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According to the New York Times, one in five teens may be a child pornographer risking life in prison — for the crime of taking and distributing naked pictures of themselves.

According to a recent study commissioned by the National Campaign to Prevent Teen and Unplanned Pregnancy and CosmoGirl.com, 20 percent of teenagers have taken nude or semi-nude pictures or videos of themselves and sent them to someone or posted them online. Most send these gifts to their boyfriend or girlfriend (69 percent) or someone they want to date or hook up with (30 percent).

These statistics are alarming, but so is the fact that ‘sexting” is now a crime. So what may seem on the surface to be puppy love in the information age now could put kids in jeopardy for prison time- as child pornographers no less.

It’s illegal under federal and state child-porn laws to create explicit images of a minor and to posses them or distribute them. These laws were drafted to address adult abuse of minors, but it turns out they don’t exempt minors who create and distribute images, even if the pictures are of them. In fact, prosecutors in several states are going after creator-victims, in both federal and state court. Some kids are being charged as juveniles but under Federal law, there is no such equivalent.

So when a 16-year-old with takes pictures of herself and sends them to a boy to seduce him, she could get life in federal prison under current sentencing guidelines. If she does manage to get out, she may have to register as a sex offender.

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The Orange County District Attorney’s Office has obtained a grand jury indictment against a 20-year-old woman accused of killing another young woman while driving drunk.

According to reports, in the early morning of February 1st, Brittney Schuetz was driving between 90 and 100 mph on Imperial Highway when she failed to stop at a red light and collided with April Whang’s Acura Integra. According to reports, La Habra police found Schuetz sitting in the driver’s seat showing signs of intoxication, including giving off a strong odor of alcohol, having bloodshot eyes and watery eyes. Schuetz is accused of driving with a blood-alcohol content of 0.24 percent, three times the legal limit, while on probation from a 2007 driving-under-the-influence conviction.

Following the February 1st crash, the District Attorney’s Office charged the Santa Ana woman by felony complaint with one count of Murder. Yesterday’s grand jury indictment will allow prosecutors the opportunity to bring the case to trial more quickly by skipping a preliminary hearing. Preliminary hearings are usually after the arraignment, and is a preliminary determination where the judge decides whether there is enough evidence to force the defendant to stand trial. Defendant’s are not entitled to a preliminary hearing if the grand jury passes down an indictment.

At the preliminary hearing, the judge makes determination whether the state has a case using the probable cause standard–which is much lower than the state’s burden at trial which is to prove their case beyond a reasonable doubt. Preliminary hearings are important to a defense for many reasons. For one, it gives the defense an opportunity to cross examine the state’s witnesses on the record which could be a great tool to use against them at trial. Second, if probable cause is not found, a judge can release the defendant who is held with no bond.

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The New York Times is reporting that last week an eight-week federal drug trial in Florida was jeopardized when the jurors admitted to the judge that they had been doing independent research throughout the trial on their cell phones. This is a direct violation of the instructions any jury receives–including Orange County juries–and as a result a mistrial was announced.

Use of BlackBerrys and iPhones by jurors gathering and sending out information about cases is an epidemic in courtrooms throughout the country, causing mistrials and frustrating judges and attorneys. For example, last week, a building company asked an Arkansas court to overturn a $12.6 million judgment, claiming that a juror used Twitter to send updates during the trial.

In trial, jurors are not supposed to seek information outside of the courtroom and are instructed to only base their verdict on facts presented to them in trial- and never, under any circumstance seek out additional evidence on their own.

These reports are unsettling as it calls into question a Los Angeles defendant’s constitutional right to a fair trial on every case regardless of whether it is a DUI or a murder case. At some point, I could see judges confiscating cell phones while jurors are serving on a panel. However, technology does have a silver lining for trial attorneys. Now more than ever, attorneys can find out more information about potential jurors and their opponent’s witnesses as a result of social networking sites like Facebook and MySpace.

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The Orange County Register reports that during the four-plus years that the Tom and Jackie Hawks murder case was in the Orange County criminal courts, their boat, the “Well Deserved” was preserved as evidence – perhaps the largest single item ever saved in an Orange County criminal case.

In 2004 the Hawks were lured to sea by Skylar Deleon in an elaborate murder scheme to steal the yacht. The District Attorney’s case claimed that somewhere near Catalina, Deleon and accomplice John F. Kennedy subdued Thomas Hawks below deck with the help of a Taser gun while co-conspirator Alonso Machain grabbed Jackie Hawks in the galley and bound, blindfolded, gagged the couple as they were forced to sign sales documents. Then they were tied to a 55-pound anchor and thrown overboard.

Deleon and Kennedy were tried separately and convicted of two counts of first-degree murder and are awaiting possible death sentences later this month. Machain, cooperated with prosecutors and testified against the others in exchange for escaping a potential death sentence. He is expected to plead guilty and is looking at a life term in prison.

With all the trials over, the Well Deserved is no longer needed as evidence and it will soon be released to the Hawks’ sons Ryan and Matt. The long range plan, Ryan Hawks has said, is to sell the yacht — not because of what happened to their parents aboard it, but because they are not at a point in their lives where they can afford or maintain the yacht.

