Ok, I have been away for almost a week and I apologize. I’ve probably lost the 9 people that regularly read my organized and computer written chicken scratch but stay with me folks…I can only promise you good stuff down the road.
The move to my new office is almost complete. I’ll be starting at the new Public Defender’s office next week! My last day at my current office is tomorrow and it’s a little depressing to be honest with you.
The staff threw me a going away lunch yesterday at my favorite lunch spot that almost made me shed a tear in my Taco Salad. One of the attorney’s, MS. FAVORITA (She is a young attorney that is greaaat and client’s absolutely love her) made a great tasting “We’ll Miss You” cake (Yellow Cake and Chocolate frosting…yummy!). It was great. Everyone in the office was there and I realized what I lucky guy I’ve been to work with such great people. I’ve heard only good things about my new office but I’m really gonna miss my old one.
Actually…I know it’s a little twisted but on the “work side” of things, the PD office I’m leaving just picked up some really great cases (a new murder and a couple of interesting assaults) that would have been great to work on…now I’m going to a place where I’ll be back at the bottom of the “seniority totem pole.” I’m anxious to see what cases they’ll have me working.
Hmmm…it’s probably time to put in my trusty Engelbert Humperdinck’s Greatest Hits CD, finish the closing memo’s on my current cases and start getting my shit together for the big move…more later.
Thursday, March 24, 2005
Friday, March 18, 2005
Ok, I didn't finish my story...
About my fast rise to stardom as a PD Investigator!!! Ok...not really, but I will finish the bit on my background. Just not right now. THIS post is just to spotlight some incredibly important legislation trying to be passed by Rep. Al Edwards in Texas. You can read a short piece on the law HERE. If you don't want to follow the link, let me give you just a little tidbit of the story:
"It's just too sexually oriented, you know, the way they're shaking their behinds and going on, breaking it down," said Edwards, a 26-year veteran of the Texas House. "And then we say to them, 'don't get involved in sex unless it's marriage or love, it's dangerous out there' and yet the teachers and directors are helping them go through those kind of gyrations."
Oh...the story is about Edwards trying to get rid of "suggestive cheerleading." I love America.
"It's just too sexually oriented, you know, the way they're shaking their behinds and going on, breaking it down," said Edwards, a 26-year veteran of the Texas House. "And then we say to them, 'don't get involved in sex unless it's marriage or love, it's dangerous out there' and yet the teachers and directors are helping them go through those kind of gyrations."
Oh...the story is about Edwards trying to get rid of "suggestive cheerleading." I love America.
Thursday, March 17, 2005
Why Defense Work?
I recieved an e-mail from a Criminal Justice student at Sacramento State. He was interested in how I became an PD investigator.
You know...I never really thought about it a whole lot. But it really got me thinking about why I started doing defense work. A lot of PD investigator's come from a law enforcement background...I came from a different background.
When I was in high school I read a book by Josiah "Tink" Thompson, Gumshoe: Reflections In A Private Eye. It was the book that sparked my interest in defense work. I had read all the PI novels that filled my local library...but this book was different, it talked about actual cases. One in particular was about a high profile San Francisco murder case. The murder occurred in Chinatown (late 1970's I think) and the work done by Thompson in locating a key witness to the murder assisted in showing that his client was misidentified at the scene of the crime and was not the shooter.
The book has a few other fascinating side stories but the Chinatown shooting is the one that hit home for me. He not only talked about the steps he took in his investigation but of the relationship he had to develop with the witness. It was friggin good reading.
That book opened up a new world for me. A world where the good guys didn't always wear a badge and carry a gun. In my world the good guys just have a pen, a notebook, and their own common sense. It opened my eyes to the idea that defense investigators could (and should) be a more cerebral bunch than our DA counterparts. We don't (and can't) open doors and get people to talk to us with a badge and gun, we open them with our minds (not literally of course), our desire to get the truth, and sometimes, sometimes even a little smile and charm.
After high school, I got a job with a private investigator specializing in defense while I went to college, answering phones and basically acting as the, "office bitch." It was a small operation with no more than three investigators and me as the guy that did everything (Phones, Court searches, serving subpoena's, subrosa, and general office management). I eventually learned the basics of interviewing witnesses and victims, locating people, serving subpoena's, and doing court searches (this was in time before courts had their records on-line). All necessary skills in working successfully as a defense investigator.
