A True Black Friday for this Felon

This Black Friday when you are pushing, shoving, jumping, and committing other Olympic feats to get to the hot-ticket items, remember this story and purchase extra security for your new “toys.” This Friday is a dark, dark Friday for a 22-year-old San Pedro man who is in custody for residential burglary. Detectives tracked him down using the “Lojack for Laptops” software on the laptops he stole from a Rancho Palos Verdes home.

It seems that this San Pedro man decided he just couldn’t wait for Black Friday deals and took matters into his own hands. He was identified as an unlicensed contractor who had done work at the victim’s home two months earlier. The security software was able to gather personal information, including his name and photograph once he logged into the computer. Now, that is pretty crafty of modern technology.

The article states that the police were able to convince him to bring the laptop to the Lomita Sherriff’s station, where he was then promptly arrested. Now, let me just make it clear what this means. The Sherriff’s officers are not brilliant negotiators; when an article says any officer “convinced” a defendant to come down to the station it means one of two things. The officer lied to the defendant somehow, prompting the defendant to head over to the station; or the officer threatened the defendant with arrest if he didn’t cooperate. Sometimes, there is a combination of both.

Earlier in our Friday series, I spoke about commercial burglary. The San Pedro man allegedly stole from a residence making the crime here residential burglary. Residential burglary is the more serious of the two types. A defendant commits residential burglary if he burgles any inhabited dwelling - a place where someone lives or sleeps. A dwelling is "inhabited" if it is used for dwelling purposes, whether or not it is currently occupied. A prosecutor has to prove that the defendant entered the dwelling and that, at the time he entered; he had the intent to steal.

Again, there is the sticky situation of “intent.” Any good defense attorney will latch on to this element, especially in this laptop case. Absent any other evidence, it's just as likely that the San Pedro man didn't form the intent to steal until after he was already inside the home. This is a prime case for theft, not residential burglary because when a defendant formed the intent to steal is the key difference between burglary and theft.

In this case, the prosecution is really going to have to nail down a timeframe for the defendant’s action. The prosecution will need to show something more than just his possession of the laptop. This is because he had a legitimate intent as he entered the home – work – and without more it is too much of a stretch to place intent to steal on him.

If he is convicted of first degree residential burglary, he faces two, four, or six years in the California State Prison and a maximum fine of $10,000. California Penal Code 462 instructs the judge not to issue a probationary sentence if he was convicted of burglarizing an inhabited structure unless it is an "unusual case where the interests of justice would be best served by doing so". Here, if the prosecution doesn’t reduce the charge to theft, then a judge should grant probation. This is because this is not a typical residential burglary – not at night, not with weapons, and not a “break in.” Either way, the San Pedro man faces a strike on his record.

This is an unfortunately black Friday for the San Pedro man. He really should have waited for the shopping deals on Black Friday. Instead, is in custody without bail because of his immigration status. However, this is an important Thanksgiving lesson – be thankful for modern technology and make sure to equip your important electronic toys with security software.

You can read the story of the Rancho Palos Verdes laptops stolen by the San Pedro man here.

Friday Family Feud: Child Abduction Charges

This week’s story is about a Lomita family and the child caught in the middle. The boy was in the legal guardianship of his paternal grandmother, which his mother apparently doesn't approve of. His biological mother, with the help of her parents, abducted the boy from his stroller. This happened while the boy’s relative was pushing the stroller he was in, down the street. Now, the biological mother and her parents didn't just run up and grab the boy. They verbally and physically confronted the relative before leaving with the boy.

Deputies were able to contact the biological mother and her parents, and convince them to return the boy. Of course, they were then arrested and released on bond. They will likely be facing charges of Penal Code 278, California's child abduction law. The child abduction law prohibits people who do not have legal custody over a child from maliciously trying to keep a child away from his/her legal parent/guardian. Since the biological mother and her parents did not have legal custody of the child, they can be charged with child abduction.

Child abduction is just a specially recognized form of kidnapping. California's kidnapping laws, found under Penal Code 207, 208, 209 and 209.5 PC, are violated when the defendant moves another person a substantial distance without that person's consent by using force or fear. “Force or fear” means inflicting harm or threatening too. "Simple" kidnapping is a felony, subjecting you to up to 8 years in the California state prison.

