Annual Report 2005 - San Diego Health Reports and Documents

Truth, Justice & Protection2005Annual ReportOffice of the San Diego CountyDistrict Attorney

Mission StatementThe employees of the San Diego County DistrictAttorney, in partnership with the Community weserve, are dedicated to the pursuit of truth, justice andprotection of the innocent, and the prevention of crimethrough the vigorous and professional prosecution ofthose who violate the law.

Table of ContentsDistrict Attorney’s Message 2Staffing, Organization & Overview 4Administrative Organizational Chart 6Conviction Rate 7Fiscal Revenues & Expenditures 7Branch Offices 8Bureau of Investigation 12DivisionsAppellate 14Case Disposition 16Case Issuance / Extraditions 17Central Pretrial 18Cold Case Homicide 19Communications / 20Community RelationsEconomic Crimes 22Family Protection 24Gangs 26Information Technology 27Insurance Fraud 28Juvenile 30Narcotics 31Restitution Enforcement / 32Victim ServicesSex Crimes / Stalking 33Superior Court 34Special Operations 36

District Attorney’s MessageWorking Together“We have worked onmaking sure there wouldbe uniformity in thehandling of criminalmatters at our local branchoffices, assuring that nomatter where you are inSan Diego, you are treatedequally and fairly.”Our office has made it a top priority to reduce crime in the communities of SanDiego County. I am proud to say we’ve been able to accomplish this throughoutthe past year in many innovative ways.For the third consecutive year, our Community Advisory Board, with its diverse civicand neighborhood leaders, has provided insightful and sound advice to me and my administrationon a variety of issues.We have not only discussed controversial topics such as police officer involved shootings,hate crimes and drugs and gang violence, but this group also guided us toward communitysolutions.This has given our office a better understanding of proactive steps to take to help residentsreclaim their neighborhoods.

We know community outreach,partnerships and crime preventiongo hand in handfor Public SafetyOur Ministers’ Advisory Board continuesto play an integral part in crimeprevention. Although most of their workremains in the planning stages, its importancecannot be underestimated. Thisboard is a critical component of SenateBill 618, the Re-entry Program, whichwill offer “wrap around” services to paroleesbefore they are released from prisonso there are fewer crimes andfewer victims.San Diego has been chosen as a pilot siteto prove that reduction in recidivism ispossible through this all encompassingprogram. The project allows faith-basedorganizations, such as our Ministers’Advisory Board, to begin facilitating thisprogram inside Donovan State Prison.For the past year this board has workedtirelessly with many other state and localagencies to achieve this goal. Their collaborationis essential and remains key tothe success of this pilot project.This past year our office, local law enforcementand the Tribal Nations of SanDiego County achieved a new level ofcooperation and partnerships. We realizethe need to keep current on crime enforcementand prevention issues that areof concern to the tribal neighbors.Our office and the Sheriff’s Departmentcontinue to meet on a regular basis withthe tribal leaders. These meetings are extremelyhelpful as law enforcement workswith each sovereign nation.We also used this same model within eachcity throughout the county. We continueto hold meetings with local mayors andcity attorneys to discuss their city’s respectivecrime patterns and trends and wayswe can work together for public safety.We collaborate on prevention, cooperationand coordination of resources.We have worked on making sure therewould be uniformity in the handling ofcriminal matters at our local branch offices,assuring that no matter where youare in San Diego, you are treated equallyand fairly.Finally, we were able to serve more than1,000 San Diegans, especially seniors, duringthe First Annual Consumer ProtectionDay. Thanks to the generous support ofour County Board of Supervisors ChairwomanPam Slater-Price, our office wasable to begin a tradition. We presenteda full day of consumer expert panels andexhibitors free to the public.As the crime of identity theft continues torise, the need for public education doestoo. Consumer Protection Day was oneof the venues we were able to provide tothe public with expert information in afun and exciting way.It is gratifying knowing that our job asprosecutors does not end in the courtroom.We are members of our communitiesand care deeply about them. Webelieve it’s just as important to make acase for community outreach. We knowcommunity outreach, partnerships andcrime prevention go hand in hand.It is our belief that changing criminalbehavior starts in the neighborhood.Bonnie M. DumanisDistrict Attorney

Staffing, Organization & OverviewBeyond the2005 STAFFINGAttorneys 306Temporary Retired DDA Rehires 8DA Investigators 123Temporary Retired DAI Rehires 8Paralegals Including Supervisors 113Victim Advocates & Supervisors 13Support Staff 384Unclassified Employees 19Student Workers 16Interns 17Volunteers 33Temporary Expert Professionals 10TOTAL PERSONNEL 2005 1,050More than 1,000 employees serving in six offices countywide worked togetherin 2005 to obtain a 94 percent conviction rate. The San Diego County DistrictAttorney’s Office is proud to have one of the highest conviction ratesof all 58 counties in California. While the District Attorney’s Office was kept busy withongoing, day-to-day operations, we also went beyond our call of duty withinnovative programs.The DA joined with the California Department of Corrections and Rehabilitation in thesummer to announce a new program to closely monitor high risk sex offenders paroledin San Diego County using Global Positioning System (GPS) satellite technology. Theimpending release of two sexually violent predators (SVPs) back into the County keptDeputy DAs in the Sex Crimes / Stalking Division busy all year, including a town hallmeeting in the College Area in January.

Call of DutyAnother first for California was the springlaunching of the DA’s multi-agencyMedical and Legal Insurance FraudTask Force, designed to investigate andprosecute insurance fraud and tax evasionby medical and legal professionals. It hasalready begun issuing criminal cases.San Diego County was one of the first inthe state to issue a criminal complaint andarrest warrant in the fall for a John Doe, afugitive identified only by his DNA profilethat was left at the scene of an armedrobbery. Thanks to a new law (Prop.69) passed by voters, a DNA database isgrowing rapidly in California that willeventually close many unsolvedcrimes countywide.A new Check Enforcement Program wasannounced by the DA at a news conferencein the fall, featuring the sheriff andpolice chiefs from throughout the county.The program targets consumers whowrite bad checks to participating localmerchants and allows them to pay restitutioninstead of facing possiblecriminal charges.Many high-profile criminal and consumercases made their way through the criminaljustice system in 2005, including thebreak-up of the largest identity theft ringever prosecuted in San Diego County andpossibly the state. Thirty-four defendantswere indicted on 66 felony charges.Two former San Diego Data ProcessingCorporation officials were charged andconvicted of financial conflict of interestand failing to report financial interest aftera 14-month investigation by our SpecialOperations Division.On the consumer protection front, a$10.75 million settlement with EquilonEnterprises was announced, in connectionwith environmental violations by Shellgas stations countywide. The operatorof ARCO gas stations agreed to pay $1million in penalties for missing a deadlineto upgrade equipment. A civil complaintwas settled with sellers of illegal Mexicancheese known as queso fresco as part of alaw enforcement response to a salmonellaoutbreak in 2004.In an effort to help our community andthose in need, the DA donated money toimprove lighting at a South Bay recreationcenter after a teen-aged girl wasgunned down in the parking lot during arobbery. Our office also donated computersto a charter school in the NorthCounty and to the criminal justice systemin New Orleans in the wake ofhurricane Katrina.These accomplishments were possiblebecause of the dedicated professionalswho work so diligently in the Office ofthe District Attorney.Assistant District AttorneyJesse RodriguezFinding a better way of getting thejob done was recognized by theNational Association of Counties2005 Achievement Awards. We werehonored for our Cold Case HomicideDivision, our Video ReceptionistProgram and our Economical andEffective Streaming Video Training.

