Forensic DNA testing has reached an all-time high in San Diego crime labs. What has always been so famed in Hollywood crime shows has now become incredibly successful in solving real life crimes. So successful in fact, that recently law enforcement crime labs are bursting with more work than they are equipped to handle. In 2013 alone, the Sheriff’s Regional Crime Laboratory staff is projected to send about 2,900 requests for DNA analysis. Currently, the lab has a backlog of nearly 180 cases, which is lower than the average of anywhere from 200 to 400 cases. San Diego labs have just received a federal grant of about $380,000 to help manage that backlog and press on into future endeavors, which they have come to count on thanks to the U.S. Justice Department’s DNA Backlog Reduction Program. The purpose of the program and grant money is to avoid labs from slipping too far behind on cases. The grants also go towards overtime pay, software programs, equipment purchase and maintenance, resulting in reducing the use of government budgets to pay for permanent funding. Steve Guroff, supervising criminalist at the San Diego County Sheriff’s Regional Crime Lab stated, “If we didn’t have these grants, we’d still have DNA analysis. But we wouldn’t be as responsive to the needs of our clients. They give us a lot of flexibility to do what we do.” With 19 criminalists and supervisors, the sheriff’s DNA crime lab serves sheriff and district attorney’s investigators and almost every police agency in the county. Guroff also said that he intends to buy an $110,000 DNA analyzer that runs eight samples at once to replace an aging machine that does only one at a time and stated, “These grants mean we don’t have analysts waiting for equipment. Our backlog actually is lower than in the past. We’ve squeezed all the inefficiencies out of the system.”

Once a case has been issued, if analysis results are not fulfilled within 30 days the case is then considered backlogged. Although the chemical processes only take on average a few days, most requests are taking 60 to 90 days to get to. Guroff explained that much of that time is waiting to receive confirmation from the investigator or prosecutor that a crime case is moving forward and DNA information is still needed. He stated, “We don’t want to bog down our system with unnecessary procedures.” Lab manager Jennifer Shen also added that, “We’re trying to update our equipment to the latest and greatest. Another way of handling the high case load has been prioritizing requests. All test requests where the suspect’s identity is known generally fall to lower priority over requests where the suspect’s identity is not known. Guroff estimated that this year alone, requests to the lab will be up about 17 percent and continue to rise again in 2014 by 10 percent. This rise is contributed to the fact that DNA analysis is now being used to solve property crimes, burglaries, and other smaller-scale crimes rather than only violent crimes, such as rape and murder, as it was used for originally. “A large reason our requests have gone up so much is, we can look for smaller and smaller amounts of DNA to get a profile,” Shen said. “We don’t have to visibly see it to get a sample of it now. Maybe a bank robber leaves a hat or glove behind. You can get a DNA profile off that.” In fact, about 75 percent of the DNA caseload now is for property crimes. “Once we started getting results and prosecutions, that raised the demand. It helps investigators reduce the crime rate and increase public safety,” Guroff said.

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19-year-old Carly Rousso was accussed of killing 5-year-old Jaclyn Santos Sacramento while allegedly driving under the influence of inhalants. Previous to driving around in Highland Park, Rousso had used the substance difluoroethane which is used to clear dust. Sacramento, along with her mother and two siblings, had been walking along the sidewalk when Rousso, who was under the influence, ran over Sacramento with her car resulting in her death. Rousso plead not guilty to four counts of aggravated driving under the influence of intoxicating compounds and two counts of reckless homicide.

In the past decade, the use of inhalants has increased drastically as a means to get the same high as other drugs like cocaine and ecstasy, especially among the younger generation. These can include sniffing glue or burnt cinnamon. Alternative methods of obtaining similar highs are attractive to the youth because these everyday items are easily accessible and are at a low-cost. Users of inhalants claim that there is no danger to the public when using these substances, which is why they are not regulated under the Controlled Substances Act. However, one teenager learned differently.

