In the News
Plea entered in '06 death
"LONG BEACH - A 26-year-old Long Beach woman pleaded not guilty Tuesday to a charge that she beat her then-boyfriend's 2-year-old son to death four years ago.
Defendant Jennifer Marie Garcia appeared briefly in Long Beach Superior Court Judge Arthur Jean's courtroom in what appeared to be the same clothes she was wearing at the time of her arrest Friday.
The charge against her includes one count of murder and one count of assault on a child causing death.
Long Beach Police Department homicide detectives obtained the arrest warrant for Garcia following four years of investigation into the death of the child, identified in court documents as Landon K.
Garcia lived with the father of the 2-year-old and baby-sat the victim, police said.
Garcia allegedly told authorities that the child was playing near a staircase at the apartment complex where the couple lived in 4400 block of Lakewood Boulevard on Nov. 16, 2006.
She told investigators, who were called by hospital staff suspicious of the death, that the boy fell accidentally, according to police.
The toddler, who was in critical condition at the time of his arrival, was put on life support but was pronounced brain dead and removed from the machines on Nov. 17, according to police.
The ensuing investigation included assistance from a panel of experts representing multiple agencies and overseen by the Los Angeles County Coroner's Office, police said.
Their work culminated with the arrest of Garcia at about 7:45 a.m. Friday at her place of work in Stanton. She was booked into the Long Beach City Jail on a count of murder and held all weekend on $1 million bail.
Defense Attorney Jay Glaser argued that the many years that passed before Monday's charge along with his client's lack of a criminal record were valid reasons to lower Garcia's bail.
"This case comes down to a battle of experts," Glaser said. "There's no weapon, this is not your typical homicide case."
Glaser pointed out that Garcia's 3-year-old son, who was taken during the DCFS investigation into the death of her boyfriend's 2-year-old, was given back to her.
Glaser also noted the defendant's father and uncle, a parole officer and a sergeant in the Los Angeles Police Department respectively, were in court in support of Garcia and that she had no passport and posed no flight risk.
Deputy District Attorney Edwin Wakabayashi countered the case was not rejected prior to Monday's filing and the timing of the filing was irrelevant.
"This is not a case where evidence was lacking," the prosecutor said, adding the autopsy found evidence of abuse not only with the brain injury at the time of the boy's death but also a prior brain injury and bruises and marks on the child's body.
"If the case is so clean, what took so long," the judge asked.
Wakabayashi said it was a matter of the ongoing investigation. Jean didn't seem convinced and ordered Garcia's bail dropped to $100,000.
As the motions were made, one of Garcia's relatives clapped and was ordered by bailiffs to leave the jam-packed courtroom. As the judge ruled on the reduction, the same man applauded while walking out the courtroom's doors.
"That's enough," the judge snapped.
The family of the victim, who were also present, seemed stunned by the decision.
"Why weren't we able to say anything," one woman asked.
Garcia was ordered to return to the court on Jan. 14, 2011, when a date is scheduled to be set for her preliminary hearing.
If she is convicted on both counts, she could face a life prison term."
Click here to see actual article.
"SANTA ANA - A bail bondsman who helped prosecutors several years ago convict an attorney involved in an illegal referral scheme pleaded guilty today to violating bail regulations and was sentenced to a year in custody.
Ronald Lee Brockway, 51, of Seal Beach, pleaded guilty to two misdemeanor counts of violating bail license regulations in a plea deal negotiated through Orange County Superior Court Judge Erick Larsh, according to Brockway's attorney Jay Glaser.
Larsh sentenced Brockway to one year of home confinement and three years of formal probation and barred him from doing business as a bail bondsman for six months, Glaser said.
As part of the plea deal, Brockway, who was charged with two felony counts of violating bail license regulations, was able to plead guilty to two misdemeanors, Glaser said.
Brockway could have faced up to three years and eight months in prison if he convicted of the two felony counts as originally charged.
Deputy District Attorney Lynda Fernandez objected to the plea deal. There was no immediate response to messages left with her.
Orange County prosecutors alleged Brockway e-mailed attorneys asking them to refer bail bond business to him, with Brockway offering to send business back to the attorneys. The prosecutors also alleged Brockway mass- mailed fliers advertising his business to Orange County jail inmates.
State law prevents bail bond companies from soliciting business from
Alleged East Long Beach Teen Bombers Placed on House Arrest"people in custody or recommending attorneys to clients.
