PROFILE

In my seven years at the Daily News, I've bounced from covering the toy industry to crime to just about everything in between, at least for a day or two. Now, I'm going to try to learn about the next part of the legal system: courts and the justice system. Since my prior experience is limited to one trial, a few bankruptcy stories and serving on jury duty twice, we'll see how things go. Come check in from time to time and tell me how I'm doing.

Gracias for your help and enjoy your trip.

E-mail the author.

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February 29, 2008

Blog trips up murder suspect

Jeez, I'm going to be more careful with what I post, now that I know the coppers are snooping around on things like this....
From the LA Times.

For a generation, LAPD homicide investigators kept alive the case of 28-year-old Japanese tourist Kazumi Miura, shot in the head on a featureless side street in the shadow of a Los Angeles urban icon: downtown's four-level freeway interchange.

For nearly three decades, they pursued her husband, Kazuyoshi, for the 1981 crime. But he remained beyond their reach, as Japanese authorities tried and convicted him of murder, only to see the case overturned. When the break finally came last week, it was the result of Miura's own Internet-fed self-promotion: a personal blog.

Since 2005, police had been monitoring postings by Miura, who had become an outsized Japanese personality because of media coverage of his alleged crimes.

Here's the whole deal.

Sorry for the delay

Sorry, court fans-- we've been a little distracted as of late at the office. I've still got two posts I need to write, I have no idea when I'll get to them, but my apologies for the delays and we'll be back in action (at least, very temporarily) soon.

February 26, 2008

Brother, can you spare $500 mil?

bogusnote.jpg If you're gonna go out, go big. Well, at least that's what Darrell Lee Johnson allegedly thought before the U.S. Immigration and Customs Enforcement hooked him up on Friday. The 78-year-old San Marino man stands accused of possessing and attempting to sell fictitious financial obligations, namely fake $500,000,000 bills.

The half-billion bills appeared to be Federal Reserve notes printed in 1934 and bearing the picture of Pres. William McKinley. The only problem is, the Bureau of Engraving and Printing didn't make notes of that denomination, not even close. The bills, used for transaction between Fed banks, only went up to $100,000 and weren't publicly circulated. Johnson and his confederates allegedly tried to trick investors into taking the notes by weathering them to make them appear older.

“You would think the half billion dollar denomination would be a dead give away that these notes are fake, but people are nevertheless taken in,” said Deputy Special Agent in Charge Jennifer Silliman, in an unusally funny press release. “For investors, the bottom line needs to be, if it sounds too good to be true, it probably is.”

ICE says it caught Johnson with close to 500 phony notes, both at home and at his Wilshire Boulevard office. It also grabbed his associates, Renato Gaza, a 60-year-old from San Diego and Dallas resident Victoria Hoffman, 48. Johnson appeared in federal court on Friday, when a judge set his bond at 100 grand (no word on whether he attempted to post it with a really old looking $100,000 bill).

Agents are still looking for anyone who got caught up in the scheme and would like 'em to call 1-866-DHS-2ICE with any info.

Oh yeah, the best part of this? Johnson's job: attorney-at-law. So, if he's guilty of his alleged crime (and, as always, he's innocent until proven otherwise), he really shoulda known better.

February 25, 2008

Alleged dynamite hoarder blasts off

I called Deputy DA Richard Quinones last week to check in on the People vs. Chorny, which was supposed to be getting underway soon. Here's a little refresher from our January 2005 archives before we get going.

LOS ANGELES Three men were charged Thursday with felony charges involving 50 pounds of unstable dynamite found at a San Fernando Valley warehouse.

Guy Fostersmith, 43, of Los Angeles; Arthur Chorny, 35, of Marina del Rey and James Wurth, 31, were charged with possession of a destructive device near a public area and possession of an explosive, the district attorney's office said in a statement. Fostersmith has two previous drug-related convictions, officials said.

The incident began Tuesday when police were called to an apartment after a resident found a package in his freezer that contained a stick of dynamite. An investigation led police Wednesday to a warehouse where they found about 70 sticks of dynamite and other allegedly stolen property.

Wurth once lived in the apartment where the dynamite was found, prosecutors said in a statement. Wurth was arrested Tuesday and the other two defendants, who ran an antique store at the warehouse, were arrested later the same day.

Authorities burned down part of the warehouse in the Van Nuys area after concluding that it was too dangerous to move the old, deteriorated dynamite. A portion of Interstate 405 was closed and train service in the area was suspended while the fire burned. About 50 people in the area also were evacuated.

In May 2006, Wurth pleaded out and the other two proceeded onward in the legal system.

VAN NUYS -- A Los Angeles man was sentenced Wednesday to three years in state prison and two other men were ordered to stand trial in connection with the discovery of unstable dynamite in a Van Nuys industrial building.

Van Nuys Superior Court Judge Elizabeth Lippitt imposed the prison term on James Wurth, 32, after he entered a no-contest plea to a felony count of possessing explosives.

The judge found sufficient evidence to allow the case against Wurth's co-defendants, Arthur Chorny, 36, of Marina del Rey, and Guy Fostersmith, 44, of Los Angeles, to proceed to trial.

Just when it looked like things were going to get underway for Chorny at the Van Nuys courthouse, he done r-u-n-n-o-f-t (that's ran off, for those of you who aren't fans of "O Brother Where Art Thou?"). Quinones called me this morning to share the news and the LA Superior Court press office confirmed that the judge issued a bench warrant to track down Mr. Chorny.

Now I'm being a little light here, I realized. He may have a perfectly legitimate reason for not showing up. But it'll be interesting to hear what he tells the judge when they find him and get him back into court, that's for sure. We'll keep you posted.

Juan Manuel Alvarez refuses to leave cell for Metrolink hearing

Here's an odd twist in the People vs. Alvarez. As he's scheduled to come to trial in the next month for allegedly intentionally derailing the Metrolink 100 as it made its way downtown on Jan. 26, 2005, Juan Manuel Alvarez isn't doing so well.

The Glendale News-Press broke the story on Friday. Rather than showing up for the hearing, Alvarez camped out in his cell and refused to show up.

