Archives : 2008 : October

Suspects Arrested for String of Robberies

Authorities have arrested three men who are suspected of committing up to 10 robberies in the bustling Fashion District of Los Angeles, California.

The following three suspects were arrested late October for a string of robberies that took place between May and September 2008:

• Miguel Sanchez, 27
• Gamaliel Hernandez, 22
• Hector Flores, 42

Police were able to identify and, subsequently, arrest the suspects using a witness’ account, which included the suspects’ license plate number, and gas station surveillance footage, which showed the suspects using a victim’s credit card.

Details of the Robberies

According to reports, two of the ten robberies involved businesses while the other eight targeted individuals, mainly smaller Asian women who were alone. All of the robberies occurred during the daytime, ranging from late morning to mid-afternoon.

According to authorities, when this trio of suspects robbed an individual, they came at their victims from behind and threatened violence, in some cases with a gun, if the victim tried to resist.

Charges and Potential Sentences

While each of the arrested suspects have already been arraigned and officially charged, a trial date has yet to be set.

The charges stand as follows:

• Sanchez, whose bail was set at $2.5 million, has been charged with seven counts of robbery and a single count of attempted robbery.
• Flores, whose bail was set at $180,000, faces once count of mayhem and two charges of robbery.
• Hernandez, whose bail was set at $75,000, only faces a single count of robbery.

Each count of first-degree robbery can carry anywhere from a three to six year sentence upon the jury’s return of a guilty plea. Consequently, if Sanchez is convicted of all seven robbery charges (as well of the attempted robbery charge), he will face up to 50 years in a California state prison.

If both Flores and Hernandez are also convicted of all of the charges they face, they will face about 20 years and 6 years, respectively.

(Source: Los Angeles Times)

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"America's Sheriff" Suspected of Corruption

Sheriff Michael Carona, 53, of Orange County, California was nicknamed “America’s Sheriff” about five years ago by CNN talk-show host Larry King. Carona’s time as “America’s Sheriff” may be coming to an end, however. Corona’s own criminal trial began Oct. 28 after being indicted for fraud and corruption. His charges include:

• Conspiracy
• Mail fraud
• Witness tampering

His wife, Deborah Carona, is also charged with conspiracy and will be tried separately. Carona’s alleged mistress, Debra Hoffman, a lawyer, is charged with conspiracy, bankruptcy fraud and mail fraud; she will stand trial with Carona. Sheriff Carona was in his third term when he was indicted; he stepped down to concentrate on his legal defense.

$700,000 in Bribes

The federal prosecutors’ case against Carona accuses him of accepting cash, gifts, questionable loans and kickbacks amounting to nearly $700,000 in exchange for political favors. Many of the bribes came from Newport Beach businessman Don Haidl, who was made an assistant sheriff by Carona. Haidl agreed to become an undercover informant for the government last year.

Secret Recordings of Conversations

Conversations that were secretly recorded by one of Carona’s former assistant sheriffs, George Jaramillo, are expected to play a major role in the prosecution’s case. Jaramillo, 48, was also Carona’s confidant until he was fired by Carona; he is expected to testify for the prosecution.

“America’s Sheriff”

Sheriff Carona was nicknamed “America’s Sheriff” after a child-kidnapping case (that of five-year-old Samantha Runnion) rocketed him into the national spotlight. In his interview on CNN, Carona looked straight into the camera and told the child’s kidnapper not to eat or sleep — his deputies were hot on his trail. Her kidnapper and murderer, Alejandro Avila, was later apprehended.

(Source: MSNBC)

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California Man Suspected of Felony DUI

A fatal car collision that occurred near Coachella, California has resulted in the deaths of three children and one adult. On Monday, October 27, 2008 at 1 a.m., a 2009 Cadillac CTS ran a stop sign and ploughed into a 1995 Ford Taurus.

