Courts, Rulings & Lawsuits | |
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A DA kept Black women off a jury. California’s Supreme Court says that wasn’t racial bias
A federal judge in April ordered Alameda County to review more than 30 of its death penalty convictions after evidence emerged suggesting the District Attorney’s Office blocked Black and Jewish people from serving on juries. This week, the California Supreme Court upheld a capital sentence from a trial that had no Black jurors.
CalMatters
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No jurisdiction to order dismissal after transferring case
Although a court retains limited power to hear incidental matters after granting a motion to change venue before the case file is fully transferred, it lacks jurisdiction to rule on a motion to quash/dismiss, Div. Two of the Fourth District Court of Appeal held yesterday. The dispute arose in a case brought against attorneys - who asserted sovereign immunity due to their status as officers of a Native American tribe - over a failed attempt to establish a cannabis complex on reservation lands.
Metropolitan News-Enterprise
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Ninth Circuit frowns at dismissal of white supremacist rioters’ indictment
A panel of the Ninth Circuit Court of Appeals appeared unimpressed by a federal judge's decision earlier this year to throw out the indictment of two far-right white supremacists charged under the Anti-Riot Act after the judge concluded they were the victims of selective prosecution.
Courthouse News Service
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Peremptory challenges in murder case upheld despite allegations of racial motivations
The California Supreme Court yesterday upheld the murder conviction of a defendant arising out of the 1996 killing of a pastor’s wife, finding that the prosecutor’s use of peremptory challenges to exclude five black, female jurors did not violate the constitutional rights of the accused where racially neutral justifications were offered and comparative juror analysis showed they were treated similarly to others.
Metropolitan News-Enterprise
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High court blocks anti-tax measure from California ballot
The California Supreme Court sided with Gov. Gavin Newsom and Democratic leaders in the Legislature on the constitutionality of a sweeping anti-tax measure, ruling today that it cannot go before voters in November. The business community-sponsored initiative, formally known as the Taxpayer Protection and Government Accountability Act, broadly aimed to make it more challenging to raise taxes in California, including by requiring the Legislature to seek approval from the voters for any new or higher state tax.
CalMatters
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The Supreme Court upholds a gun control law intended to protect domestic violence victims
The Supreme Court on Friday upheld a federal gun control law that is intended to protect victims of domestic violence. In their first Second Amendment case since they expanded gun rights in 2022, the justices ruled 8-1 in favor of a 1994 ban on firearms for people under restraining orders to stay away from their spouses or partners. The justices reversed a ruling from the federal appeals court in New Orleans that had struck down the law.
AP
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Court rules government fleets need to be clean
The federal Ninth Circuit Court of Appeals ruled Aug. 20 that government motor vehicle fleets need to be powered by clean energy sources, such as natural gas and alternative fuels. The rules apply to fleets of 15 vehicles or more, the appellate court said. Local governments and businesses with government contracts are required to buy vehicles that use natural gas or other alternative fuels under rules adopted in the 2000-01 period by the South Coast Air Quality Management District (AQMD).
Natural Gas Intelligence
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Justices reject limits on malicious prosecution claims
The high court ruled in favor of an Ohio jeweler on Thursday, finding he could advance a malicious prosecution claim against the police officers who charged him with felony money laundering without probable cause. Although only one of the three charges against Jascha Chiaverini lacked probable cause, his claim cannot be struck down, the justices held in a 6-3 opinion.
Courthouse News Service
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UC Regents’ new hospital exempted from zoning rules
Div. Three of the First District Court of Appeal has held that sovereign immunity exempts the Regents of the University of California from compliance with local building and zoning requirements as to a plan to build a new San Francisco hospital because one of the motivations for the project is the governmental purpose of promoting education for medical students.
Metropolitan News-Enterprise
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Supreme Court rules for ex-council member in Texas arrested after criticizing city official
The Supreme Court on Thursday revived a civil rights claim brought by a Texas woman who served on a small-town council and was arrested following her criticisms of a senior official. The ruling on an 8-1 vote gives Sylvia Gonzalez another chance to bring a retaliation claim, with the court sending the case back to a lower court for further proceedings.
