Law Offices of Jonathan Franklin: November 2013

Friday, November 29, 2013

Police Message to Drivers #DUI #DefenseAttorney

Newsflash from your Hollywood Attorney:

With the holiday season now in full swing, law enforcement agencies across Santa Barbara and San Luis Obispo counties are reminding drivers if they drink or use drugs and drive, they will be arrested.

“Absolutely, yes, the person will be arrested,” said California Highway Patrol Officer Craig Carrier, who works in the agency’s Santa Maria office. “If an officer believes you’re impaired, you will be arrested.”

The legal limit to drive in California with alcohol in your system is .08. However, even if drivers have a blood alcohol content less than the legal limit, they can still be placed in custody if they fail a field sobriety test.

“Just because you’re under the legal limit doesn’t necessarily mean you’re not under the influence,” Carrier explained. “You could still be arrested.”

Getting arrested for driving under the influence is no way to celebrate the holidays, and a first-time DUI offense will also hit the pocketbook hard.

A first-time DUI offense will cost the offender close to $13,500, with an average $8,000 increase in car insurance, more than $2,500 in attorney fees and almost $1,600 in fees, fines and penalties, among other costs.

The best way to avoid arrest and a trip to County Jail during the holiday season is not to get behind the wheel after drinking, using illicit drugs such as marijuana or taking prescription drugs.

“Marijuana use is right behind alcohol in terms of driving under the influence,” Carrier said. “We also see a handful of prescription medicine arrests.”

CHP Officer Danny Maher, who works in the agency’s Coastal Division office in San Luis Obispo, said driving while using prescription medicines can also impair a person’s ability to safely operate a motor vehicle.

Many times people believe because the drug was prescribed by a medical doctor, they are safe to get behind the wheel. However, that isn’t always the case, especially with pain and anxiety medications, which often cause drowsiness, Maher said.

Because drunken and drugged driving remains the No. 1 killer on the state’s roadways — nearly 30 percent of all traffic fatalities are the result of driving under the influence collisions — the CHP is once again ramping up its efforts this holiday season to keep DUI drivers off the streets.

The law enforcement agency is engaged through Sunday in a Maximum Enforcement Period (MEP), additional officers patrolling the highways. The agency will also enact the MEP during the Christmas and New Year’s Eve holidays.

“We want to stop DUIs and injuries out on the highways,” Maher said about the MEP periods. “Obviously, there’s going to be more drinking and celebrating at this time of the year. So, we do see more (DUI drivers) out on the road.”

The CHP will also be conducting more DUI checkpoints throughout the holiday season in another effort to keep DUI drivers from operating a motor vehicle. The goal of increased checkpoints at this time of year is to deter impaired driving in the first place.

“Anytime that we have officers on the street ... that’s a life saved,” Carrier said. “Hopefully, people think twice before they get behind the wheel.”

Traffic accidents involving alcohol have been shown to drop by 20 percent when well-publicized checkpoints are conducted regularly.

In 2010, the CHP conducted 264 checkpoints across the state during the holidays, screening 138,720 vehicles and arresting 620 drivers for DUI.

Both Maher and Carrier said there’s no hard-and-fast rule for knowing when a person has had too much to drink and shouldn’t drive and recommend always having a plan in place for a safe ride home prior to celebrating.

“If you consume alcohol, don’t drive. Find somebody else to drive for you,” Carrier said. “That’s the safest alternative. Every little bit impairs you some. Even if you think you’re OK, you’re probably not.”

“Think before you drive and always designate a driver,” Maher added.

Source.... http://www.lompocrecord.com/news/local/chp-s-message-to-drivers-don-t-drive-drunk/article_d0695788-58ad-11e3-bbfb-0019bb2963f4.html

Stay Safe Out There - If You Need Help just Give Me a Call!

To schedule a free consultation and learn how we can help you, contact Beverly Hills DUI Attorney Jonathan Franklin today.

http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Wednesday, November 27, 2013

Text Messages Lead to Suspected Drug Arrests

Newsflash from your Hollywood Attorney:

A suspected drug dealer's cellphone just wouldn't stop buzzing after he was taken into custody, leading police to two additional arrests in Northern California.