We don’t know why he’s not here,” attorney Michael Belter told the paper. “He reports to us that he has had some problems upon his return. His cell has been tossed, sometimes his blankets have been soaked. In his mind, he feels it’s better for him to stay in his cell.”

I've got an e-mail into Tom Kielty, Belter's co-counsel, asking for some more details, so we'll see if he cares to chat. According to the story, Belter says Alvarez has been on suicide watch and spent additional time in the jail's mental clinic. Given the circumstances of his arrest, an alleged suicide attempt that killed 11 innocent people in the process, I suppose it's not surprising that he's still got some issues, but this one still caught me off guard. Stay tuned for more... .

Clinton supporter faces five years for illegal donations

Another dailynews.com wire service special....

A Northridge businessman pleaded guilty today to funneling tens of thousands of dollars in illegal campaign contributions to Sens. Hillary Clinton and Barbara Boxer.

Abdul Rehman Jinnah, 57, entered his plea to one count of making illegal campaign contributions during a 30-minute hearing before U.S. District Judge George King in downtown Los Angeles. He faces up to five years in federal prison and hundreds of thousands of dollars in fines when he is sentenced June 2.

Jinnah, wearing a black jacket and no tie, remained seated throughout the hearing because of health issues, according to his lawyer, Douglas Fuchs. Jinnah had collapsed at a previous court hearing after standing for a prolonged period of time, Fuchs said.

Jinnah told the court he takes medication for diabetes, high blood pressure and heart-related problems.

According to his 14-page plea agreement, Jinnah admitted to reimbursing employees, family members and friends for $53,000 in campaign contributions made in their names.

In so doing, Jinnah skirted a federal law that sets a $2,000 cap on individual contributions to candidates.

The contributions went to Clinton's political action committee and Boxer's 2004 re-election campaign.

Here's the whole thing.

Whenever this kind of thing happens, it's tempting to point fingers and call whomever received the tainted cash a bum. But whether it's Obama and Rezko or McCain and Keating, or Clinton and Norman Hsu, it comes up so often that it's difficult to find an unsullied candidate. In general, it seems like it's the campaign finance system that's the bum, but don't expect that to get thrown out anytime soon, unfortunately.

Dutton's closing-- now that's an injustice

When Doug Dutton closes the doors of his bookstore on April 30, the city will lose an absolute treasure. This doesn't have that much to do with court stuff, I know, but I wanted to offer thoughts from my little pulpit while I had the chance while I'm on my lunch break.

Dutton's was the first bookstore I visited where I felt like a real adult. I went there in college with a very cultured older friend and immediately fell in love with the place. Its weird layout, its cafe, its boundlessly knowledgeable staff. There was seemingly nothing they couldn't find or didn't know. On that first trip, I bought my first book by a man who'd become one of my heroes, Richard Halliburton. When I got "The Royal Road to Romance" home, I knew I'd be back to Dutton's again and again.

And indeed, I did. Whether I needed Raymond Chandler or Michael Chabon, Dutton's never let me down. After his brother, Dave, shuttered his North Hollywood shop of the same name a few years back, I became an even more frequent patron. I didn't care if Barnes and Noble or Borders had cheaper rates, I kept going back for the pleasure of walking through the aisles. Plenty of times, I ran in five minutes before closing, not only to find the one book I wanted, but several others I didn't even know I couldn't live without. In my geekier moments, I dreamed what it would be like to do a book signing there.

Dammit, I even went there for my reporters' notebooks.

Last summer, Dutton's gave me one of my fondest literary memories when the latest Harry Potter book came out. My wife and I reserved a copy and showed up for the midnight release party, arriving fifteen minutes after they started handing out the highly-coveted books. And, man, what a scene.

Kids were walking down the street with their parents, dressed in costume. Adults were wandering back to their cars, so hungry for the first chapter that they read as they walked. Teenagers wore witch garb, twenty-somethings toted Gryffindor scarves and a man in a wizard hat sat, absolutely wrapped up in his book, out front, completely unaware of anything except for the text.

We got our copy and drove a few miles to Cafe 50's, where we found several other tables full of similarly dorky groups, all chewing through the pages. Over milkshakes and fries, Rebecca and I sat side-by-side and took in the first chapter. It was one of those moments that just made you feel good to be alive.

Dutton's wasn't the only one to have such an event-- there were gazillions of 'em across the world. But there, you always felt at home, whether you were reading Harry Potter or James Bond. I never felt embarrassed to ask for anything, because they'd know what I wanted and, often times, had read the book themselves. Stores like that are getting rarer by the week and each time one of them closes up, they're gone forever.

So thank you, Mr. Dutton, and to all the people who made that place what it was. You will be sorely, sorely missed and the literary world, the city and poor little me (in descending order of importance) will be far poorer as a result.

(Thanks to Kevin at LA Observed for sharing the sad news and ruining my day)

Hedge fund hijinks

From dailynews.com, we've got this story about two local gents who swindled investors out of $2.5 million. That's a lot of money, even in the hedge fund world.

The founder of an investment company and an ex- securities broker are set to be sentenced today for their roles in a hedge fund fraud that bilked at least $2.5 million from investors.

Keith Gilabert, 36, of Valencia, and Justin Paperny, 32, of Studio City, are scheduled to be sentenced in separate hearings this morning before U.S. District Judge Stephen Wilson in downtown Los Angeles.

Gilabert, who operated a company called Capital Management Group, pleaded guilty in June 2006 to conspiracy to commit mail fraud, wire fraud and securities fraud. He faces up to five years in federal prison.

In his plea agreement, Gilabert admitted operating a fraudulent hedge fund called GLT Venture Fund and lying to investors in an effort to persuade them to invest in it.

From September 2000 to January 2005, Gilabert collected millions of dollars from more than 40 clients, concealing he lost most of the money and misappropriated much of the rest.

Courtesy of a wire service, here's the rest.

Madonna pulls jury duty

This will probably be the last time you'll ever see me posting off a TMZ story, but a colleague passed this along and it's pretty funny.

Madonna, it seems, has jury duty. The gossip site tells us that she showed up for court wearing a Juicy Couture track suit (locally designed in Pacoima, baby) and sipping some Starbucks. I don't know if that passes for the business attire that the Los Angeles Superior Court requires, but, given her other choices of attire, I suppose that's a good choice.

