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Four child welfare workers will be fired after death of boy

Posted on July 31, 2013 by Caroline Anderson - Senior Support Specialist

Los Angeles county officials say that four child welfare workers were negligent and guilty of many missteps in a case involving an 8-year-old boy named Gabriel Fernandez. As a result of their lapses, the boy died. The four workers have received letters informing them that they will be fired.

Fernandez died in May. He was found with broken ribs, burns, and a fractured skull. His mother and her boyfriend have been charged with murder and torture, and though the Department of Children and Family Services received many complaints of abuse, they had been discounted and not dealt with.

It is heartbreaking that these people knew that a child was most likely being hurt but they did nothing to stop it. Hopefully the firing of these four employees marks a change and sends a message to other employees that this behavior and these serious mistakes are not all right.

The challenge for Child Protective workers is that they are faced with making complex decisions in the investigation of abuse &/or neglect. On the other hand, they have the benefit of engaging in a dialogue with their managers and even confer with experts in the field to make appropriate decisions.

Erring on the side of caution protects the child(ren), but doing nothing exposes the child(ren) to serious and life threatening injuries. Perhaps the real conundrum involves the huge case load they have, in which many contend they need greater and ongoing education and training.

COMMENTARY BY SAM SPITAL, SAN DIEGO PERSONAL INJURY AND CRIMINAL DEFENSE LAWYER

Sheriff’s deputy charged with 11 different counts

Posted on July 30, 2013 by Caroline Anderson - Senior Support Specialist

A sheriff’s deputy in Los Angeles County was accused of raping women and soliciting bribes while on duty. He is set to appear in court on Wednesday.

28-year-old Jose Rigaberto Sanchez was arrested in his home on Monday night after a three-year investigation. He is being charged with 11 different counts.

The article did not include any interview with the officer &/or his lawyer; no discussion regarding officer’s family, social history and mitigation, if any. What has happened to honest and balanced journalism? It seems more and more we are provided with short references to events with little analysis and even less about the people and their background to invite a dialogue &/or serious reflection.

Clearly, our system of justice requires that he be given the benefit of doubt and not be tried in the news, regardless how serious and horrific the alleged crimes are, and for which our hearts go out to the victims and their families.

Commentary by Sam Spital, San Diego Criminal Defense Lawyer and former Deputy Attorney General.

Employees obligated to assist employers during investigations

Posted on July 25, 2013 by Caroline Anderson - Senior Support Specialist

A California ruling suggests that an employee is obligated to assist their employer during the investigation of another employee’s discrimination claim.

John McGrory was investigated, but it was determined that he had not discriminated against another employee for being a lesbian. However, he was fired for violating the company’s sexual harassment policy and being uncooperative during the investigation process. He then sued Applied Signal Technology for wrongful termination, saying that his termination violated public policy. The court, however, did not agree.

If an investigation is happening in a workplace, employees should be respectful and cooperative. It is a privilege, not a right, to have a job. If in doubt, you should see the advice of an employment lawyer, first being certain the attorney has no conflict of interest.

State workers charged with accepting bribes

Posted on July 24, 2013 by Caroline Anderson - Senior Support Specialist

Two state workers were arrested for accepting bribes from a state toner contractor, according to officials.

Michael Mathison, owner of the Veterans Toners Services, has been accused of inflating quotes for office supplies, and then providing even more inflated fake quotes from competitors. That way, his company got the business from the Department of Fish and Wildlife and the state Department of Transportation.

Two other people were charged as well.

Stories like these are a reminder to deal honestly with money. It is a sad reality when anyone will sacrifice their employment to be involved in unscrupulous and/or improper conduct. The author failed to include in the article, however, information relating to mitigation and extenuation, if any. Everyone deserves to know about and read a balanced account rather than one that simply presents a (biased) narrative regardless of the other side of a story.

“Buckets of Money” creator faces charges

Posted on July 19, 2013 by Caroline Anderson - Senior Support Specialist

Ray Lucia Sr., the creator of the retirement strategy called “Buckets of Money,” was charged by a judge with knowingly and fraudulently misleading potential investors.

Lucia has promoted his investment plan for years, both in books and on his San Diego-based financial show. However, he claimed that he performed backtests, which are methodical calculations. But when he was asked about the calculations, he said he did some in 1990 and no longer had copies.

The Securities and Exchange Commission, if they agree with the judge’s decision, will fine Lucia $300,000, bar him from associating with investing firms, and strip him of his investment adviser registration.

When it comes to investments, people should think twice about who they trust. Consult with multiple experts to find the best path.

