Appellant's conviction for attempted murder is reversed and the matter is remanded to permit the People to retry the charge. In all other respects, the judgment of conviction is affirmed. People v. Jordan, No. B295816, 2022 WL 794887, at *20 (Cal. Ct. App. Mar. 16, 2022), as modified on denial of reh'g (Apr. 6, 2022), review denied (June 15, 2022)
The People charged Ralph Acero with rape and forcible oral copulation of his 19–year–old stepdaughter. The first trial resulted in a hung jury. In the second trial the jury convicted Acero of both counts and the court sentenced him to 14 years in prison. A combination of evidentiary errors requires us to reverse the convictions. People v. Acero, No. B249581, 2015 WL 1942718, at *1 (Cal. Ct. App. Apr. 29, 2015)
Conviction for sexual penetration with a foreign object reversed. People v. Castellanos, No. B290008, 2020 WL 5105108, at *18 (Cal. Ct. App. Aug. 31, 2020), review denied (Nov. 10, 2020)
People v. Rodriguez, No. F074741, 2018 Cal.App.Unpub. LEXIS 170 (Cal. Ct. App. Jan. 10, 2018)
We reverse as to one of the attempted forcible rape convictions and remand to the trial count to determine whether to strike count 4 or count 6. In all other respects the judgment is affirmed. People v. Medina, No. B287499, 2018 WL 5004159, at *1 (Cal. Ct. App. Oct. 16, 2018)
Appellant's conviction in count 2 for violating Penal Code section 288.5 is reversed, and his sentence of 15 years to life on count 2 is stricken. People v. Diaz, No. 2D CRIM. B276800, 2018 WL 947975, at *10 (Cal. Ct. App. Feb. 20, 2018)
Defendants were convicted Superior Court, Los Angeles County, No. TA142561, Sean D. Coen, J., of first degree murder, attempted willful, deliberate, and premeditated murder, and shooting at an occupied vehicle. Defendants appealed. Holdings: The Court of Appeal, Feuer, J., held that: 1 instruction on kill zone theory for establishing specific intent to kill required for conviction for attempted murder was not warranted, and 2 trial court's error in instructing jury on kill zone theory was not harmless. Affirmed in part; reversed and remanded in part. People v. Booker, 58 Cal. App. 5th 482, 272 Cal. Rptr. 3d 421 (2020), review denied (Feb. 24, 2021)
Defendant was convicted of knowingly importing cocaine. Defendant appealed. Holdings: The Court of Appeals held that: 1. statement made by defendant's wife in jail call with him was not admissible as an adoptive admission by defendant; 2. prosecutor made closing comments that were not supported by any evidence and misstated the evidence; and 3. Court of Appeals would not conduct harmless error review sua sponte. Us V. Sanchez-Soto (9th.Cir.2015) 617 Fed.Appx. 695
Background: After petitioner was adjudicated of violating prohibition against annoying or molesting a child and committed to Division of Juvenile Justice as a result of committing another non-sex crime, which required petitioner to register as sex offender upon his release, petitioner filed writ of mandate petition, requesting relief from mandatory sex offender registration. The Superior Court, Monterey County, Nos. M122167, J29777, Robert A. Burlison, J., denied relief. Petitioner appealed. Holding: The Court of Appeal, Premo, J., held that mandatory sex offender registration requirement violated petitioner's equal protection rights. Ruelas v. Superior Court, 182 Cal.Rptr.3d 795 (2015)
Jamaal Gaither appeals from the superior court's order denying his petition under Penal Code section 1170.951 to vacate his 2001 conviction for the second degree murder of Africa Sweeney. Gaither contends the trial court used the wrong standard at the hearing in denying his petition based on its conclusion that substantial evidence supported a finding Gaither could be convicted under current law. We join other appellate courts that have held the trial court must act not as a quasi-appellate court but rather as an independent trier of fact, who determines whether the People have proved—beyond a reasonable doubt—the petitioner is guilty under a theory that remains valid after the enactment of Senate Bill No. 1437. Because the record is unclear as to whether the trial court applied a substantial evidence standard or, acting as a finder of fact, applied the beyond a reasonable doubt standard, we reverse and remand. People v. Gaither, No. B307936, 2022 WL 167511, at *1 (Cal. Ct. App. Jan. 19, 2022)
Defendant was convicted, in the United States District Court for the Southern District of California, Roger T. Benitez, J., of importing cocaine and methamphetamine. Defendant appealed. Holdings: The Court of Appeals held that: 1. threshold findings were not made for admission, as nonhearsay adopted admission, of a statement that the defendant's daughter made during recorded jail call, and 2. the error was not harmless. Reversed and remanded. 659 Fed.Appx. 417, United States v. Nevarez, 659 F. App'x 417 (9th Cir. 2016)
Appellants Tony Smith and Kevin Black were convicted of second degree murder based in large part on video surveillance footage. After the verdict, counsel for all parties discovered the jury had viewed evidence never admitted at trial. Accordingly, we reverse the judgment. People v. Smith, No. B286716, 2019 WL 4051844, at *1 (Cal. Ct. App. Aug. 28, 2019)
Dion Williams appeals after being convicted by a jury, asserting as the only ground of error that a portion of his sentence is improper under Penal Code section 667.5, subdivision (b). Respondent agrees, The true finding is reversed. The juvenile court is directed to dismiss the petition. We reverse and remand for resentencing. People v. Williams, No. B296796, 2020 WL 880868, at *1 (Cal. Ct. App. Feb. 24, 2020)
Defendant Michael Richard Roddy appeals from the denial of his petition for resentencing under Proposition 47, the Safe Neighborhoods and Schools Act. In 2009, Roddy pled guilty to second degree burglary after he attempted to purchase a cup of coffee at a Starbucks with counterfeit currency. In June 2015, Roddy applied to have his felony conviction designated a misdemeanor under Penal Code section 459.5 (shoplifting), which was enacted pursuant to Proposition 47.1 The trial court denied the petition on the ground that Roddy had entered the Starbucks with the intent to commit forgery, not the intent to commit larceny, as section 459.5 requires. We conclude that Roddy is entitled to relief under Proposition 47, and thus we reverse. People v. Roddy, No. B264891, 2016 WL 6301195, at *1 (Cal. Ct. App. Oct. 27, 2016)
A jury convicted defendant and appellant Jesse Alderete of possession of a controlled substance while armed, possession of a firearm by a felon, and unlawful possession of ammunition. Griego contends he received ineffective assistance of counsel and improper gang evidence was presented to the jury. He also urges us to strike an enhancement for a prior drug conviction. We agree Griego received ineffective assistance of counsel and reverse the judgment on that basis. People v. Griego, No. B283947, 2018 WL 4659620, at *1 (Cal. Ct. App. Sept. 28, 2018)
Defendant Tony Bernard Madison appeals the denial of his petition for resentencing pursuant to Proposition 47, enacted by voters in the General Election in November 2014. Respondent agrees the trial court denied the petition under the wrong provision, as do we. We reverse. People v. Madison, No. B272005, 2016 WL 6610284, at *1 (Cal. Ct. App. Nov. 9, 2016)
People v. Hunt, No. C084821, 2019 WL 1373527 (Cal. Ct. App. Mar. 27, 2019)
Toreano Josephus Browning (Browning) appeals the revocation of his probation. Browning contends that the court abused its discretion because the evidence does not establish that he violated the terms of his probation by willfully failing to complete various conditions, such as attend an anger management class and perform community service, in a timely manner. We agree with Browning. No deadlines for the relevant terms and conditions of his probation were provided by the court or Browning's probation officer. Accordingly, we reverse and remand with instructions for the court to reinstate Browning's probation and also amend the terms and conditions of that probation by adding definite and reasonable deadlines for completion of the relevant terms and conditions. People v. Browning, No. B261077, 2015 WL 7424137, at *1 (Cal. Ct. App. Nov. 23, 2015)
We reverse the failure to appear conviction. People v. Carter, No. C083541, 2018 WL 3639894, at *1 (Cal. Ct. App. Aug. 1, 2018)
We reverse the failure to appear conviction. People v. Carter, No. C083541, 2018 WL 3639894, at *1 (Cal. Ct. App. Aug. 1, 2018)
Toreano Josephus Browning (Browning) appeals the revocation of his probation. Browning contends that the court abused its discretion because the evidence does not establish that he violated the terms of his probation by willfully failing to complete various conditions, such as attend an anger management class and perform community service, in a timely manner. We agree with Browning. No deadlines for the relevant terms and conditions of his probation were provided by the court or Browning's probation officer. Accordingly, we reverse and remand with instructions for the court to reinstate Browning's probation and also amend the terms and conditions of that probation by adding definite and reasonable deadlines for completion of the relevant terms and conditions. People v. Browning, No. B261077, 2015 WL 7424137, at *1 (Cal. Ct. App. Nov. 23, 2015)
