The Sheriff's Blogger

Psychiatrist, lawyer convicted in Anna Nicole Smith case

LA District Attorney's Office

LOS ANGELES – Anna Nicole Smith’s psychiatrist and her companion, an attorney, were convicted today of conspiracy in connection with obtaining drugs for the reality star and Playboy model before her death in 2007. A third defendant, also a doctor, was acquitted.

The Los Angeles Superior Court jury was in its 13^th day of deliberations when it announced it had reached verdicts on most of the charges in the case. It failed to reached verdicts on two counts against the psychiatrist and some of the charges in two of the conspiracy counts. Trial Judge Robert J. Perry declared mistrials on those counts.

“I am pleased that the jury reached guilty verdicts in this case,” said District Attorney Steve Cooley in a written statement.

“This case illustrates the problem of the overuse of prescription medicine in today’s society,” he added. “Medical professionals have a responsibility to ensure that the strict ethical guidelines of their profession are followed in prescribing medicine as part of the care of their patients.”

The jury convicted Khristine Eroshevich, 62, the psychiatrist, and Howard K. Stern, 41, Smith’s companion, of two counts of conspiracy to commit the crimes of obtaining a controlled substance by false name or address, and issuing a prescription that is false or fictitious. The time period covered by the counts was from June 2004 until February 2007 when Smith died in Florida of a drug overdose. The jury failed to reach a consensus on the other allegations in the conspiracy counts, including prescribing, administering and dispensing controlled substances to an addict; unlawfully prescribing a controlled substance; issuing a prescription that is false or fictitious; and violating the state Business and Professions Code.

Eroshevich also was convicted of one count each of obtaining a prescription of opiates by fraud, deceit or misrepresentation, and obtaining a prescription for opiates by giving a false name or address. The jury was evenly split between guilty and not guilty on two additional counts against Eroshevich – unlawfully prescribing a controlled substance and prescribing, administering or dispensing controlled substances to “Anna Nicole Smith, an addict.”

Stern was found not guilty of a third conspiracy count that also named the acquitted doctor, Sandeep Kapoor, 42. In addition, Stern was found not guilty of six additional counts involving obtaining and furnishing drugs for Smith. Besides the conspiracy count, Kapoor was found not guilty of another conspiracy charge and four additional counts involving furnishing the drugs.

Perry scheduled Jan. 6 for a hearing on defense motions for a new trial and sentencing, should those motions not be successful. Prosecutors Renee Rose and David Barkhurst of the Major Narcotics Division are expected to announce whether to seek a new trial on the unresolved charges.

Eroshevich and Stern each face possible maximum terms of at least three years in state prison. They remain free on bond. Kapoor’s bond was exonerated after his acquittal.

CALIFORNIA MAN FACES FEDERAL CHARGE FOR TAKING 13-YEAR-OLD GIRL TO LAS VEGAS TO HAVE SEX

 US Department of Justice

        RIVERSIDE, California – A man who allegedly brought a 13-year-old San Bernardino County girl to Las Vegas, Nevada has been arrested and charged with a federal offense of interstate transportation of a minor to engage in illegal sexual activity.

        Ivan Lopez, 22, who resides in the South Los Angeles town of Lennox, was arrested Tuesday night after federal and local law enforcement officers located his van outside a motel in South Las Vegas. According to a criminal complaint filed yesterday in United States District Court, Lopez had driven to the motel with a 13-year-old girl he had picked up at her Victorville home after her parents had gone to bed. Lopez had arranged to pick up the girl after spending approximately six months chatting with the girl on the social networking sites MySpace and Twinkle.

        Lopez allegedly picked up the girl at her home on Sunday. After the girl’s parents reported her missing to the San Bernardino County Sheriff's Department, investigators identified Lopez as a suspect in the case, according to the criminal complaint. Lopez’s vehicle was the subject of an Amber Alert, and the United States Marshals Service located the vehicle in South Las Vegas Tuesday morning. Lopez was arrested Tuesday evening by special agents with the Federal Bureau of Investigation.

