Angeles Criminal Defense

City attorney Trutanich gets tough on protests

noreply@blogger.com (OursCompany) — Sat, 19 Feb 2011 05:15:00 +0000

LOS ANGELES (KABC) -- L.A. City Attorney Carmen Trutanich is getting tough on groups that protest in the streets illegally. He's filing criminal charges. Trutanich has changed the longstanding policy of leniency toward protesters.

Los Angeles City Attorney Carmen Trutanich isn't backing down on his decision to criminally prosecute some protesters.

At the L.A. County Superior Court of California Building, more than two dozen protesters compared themselves to Egyptians seeking justice. They accused Trutanich of trying to criminalize dissent.

In a rare interview, Trutanich admits that in the past prosecutors tended to reduce misdemeanor charges for protesters to infractions.

"Your right to protest ends at the tip of my toes and the tip of my nose," said Trutanich. "It does not give you the absolute freedom to interrupt the lives of the people in L.A."

A pre-trial hearing for people arrested while protesting Arizona's immigration law was put off Monday. Those protesters say they are being unfairly targeted by Trutanich.

"We are students, teachers, parents and others who have dedicated ourselves to social justice. I'm a mother of two," said accused protester Paulina Gonzalez.

Trutanich refers to a protest on Westwood Blvd. which, he says, blocked traffic to UCLA Medical Center. He has barred plea negotiations with people arrested in demonstrations.

"I'm not punishing your issue, because I'm not the content police," said Trutanich.

"Mr. Trutanich, for reasons of his own political posturing, has disrespected that great American tradition," said defense attorney John Raphline.

Trutanich says he's not trying to quiet dissent, just the disruption to other people's lives it might cause.

"It's not about what you say, it's what you do that we're looking at. The congestion that was caused, the inconvenience to lives that were caused, not your message," said Trutanich.

Trutanich likes to try to keep it simple. He says when he first became city attorney there were protesters who blocked traffic and affected the lives of others. He had to make a choice, he says: prosecute or let them go. He's decided to prosecute.

Around the remote: Television picks for the week of Feb.

noreply@blogger.com (OursCompany) — Sun, 13 Feb 2011 19:53:00 +0000

DON'T MISS:

THE 53RD ANNUAL GRAMMY AWARDS - They'll be handing out loads of hardware when the bigwigs of the music biz gather in Los Angeles to stroke their egos. But while shiny trophies are nice, we mainly crave the performances. And to that end, it shapes up to be a memorable night with legends like Mick Jagger and Barbra Streisand scheduled to take the stage, as well as Lady Gaga, Eminem, Cee Lo Green, Miranda Lambert, Katy Perry, Justin Bieber and others. Feel free to jump off the couch and strum your air guitar. 8 p.m. Sunday, CBS.

OTHER BETS:

SUNDAY: Say it isn't so! Marge's famous blue hair is turning gray on "The Simpsons" and her family has a hard time adjusting to the change. 8 p.m., Fox.

SUNDAY: The latest installment of "Nature" whisks viewers to the icy slopes of the Himalayas to examine the wildlife there. We suggest you pack a very thick sweater for the trip. 8 p.m., PBS.

SUNDAY: As another royal wedding approaches, it seems fitting to hang out with "The Queen." It's a two-hour special that follows the perspective of Queen Elizabeth who, from the first year of her reign, has had to balance tradition with the love lives of her family members. 9 p.m., TLC.

MONDAY: Release the hounds! We expect some off-the-leash action at the 135th edition of the Westminster Kennel Club Dog Show, where six newly recognized breeds join the fray. The show concludes on Tuesday. 8 p.m., USA.

MONDAY: Sarah Chalke, who won our hearts on "Scrubs," returns to prime time in "Mad Love." It's a new sitcom about four pals in New York and their romantic buffoonery. 8:30 p.m., CBS.

TUESDAY: The love for "NCIS" just continues to grow. Tonight, TV's top-rated drama has the team working to protect the daughter of a Belgravian defense minister. Unfortunately, she develops a crush on McGee (Sean Murray). 8 p.m., CBS.

