Other Crimes

Former Juvenile Housed by CYA Kidnaps 7-Year-Old Girl in Sacramento (CA Penal Code §288)

Now 25 years old, Cedric Holland has a history of upsetting the Sacramento legal system.  7 years ago, Holland was convicted on an offense that eventually led to his being on the California sex offender registry – (CA Penal Code §288).  He was handed over to the California Youth Authority (CYA), which is now known as the California Division of Juvenile Justice (DJJ).  In May of this year, he kidnapped a 7-year-old girl who was walking with her mother near 54th and 47th in the early afternoon hours.  The girl was somehow taken from her mother, stuffed in the trunk...

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Valley Springs: 12-year-old Arrest in Leila Fowler Murder (CA Penal Code §187(a))

When Leila Fowler (8) was found stabbed to death in the kitchen of her family’s ranch style home, it was her brother (12) who seemed most upset.  Now, the young boy has been arrested in connection with the case pursuant to CA Penal Code §187(a), even though there seems to be little evidence to support this.  By all accounts, including the testimony of the children’s mother, the Calaveras County Sherriff’s Department is grasping at straws.  The boy’s original testimony was that a strange man with silver hair had broken into the home, killed Fowler, and run – that his sister...

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Defense Attorneys Now Better Positioned to Assist Clients

The state of California has learned a bit of a lesson from history.  Recently, a Second District Court of Appeals decision has strengthened the defense attorney-client relationship by making it almost as airtight as a therapist’s relationship with their patient.  It could be argued that this debate has been ongoing – at least since the 1974 and 1976 Tarasoff v. Regents of the University of California I & II.  In what came to be known as the “Tarasoff Case,” a fellow student from India – Prosenjit Poddar, murdered a young woman by the name of Tatiana Tarasoff.  Although Tarasoff had...

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California Death Penalty Senate Bill Rejected SB779

Thankfully, reason has prevailed in the state of California and a bill backed by the California District Attorneys Association (SB779) and written by Senator Joel Anderson (R-Alpine; San Diego County) that would have shortened death penalty appeals and reinstated the gas chamber as a means of capital punishment.  The bill was defeated at the Public Safety Committee stage with a 5-2 vote.  The authoring of this bill seems to be a reaction to the November 2012 ballot measure to repeal the death penalty in California altogether – which experienced a narrow defeat.SB779 would have seriously limited the number of appeals...

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Attempted Carjacking in Greenbrae (CA Penal Code §215(a))

As Tina Humphrey (52), a contractor from Mill Valley, went about running errands in the Bon Air Shopping Center, it’s a good guess that becoming the victim of a carjacking was the last thing on her mind.  But, when Jeffrey Boyce, a Coos County man, came up to her as she was getting into her pickup truck, all of that changed in a split second.  It seems that Boyce was attempting to steal a car in order to reach the Russian Consulate in San Francisco as he bent Humphrey’s ear about a number of conspiracy theories he wholeheartedly believed.  Humphrey...

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“Protected Person” California clause Leads to Elevated Aggravated Battery Charge in San Bruno (CA Penal Code, §243(b) & §243(c)(2))

Many of us remember the natural gas explosion that killed 8 people and ravaged 38 homes in San Bruno in September of 2010.  What many people may not know is that when a motorcyclist, 36-year-old Paul Lee, drove down to see the spectacle, he would be arrested on 3 felony counts: battery of an officer, assault on an officer, and evading the police (CA Penal Code §243(b) & §243(c)(2)).It seems that local law enforcement officials who asked them what they were doing at the site, and for some identification, stopped Lee and his girlfriend.  When Lee began to drive away,...

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Knowledgeable Attorneys and Judge required to handle Molestation jury trial (CA Penal Code §11165.1(A))

We all know that the justice system doesn’t always work the way that it should. The work of Project Innocence has proved this to be true – juries don’t always understand their instructions or the evidence before them.  But in the case of Valentin Carbajal, a man accused of molesting both his stepdaughter and daughter, CA Penal Code 11165.1(A), it was the judge who made a bad matter worse.  In 2007, Carbajal was tried on 3 counts of molestation concerning his stepdaughter. The jury involved was asked to determine whether he was also guilty of 9 other charges concerning his actual...

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Child Abduction and Kidnapping Laws in California

11-month-old Gabriela Quintero had a happy reunion with her mother nearly 5 hours after she was taken from their home in Amador Court.  Quintero’s mother had just placed her daughter into their jeep and run back into the house for some packages when the vehicle was stolen- with young Gabriela in the back seat.  The car, and the baby girl, was eventually found in Amargosa Court – nearly 6 miles from the abduction site.California laws concerning kidnapping are covered under Penal Code, § 207, 208, 209, & 209.5.  Here, kidnapping is defined as moving another person a substantial distance without...

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