        Lopez made his initial court appearance yesterday afternoon in United States District Court in Las Vegas, where a United States Magistrate Judge ordered him held without bail. The Marshals Service was ordered to return Lopez to Riverside for further court proceedings.

        According to an affidavit in support of a criminal complaint, Lopez contacted the 13-year old girl using MySpace and Twinkle, a social networking application for Apple handheld devices. In his second month of communications with the 13-year old, Lopez asked her to be his “girlfriend,” despite her reminding him of her young age. Lopez communicated regularly with the girl via the Internet, text messaging and telephone calls, telling her about plans to have sex and to run away and go “East.” Lopez allegedly drove to the girl's house early Sunday morning after the girl’s parents had gone to sleep.

        According to the affidavit, Lopez is currently facing unrelated charges in San Bernardino County of engaging in sexual activity with a 14-year-old girl.

        A criminal complaint contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until proven guilty.

        The federal charge of transporting a minor with intent to engage in illegal sexual activity carries a 10-year mandatory minimum sentence in federal prison and a potential sentence of life without parole.

        The case against Lopez was investigated by the San Bernardino County Sheriff’s Department and the Federal Bureau of Investigation.

FATHER ARRESTED ON WARRANT IN TEXAS FOR ABDUCTING 2 AND 4-YEAR-OLD SONS

Orange County District Attorney's Office

FULLERTON - A father has been arrested on a warrant for the abduction of his 2 and 4-year-old son from outside of the Anaheim home where they lived with their mother. A warrant is still outstanding for the victims' grandfather, and law enforcement is seeking the public's help in locating him and the children. Abraham Fernandez, 23, Houston, was arrested on an Orange County warrant yesterday, Oct. 25, 2010, in Houston. He is charged with two felony counts of kidnapping and two felony counts of child abduction and faces a maximum sentence of nine years and eight months in state prison if convicted. Abraham Fernandez is being held on $1 million bail and will face an extradition hearing in Harris County, TX, tomorrow, Wednesday, Oct. 27, 2010.

Co-defendants Louis Mendoza Fernandez, 52, Houston, David Daniel Nicholas, 26, Monrovia, and Linda Fernandez, 29, Monrovia, are also charged with two felony counts of kidnapping and two felony counts of child abduction. If convicted, they face a maximum sentence of nine years and eight months in state prison. Louis Fernandez is the father of Abraham Fernandez and has a $1 million warrant for his arrest.

Nicholas is being held on $500,000 bail and Linda Fernandez is being held on $50,000 bail. They are scheduled for a preliminary hearing today, Tuesday, Oct. 26, 2010, at 9:30 a.m. in Department N-15, North Justice Center, Fullerton.

Abraham Fernandez has two sons with his former live-in girlfriend, from whom he is estranged. Approximately one year ago, Abraham Fernandez's former girlfriend moved to Anaheim from Texas with the two boys, 4-year-old John Doe #1 and 2-year-old John Doe #2.

At approximately 7:45 p.m. on Oct. 7, 2010, the two victims were in an alley with their mother near their apartment. Abraham Fernandez and his father Louis Fernandez are accused of driving into the alley in a silver Dodge Caravan and quickly stopping the car. Louis Fernandez, who had been driving, is accused of getting out of the vehicle and grabbing John Doe #1, who was standing next to his mother. Louis Fernandez is accused of putting the victim in the back of the van using the sliding side door.

Abraham Fernandez is accused of then getting out of the van and taking John Doe #2 from his screaming mother's arms. The defendants are accused of getting back into the vehicle and speeding in reverse out of the alley as they fled the scene. Witnesses called 911 and the Anaheim Police Department responded to the scene. An AMBER Alert was immediately issued for the silver van.

After the kidnapping, the defendants are accused of driving to Monrovia to hide at a relative's home. Nicholas and his wife Linda Fernandez, Abraham Fernandez's cousin, are accused of harboring the defendants at their Monrovia home knowing that the children had been illegally abducted and were being sought by police.

