Wednesday, May 27, 2009

Jury Returns Verdict in San José Cop Killing Trial—Guilty!











Deputy District Attorney Lane Liroff 

San José Police Officer Jeffrey Fontana

The Fontana family has made the trip to Santa Clara County Superior Court Department 38 too many times to count over the past 7 ½ years. After today, they have one more trip to Judge Diane Northway’s courtroom, and justice will be served. That one last trip will be for the sentencing hearing of DeShawn Campbell.

Campbell has been found guilty of murdering San José Police Officer Jeffrey Fontana on October 28, 2001. Campbell faces a mandatory sentence of life in prison.

Police actually solved this case quickly—and it wasn’t hard to do. Campbell left his father’s tan Hyundai (keys in the car) in the cul-de-sac where he’d gunned down Jeff after (presumably) a routine traffic stop. Residents of the cul-de-sac reported hearing one set of footsteps running from the scene. The car was quickly traced back to Campbell’s father, who tried to tell police that he’d sold the car to a Hispanic woman.

Only problem was that was a lie, and DeShawn’s prints were all over the car.

The gun used to assassinate Jeff was quickly traced to Campbell’s house. The gun was dismantled by one of Campbell's friends.

Campbell was on the run—for less than two weeks.

The long and winding road to justice in this case has had more than its share of roadblocks—attorneys removed because of conflict of interest, psychologist shopping to find someone who would declare Campbell mentally retarded, taking the death penalty off the table. Through all of this, the Fontanas maintained a quiet dignity, sitting on the prosecution side of the courtroom, reminding the court that this was a murder trial, and that one of their own was the one dead.

For an excellent chronicle of the trial, check out Greg Fontana’s blog, Justice for Jeffrey.

Thanks to the jury, who managed to see the truth through all of the defense’s B.S., and peace and blessings to the Fontana family.

Jeff would be proud.

DeShawn Campbell found guilty in shooting death of San Jose police officer

Verdict Reached in DeShawn Campbell Trial

Tuesday, May 26, 2009

Casey Anthony's Criminal Case: Motions to be heard Thursday, New death penalty attorney to be revealed

UPDATE!

Late this afternoon, Jose Baez filed a MOTION TO AMEND AND SUPPLEMENTAL MOTION TO SEAL THE JAIL VIDEOTAPE TAKEN IN THE MEDICAL FACILITY ON DECEMBER 11, 2008.

Citing depositions of jail personnel, Baez states,

There is no doubt that even after two depositions surrounding the December 11, 2008 incident where Casey Anthony visited the medical facility in the Orange County Jail for medical treatment that this video must remain sealed for medical privacy and other reasons that have now developed.

The fifteen page document is quite a read! Baez quotes from depositions he took not long ago and without reading the entire transcript, it's difficult to know the entire context, but it sounds as though Baez is appalled at the shocking treatment Casey received.

It is disappointing to learn from the motion, in the form of a footnote, that the State does not plan to use the video of Casey and Baez that was also on video. So, it seems we'll never get to see it.

In addition, Jesse Grund has also filed an objection to the release of his phone records.

WESH

We've back in Judge Stan Strickland's courtroom this Thursday, May 28 for yet another motions hearing. The hearing is scheduled to begin at 10 AM.

The main focus of the hearing is to hear arguments concerning Jose Baez's EMERGENCY MOTION FOR PROTECTIVE ORDER AND OTHER RELIEF. The media has concentrated on one section of the motion which asks the court to prohibit the release the video of Casey Anthony's reaction to the news that the skeletal remains of a child had been found on Suburban Drive, a short distance from the Anthony home. The video in question is one of Casey Anthony in the waiting room of the clinic viewing television coverage of the morning's events.

He is asking for Judge Strickland to enter a protective order which would prohibit the State and law enforcement agencies from:

1) Monitoring and/or disclosing any communications between Casey Anthony and her attorneys or attorneys (sic) agents;

2) saving any video or audio taping the Defendant and Defendant's counsel while meeting;

3) disclosing to anyone anything that occurred in the meetings;

4) turning over all video or audio tapes or reports or other methods of memorializing meeting between the attorney and client;

5) conducting a full testimonial hearing to determine who authorized that the communications, tapes be saved, reported on, or otherwise authorized all discussed herein;
This one is confusing to me since the paragraph began with the motion asking the judge to prohibit these events from occurring!

