San Jose Criminal Defense Lawyer Blog

Clay Rosas, a five year veteran of the Santa Clara Police Department (and San Jose before that) is being held without bail for handing over confidential criminal and DMV records to a member of the Santa Cruz chapter of the Hell's Angels. Specifically, Rosas is being charged in state court for furnishing confidential information, fraud and conspiracy. Also included in the indictment are Billy Bettencourt of the Hell's Angels and Vivian Rodriguez.

However, Rosas is now being charged in Federal court for the same crimes. Federal court is a separate jurisdiction and is not bound by the rules of double jeopardy should Rosas be cleared in state court. Rosas has two criminal defense attorneys working up each case respectively, which in Federal court may bring 20 years in the Federal penitentiary and/or a three year term in state prison. Federal authorities have added other charges such as fraud committed by a peace officer.

It is alleged that Rosas' motive was simple: money. According to the indictment Bettencourt gave an undisclosed amount of cash in the form of a loan. Rosas then supplied Bettencourt with confidential information and would receive an "extension" on that loan. It has not been disclosed why Bettencourt wanted the information or who he was interested in.

Bettencourt is looking at a life term because he is subject to California's Three Strike Laws. For Rosas, it is unlikely that he will face the maximum of 20 years because of his otherwise exemplary record. He was a police officer in both San Jose and Santa Clara and is a former Marine Sergeant who served in Iraq. He is more likely to get the mid-term of ten years. Truth be told: the Feds don't play games.

Continue reading "Santa Clara Cop Now Faces Federal Charges" »

Melvin Forte, a man who refused to be represented by a defense lawyer, was convicted of a 1981 rape and murder of a young German immigrant, Innes Sailer. It only took the jury three hours to recommend the death penalty.

Sailer's body was found on Poco way in east San Jose some thirty years ago, having been raped and repeatedly shot. Forte argued that the District Attorney could not link him to the southbay and that he never ventured from San Francisco. For awhile this argument seemed to work, until a witness positively identified Forte as a man she remembered walking in the area of the crime scene. (Refer to page of this Blog for further details.)

The case had been cold for years until the advent of DNA and a new unit in the District Attorney's Office that reopens old cold files. The DA was able to match Forte's DNA, which was the greatest evidence against the defendant.

Forte is already serving a life sentence for the murder of a San Francisco man, David O'Malley. His fiancé, also a victim of Forte, testified at the sentencing phase of the case. This proved to be the breaking point of the jury, who a few hours later decided on death for Forte. Superior Court Judge Linda Condron is set for formally sentence Forte on February 23, 2011. However, given Forte 60 years of age and the extensive legal challenges Forte will employ, he will likely die in prison before the sentence can be executed.

The San Jose Police have announced that the Department will no longer impound vehicles that are stopped for a minor traffic violation and where the driver was unlicensed at the time of the stop. For years the Police have been impounding vehicles for 30 days if the driver could not produce a valid driver's license. It has been a source of revenue for the city, as the fines and fees can be excessive.

It seems that the San Jose Police have caved in the wake of numerous complaints suggesting that this policy greatly impacts illegal aliens who do not qualify for a California driver's license. Immigration advocates argue that the policy puts a greater burden on immigrants who drive to and from work every day, but cannot obtain a legal license to drive.

The new policy allows a police officer the discretion to leave the vehicle parked and wait for a licensed driver to come and take it.

The police will still cite such drivers for a violation of Vehicle Code section 12500, driving without a license.

San Jose police have indicated that the new policy is to renew trust between the Department and the Latino and immigrant communities.