The Sheriff's Blogger

Former Pico Rivera city councilman convicted of conflict of interest

LOS ANGELES – Former Pico Rivera City Councilman Ronald Beilke today was convicted of conflict of interest, the District Attorney’s Office announced.

Deputy District Attorney Sandi Roth of the Public Integrity Division said Beilke was convicted of two misdemeanor counts of conflict of interest for voting on contracts between the City of Pico Rivera and two private businesses, All American Asphalt and Mobility Solutions.

The work stipulated by the contracts benefited Beilke’s Wienerschnitzel franchise in Pico Rivera, the prosecutor said.

Los Angeles Superior Court Judge Lisa Lench ordered Beilke to return for sentencing on Feb. 18, 2011 in Department 132 of the Foltz Criminal Justice Center.

Jurors, who deliberated for two days, found Beilke not guilty of one count of perjury and two counts of conflict of interest, one a misdemeanor, the other a felony.

The contract between the City of Pico Rivera and All American Asphalt was for paving of the intersection within 500 feet of Beilke’s restaurant. The work included decorative, colored concrete, the prosecutor said.

The contract with Mobility Solutions was for the design of a street light, within 500 feet of Beilke’s business, which allowed traffic to flow freely into the shopping center directly connected to his restaurant.

Beilke faces a maximum sentence of one year in county jail. At the time of sentencing, the judge could also issue an order prohibiting Beilke from running for or holding public office for four years.

LENNOX 13 STREET GANG TARGETED IN FEDERAL RACKETEERING INDICTMENT, STATE DRUG CHARGES AND IMMIGRATION ARRESTS

US Department of Justice

  LOS ANGELES – A joint federal-state law enforcement operation this morning led to the arrest of 27 people linked to a Lennox street gang, some of whom are named in a federal racketeering indictment that alleges the gang is a criminal enterprise that has engaged in violent crimes, extortion and narcotics trafficking. Some of those taken into custody today face federal charges, others will be presented to the Los Angeles County District Attorney’s Office for prosecution on various offenses, and some are allegedly illegal immigrants who face criminal prosecution and deportation.

        Today’s operation involved nearly 500 law enforcement personnel and is the result of an 18-month investigation by the federal Southern California Drug Task Force and the Los Angeles County Sheriff’s Department. The centerpiece of the investigation is an 11-count indictment that alleges violations of the federal Racketeer Influenced and Corrupt Organizations (RICO) Act. The indictment charges 15 defendants, with six of those being named in the RICO count. Nine of the defendants named in the RICO indictment were taken into custody this morning, and two were already in state custody.

        Additionally, authorities arrested one woman on a federal weapons charge, eight on state narcotics charges, five on probation violations, two on federal criminal charges of illegal re-entry after deportation, and two on suspicion of being illegal aliens.

        The federal indictment that led to this morning’s takedown focuses on Lennox 13, a street gang that was formed in the mid-1960s by Mexican-Americans in the Lennox area of unincorporated Los Angeles County. Lennox 13 now consists of approximately 650 members, with approximately 250 members regularly conducting criminal activities. The “13” stands for the letter M and was added to the gang’s name about 20 years ago when it became associated with the Mexican Mafia.

        The indictment alleges that drug sales comprised the bulk of the gang’s profits. In the gang’s territory, just east of Los Angeles International Airport, narcotics were typically sold by street-level dealers who were allowed to sell drugs within the gang’s territory if they paid regular “rent” or “tax” to the gang. In exchange for the tax payments, Lennox 13 members protected the drug dealers from robbers and competitors. The indictment also alleges that the gang generated money through routine extortions of legitimate business owners operating in territory claimed by Lennox 13.

        The gang allegedly paid a tax to the Mexican Mafia, which provided protection to Lennox 13 members in the prison system. In addition to the tax paid to the Mexican Mafia, the indictment alleges that the gang used the profits of its illegal activities to purchase weapons and drugs, pay attorney’s fees for gang members who have been charged with crimes, contribute to funeral costs for gang members who have been killed, and deposit money into the prison accounts of incarcerated gang members.

        The RICO conspiracy charge in the indictment alleges a series of specific overt acts, including assaults and narcotics transactions.

        Those named in the RICO indictment are:

 