"These regulatory laws do not allow bail agents to exercise any influence over the choice of counsel in order to protect the consumer and the community from unscrupulous, secret dealings," the Orange County District Attorney's Office said in a statement.
"The law also protects inmates from undue influence during a vulnerable, difficult time in their lives."
Orange County prosecutors also claimed Brockway should have known better since he testified before a grand jury in October 2005 that he received cash from attorney Joseph Cavallo to refer clients to him.
Brockway was granted immunity from prosecutors so they could go after "more culpable defendants," according to the District Attorney's Office.
Cavallo was indicted partly based on Brockway's testimony. Cavallo pleaded guilty to conspiracy to attorney capping and running an illegal attorney-referral scheme, according to the District Attorney's Office. Cavallo was sentenced to six months in jail Dec. 14, 2007.
"I think some of this was politically charged," Glaser said of prosecutors insisting on the felony counts against Brockway.
"I think they were irritated that they granted him immunity in 2005 and that they think he should have known better, so they came at him from a strong position."
However, "this case wasn't like Cavallo's," Glaser said.
Glaser said Brockway sent only one client referral to an attorney.
"And in terms of mailers to the jail, when they interviewed the sergeant who ran the mail room at Men's Central Jail he himself didn't know it was illegal," Glaser said. "He said, `Really? We get hundreds of these things. Not just from Brockway, but hundreds of others."
Brockway will still have to face some sort of administrative action from the state Department of Insurance, Glaser said.
"I hope they'll be satisfied with what (the judge) did," Glaser said. "I'm hopeful the state will look at this as justice was served in our disposition of the case.
By Tracy Manzer
LONG BEACH - Three 13-year-olds from Long Beach arrested last week for allegedly detonating a homemade explosive device were placed on house arrest Tuesday.
The boys had been in custody at a county juvenile detention facility since their arrest Thursday following the explosion of a homemade bomb in front of a home in the 6700 block of East Premium Street, near Cubberley Elementary School, at about 4:45 p.m.
Police found a second device, which had not been set off, and the Los Angeles County Sheriff's Department Bomb Squad was called out to disarm the device, police said.
No one was hurt in the explosion and no property damage was reported, Massacani said.
None of the suspects lived at the East Long Beach location, but the victim was known to the suspects, police said.
Defense Attorney Jay Glaser, who represents one of the three boys, said his client and the two other teens were released to their parents on Tuesday and placed on house arrest.
Their case is still pending and the boys were ordered to return to the Long Beach Superior Court's Juvenile Division on Oct. 6, Glaser said.
Authorities said the investigation is ongoing and anyone with information about the incident, or similar crimes, is asked to call the Long Beach Police Department's Youth Services Detail at 562-570-1425.
Two 16-Year-Olds Charged as Adults in Melody Ross Slaying
By Kelly Puente
Two 16-year-old reputed gang members were charged as adults Friday for the shooting death of Wilson High School student Melody Ross at a homecoming football game.
The alleged shooter, Tom Vinson of Bellflower, and his alleged accomplice, Daivion Davis of Long Beach, were both charged with first-degree murder for the slaying of 16-year-old Ross.
The teens also were charged with two counts of attempted murder for the shooting of two male survivors - ages 18 and 20 - who are believed to be rival gang members of Vinson and Davis, police said.
If convicted, each could face 130 years to life in prison, said Deputy District Attorney Dean Bengston.
Davis, represented by private defense attorney Jay Glaser, appeared in Long Beach Superior Court before Vinson and pleaded not guilty. Davis is expected to appear in court again on Nov. 24 for a preliminary hearing. Vinson appeared in court later in the day but his arraignment was continued until Nov. 16 to give his public defender more time to prepare the case, Bengston said.
Relatives of both boys declined to speak to a reporter.
Bengston said the district attorney plans to try the two teens together after Vinson's arraignment. The decision to try the teens as adults was based on the severity of the crimes, he said.
The two surviving victims were recovering Friday, Bengston added.
Police announced the arrest of Vinson and Davis late Wednesday after a five-day manhunt for the gunman who fired shots as hundreds of people streamed out of the Long Beach campus of Wilson High after the Oct. 30 homecoming football game. Police have said the gunman and his accomplice were believed to be shooting at rival gang members when one of the rounds struck Ross, an innocent bystander.