NBC News
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Supreme Court rules against Los Angeles couple denied visa in part over husband’s tattoos
The Supreme Court on Friday ruled 6-3 against a Los Angeles woman who argued her constitutional rights were violated when the federal government denied a visa to her Salvadoran husband, in part because they viewed his tattoos as gang-related. Luis Asencio Cordero, who lived in the U.S. until 2015, has been separated from his wife, L.A. civil rights attorney Sandra Muñoz, since the visa was denied during a consular interview in El Salvador.
Los Angeles Times
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Google can’t shake children’s privacy lawsuit
Google must face claims that it violated federal law which protects children online - and a swath of unjust enrichment and unfair competition laws in several states - by allowing developers to track and collect child users' data without permission. U.S. District Judge P. Casey Pitts denied in full Google's motion to dismiss claims brought by a group of children who accuse the tech company of violating the federal Children’s Online Privacy Protection Act, which aims to protect kids from having their personal information collected without parental consent.
Courthouse News Service
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When prosecutor is defendant: LA DA George Gascón's legal battles with his own staff
He was elected to be Los Angeles County's top prosecutor, but George Gascón has spent a considerable amount of his first term as a defendant. In his first week in office, Gascón sent a political ally to the Compton Courthouse to order a veteran prosecutor to drop criminal charges against three protesters. That mission ended with the county paying out a seven-figure sum to the prosecutor to settle a civil claim.
Los Angeles Times
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Gascon policy gave L.A. teen a second chance after killing. Now, he is accused in a new homicide
Los Angeles County Dist. Atty. George Gascón's reform-minded outlook on juvenile justice seemed made for someone like Denmonne Lee. When he was 16, Lee took part in an Antelope Valley gas station robbery that ended in the death of former Marine John Ruh. Lee, who was acquainted with the victim, had planned the 2018 robbery and provided a weapon to his co-defendant, according to court records.
Los Angeles Times
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USC student felt 'imminent threat' when he killed alleged car burglar, DA says in declining to press charges
A USC student whom police accused of fatally stabbing a man who had broken into a car on Greek Row will not be charged in the killing, prosecutors announced Thursday. Ivan Gallegos, 19, was freed after two days in custody after Los Angeles police say he and two others confronted Xavier Cerf, 27, as he was breaking into a car, and Gallegos pulled out a knife and fatally stabbed him earlier this week.
Los Angeles Times
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DEA operation exposes growing links between Sinaloa cartel and Chinese organized crime
Two dozen Los Angeles-based associates of Mexico’s Sinaloa cartel were charged in a sophisticated scheme to launder more than $50 million in drug money through an underground banking system run by Chinese nationals in the United States, federal prosecutors said Tuesday. The case, outlined in a 10-count superseding indictment, highlights the growing relationship between Mexican cartels and Chinese citizens in the U.S., and the complex system they have developed to finance drug operations and launder the proceeds, authorities said.
NBC News
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Man who murdered 14 women in LA in '80s and '90s charged with killing another woman in Utah
A man who murdered 14 women in Los Angeles from 1987-98 has been charged with killing another woman in Utah, authorities said this week. Chester Turner, 57, is currently in state prison in California for killing 14 women in a several-mile area along Figueroa Street south of the 10 Freeway. The victims were mostly sex workers and/or homeless women, and one of them was pregnant.
City News Service
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Nathan Hochman is ready to be the next LA County District Attorney
Former federal prosecutor Nathan Hochman finished first among the 11 challengers vying to unseat Los Angeles County District Attorney George Gascón in the March 5 primary. Now, he is laser-focused on defeating Gascón in November. Hochman, a Beverly Hills native and alumnus of Beverly Hills High School, told the Courier he’s running to “end the golden age of criminals in LA County” and restore faith in the District Attorney’s office.
Beverly Hills Courier
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Gascon facing deposition demand: Deputy DA sued him over political retaliation
One of the many Los Angeles County deputy district attorneys who sued their boss George Gascon has gone back to court, this time to force Gascon to sit for a long-avoided deposition in the case. John Lewin, most well known for his successful prosecution of wealthy real estate empire heir Robert Durst, sued Gascon for political retaliation in February of last year.
