January 2009 Archives

Capt. Dave Lindsay told me the shooting in San Pedro this morning is not a random act of violence and that residents who live near the Pacific Diner should not live in fear.

"This one should be solvable," he said.

Police were investigating leads, but said it was too early in the investigation to say what this is about.

Although the victim remains alive, homicide detectives have been assigned the case. They've been busy, having handled the murder-suicide this week that took seven lives in Wilmington.

Police say the woman shot in San Pedro is still alive at County Harbor-UCLA Medical Center.

Detectives are looking into leads to try to figure out what happened. She was found in a car parked in an alley behind the Pacific Diner at 3821 S. Pacific Ave.

The initial call came out as a woman in a car with a head injury, Los Angeles police Lt. John Pasquiarello said.

The victim lives in the area.

FBI agents and police officers worked today to try to identify a man who claimed to have a bomb during a botched attempt to rob a Gardena bank.

The man ran from the bank without any loot and disappeared.

The crime at the Wells Fargo Bank branch at 1221 W. Redondo Beach Blvd. began shortly before 6 p.m. when the man walked into the bank with a gun.

He claimed that two bags he was carrying contained explosives.

An employee, however, foiled the crime. The gunmen set down his bags and ran through the doors, and into the parking lot.

FBI and Sheriff's Department bomb squads arrived to examine the bags. They determined likely did not contain explosives, and blew them up to be safe.

Police officers, meanwhile, searched the area for the would-be robber, but could not locate him.

A woman in her 20s was found shot in the head inside a car in San Pedro today, police said.

The woman was discovered about 8:15 a.m. parked behind a restaurant in the 3800 block of South Pacific Avenue, Los Angeles police spokesman Richard French said.

The wound was to the left side of her head.

She was taken to County Harbor-UCLA Medical Center near Torrance and was reported in critical condition.

"Right now we don't have any suspect information, although the investigators do believe that this was not a self-inflicted injury," French said.

Two men grabbed a man on a Manhattan Beach street, kicked him and robbed him of his cellular telephone, police said Thursday.

The crime occurred Tuesday at 9:45 p.m. at 9th Street and Highland Avenue, police said.
The robbers fled in a gray vehicle. The victim suffered bruises.

One robber was described as Latino, 18 to 21 years old, 5 feet 9 to 5 feet 11 inches tall. He was wearing a black hooded sweat shirt and blue jeans and had a slight accent.

The second robber was Latino, 18 to 20 years old, 5 feet 9 inches to 6 feet tall. He wore a white hooded sweat shirt, blue jeans and brown boots.

The suspect vehicle is described as a newer Toyota 4-door sedan.

Deputies will conduct sobriety and driver's license checkpoints from 7 p.m. Friday to 3 a.m. Saturday on Avalon Boulevard north of Elsemere Drive and on Avalon Boulevard north of Carson Street in Carson.

Here's a video starring Nick Frost of "Shaun of the Dead" and "Hot Fuzz." It has nothing to do with driving, but it's called, "Ever been this drunk?"

I received this from a reader who went to school with Ervin Lupoe, the man who massacred his family in Wilmington and killed himself:

"I knew Tony personally though I haven't spoken to him in the last three years. I went to junior high and high School with him, he was my boyfriend at that time.

I reconnected with him three years ago after 20 years of not hearing from him. At that time we talked on the phone and by email about what had become of each other.

He shared pics of his family and at that time was expecting his second set of twins and later sent pictures of them when they were born.

My suspicions of him not being truthful at that time have been confirmed by news reports (assuming they are true.) He had told me he and his wife were doctors, that he had previously been a cop with the LAPD for seven years and had been shot seven times, and so on.

Seemed like a stretch at the time but I remember him stretching the truth quite a bit back in school (I never called him on it though.)

He also alluded to being a doctor on the High School Alumni website where I first made contact with him three years ago (his posting is still there). I got a bad feeling about him so decided not to make an effort speak to him further.

Things happened in junior high that were disturbing also. I just don't think he was a stable person looking back on everything. I don't believe his wife was anything but a victim of this along with his kids.

Whatever fraud was committed does not surprise me. Seems that was just the type of person Tony was from very early on. The murdering of his entire family...what a horrible, horrible thing to do and I wouldn't expect that from anyone. But he most definitely had a temper, a scary violent streak that I had hoped he had outgrown. Anyway, I just wanted to shed some light on Tony."

The press releases is out from "48 Hours Mystery," which on Saturday night will broadcast a report on the "Lomita Black Widow" case we covered here at the Daily Breeze in 2006 and 2007.

I was interviewed for the show.

Here's the publicist's release:

WOMAN ACCUSED OF KILLING BOTH HER HUSBANDS WINDS UP DEAD
CBS NEWS "48 HOURS MYSTERY"- SATURDAY, JANUARY 31, 2009

Sonia Rios's life was a true rags-to-riches story. She grew up poor in the
Philippines, but after moving to the United States as a young woman,
she opened up her own successful beauty salon and drove around Southern
California in a Corvette. It seemed like an inspirational tale on the
surface, but many people who knew Sonia Rios used one word to describe
her: "evil."

Known to be a "Navy groupie," in 1990 Sonia married
Commander Larry Risken. Their marriage seemed solid, but years later
Larry learned Sonia was sabotaging his efforts to adopt two of her
young relatives back in the Philippines. It was the ultimate betrayal
and Larry asked for a divorce. Sonia consented, but only if Larry still
went on a long-planned trip to visit the children in the Philippines.
Larry Risken left, but never returned.

Whoever sent me the anonymous tip here on the blog about Ervin Lupoe and Kaiser, please contact me at 310-543-6655. I will not use your name, I just want to talk to you.

