Wednesday, October 28, 2009

As Long As We're Giving It Away, People Will Take It.

Maybe it's time to eliminate a few of the 1 million ways peopele can obtain money from the taxpayers for doing nothing. Yet anothiner government wealth redistribution program is taken advantage of by the allegedly unscrupulous. THe real question, however, is: did you even know the government was giving your money away in this fashion?

A former Orange County woman has been charged with stealing
$6,500 in public assistance fraud by cheating the system after moving out of
the County and continuing to receive aid illegally. Jaelyne Jacsen, 48,
is charged with four felony counts of perjury by false application for aid
and one felony count of receiving aid by misrepresentation. She faces a
maximum sentence of five years and eight months in state prison if convicted
on these counts. Jacsen is being held on $100,000 bail and must prove the
money is from a legal and legitimate source before posting bail. She is
scheduled to be arraigned Friday, Oct. 30, 2009, at 8:30 a.m. in Department
CJ-1, Central Jail, Santa Ana.

In October 2007, Jacsen is accused of applying for Orange County public
assistance while living in Lake Forest. The defendant qualified for a State
program called "Safe at Home", where she could maintain a confidential
address when receiving public financial aid. Jacsen is accused of using an
Orange County post office box for correspondence related to her public
assistance.

Monday, October 19, 2009

HOOKING: STILL A DANGEROUS PROFESSION

MAN TO BE ARRAIGNED FOR ALLEGEDLY FORCIBLY RAPING THREE PROSTITUTES AFTER THREATENING THEM WITH A GUN

WESTMINSTER - A man will be arraigned this afternoon on charges of forcibly raping three women and threatening them with a gun after picking them up to engage in prostitution. Oscar David Duenas, 27, Santa Ana, has been charged with three felony counts of forcible rape, two felony counts of forcible oral copulation, and one felony count each of criminal threats, false imprisonment by violence, and second degree robbery. He faces sentencing enhancements for the personal use of a firearm and committing sexual assaults against multiple victims. If convicted, he faces a maximum sentence of life in state prison. The DA will be requesting $1 million bail at Duenas' arraignment today, Monday, Oct. 19, 2009, at 1:30 p.m. at the West Justice Center in Westminster. The Department is to be determined.

It is alleged that on three separate dates between Sep. 20, 2009, and Oct. 2, 2009, Duenas is accused of raping three women, ages 18 to 30 years old, while they were working as prostitutes. He is accused of picking up each victim in Garden Grove and driving them in his Lexus sedan to a bank to withdraw cash. He is accused of driving each victim to a residential area to have sex with them.

Once parked with the victims, Duenas is accused of threatening the women by showing two of the victims a gun and telling the third that he was in possession of a gun. He is accused of forcibly raping all three victims and forcing two of the victims to orally copulate him. Duenas is also accused of stealing Jane Doe #3's money.

Jane Done #1 and Jane Doe #3 both reported the incidents to the police that day. Jane Doe #2 went to the hospital after the rape and police were contacted at that time.

Dress Warm will follow the case and update as needed.

DRINKING + DRIVING+ 100MPH+ DEATH=TROUBLE

ALLEGED DRUNKEN DRIVER ARRAIGNED FOR KILLING MOTORIST IN 100 MPH TOLL ROAD CRASH

NEWPORT BEACH - An alleged DUI driver will be arraigned today for killing another motorist by crashing into the victim's car while speeding over 100 mph on the toll road. Richard Ernest Caselli, 37, Ladera Ranch, is charged with one felony count of vehicular manslaughter with gross negligence while intoxicated and faces a maximum sentence of 10 years in state prison if convicted. The DA will be requesting $100,000 bail at Caselli's arraignment today in the Harbor Justice Center, Newport Beach.

At approximately 6:25 p.m. on Oct. 16, 2009, Caselli is accused of speeding over 100 mph on State Route 73 in his Volvo sedan. The defendant is accused of being under the influence of alcohol as he drove at a high rate of speed just north of Laguna Canyon Road. Caselli is accused of losing control of his car and crashing into a Nissan sport utility vehicle driven by 51-year-old Brook Boynton. The force of the crash caused the victim's car to spin out of control and roll, ejecting Boynton onto the right shoulder. The victim was killed as a result of his injuries.

Caselli's vehicle also came to a stop. When contacted by police at the scene, Caselli is accused of displaying objective signs of intoxication including bloodshot and watery eyes, slurred speech, and omitting an odor of alcohol.

Dress Warm will follow the case and update accoringly.

Thursday, September 24, 2009

267 Citizens Stopped, One Arrested. Government Congratulates Self.

Check points results in one DUI arrest

Police arrested one person on suspicion of driving under the influence and cited more than a dozen people Tuesday night during a DUI check in Costa Mesa, officials said.

At the checkpoint at Wilson Street and Pomona Avenue, police stopped 267 vehicles for inspection, pulling aside more than 14 of them for additional questioning. Police made one DUI arrest, according to a news release issued Wednesday.

Police cited six drivers for not having a license or driving with a suspended one and another seven for various vehicle code violations. Four vehicles were impounded, police said.

Costa Mesa police scheduled another DUI checkpoint for Tuesday.

Newport Beach DUI News

Newport Beach police will receive nearly $200,000 in state money for its DUI enforcement program. The Newport Beach City Council approved the grant Tuesday night.

