Commentary by Theft and Burglary Criminal Defense Attorney Sam Spital:
“The Examiner in their digital news on January 17, 2013 reported the Oakland Museum of California released a photo of a priceless gold encrusted jewel box created between around 1870 that was stolen earlier in the month. It was revealed this is the second theft and the police believe the same person may have been involved. Interestingly, the article noted the male suspect was seen on surveillance cameras entering a locked door. The article provides a description of the jewel box, the base and the legs to which it is connected.
The reporter did not provide any further information regarding the police investigation and/or suspect(s), did not report whether DNA was obtained nor whether the surveillance cameras provided a photo of the burglar that would be provided to the media to help identify his name and residence. Since this is the second major theft of historic artifacts, it is likely there is evidence the police may not desire revealing as part of their ongoing investigation.”
“On December 16, 2012, the online edition of KFMB Channel 8 posted a story regarding a 1:30 a.m. Chula Vista home invasion that resulted in 4 suspects being arrested for robbery, firearms-related charges and conspiracy. The officers were led to the suspects by cell signals and calls made after the alleged crime from an iPhone among other things stolen from the victim.
The reporter did not include any information relating to the background, occupation and/or employment, nor presence or absence of any criminal history of the suspects, only that there were two females and two males, two of whom were 20 and one was 28 while another was age 24. Each of the defendants will be appointed a Public Defender if they do not retain private counsel. Due to a probable conflict of interest, each of the defendants should and, therefore, will have separate attorneys. The role of defense counsel is to investigate the charges, analyze the facts and develop a defense strategy. It is automatic that a criminal defense attorney must safeguard the rights of his client both as to the procedures involved in the case and the elements of the charges. In addition, one should advance a preemptive and offensive attack on the evidence as well as to raise proof of mitigation, and possibly remorse and rehabilitation, if any.”
COMMENTARY BY San Diego Theft Defense and Criminal Attorney Sam Spital:
“The UT San Diego news reported on December 3, 2012 two leaders of the robbery of multiple high-end jewelry stores and a casino in San Diego were found guilty and now face sentencing. Their crime spree began about a year ago and it was alleged their ‘team’ seized millions of dollars worth of merchandise and cash. Besides Barona Casino, Ben Bridge Jewerlers in Fashion Valley, they targeted expensive jewelry boutiques in malls throughout California, including Santa Clara, Riverside and Orange County.
The article did not include any statements made by the criminal defense counsel, such as either defendant expressing remorse, recognition of wrongdoing, their presentation of closing arguments and/or mitigation. It is likely the sentence will be life in prison. Whether print, broadcast or electronic, the news media in large part fails to provide a balanced account in reporting crimes so that the public is more fully informed.”