Wednesday, December 28, 2011

New DUI Checkpoint Law for 2012

Effective January 1, 2012, California police will no longer have the authority to place a 30-day impound on vehicles being driven through DUI checkpoints by unlicensed drivers. Current law allows the more than 100 city and county law enforcement agencies who routinely operate DUI checkpoints to ticket unlicensed drivers, issue a fine and impound the vehicle their vehicle for up to 30 days.

Some lawmakers - particularly those advocating for the state's Latino contingent - argued that the law allowing unlicensed drivers' vehicles to be impounded discriminated against peaceful illegal immigrants who are unable to obtain a valid drivers' license because they do not have proper documentation. They state as evidence for the theory that the DUI checkpoints were unfairly targeting low-income and illegal immigrant populations the fact that state records reveal that 2009's DUI checkpoints netted 3,200 drivers driving while under the influence of alcohol; those same checkpoints resulted in over 24,000 impounded vehicles, mostly in areas that were predominantly populated by the less-fortunate and those in the country illegally.

What Will Happen to Unlicensed Drivers in 2012?

Once the new law takes effect in January, unlicensed but sober drivers stopped at DUI checkpoints across the state will no longer face an automatic impounding of their vehicles. They will still face a fine for driving without a license, but they will have the option of relinquishing control of their vehicle to a licensed driver to avoid having it towed and impounded. Since towing and impound fees are usually at least $100, this makes the punishment - a fine and citation - much more fitting of the crime than before.

Law enforcement officials have protested the new law since Assembly Bill 353 was introduced, arguing that it lessens their ability to keep the roads safe by allowing unlicensed drivers to get back behind the wheel as soon as they are out of sight of police. Police agencies will no doubt also feel the financial sting of the lost revenue once generated by impound lot fees - a 30-day stay at a police impound lot can easily run a driver $1500 or more.

 

Tough New DUI Law For 2012

A new bill sponsored by Assemblyman Jerry Hill, D-San Mateo, has been signed into law providing a tough new penalty for 3rd time DUI offenses in California, effective from January 1, 2012.

Under Bill AB1601, judges will have the option to revoke a license for up to 10 years when sentencing third-time California DUI offenders.

Currently, the penalty for a third DUI offense in California is a three-year license suspension (or since 7/1/2010, a six-month suspension followed by a restricted license used in conjunction with with an ignition interlock device) under the authority of the Department of Motor Vehicles.

Prompted by many high-profile cases in California featuring repeat DUI offenders, the new bill is promoted as “an important step toward making California’s roads safer”. Assemblyman Hill estimates it will take 10,000 repeat offenders off the road.

Bill AB1601 has yet to be approved by the California State Senate but is widely expected to become state law.

Sunday, December 25, 2011

For Your Planning ~ Don't Say I Didn't Warn You

Holiday DUI Checkpoints: Los Angeles County

Dec. 29 - Saturation patrol from 5 p.m. to 1 a.m. Dec. 30 in the Olympic station area in Los Angeles;
Dec. 30 -- Sobriety checkpoint from 8 p.m. to 2 a.m. Dec. 31 at Figueroa Street at 9th Street in Los Angeles;
Dec. 30 -- Sobriety checkpoint from 8 p.m. to 2 a.m. Dec. 31 at Van Nuys Boulevard at Haddon Avenue in Pacoima.
Dec. 31 -- Sobriety checkpoint from 8 p.m. to 2 a.m. at Lincoln Boulevard at Maxella Avenue in Marina del Rey;
Jan. 1, 2012 - DUI Saturation Patrol from 2 PM to 10 PM in Mission Area.

Tuesday, December 13, 2011

How Does Being Charged With A Federal Crime Affect My Immigration Status?

The federal court system is very different than the state court system. This is especially true if your immigration status is in question.

In some instances, a person may or may not know if he/she is a U.S. citizen. For example, birth abroad does not automatically exclude U.S. citizenship because a person may acquire or derive U.S. citizenship from one or both parents.