San Diego County District Attorney2005 Organizational ChartDISTRICTATTORNEYBONNIE M. DUMANISDirector of Communications/Community RelationsGAIL STEWARTPublic Affairs OfficerPAUL LEVIKOWChief, Administrative ServicesVAUGHN JEFFERY(IT, Finance)Public Affairs OfficerJESSE NAVARROSpecial OpsChiefJulie KorsmeyerAsst. ChiefDavid WilliamsASSISTANT DISTRICTATTORNEYJESSE RODRIGUEZDirector of RestitutionEnforcement/Victim ServicesCASEY GWINNChief, Employee RelationsCHERYL RUFFIER(Personnel, Training, Payroll)Director of Victim AssistanceCYNTHIA CHARLEBOISSpecial ProjectsJOHN LUSARDIPublic Affairs OfficerJEFFERY ANDERSONPublic Affairs OfficerMIDGE COSTANZACrime AnalysisAdministratorJULIE WARTELLNorth CountyChiefDave GreenbergAsst. ChiefKimberlee LagottaEl CajonChiefCarlos ArmourAsst. ChiefDavid BerryGangsChiefRichard MonroyAsst. ChiefBrock ArstillChief DeputySpecial UnitsMARK PETTINECold HomicideDivisionChiefJeff DusekChief DeputyCentral Ops/AppellateSHARON MAJORS-LEWISCase DispositionChiefGreg WaldenCase Issuance/ExtraditionsChiefDave LattucaAsst. ChiefJane ViaEconomic CrimesChiefSteve RobinsonAsst. ChiefRobert MadrugaChief DeputyFraudJOHN MASSUCCOInsurance FraudChiefDominic DugoAsst. ChiefMichael RunningSpecialInvestigatorRobert "Butch"EtheridgeChiefBureau of InvestigationMICHAELCONNELLYAssistant ChiefInvestigatorCarlos GonzalezDeputy ChiefInvestigatorVACANTSouth BayChiefPat McGrathAsst. ChiefChandra CarleJuvenile ChiefRobert EichlerAsst. ChiefMichele LinleyNarcotics/JUDGE/Drug InterventionChiefDamon MoslerAsst. ChiefDana GreisenFamily ProtectionChiefGenaro RamirezAsst. ChiefJill SchallSex Crimes/StalkingChiefSummer StephanAsst. ChiefPhyllis ShessCentral PretrialChiefOscar GarciaAsst. ChiefEugenia EyherabideAppellateChiefKim-Thoa HoangAsst. ChiefTony LovettSuperior CourtChiefDan LambornAsst. ChiefVictor NunezTravelPublic AssistanceFraudCATCHEast County/Juvenile/North County/South BayRick Lines, Cmdr.(Temporary Assignment)TechnicalAlicia Pfingst, Sup.Family ProtectionSexual AssaultVACANT, Cmdr.GangsSteve Algya, Cmdr.Special OperationsNarcoticsProfessionalStandardsDebbie Conkin, Cmdr.CATCHTerry Jensen, Cmdr.Appellate/CentralPretrial/Cold Case/PAO/Superior CourtRick Lines, Cmdr.Economic CrimesInsurance FraudJim Ray, Cmdr.Public AssistanceFraudMike Bishop, Cmdr.

Conviction RatesThe San Diego County District Attorney’s Office maintained a 94 percent conviction rate in2005, one of the highest among all 58 counties in California. This figure is determined bytallying the total number of felony cases that resulted in a guilty verdict or guilty plea out ofthe total number of felony cases that were filed countywide. Six percent of the cases filed endedin dismissals or verdicts of not guilty.Felony prosecutionsby crime typeOther Felony 7%Robbery 3%Vehicle Theft 7%DUI 3%Drug-relatedOffenses 39%Assault 10%Weapons Offenses 3%Theft 12%Traffic-related 2%Fiscal 2005 - 2006Sex Offenses(Incl. Rape) 3%Burglary 12%FISCAL YEAR 2005 - 2006 BUDGETFISCAL YEAR 2005-2006 EXPENDITURESSalaries are 88% of Total ExpendituresFISCAL YEAR 2005-2006 REVENUESTotal Budget $109,000,000$120,000,000Salaries / Benefits50%Proposition 172Salaries / Benefits $103,000,000$100,000,00040%General RevenuesSupplies / Services $11,675,000To Other Agencies $2,785,000$80,000,000Federal FundsAssets $496,000Public Assistance $(8,456,170)Fraud Reimbursement$60,000,000Supplies / ServicesTo OtherAgencies30%State FundsReserves $-$40,000,000Assets20%PAF ReimbursementOther FundsAll costs of PAF are paid for by the County’s Healthand Human Services Agency$20,000,000ReservesFiscal year from July 1, 2005 to June 30, 200610%0$(20,000,000)0

Branch OfficesCentral, North, East,The DA, AssistantDA and their executivemanagement teamincluding the ChiefDeputy District Attorneysare headquartered at theHall of Justice.CENTRALThe District Attorney’s headquarters is located in the Hall of Justice in downtown SanDiego, adjacent to the San Diego County Courthouse. The top seven floors of thisbuilding house the District Attorney, the Assistant District Attorney and their executivemanagement staff including the Chief Deputy District Attorneys. The Bureau of Investigationis headquartered here, as well as Administrative Services, Employee Relations,Personnel, Training, Crime Analysis, Technical Services, Budget, Travel Desk, Communications/CommunityRelations, Information Technology and the Restitution Enforcement/VictimAssistance Program.This office also houses the Division Chiefs and Assistant Division Chiefs of the followingDivisions: Gangs, Narcotics, Special Operations, Cold Case Homicide, Case Disposition,Case Issuing/Extraditions, Central Pretrial, Family Protection, Superior Court, SexCrimes/Stalking, Appellate, Economic Crimes and Insurance Fraud.

The felony conviction rate for theNorth County branchoffice was 93 percent in 2005and South CountyNorth County Branch2005 STAFFINGAttorneys 33DA Investigators 9Paralegals Including Supervisors 7Clerical Support Staff 41Total 2005 North CountyBranch Personnel 90North CountyBranchThe North County Branch serves aboutone million residents amounting toapproximately one third of San DiegoCounty’s population. Ten law enforcementagencies, including six Sheriff’ssubstations submit crime reports to theNorth County Branch for prosecution.In 2005, this office processed 6,320felony and 11,923 misdemeanor defendants.Of these, 3,629 were prosecutedas felonies and 11,982 as misdemeanors.Nearly 80 percent of felony defendantswere resolved on the day of or beforethe preliminary hearing, and 93 percentof misdemeanor defendants wereresolved prior to trial. This is significantbecause it saves considerable tax dollars.The felony conviction rate for thisbranch office was 93 percent in 2005.During 2005, the North County Branchhad 33 Deputy District Attorneys, nineDistrict Attorney Investigators, sevenparalegals and 41 clerical and supportstaff. They worked under the supervisionof Branch Chief David Greenberg andAssistant Chief Kimberlee Lagotta.County CaseNorth County CasePeople vs. James SoperThe defendant was found guilty ofone count of first degree murder andone count of second degree murderin the bludgeoning deaths of twotransients in the North County inseparate crimes. He was sentenced to86 years-to-life in prison.North

Branch OfficesCentral, North, East,EAST County Branch2005 STAFFINGAttorneys 27DA Investigators 6Paralegals Including Supervisors 8Support Staff 22Total 2005 EAST CountyBranch Personnel 63East County CasePeople VS Eric AndersonIn 2005, DDA Glenn McAllisterprosecuted the death penalty caseinvolving four defendants whowere charged with the murder ofthe owner of the Cajon Speedway.This case resulted in a deathverdict for the main defendant Eric“Stressed Eric” Anderson.East CountyBranchCalendar year 2005 was very productivein the East County, our case load and ourpersonnel both grew. We achieved manyof our goals, including increasing thestaff and work area for a dedicated EastCounty Gang Task Force. Branch ChiefCarlos Armour and Assistant Chief DavidBerry were in charge of the East CountyBranch in 2005.In 2005, this office processed 4,823 felonyand 7,074 misdemeanor defendants. Ofthese, 2,172 were prosecuted as feloniesand 8,269 as misdemeanors. Almost 70percent of felony defendants had theircases resolved on the day of or before thepreliminary hearing, and 95 percent ofmisdemeanor defendants had their casesresolved prior to trial. The felony convictionrate for this branch office was 91percent in 2005.The East County has some unique crimes,including cases in which smugglers fleewith their human cargo from the BorderPatrol. We also have a high incident ofdriving under the influence causing deathor great bodily injury cases on our backcounty roadways.10

