Los Angeles Police Misconduct Lawyer, Los Angeles Police Brutality & Excessive Force Blog

Standards in Police Brutality Cases

2012-01-21T20:16:00.001-08:00

When determining whether the use of force during an arrestis reasonable, courts carefully balance "the nature and quality of theintrusion on the individual's Fourth Amendment interests against thecountervailing government interests at stake." Graham v. Connor, 490 U.S.386, 396 (1989). This analysis requires an examination of the following factorsset forth in the Supreme Court's ruling in Graham v. Connor: (1) the severityof the crime at issue; (2) whether the suspect posed an immediate threat to thesafety of the officers or others; and (3) whether the suspect was activelyresisting arrest or attempting to evade arrest by flight. Id. The "mostimportant single element" of this criteria is whether the suspect poses animmediate threat to the safety of the officers or others. Chew v. Gates, 27 F.3d1432, 1441 (9th Cir. 1994).

In addressing Defendants' Motion for Summary Judgment, theCourt notes the Ninth Circuit has held that "[b]ecause [the excessiveforce] inquiry nearly always requires a jury to sift through disputed factualcontentions, and to draw inferences therefrom, . . . summary judgment. . . inexcessive force cases should be granted sparingly." Santos v. Gates, 387F.3d 846, 853 (9th Cir. 2002); see also Liston v. County of Riverside, 120 F.3d965, 976 n.10 (9th Cir. 1997) ("We have repeatedly held that thereasonableness of force used is ordinarily a question of fact for thejury.").

By contrast, applying a Taser in dart mode (wherein dartsare shot at the suspect from some distance) achieves greater distance betweenthe contact nodes which can cause neuro-muscular incapacitation. In dart mode,the Taser's use is a Level 2 tactic to be employed only against aggressiveresistance. The district court did not differentiate between the possible modesof use, noting only that the Taser was discharged on Brooks's thigh, shoulder,and neck, causing "a level of force (whether once or three times) thathurt `extremely bad,'" and constituted a "quantum leap" from theprevious force employed. These comments suggest the district court thought theforce used was severe. We find this to be an overestimation that led the courtto err in finding excessive force.

In two recent decisions, we addressed excessive force claimsinvolving the use of Tasers. See Mattos v. Agarano, 590 F.3d 1082 (9thCir.2010) (per curiam) (holding that the use of a Taser stun on a suspecteddomestic violence victim while attempting to arrest her husband did not amountto excessive force); Bryan v. McPherson, 590 F.3d 767 (9th Cir.2009) (holdingthat shooting a Taser gun at a disoriented, half-naked man while stopping him fora seatbelt violation constituted excessive force).

The Bryan panelundertook a more detailed analysis of the quantum of force. The panel concludedthat the use of a Taser, in a manner equivalent to dart mode,"constitute[s] an intermediate, significant level of force that must bejustified by a strong government interest that compels the employment of suchforce." Bryan, 590 F.3d at 774 (internal quotation marks omitted).[12] InBryan, a police officer discharged his X26 Taser from a distance of approximately20-25 feet, embedding a barbed electrical probe into Bryan's arm. Id. at 771.The X26's powerful electrical pulse delivered an excruciating pain throughoutBryan's body and caused Bryan to lose all muscular control, fall face firstonto the pavement, shatter four front teeth, and suffer facial abrasions andswelling. Id. He also needed to have the electrical barb surgically removedfrom his flesh. Id. at 773. Because the pain inflicted by the X26 Taser was"intense, [was] felt throughout the body, and [was] administered byeffectively commandeering the victim's muscles and nerves," we held theX26 Taser to be "an intermediate or medium, though not insignificant,quantum of force." Id. at 774-75.[13]

The panel paid the "require[d] careful attention to the facts and circumstances of [this] case, including the severity of the crime at issue, whether the suspect pose[d] an immediate threat to the safety of the officers or others, and whether he [was] actively resisting arrest or attempting to evade arrest by flight," Graham v. Connor, 490 U.S. 386, 396, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989). We concluded that Officer Brian MacPherson used excessive force when, on July 24, 2005, he deployed his X26 taser in dart mode to apprehend Carl Bryan for a seatbelt infraction, where Bryan was obviously and noticeably unarmed, made no threatening statements or gestures, did not resist arrest or attempt to flee, but was standing inert twenty to twenty-five feet away from the officer. See Bryan v. MacPherson, 608 F.3d 614, 618 (9th Cir.2010). At the heart of our holding was the conclusion that the X26 taser and similar devices, when used in dart mode, constitute an "intermediate, significant level of force that must be justified by the governmental interest involved." Id. at 622. We nonetheless concluded that Officer MacPherson was entitled to qualified immunity from Bryan's 42 U.S.C. § 1983 suit, because this principle was not clearly established in 2005 when Officer MacPherson deployed his dart gun on Bryan. See id. at 629. A majority of the active judges of our court voted against rehearing en banc, and I concur.

Drone that crashed in Iran may give away U.S. secrets - latimes.com

2011-12-06T05:40:00.001-08:00

Best line ever. "I don't think this is a dagger pointed at the heart of democracy," said Loren Thompson, defense policy analyst for the Lexington Institute in Arlington, Va. "A lot of information about this aircraft was already known by foreign military intelligence officials."

http://www.latimes.com/la-fi-1206-drone-iran-20111206,0,5525354.story?track=latiphoneapp

Okorie Okorocha
Nationally Board Certified Trial Lawyer
Specialist Member, Calif. DUI Lawyers Assoc.
Toxicology/DUI Expert Witness
Email: OO@Bullcoming.com
Cell/Text: (626) 888-9117

U.S. Department of Justice on the Proper Use of OC Spray

2011-11-20T13:08:00.001-08:00

Oleoresin capsicum (OC). OC, a naturally occurring substance derived from the cayenne pepper plant, is classified as an inflammatory agent. On contact with OC, the mucous membranes of the eyes, nose, and throat immediately become inflamed and swollen. The symptomatic swelling produces involuntary eye closure due to dilating capillaries; nasal and sinus drainage; constricted airway; and temporary paralysis of the larynx, causing gagging, coughing, and shortness of breath. The extract of peppers causes the blood vessels to dilate and the blood to rush to the upper body; the skin appears inflamed, resembling a burn. OC's inflammatory properties purportedly render the agent more effective than CN and CS on violent, intoxicated, drugged, and mentally ill individuals. (The aggression is directed the disabled?)

See citations:

U.S. Dept of Justice

U.S. DOJ Study

Just a note. I represent good cops and the victims of bad ones. So I have a lot of experience in this area. Neither the University, nor any agency that employs police officers can fire them without a hearing and due process... I know... I know... It is just the law and it does help protect some good cops and whistleblowers... It is good that Pike has not been fired YET. That is something that could result in the officer suing and winning a huge judgment. BUT I want him arrested NOW. Okorie Okorocha Email: OO@Bullcoming.com

--

Kind Regards,

(New Address)

Okorie Okorocha
Nationally Board Certified Trial Lawyer
Specialist Member, Calif. DUI Lawyers Assoc.
Toxicology/DUI Expert Witness
Email: OO@Bullcoming.com

ABCNews.com: Okorocha Blasts Vicious Cops that Pepper Sprayed UC Davis Protesters

2011-11-20T07:12:00.000-08:00

Kind Regards,

Okorie Okorocha
Nationally Board Certified Trial Lawyer
Specialist Member, Calif. DUI Lawyers Assoc.
Toxicology/DUI Expert Witness
Email: OO@Bullcoming.com

Illegal Police Violence at U.C. Davis - Pepper Spray attack on sitting Occupy Student Protesters

2011-11-18T18:54:00.000-08:00

This blog post was created with dictation software and may contain minor errors

Summary

"Pepper Spray incapacitates and is only supposed to be used to stop a violent or attacking subject. Pepper spray stops you in your tracks with pain and you cannot open your eyes. You cannot move. You are incapacitated. This officer did not want the students to move.

Why would he use a weapon that incapacitates them, before moving them? He was setting them up for resisting arrest charges."
e
Text

The aggressive actions of the U.C. Davis Police on November 18, 2011 were clearly illegal and violative of the 4th amendment.; This was also a felony assault and battery that the officer committed under California Penal Code 245

Tear Gas is the proper police weapon for dispersing crowds and is generally considered to be an irritant and not as potentially lethal and painful as pepper spray.

Pepper Spray is one of the most painful chemicals you can experience and the hot pepper can give you severe pain and burning for up to two days.

Unlike Tear Gas, pepper spray has a resin that makes it stick to your eyes and membranes.

Imagine putting the hottest pepper you can imagine in your eyes and nose and throat. It is very hard to breathe and you CANNOT open your eyes.

Pepper Spray can cause permanent damage and even death.

Pepper Spray is only supposed to be used to stop an attack because it makes the person unable to see or move. It disorients them and debilitates them.

This officer did not want the students to move. If he did, he would have used tear gas. He was just hurting them because they were exercising their rights.

Why would he use a weapon that incapacitates them if he really wanted them to move?

Maybe because after he sprayed them, he started to move them while incapacitated just so he could FRAME THEM and CHARGE THEM with resisting arrest.

In this case, the police do not have the usual excuses I see, such as "it was a high crime area... We were dealing with known gang members... Minorities with baggy pants and shaved heads are dangerous... We thought he was reaching for a grenade launcher... We got a call of shots fired... The officer was in fear for his life."

In this case, the officer just stood there nonchalantly spraying kids sitting with their heads down.

Okorie Okorocha
Civil Rights Lawyer
Lawyer for Good Cops
Lawyer for victims of bad cops

UC Davis Cops home info and cell online

2011-11-17T21:12:00.000-08:00

This is all over the Internet:

Lieutenant John Pike

Records Unit Manager

Cell: 530-979-xxxx

japikxxxx@ucdavis.edu

Address: xxxx Cowell Blvd, Apt Xxx. Davis, CA xxxxx

Skype: japixxx

Okorie Okorocha

Nationally Board Certified Trial Lawyer

Specialist Member, Calif. DUI Lawyers Assoc.

Toxicology/DUI Expert Witness

Email: OO@Bullcoming.com

Cell/Text: (310) 871-3217

Santa Barbara DUI Travesty

2011-06-24T13:40:00.001-07:00

I explained to a Santa Barbara DA yesterday that my client has a document blood condition, that causes her to read high on blood alcohol tests, even when she is not drinking and we have tested and documented this through her doctor who is available.

