California Criminal Defense Lawyer Blog

The Tehama County DA announced the first arrest following its newly launched Operation Safe Sam, a sting operation where the Sheriff’s office runs fake MySpace ads under the guise of an adolescent girl looking for excitement. Tehama County DA sting run on MySpace
Benjamin Dennis, 32, responded to the MySpace profile and propositioned the “girl,” according to the DA’s charge. Following 8 days of emails and after the two agreed to meet, Dennis was arrested and arraigned on February 19, 2008; his preliminary hearing is set for March 10, 2008; he faces a maximum sentence of five years, eight months in state prison; when he is released he will obligated to register as a sex offender, if convicted.

As an attorney who once lived and practiced criminal law in rural Northern CA (Humboldt and Mendocino counties), it is flat-out irresponsible to spend the little money rural county CA law enforcement has available on such stings.

If the DA was looking for those preying on pre-pubescent girls, the stings would be justified.

Although men should not be trying to have sex with teenagers, albeit teenagers not only willing to have sex but advertising for it, why spend money arresting and convicting them of when that same money could be spent trying to locate and stop real sexual predators?

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Posted In: California Cases , Internet Sex/Porn , Internet Stings , Sex Crimes

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Today’s Academic Newswire has a fascinating review of a new study entitled, “Online Predators and Their Victims: Myths, Realities and Implications for Prevention.”
Guess what? It is the same old thing: young guys hit on young girls, and some young guys hit on younger girls. Except now they do it a lot on the Internet. And except now it is a http://www.sexcrimescounsel.com/lawyer-attorney-1278040.htmlcrime—an actively prosecuted crime in fact.
Why else is this interesting? Because, contrary to common belief and contrary to what many legislators apparently want us to believe: “MOST ONLINE SEX OFFENDERS ARE YOUNG MALES WHO TAKE THE TIME TO DEVELOP THEIR VICTIMS’ TRUST AND CONFIDENCE.” They are NOT pedophiles posing as young men to lure their victims. They are young men of legal age.

The victims are young girls, not yet of legal age, who have begun seeing the relationship in romantic and then sexual terms. Same old, same old

Lead author of the study, Janis Wolak, said, “ Most Internet-initiated sex crimes involve adult men who are open about their interest in sex. In most cases, the victims are aware that they are talking to adults.”

Among other interesting findings:

Nearly 75% of sex crime victims who met offenders face to face did so more than once
Girls who engage in 4 or more risky online behaviors—such as discussing sex online and allowing strangers to join their buddy lists—are much more likely to be victims of sex crimes
Gay boys are most susceptible to Internet sex crimes, accounting for almost one-quarter of criminal cases

The study concluded:

“Internet sex crimes involving adults and juveniles more often fit the
model of statutory rape—adult offenders who meet, develop relationships
with, and openly seduce underage teenagers—than a model of forcible
sexual assault or pedophilic child molesting.”

In other words, another example of why the Adam Walsh Act should be scrapped.

For a full look at this excellent study, go to Online "Predators" and Their Victims: Myths, Realities, and Implications for Prevention and Treatment

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Posted In: Adam Walsh Act , Falsely Accused , Federal Crimes , Internet Sex/Porn , Sex Crimes

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In an important decision handed down on Wednesday, February 20, 2008, the U.S. Supreme Court—in a new pro-defendant twist on federalism—ruled that state courts may retroactively apply new constitution developments benefiting defendants, even if federal courts could not do so.

Years after a Minnesota man, Stephen Danforth, was convicted of sexually abusing a child in 1996, and after his conviction became final on appeal, he went back to court seeking the benefit of a 2004 Supreme Court decision that enhanced the right of defendants to confront their accusers in open court. The six-year old child had given a videotaped interview rather than appear in open court.

The court’s 7-2 decision opens the way for convicted child abusers to challenge their convictions by cross-examining accusers.

Danforth is currently serving a 26 year term.

