San Jose Criminal Defense Lawyer Blog

San Jose Police have released the identities of three victims of homicide over this past weekend. Jasmine Nicole Costa, only 28 years old, was found shot to death at her home in San Jose. Police have picked up a suspect, reported to be 25 years old, who is to be arraigned on murder charges this week. Ms. Costa was the 16th homicide in San Jose for the year.

The city's 17th and 18th homicide victims were identified as two San Jose residents: Alex J. Rodriguez, 27, and Phillip C. Ayala, 26. The two were shot down by a single gunman at 10:42 p.m. Saturday in a parking lot in the 300 block of San Antonio Court. It is alleged that the victims were involved in gang conflict when they were killed. Another woman was injured but her wounds are not fatal.

San Jose, recently called one of the safest major cities in the country has seen an uptick in murder these past few months. This weekend makes the number for 2010 a total of 19 murders. There were a total of 28 murders last year.

These killings come on the heels of the controversial killing of a San Jose man by police. San Jose Police were dispatched on calls of a man wielding a knife. On scene, without attempting to subdue the man (i.e. with tasers) the police shot the man to death. He was later identified as Brian Strand Casey, known for a mild disposition. Two other people have been slain by police this year in similar circumstances.

Quochuy "Tony" Tran is facing up to 50 years in prison in the shooting death of a 15 year old girl from Alameda. Although only 16 at the time, Tran, who is from Oakland, was tried as an adult and convicted for murder. At the time of the murder Tran was hanging out with five other teenagers at a local park on Halloween night. After being egged by another group of teens, Tran and his friends pursued the victim Ichinkhorloo "Iko" Bayarsaikhan. One youth pulled out a rifle from under his coat and shot it into the air. Bayarsaikhan and her friends scattered, but returned to the scene, believing the rifle wasn't real. Tran then picked up the rifle and shot once, hitting Bayarsaikhan in the back.

The real controversy here, however, is that the District Attorney decided to try Tran as an adult, when the five other teens were tried as juveniles. Because of this decision Tran, now 19 is looking at 50 years in the State penitentiary, while his friends will have received something significantly less. The other youths all faced criminal charges, however, among them was not murder.

Judge Carrie Panetta issued the sentence indicating that Tran should be made an example to other youths. "The deterrence effect is a legitimate goal when individuals think they will be treated differently because of their age when they commit violent crimes," the judge said.

Michael Edwards Pickels, only 32 years old, is believed to have committed suicide at Saratoga's Mountain Winery. Eyewitnesses report that Pickels, then attending a music concert with a friend, climbed up a building next to the stage and plummeted to his death onto the stage. One witness said that Pickels took off running, jumped and tumbled through the air until he landed near a lighting rig.

Pickels was out on bail for domestic violence, assault with a firearm and false imprisonment. Bail was set at $150,000, much higher than usual in my opinion.

Pickels was attending the concert with a personal friend, when he excused himself. A few minutes later the audience was shocked by the man's fall onto the stage. Kyle Rivers, a member of the audience, told police he first thought Pickels was part of the act until it became painfully obvious that the man jumped or had fallen from the building.

EMTs were called to the scene and along with a doctor attending the event worked on Pickels for an hour. The doctor pronounced him dead at the scene.

It is not clear how Pickels had access to the building roof, but Winery personnel are looking into the matter.

If this was indeed a suicide, it prompts the question whether his criminal charges had any anything to do with the decision to kill himself?

Below is a video showing where Pickels jumped from and where he landed.

Continue reading "San Jose Man Charged with Domestic Violence Plunges to Death" »

Denise Lai, a former reservist with the San Jose Police Department, was arraigned today in Merced County Superior Court. The arraignment was postponed from last Friday.

Lai, 47, is accused of killing her mother, Carolyn Ninomiya, a 65-year old resident of Los Banos. The investigation began when Lai was discovered by police in a public parking lot with what appeared to be multiple stab wounds. Her wounds were serious and she was airlifted to Los Banos Memorial for treatment. Police indicate that Lai said she wanted to die.

Lai's family attempted to call her mother, but when they were unable to make contact police did a welfare check. They discovered Ninomiya dead in her home from an apparent strangling. Her body had been there for many hours.

When questioned, Lai admitted the killing and her attempted suicide. The reasons for the murder are not known. Bail was set at $ 1 million.

