From the Associated Press:
SAN FRANCISCO -- A judge's decision to move Johannes Mehserle's murder trial to Los Angeles County is a setback for the former transit police officer charged with gunning down an unarmed man on New Year's Day.
Jurors throughout the state are typically sympathetic to police officers, and Mehserle could have expected a leg up before the start of trial in most any courtroom in California's 58 counties.
But legal analysts say Los Angeles is atypical and a bad draw for the former Bay Area Rapid Transit officer.
Mehserle, who was in uniform when he drew his service gun, will have to overcome the lingering specters of the Rodney King beating; the O.J. Simpson acquittal because of police behavior; police corruption cases; and other high-profile verdicts that expose many residents' deep-rooted skepticism of law enforcement.
"Los Angeles County is the polar opposite of most counties," said Jim Hammer, a former San Francisco prosecutor. Hammer was one of two prosecutors on San Francisco's infamous "dog mauling" case, which was transferred in 2001 to Los Angeles for trial because of extensive pretrial publicity.
"We were disappointed," Hammer said of the transfer, even though he ended up winning the case and Marjorie Knoller and her husband, Robert Noel, were convicted of keeping large dogs in their apartment that mauled a neighbor to death.
Mehserle and other transit officers were responding to a fight at an Oakland BART station when he fatally shot Oscar Grant in the back. Mehserle, 27, has pleaded not guilty to murder. His attorneys say he mistakenly pulled his gun rather than a Taser in an attempt to subdue Grant, 22.
The shooting of the unarmed black man by a white police officer was video-recorded by several bystanders. It went "viral" on the Internet and unleashed pent-up racial tension in Oakland for weeks. The social unrest and extensive media coverage in the San Francisco Bay area prompted Alameda Superior Court Judge Morris Jacobson to transfer the trial to Los Angeles. The case is to be tried in the same courthouse where O.J. Simpson was acquitted of murder.
Mehserle's attorney Michael Rains said he is disappointed with Jacobson's decision. Rains had argued that his client would receive a fairer trial in San Diego County, a location the judge considered before choosing Los Angeles.
"It is a scary prospect for a police officer to be tried before any jury with anti-police sentiment," Rains said. He said he's concerned the jury pool will be limited to residents living within 20 miles of the courthouse because census data he has studied suggests the area has a higher-than-average black population.
That's important because legal experts said race can be a vital component in a close case.
"If the evidence is clear, jurors are likely to be able to set race aside," said Kathy Kellerman, a Marina del Rey-based jury consultant. "If the evidence is unclear or ambiguous, the racial and
economic makeup of the jury could influence the verdict."
Kellerman said recent downtown Los Angeles jury pools have been 15 percent to 20 percent black and about 20 percent white. The predominant race of downtown Los Angeles jurors in recent years has been Asian and Latino, she said.
"A surprising number of jurors in the LA jury pool have had negative experiences with law enforcement officers and/or are cautious or even negative in their attitudes about law enforcement officers," Kellerman said.
One outside observer, defense lawyer Daniel Horowitz said Mehserle can take some solace in Los Angeles' size and diversity.
"It's a sophisticated and educated jury pool," Horowitz said. "And this is the kind of complicated case that needs sophisticated thinking."
From the Associated Press:
OAKLAND -- The trial of a white former San Francisco Bay Area transit officer charged in the killing of an unarmed black man will be moved to Los Angeles County because of extensive media coverage and other possible distractions to trial participants, a judge ruled Thursday.
The decision by Alameda County Superior Court Judge Morris Jacobson comes a month after he decided the murder trial of Johannes Mehserle would be moved out of that area.
State court officials recommended Los Angeles and San Diego counties to the judge as possible sites for a trial.
Mehserle, 27, is charged with fatally shooting Oscar Grant, 22, at a Bay Area Rapid Transit station in Oakland on New Year's Day. The incident was video-recorded by several bystanders, shown across the Internet and subsequently used as evidence in a preliminary hearing last spring.
"This is the most important decision in this case, other than the verdict," John Burris, the attorney representing Grant's family, said after Thursday's ruling. "If the case went to San Diego County, Mehserle would have walked."
