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An in-depth look at laws, legislation and recent court rulings affecting the future. Wednesday, May 5,1994 Special Section, 1A CALIFORNIA STATE UNIVERSITY, FRESNO ^jCiu unci mice mw iui jluja IngerSethov INSIGHT Motorists under 21 should swap their beer cans for root beer bottles afteraJan.l law which gives thego- ahead for California police officers to suspend licenses on the spot of drivers under21 having any trace of alcohol in their system. "From now on there is zero tolerance," said traffic analyst Lu Ann Fouts of the Fresno Police Department, Fouts said the new law makes it illegal for drivers under 21 to drive after consuming less than one beer. The "zero tolerance measure," SB689,prohibitspersons under21 from driving with a blood alcohol level of 0.01 percent, a little more than the potency of cough medicine, or higher. It also requires the California Dcpartmcntof Motor Vehicles to immediately suspend the violator's drivers license for one year. "I'm mystified by California law that on one hand prohibits persons under 21 from buying alcohol and on the other hand didn't punish this age group when drinking and driving unless the blood alcohol content was above 0.08 percent," said state Sen. Qucntin Kopp. 8th. District. San Francisco-San Mateo, who introduced thcbill in September 1993. Since the law took effect Jan. 1, more than 2,000youngdrivers have felt the repercussions of the law. said Evan Nossoff, DMV spokesperson. Former CSUF business student Rosalca Castro, 22, said she supports stricter drunken driving laws for young drivers. Casiro learned the hard way. On Nov. 28,1990. Castro drove home from her uncle's wedding in Arvin, Calif. She made a wrong turn and police pulled her overdose to her home. "They said my car was weaving a little and that the tags on my car had expired," said Castro, who later dropped out of CSUF after being unable to meet the expenses of school and her drunken driving pen- ALCOHOL-REUTED TRAFFIC FATAUTIES Alcohol-related Traffic Mlities: Age 15-24 8,122 7,002 6,856 6,245 5,085 Traffic Fatalities: All Ages 45.1%1 Sourer Nariorul Highwy Traffi< Safety AdminL Total Egjf Traffic Fatalities Percentage Alcohol-related FiuJ Acculcni Reporting Synrm, I993 allies. "He asked me if I had been drinking. I said, 'no.' He said he was going to let me go, but since I lied, he took me in." Castro failed a field sobriety test and was arrested for driving under the influence/ The California Vehicle Code (CVC) reads, "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle." The code defines a driver under the influence as one with blood alcohol level above 0.08 percent. The law that changed the legal limn from 0.12 to 0.08 percent became effective in January 1990. Castro tested 0.16 percent, twice the legal limit, on the breathalizcr test at ihc Arvin City Jail. "It was so awful. Ididn'tknow what was going to happen," she said. "I cried and cried. My eyes were swollen red." Castro spent the night in jail alone. "They asked me if I wanted to use the phone, but I didn "t have anybody to call. I couldn't tell my mom — I was so embarrassed and I d idn' t want to worry her," Casiro said. "Eventually. I had to tell her, because the car was towed and it was her car." Castro'spublicdcfcndcradviscdhcr to plead guilty. She did and was punished witha two-year suspensionof her driver's license, a S l ,200 fine, an order to attend eight Alcoholics Anonymous (AA) meetings and three years of probation. The maximum penalty for drunken driving in California, not including involvement in an accident, arc fines of up to $2,500, six months in jail, drivers license suspension, five years probation and a permanent criminal misdemeanor record. This year in Fresno County, more than 5,000 drivers were arrested with a blood alcohol level above 0.08 percent, said traffic analyst Fouls. The new 'zero tolerance' measure has already lead lo an increased number of driver's license suspensions. SB 689 is a DMV regulation noi subject to criminal trial, but requiring police officers to lake immediate action if there is a reasonable cause to believe that a driver under 21 has been drinking. The law, approved by Gov. Wilson Oct. 7,1993. reads: "It is unlawful to drive with a blood-alcohol concentration of 0.01 or greater, as measured by a preliminary alcohol screening test." I f a person refuses to take, or fails to complete the lest, it will result in a one- year suspension of driver's license. The