Death sentence for serial killer Joseph Naso in Marin County, California

SAN RAFAEL, CA. For Immediate Release. By Cody Salfen. Joseph Naso – a convicted serial killer – was sentenced to death in a Marin County, California court. The death sentence for Naso comes after Naso was convicted of four counts of murder for killing prostitutes – Roxene Roggasch, Carmen Colon, Pamela Parsons and Tracy Tafoya. Each of the four victim’s first and last names began with the same letter. The murders were perpetrated over the course of two decades – the first of the four occurring in 1977 and the most recent of the four in 1994. See the full text of the article below (from the Huffington Post).

Joseph Naso - convicted serial killer - sentenced to death in Marin County Superior Court for the murder of four prostitutes between 1977 and 1994

Joseph Naso – convicted serial killer – sentenced to death in Marin County Superior Court for the murder of four prostitutes between 1977 and 1994

 

SAN RAFAEL, Calif. — A jury on Tuesday recommended a death sentence for Joseph Naso, a 79-year-old former photographer convicted of the decades-old killings of four Northern California women.

The panel deliberated for about four hours before reaching its decision in the penalty phase of the case. Earlier in the day, the jury heard closing arguments from Naso, who represented himself and asked the jury to spare his life.

He will be formally sentenced at a later date by Marin County Superior Court Judge Andrew Sweet.

Naso was previously convicted of four counts of murder in the deaths of prostitutes with matching initials – Roxene Roggasch, Carmen Colon, Pamela Parsons and Tracy Tafoya. The victims were strangled and dumped in rural areas.

Prosecutors had argued for the death sentence, presenting grisly photos of the lifeless bodies. Prosecutor Dori Ahana let a timer tick down from two minutes to zero – the time it takes an asphyxiated person to die.

Naso told the jury that he “was not the monster that killed these women.”

Even though the jury recommended death, it is unlikely Naso would be executed if the judge agrees with the panel. There are 725 inmates already on California’s Death Row and executions have been on hold since 2006, when a federal judge ordered an overhaul of California’s execution protocol.

It will take at least another year for prison officials to properly adopt the state’s new single-drug execution method and have it cleared by the judge.

The four killings were cold cases until 2009, when probation officers in Reno, Nev., conducted a routine firearms search of Naso’s home. He was on probation at the time for a felony larceny conviction in California.

via Joseph Naso Jury Sentences Him To Death.

By Cody Salfen. Cody Salfen is a California licensed private investigator and currently owns an operates Cody S Investigations (www.CodySInvestigations.com) – A California Private Investigation and Private Detective Agency. As a part of our private investigation services, we handle a number of criminal defense investigation cases in and around Marin County, California, including criminal investigations in San Rafael, CA. Visit the official Cody S Investigations website at www.CodySInvestigations.com or www.CodyPI.com. Speak with a member of the Cody S Investigations private investigation staff by calling the Cody S Investigations San Francisco and Marin County private detective staff at 415.932.9278 or 408.313.0109. Cody S Investigations provides a wide array of private investigation services in San Francisco, the surrounding areas, and investigative services throughout the State of California. Cody Salfen is a member of the California Association of Licensed Investigators, the Professional Investigators Association of California, the California Defense Investigators Association, the National Council of Investigation and Security Services, and the World Association of Detectives. In addition, Cody founded and operates Cody S & Associates, Inc. (www.CSI-Legal-Services.com) a security training, firearms training, security consulting, and CA Dept. of Justice and FBI approved Live Scan Fingerprinting Services.

DISCLAIMER: All materials, content and posts contained on this website are the intellectual property of Cody S Investigations and may not be copied, reproduced, distributed or displayed without the express written permission of Cody S Investigations. Cody S Investigations does not warrant, either expressly or implied, the accuracy, timeliness, or appropriateness of the information contained in any posting. Further, Cody S Investigations disclaims any responsibility for content errors, omissions, or infringing material and disclaims any responsibility associated with relying on the information provided on this website. Cody S Investigations is NOT a law firm and therefore cannot provide legal advice. As such, any information contained herein is not legal advice and should not be construed as legal advice. It is merely an opinion.

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NSA will continue to collect cell phone data records of nearly all Americans in accordance with Foreign Intelligence Surveillance court decision

WASHINGTON D.C. For Immediate Release. By Cody Salfen. More information has come to light with regard to the National Security Agency’s controversial cell phone data collection program. In a secret court opinion, the Foreign Intelligence Surveillance Court recently affirmed the legality of the NSA’s data collection program’s practices and procedures. In the secret court’s ruling, the court will allow the NSA to continue to obtain most, if not all, mobile phone data records from cellular providers in the United States under a provision of the Patriot Act.


The National Security Agency's controversia

The National Security Agency’s controversial cell phone data collection program will continue to obtain cell phone records of almost every American without a warrant in accordance with a Foreign Intelligence Surveillance Court’s recent decision

Although confidential, the court’s opinion was released last week in accordance with the secret court judge’s statement that the judgment should be made public because it pertains to the public’s interest. In light of the constitutional requirements that the government have a warrant in order to obtain certain information, the controversial National Security Agency cell phone data collection program sails under the veil of a provision of the Patriot Act. The Patriot Act provision that allows the NSA to collect almost everyone’s cell phone records (in a collaborative effort with the Federal Bureau of Investigation), the government is allowed to collect “business records” relevant to an “authorized investigation.” The recent “Foreign Intelligence Surveillance Court” decision ruled that the NSA’s unilateral interpretation of the Patriot Act provision so as to include almost every individual’s cell phone data records in the United States complies with the United States Constitution under the Patriot Act. Read the full text of the article below (from the Wall Street Journal).

WASHINGTON—No telecommunications company has ever challenged the government’s orders to turn over records in the National Security Agency’s phone-data-collection program, according to a secret court’s opinion that was signed last month and released Tuesday.

