Framed for murder at 14 Ricardo Juarez still has hope in the Court of Appeals! I have more questions with the handling of the Corey Lyons Murder Trial.

I am not sure if anyone actually realizes that we are currently in uncharted waters. Never before has corruption from the Criminal and Civil courts in Santa Barbara been so exposed as they are right now; from every Judge’s unethical act and illegal ruling to the sloppy handling of forensic evidence. I have asked a mother of a recently sentenced youth to share in her own words with us just what her son and family have been put through in our heavy handed criminal system. Her son had a 100 Santa Barbara citizens take action on his behalf before his Judge, only to fall on deaf ears. No longer can uneven unethical distribution of the law be allowed.

To prove my point just look at the actions an Appellate Attorney has taken on behalf of than 14 year old Ricardo Juarez. As I have stated from the beginning this young man was framed for murder and even my uneducated self has been able to prove that fact. I have had a difficult week so my latest Lyons posting is only half way done. Let me ask you all a question. Why do you think in the last month links to my blog has grown another 25%? I was really proud when I last reported to you all that there were 4100 links to my blog, just think how proud I feel right now. I don't mean to be a tease but I just realized I had missed a big area of concern with how criminalist Ullemeyer performed his duties in the Lyons case. What I am wondering is why his actions have not been called into question by his boss Police Chief Cam Sanchez. Truth be told I am not sure Mr. Sanchez knows what real police work is, but then again he had his way with me five years ago. 


Well I hope I receive that letter from a friend about her son soon because we are now able to make a greater impact than ever before. And, by the way, even though I felt sick all week, my pages viewed per day has been growing week by week, inquiring minds want to know what I am willing to share. Larry "Magic" Mendoza the Criminal Court Whisperer - do you think should I change my nickname?

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Below is the automatic email I receive from the Court of Appeals for the Ricardo Juarez case. To start this email i pasted just the last few actions taken on his behalf. The link below will show the full docket of actions take for Mr. Juarez

 http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=2&doc_id=1387709

04/12/2011	Received letter from:	(letter brief) by attorney D. Pritz for aplt Juarez **Need original**
04/12/2011	Voice Mail message for:	atty. Pritz for aplt; requesting original no fax copies
04/13/2011	Letter brief filed.	Defendant and Appellant: Juarez, Ricardo Attorney: Danalynn Pritz   **Citing new authority** People v. Cortes (2011) 192 Cal.App.4th 873 [121 Cal.Rptr.3d 605] decided after arb filed (filed by permission- no original)
04/14/2011	Cause argued - submission deferred. (See note field.)	1:30 pm appellant shall serve & file a supplemental letter brief on the issue of guilt or actuality within 15 days; respondent shall serve & file a supplemental letter brief in reply 15 days thereafter. SUBMISSION DEFERRED 30 DAYS
04/29/2011	Letter brief filed.	Defendant and Appellant: Juarez, Ricardo Attorney: Danalynn Pritz   SUPPLEMENTAL - by appellant

Your handling of the Corey Lyons trial is not the problem. The problem is how you handle everything.

Some times an Idea is best not shared but I hope that is not the case with my last posting? I moved the ending to the beginning in an effort to dramatize just how accurate my closing point was. It is almost comical to me that those in public office whose actions I report on are offended by my efforts. There are literally so many areas of concern where I have achieved creating a new awareness that they seem to now be stacking up faster than I can keep up. I seem to be under more pressure these days than before and I am not quite sure why that is? Let me make this next point very clear; I have done next to nothing with any of my findings as far as going to the next level. I have never taken my concerns about the beating I was given to any out of area agencies. In fact two of the last three weeks that I have been invited to appear on T.V. I have chosen to decline. I have yet to appear or speak at any County Board of Supervisor or City council meeting. So to those that oppose my actions I suggest you get a grip with reality, because I have only just begun to scratch the surface. What little that has been accomplished by me has also been done with minimal effort, and that just may be the scariest part?

 For example I am still waiting for the California State Controllers Office to contact me with cost and time frame in regards to receiving the full 29 years of California Public Pension audits. The SBCERS pension issue will be reviewed with a greater effort by me than we have seen to date. Those in Public offices you will not be given the 20 years of alternative endings that you seek, we just cannot afford to give you them. My request for the audits was previously screened and approved by the State Controllers legal department. So I feel it is just a matter of time before I can begin to unravel what every County in California is afraid of.

 Sometimes I really have a hard time understanding what my inner circles of supporters require from me? I say this because most of the actions they insist I take may not be in my best interest. From a social stand point with friends and family my confidant’s requests are almost the exact opposite of what they feel I should be taking. That is not to say I disagree with them but the physical results I seek just seem slow in coming. Than again it could be that I have to increase my efforts to take better advantage of the avenues they have kept open for me. Avenues that in the past most were never allowed to venture down.

 I think my last posting was a soft approach to what comes next. Because I still have a few pages of notes, facts and feed back that must be presented to the public in regards to the Corey Lyons murder trial. My next posting may be a source of embarrassment for some of Santa Barbara’s law enforcement but it in no way reflects law enforcement as whole. Maybe I am apologizing for my work in advance, not because my work is bad but because there is no getting around the fact that it paints a bleak picture. So I ask that you keep an open mind and really take a moment to consider if change is really needed in this community.

Larry Mendoza

Here is some of Tom Parkers work, Mr. Parker a former F.B.I. agent has become quite involved in Santa Barbara

Ever hear of a movie called Casino?

FBI Affidavits Link Agosto, KC Mob

Tom Flagg

Wednesday, May 23, 1979 | 6 a.m.

