Fortune Teller Murder Orange County

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

Here is a link to a CBS2/KCAL9 News Report

U.S. vs. Italian Justice: Which would you prefer?

On December 4, 2009, an Italian jury found American student Amanda Knox and her Italian boyfriend Raffaele Sollecito guilty on all counts in the stabbing death of British exchange student Meredith Kercher. Knox was given a 26-year sentence; Sollecito was sentenced to 25 years. Both will be appealing their cases. In the meantime, below is a brief comparison of U.S. vs. Italian Justice. Which would you prefer?

The former University of Washington student was arrested in November 2007 and charged with the murder of her British roommate while in Perugia, Italy studying abroad. Police arrested Knox and Sollecito soon after Kercher's death, along with Guede, a native of the Ivory Coast who opted for a separate, fast-track trial and was convicted of murder and attempted sexual assault back in October 2008.

Unlike the American justice system, in which appeals center on issues of law, in the Italian system, appeals are automatic and defendants can ask to retry their entire case in the first round of appeals. From there, the case can go to Italy's highest court, which is required to hear every appeal. However, it may be years before a definitive sentence is reached.

Ms. Knox and Mr. Sollecito were held in jail for a year before prosecutors moved to formally charge them with sexual assault and murder. This was not unusual-- in Italy, a suspect can be held for up to 12 months without being charged with a crime. Fortunately in the U.S., for suspects who are in custody, speedy trial laws typically require prosecutors to file charges, if at all, within 72 hours of arrest. Some jurisdictions require prosecutors to charge a suspect even sooner. For example, California requires that charges be filed within 48 hours.

When a case finally goes to trial, the accused do not swear an oath as in the American courts and are therefore under no obligation to answer questions truthfully. The defendant, who is permitted to interrupt the proceedings or refuse to respond at any time, is expected to lie, legal analyst Lisa Bloom reported on CBS News. The trial has also taken nearly a year - long by American standards but fast by Italian standards.

As in the U.S., the Italian constitution calls for defendants to be presumed "innocent until proven guilty." However, the supremacy of the prosecutor essentially negates this presumption. The Italian prosecutor, Guiliano Mignini, is under investigation himself for the abuse of power. However, this did not prohibit him from acting as the prosecutor in Ms. Knox's trial.

The Italians also don't afford the luxury of unanimity available in most state courts. The jurors' decision called a sentence (referred to as "verdict" in the U.S.) is determined by a majority vote of eight jurors --six ordinary citizens and two judges. Only five have to utter the word "Si". Dissenting opinions are not made public; however, an official explanation for the majority opinion must be rendered in the next 90 days.

For more information about the Italian justice appeal process view this CBS News video.


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Shocking Interrogation Video of Two Teenage Killers

An interrogation video of two teenage killers was recently released in Sacramento. 16-year-old Daniel Russell and 16-year-old Calvin Pearson broke into the home of Marie Oliver, a 90-year-old woman, and beat her to death using her cane. After breaking her nose, cheekbone, eye socket, and two of her ribs, they took off with some of her valuables from her North Sacramento home.

A shocking interrogation video of the two minors (see video link below) just three days after the killing shows them sharing a pizza and some Sprite while discussing how they attacked the woman back in April 2006. In the video, the teens laugh about the killing and say how they should have "been more careful." They question one another about whether the other snitched and show no remorse for their actions. They even go on to guess how much time they would get for the crime and one says: "Man, we're doin' at least a year, knock on wood we don't."

Unfortunately, the teens were way off in their speculations. The boys, who are now 18 and 19, were charged as adults for first-degree murder that carried special circumstance allegations of robbery and burglary and each received life in prison with no chance of parole.

Murder is defined by California Penal Code Section 187 as the unlawful killing of a human being with malice aforethought. CalCrim Jury Instruction 521 defines first degree murder as one that is "willful, deliberate, and premeditated." In this case, the Prosecutor was able to show that the two boys intended to kill Ms. Oliver, carefully weighted the considerations and knowing the consequences, decided to kill her before actually doing so. Section 190 of the Penal Code states that, "Every person guilty of murder in the first degree shall be punished by death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life." However, a serious charge such as this may be brought down to second degree murder or even manslaughter with the aid of an experienced criminal defense attorney.

You can view the CBS Affilate KOVR's Video here.

Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636

Proof of Insanity

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