Category Archives: Criminal Defense

PREGNANT TEACHER TO BE LET OUT OF JAIL – Woman who had sex with teen will be freed early for birth

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https://www.utsandiego.com/news/2013/feb/07/tp-pregnant-teacher-to-be-let-out-of-jail/

“According to the UT San Diego news on February 7, 2013, a teacher at the New Haven Youth & Family Services in Vista, a residential and educational facility in the northern part of San Diego County that treats boys from about 8 to 17 who suffer from emotional and behavioral challenges, was charged with having sex with a 16 year old former student at the facility. The Court ordered 35 year old Kelly McKenzy Watson, to be incarcerated in County Jail for one year with probation for 3 years. Although the Judge did not require her to register as a sex offender (RSO), he did include in his Order that she not work with minors in the future.

The article revealed the teenager had not considered himself a victim, he cares for and did not want the soon to be mother of his child to go to jail, and he wants to be involved in the life of their child. The Judge noted that Watson would be released from jail early in consideration for the health of the unborn child, and if she successfully completes probation Watson will not serve the remainder of her jail sentence.

It is clear such a sexual relationship is inappropriate, inexcusable and illegal. This conduct cannot be condoned in society, particularly since teachers hold a position of trust. In reviewing many of these cases, however, there does not appear to have been deviant sexual behavior, and the individuals have often evinced a strong bond of love and affection. On September 5, 2012, the Commission on Teaching Credentials suspended Watson for this misconduct pursuant to Education Code section 44940.. There are many unintended consequences in this tragic story, and in particular the loss of a Special Education teacher who are otherwise much needed in the school system. Click this link for the licensing status of the former educator who received her initial teaching credential in 2004:

ARRESTED BOY, 14, ADMITS TO VANDALISM, FIRES (Sam Spital)

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COMMENTARY BY ATTORNEY SAM SPITAL, SAN DIEGO CRIMINAL DEFENSE LAWYER:

“On February 6, 2013, the UT San Diego electronic edition reported that a teenager was arrested for arson and vandalism of a Day-Care Center, causing about $70,000 in damages. The suspect was shortly thereafter booked into Juvenile Hall.

The reporter did not reveal whether she contacted the parents, the school and/or any friends of the boy to ascertain whether he was having any challenges in school, with his peers and/or home environment. It would not be unusual for there to have been previous signs and/or indications that therapeutic intervention was necessary and appropriate. What motivated this 14-year old to do these types of crimes is however unclear, but the boy admitted to the charges.

Many therapists and forensic experts have opined that often individuals with rage and aggression also have a lack of impulse control, and these crimes are their way of crying out for help so their life can be different. Unlike others in society, they have no healthy way to express their overwhelming anger. Sadly, these types of crimes often progress beyond significant property damage cases but can lead to serious injury and even death.

If the family cannot afford private counsel, the Judge will appoint a Deputy Public Defender to represent the boy. The goal is rehabilitation and not just punishment and to deter others from committing crime. The strategy of defense counsel will initially be to perform a thorough investigation as well as to obtain a forensic evaluation.”

–Sam Spital

Husband arrested in 2004 Westminster killing (Sam Spital)

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COMMENTARY BY SAMUEL SPITAL, CRIMINAL HOMICIDE AND DEFENSE LAWYER

“On February 4, 2013, the Orange County Registrar published a digital article in which a husband was arrested in connection with a cold case investigation for the death of his wife about nine years ago. According to the story, this was a brutal murder in which the wife had her throat slashed and her head was nearly decapitated. All of this happened in the early morning hours when the 17 year old son was tied up and placed in a his bedroom closet by another suspect. It was further revealed that the husband had previously pled guilty to spousal battery and attempting to dissuade a witness (the victim in the current criminal case), then being sentenced to one year in County Jail and formal probation for five years.

Either the author did not interview the investigating officers more thoroughly or the Police and District Attorney declined to provide any further details as to the underlying evidence that led them to arrest the defendant for the vicious killing after so many years had intervened. Defense counsel will undoubtedly perform a painstaking investigation given the substantial intervening period of time from the incident and the current filing of the criminal charges, as well as raise various pre-trial motions and to establish the defense strategy.

It is interesting to note the husband was not arrested after so many years even though the the spouse is generally considered the first and often the primary person of interest in a murder; when this nexus is coupled with the previous conviction for domestic violence along with the type of and manner of killing, there would seem to have been other circumstantial evidence as well to link the husband to the crime even if no eye witness, including but not limited to DNA. However, the spouse may have had an alibi, he may not have used the knife in question and/or his participation in the crime as a co-conspirator could not have previously been established beyond any reasonable doubt. If the defendant does not have the means to retain private counsel, a Deputy Public Defender will be appointed.”