Nicholas is also accused of assisting in the child abduction by renting the van for Abraham and Louis Fernandez to use in the kidnapping. Early on the morning of Oct. 8, 2010, Nicholas is accused of returning the rented van to Ontario International Airport. Anaheim police officers contacted Nicholas that day after receiving information that the defendants and victims may be at his Monrovia home. Officers learned that the van had been returned and was no longer being used by the defendants.

Nicholas was arrested at his home on Oct. 10, 2010, for his role in the kidnapping. Linda Fernandez was arrested Oct. 11, 2010, at the home she shared with Nicholas for assisting the defendants after the abduction.

A $500,000 arrest warrant was issued Oct. 12, 2010, for Abraham and Louis Fernandez. Louis Fernandez is still a fugitive and is believed to still have the two children and may possibly be in Texas. The investigation is ongoing.

Anyone with additional information is encouraged to contact Supervising District Attorney Investigator Jaime Joyce at (714) 347-8560 or Anaheim Police Detective Daron Wyatt at (714) 765-1434.

Deputy District Attorney Jim Bacin of the Child Abduction Unit is prosecuting this case.

WOMAN AND MAN CHARGED WITH DAYLIGHT SHOOTING-MURDER OF MAN IN HUNTINGTON BEACH PARK

October 26, 2010

Orange County District Attorney's Office

SANTA ANA - A woman and man have been charged with murdering a man in a Huntington Beach park after setting up a meeting to return a stolen cell phone. Marissa Star Bilotti, 19, Huntington Beach, (Case #10CF2928) is charged with one felony count each of murder, first degree residential robbery, and first degree residential burglary. Derek Christopher Adams, 22, Huntington Beach, (Case # 10CF2927) is charged with one felony count each of murder, first degree robbery, and aggravated assault with sentencing enhancements for the personal discharge of a firearm causing death and the personal use of a firearm. If convicted, Bilotti faces a maximum sentence of 31 years to life in state prison and Adams faces a maximum sentence of 57 years to life in state prison.

Both defendants are being held on $1 million bail and are expected to be arraigned today, Tuesday, Oct. 26, 2010, in Department CJ-1, Central Jail, Santa Ana. The time is to be determined.

Residential Robbery and Burglary of Victim #1 At approximately 11:00 a.m. on Oct. 22, 2010, Adams and his female friend, Bilotti, are accused of going to the Newport Beach home of Cody Masher, a parolee who was dating a woman in whom Adams was romantically interested. The defendants are accused of breaking down the door and entering Masher's home to confront him and his girlfriend. They are accused of getting into a verbal argument with Masher's girlfriend and stealing money from her purse.

Bilotti is accused of continuing to argue with the girlfriend as Adams went into the kitchen to retrieve a knife. Adams is accused of then punching and hitting Masher before stabbing him, causing a superficial wound. The defendants are accused of stealing Masher's cell phone and fleeing the scene.

Throughout the day, Adams is accused of using Masher's cell phone to send text messages to the Masher's girlfriend. He is accused of arranging to meet Masher's girlfriend at Murdy Park in Huntington Beach to return Masher's cell phone.

Murder in Huntington Beach Park of Victim #2 Bilotti is accused of covering the license plate of her car and driving Adams to the park. She is accused of concealing a folding knife in her vagina and waiting in the car. Adams is accused of being armed with a firearm and getting out of the car to wait for Masher's girlfriend.

At approximately 3:30 p.m. Masher's girlfriend arrived at the park with two friends, including Gregory Heintz. Heintz got out of their vehicle and began to approach Adams. Adams is accused of throwing Masher's cell phone to Heintz and then shooting him one time in the stomach. Bilotti is accused of removing the cover from her license plate and the two defendants are accused of fleeing the scene.

Witnesses wrote down the defendant's license plate number and called 911. Huntington Beach Police Officers quickly located the defendant's car and pulled them over. The defendants are accused of having a firearm in their vehicle when contacted by police and were arrested at the scene.