The unusual move to release the opinion upholding the program, which stores the phone records of most Americans, came from the secret national-security court that oversees the program, suggesting an independent streak on the part of the Foreign Intelligence Surveillance Court. Judge Claire Eagan’s call to disclose the opinion, signed Aug. 29, appeared to be a first for the court, which has been criticized at times as too deferential to the executive branch.

The opinion should be made public “because of the public interest in this matter,” she wrote.

The phone program was developed under a provision of the Patriot Act that allows the NSA, through the Federal Bureau of Investigation, to collect business records “relevant to an authorized investigation.” The NSA determined that nearly all U.S. phone-call records were “relevant” to terrorism investigations because it needed all the calls in order to determine with whom suspects were communicating.

The records, called “metadata,” include phone numbers people dialed and where they were calling from. The content of the calls isn’t obtained under this program.

In June, former NSA contractor Edward Snowden leaked one of the secret court orders demanding records form Verizon Communications Inc. Former officials say similar orders have been issued to AT&T Inc. and Sprint Corp.  A spokesmnn for AT&T didn’t respond to a request for comment Tuesday, and Sprint and Verizon declined to comment.

Judge Eagan has served as a federal trial judge in Oklahoma since 2001 after being nominated by President George W. Bush. She is a newcomer to the surveillance court, joining it when Chief Justice John Roberts appointed her in February.

A spokesman for the surveillance court, Sheldon Snook, declined to comment.

A Justice Department official confirmed the validity of the judge’s statement that no telecom company has challenged the legality of an order for records.

Director of National Intelligence James Clapper said Tuesday that the opinion underscored that the program is indeed legal. “The opinion affirms that the bulk telephony metadata collection is both lawful and constitutional,” he said in a statement. “The release of this opinion is consistent with the president’s call for more transparency on these valuable intelligence programs.”

But civil libertarians said the opinion showed the court is too deferential to the government. “The opinion only confirms the folly of entrusting Americans’ privacy rights to a court that meets in secret and hears argument only from the government,” said American Civil Liberties Union Deputy Legal Director Jameel Jaffer.

The order finds that the Fourth Amendment protections against unreasonable search and seizure don’t apply to business records, such as phone-call logs. According to a 1979 Supreme Court decision in Smith v. Maryland, which has set a precedent for more than 30 years, there is no expectation of privacy with regard to phone records.

The order also explains the legal reasoning that finds virtually all American phone records to be relevant to the NSA’s hunt for terrorists. It says these data meet “the standard for relevant” because “it is necessary to obtain the bulk collection of a telephone company’s metadata to determine those connections between known and unknown international terrorist operatives.”

via Secret Court Airs Ruling Upholding NSA Phone-Data Collection – WSJ.com.

 

By Cody Salfen. Cody Salfen is a California licensed private investigator and currently owns an operates Cody S Investigations (www.CodySInvestigations.com) – A California Private Investigation and Private Detective Agency.

Cody S Investigations provides mobile phone forensic investigation services for attorneys, law firms, businesses and individuals throughout California. This includes cell phone forensic investigations, cell phone data forensic investigations for criminal defense cases, mobile data forensic expert witness services, and more.

Visit the official Cody S Investigations website at www.CodySInvestigations.com or www.CodyPI.com. Alternatively, to speak with a member of the Cody S Investigations private investigation staff, you can call the Cody S Investigations San Francisco private detective staff at 415.932.9278 or 408.313.0109. Cody S Investigations provides a wide array of private investigation services in San Francisco, the surrounding areas, and investigative services throughout the State of California. Cody Salfen is a member of the California Association of Licensed Investigators, the Professional Investigators Association of California, the California Defense Investigators Association, the National Council of Investigation and Security Services, and the World Association of Detectives. In addition, Cody founded and operates Cody S & Associates, Inc. (www.CSI-Legal-Services.com) a security training, firearms training, security consulting, and CA Dept. of Justice and FBI approved Live Scan Fingerprinting Services.

DISCLAIMER: All materials, content and posts contained on this website are the intellectual property of Cody S Investigations and may not be copied, reproduced, distributed or displayed without the express written permission of Cody S Investigations. Cody S Investigations does not warrant, either expressly or implied, the accuracy, timeliness, or appropriateness of the information contained in any posting. Further, Cody S Investigations disclaims any responsibility for content errors, omissions, or infringing material and disclaims any responsibility associated with relying on the information provided on this website. Cody S Investigations is NOT a law firm and therefore cannot provide legal advice. As such, any information contained herein is not legal advice and should not be construed as legal advice. It is merely an opinion.

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SANTA BARBARA, CA – FBI seeks public’s assistance in unsolved 1985 murder of Kym Morgan

SANTA BARBARA, CA. For Immediate Release. By Cody Salfen. In 1985, Kym Morgan – at the time a student at Brooks Institute of Photography in Santa Barbara, California – placed an ad in a local newspaper in search for a new place to live. In her ad, Morgan indicated she was willing to babysit and handle other chores in exchange for room and board.

On April 28, 1985, Morgan told her roommates she would be traveling to “County Lumber” on the “Mesa” in Santa Barbara to meet with a prospective landlord (male) landlord and his children. The following day, Morgan’s roommates reported her missing when she never returned home after going to meet with the landlord.

Police located Morgan’s vehicle unoccupied, unlocked, and parked in the lumber store parking lot where she was supposed to meet the prospective landlord. Four days after Morgan’s roommates reported her missing, police located portions of Morgan’s body strewn across East Camino Cielo road in the mountains overlooking the Santa Barbara Coast. Various portions of Morgan’s body parts were never located.

 


Kim Morgan disappeared in Santa Barbara in 1985 and a portion of her remains were found the same week. The murder remains unsolved.

Kim Morgan disappeared in Santa Barbara, CA in 1985 and a portion of her remains were found the same week. Close to 30 years later, the murder remains unsolved.



This case remains unsolved and any information should be reported to the FBI’s Los Angeles Field Office – (310) 477-6565 – or the Santa Barbara Police Department – (805) 897-2300. See the full text of the FBI’s press release and information request (below).

