Dress Warm

But Who Was The Better Singer??

2010-06-09T21:25:00.000-07:00

MAN FACES TRIAL FOR STABBING AND MURDERING ACQUAINTANCE IN PARK AFTER DISPUTE OVER WHO WAS A BETTER SINGER
*Co-defendant has pleaded guilty in this case and is expected to testify in the trial

SANTA ANA - A man faces trial tomorrow for stabbing and murdering an acquaintance in a park after an argument over who was a better singer. Julian Sermano, 58, San Juan Capistrano, is charged with one felony count of murder, one felony count of aggravated assault, and a sentencing enhancement for the personal use of a deadly weapon. If convicted, he faces a maximum sentence of 26 years to life in state prison. Opening statements are expected to begin tomorrow, Thursday, June 10, 2010, in Department C-38, Central Justice Center, Santa Ana. The time is to be determined.

Co-defendant Maurico Molina, 34, San Juan Capistrano, pleaded guilty Sept. 4, 2009, to one felony count of voluntary manslaughter with a sentencing enhancement for the personal use of a deadly weapon. He was sentenced May 21, 2010, to 11 years in state prison. Molina is expected to testify in the jury trial.

At approximately 9:30 p.m. on June 6, 2007, Sermano is accused of being in San Juan Capistrano Park off Ortega Highway with acquaintances Molina and 39-year-old Blas Gutierrez. The defendant is accused of drinking in the park with his two companions as the three sat singing.

Sermano is accused of becoming angry and getting into an argument with Gutierrez, who complained about Sermano's singing and boasted that he was a better singer. The defendant is accused of getting into a physical fight with Gutierrez, which Molina attempted to break up. Molina began fighting with Gutierrez, pulled out a pocket knife, and stabbed the victim twice.

While Molina and Gutierrez were fighting, Sermano is accused of taking out a knife and attempting to stab the victim, missing and inadvertently stabbing Molina instead. When Molina fell to the ground, Sermano is accused of again turning on Gutierrez and repeatedly stabbing him after chasing him through the park.

Molina called 911 to receive help for his stab wound. Responding paramedics discovered Gutierrez nearby. Gutierrez and Molina were both transported to Mission Hospital. Gutierrez was pronounced dead minutes after arriving at the hospital, suffering from multiple stab wounds to his chest and stomach. Molina was hospitalized for several days for a lacerated liver from being stabbed.

More Cop Trouble, Jurors (who automatically believe the cops)

2010-06-09T19:55:00.000-07:00

June 9, 2010

Case # TBA

OCSD DEPUTY CHARGED WITH INJURING 78-YEAR-OLD IN CRASH WHILE DRIVING UNDER THE INFLUENCE OF PRESCRIPTION DRUGS
*Defendant is also charged with using fake cocaine to buy prescription drugs in an unrelated case

SANTA ANA - An off-duty Orange County Sheriff's deputy was arrested and charged today with injuring a 78-year-old woman after crashing into her car while driving under the influence of prescription drugs. He is also charged with using fake cocaine to purchase prescription drugs. Allan James Waters, 36, Laguna Niguel, has been charged with one felony count of driving under the influence causing bodily injury and two felony counts of selling a substance in lieu of cocaine with a sentencing enhancement for causing great bodily injury. If convicted, he faces a maximum sentence of seven years and four months in state prison. Waters is being held on $100,000 bail and is expected to be arraigned Friday, June 11, 2010, in Department CJ-1, Central Jail, Santa Ana. The time is to be determined.

Driving Under the Influence Causing Injury Charge
At approximately 4:45 p.m. on March 1, 2010, Waters is accused of driving southbound on Golden Lantern Street in Dana Point. He is accused of failing to stop and crashing into the back of a vehicle that had stopped at a red light in front of him. Deputies from the Orange County Sheriff's Department (OCSD) responded to the scene and released Waters and the other driver approximately 30 minutes later after taking a report of the incident. The responding deputies were aware that Waters was an OCSD employee.

At approximately 5:20 p.m., seven minutes after leaving the scene of the first crash, Waters is accused of driving northbound on Golden Lantern Street. He is accused of driving erratically including failing to accelerate at a green light, stopping partially in an intersection on a red light, and almost crashing into a passing motorist. Multiple drivers called 911 to report his driving.

Waters is accused of swerving and hitting the curb before over-correcting and swerving to his left. He is accused of crossing over the middle lane and crashing into a vehicle driving in the far left lane. The victim's vehicle was forced over a planter onto the wrong side of the road, where it came to a stop facing northbound in the southbound lanes.

The defendant is accused of driving forward for a short distance before coming to a stop. OCSD deputies arrived at the scene and contacted the California Highway Patrol (CHP) to investigate. CHP officers contacted Waters at the scene. The defendant is accused of displaying objective signs of drug intoxication including slurred speech, a lack of balance, and trouble following directions. Waters is accused of being impaired while driving and under the influence of prescription drugs Zolpidem and Hydrocodone. He was arrested at the scene. He was later released pending further investigation.

The driver of the victim's car sustained minor injuries. The passenger in that vehicle, a 78-year-old woman, was transported to the hospital and sustained injuries to her back for which she later had surgery.

Drug Charges
During the driving under the influence investigation, detectives also began investigating Waters for drug-related charges. On April 15, 2010 and April 30, 2010, Waters is accused of meeting a friend after arranging to receive Opanas and Oxycontin, prescription drugs, in exchange for money and cocaine. He is accused of providing the friend with a fake white powdery substance under the false pretense that it was cocaine.

OCSD arrested Waters this afternoon, Wednesday, June 9, 2010.

Truly Tragic..

2010-06-08T21:30:00.001-07:00

DRIVER UNDER THE INFLUENCE OF ALCOHOL AND PRESCRIPTION DRUGS FACES TRIAL FOR CRASHING INTO AND MURDERING MOM WHO WAS RIDING BIKE WITH SON

SANTA ANA - A driver under the influence of prescription drugs and alcohol faces trial tomorrow for murdering a woman by crashing his car into her while she was riding her bike on the sidewalk with her son. Alex David Trujillo, 45, Garden Grove, is charged with one felony count of murder and faces a maximum sentence of 15 years to life in state prison if convicted. Opening statements are expected to begin tomorrow, Wednesday, June 9, 2010, at 9:30 a.m. in Department C-34, Central Justice Center, Santa Ana.

At approximately 4:55 p.m. on Oct. 12, 2008, 46-year-old Catherine Busse was riding her bike on Lampson Avenue in Seal Beach with her 15-year-old son, Samuel Busse. The pair was riding on the sidewalk. Trujillo is accused of veering off the road up onto the sidewalk at 45 mph while driving under the influence of multiple prescription drugs and with a blood alcohol level of .11 percent.

Trujillo is accused of crashing his car into Catherine Busse, who was thrown from her bike and landed nearby. Witnesses called 911 and detained Trujillo until police arrived. Catherine Busse died at the scene due to blunt force trauma to the head. Her son, Samuel Busse, was transported to the hospital to be treated for minor injuries.

