C R I M I N A L J U S T I C E L E G A L F O U N D A T I O N CJLF Advisory Volume 37, No. 1 Winter 2019 APPEALS COURT REINSTATES DOUBLE MURDERER’S CONVICTION On January 14, a unanimous panel The Criminal Justice Legal Founda- The case involves the brutal 1981 of the Ninth Circuit Court of Appeals tion had joined the state to request a sexual assaults and murders of 21-year- reinstated the conviction and life with- review of the ruling, arguing that the old Edna Bristol and 16-year-old Kathy out parole sentence of double-murderer two-judge majority had misinterpreted Ryan over a five-day period in Long rapist Francis Hernandez, overturning Strickland. The panel applied a “one Beach, . Both victims had a 2017 ruling by a divided panel of the juror” requirement to the determination been beaten, tortured, and brutally raped same court that had found the conviction of guilt when Supreme Court precedent before being strangled to death. After unconstitutional. only supports applying it to penalty ver- witnesses identified Hernandez with At issue in Hernandez v. Chappell dicts in capital cases in states where a one of the victims on the night she was was the earlier panel’s finding that errors single juror can block a death verdict. killed, a police search of his house and made by the defense counsel during the Writing for the unanimous panel, van uncovered the dead girl’s shoe, jew- trial prejudiced the case. The two-judge Judge declined to elry, fibers, items used in the rapes, and majority held that because of this, under even mention the “one juror” standard. blood, saliva, and semen that matched the U. S. Supreme Court’s 1984 decision “[E]ven assuming that counsel’s per- fluids found on both victims’ bodies. In in Strickland v. Washington, one juror formance was constitutionally deficient, a lengthy tape-recorded statement to po- might have decided not to find the de- as discussed, Hernandez did not suffer lice, Hernandez arrogantly claimed that fendant guilty. Applying this “one juror” any prejudice due to the overwhelming he had consensual sex with both victims standard, the court overturned Hernan- evidence of his intent to rape and murder and that he had accidently killed them. dez’s conviction. Ryan,” she wrote. He admitted burning the victims with a lighter and matches, biting them, and that he “probably” used a baseball bat to penetrate them both. NINTH CIRCUIT TO HEAR PETITION After three decades of court decisions upholding Hernandez’s conviction, a TO LIFT EXECUTION STAYS Ninth Circuit panel consisting of Judge , , and In October 2018, on behalf of the families of five murder victims whose Jacqueline Nguyen reviewed Hernán- murderers are on California’s death row, the Criminal Justice Legal Foundation dez’s appeal in 2015. On November asked to file an amicus curiae (friend of the court) brief challenging the 24 stays 25, 2017, Judge Pregerson, whom the of execution granted since 2006 by a federal district court in . In Times described as among November, District Judge Richard Seeborg announced that he would not consider the most liberal federal judges in the CJLF’s brief. country, died. A month later, the panel On January 22, 2019, on behalf of the same two families, CJLF filed a Peti- announced a divided ruling overturning tion for Writ of Mandamus in the Ninth Circuit Court of Appeals (In re Kermit Hernandez’s conviction. The majority Alexander), asking for an order to vacate all of the stays of execution, prohibit opinion by Judge Reinhardt and “joined” the district court from granting any additional stays, and lift restrictions on prepa- by the then-deceased Judge Pregerson rations for executions. announced its conclusion that by fail- On February 5, 2019, the Ninth Circuit ordered attorneys for the 24 condemned ing to attempt a mental defense the de- murderers, the state Department of Corrections and Rehabilitation (CDCR), the fense attorney had been ineffective. The warden of San Quentin, and Governor Gavin Newsom to submit argument within majority further concluded that, if the 21 days. mental defense had been presented, at As noted in the Fall Advisory, for 13 years, two federal district judges in San least one juror might have been swayed Francisco have blocked the executions of every eligible death-sentenced murderer to find Hernandez innocent. Because of in California. The original 2006 order stayed the execution of Michael Morales, this, they concluded, the conviction was continued on page 2 continued on page 4 The Criminal Justice Legal Foundation is a nonprofit, public interest law foundation representing the interests of law-abiding SAN DIEGO DISTRICT