Los Angeles Criminal Defense Lawyer Blog

Los Angeles County sheriff's officials told the public recently they don't expect further arrests in the situation at Miramonte Elementary School, where two teachers so far have been arrested on various abuse charges, the Los Angeles Times reports.

Among the allegations at the school are that teachers were engaging in sex abuse in Los Angeles at the school. The first teacher was arrested after controversial photographs were found and detectives began investigating the school and other staff members.

This case is one that Los Angeles criminal defense lawyers are following not only because of the news media appeal but also the allegations that have been made against the defendants.

The first teacher was arrested after images surfaced that allegedly showed students with their mouths taped over, blindfolded and some being fed from a spoon. In some of the photos, the children are allegedly seen eating cockroaches. Other allegations include that the teacher fed students bodily fluid on a spoon as part of a "tasting game."

Initially, 40 photos were found at a CVS pharmacy photo lab. Authorities have said they recently recovered 200 new photos taken by another teacher, the second to be arrested. Including the teacher's home, authorities now say they have more than 400 photos.

The first teacher now faces 23 counts -- all felony charges -- and is being held on $23 million bail. A second teacher was arrested and charged with three counts of lewd acts upon a child. New students began making allegations after news of the first teacher's arrest spread.

During the last 20 years, the newspaper has reported other alleged victims who have complained about the teacher, including a former student who said in 1994 that he grabbed her genitals inappropriately. Four years ago, a parent complained after he saw a photo of his daughter eating a cookie that appeared to contain the man's bodily fluid.

The issue here is what the state will be able to prove. While the photos may show a substance people are assuming is semen, assumption and proof are far apart. If officials aren't able to produce any proof that the man fed such a substance to these students, the allegations appear to be baseless.

Perhaps taping a child's mouth or feeding them strange things isn't wise and maybe violates school policies, but it's unclear whether it's actually criminal. Prosecutors have a big media case on their hands, but they better have the proof to back up the allegations.

While the two teachers have been arrested, sheriff's officials said they have interviewed other staff members based on other allegations and don't believe there will be further arrests. Another alleged victim had complained about a third teacher, yet investigators are saying there is no proof to those allegations. Given the media attention so far, this will be an interesting case to continue following as it progresses.

Continue reading "Sheriff's Office Doesn't Expect Additional Arrests in School Sex Case" »

A Hollywood young actors manager was recently arrested and charged with suspicion of molesting a former client, and investigators have said they believe there could be more victims.

It's been a strange year for sex crimes in Los Angeles and nationwide. Take the ongoing Penn State University scandal for instance, in which a former football defensive coordinator has been charged with molesting at least 10 boys in a span of more than a decade. In another ongoing case, alleged victims have accused a former Syracuse University basketball coach of sexual misconduct.

It appears that alleged sexual assault victims have been more bold in coming out and making allegations. And while in many cases they were indeed abused, this doesn't mean that every person accused is guilty. Many are, in fact, being accused for the potential financial benefits.

Our Los Angeles criminal defense lawyers have seen many high-profile Los Angeles and Hollywood executives and officials charged with crimes, including sex crimes, only to see them later dropped because witnesses recant their testimony or cases fall apart because of credibility with the alleged victim.

According to a news article by the Los Angeles Times, the manager faces one count of suspicion of committing lewd acts upon a child under 14. Detectives obtained a search warrant for the Santa Monica house where the 47-year-old man lives and runs his business.

A singer is the alleged victim and told police he had been sexually assaulted in the man's apartment and in a Woodland Hills house. Bail has been set at $300,000.

According to a detective's affidavit, the accuser, now 18, told police in November that the man had molested him starting when he was 11 or 12. The detective wrote that the teen had been forced to have sex with the suspect between 30 and 40 times over three years, until he was 15. The alleged victim said the manager told him that it was common in the entertainment industry and that if he told anyone, they would both be hurt, including the boy's career.

When the boy was 15 and stopped doing business with the man, the alleged abuse stopped. The boy confronted the man in November and taped their conversation, fearing there might be other victims. The man, in the secret recording, allegedly acknowledged the two had sexual contact, but denied abuse. He said the boy was interested.

The teen went to police and allowed them to listen to the recording. The alleged victim told police others had spent the night at the house. The newspaper reported it was unclear if police found any evidence of child pornography or photos of the teen or other boys at the apartment.

According to California law, it is a crime to record or eavesdrop on any conversation in which you haven't told the other person you are recording. So, while the alleged victim in this case may have been trying to gain evidence, he may have committed a crime in doing so.

It will be incumbent upon the suspect's Los Angeles sex crimes lawyer to investigate whether any evidence of the recording can be brought into trial and whether the case should have gone forward considering the questionable start to the case. If other evidence was found as a result of an illegal recording, it's possible that evidence could be suppressed, or kept out of trial.

Continue reading "Hollywood Young Actors Manager Charged With Molestation in Los Angeles" »

A recent rape case in a district attorney's office near the San Francisco Bay area blew the cover off of an office atmosphere where crude sexual behavior was rampant. But it also shows that witness credibility in Los Angeles sex crimes cases is key to the prosecution and the defense.