6) order that any discovery which has as a part communications with the attorney not be disclosed to the public;

7) order a testimonial hearing on the issue if it deems necessary;
Same comment as for #5.

8)any and all other relief that is within the power of this court.

This is the "short" of the motion. The main thrust seems to be that Mr. Baez suspects the prosecution of colluding with jail personnel to monitor his meetings with his client. In section 11 of the motion, Baez states that,

Since no conversations between the client and her attorney occur in front of any jail personnel - the means by which this communication was obtained is highly questionable to say the least.

Baez is also concerned about the fact that,

...the interview of Lt. Tammy Uncer discusses her medical state in a medical facility and also her medical history at that facility.

Oopsie! The State accidentally released that interview.

To really get the flavor of Baez's outrage, you really need to go to the actual document and read it for yourself.

I am looking forward to the hearing just to hear the arguments on this one. Does anyone else think that tempers may flare a bit?

There are other motions which are scheduled to be heard on Thursday. The main motion is Baez's MOTION FOR APPLICATION FOR SUBPOENA DUCES TECUM in which he asks for extensive communications information from Roy Kronk, Jesse Grund, Tony Lazzaro, Richard Cain, Cindy Anthony, George Anthony, Lee Anthony, Ricardo Morales, Amy Huizenga, Dominic Casey, James Hoover, and Keith Williams. As of date, Roy Kronk, Amy Huizenga, and Richard Cain have filed objections to the wide-ranging motion which asks for:

Any and all records for telephone usage, including by not limited to: phone calls, text messages, P2P communications, Internet usage, WAP usage, cell tower pings, etc, which pertain to the aforementioned individuals.

There are no limiting dates, which mark this motion as an extraordinary fishing expedition. If granted, I can't begin to imagine how tall the stack of records would be if printed out and neatly piled. I would hope that, were the motion were to be granted, Mr. Baez would have a literal army of researchers ready to spend the rest of their working lives sorting out the information.

However, it is highly unlikely that the motion will be granted as written. Those who have filed objections point out the highly intrusive nature of the request. They cite their right to privacy, something Mr. Baez should understand. Both Kronk and Huizenga state in their motions that they have no objection to producing information relating to the case.

Finally, there will be a bit of theater at the hearing. Jose Baez has announced that he will "introduce" the newest member of the "Dream Team" to the court. This will be the new death-penalty qualified attorney.

See you in court Thursday!

Saturday, May 23, 2009

Huckaby Doesn’t Enter a Plea and Faces New Charges

Melissa Huckaby appeared in court yesterday, but did not enter a plea in the kidnap, rape and killing of 8-year-old Sandra Cantu.

Prosecutors filed an amended complaint against Huckaby on Thursday that added one count of child endangerment and two counts of furnishing someone a harmful substance.

Two of the added charges stem from the January17 incident involving a 7-year-old girl who lived in the Orchard Estates Mobile Home Park. The girl's mother told police Huckaby took her 7-year-old child without her or her family's permission.

Observing her daughter acting strangely, Lora Polk took her to the hospital where she was tested and found to have muscle relaxants in her system.

Huckaby is also accused of giving an unspecified drug to Daniel Plowman, 36, of Hayward.

Plowman was arrested on suspicion of being under the influence of a controlled substance after crashing his car into a wall at McDonald’s. He was never charged with a crime.

The complaint against Huckaby, in both cases, alleges she "willfully and unlawfully mingled a harmful substance with food or drink" with the intent it be taken by a human.

Huckaby is next scheduled to appear in court on June 12. Deputy Public Defender Sam Behar requested the postponement due to the amended complaint and the estimated 1,000 pages of evidence he needs to review.

Prosecutors have not decided whether to pursue the death penalty.

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