Author Archives: Caroline Anderson - Senior Support Specialist

Judge Won’t Lower Bail for Arizona Woman Accused in Death of Stranger at Sorrento Valley Hotel (Sam Spital)

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COMMENTARY BY HOMICIDE CRIMINAL DEFENSE LAWYER SAM SPITAL:

“A story was published online by San Diego 6 local news on November 28, 2012 in which a defendant is charged with second-degree murder in which the Judge declined to reduce the $1 million bail. It is interesting that the defense attorney referenced the killing to be in self-defense while the prosecutor argued the defendant came to the victim’s hotel room after they had been in an altercation and in order to get her to open the door under the pretense it was a hotel worker, she announced: ‘housekeeping.’  The Deputy District Attorney proceeded to describe what then took place by the defendant who stated: ‘This is what you deserve, bitch’ as she grabbed the victim by her hair and slammed her against the mirror on the wall.

Ordinarily, bail hearings focus on a reduction of the bail previously set or a release on your own recognizance (O.R), in which the payment is waived on condition the defendant promises to appear in court. Some of the key factors a criminal defense attorney should reference in their Motion for a Reduction in Bail are: 1. The absence of a past criminal record or minimal record; 2. That any previous criminal incidents were minor and/or occurred many years earlier; 3. The defendant has resided in the community for many years; 4. The defendant is employed and has a regular job; 5. He has a spouse, children &/or parents living in the community; and 6. He has always appeared in court as required for any previous crimes, in short, there have been no prior arrest warrants or ‘failures to appear’ in any past cases. Bail may be paid in cash, with a credit card, cashier’s check, or the cash equivalent in property. It is refunded when the defendant appears in court as required, except in the case of a bail bondsman with whom the details of such an agreement should be discussed.”

Del Mar plastic surgeon facing serious allegations from state medical board – Paul Chasan in middle of administration hearing (Sam Spital)

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commentary by CALIFORNIA MEDICAL BOARD & PROFESSIONAL LICENSE DEFENSE LAWYERS:

“On November 28, 2012, ABC 10 News posted online a report of a local physician facing charges by the Medical Board of California (MBC) in connection with an Accusation filed seeking to suspend or revoke his license to practice medicine. A very brief summary was refeerenced in the article. Hence, it would be more advantageous to view the actual allegations rather than summarize them. The link to the First Amended Accusation is: https://www2.mbc.ca.gov/LicenseLookupSystem/PhysicianSurgeon/document.aspx?path=%5cDIDOCS%5c20120302%5cDMRAAADE11%5c&did=AAADE120302220259312.DID&licenseType=G&licenseNumber=68600#page=1

In regard to any allegation the doctor had sex with patients, it was reported the Administrative Law Judge dismissed all of the allegations relating to sex. The physciain’s lawyer is quoted as saying: ‘Dr Chasan is an ethical, dedicated, highly-respected plastic surgeon who never has exploited his physician-patient relationships with patients and yesterday the judge hearing this matter dismissed all charges against him in this regard so such charges are not part of the hearing taking place now.’

Clearly, an Accusation contains allegations and should not be construed as valid, in full or in part, until all of the evidence is on record, findings of fact and conclusions of law are then compiled into a Proposed Decision by the Judge hearing the case. Thereafter, the MBC has the legal authority to accept, reject or modify the same and issue its own (final) Decision. Most importantly, an experienced State Professional License Defense Attorney has a plethora of strategies that can be presented to marginalize the charges and/or establish a compelling defense.”

–Sam Spital

Man suspected of escaping police custody, beating elderly woman with handcuffs – Good Samaritan runs suspect down, police say (Sam Spital)

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COMMENTARY BY CRIMINAL DEFENSE and PERSONAL INJURY LAWYER SAM SPITAL:

“ABC Channel 10 News on November 27, 2012 posted online their account of a suspect who had been arrested in the evening hours during the past weekend for burglary of an automobile and escaped before being completely handcuffed and placed in the SDPD cruiser; and who the following morning came across a 71 year old woman he violently attacked and beat on her head with the handcuffs, one of which was still attached to his wrist. An onlooker standing nearby ran to the aid of the innocent and unsuspecting victim. The suspect ran off but was eventually caught by the Good Samaritan. No other facts were posted in regards to the original crime, and the article was devoid of any other information as to the underlying reason and/or motivation for the vicious attack. Hence, it is unclear if the suspect will be charged with attempted murder, aggravated battery, assault with intent to commit great bodily harm, elder abuse, etc.

This scenario also raises a serious question as to whether the police officer making the arrest took appropriate measures to prevent the escape of a suspect being taken into custody. Further, whether the police used adequate means in the following search of an offender, having reason to know he might be a serious danger to others. The SDPD is in the process of examining the facts and the procedures used in the within case. Clearly, a review of protocols is in order.

