Category Archives: Criminal Defense

Man accused of trying to sacrifice child at cemetery found mentally competent to stand trial

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COMMENTARY BY SAN DIEGO CRIMINAL ATTORNEY SAM SPITAL:

“KFMB Channel 8, CBS News on November 7, 2012 reported the father of three children, ages 18 months, 3 and 8 years old, has been determined mentally competent and, therefore criminal court proceedings were reinstated after he was arrested e

arlier in the year for attempted murder and felony child abuse and was accused of trying to sacrifice them at a grave site of another family member, after having everyone drink sangria and eat energy bars, and being heard saying ‘The Last Supper, they’re my kids. They’re going to Jesus.’Certainly this is a bizarre incident and one that lacks understanding or explanation. The Deputy Public Defense allegedly had no comments or they simply were not included in the article by the reporter. It is conceivable she will claim insanity as a defense, which is not inconsistent with the court’s determination the defendant is competent to stand trial, meaning he can understand the charges and assist his attorney in the defense, but he either did not know what he was doing was wrong or was unable to understand the nature and quality of his act when he committed the offense. If there is an acquittal by reason of insanity, the defendant is not released from custody but he is committed to one of the California Mental Institutions, which can even be for a longer period of time than he would have received had he been found guilty of the crime charged.”SAM SPITAL, CRIMINAL DEFENSE ATTORNEY

Prop. 36 Passes; Will Modify California Three Strikes Law (Sam Spital)

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COMMENTARY BY CRIMINAL DEFENSE ATTORNEY SAM SPITAL:

“In Wednesday’s November 7, 2012 NBC Channel 7 news online, the result of the election regarding Proposition 36 was announced in which the California voters agreed the 1994 three strikes law should be modified. The measure changed the law that has allowed sentences for third time offenders even if the third offense was not a violent felony, such as a residential burglary. In short, any third felony could previously be used as a basis for life imprisonment. Now, life sentences without parole can only be imposed if the third criminal conviction is deemed ‘serious and violent’ or in cases regardless of the minor nature of the felony if the offender previously committed murder, rape or was a child molester.

Everyone knows the State of California is facing near bankruptcy with deficits of billions of dollars. In addition, there is a federal court Order requiring the state prisons to reduce their population, resulting in the transfer of huge numbers of inmates to local county jails. The proponents of Proposition 36 used the overcrowding as one of their arguments against sentences for life in prison without parole. It seems the pendulum has shifted from protecting the public from habitual criminals to focus on the escalating costs of our penal system.

As a result, there are about 3,000 inmates serving life sentences who will be able to petition the court for an early release from State Prison or obtain a shorter term. Opponents fear crime will increase since habitual offenders will no longer be locked up after their third felony. Clearly, the Superior Court Judge had the discretion to strike one of the previous strikes (‘strike a strike’) if he did not feel life imprisonment would be appropriate, and that indeed has been my personal experience as a San Diego criminal defense lawyer. Only time will tell if the scourge of felony crimes will increase.”

SAM SPITAL, LAWYER

 

 

Sex offenders remain free after violations – Nearly 500 avoid re-incarceration, prison department calls it ‘a small number’ (Sam Spital)

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COMMENTARY BY CRIMINAL DEFENSE ATTORNEY SAM SPITAL:

“The article published in the UT San Diego news on November 6, 2012 described the potentially unintended result of the October, 2011 legislation that authorized a transfer of inmates from California State Prisons to local County Jails. Thereafter, many were released, later violated the law but were not placed in custody. In particular, nearly 500 sex offenders were arrested, but were not jailed because of the lack of space in local facilities.

This is an extremely serious problem since the band aid approach to incarceration has raised huge concerns for the public safety. The reporter noted an example of one registered sex offender who violated parole, yet was not send back to prison before he killed two teenagers in San Diego. The conundrum facing the judicial system is trying to evaluate inmates for parole or probation and discern which ones represent the least risk of recidivism, as it is hoped our penal system helps them rehabilitate to become productive citizens in society. The challenge is to balance the desire to provide a ‘second chance’ with those examples of inmates that cannot be trusted and become repeat offenders.”

