Category Archives: Criminal Defense

Suspect linked to death of woman in Lemon Grove arrested in Oregon Jennifer Krajnak found unconscious by deputies (Sam Spital)

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Commentary by Criminal Defense Lawyer Sam Spital:

“KGTV Channel 10 online News reported on January 6, 2013 a recent investigation by law enforcement revealed Casey Tschida as the name of the 32 year old suspect in the killing of Jennifer Krajnak. The suspect was an acquaintance of the 30 year old victim and was just arrested in Portland, Oregon at his mother’s house. He will soon be extradited for these charges in San Diego. According to the report, the suspect and the victim were at a bar shortly before the killing; each left separately at about 2:00 a.m., and apparently Jennifer was approached by the suspect as she was walking home; she was found dead shortly thereafter in the front of her home.

The article did not contain any more information relating to the victim nor the attacker. It strains credulity how little information is gathered by reporters today , whether print or electronic The traditional journalist would not only seek as much background information as possible, but sufficient facts to provide a balanced account. Lacking any of the above, it is a challenge for anyone desiring to make a comment to offer much value to the reader of an article and/or viewer of this or any other such news story.

Nonetheless, there are various crimes that can be charged in a homicide, including murder one that is premeditated; murder two that is in the heat of passion; voluntary manslaughter is a killing that lacks malicde aforethought; and, involuntary manslaughter, which is a death as a result of reckless misconduct. In addition, there may be legal defenses, such as self-defense that can negate the finding of a criminal offense, as well as extenuating circumstances and/or mitigation that can bear on the sentencing of a defendant in such a case.”

–Sam Spital

CHILD PORN SWEEP FOR SUSPECTS NETS SEVEN IN COUNTY – 245 arrested across 35 states recently; no victims locally (Sam Spital)

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Commentary by Sam Spital, Criminal and Sex Crime Defense Attorney:

“UT San Diego news reported January 4, 2013 that Homeland Security Investigations (HIS), U.S. Immigration and Customs Enforcement (ICE) and the Center for Missing and Exploited Children (NCMEC) participated in a national child predator sweep entitled Operation Sunflower in which seven individuals in San Diego were arrested for 20 felony charges of attempted molestation of a minor under age 14, along with distributing and possession of child pornography. It was revealed that one of the children was 19 days old and five of the victims were under age 3. The defendants range in age from 25 to 57, and one was listed as a teacher in the Chula Vista Elementary School.

The article did not contain any other details regarding the suspects, the presence or lack of a criminal history, nor any discussion regarding possible arguments on behalf of the individuals, mitigation and/or evidence of remorse. It strains credulity that far too many stories fail to provide a balanced account of a totality of the facts and circumstances. Perhaps on a re-examination of the underlying goals in publishing news that fully informs the public the editors will require a full and complete report.”

–Sam Spital

Sketches released in kidnapping attempt (Sam Spital)

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Commentary by Criminal Defense Attorney Sam Spital:

“The San Diego County Sheriff’s Department produced sketches of three suspects in an attempted kidnapping about 1:30 p.m. of an eighteen year old woman according to the UT News on January 1, 2013. It was revealed in the article that the teenager was pulled into the cab of the pick up truck by one man when she refused his orders to get inside. The article noted the bed of the truck was loaded with gardening equipment, and two of the male suspects were described as Latino while the third was either white or Latino.

The story did not include any more information relating to the 18 year old girl nor the location to where she was walking, except I believe the incident took place in an area of Encinitas (a city adjacent to San Diego) where the homes range from $750,000 to well above $1 million. Kudos go to the young girl who fought off the three suspects, biting one of them in his ear and punching the other two and then was able to get out of the truck and run for help. One can only speculate as to what might have happened to the teenager had she not resisted the suspects. This is certainly an example of how promptly using self-defense measures can protect one and prevent much greater harm from taking place.”

–Sam Spital

Police officer seriously injured in crash Patrol vehicle hit by suspected drunken driver (Sam Spital)

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Commentary by Sam Spital, San Diego Personal Injury Attorney:

“A patrol car driven by a San Diego Police Department officer at approximately 2:30 a.m. was struck by a pick-up truck whose driver admitted he was driving under the influence (DUI). The UT News on December 30, 2012 reported the police officer was badly hurt with broken bones and internal injuries requiring surgery. The crash occurred a little over an hour after another collision in which it is believed the driver was also under the influence and killed another individual in a head on accident.

