Company Pays $950,000 Fine after Employee Decapitation

The retail giant Macy’s has agreed to pay a fine of $950,000 after an employee in the company’s Los Angeles distribution center was decapitated in a cardboard baler/compactor. The company also pleaded no contest to a criminal misdemeanor charge, according to the Los Angeles County DA’s office.

According to witnesses, 65-year-old Roy Polanco was operating the baling and compacting machine when he fell into the compactor, which had been modified to run without interruption. The machine had sensors designed to shut off the machine in such a circumstance, but the sensors were not working. According to prosecutors, the company removed a metal shield from the compactor, intentionally blocked the sensors, and erected a ladder so that workers could get into the machine. The company was charged with two felony counts of willfully violating safety standards. The district attorney sought a $1.5 million fine, but Macy’s negotiated a settlement.

As a part of the settlement, Macy’s has agreed to inspect all similar machines in its California stores and distribution centers. It must then obtain approval of all balers/compactors from the district attorney’s office.

The plea agreement, however, allows Macy’s to pay the fine and then come to court and have the conviction expunged. Furthermore, the district attorney’s office agrees not to “oppose the termination of probation or the expungement.” When asked why he agreed to such a deal, even though he originally brought felony charges against Macy’s (and a judge ruled that there was enough evidence to take the case to trial), prosecutor Daniel Wright said that the decision was not his, but was made by his supervisors in the LA County District Attorney’s Office. He declined any further comment.

An investigation, though, disclosed that Macy’s was represented in the case by Bill Seki, co-director of the Southwestern Law School’s Trial Advocacy Honors Program. The other co-director, Joseph Esposito, is currently an Assistant District Attorney, the number three prosecutor in Los Angeles County.

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Screen Grab Leads to Misinformation

Contrary to what had earlier been reported, murder suspect Pedro Bravo may not have asked his cell phone to give him a recommendation on where to hide the body. Bravo is charged with killing fellow University of Florida student Christian Aguilar in a dispute of a former girlfriend.

According to previous news reports, Bravo had made the statement “I need to hide my roommate” to Siri, Apple’s “intelligent personal assistant.” A screen grab introduced by prosecutors in court showed that Siri responded with the question, “What kind of place are you looking for.” The screen grab indicated that Siri had suggested swamps, metal foundries, mines, reservoirs and dumps.

However, upon cross-examination by Bravo’s attorney, a Gainesville police officer admitted that the screen grab was just one of many photos found on Bravo’s phone, and that it may not have been a direct question to Siri. Furthermore, WUFT News, which had reporters in the courtroom, issued an online statement refuting the allegation, stating that the Gainesville detective never testified that there was a Siri search, and further noting that the assertion in most accounts that Bravo and Aguilar were roommates was false.

Other data gathered from his phone, though, was used by prosecutors to build the case against him:

• Prosecutors say he used the flashlight on his phone nine times between 11:30 and midnight on the night Aguilar disappeared, allegedly to hide the body in the woods, where it was found in a shallow grave by hunters weeks later.
• Location data gathered from the phone is inconsistent with the account Bravo provided of his whereabouts on the night Aguilar disappeared

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At Laguna & Rosen, PLLC, we provide a free initial consultation to every client. To arrange a private meeting with an experienced Pennsylvania criminal defense attorney, contact us online or call our office at 717-233-5292. Let us help you avoid deportation. Se habla Espãnol.

Philadelphia District Attorney’s Office Sued Over Civil Forfeiture Actions

District Attorney’s Office Accused of Running Forfeiture for Profit Scheme

The state of Pennsylvania authorized civil forfeiture in 1988, ostensibly to prevent criminals from amassing substantial physical assets as a result of illegal activity. In a lawsuit filed in federal court in August, 2014, attorneys for a number of Philadelphia residents say the city’s prosecutors have aggressively pursued civil forfeiture, turning it into a highly profitable venture, netting the office millions in revenue every year.

According to plaintiff Christos Sourovelis, his son was arrested and sentenced to court-ordered rehabilitation for selling $40 worth of drugs near their home in Philadelphia’s Somerton neighborhood. Approximately a month later, police officers showed up at his home, serving a civil forfeiture action, seeking to take his home.

Representatives from the district attorney’s office defended the action, calling it “an important tool in the fight against drug trafficking.” Darpana Sheth, an attorney with the Institute for Justice in Virginia, accused the Philadelphia District Attorney’s Office of “turn[ing] this tool into a veritable machine, devouring real and personal property from thousands of residents…converting that property into $5.8 million in average annual revenue.”

The statistics support Sheth’s allegations:

• Almost 50% of all money and property seized in Pennsylvania since 2002 has been taken in Philadelphia
• The city has taken more than $64 million in property in the last 10 years, nearly twice as much as Brooklyn and Los Angeles com
• The per capita amount seized–$43 for every resident of the city—is twice that of any other area

Representatives of the District Attorney’s office admit that the money obtained from civil forfeiture accounts for about 20% of the prosecutor’s annual budget. An estimated 40% of the value of property seized pays for prosecutor’s salaries.

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At Laguna & Rosen, PLLC, we provide a free initial consultation to every client. To arrange a private meeting with an experienced Pennsylvania criminal defense attorney, contact us online or call our office at 717-233-5292. Let us help you avoid deportation. Se habla Espãnol.