alcohol screening test is completed by blowing into a hand-held breath-testing device. CSUF campus police said they will soon start using the device. "There is a good chance we'll have them before this summer, but when you're buying for the government, it takes time," said Sgt Richard Snow of CSUF Police Department. Snow said they cost about S700 a piece. The preliminary alcohol screening tests come in different sizes and shapes. The type CSUF police have chosen is the same as Fresno and Clovis police departments and has the size and shape of a cigarette pack with a little mouth lube to blow in. Snow said he supports the new regulation. "It's going to affect you even aftcrO.01 percent," he said. "I wish for even ioughcr laws also against drivers over 21." Government officials said the reason for the new law is young drivers' major contribution to alcohol-related traffic accidents. "Every year, drinking drivers undcr21 yearsofage maim and kill drivers or pedestrians, causing not only untold grief and suffering, but also causing unnecessary increases in automobile insurance rates," reads statistics from the DMV Office of Communications. In 1990, this group of drivers killed 60 Califomians and injured an additional 1,591 persons. " Drunk driving laws have pro ven to save lives," said DMV spokesperson Nossoff. "Because most traf-. fie deaths are caused by young and unexperienced drivers, 'zero tolerance" will hopefully contribute to a decline in the death rate." Out of 41 traffic mortalities in Fresno last year, 21 were drug and alcohol related, according to FPD statistics. Drunk drivers between 15 and 24 are responsible for the majority of the traffic fatalities in Fresno. "D.U.I.S (driving under the influence) arc three, four or five times higher among drivers under 21," he said. Mothers Against Drunk Driving (M ADD) also support the new legislation. "Of course wc think it will be effective [SB 689]." said Fresno MADD spokesperson Frank A. Rosita. MADD reported a decline in alcohol-related traffic fatalities because of stricter laws for young drivers. An estimated 18,000 Americans died in alcohol-related traffic accidents in 1992, constituting 45 percent of the nearly 40,000 total U.S. traffic fatalities. MADD numbers show a 13 percent decrease in traffic fatalities involving drivers between 18 and 20 from 1991 to 1993. The national organization relates the change to stricter minimum drinking age laws. It's illegal for persons under 21 in all 50 states to purchase or possess alcoholic beverages. However, until recently there has been no See DUI, Page 3A Insane controversy over jail dodging Diane Greeley INSIGHT Bradford Lang said he thought Betty Perciria was a witch—so he killed her. And despite his plead of not guilty by reason of insanity .jurorsfound Lang legally sane on April 8 and will sentence him at the Fresno County Courthouse on May 6. The defense Lang used was from a controversial portion of law because of the perception that it allows criminals to avoid prison sentences. Lang's defense attorney, Mike Castro, said it isn't a loophole because many legally insane people arc kept in institutions the rest of their lives — a possibility Lang faced. "The likelihood that Brad would have gotten out (of an institution) was slim. He has a better chance of getting out of the state prison system," Castro said. The prosecuting attorney in thecase, James Oppliger acknowledges that many arc institutionalized beyond the length of a jail term but still sees problems in the system. "I don't give a shit if he is mentally ill. He is more dangerous than a sane person. I'd just as soon there was no insanity defense," Oppliger said. "Put them in prison for however long then send them to a mental institution." Oppliger explained that this viewpoint, which exceeds current law, acknowledges the need to help these people, but places treatment during or after ihc prison sentence. The current law, however, sets up strict processes intended to prevent loopholes. The process begins before the defendant's sanity is questioned with a trial phase to establish guilt or inno- ^^""^^^« cence. "Normally,a defendant enters two pleas; not guilty and notguilty by reason of insanity. The reason is when you do not enter 'not guilty', and only 'not guilty by reason of insanity', yo arcadmittingguilt, said Superior Court Judge Gary Hoff. To avoid this admission, Lang, for example, had a trial which established his guilt before he pleaded not guilty by reason of