In addition, there is the exposure the police face in a civil lawsuit by the elderly woman whose life was placed in jeopardy as a result of possible police negligence. There are immunities that governmental entities have and, therefore, a personal injury lawyer who might be retained in such a case would have to examine all of the possibilities as well as to determine if any theory of liability exists under the facts that would provide an exception and allow for liability for the damages she sustained. The initial claim against the police would have to be filed within six months of the incident.”

–Sam Spital

 

Scripps Ranch teen dies in motocross crash (Sam Spital)

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 COMMENTARY BY PERSONAL INJURY LAWYER SAM SPITAL:

“On November 27, 2012, the UT posted online an account of a teenage boy whose aspiration was to become a professional motocross racer and during an Olympic race while making a  high speed jump crashed head first. Sadly, the 16 year old boy sustained a catastrophic spinal cord injury after which the parents gave the order to take him off life support when the doctors said there was no hope of any long turn recovery.

This is a heartbreaking end to the life of a young boy who was highly motivated and focused, obviously dedicated to a professional career and honed the necessary skills to succeed. The protective gear he wore, including a special neck brace and a racing helmet, however, did nothing to prevent the devastating injuries. While no money can compensate for the family’s loss, litigation can be meaningful since filing a lawsuit will send a message to equipment manufacturers to be more responsible and, therefore, excel in research and development to provide improved and safer state of the art professional racing gear.”

–Sam Spital

 

Two men in custody after Del Mar beach drug bust (Sam Spital)

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Commentary by Drug Defense Lawyer Sam Spital:

“On November 25, 2012, it was reported in the UT SAN DIEGO online edition that approximately 2000 pounds of marijuana was seized at about 3:45 a.m. in clear view in two trucks at a Del Mar beach parking lot. It is believed the suspects were waiting for others to buy &/or distribute the marijuana, and because it was foggy they did not think anyone would see them.

In what may be a related event, an abandoned boat washed up to the shore. If not part of drug trafficking, it may have been used to smuggle people across the border.

The writer did not elaborate upon any other facts in order to better evaluate a possible defense strategy.”

–Drug Defense Lawyer Sam Spital

 

More Fatal Car Crashes on Thanksgiving Day: Advice That Could Save Your Life (Sam Spital)

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COMMENTARY BY SAN DIEGO CAR ACCIDENT ATTORNEY SAM SPITAL:

“On November 21, 2012, ABC News online reported the most recent survey conducted by the National Highway Traffic Safety Administration disclosed that Thanksgiving was the most deadliest holiday in 2010 with 431 fatalities in the United States, only to be followed by 403 fatal accidents on Labor Day, 392 on July 4th and 259 on Christmas.

Analysts confirm that the most deadly accidents occur late at night when drivers are able to drive faster, alcohol usage is often higher and impaired drivers have a much slower reaction time. On holidays, drivers are distracted if there are more occupants in the car. Moreover, these factors are often enhanced when there are family members in the vehicle due to the drama that takes place in traveling longer distances during holiday times. There also is a sharp contrast in the numbers of vehicular accidents during the day when the roads are more congested, vehicles travel at lower speeds and, therefore, the collisions are relatively minor compared to both late at night accidents and those in the early morning hours that occur at high speeds on less crowded roads.”

SAN DIEGO CAR ACCIDENT ATTORNEY SAM SPITAL

 

 

Drug Bust Reveals Meth Now Being Disguised as Liquor (Sam Spital)

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COMMENTARY BY DRUG DEFENSE ATTORNEY SAM  SPITAL:

“ABC 20/20 News online reported on November 20, 2012, that officers of the CHP during what now has commonly become a routine drug stop on Highway 5 in Fresno County, seized 15 bottles of tequila worth about $500,000 that were filled with 56 pounds of liquid methamphetamine (Meth). The defendants were arrested on drug charges for drug trafficking and attempting to distribute drugs across state lines.

Meth use has exploded across America. Apparently a new trend of drug cartels in Mexico in distributing the drugs throughout the United States is to disguise them in a liquid form as they are transported from one region to another. Drug lords use Highway 5 as the corridor from Mexico to the United States and Canada for transporting illegal drugs and narcotics.

The most common ingredient that is used to manufacture Meth is Pseudoephedrine, which is sold in drug stores as cold medicine. Federal law limits the purchase to seven packages per month per customer or no more than nine grams. To get around these limits, meth users recruit and often team up with unsuspecting other individuals to purchase the maximum; this is called “smurfing,” which is named after TV, movie and comic small blue fictional creatures called Smurfs.  Oregon is the first state to require a prescription for cold medicine, thereby limiting the purchase of massive quantities of cough and cold medicine. The Pharmaceutical industry is seeking to establish a computer system to track these drug purchases to avoid the need for prescriptions and otherwise permit the legal use from being restricted.”

