Recent Results for Summit Defense Criminal Attorneys

Murder Charges Dismissed against San Carlos Doctor – San Jose Superior Court

Our client was charged with assault with deadly weapons as well as attempted murder after a shooting incident involving a family member.  Attorney Richard Weese was able to arrange for bail and convinced the District Attorney not to file charges three weeks later.

Federal Mortgage Fraud  – Not Guilty verdict at trial

FEDERAL JURY ACQUITS TWO IN MORTGAGE FRAUD CASE: USA V LOUDERMILK AND MARSHALL

An Eastern District of California federal jury in Sacramento, on Thursday, March 26, 2015, acquitted two defendants, Deborah Loudermilk and Buena Marshall, of mail fraud charges arising out of allegations of their having participated in a 2006 mortgage fraud scheme.

In the prosecution of the case, the government presented 26 witnesses and more than 300 exhibits. Unconvinced, the jury took slightly more than one day to acquit the defendants of all six of the charges against them.

Loudermilk was represented in the case by Summit Defense Attorneys Senior Trial Counsel James Reilly, a former Orange County prosecutor who has been practicing criminal law for more than 39 years. Marshall was represented by Attorney Mark Reichel of the Sacramento law firm Reichel & Plesser. Reichel is a former federal public defender with more than 23 years experience in criminal defense.

It was also the first time in his 23 years on the federal bench that Judge Garland E. Burrell, Jr., had presided over a trial in which the defendants were acquitted. 

It took more than 8 years to get the case to trial because the allegations were not even investigated until early 2010 and charges were not filed until October of 2011.

During the more than three years that the case was pending, four of the original six defendants entered into “cooperative” plea agreements, by which they agreed to testify against the remaining defendants.

Among the prosecution witnesses were five convicted felons, including the four former co-defendants. In his closing argument, Loudermilk’s attorney characterized the presentation of these witnesses as a “parade of the horribles”. In a discussion with the attorneys after the conclusion of the trial, a number of the jurors agreed, indicating that they had given little credence to the testimony of the convicted felons.

Reilly’s closing argument also called the case the story of “Debbie v. Goliath”, noting that it was investigated by both the FBI and the IRS. The government was represented in court by three Assistant US Attorneys, a US Attorney’s paralegal and an IRS Special Agent. Despite the government resources invested in the case, he characterized the investigation against his client as inadequate and a rush to judgment. In particular, he noted that the investigators failed to record interviews with the suspects and ignored exculpatory evidence provided by Loudermilk.
Jurors found the failure to record the interviews significant because Loudermilk testified that she did not make incriminating admissions described in the summary report prepared by the investigators and testified to in court by the IRS investigator. As a result, jurors indicated that they gave equal weight to the testimony of the investigator and Loudermilk, and therefore disregarded the purported admissions.

The jury foreman also indicated that the government had done a good job of proving the case against those who had already pled guilty, but that the investigation had “cast too wide a net” in ensnaring Loudermilk and Marshall, who were real estate agents in the six purchases at issue.
The case was charged as “mail fraud” because interstate mail services were used to send documents involved in the scheme, which was conceived and executed primarily by two of the co-defendants, Kadesta Harris and Temika Reed. The two received the bulk of the approximately $200,000 in “cash-back-to-buyers” payments that resulted from the six purchases.

Loudermilk testified in her own defense, denying that she was aware that fraud was being committed or that she had any intent to defraud either the sellers or lenders involved in the two transactions in which she was served as an agent. Marshall did not testify, but Reichel in his argument contended that the evidence also failed to prove her participation in the scheme to defraud or that she had intended to defraud anyone.

In the end, the jurors agreed, concluding that the evidence did not show that either Loudermilk or Marshall had been knowing participants in the scheme to defraud, that either had committed any act material to the fraud, or that either had exhibited any intent to defraud the lenders in these transactions.

The defeat was a rarity for the US Attorney’s Office, which routinely obtains convictions in nearly all of its cases. In 2014, the cases of 908 criminal defendants were concluded, with 902 of them being convicted, either through guilty pleas or jury verdicts. Only six were acquitted at trial. It was also the first time in his 23 years on the federal bench that Judge Garland E. Burrell, Jr., had presided over a trial in which the defendants were acquitted.

DOMESTIC VIOLENCE (INCLUDING BOTH OFFENSES AND RESTRAINING ORDER CASES) — COLLIN MOORE

Collin represented a client from Europe on a work visa, living in the Bay Area with his wife and working for a big tech company. His client was facing a domestic violence charge after his wife had called the police during a heated argument.

Collin’s client was very concerned about how a criminal record might affect his visa. Because the client contacted us early, Collin was able to investigate the case further. The wife provided a declaration stating that both her and her husband been involved in the argument, that they had both been drinking, and that there had been no violence at all. She further stated that she had only called the police to have someone come and calm the situation down.

Collin presented this declaration and other information to the DA, providing them with a bigger picture of what really happened. He was successful in heading off charges completely, as the DA agreed that no charges should be filed at all.

DUI — COLLIN MOORE

Collin successfully defended a client charged with DUI after failing a roadside sobriety test. When reviewing the case, Collin recognized that the police officer had acted improperly in pulling his client over. Collin filed a motion to suppress any evidence that was obtained after his client was pulled over.