It strains credulity to believe anyone would risk the life of another and/or themself by driving after drinking an alcoholic beverage, albeit the male driver of the pick-up truck in the above collision reportedly had no injuries. Unfortunately, at this time of the year in celebrating the New Year holiday far too many individuals stay out late at night and may not realize they are fatigued and possibly drowsy, they drink at a party or gathering but fail to use a designated driver or take a taxi cab when they are ready to go home.

It seems likely in the not too distant future there will be ignition interlock devices (IID) in not only those automobiles in which the driver has been convicted and the Judge has ordered the installation of the device https://www.dmv.ca.gov/pubs/brochures/fast_facts/ffdl31.htm, but in all vehicles to prevent the huge number of fatalities and serious injuries caused by DUI drivers. Remembering back several years ago, there were objections to seat belts being placed in automobiles and laws that soon were enacted that required they be used or it was deemed a violation of law. This historical perspective may be used to justify the IID since it too can prevent DUI related auto accidents.”

–Sam Spital

Mom pleads guilty to drowning autistic son (Sam Spital)

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Commentary by San Diego criminal lawyer Sam Spital:

“In the December 28, 2012 edition of the UT San Diego news, a 37 year old mother pled guilty to second degree murder for drowning her 4 year old autistic son. This is the case in which the mother drove to the police station with her lifeless infant in her car and confessed to the horrific crime shortly after the incident. The unforgivable motive for the killing seems apparent because the mother stated she had no life since she had to take care of her son. The article also revealed the mother unsuccessfully tried to drown herself.
The sentencing hearing is scheduled for January 28th at which point the mother faces 15 years to life in state prison for drowning her son. Little is known about the mother, including her mental state, past family, employment and social history, nor who is the father of the infant child. Some of these factors may be disclosed at the time of the next hearing. These will never excuse the actions of the defendant, but often assist the court in determining the nature and extent of a sentence in a criminal case.”

 

 

Hotel rape suspect arrested, linked to park assault (Sam Spital)

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Commentary by Criminal Attorney Sam Spital:

“The UT online edition of the news on December 27, 2012, reported a previous rape suspect was now arrested for assault, rape, attempted murder and false imprisonment of a hotel housekeeper. The 44 year old offender who was released after an arrest for rape in October due to insufficient evidence, was reportedly linked by DNA to both the previous and current vicious crimes.

The defense attorney may be faced with what is often irrefutable DNA evidence establishing guilt, however, that still leaves open the issue regarding the penalty for the crimes. This is a significant area for the experienced lawyer to set forth with compelling evidence the elements of remorse, if any, as well as mitigation.

As a criminal defense attorney, it is my considered opinion that a sentence should depend upon multiple factors and not just the proof of a crime. Here is the opportunity to view the entire panoply of facts, issues and history regarding both the crime and the defendant. For example, the life and social history of the defendant as well as the lack of any prior jail &/or prison sentence are material facts and certainly highly relevant to the disposition of a case.”

La Mesa resident prevails in illegal search case (Sam Spital)

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Commentary by San Diego Criminal Defense Lawyer Sam Spital:

“The North County News on December 25, 2012 published this article regarding a three Judge panel of the U.S. Circuit Court of Appeals, for the 9th Circuit that held a police officer cannot gain entrance to a person’s property or home in pursuit of a possible misdemeanor suspect without first obtaining permission or obtaining a search warrant. To do otherwise, the panel of the Court ruled is a violation of the Fourth Amendment of the U.S. Constitution that prohibits unlawful searches and seizures. The historical exceptions in the law allow the police to enter private property when in ‘hot pursuit’ of a fleeing suspect believed to have just committed a serious felony, the possible destruction of evidence and/or when the police or the public are in imminent danger.