Most of the work we did was for people that could afford it. People that came from wealth and crossed the criminal line. I worked for a couple more private investigation firms, getting paid more and more as time went on (being bi-lingual is one reason I was able to get work...It's a skill most PD and PI offices are starting to require). I still knew there was more out there and that is when I discovered the wonderful world of indigent defense....
This is getting longer than planned (my efforts to avoid boring people are failing) and my lunch break is almost over....I promise to finish this tonight.
You know...I never really thought about it a whole lot. But it really got me thinking about why I started doing defense work. A lot of PD investigator's come from a law enforcement background...I came from a different background.
When I was in high school I read a book by Josiah "Tink" Thompson, Gumshoe: Reflections In A Private Eye. It was the book that sparked my interest in defense work. I had read all the PI novels that filled my local library...but this book was different, it talked about actual cases. One in particular was about a high profile San Francisco murder case. The murder occurred in Chinatown (late 1970's I think) and the work done by Thompson in locating a key witness to the murder assisted in showing that his client was misidentified at the scene of the crime and was not the shooter.
The book has a few other fascinating side stories but the Chinatown shooting is the one that hit home for me. He not only talked about the steps he took in his investigation but of the relationship he had to develop with the witness. It was friggin good reading.
That book opened up a new world for me. A world where the good guys didn't always wear a badge and carry a gun. In my world the good guys just have a pen, a notebook, and their own common sense. It opened my eyes to the idea that defense investigators could (and should) be a more cerebral bunch than our DA counterparts. We don't (and can't) open doors and get people to talk to us with a badge and gun, we open them with our minds (not literally of course), our desire to get the truth, and sometimes, sometimes even a little smile and charm.
After high school, I got a job with a private investigator specializing in defense while I went to college, answering phones and basically acting as the, "office bitch." It was a small operation with no more than three investigators and me as the guy that did everything (Phones, Court searches, serving subpoena's, subrosa, and general office management). I eventually learned the basics of interviewing witnesses and victims, locating people, serving subpoena's, and doing court searches (this was in time before courts had their records on-line). All necessary skills in working successfully as a defense investigator.
Most of the work we did was for people that could afford it. People that came from wealth and crossed the criminal line. I worked for a couple more private investigation firms, getting paid more and more as time went on (being bi-lingual is one reason I was able to get work...It's a skill most PD and PI offices are starting to require). I still knew there was more out there and that is when I discovered the wonderful world of indigent defense....
This is getting longer than planned (my efforts to avoid boring people are failing) and my lunch break is almost over....I promise to finish this tonight.
Wednesday, March 16, 2005
ROBERT BLAKE = NOT GUILTY
In case anyone is interested, the jury in the Robert Blake Murder Trial acquitted Blake of all counts against him. You can read the story here. I've got some interesting cases going on which I will try and write about tonight! Oh...and I wanted to comment on a couple of interesting posts from Blonde Justice and Public Defender Dude.
Sunday, March 13, 2005
Bits-N-Pieces
Ahhh, it's been a nice relaxing weekend. I think ALL of Cali had great weather this weekend...FINALLY!, When we have great weather out here it seems that everyone breaks out the old barbecue. We did our outdoor cooking at a friends house, dining on BBQ chicken and a typical Carne Asada with a lot of Margarita's... the following morning we had a great breakfast whipped up by yours truly. Oh, and I finally got around to seeing Constantine (with Keanu Reeves), wasn't too bad of flick...Didn't have to think too much and there was a lot of action. If you don't catch it in the theatre, it's worth at least sticking it in your Netflix queue.
I only had to work a little this afternoon, interviewing the complaining witness on a 314.1 one of our misdemeanor attorneys is handling. Penal Code 314.1 is defined as the following: Every person who willfully and lewdly, either: 1. Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed...basically our client likes to walk around with his bits and pieces hanging about INSIDE OF HIS HOME.