Miguel Estrada, also known as “Stranger,” 42, of Hawthorne, a Lennox 13 shot-caller who allegedly was directly involved in drug sales, tax collections and extortion of at least one local business (currently a fugitive);
Baldemiro Ulloa, also known as “Pana,” 53, of Lennox, a Lennox 13 shot-caller who allegedly was directly involved in narcotics sales (arrested this morning);
Cesar Facio, also known as “Tamal,” 34, of Lennox, a Lennox 13 member who allegedly distributed cocaine and methamphetamine, collected taxes from drug dealers and was involved in the extortion of at last one local business (arrested this morning);
Marco Ruiz Nario, also known as “Tony” and “Sniper,” 34, of Lawndale, a Lennox 13 member who allegedly supplied cocaine to the gang (arrested this morning);
Jose Manuel Gonzalez, also known as “Cyclone,” 37, of Hawthorne, a Lennox 13 member who allegedly engaged in violent crimes on behalf of the gang (previously taken into state custody);
Cesar Enrique Barreiro, also known as “Weasel,” 24, of Hawthorne, a Lennox 13 member who allegedly participated with Gonzalez in robberies and assaults (previously taken into state custody);
Jorge Arturo Hercules, also known as “Joker” and “Trouble,” 25, of Westmont, a Lennox 13 members who allegedly assaulted innocent citizens on behalf of the gang (arrested this morning);
Elena Martinez, 55, of Hawthorne, who owns a Lennox 13 hangout called The Den in Hawthorne and allegedly distributed cocaine and methamphetamine (arrested this morning);
Donald Salazar, Jr., 45, of Inglewood, who allegedly distributed methamphetamine (arrested this morning);
Alejandro Sepulveda Armenta, also known as “Trini,” 43, of Hawthorne, who allegedly provided methamphetamine to the gang (currently a fugitive);
Santiago Larios Rodriguez, 36, of South Los Angeles, who allegedly supplied the gang with methamphetamine (currently a fugitive);
Joe Martinez, also known as “Scrappy,” 27, of Lennox, a Lennox 13 members who allegedly distributed methamphetamine (arrested this morning);
Robert Velardez, 26, of Gardena, an alleged methamphetamine distributor (arrested this morning);
Maria Hernandez, 51, of Lennox, an alleged narcotics distributor (currently a fugitive); and
Dante Hurtado, 47, of Hawthorne, who allegedly sold narcotics out of a Lennox barbershop where Lennox 13 members congregated (arrested this morning).

Estrada, Ulloa, Facio, Nario, Gonzalez and Barreiro are the six defendants named in the RICO count. The indictment also alleges a series of drug offenses and several violent crimes in aid of racketeering.

 

        “The drug-related violence of street gangs continues to inflict devastation in many of our communities,” said Timothy J. Landrum, Special Agent in Charge, Drug Enforcement Administration, Los Angeles Field Division. “Today’s arrests demonstrate the positive results that can be achieved when law enforcement works together. The DEA is committed to working with our law enforcement partners to ensure fewer drugs and the violence associated with street gangs impact our neighborhoods.”

        Captain Ralph Ornelas, of the Los Angeles County Sheriff’s Department, Narcotics Bureau, stated: “This collaboration of federal, state and local agencies once again proves how much we can accomplish in the fight against gangs like Lennox 13.  Because gang violence isn’t confined to one jurisdiction or community, it is important that each agency work together to better the quality of life for all the surrounding cities and neighborhoods.”

        Those charged in the RICO count face a statutory maximum sentence of 20 years in federal prison. Twelve of the defendants named in the indictment face 10-year mandatory minimum penalties if they are convicted of charged narcotics offenses.

        Those taken into custody this morning on federal charges will be arraigned this afternoon in United States District Court in Los Angeles. Federal prosecutors intent to file writs to take into custody the two defendants named in the federal indictment who are currently in state custody.

        An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.

        The RICO indictment also includes a criminal forfeiture count, which will allow authorities to forfeit all property and money associated with the offenses alleged in the racketeering conspiracy charge.

        “Gang crime and gang violence reduce the quality of life in our communities,” said IRS - Criminal Investigation Special Agent in Charge Leslie P. DeMarco. “Today’s takedown of the Lennox 13 street gang is indicative of law enforcement’s resolve to investigate and prosecute those criminals who use violence and intimidation in promoting and protecting their criminal enterprises. In conjunction with our law enforcement partners, IRS - Criminal Investigation follows the money trail to financially disrupt and dismantle racketeering and narcotics trafficking organizations.  We hit the bad guys where it hurts - in their wallets – by taking away their assets and profits.”

        The investigation into Lennox 13 was conducted by the Los Angeles County Sheriff’s Department - Gang and Narcotics Enforcement Team and the Southern California Drug Task Force, which includes special agents with the Drug Enforcement Administration, U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigation, and IRS - Criminal Investigation. The Southern California Drug Task Force operates within the High-Intensity Drug Trafficking Area (HIDTA) program, which is designed to enhance and coordinate efforts among local, state and federal law enforcement agencies.

        “Today’s joint operation has dealt a serious blow to a ruthless and dangerous street gang operating here in the Los Angeles area,” said Claude Arnold, Special Agent in Charge of ICE Homeland Security Investigations in Los Angeles. “Working with our law enforcement partners, ICE will continue to target and dismantle these gangs to rid our streets not only of drug dealers, but of the violence and other criminal activity associated with the drug trade.”

        In addition to the participants on the Southern California Drug Task Force, the following agencies participated in this morning’s takedown: the United States Marshals Service; the Los Angeles County Probation Department; and three units with the Los Angeles County Sheriff’s Department - Operation Safe Streets, Homicide Gang Task Force and Community Oriented Policing Services (COPS); the La Verne Police Department, the Monrovia Police Department, the Glendora Police Department, the Hawthorne Police Department, the Irwindale Police Department and the Los Angeles Department of Children Services.

OCDA FILES SEXUALLY VIOLENT PREDATOR PETITION TO HAVE VIOLENT, CONVICTED CHILD RAPIST LAWRENCE BROWN CIVILLY COMMITTED

January 18, 2011

Orange County District Attorney　

SANTA ANA - The Orange County District Attorney's (OCDA) Office filed a petition today to have violent, convicted sex offender Lawrence Joseph Brown, 52, civilly committed as a Sexually Violent Predator (SVP). Brown was released on parole in Orange County on Nov. 17, 2010, after serving 25 years of a 49-year sentence for brutally sexually assaulting two young girls after kidnapping them in broad daylight. He was arrested less than an hour later for violating his parole and was transported back to Chino State Prison, where he is currently in custody on the parole violation. The SVP petition was filed today, Tuesday, Jan. 18, 2011, and Brown will be transported to the Orange County Jail for a hearing Friday, Jan. 21, 2011, at 9:00 a.m. in Department C-58, Central Justice Center, Santa Ana.