The felony conviction rate for theSouth Bay branch office was 97percent in 2005and South CountySOUTH BAY Branch2005 STAFFINGAttorneys 29DA Investigators 8Paralegals Including Supervisors 9Process Server 1Technical Services Staff 1Clerical Support Staff 26Total 2005 SOUTH BAYBranch Personnel 74South Bay BranchThe South Bay Branch of the District Attorney’sOffice is located in the City of ChulaVista and serves the southern area of the county.Chief Patrick McGrath and Assistant ChiefChandra Carle supervised this branch.In 2005, this office processed 5,209 felonyand 5,100 misdemeanor defendants. Of these,3,459 were prosecuted as felonies and 4,869as misdemeanors. Almost 90 percent of felonydefendants were resolved on the day of or beforethe preliminary hearing, and 95 percent ofmisdemeanor defendants had their cases resolvedprior to trial. The felony conviction rate for thisbranch office was 97 percent in 2005.South Bay CasePeople vs. Jorge OropezaOn March 7, 2004, Jorge Oropeza sat in the passenger seat while his frienddrove their truck northbound on I-805 after partying in Tijuana. Seventeenyear old Moraima Coss was a passenger in her cousin’s truck. The twotrucks met up on the freeway. The defendant decided to turn the roadrage into a murder mission when he pulled out a loaded gun, pointed thegun at the other truck driver’s head and fired the gun. The single bullet hitthe driver. The bullet continued on and entered Coss. The bullet lodged inher head and she died. The defendant was sentenced to 80 years to life inprison. The driver was sentenced to seven years in prison.11

Bureau of InvestigationProviding forWith the retirements andthe hiring, our staffing levelsremained at around 117investigators for the year.We are on track to add anadditional six new investigatorsin 2006, which will bringour staffing level to 123sworn DAIs and 48 PublicAssistance Fraud Investigators.Budget constraints continued to impact our ability to fully staff the Bureau ofInvestigation during 2005.The ranks of investigators were thinned by the retirements of 13 veteran investigators.But by working closely with the District Attorney and our Employee RelationsDepartment, we were successful in softening the loss of these experienced investigatorsby hiring 13 new DAIs. We are fortunate to attract and draw talented, seasoned investigatorsfrom all over the state and the country.With the retirements and the hiring, our staffing levels remained at around 117 investigatorsfor the year. We are on track to add an additional six new investigators in 2006,12

the Public Safetywhich will bring our staffing level to 123sworn DAIs and 48 Public AssistanceFraud Investigators, down from 59in 2004.Even though the Bureau continues tobe understaffed, the investigators in allof our trial support, vertical prosecutionunits, as well as Public Assistance Fraudworked hard and produced some amazingnumbers. For example, through the lastsix months of 2005, our DAIs processed11,531 cases, 7,173 investigative servicerequests, conducted 39,104 interviews,recovered 70 abducted children, conducted405 surveillances, served 259 searchwarrants and participated in 36 wiretaps.Another duty that falls to our District AttorneyInvestigators is to insure the safetyof our witnesses. During a six monthperiod of 2005, our investigators relocated43 witnesses that had been threatened.The law enforcement agencies in SanDiego County have a long history ofworking together to provide the bestin services to the residents of all of ourmunicipalities and the county. Our cooperationis recognized by other areas ofthe state and the country and used as anexample on how agencies should worktogether to provide for the public safetyand improved quality of life.During 2005, the Bureau was able toreassign an investigator to the NarcoticsTask Force that had been removed theyear before due to budgetary constraints.In addition to NTF, our investigatorsare members of the Regional AutoTheft Task Force (RATT), the ViolentCrimes Gang Task Force (VCGTF), andthe Sexual Assault Felony Enforcement(SAFE) Task Force. We are studying thefeasibility of assigning an additional DAIto the U.S Marshal’s Fugitive Task Force.My tenure as Bureau of InvestigationChief ends in 2006. It has been an honorand a privilege working for the DistrictAttorney and serving with such dedicatedhard-working investigators, attorneys andsupport staff.Michael ConnellyChief of the Bureauof InvestigationOur congratulations go out toInvestigator Richard “Buck” Henryfor his outstanding investigativeefforts in the prosecution ofthe murderer of Oceanside P.D.Officer Tony Zeppetella, who wastragically gunned down in Juneof 2003. Buck spent two and ahalf years preparing for the trial.He was recognized as the DistrictAttorney’s Investigator of the Yearat the annual San Diego PoliceOfficers Association banquet. Hehas also been nominated for thestate DAI of the Year Award.13

Appellate DivisionA Year of TransitionAppellate Division2005 STAFFINGAttorneys 10DA Investigators 6Paralegals Including Supervisors 1Support Staff 4Total 2005 AppellateDivision Personnel 63It was a busy year of transition and reorganization for the Appellate Division. ChiefKim-Thoa Hoang strived to make the division leaner and more efficient in responseto the greater needs of the District Attorney’s Office. After Assistant Chief TonyLovett’s retirement, Craig Fisher was appointed to fill this position. Deputy DAs andvalued members of the division, Charles Nickel and Peter Cross retired, while bright andenthusiastic new deputy district attorneys were added.Both the organizational structure and physical layout of the Appellate Division were modifiedto accommodate these changes. The Lifer Unit was transferred to Complaints andExtraditions Division. Several other appellate deputies moved into new offices to makeroom for the expansion of the Gang Division.Unlike the previous year in which prosecutors were rocked by major legal decisions, 2005was a relatively quiet year for appellate decisions in the area of criminal law and procedure.Fears of a major overhaul of California’s felony sentencing rules dissipated in 2005 with aUnited States Supreme Court decision and a California Supreme Court decision.14

We have strived to make the division leaner andmore efficient in response to the greater needs of theDistrict Attorney’s OfficeThe California Supreme Court’s rulingoverturned the right to use reckless evadingas a basis for felony murder. Respondingto petitions for habeas corpus relief,the appellate division identified severalhigh profile cases requiring grants ofnew trials.Meanwhile the Appellate Division continuedto rise to the needs of Californiaprosecutors. The Sixteenth Edition ofAutobrief, our electronic compilationof standardized legal arguments, wasdistributed throughout the state in 2005.Despite short deadlines, our clerical staffcompiled the Judicial Council’s new set ofcriminal jury instructions into an electronicform accessible by trial deputies intime for the January 2006 effective date.Throughout the year, attorneys in thedivision continued to provide valuabletraining on a variety of useful topics,including motion practice, search andseizure law, and handling civil subpoenas.Although the number of pretrial motionsremained steady, the Appellate Divisionfound itself responding to an increasingnumber of complex civil matters, includingCalifornia Public Records Act andcivil subpoena (for District Attorney records)requests. On both the judicial andlegislative fronts, the Appellate Divisionfended off concerted defense challenges tothe use of phlebotomists to draw bloodin driving under the influence cases.Several attorneys in the division widenedtheir scope of expertise by handlingdefendant’s writ petitions in the federalcourts. This included the controversialdecision from the Ninth Circuit Court ofAppeals striking down California’s statuteprohibiting making false complaintsagainst police officers. Efforts began im-Appellate Division Responsibilities:• Maintain a central Library• Pretrial motions for Superior Court• Public Records Request• File Peoples writs and appeals• Respond to defense writs• Basic research, opinions andmemos for the entire office.mediately to enlist the assistance of theAttorney General’s Office to petition theUnited States Supreme Court to overturnthis ruling.The Appellate Division is in the midstof several significant appellate actions. APeople’s appeal has been filed challengingthe dismissal of a “cold-case” homicide.If successful, this case could redefine anentire body of law and remove difficultlegal barriers to such prosecutions.15

This division has helped to maintain the Superior CourtDivision’s high conviction rate, which has seen a reductionin not guilty verdicts since 2000Case Disposition DivisionThe CaseDisposition Divisioncontinues to bestaffed by four seniordeputy districtattorneys includingChief Greg Walden.The Case Disposition Divisioncontinues to be staffed by foursenior deputy district attorneysincluding Chief Greg Walden. In 2005,the division handled more than 6,000felony cases involving 7,000 defendants,resulting in the disposition of 4,365 casesoutside of trial.The number of continuances in all thedisposition departments in 2005 wasreduced approximately 23 percent fromthose in 2004. In the pre-trial readinessdepartment, the continuances werereduced by 43 percent. This reductionresults in considerable savings to the DistrictAttorney’s Office, the County of SanDiego, and ultimately the taxpayers.We continue to encourage the immediatesentencing of defendants where appropriate,with help from the Superior Court.This also reduces significant costs to theCounty of San Diego. In 2005, we sentenceddefendants in approximately 1,183cases immediately following the dispositionand plea of their case. Of those, 53percent involved state prison commitmentsand 47 percent were sentenced toprobation. The fact that those defendantswere sentenced immediately, versus havinga separate and full sentencing hearing,resulted in a savings of millions of dollarsto the County of San Diego.Our division has helped to maintain theSuperior Court Division’s high convictionrate, which has seen a reduction innot guilty verdicts since the year 2000. In2005, 124 Superior Court Division caseswere tried by a jury, resulting in onlynine not guilty verdicts. This is due inpart to our continued ability to successfullynegotiate and evaluate cases.16