How Did I Get Caught?

2010-06-08T06:20:00.000-07:00

June 7, 2010

Case # 10NF1223

TRUCK RENTAL COMPANY SECRETARY CONVICTED OF EMBEZZLING OVER $140,000 BY FORGING CHECKS AND FALSIFYING COMPANY FINANCIAL RECORDS

Well, for starters, Don't Make Them Payable To Yourself! And Then Deposit in Your Personal Account!

SANTA ANA - A truck rental company secretary was convicted today of embezzling over $140,000 by writing company checks to herself and falsifying business financial records. Beverly Joan Winter, 59, Tustin, pleaded guilty to a court offer to 34 felony counts of forgery and 34 felony counts of falsifying records with sentencing enhancements and allegations for aggravated white collar crime over $100,000, loss over $100,000, and property damage over $65,000. She was sentenced to one year in jail, five years of probation, and ordered to pay full restitution. The People objected to the court's offer, advocating for a sentence of three years in state prison based on Winter's criminal record, violation of trust,
amount of theft, and number of violations.

In early 2005, Winter began working as secretary for David Linskens, owner of Five Star Water Truck Rental, Inc. (Five Star) in Anaheim. Five Star provides water trucks and licensed operators to companies that require a water source for large scale construction projects. As company secretary, Winter was responsible for managing the company's finances and had access and control over the company's bank account, checks, and financial records.

Between June 29, 2005, and July 28, 2008, Winter forged over 130 company checks, making them payable to herself, and deposited them into her personal bank account. She wrote herself checks amounting to more than $140,000 without the knowledge or consent of Linskens. In order to conceal the theft, Winter falsified the company's financial records by altering the payee to reflect a legitimate business or individual with whom the company did business.

In early September 2008, the bank contacted Linskens to inform him that Five Star's account had been overdrawn. Upon comparing the company's bank account statements and accounting records, Linskens discovered several financial inconsistencies and contacted the police.

Brilliant!--Until He Got Caught

2010-06-04T15:57:00.000-07:00

MAN CHARGED WITH GRAND THEFT OVER $3.5 MILLION IN FRAUDULENT SCHEME OF REAL PROPERTY THEFT AND RENTING OUT HOUSES

SANTA ANA - A man was charged today with stealing over $3.5 million in a fraudulent scheme of real property theft and renting out houses he took over. Blair Christopher Hanloh, 46, Long Beach, is charged with eight felony counts of grand theft, five felony counts of recording false and forged instruments, one felony count of second degree commercial burglary, and sentencing enhancement allegations for property theft over $65,000, $200,000, $1.3 million, $3.2 million, and aggravated white collar crime over $100,000 and $500,000. If convicted, he faces a maximum sentence of 21 years in state prison. Hanloh is scheduled to be arraigned July 14, 2010, at 8:30 a.m. in Department C-55, Central Justice Center, Santa Ana.

Hanloh owned and operated Blair Hanloh Trustee of Diversified Management Trust (Diversified Management). He is accused of starting this company to file quitclaim deeds to fraudulently transfer properties from himself to Diversified Management. A quitclaim deed is a document filed with the County Recorder's Office that severs ownership of the person filing from a specified property and passes ownership to another named party.

Prior to Feb. 1, 2010, Hanloh is accused of going to properties on Birch Tree Lane in Anaheim and Sea Bright Drive in San Clemente to assess whether they were vacant or mid-foreclosure. He did not own these homes. The defendant is accused of posting an abandoned property notice on the houses. After a couple of weeks, Hanloh is accused of fraudulently taking possession of the houses, drilling the locks and entering the homes. He is accused of changing the locks and posting a "No Trespassing" sign on the houses.

On Feb. 1, 2010, Hanloh is accused of filing two fraudulent quitclaim deeds on Birch Tree and Sea Bright Drive homes. The defendant is accused of fixing up the homes and posting them for rent on Craigslist. He is accused of renting out the properties to unsuspecting families by having them sign a fraudulent lease agreement.

On March 5, 2010, Hanloh is accused of taking possession of and filing a fraudulent quitclaim deed on a property on Rainview Court in Anaheim. Hanloh is accused of entering the house with the intent to commit larceny. On March 11, 2010, Hanloh is accused of fraudulently taking possession of two houses, one in foreclosure on Del Gado Road in Dana Point and the other due to be sold in public auction on Avenida Valencia in San Clemente. He is accused of filing fraudulent quitclaim deeds and renting out the houses to unsuspecting renters by having them sign fraudulent lease agreements.

The Anaheim Police Department began investigating Hanloh after they received a call from the legal owner of the Rainview Court property about tenants in his home that he did not know and had not rented from him.

There You Have It.

2010-05-26T22:02:00.000-07:00

SANTA ANA - A Tustin man was sentenced today to two years in state prison and lifetime sex offender registration for sexually assaulting a Tustin High School student while she was walking home. Jonathan Jimenez-Gonzalez, 19, Tustin, pleaded guilty May 10, 2010, to one felony count each of assault with intent to commit a sexual offense, attempted sexual penetration by foreign object by force, sexual battery, false imprisonment, and one misdemeanor count of indecent exposure.

On Sept. 30, 2009, Jimenez-Gonzalez followed 18-year-old Jane Doe as she walked home from Tustin High School. Jimenez-Gonzalez, who is not a student at the victim's high school, asked Jane Doe if he could walk her home. After Jane Doe refused, he continued to follow and talk to the victim and lured her into a laundry room of an apartment complex on Williams Street in Tustin. Jimenez-Gonzalez sexually assaulted Jane Doe by attempting to digitally penetrate her. The defendant exposed his penis to Jane Doe by pulling down his pants. Jimenez-Gonzalez then fled the scene after someone walked into the laundry room. The victim reported the incident soon thereafter to the Tustin Police Department.

EVEN THE DUKES OF HAZZARD ARE JEALOUS

2010-05-21T17:08:00.000-07:00

NEWPORT BEACH - A Los Alamitos man pleaded guilty today to recklessly driving under the influence of alcohol into a correctional facility and assaulting a facility officer. Matthew Van McDaniel, 25, pleaded guilty to one felony count of aggravated assault on an officer, one felony count of an ex-convict entering grounds of a correctional facility, one misdemeanor count of reckless driving, one misdemeanor count of driving under the influence of alcohol, one misdemeanor count of driving with a blood level of .08 percent or more, and a sentencing enhancement for great bodily injury was found true. McDaniel's 2003 prior strike conviction for assault with a deadly weapon was also admitted. He was sentenced to nine years in state prison.