Further, she was not at a .17 BAC that the blood test the government took shows because she was with someone that night who can say she only had two drinks.

The DA did not want to talk to the witness who was with her, see her medical records or talk to the doctor. He just listened to what I said and immediately, as though I had said NOTHING, replied:

"So when do you want to have the trial?"

It is extremely rare to find a prosecutor who cares of they are screwing innocent people.

--
Kind Regards,

Okorie Okorocha
Criminal Defense & Police Misconduct
Nationally Board Certified Criminal Trial Lawyer
Specialist Member - California DUI Lawyers Association
Certified Specialist, California State Bar Rule of Professional Conduct 1-400(D)(6)
Expert Witness - Drugs, Alcohol, Toxicology, Forensic Science & DUI.

www.CaseHelp.com

California Legal Team
117 E. Colorado Blvd., Suite 465
Pasadena, Ca 91105

okorie@ufl.edu
(310) 871-3217
(626) 792-1301
(619) 321-8811
(949) 719-2649

toll free: 800 285 1763
toll free Fax: 888 286 1840

"Liberties are at peril. If you are not willing to fight, get out of the way!" -Captain Motion-

Lawyers love to talk about themselves, it is always "me, I, me, I, me, I, I did, I did, I did, I did, I think, I think, I think..."

Criminalist Mix chop and Screw

2011-06-07T17:25:00.000-07:00

CCN Game Changers - Okorie "Dr. DUI" Okorocha Talks Breathalyzers- Part 2

2011-05-25T20:46:00.000-07:00

Dr. DUI explains the silliness of the California Supreme Court in the landmark DUI Case People v. McNeal (1)

2011-04-23T19:28:00.000-07:00

Dr. DUI explains the silliness of the California Supreme Court in the landmark DUI Case People v. McNeal (1)

Dr. DUI explains the silliness of the California Supreme Court in the landmark DUI Case People v. McNeal

by Okorie Okorocha on Saturday, April 23, 2011 at 7:25pm

The conversion from breath alcohol to blood alcohol is based on the chemistry principle of ‘Henry's law,’ which holds that there is ‘a constant ratio between the concentration of alcohol in the blood and the concentration of alcohol in the alveolar air of the lungs.’” People v. McNeal (2009) 46 Cal.4th 1183, 1191.
The use of Henry’s law here is a bit of a stretch. William Henry was a scientist in the very early 1800s and did not know what an Alveolus was.
Think about it for a second!!!
Here is what Henry's law says:
C=Khp
Henry's law can be put into mathematical terms (at constant temperature) as
where p is the partial pressure of the solute in the gas above the solution, c is the concentration of the solute and kH is a constant with the dimensions of pressure divided by concentration.[1] The constant, known as the Henry's law constant, depends on the solute, the solvent and the temperature.
Some values for kH for gases dissolved in water at 298 K include:
oxygen (O2) : 769.2 L·atm/molcarbon dioxide (CO2) : 29.4 L·atm/molhydrogen (H2) : 1282.1 L·atm/mol

David so what are the variables the Court did not consider?
16 hours ago ·
Kenton What was the holding? Is p v Bransford impacted?
9 hours ago ·
Okorie Okorocha Bransford did not allow the partition ratio variability evidence on the 23152B Count or the Count that say you cannot be over .08 or for the non-DUI nerds, this means evidence that breath does not accurately reflect blood levels, but this case changed the law to allow this evidence for the 23152A count which just says you cannot be "impaired" regardless of BAC. Very Confusing.
7 hours ago ·
Okorie Okorocha Hi David Hicks, I could write a whole book on this. But, breath results are published/determined as grams of alcohol per 210,000ML or breath, which is 2100 times blood results of grams per 100 ML of blood. This 2100 ratio was decided by committee and was never proven and is not true because the ratio is always changing. Also, BAC of breath grams per 210,000ml or for blood, grams per 100 ml is called a percentage. This is grams or MASS over milliliters or Volume. Percentage would really be mass over mass or volume over volume, so that is rubbish.

LAPD Police Flee Angry Mob la riots 1992

2011-04-23T12:09:00.000-07:00

Crazy story of CHP abuse/1983 Action Question

2011-04-21T23:55:00.001-07:00

An attorney appeared for me on this alleged "resisting arrest" case
against my model citizen client who flagged down a CHP officer only to
regret it as the worst mistake of his life.

She began to cry reading the police report.

This was a criminal police report written by the police officer and a
complaint the DA filed, she had never seen the client or met him
before, and was crying feeling bad for what happened to the
PERPETRATOR in the criminal complaint in the police report.

He is the one that contacted them about a traffic infraction.

Without going in to the details, the client did NOTHING, was not
threatening, but as a result, has 4 bulging disks, one of which is 8
or 9 millimeters, the doctor says he is close to losing bladder
function.

I would think a prosecutor would not have the gall to file a criminal
case like this in Simi Valley or some other haven for retired cops,
but this case was filed in Inglewood, Ca, the same Inglewood by LAX.
Yeah, that one.

DA who read the report that day, asked the attorney that appeared for
me if I would be kind and gracious enough to take a dismissal.

When the DA that filed the charges in running for Judge or gets
appointed, I will be sure to run against him on the above platform.

But, for now, does anyone know if there is immunity for the Los
Angeles DA's office and the DA that filed the charges?

This is adding insult to injury and obscene?

The 1983 action is getting started.

--
Kind Regards,

Audio Clips from Cross Examination at recent trials:
http://casehelp.com/blog/?p=149

Dr. DUI®

"Liberties are at peril. If you are not willing to fight, get out of
the way!" -Captain Motion-

Lawyers love to talk about themselves, it is always "me, I, me, I, me,
I, I did, I did, I did, I did, I think, I think, I think..."

Okorie Okorocha, Attorney
Nationally Board Certified Criminal Trial Lawyer

Toxicologist/Forensic DUI Alcohol and Drug Expert approved in Superior Courts
M. Sc. Forensic Science Candidate 2011

www.CaseHelp.com

okorie@ufl.edu
(310) 871-3217
(626) 792-1301
(619) 321-8811
(949) 719-2649

toll free: 800 285 1763
toll free Fax: 888 286 1840

Virginia L. Landry suggested you like Law Offices of Virginia L. Landry, Inc.

2011-04-21T08:51:00.001-07:00

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Speaking Engagement on April 20, 2011

2011-04-20T19:28:00.000-07:00

METRO NEWS BRIEFS: CONNECTICUT; Judge Rules That Police Can Bar High I.Q. Scores - New York Times

2011-04-16T18:40:00.000-07:00

METRO NEWS BRIEFS: CONNECTICUT; Judge Rules That Police Can Bar High I.Q. Scores - New York Times

Ofcourse you cannot be smart and a cop. Why did this guy file a nonsense lawsuit?

Dr DUI is Back Killer Cross Examination The Mix Chop and Screw of a D...

2011-04-05T07:02:00.000-07:00

2011-04-02T17:07:00.001-07:00

Lawyer heads back to Torrance court as defendant

When he introduced himself as a new attorney looking to observe and gain some experience, Leonard Sawyer was welcomed into the Torrance courthouse a few months ago.

One veteran defense attorney even agreed to let him sit beside her and assist in a murder trial.

But something seemed strange about Sawyer, said the attorney, who asked that her name not be used.

"He kept coming up from behind and touching me in a manner I found highly offensive," she said. "I kept telling him, `Don't do that."'

As it turns out, the attorney wasn't alone in her complaint.

Sawyer is scheduled to return to the courthouse on Dec. 10, but this time as a defendant. The Torrance City Prosecutor's Office has charged him with misdemeanor counts of sexual battery, alleging Sawyer inappropriately touched women on Sept. 17 and 25.

The victims are all court personnel, including a deputy district attorney, a security guard and a court clerk, said Torrance Deputy City Prosecutor David Caceras.

Attempts to reach Sawyer were unsuccessful. He did not return telephone calls placed to the telephone number listed for him on the California Bar Web site.

His attorney, Ludlow Creary II, also was not available.

The State Bar site shows Sawyer has an office address on Santa Monica Boulevard in Century City. It states he earned his undergraduate degree from Southern Methodist University in Dallas and attended Loyola University School of Law

He was admitted to the bar on Dec. 2, 2008. He has no public record of discipline.

But some question whether the man who called himself Leonard Sawyer in court is the same Leonard Sawyer who has a Bar card.

When Sawyer arrived in the courthouse and introduced himself to a court reporter, the court reporter introduced him to a judge. The jurist then introduced him to the defense attorney, who suggested he sit alongside her.

Everybody was being nice. Nobody asked for any identification.

In the middle of the case, the defense attorney asked Sawyer to do some research. After he completed it, the veteran attorney said she wondered if he had gone to law school.

She said she showed his work to a prosecutor, who made the same observation.

In his report, Sawyer cited an 1857 case, when he could have listed something more recent, the attorney said.

"He just started doing weirder and weirder stuff," the attorney said. "He kept butting in on sidebar conferences and talking to everybody trying to make friends with people. I didn't think he was a real lawyer."

The defense attorney said Sawyer made court appearances for some other lawyers, resulting in some questionable decisions.

The attorney said that when someone asked to see his Bar card, Sawyer could not produce it. A brand new lawyer, the attorney said, would be carrying his Bar card as "a badge of honor."

"You sit and think, nobody asked for proof he was a lawyer," she said. "We just assumed he is."

~snipped~dailybreeze.com

--
Kind Regards,

Audio Clips from Cross Examination at recent trials: http://casehelp.com/blog/?p=149

Dr. DUI®

"Liberties are at peril. If you are not willing to fight, get out of the way!" -Captain Motion-

""The liberties of our country, the freedoms of our civil Constitution are worth defending at all hazards; it is our duty to defend them against all attacks." -Samuel Adams

Okorie Okorocha, Attorney
Nationally Board Certified Criminal Trial Lawyer

Toxicologist/Forensic DUI Alcohol and Drug Expert approved in Superior Courts
M. Sc. Forensic Science Candidate 2011

www.CaseHelp.com

okorie@ufl.edu
(310) 871-3217
(626) 792-1301
(619) 321-8811
(949) 719-2649

toll free: 800 285 1763
toll free Fax: 888 286 1840

2011-03-28T21:11:00.001-07:00

The Audio from the Bloodbath in San Diego that someone sent me is here in this email at the links below.