The GardenIsland.com in Hawaii reports on a large-scale methamphetamine case that implicated two South Bay residents: 3 Sentenced for trafficking 50 pounds of meth

WILMINGTON (CNS) - Here is a redacted text of the letter sent to ABC7
today by Ervin Lupoe, who is believed to have killed his wife and five children
today at their home in Wilmington. A redacted copy of the letter was posted on
the ABC7 Web site.
   ``To whom it may concern:
   ``To start off about this tragic story, my name is Ervin Lupoe, my wife
Ana Lupoe, my eldest daughter Brittney Lupoe-8yrs, my twin daughters Jaszmin,
Jassely-5yrs, my twin boys Benjamin, Christian 2yrs 4mo.
   ``We worked at Kiaser (sic) Permanente West Los Angeles. My wife as a
mammo. Tech. damn fine one ask everyone including the physicians. My new
position as a Special procedural tech. My position was a fight to get, in fact
had to file a grievance with the union for discrimination and HIPPA violations,
then another administrator had to correct the DA (redacted) regarding the union
procedures, the ADA who did this is, I truly believe is the reason, well not
the whole reason, but added kindling to the fire, why we are dead, (redacted).
   ``Well my wife and I were being investigated for misrepresentation of
our employment to an outside agency for the benefit to ourselves's, childcare.
When after we had our initial interview on Dec. 19th. It seems our fat with the
company had been decided on Dec. 22nd, yet on the 23rd, I was told by my
administrator, (redacted) that, `You should not even had bothered to come to
work today you should have blown your brains out.' After such admonishment from
my administrator, assuming there had been a decision reached, I contacted my
union rep. who stated goto HR and inform them of the incident, and to the union
reps. knowledge there was no decision made.
   ``(redacted) the HR person handling our matter stated that there was no
decision reached as of yet and that an outside agency was handling the matter.
(redacted) stated to me that she had spoken to (redacted) and (redacted)
concerning the statement made, but (redacted) completely denied making such a
comment. I produced the names of the employees, and (redacted) reached me two
days later stating (redacted) thought about the matter and did state (redacted)
made the comment. Then (redacted) asked me how I would accept (redacted)
apology, but not to answer just yet, think about it a couple days and let
(redacted) know. I left the office and two days later my wife and I were
terminated. Our administrator also stated that we would not be eligible for
unemployment, my wife applied anyway.
   ``We returned Kiaser (sic) Permanente's property prior to leaving the
facility, yet the company could not provide us with our license's so that we
may look for other employment. I let the (redacted) of the facility know what
was occurring yet she stated there was nothing she could do but refer us the HR
or our union rep. We were told by (redacted) that we should have received our
license's as they were mailed, yet we did not and when we attempted to reach
her concerning the matter and unable to reach her, again we reached the
assistant administrator of the facility who again stated the same to contact
HR. We stated we have attempter (sic) but there was know response. Then when
(redacted) reached us, she stated don't contact (redacted) ... any more
concerning any problems.
   ``So after a horrendous ordeal my wife felt it better to end our lives
and why leave our children in someone's else's hands, in addition it seems
Kiaser Permanente want's us to kill ourselves and take our family with us. They
did nothing to the manager who stated such, and did not attempt to assist us in
the matter, knowing we have no job and 5 children under 8 years with no place
to go. So here we are.
   ``Ervin Lupoe
   ``(Handwritten:) Oh Lord my God is there no hope for a widow's son!''

Man attacks his lawyer in court with feces

A man who didn't disclose during jury questioning that he was a convicted of a crime was arrested, and could face 10 years in prison. According to the District Attorney's Office:

LOS ANGELES - A former juror accused of twice lying under oath is due to be arraigned this morning on charges of perjury, the District Attorney's Office announced.

Manuel Basulto Soto, 52 (dob 2/28/56), is expected to be arraigned in Department 30 of the Foltz Criminal Justice Center. He was charged in a felony complaint for arrest warrant Jan. 21 with one count each of perjury by declaration and perjury under oath, said Deputy District Attorney Amy Pellman Pentz of the Justice System Integrity Division. The complaint also alleges a 1981 felony conviction for arson.

Soto, who was arrested yesterday by investigators of the District Attorney's Bureau of Investigation, is being held on $100,000 bail. He is charged in case No. BA351577.

Soto was a juror on a murder case in March 2008 when he allegedly committed perjury in his juror application and in his voir dire before Los Angeles Superior Court Judge William Pounders. Voir dire is the process of in-court questioning of jurors by judges and attorneys to narrow the pool of eligible jurors.

In his juror application, Soto purportedly failed to disclose his criminal past. Later, during voir dire, he continued to deny his involvement in any criminal matters when questioned by Judge Pounders, prosecutors said.

After learning about the defendant's alleged perjury, Judge Pounders dismissed Soto from jury duty - before the murder case reached the trial phase - and referred the matter to the District Attorney's Office.

If convicted as charged, Soto faces a maximum state prison term of 10 years.

I just got back from the Wilmington murder-suicide scene. In addition to our story on the main web site,  police sources tell me that this horrible crime had nothing to do with the economy. Ervin Lupoe apparently was a disgruntled worker and his problems at work were related to that....

It was just more than three months ago that I stood in the Ruiz family's den with Gloria and Tito Ruiz, who run a daycare from their Wiseburn home. There, among the comfy sofas and Betty Boop collectibles, Gloria and Tito Ruiz said they were perplexed by allegations that Tito Ruiz sexually molested little girls in their care.

However, what I didn't know then - but know now - was that Tito Ruiz, 65, had already admitted to a sheriff's Special Victims Unit detective that he touched a 6-year-old girl five or six times on her breast and used his bare hand and toilet paper to wipe two other little girls after they used the toilet. The detective, who testified at his preliminary hearing today, said Tito Ruiz knew it was wrong, but he was "curious."

Tito Ruiz was ordered to stand trial for six counts of lewd and lascivious acts on a child. Look for full coverage of the hearing later on dailybreeze.com and in Tuesday's newspaper.

 

Reader Gretchen Bohlke sent this letter about the killing of Torrance contractor Sam Burrescia:

My husband grew up in Torrance with Sam's son Brian Burrescia on the same block. They even played in a band together for a short time. Brian was the lead singer and my husband was their drummer.

In 1983, we were married and Brian's band played at our wedding. Although we no longer live in Torrance, we frequently visit the area to pick up Salsa & El Paso Cantina, a Beef-n-Cheese Burrito at Y-not and a pizza & garlic puffs at Rizzo's Pizza, which is the same Pizzeria in the parking lot as the Burrescia's business.

We were there the weekend before Thanksgiving, bumped into Brian, and caught up on each other's family. During some hard times, Mr. Burrescia would put my husband to work to help ends meet. It is a damn shame that this tragic incident happened to such nice people, family people that would give you the shirt of their back, without asking. Sam will be greatly missed!

