Will Bruzzo's Blog

Red Light Camera Contract

2012-04-10T13:44:00.002-07:00

The Los Angeles Police Commission will not renew the contract with the firm that operates the red-light cameras in the city. The information collected by the cameras will not be readily available to the police. The officers that attend the court hearings will not have the evidence required by the court to prove the violation. For a red-light camera trial the cases would most likely be dismissed. However officials explain that there will be fines and records of the ticket. If the fine is not paid, an additional $300 will be added to the ticket cost. If the person receives another citation it will appear on the record. Also a red-light camera citation will appear in a background check. The Los Angeles City Council voted last summer to end the program and stopped issuing citations at the end of July according to the Los Angeles Times.

You can watch a KABC.com red-light camera video story below.

Criminal Law Updates by the Law Offices of Orange County Defense Attorney William W. Bruzzo (714) 547-4636

The Trayvon Martin Case Continues

2012-04-09T12:24:00.001-07:00

As the fatal shooting incident of 17 year old Trayvon Martin continues to unfold in Sanford, Florida, Police Chief Bill Lee temporarily stepped down. This amid public criticism and an investigation by the FBI and Justice Department into the incident involving a neighborhood watch Captain George Zimmerman. The unarmed Martin was allegedly shot by Zimmerman. Authorities in Sanford have not charged Zimmerman with a crime, since under Florida law deadly force is allowed if it is reasonably believed that such force could avert serious harm, death or a “forcible felony”. Critics argue that since the teenager was unarmed, the use of force under that law is not reasonable. Zimmerman has received death threats and friends and family have given interviews defending him. The Justice Department started an investigation to conclude if it was a racially motivated incident. One news radio report has described that Trayvon was on his cell phone talking to someone as he was being chased by Zimmerman. Others report that the 911 tapes recorded a possible racial slur by Zimmerman.

Here is a video from CNN (April 9, 2012)

Criminal Law Updates by the Law Offices of Orange County Defense Lawyer William W. Bruzzo (714) 547-4636

Speedy Trial Rights in California

2012-03-13T14:12:00.002-07:00

Most people are aware that they have a right to a speedy trial guaranteed by the Constitution. However, few people understand how this right works as a practical matter. The best way to analyze speedy trial rights is to break down cases by misdemeanor and felony.

Misdemeanor cases affected by the speedy trial clause of the US and California Constitution are controlled by the case of Serna v. Superior Court (1985) 219 Cal Rptr 420. The typical situation that deals with a speedy trial right is when a Defendant is arrested for a crime but the District Attorney does not file by the time indicated on the notice to appear. Then, either the Defendant never receives the letter with the new court date or ignores it. Sometime after a year post-arrest the Defendant gets picked up for a new crime or traffic matter or some other random police contact. Once a year has passed since the crime was committed and the crime is filed as a misdemeanor the speedy trial right for misdemeanors in California arises. Both the Federal Constitution and the California Constitution play a role. Because more then a year has passed, it is presumed that the Defendant has suffered prejudice. As such, the burden shifts to the Prosecutor to justify the delay. The court at that point considers the reason for the delay and also weighs the factors laid out in Barker v. Wingo, (1972) 407 U.S. 514, 532, 33 L. Ed. 2d 101, 118: (i) to prevent oppressive pretrial incarceration; (ii) to minimize anxiety and concern of the accused; and (iii) to limit the possibility that the defense will be impaired. As a practical matter on misdemeanors, it is rare when the Prosecution has done more then send a letter to the last known address. As such, if more then a year has passed on a misdemeanor, speedy trial motions are usually granted depending on the jurisdiction.

Felony cases are more difficult to win on the speedy trial issue. Part of this is because more time must pass as the minimum statute of limitation on a felony is at least three years or longer as opposed to a misdemeanor where allegations can only be brought within one year. People v. Martinez (2000) 94 Cal Rptr.2d 381 is generally considered the controlling California case on speedy trial issues for felonies. Felonies themselves must be split into two different types for speedy trial consideration.

Pre-preliminary Hearing Cases: In these felony cases because the case does not end in a trial only a hearing the Federal Constitutional safeguards are not covered. Thus, there is no presumed prejudice, actual prejudice must be shown and the Wingo, factors are considered.
Post- Pre-liminary hearing cases: The rationale for Martinez and Serna, would seem to indicate that prejudice is presumed for felonies post-preliminary hearing since the Federal standard would apply, however, the precedent is unclear here. Also some cases have held that actual prejudice will only be considered after trial which seems to indicate there is no presumed prejudice.