Case Issuance /Extraditions DivisionThe Case Issuance/ExtraditionsDivision, under Chief David Lattucaand Assistant Chief Jane Via,reviews an average of 650 felony casesper month for case issuing. In addition, toreviewing cases for filing, our attorneysalso provide legal advice to peace officerson matters involving criminal procedure,criminal law and evidence.Three of our deputy district attorneys areassigned to local law enforcement agenciesto assist in training and in the preparationof legal documents. These attorneysact as liaisons between this office andlaw enforcement to ensure high qualityinvestigations. They prepare and reviewup to 100 search warrants per month andprovide legal advice 24 hours a day, sevendays a week on warrantless searches andinterrogations and the laws of arrest.The Lifer Unit is also assigned to thisdivision. The staff members prepared asizeable number of cases in an effort tomaintain the continued incarceration ofprisoners sentenced to life terms. Someof the more notable parole denials for2005 included former California HighwayPatrol Officer Craig Peyer and ClevelandElementary School shooter Brenda Spencer.The division’s Probation RevocationUnit files petitions to revoke a defendant’sprobation when the defendanthas violated the terms and conditions ofprobation, but his actions do not warrantthe time and expense of filing a new case.This unit files approximately 60 new petitionseach month resulting in a substantialnumber of state prison sentences.The division’s Extraditions Unit handlescases involving the return of fugitives toSan Diego County courts (26 from otherstates) as well as appearing on almost350 hearings involving extraditions fromCalifornia to other states. This unit mustalso address the complex laws of othercountries to accomplish extraditions.Brenda SpencerOriginal school shooter who openedfire on January 29, 1979, on anelementary school across the streetfrom her home. She killed the schoolprincipal, Burton Wragg, the schoolcustodian, Michael Suchar, andwounded one police officer and eightchildren. Her reason for the crimewas, “I hate Mondays.” Althoughshe has done well in prison, we wereable to marshal a strong presentationagainst her release, including avideotaped impact statement fromvictim Wragg’s widow, and usingrecent court decisions that apply inthese types of cases. She received afour year denial.Craig PeyerCHP Officer Peyer murdered a collegestudent while on duty on December27, 1986. The murder shook the SanDiego community and was viewed asa violation of the sacred public trust inlaw enforcement officers. We provideda mountain of material to the paroleboard and argued strongly againstrelease. There was public outcry againstthe release, and we forwarded multipleletters from the public to the boarddemanding continued incarceration.He received a four year denial.17

Central Pre-Trial DivisionThe Central Pre-Trial Divisionhandles the initial hearings on allfelony cases in the central areaof San Diego which are not handled byspecial divisions or at the branch offices.Chief Oscar Garcia and Assistant ChiefEugenia Eyherabide work closely withtheir staff of attorneys and support personnelto create a cohesive team consistingof nine attorneys, eight support staff, andfour paralegals.This division is one of the busiest in theoffice and handles a large number ofserious cases. The attorneys in this divisionarraign the defendants charged infelony complaints. They then conductpreliminary examinations in front of ajudge to prove the charges, based upon aprobable cause standard. Central Pre-Trial attorneys also handle suppressionmotions, bail reviews, plea negotiations,change of plea proceedings, and miscellaneouscourt calendars. Occasionally, theyconduct misdemeanor trials which resultif felony charges are reduced at thepreliminary hearing.This division also orders San DiegoCounty probation cases, prison priors andthree strikes cases for preliminary hearingdefendants. The staff prepares hundredsof subpoenas each week to ensure theappearance of essential witnesses who areneeded to prove the charges at the preliminaryexaminations. The division alsosends letters to victims and witnesses thatset forth their rights in criminal cases. Thecases that are proven at the preliminaryhearing are then bound over and transferredto the attorneys in the SuperiorCourt Division for trial.The total number of cases set on thepreliminary examination calendar in 2005was 6,023. Of that number, 1,674 caseswere bound over, meaning preliminaryhearings were actually conducted in them,except for a small amount in which bothsides stipulated to the bind over. Thebalance of the cases were either resolvedby guilty pleas, reduced to misdemeanorsby the court, continued to a future datein 2006, held in abeyance because the defendantfailed to appear, or were dismissedupon the people’s or the court’s motion.18

Science and technology are keyto the resolution of our cold homicide casesCold Case Homicide DivisionThe Cold Case Homicide Divisionwas formed in 2003 to bringclosure to the more than 2,000unsolved murders in San Diego County.Division Chief Jeff Dusek was joined byDeputy District Attorney Garland Peedand five DA Investigators to round outthe team.Due to the increasing workload of thedivision, Deputy District Attorney AndreaFreshwater joined the division in May,2005. Student volunteers and legal internshave also helped in the preparation andprosecution of our homicide cases.Cold Case Homicide continues to maintaina close working relationship with lawenforcement agencies throughout San DiegoCounty, including police laboratorycriminalists. Ongoing investigations haverequired our attorneys and investigators totravel to cities all over the United States.On a national level, police agencies havehelped our prosecutors and investigatorslocate pertinent homicide witnesses andfamily members of our victims.Science and technology are expected toplay an even greater role in the resolutionof our cold homicide cases in thenear future. Currently, California’s DNAdatabank makes about 40 to 50 matchesper month. However, the recent passageof Proposition 69 is greatly increasingthe number of suspect DNA profilesbeing added to the databank. Californiahas 370,000 DNA samples on file, morethan any other state. There are hundredsof thousands of DNA samples waiting tobe typed and entered into the system. Weexpect a significant increase in the numberof “hits” once all the DNA sampleshave been entered.Up-to-date technology, an excellentworking relationship with local law enforcementand superb investigations havemade it possible to bring closure to manyfamilies within San Diego County, all ofwhom have been waiting for justice to beserved for years.National Association of Counties2005 Achievement AwardsCold Case Homicide: In the first 16months of operation, this Division,has filed nine cases in court andsuccessfully prosecuted another.Although the closure of a cold case isa quantifiable performance measure,the closure that solving a cold casebrings to a family is immeasurable.Cold Case FilePeople vs. Manuel BracamontesIn early September, 2005, DeputyDistrict Attorney Garland Peedconvicted Manuel Bracamontes forthe 1991 murder and sexual assaultupon 9 year old Laura Arroyo. Afew weeks later the jury returned adeath verdict.19

Communications / CommunityRelations DivisionAccurate, TimelyThe DA’s e-newsletter,“On the Record,”can be found atwww.sandiegoda.comtions, to provide them with access to theoffice of the District Attorney.CommunicationsThe CCR Division handles all public andmedia inquires to specific case files. Weare also responsible for news releases andnews conferences. In 2005, this divisionalerted the media to 74 news advisoriesand news releases. We planned, organizedand prepared the executive staff and theDistrict Attorney for 18 news conferencesheld at the Hall of Justice.We host a quarterly “Brown Bag” medialuncheon attended by 15-20 members ofThis division deals with manyaspects of public relations, themedia and community affairs.It is our goal to provide accurate, timelyand ethical information to the public andthe media. Director Gail Stewart overseesthe division. Public Affairs Officer PaulLevikow directs the day to day media operations.Community Relations OfficersJeffrey Anderson and Jesse Navarro handlethe public outreach efforts. Recently, weadded Midge Costanza who rounds outour Community Relations team. Thesethree CR Officers are responsible for avariety of duties, including keeping intouch with the many diverse communitiesacross the county, including our tribal nathelocal media who meet informally withthe District Attorney and selected divisionchiefs. Each luncheon is designed to allowthe chiefs to talk about their units and thelatest crime trends while allowing reporters,editors and producers to ask questions“on the record” and gather story ideas.San Diego Press ClubExcellence In Journalism Award1st Place Web Sites Public ServiceConsumer Advocacy Site20