Our prayers are with the Burrescia Family.

The Bohlke Family

Here's a preview of this weekend's 48 Hours Mystery take on the "Lomita Black Widow" case of Sonia Rios Risken and her two slain husbands. If you recall, Risken had two husbands killed in similar fashion in the Philippines 19 years apart. It runs Saturday night at 10 p.m. on CBS.

If you listen closely, you can hear my voice talking about someone taking a shot at her.

(It takes a moment to load and you get a commercial first, so hang on.)

No one seemed more annoyed about the delay in sentencing Ricky Sisneros than Sisneros himself. The hold-up seems to be new information received from the California Department of Corrections and Rehabilitation by prosecutors regarding Sisneros' criminal history. Before the 47-year-old can be sentenced, a "priors trial" must be conducted to see if the convictions and prison record attributed to him are, indeed, accurate. The judge must take his history into consideration in deciding penalty - especially if any strikes are involved. The strike issue looks like it will be a point of contention when the two sides get to it at it's new time - next Friday, Jan. 30.

Torrance Superior Court Judge Steven Van Sicklen asked Sisneros if he agreed to the delay. "We're not gonna come back and have something else pop up?" Sisneros asked. He was convicted more than five months ago and now seems eager to know how long he'll spend behind bars. It's not clear what his maximum is for the 10 weapons and drugs convictions, but it did come out in court today that he has 15 convictions dating back to 1980. We had previously only reported on the three that we knew about.

Previously: Did you hear the one about the gang member, the journalist and a bunch of attorneys?

 

Eugene Pollack, whose wife, Joan, was struck as she crossed a San Pedro street on March 22, 1992, sent this letter to respond to the way the case is concluding. The crash killed his friends, Fred and Ezna Crescitelli of Westwood, who were walking with them.

The suspect, Cristian Herrera, who drove away, fled to Mexico and remained free for 16 years, was arrested in August following a Daily Breeze article on the case. He had returned to San Pedro.

On Wednesday, he pleaded no contest to the charges and will serve a 6-year suspended prison sentence, and 365 days in jail. He's already served enough time in jail to get out. He will then be deported.

Here's what Dr. Pollack, a Rancho Palos Verdes resident had to say:

"The only people satisfied with the outcome, a slap on the wrist, are Mr.Herrera, his attorney, the police, the District Attorney and the judge. Mr. Herrera no longer has to worry about being brought to justice, his attorney essentially got him off, the police did their job and caught him, the DA won(?), the judge didn"t have to think.

The case is over and the book is closed. The people not satisfied are those who knew and loved the victims and the public. For the lesson here, is that if a criminal can evade capture long enough, there is little or no punishment. That cannot be good for a safe and orderly society."

Today's story, L.A. puts brakes on take-home car use, caught my attention because I had a conversation last week with a Los Angeles Police Department detective about this issue. I'm offering this just as another perspective on the issue that was not mentioned in the article - not as any kind of opinion:

The detective said that when he is called to an emergency from home, he has to first go to the station and pick up a police car because he doesn't have a drive-home city vehicle. He gets called out to investigations all over the city and says he loses a lot of time doing the car swap. The city will not let officers use their personal cars to drive to work, so this is a must.

We've just been told by police that the older man has died. The shooting in Torrance is a homicide.

He has been identified as Salvatore "Sam" Burrescia, 78, of Long Beach.

His son, Brian Burrescia, 47, was seriously wounded, but is expected to survive.

Larry's still out at the scene, but he's given us this so far:

Two men were shot today during a possible robbery inside a Torrance business.

The shooting occurred about 11 a.m. at A&A Builders, a home-construction contracting firm located in a strip mall in the 2300 block of Sepulveda Boulevard, just east of Crenshaw Boulevard.

Sgt. Bernard Anderson said two gunmen came into the business, each holding a handgun. They were described only as male Latinos wearing hooded sweat shirts.

His full story, as far as what we know so far, is here. More updates should come soon.

Larry is running out of the office to check on a shooting at Sepulveda Boulevard and Pennsylvania Avenue. All we know is that someone was hit during a robbery. We'll give you updates as we get them.

From City News Service:

LOS ANGELES (CNS) - Unannounced searches of Los Angeles County probationers and their homes netted about 100 weapons and $245,000 in illegal drugs and resulted in 132 arrests in the month of December, Supervisor Michael Antonovich announced today.

The DISARM Program -- Developing Increased Safety through Arms Reduction Management -- is aimed at keeping probationers from committing new crimes by subjecting them to spot checks.

Since its inception in February 2000, the program has resulted in 10,446 arrests and the seizure of 4,856 weapons and more than $306 million in illegal drugs.

Ten percent of probationers in the program have been found in violation of the terms of their probation, Antonovich said.

The supervisor pushed for the program's creation in the wake of an attack carried out by white supremacist parolee Buford Furrow, who shot and wounded five people at a Jewish daycare center in Granada Hills before killing a Filipino-American mail carrier on Aug. 10, 1999

This from Hermosa Beach PD today:

A gunman pointed a pistol at a woman in Hermosa Beach last night and threatened to shoot her if she did not hand over her purse.

The robber was among three men who confronted the woman in the 1000 block of Monterey Boulevard at 8 p.m.

She gave them her purse.

The men ran south on Monterey to a car that was driven by a fourth robber. The car was a dark red or burgundy 1990s American made car with four doors.

Police are investigating whether the crime was related to a series of street holdups recently in Manhattan Beach.

I got a report from the Redondo Beach Police Department that included an arrest that will make people who live near Anderson Park happy.

An officer who was checking out a report of possible drug activity in the park drove through at  12:15 a.m. Jan. 13.

He found two guys in separate cars. One of the guys agreed to allow the officer to check his trunk. Well, inside it contained Ecstasy and Psilocybin (mushrooms).

The driver was arrested on suspicion of possession of a controlled substance for sales.

Airport Courthouse jurors returned 21 guilty verdicts today against Francis Miguel Cuellar for molesting an 8-year-old Westchester boy, who was a family friend, and three others in the 1990s.

He returns to court Feb. 27 for sentencing.

We'll have the full story in tomorrow's Daily Breeze.

P.S. Jurors began deliberating just before 9:30 a.m. this morning, so it's likely most of them did not get to see the inauguration....