insanity. After guilt is established, the second phase of the trial begins and the question changes to why the defendant did it The insanity plea is then entered by the defendant himself rather than his attorney, who would usually enter a pica for his client. This is to be sure ihc defendant understands he may be instill, Hoff said. Oppliger said that to be considered insane, the defendant, at the lime of ihc crime, must noi know cilher the nature and quality of the act or that it is wrong in ihc eyes of society. "In ihc icsi. ihc icrm wrong means both legally and morally wrong. A "/ don't give a shit if he is mentally ill. He is more dangerous than a sane person. I'd just as soon there was no insanity defense. Put them in prison for however long then soTofu^ir/.you send them to a mental institution." — James Oppliger, prosecuting attorney violation of generally accepted standards of moral obligation," Hoff said. This is the modified M'Naghten lest and according to Oppliger, it is one of ihc toughest insanity rules in the country. To prove the test criteria satisfied, Lang had the burden-ofproof; meaning the defense had to prove him insane when he committed ihc crime. That was a difficult task because it almost means reading a person's mind lo find ihc reason for killing. Oppliger told the story of a different murderer whose defense didn't work. "One mass murderer was killing because it was his sincere belief thai by killing people he was preventing earthquakes. He though he was saving California." he said. mm^^^^m "The defease said he didn'tknow right from wrong. Itdidn'i work," Oppliger said, and the jury found him sane. However, another case did work. The defendant had killed his wife truly believing it would prevent a communisi regime from taking over die country. He thought the death would get enough people's attention that they would hear him and slop the communists. He thought society would forgive him and hail him as a hero. But in Lang's case the main argument was that Lang thought the clerk he occasionally saw in a thrift store, Pereiria, was a witch. The defense said that he thought it morally right to kill a witch. * This led Castro to pursue ihc insanity plea, knowing that Lang may have been hospitalized for life. "If s an interesting position for me as his attorney. He needs lo be separated from the rest of society," Castro Oppliger, howcver.argucd thai Lang was legally sane at the time of the murder. He fell Lang knew what he was doing and that society would condemn it. Bui he doesn't dispute Lang's menial illness. "This guy is mentally ill but it is possible to have a mental illness and not be legally insane," he said. This is why the evidence of court- appointed psychologists is vital to resolving the dispute. Psychologists look forevidence of a severe mental disorder such as schizophrenia or manic depression, said Howard Terrell, a psychologist who has been a judges' expert in over 300 trials. There must be a loss of contact wiih reality such as dillusions or hallu- sevcrc enough to stop dis- of right and wrong. Terrell gave the example of someone seeing a fire-breathing dragon about to devour people whole. So he would take a sword and fight off the dragon. But in the morning, the person discovers it was really his best friend who had been smoking acigarette. And he lulled him with a butter knife, not a j sword. Previous mental history is also as important as the circumstances of the crime. "You also want to look at prior | See INSANITY, Page 4A Past evidence |JC1 IIIIKMUIC in rape cases AdrionneGo INSIGHT A recent California Supreme Court ruling has given prosecutors powerful ammunition in future criminal cases involving sexual assaulL In two separate cases, the court voted to allow for an expansion of evidence that can be used by prosecutors to establish a common plan or scheme carried out by a defendant The court's 6-1 vote is positive news for prosecutors. "(The ruling) is not a brand new startling event that will open die door to anything, but il will be easier to bring in past evidence," said Liz Miichell, deputy district attorney for Fresno County. Mitchell estimates that the DA's office prosecutes 80 to 100 rape cases a year. She said prior actsof misconduct have previously been allowed in cases to establish identification and motive. However, Mitchell said the recent ruling will result in a much broader discretion for the courts to allow prior criminal acts that were committed by the defendant "They've