In 2005, this division alerted the mediawith 74 news advisories, news releases and18 news conferencesand EthicalPublications• We drive the daily content of our officewide intranet and content for the DA’spublic web site, which also has Spanishlanguage pages.• This division also collects and compilesan internal “kudos” list for the DA thatis delivered office wide every othermonth to recognize the hard work anddedication of staff inside the office.• We publish the District Attorney’smonthly e-newsletter, which can bedownloaded from our public web site.• We publish Law Enforcement Quarterly,a bi-annual law enforcement trainingmagazine that features recent legal rulingsand how they impact local officerson the beat. The magazine consistentlyprofiles leaders in the community alongwith projects and programs that areworking to improve public safety.Community RelationsOur Community Relations Officersspend their work schedules meeting withdifferent community groups, city councils,chambers of commerce, civic agenciesand educational organizations discussingthe role and function of the DistrictAttorney’s Office. They are trained tospeak on a variety of issues includingidentity theft, elder abuse, immigrationfraud, domestic violence and hate crimes.Their primary purpose is educating thecommunity about the DA’s office and toinform the public about the services theDA’s Office provides to crime victims.Reducing RecidivismThe District Attorney’s Office has aLiteracy Program, in collaboration withthe San Diego Council on Literacy, AdultLearning Centers and Probation, to increaseliteracy among those released from jail.The District Attorney continues to workon a Re-entry Program. This pilot projectwill provide “wrap around” services (vocational,drug/alcohol rehab, shelter, etc,)to non-violent prisoners who are eligibleprior to and upon release. Public safety,recidivism and cost savings are the goals.Special EventsConsumer Protection Day is a one-dayevent that is designed especially to educateSan Diego seniors on how to protectthemselves against fraud, scams and cons.The DA’s office collaborates with theCounty Board of Supervisors, AARP,Aging and Independence Services andElder Law and Advocacy. Admission tothe event is free. It features expert paneldiscussions and more than 40 exhibitorsfrom government and non-profit agencies.The Citizens of Courage Luncheon isan emotional tribute to a select group ofindividuals such as witnesses and crimevictims who endure many hours of testifyingand court hearings to ensure thatjustice prevails. Each receives special recognition,a plaque and is congratulated bythe District Attorney. Many of those thatare honored have endured horrendousexperiences and still are willing to comeforward and tell their story.Boards & Committees• Community Advisory Board• Ministers Advisory Board• Chambers of Commerce• Mayors & City Attorneys• Town Hall Meetings• Media Luncheons• Tribal Governments21

Economic Crimes DivisionECONOMIC CRIMES DIVISION2005 STAFFINGAttorneys 18Temporary Retired DDA Rehires 3DA Investigators 17Public Assistance Investigators 54Temporary Retired DAI Rehires 2Paralegals Including Supervisors 12Support Staff 21Student Workers 2Interns 3Total 2005 EconomicCrimes Personnel 133The Economic Crimes Division has six specialized teams which address whitecollar criminal activity within San Diego County. The teams include: (1) TheComputer and Technology Crime High Tech Response Team (CATCH); (2)Complex Theft; (3) Consumer Protection; (4) Environmental Protection; (5) Public AssistanceFraud; and (6) Real Estate Fraud.Another case which reflects the breadth of the division is the civil case prosecuted againstEquilon (Shell Oil). Our case asserted violations of the Business and Professions Codeagainst Equilon involving its operation of underground storage tanks. A Final Judgmentand Injunction against Equilon was filed in October 2005, preventing Equilon fromengaging in certain business practices deemed harmful to the environment while alsorequiring the payment of $10.75 million dollars in penalties.22

The Economic Crimes Division hassix specialized teams which addresswhite collar criminal activity withinSan Diego CountySTATISTICAL REPORT January - December 2005SUB-UNIT CASES ISSUED CONVICTIONS TRIALS DISMISSALSPRISONCOMMITMENTS(By case #) (By def) (By case #) (By def) (By def)CATCH 90 152 4 4 53Complex Theft 150 174 1 12 42Consumer 10* 5** 0 2 0Environmental 5* 1** 0 4 0Public Assistance 207 258 0 23 4Real Estate Fraud 21 27 2 7 12TOTAL 483 617 7 52 111*Includes civil and criminal.** Does not include civil judgments.Complex Fraud CasePeople vs. Cole and RoblesCole and Robles operated a sophisticated investment scam which targetedseniors within the community. They sold speculative investments in outsidecompanies as well as their own companies. Evidence revealed the defendantsconverted the majority of the monies for their own benefit. A four weekjury trial resulted in both defendants being convicted, with Mr. Cole beingsentenced to 17 years in state prison and Mr. Robles receiving approximately12 years in state prison.23

Family Protection DivisionPromoting Public SafetyFamily Protection DIVISION2005 STAFFINGAttorneys 29DA Investigators 19Paralegals Including Supervisors 9Support Staff 19Total 2005 FamilyProtection Personnel 76The Family Protection Division promotes public safety by prosecuting crimes ofmurder, domestic violence, crimes against children, and elder abuse. The divisionstrongly supports victims of crime and works closely with criminal justiceagencies and community partners.There were 817 domestic violence felonies filed in 2005, which was 17 percent morethan the previous year and 2,379 domestic violence misdemeanors filed. That was 91percent more than in 2004. Child abuse felonies and Internet Crimes Against Childrencases experienced a 23 percent increase over 2004 with a total of 244 cases filed. Therewere 181 elder abuse cases filed in 2005 for a 16 percent increase from 2004.The Child Abduction Unit was busy with 968 contacts that led to 200 cases beingopened and 94 children recovered. The division experienced a 26 percent increase infelony trials in 2005 with a total of 81 and a 93 percent conviction rate. A small samplingof the division’s work during the year includes:24

San Diego County Deputy DistrictAttorneys Association Prosecutor ofthe Year 2005Sexual Assault Response Team(SART) Prosecutor of the Year 2005DDA Tracy PriorService to the San Diego County BarAssociation Award 2005DDA Wendy Patrick MazzarellaSan Diego County Deputy DistrictAttorneys Association OutstandingAchievement Award 2005DDA Corinne MiesfeldCHILD ABUSEPeople vs. Paul WhitmoreIn late 2001 a child porn image waslinked to a Danish man. Danish Nationalpolice investigated that case, arresting aDanish father/mother team for abusingtheir 9-year-old child. That suspect had acomputer that contained communicationswith pedophiles around the world. U.S.Customs stepped in and were able assist inthe arrest of 26 other suspects (includingour two defendants) breaking up the largestchild porn manufacturing ring ever.Search warrants were served on PaulWhitmore’s house, confirming the worstfears: that he had a 9-year-old daughterand that he was a local counselor at aschool for disabled children. Co-defendantRowland pled just prior to trial andtestified against Paul Whitmore. The defendantwas found guilty at trial and wassentenced to 467 years and eight monthsto life in prison.INTERNET CRIMES AGAINSTCHILDREN (ICAC)People vs. John Pertle(AKA Johnny Love)Between November 2002 and January2005, the defendant uploaded images ofchild pornography to various Yahoo usergroups. As Yahoo discovered the childpornography, it would shut the groupdown and send a complaint to NCMEC(National Center for Missing and ExploitedChildren). NCMEC traced the IPaddresses of the up loader to San Diegoand forwarded the 80+ complaints to SanDiego ICAC. ICAC detectives noted thatnearly all of the user names were derivativesof the phrase “Johnny Love” and ledto John Pertle of San Diego, a local musicianfrom a band called the Johnny LoveSound. The defendant pled before trial tomultiple counts and received four years inprison despite having no record.DOMESTIC VIOLENCEPeople vs. Wardell JoinerWardell Joiner called the Sheriff to reportthat his live-in girlfriend had stabbed himin the leg, but did not want deputies tocome take a report and pictures. Deputiesresponded to their shared residence, butvictim did not answer as defendant hadneglected to tell the deputies that duringthe incident he had choked her, brokenher back, and then dragged her fullyparalyzed body into the bathtub wherehe turned on the water. The victimdrowned. Joiner was convicted at trial oftorture-murder and sentenced to life inprison without the possibility of parole.ELDER ABUSEPeople vs. Thomas JohnsonCarlsbad police responded to a call for awelfare check after a medical clinic calleda victim’s house and spoke to a five-yearoldboy who told them that “Uncle Tomis hurting us.” Police found an 84-yearoldman dead in his bed from multiplestab wounds to the chest; an 80-year-oldwoman lying at the top of the stairs, stillunresponsive after being choked unconscious;and the five-year-old with a stabwound to the neck, fractured jaw andother injuries.There was no sign of the 50-year-oldson of the elderly couple—the defendant—whowas a resident in the home. Ajury convicted Johnson of murder and attemptedmurder and found him sane. Hewas sentenced to 16 years-to-life in prison.CHILD ABDUCTIONA Child Recovery StoryJared and Nikki were married and livingin Idaho. The couple had two children,Zander and Emma before they separated.In September 2005, Jared and his newgirlfriend took the two children on aweekend visitation, but did not return thechildren as scheduled, and fled from Idahoagainst court orders. Boise Police Departmentissued a felony warrant against him.Nikki contacted the SDDA Child AbductionUnit when she learned that Jared andthe children may have settled in the SanDiego or Tijuana area.Through investigation the Child AbductionUnit learned that Jared had appliedfor welfare in San Diego. The investigationrevealed that Jared and the kids wereliving in Tijuana. Mexican authoritieswere contacted and assisted in the recoveryof the children. The children wereplaced at the Polinsky Center and werereunited with their over-joyed motherthe following day.25

