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Lewd Conduct Filmed on BART Train (CA Penal Code §647)

The Bay Area Rapid Transit system (BART for short) is meant to be a family-friendly transportation alternative for people who live in the area. However, a one-minute long amateur pornographic video filmed on one of the trains has BART officials worried that the public will lose faith in its safety and security.  The very short film was made while the train was in motion.  Police believe that the half-dressed couple engaging in sex were in a seat near the rear of a train car, that the footage was taken whilst the train was going through a tunnel, and that the...

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San Jose Police Officer Arrested for Possession of Sexually Explicit Photos of Minor

In an age where technology rules the day – for law enforcement officials and for average citizens – Facebook and other social media sites have come to be fruitful places for evidence against individuals who have been accused of inappropriate conduct with minors.  The latest of these cases comes from Santa Clara County, where a San Jose police officer has been arrested on two felony counts of this kind – 1) possession of sexually explicit photographs of a minor girl and 2) for communicating with this same minor girl in an attempt to gain sexually explicit photographs. Anthony “Tony” Fregger has...

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Elderly Man Accused of Vandalizing Trees in San Francisco’s Golden Gate Park (CA Penal Code §594)

When someone says the word “vandalism,” it usually conjures up images of graffiti or the destruction of public property like signs or private property like vehicles.  However, when the public property in question is a tree like the ones in Golden Gate Park, it seems odd to call it “vandalism” when someone alters a living thing – yet, it is.  Under CA Penal Code §594, public parks are included in “damaged property” and 65-year-old Ken Frisch has been accused of having done just this.  He was ticketed near the Chain Lakes and John F. Kennedy Drive for purposefully wrecking park property,...

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Los Angeles County Contests Relocation Release of Repeat San Francisco Sex Offender

62-year-old Christopher Evans Hubbert, a serial rapist, has recently been released from the custody of the state prison hospital at Atascadero.  He had been in prison for a period of 7 years, after which he was paroled.  Hubbert then moved to the Sunnyvale area where he got up to his old tricks again.  He averaged over 2 victims per month in 1981, for a total of 23 women attacked.  Hubbert was convicted of forcible oral copulation (CA Penal Code §288(a)), rape (CA Penal Code §261), false imprisonment (CA Penal Code §236), and sodomy (CA Penal Code §286), in three different counties at...

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East Bay Paralegal Caught Stealing From Law Firm (18 USC, Chapter 63)

San Lorenzo’s 42-year-old Ana Reyes is not an attorney.  She has never attended law school and never passed the Bar in any state of the union.  Reyes did, however, work for an attorney in with law offices in both Union City and Alameda– Brian Ching.   For 15 years, she managed the office, acted in a secretarial capacity, and did paralegal work. By all accounts, everyone in the office trusted her. Yet, Reyes managed to steal approximately $327,000 from her employer. How did she manage this?  First, Reyes pretended to be a lawyer, handling clients that Ching never knew about and keeping the legal...

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Poisoned Meatballs Give San Francisco Pet Owners Cause to Worry (CA Penal Code §596)

It sounds like the beginning of a bad B-horror movie or a cruel prank.  Poisoned meatballs have evidently been left in various public areas in Diamond Heights and Twin Peaks – ostensibly with the purpose of causing serious harm to local pups and other pets.  One dog even had a close brush with death after having ingested one of these meatballs on its morning walk. No one yet knows what kind of poison will be found in the cooked meatballs – some of which were found near Crestline Drive and others at Burnett Avenue – or why someone seems to be...

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Federal Government V. California: Marijuana Dispensary Closing Postponed

Since the passage of California State Senate Bill 420 (S420) and Proposition 215, citizens of the state of California have been able to control and alleviate the symptoms of many debilitating diseases, such as cancer, depression, anxiety, HIV/AIDS, certain neuromuscular diseases, and a myriad of other health problems using marijuana as medicine.  However, this has not prevented the Federal Government from continually harassing medical marijuana dispensaries and cooperatives around the state, considering that possession of any amount of marijuana is still a felony according to federal law.  Recently, this fight has yet again been brought to the forefront – pitting U.S....

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Reexamination of Evidence Leads to Prison Release of Modesto Man Convicted of Arson (CA Penal Code §451 )

72-year-old George Souliotes was convicted of arson (CA Penal Code §451 – malicious arson) and murder (under the “felony murder rule”) over 16 years ago.  Though he maintained his innocence in the incident – the deaths of three of his tenants in an apartment building he owned (6-year-old Daniel Jones, 3-year old Amanda Jones, and their mother Michelle, 31).  Witnesses in the original case testified that Souliotes harbored animosity toward the family, who he was trying to evict.  Evidence at that time included the presence of a particular chemical on his shoes and at the scene and undependable eyewitness testimony...

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Violation of Fourth Amendment Rights in Los Angeles County

The Fourth Amendment to the United States Constitution is one that many people are familiar with – it is the portion of what is known as the “Bill of Rights” that prohibits searches and seizures that are not reasonable.  It also requires probable cause for the issuance of warrants.  Part of the Fourth Amendment (the portion on unreasonable seizures) includes arrests.  An individual cannot, for example, be placed in custody in the back of a law enforcement vehicle for minor violations or infractions. Yet, this is exactly the type of thing that has become routine in some desert cities on the...

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Oregon University Graduate Murdered in Emeryville (CA Penal Code §187)

In mid-June, Sacred Heart Prep School and University of Oregon sociology graduate 22-year-old Aya Nakano was on his way home from a friendly game of pick-up basketball when he was involved in a fender bender on Market Street near the corner of Stanford Avenue.  His silver Jeep Cherokee was rear-ended by another silver car, a four-door sedan. The drivers of both vehicles did exactly as they should have, as all good citizens do – they exited their vehicles to speak to one another, ostensibly to exchange insurance information and to discuss the minor accident.  However, an argument of some kind...

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