Previously: Westchester boy testifies about molestation

The Automobile Club of Southern California office in Manhattan Beach that was robbed earlier this month was burglarized sometime during the Monday holiday.

Employees arriving for work today found the office on Aviation Boulevard near Artesia Boulevard had been broken into, Manhattan Beach police Sgt. Bryan Klatt said.

The burglar or burglars, who entered through a door, rifled through some drawers but could not locate any cash.

Nothing was taken.

An employee arriving for work on Jan. 2 was forced to hand over cash to robbers who were waiting for him.

I wrote an article recently that updated the latest on the Sonia Rios Risken murder case.
She's the Lomita woman who was suspected of involvement in the deaths of two husbands, 19 years apart in the Philippines.

Then someone killed her in her home.

The latest was that a CBS television crew had brought back the remains of her first husband and allowed his family to bury them in Iowa.

In that article, I mentioned that "48 Hours Mystery" was putting together a show on the case and said it was scheduled for Jan. 24.

Well, it's been delayed a week. The new air date is Jan. 31.

People who live in an apartment building in the 16600 block of Crenshaw Boulevard heard a thud last night found a car had struck the building.

According to the police, the driver, Edward Ramirez, 18, of Hacienda Heights, allegedly was drunk and unable to stay in his lane.

After the crash, Ramirez and three buds took off, leaving behind the brand new 2009 Toyota Camry.

Torrance officers found them down the street at a 7-Eleven, figured out Ramirez was the one behind the wheel and arrested him on suspicion of drunken driving. Another teen was arrested for breaking curfew.

Here's a few things from Redondo's crime report from last week.

Jan. 5
Police received four calls about car break-ins at the Performing Arts Center in the 1900 Block of Manhattan Beach Boulevard between 9:20 and 10:20 p.m.

Jan. 6
Police found an elderly man dead in a home in 1600 Block of Steinhart Avenue after a neighbor called with concern about him at  7 p.m. Officers determined he committed suicide.

Jan. 8
A man got out of a car in the 1800 block of Hawthorne Boulevard and approached a man walking on the street at 2:45 a.m. He demanded his wallet. When the victim said he didn't have a wallet, the robber hit him in the leg with a baseball bat. The robber jumped back into the car, which had two other occupants.

I've said before in this space that those razor blades are expensive.

So an ex-gang member this morning was trying to filling up his backpack with $480 worth of them and other items at a Long's drugstore in Redondo Beach.

Store workers confronted him, so he dumped the bag and took off -- in his electric wheelchair. Yes, he was in a wheelchair.

Police were working a traffic accident nearby at Palos Verdes Boulevard and Pacific Coast Highway and were able to catch up to him pretty easily. He was moving at about 2 mph.

Now he's heading back to jail.

A South Bay reader who was at the Del Amo theaters when the fight broke out the other night sent this to me today. It gives another perspective on what happened and how he was affected, and suggests "Mall Officials" are downplaying what really transpired.

He allowed me to publish it without his name:

"I have been following with great interest the story of the incident that took place at Del Amo Mall last Saturday.  The reason for this interest as I was there when the bulk of it happened and I wanted to share with you perhaps another perspective than what has been portrayed by others, especially "Mall Officials."

My involvement was as follows:  I was at the AMC theaters attending the 7:20 p.m. showing of Valkyrie.  This movie let out at approximately 9:25.  As I made my way out of the theater, which was the last theater on the far right as you enter I saw several young people, running towards where I had just come from.

As I walked towards the main lobby area there were more people running in several different directions.  When I reached the lobby there were people running in different directions, some minor yelling etc. 

Obviously at this point I had NO idea what the hell was going on.  Then a young man burst through the doors being chased and then subsequently tackled by police.  They had him on the ground restraining him while not far away was another man laying face down already handcuffed being watched by another officer.  It seemed to me that not only didn't we (movie goers) as well as the AMC staff had any idea of what was taking place.  All you could hear was yelling, some even said they have guns etc. 

Several weeks ago I was getting into my car parked on the street outside my home. As I put the key in the lock, a car pulled up next to me. Two black men who looked to be in their 20s were inside.

I won't lie. My immediate reaction was thinking I was about to get robbed. I know my heart jumped and I was concerned.

I had no reason to be. The passenger asked me for directions. He and a friend were trying to get to the beach and had become lost.

I told them the way and off they went. And, oh, did I feel both terrible and racist about my reaction.

I'd like to think I would have reacted the same way if the two young men had been white. I'd like to think it was the car stopping next to me that startled me.

I know I'm not perfect. Racism exists, even in those of us who deem ourselves not to be prejudiced.

Although I am upset with myself for my reaction, I don't think of myself as racist. Sometimes I relish the fact that I workout at a gym in Hawthorne, where people of all races run on treadmills next to each other.

It's not really clear why, but after Adrianne Gloria Moran reported her 18-month-old boy missing, detectives became convinced she staged the whole ordeal. She's due in court today. We have a story up here, but will update later after her arraignment.

A man dressed in "motorcycle leathers" and a helmet pointed two guns at tellers Monday and robbed a Rancho Palos Verdes bank, sheriff's deputies said.

The robbery at the Union Bank branch at 20 Miraleste Plaza possibly was committed by a member of the so- called Sport Bike Crew, FBI spokeswoman Laura Eimiller said.

In each crime, the bandit wears a motorcycle helmet and outfit.

In Monday's crime, the bandit walked in about 10 a.m. and pointed guns at the tellers, Lomita sheriff's Lt. Greg Ahn said.

Eimiller said he possibly had a third weapon.

"There have been two very similar robberies in Long Beach, and there is one attempt in Los Angeles," Eimiller said.

The gunman did not fire the weapons and no one was hurt.

He was last seen riding away on a sport motorcycle south on Palos Verdes Drive East.

Witnesses described him as white, 5 feet 8 inches to 5 feet 9 inches tall, with a small to medium build. He wore black clothing and a red helmet with black stripes or tape on it.

Bank photographs of the robbery were not immediately available. Previous 

photographs of a robber in a blue motorcycle outfit and helmet are available on labankrobbers.org in the serial bandits section.

Anyone with information about him is asked to contact the FBI at 310-477-6565.

Tips also can be made anonymously through the Web site.

