Los Angeles County District Attorney Steve Cooley said today that all the medical marijuana dispensaries in the county are operating illegally, and that "they are going to be prosecuted."
There are hundreds of dispensaries throughout the county, including as many as 800 in the city of Los Angeles, according to the city attorney's office. They operate under a 1996 voter initiative that allowed marijuana to be used for medicinal purposes, and a subsequent state law that provided for collective cultivation.
Based on a state Supreme Court decision last year, Cooley and City Attorney Carmen Trutanich have concluded that over-the-counter sales are illegal. Most if not all of the dispensaries in the state operate on that basis.
Cooley said his office had already begun preparing to prosecute a Culver City dispensary called Organica.
Widespread criminal prosecutions could deal a sharp blow to the medical marijuana movement in California, where advocates have argued that access to the drug has helped many cancer patients and others manage pain, nausea and other health issues.
Cooley and Trutanich announced their plans after a training session for narcotics officers at the Montebello Country Club. Outside about 100 medical marijuana advocates protested, saying that not allowing over-the-counter sales threatens the distribution of a product that many sick people have come to rely on.
Barry Kramer, operator of the California Patient Alliance, a dispensary on Melrose Avenue, said, "If this is the way it goes, we'll go underground again. There will be a lot more crime."
Source
Thursday, January 28, 2010
Friday, January 15, 2010
New law gives poor people right to attorney in civil cases
Get caught stealing a six-pack of beer and, rich or poor, you get the right to an attorney.
But face eviction or a child custody battle and can't pay for a lawyer?
Get lost.
A new California law, the first of its kind in the nation, aims to change that lack of attorney access for poor people who find themselves in the state's civil courtrooms.
Two weeks ago, Gov. Arnold Schwarzenegger signed into law a measure that local legal aid officials are calling landmark legislation: It essentially gives poor people embroiled in serious civil cases the right to an attorney.
The new law, a pilot program scheduled to run from July 2011 to June 2017, is an experiment based on giving poor people the right to legal representation in vital, sometimes life-altering cases that play out in the state's civil courtrooms.
The concept of a state-funded lawyer previously applied only to people facing criminal charges who were unable to pay for an attorney; however, the program will not help every poor person in every case.
The money is intended for people who are at or below 200 percent of the poverty level as set by the federal government, and is limited to certain cases, including domestic violence, child custody, housing and elder abuse.
The funding ---- an estimated $11 million a year for the state to divvy up ---- will come from a $10 increase to the court fees paid by the winning parties in certain civil cases.
It is a very small start, but it is a remarkable recognition that access to justice should be equal in criminal and civil cases, said Irene Morales, the executive director and chief counsel of the Inland Counties Legal Services, which serves people in Riverside and San Bernardino counties.
"I've been in legal aid services my entire professional career, and this is one of the best things that has ever happened," said Morales, who joined the legal services agency in 1976 and has headed the firm since 1983. "This is a way of having a more level playing field. The need is there.
"In cases where you need but lack representation, there is no justice. This opens the doors to justice."
The number of people without an attorney who go to court for serious cases is staggering, according to numbers provided by local legal services agencies and state officials.
Source
But face eviction or a child custody battle and can't pay for a lawyer?
Get lost.
A new California law, the first of its kind in the nation, aims to change that lack of attorney access for poor people who find themselves in the state's civil courtrooms.
Two weeks ago, Gov. Arnold Schwarzenegger signed into law a measure that local legal aid officials are calling landmark legislation: It essentially gives poor people embroiled in serious civil cases the right to an attorney.
The new law, a pilot program scheduled to run from July 2011 to June 2017, is an experiment based on giving poor people the right to legal representation in vital, sometimes life-altering cases that play out in the state's civil courtrooms.
The concept of a state-funded lawyer previously applied only to people facing criminal charges who were unable to pay for an attorney; however, the program will not help every poor person in every case.
The money is intended for people who are at or below 200 percent of the poverty level as set by the federal government, and is limited to certain cases, including domestic violence, child custody, housing and elder abuse.
