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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!!!!!

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©Rose Turner
October 18, 2012
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

GUILTY ON ALL COUNTS IN MIKE ‘GOMBERT’ YEPREMYAN TEEN TEXT MURDER TRIAL

Hovic Dzhuryan and his sister Khatun ‘Kat’ Vardanyan guilty of conspiracy to commit murder

Mike Yepremyan was murdered November 2009 and the trial began just a few weeks ago June 2012. Mike is the first highlighted teen text murder case in the U. S. involving the California Homicide Detectives, the U. S. Marshalls as the murderers fled the U. S. and the FBI for those hiding here.

On the Yepremyan murder case it was the lawyers, Michael Levin, Esq. Alex Kessel, Esq., Levin is representing Zareh Manjikian and Kessel is representing Vahag Jurian. Also present everyday is Hovic Dzhuryan and his sister Kat Vardanian, Anthony Brooklier is representing Kat and George Mgdesyan is representing Hovic.

Judge Gregory A. Dohi of the Los Angeles Superior Court is presiding, Dept. E. Judge Dohi has only been a judge since being appointed August 29, 2007. Prior to that he attended a mid level university back East, Harvard!! And then went to Boalt Hall School of Law, one thing we can say is that this guy has educational credentials in the highest categories of law.

Judge Dohi was admitted to the bar in 1991 and joined the District Attorney’s office as a prosecutor.

Artak and Arni Yepreyman was in the court for the reading of the verdicts. Let’s hope as each GUILTY!!! was read they found some peace in God’s hands, that our justice system although slow, can work! We do not know if Danielle, Mike’s former girlfriend was present but as we get updates you will get updates.

Special thanks to Lt. Hamilton and Detective Thomas Townsend, of North Hollywood Division of the L.A.P.D. Homicide and their team of team of homicide cops, The Los Angeles Grand Jury for indicting these four and Office Kirkpatrick and John J Nazarian Celebrity PI who just could not walk away from this case.

As Nazarian once said; “These people who were involved in the killing of Mike Yepremyan are looking at a whole lotta of time, and the district attorney’s office is going to be sure they get all that they got coming to them and more, time is wonderful unless you are in a state prison.”

In a L. A. Times article today by Robert Faturechi;

“the indictment also named another member of the group, Lazar Petrosyan, who authorities said is being treated as a witness, not a suspect.

We will be verifying this as soon as possible, but my bet is because of the flight risk, Kat and her brother will be spending their first night in jail the first of many.

R.I.P. Mike and may your family be comforted by knowing they stayed the course and may sure you were remember both of your organ donations, but also they never tired, they saw your killers brought to justice.

As many of you know we have closed the forums here at Rose Speaks.com as we just did not have the time to do a good job moderating it for all of you. We are glad to announce that we have paired up with The Parenting Channel.com to carry a lead in to any of the cases we cover that has anything to do with a child or teen. We are ecstatic to have been able to do this. So lead in-ins for our blog articles will appear on The Parenting Channel’s blog and a section of The Parenting Channel forums has been set up on any trials we cover of children and/or teens. I encourage all of you to join both the blog and the forums, it is going to take off where Rose Speaks.com left off after the Anna Nicole Smith and Casey Anthony trials

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©Rose Turner
August 3, 2012
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

Mike Yepremyan was murdered November 2009 and the trial began just a few weeks ago June 2012. The jury selection is always one of the more uninteresting aspects of the process, ‘Select a Jury’. Let me just say this for the defendants how the lawyers select a jury can be a crap shoot. On many real big high profile cases there are ‘specialists’ who help with the process. These experts will look at the shoes,’shined not shined’, the hair, all kind of mannerisms to try and pick the most favorable. Little like how I pick peaches at the market, all by hand!

On the Yepremyan murder case it was the lawyers, Michael Levin, Esq. Alex Kessel, Esq., Levin is representing Zareh Manjikian and Kessel is representing Vahag Jurian. Also present everyday is Hovic Dzhuryan and his sister Kat Vardanian, Anthony Brooklier is representing Kat and George Mgdesyan is representing Hovic. Did either Brooklier or Mgdesyan assist in the jury selection? I am not sure, all of these guys are well trained and respected for their work as ‘Get me off the hook’ go to guys. The biggest name in the bunch is of course is Anthony Brooklier, one of the biggest names in defense in So. Cal. right up there with Harland Braun, Esq. Kessel and Levin are very good at their craft also, Mgdesyan, I have never heard of until this trial.

I met with Brooklier with one of the defendants in the Anna Nicole Smith trial and after a great lunch of Spaghetti and Meatballs my client ‘flew the coop’. I was done with her and Brooklier was not retained, I still see that as a big mistake…..welcome to my world of making suggestions.

Judge Gregory A. Dohi of the Los Angeles Superior Court is presiding, Dept. E. Judge Dohi has only been a judge since being appointed August 29, 2007. Prior to that he attended a mid level university back East, Harvard!! And then went to Boalt Hall School of Law, one thing we can say is that this guy has educational credentials in the highest categories of law.

