Author: Amber Westbrook

CA Law Abolishing Felony Murder Gives Child Killer Re-sentencing Opportunity

by · Apr 9, 2021 11:26 am

A 2018 bill (SB 1437) signed into law by then-Governor Jerry Brown, made a change in the California Penal Code (PC 1170.95) which is providing Pearl Fernandez, convicted in 2018 of the torture murder of her 8-year-old son Gabriel, with an opportunity to have her sentence of life in prison overturned. According to this article from Fox 11, “In her petition, Fernandez declares changes made to Penal Codes 188/189 (which took effect in 2019) alter how malice is imputed on someone, that would possibly alter her murder conviction.” Fernandez’s hearing is scheduled for June 1st in Los Angeles Superior Court according to this article by Bradford Betz of Fox News. 

Pearl Fernandez plead guilty to first-degree murder and a special circumstance allegation of torture, as discussed by Betz.  Gabriel was determined to have been abused and neglected time and time again, Betz explained, “An autopsy revealed the boy had a fractured skull, multiple broken ribs and burns on his body.” Deputy District Attorney Jonathan Hatami stated in a Tweet, “Gabriel’s family now has to relive all the horror that was perpetrated upon a small and helpless child. It is plain wrong and completely unjust.”    Question:  Will District Attorney George Gascón allow his office to oppose this murderer’s petition? 

CA Legislature Seeks to Legalize Psychedelic Drugs

by · Apr 8, 2021 11:12 am

Senate Bill 519 reads as follows:

This bill would make lawful the possession for personal use, as described, and the social sharing, as defined, of psilocybin, psilocyn, dimethyltryptamine (DMT), ibogaine, mescaline, lysergic acid diethylamide (LSD), ketamine, and 3,4-methylenedioxymethamphetamine (MDMA), by and with persons 21 years of age or older. The bill would provide penalties for possession of these substance on school grounds, or possession by, or sharing with, persons under 21 years of age. The bill would also provide for the dismissal and sealing of pending and prior convictions for offenses that would be made lawful by the passage of this bill, as specified. The bill would require the Department of Justice to identify those records and provide them to local jurisdictions to initiate the required proceedings.

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Los Angeles District Attorney George Gascón Restricts Ability to Prosecute Dangerous Criminals

by · Apr 1, 2021 1:14 pm

In a Tweet yesterday LA County Sheriff Alex Villanueva stated, “While gang members are busy driving up LA County’s homicide rate, LA DA @GeorgeGascon is now dismantling the Hardcore Gang Unit that works in collaboration with local law enforcement”. An article in the Washington Examiner today by Jake Dima brings to light statements made like the one by Sheriff Villanueva and other prosecutors that oppose the so-called reform policies being enacted by LA County DA Gascón. 

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Gang Enhancements Not Used in MS-13 Violence

by · Mar 31, 2021 12:47 pm

Another transgender woman was attacked last week in MacArthur Park, making it the fourth attack by a member of MS-13. According to an article written by James Queally of the Los Angele Times, Gabriel Orellana has been arrested and charged, while his accomplice has not been identified. According to Deputy District Attorney Richard Ceballos Orellana and the other suspect, “…Yelled derogatory remarks before knocking the victim to the ground and striking her repeatedly in the head and torso.” Queally explained in the article this is another hate crime in a series of attacks against transgender women in the area by MS-13 gang members. 

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Murderer on Parole Arrested for Attacking Asian Woman

by · Mar 31, 2021 10:04 am

An Asian American woman 65 years old, was beaten in NYC on her way to church on Monday morning (3/29). The suspect, Brandon Elliot, a 38 year-old African American man, was arrested just after midnight.  In an article this morning by Stephanie Pagones of Fox News, “Police sources told Fox News on Wednesday that Elliot has two prior arrests. In 2000, he allegedly robbed his mother in the Bronx, where he stole jewelry and allegedly choked her, according to the New York Post. Just two years later, in April of 2002, he was arrested for murdering her.” 

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Repeat Offender: A Woman Found Dead After Burglary

by · Mar 30, 2021 3:18 pm

This article by Greg Norman of Fox News provides a prime example of why it is important to use incarceration to keep our communities safe. A 70-year-old woman, Patrice Ward, was found unresponsive in her townhome in Pasadena, California. Her husband was able to fight off the suspect and was transported to the hospital for his injuries. According to Norman, “Investigators say Ward suffered severe blunt force trauma to her head and that her home was found ransacked with numerous items missing — including two handguns”. The suspect to the murder and assault is Gilbert Viera, 35 years old. Viera is also the suspect in an additional home invasion in the same area. 

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Covid-19 and Economic Hardship are not Responsible for Spike in Murder Rates

by · Mar 25, 2021 1:17 pm

A blog post by Hans Bader of Liberty Unyielding presents a comparison between the United States and Latin America in response to the notion that the rise in homicide rates in 2020 is a result of the pandemic and citizens being desperate for means to support themselves. Bader notes, “In reality, murder rates fell in much of the world during the pandemic. People’s situation was far more desperate in Latin America, where the pandemic left many people without adequate food, yet murder did not increase in many Latin American nations.”  While in the United States homicides greatly increased in many major cities.

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CA Senate Rejects Bill Cracking Down on Fentanyl Dealers

by · Mar 24, 2021 11:38 am

Yesterday Senator Melissa Melendez presented Senate Bill 350 to the California Senate Public Safety Committee in hopes it would be met with support. However, that was not the case for the majority of democrats on the committee. As defined in the article written yesterday by Katy Grimes of the California Globe, “[This bill] would require a court to issue an advisory to individuals convicted of selling or distributing controlled substances, to serve as a warning that if their action result in another person’s death, they could be charged with murder.” The goal of this bill in California is to address the high rise in Fentanyl-related deaths by holding the drug dealers accountable to the same degree the People v. Watson holds a drunk driver responsible under ‘implied malice’ (see last week’s blog post for more detail). 

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Misconceptions About Mass Shootings in the U.S.

by · Mar 23, 2021 3:29 pm

The manner in which the media reports on mass shootings leads the viewers to believe these rare instances are much more common than they are. Additionally, there is a false narrative floating around that more strict gun control legislation and more rigorous screening processes at gun stores would solve the issue. An article published in The Trace today addresses this misreporting. 

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