A nosey neighbor saw our client from a small window in her home where if the wind is blowing a tree out of the way, and she presses her head against just the right spot on a bathroom window in the second story of her home, she can just see down into our client's living room...and him...in all his glory. I'm not gonna think too much about the case. The CW was nice but adamant that our client is a perv...and maybe he is but hell, if a guy wants to walk around his home with his bits-n-pieces hanging about (depending on the chill factor) shouldn't he be able to? He had all his curtains drawn, and it's not like he was doing it for show or in front of some kids....jeez. Thank gawd we have the DA protecting us from people like Mr. Bits-n-Pieces.
Oh...when I stopped by the office to pick up the digital camera today, three attorneys were working in the afternoon (it was about 3:30pm). All of them had been there since 9:30 am. Dedication to our client's...I love that shit.
I only had to work a little this afternoon, interviewing the complaining witness on a 314.1 one of our misdemeanor attorneys is handling. Penal Code 314.1 is defined as the following: Every person who willfully and lewdly, either: 1. Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed...basically our client likes to walk around with his bits and pieces hanging about INSIDE OF HIS HOME.
A nosey neighbor saw our client from a small window in her home where if the wind is blowing a tree out of the way, and she presses her head against just the right spot on a bathroom window in the second story of her home, she can just see down into our client's living room...and him...in all his glory. I'm not gonna think too much about the case. The CW was nice but adamant that our client is a perv...and maybe he is but hell, if a guy wants to walk around his home with his bits-n-pieces hanging about (depending on the chill factor) shouldn't he be able to? He had all his curtains drawn, and it's not like he was doing it for show or in front of some kids....jeez. Thank gawd we have the DA protecting us from people like Mr. Bits-n-Pieces.
Oh...when I stopped by the office to pick up the digital camera today, three attorneys were working in the afternoon (it was about 3:30pm). All of them had been there since 9:30 am. Dedication to our client's...I love that shit.
Saturday, March 12, 2005
Twisted Reality
A defense investigator friend of mine, took the CRIMINAL INVESTIGATOR I/II written test in Sacramento County this week. She said it was full of cops and DA investigator's from Sacramento and other counties, approximately 75 people total (maybe two or three private investigators).
The written portion of the test is the second part of the long and laborious process of getting hired by Sacramento County as an investigator for the Public Defender or the District attorney....What's that you ask? No, you heard right. The test is part of building a list of eligible investigator's to fill spots in BOTH the PD'S office and the DA'S office.
The reason I'm bringing this up now, is this. While she was waiting in line to check in to the examination, a bunch of the cops in front of her started talking shit about defense investigators and their lack of morals. How could people defend the scumbags they arrest? How can you "tear apart" a cops reports or investigation because it's obvious that cops are the good guys...stuff along those lines. Anyway, my friend (being smooth and very cute) innocently asked what they would do if they were offered a job from the PD'S office. They all said that their first choice would be to be hired by the DA. If they were forced into it, they would take a job with the PD.
If they were forced into it.
Oy vey. These are the investigator's that would get hired by a county PD office to represent and help protect OUR client's constitutional rights? Don't do us any favors!!! I'm really irritated about this. I'm not completely sure why...but I am.
One good thing did come out of the exam. There was a question in the 100 question multiple choice test that was worded something like this: You are on patrol and see a 30 year-old male walking along a sidewalk in an area he doesn't fit into (Black man in a predominantly Caucasian neighborhood?). He doesn't seem to have any destination and when you stop him and ask him where he is going, he is very evasive. When you ask to see his identification, he refuses to provide it. What do you do? A) Arrest him for loitering, B) Arrest him for Murder, C) Arrest him for Assault, or D) Let him go, he didn't do anything.
The answer is obviously not B or C. So you are left with A and C. After the test, my friend asked some of the other exam takers what they put down and they all answered the same thing without blinking...A) Arrest him for loitering. Letting him go never crossed their minds. It's a sad world we live in. My friend put on her cop hat and answered A...and she wasn't happy about it.
The written portion of the test is the second part of the long and laborious process of getting hired by Sacramento County as an investigator for the Public Defender or the District attorney....What's that you ask? No, you heard right. The test is part of building a list of eligible investigator's to fill spots in BOTH the PD'S office and the DA'S office.
