The Law
I suspect that I will ultimately learn more about the world and life from watching the news and reading the paper than I will from any type of formal schooling. For example, I've always thought -- like most people, no doubt -- that the law protects and helps the law-abiding and punishes the "bad people" of the world. (Again, you can thank a few simple Google searches).
On July 1, 2008, San Jose lawyer Xia Zhao is shot and killed
while arriving at her office. San Jose resident Jason Cai is arrested for
the slaying. Turns out that in 2006, Jason Cai was tried and acquited of
killing his first wife, Ying Deng, an immigrant from China. Afterwards, the
wife's family pursued a wrongful death civil suit against Cai. Zhao was the
wife's family's lawyer. Cai didn't take kindly to the suit and allegedly
began harassing and stalking Zhao. Zhao responded -- as I'm sure many of us
would -- by getting a restraining order against Cai. Little good it did her.
Zhao leaves
behind a husband and 2 year old son. (San
Jose Mercury News, July 1, 2008)
On March 3, 2007, a 17 year old girl goes to a party held at
a house in San Jose. The house is owned by the family of a male player on
the DeAnza Community College baseball team. Several other male DeAnza
baseball players are also there. During the course of the party, the girl is
allegedly raped by several players, while up to 8 other males watched. The
rape was interrupted by 3 female players on the DeAnza soccer team -- April
Grolle, Lauren Chief Elk, and Lauren Breyans,
all of whom were subsequently harassed for rescuing the victim -- who
broke into the room where the rape was occuring. After 4 months of
investigation, and counter to the recommendation of the Santa Clara County
Sheriff's department, the Santa Clara County district attorney declines to
file any charges against the men involved. Why? Reasonable doubt. The victim
was apparently drunk off her ass at the time, which makes it exceptionally
difficult to prove beyond a reasonable doubt that any sex was nonconsensual.
(San
Francisco Chronicle, May 22, 2007)
Now I've never prosecuted a rape case before, but when did
the rule become that prosecutors only pursued easy cases?
Monica Harris of Chino, CA, probably thought the law would
protect her from her estranged husband, Curtis. Curtis had a prior felony
conviction (not sure for what) and was also arrested in November 2007 for
kidnapping Monica twice within a three-day period. Curtis was being tried
this time for being a felon in possession of a handgun -- a felony in
California. Superior Court Judge Tia Fisher, however, thought fit to release
Curtis on his own recognizance -- in other words, without bail --
pending trial, provided that he not contact Monica. He, of course, said
"sure, no problem". He then shot and killed Monica before killing himself.
Their bodies were found on January 5, 2008 in a motel room in Whittier, CA.
(Los
Angeles Times, January 7, 2008)
Anthony Maher, a 19 year-old man, was arrested three
times for drunk driving between December 14, 2007 and January 1, 2008 by the
Morgan Hill, CA police. His blood alcohol level was 0.08 the first
time, 0.20 the second, and 0.21 the third. Rather than be jailed, the police
arrested him, kept him for a few hours, cited him, and released him to an
adult. The Morgan Hill police now say -- in retrospect -- that releasing
Maher the second and third times was dumb and
that they should have taken him to the Santa Clara County main jail instead.
(San
Jose Mercury News, January 2, 2008)
Sara Cole of Los Gatos, CA, probably thought that -- until a drunk driver ran her over on Sunday September 9, 2007. The drunk -- an illegal immigrant (figures) named Lucio Rodriguez of San Jose, CA -- pinned Sara up against her SUV, nearly amputating her legs. Lucio then drove away, but was apprehended later -- by a Los Gatos park police officer -- and described as having slurred speech, glassy eyes, and being "so drunk he could barely stand." Turns out Mr. Lucio Rodriguez was convicted of drunk driving in March 2007 as well. His sentence? 10 days in jail and $1,600 in fines since it was a first offense. Yet that didn't stop him from doing it again like it would have stopped me.
I know my late friend Juan thought that the law protected those who abided by it -- until he was killed on March 19, 2006, by a drunk driver -- Nicole Rodriguez, 29 -- who was so out of it that she got onto Highway 85 in San Jose, CA, and went northbound in the southbound lanes for almost 4 miles until she hit Juan. Juan died. Nicole got 7 years in prison. Which means, come 2014, Ms. Rodriguez will get to carry on with her life while all Juan gets is visitors to his grave.
The people convicted car thief Allen Broussard of San Francisco, CA, stole from no doubt felt that the law should protect those who abide by it too. Problem was Mr. Broussard kept getting arrested ... and kept getting released only to break into more cars. All told, Broussard had collected in his 37 years (A) 5 convictions for burglary, theft, and drug-related crimes, (B) 2 stints in state prison, (C) repeated parole violations, (C) an auto burglary arrest in January 2006 (dropped), (E) a drug possession arrest in January 2006 (dropped), (F) a February 2006 arrest for auto burglary (4 months in county jail), (G) 2 arrests in June 2006 for auto burglaries (for which Broussard was given 1 year in drug rehab), (H) an arrest -- and a release -- for failing to partake in said drug rehab, (I) another auto burglary arrest (1 year in county jail -- although he was paroled after 10 months), (J) a July 2007 arrest for auto burglary (dropped). What finally stopped him on August 17, 2007? A victim with a gun.
Sue Kayton from Menlo Park, CA, probably thought that way
too --
until her son Daniel, a student at MIT, disappeared mysteriously one
day in April 2006. Privacy laws meant that MIT couldn't be forthcoming
with information -- access to Daniel's MIT email, for instance -- for almost
a week. Daniel was found dead a few days later.
Jeffrey Fontana apparently thought so when he became a San
Jose police officer.
On
October 28, 2001, then 24 year old Fontana was alone when he commenced a
traffic stop on then 22 year old DeShawn Campbell. Campbell had 2
outstanding arrest warrants and shot and killed Fontana with a single shot
to the head. Fontana had been on solo patrol for all of 7 days.
Six
years have now passed. DeShawn Campbell is now 28 years old and has yet
to be put on trial for Fontana's murder. The delay? Prosecutors are seeking
the death penalty. Campbell's lawyers say that he is mentally retarded. The
US Supreme Court has said executing mentally retarded criminals is illegal.
On a personal note, Jeffrey Fontana was born May 13, 1977 ---
8 days before me.
On Saturday August 26, 2006, I was rear-ended at a red light
approximately 1 mile from my house. It was a low speed accident (~5 mph).
The light had just turned green. The car in front of me had not yet moved,
but the car behind me (the Audi A8 picture below -- I was walking on a
public street a few days later and saw his stupid ass parked) didn't know
that and drove into me. I figured he'd stop, exchange information, say
sorry, etc. Turns out he thought it better to drive away. I pursued him for
about a mile before losing him. I got his license plate and called the Santa
Clara County Sheriff. A deputy came out, took my report, and then closed the
case because there was no discernible damage on my car.
So, apparently then, the rule against hit and run accidents
isn't "always stop", it's "always stop ... IF there's damage". Aside from
the fact that the law was impotent to help, I'm pissed (even now, a year
later) that the deputy I called also demanded to see my license,
registration, and insurance. I had all that, of course, but what if I
hadn't? Would the deputy close out my case (i.e. the hit and run Audi driver
gets off scott-free) whereas I (the victim of the hit and run) possibly get
a citation for not having a license, registration, or insurance.
So the point then is call the police at your peril.
Thursday, July 31, 2008 01:07:02 PM