"L.A. County has a lot more experience dealing in cases with African American men being killed by police," he said. "They can understand those issues rightly or wrongly, up or down."
Mehserle has pleaded not guilty in the case. Jacobson said that Los Angeles County court officials may not be ready to handle the case for at least six months, even a year.
Jacobson apparently had to weigh costs for Alameda County by comparing possible trial costs in Los Angeles and San Diego counties. The judge said San Diego County court officials told him that their courthouse was not prepared for a high-profile case and would have to make significant security adjustments and provide a judge at a cost to Alameda County.
Los Angeles County said it would be able to provide its own judge.
Mehserle's attorney, Michael Rains argued Thursday that he preferred San Diego County because it has enough courtroom space and with Mehserle's right to a speedy trial, one could begin as early as January.
Rains also argued that if the trial is held in Los Angeles County, there could be a "boiling cauldron" similar to the violent aftermath in the 1992 Rodney King case.
Rains also said there has been more media coverage in Los Angeles about the case compared to San Diego.
"It is possible that this case ignites that boiling cauldron," Rains said.
Rains argued for a change of venue, citing a survey of nearly 400 potential jurors. It found nearly 97 percent knew details about the case, and nearly half believe Mehserle is guilty or probably guilty.
Prosecutor David Stein argued on Thursday that Los Angeles County has the capability and the security needed for such a highly charged case. He also said the odds of getting more African Americans on a jury is greater in Los Angeles County than in San Diego County.
A diverse jury will bring more "legitimacy" to Alameda County residents, no matter the final outcome, he added.
"When the verdict is ultimately rendered, the people of Alameda County must feel like their interests have been served," Stein said. "The interest of justice makes it clear that it should be in Los Angeles."
According to 2008 Census figures, 14 percent of Alameda County's 1.5 million residents are African-American, compared with 9 percent of the 9.9 million residents in Los Angeles County and 5 percent of 3 million residents in San Diego County.
Grant's mother, Wanda Johnson, said she was overjoyed with the judge's decision. She said she planned to attend the trial.
"I want to ensure that justice is served, and my family believes that in Los Angeles County we can get a better pool of jurors and a more favorable decision there than San Diego," she said.
Jacobson said he will ask state Supreme Court Chief Justice Ronald George to assign a justice to handle the trial. The judge set another hearing for Dec. 15.
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RANCHO CUCAMONGA -- A husband and wife are headed to state prison after pleading guilty Friday to charges that they stole $750,000 in inheritance money from orphans in their care.
Richard and Yvonne Reyes, of Rancho Cucamonga, agreed to prison sentences of four years and two years, respectively, as part of plea bargains reached with prosecutors Friday in West Valley Superior Court, said an attorney for one of the defendants.
They each pleaded guilty Friday to a single count of grand theft, and will likely be ordered to pay the victims a restitution sum in the "mid six-figures" when they are sentenced Dec. 22, said James Reiss, Richard Reyes' attorney.
The Reyeses were granted temporary custody of three children in September 2006 after the children's parents died in a murder-suicide.
The Reyeses knew the children and their parents though youth sports, and the children's father said in a suicide note that he wanted to the Reyeses to care for his children.
In the 18 months after the Reyeses were named the children's guardians, prosecutors allege they spent about $750,000 that the children inherited from their parents -- money from pension benefits, life insurance, and social security.
When multiple felony charges were filed against the Reyeses in April, investigators said they were unsure how the couple spent the money.
Because the Reyeses have been in custody since they were arrested in April, about one year of custody time will be deducted from their prison sentences, Reiss said.
Yvonne Reyes, 49, could be released from state prison in about six months, and Richard Reyes, 51, could be released in about a year and a half, Reiss said.
From Daniel Tedford at the San Gabriel Valley Tribune:
POMONA - A woman who pleaded guilty to embezzling funds from the La Verne Girls Softball Association was sentenced at the Pomona Courthouse Friday, said Los Angeles County District Attorney's office officials.