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Jose Anthony Verduzco was found guilty of killing the lover of his longtime girlfriend and plotting out the act beforehand. According to the Orange County Register, the Orange man looked straight ahead as the guilty verdict was read.

The District Attorney’s Office argued to the jury that Verduzco planned, confronted, shot and killed Miguel Angel Jimenez in the driveway outside Verduzco’s home in November, 2005. Conversely, throughout the trial, the defense maintained that Verduzco shot Jimenez in “the heat of passion”– a defense commonly-raised in first degree murder cases. The murder in this case occurred one week after Verduzco discovered that the girlfriend he had for 24 years was having an affair with Jimenez.

The jury apparently thought that a week was too much time for Verduzco to be so caught up in his anger so as not to be able to control his actions–which could warrant a conviction for a lesser charge. Instead the jury found that the killing was intentional and calculated, which justified a first degree murder conviction. Verduzco will be sentenced on April 1 and faces 50 years to life in state prison.

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A man suspected in a rash of bank robberies in Moreno Valley, Corona, Riverside and Norco was arrested last week by Moreno Valley police. According to The Press Enterprise, the FBI has been working on the case with police in Riverside and Corona–as well as Riverside County sheriff’s deputies in Norco and Moreno Valley–to track the robber down.

The robber was nicknamed the “neck brace bandit” because the bank robber who entered the banks wore a neck brace, a floppy hat and a bandage over his nose, and handed over a note demanding cash and threatened tellers and customers. The Neck Brace Bandit was seen last driving an older Mercedes with black chrome rims.

This week, Moreno Valley police stopped a Mercedes that matched that description for a traffic infraction and arrested the driver on suspicions he was involved in one of the robberies. Police said they found evidence related to the robberies — but not a neck brace — at the driver’s home.

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Two juveniles are in custody relating to allegations of a litany of street robberies committed over a one-month period in the Silver Lake and Echo Park areas of Los Angeles. The crimes appear to be gang related.

The L.A. Daily News reports that this weekend, LAPD gang officers arrested two juvenile gang members for allegedly committing a series of street robberies in late December and throughout January of this year. The suspects in the robberies targeted lone men walking on the street between midnight and 3:30 a.m. during this month-long time period.

Reports say that police served a search warrant at one of the juvenile’s residence and evidence recovered may be related to the robberies. Some of the items recovered included cellular phones, walkie-talkies, and several knives and guns that are believed to have been used during the commission of some of the Los Angeles robberies.

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On Wednesday, Los Angeles City Council agreed to pay nearly $13 million to people injured or mistreated in a 2007 May Day melee in MacArthur Park–bringing the total money spent over the last two weeks to settle lawsuits alleging LAPD misconduct to more than $30 million.
However, the L.A. Daily News reports that up until Wednesday’s announcement, the amount of money the City of Los Angeles has paid in lawsuits against the Los Angeles Police Department dropped over 90 percent between 2000 and 2008. The Daily News also has a database of nearly 1,600 LAPD lawsuits. The highlights? Two $950,000 settlements for 1999 and 2004 civil rights violations as well as $900,000 settlement in a 2004 sexual harassment case. The database can be found here.

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A few months ago, I posted on the backlog of DNA testing by the L.A. County Sherriff’s office- and how these backlogs are causing investigations to be dropped by the Orange County District Attorney’s Office because the statute of limitation has run. This week, the Los Angeles Times reports that initial tallies of cases that are affected by the backlog were underestimated. To date, there are 815 sexual assault cases with untested DNA and the statute of limitations has expired on 51 of these cases.

One Sheriff’s County supervisor said that currently 4,738 of the sexual assault kits in county storage facilities remain untested – and about 20% of them are from other police agencies in the county that rely on the sheriff’s crime laboratory for DNA testing. And apparently over 100 of these cases are within six months of the ten year statute of limitations that prosecutors have to file a felony.

These are troubling statistics. On one hand, this evidence may contain the “smoking gun” to put a sexual predator behind bars and keep our communities safe. On the other hand, who knows what sort of exonerating evidence is contained in those nearly 4,800 kits. Either way, it is contrary to how law enforcement should be handling investigations and someone needs to find the resources to get through this backlog quickly and efficiently.

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If you have been arrested for a criminal charge in Orange County, your first appearance in court is called an “arraignment.” At an arraignment, a judge or magistrate informs a defendant what charges are being brought against him and what constitutional rights a defendant has- such as a right to counsel and the right to a jury trial. In misdemeanors where the prosecution is seeking jail time or in felonies, if a defendant cannot afford and attorney, a public defender will be appointed. Usually, a defendant has to complete an affidavit of indingency in order for a public defender to be appointed.

Defendants also enter a plea at the arraignment. A defendant has three plea options: a Not Guilty Plea, a Guilty Plea and a plea of no contest–sometimes called a “nolo” or “nolo contendre” plea. A Nolo plea has the same effect as a guilty plea except the conviction cannot be used against the defendant in a civil suit.

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