According to The Orange County Register, the Los Angeles City Attorney is trying to legally force three dispensaries to stop selling marijuana for medical purposes. Specifically, the city prosecutor's office is trying to get injunctions to force Organica and two Holistic Caregivers stores to stop all their over-the-counter sales. The City Attorney states that the law only authorizes "collectives" to grow marijuana and recover their costs, not to sell it.
Americans for Safe Access, an organization that supports medical marijuana, has repeatedly assisted these dispensaries in their legal battles against the City Attorney. Joe Elford, chief counsel for the organization stated that "the city attorney's legal arguments are horribly flawed and have no basis in law." He also accused the City Attorney and the District Attorney of taking action before the dispensaries even had time to comply with the city's ordinance. Chief Deputy City Attorney, William Carter said that they are simply "enforcing the existing local and state laws as [they've] been doing for a long time" and therefore will not withdraw these lawsuits.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Last week Michael Oren gave a speech at University of California, Irvine in Orange County, California, describing the issues he faced as Israeli ambassador. His speech was interrupted multiple times from members of the audience that did not agree with him. A video posted online showed the interruptions occurring roughly every ten minutes. Professor Petracca of the Political Science department expresses his impatience with the outbursts and called out "Shame on you!" when he took the podium to control the ruckus caused by the interruptions. He told the audience that this behavior is not appropriate for University of California students. The spirit of the event as explained by Professor Petracca and Chancellor Drake was to provide a forum for an exchange of ideas and discussion on the Middle East situation. They said that a better way for the UCI Muslim Student Union (the group expressing their dissatisfaction with the speaker) to express their disagreement would be by presenting the ambassador with questions at the end of his talk. University officials were likely embarrassed by the students' conduct. The MSU has put on its share of displays on campus denouncing Israeli occupation and their tactics and the tolls it takes on the Palestinian community. Indubitably the University would have preferred picketing outside the speaking venue. Yet it's important to remember that a marginalized group may feel that working within the accepted modes of expression is not effective. The outbursts managed to successfully interrupt Oren from talking, but did not communicate any counter point. Some people present complained that UCI should have taken better measures to control the crowd and that the outbursts made UCI look bad. Notably, as soon as a person yelled out they were escorted out of the auditorium. The position that UCI takes on the incident is that expression is permitted within certain limits dictated by place and time. It is unclear if the students will be charged criminally. If they are they can be charged with disturbing the peace under Penal Code section 415 (2); this penal code section prohibits using "loud and unreasonable" noise. Despite the strong protection of Free Speech in the U.S. Constitution it does appear that the manner in which the students sought to protest the ambassador fell outside the protection of the constitution.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
The union representing around 1,800 deputies with the Orange County Sheriff's Department filed a lawsuit on February 16, 2010 to stop the early release of inmates from Orange County jails. This lawsuit, modeled after the one filed in Sacramento County, is the second one of its kind. In the Sacramento case, the judge issued a temporary restraining order halting the release of inmates under the new state law SB X3 18. Superior Court Judge Loren E. McMaster ruled that "the law was intended for state, not county inmates, and that the release of inmates into the streets while the number of deputies is being reduced is a 'formula for disaster'" (Orange County Register). Attorneys representing the union argued that the state law, which went into effect January 25th, was meant to affect state prisons only, not county jails. Between January 25th and February 9th, 311 inmates have been released early from Orange County jails. Other counties, such as Los Angeles, are applying the law differently and in turn not releasing any inmates early. In the present suit, attorneys have also cited an inmate who was released early from Sacramento County jail on charges of assault with a deadly weapon who then went on to attempt to rape a woman just hours after his release. Kevin Peterson's case is commonly referred to by law enforcement officials when stating opposition to this new law.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
This story is covered in the OCinTwo Video (by the Orange County Register)
A death penalty hearing is set for Tanya Jaime Nelson in Orange County Superior Court; she was convicted of two counts of first-degree murder for stabbing Ha "Jade" Smith and her daughter Anita Vo. The motive for the murders was that Ha Smith a fortune teller, told Nelson she would do better by moving her business to North Carolina. In the end Nelson's business relocation failed and she lost her house. Her co-defendant Phillipe Zamora who was also charged with two counts of first-degree murder, agreed to testify against Nelson in exchange for a 50 year to life prison sentence, avoiding the death penalty. Zamora testified he agreed to travel with Nelson to Orange County because she would in turn introduce him to gay sexual partners according to the Orange County Register. He described the April 21, 2005 incident in which he and Nelson were at the victim's home, which doubled as her place of business. He explained how his co-defendant stabbed Vo which made Smith scream and Nelson yell "Don't let her scream!" Zamora's reaction was to hit Smith with a wine bottle and once on the floor stabbed her with two knives. Before leaving the residence Nelson took some jewelry, credit cards and money. In the end the stolen credit cards she used led to her arrest in addition to police finding she had a scheduled appointment on the day of the murders.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Daryn Wayne Peterson was recently sentenced to 9 months in the Orange County Jail for 'playing doctor' and claiming to heal cancer and AIDS with natural remedies. He treated patients from his Orange County home, telling them he had a doctorate from Canterbury University when he held no license to practice medicine in the state of California. He even encouraged his patients to cancel their health insurance policies.