relieved us of a lot of the rcsiriclions that were imposed on bringing those acts in," she said. Two cases The courts ruled in one case that evidence of uncharged crimes is admissible to establish a common plan for charged and uncharged crimes. The court found thai Craig Ewoldt of Santa Clara County could be convicted for committing lewd acts upon his stepdaughter based on evidence that showed he had performed the same uncharged lewd acts upon her older sister nearly 13 years earlier. According to Don Penner, assistant district attorney for Fresno County, the ruling even alio ws for uncharged crimes that have exceeded the statute of 1 imitations to be brought in as evidence. "Frequently, in large families, where one membcrhas been a victim of incest, the others will be, too," Penner said. Currently, there is a higher incidence of child molestation reporting in Fresno County as compared to the past 15 years, he said. "This case will allow us to have the older sibling testify and it will lenda lot of strength to the young victim on molestation cases, particularly incest, if it is repeated," Penner said. Often the defendant will come up wilh a reason for the victim to lie, but when there arc other victims available to testify, Penner said it is difficult to gauge how far trial judges will go in these types of cases. "I think (the court's ruling) is a big item in favor of the victim," he said. In a second corresponding case, the California Supreme Court found that evidence of a similar crime committed out- of-state is admissible to show a common scheme or plan. Jason Balcom.the defendant, was charged with robbing and raping a San ta Ana woman. Prior lo the chargcaMichigan woman had claimed that Balcom also raped her. The court found that the Michigan woman's testimony was admissible to demonstrate a See RUUNG, Page 4A
Object Description
Title | 1994_05 Insight May 1994 |
Alternative Title | Insight (California State University, Fresno) |
Publisher | Dept. of Journalism, California State University, Fresno. |
Publication Date | 1994 |
Description | Weekly during the school year. Vol. 1, no. 1 (Oct. 8 1969-v. 29, no. 23 (May 13, 1998, issue. Title from masthead. Merged with Daily collegian. |
Subject | California State University, Fresno -- Periodials |
Contributors | California State University, Fresno Dept. of Journalism |
Coverage | October 8, 1969 - May 13, 1998 |
Format | Microfilm reels, 35mm |
Technical Information | Scanned at 600 dpi, TIFF; Microfilm ScanPro 2000 "E-image data" |
Language | eng |
Description
Title | 013_Insight May Special Section p 1A |
Alternative Title | Insight (California State University, Fresno) |
Publication Date | 1994 |
Full-Text-Search | An in-depth look at laws, legislation and recent court rulings affecting the future. Wednesday, May 5,1994 Special Section, 1A CALIFORNIA STATE UNIVERSITY, FRESNO ^jCiu unci mice mw iui jluja IngerSethov INSIGHT Motorists under 21 should swap their beer cans for root beer bottles afteraJan.l law which gives thego- ahead for California police officers to suspend licenses on the spot of drivers under21 having any trace of alcohol in their system. "From now on there is zero tolerance," said traffic analyst Lu Ann Fouts of the Fresno Police Department, Fouts said the new law makes it illegal for drivers under 21 to drive after consuming less than one beer. The "zero tolerance measure," SB689,prohibitspersons under21 from driving with a blood alcohol level of 0.01 percent, a little more than the potency of cough medicine, or higher. It also requires the California Dcpartmcntof Motor Vehicles to immediately suspend the violator's drivers license for one year. "I'm mystified by California law that on one hand prohibits persons under 21 from buying alcohol and on the other hand didn't punish this age group when drinking and driving unless the blood alcohol content was above 0.08 percent," said state Sen. Qucntin Kopp. 8th. District. San Francisco-San Mateo, who introduced thcbill in September 1993. Since the law took effect Jan. 1, more than 2,000youngdrivers have felt the repercussions of the law. said Evan Nossoff, DMV spokesperson. Former CSUF business student Rosalca Castro, 22, said she supports stricter drunken driving laws for young drivers. Casiro learned the hard way. On Nov. 28,1990. Castro drove home from her uncle's wedding in Arvin, Calif. She made a wrong turn and police pulled her overdose to her home. "They said my car was weaving a little and that the tags