The immigration code sections setting forth the rules on acquisition and derivation of citizenship are among the most difficult to decipher, and Congress frequently amends the relevant statutes, sometimes making the new provisions retroactive and sometimes prospective.

Whether an individual born abroad has acquired or derived U.S. citizenship turns on the confluence of several factors, including:

• Year of the person’s birth
• Whether both parents are U.S. citizens?
• If not, which parent?
• When the parent(s) became citizen(s)?
• The marital status of the parents
• If born out of wedlock, whether the person was legitimated?
• The length of time the citizen parent(s) resided in the U.S. prior to the person’s birth abroad
• Whether the person was legally admitted to or resided in the U.S.
• Whether the non-citizen’s parents, grandparents or great-grandparents were born in the U.S. or ever became naturalized U.S. citizens

Thursday, December 8, 2011

Top 2 Comfort Food Hot Spots In Hollywood

                                                  


1. Stout Burger
best bet: The Morning After Burger - rosemary bacon, egg over easy,
aged cheddar, chipotle ketchup
Add some beer battered onion rings
Wash down with the Old Speckled Hen Cream Ale


2. The Oaks Gourmet Kitchen
best bet: Wild Mushroom and Truffle Oil Pizza (Brick Oven)
Add a side of Mac and Cheese
Wash Down with any one their South American or Australian Wines



Friday, November 25, 2011

Turkey and Pepper Spray

A woman shot pepper spray to keep shoppers from merchandise she wanted during a Black Friday sale, and 20 people suffered minor injuries, authorities said.

The incident occurred shortly after 10:20 p.m. Thursday in a crowded Los Angeles-area Walmart as shoppers hungry for deals were let inside the store. Police said the suspect shot the pepper spray when the coverings over the items she wanted were removed. 

"Somehow she was trying to use it to gain an upper hand," police Lt. Abel Parga reported. He said she was apparently after some electronics and used the pepper spray to keep other shoppers at bay. 

Officials said 20 people suffered minor injuries. Fire department spokesman Shawn Lenske said the injuries to least 10 of them were due to " rapid crowd movement." 

Parga said police were still looking for the woman. The store remained open and those not affected by the pepper spray continued shopping.

"Never Never Give Up" ~ by Graffiti Artists Cope 2 and Brainwash





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Thursday, August 4, 2011

CA Passes Jailhouse Snitch Law

Governor Brown just signed important new legislation requiring corroboration before a jailhouse informant can testify. California joins Texas, Illinois, Massachusetts, Idaho, and several other states that require safeguards to counteract the well-documented unreliability of jailhouse snitch testimony. Here is part of the bill:

"A jury or judge may not convict a defendant, find a special circumstance true, or use a fact in aggravation based on the uncorroborated testimony of an in-custody informant."

An "in custody informant" is defined as: "a person, other than a codefendant, percipient witness, accomplice, or coconspirator, whose testimony is based on statements allegedly made by the defendant while both the defendant and the informant were held in within a city or county jail, state penal institution, or correctional institution."

Friday, July 22, 2011

......

San Francisco Considers New Law

City officials are considering a law that would prohibit private employers, landlords and city contractors from inquiring about an individual's arrest or conviction history before determining whether that person is qualified for a job or housing.

If the law is approved, San Francisco would join Hawaii, New York, Massachusetts and Philadelphia in protecting most people with criminal records from blanket discrimination in the private job market. A handful of jurisdictions in Illinois and Wisconsin impose similar restrictions on landlords, and Seattle is now weighing a proposal comparable to San Francisco's that does both.

LAPD Embarrassment

Los Angeles police Thursday arrested two men in connection with the brutal beating of a San Francisco Giants fan at Dodger Stadium and have concluded that the suspect they took into custody in May was not involved in the attack, law enforcement sources familiar with the investigation said.