Kym Morgan disappeared on April 28, 1985, after telling her roommate that she was going to meet a man who had called her about a newspaper ad Morgan had placed trying to find a new place to live. The ad stated that Morgan would babysit, garden, or do chores in exchange for rent and board. Morgan told her roommate that she was going to meet the man and his children at the County Lumber store on the mesa in Santa Barbara, California.Morgan was reported missing the next day, April 29, 1985, after she had not returned and her roommate and landlord found Morgans vehicle abandoned and unlocked in the lumber store parking lot. Four days later, Morgans partial remains were found strewn along the side of East Camino Cielo Road in the Los Padres National Forest above Santa Barbara, California. Her thighs had been placed alongside each other in a culvert. Her torso, right arm and lower left leg are still missing.Anyone with information concerning this case should contact the FBIs Los Angeles Field Office at 310 477-6565 or the Santa Barbara Police Department at 805 897-2300. You may also contact your local FBI office or the nearest American Embassy or Consulate. via FBI — KYM MORGAN.

By Cody Salfen. Cody Salfen is a California licensed private investigator and currently owns an operates Cody S Investigations (www.CodySInvestigations.com) – A California Private Investigation and Private Detective Agency. Cody graduated from the University of California, Santa Barbara and spent a number of years working within the Superior Court in Santa Barbara and for a number of criminal defense attorneys in Santa Barbara, CA. Visit the official Cody S Investigations website at www.CodySInvestigations.com or www.CodyPI.com. Alternatively, to speak with a member of the Cody S Investigations private investigation staff, you can call the Cody S Investigations San Francisco private detective staff at 415.932.9278 or 408.313.0109. Cody S Investigations provides a wide array of private investigation services in San Francisco, the surrounding areas, and investigative services throughout the State of California. Cody Salfen is a member of the California Association of Licensed Investigators, the Professional Investigators Association of California, the California Defense Investigators Association, the National Council of Investigation and Security Services, and the World Association of Detectives. In addition, Cody founded and operates Cody S & Associates, Inc. (www.CSI-Legal-Services.com) a security training, firearms training, security consulting, and CA Dept. of Justice and FBI approved Live Scan Fingerprinting Services.

DISCLAIMER: All materials, content and posts contained on this website are the intellectual property of Cody S Investigations and may not be copied, reproduced, distributed or displayed without the express written permission of Cody S Investigations. Cody S Investigations does not warrant, either expressly or implied, the accuracy, timeliness, or appropriateness of the information contained in any posting. Further, Cody S Investigations disclaims any responsibility for content errors, omissions, or infringing material and disclaims any responsibility associated with relying on the information provided on this website. Cody S Investigations is NOT a law firm and therefore cannot provide legal advice. As such, any information contained herein is not legal advice and should not be construed as legal advice. It is merely an opinion.

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San Mateo’s ‘Carolands Mansion Killer’ David Allen Raley attempts to avoid 1988 death sentence on account of a questionable Autism diagnosis

SAN JOSE, CA. For Immediate Release. By Cody Salfen. In 1985, David Allen Raley, a 23-year-old security guard at the Hillsborough estate known as the Carolands Mansion. It was at the Carolands mansion where Raley initiated a series of events that led to his 1988 conviction for murder and related death sentence. Raley kidnapped two curious teenage girls from the mansion – Jeanine Grinsell and Laurie McKenna. Raley stabbed both girls numerous times, placed them in the trunk of his car, went home to his family (with the two girls trapped in the trunk of his car), played a game of Monopoly, and thereafter traveled to South San Jose where he left both girls for dead in a ravine in San Jose.

McKenna survived and crawled to a public roadway where she was able to flag down a passing motorist who in turn summonsed the police. When medical personnel arrived on Scene both Grinsell and McKenna were alive. However, Grinsell later succumbed to her injuries, which resulted in a murder conviction and death sentence for Raley.

 

Convicted Killer David Allen Raley sits on Death Row at California's San Quentin State Prison for the 1985 Killing of Two Teenage Girls

Convicted Killer David Allen Raley sits on Death Row at California’s San Quentin State Prison for the 1985 Killing of Two Teenage Girls

Until recently, with the mandatory death penalty appeals exhausted, it appeared Raley’s fate was sealed. Raley was set to become one of the San Quentin Death Row inmates to die by lethal injection. However, as a result of an order from the Supreme Court of California, Raley’s fate is once more up in the air. At issue is autism – a mental disorder which Raley’s criminal defense attorneys claim preclude the state from executing Raley – who, again according to his criminal defense attorneys, is Autistic and therefore mentally retarded. In a recent court appearance in the Santa Clara County Superior Court, David Allen Raley’s defense team argued that pursuant to a 2002 US Supreme Court Decision, it would be unconstitutional for the state to proceed with executing Raley. Santa Clara County District Attorney Jeff Rosen opposes the latest appeal and stands by the late 80′s successful prosecution of Raley by the Santa Clara County District Attorney’s Office. The latest twist in Raley’s death penalty appeals matter is one of a handful of cases dealing with the issue of what constitutes “mental retardation” for the purposes of determining whether that person can be sentenced to death and executed. For more information, see the article below from the San Jose Mercury News.

More than six years ago, it appeared that condemned Santa Clara County killer David Allen Raley had run out of legal options to avoid execution. After two decades of appeals, the U.S. Supreme Court had rejected Raleys seemingly final challenge to his 1988 death sentence for murdering a Peninsula teenager and attempting to murder her high school friend. But as is often the case for California’s death row inmates, Raleys legal odyssey is far from over. Armed with a new order from the California Supreme Court, Raley has revived his appeals with a claim that he was mentally retarded at the time of his 1985 crime — a finding that would spare him from execution under a 2002 U.S. Supreme Court decision.

Monday, Santa Clara County Superior Court Judge Linda Clark will start a special two-week hearing in Raley’s case, which among other evidence has raised the unique claim that he is autistic and therefore falls under the legal protections against executing the mentally retarded. Clark will issue a recommendation to the state Supreme Court, which will make a final decision on Raley’s fate.