We employ the latest technology in usingcourt approved wiretaps and undercoveroperations to stop violence before it can occurGangs DivisionWe have been active in workingwith local law enforcementand community organizationsto develop programs to keepkids out of gangs. We employ the latesttechnology in using court approved wiretapsand undercover operations to stopviolence before it can occur. We use ganginjunctions to make neighborhoods safer.In 2005, the 12th and 13th civil ganginjunctions by the DA’s office wereobtained against 89 members of the VistaHome Boys gang in North County andagainst 93 members of the Old TownNational City gang in South Bay.Major cases:People vs. Contreras and Torres(El Cajon)On January 6, 2004, El Cajon gangmembers, Ramon Contreras and LarryTorres began tailgating rival gang membersJimmy Martinez and Filiberto Lamas.When Martinez and Lamas pulled overand approached Contreras’ car on foot,Torres shot both of them. Contreras thenshot Martinez in the head, killing him.Lamas survived the shooting.On April 28, 2005, a jury convicted Contrerasof first degree murder with specialcircumstance and attempted premeditatedmurder, with the additional allegationsthat the defendant used a gun and didthe crime for the benefit of his gang.The same jury found Torres guilty ofthe second degree murder and attemptedpremeditated murder, with the additionalallegations that the defendant used a gunand did the crime for the benefit of hisgang. For their crimes, Contreras wassentenced to life without possibility ofparole plus 50 years-to-life. Torres wassentenced to 70 years-to-life.People vs. Ricky Cowart(North County)On July 26, 2004, Ricky Cowart drovetwo juveniles to the Vista Transit Centerwhere the two teens intended to commita robbery. The juveniles got out andshot the victim to death. Following themurder, they returned to a party.GANGS STATISTICS20 Deputy DAs countywide17 DA Investigators countywide359 Felony defendants25 Felony trialsFiled misdemeanors on 40defendantsWe filed felonies on 304 of thosedefendantsWe filed misdemeanors on 4 of thosedefendantsIssued 183 felony casesOn March 23, 2005, the jury convictedthe defendant of first degree murder, aswell as finding him guilty on the remainingcounts involving weapon charges(negligent discharge of a firearm andshooting into an inhabited dwellinghouse). He was sentenced to a total termof 30 years, 8 months-to-life in prison.People vs. Ismael Hernandez(Downtown)On August 3, 2004, the 17-year-olddefendant Ismael Hernandez exchangedwords and gang signs with a rival gangmember, victim Jorge Martinez. Hernandezchallenged the victim to a fight. AsHernandez and Martinez squared off fora fist fight, defendant Hernandez pulledout a gun and shot the victim once in thechest. The victim died from the shot.On July 12, 2005, the jury convicted thedefendant of first degree murder and agun use allegation. Hernandez was sentencedto 50 years-to-life in prison.26

Information TechnologyDivision (ITD)This division provides staff withthe technological tools to supportthe legal staff, support staff,and the business operations of the office.Under the leadership of the new CIO,Pam Summers, the 33 employees of thedivision are responsible for the design, development,implementation, and supportof all information technology hardware,software and business applications for theoffice, as well as support of cell phonesand pager services.The year 2005 was a year of assessment,change, and planning for more change.With the new CIO joining the officemid-year, there was an opportunity toassess and provide some new direction.One major change in direction involvedaligning the Technical Support Section(formerly in the Bureau of Investigation)under the management of ITD as a newunit called Trial Support Services (TSS).Investigative and Forensic Technicians inthis unit provide court displays, fingerprintanalysis, photography, audio/videoduplication, graphics, maps, diagrams andDuring 2005 the TSS unit provided thefollowing services for discovery and /or trial services:Audio tapes 12,950Video tapes 9,991Compact Discs/DVD 14,082Fingerprint comparisons 3,250other visual and technical aids for prosecutors’use during trial.TSS has the same responsibilities asbefore, but the new reporting structurewill enable closer access to technologyavailable to broaden the capabilities andofferings in the courtroom.Other topics of new direction for ITD includeddocument management, increasinginfrastructure bandwidth for speed andreliability, business continuity planning,and remote access. Prioritization of thesetopics led to major project planning effortsin several areas.The most significant enterprise planningbegan for a new document managementsystem. The business of prosecutionrequires the handling of a large volumeof paper documents, which are costly tostore and inefficient to handle. A projectplanning team began the task to study thefeasibility of digitally capturing the imagesof much of the paper documents in casefiles and placing them for retrieval withinour Case Management System, whichhouses the computer files for the entireDA’s office.Since the DA’s office is a major partnerin local law enforcement, we also haveestablished partnerships to begin sharingsome infrastructure resources and toprepare for the exchange of digital documentsin the flow of case prosecution.Computer interfaces to various other lawenforcement agencies all have been previouslyestablished, but 2005 was the yearto agree to move toward standards forsharing and accepting that data.27

Insurance Fraud DivisionPromoting JusticeInsurance Fraud DIVISION2005 STAFFINGAttorneys 16DA Investigators 13Paralegals Including Supervisors 6Support Staff 14Legal Nurse Consultant 1Total 2005 InsuranceFraud Personnel 50Insurance fraud costs consumers anestimated $80 billion per year nationwideor about $950 per family.It is the second largest economic crime inAmerica, exceeded only by tax evasion.The San Diego County District Attorney’sInsurance Fraud Division, led byChief Dominic Dugo and Assistant ChiefMichael Running, is a team of specialistswho handle complex prosecutions fromtheir inception to sentencing.This division consists of five grant-fundedunits, including Workers’ CompensationFraud; Auto Insurance Fraud; Urban/Organized Auto Insurance Fraud; DisabilityHealthcare Insurance Fraud; and theRegional Auto Theft Task Force (RATT).These programs are funded by CaliforniaDepartment of Insurance grant awards.RATT is funded by a statute which collects$1 per registered vehicle in the county.In 2005, the Insurance Fraud Divisionobtained convictions against 262 defendantsfor insurance fraud and/or relatedcharges and restitution of approximately$4 million was collected for victims.These results were achieved by utilizingtask forces that join law enforcement agenciesin one entity to combine resources,facilitate cooperation, share information,and eliminate the duplication of effort.REGIONAL AUTO THEFT TASKFORCE (RATT)RATT investigates and prosecutes professionalauto thieves. RATT is a model ofcooperation as peace officers from the followingdepartments work in conjunctionwith one another: the District Attorney’sOffice, the California Highway Patrol,San Diego Sheriff’s Department, theSan Diego Probation Department, theCalifornia Department of Insurance, theNational Insurance Crime Bureau and theSan Diego, Chula Vista, La Mesa, El Cajon,Escondido, Carlsbad, and OceansidePolice Departments.In 2005, RATT successfully concluded“Operation Deep Impact” in La Mesawhich resulted in a Grand Jury indictmentof 23 defendants. Undercoverofficers purchased 42 stolen cars valuedat $422,000, 16 stolen firearms includingtwo assault rifles, and narcotics.In November 2005, District AttorneyBonnie Dumanis and RATT hostedan open house for 27 new car dealershipsand rental car businesses to discusshow to work with law enforcement toreduce auto theft in our county. The 24%increase in auto thefts in San Diego Countysince 2001, which included a significantnumber committed against dealerships, wasthe genesis of the open house.28