From City News Service:

LOS ANGELES (CNS) - A state appellate court panel has reinstated a lawsuit brought on behalf of a 5-year-old, asthma-stricken girl, whose father wanted to hold the owners of their Woodland Hills apartment complex liable for secondhand smoke.

Michael R. Sohigian, the attorney for the family of Melinda Birke, said that with Monday's ruling the 2nd District Court of Appeal became the first court in the country to find that an apartment tenant could sue a landlord for failing to restrict smoking in outdoor common areas.

The three-justice panel unanimously voted that Van Nuys Superior Court Judge Richard B. Wolfe erred when he ruled in 2007 that the girl did not have the legal standing needed for the lawsuit to proceed and dismissed her case.

"This court concludes that ... a child living with her family in a rented apartment has standing to bring a private nuisance claim based on interference with her right to enjoy the rented premises," Justice Fred Woods wrote in authoring the 15-page opinion.

"We are gratified ... that a California court is the first in the nation to hold secondhand smoke is a public nuisance,'' Sohigian said today. "The court's opinion also adds significantly to the law of nuisance, which is a rapidly developing area of increasing importance in our civil law."

The appellate court affirmed by a 2-1 margin Wolfe's dismissal of a second cause of action for violation of the Americans With Disabilities Act.

The lawsuit was filed in June 2006 by John Birke, who is an attorney, against Oakwood Apartments, where his daughter, Melinda, lives with both of her parents.

The complaint, which seeks unspecified general and special damages, alleges a public nuisance exists at the apartment complex, because management allows smoking by tenants and visitors in outdoor common areas.

Sohigian stated in his court papers that landlords have a basic duty to not expose tenants to an "unreasonable risk of harm."

But Gregory P. Korn, the attorney for Oakwood Worldwide - the owners of the apartment complex - submitted papers maintaining that landlords have no obligation to tenants to ban cigarette smoking in outdoor common areas.

Korn declined to comment on the appellate court ruling.

Prosecutors announced today that they were "unable to proceed" to trial against Ismael Torres for the shooting that left a young boy with a bullet in his brain. We have the full story up here at dailybreeze.com.

Previous Crime & Courts blog entries on the case are here.

Torrance Superior Court Judge Hector Guzman explained that he was giving Elvin Worthey the maximum sentence he could because of a number of factors, including Worthy's criminal history and his "sinister" acts against a "helpless and unresisting victim."

Worthey was convicted of a slew of charges for breaking into a Torrance home, then confronting the resident who came home in the middle of the burglary. Worthey threatened the resident repeatedly with a gun, then took off with the car and valuables, including family heirlooms.

We'll have a full story, including the victim's statement to Guzman, later on dailybreeze.com.

Previous entries on Worthey are here.

A man dressed in "motorcycle leathers" and a helmet pointed two guns at tellers today and robbed a Rancho Palos Verdes bank, deputies said.

The robbery at the Union Bank branch at 20 Miraleste Plaza occurred about 10 a.m., Lomita sheriff's Lt. Greg Ahn said.

The man, wearing a complete motorcycle riding outfit,  held a gun in each hand, but fired no shots.

No one was hurt.

He was last seen riding away on a motorcycle south on Palos Verdes Drive East.
Lomita sheriff's detectives and FBI agents are investigating.

The amount of money taken was not disclosed.

FBI is reported in their Preliminary Semiannual Uniform Crime Report that violent crime fell nationwide 3.5 percent, continuing a trend. The report doesn't reflect most of the South Bay since it only includes cities with populations of 100,000 or more - which means only Inglewood and Torrance.

We start collecting the numbers from the South Bay law enforcement agencies on 2008 crimes in a few weeks. Larry's annual story reflecting the figures usually comes around March.

From City News Service:

LOS ANGELES (CNS) - A "prolific tagger" was arrested for allegedly causing about $8,000 in damage to signs at the interchange of the San Diego (405) and Harbor (110) freeways, officials said today.

The 17-year-old boy, whose name was withheld, was taken into custody and booked at Los Padrinos Juvenile Hall, said Lt. E. Ruble of the sheriff's Transit Services Bureau. It's unclear when the arrest was made.

The teen was released last night wearing a GPS-enabled ankle monitoring device, pending further legal action against him, Ruble said.

Charges have not been filed yet against a man who was arrested last week after allegedly following a Torrance woman home from a casino and robbing her, according to the authorities. Earnest Alexander, 41, of Hawthorne, is being held at the Men's Central Jail on a federal parole violation while several law enforcement agencies investigate him, said Torrance police Sgt. Bernard Anderson.

Federal prosecutors who had searched for Alexander for months in connection to a large-scale Lawndale-based counterfeit currency ring say they will wait to see how state officials handle the case before pursuing him the case against him in federal court. Another figure in that fake money case, Troy Stroud, was expected to be sentenced today. The sentencing, however, was postponed until Jan. 26, according to Assistant U.S. Attorney Mack Jenkins.

Alexander was arrested Wednesday after leading police on a pursuit that ended when he crashed his vehicle in the Harbor Gateway. He is suspected of following a Torrance woman home from the Normandie Casino in Gardena and robbing her early that morning.

Previously: We don't just write about crimes ... we solve them, too!

From Torrance PD:

The arrested persons in the Del Amo Fashion Center incident are as follows:

1.  Courtney Gillian        18yrs    Los Angeles      PC 243 (a)

2.  Alexis Ballard           19yrs    Woodland Hills  PC 242

3.  Deandre Long           20yrs    Paramount        PC 148, PC 69

4.  Timothy Lamb           19yrs    Paramount        PC 148

5.  Garrett Sloan            18yrs    Paramount        PC 148

6.  George Williams       19yrs    Bellflower          PC 148

7. Juvenile                                                         PC 148, 602 WIC

8. Juvenile                                                         PC 148, 602 WIC

Note: 242 and 243 (a) are battery

148 is resisting a police officer

69 is also resisting a police officer, but makes it a felony (The guy here allegedly hit a cop and caused an injury.)

602 is trespassing.

Everybody besides Mr. Long is facing misdemeanors. And Nos. 1 and 2 are women. The rest are guys.