The funding ---- an estimated $11 million a year for the state to divvy up ---- will come from a $10 increase to the court fees paid by the winning parties in certain civil cases.
It is a very small start, but it is a remarkable recognition that access to justice should be equal in criminal and civil cases, said Irene Morales, the executive director and chief counsel of the Inland Counties Legal Services, which serves people in Riverside and San Bernardino counties.
"I've been in legal aid services my entire professional career, and this is one of the best things that has ever happened," said Morales, who joined the legal services agency in 1976 and has headed the firm since 1983. "This is a way of having a more level playing field. The need is there.
"In cases where you need but lack representation, there is no justice. This opens the doors to justice."
The number of people without an attorney who go to court for serious cases is staggering, according to numbers provided by local legal services agencies and state officials.
Source
Monday, December 28, 2009
Pellicano pleads no contest to threatening former L.A. Times reporter
Hollywood private eye Anthony Pellicano and another man, accused of threatening reporter Anita Busch in 2002 to scare her off a story, pleaded no contest today to making a criminal threat.
Pellicano, 65, and Alexander Proctor, 66, were charged four years ago in the threat on Busch's life. Busch, who was then working for the Los Angeles Times, found a fish with a rose in its mouth on the broken windshield of her car along with a sign reading "Stop," court documents allege.
The windshield was punctured and made to appear like a bullet hole, prosecutors wrote in the complaint against the two men.
In June, both men pleaded not guilty to the charges.
The case against Pellicano and Proctor was put on hold while the closely watched federal trial against Pellicano and his accomplices moved through the courts. At the conclusion of that trial in December, Pellicano was sentenced to 15 years in prison on a long list of federal wiretapping and racketeering charges. Pellicano and Proctor were transferred to state custody for their arraignment.
According the district attorney's office, they were sentenced to the maximum of three years in prison. "The state terms are to be served concurrently with their remaining federal prison sentences, prosecutors said.
Source
Pellicano, 65, and Alexander Proctor, 66, were charged four years ago in the threat on Busch's life. Busch, who was then working for the Los Angeles Times, found a fish with a rose in its mouth on the broken windshield of her car along with a sign reading "Stop," court documents allege.
The windshield was punctured and made to appear like a bullet hole, prosecutors wrote in the complaint against the two men.
In June, both men pleaded not guilty to the charges.
The case against Pellicano and Proctor was put on hold while the closely watched federal trial against Pellicano and his accomplices moved through the courts. At the conclusion of that trial in December, Pellicano was sentenced to 15 years in prison on a long list of federal wiretapping and racketeering charges. Pellicano and Proctor were transferred to state custody for their arraignment.
According the district attorney's office, they were sentenced to the maximum of three years in prison. "The state terms are to be served concurrently with their remaining federal prison sentences, prosecutors said.
Source
Tuesday, December 15, 2009
Former Hollywood private eye pleads no contest in LA to criminal threat against reporter
LOS ANGELES - Former Hollywood private eye Anthony Pellicano and an associate pleaded no contest Friday to threatening a newspaper reporter who was working on a story about actor Steven Seagal's possible ties to organized crime.
Pellicano and Alexander Proctor entered their pleas in Superior Court and were sentenced to the maximum three years in prison for leaving a dead fish for then-Los Angeles Times reporter Anita Busch, the Los Angeles County District Attorney's office said. A conspiracy charge was dismissed against the two as a result of their pleas.
"It's been a long time... for this to come to justice," Busch said. "I'm very glad to know that people can't threaten journalists in this country and get away with it."
According to court papers, Pellicano hired Proctor in 2002 to intimidate Busch, who found a bullet-sized hole on the windshield of her car along with a dead fish, a rose and a note with the word "Stop."
Busch told authorities she believed the threat stemmed from a story she was putting together on Seagal and his former producing partner, Julius Nasso. Earlier that year, Nasso was indicted with New York mob figures for plotting to extort money from Seagal.
Seagal denied hiring Pellicano and was never charged in the case.