Andres Z. Luna, a 33-year old from Thermal, California, was driving the Cadillac that killed the passengers of the Taurus – an 11-month old, a 7-year old, an 8-year old and a 30-year old woman. None of the victims’ names have yet been released by the authorities.

Following the accident, Luna was arrested on suspicion of drunk driving, as well as on four counts of vehicular manslaughter.

Details of the Accident

The car crash took place at Avenue 62 and Harrison Street in the desert town known as Coachella. After Luna ran a stop sign and crashed into the Taurus, the Taurus started spinning out-of-control, which only ended when the car rammed into a couple of concrete posts and a fire hydrant.

Upon these final impacts, the Taurus split in half. The Cadillac, on the other hand, remained intact following the crash.

While the three kids in the Taurus were thrown from the car during the events of the accident, the woman was still lodged in the wrecked vehicle. All four were already dead when authorities arrived at the scene.

Luna Faces Felony DUI and Vehicular Manslaughter Charges

The California Highway Patrol is still investigating whether or not Luna was under the influence of drugs and/or alcohol at the time of this tragic auto accident.

Authorities haven’t specified whether Luna submitted to a breathalyzer or whether a blood test was taken to evaluate his sobriety. As a result, Luna’s blood alcohol content (BAC) at the time of the crash is still unknown.

If convicted of felony DUI and four counts of vehicular manslaughter, Luna could face up to 40 years in a California State Prison, as each count of “Gross Vehicular Manslaughter with a DUI” carries up to a 10-year sentence.

(Source: CBS2)

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Supreme Court to Decide on Identity Theft Case

The Supreme Court has decided to rule on a case about identity theft among illegal immigrants. The case involves Ignacio Flores-Figueroa, a Mexican immigrant who illegally worked at an Illinois steel plant (L&M Steel). Flores-Figueroa was given work because he used another person’s identity to obtain it.

The central controversy at hand is whether or not immigrants illegally working in the U.S., such as Flores-Figueroa, can be convicted of identity theft if they:

• had no intention of injuring an individual
• believed their fake ID documents to be counterfeit, rather than stolen

Following his 2006 arrest, Flores-Figueroa was convicted of aggravated identity theft, among other charges, and sentenced to 6.5 years in jail. Two and a half years of this sentence were due to the identity theft conviction.

To date, the defense team has appealed the case six times, with results equally split between both sides.

Arguments from Each Side

According to the defense, Flores-Figueroa didn’t know that he was using an actual person’s identity. Instead, the defendant thought the ID papers he had were counterfeit.

Consequently, his lawyers argue that he (or immigrants in similar circumstances) should not be charged with identity theft unless prosecutors can prove that the use of “fake” ID was intended to victimize a real individual.

Alternately, prosecutors contend that any use of another person’s identification papers (such as social security cards, birth certificates, etc.) is grounds for a conviction on identity theft charges.

Statistics on Illegal Immigrants

Here are some statistics on illegal immigrants that can elucidate their presence and role in the U.S.:

• Nearly 22 million people currently living in America are illegal immigrants.
• Since 1996, nearly $4 billion has been spent on paying for social services for illegal immigrants.
• Currently, over 377,000 illegal immigrants are imprisoned in American jails.

Since 2001, the cost of these incarcerations has soared to nearly $1.5 billion.

Possible Outcomes

It’s important to note that the Supreme Court’s eventual ruling on this case will not affect identity theft charges against Americans. However, it may dramatically change the way illegal immigrant cases are handled in the U.S.

For instance, if the Supreme Court rules in favor of prosecutors in the coming year, experts claim that immigration agents will use this ruling to conduct large-scale raids of job sites that employ illegal immigrants. In one sense, some see a ruling for the government as an open mandate to crack down on illegal immigration.

However, if the Supreme Court rules in favor of Flores-Figueroa, prosecutors fear that this will open up a large loophole for defendants who are illegal immigrants. According to these critics, any defendant illegally working in the U.S. can claim that he “didn’t know” his paperwork belonged to an actual person.