The biological mother and her parents are going to rely on the many defenses available to kidnapping. One defense is that the alleged victim consented to being moved. This is an obvious defense because a child will consent to going anywhere with his mother. The problem here is we do not know how old the child is, and typically children are deemed incapable of giving legal consent. They may also allege that they have the right to travel with the child. This would only be the case if the child custody order included such a travel provision. Otherwise, that defense may be a loser.

The biological mother and her parents could also allege that the prosecution will not be able to meet all the elements of kidnapping, especially as to force or fear. This goes back to a child wanting to go with his mother, no force or fear needed. A problem with this defense is that, when kidnapping a child, the only amount of physical force that is required is enough to take and carry the child away. Another problem they have is that they verbally and physically confronted the relative who had the child. This could be interpreted by the prosecution and a jury as being enough force or fear (threats of harm) to meet the elements of kidnapping.

The parents of the biological mother could have the best defense by asserting they were not the kidnapers but were merely present. The key here is where they were when the biological mother took the boy. Were they standing nearby, or just sitting in the car? If they were not aware of the biological mother’s plans, and they were just in the wrong place at the wrong time, then they should be acquitted. This could explain why they returned the boy, because they never intended to take him.

The last applicable defense could be a stretch to apply here, but there is a statutory defense where a defendant would not be guilty of kidnapping if the defendant took the child under 14 years of age to protect the child from danger of imminent harm. The biological mother and her parents would have to show that the relative pushing the boy in the stroller posed imminent danger to the boy. Without knowing more about the situation, all I can say is this will be tough to win.

Child abduction is a wobbler, which means it can be charged as either a misdemeanor or felony. As a felony, it subjects the defendant to a maximum four-year state prison sentence and a maximum $10,000 fine. If convicted of child abduction and kidnapping, the judge could order defendants to serve this sentence in addition and consecutive to the time imposed for the kidnapping charge. Simple kidnapping is a felony, punishable by three, five or eight years in the California state prison, and a maximum $10,000 fine.

Lastly, Simple kidnapping qualifies as both a serious felony and a violent felony. This means a conviction for violating California's kidnapping law counts as a "strike" for purposes of California's three strikes law. If defendants are subsequently charged with any felony - and have a prior "strike" on their record - they will be referred to as a "second striker," and the sentence will be twice the term otherwise required by law. If charged with a third felony - and there are two prior strikes - defendants will be referred to as a "third striker" and will serve a mandatory minimum sentence of 25 years-to-life in the state prison. That is a lot to face, and a lot to lose to get your biological child back.


Read the news story here.

Friday Favorite Flirty Criminals

This week’s favorite is about a flirty but dangerous mother-daughter team. This mother daughter duo allegedly conned a 90-year-old El Segundo man to give them $20,000 and to buy them a Mercedes-Benz. Police believe this duo likes to run cons and take advantage of elderly people. The mother was arrested this week, but the daughter remains at large, so be careful who you flirt with this weekend at the bars. The 29-year-old daughter is known to frequent areas in and around Harbor City, Downey, and Riverside.

The 90-year-old man was also conned into buying the duo a $2,000 mattress. They would also take him into banks, and tell him what to do, in order to get their money. The mother-daughter team was discovered after employees at an El Segundo Bank of America considered it suspicious that a 90-year-old man said he was withdrawing money to give it to someone but couldn’t remember their names.

The duo are facing charges for felony elder abuse and felony conspiracy to commit elder abuse. California "elder abuse" law covers a variety of crimes and can occur in a variety of situations. In this situation, elder abuse will be alleged to be in the form of financial fraud. It is considered “elder abuse” when it is directed at anyone over 65 years of age. The Los Angeles District Attorney's Elder Abuse Unit only prosecutes allegations of financial elder abuse if the monetary amount reportedly taken is either in the "thousands of dollars" range or involved a very sophisticated level of fraud or theft. Well, too bad for this mother-daughter team. They should have aimed low…..or not have defrauded an elderly man to begin with. ;)

Simply put, financial elder abuse is the theft or embezzlement of money or other property from an elder. This type of senior fraud is penalized in California Penal Code sections 368(d) and 368(e). In order to convict a defendant of senior fraud, the prosecutor must prove the following facts: 1) that defendant committed a "financial" crime (that is, theft, fraud, forgery, or embezzlement), 2) that the property involved in the crime belonged to an elder, and 3) in this case, that defendant knew or reasonably should have known that the individual was an elder.

