12 year old I. Fowler was arraigned yesterday in Juvenile Court. The Defendant denied the charges brought against him. The defendant is being charged with second degree murder of his 8 year old sister.
http://www.isciencetimes.com/articles/5287/20130530/12-year-old-denies-charge-leila-fowler.htm
Probable cause…. car crash due to driver having sex while driving his vehicle intoxicated…
http://www.thesmokinggun.com/documents/drunk-car-sex-crash-785912
In the county of Collins in Texas, it is standard practice to put a morality clause in the final divorce proceedings between the parties.
A judge has ruled that a North Texas lesbian couple can’t live together because of a morality clause in one of the women’s divorce papers. A morality clause in the state of Texas is also triggered as soon as the divorce papers are filed and continues to remain in effect until the final judgment. What is a morality clause anyways? Here is a good example:
“Moral Environment: Both parents shall provide the children with a proper and moral environment. Neither parent will have an overnight guest of the opposite sex to whom that parent is not related by blood or marriage while the children are present. Neither parent shall consume excessive amounts of alcohol in the presence of the children, nor shall use of illegal drugs be allowed or tolerated in any way.”
Morality Clauses in California do not exist with regard to having overnight guests. When custody is in dispute, California does provide for provisions with regard to the presence of alcohol and/or illegal drugs. Now that does not mean that during a dissolution, especially involving children, that it is a good idea to have people coming and going from your bedroom at all times of the day. In fact, as a family law lawyer, I would strongly caution against this type of behavior as it can be damaging to your case. Not only could it potentially cast a shadow on your parental obligations and abilities, but if you are found to be cohabitating with an individual of the opposite sex in California there is presumption that your need for spousal support has decreased. (NOTE: the law has not been updated to reflect this situation involving same-sex couples).
Apparently in Texas, the clause is common in divorce cases. While in theory it prevents a divorced parent from having a romantic partner spend the night while children are in the home to protect the children, in reality it is a means for one spouse to control the other spouse’s daily activities. It should be noted that if the new couple marries, they can get out from under the legal provision of the morality clause, but this leaves same-sex couples stuck in the same position they seem to always be in. ESPECIALLY in Texas — marriage is not an option for gay couples in Texas, such marriages aren’t recognized.
For more on the story of the Judge who stated that the same-sex couple could no longer reside together read here:
Jury is hung over whether to sentence Jodi Arias to death. In Arizona if the jury in a sentencing hearing cannot decide on death unanimously then another panel must be sworn in and a second deliberation will begin.
That is the case in the Jodi Arias sentencing hearing yesterday and today. A second panel will be sworn in. If the second panel cannot reach an unanimous verdict for death then Arias will face lift in prison without the possibility of parol.
Jodi Arias is scheduled to appear in Court this morning for what will hopefully be the last appearance. Today should bring about an end to the sentencing phase of her trial, which is expected to result in a death penalty verdict.
Today is the day where the jury will be deciding whether or not Arias will be executed for the murder of Travis Alexander. The jury is the same jury that convicted Ms. Arias for the murder. Earlier last week, the jury decided the act was sufficiently cruel to warrant the death penalty, now they must decide if that penalty will be given to Arias.
Members of Alexander’s family testified last week about the impact his death has had on their family. Steven Alexander, Travis’ younger brother, told the jury about how he dreams about the slaying often and has developed ulcers requiring hospitalization since the incident, according to Reuters.
Mommy Monday
We are starting a new post on Mondays as a part of our blog series. As a parent and as family law attorneys we take laws considering children seriously. Make sure you are always up to date on the most recent legislation.
CAR SEAT LEGISLATION CALIFORNIA’S CURRENT LAWS
Children under the age of 8 must be secured in a car seat or booster seat in the back seat. Our suggestions is to ensure your child’s safety keep them in a car seat as long as possible, but follow the guidelines from the manufacturer on the seat that you buy.
Children under the age of 8 who are 4′ 9″ or taller may be secured by a safety belt in the back seat.
Children who are 8 years and over shall be properly secured in an appropriate child passenger restraint system or safety belt.
Passengers who are 16 years of age and over are subject to California’s Mandatory Seat Belt law.
Buckling up is the single most effective thing you can do to protect yourself in a crash. Also, seat belts are the best defense against impaired, aggressive, and distracted drivers.
If you ever need your car seat checked for safety, you can always stop by any CHP office to have them check it for you. To find your local office utilize this website: http://www.chp.ca.gov/depts_divs_offs/geodiv.html
A 12 year old appeared in Juvenile Court yesterday after being charged with Murder. The victim, his deceased eight (8) year old sister, Leila Fowler. At the hearing the defendant did not enter a plea, but was informed that he is facing second-degree murder charges with an enhancement of using a deadly weapon. He was asked several times by the judge if he understood the charges against him, to which he replied YES! The Defendant remains in the custody of the juvenile detention facility until further hearings.
Defense counsel left reporters without comment other than
they “have the same questions as everyone.”
BACKGROUND:
The case was first reported to 911 operators by the victim’s family. It was April 27, 2013 when the 12 year old Defendant told the police that he found his sister stabbed to death after he saw an intruder in their home. At the time of the intrusion there were no adults, the young boy and his sister had been left at home while their Father and Father’s girlfriend were out. The Defendant stated that he called his parents as soon as he found his sister, and in turn the parents (the Father’s girlfriend) called 911.