In the meantime, Raley’s legal team argues the 51-year-old death row inmate should spend the rest of his life in prison for the 1985 murder of Jeanine Grinsell and the attempted murder of her close friend, Laurie McKenna, inside a deserted Hillsborough mansion.

“It is very true that David Raley is significantly developmentally disabled,” said Robert Bacon, one of Raley’s lawyers.

Santa Clara County District Attorney Jeff Rosen, however, is opposing Raley’s appeal. Deputy District Attorney Matthew Braker, who is handling the case, declined to comment.

EVIDENCE OF ‘CUNNING’

In court papers submitted to Clark, prosecutors branded Raley’s argument a belated legal Hail Mary to avoid lethal injection and scoffed at the suggestion he is mentally disabled, noting his IQ tests were never below the standard threshold for mental retardation.”(Raley) acted alone in committing these horrible crimes and the facts elicited at trial show evidence of premeditation, cunning and problem solving, all characteristics inconsistent with a diagnosis of intellectual disability,” prosecutors wrote.

Raley’s case is part of an increasingly common legal battle unfolding in recent years in California and other death penalty states, the result of the U.S. Supreme Court’s ruling that it is unconstitutional to execute the mentally retarded.

The high court left it to the states to sort out which death row inmates or defendants facing capital murder charges may fall under the murky definition of mental retardation, forcing courts to grapple with evaluating whether there is clear proof of the disability before the age of 18.

The California Supreme Court has issued orders in dozens of cases like Raley’s in which death row inmates have made the claim, often decades after a crime and death sentence. These include Bay Area condemned killers Walter Cook, from San Mateo County, and Robert Young and Delaney Marks, sent to death row from Alameda County.

Courts have also spared some murderers from the death penalty at trial, including convicted San Jose cop killer DeShawn Campbell, who was found to be mentally retarded and sent to prison for life.

‘INCREDIBLE HESITATION’

Legal experts say courts have been confronted with efforts to expand the type of case that might fall under the Supreme Court’s bar on executing the mentally retarded, which rests in part on IQ results below a certain level, typically around 70.

But Raley, who is basing part of his argument on evidence of autism, may have an uphill fight. “There’s just an incredible hesitation to push to that next layer,” said Douglas Berman, an Ohio University law professor. Raley is on death row for kidnapping two high school students, Grinsell and McKenna, inside the mansion where he was a security guard. Raley stabbed both girls dozens of times and left them in a San Jose ravine; Grinsell died at a hospital and McKenna survived to testify.

Even if Raley’s mental retardation claims fail, it could be years before he is executed. Executions have been on hold in California for more than seven years as the state struggles to solve legal challenges to its lethal injection method, and the resolution is not close.

Death penalty supporters say claims such as Raley’s are contributing to the legal morass. “The fuzziness in the definition of retardation” has given death row inmates another avenue to contest their sentences, “even though generally meritless” said Kent Scheidegger, legal director of the pro-death penalty Criminal Justice Legal Foundation.

But Raley’s supporters say his case is an example of the state spending too much time and money on the death penalty. The American Civil Liberties Union cites his mental disability and costly appeals as reason to abandon capital punishment.

“He’s not the worst of the worst,” Bacon added. “The interests of public safety could be served with life in prison without the possibility of parole.”

Howard Mintz covers legal affairs. Contact him at 408-286-0236 or follow him at Twitter.com/hmintz.Read the arguments for and against lifting the death sentence against convicted killer David Raley at www.mercurynews.com/crime-courts.

 

via San Jose Mercury News – California death penalty and autism: Killer David Allen Raley seeks reprieve – San Jose Mercury News.

By Cody Salfen. Cody Salfen is a California licensed private investigator and currently owns an operates Cody S Investigations (www.CodySInvestigations.com) – A California Private Investigation and Private Detective Agency. Visit the official Cody S Investigations website at www.CodySInvestigations.com or www.CodyPI.com. Alternatively, to speak with a member of the Cody S Investigations private investigation staff, you can call the Cody S Investigations San Francisco private detective staff at 415.932.9278 or 408.313.0109. Cody S Investigations provides a wide array of private investigation services in San Francisco, the surrounding areas, and investigative services throughout the State of California. Cody Salfen is a member of the California Association of Licensed Investigators, the Professional Investigators Association of California, the California Defense Investigators Association, the National Council of Investigation and Security Services, and the World Association of Detectives. In addition, Cody founded and operates Cody S & Associates, Inc. (www.CSI-Legal-Services.com) a security training, firearms training, security consulting, and CA Dept. of Justice and FBI approved Live Scan Fingerprinting Services.

DISCLAIMER: All materials, content and posts contained on this website are the intellectual property of Cody S Investigations and may not be copied, reproduced, distributed or displayed without the express written permission of Cody S Investigations. Cody S Investigations does not warrant, either expressly or implied, the accuracy, timeliness, or appropriateness of the information contained in any posting. Further, Cody S Investigations disclaims any responsibility for content errors, omissions, or infringing material and disclaims any responsibility associated with relying on the information provided on this website. Cody S Investigations is NOT a law firm and therefore cannot provide legal advice. As such, any information contained herein is not legal advice and should not be construed as legal advice. It is merely an opinion.

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Corrupt Justice – Texas State Bar Seeks to Discipline Prosecutor for Concealing Evidence in Wrongful Conviction of Michael Morton

WILLIAMSON COUNTY, Texas. For Immediate Release. By Cody Salfen. In 1989, Michael Morton was convicted of murdering his wife. Over two decades later and after serving nearly 25 years for the murder, Morton has been exonerated – Michael Morton did not kill his wife and DNA evidence proved it.

The Texas State Bar alleges that Ken Anderson, the lead prosecutor in the 1989 trial that resulted in Morton’s wrongful conviction, concealed evidence and failed to disclose key evidence to Morton’s criminal defense attorney before and during the 1980′s murder trial – both a legal and ethical violation. Ken Anderson is currently facing potential disciplinary action by Texas State Bar in relation to the alleged prosecutorial misconduct. Anderson claims the statute of limitations bars the disciplinary proceedings from moving forward being that the alleged incidents of misconduct occurred over 24 years ago. The judge overseeing the matter has yet to issue a decision on the merits, if any, of Anderson’s statute of limitations claims. To read the full text of the Innocence Project blog post relating to the Texas State Bar proceedings, please see the full text of the article below and related link.