ATTORNEY citizens in court. CJLF is an independent corporation supported by tax-deductible ADDRESSES ATTENDEES AT contributions from the general public and is qualified under IRC 501(c)(3). CJLF does CJLF ANNUAL MEETING not engage in any form of political or lobbying activity. The Advisory is published by the The Criminal Justice Legal Foundation held Criminal Justice Legal Foundation, Michael its first board meeting of 2019 on February 26 in Rushford, Editor, 2131 L Street, Sacramento, Los Angeles. The luncheon portion of the meet- California 95816, (916) 446-0345. ing featured a compelling presentation by Summer OFFICERS Stephan, the newly elected District Attorney of San Chairman Emeritus...... Jan J. Erteszek Diego County. Last November, Stephan fended off a Chairman...... Rick Richmond challenge by a public defender with over $1 million Vice Chairman...... Terence L. Smith in contributions from liberal hedge-fund billionaire President & CEO...... Michael Rushford George Soros to win the election by the largest mar- Secretary/Treasurer...... Gino Roncelli gin in the county’s history. In her remarks, District Attorney Stephan detailed the aggressive effort to BOARD OF TRUSTEES eliminate the consequences for crime that the state WILLIAM E. BLOOMFIELD, JR. legislature and Governor Brown have engaged in Chairman, Web Service Company over the past eight years and the impact this effort Summer Stephan JERRY B. EPSTEIN has had on public safety in California. San Diego Co. District Attorney Founder and General Partner Del Rey Shores and Marina Harbor MICHAEL H. HORNER, President Tom Sawyer Camps, Inc. “NINTH CIRCUIT TO HEAR PETITION” SAMUEL J. KAHN, President continued from front page Kent Holdings and Affiliates sentenced to death for the 1981 kidnap, the initiative, filed the day after it passed, RICK RICHMOND, Managing Partner rape, and brutal murder of high school took the California Supreme Court a year Jenner & Block cheerleader, Terri Winchell, in Lodi. Then to resolve. CJLF played a major role in R. HEWITT PATE sitting judge Jeremy Fogel issued a federal both drafting Proposition 66 and winning Vice President & General Counsel injunction finding that the state’s three- the decision to uphold it. CDCR then is- Chevron Corporation drug protocol amounted to cruel and un- sued a new execution protocol. GINO RONCELLI, Founder & CEO usual punishment in violation of the Eighth Since October 2017, after Attorney Roncelli Plastics, Inc. Amendment and granted the stay. For the General Xavier Becerra failed to respond MARY J. RUDOLPH, Director next five years, Judge Fogel continued to to CJLF’s written request to appeal the The Erteszek Foundation grant stays to other condemned murderers invalid stays, Judge Seeborg has rejected a MICHAEL RUSHFORD for the same reason. In 2011, Judge Fogel petition from district attorneys asking him President & CEO took an administrative post, and Judge See- to apply the law and overturn the stays Criminal Justice Legal Foundation borg was assigned to the case. That judge and denied CJLF the right to submit argu- ment on behalf of the families of murder WILLIAM A. SHAW, President & CEO has continued to grant stays, even after the Roxbury Properties, Inc. state had abandoned the execution method victims. that justified them. “For 13 years, a single federal judge has TERENCE L. SMITH, Partner In November 2016, California voters been allowed to illegally block enforce- TLS Logistics, LLC adopted Proposition 66, a ballot measure ment of California’s death penalty because HON. PETE WILSON to speed up enforcement of the death pen- neither the Governor, the CDCR under 36th Governor of California alty. Among its provisions, the measure his control, nor the Attorney General have exempted execution protocols from the been willing to take the legal action avail- LEGAL DIRECTOR & GENERAL COUNSEL burdensome Administrative Procedure able to them,” said CJLF Legal Director KENT S. SCHEIDEGGER Act, restoring the law to what it was under- Kent Scheidegger. “Because of this, we stood to be before an erroneous California are taking that action, to uphold the right LEGAL ADVISORY COMMITTEE Court of Appeal decision in 2008. This act of the people of California and the families HON. EDWIN MEESE III had been misused to prevent CDCR from of murder victims to put an end to this ob- Former United States Attorney General issuing new procedures to meet the federal struction and enforce the law.” HON. EDWARD PANELLI court’s requirements. A legal challenge to Watch for developments in this case in Justice, California Supreme Court (Ret.) future editions of the Advisory.