Rousso’s attorney made a motion to dismiss the case, as difluoroethane is not a substance listed in the “‘Use of Compounds Act,’ which defines intoxicating compounds and prohibits the use of 15 specifically enumerated substances.” If this motion does not succeed, Rousso faces a maximum sentence of 14 years for all six counts. If the letter of the law must be followed, then the defense may be correct in stating that the compound Rousso used is not included in the list of illegal substances; however, this brings up the question of whether or not the wording of the “Use of Compounds Act” and other similar laws should be altered so that any type of inhalants are included so that people can be charged with DUIs.

Another DUI arrest has yet again been tied to the NFL. Linebacker Aldon Smith of the San Francisco 49ers was released Friday on bail after crashing his truck into a roadside tree in San Jose and being arrested for suspicion of driving under the influence of alcohol and marijuana possession. Law officers responded to a call from a local resident that Smith had crashed in the city’s Silver Creek area at around 7a.m. At the scene, officials proceeded to give Smith breath tests and field sobriety tests, due to the fact that Smith hit a curb, a tree, and left serious skid marks all over the street. He was released from the Santa Clara County Jail late Friday morning, only a few hours after he was taken into custody. Santa Clara County Sherrif’s Sgt. Kurtis Stenderup told authorities Smith posted a $5,250 bail. Later Friday afternoon, Smith attended practice with his teammates in Santa Clara, where he declined to comment about his arrest to reporters. However, head coach Jim Harbaugh spoke to reporters stating that he expects that smith will play Sunday when the Niner’s host the Indianapolis Colts at Candlestick Parl. He said, “I expect Aldon-like today- he’ll be back to work and playing on Sunday. I anticipate that, yes.” Harbaugh also stated that Smith will receive any potential discipline from the NFL as he said, “There will be consequences. There always is. Good or bad, we all have consequences.” As for legal consequences, Smith is scheduled to appear in court on November 4th.

Last year, Smith played a significant role in helping the 49ers get to the Super Bowl, bringing in a record of 37 sacks in 34 career games, and going All-Pro last season. Smith went from a first-round pick out of Missouri in 2011 to last season’s team MVP. As a rookie, he made the rookie sack record that year and set the Niner’s franchise record with 191/2 sacks last season. However, even with this success, Smith has continually had trouble with the law. In January 2012, Smith was arrested on suspicion of drunken driving in Miami Beach and has currently found himself in part of a lawsuit involving a house party that went violent. In the suit filed in the Santa Clara County Superior Court earlier this month, Smith is said to have fired weapons illegally during a party at his own home in San Jose on June 29, 2012, injuring the plaintiff. The lawsuit seeks restitution for damages including serious, catastrophic, and permanent injuries.

Despite his rocky past, teammate and Pro Bowl tight end Vernon Davis said Friday that Smith’s arrest caught him by surprise, as the team continuously encourages good behavior and staying out of trouble. He stated, “Some guys listen, some guys don’t. You can take the horse to the water, but you can’t make him drink. It’s all about doing the right thing,” Davis said. “I’m sure he’ll come around. It’s just a matter of time. Hopefully, he’ll learn from this situation that he got himself into, and maybe it will come out positive instead of negative.” Hopefully Smith will take this most recent arrest as a wake up call to put his troubled past behind him and get focused and serious about his promising future in the NFL. If he doesn’t, it could mean destroying his career within the league. Smith, as well as anyone who is facing criminal charges, needs a strong and experienced attorney to represent him in court. For Smith, a powerful attorney could make the difference in getting him back to normal life faster and putting the legal consequences behind him.

Former San Diego police officer Anthony Arevalos is now serving more than eight years in prison for conduct that has sparked a compilation of lawsuits against the city and questioned the dignity of command staff. Whether or not command staff condoned Arevalos’ improper behavior is yet to be uncovered. Fourteen separate plaintiffs have sued the San Diego Police Department, eleven of which have settled and three of which are still pending. According to the City Attorney’s Office, of the eleven cases that have settled, the city is to pay $1.55 million in total compensation to the plaintiffs. The remaining cases yet to settle realistically portray how the department failed to discipline officers and the command staff provided special protections and treatment to specific employees and other law enforcement personnel.