Christine Lopez, 39, of Pomona, worked as a treasurer on the league's board. As part of a plea deal, Lopez received the recommended sentence of 30 days in county jail and three years probation. Lopez also will have to do 120 days of community service and will pay $20,000 in restitution.
She paid $10,000 of that restitution at a Nov. 13 court date when she accepted the deal.
Lopez was taken into custody immediately following today's hearing and will serve her sentence as straight time, Lopez's attorney Edgar Diaz said. She was credited with one day served.
Deputy District Attorney Duke Chau consulted with the softball association as well as detectives to determine the specifics of the plea deal, Chau said.
Lopez was arrested Jan. 8 by La Verne police and a case was filed with the district attorney's office over summer.
Staff writer Will Bigham contributed to this report.
Three Pomona men accused in a February gang killing pleaded not guilty today to charges of murder and attempted murder, a prosecutor said.
Cesar Sierra, 32, Albert Martinez, 25, and Florencio Reyes, 18, allegedly visited a Motel 6 in Pomona on Feb. 28 aiming to kill Jorge Sandoval in retaliation for an earlier gang killing.
Sandoval survived their alleged ambush, but his girlfriend, Nelssa Tovar, was shot and killed as she sat in bed during the incident.
The alleged triggerman, Reyes, reportedly killed Tovar to eliminate witnesses, according to testimony at a July preliminary hearing.
All three men remained jailed Friday without the possibility of bail at Pitchess Detention Center in Castaic.
A Feb. 2 trial date was set for the three men today in Pomona Superior Court, said Deputy District Attorney Bjorn Dodd.
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A man wanted in connection with a recent killing in Chino is 19 years old, not 29 as previously reported by Chino officials, authorities said Thursday.
Andrew Angel Valenzuela of Ontario was allegedly involved in the killing of David Arthur Padilla of Pomona, whose body was found under a 60 Freeway overpass Nov. 7.
Chino police have been unable to located Valenzuela, and are seeking the public's assistance in finding him.
Police say Valenzuela is a member of a Pomona street gang, and has a large "P" tattoo on the right side of his neck. He has friends and family in Pomona and San Bernardino, according to a Chino spokeswoman.
Valenzuela pleaded no contest in Pomona Superior Court last month to a misdemeanor count of second-degree burglary of a vehicle, according to a spokeswoman for the Los Angeles County District Attorney's Office.
Pomona police arrested Valenzuela on Oct. 16, and he was released from custody Oct. 21, according to online records from the Los Angeles County Sheriff's Department.
He was sentenced to 30 days in jail and placed on probation for three years, the district attorney spokeswoman said.
Also suspected in the killing of Padilla, 29, is 32-year-old Robert Louis Caballero of Ontario.
Caballero has also been charged with murder for a September killing in Pomona, and is a suspect in the killing of a woman whose body was found buried this month beside Mt. Baldy Road in the San Gabriel Mountains.
The Chino Police Department has asked anyone with information on Padilla's death or Valenzuela's whereabouts to contact them at (909) 590-5549.
A 24-hour tip line for people to report dog fighting has been established by the Los Angeles County District Attorney's Office, officials announced Tuesday.
The phone number for the tip line is 1-877-NO2FITE. People who report dog-fighting tips that lead to arrests or convictions can earn a reward of up to $5,000.
The reward program is funded by the Humane Society of the United States.
From the Associated Press:
POMONA -- A man is facing a misdemeanor vehicular manslaughter charge stemming from a crash that killed a 3-year-old girl walking with her father and 5-year-old sister outside a school in Diamond Bar nearly a year ago.
Conrado Pantig Maglonzo, 69, is due in Pomona Superior Court Dec. 18 for arraignment.
The defendant's Nissan Pathfinder went over a curb near Maple Hill Elementary School on Nov. 26, 2008, striking Michelle Kwon. The youngster died of her injuries about 24 hours later.
A Los Angeles County sheriff's sergeant said after the crash that the man was parking his vehicle as he was dropping off children and lost control of the SUV.
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CHINO -- Police are seeking a second suspect in the killing of a Pomona man whose body was discovered under a freeway overpass here on Nov. 7.