FBI affidavits released Tuesday by U.S. District Court Judge Harry Claiborne alleged proof of hidden ownership, fraud in the sale of securities, racketeering, distribution of funds gained by illegal activity and conspiracy on the part of Tropicana Hotel and Casino showroom producer Joseph Agosto and top figures in Kansas City organized crime.
The more than 300 pages comprising two affidavits by FBI Special Agent Thomas R. Parker in Las Vegas supported five search warrants executed on Agosto's home and office last Feb. 15 seeking evidence of hidden ownership in the Strip resort.
The affidavits linked Agosto to Kansas City mob figures and claimed to prove that Agosto is in "day-to-day management of the Tropicana Hotel and Casino, even though he publicly denies same."
Parker wrote in the affidavits that wiretap surveillance and physical evidence indicate Agosto is involved in negotiations to acquire control of the Argent Corp. for a Kansas City organized crime family.
The affidavits also claimed to prove that Agosto and Deil Gustafson, who owns Consolidated Financial Corp., which in turn owns Tropicana Holding Co., have "devised and implemented a scheme to artificially and illegally inflate the market price of publicly-traded stock of the Eldorado International Inc. at a time when that corporation and the Tropicana were in the process of merging.
A significant portion of the management of the Tropicana was done by Agosto from his home at 4550 S. Pecos Road, the affidavits said. Wire taps on Agosto's home telephone provided some of the evidence presented in the affidavits, the documents explained.
Among those named in the affidavits as individuals whose activities were monitored by wiretaps were Nick Civella, identified as the number one man in the Kansas City mob; Carl DeLune, pegged as second in command of Kansas City organized crime; Carl Civella, brother of Nick and a ranking crime figure in Kansas City; Frank Rosenthal, former entertainment director of Argent's Stardust Hotel; Ed and Fred Doumani, who are in the midst of negotiating a lease with option to buy of Argent's Las Vegas properties, the Stardust and Fremont hotel-casinos; Mitzi Briggs, major stockholder in the Tropicana Holding Co.; Gustafson, a Minneapolis banker and businessman; and several Tropicana employees.
Kansas City organized crime bosses were also named in the affidavits used to support search warrants executed in Kansas City at the same time as the Las Vegas raid.
Claiborne had sealed the affidavits after the raid by more than a dozen FBI and state gaming agents, but ordered the documents unsealed Monday on a motion by Joseph V. Agosto Production and Leasing Inc.
No sooner had the judge ordered the affidavits opened than Geoffrey Anderson of the Justice Department's Organized Crime Strike Force filed a motion asking the unsealing order to be stayed, citing jeopardy to the continuing investigation if the documents were open.
Claiborne denied the motion early Tuesday morning while the affidavits were being copied, then ordered a 24-hour stay, giving the strike force attorneys until noon Wednesday to appeal the matter to the 9th Circuit Court of Appeals at San Francisco, Calif. before opening the affidavits.
Several reporters, however, already had the affidavits in their possession, and at least one defense attorney had obtained a copy.
The reporters were allowed to continue reading the documents, but the judge ordered they be returned and not further distributed.
Parker said the Las Vegas strike force office would send an attorney to San Francisco Tuesday night to appeal the matter to the 9th Circuit Court of Appeals Wednesday morning, within Claiborne's 24-hours stay.
Agosto was unavailable for comment Tuesday afternoon.

Breaking news in the second Corey Lyons Murder trial and the media is not covering it.

 Inclosing I am hoping for some feedback to a reoccurring problem I face and I am just not sure what to do about it. What tends to happen is I will be working on a subject for a posting and right in the middle of my efforts another questionable act pops up that I have written about before. Than before I can deal with my first and second issue I find another and another and another issue all equally important. Here let me give you an example of what I mean.

We all know I was arrested and charged in court with a felony for what was only dispatched as a disturbing the piece call. The prosecutor that filed those charges against me was Vicki Johnson. The very same prosecutor involved in the current Corey Lyons case. Now give me a minute here to make my point. We all know I have written about many concerns with the SBCERS pension fund and the Golden Parachute retirement offer that many senior prosecutors took advantage of almost two years ago. One of the aspects of that deal was the senior prosecuting position could not be refilled for x amount of time. Well I hate to bring this up right now but Vicki Johnson was one of those prosecutors who took the two year service credit and retired. We all know how expensive this SBCERS pension fund has become. I noticed over a year ago Vicki Johnson was back working at the District Attorneys office I just chose to leave it alone.

Do you see my dilemma? Before I can finish writing about just two days events in court the Pension crisis jumps up at me. An before I can deal with that an ethics issue and abuse of public trust jumps up again from the Santa Barbara District Attorneys office and there employees. I hate to be the guy who has to tell you all again but we must hold people accountable for there actions regardless of where they are employed. Is it really my fault that I expect to hold law enforcement to that high performance standard that I see out at U.C.S.B. every day?  

 

 

Yesterday I shared with you all that no matter what my personal experiences had been with law enforcement (me having been recently released from jail). I was immediately willing to do what ever was required so that an arrest I had just witnessed could not be tainted. I also felt I had to act because I those officers had been outstanding while performing there duty. Not to pat me on the back but I really thought I had done a special thing with that posting.

Of course I was wrong because after chatting with a friend about the story he asked me if I really caught what was important about the events I had shared were? I was a little defensive and than he explained what he was talking about. He pointed out that the officer’s job performance expectations are so high and no one was hurt and the arrest stood. A police officer was still released because he had failed to achieve the standard which is demanded of his position!

Fired because the standard of performance required with being in law enforcement demands a higher level than you or I will ever know. All the officer did was hesitate 60 to 90 seconds, an uneventful 90 seconds at that. Here I was thinking my part of the story was proven something but nothing could be further from the truth. I had done nothing special and what they do is just part of the job. Think about that for a second, a routine stop and the officer as well as the public never knew automatic weapons and knifes would later be discovered.

I write as I do for several reasons but I do so with a heavy heart. I do not enjoy being the person who is constantly questioning court events in a manner that at times taints that which most would think of as polished. Believe me I still have a hard time with some of my findings but based on my own personnel experiences with our courts here I know that abuse is not only possible but more probable than not.

The negative criticism my work receives is based on fear from those who’s actions I report on and not based on the quality of my work. To be honest it is the complete lack of professionalism shown by those who are attempting to circumvent the law that creates the acts of which I report on. There arrogance is such that they have no fear and will record there own illegal actions. These actions can include falsifying evidence, court room documents and testimonies. If those actions are in fact challenged at a later date they simply alter the court transcripts to suit there needs.

Now my friend had one other thing to share with me. He said that some people in Santa Barbara law enforcement think I need to understand I cannot just go around writing what ever I want. Now he really had my attention and we exchanged some things back and forth. I have been shot at, beaten up and jailed blah blah blah and I am still being told what I can and cannot do? Let me be clear here if you do not like my work fine. If I am inaccurate I hope you are willing to show me my errors so I can better understand. If you can do like my friend did and show me that I missed something I am here to listen. But if you do not enjoy my efforts turn the page because I am not the problem. It is not my fault that I can cut and paste two media story’s side by side and expose corruption. It is not my fault that others seek me out because they wish to share what they have endured like me.

Are you kidding me I am being told how I should act after 5 years of abuse? Maybe we could get an injunction against free thought? Maybe a local media outlet will hire me to actually do some real reporting  in Santa Barbara. I am willing to make a deal with anyone in law enforcement who feels I need to stop. I promise to never share another one of my simple observations about corruption. Right after that officer comes by and picks up my Ambulance and Hospital invoices. Completes an investigation into who assaulted me and obtains a conviction. Until than kiss my ass because I have already been bullied, beaten and had everything taken away.