In any sex case, the credibility of the witness is going to be a big factor. In cases where there aren't any eye witnesses other than the alleged victim, it becomes even more critical to the state's case. Any person can make up allegations of a sex crime, but without physical proof -- such as DNA or fingerprints -- that prove a person was in the place the alleged victim says the crime occurred, words matter.

And as Los Angeles criminal defense lawyers have seen, who is saying those words is just as important sometimes as what is said. In this case, a person's credibility has derailed the prosecution of an alleged rape.

According to the Los Angeles Times, a 54-year-old prosecutor in Martinez, outside San Francisco, was charged with rape after a co-worker alleged that he had raped her during their lunch break in a case where they prosecuted a person for molestation.

The two had had a sexual encounter before and she said he was "pretty kinky," but she alleged that when he used ice cubes, an ice pick, handcuffs and a gun that caused bleeding, it was rape. He admitted to having rough sex, but said it was consensual.

A judge dismissed the charges recently because while the grand jury heard the woman's side of the story, they didn't hear facts that could have undermined her credibility. They include the fact that she reported the rape to her bosses and they did nothing for four months and even allowed the two to work together, showing they didn't believe her.

The newspaper reports that the 33-year-old woman was a part-time employee who had done poorly on job evaluations and hadn't been offered a full-time position. Some believe she had a motivation to lie in order to free up a position. Her boss was more concerned about her suing if she wasn't offered a job than believing she was telling the truth. She also didn't want to report the case at first.

As the three-year-old case was ongoing, investigation revealed that the sex crimes unit for the district attorney was called a "sex club" by workers there, who would discuss their sexual adventures over lunch and drinks. Some said they enjoyed prosecuting sex crimes because it gave them ideas for the bedroom. And the workers would have co-ed "slumber parties."

Because of the conflict of interest of someone in the office prosecuting a co-worker, the attorney general's office handled the case. The newspaper reports the office is deciding whether to appeal the ruling or file new charges. They say they will take the wishes of the woman, who has since moved to Florida, into consideration.

Continue reading "Bay Area Rape Case Shows Sex Crimes Prosecutions in Los Angeles Can Be Undermined By Credibility Issues" »

To pimp or not to pimp seems to be the question.

The San Francisco Chronicle is reporting that the California Supreme Court has been asked to decide the case of a man convicted of pandering in Los Angeles after he allegedly tried to recruit an undercover police officer to prostitute for him.

A sex crimes defense lawyer in Los Angeles can best help a defendant determine the best course of action when facing charges of prostitution, pandering or solicitation of prostitution in Los Angeles. Too often, embarrassed defendants simply plead to the charges. We think that is a mistake. Having a conviction for a sex crime on your record can impact your life for years to come and may even require you to register as a sex offender.

In a novel legal argument, his Los Angeles defense attorney managed to get the high court's attention by arguing that a defendant could not be guilty of pandering by attempting to get a prostitute (or someone posing as a prostitute) to engage in prostitution. Only by attempting to recruit an innocent party, could a defendant face a pandering charge.

The defendant was arrested in 2007 and sentenced to four years in prison. He has since been released. His attorney argues a pandering charge shouldn't stick if a pimp simply tries to get a working prostitute to chance management. The California Attorney General's Office argues the law was meant to imprison pimps regardless of the alleged target.

The court appeared divided on the issue, with several Justices at least giving the argument a fair hearing.

A ruling is expected within the next 90 days.

Continue reading "Pimp argues pandering charges in Los Angeles don't apply to cases involving prostitutes" »

A Granada Hills highs school teacher is facing sex crimes in Los Angeles after being charged with having sex with an underage female student, the L.A. Times reported.

Consulting with an experienced Los Angeles criminal defense attorney is vital from the moment you believe that you or a loved one is the target of such an investigation. The zero tolerance policy in today's school system often subverts all common sense and leads to a situation where a respected teacher or coach is guilty unless proven innocent.

In this case, the 8-year veteran of Hillcrest Christian School in Granada Hills was arrested and booked on suspicion of multiple sex crimes. Detectives have appealed for other possible victims to come forward. The defendant, who was a health teacher, athletic director and assistant coach in boys basketball and baseball, allegedly had an ongoing sexual relationship with at least one female student since the beginning of the school year.

If you are the subject of such an investigation, DO NOT TALK TO AUTHORITIES. PERIOD.

Unfortunately, the potential for shame and embarrassment frequently lead a suspect to attempt to talk his way out of trouble. Detectives know this and will play on it. In other cases, an investigator may approach a suspect as if the allegations are little more than a nuisance. In short, no amount of deception is beyond the limits of authorities in such cases.

These cases are typically decided based on the testimony of the defendant and the victim. Frequently, it comes down to he-said, she-said and who is most believable. In cases where authorities fail to get a statement from a defendant, there may not even be enough for criminal charges. And any statement a defendant does make, could contradict a future defense strategy.

If you are being questioned under such circumstances, you are very likely going to be arrested and your chances of talking your way out of being charged are virtually non-existent.

Our Los Angeles sex crime lawyers understand the embarrassment of such charges. We also understand that the only adequate defense is a knowledgeable and aggressive offense.

Continue reading "School sex charges in Los Angeles require aggressive criminal defense" »