The investigation led federal authorities to raid Pellicano's offices, where they found explosives, and he was later convicted of weapons charges. The raids also led to a federal wiretapping case. Pellicano was accused of wiretapping stars such as Sylvester Stallone and bribing police officers to run names of people, including comedian Garry Shandling, through law enforcement databases.
Authorities also found information on Busch containing her physical description, home address and the license plate number of her car, prosecutors said.
Pellicano was convicted of 78 counts including wiretapping, racketeering and wire fraud in two separate trials last year. He is serving 15 years in federal prison.
Source
Pellicano and Alexander Proctor entered their pleas in Superior Court and were sentenced to the maximum three years in prison for leaving a dead fish for then-Los Angeles Times reporter Anita Busch, the Los Angeles County District Attorney's office said. A conspiracy charge was dismissed against the two as a result of their pleas.
"It's been a long time... for this to come to justice," Busch said. "I'm very glad to know that people can't threaten journalists in this country and get away with it."
According to court papers, Pellicano hired Proctor in 2002 to intimidate Busch, who found a bullet-sized hole on the windshield of her car along with a dead fish, a rose and a note with the word "Stop."
Busch told authorities she believed the threat stemmed from a story she was putting together on Seagal and his former producing partner, Julius Nasso. Earlier that year, Nasso was indicted with New York mob figures for plotting to extort money from Seagal.
Seagal denied hiring Pellicano and was never charged in the case.
The investigation led federal authorities to raid Pellicano's offices, where they found explosives, and he was later convicted of weapons charges. The raids also led to a federal wiretapping case. Pellicano was accused of wiretapping stars such as Sylvester Stallone and bribing police officers to run names of people, including comedian Garry Shandling, through law enforcement databases.
Authorities also found information on Busch containing her physical description, home address and the license plate number of her car, prosecutors said.
Pellicano was convicted of 78 counts including wiretapping, racketeering and wire fraud in two separate trials last year. He is serving 15 years in federal prison.
Source
Saturday, November 28, 2009
Former Celeb PI Pleads in Threats Case
Los Angeles - Ex-celebrity sleuth Anthony Pellicano, who's serving a 15-year prison term in a federal racketeering, conspiracy and wiretapping case, pleaded no contest today to a criminal threats charge involving a news reporter.
Los Angeles Superior Court Judge William N. Sterling immediately sentenced Pellicano to three years in prison --- to be served at the same time as the 65-year-old defendant's federal prison term.
Co-defendant Alexander Frederick Proctor, 66, also pleaded no contest to the same charge. He was ordered to serve three years in prison, which is to be served at the same time as his 10-year federal prison term in a drug case.
A conspiracy charge against Pellicano and Proctor was dismissed as a result of their pleas on the criminal threats charge, according to the District Attorney's Office.
The two were charged by Los Angeles County prosecutors in June 2005 involving an attempt to scare Anita Busch, who was then working for the Los Angeles Times.
Pellicano hired Proctor between April and June 2002 to intimidate the reporter "to cause her to fear for her life," and Proctor went to Busch's home that June and "threatened her by placing a dead fish with a rose in its mouth on the windshield of her car," according to the criminal complaint.
"He made a hole in the windshield with the intent to make it appear like a bullet hole. He also placed a sign with the word `stop' on the windshield," according to the document.
At a preliminary hearing in August in which the two men were ordered to stand trial, retired FBI agent Stanley Ornellas said the reason for the threat was a series of articles Busch was working on that probed actor Steven Seagal's purported relationship with Mafia figures. Seagal has strongly denied the allegations.
A search of Pellicano's office turned up computer records containing Busch's driver's license number and other information, the retired federal agent testified.
Source
Los Angeles Superior Court Judge William N. Sterling immediately sentenced Pellicano to three years in prison --- to be served at the same time as the 65-year-old defendant's federal prison term.
Co-defendant Alexander Frederick Proctor, 66, also pleaded no contest to the same charge. He was ordered to serve three years in prison, which is to be served at the same time as his 10-year federal prison term in a drug case.
A conspiracy charge against Pellicano and Proctor was dismissed as a result of their pleas on the criminal threats charge, according to the District Attorney's Office.