Many of the allegations against the department contain testimony from other officers speaking of the corruption going on behind the scenes, which the department is strongly disputing as false. Lt. Kevin Mayer stated, “Trust within the community is essential, and maintaining that trust has always been a priority of the department.” However in a July deposition, an 18-year veteran of the department testified that police officials routinely hid officer misconduct from the public. This testimony was in support of a lawsuit issued by a woman who pleaded Arevalos molested her in a convenience store bathroom. Another testimony in this case from former sergeant Kevin Friedman revealed that the officer was taught to not ticket other officers, prosecutors, or investigators for traffic violations while in training at the police academy and admitted to destroying a dozen or more citations for friends throughout his career. He admitted that many other officers did the same. Last year, a data analysis by U-T Watchdog confirmed that one out of every 79 citations goes missing and perhaps Friedman’s testimony explains these occurrences. Friedman also said he let law enforcement officials’ family and friends slide when caught in legal scrapes because it was the department practice to do so. Former officer, Arthur Perea, testified that commanders favor officers who are “in the club” over those who are not and stated, “A lot of things that happened on the San Diego Police Department don’t ever hit the media. A lot of misconduct. Officers getting arrested for DUI off duty. DUI crashes. Beating up prostitutes. Pursuits involving other law enforcement agencies while off duty. Sex on duty. And those- and the code of silence is that the department keeps it quiet and does not release it to the media or outside of the department.” The surplus of allegations have succeeded in bringing to the surface many issues inside our legal entity here in San Diego, and it is important to remember that no one is exempt from the law and may find themselves facing legal charges.

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Be informed of DUI checkpoints in San Diego! Throughout the 3-day Labor Day weekend, law enforcement officers in San Diego will be in full force on the look out for intoxicated drivers and DUI violations. Sherriff Todd Murphy stated that the intent behind the checkpoint was to raise awareness of the dangers of drunken driving, to serve as a deterrent, and to promote public safety. Friday night starting at 7 p.m., the San Diego County Sheriff’s Department will put together a checkpoint within Poway city limits that will extend until 3 a.m. Murphy also stated that over the course of the patrol deputies will be on the lookout for drunken and drugged drivers as well as those without a valid driver’s license. The SDPD’s traffic unit has also planned to conduct checkpoints at several other undisclosed locations both Friday and Saturday night. The checkpoints will be in affect from 10 p.m. to around 4:30 a.m. San Diego Police Officer Mark McCullough stated that all checkpoints will be staffed by officers screening drivers for signs of drug or alcohol impairment because well publicized checkpoints have been proven effective in reducing the number of people killed or injured in drunken driving crashes.

In addition to Friday and Saturday night checkpoints, another checkpoint is said to go into action Sunday night beginning at 7 p.m. until 2:30 a.m. as part of the end-of-summer crackdown. The end-of-summer crackdown, put on by the National City Police Department, will inevitably continue over the holiday weekend with increased police presence on area roadways and several checkpoints throughout the county. National City Police Officer Manuel Rodriguez said, “The end of summer and Labor Day weekend is traditionally a time to have fun. Don’t let it turn into a time of tragedy or jail visit by driving impaired by alcohol or drugs. We will be out looking for those making that unwise and dangerous choice.”

Those who make that choice are not refined to any one group of people. According to the L.A. County Sheriff’s Department, NBA player Lamar Odom was arrested at 3:45 a.m. Friday morning for suspicion of driving under the influence of alcohol and/or drugs. CHP Officers pulled Odom over on the 101 Freeway for going too slow at 50 mph and showing obvious signs of intoxication. The cops believed that he was driving under the influence of both alcohol and drugs. After failing several field sobriety tests, Odom was booked in L.A. County Jail where he refused all chemical tests. According to other reports, Odom was possibly on a Crack binge over the course of the week prior to the arrest. Please keep in mind that DUI consequences can be severe and costly. If you or a loved one find yourself facing DUI charges, hiring an experienced criminal defense attorney is crucial for the betterment of your case and your life.