Gov. Schwarzenegger Issues Statement on Entire Sex Offender Parolee Population Now on GPS Monitoring

Today Governor Arnold Schwarzenegger issued the following statement on the California Department of Corrections and Rehabilitation (CDCR) having finished placing a GPS device on every sex offender on state parole. These sex offenders, which total 6,622 parolees, have all been fitted with an ankle bracelet that transmits its location to parole agents who monitor them. Agents also visit these individuals on a routine basis. CDCR had originally projected to have every sex offender parolee under GPS monitoring by June 2009 but was able to complete the task six months ahead of time.

 

"Having a GPS device on every sex offender parolee in California is an important public safety tool that will hold these individuals accountable for their actions and whereabouts," Governor Schwarzenegger said. "Protecting our children and families from sexual predators is a priority, and with a GPS device on every sex offender on parole and parole agents monitoring these offenders aggressively, we will make our communities safer."

 

Jessica's Law, also known as Proposition 83, which was passed overwhelmingly by California voters in 2006, required that every paroled sex offender be monitored by GPS. More than a year before Jessica's Law passed, CDCR began using GPS to monitor sex offenders and has more GPS units in the field than any other state or law enforcement agency in the country

If you were at Del Amo Fashion Center on Saturday and took photos or cell phone videos of the donnybrook in the Lifestyle Wing, police would like to see them.

Give detectives a call at 310-618-5570.

We'll have more hopefully later today on the "Brawl at the Mall," including the names of the people arrested. The fight apparently began over two women in a dispute over some clothing. I don't know what that means exactly, but we'll try to find out as the day progresses.

By the way, if you have any pictures, send them to me too at larry.altman@dailybreeze.com. I'll post them.

KFI's Eric Leonard reported over the weekend that Marlo Jones, a gang member who accused Councilwoman Janice Hahn of paying gang members in a controversial Fox 11 report, was arrested for robbing a musician at a Universal City hotel last week. (The Fox report is in the KFI's link above).

Previously here: Hahn says report she funded gang was 'outrageous'

From Hahn's blog: Thoughts on the Fox Story and Combating Gang Violence in Watts

His little head was barely visible behind the microphone on the witness stand. But his voice was certainly heard.

Today, a now 10-year-old boy told an Airport Courthouse jury about how family friend Francis Miguel Cuellar, 40, wrote "S-E-X" on the boy's chest with his finger before kissing his cheek and fondling him. (Watch for the full story later on dailybreeze.com).

It's never nice to watch any victim testify, ever. But something happens to a courtroom when a child takes the stand. You can almost hear everyone holding their breath as some very real, heart-wrenching tale of innocence lost is told from the mouth of a babe.

A former actor on "The Sopranos" was sentenced Friday to 10 years in prison for a botched burglary in the Bronx in which an accomplice shot and killed an off-duty police officer.

Lillo Brancato Jr. was best known for playing Robert DeNiro's son in "A Bronx Tale," but he also played wannabe mobster Matt Bevilacqua in "The Sopranos."

Mob boss Tony Soprano whacked him during his sixth appearance.

Brancato had a local connection. Hermosa Beach police busted him in a drug case before the 2005 shooting.

Here's the story I wrote on Dec. 13, 2005:

The former "Sopranos" actor accused of killing a New York police officer was arrested earlier this year in Hermosa Beach when officers found him under the influence of drugs.

Three Hermosa Beach residents were arrested as suspects in the robbery of a homeless man after a witness recognized one of them as someone he had seen in a reality television show, police said today.

One of the suspects, Erich Lorenz, 22, left, had previously been shown getting arrested on "Ocean Force - Hermosa Beach," Hermosa Beach police Sgt. Robert Higgins said.

Lorenz and the two other suspects allegedly punched and kicked a homeless man about 8:20 p.m. Wednesday in the 1100 block of The Strand.

The victim told police the robbers took his state disability money, about $200.

After the witness said he recognized one of the robbers, police viewed the July 2007 show and identified Lorenz, Higgins said.

Officers arrested Lorenz, along with James Ryan 19, above right, and Natalia Aguilar, 19, near Lorenz's home.

They still had the victim's money and other belongings.

The three were booked at the Hermosa Beach jail on suspicion of robbery. Bail was set at $100,000.

Controversial, for sure. Hailed by many for crime solving, expected. Excoriated by civil rights activists, absolutely. Immigrants subject to DNA samples

A Manhattan Beach dentist is serving three years probation after pleading guilty to carrying a loaded firearm and driving while intoxicated, a court clerk said Thursday.Dr. Steven Oliveira, 47, was scheduled to go on trial Thursday in Torrance Superior Court, but apparently pleaded guilty to the two misdemeanor counts on Dec. 24.

Oliveira was arrested July 10 after he was spotted in the 2400 block of Pine Avenue in Manhattan Beach. He appeared drunk and had a gun in his pocket, according to officers who testified at his preliminary hearing in September. The officers stopped him while he drove his truck, and saw two guns inside. Oliveira appeared drunk and did not comply with the officers. He later failed field sobriety and blood-alcohol content tests.

In exchange for his plea, prosecutors dropped a criminal threats charged that stemmed from his telling an officer he was going to "pop" him. He was released after his arrest, and returned at least twice to the police station, demanding his guns back and to see the officer.

For more than 23 years, a serial killer who targets mostly black women has terrorized a South Los Angeles neighborhood. Last night, community members gathered to remember the victims of these unsolved murders. The L.A. Weekly has the report here.

The link also includes information about a reward...

Previously: 'Grim Sleeper' serial killer resurfaces in L.A.

From City News Service today:

INGLEWOOD (CNS) - A Los Angeles man was shot to death today in Inglewood, authorities said.

Alaleem Hassan Shabazz, 57, died at the scene of the shooting, which occurred about 12:30 a.m. in the 400 block of East Stepney Street, said Craig Harvey of the coroner's office.

According to the preliminary report, Shabazz was in a vehicle when he was shot "multiple" times, Harvey said.

There were no immediate reports of arrests.

Apparently, you can't starve the prisoners so you can pocket their food money: Ala. sheriff locked up over measly jail meals

You may have read here about the man who followed a Torrance woman home this morning from a Gardena casino, robbed her, then led police on a pursuit that ended with a crash in the Harbor Gateway. When I saw that story, I thought the suspect's name sounded familiar. 