People v. Hunt, No. C084821, 2019 WL 1373527 (Cal. Ct. App. Mar. 27, 2019)
Defendant Tony Bernard Madison appeals the denial of his petition for resentencing pursuant to Proposition 47, enacted by voters in the General Election in November 2014. Respondent agrees the trial court denied the petition under the wrong provision, as do we. We reverse. People v. Madison, No. B272005, 2016 WL 6610284, at *1 (Cal. Ct. App. Nov. 9, 2016)
A jury convicted defendant and appellant Jesse Alderete of possession of a controlled substance while armed, possession of a firearm by a felon, and unlawful possession of ammunition. Griego contends he received ineffective assistance of counsel and improper gang evidence was presented to the jury. He also urges us to strike an enhancement for a prior drug conviction. We agree Griego received ineffective assistance of counsel and reverse the judgment on that basis. People v. Griego, No. B283947, 2018 WL 4659620, at *1 (Cal. Ct. App. Sept. 28, 2018)
Defendant Michael Richard Roddy appeals from the denial of his petition for resentencing under Proposition 47, the Safe Neighborhoods and Schools Act. In 2009, Roddy pled guilty to second degree burglary after he attempted to purchase a cup of coffee at a Starbucks with counterfeit currency. In June 2015, Roddy applied to have his felony conviction designated a misdemeanor under Penal Code section 459.5 (shoplifting), which was enacted pursuant to Proposition 47.1 The trial court denied the petition on the ground that Roddy had entered the Starbucks with the intent to commit forgery, not the intent to commit larceny, as section 459.5 requires. We conclude that Roddy is entitled to relief under Proposition 47, and thus we reverse. People v. Roddy, No. B264891, 2016 WL 6301195, at *1 (Cal. Ct. App. Oct. 27, 2016)
Dion Williams appeals after being convicted by a jury, asserting as the only ground of error that a portion of his sentence is improper under Penal Code section 667.5, subdivision (b). Respondent agrees, The true finding is reversed. The juvenile court is directed to dismiss the petition. We reverse and remand for resentencing. People v. Williams, No. B296796, 2020 WL 880868, at *1 (Cal. Ct. App. Feb. 24, 2020)
Appellants Tony Smith and Kevin Black were convicted of second degree murder based in large part on video surveillance footage. After the verdict, counsel for all parties discovered the jury had viewed evidence never admitted at trial. Accordingly, we reverse the judgment. People v. Smith, No. B286716, 2019 WL 4051844, at *1 (Cal. Ct. App. Aug. 28, 2019)
Defendant was convicted, in the United States District Court for the Southern District of California, Roger T. Benitez, J., of importing cocaine and methamphetamine. Defendant appealed. Holdings: The Court of Appeals held that: 1. threshold findings were not made for admission, as nonhearsay adopted admission, of a statement that the defendant's daughter made during recorded jail call, and 2. the error was not harmless. Reversed and remanded. 659 Fed.Appx. 417, United States v. Nevarez, 659 F. App'x 417 (9th Cir. 2016)
Jamaal Gaither appeals from the superior court's order denying his petition under Penal Code section 1170.951 to vacate his 2001 conviction for the second degree murder of Africa Sweeney. Gaither contends the trial court used the wrong standard at the hearing in denying his petition based on its conclusion that substantial evidence supported a finding Gaither could be convicted under current law. We join other appellate courts that have held the trial court must act not as a quasi-appellate court but rather as an independent trier of fact, who determines whether the People have proved—beyond a reasonable doubt—the petitioner is guilty under a theory that remains valid after the enactment of Senate Bill No. 1437. Because the record is unclear as to whether the trial court applied a substantial evidence standard or, acting as a finder of fact, applied the beyond a reasonable doubt standard, we reverse and remand. People v. Gaither, No. B307936, 2022 WL 167511, at *1 (Cal. Ct. App. Jan. 19, 2022)
Background: After petitioner was adjudicated of violating prohibition against annoying or molesting a child and committed to Division of Juvenile Justice as a result of committing another non-sex crime, which required petitioner to register as sex offender upon his release, petitioner filed writ of mandate petition, requesting relief from mandatory sex offender registration. The Superior Court, Monterey County, Nos. M122167, J29777, Robert A. Burlison, J., denied relief. Petitioner appealed. Holding: The Court of Appeal, Premo, J., held that mandatory sex offender registration requirement violated petitioner's equal protection rights. Ruelas v. Superior Court, 182 Cal.Rptr.3d 795 (2015)
Defendant was convicted of knowingly importing cocaine. Defendant appealed. Holdings: The Court of Appeals held that: 1. statement made by defendant's wife in jail call with him was not admissible as an adoptive admission by defendant; 2. prosecutor made closing comments that were not supported by any evidence and misstated the evidence; and 3. Court of Appeals would not conduct harmless error review sua sponte. Us V. Sanchez-Soto (9th.Cir.2015) 617 Fed.Appx. 695
Defendants were convicted Superior Court, Los Angeles County, No. TA142561, Sean D. Coen, J., of first degree murder, attempted willful, deliberate, and premeditated murder, and shooting at an occupied vehicle. Defendants appealed. Holdings: The Court of Appeal, Feuer, J., held that: 1 instruction on kill zone theory for establishing specific intent to kill required for conviction for attempted murder was not warranted, and 2 trial court's error in instructing jury on kill zone theory was not harmless. Affirmed in part; reversed and remanded in part. People v. Booker, 58 Cal. App. 5th 482, 272 Cal. Rptr. 3d 421 (2020), review denied (Feb. 24, 2021)
Appellant's conviction in count 2 for violating Penal Code section 288.5 is reversed, and his sentence of 15 years to life on count 2 is stricken. People v. Diaz, No. 2D CRIM. B276800, 2018 WL 947975, at *10 (Cal. Ct. App. Feb. 20, 2018)
We reverse as to one of the attempted forcible rape convictions and remand to the trial count to determine whether to strike count 4 or count 6. In all other respects the judgment is affirmed. People v. Medina, No. B287499, 2018 WL 5004159, at *1 (Cal. Ct. App. Oct. 16, 2018)
People v. Rodriguez, No. F074741, 2018 Cal.App.Unpub. LEXIS 170 (Cal. Ct. App. Jan. 10, 2018)
Conviction for sexual penetration with a foreign object reversed. People v. Castellanos, No. B290008, 2020 WL 5105108, at *18 (Cal. Ct. App. Aug. 31, 2020), review denied (Nov. 10, 2020)
The People charged Ralph Acero with rape and forcible oral copulation of his 19–year–old stepdaughter. The first trial resulted in a hung jury. In the second trial the jury convicted Acero of both counts and the court sentenced him to 14 years in prison. A combination of evidentiary errors requires us to reverse the convictions. People v. Acero, No. B249581, 2015 WL 1942718, at *1 (Cal. Ct. App. Apr. 29, 2015)
Appellant's conviction for attempted murder is reversed and the matter is remanded to permit the People to retry the charge. In all other respects, the judgment of conviction is affirmed. People v. Jordan, No. B295816, 2022 WL 794887, at *20 (Cal. Ct. App. Mar. 16, 2022), as modified on denial of reh'g (Apr. 6, 2022), review denied (June 15, 2022)
“I had the pleasure of meeting William Daley of Innocence legal Team after a family member was convicted of Rape. We needed someone with experience in appeals. It's been a long ride but Mr Daley did this and i the end he was able to get a rape conviction REVERSED. Not sure how my family can show William Daley or The Innocence Legal Team how glad we were to meet them in our desperate time of need. When we came upon a problem that involved one of our family members in a case of He Said / She Said we did not know what to do or who to turn to. Not ever having to deal with this kind of matter we knew time was of the essence. I put in 3 call to different law firms most of them let you hear only what would make you happy and that did dot comfort me. One firm stood out and this was the Innocence Legal Team . William Daley and his co worker helped me understand what was happening and what was to come good and bad, he explained to me that this was gonna be a bumpy ride . He gave me a time frame and pretty much went by the timeline except for when courts need more time . We were on schedule every step of the way. This helped my family member in trouble feel a lot better knowing someone like William and his team were on his side. when given quote for his services that is what i paid at the end (no hidden{newline} fees at the end) they were even kind enough to help me with payment so that I could be able to help out my family member. He promised to keep me informed of what was going on and this he did. I or my family never had to chase him for answers. I would recommend William Daley and The Innocence Legal Team I would not hesitate to recommend him to anyone. ”