Local DUI checkpoints throughout San Diego resulted in sixteen arrests this past weekend. The checkpoints were achievable through a California Office of Traffic Safety “DUI Mini Grant”. Each sobriety checkpoint, in downtown San Diego, Santee, and Chula Vista, arrested the driver’s for driving while under the influence of alcohol. In all, San Diego police screened 885 of more than 2,000 cars that passed through the Saturday night checkpoints. Twelve people were arrested for drunken driving and three others for undisclosed reasons. All sixteen vehicles were taken by authorities and impounded and eleven other people were issued tickets for infractions. In addition, there was one arrest for a felony warrant and sixty other citations issued. All those convicted for driving under the influence of alcohol or drugs can expect vehicle storage fees, license suspension, fines and fees, jail time, the requirement to attend DUI classes and the possibility of higher car insurance rates. When facing DUI charges, it is highly beneficial for an individual to retain an experienced criminal defense attorney to obtain a desirable outcome of their case.

One of the DUI checkpoints conducted by the San Diego Department was located in the 1400 block of G Street in downtown’s East Village. In the time of the operation from 11:00 pm until 3:00 am, 2,257 vehicles passed through the checkpoint. Thirty-six motorists were detained for further evaluation, however at the end of the night twelve of the sixteen total arrests in San Diego were produced from this particular checkpoint. Officer Mark McCullough expressed his opinion on the issue when he stated, “The message is simple, drive sober or get pulled over. Drinking alcohol and driving do not mix. If you plan to consume alcohol, you should also plan not to get behind the wheel of a vehicle or ride a motorcycle.” Officer McCullough spoke of the two campaigns currently aimed at cracking down on DUI drivers which include the national “Drive Sober or Get Pulled Over” campaign led by the California Office of Traffic Safety and the National Highway Traffic Safety Association and the California DUI Task Force campaign which is geared towards combining high-visibility enforcement and heightened public awareness through publicity. The schedules for the campaign enforcement, as well as daily DUI arrests for the region, can be found online.

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A sheriff’s deputy in the Bay Area is suing his former employer in Federal Court for retaliation after claiming he was fired once his involvement in a DUI sting was revealed. The former reserve deputy sheriff, William Howard, made statements against the Contra Costa Sheriff’s Department stating the department ostracized, demoted, and fired him for informing superiors that Deputy Stephen Tanabe had coordinated a cover up with a private investigator. According to Howard, Tanabe wanted to frame a local winery owner, Mitchell Katz, for a DUI arrest and asked Howard to hide a package containing essential evidence of the case in his own home so that investigators would not be able to find it. In 2011, Katz filed a lawsuit claiming that the private investigator, Chris Butler, had tried to set him up. Katz stated that Butler’s employee invited him to a wine bar in Danville with the intent of persuading Katz to approve the production of a reality TV show of his winemaking business. Katz believes the real purpose behind the meeting was to lure Katz into getting drunk and driving under these conditions so that Tanabe could arrest him for a DUI. This charge against him would give his estranged wife leverage in ongoing custody proceedings the former couple where then dealing with. Katz also made clear in his lawsuit his belief that he was not the only individual who had been framed for DUI by Tanabe. With this information alone, the situation seems to reek of suspicion and alternative motives worth investigating.

