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Paramedics Contaminated Crime Scene in Monte Sereno Millionaire Slaying

Until recently, there was really only one suspect in the November murder of Ravi Kumra, former owner in a Saratoga vineyard and entrepreneur – Lukis Anderson (26) of San Jose, whose DNA was found in the slain millionaire’s home. For months, local law enforcement officials, prosecutors, and defense attorneys alike have tried to figure out how Anderson could have been in two places at once – both black out drunk in a hospital and in the midst of murdering Kumra, whose home was far away.  New evidence suggests, however, that there is no mystery at all.  In point of fact,...

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Dying Declaration Exception Used in Suisun City Stabbing Case (CA Evidence Code §1240 – §1242)

The victim in a stabbing on Worley Road in Suisun City managed to give local law enforcement officials the name of her attacker before expiring.  After an argument on the 1300 block of Worley Road, the unnamed target was stabbed repeatedly.  Police have yet to release the name of the suspect, but are on his or her trail.This brings up an interesting legal question, namely whether or not utterances that would normally be considered inadmissible in court because they are considered hearsay could be admitted because they are “dying declarations.”According to California Evidence Code, hearsay (statements uttered by persons who...

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Assault in San Francisco Excelsior Neighborhood (CA Penal Code §240)

It could have happened to anyone.  The weekend arrives and you decide to go out for a quiet beer with some friends.  What you don’t expect is to be accosted for refusing to give someone a sip of that hard-earned beverage.  Yet, this is exactly what happened in San Francisco Excelsior neighborhood this past weekend.  A man, was standing outside of a local watering hole when he was approached by another individual, who wanted a taste.  When the beer-drinker refused, the stranger took the bottle from him, hit him over the head, and stole his cell phone.  The assailant may...

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Released Santa Rosa Parolee Arrested within 24 hours (CA Penal Code §1203)

Being released from prison is certainly something to celebrate – but not if it means going right back to jail.  This didn’t stop 32-year-old Angela Angerman, who upon being released, immediately set out to violate the terms of her felony (or ‘formal’) probation by getting drunk and driving a 1998 Ford Mustang into a parked car, a tree, and then a home on Keoke Court.  Despite this self-created obstacle course, Angerman managed to drive the car for another several blocks before noticing that at least two of the Mustang’s tires were flat and was caught by police officers as she...

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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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Hoang Brothers of Fremont Accused of Web Priacy (CA Penal Code §653)

Many of us have laughed at FBI warnings for years.  We settle in to watch a favorite Blu-ray or legally downloaded movie and it appears: the message about movie piracy: “You wouldn’t steal a handbag…You wouldn’t steal a car…Illegally downloading movies is stealing.” Some newer discs even include fast-paced public service announcements with what is meant to be ‘trendy’ music and an outdated ‘90s vibe. These have been spoofed on the Internet and television so many times that they have become a joke.  However, for three brothers in Fremont (Hop, Tony, and Huynh Hoang), it would have been wiser to...

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DUI with Fatalities Leads to Conviction of UC Berkeley Grad Student (CA Penal Code §191.5)

25-year-old UC Berkeley graduate student, Jose Lumbreras, was speeding through a residential area near Allston Way and California Street when he crashed into a tree last year, killing his two passengers: Milanca Lopez (22) and her son (6-year-old Xavier Chavez).  At the scene, Lumbreras’s blood alcohol content was 0.219 and he had been driving at least 64 miles per hour.  Lumbreras was recently sentenced to 6 years on state prison on charges of gross vehicular manslaughter while intoxicated. Lumbreras will most likely never finish his graduate degree in ethnic studies. CA Penal Code §191.5 covers vehicular manslaughter while intoxicated. When an individual has...

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Accused’s Right to Privacy Questioned in San Francisco Robbery (CA Penal Code §211)

When it comes to police searches, there are very specific rules across the country and in the state of California (4th Amendment, U.S. Constitution).  The law attempts to create a balance between the rights of citizens and the rights of law enforcement agencies.  Yet, in the current age of technological advancements, including cellular phones, some of the traditional ways that law enforcement officials gather evidence in criminal cases have recently been brought into question.  When can anyone have a reasonable expectation of privacy in police searches? In San Francisco, in 2009, a couple was robbed at gunpoint (CA Penal Code §211)...

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San Francisco Results of 10 Years Data Report of Racial Profiling in Marijuana Arrests

Just last week, the American Civil Liberties Union released the analyzed data from their study on racial profiling in marijuana busts in San Francisco.  The results may astound some of you; to others, the reveal wasn’t surprising at all.  Though they have officially denied these allegations, the actions of the San Francisco Police Department over the last decade or so have been called into question, at the very least. The data comes from a national study done over the course of the years 2001-2010, not just one solely concerning San Francisco, which turns out to be the leading city when it...

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