The police department will have $192,000 budgeted for DUI checkpoints, extra patrols focused on DUI enforcement, and other alcohol awareness methods, from Oct. 1 to Sept. 30, 2010.

The money comes from the California Office of Traffic Safety. The city pays for overtime costs associated with enforcement up front and is reimbursed by the state, according to the City Council staff report.

The grant will fund six DUI checkpoints, 110 DUI saturation patrols, two DUI court sting operations, where police hide out near the Harbor Justice Center to catch people driving to court with suspended licenses.

Sunday, September 20, 2009

DUI Here? Now, What About Going to Canada?

Getting right with Canada

There are three ways to get admitted into Canada once you've been convicted of a DUI. But you have to be prepared for lots of hassles, paperwork, fees and months of waiting for the Canadian bureaucracy to process your application.

1. If the completion of your DUI sentence is less than 5 years old, the only way to get into Canada is with a temporary resident permit, which costs $200 Canadian. (Having had your DUI knocked down from a gross misdemeanor to negligent or reckless driving can still prevent you from going to Canada.)

You'll need to show the reason for your visit is "urgent," said Peter Lilius, immigration program manager for the Canadian Consulate in Seattle.

A ski trip to Whistler is not deemed urgent. Think more along the lines of having an ill relative in Canada or an important business meeting you need to attend.

Even then, being admitted is not guaranteed.

The officers at the port of entry, said Lilius, "have the discretion."

Before driving to the border, you can click on the Seattle Canadian Consulate Web site at www.canadainternational.gc.ca/seattle.

You can download an application for a temporary visit and either mail it in or bring it in person.

"Processing times may be lengthy," says the consulate.

The Web site also contains frequently asked questions about visiting that country.

2. If you completed your DUI sentence more than five years ago, you can apply for Approval of Rehabilitation. The nonrefundable fee is either $200 or $1,000 (Canadian), depending on the seriousness of your crime.

The Canadians want proof "that you have a stable lifestyle and that it is unlikely that you will be involved in any further criminal activity."

It involves considerable paperwork. You will need to provide your FBI file. You will need to provide a "police certificate" of criminal history, if any, from every state in which you lived more than six months since age 18. You will need to explain each offense. You will have to provide dates and all your home addresses and places of employment since age 18.

Processing time can take a year or more.

But, if you're approved, then you'll no longer have problems at the border because of your past.

3. If you have had only one DUI, and sentencing was completed more than 10 years ago, you can drive to the border with basically the paperwork for the Approval of Rehabilitation.

A border officer can approve you on the spot, at no charge, and that past DUI will no longer be a problem when crossing the border.

Again, it's at the officer's discretion.

There also are law firms that specialize in helping you through the process.

David Andersson, a Canadian citizen who can practice law both in the U.S. and Canada, works with the law firm of Chang & Boos, which has offices in Bellingham.

Expect to pay $3,000 to $5,000 for them to handle the paperwork, which includes having someone from the firm accompany you to meet with Canadian border officials. Expect it to take three to six weeks from the start of paperwork to meeting with border officials.

Andersson says his firm handles only 10 to 15 such cases a year, a tenth of what it could do.

"I call it my drunk American practice," he says.

OCDA Looks To Make Example of Semi-Celebrity

Real Housewives' husband charged with drunken driving

Matt Keough, the former Major League Baseball pitcher who appeared on "The Real Housewives of Orange County" television program, has been charged with driving under the influence in an Aug. 15 incident in Coto de Caza, prosecutors said today.

Keough, 54, who lives in Coto de Caza, is facing one felony count of driving under the influence of alcohol with an earlier felony DUI conviction within 10 years, and one felony count of driving with a blood-alcohol level of 0.08 percent or more with an earlier felony DUI conviction within 10 years, the Orange County District Attorney's Office said in a news release.

Keough is also charged with sentencing enhancements for having a blood-alcohol level of 0.20 percent or more and an earlier 2005 felony DUI conviction, prosecutors said.

Keough was stopped at about 1:25 p.m. Aug. 15, when prosecutors said he ran a stop sign while driving his Chevrolet Suburban in Coto de Caza. Keough failed to stop when an Orange County sheriff's deputy activated his emergency lights, prosecutors said, and continued to drive a quarter mile to his home. The deputy detained Keough as he was walking toward the back door of his house, prosecutor said.

Keough refused to answer standard DUI investigation questions or perform field sobriety tests, according to prosecutors. He is accused of having a blood-alcohol limit of 0.30 percent an hour after the traffic stop and of having an open container of beer inside his vehicle, prosecutors said.

Keough appeared, along with his former Playboy centerfold wife and three teenage children, in the reality TV show "The Real Housewives of Orange County" on Bravo.

In the show's third season, Keough's wife, Jeana, announced the couple had separated.

From the late '70s to the mid-'80s, Keough pitched for a number of Major League Baseball teams, including the Oakland Athletics, the New York Yankees, the St. Louis Cardinals, the Chicago Cubs and the Houston Astros.

In 2005, Keough pleaded guilty to felony charges of driving under the influence of alcohol after he crashed his SUV into another SUV at a Rancho Santa Margarita red light, pushing the SUV into a man walking his bicycle across the street.

The man had to be hospitalized. Keough wandered away from the accident. His blood alcohol level was 2.5 times the legal limit more than three hours after sheriff's deputies tracked him down in a nearby store, according to Orange County Sheriff's Department spokesman Jim Amormino.

