Tag Archives: murder

Newport exec allegedly killed wife after divorce, money fight

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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

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“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

 

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

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“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

Funding treatment for boy accused in murder at issue (Sam Spital)

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“On September 25, 2012, the UT digital edition reported a 10 year old boy is accused of murder and assault with a deadly weapon.

Apparently, another child tried to separate two neighborhood children who were in an altercation in which one was threatening the other with a knife; the fatal stabbing took place in a location adjacent to a mobile home park near El Cajon.

The criminal case was suspended by the Court due to the child offender being held mentally incompetent to stand trial.

Now, it is unclear what will take place because juvenile offenders are generally taken to Juvenile Hall, at the expense of their parents. Until the boy is deemed competent, however, he needs to be placed in a residential treatment facility as a result of the evaluations of two psychiatrists who claim he suffered from mental and developmental issues from fetal alcohol syndrome.

In the interim, the attorney for the boy charged with the above crimes is looking for funding.

The conundrum here is the lack of funding to treat individuals in society before they commit heinous crimes that later become a reality after a homicide, much like the unparalleled situation when the barn door gets closed when the horse gets out.

When will we as a society know we cannot spend too much money for the treatment of mental health issues? When will parents and others obtain education to identify and properly deal with symptoms that inevitably occur leading up to eventual improper &/or uncontrollable behavior (certainly we cannot allow the surge of criminality as we have seen in recent times)?

As a criminal defense attorney, I personally share the sadness of the victim’s family and the juvenile offender’s loved ones. But that grief is outweighed by a concern that society and our schools are not doing enough to identify and prevent the factors that lead to criminality.”

Sam Spital, Criminal Defense Lawyer

Mother Sentenced in Daughter’s Murder (Sam Spital)

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“A mother was sentenced after her guilty plea to Second Degree Murder in the death of her nine year old daughter, as reported in the September 19, 2012 NBC digital edition of the news.

The story described a daughter who suffered an agonizing 17 months of continued strangling, kicks, burns and punches after she moved from the custody of her father to that of her mother. Her final days were a “slow and painful death.”

The mother was sentenced to 15 years to life in State Prison.  Without knowing more, it is a challenge for anyone to know and understand what was going on in the mother’s mind.

These homicides are the types of cases that a criminal attorney has to fully investigate in order to shape a defense, which does not mean one seeks to deny and/or excuse the behavior. Instead, the defendant’s attorney hopes to present to the court any mitigation and extenuating circumstances that exist when imposing punishment. For some, there could be no amount of evidence to persuade them to have mercy in a murder case. For others, there is a desire to understand the Defendant’s family history, her childhood, education, the victim, and finally the offender’s mental state so the punishment fits the crime. In other cases, the court looks only to the statutes and precedent in imposing a penalty.

While the child has lost her life, the mother will likely never escape the constant guilt of killing her daughter, a homicide that is unspeakable by nearly everyone’s account.”

SAM SPITAL, Criminal Defense Lawyer

 

Mother faces charges for death of baby (Sam Spital)

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“CBS reported on September 10, 2012 the death of a seven month old boy who fell out of a third floor apartment window and died. The mother was taken into custody and faces criminal charges for murder.

The summary account failed to elaborate further, creating a challenge for anyone to know much more than to feel the pain associated with such a tragedy.”

SAM SPITAL, Criminal Defense Lawyer

 

Mom to be tried in son’s drowning death (SAM SPITAL)

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“The San Diego Union Tribune reported in the September 8, 2012 online edition that a mother drowned her four year old son. How outrageous could anything like this be? The article noted the mother thought of her own suicide but did not want to leave her son alone. Does this make sense? Of course not; anyone who would kill their child is a person needing skilled and comprehensive mental care and treatment.

No matter how serious the problem, it is unspeakable to take the life of another … let alone a family member; and, even worse a situation in which the life of one’s own child is sacrificed due to the pain and suffering experienced by a parent. It was reported the child was diagnosed as autistic at the age of one. Certainly, the child needed proper medical attention, and the article described the special care and steps taken by the parents to provide seemingly appropriate treatment. However, the process can take many years and the benefits may be slow and, at times, perhaps even seem futile. Nonetheless, there are many successful resources, including support systems and countless social programs, that are available. One should never give up, but even worse to drown their child to end his suffering seems more of an effort to end one’s own suffering. Clearly, the mother for the rest of her life will no doubt experience the guilt and pain associated with drowning her infant child. Apparently, the father was shocked when he heard about this while he was at work; he too is a victim of his wife’s crime and it is easy to see the suffering he will experience along with the guilt in not preventing the horrific murder.