Will Bruzzo has managed to get many cases dismissed on the basis of a violation of the speedy trial right.

Criminal Law Updates by the Orange County Law Offices of William W. Bruzzo (714) 547-4636

Arrest in Homeless Killings

2012-02-03T15:43:00.000-08:00

A suspect was arrested just before the Martin Luther King Jr. weekend for the killings of three homeless men. The suspect is Itzcoatl Ocampo a 23 year old Yorba Linda resident and former Marine. The LA Times says that his family is shocked by the accusation. They go on to explain that Ocampo would spend his time at the Yorba Linda Library searching job listings. Three homeless men had been stabbed to death in less than a month. Local authorities worked with the FBI once it was believed that there was one person responsible for the three killings. Road blocks were placed and Ocampo actually passed through them twice before he was finally arrested.

The last and fourth incident occurred in front of a Carl’s Jr. where witnesses called police, and found Ocampo at a mobile home park. He was arrested and had blood on his hands and face. All the victims had multiple stab wounds, from 40 to over 60 in some cases. The wounds were to the head and torso. Ocampo is being charged with murder with special circumstances which includes a possible death sentence if he is found convicted.

Here is a KTLA5 News video.

Mexican Drug Lord Pleads Guilty

2012-02-02T15:40:00.000-08:00

The leader of the Tijuana cartel has been convicted of federal charges in a San Diego courthouse. Benjamin Arellano-Felix pled guilty to federal racketeering and money-laundering conspiracy charges, according to the Los Angeles Times. The plea agreement contains a maximum sentence of 25 years in prison. The typical sentence for a case of this nature would have been a life sentence; his brother Javier Arellano- Felix is serving such a sentence. Benjamin had been extradited from Mexico and therefore could not receive the death penalty under the extradition agreement.

Criminal Law Updates by the Law Offices of Orange County Criminal Defense Attorney William W. Bruzzo (714) 547-4636

New Laws In California

2012-02-01T15:28:00.000-08:00

With the New Year comes new rules, Governor Jerry Brown signed into law 760 bills addressing various social issues and special projects.

Here are some of the new laws for 2012 listed by the Los Angeles Times:

Defendants extradited to California will have an additional $100,000.00 added to their bail.
Importation and production of beers that have caffeine as an ingredient are banned.
Schools can suspend a student for cyber-bullying.
An individual younger then 18 cannot be supplied with a drug containing dextromethorphan, which is used to reduce coughing.
Smuggling cellular phones into state prisons is a crime, and additional prison time can be given to inmates with cellular phones.
A $25,000 fine will be imposed for child prostitution convictions.
Selling live animals on sidewalks, parking lots or streets is a crime.

Criminal Law Updates by the Law Offices of Orange County Criminal Defense Lawyer William W. Bruzzo (714) 547-4636

Possible Serial Arsonist Caught in LA

2012-01-06T14:39:00.000-08:00

The LA Times reports that a person of interest of German nationality has been detained in connection with parking lot fires in Los Angeles. The multiple incidents have taken place in Hollywood, North Hollywood, West Hollywood and near Fairfax. There have been no injuries reported. News outlets reported on surveillance footage from a parking structure from one of the fires. The video shows a man between 20 to 30 years old, with a receding hairline and a ponytail whom authorities are calling a person of interest. Evidence is still being collected and police are working on clues and witness information. The incidents involve car fires in parking structures and apartment building carports, making residents in the area very nervous. Police have started to maintain better lit parking areas, and observe cars for evidence of tampering. See Penal Code Sections 450, 451.

Criminal Law Updates by the Law Offices of Orange County Criminal Defense Lawyer William W. Bruzzo (714) 547-4636

Here is video coverage from ABCNews

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Supreme Court to take up Arizona Immigrant Law

2011-12-21T11:30:00.000-08:00

About two years ago Republican Governor Jan Brewer and the Arizona legislature passed a bill making it legal for local police to stop people and make inquiries about their immigration status. The US Constitution specifies that matters of immigration shall come under the purview of the Federal Government only. As a result, the Attorney General of the United States challenged the Arizona law on constitutional grounds and a federal judge invalidated portions of the law which encroached on areas that fall under the exclusive power of the Federal Government. The state of Arizona appealed that decision and now the matter is going before the US Supreme Court.

