Author Archives: Caroline Anderson - Senior Support Specialist

Verdict reached but sealed in trial of teen accused in rapes of two girls

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COMMENTARY BY SAM SPITAL, CRIMINAL DEFENSE ATTORNEY:

‎”On October 26, 2012, the CBS online news reported a 17 year old boy was tried as an adult in the San Diego Superior Court and found guilty of rape, kidnapping and sodomy by force upon two girls who were friends taking a walk in a local park. These horrific and unspeakable crimes were committed in conjunction with a second defendant who faces a separate trial, and no doubt the reason the Judge sealed the verdict pending the outcome of that ongoing trial.

According to the Deputy District Attorney, the two teenagers were smoking marijuana when they saw the two girls, at which point one of the boys held a knife and used threats to force them to a secluded place where they were brutally and repeatedly attacked and subjected to a ‘30- to 40-minute series of sexual assaults that included every imaginable kind of rape.’ The police account reflected the defendant’s admission as well as the following statement: ‘(Expletive) happens… The body is weak when it sees flesh.’

The Defense Lawyer argued her client was not guilty and acted out of ‘impulse;’ he ‘cooperated after his arrest and admitted what he did.’ The article did not report and, therefore it is heart-wrenching there was no evidence of remorse, mitigation &/or recognition of wrongdoing of the savage behavior by the defendant who faces up to 325 years to life in State Prison. The reader is left wondering if either defendant has any redeeming quality having taken away the innocence of two girls who are and will be scared for life.”SAM SPITAL, CRIMINAL DEFENSE ATTORNEY

Trial ordered for alleged ‘Be Cool Bandit’

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COMMENTARY BY CRIMINAL DEFENSE LAWYER SAM SPITAL AND ASSOCIATES:

‎”KFMB Channel 8 TV online edition updated its post on October 25, 2012 regarding what has been described as the ‘Be Cool Bandit’ who was charged with ten (10) separate robberies of gas stations and convenience stores, displaying a semi-automatic weapon and after his Preliminary Hearing now must face trial on these charges .
The defendant was reported to have a lengthy criminal history, including a previous robbery conviction; he was given the ‘Be Cool Bandit’ nickname because he told his victims ‘Just be cool, be cool.’ Several items recovered after his arrest including fingerprints and DNA evidence from the scenes of the crimes were part of the prosecution case. The article contained no reference to the attorney for, or any interview or statement made on behalf of, the defendant. Lacking anything further, it is mere speculation as to what defense and/or mitigation might be presented by criminal defense counsel. Without more, the defendant faces up to 35 years in prison if found guilty.”

SAM SPITAL AND ASSOCIATES, CRIMINAL DEFENSE LAWYER

Jury selection under way in Paradise Hills Craigslist slaying

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Commentary by Sam Spital, San Diego Criminal Attorney:

“On October 23, 2012, the ABC news online edition reported the trial of three teenage gang members began by with the initiation of jury selection. They are charged with murder, robbery, auto theft and shooting into an occupied vehicle; there also is a special allegation that the crimes were committed for the benefit of a street gang. The victim was a college student who in 2010 graduated from La Jolla High School, who responded to a $600 computer for sale on Craigslist. After being lured to a South Bay residence, one of the defendants is reported to have pulled out a gun and demanded the victim’s money. When the defendants drove away, the victim followed. Soon thereafter, one of the defendants fired into the victim’s automobile, shot the victim who was taken to but died at a local hospital.

The defendants face between 50 and 60 years in prison for the crimes in question. Unfortunately, the reporter did not relate a discussion with any of the defense counsel to provide an account of a possible defense or mitigation. Perhaps in the days that follow, a more fair and balanced article will be forthcoming.”SAM SPITAL, FORMER DEPUTY ATORNEY GENERAL

Officer investigated in hair pulling incident

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Commentary by Sam Spital, San Diego Criminal Attorney:

“Fox news reported October 22, 2012 the San Diego Police Department is investigating an incident in which an officer was alleged to have pulled a woman’s hair as he tried to subdue her as she became hysterical in seeing her residence in flames as she arrived home. The article also referred to a previous incident in which the same officer was held liable in a civil action filed by a homeless advocate who was a victim of the officer’s unreasonable force.

No excuse justifies excessive force, whether by a private citizen or law enforcement. However, there may well be mitigating facts and circumstances in this case that helps to explain the officer’s conduct. I would reserve judgment, therefore, until all of the facts are known as far too often the media will report only what it knows at the time and upon further investigation there may be compelling evidence that defense counsel is able to develop. For a fair and balanced account, it would be preferred if the writer included in the article such a closing statement.”Sam Spital, Criminal Lawyer h

PEOPLE vs. ISLAS (Sam Spital)

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Commentary by Samuel Spital:

‎”On October 18, 2012, the California Court of Appeal in the case of PEOPLE vs. ISLAS, (Case # B233087
https://www.courts.ca.gov/opinions/documents/B233087.PDF), affirmed and in part modified the Decision of the Los Angeles Superior Court, holding there was sufficient evidence to convict the defendant on charges of burglary due to entry into a building with the intent to commit a crime and felony false imprisonment due to an express or implied threat of harm. Contrary to the defense argument, the absence of a weapon, lack of any physical contact nor express threat of harm did not vitiate the conviction. The Deputy District Attorney as part of his case in chief presented a gang expert who testified the defendant had visible gang tattoos and this was enough to cause the victims to fear their personal safety [by indelibly marking in their brain terror and do what I say] as ‘I am a gang member.'”

