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Orange County Doctor Arrested on Suspicion of Possessing Child Pornography – Dr. Pete Thomas, accused of possessing thousands of pornographic images involving children, turned himself in to a judge Tuesday (Sam Spital)

Posted on December 13, 2012 by Caroline Anderson - Senior Support Specialist

COMMENTARY BY SAM SPITAL, California Professional License Attorney and San Diego Criminal Defense Lawyer:

“A Podiatrist surrendered himself after an arrest warrant was issued for felony possession of child pornography per an account by the NBC Channel 7 online news edition on December 12, 2012. Little if anything else was reported in the article, and most importantly there was no explanation, mitigation and/or defense noted.

A Doctor of Podiatry is trained in foot care and, therefore, can diagnose and treat a variety of medical conditions related to the foot, ankle, and lower extremities.

A check of the Board of Podiatric Medicine website indicates Dr. Pete Thomas has been licensed in California since July 1, 1990. It is likely the Board will open an investigation if it does not already have one in place. Upon evaluating the evidence if it can be established there exists a sufficient basis for disciplinary action, the matter will be submitted to the Office of Attorney General to file an Accusation seeking to suspend or revoke his license to practice podiatry. An administrative hearing would then be scheduled in which an Administrative Law Judge would hear the evidence, including written and oral testimony. The Deputy Attorney General must prove the case by clear and convincing evidence, which burden of proof is much less than a criminal case that requires evidence beyond a reasonable doubt, but much greater than in a civil case in which one need only present a preponderance of evidence to prevail.”

82-Year-Old Pleads Guilty to Manslaughter (Sam Spital)

Posted on December 12, 2012 by Caroline Anderson - Senior Support Specialist

Commentary by CRIMINAL DEFENSE LAWYER SAM SPITAL AND ASSOCIATES:

“In the Tuesday NBC Channel 7 online edition of the news it was reported on December 11, 2012 that an 82 year old woman pled guilty to Voluntary Manslaughter in connection with the shooting death of her long- time 57 year old friend who in a home they shared in San Diego from time to time were roommates. No motivation, mitigation, explanation or further information was reported, nor did the author of the article interview the Criminal Defense Attorney. In order for the sentencing hearing to have some value for the defendant, it is hoped the defense will look to these factors to present arguments and evidence on behalf of the real life tragedy.”

Michelle Le’s Killer Sentenced – The judge said he never saw any signs of remorse (Sam Spital)

Posted on December 11, 2012 by Caroline Anderson - Senior Support Specialist

“NBC Channel 7 News reported on December 10, 2012 in its online news edition the imposition of 25 years to life in the sentencing hearing of a nursing student after a jury found her guilty of first degree murder in the killing of a former fellow high school student who prosecutors opined occurred as a result of jealousy because she was having sex with her previous boyfriend.

The defense attorney argued the crime was not premeditated, occurred in the ‘heat of passion’ and, therefore, should not have been deemed first degree murder. The Superior Court Judge disagreed and in reading the verdict stated the crime was ‘cold blooded’ and the defendant showed no remorse.

There are whole panoply of elements that are critical to the defense that can and should be presented in court if not previously in a written format for the Judge to consider in sentencing, such as the absence of a criminal history and mitigating evidence. However, none of these factors were reported in the article for a balanced account to better evaluate the case.”

Doctor charged with battery will keep license; Mott placed on 5-year probation, again (Sam Spital)

Posted on December 10, 2012 by Caroline Anderson - Senior Support Specialist

Commentary by SAM SPITAL, CALIFORNIA ADMINISTRATIVE LAW & CRIMINAL DEFENSE ATTORNEY:

“The California North Coast Times Standard newspaper on December 10, 2012 reported the Medical Board of California based upon a Stipulated Settlement imposed a revocation stayed and five years’ probation this month as its disciplinary action against Robert Alan Mott, a physician who previously pled guilty to the lesser included offense of Battery (the original criminal offense was Sexual Battery). This means he will continue to practice medicine, however, the medical doctor must have a chaperone when examining &/or treating female patients and he cannot supervise Physician Assistants.

The doctor was first licensed in 1980, was convicted of Driving Under the Influence in 2004 and in an earlier Accusation by the Medical Board was also charged in 2005 with Gross Negligence and Dishonesty in the care and treatment of a patient, and Unprofessional Conduct for a failure to maintain accurate and complete patient records. The earlier case resulted in this physician being placed on five years’ probation as well; hence, the within case is the second time he has been disciplined by the Medical Board of California. See https://bit.ly/VyUNcS

The news account noted the attorney representing the doctor could not be reached for comment, and she reported no statements in mitigation. When disciplinary action is filed against a physician or any licensed professional in California, there is an excellent opportunity to investigate, develop and then present both a defense and offense, along with compelling mitigating facts and circumstances surrounding the life of the individual in general and the case in particular. In this litigation, however, none were described in the Decision by the Medical Board nor in the account by the journalist who wrote this news article.”

