Charlie Sheen and his wife received a visit from Child Protective Services (CPS) at their home in Los Angeles. The reason for the home visit by authorities was a result of an alleged domestic violence incident which occurred near a ski resort in Colorado. After domestic violence incidents it is not uncommon for CPS to visit the home to insure the safety of the children who live there. The Sheens have two infant sons and Mr. Sheen has two other children from a previous relationship. After an official visit like this one CPS can decide to take no action or they may institute Dependency Proceedings, wherein the courts assess whether the parenting skills of the parents are sufficient for the children to remain in the home. In extreme cases the children can be removed from the parent and placed with a family member or in foster case. In the case of the Sheens it appears no action was taken by CPS.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
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
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)
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
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
An ordinance, adopted January 2009, in the city of Lancaster in Los Angeles County is seeing positive results after imposing stiff penalties on dog owners. Owners of "potentially dangerous" and "vicious" dogs such as pit bulls and Rottweilers are prevented from using their dogs to bully people or cause physical harm to others.
Since the passage of the law, the Los Angeles County Department of Animal Care and Control impounded 1,138 pit bulls and Rottweilers and of those, 362 were voluntarily surrendered by owners.
Lancaster's Mayor, R. Rex Parris, said that a year ago "these individuals delighted in the danger these animals posed to our residents, often walking them without leashes and allowing them to run rampant through our neighborhoods and parks." According to Parris, Lancaster is a lot safer now since the ordinance was passed. Parris said there was a 45% drop in Lancaster's violent gang crime, which includes homicide (Penal Code Section 187), rape(Penal Code Section 220), robbery (Penal Code Section 211) and aggravated assault (Penal Code Section 245(a) (1).
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Los Angeles, Ventura, and Orange County police agencies believe that there is a group of criminals targeting shoppers of Apple stores. Once the customers go to their cars to drop off the items and continue shopping then the alleged thieves come in and break into the vehicles ( a violation of Penal Code section 459-460). A sting operation was conducted in Mission Viejo in Orange County and three men from Los Angeles were apprehended. Each is being charged with 28 counts of second-degree burglary, grand theft (Penal Code Section 487), possession of burglary tools (Penal Code Section 466)-unlawful tampering with a vehicle. An undercover officer went into the Apple store and bought a printer then took it to his car and changed parking locations in order to shop at other stores. It was not described how long the deputy was followed by the suspects before he parked at another location. According to the Orange County Register, officials noticed a pattern of break-ins during the holiday shopping season. The same type of incidents has happened in L.A. and Ventura County and officials in San Bernardino are also being informed of the trend.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
KTLA.com reports on Thieves Targeting Apple Store Customers
This New Year's brings new laws to the state of California. According to the OC register the fee for renewing a driver's license has gone up to $31. Other vehicle related regulations include video screens and interlock devices. A video screen can be placed in the front seat as long as the driver cannot actually see the screen. It is now possible for cities and counties to require a 30 day impound of a vehicle if a person used a vehicle when soliciting a prostitute. On July 1st the following counties will require those convicted of a DUI to install ignition interlock devices on every operated or owned vehicle in order to maintain their driver's license: Los Angeles, Sacramento, Alameda and Tulare.
Other laws that will go into affect:
AB 576- Agencies will be identified as "victims" of graffiti vandalism. This gives the agency eligibility to seek restitution from those convicted.
SB 492- Raises fines and jail time for registered gang members loitering near a school within 72 hours of being told to leave.
SB 135 chopping off a cow's tail is considered a misdemeanor and can only be done when medically relevant.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
The discussion regarding legalizing marijuana and dispensaries in LA County continues to be in the spotlight. With the number of dispensaries growing in the county the debate of the impact of such establishments on the community is growing as well. There is the side that argues marijuana proves to be useful for managing medical conditions that involve pain. It has also been suggested that there is a significant amount of revenue the state could gain from legalizing pot (as well as a way to address the state fiscal crisis while not raising taxes). With more then four thousand signatures currently, a petition has been circling in order to add the issue to the November 2010 ballot. Federal policy has shifted for certain aspects of possession of a limited amount of marijuana, refocusing efforts on other fronts of the illegal drug trade instead. California voters could vote to allow local authorities like cities and counties to draft their own laws regarding medicinal marijuana. (See Health and Safety Code Section 11357(a, b), [H&S 11357(a), (b), Health and Safety Code Section 11358, [H&S 11358], Health and Safety Code Section 11360(a, b), [H&S 11360].