The two were charged by Los Angeles County prosecutors in June 2005 involving an attempt to scare Anita Busch, who was then working for the Los Angeles Times.
Pellicano hired Proctor between April and June 2002 to intimidate the reporter "to cause her to fear for her life," and Proctor went to Busch's home that June and "threatened her by placing a dead fish with a rose in its mouth on the windshield of her car," according to the criminal complaint.
"He made a hole in the windshield with the intent to make it appear like a bullet hole. He also placed a sign with the word `stop' on the windshield," according to the document.
At a preliminary hearing in August in which the two men were ordered to stand trial, retired FBI agent Stanley Ornellas said the reason for the threat was a series of articles Busch was working on that probed actor Steven Seagal's purported relationship with Mafia figures. Seagal has strongly denied the allegations.
A search of Pellicano's office turned up computer records containing Busch's driver's license number and other information, the retired federal agent testified.
Source
Saturday, November 7, 2009
Supreme Court Cites Los Angeles DUI Attorney as Authority
LONG BEACH, Calif., Aug. 5 /PRNewswire/ -- In a landmark decision, the California Supreme Court has cited a Los Angeles DUI lawyer as authority in reversing previous law prohibiting California DUI attorneys from offering evidence in trial that breathalyzers used in drunk driving cases are susceptible to inherent error.
In California v. Neal, the Supreme Court three times cited the legal textbook California Drunk Driving Defense, 4th edition as scientific authority for its decision. Used by California DUI lawyers statewide, the best-selling text on the subject is authored by Los Angeles DUI attorney Lawrence Taylor. As reported in TheNewspaper.com: A Journal of the Politics of Driving:
The California Supreme Court last Thursday entered a ruling allowing motorists accused of driving under the influence of alcohol (DUI) to question the reliability of the breathalyzer machinery used to secure convictions.
"Simply put, the machines all automatically convert the amount of alcohol tested in the tiny amount of breath taken from the suspect," California DUI attorney Lawrence Taylor explained. "The internal computer multiplies the amount by 2100 -- using the average ratio of alcohol in blood to alcohol in breath -- to estimate the amount of alcohol in the suspect's blood. Problem: We are not all average. And ratios vary from 1300:1 to 3500:1."
With this in mind, the supreme court held that partition ratio evidence may now be raised as a defense to a general DUI charge. The court, however, in previous rulings made it clear that motorists could be convicted of per se DUI regardless of any scientific evidence regarding actual intoxication. The high court cited Lawrence Taylor as an authority on the subject three times in its decision, but Taylor blasted the decision as irrational.
Known nationally as "The Dean of DUI Attorneys", Lawrence Taylor is a former Los Angeles deputy district attorney and Fulbright Professor of Law who has lectured to DUI lawyers in over 41 states. Taylor currently heads his law firm of 8 DUI defense lawyers serving clients in Los Angeles, Orange County, Riverside-San Bernardino, San Diego and the San Francisco Bay area.
The decision has been widely applauded by DUI defense attorneys in California, while prosecutors have criticized the decision, predicting that it will result in far more DUI lawyers winning acquittals.
Source
In California v. Neal, the Supreme Court three times cited the legal textbook California Drunk Driving Defense, 4th edition as scientific authority for its decision. Used by California DUI lawyers statewide, the best-selling text on the subject is authored by Los Angeles DUI attorney Lawrence Taylor. As reported in TheNewspaper.com: A Journal of the Politics of Driving:
The California Supreme Court last Thursday entered a ruling allowing motorists accused of driving under the influence of alcohol (DUI) to question the reliability of the breathalyzer machinery used to secure convictions.
"Simply put, the machines all automatically convert the amount of alcohol tested in the tiny amount of breath taken from the suspect," California DUI attorney Lawrence Taylor explained. "The internal computer multiplies the amount by 2100 -- using the average ratio of alcohol in blood to alcohol in breath -- to estimate the amount of alcohol in the suspect's blood. Problem: We are not all average. And ratios vary from 1300:1 to 3500:1."
