IRS employees John Shafer, Gary Muthert, Liz Hofacre and Joseph Herr will all be interviewed by Congressional investigators as a part of the probe. One employee, Holly Paz, has already been questioned.
It has not yet been determined who, exactly, was targeting groups with “Tea Party” or “patriot” in their names. This is what the investigators are hoping to uncover.
The California Supreme Court will be hearing a case that will determine whether school employees can administer insulin to diabetic students, rather than only licensed nurses. This case will set a precedent for protecting the rights of schoolchildren with diabetes or other medical conditions.
The problem here is that insulin is a tricky thing. The wrong dose can be fatal. Have an untrained, overworked school employee administering insulin to diabetic children could be disastrous. Procedures like this should be left to trained professionals so children in school can remain safe and healthy.
A tax preparer from Lemon Grove was arrested Monday in Arizona on suspicion of carrying out a scheme to steal Social Security numbers, file false tax returns and defraud the Internal Revenue Service, authorities reported.
An Alameda County judge has overturned the conviction of an East Oakland man who served 14 years in prison for an attempted rape he did not commit. He spoke publicly for the first time.
Through the use of DNA, a team lawyers and students were able to prove that the 37-year-old was not guilty. The evidence showed that the DNA found on a 9-year-old’s T-shirt did not belong to the man. It was the DNA that led to his arrest in 1998.
Despite having served more than a decade in prison, the now free man expresses an eagerness to learn from previous experiences. Among his future endeavors, are the obtain employment and going to school.
The California man is the second innocent person to be exonerated this year.
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
Commentary by San Diego Criminal Defense Lawyer Sam Spital:
“On January 9, 2013, the United States Supreme Court in a unanimous 9-0 opinion written by Justice Scalia in the case of Smith vs. U.S., (Case No. 11–8976 https://www.supremecourt.gov/opinions/12pdf/11-8976_k5fl.pdf), affirmed the decision of the U.S. Court of Appeals for the District of Columbia Circuit that held a defendant who had been charged with conspiracy to distribute narcotics and his role in an illegal drug business (RICO conspiracy) could not argue the charges were barred by the five (5) year Federal statute of limitations because he allegedly withdrew from the scheme. A conspiracy is deemed to continue until it is terminated or at the time a particular defendant withdraws, if at all. In this case, the Petitioner was in prison for the last six years of a criminal conspiracy that spanned over a decade. This was the basis for his argument that he could not be prosecuted since he had withdrawn from the conspiracy more than five years before the criminal indictment was filed.
However, the court concluded a defendant has the burden of proving the affirmative defense of withdrawal from the conspiracy by a preponderance of evidence, and it is not the obligation of the Assistant U.S. Attorney to prove a particular defendant participated in the conspiracy during the limitations period; further, this requirement did not violate the Due Process Clause of the U.S. Constitution. The Court ruled that ‘unless an affirmative defense negates an element of the crime, the Government has no constitutional duty to overcome the defense beyond a reasonable doubt.’ A defendant would not be liable for the acts of the co-conspirators after an actual withdrawal from a conspiracy. Based upon such a principle, the defense lawyer contended an element of the crime of conspiracy is one’s membership and, therefore, when one withdraws it negates that component. The Court held the contrary is true and the proposition that one has withdrawn from a conspiracy does not negate any element of the crime since it presupposes there indeed was a conspiracy. In other words, the conspiracy still took place, but it establishes the point in time at which a defendant is no longer liable.
In summary, in order for a defendant to have had a complete defense to the within conspiracy charges, he had to prove by a preponderance of evidence his withdrawal occurred outside of the applicable statute of limitations period of time.”
–Sam Spital
COMMENTARY BY SAM SPITAL, CRIMINAL DEFENSE ATTORNEY SAN DIEGO:
“Channel 7 San Diego online news on November 16, 2012 reported both Mexican and American teenagers, as young as 12 years old, are being recruited by drug cartels to smuggle drugs (referred to as “mules”) across the border. Federal Agents of the Homeland Security report that last year there were 190 and so far this year nearly 130 teens who were recruited at malls, arcades and outside schools, as well as through social media, such as Facebook, were caught smuggling narcotics.. These minor children are told they will not face serious penalties in the Juvenile Court system and can earn from $50 to $500 to carry drugs under their clothing. Initially only targeting young boys, the drug cartels are using young girls as well.
At one time marijuana was the drug of choice, and now it is methamphetamine (commonly referred to as “meth”), which is a stimulant and highly addictive narcotic. Some people use meth because it can help them lose weight, although the results are extremely short lived as the body builds a tolerance and more and more has to be taken to the point it has little or no value, but by that time the individual has become addicted to it and cannot stop. Others use meth for increased energy, sexual pleasure and by those who suffer depression. Without strict controls and supervision by a competent physician, the drug can lead to brain damage and even death. Parents need to maintain open communications with their children to the point they dialogue on life issues, pick up on their children’s activities, who are their friends and are alert to changes in behavior. While society has seemingly advanced in technical ways, open and regular communications and everyday discussions seem to have been lost to text messaging and chat rooms.”
SAM SPITAL, CRIMINAL DEFENSE ATTORNEY SAN DIEGO
COMMENTARY BY CRIMINAL DEFENSE LAWYER SAM SPITAL AND ASSOCIATES:
”KFMB Channel 8 TV online edition updated its post on October 25, 2012 regarding what has been described as the ‘Be Cool Bandit’ who was charged with ten (10) separate robberies of gas stations and convenience stores, displaying a semi-automatic weapon and after his Preliminary Hearing now must face trial on these charges .
The defendant was reported to have a lengthy criminal history, including a previous robbery conviction; he was given the ‘Be Cool Bandit’ nickname because he told his victims ‘Just be cool, be cool.’ Several items recovered after his arrest including fingerprints and DNA evidence from the scenes of the crimes were part of the prosecution case. The article contained no reference to the attorney for, or any interview or statement made on behalf of, the defendant. Lacking anything further, it is mere speculation as to what defense and/or mitigation might be presented by criminal defense counsel. Without more, the defendant faces up to 35 years in prison if found guilty.”
SAM SPITAL AND ASSOCIATES, CRIMINAL DEFENSE LAWYER
The continuing scourge of major crime represents a challenge for law enforcement and the judicial system that has limited resources, but the unintended consequences to those that are easily addicted to Meth often suffer life-long very complex and serious issues as well.
For defense lawyers, their role is to challenge law enforcement’s procedures and protocols that resulted in criminal charges being filed, and to advance their respective client’s rights and best interest by establishing legally sound defenses, focusing on the offense and not only defense, and to present all of the mitigating facts and circumstances. For a seasoned criminal defense lawyer who is passionate about obtaining winning solutions, this is an exciting part of the profession. For additional information and/or to obtain a free consultation, call Managing Attorney Sam Spital.