Sebastopol police say they arrested 19-year-old Rafael Alexander Onofre — who is on parole for a felony methamphetamine-selling conviction — at about 9 p.m. on Saturday when they found he was carrying 24 nitrous oxide canisters.

After the arrest, text messages began appearing on Onofre's phone from someone offering to sell him hashish.

The Santa Rosa Press Democrat reports (http://bit.ly/Iruy8V ) that officers texted the person back, posing as Onofre and setting up a meeting.

At about 10:15 p.m., 22-year-old Emmanuel Zaragoza-Rodriguez and 26-year-old Salvador Mendoza Suarez arrived at the meeting place, where police then arrested them on several drug-related charges.

Source... http://www.modbee.com/2013/11/26/3055361/text-messages-to-ca-drug-suspect.html#storylink=cpy

Tuesday, November 26, 2013

1st Time Ever, a Prosecutor Goes to Jail for Wrongfully Convicting an Innocent Man

Newsflash from your Hollywood Attorney:

In Texas, former prosecutor and judge Ken Anderson pled guilty to intentionally failing to disclose evidence in a case that sent an innocent man, Michael Morton, to prison for the murder of his wife. When trying the case as a prosecutor, Anderson possessed evidence that may have cleared Morton, including statements from the crime’s only eyewitness that Morton wasn’t the culprit. Anderson sat on this evidence, and then watched Morton get convicted. While Morton remained in prison for the next 25 years, Anderson’s career flourished, and he eventually became a judge.

In today’s deal, Anderson pled to criminal contempt, and will have to give up his law license, perform 500 hours of community service, and spend 10 days in jail. Anderson had already resigned in September from his position on the Texas bench.

What makes today’s plea newsworthy is not that Anderson engaged in misconduct that sent an innocent man to prison. Indeed, while most prosecutors and police officers are ethical and take their constitutional obligations seriously, government misconduct–including disclosure breaches known as Brady violations–occurs so frequently that it has become one of the chief causes of wrongful conviction.

What’s newsworthy and novel about today’s plea is that a prosecutor was actually punished in a meaningful way for his transgressions.

I give speeches about the Innocence Movement, and tell stories from real cases, all around the world. No matter where I am, when I finish speaking the first question usually is, “What happened to the police/prosecutors who did this to the poor guy?” The answer is almost always, “Nothing,” or worse, “The police officer was promoted and now is the chief of his department.” The adage that the powerful go unpunished is no truer or more visible than with police officers and prosecutors in America–even when they send innocent people to prison from their misconduct.

My client Roger Dean Gillispie of Dayton, Ohio, for example, spent 20 years in prison as a result of police misconduct. In 2007, we presented overwhelming evidence that the police officers, like Anderson in the Morton case, failed to turn over evidence to the defense before trial that would have cleared Gillispie. We also supplied the court with evidence that the police officer in charge had harassed and intimidated witnesses helpful to the defense, and had manipulated the evidence. Before going to court to clear Gillispie, we met with the local prosecutors, hopeful that they wouldn’t tolerate such misconduct and would do a thorough (and neutral) investigation to get to the truth. Instead, they simply denied everything in knee-jerk fashion, and fought to keep Gillispie in prison until a federal court finally found government misconduct and threw out his charges in December 2011. To this day, the police officer in the case has not been investigated by a neutral, independent body. The only thing he has received is promotions.

Rogue cops and prosecutors going unpunished is the rule rather than the exception. In Illinois, two police officers whose improperly grueling interrogation techniques led to the wrongful conviction of Juan Rivera and others were not penalized when their 3rd degree tactics came to light. Rather, they were recently hired at taxpayer expense to teach interrogation courses to other police officers around the state.

A recent study found prosecutorial misconduct in nearly one-quarter of all capital cases in Arizona. Only two of those prosecutors have been reprimanded or punished. This led the Arizona Republic to conclude:

There seldom are consequences for prosecutors, regardless of whether the miscarriage of justice occurred because of ineptness or misconduct. In fact, they are often congratulated.

