Final Opinion on 2nd Appellate Court of California vs. Dr. Khristine Eroshevich and Howard K. Stern. I have not read it yet so will give my opinion after I read it and after I ask for on record statements.
For reference sake this article we had in October 2012 states most of the same things. That article was titled; Howard K Stern and Dr. Khristine Erosovich has Major loss as California Appeals Court Reverses and Remands back to Judge Robert Perry”. This latest opinion has added two more pages but so far as I read it is just the same as last year.
After I read through this I will be back with more to say! So stay tuned to Rose Speaks.com tonight as we unravel what this opinion actually means and share what you think it means after you read it!!!!!
Am I the only one who thinks California should just let this go and not keep spending tax payers money of a selected case to prosecute?
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The expressions in this blog article are based on the opinions of Rose Turner or our featured authors, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners. If comments to this or any other articles are not related to the article or does not meet the terms of use for Rose Speaks, they will be removed by the moderators.
California Appeals Court today, October 18, 2012, Reveresed Judge Perry’s decision to dismiss charges against Howard K. Stern and ruled that the felony conviction MUST be reinstated on Dr. Khristine Erosovich.
Here is the main description and the download has now been FIXED!
Oct 18 2012 California Appeals Court Reverses Remands with Direction the Trial court Dismissing and/or lowering the Charges on Howard K. Stern and Dr. Khristine Eroshevich
The clear thing that sticks out if the first paragraph:
The People of the State of California appeal after a series of rulings which resulted in the dismissal of charges against two defendants, Dr. Khristine Elaine Eroshevich and Howard Kevin Stern. Mr. Stern?s new trial motion was granted. Two conspiracy counts were then dismissed pursuant to Penal Code1 section 1385, subdivision (a) (section 1385). We will reverse the new trial and dismissal orders.
Next the Court gives some directions to Judge Perry Court of alternative positions to take to still dismiss the charges on Howard K. Stern:
We agree with the prosecution that Mr. Stern?s new trial motion could not be granted nor the charges dismissed on the ground the evidence was insufficient as a matter of law. But, as we will explain, what can occur to Mr. Stern once the remittitur issues is limited by the double jeopardy provisions of our Constitutions.
Here, we conclude the trial court incorrectly granted Mr. Stern?s new trial motion; the evidence was not insufficient as a matter of law. As will become clear, the former jeopardy effect of the erroneous order granting Mr. Stern?s new trial motion is the same as an acquittal. Similarly, we conclude the trial court dismissed the charges against both defendants based on an erroneous finding the evidence was insufficient as a matter of law. Thus, we reverse the orders granting Mr. Stern?s new trial motion and dismissing the case pursuant to section 1385 as to both defendants. Once the remittitur issues, the trial court may take up the remaining new trial motion issues, dismiss on other grounds pursuant to section 1385, or even impose sentence. But, there is one thing the trial court may not do and that is to order Mr. Stern to be retried.
Some background on the proceedings are given by the Court of Appeals:
Dr. Kapoor was acquitted of all charges. As to count 3, the jury found defendants conspired between June 5, 2004, and September 10, 2006. As to count 1, the jurors found defendants conspired between September 11, 2006, and February 8, 2007. The jury found defendants conspired to commit two crimes. The first target offense was to obtain controlled substances by fraud, deceit or misrepresentation or concealment of a material fact. (Health & Saf. Code, § 11173, subd. (a)2.) The second target offense was to unlawfully give false names or addresses in prescriptions for controlled substances in violation of Health and Safety Code section 11174.3
Dr. Eroshevich was also convicted of two other charges. She was convicted in count 7 of obtaining controlled substances by fraud or misrepresentation in violation of Health and Safety Code section 11173, subdivision (a). Further, she was convicted as charged in count 9 of giving a false name or address in a controlled substance prescription in violation of Health and Safety Code section 11174.