Michael Morton (left) pictured with his wife and son in the 1980's. Morton was wrongfully convicted and spent nearly 25 years in prison before DNA evidence proved his innocence.

Michael Morton (left) pictured with his wife and son in the 1980′s. Morton was wrongfully convicted of murdering his wife (right) and spent nearly 25 years in prison before DNA evidence proved his innocence.

 

A decision is expected soon on whether Williamson County Prosecutor Ken Anderson will face disciplinary charges for concealing evidence of Michael Morton’s innocence.

During a hearing on Friday afternoon, Anderson’s attorney and the State Bar pressed the court to issue a decision on whether or not Anderson can escape a disciplinary hearing because his alleged misconduct occurred beyond the statute of limitations, reported the Texas Tribune.

Despite a court order and legal obligation to do so, Anderson withheld evidence pointing to the innocence of Morton, who was later exonerated by DNA evidence after serving 25 years for his wife’s murder.

According to Anderson’s lawyer Eric Nichols, the State Bar’s claim is invalid because it was filed more than 24 years after the original trial and because the evidence Anderson is said to have concealed has been held by public entities since 1989.

The State Bar’s attorney, Laura Bayouth Popps, argued that Anderson’s files on the Morton investigation were not public record and could not have been obtained by a public information request within the timeframe of the statute of limitations, reported the Tribune.

“By virtue of being the lead prosecutor, Mr. Anderson had a constitutional and ethical duty to disclose this,” Popps said. “This does not take hiding the evidence in the attic or putting it in the trunk. All we have to show is that he had a duty to disclose and he didn’t.”

Popps also argued that the statute of limitations does not apply, alleging that Anderson’s efforts to conceal the evidence were ongoing, not a one-time offense.

“We would have liked to try this. We also would have liked for Mr. Morton not to have spent 25 years in prison,” Popps said. “Because of the fraud and concealment that took place here, no one was able to try this case any sooner.”

District Judge Kelly G. Moore said he will announce his decision by September 9. If the judge allows the State Bar to proceed, , the disciplinary action could proceed by the end of this month.

via Innocence Blog: Texas State Bar Association Seeks to Discipline Michael Morton’s Prosecutor.

By Cody Salfen. Cody Salfen is a California licensed private investigator and currently owns an operates Cody S Investigations (www.CodySInvestigations.com) – A California Private Investigation and Private Detective Agency, which focuses on criminal defense investigations, criminal appeals investigations, and various other criminal law and criminal defense related investigations.

Visit the official Cody S Investigations website at www.CodySInvestigations.com or www.CodyPI.com. Alternatively, to speak with a member of the Cody S Investigations private investigation staff or call the Cody S Investigations San Francisco private detective criminal defense staff at 415.932.9278 or 408.313.0109.

Cody S Investigations provides a wide array of private investigation services in the San Francisco bay area, the surrounding areas, and investigative services throughout the State of California. Cody Salfen is a member of the California Association of Licensed Investigators, the Professional Investigators Association of California, the California Defense Investigators Association, the National Council of Investigation and Security Services, and the World Association of Detectives. As a part of his private investigation work, Cody is a court appointed criminal investigator for the indigent defense panels in Santa Clara and Marin Counties – investigating a wide array of criminal offenses.

In addition, Cody founded and operates Cody S & Associates, Inc. (www.CSI-Legal-Services.com) a security training, firearms training, security consulting, and CA Dept. of Justice and FBI approved Live Scan Fingerprinting Services.

DISCLAIMER: All materials, content and posts contained on this website are the intellectual property of Cody S Investigations and may not be copied, reproduced, distributed or displayed without the express written permission of Cody S Investigations. Cody S Investigations does not warrant, either expressly or implied, the accuracy, timeliness, or appropriateness of the information contained in any posting. Further, Cody S Investigations disclaims any responsibility for content errors, omissions, or infringing material and disclaims any responsibility associated with relying on the information provided on this website. Cody S Investigations is NOT a law firm and therefore cannot provide legal advice. As such, any information contained herein is not legal advice and should not be construed as legal advice. It is merely an opinion.

Follow Cody Salfen on Google+

Ariel Castro found dead in his Ohio prison cell an apparent suicide

ORIENT, Ohio. For Immediate Release. By Cody Salfen. Ariel Castro, the Ohio man who recently plead guilty to various criminal charges relating to his kidnapping, rape, and holding captive of three women for nearly a decade was found dead in his Orient, Ohio prison cell late Tuesday evening. Authorities have already completed an autopsy citing suicide as the cause of death. Castro apparently utilized his prison issue bedsheets to hang himself. Castro was recently sentenced to life in prison plus 1,000 years as a result of a guilty plea. Castro escaped a death sentence and the surviving victims were spared a trial as a result of the guilty plea. For more information regarding the suicide of Ariel Castro, see the full text of the article below.

Ariel Castro found dead in his Ohio prison cell in an apparent suicide

Ariel Castro found dead in his                                    Ohio prison cell in an apparent suicide

 