on my car had expired," said Castro, who later dropped out of CSUF after being unable to meet the expenses of school and her drunken driving pen- ALCOHOL-REUTED TRAFFIC FATAUTIES Alcohol-related Traffic Mlities: Age 15-24 8,122 7,002 6,856 6,245 5,085 Traffic Fatalities: All Ages 45.1%1 Sourer Nariorul Highwy Traffi< Safety AdminL Total Egjf Traffic Fatalities Percentage Alcohol-related FiuJ Acculcni Reporting Synrm, I993 allies. "He asked me if I had been drinking. I said, 'no.' He said he was going to let me go, but since I lied, he took me in." Castro failed a field sobriety test and was arrested for driving under the influence/ The California Vehicle Code (CVC) reads, "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle." The code defines a driver under the influence as one with blood alcohol level above 0.08 percent. The law that changed the legal limn from 0.12 to 0.08 percent became effective in January 1990. Castro tested 0.16 percent, twice the legal limit, on the breathalizcr test at ihc Arvin City Jail. "It was so awful. Ididn'tknow what was going to happen," she said. "I cried and cried. My eyes were swollen red." Castro spent the night in jail alone. "They asked me if I wanted to use the phone, but I didn "t have anybody to call. I couldn't tell my mom — I was so embarrassed and I d idn' t want to worry her," Casiro said. "Eventually. I had to tell her, because the car was towed and it was her car." Castro'spublicdcfcndcradviscdhcr to plead guilty. She did and was punished witha two-year suspensionof her driver's license, a S l ,200 fine, an order to attend eight Alcoholics Anonymous (AA) meetings and three years of probation. The maximum penalty for drunken driving in California, not including involvement in an accident, arc fines of up to $2,500, six months in jail, drivers license suspension, five years probation and a permanent criminal misdemeanor record. This year in Fresno County, more than 5,000 drivers were arrested with a blood alcohol level above 0.08 percent, said traffic analyst Fouls. The new 'zero tolerance' measure has already lead lo an increased number of driver's license suspensions. SB 689 is a DMV regulation noi subject to criminal trial, but requiring police officers to lake immediate action if there is a reasonable cause to believe that a driver under 21 has been drinking. The law, approved by Gov. Wilson Oct. 7,1993. reads: "It is unlawful to drive with a blood-alcohol concentration of 0.01 or greater, as measured by a preliminary alcohol screening test." I f a person refuses to take, or fails to complete the lest, it will result in a one- year suspension of driver's license. The alcohol screening test is completed by blowing into a hand-held breath-testing device. CSUF campus police said they will soon start using the device. "There is a good chance we'll have them before this summer, but when you're buying for the government, it takes time," said Sgt Richard Snow of CSUF Police Department. Snow said they cost about S700 a piece. The preliminary alcohol screening tests come in different sizes and shapes. The type CSUF police have chosen is the same as Fresno and Clovis police departments and has the size and shape of a cigarette pack with a little mouth lube to blow in. Snow said he supports the new regulation. "It's going to affect you even aftcrO.01 percent," he said. "I wish for even ioughcr laws also against drivers over 21." Government officials said the reason for the new law is young drivers' major contribution to alcohol-related traffic accidents. "Every year, drinking drivers undcr21 yearsofage maim and kill drivers or pedestrians, causing not only untold grief and suffering, but also causing unnecessary increases in automobile insurance rates," reads statistics from the DMV Office of Communications. In 1990, this group of drivers killed 60 Califomians and injured an additional 1,591 persons. " Drunk driving laws have pro ven to save lives," said DMV spokesperson Nossoff. "Because most traf-. fie deaths are caused by young and unexperienced drivers, 'zero tolerance" will hopefully contribute to a decline in the death rate." Out of 41 traffic mortalities in Fresno last year, 21 were drug and alcohol related, according to FPD statistics. Drunk drivers between 15 and 24 are responsible for the majority of the traffic fatalities in Fresno. "D.U.I.S (driving under the influence) arc three, four or five times higher among drivers under 21," he said. Mothers Against Drunk Driving (M