The San Jose Police Department issued a statement that they will be conducting a sobriety checkpoint tonight, August 13, 2010 from 9:00 pm.m to 3:00 a.m. The police did not indicate where the checkpoint would be (although the law requires them to publish the location of the checkpoint).

The usual spots the police conduct these operations are on Monterey between Fehren and Southside. The San Jose police are not allowing points to turn away (again as required by the law) so once you get trapped into a roadblock, there is no escape. Of course this begs the question: if motorists are not allowed to turn away, what probable cause do the police have in stopping any vehicle. When there is a turnaway point and a motorist continues to drive into the stop, then there is implied or constructive consent to the stop. Just being forced into a checkpoint does not give rise to probable cause.

To see the police department's statement click here.

Continue reading "San Jose Sobriety Checkpoint Today" »

USA Swimming is again in hot water for alleged sexual abuse by San Jose area coaches. Jancy Thompson, a former professional swimmer now claims that her coach sexually abused her while she was training to become and Olympian athlete. This comes on the heels of the capture of another swim coach who is alleged to have sexually abused on his trainees some eight years ago (see my last post below).

Thompson, a scholarship graduate from Arizona State and now resident of the South Bay, claims that Norman Hovercroft abused her at his place of work in Saratoga. Thompson has filed suit with USA Swimming, which has come under fire for past alleged past claims of sexual abuse by its trainers. More than four dozen coaches and trainers have been listed has abusers, although it is unclear if all have been prosecuted.

To hear more about this story from Thompson's lawyer please see the video link below. Bear in mind that no criminal complaint has been filed against Hovercroft; only a civil complaint has been filed agains USA Swimming.

Continue reading "Another San Jose Swim Coach Faces Sexual Abuse Accusations" »

Kaloyan Kaloyanov, a native Bulgarian man, and former international gymnastics star, was apprehended aboard a cruise ship in Mexico. Kaloyanov was accused of sexually assaulting a 15 year old girl with whom he trained. He has been on Fremont's most wanted list for more than eight years.

Kaloyanov competed in the 1997and 1998 Aerobic Gymnastics World Championships, and he also participated in several events with his wife before being charged with the assaults. The girl, now 25, accuses Kaloyanov of assaulting her twice while training with him. He was interviewed by Fremont police at which time he admitted the violations. However, the police and investigators did not arrest Kaloyanov, who fled and has been on the run for the last eight years.

Detectives recently re-opened the case and started with a Google search of the man. They found Kaloyanov's facebook page with pictures of cruise ships. After a few more keystrokes they learned that Kaloyanov worked for Carnival Cruise Lines as a fitness instructor. Fremont police, U.S. Customs and Border Protection, New York Police Department's High Intensity Drug Trafficking Areas Task Force, the U.S. Coast Guard and ship security coordinated Kaloyanov's detention and arrest.

Kaloyanov expressed shock at the lengths the Fremont went into finding him, so many years after he fled. Detective Gebhardt of the Fremont police told reporters that he and his fellow officers never give up; not even on the coldest of cases.

Continue reading "Fremont Man Wanted for Rape Found by Simple Google Search" »

A Livermore woman is facing child rape charges in Alameda County. To be true, that is an understatement. Christine Hubbs, who attended her arraignment before Judge Walker in Pleasanton, is facing 67 separate charges, all alleging she had sexual relations with two boys. That's right, five-dozen charges of the same offense.

Hubbs was arrested this past Thursday, after one of the boy's mother reported possible illegal conduct. The mother is said to have found a nude picture of Hubbs in her son's cell phone. The alleged activity took place between December 2008 to January 2010. The unidentified minors were 14 at the beginning of the alleged activity.

It is further alleged that Hubbs gave gifts and money to the minors during the relationships. It is not known if other minors are being questioned.

Of course 67 counts seems an audacious number. Any good defense lawyer will make hay of the number of incidents alleged by two teenage boys, living in a culture that emphasizes sexual activity and promiscuity. Too many young boys make such daring claims, that one has to question the veracity of these two "victims." No doubt, they have become very popular with their friends and at school.

Certainly, sending a nude picture is inappropriate and illegal, but this does not equate to sex. We should watch this case proceed very closely. Something just doesn't smell right here.

Oakland officials and police officers have been holding talks regarding a possible new round of rioting and looting in the upcoming sentencing of Johannes Meserle Nov 5th. The fear is that Meserle will get the lower term which will incite further tension between protestors and law enforcement.

