Benoit Empowers Victims To Testify Against Criminals - Even From Hospital
Posted by: Dave Everett | 05/22/2008 8:44 AM
In California, our legislators tend to have more compassion for the criminals than they do for the victims of crimes. That is why the people have had to go to the ballot box to get tough on crime measures like 3 Strikes, Prop. 187, and Jessica's Law. And sometimes the judicial branch throws out those voter-approved measures anyway, but I digress...
I wanted to highlight what I thought was a cool bill that a local Republican actually got through the legislature past all of these "criminal-protecting" bleeding hearts on the left. The bill, AB 1158, is authored by Riverside Republican John Benoit. Benoit is running against Russ Bogh for State Senate on June 3rd. It would basically let victims testify in trials from the hospital via video conferencing instead of having to be physically in court.
Sounds good to me. Criminals shouldn't get away with victimizing people in our neighborhoods just because a witness has bad health. The tougher we are on these thugs, the less they will want to stay in California. And how often do we see areas of our state and federal laws that need to be repealed or updated to reflect 21st Century technology? Too often if you ask me.
But I must say that even though I seem to get upset with the Governor weekly at this point over some anti-Republican position or vote, he did do a good thing signing this one.
For Immediate Release:
Friday, May 16, 2008
Governor Schwarzenegger Signs Legislation to Help Crime Victims Seek Justice
Governor Arnold Schwarzenegger today signed AB 1158 by Assemblyman John J. Benoit (R-Bermuda Dunes), which authorizes the use of two-way video conferencing technology in the courtroom to examine sick or infirm witnesses.
"We must do everything we can to help crime victims seek justice," Governor Schwarzenegger said. "This legislation gives us another tool to protect our most vulnerable citizens. By allowing sick or infirm witnesses to use this already-existing video conferencing technology, this bill ensures that victims are able to seek justice while respecting the rights of the accused in a criminal trial."
Penal Code section 1340 provides a defendant with the right to be present in person and with counsel during the conditional examination of a witness. AB 1158 modifies section 1340, allowing the use of contemporaneous two-way video conferencing if the court determines that a witness to be examined is too sick or infirm to attend the examination in person.
Currently, seniors in poor health, or who have been relocated by family for their own safety, are often unable to make it to the witness stand. Without their physical attendance at trial, the suspect avoids prosecution. Justice is denied to the victim and the criminal is free to continue abusing others. This already-existing interactive video conferencing technology allows for both the witness's right to testify in a criminal case and the protection of the rights of the accused to question witnesses. AB 1158 ensures the testimony of victimized seniors against unexpected or unpreventable circumstances, while respecting the rights of defendants.
The Governor also signed AB 2215 by Assemblymember Tom Berryhill (R-Modesto), which redefines select custodial officers and peace officers, and AB 2574 by Assemblymember Bill Emmerson (R-Rancho Cucamonga), which creates a pilot program that authorizes the sheriff of certain counties to spend money from the inmate welfare fund for the purpose of assisting indigent inmates with the re-entry process.
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That's only in tha Mornin', sposed to be up cookin brefast for somebody...its like an alarm clock Woo...
http://docs.google.com/Doc?id=dc9c3grn_3108cnbsv5dc
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Riverside County Coverup
To National Association of Victims
Date: Mon, Jul 21, 2008 at 6:07 PM
To: lisa@lisanerenberg.com
Regarding my Father Gordon Nye Frank and Lee Frank 16789 Valley Hi Dr, Banning CA 92220
Elder Homicide in Riverside County- case closed by exception. Da said they called it a mutual combat when the only person who hit was the 27 year old.
Aug. 5 2007 my 68 yr old father was attacked in front of my 72 year old mother. Both Nye and Lee Frank have never been involved with the law. The 27 year old( 40 years diff) Ty Reddish has professional wrestling training. He admits on the audio tapes he used signature choke holds on my dad. The police interviews reveal that the guy has a combative disorder. Also it reveals a personal relationship with the father of the guy and the DA office. The case was closed without investigation as a mutual combat. There is not any proof that my father hit ever. And the injuries show a person who was beat with rage. The guy and family have followed my mother, told people not to visit her, or let her in her house. The Riverside Sheriff said that there is nothing they can do. My father led a very public life without violence. This is a terrible experience. We have tried getting help. We were always told by DA also that there is not a elder advocate when the DA just got a award for that division. The fire department put down no injuries on the report. The coroners report has homicide with natural causes as cause of death. The DA kept telling us it was a heart attack when the coroner said it was not. Attorneys say it will take too long to sue and too much money. Where is there justice for my father and mother? We have requested the lab, photos, and xrays and DA says no because we could sue them. The internal affairs was contacted by nova. They gave us the police report and autopsy as the sheriff and DA refused. After listening to the audios we asked them if they are investigation this. They said no they do not investigate just giving us the information. And stated that now that we made a complaint they cannot talk to us. The 27 year old also was never drug tested while on probation for DUI. DA refused to let the judge know before released off probation, and was let out of jail in three days without bail. We keep being told the DA has to be the one to do something. What if they wont as a favor to a friend. Where are my parents rights and protection. Also it is a area with a lot of other seniors. My mothers house is two doors from where this guy plans to put a house. Right across from the mail boxes and news stand. Can anyone or department help. The idea of a private attorney has not worked as it will take my mothers life time income and assests and she will be dead before end of case. Dawana Breedlove 310 619-6260, I can email any documents I have on this case.