Articles tagged with: defense victory

Three Cheers for Prop 47!

Written by Grace Ayers on Tuesday, 04 November 2014. Posted in News

Californians Vote To Reduce Sentences For Minor Crimes

If you live in the State of California, you have no doubt been bamboozled with an onslaught of political ads for all the Propositions on the ballot at tomorrow’s election. One initiative that has received somewhat less coverage is Proposition 47, “Criminal Sentences. Misdemeanor Penalties. Initiative Statute.” This Proposition, if enacted, will make certain drug and property crimes misdemeanors instead of felonies, greatly reducing the amount of incarceration required for such a conviction.

My suggestion is to VOTE YES ON PROP 47! Here’s why:

1. MONEY: Prop 47 will save us loads of money; according to the State website, savings would be “potentially in the high hundreds of millions of dollars annually.” There would be 3,000 fewer people who are convicted of low-level crimes sent to State Prison each year, along with thousands fewer sent to County Jail. So the financial benefit extends not only to the State, but also to Los Angeles County, which has long suffered from grave budget deficits.

2. CRIME PREVENTION: According to the State website, savings resulting from the measure will be “used to support school truancy and dropout prevention, victim services, mental health and drug abuse treatment, and other programs designed to keep offenders out of prison and jail.” In other words, instead of spending millions per year in locking people up, the State will have more money to invest in our youth and in programs that help keep them on the straight and narrow before they go down that dark path of drug abuse.

3. EXEMPTIONS: The Proposition does not apply to defendants who have a prior conviction for a “serious or violent crime” nor will it apply to sex offenders. So if you are concerned about drug dealers being put back on the street, chances are this law will not apply in that type of case. Also this proposition does not apply to crimes of violence against a person, so if someone is injured or killed during the commission of a crime, there would be no leniency given as a result of Prop 47.

Prop 47 would also allow those who are already incarcerated under the applicable sections of the penal code to petition for resentencing. This too would free up a huge amount of State funds to be re-appropriated to other areas in the State’s budget. Moreover, Prop 47 would allow those who have already served out their felony sentence to petition the court to have their felony conviction reduced to a misdemeanor (and thereafter expunged), which would renew their voting rights and greatly increase employability.

Overall, Prop 47 seems like a great idea and I strongly encourage all Californians to vote YES ON PROPOSITION 47!

For more specifics on Prop 47, see: http://www.voterguide.sos.ca.gov/en/propositions/47/analysis.htm
See also: http://www.prop47impacts.org

For more information on the other ballot initiatives, see: http://www.voterguide.sos.ca.gov/en/propositions/

Errant Arias Juror Dismissed 3 Months Into Murder Trial

Written by Grace Ayers on Thursday, 04 April 2013. Posted in News, People

Juror #5 Escorted Out of Court In Tears After Defense Alleged Misconduct

I can no longer resist the urge to write about this Casey-Anthony look alike murder trial in the case against Jodi Arias. Earlier this week, Juror #5 was dismissed and escorted out of the courthouse in tears. This, after the defense made a motion to dismiss the miscreant juror for alleged misconduct and a motion for mistrial. The former was granted and the latter denied.

There were a total of 18 jurors hearing the trial, including alternates. Ultimately, a panel of 12 will make the decision. Arias could face the death penalty if convicted. She is accused of killing her ex-boyfriend back in 2008 and claims she did so in self-defense.

Why Was Juror #5 Dismissed?

jodi arias trialJuror #5 has been described as being a particularly attentive juror who took copious notes throughout the trial. So what did this errant Arias juror do? She made statements that showed bias, or her inability to be impartial, in the presence of other jurors. The records are sealed, so we are left to fill in the blanks as to what was actually said. (At least until the gag order is lifted and Juror #5 releases her “exclusive” interview with every news station that will take her.) Anyway, Judges are not quick to dismiss jurors, especially those who have already spent three months serving on a long cause trial. In other words, Juror #5’s statements must have been pretty egregious to have led to such a ruling.

Prosecutor’s Publicity Parade

What troubles me is the manner in which this misconduct was revealed to the defense. Counsel for Arias was questioning the Prosecutor, Mr. Juan Martinez, about his signing autographs and posing for pictures outside the courthouse. It was during that publicity melee that prosecutor Martinez overheard Juror #5 make the statements indicating her bias, he told defense counsel. The defense also made a motion to dismiss based on prosecutorial misconduct. The motion was denied but as a result, jurors were called into court one by one to be questioned about what they had seen of Martinez’s tryst with the press.