Next we have a summary of the Trial Court’s Ruling of Judge Robert L. Perry:
Howard K. Stern
Preliminarily, the trial court found Ms. Marshall suffered from chronic pain syndrome; further, her “drug-seeking behavior” was primarily due to inadequate control of pain rather than addiction. The trial court was further persuaded the overriding purpose in procuring controlled substances in names other than Ms. Marshall?s true name was to protect her privacy. With respect to prescribing medications in a false name, the trial court concluded the law was vague as to what constitutes a false name. The trial court found no basis for charging a conspiracy ending on September 10 and a new one beginning the very next day on September 11, 2006. More significantly, the trial court found, “[T]here is [no] evidence in the record at all that Howard Stern lacked a good faith belief that the practice of obtaining prescription medicines for [Ms. Marshall] in names other than [her true name] could be against the law.” The trial court found Mr. Stern acted to protect Ms. Marshall?s privacy, as had most of the doctors and hospitals that had dealt with her. The trial court concluded: “When I consider all the evidence, and even viewing it in a light most favorable to upholding the verdict, I find it is clearly insufficient. Under these circumstances, I find no reasonable trier of fact could find that Howard Stern had a specific intent to violate either of these target crimes . . . and I do grant a motion for new trial to Mr. Stern on these [conspiracy] counts . . . .” Immediately after granting Mr. Stern?s new trial motion, the trial court stated: “[B]ut I?m going further. [¶] I find the evidence at trial was so lacking and insufficient to show a specific intent to join a conspiracy on the part of Howard Stern to commit these target crimes, that I do believe the interest of justice supports the dismissal of these counts as to Mr. Stern, and I so order. And this, of course, is under Penal Code section 1385 . . . .”
The minute order prepared for Mr. Stern sets forth the trial court?s reasons for dismissing counts 1 and 3 as required by section 1385: “On the court?s motion, counts 1 and 3 are dismissed due to insufficiency of the evidence. [¶] The court further clarifies that it is dismissing counts 1 and 3 in their entirety, which includes all hung target offenses, due to insufficiency of the evidence as a matter of law pursuant to Penal Code section 1385.”
Dr. Khristine Eroshevich
Having dismissed the conspiracy counts as to Mr. Stern, the trial court turned to Dr. Eroshevich?s motion. The trial court concluded: “I don?t think there was an agreement between the two of them to violate the law, and . . . I don?t think the conspiracy counts can stand [as to Dr. Eroshevich], and so I dismiss those as well . . . .” The clerk?s minutes for Dr. Eroshevich contain no statement of reasons for the dismissal. The minutes state concerning Dr. Eroshevich: “The cause is argued and the court grants defense motion to dismiss counts 1 and 3 pursuant to . . . section 1385 due to insufficiency of the evidence.” No other language pertinent to the dismissal of counts 1 and 3 as to Dr. Eroshevich is contained in the clerk?s minutes. We will later discuss the effect of the absence of any language in the trial court?s oral order or the clerk?s minutes concerning: the substantial evidence standard of review; having viewed the evidence in a light most favorable to the verdicts; and that no reasonable trier of fact could find guilt beyond a reasonable doubt. (People v. Hatch, supra, 22 Cal.4th at p. 273; People v. Salgado, supra, 88 Cal.App.4th at p. 10.)
However, the trial court denied Dr. Eroshevich?s motion for a new trial or to dismiss as to counts 7 and 9: “I choose not to disturb the jury?s verdict regarding [Dr.] Eroshevich on counts 7 and 9. There is no doubt in the court?s mind that based on the evidence [Dr.] Eroshevich acted out of a heart-felt desire to help her friend. Obtaining a prescription in the name of another person, Charlene Underwood, without [Ms.] Underwood?s knowledge or consent was clearly wrong and constituted a violation of the law. As a doctor[,] [Dr.] Eroshevich well knew she should not have done this and it is clear to the court that she acted with the required intent to defraud.” However, the trial court “vacated” the count 9 conviction on grounds it was not appropriate to punish Dr. Eroshevich twice for the same act. The trial court then reduced count 7 to a misdemeanor. The prosecution has not appealed the trial court?s orders with respect to counts 7 or 9.