TUESDAY: Michael Emerson, who played creepy Ben on "Lost," does a guest stint on "Parenthood." Let's hope he doesn't bring along the Others.10 p.m., NBC.

WEDNESDAY: Like a recurring stomach ache, Russell Hantz and "Boston" Rob Mariano keep popping up on "Survivor." And yes, we've already inquired: Cannibalism is against the rules. 8 p.m., CBS.

WEDNESDAY: In network television, the rule is: If you don't have the will to create, just regurgitate. Which brings us to yet another crime-show spin off in "Criminal Minds: Suspect Behavior." Oscar-winner Forest Whitaker stars. 10 p.m., CBS.

THURSDAY: The "Bones" gang investigates the icky death of a wedding planner whose liquefied remains were found in her tanning bed. Let this be a lesson to us all: Never set the knob beyond "medium-rare." 9 p.m., Fox.

FRIDAY: On "Who Do You Think You Are?" Rosie O'Donnell explores her ancestry by focusing on her mother, who died at a young age. Her quest takes her to New Jersey and then to Ireland. 8 p.m., NBC.

SATURDAY: While the Americanized version of "Being Human" is just getting started on Syfy, its British predecessor begins its third season. In the opener, Annie finds herself stuck in purgatory. 9 p.m., BBC America.

Chuck Barney: cbarney@bayareanewsgroup.com

New Trailer And Synopsis Show Us 'The Lincoln Lawyer'

noreply@blogger.com (OursCompany) — Wed, 09 Feb 2011 06:54:00 +0000

Coming up this mid-March we'll be getting a healthy crime drama dose in Brad Furman's "The Lincoln Lawyer." Matthew McConaughey stars in the film, leading on a cast that includes Ryan Phillippe, Marisa Tomei, Josh Lucas, William H. Macy, John Leguizamo and Bryan Cranston.

In the gripping thriller "The Lincoln Lawyer," Matthew McConaughey stars as Michael "Mick" Haller, a slick, charismatic Los Angeles criminal defense attorney who operates out of the back of his Lincoln Continental sedan. Having spent most of his career defending petty, gutter-variety criminals, Mick unexpectedly lands the case of a lifetime: defending a rich Beverly Hills playboy (Ryan Phillippe) who is accused of attempted murder. However, what initially appears to be a straightforward case with a big money pay-off swiftly develops into a deadly match between two masters of manipulation and a crisis of conscience for Haller.

LOS ANGELES CRIMINAL DEFENSE ATTORNEY

noreply@blogger.com (OursCompany) — Sat, 29 Jan 2011 17:46:00 +0000

California Criminal Defense Lawyer

Don't Settle for a Guilty Plea!
I am Ready to Go to Trial Seeking a
"NOT GUILTY" Verdict

If you or someone you know has been accused, charged, or arrested for a crime and need honest, practical legal advice from a reliable criminal defense attorney, call our Los Angeles, California office toll free at (800) 788-8557 to discuss your options. Your initial consultation is FREE.

Your Criminal Defense Attorney Makes All The Difference
Every criminal defense attorney at the Los Angeles Law Office of Stephen G. Rodriguez & Associates focuses exclusively on criminal defense. With over 90 years of combined criminal defense experience, we have a reputation for aggressively representing individuals facing misdemeanor or felony charges. Our ability to analyze and evaluate cases, prepare strong defenses and obtain favorable outcomes is well known. Do not settle for a guilty plea; being charged and convicted of a crime can lead to job loss, a criminal record and jail time.