The 911 tape was released early this week in which you can hear the Father’s girlfriend stating: “My children are at home alone and a man just ran out of my house. My older son was in the bathroom and my daughter started screaming,” the panicked woman said in the 911 call released by the Calaveras County Sheriff’s Office. “When he came out, there was a man outside my house. I need an officer there.” (Although these comments make it appear as if she was there when the intrusion occurred, and she saw the man as well. Even further, was the daughter still alive when she was there?)
Police did not consider the 12 year old Defendant a suspect until about two weeks and thousands of hours after the initial report. However, neighbors feared all along that the brother played a role in the death.
The 12 year old even described the intruder to police as a tall man with a muscular build, fled the scene. The boy’s description launched a 15-day manhunt that included door-to-door searches and divers in a reservoir.
The next court appearance is scheduled for May 29, 2013. 
Sheriff Deputies beat Kern County Man to death. Eight sheriffs took their batons and beat the deceased (Silva)
Other witnesses stated that they also video taped the beating, but that the Sheriffs “confiscated” their cell phones. The Sheriff deputies essentially imprisoned these individuals in their homes until they obtained a search warrant. What were their grounds for taking the other witnesses cell phone? Preservation of evidence of course…sounds like a cover up.
The Fourth Amendment and the Deputies right to preserve evidence must be weighed in situations like this. An individuals right to be free from unreasonable searches and seizures cannot be swayed simply because something the “Police” did not want leaked to the general public was caught on film. In the year of 2013, where every individual has a camera on their cell phone, there is no reason for behavior like this to continue. Perhaps its the authorities who need to re-evaluate their tactics to conform with modern day society. Beating a man to death for no apparent reason is simply not acceptable, but then to cover it up by utilizing the legal system to “preserve evidence” is taking the situation to an entirely different level.
May 8th, 2013 BAKERSFIELD, CA — Kern County deputies beat an intoxicated man to death in the street Tuesday night, then detained and intimidated witnesses, confiscated video evidence, and arrested another man who spoke out. David Silva was beaten with batons, left in a pool of blood until an ambulance finally arrived after he was already dead.
A female 9-1-1 caller named Selena told the dispatcher, “There’s a man laying on the floor, and your police officers beat the (expletive) out of him and killed him.” She said that she witnessed the victim do nothing wrong to cause 8 officers to bludgeon him to death. “These cops had no reason to do this to this man.”
A 19-year-old male witness, Ruben Ceballos, was awakened around midnight by screams and loud banging noises outside his home. He said he ran to the left side of his house to find out who was causing the ruckus.”When I got outside I saw two officers beating a man with batons and they were hitting his head so every time they would swing, I could hear the blows to his head.” He said that Silva was on the ground screaming for help, but officers continued to beat him After several minutes, Silva stopped screaming and was no longer responsive, according to Ceballos.
Another witness, Jason Land, said that he witnessed the beating of David Silva. “They jumped out, reached for their bats, and beat that man until they killed him,” he said, “right in front of my face.” Land spoke up about what he saw and was arrested as retaliation. The witness was on probation and says police responded to his eyewitness report by claiming he was high on PCP and arrested him without any proof.
Witnesses also say that the victim’s body was left to bleed out in the street for a prolonged period without any medical attention, wasting crucial minutes before the ambulance arrived. By that point, it was too late and CPR attempts were futile.
Other witnesses, including Melissa Quair, were harassed and told that they must surrender their cell phones as “evidence.” Their houses were even searched as a crime scene in order to confiscate the video evidence.
Abortion Doctor Faces Death Penalty
Foul-smelling “house of horrors.” Imagine walking into a doctor’s office that was filled with bags and bottles of stored fetuses, including jars of severed feet, along with bloodstained furniture, dirty medical instruments, and cats roaming the premises. Sound like something out of a Halloween movie? Unfortunately it is not. This was the scene in the Pennsylvania Doctor’s office. It appears that Pennsylvania authorities had failed to conduct routine inspections of all of its abortion clinics for 15 years by the time Gosnell’s facility was raided and closed down. In the scandal’s aftermath, two top state health department officials were fired, and Pennsylvania imposed tougher rules for clinics.
Gosnell was known for performing late term abortions, (well past the 24 week limit in Pennsylvania) even to the extent of delivering a baby alive and then “snipping its spine.” While what this man did is clearly inhumane to these children my question is why are the Pennsylvania authorities who FAILED TO CONDUCT INSPECTIONS FOR ALMOST 15 YEARS not also on trial??? Should they not be held for accountability as well?
Gosnell was found guilty of murder earlier this week on a three counts. Four former clinic employees have pleaded guilty to murder and four more to other charges. They include Gosnell’s wife, Pearl, a cosmetologist who helped perform abortions.
“Prosecution experts said one was nearly 30 weeks along when it was aborted, and it was so big that Gosnell allegedly joked it could “walk to the bus.” A second fetus was said to be alive for some 20 minutes before a clinic worker snipped its neck. A third was born in a toilet and was moving before another clinic employee grabbed it and severed its spinal cord, according to testimony.
Baby E let out a soft whimper before Gosnell cut its neck, prosecutors alleged. Gosnell was acquitted in that baby’s death, the only one of the four in which no eyewitness account was given during the trial.”
C. BRADFORD LAW FIRM 