With homeland security and identity theft ever-present concerns in modern-day American, the Supreme Court’s ultimate decision on this case is expected to generate further controversy and a series of similar cases that will further define this initial ruling.

(Source: Washington Post)

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Child Murderer Sentenced to Death Penalty

The Supreme Court of Kentucky has just issued an order that will set forth the execution of Marco Allen Chapman, a 36-year old felon convicted of two counts of murder. In addition to these murder charges, Chapman has also been convicted of one count of rape, one count burglary and PFO II (indicating that he’s a persistent felony offender).

Interestingly, the Court’s ruling may be the final word in the manner, as Chapman filed an affidavit in 2007 asking that public defenders not be able to file further appeals on his behalf. In explanation, Chapman has stated that he wants to die for his crimes.

What Led to His Death Sentence: Chapman’s Crimes

On August 23, 2002, Chapman broke into a home located in Warsaw, Ky., where he brutally stabbed and then slit the throats of Cody Sharon, 6, and Chelbi Sharon, 7. During his rampage, Chapman also:

• Stabbed the victims’ 10-year old sister, Courtney Sharon, several times (the 10-year old victim ultimately survived the attack by playing dead)
• Bound, raped and stabbed the children’s mother, Carolyn Marksberry

Like her 10-year old daughter, Marksberry survived the attack. Chapman left her for dead after breaking a small knife in her chest and then stabbing her with a larger knife.

Following these heinous crimes, Chapman proceeded to rob the home before he fled the scene. Later that same day, Chapman was captured and arrested in West Virginia.

The Controversy: A Defense Lawyer’s Nightmare

While Chapman’s crimes are shocking and indefensible, his act of preventing appeals on his behalf has raised an interesting legal controversy.

Is Chapman incompetent for asking to be put to death? And, if so, shouldn’t execution be out of the question, as Chapman doesn’t understand what he’s asking for? Or, is Chapman’s request sane and rational? If this happens to be the case, shouldn’t he be obligated to fulfill the terms of his sentence, which includes death by lethal injection?

Although Chapman’s defense lawyers say they are unsure of what to do next, given the presence of their client’s affidavit, they haven’t given up. Chapman’s group of attorneys are still working on possible strategies for preventing the execution.

However, barring their success, Chapman is scheduled to be put to death Nov. 21, 2008.

(Source: New York Times)

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Former Police Lt. Faces 45 Years in Prison

Former police Lieutenant Jon Burge, 60, was arrested in mid-October 2008 on charges of perjury and obstruction of justice. Burge is accused of lying about his role in and knowledge of torturing African American murder suspects in Chicago throughout the 1980s.

The accusation of Burge’s perjury and former policemen’s misconduct came to light in a 2006 report compiled by Cook County prosecutors. In this report, authorities revealed that Chicago police employed during the 1970s and 1980s regularly beat and tortured a number of African American suspects in an effort to elicit their confessions.

Many of these alleged torture sessions led to hundreds of convictions and death row sentences. However, the recent reports of police misconduct influenced the then-Governor of Chicago, George Ryan, to pardon or commute the sentences of 168 inmates.

An Example of Wrongful Convictions: The Case of Madison Hobley

One of the many wrongful convictions that came out of Burge’s illegal actions was the conviction of Madison Hobley, a 46-year old African American, who was suspected of setting a fire in 1987 that killed seven people, including his wife and daughter.

According to Hobley, Burge and three other detectives “bagged” Hobley. “Bagging” is an act of torture in which an object—in this case a typewriter—is used to cover a person’s head to prevent him from breathing. During this interrogation, Burge and his fellow officers alleged that Hobley confessed to the crime.

False Testimonies Led to Wrongful Conviction

While Hobley has always denied giving such a confession, Burge testified that a confession occurred. Burge’s testimony, along with that of his fellow detectives, directly led to Hobley’s conviction and death row sentence.