Here's why we are the right California Criminal Defense Attorneys for you:

You can call us anytime and we will return your call within 48 hours.
We will give you a free initial consultation and figure out what action should be taken.
No case is too big or too small?—we handle criminal cases ranging from simple misdemeanors to serious felonies.
We will attempt to get you out of jail without posting bail or alternatively, we will argue for a bail reduction.
We will not "dump" your case on the 1st or 2nd court appearance by entering a "guilty" or "no contest" plea. Many California criminal attorneys who charge low fees plead their clients out on the 1st or 2ndcourt appearance.
We will attempt to have your case dismissed prior to charges being filed or alternatively, if the case is filed we will attempt to reduce the charges.
If your case goes to trial, we will seek a "Not Guilty" verdict—a criminal defense lawyer who is willing and prepared for trial often obtains a better result than a lawyer who simply "negotiates pleas."
We will keep you informed at all times regarding your case.
We will guide you through the confusing processes of the criminal justice system.
We will attempt to keep you out of jail by seeking sentencing alternatives such as house arrest / electronic monitoring, Community Service, and/or drug rehabilitation and counseling.
We will provide aggressive defense representation from start to finish.

Felony or misdemeanor charges must be addressed promptly and aggressively by an experienced, skilled criminal defense lawyer who understands California law and knows the criminal justice system. Let the criminal defense attorneys of Stephen G. Rodriguez & Associates put their many years of experience to work for you to secure a favorable resolution of your case.

Trial begins in The Case of LAFD Captain Accused of Murder

noreply@blogger.com (OursCompany) — Sat, 22 Jan 2011 16:12:00 +0000

After years of being bogged down in pretrial hearings, jury selection began yesterday and will continue through next week in the trial of David Del Toro, a veteran LAFD fire captain accused of torturing and murdering a 42-year-old woman whose nude, mangled and blood-stained body was found a few blocks away from his Eagle Rock home in August 2006.

At the ninth floor of the Criminal Courts Building on Temple Street downtown, the courtroom of Los Angeles Superior Court Judge Lance Ito—who presided over the O.J. Simpson trial—was crammed with people called to jury duty. Of the 50 jurors present, 27 were excused from jury duty—and potential jurors will continue to report to the courtroom in batches of approximately 50 until a jury is chosen by the end of next week.

"I'm so thrilled we've got 20 to start with," Judge Ito remarked during a break in court proceedings, referring to the court's shortlist of jurors. Del Toro, a rugged, heavy set man with green eyes, was present in the court, dressed in a dark suit. The actual trial—when witnesses will be cross-examined—is scheduled for Feb. 1 and the entire case must conclude by the judge's appointed deadline of Feb. 18.

The case of "People Vs. David Del Toro" has dragged on for years—the past three of which have consisted almost entirely of preliminary hearings. For those associated with the case—or anxiously awaiting a verdict—there's a certain sense of relief that it's finally heading to an end.

"It's not unusual for cases on what we call the high-profile [ninth] floor to take so long, says Los Angeles Deputy District Attorney Robert Grace, the lead prosecutor in the case. "You had a young woman who lost her life under circumstances that should not have occurred—and it has an LAFD connection." The case got "a lot of publicity at the time," adds Grace, "and the facts of the case are extraordinary."

The murder of Jennifer Flores shocked Eagle Rock. In the early hours of Aug. 16, 2006, according to transcripts of police reports and testimony from witnesses in a Grand Jury indictment delivered in November 2006, Eagle Rock resident Brenda Uranga was driving back home after working the graveyard shift at her job—and as she came to the 5100 block of Loleta Avenue, a palm-lined street that slopes upward from Colorado Boulevard to Hill Drive, she saw the partially nude body of a woman lying on the road. Thinking that the woman was drunk, Uranga got out of her car to help, but as she got closer to the body, she realized that the woman was dead or seriously hurt. She called 911 and waited for the police.

The first officers to arrive on the scene were Ivan McMillan and Daniel Rios, assigned to patrol Eagle Rock by the LAPD Northeast Division. It was 1:30 a.m. and paramedics had been there for about a minute. McMillan secured the scene with the help of other officers and then accompanied a team of detectives to a small cottage with a long driveway on 5127 Vincent Avenue, a street parallel to Loleta and about a quarter mile away. The officers observed a red substance that resembled blood pooled lengthwise along the flatbed of a Toyota Tundra truck parked in the driveway of the house.

This was Del Torro's residence, and the LAPD officers knocked on it, initially evoking no response. Mcillian unsuccessfully tried to kick open the door, and when eventually Del Torro opened it he was taken into custody. The officers secured the premises and waited for a search warrant.

