June 26, 2009

Michael Jackson Dies Four Years After Famed Acquittal

Doctors pronounced pop star Michael Jackson dead Thursday, just four years after a Santa Maria jury acquitted him of child molestation charges.

In that case, the prosecution charged Jackson with seven counts of Penal Code 288 -- Lewd Acts with a Child Under 14. The judge also allowed prosecutors to bring in evidence of other uncharged allegations of Jackson's inappropriate sexual activity with children.

Early on in the case, legal experts felt that the evidence against Jackson was compelling, and he faced very likely conviction. But after one of the most celebrated and closely-watched criminal trials, a jury acquitted Jackson of all charges on June 13, 2005--almost exactly four years before his death.

February 18, 2009

Los Angeles DNA Evidence Backlog: The Perfect Storm

According to a NPR report, a recent audit of the Los Angeles Police Department crime labs found that the department had missed legal deadlines to test DNA samples that were collected as evidence in over 200 rape cases. Police Chief Bill Bratton pointed to a lack of funding and manpower in the DNA lab as an explanation for the missed deadlines.

Bratton cited a $500,000 shortfall in federal funding and delays in hiring 16 new lab technicians which strained the crime lab’s ability to process DNA evidence. In the NPR interview, Bratton stated that processing DNA evidence is “extraordinarily labor-intensive…not CSI,” and that “there are just not enough people in the crime lab to do the work.”

That situation is not likely to improve soon. Beginning this year, 2009, the state of California will be required to collect DNA from all adults arrested—not charged—for a felony offense. This is an expansion of existing California law, which mandated the collection of DNA samples from adults arrested—not charged—for California felony sex offenses, murder or manslaughter.

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February 11, 2009

Tustin Sex Crime Arrest of School Athletic trainer

On Christmas Day 2008, the Los Angeles Times reported in an article on the arrest of Hope Jacoby, a 23-year-old athletic trainer at Tustin High School for suspicion of committing sexual offenses that included illegal sex acts with an underage boy. Orange County Sheriff’s Department spokespersons have revealed that Jacoby is under suspicion for committing oral copulation with a minor and unlawful sex with a minor.

In California, oral copulation with a minor is the act of making contact between the mouth of one person and the anus or genitals of another person where at least one of the persons involved is a minor (under the age of 18). The duration or intensity of that contact is not relevant—even a fleeting touch is sufficient under California law.

Unlawful sex with a minor is a sex act between an adult and a minor where the adult is not the spouse of the minor. Depending on the comparative ages of the persons involved as well as other factors—such as the use of force or drugs—a conviction could result in one year of jail time or up to fours incarceration in the state prison. In addition, unlawful sex with a minor can carry civil penalties of up to $25,000.

Added to these legal punishments are the long lasting social and economic damages that a conviction for a sex crime in California inflicts on the defendant. Even being arrested on the suspicion of having done these acts can hurt a person’s career and reputation—even if no charges are filed.

If your livelihood and reputation are at stake, the guidance of an experienced California sex crimes defense attorney is highly recommended. Contact us for a free case evaluation.

January 20, 2009

LAPD Officer Arrested On Suspicion of Sexual Assault

Eduardo Bermudez, a 29-year-old Los Angeles Police Department officer, has been arrested on suspicion of attempted rape, according to this NBC news report. The arrest was made in connection with an LAPD holiday party at a hotel near the Los Angeles International Airport. The alleged sexual assault victim is also an LAPD employee, officials said. The investigation is being handled by LAPD’s Internal Affairs Division investigators.

The consequences of sex crime charges are extremely serious. Especially in cases where the defendant is in a position of responsibility, the individual stands to lose everything. A sex crime conviction will almost always result in jail or prison time, probation and mandatory registration as a sex offender. It could destroy your career. If you are a law enforcement officer convicted of a sex offense, you can forget about ever getting a job in law enforcement again. If you’re a teacher and are convicted of sexual behavior with a student, you will not ever be allowed to work with children. You could lose your career and everything you have been working for your entire life.

Sex crime defendants need a solid criminal defense lawyer on their side because the stakes are simply too high. If you have been charged with a sex crime in Southern California, you need a skilled Southern California Criminal Defense attorney, who has a proven track record of getting sex crime charges reduced, rejected or dismissed. We understand that often times, allegations of sexual assault or sexual conduct may be fabricated. Our attorneys believe in early intervention -- getting to the heart of the case very early in the game so we can stop charges from even being filed against you. If you or someone you love has been charged with a sex crime or is being investigated in connection with a sex crime, please call us today for a free consultation and case evaluation.


