Couple pleads not guilty to child endangerment charges

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A couple pleaded not guilty to felony child endangerment charges.

They were accused of leaving their 4-month-old son in a car. His temperature rose to dangerous levels, and he died in a hospital.

Can anyone reconcile a parent’s lifetime guilt as a result of allowing their child to die because they were using narcotics and forgot they left their infant child in the car when they remained inside their residence (perhaps using more drugs), notwithstanding the ever rising and burning temperature in their closed vehicle from the summer heat?  It is despicable and unforgiving.

This type of conduct only underscores the failure in our system to educate individuals at a very young age as well as adults through relentless media Public Announcements that drugs destroy one’s ability to exercise judgment, causing obvious lapses in memory as well as an inability to function in simple daily activities.

Is there a scintilla of evidence the parents are remorseful? The reporter failed to include any such references, leaving the reader to draw their own conclusion(s).

COMMENTARY BY SAN DIEGO CRIMINAL DEFENSE AND PERSONAL INJURY ATTORNEY

 

California officials review rehab centers after reports of fraud

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Officials in California are conducting a statewide review of drug and alcohol rehabilitation centers after reports of fraud surfaced.

CNN and The Center for Investigative Reporting released joints reports stating that some rehab clinics have billed the state for patients who don’t show up, or for patients with no substance abuse problems.

It is distressing when these institutions, which are funded by taxpayers and were created to help those in need, start to take advantage of the state. They are taking for granted the millions of dollars that are put into rehabilitation programs by the citizens of the state.

 

More revealed about the reach of NSA

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More has been revealed about the long reach of the National Security Agency.

They acknowledged on Wednesday that they can read and store the phone records of millions of US citizens. The phone records of each American are stored in a vast database that the NSA keeps.

There are serious concerns regarding our privacy and the government’s claim their unbridled surveillance is warranted. This topic will not only require continued debate, but some argue it should be subject to the vote of the majority of the population.

 

Commentary by SAM SPITAL, San Diego Criminal Defense Lawyer

Four child welfare workers will be fired after death of boy

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Los Angeles county officials say that four child welfare workers were negligent and guilty of many missteps in a case involving an 8-year-old boy named Gabriel Fernandez. As a result of their lapses, the boy died. The four workers have received letters informing them that they will be fired.

Fernandez died in May. He was found with broken ribs, burns, and a fractured skull. His mother and her boyfriend have been charged with murder and torture, and though the Department of Children and Family Services received many complaints of abuse, they had been discounted and not dealt with.

It is heartbreaking that these people knew that a child was most likely being hurt but they did nothing to stop it. Hopefully the firing of these four employees marks a change and sends a message to other employees that this behavior and these serious mistakes are not all right.

The challenge for Child Protective workers is that they are faced with making complex decisions in the investigation of abuse &/or neglect. On the other hand, they have the benefit of engaging in a dialogue with their managers and even confer with experts in the field to make appropriate decisions.

Erring on the side of caution protects the child(ren), but doing nothing exposes the child(ren) to serious and life threatening injuries. Perhaps the real conundrum involves the huge case load they have, in which many contend they need greater and ongoing education and training.

COMMENTARY BY SAM SPITAL, SAN DIEGO PERSONAL INJURY AND CRIMINAL DEFENSE LAWYER

 

Sheriff’s deputy charged with 11 different counts

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A sheriff’s deputy in Los Angeles County was accused of raping women and soliciting bribes while on duty. He is set to appear in court on Wednesday.
28-year-old Jose Rigaberto Sanchez was arrested in his home on Monday night after a three-year investigation. He is being charged with 11 different counts.
The article did not include any interview with the officer &/or his lawyer; no discussion regarding officer’s family,  social history and mitigation, if any. What has happened to honest and balanced journalism? It seems more and more we are provided with short references to events with little analysis and even less about the people and their background to invite a dialogue &/or serious reflection.
Clearly, our system of justice requires that he be given the benefit of doubt and not be tried in the news, regardless how serious and horrific the alleged crimes are, and for which our hearts go out to the victims and their families.
Commentary by Sam Spital, San Diego Criminal Defense Lawyer and former Deputy Attorney General. 