Here is KCAL9 News reporting recently on the Los Angeles City Council's decision to delay a medical marijuana dispensary vote until January 2010
Criminal Law Updates by the Law Offices of William W. Bruzzo, Orange County Criminal Defense (714) 547-4636
Chidi Uzomah was arrested October 30, 2009, for stalking television and radio personality--Ryan Seacrest--at his workplace of E! News in Los Angeles. Uzomah was carrying a three-inch folding knife, but was captured before he got anywhere near the "American Idol" host. Uzomah, a Special Forces reserve, is the same man who attacked Seacrest's security guard just last month outside Orange County hospital during a charity event. A judge had placed Uzomah on three years probation for the prior incident and ordered him to stay away from Seacrest by issuing a temporary restraining order.
For this incident, on November 17, 2009, the judge granted Seacrest a permanent restraining order against Uzomah, which prevents him from coming within 100 yards of Seacrest, his home, his car and his workplace for the next three years. In addition, Uzomah is not allowed to have any direct or indirect contact with Seacrest. He is currently being held on felony stalking charges.
California Penal Code Section 646.9 (a) states that "Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking, punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment, or by imprisonment in the state prison."
Subsection (b) further states that any person who violates the above section when there is a temporary restraining order already in place shall receive imprisonment in the state prison for two, three or four years.
A red-headed 12-year-old boy was assaulted in Los Angeles on November 20th because of a Facebook message declaring Friday as "Kick a Ginger Day." A "ginger" is a label for someone with red hair, fair skin, and freckles. A group of seventh and eighth graders at A.E. Wright Middle School in Calabasas beat up the red-headed student on two occasions in the same day. A "South Park" episode that focused on prejudice against "gingers" is said to have ignited the Facebook message. Lieutenant Richard Erickson said the boy was "accosted by seventh- and then eighth-graders" and was "kicked and hit with fists in various areas of the body." Fortunately, the 12-year-old did not suffer any serious injuries.
Detectives are investigating the incident as a possible assault with a deadly weapon. California Penal Code Section 245(a) (1) defines this serious crime. The law states: "Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment." Notably, a vehicle and almost any instrument that can be held in the hand and even a person's foot can be deemed a "weapon" for the purposes of this law.
Penal Code Section 245(a) (1) is applicable to adults as well as children pursuant to Welfare and Institutions Code Section 602. Under Welfare and Institutions Code Section 602 anyone under the age of 18 can be declared a ward of the court if they are alleged to have violated a penal code section. They are then prosecuted in the juvenile court.
The San Francisco Chronicle reported, November 4th, that state court officials have recommended Los Angeles and San Diego counties as possible sites for the murder trial of former Bay Area Rapid Transit (BART) police Officer Johannes Mehserle.
Mehserle resigned as a police officer in Oakland, California, after shooting 22-year-old Oscar Grant, who was unarmed on January 1, 2009 at a train station. Mehserle has said through his attorneys that he intended to use his Taser to subdue Grant, but mistakenly fired his pistol instead.
The location of the trial is extremely important in the potential outcome of this case. There is likelihood for jurors to be affected by protestors who view the case as part of a pattern of police abuse against people of color-- Mehserle is white and Grant was black.
Potential jurors are randomly selected from a fair cross-section of one's community; typically from voter registration or drivers' license lists. Los Angeles and San Diego counties both have large jury pools that differ in certain respects. According to a 2008 survey by the U.S. Census Bureau, 53 percent of Los Angeles County residents are white and 9 percent are black. In San Diego, 73 percent are white and 5 percent are black. Hence, the location of this trial may determine the perspective of any potential juror and therefore effect the outcome of the case.
Grant's family would prefer the trial take place in Los Angeles, a county whose diversity more closely mirrors the Bay Area. Whereas, the defense wants the case to take place in San Diego because it is known to be law enforcement friendly, which could benefit them. The judge has set a date for November 19 for both sides to argue their case. A decision is expected shortly after.