Fortunately, there is something very simple that judges across the country can do to eradicate this problem. All judges, state and federal, should issue the standing “ethical rule order” proposed by the Hon. Nancy Gertner and Innocence Project Co-Founder Barry Scheck. The proposed order requires prosecutors to disclose, pre-trial, all evidence that “tends to negate the guilt of the accused or mitigates the offense.” Details regarding the proposed ethical rule order, including all the justifications supporting it, can be found in this article by Barry Scheck.

The reason such standing ethical rule orders are important is that they allow prosecutors, like Ken Anderson, to be held in criminal contempt if they are later found to have engaged in misconduct. Anderson could be punished today only because such an order had been issued in the Morton case.

Today’s conviction of Ken Anderson stands out as an extreme aberration in a society where police and prosecutorial misconduct goes largely unpunished. But it is a step in the right direction. Hopefully, today’s result will deter rogue cops and prosecutors in the future from engaging in similar misconduct. But this will happen only if judges across the country do what the judge did more than 25 years ago in the Morton case: issue an order requiring that proper disclosure to the defense, or risk criminal contempt proceedings.

Source.... http://worldtruth.tv/for-the-first-time-ever-a-prosecutor-will-go-to-jail-for-wrongfully-convicting-an-innocent-man/

Monday, November 25, 2013

Roadblocks in 30 U.S. Cities by Federal Contractors to Collect DNA Samples

Newsflash from your Hollywood Attorney:

Setting Up Roadblocks in 30 U.S. Cities by Federal Contractors to Collect DNA Samples

Federal contractors have been setting up roadblocks in cities across the country with the purpose of collecting DNA samples from passing motorists. The multi-million dollar federal program has been disturbing drivers and alarming civil libertarians.

The checkpoints consist of uniformed agents blocking a public road and flagging drivers into a testing area or a parking lot. There, the drivers are requested to submit a saliva or blood sample to the federal government.

The roadblocks were part of a study orchestrated by the National Highway Traffic Safety Administration (NHTSA). The agency contracted the Pacific Institute for Research and Evaluation, based in Calverton, MD, to perform the roadblocks. The program costs taxpayers $7.9 million over 3 years, according to NBC News Dallas-Fort Worth: http://usnews.nbcnews.com/_news/2013/11/19/21537740-texas-drivers-get-asked-for-saliva-blood-at-police-roadblock

The agency confirmed that the operation is currently being launched in 30 different U.S. cities.

Drivers are offered cash for surrendering DNA samples. The going rate is $10 for a cheek-swab and $50 for blood drawn from the vein. The goal, according to the NHTSA, is to decrease impaired-driving accidents by analyzing raw bodily fluids fresh off the street.

“They want to find out of all the people surveyed, how many people were driving with alcohol in their system, or prescription drugs, things like that,” said Lt. Freddie Turrentine of the St. Clair County Sheriff’s Department, in Pell City, Alabama.

Voluntary or not?

The NHTSA says that the samples are “voluntary,” but drivers have had varying experiences.

Kim Cope, of North Fort Worth, Texas, said that the checkpoint she experienced was not voluntary at all. She was forced off the road into a parking lot on November 15th and pressured into submitting to a breathalyzer. Cope was on her lunch break when she was forced into the checkpoint. ”I gestured to the guy in front that I just wanted to go straight, but he wouldn’t let me and forced me into a parking spot,” she said to NBC Dallas-Fort Worth.

“They were asking for cheek swabs. They would give $10 for that. Also, if you let them take your blood, they would pay you $50 for that.” But Cope was not interested in getting paid. “I finally did the Breathalyzer test just because I thought that would be the easiest way to leave.”

“How voluntary is it when you have a police officer in uniform flagging you down?” asked Susan Watson, executive director of the Alabama chapter of the American Civil Liberties Union. “Are you going to stop? Yes, you’re going to stop.”

“Although this was voluntary it was not voluntary that you stop and hear the DNA for CASH pitch,” said Alabama resident ‘J. Bosey‘ after experiencing a checkpoint in June.

Carl Olund, another driver was subjected to a roadblock in Fort Worth, told NBCDFW.com that he was pressured into provide samples of his breath and saliva to the federal agents there. Not knowing the stop was “voluntary,” he said his rationale for cooperating was that he felt if he left the roadblock without cooperating he might have had “4 or 5 cops chasing [him].”

