As Baltimore Prosecutor Marilyn Mosby Turns Defendant, Residents Debate Political Persecution
Baltimore State's Attorney Marilyn Mosby has been calling the investigation into her finances a “witch hunt,” and some local residents agree with her, while others say she needs to be held to the same standards as anyone else.
Baltimore residents who were interviewed by The Baltimore Sun were divided after she was indicted by federal prosecutors. Are the charges justified? Or is the indictment politically motivated because she's a progressive prosecutor who's shaken up the status quo?
Since her election in 2014, she has been a polarizing figure. Now she's facing felony charges that could lead to federal prison time. She is facing two counts of perjury and two counts of making false statements on loan applications to buy properties in Florida.
Federal prosecutors claim she cited financial hardship because of the coronavirus pandemic under the federal CARES Act, but Mosby denies the allegations.
Dmitry Gorin of the Los Angeles-based criminal defense law firm Eisner Gorin LLP, has defended lenders and borrowers in mortgage and other real estate fraud cases.
He said that such charges are filed frequently and they require the government to prove fraudulent intent and that she knew she was lying.
Dmitry was quoted in the article: "It's a crime that amounts to essentially defrauding a bank and can be proven based on documents signed under the penalty of perjury.”
Gorin and others further said that the United States attorney was not likely to have brought an indictment against a high-profile public official without investing considerable time and resources. Read Article Here.
Fox 11 - Los Angeles County DA's Chief of Staff Arrested
The chief of staff for the Los Angeles County district attorney was arrested for allegedly being drunk in public. Joseph Iniguez is the chief of staff for George Gascón, who is in charge of the largest local prosecutorial office in the United States.
Iniguez told the LA Times he believed his arrest was in retaliation for filming his fiancé's encounter with the police during a recent traffic stop in Azusa. The vehicle driver was not arrested, but police arrested Iniguez, who was the passenger, for public intoxication.
He was released shortly after booking for public drunkenness and has filed a complaint with the internal affairs department.
Our law firm partner, Dmitry Gorin, was quoted in the article: "It's just unbelievable that a passenger in a vehicle, not just someone walking in the street, is actually being detained, charged and then having to go through the jail process for just being intoxicated."
Mr. Iniguez failed a test with the police, in terms of an attitude test. We always say in criminal defense, that if you flunk the attitude test with law enforcement its possible you're going to jail." Read Article Here.
LA Times - Resentencing Denied for Mom in Torture-Murder Case
A judge denied a resentencing request by a Palmdale woman who pleaded guilty to first-degree murder in the death of her 8-year-old-son, who died after months of getting beat, starved, and tortured. He was also forced to eat cat feces and sleep handcuffed in a small wooden drawer.
Pearl Fernandez, 37, was sentenced to life in prison without parole three years ago for her role in the murder. Her boyfriend was sentenced to death. His automatic appeal to the California Supreme Court is pending.
As part of her plea, she gave up her right to appeal. But in a petition, she asked the judge to review her sentence due to recent changes to state law that affects some people convicted of murder under a theory that does not require intent to kill, including felony murder or a natural and probable consequences theory.
She indicated in the petition that she was not her son's actual killer and did not act with intent to kill or even assist in his killing. She also stated that she was not a major participant in the crime or did not act with reckless disregard to human life.
Our law firm partner, Dmitry Gorin, who was not involved in the case, stated that he receives calls almost daily concerning resentencing, but that most seeking relief don't qualify for it under state law.
He was quoted in the article: “I think people in the community read news stories about laws changing and defendants having their sentences reduced. So they naturally believe their family members are eligible to be released from prison,” he said. “In reality, very few people are actually entitled to relief under the new California statutes.”
According to Gorin, most murder convictions, which represent a very small number of cases in Los Angeles criminal courts, are secured with theories for criminal culpability not covered by the statute for release. Read Article Here.
USA Today - Police Say the Criminal Investigation of Dodgers pitcher Trevor Bauer "bigger than we thought"
Just hours before Los Angeles Dodgers pitcher Trevor Bauer was placed on administrative leave by Major League Baseball, a Pasadena Police Department spokesman said the investigation into allegations he sexually assaulted a woman is “bigger than we thought.''
Lt. Carolyn Gordon, who is leading the investigation, said they have received new leads and some things have been uncovered, but they have to continue their investigation.
The alleged victim has filed for a domestic violence restraining order, known as an ex parte order, which was granted by the judge. She said she was very concerned that no arrests have been made or charges filed. Bauer's defense lawyer claims the sexual encounter was wholly consensual.
Dmitry Gorin, a former senior deputy district attorney in Los Angeles who is now a criminal defense attorney, said in the article that any investigation against a high-profile figure usually takes more time.
He was quoted in the article: “And when you had the forces and dynamics of the pandemic happening and other cases ahead of this one in terms of when they came to the police department, it doesn't surprise me at all.''
"It's consistent with what I've seen from my own clients that they get arrested under investigation and we don't get a decision for six months. So it's consistent with what I've seen in the criminal justice system right now.'' Read Article Here.