SAM SPITAL, Criminal Defense Lawyer

 

EXCLUSIVE: Crime Spree Suspect’s Family Speaks -Former firefighter Philip Hernandez, 40, went on a violent, three-day rampage across San Diego and was ultimately killed in a police shootout (Sam Spital)

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COMMENTARY BY CRIMINAL DEFENSE ATTORNEY SAM SPITAL:

“NBC 7 News reported in its November 5, 2012 online edition a former Riverside, California Fire Department officer of ten years who was age 40, went on a violent crime spree over a period of three days in San Diego with his newly married 18 year old wife in which there was an ‘execution style’ murder of an off-duty SDPD officer shot in the head at an ATM machine in Escondido. The police officer previously arrested Hernandez for having sex with a minor. In addition, there was another shooting, carjacking, robberies, and arson of several vehicles.

The former Chula Vista High School graduate had served in the US Army in Iraq was killed during a police shootout. The teenage accomplice said she and the former firefighter were married this summer when she was only 17 even though she alleged he raped her when she was 16. Other firefighters and family members were all in shock at what they claimed was totally uncharacteristic of him. The family believes Hernandez could not handle the sexual abuse charges and reacted with this aberrant behavior. The family and friends of the various victims, as well as that of the police officer who was killed, and the former firefighter and his teenage wife will be scarred forever as a result of such a horrific series of crimes. The teen suspect faces various charges including robbery, carjacking and making criminal threats, which carry up to 19 years in State Prison.”CRIMINAL DEFENSE ATTORNEY SAM SPITAL

Many death row inmates oppose bid to halt executions (Sam Spital)

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Commentary by Sam Spital, San Diego Criminal Defense Attorney:
“Published today, November 2, 2012, in the Los Angeles Times, the writer addressed next week’s election in which if passed, Proposition 34 would replace the death penalty with life in prison without parole. While it might seem unusual that opponents of Prop 34 that would abolish capital punishment include both death row inmates and law enforcement, they oppose the measure for opposite reasons. These inmates do not want to give up their right to have legal counsel paid for by the State of California handle their appeals as they would be treated differently if the Proposition were to pass. Law Enforcement believes the death penalty is a deterrent to those prone to criminality and do not want it banned.The Director of the group opposing this measure said:  ‘If you are thinking you are going to get your conviction overturned, you certainly have a better chance if you are sentenced to death rather than life because you are provided with more legal assistance…’  The death row inmates claim they need state-paid attorneys to investigate their criminal case and to thereafter file Petitions for Habeas Corpus, which is the legal process to present evidence that was not heard by the Superior Court during their trial, but can be presented to the U.S. District Court and through the federal court system after exhausting their appeals to state court.The fact remains that courts rarely overturn and set aside death penalty verdicts. On the other hand, California has put to death 13 convicted murderers since 1978, and has not executed anyone in the past 6 years.”

Scout files show abuse in county – During sleepovers to “work on merit badges,” molestation occurred (Sam Spital)

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COMMENTARY BY SAN DIEGO CRIMINAL LAWYER – SAM SPITAL:

“On Thursday, November 1, 2012, the UT SAN DIEGO NEWS reported thousands of Boy Scouts of America (BSA) files were released in which lawsuits were brought by and/or on behalf of abused boy scouts alleging the leaders of the BSA were liable for failing to protect them. Between 1970 and 1991, there were about 10 individuals from San Diego among ‘nearly 1,900 known or suspected child molesters’ who were expelled from BSA. In addition, a Seattle, Washington lawyer that filed over 150 lawsuits stated ‘the organization didn’t do a good job of vetting volunteers before they were allowed into the organization or catching and reacting to sexual abuse allegations against volunteers who were working with scouts.’