 

Brown's November 2010 prison release was vehemently opposed by Orange County District Attorney Tony Rackauckas, State Senator Lou Correa, Chief Scott Jordan of the Tustin Police Department (TPD), Chief Paul Walters of the Santa Ana Police Department (SAPD), and Chief Dave Maggard of the Irvine Police Department (IPD). At that time, these law enforcement partners publicly and sharply criticized the Department of Mental Health (DMH) for failing to take the proper steps to protect the community by submitting a Request to File a Petition with the OCDA, which is required by law in order for the OCDA to legally file an SVP petition.

Under the law, inmates are subject to DMH mental health reviews once they have completed their criminal sentence. The People may file a petition to have the defendant civilly committed if the mental health evaluators determine the inmate meets the criteria of an SVP. There are three criteria that must be met in order to designate a person as SVP. First, the defendant must have committed at least one sexually violent offense. Second, he/she must be diagnosed with a mental disorder. Finally, it must be found that he/she is likely to re-offend unless he/she is held in custody and treated.

Two evaluators must reach the same opinion that the inmate meets the SVP criteria in order for the OCDA to file an SVP petition. If the evaluators disagree, a second pair of evaluators will conduct mental health reviews of the inmate. If the evaluators determined the inmate meets the SVP criteria, a Request to File a Petition is submitted to the OCDA, who is then authorized to seek civil commitment. A jury is presented the evidence to decide if the inmate is a continued threat to the community, and if the criteria (above) are found true by the jury, the inmate is admitted into a mental care facility.

Despite exhaustive efforts by the OCDA, DMH failed to submit the necessary request and accompanying documentation for Brown prior to November 2010, making it legally impossible for the OCDA to file an SVP petition against him at that time. Extensive research, investigation, and efforts by the above-mentioned agencies led to the re-arrest of Brown and a change of opinion by a prior negative evaluator. As a result, the OCDA was legally able to file the SVP petition against Brown. His case will be heard before an Orange County jury at a time that is to be determined.

　

"Despite the horrible acts Lawrence Brown perpetrated in the past, the Department of Mental Health inconceivably felt he was safe to be released into our community. Brown, a real life boogie man, every parent's nightmare," said District Attorney Tony Rackauckas. "Brown will now face a jury, members of our community, who will decide if he is a continued threat. And that is how it should be. But our anger and outrage cannot end here. If we don't change the conduct of the Department of Mental Health, we will have other "Lawrence Browns" released back into the community. I have been working with Senator Lou Correa and Mimi Walters on legislation to fix this broken system. It's time that the Department of Mental Health be accountable to the People they serve, and when the time comes, I will be calling on the public to support this law."

 

"Lawrence Brown took away my innocence and left me badly bruised emotionally and physically. My family was not prepared to handle a situation like this and did not speak of it for almost 30 years," said Nimol San, previously known as Jane Doe #2, who was victimized by Brown at age 7 in 1983. "As I became an adult, I had a choice to make. I could let what Lawrence Brown did to me define who I was, or I could defy him and become a better person. I do not want another person to suffer the kind of attack Lawrence Brown made on my life. It is crucial that he remain incarcerated, there are too many innocent children out there who may not survive a man like him. I am standing up for them today."

Senior Deputy District Attorney Heather Brown of the Sexual Assault Unit will handle this case for the OCDA.

The following facts regarding Brown's case are presented in chronological order:

April 1983 - Crimes against Jane Doe #1

Early in the evening on April 19, 1983, Brown abducted 8-year-old Jane Doe #1 while she was playing hide-and-seek near her home with friends. The inmate was 24 years old, 5 feet 11 inches, and weighed 205 pounds. His victim weighed 57 pounds. Brown pulled her in to his red van as she kicked and screamed to get away. Brown was a stranger to his victim and told her that he would hurt her if she did not shut up. He drove her to an unknown location and parked the van. The inmate forced Jane Doe #1 to orally copulate him before removing her underwear and raping her. Brown ejaculated and left semen on the victim's clothing. After the rape, the inmate drove the victim to a parking lot and dropped her off, telling her to go home and warning that he would return and hurt her if she told anyone about the sexual assault.

The Santa Ana Police Department began a massive search for the unknown predator and investigated over 100 red vans as possible leads. The investigation was ongoing in October 1983, when Brown committed another violent sexual assault against a second child.

Oct. 1983 - Crimes against Jane Doe #2

At approximately 7:45 a.m. on Oct. 5, 1983, Brown kidnapped 7-year-old Nimol San, previously known as Jane Doe #2, as she was walking to school in Santa Ana. The victim has asked for her name to be used. She was a 34-pound immigrant from Cambodia and did not know Brown, then 25 years old. He approached her on the street, picked her up, and covered the screaming victim's mouth and nose with his hands as he put her in his red van.

