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 13, 2015
Compton, CA — Ever since it was first adopted in this state, the Three Strikes Law has been controversial. While many support longer sentences for repeat criminal offenders, others argue that the law is overly harsh and leads to lifelong prison sentences for relatively minor third offenses. Repeat offenders often face harsher treatment before and during trial as well, and may be denied bail.
On Monday, Marion “Suge” Knight, 49, was charged with murder, attempted murder, and hit-and-run after he allegedly ran over two men with his car on Thursday in Compton, killing one and injuring another. Knight, the co-founder of the hip-hop record label Death Row Records, was on the set of the film Straight Outta Compton, which chronicles the early career of the influential rap group NWA, when he allegedly got into an altercation with Terry Carter and Cle “Bone” Sloan and drove away, striking the men with his vehicle. The next day he turned himself into the authorities and was released on more than $2 million bail after being booked on suspicion of hit-and-run.
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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 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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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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By Michael Guisti on January 23, 2015
Valencia, CA — As a society we take a dim view of white collar crime. Not just because of the theft, but because of the breach of trust involved. Embezzlement, fraud, forgery, and identity theft all require the perpetrator to lie or misrepresent themselves somehow. We want to believe that our employees, elected officials, and anyone we do business with is acting in good faith, and high profile stories about white collar crimes cases undermine that belief by reminding us that a number of people engage in duplicitous and deceitful practices for the sake of personal gain.
On Wednesday, Jared Snyder, 44, pleaded not guilty to seven felony charges, four counts of grand theft and one each of embezzlement by a public officer, embezzlement by a private officer, and misappropriation of public funds. Prosecutors allege that Snyder, who previously worked as a baseball coach at Valencia High School, stole thousands of dollars from the Associated Student Body and the team’s booster club in order to pay off private expenses between 2008 and 2013.
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By Michael Guisti on January 21, 2015
Los Angeles, CA — Rewards are often offered for information leading to the arrest and conviction of a wanted fugitive. Usually the money is pledged by a concerned citizen or local business in order to aid the police in bringing a criminal to justice. Sometimes the suspect has already been identified, as was the case with the manhunt for Christopher Dorner in 2013. In other instances, the money will be offered to help identify the perpetrator of a seemingly random act of violence.
On Friday evening at approximately 8:40 pm, Kameron Segal, 48, was shot at least twice in Hollywood. Segal, who owns the real estate management company Williams Holdings Inc., was sitting in his Rolls-Royce behind his office on Sunset Boulevard when an unknown assailant rode up on a bicycle and opened fire on him before riding away.
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