Judge Dohi was admitted to the bar in 1991 and joined the District Attorney’s office as a prosecutor. (Judge Dohi handled the pre-lim of Robert Blake Feb. 26, 2003 after he supposedly ‘whacked’ his wife after a nice Italian dinner at Vittello’s in Studio City). I wonder if they had ‘Meatballs’?

When Judge Dohi is not siting on the bench he is a professor at Southwestern School of Law. His honor ran for his ‘bench seat’ in 2010 and won the election, no one else it appears ran against him, this is often the case for sitting judges. Judge Dohi also sent Jodie Foster’s father, Blake Foster, to prison for 5 years for scamming home owners. Not bad, Judge Gregory A. Dohi, welcome to being a jurist in Southern California.

The only issue that I have is that with this education, with this employment background he has to know the law backwards and forwards. On paper this guy does not look like he would be easy to sell a bridge to…..we will see.

Some feathers are being ruffled as to having Mike Yepremyan’s parents, Artak and Arni sit outside the courtroom while certain witnesses testify. Former friends of Mike’s that both of the parents had spoken to after the murder of their son. Is this any kind of violation of ‘victims rights’? I am not sure. What I am hearing and understanding, is a Judge not wanting to make any mistakes that in the event of a conviction, so will start the appeal process. If there are convictions and there is any money left certainly there will be an appeal, that is fairly common in cases like this.

Remember, I promised to do all I could to make this story known around the world. I got it in the Los Angeles Times, Column One front page above the crease, we discussed it throughout the internet, all of the local news channels and the icing on the cake for me is Luce Villareal, taping for what will be a segment on DATELINE. If you will, prior to my participation in this case this was a ‘two line story’ on the L.A. Times webpage……not anymore!

I am not positive as I have not been served yet with a subpoena, maybe when I return from vacation in a few weeks as to my having to testify? We will see! My reason and thoughts on this was last week’s question by Mr. Kessel to Danielle, Mike’s former girlfriend, ‘Do you know a Mr. Nazarian? ‘ or something along those lines. I am very sure, everyone knows Mr. Nazarian, just Google me! Hell, I Google myself sometimes when I am bored to see what Mr. Nazarian is doing.

As many of you know we have closed the forums here at Rose Speaks.com as we just did not have the time to do a good job moderating it for all of you. We are glad to announce that we have paired up with The Parenting Channel.com to carry a lead in to any of the cases we cover that has anything to do with a child or teen. We are ecstatic to have been able to do this. So lead in-ins for our blog articles will appear on The Parenting Channel’s blog and a section of The Parenting Channel forums has been set up on any trials we cover of children and/or teens. I encourage all of you to join both the blog and the forums, it is going to take off where Rose Speaks.com left off after the Anna Nicole Smith and Casey Anthony trials

Follow Us On Face Book and on Twitter and see who Rose Speaks is following. Be sure and “Like” The Parenting Channel Face Book page for the latest in parenting and grand parenting.

©Rose Turner
July 7, 2012
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

The three will be talking about Whitney Houston and what their sources are telling them in regards to possible causes of her death.

Dr. Wecht, Dawna Kaufmann, and John J Nazarian will share their opinions on what caused the death of Houston.

John will have something to say about the ex-body guard, Alan Jacobs, who was Houston’s director of security from 1995 until 2002, quit because he said Houston and her now ex-husband Bobby Brown, and those around Houston would not allowed allow him to do his job. Jacobs said that working for the star was like ‘living in the eye of a hurricane’ and added he was ‘constantly trying to fight the swirl of activity that’s around you’. Jacobs had, “eliminated access to her by certain people I thought were negative influences. The reality of it is that you can protect someone from everything but you can’t protect them from themselves.’

Jacobs has said he told Houston, “[I told her,] ‘You hired me to do a job, to protect you … but I cannot protect you from yourself.” Jacob has added that Houston replaced him with family members who would not confront her and dropped the ball on protecting her. He also revealed that one of Brown’s family took over his job – but did not do it properly.

Dr. Wecht and Dawna Kaufmann have both been in touch with their sources within the M. E. office and has reaction and what information they have obtained.

Dr. Cyril H. Wecht, M.D., J.D. – Forensic Pathologist & Attorney
Dr. Cyril H. Wecht is an expert in Forensic Medicine who has frequently appeared on several nationally syndicated programs, national News Magazine shows, and HLN, CNN, NBC, CBS, ABC, etc. His expertise has been utilized in high profile cases involving the assassinations of both President John F. Kennedy and Senator Robert F. Kennedy, the death of Elvis Presley, the O.J. Simpson case, the Michael Jackson case, the Daniel Wayne Smith case, the Anna Nicole Smith case and the JonBenet Ramsey cases. He is certified by the American Board of Pathology, in anatomic, clinical, and forensic Pathology, and is also a Fellow of the College of American Pathologists and the American Society of Clinical Pathologists.

