sexual-assault - Law Offices of William W. Bruzzo

UC Irvine Professor in Custody for Threatening to Attack Irvine High School

Law Offices of William W. Bruzzo — Fri, 17 Aug 2012 00:47:00 GMT

A professor at UC Irvine is in custody following his arrest at a park near University High School. On July 24 a patrol officer noticed Rainer Reinscheid at the park trying to start a fire. There was extra patrolling in the area because there had been a series of fires at the park. He did post bail shortly after being arrested but officers found more information and arrested him without bail on July 27. Authorities connected him to the fires from earlier that month and came across e-mails he had written detailing how he wanted to set the school on fire, buy guns, kill students and administrators at University High, commit sexual assaults and commit suicide thereafter. The emails were addressed to himself or his wife and were found on his phone. The detailed plans were used to prove that he should be denied bail because he could be a danger to others.

The Orange County District Attorney’s Office has charged Reinscheid with five counts of arson, one count of attempted arson, and resisting or obstructing a police officer. His arraignment was postponed until August 8. The fires and plans against University High are explained as being part of Reinshcheid’s anger from his son’s suicide. His son was a student at the high school and was given trash pick duties during lunch for stealing at the student store. He apparently hanged himself at a park near the school.

Here is a video from ABCNews covering the story.

If you are having trouble viewing the video, you can see it here. Also updated related articles can be seen below.

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

UC Irvine professor pleads not guilty to arson (abclocal.go.com)
UCI professor pleads not guilty to arsons (ocregister.com)

Santa Ana City Council Member Charged with Sexual Assault and Other Charges

Law Offices of William W. Bruzzo — Thu, 16 Aug 2012 00:50:00 GMT

Carlos Bustamante of the Santa Ana City Council pled not guilty to several felony and misdemeanor charges. The allegations are that he sexually assaulted seven women at the Orange County Public Works Department. This happened over a period of eight years and the alleged victims were subordinates in the same department.

Bustamante has denied these allegations since leaving his position last year. Allegations were made in March of 2011 and information gathered by the county’s internal investigation was given to the District Attorney’s Office in March of this year. The scandal resulted in the firing of the county’s director of public works. A deputy chief executive officer has gone on medical leave and the county Board of Supervisors could evaluate whether to keep the county’s CEO. Bustamante faces six felony counts of false imprisonment, three felony counts of assault with intent to commit a sexual offense. Other charges are one count of stalking, attempted sexual battery by restraint and one grand theft for misuse of public funds. Misdemeanor charges of sexual battery, assault and battery have also been filed against Bustamante.

Here is an Orange County Register video covering Mr. Bustamante plea.

If you are having trouble viewing the video, you can see it here.

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

Carlos Bustamante arrest, charges to be addressed by Orange County DA (abclocal.go.com)
Santa Ana City Councilman Arrested On Sexual Battery Charges (losangeles.cbslocal.com)
Councilman Bustamante, accused of sex assault, due in court (ocregister.com)
Orange County CEO Resigns Amid Sex Scandal (losangeles.cbslocal.com)

Jury Unable to Decide if 1988 Rapist-Killer Should Get Death

Law Offices of William W. Bruzzo — Tue, 12 Jun 2012 00:57:00 GMT

There was still no verdict on the death penalty sentence for Jason Michael Balcom who was convicted in March of murdering and sexually assaulting a pregnant woman in Costa Mesa back in 1988. The DA is pushing for the death penalty on the count of the violent nature of the crime. She had been gagged and bound and stabbed in the chest. Deputy District Attorney Matt Murphy explains that Balcom deserve the death penalty because of his previous sexual assault cases. Also based on the tragedy the family had to endure. The defense attorney for Balcom, Dolores Yost argues for life without parole citing his upbringing in shaping his life. This mother was mentally ill, “needy, manipulative and self-absorbed” and her suicide on train tracks providing a troubling childhood for Balcom. The penalty retrial was scheduled to begin on May 14, 2012.

Sexual Assault at a Bakery

Law Offices of William W. Bruzzo — Mon, 19 Apr 2010 17:07:00 GMT

A Public Health Inspector in Los Angeles County has been accused of sexually assaulting a bakery owner and has been suspended from the job without pay. The bakery owner was groped in the back room where the incident was also caught on tape.

The Department of Public Health’s County Supervisor was the one who insisted on the Health Inspector’s termination and is now urging for his arrest and criminal prosecution. Sexual assault comes under section 243.4 of the California Penal Code. It may either be filed as a felony or a misdemeanor depending on the seriousness of the case.

Three factors must be met when proving a sexual battery: 1) Touching of an intimate part of another, 2) Touching was: a) against will of the person OR b) consent was fraudulently obtained AND 3) Touching was to specifically cause sexual arousal, sexual gratification, or sexual abuse.

An investigation is currently ongoing to determine whether all three factors were met to file charges of sexual assault/battery against the Health Inspector. Meanwhile, a civil complaint has been filed against the county on behalf of the bakery owner, for $10 million in damages.

U.S. vs. Italian Justice: Which Would You Prefer?

Law Offices of William W. Bruzzo — Mon, 14 Dec 2009 01:25:00 GMT

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.