I ran Earnest Alexander's name through my spreadsheet o' criminal cases, and saw that someone of the same name, age and hometown of Hawthorne was wanted by the feds as part of that large-scale Lawndale counterfeit currency ring the Secret Service busted up last year.

I gave Assistant U.S. Attorney Mack Jenkins a call and asked if Alexander was still at large. He joked, "Yes. Did you find him?"

I replied, "Well, yes, I think I did."

Some Secret Service agents have made their way to the Torrance Police Department this afternoon to have a chat, and it seems like he's the same guy.

Guess he had good reason to run - the ringleader of the operation previously pleaded guilty to some charges and is serving a little more than nine years in a federal penitentiary. The four remaining participants have pleaded guilty and face a maximum of 20 years in prison when they return to court. One is scheduled to come back Monday and three others are scheduled for March 9. 

Previous entries on the counterfeit currency ring are here. 

The Children's Law Center sent out a release today with information about their "Adopt a Family" holiday program. Yes, the holidays are over, but it's not too early to start thinking about next season or other year-round needs for these kids.

LOS ANGELES - For many of the nearly 25,000 children in Los Angeles county's child welfare system, the holiday season can be less than joyful as resources are stretched and caregivers are unable to afford the 'extras' that so many of us take for granted.

Leslie Starr Heimov, Executive Director of the Children's Law Center of Los Angeles (CLC) which provides legal representation for abused and neglected children and youth under the jurisdiction of the dependency court, said that the organization created the successful "Adopt a Family" project in 2006 when CLC recognized the impact that having even a few gifts to open during the holidays can have upon a child in the foster care system.

"CLC is very proud of our 'Adopt a Family' project, which has grown exponentially each year since its inception. Even in these difficult economic times, the generosity we have seen through this project is truly inspiring - over 2,000 gifts were distributed. In this 2008 holiday season, the project has had more of an impact than ever, as so many families are struggling to afford basic necessities and were unable to purchase holiday gifts. The community stepped up and recognized that there is much we can do and even giving a little makes a real difference," stated Ms. Heimov.

In addition to gifts for foster children, the project identified that some of these children, along with their caregivers, were in need of food, blankets, and warm clothing. CLC and many donors provided these items as well as gift cards to grocery stores in order to assist the entire family along with the child or children CLC represents.

CLC continues to help needy children and families throughout the year. Community members may participate by purchasing gifts directly, by donating toys, clothing, books, baby care items, household items and gift cards, or by monetary donation. Donations may be designated to support CLC's core mission, Client Needs Fund, Emancipation Fund or Birthday Project fund. All donations are tax-deductible.

For more information, please see www.clcla.org/.

I totally have to admit that I always pause a moment when covering a story that involves the Bureau of Alcohol, Tobacco, Firearms and Explosives. I mean, just who thought that one agency should regulate all these deadly devices? I know, in their own way, each could wreak havoc on a body, but can we really equate a Marlboro with an AK-47?

Today in the Twitter universe, I found someone who feels just the same way I do. His letter questioning the ATF made me laugh ... but some of his others are freakin' hilarious. I guess I relate because I can be an Angry Letter Writer myself, but this guy takes it a step further.

In 2003, Sara Plowden claimed Torrance officers pulled her over for a traffic stop and physically accosted her, all because she was black. She sued, claiming civil rights violations, and a federal court jury has ruled against her. Here's today's story.

While her attorney, Thomas Beck, could not be reached for comment today on this story, he previously said that evidence of police abuse in his client's case are bolstered by evidence produced in other lawsuits against the department, including a $6.5 million settlement the city paid to the family of a 19-year-old San Pedro girl who was killed in a 1984 crash with an off-duty sergeant.

Beck, a Los Alamitos attorney, is well-known to local police agencies. He's represented numerous people in excessive force and civil rights lawsuits against departments that include Hermosa Beach, Inglewood, Lynwood and Los Angeles.

In a murder trial just getting underway in Albany, New York, the District Attorney asked the media agencies covering the case to refrain from using names of some of the witnesses - mostly children. The prosecutor's request was based on the belief that the "don't snitch" culture of gangs could jeopardize the case.

This is a conversation I have with prosecutors on a pretty regular basis. We are often asked to withhold names of witnesses for various reasons, including witness intimidation issues, safety concerns and privacy. It's a difficult decision many news rooms must grapple with, as it pits our First Amendment rights and the public's right to know in direct conflict with the well-being of people or justice.

Sometimes, witnesses don't understand that their names are fair game when on the record, and that causes problems after a story is printed.

We never use names of sexual assault victims without direct permission, and do take extra precautions when writing about children involved in crimes.

That being said, we do weigh our decisions on a case-by-case basis. Know that our intent, as journalists, is not to make tragic situations worse for anybody. But we have a job to do, and we are constantly trying to balance our responsibilities with such issues in mind.

The LAPD's Web site -- lapdonline.org -- will soon be available in a bunch of languages besides English.

Here we go: Spanish, Japanese, Chinese, Arabic, Hebrew, Russian, Italian, French,
Tagalog, German, Vietnamese, Hindi, Korean and Portuguese. They have some sort of translator that will translate it for the reader.

There's no start up date yet, but it should be soon.

The coppers also are going to start a sports section called "LAPD Sports." They'll talk football, baseball, motocross, weight lifting, boxing and sumo wrestling.

According to a press release:

"LAPD Sports will showcase the accomplishments and stories of the many officers who excel in sports. In cooperation with The Los Angeles Police Revolver and Athletic Club, LAPD Sports will also contain links to upcoming schedules, video highlights, pictures and special events. With approximately 30 different team and individual sports, there will be something for every sports fan to enjoy. Because like you, cops love sports."

Personally, I can't wait to see the Sumo wrestlers take on the gangs.......

A shooting suspect arrested after a 2 1/2 hour standoff with sheriff's deputies was identified Monday as Christopher Gosalves, 37, of Carson.

Gosalves barricaded himself in his home with his family about 5 p.m. in the 100 block of West 220th Street, deputies said.

Carson sheriff's Sgt. Barry Shapiro said Gosalves got into an argument with another man and shot at him before running into the house.

A sheriff's special weapons team surrounded the house. Gosalves surrendered about 7:30 p.m. He was arrested on suspicion of assault with a firearm.

Here's more on Shawn Shelton, the former Manhattan Beach police sergeant turned child abductor and molester, who's facing trial for murder in Louisiana.