Dawna Kaufmann – Author/Investigative Journalist
Dawna Kaufmann is an accomplished true crime journalist. Her new book, “From Crime Scene to Courtroom: Examining the Mysteries Behind Famous Cases,” written with Dr. Cyril Wecht, blasts open the death probes involving Michael Jackson, Casey Anthony and five other criminal cases. Kaufmann has covered hundreds of high-profile homicide and missing person cases for national publications. She is also an award-winning producer and writer, with a multitude of credits in television, including late-night comedy programming and prime-time network variety series.

Comment telephone lines are open to call during the show at 818-572-8030 long distance charges will apply. If you have a question about Houston’s death, there’s a good chance that John or one of his guests, Dr. Cyril Wecht and Dawna Kaufmann, will know the answer or have a good analogy of what they think happened.

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November 9, 2011 Gaither B Thompson II Not Guilty Plea (148)
November 9, 2011 Court Order Setting Conditions of Release of Gaither B Thompson II (127)
November 9, 2011 Gaither B Thompson II Unsecured Bond Entered (111)
November 16, 2011 Gaither B Thompson II MOTION for Bill of Particulars (106)
November 16, 2011 Gaither B Thompson MOTION for Disclosure on Other Defendants (112)
November 16, 2011 Gaither B Thompson II MOTION for Discovery regarding other Defendants (117)
November 16, 2011 Gaither B Thompson II MOTION to Release Brady Materials (108)
November 16, 2011 Gaither B Thompson II MOTION to Sever Defendants for Trial (112)
November 17, 2011 Motion USA for Discovery Gaither B Thompson II (133)
November 23, 2011 RESPONSE in Opposition by USA on Gaither B Thompson II Motion Bill Particulars (116)
November 23, 2011 RESPONSE of Opposition USA to Gaither B Thompson II Motion Sever (105)

November 29, 2011 Court ORDER Ford Shelley Setting Conditions Release Before Sentencing (130)
November 29, 2011 Ford Shelley Plea of Guilty to one Felony Entered (132)
November 29, 2011 Ford Shelley Unsecured Bond Entered (117)
November 29, 2011 Ford Shelley WAIVER of Reading INDICTMENT (131)

After that you have the typical back and forth of Motions for and Oppositions to Motions, the Court granted some of Thompson’s Motions and Deny some of the Motions. The Court also granted an Extension for trial until April 2012.

Then silence until you read the following Docket Notes as to a hearing on January 17, 2012 in regards ONLY to Thompson:

“NOTICE OF HEARING as to Gaither B Thompson, II Change of Plea Hearing set for 1/17/2012 02:30 PM in Florence #3, McMillan Federal Bldg., 401 W. Evans St., Florence before Magistrate Judge Thomas E Rogers III.

Minute Entry for proceedings held before Magistrate Judge Thomas E Rogers, III: Change of Plea Hearing as to Gaither B Thompson, II held on 1/17/2012 John Potterfield, Assistant D. A. for USA, present for USA. Defendant present with retained counsel, Reynolds Williams. Plea Agreement Accepted. Gaither B Thompson II (3) Guilty Count 1. Pre Sentence Report will be prepared by USPO. Defendant allowed to remain out on same bond pending sentencing.”

You “think” we have one guilty plea to one felony count as Ford Shelley had done and we will wait for sentencing but then after something happened between Thompson and the USA you have the following notes.

January 17, 2012 CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE in a misdemeanor case by Gaither B Thompson, II
January 17, 2012 PLEA AGREEMENT as to Gaither B Thompson, II
January 17, 2012 Guilty PLEA ENTERED as to Gaither B Thompson, II
January 19, 2012 MOTION to Dismiss Indictment by USA as to Gaither B Thompson, II.
January 20, 2012 ORDER granting Motion by USA to Dismiss indictment as to Gaither B Thompson II. Signed by Honorable Terry L Woboten

That was some fancy lawyering in my opinion! If you want any of the papers dealing with dismissing the felony charge against Thompson let us know and we will get them and put them up for you.

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.

Visit our Download Section and pick up all of the documents related to any cases we follow; we put up papers throughout the trials, and then leave them up as part of the history of the cases we cover.

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©Rose Turner
January 23, 2012
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

Robert Jakucs and William Cox will be discussing two or three top cases they worked as partners while at the L. A. P. D. as homicide detectives that have been totally adjudicated.

John Nazarian with Robert Jakucs and William Cox worked on some cases in the world of a celebrity P. I. in Hollywood, Bob and Bill will discuss the meticulous job John did with two of his favorite go to guys on his cases, what were the cases, and how did they remain friends after working with John.

If there is time they will also talk about congress not working out a budget in the “super committee” which then pushed the have to button that the defense department had to make deep cuts; and now to go forward President Obama’s decision to save the boots on the ground and cutting some of the U. S. Marine Corps troops and spending the money on drones in the future for the protection from war for the U. S. and as a first strike and like have been used to get Osama Bin Laden and keeping Gaddafi pinned down in Libya.

Robert Jakucs

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.

Comment telephone lines are always open to call in throughout the one hour show at 818-572-8030 (long distance charges do apply). We encourage you join in the discussion. or ask John and his guests any questions you have.

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