“I have known Mr. Daley for over two decades. I was in need of an exceptional attorney to assist me in my growing law offices. He was very forthright and advised me that he had a disciplinary action against him. I took my time in reviewing all of the underlying documents of the disciplinary action before I decided whether or not to hire him. First, there was no malpractice on the part of Mr. Daley. His reputation is sterling on his legal abilities. Secondly, the cause of his problem was intermingled with his former employer's business model. The employer was an out of state attorney that was not licensed in the state of California but ran a national legal organization or referral business. The issue was whether the out of state lawyer had been aided in "practicing law without a license". Mr. Daley had been referred an appeals case from this out of state attorney. When the client did not pay, Mr. Daley was instructed to not begin the work. The giving of this instruction to Mr. Daley to not commence the work was held to be practicing of law in the State of California. In another incident the employer took a client's money and when the client left, the employer did not return the money. None of the money was ever received by Mr. Daley. Mr. Daley was a reputable attorney with no legal malpractice incidents. He had the misfortune to work for a "law firm" whose business model was the source of the problems. The firm he now works for is the "Innocence Legal Team". It is not a national firm and does not work on a referral model. It is sad to see such a good lawyer soiled by the conduct of the former employer. He has a lot to give, is a highly qualified attorney, and I find his personal conduct is above reproach. I hired Mr. Daley and have not been disappointed! I hired Mr. Daley based on the quality of his work and his personal integrity. He has worked for me since 2009 and I am proud of the work he has done. ”
“Mr Daley represented me in a California 290 sex offender registration problem. I was cited for not properly registering. Mr. Daley was able to present enough information and evidence to the judge in pre-trial that the DA dismissed the case. It was clear Mr. Daley knew the law much better than the Assistant DA and the police. I am continuing to use him and his firm in future actions.”
“This is review for Mr. Daley my attorney of almost 3 years who helped me deal with a very serious false accusation that had me potentially losing my Medical License and facing jail/fines and my whole life. From the moment I hired Mr. Daley he worked tirelessly for my defense, winning at every hurdle in this ugly battle. He got a felony reduced to a misdemeanor and then won a two-week trial by jury for a final verdict of NOT GUILTY! His knowledge of the law and support that he receives from the Innocence Law Firm enabled him to win this case based on facts/law and dispel the false accusations thrown at me. I highly recommend hiring Mr. Daley if you are ever put in a situation like I was, he saved my life, and allowed me to continue my career and take care of wife and kids. ”
“My case was quite unique as there was virtually no case law relating to my situation. Mr. Daley was in constant communication with me in regards to the approach we had to take in order to resolve my issue. He explained to me in detail every aspect of what had to be done, how it would be done and other avenues we may have had to take if our initial case argument wasn't given merit through the case law available at the time. Mr. Daley did an outstanding job of finding pertinent case law that pertained to my situation and was proficient in representing me in court. The outcome was favorable for us and I can not thank him enough for his hard work. I found Mr. Daley to be honest, communicative and extremely capable in his profession. I have dealt with several other attorneys who were unwilling or unable to provide the same high level standard I expect and received from Mr. Daley. His integrity is beyond reproach based on my experience with him. Mr. Daley has a genuine desire to help and defend people with his legal expertise. When things got stressful, confusing or didn't go as planned (rescheduled court dates, etc....) he took the time to sit down in person or over the phone with me and my family and calm us all down. ”
“Thank you very much for providing this office with the relevant code sections and case law to support the information we requested. The information you provided was directly on point and very helpful to support our position in the Motion we intend to file on behalf of our client. [par.] Should this office come across any clients in the need of the services of an appellate attorney, we will refer them to you. Again, thank you for your time and help.”
“The committee would like to commend you on your exemplary work in this case. The petition for a writ of habeas corpus in which you interviewed expert witnesses and prepared and submitted declarations supporting an argument that your client received ineffective assistance from his trial counsel was excellent.”
“Your treatment of the subjective/objective distinction is a superior piece of legal argument and indeed quite a scholarly accomplishment as well, It’s as good as anything I’ve seen on this subject. I could steal it for my casebook.”
“David Carico has been my research attorney since September 1983. I have come to know him very well, professionally and personally, and give him my highest recommendation. [par.] Mr. Carico is an excellently qualified attorney. He analyzes exceedingly complex legal issues, structures his thoughts in an orderly fashion, and effectively communicates his ideas. His written and oral presentations are superior. ”
Not Guilty Verdict on all 16 counts of Child Molest Charges, each carries a sentence of 15 or 25 years to Life
In 2013, I was falsely accused of child molest and the overly zealous DA office filed 16 charges on me. Each carried a 15 or 25 years to life sentence. At first I was in denial and thought since I did not do anything wrong, these charges would just go away. Wow, was I wrong! The DA did not do any real investigation and focused their efforts in working with the accusers to convict me. Due to the social stigma regarding these allegations, the rule “Innocent until proven guilty” goes out the window. I realized I was in deep trouble and needed a real expert on this type of allegations to win back my freedom.
Through extensive researches and books, I found Mr. Clancy whose firm is the only one that specializes in Sex Crime Allegation Defense and has been doing nothing else but that for almost 40 years. He and his team listened to me carefully to understand my case and took necessary immediate actions to avoid further damage. He then expertly developed a strategy on how to win my case and diligently carried it out with his team step by step.
His confident demeanor and special talent in connecting and building rapport with the Judge and Jurors in the court room ultimately resulted in my Not Guilty verdict on all 16 charges. Thank you, Mr. Clancy, for fighting hard for my freedom and dignity.
Patrick Clancy saved my life and my career. I am a teacher and Patrick Clancy successfully defended me against allegations by eight of my elementary school pupils…First, I hired the best local criminal law attorney in Stockton, California [who] put me under extreme pressure to take a deal…Before I was sentenced I went to see Patrick Clancy, an expert in child molestation allegation defenses. In fifteen minutes he laid out the strategy to win the case. He called what had happened to me “group hysteria”. My case had the same issues as the famous “McMartin” case…Patrick Clancy saved my life and my career. He is truly the best.
Youth Soccer Coach Found Not Guilty of Child Molestation. At 26 years old I had been a youth soccer coach for over 8 years and had trained over 2000 soccer players without a single complaint. Out of nowhere I was accused of molestation by a 10 year old soccer player I had taught for only two days…Mr. Clancy’s team carefully investigated my case and found that the student who accused me quit a soccer team the prior [and was] picked last each day for the scrimmages. The younger children did not even sit with her during breaks. Mr. Clancy explained to the jury that this child wanted out of doing the soccer camp because she was humiliated by being rejected and felt inferior. For the first time I understood what motivated this student to do what she did. The jury returned a verdict in 1 ½ hours. I now understand the importance of a strategy and proper investigation. Everyone else had missed it.
I don't think another attorney would have been able to expose the truth like Mr. Clancy did. I was a 20 year well respected police officer…ex-wife, who wanted to return to live in her native Brazil with our children. The false allegations involved my own preciouschildren..Mr. Clancy is…a specialist/expert in defending people accused of sex crimes, especially child sexual molestation. He has an enormous amount of trial experience and truly knows that many people are falsely accused. He has dedicated his life to help people accused of such horrific allegations. Mr. Clancy only retains the most renowned experts in child psychiatry and in the medical field to fight for your defense. Even if you truly are an innocent person, there is still a high probability you can be wrongly convicted. You will be in for the fight of your life. Mr. Clancy saved my life, and I'm forever grateful. I don't think another attorney would have been able to expose the truth like Mr. Clancy did in my case.
