By Michael Guisti on March 10, 2015
Irvine, CA — Even when they’re off-duty, police officers and sheriff’s deputies still retain their police powers. On the flip side, they’re still subject to the same regulations regarding the use of those powers as they would be while on the clock. If an off-duty police officer is found to have violated those rules or misused their authority, they could face internal reprimand or even criminal charges.
Former Signal Hill police officer Jacob Emory Swigger, 39, was arrested on Friday following an investigation into a confrontation that Swigger allegedly had with another motorist in November of 2014. Swigger, a resident of Lake Forest, was driving to work on the morning in question, and was reportedly cut off by another driver on the 5 Freeway in Irvine. According to prosecutors, Swigger responded by speeding up and swerving to force the other driver to stop.
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By Michael Guisti on March 5, 2015
Long Beach, CA — The kidnapping stories that get the most press tend to be child abductions. Primarily because they are more likely to be immediately reported. Adults have more freedom in general and it isn’t entirely unusual to not have contact with them for a day or so. And of course there is often more worry attached to a child who has been removed from their guardian’s custody. However, people of all ages can be the victims of kidnapping.
On Wednesday the Long Beach Police Department announced that three men had been arrested and charged in connection with a kidnapping that was first reported on February 21. According to police, Patrick Adams, 20, Eric Riddle-Rios, 23, and Ryan Scott Urban, 21, held their unnamed victim hostage for several hours and tortured him. The incident was reported by employees at a bank where Adams allegedly brought the victim to withdraw money. Police arrived at the scene and arrested Adams before taking the victim to the hospital.
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By Michael Guisti on March 3, 2015
San Clemente, CA — All sorts of restrictions are placed on teenagers’ behavior. They can’t get a driver’s license until they turn 16. Can’t smoke until they’re 18. Can’t drink until their 21st birthday. These limitations are in place to give them more time to gain experience and develop judgment before they assume the responsibility of adulthood, teenagers often will try to do these things anyway. Sometimes with the help of adults who look the other way or even actively help them.
On Monday, the Orange County District Attorney’s office announced that additional charges would be filed against two former teachers accused of arranging an overnight camping trip in San Clemente in order to have sex with students. The defendants are Melody Suzanne Lippert, 38, and Michelle Louise Ghirelli, 30, who previously worked as a teacher and administrator, respectively, with the Covina-Valley school district.
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By Michael Guisti on February 25, 2015
Los Angeles, CA — Police officers have an extremely high pressure job, particularly in large cities. At any minute they could be called to act in a dangerous situation, like a high speed pursuit or a standoff with an armed suspect. Officers are generally given a certain degree of leeway to use their own best judgment to resolve a volatile situation and restore order, but there are rules about the use of force by officers. Breaking those rules means that officers can face official reprimand and the possibility of criminal prosecution.
This week a letter from the District Attorney's office revealed that three LAPD officers who shot an unarmed man following a police pursuit would not face criminal charges for their actions. On December 13, 2013, Armando Corral, Leonardo Ortiz, and Michael Ayala shot Brian Beaird, 51, a total of 13 times following a police pursuit that ended in downtown LA. Both the crash and the shooting were captured live by TV cameras. A toxicology report from the coroner's office showed that Beaird, a national guard veteran, had multiple drugs in his system at the time of his death.
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By Michael Guisti on February 20, 2015
Costa Mesa, CA — At times professional licenses and permits can seem like burdensome red tape. However, when you’re paying for a service you want to be sure that the work will be done by someone who has met a certain standard of competence. That’s one of the reasons why attorneys need to pass the bar exam and doctors need a license to practice. It’s also why general contractors are required to be licensed by the state to perform work costing $500 or more.
A recent undercover operation in Costa Mesa led to 14 arrests this month on charges of contracting without a license and illegal advertising. The investigation was carried out by the Contractors State License Board, the Orange County District Attorney, as well as Costa Mesa police and code enforcement officers.