The outcome of this decision is being watched closely by those who are concerned with the treatment of illegal immigrants as well as other groups who are generally concerned with the treatment of Latinos by authorities in the United States. The fear these groups have is that individuals will be singled out by police for being Latino- something clearly unconstitutional. In addition, the argument is being made that it makes little sense for local and federal authorities to have overlapping jurisdiction.

Criminal Law Updates by the Law Offices of Orange County Defense Lawyer William W. Bruzzo (714) 547-4636

No ‘Compassionate’ Release for Cop Killer

2011-11-15T11:09:00.000-08:00

A doctor told the state parole board that Gregory Powell, a 78 year old inmate, is dying of prostate cancer and has 6 months to live possibly less than that. It was the inmate’s last attempt in requesting parole since his illness makes him eligible for a compassionate release. During the hearing no one spoke on his behalf and the board denied his release. The Los Angeles Times also reports that authorities said that the inmate would rather not be released. Powell is serving time for the execution style death of a police officer. Police officer Ian Campbell and Karl Hettinger pulled over Powell and another individual Jimmy Lee Smith. According to the article Powell aimed a weapon at Officer Campbell who then handed over his own gun. Officer Hettinger was also made to turn over his weapon. The two men then took the officers to an onion field close to Bakersfield. Officer Hettinger managed to escape Campbell did not. Campbell’s relatives and members of law enforcement prefer that Powell not escape his fate and that he die in prison.

Criminal Law Updates by the Law Offices of Orange County Defense Lawyer William W. Bruzzo (714) 547-4636

Here is an ABC7 Video covering this decision.

Lions, Tigers and Bears

2011-11-14T22:48:00.000-08:00

The story of the owner of a private zoo in Ohio ends in tragedy. The animal preserve housed exotic animals, ranging from lions to wolves. According to reports, Terry Thompson released his 51 wild animals and then shot himself. When police arrived his body was surrounded by some of the animals. One report described that his head had bite marks. Thompson had a history with authorities over the years. There were complaints of poor conditions and maltreatment of the animals. He also served about a year for possession of illegal firearms. Why Thompson decided to end his life and essentially that of his animals is speculation. Officers initially used their weapons to kill some of the animals on site. In the end, they continued to find and kill the animals in order to avoid attacks on people. Tranquilizers were not used at night since it was too easy for the animals to hide.

Criminal Law Updates by the Law Offices of Orange County Criminal Defense Lawyer William W. Bruzzo (714) 547-4636

Orange County Inmates Guilty of Killing Fellow Inmate

2011-11-10T15:44:00.000-08:00

Five inmates from Theo Lacey have been found guilty of second degree murder. The jury had to initially decide if the inmates were guilty of first degree murder but could not come to a unanimous decision. Judge James Stotler then had jurors decide between second degree murder and involuntary or voluntary manslaughter. The trial stems from the death of John Chamberlain who was himself an inmate and was beaten to death by other inmates. He initially survived his injuries and was breathing out of a tube. His eyes were swollen shut with various fractures. He eventually succumbed to his injuries and charges were brought. The controversy during the trial was that defense attorneys suggested that sheriff deputies authorized the beating by telling other inmates the victim was a child molester. The victim and inmate, John Chamberlain was awaiting charges for misdemeanor charges of possessing child pornography. At least one Orange County Sheriff Deputy was relieved of his position but none were prosecuted.

Criminal Law Updates by the Law Offices of Orange County Criminal Defense Lawyer William W. Bruzzo (714) 547-4636

33 Police Weapons Stolen

2011-11-09T14:32:00.000-08:00

LAPD is investigating a break in at a SWAT training site. The building was once used by textile business and had been donated to SWAT. According to reports, a training exercise was going to take place on the site and the day before guns were placed inside locked doors. 21 MP-5 submachine guns and a dozen .45 caliber handguns were placed in a locked box and then found to be missing the next day. The building does not have surveillance cameras or an alarm system. The intruders got through bolt locked doors and a metal roll gate. The weapons have been manipulated so that they only shoot blanks, but adjusting them to shoot live rounds is relatively easy for someone knowledgeable about weapons. LAPD detectives are working every angle whether it might have been an inside job or if the building had been under surveillance. Authorities have been informed of the theft in order to be aware of the possible danger they could face during an incident should the weapons fall into the wrong hands.