Check these out!!!!

Each file is at three links as the downloads are limited.

Part 1

http://mbf.cc/lB5y

or

http://mbf.cc/weXp

or

http://mbf.cc/4Hp8

Part 2

http://mbf.cc/l4zQ

or

http://mbf.cc/nK0g

or

http://mbf.cc/4y4p

Part 3

http://mbf.cc/pXP0

or

http://mbf.cc/5V7Q

or

http://mbf.cc/9tSn

Part 1

http://mbf.cc/lB5y

or

http://mbf.cc/weXp

or

http://mbf.cc/4Hp8

Part 2

http://mbf.cc/l4zQ

or

http://mbf.cc/nK0g

or

http://mbf.cc/4y4p

Part 3

http://mbf.cc/pXP0

or

http://mbf.cc/5V7Q

or

http://mbf.cc/9tSn

Okorie Okorocha

"Ready to fight to protect liberties. Just watch my back; I got the front"

Dr. DUI®

"Liberties are at peril. If you are not willing to fight, get out of the way!" -Captain Motion-

""The liberties of our country, the freedoms of our civil Constitution are worth defending at all hazards; it is our duty to defend them against all attacks." -Samuel Adams

Okorie Okorocha, Attorney
Nationally Board Certified Criminal Trial Lawyer

Toxicologist/Forensic DUI Alcohol and Drug Expert approved in Superior Courts
M. Sc. Forensic Science Candidate 2011

2011-03-28T06:48:00.001-07:00

You can rest assured that your government lawmakers are fiddle fartin'
around with minutiae such as correctional officers and cops that
smuggle messages, drugs, weapons and cell phones to inmates, but
simply: the cell phones.

http://www.presstelegram.com/opinions/ci_17694328

Article Title: A stronger law is needed to curb prison cell phones

Sent via BlackBerry from T-Mobile

--
Kind Regards,

Dr. DUI®

"Liberties are at peril. If you are not willing to fight, get out of the way!" -Captain Motion-

"Help defend liberties... Just watch my back... I got the front!"

Okorie Okorocha, Attorney
Nationally Board Certified Criminal Trial Lawyer

Toxicologist/Forensic DUI Alcohol and Drug Expert approved in Superior Courts
M. Sc. Forensic Science Candidate 2011

www.CaseHelp.com

okorie@gmail.com
(310) 871-3217
(626) 792-1301
(619) 321-8811
(949) 719-2649

toll free: 800 285 1763
toll free Fax: 888 286 1840

This is why we all MUST fight all DUI charges to the death .Help wanted — sixty-five million need not apply - Yahoo! News

2011-03-26T13:05:00.000-07:00

Help wanted — sixty-five million need not apply - Yahoo! News

This is why we all MUST fight all DUI charges to the death. "Prefiero morir de pie que vivir siempre arrodillado", which translates to "It's better to die upon your feet than to live upon your knees"

DNA Evidence, cold cases, eyewitness testimony frequently impact sex crimes in Los Angeles

2011-03-07T23:28:00.003-08:00

DNA Evidence, cold cases, eyewitness testimony frequently impact sex crimes in Los Angeles

Military Veteran charged as a sex offender for reading to school kids on Veteran's Day

2011-03-07T23:28:00.002-08:00

Military Veteran charged as a sex offender for reading to school kids on Veteran's Day

Former Health Inspector Convicted of Sexual Battery in Los Angeles

2011-03-07T23:28:00.001-08:00

Former Health Inspector Convicted of Sexual Battery in Los Angeles

School Administrator Faces Child Pornography Charges in Los Angeles

2011-03-07T23:28:00.000-08:00

School Administrator Faces Child Pornography Charges in Los Angeles

Restrictive probation requirements frequently lead to legal problems for Los Angeles sex offenders

2011-03-07T23:27:00.002-08:00

Restrictive probation requirements frequently lead to legal problems for Los Angeles sex offenders

Soldier Facing Rape of a Minor Charge in Los Angeles Escapes Custody

2011-03-07T23:27:00.001-08:00

Soldier Facing Rape of a Minor Charge in Los Angeles Escapes Custody

Former Principal and volleyball coach sentenced to 8 years in L.A. sex case

2011-03-07T23:27:00.000-08:00

Former Principal and volleyball coach sentenced to 8 years in L.A. sex case

Proposed laws target California Sex Offenders with more sanctions

2011-03-07T23:12:00.000-08:00

Proposed laws target California Sex Offenders with more sanctions

California lawyer fights courts on DUI pleas

2011-03-07T22:58:00.000-08:00

California lawyer fights courts on DUI pleas

3/7/2011 COMMENTS (0)

NEW YORK, March 7 (Reuters Legal) - An attorney in southern California is waging a legal battle against courts, prosecutors and even the state, accusing them of denying people accused of drunken driving the right to a trial.

Okorie Okorocha filed two cases in Orange County Superior Court last week saying that by refusing to honor his scheduling conflicts the court was putting pressure on his clients to plead guilty. Last September, he filed a class-action suit against the Marin County District Attorney for allegedly imposing more severe punishments on defendants who choose trials over plea deals. In March last year, he filed a similar class action against the state of California and a Los Angeles judge.

Okorocha told Reuters Legal that judges were singling him out because his refusal to encourage clients to plead guilty had resulted in a heavier caseload for the courts. Other lawyers encourage clients in driving-under-the-influence cases to plead guilty in order to "churn cases and make a fast dollar," he said.

The court denied the petition on Wednesday, the day after it was filed, in a terse ruling that gave no reason for the action. Carol Levitzky, public information officer for the Orange County Superior Court, said the court does not comment on pending cases. Okorocha said he planned to appeal.

"Defense Counsel is being harassed for taking cases to trial and not being dishonest by collecting retainers and forcing his clients to plead guilty, as is the custom and practice of the majority of lawyers that 'defend' driving under the influence cases," said one of the petitions filed last Tuesday.

Okorocha said that because the Orange County court denied his requests to postpone two DUI cases, he and his clients were required to be present in court continuously during the 10-day period when DUI cases are called to trial. "The judge told my client he needs to switch lawyers or plead guilty if I'm not there," Okorocha told Reuters Legal.

Okorocha, a member of the California Legal Team law firm, argued that the court's refusal to honor his other commitments deprived his clients of the constitutional right to trial with a counsel of their choice.

"FRUSTRATING" FOR PROSECUTION

Postponing a trial may be convenient for one party, but it can cause hardships for others, said Farrah Emami, a spokesperson for the Orange County District Attorney's Office, "It can be frustrating for the prosecution, the court and even the defendants that these cases get delayed, sometimes for an extended period of time," she said.

California DUI lawyer Lawrence Taylor, who represents clients in Los Angeles, Orange County, Riverside and San Diego, said that requiring continuous appearances during the 10-day assignment period places a significant burden on a defense attorney with multiple cases. "Having to sit around in court for 10 days is a huge hardship," he said. While uncommon, the tactic is used by some judges to coerce defense attorneys and their clients into settling, Taylor said.

He said that judges have a different attitude toward DUI cases than toward other cases, especially in Southern California, the birthplace of Mothers Against Drunk Driving. "There's a lot of political pressure to resolve these cases favorably," Taylor said. "Judges who go up for reelection do not want to have MADD say they were not tough on drunk driving."

The cases in the Orange County court's appellate division are Yousif et al v. Superior Court, County of Orange, No. 454117, and Rosenblatt v. Superior Court, County of Orange, No. 454114.

The case currently pending against the Marin District Attorney is Serotte v. Marin County District Attorney et al, U.S. District Court, Northern District of California, No. 3:10-4353.

The case against the state of California and Judge Bernie Laforteza, dismissed for plaintiff's lack of standing, was Thorne v. State of California et al, U.S. District Court, Central District of California, No. 2:10-2045.

(Reporting by Terry Baynes of Reuters Legal)

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2011-02-24T15:11:00.001-08:00

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All about urine.... I testified at trial for Allison Margolin... what is up with these judges????

2010-09-08T17:19:00.001-07:00

The DA kept asking me if I was paid and could not take NO for an answer.

Then he asked if I was an employee of her firm... Why I was there...

They had to bring me in at the last minute because they had an MD board certified in Psychiatry the judge would not allow to testify as an expert.

The judge allowed me to testify because I have HALF of a masters degree in forensic science and a degree over 10 years old in Biology??????

How does that work?

I could be the expert on impairment but the MD could not.

The jury found my like diatribe on bladder anatomy and physiology which shows the urine test results aint worth a crap VERY exciting. They had this "oohhhhhhhh" look.

Here it is:

When your bladder fills up, it creates pressure and seals off your ureters which are long tubes that go up to your kidneys that make the urine.

When the bladder cuts off the ureters because it is full, the urine builds up and collects till it fills up your ureters and collects in the kidneys also.

Now, when you pee, the bladder later relaxes and the ureters are unsealed and your bladder fills up with the urine in your ureters and kidneys.

THIS IS WHY YOU PEE AND THEN HAVE TO PEE TWO MINUTES LATER.

People always say... I just peed why again or that they broke the seal. That seal is the ureter seal and you have two.

So when is that urine from? You have no idea unless the person pees 3 times.

So impairment from urine.
Okorie Okorocha, Attorney
Nationally Board Certified Criminal Trial Lawyer

okorie@ufl.edu
(310) 871-3217
(626) 792-1301
(619) 321-8811
(949) 719-2649
(415) 368-0112

toll free: 800 285 1763
toll free Fax: 888 286 1840

It is well-nigh obvious that those who are in favor of the death
penalty have more affinities with murderers than those who oppose it.
~Remy de Gourmont

There is no such thing as justice - in or out of court. ~Clarence Darrow, 1936

Laws: We know what they are, and what they are worth! They are spider
webs for the rich and mighty, steel chains for the poor and weak,
fishing nets in the hands of the government. ~Pierre Joseph Proudhon,
quoted in The Match!