The defense will no doubt raise an issue of the mother’s incapacity to know right from wrong, but more facts will likely surface to better evaluate the posture a defense lawyer might take to represent the mother in her criminal case. It was also reported that the mother drove to the police station after the drowning to turn herself in. It is not totally inconsistent for one to not know right from wrong at the time of the criminal wrongdoing, but later have remorse and/or comprehend she committed a homicide. The prosecution will likely argue against insanity, incapacity and/or mitigation raised by the defense.

The reader is left contemplating a whole panoply of thoughts and ideas.”

Sam Spital, Criminal Defense Lawyer

Oceanside man arraigned on murder charges (SAM SPITAL)

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“In an article dated September 4th and reported by the San Diego Reader, there was a point blank killing of two individuals. The defendant who is 20 years old and used a rifle in the shooting is represented by the Public Defender. No motive was known. The DA filed both pre-meditated attempted murder and first degree murder charges. Bail was set at $5 million.

No other facts were reported so it is not possible to opine on or understand what appears to be a senseless and tragic crime.”

Sam Spital, Criminal Defense Lawyer

State Supreme Court Denies Latest Appeal by Man Convicted of Murdering Three Boys (SAM SPITAL)

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“This August 30, 2012 article described a Petition for a Writ of Habeas Corpus filed by a death row inmate for the murder of three young boys in the summer of 1975. The California Supreme Court unanimously denied the appeal, noting the 521 page Petition is an example of the abusive practice by prisoners and/or their lawyers consuming endless time for the Court to review otherwise frivolous and untimely appeals.

The Associate Justice wrote in the Court’s opinion there was overwhelming evidence the defendant was guilty of killing the three boys, and that ‘he forcibly sodomized one victim (possibly after he was dead) and that he represented a continuing threat to the safety of children in the neighborhood (inferable from the discovery by police that petitioner possessed hundreds of photographs of young children).’ The Defendant had admitted to the police he had gone to a park in Los Angeles County to take pictures of young boys, and confessed to slitting the boys’ throats, as well as admitting he choked the 7-year-old boy (the son of a family friend) after he asked to leave the defendant’s apartment where he planned to take nude photos of him, according to a previous 1995 ruling from the California Supreme Court.

The Court further stated: ‘Some death row inmates with meritorious legal claims may languish in prison for years waiting for this court’s review while we evaluate petitions raising dozens or even hundreds of frivolous and untimely claims.’ The task of a seasoned criminal appeal lawyer in handling such cases is extremely time-consuming. However, they usually are recognized if not commended by their genuine focus on both the facts and the law in a succinct and compelling manner, far different than many who claim or believe they know what they are doing and simply ramble, failing to present and/or articulate legally sound arguments.”

Sam Spital, Criminal Defense Lawyer

Child accused in San Diego stabbing murder found mentally incompetent (SAM SPITAL)

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“Any time a 10 or 11 year old child is charged with murder, it is not only unspeakable for the victim’s family but the family of the accused also suffers emotional harm. It has been reported the child in this case had a mental illness, the Juvenile Court Judge found him mentally incompetent and, therefore, he could not stand trial until declared otherwise. This is a procedure in both juvenile and adult court.

Clearly, an accused must understand the charges brought against him and be able to assist his attorney who must ascertain sufficient facts to evaluate the options for presenting a defense Sometimes it is not whether an individual committed a crime, but whether he could formulate the required intent to be held guilty. In addition, if an individual is deemed mentally incompetent to stand trial, an effective and proper representation by legal counsel would not be possible, thereby denying the accused of due process of law. There may be a challenge for the Court in this case as a result of the defense lawyer stating the child is “remorseful,” since that would evince some type of understanding of the wrongful nature of his acts after the event(s) in question. Given a conundrum such as it seems, the Court has to exercise its sound discretion and have the child evaluated by a mental health professional to determine whether he is currently fit to stand trial.”

Sam Spital, Criminal Defense Lawyer

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