Keough was arrested in 2007 on charges that he violated the terms of his parole and in January 2008 was sentenced to 180 days in jail.

Keough is scheduled for arraignment Monday, Nov. 2, in the Harbor Justice Center in Newport Beach. If convicted, he faces three years in state prison, prosecutors said.

Friday, August 21, 2009

Press Conference Turned Manhunt in Dead Model Case

August 20, 2009

MANHUNT FOR CANADIAN FUGITIVE HUSBAND FOR MURDERING WIFE, STUFFING BODY IN SUITCASE, AND THROWING HER IN DUMPSTER

SANTA ANA - A warrant has been issued and charges have been filed against a fugitive husband for murdering his wife, stuffing her body in a suitcase, and throwing her in a Buena Park dumpster. Canadian national Ryan Alexander Jenkins, 32, Los Angeles, has been charged with one felony count of murder and faces a maximum sentence of 25 years to life in state prison if convicted. A $10 million warrant has been issued for Jenkins' arrest. 

Jenkins and 28-year-old Jasmine Fiore lived together in Los Angeles after being married in Las Vegas in April 2009. Fiore was a swimsuit model. Jenkins is a businessman who was recently featured as a contestant on the VH-1 reality program "Megan Wants a Millionaire." 

Fancy hotels, expensive cars, a dead model and a speedboat(!), this case has it all!

According to the OCDA's propaganda machine:

On Thursday, Aug. 13, 2009, Jenkins is accused of checking into the L'Auberge Del Mar hotel in San Diego with Fiore. The defendant is accused of leaving the hotel the following morning. Fiore was not seen alive again. Jenkins is accused of murdering Fiore, putting her body in a suitcase, and dumping her in a dumpster in Buena Park. 

At 7:10 a.m. on Saturday, Aug. 15, 2009, officers from the Buena Park Police Department (BPPD) responded to a call regarding a body in a dumpster in a residential area. The officers found a large blood-stained grey suitcase containing the body of a Caucasian female. The victim had been badly beaten, all of her fingers had been cut off, and all of her teeth had been forcibly removed. 

At approximately 8:55 p.m. that night, Jenkins is accused of going to the Los Angeles County Sheriff's Department to report Fiore missing. 

Jenkins, a Canadian citizen, is accused of fleeing. The defendant's black BMW X-5 was located with a boat trailer attached in a marina in Blaine, Washington. The defendant is accused of using a speed boat to flee from the U.S. to Canada. The victim's white Mercedes Benz CLS 550 has not been located. The Orange County District Attorney's Office has filed all of the necessary paperwork to issue an arrest warrant in Canada.

"This domestic violence is a brutal crime where a wife suffered at the hands of the person who should have loved her more than anyone else in the world," said Orange County District Attorney Tony Rackauckas. "Mr. Jenkins is considered dangerous, possibly armed, and has the financial means to hide anywhere in the world.  Anyone helping Mr. Jenkins hide from the police may go to prison themselves.  Mr. Jenkins should do the right thing and turn himself in before he gets himself into further trouble."  

Thursday, August 20, 2009

Model Killing Update: DA Schedules Presser. . . Then Quickly Cancels.

The Orange County DA quickly called a press conference to make an announcement concerning Ryan Jenkins (the subject of my previous post) and just as quickly canceled it. I warned that they would jump the gun. I was right.

They referred all questions to the Buena Park PD. They should have referred them to Dress Warm!

Tuesday, August 18, 2009

Now he has a Million Dollar Case.

SWIMSUIT MODEL FOUND DEAD IN THE OC. SUSPECT IDENTIFIED.

A body found in a suitcase in Buena Park has been identified as missing 28-year-old former swimsuit model Jasmine Fiore. Police believe she was strangled.

Authorities have already named a person of interest in the case. Ryan Alexander Jenkins, a 32-year-old Canadian man, first reported Fiore missing on Saturday evening. Jenkins is currently appearing on the VH1 reality series, "Megan Wants a Millionaire."

DRESS WARM says expect homicide charges to follow, post haste. OC always rushes to judgement while the ink is still drying on the fish wraps.

Sunday, July 5, 2009

AT LEAST IT WASN'T MORE CRACK

Former D.C. mayor, now Washington councilman, Marion Barry is at it again and has been arrested again--this time for stalking.

On the birthday of America, July 4, the U.S. Park Police arrested Barry and charged him with misdemeanor stalking. A Washington woman flagged down a Park Police officer on patrol and pointed to Barry, who was in another car. The woman said Barry was stalking her.

Barry was taken into custody, processed and released, but he must make a court appearance for the charge. A court date has not been set. Barry's other run-ins with the law have included a federal sting operation in 1990, when he was mayor. Surveillance cameras caught him smoking crack cocaine in a hotel room.

Despite his fall from grace, he was re-elected in 1994 to a four-year term as mayor. In his latest political comeback in 2004, Barry won a seat on the D.C. Council, on which he continues to serve.

Wednesday, June 10, 2009

Crash That Killed Nick Adenhart, Both Drivers DUI?

NOT SO FAST, IN THIS TRAGEDY.

Dresswarm has learned that the driver of the vehicle carrying a sober Nick Adenhart after the game was allegedly two times the legal limit (BAC .16).

Andrew Thomas Gallo, 22, of San Gabriel, is facing three counts of murder, drunk driving and fleeing the scene of an accident in connection with an April car crash that also killed Courtney Stewart, 20, of Diamond Bar and Henry Pearson, 25, of Manhattan Beach.