December 26, 2008

Martial Arts Teacher Pleads Guilty to Molesting Boys

A karate instructor in Orange County pleaded guilty to molesting seven boys in his Westminster studio. According to a news report in The Orange County Register, 51-year-old Patrick Shawn Magnan could face up to 110 years to life in state prison. Magnan reportedly molested the seven victims, aged 10 to 14, indulging in lewd acts such as masturbation, groping and kissing.

One of the alleged victims apparently told a counselor about the incidents, the report states. Westminster police officials say victims told them they did not come forward because they were ashamed and also because they were intimidated by the physical strength of their karate teacher. Magnan pleaded guilty to 12 felony counts of lewd acts on a child under 14 and sentencing enhancements for committing lewd acts on multiple children. Magnan apparently has a prior felony conviction for attempted criminal sexual conduct on a child under 13 in Michigan.

When individuals use children as sexual objects, make no mistake, they must be brought to justice. But all too often, people find themselves charged with sex crimes based on false accusations or manipulated accusers. If you believe you have been wrongfully accused of assaulting or sexually abusing a child, you need the best criminal defense attorney you can find.

Consider the serious consequences of these charges. If you are convicted, you will face a lengthy prison sentence. In this case, this karate teacher faces life in prison. There will not only be severe penalties, but you will be required to register as a sex offender. Your name will be on a sex offender database that anyone can look up. Of course, this will seriously jeopardize your future and prevent you from ever owning a house or being employed. Please do not let this happen to you. Call us today to find out how we can help you with your Southern California sex crime case.


October 6, 2008

Sexual Assault against Patients Lands Doctor in Jail

A 44-year-old doctor in Rowland Heights has been arrested on suspicion of sexually assaulting his patients during office visits, the San Gabriel Valley Tribune reports. Dr. Wazir Nadir Ali was reportedly booked on five counts of penetration with a foreign object and one count of sexual battery under false pretenses, according to Whittier police reports.

Police arrested the doctor after a 20-year-old woman told officials that he sexually assaulted her under the pretext of physically examining her. A similar allegation came from a 53-year-old woman. Both incidents allegedly occurred during medical appointments in 2005 and 2007 at a Bright Medical Associates facility on Whittier Boulevard in the city of Whittier where Ali had his practice.

This doctor has not yet been found guilty of the allegations. But he resigned from the hospital as soon as the allegations surfaced. According to the report, Ali’s medical license has also been suspended and he runs the risk of losing it permanently. This case is a great example of how your life could change if you face California sex crime allegations. Not only is your reputation tarnished – whether you are convicted or not – you also risk losing your job and your livelihood.

If you are facing sex crime charges in California, your best bet is to retain the services of an experienced California sex crime defense lawyer who will listen to your side of the story and independently investigate your case. Our Southern California Criminal Defense attorneys have extensive experience with sex crime cases and can help you fight the charges. Call us today to schedule your free consultation.

September 29, 2008

San Bernardino Birthday Party Clown Pleads Guilty to Molesting Girls

A birthday party clown pleaded guilty to molestation in San Bernardino County, the Daily Breeze reports. David Albert Lemus aka Trim-Trim the Clown, reportedly agreed to the plea deal at the San Bernardino Superior Court in Fontana. He faces up to 12 years in prison. Lemus’ sentencing is scheduled for Oct. 2.

The clown, who is now 51, was arrested in costume in 2005 after two girls – ages 12 and 14 – told police that Lemus molested them during the National Orange Show in San Bernardino. Lemus has pleaded guilty to charges of continuous sexual abuse of a child and oral copulation by threat. Both are felonies.

California child sex abuse cases are among the most serious crimes that can land a defendant in big trouble. If you have been charged with raping or molesting children, you face the possibility of a lengthy prison sentence, stiff penalties and registering for the rest of your life as a sex offender. With such sex offender databases being public record in California, you will have a tough time getting a job or even a place to live.

Don’t let this happen to you. If you have been accused of sex crime, please get in touch with a Southern California sex crime defense attorney to learn about your rights and discuss the best possible course of action. Our attorneys and investigators have decades of experience defending clients against serious charges and a great track record for acquittals. Please call our law offices for a free consultation today.

November 18, 2007

Mike Nifong and The Duke Lacross Case

Durham District Attorney Mike Nifong stated publicly that a small group of lacrosse players from Duke University raped a woman. After putting these young men and the University through a living hell, it was Nifong who was the ultimate wrong doer. He has had his bar license taken from him and he, himself, is facing criminal charges. Don’t fool yourself. The Nifong problem is not isolated to Durham, North Carolina. Quite often, I find reasonable doubt that is clearly obvious in a court file provided by the prosecutor; however, the young and inexperienced prosecutor, fueled by their need for trial experience and/or directed by a supervising district attorney looking to make a name for him or herself pushes the case to trial. Regardless of what the underlying reason is, the issue is people’s lives. Things happen. People make mistakes, whether they are the a private person or public employees like law enforcement detectives, police officers and/or criminalists. D.A.’s should focus on the facts. If there is a questionable issue in a case the case should be either dismissed or reduced to give a wake up call to a person who MAY have made a mistake. What shouldn’t happen is a case being pushed to trial when the facts are questionable or reasonable doubt exists from the facts. Either way, if you are the unlikely sole looking at criminal charges, you better be ready to fight like hell.