 The other day in my posting I made an observation about local law enforcement; “They administer there version of justice with no fear of recourse to the usual law enforcement or legal processes.” Do you know where that statement came from? I had looked up the definition; “to take the law into your own hands’ and than used my results to describe the corruption we face here in Santa Barbara. Truth be told I am not the one who is embarrassed by your work you are. You hide simple common public information so we can remain uninformed. Take the second trial of Corey Lyons accused of two murders for example. The re- trial started back on February 28th 2011 and just look at the lack of coverage below by the Santa Barbara Independent since the retrial started.

http://www.independent.com/news/lyons/

APRIL//21/2011Lyons Murder Trial Continues The double murder retrial of Corey Lyons—accused of shooting and killing his brother and brother’s life partner—continues to trudge along in Judge Brian Hill’s courtroom

MARCH/14/2011Neighbors, Friends Testify in Mesa Murder Trial  Defense Tries to Paint Victims as Greedy People with Enemies

Story Updated: Feb 28, 2011 at 8:44 AM PDT  Opening statements are scheduled today in the re-trial of Corey Lyons. APRIL/21/2011 Lyons Murder Trial Continues The double murder retrial of Corey Lyons—accused of shooting and killing his brother and brother’s life partner—continues to trudge along in Judge Brian Hill’s courtroom. Read story.

MARCH//9/2011

Second Lyons Trial Focusing on Lawsuit Testimony in the second murder trial of Corey Lyons—accused of shooting his brother Daniel and his brother’s partner, Barbara Scharton—has largely focused on a lawsuit between the two brothers regarding the construction of Daniel's home

3 whole stories’ is all they have produced in almost 2 whole months of trial. The T.V. media coverage has been nonexistent. The sad truth is I am able to produce a better product that does not expose you to some kind of hidden agenda as the others do. Can we be honest here a moment and look at how the Santa Barbara news press markets there coverage of the Lyons case. Some call me a fool but if I was covering a double murder with all the intrigue of the Lyons case. I would not bury it on A3 of the front section. It would be top fold high exposure large font as it would be in probably any other market but ours.

Now since I cannot find any real coverage of the Lyons case. An me being the concerned citizen that I am I decided I would like to attend a few days of the Lyons court room. So I went to the County court web site to check for when the case was due back in court, nothing came up but his perjury trial.

http://www.sbcourts.org/pubcal/CRIMcal.php

04/28/2011 - 8:30 am	1332725	Corey John Lyons	Preliminary Hearing Setting	Brian E Hill	SB2

After that I went to the other county court web site and my search result was “None Scheduled”.

Now I was really confused why my search results would come up with nothing especially since what had transpired last Wednesday and Friday with the case. The Santa Barbara news press was reporting this past week that Corey Lyons sister Coleen Zitelli, had not been truthful in her previous testimonies at the preliminary hearing and first trial. Now since there has been virtually no coverage about just how that will effect the trial I will hold my thoughts until tomorrow.

Inclosing I am opps I enjoyed my closing so much I made it my introduction!

So how does Larry "Magic" Mendoza really feel about Santa Barbara Law Enforcement?

   Before I get going tonight I want to share some history about me and my interaction with law enforcement these past 5 years.

Yes it is true I was at one time (falsely) facing 7 strike-able felony charges in our Santa Barbara criminal court system, but that is not what I want to talk about. No tonight I want to share with you an arrest I witnessed while at work (Ellwood 7-11) not long after I was released from jail.

To make a long story short there was a D.U.I. arrest that occurred right before my eyes and the officers involved were required to use force. As it turns out this person who was arrested had in his possession an automatic rifle with tons of ammunition as well several swords and survival knifes. He appeared EXTREMELY intoxicated to me and several customers in the store and we let him know that. The first officer to approach the suspect had waited several minutes and even allowed him to enter my store. The U.C.S.B. officers as well as a representative of the Sheriff department were extremely professional and extended every courtesy I could think of to the suspect. After all was said and done the suspect tried to resist the officers with force and was subdued by them.

After I saw what I did from inside my store I went out and offered to be a witness for the officers saying exactly what I have just shared with you; That they had done an outstanding job and in no way should there tactics be questioned by anyone. Even after my having just been released from jail where I had sat for almost 3 months with no grounds for there detaining me. I love our legal system and feel I have many friends among law enforcement!

The next night I was visited by a Sargent from the U.C.S.B police department and he asked me share with him the incident from start to finish. I did so but I must admit I did try to down play the length of time it took the first officer to take action. I felt that after seeing all the weapons this situation had been a little more dangerous than it had to be. The Sargent sensed my efforts and asked to be honest and that he had already decided the initial officer put everyone in danger and he was to be released from the U.C.S.B. force. I have shared this story with you all to make two points;

1-       I have nothing but the highest regard for our legal system and for those that wear a badge. An that I am willing to defend there actions when ever I can.

2-       Bad law enforcement just like my example is not only dangerous to the public but is just as or more dangerous for those that wear a badge! You see even law enforcement realizes the importance of there own actions and are willing to police themselves.

I guess this is my attempt to say I feel bad about how hard I have come across these past few postings. But those of you that know me in law enforcement know you can always count on a genuine greeting and a fresh cup of coffee any time I am on duty. I have always felt it is the least I can do to show my appreciation for the job that you do. Having said that, I will hold off my next posting about the Lyons trial until tomorrow. People I have candy coated most of my findings and real concerns up till now. Tomorrow I feel I must share what I have else I have learned.

Links to your site @ www.santabarbaracriminalcourtcorruption.blogspot.com

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I am not sure what to say about about 4,ooo links  to my blog but I’ll take it!

A mother of a defendant who is about to face his sentencing in our criminal court will be sharing her thoughts with us all soon. I am hoping that they experiences of her son and there family may shed a new perspective that many of you have never experienced before.
I am also sending an open invitation to current defendant  Denise D'Sant Angelo in our Superior court to share her thoughts on a daily basis as her trial progress's!

Dealing with the Corey Lyons production, the Framing of 14 year old Ricardo Juarez and how the Santa Barbara B.O.S. deals with the SBCERS deficit!

I was wondering today if were you all as impressed with the newer looking California Dept of Justice Forensic laboratory as I was after you saw the pictures in yesterdays posting? 

On the corner of Hollister Ave and David Love Place Goleta

Than I have to ask why both the prosecuting attorney Gordon Auchincloss and defense attorney Robert Sanger seem to down play the role of the criminalist who occupy that building in regards to the Corey Lyons murder trial?  Oh It has been brought to my attention that I need to use the word “criminalist and not “criminologist in my postings. A criminalist as it turns out examines the crime scene evidence; and a criminologist would be a person who studies criminal behavior. You see since I do not work for the media here in Santa Barbara I can take responsibility for my actions in every posting I produce and correct my self when ever need be. Oh there I go again making light of the media situation here in Santa Barbara where Journalistic Integrity has come to die.

