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Jury selection under way in Paradise Hills Craigslist slaying

Posted on October 24, 2012 by Caroline Anderson - Senior Support Specialist

Commentary by Sam Spital, San Diego Criminal Attorney:

“On October 23, 2012, the ABC news online edition reported the trial of three teenage gang members began by with the initiation of jury selection. They are charged with murder, robbery, auto theft and shooting into an occupied vehicle; there also is a special allegation that the crimes were committed for the benefit of a street gang. The victim was a college student who in 2010 graduated from La Jolla High School, who responded to a $600 computer for sale on Craigslist. After being lured to a South Bay residence, one of the defendants is reported to have pulled out a gun and demanded the victim’s money. When the defendants drove away, the victim followed. Soon thereafter, one of the defendants fired into the victim’s automobile, shot the victim who was taken to but died at a local hospital.

The defendants face between 50 and 60 years in prison for the crimes in question. Unfortunately, the reporter did not relate a discussion with any of the defense counsel to provide an account of a possible defense or mitigation. Perhaps in the days that follow, a more fair and balanced article will be forthcoming.”SAM SPITAL, FORMER DEPUTY ATORNEY GENERAL

PEOPLE vs. ISLAS (Sam Spital)

Posted on October 22, 2012 by Caroline Anderson - Senior Support Specialist

Commentary by Samuel Spital:

‎”On October 18, 2012, the California Court of Appeal in the case of PEOPLE vs. ISLAS, (Case # B233087
https://www.courts.ca.gov/opinions/documents/B233087.PDF), affirmed and in part modified the Decision of the Los Angeles Superior Court, holding there was sufficient evidence to convict the defendant on charges of burglary due to entry into a building with the intent to commit a crime and felony false imprisonment due to an express or implied threat of harm. Contrary to the defense argument, the absence of a weapon, lack of any physical contact nor express threat of harm did not vitiate the conviction. The Deputy District Attorney as part of his case in chief presented a gang expert who testified the defendant had visible gang tattoos and this was enough to cause the victims to fear their personal safety [by indelibly marking in their brain terror and do what I say] as ‘I am a gang member.'”

SAM SPITAL, CRIMINAL LAWYER

Click to access B233087.PDF

Newport exec allegedly killed wife after divorce, money fight

Posted on October 16, 2012 by Caroline Anderson - Senior Support Specialist

Commentary by Sam Spital, San Diego Criminal Attorney:

“The Los Angeles Times reported on October 15, 2012 the Orange County District Attorney planned later on the same day to file charges against a Newport Beach man for killing his wife in a dispute over finances and a possible divorce. The newsperson noted the family resided in a $2.5 million home and the husband was arrested for felony murder near the San Diego-Mexican Border by officers a few days earlier. According to a different person, the 48 year old man claimed another individual killed his wife and forced him to place her body on a truck and then drive his own vehicle toward the Mexican border. The article does not contain any other references so it is impossible to know the facts and provide an opinion regarding the allegations and potential defenses to the charges. Suffice to say, criminal defense counsel has a variety of strategies to employ in representing a client.”

Sam Spital, Criminal Lawyer

Woman runs over, kills boyfriend after fight escalates, Commentary by Sam Spital, San Diego Criminal Defense Attorney

Posted on October 15, 2012 by Caroline Anderson - Senior Support Specialist

“The KFMB-TV and CBS.com news posted on October 14, 2012 that a 23 year old man was fatally injured when he was run over by his girlfriend’s vehicle after he smashed the car’s windshield and banged on her car at which point she sought to extricate herself from the dangerous situation and backed the vehicle away. This followed an alleged altercation between the two individuals in a parking lot in Chula Vista, a neighboring city in the south bay region of San Diego County, where the woman had previously gathered with friends. Is this another senseless tragedy that might have been avoided? Unfortunately, very little was reported and there is an investigation pending.”

Sam Spital, San Diego Criminal Defense Attorney

Pit bull owner arraigned following attack on girl (Sam Spital)

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

“The owner of a 65 pound terrier pit bull was charged with a felony for having a dangerous animal that can cause great bodily injury when it attacked and mauled a 4 year old girl when she tried to pet it in the apartment courtyard where she resided.

The District Attorney stated the pet’s owner immediately afterwards ‘grabbed her dog, went to her apartment gathered her belongings and went to her car. When the cops got there she was trying to drive away. They stopped her from doing so, but when they did, she admitted that she was headed to Tijuana.’Owners of animals often focus on how much they love their pet or pit bull dog, even having cared for since birth and for all intents and purposes claim the pet is calm and gentle. Nonetheless, it is critical everyone always be mindful of the dangers involved when they have a pit bull or similar type pet that might escape a fenced yard, get loose from its leash &/or be near anyone else. This seems particularly evident in California where there is both civil and criminal liability. Of course, the impact on the victim and his/her family can be life long, and certainly the pet owner wants to avoid this and their own sorrow and anguish.”

SAM SPITAL, Criminal Lawyer

SDPD captain’s son pleads not guilty to assault, sexual battery charges (Sam Spital)

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

“The San Diego Police Department Captain’s son, who is 23 years old, was charged with seven counts of misdemeanor assault, sexual battery and vandalism as reported in the Channel 8 CBS online news October 11, 2012. The defendant’s blood alcohol was twice the legal limit for driving.