To read the full opinion, see Danforth v. Minnesota, No. 06-8273

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Posted In: Federal Cases , Federal Crimes , Sex Crimes

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An East Bay physician must stand trial for attempting to engage in a sex act with a minor, according to an article appearing today in The Press Democrat. Doctor must stand trial in sex sting case

Dr. Maurice Wolin was one of 29 men arrested in August 2006 for engaging in lewd Internet chat conversations followed by attempts to meet under aged boys for sex purposes, as filmed by TV cameras. After arriving at a Petaluma home, Dr. Wolin and the other 28 men were confronted by a NBC reporter before they were arrested

The Sonoma Superior Court held that the DA has enough evidence to bring a case for attempted child molestation.

Dr. Wolin has chosen to fight the charges while at least 12 other defendants (presumably with less ready cash to pay for a defense) have already settled with plea bargains with terms that include 9 months in the county jail and life registration as a sex offender.

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Posted In: Bay Area Cases , California Cases , Internet Sex/Porn , Internet Stings , Sex Crimes

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Orlando, Florida deputies arrested a convicted sex offender, who was going around his community identifying himself as a police officer. Sex Offender Charged With Impersonating Officer
Michael Rodgers wore a police vest around the neighborhood, told everyone he was a cop, and said that if they had trouble they should come see him. One neighbor, suspicious, went to the Florida web site of registered sex offenders and discovered that Rodgers was a registrant who had spent 6 years in prison for lewd and lascivious conduct on a child under 16.

Since the sentence for that crime in Florida is 10 to 15 years, he could be facing up to 10 years for violating probation by committing the crime of falsifying the identity of a police officer.

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Posted In: Celebrity and Odd Ball , Sentencing , Sex Crimes

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The FBI arrested a Novato, CA. school bus driver and den leader for the Boy Scouts as he entered a Marin County courtroom on state charges relating to the same crimes. Novato school bus driver facing federal pornography charges

The man, McGinnis Benedict, 52, was making a required appearance at a preliminary hearing for state charges brought for his having downloaded child porn on his lunch break at work and when his wife was asleep at night at home.

Benedict was already facing 25 felony counts for possessing child pornography in the state court when the Feds stepped in.

Use of the Internet for child porn is both a state crime and a Federal crime, carrying heavy penalties.

After the FBI arrested Benedict they asked Marin County to hold him in its jail until they can get him before a Federal judge in San Francisco. Then the feds will let him come back to Marin to face the state charges.

Benedict’s Boy Scout membership has been revoked.

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Posted In: Bay Area Cases , California Cases , Child Pornography , Federal Crimes , Internet Sex/Porn , Internet Stings , Sex Crimes

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Terry Franklin drove into Miguel Gomez’s Antioch, CA home, causing a fire to both car and home that led to Gomez, with burns, running out the front door of his house. Franklin tried to leave the scene of the accident but was apprehended. Drunken Driver Crashed Into an Antioch Home

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Posted In: Bay Area Cases , California Cases , Celebrity and Odd Ball , DUI/Drunk Driving

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Hats off to the Florida judge who ruled that Debra Lafave's conversations with a co-worker about "girl’ things," including sex, did not constitute a willful and substantial breach of her terms of probation. Deborah Lafave not going back to jail

Ms. Lafave had sex with a middle-school boy while she was a teacher at his school and she got caught. She is serving 3 years house arrest and seven years probation. The press was claiming she could get "up to 30 years in prison" for the alleged probation violation.

Some judges get it right. Ms. Lafave was told she was free to go.

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Posted In: Probation/Parole , Sex Crimes

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The Marin County DA is taking GI Jane back to trial. Army reservist 'G.I. Jane' going back to court

Jane Parkhurst, the Army reservist who inspired the movie, G.I. Jane, ran her Hummer H2 off a West Marin highway and was arrested for a DUI in late 2006. The matter was tried and the jury deadlocked on one count while acquitted on the other.

In California, all DUIs are charged as two counts, one for driving while intoxicating and the other for driving with a BAC of .08% or over. In this case, the jury concluded it could not decide whether or not Ms. Parkhurst was driving drunk, but that she was not driving with an over-the-limit BAC.

The acquittal on the second count might be due to the fact that the jury believed Ms. Parkhurst claim that she did all her drinking after the accident, before being tested!

The Marin DA wants to re-try her on the first count only in that double jeopardy rules out a re-trial on the count for which she was acquitted.