At approximately 2:00 a.m. on Jan. 10, 2010, McDaniel was driving under the influence of alcohol. He rushed the gates of the James Musick Correctional Facility in Irvine and drove a Mercedes Benz S550 into the facility. He recklessly drove inside the property and crashed the car into a tree. Sergeant Fabris, a facility officer, tried to restrain the defendant, but McDaniel punched the officer in the face while trying to escape. McDaniel was restrained by facility officers and exhibited signs of intoxication including slurred speech and emitting an odor of alcohol from his breath. During the booking process, the defendant had a blood alcohol level of .14 percent.

CREEPY COP CAUGHT--REMEMBER THAT PROSPECTIVE JURORS

2010-05-20T21:30:00.000-07:00

Look, in every trial, jurors bend over backwards to believe an officer that they don't know and automatically assume has the integrity of Abraham. This guy was a cop too. DId you buy his bullshit?

FORMER POLICE OFFICER CONVICTED OF VICTIMIZING THREE WOMEN, INCLUDING FORCING ONE TO ENGAGE IN SEX ACTS UNDER THREAT OF DEPORTATION

SANTA ANA - A former police officer for the Anaheim Police Department (APD) was convicted today of victimizing three women while on duty in a marked police patrol car, including threatening to have two of them deported and forcing one to orally copulate him. Bradley Stewart Wagner, 62, Perris, pleaded guilty to one felony count each of forcible oral copulation and oral copulation under the color of authority for Jane Doe #1, one felony count of sexual battery by restraint for Jane Doe #2, and one felony count of false imprisonment by violence or deceit and one misdemeanor count of being an officer acting without regular process for Jane Doe #3. Wagner faces a sentence of four years in state prison at his sentencing on July 14, 2010, at 8:30 a.m. in Department C-55, Central Justice Center, Santa Ana.

Jane Doe #1
Shortly after midnight on Nov. 11, 2005, Wagner turned on his overhead lights and pulled Jane Doe #1 over on Kramer Boulevard while on-duty in a marked patrol car. The victim, who is primarily a Spanish speaker, was driving home alone from work in her van and pulled over in a parking lot.

Wagner approached the victim's window and asked if she had any legal papers or a driver's license. Upon learning that Jane Doe #1 did not have any legal papers, the defendant told the victim that he could have her deported and instructed her to move her car across the street into another parking lot on East La Jolla Avenue. The defendant followed Jane Doe #1 across the street, had her get out of her vehicle, and fondled her breasts under the false pretense of searching her. He told the crying victim that he wanted sex from her in exchange for not having her deported.

Wagner again instructed Jane Doe #1 to move her van, this time leading her to a dark, secluded industrial area. He had Jane Doe #1 get out of her van, pulled up her shirt to expose her bra, and forced her to pull down her pants. The victim pleaded for the defendant to stop and told him she was married with children. The defendant exposed his erect penis and forced Jane Doe #1 to orally copulate him by repeatedly pushing her head down as she gagged and struggled to pull away. The defendant finally released the victim as she began to vomit. He then wrote a phone number on a lottery ticket, gave it to the victim, and left.

Jane Doe #1 reported the sexual assault the following day to APD. As a result of media coverage on this case, two additional victims came forward. None of the three victims know each other or the defendant.

Jane Doe #2
Between Oct. 31, 2005, and Nov. 5, 2005, Wagner pulled over Jane Doe #2, an unlicensed Spanish speaking woman, on two occasions while on-duty in a marked patrol car. The second time Jane Doe #2 was pulled over, Wagner had the victim follow him into a secluded alley behind a business. The defendant asked Jane Doe #2 for sex after telling her that she could be deported or be sent to jail, and rubbed her vagina over her clothes. Wagner asked the victim for sex, but let her go after she resisted and agreed to meet him the following night. The victim did not return to meet the defendant.

Jane Doe #3
Between Sept. 1, 2005, and Nov. 10, 2005, Wagner pulled over Jane Doe #3, an undocumented Spanish speaking woman, on four occasions while on-duty in a marked patrol car. The defendant asked the victim personal questions, including whether she was married or had children, and let her go each time without writing her a ticket.

Per THE OC DA:SEX CASE + RES BURG= LOTS OF PRISON TIME

2010-05-20T21:27:00.001-07:00

SECOND STRIKER TO BE ARRAIGNED ON CHARGES SURROUNDING FOUR RESIDENTIAL BURGLARIES AND SEXUAL ASSAULTS ON
TWO GIRLS UNDER 14
*Defendant was linked through DNA to the sexual assault of Jane Doe #1

SANTA ANA - A second striker will be arraigned today on charges surrounding four residential burglaries and sexual assaults on two girls under the age of 14. Roberto Jacobo Reyes, 47, Santa Ana, is charged with one felony count of forcible lewd act on a child under 14, one felony count of lewd act upon child under 14, and two felony counts of first degree residential burglary with sentencing enhancements and allegations for committing lewd acts during the commission of residential burglaries and committing lewd acts on multiple victims. The defendant also faces enhancements for a prior strike conviction and prison prior from a 2003 residential burglary (Case #02CF3324). If convicted, he faces a sentence of 115 years and eight months to life in state prison. The People will be requesting that the defendant be held on $1 million bail at his arraignment scheduled for today, Thursday, May 20, 2010, in Department CJ-1, Central Jail, Santa Ana. The time is to be determined.

At approximately 9:00 p.m. on Feb. 19, 2010, Reyes is accused of entering the bedroom of 11-year-old Jane Doe #1 while she was asleep. He is accused of kissing Jane Doe #1's face and breasts. Reyes is also accused of fondling the victim's vagina and breasts over her clothes, waking Jane Doe #1. Reyes is accused of holding down the victim and covering her mouth so she was unable to scream. Jane Doe #1 kicked and ran out of her bedroom and called police. Reyes is accused of fleeing the scene. Santa Ana Police Department Crime Scene Investigators collected DNA evidence at the scene.

At approximately 1:00 a.m. on Jan. 24, 2010, Reyes is accused of breaking into 13-year-old Jane Doe #2's Santa Ana residence through her bedroom window. Reyes is accused of rubbing Jane Doe #2 down the side of her body while she was sleeping. He is accused of waking Jane Doe #2 causing her to scream. Reyes is accused of fleeing the scene. The victim called 911.

In the early morning of Oct. 25, 2009, Reyes is accused of entering the home of 19-year-old Jane Doe #3 in Santa Ana. While the victim was asleep, the defendant is accused of rubbing her thigh and waking Jane Doe #3. When the victim screamed, Reyes is accused of fleeing the scene. Jane Doe #3 called police.

In the early morning of July 12, 2009, Reyes is accused of breaking into 22-year-old Jane Doe #4's Santa Ana residence while she was sleeping. The defendant is accused of reaching through the window and touching the foot of the victim, waking Jane Doe #4. The victim screamed and the defendant is accused of fleeing the scene. Jane Doe #4 called 911 later that morning.