For the next eight hours or so, a string of detectives and criminalists visited the crime scene to investigate and collect evidence. The victim was identified as Jennifer Flores, and additional evidence revealed that blood and DNA matching hers was found on the porch of Del Toro's residence as well as in the driveway. Latex gloves, two leather gloves and a piece of rope were recovered from the kitchen sink in the house, as were several items of bloodstained clothing, including a T-shirt in a plastic bag. What's more, a 1989 red Acura Legend (license plate 3JMP967) registered in the name of Jennifer Flores and containing her birth certificate, a resume and a County of Los Angeles form, were found parked in the driveway. Although Del Toro was advised by an LAPD homicide division detective of his right to remain silent, the fire captain participated in a lengthy, coherent interview that was tape-recorded.

Jasmine Uramis, a neighbor who lived directly across the street from 5127 Vincent Ave. and who was 14 years old at the time, told police that she heard what she thought were a man and woman arguing before she went to bed around 12:30 a.m. About 15 minutes after the argument, said Uramis, she heard the sound of screeching tires that appeared to come from the front yard of her residence.

In testimony given to the Grand Jury by a forensic pathologist at the Los Angeles County Coroner's Office, the immediate cause of Flores's death was strangulation, and injuries to the head caused by "blunt force" was a contributing factor. The pathologist, Louis Pena, identified three bruises under the left side of Flores's neck as well as abrasions to the neck. There were also bruises to the forehead, eye area, chin and nose.

Del Toro, who is now 54 years old, retired from the LAFD after his arrest. He has pleaded not guilty to the charges of torture and first-degree murder of Flores, who appears to be an acquaintance of his, possibly someone he met through a mutual friend. The fire captain was initially placed under house arrest. He has been in jail since November 2006, following a Grand Jury indictment for torture, based on testimony by witnesses. Among the witnesses was Monica Gibo, a former girlfriend of Del Torro who had been dating him since they met at the Fire Department Credit Union in March 2001. Gibo told the Grand Jury that Del Toro often got drunk and indulged in physically abusive behavior.

During a Sept. 8, 2001 dinner date, for example, according to Gibo, Del Toro got drunk and when the two started arguing, the fire captain is alleged to have waved a clothes hanger and repeatedly asked Gibo, "Do I need to bitch-slap you?" Later, after hitting her with the hanger and while they were lying in bed, according to Gibo, Del Toro put his hands around her neck and said: "You know how easy it would be to snap your pretty neck?"

Around Christmas that same year, Gibo said in her testimony, she had another argument with Del Torro when she arrived at his house to return the Christmas gifts he had given her. At one point in their argument, according to Gibo, he grabbed her by the collar of her sweatshirt and she felt as if she was being "bounced off the walls in the doorway." She says she then fell to the ground, whereupon Del Toro grabbed her by the leg and dragged her down the hallway to the front door and insisted that Gibo apologize to him because she made him "do things like this to [her]." Gibo said that Del Toro's roommate, Ralph Aragon, who also testified before the Grand Jury and witnessed part of the altercation, told Del Toro to "sleep it off."

On Feb. 25, 2002, while Del Toro was cooking dinner, he poked Gibo in the stomach with a knife and "kept telling me how easy it would be to kill me," Gibo said in testimony to the Grand Jury, adding that Del Toro then laughed. The next day, while she was at Del Toro's house for dinner, the fire captain boasted that "nobody is going to do anything to him because he is Captain David Del Toro," Gibo said in her testimony. That evening, Del Toro pushed and shoved Gibo, waving his fists at her and calling her "weak." When she turned to walk away, Del Toro kicked her in the lower back and "kept saying, 'you're weak, you're stupid—I don't want someone weak and stupid in my life,'" Gibo said in her testimony. When Del Toro tried to get closer to her, said Gibo, she ducked into an alleyway and called 911. In her view, Gibo told the Grand Jury, Del Toro seemed to derive pleasure from such incidents, each one of which was preceded by his drinking alcohol.