Ariel Castro, who was sentenced to life in prison last month for abducting and sexually abusing three young women in his Cleveland home, hanged himself in his cell Tuesday night, according to preliminary results of an autopsy performed early Wednesday. Castro, 53, was found at 9:20 p.m. ET hanging in his cell at the Correction Reception Center in Orient, Ohio, where he was being held under protective custody. Prison medical staff attempted lifesaving measures on the scene before he was transported to the Ohio State University Wexner Medical Center and pronounced dead at 10:52 p.m. ET, according to JoEllen Smith spokesperson with the Ohio Rehabilitation and Correction department. Franklin County coroner Dr. Jan Gorniak said preliminary results of the autopsy confirmed that Castros death was a suicide and the cause of death was hanging. She said toxicology tests would be completed later. Castro was not under suicide watch, but was being checked on by guards every 30 minutes. Smith said in a statement that a “thorough review” of the incident was underway.The former Cleveland bus driver was sentenced to life in prison plus 1,000 years on Aug. 1 for abducting three young women — Amanda Berry, Gina DeJesus and Michelle Knight — over a 10-year period and holding them them captive in chains in his Cleveland home.They were freed May 6 when Berry, who had a child fathered by Castro during her ordeal, managed to escape and alerted neighbors who called police to the rundown house on Seymour Ave. Cleveland Mayor Frank Jackson said the citys focus would remain on the three victims.”It is our sincere hope that they will continue to heal and recover,” he said Wednesday. “I ask the community to continue to respect the privacy of the survivors so that they can move forward with their lives.”At his sentencing, Castro apologized for his actions but also attempted to blame his acts on an obsession with sex and his own history of being abused as a child, telling the court: “I am not a monster. Im sick.”Knight, the only victim to face Castro in court, said she would never forgive him for more than a decade of daily abuse.”I spent 11 years in hell,” she told Castro at his sentencing.”Now your hell is just beginning,” she said. “I will overcome all that happened, but youre going to face hell for eternity.”

via Autopsy: Ariel Castro hanged himself in prison cell.

By Cody Salfen. Cody Salfen is a California licensed private investigator and currently owns an operates Cody S Investigations (www.CodySInvestigations.com) – A California Private Investigation and Private Detective Agency. Visit the official Cody S Investigations website at www.CodySInvestigations.com or www.CodyPI.com or to speak with a member of the Cody S Investigations private investigation staff, call the Cody S Investigations San Francisco private detective staff at 415.932.9278 or 408.313.0109. Cody S Investigations provides a wide array of private investigation services in San Francisco, the surrounding areas, and investigative services throughout the State of California. Cody is an experience criminal investigator and currently handles a wide array of related investigations including death investigations, suicide investigations, wrongful death investigations, attempted murder investigations, and various other investigations.

Cody Salfen is a member of the California Association of Licensed Investigators, the Professional Investigators Association of California, the California Defense Investigators Association, the National Council of Investigation and Security Services, and the World Association of Detectives.

In addition, Cody founded and operates Cody S & Associates, Inc. (www.CSI-Legal-Services.com) a security training, firearms training, security consulting, and CA Dept. of Justice and FBI approved Live Scan Fingerprinting Services.

DISCLAIMER: All materials, content and posts contained on this website are the intellectual property of Cody S Investigations and may not be copied, reproduced, distributed or displayed without the express written permission of Cody S Investigations. Cody S Investigations does not warrant, either expressly or implied, the accuracy, timeliness, or appropriateness of the information contained in any posting. Further, Cody S Investigations disclaims any responsibility for content errors, omissions, or infringing material and disclaims any responsibility associated with relying on the information provided on this website. Cody S Investigations is NOT a law firm and therefore cannot provide legal advice. As such, any information contained herein is not legal advice and should not be construed as legal advice. It is merely an opinion.

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AT&T Hosts Massive Cell Phone Record Database For DEA Through “Project Hemisphere”

SEATTLE, Washington. For Immediate Release. By Cody Salfen. For over six years, through a newly uncovered anti-drug-effort spearheaded by the DEA (Drug Enforcement Administration), federal law enforcement agents have turned to a streamlined data-mining program in quickly and efficiently carrying out the accessing and mining of mobile phone records/cell phone records pursuant to criminal investigations and related criminal subpoenas.

"Project Hemisphere" is a federally funded program whereby federal law enforcement officers are able to quickly access and mine cell phone data records pursuant to federal criminal subpoenas

“Project Hemisphere” is a federally funded program whereby federal law enforcement officers are able to quickly access and mine cell phone data records pursuant to federal criminal subpoenas

As originally reported by ABC News and the New York Times, the project dubbed “Project Hemisphere,” is funded by the Drug Enforcement Administration and the (US) Office of National Drug Control Policy. According to the earlier reports, the feds pay the salaries of up to four private-sector-employees (AT&T employees). These AT&T employees are strategically located within at least three federal offices throughout the country in order to facilitate expedited furnishing of cell phone records and mobile phone records to federal authorities pursuant to federal criminal subpoenas.

According to the Associated Press, an anonymous Obama Administration employee (not authorized to discuss the program) told an AP reporter the AT&T employees are located in “High Intensity Drug Trafficking Area” offices (also known as “HIDTA”) throughout the country, including HIDTA offices in Atlanta, Houston and Los Angeles. As opposed to traditional subpoena procedures (which could result in days, weeks, months, or even years lapsing before records were produced pursuant to a criminal subpoena), the feds defend the program as providing an expedited procedure by which federal investigators can quickly obtain records they claim are essential in adequately investigating large scale narcotics operations in a climate that could otherwise result in missed investigative opportunities and/or instances where records are deleted or purged by the time the subpoena is processed. On the other side of the issue are those raising various privacy-rights related issues and questions regarding the co-mingling of the public and private sectors. For more information regarding the Project Hemisphere program and the cell phone data mining associated with the program, see the full text of the article below.

SEATTLE  — For at least six years, federal drug and other agents have had near-immediate access to billions of phone call records dating back decades in a collaboration with AT&T that officials have taken pains to keep secret, newly released documents show.

The program, previously reported by ABC News and The New York Times, is called the Hemisphere Project. It’s paid for by the U.S. Drug Enforcement Administration and the Office of National Drug Control Policy, and it allows investigators armed with subpoenas to quickly mine the company’s vast database to help track down drug traffickers or other suspects who switch cellphones to avoid detection.

The details of the Hemisphere Project come amid a national debate about the federal government’s access to phone records, particularly the bulk collection of phone records for national security purposes. Hemisphere, however, takes a different approach from that of the National Security Agency, which maintains a database of call records handed over by phone companies as authorized by the USA Patriot Act.