Police officials refused to publicly release details about the dramatic turn of events in the case, which has attracted international attention and placed city and Dodger officials under intense pressure to reassure fans it is safe to attend games at the storied venue in Chavez Ravine.

 

Woman In Penis Attack May Have Tainted Victim's Tofu Soup

A Garden Grove woman charged with cutting off her husband's penis served him a strange-tasting tofu soup that police believe was poisoned, according to a law enforcement source.
Detectives have sent evidence to a laboratory to try to determine what kind of poison was used, the source said.

The suspect, Catherine Kieu Becker, is scheduled to appear in court Friday for arraignment, but the hearing may be postponed.

Becker, 48, faces one felony count each of torture and aggravated mayhem with sentencing enhancements for great bodily injury and personal use of a knife. Orange County prosecutors charge that she cut off her husband's penis and threw it in a garbage disposal after drugging him and tying him to a bed.

If convicted on all counts, she faces a maximum sentence of life in prison with the possibility of parole. An "inappropriate relationship" may have been the motive in the case.

Becker, a real estate broker, lived with her husband, identified by prosecutors only as John Doe, in a Garden Grove apartment.

Officials said the husband told police that his wife served him dinner and that he went to bed about 9 p.m. on July 11. Officials believe he might have been suffering the effects of the tainted soup, the law enforcement source said. While he was sleeping, she "tied the victim's legs and arms to the four corners of the bed with nylon ropes," prosecutors said in court papers.

The victim told authorities that when he woke up, his wife pulled down his pants, "grabbing the victim’s penis and severing it with a knife." She then took the penis to the kitchen and threw it in the garbage disposal, "turning it on and mutilating the organ."

She then called 911, officials said.

The husband underwent surgery but the severed organ could not be reattached.

Wednesday, May 18, 2011

1,500 Pounds Of Marijuana Seized From Catalina Island

L.A. County sheriff's deputies seized 31 bales of marijuana weighing about 1,500 pounds on Catalina Island, authorities said Wednesday. Officials said island deputies became suspicious Tuesday when they spotted a man with plastic-wrapped bales during a routine patrol near a small beach at Little Harbor.

A Los Angeles County Sheriff's Department aircraft then dropped SWAT team members down to the site, arresting the man and seizing the marijuana, officials said. About $750,000 worth of pot was flown back to the mainland, they said.

The bust comes on the heels of Sheriff's Department officials discovering what they said was more than $4.5 million worth of marijuana in two unrelated busts in the San Gabriel Valley. In one, officials said, deputies found about 1,900 marijuana plants, valued at about $2 million, growing in rows under bright lamps in the unincorporated community of Bassett.

Thursday, May 12, 2011

Kate Earl

Former CA Prison Leader Joins Fight Against The Death Penalty


As the clock ticked past midnight and the death chamber phone refused to ring, San Quentin State Prison Warden Jeanne Woodford would calmly signal the executioners to inject a lethal dose of chemicals into the condemned man's veins.

Reared in a Roman Catholic family, she grew up believing that only God had the right to take a life. But four times in her 30-year career in California corrections, the soft-spoken mother of five carried out executions of notorious killers, remorseful and unrepentant alike.

Woodford resigned as director of the California Department of Corrections and Rehabilitation four years ago, dismayed over state authorities' clinging to policies such as the death penalty that she had concluded are wasteful, discriminatory and fail to make the public safer.

Now, as the state tries to restart the execution machinery after a five-year legal hiatus, Woodford has crossed to the other side of the contentious debate over capital punishment. On Thursday, the abolitionist nonprofit Death Penalty Focus will announce Woodford's appointment as executive director, a new role that will see her standing on the other side of the walls of San Quentin should any of the 713 death row inmates meet his or her end at the hands of the state.

"I never was in favor of the death penalty, but my experience at San Quentin allowed me to see it from all points of view. I had a duty to carry out, and I tried to do it with professionalism," Woodford, 56, said in explaining how she had to put her personal abhorrence of execution aside to do her job. "The death penalty serves no one. It doesn't serve the victims. It doesn't serve prevention. It's truly all about retribution."

