Category Archives: Sex Crimes

Nurses Videotaped in Sex Acts Worked for Unlicensed Company (Sam Spital)

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Commentary by SAN DIEGO CRIMINAL LAW AND PROFESSIONAL LICENSE DEFENSE ATTORNEY:

“This story was updated and published on November 8, 2012 by San Diego Channel 6 News regarding two registered nurses who were caught by home surveillance equipment and videotaped masturbating and performing oral sex on each other near, as well as kissing and fondling, a female stroke victim who was 98 years old. The nurses were referred by AMS Home Care Solutions, which reportedly is not currently and never was licensed by the California Department of Public Health to provide skilled nursing care (apparently AMS applied in May, 2011 for, but was not granted, a license). On October 24, 2012, an Administrative Law Judge (ALJ) issued an Interim Suspension Order (ISO) against the nurses. For further information regarding both cases before the Board of Registered Nursing, see: https://rn.ca.gov/public/rn575494.pdf andhttps://rn.ca.gov/public/rn673160.pdf.

Pursuant to Code of Civil Procedure, Section 1094.5, either or both of the nurses can obtain judicial review of their respective ISO by filing a Petition for a Writ of Mandamus in San Diego Superior Court in which the judge will decide if there was an abuse of discretion by the ALJ in imposing the interim Order. The Board of Registered Nursing has up to 15 days to file an Accusation in connection with the above case in which the nurses face an outright revocation of each of their RN licenses. If a Notice of Defense is timely filed the nurses or either one are entitled to a hearing or trial within 30 days. There were no responses by defense counsel and, therefore, it is uncertain what strategy or arguments will be made on behalf of their respective clients.”

 

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

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

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

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“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

Sex predator released from supervision (Sam Spital)

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“On October 2, 2012, in a UT San Diego News article, a Defendant who pled guilty to and was convicted of child molestation in 1989 was reported to have been released from further custody after two psychological evaluations opined he was unlikely to engage in violent sexual criminal behavior. This followed a recent hearing in which the Superior Court Judge ruled that Matthew Hedge did not pose a danger to others even though classified during the intervening two decades as a sexually violent predator. He is still required to register with law enforcement as a sex offender (RSO).

Previously sentenced to Atascadero State Hospital, the defendant voluntarily participated in a lengthy sex offender treatment program. During the past seven years while in the State Department of Health program, there were several rule breaking incidents, including at least one arrest, but none were charged as any new crime. In 2005, he became the first sexually violent predator to be released in San Diego under the California’s conditional release program, where he was ordered to live in a trailer adjacent to the Donovan Correctional Facility. He was under heavy supervision and a GPS monitor on his ankle.

The above scenario clearly has caused anger and outrage by many; others have been proponents of the use of alternative means to handle sex offender cases, and some of whom cite the huge cost of this type of confinement in our penal system, which is claimed to be over $150,000 a year.”

SAM SPITAL, CRIMINAL DEFENSE LAWYER

 

 

Rapist who left victim naked on road gets prison (Sam Spital)

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“On September 27, 2012, the UT San Diego News contained an article in which a defendant pled guilty and was sentenced to 16 years in State Prison for an August 2011 kidnapping and rape of a 21 year old woman, who testified in the Preliminary Hearing that he beat her with a flashlight and golf club, then forced her into a car, ordered her to remove her clothes and used the golf club to assault her. In another count filed against the defendant, he pled guilty to breaking the nose of a man and knocking unconscious that man’s son thereby causing bleeding in his brain. Some will argue that 16 years in prison is not enough of a penalty, but they do not have all of the facts to reach that conclusion. This is the challenge when reading a brief summary written in the news. I continue to ask why a journalist does not provide a fair and balanced account so that the public is truly informed by the news. Clearly, there is a limited amount of time and opportunity for comment, however, no one benefits from a story that does not contain enough information on the relevant points; here, it would be helpful to know what the defense contended, the cross-examination it might conduct, and what evidence they might propound if the matter went to trial. That would reduce the speculation that inevitably arises in many readers’ minds as to the nature of the crime, the motivation and intent of the defendant, and the appropriateness of the sentence in an individual case.”

Sam Spital, Criminal Defense Lawyer

Megan’s Law – Summary of California Law On Sex Offender

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“The Medical Board of California on September 20, 2012, reported its investigation of a physician who practices OB-GYN in two neighboring communities in Los Angeles, the community of Northridge and Van Nuys, who was arrested on two felony counts of Sexual Penetration with a Foreign Object-Unconscious, a violation of California Penal Code section 289 (d).This section is used by the prosecution in cases in which the victim is unaware, did not know or perceive, or was not cognizant of the criminal act. A conviction of this offense requires the defendant to register with the Police or Sheriff as a sex offender for life pursuant to PC 290, as well as to provide specimens and samples. No other information or facts were disclosed. For Online Registration under Megan’s Law, see: https://meganslaw.ca.gov/registration/law.htm

If the facts disclose sufficient evidence of other illegal acts, it is still possible the prosecution may file additional charges, such as a violation of Business & Professions Code 729, which is sexual exploitation of a patient; as well as or in the alternative, a violation of Penal Code section 243.4 (c), which is Sexual Battery for a Professional Purpose. The latter is commonly charged when a doctor touches a patient without consent for his own sexual arousal &/or gratification and the contact was under the pretense it was for a professional purpose.

One needs to be mindful that a suspect who has been arrested is innocent until proven guilty. Moreover, a perusal of the internet revealed the physician has been licensed since 1998, graduated from USC School of Medicine, is Board Certified in Obstetrics and Gynecology; is affiliated with eight hospitals; is fluent in English, Farsi, Persian and Spanish; has had no prior Medical Board or hospital disciplinary action; and there are no reportable malpractice settlements or judgments.”

SAM SPITAL, CRIMINAL LAWYER

Special needs teacher arrested for relationship with student?

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Clearly, we must maintain the integrity of our legal system and the principle that “a person is innocent until proven guilty.”

However, it is unspeakable for a teacher to use her position of trust to engage in sexual relations with a student. Even more despicable is for a special education teacher to engage in such misconduct with a student with special needs. These students are particularly vulnerable.

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