Not only do her actions form the basis for her own dismissal, but what Juror #5 pulled will also be scrumptious grounds for an appeal on the grounds that other jurors, who were present at the time of the statements, were likewise biased and unable to render an impartial verdict. That, coupled with the prosecutor’s participation in the whole charade, would certainly give me pause before accepting the validity of this jury’s verdict.

A breakdown of the evidence in the Jodi Arias trial coming soon!

UPDATE: Casey Anthony Gets Two of Four Convictions Overturned

Written by Grace Ayers on Saturday, 26 January 2013. Posted in News, People, Press

Florida's Fifth Circuit Grants Appeal Based On Double Jeopardy

Guess who’s back in the news – the accused from my favorite celebrity trial, Ms. Casey Anthony!  She was found not guilty of all homicide-related charges back on July 6, 2011, after a jury trial that drew massive media coverage.

 

 Casey Anthony's Appeal

Although she was absolved in the death of her daughter Caylee Anthony, she was convicted of four misdemeanor counts for lying to law enforcement during the investigation. Now, two of those convictions have been overturned by the Appellate Court; Florida’s Fifth Circuit agreed with Anthony’s lawyers, that the numerous counts for an ongoing act violated double jeopardy laws. Anthony’s other arguments, related to ‘Miranda’ warnings and the vagueness of state law, were both rejected by the court.

Lifetime Does Casey Anthony, Rob Lowe Prosecutes

I couldn’t help but watch the Lifetime Movie “Prosecuting Casey Anthony,” documenting…you guessed it, the prosecution of Casey Anthony, from the perspective of Florida Prosecutor, Mr. Jeff Ashton. Led by sexy Rob Lowe, the film showed how confident – nay cocky – the prosecution was in the success of their case, never once considering the possibility of Casey’s innocence. Should you see it? Only if you’re a nerd like me and enjoyed getting caught up in the Casey Anthony trial nearly two years ago. It’s interesting but far from cinematic genius.

Where is Casey Anthony Now?

Under the terms of her probation, Casey had to stay in Florida for one year after her release from custody. She has since completed the term of her probation and as of August 2012, could be just about anywhere. Turns out there are Facebook pages and other sites claiming to track Casey or report sightings of her, but most seem to be yet another forum for people with poor grammar to talk sh!t. Truth is, I hope she stays in hiding and avoids the threatened violence of the ignorant yahoos on these sites.

Casey Anthony first “resurfaced” back in October 2011, when someone posted her video blog (“vlog”) on YouTube. Here it is.   It’s 4 minutes and 20 seconds in which Casey Anthony appears in a white tank top and glasses, talking about her computer, her love for personal ownership, and the dog she adopted. She does not mention Caylee or the trial at all, and only notes “it’s just a little surreal how much things have changed since July…and how many things haven’t changed,” no doubt referring to her Not Guilty verdict.

MURDER CHARGES DROPPED: Tennis Ref Wins Match Against Prosecution

Written by Grace Ayers on Saturday, 01 December 2012. Posted in News

Case Against Lois Goodman Dismissed, Insufficient Evidence

On Friday, the prosecution’s case crumbled against professional tennis umpire Lois Goodman, leading to all charges being dismissed. Goodman was accused of murder after the death of her 80-year-old husband, Alan Goodman, earlier this year.

According to the Los Angeles Times, LAPD first agreed with Lois Goodman’s account of the story, that her ailing husband had fallen down a flight of stairs. A few days later, the coroner’s office claimed that a wound to Alan Goodman’s head was consistent with having been struck with a sharp object. Homicide was alleged and suspicions turned to Lois.

Now, it appears as though the authorities have come to their senses and dropped their case against the 70-year-old grandmother, who has had to face an awful ideal after the death of her husband. One of Goodman’s lawyers, Alison Triessl, is a friend and colleague of mine. Among other things, Triessl was able to show that Lois Goodman suffered from various physical ailments that prevented her from being capable of the brutality alleged by the district attorney. The prosecution’s case was also lacking in motive, and an independent medical examiner concluded that the wounds suffered by Alan Goodman could very well have been caused by an accident. One expert also found that Goodman was likely to have died from heart failure, citing the fact that Goodman’s heart was four times larger than a normal heart.

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