Something tells me the attorneys will challenge her off any jury, but who knows, she may treat her fellow citizens to a little rendition of "Love Makes the World Go Round" as they prepare to render their verdict....

Don't judge a man 'til you've been standin' in his shoes
You know that we're all so quick to look away
'Cause it's the easy thing to do
You know that what I say is true

(Thanks to Val Kuklenski for the tip on this one)

Murder, 27 years later

Man, this reads like something out of a detective novel, but no, dear readers, it's very true.

Kazuyoshi Miura, 60, was planning a relaxing vacation in Saipan last Thursday. When he stepped off the plane, he didn't enjoy some mangoes, Levi's jeans or a bad Tom Clancy novel, all of which are connected to the US Commonwealth. Instead, authorities greeted Mr. Miura with an arrest warrant.

More than a quarter century after he allegedly murdered his wife, Kazumi, in downtown Los Angeles, the LAPD's cold case unit caught up with Miura. They've been waiting for him to leave his native Japan and set foot on American soil since 1981, and, acting on a tip, caught him in Saipan. They're discussing his arrest in a press conference right now. He faces murder and conspiracy charges.

The Times did a good story on this on Saturday, but, alas, their Web site is clunky and the only mention of the story now is a correction of the spelling of Kazumi Miura's name. So, instead, check out the Yomiuri Shimbun version instead.

Looks like even after all this time, Mr. Miura is in some pretty hot water. A court denied him bail and Japan is considering handing him over, even though he's already been acquitted on the charges there.

February 21, 2008

My apologies

I got a call today from Christopher Simons' aunt, who was quite upset about yesterday's story about the Wheeler sentence. She didn't like that I referred to the fact that her nephew was working in an adult gift store and referred to him as "a sex shop clerk," which she felt was insulting.

I hate situations like this, because I can't deny anything she said. On one hand, the term is true. That's how the DA's office initially described the killing and Santa Clarita Gifts indeed sells sex toys. From the earlier material I read, it sounds like the products played into Mr. Wheeler's tragic choice of targets, so I felt like it was relevant to the story.

But let me say this, to the entire Simons family: I apologize for any stain on Christopher's memory. He was brutally killed by a disturbed man and he should not be remembered solely based on his job. I know you've suffered terribly in the past three years and regret any role in prolonging your heartache. If you, or anyone else who knew Mr. Simons, would like to leave remembrances about who he was, I'd like to share his legacy beyond just the senseless way he died.

February 20, 2008

Murderer gets double life, plus another hundred in the pen

Man, there's no let-up in stories today...
Robert Joel Wheeler's crazy shooting spree landed him in prison for a very long, long time.

SAN FERNANDO - Robert Joel Wheeler's shooting spree that left a sex shop clerk dead and two men seriously wounded got him two life sentences in prison, plus an additional 100 years, when a judge sentenced him today.

On New Year's Day 2005, the 28-year-old Oregon man browsed Santa Clarita Gifts in Canyon Country, picked out an item, and shot Christopher Simons in the face with a rifle. Fifteen minutes later, Wheeler came back and killed the seriously wounded Simons with a second shot.

He then took a tour of Santa Clarita, shooting Randall Price twice in the back behind an Albertsons supermarket. Wheeler then continued onto Alan Stearns' house, where he attempted to break in.

When Stearns chased after him to take down the license number of his van, Wheeler shot the homeowner once in the back. He drove around for awhile, ran out of gas and called 911, which led sheriff's deputies to arrest him.

He pleaded guilty Feb. 1 to one count of first-degree murder and two of attempted murder, also admitting to the use of a firearm allegations.

After hearing from Simons' parents and Stearns, Judge Ronald S. Coen gave Wheeler close to the maximum sentence. Prosecutors did not seek the death penalty and Wheeler did not plead guilty to special circumstances that would have made him eligible for life without possiblity of parole.

Thanks for the feedback, dear reader

Michael Griffin didn't care for my Omar Sharif story. He emailed this kindly missive to share his displeasure.

You gotta be kidding........ you dug up a 3 year old case just to get printed?

Get a life.... get a real job.

The illegal alien valet would probably have made more money in euros had he been smart enough to count.

Normally, I try to respond kindly and civilly to all our readers, no matter how much I disagree with their sentiment. Today, however, I don't feel like it. I'm sick of people's rude comments and how they use every story to bash immigrants, legal or otherwise. So, in my lame little "I'm mad as hell and I'm not gonna take it anymore" moment, I wrote back.

Dear Mr. Griffin,

Thank you so much for taking the time to carefully read the article
and offer such constructive criticism. I guess you missed the news
that this court ruling came down this week (the justice system moves
rather slowly), and that Mr. Anderson is not an illegal alien. Since
you paid attention to the facts so carefully, I won't take your
personal attacks upon me seriously.

Have a lovely day and if you'd like to talk more, please give me a
call at 818-713-3738.

Cheers,
Brent

This is bad form, I know. My mom would be appalled, because if you respond to a bully, then you only give them strength, right? Well, then I fell into the trap and shame on me.

No, better yet, shame on Mr. Griffin.

Angry actor leaves valet $318,000 tip after dumb racial slur

Physician, heal thy temper. Omar Sharif, famed for his work as "Doctor Zhivago" and skills at the bridge table, now finds himself on the hook for a $318,190 legal bill after punching valet Juan Anderson and calling him a "dumb Mexican."

Well, Mr. Anderson's not Mexican, nor is he dumb. Mr. Sharif may be feeling like it, however, when it comes time to pay. Here's the story I just posted on dailynews.com:

Omar Sharif's attempt to duck out on his valet parking bill cost him more than $318,000.

The suave star of "Doctor Zhivago" and "Lawrence of Arabia" had just polished off dinner at Mastro's Steakhouse in June 2005 when valet Juan Anderson brought him his car.

Sharif tried to pay in euros, which Anderson pointed out were not valid currency in America.

Sharif did not take well to the valet's suggestion, punched him in the head and called him "a stupid Mexican." Anderson, a Guatemalan national in the process of becoming an American citizen, took umbrage and filed suit.