Brown drove the victim to a cemetery and opened the door wide enough to show her where they were. He told San that if she didn't do as he said, she would be killed and buried in the cemetery with the other children who had not listened to him. Brown continued to drive for awhile before parking and dragging the victim into the back of the van. He put a knife to her chest and told her he would kill her if she told her parents or the police about him. He also threatened to find her at school the next day and cut her body into little pieces, as he had done with another child. The inmate showed the victim a box containing what appeared to be blood-stained clothing and put a second, larger knife near the box. Brown then slapped San and told her to shut up when she began to cry.

Brown placed the victim on a bed in the back of the van and ordered her to undress as he exposed his penis and rubbed her chest and vagina. The inmate began to rape the victim, but became angry that her small size made the rape difficult. He then forcibly sodomized her as she cried. After sodomizing the victim, he forced his penis in her mouth and ejaculated, causing her to vomit. Brown again threatened to kill the victim if she told anyone about the sexual assault and then pushed her out of the van, telling her to walk home. The lost, terrified, crying victim wandered to a nearby market, where an adult found her and called the police.

Feb. 1984 - On Feb. 17, 1984, Brown was arrested after officers observed him driving in a red van matching the description provided by San. Subsequent investigation revealed that the inmate was responsible for the sex crimes against both Jane Doe #1 and San.

Feb. 1985 - Conviction and Release from State Prison On Feb. 15, 1985, Brown was found guilty by a jury of two felony counts of kidnapping and five felony counts of forcible sex crimes against a child. The jury also found true the sentencing enhancements that Brown kidnapped both children for the purpose of molesting them, and that he used a deadly weapon and inflicted great bodily injury on San.

March 2009- In March 2009, Brown filed a Project Innocence request with the OCDA claiming that he was not the predator who had committed the vicious crimes against the two little girls. He signed a waiver with his request acknowledging that any evidence obtained as a result of re-testing would be used against him. The OCDA agreed to re-examine Brown's case using DNA technology that did not exist in 1983. While many of the evidentiary items were degraded and could not be forensically examined, Brown's DNA was positively identified from the sperm that was recovered from San's underwear.

April 2010 - As a result of his conviction, Brown was sentenced to 49 years in state prison on April 1, 1985. He was to receive credit and serve 50 percent of his sentence. Had Brown been convicted today of the same crimes, he would have received a sentence of over 300 years to life in state prison.

2009/2010 - The OCDA made consistent and repeated inquiries regarding Brown's release date in the interest of public safety due to the level of violence and perversion exhibited by Brown with the intention of providing relevant SVP assessment materials to DMH. The OCDA was informed that Brown would be eligible for parole in April 2011. In August 2010, the OCDA learned that Brown's release had been advanced to October 2010.

April 2010 - Despite the October 2010 date and without notification to either of his victims or the police department where he would be required to register as a sex offender, Brown was released in Orange County on parole from state prison on April 27, 2010. He was paroled to the home of friend Ruby Huggler in a residential area on Red Hill Avenue in the City of Tustin, approximately 350 yards from Spirit Academy, a school for children ages 5 to 18 years old. During this time, Brown went to SAPD to register as a transient sex offender. When interviewed by a detective during the registration process, Brown misrepresented the facts of the criminal cases and evidence against him and failed to accept responsibility for his actions by maintaining his innocence.

Brown quickly violated his parole by becoming transient and masking his GPS by failing to charge the battery to avoid being monitored. On May, 6, 2010, only 10 days after being released from prison, he was violated on his parole and sent back to state prison.

Aug. 2010 - Efforts by the OCDA to Have Brown Civilly Committed as an SVP Following numerous calls to determine Brown's parole date and learning of the pending October 2010 release, the OCDA sent a letter on Aug. 5, 2010, to DMH containing the inmate's Project Innocence materials. The letter details that despite the conclusive DNA finding, in addition to the strong eye-witness testimony, defendant statements, and forensic evidence presented during the 1983 jury trial, Brown continues to deny his guilt. The inmate has demonstrated no remorse or acceptance of responsibility for his crimes.

Despite a specific request by the OCDA, DMH failed to acknowledge receipt of the letter from Aug. 5, 2010. There was no indication that DMH provided the letter to any SVP evaluator for review or consideration. Again on Aug. 31, 2010, the OCDA sent DMH a letter detailing Brown's brutal crimes. The letter was sent with a lengthy 484-page packet that included police reports, evidence documents, and the Project Innocence information. The OCDA implored DMH to review these materials when conducting an SVP evaluation of Brown and continued to place numerous calls and requests, offering assistance.

Sept. 2010 - Finally, on Sept. 28, 2010, only four days before Brown was set to be released, and after repeated advocacy by the OCDA, DMH placed a 45-day hold on Brown for an SVP evaluation. No information was made available to the OCDA as to what evidence, if any, was considered in the evaluation. The OCDA was legally bound from filing SVP petition without a request from DMH and the inmate was scheduled to be released from state prison Nov. 17, 2010, prison with no immediate available legal recourse to the OCDA. It was later learned, on the day of Brown's release, that two pairs of evaluators had split in their opinions on whether Brown met the SVP criteria. The OCDA would need two concurring opinions in favor of SVP commitment in order to file a petition.

Nov. 16, 2010 - On the morning of Nov. 16, 2010, the OCDA, TPD, SAPD, and Senator Lou Correa held a press conference to warn the public that Brown was expected to be released the following day and DMH was blocking the OCDA from taking the necessary action to prevent it. The case received extensive television, radio, print, and Internet media coverage and local law enforcement received dozens of e-mails and phone calls from terrified and angry citizens wanting to assist the OCDA and police in stopping Brown's release.