Gibo's testimony prompted disclosures by the LAFD that Del Toro had attended 52 domestic violence-counseling sessions in 2003-2004 as well as 43 Alcoholics Anonymous classes. However, in an Oct. 1, 2008 ruling, Judge Ito disallowed Grand Jury testimony from Del Toro's ex-wife, Melissa Dale, who alleged a number of alcohol-related incidents in which Del Toro punched, struck or shoved her, causing her minor injuries, including a 1997 incident that resulted in her filing for divorce and terminating their relationship.

The incidents "shed little if any light upon the defendant's criminal intent or motive in August of 2006," said Ito, agreeing with Joseph Gutierrez, the defendant in the case. Ito said he was concerned that such evidence would be viewed as an attempt at "painting the defendant as a mean drunk who takes delight in bullying and beating defenseless women."

In March 2007, prosecutors told the court they would not seek the death penalty in the case (the Grand Jury indictment for torture, coupled with the murder charge, made Del Toro eligible for the death penalty). "Based upon the criteria our special circumstance committee looks at—background, age, et cetera, et cetera—quite frankly he did not fit into that category of people we'd seek the death penalty for," Deputy D.A. Grace told NBC during the fire captain's March 3, 2007 arraignment in court. The murder charge that Del Toro faces carries a term of 25 years to life in state prison. Defense lawyer Gutierrez declined to make any comments about the case to Eagle Rock Patch until the jury reaches a verdict.

Amid all the attention that this case of savage murder and mysterious delays has received in the media, particularly in some blog forums, there's one key question around which the unfolding trial is expected to revolve: Why would anyone guilty of a crime such as this, let alone an LAFD captain at the peak of his career, dump the victim's body so close to his home?

"That's going to be the defense's argument—that he was too drunk to know what he was doing," says prosecutor Grace of Del Toro and his alleged victim, who was evidently an acquaintance. "But the evidence that he drove with her body in a pick-up truck, dumped her and then tried to clean up the evidence shows that he was in his senses."

Potential jurors screened in trial of former Pico Rivera mayor

noreply@blogger.com (OursCompany) — Sat, 08 Jan 2011 18:34:00 +0000

Jury selection resumed Friday in the trial of former Pico Rivera Mayor Ronald Beilke, who is charged with conflict of interest and perjury.

Once a jury is selected, the prosecution and the defense will present their opening statements which could be next week.

The trial is being held at the Clara Shortridge Foltz Criminal Justice Center in Los Angeles.

Beilke was charged with one count of felony perjury, one count of felony conflict of interest and three counts of misdemeanor conflict of interest. He has pleaded not guilty to the charges.

The perjury count stems from Beilke signing a 2008 economic interest form where prosecutors alleged he undervalued the amount of movie passes he received from

the Krikorian Premiere Theatres.

Beilke reported receiving $240 worth of movie passes in 2008 but actually used $3,464 worth of free movie passes, according to Deputy District Attorney Sandi Roth.

The legal limit for gifts in 2008 was $390.

Beilke was charged with felony conflict of interest because he voted on a contract with Krikorian Premiere Theatres while receiving gifts from the business.

The misdemeanor conflict of interest charges were for voting in the Washington and Rosemead boulevards improvement project. The prosecution alleges he benefited financially from the project because he has a Wienerschnitzel restaurant at 6749 South Rosemead Blvd.

Michael Aguilar, an investigator with the District Attorney's Office, testified during the preliminary hearing last year that city staff didn't recommend the traffic light on Rosemead Boulevard leading into the shopping center where Beilke's restaurant is located, but the city paid for a private survey which recommended the left-turn lane.

Judge won't dismiss Phil Spector legal fee dispute

noreply@blogger.com (OursCompany) — Fri, 24 Dec 2010 18:16:00 +0000

LOS ANGELES (AP) — A jury should decide whether imprisoned record producer Phil Spector should be refunded $1 million he paid to his former criminal defense attorney after his 2003 arrest, a judge ruled Tuesday.

Los Angeles Superior Court Judge Malcolm Mackey rejected a bid by Robert Shapiro's lawyers to have Spector's claims dismissed, saying it would be up to jurors to decide whether the fee was nonrefundable.