After a one-day trial Tuesday, Los Angeles Superior Court Judge Joe W. Hilberman found in favor of the roughed-up valet and awarded him $318,190. Sharif, representing himself, didn't show up.

"It's a bizarre case," said John Carpenter, Anderson's attorney. "After Omar Sharif punched my client, he hopped in the car and tried to escape."

A Mastro's doorman called the cops and told the actor and professional bridge player to wait, according to court documents. Sharif allegedly proffered a bribe - in dollars this time - and took off.

"Although Mr. Sharif successfully fled the scene of his hate crime that night, he was unable to flee the long arm of the law for long," Carpenter wrote in his brief to the court.

Sharif, 75, has since pled no contest to beating Anderson and is awaiting sentencing.

He retained Martin Singer to defend him, then fired the famed celebrity lawyer before the trial began. Singer was unavailable for comment today.

Anderson, 46, who was making $6.75 an hour, plus tips, plans to keep his job at Mastro's.

"I used to wait tables - people in the service industry try their best to help people," Carpenter said. "When they're treated like garbage, it's very hurtful. We don't know if this will ever be paid, but at least the judgment gives him some comfort."

Murder charge for Ma in dead baby case

I dropped the ball on this, so we had to take wire in this awful case. A jury found Jeanne Ma guilty of second degree murder today after she left her newborn baby in an alley behind her home in 2004.
A 21-year-old Pacoima woman was convicted today of murder and assault for suffocating her newborn daughter after giving birth at home in November 2004.

The seven-woman, five-man jury deliberated for two days before finding Jeanne Hofer Ma guilty of second-degree murder and assault on a child causing death.

The jury will return Friday for the trial's sanity phase and eventually will try to determine if Ma was legally sane at the time of the crime.

In her closing argument, Deputy District Attorney Ronda Brody told jurors Ma was worried her brother would kick her out of the house, so she "intentionally placed her palm over the nose and mouth of the baby" until the infant stopped breathing on Nov. 10, 2004.

"The newborn baby can't kick and struggle to get the hand off her face," the prosecutor said. " ... The only reason this baby died - this healthy, alive baby - was because she was asphyxiated."

Defense attorney Alan Eisner had asked the panel to consider the lesser charges of involuntary manslaughter and assault causing great bodily injury.

He noted that three mental health experts have concluded Ma, then a student at Grant High School in Valley Glen, "had a break from reality."

"They're clear about her mental impairment. ... She did not have the mental state that the (prosecution is) alleging," Eisner said. "This young person is not going to trick two psychiatrists and one psychologist."

Ma, who pleaded not guilty by reason of insanity, initially told her boyfriend and others that the baby was born dead, and concealed evidence that the infant had been born alive in a bathroom at the home where she was living with her older brother, Brody said.

She was arrested after going to Providence St. Joseph Medical Center in Burbank to seek medical treatment following the baby's birth. The infant was found dead in a trash can behind her home.

Man, how awful for everyone. My heart goes out to the family

Weighing in at 130 pounds, with a mean left hook, a badge and a Sig Sauer, CHUUUU-PAAAA-CAAA-BBBBRA

And the award for best press release of the week goes to FBI spokeswoman Laura Eimiller, who sent out this gem. ... We get pitches by the dozen daily and they're normally very, very boring-- especially those relating to law enforcement and the legal system. But in this case, Ms. Eimiller outdid herself:

FBI Los Angeles' very own Supervisory Special Agent Carlos Narro will be representing the FBI tonight in a boxing match to be held in Long Beach, California. Carlos "Chupacabra" Narro, aka "The FBI Kid," will be boxing a deputy from the Orange County Sheriff's Department in the 130 lbs. category. There are two additional bouts as follows:

* Dave "Knockout" Apodoca of LASD vs. Dustin "The Nosebleeder" Ciscel of Anaheim PD (185 lbs.)
* Armando "The Hitman" Guzman of LASD vs. George "The Argentinean Olympian" Lopez of LAPD (185lbs.)

The match will be held from 5:00pm to 7:00pm at the Long Beach Convention Center - "Hall C" and Carlos will fighting in the main event.

Long Beach Convention Center is located at 300 East Ocean Boulevard, Long Beach, California 90802
HALL C - Enter off Shoreline Drive on the Arena Side

Carlos, a veteran FBI agent who supervises a squad in the Los Angeles Field Office, is a back-up spokesman for the FBI, primarily for Spanish-language media outlets. Originally from New York City, Carlos's lifelong dream will be fulfilled tonight when he boxes in front of a crowd of his fans, FBI friends and his family, cheering him on.

I'm not a boxing fan, this has absolutely no connection to the Valley and is only tangentially related to this blog's focus, but I thought this was hilarious.

February 19, 2008

That communist rag?

Oh, if only I had a ruble for every time I heard someone tell me that they prefer the Daily News to the Times, because the latter is "a communist paper." After I get over the shudders, I have to laugh and wonder if they're on the lookout for visionaries, ne’er do wells, parlor pinks, reds, hyphenates, soft handed agriculturalists and working men who have never seen a shovel (to borrow a wonderful phrase from the Wall Street Journal), as well.

And after all that snickering on my part, it turns out they're right. Thanks to the always timely, always interesting Mr. Harnisch, the Daily Mirror republishes this awesome article, courtesy of Times freelancer Fidel Castro. Under his byline, where you might expect to see something like "staff writer" or "correspondent," he's listed as "Premier of Cuba."

Mr. Castro promises "I am not a dictator and I do not think I will become one. I will not maintain power with a machine gun."

He's not a bad writer, in terms of rhetoric, but he seems to have a bit of a disconnect with reality.

"And when the people decide they do not want me, I will step down," he says in his closing.

Well, I guess that now, nearly 50 years later, he thinks the people have spoken. And, whattya know, the Times is all over it. Commies.

Marie Sabe's family keeps fighting

When Ron Berman called me with this story, it sounded too far-fetched to be true. How could a woman get stabbed nearly to death a year ago, with seemingly no notice at all. He'd seen our piece on the Santos killing and saw some similarities to Marie Sabe's story.