California Globe
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California prosecutors used anti-gay slurs to refer to prospective jurors
California prosecutors used homophobic slurs to refer to prospective jurors in death penalty cases, newly disclosed court records reveal, adding to a widening misconduct scandal. Prosecutors from the Alameda county district attorney’s office, whose jurisdiction includes Oakland, used anti-gay labels during jury selection in two capital trials, according to copies of handwritten notes shared with the Guardian.
The Guardian
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California’s death penalty law deserves a vigorous defense
The constitutionality of California’s death penalty law is currently under attack in the California Supreme Court by a coalition of criminal defense attorneys and other death penalty opponents. The challengers launched their attack in a lawsuit filed against state attorney general Rob Bonta, himself a death penalty opponent. The challengers like their chances. But the district attorneys of Riverside and San Bernardino Counties have other ideas.
Ron Matthias
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As protesters trashed Cal State L.A. center, questions about why police were not called in
As pro-Palestinian protesters took over and barricaded the Cal State Los Angeles student services building Wednesday night, university police issued a mutual aid call that brought officers from the Los Angeles Police Department and California Highway Patrol to the campus. Although the officers were prepared to enter the building and clear out the protesters, top university officials never gave them approval to move in, according to two law enforcement sources with knowledge of the incident.
Los Angeles Times
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California lawyer accused of plotting to hack judge’s emails and phones
Michael Jacob Libman of Tarzana, California, faces disciplinary charges for allegedly planning to hire Israeli hackers to access the personal email and phone accounts of Judge Elihu Berle and lawyer Brian S. Kabateck, the ABA Journal reported. The State Bar of California’s Office of Chief Trial Counsel filed the charges on June 6. Libman reportedly sought assistance from New York lawyer Paul Paradis, who was acting as a confidential FBI informant.
Canadian Lawyer
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How the Prop 47 fight could ripple down ballot
There’s a political calculus behind why Democrats and Republicans are so focused on a California ballot measure to change criminal penalties: it could have bigger impacts down ballot. Gov. Gavin Newsom and legislative leaders are using hardball tactics to pressure retailers and district attorneys to withdraw their November initiative to erase parts of Proposition 47, a decade-old law that reduced penalties for some drug and property crimes.
Politico
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California’s Democratic leaders clash with businesses over curbing retail theft. Here’s what to know
With retail theft increasing, California Democratic leadership is clashing with a coalition of law enforcement and business groups in a fierce political fight over how to crack down on the problem. State lawmakers are trying to preserve progressive policies and stay away from putting more people behind bars. The two most likely paths under consideration this year are a ballot initiative to create harsher penalties for repeat offenders, and a legislative package aimed at making it easier to go after professional crime rings.
AP
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Ex-LA Co District Attorney Jackie Lacey sues insurer over legal fees
Former Los Angeles County District Attorney Jackie Lacey is suing State Farm, alleging in federal court the insurance company caused her to spend more than $2.1 million in legal fees when she and her late husband were sued because he brandished a gun against protesters at their home, according to court papers obtained Friday. The complaint, originally filed in Superior Court but removed to L.A. federal court Thursday, claims breach of contract and breach of the implied covenant of good faith and fair dealing against State Farm.
mynewsLA.com
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Cal State L.A. encampment is shut down days after takeover of building with administrators inside
Dozens of officers in riot gear from multiple agencies descended Monday afternoon on a pro-Palestinian encampment at Cal State L.A. to dismantle the camp and force protesters to leave after tensions escalated last week. About 1:20 p.m., police issued a dispersal order in English and Spanish, and the remaining protesters in the encampment, a group of about 10, left voluntarily, said university spokesperson Erik Frost Hollins.
Los Angeles Times
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L.A. wants to make firing bad cops easier. Should the LAPD's watchdog have a role?