The underlying facts are that the La Mesa Police were called because of a fight on a neighborhood street in this community that is adjacent to the City of San Diego. However, when the police arrived, there was no fight in progress and three individuals were walking away in the opposite direction of the police. An officer yelled ‘Police’ but one of the individuals did not stop and walked inside a gated fence surrounding a nearby home. The officer reportedly kicked in the gate and it struck a woman who was standing on the inside. The force knocked her to the ground and she sustained a concussion, was unconscious and then taken by ambulance to a local hospital for surgery. She sued the officer and the City of La Mesa for $500,000, but the case was dismissed by the U.S. District Court. When the particular suspect was caught he did not possess any weapons and there reportedly was not sufficient evidence a crime had taken place or was ongoing. Accordingly, the panel of the Court held there was no imminent danger to the officer or anyone else and, therefore, ordered the case be reinstated. The next step is for the full 9th Circuit Court to review the matter and if that produces an unsatisfactory opinion the case can be appealed to the U.S. Supreme Court; otherwise, it will be sent back for a trial on the merits.”

–Sam Spital

Twin brothers accused of scamming local sports fans (Sam Spital)

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COMMENTARY BY SAM SPITAL, SAN DIEGO CRIMINAL ATTORNEY:

“KFMB Channel 8 CBS online news contains an article written on December 19, 2012 in which two 62 year old brothers were accused of conspiracy to commit mail and wire fraud. The story revealed a similar scam and their conviction in 1990 for group tours that were never provided to high school and middle school students, which resulted in the sentences of 27 to 30 years in state prison and restitution of over one-quarter million dollars. If convicted in the current criminal case, the twins each face up to 20 years in state prison as well as fines of at least $250,000.

Lacking even a scintilla of evidence of remorse, rehabilitation and extenuating facts and circumstances, the reporter went to the home of the two brothers, but no one came to or answered the door. A neighbor reported the brothers were friendly and took care of their elderly mother. The defense will likely assert the defendants did not have sufficient business experience, among other things, to follow elementary principles of accounting and maintain all funds received in a trust account, pay for costs and expenses as incurred or bills were received, and to employ sufficient and experienced employees in order to deliver on their contracts as well as to promise only what they were certain they could achieve.”

 

WOMAN KILLED; GIRL, 8, IN COMA (Sam Spital)

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Commentary by San Diego Homicide and Criminal Defense Lawyer Sam Spital:

“UT San Diego News reported on December 19, 2012 a 28 year old suspect and acquaintance was arrested in the murder of a 41 year old woman in her Vista apartment, a community in the north part of San Diego County. Also, her 8 year old child who was in the apartment at the same time was seriously wounded, taken to the hospital in critical condition.

The article did not establish any basis or motive for the attack, information regarding the perpetrator such as criminal history, nature and extent of his relationship with the victims, explanation, possible mitigation and/or remorse. These are not only elements that assist one in reading a balanced account, but without such details it is more challenging to comprehend the underlying cause(s) that led to the crime. A criminal defense attorney would likely employ an experienced private investigator to obtain this extremely important information and perhaps retain a forensic expert to assist in the strategy and analysis of legal counsel.”

– Sam Spital

4 suspects arrested in Chula Vista home invasion robbery (Sam Spital)

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“On December 16, 2012, the online edition of KFMB Channel 8 posted a story regarding a 1:30 a.m. Chula Vista home invasion that resulted in 4 suspects being arrested for robbery, firearms-related charges and conspiracy. The officers were led to the suspects by cell signals and calls made after the alleged crime from an iPhone among other things stolen from the victim.

The reporter did not include any information relating to the background, occupation and/or employment, nor presence or absence of any criminal history of the suspects, only that there were two females and two males, two of whom were 20 and one was 28 while another was age 24. Each of the defendants will be appointed a Public Defender if they do not retain private counsel. Due to a probable conflict of interest, each of the defendants should and, therefore, will have separate attorneys. The role of defense counsel is to investigate the charges, analyze the facts and develop a defense strategy. It is automatic that a criminal defense attorney must safeguard the rights of his client both as to the procedures involved in the case and the elements of the charges. In addition, one should advance a preemptive and offensive attack on the evidence as well as to raise proof of mitigation, and possibly remorse and rehabilitation, if any.”

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BBB 10.0Samuel Eugene Spital
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