I wonder do I finally have your attention to the criminal activity we have here in Santa Barbara by those people sworn to protect us from it? Believe me law enforcement is well represented with people like Santa Barbara Police Chief Cam Sanchez or Dept of Justice Criminalist Barbara Burns to Superior Court bench Judge Brian Hill. What really upsets me is the fact that the public even though we no better are allowing these persons in power to literally get away with MURDER! We have been allowing Superior Court Judges and Attorneys to play along with Criminalist and Prosecutors in handing out there kind of justice in any fashion they see fit. They administer there version of justice with no fear of recourse to the usual law enforcement or legal processes. You see since they all represent that area of the criminal system as well.

 The end product is a well rehearsed court production as if Hollywood had produced it themselves. The orchestrated farce is complete with high notes and dramatizations that would hold it’s own against any Hollywood crime drama currently on T.V. None of this really comes at a surprise to me not when you consider the actions of our Santa Barbara County Board of Supervisors. The current board has for over 18 months now has considered alterative actions to help the Santa Barbara County deal with the unfunded future liabilities with the SBCERS pension fund. In fact it was in October of 2009 that a staff meeting was held and 4 possible twenty year alternatives in dealing with the half Billion dollar deficit was presented. So than I ask you this; just when does that Santa Barbara County Board of Supervisors plan on telling the county residents which plan they chose? Because to date the Board of Supervisors seems content with rolling out a year to year plan while privately having had to chose a 20 year course of action, and they think I am crazy.

Let’s put this in another way; today the Judge declared the Misses and I legally divorced and he will free up our assets year to year for the next 20 years. Yeah that’s what I thought know one is buying that garbage either.

I have never shied away from the fact that Ricardo Juarez was framed for murder by the Santa Barbara Criminal system. What I have not shared is the fact that it was my friends in Law Enforcement who insisted that I go public with that fact. The court room trials are nothing more that fictional writing directed by the Santa Barbara District attorney’s office sharing production credits with the California Superior Courts.

I feel the framing of Ricardo Juarez warrants a second look at my findings that Barbara Burns criminalist helped frame a 14 year old boy for Murder. An defense attorney Karen Adkins, Superior Court Judge Brian Hill or anyone from the Santa Barbara District Attorneys office did anything to stop it.

Larry “Magic” Mendoza

www.santabarbaracriminlcourtcorruption.blogspot.com

Below is media story’s dealing with the Ricardo Juarez trial including the location from which I pulled my copies.

This media report was from the murder trial I challenged this report and Burns testimony from the beginning;
http://www.independent.com/news/2008/aug/27/forensics-expert-testifies-juarez-case/
"Immediately following Anthony’s testimony, Tuesday’s next expert witness was criminologist Diane Burns, who inspected all of the submitted evidence for biological materials - most specifically, blood.

Burns described how she processed the evidence, carefully examining it visually and then with the aid of several different microscope instruments. Having detected stains that looked like potential blood samples, Burns explained that she used a test that determined the presence of hemoglobin, a component of blood, and if the test had positive results, she collected samples to send to the DNA lab. Of all of the evidence, two pairs and one single glove tested positive for blood, along with a white pair of tennis shoes belonging to the defendant, and other articles of clothing collected from the suspects. While Burns could not determine whose DNA was on which objects, the court will most likely have another scientist from the DNA lab testify on this matter in the future to elucidate the unanswered questions."

This media report was from one of the preliminary hearings and makes one of these two testimony's falsified.
http://www.independent.com/news/2008/sep/12/final-witness-cross-examined-thursday-juarez-murde/  Of particular note was “item #22,” a knife with a seven-inch blade that investigators found in a trash can near the scene of the crime. The weapon was introduced during testimony from Dianne Burns, a forensics scientist who claimed she positively identified DNA found on the handle as belonging to Juarez.

So did the California Department of Justice criminologist commit perjury based on her two contradicting statements you just read?


http://www.independent.com/news/2008/sep/15/defense-begins-calling-witnesses-juarez-trial/#c8459 2007, she said Romero used a blue bandana to wipe the blood off of his hands, and then said something along the lines of “Don’t worry, I don’t think it’s my blood.” According to testimony in the trial last week, both Romero’s and Linares’s DNA were found on the gloves-which were confiscated from the witness from a dresser drawer in her Eastside home by police a few days after the stabbing incident.( so how did the gloves make it home)( Stomper also testified he found the knife(murder weapon) on the ground than picked it up and threw it in the trash can where it was later found)
  
http://www.independent.com/news/2008/sep/25/stomper-testimony-recreated-juarez-trial/ The several-hours-long reenactment contradicted both accounts given recently by witnesses - sometimes even seemed to contradict itself - about Stomper’s actions right after the State Street fight, including information about a knife found with Stomper’s DNA on it, which he said he had picked up near the scene of the crime and thrown into a trash can.( So why did D.O.J. criminologist Barbara Burns not testify to that fact earlier?)


 I did not switch between murder case's because I am satisfied with my coverage of the Lyons case. In fact there is so much that still bothers me. However what bothers me more is that complete lack of professionalism in most any case here in our Santa Barbara criminal court system. An it is because of my exploration of events or circumstances that my following has grown to the heights that it has. I will admit to this in closing. That because of my time away from the Juarez case I was able to IDENTIFY new concerns with D.O.J. criminologist  Barbara Burns testimonies between 2 preliminary hearings and 1 trial.


We cannot move forward until we hold those to answer for there past criminal behavior even if they wear a Badge.

Reviewing forensic evidence from Corey Lyons murder trial than comparing past actions in the Ricardo Juarez Trial.

 So today while I was out running errands by chance I happen to come across the local California Department of Justice  Forensic laboratory.Imagine my surprise when I saw this beautiful newer building on the corner of Hollister Avenue and David Love Place.So I pulled over and took a couple of pictures to share with all of you.  Are you as amazed as I was as to how modern this building looks.

Forensic Testimony in the first Corey Lyons double murder trial below

“Sanger brought up the fact that Santa Barbara Police Department’s crime lab is essentially a windowless, 20-foot by 25-foot closet, and that members of California’s Department of Justice (DOJ) crime lab — located in Goleta — are oftentimes called in to assist with scene investigation. In this case, three members of the DOJ worked the Mesa home alongside Ullemeyer.”(I feel some what mislead by both our Santa Barbara District Attorneys office and defense Attorney Robert Sanger. I mean based on the above testimony you would think all of the forensics in Santa Barbara was how do I say this"in the dark". Also what role the 3 criminologist from the D.O.j. played that first day with the investigation is never covered by the defense or prosecutor, pretty suspicious if you ask me)

The media than goes on to report

“The next witness called to the stand was Laurie Kaminski, the forensic scientist who carried out the gunshot residue analysis of samples taken from Corey and his belongings shortly after his arrest. Kaminski, an employee of Forensic Analytical Sciences Inc.,”( which makes me ask with all the local forensic capabilities why did our Santa Barbara District Attorneys office feel the need to go outside the area to a private lab? I would feel the Department of Justice stamp on forensics evidence would lend itself to superior credibility with the jury, wouldn't you? I also have to question did the prosecutor test any one or any thing for Gun Shot Residue for 22 or 38 caliber handgun? I can understand the defense not wanting to incriminate his client if he was to have tested positive. I can only guess here but if they did in fact test Mr. Lyons and it was negative than you would be forced to look into more than one gunman.)