Looters caused more than $800,000 in damage following Mersele's manslaughter conviction with rumors that there were too few police on the ground to maintain the violence. The Oakland Police Department was heavily criticized for not interfering with looters at a Sears store on Broadway. It is said that the police stood by and watched the vandals. The same conduct is alleged to have occurred at a small shoe store. 38 businesses were looted and vandalized in downtown Oakland that night, and 89 people arrested.

This time Oakland police will have a policy they call "end state goals." They are planning on "zero amounts" of property damage, arrests and injuries. Police insist they were successful in the first round of violence, despite the arrests and property damage.

Oakland's Chief of Police told reporters: "We constantly seek improvement and engage in relentless follow-through...We will assign people to those shortfalls and make sure they don't happen again."

The minimum term Meserle is facing is 4 years.

Continue reading "Bay Area Cop Faces Sentencing" »

Johannes Meserle was convicted last week of involuntary manslaughter in the shooting death of Oscar Grant. The trial was moved from the Bay Area to Los Angeles so that Meserle could get a fairer jury pool. As most people now know, Mesrele was an Oakland BART police officer who shot Mr. Grant why he was on the ground and handcuffed. The defense was that Meserle thought he took out his taser and only accidentally used his firearm that resulted in Mr. Grant's death.

The killing and now the verdict (which was the lowest crime the jury could come back with) has sparked anger in the black and latino communities, especially in the Bay Area and San Jose. Groups of protests and some light rioting took place in San Jose, but the bulk of this activity occurred in Oakland. Of course this anger is understandable, but from a criminal defense point of view, Meserle had a great defense team. His lawyer sent the jury into deliberations for only a mere four hours. Most pundits, after learning of such a short deliberation thought the verdict would be all (second degree murder) or nothing (acquittal). With all the inconsistencies Meserle's lawyer convinced every juror that what happened between Meserle and Grant was an accident. Of course it is an accident that will send Meserle to prison for 4-10 years (up to 10 years because of the gun enhancement). Of course the family and friends of Grant find no consolation as no one else in their position would.

The Meserle trial and verdict teaches one valuable lesson. When you are in trouble, get yourself a good lawyer. Meserle did and it saved him a life sentence.

Continue reading "San Jose Reacts to Meserle Verdict" »

More than 2500 marijuana plants were seized and nine people arrested in coordinated Bay Area law enforcement raids including here in San Jose. It was a network that ran from San Jose, to Oakland and even up to the Napa Valley. Local law enforcement and the California Drug Enforcement Agency estimate that the "ring" had up to $10 million worth of marijuana. The months-long investigation ended up with 15 search warrants including a San Francisco address where police believe the "ring leader" lived. The California DEA also estimates that the operation had the capacity to produce up to 10 tons of pot annually, which was sold to customers in an intricate underground operation.

In an interesting sub-story most of the growers undertook to by-pass the utility meters and installed their own electrical circuits.

The largest stashes of pot were discovered in San Francisco and Militpas, 1,097 and 493 plants respectively. 359 plants were discovered from a home on the 2700 block of Rainfield Drive in San Jose. 15 pounds of processed pot were found in an Oakland residence where police arrested Diep Hoang Vu, 38, a suspected worker at the grow houses. Vu has an extensive criminal history that includes a 16-year prison sentence for a felony rape conviction. Also arrested were Quoc Bui Long, 44, of San Jose; and Tuan Chu, 28, a Vietnamese citizen, whose residence is unknown.

This investigation, arrests and soon to be prosecution comes about when the State of California is in a deep discussion about legalizing the commercial and recreational use of marijuana. Granted, this kind of operation would never be legal, but one wonders at the use of time and resources going after "pot rings" when it soon might be legal to smoke pot for fun! And, given that California is about to meet the precipice of debt, perhaps those resources might be better put elsewhere. Just a thought. Below is a video of a Harvard economist making the argument to legalize marijuana.

Continue reading "Bay Area Pot Scandal" »

The owner of the Hookah Bar in Palo Alto is accused of strangling his girlfriend to death and then burning their house down to conceal the crime. Bulos "Paul" Zumot's request for a reduction in bail was denied Friday by Judge Jerome Nadler who set no bail, keeping Zumot behind bars throughout his legal fight. His case is being handled in San Jose.
Zumot, who coincidentally is represented by Los Angeles celebrity attorney Mark Geragos, claims he has a surveillance video of him working in his bar at the time of the fire. This has yet to be substantiated.

