Recent Blog Posts in April 2009

The justices divided in an unusual fashion. Justices Ruth Bader Ginsburg, Antonin Scalia, David Souter and Clarence Thomas joined the majority opinion. Chief Justice John Roberts and Justices Stephen Breyer and Anthony Kennedy were in dissent along with Alito.  The court's 5-4 decision puts new limits on the ability of police to search a vehicle immediately after the arrest of a suspect, particularly when the alleged offense is nothing more serious than a traffic violation.

Justice John Paul Stevens said in the majority opinion that warrantless vehicle searches still may be conducted if a car's passenger compartment is within reach of a suspect who has been removed from the vehicle or there is reason to believe evidence will be found of the crime that led to the arrest.  He stated, "Countless individuals guilty of nothing more serious than a traffic violation have had their constitutional right to the security of their private effects violated as a result."

This new ruling which is binding precedent on all 50 states upsets a police practice that has developed since the court, 28 years ago, first authorized warrantless vehicle searches immediately following an arrest.

The Courts decision was based on the case of a defendant, Rodney Joseph Gant, who was handcuffed, seated in the back of a patrol car and under police supervision when Tucson, Ariz., police officers searched his car. They found cocaine and drug paraphernalia.

The trial court said the evidence could be used against Gant, but Arizona appeals courts overturned the convictions because the officers already had secured the scene and thus faced no threat to their safety or concern about evidence being preserved.

Gant was placed under arrest for driving on a suspended license and he already was at least 8 feet away from his car when he was arrested.

This decision is an important civil liberties issue which reinforces that the constitution protects individuals from warrantless searches without probable cause. Prior to this ruling, police officers routinely invade suspects' privacy by conducting warrantless searches when there is no chance suspects could have access to their vehicles. Los Angeles Criminal Attorney's and their clients should be knowledgeable of this changing area of law and the possible defenses it now allows in numerous cases, particularly drug possession crimes.

California has recently enacted new stalking and criminal threats laws in order to give more protection to California school teachers.  Through the enactment of new stalking and criminal threats laws, it is now a misdemeanor, punishable by up to 1 year imprisonment and/or a $1,000 fine, to publish information on the internet or otherwise, describing or depicting an academic researcher or their immediate family, or the location or locations where an academic researcher or immediate family members may be found, with the intent that another person use the information to commit a crime involving violence or a threat of violence against an academic researcher or their family members.  The new law is codified in Penal Code section 422.4.

However, the new law not only protects teachers from cyber stalking and harassment, it is a misdemeanor, punishable by up to 1 year imprisonment and/or a $1,000 fine, applicable to anyone with intent to place any person in reasonable fear for his or her safety, or the safety of their immediate family, by means of an electronic communication device such as telephones, cell phones, computers, Internet Web pages or sites, Internet phones, hybrid cellular/Internet/wireless devices, personal digital assistants (PDAs), video recorders, fax machines, or pagers.  This includes electronically distributing, publishing, e-mailing, hyperlinking, or making another's personal information available for downloading.  See Penal Code section 653.2.

If you know anyone who requires an attorney for Cyber-Stalking in California, contact  Los Angeles Criminal Defense Attorney, Robert M. Bernstein. 

Music producer Phil Spector was convicted of second-degree murder in the shooting death of actress Lana Clarkson at his mansion six years ago. Spector, a music producer, reigned as the hit maker supreme in the 1960's with such songs as the Righteous Brothers' "You've Lost That Lovin' Feelin"' and the Ronettes' classic, "Be My Baby."

Los Angles prosecutors had previously failed to obtain convictions in "celebrity cases" with acquittals of stars such as O.J. Simpson, Robert Blake and Michael Jackson. In fact, Spector's first trial resulted in a mistrial when the jury deadlocked and as unable to reach a verdict.

In closing arguments Spector's defense attorney Doron Weinberg, listed 14 points of forensic evidence including blood spatter, gunshot residue and DNA, which he said were proof of a self-inflicted wound.   "It's very difficult to put a gun in somebody's mouth," he said.  "Every single fact says this is a self-inflicted gunshot wound," Weinberg argued.

But prosecutors portrayed Spector as a dangerous man who became a "demonic maniac" when he drank and had a history of threatening women with guns. They also contended blood spatter evidence proved that Clarkson could not have shot herself.

Under California law which allows prosecutors to introduce evidence of similar prior acts to demonstrate a pattern of conduct by a criminal defendant, they presented testimony from five women who told of being threatened by a drunken Spector, even held hostage in his home, with a gun pointed at them and threats of death if they tried to leave.

A Superior Court jury returned the verdict after about 30 hours of deliberations. The jury had the option of choosing involuntary manslaughter, but did not do so. The jury also found Spector personally used a firearm in committing the crime.

Spector's bail was revoked following the jury's verdict and he was remanded into custody pending sentencing. Spector's conviction of second-degree murder carries a penalty of 15 years to life in prison. The allegation of personal use of a gun carries an additional three year prison sentence. Therefore, under California law Spector will most likely be sentenced to a minimum of 18 years to life in prison.

Annette Yeomans, 51, surrendered and was booked for investigation of grand theft and embezzlement. She was being held Saturday, March 07, 2009, at the San Diego County jail in lieu of $10 million bail.

Authorities allege that Yeomans embezzled the money from 2001 to 2007 while she was chief financial officer for Quality Woodworks, Inc., a cabinetry business in San Marcos.  Embezzlement is a theft crime which involves the act of permanently appropriating assets or money by a person to whom they have been temporarily entrusted.

She spent at least $240,000 on 400 pairs of shoes, $300,000 on designer clothing and 160 purses valued at $2,000 each, investigators allege. She also remodeled a bedroom into a closet with the chandelier and a 32-inch TV, they said.  She would put about $25,000.00 on her credit card every week and then pay off the balance the following Monday with company funds.

The losses went unnoticed and the company never hired an outside auditor to check the books because she had a trusted position.  An investigation began after American Express notified the company in February 2008 that one of its checks had been used to make a payment on Yeomans' account.  Yeomans was fired last year and agreed to turn over her assets to the company, which has recovered about $2 million from the sale of her home, some cars and other property. 

Embezzlement occurs when an employee illegally transfers, uses or appropriates money or property for their personal use. An accountant, manager, CEO or any employee may be accused of this crime. Once an accusation is made, an audit will typically be conducted, and the employer may try to withhold the wages of the employee accused of embezzlement. If your employer has said that they suspect you of embezzlement it is essential that you consult a criminal defense attorney in order to explore your best options and defense immediately.

Cleveland Browns wide receiver Donte Stallworth was charged Wednesday with killing a pedestrian last month while driving drunk after a night out at a South Beach nightspot in Miami Beach, Florida. Stallworth signed a seven-year, $35 million contract with the Browns before last season but was injured much of the year. He previously played for New England, Philadelphia and New Orleans.

An arrest warrant charging Stallworth, 28, with DUI manslaughter was filed in the March 14 accident that killed a 59-year-old construction crane operator who was trying to catch a bus home after finishing his shift around 7:15 a.m..  According to results of a blood test, Stallworth's blood-alcohol level after the crash was .126, well above the legal limit of .08.  If convicted, Stallworth would face as many as 15 years in prison.

Under California law a manslaughter charge is based on whether the facts indicate a defendant was acting with gross negligence in operating the vehicle, or simple negligence. Driving under the influence of drugs or alcohol is considered to be gross negligence.