<![CDATA[defense - Law Offices of William W. Bruzzo]]> https://www.bruzzolaw.com/blog/tags/defense/ Tue, 15 Oct 2024 00:45:39 GMT en-us <![CDATA[High Stakes Attempted Murder Trial in Orange County]]> https://www.bruzzolaw.com/blog/high-stakes-attempted-murder-trial-in-orange-county/ https://www.bruzzolaw.com/blog/high-stakes-attempted-murder-trial-in-orange-county/ Fri, 18 Feb 2011 21:12:00 GMT A fight at an Irvine home sent one man to the hospital with a stab wound to the chest back in April of 2009. The victim was Andre Murillo, and on February 8, 2011, a trauma surgeon, Dr. Nastanski, testified at the preliminary hearing of Defendant Abdullah Wahadi. The defendant is charged with attempted murder…

]]> A fight at an Irvine home sent one man to the hospital with a stab wound to the chest back in April of 2009. The victim was Andre Murillo, and on February 8, 2011, a trauma surgeon, Dr. Nastanski, testified at the preliminary hearing of Defendant Abdullah Wahadi. The defendant is charged with attempted murder and assault with a deadly weapon. Dr. Nastanski explained that the cut had severed the outer layer of Mr. Murrillo’s heart and further explained that such a cut could cause bleeding into the chest which could have been fatal. Mr. Wahadi’s defense attorney asked the doctor about traces of marijuana and amphetamines in the victim’s blood. According to the Orange County Register the defense attorney asked Mr. Murillo about a previous incident involving him and his father. Specifically, whether or not Murillo pushed or head butted his father, which Murillo said “I don’t believe that happened”. An Irvine police officer testified as well, giving accounts from two of Mr. Murillo’s friends. Officer Flores described how one witness described seeing Wahadi punching Murillo several times, and on one occasion saw a knife. Also one witness said that the physical altercation occurred outside of the house, after an argument between the two inside the house. The article did not explain why the men had been arguing.

Generally questions about whether a victim was under the influence of drugs is only admissible where if the Defendant intends to claim self defense toward a drug crazed assailant-victim. Otherwise, such questions are usually irrelevant, not admissible and may not be asked. It is unclear what relevance asking the victim about an incident with his father since that would not appear to be relevant unless the Defendant was trying to show he was acting in self defense and the victim had a propensity for violence.

Mr. Wahadi’s only possible defenses to this case are that it simply did not happen or that he was acting in self defense or defense of others. Notably, self defense usually only permits like force with like force to be applied. So if Mr. Murillo was using his fist and Mr. Wahadi used a knife that may not qualify as self defense.

Irvine is generally considered one of the safest places in America and is consistently on top 10 lists for American cities with little crime. For such a serious crime to have been committed there has been a shock to the locals. If convicted Mr. Wahadi could face life in prison. See Penal Code Sections 664-187, 245(a) (1).

]]> <![CDATA[Proof of Insanity]]> https://www.bruzzolaw.com/blog/proof-of-insanity/ https://www.bruzzolaw.com/blog/proof-of-insanity/ Tue, 10 Nov 2009 04:47:00 GMT 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…

]]> 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.

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