Category: Murder

Trial and Why it Might be the Right Thing for You Many criminal defense and DUI defense lawyers want to talk to you about a plea. Plead guilty, often straight up to the charged crime. What good does this do? Good question. If pleading guilty to the charges does not sit well with you, you’re not alone. It doesn’t sit well with me either. A win for me can take several different forms. First, a dismissal of all charges or an acquittal of all charges is certainly a win. But that’s not the only way to win. A reduction of …

If you ask most lawyers about bail, they will tell you to call a bail bondsman. Many will even suggest you call one that they know and regularly do business with. This is probably not the answer you want to hear when you or someone you love is in custody and has questions about bail. What you want to hear is how your lawyer can help explain how bail works, what the options are for the client or the client’s family and how recent changes in the law may dramatically reduce the cost of bail. Bail Reduction First, when a client …

When Darkness Reigns, by Philip R. Dunn A couple months ago I rented a new office in the Conejo Valley in order to better serve my Ventura County clients. The office is located near the Thousand Oaks Auto Center at 141 Duesenberg Drive, Suite 10, in Westlake Village. I had the opportunity to rent space from a veteran criminal defense lawyer named Philip Dunn. Like many of the great defense attorneys, Phil started his career as a public defender in Ventura County with the likes of Tim Quinn and others great defenders of the Constitution. When I started talking to …

Friday night in Northern California 3 young men appear to have been extremely bored as one the men put on a “bullet proof vest” and another man shot him in the chest. Sadly the vest did not stop the bullet and the young man died. Authorities suggested that the man may have lived if emergency personnel were called earlier. The question now is whether one or both of the young men will be charged with crimes and if so, what crime or crimes? This does not sound like a murder case to me but let’s take a closer look. First, murder is …

Sometimes things may not go as planned in the trial court. Maybe the jury didn’t see things the way you had hoped, or maybe there is a change in the law in the course of a case or after conviction. Maybe your trial lawyer forgot something or made a mistake. The remedy may come from a consultation with an appellate lawyer. I recently had an opportunity to speak with appellate lawyer Anthony D. Z. Tony was kind enough to have answered a few questions about his practice. I have summarized his answers and added a few comments to aid in the …

Innocent Unless and Until Proven Guilty Beyond a Reasonable Doubt Being arrested can be a terrible experience. You can deprived of your liberty, you could be embarrassed, it cost money to post bail to get out of jail and in the case of certain famous athletes, you could lose your job. The NHL or the NFL can do what they like with their players or do what they wish to their players. Each organization has rules in place to deal with situations that occur. Should a player get arrested, the organization has a policy about how to deal with the player. Just …

Understanding Your Rights When the Cops Show Up “I was completely cooperative with the cops…Won’t that help me?” “Don’t I have to answer their [cops] questions?” “I told them [cops] the truth, how can they use that against me?” These are three very common statements at my office. I hear them all the time and I have been hearing the same questions for decades. My answers are still the same, no, no and absolutely. Do you know your Miranda Rights? “Well, yes” is usually the answer. Anything you say can and will be used against you in court. We have …

A one-eyed gang member whose street name is “Winky” was arrested yesterday after authorities linked him to a double murder in Panorama City, California. Police say Winky, or Angel Santana, and another suspect who is still at large, shot three peopleoutside a local 7-Eleven convenience store, killing two of the victims. You might ask how a one-eyed shooter could be so effective with his disadvantage of having only one eye. In reality most people are trained to shoot with one eye closed, thus, giving Winky an advantage over other people who would have to adjust from using two eyes to only …

A dead body was unearthed today in the backyard of a Compton, California home. Los Angeles County Sheriff’s officers said the body was that of the alleged girlfriend of 22 year old Devon Anderson who supposedly walked into the local Sheriff’s Station and told deputies he killed his girlfriend during a domestic dispute the buried her in his yard. The Los Angeles County Coroner is investigating the cause of death and meanwhile young Mr. Anderson is being held in lieu of $1 million bail on charges of murder. He will likely see a judge on tomorrow or Friday. The police did not identify the name …

A 32 year old (former) father was arrested yesterday after his one year old infant died at a local hospital as a result of head and neck injuries. Authorities have David Vasquez in custody in lieu of one million dollars bail. He is thought to be charged with murder. The one year old victim had been the apparent victim of abuse in the past as police were called out to the same location some months ago to find the infant with leg injuries which were not adequately explainable. Happy Father’s Day. If you have questions about child abuse, murder or …