He Never gave up and gave us Hope. I was charged with two felonies counts Federal Court based upon this one photograph…I [had] installed spyware on [my daughter’s] smartphone [which] sent…reports to my smartphone. I found out she was pretending to be an 18-year-old…sending inappropriate photos of herself to adult males…I destroyed her smartphone in front of her eyes. She was totally mad. My Smartphone was in the custody of California Law Enforcement. I…was about to go to trial without my corroborating evidence (the spyware email reports)…I was offered credit for time served…I was released from Federal Prison and was immediately transported to the California…to stand trial for child molestation carrying a potential life sentence…My wife found Patrick Clancy who…immediately got my cell phone and had it analyzed. He was the first in eight attorneys that did his job. Mr. Clancy attacked the plea bargain [and] showed the spyware to the jury…Without the evidence that the judge had sanitized out we were only able to hang the jury…On the day of the start of the second trial the case was dismissed…[Patrick Clancy] never gave up and that gave us hope. We highly recommend him.
I am a Medical Doctor. Patrick Clancy successfully defended me against an allegation of sexual battery by a patient. I knew I needed an attorney that was an expert in the defense of sexual allegations. If I lost, I would lose my medical license and my career would be ruined. Mr. Clancy’s office was two and half hours away. He was not a local attorney. There were a lot of political issues with the Sheriff’s department at that time that were mixed up in my case. He handled the local political issues with finesse. His defense won not only the case but also the hearts of the jurors. After the trial the women members of the jury became my new patients. I owe him my life and my career. He is a true expert that will fight with all of his heart.”
A Lawyer who will Fight. My child's chronic illness and consequent missed school dates led to a declaration of truancy, and my arrest for "Contributing to the Delinquency of a Minor." As another reviewer has pointed out, presumption of innocence goes out the window in these situations, and there is no limit to the amount of confirmation bias that zealous 'protectors of children' are willing to pile on. Fortunately, our child's endocrinologist stood firm in his diagnosis, and his explanation of the disabilities that followed from it. Unfortunately, the interviewing police officer did not like the doctor's testimony, and filed a report with fabricated testimony that was damning in its claims. Unlike many lawyers, who look for reasons to avoid a trial, Mr. Clancy was willing to fight. One of his team interviewed the endocrinologist to document the officer's fabrication. Mr. Clancy then created a trial brief that demolished the evidence against us, and persuaded the DA to drop the charges. Mr. Clancy never wavered in his commitment. He fought, and he won. The stress from false accusations of child abuse is unbelievable. My family is grateful to Mr. Clancy for ending that stress.
His Focus meant my freedom. When my teenage daughters wanted boyfriends more than a Dad, and my ex-wife wanted custody at any cost, the false accusations flew wild. From multiple felony counts and the possibility for 100's of years in prison, to the truth and my freedom. What a ride through hell. Thank God Mr. Clancy and his team found the truth and brought it out in force. 12-1/2 inches of discover that the police failed to find, let alone follow up with, a secret IPad from my daughters and an over zealous DA all meant my life went from typical suburbia to a living hell. When the D.A. reviewed the package from Mr. Clancy and his team, the settlement offers flooded in. If you find yourself charged with anything even close to this, it is time to make the call, your life might be at stake. This man is THE most focused attorney I have ever worked with, bar none. Thank you Mr. Clancy for being there and wading into hell beside me
I Was scared and worried for my life, until the day I Met Patrick Clancy. I was accused of a lewd and lascivious act on a minor. The thought alone was heartbreaking mixed with terror and fright. After doing research online, i then knew i was facing Prison and Sex Registration. Thanks to Patrick Clancy, I never went to prison or had to register for sex Offender. He is a master at his craft and when i say master at his craft. Sex Crimes are his primary cases and it shows. Patrick Clancy was not the First defense attorneys i had called. I was calling local criminal defense attorneys and after doing research about their firms I realized sex crimes were mixed in with a plethora of other types of cases they handled. I thought of the expression jack of all trades master of none. My very life was at stake, so i did further research and that's when I found Patrick Clancy, that's all he worked on was sex crimes. Remember when I said master at his craft. So i called him at night and he answered.I gave him a brief description about my charge and we set up an appointment the next evening. Patrick Clancy was about an hour away and when your facing prison, i would have driven ten, you don't always been a local attorney. If you do so happen to live in Walnut Creek then Patrick Clancy Should be your attorney. Thank you Patrick, i will never forget you, thank you so much. If i could give you more than 5 stars i would.
My case was as highly prejudice as you can get. My family are practicing naturist (nudist). I moved from California to Texas. I was then arrested, and all of my electronics were search. Naturist family photos were found on my iPad. However, one disgusting lewd photograph of my 12 year old daughter was also found on my iPad. I had never seen it before. I was charged with two felonies counts Federal Court based upon this one photograph. In Texas I went through three attorneys that I do not feel represented me adequately. While in California I had lost trust in what my daughter was doing on the internet. I installed spyware on the smartphone. The spyware sent email reports to my smartphone. I found out she was pretending to be an 18 year old student from Stanford and trying to set up “hook ups” with adult males. She was sending inappropriate photos of herself to adult males via “Tender’. I destroyed her smartphone in front of her eyes. She was totally mad. My Smartphone was in the custody of California Law Enforcement. After multiple requests none of my attorneys worked to get control of my smartphone that was back in California. I was in custody for 14 month and was about to go to trial without my corroborating evidence (the spyware email reports) I then made the biggest mistake of my life. I was offered credit for time served and release; or I had to go to trial without my best evidence and I face 30 years in prison. I took the deal expecting to be immediately released. That was false. I was released from Federal Prison and was immediately transported to the California jail to stand trial for child molestation carrying a potential life sentence in a California Prison. In California I went through five attorneys and I did not feel they could handle the case. I was a nudist that had plead to taking a pornographic picture of my daughter. It took two and a half years with no progress. My wife found Patrick Clancy who specialized in these cases for four decades. Mr. Clancy immediately got my cell phone and had it analyzed. He was the first in eight attorneys that did his job. Mr. Clancy attacked the plea bargain to the California Jury as coerced. We had another hurdle put in our way. The Judge would not let in the motivation of why my daughter was furious with me. The Judge sanitized the evidence under the Rape Shield Laws. We were only allowed to state that I had found that she and done something on the internet that was “inappropriate”. However, Mr. Clancy did not give up. He showed the spyware to the jury. He called a lot of my naturist friends that also had children so that the jury could see that naturism was not sexual. He called people that knew my daughter had problems with the truth. He also introduced that I had found evidence using Spyware that my daughter had done “inappropriate conduct” that lead to her smartphone being destroyed with an ax. He introduced prior inconsistent statements from my daughter about who took the lewd photography and showed how it was physically possible that it was a selfie for her friends. Without the evidence that the judge had sanitized out we were only able to hang the jury. Mr. Clancy immediately started to prepare for a second trial. We were hoping to get a different judge and a different ruling on the admissibility of what I had discovered on my daughter’s smartphone. On the day of the start of the second trial the case was dismissed. I need to tell you about the personal side of “Patrick”. He took the time to keep my wife and I both informed on the progress of the case. We always felt we were part of the case and he listened to our ideas. He was very patient in explaining what was happening and why. He sacrificed many Sundays and nights to help us. He never gave up and that gave us hope. We highly recommend him.
When my teenage daughters wanted boyfriends more than a Dad, and my ex-wife wanted custody at any cost, the false accusations flew wild. From multiple felony counts and the possibility for 100's of years in prison, to the truth and my freedom. What a ride through hell. Thank God Mr. Clancy and his team found the truth and brought it out in force. 12-1/2 inches of discover that the police failed to find, let alone follow up with, a secret IPad from my daughters and an over zealous DA all meant my life went from typical suburbia to a living hell. When the D.A. reviewed the package from Mr. Clancy and his team, the settlement offers flooded in. If you find yourself charged with anything even close to this, it is time to make the call, your life might be at stake. This man is THE most focused attorney I have ever worked with, bar none. Thank you Mr. Clancy for being there and wading into hell beside me.