However, DON’T get to excited here, the Appeals Court gave Judge Perry several options to dismiss the charges or other options but not that of a NEW TRIAL. This is becoming the cases that never ends!
After I read through this I will be back with more to say! So stay tuned to Rose Speaks.com tonight as we unravel what this opinion actually means and share what you think it means after you read it!!!!!
The expressions in this blog article are based on the opinions of Rose Turner or our featured authors, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners. If comments to this or any other articles are not related to the article or does not meet the terms of use for Rose Speaks, they will be removed by the moderators.
I had tuned into the press conference of Gloria Allred and her client, Sharon Bialek, the first woman to step forward publicly with sexual harassment charges against Herman Cain. I had wanted to see the interview, partially because the count is up to four women and partially because if a woman has been “wronged” in the last few years, here comes Allred.
However, I only watched about 4 – 6 minutes just the introduction by Allred and a few comments by Allred about her client Sharon Bialek when across the bottom of the screen came the announcement that the Dr. Conrad Murray verdict was in regarding the death of Michael Jackson. Once again bad timing for Allred, seems there was another crises like this that was bad timing once before for her, but I don’t remember that now, or who it was.
I remember that GOP presidential candidate Herman Cain had scheduled a news conference for his denial and I had better things to do…. but then the Google alerts began to come in…. and with those the name L. Lin Wood Jr. I perked up and for those of you who are behind in the world of politics he said, she said, he said, and piling on candidates, often eating their own; I wanted to know what was going on to pull in two attorneys not normally found in any cases together.
Here is L. Lin Wood’s prelude to Hermain Cain’s press conference:
Well the confidence exuded from Wood for those five minutes. And for legal junkies like myself that was worth taking note about.
Of all of the articles out there the one I like the best was from the Catholic Online by By Keith A Fournier.
Fournier summed it up perfectly:
As a Constitutional Lawyer, it was the first part of the Conference which sent the signal I was watching for. Herman Cain is going to aggressively fight these allegations. In fact, he is very, very serious about it. Let me explain the story behind the story which few in the media are covering adequately.
When I saw high Profile Lawyer, L. Lin Wood Jr. step out on the platform – and then step up confidently to the podium – I knew what was going to follow. Not only in the ensuing Press Conference but in this entire matter as it continues to unfold over the coming weeks. This is a war, and Herman Cain has just recruited a General..
L. Lin Woods is a powerhouse Libel and defamation lawyer with an earned expertise in the intersection between the First Amendment to the Constitution and the right of all citizens to protect their reputation. He is no stranger to representing high profile clients – it has made him a wealthy man and earned him the reputation of being a “lawyer’s lawyer”. He is highly respected in the legal community because of his track record. He is very good at what he does.
…
“Wood’s appearance speaks loudly for those who can read the legal tea leaves. He gave a strong and clear defense of Herman Cain before the microphone revealing his advocacy skills. He told the reporters, “I have represented people who were victims of false accusation, on trial in the Court of Public opinion.”
Indeed he has; he is the expert in this field. He told an interviewer in 2005 “I believe that courts, since the 1964 decision in New York Times v. Sullivan, have steadily eroded the ability of individuals and entities to redress false attacks on reputation by overemphasizing the need to safeguard First Amendment rights.”
Wood’s appearance speaks loudly for those who can read the legal tea leaves. He gave a strong and clear defense of Herman Cain before the microphone revealing his advocacy skills. He told the reporters, “I have represented people who were victims of false accusation, on trial in the Court of Public opinion.”
L. Lin Wood, Esq. is a heavyweight fighter who boxes with words. He understands the necessary balance between the First Amendment’s protection of a Free Press and the right of even public figures to protect their reputations from false accusations. He is the kind of lawyer we in the profession call a “dog with a bone.” He is competent, persistent, aggressive and willing to do battle. He is the real story behind the story in this Herman Cain Press Conference.
….”