A warrant has been issued for the arrest of Andrew Angel Valenzuela, 19, of Ontario, for his suspected involvement in the killing of David Arthur Padilla, 29, according to a Chino news release issued this afternoon.
Valenzuela is a member of a Pomona street gang and has a large "P" tattoo on the right side of his neck, according to the news release.
He has family and friends in Pomona and San Bernardino, said Chino spokeswoman Michelle Van Der Linden.
Authorities found Padilla's body under a 60 Freeway overpass in the 3700 block of Walnut Avenue. He died from upper-body trauma, according to the San Bernardino County Coroner's Office.
Also suspected in Padilla's killing is 32-year-old Robert Louis Caballero, who authorities have linked to three recent killings.
Caballero was arrested in the early morning of Nov. 7 for the Sept. 29 shooting death in Pomona of Armando Vidana, 25.
After Caballero was taken into custody, authorities learned of Padilla's killing as well as the killing of Lorraine Minjarez, 32, whose body was buried beside Mt. Baldy Road in the San Gabriel Mountains.
The Los Angeles County District Attorney's Office has charged Caballero with murder for Vidana's death.
Caballero, who has two previous strike convictions, has pleaded not guilty to the crime. He remains jailed in lieu of $3 million bail at Men's Central Jail in downtown Los Angeles.
Valenzuela is about 5 feet 11 inches tall, and weighs about 185 pounds, according to the news release.
The Chino Police Department has asked anyone with information on the case to contact them at (909) 590-5549.
11/19/09 CORRECTION: Valenzuela's age has been corrected. It was mistakenly reported as 29 in a Chino news release.
RANCHO CUCAMONGA -- Nearly two weeks after her car was broadsided by a transient accused of fleeing authorities in a stolen car, an 18-year-old woman remains in critical condition with serious head injuries.
Jessica Garcia, of Rancho Cucamonga, is in a medically induced coma in the intensive care unit at Arrowhead Regional Medical Center in Colton, said San Bernardino County Sheriff's spokeswoman Tracy Dorsey.
Garcia has not regained consciousness since the Nov. 3 crash, Dorsey said today.
Patrick Griffin, 41, has been charged with four felonies for allegedly running several red lights attempting to evade a sheriff's deputy on Arrow Route in Rancho Cucamonga.
When Griffin ran a red light at Vineyard Avenue, he slammed into the passenger side of Garcia's car, according to authorities.
Griffin, of Washington, remains jailed in lieu of $1.5 million bail at West Valley Detention Center in Rancho Cucamonga.
CORONA -- A married couple who own a tax preparation business have been convicted by a jury on four felony counts related to income tax fraud.
Aloysius Vivo, 55, and Rachel Vivo, 47, of Chino Hills, were convicted by a jury Nov. 10 of criminal charges stemming from a tax return filed in February 2001.
On the tax return, the Vivos claimed a child credit they were ineligible for, and failed to report income they paid to cappers who helped find clients for their business, Vivo-Cota & Associates, according to a news release issued by the California Franchise Tax Board.
A jury deliberated for about four hours before reaching verdicts Nov. 10 in Corona Superior Court, court records show. The Vivos face up to five years in state prison, according to the news release.
The couple also face felony tax-fraud charges in San Bernardino County, where prosecutors have charged them with three counts of filing false tax returns in 2002, court records show.
LOS ANGELES -- A Chino loan officer has been convicted of 11 counts of bank fraud for his role in a $16 million real estate scheme in which a developer paid homebuyers kickbacks that were funded through fraudulent loans.
Bradley Bishop, a former loan officer at Washington Mutual and Bank of America, was convicted in federal court in September of processing 11 fraudulent loans last year worth about $12.5 million.
Along with a Colorado developer and a Torrance real estate agent, Bishop helped arrange illegal kickbacks to buyers of million-dollar homes in order to entice potential buyers to move forward on purchases, according to a news release from the U.S. Attorney's Office.
The kickbacks -- typically equalling between 20 percent to 23 percent of a home's sale price -- were funded through fraudulent home loans, according to the news release.



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