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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.

The Yepremyan murder trial is wrapping up after several weeks, it is the process that is also a real killer. Can you begin to imagine the Yepremyans sitting day in and day out within feet of those responsible for the murder of their only son. Having to sit and watch all of the evidence that at times was gruesome. There were photos of the autopsy, their boy laying there dead. And worse yet was the silly shit the defense attorneys would pull on witnesses, and the shenanigans (one would have to wonder what redeeming qualities lawyers like this have? What would it be like to have their son or daughter laying on a stainless steel table with a bullet hole in the head? Getting ready to be sliced and diced during an autopsy). Just me thinking our loud.

The defense attorneys have pulled out all the stops. Kessel was the most annoying in so much that he does his job and enjoys it. What job do you ask? Get the guilty out of the belly of the beast at all costs and this trial was no exception. Just like ‘OJ’ everyone knew Simpson killed his wife and the kid. And he was found not guilty by a gaggle of some of the dumbest human beings to ever walk the face of this planet…it all caught up with him in time (this was probably one of the rare examples of a “jury of your peers” ).

Likewise, everyone with any brains knows exactly what happened that night in North Hollywood, who killed Mike Yepremyan, who put it all into motion and all of the players. The truth has little or no place in a criminal court, it is defense games and police detectives and prosecutors who waltz around with the freedom of those in the jaws of the system. The jury system as I have often stated is a total joke for the most part, “a jury of your peers.” Really? So would I have 12 former cops on a jury, does a doctor get a jury of other doctors to decide ones innocence or guilt? Of course not, jury selection is a science for those who want to spend the money on professionals who can pick certain ‘candidates’ with certain characteristics that will be favorable for your client.

That was not the case in the Yepremyan murder case, Not Guilty or Guilty is not going to bring back Mike ‘Gombert’ Yepremyan from his grave in Forest Lawn. One big help for the defense was the fact all of Mikes ‘friends’ that night seemed to have forgotten and lied about a shotgun that was in the trunk of Mike’s car. For sure it was not put there by Mike, but by one of his friends who thought that his military career was going to be helpful in the event of something happening. In the end it may well have gave the defense a gift, sure a real big gift to the defendants. Sure, they all lied (Mike’s friends who all watched and did nothing) about an issue that if it had been told to the cops at the time would have been a non-issue. Having any long gun in your trunk is not an issue, tell the cops the truth and all would have been fine, but to lie? The whole bunch of you may have given rise to letting the killers off, we will see.

Worse yet was that this same group that were standing feet away when Mike was murdered also lied to the grand jury! WTF were you thinking guys, you never used the gun obviously, are you all that f’n ignorant? You soldier boy should have got it and used it at the fleeing murders who had just shot your best friend in the neck. But nooo, you and the others decided to try and lie and forget about a non-fucking issue. Congratulations, the whole bunch of you may very well be responsible for Mike Yepremyan and his Mom and Dad never seeing justice…all because you lied!

Now if the jury is smart and the prosecutor is as good an actor as some of the members of the defense team. This jury may well understand that they are sitting and looking at those responsible for the murder of Mike ‘Gombert’ Yepremyan. If these defendants are to be found not guilty, as I said when ‘OJ’ was found not guilty, the defendants took the risks, they played the game and payed dearly for a great defense team… this is after all our system of justice.

One other note, as many of you will recall in my earlier writings on Desperateexes.com I talk about the “Armenian Factor.” This “Factor” is as real as dead fish will stink, fruit will rot and for law enforcement the “Armenian Factor,” encompasses all of this and much more in investigating crimes involving this element.

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 John J Nazarian On Face Book and on Twitter; follow John and see who John J Nazarian is following. Most Important subscribe to John J Nazarian on You Tube, see John Unleashed on the latest stories of today.

©Straight Talk with John J. Nazarian, Private Investigator
August 2, 2012
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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.

Dr. Lipson has assisted law enforcement nationally, as well as London’s New Scotland Yard, and serves as a professor at Alliant International University. He’s the founder of the online training program, www.MakingRightChoices.com, which is sweeping the nation with its collaborative, community-based approach for ending educator/student sexual abuse.