Woodford says she sees an opportunity to get rid of the death penalty in the current quest for budgetary restraint. If the public can be educated about the true costs of capital punishment — at least $200 million a year, she says — as well as its potential for irreversible error, support for the ultimate penalty would wither, Woodford predicts. It is that prospect that has lured her from a brief retirement to the post with Death Penalty Focus from which she will lobby against the policy she once imposed.

"There comes a time when you have to ask if a penalty that is so permanent can be available in such an imperfect system," she says of the mounting instances elsewhere in the country of death row inmates being exonerated by DNA evidence. "The only guarantee against executing the innocent is to do away with the death penalty."

Executions were few and far between during her years at San Quentin, and Woodford focused her attention on the goal of rehabilitation, preparing those with prospects for release to live within the law once they got outside. San Quentin — its storied ocher fortress on a promontory above San Francisco Bay and nestled amid some of the most liberal communities in the country — gained a reputation as a leading progressive penal institution in the years she was there.

Built by inmates housed on a ship until the first wing opened in 1852, San Quentin was one of the first prisons to create an Alcoholics Anonymous chapter, Woodford recalls, and was able to harness the altruism and energy of volunteer counselors and teachers to augment the corrections department's meager rehabilitation resources. In the 1980s and '90s, inmates earned their GEDs, college degrees and trade skills, and aspired to finish their time in the Success Dorm, the re-entry program that would prepare them for life when they got out.

But as she made her way up the ranks, Woodford became increasingly troubled by the state's embrace of capital punishment, restored as a sentencing option in 1978, the year she arrived at San Quentin with a freshly printed degree in criminal justice from Sonoma State University. Though it would be more than a decade before the first of 13 executions was carried out, she watched with dismay as the political football of capital punishment was tossed among tough-on-crime candidates for county district attorney offices and the statehouse.

It was the third of the four executions during her tenure as warden, the 2001 lethal injection of Robert Lee Massie, that brought her to see the death penalty as a failed policy draining funds better used elsewhere. Massie, sentenced to death a second time after his first capital conviction was commuted in 1974, had been a victim of abuse in the state's foster care system, mistreatment born of dwindling state funding and oversight that set him on a path of destruction, she said.

After 26 years at San Quentin, Woodford was tapped by Gov. Arnold Schwarzenegger to serve as corrections director in 2004, a job she initially hoped would allow her to reform the system from inside. She wanted to close the revolving door of parole violators flooding the prisons for three-month terms, enough to compound overcrowding and soak up medical care but too short to get into rehabilitative programs.

"It was an incredibly expensive bus ride to nowhere," she said of the vicious circle of petty offenses sending parolees back inside to reconnect with hardened criminals.

Her proposals for locating inmates in prisons closest to where their families lived went unheeded. Direly needed sentencing reform never happened, although, she says, the Legislature and governor are now drafting programs to cut the 70% recidivism rate, finally motivated by the need to trim the corrections budget.

"There are a lot of hard-working people in the corrections system who take the blame for so much that is out of their control," Woodford says of the frustration that led to her resignation. "They don't make the sentencing laws, but they are expected to carry them out."

After each of the four executions on her watch, Woodford said she asked herself — and was asked by the media witnesses — whether the public was safer as a result. "The answer," she says, "is no."

2 Robbery Suspects May Be Linked To Killing Of MTV Music Coordinator

Two suspects are in custody in a string of recent armed robberies, and Los Angeles police are looking into whether the men are linked to the execution-style slaying of a young MTV music coordinator in a Mid-Wilshire neighborhood early Sunday. Authorities said the robberies in the Mid-City, Wilshire and Southwest L.A. areas involved the use of a shotgun, the same type of weapon believed to have been used in the death of Gabriel Aron Ben-Meir, 30.