TPD prepared a community notification flyer and began a door-to-door campaign to alert residents, and the OCDA invited the public to contact the Governor and DMH and provided a sample letter on its website, which was accessed by more than 5,300 citizens in two days.

Nov. 17, 2010 - Early on the morning of Nov. 17, 2010, the OCDA Public Affairs Unit was contacted by an Orange County woman who had seen the press conference media coverage of Brown's pending release. The woman stated that she had been a victim of Brown as a child in the late 1970s. The OCDA and TPD immediately began an investigation and developed evidence to support the victim's claim. While criminal charges could not be filed for this victim based on the expired statute of limitations, the OCDA forwarded the information on her case that afternoon to DMH.

One of the evaluators, who had previously opined that Brown did not meet SVP criteria, considered the emergence of the new victim and a memo from the SAPD detective who interviewed Brown during his brief April 2010 parole detailing the inmate's inability to take responsibility for his crimes. The OCDA was able to convince the evaluator to formally change her opinion in favor of an SVP classification for the inmate. This resulted in the requisite three of four evaluator opinions to allow the OCDA to file an SVP petition.

The OCDA immediately began preparing the necessary petition documents and a Superior Court Judge and his court clerks made themselves available to review the petition upon its completion. In order to file an SVP petition, the law required that the inmate be in the custody on the California Department of Corrections and Rehabilitation (CDCR). CDCR represented to the OCDA that Brown would be held in Chino State Prison until 11:59 p.m.

At approximately 5:00 p.m., as the OCDA was preparing to file the SVP petition against Brown, it was revealed that Deputy Warden Richard Alvarado from Chino State Prison had overruled the 11:59 p.m. hold and released the inmate sometime between 4:30 and 5:00 p.m. As a result of Brown's 7-hour early release, the petition was no longer valid and could not be filed.

The OCDA, TPD, and CDCR parole agents had prepared a plan to follow Brown, should he be released, and monitor him 24 hours a day until he checked in with his parole agents. This team was waiting outside the gates of the prison and followed Brown immediately upon his release. As a term of the inmate's parole, he was explicitly prohibited from riding in any car with any female. Brown signed and initialed that he understood the terms of his parole release. In clear view of the surveilling officers and Investigators, Brown immediately violated this parole term by getting into a vehicle outside of the prison with Huggler, the Tustin woman with whom he previously stayed during his brief parole in April 2010.

At approximately 5:30 p.m., less than an hour after being released from prison, OCDA Investigators and Tustin police officers performed a traffic stop of the inmate's vehicle and took him into custody for violating his parole. He was immediately transported back to Chino State Prison for the parole violation.

Dec. 2010 - On Dec. 22, 2010, CDCR and Secretary Matthew Cate revoked Brown's parole as a result of his Nov. 17, 2010, parole-violation arrest. Brown was sentenced to 90 days in state prison for the parole violation, giving the OCDA the ability to file a petition to have Brown declared an SVP.

TWO INMATES SENTENCED TO 15 YEARS IN PRISON FOR ROLE IN BEATING-DEATH OF FELLOW INMATE BELIEVED TO BE IN CUSTODY FOR CHILD MOLEST

January 18, 2011

Orange County District Attorney's Office

* These are the second and third defendants to be convicted in this case; six additional defendants are charged with murder

SANTA ANA - Two jail inmates were sentenced today for their role in the beating-death of a fellow Theo Lacy Facility inmate who was believed to be a child molester. Christopher Teague, 34, Long Beach, and Jeremy Dezso Culmann, 27, Corona, pleaded guilty to one felony count of voluntary manslaughter and were each sentenced to 15 years in state prison.

Co-defendant Michael Stewart Garten, 25, Santa Ana, pleaded guilty Jan. 11, 2011, to one felony count of voluntary manslaughter and was sentenced to 20 years in state prison. Six additional inmates are charged in this case with one felony count of murder and face a maximum sentence of 25 years to life in state prison if convicted. Those defendants are Garrett Eugene Aguilar, 28, Anaheim, Stephen Paul Carlstrom, 42, Anaheim, Miguel Angel Guillen, 48, Santa Ana, Eric Charles Miller, 25, Huntington Beach, Jared Louis Petrovich, 26, Tustin, and Raul Villafana, 24, Santa Ana. Miller is scheduled for a pre-trial hearing on July 15, 2011, at 9:00 a.m. in Department C-35, Central Justice Center, Santa Ana. The remaining five defendants are scheduled to face a jury trial Feb. 18, 2011, at 9:00 a.m. in Department C-35, Central Justice Center, Santa Ana.

On Oct. 5, 2006, Teague, Culmann, and a group of inmates targeted inmate John Chamberlain because they believed him to be a child molester. Chamberlain was in custody on possession of child pornography charges. These inmates are accused of beating Chamberlain repeatedly inside a cell in the jail facility by punching, kicking, and stomping on him. Teague and Cullman punched Chamberlain multiple times at the onset of the attack and then left the cell as other inmates continued to beat the victim. Chamberlain was transported to the hospital, where he was pronounced dead.

A Special Criminal Grand Jury (SCGJ) was empanelled in May 2007 at the request of the Orange County District Attorney's Office (OCDA) to investigate Chamberlain's death. The full report detailing the finding of the SCGJ was released by the OCDA April 7, 2008. To view this report, visit the OCDA website at www.orangecountyda.com/docs/chamberlain_report.pdf.

