Archive for September, 2008

Lawyers call redevelopment settlement legal

Posted by Chike on Sep 30 2008 | Laws, Premier Attorneys, san diego attorneys

Attorneys for the state said the settlement they examined that would end a county lawsuit over a San Diego redevelopment area  appears to be legal.

State Sen. Christine Kehoe asked the Attorney General’s Office earlier this month to investigate the June agreement regarding the Grantville redevelopment zone.

Under the terms of that deal, more than $60 million in redevelopment money was earmarked to be exchanged in a complicated swap that would use funds originating from Grantville to support a downtown portion of the San Diego Trolley.

In return, money slated for downtown redevelopment  would be channeled to the county for projects in the North Embarcadero. The city maintained that redevelopment tax proceeds from Grantville could be spent downtown because the Green Line trolley, which passes through Grantville, connects with downtown trolley lines.

The opponents who filed suit to stop the transfer of funds on Friday say the deal is a “sham transaction.”

In a letter yesterday, an attorney for the state wrote that critics raise “a legitimate question” about the trolley issue. However, contemporary laws prevent “judicial challenges to such expenditures.”

On another issue, namely the use of redevelopment funds to end a legal battle, the attorney wrote that it could be regarded as an end-run around changes in the law that bar such maneuvers. The city and county bypassed the provision by including $31 million in downtown funds to settle the county’s claim. Downtown redevelopment plans were passed a year before the law changed.

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Sweeping arrest across San Diego and Imperial County

Posted by Chike on Sep 30 2008 | Laws

More than 300 people were arrested in San Diego and Imperial counties in a raid that targeted deportable immigrants. According to officials with U.S. Customs and Immigration Enforcement, the sweep was a part of a statewide operation that totaled over 1000 arrests.

Of the 267 men arrested and 34 women arrested, at least 102 of them were targeted as immigration fugitives who refused to comply with a deportation order. According to ICE spokeswoman Lauren Mack, others were sought after for violations including returning to the country illegally after being deported. Others were arrested who were not initially targeted, but their illegal status was revealed to the agents during the sweep.

Among the arrested were U.S. citizens as well as illegal immigrants.

The arrests came after a three-week operation that concluded last week. According to Mack, the operation was coordinated between ICE’s fugitive operation teams and led by San Diego agents.

The agency reported a total of 1,157 arrests statewide. Some individuals had criminal records for offenses ranging from sexual assault and narcotics to voluntary manslaughter, and at least one person accused of making a terrorist threat.

In part of a coordinated effort between ICE and the San Diego Police Department, a 72-year-old legal U.S. resident from Bayview Heights was arrested as part of on suspicion of child molestation. He has been charged and is being held without bail, Mack said.

The bulk of the local arrests were made in San Diego, where 248 people were picked up; 35 more were in North County and 18 were found in El Centro, the spokeswoman said.

Mack said that this effort was part of an ongoing operation to track fugitive immigrants who rarely maintain a permanent address.

A written statement from Julie L. Myers, an assistant secretary at the Department of Homeland Security said, “The deployment of more fugitive operations teams, together with enhancements in our ability to track leads in these cases, have resulted in the arrest of record numbers of immigration fugitives this year and we expect that trend to continue”. The agency oversees ICE.

Mack said the 10 most common home countries of those who were arrested are Mexico, Guatemala, Vietnam, El Salvador, Honduras, Iraq, Cuba, Laos, Somalia and the Philippines. People hailing from 34 countries were arrested statewide.

Many have been sent back to their home countries, while the rest are awaiting deportation or in custody, Mack said.

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Man pleads guilty to bombing San Diego courthouse

Posted by David on Sep 25 2008 | Premier Attorneys

Eric Reginald Robinson pleaded guilty Thursday in federal court in El Centro to bombing a federal courthouse and a FedEx building in San Diego. Assistant U.S. Attorney Michael Skerlos said Robinson admitted helping two others build numerous pipe bombs and driving a getaway car after the courthouse explosion on May 4. Robinson also helped build pipe bombs for the explosion April 25 at a FedEx distribution center. In both bombings no one was injured. Rachelle Carlock and Ella Sanders were also charged and arrested last month and have not plead guilty. Because many judges had offices in the San Diego courthouse, Robinson’s case was moved to El Centro.