Los Angeles Police Department Capt. Matt Blake said the two suspects and possible other accomplices have struck at least nine times in the last two weeks, robbing people on the street and in businesses. The suspects, who have not been identified, were arrested separately Wednesday.

No weapons were recovered during the arrest.

Sources familiar with the investigation said the nature of Ben-Meir's death has led homicide detectives to conclude that at least one of the robbers could be responsible for a slaying April 30 in the Pico-Union area.

In that robbery, Marcelo Aragon, 35, was shot several times with a shotgun as he walked through a residential area in the 2700 block of West 12th Street about 3:45 a.m. Because many of the attacks happened in the early morning hours, no witnesses have been found, sources say. Detectives believe Ben-Meir was shot after 1 a.m. Sunday. His body wasn't found until 6:30 a.m.

The killing of Ben-Meir stunned family members, co-workers at the music network and residents in his quiet Mid-Wilshire neighborhood. Ben-Meir's sister described him as a warm and generous man who was devoted to his career. Ben-Meir had parked his BMW on the street and was a few steps from his front door when he was shot on Packard Street between Stanley and Spaulding avenues. Police have not said whether he was robbed.

Off Vine


Catch Of The Day

Friday, April 22, 2011

Oldest Juvi In CA Not To Be Released

In 1988, Donald Schmidt was convicted of sodomizing and murdering a three-year-old girl. He was sixteen and was sentenced to a juvenile detention center.

Schmidt is now 38 years old, and is the oldest member of California’s juvenile system. Most juvenile convicts are moved to the state prison at the age of 25, but prosecuting attorneys turned to a little-used state law to keep him in the juvenile system by declaring him dangerous. Prosecutors used the same law in order to make Schmidt ineligible for parole.

However, last week the state considered sending Schmidt to a halfway house in Good Hope, California, in order to rehabilitate him during the last few years of his sentence. The facility was less than a mile from Good Hope Elementary School. Riverside County immediately began to protest the placement, noting the location of the halfway house, as well as the fact that Schmidt had no family in the county to help him recover, nor did his crime actually take place in their county and therefore they were not responsible for his rehabilitative needs.

The county drew up two emergency ordinances to make the area less “inviting” for parolees and probationers. The first measure calls for a prohibition against anyone operating a halfway house in one of the county’s unincorporated communities. Small, state-licensed facilities were exempt from the ordinance. The ordinance also barred any land-use approval or building permits from being issued for parole-probationer homes.

The second ordinance is more common, and prohibits any convicted sex offender from living within 2,000 feet of any school, park, or child day care facility. However, it also prohibits convicted sex offenders from living together or even staying in a hotel together unless they’re married. It even prohibits hotels from knowingly renting more than 10% of their rooms to convicted sex offenders. Both ordinances are expected to be in effect for forty-five days, at which point the county will draw up more permanent regulations.

Because of the quick action taken by the county, Schmidt will not be placed at the halfway home in Good Hope. The Riverside County Board considers it an example of “what a community can do if it stands up early.” And while the county considers it a victory, the state of California disagrees. Schmidt must be released by June 2011, unless he is placed in some sort of rehabilitative home, in which case he could be monitored until 2013.

Bill Sessa, a spokesman for the California Department of Corrections maintains that Schmidt’s treatment “is in the best interest of every community in the state.”

Should communities be able to draw up these sorts of measures in order to prevent criminals from receiving treatment there? Or is California correct in their belief that it’s better Schmidt go somewhere and be watched rather than just released into society?

Wednesday, March 9, 2011

Texting Your Way To Court

Glendale police issued 66 citations to motorists over the weekend for using hand-held cellphones while behind the wheel. Another eight motorists were cited for texting while driving, while five others were cited for speeding and other road violations.

“It’s getting quite prevalent,” Sgt. Dennis Smith said of distracted driving. “I think we need to do something to stem the tide."