Police allege Gallo had a blood-alcohol content three times the legal limit when he allegedly ran a red light and broadsided the victims' car. He faces 55 years to life in prison if convicted.

The crash occurred in the early morning hours of April 9, just hours after Adenhart, a rookie right-hander, had thrown six shutout innings against the Oakland Athletics in his first outing of the season.

Gallo's attorney, Randall Longwith has indicated that he will file a motion to change venue, due to the vast pre-judgement of the case.

Saturday, May 30, 2009

Rihanna Will Testify

News of the expected: Rihanna will testify against Chris Brown.

In the latest news from the Chris Brown trial, Rihanna is expected to testify. This, while seemingly not news given the fact that the DA has subpoena power, is actually significant. Newly enacted Prop 9 (Marsy's Law) gives crime victims considerable say about whether or not they will participate in the prosecution.

Here is a recap:

  • Lawyer says singer has cleared her schedule to comply with a subpoena
  • Chris Brown previously said he hoped to resolve the case without public testimony
  • Judge: Leak of photo showing Rihanna with bloodied face won't hinder prosecution
  • Brown allegedly attacked Rihanna after she found text from another woman

Dress Warm will continue to follow and comment, should they ever get the trial off the ground.

Sunday, May 17, 2009

Hall of Famer Sacked by DUI Cops

Legendary NFL Hall of Famer Bruce Smith arrested for his 3rd DUI.

Well, fire up the lawyers because Bruce Smith has been arrested for his 3rd DUI. Of note is the fact the he beat his first 2 DUI arrests. Smith may just beat this one as well because he refused to take a chemical test. While I dont know what the law is with respect to refusals in Virginia, the cops and the DA will have to prove that he drove under the influence without any actual evidence of what his Blood Alcohol Content was. Remember, as it is not illegal to drink and drive (provided you are under the limit), the smell of alcohol will not convict anyone.

My money is on Bruce to beat number 3 which, unofficially, will be a record. Dress Warm will follow the case and update accordingly. Cheers!

Suspects Use the Jedi Mind Trick to Rob Jewlery Store

The force apparently runs strong with these brazen jewel theives in Beverly Hills. I will have to remember to get my fee up front, if they need representation when caught.

Police in Beverly Hills are searching for a pair of jewelry thieves that use distraction techniques to steal expensive items without anyone noticing.Police officers say there have been a series of these robberies throughout the Beverly Hills area over the past several weeks. They are focusing on two thieves that may or may not be working together.

Police in Beverly Hills are searching for a pair of jewelry thieves that use distraction techniques to steal expensive items without anyone noticing.Police officers say there have been a series of these robberies throughout the Beverly Hills area over the past several weeks. They are focusing on two thieves that may or may not be working together. Both incidents were caught by surveillance cameras.In the first incident on March 31st, a thief posing as a customer steals an $18,000 ring right in front of the sales clerk. He distracts the clerk who is showing him a tray of expensive items and snatches the ring right from under her nose. The clerk told investigators she wasn't sure what happened to the ring, but was afraid to embarass the potential customer.In a second incident, also caught on tape, a man distracts the sales employees by talking on his cell phone while walking around the store. When no one is looking, he opens a drawer and grabs $100,000 worth of jewels. The same thief struck two different stores on May 1st and May 7th.Investigators say what makes these crime even more brazen is that security cameras can be seen in several locations with the stores.

Both incidents were caught by surveillance cameras.In the first incident on March 31st, a thief posing as a customer steals an $18,000 ring right in front of the sales clerk. He distracts the clerk who is showing him a tray of expensive items and snatches the ring right from under her nose. The clerk told investigators she wasn't sure what happened to the ring, but was afraid to embarass the potential customer.In a second incident, also caught on tape, a man distracts the sales employees by talking on his cell phone while walking around the store. When no one is looking, he opens a drawer and grabs $100,000 worth of jewels. The same thief struck two different stores on May 1st and May 7th.

Investigators say what makes these crime even more brazen is that security cameras can be seen in several locations with the stores.



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Thursday, April 30, 2009

THE REAL HOUSEWIVES OF OC NEED NOT PROCESS HER APPLICATION

HUSBAND AND WIFE ARRESTED AND CHARGED WITH CALIFORNIA'S LARGEST PREMIUM INSURANCE FRAUD SCAM FOR COMMITTING $38 MILLION IN FRAUD AND SPENDING HIDDEN INCOME ON LAVISH LIFESTYLE
*Over $500,000 in jewelry recovered along with application for "Real Housewives of Orange County"

SANTA ANA - A husband and wife accused of living a lavish lifestyle of high-end cars, vacations, and shopping which was financed by committing more than $38 million in premium insurance fraud were arrested yesterday. This is the largest known Workers' Compensation Insurance fraud case in California's history. This case was investigated by the Orange County District Attorney's Office (OCDA) and the Orange County Premium Fraud Task Force, a collaboration of investigators from the OCDA, Department of Insurance (DOI), California Employment Development Department (EDD), Franchise Tax Board, and Contractors State License Board.