Un mexicano indocumentado con una condena previa por abuso de menores. ¡Mi vida había terminado! Recientemente, una sobrina joven me acusó falsamente de haberla molestado. Me mantuvieron en la cárcel sin fianza. El Sr. Clancy trajo intérpretes con él cuando me visitó en la cárcel. Mi familia extendida recaudó los fondos para contratar al Equipo Legal de Inocencia porque querían que yo tuviera lo mejor. Anteriormente, como joven me acusaron de tocar a mi hermana, pero no lo hice y no entendí lo que sucedió en el tribunal de menores. Ahora, me enfrentaba a una vida en prisión y, si alguna vez salía, me enfrentaba una deportación dejando a mí familia en los Estados Unidos. Patrick Clancy fue el "Jefe Estratega" en mi caso. Él me creyó cuando le dije que yo era inocente. Mi esposa tenía una pista de lo que podría haber sido la causa de la falsa acusación y, como jefe estratega, el Sr. Clancy desarrolló esta lista en el caso. El plan del caso era que un amigo de mi sobrina estaba en un hogar de acogida. Esta amiga quería que mi sobrina se uniera a ella en el hogar de acogida. Ellas planificaron una acusación formal de abuso sexual en mi contra para que ellas pudieran vivir juntas en el hogar de acogida. Descubrí que había aceptado un acuerdo por abusar sexualmente de mi hermana cuando era menor de edad. No entendía lo que estaba sucediendo en el tribunal de menores. Ahora, mi hermana dio una declaración por escrito en el caso actual apoyándome e indicando que nunca la molesté y que ella confiaba totalmente en mí con respecto a los niños. La estrategia fue desarrollada por el Sr. Clancy y reunió toda la evidencia necesaria. La acusadora admitió que ella había inventado la historia como parte de un plan para vivir con su amiga. La evidencia que el Sr. Clancy había reunido fue entregada al Fiscal del Distrito antes de la audiencia preliminar. Después de la audiencia preliminar, la fiscalía quedó satisfecha y desestimó todos los cargos. La estrategia del caso del Sr. Clancy condujo a un despido de del caso. Mi vida fue salvada.
I was arrested and had a bail of $1,850,000. My girlfriend found, hired, and paid Patrick Clancy a $25,000 retainer to represent me because her research said he was the best. He came to the jail and met with me three times. He worked with my friends on the outside. I was arrested Friday night. I was release without aany charges being filed on Wednesday. I overheard the police talking at the jail. They said the District Attorney was not going to file the case because the attorney, I hired, Patrick Clancy, was no one to mess with. I give credit to Mr. Clancy's reputation leading to no charges filed. Without being asked, Mr. Clancy refunded 90% of the retainer and kept a small amount to cover the time he had put into the case. Not only was he the best, he was so fair when he refunded most of the money without even being asked.
“I Was scared and worried for my life, until the day I Met Patrick Clancy. I was accused of a lewd and lascivious act on a minor…Thanks to Patrick Clancy, I never went to prison or had to register for sex Offender. He is a master at his craft. Thank you, Patrick, I will never forget you… I had multiple allegations of molestation dismissed against me without trial…during the preliminary hearing he was able to disprove the major count against me which carried life in prison [and] got my bail reduce...It was the last day I spent in custody on my case…before the case went to trial the accusers refused to proceed and all of the sex allegations were dismissed. Mr. Clancy really showed that he cared. Mr. Clancy was a life saver.”
“Case dismissed without trial. Mr. Clancy…studied my case which was voluminous…He then carefully selected items to show to the DA …to educate the DA…He was successful in getting the charges dismissed before the preliminary hearing…During the time I was in jail, he showed me and my wife great kindness, comfort, and support. We were very lucky to have found him. ”
“Patrick Clancy saved my life. Two girls falsely accused me of inappropriately touching them while I put them to bed when they were little…but I was innocent…Clancy hired a great investigator…a respected child psychologist and a specialist appellate lawyer and… figured out why the…falsely accused me. When the DA saw it all, the case was dismissed…Thank you, Mr. Clancy. Your expertise and strategy saved me from a potential 25 years to life and gave me my life back.”
For the first two decades of my career, I defined winning by getting a dismissal or a not guilty verdict for my clients.
I then represented a stockbroker in Sanoma County. The same county where Richard Allen Davis molested and murdered Polly Klass. This led to national media coverage and the enactment of the first three strikes law.
After that, no Sanoma County defendant accused of child molestation prevailed for more than three years.
I was the first attorney to win a Sonoma County child molestation case after the Richard Allen Davis case. That night my client, a few close friends, and I celebrated the not guilty verdict with champagne.
Two months later I got a call that my client had committed suicide. It hit me hard because we had become close spending so much time together.
I talked to his family members to try to understand.
I learned that his reputation had been destroyed. His former clients had turned their back on him. He had also lost his career and his reputation. People treated him as though he had been found guilty even though he had been acquitted.
That day I realized there is more to winning than a not guilty verdict.
I realized that it’s also necessary to protect a person’s career and reputation. That is why I created the Innocence Legal Team. Our mission is to Defend your liberty, your career, and your reputation. Because, if charged with a felony, you have so much more at stake than just your freedom.
If you are a founder, entrepreneur, executive, business owner, doctor, high tech personnel, Teacher or other academic, military personnel, or professional, you have so much more at stake. You can lose your professional license, your business, your investors and even opportunities such as for an IPO.
The Innocence Legal Team understands this. We have decades of experience not just defending your freedom, but also your livelihood, your reputation…your innocence.
If you’re a successful person facing a felony charge, you need more than just a lawyer. You need a team. The Innocence Legal Team.
You have been caught up in the “Child Protection System.”
This system is built to get convictions. It is part of the criminal justice system. However, there is very little justice in it. The Child Protection System is only concerned with getting convictions. In fact, obsessively so. Why?
Understanding this system is the key to your survival, as it can, and will, otherwise destroy your life.
If you are watching this video, it is likely that your feeling attacked from all directions: Police, the district attorney, so called experts, investigators and even the general public have already concluded you’re guilty.
I have been involved in this area of law since 1975, but the story began in the 1960s. In the 60’s there was a huge social upheaval with the Civil Rights Movement and the Woman’s Movement.
Out of the woman’s movement was born the Child Protection Movement which was created with “the Best of Intentions.” Afterall, who wouldn’t want to protect children?
Senator Walter Mondale, later Vice President Mondale, wrote and won passage of the Child Abuse Prevention and Treatment Act of 1974, also known as, the Mondale Act.
The legislation had bi-partisan support as there was a broad perception that children were not being adequately protected by the authorities. No one imaged the adverse effect this legislation would have on our society.
The Act provided hundreds of millions of dollars for the prosecution of child abuse and especially child sexual abuse.
To obtain these funds, States must comply with Federal regulations on how to accomplish this ambitious task.
This explains why you are being prosecuted by a special team of prosecutors in the District Attorney’s Office, funded by the Mondale Act.
These prosecutors have the upper hand because they have practically unlimited funds to use against you. On the other hand, the Mondale Act did not provide one penny for the defense of those falsely accused of child molestation. Indeed, false allegations were not considered or even mentioned.
The problem’s I am going to discuss here are the same across the country because all States and counties must follow the same laws and regulations to obtain that Federal Funding.
After the passage of the Mondale Act, there was a flurry of activity across many sectors of our society.
In the field of mental health, Dr. David Corwin, a psychiatrist, came up with the “Child Sexual Abuse Syndrome.”
Dr. Corwin claimed that a child could be diagnosed as having been sexually molested by observing a syndrome of behaviors.
The problem was that the syndrome fit every child in the world whether they had been molested or not.
It was rejected by the scientific community and ruled inadmissible by the courts. It soon disappeared into the trash bin of junk science.
In 1983 Dr. Roland Summit wrote the Child Sexual Abuse Accommodation Syndrome, also known as CSAAS. It has never been recognized by the American Psychological Association nor the American Psychiatric Association.
Even Dr. Summit wrote a follow up article admitting that the syndrome was not a true “syndrome” but, rather, was created to “dispel myths” about how children, who had been molested, behaved differently than people might suppose.