Last December, Peterson pleaded guilty to four charges: (1) Unauthorized practice of medicine (B&P Section 2052(a)), (2) Operating a health care service plan without a license (H&S Section1349), (3) Offering an unapproved drug for cancer treatment (H&S Section109300), (4) Selling misbranded food (H&S Section110760).
Peterson has also been banned from working in the medical field and will not be selling vitamins and drugs for five years.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Here is a sample of Mr. Peterson's video advertisements:
Nicholas George, a Pomona College student, was detained at Philadelphia airport for carrying Arabic-English flashcards in his pocket. George was carrying these cards with him as his major is Middle Eastern Studies. George has now filed a federal lawsuit against employees of the Transportation Security Administration (TSA), the FBI and the Philadelphia Police Department for his five hour detention in which he was abusively interrogated about the 9/11 terrorist attacks and also asked if he was a member of a "communist group."
The lawsuit charges that George's Constitutional rights were violated--his Fourth Amendment right to be free from unreasonable seizure and his First Amendment right to free speech. George was never informed of why he was handcuffed, detained or arrested, and he was never informed of his rights such as a right to remain silent or a right to have an attorney present during questioning. George was finally let go with a ticket to fly home the next day, but was never given any apology or explanation.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
After seven months of investigating, the Los Angeles County District Attorney has brought criminal charges against Michael Jackson's physician, Dr. Conrad Murray. Murray, a cardiologist, has been charged with involuntary manslaughter (Penal Code Section 192) in connection with Jackson's death on June 25, 2009.
Dr. Murray is said to have acted "without due caution and circumspection." On the day of the tragedy, Murray tried to get Jackson to sleep using Valium and two other sedatives. However, Jackson remained awake for ten hours and demanded a stronger drug-- Propofol. Finally, Murray gave in and gave Jackson Propofol. He left Jackson for two minutes to use the restroom, at which time he also talked on the phone for 45 minutes. When he returned, Jackson was not breathing. The cause of death was "acute propofol intoxication," in conjunction with other sedatives.
Propfol, a drug most widely used by anesthesiologists to render surgical patients unconscious, is so dangerous that the U.S. Food and Drug Administration says only those trained in anesthesia should administer it. Murray now faces four years in prison for the non-intentional killing of Michael Jackson. Had this been more than negligence in administering a drug for an unapproved purpose, Murray could be facing charges of voluntary manslaughter or murder (California Penal Code Section 187).
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Here is CBSNews video coverage of Dr. Murray's Not Guilty Plea
Police investigations are keeping up with the social networking trend as they investigate gang members and gang activity. Sites like Facebook, my space, and twitter serve as a way to communicate between gang members. Some use the internet to post videos and photos sometimes showing current criminal activities that they are involved in. Music and art related to the gangs are also posted for others to see and create a presence. Through pictures, art or music gang affiliation can be linked to someone the police are investigating. By monitoring these sites officials are gathering prosecutorial evidence. Many of the comments, written posts or pictures are publicly available while the site managers cooperate with officials when presented with a subpoena.
Criminal Law Updates by Law Offices of William W. Bruzzo (714) 547-4636
Kris Jones was arrested just one day before his birthday in Huntington Beach, Orange County. During his arrest $700 was taken from him, which included birthday money from his family. Huntington Beach police arrested Jones on suspicion of: selling marijuana and possession of a controlled substance with the intent to sell(Health and Safety Code Sections 11351, 11378). Jones later pleaded guilty to the charges and was sentenced to serve three years of probation in addition to 90 days in jail.
Jones has now filed a claim against the city of Huntington Beach asking for the return of the $700 which was confiscated by police on the date of his arrest. Jones will soon go before a judge who will determine whether the money will be given back or not. Money that is part of evidence of the crime is unfortunately never returned and rather-- permanently confiscated. Thus, it's in one's interest to have a criminal defense attorney prepare a written motion for the return of property and make an articulate argument in court to have a successful outcome in court.