Criminal Law Updates by the Law Offices of Orange County Criminal Defense Attorney William W. Bruzzo (714) 547-4636

Seal Beach Shooter Appears in Orange County Court House

2011-11-08T16:10:00.000-08:00

The arraignment for Scott Dekraai, the Seal Beach shooter, will be postponed to November 29, 2011. He is charged with eights counts of first degree murder, and one count of attempted murder according to the Los Angeles Times. The special circumstance of committing multiple murders was also included in the charges and carry the death penalty. The suspect’s attorney asked the court for more time in order to gather a defense team. District Attorney Tony Rackauckas believes Dekraai’s attorney will go for an insanity defense. Dekraai’s family law attorney spoke of his client’s need for medications to treat depression and one for preventing seizures. The judge will have the jail medical staff evaluate Dekraai. According to news reports the courtroom was full with relatives and friends of the victims from the Seal Beach incident. They did not speak with the media. The defendant is said to have opened fire at a salon where his ex-wife was working killing 8 and leaving one in the hospital. It is believed that Dekraai had been involved in a custody dispute with his former wife.

Criminal Law Updates by the Law Offices of Orange County Defense Attorney William W. Bruzzo (714) 547-4636

Business Owner Caught in Act of Criminal Fraud over Death of Employee

2011-11-07T15:07:00.000-08:00

Jose Luis Guerrero the owner of a tree-pruning business faces multiple charges of insurance fraud stemming from the death of his employee. In 2007 his employee Gabriel Gonzalez- Ferrer, in his mid-twenties, died in a wood chipper incident. A police investigation determined that his body was accidentally caught in the wood chipper. Now authorities allege that Guerrero filed an insurance claim for the deceased family to collect benefits even though he had never paid a premium for his employee. It was also uncovered that he under-reported his payroll by an amount greater then 2 million, allowing him to pay less in workers compensation insurance premiums. He is also being charged with evading taxes by paying his employees in cash. There are also felony charges of failing to file a return and misrepresenting information to the State Compensation Insurance Fund.

Criminal Law Updates by Law Offices of Orange County Defense Lawyer William W. Bruzzo (714) 547-4636

Serial Murderer Will Be Tried In Orange County

2011-10-12T12:32:00.000-07:00

Orange County requested extradition Andrew Urdiales from Illinois to face charges for 5 murder cases spanning three counties. The district attorneys of San Diego, Riverside and Orange counties have decided to have the suspect appear and be tried in Santa Ana for all 5 cases. In Illinois he had received the death penalty for three previous murder cases; in 2002 the governor reduced two of the sentences to life without parole. This year Illinois banned the death penalty, converting Urdiales last death sentence into life without parole. The Orange County DA could decide to seek the death penalty. The case from Orange County took place near Saddleback College in 1986. The victim was leaving the college after ushering a concert when Urdiales stabbed her 41 times with a 6 inch serrated hunting knife. He confessed to the murder in 1997. Urdiales a former Marine was stationed in Camp Pendleton from 1984-1991. The four other murders are said to have occurred up to and including 1995.

Criminal law Updates by the Law Offices of Orange County Defense Attorney William W. Bruzzo (714) 547-4636

Here is KABC-TV Los Angeles coverage:

Parents' Murder Conviction for Neglect Upheld

2011-10-10T15:51:00.000-07:00

The Georgia Supreme Court upheld the murder convictions of an Atlanta couple. The parents had been found guilty by a jury in 2007 for malice murder, involuntary manslaughter, felony murder, and cruelty to children. The incident is from 2004, when the parents took their 6 week infant to the hospital for breathing problems. The infant boy died at the hospital and doctors determined the cause of death to be extreme malnourishment or starvation. The baby weighed 3.5 lbs. Police were sent to the home of the couple and found empty cartons of soy milk. The prosecutors alleged that the couple had intentionally neglected their child.

Criminal Law Updates, Law Offices of Orange County Criminal Defense Attorney William W. Bruzzo (714) 547-4636

Fugitives Should not Update their Facebook Page!

2011-09-29T12:39:00.000-07:00

Social networking sites provide a way of meeting people you do not come across in your daily routine. You can control the amount of information you can make public to strangers coming across your page. Apparently police officials have also caught on to this fountain of information. Authorities in Virginia had been searching for an alleged gang member wanted in stabbing. After talking to anybody who might know where he was police still did not have a location for him. Then they turned to the internet and found his Facebook page. The suspect had not limited certain information to the public. His basic information, phone number and e-mail address was listed. Also, the location they were trying so hard to find was right there on the screen, New Orleans, Louisiana. Police and ICE Agents pin pointed him in Mandeville, Louisiana a city less than an hour away from New Orleans. The suspect was arrested as a result of the information he put on Facebook and will be transported back to Virginia to face charges.