“It just doesn’t seem right that you can be forced off the road when you’re not doing anything wrong,” said Cope, discovering the tyranny of police checkpoints. “None of it felt voluntary.”

And as a Fort Worth attorney discovered in the fine print, some searches are blatantly performed without consent. Attorney Frank Colosi pointed out that the fine print on a form given to drivers informs them their breath was tested by “passive alcohol sensor readings before the consent process has been completed.”

One such search can be performed with a breath sensor disguised as a flashlight. When a police officer sticks his flashlight in a driver’s face, its not just for intimidation and humiliation. It may also be to perform a warrantless search of their breath.

“They’re essentially lying to you when they say it’s completely voluntary, because they’re testing you at that moment,” Colosi said.

Problems

The aura of authority. While insisting the program is “voluntary,” the NHTSA is going to the trouble of setting up roadblocks and hiring uniformed local cops to staff them. While they are technically “off-duty” with their local departments — and receiving paychecks directly from the federal government — they are still utilizing their official police uniforms, official police vehicles, and official police equipment to make drivers comply with the roadblocks.

To reinforce the claim that the checkpoints are voluntary, the survey takers should be dressed in plain clothes, not presenting themselves as police officers giving orders
Ineffective.

Common sense tells us that if the tests are voluntary, and the goal is to find people who are breaking the law, then the data is going to be useless. The people who are actually impaired on the road are going to make every effort to avoid being caught. The resultant test group will be comprised mostly of people who are not impaired and just want to collect some free Federal giveaway money.

Expensive. For a country that runs trillion dollar deficits annually, the federal government certainly finds some bizarre things to spend money on. Spending nearly $8 million on an ineffective and invasive survey seems like an easy place to start cutting.

Searches without consent. Kim Cope’s account draws into question whether the roadblocks are being presented as voluntary at all. And as pointed out above, the “passive alcohol sensor readings” are performed on people without their consent.

Federal overreach

The roadblocks are, at least in some cases, being set up by the federal government without the local government’s knowledge or approval. In Alabama, Gov. Robert Bentley received complaints about the NHTSA checkpoints and admitted he had not been notified of their presence.

More dubiously, the program has the passive effect of conditioning the public to accept government agents setting up roadblocks in their communities for any reason imaginable. If Americans wish to live in a society that does not accept police checkpoints as a routine part of their daily lives, it is important to push back against these programs at every opportunity.

Source... http://worldtruth.tv/federal-contractors-set-up-roadblocks-in-30-u-s-cities-to-harvest-dna-samples-2/

Thursday, November 21, 2013

Brittany Murphy was Poisoned to Death and Under Surveillance

Newsflash from your Hollywood Attorney:

Ever since her untimely death at the young age of 32, Brittany Murphy’s father Angelo Bertolotti has been claiming that his daughter was murdered. Brittany was found dead on December 20th 2009 and her husband, Simon Jack, was found dead just five months later on May 23rd 2010 – in the same bedroom and under the same circumstances. According to authorities, the cause of Brittany’s death was “pneumonia, anemia and a toxic cocktail of drugs”.

However, new tests conducted by independent Carlson Company laboratories have found that high amounts of ten heavy metals were found in Brittany’s system at the time of her death. The lab report even goes as far as stating there was “likely criminal intent”.

“Ten (10) of the heavy metals evaluated were detected at levels higher that the WHO [The World Health Organization] high levels. Testing the hair strand sample identified as “back of the head” we have detected ten (10) heavy metals at levels above the WHO high levels recommendation. If we were to eliminate the possibility of a simultaneous accidental heavy metals exposure to the sample donor then the only logical explanation would be an exposure to these metals (toxins) administered by a third party perpetrator with likely criminal intent.” - Examiner.com, Brittany Murphy did not die of natural causes, lab report shows

These new test results now lead observers to believe that Murphy was probably given rat poison or a similar product.

“Heavy metals are found in most rodenticides and insecticides meaning the actress could have been slipped rat poisoning or bug killer.

At the time of her death, Brittany displayed all the symptoms of heavy metal poisoning including: headaches, dizziness, abdominal cramps, coughing, sweating, disorientation, wheezing, congestion and pneumonia.