Senior Deputy District Attorney Ebrahim Baytieh and Deputy District Attorney Keith Bogardus of the Homicide Unit are prosecuting all of the defendants in this case.

JAPANESE NATIONALS ARRESTED ON CHARGES OF SMUGGLING TURTLES AND TORTOISES FROM JAPAN INTO THE UNITED STATES

 US Department of Justice

        LOS ANGELES – Two Japanese nationals have been arrested on federal animal smuggling charges at Los Angeles International Airport after they allegedly brought into the United States approximately 55 live turtles and tortoises that were concealed in snack food boxes discovered in a suitcase.

        Atsushi Yamagami, 39, and Norihide Ushirozako, 49, both Japanese citizens who are believed to reside in Osaka, were arrested without incident early Friday morning by special agents with the U.S. Fish and Wildlife Service.

        Yamagami and Ushirozako are charged in a two-count criminal complaint filed this morning that alleges one count of illegally importing wildlife into the United States, a smuggling offense that carries a statutory maximum penalty of 20 years in federal prison, and one count of violating the Endangered Species Act, a misdemeanor that carries a statutory maximum penalty of one year in prison.

        At their initial court appearances this afternoon in United States District Court, both Yamagami and Ushirozako were ordered detained without bond. An arraignment in the case has been scheduled for January 31.

        The case against Yamagami and Ushirozako is the result of an undercover investigation that started one year ago when U.S. Fish and Wildlife agents obtained information about a smuggling operation that was illegally bringing turtles into the United States. In July 2010, agents infiltrated the smuggling ring and purchased approximately 10 protected turtles and tortoises from a person linked to Yamagami and Ushirozako. The turtles and tortoises purchased in the undercover operation were all species protected by the Convention on International Trade in Endangered Species (CITES), an international treaty that protects species being threatened by international trade. Species protected under CITES can legally traded only if the exporting country issues a permit.

        In August 2010, Hiroki Uetsuki, an associate of Yamagami and Ushirozako, traveled from Osaka, Japan and arrived at Honolulu International Airport.  Customs and Border Protection Officers discovered approximately 42 CITES-protected turtles and tortoises hidden in Uetsuki’s checked luggage. After U.S. Fish and Wildlife agents arrested Uetsuki, he informed the agents that Yamagami paid him approximately 100,000 yen (approximately $1,200) and his travel expenses to smuggle turtles and tortoises into the United States. Uetsuki pleaded guilty in federal court in Hawaii to a smuggling charge and is scheduled to be sentenced on February 7.

 

        “Individuals who engage in the smuggling of protected species are unscrupulous law violators who are motivated solely by profit and status, and clearly have no respect for our ecosystem,” said Erin L. Dean, Resident Agent in Charge of the Fish and Wildlife Service’s Office of Law Enforcement. “Individuals who participate in the illegal take and trade of protected animals are irreparably harming natural populations and, sadly, contributing to the decline of many types of fragile and delicate species worldwide. The U.S. Fish and Wildlife Service will diligently pursue those individuals who profit from their involvement in the illegal wildlife trade.”

        The charges contained in the criminal complaint are merely accusations and the defendants are presumed innocent unless and until proven guilty in court.

        Operation Flying Turtle was conducted by the U.S. Fish and Wildlife Service, which received substantial assistance from the United States Postal Inspection Service, U.S. Immigration and Customs Enforcement's Homeland Security Investigations, and U.S. Customs and Border Protection.

        “The plundering and smuggling of rare plants and animals to satisfy the desires of hobbyists is not only shameful, in some circumstances it can pose a threat to public safety and the environment,” said Claude Arnold, Special Agent in Charge for ICE’s Homeland Security Investigations in Los Angeles. “ICE’s Homeland Security Investigations will continue working closely with its federal law enforcement counterparts not only to identify those involved with this type of trafficking, but to seize the assets and profits generated by their illegal activities.”

OCDA ANNOUNCES DECISION TO SEEK DEATH PENALTY AGAINST MAN FOR EXECUTION-STYLE DOUBLE MURDER OF STANTON SALES ASSOCIATE AND SECRETARY

January 10, 2011

Orange County District Attorney's Office

SANTA ANA - Orange County District Attorney (OCDA) Tony Rackauckas announced today he will seek the death penalty against a man for the double-murder of a Stanton sales associate and his longtime secretary.

Hilbert Pineil Thomas, 39, Garden Grove, is charged with two felony counts of special circumstances murder for multiple murders, murder during the commission of robbery, and murder during the commission of burglary. He is also charged with one felony count each of second degree robbery, second degree commercial burglary, and the unlawful taking of a vehicle. Thomas is being held without bail and is scheduled for a pre-trial hearing Feb. 4, 2011, at 9:00 a.m. in Department C-40, Central Justice Center, Santa Ana.

Before the death penalty is pursued by the OCDA, a special circumstances committee will meet and confer. The committee consists of the District Attorney, the Senior Assistant and the Assistant in charge of the Homicide Unit, and other prosecutors experienced in capital cases. The committee will discuss the defendant's record, the nature of the crime, and the vulnerability of the victim, among other factors. The committee also considers mitigating circumstances from the defense attorney. The final decision to pursue the death penalty rests on the District Attorney.

The decision to seek the death penalty against Thomas was reached based on the seriousness and gravity of the execution-style double murder, the motivation for the crime, and the background of both the defendant and the innocent victims.