But there was one big difference -- when Sharon Santos disappeared there was a huge outcry. We wrote many stories, her company offered a reward and there was general uproar. When Marie Sabe got stabbed 12 times at First Assembly Church of God, there was nothing. No LAPD press release, no word from the district attorney. We didn't even write a brief.

And who knows why? Perhaps the North Hollywood station was particularly busy that day and didn't give priority to spreading the word. They did their main job just fine, catching and arresting Bobby Miranda and finding enough evidence to bring him to trial. Maybe since it was just attempted murder at the time, the DA's press office didn't think it was high profile enough to highlight its prosecution. On our end, we were probably running after other stories, missed the scanner chatter and didn't get anything when we did our daily cop checks.

Whatever the case, after Sabe died of complications of her wounds in November, her loved ones vowed not to give up. They didn't want her death to go unnoticed, so they sued the church for allowing a known felon to live there without notice to the people who worked and prayed there. And that leads us to today's story. Here's the top for you:

NORTH HOLLYWOOD - Even in a house of God, Marie Sabe wasn't safe.

It was a Monday, just a regular day at work. She was wandering peacefully back to her office when Bobby Miranda surprised her.

She was tall and pretty; an earthy, healthy blonde working for a Christian record label renting space at First Assembly Church of God.

He was a convicted murderer, robber and rapist, seeking refuge at the church after earning parole a little more than a year earlier.

She knew the big man with the tattoo on his face, and had even loaned him money a few weeks earlier. He flashed the cash, then pushed her into his room.

"I want to show you something," he growled, according to court testimony. "Be quiet."

He produced a dirty, 4-inch kitchen knife. Over and over, he plunged it into her chest.

"I screamed for help," Sabe later testified. "I screamed my boss's name and I was beaten and stabbed and slashed practically to death."

It's been a year since the savage attack. Sabe is now dead, Miranda is in prison and Sabe's family has filed a civil suit for negligence against the church and its pastors for failing to notify her that there was a killer living on the grounds.

As we've explored before, this is a tricky legal situation. As Hans and I were discussing the other day, churches are usually a place where the downtrodden can go to seek refuge. Miranda, a two-time felon and sex offender, was certainly downtrodden.

But, as family attorney Bill McCord points out, that doesn't mean he should be absolved of his past sins.

"There's a conflict of laudable objectives," McCord said. "You can't fault the folks at the church for wanting to rehabilitate and save a soul. On the other hand, they have a responsibility to innocents in the zone of harm: they have to make sure they're not injured."

It's a fascinating problem, one for which I certainly don't have the solution. You can't just stick all the ex-cons on an island out in the middle of the ocean and leave them to their own devices. With our justice system, they've got to be allowed a shot at re-entering society and starting anew. Tragically, Mr. Miranda repeatedly proved he wasn't up to the task, but how could the church have known that at the time?

Berman's argument makes sense: that the church shouldn't be barred from helping people, but that it should disclose with whom it's working to the other folks who'll be impacted. But, as we've seen in the past, especially with sex offenders, people get rightfully uncomfortable with having ex-cons in their midst.

I'm very curious to see how this will play out, because of the precedent it could set for other churches and places of rehabilitation. In Miranda's case, he failed to take responsibility for getting himself straight, but I'm sure there are plenty of felons who sincerely want to put their past crimes behind them and move on with their lives. When they can't turn to a church or an aid group because people don't want it in their community, those ex-cons will be further marginalized and stand a greater chance of returning to their lives of crime.

But that's an issue for the scholars and the courts to fight about and resolve. In the meantime, I'm just glad to be able to share Sabe's story with you. It's been too long in coming, but at least people finally know what happened.

February 18, 2008

Local boy does good. Really good.

reyes.jpg Forgive the bad grammar in the headline, but 'local boy does well' just doesn't sound right. Whatever form it takes, it's definitely apt for Sean Reyes.

He grew up in Canoga Park, went off to UC Berkeley Boalt Hall School of law and just won the American Bar Association's National Outstanding Young Lawyer Award. In looking over his resume and talking to him, I can see why the ABA was so wowed by his work. Reyes gave me a holler on Friday and we crammed his career into 30 minutes that seemed to just scratch the top of his accomplishments.

It all started with his dad, he said, an independent filmmaker from the Philippines who fiercely insisted on making movies on his own terms. That didn't always go so smoothly.

"He got sued so much, I thought, 'I would love to represent him one day. I want to help defend him,'" Reyes said.

After graduating from Canoga Park High in 1989, he went off to BYU before taking a two-year Mormon mission. While his friends went all over the world, he ended up in Chicago before returning to finish his degree. Then it was off to Boalt.

Reyes ended up at Parsons Behle & Latimer, a large corporate law firm where he's now a partner.

"I had a lot of friends from Berkeley making fun of me: 'What the heck! No one's out there, what are you going to do in Utah?'" he said. "Then a lot of them followed me out."

I think we all went to high school with someone like him, the kind who was the ASB president, yearbook editor, captain of the football team, valedictorian and homecoming king, all at the same time. In addition to his regular law practice, he served on Utah's Third District Judicial Nominating Commission, as committee chair, officer and member of the executive council for the Young Lawyers Division of the Utah bar and as liaison to the Utah Supreme Court's Committee on Standards & Professionalism. He also became a Mormon bishop at 31.

And on top of all that, he played an active role in the Utah Minority Bar Association, helping organize a tribute to the first 50 Minority Attorneys in Utah. That helped raise money for scholarships and allowing the organization to mentor and place students with law firms, molding the next generation of Sean Reyeses.

"My biggest thing is giving them lots of confidence. They can do it. They've got people to support them," he said. "But they've got to work their butts off and perform, too."

All in all, an interesting character -- and he's only 36. I wish I'd had more time to chat with him, but he agreed to answer my pestersome questions about the law in the future, so we probably haven't seen the last of Mr. Reyes. Stay tuned for more to come...

"I'm a Cali boy, but as an adopted son of Utah, I'm part of the new Utah," he said. "It's a lot more diverse than it used to be. To represent Utah, the LDS community, my family, my law firm, and everything else, it's gratifying to portray something different than what people have in mind."