The producer and Shapiro, who was a member of O.J. Simpson's defense team, have been sparring over the money for years, with Spector contending Shapiro took advantage of him while he was facing charges for shooting a woman at his mansion. Shapiro has countered that it was clear that the fee was nonrefundable.

Shapiro did the equivalent of $186,000 hours of work on the case, his attorney said, but that didn't matter because the agreement he signed with Spector guaranteed him the $1 million.

Mackey pointedly questioned Shapiro's attorney Tuesday, asking whether the "Wall of Sound" producer received enough of Shapiro's services to warrant the fee.

"You think a million dollars worth of services was done here?" Mackey asked attorney Joel Klevens.

"Absolutely," the attorney responded, noting that Shapiro secured Spector's release on bail and that he remained free until his 2009 conviction.

Klevens also said Shapiro retained a group of experts "that no one else could have assembled." He noted that Spector used 10 attorneys to handle his case between his arrest and his second trial, which ended with the producer being convicted of second-degree murder in the death of Lana Clarkson.

Renowned for his work with musicians such as The Beatles, The Righteous Brothers and The Ronettes, Spector is now serving 19 years to life in state prison. He is appealing his conviction.

His attorney, Michael Dempsey, said he would like to have his client testify if the case goes to trial in March, but said that would be difficult.

"We think he'll pay much better to the jury than Shapiro," Dempsey said.

Klevens faulted Spector for hiring and firing so many attorneys, and said during the hearing that the record producer might not have been convicted if he "had not been a little bit looney."

Klevens declined to comment on Tuesday's ruling.

K-Rod’s Taking One For His Mother

noreply@blogger.com (OursCompany) — Sun, 26 Sep 2010 12:57:00 +0000

His season in hell has taken a twist or two since Francisco Rodriguez's only too-well publicized arrest and, it turned out, decommissioning for the season thanks to a torn ligament incurred while punching out his common-law wife's father. The twists only begin with Rodriguez ducking time in the calaboose.

A judge ruled against jail despite K-Rod's having sent the lady some 56 text messages, most of which prodded for a reconciliation of sorts, several of which accused her family of manipulating her while exploiting his baseball wealth, and all of which violated a court restraining order.

He returned to court Tuesday, slapped with a fresh charge of criminal contempt piling onto the mess that has already put his life with the New York Mets in serious jeopardy. He left court with the understanding that he would see the inside of a cell if he violated it again.

A few further details of the post-11 August loss (to the Colorado Rockies) outburst that started the whole mess in the first place have seeped forth. It may have been one thing for a temperamental pitcher coming off a bad outing to deck his common-law father-in-law, the grandfather of his children, after the older man ordered him to man up and pitch better. But it may have been something else again if Rodriguez swung in defense of his mother, who also happened to be in the Citi Field family room on the night in question.

Rodriguez hadn't taken his lumps in that game — he wasn't even in the game. There has since been whispering that, while the rest of the club had pretty much surrendered hope after the All-Star Break, held their tongues, and put on a professional face that some might consider an unrealistic mask, it still got to Rodriguez — who spent most of his pre-Mets career going where few of his teammates have gone before (the postseason, that is) — a little more deeply.

But he returned to the clubhouse after that loss and, when Carlos Pena (no known relation to the ballplayer of the same name) jabbed at him verbally, Rodriguez's mother stood up for her son, admirably enough. According to the New York Daily News, it was when Pena ordered the woman to shut up that K-Rod lost it entirely.

He thundered to the old man that neither he nor anyone else talks to his mamithat way, and proceeded to support that assertion with a shot in the head.

No one pretends Rodriguez has lacked for issues of self control since he signed with the Mets, after a distinguished, record-setting career with the Los Angeles Angels that only began when he came up, seemingly from nowhere, and made his bones as a postseason assassin during the Angels' staggering run to their first World Series ring almost a decade ago.