The Los Angeles Police Department's much-maligned disciplinary system is on the verge of a major transformation, and members of the L.A. Police Commission expressed concern Tuesday about being left out of the discussion. The five-member commission, appointed by the mayor to provide civilian oversight of the department, was responding to a City Council proposal that could give the LAPD chief the power to fire cops outright for suspected misconduct and reform a process that critics say has seriously undermined accountability efforts.
Los Angeles Times
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Half-cent sales tax to tackle homelessness in LA County qualifies for ballot
A proposed measure to establish a permanent half-cent sales tax in Los Angeles County to fund affordable housing and homeless services has qualified for the November ballot, campaign organizers announced on Tuesday, June 18. Known as the Affordable Housing, Homelessness Solutions and Prevention Now measure, it would repeal and replace the Measure H quarter-cent sales tax that funds homeless programs in L.A. County.
Los Angeles Daily News
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LA high-rise apartments for homeless cost $600K per unit, feature lavish amenities
A new Los Angeles apartment complex devoted to housing the city’s homeless population cost $600K per unit to build. Weingart Tower is described as a “permanent supportive housing” building. Its 275 units are reserved for the city’s homeless and “chronically homeless” residents, with 40 units reserved for veterans. The building comes equipped with fully furnished units, a fitness room, library, laundry facility and community garden.
The National Desk
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US Secret Service agent robbed at gunpoint during Biden trip to California
A U.S. Secret Service agent was robbed at gunpoint in Tustin, California, over the weekend, according to police. The unnamed agent, who was off-duty, had his bag stolen Saturday night at about 9:30 p.m., according to the Tustin Police Department. The agent discharged his weapon during the incident, police said, however the suspect managed to get away. Police said it's unknown whether the suspect, or suspects, was injured.
ABC News
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A living parody: Alleged Berkeley bomber arrested
If you have recently been wondering why the world seems so awful these days, we may have found the poster boy. He’s a white guy with a PhD in African-American studies, he’s 34, he lives with his parents in their $1 million-plus home, he writes “justice jargon” – filled incomprehensibilities for obscure woke ‘zines, he smashed a hotel sign during a putatively pro-trans protest, and now he’s been arrested for firebombing a UC Berkeley campus police car and setting other fires during the recent pro-Hamas protests.
California Globe
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Brutal attacks in Venice canals spark debate on crime and homelessness
The Venice community is reeling after two women were brutally attacked on the night of April 6, reigniting concerns over crime and homelessness in the area. Mary Klein, a local sculptor, and Sarah Alden, a jewelry designer, were both assaulted by Anthony Francisco Jones. Klein survived the attack with severe injuries, while Alden was left in a coma and later died on May 24.
KFI AM640
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Road-rage brawlers arrested after knocking LAX passenger to the ground: LAPD
Two men accused of critically assaulting an elderly woman while she was checking her baggage curbside at LAX were taken into custody Friday, according to the Los Angeles Police Department. Jasan Givens Sr. was taken into custody at Western and Florence avenues at around 10:05 a.m. Friday and booked on suspicion of felony battery. His bail was set at $50,000, according to the Los Angeles Police Department.
Los Angeles Patch
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Robberies up 18% this year in Los Angeles
The United States this year is experiencing a significant drop in robberies. The reverse is happening in Los Angeles. The FBI recently released its Quarterly Uniform Crime Report, a tabulation of reports from law enforcement organizations across the country. The data, which the FBI noted is preliminary, found that from January through March, robbery decreased nationwide by 17.8%.
Crosstown
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19 arrested in Southern California retail theft bust
Authorities arrested 19 suspects during a major retail theft bust targeting stores across Southern California. The arrests were the result of a multi-agency investigation that ran from May 31 and June 13, according to the San Bernardino County Sheriff’s Department. Authorities became aware of a rise in violent and costly thefts targeting retail stores across San Bernardino County, at times threatening the safety of shop workers and bystanders.
KTLA
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California’s retail crime takedown has recovered 525% more stolen goods than last year, officials say
California Gov. Gavin Newsom’s office announced a promising figure that shows progress in the fight against organized retail crime across the state. Law enforcement officials have recovered 525% more stolen goods compared to this time last year, Newsom’s office said. A total of 216,754 stolen items have been recovered since the start of 2024, officials say. Statewide, 636 organized retail crime suspects have been arrested as a result of 279 different investigations.