It is not a Justice System. It is just a system. ~Bob Enyart

Justice is open to everyone in the same way as the Ritz Hotel. ~Judge Sturgess

A criminal is a person with predatory instincts who has not sufficient
capital to form a corporation. ~Howard Scott

DUI Breathalyzers - DUI Breathalyzer Tests are Junk Science

2010-02-17T23:44:00.001-08:00

DUI - DWI Breathalyzer results and how to Attack DUI - DWI Results at Trial - DUI - DWI Breathalyzer

Okorie Okorocha
Written by: Okorie Okorocha Avvo Pro
Contributor Level 9
DUI - DWI Breathalyzers are based on flawed junk science.
1
DUI Breathalyzers have little scientific validity

Alcohol Breath Tests (“ABT’s”) have been in use for over 50 years without a clear understanding by the general public of the
scientifically flawed theories that they are based on. At the advent of the use of breathalyzers, or ABTs, the same flawed and invalid theories are still assumed to be true, despite ample evidence to the contrary by the world’s leading authorities such has Michael P. Hlastala, M.D., Kurt Dubowski, Ph.D., and A.W. Jones, Ph.D., among others.
2
DUI Breathalyzers do not measure air that produces a valid blood alcohol result. Air that is measured by the breathalyzer for purposes of testing is the same air that comes directly from the air that exchanges with the Alveolar sacs in the lungs. This never happens because it is biologically impossible, but this is the cornerstone of the junk science behind the breathalyzer obtaining an accurate BAC. If the air in the alveoli that exchanges with the blood is not measured, the air
being measured has nothing to do with the blood or the amount of alcohol in the blood.
3
The Lung Volume problem

The ABTs assume that this air is always measured by the breathalyzer after an individual expels 1.5 Liters of air. This is ridiculous for several reasons. For starters, lung volume varies by age, size and gender. Women who tend to be smaller have smaller lungs. A 20 year old male in perfect health who is 6 feet and four inches tall may have a lung volume of 6 Liters. A 60 year old female who is 5 feet and 2 inches tall may have a lung volume as low as 1.5 Liters. She may have even less volume if she has lung disease or other respiratory conditions that increase in frequency with the age of the population.
4
DUI Breathalyzer Airway Sample Contamination

A second flaw in the “scientific” theory behind breathalyzers is a
complete and utter disregard for the fact that the air tested has to pass through all the bronchial tubes and the airways before reaching the mouth and being expelled. The bronchial tubes and airways have a mixture of water and mucus on their walls. Therefore, when one drinks alcohol and expels alcohol through their breath, alcohol is deposited on the walls of their airways. When you blow into the breathalyzer, the Law Enforcement Officer has you take a deep breath which forces all the alcohol on the walls of your bronchial tubes and airways out
with your breath sample being tested. This adds alcohol to your sample giving you a higher and inaccurate BAC result which is drastic, and can be used to convict an innocent person.
5
The Cigar Smoker Example

Furthermore, the bronchial tubes and airways have blood vessels. So, just as when a cigar smoker feels the nicotine absorbed even though he does not inhale because of the blood vessels and gas exchange therewith, a person taking a breathalyzer expels air that exchanges with the blood in the bronchial tubes and airways and can alter the blood alcohol level and create evidence of guilt in an innocent person.
6
Partition Ratio causes inaccuracies in Breathalyzer Results

The partition ratio is the distribution of equal amounts of alcohol
between blood and air, and is dependent upon temperature, and is known as the BAC divided by the “blood-breath” ratio between BAC and BrAC. This ratio has been standardized with an average of 2,100. However, a variability of up to 40% demonstrated valid concern where those ABT readings are close to the legal limit and can determine whether an arrest and conviction may be valid or not.
7
The current scientific data available displays the flaws in the Junk Science of Breathalyzers

Newer data over the past 30 years indicates that the previously
accepted model for alcohol exchange has inconsistencies with the idea that that BrAC is equivalent to alveolar concentration.

--
Kind Regards,

Okorie "Dr. DUI" Okorocha, Attorney
Nationally Board Certified Criminal Trial Lawyer
*By the only National Board recognized by the State Bar of California
Named to SuperLawyers 2010
Named Top DUI Lawyer for 2009

Please let me know if I can answer a question, provide a sample
pleading or be of assistance in any way.

toll free: 800 285 1763
toll free Fax: 888 286 1840

Always carry your license

2010-01-16T22:31:00.001-08:00

I have attached a transcript of how nasty things get with the police officer in Court. The police always botch the procedures, so they are very careful with folks who know what they are doing or they will get embarrassed.

Too many people plead guilty to DUIs for no reason. Never hire a lawyer to plead you guilty. It is like hiring Jack Kevorkian, M.D. to kill you, just do it yourself and save your family some money. A lot of DUI lawyer are thieves, at least 90%

Here are the facts I gathered regarding our earlier discussion.

I have heard that they cannot detain you for purposes of ascertaining your ID, but I have no idea of the source.

Keep in mind, that I do not know if it is a crime, but I did check after my encounter and the DMV DOES SAY YOU MUST HAVE IT:

License in Your Possession

You must always have your driver license with you when you drive. Show it to any police officer who asks to see it. If you are in an accident, you must show it to the other driver(s) involved. (More information about accident involvement).

http://www.dmv.ca.gov/pubs/hdbk/misc_lic_info.htm#carrylicense

The police officer told me this as well.

My partner who is an expert at this stuff told me the exact same thing and said it was a $300 fine. I have no personal knowledge.

--
Kind Regards,

Okorie "Dr. DUI" Okorocha, Attorney
www.DrDUI90210.com
Nationally Board Certified Criminal Trial Lawyer
*By the only National Board recognized by the State Bar of California

"Don't test me, I got luck, I work hard and God has blessed me" Dwight Myers

California Legal Team
117 E. Colorado Blvd, Suite 465
Pasadena, Ca 91105
tel: 626 792 1301
fax: 626 340 4141

California Legal Team
5020 Campus Drive
Newport Beach, CA 92660
tel: 949 719 2649

toll free: 800 285 1763
toll free Fax: 888 286 1840

Drager 7410 Plus Breath testing device used in Riverside, Santa Barbara and other Counties

2010-01-16T20:21:00.001-08:00

We cleared customs (meaning the machine and I).

I almost feel like I have put everything you can possibly get at a Drug store or food store in that thing and here are some ideas.

You can use the Soy Sauce packets from Jack-in-the-Box (Donald Drewery has spoken about soy sauce)

Some toothpastes, specifically Crest has scope in them and set off the machine.

The Asthma Medication HFA Pro Air inhaler contains alcohol and gives very high readings.

-----
Kind Regards,

Okorie Okorocha, Esq
Nationally Board Certified Criminal Trial Lawyer
*By the only National Criminal Trial Law Board recognized by the State Bar of California

Pasadena
Phone (626) 792-1301

Newport Beach
(949) 719-2649

The Pascher Firm:, Santa Barbara City and Santa Barbara County DUI Attorneys Phone: (800) 285-1763

2010-01-09T10:26:00.000-08:00

The Pascher Firm’s lawyers represent those accused of Drunk Driving or DUI in Santa Barbara. Be personally represented by Nationally Board Certified Criminal Trial Lawyer, Okorie Okorocha

If you need more information, visit www.CPRSLAW.com DUI Expert Okorie Okorocha's biography at http://www.cprslaw.com/Legal_blog.aspz

Toll Free: (800) 285-1763
Local: (805) 87 NO DUI

Santa Barbara DUI Lawyer Okorie "DR. DUI" Okorocha named Top DUI Lawyer

Okorie “Dr. DUI” Okorocha
Okorie Okorocha / Okorie Okorocha

(PRLEAP.COM) Santa Barbara Expert DUI Trial Attorney and Scientist Okorie "Dr. DUI" Okorocha has been named Top DUI Lawyer for 2009 by Pasadena Magazine.

Pasadena Magazine reached out to thousands of attorneys to name the top attorneys in the San Gabriel Valley and beyond. Attorneys voted through online balloting website and selected the attorneys they felt to be best in their chosen field.

Pasadena Magazine sent sample ballots to the attorney community announcing the Top Attorneys voting process and their secure voting website.

During the last year, Santa Barbara DUI Defense Attorney Okorie "Dr. DUI" Okorocha has obtained not-guilty verdicts in cases from Driving under the Influence (DUI) to homicide.

His successes include preventing convictions in DUI cases other attorney would deem impossible in which his clients gave full confessions and their blood alcohol tested well above the legal limit.

Santa Barbara DUI Lawyer Okorie "Dr. DUI" Okorocha is chosen by Judges and/or other bench officers to represent them personally, as well as their family members and friends.

Okorie "Dr. DUI" Okorocha can be reached by email at Okorie@187law.com; By phone at (805) 87 NO DUI or by web at www.CPRSLaw.com/Legal_blog.aspx

Dr. DUI, Okorie Okorocha, who is Nationally Board Certified in Criminal Trial Law has also had great successes changing the law and policies in various Counties in animal rights law protecting pets in shelters.

2010-01-09T07:50:00.001-08:00

Dr. DUI, Okorie Okorocha, who is Nationally Board Certified in Criminal Trial Law has also had great successes changing the law and policies in various Counties in animal rights law protecting pets in shelters.

Read all about it:

www.HaydenAct.com

Or

http://en.wikipedia.org/wiki/Hayden_Act#cite_note-6

California Jury Issues $992,650 Verdict In Case Where Employee Alleged He Was Verbally Abused

2010-01-06T14:22:00.000-08:00

2008 Mealey’s CA Jury Verdicts & Settlements 123

HEADLINE: California Jury Issues $992,650 Verdict In Case Where Employee Alleged He Was Verbally Abused

Case Name: Gurpreet Singh v. Southland Stone U.S.A. Inc., et al.

Case Number: BC350196

Court: Calif. Super., Los Angeles Co.

Judge: Mary Thornton

Verdict/Settlement (breakdown): $992,650 plaintiff verdict ($253,750 for the intentional infliction of emotional distress claim, $337,100 for the intentional misrepresentation claim, $45,000 for breach of implied covenant of good faith and fair dealing, $6,800 for nonpayment of wages and $350,000 in punitive damages)

Plaintiff(s): Gurpreet Singh

Defendant(s): Southland Stone U.S.A. Inc.

Date: April 16, 2008

Claim: Breach of written contract, breach of the covenant of good faith and fair dealing, promissory fraud, wrongful termination, intentional infliction of emotional distress and promissory estoppel

Defense: Singh voluntarily resigned from the position; Singh was employed under an “at-will’ agreement; there was ample cause shown by Singh’s lack of performance and violations of company policies.