Well based on all the comments I received after my last posting I am not alone in questioning the events and trial of Corey Lyons. The testimony of Santa Barbara criminologist Mike Ullemeyer work could be labeled juvenile at best. His efforts to reconstruct the events of that night by patching pictures of the scene together reflects an attempt to confuse the jury and camouflage what actually transpired on the morning of the murders. Even with me taking into account the poor media coverage I do not feel Mr. Ullemeyer has properly addressed any issue including the actual location where the 4 shotgun blast came from on the second floor.

This is by no means the first time I have questioned the forensic work in a Santa Barbara murder trial. Before we can go forward we must be sure to look behind us because history says there are grave concerns from the past that have never been properly addressed. I am of course speaking of The framing of a 14 year old boy named Ricardo Juarez for murder. No I am not going to address the whole trial but I do have 4 media reports to review here and now.

This media report was from the murder trial I challenged this report and Burns testimony from the beginning;
http://www.independent.com/news/2008/aug/27/forensics-expert-testifies-juarez-case/
"Immediately following Anthony’s testimony, Tuesday’s next expert witness was criminologist Diane Burns, who inspected all of the submitted evidence for biological materials - most specifically, blood.

Burns described how she processed the evidence, carefully examining it visually and then with the aid of several different microscope instruments. Having detected stains that looked like potential blood samples, Burns explained that she used a test that determined the presence of hemoglobin, a component of blood, and if the test had positive results, she collected samples to send to the DNA lab. Of all of the evidence, two pairs and one single glove tested positive for blood, along with a white pair of tennis shoes belonging to the defendant, and other articles of clothing collected from the suspects. While Burns could not determine whose DNA was on which objects, the court will most likely have another scientist from the DNA lab testify on this matter in the future to elucidate the unanswered questions."

This media report was from one of the preliminary hearings and makes one of these two testimony's falsified.
http://www.independent.com/news/2008/sep/12/final-witness-cross-examined-thursday-juarez-murde/  Of particular note was “item #22,” a knife with a seven-inch blade that investigators found in a trash can near the scene of the crime. The weapon was introduced during testimony from Dianne Burns, a forensics scientist who claimed she positively identified DNA found on the handle as belonging to Juarez.

So did the California Department of Justice criminologist commit perjury based on her two contradicting statements you just read?


http://www.independent.com/news/2008/sep/15/defense-begins-calling-witnesses-juarez-trial/#c8459 2007, she said Romero used a blue bandana to wipe the blood off of his hands, and then said something along the lines of “Don’t worry, I don’t think it’s my blood.” According to testimony in the trial last week, both Romero’s and Linares’s DNA were found on the gloves-which were confiscated from the witness from a dresser drawer in her Eastside home by police a few days after the stabbing incident.( so how did the gloves make it home)( Stomper also testified he found the knife(murder weapon) on the ground than picked it up and threw it in the trash can where it was later found)
  
http://www.independent.com/news/2008/sep/25/stomper-testimony-recreated-juarez-trial/ The several-hours-long reenactment contradicted both accounts given recently by witnesses - sometimes even seemed to contradict itself - about Stomper’s actions right after the State Street fight, including information about a knife found with Stomper’s DNA on it, which he said he had picked up near the scene of the crime and thrown into a trash can.( So why did D.O.J. criminologist Barbara Burns not testify to that fact earlier?)


 I did not switch between murder case's because I am satisfied with my coverage of the Lyons case. In fact there is so much that still bothers me. However what bothers me more is that complete lack of professionalism in most any case here in our Santa Barbara criminal court system. An it is because of my exploration of events or circumstances that my following has grown to the heights that it has. I will admit to this in closing. That because of my time away from the Juarez case I was able to IDENTIFY new concerns with D.O.J. criminologist  Barbara Burns testimonies between 2 preliminary hearings and 1 trial.


We cannot move forward until we hold those to answer for there past criminal behavior even if they where a Badge.It seems we have an court that is orchestrated in advance rather than played out live, and I have made that statement for years now. Our court system seems to never raise the bar above the expectations of there counter part or the presiding Judge and it has become evident to more than just me. 

The Corey Lyons Double Murder Trial and what is wrong with Forensic expert Mike Ullemeyer's testimony

Well it has been a very long week for me so I am just getting started on my next posting subject “The Corey Lyons murder trial”. In my earlier work I really only dealt with a single discovery or event such as; HOW COULD THERE BE A PROPERTY TRANSFER ON THE VERY DATE THE OWNERS WERE MURDERED AT 1:30AM?  I am of course talking about the property located at 621 AURORA AVE   SANTA BARBARA, CA 93109   From the Santa Barbara County Assessors web page I was able to find a Transfer did occur on 05/04/2009 Parcel Number: 035-121-006. I will admit to being confused here since some type of probate or a reading of a will might be required before a transfer could even occur. As fast as an illegal act can happen here in Santa Barbara are you telling me law enforcement had concluded there murder investigation and allowed the transfer that afternoon?    http://www.sbcvote.com/assessor/details.aspx?apn=035121006

 An as I have mentioned before the feedback and data from my blog shows me that the interest is huge and still growing with the Lyons criminal case so lets get my review started. What makes this posting even more intriguing is that we have case that has already had the first attempt declared a mistrial. I mention this because based on the actions by both the prosecutor and defense one might be able to tell whose strategy was actually paying off during the first trial. The lack of media coverage in the second trial I feel is in part to save face for our District Attorneys office who I now predict just might lose this case. So all I am attempting to do here is to read what has been reported and share with you what though or reaction is created by my doing that.

While reading a few media stories from the first trial I was confused as to why some accounts had the first 911 call coming in at 1:20am and others at 1:30am until I found a Noozhawk story that cleared this up for me. You see there were three 911 calls that morning with the first coming at 1:20 and the last being at 1:32am what is so difficult about reporting that Santa Barbara Independent or Daily Sound?

Next I read that “Sgt. Marylinda Arroyo took the stand next and described her experience as the first officer to arrive at the scene of the shooting. En route to a rally point with other officers at Dolores Drive and Meigs Road, she passed Ricardo Avenue, which leads from Meigs Road to Aurora Avenue. A large white truck parked facing Meigs Road caught her attention as she passed the roadway. Its headlights were illuminated, but she couldn’t see anyone inside. After slowing, she continued to the meeting point before investigating the area where shots had been reported. When she walked down Ricardo Avenue half an hour later to move her squad car, the truck was gone.”
So I went to Google map and looked at the streets and how they laid out. It turns out Meigs and Aurora Ave. run parallel to each other. Now Aurora Ave is only one block long with Roberto Ave intersecting at the north end and Ricardo Ave at the south end.