On May 7, 2010, the DNA collected at the crime scene involving Jane Doe #1 was linked to Reyes' DNA. The defendant had previously submitted a DNA sample as a result of the 2003 burglary conviction. The defendant was sentenced to four years in state prison for that case and deported back to Mexico upon completing his sentence. The defendant is accused of illegally returning to Orange County and committing these crimes. Reyes was linked to the crimes surrounding Jane Doe #2, Jane Doe #3, and Jane Doe #4 through additional evidence collected during the investigation. Reyes is married with children.

Real Estate---OC Style

2010-05-19T20:52:00.000-07:00

BROKER CONVICTED OF CONSPIRACY WITH BOYFRIEND AND HIS BROTHER TO COMMIT $17.5 MILLION IN REAL ESTATE FRAUD BY PURCHASING HOMES USING STOLEN IDENTITIES AND INTENTIONALLY DEFAULTING ON LOANS
*Co-defendant boyfriend and brother have warrants for their arrest

WESTMINSTER - A real estate broker was convicted today of conspiring with her boyfriend and his brother to commit $17.5 million in real estate fraud by purchasing 35 properties using stolen identities and intentionally defaulting on loans in order to steal the loan money. Kathy Chen, 49, Westminster, was found guilty by a jury of 136 felony counts including one count of conspiracy, 47 counts of grand theft, one count of attempted grand theft, 37 counts of forgery, 27 counts of recording false documents, 15 counts of identity theft, one count of elder financial exploitation, four counts of forging an official seal, and three counts of filing false tax returns. The sentencing enhancements for causing loss in excess of $2.5 million and $100,000 were found true. Chen faces a sentence up to 111 years in state prison at her sentencing July 9, 2010, in Department W-9, West Justice Center, Westminster.
IMG_0727.JPG

You Had Me at "Gymnastics Coach"

2010-05-14T22:36:00.000-07:00

May 14, 2010

Case # 09NF2655

FORMER GYMNASTICS COACH SENTENCED TO ONE YEAR IN JAIL FOR UNLAWFUL SEXUAL RELATIONSHIP WITH 16-YEAR-OLD.
*Defendant was serving in U.S. Army at the time of his arrest and was extradited to Orange County from Arizona

FULLERTON - A former gymnastics coach was sentenced today to one year in jail and three years of formal probation for having an unlawful sexual relationship with a 16-year-old girl. Jason Wayne Scofield, 37, formerly of Fullerton, pleaded guilty to the court Feb. 23, 2010, to two felony counts of unlawful sexual intercourse, two felony counts of oral copulation of a minor, one felony count of sodomy of a person under 18, two felony counts of digital penetration of a minor, and one felony count of sexual penetration by foreign object. The maximum possible sentence for these charges is seven years and eight months in state prison. The People objected today to the court offer, advocating that the defendant should also be required to register as a sex offender.

Scofield met 16-year-old Jane Doe while working as a gymnastics coach at Wildfire Gymnastics in Tustin. Between Feb. 17, 2009, and June 30, 2009, Scofield had an unlawful sexual relationship with the victim on numerous occasions in his car and at his Fullerton home.

Sometime after June 2009, Scofield joined the U.S. Army and was sent to Arizona for his military duty. While serving in Arizona, Jane Doe's parents learned of the unlawful sexual relationship between their daughter and Scofield after receiving an e-mail from a concerned friend. Charges were filed and a warrant was issued for Scofield on Sept. 18, 2009.

A few days after the issuance of the warrant, Scofield was arrested in Arizona. The defendant was living in Ft. Huachuca, AZ, at the time of his arrest. He was brought back to Orange County, Oct. 21, 2009, to face charges.

STAY AWAY FROM TRAILER PARKS

2010-05-12T07:22:00.000-07:00

SANTA ANA - A driver was sentenced today to six years in state prison for hitting and killing a man with a truck after a birthday party at a mobile home park. Felix Anthony Abreu, 22, Anaheim, pleaded guilty to the court to one felony count of vehicular manslaughter with gross negligence and one felony count of hit and run with injury.

At approximately 4:30 a.m. on Feb. 17, 2008, Abreu left a birthday party in the Quiet Village Mobile Home Park in Santa Ana, where 25-year-old Arthur Carmona had also been in attendance. Abreu got into the driver's seat of a gray 2002 Chevy Silverado pick-up truck, which was registered to a friend, and was recklessly driving at an unsafe speed in the mobile home park.

The defendant turned at a blind corner at an unsafe speed as Carmona, who was outside of the party, and several others attempted to run out of the way to avoid being struck by the defendant. Abreu almost collided with a parked car before hitting the victim. Abreu then reversed and crashed into a brick wall before accelerating and fleeing the scene.

Carmona was transported to Garden Grove Hospital Medical Center, where he was pronounced dead due to multiple blunt force trauma injuries including a laceration to the heart.

The Santa Ana Police Department (SAPD) contacted Abreu the following day. After additional investigation by SAPD, Abreu was arrested Oct. 2, 2008, and was charged by the Orange County District Attorney's Office on Oct. 3, 2008.

COPS GONE WILD

2010-04-22T16:35:00.000-07:00

WESTMINSTER - The Orange County District Attorney's Office filed charges today against a Costa Mesa police officer for hiding a Global Positioning System (GPS) device in a woman's vehicle without her knowledge. Aaron Paul Parsons, 30, Costa Mesa, is charged with one misdemeanor count of unlawful use of an electronic tracking device. If convicted, Parsons faces a maximum sentence of six months in jail. He is scheduled to be arraigned April 28, 2010, at the West Justice Center in Westminster. The Department and time are to be determined.

Parsons is a police officer with the Costa Mesa Police Department. On March 18, 2010, Parsons is accused of hiding a GPS device in 32-year-old Jane Doe's vehicle. He is accused of tracking her and showing up unexpectedly to places he did not frequent at the same time as the woman.

After several run-ins, Jane Doe became suspicious and checked her car. She found the GPS device, which belonged to the Costa Mesa Police Department, and reported it to police.

PLAIN OLD COP CRAZY

2010-04-22T16:33:00.000-07:00

FULLERTON - A deputy with the Los Angeles County Sheriff's Department was charged this week with assaulting an ex-girlfriend with a firearm after accusing her of cheating and violently holding her against her will at gunpoint in her apartment. Sean Paul Delacerda, 26, Fullerton, was charged Tuesday, April 20, 2010, with one felony count each of assault with a firearm, kidnapping, false imprisonment by violence, and one misdemeanor count of domestic violence battery. He faces a sentencing enhancement for the personal use of a firearm. If convicted on all counts, Delacerda faces a maximum sentence of 18 years in state prison. The defendant is being held without bail and is scheduled for continued arraignment May 7, 2010, at 9:00 a.m. in Department N-3, North Justice Center, Fullerton.