ADD) also support the new legislation. "Of course wc think it will be effective [SB 689]." said Fresno MADD spokesperson Frank A. Rosita. MADD reported a decline in alcohol-related traffic fatalities because of stricter laws for young drivers. An estimated 18,000 Americans died in alcohol-related traffic accidents in 1992, constituting 45 percent of the nearly 40,000 total U.S. traffic fatalities. MADD numbers show a 13 percent decrease in traffic fatalities involving drivers between 18 and 20 from 1991 to 1993. The national organization relates the change to stricter minimum drinking age laws. It's illegal for persons under 21 in all 50 states to purchase or possess alcoholic beverages. However, until recently there has been no See DUI, Page 3A Insane controversy over jail dodging Diane Greeley INSIGHT Bradford Lang said he thought Betty Perciria was a witch—so he killed her. And despite his plead of not guilty by reason of insanity .jurorsfound Lang legally sane on April 8 and will sentence him at the Fresno County Courthouse on May 6. The defense Lang used was from a controversial portion of law because of the perception that it allows criminals to avoid prison sentences. Lang's defense attorney, Mike Castro, said it isn't a loophole because many legally insane people arc kept in institutions the rest of their lives — a possibility Lang faced. "The likelihood that Brad would have gotten out (of an institution) was slim. He has a better chance of getting out of the state prison system," Castro said. The prosecuting attorney in thecase, James Oppliger acknowledges that many arc institutionalized beyond the length of a jail term but still sees problems in the system. "I don't give a shit if he is mentally ill. He is more dangerous than a sane person. I'd just as soon there was no insanity defense," Oppliger said. "Put them in prison for however long then send them to a mental institution." Oppliger explained that this viewpoint, which exceeds current law, acknowledges the need to help these people, but places treatment during or after ihc prison sentence. The current law, however, sets up strict processes intended to prevent loopholes. The process begins before the defendant's sanity is questioned with a trial phase to establish guilt or inno- ^^""^^^« cence. "Normally,a defendant enters two pleas; not guilty and notguilty by reason of insanity. The reason is when you do not enter 'not guilty', and only 'not guilty by reason of insanity', yo arcadmittingguilt, said Superior Court Judge Gary Hoff. To avoid this admission, Lang, for example, had a trial which established his guilt before he pleaded not guilty by reason of insanity. After guilt is established, the second phase of the trial begins and the question changes to why the defendant did it The insanity plea is then entered by the defendant himself rather than his attorney, who would usually enter a pica for his client. This is to be sure ihc defendant understands he may be instill, Hoff said. Oppliger said that to be considered insane, the defendant, at the lime of ihc crime, must noi know cilher the nature and quality of the act or that it is wrong in ihc eyes of society. "In ihc icsi. ihc icrm wrong means both legally and morally wrong. A "/ don't give a shit if he is mentally ill. He is more dangerous than a sane person. I'd just as soon there was no insanity defense. Put them in prison for however long then soTofu^ir/.you send them to a mental institution." — James Oppliger, prosecuting attorney violation of generally accepted standards of moral obligation," Hoff said. This is the modified M'Naghten lest and according to Oppliger, it is one of ihc toughest insanity rules in the country. To prove the test criteria satisfied, Lang had the burden-ofproof; meaning the defense had to prove him insane when he committed ihc crime. That was a difficult task because it almost means reading a person's mind lo find ihc reason for killing. Oppliger told the story of a different murderer whose defense didn't work. "One mass murderer was killing because it was his sincere belief thai by killing people he was preventing earthquakes. He though he was saving California." he said. mm^^^^m "The defease said he didn'tknow right from wrong. Itdidn'i work," Oppliger said, and the jury found him sane. However, another case did work. The defendant had killed his wife truly believing it would prevent a communisi regime from taking over die country. He thought the death would get enough people's