Notwithstanding the recognition that this syndrome did not pass scientific standards, the California Supreme Court allowed it to be admitted into evidence in the landmark 1984 case of People v. Bledsoe.
The admission of the Child Sexual Abuse Accommodation Syndrome made obtaining convictions much easier for the prosecution because, every piece of evidence a defendant could use in his or her favor, could be rebutted by the syndrome as a myth.
Indeed, a careful study of the syndrome reveals that it has a “myth” to explain how every child behavior is consistent with the child having been molested. No matter what the defense presents, the syndrome always explains that the evidence is somehow consistent with having been molested.
Indeed, the Child Sexual Abuse Accommodation Syndrome starts with the assumption that all the children that they were studying were, in fact, molested.
If a child is consistent in telling of the story, that is consistent with having been sexually molested.
If the child changes his or her story, that too is consistent with having been molested because the trauma of abuse has made recall difficult.
If the child retracts their story and says it was a false allegation, that is consistent with having been molested, because the child sees that his or her family is being hurt.
If the child appears sexualized, that is consistent with having been molested. If the child does not appear sexualized, that also is consistent with having been molested.
If the child is in fear of and withdraws from the accused, that is consistent with being molested. If the child loves and wants to be with the accused, that is also consistent with having been molested.
If the child reports the molestation immediately, that is consistent with having been molested. If the child delays reporting, even for years, that too is consistent with having been molested.
In the decades the Child Sexual Abuse Accommodation Syndrome has been around, I know of no behavior that the syndrome finds to be inconsistent with molestation.
This junk science is used by child advocates and the DA’s that hire them to get convictions.
Dr. Roland Summit never addressed the issue of false allegations. In fact, all of these behaviors are also consistent with a false allegation.
It is important to note, the last paragraph Summit’s paper, The Child Abuse Accommodation Syndrome, states:
“It has become a maxim among child sexual abuse intervention counselors and investigators that children never fabricate the kinds of explicit sexual manipulations they divulge in complaints or interrogations.”
This quote spread like wildfire and became known as “Believe the Child.”
Of course, Mondale money is used to pay for Child Sexual Abuse Accommodation Syndrome testimony.
The psychologist, psychiatrist, nurses, and police that have testified about this junk science have never been held accountable. As a witness cannot be sued by a criminal defendant for offering “opinions.”
The next sector of our society to side with the Child Protection Movement were medical doctors.
Dr. Bruce Woodling was asked by the Ventura County District Attorney to examine a number of girls that were suspected of having been sexually abused.
He used a colposcope, a medical magnifying device which had never before been used to detect sexual abuse.
Dr. Bruce Woodling wrote his findings in a 1981 article entitled, Sexual Misuse: Rape, Molestation and Incest, Pediatric Clinics of North America. His observations included erythema (redness), bands around the urethra, an irregular edge to the hymen, thickening of the hymen, and many other very small anomalies. He claimed these anomalies were proof of sexual penetration.
These supposed “findings” spread across the country and enabled doctors to claim finding evidence of sexual molestation even if it had occurred many years before.
In 1990, Dr. John McCann, a child advocate from Fresno, published in the journal Pediatrics, the first major study on normal vaginas of non-abused children under magnification with the colposcope entitled Genital Findings in Prepubertal Girls Selected for Non-abuse: A Descriptive Study.
And — Surprise !! — He found that all hymens have irregularities edges and variations in thickness.
Like snowflakes, no two are alike. Thus, the idea of a perfectly smooth symmetrical hymen was an old wives tale centered around moral issues of virginity.
Dr. McCann’s study demonstrated that normal non abused children had erythema (redness), bands around the urethra, an irregular edge to the hymen, thickening of the hymen, and many other very small anomalies.
How many men have been sent to prison based on this false testimony is not known. And, as I noted earlier, the doctors and nurses testifying to this misinformation cannot be sued for their opinions. Thus, they too were never held accountable.
I had a case where Dr. McCann was the prosecution’s expert in Mariposa County.
I destroyed his opinion about a white line between the back of the vagina to the anus was proof positive of molestation caused by a healed tear from insertion of a penis.
I impeached Dr. McCaan with his own published research, that a “blanched line” aka a white line extending from the vagina to the anus existed in 25% of female children. This was said to be caused by how the two halves of an embryo grow together in forming a child.
During cross examination in front of the jury, Dr. McCann spontaneously commented that I must have read his research more recently than he had.
In my entire career, neither prosecutors, nor their so-called experts, have ever conceded that any medical examination is inconsistent with a child having been molested.
Of course, Mondale money is used to pay for this misleading medical testimony too.
The next sector of society to join the Child Protection Movement was law enforcement. Police train for years on how to perform investigations that protect the innocent and falsely accused. They are trained to look at evidence of guilt as well as innocence. They are trained to look at all evidence “critically.”
What evidence is reliable? Who has a motive to lie?
With the advent of the child protection movement, child advocate mental health professionals claimed that police did not know how to talk to children, but they did. Check most any current police training manual.
You’ll find that the authors and contributors include child advocate mental health professionals quoting the Child Sexual Abuse Accommodation Syndrome.
In short, the very people that want you to uncritically “believe the child” are now in control of how investigations are conducted. The idea of a critical examination a child’s statement is gone.
Instead, investigators are trained on how to be gentle and supportive of the accuser to better enable “disclosures.” Remember: “It has become a maxim among child sexual abuse intervention counselors and investigators that children never fabricate the kinds of explicit sexual manipulations they divulge in complaints or interrogations.”
I gave a speech to the Nebraska Defense Bar about my observations. When I was done, a woman walked up to me and told me she was with Nebraska Law Enforcement. I prepared to be verbally attacked. Instead, she shook my hand and thanked me.
She had been assigned to investigate a rape case. She looked at all of the witnesses critically, even the accuser.
She uncovered evidence of the motive to falsely accuse, and the case was dropped.
How was she rewarded? She got a letter of reprimand in her personal file stating she was “insensitive to woman’s issues” and was thereafter removed from sex cases.
A Contra Costa Sheriff’s deputy, Clay West, had been in a trial against me.
Rather than reject what my expert said, he learned and incorporated it into his investigations.
Later, Deputy West found that a mother’s child molestation allegation against her ex-husband, made during a nasty divorce, was false.
The Child Protection worker wrote in her report that the Deputy should never be allowed to investigate another child molestation case because he was “insensitive to children’s issues.”
There are many other examples, but, they all have in common that investigators who critically evaluated the statements of the accuser were attacked, ostracized and silenced.
Or, in today’s parlance, their careers and social lives were “canceled.”
The next sector of society to join the Child Protection Movement were District Attorneys. For years District Attorneys did not get involved in advocacy groups because of the duty to remain neutral.
However, the District Attorney of Kern County got elected by joining with child advocacy groups. This led to the Bakersfield Sex Ring cases in which sixty children claimed to be victims of “satanic ritual abuse.” Thirty-six people were convicted. Thirty-four of the convictions were overturned on appeal. The other two individuals died in prison before their cases could be heard.
The Court of Appeal squarely blamed the Kern County District Attorney’s office for the misconduct which led to the reversals.
District Attorneys have immunity from civil lawsuits. Thus, like the false “experts” mentioned earlier, they have never been held accountable.
In Riverside, California, I had a case with a perfect defense. The Judge that heard the case told the Deputy District Attorney to dismiss the case.
He said he was unable to dismiss because his boss, the elected District Attorney, would not let him.
We went to trial and I won easily. The client was a poor Mexican American. I was hired by his three daughters. They were wonderful witnesses.
One was a superintendent of schools and the other two were schoolteachers.
The money they paid was wasted. That trial should never have taken place. Why did it?
The elected District Attorney of Riverside had made a campaign promise to never dismiss a child molestation case.
The elected DA of Riverside never took a critical look at the evidence.
However, he could not be held accountable because, as I have said, he has immunity from civil lawsuits. He had decided he would rather lose a case in trial. That way it would be the jury’s fault and not his.
Of course, the Riverside County District Attorney’s office sex crime unit was funded with Mondale Act money.