Number of cheerleading injuries increase

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Cheerleading now accounts for 60% to 70% of all women’s sports injuries.

This is partially due to the greatly increased number of predominantly female cheerleaders, and partly because cheerleaders are now asked to perform many stunt-like routines, such as human pyramids and tumbling. These activities bring with them a greater risk of injury than simply waving a pom-pom.

Cheerleading injuries can be disabling or even fatal, especially as the cheerleaders grow older and learn more complicated routines. Though it is exciting to see cheerleading grow more rigorous and be treated as a sport equal to other team sports, it is also disheartening to hear that so many injuries come of it. Cheerleaders should remember not to push themselves beyond their abilities, and to warm up sufficiently before engaging in any routines or stunts. It seems more planning and preparation, the use of adequate mats and pads, as well as increasing the level of proper and continuous education and training of instructors must be given greater emphasis.

 

Nevada state psychiatric hospital to lose accreditation

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A Nevada state psychiatric hospital is being stripped of its accreditation, but is choosing not to appeal.

It seems a conundrum here: The hospital loses its accreditation and that means they will not be paid by the government, patients will have to be released, transferred to another facility if available and/or others will not be admitted until they apply for and receive a new certification.. There are many who believe the 72 hour hold is sufficient to protect the patient as well as society because psychiatrists and staff are required to determine if there is a present danger to the patient and/or society and only if that does not appear to exist is the patient released.

If the patient does not have any family or caretakers, they are released into the community. Unfortunately, there are an insufficient number of places for community housing and/or locations that can provide an appropriate, albeit temporary period of time for such patients to be sufficiently stabilized to be on their own. It is clear that we have far too many members of society that fall into this category and need ongoing care and treatment. While some pundits will claim we cannot provide appropriate and adequate transitional care for psychiatric patients who are medically challenged, others who are more enlightened including myself passionately believe the billions of dollars we send to foreign countries should first be used to fix this and countless other problems in our own country.

Commentary by Sam Spital, California State Board Licensing Defense Attorney & San Diego Personal Injury Lawyer:

Employees obligated to assist employers during investigations

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A California ruling suggests that an employee is obligated to assist their employer during the investigation of another employee’s discrimination claim.

John McGrory was investigated, but it was determined that he had not discriminated against another employee for being a lesbian. However, he was fired for violating the company’s sexual harassment policy and being uncooperative during the investigation process. He then sued Applied Signal Technology for wrongful termination, saying that his termination violated public policy. The court, however, did not agree.

If an investigation is happening in a workplace, employees should be respectful and cooperative. It is a privilege, not a right, to have a job. If in doubt, you should see the advice of an employment lawyer, first being certain the attorney has no conflict of interest.

 

State workers charged with accepting bribes

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Two state workers were arrested for accepting bribes from a state toner contractor, according to officials.

Michael Mathison, owner of the Veterans Toners Services, has been accused of inflating quotes for office supplies, and then providing even more inflated fake quotes from competitors. That way, his company got the business from the Department of Fish and Wildlife and the state Department of Transportation.

Two other people were charged as well.

Stories like these are a reminder to deal honestly with money. It is a sad reality when anyone will sacrifice their employment to be involved in unscrupulous and/or improper conduct. The author failed to include in the article, however, information relating to mitigation and extenuation, if any. Everyone deserves to know about and read a balanced account rather than one that simply presents a (biased) narrative regardless of the other side of a story.

 

Trolley strikes person in Grant Hill

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A person was sent to the hospital on Sunday after being struck by an MTS trolley.

The person, whose gender and name haven’t been released, had to be extricated from underneath the trolley by firefighters. The person was taken to Scripps Mercy Hospital with what were described as major injuries.

Our hearts go out to the victim and the victim’s family in this difficult time.

 

 

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