Criminal Law Updates by the Law Offices of Orange County Defense Attorney William W. Bruzzo (714) 547-4636

Orange County “Irvine 11” Convicted of All Counts

2011-09-28T14:11:00.000-07:00

Last Friday, September 23, 2011, in the Central Justice Center in Santa Ana, 10 UC Irvine students (Irvine 11) were found guilty by a jury (the eleventh Defendant worked out a deal with prosecutors prior to trial). Each was found guilty of one count of disturbing a public meeting and for conspiring to do the same for their actions during Israeli ambassador Michael Oren’s speech at UC Irvine. Prosecutors told the jury that these students attempted to stop Oren’s speech and that it went beyond expressing their disagreement about the speaker’s position. The defense took the opposite stance. They explained that the UC Riverside and Irvine students involved were expressing their freedom of speech and were being targeted for the pro-Palestinian content of their argument. The DA’s office explained that by using a “heckler’s veto” the students had planned to use their disruptions to end the presentation. An e-mail used during the trial revealed a plan on how to disrupt the speech regardless of how officials might react. The DA used the defense argument in reverse: the students were suppressing Oren’s freedom of speech and that is against the law. As far as the Prosecutor was concerned it did not matter what the students were saying during the speech; it was the way they went about it. For the students it was about being targeted for their beliefs and because they are Muslim and had they been anyone else, this would not have happened in their opinion. Their attorneys argued that the students had conducted themselves in a lawful peaceful manner, but in the end the jury did not agree.

Criminal Law Updates by the Law Offices of Orange County Defense Lawyer William W. Bruzzo (714) 547-4636

Here is NBC LA video coverage.

View more videos at: http://nbclosangeles.com.

Orange County Woman Drops Baby from Parking Structure

2011-09-06T20:35:00.000-07:00

The mother accused of dropping her baby off a parking structure was on medical hold during her arraignment. The Orange County Register reports that Sonia Hermosillo did not attend her court hearing. The seven month baby died August 24, 2011, from his injuries, prompting the DA to change the counts to murder and child assault causing death; both are felonies. The father of the child, Noe Medina described that his wife had been suffering from postpartum depression. She had been hospitalized in June, after she expressed that she did not want her son. The baby wore a helmet for his flat head syndrome and was receiving physical therapy at Children’s Hospital of Orange County. He also had a congenital problem that made his neck tilt to one side. The DA will argue the postpartum depression defense is not valid here.

Criminal Law Updates by the Law Offices of Orange County Defense Attorney William W. Bruzzo (714) 547-4636

Here is an OC Register video covering this story:

DNA Frees Three Men- One Faced Death Penalty

2011-09-02T16:15:00.000-07:00

On Friday August 19 the “West Memphis Three” were released after new DNA evidence was considered. The case was from a 1993 crime, where three eight year old boys were killed and their mutilated bodies found in a ditch. The three men had spent 18 years behind bars; Damien Echols had been sentenced to death row. The other two Jessie Misskelley and Jason Baldwin were given life sentences. Misskelley had confessed during a police interrogation and named Echols and Baldwin in his confession. One article explains how his confession varied in details from the actual results of the investigation; it was also known that he was considered borderline mentally disabled. Echols was a person of interest because he practiced Wicca; the investigation at the time led people to believe that he may have been involved. Prosecutors could have tried them again but probably would not have gotten a conviction. As time as passed, witnesses have died, people had changed their stories and evidence has grown stale. A deal was reached where the three got time served and maintained their innocence.

Criminal Law Updates by the Law Offices of Orange County Defense Lawyer William W. Bruzzo (714) 547-4636

Here is a video from ABC News’ Crime and Punishment covering the “West Memphis Three”

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San Juan Capo Looks to Further Restrict Sex Offenders

2011-09-01T12:25:00.000-07:00

San Juan Capistrano is looking into passing ordinances banning sex offenders from city parks. City Council members want to allow such an ordinance but are concerned over the legal issues that might ensue and future lawsuits against the city. City attorney Omar Sandoval proposed two options for the city that would restrict registered sex offenders from city parks. One option is prosecuting sex offenders who do not have permission from San Juan Capistrano PD to be present at the park with a misdemeanor offense. A first time violation would be possible jail time of six months and up to $500.00 in fines. Second and third violation would include jail time and fines. Another option would allow a registered sex offender to accompany their child to the park as long as they had written permission with a date, time and location. Other permissible instances would be, for work, religious, free speech or voting events. See Penal Code Section 290.