Advisory layout design by Irma H. Abella

2 ADVISORY Winter 2019 VIEWPOINT WHAT LEAVES BEHIND Several columns have been written for condemned murderers and refusing to about what will be four-term California challenge the California Department of Governor Jerry Brown’s legacy. One Corrections and Rehabilitation’s release recent piece recounted how Brown, of 20,000 sexually violent predators when asked by a reporter early last year without the legally required psychiatric what he considered his legacy would be, screening. responded, “Governors don’t have leg- Shortly after beginning his third term acies. That’s my number 1 proposition.” as Governor, it became obvious that He is wrong, of course. As with all past Brown had shed his pragmatism on the governors, the people of California are crime issue. In April 2011, four months going to have to live under the policies after taking office, Brown signed AB and decisions Jerry Brown has made 109 into law. The 423-page bill, passed over the past eight years, just as they did through both houses on a party-line vote after his first two terms in the Governor’s Governor Jerry Brown with no committee hearings, gutted the office. state parole system and dumped roughly Much of the focus has been about anti-crime bills had either failed to pass 30,000 habitual felons released over the Brown’s policies on the environment, out of the Legislature or were vetoed by next two years from state prison onto public employee unions, infrastructure, the Governor, Republican legislators and county probation departments. The the state budget, health care, social jus- victims’ groups put them into Proposition bill, which proponents called “Public tice, and the economy, but the greatest 8, the “Victims’ Bill of Rights” initiative. Safety Realignment,” prohibited state impact on law-abiding Californians will, Brown opposed it, but the voters passed prison sentences for virtually all property without question, come from his ap- it by 56.4%. crimes, most drug crimes, and other ser- proach to crime. The Governor was far less concerned ious crimes, such as domestic violence. During his first two terms (1975- about the political consequences of his No matter how many times a criminal 1983), while Democrats held a majority judicial appointments. During his first committed these offenses, the highest in the State Legislature, the two parties two terms, he packed the California sentence an offender could get was time were less polarized. A law and order courts with liberal, mostly pro-defend- in county jail. As the jails began filling to Republican was the Attorney General, ant, judges. He appointed Rose Bird (his capacity, sheriffs were forced to release and crime in California was increasing Secretary of Agriculture and a former thousands of repeat felons early, some rapidly with polls showing it as a leading public defender) as Chief Justice of the after serving only a few weeks. public concern. In this climate, while it state Supreme Court, and appointed two In 2013, Governor Brown signed was apparent that the Governor’s sym- other liberals, Joseph Grodin and Cruz AB 4, “The Trust Act,” which prohibits pathies were with criminal defendants, Reynoso, to serve with her. Often joined county sheriffs from holding criminal il- politics required that he be pragmatic, by Governor Pat Brown’s appointee legal aliens for deportation by ICE, and resulting in him signing a mixed bag Stanley Mosk, the majority’s rulings in another law, AB 60, which since 2015, of laws dealing with crime. In 1976, both criminal and civil cases were so has allowed over one million illegal im- he agreed to sign SB 42, a bipartisan controversial that, in 1986, state voters migrants to obtain driver’s licenses. bill to require fixed sentences for most made history by rejecting all three Jerry In 2014, the ACLU and groups funded crimes (determinate sentencing), but Brown appointees for a second term. by billionaire George Soros pooled only after insisting that the sentences be In the 25 years after Brown left office, roughly $10 million to fool state voters low. The next year, with support from the public enacted 13 ballot measures to into passing an initiative called “The district attorneys, police, and sheriffs, fix problems with the criminal justice Safe Neighborhoods and Schools Act.” and a growing victims’ rights movement, system (some created by his judges) and Proposition 47 converted many drug fel- Republicans got bipartisan support for crack down on habitual criminals. Dur- onies and all property crimes valued at AB 476, a bill increasing the sentences, ing that period, Brown ran for President $950 or less to misdemeanors. Governor which Brown reluctantly signed. In twice and U. S. Senate once. In 1999, he Brown, campaigning for his fourth term, 1977, the Legislature voted to override got himself elected Mayor of Oakland as took no position. But his Lieutenant the Governor’s veto of a bill to restore a crime fighter. During his eight years Governor, Gavin Newsom, and the state the death penalty, and voters passed an as Mayor, violent crime in Oakland Democratic Party he led, supported it. initiative strengthening it the next year. increased 32% and murders more than Two years later, the Governor quali- He signed an “inmates bill of rights” doubled. In 2007, Brown ran for Cali- fied Proposition 57, The Public Safety bill, but also signed the “Use a gun go to fornia Attorney General, promising to and Rehabilitation Act of 2016, for prison” law— a bipartisan bill to require enforce the death penalty and keep repeat the November ballot. Brown contrib- a mandatory year in prison for criminals offenders behind bars. He did neither, uted $4.1 million from his campaign war who used guns. By 1982, after several passing up opportunities to speed appeals continued on page 4

