San Jose Criminal Defense Lawyer Blog

Two suspects robbed a Bank of America in San Jose early yesterday, wielding what looked like a bomb. The men fled the scene in a blue Honda and made for Highway 85, driving at speeds well in excess of the posted limit. The robbing duo crashed their Honda into a Minivan at the intersection of Highways 85 and 87 and took off on foot. A woman in the minivan was injured due to the collision.

One suspect was followed by a San Jose martial arts expert who tackled and subdued the suspect. The second suspect ran into the fields of Gunderson High School, only to be arrested a short time later. The school was in lockdown for several hours.
Highway 85 was closed do the possible existence of a bomb in the suspect vehicle.

Although the crash took place at approximately 11:40 a.m., the Highway was closed till around 5:00 p.m. In the end there was no bomb, after the object was later detonated by the police.

The suspects face felony charges including robbery, assault with a deadly weapon, making terrorists threats, evading and conspiracy.

Former Bay Area BART cop Johannes Mehserle is the subject of a civil case of assault dating back to 2008, the San Jose Mercury News reports. Mehserle was convicted of manslaughter for the shooting death of Oscar Grant in January of 2009 . That case generated nationwide reporting, not to mention widespread protests in what community activists claimed was a racially charged murder.
However, before the shooting death of Oscar Grant, a civil suit was filed in San Francisco against Mehserle and four other Bay Area BART police officers in 2008. The Plaintiff claimed that the officers attacked him after he made some disparaging remarks against BART cops. Mehserle is specifically alleged to have tackled the plaintiff in response to the plaintiff's comments.

Mehserle and the other officers have claimed that their actions were in response to threats the plaintiff made to Mehserle. He was in fact arrested for making criminal threats and further charged by the police officers of resisting arrest. The District Attorney's Office dismissed the charges against the plaintiff more than two years ago.

The civil trial was put on hold pending Mehserle's criminal trial in the shooting death of Oscar Grant. The standard that must be proved in a civil trial for battery is very similar to a criminal charge. It must be shown that the defendant (Mehserle and the other BART officers) touched the plaintiff with the intent to harm or offend him, which was not consented to and did cause harm and that such harm would have offended a reasonable person in the same situation.

Mehserle and other named Bay Area officers will likely defend on the grounds that they were making an arrest of the plaintiff and that they used reasonable force in detaining him. Even if the officer is mistaken, an arrestee has a duty not to use force to resist the officer unless that officer is using unreasonable force. In determining what is reasonable force, the jury must determine whether the amount of force used against the plaintiff would have appeared reasonable to a reasonable officer in the same or similar circumstances. What is reasonable depends on the nature and seriousness of the alleged crime and whether the arrestee reasonably appeared to be a danger to the public or pose an immediate threat.

According to the Mercury News, the trial is set to begin sometime after Thanksgiving in the Northern District of California in San Francisco.

Continue reading "Bay Area BART Cop Now Faces Civil Trial" »

The First District Court of Appeals in San Francisco overruled Governor Arnold Schwarzenegger who denied parole of a man convicted of killing his 20-month baby over twenty years ago. Kuldip Kler, convicted of second degree murder on February 25, 1987, will be eligible for parole because of a clean in-custody record, acts of remorse and acknowledgement of the crime.

Further, in its ruling, the court indicated that the Governor was wrong for basing his denial on the facts of the crime itself and not for the conduct of Kler in the 20 subsequent years.

""The factors relied upon ... are not supported by the record, nor do they lead to the conclusion that (Kler) would be an unreasonable risk of violence if released on parole," the court's opinion states.

Kler was up for parole in 2007, but his release was denied by the Parole Board. However, the Board reversed itself and granted the parole after an appeal. This was followed by Schwarzenegger's denial of Kler's freedom some months later.
The District Court gave several reasons for reversing the Governor:

1. Kler's exemplary behavior while in custody, attendance at counseling meetings and self-help sessions.
2. Kler's acknowledgement of the crime and his guilt. During the trial Kler testified that he was in an epileptic fit when the baby died.
3. Expression of grief and remorse for the child and his behavior.
4. Because of his record while incarcerated and his behavior and conduct, he no longer poses a threat to the community

Governor Schwarzenegger may appeal to the California Supreme Court. The Governor's Office declined to comment.

Around 5:00 p.m. on September 11, Gilroy Police arrested four adults and four juveniles on gang related charges. Girloy's Anti-Crime Team arrested Robert Navarro, 21, at 9033 Church St. on a $100,000 warrant for assault with a deadly weapon and on an additional warrant for being under the influence. It is alleged that Navarro physically attacked a man near Safeway on the 900 block of First Street. Witnesses say the victim fell to the ground in front of his wife and two-year old daughter. No word if the injuries are fatal. Police arrested three more men, allegedly from the same local gang: Dominic Casillas, Louie Vallez and Alexander Amezcua. Their charges range from oral copulation of a minor, domestic violence and false imprisonment. Details are not forthcoming.

Police also arrested four juveniles for various crimes, including probation violations, possession of a machete, escaping from a juvenile detention facility and possession of a concealed weapon.

It is alleged that all eight men and boys are members of the Norteno street gang and the Gilroy police say they have put a dent in local criminal gang activity. However, the police have not indicated whether these men are validated gang members. Being Latino and committing a crime does not equal membership in a criminal street gang. Of course, here in San Jose, just living on one side of town automatically makes one a member of a gang. And, wearing a badge automatically makes one a "gang expert." Or so it too often seems.

Continue reading "Gilroy Cracks Down On Street Gangs" »

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.

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" »

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!

36-year old Lionel Blanks of Santa Clara, CA was arrested on six felony charges including rape, sexual penetration, kidnapping and carjacking. The victim, who has not been named, reports that she fell asleep in her car in Palo Alto, to be awakened in the morning by Lionel. It is alleged that he beat and tortured the victim, tied her up and drove off with her. They drove for 20 minutes while Lionel is said to have threatened the victim.

It is further alleged that Lionel pulled the vehicle over and dragged the woman behind a building where he continued to beat her. After tearing the woman's clothes off he raped and strangled her, causing trauma to her neck. She suffered further injuries to her forehead, face including loss of consciousness.

Blanks was arrested at his home where he lives with his wife and children. If convicted he faces a life sentence with no possibility of parole.

Continue reading "Santa Clara Man Accused of Violent Rape" »