In most stops during the operation, the motorists admitted to talking on the phone while driving. The motorists face a $145 fine for the citation. The operation was funded through a $254,795 state grant aimed at decreasing the number of distracted drivers.

Police have also deployed electronic signs displaying the messages “Hang up and drive,” and “Talk, text, ticket,” on Brand Boulevard.

Jailhouse Informant Plays Critical Role In Brutal Double Murder Trial



Arthur Davodian's roommate arrived home to discover a gruesome scene at his Tujunga condominium.

Davodian's headless body was stretched out on the living room floor, punctured with stab wounds up to six inches deep.

A trail of blood led through the apartment's hallway to a bedroom where the door had been kicked open. Inside, Kimberly Crayton, Davodian's girlfriend, lay covered in blood. She had been stabbed 19 times during a fierce fight for her life.

Davodian's head was found beside a parking lot a short walk from the condominium complex.

Police focused on the last man seen with the victims alive: Neil Revill, a small-time drug dealer and friend of Davodian. Nearly a decade later, jurors are weighing the fate of the 38-year-old British national after a six-week murder trial.

The case has been marked by the rare courtroom appearance of a jailhouse informant, who testified that Revill confessed to him about the October 2001 killings in grisly detail years later, while they were housed together in an L.A. County jail.

The use of jailhouse informants has sparked controversy for more than two decades, after revelations of perjured testimony resulting in wrongful convictions.

In the aftermath of a scandal in the late 1980s, the L.A. County district attorney's office adopted guidelines requiring strong corroboration before prosecutors could use a jailhouse informant. Since 2006, the office says, it has approved the use of such informants in six cases, though not all of those witnesses have testified at trial.

In Revill's case, prosecutors say, DNA and other evidence help confirm the testimony of the informant, Benjamin Chloupek. He and Revill grew so close in jail that other inmates referred to them as the "Neil and Pek show," Modder told jurors.

But defense attorneys have attacked Chloupek's credibility and argued that investigators were sloppy and overlooked evidence pointing to someone else as the killer.

"They have … built their case around this liar," attorney Michael M. Crain said in closing arguments last week. "Don't let this sociopathic con man con you."

Tuesday, March 1, 2011

Man Claims He Was Trying To Shoot Family Dog, Killed Wife Instead

A San Bernardino County man who claims he fatally shot his wife while aiming for the family dog was being held Monday in a local jail, authorities said.

Twin Peaks resident Brant Bater was initially booked on suspicion of manslaughter, but the charges were amended after homicide detectives uncovered additional evidence, according to the San Bernardino County Sheriff's Department.

Bater told investigators that he was trying to shoot his dog but hit his wife, who was shot once in the head, the department said. His wife, Faith Bater, was pronounced dead at the scene Friday afternoon.

Wednesday, February 2, 2011

New Laws For 2011

California Governor Arnold Schwarzenegger signed more than 730 bills into law last year, most of which went into effect on January 1st. Here are some of the more noteworthy that affect California criminal law.

Regarding Marijuana:

Despite the fact that California voters recently declined to legalize marijuana, a new law reduces the crime of possessing less than an ounce of marijuana from a misdemeanor to an infraction.

Violations will not become a part of the defendant’s criminal record.Medical marijuana dispensaries may not open within 600 feet of a school.

Regarding Children:

Chelsea’s law (which actually took effect a few months ago) provides longer sentences and tougher parole conditions for those who are convicted of sex crimes against minors.

There will be longer prison sentences for anyone who causes permanent physical injury or disability to a child younger than 8.

Adults who knowingly provide alcohol to a minor…when the minor harms another person as a result…will be subject to civil liability.

Regarding Real Estate Fraud:

New laws not only make it easier for victims of foreclosure fraud to seek monetary damages from those who prey on their misfortune but also increase the penalties for those who pose as property owners to scam tenants in foreclosed and vacant homes.

Miscellaneous Laws:

The minimum threshold for a crime to be considered grand theft rises from $400 to $950.