Background: Gurpreet Singh worked for Southland Stone U.S.A. Inc. as a general manager.Singh said that before he was hired, he was a resident of New Delhi, India, and worked for a different company. Singh said he was approached by a Southland representative, who solicited him to join Southland. Singh said the representative promised that Southland would sponsor his and his family’s immigration to the United States, would pay an annual salary of $120,000 and would provide health benefits and paid vacation time.However, Singh said, once he began to work for Southland, he was verbally abused. He said that four months after he began to work for the company, he received a 50 percent pay cut. Singh said he was not provided with any explanation for the pay cut. As a result of the sudden and unexpected pay cut, Singh said he had to move his wife and children back to India.Singh said that based on increasingly hostile circumstances that included verbal abuse, he was forced to resign.Singh filed an amended complaint against Southland on April 25, 2007, in the Los Angeles Superior Court.

Other: The case went to a jury trial on Jan. 30, 2008, before Judge Mary Thornton.The jury found that Southland was exercising its legal rights but that its conduct was not lawful and consistent with community standards. The jury also found that Southland’s conduct was outrageous and that it knowingly acted with disregard of the probability that Singh would suffer from emotional distress. The jury further found that Singh suffered from severe emotional distress and that Southland’s conduct was a substantial factor in causing the emotional distress.Additionally, the jury found that Southland knowingly made false representations of an important fact to Singh and that it intended Singh to rely on the misrepresentation. The jury also found that Singh’s reliance was a substantial factor on causing him harm.The jury also found in favor of Singh on the concealment claim. However, the jury found that Singh was not entitled to damages for this claim. The jury found in favor of Singh on the breach of implied covenant of good faith and fair dealing claim.

Plaintiff Attorneys: Okorie Okorocha and Krishna R. Malhotra, Malhotra & Malhotra, Los Angeles

Defense Attorneys: Hitendra Bhakta, Law Offices of Norman A. Filer, Orange, Calif.

Okorie "Dr. DUI" Okorocha gets three murder counts dismissed.

2010-01-05T17:12:00.001-08:00

Okorie "Dr. DUI" Okorocha gets three murder counts dismissed.

The case was dismissed after Okorocha conducted the preliminary hearing.

Okorie "Dr. DUI" Okorocha gets 3 homicide counts dismissed today in Long Beach Court

2010-01-05T00:34:00.000-08:00

This is even though the client confessed

New Criminal Laws for California 2010

2009-12-31T12:56:00.001-08:00

New Laws for 2010

For criminal law practitioners. California Criminal–law Statutes, Rules of Court, and Official Forms

Compiled and edited, with comments, by

Garrick Byers Statute Decoder

Senior Defense Attorney, Fresno County Public Defenders Office Member, Legislative Committee Calif. Public Defenders Assoc. gbyers@co.fresno.ca.us

December 31, 2009

Table of Contents

HIGHLIGHTS AND LOWLIGHTS...................................................... 8

INCREASED VALUE–THRESHOLDS BEFORE CERTAIN THEFTS, OR RELATED OFFENSES, CAN BE CHARGED AS FELONIES ... 10

Chart: Increase in Dollar Amounts to Be a Felony .......................................... 11

SENTENCE REDUCTION CREDITS [TIME CREDITS] .................. 13

County Jail............................................................................................................ 13

State Prison........................................................................................................... 14

PAROLE: ........................................................................................ 15

Restriction on Return to Prison for Violations ................................................. 15

The New “Parole Reentry Accountability Program”....................................... 17

2 New Laws for 2010

PROBATION................................................................................... 19

Transfer of Supervision and the Case to County of Residence: Previously Optional, Now Often Mandatory........................................................................ 19

The New California Community Corrections Performance Incentives ......... 20

DEFERRED ENTRY OF JUDGMENT REENTRY PROGRAM........ 21

CRIMINAL PROCEDURE ............................................................... 24

Release on Citation No Longer Permitted for Certain Misdemeanors; Booking At the Scene........................................................................................... 24

Search Warrants: Firearms................................................................................ 25

General Time Waiver Revocation Can Now Only Be Done “in Open Court.” ................................................................................................................................ 26

When the Defendant Places Mental State in Issue, a Prosecution Exam Can Now be Ordered ................................................................................................... 27

Conditional Exams Now Permitted in Certain Domestic Violence Cases When There is Witness Dissuasion................................................................................ 28

3 New Laws for 2010

LOCAL FEES IN CRIMINAL CASES............................................... 28

CRIMES AND PUNISHMENTS....................................................... 30

Boating and Vessels: Clarified, and Some Increased, Penalties (Not Alcohol or Drug Related) ....................................................................................................... 30

“Composite Knuckles” Replaces Plastic Knuckles........................................... 30

Cow Tail Docking................................................................................................. 31

Controlled Substances: Nitrous Oxide Sale....................................................... 31

Driving Under the Influence of Alcohol or Drugs: Ignition Interlock Devices, and Driver’s License Consequences................................................................... 32

Electronic and Digital–Age Crimes.................................................................... 33 Prohibition of Publication of Certain Information About Persons in the Witness Protection Program. ........................................................................................... 33 Prohibition of Publication of Certain Personal Information of Public Officials. ............................................................................................................................ 34 Computer Hacking: Financial Institutions............ ............................................. 35

Gangs: Registrants Loitering On or Near School Grounds............................. 35

Hate Crimes: Nooses............................................................................................ 36

4 New Laws for 2010

Human Trafficking: Abduction or Fraudulent Inducement For Prostitution; Minors ................................................................................................................... 36

Mortgage Fraud ................................................................................................... 37

Sports Betting Pools: Partial Reduction in Penalty.......................................... 37

Weapons on School Grounds : Added Prohibited Items.................................. 38

FORFEITURE AND PROPERTY DISPOSITION............................. 38

Dog Fighting ......................................................................................................... 38

Counterfeit Goods: Donating to Charity........................................................... 39

RESTITUTION ................................................................................ 39

Enhanced Collection from Prisoners ................................................................. 39

Tax Refund Withholding To Collect Restitution Fines.................................... 40

Vandalism ............................................................................................................. 40

COLLATERAL CONSEQUENCES: BACKGROUND CHECKS...... 41

5 New Laws for 2010

JUVENILE DELINQUENCY ............................................................ 41

Re–entry Services For Those “Aged–out” or Timed–out from DJJ............... 41

A New Interstate Compact for juveniles............................................................ 42

EVIDENCE CODE: ONLY TECHNICAL, OR VERY MINOR, CHANGES. ..................................................................................... 43

Technical, Nonsubstantive, or Minor Changes to Sections 795, 1010, 1118, and 1294. ............................................................................................................... 43

Lawyer–Client Privilege: These Changes Only Effect Decedent’s Estates.... 43

RULES OF COURT......................................................................... 44

Juvenile Appellate Rules. .................................................................................... 44

Online Membership Account, Including Email, With State Bar: Required.. 45

JUDICIAL COUNCIL FORMS ......................................................... 46

6 New Laws for 2010

SUPREME COURT FILING RESTRICTIONS................................. 46

LOCAL ORDINANCES ON DRUG ABATEMENT PERMITTED...... 47

DAMAGE CLAIMS FOR ERRONEOUS CONVICTION................... 47

7 New Laws for 2010

Highlights and Lowlights

For the first time in at least a decade, the new laws that one might consider detrimental to defendants are outweighed by those that one might consider beneficial. This is largely due to three major sets of amendments enacted at the 2009 Third Extraordinary Session of the Legislature, all in SBx3 18 (Ducheney), Stats. 2009, 3rd Ex. Sess., Ch. 28. These three new laws are effective Jan. 25, 2010. 1. The dollar amount or value for determining if certain thefts, or certain other property crimes, are, or can be, punishable as felonies or not (or if the person is liable for other increased punishment) is increased. For example, receiving stolen property formerly could be charged as a felony if the property’s value was over $400; now the value must be over $950. See “Increased Value–Thresholds Before Certain Thefts, or Related Offenses, Can Be Charged As Felonies” 2. Sentence reduction credits (“time credits”) are increased for most inmates of prisons and of county jails! See “Sentence Reduction Credits” 3. Low risk, less serious offenders can no longer be sent back to prison for parole violations. See “Parole” NOTE: These changes are not shown in the newly issued West’s California Penal and Evid ence Codes 2010 Desktop Edition. (I hope that West will issue a Supplementary Pamphlet.) These changes are shown on Westlaw, and in the newly issued Lexis–Nexis Standard California Codes Penal Code 2010 Edition.

A new Deferred Entry of Judgment Reentry Program (see the entry in that name) for “first time nonviolent drug offenders” can be establishment by the local court, but state funds cannot be sought. The legislature continued to enact few new crimes and punishments, because of the expense. Misdemeanor penalties for Internet publication of protected witness information expands Internet crime past crimes against children and theft–related offenses. Public officials’ contact information can also be protected. See “Electronic and Digital–Age Crimes.” 8 New Laws for 2010

The Legislature continues to increase the types of jobs for which criminal background checks are required. This time it’s custodians of records of agencies that receive DOJ criminal background checks. See: Collateral Consequences: Background Checks Search Warrants can now be issued for firearms of persons arrested for domestic violence involving threats or assaults, of persons detained for mental examinations, and of persons subject to certain restraining or protective orders. See: Search Warrants.

Avoid Late Filing: • Pre–trial motions must now be filed 10 court days. Response–time is also increased to 5 court days. Amended Calif. Rule of Court 4.111. See “Rules of Court.” • Supreme Court filings can no longer be done at any Court of Appeal.. The Los Angeles Clerk’s Office of the Supreme Court of California is closed.. All “petitions for review, writs, and legal briefs” must be filed the court’s San Francisco Office. See “Supreme Court Filing Restrictions”

Online Membership Account, Including Email, With State Bar: Required. New Rule of Court 9.7 is effective Feb. 1, 2010. See “Rules of Court.”