–Sam Spital

• Tattoo Shop Manager Fights for His Life in Robbery Attempt (Sam Spital)

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Commentary by San Diego Robbery Defense and Criminal Attorney Samuel Spital:

“On February 4, 2013, NBC Channel 39 reported the manager of Classic Tattoo in El Cajon, a city to the east of San Diego used martial arts to save his life from two robbery suspects who pistol-whipped him at about 2:00 a.m. The manager sustained serious injuries to his head when he was hit several times with a gun. The robbery suspects tried to take money from his pocket and his motorcycle, but the manager said ‘I put him in a guillotine, disarmed him and tried to get him out of the shop [at which point both robbers ran away].’

There were no other details relating to the case, including the type of weapon(s) used by the robbers, nor whether the business had video cameras &/or whether a description of the suspects was provided by the manager. As our economy continues to fall and there continues to be greater unemployment, even businesses that historically have not been targets of crime because they do not maintain large amounts of money or valuables now have to be vigilant. It is clearly worthwhile today for all types of businesses to install Video Surveillance Systems as one of the more common tools to safeguard their operations and property, let alone their own personal safety. Excluding the owner(s) of a business, there is workers’ compensation insurance available for temporary and permanent injuries sustained by employees and which is required by law. Many homeowners are also giving greater consideration to the installation of home security systems, which have become less expensive due to the wide variety being mass produced and sold by big box stores.”

Suspect accused of killing California doctor was a patient with an appointment (Sam Spital)

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COMMENTARY BY SAM SPITAL, Criminal Defense Lawyer, San Diego:

“The Fox.com news reported on January 30, 2013 that a 52 year old Newport Beach Urologist, Dr. Ronald Gilbert, was shot and killed by a 75 year old patient who had a scheduled appointment and brought a handgun with him into the exam room and fired multiple times. The article noted that the murder suspect had not previously seen Dr. Gilbert, but he had suffered from incontinence after a recent surgery although it was not revealed who performed it.

Two neighbors were interviewed and one said the accused claimed: ‘I had surgery and now I am worse than before the surgery.’ Another neighbor said he declared: ‘he wasn’t going to be around much longer.’ These facts and more may be the basis of the prosecution arguing this was a premeditated murder. The defendant can face life in prison or the death penalty.

In 1972, the California Supreme Court outlawed the death penalty. However, the California Constitution was modified through the voter-initiative process passing Proposition 17, thereby reinstating the death penalty. The statute was subsequently modified making the death penalty mandatory for specified crimes including murder one with special circumstances. Only a voter approved ballot measure can alter this statute, and in 2012 when the California voters had the opportunity to do so with Proposition 34, they rejected doing so by 53%.

At the time of the arraignment, the Defendant told the Superior Court he did not have the financial means to hire a private attorney, and the Judge set the matter over so that a Deputy Public Defender would be appointed on his behalf.”

–Sam Spital

SUSPECT IN SLAYING ARRESTED AFTER HUNT (Sam Spital)

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Commentary by Criminal Law Attorney SAM SPITAL:“On January 30, 2013, the UT San Diego electronic edition published an article about a Riverside County 22 year old murder suspect who was arrested the previous day by the San Diego Police. He was identified as Matthew Rowley and reportedly in San Diego. After several hours, the alleged shooter was located with the use of a police helicopter and specially trained dogs who aided in the search; he was then taken into custody for the shooting death of 20 year old Corona resident, Daniel Stordahl.

The staff writer did not include any further information regarding the homicide victim, his family and any possible connection with the murder suspect. In addition, there was nothing further reported regarding the shooter to help determine any possible motive for the killing or surrounding facts and circumstances. It is unfortunate that very little is provided for the reader to have a balanced report rather than a story that simply identifies an event as if nothing more is important.

The role of the defense lawyer at the outset will undoubtedly be to investigate all of the facts in order to develop a plan of action and strategy to represent a client who is charged with murder. One or more private investigators will be employed as well as forensic experts. A Deputy Public Defender at County expense is assigned to a case when an individual does not have or cannot afford a private attorney.”

–Sam Spital

Navy officer murdered in Mission Valley apartment; brother in jail (Sam Spital)

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Commentary by San Diego Homicide Defense and Criminal Law Attorney SAM SPITAL:

“On January 29, 2013, the digital edition of CBS Channel 8 news reported the 21 year old brother of the victim who was killed over the past weekend was arrested for first degree murder. Jonathan (Jake) Tenorio was 25 years old and found stabbed to death; he was from Guam and an Officer in the Navy.

Other news sources reported Jonathan was an Ensign who was serving on the San Diego based missile carrier Bunker Hill, was recently married and a U.S. Naval Academy graduate in Annapolis.  The brother who is now a suspect in the killing had just arrived in San Diego from Guam for the World Professional Jiu Jitsu Championship Trials.

While condolences go out to the family members, there was very little information presented by the author of the news piece about the victim. The story causes one to have mixed feelings in that it strains credulity to believe there could be any justifiable motive and/or possible explanation for a family killing, particularly that involving young, adult siblings. This shocking news, however, tends to point out the escalating life challenges, anxiety and stress that often underlie the increased number of crimes in what otherwise can be considered quiet neighborhoods that in the past have had few homicides if any.