The minimum fine facing domestic violence offenders who receive probation increases from $200 to $400.

New laws ban possessing a firearm in designated areas in public transit facilities, including train and subway stations.

And finally…if you are convicted of your third offense for fare evasion on the public transit system, you face a $400 fine or 90 days in a county jail.

Tuesday, February 1, 2011

State Supreme Court Decision Upholding Execution Of Killer Prompts Dissent Over Dismissals Of Black Jurors

The California Supreme Court on Monday upheld the death sentence of an African American man convicted of killing an elderly white couple in Riverside County, a decision that prompted two justices to dissent on the grounds that prosecutors may have improperly challenged prospective black jurors.

In a majority ruling written by Justice Ming W. Chin, the state high court affirmed in a 5-2 decision the guilty verdict and death sentence against Albert Jones, who was 29 when he hog-tied, robbed and fatally stabbed James Florville, 82, and his wife, Madalynne Florville, 72, in their Mead Valley home in 1993.

"The record here shows that the prosecutor exercised his peremptory challenges to obtain a jury as favorable to his side as possible … and not to eliminate African Americans for racial reasons," Chin wrote for the majority.

But Justice Kathryn Mickle Werdegar and Carlos R. Moreno dissented on the grounds that the prosecutor's reasons for challenging three of five prospective black jurors were not backed by evidence and that the trial judge failed to probe the prosecutor properly.

"The prosecutor offered for each challenge important, even dramatic reasons — reasons the record does not support," wrote Werdegar, joined by Moreno. "That the record does not support the prosecutor's reasons suggests they were pretextual."

The U.S. and California constitutions prohibit attorneys from attempting to remove prospective jurors because of their race.

While picking a jury during Jones' trial, a defense lawyer objected to the prosecution's challenge of three prospective black jurors. The judge asked the prosecution to justify its use of the peremptory challenges. The prosecution said it wanted to remove one black man, who supervised 150 bus drivers, because he was a bus driver and local lighting conditions on the morning of the crime might be an issue because of an eyewitness in the case. The prosecutor said bus drivers might have firsthand knowledge of the lighting conditions.

But the prosecutor did not object to two other bus drivers who were empanelled. They were white. The prosecutor also challenged an African American woman because she was a member of a "controversial church." She was a member of an African Methodist Episcopal Church.

Another African American man was challenged and excused on the grounds that he had a son who had been charged with a serious crime. "I think it was murder or attempted murder," the prosecutor told the judge. But in a written questionnaire, that prospective juror failed to specify the kind of crime.

In ruling on Jones' appeal, the state high court majority noted that the prosecutor had unsuccessfully tried to empanel other African Americans who had been excused for various reasons. "The prosecution gave a detailed, specific, race-neutral explanation of each of the challenges in question," Chin wrote.

But because the judge failed to question the prosecutor thoroughly, it was impossible to know whether the prosecutor made "honest mistakes" in describing his reasons or removed jurors because of their race, Werdegar wrote.

The White Buffalo




Not much is known or written about singer-songwriter, The White Buffalo. Just finding his real name is difficult. But to those who know his music or have heard him play, they're sold. His following isn't great, but it's growing. It's how the elusive figure likes it; an organic, word-of-mouth happening.

His look is striking, like a man who stumbled out of the deepest reaches of the backwoods, with a guitar in hand. He's tall and burly, with long, greasy, brown hair and an unkempt, grizzly beard. While his look is indeed striking, his voice is compelling. Very much Vedder: pitch-perfect, but with range. All this from a man who's music has yet to even appear on radio.

Oregon-born, but Orange County-raised; the majority of his upbringing being in Huntington Beach. Despite the OC roots, he grew up listening to country (Merle Haggard and George Jones), which is apparent in the majority of his music. The man's music is simply infectious.

Pictured above is the White Buffalo, aka Jake Smith, at a private show in San Francisco, circa 2004.