On April 18, 2010, Delacerda is accused of entering the home of his ex-girlfriend, Jane Doe, whom he had dated for two months, without the victim's permission. The victim was not home. When Jane Doe arrived home at approximately 4:00 p.m., the defendant is accused of asking where she had been and accusing of her cheating. He is accused of pulling out a firearm and loading one bullet into the cylinder. Jane Doe became scared and tried to run to the front door, but Delacerda is accused of chasing her, grabbing her by both arms, and keeping her inside. He is accused of forcing the victim to open her e-mail so that he could read them.

When Delarcerda was reading the e-mails, Jane Doe again tried to run to the front door to escape. The defendant is accused of chasing after her, tackling her to the ground, and climbing on top of her. He is accused of covering the victim's mouth as she screamed. Delarcerda is accused of taking the firearm with one bullet, pointing it in his mouth, and pulling the trigger while still on top of the victim. The firearm clicked but did not fire. The defendant is accused of then pointing the firearm at Jane Doe.

After pointing his firearm at the victim, Delarcerda is accused of dragging Jane Doe to her bedroom and pushing her in a closet. He is accused of returning to her computer to continue reading her e-mails. While the defendant was distracted, Jane Doe was finally able to run outside and get into her car.

Delacerda is accused of running after the victim, trying to open her locked car door, and banging on her window. He is accused of jumping on the hood of her car as she reversed and chasing after her as she drove away. Jane Doe called 9-1-1 from her car and the defendant was arrested shortly thereafter leaving the area of the victim's home.

PUNISHING THE PRESUMPTIVELY INSANE

2010-04-17T20:45:00.000-07:00

APARTMENT VANDAL SENTENCED FOR KILLING DOG BY CHOCKING AND SLAMMING IT AGAINST A SIDEWALK

READ BELOW. YOU WILL INITIALLY WANT TO KILL THIS GUY YOURSELF BUT, UPON ANY ANY HONEST READING OF THE SOTRY, YOU WONDER WHAT HIS METAL STATE WAS AT THE TIME OF THESE ACTS. LOOK, I LOVE DOGS, BUT I ALSO LOVE PEOPLE. AND I FEEL THAT INSANE PEOPLE OUGHT TO BE TREATED, NOT INCARCERATED. THIS GUY IS CLEALY INSANE. THE ONLY THING MISSING IS THE FULL-BODY PEANUT BUTTER SUIT. BUT, SINCE THIS GUY IS GOING BACK TO MEXICO, I AM SURE THAT MEXICO'S CRACK SOCIAL SYSTEM WILL ATTEND TO HIS NEEDS.

NEWPORT BEACH - A man was convicted today of killing a dog by slamming its head against a concrete sidewalk numerous times after vandalizing his apartment complex earlier that morning. Bayron Reyes Lopez, 26, San Clemente, pleaded guilty to the court to one felony count of animal cruelty and one felony count of vandalism. He was sentenced to one year in jail and three years of formal probation. U.S. Immigration and Customs Enforcement has placed a hold on the defendant, who is expected to be deported to Mexico upon completion of his sentence.

At approximately 4:30 a.m. on Dec. 30, 2009, Lopez vandalized his San Clemente apartment complex by shattering the glass doors to the gym using a metal chair.

At approximately 6:00 a.m. that same morning, Lopez approached a woman who was walking her dog, Kokanee, a 5-year-old miniature schnauzer. The defendant raised his arms above his head in a threatening manner and began to yell at the woman, who became frightened and attempted to run in to the street to get away. Lopez chased after her and then picked up Kokanee, whose leash had tangled around a street sign pole.

The defendant grabbed the dog around the neck with both hands and choked it before repeatedly slamming the dog on the concrete sidewalk multiple times. Lopez then fled and Kokanee died at the scene.

Responding police officers located Lopez shortly thereafter at the Rancho San Clemente Tennis Club, where the defendant worked as a maintenance man. When officers arrived they found Lopez nude lying on his stomach in a pool of coffee.

Very Sad

2010-04-10T06:49:00.000-07:00

SANTA ANA - A woman will be arraigned Monday on charges for murdering her newborn immediately after giving birth by drowning the baby in her bathroom toilet and throwing the body into a trash can. Yanira Valderrama, Fullerton, 20, is charged with one felony count of murder and one felony count of child abuse with a sentencing enhancement for inflicting great bodily injury. If convicted, she faces a maximum sentence of 15 years to life in state prison. The People will be requesting Valderrama be held on $1 million bail at her arraignment Monday, April 12, 2010, at the Central Justice Center in Santa Ana. The time and Department are to be determined.

At approximately 10 p.m., on Sept. 4, 2009, Valderrama, then 19 years old, is accused of giving birth to a baby boy in her bathroom of her family's Fullerton home. The defendant is accused of putting the newborn in her bathroom toilet when she heard her mother try to enter from the connecting bedroom. No one in her family knew she was pregnant. After Valderrama's mother left the bedroom, the defendant is accused of wrapping the newborn in a t-shirt and throwing the baby into a bedroom trashcan. Shortly after, Valderrama is accused of expelling the placenta and hiding it underneath the bathroom sink.

Later that night, Valderrama's mother entered the bathroom and saw, the large amounts blood, and called 9-1-1. The paramedics arrived and transported the placenta, which her mother found under the sink, and the defendant to the hospital. Upon arriving at Anaheim Memorial Hospital, doctors examined Valderrama and determined that she had just given birth and alerted police. That same night, Anaheim police found the discarded newborn in the defendant's bedroom trash can.

Text + Drive + Death = 4 years

2010-04-09T22:46:00.000-07:00

SANTA ANA - A distracted driver was sentenced today to four years in state prison for killing a pedestrian in a crosswalk after failing to slow or stop. The driver had been illegally sending text messages prior to the crash. Martin Burt Kuehl, 42, Costa Mesa, was convicted by a jury Jan. 27, 2010, of one felony count of vehicular manslaughter by unlawful act with gross negligence.

Proving yet again that we live in the most punative society, we imprison someone for tragic carelessness. To be sure, this is a tradegy, but if he had been distracted by anything else, would he be in prison?

Prior to the crash on Aug. 29, 2008, Kuehl was illegally text messaging while driving in Newport Beach in a sport utility vehicle (SUV). Prior to making a left turn on Westcliff Drive, the defendant was not paying attention and did not advance when the light turned green, prompting a driver behind him to honk. The defendant then made a wide turn from the number one left turn lane on Dover Drive into the number two westbound lane on Westcliff Drive.

At approximately 8:30 a.m., a distracted Kuehl failed to slow or stop as he approached a crosswalk, where 32-year-old Martha Ovalle was crossing the street. The defendant hit and killed the victim with his SUV. Kuehl had an unobstructed view of the crosswalk for 286 feet prior to striking the victim and failed to see the pedestrian or slow or break in any way. Kuehl admitted to Newport Beach Police, who investigated this case, that he never saw the pedestrian. Ovalle was pronounced dead at the scene due to blunt force injuries to her head, torso and extremities.

