Sentencing for man convicted of daycare molestation (Sam Spital)

COMMENTARY BY SAM SPITAL, SAN DIEGO CRMINAL, PERSONAL INJURY AND ADMINISTRATIVE LAW ATTORNEY:

“On December 6, 2012, KFMB Channel 8 posted online an article about a 54 year old man who was convicted of child molestation and oral copulation of a 4 year old child. He faces up the 23 years to life in prison. The prosecution alleged the defendant molested the minor when his wife was not present and while she was attending other duties at her home child care business. The defense attorney claimed the charges were false and his client did not touch any child as alleged by the Deputy District Attorney. The story did not go into sufficient facts for one to evaluate the propriety of the arguments, presentation of evidence and/or strength and scope of the defense.

The article reported the eligibility to operate as a day care business at the home in question was suspended. More information regarding the California Department of Social Services, Community Care Licensing Division, can be viewed online at the following link: http://ccld.ca.gov/PG411.htm. Some of the cases that have been cited as precedent by CDSS can be viewed at http://ccld.ca.gov/res/pdf/Precedent.pdf

One can check online to follow the disciplinary status of all professions and businesses licensed in California by a search starting with the identity of the government agency that issues the applicable license (Board of Registered Nursing, Medical Board of California, Board of Psychology, Pharmacy Board, Dental Board, Department of Real Estate, Department of Insurance, etc.) and then enter the name of the person and/or entity.”