Michael Vincent Petronella, also known as Michael Constantine, 50, and his wife Devon Lynn Kile, 44, both of Laguna Hills, are charged with 106 felony counts including conspiracy to commit a crime, grand theft, insurance fraud, filing a false tax return, willfully failing to file or filing fraudulent tax returns, misrepresenting facts to State Compensation Insurance Fund, making fraudulent statements, making false statements to discourage an injured worker from claiming benefits, misrepresenting facts to workers' compensation insurance company, and failing to file a return with the intent to evade tax. The defendants both face sentencing enhancements and allegations for aggravated white collar crime over $2.5 million, $500,000, and $100,000. If convicted on all counts, the defendants each face a sentence ranging from five years and four months up to 102 years in state prison. Petronella and Kile are being held on $10 million bail each and must prove the money is from a legal and legitimate source before posting bond.

Following a 2-year investigation by the OCDA with assistance from several agencies (listed above), Petronella and Kile were arrested at approximately 7:00 a.m. yesterday, April 29, 2009, at their Laguna Hills home. A search of six locations including two residences, two businesses, a storage unit and a Certified Public Accountant's office turned up more than $500,000 in jewelry, $51,000 cash, and an application from Kile to be featured on the Bravo series Real Housewives of Orange County.

The couple, who live in Laguna Hills, own five properties in California and Texas, and multiple luxury vehicles including a Bentley, two Ferraris, and a Range Rover. Between 2005 and 2007, Petronella and Kile are accused of claiming less than $290,000 of income on their tax returns, but spending more than $2.1 million on their American Express credit card for personal items. They are accused of spending thousands of dollars on jewelry, shoes, clothes, and other personal items at stores including Balenciaga, Bloomingdale's, Chanel, Christian Louboutin, Gucci, Kitson, Neiman-Marcus, Nordstrom, Yves Saint Laurent, and others.

"Controversial" Law Appears to Work

Guy Shoots, Woman Dies

MIAMI, Florida -- The DA does not plan to file charges against a Florida orange grove owner who fatally shot a 21-year-old woman, properly stating that he is protected under the state's "no retreat" law. Police said Nikki McCormick accompanied Phillips as he attempted to steal the SUV from a barn in an orange grove near Wahneta, Florida, before daylight Tuesday.

Grove owner Ladon "Jamie" Jones opened fire as the SUV approached him, according to an affidavit released by the Polk County Sheriff's Office. Phillips fled; McCormick was shot in the head and later died.

Authorities said Jones is protected by Florida's "no retreat" law, which gives him the right to use lethal force if he reasonably believes his life is in danger. The Media has clamored to describe the law as "controversial" or "extreme," but in fact it is neither. The law codifies the history of self-defense and is, in fact, a correct interpretation of the common law. What it also does is act as one of the few laws that takes power, previously held to be only the privilege of the government and not of the people, and returns it to the citizen. While the hand-wringers in the media and "progressive" states fret over a law that is so basic in its moral application, I do not. Two people tried to steal Mr. Jones car. When, in Mr. Jones' car, they drove straight at Mr. Jones, Mr. Jones shot and killed one of them. What is "controversial" about that?

Monday, April 13, 2009

Phil Spector Guilty

There you have it. Predictably, he was remanded into custody where he will remain for quite some time. The lesson here: always be the first trial lawyer, never the second. Re-trials stink for the defense. Just ask the Menendez brothers.

Verdict in Spector Case

Jury Reaches Verdict in Phil Spector Case


Phil Spector is on trial for the shooting death of 40-year-old actress Lana Clarkson. His first trial ended with a deadlocked jury, although the majority was convinced he was guilty.

The jury in the murder trial has signaled it has reached a verdict. More as it develops. . . .

Friday, April 10, 2009

It's Official--Murder Charges

According to the OC DA, three counts of Murder and one Count of felony fleeing the scene of a collision will be filed against Andrew Thomas Gallo, the guy who was allegedly driving under the influence with a suspended license while on probation for a prior DUI and hit and killed Nick Adenhart and two others on April 9, 2009. He will be arraigned on Monday, April 13, 2009.

Having been in that court all morning, I can report it is absolutely abuzz about this case. Monday will be a madhouse. As usual, extraordinary cases make for bad law in the ordinary cases. Look for all sentences on DUIs to increase in the coming months.

Thursday, April 9, 2009

Tragedy Portends Pitchfork Justice--OC Style

Angels rookie Pitcher Nick Adenhart, 22, was a hard-throwing pitcher who, through hard work and dedication, rehabbed from arm surgery to make it to the Bigs. Tragically, he and two others were killed when, according to Fullerton Cops, a minivan ran a red light at a Fullerton intersection and broadsided the small Mitsubishi sports car the budding baseball star was riding in. The driver of the minivan, Andrew Thomas Gallo, 22, of Riverside, was arrested on suspicion of drunken driving, hit and run and manslaughter. Murder charges will likely follow.

Gallo was driving on a suspended license after a previous drunken-driving conviction, Hamilton said. Court records from Orange and Riverside counties show that a man named Andrew Gallo was convicted of driving without a valid license, burglary and possession of a controlled substance, among other charges, in 2004 and 2005.

It will take a Herculean effort by Gallo's lawyer (likely the Public Defender) to simply ensure that he gets a fair trial. He will likely not be offered any plea bargain by the OC DA and most judges will be looking to give him the maximum possible sentence, due to the media attention and public outcry. Pitchfork Justice? Grab your torch, this is Orange County.

Saturday, April 4, 2009

OC Sheriff Arrested, In Custody in Riverside

An Orange County Sheriff's deputy is locked up today on suspicion of raping a child under age 14, Riverside County Sheriff's and jail officials said.