Mr Monjack also exhibited similar symptoms before his death, leading some to believe he too was poisoned.”

- Mail Online, Revealed: Brittany Murphy ‘was poisoned by government spooks in revenge for star’s support of whistleblower’, claims her grief-striken father

Brittany Murphy’s was mentioned a few times on Vigilant Citizen as her death is a classic case of “mysterious celebrity death” surrounded by odd facts and strange symbolism.

According to her father and friend Julia Davis, Brittany was under constant surveillance by a “shadowy government organization”.

“In a recent interview with Los Angeles-based Fleur De Lis Film Studios, Mr Bertolotti said: ‘They were, in fact, under surveillance, including helicopters. Their telephones were wiretapped, Brittany was afraid to go home, because of the sneak-and-peek incursions into their residence and other terror tactics she suffered after speaking out in support of Julia Davis and being named as a witness in her lawsuit against the Department of Homeland Security.”

They believe that Brittany’s support for Julia Davis, a government whistle-blower, caused her to be a target of heavy surveillance.

“This included warrantless aerial surveillance with fixed-wing airplanes and Blackhawk helicopters, vehicular surveillance, OnStar tracking, Internet monitoring, wiretaps, warrantless searches and seizures and series of other outrageous, unwarranted retaliatory measures.”

Like most celebrities who lost their lives in strange circumstances, Brittany was described by mass media as a drug addict. The house she was living in was bought fully furnished from Britney Spears in 2003, a celebrity that is fully controlled and monitored by Hollywood handlers. Was this house “infiltrated”? Was Brittany Murphy living under the same circumstances as Britney Spears? Did she lose her life because she was breaking out of programming? Some of the truth appears to be slowly coming out.

Source.... http://worldtruth.tv/new-reports-claim-that-brittany-murphy-was-under-surveillance-and-poisoned-to-death/

Thursday, November 14, 2013

"Alec Baldwin's" Stalker Canadian Actress "Genevieve Sabourin" Found Guilty

Newsflash from your Hollywood Attorney:

Manhattan Criminal Court Judge Robert Mandelbaum issued the verdict Thursday, finding Genevieve Sabourin guilty of stalking, attempted aggravated harassment, harassment and attempted contempt of court.

The judge sentenced Sabourin to six months in jail. That’s on top of 30 days she already received for disrupting court proceedings.

“It was nightmarish,” he said. “No matter what was said to her, she kept coming. More emails, More phone calls. She was desperate.”

“You’re lying!” Sabourin shouted as he testified on Tuesday. “You delete women after you have sex with them.”

Then Sabourin showed up at a film screening he was hosting and at his Hamptons and Manhattan homes. She was arrested outside his apartment building in April 2012. A doorman testified that Sabourin was angry that Baldwin did not want to see her.

Sabourin, however, said the actor invited her to New York in 2010, took her on a dream date that ended in an amorous night filled with promises for the future, and then dropped her.

More at.... http://newyork.cbslocal.com/2013/11/14/closing-arguments-set-in-trial-of-woman-accused-of-stalking-alec-baldwin/

Wednesday, November 13, 2013

Horse Neglect Led to Injury Claims Actor from "Hatfields & McCoys"

Newsflash from your Hollywood Attorney:

Thomas McKay, who played Jim McCoy, says he was wasn't properly trained and was made to ride a sick horse that threw him while on location in Romania -- then the insurers stopped paying medical bills.

McKay says he witnessed “repeated abuses of the horses” on the production, and was informed by other employees the horses were not being properly cared for.

The suit names Hatfields & McCoys Productions, producer Thinkfactory Media and two insurance carriers, One Beacon America and ACE USA. It also alleges breach of contract, fraud and deceit, and that McKay suffered infliction of emotional distress.

The suit specifically mentions those supervising the production such as director Kevin Reynolds, producer Leslie Grief, first assistant director Chris Landry, and others.

McKay, according to the suit, was hired in August 2011 and was sent to the location in Romania. He was informed upon his arrival he would have to ride a horse, but says he was provided with “minimal instruction or training.” The actor says he was told by Reynolds to ride a horse, but during the course of production in the Snagov Forest, the animal became uncontrollable and appeared unfit to ride. Still, says the suit, he was directed to continue to ride the horse.