Abbreviations:

SB = Senate Bill, 2009 – 2010 regular session SBx3 = Senate Bill, 2009 3rd extraordinary session AB = Assembly Bill, 2009 – 2010 regular session Stats. 2009 = Statutes and Amendments to the Codes, 2009 Stats. 2009 3x = Stats. 2009, 3rd Extraordinary Session Ch = Chapter number (assigned by the Sec. of State)

All Statutes, Rules, and Forms are effective January 1, 2010, unless noted. The laws enacted or amended by SBx3 18 are operative January 25, 2010. Many of the criminal law bills that could not be included here are found in the Assembly Committee on Public Safety’s” 2009 Bill Summary.” 9 New Laws for 2010

Increased Value–Thresholds Before Certain Thefts, or Related Offenses, Can Be Charged As Felonies Enacted by SBx3 18 (Ducheney); Stats. 2009, 3x Ch. 28. Statutes affected: listed in the chart, below. Operative January 25, 2010. This value increase may be found by the courts to be retroactive for clients whose conviction is not yet final on appeal. See, e.g., People v. Nasalga (1996) 12 Cal.4th 784 (applying an increase in the loss–amount required for an enhancement retroactively to those whose convictions were not final when the increase became effective). See the note in Highlights and Lowlights, above. These changes are not shown in West’s Penal and Evidence Codes 2010 Desktop Edition. The Legislative Counsel’s Digest summarized this portion of the Bill as follows:

“Existing law establishes certain values for determining if theft or certain other property crimes are punishable as felonies or not. Existing law provides that for many of these crimes, the threshold is $400, while the thresholds for certain other crimes are $100, $200, and $1,000, as specified. “This bill would increase certain of those thresholds, for example, by increasing certain $400 thresholds to $950.”

There is no increase for most thefts, under Pen. C. § 487, subd. (a), such as theft of currency or jewelry. But for receiving stolen property (Pen. C. §496, increased from $400 to $950), non–sufficient funds checks (Pen. C. §476a, increased from $200 to 400), and for over 30 other types of theft and property crimes, the amounts are increased.

10 New Laws for 201 0

Chart: Increase in Dollar Amounts to Be a Felony See the NOTE in Highlights and Lowlights, above. These changes are not shown in West’s Penal and Evidence Codes 2010 Desktop Edition.

Code and Section Old $ Amount New $ Amount

Other Codes Bus.& Prof § 14491 Bus & Prof. § 17550.19 (amt for all persons) Bus & Prof. § 17550.19 (amt for any person) Bus & Prof § 21653 Financial § 5305 Military and Veterans § 421 Public Resources § 14591, subd. (b)

400 1,000 400 400 100 400 ..400

Pub. Res. § 41955 (misd; if below, can be infrc.) 400

Vehicle § 10851.5 Welf. & Inst. § 10980 Welf. & Inst § 15656 400 400 400

950 2,350 950 950 250 950 950 950 950 950 950

Penal Code § 154 § 155 § 337.4 (amount to also violate Sec. 487) 11

100 100 400 250 250 950

New Laws for 2010

§ 368, subds. (d) and (e) § 422.7 (amount needed for violation) § 476a § 484b § 484g § 484h 400 $400 200 1,000 400 400

§ 487, subd. (a) [general, e.g., theft of currency] 400 [unchanged]

§ 487, subds. (b)(1) & (b)(2) § 487, subd. (b)(3) § 487b § 487c § 487e and § 487f § 487h (SB 607; Stats. ’09 Ch. 24; Eff. 1/1/10) § 496 § 498 § 500 § 502, subd. (c)(3), generally, subd. (d) § 502, subd. (c)(3), by employee, subd. (h)(2) § 537 § 537e § 550 100 400 100 100 400 400 400 400 400 400 100 400 400 400

950 950 450 2,350 950 950 400 250 950 250 250 950 950 950 950 950 950 250 950 950 950

12 New Laws for 2010

§ 551 § 565 § 566 § 592 § 594.4 (value determines max. amt of fine) § 641.3 (amount. needed for Sec. to apply) § 4600 400 400 400 400 400 100 400 950 950 950 950 950 250 950

Sentence Reduction Credits [Time Credits]

See the NOTE in Highlights and Lowlights, above. These changes are not shown in West’s Penal and Evidence Codes 2010 Desktop Edition.

County Jail Enacted by SBx3 18; Stats. 2009, 3 Ex, Ch. 28 Statute effected: Pen. C. § 4019. Operative January 25, 2010. These reduction–increases may be found by the courts to be retroactive. See In re Kapperman (1974) 11 Cal.3d 542 (holding newly enacted Pen. C. § 2900.5, awarding presentence custody credits, retroactive to those incarcerated or on parole regardless of date of commitment). See the NOTE in Highlights and Lowlights, above. These changes are not shown in West’s Penal and Evidence Codes 2010 Desktop Edition. The time credits for most, but certainly not all, county jail inmates are increased. 13 New Laws for 2010

Formerly, for every four days served in county jail, most inmates were deemed to have served six. Now, for every two days served, most inmates are deemed to have served four. This is an increase, for every 4 days served, from 6 days deemed, up to 8 days. Excepted from this increase in reduction–credits are (1) those convict

Santa Barbara Holiday DUI Crackdown

2009-12-31T02:40:00.001-08:00

Holiday DUI Crackdown

Enforcement to Continue Through the Weekend, Authorities Say
Wednesday, December 30, 2009

Local authorities are sending out a holiday message that should be
loud and clear: If you drink, don’t drive.

Since authorities began cracking down on DUI arrests on December 18,
officers have arrested 118 people for allegedly driving under the
influence in Santa Barbara County, and officials warn that they will
be swarming the roads to keep people safe this New Year’s weekend.

http://www.independent.com/news/2009/dec/30/holiday-dui-crackdown/

http://www.cprslaw.com/Dr_DUI_Facts_Dr_DUI_on_DUI_Statistics.aspx

--
Kind Regards,

Okorie Okorocha, Attorney
Nationally Board Certified Criminal Trial Lawyer
*By the only National Board recognized by the State Bar of California

toll free: 800 285 1763
toll free Fax: 888 286 1840

No DUI Facts, Just Propaganda

2009-12-31T02:22:00.001-08:00

The Real Question is: What is you are clean and sober for 20 years?
Still no license?

Bill would allow driver's licenses of 3-time DUI offenders to be
permanently revoked

By Mike Rosenberg
San Mateo County Times

Condemning a legal system that allowed two Peninsula residents to rack up nine DUIs each, a Bay Area legislator today will announce a bill that would give California judges the power to permanently revoke licenses of drunken drivers after three convictions.

The bill, to be unveiled at a news conference in South San Francisco and introduced Monday by Assemblyman Jerry Hill, D-San Mateo, is designed to make it harder for repeat drunken drivers to get back behind the wheel legally. Critics of the bill say it will lead to more unlicensed accidents.

http://www.cprslaw.com/Dr_DUI_Facts_Dr_DUI_on_DUI_Statistics.aspx

Sex is more dangerous than drunk driving!!!!!!! Proof: http://www.cprslaw.com/Dr_DUI_Facts_Dr_DUI_on_DUI_Statistics.aspx

2009-12-29T17:54:00.001-08:00

Sex is more dangerous than drunk driving!!!!!!! Proof: http://www.cprslaw.com/Dr_DUI_Facts_Dr_DUI_on_DUI_Statistics.aspx

DUI Checkpoints

2009-12-26T16:30:00.001-08:00

Sobriety Checkpoints

Saturday, December 26
Checkpoint – Avoid the 100 Multi-Jurisdictional (Glendale, Pasadena, South Pasadena, San Marino, San Fernando, Burbank)
Checkpoint – Baldwin Park
Checkpoint – El Monte
Checkpoint – Palmdale
Checkpoint – LAPD Harbor area
Checkpoint – LAPD Southwest area
DUI Patrol – Azusa
DUI Patrol – El Monte
DUI Patrol – Lancaster
DUI Patrol – Pomona
DUI Patrol – CHP – Altadena
DUI Patrol – CHP – Antelope Valley
DUI Patrol – LAPD Central Traffic Division
DUI Patrol – LAPD South Traffic Division
DUI Patrol – LAPD Valley Traffic Division
DUI Patrol – LAPD West Traffic Division
Sunday, December 27
DUI Patrol – Avoid the 100 Multi-Jurisdictional (El Segundo, Gardena, Hawthorne, Hermosa Beach, Inglewood, Lennox, Manhattan Beach, Palos Verdes, Redondo Beach, South Gate, Torrance)
DUI Patrol – Huntington Park
DUI Patrol – LASD-Lennox
Monday, December 28
Checkpoint – El Monte
DUI Patrol – Avoid the 100 Multi-Jurisdictional (El Segundo, Gardena, Hawthorne, Hermosa Beach, Inglewood, Lennox, Manhattan Beach, Palos Verdes, Redondo Beach, South Gate, Torrance)
DUI Patrol – Huntington Park
DUI Patrol – Signal Hill
DUI Patrol – LASD-Lennox
Tuesday, December 29
DUI Patrol – Avoid the 100 Multi-Jurisdictional (El Segundo, Gardena, Hawthorne, Hermosa Beach, Inglewood, Lennox, Manhattan Beach, Palos Verdes, Redondo Beach, South Gate, Torrance)
DUI Patrol – CHP – Antelope Valley
DUI Patrol – Huntington Park
DUI Patrol – Signal Hill
DUI Patrol – LASD-Lennox
Avoid the 100 DUI Campaign – Los Angeles County
December 16, 2009
Page 6
Wednesday, December 30
Checkpoint – Avoid the 100 East – Multi jurisdictional (Baldwin Park, Baldwin Park School Police, Irwindale, Arcadia, Monrovia, El Monte, Sierra Madre)
Checkpoint – CHP – Santa Fe Springs
DUI Patrol – Avoid the 100 West – Multi-Jurisdictional (El Segundo, Gardena, Hawthorne, Hermosa Beach, Inglewood, Lennox, Manhattan Beach, Palos Verdes, Redondo Beach, South Gate, Torrance)
DUI Patrol – CHP – Antelope Valley
DUI Patrol – Huntington Park
DUI Patrol – Signal Hill

Reasonable suspicion

2009-12-26T12:31:00.001-08:00

Police need reasonable suspicion to detain. Here, Officer Padilla was talking to a gang member when he saw Tirrez walking away, half-way down the block. Tirrez wore a San Francisco Giants jacket (which some gang members wear), talked on his cell phone, and had his other hand in his pocket. As Tirrez walked, he glanced back at the officer. Was there reasonable suspicion that Tirrez was involved in a crime?