I’m guessing Robinson will implicate the others with his testimony and get less time. Hopefully the bombers will all be brought to justice.

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Los Angeles Metrolink Crash

Posted by David on Sep 15 2008 | Accidents

Last week’s Los Angeles metrolink crash has become the deadliest metrolink commuter crash in the history of Los Angeles. 25 people have died and over 100 were injured, 40 of them critically. Federal Investigators are looking for evidence to explain the U.S.’s deadliest railroad crash in the last 15 years. They are examining the phone records of a couple of teenagers and the engineer, because the two teens claim to have gotten a text from the engineer moments before the accident. Metrolink spokeswoman Denise Tyrrell had already said the commuter train’s engineer was at fault because he failed to stop at a red light on the tracks, but NTSB board members cautioned that they had not completed their investigation.

Our thoughts and prayers here at San Diego Attorneys Online go out to the families of the victims. We know 2 very good law firms that handle injury and wrongful death claims. Estey & Bomberger are Los Angeles Metrolink crash attorneys and The Gomez Law Firm has a great Chatsworth train accident attorney.

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UFC Fighter Killed In The East Valley

Posted by David on Sep 12 2008 | Accidents

A man found dead in the desert east of San Diego has been identified as Evan Tanner. Tanner, 37, who is known by many as an Ultimate Fighting Champion was found according to statements from Sheriff’s Lt. George Moreno approximately 2 miles from his campsite. The area was in the vicinity of the Palo Verdes Mountains and in the coroners early report Tanners death appears to have been from heat exposure. Tanner had been in the area where he was found camping and riding his motorcycle, according to a statement from his agent John Hayner. He went on to state that Tanner had phoned a friend and spoke to the wife saying he was out of gas and going to walk and get some. The area where Tanner was found was approximately 100 miles to the closest town, after friends reported him missing on Friday. A helicopter search is how Tanner was found on Monday. Tanner was a resident of Oceanside and appeared on Spike TV’s Ultimate Fighter and he had spoken in his blog about his plan to go to the desert and ride his motorcycle.

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SDG&E Found Liable

Posted by David on Sep 03 2008 | Accidents

Today a jury found SDG&E guilty of negligence in the Marine helicopter case. Jurors awarded more than $15 million in economic damages in a wrongful-death lawsuit brought by the families of the Marines. The jury found the utility failed to install safety lights to prevent accidents and that two of SDG&E’s representatives acted with malice by not ordering the installation of lights or markers on the tower. The jury determined that the parents of all four Marines should receive $2.125 million in damages in the wrongful-death case. Jurors also found the wife of one the Marines, 1st Lt. Michael S. Lawlor, was entitled to $6.7 million. The accident occurred Jan. 22, 2004, when two helicopter crews were practicing nighttime maneuvers. The crews were using night-vision goggles. Killed when one helicopter struck the 135-foot utility tower were Lawlor, 26; Capt. Adam E. Miller, 19; Staff Sgt. Lori A. Privette, 27; and Cpl. Joshua D. Harris, 21. During the trial, attorneys for the families told jurors the accident would not have happened if lights or other markers had been installed on the tower. They said the utility company was negligent for operating under a policy where lights were only used on structures 200-feet or higher, even though company officials knew most collisions occurredat lower altitudes. But attorneys for SDG&E argued the crash was a result of pilot error, not negligence. They told the jurors that Marines involved in the training knew the area and had been briefed about the power lines. SDG&E attorney Larry Davis contended the Marine Corps bore the blame because it was obligated to notify the utility of any hazardous obstacles. Jurors were scheduled later Wednesday to hear testimony related to possible punitive damages against SDG&E.

Wow, I think a very warranted victory for the families. You can never get someone back after an accident but the party (SDG&E) should pay for neglecting something so easy as putting lights or markings on the towers. More to come on this story.

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