The suit claims the horse had visible injuries to the head and face, but claims McKay was told to keep riding the animal. As a result, says the suit, the “horse became uncontrollable again during filming of a scene, bolted, and subsequently threw [McKay] into a tree, resulting in serious and permanent injuries and harm.”

The suit does not specify the nature of the injuries.

The suit claims the two insurance companies at first paid out to cover medical bills and related matters, but then began to stall and finally stopped making payments. The suit also says the production intentionally failed to secure workers compensation insurance.

There was no comment from Thinkfactory and no immediate response to email requests for comment from One Beacon America insurance or ACE USA insurance.

Source... http://www.hollywoodreporter.com/thr-esq/hatfields-mccoys-actor-sues-claiming-654811

Thursday, November 7, 2013

Natalie Portman "Jane Got a Gun" is Heading to Court

Newsflash from your Hollywood Attorney:

On Monday, producers of the movie sued Lynne Ramsay in federal court in New Mexico, alleging that the project's former director was paid $750,000 to tweak Brian Duffield's screenplay and to helm the film but that she didn't follow through on her responsibilities and delayed production as a result.
Read the full complaint here... http://www.hollywoodreporter.com/sites/default/files/custom/Documents/ESQ/Jane.pdf

The lawsuit, first reported by New Mexico's KRQE station, also alleges that Ramsay exhibited dangerous behavior on the set. Producers claims she "was repeatedly under the influence of alcohol, was abusive to members of the cast and crew and was generally disruptive. … [She also] failed to adhere to proper safety protocol for handling weapons on set, when she pointed a prop gun directly at a camera and, in turn, at the camera crew before first taking proper precautions."

Producers are asking that Ramsay pay back the money; they also are seeking punitive damages over claims of fraud and breach of contract. The Hollywood Reporter has reached out to Ramsay's reps at WME for comment and will update with a response.

Ramsay quit abruptly the day before shooting began. As THR previously reported, when star Portman showed up for the first day of shooting in March on the New Mexico set, she and the crew were unaware that the project had lost its director after a three-day standoff with producer-financier Scott Steindorff. Gavin O’Connor (Warrior) was quickly hired to take over as director.

Sources close to the project have painted a conflicting picture of who was to blame for Ramsay's exit. Two sources previously told THR that the Scottish filmmaker (We Need to Talk About Kevin) had not been presented with an approved schedule, script or budget mere days before shooting was set to begin. Another source said Ramsay, who was revising the screenplay herself, failed to deliver a shooting script despite several delays and increasingly bizarre behavior.
In May, Relativity and The Weinstein Co. partnered to acquire Jane Got a Gun for distribution.

Source.... http://www.hollywoodreporter.com/thr-esq/jane-got-a-gun-producers-653804

Stay Safe Out There - If You Need Help just Give Me a Call!

To schedule a free consultation and learn how we can help you, contact Beverly Hills DUI Attorney Jonathan Franklin today.
http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600

http://www.jonathanfranklinlaw.com

Tuesday, November 5, 2013

2 Years in Prison for Scamming Insurance Broker on Tom Hanks

Newsflash from your Hollywood Attorney:

Jerry Goldman, who significantly overcharged the "Captain Phillips" star and his wife, was also ordered to pay $840K in restitution.

A Southern California insurance broker who overcharged Tom Hanks and his wife, Rita Wilson, hundreds of thousands of dollars has been sentenced to more than two years in federal prison.

City News Service says Jerry Goldman received a 27-month sentence Monday. He also was ordered to pay about $840,000 in restitution.

Prosecutors claimed that between 1998 and 2011, Goldman inflated premiums by as much as 600 percent and created phony invoices to hide the scam.

The original indictment claimed that Goldman also bilked others including Andy Summers, the former guitarist for The Police.

The 60-year-old Thousand Oaks man pleaded guilty in April to mail fraud involving Hanks and Wilson.

Source.... http://www.hollywoodreporter.com/news/tom-hanks-insurance-broker-gets-653333