STEALING FROM THE HOSPITAL :(

2010-04-07T16:00:00.000-07:00

WESTMINSTER - A former executive assistant at Orange Coast Memorial Medical Center was sentenced yesterday for embezzling over $300,000 from the hospital by stealing cash from its cafeteria registers. Bridget Dominique Ganier, 38, Las Vegas, pleaded guilty to one felony count of grand theft by embezzlement. She was sentenced to three years in state prison and ordered to pay more than $306,000 in restitution.

In 1998, Ganier began working as a cafeteria secretary at the non-profit hospital in Fountain Valley. In September 2003, the defendant was promoted to a cafeteria executive assistant position. Ganier felt she deserved the vacant head cafeteria position, despite the fact she lacked the required qualifying credentials. The defendant's new job charged her with supervising the daily cafeteria revenues and deposits.

Between September 2003 and June 2008, Ganier stole over $300,000 in cash from cafeteria registers and deposited the money into her personal bank accounts. The defendant altered cafeteria receipts and records to conceal the theft. Ganier spent the money on a lavish lifestyle including purchasing a new home in Las Vegas, rental homes in Orange County, multiple vehicles, jet skis, and other luxury items. In June 2008, while Ganier was on vacation, hospital administrators discovered that cafeteria deposits doubled in her absence and contacted police. In July 2008, Ganier was fired by the hospital and went to live in her Las Vegas home. During the defendant's last month of employment, the cafeteria revenue totaled $9,280. The month following her termination, the cafeteria revenue totaled $28,565.

DONT MESS WITH HER EASTER BASKET

2010-04-07T12:41:00.000-07:00

SANTA ANA - The Orange County District Attorney's Office filed charges today against a wife for the stabbing-murder of her husband after an Easter party fight. Janeth Hernandez, 29, Santa Ana, is charged with one felony count murder and a sentencing enhancement for the personal use of a deadly weapon. If convicted, she faces a maximum sentence of 26 years to life in state prison. The defendant is being held on $1 million bail and is scheduled to be arraigned today, April 7, 2010, in Department CJ-1, Central Jail, Santa Ana. The time is to be determined.

On April 4, 2010, Hernandez and her husband Carlos Humberto Vallejo were scheduled to go to a family event for Easter, but they did not attend. That night, Hernandez is accused of attending a different party with her husband in Santa Ana. After midnight, Hernandez is accused of leaving the party without her husband and driving home. She is accused of later returning to the party to pick up Vallejo and drive him home.

Early in the morning of April 5, 2010, Hernandez is accused of arriving home with Vallejo. While family members were asleep inside the house, Hernandez is accused of verbally fighting with her husband. Family members, who heard screaming and a thud, walked in to the room to find Vallejo on the floor and bleeding profusely from the leg. A family member called 9-1-1 while the other family members tried to assist the victim. Vallejo died at the scene.

THE SENSELESS WAR ON POT CONTINUES

2010-04-06T11:47:00.000-07:00

MARIJUANA DISPENSARY OWNER AND MANAGER CONVICTED OF ILLEGAL MARIJUANA POSSESSION AND SALES
*A third co-defendant has charges pending in this case

NEWPORT BEACH - Two defendants, an owner and a manager, have pleaded guilty for their role in the sale of marijuana from a marijuana dispensary business in Lake Forest. Steven John Wick, 26, Rancho Santa Margarita, pleaded guilty to one felony count each of the sale of marijuana and possession of marijuana for sale. He admitted to the sentencing enhancements for crime-bail-crime, as he was out of custody on two other marijuana-related crimes from Orange and Humboldt Counties at the time of his arrest. He was sentenced to three years in state prison for this case.

As a term of Wick's plea agreement, he is expected to plead guilty to his other 2009 Orange County case (Case #09SF0037) on April 13, 2010, in Department C-5, Central Justice Center, Santa Ana. He will plead guilty to one felony count of possession of marijuana for sale and possessing more than $25,000 obtained through illegal drug sales. He will be sentenced to an additional one year in state prison for this case, bringing his total sentence to four years in state prison.

Marilynn Geneva Manuel, 29, Rancho Santa Margarita, pleaded guilty to one felony count of possession for sale of marijuana and was sentenced to one year in jail and three years of formal probation. Her jail sentence was stayed pending successful completion of her probation.

Co-defendant Tara Elizabeth Sorenson, 22, Rancho Santa Margarita, is charged with three felony counts of the sale of marijuana and one felony count of possession of marijuana for sale. If convicted, she faces a maximum sentence of six years and eight months in state prison. Sorenson is out of custody on $100,000 bail and is scheduled for a preliminary hearing on April 29, 2010, at 9:00 a.m. in Department H-1, Harbor Justice Center, Newport Beach.

OC Just Had Enough of This Guy

2010-04-04T15:20:00.000-07:00

SANTA ANA - A third-striker was sentenced today to 35 years to life in state prison for killing an 18-year-old graduate of Huntington Beach High School by crashing into the victim's stopped car at over 60 mph while under the influence of methamphetamine, marijuana, and other drugs. Danny Lewis Malone, 56, Orange, was found guilty by a jury Feb. 5, 2009, of one felony count of vehicular manslaughter with gross negligence while intoxicated. He has two prior strike convictions for robbery in 1978 and attempted residential burglary in 1986. Malone also has prior prison convictions for commercial burglaries in 1974 and 1976, receiving stolen property in 1984, commercial burglary in 1991, and possession of a controlled substance in 1998.

At approximately 6:00 p.m. on March 11, 2006, Malone was driving over 60 mph on Beach Boulevard in Stanton while impaired and under the influence of numerous drugs. At the intersection of Beach Boulevard and Village Center Drive, Malone crashed into the back of a Mercury sedan driven by Nicholas Russell. The victim was stopped at a left-turn red light waiting to turn into a parking lot. Malone crashed into Russell in his Ford sport utility vehicle at 61 miles per hour without slowing, hitting his brakes, or attempting to avoid the collision in any way.

DUI Marijuana?

2010-03-31T18:07:00.000-07:00

DRIVER UNDER THE INFLUENCE OF ALCOHOL AND MARIJUANA FACES TRIAL FOR CAUSING HIGH-SPEED FREEWAY CRASH, KILLING TWO AND SEVERELY INJURING ANOTHER

SANTA ANA - A driver under the influence of alcohol and marijuana faces trial tomorrow for causing a high-speed freeway crash, killing two elderly passengers and severely injuring their elderly driver. Trevor Mark Coffman, 38, Laguna Niguel, is charged with two felony counts of vehicular manslaughter by unlawful act without gross negligence while intoxicated with sentencing enhancements for causing great bodily injury to an elder. If convicted, the defendant faces a maximum sentence of 14 years in state prison. Coffman is out of custody on $100,000 bail. Opening statements are expected to begin tomorrow, Thursday, April 1, 2010, at 9:00 a.m. in Department C-43, Central Justice Center, Santa Ana.