The 1,200-mile assault

Rick has got a great one today about SWATting, where pranksters use cybertrickery to send out SWAT teams to scare the beejeezus out of unsuspecting homeowners. Here, I'll let him lead it off...

He told the 911 dispatcher he had killed someone in the house and more bloodshed would follow.

When SWAT units responded to the Southern California home from where the dispatcher thought the call originated, they confronted a man with a weapon and readied their assault rifles.

But unlike this month's Winnetka SWAT standoff - in which Edwin Rivera killed his father, two brothers and LAPD Officer Randal Simmons - this man was innocent, and no tragedy had occurred.

It was all a joke.

Randal Ellis, 19, who lived 1,200 miles away in Washington state, used a computer to trick the 911 dispatcher into believing the "emergency" was inside a home in Orange County, prosecutors allege.

It's all fun and games until someone gets blown away by an AR-15, right? And I don't suppose it's real cheap to wake up the D-team and send them charging across town in hot pursuit of your dumb joke, either.

Further down, I noticed an interesting legal argument... .

In the Orange County case, Ellis is facing five felony counts and one misdemeanor for the March incident, including computer fraud, assault with a machine gun and false imprisonment by violence, Emami said.

The last two charges offer a novel prosecution strategy for a crime that doesn't have much precedence. Prosecutors will argue Ellis is guilty of both crimes "by proxy," meaning that because of his actions, the responding officers acted, in effect, as an agent for him.

"Even though the defendant wasn't actually there in Lake Forest pointing weapons at them, he was directly responsible for what happened to these victims," Emami said.

Ellis has pleaded not guilty to all charges, and his attorney, Ron Brower, said he disagrees with the D.A.'s "proxy" argument and will ask that those charges be dropped.

"It's our legal opinion that the law does not support that kind of assault by proxy or that vicarious liability," Brower said.

Now the proxy angle's pretty interesting. It's like the prosecutors are saying Ellis is the puppetmaster here, directing the cops to show up with their rifles against their will. And that makes sense on one hand, but how far does this hold up?

This ended safely enough, with no one getting hurt. But suppose this was a different homeowner, freaked out that there's all these guys running around in black jumpsuits with rifles in his front yard, grabs a gun. Maybe he's a gun enthusiast and he thinks this is Ruby Ridge all over again. The cops, who've been warned that there's a crazy man inside, see someone running around with a strap. One side sees the other, someone gets antsy, a trigger gets pulled and pretty soon, someone's fun little prank turns into an epic gun battle. Cops die, the homeowner gets shot up, the neighbors' houses catch on fire-- it's not that hard to imagine.

So when it's all sorted out, how far can they extend this proxy charge? Is the caller then guilty of murder, by causing the cops to show up, instilling legitimate fear in the homeowner and setting off a blow-up that didn't have to happen? I guess that would be up to a jury, but could they even be charged with it? It looks like they could. I wonder if this works for lo-tech means, as well. If you trick someone into committing a crime for what they thought were legitimate reasons (self-defense, for example), can they avoid the charges and you end up the defendant. It seems you would _ and should.

This is weird stuff, friends, very weird, something you'd expect in a Morgan Freeman/Ashley Judd thriller, rather than here in the Daily News. Nice work, Rick, glad you brought it to light.

Don't do the crime if you can't do the extra time

Our downtown rivals had an interesting piece over the weekend about disarray in the way the state prison system releases people who've served their time.

SACRAMENTO -- The counselor at Salinas Valley State Prison paid a surprise visit to Nicholas Shearin's cell with good news: He would go home in two days, after a decade behind bars.

She did not mention that he should have been freed eight months earlier.

Shearin was among as many as 33,000 state inmates whose sentences may have been wrong because they were not given all the time off they earned for good behavior and for working in prison.

Records obtained by The Times show that in August, the state sampled some inmate cases and discovered that in more than half -- 354 of 679 -- the offenders were set to remain in prison a combined 104 years too long. Fifty-nine of those prisoners, including Shearin, had already overstayed and were subsequently released after serving a total of 20 years too many, an average of four months each.

Shearin, 38, who is living with his parents in Hawthorne and looking for a job, went to prison for armed robbery. He received less than a third of the good-behavior credit he was due on a second crime, assaulting another inmate.

Shearin said he had told the corrections staff that he was entitled to more time off his sentence.

"I argued that point," he said. "I put in all the paperwork."

But "they did what they wanted to do at the Department of Corrections," said Shearin, who learned from a reporter that he had stayed in prison too long. "They just told me no."

For more, read the whole thing. This is serious stuff, too-- in addition to being completely unfair, it's not cheap to keep those folks locked up. The Times says it'll cost the state $44 million through the end of the fiscal year. And, if those prisoners start figuring out that they were walking the yard weeks after they would be supposed to be on their way, you think some might ring up their local attorneys at law?

Nice work by Mr. Rothfield on that one-- we'll keep an eye out to see if any reform follows.

And, as I was tripping around the Times not-very-search-friendly Web site (I found a 1990 article on Scientology and an abstract about porn star Savannah's suicide, but not that piece until I found an AP rewrite on our site that gave me the relevant terms I could search over at their site), I ran across another thought-provoking piece.

SACRAMENTO -- Three years after state officials promised to fix California's troubled juvenile prisons, advocates for incarcerated youths are urging a judge to appoint a receiver to take over a system they say remains tragically broken.

The plea came in a filing last week from lawyers who had settled with the state after suing to transform institutions they said treated children as hardened criminals without regard for their welfare. They contend that the state's Division of Juvenile Justice has missed dozens of court-ordered deadlines for change dating to 2005, making "a mockery of compliance" in six areas: education, safety, medical care, mental health, disabilities and sex-offender treatment.

Sara Norman, a lawyer with the nonprofit Prison Law Office, said in a filing before Superior Court Judge Jon S. Tigar in Alameda County that the state bureaucracy was incapable of reform. She compared the situation with the one faced by U.S. District Judge Thelton Henderson, who in 2006 appointed a receiver to oversee medical care for adult prisoners.