1st Grade Teacher Re-Arrested on Child Porn Charges (Sam Spital)

Posted on December 7, 2012 by Caroline Anderson - Senior Support Specialist

COMMENTARY BY SAN DIEGO CRIMINAL ATTORNEY SAM SPITAL:

“Internet sex crimes against children are escalating and parents need to be vigilant to avoid what has become a despicable and outrageous scourge in modern society. Clearly, the solution is not to remove computers from children. Even using available tools to restrict access on individual computers is not a full-proof solution because the internet can be accessed at countless places and in locations otherwise unknown by a parent. Open, regular and continuous communications between parents and children continues to be the most valuable approach advocated by most counselors, teachers and experts. The goal is not to cross the boundary to become a friend rather than a parent, but certainly to build and maintain love and respect, as well as establishing proper ethics and morals.

On December 6, 2012, a 41 year old first grade elementary school teacher in Chula Vista, a city in San Diego, was arrested on suspicion of 11 counts of lewd and lascivious acts on children under the age of 14. One of the charges is molesting a young boy. Apparently, the suspect posed as a 13 year old girl who used a web site named ‘MeetMe’ and has utilized other similar web sites to lure young boys to disrobe during webcam communications. The story contained no reference to possible exculpatory evidence (facts that would be favorable to the defense), remorse and/or mitigation, all of which may likely be presented by defense counsel on behalf of the suspect.

This has allegedly taken place while charges are already pending on possessing child pornography.Bail has been set for approximately $1 million.”

Sentencing for man convicted of daycare molestation (Sam Spital)

Posted on December 6, 2012 by Caroline Anderson - Senior Support Specialist

COMMENTARY BY SAM SPITAL, SAN DIEGO CRMINAL, PERSONAL INJURY AND ADMINISTRATIVE LAW ATTORNEY:

“On December 6, 2012, KFMB Channel 8 posted online an article about a 54 year old man who was convicted of child molestation and oral copulation of a 4 year old child. He faces up the 23 years to life in prison. The prosecution alleged the defendant molested the minor when his wife was not present and while she was attending other duties at her home child care business. The defense attorney claimed the charges were false and his client did not touch any child as alleged by the Deputy District Attorney. The story did not go into sufficient facts for one to evaluate the propriety of the arguments, presentation of evidence and/or strength and scope of the defense.

The article reported the eligibility to operate as a day care business at the home in question was suspended. More information regarding the California Department of Social Services, Community Care Licensing Division, can be viewed online at the following link: https://ccld.ca.gov/PG411.htm. Some of the cases that have been cited as precedent by CDSS can be viewed at https://ccld.ca.gov/res/pdf/Precedent.pdf

One can check online to follow the disciplinary status of all professions and businesses licensed in California by a search starting with the identity of the government agency that issues the applicable license (Board of Registered Nursing, Medical Board of California, Board of Psychology, Pharmacy Board, Dental Board, Department of Real Estate, Department of Insurance, etc.) and then enter the name of the person and/or entity.”

Alleged Baby Funeral Scammers Arrested – Similar cases were reported in San Diego last year (Sam Spital)

Posted on December 5, 2012 by Caroline Anderson - Senior Support Specialist

COMMENTARY BY PROFESSIONAL LICENSE, INJURY and CRIMINAL ATTORNEY SAM SPITAL:

“When individuals donate to charitable causes, the last thing they think about is what percentage of the money goes to the actual cause involved after deducting the administrative costs and commission or income to the solicitors seeking the donations. Sadly, the unsuspecting public almost uniformly does not research the “charity” to determine if it is indeed an exempt organization eligible to receive tax-deductible charitable donations. Some organizations will use names that are sufficiently similar to the more commonly known and legitimate entities to trick the public into thinking they are the one intended by the donor or contributor, but in fact are not. It seems the public is hesitant to ask any questions or do a minimal investigation, but will put their hands into their pocket and pull out their money or credit card out of kindness.