“Subpoenaing drug dealers’ phone records is a bread-and-butter tactic in the course of criminal investigations,” Justice Department spokesman Brian Fallon said in an email. “The records are maintained at all times by the phone company, not the government. This program simply streamlines the process of serving the subpoena to the phone company so law enforcement can quickly keep up with drug dealers when they switch phone numbers to try to avoid detection.”

The Associated Press independently obtained a series of slides detailing Hemisphere. They show the database includes not just records of AT&T customers, but of any call that passes through an AT&T switch.

The federal government pays the salaries of four AT&T employees who work in three federal anti-drug offices around the country to expedite subpoena requests, an Obama administration official told the AP on Monday. The official spoke on the condition of anonymity because he or she was not authorized to discuss the program, and said that two of the AT&T employees are based at the High Intensity Drug Trafficking Area office in Atlanta, one at the HIDTA office in Houston, and one at the office in Los Angeles.

via AT&T Hosts Massive Caller Database For DEA.

By Cody Salfen. Cody Salfen is a licensed private investigator in San Francisco, California and currently owns an operates Cody S Investigations (www.CodySInvestigations.com) – A California Private Investigation and Private Detective Agency. Cody S Investigations provides a wide array of private investigation services, which includes mobile phone forensics / cell phone forensic investigations, computer data forensics (forensic computer investigations), forensic hard-drive-analysis related investigations and services, and various other technology related investigation services.

Visit the Cody S Investigations website at www.CodySInvestigations.com or www.CodyPI.com. Alternatively, to speak with a member of the Cody S Investigations private investigation staff, you can call the Cody S Investigations San Francisco private detective staff at 415.932.9278 or 408.313.0109. Cody S Investigations provides a wide array of private investigation services in San Francisco, the surrounding areas, and investigative services throughout the State of California. Cody Salfen is a member of the California Association of Licensed Investigators, the Professional Investigators Association of California, the California Defense Investigators Association, the National Council of Investigation and Security Services, and the World Association of Detectives. In addition, Cody founded and operates Cody S & Associates, Inc. (www.CSI-Legal-Services.com) a security training, firearms training, security consulting, and CA Dept. of Justice and FBI approved Live Scan Fingerprinting Services.

DISCLAIMER: All materials, content and posts contained on this website are the intellectual property of Cody S Investigations and may not be copied, reproduced, distributed or displayed without the express written permission of Cody S Investigations. Cody S Investigations does not warrant, either expressly or implied, the accuracy, timeliness, or appropriateness of the information contained in any posting. Further, Cody S Investigations disclaims any responsibility for content errors, omissions, or infringing material and disclaims any responsibility associated with relying on the information provided on this website. Cody S Investigations is NOT a law firm and therefore cannot provide legal advice. As such, any information contained herein is not legal advice and should not be construed as legal advice. It is merely an opinion.

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Novato Man Sues Blue Man Group – Claiming Blue Ball Injury (Personal Injury Lawsuit)

SAN FRANCISCO, CA. For Immediate Release. By Cody Salfen. What does the term “blue balls” mean to you? For a Novato, CA man, blue balls were the cause of an injury as they flew through the audience during a 2011 “Blue Man Group” performance at the Golden Gate Theatre near Market Street in San Francisco (or so he alleges in a recent lawsuit filed by Stan Michelman in the Marin County Superior Court). In addition to seeking $40,000 for medical expenses Michelman claims he incurred as a result of a blue ball being tossed into the crowd, Michelman is seeking  additional injury and emotional distress related damages, interest, costs, and attorneys fees. For more information related to the Marin County, California case and the related personal injury investigation, see the article below from the San Jose Mercury News.

Novato, CA Man Files Personal Injury Lawsuit Against Blue Man Group

Novato, CA Man Files Personal Injury Lawsuit Against Blue Man Group

A Novato man who attended a Blue Man Group show in San Francisco is suing the performers and the theater, claiming he was injured by a blue ball that flew into the audience.

Stan Michelman says he went a June 2011 show by the troupe, whose blue-tinted performers offer a mix of music, comedy and visual spectacle. The show was at the Golden Gate Theatre off Market Street.

‘During said performance, a large blue plastic or rubber like ball was thrown into the audience without warning to Plaintiff,’ wrote Michelman’s lawyer, James Proctor of San Rafael. ‘In an attempt to protect himself Plaintiff extended his left arm in the air to block the ball from hitting him in the face.Plaintiff was not provided advance warning that items would be thrown into the audience, of which he was a member.’

The lawsuit claims Michelman suffered ‘shock and injury to his nervous system,’ ‘great mental, physical, and nervous pain and suffering’ and loss of past and future wages. He said the medical expenses exceeded $40,000.

The lawsuit seeks damages, interest, attorney’s fees and legal costs. The defendants named in the suit include Blue Man Group, its tour management company, Golden Gate Theatre and the theater’s owner, Shorenstein Hays Nederlander.

A spokesman for the group did not provide a response to the lawsuit, and theater executives did not return calls for comment.

Michelman filed the lawsuit in his local state court, Marin Superior Court. A case management conference is scheduled for Nov. 4 before Judge Roy Chernus.

Court minutes show that Proctor, the plaintiff’s lawyer, missed a Aug. 23 deadline to file proof that the lawsuit had been served on the defendants, and he also failed to appear in court. He was ordered to appear on Sept. 23. Proctor did not respond to calls for comment.

Blue Man Group’s stage act has resulted in at least one other lawsuit.

In 2008, James Srodon claimed he was traumatized at a show in Chicago when one Blue Man pulled his head back and another allegedly shoved a camera down his throat. A jumbo screen in the theater showed apparently live video footage from the so-called “esophagus cam” as it descended the man’s throat.

The production company denied that camera actually entered the man’s throat. The group said the incident was a trick to make audience members think they were watching the camera going down the man’s throat, when in fact the footage was from a prerecorded medical video.

‘The matter was settled for nominal dollars,’ said Antonio Romanucci, the lawyer who filed the suit for Sroden. “I eventually withdrew from the case.”

via Novato man sues Blue Man Group, claiming injury by ball at show – San Jose Mercury News.