KTLA
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Street races, takeovers on the rise in early 2024
The number of reports of illegal street races and intersection takeovers, also known as side shows, increased in Los Angeles in the first months of 2024, according to new LAPD data, and authorities said they're still struggling to find an effective solution to prevent them. More than 176 street races were reported between January and March, up nearly 50% from the same period in 2023, and the number of takeovers rose 2% to 190, although officials cautioned the numbers were incomplete and probably low, due to a data collection upgrade underway at the LAPD.
NBC4
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Columbia College dean says disparaging texts, vomit emojis sent during panel on Jewish life don't reflect the 'views' of administrators
The dean of Columbia College, Josef Sorett, issued a private apology on Friday for the text messages he and other administrators exchanged badmouthing panelists who participated in a talk about Jewish life at Columbia, writing that the dismissive and vitriolic remarks do not "indicate the views of any individual or the team.”
Washington Free Beacon
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Burglars are hiding cameras in Southern California yards: Tips for protecting yourself
In an era when everybody is staring at their phones, burglars are banking on people failing to notice the hidden camera in their front yard. Residents across Southern California have discovered small video cameras hidden near their homes, crudely assembled surveillance devices stashed among shrubs or in planters, wrapped in plastic green leaves and often attached to a battery pack.
Los Angeles Times
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FBI busts alleged mastermind behind massive network of hijacked devices
An international law enforcement operation led by the Department of Justice (DOJ) has disrupted a botnet known as 911 S5, which exploited free VPNs to facilitate various cybercrimes, including fraud, harassment and child exploitation. YunHe Wang, 35, a citizen of China as well as St. Kitts and Nevis, was arrested on May 24 for allegedly creating and running this whole botnet scheme.
Fox News
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He stole millions from a mentally ill Malibu doctor. Now he’ll spend nearly 16 years in prison
A Fresno hairstylist will spend nearly 16 years in prison for stealing millions of dollars from a mentally ill doctor and then attempting to defraud the man’s estate after his death. Anthony David Flores, also known as Anton David, pleaded guilty last year to nine felony violations for his role in the scheme, including wire fraud, mail fraud, money laundering and conspiracy. His ex-girlfriend, Anna Rene Moore, 40, pleaded guilty to seven felony violations in the same case, according to Flores’ plea agreement.
Los Angeles Times
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Texas man who threatened to kill Rep. Maxine Waters sentenced to federal prison
A Texas man who through a series of voicemails threatened to assault and murder Rep. Maxine Waters, D-Calif., was sentenced to 33 months in federal prison by a U.S. district judge on Monday. Brian Michael Gaherty, 61, of Houston pleaded guilty to one count of threatening a U.S. official in January after sending several threatening voicemails to the congresswoman, according to a report from the U.S. Department of Justice. He was indicted in April 2023.
Spectrum News1
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Inside look at California's plan to dismantle death row at San Quentin prison (Video)
With executions halted, California is transferring death row inmates to other state prisons, reshaping the prison system. "CBS Mornings" got an inside look at the changes.
CBS News
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Menendez brothers serving life for parents' shotgun slayings aim for new chance at freedom
Two Los Angeles brothers convicted of plotting the gangland-style execution of their parents before going on lavish spending sprees could soon leave prison if they succeed in their quest for sentence reductions in the massacre. Joseph Menendez, who goes by his middle name, Lyle, and his brother, Erik, burst into their parents' Beverly Hills home in 1989 and blasted them to death with shotguns.
Fox News
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Wells Fargo fired a dozen people accused of faking keyboard strokes
The pandemic may have released us from the tyranny of the five-day-a-week office schedule. But the grip of America’s busy-work culture is proving harder to shake. See here: Wells Fargo this week disclosed that it had fired more than a dozen employees for “simulation of keyboard activity,” Bloomberg reported, citing filings to the Financial Industry Regulatory Authority. CNN confirmed that multiple people were let go after a review of allegations that they created an “impression of active work.”
CNN
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