Heintz was transported the hospital and died shortly thereafter.

Senior Deputy District Attorney Sonia Balleste of the Homicide Unit is prosecuting this case.

BOEING TO PAY $4 MILLION FOR INFLATING CONTRACT PRICE FOR ANTI-MISSILE TOWED DECOY SYSTEM FOR B-1 BOMBER

 US Department of Justice

        LOS ANGELES – The Boeing Company has agreed to pay $4 million to settle a civil lawsuit alleging that the company unlawfully inflated the price it charged the Air Force to manufacture the Towed Decoy System for the B-1 bomber, United States Attorney André Birotte Jr. announced today.

        The government’s lawsuit, which was filed in September 2008, alleged that Boeing provided inaccurate and incomplete information to the Air Force in connection with Boeing’s proposal to obtain the contract to produce Towed Decoy System (TDS) kits. The government alleged that Boeing failed to disclose to Air Force contract negotiators that it had previously manufactured TDS kits for much lower costs, largely by outsourcing much of the work to outside vendors and subcontractors.

        When activated, the TDS deploys a decoy that is towed behind the aircraft and is designed to protect the aircraft from guided missiles. 

        In the settlement agreement that was finalized today, the United States agreed to dismiss the lawsuit against Boeing, which agreed to resolve the case without admitting wrongdoing. Boeing has agreed to pay the $4 million settlement within seven days. 

        The government investigation team included agents with the Air Force’s Office of Special Investigations, agents with the Defense Criminal Investigative Service and auditors with the Defense Contract Audit Agency.

FATHER CHARGED WITH MURDERING MAN IN RETALIATION FOR PHYSICAL ALTERCATION BETWEEN DAUGHTER AND VICTIM

October 26, 2010

Orange County District Attorney's Office 

SANTA ANA - A father has been charged with the murder of a Santa Ana man after becoming angry over a physical altercation that occurred one month prior between his daughter and the victim. Cesar Gerardo Marta, 39, Omaha, NE, is charged with one felony count of murder and has a 1993 prior strike conviction for robbery. If convicted, he faces a maximum sentence of 55 years to life in state prison. Marta will be held on $1 million bail upon his extradition to California. He is currently being held without bail at the Pottawattamie County Sheriff's Jail in Council Bluffs, Iowa, on a federal immigration case. Upon completion of that case, Marta will face extradition proceedings for the Orange County murder.

At approximately 2:00 a.m. on May 26, 2010, 27-year-old Cesar "Danny" Gutierrez Hernandez left his Santa Ana home with his brother and a friend to give the friend a ride home. As the three men walked toward their car, Marta and an unknown accomplice are accused of approaching the group and asking if one of them was Danny. The defendant is accused of seeking out Hernandez with the intention of retaliating against him for a physical altercation the victim had with Marta's daughter one month earlier.

Upon identifying Hernandez as the man he was looking for, Marta is accused of punching the victim in the face and knocking him to the ground. Marta is accused of continuing to assault Hernandez while his unknown accomplice used a knife to hold the other two victims at bay. The unknown accomplice is accused of then stabbing Hernandez while Marta hit and kicked him.

Members of Hernandez's family went out of the house upon hearing the commotion, prompting Marta and his accomplice to flee the scene. Witnesses called 911 and officers from the Santa Ana Police Department (SAPD) arrived at the scene. Hernandez was transported to the hospital, where he was pronounced dead.

SAPD investigated this case and determined that Marta was a resident of Nebraska who was in California visiting family on May 26, 2010. At the time that Marta was identified in this case, he was already in custody in Iowa on a federal immigration case. 

Senior Deputy District Attorney Larry Yellin of the Homicide Unit is prosecuting this case.

COACHELLA VALLEY MAN SENTENCED TO FEDERAL PRISON FOR SHOOTING LASER AT CALIFORNIA HIGHWAY PATROL HELICOPTER

 US Department of Justice

RIVERSIDE, California – A Cathedral City man was sentenced today to 15 months in federal prison for shooting a laser at a California Highway Patrol helicopter that was providing support during a suspected burglary call.