Deputy Wilbert Dale Garcia, 49, was arrested about 4 p.m. Friday during a traffic stop in Murrieta, and remains locked up today.

"He was arrested following an investigation," said Riverside County Sheriff's Deputy Matt Diaz in a phone interview. "He was a 19-year veteran of law enforcement."

Garcia was held today on three offenses — one count of continual sexual abuse of a child and two counts of aggravated child sexual assault, a jailer said in a phone interview.

“The Wildomar Police Department is not releasing the protected identity of the victim in this investigation,” Diaz said in a statement. He said deputies “are reviewing evidence in this continuing investigation to determine if other victims exist.”

Orange County Sheriff's personnel were on hand to take Garcia into custody as his car was stopped at the corner of Washington Avenue at Nutmeg Street in Murrieta.

Garcia remained locked up today on $250,000 bail, sheriff's and jail officials said. Garcia has been placed on administrative leave and the OC Sherriff's is beginning its own personnel investigation.

"It's disturbing when anyone gets arrested for the crimes alleged," said Orange County Sheriff's spokesman Jim Amormino. "It's especially disturbing when it's a law enforcement officer."
Amormino said Garcia had been stationed as a patrol deputy in South County and has spent his 19 years in law enforcement as an Orange County deputy.

Tuesday, March 31, 2009

GETTING THE DUI THAT YOU DESERVE

Ohio man arrested for drunk driving on a homemade vehicle (a barstool!)

According to the Smokinggun:

MARCH 31--In a law enforcement first, Ohio cops this month arrested a man for drunk driving on a motorized bar stool. That's right, a motorized bar stool, which can be seen below in a police evidence photo. According to cops, Kile Wygle, 28, crashed his bar stool near his Newark home earlier this month and called 911 due to his injuries. When an officer arrived and asked Wygle what happened, he answered, "I wrecked my bar stool." According to a Newark Police Division report, Wygle's homemade ride is powered by a Briggs & Stratton lawnmower engine. Wygle noted that the bar stool could hit nearly 40 miles per hour, but that he was only going 20 when he wiped out late in the afternoon on March 4 (a witness told police that he spotted someone driving a "strange motorized machine" before the crash). A plastered Wygle, who failed a series of field sobriety tests, was charged with DUI and driving with a suspended license, both misdemeanors. His bar stool was not impounded.

Wednesday, March 25, 2009

I Stand Corrected.

You Can't Spend It If You're Dead, But You Can On The Run!

MEXICO CITY, Mexico (CNN) -- The Mexican army has arrested a top drug cartel chief and four of his bodyguards, the government announced Wednesday.

Suspected drug kingpin Hector Huerta Rios faces members of the press Wednesday in Mexico City.

Suspected drug kingpin Hector Huerta Rios faces members of the press Wednesday in Mexico City.

Hector Huerta Rios, also known as "La Burra" or "El Junior," was arrested Tuesday in the city of San Pedro Garza Garcia in Nuevo Leon state, along Mexico's border with the United States. The state-run Notimex news agency reported the announcement, citing a news conference held by the secretary of national defense and the attorney general's office.

Huerta was flown to Mexico City on Tuesday night to face federal charges.

Federal officials showed the four suspects to the media in a news conference Wednesday. Video footage on CNN affiliate Televisa shows Huerta flanked on each side by two other suspects. He is looking straight ahead, a solemn countenance on his mustachioed face. Hooded soldiers are stationed to the sides and behind the suspects.

Huerta is a suspect in the September 2006 shooting death of Marcelo Garza y Garza, the head of the State Agency of Investigations, news reports said.

News of Huerta's capture made the front pages of El Porvenir, La Prensa and El Milenio newspapers.

Huerta's arrest came one day after Mexican authorities announced rewards of up to $2 million for information leading to the capture of top cartel operatives.

Monday, March 23, 2009

You Can't Spend It If You're Dead. . .

Mexican Authorities offer $2 million for the heads of drug lords.

Mexico's government on Monday offered $2 million each for information leading to the arrest of 24 top drug lords in a public challenge to the cartels' violent grip on the country.

The list indicated that drug gangs have splintered into six main cartels under pressure from the U.S. and Mexican governments. The two most powerful gangs—the Sinaloa and Gulf cartels—each suffered fractures that have given rise to new cartels, according to the list published by the Attorney General's Office.

The list offers 30 million pesos ($2 million) in rewards for 24 top members of the cartels and 15 million pesos ($1 million) for 13 of their lieutenants. Arrest warrants have been issued for all 37 people on the list, the Attorney General's Office said.

The Mexican government, long ineffective against the drug lords that run the country, did not indicate how they would protect any informers. Considering that the drug cartels have more money than the government and an effective track record for the old ultra-violence, I won't bet anything will come of this bounty.

Tuesday, March 17, 2009

Howard K. Stern Gets Great Lawyer.

Unfortunately, I will have to stem my commentary and personal attacks on Howard K. Stern (see prior post). He is represented by my good friend and terrific trial attorney, Christopher Smith. For the unacquainted, Chris is a powerful defense attorney, understated and well-studied; he is perfect for this defense. While you may not know him now, you will.

So now I have to wish him, and, by proxy, Howard K. Stern good luck in trial. What a strange turn.

Friday, March 13, 2009

Howard K. Stern, Still a Lawyer.