The Insurance Fraud Divisionobtained convictions against 262defendants for insurance fraud and/or related charges and restitutionof approximately $4 million wascollected for victimsPREMIUM FRAUD TASK FORCEPremium fraud involves businessesmisrepresenting the extent of their truepayroll to an insurance company in orderto purchase workers’ compensation insuranceat less than the proper premium.These employers often also attempt toevade taxes by paying workers in cash.This cash-based payroll is known as the“underground economy.” In California,the underground economy is estimatedat $60 billion, with an annual tax loss of$3 billion.These unfair practices enable unscrupulousemployers to underbid honest competitors.This results in honest employerslosing jobs and ultimately driving themout of business.San Diego’s Premium Fraud Task Forcehelps maintain a level playing field byprosecuting businesses that commit premiumfraud. This task force is comprisedof members from the: District Attorney’sOffice, Labor Commissioner, EmploymentDevelopment Department CriminalInvestigations and Tax Enforcement,Franchise Tax Board, Department ofInsurance, Bureau of Automotive Repair,and the Contractors State Licensing Board.The task force works very closely withthe insurance industry including StateCompensation Insurance Fund (SCIF)which is the largest workers’ compensationcarrier in California.In 2005, the Premium Fraud Task Forcecharged 15 defendants and convictedtwelve defendants of premium fraudand/or related charges. The estimated lossin these cases exceeds $3 million.MEDICAL PROVIDER FRAUDIn 2005, we established a new Medicaland Legal Insurance Fraud Task Force toinvestigate and prosecute medical and legalproviders committing insurance fraudby over-billing or billing for servicesnot rendered.This task force has streamlined investigationsand increased productivity by poolingresources and consolidating providerfraud referrals in one centralized location.Members include: District Attorney staff;Department of Insurance; Franchise TaxBoard; Federal Bureau of Investigation;the California Department of Justice; theUnited States Department of Health andHuman Services; the Medical Board; theCalifornia State Bar; California Departmentof Health Services; California Departmentof Industrial Relations; UnitedStates Office of Personnel Management;and the Dental Board.In a very short time, the task force hascharged 14 defendants including four cappers,a doctor, a medical clinic owner, abilling service owner, a physician’s assistant,an attorney, and an individual who falselyrepresented himself to be a medical doctor.UNINSURED EMPLOYERPROGRAMInsurance Fraud Division staff work withthe California Labor Commissioner’sOffice to investigate and prosecuteemployers without workers’ compensationinsurance. Workers’ compensationprovides injured workers the security ofknowing they will receive compensationand medical treatment as a result of theirwork-related injury.In 2005, 72 defendants were prosecutedfor operating businesses without workers’compensation insurance including RLLW,Inc., a Nevada corporation, that at one timeoperated 62 Pizza Hut Restaurants withmore than 1,000 employees in San Diego.RLLW settled a civil case filed against themby the District Attorney’s Office agreeing toa civil judgment totaling $690,000.National Association of Counties2005 Achievement AwardsMedical and Legal Insurance FraudTask ForceHonored for its innovative programand hard work to promote justice andcounty government.29

This division prosecutes all juvenilefelonies and misdemeanors in San Diego CountyJuvenile DivisionJuvenile DIVISION2005 STAFFINGAttorneys 21DA Investigators 2Process Server 1Paralegals Including Supervisors 5Support Staff 20Total 2005 JuvenilePersonnel 49Juvenile Division is located at theJuvenile Courthouse in San Diego.The Division Chief is Deputy DARobert Eichler and the Assistant Chief isDeputy DA Michele Linley. This divisionprosecutes all juvenile felonies and misdemeanorsin San Diego County, includingtraffic matters, homicides, rapes andvehicular manslaughters. Juvenile deputyDAs review, issue, and prosecute all ofthese cases.2005 STATISTICSYEARLY TOTALTRUANCY CASESSubmitted for Review 425Rejected 31Truancy Cases Filed 332JUVENILE CRIME REFERRALSSubmitted for Review 7763Rejected 358CRIME PETITIONS FILED 5511Felony 3318Misdemeanor 2165DA sought to have defendanttried in adult court48Prop 21 - Direct File Complaints 28VERTICAL CASESReferrals Assigned 1204Issued 589Rejected 37Pending 572Detention Hearings 5095Readiness Conferences 7026Plea at Readiness 2024Settlement Conferences 1158Plea / Settled 371Plea (on trial date) 133Trial Set 722Cases Tried 169True Finding 169Acquittal 0707 Hearings 56Unfit 15Fit 7Remands (707) To Adult 18Dispositional Hearings 4377Review / Special Hearings 8456Restitution Hearings 679Motions Filed 709Drug Court Hearings 3166TRUANCY Hearings 168630

Narcotics DivisionThe seizures fromthese cases topped500 kilograms ofcocaine, 450 poundsof methamphetamine,several tons of marijuanaand $2 million in cash.The Narcotics Division waslaunched July 2003. We arestaffed with 17 attorneys, handlinga variety of cases countywide, includingjuvenile drug traffickers. We havebeen very busy providing a new serviceto law enforcement and the community.NARCOTICS CASEPeople vs. Morales, et alThis 18 defendant, 135 kilogram ofcocaine case started with several statewiretaps and ultimately resulted inarrests in three counties throughoutSouthern California. The convictionsand prison terms in this casedismantled a large smuggling cell ofthe Mexican-based cartel.During 2005, we handled 1,200 casesinvolving more than 1,800 defendants and75 wire taps.The seizures from these cases topped500 kilograms of cocaine, 450 pounds ofmethamphetamine, several tons of marijuanaand $2 million in cash. Virtually allof the defendants were convicted throughpleading guilty or by one of the 26 jurytrials we conducted.Our responsibilities included runningthe treatment side of the drug cases inDrug Court and Proposition 36 Court,Federal and State Asset Forfeiture matters,and assisting law enforcement withlarge proactive projects in specific highcrime areas.California Narcotic Officers’Association Region IV Prosecutor ofthe Year 2005DDA Jill Dicarlo31

Restitution Enforcement /Victim Services DivisionIn 2005 victimadvocates assisted8,466 general victimswith 3,327 crisisinterventions and 5,268counseling sessions.Restitution enforcement attorneysand paralegals increasedthe number of cases handledto 2,381. The Restitution Claims Unitreceived 1,298 claims from victims ofviolent crimes, processed 1,492 claimsand 4,049 bills from service providers,and paid approximately $1.78 million tovictims from the State Restitution Fund.The Restitution Recovery Unit assisted424 victims, obtained 473 restitutionorders payable to the state totaling over$398 thousand, and recovered $5.3 millionfor the state to reimburse the StateRestitution Fund.The senior probation officer assignedto the division has been instrumental increating processes to facilitate obtainingcourt orders and assisting victims to recoverrestitution. In 2005, he worked on2,154 criminal cases that affected over $33million in restitution, which led to theimmediate disbursement of over $491,000to victims.The Victim Assistance Program has hadanother successful year. In 2005, victimadvocates assisted 8,466 general victimswith 3,327 crisis interventions and 5,268counseling sessions. They also assisted1,039 elder abuse victims with 452 crisisinterventions and 59 counseling sessions.Victim Assistance Program personnelalso provided the primary organizationalsupport for the District Attorney’s highlysuccessful Citizens of Courage Awardsluncheon in April 2005, recognizing es-pecially courageous victims and people whomade noteworthy acts to assist victims.During December, victim advocates andsupporting staff members conducted adrive that provided needs by gifts of cash,food, clothing and toys to 21 familiesconsisting of 70 children.The Restitution Enforcement & VictimServices Division successfully obtained a$400,000 elder abuse grant to create aninnovative new elder abuse team whichwill work out of the San Diego FamilyJustice Center.The District Attorney’s Office plays acentral role as a key partner of the nationallyrecognized Center, serving victimsof child abuse, domestic violence, sexualassault, and elder abuse.32