However, the story behind the story is that Herman Cain intends to fight these allegations aggressively and continue his candidacy for the Republican nomination. He has hired one of the best libel and defamation lawyers in the Nation. Watch as L Lin Woods steps into the ring. This entire event is far from over, the bell has just sounded for round one.
So it is over, up steps Lin Wood and the four women fold???? Not on your life, Gloria Allred is not to be deter by Wood. She was back on this morning with her client Bialek “suggesting today, Wednesday, that the presidential contender was lying yesterday when he said he doesn’t remember Bialek.”
So now we have the first real shot across the bow and a declaration of perhaps a war in words or actions soon to follow.
We encourage all of you to join other posters to discuss all of the cases we cover. Diamond Girl runs the community part of the site and remember discuss the evidence don’t attack other posters. If you read a post that upsets you just scroll past that comment http://community.rosespeaks.com/ I seldom step on the forums that belongs to the members and is in great hands with Diamond Girl and she will be having a robust discussion there that all of you are invited to join. However, as I do have time I enjoy reading and participating in the discussion.
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The expressions in this blog article are based on the opinions of Rose Turner or our featured authors, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners. If comments to this or any other articles are not related to the article or does not meet the terms of use for Rose Speaks, they will be removed by the moderators.
The world waits for the Jury Verdict to come in next week in the Dr. Conrad Murray Trial in the Involuntary Manslaughter charge in the death of Michael Jackson.
What is Dr. Murray and his lead defense attorney Edward Chernoff thinking and doing today, waiting for the jury to come back perhaps as early as tomorrow with a verdict.
Here is the jury instructions for you to read through and decide how tough is this going to be for this jury.
Straight Talk with John J Nazarian guests tonight are Criminal Defense attorney Adam Braun, who has been both a prosecutor and now one of the top criminal attorneys in California. Adam Braun can tell us what the Deputy D. A. David Walgren and his team or doing and thinking today about the upcoming week. Braun can also tell us what it is like as a defense lawyer waiting for the verdict to come in and Braun can give us a pretty good guess as to what Dr. Conrad Murray is doing this weekend except for just praying.
Adam Braun will be joined by two retired homicide detectives who were also partners for a time with the L. A. P. D, Robert Jakucs and William Cox. They can share what the detectives are doing this weekend now that months and months of work is complete and it is just a waiting game at this point.
The radio broadcast will be embedded here soon after it airs live at 7 PM PST – 10 PM EST
Adam H. Braun, Esq.
One of the best criminal defense lawyers in California. Braun is the Principal at Law Offices of Adam H. Braun and was a Federal Prosecutor at the United States Attorney’s Office for over 6 years. The Princeton University graduate represented Dr. Khristine Eroshevich during the lead up to the Anna Nicole Smith trial. Braun was the attorney for one of Anthony Pelicanno’s co-defendants. Braun comes from one of the highest profile families of brilliant criminal attorneys.
Robert A. Jakucs – Retired Homicide Detective of L.A.P.D
Robert A. Jakucs is a retired Los Angeles Police Department Detective with over 30-years of investigative experience. During his distinguished career with the L.A.P.D he worked such high-profile assignments as Homicide, Hollywood Vice, SWAT, Robberies, Burglaries, Complex Thefts, and gang-related shootings. He was a member of the Night Stalker Task Force that investigated the serial murderer Richard Ramirez. Robert Jakucs is also a consultant for national television specializing in private and police investigation issues and has appeared on the news shows Nightline, 20/20 and Inside Edition.
William Cox was a Los Angeles Police Detective who retired in 2007 after 32 years
William Cox worked in a variety of assignments including uniformed patrol, CRASH (gang detail) in South-Central and West Los Angeles areas. He also worked homicides for over 20 years and finished his career in Robbery-Homicide Division (RHD) which handles major cases including serial killers, multiple murders, media and high-profile cases, officer-involved shootings, and assaults and murders on police officers. He also worked the Rampart Corruption Task Force for two years. William Cox was also involved or handled several high-profile cases over the years including the Kimes (mother-son grifters who were responsible for 3 murders in LA, NY, and the Bahamas); the Goetz of the West case; the murder of the pregnant mother at LAX; plus several others.