The next sector of society that became involved was the Media. For over four decades, the media has been promoting the “believe the child” and the “believe the woman” dogma. The Brett Kavanaugh Supreme Court confirmation hearings is a perfect example. It featured extensive fawning coverage of the accuser fueled by the “believe the woman” movement which had, by then, morphed into to “Me Too” movement.
To see the monumental hypocrisy, one need look no further than the opposite treatment Joe Biden’s accusers received from the media.
The “Me Too” movement wants you to uncritically believe all allegations made by all women. If you don’t, you will be “silenced” and “canceled.”
Jurors have been profoundly affected by the one-sided coverage engendered by the child protection movement.
In our trials, we use a jury questionnaire to assess juror prejudice. You would be horrified to read them. Among common responses: “Cut his ball off.” “Hang him.” “Send him to prison to be raped. He deserves it.”
This is all before they have heard one shred of evidence. This is uncritical acceptance of the allegations against the accused.
The most damaging sector of society to join the ranks of the Child Protection Movement is politicians.
They deeply fear losing the next election if they are seen as “soft on child molesters.” They are afraid they may be the next one “Cancelled” if they dare to stand up for what is right. Toe the party line or be destroyed. Because of this, most proposed legislation on the issue of child molestation overwhelming passes.
All of the new legislation and propositions are designed to get convictions. The two organizations that draft most of the legislation and propositions are District Attorney Associations and advocate organizations such as San Francisco Woman against Rape.
There was a bill proposing to make it illegal to spank your child. Five of us went to Sacramento to lobby against it
Two of us were from a layman’s group that existed at the time called, “Victims of Child Abuse Legislation,” or VOCAL.
We were directed to the hearing room which was the size of a high school assembly hall. We found about 300 social workers who were there to lobby. The Senator who was carrying the bill for a special interest group, welcomed us and told us it was the first time he had seen someone from the other side. The bill was defeated. I am certain it was not because of the two of us from VOCAL. Rather, it was because of the other three in our party that were members of a large and influential Christian organization which controlled a substantial voting block.
Here is a summary of the legislation:
The Statute of limitations has been extended four times.
Changed from 6 years to life for most sex offenses.
Hearsay is now allowed at Preliminary Hearings. This allows an investigating officer to testify as to what a child told him about a defendant’s alleged misconduct. We thus lost our right to cross examine the accuser prior to the trial. A huge blow.
Evidence Code § 1108 allows the introduction of “propensity evidence” against the accused in sex cases. This reversed 200 years of California Court precedence. Propensity evidence is evidence that an accused previously committed a similar crime. It does not require the accused to have been found guilty or even charged with the prior offense which might even have been decades ago.
In fact, even if one was found not guilty of the prior acts, it could still be admitted into evidence.
Courts previously excluded propensity evidence precisely because of its tendency to biased juries to the point that a fair trial would become impossible.
It caused juries not look at the facts of the current case, but rather convict based on a prior allegation.
Next, the Legislature has gone overboard on punishment. An accused can get a lighter sentence for a homicide. The public does not realize how severe it is. Sentences of 100-400 years are common.
How? Each act is considered a separate offense. If a child says she was touched on every other weekend visit for two years, that would be 52 visits resulting in 52 separate counts each carrying an 8 year sentence for a total sentence of 416 years.
If she says she was touched on the breast and on the vagina each time that is 52x2x8 or 832 years.
False allegations pay in allowing one party to gain a significant advantage over the other. Lack of accountability encourages more false accusations. This is seen across society such as with political mudslinging.
Masturbation or intercourse with a child under 10 years of age carries 15 to life. Masturbation can be any rubbing over the vaginal area. 2nd degree murder carries 15 to life.
Sexual molestation of two children, PC 288(a), carries 25 to life. 1st Degree murder carries 25 to life.
Force, no matter how small, or duress, no matter how minimal, is mandatory state prison.
Registration used to be confidential. Only the police had access in order to carry out their investigations. Also, the defendant only had to register when he changed residence.
Now, registrants are on the internet and an offender must register every year on his or her birthday. One must register when leaving an area and again upon return. An offender must register their vehicles. And, if one spends weekends with a partner, it is considered a second domicile and you must register there. Failure to register is a felony.
Psychology Today defines “Groupthink” as “a phenomenon that occurs when a group of well-intentioned people makes irrational or non-optimal decisions spurred by the urge to conform or the belief that dissent is impossible.
The problematic or premature consensus that is characteristic of groupthink may be fueled by a particular agenda—or it may be due to group members valuing harmony and coherence above critical thought.”
Psychology Today also notes that “Organizations in which dissent is discouraged or openly punished are similarly likely to engage in groupthink.
Group hysteria and mass hysteria are extreme examples of groupthink.
Three of the most important elements of groupthink are:
Group think creates two groups. Those who share the group’s thinking are the “In Group.” Those that decent are ostracized as the “Out Group.” The Innocence Legal Team is the very epitome of the “Out Group.” And if you are charged or under investigation for a sex crime, so are you.
It is human nature to accept facts and evidence consistent with one’s beliefs and reject facts and evidence which is inconsistent with those beliefs. This is known as conformation bias. Conformation bias keeps the iron clad bonds of group think in place as the group rejects all contrary evidence no matter how compelling or true it is.
This has been going on practically since the dawn of time. Unfortunately, we have not learned from history.
In 1692, Bright Bishop was accused of being a witch in Salem, Massachusetts. Witches, after all, were an unquestioned threat to the settlement.
Appointed Governor William Phips, an eminent authority figure, convened an official court of Oyer (“to Hear”) and Teminer (“To decide”), or as popularly known, “the Salem Witch trials.”
With no one willing to risk standing up for them, Bright Bishop and 18 other young women were hung as a result of the Salem Witch trials.
These young women were not of Salem high society. But Lady Phips, the governor’s wife, was. When she was accused of being a witch, Governor Phips dissolved the court and created a commission to investigate what had happened.
It ended only after Governor Phips, the ultimate authority figure, put a stop to it.
It is a well-known principle of modern criminal justice that “better ten guilty men go free than one innocent man be convicted.”
The original statement however was, “It were better that Ten Suspected Witches should escape, than that one Innocent Person should be Condemned.”
This is a quote by Massachusetts minister Cotton Mather after his daughter had been accused of witchcraft. He was Salem’s religious leader.
Modern groupthink holds that “it is better that ten innocent men be convicted, than one child molester go free.”
Significantly, Mather had written two books warning about the dangers of witches before the beginning of the witch hunt in Salem.
Of course, after his daughter was accused, he denounced the witch hunt and wrote books criticizing it.
As you will soon see, writing such books is a pattern of the self-righteous hypocrites who champion these false Group Hysteria movements.
They always start by telling you to “Believe.”
Sadly, as Winston Churchill noted: “Those that fail to learn from history are doomed to repeat it.” And let’s not forget it was Winston Churchill who stood up to his predecessor, Neville Chamberlin, who had declared “peace in our time” with Nazi Germany. The genocide of six million European Jews swiftly followed in the Holocaust, history’s darkest group hysteria.
After all, Adolph Hitler was the ultimate Third Rich authority figure demanding the public “believe” that the Jews were the cause of all their woes as set forth in his infamous book “Mein Kompf.” The Nazi movement also had the telltale groupthink element of suppressing its’ decenters, but in the case of Nazis, that “suppression” often meant death.
Just like Mathers and witchcraft, publications have been key in starting and spreading false and evil mass hysteria movements throughout history.
As I mentioned earlier, the District Attorney of Kern County got elected by joining with child advocacy groups. This led to the Bakersfield Sex Ring cases in which sixty children falsely claimed to be victims of “satanic ritual abuse.”
Few dared to stand up to these false accusations because no one wanted to seen as being on the side of Satanic child molesters. However, I, as an avowed “out group” member, was an advisor to several of the families of the accused.
One of those cases was against John Stoll, a 41-year-old carpenter, received a sentence of 40 years on 17 counts of lewd and lascivious conduct. Ed Sampley, one of the accusers, told a New York Times reporter in 2004, “It never happened.” He claimed he had lied about Stoll. Stoll was in prison for 19 years before his conviction was overturned. A documentary entitled Witch Hunt, which emphasized Stoll’s case, was released in 2007.
