Sheriff’s deputy charged with 11 different counts

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. 

When media interferes with politics

“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

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.

 

Former Marine accused of killing girlfriend in Panama

The disappearance of 42-year-old Yvonne Baldelli took a twist on Thursday when her boyfriend was accused of murdering her, then concocting an elaborate cover-up. He allegedly sent fake emails from her account, telling her family that she was having a great time, and he withdrew money from her bank account.

Brian Brimage, a 37-year-old former Marine, pleaded not guilty to charges of obstruction of justice and making a false statement to a federal officer.

Our hearts go out to Yvonne’s family during this difficult time.

 

The George Zimmerman trial begins

In February of 2012, George Zimmerman shot 17-year-old Trayvon Martin, allegedly in self-defense. The crime sparked a nationwide debate about gun control and racial profiling.

This week, his trial begins. Zimmerman will plead not guilty to second-degree murder for reasons of self-defense. The prosecution argues that Zimmerman racially profiled Martin, who was wearing a dark hooded shirt on that night. A jury of six women has been set.

It’s still unclear whether or not Zimmerman will testify. Defendants often take the stand in self-defense cases, but his lawyers may want to keep him off the stand so he doesn’t say anything harmful to his case.

The trial is sure to be contentious and well-covered in the media.

 

 

FBI arrests 14 in connection with international gambling ring

The FBI staged raids on Wednesday during which they arrested 14 people, one of whom may be a manager in an international gambling ring. This violent ring, which has been operating for a decade, is alleged to have taken millions of dollars in illegal sports bets.

The FBI launched a full-scale investigation into the case, sending undercover agents to become part of the organization in 2011, and setting up wiretaps.

The organization, called Macho Sports International, may have been led in part by 37-year-old Amir Mokayef, who was one of the people arrested on Wednesday. Agents spent the day confiscating items from his home. They also froze his assets, as they may have all come from his illegal dealings.

Mokayef will return to federal court on Friday for a detention hearing.

Attempted murder suspect arrested

Police arrested an attempted murder suspect in Vista on Tuesday, eight hours after he went on the run.

Kenneth Wayne Welch, 42, allegedly beat his girlfriend, then left the scene in his pickup truck with their 5-month-old son. Welch left the unharmed child with a relative.

Welch’s girlfriend said that he hit her on the head and tried to run her over with his truck. Luckily, the girl’s injuries were not life-threatening.

After spotting a police car, Welch crashed his truck on Mar Vista Drive and attempted to run, but gave up and surrendered to the deputies.

Welch has a criminal record that includes prison time for robbery, domestic violence and vehicle theft.

 

Alleyne vs. the United States

On June 17, 2013, the U.S. Supreme Court in the case of   ALLEYNE vs. UNITED STATES, Case # 11–9335, in a 5-4 opinion, overruled the 2002 Supreme Court case of Harris v. United States, 536 U. S. 545, and in doing so held any mandatory minimum sentence that increase the penalty for a crime must be submitted to the jury for their determination of the actual sentence.

Here the jury form documented the defendant used or carried a firearm as part of his crime, but not that the firearm was brandished, which increased the penalty to a 7-year mandatory minimum sentence instead of the 5-year minimum. Even though his counsel objected because the verdict form was not correct and, therefore, violated his Sixth Amendment right to a jury trial, the District Court overruled the objection, by relying upon the case of Harris vs. United States. The Fourth Circuit Court of Appeals affirmed the Harris decision ruling it is permissible under the Sixth Amendment for judicial fact finding that increases the mandatory minimum sentence for a crime. The Supreme Court overruled the Harris decision, vacated the judgment of the Fourth Circuit and remanded the case, holding brandishing is a fact that increases the prescribed range of penalties mandatory minimum sentence and as such is an element of a crime that must be submitted to the jury for its determination as to whether the prosecution proved that specific detail beyond a reasonable doubt.

Accordingly, if a judge intends to impose a higher sentence than the minimum mandatory penalty, he cannot do so unless the jury concludes the underlying legal conclusion is supported by a fact, which on turn is supported by evidence beyond a reasonable doubt.

Read more here.

Las Vegas couple pleads guilty to fake insurance scam

Michael and Melissa Woodward pleaded guilty Wednesday to state tax fraud and other charges. The Woodwards were charged with 11 counts each, including grand theft, tax fraud, residential burglary, theft from an elder and selling insurance without authorization.

The couple are alleged to have scammed 240 to 250 elderly people in San Diego County and 150 to 200 more people in the rest of California with fake insurance plans. In total, the victims lost about $3.6 million to the Woodwards. Other victims have been identified in Washington, Oregon, Minnesota, and Texas. Their crimes span 10 years.

Michael faces 11 years in jail, followed by parole and pay restitution. Melissa is looking at a year in jail and five years of probation, as well as payment of restitution.

Evidence from hidden camera was properly authenticated, court ruled

An Ohio doctor was charged with sexual misconduct after his inappropriate sexual comments were secretly taped by one of his patients. Larry Lee Smith argued before the Court of Appeals that the hidden camera violated his due process rights, but the court found that the secret tape was proper and did not violate any of his rights.

When a female patient of Smiths complained to the local police that he had given her drugs so he could make sexual advances toward her, they gave her a secret camera to try and capture some evidence. She visited him three more times, managing to capture inappropriate and suggestive sexual language.

 

Ratings and Reviews

BBB 10.0Samuel Eugene Spital
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