By Cody Salfen. Cody Salfen is a California licensed private investigator and currently owns an operates Cody S Investigations (www.CodySInvestigations.com) – A California Private Investigation and Private Detective Agency. Visit the official Cody S Investigations website at www.CodySInvestigations.com or www.CodyPI.com. To speak with a member of the Cody S Investigations private investigation staff, call the Cody S Investigations San Francisco private detective staff at 415.932.9278 or 408.313.0109.

Cody S Investigations provides a wide array of private investigation services in San Francisco, the surrounding areas, and investigative services throughout the State of California. This includes San Francisco and Marin County personal injury investigations, liability related investigations, insurance fraud investigations, subrosa investigations, and premise liability investigations.

Cody Salfen is a member of the California Association of Licensed Investigators, the Professional Investigators Association of California, the California Defense Investigators Association, the National Council of Investigation and Security Services, and the World Association of Detectives. In addition, Cody founded and operates Cody S & Associates, Inc. (www.CSI-Legal-Services.com) a security training, firearms training, security consulting, and CA Dept. of Justice and FBI approved Live Scan Fingerprinting Services.

DISCLAIMER: All materials, content and posts contained on this website are the intellectual property of Cody S Investigations and may not be copied, reproduced, distributed or displayed without the express written permission and consent of Cody S Investigations. Cody S Investigations does not warrant, either expressly or implied, the accuracy, timeliness, or appropriateness of the information contained in any posting. Further, Cody S Investigations disclaims any responsibility for content errors, omissions, or infringing material and disclaims any responsibility associated with relying on the information provided on this website. Cody S Investigations is NOT a law firm and therefore cannot provide legal advice. As such, any information contained herein is not legal advice and should not be construed as legal advice. It is merely an opinion.

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A Sheriff’s Deputy in Alabama Charged With Insurance Fraud

BIRMINGHAM, Alabama. For Immediate Release. By Cody Salfen. A Sheriff’s Deputy in Jefferson County Alabama is being charged with insurance fraud after (allegedly) falsely reporting his vehicle stolen. 36-year-old Derrick Colley has been a deputy with the Jefferson County Sheriff’s Office in Alabama for approximately ten years and the Birmingham Police Department arrested Colley after uncovering facts that pointed to a potentially fraudulent police report filed by Colley. In addition to the pending criminal charges, Colley’s department (the Jefferson County Sheriff’s Office) has launched an internal affairs investigation into the alleged misconduct. For more information regarding this investigation, see the full text of the article below from AL.com.

Jefferson County, Alabama Deputy Sheriff Arrested for Insurance Fraud Charges (Booking Photo Pictured Above)

Jefferson County, Alabama Deputy Sheriff Derrick Colley Arrested for Insurance Fraud Charges (Booking Photo Pictured Above)

A Jefferson County Sheriff’s deputy is charged with insurance fraud after authorities said he falsely reported his 2011 Ford Mustang stolen.

Birmingham police officials today announced the charge against Deputy Derrick Leon Colley, 36, of Birmingham. Colley was arrested Tuesday. He was transferred to the county jail today just after 1 p.m., and since has been released after posting his $30,000 bond.

Birmingham police Deputy Chief Henry Irby said detectives investigating the reported auto theft received additional information that caused them to look further. Authorities are not releasing the specifics of that information, but said it was used to obtain the warrant.

Colley is a 10-year veteran of the sheriff’s office. He was currently assigned to the Civil Division.

Sheriff’s Chief Deputy Randy Christian said sheriff’s officials were notified Tuesday about the investigation and immediately began their own Internal Affairs probe. Colley has been placed on leave, and his uniforms, equipment and credentials have been taken away from him.

“Obviously when that is complete termination of employment will follow,” Christian said today. “Our reputation means a great deal to us and he will be held accountable.”

“It is a sad day for the Sheriff’s Office family but this will not slow down our commitment to excellence and it is not a reflection on the fine men and women that serve this office and County so honorably,” Christian said. “Our action will be swift and sure so there is no question about how we feel about someone that would break the law, most especially one of our own.”

“We invest a lot in our personnel and expect the best out of them,” he said. “I can’t begin to describe how disappointed I am.”

via Jefferson County sheriff’s deputy charged with insurance fraud | al.com.

By Cody Salfen. Cody Salfen is a California licensed private investigator and currently owns an operates Cody S Investigations (www.CodySInvestigations.com) – A California Private Investigation and Private Detective Agency. Cody S Investigations handles a number of criminal, civil and domestic private investigation services. This includes fraud investigations, insurance investigations, insurance fraud investigations, insurance related investigations, and various other insurance fraud private investigation services. Visit the official Cody S Investigations website at www.CodySInvestigations.com or www.CodyPI.com. To speak with a member of the Cody S Investigations private investigation staff, you can call the Cody S Investigations San Francisco private detective staff at 415.932.9278 or 408.313.0109. Cody S Investigations provides a wide array of private investigation services in San Francisco, the surrounding areas, and investigative services throughout the State of California. Cody Salfen is a member of the California Association of Licensed Investigators, the Professional Investigators Association of California, the California Defense Investigators Association, the National Council of Investigation and Security Services, and the World Association of Detectives. In addition, Cody founded and operates Cody S & Associates, Inc. (www.CSI-Legal-Services.com) a security training, firearms training, security consulting, and CA Dept. of Justice and FBI approved Live Scan Fingerprinting Services.

DISCLAIMER: All materials, content and posts contained on this website are the intellectual property of Cody S Investigations and may not be copied, reproduced, distributed or displayed without the express written permission of Cody S Investigations. Cody S Investigations does not warrant, either expressly or implied, the accuracy, timeliness, or appropriateness of the information contained in any posting. Further, Cody S Investigations disclaims any responsibility for content errors, omissions, or infringing material and disclaims any responsibility associated with relying on the information provided on this website. Cody S Investigations is NOT a law firm and therefore cannot provide legal advice. As such, any information contained herein is not legal advice and should not be construed as legal advice. It is merely an opinion. 

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