This should be a lesson that there are unexpected consequences of drinking, including that which may not have been intended &/or characteristic of one’s normal behavior. The defendant is fortunate he did not get into a car and drive into another vehicle and/or pedestrian, causing injury or death to himself or another person.

The defense will likely seek treatment for alcohol abuse and rehabilitation.”

SAM SPITAL, Criminal Lawyer

Confessed murderer sentenced to 80 years to life in prison (Samuel Spital)

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

“A former nurse pleaded guilty to two counts of second-degree murder in the slayings of (1) his estranged wife, who was a nurse and almost half his age, previously filed for divorce and kicked the defendant out of the condo they earlier had occupied, and (2) a male co-worker who was also a nurse, after seeing them together cuddling on a couch, as reported in the UT San Diego news on October 10, 2012. When the guilty plea was taken, the defendant agreed to an 80 year state prison sentence.

The news account did not report any defense statements or evidence, or a presentation regarding remorse in order for this writer to render an opinion regarding the sentence. However, the Deputy District Attorney stated the defendant “is believed to have watched the victims from a backyard area before ‘shooting his way in,’ which would likely be strong evidence to establish first-degree Murder since there appears to be premeditation and malice, being willful and deliberate. Also, it would ordinarily refute a claim the homicide occurred in the heat of passion or spur of the moment (second-degree homicide). It appears the plea deal avoided the necessity of a trial and benefited the prosecution while at the same time it circumvented a Murder One conviction, thereby an inducement to the defense.”

SAMUEL SPITAL,
Criminal Defense and Professional License Attorney

Recycling fraud drains California’s cash (SAM SPITAL)

Posted on October 9, 2012 by Caroline Anderson - Senior Support Specialist

“Yesterday’s article in the Los Angeles Times, October 8, 2012, described the conundrum facing California in the recycling of cans and bottles in which the State is paying out more money for these recycled items than it is collecting in revenue from the deposits paid by individuals purchasing drinks.

It is claimed that fraud rings are bringing into California in semi-trailer trucks between $40 million and $200 million per year in recycled containers from adjacent states that do not offer the redemption program.Because only purchases made in California are eligible for the program, the California Department of Justice has brought over 10 criminal cases against these fraud rings in the previous 12 months.

I believe we should determine the real value of the scrap metal, aluminum and glass. Since the centers that accept these items are profit making businesses, their reimbursement of five to ten cents per container to the consumer (or others) is far less than the money they make from salvaging the material.

Perhaps the State needs to re-negotiate its contracts with these centers to offset the loss of revenue.

This is just another example of how inefficient our government is in the operation of its business affairs. Certainly filing criminal charges against people who are collecting containers so that they can be salvaged seems a waste of energy and law enforcement resources when the entire concept of recycling has a valid social purpose.”

SAM SPITAL, CRIMINAL LAWYER

Boy accused in transit sex assaults

Posted on October 8, 2012 by Caroline Anderson - Senior Support Specialist

“Published in the October 8, 2012 online edition of the UT San Diego, it was reported that a 15 year old juvenile was arrested and taken into custody for a series of sexual assaults on women who had boarded a local transit bus and later exited on their way to their destination. The suspect was charged with false imprisonment, indecent exposure and felony sexual assaults. At least one of the incidents took place around noon and apparently began September 28th. Just two days after Crime Stoppers published the facts of the most recent offense the boy was identified and arrested by Deputies from the San Diego County Sheriff’s Department.

It is possible the District Attorney will charge the suspect as an adult. Nonetheless, psychological testing and counseling are critical to help this individual deal with his aberrant and unlawful behavior, as well as complete lack of respect for others. It is hoped the private attorney that is retained or the Public Defender’s Office will seek necessary and appropriate care and treatment because detention or incarceration alone is usually not an effective deterrent for sex crimes.”SAM SPITAL, CRIMINAL LAWYER

Prosecutors re-file robbery charges against off-duty firefighters involved in fight

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

“KFMB TV digital edition reported on October 4, 2012 the District Attorney re-filed criminal charges against three off-duty San Diego Firemen accusing them of robbery. This criminal charge stems from an altercation in which the initial Complaint was assault and battery and making threats. The trial court judge ordered the defendants to stand trial for grand theft after the Preliminary Hearing, dismissing the other charges as he noted they acted in self-defense. Explaining the basis for grand theft, the Judge stated the defendants continued to pursue the alleged victims after the bar fight ended, and were found to have in their possession the wallet and several contents thereof that belonged to one of the alleged victims.

The article has many references to individuals that each gave their account of the specifics, but one would have to read the police report as well as the transcript of the Preliminary Hearing to properly render an opinion as to the facts and conclusions. Therefore, I do not want to speculate on the defense I might assert if I was retained as counsel. Suffice to say, if any or all of the firefighters are found guilty of robbery, they each not only face the loss of their employment but a “strike” and up to three years in State Prison.”

SAMUEL SPITAL, LAWYER

Category Archives: Criminal Defense