The reason I'm bringing this up now, is this. While she was waiting in line to check in to the examination, a bunch of the cops in front of her started talking shit about defense investigators and their lack of morals. How could people defend the scumbags they arrest? How can you "tear apart" a cops reports or investigation because it's obvious that cops are the good guys...stuff along those lines. Anyway, my friend (being smooth and very cute) innocently asked what they would do if they were offered a job from the PD'S office. They all said that their first choice would be to be hired by the DA. If they were forced into it, they would take a job with the PD.
If they were forced into it.
Oy vey. These are the investigator's that would get hired by a county PD office to represent and help protect OUR client's constitutional rights? Don't do us any favors!!! I'm really irritated about this. I'm not completely sure why...but I am.
One good thing did come out of the exam. There was a question in the 100 question multiple choice test that was worded something like this: You are on patrol and see a 30 year-old male walking along a sidewalk in an area he doesn't fit into (Black man in a predominantly Caucasian neighborhood?). He doesn't seem to have any destination and when you stop him and ask him where he is going, he is very evasive. When you ask to see his identification, he refuses to provide it. What do you do? A) Arrest him for loitering, B) Arrest him for Murder, C) Arrest him for Assault, or D) Let him go, he didn't do anything.
The answer is obviously not B or C. So you are left with A and C. After the test, my friend asked some of the other exam takers what they put down and they all answered the same thing without blinking...A) Arrest him for loitering. Letting him go never crossed their minds. It's a sad world we live in. My friend put on her cop hat and answered A...and she wasn't happy about it.
Monday, March 07, 2005
If you're lucky...you can go to BFE
I am a lucky son of a beetch (just the way my old man says it).
I had to drive out into the country after hours tonight to interview a potential witness on a felony drug case for one of our attorney's. Our client was found with prescription meds (lot's of em) in his car. The car was registered in his girlfriend's name and so were the drugs...Unfortunately, our client's on felony probation. I had to get some medical docs from the G-friend showing the pills were hers and talk to her about some other "materials" found in the car. Is any of what I found going to help us in the case? I'm not so sure...
The G-friend is a mess...She needs her meds and most importantly she needs her boyfriend. The pain she is going through (physical and emotional) was almost too much for me to take while I was interviewing her. She was sooo miserable. Ugh. I can't get her out of my head. I could see that she is failing physically from the illnesses she has to endure (well, she's only had to endure it for the last EIGHT FRIGGIN YEARS!) and to top it all off, she is all alone.
Her young kids have all (3 of them) disowned her for a million different reasons (kids can be real little pricks...if you have some, watch out that the little buggers don't stab you in the back when you're old and they're old enough to move out) and her brothers and sisters (hell, ALL her family) are dead...She is on her own...well...alone except for our client....who is still in jail.
I have no idea if our attorney (We'll call this one, MR. BROW) can talk to the DA or LE to facilitate getting her meds back to her ASAP. Truth is, the attorney is probably just going to say "I don't represent her..not my problem." I know the pills are now "evidence" but jeesus...this is really fucked up that she can't get at least some of them back...supposedly her insurance only allows a certain amount of money a month for medication and the pharmacy won't take "My drugs were seized by the cops as evidence in a criminal investigation," as a good enough reason to refill her prescription...those Nazi pharmacists.
Honestly, part of me is afraid the pain she is going through is withdrawals...but who am I to decide what she should be allowed to have? I am certainly in no position to judge her. If she had them legally there must be SOME way she can get them back....I don't know...the more I think about it, the more it bums me out.
Just reminds me what a lucky son of beetch I am.
One more thought...then I'll leave you guys alone for the night: I was working a case this morning, and had to drive out to BFE to serve a subpoena. When I say BFE I mean it was in the middle of the California wilderness...well, as much wilderness as you can get one hour out of a major city. Anyway, I came across an incredible little stream FILLED with trout..the only reason I even saw the trout was because the street signs had been blasted to shit with a shotgun and I figured the overpass/bridge would have the street name....it did. They were so beautiful. It's funny that I've spent all day fishing for them on big lakes and never caught any, and here are a bunch of wild (big assumption) trout underneath a small bridge in the middle of nowwhere.