William Cox has appeared on Investigative Discovery channel, 48 Hours, and E-entertainment. He is currently employed by the US State Dept. as a background investigator.
William Cox’s last case he worked on at RHD was a Chinese immigrant student attending USC who had gone to a frat party and had attempted to pull a gun and start shooting students. He was wrestled to the ground by other students who then called police. After a search warrant was served on the suspect’s apartment Cox and three other detectives were sent to NY City to investigate and attempt to identify approximately 20 persons he had targeted to possibly kill. (This incident occurred shortly after the mass murders at West Virginia Tech.) Cox was also working on a murder where a husband set his car and wife on fire on the Golden State Frwy. Cox had also been working (for the past four years) on a double homicide that had occurred in 2002 wherein two victims were killed in their car and their car set on fire. That murder was the story that 48 Hours has done and shown on television in February 2011.
With this combined years of experience this is a must tune in a listen and even ask a question of two as to what we should expect this coming week of the verdict watch for Dr. Conrad Murray.
Telephone lines are always open to call in, join in the discussion or ask questions of John and his guests, Adam Braun, Robert “Bob” Jakucs and William “Bill” Cox at 818-572-8030 long distances charges do apply.
Note from Ken and Rose Turner Because so many of you have asked here goes:
John J. Nazarian does not own any part of Rose Speaks.com nor will he ever. Rose Speaks.com is a labor of love that came to be because those here saw a grave terrible miscarriage of justice being done to a man none of us knew. Rose Speaks.com does not own any part of Desperate Exes.com or any other site belonging to John J. Nazarian.
Many of you have noted that Ken has not been on the blog hardly at all for a few months. Ken has opened his own company, studied hard, and then got the chance of a lifetime to represent John J Nazarian on many levels and endeavors. Ken got these chances from hard work nothing less and nothing more. I know that most of you really like Ken and wish him and the others that are part of K N Turner and Associates only the best in their upcoming endeavors.
The Sun News.com of Myrtle Beach, South Carolina led with the headline of “Developer linked to Playboy Model to Plead Guilty to Mail Fraud” by David Wren
The article goes on to say:
“Ford Shelley Jr. – the local developer whose acquaintance with the late Playboy model Anna Nicole Smith helped fuel a media circus following her death – has agreed to plead guilty to a felony charge of mail fraud related to allegedly falsified mortgages he helped to arrange for his Pineapple Bay condominium project in Myrtle Beach.
“Even though he has agreed to plead guilty, Shelley said he is the innocent victim of a mortgage broker who misled him about the legality of a loan program that Shelley used to sell the condos. Neither Shelley nor his lawyer identified the mortgage broker.”
Nice to know poor Ford is still hollering he is the victim. Wonder what the patriarch, G. Ben Thompson, thinks of Ford Shelley taking down some of the Thompson family with him, like Gaither B Thompson, II who is to be arraigned on November 9, 2011 at 10:30 AM in Florence, South Carolina for mail fraud with two of Shelley’s other business partners; after what we can gather was Shelley testifying against them to the grand jury, per Shelley’s plea deal.
All things considered Shelley’s attorneys, Gene Connell of Surfside Beach and Brown Johnson of Florence, cut Shelley a pretty sweet deal. Shelley:
“Did devise and intend to devise a scheme and artifice to defraud a lender by means of false and fraudulent pretenses, representations, and promises.”
Shelley sold condo units at his Pineapple Bay Project, operated by his company, “Fruits of My Labor LLC” by inducing buyers to purchase the units and then Shelley would give them a large kick back in money after the sale of said property and leave that little tidbit out to HUD.
However the plea agreement is only for one count of mail fraud because of course Shelley’s hands were all over the completed loan packages minus that kick back money when mailed to GMAC Mortgage Corporation. Damn it is always the IRS or the U. S. Postal Office that gets you, Ford didn’t watching the Capone movies teach you anything?