Winter 2019 ADVISORY 3 “BROWN’S LEGACY” the couple because he wanted to know what it felt like. By sign- continued from page 3 ing SB 1437, the Governor abolished the felony-murder rule, chest, while Soros kicked in over $5.8 million. The initiative, which will permit hundreds of accomplices to murder during which was billed as providing nonviolent offenders a chance for the commission of a felony to get an early release from prison. early release and rehabilitation, passed despite warnings from It will also protect future defendants from the consequences district attorneys and sheriffs that the measure would allow for the natural and probable results of a crime in which they habitual felons with priors for rape and murder to gain release. willingly participated—such as a gang member driving the car The Governor denied this, but last year a Los Angeles appel- during a drive-by shooting that kills a child. late court and a Sacramento judge both ruled that the warnings Last August the Governor signed SB 10, a bill which elimi- were correct. nates the private bail bond industry in California. The new law Then in 2017, Governor Brown signed three laws, turning requires judges to release arrestees on their own recognizance California into a sanctuary state for illegal immigrants. AB 450 if they are assessed to be “low risk” offenders. The assessment allowed the state to fine businesses up to $10,000 if they cooper- will utilize the same computer software which has allowed so- ate with federal immigration authorities. SB 54 prohibited state called “low risk” prison inmates the freedom to commit rapes and local police and sheriffs’ departments from cooperating and murders after gaining early release under AB 109 and with federal immigration authorities, including notifying ICE Proposition 47. when a criminal alien is released from jail or prison. AB 103 The Governor’s concern for criminals’ rights since returning required the Attorney General to review and report on how state to office in 2011 extended beyond pro-defendant legislation and prisons and jails are protecting the rights of criminal aliens. ballot measures. During his second two terms, Brown granted The Governor also signed SB 620 in 2017. That bill elimin- 1,332 pardons. By contrast granted 15 ated the mandatory sentence increase for the criminal use of a pardons, while Governors Pete Wilson and gave no firearm, allowing judges to give gun-wielding criminals shorter pardons during their terms. sentences. The Governor’s criteria regarding judicial appointments was In 2018, Governor Brown used his last year to deliver addi- similar to his first two terms, choosing mostly academics and tional benefits to criminals. By signing SB 215, Brown allowed social justice advocates. Since 2011 he has appointed over 450 judges to dismiss any criminal charge, with the exception of Superior Court judges, 52 appellate judges, and 4 members of murder, manslaughter, or rape, if the defendant claims a mental the 7-member state Supreme Court. This has put hundreds of disorder played a major role in his commission of the crime. pro-defendant judges in charge of enforcing laws giving new Drug use can qualify as a mental disorder under this law. rights and opportunities for early release to criminals. The Governor also signed SB 1391, which prohibits violent The impact of Governor Brown’s policy choices has been juvenile criminals, aged 14 and 15, from being tried as adults. significant. The annual drop in California crime rates reversed This was great news for murderers like Daniel Marsh, who in the year after his election. Reported property crime initially 2013, at age 15, tortured and mutilated an elderly couple in the rose, then declined after passage of Proposition 47, which con- small college town of Davis. Marsh admitted that he butchered verted thousands of felonies to misdemeanors that are often un- reported. Violent crime, which had steadily declined for all but one of the 17 years prior to his taking office, increased in each of “COURT REINSTATES” the past three years—a trend not seen in California since 1992. continued from front page To paraphrase a former district attorney, “blood will have to be running on the streets before the public demands change.” unconstitutional. Judge Nguyen’s dissent found that the preju- The December 2018 murder of a 33-year-old police officer dice threshold of Strickland had not been met and that it was during a traffic stop in the small town of Newman, California, “not even a close call.” In a footnote, Judge Reinhardt said by an illegal alien with two priors for drunk driving, was the that Judge Pregerson had fully participated in the case and had logical result of the “sanctuary state” laws Governor Brown formally concurred with the opinion before he died. On March signed. The murderer had a driver’s license and had been 29, 2018, Judge Reinhardt, the court’s “liberal lion,” died of a jailed twice for drunk driving, yet police were discouraged heart attack at age 87. from reporting him to ICE and prohibited from holding him Last July, the Ninth Circuit agreed to reconsider the earlier for deportation. The Los Angeles County sheriff’s sergeant ex- ruling, and on September 24, 2018, a reconstituted panel of ecuted in Lancaster in October 2016 and the two Palm Springs the Ninth Circuit made up of Judge Nguyen and Judges Milan officers gunned down three days later were killed by habitual Smith and Kim McLane Wardlaw heard oral argument. The felons who should have been in prison for prior felonies rather decision followed four months later. than free on probation under Governor Brown’s Realignment “This unanimous decision restores justice in a case where law. Thousands of innocent people are becoming crime victims the evidence of intent to rape and murder was so strong that every year because of these laws. the claimed defense error would have made no difference It is hard to imagine what else Jerry Brown could have done to the jury,” said CJLF Legal Director Kent Scheidegger. to guarantee that Californian’s will suffer more crime and vio- “Whether a defense lawyer is required to present a meritless lence over the next two decades. Whether he likes it or not, this mental defense or not, the conviction need not be overturned will be his legacy. when there is no reasonable chance it would have produced a Michael Rushford unanimous ‘not guilty’ verdict,” he added. President & CEO