I reported last week that he was moved from the Natchitoches Parish jail to the Caddo Correctional Center in Shreveport.

That was because Shelton is HIV positive and it's too expensive for the small town's jail to pay for his medications. The Caddo facility is better equipped to handle his care.

Well, it also turns out that Shelton got busted on Dec. 5 for drug possession. Because of his medical condition, he was housed in a room with trustees, those guys who work their sentences off in jail.

He was with a group that smuggled some marijuana into him and he got caught, said Calvin McFerrin, the Natchitoches Parish chief of corrections.

It probably won't be pursued because Shelton's facing a murder charge and this comparatively isn't that big of a deal.

Shelton already is doing 35 to life for kidnapping and sexually assaulting a 14-year-old boy in Las Vegas. He's charged with drugging and killing 19-year-old Justin James in Natchitoches, possibly to sexually assault him.

Police in Porterville found a BMW reported stolen in Redondo Beach and ended up making some good busts. Here's this from today's Visalia Times-Delta and Tulare Advance-Register:

The recovery of a stolen car in Porterville led the Porterville police to a cache of illegal drugs last week.

Porterville police said they spotted a BMW reported stolen from Redondo Beach in front of a home on the 200 block of East Vandalia.

A search warrant at the home, served a short time later, netted methamphetamine, stolen property and paraphernalia associated with the sale of controlled substances.

Alejandro Sanchez, 23, and Jose Garcia, 29, were taken into custody.

Garcia was booked on charges of possessing a controlled substance for sales and Sanchez was booked on charges of auto theft an committing a felony while out on bail.

Javier Ramos, 19, was later taken into custody on auto theft and receiving stolen property.

I know, I know. It's 2009. Who cares about 2008, that's the past, right? Well, this exercise was as much to satisfy my curiosity as it was to be informative, so I'm taking a look at what were the most popular items posted during the Crime & Courts Blog's inagural year. We launched in March, so this doesn't cover a whole year, but it was interesting to see from a statistical standpoint what you're reading. We don't get statistics on individual entries, only on the day. So these are the most popular days here in 2008, and what Larry and I wrote about.

1.) April 12: Larry broke news as it happened on an officer-involved shooting at an El Segundo movie theater, during which two officers and an innocent bystander were shot.

2.) April 30: A "Marine" was beaten in Redondo Beach and a reader wanted to know more about the suspect; a boy steals an SUV; follow up to Pick family's tragic murder-suicide in Torrance; questions arise about Councilwoman Janice Hahn giving money to gang members and workers trapped.

3.) April 29: Several updates about the Pick family as details began to come in while we reported them.

4.) May 1: A pick-up about Dennis Rodman being arrested; vigil for Tyler Pick; defendants testify in the Carson double murder of gas station clerks and Medal of Valor script and notes. 

5.) May 5: Follow-up on the El Segundo shooting and sentencing for Cristina Castaneda, who killed her four young passengers in a crash.

6.) Aug. 25: A new judge on American Idol; a bomb scare at the Manhattan Beach Target; would-be terrorist was sentenced; LAPD officer accidentally discharges weapon; former ILWU bookkeeper accused of embezzlement in court and Wilmington homicide suspect sought.

7.) Aug. 18: Follow-ups to former youth coach Barry Sacks charged for child molestation; woman kidnapped, raped and dumped in Redondo Beach; California crime artifacts on display at National Museum of Crime & Punishment in Washington D.C.; Torrance gang leader Ricky Sisneros convicted of weapons charges; Harbor-area neighborhood watch makes lunch for cops and activist Najee Ali gets prison.

8.) Oct. 15: Map and names for Ghost Town gang injunctions; TSA screener steals gadgets from luggage; Redondo Beach man wanted for stabbing girlfriend; lawsuit against God dismissed; Hermosa Beach man discovers his family in Northern California bbq'd his mother; prosthetic penis manufacturers sued in federal court and suspect sought in San Pedro kidnapping attempt.

9.) Sept. 8: Follow up on an attempted sexual assault at El Camino College; Redondo Beach Police crime blotter; comments to a previous entry about taggers in Redondo Beach and Carson; follow to a body found in an SUV in Hawthorne and Erwin Howard decides to take plea deal in former wife Julie "Deede" Keller's murder.

10.) Aug. 19: Barry Mosley convicted for three murders and other crimes; former South Bay gastroenterologist Mahendra Udani in court; child molester Wynford Murray arrested for failing to register and the Backpack Bomber bank robbers are arrested.

Here's to a great 2009. Happy New Year and thanks for reading!

 

 

Elvin Worthey Jr., who broke into a Torrance home and terrorized the resident who came home during the burglary, was not sentenced today as planned because the judge needed some time to read the prosecutor's sentencing brief. However, a "priors trial," where a judge is presented evidence about a convict's criminal past to determine if they are attributed to the right person for sentencing enhancements, was completed. Torrance Superior Court Judge Hector Guzman found Worthey, 26, did have prior convictions, state prison committments and strikes for attempted robbery, felony evading and auto theft.

While Worthey was not sentenced, Guzman did take a victim impact statement from his victim, which he can consider in determining the sentence. The victim said he testified about the things Worthey did to him - held a gun to his head execution-style, forced him under a bed, tied him up and stole family heirlooms - but he didn't get to previously say how all this made him feel. The bottom line is he will never feel safe again, and worries constantly about his family. Worthey listened to him speak, but seemed to be paying more attention to some family members in the audience.

He returns to court Jan. 13 for sentencing. I'll have a full story then.

Police will conduct a driving under the influence and driver's license checkpoint from 7:30 p.m. Friday to 3:30 a.m. Saturday on Pacific Coast Highway between Diamond and Vincent streets in Redondo Beach.

And, police officers will conduct a sobriety and driver's license checkpoint from 6:30 p.m. Saturday to 3:30 a.m. Sunday in the eastbound lanes of Rosecrans Avenue at Gramercy Place in Gardena.

An Iraq war veteran and his girlfriend were killed outside their Signal Hill home shortly aftermidnight Thursday.

Paul Eakins at the Press-Telegram reports on the deaths of Sarith Em, 25, and his girlfriend, Vannaly Tim, 24, who was the mother of a 5-year-old boy.