Shelley sold the condos for $695k to $700k, all but one went into foreclosure. The condos are now selling for $135k to $155k.
Shelley entered into the plea deal on October 11, 2011. The day after Shelley plea deal was filed with the court on October 24, 2011, the federal grand jury indictment of Shelley’s brother-in-law Gaither Thompson II and two business partners for mail fraud of the same property was unsealed on October 25, 2011.
Shelley under his plea agreement was to testify to the grand jury truthfully about other parties involved. No date for his sentencing has been set, if he helps get the other guys, like in-laws, he might get some points by the court. Shelley is facing a maximum of up to 20 years in prison, a fine up to $250K, supervised release up to 3 years and a special assessment of $100.00.
So wonder if Ford and wife Gina Thompson Shelley will be invited to the holiday festivities this year?
In what appears to be generosity the Estate of Anna Nicole Smith through the Executor Howard K. Stern filed with the federal court in South Carolina a Request for more time to enter the final agreement between the Estate and the Thompson/Shelley families until a hearing in the Probate Court in California to be held on January 24, 2012.
My final question after watching all of these clowns since February 2007, is CAN Ford Shelley be honest? What are your thoughts is facing federal prison time suddenly turned Ford into an honest man?
We encourage all of you to join other posters to discuss all of the cases we cover. Diamond Girl runs the community part of the site and remember discuss the evidence don’t attack other posters. If you read a post that upsets you just scroll past that comment http://community.rosespeaks.com/ I seldom step on the forums that belongs to the members and is in great hands with Diamond Girl and she will be having a robust discussion there that all of you are invited to join
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The expressions in this blog article are based on the opinions of Rose Turner or our featured authors, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners. If comments to this or any other articles are not related to the article or does not meet the terms of use for Rose Speaks, they will be removed by the moderators.
Last night John J. Nazarian sent out the following email as well as on Twitter and Face Book:
“Hear me live tomorrow at 6pm Pacific Time on my new show Straight Talk with John J Nazarian at http://www.blogtalkradio.com/john-j-nazarian. This will be every Sunday night for one hour and will go to five nights a week shortly after. Some of you will be surprised and most of you will ask what took so long, it will be me unedited and telling it like it is. There will be guests and a few celeb’s of course; it will be my thoughts and opinions of many subjects.”
I am very excited that John is jumping into radio and will bet he will be syndicated in a few months at most. I look forward to his guests and the celebs that will appear, just think who all John knows and who all wants to debate with John.
I have been invited to debate with John Nazarian about the Casey Anthony trial, I believe our judicial system works, Nazarian feels it failed bad in that case. That announcement on his new site of Straight Talk with John J. Nazarian states:
“Sept. 4, 2011 6 PM PDT CASEY ANTHONY LATEST GUEST: ROSE TURNER- John offers insight about the case and debates with Rose of RoseSpeaks.com about the case.. the trial .. and the outcome. Where is Anthony now. Is her life really in danger? How do you feel about the potential she will profit from the case. Could she ever face lesser charges? or is she free and clear. Viewer feedback lines will be open.”
Nazarian’s guest today, his premiere show, is Vee Foster and among other things they will be talking about both Anna Nicole Smith, the 4+ years of cases and Michael Jackson and the upcoming trial of Dr. Conrad Murray. The site says:
“August 21, 2011 Straight Talk with John J. Nazarian Celebrity PI Premiers at 6 PM PDT. GUEST: Ve Foster investigative journalist. Get to know the real John, his thoughts, cases, call in and ask him a question or just say Hi.”
I will be on today’s show briefly, of course promoting the way we cover trials which we believe is different than most sites.
Be sure to tune in today at 6 PM PDT, 7 PM MDT, 8 PM CDT and 9 PM EDT and for the weeks to come. My bet is that Nazarian with the controversy that comes with him, will be an instant hit. Ken and I both are in the category of: “most of you will ask what took so long”.
Be sure and tune in today, it should be fun, entertaining and enlightening.