So I guess my question here is why did the Santa Barbara police have only 1 rally point clearly leaving an unguarded exit available to the murderer via Roberto Ave & Meigs?
Next I turned to this media story and will bracket my concerns as they appear in the story.

Lyons Case Turns to Forensics

Crime Scene Investigator Talks Bullet Trajectory and Blood Spatter

Saturday, November 20, 2010
In total, testified Ullemeyer, it appeared five .38 rounds and four shotgun rounds were fired in the upstairs bedroom. He spoke to the jury about a composite image he had created of the crime scene — explaining he stitched together multiple photos taken from the same vantage point since he didn’t have a wide enough lens to capture to the entire room in one shot. (Ullemeyer later admitted not enough shots were taken to get a perfect sense of bullet direction, but said they were sufficient to convey the gist.) So right off the bat we have the key Forensic expert admitting to his unprofessional and incompetent work
 Ullemeyer also testified he believes the shots were fired exclusively from the near right corner of the room, near the doorway. Sanger would contest this theory later in the hearing during his cross-examination.( next our Forensic expert contradicts his later testimony when he says  “While Ullemeyer said he couldn’t say for sure at what angle bullets entered the victims' bodies — explaining it was impossible to know their exact positions when they were hit — he did allow for multiple interpretations of the scene”.) So than based on that statement are we to assume his statement could also mean that the location in the room the shots originated from could also have multiple interpretations?   

This next part is unacceptable by a Forensic expert and seems to go against Mr. Ullemeyer’s own standards.  "Physical evidence cannot be intimidated.  It does not forget.  It sets there and waits to be detected, preserved, evaluated and explained."
Herbert Leon MacDonnell "The Evidence Never Lies" This can be found on the home page of Ullemeyer Group, LLC Services Forensic Services & Training Resource @ http://ullemeyer.com/services.html Read his testimony below and ask yourself if Mr. Ullemeyer has forgotten to practice is own teachings?

“Ullemeyer then shifted to describing to the jury how and why he processed the home’s downstairs back door for fingerprints. All of the other doors and windows were locked from the inside, he explained, meaning the downstairs patio door was most likely the entrance used by the suspect or suspects. There was no indication fingerprints would have been found elsewhere, Ullemeyer said, so he didn’t process any areas other than the door, its handle, and the rod — then removed — used to keep it from sliding open all the way. To fingerprint the entire house would have been “time prohibitive,” Ullemeyer explained. Ullemeyer said he didn’t find any prints whatsoever on or near the door, nor did he discover any trace evidence — used to describe hard-to-see and/or unusual fibers or hairs — on the bodies or anywhere else in the residence.
Well people based on the prosecutors later testimony below there seems to have been plenty of evidence later found else where that should have been available at the scene of the crime as well. I keep wondering if a door handle or hand rail between floors might have had Gun residue? “Auchincloss said. and, like a trail of breadcrumbs, he said, investigators found gunshot residue linking the 50-year-old to the shootings.” Everywhere the defendant was that night, we find gunshot residue,” Auchincloss said, listing the steering wheel of his truck, the seatbelt, the light switch in the truck, motorcycle gloves and even on Corey Lyons’ hands.”

“ Officers arrived minutes later and spoke with a neighbor who had dialed 911. He had a terrible feeling about the dark, silent house next door.” Based on this comment what about checking a light switch for finger prints or were all the killings done in the dark?

All this and I have not even called into question why I cannot find testimony from the 3 responding criminalist from the California Department of Justice lab located in Goleta. Maybe my observations mean nothing but maybe there is more here that I can expose later after the second trial has concluded.    

Below is some reference material I used to create this posting. As always I ask if you enjoyed my posting please share it with as many as you can, my pages viewed per day has doubled again over the last 45 days.

Larry “Magic”Mendoza

www.santabarbaracriminalcourtcorruption.blogspot.com

http://www.thechannelsonline.com/2.5053/training-forensic-investigators-1.783081 Training forensic investigatorsCrime scene cop Mike Ullemeyer teaches forensics

Dianne Burns, senior criminalist at the California Department of Justice in Santa Barbara, receives and examines the biological evidence from the cases. "Mike is fun, easy to get along with and very professional," she said.

www.mcquaid.org/file.cfm?resourceid=900&filename=Forensics%20...

Blood spatters, footprints and bullet casings are all telltale bits of evidence. They can link a suspect to a crime scene. By Dawn Hobbs

Criminalists from the state Department of Justice laboratory in Goleta frequently respond to murder scenes to analyze the telling blood spatters and other evidence the killer leaves behind. "Blood-stain patterns are part of a reconstruction of the crime," said Charlene Marie, a senior criminalist. "They can tell you what could have happened and what couldn't have happened." She works with nine others who re-create and solve crimes through blood-stain analysis; ballistics; the DNA typing of saliva, hair, blood and semen; and the analysis of fibers, footprints and tire prints.

Local law enforcement agencies usually analyze latent fingerprints, but the Department of Justice lab does just about everything else. "We're a full-service laboratory," said Mr. Tate. "We do all biological fluids, like blood, semen and saliva, and conventional blood grouping. We also do controlled substance analysis, trace analysis and analysis of impression evidence, like footwear, tire tracks." The lab, which opened in the early 1970s and services Santa Barbara and San Luis Obispo counties, each year investigates about 2,000 drug cases, 2,000 alcohol arrests and about 200 violent crimes, including homicide, rapes and assaults with a deadly weapon.

When the death is the result of a shooting, criminalist Dave Barber steps in to analyze ballistics. When analyzing blood-stain patterns, Ms. Marie takes a holistic approach. "We look at the pattern, we look at the shape," she said. "I look at the size of the droplets. The fine droplets are often from a high impact, such as with a shotgun blast. They're sub 1-millimeter drops. But you need to look at the whole pattern." Blood spatters will offer different patterns depending on whether the impact — the velocity by which the victim is killed — is high, medium or low."Low impact is just blood dripping," she explained. "There's no other action but gravity working. Medium impact comes from something like a bludgeoning. You get a variety of stains and sizes of stains. You get some very small and some very large and, of course, it depends on the blood pool you're whacking into. One thing that helps us with blood stains is that we know the sub-millimeter drops do not travel very far, so they often help us with location." Just as crucial as where the blood landed is where it didn't.

http://ullemeyer.com/services.html

"Physical evidence cannot be intimidated.  It does not forget.  It sets there  and waits to be detected, preserved, evaluated and explained."