--
Kind Regards,

Okorie Okorocha, Attorney
Nationally Board Certified Criminal Trial Lawyer
*By the only National Board recognized by the State Bar of California

"Don't test me, I got luck, I work hard and God has blessed me" Dwight
Myers

"Your Honor, Ray Charles and Stevie can see that this man is a liar" Okorie
Okorocha

California Legal Team
117 E. Colorado Blvd, Suite 465
Pasadena, Ca 91105
tel: 626 792 1301
fax: 626 340 4141

California Legal Team
5020 Campus Drive
Newport Beach, CA 92660
tel: 949 719 2649

toll free: 800 285 1763
toll free Fax: 888 286 1840

Pat down searches

2009-12-26T12:17:00.001-08:00

A pat search is justified if an officer has the reasonable belief, based on articulable facts, that a person is armed and dangerous. Here, Tirrez was in the Mission District, an area known for gang activity, with one hand in his jacket pocket. The officer thought Tirrez’s hand was pushing the jacket pocket forward. On these facts, could the officer reasonably believe that Tirrez was armed and dangerous?
--
Kind Regards,
Okorie Okorocha, Attorney
Nationally Board Certified Criminal Trial Lawyer
*By the only National Board recognized by the State Bar of California
"Don't test me, I got luck, I work hard and God has blessed me" Dwight Myers
"Your Honor, Ray Charles and Stevie can see that this man is a liar" Okorie Okorocha
California Legal Team
117 E. Colorado Blvd, Suite 465
Pasadena, Ca 91105
tel: 626 792 1301
fax: 626 340 4141
California Legal Team
5020 Campus Drive
Newport Beach, CA 92660
tel: 949 719 2649
toll free: 800 285 1763
toll free Fax: 888 286 1840

Right to set aside judgments

2009-12-26T12:13:00.001-08:00

“Unquestionably, a reviewing court has the statutory authority to set aside the judgment and order a new trial when the transcript notes have been lost or destroyed.” (Pen.Code, § 1181, subd. (9); People v. Jones (1981) 125 Cal.App.3d 298, 301, 178 Cal.Rptr. 44.) “ ‘ “The test is whether in light of all the circumstances it appears that the lost portion is ‘substantial’ in that it affects the ability of the reviewing court to conduct a meaningful review and the ability of the defendant to properly perfect his appeal.” ' [Citations.]” (People v.Pinholster (1992) 1 Cal.4th 865, 921, 4 Cal.Rptr.2d 765, 824 P.2d 571.)
(People v. Cervantes (2007) 58 Cal.Rptr.3d 861, 863, 2007 WL 1429433, (Cal.App. 2 Dist./Div. 6; May 7, 2007)
--
Kind Regards,
Okorie Okorocha, Attorney
Nationally Board Certified Criminal Trial Lawyer
*By the only National Board recognized by the State Bar of California
"Don't test me, I got luck, I work hard and God has blessed me" Dwight Myers
"Your Honor, Ray Charles and Stevie can see that this man is a liar" Okorie Okorocha
California Legal Team
117 E. Colorado Blvd, Suite 465
Pasadena, Ca 91105
tel: 626 792 1301
fax: 626 340 4141
California Legal Team
5020 Campus Drive
Newport Beach, CA 92660
tel: 949 719 2649
toll free: 800 285 1763
toll free Fax: 888 286 1840

Juvenile

2009-12-26T04:42:00.001-08:00

for a
blessing for the baby.
Taufa entered the apartment. The baby was naked and in a bath on the kitchen counter (RT 12). Alexander was pale and limp. He was still, almost lifeless (RT 13). His eyes were closed and his breathing was labored (RT
was in a bouncy seat i the living room. He was fully clothed. He was still pale, with eyes closed, and labored breathing (RT 20). All the elders put their hands on the baby to

DUI search search and seizure

2009-12-26T04:29:00.001-08:00

A. If the citing officer fails to testify that he/she was in a marked Patrol vehicle and in full uniform at the time he/she issued the citation to the defendant then she objects and requests the dismissal of this action pursuant to Vehicle Code section 40800.

Prosecution using evidnce without fo7ndarion

2009-12-26T04:08:00.001-08:00

TO INTRODUCING ANY
CHEMICAL TEST INTO EVIDENCE. *
Prior to admission of the results of any chemical test taken by the Defendant, the prosecution must establish the chemical test procedures us on the Defendant either comply with Title 17 or were properly administered

Penal Code 995

2009-12-26T03:51:00.001-08:00

Standard of Review: The court must set aside counts not supported by sufficient evidence*.

Police destroying evidence

2009-12-26T03:42:00.001-08:00

The Defendant’s position is very simple: There appears to be growing, dramatic evidence that the Police Department has routinely and deliberately ignored it’s legal obligation to give those arrested for suspicion of drunk driving the statutory advice and warnings prescribed by V.C. *§23614.

This policy amounts to a Due Process violation of the U.S. Constitution, and a systematic “nonadvisement”
explicitly proscribed in *In Re Garinger*, (1987) 188 Cal. App. 3d 1149, at 1154 -1155.

Weaving as a reason for a DUI stop

2009-12-26T03:35:00.001-08:00

ARGUMENT
It is clear, even accepting the facts related in the police report, that the police effectuated a seizure of the defendant and a subsequent search, based upon supposition only, without probable cause or objectively reasonable suspicion.
Article 14 of the Massachusetts Constitution, provides broader protection against seizures than does the Fourth Amendment of the U.S. Constitution. Compare *Commonwealth v. Soute, * 422 Mass. 782, 665 N.E.2d 93 (1996) and *California v. Hadari D., * 499 U.S. 621 (1991). Under Massachusetts law a seizure occurs when pursuit begins. “Pursuit that appears designed to effect a stop is no less intrusive than a stop itself.”
*Commonwealth v. Stoute,* 422 Mass. at 788, 789, quoting from *Commonwealth v. Thibeau, *384 Mass. 762 at 764 (1981).
There is no bright line definition of when the pursuit or seizure begins, and not every police/civilian encounter constitutes an intrusion requiring justification to satisfy constitutional requirements. However, Massachusetts Courts have followed an analysis that provides that a person
is seized if a reasonable person would have believed, in view of all the circumstances, that he or she was not free to leave. * Commonwealth v. Borges,* 395 Mass. 788 (1985). This standard was reaffirmed recently in *Commonwealth v. Stoute,* supra, where the Supreme Judicial Court rejected the opportunity
to align Article 14 protection with the U.S. Supreme Court’s Fourth Amendment determination that pursuit does not trigger the exclusion of evidence obtained before the officer actually lays hand on the defendant.
The court found that Tarvin "doesn't weave out of a lane, he's within a lane. Driving a car, in and of itself, has to be -- I mean, is a controlled weaving. . . ." The record contains evidence that Tarvin either drove on or over the right-hand white line. There is no evidence that he ever drove into another lane of traffic or did more than go "a little bit worse than over" the white line. When asked whether Tarvin's tires ever actually crossed entirely over the white line, Hill stated that on two occasions it was "a
little bit worse than over," but stated that he couldn't give an exact measurement. The terms "cross " and "over" were never clarified, but it is clear that the dispute regarded the white line.

Los Angeles had 71 DUI arrests yesterday alone

2009-12-25T19:38:00.001-08:00

Los Angeles had 71 DUI arrests yesterday alone. The cops are out in force.

There are so many Orange County DUI checkpoints all over Orange County that I can't start to post them all. Be careful out there. Newport Beach and Huntington Beach are trouble spots

2009-12-25T03:28:00.001-08:00

There are so many Orange County DUI checkpoints all over Orange County that I can't start to post them all. Be careful out there. Newport Beach and Huntington Beach are trouble spots

Clarence Thomas is an idiot

2006-10-01T19:12:00.000-07:00

Here is a guy who was put on the U.S. Supreme Court for purposes of diversity, to wit, they needed a Black man to replace the retiring Thurgood Marshall who was Black. It was not based on his skill and certainly not his intelligence.

Yet, this moron opposes any program with the goal of achieving diversity.

Houston, we have a problem

2006-09-26T13:05:00.000-07:00

On Saturday March 4, 2006, at 2:30 a.m., my client, 22 year old Samuell
(he pronounces it "Sam-Well" Houston was pulled over by the California
Highway Patrol on the 210 Freeway just outside of Pasadena, California,
for swerving.

The officer approached the car and asked Houston for his driver's
license and registration and inquired as to whether Houston had been
drinking. Houston indicated that he had not, however, the officer told
him that said he believed he had because... fill in the blank with the
standard police nonsense you see in every report... bloodshot eyes,
unsteady gait, odor of alcohol... and told him to put out the cigarette he
was smoking and asked him to take roadside tests.

Houston refused to take the tests because he has bad knees. He also
refused to take any of the chemical tests to determine his blood
alcohol level which will usually lead to automatic license suspension
in California.
At trial, the first panel of 18 potential jurors, looked very
conservative, which was not a good sign. I asked the potential jurors
"how many of you think that the fifth amendment is really just a
loophole criminals use to get out of committing crimes?" All 18 raised
their hands.

I then asked, "how many of you think that 'beyond a reasonable doubt' is
just a loop hole that defense attorneys use to get out of crimes?" All
18 jurors again raised their hands.

I turned to my client and said "Houston, we have a problem."

When we were done with jury selection, I was still stuck with a jury
that believed that if you do not testify, you are guilty. Our only
chance was to put Houston on the stand.

While on the stand, Houston testified that on the night in question, he
was not intoxicated, had not even been drinking, and the smell of
alcohol alleged by the officer was from a Halls cough drop.

He further testified that he was swerving, but it was because he dropped
his lit cigarette in the car while driving and was trying to retrieve
it.

During cross-examination, the prosecutor asks "so are you a heavy
smoker?"

Houston responded by saying "no, I only smoke when I drink."

Barry Bonds' Record Should be Stricken

2006-09-24T12:11:00.000-07:00

How can Major League Baseball allow Barry Bonds to surpass Babe Ruth and Hank Aaron by using steroids. Major League Baseball has turned into a travesty because of its failure to do anything about steroid use. Now, the long-standing major league records are being passed by cheating. Absolutely ridiculous.

Los Angeles Area: Frosty, Heidi and Frank show on Radio

2006-09-19T15:18:00.000-07:00

For those of you in the L.A. area, there is an afternoon show on 97.1 fm called Frosty, Heidi and Frank. These clowns put the b.o. in boring. Boy are they lame, I have no idea how they are still on the air. Check them out sometime between 10am and 3pm to waste your time.