If I didn't have to get that damn paper served (AND if I had the day off), I could have stayed there all morning watching those fish. I didn't see more than two trucks drive by during my hour long drive into the hidden hills of California. It was so peaceful...almost made me forget I was even IN California.
I guess I sometimes take for granted the fact that I get to travel so much for work. Most of the time it's in areas that I know well but sometimes...sometimes I get lucky and I go places I've NEVER been and never had any plans on traveling through...and I get a nice surprise, like a shitload of trout...under a bridge in the country.
We should all look under bridges and overpasses more often...well, at least the ones without the homeless dudes but I'll save that topic for another day.
Man...I am a lucky son of a beetch...who needs to keep a fishing pole in his car.
I had to drive out into the country after hours tonight to interview a potential witness on a felony drug case for one of our attorney's. Our client was found with prescription meds (lot's of em) in his car. The car was registered in his girlfriend's name and so were the drugs...Unfortunately, our client's on felony probation. I had to get some medical docs from the G-friend showing the pills were hers and talk to her about some other "materials" found in the car. Is any of what I found going to help us in the case? I'm not so sure...
The G-friend is a mess...She needs her meds and most importantly she needs her boyfriend. The pain she is going through (physical and emotional) was almost too much for me to take while I was interviewing her. She was sooo miserable. Ugh. I can't get her out of my head. I could see that she is failing physically from the illnesses she has to endure (well, she's only had to endure it for the last EIGHT FRIGGIN YEARS!) and to top it all off, she is all alone.
Her young kids have all (3 of them) disowned her for a million different reasons (kids can be real little pricks...if you have some, watch out that the little buggers don't stab you in the back when you're old and they're old enough to move out) and her brothers and sisters (hell, ALL her family) are dead...She is on her own...well...alone except for our client....who is still in jail.
I have no idea if our attorney (We'll call this one, MR. BROW) can talk to the DA or LE to facilitate getting her meds back to her ASAP. Truth is, the attorney is probably just going to say "I don't represent her..not my problem." I know the pills are now "evidence" but jeesus...this is really fucked up that she can't get at least some of them back...supposedly her insurance only allows a certain amount of money a month for medication and the pharmacy won't take "My drugs were seized by the cops as evidence in a criminal investigation," as a good enough reason to refill her prescription...those Nazi pharmacists.
Honestly, part of me is afraid the pain she is going through is withdrawals...but who am I to decide what she should be allowed to have? I am certainly in no position to judge her. If she had them legally there must be SOME way she can get them back....I don't know...the more I think about it, the more it bums me out.
Just reminds me what a lucky son of beetch I am.
One more thought...then I'll leave you guys alone for the night: I was working a case this morning, and had to drive out to BFE to serve a subpoena. When I say BFE I mean it was in the middle of the California wilderness...well, as much wilderness as you can get one hour out of a major city. Anyway, I came across an incredible little stream FILLED with trout..the only reason I even saw the trout was because the street signs had been blasted to shit with a shotgun and I figured the overpass/bridge would have the street name....it did. They were so beautiful. It's funny that I've spent all day fishing for them on big lakes and never caught any, and here are a bunch of wild (big assumption) trout underneath a small bridge in the middle of nowwhere.
If I didn't have to get that damn paper served (AND if I had the day off), I could have stayed there all morning watching those fish. I didn't see more than two trucks drive by during my hour long drive into the hidden hills of California. It was so peaceful...almost made me forget I was even IN California.
I guess I sometimes take for granted the fact that I get to travel so much for work. Most of the time it's in areas that I know well but sometimes...sometimes I get lucky and I go places I've NEVER been and never had any plans on traveling through...and I get a nice surprise, like a shitload of trout...under a bridge in the country.
We should all look under bridges and overpasses more often...well, at least the ones without the homeless dudes but I'll save that topic for another day.
Man...I am a lucky son of a beetch...who needs to keep a fishing pole in his car.
Sunday, March 06, 2005
A great link...
Since I haven't been able to figure out how to put a links section on this site yet, I wanted to make a link to a great resource that I came across when I had my very first comment on my site: PUBLIC DEFENDER INVESTIGATOR NETWORK. It is a great site with a ton of superb legal/investigative links run by Greg Worthen, Investigator with the Colorado State Public Defender.
