also is awaiting a hearing on the retrial motion. He was convicted in the Dec. 2, 1994, fatal shooting of Debra Elaine Nelson, 42, of Stockton, a bystander during an attempted robbery of a Brinks guard outside the Pacific Bell office on Feather River Drive. Lionel Dixon, 42, Riveras uncle, was convicted June 28 of first-degree murder in the case and is also awaiting sentencing. A jury is deliberating on the fate of the third defendant, Jerome Lee Moore, 26, of Oakland. Rivera and Dixon were taken into court during Moores trial in July at the request of prosecutor Lester Fleming so the jury could view the men because of references to relative heights and sizes cited by witnesses. Schicks brief said Rivera asked Demetras why his lawyer wasnt present and why he was taken into court, and he made a comment that the judge had already given him life. Demetras told Rivera to be quiet and said he would deal with him later, according to Schicks motion, filed Wednesday. A court owes a duty of impartiality, and it is the position of James Rivera that Judge Demetras has now finally put himself into a position where it is clear that he harbors bias against James Rivera and cannot be fair, Schick wrote. He said the word finally referred to Riveras feeling that Demetras has been biased toward him all along. Judicial ethics prohibit judges from commenting on cases before them. But Fleming said Thursday: There wasnt any hostility or threat, to me. Hes gotten annoyed with me during this trial, too, but I dont think hes taken it out on me. … There were times when the judge was more annoyed with me than he was with Rivera. He characterized the judges reaction to Riveras unwanted courtroom comments as maybe slightly annoyed. Moores lawyer, Charles Slote, signed an affidavit saying the judge appeared to be annoyed with Mr. Rivera. On Thursday, Slote said, I was annoyed with Mr. Rivera — I was real annoyed.’