Dr. Laura Schlessinger is a complete moron

2006-09-19T15:16:00.000-07:00

Have any of you listened to this moron's show? She is such an idiot. Have you heard her advice? All she does is scold everyone. What a nasty woman! Who listens to her?

"Loose Change" Video should be "Loose Screws" Video

2006-09-16T16:09:00.000-07:00

What the hell is wrong with these stoners and their obnoxious conspiracy theories about 9/11:

www.loosechange911.com

You can learen about how full of it they are here:

http://screwloosechange.blogspot.com/

More on how Kaiser Permanente sux!

2006-09-16T15:56:00.000-07:00

Kaiser Permanente brags about being non-profit… that does not mean the fat cats at the top are not getting rich, it is simply an Internal Revenue Service Classification.

I recently began monitoring the plight of a close friend who has been trying to obtain treatment for her allergies and a back injury under her Kaiser policy for the last several months, to no avail.

She has been unable to get anywhere with Kaiser because Kaiser is very skilled at causing delays and making their patients jump through as many hoops as possible to stop them from ever getting treatment they need and refusing to prescribe medications that could cost the company a few dollars.

Case in Point: My friend has allergies and explained to the Kaiser physician that the only medication she has been able to take during the day without drowsiness, but provided relief, is Zyrtec (she must have gotten the prescription from a real doctor).

The Kaiser physician then did something shocking–blatantly lied. The physician told her that he would only prescribe Atarax (a very old medication so sedating that it is used to treat anxiety), and that it is just as effective in treating allergies as Zyrtec and Zyrtec has never been proven to cause less sedation than Atarax. You have to be kidding me.

The physician went on to say that the only difference between Atarax and Zyrtec is that Atarax costs 2 cents a pill and Zyrtec costs $2 a pill. This guy has gall… nerve… chutzpah.

I wonder if he has called Pfizer, the manufacturer of Zyrtec, and informed them of this. Who knew? We certainly need to file a class action on behalf of the millions of patients and numerous insurance companies around the world that have been paying $2 a pill for a medication that is no better than an archaic medication that costs only 2 cents a pill. We must call all the physicians that have been foolishly prescribing this expensive medication and let them know of this travesty. Please.

I called a friend of mine who is a pharmacist and has worked for Kaiser just to make sure this was not an isolated incident. He confirmed that my friend’s experience was typical and that Kaiser a highly effective system dedicated to denying patients medications they need to reduce costs.

I did go with my friend on one occasion to see the treatment at Kaiser for myself. I found it amusing that the Kaiser triage folks demanded to see her Kaiser card and driver’s license to make sure she was not trying to steal their services. Who would ever want to steal services from Kaiser? Below is a Seattle times article on the subject from five years ago, I guess things really do not change:

Friday, June 23, 2000, 12:00 a.m. Pacific
Suit claims HMO misleads patients

by Carol M. Ostrom
Seattle Times staff reporter
Patients who belong to Kaiser Permanente health-maintenance organizations aren’t being told the truth about how their doctors make decisions about their health care, according to a class-action lawsuit filed yesterday in U.S. District Court in Seattle.
Kaiser plans provide health insurance and medical services to about 8 million people in the U.S. Its HMOs serve 440,000 people in the Northwest, including about 91,000 people in Washington, most in the southwestern part of the state, through Northwest Permanente.
Although Group Health Cooperative in Seattle has a relationship with Kaiser, it was not named in the lawsuit.
Information distributed by the plans, the lawsuit alleges, leads potential subscribers to believe that their doctors are free to make independent medical judgments about what care and procedures are “medically necessary.”
In fact, the lawsuit says, Kaiser imposes on those doctors a number of restrictions and financial incentives meant to cause them to limit care.
For the consumer, that amounts to a “bait-and-switch” scheme, says lawyer Lynn Sarko, who filed the case on behalf of Richard Peterson, a Kaiser plan subscriber from Southwest Washington.
By such restrictions and incentives, as well as by evaluating medical procedures on “undisclosed cost-based criteria,” says Sarko, Kaiser plans don’t provide the coverage consumers thought they were buying.
Last week, the U.S. Supreme Court ruled that people couldn’t sue HMOs for using cost considerations to limit medical care. But it left the door open to lawsuits based on an HMO’s duty to disclose information about “characteristics of the plan and of those who provide services to the plan” if that information affects patients.
Beverly Hayon, Kaiser Permanente’s national media director, said she hadn’t seen the lawsuit and couldn’t comment on it specifically. But, she said, Kaiser is not simply an insurer but a provider of medical services as well and provides “fully integrated” care.
“When it comes to medical care, those decisions are 100 percent in the hands of the physician,” she said. “Do our doctors check in with somebody before they decide what they will or won’t do? Absolutely not. That doesn’t apply to us in any way, shape or form.”
Matthew Schiffgens, a Kaiser spokesman, said payment arrangements are made between health plans and medical groups, not with individual doctors. And in a similar lawsuit filed against Kaiser in Texas in 1997, the federal circuit court found that Kaiser had no duty regarding disclosure.
Many Kaiser plans around the country have won kudos in patient-satisfaction surveys; earlier this year, the HMO began a voluntary external review process available to members who dispute denials of requested treatments or referrals.
But according to Dr. Lynn Peeno, a former HMO medical director who is now a Kentucky-based health-care ethics consultant, many patients are naive when it comes to what goes on behind the scene in HMOs.
“I think there’s still the belief that my doctor is taking care of me and will take care of me the way medicine has always taken care of me, and my doctor would never put anything before my medical care,” she said. “I don’t think people in the public completely understand how organized the system is in a health plan to limit the amount of care as the primary means to cut costs.”
Peeno, who has testified for plaintiffs in a number of lawsuits against HMOs, said she believes the duty of an HMO to disclose relevant information about how decisions are made in its system is analogous to “informed consent” in the realm of medical procedures or research.
“You simply cannot do anything to a patient in a medical context without fully informing them, whether it’s research or treatment,” she said.
But when it comes to how their HMO doctor makes decisions, she said, patients aren’t given straight answers to the most basic questions, such as: “How much is this doctor controlled by the HMO? What is the payment arrangement? Where does this doctor go to know what decision to make about you medically?”

According to the lawsuit, accurate disclosure of nonmedical criteria used to limit care would allow members of the HMO to “weigh their physician’s recommendations more accurately, to investigate treatment options more aggressively, and to exercise more intelligently their right to pay out of their own pocket for medical care . . . .”

Kaiser Permanente is a Scam!!!

2006-09-16T15:51:00.000-07:00

A friend of mine went their last week because he gets a tonne of cold sores. Cold sores are caused by the herpes virus and are normally treated with Zovirax or Valtrex. You can google these medications and learn more about them.

Not at Kaiser, the doctor at Kaiser told him to use Carmex, which is a lip baum you can get over the counter. Presumably because they would rather have my friend suffer than spend a few dollars.

That is why they told him to use chapstick to treat herpes.

I really cannot stand Kaiser.

Insurance Defense Attorneys have a form of Stockholm Syndrome

2006-09-16T15:48:00.000-07:00

I have noticed a sort of Stockholm syndrome that the infidels (insurance defense attorneys) get. A
lot of them actually start to empathize with insurance companies and think that screwing rape victims, brain injury victims and orphans at trial is the lord's work. They develop this infidel Stockholm syndrome as a defense mechanism because they have trouble accepting the fact that
they are socio/psycho-pathic.

There are some of them that are fair and decent human beings, but most of those folks ended up as infidels as a result of the job market and have not been able to get out. I wish there was some sort of half-way house for those that want to give up that psychopathic lifestyle.

Los Angeles Employees' Rights are Eroded

2006-03-20T12:05:00.000-08:00

Court rules against Los Angeles grocery workers
Tuesday, March 18, 2008
By: Michelle Schudel

Pro-business decision wipes out basic job protections

Los Angeles grocery workers are under attack by store owners, who claim that the rights the workers fought for are harming the availability of low-priced food for the local communities

Court ruling will help grocery
industry dispose of workers
following takeovers and mergers.

The bosses’ latest victory was the repeal of the Grocery Workers Retention Ordinance, which stipulated that, in the event of a store ownership change, the existing workforce had to be retained for at least 90 days.

Store owners won in early February the last round of court battles pushed by the California Grocery Association. Superior Court judge Ralph W. Dau ruled that the ordinance was unconstitutional, citing conflicts with statewide food safety and food handler laws, and discrimination between stores based on size and on whether they are unionized.

In reality, the CGA—a "non-profit" coalition of retail owners—wants bosses to be free to dispose of workers at will. Threats of layoffs force workers to accept greater exploitation or be replaced with cheaper labor. The goal is to maximize the owners’ profits—money that will not be going into the hands of the workers or the community.

The Los Angeles Workers Retention Ordinance—a precursor of the Grocery Workers Retention Ordinance—passed in 1995 in response to the privatization of the food services at the Los Angeles International Airport. When non-union vendors took over, 1,000 unionized workers were threatened with replacement. The ordinance granted city workers a three-month retention period whenever a city contract changed hands, with the exception of just-cause terminations.

An ominous consolidation trend in the grocery industry led workers to fight for the Grocery Workers Retention Ordinance, which passed in December 2005 and became effective in February 2006. The ordinance provides an employment retention period upon change of ownership, control or operation of grocery stores larger than 15,000 square feet. Most workers who had been employed for at least six months prior to an ownership transfer were protected by the legislation.

According to the ordinance itself, it was meant to ensure the stabilization of the workforce, which would result in preservation of health and safety standards as more experienced workers familiar with health and safety codes stayed on the job. The ordinance also granted legal recourses to workers whose retention periods were violated.

This legislation was a milestone for grocery workers. Cities like Santa Monica and San Francisco followed suit with their own ordinances.

However, the Los Angeles capitalist business owners did not share the excitement of the workers. The business membership organization Central City Association, whose slogan is "Our advocacy strengthens your bottom line," claimed the city was using "its police power to regulate a private sector business."

Los Angeles Council Members Bernard Parks and Greig Smith claimed "an ordinance of this type unfairly burdens business and discourages investment in many underserved communities of the City."

They conveniently neglect to point out that community members cannot purchase food and other basic needs when their wages are being driven down and their jobs taken away. "Underserved communities" happen to be the homes of many grocery workers, who are hardly better served by this pro-business court ruling.

As long as profit motivates production, workers’ rights and wages will be constantly under attack. Only through relentless struggle can the workers defeat the bosses’ offensive.