Criminal Law Updates by the Law Offices of Orange County Defense Lawyer William W. Bruzzo (714) 547-4636.

Children Taken by Mother Recovered 4 years Later

2011-08-31T12:38:00.000-07:00

Jennifer Lopez DeJongh had been on the run with her children for 3½ years. In 2007, police were contacted in Diamond Bar in order to respond to a suspected abduction. DeJongh did not have legal custody of the children at the time, and she and the father were in disagreement regarding custodial rights over education and medical decisions. The mother and children, ages 12 and 10 were recently found in Mexicali, Mexico some 4 years later. DeJongh had a warrant for unlawful flight to avoid prosecution. The Los Angeles County district attorney’s office will also pursue parental abduction charges. The three brothers are the grandchildren of Rep. Gary Miller, of the 42nd Congressional District which covers, Brea, Diamond Bar, Chino and Chino Hills.

Criminal Law Updates by the Law Offices of Orange County Defense Attorney William W. Bruzzo (714) 547-4636

Here is a KTLA News video covering the story:

Baby Selling Business Exposed

2011-08-30T13:46:00.000-07:00

In San Diego Superior Court three women have been charged for their child selling plot. Two of the women Hilary Neiman and Theresa Erickson are attorneys who have pled guilty to conspiracy to commit wire fraud. The third woman, Carla Chambers pled guilty to conspiracy to make money from an unlawful activity. The process included having women agree to go to Ukraine where they would be implanted with embryos from donated sperm and eggs. Then Neiman and Chambers would look for parents for the unborn children. They told parents or a single person that the couple that was going to adopt the baby had reconsidered. The new interested parents would then pay $100,000 to $150,000. The gestational carrier would be paid $38,000- $40,000. Erickson then submitted documentation to the San Diego County Superior Court falsely stating that there had been an agreement between the carrier and couple prior to the pregnancy. Documents show that Chambers was a carrier multiple times and recruited other women to become carriers. All the women face 5 years in prison.

Criminal Law Updates by the Law Offices of Orange County Criminal Defense Attorney William W. Bruzzo (714) 547-4636.

Here is a ABC News Nightline video covering the story:

Inmates Have Facebook Too!

2011-08-29T14:30:00.000-07:00

Information has surfaced that inmates have set up their own pages on social media sites. The California Department of Correction and Rehabilitation has communicated with Facebook and reported inmate accounts. The site will “take down pages that have been updated since the owners went to prison” according to the Los Angeles Times. Some inmates have been able to post updates using smart phones. The cell phones are usually smuggled into the prison, possibly by prison staff. A contraband mobile phone can cost an inmate as much as $1,000.00. Smuggled cell phones are a problem officials are dealing with, but staff members are not searched before reporting for work, and it is not a crime for an employee to smuggle a cell phone. They can be fired but they cannot be brought up on criminal charges. The argument against allowing inmates to have pages on social networking sites is that they can continue to participate in criminal activity and it’s a medium that cannot be monitored by the department. For example, one inmate was able to view one of his victim’s pages and later sent drawings of her based on her uploaded pictures. The debate becomes whether or not it’s within the inmates rights to be allowed access to social networking sites or if it’s in the victim’s rights to deny such participation.

Criminal Law Updates by the Law Offices of Orange County Criminal Defense Lawyer William W. Bruzzo (714) 547-4636

Faked Death Certificates Could Lead to Prison for Couple

2011-08-11T13:31:00.000-07:00

A couple from Santa Ana was arrested on Monday for faking a death and collecting benefits. The husband a 51 year old truck driver went under the name of Lucio Rodriguez for about twenty years while living with his wife Rosa Carrasco. According to the Orange County Register the Carrascos agreed in 2004 to travel to Mexico and buy a death certificate. Officials were paid and the couple received a death certificate for Lucio Rodriguez. The husband started using his real name Santiago Carrasco when he returned to the U.S. The death certificate obtained in Mexico stated that Lucio Rodriguez had died of a heart attack. In September of 2004 Mrs. Carrasco started receiving death benefits, collecting about $400,000 to $500,000. Both are charged with two grand theft felonies with sentencing enhancements for aggravated white collar crime exceeding $100,000 and property loss of over $200,000. There is a no-bail U.S. Customs and Immigration Enforcement hold on both individuals as well and a $500,000 bail. If convicted they could get 7 years and eight months in prison.

Criminal Law Updates by the Orange County Criminal Defense Law Offices of William W. Bruzzo (714) 547-4636