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Posted In: Bay Area Cases , California Cases , Celebrity and Odd Ball , DUI Defense , DUI/Drunk Driving

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An article titled “Online Predators and Their Victims” appeared February 21, 2008, in the journal American Psychologist that identified the following myths:

Myth: Internet predators are driving up child sex crimes

Fact: Sexual assaults on teens fell 52% from 1993 to 2005

Myth: Internet predators are pedophiles

Fact: Internet predators target adolescents, not prepubescent children

Myth: Internet predators represent a new dimension to child sexual abuse

Fact: Most Internet-related offenses are essentially statutory rape: non-forcible sex with minors too young to consent Internet predators abduct or trick the victims

Fact: Three quarters of the victims have repeat sex with the predator and go to the first face-to-face meeting expecting to have sex

Myth: Internet predators pose online as teens in order to meet teens

Fact: 95% of predators do not pose as teenagers to meet teenagers

Myth: Internet predators go after any child

Fact: Internet predators target boys and girls of uncertain sexual orientation, often with a history of sexual abuse and risk-taking

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Posted In: Child Pornography , Federal Crimes , Internet Sex/Porn , Internet Stings , Sex Crimes

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The Center for Disease Control and Prevention, a part of the U.S. Department of Health and Human Services, has an interesting study on alcohol-related crash rates involving young drivers
As a criminal defense lawyer with an active DUI practice, I took particular note of the arguments in favor of:
* Lowering the minimum BAC to .05 from .08
* Prompt and longer suspensions of drivers’ licenses, a la the Scandinavian model
* Substantially increasing the number of alcohol check-points

If these arguments are as persuasive to state legislators as they were to me (and that may be the case), the DUI bar has nothing to worry with respect to getting enough business.

Continue reading " Drunk Driving: An Argument for Lowering Blood Alcohol Concentration (BAC) " »

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Posted In: DUI/Drunk Driving

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What a difference two years make! A teenager’s recent arrest last Tuesday, February 19, 2008, in Novato, CA illustrates the significance of the age of the accused in sex crimes. Novato teen held in molest case The teenager’s name is being withheld until his age is determined. Initially he claimed he was 18; after being arrested he remembered he was only 16.

Marin County District Attorney appeared personally at the arraignment (highly unusual) and stated that the accused had admitted to engaging in sexual activities with the victim, following notice from the Novato Community Hospital of sexual assault injuries.

As is frequently the case, the accused was a friend of the family. In addition to a $1 million bail, the suspect is being detained on a federal immigration hold.

The age of the accused issue in this case highlights an issue being debated fiercely by prosecutors, the defense bar, and the academic community in California and other states: should a 16 or 17 year old guilty of sexual abuse or assault be treated wholly differently than an 18 year old guilty of the same thing?

In this case, if a minor, the suspect faces several years of incarceration in a youth facility as well as some rehabilitation facility time. If an adult, the suspect faces at least an 18-year mandatory minimum in state prison and life-long registration as a violent sexual predator.

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Posted In: Bay Area Cases , California Cases , Juvenile Crimes , Sex Crimes

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The Marin County DA has decided to drop drug charges against a 19 year-old student who complained about a sheriff’s deputy sexually harassing her. Marin Independent Journal: "Drug case dropped; deputy's action blamed"
The student, Sarah Rawlins, was charged with selling drugs to an undercover task force detective on several occasions. Subsequently, a detective, Tyrone Williams, told her if she “cooperated,” her case might get dismissed. She cooperated. Then Officer Williams started bringing her flowers and making sexual advances.

Only days after Ms. Rawlins’ defense attorney filed a motion citing Officer Williams' sexual advances, the DA dropped the case.

This case will prompt legal challenges from other Marin County defendants investigated by Williams. Under California law, the DA must provide defense attorneys with any unfavorable information and that includes personnel information that might cast doubt on a police officer’s credibility.

This is not the first time Marin’s County’s Major Crimes Task Force, a drug unit, has been involved with sex on the job. The last time, the accuser took away $300,000 in damages from the Sheriff’s office—following accusations of improper sexual advances.