Herbert Leon MacDonnell "The Evidence Never Lies"

Forensic Definitions

  PHYSICAL EVIDENCE:

  Physical evidence encompasses any   and all objects that can establish that   a crime has been committed or can   provide a link between a crime and its   victim or a crime and its perpetrator. Examples of Trace Evidence;

Examples of typical trace evidence in criminal cases include fingerprints, hairs, cosmetics, plant fibers, mineral fibers, synthetic fibers, glass, paint chips, soils, botanical materials, gunshot residue, explosives residue, and volatile hydrocarbons (arson evidence). For such evidence to be useful, it must be compared to similar items from suspects, but particular care is necessary to ensure a thorough analysis.

• Physical Evidence Processing
• Fingerprint development & comparison
• Blood Pattern Analysis
• Crime scene processing
• DNA analysis
• Trace evidence
• Impression evidence
• Document services

The real Mental Health issues with Lee Leeds that must be dealth with before he can be held for Trial. Has his Attorney or the Santa Barbara District Attorney acted properly.

  I have been working hard these last few years attempting many things through my writing that I share on my blogs. During that time I have covered a wide variety of topics. They ranged from abuse in both the Criminal and Civil courts to dealing with our county’s property tax billing accountability or the lack of as in the case of former California Lt. Governor Abel Maldonado. You might find this hard to believe but for every published posting or email you receive that number merely represents about 50% of everything I work on. My concerns with property’s listed on than California Lt. Governor Abel Maldonado s form 700 disclosure sat for almost six months before I published anything. As we speak my follow up report with additional data further verifying billing discrepancies has been ready for months now. I am fortunate though that some of my subject matter seems to stay current even when three years old, this weekends posting is a perfect example of that. You see in Santa Barbara County highly publicized cases or situation are used far longer than necessary in the media to unfairly form public perception.
So just what is it that I am attempting with my writing? Take this weekend for example, my postings topics will be about:

1-     Lee Leeds a three year old murder case with mental health issues.

2-     Pension Fund Math discrepancies from a 2000 CAFR report.

3-     Corey Lyons double murder trial which was brought about because of all the hits my previous blog postings receive.

 I feel we all need to recognize how everything is inter- connected and I hope to show an example of that by the third posting. At first or second glance you might not see how all three could be important to each other and you but they are. I know my writing is not Pulitzer Prize worthy but if I help create new or impact your existing thought than I will consider that to be a success.

 Lee Leeds, 34, faces murder charges stemming from a March 18, 2008 shooting spree at Black Road Auto in Santa Maria that killed four men: Dave Duboise, Ricardo Leal, Terry Majan and Robert Leeds. Robert Leeds, father of the accused, owned the salvage yard where the killings happened. Leeds suffers from paranoid schizophrenia. Now I have been following this case since the beginning.
 I have never felt that Mr. Leeds could be tried in criminal court based on the facts presented in the media. You can see were the courts have repeatedly dealt with the mental competency of Mr. Leeds for the past 3 years. Finding Mr. Leeds as competent to stand trial is a misleading one. I say that because there is a second factor to consider in cases where mental health is an issue; can the defendant be held criminal responsibility for his actions?
Competency to stand trial hinges on a defendant's current mental state at the time of trial. It is generally a low-level standard that requires merely that a defendant understands the proceedings against him -- that he is being tried for a crime and the relative roles of prosecutor, defense attorney, and judge -- and be able to assist his attorney in his defense. Can the defendant be held criminal responsible for his acts the day of his acts is a whole other issue and I feel that question s is far more relevant to any effort to obtain a conviction?
Please remember there is a duel responsibility our District Attorney faces in every case that they prosecute. To protect both the victims and defendants Constitutional rights with the equal effort. I am not a lawyer and dumb as a rock but I feel the District Attorney would not be able to hold Mr. Leeds criminally responsible in part based on the early actions taken by both them and the courts and what those actions represent to me. Further more based on my simple questions below I can see were a jury would repeatedly be presented facts that would consistently result in creating reasonable doubt.
  . In this next part of my posting I have taken statements and facts from the media and inserted my concerns, questions, or challenges to them. I hope you can find some importance from all this. Please review all this as if you were a juror and what conclusion would you come up with.

Leeds suffers from paranoid schizophrenia

This is a known fact prior to the murders, it was also documented he had been under medication but had stopped taken his medication for one week. Furthermore based on his statements at the time of the crime he was delusional and based his actions in part on those delusional beliefs.

In December 2008, Superior Court Judge James Rigali ruled that Leeds was not competent to stand trial, and ordered that he be sent to Patton.
This action shows that the court has found Mr. Leeds to be gravely disabled persons and possibly classified 5270 as per the W&I code. Mr. Leeds placement in Patton Mental Health Facility raises several questions. Was his illness such that our County Facility was unable to treat him, or was placement based on both the treatment needed and time needed to administer that treatment. Based on this move by the courts Mr. Leeds could be eligible to receive social security benefits since he would be considered disabled by there standards. Was there a competency report created by our county facility prior to his placement at the Patton facility? If so had that report also dealt with the criminal responsibility issue?  
In June 2010, Bullard presided over a multiday hearing to help decide whether Leeds could adequately assist his attorneys in his legal representation. At the conclusion of the hearing, Bullard said that he could not find Leeds competent to stand trial at that time, and ordered that he stay at Patton and doctors there reevaluate him.”
Over the course of 3 years had his attorney, the prosecutor or judges every established if he had indeed been found criminally reasonable for his actions? If not why?
The criminal case against Leeds had been suspended since April 2008, when Ikola said that his client appeared to be so mentally ill he was incapable of understanding the charges against him.
This action shows that the District Attorney as well as the court has found Mr. Leeds to be gravely disabled persons and possibly classified 5270 as per the W&I code. Mr. Leeds placement in Patton Mental Health Facility again raises more issues than just being competent to assist in his trial. Is it possible the defendants depth of mental illness also makes him incapable of being criminally reasonable for his actions as well?

I spent 1 hour this morning to create this position and challenge whether or not Mr. Leeds could ever be put on trial in a criminal court for his past actions.

In closing if I had not presented my challenge of criminal responsibility we all could have accepted his conviction as just. The real question is will the D.A., Judge or his Attorney properly defend him?

Further down this posting I have some court criteria that I feel applies to this case as well as some random media stories from the last three years

COMPETENCY TO STAND TRIAL

• What's the difference between competency to stand trial and the insanity defense?
Competency to stand trial hinges on a defendant's current mental state at the time of trial. It is generally a low-level standard that requires merely that a defendant understands the proceedings against him -- that he is being tried for a crime and the relative roles of prosecutor, defense attorney, and judge -- and be able to assist his attorney in his defense. The low standard reflects the attempt to provide as many people as possible a day in court, while excluding those individuals who are so sick as to be completely unable to comprehend the proceedings or to assist their attorneys. There is a common misperception that if an individual is found incompetent, it is the same as being found not guilty. In reality, if the defendant is deemed incompetent, there is no trial, and no conviction or acquittal.
The insanity defense has nothing to do with a defendant's current mental status; to be found not guilty by reason of insanity, a judge or jury must evaluate the defendant's state of mind at the time of the offense.