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By Michael Guisti on February 18, 2015
Jury service is the most strictly democratic aspect of our legal system. Any US citizen who resides within a court district can be called on to serve on a jury. You don’t have to pass the bar exam, you don’t need to win a local election. By virtue of being on DMV and election rolls, you automatically qualify to receive a summons to appear in one of Orange County’s courthouses and endure hours of tedium waiting in the jury room, waiting in the hallway outside the court, waiting to be called into the jury box, and waiting for your turn to answer a series of questions posed by the judge and by the attorneys. As anyone who has ever been called in for jury duty can tell you, there is a lot of waiting involved.
Most people outside of the legal profession don’t get to see the other side of it. Jury selection (orvoir dire, to speak the truth) is a vital part of any criminal or civil trial, and actually starts the trial phase of courtroom proceedings. Up until then, all scheduled court dates are hearings which generally are meant to determine what the jury should and shouldn’t be exposed to at trial (among other issues that may or may not be relevant to the jury’s verdict). Remember, if you’re a criminal defendant, the result of your case could be dependent on your attorney’s ability to judge which set of twelve strangers will be most receptive to your arguments.
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By Michael Guisti on February 17, 2015
San Bernardino, CA — Jurors carry a heavy burden in our criminal justice system. They must weigh all the evidence and testimony presented at trial and determine whether or not they believe the defendant to be guilty beyond a reasonable doubt. However, even when a jury's decision meets the ideal of perfect objectivity, the verdict is only considered as valid as the evidence and testimony on which it is based. If an eyewitness recants their testimony or evidence is shown to have been faked or otherwise tampered with after the fact, that can serve as grounds to appeal a jury verdict and overturn a conviction.
In 1993, Pamela Richards was found strangled with her skull crushed in San Bernardino County. In 1997, her husband, William Richards, now 65, was convicted of murder. Richards' attorney Jan Stiglitz has been working hard to have his conviction overturned because it was based partly on the testimony of forensic dentist Norman Sperber, who has since recanted his testimony that a wound found on Pamela Richards' body could only have been inflicted by William Richards' teeth.
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By Michael Guisti on February 11, 2015
We all know how trials work on TV and in the movies. The prosecution and the defense make their opening statements, question some witnesses and then after a few closing remarks the jury renders a verdict. On a show like Law & Order, the whole thing might take half an hour or less.
And even though we all know intellectually that drama can’t be complete accurate, it can set up certain expectations when we find ourselves in a new situation. For example, on TV suspects are read their Miranda rights as soon as they’re arrested, but in real life police don’t have to inform you of your rights until they intend to question you.
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By Michael Guisti on February 5, 2015
San Diego, CA — As technology advances, the law often struggles to keep up. Recently California adopted a law banning so-called "revenge porn." Under the new law, it is a misdemeanor to post graphic nude or sexual pictures of another person in order to humiliate them. The targets of revenge porn are usually women whose former boyfriends post nude photos or videos of them online. Recently, the operator of a revenge porn site was convicted on multiple counts of identity theft and extortion in San Diego.
On Monday, jurors found Kevin Bollaert, 28, guilty of 27 criminal charges related to two websites that he ran. One was a revenge porn site called ugotposted.com where he posted user submitted photos that also included personal information such as names and locations, and in some cases linked to social media profiles. Bollaert also ran a site called changemyreputation.com where he charged people up to $350 to have the pictures taken down.
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By Michael Guisti on January 30, 2015
You've probably heard that in a criminal trial the burden of proof is on the prosecution. But what does that really mean?
It has to do with one of the fundamental elements of our legal system: the presumption of innocence. If you are tried for a crime in the United States, the prosecution is required to make their case for your guilt. Every witness they call, every piece of evidence that they introduce into the record is meant to convince the members of the jury that you have committed a crime and to convince the judge that you deserve to be punished as harshly as the law allows.
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