Southwestern University law professor, Robert Pugsley, states: "Where you try the case, and who you have on the jury, has everything to do with the outcome." Had the OJ Simpson case been filed in Santa Monica rather than Downtown Los Angeles, the Simpson jury would have been mostly white instead of, as was the case, mostly African-American. With poll data showing that most whites believed Simpson to be guilty and most blacks believing him to be not guilty, the decision to file the case in Santa Monica may have been the biggest mistake the prosecution made. The exact same case--in Santa Monica-- could have gotten Simpson a conviction. Final jury for the OJ Simpson trial had 10 women and 2 men, of which there were 8 blacks, 2 Hispanics, 1 half-Native American, half-white, and 1 white female. Jury selection may be the most important part of a criminal trial.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Rodney Alcala has been charged with five murders that allegedly occurred during the 1970's. One charge is for the murder of Robin Samsoe who was 12 years old at the time of her disappearance from Huntington Beach. The other four murders are out of Los Angeles County and have been combined with the Orange County case. Mr. Alcala denies committing the Orange County murder and is pleading not guilty by reason of insanity to the Los Angeles cases. He has refiled a severance motion that will ask to separate the Los Angeles cases from the Orange County case. For the District Attorney taking care of many cases at once is a matter of efficiency; meanwhile, for the defense having them together hurts the client because it can paint a more heinous picture of the defendant.
To make a case for insanity the defense must prove a mental defect at the time of the crime. According to the Criminal Jury Instructions insanity is a defense when the deficiency has made the defendant unable to distinguish or understand that what he did was legally or morally wrong. Being addicted to drugs or alcohol does not qualify as being insane. Other instances that do not qualify as proof of insanity are adjustment disorders, personality disorders or deviant behavior based on the crimes. The defense attorney must prove during a trial that a defendant was insane at the time of the crime and the jury will decide if the evidence supports the claim of insanity. The insanity phase of a trial occurs after the Defendant has been found guilty of having committed the crime. Accordingly, in a trial with an insanity plea, there are two trials, one on the facts and the other on the question of whether the Defendant was insane at the time of the alleged offense. If a Defendant is found guilty on the facts of the crime but found insane at the time, then he will be in custody until he is declared sane by the state authorities. At no time will the Defendant be released prior to six months elapsing.
Criminal Law Updates by Law Offices of William W. Bruzzo (714) 547-4636
California was one of the first to adopt the Three Strikes Law in 1994 - the law which can send a repeat offender to prison for 25 years to life when he/she is convicted of a third strike.
The Three Strikes law significantly increases the prison sentences of persons convicted of felonies who have been previously convicted of two violent crimes or serious felonies, such as: murder, robbery of a residence in which a deadly or dangerous weapon is used, rape and other sex offenses, burglary of a residence and assault with intent to commit a robbery or rape and murder. Although the prior strikes have to be serious violent crimes, the third strike does not have to be such. So a person can go to prison for 25 years to life for shoplifting golf clubs if he/she already has two prior strikes.
California's counties tend to enforce the Three Strikes Law in different ways. Los Angeles County District Attorney Steve Cooley, who supports the law, almost never charges a nonviolent offense as a third strike. But just 100 miles north in Kern County, District Attorney Ed Jagels almost always does and explains, "I don't know one of these individuals who wouldn't have re-offended had he gotten a short sentence instead of a longer one."
District Attorney Jagels prosecuted a man who was arrested for stealing a pack of doughnuts worth about a dollar. Because this man had two strikes for robbery, he faced 25 years to life for the doughnuts. But it's highly unlikely that the doughnut guy would be prosecuted with a third strike in Los Angeles County. The Orange County District Attorney falls somewhere in the middle. They might allege a relatively minor offense as a third strike but then agree to remove it later as part of a plea deal so that the Defendant is not looking at a life sentence.
While Los Angeles District Attorney Cooley almost never charges a nonviolent offense as a third strike, he supports the three strikes law but just thinks it needs to be changed or it will not last. More than likely though, the three strikes law is unlikely to be changed anytime soon. It has become iconic in our state's criminal justice system-- "Three Strikes and You're Out."
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