Join other posters to discuss all of the cases we cover. Diamond Girl runs the community part of the site and remember discuss the evidence don’t attack other posters. If you read a post that upsets you just scroll past that comment http://community.rosespeaks.com/ I seldom step on the forums that belongs to the members and is in great hands with Diamond Girl and she will be having a robust discussion there that all of you are invited to join
Visit our Download Section for all documents on the cases we are following.
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The expressions in this blog article are based on the opinions of Rose Turner or our featured authors, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners. If comments to this or any other articles are not related to the article or does not meet the terms of use for Rose Speaks, they will be removed by the moderators.
Occasionally, not often, a high profile wealthy lawyer comes to the aid of a down and out defendant to equal the justice system for all; even if it is one case. When that happens it encourages me just a tad that by giving these attorneys restores my faith in our legal system. Not totally but enough to feel good and hopeful.
That is what criminal high profile lawyer Steve Sadow from Atlanta Georgia has done in the last two weeks. He heard of the plight of Raquel Nelson, and although there are rich clients waiting and needing his specialty to keep them out of jail, he announced he was taking the case of convicted mother Raquel Nelson, not just at a reduced rate, but PRO BONO, for free.
When the Cobb County Transit bus finally stopped directly across from Somerpoint Apartments, night had fallen. She and the children crossed two lanes and waited with other passengers on the raised median for a break in traffic. The nearest crosswalks were three-tenths of a mile in either direction, and Nelson wanted to get her children inside as soon as possible.
Three-tenths of a mile walk with three young children to the nearest crosswalk, and three-tenths of a mile walk back to the apartment. Over half a mile walk, wait for a light to get her young children home. Every day the bus stops right across the street from the Somerpoint Apartments, and every day people cross this highway at their peril to get home, tired, and wanting to get home quickly. Who among us can say, we too would do the same thing, who among us can say for sure that we would spend the extra 15 – 30 minute, over a half mile walk to cross at the light?
I used to do the park and ride thing in Seattle, and you are tired when you get back at night, I can say I would probably follow the others as they stopped, looked and then dart to save that time and to save that extra walk.
Things are great unless you are the one that is hit by a drunk hit and run driver. Then there is the thing here in the U. S. of “the letter of the law” and “the spirit of the law”. That gives a District Attorney a wide latitude in what they choose to prosecute and what they choose not to prosecute. We will never know why they decided to charge Raquel Nelson, the mother of the dead child with secondary vehicular homicide, crossing roadway elsewhere than at crosswalk and reckless conduct in the April 10, 2010 incident. Where is the compassion for a mother who will grieve the rest of her life over the tragic death of her four year old son AJ.
Sadow has made short work since taking the Nelson case last week. The Atlanta Journal-Constitution reported that:
Attorney Steve Sadow has filed pleas in Cobb County State Court asking Judge Katherine Tanksley to declare his client not guilty before a scheduled new jury trial Oct. 25.
The judge gave Raquel Lee Nelson of Marietta the option of a new trial after sentencing her July 26 to 40 hours of community service and 12 months’ probation in the death of her child A.J.
A not-guilty verdict would clear her record.
Here are the filings Sadow filed with the Court on August 8, 2011
Let’s hope with the help of the Gentleman from Georgia, Nelson will get the compassion that any parent who loses a child to a drunk hit and run driver deserves.
Join other posters to discuss all of the cases we cover. Diamond Girl runs the community part of the site and remember discuss the evidence don’t attack other posters. If you read a post that upsets you just scroll past that comment http://community.rosespeaks.com/ I seldom step on the forums that belongs to the members and is in great hands with Diamond Girl and she will be having a robust discussion there that all of you are invited to join
Visit our Download Section for all documents on the Casey Anthony case we have loaded as well as any of the other cases we are following.
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The expressions in this blog article are based on the opinions of Rose Turner or our featured authors, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners. If comments to this or any other articles are not related to the article or does not meet the terms of use for Rose Speaks, they will be removed by the moderators.