On March 15, 2007, 76-year-old Sally Lee Howd and her 82-year-old husband Frank Howd were returning home with 72-year-old Catherine Malloy, a visiting friend whom they picked up from Los Angeles International Airport. They were driving southbound in the carpool lane on Interstate 5 and collided with a black Toyota Celica, which was disabled with no emergency signal lights on the freeway south of El Toro Road.

In the evening of March 15, 2007, Coffman is accused of consuming several alcoholic drinks following a recreational softball game. At approximately 11:20 p.m., the defendant is accused of driving southbound on Interstate 5 while intoxicated in his pick-up truck with a friend in the passenger seat. Coffman is accused of failing to stop due to his intoxication and crashing into the victims' Volvo, which was disabled as a result of the earlier collision. Witnesses called 9-1-1.

Coffman is accused of killing passengers Malloy and Frank Howd and severely injuring driver Sally Howd. Malloy was pronounced dead at the scene. The two other victims were transported to the hospital to be treated for their injuries. Frank Howd suffered internal injuries and a broken pelvis and died the next day from multiple traumatic injuries that were caused by the crash. Sally Howd sustained a skull fracture, broken ribs, and cuts to her face.

When contacted by police at the scene, Coffman is accused of displaying objective signs of intoxication including impaired balance and coordination, watery eyes, and an odor of alcohol on his breath. The defendant is accused of having a blood alcohol content of .10 percent and testing positive for marijuana. Coffman was arrested after being transported to the hospital and treated for a broken collar bone and scratches.

Another Victim of the Real Estate Bubble

2010-03-31T12:48:00.000-07:00

According to the Orange County DA:

BROKER FACES TRIAL FOR CONSPIRACY WITH BOYFRIEND AND HIS BROTHER TO COMMIT $17.5 MILLION IN REAL ESTATE FRAUD BY PURCHASING HOMES USING STOLEN IDENTITIES AND INTENTIONALLY DEFAULTING ON LOANS
*Co-defendant boyfriend and brother have warrants for their arrest

WESTMINSTER - A real estate broker faces trial today for conspiring with her boyfriend and his brother to commit $17.5 million in real estate fraud by purchasing 35 properties using stolen identities and intentionally defaulting on loans in order to steal the loan money. Kathy Chen, 49, Westminster, is charged with 157 felony counts including one count of conspiracy, 47 counts of grand theft, one count of attempted grand theft, 40 counts of forgery, 30 counts of recording false documents, 30 counts of identity theft, one count of elder financial exploitation, four counts of forging an official seal, and three counts of filing false tax returns. She faces sentencing enhancements for causing loss in excess of $2.5 million and $100,000. If convicted, she faces a sentence ranging from two years up to 109 years in state prison. Opening statements are expected to begin today, Tuesday, March 30, 2010, at 10:00 a.m. in Department W-9, West Justice Center, Westminster.

Chen's boyfriend, Richard Salgado Gonzalez, 60, and his brother, Daniel Gonzalez, 57, face the same charges and sentence as Chen. Fugitives Richard and Daniel Gonzalez have outstanding arrest warrants. Both may currently be living in Puerto Vallarta, Mexico.

Chen worked as a real estate broker and owned several businesses including Chen Financial, Western Escrow, Nationwide Tax Services and SBC Financial. She is accused of conspiring with her then-boyfriend, Richard Gonzalez, and his brother, Daniel Gonzalez, to commit over $17.5 million in fraud by using the identities of unsuspecting or unqualified victims to obtain mortgage loans for the purchase of multiple properties. Chen and her co-defendants are accused of recruiting these victims in order to hide their own identities. These victims often spoke little or no English, were unemployed or had limited incomes, and had no intention of ever residing in or repaying any loan on properties in their names.

Between Jan. 13, 2005, and July 10, 2007, the defendants are accused of obtaining 47 fraudulent loans from 13 lenders on 35 properties in excess of $17.5 million through the use of the fraudulently obtained identities. These properties included 13 in Orange County, 16 in San Bernardino County, and six in Kern County. The defendants are being prosecuted in Orange County for all 35 properties.

The defendants are accused of using the fraudulently obtained personal and credit information of some of the fake buyers, including a 92-year-old woman, on several occasions without their knowledge or consent. Chen, Richard Gonzalez, and Daniel Gonzalez are accused of acquiring city business licenses using the stolen identities for nonexistent businesses in order to obtain higher income loans. They are accused of fabricating loan applications to reflect higher incomes for the fake buyers, forging the fake buyers' names and signatures on various deeds and loan documents, and forging seals and notary stamps on a variety of notarized documents and deeds. They are accused of fraudulently filing these fabricated and forged documents with the Orange County Clerk-Recorder's Department.

Acting as the escrow company, the defendants are accused of making some monthly payments on the loans to prevent suspicion by the lender. They are accused of then defaulting on the loan and keeping the remaining loan money.

THE REAL WORLD--LAGUNA BEACH

2010-03-26T13:51:00.001-07:00

16-YEAR-OLD DIRECT FILED AS ADULT FOR STABBING FORMER CLASSMATE AND ASSAULTING TWO OTHER TEENS WITH A CARVING KNIFE

NEWPORT BEACH - A 16-year-old has been charged as an adult for stabbing a former classmate in the stomach and assaulting two of the victim's friends with a carving knife. Michael Jason Wilson, Laguna Beach, is charged with three felony counts of aggravated assault with sentencing enhancements for causing great bodily injury. If convicted, he faces a maximum sentence of 15 years in state prison. Wilson is out of custody on $65,000 bail and is scheduled for continued arraignment March 29, 2010, at 9:00 a.m. in Department H-1, Harbor Justice Center, Newport Beach.

Prior to March 11, 2010, Wilson is accused of engaging in an online rivalry with 17-year-old Julian C. on Facebook and through text messages and e-mail. The defendant is accused of agreeing to meet Julian C. at Wilson's house on March 11, 2010.

On the agreed-upon date, Julian C. and 16-year-olds Nicholas L. and Sam S. drove with a fourth friend to Wilson's Laguna Beach home after school. The victims and the defendant had previously attended the same high school, which Wilson was no longer attending. Wilson is accused of meeting Julian C. outside of the house while the other three waited in the car. After a confrontation, Wilson is accused of using a carving knife with a 12-inch blade, which he had brought outside with him, and stabbing Julian C. in the stomach.

The three waiting friends got out of the car and ran to help Julian C. and disarm Wilson. Wilson is accused of struggling with the victims and cutting the hands and arms of Nicholas L. and Sam S. The fourth friend was not physically injured. The three victims and their friend were able to get back into their car and drive away. They flagged down a passing police officer and were transported to the hospital for treatment.

Responding officers from the Laguna Beach Police Department arrested Wilson that day at his home. Julian C. underwent surgeries to treat stab wounds to his stomach and hands. He was released from the hospital after one week. Nicholas L. underwent surgery on his hand and received stitches. Sam S. received stitches for his wounds.