In 2003, after spending 13 years on death row, Hobley was pardoned by Ryan and, subsequently, filed a civil rights case against the Chicago police department. During these proceedings, Burge testified that he and his fellow detectives never tortured Madison Hobley in an effort to force his confession. 

Multiple Innocent Men Set Free

Hobley ultimately won his case. He and other wrongfully convicted and/or tortured inmates have been awarded over $20 million in damages, which are to be paid out by the city of Chicago.

Although the statute of limitations for charging Burges with torture and police misconduct is up, prosecutors plan on charging him with one count of perjury and two counts of obstruction of justice. If convicted, Burges faces up to 45 years in prison.

(Source: New York Times)

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Grandmother Accused of Murder for Hire

Betty Neumar, a 76-year old grandmother living in Raleigh, N.C., has recently been charged with hiring a man to murder her 4th husband, Harold Gentry. In 1986, Gentry was shot to death at home. While Gentry’s brother, Al, has been petitioning prosecutors to pursue this case for years, only recently has action been taken.

Thursday, October 16, 2008, Neumar was released from a prison in North Carolina on $300,000 bail. Neumar had been in custody for six months prior to her release.

Although Neumar will likely not be able to leave the state, Al Gentry and other family members of the victim said they are appalled that she was granted bail and released at all. Because Gentry did have a hand in getting Neumar arrested, police and prosecutors have warned him to be especially cautious and keep his distance from Neumar.

Facts of the Case

According to authorities, Neumar approached three men and tried to solicit each to kill her husband over two decades ago. While prosecutors haven’t specified whether these individuals will testify against Neumar, they have stated that they have hundreds of documents and leads to investigate before they will be ready to present their case.

Along with court documents, witness testimonies and other potential evidence, Neumar’s credibility will also play a big role in this case. Interestingly, Neumar has survived five dead husbands (including Gentry) and one dead child.

Neumar’s Suspicious Past

Although she has never faced charges for playing a role in any of these deaths, except for Gentry’s, authorities are now re-examining each case to see if Neumar did, in fact, have a criminal part in any of them.

Presently, police are focusing on the death of Neumar’s latest husband, John Neumar, who was cremated after dying in Augusta, Ga. His ashes are being examined at the FBI’s crime lab.

Another suspicious fact muddying Neumar’s credibility is that authorities have uncovered multiple overseas bank accounts in her name. The nature and activities of these accounts is also pending investigation.

“Black Widow”

In response to this new series of investigations surrounding Neumar, Charles Parnell, Neumar’s defense lawyer, has claimed that his client is being prejudicially portrayed as a “black widow” or a serial murderer. He continues to affirm that his client will have her day in court and that the truth will come out during her trial.

(Source: New York Times)

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DNA Evidence Overturns Guilty Convictions

The Dallas Morning News has recently reported that Dallas prosecutors have been sending a number of innocent defendants to prison based on uncorroborated eyewitness testimonies and shaky evidence. This legal oversight has started to become apparent as DNA evidence is being used in appeals.

Currently, Dallas County leads all other U.S. counties in exonerating convicted individuals through DNA evidence.

Reasons for Wrongful Convictions

According to research performed by The Dallas Morning News, 19 convictions in Dallas have already been overturned due to DNA exonerations. In 18 of these 19 cases, eyewitness testimony was the primary evidence used to prove the case and get the conviction.

In general, legal professionals are aware that eyewitness testimony can be unreliable, as people forget, unintentionally change the story or deliberately lie. Another possible reason for faulty eyewitness testimony, according to researchers, may have been pressure to identify a suspect in a lineup and then shame or fear of admitting uncertainty later on.

Attorneys Search for Multiple Witnesses

To combat this unreliability, most lawyers attempt to verify eyewitness accounts, either through other witnesses or hard evidence.

However, in some cases, there is only one witness, little or no hard evidence and a suspicious defendant. In these shaky cases, the credibility of the eyewitness can be the deciding factor of whether or not a defendant is convicted.