In Howard’s recent lawsuit, he declares that Tanabe received multiple calls from his “Personal Investigator friend” during the evening disclosing information about a “suspect” under the influence of alcohol. The suspect being referred was indeed Katz. Later that evening, Tanabe stopped Katz and arrested him for driving under the influence of alcohol. About a month after the arrest, Howard claims that Tanabe showed up at his private home demanding that he hide a package that Tanabe did not want investigators to find. Tanabe didn’t want to hide the package in his own home for fear of the investigation leading authorities to searching his home as well. Howard claims in his lawsuit that Tanabe retrieved the item from his car, which was wrapped in a large black plastic garbage bag, and ordered Howard to put it in his attic. While the request made him feel “uncomfortable”, Howard took the item regardless in order to avoid confrontation or possible retaliation. After taking some time to process the information given to him by Deputy Tanabe and to determine the best course of action to take, Howard was named in a San Francisco Chronicle news article on March 9 of 2011 as the man responsible for reporting Tanabe’s corrupt actions to Contra Costa County. Upon filing, Howard received an immense amount of criticism and backlash from his peers for allegedly trying to ruin the career of a respected and congenial sheriff deputy. For the first time in 18 years, Howard was removed from work, subjected to hostile treatment, was not scheduled to work for an entire week, and was even dealt harshness by District Attorney Sean Fawell when, according to Howard, Fawell said to him, “If you were a regular, I would have fired your ass.” In the months following, the harassment ceased to end as Howard was slyly demoted, forced to work alone, had pay taken away from him, and when complaining of the treatment to District Attorney Livingston, was told “that he should consider himself ‘lucky’ that he hadn’t been dismissed.” On August 14, 2012, Howard was fired and, according to Howard, was told that “there would be no hearing regarding plaintiff’s termination, and that the decision to terminate came from the ‘highest level’ and was ‘not reversible’.”

Howard, with the help of his attorney, is pursuing damages for whistleblower retaliation, negligent hiring, negligent training, and supervision and intentional infliction of emotional distress. Deputy Tanabe was since charged with felony extortion, wire fraud, and other criminal charges. Private Investigator Chris Butler plead guilty in May of last year to seven federal felony charges, including drug offenses, conspiracy, extortion, and illegal wiretapping. With Butler’s personal ties to Tanabe with the arrest of Mitchell Katz aware to the public, the possibility of Tanabe’s guilt became more pressing than ever after Butler’s plead. Butler also admitted working with Tanabe to stage multiple drunken driving arrests on behalf of his clients, most of who were found to be involved in custody battles or other legal disputes at the time of their arrests.

On August 5, 2012, Arlene Anna Hernandez, 23, crashed her SUV into Otay Reservoir while under the influence of alcohol, tragically killing two 5-year-old girls present in the vehicle at the time of the crash. Hernandez later pleaded guilty in March to two counts of gross vehicular manslaughter and one count of DUI causing injury, taking responsibility for ending the lives of her own daughter, Lesette Silva, and her friend Guiliana Figueroa. Almost a year after the accident, Chula Vista Superior Court Judge, Theodore Weathers, has sentenced Hernandez to eight years in prison. Judge Weathers noted that the maximum sentence Hernandez could have faced based on her plea agreement was 12 years prison time and called the incident “a particularly tragic case”. The judge also stated that the victims were especially vulnerable due to the fact they were seat-belted into the submerged car. At Hernandez’s preliminary hearing in November, evidence construed that Hernandez had taken her daughter to Mountain Hawk Park in Chula Vista for a “play date” with Guiliana and her father, Eric Figueroa. The two adults made a very poor decision to drink three beers each at the park while their daughters played together, which they both honestly confessed. At around 6 p.m., Hernandez reported that she saw skydivers coming in for a landing North of the reservoir she later crashed into, and wanted her daughter to get a closer look. The adults then put the little girls into the back of a Kia SUV, strapping Lesette into a child’s car seat but failing to do so with Guiliana. Soon thereafter, Hernandez lost control of the vehicle on Otay Lakes Road near Wueste Road, drove over an embankment, and plunged into the reservoir.

Hernandez told investigators that she had swerved the car to avoid a rock, however, California Highway Patrol officers testified that no rock or any other obstruction was found on the scene of the accident. When Hernandez’s blood was drawn and tested her blood-alcohol content measured almost 1.5 times the legal limit for driving in California. Both Hernandez and Figueroa were able to get out of the SUV and swim to the surface of the water, saving themselves but putting forth little to no effort in saving their daughters. Several witnesses jumped in the water in an attempt to help but were of no luck and the girls were not pulled out of the vehicle until Border Patrol agents arrived. One witness flagged agent Travis Creteau down as he was driving by the scene. He quickly jumped in, swam to the SUV, and used a knife to cut Lesette out of her car seat. Unfortunately, by the time Creteau pulled both girls out of the water and to the surface, their bodies had already gone limp.