4 ADVISORY Winter 2019 RULING OVERTURNING MISSOURI KILLER’S DEATH SENTENCE CHALLENGED The U. S. Court of Appeals for the Eighth Circuit is reviewing a District Court ruling overturning the death sen- James and Zelma Long tence of a double-murderer. The case (left) were murdered by Carman Deck (right) after involves the conviction of Carman Deck they let him and his sister for the burglary, robbery, and murder of into their home believing an elderly couple in 1996. During the 12 they needed help. He years following his 1998 conviction and ordered them to lie face down on their bed and sentence, Deck won two appellate court shot each one twice in rulings granting him new sentencing the head. trials. At each new trial, a new jury rec- Deck was convicted and ommended the death sentence. Finally in sentenced in 1998. 2017, Deck won a Federal District Court ruling announcing that the years spent on his resentencing violated his constitu- throughout the house and all the while CJLF has joined the case to argue that tional rights and that the attorney for his begging that he not harm them. After the judge’s ruling creates new rights for third resentencing was incompetent. Deck finished robbing their house, he Deck that have never been identified CJLF has joined the case of Deck stood at the edge of their bed, deliberat- by the U. S. Supreme Court. The 1989 v. Steele on behalf of the family of the ing for 10 minutes over whether to spare Supreme Court decision in Teague v. murdered couple to encourage a decision them. He ignored their pleas and shot Lane (won by CJLF) prohibits the lower overturning that ruling. them each twice in the head. Deck later federal courts from discovering new rules Evidence introduced at trial indicates told police that he shot the Longs because of law on habeas corpus. The Foundation that Carman Deck and his sister went to he thought that they would be able to also notes that a defense attorney who the home of Zelma and James Long in recognize him. does not invent a claim unsupported by the small town of DeSoto, Missouri, on After a third jury sentenced Deck to existing law is not incompetent. a summer evening in 1996. After waiting death in 2008, he petitioned the Federal “Deck would have been executed long for nightfall, Deck and his sister knocked District Court on habeas corpus to review ago if courts had not bent over backwards on the door of the Longs’ home, and his 32 claims of trial, sentencing, and in his favor on his request. It is absurd when Mrs. Long answered, they asked defense counsel errors. The court dis- that this excessive leniency is now cited for directions. Mrs. Long invited them missed 30 of those claims, but upheld the as a reason to let him off permanently,” in, and she and Mr. Long assisted them claim that Deck’s rights were violated by said CJLF Legal Director Kent Scheide- with directions. When Deck moved to- resentencing him so long after the crime gger. “This cold-blooded killer richly ward the door to leave, he drew a pistol, and also found the defense attorney for deserves the sentence that three separate pointed it at the Longs, and ordered them his third sentencing trial incompetent for juries have given him, and the illegal to lie face down on their bed. The Longs not raising that claim. ruling sparing him must not stand,” he did so, offering up money and valuables On behalf of the victims’ family, added.