California Attorney Howard K. Stern Charged by Felony Compliant

Howard K Stern, public embarrassment and professional hanger-on, remains a member of the State Bar of California despite years of bad behavior. For years Mr. Stern has been gracing the tabloids with his graceless presence, and now he will grace the defendant's chair in an upcoming preliminary hearing. Not that I take joy in accusation. OK, well, I do. But that is not the point. Reputation and conduct matter.

Mr. Stern, your real 15 minutes of fame are just beginning.

Tuesday, March 3, 2009

The Baddest Man in America

Uh, yea, Officer, he was a black male, long hair, six foot, always wears sunglasses. . .

You know you are Badass when you get to keep your shades on for a mug shot. How'd that go, exactly?

Deputy: Sir, please remove your sunglasses so we can take your mugshot.
Badass: Aw, hell no.
Deputy: You're the boss. (Click)

Of course, this is made all the more classic by the fact that he appears to be in a jail jumpsuit.

Monday, March 2, 2009

American Exceptionalism, Imprisoned

The locomotive to the penitentiary continues. . .

One in every 31 U.S. adults is in the corrections system, which includes jail, prison, probation and supervision, more than double the rate of a quarter century ago, according to a report released on Monday by the Pew Center on the States.

The study, which said the current rate compares to one in 77 in 1982, concluded that with declining resources, more emphasis should be put on community supervision, not jail or prison.

The greatest country in the world has the highest per capita incarceration rate of any civilized country. This shameful track record is unnecessary and a direct result of weak and pandering politicians who, interested more in votes than justice, repeatedly pass laws that incarcerate petty criminals and drug addicts. Massive reform is needed.

Sunday, February 22, 2009

The Death of Juvenile Justice

11-year old to be tried as an adult.

An 11-year old boy in Pennsylvania allegedly killed his dad's girlfriend. Under Pennsylvania law, anyone over the age of 10 accused of murder or homicide is charged as an adult. If convicted, the boy faces a maximum sentence of life in prison. Such a law shocks the conscience and should be repealed.

And please save the "if you can't do the time" or the "what if it was your girlfriend" bumper-sticker law commentary. For the record, if I am ever killed by an 11-year old, do not charge him or her as an adult. It is cruel, unusual, and debases us all.

Monday, February 16, 2009

It's Your Money, Taxpayers.

Phelps Won't be Charged in Marijuana Smoking "Investigation."

Let's review, shall we:

1. A taxpayer funded multiple-officer "investigation" ensued over the private use of marijuana on a college campus and grabbed media headlines but did nothing more. Cost--approx $10-15K
2. An American Hero is needlessly subjected to the scrutiny and stress of an unprecedented criminal "investigation."
3. A local Sheriff's Department that, heretofore was not regarded by anyone, is now regarded by everyone as vindictive and incompetent--take that Mike Nifong!
4. The Sheriff's Department calls a press conference to announce that charges will not be filed. Hey, one last opportunity to get on TV, right?
5. Did I mention that this idiocy was taxpayer funded?!?

Thursday, February 12, 2009

Police Investigate Marijuana Smoked Months Ago!

From the Equal Justice Under the Law Files. . .

Michael Phelps and others (really just Phelps) are being "investigated" for MARIJUANA, smoked IN NOVEMBER. Geez, assemble a task force whydontya.

Look folks, corruption comes in many forms. This is one of them. When the police abuse taxpayer resources to go on a media fishing trip in Michael Phelps' Pond, something is very wrong. An investigation for marijuana use at a college campus!??!! Have these cops no shame?

The Richland County Sheriff's Department had this to say "As soon as we're ready to release information on this case we will and we're still in the middle of this investigation," said Lt. Chris Cowan. Really? You're in "the middle" of an investigation into marijuana smoking on a college campus? That must be the safest town in America because there sure doesn't seem like there is anything else to do but single out a celebrity and American hero all because he used marijuana.

How unAmerican.

Saturday, February 7, 2009

Continued and outrageous assault on the Constitution Alert!!

Bad Case Alert ***People v. Bennett; 2009 DJ DAR 1429; DJ, 1/30/09; Cal. Supremes***

Well, California, the leading State in opposition to Constitutional justice, is at it again. In the Bennett case, the DA repeatedly asked witnesses whether the sheriff's DNA lab could have been ordered to release samples to the defense for testing. The trial judge actually sustained the defense objection, as this was an improper question designed to shift the burden of proof to the defense. It’s a close equivalent to asking witnesses whether or not the defendant has the ability to testify or produce other evidence. Of course, the rule used to be that the State had to prove a defendant’s guilt beyond a reasonable doubt and that the defendant had no obligation to prove (or even disprove) anything. With the Bennett case, that long established rule is under attack.

Bennett was a death penalty case so, of course, if the Supremes sanction this type of questioning when a life is at stake, they have no problem with it when the stakes are less. And when the stakes are less, more DA mischief can abound.

In most misdemeanor cases, the DA playbook is to stand up during jury selection and tell the prospective jury that the case before them is “only a misdemeanor,” about how this isn’t CSI and there will be no black lights or DNA, etc., and that county resources are precious and the DA can’t be expected to follow all leads and test all evidence. I’ve heard it a hundred times.
And now we have the Bennett case. What an opportunity for the DA to be dishonest with the jury! When it suits the State, funded by millions of taxpayers, resources are precious and this is “only a misdemeanor” so they can’t be expected to spend enough to do a good job. But when it comes to the defendant, a single taxpayer, not funded by anyone, he is expected to spare no expense, retest all the evidence and probably go bankrupt in the process. And if he doesn’t? Then the DA will ask every witness about what the defendant didn’t do and argue to the jury that the defendant’s failure to present evidence equals guilt. How unconstitutional and hypocritical.