Ross, an honors program student, popular athlete and daughter of Cambodian immigrants, was pronounced dead at a hospital.
Vinson and Davis are being held on $3 million bail.
Plea Resolves Torrance Prop. 8 Attack Case
By Denise Nix
A 23-year-old father who used a campaign sign opposing same-sex marriage to attack a gay man on a Torrance street was ordered Monday to take lessons on managing anger and intolerance.
As part of a deal with prosecutors, Joseph Storm pleaded no contest on March 3 to one hate crime allegation.
In exchange for his plea, Storm was ordered by Torrance Superior Court Judge Steven Van Sicklen to attend classes at the Museum of Tolerance in Los Angeles and six months of anger management counseling.
Storm also received seven days in jail for the time he already served after the Oct. 26 attack around 2a.m. in the 2000 block of 230th Street.
He will remain on probation for three years and perform more than 100 hours of community service.
According to Deputy District Attorney Tim Hu, Storm must also write an essay by Sept. 16 explaining what he's learned from his classes and counseling. Failure to do so could result in a probation violation, Hu added.
Jay Glaser, Storm's attorney, called the sentence a fair resolution to the case. "I think, clearly, the anger issues needed to be addressed," Glaser said.
Glaser added that Storm will have to pay $300 for the classes, which he hopes will give his client "the tools and skills to deal with his anger" and give him "an attitude adjustment."
The attack came at the height of the pre-election fervor surrounding Proposition 8. Ultimately passed by California voters in November and now the subject of a state Supreme Court case, the constitutional amendment bans marriage for same-sex couples.
The victim, who was 22 at the time, said he was wearing a "No on Prop. 8" button when he walked by a "Yes on Prop. 8" yard sign and held up his middle finger to it.
Storm, who went to high school with the victim but did not associate with him, went on the attack with the sign and his fists and used a derogatory name for homosexuals.
Storm told police they fought when he accused the victim of littering after the victim had pulled the sign out of the lawn. However, the victim denied doing so.
Police arrested Storm the day after the attack on an outstanding warrant for misdemeanor vandalism. Records showed that at the time he was on probation for a 2005 conviction for driving without a license.
Mother Acquitted of Child Murder
LA Times
A Catalina Island woman was acquitted Wednesday of murdering her newborn daughter and stuffing the body into a trash container, in the second rebuff this month to Los Angeles County prosecutors seeking criminal convictions for baby dumping.
Leticia Castro sobbed loudly and thanked the jury for its decision in the 2004 case, said Jay Glaser, her attorney.
Castro, 30, gave birth on a Catalina Island ferry to a 6-pound girl, whose body was found in a trash bin at the Port of Long Beach the next afternoon. Castro said she had thought the baby was a large blood clot.
Jurors said there was insufficient evidence that the baby had been born alive to support a murder charge, but they deadlocked 11 to 1 in favor of conviction on involuntary manslaughter. Lawyers were asked to return Jan. 3 to set another trial date or to resolve the case.
Deputy Dist. Atty. Todd Hicks said murder convictions for mothers with newborns are rare, because juries and judges think women are incapable of killing their children. And "since the mother usually gives birth alone, it's hard to prove a lot of factors," he said.
The recent case of USC architecture student Holly Ashcraft is a prime example, Hicks said. Over two years, three judges have tossed out murder charges against Ashcraft, 22, accused in 2005 of hiding her pregnancy and then dumping her infant son in a trash bin near campus. Earlier this month, a Superior Court judge said Ashcraft could be prosecuted only for child abuse.
"These incidents aren't rare as a phenomenon, but it's fairly rare that they're prosecuted," said Mark Geragos, Ashcraft's attorney. "What the mothers did after the birth and what condition the babies were in are, in almost every case, what the issue comes down to."
Glaser said his client had a thyroid condition that mimicked many symptoms of pregnancy. The experience of giving birth was so traumatic that she went into a trance-like state and was shocked the next day when told she had had a baby, he said.
Glaser referenced medical records showing that Castro visited doctors twice during her eighth months of pregnancy complaining of odd symptoms. Doctors took blood tests but did not check for pregnancy.
Castro, who worked as a retail clerk on Catalina, was returning to Avalon from a Sept. 29 Chamber of Commerce dinner in the island community of Two Harbors when she gave birth in a bathroom on the express ferry.