attention that they would hear him and slop the communists. He thought society would forgive him and hail him as a hero. But in Lang's case the main argument was that Lang thought the clerk he occasionally saw in a thrift store, Pereiria, was a witch. The defense said that he thought it morally right to kill a witch. * This led Castro to pursue ihc insanity plea, knowing that Lang may have been hospitalized for life. "If s an interesting position for me as his attorney. He needs lo be separated from the rest of society," Castro Oppliger, howcver.argucd thai Lang was legally sane at the time of the murder. He fell Lang knew what he was doing and that society would condemn it. Bui he doesn't dispute Lang's menial illness. "This guy is mentally ill but it is possible to have a mental illness and not be legally insane," he said. This is why the evidence of court- appointed psychologists is vital to resolving the dispute. Psychologists look forevidence of a severe mental disorder such as schizophrenia or manic depression, said Howard Terrell, a psychologist who has been a judges' expert in over 300 trials. There must be a loss of contact wiih reality such as dillusions or hallu- sevcrc enough to stop dis- of right and wrong. Terrell gave the example of someone seeing a fire-breathing dragon about to devour people whole. So he would take a sword and fight off the dragon. But in the morning, the person discovers it was really his best friend who had been smoking acigarette. And he lulled him with a butter knife, not a j sword. Previous mental history is also as important as the circumstances of the crime. "You also want to look at prior | See INSANITY, Page 4A Past evidence |JC1 IIIIKMUIC in rape cases AdrionneGo INSIGHT A recent California Supreme Court ruling has given prosecutors powerful ammunition in future criminal cases involving sexual assaulL In two separate cases, the court voted to allow for an expansion of evidence that can be used by prosecutors to establish a common plan or scheme carried out by a defendant The court's 6-1 vote is positive news for prosecutors. "(The ruling) is not a brand new startling event that will open die door to anything, but il will be easier to bring in past evidence," said Liz Miichell, deputy district attorney for Fresno County. Mitchell estimates that the DA's office prosecutes 80 to 100 rape cases a year. She said prior actsof misconduct have previously been allowed in cases to establish identification and motive. However, Mitchell said the recent ruling will result in a much broader discretion for the courts to allow prior criminal acts that were committed by the defendant "They've relieved us of a lot of the rcsiriclions that were imposed on bringing those acts in," she said. Two cases The courts ruled in one case that evidence of uncharged crimes is admissible to establish a common plan for charged and uncharged crimes. The court found thai Craig Ewoldt of Santa Clara County could be convicted for committing lewd acts upon his stepdaughter based on evidence that showed he had performed the same uncharged lewd acts upon her older sister nearly 13 years earlier. According to Don Penner, assistant district attorney for Fresno County, the ruling even alio ws for uncharged crimes that have exceeded the statute of 1 imitations to be brought in as evidence. "Frequently, in large families, where one membcrhas been a victim of incest, the others will be, too," Penner said. Currently, there is a higher incidence of child molestation reporting in Fresno County as compared to the past 15 years, he said. "This case will allow us to have the older sibling testify and it will lenda lot of strength to the young victim on molestation cases, particularly incest, if it is repeated," Penner said. Often the defendant will come up wilh a reason for the victim to lie, but when there arc other victims available to testify, Penner said it is difficult to gauge how far trial judges will go in these types of cases. "I think (the court's ruling) is a big item in favor of the victim," he said. In a second corresponding case, the California Supreme Court found that evidence of a similar crime committed out- of-state is admissible to show a common scheme or plan. Jason Balcom.the defendant, was charged with robbing and raping a San ta Ana woman. Prior lo the chargcaMichigan woman had claimed that Balcom also raped her. The court found that the Michigan woman's testimony was admissible to demonstrate a See RUUNG, Page 4A |