The DA and the Supreme Court, using the Bennett analysis, sanction the idea that a criminal defendant should be forced to establish innocence. They want the jury to ignore the Presumption of Innocence and focus on what the defense didn’t do. Truly outrageous!

Monday, February 2, 2009

JonBenet redux--Boulder Police Can Botch it All Over Again.

Boulder Police Take Over, Yet Again

Boulder Police, the department that ludicrously botched the JonBenet Ramsey investigation the first time, inflicting grave consequences on the family and depriving the public of justice, is at it again. Now, they hope "new technology" will help them. Let's just hope the same detectives are not administering that "new technology."

Of course, if you contaminate a crime scene enough, all the technology in the world won't help. It will be interesting to see whether technology can bail out original negligence. One thing is clear: the defense attorney for whomever is arrested (if any one) seems to have built-in reasonable doubt--thanks to the now-back-in-charge Boulder PD.

Thursday, January 29, 2009

Court's reaction to poop tosser shits on us all.

Throw Feces--Get New Lawyer!

Most have heard of the story of the defendant throwing his own shit on his defense attorney (and a defense-less juror). OK, pause, insert your own joke here. Now that we have that out of the way, let’s think about this critically.

First, this behavior is obviously reprehensible and an affront to judicial and human dignity. By all accounts—and I have first hand accounts—the assaulted lawyer is a patient and competent defense attorney. According to those in the know, he is a nice man. This is probably not an easy feat, at least not if his other clients are anywhere near as appreciative as his latest client.

Second, I find it amazing that this defendant could smuggle a bag of his own feces past the guards and into open court. That must have been some seal on that bag. Nice work, deputy.

Finally, and most importantly, take a look at what this guy wanted. The defendant stated repeatedly that he wanted a new lawyer and a new trial. Denied. So, he took matter into his own hands. This act, assaulting the one man who would protect and help him, got him exactly what he wanted. He now has a new lawyer and soon will have a new trial. What a disgrace. The behavior is now rewarded. A precedent has been set. If there is a cauldron of worse ideas in the world than county jail, I have not seen it. Consider it the anti-Think Tank. County jail and its inhabitants love trends. Now, gassing your lawyer and the rest of the court is the trendiest way to get a new lawyer and a new trial. The official reaction to this act ensures us that it will be en vogue to do this kind of thing whenever a trial is not going a defendant’s way or if there is conflict between lawyer and client.

Instead of assigning a new lawyer, why not assign a few more deputies? Why not isolate the defendant? After all, he made his bed of shit, why is he exempt from it? What part of the Constitution supports the removal of the old lawyer and giving him a new one? The Framers fought vigorously for us to be free from government oppression and inequity. They did not seek to ensure that the saboteur would have endless opportunity to corrupt the process.

Saturday, January 24, 2009

Sadistic Corrections Officers (gasp!)

Uhhhh. . . “Secret” Society of Guards Who Sadistically Beat Inmates?

In other “secret” news, the sky is blue.

Three correction officers created a sadistic secret society on a Rikers Island cellblock, ordering prisoners to extort and beat other inmates, prosecutors charged Thursday. Officers Michael McKie, Khalid Nelson and Denise Albright called their fight club "The Program," and the teens they recruited as enforcers were "The Team," officials said.

Understand, we are talking about county jail. Not state prison. The conduct alleged to have occurred by the corrections officers would be unacceptable and criminal and any setting. But pay close attention to this particular setting. County jail is a place where low-level criminals serve a sentence after adjudication and, more importantly, the accused—those people who are presumed innocent—await trial. These are husbands, fathers, sons, daughters and mothers who simply stand accused of crime. To subject these people to such a brutal environment is itself criminal. Unfortunately, it is common. The rights of jail inmates are not exactly push button political issues that instantly garner public support. Despite the most egregious violations seen--from Rikers Island, NY to the Orange County Jail, CA-- in the past year alone, no one seems to care about the plight of the accused. In fact, when a story like this is reported, the emphasis is on a “secret society” of rogue guards who engage in misconduct. It comforts us to think that this is just a few bad apples in a large bunch. It comforts us further to think that the society is actually “secret,” unknown to supervising authorities. The contrary is true. Inmate abuses are open and tacitly encouraged by those in power. Only when caught, do authorities feign outrage and seek to punish the patsies.

Thursday, January 22, 2009

Don't Lawyer Yourself Into a Corner--Especially if you are the Lawyer.

It's About Me, Stupid!

It is never--and I mean never-- a good sign when your criminal defense lawyer is busy defending himself in the media and in front of the State Bar while your case is ongoing. This is the situation that Casey Anthony unfortunately finds herself in. In one of the most high profile cases of the year, her attorney has painted himself into a corner and is battling furiously for his own credibility. Compare that to the masterful job Thomas Arthur Mesereau, Jr., did with Michael Jackson, where Mr. Mesereau constantly avoided the spotlight until after the case was over.

Some simple advice: win the case and you'll get your desired recognition. Botch the case and, well, you still may become famous and rich. Accordingly, I guess the only downside is felt by the client. Protect the client at all times.