CJLF is able to fight for common- sense law and order because of the THIS IS MY CONTRIBUTION TO CJLF contributions of our loyal supporters. Please fill out and mail with your check to: We receive no government support for our work and must rely on people Criminal Justice Legal Foundation like you who are concerned about the 2131 L Street breakdown in the rule of law and its Sacramento, CA 95816 impact on the safety of law-abiding Name: ______Americans. Help us continue our ef- forts to win court decisions to assure Address: ______that criminals are held accountable for ______their crimes and to fight policies that tie the hands of police and prosecutors Type of Contribution (check one): Business Personal by making your tax-deductible contri- bution today. Please return the card If you itemize your deductions, your contributions to CJLF are TAX DEDUCTIBLE. on the right with your check, or go to IRS I.D. Number: 94-2798865 www.cjlf.org, or call us at (916) 446- I would like to receive CJLF bulletins via e-mail. My e-mail address is: 0345 to contribute with your credit ______card. Thank you so much. Winter 2019

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16 counts. He appealed that ruling and in 2017, the state state the 2017, in and ruling that appealed He counts. 16 judge in this case,” she added. she case,” this in judge

dondo’s conviction, but ordered resentencing on 3 of the the of 3 on resentencing ordered but conviction, dondo’s the trial far outweighs the minor accommodation made by the the by made accommodation minor the outweighs far trial the

- Arre upheld appeal of court state divided a later year A ton. “The importance of helping these victims participate in in participate victims these helping of importance “The ton.

and an indeterminate term of 275 years to life in prison. in life to years 275 of term indeterminate an and good reason to be very afraid of their attacker,” said Staple said attacker,” their of afraid very be to reason good -

child molestation, and the judge sentenced him to 33 years years 33 to him sentenced judge the and molestation, child “The victims in this case, after years of sexual abuse, had had abuse, sexual of years after case, this in victims “The

the raised monitor. The jury convicted him on 16 counts of of counts 16 on him convicted jury The monitor. raised the him from staring at their faces. their at staring from him

objection was overruled, and all three victims testified with with testified victims three all and overruled, was objection from cross-examination by his attorney. It simply blocked blocked simply It attorney. his by cross-examination from

faces violated the Constitution’s confrontation clause, but the the but clause, confrontation Constitution’s the violated faces prevent him from seeing them, hearing their testimony, or or testimony, their hearing them, seeing from him prevent

objected on the ground that blocking his view of his victims’ victims’ his of view his blocking that ground the on objected minor accommodation made for Arredondo’s victims did not not did victims Arredondo’s for made accommodation minor

raised slightly to prevent her from seeing his face. Arredondo Arredondo face. his seeing from her prevent to slightly raised . The The . age victim’s the of regardless injury traumatic or rape

monitor, which was already attached to the witness stand, stand, witness the to attached already was which monitor, testimony, and extends this protection to victims of spousal spousal of victims to protection this extends and testimony,

tify with Arredondo staring at her, the judge had a computer computer a had judge the her, at staring Arredondo with tify sault victims 15 years old or younger to submit videotaped videotaped submit to younger or old years 15 victims sault