Michelle Remembers was the pop culture book that helped spread this false groupthink belief.
It only stopped after FBI Behavioral Science Department, Special Agent Kenneth Lanning, examined over 10,000 supposed cases of Satanic Ritual Abuse and found none of them to be true.
According to the “FBI Report on Satanic Ritual Abuse” by Kenneth Lanning, which is for sale on Amazon, Satanic ritual abuse was supposed to have been a conspiracy of wealthy people worldwide.
What was actually found was that the therapists who reported these cases all went to seminars on Satanic Ritual Abuse and uncritically accepted what they had been told.
The McMartin Case
In the 1980’s in Manhattan Beach, California, near where I used to live, there was a case that got national attention. There were 7 workers at a daycare center that were charged with molesting over 200 children in what became know as the McMartin Preschool Case.
In the end, there were no guilty verdicts on any of the charges. Police uncritical accepted all accusations as true.
They utterly failed to perform even the most rudimentary critical analysis of the accusations.
Mental Health Professional Key McFarlin performed the interviews. The recordings of these interviews revealed that the children were led by McFarlin to make outrageous statements. There were caves under the day care center… They jumped from planes and were molested while parachuting down, etc.
Key McFarlin was a protégé of Dr. Roland Summit author of the Child Sexual Abuse Accommodation Syndrome who told us: “It has become a maxim among child sexual abuse intervention counselors and investigators that children never fabricate the kinds of explicit sexual manipulations they divulge in complaints or interrogations.” The DA also uncritically accepted all of the allegations filing on most every single one. Then, a newly elected DA performed a review dismissing five of the defendants.
The remaining two, Raymond Buckey and his Grandmother, Peggy, went to trial. They were found not guilty of almost all of the charges, a few were hung and those were later dismissed.
This time, group hysteria had resulted in the largest false allegation case in the United States. The DA’s, mental health experts and police were unquestioned authority figures who had uncritically accepted the false allegations. Child molesters are, of course, an unquestioned menace to society.
And, again, few if any had the courage to stand up against these false allegations.
In support of defendants, I consulted with one of the experts and met several of the accused including Ray Buckey and his sister, Peggy Ann.
People were pressured to believe. The trial took years. The preliminary hearing alone took more than a year.
In the end, the jurors had to be deprogrammed from junk science with accurate science.
This was hardly an isolated case. Others include
Recovered Memory Cases: Laura Pasley
The 1990’s saw yet another groupthink movement, “Recovered Memory.” Your therapist tells you that the cause of all of your problems is that you were molested as a child and have repressed the memory of it.
Therapy is then provided to enable you to “recover” these memories.
Like its predecessors, the recovered memory theory was uncritically accepted by many professionals and most of the public at large.
As usual, anyone who disagreed was condemned including a brave group of actual memory scientists who opposed it.
Like Mather’s books on witchcraft and Hilter’s “Mein Kompf,” this movement too had its own “Bible” which therapists blindly followed despite its’ complete lack of scientific validity.
The book, “The Courage to Heal,” was written by two women, Ellen Bass and Laura Davis, who had no mental health or memory training whatsoever.
I was in Costco and saw an entire pallet of these books which had sold millions of copies.
“The Courage to Heal” gives a list of symptoms that purport to demonstrate that a person has repressed childhood sexual abuse memories. Just like the supposed physical signs of abuse discussed earlier, the list would include every woman in the country.
There was even an accompanying “workbook” suggesting “exercises” to “recover” these supposed memories.
I unsuccessfully sued the authors, as the court found that they were protected by the 1st Amendment.
Thus, they too were not held accountable, notwithstanding the tremendous harm this trash pop psychology manifesto had done to countless families.
The State of Washington did research and found people got worse with this therapy. After that, all injury claims for this type of therapy were cut off.
Some women that had been erroneously led to believe they were suffering from repressed memories of sexual abuse, finally woke up to the fact that they had been duped by their therapist. They called themselves the “Returnees.” “Laura Pasley” was the first to sue her therapist and win a major settlement.
Other lawsuits followed. Laura Pasley, Dr. Lee Coleman, and I created a documentary film about the recovered memory movement called “Making Memories.” I am proud to say I sued and obtained good settlements for ten injured patients.
Finally, the authorities stopped believing and came out against this nonsense.
They included the American Psychological Association, the American Psychiatric Association and the California MFCC’s association.
Why? Because the practitioners were being driven into bankruptcy by lawsuits.
However, immunity prevents lawsuits against those who report child abuse to the police or CPS. Again, no accountability.
Ralph Underwager
Dr. Ralph Underwager, a prominent American minister and psychologist, did research on why more psychologists and psychiatrists did not stand up to the farce of recovered memories and false abuse allegations.
His research revealed that the mental healthcare professionals involved were afraid that they would lose referrals and the public would shame them for siding with child molesters. The fear of such ostracism, is, of course, an essential element of groupthink, group hysteria and mass hysteria.
Overwhelming Prejudice
Cotton Mather’s on Witchcraft, Hilter’s Mien Kompf, Michelle Remembers, Roland Summit’s Child Sexual Abuse Accommodation Syndrome, Ellen Bass and Laura Davis’s The Courage to Heal.
All led to, encouraged and popularized groupthink movements that ruined and even ended countless lives.
Each demanded blind belief, uncritical acceptance, and the ostracism of decenters.
“Those that fail to learn from history are doomed to repeat it.” And we have, and continue to do so, to this day.
The child protection movement with its strangling, hypocritical, holier than thou, nonscientific, groupthink mentality has coopted politicians, police and district attorneys along with medical and psychological groups.
This has now made it all but impossible to ferret out false allegations.
After a jury is selected, you have 12 people from the community that claim they are fair and unbiased.
However, the fact is, these are 12 people who have been exposed to so much propaganda that they themselves don’t even recognize how biased they are.
On Career Day in High School, I attended a presentation by an advertising executive.
He asked the class how many were influenced by advertising.
A large majority of the class insisted, “not at all,” that the ads were “boring” and “stupid,” so they ignored them. The executive challenged the students to go home and look in their refrigerators, pantries and laundry rooms.
He correctly told them that what they would find are all of the products they had seen in the ads instead of the lower priced, but just as good, generic counterparts.
Your 12 jurors have been exposed to decades of believe the child and believe the woman, and, its’ latest mutation, “Me Too.” And, if you don’t, you’re a horrible person subject to being “cancelled.”
The Jurors are, by and large, indoctrinated members of the “in group.” You, on the other hand, are a poster child for the “out group.”
What is the solution? I do not have the answer to that question. The movement is funded with hundreds of millions of dollars from the Mondale Act.
The California Legislature made it a law that you cannot sue someone for reporting a child molestation case to the police or CPS. Therefore, there is no way to hold them accountable.
What’s left, suing a child for their lunch money? The legislature declared that it was better to allow false allegations then lawsuits to stop them.
They rationalize that the public is better served by encouraging the reporting of child abuse without fear of lawsuits.
While it is a misdemeanor to make a false allegations, in my over four decades in this field, I have never seen or heard of anyone being charged under this statute, or any other, for making false allegation even when patently willful.
We recognize that those charged with child sexual abuse must face, not one, but two trials.
The first trial is a trial about the facts of the case.
The second trial is a trial to re-educate and deprogram the jurors who may not even be aware of the degree of the prejudice they harbor.
Yet, we are skilled at selecting the best 12 who, although highly prejudiced, are open to learning. That is the best we can hope for.
I founded the Innocence Legal Team to help those falsely accused of sex crimes stand up to these groupthink movements. We look critically at all of the evidence.
We are not afraid of attempts to silence or cancel us. We are not afraid of being politically incorrect. The Innocence Legal Team is the “out group.”
Throughout my career, I have taught attorneys how to overcome these prejudices.
Obviously, we cannot represent all of those who face false accusations. However, we help everyone within our means. That is why we created the Innocence Legal Team Help Center where we share our strategy and work product.
The Innocence Legal Team cannot change the Child Protection Movement because of its funding by a never-ending stream of federal dollars from the Mondale Act and the laws that have been passed to allow the people involved to escape responsibility and accountability.
Nevertheless, it is our goal to save one falsely accused person at a time from this unjust system.