Nathan Ramon Wells, 19, was sentenced today by United States District Judge Virginia A. Phillips. In addition to the prison term, Judge Phillips ordered Wells to be on supervised release for three years, during which he must spend three months at a community corrections center administered by the United States Bureau of Prisons.

Wells pleaded guilty in September to a felony count of interference with an operator of an aircraft, admitting that he knowingly fired a laser at a police helicopter.

On June 3, 2009, CHP officers in a helicopter were assisting Cathedral City Police Department investigators who had responded to a possible residential burglary call. While flying at an altitude of approximately 700 feet, the cockpit of the helicopter suddenly illuminated with a bright green light, which cased both CHP officers to look away and alter their course. The helicopter crew determined that the source of the light was a vehicle, which they followed through Cathedral City. Police on the ground stopped the vehicle, which contained Wells, who was in possession of a laser device.

The case against Wells is the result of an investigation by the Federal Bureau of Investigation, which received assistance from the Cathedral City Police Department.

CAUCASIAN MAN SENTENCED TO FOUR YEARS IN PRISON FOR HATE CRIME FOR VERBALLY ACCOSTING AFRICAN-AMERICAN WOMAN AND ASSAULTING HER MALE FRIEND

October 25, 2010

Orange County District Attorney's Office

WESTMINSTER - A Caucasian man was sentenced Friday to four years in state prison for committing a hate crime against an African-American woman and her Caucasian male friend by verbally and physically accosting the victims. John Keihl DeLoach, 20, Huntington Beach, pleaded guilty to a court offer Friday, Oct. 22. 2010, to one felony count of hate crime battery causing injury and one felony count of hate crime assault causing injury. He has a prior strike conviction for residential burglary in 2009.

At approximately 3:30 p.m. on Sept. 1, 2010, DeLoach drove by a Huntington Beach convenience store playing loud, racist music with explicit anti-black lyrics. When the defendant saw victim Briana W., an African-American woman, inside the store through the window, he pulled his vehicle near the store and turned up the volume of his music.

At approximately 9:40 p.m. that night, Briana W. was walking to a friend's apartment in Huntington Beach with a Caucasian male friend, Derrick S. The defendant, who happened to be in the same apartment complex visiting a friend, recognized the victim as the woman from the store earlier in the day and yelled after her. He yelled racial slurs and statrf that interracial relationships were wrong.

DeLoach and an unknown male accomplice ran up to Briana W. and continued to yell at her. Briana W. asked, "What, dude?" and the defendant yelled at Derrick S. to control his "b****." When Derrick S. stepped between Briana W. and the defendant, DeLoach punched Derrick S. in the face. Derrick S. fell to the ground and DeLoach kicked him twice in the back.

The defendant then fled the scene and Briana W. called 911. Derrick S. suffered a contusion on the side of his head as a result of the attack. The Huntington Beach Police Department (HBPD) investigated this case.

On Oct. 1, 2010, the defendant was charged by the Orange County District Attorney's Office and a warrant was issued for his arrest. That day, HBPD officers arrested the defendant at Overlook Park. When contacted by officers, DeLoach ran and resisted arrest.

Deputy District Attorney Israel Claustro of the Special Prosecutions Unit prosecuted this case.

BROTHER AND SISTER CHARGED WITH ROBBERY AND MURDER OF MAN IN HIS HOME BY PRETENDING TO BE DOOR-TO-DOOR FRUIT SALESMEN

October 25, 2010

Orange County District Attorney's Office

SANTA ANA - A brother and a sister have been charged with the robbery and murder of a Santa Ana man by gaining entry into his home by pretending to be fruit salesmen. Siblings Alejandro Romero, 31, and Gladys Romero, 33, both of Santa Ana, are each charged with one felony count of special circumstances murder during the commission of robbery, kidnapping, and burglary with an additional sentencing enhancement for the personal discharge of a firearm causing great bodily injury and death. If convicted, they face a maximum sentence of life in prison without the possibility of parole. Alejandro and Gladys Romero are being held without bail and are expected to be arraigned today, Monday, Oct. 25, 2010, in Department CJ-1, Central Jail, Santa Ana. Time is to be determined.