- tes to unable was 18, then victim, oldest the when trial, At - as sexual allowing further, goes law California television.

in school. in clude having victims testify in another room on closed-circuit closed-circuit on room another in testify victims having clude

psychological problems that required that she be held back back held be she that required that problems psychological - in alternatives These children. abused sexually involving

by the years of abuse, the oldest suffered from emotional and and emotional from suffered oldest the abuse, of years the by alternatives to face-to-face confrontation, particularly in cases cases in particularly confrontation, face-to-face to alternatives

police. While all of the girls had been severely traumatized traumatized severely been had girls the of all While police. S. Supreme Court decisions have allowed allowed have decisions Court Supreme S. U. that out pointed

incident to a school counselor who reported Arredondo to to Arredondo reported who counselor school a to incident cally confront his accuser is not absolute. The CJLF brief brief CJLF The absolute. not is accuser his confront cally

girl’s friends when she was visiting. The friend relayed the the relayed friend The visiting. was she when friends girl’s - physi to right defendant’s a that noted Stapleton Kymberlee

molestations stopped in 2013 after he molested one of the the of one molested he after 2013 in stopped molestations violate Arredondo’s rights. Foundation Associate Attorney Attorney Associate Foundation rights. Arredondo’s violate

2005 when the girls were eight, six, and five years old. The The old. years five and six, eight, were girls the when 2005 tion made by the judge to allow the victims’ testimony did not not did testimony victims’ the allow to judge the by made tion

ing his girlfriend’s daughters for eight years beginning in in beginning years eight for daughters girlfriend’s his ing (friend of the court) brief, arguing that the minor accommoda minor the that arguing brief, court) the of (friend -

- molest repeatedly of guilty found was molestation, child for Last December, CJLF filed a scholarly scholarly a filed CJLF December, Last curiae amicus

In 2015, Jason Arredondo, who had a previous conviction conviction previous a had who Arredondo, Jason 2015, In regarding the computer monitor. computer the regarding

to encourage a decision rejecting the child molester’s claim. molester’s child the rejecting decision a encourage to Supreme Court agreed to hear his Sixth Amendment claim claim Amendment Sixth his hear to agreed Court Supreme

The Criminal Justice Legal Foundation has joined the case case the joined has Foundation Legal Justice Criminal The

witnesses against him. against witnesses

front his accuser is not absolute. not is accuser his front

testified violated his Sixth Amendment right to confront the the confront to right Amendment Sixth his violated testified

- con physically to right defendant’s a that notes Stapleton direct view of the defendant from the girls he molested as they they as molested he girls the from defendant the of view direct

the judge’s decision to use a computer monitor to block the the block to monitor computer a use to decision judge’s the

violate the defendant’s rights. Associate Attorney Kymberlee Kymberlee Attorney Associate rights. defendant’s the violate

People v. Arredondo Arredondo v. People is whether whether is of case the in issue At

made by the judge to allow the victims’ testimony did not not did testimony victims’ the allow to judge the by made victims as they testified. they as victims

his rights by preventing him from making eye contact with his his with contact eye making from him preventing by rights his

CJLF filed a brief, arguing that the minor accommodation accommodation minor the that arguing brief, a filed CJLF

peal of a child molester who claims that the trial court violated violated court trial the that claims who molester child a of peal

- ap the hear to agreed has Court Supreme California The

TO OVERTURN HIS CONVICTION HIS OVERTURN TO

SEEKS MOLESTER CHILD