Steven was charged with felony DUI with two "great bodily injury" allegations. After 3 years of litigation, we settled the case for a "no time" wet reckless. The original offer was two years in prison.... Deputy District Attorney Ben Tao withheld evidence that the phlebotomist had been terminated and that the lab analyst had committed perjury in another case.
Criminal defense
People v. J.E.
May 09, 2011
OUTCOME: All Charges Dismissed
Elite Security guards attacked J.E. at a San Diego Charger's game for "flipping off" a hostile crowd who was screaming obscenities at him because he was wearing the other team's jersey. He was charged ...with seven criminal counts, including battery with serious bodily injury against one guard. After six days in trial, the Court threw out all charges agreeing with our position that the guards could not retaliate against J.E. for exercising his First Amendment rights. The Court granted our motion for a directed verdict. Here's a link to the video. http://www.fox5sandiego.com/news/kswb-stadium-swearing-issue,0,4875164.story
Civil rights
White v. County of Orange
Sep 03, 2010
OUTCOME: $259,400 verdict for plaintiff plus $83,000 punitive damages
Toy and Steve White were getting ready for a weekend barbeque when a trespasser walked on to their property. Their Olde English sheepdog nipped the trespasser. All hell broke loose. The police were ...called, an ambulance came (for the minor nip), and animal control arrived demanding the Whites produce the dog. The animal control officer, backed up by four heavily armed Orange County Sheriff deputies, stormed the house, slamming Toy White's head onto the limestone flooring. They arrested her, put her in jail for eight hours and had her prosecuted. She was injured, with a black/purple bruise under her eyes, and multiple black/purple bruises across her body. After some months of litigation, all criminal charges were dropped. Three years later she won a verdict a gainst the abusive deputies in federal court in Santa Ana
Criminal defense
People v. Ryan S.
Jun 11, 2010
OUTCOME: Hung Jury-Rape charges dismissed
Ryan S., an Iraqi war verteran, was wrongfully accused of rape by a woman with a torrid past. The "victim" had a history of making false criminal complaints against a former boyfriend in order to obtai...n "leverage." The prosecutor withheld this information, but we found it anyway. But the court refused to allow us to use it against the lying witness. We went to trial anyway, cross examined the lying "victim", and earned a hung jury for my client. The prosecution vowed to retry the case. But they ultimately folded, offered a misdemeanor, and Ryan S. was required only to do ten days of public works.
Criminal defense
People v. Nadine Hays
Apr 20, 2010
OUTCOME: Grandmother Assaulted by TSA Agent Wins in Court
57-year old mother of three, grandmother of five, Nadine Hays tried to take her elderly mother to a wedding in Nashville Tennessee. But Brubank TSA agents snatched her mother's apple sauce and salami, ...and then accused Nadine of hitting one of them.
Nadine suffered the indignity of being handcuffed, strip searched and charged with crimes she didn't commit. Burbank City Attorneys further terrorized this woman by prosecuting her for nearly a year.
Finally, we called the press. The Los Angeles Times wrote an editorial on how stupid this case was. After all, the alleged "assault" was on You Tube and clearly showed no assault.
The press followed us from courtroom to courtroom as this horrible case progressed. But Nadine remained stoic and secure in her eresolve not to plead guilty just to get it over.
Ultimately, we ended up in the courtroom of Judge Roteberg in Glendale who pushed the prosecutor to dismiss the case.
But the press lambasted the prosecutors who forced Nadine through her second hell as a defendant in a criminal case.
Civil rights
Adam F. v. Broxterman
Sep 10, 2009
OUTCOME: $10,000 settlement against SDPD officer
Adam F. was stopped by SDPD officer Broxterman. The trial court suppressed the evidence taken after the stop because Broxterman did not have probable cause to stop Adam F. At the hearing, a companion ...officer testified against Broxterman, instructing the court that Broxterman's reasons for making the stop were never aired on the radio as Broxterman claimed. I filed a federal sec. 1983 civil rights case against the City of San Diego and Broxterman for Fourth Amendment violations. The City immediately settled the case for $10,000 without even having to do discovery.
DUI and DWI
People v. R.H.
Jul 20, 2009
OUTCOME: Not Guilty in Trial
Client was in law enforcement. He was stopped by SDPD. He blew a .10/.11. We went to trial and obtained Not Guilty verdicts on both counts. Client had been on a strict Atkins diet causing his body to... produce ketones that caused the breath machine to falsely identify those keytones as ethyl alcohol. In short, the keytones tricked the machine. The experts batttled, but the jury chose to believe our side and he was free to go back to his job in law enforcement.
Criminal defense
People v. C.F.
Aug 25, 2008
OUTCOME: Hung Jury-Case Dismissed
Client, a softball coach, was alleged to have had sex with a minor player. He was charged with two felony counts. We went to jury trial and showed that the alleged victim fabricated the allegations af...ter C.F. terminated her from the team. The jury hung, and the court dismissed all charges.
Civil rights
Morales v. Chula Vista Police Department
Aug 15, 2008
OUTCOME: $400,000 settlement
Christian Morales was brutally beaten by Chula Vista Police Officer Moises Rodriguez as Christian exited his father's truck in the family driveway. Christian suffered serious post traumatic stress diso...rder, spinal injuries and soft tissue damage. After nearly 18 months of denying liability and paying two high-priced partners from civil firms taxpayer money to drsg the case out, the City paid out $400,000 to Morales.
Criminal defense
Volpe v. Superior Court
Dec 11, 2007
OUTCOME: Court of Appeal Win for Plaintiff
Client was stopped for investigation of DUI by a police officer who had a history of falsifying investigatory stops. Trial Judge refused to require the city to produce evidence of this officer's misco...nduct. San Diego Appellate Division, Judge Deddeh presiding, affirmed the trial judge's erroneous ruling. I filed a Writ to the Fourth District Court of Appeal and the appellate court reversed the trial judge and the appellate division. We were entitled to all impeaching records in the cop's personnel file going back almost 20 years.