SAM SPITAL, CRIMINAL LAWYER

Click to access B233087.PDF

Newport exec allegedly killed wife after divorce, money fight

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Commentary by Sam Spital, San Diego Criminal Attorney:

“The Los Angeles Times reported on October 15, 2012 the Orange County District Attorney planned later on the same day to file charges against a Newport Beach man for killing his wife in a dispute over finances and a possible divorce. The newsperson noted the family resided in a $2.5 million home and the husband was arrested for felony murder near the San Diego-Mexican Border by officers a few days earlier. According to a different person, the 48 year old man claimed another individual killed his wife and forced him to place her body on a truck and then drive his own vehicle toward the Mexican border. The article does not contain any other references so it is impossible to know the facts and provide an opinion regarding the allegations and potential defenses to the charges. Suffice to say, criminal defense counsel has a variety of strategies to employ in representing a client.”

Sam Spital, Criminal Lawyer

Woman runs over, kills boyfriend after fight escalates, Commentary by Sam Spital, San Diego Criminal Defense Attorney

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“The KFMB-TV and CBS.com news posted on October 14, 2012 that a 23 year old man was fatally injured when he was run over by his girlfriend’s vehicle after he smashed the car’s windshield and banged on her car at which point she sought to extricate herself from the dangerous situation and backed the vehicle away. This followed an alleged altercation between the two individuals in a parking lot in Chula Vista, a neighboring city in the south bay region of San Diego County, where the woman had previously gathered with friends. Is this another senseless tragedy that might have been avoided? Unfortunately, very little was reported and there is an investigation pending.”

Sam Spital, San Diego Criminal Defense Attorney

 

Pit bull owner arraigned following attack on girl (Sam Spital)

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“The owner of a 65 pound terrier pit bull was charged with a felony for having a dangerous animal that can cause great bodily injury when it attacked and mauled a 4 year old girl when she tried to pet it in the apartment courtyard where she resided.

The District Attorney stated the pet’s owner immediately afterwards ‘grabbed her dog, went to her apartment gathered her belongings and went to her car. When the cops got there she was trying to drive away. They stopped her from doing so, but when they did, she admitted that she was headed to Tijuana.’Owners of animals often focus on how much they love their pet or pit bull dog, even having cared for since birth and for all intents and purposes claim the pet is calm and gentle. Nonetheless, it is critical everyone always be mindful of the dangers involved when they have a pit bull or similar type pet that might escape a fenced yard, get loose from its leash &/or be near anyone else. This seems particularly evident in California where there is both civil and criminal liability. Of course, the impact on the victim and his/her family can be life long, and certainly the pet owner wants to avoid this and their own sorrow and anguish.”

SAM SPITAL, Criminal Lawyer

SDPD captain’s son pleads not guilty to assault, sexual battery charges (Sam Spital)

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“The San Diego Police Department Captain’s son, who is 23 years old, was charged with seven counts of misdemeanor assault, sexual battery and vandalism as reported in the Channel 8 CBS online news October 11, 2012. The defendant’s blood alcohol was twice the legal limit for driving.
This should be a lesson that there are unexpected consequences of drinking, including that which may not have been intended &/or characteristic of one’s normal behavior. The defendant is fortunate he did not get into a car and drive into another vehicle and/or pedestrian, causing injury or death to himself or another person.

The defense will likely seek treatment for alcohol abuse and rehabilitation.”

SAM SPITAL, Criminal Lawyer

Confessed murderer sentenced to 80 years to life in prison (Samuel Spital)

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“A former nurse pleaded guilty to two counts of second-degree murder in the slayings of (1) his estranged wife, who was a nurse and almost half his age, previously filed for divorce and kicked the defendant out of the condo they earlier had occupied, and (2) a male co-worker who was also a nurse, after seeing them together cuddling on a couch, as reported in the UT San Diego news on October 10, 2012. When the guilty plea was taken, the defendant agreed to an 80 year state prison sentence.

The news account did not report any defense statements or evidence, or a presentation regarding remorse in order for this writer to render an opinion regarding the sentence. However, the Deputy District Attorney stated the defendant “is believed to have watched the victims from a backyard area before ‘shooting his way in,’ which would likely be strong evidence to establish first-degree Murder since there appears to be premeditation and malice, being willful and deliberate. Also, it would ordinarily refute a claim the homicide occurred in the heat of passion or spur of the moment (second-degree homicide). It appears the plea deal avoided the necessity of a trial and benefited the prosecution while at the same time it circumvented a Murder One conviction, thereby an inducement to the defense.”

SAMUEL SPITAL,
Criminal Defense and Professional License Attorney

Ratings and Reviews

BBB 10.0Samuel Eugene Spital
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