PER THE OC DA: DEPUTY ACCUSED OF DUI

2010-03-23T11:45:00.001-07:00

ORANGE COUNTY SHERIFF'S DEPUTY CHARGED WITH DRIVING UNDER THE INFLUENCE OF ALCOHOL AFTER DRIVING OVER FRONT LAWN AND CRASHING INTO PLANTER

SANTA ANA - A deputy with the Orange County Sheriff's Department has been charged with driving under the influence of alcohol after losing control of his car and crashing into a planter in the front yard of a Villa Park home. Mark Wayne Hewlett, 30, Orange, is charged with one misdemeanor count each of driving under the influence of alcohol, driving with a blood alcohol level over .08 percent, and possession of a controlled substance without a prescription. If convicted, he faces a maximum sentence of one year in jail. Hewlett is scheduled to be arraigned April 29, 2010, at the Central Justice Center in Santa Ana.

Early in the morning on Dec. 13, 2009, Hewlett is accused of driving home from a friend's house while intoxicated after consuming several alcoholic beverages. At approximately 1:45 a.m., the defendant is accused of losing control of his vehicle in Villa Park, driving up over the curb and across the grass, and crashing into a planter in the front yard of a home. The residence is the home of Orange County Supervisor Bill Campbell.

A passing teenage motorist contacted his father, who called 9-1-1. When police arrived, Hewlett is accused of displaying objective signs of intoxication including emitting a strong odor of alcohol, having watery eyes, and a lack of balance. At approximately 3:30 a.m., an hour and 45 minutes after the crash, Hewlett is accused of having a blood alcohol level of .13 percent.

At the time of his arrest, Hewlett is accused of being in possession of a controlled substance, Xanax, for which he does not have a prescription.

Think about the above next time you are no jury duty and feel the need to view the officer as having more credibilty than other witnesses. People from all walks of life can be accused of a crime. . .

NO BAC RESULTS + PROCEEDING BY INDICTMENT=WEAK CASE?

2010-03-16T15:40:00.000-07:00

An alleged drunken driver was indicted 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, was indicted by the grand jury on 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 defendant is out of custody on $150,000 bail. He is scheduled to be arraigned on the indictment Friday, March 19, 2010, at 9:00 a.m. in Department C-5, Central Justice Center, Santa Ana.

The Orange County District Attorney's Office sent a press release on Oct. 19, 2009, with the following information regarding this case: 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.

Interestingly, they did not release the BAC results as they usually do. Moreover, they proceeded by indictment, another sign that this may not be the strongest case for the DA. In any event, it will be interesting to follow.

Well, Of Course They Got Caught!

2010-01-05T21:20:00.001-08:00

Two men were convicted today of breaking into the home of an
off-duty Federal Bureau of Investigation (FBI) agent through a
partially-open garage door. Jeffrey Michael Drach, 20, Yorba Linda, and
Justin Wesley Case, 21, Placentia, pleaded guilty to one felony count each
of first degree residential burglary with a sentencing enhancement for a
non-accomplice present during a residential burglary. Drach and Case were
each sentenced to two years in state prison.

At approximately 2:00 a.m. on Nov. 18, 2009, Drach and Case entered the
residence of James M. through a partially-open garage door. The victim, an
FBI agent, was awake and had temporarily exited his home through the garage
door to get his canine from the back yard prior to an early morning
briefing.

When James M. returned to his garage, Drach and Case were standing inside.
The victim identified himself as a law enforcement officer and ordered the
defendants to stop. One of the defendants physically struggled with James M.
before both Drach and Case fled the scene in a nearby car. The victim
approached the car and attempted to stop the defendants, firing at the
vehicle as they fled the scene. Drach and Case were not injured.

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

2009-10-28T19:58:00.001-07:00

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.

HOOKING: STILL A DANGEROUS PROFESSION

2009-10-19T20:33:00.000-07:00

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

2009-10-19T20:24:00.000-07:00

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.

267 Citizens Stopped, One Arrested. Government Congratulates Self.

2009-09-24T16:28:00.000-07:00

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

2009-09-24T15:15:00.001-07:00

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.

DUI Here? Now, What About Going to Canada?

2009-09-20T21:25:00.001-07:00

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

2009-09-20T15:49:00.000-07:00

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.

Press Conference Turned Manhunt in Dead Model Case

2009-08-21T05:47:00.000-07:00

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."

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

2009-08-20T15:42:00.000-07:00

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!

Now he has a Million Dollar Case.

2009-08-18T19:53:00.000-07:00

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.

AT LEAST IT WASN'T MORE CRACK

2009-07-05T14:35:00.000-07:00

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.

Crash That Killed Nick Adenhart, Both Drivers DUI?

2009-06-10T08:47:00.000-07:00

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.

Rihanna Will Testify

2009-05-30T15:06:00.000-07:00

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.

Hall of Famer Sacked by DUI Cops

2009-05-17T15:26:00.000-07:00

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

2009-05-17T14:08:00.001-07:00

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.

Image 2 of 2

THE REAL HOUSEWIVES OF OC NEED NOT PROCESS HER APPLICATION

2009-04-30T21:29:00.000-07:00

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

2009-04-30T20:56:00.000-07:00

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?

Phil Spector Guilty

2009-04-13T15:30:00.000-07:00

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

2009-04-13T13:05:00.001-07:00

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. . . .

It's Official--Murder Charges

2009-04-10T15:29:00.000-07:00

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.

Tragedy Portends Pitchfork Justice--OC Style

2009-04-09T20:57:00.000-07:00

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.

OC Sheriff Arrested, In Custody in Riverside

2009-04-04T14:01:00.000-07:00

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.

GETTING THE DUI THAT YOU DESERVE

2009-03-31T17:24:00.000-07:00

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.

I Stand Corrected.

2009-03-25T11:29:00.001-07:00

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.

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.

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

2009-03-23T21:09:00.000-07:00

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.

Howard K. Stern Gets Great Lawyer.

2009-03-17T08:32:00.001-07:00

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.

Howard K. Stern, Still a Lawyer.

2009-03-13T19:36:00.000-07:00

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.

The Baddest Man in America

2009-03-03T16:23:00.000-08:00

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.

American Exceptionalism, Imprisoned

2009-03-02T21:06:00.000-08:00

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.

The Death of Juvenile Justice

2009-02-22T12:37:00.000-08:00

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.

It's Your Money, Taxpayers.

2009-02-16T14:25:00.001-08:00

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?!?

Police Investigate Marijuana Smoked Months Ago!

2009-02-12T12:33:00.000-08:00

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.

Continued and outrageous assault on the Constitution Alert!!

2009-02-07T15:01:00.000-08:00

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!

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

2009-02-02T20:33:00.000-08:00

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.

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

2009-01-29T20:53:00.000-08:00

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.

Sadistic Corrections Officers (gasp!)

2009-01-24T12:11:00.000-08:00

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.

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

2009-01-22T21:12:00.000-08:00

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.