By Michael Guisti on March 24, 2015
Newport Beach, CA — You may heard the term “discovery” used in connection with court proceedings. Discovery broadly covers the work done between a defendant’s arraignment and the beginning of a trial. During this period both the prosecution and defense build up their cases and communicate about the evidence they plan to use. This time is particularly crucial because this is when prosecutors are required to hand over any exculpatory evidence to the defense.
On Friday, additional charges were filed against Timothy Lance Lai, the tutor who has been accused of helping students change their grades at Corona del Mar High School in Newport Beach. Previously, Lai had been charged with five felonies, including second-degree burglary, computer access and fraud. Prosecutors have now added 16 more charges of felony computer access and fraud, meaning that if he is found guilty, Lai could serve up to 16 years and 4 months in prison. Lai has pleaded not guilty to these new charges, just as he pleaded not guilty to the initial charges in November.
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By Michael Guisti on March 20, 2015
New Orleans, LA — The media have been buzzing about the arrest of real estate heir Robert Durst, 71, in New Orleans on Saturday. Durst was arrested on a warrant issued by the LAPD for allegedly murdering his longtime friend Susan Berman in 2000 in Beverly Hills. One of the most remarkable aspects of his arrest is the timing: although Durst was long a suspect in Berman’s murder, he was taken into custody just before HBO aired the final episode of a documentary series examining the criminal accusation against Durst, including lengthy interviews with its subject.
Two of the issues which have been subject to intense media scrutiny include the admissibility of statements from the documentary that Durst made while unaware that his microphone was on and whether Durst will face trial on drug and weapons charges in Louisiana before he is extradited to Los Angeles on the murder charge.
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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 13, 2015
Orange, CA — One of the most important principles of our justice system is the Eighth Amendment’s ban of “cruel and unusual punishment.” While we may agree that people who have been convicted of a crime must face some kind of consequence, it’s important to remember that in our zeal for justice that we do not inflict punishment in a manner that is degrading or arbitrary.
On Wednesday, a former Orange County juvenile corrections officer was charged with three counts of misdemeanor child abuse, according to the Orange County District Attorney’s office. Tamie Marie Bieker, 38, allegedly forced boys in the Juvenile Hall in Orange to wear shoes that had been rubbed in their own urine on three separate incidents in the summer of last year.
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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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By Michael Guisti on January 29, 2015
Hollywood, CA — News stories about criminal cases often focus on their more sensational or humorous aspects. Although that might help to draw public attention to an important issue or to genuinely newsworthy event; for the people who are involved, the events and their consequences are all too real.
On Tuesday, Muhammet Bilik, 35, was convicted of battery for a brawl that was captured on video in October of last year. Bilik, who was one of the many costumed individuals who take photos with tourists near the Chinese Theatre on Hollywood Boulevard, is seen in the video punching a woman and throwing her onto the ground. Bilik is dressed as the character of Mr Incredible from the Pixar animated feature The Incredibles, the woman in the video is dressed as Batgirl.
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By Michael Guisti on January 28, 2015
Moreno Valley, CA — People often think that the appeals process is meant to allow those who have been convicted of a crime to prove their innocence. However, the truth is that most convictions are won on procedural grounds and sometimes only win a defendant a right to a second trial. While having a conviction overturned because of improper prosecutorial conduct or illegal evidence might seem a bit nitpicky, it is important to remember that one of our core principles is the right of everyone to due process under the law. If that due process is violated then a judge has no choice but to overturn a conviction or undo a lower court ruling.
On Monday, California’s 4th District Court of Appeal dismissed 9 of the 12 pimping charges that Mike Rios, 44, had been convicted of in 2013. However, Rios’ appellate attorney John Schuck plans to appeal the ruling on the grounds that his client’s prison sentence of 14 years 4 months was not reduced because his sentences are being served concurrently.
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