The Cost of Wrongful Convictions

Clearly, one of the largest costs of wrongful convictions is wasting years of an innocent man’s life while also allowing a guilty man walk free and potentially commit more crimes.

However, there is also a financial burden that comes with wrongful convictions. In fact, researchers estimate that Dallas taxpayers have spent over $3 million to incarcerate and then compensate those who have been wrongfully convicted in their county.

(Source: CNN)

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Hewitt Employees Face Felony Charges

Three former employees of Hewitt Associates, a Chicago-based human resources firm, face felony charges for allegedly defrauding the company out of tens of thousands of dollars in tuition reimbursements.

Those recently charged include Channel Clemons, 33, Kristopher McLendon, 30, and Kenya McMillan, 28. These three are among a group of 14 former employees all suspected of scamming Hewitt out of over $100,000 tuition reimbursements.

While Clemons, McLendon and McMillan are the latest to have been arrested, they also face the most serious charges: In addition to being charged with forgery (which is the only charge their other 11 co-workers face), McLendon and McMillan also face charges of class-three felony theft. Clemons has been charged with felony forgery and class-two felony theft.

A class-two felony theft charge generally indicates that more money has been taken, the defendant has a record of theft or violence was used during the theft.

Details of the Case

According the Hewitt’s records, this group of employees had been collecting fraudulent payments for tuition reimbursements since October 2005.

Hewitt has a policy of repaying employees up to $5,000 for the cost of further education and/or training. To claim such reimbursements, employees are required to submit paperwork verifying they have enrolled in and ultimately completed the course or program. Employees also have to submit their final grades, as company reimbursements are only granted if students have performed adequately in the course.

According to authorities, each of the 14 employees facing felony charges scammed tuition reimbursements by doing one or more of the following:

• Submitting enrollment paperwork but failing to attend the stated classes
• Failing to complete classes despite turning in paperwork that stated they had completed the courses
• Forging grades on paperwork submitted to ensure they would receive reimbursements

Police Investigation Continues

Police are continuing to investigate this string of forgery and theft. Although they expect that more will be arrested in this case, authorities have stated that they don’t suspect that these employees acted together or as part of some conspiracy.

(Source: The Chicago Daily Herald)

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Former Congressional Candidate Charged with Fraud

Delecia Holt, a 46-year old resident of Orange County, California, has been arrested on criminal fraud charges for allegedly defrauding local businesses out of over $50,000.

In 2005, the same year her suspected fraud started, Holt ran to be a Representative as a write-in Republican candidate in Orange County’s 48th Congressional District, an area that includes the cities of Laguna Beach, Newport Beach and Irvine.

The following year, Holt ran again in San Diego’s 53rd Congressional District, which includes the areas of Downtown San Diego, Coronado and Imperial Beach. In both of her Congressional campaigns, Holt was one of the bottom ranking candidates, receiving only a negligible number of votes.

Holt’s Alleged Fraud

The charges of fraud against Holt date back to 2005 when Holt is suspected of having written a bad check for $13,000 as a down payment for a Mercedes-Benz. After Holt’s check eventually bounced, she never made a single payment on the luxury automobile.

Subsequently, as prosecutors allege, Holt continued her fraud-filled crime spree, which included:

• Racking up and skipping out on a $5,000 bill at an Orange County hotel (located in Lake Forest)
• Hosting a fundraiser comedy show that was intended to donate funds to Habitat for Humanity—However, no funds were raised, the hotel was never paid its hosting fee of $15,000 and all four comedians who performed at the event were never paid their performance fee of $2,000 (Checks Holt wrote to both the hotel and the comedians all bounced)
• Committing welfare fraud—Authorities are still conducting investigations to determine exactly how much Holt defrauded out of the welfare system

Currently, Holt is being held in the Women’s Intake/Release Center in Santa Ana, CA. While her bail is set at $55,000, prosecutors have asked that the source of funds be verified before Holt is officially released.

(Source: LA Times)

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