Sex Crimes

Criminal Charges vs Mental Health: Naked Acrobat Display at San Francisco Bart Station

When 24-year-old Yeiner Garizabaldo (known as Yeiner Perez to his friends) is the name of the naked acrobat who has been charged on at least two felony counts of false imprisonment (CA Penal Code §236), a misdemeanor count of sexual battery (CA Penal Code §243.4) , and four misdemeanor counts of battery on public transportation property (CA Penal Code §240-248).  What could a young, professional acrobat have done to face such allegations?  Most of us have heard the story – Perez was in the middle of rehearsal for a show at the Stage Werx Theatre when his friends noticed that...

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Fremont Teacher’s Recipe Web Search Ends in Molestation Charges (CA Penal Code §288)

63-year-old Michael Shoop’s living nightmare began 10 years ago, when he was arrested on child pornography charges and then sentenced to one year and one day in federal prison.  His defense?  The images showed up on his computer after he did a search on the Internet for recipes to make an asparagus dish.  What does asparagus have to do with child pornography? Evidently, the word is a slang term for a young boy’s genitals.  So, Shoop was convicted of the charges, served his term, and made a deal with the authorities – he would register as a sex offender and...

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Richmond High School Gang Rape Draws Attention (CA Penal Code §261)

It sounds like the beginning of a 1970s horror flick based on a Stephen King novel. A 16-year-old girl leaves the safety of the crowd at an innocent Homecoming dance and ends up incoherently drunk and crumpled under a picnic table, dress askew and a trail of grisly pieces of evidence – a high-heeled shoe, a used condom, and a pair of underwear ripped to shreds.  What happened to the unnamed victim may never be known.  She was approached by a classmate after the dance who asked her if she wanted to “party” with some of his friends. What she...

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Rio Linda Woman Sentence to 192 years for Child Molestation (CA Penal Code §288)

40-year-old Rosemary Eusted was sentenced to 72 years + 120 years to life for the ongoing molestation of at least four children over a period of several years.  Two were girls that spent time in her home and were 6 and 7 years old when the molestation occurred in 1997.  Then, in 2005, Eusted molested two additional victims (5-10 years old) in Placer County.  It is only in recent years that Eusted’s victims have felt comfortable enough to come forth, fearing her violent nature and threats.  In the case before the Sacramento Superior Court, all victims testified and Eusted was...

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24-YEAR OLD MADERA COUNTY MURDER CASE REMAINS UNRESOLVED (CA Penal Code §187)

In 1989, then 20-year-old Michael Pizarro became famous – for all the wrong reasons.  He was accused, and then convicted, of sexually assaulting and then murdering (CA Penal Code §187) his 13-year-old half-sister, Amber Barfield.  24 years later, no one can be sure whether or not Pizarro did it. On the one hand, there is a good bit of circumstantial evidence to link him to the crime and, on the other hand, there’s no real proof to be spoken of in the case.  The latest issue, in Pizarro’s third trial on the matter, is the fact that a juror used...

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Vacaville High School Teacher Accused of Lewd Acts with a Minor (CA Penal Code §288)

After several interviews and checking the text messages on the phone of a young girl, a warrant was put out for the arrest of Rodney Orosco, 47, an English teacher at Vacaville High. Orosco turned himself in to authorities upon learning of the warrant, but it remains to be seen whether he acted in a manner inappropriate enough to justify the charges against him. In the state of California, Penal Code §288 covers “lewd acts with a minor” and, in cases like that of Orosco, the mind of the public goes to the worst possible places – that the child’s sexual...

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California Supreme Court Decides to Split Families When There is No Prosecution of Sexual Abuse (CA Welfare & Institutions Code §300)

In Los Angeles County, a man known to the public only as “J.J.,” was accused of molesting his 14-year-old daughter.  Even though the girl later recanted and her father never prosecuted, a juvenile court judge decided that sexual abuse had occurred in the home and took 5 children away from their father, according to CA Welfare & Institutions Code §300. Child abuse – especially sexual abuse – is a serious matter and children who are at risk within their own homes certainly ought to be removed and offered an alternative, safe place to grow up.  But what happens when the father in a family...

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Former Granada High School Teacher Found Guilty of Molestation of Student (CA Penal Code §11164 – §11174.3)

Marie Johnson, 42, has taught math in the Livermore area for more than 13 years. But after pleading no contest to 9 felony charges of molestation relating to her extended connection with a 14-year-old male student, she will spend a good bit of her time in prison and most likely never teach again.  For four months spanning from December 2010 to May 2001, Johnson and the young boy carried on a sexual relationship.  It began with seemingly harmless messaging through social media like Facebook and Words With Friends, along with text messaging.  The two had sex a number of times...

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Juveniles Arrested in Pott Case will not be tried as adults (CA Welfare & Institutions Code §602(b);707))

When 15-year-old Audrie Pott took her own life this past September, it was, her mother claims, it was the fault of 3 boys who sexually assaulted Audrie at a party, then shared pictures of the assault with the entirety of her Saratoga high school.  Each of the boys involved were arrested for 1 misdemeanor and 2 felony counts each, including charges of sexual assault, penetration with a foreign object, and possession of child pornography.  In September, the 3 were removed from the Saratoga High School football team, but not expelled from school as the assault happened away from school grounds...

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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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