It is wise to be alert to a variety of fraudulent practices (such as those individuals who only want to get one’s credit or bank information this way). In addition, when you want to know the percentage of expenses that are taken out of every dollar that is donated, one can easily check online before giving donations. A search online of the named organization and their website should be available. This way one can verify with the posted tax identification number if they are registered as a 501(c)(3) non-profit organization. Then, one can go online to the IRS site to confirm the information, as follows: https://apps.irs.gov/app/eos/. It is noteworthy that in California, the Attorney General’s Office regulates charities and fundraisers (see: https://oag.ca.gov/charities)

On December 4, 2012, the NBC Channel 7 local news posted an article about three individuals who were arrested after they were allegedly holding up signs reading ‘Funeral Donations” with a photo of a baby to solicit donations at a street corner from drivers who came to or stopped at the particular intersection. The unspeakable truth is this was a complete scam for a make believe funeral. Apparently, this was not the first time panhandlers were caught engaging in such schemes. Each of us give donations out of the generosity of our heart, but we also need to be wary because there are in fact charitable scams. Unfortunately, there are people who are unwilling to work for a living to perform legitimate services to earn a wage or salary. During the holiday season, there seem to be more scams than at other times, but one should always be vigilant.”

Man pleads not guilty to sexually assaulting unconscious teen in canyon (Sam Spital)

Posted on December 4, 2012 by Caroline Anderson - Senior Support Specialist

commentary by SAM SPITAL, CRIMINAL DEFENSE LAWYER:

“KFMB Channel 8 TV News on December 3, 2012 wrote an account of an 18 year old man who was accused of having sex with a 16 year old teenager who passed out after binge drinking, who pled not guilty to felony charges of sexual penetration of an intoxicated person. Apparently, the victim was unconscious until the next morning at about 10:00 a m. There were three other suspects involved in the assault, two boys aged 17 and one girl age 14, each of whom are in Juvenile Court facing detention hearings. It was reported all of the individuals knew each other, went to the same high school and lived in the same neighborhood.

The reporter did not seek any further information, so it is unclear what the defense posture will be. The adult in the group faces State Prison for up to eight years.”

Thieves lived off jewelry heists, casino robbery (Sam Spital)

Posted on December 3, 2012 by Caroline Anderson - Senior Support Specialist

COMMENTARY BY San Diego Theft Defense and Criminal Attorney Sam Spital:

“The UT San Diego news reported on December 3, 2012 two leaders of the robbery of multiple high-end jewelry stores and a casino in San Diego were found guilty and now face sentencing. Their crime spree began about a year ago and it was alleged their ‘team’ seized millions of dollars worth of merchandise and cash. Besides Barona Casino, Ben Bridge Jewerlers in Fashion Valley, they targeted expensive jewelry boutiques in malls throughout California, including Santa Clara, Riverside and Orange County.

The article did not include any statements made by the criminal defense counsel, such as either defendant expressing remorse, recognition of wrongdoing, their presentation of closing arguments and/or mitigation. It is likely the sentence will be life in prison. Whether print, broadcast or electronic, the news media in large part fails to provide a balanced account in reporting crimes so that the public is more fully informed.”

–Sam Spital

Oceanside Couple Accused of Human Trafficking – Inez Martinez Garcia, 43, and husband Marcial Garcia Hernandez, 45, allegedly abused a young girl who was smuggled into the U.S. (Sam Spital)

Posted on November 30, 2012 by Caroline Anderson - Senior Support Specialist

“It has been reported that prostitution rings in San Diego are among the worst in the United States and involve young girls from the age of 12 to 14, many of whom are transported over the border from Mexico and others who live in San Diego and often frequent the local shopping malls, who are initially promised by ostensible boyfriends as well as pimps what they hope to have as better opportunities. At the point a child becomes enlightened and realizes the plight she is in, she faces threats and beatings if she tries to leave or escape.

The FBI has reported San Diego is among the eight top cities in the nation for child sexual exploitation. Much of the business comes from free advertisements placed on widely known and commonly used internet sites, while others from newspaper and magazine classified ads. While it is outrageous and despicable to have unsuspecting young children forced into prostitution and other crime, it has become a far too common occurrence in society today.

Sadly, there are increased numbers of dysfunctional families and maladjusted children due in large part because of the stresses of everyday life, vastly rising numbers of divorces, use of drugs and/or the lack of proper and sufficient interpersonal relationships, some of which the latter is believed to be a result of the increased use of and reliance upon email and text messaging.

Parents, counselors, teachers, churches and synagogues need to work together to find and maintain workable solutions to enhance family interactions and social life.

On November 29, 2012, a NBC Channel 7 reporter posted an article online regarding a husband and wife who were arrested for 13 felony counts of aggravated assault upon a 12 year old girl in connection with allegations of sexual and physical abuse, as well as forced labor as a result of human trafficking by the couple. The arresting law enforcement officers confirmed this young child was smuggled across the border from Mexico into San Diego at the age of 12 ‘with promises of a better life and receiving an education.The article did not, however, contain any information or facts related to a possible defense, explanation, or mitigation that might be used by counsel for the two suspects.”

–Commentary by Criminal Defense Lawyer Sam Spital

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