DRUG DEFENSE ATTORNEY SAM  SPITAL

FORMER U-T PUBLISHER DIES AFTER CAR CRASH (Sam Spital)

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COMMENTARY BY PERSONAL INJURY ATTORNEY SAM SPITAL:

“The UT San Diego news reported David Copley, its former publisher and only 60 years old died in an auto accident near his home in La Jolla. The car crash happened about 6:15 p.m. when his Aston Martin vehicle smashed into a parked automobile. When the San Diego Police arrived at the scene, they had to break the driver’s window to extricate him out of the car. Even though he was not breathing, the officers performed CPR until the ambulance arrived to transport him to a local hospital. A close family friend and physician opined that Copley suffered a fatal and sudden heart attack while driving. In 2005, the former publisher reportedly had a heart transplant and his underlying heart problems ‘prevented a full resuscitation’ by emergency room physicians.

The current owner of the UT San Diego, Douglas Manchester, said ‘the entire San Diego community will miss him and the philanthropy that he and his family made possible for so many years.’ The billionaire and prominent Copley dynasty has for decades been known for publishing newspapers and its philanthropic contributions, including the downtown Museum of Arts, YMCA, local playhouses, animal shelters and their many anonymous donations.

Copley was one of the wealthiest and well known individuals in the San Diego community. He also won two Pulitzer Prizes. What a misfortune for someone in his very early senior years; he will clearly be remembered as a kind and giving person.”

https://www.utsandiego.com/news/2012/nov/21/tp-former-u-t-publisher-dies-after-car-crash/

 

FORMER U-T PUBLISHER DIES AFTER CAR CRASH

Boy, 15, charged with murder in Vista stabbing (Sam Spital)

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COMMENTARY BY SAN DIEGO CRIMINAL ATTORNEY SAM SPITAL:

“It is a sad commentary in today’s society that so many individuals’ lives will be adversely impacted by a 15 year old boy who otherwise could have used his youth as an opportunity to grow to be a productive adult and realize the happiness found in achieving goals and paying forward. Instead, the UT San Diego News posted an article on November 21, 2012 about this teenager who was charged as an adult for Assault with a Deadly Weapon and Murder with Gang allegations in connection with the stabbing death of a competing gang member in a local park in Vista. The boy faces 30 years to life for the killing.

The reporter did not include any family history, explanation, and/or mitigation regarding the offender; and of course, the reader is left with a question whether any possible exculpatory evidence might exist to explain, much less to demonstrate justification for the brutal attack. The defense counsel will likely perform a thorough investigation with family, friends and potential witnesses to better evaluate the facts of the incident as well as to determine whether the defendant has any remorse that can be presented at the penalty phase of the court case.”

–Sam Spital

https://www.utsandiego.com/news/2012/nov/20/boy-15-charged-with-murder-in-vista-stabbing/

Trial ordered for man accused of killing mother, mutilating body, over financial support (Sam Spital)

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Commentary by Sam Spital, San Diego Criminal Defense Lawyer:

“On November 19, 2012, a 31 year old son used a baseball bat, hammer or other blunt object to inflict 75 wounds in the beating death of his 60 year old mother who resided in the  North County community of Solana Beach as reported by the CBS Channel 8 online news. Now that the Preliminary Hearing in the San Diego Superior Court was concluded, the son will stand trial for the crime of murder for financial gain and murder with special circumstances (torture), which took place the day after his mother went to Los Angeles where he lived to buy a car for him but thereafter refused to continue providing financial support. It was also reported the defendant cut up parts of her body and placed them in a refrigerator.

The Defense Attorney argued her client was schizophrenic and insane, but the Judge refused to find a nexus between the defendant’s mental illness and the murder. Some will argue the mutilation and brutal killing by a son of his mother deserves no mercy, while others will point to the failure of our mental health system to provide safe guards to prevent this horrific murder.

The writer did not indicate whether previous warning signs or symptoms had ever led to a 72 hour hold in a psychiatric hospital or previous treatment for the defendant’s very serious mental disorder. However, Defense Counsel did identify an email the son wrote to his mother in which he said ’It’s no joke mom, I’m insane,’ and she then said to the Court “this is just crazy.’ It is clear that society has a far greater part to play in educating the public to take responsibility, intervene, and utilize the psychiatric treatment facilities in place &/or seek care through the County Mental Health Services. Perhaps not every criminal offense associated with mental illness can be prevented, but certainly there is help that is available and can be provided to those that suffer these disorders, and support to their families as well.”

 

Ratings and Reviews

BBB 10.0Samuel Eugene Spital
Samuel E. SpitalClients’ ChoiceAward 2021 Samuel Eugene SpitalClients’ ChoiceAward 2020
avvo rated 10/10 in Criminal Defense avvo rated 10/10 in Juvenile Law avvo rated 10/10 in Licensing
avvo rated 10/10 in Personal Injury Top ContributorAward 2012Samuel Eugene Spital Samuel Eugene SpitalReviewsout of 207 reviews