Mother of victim Guiliana Figueroa, Natasha Lee, spoke on behalf of her deceased daughter stating, “I’m tormented by the loss of my daughter. You (Hernandez) had no concern for the lives, which you were responsible for that day, two little angels that must have been terrified. I would have died myself trying to save my child.” Lee also described the indescribable pain of learning of her little girl’s fate, going to identify the body at Rady Children’s Hospital where both little girls were pronounced dead, and called the defendant “careless and selfish”. Hernandez tearfully apologized in court expressing, “I am so sorry for all the pain that I have caused you. I take full responsibility for the death of my daughter, Lesette, and the death of Guiliana. With the time that I get sentenced to, your honor, I just want to be able to better myself and to work on myself as a mother and a daughter.” Deputy District Attorney Mary Loeb argued for the full twelve-year sentence, however the judge felt that the eight-year term was appropriate after Hernandez’s defense pointed out that their client had no prior record. This argument proved successful given the outcome of the verdict, and reiterates the importance for anyone facing criminal charges to acquire a strong and experienced defense attorney.

Deaths due to suicide and prescription drug overdoses, as well as homicides, have reached record numbers in San Diego for the second year in a row. The San Diego County Medical Examiner released an Annual report for 2012 stating the detailed trends showing the increase. Chief Deputy Medical Examiner Dr. Jonathan Lucas stated, “Our office investigates every non-natural death in San Diego, and, tragically, many of these deaths are preventable. The report reveals some of the serious issues and behaviors affecting San Diego County residents and visitors.” In 2012, close to half of the approximated 20,000 total deaths in the county, a total of 10,018 deaths, were reported to the San Diego County Medical Examiner. Of those 10,018, the office further investigated 2,853 deaths, performed 1,962 autopsies, and 901 external examinations. Only about five percent of the deaths investigated are by natural causes, leaving the other ninety-five percent to non-natural causes, such as homicide, accident, and suicide cases. The breakdown of death classification in 2012 was 44 percent accident cases, 36 percent natural deaths, 15 percent suicides, and 4.6 percent homicides. In comparison to past annual reports, this is a record number of people succumbed to suicide and fatal prescription-drug overdoses in the San Diego area. No cause of death could be determined in 1 percent of cases. The report concluded that Methamphetamine continues to be the number one cause of drug related death, with Heroin following close behind. It also stated that of drivers killed in car accidents, a startling 43 percent were DUI cases and the leading cause of natural death remains cardiovascular disease.

The Medical Examiner’s Office recommended the following resources for those individuals at risk for suicide or drug overdose.

– County Behavioral Health Access and Crisis Line: (888) 724-7240

The San Diego Sheriff’s Department has launched a special DUI enforcement effort to control DUI cases connected to the Del Mar Racetrack. On opening day of the iconic races, ten people were arrested for suspicion of driving under the influence of alcohol out of a total of 25 who were evaluated. Out of these evaluations, three drivers were also cited for driving on a suspended license and one for driving without a license. Sheriff deputies and police officers from all over the county are in patrol of the area, covering 111 traffic stops in Del Mar and surrounding areas in Encinitas, Solana Beach, and Northern San Diego, from around 4 p.m. to midnight as a DUI saturation patrol. The effort includes officers from San Diego, Coronado, Chula Vista, National City, San Diego State University, and University of California San Diego departments, all in support of zero tolerance. The program is funded by a grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration.

A grand total of forty-five citations have been issued thus far and 10 vehicles have been impounded. Drivers found guilty of impaired driving can face jail time, insurance hikes, loss of their license, and fines up to 10,000, all of which are subordinate to the danger they are putting themselves and others on the road in when they get behind the wheel. Now facing DUI charges, these recent arrestees are highly recommended to consult an experienced criminal defense attorney to address the charges against them. Law enforcement officers will continue to be out in force and on the lookout for drunk drivers for the remainder of the horse-racing event. Sheriff’s Lt. Julius Faulkner stated in a press release, “If you’re over the limit, you will be arrested.” San Diego law enforcement is encouraging motorists who see drunk drivers to call 911 and report them right away.

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