Dr. Lipson chose his profession after his grandfather was murdered by a co-worker with an ax. We will see if he is willing to discuss that case and how it has impacted his life and career choice.

Dr. Lipson has provided trial commentary for InSession/Court TV, and on various cases for HBO, Discovery and local television; is a frequent guest on talk radio; and has been quoted in numerous magazines and books.

Lipson’s knowledge of all the top cases in the news lets him offer practical solutions for turbulent times.

Dr. Lipson is Program Director as well as Associate Professor of the Forensic Psychology Program at Alliant International University, San Diego Campus. A Diplomate in forensic psychology he has evaluated victims, perpetrators and has been retained in suits involving clergy, youth organization and internet exploitation. He has appeared in Expert capacity on local media outlets, Court TV/Sessions and the Verdict with Paula Todd.

As a Diplomate in Forensic Psychology Dr. Gipson has testified in homicide, sexual assault and other high profile cases.

Since Dr. Cyril Wecht has completed the second autopsy of Rebecca Zahua and found he did not believe it was suicide, but the local small town police department was too embarrass to reopen the case, and the fact that Dr. Lipson has worked with the San Diego D. A. in previous cases; John will be asking Dr. Lipson since he will be a valuable second opinion using Lipson profiler skills of women and what he feels about this case. More important will it ever be reopened and look at again?

Instead of discussing Casey Anthony, John J. Nazarian will be discussing the jury in the Anthony case and did they come up with the right verdict, considering the rush to prosecute Anthony, with the evidence presented at trial.

The Aruba case and Gary Giordano who was just released by the Aruba Court and is back home in Maryland, U. S.; that will lead of course to the infamous Van Der Sloot 2nd murder and his multiple civil suits since being arrested and expedited back to Peru. Who got raw deals and who are truly potential killers?

We can not have a profiler on with out asking Dr. Lipson about the rampant bullying in our schools that is leading in many cases to tragic killings and suicides, especially among the LGBTQ teens. What he thinks schools should do or what training should be provided and how to stop this epidemic cycle of bullying that leads to deaths of our youth.

Telephone lines are always open to call in at 818-572-8030 long distance charges do apply, join in the discussion or ask questions of John and his guest.

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Because of the “realignment” of how cases are sorted in California, what Dr. Murray was found guilty of is not something that Judge Pastor had the ability to send Dr. Murray to state prison for even ONE day, the sentence HAS to be in County Jail which we know is letting prisoners go early on “none violent” convictions. Dr. Conrad Murray’s conviction in relation to the death of Michael Jackson is considered under California sentencing guidelines as a “none violent crime”, therefore the most that Judge Pastor could give Murray was 4 years in county jail.

Murray has already lost his license it appears from what is said in court today. That is what Edward M. Chernoff said while arguing for probation and no jail time. Judge Pastor made it clear he had nothing to do with any lost license to practice when Murray get’s out of L. A. County Jail.

Judge Pastor gave Murray the maximum of 4 years in county jail, so what does that really equal with the crowded county jail and this being a none violent crime by the realignment act passed in 2011? John Nazarian is here to explain that to all who do not live in the land of California criminal courts.

Judge Pastor also ruled in “victim” restitution that Murray pay an $800 restitution fine, $30 court fee, and a $40 criminal assessment fee. Murray must supply DNA to be put in the criminal data base.

However, for now Judge Pastor is not having any of the paying appropriate restitution to Jackson’s children of over $100 million appears for now to be way out of the ball park, even to Judge Pastor; thus Judge Pastor will set a new date for a restitution hearing for Jackson’s children which will be held without Dr. Conrad being present in January.

However using Lindsay Lohan and how many times judges have ordered her to stay for X number of days or months with her to only walk in a day John Nazarian will explain that once the county sheriff takes Murray’s care in his facility today just how long will Dr. Murray really remain an inmate?

Telephone lines are always open to call in at 818-572-8030 long distance charges do apply, join in the discussion or ask questions of John

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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November 29, 2011
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