If you or one were not one of the 65 people on the list of those just pardoned by Governor last week, you should call me. One of the people who was pardoned Robert Phillip Brown who was convicted of murder in 1977. Brown spent a decade and a half behind bars before his release from custody. After leading an honest life and “exhibiting good moral character” he petitioned the court for a certificate of rehabilitation. The certificate of rehabiliatation, often referred to as an indirect pardon, is a court document which recommends to the Governor that the subject has …

Two more people were arrested and charged with the murder of a local church deacon after a shooting erupted outside the Westlake area church. One man and two women have been arrested and charged with murder of Andres Ordonez after Ordonez and several other parishioners allegedly confronted vandals spray painting the walls of their church. After Ordonez contacted the individuals, another person was said to have emerged from a car and began shooting at the victims, killing Ordonez and wounding another person. Pedro Martinez, Ivy Navarrette and Janeth Lopez have all been arrested and charged with murder as well as …

Los Angeles County Assessor John Noguez was arrested about 6 days ago after authorities suspected he was taking bribes in exchange for lowering peoples property taxes. In total he was alleged to have cost the County of Los Angeles $1.16 million in lost property taxes based upon his actions. Superior Court Judge Shelly Torrealba would not reduce Noquez’ bail when requested by his attorney. Typically base is set by “schedule” here in California. For every crime there is a corresponding bail amount. In certain cases like theft or fraud the bail schedule provides for setting bail at the same amount …

Levi Aron, 37, was sentenced to 40 years to life in prison after pleading guilty to kidnapping, killing and dismembering an 8 year old boy in a tight-knit Orthodox Jewish community in Brooklyn. Aron admitted he kidnapped and killed 8 year old Leiby Letzky. Aron recounted that after the boy approached him and asked for directions. He promised the boy he would take him home, but instead he brought the boy to Monsey, New York, where he attended a wedding before bringing the boy back to his apartment. The two watched television before going to sleep. The next morning, Aron …

The Black Sabbath Motorcycle Club President was killed in a drive by shooting late Friday night. Clyde Major Thompson Jr., also known as Wild Dogg, 51, was repairing a motorcycle at the club’s San Diego clubhouse, when he was gunned down. The shooter is described as a young black man wearing a black hooded jacket and black shirt. The motive is unclear. Police are searching for the suspect. The Black Sabbath Motorcycle club formed in 1972 by seven African American men who liked to ride motorcycles on Sundays. San Diego is considered the “mother chapter”. Since forming the club has …

The body of a dead woman was found recently at a Poway, California motel room. The body was found stuffed into a three foot suitcase which was left in a motel roomed. In case you were curious the woman was described by authorities as being 5′ 2″ inches tall, making the suitcase a potential hiding spot for the petite woman. The suspect in the crime, Joseph Dorsey, has been charged with killing his (now former) girlfriend, Christine Stewart. Steward, a 47 year old woman from Canyon Lake, California was thought by authorities to have been at Dorsey’s home prior to …

The California Senate just signed a bill that will restrict state law enforcement agents from detaining illegal immigrants unless the immigrant has a prior conviction for a serious or violent felony. The bill is going to the State Assembly soon where it is expected to pass. The new law may lead to some conflicts between federal and state law. It sounds like law enforcement officers are going to have to think on their feet after they contact an immigrant while on duty. Police will have to make a determination whether or not the immigrant has a significant enough criminal history …

George Zimmerman was just released after he posted a one million dollar bail bond. His release surprised me because that is a high bond amount. Apparently Mr. Zimmerman has a lot of “friends” who helped fund this undertaking. Posting a million dollar bond normally costs the defendant 10 percent or $100,000.00. This fee is earned by the bond company as soon as the defendant is released from jail. In addition, and more important to the bond company is securing the bond should the defendant fail to appear in court as ordered. If the defendant does not go to court, the …

Riverside Police officer Ryan Bonaminio was killed by gunshot wounds in November of 2010. The suspect in the crime, Earl Ellis began trial today. The opening statement by his defense attorney caused me some great concern for the outcome of his case. The Los Angeles Times reported that Mr. Earl’s defense attorney conceded the death by gunshot wounds and the fact that it was committed by Earl. The defense conceded that the death was a murder but disputed the allegation that it was premeditated. A first degree murder of a police officer carries a potential death sentence. The approach of …