Frame Grabs II



Retirement

Sunrise @ Lowers

Monday, January 31, 2011

Trying To Restore Integrity To Death Row Defense

Brad Levenson, a deputy federal public defender here in California, will lead the first ever Texas Office of Capital Writs. His new job will require him to represent Texas death row inmates who claim their trials were botched and that they were wrongly convicted.

Texas lawmakers created the office in 2009 after a series of investigative reports and studies of the criminal justice system revealed serious problems with the quality of legal representation for indigent defendants on death row. Some of the lawyers whom judges had appointed to represent capital defendants had no death row experience, some had mental illness, some had abandoned their death row clients, and some of the lawyers chosen by judges were dead.

So lawmakers created the Office of Capital Writs to provide better representation for people on death row who can't afford to pay their own lawyers to challenge their sentences. Levenson, who has extensive experience with post-conviction cases in California, has only tried one such case in Texas, which has the busiest death row in the nation. He must deal with a 5 percent budget cut, he'll have to hire about 10 staffers and work about a dozen cases a year with $991,000, down from what was supposed to be a $1 million budget. But Levenson is up for the challenge.

Levenson said Texas wasn't even on his radar screen until 2008, when his office was asked to represent Texas death row inmate Clinton Lee Young. He was convicted of murdering two Texas men in 2001, and a Midland jury sentenced him to death. But Young and his lawyers claim the prosecution withheld evidence at trial that could have helped him, and last year the Texas Court of Criminal Appeals sent his case back to the trial court. Working on that case piqued Levenson's interest, which lead to his appointment in his new position.

Quote

"We, as criminal defense lawyers, are forced to deal with some of the lowest people on earth, people who have no sense of right and wrong, people who will lie in court to get what they want, people who do not care who gets hurt in the process. It is our job – our sworn duty – as criminal defense lawyers, to protect our clients from those people."

-Cynthia Rosenberry

Huntington Beach Considers Posting DUI Offenders On Facebook (And No, You Can't Untag Yourself)

In Huntington Beach, driving drunk can lead to unthinkable accidents, suspended licenses and now, if a recommendation is approved, public shame.

Facebook shame.

Which we all know is the worst possible kind. You may want to defriend grandma now. City Councilman Devin Dwyer wants the Huntington Beach Police Department to move forward with a previously discussed humiliation tactic of posting information and photos of "habitual drunk drivers" on its Facebook page, reports O.C. Now. He made the recommendation at Monday's meeting, and the City Council is expected to vote on it next Monday.

Huntington Beach is really Facebook-happy these days, recently using the social network to help solve a 43-year-old mystery.

Saturday, January 29, 2011

Police Officer Faked Shooting Story


A Los Angeles school police officer who said he was shot by an attacker last week, prompting a manhunt that shut down a large swath of Woodland Hills, has been arrested on suspicion of concocting the story, authorities said Thursday night.

The startling revelation came at a hastily called news conference by Los Angeles Police Chief Charlie Beck, who said detectives became suspicious about the officer's story as they investigated the case.

Friday, January 28, 2011

In Other Eatery News


The Roosevelt's Public Kitchen & Bar Opens In February

Public Kitchen & Bar within the Roosevelt Hotel is just about complete. Formerly the Dakota, the entire look and feel of the restaurant has changed thanks to Studio Collective (also designed upstairs newbie The Spare Room), remember how Dakota was separated from the hotel's main lobby? Well now those walls have come down and Public's bar will actually be part of that lobby area to hopefully entice patrons to grab a drink at Public's bar and hang in that center area which is generally pretty dead.

While renovating the space, construction crew discovered original decorative ceiling art dating back to the 1920s, thus management hired art historians to recreate the designs. As for edibles, chef/partner Tim Goodell is working on his American menu, and within the next few weeks upstairs The Spare Room will start to serve Public bites as late as 4AM (booze till 2AM).

Picturesque