Despite the DA’s argument that there was probable cause for the traffic stop, the Judge agreed with Collin’s argument that there was no probable cause in this case because the officer had not witnessed our client commit a traffic violation. The Judge’s decision meant that all evidence against Collin’s client was suppressed, and the charge against him was dismissed.

ASSAULT AND BATTERY (INCLUDING RESIST ARREST) — RABIN NABIZADEH

1) Rabin was successful in significantly reducing the charges his client was facing after a bar brawl. His client was initially charged with robbery and assault. By conducting further investigations in the case, Rabin was able to speak to the alleged victim and obtained a statement from him that explained that the brawl was actually a mutual fight that both men were involved in. In the circumstances, Rabin persuaded the DA to reduce the charges to a single misdemeanor, and despite having a previous conviction his client served no jail time.

2) Rabin’s client was charged with robbery from a store, as well as assault on a police officer and assault on one of the store’s loss prevention officers. Rabin worked on negotiations with the DA where he sought to have the excessive charges against his client reduced. He was able to achieve a plea to a sole misdemeanor charge of disturbing the peace, and his client served no additional jail time.

Multiple Victim Child Molestation charges dismissed

After multiple successful motions, the District Attorney opted to dismiss charges against our client.  Client was facing life in Prison.

Immigrant Doctor Charged with Felony Criminal threat – Not guilty verdict at trial

Client was facing 4 years in prison and offered 1 year in County jail.  Despite last minute plea bargaining effort, client  opted to proceed to trial as he was facing disciplinary action by the Medical Board as well as deportation.  Despite our best efforts, client rejected a plea offer that would allow him to remain in the country and continue to practice medicine and opted to proceed to trial.  After 10 hours of cross examination of complaining witness, the Santa Clara District Attorney moved to dismiss the case.

Client accused of rape of an unconscious person

District Attorney rejected prosecution – Tennille Duffy and Ryan Mchugh worked tirelessly with private investigator to collect evidence and statements from party attendees.

Client charged with multiple victim child molestation with several admission

72 year old client was facing several life sentenced after admitting to several instances of child molestation.  Attorney Jim Riley was able to limit conviction to one count and client was released a few months after sentencing.

Client charged with Felony Domestic Violence as well as probation violation –

After several written motions, attorneys Collin Moore and Jim Riley were able to limit the testimony of complaining witness prompting the District Attorney to dismiss the case.

Client charged with three counts of attempted murder

Result – Probation with credit for time served.  Client has suffered from severe delusions and attempted to stab several roommates in a college dormitory.  Attorney’s Jim riley and Ryan Mchugh were able to negotiate a non strike not prison  offer.

Client charged with 7 armed robberies in several jurisdictions results in probation and credit for time served.

After successfully negotiating with 6 counties not to charge client, client proceeded to trial.  At trial, all arm allegations were dismissed and client was sentenced to credit for time served.

Client charged with felony Driving under the Influence with serious injury enhancements – Result, Probation and counseling.

Client charged with several counts of felony domestic violence during a bitter divorce and child custody battle.

Result – After several pretrial conferences, our team proceeded to trial.  Outcome – Not Guilty

Client charged with Child Molestation

Location – San Jose
Charges – Child Molestation.
Attorneys handling case: Richard Weese, Tennille Duffy, James Riley
Results – Not guilty verdict at trial

Client charged with driving under the influence

Location – Palo Alto Superior Court
Result – After several trips to the scene along with client and two witnesses, our firm filed Motion to Suppress Evidence including breath test result.
Motion Granted and District Attorney dismissed the case.

Client charged with embezzlement

Location – San Jose
Attorneys – Rick Weese, Steve Davidson
Client was accused of stealing over $350,000 from his employer.  After weeks of negotiations, we were able to formalize a civil compromise.
Results – After several years, case is still not reported.

Client charged with a total of 12 counts involving a domestic violence incident involving his ex-wife.

Location – San Jose
Attorneys – Richard Weese, Rabin Nabizadeh
Results – Case dismissed by District Attorney on the day of trial.

Client was arrested for several counts of Domestic Violence.

Location – San Jose
Attorneys – Rabin Nabizadeh, Tennille Duffy
Result – Ms. Duffy was able to obtain a declaration from Sharma’s wife and convince the District Attorney not to file charges.

Client was charged with multiple felonies

Location – San Jose
Attorneys – Richard Weese, steve Davidson.
3 striker charged with multiple new felonies including domestic violence and assault and was, therefore, exposed to life in prison. Mr. Weese filed Romero motion to strike the prior strike.
Result – Romero motion granted probation sentence and credit for time served.

Client was charged with mortgage fraud in federal court and the matter proceed to trial in Federal court in San Jose.

Location – San Jose
Attorneys – Richard Weese, Jim Riley, Steve Davidson
Result – First Not Guilty finding in Judge’s court for over 25 years.

Client was charged with DUI as well as refusal to submit to breath test

Client – Troy A
Charges – Driving under the  influence
Attorney – Rabin Nabizadeh
Result – After a 6 day trial, the jury found client not guilty.

Client charged with possession of firearms and drugs with intent to sell

Attorneys – Rabin Nabizadeh, Steve Davidson
Client was pulled over for a traffic violation and allegedly consented to a search yielding several ounces of cocaine as well as hundreds of Xanax pills.  In the trunk officers found a loaded semi-automatic.
Result – Court ruled that the search was illegal and that therefore, the items found in the car were not admissible at trial.  Case dismissed.