If you are a police officer in California, it seems as if it is a bad time for you to commit crime. In two separate trials in as many months two different police officers were recently convicted of murder in Los Angeles County. In what is dubbed a “cold case” murder, former Los Angeles Police Department detective Stephanie Lazarus was convicted of beating and shooting the wife of a man for whom she had a love interest. Her defense contended that crime scene evidence was tainted, however, this did not stop the jury from quickly reaching a verdict of guilt. …

A three judge panel in the 4th District (Riverside) Court of Appeal of the State of California just ruled that cities and counties are free to ban medical marijuana dispensaries in their jursidictions. This case followed another case in Long Beach where the 9th Circuit Court of Appeal ruled that Long Beach could not make laws specifically authorizing medical marijuana dispensaries because the drug still remains illegal under federal law. Taken together the new ruling are very damaging for the medical marijuana community. At least in so far as it pertains to dispensaries. While these new laws will have little effect on …

The Lancaster City Counsel just approved a spy plane to conduct aerial surveillance over Lancaster ten hours per day and seven days per week. The images captured by the occupied plane will supposedly be transferred directly to the Sheriff’s Department and viewed by assigned deputies in the station. Comments regarding the surveillance plane are mixed at best. Some residents, including the City Mayor, R. Rex Parris are happy about the crime fighting potential the plane may have. The ACLU has other concerns. Why should honest people who are not breaking the law be subjected to surveillance by the cops and …

Los Angeles Superior Court Judge Kelvin Filer overturned the murder conviction of Obie Anthony and ordered that he be immediately released from jail. Anthony, age 37, spend 17 years in custody after his conviction for killing a man outside a South Los Angeles brother. The judge was very critical towards prosecutors in the case because they failed to disclose to the jury that they made a deal with their main witness. The witness, John Jones agreed to testify in order to get a lighter sentence on his charges of pimping and pandering. Jones also testified against a co-defendant, Reggie Cole, …

As a criminal defense attorney I am constantly trying to stay up to date on new criminal case law and legislation as well as the state of the justice system in California and the United States. One of the ways I do this is by getting emails from organizations like the American Civil Liberties Union, National Association for the Advancement of Colored People, the Anti-Defamation League and even the National Rifle Association’s Institute for Legislative Action. As anyone who reads my blog likely knows, I have fairly conservative views and I rarely jump on any liberal bandwagons. I recently got …

Judge Charles Campbell declared a mistrial in the high profile murder trial of Brandon McInerney. A mistrial is declared for many different reasons, but in this case it was declared because the jury was hopelessly deadlocked and was unable to reach an unanimous decision on either the murder charge or the lesser offense of voluntary manslaughter. The twelve member jury is reported to have deliberated for over 17 hours and was ultimately unable to reach a decision. In criminal cases in California, 12 jurors must reach an unanimous decision in order to find a criminal defendant either not guilty or …

The Supreme Court rules that when police take a child out of school for the purpose of questioning them about a crime, Miranda warnings are required. In a 5 to 4 ruling, Justice Sotomayor clearly indicated that children deserve a higher level of protection from potential police abuse than adults. Prior to this ruling, police could remove a child from his classroom and ask the child questions which intended to gain incriminating responses. Police were allowed to do this without an adult present and without Mirandizing the child. In what seems to me to be a very well reasoned opinion …

In recent the case of McDonald v. Chicago, the United States Supreme Court voted 5 to 4 saying that the Second Amendment does in fact protect our right to keep and bear arms.  The Court was overturning the City of Chicago’s laws restricting one’s right to own certain guns and banning the possession of all handguns. This decision went much further than the two year old case of District of Columbia v. Heller, which never came out and used the words of the Second Amendment.  You can view the new opinion on the Supreme Court website. For opinions or explanations about the …

Convicted murderer Ronnie Lee Gardner is facing the death penalty in an Utah state prison. He is asking that his death sentence be by way of a firing squad. I had a few questions after hearing this story. What country are we in anyway? And what type of person makes up the firing squad? In 2010, even in Utah, what sick individual signs up for the job of firing squad member? Personally, I have never seen that entry on a job description: Member of firing squad. I have never been asked in a job interview: Would you be willing to be …

San Diego, California sex offender John Albert Gardner plead guilty to killing two girls and attempting to rape another. He will be sentenced to life in state prison without the possibility of parole. I believe that Gardner was instrumental in helping police recover the body of one of his victims. For this, the prosecution agreed to spare his life and not seek the death penalty for his crimes. Gardner is set to be sentenced on June 1, of this year. I would expect to hear statements from the families of the victims at that hearing. This should be a highly emotional hearing. …