In 2005, the Sex Crimes / StalkingDivision propelled to cutting edge statuswith the utilization of technology to bettertrack and monitor sex offendersSex Crimes / Stalking DivisionThe Sex Crimes / Stalking Divisionis dedicated to the aggressiveand just prosecution of perpetratorsof sexual assault and stalking crimes,and to treating the victims of those seriouscrimes with compassion, dignity, andrespect. The division is also committedto the vigorous prosecution and enforcementof registration laws by sex offendersreleased into the community in order tomaximize the protection of the community.The division is also committed to protectingthe community from Sexually ViolentPredators by the strict application of thelaw to commit those qualified predators,and by notifying and informing the publicabout any anticipated releases of SexuallyViolent Predators. The division workswith other partners in the communitytowards the prevention of sex crimesthrough community education.SEX CRIMES / STALKING CASEPeople vs. James CainCain stalked and shot to death hisvictim in her driveway. He had ahistory of stalking and inflicting terroron his ex-wife and other women.Cain pled guilty to all charges andwas sentenced to life in prisonwithout the possibility of parole.Thanks to the efforts of the stalkingteam experts, Cain will not be able toclaim any more victims.In 2005, the Sex Crimes / Stalking divisionwith Chief Summer Stephan and AssistantChief Phyllis Shess, propelled thedivision to cutting edge status in the areasof prosecution of sex crimes and stalkingcases with the utilization of technologyand traditional surveillance to better trackand monitor sex offenders.The division partnered with the Departmentof Corrections and Rehabilitationto make San Diego County the firstrecipient of 80 GPS (Global PositioningSystem) to 24/7 track high risk sex offenderparolees. The division closely partneredwith the SAFE Task Force (SexualAssault Felony Enforcement) placing aDA Investigator on that team and providingspecialized deputy district attorneysto prosecute sex offenders that are not incompliance with registration laws.In addition, the division partnered withSAFE to provide community educationand notification of potential releases ofSexually Violent Predators. The divisionworked with our partners in law enforcementincluding the Sheriff, police, parole,probation and the SAFE Task Forcetoward the prevention of sex crimesthrough community education in severalcommunity forums. The division alsocooperated with the National StalkingCenter, the Family Justice Center andothers to hold an educational conferenceon the often deadly crime of stalking.Sexually Violent Predator MatthewHedge was sent back to Atascadero StateMental Hospital shortly after his releaseto outpatient treatment in the communitydue to technical violation of his conditionalrelease. This illustrates that therewould be zero tolerance for lack of adherenceto conditions that protectthe community.Paralegal Lyndee Bastida and VictimAdvocate Cynthia Forsythe receivedthe SART (Sexual Assault ResponseTeam) Award for “Response witha Heart” for their service to sexualassault victims and cases33

Superior Court DivisionOutstandingSuperior Court DIVISION2005 STAFFINGAttorneys 25DA Investigators 12Paralegals 11Support Staff 22Total 2005 Superior CourtPersonnel 70Mothers Against Drunk DrivingOutstanding Prosecutor of the Year 2005.DDA William GentryThe Superior Court Division isone of the largest in the DistrictAttorney’s Office and is responsiblefor taking felony cases to trial that arenot handled in one of our many verticaldivisions. The crimes prosecuted in thisdivision include some of the most challengingand tragic cases such as kidnappings,assaults, robberies, attempted murders,mayhem and murders. By the timeone of these cases reaches the SuperiorCourt Division, it usually means it will begoing to trial.Within the division is the Major ViolatorsUnit, which prosecutes criminals with anextensive felony background, serial bankrobbers and other defendants chargedwith numerous serious felonies who arefacing extraordinarily long prison sentences.The division also staffs various calendardepartments in Superior Court involvingsentencing hearings, motions hearings,restitution hearings and second arraignmentsfollowing preliminary hearings.The DA’s Superior Court Division ishoused at the Hall of Justice downtownunder the leadership of Division ChiefDan Lamborn and Assistant ChiefVictor Nuñez.34

The Superior Court Division is one of the largest in the DistrictAttorney’s Office and is responsible for taking felony cases to trialthat are not handled in our many vertical divisionsCommitmentDDA Michael GrochHe was recognized as one of thetop 20 attorneys under the age of40 in California by the Daily Journal.“I went to law school to become aprosecutor, not a lawyer,” Groch said.“I really enjoy it because every dayis different …I am able to make a difference in avery observable way in somepeople’s lives.”SUPERIOR COURT CASEPeople vs. YoungJack Reynolds and Teresa Perez were working at the 5 Star Parkinglot near Lindbergh Field when they were surprised by a group of menwho approached them with guns. At one point, the defendant got thevictims into an office and had them lay down. He and his partner thenshot and killed them. The case went unsolved for about four years.Through a variety of witnesses, DDA Betsy McClutchey presented acompelling case to the jury. Although the defense tried to attack thecredibility of those witnesses, the jury found them guilty of murderwith a special circumstance.John Doe ProjectIn December, the DA’s Office filed itsfirst John Doe warrant, a program onlya few district attorneys use nationally.DDA Michael Groch spearheaded theproject‘s implementation. An arrestwarrant is filed against a John Doeusing a DNA profile, immediatelytolling the crime’s statute oflimitations. If the person is identifiedwith evidence from a subsequentcrime years later, he or she can beprosecuted at that time. In San Diego,more that 300 cases, from armedrobbery to assault, qualify for reviewunder the John Doe program.35

This division has approximately113 open investigations.Special Operations DivisionSpecial Operations DIVISION2005 STAFFINGAttorneys 7Commander 1Supervising DA Investigators 4Investigators 10Legal Support Manager 1Legal Support Supervisor 1Supervising Paralegal 1Paralegals 5Support Staff 4Total 2005 SpecialOperations Personnel 34This division investigates and prosecutescases involving misconductby public officials and law enforcement.It also handles internal affairs,election law violations, hate crimes andmajor vice. This division acts as the primaryadvisor to the San Diego Grand Juryand reviews all police use of deadly force.Special Operations is headed by Division2005 Statistics:Open Investigations 201Cases Reviewed 33Cases Issued 26Cases Pleading guilty 31Cases that went to trial 9Chief Julie Korsmeyer and Assistant ChiefDavid Williams.The investigators are involved in thegathering and dissemination of criminalintelligence, threat assessment and are oncall for officer involved shootings, incidentsinvolving serious violence againstpeace officers and security for the DistrictAttorney and her staff.Special Operations keeps the ConfidentialInformant Benefit Records and the BradyIndex. To ensure the office maintainsgood working relationships with Mexicoand other foreign governments and withthe Indian Tribal Governments in thearea, this division has two InternationalLiaisons and a Tribal Liaison.Professional Standards is also part of theSpecial Operations Division. ProfessionalStandards is responsible for allemployee background checks and internaladministrative investigations. Wealso coordinate Police Officer Standardsand Training conducted at the RegionalFirearms Training Facility and we maintainrecords on the vehicle fleet.SPECIAL OPERATIONS CASEPeople vs. Adrian CamachoThe gang member and drug dealergunned down an Oceanside Policeofficer during a routine traffic stop.He was convicted of first degreemurder and sentenced to death.36

ValuesEthics – We hold ourselves to the highest standard ofintegrity and personal and professional conduct.Respect – We treat each other and all members of the publicwith dignity and respect.Accountability – We accept a shared responsibility forensuring sound fiscal management, operational efficiencyand continuous improvement.Support for Victims – We will show compassion andunderstanding to the victims of crime andtheir families.Diversity – We are committed to diversity, and recognize thesignificant and valuable contributions to our Mission fromour employees and the community we serve.Teamwork – We are committed to teamwork in achievingour mission, and acknowledge that, as employees of theDistrict Attorney we are also members of the San DiegoCounty Team, and we embrace its motto, “the noblestmotive is the public good.”Community Partnership – We advocate and supportthe building of strong and viable partnerships with lawenforcement, all members of the criminal justice systems andthe community we serve for the purpose of achieving thehighest level of public safety for our citizens.Photos by Tim Tadder, ©timtadder.com • Design by maximoinc.comCommunication – We will be open and forthright in ourcommunications with each other and all those with whomwe come in contact.

Main OfficeHall of Justice330 W. BroadwaySan Diego, CA 92101(619) 531-4040FAX: (619) 237-1351El Cajon OfficeEast County Regional Center250 E. Main StreetEl Cajon, CA 92020(619) 441-4588FAX: (619) 441-4095South Bay OfficeSouth Bay Regional Center500 3rd AvenueChula Vista, CA 92010(619) 691-4695FAX: (619) 691-4420Vista OfficeNorth County Regional Center325 S. Melrose Drive, Suite 5000Vista, CA 92081(760) 806-4004FAX: (760) 806-4162Juvenile Office2851 Meadow Lark DriveSan Diego, CA 92123(858) 694-4250FAX: (858) 694-4774sandiegoda.comPrinted using Asset Forfeiture Funds.