College student gets jail time for rigging election

Posted on July 17, 2013 by Caroline Anderson - Senior Support Specialist

Matthew Weaver, a former Cal State San Marcos student, was sentenced on Monday to one year in prison.

Weaver stole 750 student passwords to rig a student council election in his favor. He used a key-logger to gather information, and he was caught on the fourth day of the election, when computer technicians noticed unusual activity on one of the campus computers.

Weaver did not think before he acted. He called his behavior “childish, foolish and arrogant.” Some might argue that it was the crime of an entitled kid, and it seems as though he has learned his lesson. Whether a mistake or not, the ultimate price will be the unintended consequences that were not previously considered. It appears, however, the defendant has remorse.

When media interferes with politics

Posted on July 15, 2013 by Caroline Anderson - Senior Support Specialist

“This case is an example of how politics and the media wrongly interfered with our American justice system.

First, law enforcement did its job and after its investigation concluded they did not have probable cause to arrest Zimmerman. However, there were inappropriate remarks by some politicians and others, including statements made by the President, that in turn were publicized by countless reporters in the media, that made the case more about race than thousands of other tragic deaths in society all over the United States. This pressure changed the direction of the case from a tragic accident or one of self defense to a charge of murder and manslaughter.

Everyone knows there are more killings in Chicago and Detroit than other large cities, but this scourge in comparison has received very little media attention, and certainly less remedial action by politicians and the President.

Second, when the goal of honest journalism is to analyze all of the facts to produce a fair and balanced report,we have in this case instead witnessed the opposite. Furthermore, this case is an example of how reporters fueled the fires, forcing the system to improperly react, resulting in Zimmerman being arrested and having to be jailed for a year while he waited for a trial. Then, the pundits argued the wisdom or lack thereof of the “stand your ground law” and ignored the most elementary rule of law, self-defense.

Lastly, even the judge apparently feared she would be unfairly criticized so defense objections in the Zimmerman trial were overruled and evidence the defense sought to introduce was barred. It appears the judge was overly concerned the media would blame her if there was an acquittal.

In the end, we all lose when our justice system is manipulated and/or influenced by politics and not objectivity and restraint. Here, the rule of law was sacrificed in order to satisfy political correctness (politics and the media), but it is hoped this case will now have a positive influence so what took place is never repeated.”

Commentary by

Sam Spital, San Diego Criminal Defense Lawyer and Former Deputy Attorney General, State of California Department of Justice.

Filner’s sexual harassment debacle

Posted on July 12, 2013 by Caroline Anderson - Senior Support Specialist

While the rates of sexual harassment have fallen in recent years, it is still a pervasive problem, especially in the workplace.

Scandals such as the recent call for the resignation of San Diego Mayor Bob Filner remind us that the problem is not going away by itself, and that the harassment can hurt more than just the person who is being harassed. In the case of businesses, sexual harassment cases can divide teams, destroy trust, damage reputations, and potentially make the business lose money.

An accusation of sexual harassment, whether it is true or not, can be destructive. Either the allegations are true, and women are being treated in an abusive manner, or the allegations are false, and a dark shadow is cast over someone’s reputation.

Human trafficking charges brought against Saudi princess

Posted on July 11, 2013 by Caroline Anderson - Senior Support Specialist

A Saudi princess was charged on Wednesday with human trafficking after a Kenyan woman escaped from a condominium where she said she was being held against her will.

The 30-year-old Kenyan woman said that she had been hired in Kenya in 2012, taken to Saudi Arabia, and promptly had her passport taken away from her. She then was forced to work long hours for less than she was promised she’d be paid, and she was not allowed to leave.

Meshael Alayban, one of the wives of Saudi Prince Abdulrahman bin Nasser bin Abdulaziz al Saud, did not appear in court on Wednesday.

Treating other humans as pieces of property is a grave offense. Alayban said that she will address the charges, so it will be interesting to hear her explanation of the events.

Court finds that tax evasion convictions show moral turpitude

Posted on July 9, 2013 by Caroline Anderson - Senior Support Specialist

After veterinarian John Cottingham pled guilty to two felony charges relating to failure to pay payroll taxes, he faced professional disciplinary charges from the South Carolina Board of Veterinary Examiners.

The board’s charges included a reprimand and fine, among other penalties. Cottingham appealed the discipline, saying that the board had exceeded its authority.

Cottingham had cited a state statute that turned out only to apply to people who were applying for initial licenses, not current license-holders.

When appealing charges, on should make sure the grounds of the appeal are valid. There can be unintended consequences such as being responsible for the other side’s attorney fees and costs. More importantly, if the underlying case does not have a proper record (evidence, objections, etc.), the grounds for appeal my be strictly limited.

Category Archives: Criminal Defense