Media Story’s

http://www.santamariatimes.com/news/local/crime-and-courts/article_e674b57a-5123-11e0-88a7-001cc4c03286.html

Home / News / Local / Crime And Courts

Man found competent to stand trial

• Story
• Discussion

By Samantha Yale Scroggin/Staff Writer sscroggin@santamariatimes.com | Posted: Thursday, March 17, 2011 10:51 pm | (1) Comments

A Santa Maria man accused of killing his father and three others three years ago at a Santa Maria salvage yard has been found mentally competent to stand trial by doctors at the state mental health facility that has been housing him.

Lee Leeds, 34, was not present for a hearing in his case Thursday in Santa Maria before Superior Court Judge Edward Bullard to check on the progress of a report that recently arrived from Patton State Hospital.
Because Leeds had not yet arrived from Patton, the hearing was continued to next Thursday.
The report states that Leeds is competent for trial, according to Senior Deputy District Attorney Kevin Duffy, the case prosecutor.
However, a competency trial must be held in which a judge will hear from witnesses and decide whether Leeds is indeed able to appropriately assist his attorney in a jury trial.
A date for the competency trial might be scheduled at next week’s hearing.
Duffy said it’s the District Attorney’s Office’s position that Leeds is ready to stand jury trial.
He said he wants the competency trial to take place in the near future so the case can move forward and justice can be obtained for the victims’ families.
“I think it’s in our best interest to have the trial as soon as possible,” he added.
When Leeds arrives in Santa Barbara County for his hearing next week, he will be housed in County Jail pending the outcome of the competency trial, Duffy said.
Defense attorneys on the case could not be reached for comment.
Leeds, who suffers from paranoid schizophrenia, faces murder charges stemming from a shooting spree March 18, 2008, at Black Road Auto in Santa Maria that killed Dave Duboise, Ricardo Leal, Terry Majan and Robert Leeds.
Robert Leeds, father of the accused, owned the salvage yard where the killings occurred. Duboise and Majan were employees of Black Road Auto, and Leal was a customer. It was Duboise’s first day of work at the site when he was killed, Santa Maria police have said.
In December 2008, Superior Court Judge James Rigali ruled that Leeds was not competent to stand trial, and ordered that he be sent to Patton. In March 2010, Patton released documents to the court indicating that doctors at the hospital had found Leeds competent to stand trial.
In June, Bullard presided over a multiday hearing to help decide whether Leeds could adequately assist his attorneys in his legal representation. At the conclusion of the hearing, Bullard said that he could not find Leeds competent to stand trial at that time, and ordered that he stay at Patton and doctors there reevaluate him.
Before issuing his decision, Bullard said that he believed there was “no question” that Leeds was competent at the time Patton doctors found him so, but noted that they had not evaluated Leeds since before he was discharged from the hospital in March 2010.
Copyright 2011 Santa Maria Times. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Posted in Crime-and-courts on Thursday, March 17, 2011 10:51 pm

Home / News / Local

Defense grills psychiatrist who treated Leeds.

By Samantha Yale Scroggin Staff Writer sscroggin@santamariatimes.com Tuesday, June 22, 2010 12:38 pm | (0) Comments

Lee Leeds, accused of a 2008 quadruple murder at a Santa Maria auto yard, walks into court Tuesday as a bailiff watches. //Mark Brown/Staff

A psychiatrist who treated a Santa Maria man accused of killing his father and three others in a salvage yard shooting testified Monday that while Lee Leeds is mentally competent to stand trial, he barely met requirements.
Leeds suffers from paranoid schizophrenia.
Dr. Jeffrey Lawler was grilled on the witness stand by Leeds' defense attorney, Senior Deputy Public Defender Robert Ikola, who is representing the defendant along with Deputy Public Defender Brian Carroll.
Leeds, 34, faces murder charges stemming from a shooting spree March 18, 2008, at Black Road Auto in Santa Maria that killed four men: Dave Duboise, Ricardo Leal, Terry Majan and Robert Leeds. Robert Leeds, father of the accused, owned the salvage yard where the killings happened.
Lawler, a staff psychiatrist at Patton State Hospital, a mental-health treatment facility in San Bernardino County, initially was called as a witness by the prosecution June 8 during the second day of a hearing in the Leeds case. The hearing was set to help the court determine whether Leeds is in an appropriate mental state to understand legal proceedings.
The hearing resumed Monday before Superior Court Judge Edward Bullard in Santa Maria, at which time the defense cross-examined Lawler.
During the multiday hearing, attorneys have called witnesses to back the defense's contention that Leeds is not mentally competent to stand trial and the prosecution's position that Leeds is able to move forward with the legal proceedings.
Lawler testified Monday that while Leeds is not free from psychotic symptoms, he has demonstrated a lessening in the severity of his symptoms.
Following Lawler came testimony for the prosecution from a clinical psychologist at Patton who had discussions with Leeds to determine whether he is able to undergo trial.
Dr. Elsie Cheng said that at the time of Leeds' discharge from Patton in March, she believed he was competent for trial.
The defense attorneys did not finish their cross-examination of Cheng Monday, and are expected to finish questioning her this morning. Cheng is the last witness for either side.
The criminal case against Leeds had been suspended since April 2008, when Ikola said that his client appeared to be so mentally ill he was incapable of understanding the charges against him.
In December 2008, a judge ruled that Leeds was not competent to stand trial and ordered that he be sent to Patton.
Leeds is back in County Jail without the option of bail after documents arrived in March from Patton stating that he is mentally competent. The competency hearing is being held despite the hospital's finding, and the court will presumably make a finding as to Leeds' competency based on the evidence.
Lawler testified last week under questioning by senior deputy district attorneys Lynn Cutler and Kevin Duffy that he believes Leeds is competent to stand trial, and that the patient was able to carry on a rational conversation and make logical decisions.
On Monday, Lawler testified under inquiries from Ikola that Leeds' condition can change from day to day.
He suffered from delusions while in Lawler's care, including that laser beams were damaging his eyes.
However, Leeds stuck with his treatment program, according to Lawler.
"He understands that there were individuals killed, one of them being his father, and that he was there found with a gun."
Cheng testified Monday that she believes Leeds has the ability to assist his attorneys in court.
"I felt that he interacted very well with me," she said, noting that Leeds was cooperative though slow to respond to questions.
Leeds was in a dating relationship with a woman being treated at Patton, according to Cheng.
"He was not the most verbal with that, but he did admit to it," she said.
While practicing testifying, Leeds did better than the average Patton patient, Cheng said.

http://www.santamariatimes.com/news/local/article_e0b3e610-7e4c-11df-bd5f-001cc4c002e0.html