October 17, 2007

Senator Craig is Guilty, But Not of a Crime

Oh, the perils of following one’s knee-jerk reaction when faced with criminal prosecution for an alleged wrongdoing. Three-term United States Senator, Larry Craig from Idaho, acted entirely foolish by pleading guilty to “lewd conduct ” after he was allegedly observed by an officer foot-tapping and waiving his hand under the adjacent stall at a bathroom at the Minneapolis airport last June.

Apparently, this gesture is code for “let’s engage in hanky-panky right here in the john.” A critical piece of this strange puzzle is that the recipient of the “signals” was a sting officer, who was being paid to sit in the bathroom all day, on the prowl for perps. The scenario was quite different from being “caught in the act,” as it were.

The Idaho statute is very similar to California Penal Code 647a . This statute makes it a misdemeanor offense to touch one’s private parts in public for the purposes of sexual gratification when others may be present who may be offended by it. Police in Los Angeles, Orange County and San Diego are notorious for setting up similar bathroom operations to entrap people into engaging in Lewd Conduct or Lewd Acts in Public .

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September 29, 2007

Rodman Investigated For Sexual Battery In Orange County Bar Incident

Barely a week after OJ Simpson’s much-publicized arrest in Las Vegas on robbery and kidnapping charges in connection with sports memorabilia, basketball’s bad boy Dennis Rodman got into his share of trouble yet again. According to the celebrity Web site TMZ.com, Rodman is now being investigated for slapping a woman’s rear at Hennessy’s Tavern in Dana Point.

The Web site quotes a source who says Rodman hit the woman so hard that it left a “major mark.” But Rodman’s agent denied those charges saying that this was just another woman trying to get money out of the former star rebounder.

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September 25, 2007

Orange County Personal Trainer Faces Sexual Battery Charges

Sex charges, especially when you are a medical professional or a masseuse, can essentially mean an end to your career. People in these professions are walking a tightrope these days. Even school teachers are no exception to this fact. There is always the question of what is inappropriate touching and what is not. The law is very clear on that, but people are not.

We don’t know exactly which category the following story falls into, but it is a good example of how someone’s career may soon become non-existent because of the charges he is facing. According to a news report in The Orange County Register, a Newport Beach personal trainer is facing sexual battery charges and is being accused of inappropriately touching a female customer who was getting a massage from him Sept. 17.

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July 9, 2007

Former Dance Instructor in Orange County Faces Pornography and Sexual Assault Charges

A former Orange County dance instructor faces charges of child pornography and sexual assault after one of the girls who attended the school found a hidden camera in the instructor’s home bathroom where he encouraged the girls to change their clothes.

According to a news article in The Orange County Register, 28-year-old Jason Alan Marian of Aliso Viejo was a former part-time dance teacher at the Mission Viejo Dance and Performing Arts Center in Laguna Niguel. Both Marian and his wife, who was also an instructor at that school, were fired in April after one of eight girls invited to the couple’s home for a party found a hidden camera in the restroom and turned it over to her father who in turn gave it to Orange County Sheriff’s Department officials. The article says the girl who found the camera was between 10 and 14 years old at the time.

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May 17, 2007

Jury Acquits Spanaway Man of Bestiality Charge

A Tacoma, Wash. jury on May 9 acquitted a man accused of having sex with the family dog, according to an Associated Press news report posted on KIRO TV’s Website.

Michael Patrick McPhail, 26, of Spanaway, was found not guilty in Pierce County Superior Court of first-degree animal cruelty, a felony. Assistant Pierce County Prosecutor Karen Watson said last fall that McPhail was the first person charged in the county under a new state law that made bestiality a felony.

McPhail held that his wife made up the story because she was seeking to end their marriage.

“I'm glad that justice was able to see it wasn't an action of my doing,” McPhail told reporters as he left the court building.

According to the Associated Press report, his wife, Jesika McPhail, contacted police and told officials that she had caught her husband engaged in sexual intercourse with their pit bull, Sara, last October. The case generated outrage among animal welfare advocates across the globe, many of whom called for McPhail to be prosecuted to the fullest extent of the law.

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