Former Police Officer Leads Team of Ex-Cops Who Investigate Claims of Police Misconduct

Allen E. Smith, a former police officer in Fort Lauderdale, now leads an elite team of investigators, most of them former law enforcement officers, who use their experience and knowledge to determine whether police have violated the rights of criminal defendants. Since 1997, Smith has worked for the Broward County Public Defender’s Office. He now supervises nine former cops and two other investigators, who focus their work on allegations of abuse or misconduct by police officers or prosecutors.

Smith, who used to specialize working undercover as a hit man, says that over the years, he has seen ample evidence of substandard police work, as well as racial profiling. He has also learned that some of the people they assume are guilty are actually innocent.

An extremely popular and respected officer while he was on the force, Smith has since had his membership to the Fraternal Order of Police revoked. He has had his picture posted on a police bulletin board with a target on it, and was victimized by a Fort Lauderdale detective who went into a state database to obtain personal information about him. He’s also had former police officers accuse him of “going over to the other side.”

Smith now leads a team with wide-ranging experience within law enforcement, including a former homicide detective, a white-collar crime expert and an undercover narcotics officer. He also has an investigator who served on Fort Lauderdale’s Tech Services Squad, who has extensive knowledge of cameras and communications gear.

Smith says that most cases contain no surprises—many people are guilty. But far too often, his investigators have found evidence of duress or threats of violence, including a situation where a man confessed to a crime he didn’t commit because police had threatened to leave his mother homeless if he did not.

Contact Laguna & Rosen, PLLC

At Laguna & Rosen, PLLC, we provide a free initial consultation to every client. To arrange a private meeting with an experienced Pennsylvania criminal defense attorney, contact us online or call our office at 717-233-5292. Let us help you avoid deportation. Se habla Espãnol.

New Documentary Adds to Real Story Behind Dog Day Afternoon

The movie is an American icon—Al Pacino as the gay man who attempts to rob a bank to pay for his lover’s sex change. From its release in 1975, Dog Day Afternoon always carried the disclaimer/admonition that it was “based on a true story.” Now a documentary has been made about John Wojtowicz, the protagonist played by Pacino. The documentary digs much deeper into Wojtowicz’s personal life, exposing a man with little to no governor on what he might say.

Wojtowicz was a 27-year-old Vietnam veteran in 1972, when he tried to rob a Brooklyn bank so that he could get enough money for his lover, Ernest Aron, to have a sex change operation. The robbery attempt led to a 14 hour standoff, which ended after Wojtowicz’s accomplice was killed by the FBI. Wojtowicz was subsequently convicted and sentenced to 20 years in prison, but served time only until 1978. He apparently lived in obscurity and poverty until his death from cancer in 2006.

According to the documentary, Wojtowicz claimed to have been married four time, “once to a woman.” Aron, one of the persons he named as a wife, has a successful sex change operation. And, according to people who knew him, he spent the rest of his life attempting to capitalize on his fame:

• He tried unsuccessfully to operate a cab under the name “Dog Day Taxi.” His vision was that he would have the movie playing non-stop in the back seat and he would share stories with his passengers about the attempted bank robbery.
• He applied for, but was not hired as, a bank security guard. Said Wojtowicz, “With the guy from Dog Day Afternoon as the guard, who’d rob it?
• He sported a tee shirt with “ I Robbed This Bank” in bold letters on the front, and had his picture taken in front of the bank he attempted to rob.

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At Laguna & Rosen, PLLC, we provide a free initial consultation to every client. To arrange a private meeting with an experienced Pennsylvania criminal defense attorney, contact us online or call our office at 717-233-5292. Let us help you avoid deportation. Se habla Espãnol.

If this is your first time hiring an attorney, most likely you are unsure of what to ask the attorney before hiring the attorney. The following is a handy checklist of basic questions to ask before you hire an attorney

The Lawyer’s Experience

• How long have you been practicing in this field or area of law?
• Have you ever handled matters like mine before?
• Do you have any special credentials in this practice area? Are you certified as a legal specialist in this practice area?
• I would like a reference from a former client.

Managing the Case

• What are the possible outcomes of my case?
• What are my alternatives in resolving the matter?
• Approximately how long will it take to resolve?
• How will you let me know about what’s happening in my case?
• What kind of approach will you take – aggressive and unyielding, or will you work to reach a reasonable settlement?

Legal Fees & Costs

• Do you have a written agreement for representation that I can read beforehand
• What are your rates and how often will you bill me?
• Do you charge by the hour, a flat fee for a particular service, or a contingent fee?
• If you charge an hourly fee, will I be billed for telephone calls and emails?
• Is an advance payment or a deposit required at the time that we agree that you will represent me? If so, will the money be held in a trust account? When will the money be paid to you for your services?
• If I terminate the representation before the matter is resolved, what will happen to any money that I advanced that has not been spent on legal services?
• Will I be charged for expenses or overhead and, if so, what expenses should I expect and how will you charge me for overhead?
• If you charge a contingent fee, what services does the percentage fee cover?
• What is a ballpark figure for the total bill, including fees and expenses?

Who Will Do the Work?

• Who else in your office will work on my case?
• Can paralegals in the office handle some of legal work at a lower rate than what you charge
• What is the best way to communicate with you (letter, phone or email)?
• How will you inform me of developments in my case?
• If I call you (or email) for information, when can I expect a return phone call (or email)? Will you or a paralegal call me back?

If you would like to speak with attorneys Roger Laguna, , or Lawrence Rosen about the particulars of your case, we invite you to contact our firm and schedule a free initial consultation. We provide a free initial consultation. Contact our office by e-mail or call us at 717-233-5292 for an appointment.