I'm feeling better
Ahhhhh...It's Sunday and I've only had to work half the weekend. Am I working because of feeling guilty for leaving soon? No. I'm doing it because I love what I do....well...that, and two of our attorney's have trials this week that may or may not go. One is a misdemeanor and the other a felony but they are both fairly involved with a shitload of witnesses and exhibits to get lined up.
I was talking to a defense investigator friend of mine in New York. He's freaking out about testifying in a murder case he has been working on for the last year. Trial has been going on for a few weeks and it looks like he will get called in to court on Wednesday. There is a question as to the accuracy of some digital photographs he took at a murder scene. I'm wondering how other public defender investigator's handle digital photographs and if anyone has ever had to testify as to their use in an investigation and authenticity. Truth is, we've been using them for the last three years but they have never been questioned...although I think we should be prepared in case they ever do.
You know...I can't believe that through all of the training and workshops that I've attended for evidence photography, I've never had to testify as to the authenticity of a photograph in court...I couldn't even tell him what to expect.
I DID send him to the Evidence Photographers International Council that produces a booklet, Standards for Evidence Photography. I'm going to order a copy for myself. I'll let you know what I think. I attended some of their training a few years ago but I their booklet didn't wasn't updated with digital photography techniques or information...it supposed to be now....Hopefully there will be some useful stuff in there.
Oh, and for those that may have been wondering...I officially took the new PD job. I'm making the right choice...I think.
I was talking to a defense investigator friend of mine in New York. He's freaking out about testifying in a murder case he has been working on for the last year. Trial has been going on for a few weeks and it looks like he will get called in to court on Wednesday. There is a question as to the accuracy of some digital photographs he took at a murder scene. I'm wondering how other public defender investigator's handle digital photographs and if anyone has ever had to testify as to their use in an investigation and authenticity. Truth is, we've been using them for the last three years but they have never been questioned...although I think we should be prepared in case they ever do.
You know...I can't believe that through all of the training and workshops that I've attended for evidence photography, I've never had to testify as to the authenticity of a photograph in court...I couldn't even tell him what to expect.
I DID send him to the Evidence Photographers International Council that produces a booklet, Standards for Evidence Photography. I'm going to order a copy for myself. I'll let you know what I think. I attended some of their training a few years ago but I their booklet didn't wasn't updated with digital photography techniques or information...it supposed to be now....Hopefully there will be some useful stuff in there.
Oh, and for those that may have been wondering...I officially took the new PD job. I'm making the right choice...I think.
Friday, March 04, 2005
I feel like a big turd...
You know, this blog is not going the way I wanted it to go. I was hoping I would be able to talk about my cases (in a very general manner of course) and I could keep it interesting. The reality? I've been too friggin busy...partly because I may be working as a PDI at new office pretty soon...
So, I feel like a big turd...for abandoning my current office which I love. This all happened really quickly and unexpectedly. As many of you know, getting a job with any county organization can sometimes be a looong and laborious process....a lot of red tape to get through as far as the hiring process, getting on lists, interviewing, and background investigations...the job is at a new office in a part of Cali that I would love to live in again. I received the phone call last week to interview for a three member panel interview with the usual standard scenario questions and background warm-ups. I was offered the job yesterday and I'm pretty sure I'm going to accept the job today. I think. I have a lot to blog tonight...more details later.
I saw an interesting shirt yesterday it said: Canada...America's Hat!
I couldn't decide if it was funny or not.
So, I feel like a big turd...for abandoning my current office which I love. This all happened really quickly and unexpectedly. As many of you know, getting a job with any county organization can sometimes be a looong and laborious process....a lot of red tape to get through as far as the hiring process, getting on lists, interviewing, and background investigations...the job is at a new office in a part of Cali that I would love to live in again. I received the phone call last week to interview for a three member panel interview with the usual standard scenario questions and background warm-ups. I was offered the job yesterday and I'm pretty sure I'm going to accept the job today. I think. I have a lot to blog tonight...more details later.
I saw an interesting shirt yesterday it said: Canada...America's Hat!
I couldn't decide if it was funny or not.
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