But even the least composed of men would seem to have a right to stand up for his mother. It's one thing to get into your own grille over a night on the job that isn't quite the kind of night for which you earn your keep, but it's something else again to get into your mother's grille when she's doing precisely what you would do yourself, once hopes, should it be your child under siege.

These are times in which even parents get thrown under the proverbial bus when their children find themselves cornered and desperate. Issues though he has, there is something disturbingly admirable about the idea that Francisco Rodriguez might have put everything he has on the line and maybe even thought, subconsciously, the hell with all that, on behalf of sticking up for his mami.

For a little perspective, compare Rodriguez's scenario to this: Three Metsdidn't join the team when they visited Walter Reed Army Medical Center during the Mets' recent stand against the Washington Nationals. These are the reported reasons: Luis Castillo said he gets squeamish in the hospital; Carlos Beltran begged off because he was already committed to a meeting involving a Puerto Rican high school he's building; Oliver Perez simply replied that it was none of anyone's business why he didn't go.

Those three may not lose half of what Rodriguez stands to lose, on or off the field, whether or not they remain Mets beyond this season. (Pace Mike Lupica, it is reasonable to assume that a man who'd stand up for his mami, even against his common-law father-in-law, is a man who would not be squeamish, prior committed, or otherwise talked out of visiting the wounded in a military hospital were he allowed to continue team activities.)

In theory, K-Rod can recover his reputation and his career with only a few small contortions, depending on what becomes of the Mets' bid to convert his contract to non-guaranteed or the Players' Association's bid to thwart the Mets. Recovering his household may prove a lot more arduous.

His estranged common-law wife and her father have legal counsel, and enough of the drift of the now-contentious text messages expressed Rodriguez's anxiety that he has lost his children. If the Daily News has the background right, he would be something less than human if he wasn't trying to reconcile the peculiar idea that standing up for your mother can cost you your children.

Judge Orders Man Freed in a Three-Strikes Case

noreply@blogger.com (OursCompany) — Sun, 12 Sep 2010 16:09:00 +0000

The case has been widely cited by those pushing to change the law, including civil rights activists and the Los Angeles district attorney, as an example of the kind of heavy-handed sentencing it can lead to.

Judge Peter Espinoza of Superior Court, who ordered the release, said convictions under the three-strikes law — which calls for heavy sentences for a third conviction — had often brought "disproportionate" sentences and "resulted in if not unintended, then at least unanticipated, consequences."

Several of Mr. Taylor's relatives attended his hearing Monday afternoon.

Mr. Taylor, 48, is one of 14 California inmates who have been resentenced since students working on the Three Strikes Project at the Criminal Defense Clinic at Stanford Law School began reviewing cases in 2007, said Michael Romano, a law professor who helped found the clinic.

Gov. Pete Wilson signed the law in 1994. Twenty-four states have similar laws, according to the Sentencing Project, a national defense advocacy group.

In 1997, Mr. Taylor was homeless and sleeping at a church in downtown Los Angeles. One night, he tried to pry open the doors of the soup kitchen there because he was hungry, he told the police at the time. Judge James Dunn sentenced him to 25 years to life under the three-strikes law. In 1984 and 1985, Mr. Taylor had committed two robberies to support his crack cocaine and heroin addictions. He had no weapons during those robberies, and nobody was injured, according to case records.

Law students are reviewing about 20 more three-strikes cases, said Reiko Rogozen, a student who worked on the Taylor case. The cases are chosen based on letters from inmates, or are selected from a list presented by District Attorney Steve Cooley of Los Angeles as some of the harshest sentences under the law. Mr. Cooley often spoke of Mr. Taylor's case in his 2000 campaign for district attorney against Gil Garcetti, who supported the law.

"Some have come off that list because we know Cooley may be sympathetic to those," said Gabriel Martinez, who worked on Mr. Taylor's case. "We want to start influencing case law and hopefully the overall policy so it no longer gives life sentences for nonviolent offenses."

On Monday, Mr. Taylor's relatives erupted in applause after Judge Espinoza ordered that he be released for time served. Ms. Rogozen put a hand on Mr. Taylor's shoulder. He nodded and said quietly, "Thank you for giving me another chance."