It is both appalling and heartbreaking for enormous numbers of innocent young boys to have experienced sexual abuse from leaders they looked up to as models to train them in self-confidence, self-esteem, ethics, and citizenship skills in the service of others and to become responsible adults. The taint associated with the BSA reflects adversely on its long history of doing good deeds and performing well for society as a result of its failure to properly and fully investigate, evaluate, supervise and monitor its volunteers to prevent even a suggestion or possibility of sexual abuse. Parents need to clearly know and be able to undeniably trust those with whom they allow their children to be involved.”

 

 

Chula Vista teacher accused of sex with ex-student (Sam Spital)

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COMMENTARY BY CRIMINAL DEFENSE ATTORNEY SAM SPITAL:

“On October 31 2012, Fox Local News reported a 32 year old ninth grade English teacher at a Chula Vista High School, a suburb of San Diego, was arrested for a several-year long sexual encounter in which he was charged with fourteen (14) counts of oral copulation upon a girl who was 16 at the time.

The teacher was on the list of top 10 finalists for Teacher of The Year award, and a School District spokesman said “it’s a big shock and surprise for us.’ This pattern of sexual abuse cannot be tolerated by any adult upon a child, and it is despicable for a person in a position of trust to cross the line and lose his respect for the student, himself and the profession.

Unfortunately, the teacher could not maintain his boundaries. At this time, no one has come forward as his lawyer to offer any information. However, the teacher’s career may forever be damaged, and his teaching credential revoked by the California Commission on Teacher Credentialing through their disciplinary process if the facts are proven (https://www.ctc.ca.gov/pdf/2011-07-11-presentation.pdf). While not offered as a defense, the sexual relationship apparently involved a student that never had the defendant as a teacher.”

CRIMINAL DEFENSE ATTORNEY SAM SPITAL

 

 

UPDATE:

“The teacher has since been released from County Jail after the D.A. needed more information on the case and decided they would not file the sexual abuse charges. It is possible the alleged victim has given inconsistent statements &/or lacks substantial credibility to corroborate the offense. This is not uncommon and it underscores the importance of not reaching any conclusions by the mere fact someone has been arrested. We all know a person is innocent until proven guilty and in a criminal case the prosecution must prove its case beyond any reasonable doubt.

The District Attorney has up to one year to file a misdemeanor charge and two years for a felony.”

SAN DIEGO CRIMINAL LAWYER SAM SPITAL

Robbers Dressed as Cops go on Crime Spree throughout San Diego

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COMMENTARY BY ATTORNEY SAM SPITAL:

“On October 29, 2012. KFMB-TV (Channel 8) and CBS online reported police are investigating a crime spree in which two robbers were wearing security officer type clothing with the word “police” and a badge in three separate incidents. One actually took place across the street from my Mission Valley office in which the thief identified himself as a police officer and robbed a man in the parking lot outside a local bank. Later the same day, another robbery took place outside a credit union in Escondido when an off-duty San Diego Police Officer was using an ATM machine, and as the thief who wore a hat with the word “police” imprinted took off he shot the officer. There was yet another and third robbery in the Oak Park community of San Diego in which two individuals hijacked a vehicle in a parking lot of the mall as they wore vests with the word “police” on them and were armed with guns. As we face a significant economic crisis in America, crime is on the rise in various parts of the country. Hence, all of us need to be more vigilant than ever before.”

ATTORNEY SAM SPITAL

Police, bomb squad respond to arsenal in car trunk

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commentary by SAM SPITAL, criminal defense lawyer:

“Officers of the San Diego State University arrested an underage individual who purchased alcohol at a CVS store using a fake ID, as reported in the UT online October 29, 2012 edition of the local newspaper. The police officers found a hugearsenal of weapons in his car trunk, including six shotguns and two rifles; in addition, there was a can of gasoline. It strains credulity to believe anyone would under any circumstances be in possession of such items in the quantity described in the article. Little more was reported, making it a challenge to provide an analysis or opine on a defense strategy.”

SAM SPITAL, Criminal Defense Lawyer

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

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