Criminal Law Updates by Law Offices of William W. Bruzzo (714) 547-4626
Police still do not have any suspects or new information surrounding the disappearance of 81 year old Robert Merle Harrod of Placentia in Orange County, California. He was last seen by his son in law on July 27, 2009. Harrod left his glasses and car at his house. Jeff Michael, Harrod's son-in-law, had been doing work around the house and left to go to Home Depot. When he returned Harrod was gone and the house was locked with the housekeeper waiting to have someone let her in. They went inside and nothing seemed out of the ordinary. Both left the home after each finished their tasks. After Harrod's daughters could not locate him by telephone they called Fontelle Harrod, their dad's new wife who was getting ready to leave Missouri to join him in Orange County. They had been married on June 29, 2009 and she was flying in on July 29. Mrs. Harrod called in a missing person's report and police have been investigating ever since. According to Harrod's doctor his patient did not suffer from dementia, police say that even if he did, someone would have recognized him from media reports. There was no sign of forced entry to the house and there has been no activity reported for any of Mr. Harrod's financial accounts. Police have looked into his new wife and his daughters as being suspects but there is no evidence that they were involved in kidnapping or killing Harrod. His wife Fontelle would have gained financially from Harrod's disappearance but she had not been added to any of his accounts yet. It is an ongoing investigation and police are treating it as a homicide as Police Chief Jim Anderson explains 'because you can't go back in time and retrieve evidence."
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Here is a report from ABC's Good Morning America which aired on August 1, 2009
On April 25 2009 two motorcyclists were on the 241 Toll Road in Orange County going over 100 mph after midnight. One of the motorcyclists Blaise Aaron Meadows crashed into an Alpha Romeo, the driver Andrew Parker later died due to blunt force trauma. Meadows was taken to the hospital while the other motorcyclist Daniel Cody Burkett left the scene. Meadows pled guilty to one felony count of vehicular manslaughter (Penal Code Section 192) and will be sentenced on July 30, 2010. Burkett will be arraigned on February 16 and is being charged with one count vehicular manslaughter by unlawful act, gross negligence (Penal Code Section 192), one misdemeanor count of reckless driving (Vehicle Code Section 23103) and a sentencing enhancement for fleeing the scene of a crime. The sentencing enhancement adds more time to his prison term but is not considered a charge. The gross negligence specification to the vehicular manslaughter charge could be for driving over 100mph.
Criminal Law Updates by Law Offices of William W. Bruzzo (714) 547-4636
The night of January 26, 2010, a 17-year-old gang member was arrested in Santa Ana, Orange County for carrying a loaded weapon. The incident occurred when police spotted the teen riding a "beach cruiser" and "acting suspicious."
When the officer tried to stop the teen, he jumped off the bike and ran. Police found him later hiding while carrying a loaded .38 caliber revolver.
California prohibits any individual from carrying a concealed firearm upon his or her person or within any vehicle under his or her control or in which he or she is an occupant. Under California Penal Code Section 12025, carrying a concealed firearm is punishable by imprisonment in the state prison, OR by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), OR by both fine and imprisonment if: (1) The firearm and ammunition are in immediate possession. Notably, a weapon that is loaded can be transported in a car if it is in a locked container like a carrying case or in the trunk of the car. It can only be carried on the person if the individual is going to or from a vehicle and the weapon must still be in a locked case.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Mitrice Richardson was a graduate of Cal State Fullerton in Orange County and vanished last September near Malibu. Her family has now brought a suit against Los Angeles County for their lack of efforts. The Richardson family's attorney is alleging negligence, intentional infliction of emotional distress and wrongful death at the hands of the Los Angeles County Sheriff's Department.
Richardson was last seen in September when she was arrested one night for not paying a bill at an upscale Malibu restaurant. She was later released from the sheriff's station without her car, phone or any money. Deputies let her go without conducting a psychological evaluation when strong evidence indicated Richardson was having mental problems at the time. Richardson's father, frustrated, commented: "I've been begging. I've been pleading. I've been asking for all the help I can get. I haven't gotten anywhere."
The Sheriff's department is saying, in their defense, that Richardson did not seem mentally incapacitated to the point where they would deem a mental evaluation was necessary.
The multi-million dollar lawsuit is now pending.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Here is a September 2009 report from MyFoxLA.com Channel 11
Glynn Johnson, a former Los Angeles County assistant fire chief, was found guilty in Riverside County Superior Court to charges of animal cruelty (California Penal Code Section 597(a)) and use of a deadly weapon (California Penal Code Section 12022) for beating a puppy to death outside his Riverside home. The deadly weapon used to kill the mixed breed shepherd, Karley, was a 12-pound rock. Johnson was accused of the crime after a long standing feud between him and his neighbors back in 2008 where he left dog feces in his neighbors' mailbox along with a letter warning them to keep their dogs off his property.
Weeks before Johnson's arrest, protesters from various animal-rights groups were gathering in front of the District Attorney's Office asking that Johnson be prosecuted. Johnson is now facing custody time as well as a hefty fine for his crime.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