The victim is Jennifer Schipsi, but little details of her are known. We do know that she accused her previous boyfriend of domestic violence. The alleged batterer was arrested, but the case had little to no merit. Also coincidentally I happened to represent the defendant in that case. Having no merit, it was dismissed. Schipsi's alleged murder followed only a few months after that dismissal.

This case leaves many unanswered questions.

Continue reading "No Bail In Palo Alto Murder" »

I am a little late in getting to this, but there has been so much to do and write about. On June 8, Deputy District Attorney Jeff Rosen defeated incumbent Delores Carr for the coveted position of top D.A. This came with cheers and happy shouts from defense lawyers and even many prosecutors. Carr came into office vowing to rid it of corruption and manipulation. Unfortunately under Carr's tenure, things got far worse. Suppression of evidence, withholding key witness and downright lying had become all too prevalent in the office for the voters to tolerate.

To give one example, a deputy D.A. used false semen evidence to persuade a jury that the defendant was guilty of rape. In fact that was the "evidence" used by the police to coerce the defendant to confess. The DA latter used that "evidence" as authentic, which resulted in a conviction. No real semen was actually found.

In another example, the DA failed to disclose vital medical records that would have been mitigating for the defense. That DA might very well lose his license.

Carr even ordered all Deputies to boycott one certain judge because she tends to grant "too many" defense motions.

The office has been maelstrom of deceit and unfair practices. Some D.A.s refused court orders. Others ignored evidence. And all the time Carr stood by her people (the guilty ones I mean)

We hope in Jeff Rosen the office will truly be cleaned up and seek justice, not power.

Good Luck Jeff!

"I want my readers to read a part of this article from the San Jose Mercury News my Sean Webby: "When an Apple employee arrived at his downtown San Jose home to find that his two iPads had been stolen, he realized the hot-selling tablet could help him track down the thieves.

With a San Jose police officer looking over his shoulder, the employee used his iPhone to watch an icon representing one of his iPads travel through the city, then turn onto Cape George Place.

Police swung into action, surrounding a 1998 Dodge Neon. In the back seat was a slew of hardware including the employee's iPads. Police arrested Francisco Chavez, 31, and Arturo Urrutia, 33, both of San Jose, on burglary and other related charges." San Jose Mercury News, June 23, 2010.

Bay Area based Apple has reported that there is a GPS tracking device that can be linked from the IPad and IPhone. Lose your IPhone? Simple get out your IPad and track it down. New technologies are making it easier and easier for police to track down suspects. Surveillance cameras (as noted before) lidar, instead of radar and now GPS are just a few on the list. Even dogs can be easily tracked down when implanted with a chip. As society grows ever more sophisticated, tracking people down has because ever more simple. But remember, mistakes are easily made. Errors are as easily made. These new technologies face more threats to personal privacy than tracking down criminal suspects. There is a lot to be learned about these new methods, many of which are still untested. Lidar (the "new radar") is not even on the approved list of mechanical devices and it is still yet being used.

Continue reading "Bay Area Tech To Catch Suspects" »

Phillip Michael Dominguez, of San Jose was picked up on charged of rape and child molestation and kidnapping on a girl the age of 14. The Defense: he was on PCP at the time. It is reported that Dominguez approached a friend's bedroom window and told the victim (who has not been named) that her mother needed her to go shopping. The girl climbed out the window and left with the defendant. When the girl was found her skirt was found on backwards and her shoes flown aside. On a phone call later with the police Dominguez asked if she hurt the girl and that he was high on PCP.

PCP, or phencyclidine, is a dissociative anesthetic that was developed in the 1950s as a surgical anesthetic. Its sedative and anesthetic effects are trance-like, and patients experience a feeling of being "out of body" and detached from their environment. Use of PCP in humans was discontinued in 1965, because it was found that patients often became agitated, delusional, and irrational while recovering from its anesthetic effects. It can be found in liquids, powders and capsules.

Scientifically, PCP stands for phenylcyclohexylpiperidine. In its early vernacular it was called angel dust and competed with cocaine, crystalline tropane alkaloid, which comes from the cocoa leaf in South America.

Dominguez defense is not an affirmative defense at all. However, it may be somewhat mitigating (that is a passionate defense attorney talking. However this is a specific intent crime so any leniency by the court is unlikely. This man is facing 3-6 years state prison.

Continue reading "San Jose Man Rapes Local Girl" »