The mother-daughter duo is going to face an uphill battle in their defense. It appears that the 90-year-old man is a very confused man. He doesn’t remember giving away that much money or even purchasing those expensive vehicles.

As for the conspiracy charge, a criminal conspiracy takes place when one agrees with one or more other people to commit a crime, and one of them commits an overt act in furtherance of that agreement. Any member of the conspiracy may commit the overt act which doesn't need to be criminal in and of itself. The act does need to be performed before the commission of the agreed upon offense. Maybe the daughter can argue that she never agreed with her mom to fraud this old man. She was just a victim of her mom too; she should utilize many available defenses to conspiracy.

Some of these defenses include: there was no agreement, there was no overt act, she withdrew from the conspiracy, she operated under a mistake of law, or she was falsely accused. Again, it will be tough for prosecutors to prove an agreement between mother and daughter. This will be especially tough if the daughter was never seen at any of the banks or the car dealership.

If they are convicted of committing felony conspiracy to commit elder abuse they face the same penalties that are imposed in connection with that felony. If convicted of felony senior fraud (“elder abuse”), they face the following penalties: formal probation; two, three, or four years in the California State Prison; and a maximum $10,000 fine.

In conclusion, that must have been some intense flirting by the duo with the elderly man. They got him to give them thousands of dollars in cash and gifts! Whether you are young or old, beware of these two.

Not a Friday “Favorite”, Just a Freaky Friday Story

This week, a Redondo Beach man pleads no contest in Torrance Courthouse to a charge of Penal Code section 289(e) sexual penetration of an intoxicated person. The story is not what you think, or anything you could think up on your own. The crime occurred after the victim went to the man’s home in Redondo Beach to work on his computer. The man provided his victim with an alcoholic beverage, and the next thing he knows – he finds himself in the man’s shower, alert but unable to respond to what was happening. The man was sexually assaulting the victim with a thin, hard object and later shaved his body hair. Freaky right?!

However, the victim doesn’t call the police or file any police report. Instead he sought treatment to determine if he had contacted a sexually transmitted disease. It was the doctor that reported the crime. I guess I am not the only one who finds it strange that the victim of this disgusting crime didn’t immediately go to the police. The defense attorney contends that the encounter was entirely consensual! If that is true than this is even freakier than I thought!

The man will spend three years in prison and have to register as a sex offender for the rest of his life. He decided to take the three year deal against his attorney’s advice because he was concerned about testimony regarding allegations that he had drugged and molested teenage boys as far back as 30 years ago.

You may not think three years is enough of a punishment for a grotesque crime as this, but trust me he is going to be punished for the rest of his life. Registration as a sex offender under Penal Code 290 PC (known as the Sex Offender Registration Act) is, perhaps, one of the most devastating penalties you face if convicted of a California sex offense. The Sex Offender Registration Act states that you are required to register as a sex offender for the rest of your life so long as you live, work, or attend school in California. This means keeping your local law enforcement agency informed as to your general whereabouts.

In general, the Sex Offender Registration Act requires that offenders annually update their information within five working days of their birthday. Beyond that, reporting requirements will depend on a variety of factors, such as whether (1) the offender moves, (2) is a transient, (3) the judge declares the offender a sexually violent predator, or (4) he is enrolled at or employed by a California institution of higher learning.

This Torrance case of the Redondo Beach offender sounded like it was somewhat violent. The crime is not classified as a violent crime in the statute, but if the Judge determines he is a sexually violent predator then he must update his information with local law enforcement every 90 days. A "sexually violent predator" is an individual who has been convicted of a violent sexual offense and who has a diagnosed mental disorder rendering him/her a threat to the community.

Let’s not forget about Megan’s Law. Once a sex offender reports to his local law enforcement agency, the agency forwards his information to the California Department of Justice (DOJ). The Sex Offender Tracking Program at the DOJ maintains California's list of registered sex offenders. This information is generally available to the public over the Internet on the DOJ's Megan's Law website.

The information on the website will typically include the offender’s name, a photo, identifying information (height/weight, eye color, tattoos), and the offense(s) which subjected the offender to Penal Code 290 sex offender registration.

So, the Redondo Beach man will be forever punished as new neighbors and employers find out about his sex offender status. As for his Redondo Beach or Torranceneighborhood, they should check out the Megan’s Law website in three years to see if this freak is back living on their streets.

You can read the news story here.