On the morning of Feb. 2, 2009, Thomas is accused of walking past Golden Sun Homes business office on Beach Boulevard in Stanton while taking his niece to school. He is accused of living approximately 500 feet from the business. The defendant is accused of deciding to murder the employees inside in order to steal a car belonging to a secretary for the business.

After dropping off his niece, Thomas is accused of walking in to Golden Sun Homes and shooting and murdering Matthew Francis Scott, a sales associate and son of the business co-owner. He is accused of shooting and murdering long-time secretary Elizabeth Ann Palmer execution-style in the head. Both victims were shot execution-style in the head. Thomas is accused of then stealing Palmer's Lexus sedan and fleeing the scene.

On Oct. 13, 2009, Thomas was served with a protective order by the Orange County Sheriff's Department (OCSD) barring him from having contact with his ex-wife after having set her car on fire in Los Angeles County. As a term of the protective order, Thomas was ordered to turn over all of his firearms to law enforcement. On Oct. 24, 2009, after months of searching for the vehicle, police found the stolen Lexus parked at the El Dorado Inn on Lincoln Avenue in Anaheim.

On Oct. 26, 2009, Thomas is accused of turning over a firearm to the Los Angeles Sheriff's Department (LASD) to comply with the protective order. On Oct. 28, 2009, OCSD determined that Thomas had been in possession of the stolen vehicle and began investigating him for the murders of Scott and Palmer. An investigation into Thomas' background showed that he had recently been contacted by LASD. Thomas is accused of having turned over the firearm used in the Orange County murders to LASD.

Senior Deputy District Attorney Ebrahim Baytieh of the Homicide Unit is prosecuting this case.

LAW ENFORCEMENT SEEKS PUBLIC'S HELP IDENTIFYING MAN WHO ASSISTED IN DUMPING INTOXICATED WOMAN IN ALLEY AFTER RAPE BY FRIEND

January 7, 2011

Orange County District Attorney's Office

SANTA ANA - Law enforcement is seeking the public's help in identifying a man who assisted in dumping an intoxicated woman in an alley after his friend raped her in the back of a car.

Two defendants have been charged in this case and the identity of the third man is unknown. Akeem Jelani Johnson, 27, Tustin, is charged with one felony count of rape by use of an intoxicating substance and faces a maximum sentence of eight years in state prison if convicted. He is out of custody on $100,000 bail. Bradley Joseph Stelly, 27, Tustin, is charged with one felony count of accessory after the fact and faces a maximum sentence of three years in state prison if convicted. He is out of custody on $20,000 bail. Johnson and Stelly are scheduled for a pre-trial hearing Jan. 27, 2011, at 9:00 a.m. in Department C-55, Central Justice Center, Santa Ana.

A fourth man was present with the defendants at the time of the crime. He has been identified by law enforcement but his name has not been released pending further investigation and possible filing of criminal charges.

Sometime between 1:00 a.m. and 2:00 a.m. on Nov. 26, 2010, Johnson, Stelly, and an unidentified friend are accused of talking with 47-year-old Jane Doe, whom they met for the first time that night, at Godfather's bar in Tustin. The victim was in Orange County from Australia visiting family and was visibly intoxicated, including unsteady balance and difficulty walking without assistance.

Johnson is accused of taking the unsteady victim outside to his parked sport utility vehicle (SUV) and putting her in the back seat. He is accused of raping her in his car while she was unable to resist due to intoxication. Stelly and the unidentified friend are accused of standing directly outside the vehicle during the rape knowing that the victim was intoxicated and being assaulted inside.

After the rape, Johnson is accused of getting out of the vehicle. The three defendants are accused of lifting partially-clothed Jane Doe from the car by holding her arms and feet in the air and carrying her into the alley on the side of the bar. They are accused of dumping her body on an old, dirty mattress and fleeing the scene. A witness who observed the victim being carried called 911 and provided the license plate number from the defendants' SUV.

Officers from the Tustin Police Department (TPD) responded to the scene and located Jane Doe in the alley on the mattress. She was unresponsive, incoherent, and unable to stand without assistance due to alcohol intoxication.

Johnson was arrested later that day based on the license plate number provided by the witness. Stelly was arrested Nov. 29, 2010, after additional investigation by TPD. The identity of the third man is unknown. Surveillance photographs of the man taken inside the bar are available to the media.

Anyone with additional information as to the identity of the third man is encouraged to contact Tustin Police Detective Bonnie Breeze at (714) 573-3240 or Supervising District Attorney Investigator Randy Litwin at (714) 347-8794.

Deputy District Attorney Jess Rodriguez of the Orange County District Attorney's Sexual Assault Unit is prosecuting this case.

OCDA SEEKS PUBLIC'S HELP IN IDENTIFYING POTENTIAL ADDITIONAL VICTIMS OF CAB DRIVER CHARGED WITH RAPING PASSENGER AFTER KNOCKING HER UNCONSCIOUS

January 4, 2011

Orange County District Attorney's Office

WESTMINSTER - The Orange County District Attorney's Office is seeking the public's help in identifying potential additional victims of a taxi driver charged with rape for sexually assaulting a female passenger after knocking her unconscious.

Orlando Bruce Bosley, 57, Westminster, faces a maximum sentence of eight years in state prison if convicted and is out of custody on $100,000 bail. He is scheduled for continued arraignment Jan. 18, 2011, at 9:00 a.m. in Department W-15, West Justice Center, Westminster.