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Posted In: Bay Area Cases , California Cases , Celebrity and Odd Ball

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Charges filed against radio talk show host Bernie Ward resulted from his obeying the dominatrix’ command to, “Send me some [pictures]; why haven’t I gotten any pics, slave?” Judge unseals indictment against Bernie Ward
In response, the popular talk show host promptly obeyed with a picture of a naked boy sitting between a topless woman and a clothed young girl. This picture prompted the dominatrix to contact the Oakdale, CA. police, telling them that the former priest had also emailed her messages about group sex at a San Mateo porn theater.

The Oakdale police contacted the FBI and a federal grand jury indicted Ward on two counts of possessing and distributing child pornography using the Internet.

Ward’s business attorney, Jeannette Boudreau, said, “The authorities have been in possession of these messages for three years. Bernie was only just indicted in December [2007]. There is no doubt in my mind that they would have allowed Bernie to conduct his family and work life as usual for all that time if they believed the content of the messages to be factual.”

This is just another illustration that you are completely, 100% exposing yourself to any possible claim on the Internet. Remember, when it comes to child porn and the Internet you do not have the same rights and privileges under the law as defendants do for other crimes. I write more about this at www.sexcrimescounsel.com

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Posted In: Bay Area Cases , California Cases , Celebrity and Odd Ball , Child Pornography , FBI , Federal Crimes , Internet Sex/Porn , Sex Crimes

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The Kentucky Attorney General is proposing new legislation dealing with Internet sex crimes, which state legislators have promised to enact. Attorney General Conway & Representative Bell Introduce Cybersafety Legislation

Law enforcement will be permitted to use “specially trained or non-sworn personnel” for online stings.

Prosecution of the 350 Kentucky registered sex offenders who have been removed by MySpace and Facebook will be enabled.

Online identities of offenders will be included in their state sex registry record - bringing Kentucky into compliance with the federal Adam Walsh Child Protection and Safety Act.

Amends the state’s stalking statute to include cyberstalking.

In addition to its self described “cybersafety legislation,” the Attorney General’s office has pledged to create an Internet Crimes Unit.

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Posted In: Federal Crimes , Internet Sex/Porn , Internet Stings , Sentencing , Sex Crimes

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I just learned of another over-the-top law affecting those deemed to be sexual predators, this time an ordinance approved on February 12, 2008 by the Fort Walton Beach, Florida, city council.

The ordinance makes it illegal for registered offenders to attend cultural affairs, recreation centers, and city parks within the city limits; they may no longer enter such facilities as the Indian Temple Museum or the Tennis Center.

This ordinance was written after a stricter law discussed in 2007 was deemed unenforceable by the police; it would have make it illegal to live within 2000 ft of “wherever children gather”—usually something of a moving target.

One city council member summed up the council’s attitude: “The other benefit of the public realizing these are predator-free areas is just as important as he predator not being there at all.”

My take on this?

Florida state law is more than sufficiently draconian already.

For just one reference to all the reasons such legislation is counter-productive (aside from being mean-spirited), see “No Easy Answers: Sex Offender Laws in the U.S.”—published by Human Rights Watch in September 2007. I refer you to the following language from that study:
“Laws aimed at people convicted of sex offenses may not protect children from sex crimes but do lead to harassment, ostracism and even violence against [them]; politicians didn’t do their homework before enacting these sex offender laws. Instead, they have perpetuated myths about sex offenders and failed to deal with the complex realities of sexual violence.”

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Posted In: Adam Walsh Act , Federal Crimes , Sex Crimes

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Remember all that fuss about why the telecoms permitted the government to spy on citizens without warrants? It was due to patriotism. They were allowing wiretapping without warrants because they were “good patriots.” That is what they told us.

Item: A Justice Department audit recently released disclosed that many wiretaps have been cut off because the FBI forgot to pay the bills, tens of thousands of dollars of bills. In one office alone, unpaid bills amounted to $66,000.

When it came to getting paid, patriotism apparently lost its luster for the communication giants. It did not want to give the U.S. government any more credit.

Remember the old saw about the last refuge of scoundrels?

Convenient patriotism, this.

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Posted In: Celebrity and Odd Ball

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