The criminal defense lawyer will likely retain an experienced forensic team as well as private investigators to gather the facts to be in a position to better strategize the steps it will take in the criminal case.”

–Sam Spital

 

Church Arson Suspect Known to Priest – Suspect Darin Williams, 38, was arrested in connection to the blaze (Sam Spital)

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Commentary by Sam Spital Criminal Defense Attorney:

“A 4:00 a.m. Sunday fire that seriously damaged a Greek Orthodox Church in an amount estimated to be a ¼ million dollars in El Cajon, an adjacent city to San Diego, was reported in the digital NBC Channel 39 news on January 28, 2013 . The story revealed the suspect in the arson, 38 year old Darin Williams, has a history of being institutionalized, in out of mental hospitals. He was arrested for arson, burglary and a hate crime. Fortunately, the fire occurred at a time when no one was inside the Church that was founded about 20 years ago.

The reporter did not personally offer nor seek an opinion from a forensic expert on the motive of the suspect with whom other church members were aware. It was also known that the Reverend allowed him to live on the grounds, had received his checks and was paying his bills. It is evident Williams needed more than spiritual guidance for his mental illness. This story is a further example of a far too common situation in which an individual fails to be accountable for his apparently overpowering challenges; even more importantly, it evinces how others with whom he came in contact failed to insist upon him obtaining ongoing therapy and psychiatric care to safeguard against this and similar devastating scourges repeatedly taking place in society today.”

–Sam Spital

POT DEALER TO DO 8 YEARS IN FEDERAL PRISON (Sam Spital)

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COMMENTARY BY SAN DIEGO CRIMINAL DEFENSE LAWYER, SAM SPITAL:

“On January 24, 2013, according to the UT San Diego electronic news, U.S. District Judge Irma Gonzalez sentenced 32 year old Joshua Hester after a guilty plea to more than eight years in Federal Prison for money laundering, maintaining a drug-related business, conspiracy to distribute more than a ton of marijuana, and other charges. The Federal Government lawyer argued and the Judge agreed in imposing the sentence that Hester operated a multi-million dollar business in two medical marijuana dispensaries and used the state law to seemingly shield his operations for dealing in the sale of illegal drugs.

In 1996, Proposition 215 was passed in California as an Initiative (commonly known as the Compassionate Use Act of 1996. The purposes of the Act are to ensure seriously ill individuals have the right to obtain and use marijuana for medical purposes as long as the medical use is deemed appropriate and has been recommended by a physician who has determined the health of such individuals will benefit from the use of marijuana in the treatment of medical disorders and diseases such as cancer, AIDS, chronic pain and arthritis,  migraine headaches and/or any other illness for which marijuana is deemed to provide relief.

Essentially, under California law, one can use marijuana for medicinal purposes as long as there is a recommendation by a physician.  In addition, the Medical Marijuana Program (MMP) was established in 2003, pursuant to Senate Bill number 420 that was passed as an extension and clarification to provide qualified patients and their caregivers a registration program and the issuance of a voluntary medical marijuana identification card. The problem is that since 1972, the United States Congress has listed marijuana in Schedule I of the federal Controlled Substances Act, which means that it has no accepted medical use and is illegal under Federal law. Since that time, however, 17 of states and the District of Columbia have legalized the medical use of marijuana given the opinion that medical marijuana dispensaries are operated for the public good to serve those who are seriously ill and as such have found relief from marijuana. The debate will continue as long as there is a conflict in State and Federal law.”

–Sam Spital

EX-BORDER PATROL UNION BOSS FIGHTS FRAUD CHARGES – Attorney files slew of motions attacking charges that he defrauded union for years (Sam Spital)

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Commentary by Federal Fraud & San Diego Criminal Defense Attorney Sam Spital:

“The digital edition of UT San Diego, formerly known as San Diego Union Tribute, published on January 22, 2013 a story concerning T.J. Bonner who previously led the nation’s Border Patrol labor union for two decades and was charged with Wire Fraud and Conspiracy, although his lawyer is now contesting both the prosecution case and procedures used to obtain an indictment sought by the U.S. Attorney who is claiming the defendant defrauded the union out of hundreds of thousands of dollars.

The article revealed the Government’s attorney responded to the pretrial motions attacking search warrants served on Bonner by asserting the warrants were valid and the evidence seized from his home are admissible. On the other hand the reported noted that the defense lawyer is seeking to dismiss the charges that Bonner submitted false claims for travel, meals, professional sports game tickets and reimbursement for wages; the defense contends the expense claims are legitimate because they were directly related and incurred while the defendant was working on union business. This will be a highly contested matter given the union boss has held a public role in which he served as an aggressive advocate for union members and in doing so was a powerful critic of government policy.”

–Sam Spital

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BBB 10.0Samuel Eugene Spital
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