The juvenile justice division's "failures are pervasive, severe and chronic," the brief says. "They impact the lives of youth throughout the system in every area of court-ordered reform.

"Youth on suicide watch are isolated and deprived of programming and human contact. Youth in restricted programs spend 20 hours or more a day in their filthy, dimly lit cells, released only for one hour of school a day or to exercise in a cage."

Read on here if you'd like. Now I realize that kids in prison aren't as popular as kids in pre-calculus, but let's think about this a bit. If the juvie system's that bad, are we really helping stave off future violence? Or are we just incubating people who will graduate to real, grown-up prison once they're out and re-offending?

Alright, that's enough question marks for one post. If any of you, dear readers, have answers to those or any other questions, please share.

Dadgummit!

I was looking at the number of posts in the last few days and I was downright embarrassed. The constraints of the court-animal-baby-Hollywood street folks (more to come on that later) have kept me sadly ensnared. But today, ironically when the courthouse is closed, I'm hoping to get back on track. Stay tuned.

February 15, 2008

The legality of love

Rather than hanging around the criminal court, I went next door yesterday to check out the married and soon-to-be unmarried lives. We were hoping to find someone actually filing for divorce, to see if it was joyous ("He was cheating on me and I'm out of here!") or jerky ("I wanted her to always remember this day!"). But, since the five filers (it's not a big divorce day, that comes later) did so when I was elsewhere, the angle had to change. So we got this:

VAN NUYS - For Valentine's Day, Edgar J. Gutierrez buttoned up a black dress shirt, took the hand of Jessica Sanchez and got himself married.

The 19-year-old Van Nuys man had dated the UCLA math major for three years and got engaged last month. They'd made it through good times and bad, so why not make it official on what some consider the most romantic day of the year?

"I just hope things work out and it'll be like the first three years," Sanchez said, holding her betrothed's hand in the waiting room at the Los Angeles County Registrar/Recorder's Office in Van Nuys.

"Yeah, hopefully, we won't get divorced," Gutierrez said, smiling.

If so, they certainly wouldn't be the first. For all the happy couples cooing "I love you" on Valentine's Day, there are plenty who utter less printable phrases not far away.

On the same day the county brought in extra clerks to handle the rush of new nuptials, five sad souls filed for divorce only yards away at Los Angeles Superior Court.

If you're into this kind of thing (and judging by the hits and the one comment, not many of you are), click here. It was a good idea, but, alas, I couldn't pull it off.

Kristina Ripatti beats the odds again

Back in my It's a Crime days, I had the pleasure of working with Hans Gutknecht on a series on LAPD Officers Kristina Ripatti and Tim Pearce. She was shot and paralyzed stopping an armed robber in South LA back in June of 2006 and we watched them rebuild their lives together.

We found ourselves back out with them on Wednesday for a very different, very joyous reason. Here's the beginning:

TORRANCE - The doctors and nurses gathered around Kristina Ripatti, waiting and hoping for a miracle.

As a retired police officer, she'd spent plenty of time in hospitals in the past year and a half, recovering from a bullet to the spine suffered in the line of duty.

This was different. She could feel nothing below her chest and her once powerful body was limp.

"Push!" the doctor growled.

They had a scalpel and a suction machine at the ready in case something went wrong.

Ripatti bore down with all the force she could in her abdomen. Long dormant muscles began to work. A tiny head appeared.

At 4:37 p.m. today, the paralyzed ex-cop gave birth to a blue-eyed, black-haired, 5-pound-8-ounce, 19-inch, healthy baby. Nurses swabbed and swaddled him and the family went back up to her private room at the Little Company of Mary Hospital.

Check out the rest here. I wish I could go into more detail, but deadline's got me caught up right now. I can tell you, however, that there's never been work I've been prouder to do in my career than this series. It may not be my best work, it may be too long, I might have been able to tell it better if I had more (or less), but I can truly say that this was a story that mattered. I hope you'll enjoy it, as well.

A distracted blogger returns

Hey folks-- I've been out of the office on stories the last few days and have neglected the blog. My apologies and I'll get some more stuff up soon.

In the meantime, divert yourselves with David Simon's take on the news business. As we were discussing just the other day, industry conditionsare lousy, and that ain't a good thing for the legal system.

Simon says:
Yet here were the veterans -- the labor reporter, the courthouse maven, the poverty-beat specialist, the second medical beat guy and the prisons and corrections aficionado -- damned if they weren't walking out the door forever. There would be fresh hires, and some serious players would remain, of course. But no longer would it be practical to argue that newspapers were going to become more comprehensive, and better written -- the product of experienced and committed people for whom print journalism was a life's calling.
.

Yeah, this isn't an upbeat day for news. Stay tuned, I'll be back with more posts soon.

February 12, 2008

Darn you, Abraham Lincoln

Dear readers, I have let you down once again. Yesterday, it was the cows, now it's the inconvenient fact that today's Lincoln's birthday. As such, the courthouse is closed, no one's around and my calls are going unreturned. So, tragically, no law stories for the blog today.

By way of diversion, however, check out our 16th president in the Lawyer Hall of Fame. Rather than bringing with him a degree from a fancy law school, he had a mere year of formal schooling. Had he not taken that inconvenient detour of becoming the president, Great Emancipator, martyr and face of the penny, sounds like he would have been a pretty famous lawyer.

And, if you're into Lincoln law (as opposed to Lincoln lunches), here's more than you could ever ask for at AbrahamLincolnOnline.org. Happy reading.

As a final, random thought, I met a Lincoln impersonator once at a funeral, of all places. He was out of uniform, but the 19th century beard was a bit of a giveaway, so he started chatting about how he was really into Lincoln and had been goaded into dressing up like him by friends. After several years of appearing at parties and school events, he'd even looked into his family tree to see if his resemblance to the president turned out to be familial.

And, of course, who did his ancestor turn out to be? That's right, friends, John Wilkes Booth.

February 11, 2008

Writing 'til the cows come home

You know how the USMC says "every Marine is a rifleman?" Well, we joke that every reporter is a GA around here. So, while I'm the courts guy at the moment, I got pressed into service to write this:

SYLMAR -- Wandering livestock turned city employees into impromptu cowboys today when barnyard animals took a late-morning stroll through a broken fence.

