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.
Read the rest »
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.
Read the rest »
By Michael Guisti on March 13, 2015
Orange County, CA — No one has been executed in California since 2006. Although the death penalty remains on the books and convicted criminals are still condemned to die, the question of whether execution violates the Constitution’s prohibition of cruel and unusual punishment is still debated in our courts. At the local level, the question of whether or not those accused of the most horrific crimes should face the possibility of execution plays out in courtrooms statewide.
On Thursday, Judge Thomas Goethals of the Orange County Superior Court ruled that the death penalty will remain in place as a possible punishment for Scott Dekraai, who pleaded guilty to eight counts of first degree murder in May of last year. In 2011, Dekraai went on a shooting spree in Seal Beach, beginning at the salon where his ex-wife was employed.
Read the rest »
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.
Read the rest »
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.
Read the rest »
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.
Read the rest »
By Michael Guisti on February 28, 2015
Los Angeles, CA — Most people would think that you need to act to commit a crime, but there are certain circumstances in which failure to act can lead to criminal charges. For example, failing to provide for the needs of a child or pet is a crime. Likewise, a hit-and-run driver, one who fails to stop after an accident to exchange insurance information and offer assistance to an injured party can face prosecution.
Street Racing Accident in Chatsworth
Three people were struck by a car earlier Thursday morning during what police suspect was an illegal street race in Chatsworth. According to a spokesman for the Los Angeles Police Department, a modified Ford Mustang was driving down Plummer Street, near a business park, when the driver lost control of the vehicle and drove into a crowd of spectators, who dispersed before officers arrived on the scene. The driver of the Mustang also fled.
Read the rest »
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.
Read the rest »
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.
Read the rest »
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.
Read the rest »
