Oceanside Couple Accused of Human Trafficking – Inez Martinez Garcia, 43, and husband Marcial Garcia Hernandez, 45, allegedly abused a young girl who was smuggled into the U.S. (Sam Spital)

“It has been reported that prostitution rings in San Diego are among the worst in the United States and involve young girls from the age of 12 to 14, many of whom are transported over the border from Mexico and others who live in San Diego and often frequent the local shopping malls, who are initially promised by ostensible boyfriends as well as pimps what they hope to have as better opportunities. At the point a child becomes enlightened and realizes the plight she is in, she faces threats and beatings if she tries to leave or escape.

The FBI has reported San Diego is among the eight top cities in the nation for child sexual exploitation. Much of the business comes from free advertisements placed on widely known and commonly used internet sites, while others from newspaper and magazine classified ads. While it is outrageous and despicable to have unsuspecting young children forced into prostitution and other crime, it has become a far too common occurrence in society today.

Sadly, there are increased numbers of dysfunctional families and maladjusted children due in large part because of the stresses of everyday life, vastly rising numbers of divorces, use of drugs and/or the lack of proper and sufficient interpersonal relationships, some of which the latter is believed to be a result of the increased use of and reliance upon email and text messaging.

Parents, counselors, teachers, churches and synagogues need to work together to find and maintain workable solutions to enhance family interactions and social life.

On November 29, 2012, a NBC Channel 7 reporter posted an article online regarding a husband and wife who were arrested for 13 felony counts of aggravated assault upon a 12 year old girl in connection with allegations of sexual and physical abuse, as well as forced labor as a result of human trafficking by the couple. The arresting law enforcement officers confirmed this young child was smuggled across the border from Mexico into San Diego at the age of 12 ‘with promises of a better life and receiving an education.The article did not, however, contain any information or facts related to a possible defense, explanation, or mitigation that might be used by counsel for the two suspects.”

–Commentary by Criminal Defense Lawyer Sam Spital

Chula Vista teacher accused of sex with ex-student (Sam Spital)

COMMENTARY BY CRIMINAL DEFENSE ATTORNEY SAM SPITAL:

“On October 31 2012, Fox Local News reported a 32 year old ninth grade English teacher at a Chula Vista High School, a suburb of San Diego, was arrested for a several-year long sexual encounter in which he was charged with fourteen (14) counts of oral copulation upon a girl who was 16 at the time.

The teacher was on the list of top 10 finalists for Teacher of The Year award, and a School District spokesman said “it’s a big shock and surprise for us.’ This pattern of sexual abuse cannot be tolerated by any adult upon a child, and it is despicable for a person in a position of trust to cross the line and lose his respect for the student, himself and the profession.

Unfortunately, the teacher could not maintain his boundaries. At this time, no one has come forward as his lawyer to offer any information. However, the teacher’s career may forever be damaged, and his teaching credential revoked by the California Commission on Teacher Credentialing through their disciplinary process if the facts are proven (http://www.ctc.ca.gov/pdf/2011-07-11-presentation.pdf). While not offered as a defense, the sexual relationship apparently involved a student that never had the defendant as a teacher.”

CRIMINAL DEFENSE ATTORNEY SAM SPITAL

 

 

UPDATE:

“The teacher has since been released from County Jail after the D.A. needed more information on the case and decided they would not file the sexual abuse charges. It is possible the alleged victim has given inconsistent statements &/or lacks substantial credibility to corroborate the offense. This is not uncommon and it underscores the importance of not reaching any conclusions by the mere fact someone has been arrested. We all know a person is innocent until proven guilty and in a criminal case the prosecution must prove its case beyond any reasonable doubt.

The District Attorney has up to one year to file a misdemeanor charge and two years for a felony.”

SAN DIEGO CRIMINAL LAWYER SAM SPITAL