Late on the night of July 6, 2010, 45-year-old Jane Doe called "A White & Yellow Cab, Inc." for a ride after having drinks in Sunset Beach. Bosley is accused of picking up the intoxicated victim in his cab and driving her to her mother's Seal Beach home, where she was staying while her mother was out of town.

When Jane Doe looked down into her purse for cab fare, Bosley is accused of punching the victim in the face and rendering her temporarily unconscious. The defendant is accused of taking Jane Doe to her home and raping her inside the house as she went in and out of consciousness.

Anyone with additional information or who believes they have been a victim is encouraged to contact Supervising District Attorney Investigator Randy Litwin at (714) 347-8794.

Deputy District Attorney Nikki Buracchio of the Sexual Assault Unit is prosecuting this case.

FATHER AND GRANDPARENTS SENTENCED TO JAIL FOR ABDUCTING 2 AND 4-YEAR-OLD SONS

January 5, 2011

Orange County District Attorney's Office

FULLERTON - A father and his parents were sentenced yesterday for the abduction of his 2 and 4-year-old sons from outside the Anaheim home where they lived with their mother. Abraham Fernandez, 23, and his father Louis Mendoza Fernandez, 52, both of Houston, pleaded guilty Jan. 4, 2011, to two felony counts of child abduction and were sentenced to 270 days in jail and three years of formal probation. Abraham Fernandez's mother, Elizabeth Fernandez, 42, Houston, pleaded guilty Jan. 4, 2011, to two felony counts of child abduction and was sentenced to 90 days in jail and three years of formal probation.

Co-defendants David Daniel Nicholas, 26, Monrovia, and Linda Fernandez, 29, Monrovia, are 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. Nicholas and Linda Fernandez are scheduled for continued arraignment Jan. 19, 2011, at 8:30 a.m. in Department C-5, Central Justice Center, Santa Ana.

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 their 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 drove into the alley in a Dodge Caravan and quickly stopped the car. Louis Fernandez, who had been driving, got out of the vehicle and grabbed John Doe #1, who was standing next to his mother. Louis Fernandez put John Doe #1 in the back of the van using the sliding side door.

Abraham Fernandez then got out of the van and took John Doe #2 from his screaming mother's arms. The defendants got back into the vehicle with the child and sped in reverse out of the alley, fleeing the scene. Witnesses called 911 and the Anaheim Police Department (APD) responded to the scene. An AMBER Alert was immediately issued for the silver van.

After the kidnapping, the defendants drove 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 the 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.

Elizabeth Fernandez was charged Nov. 2, 2010, with two felony counts of kidnapping and two felony counts of child abduction for her role in knowingly withholding information on the whereabouts of the children from their mother.

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, who had fled to Texas with the two children. Louis Fernandez surrendered to APD on Dec. 9, 2010, and Abraham Fernandez turned himself in to Texas authorities Oct. 26, 2010.

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

LAW ENFORCEMENT AGENCIES LAUNCH ORANGE COUNTY REGIONAL COMPUTER FORENSICS LABORATORY TO FIGHT HIGH-TECH CRIMINALS AND SOLVE CYBER CRIMES

January 5, 2011

Orange County District Attorney's Office

SANTA ANA - Ten Orange County law enforcement agencies announced today the launch of the Orange County Regional Computer Forensics Laboratory (OCRCFL) to respond to technological advances and more computer savvy criminals. The laboratory is funded by the Federal Bureau of Investigation (FBI) and is made up of participating agencies which assist with regional, State, and federal cases.

"Gang members boast their crimes on Facebook and intimidate using websites. Pedophiles hide child pornography and delete data files. Major fraud evidence is stored digitally. Cyber criminals use disguised USB drives to make detection difficult," said District Attorney Tony Rackauckas. "This partnership pools our limited resources to fight cyber crime and stay one step ahead of criminals."

OCRCFL is a full-service forensics laboratory and training center devoted to the examination of digital evidence and available to multiple law enforcement agencies. Forensic examiners utilize the most cutting-edge technology to extract information from digital devices and investigate crimes ranging from homicide and child pornography to terrorism and major fraud. The lab was created to respond to the growing number of crimes perpetrated using the Internet, cell phones, and other technology, which provide dangerous criminals greater access to citizens' personal and private information. OCRCFL arms law enforcement agencies with the expertise and equipment to combat these cyber criminals.

Prior to the OCDA's participation in OCRCFL, the OCDA's High-tech Crimes Unit ensured that Orange County law enforcement could successfully process and analyze digital evidence to support and solve high-tech crimes. The Unit provided support to other law enforcement agencies through computer forensic analysis, training, and search warrant service. In 2009 and 2010, the Unit processed 94.8 terabytes of data, the equivalent to over nine times the volume of data in the Library of Congress.

FBI Assistant Director In Charge Steve Martinez is Chair and District Attorney Tony Rackauckas is Vice-Chair of OCRCFL. The OCRCFL Executive Board is comprised of Orange County Sheriff Sandra Hutchens, Anaheim Police Chief John Welter, Fullerton Police Chief Michael Sellers, Irvine Police Chief David Maggard, Newport Beach Police Chief Jay Johnson, Santa Ana Police Chief Paul Walters, Westminster Police Chief Mitch Waller, and Deputy Director of California Department of Toxic Substance Control Gale Filter.