With this in mind, the supreme court held that partition ratio evidence may now be raised as a defense to a general DUI charge. The court, however, in previous rulings made it clear that motorists could be convicted of per se DUI regardless of any scientific evidence regarding actual intoxication. The high court cited Lawrence Taylor as an authority on the subject three times in its decision, but Taylor blasted the decision as irrational.
Known nationally as "The Dean of DUI Attorneys", Lawrence Taylor is a former Los Angeles deputy district attorney and Fulbright Professor of Law who has lectured to DUI lawyers in over 41 states. Taylor currently heads his law firm of 8 DUI defense lawyers serving clients in Los Angeles, Orange County, Riverside-San Bernardino, San Diego and the San Francisco Bay area.
The decision has been widely applauded by DUI defense attorneys in California, while prosecutors have criticized the decision, predicting that it will result in far more DUI lawyers winning acquittals.
Source
Thursday, October 22, 2009
Racism Charged in Los Angeles as Economy Goes to Pot
LOS ANGELES, Calif. (SEND2PRESS NEWSWIRE) -- It is said that Obama has stopped the economy from falling off a cliff, but in Los Angeles it is the Cannabis Industry that is saving landlords of commercial properties, says Pastor Craig Rubin. One year ago Rubin, founder of Craig X Academy, an on-line marijuana school that teaches students in a course called, "Profit from Pot," rented an abandoned building in the SORO district to provide medical cannabis to qualified patients. Rubin has recently bombarded the Internet with ads for his service and is marketing the project under www.profitfrompot.com, but finds himself in a fight with the City of Los Angeles to save his pot club.
Medical marijuana is supposed to be not-for-profit and Pastor Rubin set up a not-for-profit religious group, Temple 420, to do just that. However, after an appearance on Showtime's hit series Weeds where Rubin played the owner of a medical marijuana club Rubin's house of worship was raided. Rubin and his wife lost their house and lost all their vehicles. The City of Los Angeles spent millions of dollars closing down Temple 420 where Rubin paid over $10,000 a month rent to be on the famous Hollywood Blvd.
After two years of economic struggling, Rubin and his wife have seven children, the judge in the case (Rubin was convicted of selling marijuana and sentenced to five years in jail, but since he had no prior criminal record the judge gave him probation), Judge Drew Edwards, ruled that he could, "Own and operate a marijuana facility (club)."
The City of Los Angeles created a moratorium on marijuana clubs, but created a hardship for people like Rubin who had previously owned a club and were shut down because of DEA letters to landlords. Even though Rubin had been arrested and was charged with selling marijuana he knew what he was doing was legal. He had only been in operation for 38 days when he was raided, but continued to operate on Hollywood Blvd. for months after the arrest until the DEA wrote a letter to Rubin's landlord threatening to seize his mini-mall if Rubin was not evicted.
Medical marijuana is supposed to be not-for-profit and Pastor Rubin set up a not-for-profit religious group, Temple 420, to do just that. However, after an appearance on Showtime's hit series Weeds where Rubin played the owner of a medical marijuana club Rubin's house of worship was raided. Rubin and his wife lost their house and lost all their vehicles. The City of Los Angeles spent millions of dollars closing down Temple 420 where Rubin paid over $10,000 a month rent to be on the famous Hollywood Blvd.
After two years of economic struggling, Rubin and his wife have seven children, the judge in the case (Rubin was convicted of selling marijuana and sentenced to five years in jail, but since he had no prior criminal record the judge gave him probation), Judge Drew Edwards, ruled that he could, "Own and operate a marijuana facility (club)."
The City of Los Angeles created a moratorium on marijuana clubs, but created a hardship for people like Rubin who had previously owned a club and were shut down because of DEA letters to landlords. Even though Rubin had been arrested and was charged with selling marijuana he knew what he was doing was legal. He had only been in operation for 38 days when he was raided, but continued to operate on Hollywood Blvd. for months after the arrest until the DEA wrote a letter to Rubin's landlord threatening to seize his mini-mall if Rubin was not evicted.
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