Around 11:30 a.m., the Los Angeles Fire Department responded to call of the wayward creatures hanging around Wheeler Avenue and Herron Streets. They'd made their way through a downed fence and turned the neighborhood into an all-you-can-eat spread.

"I can't get over the pictures," chortled spokeswoman d'Lisa Davies. "It was two bulls, two horses and a goat from a private residence... the animals were just grazing in the neighborhood."

The Department of Animal Regulation responded to wrangle the stock, then the Department of Transportation provided backup to keep the streets clear. By 2 p.m., they had a plan in place, herded the animals back to their pens and re-erected the fence within half an hour.

"That used to happen quite often," chuckled Rev. Zedar Broadous, a long-time Northeast San Fernando Valley resident, who works nearby. "I remember driving down Glenoaks one time, talking to someone. I told them, 'I swear I'm not drunk, but there's a horse running down the street.' I grew up around here, so I'm used to it."

So no more courts news for you today, dear readers, but I'll be back in Van Nuys tomorrow morning. Stay tuned, same bat time, same bat blog.

Ritter trial kicks off

Beloved character actor John Ritter died while taping "8 Simple Rules," but his family feels he didn't have to. They're suing two of the doctors who treated him for 67 million bucks, giving us the story below.

GLENDALE - Opening statements are scheduled today in the trial of a $67 million wrongful death suit by the family of comic actor John Ritter against two doctors.

The civil suit was originally filed on Sept. 3, 2004, in Los Angeles Superior Court against the Providence Saint Joseph Medical Center, the Burbank Emergency Medical Group and several doctors. It was transferred to the Glendale courthouse three months later.

The suit was brought on behalf of Ritter's widow, actress Amy Yasbeck; their daughter Stella; and Ritter's children from his first marriage to Nancy Morgan: Carly, Tyler, and Jason.

The family has already received more than $14 million in settlements, including $9.4 million from the hospital, where Ritter died, according to the Los Angeles Times.

The current trial will deal with the care Ritter received from radiologist Matthew Lotysch, who interpreted the results of a body scan the actor had in 2001, and cardiologist Joseph Lee, who treated him the night he died.

Ritter was taping ABC's "8 Simple Rules for Dating My Teenage Daughter" when he fell ill on Sept. 11, 2003. The 54-year-old actor was taken to Providence Saint Joseph's -- across the street from the Burbank studio -- at about 6:10 p.m. that day, complaining of "chest pain and tightness, nausea, vomiting and dizziness," the suit states.

For the rest of the story about the late Jack Tripper, click here.

More Amor -- the bigger look at MySpace hacking

After a quick hit on the Amor Hilton story a few weeks ago, we came back with a somewhat more in-depth piece on MySpace hacking today. I'll admit it's not my best work, but, hopefully, it's a good reminder that this isn't just harmless kids' stuff.

It starts off innocently enough.

A probe launched from a laptop in a coffee shop or a spare bedroom. Hackers find a pretty girl or a popular guy goofing around with friends on MySpace or Facebook.

But the hackers don't just click and watch - they invite themselves into the youths' online world and make themselves at home. And whether by sophisticated, high-tech tools or just an old-fashioned guess of a password, they seize control of the account.

In doing so, the hackers have committed a felony - an increasingly common one.

"We're beginning to see more and more instances of people committing intrusions into social networks, PDAs, even cell phones," said Kathryn Showers, deputy in charge of the Los Angeles County District Attorney's Office's High Tech Crimes Division.

"The hackers are getting very sophisticated. They seem to think that the norms we expect for people's privacy don't apply to them. It's sort of like electronic voyeurism."

The rest is here.

Tortelloni with a side of tax evasion

Mon Dieu! Almost two million bucks in unreported income? That's a bunch of steamed calamari...

The owner of Barsac Brasserie, a North Hollywood restaurant, pleaded guilty today to two counts of tax evasion for the years 2003 and 2004.

James Saliba, of Los Angeles, entered his guilty plea to a two-count criminal information previously filed in this case.

In his plea agreement, Saliba admitted that he failed to report all of Barsac's business receipts to the IRS for the years 2001 through 2005. To do this, Saliba underreported the gross sales of Barsac by using an account he called "Accrued Management Fees", into which Saliba recorded some of Barsac's sales. The effect this account had on the gross receipts of the business was to artificially reduce the sales of Barsac that were reported to the IRS.

Saliba also admitted that he overstated expenses by writing corporate checks from Barsac to his wife, Lisa Long, and then deducting these payments as expenses on the returns for the restaurant. Saliba also admitted that he overstated Barsac's expenses by writing checks to "Cash", and expensing the payments as tips, paying a small potion of these negotiated checks to employees and skimming the balance for himself.

And for more, click ici.

The Game's trip from one court to the other

Since this is a literate blog and all, let's begin this entry with some poetry:

"Walkin' out the courthouse spittin' on the camera guy/
I bang Thug Life, but this ain't Death Row."
"On Bail" -Xzibit, feat. The Game

That, dear readers, is a line from Mr. Jayceon Taylor, rapper, entrepreneur, feuder and proud Glendale resident. Mr. Taylor, known to his close associates and record buyers as "The Game," was in court today, taking a plea deal to keep him out of the pokey on three felony charges.

According to the folks over at the DA's office, Mr. Taylor, or better yet, Mr. The Game, was shooting some hoops down by the Rita Walters Educational Learning Complex in South Los Angeles a year ago. He got into an argument with another player, harsh words were exchanged, a punch was thrown and a firearm produced.

Unfortunately for Mr. The Game, he flashed his strap in the presence of a peace officer and made a criminal threat, which got him arrested. As part of his plea deal, those two counts went away, but he did offer a no contest plea for possession of a firearm in a school zone, which got him three years formal probation, 58 days in the county jail and 150 hours of community service.

Deputy District Attorney Tien Pham of Central Trials handled things for the prosecution, while Los Angeles Superior Court Judge Fred Wapner handed down the sentence. Mr. The Game's supposed to surrender himself next week.

Now normally, going to jail can be deleterious to one's career, unless your name's