On June 5, 2000, Gladys Romero is accused of posing as a door-to-door fruit saleswoman and gaining entry into Juan Gomez's home by asking for a glass of water. Once inside, Gladys Romero is accused of opening the door to allow her brother, Alejandro Romero, to enter the victim's home. Both defendants are accused of being armed with firearms.

The defendants are accused of tying up Gomez and his family in the living room of the home. Gomez struggled and was able to break free from his ties. Alejandro Romero is accused of struggling with Gomez and shooting the victim. Gladys Romero is accused of then shooting Gomez when he was on his knees. The defendants are accused of stealing a purse and fleeing the scene. Gladys Romero is accused of leaving her own purse at the scene.

Gomez died at the scene. His family freed themselves and called the Santa Ana Police Department (SAPD), who investigated this case. SAPD Crime Scene Investigators collected DNA evidence at the scene.

The case remained unsolved and without a suspect for 10 years. On Sept. 30, 2010, DNA taken from Gladys Romero on a misdemeanor conviction was linked to DNA that was taken from her purse left at the murder crime scene. The DNA evidence along with witness statements connected the defendants to the case.

Senior Deputy District Attorney Larry Yellin of the Homicide Unit is prosecuting this case.

DRIVER UNDER THE INFLUENCE OF ALCOHOL AND MARIJUANA CONVICTED OF CAUSING HIGH-SPEED FREEWAY CRASH, KILLING TWO AND SEVERELY INJURING ANOTHER

October 22, 2010

Orange County District Attorney's Office

SANTA ANA - A driver under the influence of alcohol and marijuana was convicted today of causing a high-speed freeway crash, killing two elderly passengers and severely injuring their elderly driver. Trevor Mark Coffman, 38, Laguna Niguel, pleaded guilty to the court to two felony counts of vehicular manslaughter with ordinary negligence while intoxicated with a sentencing enhancement allegation for causing great bodily injury to an elder. The defendant is expected to be sentenced to four years in state prison at his sentencing hearing Jan. 7, 2011, at 9:00 a.m. in Department C-43, Central Justice Center, Santa Ana.

On March 15, 2007, 76-year-old Sally Lee Howd and her 82-year-old husband Frank Howd were returning home with 72-year-old Catherine Malloy, a visiting friend whom they picked up from Los Angeles International Airport. They were driving southbound in the carpool lane on Interstate 5 and collided with a black Toyota Celica, which was disabled with no emergency signal lights on the freeway south of El Toro Road.

In the evening of March 15, 2007, Coffman consumed several alcoholic drinks following a recreational softball game. At approximately 11:20 p.m., the defendant drove southbound on Interstate 5 while intoxicated in his pick-up truck with a friend in the passenger seat. Coffman failed to stop due to his intoxication and crashed into the victims' Volvo, which was disabled as a result of the earlier collision. Witnesses called 911.

Coffman killed passengers Malloy and Frank Howd and severely injured driver Sally Howd. Malloy was pronounced dead at the scene. The two other victims were transported to the hospital to be treated for their injuries. Frank Howd suffered internal injuries and a broken pelvis and died the next day from multiple traumatic injuries that were caused by the crash. Sally Howd sustained a skull fracture, broken ribs, and cuts to her face.

When contacted by police at the scene, Coffman displayed objective signs of intoxication including impaired balance and coordination, watery eyes, and an odor of alcohol on his breath. The defendant had a blood alcohol level of .10 percent and tested positive for marijuana. Coffman was arrested after being transported to the hospital and treated for a broken collar bone and scratches.

Deputy District Attorney Jason Baez of the Homicide Unit is prosecuting this case.